HomeMy WebLinkAboutAgenda Packet 2004/03/02
CITY COUNCIL AGENDA
March 2, 2004 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
~{f?-
~
r~ - - --
- -- -- --.
- - - --
~ ~--~
CllY OF
CHUIA VISfA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Mary Salas City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
**********
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's website at:
www.chulavistaca.gov
**********
CALL TO ORDER
I declare under penalty of perjury that I am
employed by 'he City~' ,. ,.,,:' is .. '" '.ne .
Otflce 01 U,ti CII)' Cltiri< ø.IIJ tnal I pvSltiO this
~f\t on the bulletin board according to
Brown Act requirements. 4: P.M.
/I J¡lP!r)Ct·
Dated n· Signed
March 2, 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
· INTRODUCTION BY PUBLIC WORKS OPERATIONS DIRECTOR BYERS OF THE
EMPLOYEE OF THE MONTH, TOM CLASS, PARK SUPERVISOR
· PRESENTATION BY MAYOR PADILLA TO ASSISTANT CITY MANAGER
FRUCHTER, OF THE EXCELLENCE IN OPERATING BUDGET AWARDS FROM
BOTH THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE
UNITED STATES AND CANADA AND THE CALIFORNIA SOCIETY OF
MUNICIPAL FINANCE OFFICERS, AND THE EXCELLENCE IN PUBLIC
COMMUNICATIONS AWARD FROM THE CALIFORNIA SOCIETY OF
MUNICIPAL FINANCE OFFICERS
· PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO DEBI
SCHWARZ, REPRESENTING GOODRICH EMPLOYEES, RECOGNIZING THEIR
CONTRIBUTIONS TO THE CHULA VISTA CARES PROGRAM
· PRESENTATION OF PROCLAMATIONS BY MAYOR PADILLA TO LATRICIA
WHITSON, JESSICA NEAMON, ANEATHRIA MAJOR, AND TESA
ZNAMENACEK, FOR THEIR HEROIC EFFORTS IN ASSISTING A FIVE-YEAR
OLD BOY WHO FELL INTO A DRAINAGE DITCH AT MEMORIAL PARK ON
SUNDAY, FEBRUARY 22, 2004
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. WRITTEN COMMUNICATIONS
A. Letter of resignation ITom Mark Marchand, member of the Mobilehome Rent
Review Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
B. Letter of resignation from Mark Weatherford, member of the Board of Ethics.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TRANSFERRING FUNDS TO PAY FOR DAMAGE TO CITY PROPERTY, AND
AMENDING THE FISCAL YEAR 2004 BUDGET THEREFOR
Due to an unusually high number of traffic accidents resulting in damage to City
property, repair costs are projected to exceed this year's Engineering budget. Adoption
of the resolution provides sufficient funds to meet those costs by approving the transfer of
$54,586 in available salary savings. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REAFFIRMING THE CITY COUNCIL'S PRIOR ACTION IN APPROVING THE
APPLICATION FOR GRANT FUNDS FROM THE MURRAY-HAYDEN URBAN
P ARKS AND YOUTH SERVICE PROGRAM UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS AND COASTAL
PROTECTION BOND ACT OF 2002 FOR THE OT A Y PARK RENOV A TION
On November 25, 2003, the City Council approved the submission of an application for
grant funds from the Murray-Hayden Urban Parks and Youth Service Program. The
application was filed and the California Department of Parks and Recreation has
requested that the resolution that was previously adopted by Council be clarified to
include in the title of the resolution a specific reference to the Otay Park Renovation.
(Director of General Services)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A BUDGET TRANSFER FROM THE CIVIC CENTER HV AC
EQUIPMENT UPGRADES CAPITAL IMPROVEMENT PROJECT (GGI66) TO THE
CORPORATION YARD CAPITAL IMPROVEMENT PROJECT (GG131) FOR
RENOVATIONS TO THE CITY'S WAREHOUSE FACILITY AND RELOCATION
OF THE PURCHASING DIVISION OF THE FINANCE DEPARTMENT TO THE
PUBLIC WORKS CENTER
Adoption of the resolution authorizes the transfer of $43,000 into the Corporation Yard
Capital Improvement Project and enables the City to make minor modifications to the
existing warehouse facility, allowing the relocation of the Purchasing Division of the
Finance Department from the Civic Center to the Public Works Center. (Director of
General Services)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda March 2, 2004
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $302,620 FOR
TWELVE REPLACEMENT POLICE SEDANS TO VILLA FORD, IN ACCORDANCE
WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO COOPERATIVE
BID NO. A3044-00-A
The Fiscal Year 200312004 Equipment Replacement Budget provides for the replacement
of twelve police sedans. Chula Vista Municipal Code Section 22.56.140 and Council
Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids
with other government agencies for the purchase of materials of common usage. The
City has an opportunity to participate in a current City of San Diego bid for favorable
terms and pricing. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 200312004 BUDGET BY APPROPRIATING
$10,822 OF UNANTICIP A TED SEWER FUND REVENUE TO PAY SLOAN
ELECTRIC COMPANY FOR REPAIRS ASSOCIATED WITH A SEWER PUMP
LOCATED AT THE OTAY LAKES ROAD SEWER LIFT STATION (4/5THS VOTE
REQUIRED)
On October 17, 2003, one of the sewer pumps located at the Otay Lakes Road sewer lift
station experienced a major electrical failure. This pump was repaired by the Sloan
Electric Company and is now in service again. The pump repairs cost a total of $10,822
and will be reimbursed by the Eastlake Development Company. (Director of Public
Works Operations)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A SUBCONTRACT BETWEEN THE CITY OF CHULA VISTA AND
SOUTH BAY COMMUNITY SERVICES FOR THE PROVISION OF A PART-TIME
EMPLOYEE TO COORDINATE THE LIFE OPTIONS PROGRAM AND RECRUIT
SENIOR MENTORS TO BE USED IN A SOUTH BAY COMMUNITY SERVICES
INTERGENERATIONAL PROGRAM, AMENDING THE FISCAL YEAR 2004
RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,140 BASED ON
UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID SUBCONTRACT (4/5THS VOTE REQUIRED)
South Bay Community Services (SBCS) has received a grant from the First 5
Commission of San Diego to develop intergenerational programming at its homeless
shelters. SBCS is contracting with the City's Recreation Department to hire a part-time,
bilingual Life Options South Bay Coordinator, who will coordinate the Life Options
program, recruit the senior mentors for SBCS, and provide initial screening for the SBCS
intergenerational program. (Director of Recreation)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda March 2, 2004
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA,
BURKETT & WONG ENGINEERS (CONSULTANT), MCMILLIN OTAY RANCH,
LLC, AND OTAY PROJECT LP (APPLICANTS), FOR THE PREPARATION OF A
PUBLIC FACILITIES FINANCING PLAN FOR VILLAGE 7 IN THE OT A Y RANCH
GENERAL DEVELOPMENT PLAN, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
McMillin Otay Ranch, LLC, and Otay Project LP (collectively named "Applicant") have
filed a Sectional Planning Area Plan (SPA) and Tentative Map applications for Otay
Ranch Village 7, including a site for the Sweetwater Union High School #13. The Otay
Ranch General Development Plan and the City's Growth Management Ordinance require
the preparation of a Public Facilities Financing Plan (PFFP) with each SPA Plan in order
to evaluate the project under the City's Growth Management Threshold Standards. The
applicant in the SPA Plan will assume the full cost of the PFFP document. The City
conducted a formal selective bidding process and selected the consulting services of
Burkett & Wong Engineers, who are qualified to prepare the PFFP for the Otay Ranch
Village 7 because of their qualifications, proposed cost, knowledge of the project and
past experience in PFFP preparation for Otay Ranch. (Director ofPlanning and Building)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, RBF
CONSULTING (CONSULTANT), MCMILLIN OTAY RANCH, LLC, AND OTAY
RANCH, LP. (APPLICANTS), RELATED TO A SECTIONAL PLANNING AREA
PLAN AND TENTATIVE MAPS FOR OT A Y RANCH VILLAGE 7, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
McMillin Otay Ranch, LLC, and Otay Project LP (collectively named "Applicant") have
filed a Sectional Planning Area Plan (SPA) and Tentative Map applications for Otay
Ranch Village 7, including a site for the Sweetwater Union High School #13. The Otay
Ranch General Development Plan requires the preparation of Sectional Planning Area
Plan and Tentative Map. The applicants will assume the full cost of processing of the
SPA Plan and Tentative Maps. The City conducted a formal selective bidding process
and selected the consulting services of RBF Consulting, who are qualified to perform
extension-of-staff professional planning services for the Otay Ranch Village 7 because of
their qualifications, proposed cost, knowledge of the project and past experience in
processing entitlement applications in the City. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE'S
SELECTION OF ONE MID-YEAR FISCAL YEAR 200312004 PERFORMING AND
VISUAL ARTS GRANT RECIPIENT AND ITS MONETARY GRANT AWARD
TOTALING $20,000
Page 4 - Council Agenda March 2, 2004
The Performing and Visual Arts Fund grant applications process currently allows for
consideration of mid-year requests. The Task Force reviewed one request and
recommends that this grant application receive the award in the amount of $20,000. This
is a one-time request to provide a "POPS" Symphonic Concert to be performed by the
San Diego Symphony and special artists as the highlight event of this year's Taste of the
Arts by the Bay Festival. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
11 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL A MAP OF CHULA VISTA TRACT NO. 92-02A,
MCMILLIN ROLLING HILLS RANCH SUB-AREA III, NEIGHBORHOODS 9
THROUGH 12, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISIONS,
ACCEPTING ON BEHALF OF THE PUBLIC PROCTER VALLEY ROAD,
COASTAL HILLS DRIVE, AGUA VISTA DRIVE, BUTTERFLY WAY, IRON GATE
LANE AND VINEYARD WAY, 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 A MAP SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 92-02A,
MCMILLIN ROLLING HILLS RANCH SUB-AREA III, NEIGHBORHOODS 9-12,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE SEWER PUMP STATION AGREEMENT FOR CHULA VISTA
TRACT NO. 92-02A, MCMILLIN ROLLING HILLS RANCH SUB-AREA III,
NEIGHBORHOODS 9-12, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
BETWEEN MCMILLIN ROLLING HILLS RANCH, LLC, AND THE CITY OF
CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT OF WAY WITHIN
ROLLING HILLS RANCH SUB-AREA III, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
Adoption of the resolutions approves the Final A Map within McMillin Rolling Hills
Ranch Sub-area III, Subdivision Improvement Agreements, Supplemental Subdivision
Improvement Agreement and the Sewer Pump Station Agreement for McMillin Rolling
Hills Ranch. (Director of General Services, Engineering)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Agenda March 2, 2004
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
12. PRESENTATION OF A REPORT ON THE DRAFT REGIONAL COMPREHENSIVE
PLAN FOR THE SAN DIEGO REGION
The draft Regional Comprehensive Plan (RCP) for the San Diego Region is currently
undergoing review, and the San Diego Association of Governments (SANDAG) is
making a presentation on the draft plan to the City Council. All jurisdictions in the
region are being asked to comment on the draft plan. The RCP's main purpose is to
strengthen the connection between land use and transportation planning, and between
local and regional planning efforts. This emphasis is important to several City of Chula
Vista programs, including the City's General PIan Update. (Director of Planning and
Building)
Staff recommendation: That the City Council accept the report on the draft Regional
Comprehensive Plan for the San Diego Region, add any comments they would like to
make on the draft plan, and authorize the Mayor to sign the proposed comment letter to
SANDAG on behalf of the City.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
13. CITY MANAGER'S REPORTS
14. MAYOR'S REPORTS
15. COUNCIL COMMENTS
ADJOURNMENT to the Regular Meeting of March 16, 2004, at 6:00 p.m. in the Council
Chambers (The meeting of March 9, 2004 has been cancelled).
Page 6 - Council Agenda March 2, 2004
Feb'-20-04 lO;47A P.O2
. -
3684 Bonita Farms Court
Bonita, CA 91902
619/267-4050
February 20, 2004
City of Chula Vista
Mayor Padilla & City Council
276 Fourth Ave.
Chula Vista, CA 91910
Dear Mayor Padilla and Council Members:
It is with regret that I submit my resignation as a member of the Mobllehome
Rent Review Commission. I have moved out of the city limits into Bonita and, as
I understand, no longer qualify to sit on the commission. I have enjoyed my
tenure and wish the remaining members much success. It has been an honor
and pleasure serving the cIty and hope to be able to be of service in some other
capacity that does not require primary residency.
or the opportunity to serve.
Sincerely,
--
=- c '. ~~V\.C\, 'NDV;l ') ~/~/c4-
Ilf
RECEIVED
Mark T. Weatherford
1164 VohnerPeakCourt
Chula Vista, CA 91913
February 18,2004
'04 FEB 23 P2 :46
CUY Qf G:\iULA VISifA
ßtiY CLERK'S OFf tOE
Office of the City Clerk
276 Fourth Avenue
Chula Vista, CA 91910
To The Honorable Mayor and City Council,
It is with sincere regret that I advise you of my resignation from the Board of Ethics. I have
accepted a new position with an organization in Colorado Springs, CO. and will be leaving
Chula Vista on February 29. It has been my great pleasure to serve with you.
Sincerely,
"-'\___ ~ ~ L
Mark T. Weatherford
/6
COUNCIL AGENDA STATEMENT
Item ;2"
Meeting Date 3/2/04
ITEM TITLE: Resolution transferring funds to pay for damage to City property,
and amending the FY2004 budget therefor
SUBMITTED BY: Director of General Services/City Engineer~
REVIEWED BY: City Manager&.'f-v'¡ (4/Sths Vote: Yes~No~
r 1:1 I.
,/"f
I
Due to an unusually high number of traffic accidents resulting in damage to City property, repair
costs are projected to exceed this year's Engineering budget. Proposed Council action will
provide sufficient funds to meet those costs by transferring $54,586 in available salary savings
from Personnel Services to Engineering's Damage to City Property Account.
RECOMMENDATION: That City Council adopt the resolution.
DISCUSSION: Since 1999, the costs to repair damages to the City's street light poles and
traffic signal poles by drivers have been borne by the City's General Fund. During the past four
years, costs have ranged up to $46,335 annually. The budget for FY2004 was set accordingly;
however, due to an unusual number of such traffic accidents this year, costs are expected to more
than double by June 30, 2004. This year's expenditures have already reached $39,736 with an
additional $29,400 in damages awaiting bids, and projected damages of $25,200 between now
and June 30, 2004 - for a total of $94,336. This will create a $54,586 shortfall for FY 2004.
The primary cause of the increase is the unusually large number of accidents involving City
property. Twenty-four (24) poles have been damaged to date this fiscal year. The usual number
is eight (8) for an entire year. Most accidents are occurring along major high-speed corridors
such as Telegraph Canyon Road, Olympic Parkway, and East H Street in the Eastern territories,
accounting for approximately 60% of the damage. On the west side, accidents of this type occur
largely on Main Street, Broadway, and L Street and account for the remaining 40%.
Due to public safety concerns, Engineering's Traffic Signal Maintenance section replaces
seriously damaged facilities in 1-3 days. Less seriously damaged poles are repaired or replaced
according to a timely schedule.
Repair costs are paid out of the General Fund, i.e., Engineering's "Damage to City Property"
operating account. The City eventually recoups 100% of expenses from insurance carriers or
individuals and the incoming funds are reimbursed to the General Fund. The projected $54,586
shortfall in this account may, however, be offset with significant available Engineering Division
salary savings of over $500,000 that have been projected for FY2004. Adoption of the resolution
will transfer $54,586 from Engineering "Personnel Services" account to Engineering "Damage to
City Property" account.
FISCAL IMPACT: There is a reduction of projected salary savings, but no net impact to the
General Fund.
J:\Engineer\AGENDA\AI13 Damage to City Property 2004.cb.doc
2/24/20043:15:32 PM
'"~,,
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TRANSFERING FUNDS TO PAY
FOR DAMAGE TO CITY PROPERTY AND AMENDING THE
FY 2004 BUDGET THEREFORE
WHEREAS, since 1999, the costs to repair damages to the City's street light poles and
traffic signal poles have steadily increased from $19,530 in Fiscal Year 2000 to $41,650 in Fiscal
Year 2003; and
WHEREAS, the primary cause of the increase is the unusually large number of accidents
involving City property; and
WHEREAS, this year's expenditures have already reached $39,736, with an additional
$29,400 in damages awaiting bids and projected damages of $25,200 between now and June 30,
2004 for a total of $94,336 - thereby creating a $54,586 shortfall in the Engineering Division's
Fiscal Year 2004 Other Expenses budget; and
WHEREAS, the Engineering Division has projected salary savings of over $500,000 for
this Fiscal Year, which can be used to cover the aforementioned shortfall; and
WHEREAS, the City of Chula Vista's budget transfer policy calls for City Council's
approval of intra-departmental transfers in excess of$15,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista
does hereby amend the Fiscal Year 2003/2004 budget by approving the transfer of $54,586 from the
Engineering Division's Personnel Services budget to its Other Expenses budget to pay for damage
to City property.
Presented by Approved as to form by
~D--. t. l~
Jack Griffin Ann Moore
Director of General Services City Attorney
J:Attorney/Reso/Finance/budget transfer - damage City Property
COUNCIL AGENDA STATEMENT
Item: 3
Meeting Date: 03/02/04
ITEM TITLE: Resolution reaffirming the City Council's prior action
in approving the application for grant funds from the Murray-
Hayden Urban Parks and Youth Service Program under the
California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Bond Act of 2002 for the Otay Park Renovation
SUBMITTED BY: Director of General servicesQM---
1.e1'
REVIEWED BY: City Manage ..t~ f./ (4/5ths Vote: Yes- No ---KJ
f j'¡)'
~
On November 25, 2003, the City Council approved the submission of an application for
grant funds from the Murray-Hayden Urban Parks and Youth Service Program. The
application was filed and the California Department of Parks and Recreation have
requested that the resolution that was previously adopted by Council be clarified to
include in the title of the Resolution a specific reference to the Otay Park Renovation.
Competitive grant funds are available from the State of California Department of Parks
and Recreation through the Murray-Hayden Urban P arks and Youth Services Program
under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Bond Act of 2002. The Recreation and General Services Departments
recommend that the City apply for these grant funds for the renovation and upgrade of
Otay Park, a heavily-used neighborhood park in the southwest section of the City. Grant
funds in the amount of $1,335,857 would be sought for the renovation of Otay Park
(hereinafter "the Project"), located at 1613 Albany Avenue.
STAFF RECOMMENDATION: That the Council adopt the Resolution:
1. Authorizing the filing of an application for local assistance funds from the
Murray-Hayden Program under the Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Bond Act of2002; and
2. Certifying that the City has sufficient funds to operate and maintain the
Project; and
3. Certifying that the City has reviewed, understands and agrees to the General
Provisions Contract contained in the California State Parks and Recreation
Department, Murray Hayden Procedural Guide; and
4. Certifying that the project is consistent with the Park and Recreation Element
of the General Plan, as approved by Council by Resolution 15176 dated July
HAYDEN GRANT 2/17/0411:58 AM ,3 W"- /
Page 2, Item: l3
Meeting Date: 3/02/04
11, 1989 and the Otay Park Master Plan, as approved by Council by
Resolution 17501 dated May 24, 1994;
5. Appointing the Director of General Services as agent to conduct all
negotiations, execute and submit all documents including, but not limited to,
applications, agreements, payment requests and so on, which may be
necessary for the completion of the Project.
BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation
Commission originally approved the submittal of this grant application at its March 22,
2002 meeting and was advised of the proposed grant submission at its October 16, 2003
meeting.
DISCUSSION:
The intent of the Murray-Hayden Program, under the Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Bond Act of 2002 is to provide grant
funding to eligible applicants for eligible capital projects, including parks, park facilities,
environmental enhancement projects, youth centers, and environmental youth service
centers that are within a one-mile radius of a neighborhood (Neighborhood Service Area)
that meets the following State Department of Parks and Recreation criteria:
. Has a critical lack of parks and/or open space, and/or deteriorated park facilities;
. Has significant poverty and unemployment; and
. Has a shortage of services for youth
Under the State guidelines, the City of Chula Vista qualifies as an eligible applicant, as
the City can be defined as a "heavily urbanized city", by its location within San Diego
County, which can be considered a "heavily urbanized county" by virtue of a population
in excess of 750,000.
Eligible capital projects include acquisition and development, development, and
rehabilitation. Approximately $46,675,000 is available for capital projects. The grant
request may be $100,000 to $2.5 million per project. The application submittal deadline
is December 15, 2003.
The Recreation and General Services Departments believe the best candidate for this very
competitive grant process is Otay Park in the Otay Community. Otay Park is an existing
4.2-acre neighborhood park located in the southwest section of the City at 1613 Albany
Avenue and is in need of significant improvements to upgrade the park amenities to
benefit the surrounding neighborhood. T he Neighborhood Service A rea is a 0 ne-mile
radius circling Otay Park. As geographical reference, this service area would be west to
Beyer Blvd; east to Malta Avenue; north to Palomar; and south to Palm Avenue. Council
approved a master plan for the park site in May of 1994. Funding is needed for both the
development of construction documents and the actual construction of the approved new
3-2-
~
Page 3, Item: ~
Meeting Date: 3/02/04
park amenities. Renovation of this park is an eligible development or rehabilitation
project under the grant. This park was selected for the following reasons:
. The current facility allows only limited use, and when rehabilitated, will provide
expanded use. The open area of Otay Park consists of a large turf area with
approximately six picnic tables. Of these picnic tables, only one is made of
cement with the others being constructed of wood, which have a shorter lifespan
and require much more maintenance. There is also playground equipment for
young children that needs to be upgraded;
. There is a critical lack of open space in this Neighborhood Service Area, which
has a population of 37,467 per the 2000 Census Tract. In this Neighborhood
Service Area there are 1.85 acres of park and/or open space land per 1,000
residents currently maintained for public recreation. The definition for "critical
lack of park and open space" by the Murray-Hayden Urban Parks and Youth
Services Program is less than 5 acres of park and/or open space land per 1,000
residents;
. According to the Chula Vista Elementary School District on average 71.5% of the
student population of the two closest elementary schools within the Neighborhood
Service A rea participate in the federal free lunch program, thereby reflecting a
relatively high rate of poverty;
. Per the 2000 Census Tract, the unemployment average of the Neighborhood
Service Area is 8.9%;
. A need for youth services prevails in the Neighborhood Service Area since Otay
Park, Otay Recreation Center, and Lorna Verde Recreation Center provide the
only services in the Neighborhood Service Area;
The approved Park Master plan design development was a collaborative effort that
included a series of meetings with the adjacent residents, City administrative staff, the
School Board for the Chula Vista Elementary School District, the principal of Otay
Elementary School, and the Metropolitan Area Advisory Committee. The approved Park
Master plan design responded to park and recreation needs of the adjacent neighborhood
and includes the following amenities:
. A Community Gathering place containing a plaza area, a new public restroom
(which was completed in 2003), a shaded arbor for group picnics, two play areas
separated by age, an elevated concrete platform/stage area providing a venue for
neighborhood cultural events
. Active Recreation Use Areas including a multi-purpose sports field and a
decomposed granite jogging path circumnavigating the park site
The estimate of probable cost for this project is $1,335,857.
~y
4
Page 4, Item: ""\
-'w/'
Meeting Date: 3/02/04
If awarded this grant, staff will bring forward to Council a resolution appropriating
monies from the State to fund this project as part of the City's Capital Improvement
Program. A contract with the State must then be in place by June 30, 2005, with project
completion by June 30, 2010. If the grant is awarded to the City, staff anticipates a
completion date of 18 months from the funding date.
FISCAL IMP ACT: The matching fund requirement that was previously part of this
grant has been deleted. If successful the grant will provide $1,335,857 in unanticipated
revenues to the City Of Chula Vista for renovations to Otay Park.
,3-L/
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE APPLICATION FOR GRANT
FUNDS FROM THE MURRAY -HAYDEN URBAN PARKS AND
YOUTH SERVICE PROGRAM UNDER THE CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGBORHOOD PARKS,
AND COASTAL PROTECTION BOND ACT OF 2002 FOR THE
OT A Y PARK RENOV A nON
WHEREAS, competitive grant funds are available from the State of California
Department of Parks and Recreation through the Murray-Hayden Urban Parks and Youth
Services Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Bond Act of2002; and
WHEREAS, the Recreation and General Services Departments recommended that the
City of Chula Vista apply for these grant funds for the renovation and upgrade of Otay Park, a
heavily-used neighborhood park in the southwest section of the City; and
WHEREAS, the Parks and Recreation Commission originally approved the submittal of
this grant application at its March 22,2002 meeting and was advised of the proposed grant
submission at its October 16, 2003 meeting.
WHEREAS, on November 25, 2003, the City Council approved the submission of an
application for $1,335,857 in grant funds from the Murray-Hayden Urban Parks and Youth
Service Program to pay for the renovation of Otay Park (hereinafter "the Project"), located at
1613 Albany Avenue; and
WHEREAS, the California Department of Parks and Recreation have requested that the
resolution that was previously adopted by Council be clarified to include in the title of the
Resolution a specific reference to the Otay Park Renovation; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby:
1. Authorize the filing of an application for local assistance funds from the Murray-
Hayden Program under the Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Bond Act of 2002 for the Project; and
2. Certify that the City has sufficient funds to operate and maintain the Project; and
3. Certify that the City has reviewed, understands, and agrees to the General Provisions
Contract contained in the California State Parks and Recreation Department, Murray
Hayden Procedural Guide; and
4. Certify that the project is consistent with the Park and Recreation Element of the
..j -' ~
General Plan, as approved by Council by Resolution 15176 dated July 11, 1989 and
the Otay Park Master Plan, as approved by Council by Resolution 17501 dated May
24, 1994; and
5. Appoint the Director of General Services as agent to conduct all negotiations, execute
and submit all documents including, but not limited to, applications, agreements,
payment requests and so on, which may be necessary for the completion of the
Project.
Presented by Approved as to form by
D~ t. &-Ie--
Buck Martin Ann Moore
Director of Recreation City Attorney
J :Attomey/ResolGrants/Murray Hayden Grant 2004
3--~
COUNCIL AGENDA STATEMENT
Item 1*
Meeting Date March 2. 2004
ITEM TITLE: Resolution approving a budget transfer from the Civic Center
HV AC Equipment Upgrades Capital Improvement Project (GGI66) to
the Corporation Yard Capital Improvement Project (GG 131) for
renovations to the City's warehouse facility and relocation of the
Purchasing Division of the Finance Department to the Public Works
Center.
SUBMITTED BY: Director of General Services ~~
Director of Financ~
REVIEWED BY: City Manage~~ r (4/5ths Vote: Yes X No~
The City's budget transfer policy calls for City Council's approval for transfers more than
$15,000 between project budgets. This transfer will provide sufficient funds in the Corporation
Yard project budget to cover the costs of making minor modifications to the City's warehouse
facility as part of the relocation of the Purchasing Division of the Finance Department to the
Public Works Center.
RECOMMENDATION: That Council adopt the resolution approving a budget transfer from
the Civic Center HV AC Equipment Upgrades Capital Improvement Project (GGI66) to the
Corporation Yard Capital Improvement Project (GG13 I) for renovations to the City's warehouse
facility and relocation of the Purchasing Division of the Finance Department to the Public Works
Center in the amount of $43,000.
BOARDS/COMMISSION: Not applicable
DISCUSSION:
With the recent reorganization of the Community Development Department, the upcoming
required relocations of staff associated with the renovations of the Civic Center Complex and the
operational realities of the Purchasing Division of the Finance Department, staff has determined
that it would be of significant benefit to the City in terms of operational efficiencies to relocate
the Purchasing Division to the John Lippitt Public Works Center.
The existing warehouse at the John Lippitt Public Works Center was originally designed to
contain offices for the Purchasing Division staff. These offices were "roughed in" with the
construction of the facility but have not been finished or furnished. The reason that the offices
were "roughed in" was the recognition that, at some point in time, the City may determine that it
is more efficient to house the Purchasing Division at the Public Works Center. One of the
primary justifications for this was the fact that the Public Works Department is by far the largest
purchaser in the City. Also, the creation of the General Services Department, located at the John
Lippitt Public Works Center, as a major purchaser further emphasizes the logic of this move.
Page 2, Item A-
Meeting Date March 2. 2Ó04
Ancillary to the operational efficiencies is the recent reorganization of the Community
Development Department. The Community Development Department is partially housed in the
Legislative Office Building which is also the current home of the Purchasing Division. With the
above mentioned reorganization, the Community Development Department needed additional
space which was not readily available in the Legislative Office Building or the Community
Development Building.
Lastly, with the impending start of construction later this year on the Civic Center Renovations,
the City's Purchasing Agent will be playing an integral role in the entire renovation process,
especially related to the purchase of furniture and equipment and the temporary movement of
City staff and, therefore, will be working very closely with the General Services Department. At
the completion of the new City Hall, which will be the new home of the Finance Department,
office space will be provided for the Purchasing Division at City Hall as well as at the John
Lippitt Public Works Center.
The total cost of completing the offices is expected not to exceed $43,000.
FISCAL IMPACT: Approval of tonight's resolution will authorize a budget transfer of
$43,000 from the Civic Center HV AC Equipment Upgrades Capital Improvement Project
(GGI66) to the Corporation Yard Capital Improvement Project (GG131) for renovations to the
City's warehouse facility and relocation of the Purchasing Division of the Finance Department to
the Public Works Center.
J:IGeneral ServiceslGS AdministrationlCouncil AgendalPublic Works CenterlPurchasing Relocation.doc
Lj-¿
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A BUDGET TRANSFER FROM
THE CIVIC CENTER HVAC EQUIPMENT UPGRADES
CAPITAL IMPROVEMENT PROJECT (GGI66) TO THE
CORPORATION YARD IMPROVEMENT PROJECT (GG131)
FOR RENOVATIONS TO THE CITY'S WAREHOUSE
FACILITY AND RELOCATION OF THE PURCHASING
DIVISION OF THE FINANCE DEPARTMENT TO THE PUBLIC
WORKS CENTER
WHEREAS, staff has determined that it would be of significant benefit to the City in terms
of operational efficiencies to relocate the Purchasing Division to the John Lippitt Public Works
Center; and
WHEREAS, the existing warehouse at the John Lippitt Public Works Center was originally
designed to contain offices for the Purchasing Division staff; and
WHEREAS, these offices were "roughed in" during the Center's construction; and
WHEREAS, staff is requesting that a transfer of $43,000 from the Civic Center HV AC
Equipment Upgrades Capital Improvement Project (GG 166) to the Corporation Yard Capital
Improvement Project (GG 131) be approved to cover the costs of making minor modifications to the
City's warehouse facility and relocating the Purchasing Division to the Public Works Center; and
WHEREAS, the City of Chula Vista's budget transfer policy calls for City Council's
approval for transfers more than $15,000 between project budgets; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista
does hereby approve a budget transfer of $43,000 from the Civic Center HV AC Equipment
Upgrades Capital Improvement Project (GGI66) to the Corporation Yard Improvement Project
(GG 131) for renovations to the City's warehouse facility and relocation of the Purchasing Division
of the Finance Department to the Public Works Center.
Presented by Approved as to form by
Î)~ l . \-\-~
Jack Griffin Ann Moore
Director of General Services City Attorney
J:Attorney/Reso/Finance/budge1 transfer- GG166 to GG131
L( -_1
COUNCIL AGENDA STATEMENT
Item 5
Meeting Date 03/02/2004
ITEM TITLE: Resolution Awarding a Purchase Agreement in the amount of
$302,620 for twelve replacement police sedans to Villa Ford, in
accordance with the terms and conditions of City of San Diego
cooperative bid #A3044-O0-A P
SUBMITTED BY: Director of Public Works Operations ./
Director ofFinance~
REVIEWED BY: David D. Rowlands, Jr., City Manage£t;1r1(4/5ths Vote: Yes- No XJ
The FY 2003-04 Equipment Replacement Budget provides for the replacement of twelve police
sedans. The Chula Vista Municipal Code Section 22.56.140 and Council Resolution No. 6132
authorize the Purchasing Agent to participate in cooperative bids with other government
agencies for the purchase of materials of common usage. The City has an opportunity to
participate in a current City of San Diego bid for favorable terms and pricing.
RECOMMENDATION: That the City Council approve the Resolution awarding the Purchase
Agreement in the amount of $302,620 to Villa Ford for twelve police sedans.
DISCUSSION:
In the past, the City of Chula Vista has entered into purchasing agreements with the City of San
Diego for various pieces of equipment. Several local agencies combined requirements for this
bid and, as a result, received favorable terms and pricing based on volume discounts. The City
of Chula Vista has an opportunity to participate in the City of San Diego Bid and realize these
cost benefits. The twelve police sedans are being replaced in their normal retirement cycle.
FISCAL IMPACT:
Sufficient funds are available in the Equipment Replacement Budget for the replacement of
twelve police sedans.
File No: 1320-50-00
C:\Documents and Settings\robertb\My Documents\Bob\equipment\Al 13 PDSedansFY04.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VIST A AWARDING A PURCHASE AGREEMENT IN THE AMOUNT
OF $302,620 FOR TWELVE REPLACEMENT POLICE SEDANS TO
VILLA FORD, IN ACCORDANCE WITH THE TERMS AND
CONDITIONS OF CITY OF SAN DIEGO COOPERATIVE
BID#A3044-00-A
WHEREAS, the FY 2003-04 Equipment Replacement Budget provides for the
replacement of twelve police sedans; and
WHEREAS, the Chula Vista Municipal Code Section 22.56.140 and Council Resolution
No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other
government agencies for the purchase of materials of common usage; and
WHEREAS, the City has an opportunity to participate in a current City of San Diego bid
for favorable terms and pricing; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista
does hereby award a Purchase Agreement in the amount of $302,620 for twelve police sedans to
Villa Ford.
Presented by Approved as to form by
11 ðVð. 4
Dave Byers Ann Moore ~
Director of Public Works Operations City Attorney
J:\Attorney\pllrchase agreements\award police sedans.doc
I
5-
COUNCIL AGENDA STATEMENT
Item -it-
Meeting Date: 3/02/04
ITEM TITLE: Resolution Amending the FYO3-04 budget by appropriating
$10,822 of unanticipated Sewer Fund revenue to pay Sloan Electric
Company for repairs associated with a sewer pump located at the Otay
Lakes Road sewer lift station
SUBMITTED BY: Director 0 f Pub li~ W orks operation~
REVIEWED BY: City Manager ~f)¡J (4/5ths Vote: Yes -.lL No - )
fG' ì - - -
On October 17, 2003, one of the sewer pumps located at the Otay Lakes Road sewer lift station
experienced a major electrical failure. This pump was repaired by the Sloan Electric Company
and is now in service again. The pump repairs cost a total of $1 0,822 and will be reimbursed by
the Eastlake Development Company.
RECOMMENDATION: That Council adopt the Resolution amending the FY03-04 budget
by appropriating $10,822 of unanticipated Sewer Fund revenue to pay Sloan Electric Company
for repairs associated with a sewer pump located at the Otay Lakes Road sewer lift station.
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
The Lift Station/Pool Maintenance operational budget is not designed to cover large emergency
pump repairs similar to the one that occurred at the Otay Lakes Road sewer lift station.
Therefore, funds must be appropriated to cover these types of emergency repairs. The Eastlake
Development Company reimburses the City on a quarterly basis for all operational maintenance
and repair costs associated with the Otay Lakes Road sewer lift station. The scope of work
associated with the repairs completed is provided in the attachment.
FISCAL IMP ACT:
The pump repairs including labor and materials cost a total of $10,822. The total required funds
would be appropriated from the Sewer Fund to Lift Station/Pool Maintenance and will be
reimbursed by the Eastlake Development Company. Therefore, there is no fiscal impact to the
General Fund.
Attachment: Scope of Work from Sloan Electric Company
C:\Documents and Settings\robeltb\My Documents\Bob\A113 Sloan ElectIic Company. doc
- - -. --. ~~~ "LUnll tLtLIt<lL 6192395086 p.2
.
~RELIADn.ITY C1!flT£RED MAINTENANCE SERVICE"
Elect/ric: Coøapazay 24 .. "tOolll. SERVICIE
3520 Main Street, San Diego Ca. 92113, Telephone: 619-239-5174, Fax: 619-239-5086
www.sloanelectric.com
Chula Vista, City of
1800 Maxwell Road
Chula Vista, CA 91911
Attn: Brian Walthers
Re: Submersible, Gorman Rupp, 126 HP, 1766 Rpm, Serial number 962729
11onday,JanuaryI9,2004
Dear Brian:
The following is the scope of work and pricing on the repair of your Gorman Rupp 126HP
pump.
**Complete disassembly, mic all mechanical fits
** Steam/ solvent clean all parts
** Complete rewind of the stator assembly, and epoxy coat rewound stator
** Furnish and install new angular contact bearing, single groove shielded bearing, roller
bearing, bearing collar
** Furnish and install new moisture switch, O-ring kit, power cords, rubber seals, 14/3 SOOW
cord control cable
** Dynamically balance the rotor assembly, polish shaft, assemble, test and paint unit
Note: Customer has supplied new upper seal, volute and impeller
Cost Breakdown: Labor: $7,360.00 Material: $3,212.76 Tax: $248.98 Total: $10,821.74
We are awaiting a purchase order so we can bill this job. If you have any questions please give
me a call.
Sincerely,
~Ji:~
David Allen
Account 11anager
ALL QUOTES ARE VALID FOR 30 DAYS
Ucense #286497
3520 Main Street. San Diego Ca. 92113. Telephone: 619-239-5174, Fax: 619-239-5086
~ ~.
¡¿J
RESOLUTION NO. 2004- -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 03-04 BUDGET BY
APPROPRIA TINO $10,822 OF UNANTICIP A TED SEWER
FUND REVENUE TO PAY SLOAN ELECTRIC CaMP ANY
FOR REP AIRS ASSOCIATED WITH A SEWER PUMP
LOCA TED AT aT A Y LAKES ROAD SEWER LIFT STATION
WHEREAS, on October 17,2003, one of the sewer pumps located at Otay Lakes Road
sewer lift station experienced a major electrical failure; and
WHEREAS, the Lift Station/Pool Maintenance operational budget is not designed to
cover large emergency pump repairs similar to the one that occurred at the Otay Lakes Road
sewer lift station; and
WHEREAS, funds must be appropriated to cover these types of emergency repairs; and
WHEREAS, the Eastlake Development Company reimburses the City on a quarterly
basis for all operational maintenance and repair costs associated with the Otay Lakes Road sewer
lift station.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend the FY 03-04 budget by appropriating $10,822 of unanticipated Sewer
Fund revenue to pay Sloan Electric Company for repairs associated with a sewer pump located at
the Otay Lakes Road sewer lift station.
Presented by Approved as to form by
ði .JPt ~~
Dave Byers Ann~
Director of Public Works Operations City Attorney
J :lattorneylresol1inanceIAmend FY 04 Sloan Electric
COUNCIL AGENDA STATEMENT
Item 1
Meeting Date: 03/02/04
ITEM TITLE: Resolution Approving a Subcontract between the City of Chula Vista
and South Bay Community Services for the provision of a part-time
employee to coordinate the Life Options program and recruit seniors mentors
to be used in a South Bay Community Services Intergenerational Program,
amending the FY04 Recreation Department budget by appropriating $6,140
based on unanticipated revenue, and authorizing the Mayor to execute said
subcontract. ~
SUBMITTED BY: Director of Recreati
I~
REVIEWED BY: City Manager lø. ,,~ (4/5ths Vote: Yes X No -)
k{~' South Bay Community Services has been awarded a grant by the First 5 Commission of San Diego to
conduct an intergenerational program. The program will benefit pre-school aged children residing in
homeless shelters by enhancing their school readiness skills, and will involve the use of senior
mentors. As part of this program, South Bay Community Services wishes to subcontract with the
City and provide funding to support a part-time staff position who would recruit the senior mentors
by coordinating and utilizing the Life Options program.
RECOMMENDATION: That Council adopt the resolution approving a Subcontract between the
City and South Bay Community Services for provision of a part-time employee, amend the FY04
budget by appropriating $6,140 in Personnel Services based on unanticipated revenue, and authorize
the Mayor to execute said subcontract.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
South Bay Community Services was recently awarded a grant from the First 5 Commission of San
Diego to provide an intergenerational program aimed at helping pre-school children residing in
homeless shelters prepare for school. Senior mentors, recruited through the City's Life Options
program, and trained through the Chula Vista Elementary School District's School Readiness
Program, will provide supervised activities for children residing at homeless shelters and domestic
violence shelters to help them prepare for entry into the formal educational setting.
South Bay Community Services wishes to subcontract with the City, providing funding to allow the
City to hire a benefited part-time Recreation Specialist who will recruit and help screen the senior
mentors for the program. The City via the Recreation Department was selected for this due to our
unique ability to target senior volunteers and mentors through the Life Options program based at
Page 2, Item: 2-
Meeting Date: 03/02/04
Norman Park Center. The staff would work approximately 20 hours/week, doing ongoing recruiting
in addition to enhancing the Life Options program.
The funding provided by South Bay Community Services would completely offset all wage and
benefit costs of the staff, and the City would be reimbursed for all expenses incurred on a quarterly
basis. The grant is in effect from March - December 04, and this appropriation covers the remainder
of the current fiscal year only.
FISCAL IMP ACT: There is no net impact to the General Fund. South Bay Community Services is
subcontracting with the City for $15,350, $6,140 of which will be utilized during the remainder of
the current fiscal year, with the balance ofthe funding to be used during FY 05. The Department is
amending the FY04 budget for Personnel Services by $6,140, and anticipates amending the FY05
Spending Plan for Personnel Services by $9,210. It is anticipated that the grant maybe renewed for
an additional two years, pending the continued availability of funds from the First 5 Commission.
Attachment: "A"- Subcontract between South Bay Community Services and the City of Chula Vista
H:\home\parksrec\A 1131critical hrs.subcontract
2
RESOLUTION NO. 2004- -
RESOLUTION APPROVING A SUBCONTRACT BETWEEN THE
CITY OF CHULA VISTA AND SOUTH BAY COMMUNITY
SERVICES FOR THE PROVISION OF A PART-TIME EMPLOYEE TO
COORDINATE THE LIFE OPTIONS PROGRAM AND RECRUIT
SENIORS MENTORS TO BE USED IN A SOUTH BAY COMMUNITY
SERVICES INTERGENERATIONAL PROGRAM, AMENDING THE
FY04 RECREATION DEPARTMENT BUDGET BY APPROPRIATING
$6,140 BASED ON UNANTICIPATED REVENUE, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID SUBCONTRACT
WHEREAS, South Bay Community Services has been awarded a grant by the First 5
Commission of San Diego to conduct an intergenerational program; and
WHEREAS, the program will benefit pre-school aged children residing in homeless
shelters by using senior mentors to enhance their school readiness skills; and
WHEREAS, South Bay Community Services wishes to enter an agreement with the City
which will provide funding to support a part-time staff position who would recruit senior
mentors by coordinating and utilizing the City of Chula Vista Life Options program.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
Vista does hereby approve an agreement between South Bay Community Services and the City
of Chula Vista to provide an intergenerational program aimed at helping pre-school children
residing in homeless shelters prepare for school and authorizing the Mayor to execute said
Agreement.
BE IT FURTHER RESOLVED that the Fiscal Year 2004 personnel services budget for
the Recreation Department is amended by appropriating $6,140 in unanticipated revenues.
Presented by Approved as to form by
Vo.- "7. 1-+ '--
Buck Martin Ann Moore
Recreation Director City Attorney
J :Attorncy/Reso/ Agreement/SBCS Life. Options Agreement 2004
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
D~ (~ ~o---
Ann Moore
City Attorney
Dated: February 25,2004
MEMORANDUM OF UNDERSTANDING BETWEEN SOUTH BAY
COMMUNITY SERVICES AND THE CITY OF CHULA VISTA FOR THE
LIFE OPTIONS PROGRAM AND INTERGENERA TIONAL
PROGRAMMING AT HOMELESS SHELTERS
,.,
Agreement Between
SOUTH BAY COMMUNITY SERVICES
and
THE CITY OF CHULA VISTA
For the Life Options Program and
Intergenerational Programming at Homeless Shelters
This Agreement, entered into on this day of 2004, by and
between South Bay Community Services, a California Non-Profit Public Benefit
Corporation, 1124 Bay Blvd., Suite D, Chula Vista, CA 91911, hereinafter referred to as
"SBCS", and the City of Chula Vista, 276 4th Ave, Chula Vista, CA 91910 hereinafter
referred to as "City".
WITNESSETH
WHEREAS, SBCS and City desire to work cooperatively to expand Life Options
South Bay to recruit senior mentors to work with homeless families in shelters operated
by SBCS; and
WHEREAS, the purpose of Life Options South Bay is to provide seniors over 50
with volunteer opportunities; educational, recreational, and health activities and
employment possibilities; and
WHEREAS, SBCS has received a grant from the First 5 Commission of San
Diego to develop intergenerational programming at its homeless shelters, which includes
$15,350 to hire a part-time bilingual Life Options South Bay Coordinator - who will be
responsible for coordinating the Life Options program, recruiting the senior mentors for
SBCS, and providing initial screening for the SHCS intergenerational program; and
WHEREAS, the purpose of this Agreement is to establish a formal working
relationship between the parties, delineating the responsibilities of each party and the
compensation to be provided.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
I. RESPONSffilLITIES OF SOUTH BAY COMMUNITY SERVICES
SBCS shall perform the following:
A. Fiscal Lead Agency
1. Serve as the lead fiscal agency in administering the First 5 Commission of
San Diego intergenerational program funding.
2. Administer and report back to the funding source, the First 5 Commission
of San Diego, on the objectives outlined in the intergenerational program
contract.
3. Complete program management, monitoring, and evaluation as per
contract with the First 5 Commission of San Diego.
ll. RESPONSmILITIES OF THE CITY
The City shall perform the following services:
A. Provide seruors over 50 with volunteer opportunities; educational,
recreational, and health activities; and employment possibilities through Life
Options South Bay.
B. Recruit and hire a part-time bilingual Coordinator for Life Options South Bay,
who will coordinate the Life Options program, recruit senior mentors for SBCS,
and provide initial screening for the SBCS intergenerational program.
ill. COMPENSATION
A. SBCS agrees to compensate the City the sum of up to $15,350 from the
Intergenerational Program funds granted to SBCS by the First 5 Commission of
San Diego to support activities provided that meet the program objectives. This
compensation shall be on a reimbursement basis, limited to wages and benefits for
a part-time Recreation Specialist. This is contingent upon the program being
operational from March 3, 2004 - January 31, 2005. City shall invoice SBCS for
this reimbursement on a quarterly basis.
B. All invoices must be accompanied by appropriate documentation which shall
include employee name, hourly wage, total hours worked, benefit factors, and
time sheets.
C. Transfer payments shall be made to the City within 30 days of receipt of invoice.
IV. TERMITERMINA TION
The term of this Agreement shall commence on March 3, 2004 and continue through
January 31, 2005. This Agreement may be terminated by either party upon thirty (30)
day advance written notice.
V. AMENDMENTS
Amendments to this Agreement may be made with a mutual written agreement by both
parties.
2
7
. "'0"
VI. HOLD HARMLESS INDEMNIFICATION
Each party agrees to hold harmless the other, their elected and appointed officers,
trustees, agents and employees from and against all claims or damages, liability or costs
and expense (including without limitation attorney's fees) arising out of the performance
of this Agreement by the parties, their agents, employees, subcontractors or others, except
for only those claims arising from the sole negligence or sole willful misconduct of either
party, or their officers or employees. It is understood that such indemnity shall survive
the termination of this agreement.
----
IN WITNESS WHEREOF, SBCS and City have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated: ,200
-
CITY OF CHULA VISTA
By
Stephen C. Padilla, Mayor
Attest:
By
Susan Bigelow, City Clerk
Approved as to form:
By
Ann Moore, City Attorney
3
7-7
.
COUNCIL AGENDA STATEMENT
Item: g
Meeting Date: 03/02/04
ITEM TITLE: Resolution of the City Council of the City of Chula Vista, approving an
agreement between the City of Chula Vista; Burkett & Wong Engineers,
Consultant; and McMillin Otay Ranch, LLC and Otay Project LP;
Applicants for the preparation of a Public Facilities Financing Plan for
Village 7 in the Otay Ranch General Development Plan, and authorizing
the Mayor to execute said agreement.
SUBMITTED BY: Director of Plæ,mmg and BUildinf
REVIEWED BY: {;tv. ., (4/5ths Vote: Yes No X)
City Manager ~r'3¡-
McMillin Otay Ranch, LLC, and Otay Project LP (collectively named "Applicant") have filed a
Sectional Planning Area Plan (SPA) and Tentative Map applications for Otay Ranch Village 7
including a site for the Sweetwater Union High School #13. The Otay Ranch General
Development Plan and the City's Growth Management Ordinance require the preparation of a
Public Facilities Financing Plan (PFFP) with each SPA Plan in order to evaluate the project
under the City's Growth Management Threshold Standards. McMillin Otay Ranch, LLC, and
Otay Project, LP are the Applicant in the SPA Plan and will assume the full cost of the PFFP
document. The City conducted a formal selective bidding process and selected the consulting
services of Burkett & Wong Engineers, who are qualified to prepare the PFFP for the Otay
Ranch Village 7 because of their qualifications, proposed cost, knowledge of the project and past
experience in PFFP preparation for Otay Ranch.
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 that State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION:
That the City Council adopt the resolution approving an agreement between the City of Chula
Vista, Burkett & Wong Engineers McMillin Otay Ranch, LLC, and Otay Project, LP, for
consulting services related to the preparation of a PFFP and Fiscal Impact Analysis for Village 7
of Otay Ranch, and authorizing the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N / A
j-l
Page 2, Item: -
Meeting Date: 03/02/04
DISCUSSION:
Background
On July 15, 2003, Resolution # 2003-303, the City Council directed staff by resolution to
expedite the processing of Otay Ranch General Development Plan Village 7 Sectional Planning
Area (SPA) entitlements in support of the acquisition and development of High School #13 by the
Sweetwater Union High School District. The Otay Ranch General Development Plan (GDP) and
the City's Growth Management Ordinance require the preparation of a PFFP for all SPA Plans in
the Otay Ranch. The PFFP is required to evaluate the proposed projects in relationship to the
City's Growth Management Threshold Standards to ensure that the City's standards are
maintained through the development of the SPA Plan. The Planning and Building Department
staff is currently reviewing and processing the SPA Plan for Otay Ranch Village 7.
Consultant Services Selection Process
On October 10, 2003, the Planning Division sent the four fIrms on the list of qualified
consultants a Request for Proposal to prepare the PFFP for Otay Ranch Village 7 SPA Plan.
Only two fIrms responded: Burkett & Wong Engineers and MMS Engineering.
Staff conducted a formal selective bidding process, and selected the firm of Burkett & Wong
Engineers to prepare the PFFP for the Village 7 SPA Plan because of their qualifications, proposed
cost, knowledge of the project and past experience. in PFFP preparation. The consultant represents
that they are experienced and staffed in a manner that they can prepare and deliver the required
services to the City within the necessary time frames. The Planning Division staff has negotiated
the details of this agreement in accordance with procedures set forth in Section 2.56.110 of the
Chula Vista Municipal Code. Burkett & Wong proposed to do this work for $ 49,000.
Scope-of- Work
Under the agreement, which is based on the City's four-party agreement, Burkett & Wong will
perform tasks associated with the scope-of-work for the preparation of a PFFP for Otay Ranch
Village 7. The scope-of-work includes tasks such:
. Research and Analysis: The consultant will gather and review all data and available
documents. The consultant will meet. with City staff to discuss any issues as well.
ConfIrmation of the project's statistics and criteria will be confIrmed at this stage as well.
. Facilities Analysis: The consultant will initiate and prepare an independent analysis of
short-term and long-telm impact of the project on public facilities. In addition, the
consultant will evaluate the project's compliance with the City's adopted Growth
Page 3, Item: -
Meeting Date: 03/02/04
Management threshold Standards.
. Fiscal Impact Analysis: The consultant will conduct a fiscal impact analysis that will
address the costs and revenues associated with the development of the project and its
relationship with the City of Chula Vista General Fund. The fiscal analysis will utilize a
fmancial "model" that will utilize the City's most current budget and fiscal costs and
revenues on an annual basis.
. Traffic Study: Linscott, Law and Greenspan is currently under contract to complete a
traffic study for the Project. Part of the traffic study will be utilized for analysis in the
PFFP. The traffic study is an important component of the PFFP.
. Preparation of PFFP and Public Hearings: The consultant will complete preparation of
the PFFP document and be in attendance at all public hearings.
A copy of the proposed agreement is attached hereto.
Burkett & Wong is currently under a three party contract with the City and Otay Ranch Company
to prepare PFFP's for Otay Ranch Villages two, three. Burkett & Wong's and their sub
consultants contract with the City on that project totals approximately $66,800.
FISCAL IMPACT:
The preparation of this PFFP will not result in an impact to the City's General Fund. The
applicant's, McMillin Otay Ranch, LLC and Otay Project, LP, will compensate the consultant at
the applicants' sole cost and expense. The total amount for the contract is $49,000 for Burkett &
Wong's consultant services. The total consultant compensation is divided between the applicant's,
McMillin Otay Ranch, LLC and Otay Project, LP at a ratio of 77 % and 23 %, respectively.
\ I ¡'Iil'.\ !'r II
[-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA; BURKETT & WONG ENGINEERS,
CONSULTANT; AND MCMILLIN OTAY RANCH, LLC AND
OTAY PROJECT LP; APPLICANTS FOR THE PREPARATION
OF A PUBLIC FACILITIES FINANCING PLAN FOR VILLAGE 7
IN THE OTAY RANCH GENERAL DEVELOPMENT PLAN, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
WHEREAS, McMillin Otay Ranch, LLC and Otay Project, LP, ("Applicant")
have submitted a Sectional Planning Area (SPA) Plan for Otay Ranch Village 7
("Property"); and,
WHEREAS, a Public Facilities Financing Plan is required for the Project; and,
WHEREAS, public notice of the required consulting services was given to the
consultants included on the City's list of prospective consultants for preparation of a
Public Facilities Financing Plan (PFFP)/Fiscal Impact Analysis (FIA), inviting
prospective consultants to submit proposals for preparation of the Village 7 SPA
PFFP/FIA; and,
WHEREAS, the City conducted a formal selective bidding process and selected
the consulting services of Burkett & Wong Engineers, who are qualified to prepare the
PFFP for the Otay Ranch Village 7 since they have prepared PFFP's for other Otay
Ranch SPA Plans immediately west of the proposed site and have the technical
expertise to do so; and,
WHEREAS, the selection committee, has recommended Burkett & Wong
Engineers as the Consultant, to perform the required services for the City; and,
WHEREAS, the Contract Administrator has negotiated the details of this
Agreement in accordance with procedures set forth in Sections 2.56.110 of the Chula
Vista Municipal Code; and,
WHEREAS, the Applicant will be responsible for all costs and expenses under
the agreement; and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that there is no possibility that the activity may have a significant effect on the
environment; therefore, pursuant to Section 15061(b)(3) of that State CEQA Guidelines,
the activity is not subject to CEQA. Thus, no environmental review is necessary.
e'
NOW, THERFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the agreement between the City of Chula Vista; Burkett &
Wong Engineers, Consultant and McMillin Otay Ranch, LLC and Otay Project, LP.,
Applicant; for the preparation of a Public Facility Financing Plan for the Otay Ranch
Village 7, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized and directed to execute said Agreement for and on behalf of the City of
Chula Vista.
Presented by Approved as to form by
Af!3n ~ ~~
James Sandoval
Director of Planning and Building City Attorney
9-~
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
¡Q...'.~
(J£ rSf/!l -
~ Ann Moore .
City Attorney
Dated: d- -.2. (p -" 0 t
Agreement between the City of Chula Vista
And Burkett & Wong Engineers, consultant and
McMillin Otay Ranch, LLC and Otay
Project LP for the preparation
Of a public facilities financing plan
For Village 7
Attachment #2
Four-Party Agreement
Between
City of Chula Vista,
Burkett & Wong Engineers, (Consultant), McMillin Otay Ranch, LLC and
Otay Project, L. P., (Applicant)
For Consulting Work to be Rendered
in Preparation of a Public Facilities Financing Plan (PFFP)
and Fiscal Impact Analysis for the Applicant's
Otay Ranch Village 7
Sectional Planning Area (SPA) Plan Project
1. Parties.
This Agreement is made as of the reference date set forth in "Exhibit A", attached hereto,
for the purposes of reference only, and effective as of the date last executed by the parties hereto,
between the City of Chula Vista ("City") herein, a municipal corporation of the State of
California, the consulting firm of Burkett and Wong Engineers designated on the attached Exhibit
A as "Consultant", whose business form and address is indicated on the attached Exhibit A, and
the persons collectively designated on the attached Exhibit A as Sectional Planning Area Applicant
"Applicant," McMillin Otay Ranch, LLC and Otay Project, LP., whose business forms and
addresses are indicated on the attached Exhibit A, and is made with reference to the following
facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is collectively the owner of approximately 279 acres of
land within the approximately 421-acre property covered by the Village 7 Sectional Planning Area
(SPA) Plan or has an option or other entitlements to develop said property. The Applicant
warrants that the property covered by the Village 7 SPA Application ("Property") commonly
known as, or generally located as described in Exhibit A, Paragraph 1, includes other real
property not within the Applicant's ownership.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described in Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work of the general
nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page I
f-7
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.
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 in the attached Exhibit A, Paragraph 4, entitled "General Nature of
Consulting Services," ("General Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the benefit of City all of the services
described in Exhibit A, Paragraph 5, entitled "Detailed Scope-of-Work," ("Detailed Services"),
and all services reasonable 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 7, and if none are set
forth, within a reasonable period of time for the diligent execution of Consultant's duties
hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations, at
its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation,
office space and facilities, calculations, and all other means whatsoever, except as herein otherwise
expressly specified to be furnished by the City or Applicant, necessary or proper to perform and
complete the work and provide the Services required of the Consultant.
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 2
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 fifteen (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 fifteen (15) days, or in accordance with the Bill Processing procedure in Exhibit C, if
checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for
payment, and shall not be liable for the compensation unless it receives same from Applicant.
Applicant shall not make any payments of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of City,
determines that additional services (" Additional Services") are needed from Consultant of the type
Consultant is qualified to render or reasonably related to the Services Consultant is otherwise
required to provide by this Agreement, the Consultant agrees to provide such additional services
on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a
separate fixed fee is otherwise agreed upon in writing for said Additional Work between the
parties.
3.2.1.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope of work herein provided, City will consult
with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to
arrange and pay for said Additional Services, the City may, at its option, suspend any further
processing of Applicant's Application until the Applicant shall deposit the City's estimate of the
costs of the additional work which the City determines is or may be required. Applicant shall pay
any and all additional costs for the additional work.
3.2.2. Reductions in Scope-of-Work. City may independently, or upon request
from Consultant, from time to time reduce the Services to be performed by the Consultant under
this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for
the purpose of negotiating a corresponding reduction in the compensation associated with said
reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the
amount of time and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated in Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated in
Exhibit C and as herein below set forth:
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 3
ç
3.3. 1. 1 Other Terms of De{)osit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
Agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one or more of its various bank
accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average
interest earned during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than thirty (30) days after the
termination of this Agreement and any claims resulting therefrom.
3.3.1.1. 4. Applicant shall be notified within thirty (30) days after
the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the
manner herein authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within thirty (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 sub consultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance 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:
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 4
f-/o
4.1.1. Statutory Worker's Compensation 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 project 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.
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, McMillin Otay Ranch, LLC and Otay Project, LP, demonstrating same and naming
McMillin Otay Ranch, LLC, Otay Project, LP, and the City of Chula Vista as additional insured.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course of the study or after its completion, except on
written concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such meetings with the Applicant to ensure
the adequacy of services performed by Consultant.
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 5
ç~
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 Applicant, 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, provided that the applicant is given forty-eight (48) hours notice prior to the City or
consultant entering the property, to take any borings, make any tests, conduct any surveys or
reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the
Applicant. Consultant shall promptly repair any damage to the subject property occasioned by
such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage,
expenses, claims, and liabilities in connection with or arising from any such entry and access.
5.3. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such meetings with the Applicant to ensure
the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals (" Administrators") indicated in Exhibit A, Paragraph
8, as said party I 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 in 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
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 6
p ~I J--
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
Agreement.
7.4. Promise Not to Acquire Conflictin~ Interests.
Regardless of whether Consultant is designated as a 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 of the
Project, or in any property within 10 radial miles from the exterior boundaries of the property
which is the subject matter of the Project, or ("Prohibited Interest").
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 7
P"Z::3
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 twelve (12) months thereafter.
Consultant agrees that Consultant shall not acquire any such Prohibited Interest within the
Term of this Agreement, or for twelve (12) months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party, which may be in conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This Agreement may be terminated by the City for default if the Consultant breaches this
Agreement or if the Consultant refuses or fails to pursue the work under this Agreement or any
phase of the work with such diligence which would assure its completion within a reasonable
period of time. Termination of this Agreement because of a default of the Consultant shall not
relieve the Consultant from liability of such default.
9. City's Right to Terminate Agreement for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this Agreement, the City shall
have the absolute right at any time to terminate this Agreement or any work to be performed
pursuant to this Agreement.
9.2. In the event of termination of this Agreement by the City in the absence of default
of the Consultant, the City shall pay the Consultant for the reasonable value of the services
actually performed by the Consultant up to the date of such termination, less the aggregate of all
sums previously paid to the Consultant for services performed after execution of this Agreement
and prior to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this Agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this Agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and
all other materials and documents prepared by the Consultant in performance of this Agreement,
and all such documents and materials shall be the property of the City; provided however, that the
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 8
f~/£/
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's
cost, of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures.
No suit shall be brought arising out of this Agreement, against the City, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth
herein.
11. Hold Harmless and Indemnification.
11. I. Consultant to Indemnify City and Applicant re Injuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees and Applicant from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees) arising out of the conduct of the
Consultant, or any agent or employees" subcontractors, or others of City or Applicant in
connection with the execution of the work covered by this Agreement, except only for those claims
arising from the sole negligence or sole willful misconduct of the City, its officers, or employees,
or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys'
fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending
against such claims, whether the same proceed to judgment or not. Further, Consultant at its own
expense shall, upon written request by the City or Applicant, defend any such suit or action
brought against the City, its officers, agents, or employees or Applicant. Consultants I
indemnification of City and Applicant shall not be limited by any prior or subsequent declaration
by the Consultant.
11.2. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials,
officers, employees, agents, or representatives of the City ("City 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.
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 9
ç
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 further notice or demand in the
same, similar or other circumstances.
13.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified,
waived or discharged except by an instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement; that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 10
ç ø,( (p
13.6. 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.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
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 defme
or limit the provisions hereof.
13 . 11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial
exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any
rights herein contained. The making or the acceptance of a payment by either party with
knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of
any such breach.
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 11
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any
rights or remedies which the parties might otherwise have unless this Agreement provides to the
contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this Agreement may have an affect
upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that
no performance hereunder may be enforced by any person not a party to this Agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third
party beneficiary of the promises of Consultant to provide services paid for by Applicant.
14. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under
this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City' shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part,
any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
(End of Page. Next Page is Signature Page.)
Otay Ranch Village 7 PFFP F our Party Agreement
03/02/04 Page 12
Signature Page
Four-Party Agreement
Between
City of Chula Vista,
Burkett & Wong Engineers, (Consultant), McMillin LLC, and
Otay Project, L P, (Applicant)
For Consulting Work to be Rendered
in Preparation of a Public Facilities Financing Plan (PFFP)
and Fiscal Impact Analysis for the Applicant I s
Otay Ranch Village 7
Sectional Planning Area (SPA) Plan Project
Page 1 of 3
NOW THEREFORE, the parties hereto, having read and understood the terms and conditions
of this agreement, do hereby express their consent to the terms hereofby 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: Burkett & Wong Engineers
atay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 13
¿f-/7
Signature Page
Four-Party Agreement
Between
City of Chula Vista,
Burkett & Wong Engineers, (Consultant), McMillin LLC, and
Otay Project, L P, (Applicant)
For Consulting Work to be Rendered
in Preparation of a Public Facilities Financing Plan (PFFP)
and Fiscal Impact Analysis for the Applicant's
Otay Ranch Village 7
Sectional Planning Area (SPA) Plan Project
Page 2 of 3
Dated: Applicant: McMillin Otay Ranch, LLC, a Delaware
limited liability company
By: McMillin Companies, LLC, a Delaware
limited liability company
Title: Manager
By:
Title:
By:
Title:
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 14
p - ~,,/
Signature Page
Four-Party Agreement
Between
City of Chula Vista,
Burkett & Wong Engineers, (Consultant), McMillin LLC, and
Otay Project, L P, (Applicant)
For Consulting Work to be Rendered
in Preparation of a Public Facilities Financing Plan (PFFP)
and Fiscal Impact Analysis for the Applicant I s
Otay Ranch Village 7
Sectional Planning Area (SPA) Plan Project
Page 3 of 3
Dated: 4eb . ~~ JíJlJ+- Applicant: Otay Project, LP, a California limited
partnership
By: Otay Project, LLC, a California limited liability
company
B'
Title: Vit! ¿
By:
Title:
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 15
Exhibit A
Reference Date of Agreement: Date Agreement signed by City of Chula Vista
Effective Date of Agreement: Date Agreement signed by City of Chula Vista
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Burkett and Wong Engineers Associates
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 3434 Fourth Avenue, San Diego California 92103
Applicant: McMillin Otay Ranch LLC, a Delaware limited liability company
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A Delaware Limited Liability Company
Address: 2727 Hoover Avenue, National City, CA 91950
Applicant: Otay Project, LP, a California Limited Partnership
Business Form of Applicant:
( ) Sole Proprietorship
(X) Partnership
( ) Corporation
Address: 610 West Ash Street, Suite 1500, San Diego, CA 92101
1. Property (Commonly known address or General Description):
The Application covers that property generally known as Otay Ranch Village 7, which is
located in the north-central portion of the Otay Valley Parcel of the Otay Ranch General
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 16
p ~')'3
Development Plan area. The proposed Village 7 SPA area is approximately 421 acres and is
bound by the proposed alignments of SR-125 on the east, Birch Road on the north, La Media Road
on the west, and Rock Mountain Road on the south.
2. Project Description ("Project"):
Preparation of a new Public Facilities Financing Plan (PFFP) including a Fiscal Impact
Analysis (FIA) for the 421-acre Village 7 as required by the City's Growth Management
Ordinance in conjunction with the processing of the requested Sectional Planning Area (SPA) Plan,
the City's General Plan and the Otay Ranch General Development Plan, and the formulation of a
new Sectional Planning Area (SPA) Plan for the Village 7.
3. Entitlements applied for:
a) New Sectional Planning Area (SPA) Plan and associated regulatory documents,
including, but not limited to the following: I) Village Design Plan; 2) Planned
Community District Regulations; 3) Air Quality Improvement Plan; 4) Water
Conservation Plan; 5) Energy Conservation Plan, 6) Affordable Housing Plan; and 7)
Public Facilities Financing Plan;
b) Second Tier Environmental Impact Report
c) Tentative Subdivision Map for portions of Village 7.
4. General Nature of Consulting Services ("Services--General"):
Prepare the Public Facilities Financing Plan (PFFP) and Fiscal Impact Analysis (FIA) for
the Village 7 SPA Plan to identify the amount, location, timing and financing mechanisms
necessary to build and deliver required public facilities and services to the Project, and to identify
the overall, net fiscal impact that the Project will have on the City in terms of revenues and
expenditures and to meet the City of Chula Vista Municipal Code Requirements.
The Village 7 PFFP shall address two unique challenges:
. Provision of access and utilities to a future high school in advance of private
development within the village; and
. Multiple owner development of the village over a wide range of time frames.
The Village 7 PFFP shall consist of an independent evaluation of the Project's compliance
with the City I S adopted Growth Management Threshold Standards at buildout of the Project, as
well as during its phasing, and provide an assessment of the probable short- and long-term impacts
on those standards, along with recommendations to mitigate the identified impacts, and the timing
for installation/delivery of necessary facilities and services.
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 17
The PIA component of the Village 7 Plan shall consist of an independent evaluation of the
Project's fiscal impacts on the operation and maintenance budgets of the City (General Fund). The
PIA will address the costs and revenues to the City as a result of providing infrastructure and
services to the Village 7 Project.
5. Detailed Scope of Work ("Detailed Services"):
The following tasks shall be performed by the consultant to the satisfaction of the Director
of Planning and Building:
Public Facilities Financing Plan (PFFP) -
Task A: Preliminary Research/Data Gathering
Gather and review all available data regarding the Village 7 project, including the existing
Otay Ranch General Development Plan, and related documents, and any conditions of approval;
the technical studies prepared for the Project; PFFP's for other eastern Chula Vista projects;
Master Facilities plans; related tentative maps and associated conditions of approval; related City
Resolutions; current environmental impact reports with all related back-up technical reports; and
any other environmental documentation including prior EIR's. Hold meetings with City staff, the
applicant or their consultants, and affected agencies as necessary to gather and review data.
Task B: Identify and Describe Facilities and Services Impact.
Following the review of the available data, identify in writing, (at first draft of the PFFP)
facilities and services that may be impacted by the Village 7 SPA pursuant to the adopted City
Growth Management Threshold Standards; provide in writing, (at first draft of the PFFP) a
preliminary cost estimate for the new and/or upgraded infrastructure and services required both
on-site and off-site to support the Village 7 SPA; and identify costs, (at first draft of the PFFP)
and financing methods for that infrastructure and services. The cost estimate for the new and/or
upgraded infrastructure and services analysis shall summarize the impact fees and any fee credits
as applicable, and shall coordinate with and incorporate any other relevant fiscal impact data,
evaluations or recommendations arising from the Fiscal Impact Analysis (PIA).
The analysis described above shall consider both the amount of development within the
Village 7 SPA, as well as that within other projects in eastern Chula Vista, which are forecast to
develop within the same time frame as the Village 7 SPA, and shall analyze conditions during the
phasing of the Village 7 SPA and at buildout of the Project.
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 18
~)~
Task C: Independent Evaluation and Recommendations to Mitigate Impacts.
Conduct an independent evaluation of the Village 7 project's compliance with the adopted
City Threshold Standards and provide in writing, (at fIrst draft of the PFFP) an assessment of the
probable short-and long-term impacts as well as recommendations to mitigate impacts and maintain
compliance with the City's Growth Management Threshold Standards.
Task D: Attendance at meetings and other coordination
The Consultant (and any of their subcontractors) shall attend one public forum, and up to
two Planning Commission hearings and two City Council hearings. These are in addition to
meetings with City staff, coordination with EIR consultant, or others as the Planning Department
deems necessary to complete the work. Attendance at said meetings or other methods of
coordination is required of the Consultant on an as needed basis as determined by the City, given
sufficient lead-time (minimum 5 days) for the Consultant to schedule such coordination. It is
further anticipated that informal coordination will take place between the Consultant and the EIR
consultant at various times throughout the process.
Task E: Preparation of Draft and Final PFFP Documents
Prepare a Preliminary Draft, Draft and Final Public Facilities Financing Plan (PFFP) for
the Village 7 project, including but not limited to the statistical tables, exhibits, text, public
facilities and services phasing, methods of-fmancing public facilities and services, and other
pertinent items to ensure that the Village 7 project would have the necessary infrastructure and
services prior to or concurrent with need.
The Consultant shall deliver the requisite number of copies, which will include
incorporation of staff comments, of the Preliminary Draft, Draft and Final PFFP documents as set
forth in Paragraph 6.
Fiscal Impact Analysis (FIA) -
Task F: Preliminary Research
Gather and review all available and relevant data regarding the Village 7 SPA's impact
upon the operation and maintenance budgets of the City and its General Fund, and considering the
current information associated with the City's Fiscal Year 2003 -2004 budget. Gather and review
information from the Applicant regarding the land uses, residential product types, and phasing and
buildout schedules for the SPA. This shall include as many meetings with City staff and
administrators, and the applicant or their consultants as are necessary to gather and review the
data.
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 19
Task G: Identify and Describe Fiscal Impacts
Conduct an analysis utilizing CIC Research, mc.'s fiscal impact model and methodology
recently developed in conjunction with analyses for recent Otay Ranch projects. Update the noted
model with Fiscal-Year 2002 data and customize it as necessary to fit the characteristics of the
Village 7. Analyze and address the fiscal impacts that the Village 7 SPA will have upon the City's
operation and maintenance budgets considering the costs and revenues to the City in providing
infrastructure and services to, and as a result of, the Village 7 SPA. Contact City Department
heads and staff as necessary to help identify any unique conditions or problems with providing
infrastructure and services to the Project, including those that may be associated with annexation.
The analyses shall be presented (at first draft of the PFFP) in both written and tabular
format, and shall present City revenues and expenditures annually based upon the Project's
development absorption schedule, and the according fiscal surpluses and deficits.
Task H: Incorporation of FIA into Draft PFFP document
Prepare a Draft Fiscal Impact Analysis Report for incorporation into the PFFP document
for review by City staff and any affected agency in the requisite number of copies and per the
schedule presented in Paragraph 6. Prepare a Final Fiscal Impact Analysis to be incorporated into
the PFFP.
Task I: Revise Drafts as City Determines Necessary
The consultant shall prepare revisions to the satisfaction of City Staff to PFFP document
based upon comments received from City Staff, Planning Commission and City Council and any
other comments from outside agencies or individuals. Said revisions shall be incorporated into the
appropriate draft or final document as outlined in paragraph 6 below under "Dates or Time Limits
for Delivery of Deliverables".
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:
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 20
p.~~
Deliverable No.1: Delivery of the First Draft PFFP (including the Fiscal Impact
Analysis Report) for staff review and distribution in the form of
twenty-five (25) copies.
Due date: April 5, 2004 or 4 weeks after City's notice to proceed,
whichever is later.
Deliverable No.2 Delivery of the revised Second Draft PFFP (including the Fiscal
Impact Analysis Report) containing all staff comments on the First
Draft PFFP in the form of twenty-five (25) copies.
Due date: May 7, 2004, or three weeks after the consultant receives
comments back from the City's review of first draft, whichever is
later.
Deliverable No.3: Delivery of the Final PFFP (including the Fiscal Impact Analysis
Report) for public hearings in the form of twenty-five (25) copies
and a computer diskette file formatted for Microsoft Word and one
(1) photo ready master hard copy.
Due date: June 1, 2004, or I week after City delivers pre-press
(screencheck) comments to the Consultant, whichever is later.
Dates for completion of all Consultant services: 4 months from the effective date of
agreement or as extended by the Director of Planning and Building in the Director's sole
discretion.
7. Documents to be provided by Applicant to Consultant:
(1) project description; (1) technical studies including water, wastewater, drainage, traffic; (1) site
plans/draft SPA document; (1) phasing plan; (1) grading plans; (1) design plan, etc.
8. Contract Administrators:
City: James B. Hare, AICP
Special Planning Projects Manager
City of Chula Vista Planning and Building Department
276 Fourth A venue
Chula Vista, CA 91910
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 21
Applicant: David Gatzke, Vice-President
McMillin Otay Ranch, LLC
2727 Hoover A venue
National City, CA 91950
Applicant: Ranie L. Hunter, Vice President
Otay Project, L. P.
350 West Ash Street, Suite 730
San Diego, CA 92101
Consultant: Anthony G. Ambrose, AICP
Burkett & Wong Engineers
3434 Fourth A venue
San Diego, CA 92103
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict oflnterest
Code:
(X) Not Applicable. Not an FPPC Filer.
() Category No.
1. Investments and sources of inèome.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the
department.
() Category No.4. Investments in business entities and sources of income,
which engage in land development, construction or the
acquisition or sale of real property.
() Category No.5. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
the City of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or equipment.
() Category No.6. Investments in business entities and sources of income of the
type which, within the past two years, have contracted with
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 22
*,
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
( ) 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).
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 23
ç~~
Exhibit B
Compensation Schedule and Deposit: Terms and Conditions
( X ) Single Fixed Fee Arrangement
For performance of all general and detailed services of Consultant prescribed in Exhibit "A",
paragraphs 4 and 5, Applicant shall pay a single fixed fee, all of which is to be deposited upon
execution of this agreement. The City shall pay Consultant in increments and at the times or
milestones set forth below:
( X ) Single Fixed Fee Amount: $49,000.00
Milestone AmountJPercentage of
Fixed Fee to be Paid
1. Signing of this agreement by all parties and
upon request by the Consultant $12,250/25%
2. Deliverable #1 First Draft PFFP
(including the Fiscal Impact Analysis Report) $17,150/35%
3. Deliverable #2 Second Draft PFFP
(including the Fiscal Impact Analysis Report) $7,350/15%
4. Deliverable #3 Final PFFP
(including the Fiscal Impact Analysis Report) $7,350/ 15%
5. 10% retention amount $4,900 / 10%
Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
( ) Type:
( ) Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Even,
listed below, has occurred:
(X) Retention Percentage: 10%
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 24
efØ".~ /
() Retention Amount
Retention Release Event:
(X) Completion of All Consultant Services to the satisfaction of the
Director of Planning and Building.
( ) Other:
( ) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General
and Detailed Services herein required of Consultant for $49,000.00 including all Materials, and other
"reimburseables" ("Maximum Compensation").
Rate Schedule
Category of Employee
of Consultant Hourly Rate
Burkett and Wong Engineers:
Principal $125
Principal Associate $ 95
Engineer $ 95
Assistant Planner $ 65
Technician $ 60
Clerical $ 45
Linscott, Law & Greenspan:
Principal $170
Transportation Engineer II $ 120
Transportation Planner $ 85
CIC Research:
Project Manager $100
Project Analyst $ 70
Clerical $ 45
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 25
;;-,
(X) Permitted Subconsultants:
CIC Research, Inc.
8361 Vickers Street
San Diego, CA 92111
(858) 637-4000
Linscott, Law and Greenspan
1565 Hotel Circle South, Suite 310
San Diego CA 92108
(619) 299-3090
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 26
¡: ~:33
**************
Deposit
(X) Deposit Amount: At execution of agreement - $49,000.00. The deposit will be
allocated between the applicants in the following manner, McMillin Otay Ranch, LLC 77 %
($37,730) and Otay Project, LP 23 % ($11 ,270). Any additional deposits will utilize the above
percentage allocation.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this
paragraph is "checked", upon City's receipt of billing by Consultant, and determination by
City in good faith that Consultant's billing is proper, a judgment for which Applicant
agrees to hold City harmless and waive any claim against City, City shall pay Consultant's
billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing
to City in advance of payment, City shall consider Applicant's protest and any evidence
submitted prior to the due date for the payment of said bill by Applicant in making its good
faith determination of propriety.
( X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Upon completion of each milestone
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: On the 10th day of each month following completion of each
milestone
C. City's Account Number:
Otay Ranch Village 7 PFFP Four Party Agreement
03/02/04 Page 27
ç'-j
COUNCIL AGENDA STATEMENT
ItemNO.:~
Meeting Date: 03/ 2/04
ITEM TITLE: Resolution of the City Council of the City of Chula Vista, approving an
agreement between the City of Chula Vista; RBF Consulting, Consultant;
and McMillin Otay Ranch, LLC and Otay Ranch, LP., Applicant; related
to a Sectional Planning Area (SPA) Plan and Tentative Maps for Otay
Ranch Village 7, and authorizing the Mayor to execute said agreement.
SUBMITTED BY: Director of Planning and Build~
REVIEWED BY: City Manager~~¡-/ (4/Sths Vote: Yes_No~)
McMillin Otay Ranch, LLC, and Otay Project LP (collectively named "Applicant") have filed a
Sectional Planning Area Plan (SPA) and Tentative Maps applications for Village 7 including a
site for the Sweetwater Union High School #13. The item before the City Council is a request
for the City Council to approve the proposed contract with RBF Consulting based upon a time
and materails ~stimate to provide extension-of-staff professional planning services for
processing, review, and coordination of the Otay Ranch Village 7 SPA Plan and Tentative Maps
for the proposed project.
ENVIRONMENTAL REVIEW:
The Environmental Review Coordinator has reviewed the proposed activity for compliance with the
Califol11ia Environn1ental 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 that State CEQA Guidelines, the activity is not subject to CEQA. Thus, no
environmental review is necessary.
RECOMMENDATION:
That the City adopt a Resolution approving a four-party agreement between the City of Chula Vista;
RBF Consulting, Consultant; and McMillin Otay Ranch, LLC, Applicant, and Otay Project, LP,
Applicant, for extension of staff services related to the processing, review, and Coordination of a
Sectional Planning Area (SPA) Plan and Tentative Maps for Otay Ranch Village 7, and authorizing
the Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/ A
DISCUSSION:
Page 2, Item No.: q
Meeting Date: 03/02/04
Background
On July 15, 2003, Item #15 (Resolution 2003-303) the City Council directed staff by resolution
to: 1) expedite the processing of Otay Ranch General Development Plan Village 7 Sectional
Planning Area (SPA) entitlements in support of the acquisition and development of High School
#13 by the Sweetwater Union High School District; and 2) authorize the Purchasing Agent to
issue a purchase order not to exceed $50,000 for the planning consultant to assist staff on the
processing and review of the Village 7 SPA plan prior to staff returning to Council to formalize
the Agreement with the consultant for work on a second phase of the project.
The Applicant has submitted an application for the processing of the Village 7 SPA including a
site for high school #13. Planning and Building Department staff does not have the available time
or expertise to process the needed entitlements. Therefore, the Applicants must enter into a four-
party agreement for the processing and review of the SPA plan and tentative maps.
Consultant Services Selection Process
The Director of Planning issued a request for Statement of Qualifications (SOQ) for extension of
staff services for the Village 7 SPA and Tentative Maps that includes a site for high school #13.
A Selection Committee was established pursuant to Section 2.56.110 of the Municipal Code to
review the SOQs' and conduct interviews of the most qualified fIrms based on established
evaluation criteria. The Selection Committee reviewed and ranked the SOQs based on company
experience, quality of management team, capacity to perform the work, project understanding, SOQ
quality and clarity, local experience, and billing rates. Pursuant to the approach outlined in
Resolution 2003-303, staff entered into an agreement with RBF for the fIrst phase of work on a
time and materials basis for an amount not to exceed $50,000. During the first phase of work,
RBF has performed per expectations. Thus, pursuant to the further authorization in Resolution
2003-303, staff has negotiated a second phase contract for City Council review. Staff
recommends approval of the attached contract.
RBF Consulting is uniquely qualified to serve as extension of staff for this contract based on
their familiarity with the project and project site, demonstrated ability to perform while working
as a Consultant to the City on this and other projects, and their familiarity with City and project
requirements. RBF Consulting is experienced in processing SPA plans and Tentative maps. RBF
Consulting is experienced and staffed in a manner such that they can provide and deliver the
required services to the City of Chula Vista within the necessary timeframes.
RBF has been contracted by the City for several Planning and Building Department projects.
The following table documents current fiscal year projects and amounts billed to date:
Page 3, Item No.:í
Meeting Date: 03/02/04
Contracts During FY 03-04 Contract Period Paid to Date
OR Freeway Commercial 2001-2003 $79,153
OR Village 6 Mitigation Monitoring 2002- Present $6,756
OR Village 7 SPA (Purchase Order) 20O3-Present $12,559
General Plan Update 20O3-Present $109,602
Scope of Work
RBF Consulting will function as extension of staff to the City of Chula Vista under a four-
party agreement with the Applicants and under the supervision of the City's Planning Director.
The responsibilities of RBF Consulting will include the following:
. Review of the available project information;
. Assist in processing and review of a Sectional Plan Area (SPA) Plan for Village 7;
. Assist in the processing and review of Tentative Maps for Village 7;
. Assist in the coordination of different aspects of the overall entitlement process;
. Attend team meetings and public hearings.
Contract Payment
The contract for extension of staff services is on a time and material basis according to the
Consultants rate sheet, to an amount not to exceed $100,000 on this contract ($150,000 in aggregate
with the existing first phase purchase order). The project applicants will pay all consultant costs,
as well as reimburse any City staff time associated with preparation of the Village 7 SPA Plan
and Tentative Maps through a separate deposit account.
The City Attorney's Office has reviewed and approved the form of the contract.
FISCAL IMPACT:
There is no impact to the General Fund with this action. McMillin Otay Ranch, LLC, and Otay
Project LP will fund the consultant contract.
C:\Documents and Settingsljimh\My Documents\CD TransferWillage 7\Word\RFPs\vy RBF staffreportO30204F.doc
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA; RBF CONSULTING, CONSULTANT;
AND MCMILLIN OTAY RANCH, LLC AND OTAY RANCH, LP.,
APPLICANT; RELATED TO A SECTIONAL PLANNING AREA
(SPA) PLAN AND TENTATIVE MAPS FOR OTAY RANCH
VILLAGE 7, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT.
WHEREAS, McMillin Otay Ranch, LLC and Otay Project, LP., ("Applicant")
have submitted a Sectional Planning Area (SPA) Plan for Otay Ranch Village 7
("Property"); and,
WHEREAS, a Sectional Planning Area (SPA) Plan and Tentative Maps are
required for the Project; and,
WHEREAS, public notice of the required consulting services was given to the
consultants included on the City's list of prospective consultants, inviting prospective
consultants to submit proposals for extension-of-staff professional planning services for
Village 7 SPA; and,
WHEREAS, the City conducted a formal selective bidding process pursuant to
authorization provided by City Council Resolution 2003-303, adopted July 15,2003, and
selected the consulting services of RBF Consulting, who are qualified to perform
extension-of-staff professional planning services for the Otay Ranch Village 7 since they
have performed such services for other Otay Ranch SPA Plans immediately east of the
proposed site and have the technical expertise to do so; and,
WHEREAS, the selection committee has recommended RBF Consulting as the
Consultant, to perform the required services for the City; and,
WHEREAS, the Contract Administrator has negotiated the details of this
Agreement in accordance with procedures set forth in Sections 2.56.110 of the Chula
Vista Municipal Code; and,
WHEREAS, the Applicant will be responsible for all costs and expenses under
the agreement; and,
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that there is no possibility that the activity may have a significant effect on the
environment; therefore, pursuant to Section 15061(b)(3) of that State CEQA Guidelines, the
activity is not subject to CEQA. Thus, no environmental review is necessary.
NOW, THERFORE, BE IT RESOVLED the City Council of the City of Chula
Vista does hereby approve the agreement between the City ofChula Vista; RBF Consulting,
Consultant and McMillin Otay Ranch, LLC and Otay Project, LP., Applicant; for
extension-of-staff professional planning services for the Otay Ranch Village 7, a copy of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized and directed to execute said Agreement for and on behalf of the City of
Chula Vista.
Presented by Approved as to form by
~:f/Y1' ~
James D. Sandoval Moore
Director of Planning and Building City Attorney
1~
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORM ALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
ðk~-'~~ ~~
. Ann Moore
City Attorney
Dated: ~ - d- (ç -0 i
Agreement between the City of Chula Vista
RBF Consulting, and McMillian Otay Ranch, LLC
And Otay Ranch LP related to a Sectional Planning Area Plan
And Tentative Maps for Otay Ranch Village 7
='"
. >
Attachment #2
Four-Party Agreement
Between
City of Chula Vista,
RBF Consulting, (Consultant), McMillin Otay Ranch, LLC and
Otay Project, L. P., (Applicant)
For Extension-of-StaffProfessional Planning Services to be Rendered
for the Applicant's
Otay Ranch Village 7
Sectional Planning Area (SPA) Plan Project
1. Parties.
This Agreement is made as ofthe reference date set forth in "Exhibit A", attached hereto,
for the purposes of reference only, and effective as of the date last executed by the parties hereto,
between the City of Chula Vista ("City") herein, a municipal corporation of the State of
California, the consulting firm of RBF Consulting designated on the attached Exhibit A as
"Consultant", whose business form and address is indicated on the attached Exhibit A, and the
persons collectively designated on the attached Exhibit A as Sectional Planning Area Applicant.
"Applicant," McMillin Otay Ranch, LLC and Otay Project, LP., whose business forms and
addresses are indicated on the attached Exhibit A, and is made with reference to the following
facts:
2. Rt;vitdb, VI arranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is collectively the owner of approximately 279 acres of
land within the approximately 421-acre property covered by the Village 7 Sectional Planning
Area (SPA) Plan or has an option or other entitlements to develop said property. The Applicant
warrants that the property covered by the Village 7 SPA Application ("Property") commonly
known as, or generally located as described in Exhibit A, Paragraph I, includes other real
property not within the Applicant's ownership.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval
of the plan, map, zone, or other permits ("Entitlements") described in Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work of the 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.
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 1
O'
'.
2.5. This Agreement proposes an arrangement by which Applicant shall retain, and be
liable for the costs of retaining, Consultant, who shall perform the services required of
Consultant by this Agreement solely to, and, under the direction of, the City.
2.6. Additional facts and circumstances regarding the background for this Agreement are
set forth on "Exhibit B".
3. 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 in the attached Exhibit A, Paragraph 4, entitled "General Nature of
Consulting Services," ("General Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the benefit of City all of the services
described in Exhibit A, Paragraph 5, entitled "Detailed Scope-of-Work," ("Detailed Services"),
and all services reasonable 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 7, and if none are
set forth, within a reasonable period of time for the diligent execution of Consultant's duties
hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and
for the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions and in similar locations,
at its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, t~chnical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation,
office space and facilities, calculations, and all other means whatsoever, except as herein
otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to
perform and complete the work and provide the Services required of the Consultant.
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
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 2
fl-f
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
fifteen (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 fifteen (15) days, or in accordance with the Bill Processing
procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in
the capacity as a conduit for payment, and shall not be liable for the compensation unless it
receives same from Applicant. Applicant shall not make any payments of compensation or
otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of City,
determines that additional services ("Additional Services") are needed from Consultant of the
type Consultant is qualified to render or reasonably related to the Services Consultant is
otherwise required to provide by this Agreement, the Consultant agrees to provide such
additional services on a time and materials basis paid for by Applicant at the rates set forth in
Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional
Work between the parties.
3.2.1.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope of work herein provided, City will consult
with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to
arrange and pay for said Additional Services, the City may, at its option, suspend any further
processing of Applicant's Application until the Applicant shall deposit the City's estimate of the
costs of the additional work which the City ~~etermines is or may be required. Applicant shall
pay any and all additional costs for the additional work.
3.2.2. Reductions in Scope-of-Work. City may independently, or upon request
from Consultant, from time to time reduce the Services to be performed by the Consultant under
this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for
the purpose of negotiating a corresponding reduction in the compensation associated with said
reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the
amount of time and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant,
Applicant shall, upon execution of this Agreement, deposit the amount indicated in Exhibit C as
"Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as
indicated in Exhibit C and as herein below set forth:
3.3.1.1 Other Terms of Deposit Trust.
atay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 3
\
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
Agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one or more of its various bank
accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average
interest earned during the period on its general fund.
3.3 .1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than thirty (30) days after the
termination ofthis Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within thirty (30) days after
the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the
manner herein authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within thirty (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 coverage in the amount set
forth in the attached Exhibit A, Paragraph 10.
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 4
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 project 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.
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, McMillin Otay Ranch, LLC and Otay Project, LP, demonstrating same and naming
McMillin Otay Ranch, LLC, Otay Project, LP, and the City of Chula Vista as additional insured.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the
City and the Applicant. The Consultant shall not publish or release news items, articles or
present lectures on the Project, either during the course of the study or after its completion,
except on written concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such meetings with the Applicant to ensure
the adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 5
.
The Applicant shall provide to the Consultant, through the City, for the use by the
Consultant and City, such documents, òr copies of such documents requested by Applicant,
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, provided that the applicant is given forty-eight (48) hours notice prior to the City or
consultant entering the property, to take any borings, make any tests, conduct any surveys or
reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the
Applicant. Consultant shall promptly repair any damage to the subject property occasioned by
such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage,
expenses, claims, and liabilities in connection with or arising from any such entry and access.
5.3. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such meetings with the Applicant to ensure
the adequacy of services performed by Consultant.
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 ofthis Agreement.
7. Conflicts of Interest.
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated in Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 6
.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
Agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as a 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 of the
Project, or in any property within 10 radial miles from the exterior boundaries of the property
which is the subject matter ofthe 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
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 7
of this Agreement. Consultant promises to advise City of any such promise that may be made
during the Term of this Agreement, or for twelve (12) months thereafter.
Consultant agrees that Consultant shall not acquire any such Prohibited Interest within
the Term ofthis Agreement, or for twelve (12) months after the expiration of this Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party, which may be in conflict with Consultant's responsibilities under this Agreement.
8. Default ofthe Consultant for Breach.
This Agreement may be terminated by the City for default if the Consultant breaches this
Agreement or if the Consultant refuses or fails to pursue the work under this Agreement or any
phase of the work with such diligence which would assure its completion within a reasonable
period of time. Termination of this Agreement because of a default of the Consultant shall not
relieve the Consultant ITom liability of such default.
9. City's Right to Terminate Agreement for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this Agreement, the City shall
have the absolute right at any time to terminate this Agreement or any work to be performed
pursuant to this Agreement.
9.2. In the event of termination of this Agreement by the City in the absence of default
of the Consultant, the City shall pay the Consultant for the reasonable value of the services
actually performed by the Consultant up to the date of such termination, less the aggregate of all
sums previously paid to the Consultant for services performed after execution of this Agreement
and prior to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this Agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this Agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and
all other materials and documents prepared by the Consultant in performance of this Agreement,
and all such documents and materials shall be the property of the City; provided however, that
the Consultant may retain copies for their own use and the City shall provide a copy, at
Applicant's cost, of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party AgÍ-eement
03/02/04 Page 8
10. Administrative Claims Requirement and Procedures.
No suit shall be brought arising out of this Agreement, against the City, unless a claim
has first been presented in writing and filed with the City of Chula Vista and acted upon by the
City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula
Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully
set forth herein.
11. Hold Harmless and Indemnification.
11.1. Consultant to Indemnify City and Applicant re Injuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees and Applicant from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct
of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in
connection with the execution of the work covered by this Agreement, except only for those
claims arising from the so Ie negligence or sole willful misconduct of the City, its officers, or
employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant
in defending against such claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the City or Applicant, defend any
such suit or action brought against the City, its officers, agents, or employees or Applicant.
Consultants' indemnification of City and Applicant shall not be limited by any prior or
subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any
and all claims, losses, damages, expenses or expenditures of City, including its elected officials,
officers, employees, agents, or representatives of the City ("City 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.
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.
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 9
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall
have authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. Notices.
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to
be given shall in itself create the right in the parties to any other or further notice or demand in
the same, similar or other circumstances.
13.4. Entire Agreement.
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
13.5. Capacity of Parties.
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement; that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governing LawNenue.
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.
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 10
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless
the same shall be in writing and signed by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one
instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to
be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith
and 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.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial
exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of
any rights herein contained. The making or the acceptance of a payment by either-party with
knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of
any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any
rights or remedies which the parties might otherwise have unless this Agreement provides to the
contrary.
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page II
. .
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 perfonnance 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.
14. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and
any other materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United
States or in any other country without the express written consent of City. City shall have
unrestricted authority to publish, disclose (except as may be limited by the provisions of the
Public Records Act), distpbute, and otherwise use, copyright or patent, in whole or in part, any
such reports, studies, data, statistics, forms or other materials or properties produced under this
Agreement.
(End of Page. Next Page is Signature Page.)
atay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 12
9
Signature Page
Four-Party Agreement
Between
City ofChula Vista,
RBF Consulting, (Consultant), McMillin LLC, and
Otay Project, L P, (Applicant)
For Extension-of-StaffProfessional Planning Services to be Rendered
for the Applicant's
Otay Ranch Village 7
Sectional Planning Area (SPA) Plan Project
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 ofChula Vista
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
Ann Moore, City Attorney
Dated: Consultant: RBF Consulting
By: ~. ß.L~
Richard A. ubin, Vice-President
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 13
-,
Signature Page
Four-Party Agreement
Between
r< r> F~H!M.s:CityofChula Vista,
~Da"Tid vms and A~~ol'iates, æ€., Consultant, and
McMillin Otay Ranch, LLC, Applicant
Otay Project, LP, Applicant
For Extension-of-StaffProfessional Planning Services to be Rendered
for the Applicant's
Otay Ranch Village 7
Sectional Planning Area (SPA) Plan Project
(Page 2 of 3)
Dated: Applicant: McMillin Otay Ranch, LLC, a Delaware
limited liability company
By: McMillin Companies, LLC, a Delaware
limited liability company
Title: Manager
By: ~ ~~
1
Title: ~~
BY:~
Title: ~.p.
atay Ranch Village 7
Extension of StatIProfessional Planning Services Four Party Agreement
03/02/04 Page 14
"
Signature Page
Four-Party Agreement
Between
¡~ Gr CdrV v..1-h'11 City of Chula Vista,
~.Ða.~lid Evaa~:.md  g:!:geiates, me., Consultant, and
McMillin Otay Ranch, LLC, Applicant
Otay Project, LP, Applicant
For Extension-of-StaffProfessional Planning Services to be Rendered
for the Applicant's
Otay Ranch Village 7
Sectional Planning Area (SPA) PIan Project
(Page 3 of 3)
Dated: --1{if - :;¿ C:)1Z)?) 1- Applicant: Otay Project, LP, a California limited
v-' {/ '~, (..-
partnership
By: Otay Project, LLC, a California limited liability
company
k;t1a"zœ .~ 1;-k -
By:, ~v ,/. I /\./ < ¿- ~
V¡(~¿ /) .
Title: fit £~ "(1 C It)
By:
Title:
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 15
'.
Exhibit A
Reference Date of Agreement: Date Agreement signed by City of Chula Vista
Effective Date of Agreement: Date Agreement signed by City ofChula Vista
City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: RBF Consulting
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 9755 Clairemont MesaBlvd., Ste. #100, San Diego California 92124
Applicant: McMillin Otay Ranch LLC, a Delaware limited liability company
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A Delaware Limited Liability Company
Address: 2727 Hoover Avenue, National City, CA 91950
Applicant: Otay Project, LP, a California Limited Partnership
Business Form of Applicant:
( ) Sole Proprietorship
(X) Partnership
( ) Corporation
Address: 610 West Ash Street, Suite 1500, San Diego, CA 92101
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 16
".
1. Property (Commonly known address or General Description):
The Application covers that property generally known as Otay Ranch Village 7, which is
located in the north-central portion of the Otay Valley Parcel of the Otay Ranch General
Development Plan area. The proposed Village 7 SPA area is approximately 421 acres and is
bound by the proposed alignments of SR-125 on the east, Birch Road on the north, La Media
Road on the west, and Rock Mountain Road on the south.
2. Project Description ("Project"):
Review and processing of applications by McMillin Otay Ranch, LLC, and Otay Project
LP (collectively named "Applicant") for a Sectional Planning Area Plan (SPA) and one
or more Tentative Map applications for Otay Ranch Village 7, and other related
discretionary entitlements as may be identified during the course of such processing.
3. Entitlements applied for:
a) Sectional Planning Area (SPA) Plan and associated regulatory documents, including,
but not limited to the following: 1) Village Design Plan; 2) Planned Community
District Regulations; 3) Air Quality Improvement PIan; 4) Water Conservation Plan;
5) Energy Conservation Plan, 6) Affordable Housing Plan; and 7) Public Facilities
Financing Plan;
b) Second Tier Environmental Impact Report
c) Tentative Subdivision Maps for Village 7.
4. General Nature of Consulting Services ("Services--General"):
RBF Consulting will function as extension of staff t<;> the City of Chula Vista under a four-party
agreement with the Applicants and under the supervision of the City's Planning Director. The
responsibilities ofRBF Consulting will include the following:
. Review ofthe available project information;
. Assist in the processing and review of a Sectional Plan Area (SPA) Plan for Village 7;
. Assist in the processing and review of Tentative Maps for Village 7;
. Assist in the coordination of different aspects of the overall entitlement process;
. Attend team meetings and public hearings.
5. Detailed Scope of Work ("Detailed Services"):
Consultant will provide planning services for the review and hearing of a Sectional Planning
Area (SPA) for the Village 7 of the Otay Ranch General Development Plan, all to the satisfaction
of the Director of Planning and Building. Scope of work includes, but is not limited to:
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 17
"
A. Review and provide written èomments on the Project Description of SPA Plan for
consistency with the Otay Ranch General Development PIan (GDP) and any other documents as
determined by City.
B. Review and comment in writing on SPA Plan and related documents including but not
limited to:
I. Planning Area Design Plan
2. Public Facilities Finance Plan
3. SPA Master Plans required by GDP to include:
i. Air Quality,
ii. Animal Control,
iii. Drainage,
iv. Fire,
v. Law Enforcement,
vi. Library,
vii. Parks,
viii. Schools,
ix. Sewer,
x. Transportation,
xi. Water,
xii. Reclaimed Water,
xiii. Water Conservation,
xiv. Child Care,
xv. Integrated Solid Waste Management
4. Regional Facilities Report
5. Non-Renewable Energy Conservation Plan
C. Review and comment on SPA Plan Site Utilization PIan for Village 7.
D. Review and comment on any or all or one Tentative Subdivision Map(s) for Village 7
as determined by City.
E. Review and comment on Environmental Impact Report (screen check( s), drafts and
final) on Village 7.
F. Prepare draft Planning Commission and City Council Agenda Statements, Resolutions
with Conditions of Approval. .
G. Attend all regularly scheduled meetings with the project applicant and/or City staff.
H. Attend all Community Forums on the SPA Plan. Attend all Planning Commission and
City Council public hearings on the SPA PIan.
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 18
9
'.
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Under direction of City and will function as an extension of City staff.
Dates for completion of all Consultant services: Completion of the scope of work tasks
detailed in SA - 51 above shall be accomplished within the time frames as determined by City
and all work tasks shall be diligently undertaken to assure expeditious completion in light of the
purposes of this agreement. Notwithstanding the foregoing, all Consultant services shall be
completed no later than December 31, 2004, unless extended in the sole discretion of the
Director of Planning & Building.
7. Documents to be provided by Applicant to Consultant:
( ) site plans () grading plans ( ) architectural elevations ( ) project description.
(X) other:
SPA Plan, Design Plan, Tentative Map
8. Contract Administrators:
City: James B. Hare, AICP
Special Planning Projects Manager
City of Chula Vista Planning and Building Department
276 Fourth Avenue
Chula Vista, CA 91910
Applicant: David Gatzke, Vice-President
McMillin Otay Ranch, LLC
2727 Hoover Avenue
National City, CA 91950
Applicant: Ranie L. Hunter, Vice President
Otay Project, LP.
610 West Ash Street, Suite 1500
San Diego, CA 92101
Consultant: Steve Wragg
RBF Consulting
9755 Clairemont mesa Blvd. #100
San Diego, CA 92124
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 19
-.
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in real property
and sources of income subject to the regulatory, permit or
licensing authority of the department.
( ) Category No.4. Investments in business entities and
sources of income, which engage in land development,
construction or the acquisition or sale of real property.
( ) Category No.5. Investments in business entities and
sources of income of the type which, within the past two
years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No.6. Investments in business entities and
sources bf 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
( ) 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).
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 20
-,,-
".
Exhibit B
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein
required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set
forth below:
( ) Single Fixed Fee Amount: $
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed
Fee Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones set forth herein below ("Phase Fixed Fee
Arrangement"). Consultant shall not commence Services under any Phase, and shall not be
entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed
to Consultant as to said Phase.
( X) 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 herein below according to
the following terms and conditions:
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the General and Detailed Services herein required of Consultant for $100,000 including
all Materials, and other "reimburseables" ("Maximum Compensation").
( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
("Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved by
atay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 21
9-..2,
I
.
-,
the City Council. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
OFFICE PERSONNEL
Principal.................................... ................ .............................. ..$145 .00
Project Director...........................................................................145.00
Project Manager................................ ........ ................................ ..120.00
Senior Planner/Engineer ............................... ..................... .........115 .00
Landscape Architect ..................................:................................110.00
Project Planner......................................:.............. ............ "'" ......105.00
Environmental Specialist ............................................................1 00.00
Designer/Planner ..................................... ....... ........................... ...84.00
GIS Analyst """""""""""""""'" ............................................... ..80.00
Graphic Artist...................................................................... .........74.00
Environmental Analyst/StaffPJanner ......"........... ........................73.00
Design Technician........................................................................ 70.00
Assistant Engineer/Planner. ...................................................... ....66.00
Engineering AidIPlanning Aid.............................. 54.00
OTHER SERVICES AND FEES
Permit Processor....................................................... .... """""'" .$85 .00
ClericallW ord Processing........................,............... """"" ........ ..045 .00
Consultation Relative to Legal Actions......................................270.00
Vehicle Mileage............................................................ ......... OAO/mile
Note:
Blueprinting, reproduction, messenger servIce and other direct
expenses will be charged as an additional cost plus 15%.
atay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 22
.
"
Materials Separately Paid For by Applicant
Cost or Rate
( X) Materials $2,500 maximum for all reimbursables: Actual, plus 15%
Reports, Copies
( ) Travel Actual
(X) Printing Actual, plus 15%
( X ) Postage Actual, plus 15%
(X ) Delivery Actual, plus 15%
( ) Long Distance Telephone Charges Actual
( ) Other Actual Identifiable Direct Costs Actual
- - -- ---- -- - ----- - ---- --- ---- --- --- -
Deposit
( X) Deposit Amount: $50,000.00. The deposit will be allocated between the applicant's in the
following manner, McMillin Otay Ranch, LLC 77% ($38,500) and Otay Project, LP 23%
($11,500). Any additional de?osits will utilize the above percentage allocation.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this
paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City
in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold
City harmless and waive any claim against City, City shall pay Consultant's billing fÌ"om 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.
----------------------------------
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 23
p
( X) 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:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: to be determined bv City.
Otay Ranch Village 7
Extension of Staff Professional Planning Services Four Party Agreement
03/02/04 Page 24
9 ~» :30
COUNCIL AGENDA STATEMENT
Item: If)
Meeting Date: March 2. 2004
ITEM TITLE: Resolution approving the Performing and Visual
Arts Task Force's selection of One Mid-Year FY 2003-04
Performing and Visual Arts Grant recipient and its monetary
grant award totaling $20,000.
SUBMITTED BY: Assistant City Manager/Library Director ~ .Pi ~
REVIEWED BY: City ManagJPl v í (4I5ths Vote: YES X NO->
. ~
In 1997, the City Council approved a Sublease with the House of Blues Concerts, Inc.
(formerly Universal Concerts) that established a process whereby a small percentage of ticket
sales proceeds at the Coors Amphitheatre would be paid to the City and utilized for a
Performing and Visual Arts Fund. This fund is to be used for arts grants to benefit the Chula
Vista community and to promote and stimulate the growth of the performing and cultural arts
within the City of Chula Vista.
STAFF RECOMMENDATION: That Council adopt the resolution approving the Task
Force's Mid-Year selection of one FY 2003-04 Performing and Visual Arts Grant recipient and
its monetary grant award in the amount of $20,000.
BOARD/COMMISSION RECOMMENDATION: The Task Force recommends that the
City Council award arts funds to the group outlined in this report.
DISCUSSION:
The Performing and Visual Arts Fund grant application process currently allows for
consideration of mid-year requests. The Task Force reviewed one request and recommends
that this grant application receive the award in the amount of $20,000. The members of the
Performing and Visual Arts Task Force are:
Mayor Stephen C. Padilla
Roderick Reinhart, City staff representative
David Swift, House of Blues/Coors Amphitheatre representative
Larry Perondi, Sweetwater Union High School district representative
Tracy Goodwin, Chula Vista Elementary School district representative
Bill Virchis, Chula Vista Cultural Arts Commission representative
This is a one-time request to provide a "POPS" Symphonic Concert to be performed by the
San Diego Symphony and special guest artists as the highlight event of this year's Taste of the
Arts by the Bay Festival to be held on Sunday, April 18. It is anticipated that the Port of San
Diego will provide future funding of the "POPS" Symphonic Concert for the Taste of the Arts by
the Bay Festival.
.ø
Page 2, ITEM 10
Meeting Date: March 2, 2004
In previous years, the City and Port sponsored a separate event with a "POPS" concert. As
Taste of the Arts by the Bay Festival has grown into the City's premier cultural event, it is a
logical step to meld these two events to enhance the quality of both.
Efforts have been made to greatly enhance the 2004 Taste of the Arts by the Bay Festival.
The location is being moved from Marina View to Bayside Park, and this year the event will
include the dedication of the "Wind Oars" public art piece. In addition to the San Diego
Symphony "POPS" concert there will be two stages highlighting both professional and school
age peñorming artists. The popular National Art Program juried art show will be augmented
by the presence of- featured visual artists who will be displaying and selling their work.
FISCAL IMPACT: There is no General Fund impact associated with this grant. The
recommendation from the Performing and Visual Arts Task Force is to fund this grant
application in the amount of $20,000. The Office of Cultural Arts will manage the contractual
agreement and grant payment with the recipient.
Since, this one-time mid-year award will be taken from the accumulated reserves in
the Performing and Visual Arts Task Force deposit account, there will no impact on the
amount available for annual grant monies to local arts groups. Applications for the
2004 annual awards are being sent out now and the Committee will make its award
recommendations to Council in May.
/ t) -~
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PERFORMING AND VISUAL
ARTS TASK FORCE'S SELECTION OF ONE MID-YEAR FY
2003-04 PERFORMING AND VISUAL ARTS GRANT
RECIPIENT AND ITS MONET AR Y GRANT AWARD
TOTALING $20,000
WHEREAS, in 1997, the City Council approved a sublease with the House of Blues
Concerts, Inc., that established a process whereby ticket sales proceeds at the Coors Amphitheatre
would be paid to the City and utilized for a Performing and Visual Arts Fund; and
WHEREAS, this fund is to be used for arts grants to benefit the Chula Vista
community and to promote and simulate growth ofthe performing and cultural arts within the City of
Chula Vista; and
WHEREAS, the Performing and Visual Arts Fund grant application process currently
allows for consideration of mid-year requests; and
WHEREAS, the Task Force reviewed one request and recommends that this grant
application receive an award in the amount of $20,000.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista
does hereby approve the Task Force's Mid-Year selection of one FY 2003-04 Performing and Visual
Arts Grant recipient and its monetary grant award in the amount of $20,0000.
Presented by Approved as to form by
~:
David Palmer
Assistant City Manager/Library Director
J:IAttorneylRESOIGRANTIPerforming & Visual Arts Task Force Grant 2004
/0-3
COUNCIL AGENDA STATEMENT
Item 11
Meeting Date 3/2/04
ITEM TITLE: Resolution Approving the Final "A" Map of Chula Vista
Tract No. 92-02A, McMillin Rolling Hills Ranch Subarea ill Neighborhoods 9-
12. Accepting on behalf of the City of Chula Vista, the easements granted on
said Map within said Subdivisions, Accepting on behalf of the public Procter
Valley Road, Coastal Hills Drive, Agua Vista Drive, Butterfly Way, Iron Gate
Lane and Vineyard Way, 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 "A" Map Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 92-02A,
McMillin Rolling Hills Ranch Subarea III Neighborhoods 9-12, and authorizing
the Mayor to Execute Said Agreement.
Resolution Approving the Sewer Pump Station Agreement for
Chula Vista Tract No. 92-02A, McMillin Rolling Hills Ranch Subarea III
Neighborhoods 9-12, and authorizing the Mayor to Execute Said Agreement.
Resolution approving a Grant of Easements and Maintenance Agreement
between McMillin Rolling Hills Ranch LLC and the City of Chula Vista for the
maintenance of public right of way within Rolling Hills Ranch Subarea III and
authorizing the Mayor to execute said agreement.
SUBMITTED BY: Director of General Services/City Engineer IJ!?
REVIEWED BY: City Manage~ vI'" (4/Sths Vote: Yes_No_K)
On October 6, 1992, by Resolution No. 16834, the City Council approved a Tentative Map for Chula
Vista Tract No. 92-02, Salt Creek Ranch. Salt Creek Ranch was subsequently renamed Rolling Hills
Ranch. On May 13, 2003 by Resolution No. 2003-199, the City Council approved an Amending
Tentative. Subdivision Map for Chula Vista Tract 92-02A, Rolling Hills Ranch Subarea III,
Neighborhoods 9-12. Tonight, Council will consider the approval of the Final "A" Map within
McMillin Rolling Hills Ranch Subarea III, Subdivision Improvement Agreements, Supplemental
Subdivision Improvement Agreement, the Sewer Pump Station Agreement for McMillin Rolling Hills
Ranch and the Grant of Easements and Maintenance Agreement.
RECOMMENDATION: That Council adopt the following:
1. Resolution approving the Final "A" Map and Subdivision Improvement Agreement for
Rolling Hills Ranch Subarea III, Neighborhoods 9-12.
2. Resolution approving the Supplemental Subdivision Improvement Agreement for Rolling
Hills Ranch Subarea III, Neighborhoods 9-12.
Page 2, Item )
Meeting Date 3/2/04
2. Resolution approving the Supplemental Subdivision Improvement Agreement for Rolling
Hills Ranch Subarea III, Neighborhoods 9-12.
3. Resolution approving the Sewer Pump Station Agreement for Rolling Hills Ranch Subarea
III, Neighborhoods 9-12.
4. Resolution approving the Grant of Easement and Maintenance Agreement for Rolling Hills
Ranch Subarea III
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
The project is generally located North of Procter Valley Road East of Hunte Parkway within the
Salt Creek Ranch SPA. The Final Map consists of 12 numbered lots and 35 lettered lots with a total
area of606.862 acres (see Exhibit 1).
The final map has been reviewed by the General Services Department and found to be in substantial
conformance with the approved Amending Tentative Map. Approval of the map constitutes acceptance
by the City of all easements, public streets and irrevocably offered dedications within the Subdivision as
shown on the map.
The Developer has executed a Subdivision Improvement Agreement, which addresses the
improvements related to the Map. The Developer has also executed a Supplemental Subdivision
Improvement Agreement (SSIA) addressing on-going conditions of approval that will remain in effect
and run with the land for the map. The Developer has also executed a Sewer Pump Station Agreement
addressing the maintenance and on-going financing for the sewer pump station that will service the
Final Map. The Developer has also executed a Grant of Easements and Maintenance Agreement to
enable the Rolling Hills Ranch Homeowners Association to maintain publicly owned right of way.
Staff has reviewed said Agreements and determined that they satisfy all the applicable tentative map
conditions for final map approval and recommends Council approval
The Developer has bonded for and agrees to complete all on and off-site street improvements required
for the approval of this Map within two years following map approval, or sooner if construction permits
for the required improvements have been issued. Some improvements have been bonded for with a
letter of credit with the option to substitute a bond at a future date.
Sewer Pump Station Agreement
The developer has deposited the 20 year maintenance cost and will be funding the entire capital cost of
constructing the pump station. The pump station will also serve future development. The agreement
sets forth the basic terms for the future development to refund to McMillin their pro-rata share of both
the capital cost, as audited by the City, and the twenty year maintenance cost.
Page 3, Item II
Meeting Date 3/2/04
Grant of Easements and Maintenance agreement
There are some areas of public right of way that will be maintained by the HOA. The agreement and
grant of easements sets forth the obligations of the HOA in maintaining the public right of way.
Additionally, the Home Owner's association will maintain open space lots that are not for the
preservation of habitat.
FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed "A"
Maps and the Agreements.
Exhibits and Attachments:
Exhibit I: Plat - Chula Vista Tract 92-02A, McMillin Rolling Hills Ranch Subarea III "A" Map.
Exhibit 2: Developer's Disclosure Statement.
Attachment A: McMillin Rolling Hills Ranch Subarea III "A" Map SIA
Attachment B: McMillin Rolling Hills Ranch Subarea III "A" Map SSIA.
Attachment C: Sewer Pump Station Agreement
Attachment D: Grant of Easements and Maintenance Agreement
J:IEngineerlLANDDEVIProjectslRolling Hills Ranch19-131RH230F AI13 A map (final).DOC
2/24/2004 12:48 PM
I:.xnlDlt I
---
ROLLING HILLS RANCH
------. SUBAREA III "A" MAP
.,
F
10
11
H
G
C
~
. HUNSAKER ~
~ ~ ~ ~~1~9~~ TES
0 1000 2000 3000
~ PlANNING 10179 Huemekens Street ~ I I
ENGINEERING San Diego, Ca 92121 SCALE 1" = 1 000 .
SURVEYING PH(8S8)SS8-4S00' fX(858)558-1414
R:\OJ82\&Map\RHR SUB A J CITY OVERLAY.dwg[ 1275jJan-18-2004:07:J6 - w.O. 1941-57 ...
f
f
EXHIBIT 2.,
-,~,
City of Chula Vista Disclosure Statement
Pursuant to Council 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 ofChula Vista election must be
filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
McMillin Rolling Hills Ranch, LLC MÆMillin Quintessa, LLC
Standard Pacific Corporation Comerica Bank--California
Cornerstone Communities, LLC Tamarack International
2. If any person * identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
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.
Dave Gatzke Rodney Lubojasky
Todd Galarneau Tom Tomlinson
Frank Zaidle Dave Warren
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~
,
City of Chula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No ~ Yes - If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official * * of the City ofChula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes - No--L
If Yes, which official * * and what was the nature of item provided?
Date: 1~2 J - 0 'I
* Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
J:\Attomeylforms\disciosure statement 3-6-03
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FINAL "A"
MAP OF CHULA VISTA TRACT NO. 92-02A, MCMILLIN ROLLING HILLS
RANCH SUBAREA III NEIGBORHOODS 9-12 ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA, THE EASEMENTS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISIONS, ACCEPTING ON BEHALF OF THE PUBLIC PROCTOR
VALLEY ROAD, COASTAL HILLS DRIVE, AGUA VISTA DRIVE, BUTTERFLY
WAY, IRON GATE LANE AND VINEY ARD WAY, 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. 92-02A, Rolling
Hills Ranch Subarea III "A" Map, particularly described as follows:
Being a subdivision of portions of sections 23, 24, 25, and 26, township 17 south,
range I west, San Bernardino meridian in the City of Chula Vista, County of San
Diego, State of California, according to United States government survey thereof.
Area: 606.862 Acres No. of Lots: 12
Numbered Lots: 47 Lettered Lots: 35
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision of land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public streets, to-wit Proctor Valley Road, Coastal Hills Drive, Agua Vista Drvie, Butterfly
Way, Iron Gate Lane and Vineyard Way, and said streets are hereby declared to be public streets
and dedicated to the public use all as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chula Vista the future street purposes, access, drainage and access, sight distance, landscape
buffer and sidewalk, maintenance and assignable general utility and access easements, all as
shown on Rolling Hills Ranch Subarea III "A" map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A, C, E, F, G,
DD" and "HH" for open space and other public purposes all as shown on Rolling Hills Ranch
Subarea III "A" map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "B" for Sewer
Pump Station purposes all as shown on Rolling Hills Ranch Subarea III "A" map within said
subdivision.
-7
Resolution
Page 2
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 said public streets are accepted on behalf of the
public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said
lots be acknowledged, and that those certain easements as granted on Rolling Hills Ranch
Subarea III "A" map within said subdivision are accepted on behalf of the City of Chula Vista as
hereinabove stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement
dated the , for the completion of improvements in said subdivision, a copy of
which is on file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that the 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 the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
~~~~
Jack Griffin Ann M6
Director of General Services City Attorney
w>'
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~ t;.' A'~
. A n Moore
City Attorney
Dated: d.--d--. & - 0 If
Subdivision Improvement Agreement for the
Completion of improvements for Final "A" Map of
Chula Vista Tract # 92-02A, McMillin Rolling
Hills Ranch Subarea 3, Neighborhoods 9-12
m'^"
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 , 2004, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and
MCMILLIN ROLLING HILLS RANCH, LLc., 2727 Hoover Avenue, National City, CA
91950, 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
ROLLING HILLS RANCH SUBAREA III "A" MAP, NEIGHBORHOODS 9-12 (CVT 92-
02A) pursuant to the provisions of the Subdivision Map Act of the State of California, and in
compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the
filing, approval and recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or land development work
required in said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
-1-
install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2003-199, approved on the
13th day of May, 2003 ("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. 03103-01 to 03103-05 (Procter Valley Road) and 03106-
01 to 03106-25 (Backbone facilities), inclusive, on file in the office of the City Engineer; and
WHEREAS, Developer has secured improvements pursuant to this Agreement with a
Letter of Credi.t naming City as beneficiary and is desirous of substituting said Letter of Credit
with a Bond at some point in the future; 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 amounts set
forth as follows:
Procter Valley Road - ONE MILLION ONE HUNDRED TWENTY THOUSAND
DOLLARS AND NO CENTS ($1,120,000.00).
Backbone facilities - FOUR MILLION THIRTY THOUSAND DOLLARS AND NO
CENTS ($4,030,000.00).
Total Estimated Cost of Improvements - FIVE MILLION ONE HUNDRED FIFTY
THOUSAND DOLLARS AND NO CENTS ($5,150,000.00).
NOW, THEREFORE, IT IS MUTUALL Y UNDERSTOOD AND AGREED AS
FOLLOWS:
I. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and adjoining said
subdivision, including the improvements described in the above Recitals ("Improvement Work");
and will furnish the necessary materials therefore, all in strict conformity and in accordance with
the plans and specifications, which documents have heretofore been filed in the Office of the
City Engineer and as described in the above Recitals this reference are incorporated herein and
made a part hereof.
-2 -
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 peIDlanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved Letter of Credit from a
sufficient surety, whose sufficiency has been approved by the City in the sum of:
Procter Valley Road - FIVE HUNDRED SIXTY THOUSAND DOLLARS AND NO
CENTS ($560,000.00).
Backbone facilities - TWO MILLION FIFTEEN THOUSAND DOLLARS AND NO
CENTS ($2,015,000.00).
Total amount of security for Faithful Performance - TWO MILLION FIVE HUNDRED
SEVENTY FIVE THOUSAND AND NO CENTS ($2,575,000.00).
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 Letter of Credit from a
sufficient surety, whose sufficiency has been approved by the City in the sum of:
Procter Valley Road - FIVE HUNDRED SIXTY THOUSAND DOLLARS AND NO
CENTS ($560,000.00).
-3-
/(~
Backbone facilities - TWO MILLION FIFTEEN THOUSAND DOLLARS AND NO
CENTS ($2,015,000.00).
Total amount of security for Labor and Materials - TWO MILLION FIVE HUNDRED
SEVENTY FIVE THOUSAND DOLLARS AND NO CENTS ($2,575,000.00).
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 ITom a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE
HUNDRED EIGHTEEN THOUSAND DOLLARS AND NO CENTS ($118,000.00) to secure
the installation of monuments, which security is attached hereto, marked Exhibit "c" and made a
part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said Letters of Credit and improvement securities may be
used by City for the completion of the Improvement Work within said subdivision in accordance
with such specifications herein contained or referred, or at the option of the City, as are approved
by the City Council at the time of engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by City, and after certification by
the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or its successors in interest,
pursuant to the tenus of the improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work, including design and
administration of construction (including a reasonable allocation of overhead), and any proceeds
from the improvement security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
-4-
1/
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or omission of Subdivider,
its agents or employees in the performance of this agreement, and that upon acceptance of the
work by City, Subdivider shall grant to City, by appropriate conveyance, the public
improvements constructed pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth hereinabove.
13. It is understood and agreed that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property occasioned by reason of the acts
or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement.
Subdivider further agrees to protect and hold the City, its officers and employees, ham1less 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.
14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents,
officers, and employees from any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignabi Ii ty. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
-5-
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
16. Substitution of security. The City Engineer in his/her sole discretion may, if such
substitution is requested, permit a substitution of securities by the developer in place and stead of
the original Letters of Credit described herein so long as such substituted securities meet the
criteria for security as set forth elsewhere in this Agreement. Such substitution will be in a form
approved by the City Attorney and recorded with a Memorandum of Understanding or like
documents as approved by the City Attorney.
SIGNATURE PAGE FOLLOWS
-6-
II
SIGNATURE PAGE
SUBDIVISION IMPROVEMENT AGREEMENT
ROLLING HILLS RANCH SUBAREA III NEIGHBORHOODS 9-12
(CVT 92-02A)
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 MCMILLIN ROLLING HILLS RANCH,
LLC
a Delaware limited liability company
a California limited partnership
Its: Manager
Stephen C. Padilla By: Corky McMillin Construction Service
Mayor of the City ofChula Vista Inc.
a California corporation
Its: General Partner
ATTEST ~3-~ ~
By:
Susan Bigelow ',P .
City Clerk Its:
Approved as to form by By: ~ ~~
11.5'. V,P.
Ann Moore
City Attorney
(Attach Notary Acknowledgment)
.I:\attorney\SIA\Rolling Hills Ranch Subarea 3 A Map
-7-
-I'
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On February 18, 2004 ,before me, Ann M. Futo personally
appeared Frank Zaidle and Tom Tomlinson, personally known to me to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument
the persons or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~J '-rye . Jdv
ANN M. FUTO
COMM.# 1289207 z
. ~ NOTARY PUBLlC-cALIFORNIA ~
'. .....,> SAN DIEGO COUNTY ...
MY COMMISSION EXÞIf1ES JAN 1. 2005
This area for official notarial seal
Title of Document Subdivision Improvement Aqreement for Rollinq Hills Ranch Subarea "'
Date of Document No. of Pages
Other signatures not acknowledged
Nalary Farm-2 McMillin Companies
'" .
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Forn1: Letter of Credit
Amount: $2,575,000.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Letter of Credit
Amount: $2,575,000.00
Exhibit "c" Improvement Security - Monuments:
Fonn: Bond
Amount: $118,000.00
Securities approved as to fonD and amount by
City Attorney
Improvement Completion Date: Two (2) years from date of City Council approval of the
Subdivision Improvement Agreement.
J:\Attorney\SIA\Roliing Hills Ranch Neighborhood 8
-8-
.
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING
THE FINAL "A" MAP SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
NO. 92-02A, MCMILLIN ROLLING HILLS RANCH SUBAREA
III NEIGHBORHOODS 9-12, AND AUTHORIZING THE
MA YOR TO EXECUTE SAID AGREEMENT
WHEREAS, the developer has executed a Supplemental Subdivision
Improvement Agreement addressing on-going conditions of approval that will remain in effect
and run with the land for the map.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve the Final "A" Map Supplemental Subdivision Improvement
Agreement for Chula Vista Tract No. 92-02A, McMillin Rolling Hills Ranch Subarea III
Neighborhoods 9-12, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
~J YJC<~
Jack Griffin AnnM
Director of General Services City Attorney
J:Attorney/Reso/SSIA/McMillin Rolling Hills Ranch 3 02 04
.v""'"
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
~ ~rÚ~
(~~fJ'" ."
Ann Moore
City Attorney
Dated: 1,- 2- &-D f
Supplemental Subdivision Improvement Agreement
for the Final "A" Map of
Chula Vista Tract # 92-02A, McMillin Rolling
Hills Ranch Subarea 3, Neighborhoods 9-12
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
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 92-02A,
MCMILLIN ROLLING HILLS RANCH SUBAREA III NEIGHBORHOODS 9-12
(Conditions 2, 3, 4,15,16,23,48,54,57,58,59,89,95,97,98,103,104,120, 121,122,
123, 126, 128 of Resolution 16834 for Chula Vista Tract No. 92-02, Salt Creek Ranch and
19,43,53,55,66,70,82,85,87,88,91,129,131,133,134, 136, and 137 of Resolution
2003-199 for Chula Vista Tract No. 92-02A, Salt Creek Ranch)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
_day of , 2004, by and between THE CITY OF CHULA VISTA,
California ("City" or "Grantee" for recording purposes only) and MCMILLIN ROLLING
HILLS RANCH, 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:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and
incorporated herein ("Property"). The Property is referred to as Rolling Hills Ranch
Subarea III Neighborhoods 9-12, Chula Vista Tract No. 92-02A. For purposes of
this Agreement the term "Project" shall mean "Property".
I
f
B. Developer is the owner of the Property.
C. The City has adopted Resolution 16834 ("Resolution") pursuant to which it has
approved the Salt Creek Tentative Subdivision Map subject to certain conditions as
more particularly described in the Resolution.
D. Developer has applied for and the City has approved an Amending Tentative
Subdivision Map commonly referred to as Chula Vista Tract No. 92-02A, Rolling
Hills Ranch Subarea III Neighborhoods 9-12, ("Tentative Subdivision Map") for the
subdivision of the Property.
E. The City has adopted Resolution 2003-199 ("Amending Resolution") pursuant to
which it has approved the Amending Tentative Subdivision Map subject to certain
conditions as more particularly described in the Resolution.
F. 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 "An map
Agreement.
G. The Project has been reviewed for consistency with the following environmental
documents: FEIR-89-03; FSEIR-91-03 (hereinafter referred to as the Project EIRs).
The Project will be developed in accordance with these EIRs and all mitigation
measures set forth in the respective Mitigation Monitoring and Reporting Programs
(MMRPs).
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 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 until released by the mutual consent of the parties.
1.2 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
2
/I-).l..
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
reach to which it or any other beneficiaries of this agreement and the covenants
may be entitled
a. Developer Release on Guest Builder Assignments. If Developer
assigns any portion of the Project, Developer may have the right to obtain a release
of any of Developer's obligations under this Agreement, provided Developer obtains
the prior written consent of the City to such release. Such assignment 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 reasonable 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.
b. Partial Release of Developer's Assignees. If Developer assigns any
portion of the Project subject to the Burden of this Agreement, upon request by the
Developer or its assignee, the City shall release the assignee of the Burden of this
Agreement as to such assigned portion if such portion has complied with the
requirements of this Agreement 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.
2. Condition No.2 of Resolution 16834 (Public Facilities Financing Plan). In
satisfaction of Condition No.2 of Resolution 16834, the Developer agrees to install public
facilities in accordance with the Public Facilities Financing Plan as amended by Resolution
2000-190 on June 13, 2000 or as required by the City Engineer to meet threshold
standards adopted by the City are constructed shall correspond to any future East Chula
Vista Transportation Phasing Plan as may be amended in accordance with the financing
study adopted by the City. The Developer further acknowledges that the City Engineer and
the Planning Director may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
3. Condition No.3 of Resolution 16834 (Implement Mitigation Measures). In
satisfaction of Condition No.3 of Resolution 16834, the Developer shall diligently
implement, or cause the implementation of all mitigation measures pertaining to the Project
identified in the Final Subsequent Environmental Impact Report, (FSEIR #91-03).
Developer agrees that any such measures not satisfied by a specific condition or by the
project design shall be implemented to the satisfaction of the Director of Planning and
Building. Developer acknowledges that Mitigation Measures shall be monitored via the
Mitigation Monitoring Program approved in conjunction with the Project EIRs. Developer
further acknowledges that modification of the sequence of mitigation shall be at the
discretion of the Director of Planning and Building should changes in the circumstances
3
/(~..
warrant such revision.
4. Condition No.4 of Resolution 16834 (General Preliminary). In satisfaction of
Condition No.4 of Resolution 16834, unless otherwise conditioned, the Developer shall
comply with, remain in compliance with, and implement, the terms, conditions and
provisions of 1) the Salt Creek Ranch General Development Plan (GDP) approved' by City
Council Resolution 15875 on September 25, 1990 and amended by City Council
Resolution 2001-103 on April 10, 2001; 2) Salt Creek Ranch Sectional Planning Area
(SPA) Plan approved by the City Council Resolution No. 16555 on March 24, 1992 and
amended by City Council Resolution 2001-103 on April 10, 2001; 3)the Rolling Hills Ranch
Planned Community District Regulations and Land Use Map approved by City Council
Ordinance No. 2499 on April 7, 1992 and amended by Ordinance No. 2833 on April 24,
2001; 4) Public Facilities Financing Plan approved by City Council Resolution 16555 on
March 24, 1992 and amended by Resolution 2000-190 on June 13,2000; 5) Tentative
Subdivision Map for Salt Creek Ranch, Chula Vista Tract 92-02 previously approved by
City Council Resolution Number 16834 on October 6, 1992 and amended by City Council
Resolution 2003-199 on May 13, 2003; 6) Agreement for Monitoring of Building Permits
approved by City Council Resolution 2003-166 on April 15, 2003; 7) the Master Plan of
Reclaimed Water; 8) Urban Runoff Report; 9) Habitat Enhancement Plan; 10) Master Plan
of Sewage; 11) Water Conservation Plan; and 12) the Air Quality Improvement Plan
Design Guidelines as are applicable to the property which is the subject matter of the
Tentative Map, prior to approval of the Final Maps, or shall have entered 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, assuring
that, after approval of the Final Map, the Developer shall continue to comply with, remain in
compliance with, and implement such Plans. Developer hereby agrees to waive any claim
that the adoption of a final Water Conservation Plan or Air Quality Improvement Plan
constitutes an improper subsequent imposition of the condition.
5. Condition No. 15 and 16 of Resolution 16834 (Traffic signals). In partial
satisfaction of Condition No. 15 and 16 of Resolution 16834, the Developer agrees to
install fully activated traffic signals including interconnect wiring, pull boxes and pull rope
and excluding signal head and controllers, at the intersection of ProctorValley Road and
Agua Vista Drive and at the intersection of ProctorValley Road and Coastal Hills Drive.
Developer further agrees to install underground improvements, standards and luminaries
with construction of the street improvements, and install mast arms and associated
equipment when sign warrants are met, as determined by the City Engineer.
6. Condition No. 19 of Resolution 2003-199 (IOD). In partial satisfaction of Condition
No. 19 of Resolution 2003-199, the Developer acknowledges and agrees to dedicate to the
City within 30 days of the request of the City Engineer the full right of way for Ranch Estate
Place from Agua Vista Drive to the easterly boundary of the Project, Agua Vista Drive from
Vinyard Way to Ranch Lakes Way and Ranch Lakes Way from Agua Vista Drive to the
easterly boundary of the Project.
4
-<,)
7. Condition No. 23 of Resolution 16834 (Easements). In satisfaction of Condition
No. 23 of Resolution 16834, the Developer agrees to grant, concurrent with the appropriate
final map, to the City an easement or easements for street tree planting and maintenance,
and landscape buffer areas along all public streets in the width required by the City's
Landscape Manual.
8. Condition No. 43 of Resolution 2003-199 (Urban Runoff). I n satisfaction of
Condition No. 43 of Resolution 2003-199, the Developer agrees to design the storm drains
and other drainage facilities to include BMP's to minimize non-point source pollution,
satisfactory to the City Engineer and the City of San Diego Water Utilities Director.
Developer further agrees that:
a. The Development 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 (NPDES), permit
requirements for urban runoff and storm 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 Permit for Storm Water Discharges
Associated with Construction Activity and shall implement a Storm Water
Pollution Prevention Plan (SWPPP) concurrent with the commencement of
grading activities. The SWPPP shall include both construction and post
construction pollution prevention and pollution control measures and shall
identify funding mechanisms for post construction control measures.
b. The Developer shall comply with all the provisions of the NPDES Permit
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.
c. Developer shall not 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 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.
d. At such time as required by the City Engineer for the Project, the Developer
shall submit and obtain approval from the City Engineer of a maintenance
program for the proposed post-construction BMP's. The maintenance
5
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 schedule and 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.
e. Prior to approval of each 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 and the adopted City of Chula Vista's Storm Water Management
Standards Requirements Manual, which includes the Local SUSMP. The
Developer 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 implemented that specifically prevent pollution
of storm drain systems to the Maximum Extent Practicable (MEP) from
certain project feature, land use, areas and activities.
f. The Developer shall incorporate in the Project design, water quality and
watershed protection principles and all post construction Best Management -
Practices (BMP's) selected for the Project, in compliance with the NPDES
Permit.
9. Condition No. 48 of Resolution 16834 (Water). In satisfaction of Condition No. 48
of Resolution 16834, the Developer agrees to make consistent with the Water
Conservation Plan for Salt Creek Ranch water conservation measures for roadside
landscaping and landscape maintenance dated October 1991 and as amended from time
to time subject to the approval of the Director of Planning and Building.
10. Condition No. 53 of Resolution 2003-199 (Sewer Pump Station Fee). In
satisfaction of Condition No. 53 of Resolution 2003-199, the Developer agrees to deposit
$30,000 or a sum up to that amount if otherwise approved by the City Engineer in his/her
discretion to provide for the first years' maintenance costs for the Salt Creek Ranch Sewer
Pump Station, prior to approval of the Final Map of any phase unit, which requires the Salt
Creek Ranch Sewer Pump Station to provide sewer service.
11. Condition No. 54 of Resolution 16834 (Park-And-Ride). I n satisfaction of
Condition No. 54 of Resolution 16834, the Developer agrees to enter into and execute an
agreement to fund the project's fair share of a park-and-ride facility to be located in the
vicinity of the East H Street and SR-125 interchange.
12. Condition No. 55 of Resolution 2003-199 (Withhold Building Permits). In
satisfaction of Condition No. 55 of Resolution 2003-199 Developer agrees to the following
6
II ~
a. That the City may withhold building permits for the subject subdivision if any
one of the following occur:
I. Regional development threshold limit set by the Chula Vista
Transportation Phasing Plan, as amended from time to time, have
been reached or in order to have the Project comply with the
Growth Management Program, as may be amended from time to
time.
ii. Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to
comply with the then effective Growth Management Ordinance
and Growth Management Program and any amendments thereto.
Public utilities shall include, but not be limited to, air quality,
drainage, sewer and water.
iii. The required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have been completed or
constructed to the satisfaction of the City. The Developer may
propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the
PFFP may be amended as approved by the City's Director of
Planning and building and the Public Works Director. Developer
agrees that the City may withhold building permits for any of the
phases of development identified in the Public Facilities Financing
Plan (PFFP) for the Project if the required public facilities, as
identified in the PFFP have not been completed.
b. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such determination and allow
the Developer reasonable time to cure said breach.
13. Condition No. 57 of Resolution 16834 (Maintenance District). In satisfaction of
Condition No. 57 of Resolution 16834, the Developer agrees not to protest formation of a
district for the maintenance of landscaped medians and parkways along streets within and
adjacent to the Project.
14. Condition No. 58 of Resolution 16834 (Indemnification). In satisfaction of
Condition No. 58 of Resolution 16834, the Developer agrees 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
7
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
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.
15. Condition No. 59 of Resolution 16834 (Erosion). In satisfaction of Condition No.
59 of Resolution 16834, the Developer agrees to hold the City harmless from any liability
for erosion, siltation of increase flow of drainage resulting from this Project.
16. Condition No. 66 of Resolution 2003-199 (Cable Television Companies). In
satisfaction of Condition No. 66 of Resolution 2003-199, the Developer agrees to permit 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 areas.
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: (a) 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 (b) any such cable
company is and remains in compliance with, and promises to remain in compliance with
the terms and conditions of the franchise and with all other rules, regulations, ordinances
and procedures regulating and affecting the operation of cable television companies as
same may have been, or may from time to time be, issued by the City of Chula Vista.
Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant
by such remedies as the City determines appropriate, including revocation of said grant
upon determination by the City of Chula Vista that they have violated the conditions of
grant.
17. Condition No. 70 of Resolution 2003-199 (Community Park). In satisfaction of
Condition No. 70 of Resolution 2003-199, the Developer agrees to provide a title report
showing that the Community Park site is free and clear of all encumbrances prior to the
acceptance of the park except for those easements of record in favor of the City on the
Final Map for the site.
18. Condition No. 82 of Resolution 2003-199 (MSCP Preserve Lots). In partial
satisfaction of Condition No. 82 of Resolution 2003-199, the Developer shall provide
interim management of MSCP Preserve lots C, E, F, G and Tarplant Management Areas
(Lots DO, HH) for up to but no longer than two years from the date of this Agreement.
19. Condition No. 85 of Resolution 2003-199 (Landscaping). In satisfaction of
Condition No. 85 of Resolution 2003-199, the Developer to comply with the approved
Landscape slope erosion control plans as described on exhibit liB" for the area
encompassed within each the grading permit in accordance with the City of Chula Vista
8
Grading Ordinance and the Landscape Manual. Developer agrees that Revegetation of
slopes external to Subarea III and/or adjacent to open space lots or undisturbed areas
shall be accomplished with native plant species, which are appropriate to the area as
determined by the City's Landscape Architecture Division and Environmental Review
Coordinator. The Developer further agrees, prior to issuance of the first building permit for
the Project, to prepare, submit and obtain approval of the Director of Planning and Building
for landscape and irrigation plans in accordance with the City of Chula Vista Landscape
Manual for aI/ streets, common areas and open space lots.
20. Condition No. 87 of Resolution 2003-199 (CC&R's). In satisfaction of Condition
No. 87 of Resolution 2003-199, the Developer agrees to include in the Supplemental
Covenants Conditions & Restrictions (CC&R's) that the maintenance of all private facilities
and improvements within open space areas are managed by homeowners associations
and to submit to and gain approval of said CC&R's by the Director of Planning prior to
approval of the associated final map. Developer agrees that the CC&R's shall include the
fol/owing;
a. Maintain all the facilities and improvements within the open space lots offered
for dedication to the City until acceptance of the open space lots for
maintenance by a community facilities district.
b. The HOA shall not seek to dedicate or convey for public streets, land used for
private streets without approval of 100% of all the HOA members or holders of
first mortgages within the HOA.
c. Homeowners with lots exceeding 20 feet in vertical height shall have an
individual responsibility for maintenance of entire lot.
21. Condition No. 88 of Resolution 2003-199 (Brush Management). In satisfaction of
Condition No. 88 of Resolution 2003-199, the Developer agrees to provide the initial cycle
of fire management/brush clearance within designated brush management HOA lots for the
Project and conduct selective thinning on Lot II subject to the approval ofthe Fire Marshal
and the Landscape Architecture Division and Environmental Review Coordinator.
22. Condition No. 89 of Resolution 16834 (Fire Hydrants). I n satisfaction of
Condition No. 89 of Resolution 16834, the Developer agrees to install fire hydrants every
500 ft. for single family residential and every 300 ft. for multi-family dwellings and to Install
and make operable the hydrants prior to delivery of combustible building materials.
23. Condition No. 91 of Resolution 2003-199 (Open Space Easement). In
satisfaction of Condition No. 91 of Resolution 2003-199, the Developer agrees to dedicate
to the City open space easements (OSE) over all downhill side and rear slopes adjacent to
MSCP Preserve lots and that said OSE preclude the construction of any structures within
said easements and limit activities within the easements to landscape maintenance of fuel
9
modification plant materials. Developer agrees that the wording of the eSE's shall be
subject to the approval of the Director of Planning and Building and the City Attorney.
24. Condition No. 95 of Resolution 16834 (CC&R's). In satisfaction of Condition No.
95 of Resolution 16834, the Developer agrees to include in the CC&R's provisions assuring
maintenance of private facilities including the private streets, sewer, and drainage systems
and to name the City of Chula Vista as party to said conditions of the Declaration in the
same manner as any owner within the subdivision.
25. Condition No. 97 of Resolution 16834 ("As-Built"). In satisfaction of Condition
No. 97 of Resolution 16834, the Developer agrees to submit "as-built" improvement and
grading plans as required by the City Subdivision Manual and to provide the City said plans
in digital D.X.F. file format.
26. Condition No. 98 of Resolution 16834 (Conservation Plan). In satisfaction of
Condition No. 98 of Resolution 16834, the Developer agrees to participate in a regional or
subregional multispecies coastal sage scrub conservation plan.
27. Condition No.1 03 of Resolution 16834 (Environmental Specialist). In
satisfaction of Condition No.1 03 of Resolution 16834, the Developer agrees to retain a
qualified biologist/environmental specialist to oversee the construction of Proctor Valley
Road, Hunte Parkway and the reservoir and associated waterline and to monitor the
implementation of the mitigation measures related to Biological Resources as required by
City Council Resolution 16555-Mitigation Monitoring Program.
28. Condition No. 104 of Resolution 16834 (Mitigation Monitoring Program). In
satisfaction of Condition No.1 04 of Resolution 16834, the Developer agrees to retain a
qualified archaeologist to monitor the implementation of the mitigation measures relative to
Cultural Resources required by the City Council Resolution 16555-Mitigation Monitoring
Program.
29. Condition No. 120 of Resolution 16834 (Bench Marks). In satisfaction of
Condition No. 120 of Resolution 16834, the Developer agrees to payoff all existing deficit
accounts associated with the processing of this application to the satisfaction of the
Director of Planning and to:
a. Provide permanent City bench marks tied to the City System at the following
locations:
1. East "H" Street/Mt. Miguel Road
2. lane Avenue/Otay lakes Road
3. Hunte Parkway/Otay lakes Road
4. Mt. Miguel Road/Mackenzie Creek Road
5. East "H" Street/Both Subdivision Boundaries
6. East "H" Street/lane Avenue
10
7. East "H" Street/Hunte Parkway
8. Otay Lakes Road/Rutgers
Developer agrees that said bench marks shall be tied to the existing City
bench mark system at points 465, 1350, and 1655 and that completion shall
occur prior to acceptance of the associated street improvements. Developer
further agrees that the monumentation bond for the corresponding final map
which contains the intersection shall include the cost of this work.
b. Provide the City with a copy of the disclosure to homeowners of costs
associated with Mello-Roos, Assessment, and Open Space Districts as
required by Ordinance 2275 prior to approval of each final map.
c. Submit to the City for approval, a copy of the Disclosure Statement stating
the Homeowners of lots with slopes 20' or greater in vertical height are
responsible to maintain their entire lot.
30. Condition No. 121 of Resolution 16834 (Code Compliance). In satisfaction of
Condition No. 121 of Resolution 16834, the Developer agrees to comply with all applicable
sections of the Chula Vista Municipal Code. Developer further agrees that preparation of
the Final Map and all plans shall be in accordance with the provisions of the Subdivision
Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual.
31. Condition No. 122 of Resolution 16834 (Underground Utilities). In satisfaction
of Condition No. 122 of Resolution 16834, the Developer agrees to underground all utilities
within the Project in accordance with the Municipal Code requirements.
32. Condition No. 123 of Resolution 16834 (Fire Sprinklers). I n satisfaction of
Condition No. 123 of Resolution 16834, the Developer agrees to provide some lots with
residential fire sprinkler systems due to access requirements as determined by the Fire
Marshal. Developer further agrees that in multi-family dwellings, if a sprinkler system is
required for one building, all buildings in the Project shall be sprinklered.
33. Condition No. 126 of Resolution 16834 (Urban Runoff). I n satisfaction of
Condition No. 126 of Resolution 16834, the Developer agrees to comply with all applicable
regulations established by the United States Environmental Protection Agency (USEPA) as
set forth in the National Pollutant Discharge Elimination System (N.PD.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.PD.E.S. regulations or requirements.
34. Condition No. 128 of Resolution 16834 (Fees). In satisfaction of Condition No.
128 of Resolution 16834, the Developer agrees to pay all applicable fees in accordance
with the City Code and Council Policy, including, but not limited to, the following:
11
Prior to issuance of the first building permit:
1. The Transportation and Public Facilities Development Impact Fees.
2. Signal Participation Fees.
3. All applicable sewer fees, including but not limited to sewer
connection fees.
4. SR-125 impact fee.
5. Salt Creek Sewer Basin Fee.
6. Sewer Pump Station DIF.
35. Condition No. 129 of Resolution 2003-199 (Fees). In partial satisfaction of
Condition No. 129 of Resolution 2003-199, the Developer agrees that upon conveyance of
the Tarplant Management Areas (TMA) (Lots DD and HH) as depicted on the Final Map
the TMA shall be managed by a qualified preserve manager subject to the approval of the
City of Chula Vista after consultation with the Wildlife Agencies.
36. Condition No. 131 of Resolution 2003-199 (Endowment). I n satisfaction of
Condition No. 131 of Resolution 2003-199, the Developer agrees that prior to the
conveyance of land to the Preserve Owner Manager or other City approved management
entity, the Developer shall establish an endowment or other City approved funding
mechanism, for the perpetual management of the 10 acre offsite mitigation parcel located
within Johnson Canyon. Developer further agrees that the endowment shall be provided to
the City or designated management entity and that the endowment shall be in an amount
and form acceptable to the City or the approved management entity.
37. Condition No. 133 of Resolution 2003-199 (Violations). In satisfaction of
Condition No. 133 of Resolution 2003-199, the Developer agrees that the approval of this
map by the City of Chula Vista does not authorize the Developer to violate Federal, State
or City laws, ordinances, regulations or policies, including, but not limited to the Federal
Endangered Species Act of 1973 and any amendments thereto.
38. Condition No. 134 of Resolution 2003-199 (U.S. Fish & Wildlife Service). In
satisfaction of Condition No. 134 of Resolution 2003-199, the Developer agrees that in
accordance with authorization granted to the City of Chula Vista from the U.S. Fish &
Wildlife Service (USFWS) pursuant to Section 10(a) of the ESA and by the California
Department of Fish & Game (CDFG) pursuant to Fish & Game Code Section 2835 as part
of the Multiple Species Conservation Program (MSCP), the City of Chula Vista through the
approval/issuance of this permit/map hereby confers upon permittee the status of Third
Party Beneficiary as provided for in Section 17 of the City of Chula Vista Implementing
Agreement (IA) approved by the City Council on May 13, 2003. Third Party Beneficiary
status is conferred upon permittee by the City: (1) to grant permittee the legal standing and
legal right to utilize the take authorization granted to the City of Chula Vista pursuant to the
MSCP in accordance with those limitations imposed under this permit and the provisions of
the lA, and (2) to assure permittee that no existing mitigation obligation imposed by the City
12
of Chula Vista pursuant to this permit shall be altered in the future by the City of Chula
Vista, USFWS, or CDFG, but not. yet accepted by the City of other designated
management entity of preserved in perpetuity, maintenance and continued recognition of
Third Party Beneficiary status by the City is contingent upon permittee maintaining the
biological values of any and all lands committed for mitigation pursuant to this permit and of
full satisfaction by permittee of mitigation obligations required by this permit, as described
in accordance with the IA.
39. Condition No. 136 of Resolution 2003-199 (Over-sizing). I n satisfaction of
Condition No. 136 of Resolution 2003-199, the Developer agrees that in the event of a final
map, which requires over-sizing of the improvements necessary to serve other properties,
said final map shall be required to include the installation of all necessary improvements to
serve the Project, plus the necessary improvements for over-sizing offacilities required to
serve such other properties. Developer acknowledges that at the request of Developer,
City shall consider formation of a reimbursement district or any other reimbursement
mechanism in accordance with the restrictions of State Law and City Ordinances.
40. Condition No. 137 of Resolution 2003-199 (Street Sweeping). In satisfaction of
Condition No. 137 of Resolution 2003-199, the Developer agrees that prior to approval of
each Final Map containing any public streets, the Developer shall contract with the City's
current street sweeping franchisee, or other server approved by the Assistant Director of
Public Works (ADPWO) to provide street sweeping for each phase of development on a
frequency and level of service comparable to that provided for similar areas of the City.
Developer agrees to cause street sweeping to commence immediately after the final
residence, in each phase, is occupied and shall continue sweeping until such time that the
City has accepted the street or 60 days after the completion of all punch list items,
whichever occurs earlier. Developer further agrees to provide the ADPWO with a copy of
the memo requesting street sweeping service, which memo shall include a map of areas to
be swept and the date the sweeping will begin.
41. Satisfaction of Conditions. City agrees that the execution of this .Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of
Conditions 2,3,4,15,16,23,48,54,57,58,59,89,95,97,98,103, 104, 120, 121, 122,
123, 126, 128 of Resolution 16834 for Chula Vista Tract No. 92-02, Salt Creek Ranch and
19,43,53,55,66,70,82,85,87,88,91,129,131,133,134, 136, and 137 of Resolution
2003-199 for Chula Vista Tract No. 92-02A, Salt Creek Ranch.
42. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval of the Salt Creek
Ranch, Chula Vista Tract No. 92-02 Tentative Map (adopted by Resolution 16834) and the
Amending Tentative Map for Rolling Hills Ranch, Chula Vista Tract No. 92-02A (adopted by
Resolution 2003-199) and shall remain in compliance with and implement the terms,
conditions and provisions of the Resolutions.
13
..
43. Previous Agreements. The Developer acknowledges that nothing in this
Agreement shall supersede, nullify or otherwise negatively impact the terms of Previous
Agreements as they apply to the Project including the Agreement for Monitoring of Building
Permits as approved by Resolution 2003-166.
44. Recording. This Agreement, or an abstract hereof prepared by either or both
parties, may be recorded by either party.
45. Assignability. Upon request of the Developer, any or all on-site duties and
obligations set forth herein may be assigned to subdivider's successor in interest ifthe 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.
46. Building Permits. Developer understands and agrees that the City may withhold
the issuance of building permits for the Project, should the Developer be determined by the
City to be in breach of any of the terms of this Agreement. The City shall provide the
Developer of notice of such determination and allow the Developer with reasonable time to
cure said breach.
47. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or
delivered to either party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have elapsed
following deposit in the U.S. mail, certified or registered mail, return receipt
requested, first-class postage prepaid, addressed to the address indicated in
this Agreement. A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director of Public Works
14
Developer:
McMillin Companies
2727 Hoover Ave.
National City, California 91950
Attn: Frank Zaidle
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 both parties
participated equally in the preparation and/or drafting this Agreement.
e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced
herein are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing
party will be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief
sought.
(NEXT PAGE IS SIGNATURE PAGE)
15
w
Signature Page TO
SUPPLEMENTAL SUBDIVISION IMPROVEMETN AGREEMENT
McMillin Rolling Hills Ranch LLC
CHULA VISTA TRACT NO. 92-02 and 92-02A
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 McMILLIN ROLLING HILLS RANCH, LLC
A Delaware limited liability company
By: McMillin Management Services, L.P,
a California limited partnership
By: Its: Manager
Stephen C. Padilla
Mayor of the City of Chula Vista By: Corky McMillin Construction
Services, Inc.
a California limited corporation
Attest Its: General Partner
Susan Bigelow, City Clerk B;ïTh~
::::~~
Approved as to form by
Its: '\lIP.
Ann Moore
City Attorney
(Attach Notary Acknowledgment)
16
í/"3 b
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On February 24. 2004 ,before me, Ann M. Futo. Notary Public personally appeared
Dave Gatzke and Frank Zaidle ,personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature (huvlYL. ~
@ ANN M. FUTO
~ / ....\ COMM.# 1289207 ~
C/) ; ~e ~ NOTARY PUBLIC-CALIFORNIA :E
Z" SAN DIEGO COUNTY -'
~~~~~
This area for official notana! seai
Title of Document Supplemental Subdivision Improvement AQreement For Tract 92-02A
Date of Document No. of Pages
Other signatures not acknowledged
Notary Form-2 McMillin Companies
List of Exhibits
Exhibit "A" - Legal Description of McMillin Rolling Hills Ranch Subarea III Neigh. 9-12
Exhibit "B" - Bonding
17
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 1 THROUGH 12 INCLUSIVE, LOTS "An THROUGH "Z" INCLUSIVE AND LOTS "M"
THROUGH "HH" INCLUSIVE, TOGETHER WITH PUBLIC STREETS PROCTOR VALLEY
ROAD, AGUA VISTA DRIVE, COASTAL HILLS DRIVE, BUTTERFLY WAY AND IRON GATE
LANE OF CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH SUBAREA III, "A"
MAP,IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ,2004.
j) 4J/./ #. âJL 2.-4-2004-
DAVID W. AMBLER L.S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 1 OF 1
:DS M:\1941\057\Legal Descriptions\A15 A Map Council Legal.doc
WO 1941-57 2/4/04
EXHIBIT "B"
LANDSCAPE AND IRRIGATION BOND
Chula Vista
Landscape and $5,837,533.00 2123875 Drawing Nos.
I rrigation Bond 03123-01 to
03123-93
J:\ENGINEER\LANDDEV\PROJECTS\ROLLING HILLS RANCH\9-13\SSIA RH230F A MAP 2-9-04.DOC
18
RESOLUTION NO. 2004 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE SEWER PUMP STATION AGREEMENT
FOR CHULA VISTA TRACT NO. 92-02A, MCMILLIN ROLLING
HILLS RANCH SUBAREA III NEIGHBORHOODS 9-12, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, on October 6, 1992, by Resolution No. 16834, the City Council
approved a Tentative Map for Chula Vista Tract No.92-02, Salt Creek Ranch; and
WHEREAS, the Developer has executed a Sewer Pump Station Agreement
addressing the maintenance and on going financing for the sewer pump station that will service
the Final Map.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the Sewer Pump Station Agreement for Chula Vista Tract No. 92-
02A McMillin Rolling Hills Ranch Subarea III Neighborhoods 9-12, a copy of which shall be kept
on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
does hereby authorize the Mayor of the City of Chula Vista to execute said Agreement on behalf of
the City of Chula Vista.
Presented by: Approved as to form:
~ 9Þ (~
Jack Griffin AnnM .
Director of General Services City Attorney
J: \Attorney\RESO\Agreeements\Sewer Pump Agreement
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
fr /~YJ1A ~ ~~
~ Ann Moore
City Attorney
Dated: d- - 1-& -0 if
Sewer Pump Station Agreement for
Chula Vista Tract # 92-02A, McMillin Rolling
Hills Ranch Subarea 3, Neighborhoods 9-12
Recording Requested by: )
CITY CLERK )
)
When Recorded¡ Mail to: ) .
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chu1a Vista¡ CA 91910 )
File No: RH-230F
AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA, AND
McMILLIN ROLLING HILLS RANCH, LLC TO PROVIDE FOR THE
MAINTENANCE AND OPERATION OF THE PROCTOR VALLEY
ROAD SEWAGE PUMP STATION.
This agreement is made and entered into this of ,2004
by and between the City of Chula Vista ("City"), a municipal corporation, McMillin Rolling
Hills Ranch, LLC ("McMillin"), a Delaware Limited Liability Company.
RF(,TT AT oS
WHEREAS, the City of Chula Vista provides sewer service within the City of Chu1a
Vista pursuant to the laws of the State of Cali fomi a (Health and Safety Code Section 5471), its
ordinances and resolutions; and
WHEREAS, McMillin owns real property located within the City of Chu1a Vista, as
described by Chula Vista Tract 92-02A, Rolling Hills Ranch Subarea III (Formerly known as
Salt Creek Ranch), and:
WHEREAS, in approving Tract 92-02A, the City required the Proctor Valley Road
Sewage Pump Station ("Proctor Valley Pump Station") to be installed (Tentative Map
Condition 29),
WHEREAS, on May 17, 1994, the City Council approved Resolution No. 17491
adopting City Council Policy No. 570-03, "Sewage Pump Station Financing Policy," relating
to the use of sewage pump stations and providing for the financing of the operation and
maintenance costs associated with the pump stations; and
WHEREAS, on August 2, 1994, pursuant to City Council Policy No. 570-03, the City
w
Council adopted Ordinance No. 2596 amending Sections 13.14.100 and 13.14.150 of the
Chu1a Vista Municipal Code relating to sewage pump station charges, amending Ordinance
No. 2461, and repealing Ordinance Nos. 2181, 2286, and 2477 to dissolve special sewer
service rate areas; and
WHEREAS, Sewage flows from Proctor Valley Pump Station will temporarily flow to
Otay Pump Station as described in an agreement dated January 20,1998 and approved by City
Council by Resolution 18875 ("Joint Use Agreement"), and;
WHEREAS, the Joint Use Agreement was assigned to McMillin Rolling Hills Ranch,
LLC by Pacific Bay Homes on March 28, 2002, and;
WHEREAS, Proctor Valley Pump Station will ultimately serve, among other areas,
Rolling Hills Ranch Chula Vista Tract No. 92-02A, Neighborhoods 9 through 12; and the area
of Tentative Map 03-03, Bella Lago subdivision, and;
WHEREAS, it is necessary for the City to enter into an agreement with McMillin
Rolling Hills Ranch, LLC to provide for the construction, operation and maintenance of the
Proctor Valley Pump Station.
NOW, THEREFORE, CITY and MCMILLIN do agree as follows:
1. Purpose. The purpose of this Agreement is to provide for the construction, operation
and maintenance of the Proctor Valley Pump Station by McMillin Rolling Hills Ranch.
2. Term of Agreement and Areas to be Served:
a. Term. This Agreement shall commence on the date this Agreement as been
executed by the City and shall continue until such time as all of the provisions herein, are
satisfied.
b. Area. The property to be served with sewer service pursuant to this Agreement is
shown on Exhibit "A" and generally described as Chula Vista Tentative Map No. 92-02A
approved May 13, 2003 by Chula Vista City Council Resolution No. 2003-199, (herein
referred to as the "Property").
c. Pro-rata share of maintenance and construction costs. McMillin's Pro-rata share will
be based on the number of dwelling units within the Property.
3. Services, Maintenance costs and Release
a. Service. The City shall provide the Property with full sewer service as long as the
City is capable of providing such service and McMillin and its successors and assigns abide by
2
all of the rules and regulations regularly imposed upon customers of the City, the provisions of
this Agreement, and the City's ordinances.
b. Maintenance Costs. McMillin has deposited an amount of $312,000.00
("Maintenance Deposit") for the City's 20 year maintenance and operation costs of the Proctor
Valley Pump Station and the appurtenant facilities.
c. Release. The City will release a portion of the Maintenance Deposit as defined in
3.b above to McMillin only after:
1. The City has received the entire pro-rata share of the 20 year
maintenance and operation obligation of the Bella Lago subdivision
(Chula Vista Tract No. 00-03) which is anticipated to be sewered by the
Proctor Valley Sewer Pump Station; and
11. The City Engineer has determined in his/her sole discretion that surplus
funds are available for release to McMillin; and
ill. The provisions of paragraph 4 below have been satisfied.
4. Acquiring Capacity Rights. The parties to this Agreement acknowledge and agree
that the construction of the Proctor Valley Pump Station and appurtenant facilities as well as
the entire 20 year maintenance and operation cost will be funded initially by McMillin Rolling
Hills Ranch, LLc. The parties hereto anticipate that this Agreement may be amended in the
future to reflect Bella Lago's proportionate share of the cost of the Proctor Valley Pump
Station which may include the 20-year maintenance and operation cost. The City shall
reimburse to McMillin the pro-rata share received from the Bella Lago Developer if McMillin
has delivered an audit package to the City and to the satisfaction of the City Engineer, within
60 days of notice of completion for the Proctor Valley Sewer Pump Station. In such audit
package McMillin will provide:
1. Justification to the satisfaction of the City Engineer for all costs
associated with the construction of the pump station.
11. A certification that all costs were actually spent and that no future costs
will be claimed for purposes of calculating the cost of the pro-rata share
of capacity rights
5. Sewage Pump Station.
a. Dedication of Land and Permits. Concurrent with this Agreement, all land
needed for the Proctor Valley Pump Station and appurtenant facilities shall be irrevocably
dedicated by McMillin in fee title to the City. McMillin Rolling Hills Ranch, LLC shall be
responsible for obtaining all applicable environmental and other permits for the construction of
the Proctor Valley Pump Station.
3
b. Construction. McMillin shall construct the Proctor Valley Purnp Station as
shown on approved City Drawing Number 04007. Security for the construction, as listed on
Exhibit "B" of this agreement shall not be released until the City has accepted the Proctor
Valley Pump Station and a one-year maintenance bond accepted by the City. McMillin
understands and agrees that until such time as the construction of the Proctor V alley Pump
Station is fully completed and accepted by City, McMillin shall be responsible for the care,
maintenance of, and any damage to Proctor Valley Pump Station. During the construction
period for the Project Developer agrees to prohibit any construction debris from entering the
sewer system.
c. Indemnification. Developer further understands and agrees that City, (as
"Indemnitee") or any officer or employee thereof, shall 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 or omissions of Developer, its subcontractors or suppliers,
their agents or employees, or Indemnitee (to the extent they are not the result of Indemnitee's
sole negligence or willful misconduct), related to the construction of the Proctor Valley Sewer
Pump Station. 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 damage, including thereto hazardous materials and
property takings claims because of or arising out of the construction of the Proctor Valley
Sewer Pump Station 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 harmless from any such
losses, claims, demands, causes of action, liability, damages, costs or expenses to the extent
they 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 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 the
construction of the Proctor Valley Sewer Pump Station; provided, however, that Developer
shall have no obligation to indemnify, defend or hold Indemnitee 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. The
improvement securities referred to in paragraph 5. b. 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 the construction of the Proctor Valley Pump Station as
provided herein. The approval of plans for the Proctor Valley Pump Station 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 said work and related improvements. The
provisions of this paragraph shall become effective upon the execution of this Agreement and
4
shall remain in full force and effect for ten (IO) years following the acceptance by the City of
the Proctor Valley Pump Station.
d. Withholding Permits. McMillin Rolling Hills Ranch, LLC acknowledges and
agrees that the City may withhold building permits for the Property if at anytime the City
determines in its sole discretion that the downstream capacity of the City's sewerage system is
not able to accommodate the flows from the Proctor Valley Pump Station or if the City
Engineer determines that McMillin is not in compliance with the terms and/or obligations of
this Agreement. McMillin acknowledges and agrees that no building permits for the Property
shall be issued until the Proctor Valley Sewer Pump Station is constructed and accepted by the
City.
6. Prior Agreements. Both parties acknowledge that nothing in this Agreement shall
supersede, nullify or otherwise negatively impact the terms of the Joint Use Agreement.
7. Successors - Release.
a. Benefit of 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 until
released by the mutual consent of the parties.
b. Burden of covenants. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns
and any successor in interest thereto. City is deemed the beneficiary of such covenants for and
in its own right and for the purposes of protecting the interest of the community and other
parties public or private, in whose favor and for whose benefit of such covenants running with
the land have been provided without regard to whether City has been, remained or are owners
of any particular land or interest therein. If such covenants are breached, the City shall have
the right to exercise all rights and remedies and to maintain any actions or suits at law or in
equity or other proper proceedings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
c. Release. Upon the conveyance of an individual housing unit or the
conveyance of a common area lot to a Homeowner Association, McMillin may have the right
to obtain a release for such lot from their obligation under this Agreement, provided McMillin
obtains the prior written consent of the City to such release. The City shall not withhold its
consent to such release so long as the City finds that the requesting party is in compliance with
the terms of this Agreement and in the opinion of the City, such partial release will not
jeopardize the City's assurance that the terms of this Agreement will be complied with.
8. Notices. Notices which may be required or permitted under the terms of this
agreement shall be considered given upon receipt from the United Stated Postal Service of a
"Return Receipt" showing acceptance by a representative of the "receiving" party of the notice
5
which was posted "Certified - Return Receipt Requested". Addresses for any such notice shall
be:
For the City ofChula Vista:
City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
F or McMillin Rolling Hills Ranch, LLC
McMillin Rolling Hills Ranch, LLC
2727 Hoover Ave.
National City, CA
Attn: Frank Zaidle
9. Entire Agreement. This agreement contains the whole contract between the
parties and integrates all the terms and conditions mentioned herein or incidental hereto and
supersedes, unless otherwise stated, all negotiations and previous agreements between the
parties pertaining to the same'subject.
10. Amendments to Agreement. Any modifications of the terms of this Agreement
must be made with the mutual consent of all parties by a subsequent written agreement.
11. Recording. The parties hereto shall cause this Agreement to be recorded in the
Official Records of the County of San Diego.
12. Recitals and Exhibits. All Recitals set forth above and exhibits attached to this
Agreement are hereby incorporated herein by this reference.
J:\Engineer\LANDDEV\Projects\Rolling Hills Ranch \ 9 -13 \RHR SewerPumpStation.doc
6
(Signature Page One of Two Pages)
ROLLING HILLS RANCH SUBAREA III (Formerly known as Salt
Creek Ranch) CVT 92-02A
PROCTOR VALLEY ROAD SEWAGE PUMP STATION AGREEMENT
IN WITNESS WHEREOF, the parties have entered into this
Agreement as of the day and year first above written.
CITY OF CHULA VISTA
A Municipal Corporation
By:
Mayor Stephen C. Padilla
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
7
(Signature Page Two of Two Pages)
ROLLING HILLS RANCH SUBAREA III (Fonnerly Known as Salt Creek Ranch) CVT
92-02A
PROCTOR V ALLEY ROAD SEWAGE PUMP ST A nON AGREEMENT
McMILLIN ROLLING HILLS RANCH, LLC
A Delaware limited liability company
By: McMillin Management Services, LP,
a California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
a California limited corporation
Its: General Partner
By: 1d613--
Its: ~~
By:
Its: " ,fl.
w
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On February 24. 2004 ,before me, Ann M. Futo. Notary Public personally appeared
Dave Gatzke and Frank Zaidle , personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~ '-wlJJo
@ ANN M FUTO
~:"' ....\ COMM.# 1289207 65
~ ;~.. 0 NOTARY PUBlIC-GALIFORNIA :E
Z" SMI nlEGO COUNTY -'-
~""'I-."_.c(Þlr~
-,-",..."'>,,?o.,
This area for official notarial seal
Title of Document Maintenance and Operation of the Proctor Valley Road SewaQe Pump Station
Date of Document No. of Pages
Other signatures not acknowledged
Notary Form-2 McMillin Companies
LIST OF EXHIBITS
Exhibit A ----- Legal Description (Rolling Hills Ranch Subarea
III)
Exhibit B ---- List of Improvement Securities; purpose and amount
Exhibi t C -- - - - PROCTOR VALLEY ROAD SEWAGE PUMP STATION Location
9
-'
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 1 THROUGH 12 INCLUSIVE, LOTS "H" THROUGH "l" INCLUSIVE, LOTS t'Mo
THROUGH "FF" INCLUSIVE AND LOTS "0" AND "/I" OF CHULA VISTA TRACT NO. 92-02A,
ROLLING HILLS RANCH SUBAREA III, "A" MAP, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY -' 2004,
g~ #. ¿¿¡¿ 2-/2.2Dö.rf-
DAVID W. AMBLER 'L.S.7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 1 OF 1
:os M:\1941\O57\l,agal Descriptions\A16 A Map Private Lots.doc
WO 1941-57 2/11104
.#'
-_._~.._..__... """
EXHIBIT "B"
Improvement Securities
$280,930.00 for
Faithful Chula Vista
Sewer Pump Station Performance, 2125302 Drawing Nos.
Maintenance $280,930.00 for 04011/ Building
Material and Permit No.
labor
11
/'
Exhibit "C"
ROLLING HILLS RANCH
SUBAREA III "A" MAP
F
10
11
H
IRON GATE LANE
G
C
Procter Valley Pump Station
~
. HUNSAKER ~
~ f\~,~9~~ YES
a 1000 2000 3000
PlANNING 10m Huennekens Street ~ I I
ENGINEERING San Diego, Ca 92121 SCALE 1" = 1 000 .
SURVEYING PH(858)558.4500. fX(858)558.1414
R:\OJ82\&Map\RHR SUB A J CITY OVERLAY.dwg[ 1275]Jan-18-2004:07:J6 - w.O. 1941-57
RESOLUTION NO. 2004-
RESOLUTION APPROVING A GRANT OF
EASEMENTS AND MAINTENANCE
AGREEMENT, BETWEEN MCMILLIN
ROLLING HILLS RANCH LLC AND THE CITY
OF CHULA VISTA FOR THE MAINTENANCE
OF PUBLIC RIGHT OF WAY WITHIN
ROLLING HILLS RANCH SUBAREA III 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, there are some areas of public right of way that will be
maintained by the HOA; and
WHEREAS, the agreement and grant of easements sets forth the obligations of
the HOA in maintaining the public right of way; and
WHEREAS, the HOA will maintain open space lots that are not for the
preservation of the habitat; and
WHEREAS, staff believes that the proposed agreement will guarantee the
maintenance of the aforementioned private improvements and recommends Council
approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of
Chula Vista does hereby approve the Grant of Easements and Maintenance
Agreement, between McMillin Rolling Hills Ranch LLC and the City of Chula Vista
for the maintenance of public right of way within Rolling Hills Ranch Subarea III, a
copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is
hereby authorized and directed to execute said agreements for and on behalf of the
City of Chula Vista.
Presented by Approved as to form by
~(~
Jack Griffin Ann e cJ
Director of General Services City Attorney
J:Attoll1ey\Reso\Easell1ents\Rolling Hills Ranch Subarea III
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
cY~ - (])zÆ -~
?ëJ Ann Moore
City Attorney
Dated: ~ - 2-fo -- 0 Lj
Grant of Easements and Maintenance Agreement
Between McMilllin Rolling Hills Ranch LLC and
City of Chula Vista for the maintenance
Of public right of way within Rolling
Hills Ranch Subarea III
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk
City of Chula Vista
276 Fourth A venue
Chula Vista, CA 91910
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
(DEDICA TED EASEMENTS)
CHULA VISTA TRACT NO. 92-02A
TillS GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement")
is made this - day of ,20_, by and between the CITY OF CHULA VISTA,
a municipal corporation ("City"), and McMILLIN ROLLING HILLS RANCH, LLC, a Delaware limited
liability company ("McMillin RHR").
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described in Exhibit A attached hereto and incorporated herein
("Property"). The Property is part of a planned residential development project commonly known
as "Salt Creek Ranch" also known as "Rolling Hills Ranch."
B. McMillin RHR is the owner ofthe Property. McMillin RHR acquired the Property
from Pacific Bay Properties, a California corporation ("Pacific Bay").
C. In order for City to have assurance thatthe maintenance of Rolling Hills Ranch's open
space areas and thoroughfare median areas will be provided for, Pacific Bay as Declarant established
the Rolling Hills Ranch Community Association ("Association") pursuant to the Declaration of
Covenants, Conditions and Restrictions and Grant of Easements for Rolling Hills Ranch ("Declaration")
recorded in the Official Records of the San Diego County Recorder's Office on June II, 1998, as
Document No. 1998-0354211 and as amended thereafter. The Declaration allows and provides for
the maintenance of the open space and thoroughfare median areas by the Association.
D. Pacific Bay assigned its rights as "Declarant" under the Declaration to McMillin RHR
by an instrument recorded March 28, 2002 as Instrument No. 2002-0263134 in the Official Records
of San Diego County, California.
Rolling Hills Ranch 9-12 -1- 045600-0108247255.2
E. The Property is or will become covered by the certain fmal map( s) (the "Final Maps")
described on Exhibit" A" attached hereto and referenced in the title to this Agreement.
F. In order for McMillin RHR 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 McMillin
RHR entered into a Supplemental Subdivision Improvement Agreement, in which McMillin RHR
agreed that maintenance of such areas shall be accomplished by the creation of a home owners
association. The areas described on Exhibit "B-1" attached hereto and shown on Exhibit "B-2"
attached hereto (" Association Maintained Public Areas") 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 Association.
G. The City desires to grant to McMillin RHR easements for landscape maintenance
purposes upon, over and across the Association Maintained Public Areas in order to facilitate the
obligations of McMillin RHR as set forth in Supplemental Subdivision Improvement Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
1. Grant of Easements. City hereby grants to McMillin RHR and its agents, successors
and assigns, non-exclusive easements and right-of-way over and across the Association Maintained
Public Areas for the purpose of maintaining, repairing and replacing the landscaping improvements
located thereon.
2. Maintenance Obli~ations.
(a) McMillin RHR to Initially Maintain. McMillin RHR hereby covenants and
agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired
or replaced, those improvements within the Association Maintained Public Areas which are described
on Exhibit" C" attached hereto, at a level equal to or better than the level of maintenance performed
by the City or imposed by the City on other similar public areas. Landscape maintenance shall be
at a level equal to or better than the level of maintenance which is acceptable to the Director of Public
Works Operations, at his/her sole discretion and equivalent to City or Community Facilities District
maintained right-of-way facilities. For purposes of this Agreement, the term "Maintenance" or
"Maintain" shall mean the maintenance, repair, the provision of irrigation water and replacement of
the Association Maintained Public Areas and shall also include repair and replacement at no cost to
the City of any City owned property that is damaged during perfonnance of the maintenance
responsibilities pursuant to this Agreement. Exhibit "c" also refers to the maintenance responsibilities
of the City.
(b) Transfer to Association. McMillin RHR represents to City that it intends to,
and has the authority to, unilaterally transfer said Maintenance obligations either (i) to the Association,
and that such transfer has been provided for in the Declaration, and that such document( s) include
the provisions described in Paragraph 3(a)(ii) below, or alternatively (ii) to a new homeowners
association (the "New Association ") established for maintenance of the open space and thoroughfare
median areas in the Property, and that such transfer shall be provided for in the declaration of restrictions
Rolling Hil/s Ranch 9-/1 -2- 045600-0108247255.2
(the "New Declaration") for the New Association, and that suchdocument(s) shall include the provisions
described in Paragraph 3 (a)( ii) below. References below in this Agreement to the" Association" shall
include the New Association and "Declaration" shall include the New Declaration if McMillin RHR
elects to form a new homeowners association for the Property.
3. Assi~nment and Release.
(a) Assignment. Upon McMillin RHR's transfer of the Maintenance obligations
to the Association, it is intended by the parties that the Association shall perform the Maintenance
obligations either by its own forces or by contractors. Such transfer will release McMillin RHR from
all of its obligations under this Agreement only if all of the following occur:
(i) Association Accepts Obligation. The Association has unconditionally
accepted and assumed all of McMillin RHR's obligations under this Agreement in writing and such
assignment provides that the Burden of this Agreement remains a covenant running with the land
and the assignee expressly assumes the obligations of McMillin RHR under this Agreement. The
assignment shall also have been approved by the appropriate governing body of the Association by
resolution or similar procedural method and approved as to form and content by the City Attorney.
The City Attorney shall not unreasonably withhold its consent to such assignment.
(ii) Declaration. City has confirmed that there have been no modifications
to the recorded Declaration previously approved by City, which contained the following provisions:
the Association shall be responsible for complying with all the terms and obligations of this Agreement,
the Association shall be responsible for the Maintenance of the Maintenance Area in accordance with
the Landscape Plan, the Association shall indemnify City for all claims, demands, causes of action,
liability or loss related to or arising from the Maintenance activities, and the Association shall not
seek to be released by City from the obligations ofthis Agreement, without the prior consent of City
and one hundred percent (l00%) of the holders of first mortgages or owners of the Property.
(iii) Association Insurance. The Association procures and formallyresolves
to maintain at its sole cost and expense, commencing upon City's release of all of McMillin RHR's
landscape maintenance bonds, 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. The insurer issuing such insurance shall have a rating of "A, Class VII" or better with no modified
occurrences and as admitted by Best's Insurance Guide. Said insurance shall be primary insurance
and shall name City, its officers, employees and agents as additional insureds. The Association shall
provide City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance
obligations herein.
(b) Release. When all conditions precedent in Paragraph3(a) above are fulfilled,
McMillin RHR shall be released from its obligations under this Agreement, including its security
and insurance requirements. McMillin RHR acknowledges that it has a contractual obligation to perform
the terms and conditions of this Agreement until and unless released by City from this Agreement.
At least sixty (60) days prior to such transfer, McMillin RHR shall give notice to City of McMillin
RHR's intent to transfer its Maintenance obligations herein and provide City the appropriate documents
listed in Paragraph 3(a) above.
Rolling Hills Ranch 9-/2 -3- 045600-0108247255.2
"
-
4. McMillin RHR Insurance. McMillin RHR agrees to procure and fonnally resolves
to maintain at its sole cost and expense, commencing no later than the date that both the City's landscape
architect of record and City landscape inspection staff agree in writing that all installation work has
been completed and that the landscaping has been established, a policy of public liability insurance
that would include, but is not limited to the following:
(a) General Liability Insurance. McMillin RHR shall obtain a comprehensive general
liability and property damage insurance policy insuring McMillin RHR against liability incident to
ownership or use of the 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 "A, Class V" or better with 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 ofChula Vista shall be named as an additionally insured party to such
insurance pursuant to the City's requirements McMillin RHR do so;
(ii) The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(iii) The policy shall contain the following severability clause (or language which
is substantially the same): "The coverage shall apply separately to each insured
except with respect to the limits ofliability."
McMillin RHR shall provide the City with a Certificate of Insurance upon procurement ofthe policy
as set forth above.
5. Indemnity. McMillin RHR shall defend, indemnify and hold hannless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to persons or property,
costs including attorney's fees, penalties, obligations, en-ors, omissions, demands, liability, or loss
of any sort (herein II claims or liabilities "), that may be asserted or claimed by any person, firm, or
entity because of or arising out of or in connection with the use, maintenance, or repair of the
Maintenance Area. McMillin RHR shall not have any liability under this section by reason of the
Transferee's failure to maintain.
6. Indemnity If Transferee. The document whereby McMillin RHR transfers a
Maintenance obligation to a Transferee shall be signed by both McMillin RHR and the Transferee
and shall set forth an express assumption of Maintenance and other obligations hereunder and shall
include the following indemnification provision:
Indemnitv. The Transferee shall defend, indemnify, and hold harmless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to
persons or property, costs including attorney's fees, penalties, obligations, errors,
omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), 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
Rolling Hills Ranch 9-/2 -4- 045600-0108247255.2
w
Indemnity by reason of another party's failure to maintain. It is specifically intended
that the City shall have the right to enforce this Indemnity. This Indemnity may not
be amended without the written consent of the City Director of Planning and Building
or City Attorney.
7. Aereement Ap~>licable 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 until released by the mutual consent of the parties.
(b) Agreement Runs With the Land. The burden of the covenants contained in
this Agreement ("Burden") touches and concerns the Property and shall be binding upon, and run
with, the ownership of the Property for which it burdens. The Burden is for the benefit of the Property
and Ci ty, 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 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, City shall have the
right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this
Agreement and the covenants may be entitled.
8. Governine Law. This Agreement shall be governed and construed in accordance with
the laws of the State of California.
9. Effective Date. The terms and conditions ofthis Agreement shall be effective as of
the date this Agreement is recorded in the Official Records of the San Diego Recorder's Office.
10. Counterparts. This Agreement may be executed in any number of counterparts, each
of which shall be original and all of which shall constitute one and the same document.
11. Recording. The parties hereto shall cause this Agreement to be recorded in the Official
Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has
been approved by the City Council.
12. Miscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered and received when personally delivered
to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed
following deposit in the 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:
Rolling Hills Ronch 9-12 -5- 045600-0108247255.2
CITY OF CHUrA VlST A
Department of Public WorkslEngineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
McMILLIN ROLLING HILLS RANCH, LLC
2727 Hoover Avenue
National City, California 91950
Attn: Project Manager
(b) Captions. Captions in this Agreement are inserted for convenience of reference
and do not defined, describe or limit the scope or intent of this Agreement or any of its tenus.
(c) Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding the
subject matter hereof, and any and all prior or contemporaneous oral or written representations,
agreements, understandings and/or statements shall be of no force and effect. This Agreement is not
intended to supersede or amend any other agreement between the parties unless expressly noted.
(d) Recitals: Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, McMillin RHR, its agents and employees, shall comply with any and all applicable federal,
state and local laws, regulations, ordinances, policies, pennits and approvals.
(t) Authority of Signatories. Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and capacity and direction from its principal
to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to
enable said signatory to enter into this Agreement.
(g) Modification. This Agreement may not be modified, tenninated or rescinded,
in whole orin 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.
(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 tenn, covenant or condition to persons
or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected
thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent
pennitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or drafting ofthis
Agreement.
RollingHil/sRonch 9-/2 -6- 045600-0108247255.2
IN WITNES S WHEREOF, the parties hereto have duly executed this Agreement to be executed
the day and year first hereinabove set forth.
CITY OF CHOLA VISTA McMILLIN ROLLING HILLS RANCH,
LLC, a Delaware limited liability company
By: McMillin Management Services, LP.
a California limited partnership, Manager
Stephen Padilla, Mayor
By: Corky McMillin Construction
Services, Inc. , a California
corporation eneral Partner
;, 4'
Title \<:3- . ~,öi.N ~
By 4~ ì:3~
Title \lIte. f ~t;-WJ&vr .
Attest:
City Clerk
Approved as to fonn:
Ann Y. Moore, City Attorney
Rolling lIiIIs Ranch 9-12 -7- 045600-0108242982.4
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On d(.h. d (J , 20Q:L before me, E B í cb\ ,
Notary Public in and for. said State, personally appeared _DeniÎ/s Ë. Cucc.a.JC:Se.
an J. f r <:en ~ 'ZGud \e
,
personally known to me (GLprgyed to m@ em the ba si¡¡ of satisfactol y-evidenee) to be the person( s)
whose name(s) i:~are subscribed to the within instrument and acknowledged to me that ~/they
executed the same in hi:s/heì/their authorized capacity(ies), and that byirisfheFJtheir 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.
Signatured) .l3ta/ L (Seal)
.../
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On ,20_ , before me, ,
Notary Public in and for said State, personally appeared
,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature (Seal)
Rolling lfills Ralleh 9-12 -8- 045600-0108242982.4
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 1 THROUGH 12 INCLUSIVE, LOTS "A" THROUGH "Z" INCLUSIVE AND LOTS I'M"
THROUGH "HH" INCLUSIVE, TOGETHER WITH PUBLIC STREETS PROCTOR VALLEY
ROAD, AGUA VISTA DRIVE, COASTAL HILLS DRIVE, BUTIERFLYWAY AND IRON GATE
LANE OF CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH SUBAREA III, "A"
MAP, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY -' 2004.
1l~1 æ/liL Z-/f)-Zoe>+
DAVID W. AMBLER L.S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 1 OF 1
:os M:\1941\057\Legal Descriptions\A15 A Map Council Legal.doc
WO 1941-57 2/19/04
EXHIBIT "B-1"
LEGAL DESCRIPTION
PROCTOR VALLEY ROAD
A 20.00 FOOT WIDE STRIP OF LAND WITHIN THAT PORTION OF PROCTOR VALLEY
ROAD DEDICATED PER SAID MAP NO. LYING ADJACENT TO AND
ADJOINING LOT "A", "P" AND "Q", TOGETHER WITH THAT STRIP OF STREET MEDIAN
LYING WITHIN SAID PROCTOR VALLEY ROAD.
AGUA VISTA DRIVE
A 10.00 FOOT WIDE STRIP OF LAND WITHIN THAT PORTION OF AGUA VISTA DRIVE
DEDICATED PER SAID MAP NO. LYING ADJACENT TO AND ADJOINING
LOTS "A", "B", "0", "L", "M", "N", "P", "Q", "BB", "CC" AND 9.
A 10.00 FOOT WIDE STRIP OF LAND LYING SOUTHERLY OF FUTURE MORNING CREEK
COURT, WITHIN THAT PORTION OF AGUA VISTA DRIVE DEDICATED PER SAID MAP NO.
AND ADJACENT TO AND ADJOINING LOT 6 OF SAID MAP.
COASTAL HILLS DRIVE
A 10.00 FOOT WIDE STRIP OF LAND WITHIN THAT PORTION OF COASTAL HILLS DRIVE
DEDICATED PER SAID MAP NO. LYING ADJACENT TO AND ADJOINING
LOTS "I", "Q", "R", "Z", "M", "CC", AND 11.
IRON GATE LANE
A 10.00 FOOT WIDE STRIP OF LAND WITHIN THAT PORTION OF IRON GATE LANE
DEDICATED PER SAID MAP NO. LYING ADJACENT TO AND ADJOINING LOT
"I", "S" AND "T".
A) cL I ø. d/L Z-/~ -20<:>4-
DAVID W. AMBLER L.S. 7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 1 OF 1
:os M:\1941\O57\Legal Descriptions\A14 HOA MAINT DOC A MAP.doc
WO 1413-46 2/19/04
II j >"C //-
~~ ~" ~ ----8-
~<'z .. ~
,- z ~
~z~z I
"SC"I C"I C"I
:¡; ,Pi ~ : ~::r::
Do;-O'" z",,-C
~ ~ ¡;;. ::I: ....- Z .... ......
) -""ij¡ °UJ -"".....
~f~~ :UJUJ ê:¡§?
I:::S:~ "0>- :-
.!!:'?~~ .on~ ~:s:
~¡¡ [ -~tT1 »'2'
~š - z>-~ ~~
~. o....¡ "õ< c
'" ~ ¡r) -< i'j iJ>.
c~ v" ~~
¡; 0 ~J: tI¡
~ ~~ ~
~ " .... ~ n
1 '" '" ~~ t-< t:r::
~ ~ ~ Þ: ~
7 ~ D R ¡;
~ o,,~ t-<
2 a ~ r^ ~
'. 'V VJ <:
i? tr) ...... '-...04
0 ~ ~ ~
~ -; :4. ~ ~ rr; ..,¡ ¡:s
"::, At\, . V) :> .......
- 0... Æ" -,- U.J
~ 0 0 'V ~ '"'I ......
~ 0 y ~~>-,3
~ -,.C"J ~
. è¡>-3t:¡j
m ~. Z I
is ~ ~ N
...
~ ...
N
~ I
~ g
~ §: >
;:s
CIj
~
~
.
~
~
....
~
0" ---ç "
0) ~~
~.
<5"",z
~CQ"" "'-
I\i:;,;¡¡¡ç
-m m Z ~
~~~~ ~
~~~~
"t5
:t"";:'õ ~(/)...,....
~~ ~:¡;¡ > ¡c..,....¡....
~SÆ'I Z>C
~¡¡¡'j33 oC/)Z
~~Q~ -;'C/)C/)
~'?~å nO>
~.iR~~ PO?':
~~ ~ >--<tT1
!IJ~ - ;>::D
:!¡~ n>-J
a¡: tT1
!'> C/)
Q.
~
-...
~
~
~
"'"
I
~
a
a
~
~ n
~ ~
I ~
::¡;:
~ 0 ~
....
r~ I ~ <~
~~ ~~
~ W ~
:b.:r: ~ ~
V) N ~§? > 1--4
-,..;. UJ :;;;,.0 ~
-t.... 0 110 :IJ~ u..;
r-..-.; » UN );;:);;: ""- .......:I
rtl ~f~' ~p~ ~ '-:J 1--4
-J 1,-,.'.'..'.." ~ ~ Ç:) =::d ~
~- ~ ~~ N >
<: ~- . ~~ ~ ~ n \8
~ 0 f, ~ ~~ ~~ ~ bj\8
0 ~O -,t:'ì I..J
. 0 c:::; t--t
-... C) 'h: I..J Z I
~< ~ 0
~ . N
~ \8
/~ \8
l\j
g ~ I
0 tI:f Y'> 0
tl{ ~~
~
m ~
CD <:
~
c..,¡
(")
~
, '~~ ~
I\)
~
(J'
~"
~
~
~of)
~. ~ ~c:;
"§~~." ~ <\: Y1
~:<~~ ... (\\<p. ~
-~:;g~
~ z z z
.g""" $~
-S:l~s :~::r:: ~ û) ~
§2~:?~ z»C G
'tJ""¿:ffi oC/)Z .~!:'i
~î;.,~ -C/)C/) rr-¡
~g~~ ~O» -.¡
~~~~ POi": <:/
- '" .......... tT1
~~ ~ ;»~
~::::: n>--J ~(J
:!¡~ tT1 ~~~
¡:;:~ C/)
"-
'"
:Q.,
f\; ::
~ (") n
;, n
~ ::q
I ::
- c::
-
I
'" ~
~ ::
~ t::I <:t:IJ
6::
I t:J ~:x:
~
~ ~ ~~
~
<õ > ~
~ :: bj
I ~
U, ~ ~
"
~ ~Þ-3
~
>
n '-8
~ '-8
to
Z I
0
. N
'-8
I:D '-8
I l\:)
I
> 0
À:t: l\:)
Eq ꧧ? >
tV ~~ OJ ~
a
rti a =b~
~ ::.:;~ rti
~--
~ -<:~ ~
~ : ~c::J
II ~~ ~
-.¡ tV '--ii:j
a .þ.
a a ~
<: - a ~<
~ ~ ~
-<:
~ \1151/\
~
Ci> ~ ~
a .ãC1
a ~ ~
c....
:: ~
~ 0.,
" " fi'-= <- -
!~h ~ /' - SEE SHEET NO.5
~~~~ -
~ ~
~.,,~~ ~r;-,...
!;)Ã ~:;:j > ~-,...J..... ~
:¡¡;¡¡: 9 '" z C v
~_~I >- v
~~9~ o(f)Z t::)
,"no> -r"r"
~~"' ~ m '-'J'-'J t::)
~8::¡ã "0>- v
~*':::~ P(')/"': v
~¡¡: ~ ->-<t:T1
~ z>-7J
~c¡o ">--J
;;:~ tT1
,... (f)
co.
~
:Q.,
;;:; :: ::
~ > ~
~ > ~
I ::
-
I
I\>
c::.
~ n
~ ~
~ e
~ ~
~ :>
~ <~
~ ~ ~
~ 00 ~
I ~~
:>~
OJ
~~ ~ ~
Y) ê3~ ~ ~
~ }!~ n
"I ~~p: ~ ~
~~ OJ
~ ~~ ~ Z
!:'i 3?~ OJ:: ~ 0 I
rr-¡ ~~ d ;:s. N
~ ~~ :: ~ ~~ 0 ~
<: ~~ ~ ~ ~
~ ~ ~ I
"' ~ ~ 0
~ 0 N
~ N:>
.Q" UJ 0
~ ~ ~ 0
fT1
.....
Þ, II:
-r~~ N
~ 8 ~
'::( . 0
-Ò~
0>
0
0 ~
~
v ~
~ " ',¡c~ ~
:'9 II ~
!::> m 0
~~ ~ ~ ~- " ~ c
~ ~ ~ ~
~~ ~ ~
~-O¡;:'i5 ~().,~ I to
!:>:r ,,~ > ~-........
::&~ 9 ~ z C ~
"'tJ*JiJ if >- ""'-I
~g;9~ oC/)Z No --....... io-:I
t;Qii -C/)C/) tfJ -""...... '~
~o '" ~ m 0"'-- (") 0 ~~ ~
_o~" C) ........» '-J-"" ¡..;;¡
~R~~ pn~ r :LJ¡¡: ~
~ ~ :g - ,....-q-rj fT1 ::t>: ::¡;: ~ /'
!1>BT - Z >-7J ~ ~~ ~ /
:x:~ n-J ; ~:;;! ¡,.,:; .-/
""'::: tT1 II :b:~...-' ~
~... C/) N --<['1 ~ ./
Q.. o.¡::. =tJ~ ./
'E 0 0 --
:Q., .. 0 ~~ ~
~ ~~~,
~ ~ ~
~ a::¡;: ~
~ ~~ ~
<r ~ !'
I --<
~ m 0
~ a ~
". a
~ v
~ W ~
I :: !-I-t t-'4
~ ~ ~
!:>
~ a ~~
T N ~ ~~
~ w
~ ~ ~~
::t:.: >~
t;3~ ~ ~
~~
~
0
~ :;
OJ
úJ Z I
~N
...
~ ...
l\:)
(") I
0 0
~ l\:)
~ ~ ~
~ ~
'c"
~ ~
~:: ~
tj ~t'\
~ q ~ ~
~ ~ ::
~ . N
- <: >::::
-0 :>
. ~
~ ~
~
(n
~
SEE SHEET NO.4 (n
EXHIBIT "C"
Maintenance Responsibilities
City of Chula Vista
Area HOA Maintenance Maintenance
Median and parkways within Landscaping in the medians Maintenance of curb, gutter,
those portions of those public and parkways including sidewalks and pavement.
road shown on Exhibit "B" irrigation, trimming and
pruning of trees, and
maintenance and irrigation of
turf areas.
DS:DS m:119411057\legal dascrlpllonsla17 exhibit c.doc
w.o.1941-Sl 2/11/04 !0:29AM
II" 13
COUNCIL AGENDA STATEMENT
Item No.: l~
Meeting Date: 3/2/04
ITEM TITLE: Report and presentation on the draft Regional Comprehensive PIan for the
San Diego Region
SUBMITTED BY: Director of PI=:g ,::d Bllildinf
REVIEWED BY: City Managerqfcl 9 \ (4/5ths Vote: Yes_NolO
The draft Regional Comprehensive Plan (RCP) for the San Diego Region is currently undergoing
review, and the San Diego Association ofGovemments (SANDAG) is making a presentation on the
draft pIan to the City Council. All jurisdictions in the region are being asked to comment on the draft
plan. The RCP's main purpose is to strengthen the connection between land use and transportation
planning, and between local and regional planning efforts. This emphasis is important to several City
ofChula Vista programs, including the City's General Plan Update.
RECOMMENDATION: That the City Council accept the report on the draft Regional
Comprehensive Plan for the San Diego Region, add any comments they would like to make on the
draft pIan, and authorize the Mayor to sign the proposed comment letter to SANDAG on behalf of
the City.
BOARDS/COMMISSIONS RECOMMENDATION: N/ A.
DISCUSSION
The SANDAG Board of Directors has unanimously accepted the draft Regional Comprehensive
Plan, and authorized its release for public review. This review effectively consists of two phases. The
first involves SANDAG making presentations to local elected officials and other groups to increase
understanding and awareness, respond to questions, and encourage dialog on the plan. Tonight's
presentation and discussion provides an opportunity for the City Council to lend their perspective
and comment on the draft plan. SANDAG is not requesting any City Council action at this time.
Once the collective comments on the draft RCP have been received, SANDAG will finalize the
document and an EIR for action by the SANDAG Board, which is anticipated by June 2004.
Draft Regional Comprehensive Plan
With nearly a million new residents projected for the San Diego Region between 2000 and the year
2030, tremendous challenges are faced in meeting the demand for housing, jobs, transportation, open
space, and meeting other needs associated with this growth. The Regional Comprehensive Plan
(RCP) establishes a new approach for planning in the region. This approach is based upon a
Page 2, Item No.: If).
Meeting Date: 3/2/04
planning framework that parallels the framework used by cities and counties in preparing their
general plans, and a policy framework that focuses on connecting local and regional transportation
and land use plans, and creating incentives that promote "smart growth" planning and actions
throughout the region. The RCP is designed to improve the connection between land use and
transportation plans, provide a framework for consistent local and regional planning efforts, employ
land use and transportation plans to guide other plans, and provide incentives and opportunities for
collaborative efforts to carry out the plan. Attachment A provides a brief fact sheet on the RCP,
along with the RCP Executive Summary.
Among the hallmarks ofthe RCP are:
. Emphasis on participation from a broad range of interests,
. Directing growth to urban areas, using transportation funding as an incentive to encourage smart
growth,
. Using land use and transportation to guide other infrastructure investments, and
. To actively engage regional neighbors and tribal governments.
SANDAG is responsible for programming federal, state and local (TransNet) transportation funds in
the San Diego Region. Through the RCP, SANDAG will provide funding incentives to communities
that have or are willing to adopt land use plans that support smart growth.
The strategy for implementing the RCP rests on three main building blocks:
. Policy Objectives to be incorporated into local and regional plans;
. Actions to be taken within certain time frames by various agencies and stakeholders (including
10caljurisdictions) to implement the ideas contained in the RCP and secure necessary funding
sources; and
. Compacts, which are agreements among the various stakeholders to implement the key actions
identified in the plan.
City of Chula Vista representatives have actively participated in development of the Regional
Comprehensive Plan. In addition to the Mayor serving on the SANDAG Board of Directors,
Councilmember Davis, the City's representative on the Regional Planning Committee, has also
served as Chair ofthe broad based Regional Planning Stakeholders Working Group, which assisted
preparation of the RCP. City staff members have continually taken part in the Regional Planning
Technical Working Group (consisting of the region's planning directors and their designees) and
other subcommittees involved in preparation ofthe Draft RCP. Citizen representatives from Chula
Vista have served on the Stakeholders Working Group.
0..
Page 3, Item No.: 1/2
Meeting Date: 3/2/04
The Regional Comprehensive Plan and the City's General Plan Update
The core values reflected in the Regional Comprehensive Plan have much in common with the City
Council's Strategic Themes, as well as the major themes from the City's General Plan Update Vision
and Goals. The overall organization and focus of the draft Regional Comprehensive Plan closely
parallels these core values as illustrated in the following table:
Connected, Balanced & Cohesive
Communi
Trans ortation
Housin
Economic Prosperity
Public Facilities High Quality Community Services Diverse Cultural, Educational and
Recreational ortunities
Health Environment Health & Sustainable Environment
Integrated Regional Infrastructure Effective Growth Management & Cost Effective Government & Fiscal
Strate I lementation Stabili
Borders
The direction ofthe City's General Plan Update supports many of the Regional Comprehensive Plan
policy objectives and smart growth principles. For example, the joint South Bay Transit First Study
integrates transit and land use planning for Chula Vista and the South San Diego Bay area. It links
transit with key existing and planned activity centers. The South Bay Transit First Study sets a
foundation for the arrangement ofland uses in the General Plan Update. The "Tier One" network of
priority transit projects identified through the South Bay Transit First Study was a key input in the
General Plan Update land use and transportation analysis, and is reflected in identification of
planning opportunity areas used in developing the proposed alternatives currently under review.
Some adjustments in route alignments and station locations have been identified to better link
proposed transit supportive land use with the transit network envisioned.
The General Plan Update presents an opportunity to complement the RCP through land use
designations that promote smart growth principles and through policies that further the policy
obj ectives ofthe RCP. The General Plan Update alternatives analysis is currently testing the impacts
and feasibility of a range of proposed land use changes in a series of subdistricts. The City of Chula
Vista has accommodated an increasing and substantial share of regional growth, and has a Growth
Management Program in place to address this growth at a local level. The Regional Comprehensive
Plan provides a potential bridge for addressing growth from a broader regional perspective,
particularly through the Integrated Regional InfTastructure Strategy (IRIS).
~
Page 4, Item No.: I~
Meeting Date: 3/2/04
In addition to the General Plan Update, the RCP also interfaces with other city programs, including
the Urban Core Specific Plan, other initiatives in western Chula Vista, the Economic Development
Strategy, the Multiple Species Conservation Program, and various public facility master plans and
strategic plans.
City Comments
A draft comment letter prepared by City of Chula Vista staff is attached (Attachment B). The main
thrust of the letter is to support the RCP, while emphasizing the importance of an accompanying
regional commitment to prioritizing regional resource allocation in those areas and jurisdictions that
subscribe to and further the Regional Comprehensive Plan's objectives. If Chula Vista is to
effectively support the tenets ofthe RCP, a firm commitment to meeting regional facility and service
needs associated with accommodating infill and intensification is essential. Staff is recommending
that the City Council authorize staffto transmit the comment letter to SANDAG. The City Council
should indicate to staff any desired additional comments that are not reflected in the proposed letter.
Next Steps
Major benchmarks in the RCP adoption schedule include:
. March 26, 2004: Release of Draft Environmental Impact Report (EIR)
. April- mid-May: Public workshops on Draft RCP and EIR
. June 25,2004: Certification of Final EIR and adoption ofRCP
The draft Regional Comprehensive Plan references several important areas that require attention
prior to completion and adoption of the final plan. These have been termed "early actions", and
include such efforts as:
. Refining a concept map of Smart Growth Opportunity Areas,
. Preparing guidelines for incorporating these areas in local general plans and community plans,
. Establishing guidelines for a Smart Growth Incentive Program,
. Developing a regional funding program for the 2030 Mobility Network (finishing a TransNet
expenditure plan), and
. Developing guidelines for transportation corridor and network studies and subregional
transportation and land use plans.
Two working groups have been established to monitor this effort - a Smart Growth Working Group
and an Ad Hoc Working Group. The efforts ofthese groups will feed into critical tasks in progress
over the coming months, and staff from the City Planning and Engineering Divisions are active
participants on both groups. City representatives who are part ofthe SANDAG and RCP committee
structure will continue to participate in these forums. Staff will also continue to update the City
-
Page 5, Item No.: I~
Meeting Date: 3/2/04
Council on the overall plan.
FISCAL IMPACT: None. This is an informational presentation only.
Attachments
A. SANDAG Regional Comprehensive Plan Fact Sheet and Executive Summary
B. Draft City Comment Letter on the Regional Comprehensive Plan
J : \Planning\MarkS \CCAgendaS tatemen tSAND A G RCPO 3 -02 -04 Rev. doc
11~¡I~lt~~aJ~JI1~'~'tl§~~~~~iLi!l¡i!¡~j!
Our Vision.
Our Future.
More than one year in the making, the draft Regional Comprehensive Plan for the San
Diego region is available for review and comment. The plan will serve as the foundation
for integrating land uses, transportation systems, infrastructure needs, and public
investment strategies for the San Diego region.
The Regional Comprehensive Plan (RCP) serves as the long-term planning framework
for the San Diego region. It defines a vision and provides a framework to connect local
and regional policy decisions that support our shared vision of the future. It balances
population, housing, and employment growth with habitat preservation. agriculture,
open space, and infrastructure needs. It moves us toward a more sustainable future - a
future with more choices and opportunities for all our residents.
During the past year and a half, citizens, elected officials, stakeholders from throughout
the region, and regional infrastructure providers have been working together with
SANDAG to prepare the draft RCP and one of its key components, the Integrated
Regional Infrastructure Strategy ORIS). The IRIS is an investment strategy that will help
the region meet its collective infrastructure needs.
The RCP emphasizes the critical link between transportation and land use planning
and development, and demonstrates how these connections can be strengthened. It
calls for focusing transportation and other infrastructure investments in smart growth
opportunity areas, introducing an incentive-based approach to achieving our urban form
goals and meeting our infrastructure needs.
The RCP looks beyond our borders and takes into account the planning and growth
underway in Imperial. Orange. and Riverside counties as well as in Baja California,
Mexico. It looks at the equity in our planning processes: do all communities have access
to the region's resources and do all residents have an equal opportunity to participate in
the process.
The SANDAG Board unanimously approved the document for distribution in December
2003. An initial round of comments is underway on the draft RCP and will be accepted
through March 1, 2004. Comments received through March 1 will be considered for
the draft Environmental Impact Report (EIR). The final document will be presented to
SANDAG Directors in June 2004. For more information on the RCP or to review and
comment on the draft Plan, visit www/sandagorg/rcp or call (619) 595-5300.
(Over)
A TI Ac H- W1 EM T 'A'
.
- '
-.:.. . I" .' It,
REGIONAL COMPREHENSIVE PLAN
-~~~~~t i v~~~m,!!l!.!~___------------ ------------------------------------------------- --- -------
Prosperity. Though we often think of it in economic terms, its true definition is "to succeed, thrive
and grow." The Regional Comprehensive Plan is comprehensive, bold and ambitious, yet it can be
reduced to a single, unifying theme, that of prosperity.
Equitable, environmental, and economic prosperity are not short-term achievements. Thriving
communities are built upon firm foundations laid by prior generations. That's why the Regional
Comprehensive Plan was prepared, to ensure that we strengthen, not erode, the foundation of
prosperity for our generation and those to come.
Abraham Lincoln said, "You cannot escape the responsibility of tomorrow by evading it today." As
citizens of the greater San Diego region, we all share the responsibility for tomorrow. But what
should that tomorrow look like? Many would say: less traffic, more home ownership, great schools,
better transit, pristine open space, and a higher standard of living.
These goals are within our reach, but will require bold actions and serious commitment to
upholding effective public policies, making course corrections where needed, and taking risks in the
creation of new programs.
The rewards of such efforts can be great. A regional approach, backed by local commitment, will
make a significant difference in our regional prosperity in 10,20,30 years and beyond.
A REGIONAL FRAMEWORK FOR LOCAL ACTION
The Regional Comprehensive Plan (RCP) is the long-
term planning framework for the San Diego region.
It defines a shared vision of the future and lays a
foundation to connect local and regional policy
decisions and land use and transportation decisions
to achieve that vision.
Based on principles of smart growth and
sustainability, it balances population, housing, and
employment growth with habitat preservation,
agriculture, open space, and infrastructure needs. It
moves us toward a more sustainable future - a future with more choices and opportunities for all
residents of the region.
The Regional Comprehensive Plan is not timid. True to its name, the RCP looks beyond our borders
and factors in the planning and growth underway in Imperial, Orange, and Riverside counties as
well as in Baja California, Mexico. It sheds new light on equity - and inequities - in our planning
processes by asking: do all communities have access to the region's resources and do all residents
have an equal opportunity to participate in the process?
ATTi? H- fv1 &N T 'A/
As our region suffers the impacts of urban sprawl, particularly traffic congestion, the RCP places the
highest priority on better linking future transportation and land use planning decisions, It shows
how these connections can be strengthened and defines smart growth opportunity areas where
these linkages will have the most positive effect.
These transportation and land use linkages can be better achieved with "carrots" rather than
"sticks," The Integrated Regional Infrastructure Strategy, the investment component of the RCP,
will be a key to the region's ability to establish an incentive-based approach to achieve our urban
form goals and meet our infrastructure needs.
Most important, the RCP respects local decision making and
celebrates the unique character of the cities and towns that
make up the San Diego region. The RCP builds upon the best
elements of our existing local general plans and regional
infrastructure plans to provide a regional blueprint for where
and how we want to grow. It provides a viable alternative to
where we will end up if we continue with business as usual.
A SHARED VISION OF THE FUTURE
The RCP was crafted by the citizens of the region and by the 18 cities and county government,
working together as the San Diego Association of Governments (SANDAG),
The RCP is founded on the ideas of thousands of citizens including residents, business owners, and
local public officials, Together. they endorsed the following vision statement for the Regional
Comprehensive Plan:
"To preserve and enhance the San Diego region's unique features - its vibrant and
culturally-diverse communities, its beaches, deserts, mountains, lagoons, bluffs, and
canyons, and its international setting - and promote sustainability, economic prosperity,
and an outstanding quality of life for everyone. "
They also helped to articulate a series of Core Values, referenced throughout the RCP, which guide
the local and regional policy actions recommended in the RCP.
The policy recommendations were heavily shaped by principles of "sustainability" and "smart
growth."
Sustainability means simultaneously meeting our current economic, environmental, and community
needs while also ensuring that we aren't jeopardizing the ability of future generations to meet
their needs. Sustainability also means a commitment to the "Three Es:" Economy, Environment. and
2
Equity--advancing a prosperous Economy, supporting a healthy Environment, and promoting social
Equity. Another important HE" is Environmentaljustice: ensuring that plans, policies, and actions do
not disproportionately affect low income and minority communities.
Smart growth means developing our region in a way that provides more housing and
transportation choices, a greater mixture of land uses, more public spaces, more open space
preservation, more jobs near housing, more urban public facilities, more walkability, and morejobs
and housing near transit, all while reducing land consumption in our rural and agricultural areas
and reinvesting in our existing communities.
More and more of our localjurisdictions and government agencies are incorporating these
principles of smart growth and sustainability into their general plans and policy documents.
That's good news, because our quality of life tomorrow will be determined, in large measure, by
the extent to which we implement these concepts today.
OUR CURRENT PATH
The San Diego region has changed dramatically during the last
hundred years. Our regional population today of 2.9 million is
roughly equal to the population of the entire state of
California a century ago. The region's growth has fluctuated
during economic cycles, but increased the most rapidly in the
last 30 years. This is evidenced by the fact that 62 percent of
the homes in the region were built after 1970.
Our population is growing - and increasingly more from births
than in-migration. SANDAG projects that our regional population will increase by approximately
one million people between 2000 and 2030. Many of those newcomers will be our children and
grandchildren.
As our numbers have increased, the face of our population has changed, as well. Today our regional
population is older and much more ethnically diverse. Consequently, the way we live is changing.
Empty nesters are trading large homes in the suburbs for condominiums in vibrant neighborhood
and urban centers. An estimated 18 percent of our citizens have some form of disability. More
households are made up of single parents with children. Different lifestyles demand different
housing solutions.
We face the challenge of providing housing for a growing and diverse population at the same time
the region is beginning to run out of viable, open land for new development.
As a result of this imbalance of housing supply and demand, home prices are skyrocketing, forcing
many to abandon their dreams of home ownership or move to neighboring areas with lower
housing costs. These people, who teach our children, police our neighborhoods, and bag our
groceries, often become long-distance commuters, and with few transit options, our freeways
become more and more congested. The region is on a slippery slope, hence, the need for a bold
new approach to land use and transportation planning.
3
RCP GOALS AND. OBJECTIVES
. Focusfuture population andjob growth away from rural areas and closer to existing
and plannedjob centers and public facilities.
. Createsafë, hëalthy, walkablë, and vibrant communities that are designëd and built
accessible to people of all abilities.
. Develop a flexible, sustainable, .andwell-integratedtransportation system that focuses on
moving people and goods - not just vehicles.
. Provide a variety of affordable and quality housing choices for people of all income
lëvelsandabilities.
. Preserve and maintain natural biological communities and species native to the rëgion.
. Restore, protect,éJndenhancethe water quality and the beneficial uses of localcoastal
watërs,...inland..slJrface..watërs,. .andground waters.
. Reduce oreliminatepollutantsin our region's water bodies.
. Protect our rëgion's wetlands.
. Preserve andënhance the region's beaches and nearshore areas as environmental
and recreation al resou rces.
. Achieveandl11ãil'ltàinfederaland state clean. air standards.
. rëa rising standard of living for aU .ofour. residents.
. Ensure a safe, sufficient, reliable. and cost-efficient water. supply Forthe
San Diego region.
. Meet the region's energy needs in a fiscally and environmentally sound manner.
Mlnlrnizethe heed foradditiona I landfills and. provide economicallyandenvi ronmentally
sound resource recovery, management, and disposal. fadl ities.
. Exceed the state-mandated 50 percent waste streamdiversion. rate. by the year 2005
and. work tovvarda 75. percent diversion. rate.
. CreatearegionalcOl11munity where San Diego. our. neighbori ng cou nties.. tribal
governrnel'1ts,ândnortnem B~aCal iforn iarnutua lIybenefit from our varied resources
a ndi nternationällocation.
. RegularlYâssessthéabilitYófour .infrastructureto handle changeandmaintâinóur
qua lit)' of life..
AlignourJnfrastructureplans and. investments with our RCP goals and objectives.
. AddressJnfrastructure needsinthe region in a comprehensive manner, not piecemeal.
. Create a plannlngframeworKthatcoordinates and links .Iong term visionary goals with
short term Mpitatëxþend itures acróssi nfrastructure providers.
. Provicj~adequateinfrastructure improvements prior to or concurrent with the
populationgroWthoccurringJn smartgrovvthopportunity . areas.
. Ac€;e Pt..mofe..res )ol'lsibil ity..locally..for, a.ddressi ng.. our. regiona I..and..subreg ional
infrastrUcture needs.
4
A BETTER APPROACH TO PLANNING
The Regional Comprehensive Plan establishes a new approach to planning in the San Diego region.
This approach is based upon:
RCP Planning Framework
. A planning Framework that
parallels those used by cities and
counties in preparing their general
plans, and thereby strengthens the
coordination of local and regional PLANNING CONCEPt'
plans and programs; and
. A policy Framework that focuses on
connecting local and regional
transportation and land use plans,
and creation of incentives that
encourage "smart growth" planning
and implementation.
We have known for a long time that
unless changed, the general plans of the
region's 19 localjurisdictions will not
adequately accommodate our future
projected growth of one million more
people over the next three decades. As
the region continues to grow, the current
plans, unless amended, will lead to
increased traffic congestion and the
continued loss of agricultural land, open space, and critical habitat. The region's housing crisis will
continue for decades unless existing general plan capacities are increased for development of more
homes, apartments, and condominiums in our urbanized, incorporated jurisdictions. SANDAG's and
other studies show that smart growth development that links transportation and land use greatly
increases our ability to handle our projected growth.
The PreFerred Planning Concept UnJdrtg Local and
Regiona. Plans
A major emphasis of the RCP is better linking transportation and land use
planning. The RCP sets forth policy objectives and actions in several areas
to improve transportation and land use coordination including:
implement the adopted Regional Transportation Plan "2030 mobility
network;" improve connectivity between land use and interrelated modes
of transportation; provide adequate funding to meet the needs of our
transportation systems; design development to reduce auto dependency;
and align the timing and funding of related transportation and land
use development.
5
To address these issues more effectively in the future, the RCP calls for new efforts to engage
neighboring localjurisdictions in cross-boundary, subregional planning efforts.
Another key tenet of the RCP is to identify smart growth opportunity areas and to reward
communities that create compact, higher density, mixed use, pedestrian-oriented neighborhoods
with supportive transportation and infrastructure improvements.
When it comes to transportation funding and smart growth, the RCP directs SANDAG to put its
money where its mouth is, and encourages infrastructure providers to link their investments to
transportation and land use.
From Local Plans to a Regional Framework
The proposed implementation strategy for the RCP is a collaborative planning approach that springs
from the local level to a regional framework. The implementation strategy for the RCP calls for:
connecting the plan's policy objectives to local and regional plans; implementation of actions by
various agencies and stakeholders; and development of compacts, which are agreements to
implement the RCP's key actions.
By focusing on the coordination of Uting TrInIport8tion . ùncI UM PIMs
transportation and land use plans at to Guide Other PIMs
the local and regional levels, the
region will be able to address many
of its pressing problems: traffic
congestion, housing affordability,
protection of sensitive habitats, and
strengthening our economy, while
ensuring equity in planning and
development.
The various chapters of the RCP
address each of the major elements
of planning for our region: urban
form, transportation, housing,
healthy environment, economic
prosperity, public facilities, and
borders issues. Each chapter begins
with a vision for our region in 2030 and includes a description of existing conditions, existing plans
and programs, an analysis of key issues, and recommended goals, policy objectives, and actions.
Taken together, these chapters, along with the Integrated Regional Infrastructure Strategy (IRIS),
form the core of the Regional Comprehensive Plan.
URBAN FORM: WHERE AND HOW SHOULD THE REGION GROW?
Where should we provide places in our region for people to live, work, shop, and playas our
population continues to grow? How should we design our communities so that they provide us with
a high quality of life? Will the impacts of future growth overwhelm the natural blessings of our
environment?
6
How our land uses are distributed across the region has a wide-ranging impact on our quality
of life. Previous analyses have demonstrated that the way land has been developed in the region
over the past half century cannot be sustained as the region continues to grow. Dispersed, low
density housing separated from auto-oriented commercial development pushes urban development
into areas better suited for rural land uses and regional open space.
The separation of land uses (when jobs are far from housing) combined with low density
development results in auto-dependent communities where residents have to drive far for work,
school, or services. As homes andjobs are more dispersed and trips become longer, it is more
difficult to travel any other way but in a car. Alternatives like transit and carpooling work best
where travel is focused along corridors conveniently close to transit centers, light rail, or park and
ride lots. Bicycling and walking are practical alternatives only when the distances are relatively short
between shops, jobs, school, or services, or when they can be easily combined with transit.
While a significant number of the region's population will continue to live in moderate to low
density residential communities, more choices in both housing type and location are necessary to
meet our mobility and housing needs. A better mix of jobs and housing, and better access to jobs
are needed at both the regional and interregional levels. In particular, we need to reduce the
number of lengthy commute trips across the county and across our borders everyday.
Designing Livable Places
A strong sense of community identity in a vibrant and
diverse urban landscape is the hallmark of great urban
places. Good design reflects the unique character of the
community. It enhances the identity of the community by
improving existing public facilities and providing high
quality design in new facilities. An over-dependence on
the automobile as a means of travel results in
communities that are dominated by the infrastructure
necessary to accommodate the car. Healthy communities
support a variety of transportation choices.
The RCP's recommendations are based upon the following basic elements of good urban design:
. Public participation and education,
. Quality architecture and design,
. Walkable and human-scale communities,
. Preserving community character,
. Mixed land uses and street networks,
. Redevelopment, infill, and parking,
. Healthy communities,
. Accessibility, and
. Public safety.
7
Coordinating Transportation and Land Use
SANDAG already uses land use and urban design factors in its funding criteria for highways, transit,
and regional arterials. However, the RCP establishes a planning and policy framework to strengthen
that approach, by including an initial identification of smart growth opportunity areas and the use
of transportation infrastructure funding to encourage
development in these areas.
Determining Smart Growth Opportunity Areas Defining Smart Growth
Smart growth is a compact, efficient, and
The first step toward focusing SANDAG's infrastructure environmentally-sensitive pattern of
development that provides people with
investments in support of smart growth is to identify additional travel, housing, and
the location of potential smart growth opportunity employment choices by focusing future
areas. Because the San Diego region is so diverse, these growth away from ruraLareas and closer
to existing and plannedjob centers and
smart growth areas will vary in character from place to public facilities.
place, but some general principles apply. These areas
should reflect and enhance the special and unique
features of our neighborhoods. It is not a "one size Smart Growth Prim:iples
fits all" approach. Land Us8al1d Urban Design. Reduce
Under SANDAG's adopted smart growth principles, land consul'l1ption byfocusil'"igfuture
growth ir'lthecities élndirithêappropriate
smart growth areas are places that accommodate, or unincorporated suburban communities
have the potential to accommodate, higher residential andvHlagecenters through neW
and/or employment densities. They are pedestrian- development, redevelopment, and infill,
friendly activity centers that are connected to other emphåsizingpedestrianfriendly design
and mixed use development.
activity centers by transit or could be in the future. The T"~\I'..IÇ...oi~s.~Provide people With
RCP identifies four general categories for potential additionaltraveFthoÎces(walking, biking,
smart growth opportunity areas: rail,..bus,.al'ldautol'l1obile).
. Areas within and adjacent to stations along the Job$ilfousingNiix.locate housing near
or withinrnajoremploymentareas and
regional transit network, þrovideemþloyment opportunities near
. Areas of relatively high residential and employment major..housing..åreas.
intensities along conventional bus routes, ttousil1gChoices. Provide, ¡neach
. Community, town, and activity centers in cities and community,. avariety..of.housingtypes..for
the unincorporated area of the County, and residents of all incomes.
. Rural villages in the unincorporated area of the Il1fras¡tr...ctLire Capacity and Location.
County. Provide adequate infrastructure in
designated smart growth opportunity
areas.
Some smart growth opportunity areas already Environment. Protect open space and
demonstrate a high degree of consistency with smart habitat areas. When con:>t¡ructing
growth principles, while others require changes to resid mmercial, or inclustrial areas,
general plans and zoning ordinances, as well as orbui rtatiol'Î syStems,
infrastructure improvements, to realize their potential. provi m lIysensitive
Although these areas may differ in their density and mix development t at erand
energy, protectsw nd
of uses, they should be planned and developed to proftiotestheuse e
promote higher residential and employment densities energy sources.
than the areas that surround them; a mix of residential,
employment, and civic uses; and a high degree of walkability.
8
Another aspect of identifying smart growth
opportunity areas is to establish urban form
characteristics and guidelines that reflect the
differences in these areas.
Between the release of the draft RCP and the
adoption of the final plan, SANDAG will work
with localjurisdictions and stakeholders to
identify the actual locations of smart growth
opportunity areas; develop more specific guidelines for smart growth implementation in the
opportunity areas; and develop more detailed recommendations for using transportation funds to
encourage smart growth.
Providing Incentives for Smart Growth
The RCP proposes several levels of funding decisions to help guide the region's urban form and
provide incentives to implement smart growth in smart growth opportunity areas.
Regional Transportation Network Funding Based on Smart Growth
As the region moves toward a more robust transit network, project funding priorities will be based,
to a significant extent, on where the land use best supports that transit service, and conversely
where transit service best supports good land use. In addition, criteria for prioritizing other
transportation projects like highways and regional arterials will be more heavily influenced by how
well they support the region's smart growth goals and Regional Transit Vision.
Smart Growth Incentive Program
The Smart Growth Incentive Program established in MOBILITY 2030, the current Regional
Transportation Plan, is a five-year, $25 million program that will provide resources to help local
agencies fund the planning and infrastructure necessary to develop communities that meet the
region's smart growth goals. The Smart Growth Incentive Program will invest in those areas of the
region where there is a commitment to the RCP's smart growth principles.
Private Sector Participation
The private sector plays a critical role in achieving the RCP's objectives. Incentives should be offered
that promote redevelopment and infill development. Overall, we should implement development
projects and plans that:
. Provide a mix of housing types, and a better mix of housing, jobs, services, and recreational
land uses with good access for pedestrians and people with disabilities;
. Preserve our natural resources;
. Create buffers between agriculture and urban development; and
. Avoid and mitigate incompatible land uses (e.g., by establishing buffer zones between
housing and industrial uses).
9
The planning concepts, funding strategies, and development priorities proposed in the RCP in many
ways revolutionize today's planning process. The result can be attractive, sustainable mixed use
communities that resolve some of our biggest housing and infrastructure challenges today, while
providing a better future for our region's children and grandchildren.
TRANSPORTATION: MOVING PEOPLE AND GOODS
Our current regional transportation system will not
meet the needs of a growing and mobile population.
Land use decisions and development patterns affect our
transportation systems and the travel choices we make.
Where we choose to build homes and businesses and the
intensity of these land uses directly affect local roads and
trolley/bus services as well as freeway and rail efficiency.
Too often, the local land use decisions do not include
transit planning and needs with the typical road
improvements required of new development. It's time
for a change.
MOBILITY 2030 serves as the adopted SANDAG regional transportation plan to achieve smarter,
more sustainable growth. But the implementation of MOBILITY 2030 requires regional and local
land use agencies to work together.
Low density, scattered development that expands beyond existing, developed areas make it harder
to get around the region and forces more people to rely on their cars. This impedes our ability to
provide effective public transit, ridesharing, biking, and walking opportunities. Our local cities will
playa significant role in creating communities that support the adopted Regional Transit Vision to
integrate transit into our more populous urban neighborhoods, and surround transit with
supportive land uses. Bus and trolley stations could serve as hubs not only for transit, but also for
shopping, employment, and recreation. Localjurisdictions should support development of a
dynamic mix of land uses near transit
including homes, offices, and retail. These
well-designed, mixed use neighborhood and
community centers of moderate to higher
densities will encourage walking and
bicycling tojobs and services as well as to
transit. The result will be shorter trips, with a
higher proportion of them made within the
neighborhood.
Transportation investments can be
particularly important to low-income
communities. While most people still use
their cars to reach ajob site, the availability of good transportation choices, such as affordable
public transit, can mean the difference between employment and unemployment for many
hovering on the fringes of poverty.
10
The RCP encourages a mix of land uses and more concentrated housing, offices, and retail around
transit s~ations. These may result in more traffic in certain areas and some localized congestion. But
the regional payoffs are significant. These efforts can reduce overall traffic congestion, make more
efficient use of resources, and significantly decrease overall land consumption.
The transportation chapter of the RCP includes a variety of recommended actions to improve our
mobility network, not the least of which is securing needed funding. It also calls for increasing the
use of Transportation Demand Management programs, preparing new subregional transportation
studies, identifying priority transportation corridors for investment, incorporating pedestrian and
bicycle access into urban design and development plans, and finalizing a regional airport solution
with strong, multi-modal access.
HOUSING: PROVIDING HOMES FOR ALL RESIDENTS
The San Diego region is in the midst of a
housing crisis. Our region is regularly ranked as
one of the areas with the highest priced and
least affordable housing in the nation. The costs
of renting or owning a home have risen
dramatically during the past ten years.
Where and how we build our housing are two
of the most important decisions we can make in
shaping our region's future. If we continue to
build homes at a slower pace than we add
people, interregional commuting and traffic
congestion will increase. During the next 30
years, it is estimated that more than 90,000
households will, in effect, be "exported" to
Riverside County or Baja California unless there
are significant changes to add more housing to today's plans. Long-distance commuting puts a
tremendous strain on our roads, freeways, and infrastructure, as well as a strain on the quality of
life for those commuters.
Currently, the San Diego region is not planning for or building the amount or type of housing
necessary to meet the needs of its growing population and to accommodate its changing
demographics. Adding to the lack of housing capacity is the fact that not all of the planned land
supply and densities reflected in existing plans are likely to be developed due to a variety of factors
including owners unwilling to sell, community opposition, environmental constraints, and lack of
infrastructure or funding for infrastructure.
The San Diego region is projected to grow by almost a million more people by 2030. To meet the
needs of our growing population, we need to build more than 407,000 new homes, or an average
of 13,500 a year between 2000 and 2030. However, existing local land use plans and policies only
provide the capacity for about 314,000 new homes. The reason is that the development planned for
our remaining vacant residential land is mostly for single family homes on large lots, instead of the
smaller single family homes, condominiums, and apartments that are urgently needed. Currently,
11
just nine percent (about 2,900 acres) of the remaining 32,000 acres of vacant residential land in the
18 cities is planned for densities of 12 or more homes per acre.
Lower income residents are often hit the hardest by high housing costs. A number of social equity
and environmental justice concerns arise in a tight housing market. Overpayment, substandard
housing, housing discrimination, and unfair lending practices exacerbate an already bleak housing
situation for lower income residents.
The region is beginning to address its housing needs by implementing smart growth projects. Smart
growth development is underway in communities throughout the region with small lot single
family homes, townhomes, condominiums, and apartments offering homeownership or rental
opportunities for residents close to shopping, schools, services, and planned transit. Additionally,
older shopping centers, business complexes, and blighted areas are being redeveloped into
attractive mixed use and housing projects. But a
much stronger commitment to smart growth,
redevelopment, and infill are needed
regionwide.
The RCP calls for a number of coordinated
actions to give the region's residents more
housing choices - more apartments,
condominiums, and single family homes in all
price ranges, affordable to persons of all
income levels, and accessible to persons of all
abilities. The RCP advocates for locating
additional housing choices in our urban
communities close to jobs and transit to help conserve our open space and rural areas, reinvigorate
our existing neighborhoods, and lessen interregional commuting.
The housing chapter includes specific actions including incentives, infill development. rezoning,
rehabilitation, sustainable or "green" building techniques, inclusionary housing measures,
rental assistance, replacement housing requirements, and expedited permit processing to
increase and diversify our region's housing supply and to achieve smarter growth.
HEALTHY ENVIRONMENT:
ENHANCING OUR NATURAL HABITATS, AIR, WATER, AND BEACHES
San Diegans share a strong attachment to the regional landscape. When asked what they like most
about San Diego, natives and newcomers alike consistently cite the enviable climate, beaches, bays,
urban canyons, local mountains, and deserts.
To protect these special places and ensure a healthy environment, the region
must protect key open spaces and sensitive habitat areas, ensure that the air
and water are clean, and restore eroding beaches.
To balance the need for development and sensitive lands conservation, local
jurisdictions within the region have adopted regional habitat conservation plans and subarea plans.
These play an important role in defining areas where development is appropriate. Also important
12
to our healthy environment is urban ecology: those natural areas that remain in or around
urbanized areas.
Clean air and water, viable natural habitats, and a well-managed shoreline are critical components
to the overall economic prosperity of our region. They also are critical to the health and well being
of our residents. Rising incomes are part of the solution to making housing more affordable.
A number of activities in recent years have cleaned up our water, improved our air quality, and
preserved open space. However, much more needs to be done. We still have sewage spills, polluted
runoff still flows into the ocean, and our open space is threatened. We must increase our
commitment to improving these resources. Just like urban infrastructure, our natural resources
require funding as well as a commitment from residents, local, state and federal agencies.
The RCP identifies funding opportunities, details actions, and outlines how agencies and
communities can work together to preserve and improve our environment. Among many
recommendations, the plan calls for linking habitat corridors within San Diego County with
surrounding counties and the Republic of Mexico to create interregional and international preserve
systems; securing a reliable funding source to ensure development and implementation of
comprehensive regional storm water plans and programs; and implementing programs that support
the construction of energy-efficient buildings and the use of energy-efficient vehicles.
ECONOMIC PROSPERITY:
CREATING OPPORTUNITIES FOR AN IMPROVING STANDARD OF LIVING
Our economy functions within a regional and global economic setting. The San Diego-Baja
California binational region faces increasing domestic and global competition. Many people are
aware of globalization; however, few understand that regionalization or the increasing importance
of regional economies is the other side of the coin. In economic terms, our region is directly
connected to the greater Los Angeles area and Baja California, which are our gateway to the
domestic and international marketplaces. Access to international markets is critical for the economic
prosperity of the region. To our south, we depend on Baja California for an important part of our
labor pool. Southwestern Riverside is becoming an increasingly important source of labor and an
alternative housing choice for many.
Our region and its workforce are ideally situated
to benefit from this economic landscape. One
way to increase the region's competitiveness is to
encourage collaborative efforts by private-sector
organizations and government agencies
responsible for maintaining and improving the
region's access to domestic and international
markets.
The adopted SANDAG Regional Economic
Prosperity Strategy (REPS) serves as the primary
economic element of the Regional Comprehensive Plan. The strategy's recommended actions call
for infrastructure investment and public policy support in key areas to strengthen the region's
economic foundation. The prosperity strategy makes the connections among a strong economy and
13
sufficient land for jobs and housing, a superior infrastructure system to support business and
industry, and an education system that prepares residents to succeed in the workforce.
The strategy calls for retaining and expanding local businesses, creating more well-payingjobs, and
preparing our residents to fill thesejobs. The primary objective is to increase, through thesejobs,
personal income, and thus raise the standard of living for all of the region's residents. Rising
incomes are part of the solution to making housing more affordable.
Other actions outlined in the economic prosperity chapter include attracting venture capital to
retain and attract industries that will produce more high-quality jobs in the region; providing
infrastructure that enables emerging technologies and existing businesses that provide high-
quality jobs to flourish; and implementing a state-local fiscal reform proposal that provides
financial incentives to local jurisdictions to increase the supply of housing and helps achieve the
smart growth goals of the RCP. Increasing the supply of housing, and therefore stabilizing
housing prices, is part of the solution to making housing more affordable.
PUBLIC FACILITIES: STRENGTHENING THE SOCIAL AND PHYSICAL
INFRASTRUCTURE OF OUR COMMUNITIES
Most of us give little thought to the origins of
the water that flows from our faucets, or to the
final destination of the trash that disappears
from our curbsides. Similarly, many of us are not
very familiar with how our schools, parks,
libraries, hospitals, and police stations are
provided, yet, we consider these public facilities
essential to the quality of our daily lives.
A sometimes complicated mix of public agencies
and funding sources are responsible for our
public facilities and services. It is imperative that
these agencies coordinate efforts, search for
greater efficiencies, and have the resources
necessary to provide public facilities that meet our current and future needs. Residents require
reliable supplies of water and energy, opportunities to reuse and recycle materials, and sufficient
disposal options for waste.
The region needs to make more efficient use of its resources. We can do this by locating public
facilities where they will most effectively provide access and availability of needed services and
protect public health and safety. At the same time, we need to ensure that lower income and
minority communities are not disproportionately affected.
The RCP focuses on a number of key issues that relate to improving our public facilities
infrastructure: meeting our regional water demand; diversifying our water sources; maintaining
water quality; stabilizing the cost of energy; upgrading aging energy infrastructure; and dealing
with dwindling landfill space.
14
The public facilities chapter of the RCP calls for new policies and programs that, among many
things, maximize water resources through diversification strategies such as transfer agreements,
water recycling and reclamation, seawater desalination, and sustainable groundwater development;
promote the local production of energy to reduce our dependence on imported energy; and
"incentivize" composting, recycling, and household hazardous waste collection programs.
The overall goal of this chapter is to ensure that the region provides public facilities that meet our
current and future needs in a timely, efficient, and sustainable manner. Although this chapter
primarily focuses on water supply, energy, and waste management, it also calls for the
enhancement of important assets such as parks, libraries, police, fire, hospitals, and schools.
BORDERS: FORGING A BETIER FUTURE WITH OUR NEIGHBORS
The RCP strives to create a regional
community where San Diego County, our
18 local cities, neighboring counties, 17
tribal governments, and northern Baja
California mutually benefit from our
varied resources and international
location.
To achieve that goal, the RCP calls for the
promotion of shared infrastructure,
efficient transportation systems,
integrated environmental planning, and
economic development with all of our
regional neighbors. It recognizes that our region is a unique and dynamic place to live-one that
embraces cultural diversity, promotes interregional understanding, and benefits from our varied
history and experience.
Improving Access to Jobs and Housing
One of SANDAG's most active interregional programs is the state-funded 1-15 Interregional
Partnership, a voluntary partnership between elected officials representing communities along
Interstate 15. Three regional government agencies, including SANDAG, the Southern California
Association of Governments, and the Western Riverside Council of Governments, are working
together to address the inaccessibility between jobs and housing that has caused increasing traffic
conditions between San Diego and Riverside counties. It has been a successful, ongoing
collaborative effort.
Although struggling to meet its own demand for housing units, Tijuana could represent an
opportunity to accommodate the growing number of people that live and work on both sides of
the border. Similar to the partnership created with Western Riverside County, the RCP calls for
developing a partnership with authorities in Tijuana and Tecate, Mexico, to address the issues
surrounding thejobs/housing accessibility in the binational region.
15
Enhancing Transportation Systems and Trade Routes
As growth continues in this region and the surrounding areas. maintaining major transportation
systems will be an even greater challenge. Agencies must work together to provide reliable and
efficient transportation systems associated with interregional commuting corridors. key trade
corridors, tribal reservations. and ports of entry.
Improvements to our regional transportation infrastructure also will strengthen trade corridors in
the region. In 2002, more than 725,000 trucks crossed northbound at the San Diego region-Baja
California border. carrying more than $25 billion in freight. Almost 60 percent of these trucks were
destined for other California counties. while 20 percent were headed outside the state.
Given the importance of maintaining these key market entry routes, we need support from our
northern and eastern neighbors regarding funding acquisition for trade corridor infrastructure in
the international border lone.
Energy, Water Supply, and the Environment
Water. energy, and the environment are other key areas
that span our regional. international. and
intergovernmental borders. Policies and infrastructure are
needed to meet binational. tribal reservation, and
interregional long-term energy and water needs in a
fiscally and environmentally sound manner. Maintaining
habitat corridors. and improving air and water quality will
contribute to a healthy binational and interregional
environment.
Specifically, the borders chapter of the RCP calls for
increasing the use of renewable energy resources
throughout the binational and interregional region; coordinating long-term water planning with
surrounding counties and tribal governments; and establishing a transborder environmental impact
assessment process for projects on either side of the U.S.-Mexico border.
Economic Development
There is a key role for the interregional partnerships to
contribute to the success of the Regional Economic Prosperity
Strategy and improve the position of the greater binational
and interregional area as a strong competitor in the global
marketplace. Specific actions include supporting the 1-15
Interregional Partnership's economic development strategies;
enacting policies and measures that promote economic
development along the border in Mexico, such as the
Maquiladora Program; and establishing a forum for increased
communication with tribal governments regarding
economic development.
16
Homeland Security
In the aftermath of the terrorist attacks of September 11, 2001, homeland security presents an
increased challenge for our international border region. Local, state, and federal officials for both
countries have been charged with keeping the nation secure while protecting the quality of life in
the greater border region. European countries provide helpful models for maintaining security and
fluidity in border areas. The RCP outlines how improvements can be made to binational ports of
entry through the application of new technologies and increased involvement of local agencies.
SOCIAL EQUITY AND ENVIRONMENTAL JUSTICE ASSESSMENT:
FAIR PLANNING AND DEVELOPMENT FOR ALL COMMUNITIES
Social equity and environmentaljustice
considerations in the RCP ensure that in the future,
all communities thrive as the region grows. Many
communities have traditionally been left behind or
excluded from the planning and development
process, including low income and minority
communities, persons with disabilities, and seniors.
Ensuring social equity does not necessarily
guarantee equality - but it does mean giving every
community an equal voice and opportunity. Social
equity is providing all residents with access to
affordable and safe housing, quality jobs, adequate infrastructure, and quality education. It means
providing the opportunity for children and families of all races, abilities, and income levels to live in
the best possible environment.
This chapter analyzes the RCP's equity level, much like an environmental impact report, but with an
emphasis on social impacts. We know from experience that regions grow healthier when all
communities are strong, which is why social equity is one of the three "E"s of sustainability (equity,
environment, and economy). Without it, the region cannot have true prosperity.
Equity considerations are essential when discussing urban form (where and how our region grows.)
In the discussions of where we should grow, the focus is often on the environmental consequences
of sprawl, such as increased traffic, air pollution, loss of open space, and energy consumption.
However, sprawl also has social and economic consequences. It can accelerate urban infrastructure
decline, concentrate poverty in urban areas, create a spatial mismatch between urban workers and
suburbanjob centers, and negatively affect public health.
Social equity means investing in transportation systems that provide urban residents with
opportunities to work, shop, study, invest, and play in the region. However, without proper
planning and development, transportation systems also can disrupt communities. The construction
of roads, freeways, and rail-transit systems can place burdens on lower income and minority
communities.
17
Promoting equity in the region means building healthy, mixed-income neighborhoods with
sufficient affordable housing. Housing is one of the most important factors in our residents' quality
of life. Unfortunately, high housing costs are leading to hardship for low income residents in the
San Diego region.
Air and water quality in low income and minority
communities also needs to be addressed. While clean air
and water are goals for the entire region, we need to
work diligently to ensure that the benefits of a healthy
environment are shared by all our residents, regardless
of income or ethnicity. We also must ensure that
potentially polluting facilities are not disproportionately
sited in low income and minority communities.
Promoting social equity in the region also means
providing economic opportunity and access to high-
quality jobs for all residents. It means ensuring access to
the education and skills necessary for all individuals to
participate fully in regional growth industries and the
competitive economy. And, it means creating high-
quality, middle-income jobs that lower income residents
can move up into with proper training.
The RCP also identifies four key steps that must be taken to promote social equity and
environmentaljustice in the San Diego region:
1. Monitor the performance of the RCP;
2. Expand current social equity and environmental justice analysis;
3. Evaluate future plans, programs, and projects; and
4. Expand public involvement.
Monitoring our performance, identifying shortfalls, making improvements, and increasing access
to the region's resources and decision-making processes results in a better quality of life for all
residents.
INTEGRATED REGIONAL INFRASTRUCTURE STRATEGY:
ENSURING THE FOUNDATION OF OUR VISION FOR THE FUTURE
Demand for infrastructure is driven by population growth. How well we respond to the challenges
of our population growth will define our region's quality of life for decades to come. In drafting
this Regional Comprehensive Plan and the Integrated Regional Infrastructure Strategy (IRIS), the
region is developing a long-term blueprint to help achieve our goal of responding to population
growth, and creating sustainable development.
The IRIS outlines a forward-looking investment and financing strategy that will help the San Diego
region meet its collective infrastructure needs. All infrastructure needs cannot be met immediately.
Timing is the key to ensuring the adequacy of infrastructure services and funding. The IRIS
18
recommends a phased and incremental approach. If expenditures are working toward a long-term
goal, then we are making progress toward addressing our needs in an efficient and targeted
manner.
The IRIS focuses on eight important infrastructure areas:
. Transportation (including regional airport, maritime port, transit, highways, and international
ports of entry)
. Water supply and delivery system
. Wastewater (sewage collection, treatment and discharge system)
. Storm water management
. Solid waste collection, recycling, and disposal
. Energy supply and delivery system
. Education (including elementary and secondary schools, community colleges and universities)
. Parks and open space (including parks and recreation, shoreline preservation, and habitat
preservation)
Over time, if the RCP goals and objectives are
implemented, an increasing proportion of our
region's growth will occur as redevelopment and
urban infill. To adequately prepare for this change,
the urban form and design goals in the RCP should
be universally embraced to help ensure that
infrastructure is in place prior to or concurrent with
the land use decisions that implement the urban
form goals.
Today, however, most infrastructure planning is
done without a framework that would coordinate
long-term visionary planning with short-term
capital expenditures. Integration of long range planning with current expenditures should be the
standard practice, as it is with transportation and water supply.
If growth in demand for infrastructure capacity outpaces growth in population, development
impact fees and other traditional population-based sources of revenue may not be enough. The
region will likely need to identify funding sources beyond impact fees, such as higher user fees,
increased use of bond measures, or application of special assessment districts.
Most of the region's infrastructure providers have a system in place to address their needs and
prioritize their expenditures. However, not all share the same issues driving their planning processes
(beyond population growth). In addition, some of the infrastructure providers do not have
integration between their long-term, visionary, and strategic planning and their short-term capital
budgeting processes. Also, some providers are dependent upon sources of funding or behavioral
changes that must take place in order for them to implement their strategic plans and accomplish
their goals. For example, implementation of the RTP requires an extension of the TransNet Yz-cent
sales tax program, and meeting the energy, water, and solid waste needs of the region will require
additional levels of recycling and conservation beyond what occurs today. If these assumptions do
not occur as hoped, the implementation of the strategic planning and capital budgeting may fail.
19
The IRIS recommends the following actions to help align our infrastructure plans and investments
with our RCP goals and objectives:
1. Localjurisdictions, acting individually and collectively through SANDAG, should use funding for
transportation projects to provide incentives for changes in land use to achieve the urban form
and design goals of the RCP. This action provides a link to other infrastructure providers.
2. Infrastructure providers should develop and implement strategic plans to bridge annual
expenditures of a capital improvement program to long-term goals of a facilities master plan.
The facility master plans of each infrastructure provider should be linked to each other
and the RCP.
3. Localjurisdictions and infrastructure providers should formally establish procedures and
mechanisms, such as memorandums of understanding (MOUs) or compacts, to coordinate
planning and investment in regional infrastructure facilities to support the RCP.
The IRIS recommends that local jurisdictions and
infrastructure providers undertake a three step process
in the financing of infrastructure investments and
operations. First, they are encouraged to use existing
funds efficiently by prioritizing expenditures in
accordance with smart growth objectives, and
coordinating expenditures of the various infrastructure
services in those areas. Next, they are encouraged to
implement demand management, system
management, and policy changes to "incentivize" the
efficient use of existing infrastructure systems and
services to achieve more smart growth. And finally,
they are encouraged to seek new funding only when the first two steps have been completed and
essential goals remain unmet.
In cases where there is no significant funding, local jurisdictions and infrastructure providers are
encouraged to secure a regular funding source, even if small, and then apply the steps listed above.
Localjurisdictions and service providers also are encouraged to seek funding for infrastructure
investments and operations primarily from user fees and other charges to benefit those being
served. The region should make a concerted effort to treat all infrastructure providers equally by
supporting legislation that reduces the voter requirement for bond approval to 55 percent. This
approval level would be consistent with the level currently required for education bond measures
(Proposition 39). More specific funding actions, tied more directly to each infrastructure area
discussed in the RCP, are included in the IRIS chapter of the RCP.
As the San Diego region continues to change, we must regularly assess the ability of our
infrastructure to keep pace and to maintain our quality of life.
20
MEASURING OUR PROGRESS
How will we track our progress? In many cases, we are talking about making major changes in our
current ways of doing business, looking out 30 years and beyond. Many of the actions and
paradigm shifts discussed in the plan may take years to develop, fund, and implement. Some short-
term impacts are likely to be subtle. Some will be more noticeable. Over time, however, smart
decisions and the cumulative effects of our actions will result in the future that the plan envisions.
Over the first several months of 2004, SANDAG will work with many of the same committees,
working groups, organizations, and individuals that helped to produce the draft RCP to establish
specific indicators, standards, and criteria for tracking the plan's progress.
SANDAG will work with the Regional Planning Committee, its advisory working groups, and the
public to determine exactly what set of indicators is the most realistic, reliable, and measurable, and
would provide a clear assessment of the region's progress over time. These will be included in the
final draft of the Regional Comprehensive Plan.
TRANSLATING VISION INTO ACTION
The Implementation Framework of the RCP serves as a starting
point in organizing how the plan's goals will be met and policy
objectives carried out. Recognizing that the plan is still in draft
form, this chapter establishes a framework for working with
SANDAG's Regional Planning Committee, its advisory groups,
and others in formulating a more detailed implementation
program that specifies concrete timeframes by which certain
actions will be accomplished.
The RCP was not designed as a regulatory plan, but rather as a
guidance plan. As such, the preferred implementation approach
is that local and regional agencies incorporate the recommended policy objectives and actions into
their local and regional plans within short-range, mid-range, and long-range timeframes, as they
update their plans in the future.
Additionally, the RCP recommends that incentives be provided to member agencies for including
the policy objectives in their plans, and for helping to implement the actions contained in the plan.
The implementation strategy for the RCP rests on these fundamental building blocks:
1. Policy Objectives that should be incorporated into local ~nd regional plans.
2. Actions that should be taken within certain timeframes by the various agencies and
stakeholders in order to implement the ideas contained in the RCP and secure necessary funding
sources.
The actions are broken down into three categories within each chapter: Planning and Design;
Programs and Project Implementation; and Funding. The implementation framework outlines a
process for prioritizing actions through "Strategic Initiatives;" that is, prioritized sets of related
21
actions that could be undertaken by various groups of stakeholders to implement some of the
key concepts contained in the plan.
The framework also describes a process for achieving proposed actions through subregional
planning and implementation programs for issues that may best be addressed at a subregional
level; that is, at a geographic level that is smaller than the San Diego region, but larger than a
single local jurisdiction or service provider.
3. Compacts, which are agreements among the various stakeholders to implement the key actions
identified in the plan.
Other key implementation components of RCP important across all areas of the plan are: public
participation, social equity and environmental justice, funding actions, intergovernmental review,
performance monitoring, and analytical tools.
The RCP will only succeed with strong partnerships that include local governments, public agencies
at all levels, community interest groups, the private sector, and the public; and specific timeframes
in which to achieve the proposed policy objectives and actions.
CONCLUSION: MOVING FORWARD, TOGETHER
Better connecting our land use and transportation plans is
critical for our region to grow in a smarter, more
sustainable way. One of the most powerful incentives to
implement smart growth rests in SANDAG's decisions
about regional transportation funding and programming.
The RCP provides a roadmap for coordinating
transportation and other regional infrastructure
investments, and directing these investments into smart
growth areas.
SANDAG's transportation funds can be invested to provide incentives for local agencies to make
land use decisions that support good urban form and many of the RCP's policy objectives. SANDAG
is already including land use and urban design factors in its funding criteria for highways and
regional arterials. The RCP provides the framework to strengthen that approach through the
development of new transportation funding criteria that would extend to a broader range of
funding decisions.
The Regional Comprehensive Plan is intended to function as a "living" document; evolving over
time as specific policies and programs are advanced. It will be updated every few years to reflect our
accomplishments and changing needs as a region.
Now and in the future, SANDAG welcomes your input into this dynamic and vital process.
~
December 2003
22
DRAFT
March 3, 2004
Carolina Gregor, RCP Project Manager
SANDAG
401 B Street, Suite 800
San Diego, CA 92101
RE: COMMENTS ON THE DRAFT REGIONAL COMPREHENSIVE PLAN
Dear Ms. Gregor:
The City of Chula Vista congratulates the San Diego Association of Governments
(SANDAG) on completion of the draft Regional Comprehensive Plan (RCP).
Through its policy level participation at the board and committee level, staff input
in working groups, as well as citizen involvement, Chula Vista has been an active
participant in and advocate of the Regional Comprehensive Plan process. We
see the collaborative approach embodied in the RCP as critical to meeting
challenges facing the region, its component jurisdictions and stakeholders in the
coming years.
The City of Chula Vista is excited by the prospect of meeting regional planning
objectives by linking transportation and other public investment to areas where
smart growth principles are applied. We look forward to cooperatively
participating in programs such as the Smart Growth Incentive Program and "pilot"
subregional transportation/land use plans and implementation programs. It is
important that a firm commitment is made to prioritize regional resource
allocations in those areas, such as the City of Chula Vista, that subscribe to and
further the Regional Comprehensive Plan's objectives. This is critical in order for
local jurisdictions such as Chula Vista to effectively support and further the tenets
of the RCP. Providing resources for regional facilities and programs in a timely
manner where growth is occurring and is expected to occur, consistent with
regional and local plans, is essential.
The following comments are referenced to a particular page or section number of
the draft document.
Page 27, Smart Growth Opportunity Areas. The Mobility 2030 regional transit
network was used as a starting point in identifying smart growth opportunity
areas. Chula Vista's General Plan Update is currently testing land use and
transportation alternatives that include potential future land use intensification
that would extend "smart growth" concepts beyond existing and already planned
development with these characteristics (such as Otay Ranch's transit-oriented
villages).
ATTACHMENT "B"
Carolina Gregor DRAFT
March 3, 2004
Page 2
Page 48, Providing Incentives for Smart Growth. The incentives described for
regional transportation network funding and through the Smart Growth Incentive
Program are especially critical elements of the RCP.
Page 59, paragraph 3 references the role of the RCP in the next update of
Mobility 2030 (the Regional Transportation Plan) in 2006, and Chapter 9,
Implementation Framework, alludes to future RCP updates. If not spelled out in
the plan itself, developing a policy and process for updating the RCP should be
referenced in the plan.
Some of the first tier of future "yellow car" and "red car" transit routes identified in
the South Bay Transit First Study are, for instance, not included in the Mobility
2030 "reasonably expected" revenue scenario - namely Route 540 (also called
Route 640) that would be an express line generally running along the 1-5 corridor
from the Mexican border to points north, and Route RC-1 (also called Route 635
or the Main Street route) that would extend from the existing Palomar Street
Trolley Station to Otay Ranch and EastLake Business Center. The City's
proposed General Plan Update alternatives include concepts that anticipate
these routes, with some minor adjustments. Incorporating the routes in the next
update of the Regional Transportation Plan will be important to forge compatible,
mutually supportive land use and transportation plans. Likewise, the proposed
TransNet extension list of projects does not currently include some of the South
County projects that could be pivotal to supporting the smart growth concepts
espoused in the Regional Comprehensive Plan and that are reflected in General
Plan Update alternatives. What are the prospects for these projects, given the
30-year TransNet horizon?
Page 72, Transportation Policy Objectives 11 and 12 (top of page). The notion of
equity in access to transportation services and in the benefits and burdens
associated with transportation projects is set forth in these policy objectives, as
well as in proposed policy objectives and actions contained in other parts of the
RCP. Understanding how "equity" is defined and measured in this context is an
important challenge faced in assessing the implications of these measures.
Page 73, Funding Action #1. Does the reference to securing funding for
transportation projects included in the 2030 Mobility Network include the network
as currently identified and as it may be amended in the future? As noted above,
Chula Vista is currently testing General Plan Update alternatives that cover a
range of options, and include new proposed land use designations and increased
densities and development intensities in selected areas. Depending on the
outcome of the testing and further public review and input, the recommended
General Plan Update is expected to include other potential Smart Growth
Opportunity Areas.
Carolina Gregor DRAFT
March 3, 2004
Page 3
Page 73, Funding Action #3. The proposed research into fees, exactions and
other measures to mitigate development impacts on regional transportation
facilities should recognize where impact fee programs are already in place within
the region so that projects subject to such fees are treated fairly.
Pages 90-91, Housing Goals, Policy Objectives and Actions. We encourage that
the actions in this chapter include continuing to work with the State of California
to improve the Housing Element process, make the regional housing allocation
process more logical, and focus on incentives that reward performance in
meeting housing needs within the region.
Page 253, Figure 7.6, Distribution of Growth in the San Diego Region. If the
existing Otay Landfill is depicted separately from the surrounding area on the
maps showing population growth rates, it should not indicate a population
increase, as residential use is not ever contemplated, even after its future
closure.
Page 281, Prioritizing Actions through Strategic Initiatives. The draft RCP sets
forth a broad and ambitious program of actions to implement the plan. We
support the proposed approach of prioritizing actions through developing a list of
"strategic initiatives" to help organize the actions over different periods and focus
on those most in need of priority attention.
General Comment. The City of Chula Vista is also completing draft policies for
various draft elements of its updated General Plan. We feel that this could be a
model process for incorporating appropriate RCP policy objectives in local
General Plan policies, as contemplated by the draft RCP.
Thank you for the opportunity to comment on the draft Regional Comprehensive
Plan (RCP) for the San Diego Region.
Please contact Mark Stephens of the City Planning Division at (619) 409-5959 if
you have any questions regarding these comments. We look forward to
continuing to work with SANDAG and other Regional Comprehensive Plan
participants in completing the review and adoption process, pursuing early action
items, and implementing the plan.
Sincerely,
Stephen C. Padilla
Mayor
J :/Planning/MarkS/SANDAG - RCP - DraftLtrO3-04-04.doc
a"