HomeMy WebLinkAboutAgenda Packet 1998/04/28
"1 declare t!lndët pentl!ty of p~rju:y t~at I am
em~¡!oyed b:! the (:~; ,;¡ ':::';:u"a Vista to the
Offí.te of the Citl,~ . ";1:1 that. I posted
this Al"!enda/N::>tice C;l l,.9 Bulletin Board at
Tuesday, April 28, 1998 '" . co d t C't Hall on Council Chamhers
the Public erv}ces BuJùIng a::/þþ,1, I ~&ð;'~ II
6:00 p.m. DATED. SIGNED~. "1 Public Services BuildIng
Regular Meeting of the City of Chula Vista City Council
CALL TO ORDER
1. ROLL CALL: Council members Moot -' Padilla -' Rindone -' Salas -' and Mayor
Horton -
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. APPROVAL OF MINUTES: March 31, 1998.
4, SPECIAL ORDERS OF THE DAY:
A. Proclamation commending the Detwiler Foundation. The ,proclamation w¡J I he presented hv
Mayor Horton to Gene Yee, representing Eastlake Elementary School.
B. Presentation of an award that was presented on April 22, 1998, at the Fair HoUSIng Council ot
San Diego's Awards Luncheon. Juan Arroyo, HoUSIng Coordinator In the CommunIty
Development Department received an award in the Fair HoUSIng Advocate category. Mayor
Horton will present the award.
CONSENT CALENDAR
(lrems 5 rhrouRh 16)
The staff recommendations regarding the following items Listed under the Consent Calendar wiLL be enacted by
the Council by one motion without discussion unless a CounciLmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please Jill out a
"Request to Speak Fonn" 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 Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business,
5, WRITTEN COMMUNICATIONS:
A. Letter from the City Attorney stating that to the best of his knowledge from observance of
actions taken in Closed Session on 4/21/98, that there were no reportahle actions which are
required under the Brown Act to be reported. It is recommended that the letter he reœlved
and filed.
B. Verbal resignation from the International Friendship Commission - Jerry Schlegel. It IS
recommended that the resignation he accepted with regret and the City Clerk he directed to post
immediately according to the Maddy Act in the Clerk"s Oftïœ and the Puhlll' Lihrary.
Agenda -2- l\pn! ~R. <)gR
6. ORDINANCE 2727 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY COUNCIL AND THE BOARD OF ADMlNISTRA nON OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
(second readinl! and adoption) - It IS recommendeu that the contract be
amended between the City and the Board of Administration of tht' California
Public Employees' Retirement Board to provide Section 21574 (Fourth Level of
1959 Survivor Benefits) for local miscellaneous memhers and local safety
members. During the negotiations process for Fiscal Year 1997/98. PERS
notified the City that there were sufficient savings in the Miscellaneous and
Safety Survivors benefits accounts to allow increasing this option to the fourth
level. There is a separate Survivors henefits account for the Miscellaneous
retirement members, which has sufficient funds to increase this option to the
fourth level without any costs heing passed on to the City for 25 years. There.
are also separate survivor benefits accounts for the safety units of Police and
Fire. The Police account has surplus funds to cover the increased cost for three
years, while the Fire account has surplus funds for only one year. Stan
recommends Council place the ordinanœ on second reading and adoption.
(Budget Manager)
7. ORDINANCE 2729 AMENDING SECTION 8.20.025 OF THE MUNICIPAL CODE RELATED
TO VENDING VEHICLES - RESTRICTIONS NEAR ELEMENTARY
SCHOOL FACILITIES (second readinl! and adoption) - City staff has been
experiencing a problem in dealing with complaints regarding Ice-cream vendors
in the immediate vicinity of our local schools. A change in the structuring of
our schools has created a problem with the language in the ordinance restricting
vending vehicles. Additionally. staff feels that there is now a need to
incorporate schools, other than elementary schools. mto the language of the
existing ordinance restricting these vending vehicles. Many of the complaints
and reported prohlems have come from the areas surroundIng Middle or J unJOr
High Schools and High Schools. The current language In the Municipal Coue
does not aJdress these other schools directly. Stan recommends Counc'li plac'e
the ordinance on second reading and adoption. (Ollector of Puhllc Works and
Chief of Police)
8. ORDINANCE 2730 ENACTING THE CITY OF CHULA VISTA COMMUNITY FACILITIES
DISTRICT ORDINANCE (second readin1! and adoption) - The City IS
currently conducting proceedings for the formation of a Community Facilities
District, pursuant to the "Mello-Roos Community Facilities Act of 1982"
("Mello-Roos Act"), to finance the operation and maintenance of the proposed
Otay Ranch SPA One Open Space Maintenance Dlstnct. the Otay R.anch
Preserve Maintenance District, and the Sunbow II Open Space District. The
proposed ordinanœ will enable the City to amend the Mello-Roos Act to
accomplish the following: (I) incorporate all mallltenance activities authonzed
by the "Landscaping & Lighting Act of 1972" (" 1972 Act"): (2) mdude
maintenance activi ties not listed in the" Mel 10- Roos Act" or the" 1972 Act": and
(3) establish an operating reserve hllld for open space districts. Staff
recommends Council place the ordinance on second reading and adoption.
(Director of Puhlic Works)
Agenda -3- April 28, 1998
9. ORDINANCE 2731 APPROVING AMENDMENTS TO THE SUNBOW II SECTIONAL
PLANNING AREA (SPA) PLAN CONSISTING OF MODlFICA nONS TO
THE PLANNED COMMUNITY DISTRICT REGULATIONS REGARDING
SIDEY ARD SETBACKS AND FLOOR AREA RA no (second readinl! and
adoption) - The applicant proposes to amend the Sectional Planning Area (SPA)
plan for the Sunbow II prqject. The proposed amendments would change the
required sideyard setbacks from 13'/3' (minimum total/one side) to 10i5". and
would increase the allowable Hoor area ratio from 50 % to 55 % in the
Residential Single Family land use district. Staff recommends Council place the
ordinance on second reading and adoption. (Director of Plannlllg)
10. RESOLUTION 18963 WAIVING THE CITY'S FORMAL BIDDING PROCESS AND
AWARDING A CONTRACT TO A THRU Z CONSUL TLNG TO
CONSTRUCT A CLAPPER RAIL AVIARY AT THE NATURE CENTER.
This item requests authorization to complete the final phase (Ill) of the Clapper
Rail Exhibit. Entire funding of this project has come from outside sources and
no City funds will be used on this exhihit. Council approveu Phase I
construction and awarded a contract for It on 9/19/95, a contract for Phase II
construction on 3/26/96, and a final contract and appropriation on 8/26/97 to
build the aviary. The final phase consists of construction of the aviary and
design and installation of the interpretive features. That contract was awarded
to American Steel Builders Inc. who never executed the agreement and returned
it to us. They were unahle to perform the work and have' re'L'ommended A Thru
Z Consulting for the work. We have purchased cages from A Thru Z in the
past and are confident that they can build a fine aviary for us. Staff
recommends approval of the resolution. (Executive Director, Bayfront
Conservancy Trust)
I1.A. RESOLUTION 18971 APPROVING FINAL MAP OF TRACT NUMBER 97-01, UNIT 2,
RANCHO DEL REY SPA III PARCEL R-6 (BOLERO), ACCEPTING ON
BEHALF OF THE CITY PUBLIC EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT - On
2/18/97, Council approved the Tentative Subdivision Map for Tract 97-0 I,
Rancho Del Rey SPA III Parcel R-6. The Final Map. Suhdivision Improvement
Agreement, and Supplemental Suhdlvlslon Improvement Agreement are' no\',
before Council tÓr consideration and approval. Stall recommends approval 0/
the resolutions. (Director of Puhlic Works)
B. RESOLUTION 18972 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 97-01, UNIT 2, RANCHO DEL REY III
PARCEL R-6 (BOLERO) AND AUTHORIZING THE MA YOR TO
EXECUTE SAID AGREEMENT
12. RESOLUTION 18973 ACCEPTING BIDS AND AWARDING CONTRACT FOR
"CONSTRUCTION OF SIDEW ALK RAMPS ON VARIOUS STREETS IN
THE CITY FISCAL YEAR 1997/98 (ST-513E)", AND AUTHORIZING
THE CITY MANAGER TO EXECUTE CHANGE ORDERS AS
APPROPRIA TE TO UTILIZE THE REMAINING PROJECT FUNDS TO
INST ALL MORE RAMPS THAN THOSE BID - On 3/18/98. sealed hids
were received. The work to he done consists of removal of curh. gutter.
sidewalk, and the construction of pedestrian ramps on various streets In the City.
Staff recommends approval of the resolution. (Director of Public Works)
Agenda -4- Apnl 28, 1998
13. RESOLUTION 18974 APPROVING A PURCHASE AGREEMENT WITH A TS COMPUTERS,
INe. TO PROVIDE DESKTOP COMPUTER SYSTEMS ON AN "AS-
NEEDED" BASIS THROUGH MARCH 31,1999, WITH AN OPTION TO
RENEW THE AGREEMENT FOR FIVE ADDITIONAL, ONE YEAR
PERIODS - Specifications for desktop computer systems have been updated and
bid out on the open market. The llltent of the bId process was to slalllJardlLe
City computer systems requirements and commit to a single supplier over an
extended period of time for favorable terms and pnclllg, Stall reu) nmends
approval of the resolution. (Director of Finance and Director of Management
and Information Services)
14.A. RESOLUTION 18975 AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR
FISCAL YEAR 1998/99; THE ISSUANCE AND SALE OF A 1998/99 TAX
AND REVENUE ANTICIPATION NOTE THEREFOR AND
PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW
FINANCING PROGRAM - In order to address cash shortfalls that are
projected to occur in the General Fund dunng Fiscal Year 1998/99 due to the
cyclical nature of some of our major revenue sources, It IS recommended that
the City take advantage of the opportuility to h"rrow J1j()J1c') OJ1 a ~1l<Jltklll1
basis at the lowest cost by Issuing a Tax and Revenue Anticipation Note through
the pooled financing program sponsored hy the League of Cali fornia Cities. As
has been done during the last two fiscal years. such a borrowing IS
recommended as an alternative to borrowing from other City funds. Staff
recommends approval of the resolutions. (Director of Finance)
B. RESOLUTION 18976 DIRECTING THE CITY MANAGER TO INCLUDE IN THE FISCAL
YEAR 1998/99 PROPOSED BUDGET APPROPRIATIONS OF $JI2.800
FOR TAX AND REVENUE ANTICIPA TION NOTE PROJECTED
INTEREST AND ISSUANCE COSTS AND ESTIMATED INTEREST
REVENUES OF $312,800 FROM INVESTMENT OF THE NOTE
PROCEEDS
15. REPORT IN ACCORDANCE WITH CHARTER SECTION 504(0,
CONSIDERA TION OF THE FISCAL STATUS REPORT FOR FISCAL
YEAR 1997/98 AS OF MARCH 31, 1998 - Section 504(t) of the City Charter
requires quarterly and annual fiscal status reports to he tïlt;d hy the Director of
Finance through the City Manager. The report for consideration covers the
period of July I, 1997 through March 31, 1998. The report reflects that the
aggregate sources of funds (revenues and transIÚs-lll) are prOlel'led to he
slightly more than the aggregate uses of funds (expenditures and transfers-out)
by approximately $5,000. This variance IS so slight as to lead to the conclusl()n
that operations for the year will basically be balanced; i.e. current year funding
will cover current year expenditures. These pro el'llons are Judged to he
prudently conservative, and we expect some Ilnprovement III these numbers hy
the end of the fiscal year. Staff recommends Council accept the report.
(Director at Finance)
Agenda -5- April 28. 1998
16. REPORT FORMATION OF THE SAN MIGUEL RANCH SECTIONAL PLANNING
AREA (SPA) PLAN CITIZENS REVIEW GROUP - Trimark Pacific - San
Miguel LLC, has submitted applications for the proœssing of a Sectional
Planning Area (SPA) Plan and associated Subsequent Environmental Impact
Report for the San Miguel Ranch project. A condition of appr()\al fur thc
previously adopted General Development Plan requires the tÙrmatHHl of a
citizens committee to provide input into the SPA plannlllg process tur the
project. Staff recommends Council approve the resolution. (Director of
Planning)
RESOLUTION 18977 EST ABLISHING A CITIZENS REVIEW GROUP FOR THE SAN
MIGUEL RANCH SECTIONAL PLANNING AREA PLAN
* * * EN/) OF CONSENT CALEN/)AR * * *
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the Ci(v
Clerk prior to the meeting.
17. PUBLIC HEARING PCM-98-25; AMENDMENTS TO CHAPTERS 19.04, DEFINITIONS, AND
19.48, P-C PLANNED COMMUNITY ZONE OF THE MUNICIPAL CODE
PERTAINING TO COMMUNITY PURPOSE FACILITIES - The
application, submitted by The Eastlake Company anJ co-sponsoreJ by the City.
proposes to amend Municipal Code Chapters 19.04, Definitions and 19.48. P-C
Planned Community Zone. The proposed amendments consist of expandll1g the
definition of Community Purpose Facilities (CPF) to allow open ball fields to
the list of permitted uses identified in the Detïllltions Sectiun; Consolidate cpr
requirements and criteria, presently located in different Chapters. into a single
Section ofthe ahove mentioned P-C, Planned Community Zone; Convert the list
of permitted uses into Conditional Use Permit uses; and establish criteria to linut
the percentage of the required CPF acreage that may be used for open
recreational ball fields within a planned cummunlty. Staff recommends Coline II
place the ordinanœ on first reading. (Director of Planning)
ORDINANCE 2732 AMENDING CHAPTERS 19.04, DEFINITIONS, AND 19.48, P-C
PLANNED COMMUNITY ZONE OF THE MUNICIPAL CODE (first
readin1!)
Agenda -6- April 28, 1998
18. PUBLIC HEARING PCM-98-03; AN AMENDMENT TO THE SUN BOW II SECTIONAL
PLANNING AREA (SPA) PLAN CONSISTING OF THE
INCORPORATION OF AN AIR QUALITY IMPROVEMENT PLAN AND
A WATER CONSERVATION PLAN INTO THE SPA PLAN FOR THE
SUNBOW n PLANNED COMMUNITY - AYRES LAND COMPANY - As
required by condition number 93 of the Sunhow II Tentative Subdivision Map
(Tract 90-07) conditions of approval, the applicant has suoll1ltted a SPA
Amendment application to incorporate Air QualIty Improvement am! Water
Conservation Plans into the previously adopted Sunhow II Sectional PlannIng
Area (SPA) plan. Staff recommends Council approve the resolution. (Director
of Planning)
RESOLUTION 18978 APPROVING AN AMENDMENT TO THE SECTIONAL PLANNING
AREA PLAN FOR SUN BOW II CONSISTING OF THE
INCORPORATION OF AN AIR QUALITY IMPROVEMENT PLAN AND
A WATER CONSERVATION PLAN INTO THE SPA PLAN
19. PUBLIC HEARING PCS-97-02(M); MODIFY TENTATIVE MAP CONDITIONS OF
APPROV AL TO ALLOW INST ALLA TION OF LANDSCAPING AND
rRRIGA TION IN THE PARKW A YS BY INDIVIDUAL HOMEOWNERS -
This request is to modify the applicahle Tentatlw Map conditIOn to allow the
installation and maintenance of landscaping and Irrigation In parkways III slllgle
family subdivisions hy the individual homeowners. with entÙrcelllent hy the
Master Homeowners AssociatIOn through ConditIOns. Covenants. and
Restrictions. Staff recommends approval ot the resolutIon. (Director ot
Planning)
RESOLUTION 18979 APPROVING A MODIFICATION TO CONDITION NUMBER 86 OF THE
TENTATIVE MAP PCS-97-02, MCMILLIN OTAY RANCH SPA ONE,
AND ADDING FURTHER CONDITIONS THERETO RELA TINe TO
INDIVIDUAL HOMEOWNER MAINTENANCE OF PARKWAYS
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or CommiUees.
None submitted.
ACTION ITEMS
The items Listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staffrecommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting.
None suoillitted.
Agenda -7- April 28, 1998
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
20. CITY MANAGER'S REPORT(S)
A. Scheduling of meetings.
21. MA YOR'S REPORT(S)
A. Consideration of resolution supporting Proposition A.
22. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on May ). 1998 at
4:00 p.m. in the City Council Chambers.
"I declare 1!Inder pen~!ty of perjury that I am
employed by the (T.y o;}f Chu!a V:sta in the
Office of the Ci~y Cieri, and t:ì~t ¡ posted
. this Agenda/Notice on the Bulletin Board at .
Tuesday, Apnl 28, 1998 the Public serv1js Building and at City Hall on CouncIl Chambers
6:00 p.m. DATED. ~?1' ;1%",SIGNED B~~-J>\fhliC SefVIœs Building
(immediately following the City Council Meet g
City of Chula Vista City Council
CLOSED SESSION AGENDA
Effective April I, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are pennitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by Law to return to open session, issue any reports of final action taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated
at this point in order to save costs so that the Council's return from closed session, reports of final action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk 's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to
Government Code Section 54956.9
. In the Matter of the Application of San Diego Gas & Electric Company (U 902-E) for Authonty
to Sell Electrical Generation Facilities and Power Contracts.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: David Rowlands or designee for CYEA, WCE, POA, IAFF. Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western CouncIl of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management. and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
141 doc:are binder pena~ty of perJury that I am
em~!oyoj by be:' i:y of Chu!a Vista in the
Office of the Citj CI.}rk and that I posted
. this Agenda/Nolica on the Bullet' B d t '
Tuesday, Apnl 28, 1998 .:. . In oar a Council Chambers
6'00 the PUb"c~...~e. BU"d,"g...~ bl', S ',. B 'ld'
. p.m. DAT ~..J>-'~ U lC ervlœs Ul lllg
(immediately following the City Councl~~ 9 SIGNED e-.'< , "
SPECIAL MEETING NOTICE
City of Chula Vista City Council
CLOSED SESSION AGENDA
Effective April I, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City
Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following
items of business which are pennitted by law to be the subject of a closed session discussion, and which the
Council is advised should be discussed in closed session to best protect the interests of the City. The Council is
required by Law to return to open session, issue any reports of final action taken in closed session, and the votes
taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated
at this point in order to save costs so that the Council's returnfrol1l closed session, reports of final action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Anticipated litigation pursuant to
Government Code Section 54956.9
. One case.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
~~'?-
2~:
~~~~
----
ClW OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date: April 23, 1998
To: The Honorable Mayor and City counc~
From: John M. Kaheny, city AttorneY~
Re: Report Regarding Actions Take in Closed Session
for the Meeting of 4/21/98
The City Council met in Closed Session on 4/21/98 to discuss In the
Matter of the Application of San Diego Gas & Electric Company (U
902-E) for Authority to Sell Electrical Generation Facilities and
Power Contracts; CMI, and labor negotiations.
The Redevelopment Agency met in Closed Session on 4/21/98 to
discuss Conference with Real Property Negotiator: 760 Broadway
(Parcels Nos. 571-200-13, 14, 15, 16 and 17) Redevelopment Agency
and Broadway Village Business Homes, L.P.
Conference with Legal Counsel regarding Existing Litigation -
Pursuant to Government Code section 54956.9: Wally Bozek and Henry
Gonzalez vs. the Redevelopment Agency of the City of Chula vista
and Walmart Stores, Inc.
Conference with Legal Counsel regarding Anticipated Litigation -
Pursuant to Government Code section 54956.9(c), Initiation of
Litigation - Two cases.
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the city
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK: 19k
C:\lt\clossess.no
bA,-/
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
~ PosI{;or&JnøAeqdedP~
April16,1998
TO: Beverly Authelet, City Clerk
FROM: Armando Bueln~ssistant to the Mayor and Council
SUBJECT: RESIGNATION FROM THE INTERNATIONAL FRIENDSHIP
COMMISSION
This is to inform you that Jerry Schlegel has verbally resigned from the International
Friendship Commission due to conflicts with his work schedule. Please place this item
on the next available agenda to allow the City Council to formally accept his
resignation.
ab
cc: Mary Chapman, International Friendship Commission Secretary
5ß-!
ORDINANCE NO. ð-1 '} 1 ~,\,o~
~
AN ORDINANCE OF THE CITY OF CHULA ~TA
AUTHORIZING AN AMENDMENT TO THE ~TRACT
BETWEEN THE CITY COUNCIL OF T~E CI~ F CHULA
VISTA AND THE BOARD OF ADMINI~~ ON OF THE
CALIFORNIA PUBLIC EMPLOYEES' RE MENT SYSTEM
~~O
The City Council of the City of Chula Vista does ordain
as follows: .
SECTION 1: That an amendment to the contract between the
City Council of the City of Chula vista and the Board of
Administration, California Public Employees' Retirement System is
hereby authorized, a copy of said amendment being attached hereto,
marked Exhibit, and by such reference made a part hereof as though
herein set out in full.
SECTION 2: The Mayor of the City Council is hereby
authorized, empowered, and directed to execute said amendment for
and on behalf of said Agency.
SECTION 3: This Ordinance shall take effect thirty (30)
days after the date of its adoption, and prior to the expiration of
fifteen (15) days from the passage thereof shall be published as
least once in the Chula Vista Star News, a newspaper of general
circulation, published and circulated in the City of Chula Vista
and thenceforth and thereafter the same shall be in full force and
effect.
Presented by Approved as to form by
John D. Goss, City Manager
c: lorlpers
-
..
N PACKET
~~:N~~~AA~I ~IRST REA,DING
OF THIS ORDINANCE ON,
~-:L/--q8
~' t-I
ORDINANCE NO. ð- í }.. 1
AN ORDINANCE OF THE CITY OF CHULA ~~\O~
AUTHORIZING AN AMENDMENT TO THE ~QN~ CT
BETWEEN THE CITY COUNCIL OF THE ~fðY~ F CHULA
VISTA AND THE BOARD OF ~~~ TION OF THE
CALIFORNIA PUBLIC EMPL%-e RETIREMENT SYSTEM
The City Council of the City of Chula Vista does ordain
as follows:
SECTION 1: That an amendment to the contract between the
City Council of the City of Chula Vista and the Board of
Administration, California Public Employees' Retirement System is
hereby authorized, a copy of said amendment being attached hereto,
marked Exhibit, and by such reference made a part hereof as though
herein set out in full.
SECTION 2: The Mayor õr the City Council is hereby
authorized, empowered, and directed to execute said amendment for
and on behalf of said Agency.
SECTION 3: This'Ordinance shall take effect thirty (30)
days after the date of its adoption, and prior to the expiration of
fifteen (15) days from the passage thereof shall be published as -,
least once in the ChulaVista Star News, a newspaper of general
circulation, published and circulated in the City of Chula Vista
and thenceforth and thereafter the same shall be in full force and
effect.
Presented by Approved as to form by
John D. Goss, City Manager
c: lor\pers
¿-~/
INFORMATION PACKET
SCANNED AT FIRST READING ..\.
OF THIS ORDINANCE ON: R~\O~
41-,;1./- q't? ORDINANCE NO. )( 7.2:Q #
AN ORDINANCE OF THE CITY .9F:> ~CHULA VISTA
AMENDING SECTION 8.20.025 Pi9~HE CHULA VISTA
MUNICIPAL CODE RELAT~~~~NDING VEHICLES -
RESTRICTIONS NEAR ELE~RKY SCHOOL FACILITIES
-,
The City Council of the City of Chula Vista does hereby
ordain as follows:
SECTION I: That Section 8.20.025 of the Chula Vista
Municipal Code is hereby amended to read as follows:
Chapter 8.20
FOOD VENDORS5
Sections~
8.20.010 Vending vehicles-Definitions.
8.20.020 Vending vehicles-For foodstuffs and ice
cream-License tax required.
8.20.025 Vending vehicles-Restrictions near elementary
school facilities.
8.20.030 Vending vehicles-Parking and stopping regulations.
8.20.040 Vending vehicles-compliance with certain
regulations required.
8.20.025 Vending Vehicles-Restrictions near elementary school
facilities.
A. No person shall stop or park a food vending vehicle on a
public street within 500 feet of any clcmcnt~ry school
property boundary in th~c::~ty of Chula Vista between the hours
of 7:00 a.m. and ~ ~:R:P:! p.m. on regular school days.
B. "Elcmcnt~ry School" means all public or private schools in
which instruction is given through grade B- ::!::::~~:!:!:!:!: or in any
one or more of such grades, unlcoo gr~dco 7 "6wa""""""8 ~ttcnd ~
junior high ochool .
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\or\820025
~7'-J
ORDINANCE NO. :( 7 e:¿9 í\\o~
AN ORDINANCE OF THE CITY OF CHULA ~~;
AMENDING SECTION 8.20.025 OF THE CH /ISTA
MUNICIPAL CODE RELATED TO VEND IN CLES -
RESTRICTIONS NE~ ELEMENT~ ACILITIES
The City Council of the City of Chula Vista does hereby
ordain as follows:
SECTION I: That Section 8.20.025 of the Chula Vista
Municipal Code is hereby amended to read as follows:
Chapter 8.20
FOOD VENDORS5
Sections:
8.20.010 Vending vehicles-Definitions.
8.20.020 Vending vehicles-For foodstuffs and ice
cream-License tax required.
8.20.025 Vending vehicles-Restrictions near elemeBtary
school facilities.
8.20.030 Vending vehicles-parking and stopping regulations.
8.20.040 Vending vehicles-Compliance with certain
regulations required.
8.20.025 Vending vehicles-Restrictions near elemeBtary school
facilities.
A. No person shall stop or park a food vending vehicle on a
public street within 500 feet of any elementary school
property boundary in thf:<::i ty of Chula Vista between the hours
of 7:00 a.m. and 4+e-G ã:~:!~ p.m. on regular school days.
B. "Element~ry School" means all public or private schools in
which instruction is given through grade ~ '¡¡=iii!iiii:ii or in any
one or more of such grades , unleoo gr~àeo 7áridnn8 ~ttend ~
junior high ochool .
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
c: lorl820025
~7-J
:c>~~
~\)~
ORDINANCE NO.~
~\)-
AN ORDINANCE OF THE CITY OF, - A VISTA ENACTING THE CITY
OF CHULA VISTA COMMUNITY FACILITIES DISTRICT ORDINANCE
WHEREAS, the City of Chula Vista (the "City") is a municipal corporation and charter
city duly organized and existing under a freeholder's charter pursuant to which the City has the
right and power to make and enforce all laws and regulations in respect to municipal affairs and
certain other matters in accordance with and as more particularly provided in Sections 3, 5 and
7 of Article XI of the Constitution of the State of California (the "Constitution") and the Charter
of the City (the "Charter"); and .
WHEREAS, the Mello-Roos Community Facilities Act of 1982, as amended (the "Mello-
Roos Act"), provides the City with an alternative method of financing certain public capital
facilities and services, especially in developing areas and areas undergoing rehabilitation; and
WHEREAS, the Mello-Roos Act authorizes the establishment of a community facilities
district to finance the maintenance of parks, parkways and open space but does not expressly
authorize a community facilities district to finance habitat maintenance and the monitoring of
biological resources and certain maintenance and services authorized to be financed through the
Landscaping and Lighting Act of 1972; and
WHEREAS, the City Council of the City, acting under and pursuant to the powers
reserved to the City under Sections 3, 5 and 7 of the Constitution and the Charter, finds that the
public interest and necessity require the enactment of this ordinance to authorize, and establish
the authorization and procedure for, the formation of community facilities districts by the City
to finance such additional public services not authorized by the Mello-Roos Act as the City
Council may deem necessary.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION 1. Declaration of Policy. It is hereby declared to be the policy of the City to permit
the financing of public services pursuant to the authorization and procedure set forth in this
Ordinance as well as by any other method permitted by law. This ordinance is enacted pursuant
to the powers reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution
and under the Charter.
SECTION 2. Short Title. This Ordinance shall be known as and may be citp-' '{(t.1 of
Chula Vista Community Facilities District Ordinance." ~ ? ~~\)l~G
1 10 '31? .
0 ?, \J\ p.. f I?' t. O~.
SECTION 3. Authority and Procedure. Whenever tì 1 ~ ;~~t.\) ~~\)l~p..~C
the City Council of the City may, acting under an<. ~~ 1\"\15 - q8 _d.)ll a
community facilities district as provided for in the if -:;J. / _""pL as otherwise
1
#8//
provided in the Ordinance, the provisions of the Mello-Roos Act, now in effect or as such act
may be amended from time to time, are hereby incorporated in this Ordinance by this reference
and made a part hereof.
SECTION 4. Provisions Not Exclusive. This provisions of this Ordinance are not exclusive.
The power and authority conferred upon the City Council by the provisions of this Ordinance
are in addition to and supplemental to the powers conferred by the Charter, any other ordinance
of the City or law. Additionally, the City Council may elect to follow the procedures now or
hereafter provided by general law, including without limitation, the Mello-Roos Act; provided,
however, that whenever the City is acting pursuant to this Ordinance the provisions of this
Ordinance shall be controlling to the extent that "they are in conflict with any of the provisions
of such general law,
SECTION 5. Amendments to Mello-Roos Act.
A. The services authorized to be financed pursuant to Government Code Section 53313 are
hereby amended to add and include::
1. The maintenance, operation and management of public property in which the City
of Chula Vista has a property interest in or private property that is required to be
dedicated or maintained as open space or for habitat preservation or both. Such property
may be located outside the boundaries of the applicable community facilities district and
outside the jurisdictional boundaries of the City. Such maintenance, operation and
management shall mean the furnishing of services and materials for the ordinary and
usual maintenance, operation and management of any open space or habitat area as may
be required by the City or other public agency charged with the responsibility to
maintain, operate or manage any such area. Such services may include but shall not be
limited to the following:
(a) Repair, removal or replacement of any improvement, structure or facility
necessary or convenient to the maintenance, operation or management of
the open space or habitat area;
(b) Providing for the life, growth, health, and beauty of habitat, including
cultivation, irrigation, trimming, spraying, fertilizing, or treating of
disease or injury;
(c) The removal to trimmings, rubbish, debris, and other solid waste;
(d) The operation and management of open space and natural habitat,
including biological monitoring and evaluation of collected data;
(e) The conduct of biological activities necessary to sustain the species being
protected; and
2
~ ð~d-
(f) The operation and maintenance of pedestrian bridges and community
gardens within or appurtenant to such open space or habitat area(s).
2, The maintenance and/or servicing of "improvements" as such term is defined in
Streets and Highways Code Section 22525. In addition to those improvements identified
in Streets and Highways Code Section 22525, the term "improvements" shall also include
pedestrian bridges. For purposes of this paragraph 2, the term "maintenance" shall have
the meaning given such term in Streets and Highways Code Section 22531 and the term
"servicing" shall have the meaning given such term in Streets and Highways Code
Section 22538. All terms contained in Streets and Highways Code Sections 22531 and
22538 which are deEmed in Article 2 of Chapter 1, Part 2, Division 15 of the Streets and
Highways Code shall have the meaning given to such terms in such code.
B. Any community facilities district established for one or more of the purposes authorized
in Government Code Section 53313 or in paragraphs A.I. or A.2. above may establish
maintenance or service zones or areas within such district to facilitate the provision and
administration of such services,
C. At the time a community facilities district is formed to provide any of the services
authorized pursuant to paragraphs A.I. or A.2. above or territory is annexed to an existing
community facilities district which was formed to provide any of the services authorized
pursuant to paragraphs A.I. or A.2. above, the owner or developer of the property within such
newly formed community facilities district or the territory annexed to an existing community
facilities district shall be responsible for providing such services or causing such services to be
provided for a minimum period of one year from the date of formation of such community
facilities district or the date of annexation of such territory to an existing community facilities
district, respectively, or if required by the City Manager, until such later time as the open space
or habitat area and/or the improvements which are to be financed from special taxes to be levied
within such newly formed community facilities district or such territory annexed to an existing
community facilities district are accepted by the City Manager or his or her designee.
For each community facilities district formed to provide any of the services authorized
pursuant to paragraphs A.l. or A.2. above, there shall be established and maintained an
operating reserve fund in an amount not to exceed one hundred percent (100%) of the annual
maintenance, operations and management budget for each such community facilities district for
any fiscal year. The rate and method of apportionment of the special tax for any such community
facilities district shall provide that the special tax may be levied on all taxable property within
the community facilities district prior to the acceptance by the City or other public entity for
operation, maintenance and management of the open space or habitat areas and/or improvements
to be operated, maintained and managed from the proceeds of the special taxes in order to
initially fund the operating reserve fund at an amount equal to one hundred percent (100%) of
the estimated ~nual maintenance, operations and management budget for the first fiscal year
following acceptance of such areas or improvements. If the areas and/or improvements are to
be accepted incrementally, the operating reserve fund shall be initially funded incrementally in
3
~~~3
an amount equal to one hundred percent (100 %) of the estimated annual maintenance, operations
and management budget for the first fiscal year following acceptance of such increment of the
areas and/or improvements. A precondition to the acceptance of any open space or habitat area
and/or improvements by the City or another public entity for operation, maintenance and
management shall be that the operating reserve fund for such area or improvements must have
been funded at an amount equal to one hundred percent'(100%) of the annual budget for the
operation, maintenance and management of such area and/or improvements for the fiscal year
following the acceptance thereof (the "Reserve Fund Requirement"). The rate and method of
apportionment of the special tax shall further provide that following acceptance of the areas
and/or improvements or any increment thereof the proceeds of the annual special tax levy may
be used to replenish the operating reserve fund tó the Reserve Fund Requirement provided that
the annual special tax levy shall not exceed the authorized maximum special tax for such fiscal
year. Such operating reserve shall be maintained for and may be used to provide necessary
operating revenue for the fIrst six (6) months of each fiscal year and to pay for extraordinary
unbudgeted expenses occurring during any fiscal year.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force on the
thirtieth (30th) day after its adoption. Within fifteen (15) days of its adoption the City Clerk shall
cause this Ordinance to be published in a newspaper of general circulation in the City as
required by law.
Presented by: Approved as to form by:
CL- 'V\A.. <j.c~ :If ~ .
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
4
~?/f
;¿ 730 ri-'\O~/
ORDINANCE NO. ~{).~.
~..~..
AN ORDINANCE OF THE CITY OF CHULA VISTA ENA CITY
OF CHULA VISTA COMMUNITY F ACILITIES ~ INANCE
WHEREAS, the City of Chula Vista (the "City") is unicipal corporation and charter
city duly organized and existing under a freeholder's charter pursuant to which the City has the
right and power to make and enforce all laws and regulations in respect to municipal affairs and
certain other matters in accordance with and as more particularly provided in Sections 3, 5 and
7 of Article XI of the Constitution of the State of California (the "Constitution") and the Charter
of the City (the "Charter"); and
WHEREAS, the Mello-Roos Community Facilities Act of 1982, as amended (the "Mello-
Roos Act"), provides the City with an alternative method of financing certain public capital
facilities and services, especially in developing areas and areas undergoing rehabilitation; and
WHEREAS, the Mello-Roos Act authorizes the establishment of a community facilities
district to finance the maintenance of parks, parkways and open space but does not expressly
authorize a community facilities district to fmance habitat maintenance and the monitoring of
biological resources and certain maintenance and services authorized to be financed through the
Landscaping and Lighting Act of 1972; and
WHEREAS, the City Council of the City, acting under and pursuant to the powers
reserved to the City under Sections 3, 5 and 7 of the Constitution and the Charter, fmds that the
public interest and necessity require the enactment of this ordinance to authorize, and establish
the authorization and procedure for, the formation of community facilities districts by the City
to finance suçh additional public services not authorized by the Mello-Roos Act as the City
Council may deem necessary.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows:
SECTION 1. Declaration of Policy. It is hereby declared to be the policy of the City to permit
the financing of public services pursuant to the authorization and procedure set forth in this
Ordinance as well as by any other method permitted by law. This ordinance is enacted pursuant
to the powers reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution
and under the Charter.
SECTION 2. Short Title. This Ordinance shall be known as and may be cited as the "City of
Chula Vista Community Facilities District Ordinance."
SECTION 3. Authority and Procedure. Whenever the public interest and necessity so require,
the City Council of the City may, acting under and pursuant to this Ordinance, establish a
community facilities district as provided for in the Mello-Roos Act. Except as otherwise
I
~1)r(
provided in the Ordinance, the provisions of the Mello-Roos Act, now in effect or as such act
may be amended from time to time, are hereby incorporated in this Ordinance by this reference
and made a part hereof.
SECTION 4. Provisions Not Exclusive. This provisions of this Ordinance are not exclusive.
The power and authority conferred upon the City Council by the provisions of this Ordinance
are in addition to and supplemental to the powers conferred by the Charter, any other ordinance
of the City or law. Additionally, the City Council may elect to follow the procedures now or
hereafter provided by general law, including without limitation, the Mello-Roos Act; provided,
however, that whenever the City is acting pursuant to this Ordinance the provisions of this
Ordinance shall be controlling to the extent that they are in conflict with any of the provisions
of such general law.
SECTION 5. Amendments to Mello-Roos Act.
A. The services authorized to be financed pursuant to Government Code Section 533i3 are
hereby amended to add and include::
1. The maintenance, operation and management of public property in which the City
of Chula Vista has a property interest in or private property that is required to be
dedicated or maintained as open space or for habitat preservation or both. Such property
may be located outside the boundaries of the applicable community facilities district and
outside the jurisdictional boundaries of the City. Such maintenance, operation and
management shall mean the furnishing of services and materials for the ordinary and
usual maintenance, operation and management of any open space or habitat area as may
be required by the City or other public agency charged with the responsibility to
maintain, operate or manage any such area. Such services may include but shall not be
limited to the following:
(a) Repair, removal or replacement of any improvement, structure or facility
necessary or convenient to the maintenance, operation or management of
the open space or habitat area;
(b) Providing for the life, growth, health, and beauty of habitat, including
cultivation, irrigation, trimming, spraying, fertilizing, or treating of
disease or injury;
(c) The removal to trimmings, rubbish, debris, and other solid waste;
(d) The operation and management of open space and natural habitat,
including biological monitoring and evaluation of collected data;
(e) The conduct of biological activities necessary to sustain the species being
protected; and
2
~ o~2
(f) The operation and maintenance of pedestrian bridges and community
gardens within or appurtenant to such open space or habitat area(s).
2. The maintenance and/or servicing of "improvements" as such term is derIDed in
Streets and Highways Code Section 22525. In addition to those improvements identified
in Streets and Highways Code Section 22525, the term "improvements" shall also include
pedestrian bridges. For purposes of this paragraph 2, the term "maintenance" shall have
the meaning given such term in Streets and Highways Code Section 22531 and the term
"servicing" shall have the meaning given such term in Streets and Highways Code
Section 22538. All terms contained in Streets and Highways Code Sections 22531 and
22538 which are derIDed in Article 2 of Chapter 1, Part 2, Division 15 of the Streets and
Highways Code shall have the meaning given to such terms in such code.
B. Any community facilities district established for one or more of the purposes authorized
in Government Code Section 53313 or in paragraphs A.I. or A.2. above may establish
maintenance or service zones or areas within such district to facilitate the provision and
administration of such services.
C. At the time a community facilities district is formed to provide any of the services
authorized pursuant to paragraphs A.I. or A.2. above or territory is annexed to an existing
community facilities district which was formed to provide any of the services authorized
pursuant to paragraphs A.I. or A.2. above, the owner or developer of the property within such
newly formed community facilities district or the territory annexed to an existing community
facilities district shall be responsible for providing such services or causing such services to be
provided for a minimum period of one year from the date of formation of such community
facilities district or the date of annexation of such territory to an existing community facilities
district, respectively, or if required by the City Manager, until such later time as the open space
or habitat area and/or the improvements which are to be financed from special taxes to be levied
within such newly formed community facilities district or such territory annexed to an existing
community facilities district are accepted by the City Manager or his or her designee.
For each community facilities district formed to provide any of the services authorized
pursuant to paragraphs A.I. or A.2. above, there shall be established and maintained an
operating reserve fund in an amount not to exceed one hundred percent (100%) of the annual
maintenance, operations and management budget for each such community facilities district for
any fiscal year. The rate and method of apportionment of the special tax for any such community
facilities district shall provide that the special tax may be levied on all taxable property within
the community facilities district prior to the acceptance by the City or other public entity for
operation, maintenance and management of the open space or habitat areas and/or improvements
to be operated, maintained and managed from the proceeds of the special taxes in order to
initially fund the operating reserve fund at an amount equal to one hundred percent (100%) of
the estimated annual maintenance, operations and management budget for the first fiscal year
following acceptance of such areas or improvements. If the areas and/or improvements are to
be accepted incrementally, the operating reserve fund shall be initially funded incrementally in
3
ß--7 JY-J
an amount equal to one hundred percent (100%) of the estimated annual maintenance, operations
and management budget for the first fiscal year following acceptance of such increment of the
areas and/or improvements. A precondition to the acceptance of any open space or habitat area
and/or improvements by the City or another public - entity for operation, maintenance and
management shall be that the operating reserve fund for such area or improvements must have
been funded at an amount equal to one hundred percent (100 %) of the annual budget for the
operation, maintenance and management of such area and/or improvements for the fiscal year
following the acceptance thereof (the "Reserve Fund Requirement"). The rate and method of
apponionment of the special tax shall further provide that following acceptance of the areas
and/or improvements or any increment thereof the proceeds of the annual special tax levy may
be used to replenish the operating reserve fund to the Reserve Fund Requirement provided that
the annual special tax levy shall not exceed the authorized maximum special tax for such fiscal
year. Such operating reserve shall be maintained for and may be used to provide necessary
operating revenue for the fIrst six (6) months of each fiscal year and to pay for extraordinary
unbudgeted expenses occurring during any fiscal year.
SECTION 6. Effective Date. This Ordinance shall take effect and be in full force on the
thinieth (30th) day after its adoption. Within fifteen (15) days of its adoption the City Clerk shall
cause this Ordinance to be published in a newspaper of general circulation in the City as
required by law.
Presented by: Approved as to form by:
~ 'VV'lt ~~ ~ Y\. ,
John P. Lippitt John M. Kaheny
Director of Public Works City Attorney
4
~ ¿r/~
¿¡, I' q : d\ .d .
& /' -/ , f\P I \yy
¡U:~~ ~i~;8 City Council ~ ~)
Page 4 CO'1/t7-0S"Co ~ (
B. CERTAIN MITIGATION MEASURES FEASffiLE AND ADOPTED
As m~d set forth in FEJR 95-01 and Addendum and in the Findings
o~ for this project, 'ch is Attachment "A" to this Resolution known as document
~mber ----.J a copy 0 hich is on file in the office of the City Clerk, the City Council
rhereby finds pursu to Public Resources Code Section 21 081 and CEQ A Guidelines
'Section 15 the mitigation measures described in the above referenced documents
are feasible and hereby binds itself and the Applicant and its successors in interest, to
implement those measures.
C. INFEASffiILITY OF MPDIG.ÂTION MEASURES
«JU q b'- O,,~
As more fully identified and set forth in FEJR 9Y-Ó1 and Addendum and in the Findings
ofFact for this project, which is Attachmént "A" to this Resolution known as document
number ----.J a copy of which is on file in the office of the City Clerk, the mitigation
measure regarding habitat noise mitigation described in the above referenced documents
is infeasible.
D. INFEASffiILITY OF AL TER.1\f}~lT~~-~ (,,-05 ~
As more fully identified and set forth in FEJR 95-01 and Addendum and in the Findings
of Fact, Section XI, for this project, which is Attachment "A" to this Resolution known
as document number --' a copy of which is on file in the office of the City Clerk, the
City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQ A
Guidelines Section 15091 that alternatives to the project, which were identified as
potentially feasible in FEJR 95-0 I and Addendum were found not to be feasible.
E. ADOPTION OF MITIGATION MONITORING AND REPORTING PROGRAM
As required by the Public Resources Code sect1~on 08t6~ity ~~ciï b~ ~opts
Mitigation Monitoring and Reporting Program I ogram") set forth in Attachment "B"
of this Resolution known as document mnnber .i.->, a copy of which is on file in the office
of the City Clerk. The City Council hereby finds that the Program is designed to ensure
that, during project implementation, the pem1ÏtteeJproject applicant and any other
responsible parties and the successors in interest implement the project components and
comply with the feasible mitigation measures identified in the Findings of Fact and the
Program.
B:\CCGDP.DOC ~ - 7
- ,- ~
/' -/ ---- ,
Chula Vista City Council
June 4, 1998
Page 5
F. STATEMENT OF OVERRIDING CONSIDERATION
Even after the adoption of all feasible mitigation measures and any feasible alternatives,
certain significant or potentially significant environmental effects caused by the project, or
cunru1atively, will remain. Therefore, the City Council of the City of Chula Vista hereby
issues, pursuant to CEQA Guidelines Section 15093, a Statement of Overri~
Considerations in the form set forth in Attachment "C", known as document numbé; ---:J )
a copy of which is on file in the office of the City Clerk, identifying the specific ecQQQ!JliG:'
social and other considerations that render the unavoidable significant adverse
environmental effects acceptable. Coqk:,- ~ß
v. NOTICE OF DE1ERMINATION
That the Environmental Review Coordinator of the City of Chula Vista is directed after City
Council approval of this Project to ensure that a Notice ofDetennination filed with the County
Clerk of the County of San Diego. This document along with any documents submitted to the
decision makers shall comprise the record of proceedings for any CEQA claims.
VI. ATTACHMENTS
All attachments and exhibits are incorporated herein by reference as set forth in full.
j
B:\CCGDP.DOC ý-~
CITY COUNCIL AGENDA STATEMENT
Item -& q
Meeting Date-412119~ "fffrf-tjqg
ITEM TITLE: PUBLIC HEARING: PCM-98-27; Amendments to the Sunbow II
Sectional Planning Area (SPA) Plan consisting of modification of the
Planned Community District Regulations to modify the required sideyard
setbacks and allowable floor area ratio in the RS Single Family land use
districts- Fieldstone Communities Inc.
ORDINANCE :;¿ 7 J ¿proving amendments to the Sunbow II Sectional
Planning Area (SPA) plan consisting of modifications to the Planned
Community District Regulations regarding sideyard setbacks and floor area
SUBMITTED BY: Director ofPlaruring ~ ~
REVIEWED BY: City Mamlger -JG¡ ~ --- 4/5ths V ote:(Y es_N oX)
The applicant proposes to amend the Sectional Planning Area (SPA) plan for the Sunbow II project
(see Locator attached to ordinance). The proposed amendments would change the required sideyard
setbacks ITom lO' on one side and 3' on the other to 5' on each side, and would increase the allowable
floor area ratio ITom 50% to 55% in the RS Single Family land use district.
The Environmental Review Coordinator has determined that the project is exempt ITom
environmental review under CEQA as a Class 5(a) exemption (minor alteration in land use).
BOARDS/COMMISSIONS RECOMMENDATION
On March 25, 1998, the Planning Commission voted 6-0 to recommend approval of the proposed
amendments subject to the condition that the increased floor area ratio would not apply to lots
adjacent to existing R-1 zoned single family residences.
RECOMMENDATION
That the Council adopt the ordinance approving amendments to the Sunbow II Sectional Planning
Area Plan and Planned Community District Regulations to modify the sideyard setbacks and floor
area ratio in the RS Single Family land use district subject to certain restrictions on the floor area
ratio.
lí/~~ 7 J /
<7 ' /
Page 2, Item -
Meeting Date 4/21/98
DISCUSSION
Site Characteristics
The project site is the planned community of Sunbow II. This planned community consists of 601
acres including 1946 dwelling units (sing1~- and multi-family) on 340 acres, 11 acres of
commercial and 46 acres of industrial land, an elementary school site, and approximately 200
acres of open space (see Zoning Districts Map, attached).
The Sun bow IT Tentative Map was originally approved in 1990, and was subsequently extended
in 1993. Final maps were approved in 1997 for 330 single family residences within two
neighborhoods; these properties were subsequently purchased by the applicant, Fieldstone
Communities.
Zoning and Land Use
Zoning Land Use
Site PC (Sunbow IT Planned Community) Vacant, grading currently underway for
residential
North PC (Sunbow I), COP Single Family Residential, Sharp
Hospital, and Medical Offices
South R-l Single Family, Agricultural Single Family Residential, Landfill
West R-1 Single Family Greg Rogers Park; Single Family
Residential; Schools
East PC (Otay Ranch Planned Community) Vacant, future residential
Proposal
The proposed SPA amendments consist of the modification of the development standards contained
in the Planned Community District Regulations. The proposed amendments apply to the RS Single
Family land use district, and would change the sideyard setbacks from 10' on one side and 3' on the
other (written as 13'/3', minimum total/one side) to 5' on each side (written as 10'/5', minimum
total/one side); further, they would increase the maximum floor area ratio from 50% to 55%. The
applicants have stated that these changes are necessary in order to provide a product that will be
competitive with other area developments with respect to both layout and square footage.
A5 noted, the applicant recently purchased an area within Sunbow II designated for approximately
330 single family residences; the applicant thus owns a relatively small portion of the RS zoned
-rill r X ~-2
Page 3, Item
Meeting Date 4/21/98
lands. However, Ayres Land Company, which owns the balance of the property within Sunbow II,
has indicated concurrence with the proposal (see letter, attached).
Analysis
The RS land use district within Sunbow II enc~mpasses 258 acres and a total of 1035 single family
units, each of which would be subject to the new regulations.
Staffhas compared the requests with the standards developed for similar land use districts in other
planned communities. With respect to the sideyard setbacks, the 5' on each side requested is found
in a number of other areas including Rolling Hills Ranch, Eastlake, and Rancho del Rey. The 3'
sideyard can present drainage issues, and although the minimum 10' sideyard on one side provides
the opportunity for access to the rear yard, it was established for traditional single family lots
developed at 7,000 sq.ft. and at a minimum width of 60'. With a minimum lot width of 50' as in the
case of Sun bow, meeting the existing setbacks of 10' and 3' results in a house width of37'.
With respect to the proposed increase in the allowable floor area ratio, staff has found that this
'request is consistent with the allowable floor area ratio in other planned communities and is in
keeping with other development standards. As a reminder, floor area ratio relates to building bulk
limit, and is a ratio of the total building square footage (first and second floor combined) to the lot
square footage. A 6,000 sq.ft. lot with a floor area ratio of 55% would be allowed a house size of
3,300 sq. ft. including garage, whereas a maximum 50% floor area ratio would allow 3,000 sq. ft.
The following chart depicts the pennitted floor area ratio in certain other planned communities.
RS Land RDR RDR RDR Rolling Sunbow II Sunbow II
Use District: I II III Hills (SF3) Existing Proposed
~~ -
Minimum lot size 5,000 5,000 5,000 5,000 5,000 5,000
Minimum average 6,000 6,000 6,000 ilia 6,000 6,000
Minimum lot width 50 50 50 50 50 50
FAR 50%* 55%* 55% * 60% 50% 55%
Sideyard Setbacks 10/5 10/5 10/5 10/5 13/3 10/5
(minimum totaVone
side)
* May be modified with Site Plan approval
It should be noted that standards applicable to Eastlake are similar to those above, and were not
presented in this table only because they are fonnatted differently (that is, they are presented as a
maximum building square footage or a maximum lot percentage, whichever is greater).
~ ~~)
Page 4, Item -
Meeting Date 4/21/98
As evidenced by the preceeding chart, the proposed amendments would clearly be consistent with
the development standards utilized by a number of other planned communities within the City
Planning Commission Discussion
On March 25, 1998, the Planning Commissi?n considered this proposal. At that meeting, two
residents of Laurel Street, whose homes abut the SlIDbow areas now being graded which would be
subject to the new regulations, addressed the Commission voicing objections to the proposal. The
residents expressed their concerns regarding the existing approved plan, and stated that they did not
want to see even larger homes (on smaller lots) built behind their homes (please see attached
Planning Commission minutes and map depicting speakers' locations).
Although the proposed setbacks would not affect the size of the houses which may be built, the
increased floor area ratio would allow slightly larger houses ( an additional 300 square feet for the
average 6,000 square foot lot). The proposal would have no effect on the lot square footage. As
a result of the discussion that ensued, a compromise was offered which would approve the requested
floor area ratio for the RS land use district, excluding those lots which are adj acent to existing, R-l
zoned single family homes. This solution was acceptable to the residents and the applicant, would
address the concerns stated, and was therefore approved by the Planning Commission.
Conclusion
The modifications requested would result in a residential product that would be commensurate with
other products currently under construction with respect to layout and square footage. A condition
has been added which precludes the new floor area ratio from being utilized on lots adjacent to
existing R-l zoned single family homes, thereby addressing concerns expressed by certain
neighbors. Staff therefore recommends approval of the proposed amendments to the Sunbow II
SP A Plan Planned Community District Regulations, in accordance with the attached draft City
Council Resolution which includes a restriction on lots adjacent to existing R -1 zoned single family
residences and a condition that the applicant be required to update Sunbow's Residential Design
Criteria (which supplement the PC District Regulations) to reflect the new setbacks and floor area
ratio.
FISCAL IMP ACT
The applicant has submitted a deposit to cover all costs associated with processing this application.
Attachments
1. Planning Commission Resolution -
2. Planning Commission Minutes, March 25, 1998 meeting
3. Zoning districts map
4. Letter from Ayres Land Co.
5. Adjacent Resident Map
6. Disclosure Statement
~ 7-{
ORDIN.A..NCE NO. ;¿73 /
AN ORDINANCE OF THE CITY OF CHULA VISTA .A.PPROVING
AMENDMENTS TO THE SUNBOW IT SECTIONAL PLANNING AREA
(SPA) PLAN CONSISTING OF MODIFICATIONS TO THE PLANNED
COMMUNITY DISTRICT REGULATIONS REGARDING SIDEY ARD
SETBACKS AND FLOOR AREA RATIO
1. RECITALS "
A. Project Site
WHEREAS, the property which is the subject matter of this resolution is
diagrammatically represented in Exhibit "A" attached hereto and
incorporated by this reference, identified as the Sunbow IT planned
community, ("Project Site"); and,
B. Project; Application for Discretionary Approval
\VHEREAS, on January 30, 1998 Fieldstone Communities ("Developer")
filed a Sectional Planning Area plan amendment application with the
Planning Department of the City of Chula Vista and requested approval of
amendments to the SP A plan's Planned Community District Regulations to
change the sideyard setbacks from 13'/3' (mÏnimum total/one side) to 10'/5',
and to increase the allowable floor area Tatio from 50% to 55% in the RS
Single Family Land Use District ("Project"); and,
WHEREAS, representatives of Ayres Land Company, which owns the
remaining land within the Sunbow II planned community area, has provided
written confirmation of their concurrence with the requested modifications;
and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter
of a General Development Plan, Sunbow IT previously approved by City
Council Resolution No. 15427 ("GDP") and the Sunbow IT Sectional
Planning Area Plan previously adopted by City Council Resolution No.
15524, both approved on February 20, 1990; and the Sunbow II Tentative
Subdivision Map (CVT 90-07) previously approved by City Council
Resolution No. 15640 on May 22, 1990; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on
¡:¡:¿ ¿:,) ,-
7-J'
said project on March 25, 1998, and voted to recommend that the City
Council conåitionally approve the Project., based upon the [IDdings listed
below.
E. City Council Record of ApplicatioJ;ls
WHEREAS, a duly called and noticed public hearing was held before the
City Council of the City of Chula Vista on April 21, 1998, on the
Discretionary Approval Application, received the recommendations of the
Planning Commissio~ and heard public testimony with regard to same; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determ.ille and resolve as follows:
ll. PLANNING COMlvfISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing on this project held on March 25, 1998, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding.
ID. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determ.illed that this project is exempt
from environmental review under CEQA as a Class 5(a) exemption, minor alteration
in land use.
N. SPA FINDINGS
A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN
CONFORMITY WITH THE SUNBOW n GENERAL DEVELOPMENT
PLAN AND THE CHULA VISTA GENERAL PLAN.
The amendments have no impact on the Sunbow n General Development
Plan and the Chula Vista General Plan.
B. THE SUNBOW n SECTIONAL PLANNING AREA PLAN, AS
AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF TIIE INVOLVED SECTIONAL PLANNING AREA.
The sideyard setback and floor area ratio amendments do not affect the
sequence of development v.r:ithin the Sectional Planning Area plan area.
~9~Ý
C. THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN AS AMENDED
WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY.
The sideyard setback and floor area ratio modifications requested are minor in nature.
In order to ensure that adjacent residents will not be impact, the developer has agreed
to conditions which preclude an increase in the floor area ratio adjacent to existing
single family homes. Therefore, these amendments will not adversely affect adjacent
land use, residential enjoyment; circulation, or environmental quality.
.
V ADOPTION OF SPA
In light of the findings above, the amended Sunbow II Sectional Planning Area
(SPA) plan consisting of the modification of the sideyard setbacks from 13'/3'
(minimum total/one side) to 10'/5', and to increase the allowable floor area ratio from
50% to 55% in the RS Single Family Land Use District with certain exceptions, is
hereby approved and adopted in the fonn presented and attached as Exhibit "B".
VI. !NY ALIDITY; AUTOMATIC REVOCATION
It is the intention ofthe City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every tenn provision and conditions herein
stated; and that in the event that anyone or more tenns, provisions or conditions are
detennined by a Court of competent jurisdiction to be invalid, illegal or
unenforceable, this resolution shall be deemed to be automatically revoked and of no
further force and effect ab initio.
Presented by Approved as to fonn by
Joik ~ ~
Robert A. Leiter
Planning Director City Attorney
}-JÞ-7 7'~ 7
A TT/jCHMéÆJT ~
RESOLUTION NO. PCM-98-27
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS
TO THE SUNBOW II SECTIONAL PLANNING AREA (SP A) PLAN
CONSISTING OF MODIFICATIONS TO THE PLANNED COMMUNITY
DISTRICT REGULATIONS REGARDING SIDEY ARD SETBACKS AND
FLOOR AREA RATIO
WHEREAS, a duly verified application tor an amendment to the Sunbow II Sectional
Planning Area (SPA) plan was filed with the Planning Department of the City of Chula Vista on
January 30, 1998 by Fieldstone Communities ("Developer"); and,
WHEREAS, said application requests amendments to the Sunbow II Planned Community
District Regulations to change the sideyard setbacks from 13'/3' (minimum total/one side) to 10'5',
and to increase the allowable floor area ratio from 50% to 55% in the RS Single Family Land Use
District; and,
WHEREAS, the Environmental Review Coordinator has detennined that the project is
exempt from environmental review under CEQA as a Class 5(a) exemption; and,
WHEREAS, the Planning Director set the time and place for a hearing on the proposed SPA
plan amendments and notice of said hearing, together with its pmpose, was given by its publication
in a newspaper of general circulation in the city and it mailing to property owners and tenants within
500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.,
March 25, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED TRA T THE PLANNING COMMISSION hereby
recommends that the City Council adopt the attached draft City Council Resolution approving the
amendments to the Sunbow II SPA plan Planned Community District Regulations in accordance
with the findings contained therein.
BE IT FURTHER RESOLVED TRA T a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 25th day of March, 1998, by the following vote, to-wit:
~
~~ j--2(
AYES: Commissioners Davis, O'Neill, Ray, Taratino, Thomas, and Willett
NOES: None
ABSENT: Commissioner Aguillar
.
Patty Davis, Chair
ATTEST:
Diana Vargas, Secretary
7
(
J-?ß ~ / -~
A flT1CffME/LJT ~
Planning Commission Minutes - 3 - March 25, 1998
The Environmental Coordinator has indicated that he needs more than two weeks to do the
rè\y,jew, hence, staff's recommendation to continue the hearing to April 22.
'-
"
"
"
Chair Davis stated that she had read that the transfer of environmentall ensitive lands is
exemptf~ CEQA review; its not like we're changing what we're co eying, just the order
"
of conveyanG..e. /
Rick Rosaler ~nded that the Findings of Fact specifica~~ted that the first conveyance
would be in the Otay Valley parcel. The question remai!) , how do we go about modifying
those findings in a sh'\eriod of time. // .
Mr. Tuscher stated he w~~speak on an issue hywas reluctant on addressing, and offered
clarification that the origina pplication that w¥filed on October 17, 1997 was revised due
to a City-initiated request to c~ange the applic:átion on january 30. He stated they have tried
to remain consistent to the origi~ applicati n thereby staying clear, relative to CEQA issues.
Following one of staff's suggested ~ions, 0 file another application that is identical to the one
that was filed on October 17, and st new process that will take another seven months, is
unacceptable.
Mr. Tuscher stated his understand~ that en an application is filed, which is deemed to be
completed, it starts a 45-c1ay revi process ordinance; that should have been done. Staff
took a position on that appli tion on janua , 30th. If that initial review process was not
complete, it is his understan ng that you are cle to proceed with the project.
Ann Moore, Assistant Ci~Orney clarified two issue that are before the Commission. The
first, as previously statéd will require further review f the environmental documents.
Secondly, with respe 0 expanding the conveyance sched as being proposed by both Mr.
Tuscher and Mr. Fu uyama. An application has not been s mitted for this proposal; the
original application as amended, therefore, there was no CEQA alysis on this proposal. An
Initial Study wo Id need to be conducted to determine wh her or not the current
I
environmental document is adequate or whether there are other' sues that need to be
reviewed. /
,I
Mr. Kilken~Ý stated that although he is anxious to move forward to Counci , continuing this
item to the Planning Commission meeting of April 22 was acceptable.
MSC (T arantinolWillett) (5-0-2) to continue hearing to April 22, 1998. Motion carried.
3. PUBLIC HEARING: PCM-98-27¡ Amendments to the Sunbow II Sectional Planning Area
(SPA) Plan consisting of modification of the Planned Community
District Regulations to modify the required sideyard setbacks and
allowable floor area ratio in the RS Single Family land use districts -
Fieldstone Communities Inc.
Background: Patty Nevins, reported the proposal is for two amendments to the development
standards ofthe Sunbow II planned community. The requests are: 1) to increase the allowed
/~ J -- /V
Planning Commission Minutes - 4 - March 25, 1998
floor area ratio from 50% to 55%, and 2) to change the required sideyard setbacks from 10ft.
on one side and 3 ft on the other, to 5 ft. on each side.
The GDP, SPA Plan, and the Tentative Map of the Sunbow project were all approved in 1990.
The project was subsequently extended and in 1997 the current property owner filed for Final
Maps for approximately 330 lots. Those lots have been purchased by Fieldstone Communities,
the applicant for this project. Ayres La~d Company, who is the owner of the remaining land
in Sunbow II has provided a letter indicatingtheir concurrence with the request. The applicant
would like to be able to provide a project that is commensurate with what other developers are
building. In reviewing other projects, staff found that comparable lots of this size are
commonly allowed to be developed at 55% floor area ratios and sideyard setbacks of 5 ft.
Staff Recommendation: That the Planning Commission adopt resolution recommending that
the City Council adopt the draft ordinance approving amendment to the Sunbow II Sectional
Planning Area Plan and Planned Community District Regulations to modify the sideyard
setbacks and floor area ratio in the RS Single Family land use district.
Public Hearing Opened 7:32
James Nagel, 1427 laurel Avenue, Chula Vista, a 29 year resident of this area, stated he is
concerned with the new development's compatibility with the neighborhood and opposes the
increase in the floor area ratio, which his notice stated was an increase from 45% to 55%.
Essentially the proposal is to build larger homes in smaller lots. He also stated that two-story
homes are not compatible with the existing neighborhood. In addition, he has grave concern
with the environmental impacts of this project with the removal of an open canyon that use to
be behind his back yard, and is dismayed with the grading that has taken place in the last
months and how the habitat of the canyon has been runned out.
Patty Nevins stated that the figures of 45% to 55% in the notice is incorrect. The actual
percentage is going from 50% to 55%, which is less of an increase. Secondly, with regard to
two-story homes being built; the area where the Nagel's live is zoned R-1, allowing the
conversion of single story to two-story homes, and speaks to the equity issue of where two-story
homes can be built. Thirdly, there was an EIR done in 1990 and concluded that developme.nt
could be placed there.
Barbara Nagel, 1427 laurel Avenue, Chula Vista, stated she opposes the proposal because
their back yard will be abutted by three lots since the proposal is to build larger homes on
smaller lots. The density is too high and the proposed product is incompatible with the
neighborhood.
Jim Hansen, Fieldstone Communities, 5465 Morehouse Drive, San Diego, CA stated they are
currently talking to another developer with regards to building at the site that abuts the Nagel's
property, and they have indicated that they plan to build half of their product as single-story
homes. They will be building four floor plans, which will vary in size from 1500 to 2200 sf
with 2 single-story and 2 two-story. Fieldstone will be building north of Palomar and will build
all two-story homes in that area. ~/& 9-/1
Planning Commission Minutes - 5 - March 25, 1998
Mr. Hansen stated that their proposal is in line with other master planned community
developments and request that their application be approved.
Commissioner Tarantino asked if the applicant is making any effort to blend in to the existing
29-year-old neighborhood.
Mr. Hansen responded that he could only speak to the area he will be developing and not the
development that abuts the Nagel's propeTt1. He further stated that there is a SPA plan that
spell out the architectural styles that have been dictated and what is required to be built
according to that SPA plan.
Peter Bosley, 1451l.aurel Avenue, Chula Vista,CA stated he lives in the lower portion where
the developer is proposing to build 1500 to 2200 sf homes and he does not oppose the
proposal, however, he would like to see it in writing.
Public Hearing Closed 8:08
Commission Discussion:
.. Commissioner Ray stated he had concern with the impact of the lower portion which
abuts the existing older neighborhood. He asked if there was a way to isolate that
portion from the rest and maintain the present FAR.
Mr. Lee stated he could not speak for the applicant, but would offer an option that may resolve
the concerns raised by the area residents, that being; that the proposed 55% FAR amendment
would apply to all of the lots except those that are abutting R-l single family zoning which is
developed with single family homes.
Mr. Hansen stated Mr. Lee's recommendation was acceptable to him.
MSC (Ray/Willett) (5-0-2) that the Planning Commission approve the amendments to the
Sunbow II Sectional Planning Area Plan and Planned Community District Regulations in the
RS Single Family land use district to modify the s~deyard setbacks to 5 ft. on each side, and
to modify the floor area ratio to 55 % except in those lots that are abutting R-1 single family
zoning developed with single family homes. Motion carried.
4. Consideration of a Special Planning Commission meeting on May 6, 1998.
MSC (Ray/Willett) (5-0-2) to have a Special Planning Commission meeting on May 6, 1998.
Motion carried.
5. Update on Council Items. None
y
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Pl2!lIlÍng D~arnn~m
CITY OF CHli1..A VISTA
2ï6 Fourth A VOlæ
C;,nì2 ViST2- CA,. 9],910
RE: SU~"BO~'
D~2r Ms, N~viD..s:
T--:;, 1~tter 'WiD :::~rrify that ACI Sunbow. LLC agæ~s to FieldstOne's requeST to moåiiy Plannd
Ca~~m1J.nÜy DiSLic: regulaTIons by moò.iÎying Sunbow's side yard setback 10 ),1 0 fe~! and
aJlov.ring a :55% fioor area rano-
IfYOll have any qæsrions. please give me a call a1 619/544-9100,
Sin::::reJy.
ACI SUN130W. L1C a California
limiæd liabiliTy company
Bì:: A 1'1ŒS LA.:.'N""D COM:PA.:."!\TY, INC, a
California corporarion
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By J¡ ',M/
~:uliam R. Ham ìiTI
funcipaJ
'W'RE:!)
3.<14 wm
c:::: .t\nna SeD!! / Fieldstone
H~9-/1
ï50 B 5tt=1... Suite :570
San D~ CA 92101
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PARKVlEW
ELEMENTARY
SCHOOL
"
PROJECT
LOCATION
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C HULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT PROJECT DESCRIPTION:
C) APPUCANT:
PROJECT
ADDRESS: ~~1~/Ç
SCAlE: FILE NUMBER:
NORTH No Scale PCM-98-27
h.\h".,.,ol"b",..,;",..,I,.",rl"",II""<,t"..,,I',,'mOP"7 ,.,.¡, .11PIOP
-"'-'" .----
1:....1' J:= CHULA V1STA DISO...DStJ"K- - "M~)."l
.4 T1:4CH AA gAJ T ~
~()u ;¡re rc::;u:jc~ to fik ¡¡ Stalc:ncnl 0; ;)¡s=lDsure of L:.::,:ë.l:J Dwnc;;;hJp or í:r:anc.::ai ;r.~::::í:::Sts. p;¡ymcnl!.. OJ ::ampa¡~n
(;"'1ntrihutior.s.. on all ma!!~;s which wi\! require discretionary action on \he pajl of the City CJL:;¡:::il. Planning ~mmis.sio~. a;d
all othej o!Ti::;a: bodics. ::']~ following iní(Jjmation must bc di.;::ioscd:
, Lis: :;¡~ r.am~ of <:.:1 pcr:;or.s h¡¡vmg a fïnancial intc;~: 1:1 th~ propc:-:y whIch is ¡he 5uhj~: Df the a?pjj:atiDn Dr the
. ~m;-a=:" e.g., own~:, applicant, contractOr, subcontractOr. mal~rial supplier.
FI~LDSTONE COMMUNITIES, INC.
54ES MOR~HOUS~ DRIVE, SUITE 250
SAN DIEGO, CA 92121 ...
"
.., If 2!1:-' ?~:-SDn. jde~lifjed pursu2nt ¡O (1) above is a corpoj;:ltion Dr pa:-lnership. list the ûam~ Df all individuaLs owning
-,
mc,:::: :::an lOc;r 0: :DC shar::.c; in thc ::orpo¡;:ltion or o~'nIng any pa:-¡nc:-ship inter::::.": in the ?ann~:-shiF.
. PET~R OCHS - ~IEI DSTONE COMMUNTTi~S. INC.
KEIiH P.. JOHNSON-FIELDSTONE COMMUNITIES, INC.
, If a~y pcrson' iå:::ïtiücd pu~uan! to (1) above is non-profi t organization or a tfl!St, Est the names of any pe:-son
se:-ving 2S dir~tOr of th:: non-proD¡ organization OJ 2S l¡ust~ or beneñciary or tj'u::;tar of the tJUSt..
Nj F,
4. Hav= you had more than S250 wonh of busines::; transacted with any membe:- of the City staff. 30arc..s, Commissions,
Coffiminees, and Counci] within the past twciv:; montÌl5? Yes - No XX If ycs, pi~e inåi::at~ pe:-son(s):
::: P!c:!Se identify ~:::;¡ and ::very pe;son, inciuding any age:ï~. employ~, cDr.suJtants. eJr inDependent ~::::mt:-aCtOŒ who
you :-'2ve assign~ to represent you before the City in thlS ffialler.
JIM HANSEN-FI~LDSTONE COMMUNITIES~ INC.
ANNA SCOïï-F~~LDSTONE COMMUNITIES, INC.
DAVID DENNIG-FIELDSTONE COMMUNIïIES, INC.
6. ¡-bve you andior your office;s or agentS, in the aggregate, ::ontribute.d more than S:.CXXJ 10 a Councilmembe:- in the
c~:-j'e:ll or pr~ding election period? Yes- No~ If yes, state which Caunciimember(s):
. . . (NO= Attach addiliana] pa!:'=' as n<> -=ry) . . . J
Date: J.~NUARY 29, 1998 c-'19-25
~
/. 7~/¡/ Signa.tur~ of :::>nt:<iclOr::.l?pii::am
ANNA I sr.nn
~ ?rin t or type name Df ::an t:<i::::or/appii::am
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INFORMATION PACKET SCANNED
AT FIRST READING OF THIS
ORDINANCE ON:
t-!-fJ-/-98 ORDIN.WCE NO. l-73 /
AN ORDINANCE OF THE CITY OF CHULA VISTA APPR~~G
AMENDMENTS TO THE SUNBOW II SECTIONAL PL~ A
(SPA) PLAN CONSISTING OF MODIFICATIONS T°.;;:n; ANNED
COMMUNITY DISTRICT REGULATIONS REGARD SIDEY ARD
SETBACKS AND FLOOR AREA RATIO 5:>~\:J.
~~
I. RECITALS '>CP~'9
. ':,;;"';"
A. Project Site
WHEREAS, the property which is the subject matter of this resolution is
diagrammatically represented in Exhibit "A" attached hereto and
incorporated by this reference, identified as the Sunbow II planned
community, ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on January 30, 1998 Fieldstone Communities ("Developer")
filed a Sectional Planning Area plan amendment application with the
Planning Department of the City of Chula Vista and requested approval of
amendments to the SPA plan's Planned Community District Regulations to
change the sideyard setbacks from 13'/3' (minimum total/one side) to 10'/5',
and to increase the allowable floor area ratio from 50% to 55% in the RS
Single Family Land Use District ("Project"); and,
WHEREAS, representatives of Ayres Land Company, which owns the
remaining land within the Sunbow IT planned community area, has provided
written confirmation of their concurrence with the requested modifications;
and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter
of a General Development Plan, Sunbow II previously approved by City
Council Resolution No. 15427 ("GDP") and the Sunbow II Sectional
Planning Area Plan previously adopted by City Council Resolution No.
15524, both approved on February 20, 1990; and the Sunbow II Tentative
Subdivision Map (CVT 90-07) previously approved by City Council
Resolution No. 15640 on May 22, 1990; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on
7 ;1//
ORDINANCE NO. ;¿ 7 ;3 ) í\'O~
~~'
AN ORDINANCE OF THE CTIY OF CHULA ~~OVING
AMENDMENTS TO THE SUNBOW II SECTIONAL P G AREA
(SPA) PLAN CONSISTING OF MODIFICA TIO~~ PLANNED
COMMUNITY DISTRICT REGULATIONS ~~. ING SIDEY ARD
SETBACKS AND FLOOR.AREA RATI~9~ .
1. RECITALS
A. Project Site
WHEREAS, the property which is the subject matter of this resolution is
diagrammatically represented in Exhibit "A" attached hereto and
incorporated by this reference, identified as the Sunbow II planned
community, ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on January 30, 1998 Fieldstone Communities ("Developer")
filed a Sectional Planning Area plan amendment application with the
Planning Department of the City of Chula Vista and requested approval of
amendments to the SP A plan's Planned Community District Regulations to
change the sideyard setbacks from 13'/3' (minimum total/one side) to 10'/5',
and to increase the allowable floor area ratio from 50% to 55% in the RS
Single Family Land Use District ("Project"); and,
WHEREAS, representatives of Ayres Land. Company, which owns the
remaining land within the Sunbow II planned community area, has provided
written Confirmation of their concurrence with the requested mOdifications;
and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter
of a General Development Plan, Sunbow II previously approved by City
Council Resolution No. 15427 ("GDP") and the Sunbow II Sectional
Planning Area Plan previously adopted by City Council Resolution No.
15524, both approved on February 20, 1990; and the Sunbow II Tentative
Subdivision Map (CVT 90-07) previously approved by City Council
Resolution No. 15640 on May 22, 1990; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on
~ 9-/
said project on March 25, 1998, and voted to recommend that the City
Council conditionally approve the Project, based upon the findings listed
below.
E. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing was held before the
City Council of the City of Chula Vista on April 21, 1998, on the
Discretionary Approval Application, received the recommendations of the
Planning Commission, and heard public testimony with regard to same; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing on this project held on March 25, 1998, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determined that this project is exempt
from environmental review under CEQA as a Class Sea) exemption, nUnor alteration
in land use.
IV. SPA FINDINGS
A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN
CONFORMITY WITH THE SUNBOW II GENERAL DEVELOPMENT
PLAN AND THE CHULA VISTA GENERAL PLAN.
The amendments have no impact on the Sunbow II General Development
Plan and the Chula Vista General Plan.
B. THE SUNBOW II SECTIONAL PLANNING AREA PLAN, AS
AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA.
The sideyard setback and floor area ratio amendments do not affect the
sequence of development within the Sectional Planning Area plan area.
~ /-c:-2
COUNCIL AGENDA STATEMENT ~/¿J
Item
,
Meeting Date 4/28 /98
ITEM TITLE: Resolution / %7' Þ -laiving the City's formal bidding process
and awarding a contract to A Thru Z Consulting to construct a
Clapper Rail Aviary at the Nature Center.
SUBMITTED BY: Executive Director, BaYfro~ervancy Trust\M-
REVIEWED BY: City Manager "PaZ '[) -A'
(4/Sths Vote: YeslN 0__)
This item requests authorization to complete the final phase (III) of the Clapper Rail Exhibit. Entire
funding of this project has come from outside sources and no City funds will be used on this exhibit.
Council approved Phase I construction and awarded a contract for it on 9/19/95, a contract for Phase II
construction on 3/26/96 and a final contract and appropriation on 8/26/97 to build the aviary. The final
phase consists of construction of the aviary and design and installation of the interpretive features.
That contract was awarded to American Steel Builders Inc. (ASB) who never executed the agreement
and returned it to us. They were unable to perform the work and have recommended A Thru Z
Consulting (A - Z) for the work. A - Z was going to construct the two double-lock portions of the aviary
for ASB and now, with a change in mesh material, the entire aviary. We have purchased cages from
A - Z in the past and are confident that they can build a fine aviary for us.
RECOMMENDATION: That Council 1) waive the formal bidding process, 2) award the
contract to A Thru Z Consulting (A - Z) to construct the aviary in the amount of $119,500, 3) authorize
the Executive Director to contract for the installation of four exhibit doors, cage foundation cement work
and any other minor work to complete the project, and 4) authorize the Mayor to execute the aviary
contract.
BOARD/COMMISSION RECOMMENDATION: The Bayfront Conservancy Trust Board of
Directors authorized and directed the Executive Director to construct the exhibit as soon as possible
(Resolution #70,1/24/95,5-0).
DISCUSSION:
The Clapper Rail Project is a comprehensive plan to prevent the extinction of the most seriously
endangered species in San Diego Bay, the Light-footed Clapper Rail. This is a multifaceted project
that depends on community support and many volunteers. It includes endangered species, coastal
wetlands and a bilingual (English/Spanish) curriculum of environmental education on wetland
restoration and the conservation of endangered species. This project promotes a strong conservation
ethic for saving wetlands and endangered species through volunteer participation and hands-on
education programs. Saving coastal wetlands in general and a critically endangered species in
particular, within the San Diego Bay, has both regional and national significance by demonstrating a
concern for the natural resources of the u.s.
The Light-footed Clapper Rail (Rallus longirostris levipes) was both State and Federally listed as
endangered by 1973 and now occurs in fewer than 15 coastal wetlands from Santa Barbara to San
Quentin, Baja California, Mexico. There are only about 550 Light-footed Clapper Rails in Southern
California and the scarcity and limited distribution of this species puts it in imminent danger of
extinction.
/6-1
2
In July of 1992 the US Fish and Wildlife Service asked the Chula Vista Nature Center to care for a
Light-footed Clapper Rail and to become the only museum in the world to exhibit that species. In
response, the Nature Center developed a comprehensive plan to save Light-footed Clapper Rails from
extinction. The purpose of the Clapper Rail exhibit is to provide a home for nonreleasable birds, to
educate the public about wetland ecosystems and Clapper Rails. The Bayfront Conservancy Trust
(BCT), a public benefit, nonprofit corporation has raised funds for the exhibit design and construction.
None of these funds is from the City of Chula Vista and all must be used exclusively for the Clapper
Rail Exhibit. A list of all donors to the exhibits is presented as Exhibit A.
Pursuant to the Three Party Agreement between City of Chula Vista, Redevelopment Agency of
Chula Vista, and Chula Vista Bayfront Conservancy Trust for a Lease, Loan, and Operating
Agreement for the Chula Vista Nature Interpretive Center, the City Manager approves any
improvement to the Nature Center. Under § 3.7.3 of that agreement, the BCT is subject to the
City's purchasing procedures as outlined in §2.56 of the Municipal Code and therefore needs the
approval of the Chula Vista City Council to waive the formal bidding process and award the
contract. The bid requirement of the Public Contracts Code does not apply to the BCT because it
is not an entity regulated by that code.
The California Coastal Commission issued a construction permit for the project (Coastal development
Permit #6-94-1O4/BP) on 9/16/94. That permit was issued as a modification to an existing structure
under CVCP #001, 6-89-179. Doug Reid, Environmental Review Coordinator, has reviewed the project
for CEQA compliance and determined that the project is a Class 1 (e) (2) facility which is exempt from
environmental review. After a City of Chula Vista Building permit has been issued, we intend to issue
a Notice of Exemption. The US Fish and Wildlife Service has issued a permit to hold and exhibit the
endangered, Light-footed Clapper rail (USF&W Special Possession Permit #771283, effective 1/1/95 -
12/31/97).
We have divided the exhibit construction into three phases. The total cost of the project is estimated
to be $375,000. Phase I was the boardwalk and tidal slough and cost $155,000. Phase II is a small
building for isolating sick or injured birds, raising food and equipment storage and cost $55,000. Phase
III is the aviary and interpretive features estimated to cost not more than $180,000.
The justifications for waiving the bidding process and awarding the contract forthwith are detailed
below.
1. CAGE NEEDED NOW TO HOLD ENDANGERED SPECIES
The USF&WS will be providing the endangered birds for this exhibit and wants the cage completed as
soon as possible to accommodate birds from this spring nesting season. They have asked that we
complete the aviary as soon as possible to minimize holding Clapper rails in temporary enclosures.
There is no other way to get the exhibit birds than directly from the USF&WS. This project has been
significantly delayed by the failure of ASB to perform the work. We are planning for an early fall
opening of the new exhibit.
After bid documents are prepared, the standard bidding process takes 3 - 4 months from the time of
project advertisement to complete. Realizing that the time constraints of the formal bidding would
result in postponement of construction another year and that no other experienced and qualified
contractors with this material are available, we are requesting a waiver of that process to award the
Phase III contract and begin construction forthwith.
2. HIGHLY SPECIALIZED SOLE SOURCE
ZOO construction requires special knowledge and experience. This is a sensitive, endangered species that
requires special considerations for exhibition, life support and husbandry. This project uses a
specialized screen known as vanishing coil mesh and requires an experienced contractor to install it.
The various cage fabricators specialize in particular mesh materials and A - Z is the specialist for
vanishing coil mesh. We have been unable to find any other contractor who has experience with this
product for endangered species enclosures. A - Z has visited our site and prepared their bid. A - Z has
built similar enclosures at zoos and aquaria all over the world. After meetings and consultation with
JIJ -~
3
our exhibit designer, we are confident that together they can handle the complexity of this project. We
have not been able to locate another contractor who is experienced in installing this specialized
material.
Our goal is to secure an experienced contractor who can perform excellent work within a short time
period without any errors or omissions that could result in harm to or loss of this critically endangered
speCIes.
Other than waving the formal bidding process, this project will follow other City of Chula Vista
standard procedures. A copy of a City of Chula Vista's Standard Two Party Agreement for the contract
has been approved by the City Attorney and is attached as Exhibit B. The two party agreement will
stipulate that all work is to be completed for the contract amount and that no change orders will be
accepted. We will use the City of Chula Building Services Division to manage the construction of
Phase III and provide construction oversight.
FISCAL IMPACT:
There will be no significant financial impact on the City because no City funds will be spent on this
project. All of the funding for this project comes from private and corporate donors and from an
Environmental License Plate Fund grant administered by the State Coastal Conservancy. Funds for the
entire cost of this project will come from the Clapper Rail donations account (account #415-4150-5533).
City support of the construction, by the City of Chula Vista Building Services Division (expected to be
about $1,000) will be charged to the BCT under the terms of the Lease, Loan, and Operating
Agreement for the Chula Vista Nature Interpretive Center.
The total cost of the project is estimated to be $400,000. Phase I was the boardwalk and tidal slough
and cost $155,000. Phase II is a small building for isolating sick or injured birds, raising food and
equipment storage and cost $55,000. Phase III is aviary and interpretive features estimated to cost no
more than $185,000.
~ ~#98"'ð66 r
~ ~
ID - 3
RESOLUTION NO. /~;J~3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING
PROCESS AND AWARDING A CONTRACT TO A THRU Z
CONSULTING TO CONSTRUCT A CLAPPER RAIL AVIARY
AT THE NATURE CENTER
WHEREAS, the city Council approved Phase I construction
and awarded a contract for it on 9/19/95, a contract for Phase II
construction on 3/26/96 and a final contract and appropriation on
8/26/97 to build the aviary; and
WHEREAS, the final phase consists of construction of the
aviary and design and installation of the interpretive features
which was awarded to American Steel Builders Inc. who never
executed the agreement and returned it to us; and
WHEREAS, they were unable to perform the work and have
recommended A Thru Z Consulting for the work; AND
WHEREAS, staff has not been able to locate another
contractor who has experience in installing this type of
specialized construction; and
WHEREAS, the U. S. Fish & wildlife Service, which is
providing the endangered birds, wants the aviary constructed as
soon as possible to accommodate birds hatched this spring.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula Vista does hereby waive the City's formal bidding
process as impractical under these circumstances and awards a
contract to A Thru Z Consulting (A - Z) to construct the aviary in
the amount of $119,500.
BE IT FURTHER RESOLVED that the Executive Director is
hereby authorized to contract for the installation of four exhibit
doors, cage foundation cement work and any other minor work to
complete the project.
BE IT FURTHER RESOLVED that the Mayor is hereby
authorized to execute the aviary contract.
Presented by Approved as to form by
Stephen Neudecker, Executive
Director, Bayfront Conservancy
Trust
C:\rs\aviary
If) -I./jltJ-;;¡ 3
,t.
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Agreement between 't ';
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City of Chula Vista r \, 1 A ~
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and ; t .¡)J " /.
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A Thru Z Consulting and Distributing -
for labor and materials to install the Clapper Rail aviary mesh enclosure.
This agreement dated May 1, 1998 for the purposes of reference only, and
effective as of the date last executed is between the City of Chula Vista as is indicated
as (City) and A Thru Z Consulting and Distributing, as is indicated as (A - Z), whose
corporation, and whose place of business and telephone numbers are set forth on
Exhibit A, paragraph 6 and is made with reference to the following facts:
Whereas, A Thru Z Consulting and Distributing warrants and represents that
they are experienced and staffed in a manner such that they are and can prepare and
deliver the services required of them to the Chula Vista Nature Center as is
indicated as (CVNC) within the time frames herein provided all in accordance with
the terms and conditions of this Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and A - Z do hereby
mutually agree as follows:
1. A - Z Duties
A. General Duties
A - Z shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", A - Z shall
also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope
of Work and Schedule", not inconsistent with the General Duties, according to, and
within the time frames set forth in Exhibit A, Paragraph 8, and deliver to CVNC
such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames
set forth therein, time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and Schedule shall be
herein referred to as the "Defined Services". Failure to complete the Defined
Services by the times indicated does not, except at the option of the City, operate to
terminate this Agreement.
Page 1
/ð -5
C. Reductions in Scope of Work
City may independently, or upon request from A - Z, from time to time
reduce the Defined Services to be performed by A - Z under this Agreement. Upon
doing so, City and A - Z agree to meet in good faith and confer for the purpose of
negotiating a corresponding reduction in the compensation associated with said
reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may
require A - Z to perform additional consulting services related to the Defined
Services ("Additional Services"), and upon doing so in writing, if they are within
the scope of services offered by A - Z, A - Z shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph
11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
£. Standard of Care
A - Z, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that
level of care and skill ordinarily exercised by members of the profession currently
practicing under similar conditions and in similar locations.
F. Insurance
A - Z 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:
Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined
single limit applied separately to each project away from premises owned or rented
by A - Z , 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").
Page 2
lð -("
Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 9, unless Errors and Omissions coverage is included in the General
Liability policy.
G. Proof of Insurance Coverage.
(l)Certificates of Insurance.
A - Z shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the
policies may not be canceled without at least thirty (30) days written notice to the
Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary
Coverage and Cross-liability Coverage required under A - Z's Commercial General
Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for A - Z
to provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond"), then A - Z
shall provide to the City a performance bond by a surety and in a form and amount
satisfactory to the Risk Manager or City Attornei which amount is indicated in the
space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for A - Z
to provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then A - Z shall
provide to the City an irrevocable letter of credit callable by the City at their
unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that A - Z is in breach of the terms of this Agreement. The letter of credit
shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the
Page 3
JfJ - 7
term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for
A - Z to provide security other than a Performance Bond or a Letter of Credit
(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then A - Z shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager
or City Attorney.
I. Business License
A - Z agrees to obtain a business license from the City and to otherwise
comply with Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult A - Z for the purpose of reviewing the progress of
the Defined Services and Schedule therein contained, and to provide direction and
guidance to achieve the objectives of this agreement. The City shall permit access to
its office facilities, files and records by A - Z throughout the term of the agreement.
In addition thereto, City agrees to provide the information, data, items and
materials set forth on Exhibit A, Paragraph 10, and with the further understanding
that delay in the provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in A - Z's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from A - Z submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently
than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate A - Z for all services rendered by A - Z according to the terms and
conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate A - Z for out of pocket expenses as provided in
Exhibit A, Paragraph 12.
All billings submitted by A - Z shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and
payable thereunder is proper, and shall specifically contain the City's account
Page 4
JD - c¡
number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such
payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated
on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized
by said party to represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all
executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided
in Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages
resulting from delay in performance. The parties have used their judgment to
arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period
specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, A - Z shall pay to the City, or have
withheld from moneys due, the sum of Liquidated Damages Rate provided in
Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond A - Z's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and will not be granted
for delays to minor portions of work unless it can be shown that such delays did or
will delay the progress of the work.
6. Financial Interests of A - Z
A. A - Z is not Designated as an FPPC Filer.
If A - Z is designated on Exhibit A, Paragraph 15, as an "FPPC filer", A - Z is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of
interest and disclosure provisions, and shall report economic interests to the City
Page 5
10 - c:¡
Clerk on the required Statement of Economic Interests in such reporting categories
as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as
determined by the City Attorney.
B. Decline to Participate.
Regardless of whether A - Z is designated as an FPPC Filer, A - Z shall not
make, or participate in making or in any way attempt to use A - Z's position to
influence a governmental decision in which A - Z knows or has reason to know A -
Z has a financial interest other than the compensation promised by this Agreement.
M. Search to Determine Economic Interests.
Regardless of whether A - Z is designated as an FPPC Filer, A - Z warrants and
represents that A - Z has diligently conducted a search and inventory of their
economic interests, as the term is used in the regulations promulgated by the Fair
Political Practices Commission, and has determined that A - Z does not, to the best
of A - Z's knowledge, have an economic interest which would conflict with A - Z's
duties under this agreement.
C. Promise Not to Acquire Conflicting Interests.
Regardless of whether A - Z is designated as an FPPC Filer, A - Z 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.
D. Duty to Advise of Conflicting Interests.
Regardless of whether A - Z is designated as an FPPC Filer, A - Z further
warrants and represents that A - Z will immediately advise the City Attorney of City
if A - Z learns of an economic interest of A - Z's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations
promulgated thereunder.
E. Specific Warranties Against Economic Interests.
A - Z warrants and represents that neither A - Z , nor A - Z's immediate
family members, nor A - Z's employees or agents ("A - Z Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the
subject matter of the Defined Services, or in any property within 2 radial miles from
the exterior boundaries of any property which may be the subject matter of the
Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A,
Paragraph 15.
Page 6
III -10
A - Z further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to A -
Z or A - Z Associates in connection with A - Z's performance of this Agreement. A-
Z promises to advise City of any such promise that may be made during the Term of
this Agreement, or for 12 months thereafter.
A - Z agrees that A - Z Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of
this Agreement, except with the written permission of City.
A - Z may not conduct or solicit any business for any party to this Agreement,
or for any third party which may be in conflict with A - Z's responsibilities under
this Agreement, except with the written permission of City.
7. Hold Harmless
A - Z shall defend, indemnify, protect and hold harmless the City, its elected
and appointed officers and employees, from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out
of the conduct of A - Z, or any agent or employee, subcontractors, or others 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. A - Z's indemnification shall include any and all
costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or
employees in defending against such claims, whether the same proceed to judgment
or not. Further, A - Z at its own expense shall, upon written request by the City,
defend any such suit or action brought against the City, its officers, agents, or
employees. A - Z's indemnification of City shall not be limited by any prior or
subsequent declaration by A - Z.
8. Termination of Agreement for Cause
If, through any cause, A - Z shall fail to fulfill in a timely and proper manner
A - Z's obligations under this Agreement, or if A - Z shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to A - Z of such termination
and specifying the effective date thereof at least five (5) days before the effective date
of such termination. In that event, all finished or unfinished documents, data,
studies, surveys, drawings, maps, reports and other materials prepared by A - Z
shall, at the option of the City, become the property of the City, and A - Z shall be
entitled to receive just and equitable compensation for any work satisfactorily
completed on such documents and other materials up to the effective date of Notice
of Termination, not to exceed the amounts payable hereunder, and less any damages
caused City by A - Z's breach.
Page 7
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9. Errors and Omissions
In the event that the City Administrator determines that A - Z's negligence,
errors, or omissions in the performance of work under this Agreement has resulted
in expense to City greater than would have resulted if there were no such
negligence, errors, omissions, A - Z shall reimburse City for any additional expenses
incurred by the City. Nothing herein is intended to limit City's rights under other
provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving
specific written notice to A - Z of such termination and specifying the effective date
thereof, at least thirty (30) days before the effective date of such termination. In that
event, all finished and unfinished documents and other materials described
hereinabove shall, at the option of the City, become City's sole and exclusive
property. If the Agreement is terminated by City as provided in this paragraph, A - Z
shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such
termination. A - Z hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and A - Z shall not assign
any interest in this Agreement, and shall not transfer any interest in the same
(whether by assignment or notation), without prior written consent of City. City
hereby consents to the assignment of the portions of the Defined Services identified
in Exhibit A, Paragraph 17 to the sub consultants identified thereas "Permitted
Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans,
procedures, systems and any other materials or properties produced under this
Agreement shall be the sole and exclusive property of City. No such materials or
properties produced in whole or in part under this Agreement shall be subject to
private use, copyrights or patent rights by A - Z 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.
Page 8
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13. Independent Contractor
City is interested only in the results obtained and A - Z shall perform as an
independent contractor with sole control of the manner and means of performing
the services required under this Agreement. City maintains the right only to reject
or accept A - Z's work products. A - Z and any of the A - Z's agents, employees or
representatives are, for all purposes under this Agreement, an independent
contractor and shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are entitled including but
not limited to, overtime, retirement benefits, worker's compensation benefits,
injury leave or other leave benefits. Therefore, City will not withhold state or
federal income tax, social security tax or any other payroll tax, and Consultant shall
be solely responsible for the payment of same and shall hold the City harmless with
regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against
the City unless a claim has first been presented in writing and filed with the City and
acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of
the Chula Vista Municipal Code, as same may from time to time be amended, the
provisions of which are incorporated by this reference as if fully set forth herein,
and such policies and procedures used by the City in the implementation of same.
Upon request by City, A - Z shall meet and confer in good faith with City for
the purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that
the prevailing party shall be entitled to recover all reasonable costs incurred in the
defense of the claim, including costs and attorney's fees.
16. Statement of Costs
In the event that A - Z prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, A - Z shall
include, or cause the inclusion of, in said report or document, a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
17. Miscellaneous
A. A - Z is not authorized to Represent City
Page 9
ItJ - L3
Unless specifically authorized in writing by City, A - Z shall have no authority
to act as City's agent to bind City to any contractual agreements whatsoever.
B. A - Z is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, A - Z and/or their principals
is/ are licensed with the State of California or some other state as a licensed real
estate broker or salesperson. Otherwise, A - Z represents that neither A - Z , nor
their principals are licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given
pursuant to this Agreement must be in writing. All notices, demands and requests
to be sent to any party shall be deemed to have been properly given or served if
personally served or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt requested, at the addresses
identified herein as the places of business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the
parties relating to the subject matter hereof. Neither this Agreement nor any
provision hereof may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which enforcement of such
amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other
party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this
Agreement shall be brought only in the federal or state courts located in San Diego
County, State of California, and if applicable, the City of Chula Vista, or as close
thereto as possible. Venue for this Agreement, and performance hereunder, shall be
the City of Chula Vista.
Page 10
If) -II.{
Signature Page
to
Agreement between City of Chula Vista and A Thru Z Consulting and Distributing,
Inc.
for labor and materials to install the Clapper Rail mesh enclosure.
IN WITNESS WHEREOF, City and A - Z have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full
and complete consent to its terms:
Dated: -------------, 19 -- City of Chula Vista
by:____-----------------
Shirley Horton, Mayor
Attest:
----------------------------
Beverly Authelet, City Clerk
Approved as to form:
--------------------------------
John M. Kaheny, City Attorney
Dated:_____--------------- A Thru Z Consulting and Distributing, Inc.
By:____-------------------
Sean Stoddard, Project Manager
Exhibit List to Agreement
(X) Exhibit A.
Page 11
II) -1'5
Exhibit A
to
Agreement between
City of Chula Vista
and
A Thru Z Consulting and Distributing, Inc.
1. Effective Date of Agreement: May 1. 1998
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
() Redevelopment Agency of the City of Chula Vista, a political
subdivision of the State of California
() Industrial Development Authority of the City of Chula Vista, a
------------------------------------------
(X) Other: Bayfront Conservancy Trust. a 501(c)(3). a public benefit.
nonprofit corporation
3. Place of Business for City:
City of Chula Vista,
276 Fourth A venue,
Chula Vista, CA 91910
4. Consultant: A Thru Z Consulting and Distributing, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
PO BOX 30820
Tucson. AZ 85751-0820
Voice Phone (520) 749-0544
Fax Phone (520) 749-0546
Page 12
II -/(,
7. General Duties:
A - Z shall furnish all labor, material, supervision and equipment as
necessary to furnish and install all stainless steel support cables and associated
Electroline fittings, and all sewn aviary mesh panels and compression bars to the
structures shown on the Project Drawings as modified by three drawings prepared by
A - Z (CV-OOI #s 1 -3). A field superintendent will be on site during the entire
duration of the work and will include his associated travel and living expenses.
Also included is the custom fabrication of the stainless steel pieces which will
connect the steel poles and the support cables.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
A - Z will install aviary mesh in accordance to the specifications & drawings
provided in the Project Manual and 11 accompanying drawings prepared by The
Portico Group, dated 8/9/93 as modified by three drawings prepared by A - Z
(CV-OOI #s 1 -3).
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: May I, 1998
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Move on site 7/1/98
Deliverable No.2: 2/3 Completion - 7/20/98
Deliverable No.3: 8/1/98
D. Date for completion of all Consultant services:
August I, 1998
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
(X) Errors and Omissions insurance: None Required (included in
Commercial General Liability coverage),
() Errors and Omissions Insurance: $250,000 (not included in
Commercial General Liability coverage).
Page 13
/() - /7
10. Materials Required to be Supplied by City to Consultant:
Four exhibit doors and foundation stub walls for breeding cages,
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein
required, City shall pay a single fixed fee in the amounts and at the times or
milestones or for the Deliverables set forth below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
() 1. Interim Monthly Advances. The City shall make interim
monthly advances against the compensation due for each phase
on a percentage of completion basis for each given phase such
that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be
considered as interest free loans which must be returned to the
City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or
percentage set forth in Paragraph 19 is to be applied to each
interim payment such that, at the end of the phase, the full
retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in
the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other
person as the City Manager shall designate, but only upon such
proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage
of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances
shall not convert this agreement to a time and materials basis of
payment.
B. (X) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by
Consultant as are separately identified below, City shall pay the fixed fee associated
with each phase of Services, in the amounts and at the times or milestones or
Page 14
JO -1'1
Deliverables set forth. Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless City shall have
issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
1. Commencement $39,833.33 less 10% retention
2. 2/3 Completion $39,833.33 less 10% retention
3. Completion $39,833.34 less 10% retention
4. Retention within 14 days of successful completion
() 1. Interim Monthly Advances. The City shall make interim
monthly advances against the compensation due for each phase
on a percentage of completion basis for each given phase such
that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be
considered as interest free loans which must be returned to the
City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or
percentage set forth in Paragraph 19 is to be applied to each
interim payment such that, at the end of the phase, the full
retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in
the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other
person as the City Manager shall designate, but only upon such
proof demanded by the City that has been provided, but in no
event shall such interim advance payment be made unless the
Contractor shall have represented in writing that said percentage
of completion of the phase has been performed by the
Contractor. The practice of making interim monthly advances
shall not convert this agreement to a time and materials basis of
payment.
C. () Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required,
City shall pay Consultant for the productive hours of time spent by Consultant in
the performance of said Services, at the rates or amounts set forth in the Rate
Schedule hereinbelow according to the following terms and conditions:
Page 15
/Þ - If
(1) (X) Not-to-Exceed Limitation on Time and Materials
Arr angemen t
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the Defined
Services herein required of Consultant for $119.500 including all
Materials, and other "reimbursables" ("Maximum Compensation").
(2) ( ) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to ------------- ("Authorization Limit"),
Consultant shall not be entitled to any additional compensation
without further authorization issued in writing and approved by the
City. Nothing herein shall preclude Consultant from providing
additional Services at Consultant's own cost and expense.
Rate Schedule2
Category of Employee Hourly
of Consultant Name Rate
----------------------------- ---------------------
----------------------------- ---------------------
----------------------------- ---------------------
----------------------------- ---------------------
() Hourly rates may increase by 6% for services rendered after
January 15, 1998, if delay in providing services is caused by City,
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by A - Z in the performance of
services herein required, City shall pay A - Z t at the rates or amounts set forth
below:
2. This section should be completed in all cases--if the main
compensation scheme is a "time and materials arrangement" or for
the purposes of requiring Additional Services.
Page 16
10 - ,iJ
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $ --------
() Copies, not to exceed $ --------
() Travel, not to exceed $ --------
() Printing, not to exceed $ --------
() Postage, not to exceed $ --------
() Delivery, not to exceed $ --------
() Long Distance Telephone Charges,
not to exceed $ --------
() Other Actual Identifiable Direct Costs:
-------------, not to exceed $ ------_: --------
-------------, not to exceed $ ------_: --------
13. Contract Administrators:
City: Dr. Stephen Neudecker, Executive Director, Chula Vista Nature Center,
1000 Gunpowder Point Drive, Chula Vista, CA 91910, (619) 422-8100
A - Z: Sean Stoddard, Project Manager, A Thru Z Consulting and
Distributing, Inc., PO BOX 30820, Tucson, AZ 85751-0820. (520) 749-0544.
14. Liquidated Damages Rate:
(X) $200 per day.
( ) Other: ------------------
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict
of Interest Code:
(X) Not Applicable. Not an FPPC Filer.3
3. If Consultant, in the performance of its services under this
agreement: 1) conducts research and arrives at conclusions with
respect to its rendition of information, advice, recommendations
or counsel independent of the control and direction of the City or
of any City official, other than normal contract monitoring; and
2) possesses no authority with respect to any City decision beyond
the rendition of information, advice, recommendations or counsel,
Consultant should not be designated as an FPPC Filer.
Page 17
It) - JJ
( ) FPPC Filer
() Category No. 1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and
sources of income subject to the regulatory, permit or licensing
authority of the department.
() Category No.4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale of real property.
() Category No.5. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the City of Chula Vista (Redevelopment Agency)
to provide services, supplies, materials, machinery or
equipment.
() Category No.6. Investments in business entities and sources of
income of the type which, within the past two years, have
contracted with the designated employee's department to
provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial
miles of Project Property, if any: None
16. ( ) Consultant is Real Estate Broker and/ or Salesman
17. Permitted Sub consultants:
--------------------------------
--------------------------------
--------------------------------
Page 18
lð -,~
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Per stipulation in Section 11, Compensation, B Phased Fixed
Fee Arrangement
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other: ----
D. City's Account Number: 415-4150-5533 and 400-4011
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:_____----------------------
Amount: $----------
(X) Retention. If this space is checked, then notwithstanding other
provisions to the contrary requiring the payment of compensation to
the Consultant sooner, the City shall be entitled to retain, at their
option, either the following "Retention Percentage" or "Retention
Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
(X) Retention Percentage: 10%
(X) Retention Amount: $19,500
Retention Release Event:
(X) 14 days after Completion of All Services
( ) Other: -------------------------------
Page 19
10 -~..3
COUNCIL AGENDA STATEMENT
Item II
,
Meeting Date 4/28/98
ITEM TITLE: A) Resolution / ff9 7 j Approving Final Map of Chula Vista
Tract No. 97-01, Unit 2, Rancho Del Rey SPA III Parcel R-6
(Bolero), Accepting on Behalf of the City of Chula Vista Public
Easements Granted on Said Map within Said Subdivision, and
Approving the Subdivision Improvement Agreement for the
Completion of Improvements Required by Said Subdivision and
Authorizing the Mayor to Execute Said Agreement
B) Resolution I If<J7 ~ Approving Supplemental Subdivision
Improvement Agreement for Chula Vista Tract 97-01, Unit 2,
Rancho Del Rey III Parcel R-6 (Bolero) and Authorizing the Mayor
to Execute Said Agreement
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manage~ b (A/ (4/5ths Vote: Yes_NoX)
On February 18, 1997, by Resolution No. 18570, City Council approved the Tentative
Subdivision Map for Chula Vista Tract 97-01, Rancho Del Rey SPA III Parcel R-6 (see
Attachment 1). On October 28, 1997 by Resolutions 18806 and 18807, City Council approved
the Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement
Agreement, (see Attachment 2) for Chula Vista Tract 97-01 Unit 1, Rancho Del Rey III Parcel
R-6.
Attachment 3 is a plat showing location and layout of Chula Vista Tract 97-01 Unit 2, Rancho Del
Rey III Parcel R-6. The Final Map, Subdivision Improvement Agreement (see Attachment 4),
and Supplemental Subdivision Improvement Agreement (see Attachment 5) for Unit 2 are now
before Council for consideration and approval.
RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Map, and
Subdivision Improvement Agreement, and (B) the Supplemental Subdivision Improvement
Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
The subject subdivision is located north of Telegraph Canyon Road, south of East" J" Street, west
of Buena Vista Way, and east of future Voyager Park. The proposed "Bolero" subdivision is a
condominium project as defined in Section 1350 of the Civil Code of the State of California. The
proposed fmal map for the subdivision (Unit 2) consists of two (2) multi-family lots which will
have a total of 177 units (59 tri-plex buildings). The Final Map for Bolero Unit 1 was approved
I {- ( ( :~
, ,",
Page 2, Item
Meeting Date 4/28/98
by Council Resolution 18806 on October 28, 1997. Once construction of both Unit 1 and Unit
2 of the Bolero project is completed, the overall project will contain a total of 240 units (80 tri-
plex buildings).
The final map for said subdivision has been reviewed by the Department of Public Works and
found to be in substantial conformance with the approved Tentative Map. Approval of the map
constitutes acceptance by the City of all sewer, drainage, and access easements within the
subdivision.
The subdivision is located within the existing Rancho Del Rey Open Space District #20
Landscaping and Maintenance District. Maintenance of the landscaped medians and parkways
along streets within and adjacent to the subject property will be through this district.
The subdivision is located within Assessment District number 87-1 (also known as "Bond
Refinance of 1995"). An apportionment fee for this Assessment District is required by the
developer and has been paid.
It should be noted that all of the streets within the subdivision are private and will be privately
maintained by the project's Homeowners' Association. The proposed street names within the
subdivision are: Aguirre Drive, Balboa Circle, El Cortez Court, Gonzales Way, Isle Way, Los
Arcos Place, Madrigal Court, Magellan Way, and Ricardo Drive.
The developer has executed a Supplemental Subdivision Improvement Agreement in order to
satisfy the following conditions of Resolution No. 18570, approving the Tentative Subdivision
Map for Chula Vista Tract 97-01, Rancho Del Rey, SPA III, Parcel 6, including unfulfilled
conditions of Resolution No. 16222 approving the Tentative Map for Rancho Del Rey SPA III that
are relevant to Parcel R-6:
In regards to unfulfilled conditions of Resolution No. 16222, Paragraph 12 states "The developer
shall be responsible for construction of an expanded 8 to 10 foot wide sidewalk/recreational
pathway along the western side of Paseo Ranchero, to connect the trail systems in the south leg
of Rice Canyon and in the Telegraph Canyon Road open space area." The Public Facilities
Financing Plan details that all Recreation/Open Space Trails shall be financed by Subdivision
Exaction. Due to the imminent sale of the property, the Developer has come to an agreement with
the City and has bonded for 200 % of the estimated costs for the design, grading and construction
of the Recreation/Open Space Trail along the north side of Telegraph Canyon Road from Buena
Vista Way to Paseo Ladera, as well as for a trail from Voyager Park to Telegraph Canyon Road.
These trails make up a component of the regional trail system and shall be approved by the City
Engineer and the Director of Parks and Recreation.
The bonds shall remain in effect until such time the Director of Parks and Recreation or his
designee accepts the trail.
/ (--~
Page 3, Item
Meeting Date 4/28/98
In addition, the Developer has agreed to the following conditions:
1. Building permit withholding ( Attachment 1, Resolution 18570, Condition No. 20):
a. The City may withhold building permits for any unit within the Project if anyone
of the following occur:
I. Regional development threshold limits set by the Eastern Chula Vista
Transportation Phasing Plan have been reached.
II. Traffic volumes, levels of service, public utilities and/or services exceed the
adopted City threshold standards in the then effective Growth Management
Ordinance.
b. The City may withhold building permits for any units within any phase of
development identified in the PFFP, if the required public facilities, as identified
in the PFFP or otherwise conditioned, have not been completed or constructed to
the satisfaction of the City. The developer may propose changes in the timing and
sequencing of development and the construction of improvements affected. In such
case, the PFFP may be amended as approved by the City Planning Director and
Public Works Director.
2. Developer shall defend and indemnify City (Attachment 1, Resolution 18570, Condition
No. 22):
On the condition that City shall promptly notify the Developer of any claim, action, or
proceeding and on the further condition that the City fully cooperates in the defense, the
Developer shall defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including any
approval by its agents, officers, or employees with regard to this project.
3. Liability for erosion ( Attachment 1, Resolution 18570, Condition No. 23):
Agree to hold the City harmless from any liability for erosion, siltation or increase of
drainage resulting from this project.
4. Cable television access ( Attachment 1, Resolution 18570, Condition No. 24):
In satisfaction of Condition No. 24 of Resolution No. 18570, 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 to each lot or unit within the Project.
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 Project only to those cable television companies
franchised by the City of Chula Vista, the condition of such grant being that: (a) such
/1--3
Page 4, Item
Meeting Date 4/28/98
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 the 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 a determination
by the City of Chula Vista that they have violated conditions of the grant.
5. Declaration of Covenants, Conditions and Restrictions (Attachment 1, Resolution
18570, Condition No. 33):
The Declaration of Covenants, Conditions and Restrictions shall include provisions
assuring maintenance of all applicable open space areas, streets, driveways and drainage
systems which are private. The City of Chula Vista shall be named party to said
Declaration authorizing the City to enforce the terms and conditions of the Declaration in
the same manner as any owner within the subdivision.
Include in the CC&R 1 S a set of design and construction guidelines for allowable accessory
structures outlining setbacks (sides and rear), maximum permitted private patio area cover
area, permitted height etc.
6. Chula Vista Municipal Code (Attachment 1, Resolution 18570, Condition No. 37):
Comply with all applicable sections of the Chula Vista Municipal Code; Developer further
agrees to prepare its Final Map and all plans in accordance with the Subdivision Map Act
and City's Subdivision Ordinance and Subdivision Manual.
7. Required Parking. ( Attachment 1, Resolution 18570, Condition 52 and 53):
The Developer shall provide the required parking within 100 feet and guest parking within
200 feet of the unit it is intended to serve. but in no instance shall the required and guest
parking be located outside the residential cluster area it is intended to serve. In addition,
the Developer shall prepare, submit and receive approval by the Director of Planning a
parking plan illustrating the distribution of all required and guest parking spaces as
prescribed in Section VI.6-A of the Rancho Del Rey SPA III Sectional Planning Area Plan
and Planned Community District Regulations.
8. General Conditions of Approval and Compliance (Attachment 1, Resolution 18570,
Condition Nos. IX.C, 54, & 58):
Comply with all unfulfilled conditions of approval of the Rancho Del Rey SPA III Master
Tentative Map, Chula Vista Tract 90-02, established by Resolution No. 16222 approved
by the City Council on June 18, 1991, and to remain in compliance with and implement
the terms, conditions, and provisions of Rancho Del Rey Sectional Planning Area (SPA)
¡I-I-
Page 5, Item
Meeting Date 4/28/98
Plan, General Development Plan, Planned Community District Regulations, including
Section XII.2-C Handicap Parking Requirements and Section VIII.3-G Item Nos. 1,4, and
6 of the Special Standards for RC Districts, Rancho Del Rey SPA III Water Conservation
Plan, Rancho Del Rey SPA III Air Quality Improvement Plan, Rancho Del Rey SPA III
Residential Design Guidelines, and Rancho Del Rey SPA III Public Facilities Financing
Plan, as amended and as are applicable to the property; Developer further agrees to
provide the City with such security (including recordation of covenants running with the
land) and implementation procedures, as the City may require to assure that after approval
of the Final Map, the Developer shall continue to comply and remain in compliance with
and implement such plans.
In addition, the developer has agreed to the following conditions:
9. Fire Hydrants (Attachment 8, Resolution 16222, Condition Nos. 51, 52, and 53): Agree
to install, test, and operate all fire hydrants required by the Fire Chief prior to placement
of any combustible materials on site of any unit in the project, which such hydrant
maximum pressure will not exceed 150 psi; in conjunction therewith, Developer shall
provide roadway access at such sites for fire apparatus as required by the Fire Chief.
10. Growth Management Ordinance (Attachment 8, Resolution 16222, Condition No. 62):
Agree to comply with the Growth Management Ordinance which is in effect at the time
building permits are issued pursuant to each such fmal map; Developer further agrees that
such compliance includes, but is not limited to the East Chula Vista Transportation Phasing
Plan, the Air Quality Improvement Plan and Water Conservation Plan for the project then
in effect.
11. Maintenance District (Attachment 8, Resolution 16222, Condition No. 64): Agree that
prior to approval of each final map for the project, it will not protest the formation of a
district for the maintenance of landscaped medians and parkways along streets within and
adjacent to the subject property.
12. Federal, State and Local Regulations (Attachment 8, Resolution 16222, Condition No.
75): Agree to comply with all relevant Federal, State, and Local regulations, including the
Federal Clean Water Act; Developer further agrees to provide testing and documentation
as required by the City Engineer to evidence such compliance.
13. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfilled conditions of approval of the Rancho Del Rey
III Master Tentative Map Tract 90-02 and the Rancho Del Rey III Parcel R-6 Tentative
Map, (Tract 97-01, established by Resolution Nos. 16222 and 18570 approved by Council
on July 30, 1991 and February 18, 1997, respectively, and shall remain in compliance with
and implement the terms, conditions and provisions of the resolutions.
I / --~
Page 6, Item
Meeting Date 4/28/98
The developer has also executed a Subdivision Improvement Agreement and has provided bonds
to guarantee construction of the required public improvements and the subdivision monumentation
and benchmarks. The developer has paid or agrees to pay the following fees in accordance with
the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection fees.
d. SR-125 impact fee.
e. Telegraph Canyon Drainage Fee.
Please note that the Developer's Disclosure Statement, February 4, 1997 City Council Minutes,
and February 18, 1997 City Council minutes pertaining to approval of the Tentative Subdivision
Map are included as Attachments 6, 7 A, and 7B, respectively.
FISCAL IMPACT:
All staff costs associated with processing of improvement plans and fmal map will be reimbursed
from developer deposits.
Attachments: NO
Attachment 1: Chula Vista Tract 97-01, Unit 1, Rancho Del Rey III Parcel R-6 -Resolution 18570 T SCANNED
Attachment 2: Subdivision Improvement and Supplemental Subdivision Improvement Agreement, RDR III, Unit 1 '--'"
A_moo' 3, Loc>!;OO "",,'Subdiv;,ioo PI'" fo, Uoit 2 k J--- - --- - -- --
Attachment 4: Subdivision Improvement Agreement i. ,
Attachment 5: Supplemental ~ubdivision Improvement Agreement v-- '--- > {! C~-""'--'---~~-o:il
Attachment 6: Developer's DIsclosure Statement -
Attachment 7A: M~!!utes of 2/04/97 Regard~ng Resolut~on No. 18570 ~ -- ---- - -----
Attachment 7B: M,nutes of 2/18/97 Regardmg ResolutIOn No. 18570 -----
Attachment 8: Chula Vista Tract 99-02, Tentative Subdivision Map for Rancho Del Rey (SPA) III Resolution 16222
-
H: \HOME\ENGINEER\LANDDEV\CAS314E. DEK
April 22, 1998 (1:25pm)
//-&
RESOLUTION NO. /glC¡ 7/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 97-01, UNIT 2, RANCHO DEL REY SPA III
PARCEL R-6 (BOLERO), ACCEPTING ON BEHALF OF
THE CITY OF CHULA VISTA PUBLIC EASEMENTS
GRANTED ON SAID MAP WITHIN SAID SUBDIVISION,
AND APPROVING 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 97-01, unit 2, RANCHO DEL REY SPA III
Parcel R-6 (Bolero), and more particularly described as follows:
Being a subdivision of Parcels 2,3 and "A" of Parcel Map
No. 27841, in the City of Chula Vista, County of San
Diego, State of California, filed in the Office of the
County Recorder of San Diego County, State of California.
Area: 21.142 acres No. of Lots: 154
Numbered Lots: 2 Lettered Lots: 1
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 City of Chula vista easements with the right of
ingress and egress for the construction and maintenance of
drainage, sewer and access facilities, all as shown on this map
within this subdivision, subject to the conditions set forth
thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that those certain easements
with the right of ingress and egress for the construction and
maintenance of drainage, sewer and access facilities, as granted
thereon and shown on said map within said subdivision is accepted
on behalf of the City of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1998, for
the completion of improvements in said subdivision, a copy of which
///J~/
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula vista.
Presented by Approved as to form by
--,
., )i~[~) 7 ¡lc'(;"&I;'~-' ~:;-
John P. Lippitt, Director of In'M. Kaheny, éìty
Public Works Attorney
C:lrslbolero.2
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199 -, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and RANCHO DEL
REY INVESTORS, L.P., a California Limited Partnership, 2727 Hoover
Avenue, National City, Ca. 91950, hereinafter called "Subdivider";
N.ITN~ââ~TH~
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 RANCHO
DEL REY SPA III PARCEL R6, UNIT 2 (PARCELS 2, 3, and "A" pursuant
to the provisions of the Subdi vision 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 install
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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. 18570, approved on the 18th day of
February, 1997 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 98-45 through 98-60, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of EIGHT HUNDRED
THOUSAND DOLLARS AND NO CENTS ($800,000.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the 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 ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the city Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
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certificate of clearance for utility connections for said b~ildings
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 thè ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of FOUR HUNDRED THOUSAND DOLLARS AND NO CENTS ($400,000.00), which
security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked Exhibit "A" and made
a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of FOUR HUNDRED THOUSAND DOLLARS AND NO CENTS ($400,000.00), 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 has furnished and delivered to the City of
Chula vista a cash deposit in the amount of $4,500.00 with Parcel
Map No. 17841 to secure the installation of monuments.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
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10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista,- or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
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.
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.
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 SUBDIVIDER:
RANCHO DEL REY INVESTORS, L.P. a
California limited partnership
Mayor of the City of Chula By: McMillin Project Services, Inc.
Vista
a California Corporation, as Attorney
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $400,000.00
Exhibit liB" Improvement Security - Material and Labor:
Form: Bond
Amount: $400,000.00
Exhibit "c" Improvement Security - Monuments:
Form: Cash Deposit
Amount: $4,500.00
Securities approved as to form and amount by
tt c ~ --{,-{ -¿ !,~--j;;.-; ~fu
ci;ty Attorney <.J
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement
H:\ho8e\attorney\ssia\RDRR-6.Un2
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RESOLUTION NO. / Y9 ? ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
97-01, UNIT 2, RANCHO DEL REY III PARCEL R-6
(BOLERO) AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT
WHEREAS, the developer, McMillin Project Services, has
executed a Supplemental Subdivision Improvement Agreement in order
to satisfy the Conditions 20,22,23, 24, 33, 37, 52, 53, IX.C, 54,
58 of Resolution No. 18570 and Conditions 51, 52, 53, 62, 64, and
75 of Resolution 16222 approving the Tentative Map for Rancho Del
Rey III that are relevant to Parcel R-6.
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
(Conditions 20, 22, 23, 24, 33, 37, 52, 53, IX.C,
54, 58, of Resolution 18570,
and Conditions 51,52,53,62,64,75 of Resolution 16222)
This Supplemental Subdivision Improvement Agreement (" Agree-
ment") is made this - day of , 1998, by and between THE
CITY OF CHULA VISTA, California ("city" or "Grantee" for recording
purposes only) and RANCHO DEL REY INVESTORS, L.P., a California
Limited Partnership ("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 as
Parcels 2,3, and "A" of Parcel Map No. 17841 ("Property"). The
Property is part of a project commonly known as Chula vista Tract
97~01, Rancho Del Rey III, Parcel R-6, unit 2. For purposes of
this Agreement the term "Project" shall mean "Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the city has approved a
Tentative Subdivision Map commonly referred to as Chula vista Tract
97~01, RANCHO DEL REY III, Parcel R-6, ( "Tentative Subdivision
Map") for the subdivision of the Property.
1
) / ß /2
D. The city has adopted Resolution Nos. 16222 and 18570
("Resolution") pursuant to which it has approved the T~ntative
Subdivision Map subject to certain conditions as more particularly
described in the Resolution, copies of which are attached hereto as
Exhibit "A" and "B" and incorporated herein.
E. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as being in substantial conformance with the
Tentative Subdivision Map described in this Agreement.
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
ci ty 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 proceed-
ings to enforce the curing of such breach 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 subj ect 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.
2
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b. Partial Release of Developer's Assignees. If
Developer assigns any portion of the Project subject to thè 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. 20 - Building Permits. In satisfaction of
Condition No. 20 of Resolution 18570, the Developer agrees that:
a. The City may withhold building permits for any unit within
the Project if anyone of the following occur:
i. Regional development threshold limits set by the East
Chula Vista Transportation Phasing Plan have been reached.
ii. Traffic volumes, levels of service, public utilities
and/or services exceed the adopted City threshold standards in the
then effective Growth Management Ordinance.
b. The city may withhold building permits for any of the
units within any phase of development identified in the PFFP, if
the required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have not been completed or
constructed to 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 Planning Director and Public
Works Director.
3. Condition No. 22 - Subdivision Map Indemnity. In
satisfaction of Condition No. 22 of Resolution 18570, the Developer
agrees that, on the condition that City shall promptly notify the
Developer of any claim, action or proceeding and on the further
condi tion that the City fully cooperates in the defense, the
Developer shall defend, indemnify, and hold harmless the City, and
its agents, officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or employees,
to attack, set aside, void or annul any approval by the City,
including approvals by its Planning Commission, City Council, or
any approval by its agents, officers, or employees with regard to
this Project.
4. Condition No. 23 - Erosion and Drainage Indemnity. In
satisfaction of Condition No. 23 of Resolution 18570, the Developer
agrees that, on the condition that City shall promptly notify the
Developer of any claim, action or proceeding, Developer shall
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, related to
3
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erosion, siltation or increased flow of drainage resulting from the
Property. city agrees to reasonably cooperate with Developer in
the defense of any such action, claim or proceeding.
5. Condition No. 24 - Cable Television Easements. In
satisfaction of Condition No. 24 of Resolution 18570, the Developer
agrees to permit all cable television companies franchised by the
city of Chula vista equal opportunity to place conduit to and
provide cable television service for each lot or unit within the
Project. Developer further agrees to grant, by license or
easement, and f or the benef it of, and to be enforceable by, the
City of Chula Vista, conditional access to cable television conduit
within the properties situated within the Project only to those
cable television companies franchised by the city of Chula vista
the condition of such grant being that (a) such access is coordi-
nated 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 the 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 ci ty 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 a determina-
tion by the City of Chula Vista that they have violated the
conditions of the grant.
6. Condition No. 33 - Declaration of Covenants, Conditions
and Restrictions. In satisfaction of Condition 33 of Resolution
18570, the Developer shall include in the Declaration of Covenants,
Conditions and Restrictions ("CC&R's") provisions assuring
maintenance of all applicable open space areas, streets, driveways
and drainage systems which are private. The City of Chula vista
shall be a named party to said Declaration authorizing the City to
enforce the terms and conditions of the Declaration in the same
manner as any owner within the subdivision. Developer shall also
include in the CC&R's a set of design and construction guidelines
for allowable accessory structures outlining setbacks (sides and
rear), maximum permitted private patio area cover area, permitted
height etc. and related design and construction specifications.
7. Condition No. 37 - Municipal Code Compliance. In
satisfaction of Condition No. 37 of Resolution 18570, the Developer
agrees to comply with all applicable sections of the Chula vista
Municipal Code; the Developer further agrees to prepare its Final
Map and all plans in accordance with the Subdivision Map Act and
City's Subdivision Ordinance and Subdivision Manual.
4
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8. Condition Nos. 52 and 53. Required Parking. In
satisfaction of Conditions 52 and 53 of Resolution 18570, the
Developer shall prepare, submit and receive approval by the
Director of Planning a .parking plan illustrating the distribution
of all required and guest parking spaces as prescribed in Section
VI.6-A of the Rancho Del Rey SPA III Sectional Planning Area Plan
and Planned Community District Regulations. The submitted parking
plan shall provide the required parking within 100 feet and guest
parking within 200 feet of the particular unit it is intended to
serve, but in no instance shall the required and guest parking be
located outside the residential cluster area it .is intended to
serve.
9. Condition Nos. IX.C, 54 and 58 - Compliance with Map and
Plan Provisions. In satisfaction of Condition Nos. IX.C, 54 and 58
of Resolution 18570, Developer agrees to comply with all
unfulfilled conditions of approval of the Rancho Del Rey SPA III
Master Tentative Map, Chula vista Tract 90-02, established by
Resolution No. 16222 approved by Council on June 18, 1991, and to
remain in compliance with and implement the terms, conditions, and
provisions of Rancho Del Rey sectional Planning Area (SPA) plan,
General Development Plan, Planned Community District Regulations,
including Section XII. 2-C Handicap Parking Requirements and Section
VIII.3-G Item Nos. 1, 4 and 6 of the Special Standards for RC
Districts, Rancho Del Rey SPA III Water Conservation Plan, Rancho
Del Rey SPA III Air Quality Improvement Plan, Rancho Del Rey SPA
III Residential Design Guidelines and Rancho Del Rey SPA III Public
Facilities Financing Plan, as amended and as are applicable to the
Property; Developer further agrees to provide the City with such
security (including recordation of covenants running with the land)
and implementation procedures, as the City may require to assure
that after approval of the Final Map, the Developer shall continue
to comply and remain in compliance with and implement such plans.
10. Condition Nos. 51, 52, and 53 - Fire Hydrants. In
satisfaction of Condition Nos. 51, 52, and 53 of Resolution No.
16222, Developer agrees to install, test, and operate all fire
hydrants required by the Fire Chief prlor to placement of any
combustible materials on site of any unit in the project, which
such hydrant maximum pressure will not exceed 150 psi; in
conjunction therewith, Developer shall provide roadway access at
such sites for fire apparatus as required by the Fire Chief.
11. Condition 62 - compliance with Growth Management
Ordinance. In satisfaction of Condition No. 62 of Resolution No.
16222, Developer agrees to comply with the Growth Management
Ordinance which is in effect at the time building permits are
issued pursuant to each such final map; Developer further agrees
that such compliance includes, but is not limited to the East Chula
vista Transportation Phasing Plan, the Air Quality Improvement Plan
and Water Conservation Plan for the project then in effect.
5
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12. Condition 64. - No Protest of Maintenance District or
Assessment District. In satisfaction of Condition No-. 64 of
Resolution No. 16222, Developer agrees that prior to approval of
each final map for the project, it will not protest the formation
of a district for the maintenance of landscaped medians and
parkways along streets within and adjacent to the subject property.
13. Condition 75 - Compliance with Applicable Laws. In
satisfaction of Condition No. 75 of Resolution No. 16222, Developer
agrees to comply with all relevant Federal, state, and Local
regulations, including the Federal Clean Water Act; Developer
further agrees to provide testing and documentation as required by
the City Engineer to evidence such compliance.
14. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction of Developer's
obligation of Conditions 20, 22, 23, 24, 33, 37, IX.C, 52, 53, 54,
and 58 of Resolution 18570 and 51,52,53,62,64,75 of Resolution
16222)
15. Unfulfilled Conditions. Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Rancho Del Rey III Master
Tentative Map Tract 90-02 and the Rancho Del Rey III Parcel R-6
Tentative Map, (Tract 97-01, established by Resolution Nos. 16222
and 18570 approved by Council on July 30, 1991 and February 18,
19971 respectively, and shall remaln in compliance with and
implement the terms, conditions and provisions of the resolutions.
16. Recording. This Agreement, or an abstract hereof
prepared by either or both parties, may be recorded by either
party.
17. 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. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Att.: Director of Public Works
6
J)ß'-?
Developer:
Rancho del Rey Investors
2727 Hoover Avenue
National city, CA 91950
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. Facsimile transmission shall
constitute personal delivery.
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, enforce-
ment 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.
7
//ß'--~
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove set
forth.
CITY OF CHULA VISTA DEVELOPER: RANCHO DEL REY
INVESTORS
By:,
~e u;tI
Shirley Horton, Mayor (Nam ) ~Yí¡:?,
Attest:
(Ti tIe)
By:
Beverly Authelet, City Clerk
Approved as to form: r' II !.
c:: 'i..r¿c. . / .
(Ti tIe)
rf3 ,~ /'/ (- ~ Mt= - 7 -::1!:-.
'. '~X -- } I \<{~v¿~~ ~ L, c: 1~.,v~J:1f'-h?-
JohnM. Kaheny, ,6ty Attor'ileyJ Approved as to form:
Attorneys for Developer
H:\SHARED\ENGINEER\RDRR-6C.SUP
RANCHO DEL REY INVESTORS, L.P.
a California limited partnership
By: McMillin Project Services, Inc.
a California Corporation, as Attorney
in Fact Under Durable Power of
Attorney
8 //'¡} ~9
COUNCIL AGENDA STATEMENT
Item /:<
-
Meeting Date 4/28/98
ITEM TITLE: Resolution /?l9 7.3 Accepting bids and awarding contract for
"Construction of Sidewalk Ramps on Various Streets in the City of Chula
Vista, CA FY 1997-98 (ST-513E)", and authorizing the City Manager to
execute change orders as appropriate to utilize the remaining project funds
to install more ramps than th(tl;
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Managerj)R- ~ (4/5ths Vote: Yes_NoX)
'--7
At 2:00 p.m. on March 18, 1998 in Conference Room 1 in the Public Services Building, the Director
of Public Works received sealed bids for "Construction of Sidewalk Ramps on Various Streets in
the City ofChula Vista, CA FY 1997-98 (ST-513E)." The work to be done consists of removal of
curb, gutter and sidewalk and the construction of pedestrian ramps on various streets in the City of
Chula Vista. The location and type of sidewalk ramp to be constructed is summarized in Table 1
(Attachment A). The total number of ramps to be constructed is 41.
RECOMMENDATION: That Council accept bids and award a contract for "Construction of
Sidewalk Ramps on Various Streets in the City ofChula Vista, CA FY 1997-98 (ST-513E)" to Fox
Construction, in the amount of $31,965.00, and authorizing the City Manager to execute change
orders as appropriate to utilize the remaining project funds to install more ramps than those bid.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for this project were budgeted in FY 1997-98 Capital Improvement Program (CIP) budget.
This is an annual program funded with Community Development Block Grant funds (CDBG). Its
purpose is to construct sidewalk ramps at various locations throughout the City. The locations are
generally near schools, shopping areas, or in many cases where we have had specific requests by
property owners to install the pedestrian ramps.
Bids for this project were received from four contractors as follows:
11.-1
Page 2, Item
Meeting Date 4/28/98
Contractor Bid Amount
1. Fox Construction, San Diego, CA $31,965.00
2. MJC Construction, Chula Vista, CA 32,110.00
3. Portillo Concrete, Chula Vista, CA 34,967.50
4. Scheidel Contracting and Engineering Inc., San Diego 44,444.44
Staff received excellent bids for the proposed work. The low bid, submitted by Fox Construction
is below the Engineer's estimate of$39,182.00 by $7,217.00 or 18.42%. Staffs estimate was based
on average prices for similar type work completed last year. Fox Construction has done other work
for the City and that work has been done satisfactorily.
Since the low bid was below the CIP budgeted amount, it is anticipated that there will be
approximately $7,235 available to construct additional ramps. Based on the bid, we estimate that
we can build approximately 11 more ramps. Thus, a total of 52 ramps could be constructed with
this contract. The contract documents allow the City to increase the unit quantity for the
construction of additional ramps without a change in the contract unit price bid by the Contractor.
Attachment B shows a table listing locations for the additional ramps to be constructed. Staff will
return with an informational item to Council to report on the number of curb ramps built through the
change order process.
Disadvantaged Business Enteq>rise Goal
The bid documents set forth participation requirements per Federal Regulation for meeting the
disadvantaged and women-owned business goals. Judith Foland, Community Development
Specialist, has reviewed the bid documents submitted by the three lowest bidders. Her conclusion
is that the lowest bidder, Fox Construction is not a certified Minority Business Enterprise (MBE)
and therefore does not meet the MBE goals (See Attachment C). The second lowest bidder, MJC
Construction, does meet the MBE goals because they qualify as a minority business enterprise on
their own.
A closer review of the situation, however, reveals that none of the four contractors that submitted
bids intended to subcontract portions of the work. Thus, all four contractors are to be considered
prime contractors and the only manner they can meet the MBE goals is to qualify on their own. The
Federal Regulations, applicable to the proposed fund makes it permissible rather than mandatory that
the contract be awarded to a certified MBE prime contractor. Thus, it is our finding that Fox
Construction is qualified to perform the work under the City's requirement for Disadvantaged
Business Enterprises. Staff recommends awarding the contract to Fox Construction for the following
reasons: 1) Fox Construction is the lowest bidder; 2) the City Charter requires that all projects be
awarded to the lowest bidder; and 3) the MBE is non-mandatory in this instance.
A-~
Page 3, Item
Meeting Date 4/28/98
Staff also reviewed Fox Construction's eligibility status with regard to federal procurement programs
and the status of the State contractor's licenses. Fox Construction is not listed as excluded from
Federal Procurement Programs (list of parties excluded from Federal procurement or non-
procurement programs as of January 9, 1998).
I>isc10sure Statement
A copy of the contractor's disclosure statement is attached as Attachment I>.
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project for the AI>A
curb cuts and has determined them exempt under Section 15301 (d), Class 1 of the California
Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public
Structures).
Prevailin~ W a~e Statement
The source of funding for this project is Community I>evelopment Block Grant Funds. Prevailing
wage scales are those determined by the Federal I>epartment of Labor.
FISCAL IMP ACT:
FUNI>S REQUIREI> FOR CONSTRUCTION
A. Contract Amount $31,965.00
B. Staff Costs (I>esign, Construction & Inspection) $8,500.00
C. Construction Contingencies (7%) $2,300.00
I>. Additional Ramps to be Constructed $7,235.00
TOTAL FUNI>S REQUIREI> FOR CONSTRUCTION $50,000.00
11..-3
Page 4, Item
Meeting Date 4/28/98
FUNDS AVAILABLE FOR CONSTRUCTION
A. 1997-98 ADA Curb Cut Annual Program
Various Accounts (ST-513E) $50,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $50,000.00
The above action awarding of the contract will authorize a total expenditure of $50,000 from the
budgeted CIP project. After construction, only routine City maintenance amounting to mainly
sweeping, will be required.
Attachments
A - Table 1, Ramp locations to be constructed
B - Table 2, Additional Ramp locations to be constructed if funds are available
C - Memo from Community Development
D - Contractor's Disclosure Statement Nor SCANNED
BVH:bvh
H:\HOMEIENGINEER\AGENDA\ST513113.BVH
File No: 0735-1O-ST -513E
IA--I-J
RESOLUTION NO. /7973
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR "CONSTRUCTION OF SIDEWALK RAMPS
ON VARIOUS STREETS IN THE CITY OF CHULA VISTA,
CA FY 1997-98 (ST-513E)", AND AUTHORIZING THE
CITY MANAGER TO EXECUTE CHANGE ORDERS AS
APPROPRIATE TO UTILIZE THE REMAINING PROJECT
FUNDS TO INSTALL MORE RAMPS THAN THOSE BID
WHEREAS, at 2:00 p.m. on March 18, 1998 in Conference
Room 1 in the Public Services Building, the Director of Public
Works received the following four sealed bids for "Construction of
Sidewalk Ramps on Various Streets in the City of Chula Vista, CA FY
1997-98 (ST-513E):
Contractor Bid Amount
1. Fox Construction, San Diego, CA $31,965.00
2. MJC Construction, Chula Vista, CA 32,110.00
3. Portillo Concrete, Chula Vista, CA 34,967.50
4. Scheidel Contracting and 44,444.44
Engineering Inc., San Diego
WHEREAS, staff received excellent bids for the proposed
work with the low bid, submitted by Fox Construction, being below
the Engineer's estimate of $39,182.00 by $7,217.00 or 18.42%; and
WHEREAS, since the low bid was below the CIP budgeted
amount, it is anticipated that there will be approximately $7,235
available to construct additional ramps and based on the bid, it is
estimated that we can build approximately 11 more ramps; thus, a
total of 52 ramps could be constructed with this contract; and
WHEREAS, the contract documents allow the City to
increase the unit quantity for the construction of additional ramps
without a change in the contract unit price bid by the Contractor;
and
WHEREAS, the bid documents set forth participation
requirements per Federal Regulation for meeting the disadvantaged
and women-owned business goals and staff concluded that the lowest
bidder, Fox Construction is not a certified Minority Business
Enterprise (MBE); and
WHEREAS, the second lowest bidder, MJC Construction is a
certified Minority Business Enterprise; and
1
II.~S
WHEREAS, all four contractors are prime contractors and
the only manner they can meet the MBE goals is to qualify on their
own; and
WHEREAS, under these circumstances, the Federal
Regulations, applicable to the proposed fund authorize the award of
the contract to a non-certified prime contractor and staff finds
that Fox Construction is qualified to perform the work under the
city's requirement for Disadvantaged Business Enterprises; and
WHEREAS, staff recommends awarding the contract to Fox
Construction for the following reasons: (1) Fox Construction is the
lowest bidder; (2) the city Charter requires that all projects be
awarded to the lowest bidder; and (3) MBE participation is not
mandated by the applicable Federal Regulations; and
WHEREAS, the Environmental Review Coordinator has
reviewed the work involved in this project for the ADA curb cuts
and has determined them exempt under section 15301 (d), Class 1 of
the California Environmental Quality Act (Minor Alterations of
Existing Public Improvements or Public Structures); and
WHEREAS, the source of funding for this project is
Community Development Block Grant Funds.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby accept the four bids and award a
contract for "Construction of Sidewalk Ramps on Various Streets in
the City of Chula Vista, CA FY 1997-98 (ST-513E)" to Fox
Construction, in the amount of $31,965.00.
BE IT FURTHER RESOLVED that the city Manager is hereby
authorized to execute change orders as appropriate to utilize the
remaining project funds to install more ramps than those bid.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
c: \ rs\ ramps. bid
2
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MEMORANDUM
April 6, 1998
TO: Jim Holmes, Civil Engineer) Design Section
FROM: Judith Foland! Community Development SpecialistJ ~
SUBJECT: Disadvantaved Business Enterprises Pro9ram, ST --513E
I have reviewed the three bid proposals for the MBEIWBE compliance for
Construction of Sidewalk Ramps and have determined through the submitted
documentation from all three contractors that subcontractors will not be needed for
this construction project.
Based on my review I have determined that Fox Construction (lowest bidder) is not
a certified Minority Business Enterprise and therefore this contractor has not met the
MBE goals. However! MJC Construction (second lowest bidder) does meet the
MBE goals.
Please call me at extension 5036 if you have any questions.
cc: Juan Arroyo, Housing Coordinator
f-'"
~
COUNCIL AGENDA STATEMENT
ITEM 13
-
j MEETING DATE: 4/28/98
1797
ITEM TITLE: Resolution approving a purchase agreement between the City of Chula Vista
and ATS Computers, Inc. to provide Desktop Computer Systems on an "as-
needed" basis through March 31, 1999, with an option to renew the agreement
for five (5) additional, one (1) year periods.
SUBMITTED BY: Director of Finance P
Director of Management & ~ation Services --A.J
REVIEWED BY: City Manage~ ~ -'" (4/Sths Vote: Yes_NoX)
Specifications for desktop computer systems have been updated and bid out on the open market. The
intent of the bid process was to standardize City computer systems requirements and commit to a
single supplier over an extended period of time for favorable terms and pricing.
RECOMMENDATION: That Council adopt the resolution approving a purchase agreement with
ATS, Computers, Inc., the overall low responsive and responsible bidder meeting specifications.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: Based on a previous competitive bid process, desktop computer systems have been
purchased from ATS Computers since November, 1995. The agreement with ATS has recently
expired, and as a result, the City's standard computer specifications were refined and updated.
Pending departmental requirements were also taken into consideration when drafting the bid. By
committing to a single supplier over a period of time, continued conformity to City standards would
be facilitated. Consistency in maintenance and interchangeability of parts would also be achieved.
Should problems occur, a single point of contact would be responsible for correcting deficiencies.
Bid specifications were prepared with the assistance ofthe Director of Management and Information
Services and the Library Automation Manager. Minimum hardware and software configurations
were defined for all equipment to be purchased. The first two (2) sections of the bid were based on
existing systems requirements. The third section focused on motherboard, video card, and power
supply upgrades. A fourth section addressed replacement components. The fifth, and final section,
included a cost discount schedule for future purchases.
A stringent four (4) year warranty was also included to minimize maintenance costs and maximize
equipment operation. This warranty covers labor and parts on-site for the first year; parts only for
the second, third, and fourth years. Repairs under warranty must be completed within twenty-four
(24) hours of notification by the City. Should repairs not be completed within the twenty-four (24)
hour period, fully functional loaner equipment must be provided until repairs are complete. Parts
under warranty must be provided within seventy-two (72) hours of notification by the City.
13-1
Page 2, Item -
Meeting Date 4/28/98
Thirty-eight (38) prospective bidders were contacted and an advertisement was placed in the local
newspaper. Ofthe thirty-eight (38) potential bidders contacted, seven (7) were Chula Vista vendors.
Twenty-three (23) bids were received and publicly opened by the Purchasing Agent on March 10,
1998. Copies of all bids received are available for review in the Purchasing Office.
Twelve (12) of the twenty-three (23) bids received were complete. Incomplete bids were rejected
as non-responsive. Ofthe twelve (12) complete bids received, four (4) respondents fully complied
with the specifications. Reasons for non-compliance, and subsequent exclusion from further
consideration, included inferior parts submittal or exceptions to the warranty provisions. Systems
pricing from the four (4) fully compliant bidders are listed below:
ATS Computers Data Pro Compucom Vanstar
Section I $46,028.00 $48,518.00 $57,269.04 $68,274.00
Section II $68,280.00 $71,000.00 $81,104.00 $102,720.00
Total Sections I & II $114,308.00 $119,518.00 $138,373.04 $170,994.00
Systems from the two (2) lowest, responsive bidders, ATS Computers and Data Pro Corporation,
were obtained and subjected to benchmark testing. Overall, A TS Computers offered a product that
was lower in cost and higher in performance. Recommendation for award was based on
completeness of bid, compliance with specifications, price, quality of product, reference checks, and
performance.
System prices for existing requirements range from $1,552 to $2,046. Prices for systems and
equipment not specifically listed would be locked in at a cost not to exceed 15% above A TS landed
cost. Landed cost is defined as the bidder's invoice price from manufacturers and/or suppliers,
including incoming freight. The City reserves the right to audit invoices to ensure compliance with
this provision.
Systems purchased against this agreement are required to be Year 2000 compliant. A TS Computers
has also agreed to a Public Agency option; whereby, other public agencies may participate in any
award as a result of this bid. A TS has further agreed to extend contract prices to City staff
purchasing computers for home use.
FISCAL IMPACT: There would be no direct fiscal impact from approving this resolution in that
funds expended will have been approved through the normal budget or appropriation process. There
is approximately $158,000 in existing system and upgrade requirements pending. An estimated
additional $138,000 will be expended over the first year ofthis agreement. Further expenditures are
indeterminate at this time. Purchase orders will be issued as authorized departmental requests are
received.
,~-~
RESOLUTION NO. J~9jJy
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A PURCHASE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND ATS
COMPUTERS, INC. TO PROVIDE DESKTOP COMPUTER
SYSTEMS ON AN "AS-NEEDED" BASIS THROUGH MARCH
31, 1999, WITH AN OPTION TO RENEW THE
AGREEMENT FOR FIVE (5) ADDITIONAL, ONE (1)
YEAR PERIODS
WHEREAS, specifications for desktop computer systems have
been updated and bid out on the open market; and
WHEREAS, the intent of the bid process was to standardize
computer systems requirements and commit to a single supplier over
an extended period of time for favorable terms and pricing.
WHEREAS, bids specifications were prepared with the
Assistance of the Director of Management and Information Services
and the Library Automation Manager; and
WHEREAS, 38 prospective bidders were contacted with 23
bids being received and opened by the Purchasing Agent on March 10,
1998; and
WHEREAS, evaluation was based on pricing, quality of
product, experlence, references, and a demonstrated high level of
servlce; and
WHEREAS, sample systems were obtained from the two (2)
apparent low bidders for benchmark testing and, overall, ATS
Computers was lower in cost and offered a superlor product and
staff recommends awarding the contract to ATS Computers, Inc.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve a purchase agreement
between the City of Chula Vista and ATS Computers, Inc. to provide
desktop computer systems on an "as-needed" basis through March 31,
1999, with an option to renew the agreement for five (5)
additional, one (1) year periods.
Presented by Approved as to form by
Robert Powell, Director of M. Kaheny, ty
Finance ttorney
C:lrslcomputer.bid
13"- ,3
COUNCIL AGENDA STATEMENT
Item /¿~
Meeting Date April 28, 1998
/'
ITEM TITLE: RESOLUTION /79 7..!J AUTHORIZING AND APPROVING THE
BORROWING OF FUNDS FOR FISCAL YEAR 1998-99; THE
ISSUANCE AND SALE OF A 1998-99 TAX AND REVENUE
ANTICIPATION NOTE THEREFORE AND PARTICIPATION IN THE
CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM
/.7~ ?¡;
RESOLUTION - IRECTING THE CITY MANAGER TO INCLUDE
IN THE FISCAL YEAR 1998-99 PROPOSED BUDGET
APPROPRIATIONS OF $312,800 FOR TAX AND REVENUE
ANTICIPATION NOTE PROJECTED INTEREST AND ISSUANCE
COSTS AND ESTIMATED INTEREST REVENUES OF $312,800
FROM INVESTMENT OF THE NOTE PROCEEDS
SUBMITTED BY: Director of Finance ¡yO ~
REVIEWED BY: City Manage~ 'ð ~ (415ths Vote: Yes _No---X-)
SUMMARY: In order to address cash shortfalls that are projected to occur in the General Fund
during Fiscal Year 1998-99 due to the cyclical nature of some of our major revenue
sources, it is recommended that the City again take advantage of the opportunity to
borrow money on a short-term basis at the lowest cost by issuing a Tax and Revenue
Anticipation Note (TRAN) through the pooled financing program sponsored by the
League of California Cities. As has been done during the last two fiscal years, such
a borrowing is recommended as an alternative to borrowing from other City Funds.
RECOMMENDATION:
Adopt the resolutions which:
1 . Authorize the borrowing of a maximum of $7.9 million for fiscal year
1998-99 by issuance of a TRAN through the California Communities
Cash Flow Financing Program dated July 1, 1998 and with a maturity
not to exceed 15 months;
2. Authorize various financing documentation, including a purchase
agreement (attached) and an Indenture which is on file with the Finance
Department.
JJ -I
Page 2, Item
Meeting Date 4/28/98
3. Authorize the Director of Finance and the Assistant Director of Finance
to sign the financing documentation in connection with the issuance.
4. Approve the team of financing experts selected by CSCDA.
5. Direct the City Manager to include the estimated interest cost of the
borrowing and estimated interest revenues from investment of the note
proceeds in the fiscal year 1998-99 proposed budget.
DISCUSSION:
Not unlike most public agencies that rely on property tax revenues to fund a
significant portion of their operations, the City's reserves are insufficient to provide
enough cash during certain times of the year to cover our fairly consistent expenditure
patterns until the tax revenue is received. This is most acute early in each fiscal year
prior to receiving the first large property tax apportionment in mid-December.
TRAN's are the most common vehicle used by local government entities to obtain
large amounts of cash on a short-term basis, and as explained under Fiscal Impact, are
typically less expensive than internal borrowing from other restricted Funds. Issuing
TRAN's is an established annual event for many local government entities, including
the County, and the Cities of San Diego, Oceanside, EI Cajon, and La Mesa. In
addition, many school districts also issue TRAN's on an annual basis. The City of
Chula Vista issued TRAN's during both of the last two fiscal years.
Basically, money is borrowed through the municipal market by issuing a one year note
at short-term tax exempt rates and the proceeds are invested until needed to cover
shortfalls. All money borrowed, plus interest is repaid near the end of the fiscal year
from any unrestricted revenues of the City. With the difference in the interest rate
earned vs. paid (current spread 1.5% - 2.5%), there is often the opportunity to
actually earn a small amount of arbitrage (net earnings based on the difference in the
interest rate paid v. earned) on this type of borrowing, although this possibility has
been severely curtailed with recent federal tax law changes which limit the amount
borrowed.
The California Statewide Communities Development Authority (CSCDA), sponsored
by the League of California Cities and the California State Association of Counties, has
operated a pooled TRAN program for member agencies for several years. The CSCDA
Pool for fiscal year 1998 included 63 different local government entities. For the small
issuer as the City of Chula Vista would be when compared to larger Counties and
Schools, the pooled concept offers significant savings through sharing the costs of
issuance, a streamlined process, greater market access normally afforded only large
issuers, etc.
11i-~
Page 3, Item
Meeting Date 4/28/98
The group of financial experts working on the program for fiscal year 1999 will be the
identical panel from this fiscal year's process, including Sutro & Co. as financial
advisor, Orrick, Herrington & Sutcliffe as bond counsel, and Morgan Stanley & Co.,
Lehman Brothers, and E.J. De La Rosa & Co. as the underwriting team. These experts
were selected through a competitive process for a multi-year engagement.
When the TRAN is actually priced in mid-June, in the unlikely event that the interest
rate actually achieved is so high as to make the TRANS borrowing more expensive
than an internal borrowing, we can and will abort the transaction at that time with no
cost to the City and return to Council with information regarding internal borrowing
alternatives. In any event, an informational item describing the results of the process
would be presented to Council at that time.
In order to cover cash shortfalls during Fiscal Year 1997-98 the City issued a
$9,080,000 TRAN through the program described. The borrowing itself resulted in
a net gain of approximately $27,000 (borrowing cost less investment interest earned
on note proceeds). However, when compared to the cost of an internal borrowing at
the City's investment pool interest rate, the TRAN process resulted in a savings of
approximately $154,000. This amount is the total of the net gain on the borrowing
itself, $27,000, plus the avoided interest cost that would have been incurred on an
internal borrowing of $127,000.
FISCAL IMPACT:
Very preliminary cash flow projections show that the General Fund could incur a
maximum temporary cash shortfall of approximately $6.8 million in early December
based on a balanced budget of $65.7 million. Under current federal tax laws, the City
may borrow on a tax exempt basis an amount not to exceed the projected maximum
deficit plus a reasonable working capital reserve, which conservatively results in a
maximum borrowing amount of $7.9 million. The CSCDA financing team is currently
estimating an interest rate on the TRAN of 3.8%, and a cost of issuance of $24,000
for the City.
Given these projections, the cost of the TRAN would be $312,800 (interest of
$288,800 and cost of issuance of $24,000). Estimated revenue from investing the
proceeds of the borrowing until needed is conservatively projected to be at least equal
to the cost of the borrowing. Therefore, the net cost of the TRAN issue is estimated
to be zero.
1&1- 3
Page 4, Item
Meeting Date 4/28/98
If an internal borrowing is utilized in place of the recommended TRANS issue, the cost
to the General Fund would be approximately $132,000 in interest cost, which it would
have to pay to the pool in order to keep all other City Funds, especially restricted
Funds, whole. In summary, it is estimated that the TRANS issue would save the City
approximately $132,000 during fiscal year 1998-99 when compared to the cost of
internal borrowing.
}~-~
.
PURCHASEAGREEME~J
THIS PURCHASE AGREEMENT (the "Purchase Agreement"), dated as of the
purchase date (the "'Purchase Date") specified in Exhibit A attached hereto and made a part hereof,
entered into by and between the signatory local agency designated in Exhibit A (the "Local
Agency") and the California Statewide Communities Development Authority (the "Authority"), for
the sale and delivery of the principal amount specified in Exhibit A of the Local Agency's 1998-
1999 Tax and Revenue Anticipation Note (the "Note") to be issued in conjunction with the notes of
other Issuers (as hereinafter defined) participating in the Program (as hereinafter defined), as
detennined in the Pricing Confinnation (as hereinafter defined). pooled with notes of other Issuers
and assigned to secure a series (the "Series") of bonds (the "Bonds") designated in Exhibit A;
WITNESSETH:
WHEREAS, local agencies are authorized by Sections 53850 to 53858, both
inclusive, of the Government Code of the State of California (the "Act") (being Article 7.6, Chapter
4, Part 1, Division 2, Title 5 of the Government Code) to borrow money by the issuance of
temporary notes;
WHEREAS, the legislative body of the Local Agency (the "Legislative Body") has
heretofore adopted its resolution finding that the Local Agency needs to borrow funds in its fiscal
year ending June 30, 1999 ("Fiscal Year 1998-1999") in the principal amount set forth in Exhibit A
and that it is necessary that said sum be borrowed at this time by the issuance of a note therefor in
anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys to be received
by the Local Agency during or attributable to Fiscal Year 1998-1999;
WHEREAS, on the resolution date set forth in Exhibit A, the Local Agency
adopted (as specified in Exhibit A) a resolution or resolutions (collectively or singularly, as
applicable, the "Resolution") authorizing the issuance and sale of the Note in the name and on
behalf of the Local Agency;
WHEREAS, the Local Agency has detennined that it is in the best interests of the
Local Agency to participate in the California Communities Cash Flow Financing Program (the
"Program"), whereby participating local agencies (the "Issuers") will simultaneously issue tax and
revenue anticipation promissory notes for purchase by the Authority;
WHEREAS, under the Program, the Authority will fonn one or more pools of
notes (the "Pooled Notes") and assign each note to a particular pool (the "Pool") and sell a Series of
Bonds secured by each Pool pursuant to an indenture, dated as of July 1, 1997 (the "Indenture"), by
and between the Authority and U.S. Trust Company of California, N.A. (the "Trustee"), and sell
each such Series to Morgan Stanley & Co. Incorporated, as representative of the underwriters of the
Program (collectively, the "Underwriter");
\Þ1998, Orrick, Herrington & Sutcliffe LLP. All rights reserved.
DOCSLA\:24494\.\
JIof-5
,-
WHEREAS, if so indicated in Exhibit A, the payment by the Local Agency of its
Note will be secured in whole or in part Gointly, but not severally, with notes of the other
participating Issuers assigned to the same Series of Bonds) by a letter of credit, policy of insurance,
proceeds received from a separate bond issue issued by the Authority for such purpose (the
"Reserve Fund") or other credit instrument (collectively, the "Credit Instrument") to be issued by
the entity or entities designated in Exhibit A as the credit provider (the "Credit Provider");
WHEREAS, such Credit Instrument may be issued pursuant to a reimbursement
agreement, commitment letter, indenture or other agreement (the "Credit Agreement") as identified
in Exhibit A;
WHEREAS, in order to participate in the Program, the Local Agency has agreed to
be responsible for its share of the fees and expenses of the Trustee, and, if applicable, the Credit
Provider and the costs of issuing the Bonds, and the costs, if applicable, of issuing the Credit
Instrument, which anticipated fees, expenses and costs of issuance will be deducted from the
purchase price set forth in Exhibit A and which unanticipated fees, expenses and costs of issuance
will be billed to the Local Agency as the same may arise;
WHEREAS, the costs of issuance which will be deducted from the purchase price
set forth in Exhibit A for the Local Agency shall not exceed one percent (1 %) of the principal
amount of each Note; and
WHEREAS, pursuant to the Program, the Authority is submitting this offer to
purchase the Note pursuant to this Purchase Agreement;
NOW, THEREFORE, for good and valuable consideration the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Oblieation to Purchase. Upon the terms and conditions and in
reliance upon the representations, warranties and agreements set forth herein, the Authority shall
purchase from the Local Agency, and the Local Agency shall sell to the Authority, the Note, as
described herein and in the Resolution.
Section 2. Purchase Price. The purchase price of the Note shall be the
purchase price set forth in the pricing confirmation attached hereto as Exhibit A (the "Pricing
Confirmation"). The Note shall bear interest at an interest rate per annum set forth in the Pricing
Confirmation, which is hereby agreed to by and between the Authority and the Local Agency by
its duly authorized representative executing this Purchase Agreement on behalf of the Local
Agency.
Section 3. Adjustments to Principal Amount of Note and Purchase Price.
The Authority and the Local Agency hereby agree that the principal amount of the Note
purchased by the Authority and sold to the Authority by the Local Agency pursuant to this
Purchase Agreement may be reduced, as determined by the Authority and each Local Agency,
based upon the advice of Orrick, Herrington & Sutcliffe LLP ("Bond Counsel"), in order that the
DOCSLA1:244941.1 2
,.., -(.,
proceeds produced from such sale of such Note will be an amount which will not be subject to
either (i) yield restriction (in order for interest to be excluded from gross income under Section
103 of the Internal Revenue Code of 1986, as amended (the "Code"» or (ii) a rebate requirement
(under Section 148 of the Code). The Authority and the Local Agency hereby further agree that
the purchase price of the Note shall be reduced as a result of any reduction of the principal
amount of the Note required by this section.
Section 4. Delivery of and Payment for the Note. The delivery of the Note
(the "Closing") shall take place at 8:00 a.m., California time, on the closing date set forth in the
Pricing Confinnation or at such other time or date as may be mutually agreeable to the Local
Agency, the Authority and the Underwriter, at the Los Angeles office of Orrick, Herrington &
Sutcliffe LLP or such other place as the Local Agency, the Authority and the Underwriter shall
mutually agree. At the Closing, the Local Agency shall cause the Note to be delivered to the
Authority, duly executed and authenticated. together with the other documents hereinafter
mentioned, and the proceeds of the purchase price of the Note set forth in the Pricing
Confinnation shall be deposited in an amount indicated in the Pricing Confinnation as the
Deposit to Proceeds Fund which shall be held by the Trustee for the Local Agency and the
remainder in the Costs ofIssuance Fund held thereunder.
If at any time prior to 90 days after the Closing Date, any event occurs as a result of
which infonnation relating to the Local Agency included in the official statement of the Authority
relating to the Series of Bonds to which the Note is assigned (the "Official Statement") contains an
untrue statement of a material fact or omits to state any material fact necessary to make the
statements therein in light of the circumstances under which they were made, not misleading, the
Local Agency shall promptly notify the Authority and the Underwriter thereof, and if, in the
opinion of the Authority or the Underwriter, such event requires the preparation and publication of
a supplement or amendment to the Official Statement, the Local Agency shall cooperate with the
Authority and the Underwriter in the preparation of an amendment or supplement to the Official
Statement in a fonD and in a manner approved by the Authority and the Underwriter, and all
reasonable expenses incurred thereby shall be paid by the Local Agency.
Section 5. The Note. The Note shall be issued in substantially the fonD set
forth in the Resolution, without coupons in the full principal amount set forth in Exhibit A.
Section 6. Representations and Warranties of the Local Å2enCy. The
Local Agency represents and warrants to the Authority and the Underwriter that:
(a) All representations and warranties set forth in the Resolution are true and
correct on the date hereof and are made for the benefit of the Authority and the Underwriter as if
set forth herein.
(b) The infonnation relating to the Local Agency included in the Official
Statement does not contain any untrue statement of a material fact or omit to state any material
DOCSLAl:244941.1 3
11.#-7
fact necessary to make the statements therein in light of the circumstance under which they were
made not misleading.
(c) A copy of the Resolution has been delivered to the Authority and the
Underwriter, and the Resolution will not be amended or repealed without the consent of the
Authority and the Underwriter, which consent will not be unreasonably withheld.
(d) The Local Agency acknowledges that the Authority is authorized to
execute the Indenture, to assign the Note to the Trustee under the Indenture and to issue the
Series of Bonds pursuant to the Indenture.
(e) The Local Agency shall provide the required Payment Account Deposit
Certification (upon a request therefor) in accordance with Section 5.06 of the Indenture.
(f) The Local Agency has not issued and will not issue any obligation or
obligations, other than the Note, to finance the working capital deficit for which the Note is being
issued.
Section 7. Conditions Precedent to the Closing. Conditions precedent to the
Closing are as follows:
(a) The execution and delivery of the Note consistent with the Resolution.
(b) Delivery of a legal opinion addressed to the Local Agency (with a reliance
letter addressed to the Authority and the Underwriter), dated the date of closing of Bond Counsel
with respect to the validity of the Note in form and substance acceptable to the Authority and the
Underwriter.
(c) Delivery of a legal opinion, dated the date of Closing, of counsel to the
Local Agency, with respect to the due authorization, execution and delivery of the Note, in form
and substance acceptable to Bond Counsel.
(d) Approval by the Credit Provider of the credit of the Local Agency and
inclusion of the Local Agency's Note in the assignment, together with notes of other Issuers, to a
Series of Bonds, to secure the Series of Bonds, which approval in the event the Credit Instrument
is the Reserve Fund shall be evidenced by the issuance of an "SP-l +" rating with respect to the
applicable Series of Bonds by Standard & Poor's Ratings Services.
(e) Delivery of each certificate, document, instrument and opinion required by
the agreement between the Authority and the Underwriter for the sale by the Authority and
purchase by the Underwriter of the Series of Bonds to which the Pooled Note is assigned.
(f) Delivery of such other certificates, instruments or opinions as Bond
Counsel may deem necessary or desirable to evidence the due authorization, execution and
delivery of documents pertaining to this transaction and the legal, valid and binding nature
DOCSLA1:244941.J 4
, ~ -tt
-
thereof or as may be required by the Credit Agreement, as well as compliance of all parties with
the terms and conditions thereof.
Section 8. Events Permitting the Authoritv to Terminate. The Authority
may terminate its obligation to purchase the Note at any time before the Closing if any of the
following occurs:
(a) Any legislative, executive or regulatory action (including the introduction
of legislation) or any court decision which, in the judgment of the Authority, casts sufficient
doubt on the legality of obligations such as the Note, and the tax-exempt status of interest on
obligations such as the Bonds, so as to impair materially the marketability or to reduce materially
the market price of such obligations;
(b) Any action by the Securities and Exchange Commission or a court which
would require registration of the Note, the Bonds or any instrument securing the Note or Bonds
under the Securities Act of 1933, as amended, in connection with the public offering thereof, or
qualification of the Resolution or the Indenture under the Trust Indenture Act of 1939, as
amended;
(c) Any restriction on trading in securities, or any banking moratorium, or the
inception or escalation of any war or major military hostilities which, in the judgment of the
Authority, substantially impairs the ability of the Underwriter to market the Bonds; or
(d) The Underwriter terminates its obligation to purchase the Series of Bonds
to which the Note is assigned pursuant to its agreement with the Authority for the purchase of
such Series of Bonds.
Neither the Underwriter nor the Authority shall be responsible for the payment of
any fees, costs or expenses of the issuance, offering and sale of the Local Agency's Note except the
Underwriter shall be responsible for California Debt and Investment Advisory Commission fees
and for its own internal costs. The fees, costs and expenses that are categorized in the "Costs of
Issuance" definition in the Indenture shall be paid from the Costs of Issuance Fund. The Local
Agency shall pay any additional costs attributable to it as set forth in the Resolution other than the
fees, costs and expenses so payable from the applicable Costs ofIssuance Fund.
Section 9. Indemnification. To the extent permitted by law, the Local
Agency agrees to indemnify and hold harmless the Authority and the Underwriter and each
person, if any, who controls (within the meaning of Section 15 of the Securities Act of 1933, as
amended, or of Section 20 of the Securities Act of 1934, as amended) the Authority or the
Underwriter, and the officers, directors, agents and employees of the Authority and the
Underwriter against any and all losses, claims, damages, liabilities and expenses arising out of
any statement or information in the Preliminary Official Statement or in the Official Statement
(other than statements or information regarding an Issuer other than the Local Agency) that is
untrue or incorrect in any material respect or the omission or alleged omission therefrom of any
DOCSLA 1:24494 l.l 5
Ilf-lf
.-
statement or infonnation (other than statements or infonnation regarding an Issuer other than the
Local Agency) that should be stated therein or that is necessary to make the statements and
information therein not misleading in any material respect.
Section 10. Credit Aereement. The Local Agency shall comply with all
lawful and proper requests ofthe Authority in order to enable the Authority to comply with all of
the terms, conditions and covenants binding upon it under the Credit Agreement.
Section 11.. Notices. Any notices to be given to the Underwriter under the
Purchase Agreement shall be given in writing to Morgan Stanley & Co. Incorporated, Attention:
555 California Street, Suite 2200, San Francisco, CA 94104. Any notices to be given to the
Authority under the Purchase Agreement shall be given in writing to the Authority,
1100 "K" Street, Suite 101, Sacramento, CA 95814, Attention: Secretary. Any notices to be
given to the Local Agency shall be given in writing to the address specified in Exhibit A.
Section 12. No Assi2:nment. The Purchase Agreement has been made by the
Local Agency and the Authority, and no person other than the Local Agency and the Authority
or their successors or assigns and the Underwriter shall acquire or have any right under or by
virtue of the Purchase Agreement. All of the representations, warranties and agreements
contained in the Purchase Agreement shall survive the delivery of and payment by the Authority
for the Note and any termination of the Purchase Agreement.
Section 13. Applicable Law. The Purchase Agreement shall be interpreted,
governed and enforced in accordance with the laws of the State of California.
Section 14. Effectiveness. The Purchase Agreement shall become effective
upon the execution hereof by the Authority and execution of the Pricing Confirmation by the
Local Agency, and the Purchase Agreement, including the Pricing Confirmation, shall be valid,
binding and enforceable from and after the time of such effectiveness.
Section 15. Severabilitv. In the event any provision of the Purchase
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision hereof.
Section 16. Headin2:s. Any headings preceding the text of several sections
hereof shall be solely for convenience of reference and shall not constitute a part of this
Agreement, nor shall they affect its meaning, construction or effect.
DOCS LA 1:244941.1 6
, Ii -/è)
Section 17. Execution in Counterparts. This Purchase Agreement may be
executed and entered into in several counterparts, each of which shall be deemed an original, and
all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Purchase Agreement
to be executed by their duly authorized representatives as of the Purchase Date set forth in Exhibit
A attached hereto and incorporated herein.
CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY
By:
Member of the Commission
of the Authority
DOCSLA 1:244941.1 7
II.¡ - II
EXHIBIT A
Pricing Confirmation Supplement
Local Agency: CITY OF CHULA VISTA
Pricing Information
Principal Amount of Note: $
Interest Rate on Note: - %
Re-Offering Yield: - %
Purchase Price - %
Default Rate: - %
Purchase Price: $ -
Less: Cost of Issuance: - % ( )
Credit Enhancement: - % ( )
Deposit to Note Proceeds Account: $
Important Dates
Resolution Date of Local Agency:
Purchase Date:
Closing Date:
Maturity Date:
Interest Payment Date(s):
Note Payment Deposit Date:
First Pledge Month Ending: $ -
Pledge Amount: - %
Pledge Percentage:
Second Pledge Month Ending: $ -
Pledge Amount: - %
Pledge Percentage:
Investment Agreement Information
GIC Provider
Long Term Ratings (S&P/Moody's)
Short Term Credit Ratings (S&P/Moody's)
Interest Rate on GIC - %
--
DOCSLAl:244941.1 A-I
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. By initialing the box at the end of this paragraph, the undersigned Local Agency
cenifies that, in connection with the issuance of the Note under the Resolution and after reasonable
inquiry, it is the reasonable expectation of the Local Agency that the aggregate amount of all
tax-exempt obligations (excluding private activity bonds) issued or to be issued by the Local
Agency during the 1998 calendar year, including the Note, all other notes and bonds, and all
tax-exempt leases, executed or delivered during the 1998 calendar year will not exceed $5,000,000
(See Section 3.8 of the Certificate of the Local Agency if the Local Agency is unable to make this
certification). 0
Investment Alternative - Initial the appropriate box relating to the investment of
proceeds received from the issuance and delivery of the Local Agency's Note:
Initial
One Box
Yes, the undersigned directs the Trustee to invest the
proceeds received from the issuance and delivery of the
Local Agency's Note in the Guaranteed Investment Yes 0
Contract described on page A-I. (Do not wire the
proceeds as previously directed in Section 4.7 of the
Certificate of the Local Agency.)
No, do not invest the proceeds received from the issuance
and delivery of the Local Agency's Note in the
Guaranteed Investment contract, wire the proceeds as
directed in Section 4.7 of the Certificate of the Local No 0
Agency. IN WITNESS WHEREOF, the Purchase Agreement, including this Pricing
Confirmation, is agreed and accepted to on the Purchase Date set forth above.
CITY OF CHULA VISTA
By:
Authorized Representative
. Please initial the box only if applicable to the Local Agency.
IX>CSLA 1:244941.1 A-2 ""- 13
RESOLUTION NO. /21975
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING AND APPROVING THE
BORROWING OF FUNDS FOR FISCAL YEAR 1998-1999;
THE ISSUANCE AND SALE OF A 1998-1999 TAX AND
REVENUE ANTICIPATION NOTE THEREFOR AND
PARTICIPATION IN THE CALIFORNIA COMMUNITIES
CASH FLOW FINANCING PROGRAM
WHEREAS, local agencies are authorized by section 53850
to 53858, both inclusive, of the Government Code of the State of
California (the "Act") (being Article 7.6, Chapter 4, Part 1,
Division 2, Title 5 of the Government Code) to borrow money by
the issuance of temporary notes; and
WHEREAS, the legislative body (the "Legislative Body")
of the local agency specified in Section 25 hereof (the "Local
Agency") has determined that a sum (the "Principal Amount"), not
to exceed the Maximum Amount of Borrowing specified in Section 25
hereof; which Principal Amount is to be confirmed and set in the
pricing confirmation (as defined in section 4 hereof), is needed
for the requirements of the Local Agency, to satisfy obligations
of the Local Agency, and that it is necessary that said Principal
Amount be borrowed for such purpose at this time by the issuance
of a note therefor in anticipation of the receipt of taxes,
Income, revenue, cash receipts and other moneys to be received by
the Local Agency for the general fund of the Local Agency
attributable to its fiscal year ending June 30, 1999 ("Fiscal
Year 1998-1999"); and
WHEREAS, the Local Agency hereby determines to borrow,
for the purposes set forth above, the Principal Amount by the
issuance of the Note (as hereinafter defined); and
WHEREAS, it appears, and this Legislative Body hereby
finds and determines, that the Principal Amount, when added to
the interest payable thereon, does not exceed eighty-five percent
(85%) of the estimated amount of the uncollected taxes, income,
revenue (including, but not limited to, revenue from the state
and federal governments), cash receipts and other moneys of the
Local Agency attributable to Fiscal Year 1998-1999 and available
for the payment of the principal of the Note and the interest
thereon; and
WHEREAS, no money has heretofore been borrowed by or on
behalf of the Local Agency through the issuance of tax
anticipation notes or temporary notes in anticipation of the
receipt of; or payable from or secured by taxes, income, revenue,
cash receipts or other moneys for Fiscal Year 1998-1999; and
WHEREAS, pursuant to section 53856 of the Act, certain
moneys which will be received by the Local Agency during and
/i/J~/
attributable to Fiscal Year 1998-1999 can be pledged
for the payment of the principal of the Note and the interest
thereon (as hereinafter provided); and
WHEREAS, the Local Agency has determined that it is in
the best interests of the Local Agency to participate in the
California Communities Cash Flow Financing Program (the
"Program"), whereby participating local agencies (collectively,
the "Issuers") will simultaneously issue tax and revenue
anticipation notes; and
WHEREAS, the Program requires the participating Issuers
to sell their tax and revenue anticipation notes to the
California Statewide Communities Development Authority (the
"Authority") pursuant to note purchase agreements (collectively,
"Purchase Agreements"), each between such individual Issuer and
the Authority, and dated as of the date of the Pricing
Confirmation, a form of which has been submitted to the
Legislative Body; and
WHEREAS, the Authority, in consultation with Sutro &
Co. Incorporated, as financial advisor for the Program (the
"Financial Advisor"), will form one or more pools of notes
(the "Pooled Notes") and assign each note to a particular pool
(the "Pool") and sell a series (the "Series") of bonds (the
"Bonds") secured by each Pool pursuant to an indenture (the
"Indenture") between the Authority and u.S. Trust Company of
California, N.A., as trustee (the "Trustee"), each Series
distinguished by whether or what type(s) of Credit Instrument(s)
(as hereinafter defined) secure(s) such Series, by the principal
amounts of the notes assigned to the Pool or by other factors,
and the Local Agency hereby acknowledges and approves the
discretion of the Authority to assign the Note to such Pool and
such Indenture as the Authority may determine; and
WHEREAS, as additional security for the owners of each
Series of Bonds, all or a portion of the payments by all of the
Issuers of the notes assigned to such Series mayor may not be
secured by virtue or in form of the Bonds, as indicated in the
Pricing Confirmation, being secured in whole or in part) by an
irrevocable letter (or letters) of credit or policy (or policies)
of insurance or proceeds of a separate bond issue issued for such
purpose (the "Reserve Fund") or other credit instrument (or
instruments) (collectively, the "Credit Instrument") issued by
the credit provider or credit providers designated in the
Indenture, as finally executed (collectively, the "Credit
Provider"), pursuant to a credit agreement or agreements or
commitment letter or letters or, in the case of the Reserve Fund,
an indenture (the "Reserve Indenture") (collectively, the "Credit
Agreement") between (i) in the case of an irrevocable letter (or
letters) of credit or policy (or policies) of insurance, the
Authority and the respective Credit Provider and (ii) in the
2
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case of the Reserve Fund, the Authority and U.S. Trust Company of
California, N.A., as trustee of the Reserve Indenture (the
"Reserve Trustee"); and
WHEREAS, if, as designated in the Pricing Confirmation,
the Credit Instrument is the Reserve Fund, bonds issued pursuant
to the Reserve Indenture (the "Reserve Bonds") may, as indicated
in the Pricing Confirmation, be secured by an irrevocable letter
of credit or policy of insurance or other credit instrument (the
"Reserve Credit Instrument") issued by the credit provider
identified in the Reserve Indenture as finally executed (the
"Reserve Credit Provider"), pursuant to a credit agreement or
commitment letter (the "Reserve Credit Agreement") identified
in the Reserve Indenture as finally executed, such Reserve Credit
Agreement being between the Authority and the Reserve Credit
Provider; and
WHEREAS, the net proceeds of the Note may be invested
by the Local Agency in Permitted Investments (as defined in the
Indenture) or in any other investment permitted by the laws of
the State of California, as now in effect and as hereafter
amended, modified or supplemented from time to time; and
WHEREAS, as part of the Program each participating
Issuer approves the Indenture, the alternative forms of Credit
Agreements, if any, and the alternative forms of Reserve Credit
Agreements, if any, in substantially the forms presented to the
Legislative Body, with the final form of Indenture, type of
Credit Instrument and corresponding Credit Agreement and type of
Reserve Credit Instrument and corresponding Reserve Credit
Agreement, if any, to be determined and approved by delivery of
the Pricing Confirmation; and
WHEREAS, pursuant to the Program each participating
Issuer will be responsible for its share of (a) the fees of the
Trustee and the costs of issuing the applicable Series of Bonds,
and (b), if applicable, the fees of the Credit Provider, the fees
of the Reserve Credit Provider (which shall be payable from,
among other sources, investment earnings on the Reserve Fund and
moneys in the Costs of Issuance Fund established and held under
the Indenture), the Issuer's allocable share of all Predefault
Obligations and the Issuers Reimbursement Obligations, if any
(each as defined in the Indenture); and
WHEREAS, pursuant to the Program each participating
Issuer will be responsible for its share of the fees of the
Reserve Trustee and the costs of issuing the applicable
Series of Reserve Bonds, all such costs and fees being payable
from the proceeds of the applicable Series of Bonds (or, with
respect to costs and fees of the Reserve Credit Provider, as
may otherwise be provided in the Reserve Indenture); and
3
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WHEREAS, pursuant to the Program, the underwriter will
submit an offer to the Authority to purchase, in the case of each
Pool of Notes, the Series of Bonds which will be secured by the
Indenture to which such Pool will be assigned; and
WHEREAS, it is necessary to engage the services of
certain professionals to assist the Local Agency in its
participation in the Program; and
NOW, THEREFORE, the City Council of the City of Chula
vista does hereby find, determine, declare and resolve as
follows:
Section 1. Recitals. This Legislative Body hereby
finds and determines that all the above recitals are true and
correct.
Section 2. Authorization of Issuance. This Legislative
Body hereby determines to borrow solely for the purpose of
anticipating taxes, income, revenue, cash receipts and other
moneys to be received by the Local Agency for the general fund of
the Local Agency attributable to Fiscal Year 1998-1999, by the
issuance of a note in the Principal Amount under Sections 53850
et seq. of the Act, designated the Local Agency's "1998-1999 Tax
and Revenue Anticipation Note" (the "Note"), to be issued in the
form of one fully registered note at the Principal Amount
thereof, to be dated the date of its delivery to the initial
purchaser thereof to mature (without option of prior redemption)
not more than fifteen months thereafter on a date indicated on
the face thereof and determined in the Pricing Confirmation (the
"Maturity Date"), and to be& interest, payable at maturity (and
if the maturity is more than twelve months from the date of
issuance, payable on the interim payment date set forth in the
Pricing Confirmation) and computed upon the basis of a 360-day
year consisting of twelve 30-day months, at a rate not to
exceed ten percent (10%) per annum as determined in the Pricing
Confirmation and indicated on the face of the Note (the "Note
Rate"). If the Series of Bonds issued in connection with the Note
is secured in whole or in part by a Credit Instrument or such
Credit Instrument (other than the Reserve Fund) secures the Note
in whole or in part and all principal of and interest on the Note
is not paid in full at maturity or if payment of principal of
and/or interest on the Note is paid (in whole or in part) by a
draw under, payment by or claim upon a Credit Instrument which
draw, payment or claim is not fully reimbursed on such date, such
Note shall become a Defaulted Note (as defined in the Indenture),
and the unpaid portion (including the interest component, if
applicable) thereof (or the portion (including the interest
component, if applicable) thereof with respect to which a Credit
Instrument applies for which reimbursement on a draw, payment or
claim has not been fully made) shall be deemed outstanding and
shall continue to bear interest thereafter until paid at the
4
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Default Rate (as defined in the Indenture). If the Credit
Instrument is the Reserve Fund and the Reserve Bonds issued to
fund the Reserve Fund are secured by the Reserve Credit
Instrument and a Drawing (as defined in the Indenture) pertaining
to the Note is not fully reimbursed by The Reserve Principal
Payment Date (as defined in the Indenture), such Note shall
become a Defaulted Reserve Note (as defined in The Indenture),
and the unpaid portion (including the interest component, if
applicable) thereof (or portion (including the interest
component, if applicable) with respect to which the Reserve Fund
applies for which reimbursement on a Drawing has not been fully
made) shall be deemed outstanding and shall continue to bear
interest thereafter until paid at the Default Rate. If the Note
or the Series of Bonds issued in connection with the Note is
unsecured in whole or in part and the Note is not fully paid at
maturity, the unpaid portion thereof (or the portion thereof to
which no Credit Instrument applies which is unpaid) shall be
deemed outstanding and shall continue to bear interest thereafter
until paid at the Default Rate. In each case set forth in the
preceding three sentences, the obligation of the Local Agency
with respect to such Defaulted Note or unpaid Note shall not be a
debt or liability of the Local Agency prohibited by Article XVI,
Section 18 of the California Constitution and the Local Agency
shall not be liable thereon except to the extent of any available
revenues attributable to Fiscal Year 1998-1999, as provided in
section 8 hereof. The percentage of the Note to which a Credit
Instrument, if any, applies (the "Secured Percentage") shall be
equal to the amount of the Credit Instrument divided by the
aggregate amount of unpaid principal of and interest on the
unpaid notes (or portions thereof) of all Issuers, expressed as a
percentage but not greater than 100%) as of the maturity date.
The percentage of the Note to which the Reserve Credit
Instrument, if any, applies (the 'Secured Reserve Percentage")
shall be equal to the amount of the Reserve Credit Instrument
divided by the aggregate amount of unpaid principal of and
interest on such unpaid notes (or portions thereof; including the
interest component, if applicable), expressed as a percentage but
not greater than 100%) as of the Reserve Principal Payment Date.
Both the principal of and interest on the Note shall be
payable in lawful money of the United States of America. The
principal of and interest on the Note at maturity shall be paid
upon surrender of the Note at the corporate trust office of us.
Trust Company of California, N.A in Los Angeles, California.
The Note shall be issued in conjunction with the note
or notes of one or more other Issuers as part of the Program and
within the meaning of section 53853 of the Act.
Section 3. Form of Note. The Note shall be issued in
fully registered form without coupons and shall be substantially
in the form and substance set forth in Exhibit A as attached
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hereto and by reference incorporated herein, the blanks in said
forms to be filled in with appropriate words and figures.
Section 4. Sale of Note; Delegation. The Note shall be
sold to the Authority pursuant to the Purchase Agreement. The
form of the Purchase Agreement, including the form of the pricing
confirmation supplement (the "pricing Confirmation") set forth as
Exhibit A thereto, presented to this meeting are hereby approved.
The authorized representatives set forth in Section 25 hereof
(the "Authorized Representatives") are each hereby authorized and
directed to execute and deliver the Purchase Agreement in
substantially said form, with such changes hereto as such
Authorized Representative shall approve, such approval to be
conclusively evidenced by his or her execution and delivery
thereof; provided, however, that the Purchase Agreement shall not
be effective and binding on the Local Agency until the execution
and delivery of the Pricing Confirmation. The Authorized
Representatives are each hereby further authorized and directed
to execute and deliver the pricing Confirmation in substantially
said form, with such changes thereto as such Authorized
Representative shall approve, such approval to be conclusively
evidenced by his or her execution and delivery thereof; provided,
however, that the interest rate on the Note shall not exceed ten
percent (10%) per annum, the discount on the Note, when added to
the Local Agency's share of the costs of issuance of the Bonds,
shall not exceed one percent (1.0%), and the Principal Amount
shall not exceed the Maximum Amount of Borrowing. Delivery of an
executed copy of the pricing Confirmation by fax or telecopy
shall be deemed effective execution and delivery for all
purposes.
Section 5. Program Approval. The Pricing Confirmation
shall indicate whether and what type of Credit Instrument and, if
applicable, Reserve Credit Instrument will apply.
The forms of Indenture, alternative general types and
forms of Credit Agreements, if any, and alternative general types
and forms of Reserve Credit Agreements, if any, presented to this
meeting are hereby acknowledged, and it is acknowledged that the
Authority will execute and deliver the Indenture, one or more
Credit Agreements, if applicable, and one or more Reserve Credit
Agreements, if applicable, which shall be identified in the
Pricing Confirmation, in substantially one or more of said forms
with such changes therein as the Authorized Representative who
executes the Pricing Confirmation shall require or approve
(substantially final forms of the Indenture, the Credit Agreement
and, if applicable, the Reserve Credit Agreement are to be
delivered to the Authorized Representative concurrent with the
Pricing confirmation), such approval of the Authorized
Representative and this Legislative Body to be conclusively
evidenced by the execution of the pricing Confirmation. If the
Credit Agreement identified in the Pricing Confirmation is the
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Reserve Indenture, it is acknowledged that the Authority will
issue the Reserve Bonds pursuant to and as provided in the
Reserve Indenture as finally executed.
Anyone of the Authorized Representatives of the Local
Agency is hereby authorized and directed to provide the Financial
Advisor or the underwriter with such information relating to the
Local Agency as the Financial Advisor or the underwriter shall
reasonably request for inclusion in the Preliminary Official
statement and Official statement of the Authority. Upon
inclusion of the information relating to the Local Agency
therein, the Preliminary Official statement and Official
statement or such other offering document is, except
for certain omissions permitted by Rule 15c2-12 of the Securities
Exchange Act of 1934, as amended (the "Rule"), hereby deemed
final within the meaning of the Rule with respect to the
Local Agency and any Authorized Representative of the Local
Agency is authorized to execute a certificate to such effect. If,
at any time prior to the end of the underwriting period, as
defined in the Rule, any event occurs as a result of which the
information contained in the Preliminary Official statement or
other offering document relating to the Local Agency might
include an untrue statement of a material fact or omit to state
any material fact necessary to make the statements therein, in
light of the circumstances under which they were made, not
misleading, the Local Agency shall promptly notify the Financial
Advisor and the underwriter.
Subject to section 8 hereof, the Local Agency hereby
agrees that if the Note shall become a Defaulted Note, the unpaid
portion (including the interest component, if applicable) thereof
or the portion (including the interest component, if applicable)
to which a Credit Instrument applies for which full reimbursement
on a draw, payment or claim has not been made by the Maturity
Date shall be deemed outstanding and shall not be deemed to be
paid until (i) any Credit Provider providing a Credit Instrument
with respect to the Note or the Series of Bonds issued in
connection with the Note, has been reimbursed for any drawings,
payments or claims made under or from the Credit Instrument with
respect to the Note, including interest accrued thereon, as
provided therein and in the applicable Credit Agreement, and,
(ii) the holders of the Note, or Series of the Bonds issued in
connection with the Note, are paid the full principal amount
represented by the unsecured portion of the Note plus interest
accrued thereon (calculated at the Default Rate) to the date of
deposit of such aggregate required amount with the Trustee. For
purposes of clause (ii) of the preceding sentence, holders of the
Series of Bonds will be deemed to have received such principal
amount upon deposit of such moneys with the Trustee.
Subject to Section 8 hereof, the Local Agency hereby
agrees that if the Note shall become a Defaulted Reserve Note,
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the unpaid portion (including the interest component, if
applicable) thereof or the portion (including the interest
component, if applicable) to which a Reserve Credit Instrument,
if any, applies for which full reimbursement on a Drawing has not
been made by the Reserve Principal Payment Date shall be deemed
outstanding and shall not be deemed paid until (i) any Reserve
Credit Provider providing a Reserve Credit Instrument with
respect to the Reserve Bonds (against the Reserve Fund of which
such Drawing was made) has been reimbursed for any Drawing or
payment made under the Reserve Credit Instrument with respect to
the Note, including interest accrued thereon, as provided therein
and in the Reserve Credit Agreement, and (ii) the holders of the
Note, or Series of Bonds issued in connection with the Note, are
paid the full principal amount represented by the unsecured
portion of the Note plus interest accrued thereon (calculated at
the Default Rate) to the date of deposit of such aggregate
required amount with the Trustee. For the purposes of clause
(ii) of the preceding sentence, holders of the Series of Bonds
will be deemed to have received such principal amount upon
deposit of such moneys with the Trustee.
The Local Agency agrees to payor cause to be paid, in
addition to the amounts payable under the Note, any fees or
expenses of the Trustee and, to the extent permitted by law,
if the Local Agency's Note is secured in whole or in part by a
Credit Instrument and, if applicable, a Reserve Credit Instrument
by virtue of the fact that the Series of Bonds is secured by a
Credit Instrument and, if applicable, Reserve Bonds are secured
by a Reserve Credit Instrument), any Predefault Obligations and
Reimbursement Obligations (to the extent not payable under the
Note), (i) arising out of an "Event of Default" hereunder (or
pursuant to Section 7 hereof) or (ii) arising out of any other
event (other than an event arising solely as a result of or
otherwise attributable to a default by any other Issuer). In the
case described in (ii) above with respect to Predefault
Obligations, the Local Agency shall owe only the percentage of
such fees, expenses and Predefault Obligations equal to the ratio
of the principal amount of its Note over the aggregate principal
amounts of all notes, including the Note, of the Series of which
the Note is a part, at the time of original issuance of such
Series. Such additional amounts will be paid by the Local Agency
within twenty-five (25) days of receipt by the Local Agency of a
bill therefor from the Trustee.
Section 6. No Joint Obligation. The Note will be
issued in conjunction with a note or notes of one or more other
Issuers, assigned to secure a Series of Bonds. In all cases,
the obligation of the Local Agency to make payments on or in
respect to its Note is a several and not a joint obligation and
is strictly limited to the Local Agency's repayment obligation
under this Resolution and the Note.
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Section 7. Disposition of Proceeds of Note. A portion
of the moneys received from the sale of the Note in an amount
equal to the Local Agency's share of the costs of issuance (which
shall include any fees and expenses in connection with any Credit
Instrument (and the Reserve Credit Instrument, if any) applicable
to the Note or Series of Bonds and the corresponding Reserve
Bonds, if any) shall be deposited in the Costs of Issuance Fund
held and invested by the Trustee under the Indenture and expended
as directed by the Authority on costs of issuance as provided in
the Indenture. The balance of the moneys received from the sale
of the Note to the Authority shall be deposited in the Local
Agency's Proceeds Subaccount hereby authorized to be created
pursuant to, and held and invested by the Trustee under, the
Indenture for the Local Agency and said moneys may be used and
expended by the Local Agency for any purpose for which it is
authorized to use and expend moneys, upon requisition from the
Proceeds Subaccount as specified in the Indenture. Amounts in the
Proceeds Subaccount are hereby pledged to the payment of the
Note. The Trustee will not create sub accounts within the
Proceeds Fund, but will keep records to account separately for
proceeds of the Bonds allocable to the Local Agency's Note on
deposit in the Proceeds Fund which shall constitute the Local
Agency's Proceeds Subaccount.
Section 8. Source of Payment.
(A) The principal amount of the Note, together
with the interest thereon, shall be payable from taxes, income,
revenue (including, but not limited to, revenue from the state
and federal governments), cash receipts and other moneys which
are received by the Local Agency for the general fund of the
Local Agency and are attributable to Fiscal Year 1998-1999 and
which are available for payment thereof. As security for the
payment of the principal of and interest on the Note, the Local
Agency hereby pledges certain unrestricted revenues (as
hereinafter provided, the "Pledged Revenues") which are received
by the Local Agency for the general fund of the Local Agency and
are attributable to Fiscal Year 1998-1999, and the Principal of
the Note and the interest thereon shall constitute a first lien
and charge thereon and shall be payable from the first moneys
received by the Local Agency from such Pledged Revenues, and, to
the extent not so paid, shall be paid from any other taxes,
income, revenue, cash receipts and other moneys of the Local
Agency lawfully available therefor (all as provided for in
Sections 53856 and 53857 of the Act). The term "unrestricted
revenues" shall mean all taxes, income, revenue (including, but
not limited to, revenue from the state and federal governments),
cash receipts, and other moneys, intended as receipts for the
general fund of the Local Agency attributable to Fiscal Year
1998-1999 and which are generally available for the payment of
current expenses and other obligations of the Local Agency. The
Noteholders, Bondholders, Credit Provider and, if applicable, the
9
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Reserve Credit Provider shall have a first lien and charge on
such certain unrestricted revenues as hereinafter provided which
are received by the Local Agency and are attributable to Fiscal
Year 1998-1999.
In order to effect the pledge referenced in the
preceding paragraph, the Local Agency hereby agrees and covenants
to establish and maintain a special account within the Local
Agency's general fund to be designated the "1998-1999 Tax and
Revenue Anticipation Note Payment Account" (the "Payment
Account") and further agrees and covenants to maintain the
Payment Account until the payment of the principal of the Note
and the interest thereon. Notwithstanding the foregoing, if the
Local Agency elects to have Note proceeds invested in Permitted
Investments to be held by the Trustee pursuant to the Pricing
Confirmation a subaccount of the Payment Account (the "Payment
Subaccount") shall be established for the Local Agency under the
Indenture and proceeds credited to such account shall be pledged
to the payment of the Note. The Trustee need not create a
subaccount, but may keep a record to account separately for
proceeds of the Note so held and invested by the Trustee which
record shall constitute the Local Agency's Proceeds Subaccount.
Transfers from the Payment Subaccount shall be made in accordance
with the Indenture. The Local Agency agrees to transfer to and
deposit in the Payment Account the first amounts received in the
months specified in the Pricing Confirmation as Repayment Months
(each individual month a "Repayment Month" and collectively
"Repayment Months") (and any amounts received thereafter
attributable to Fiscal Year 1998-1999) until the amount on
deposit in the Payment Account, together with the amount, if any,
on deposit in the Payment Subaccount, is equal in the respective
Repayment Months identified in the pricing Confirmation to the
percentage of the principal and interest due on the Note
specified in the pricing Confirmation. In mailing such transfer
and deposit, the Local Agency shall not be required to physically
segregate the amounts to be transferred to and deposited in the
Payment Account from the Local Agency's other general fund
moneys, but, notwithstanding any commingling of funds for
investment or other purposes, the amounts required to be
transferred to and deposited in the Payment Account shall
nevertheless be subject to the lien and charge created herein.
Anyone of the Authorized Representatives of the Local
Agency is hereby authorized to approve the determination of the
Repayment Months and percentages of the principal and interest
due on the Note required to be on deposit in the Payment Account
and]or the Payment Subaccount in each Repayment Month, all as
specified in the pricing Confirmation, by executing and
delivering the Pricing Confirmation, such execution
and delivery to be conclusive evidence of approval by this
Legislative Body and such Authorized Representative; provided,
however, that the maximum number of Repayment Months shall be six
and the maximum amount of Pledged Revenues required to be
10
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deposited in each Repayment Month shall not exceed fifty percent
(50%) of the aggregate principal and interest due on the
Note. In the event on the day in each such Repayment Month that a
deposit to the Payment Account is required to be made, the Local
Agency has not received sufficient unrestricted revenues to
permit the deposit into the Payment Account of the full amount of
Pledged Revenues to be deposited in the Payment Account from said
unrestricted revenues in said month, then the amount of any
deficiency shall be satisfied and made up from any other moneys
of the Local Agency lawfully available for the payment of the
principal of the Note and the interest thereon, as and when such
other moneys are received or are otherwise legally available.
(B) Any moneys placed in the Payment Account or the
Payment Subaccount shall be for the benefit of (i) the holder of
the Note and the holders of Bonds issued in connection with the
Notes, (ii) (to the extent provided in the Indenture) the Credit
Provider, if any, and (iii) (to the extent provided in the
Indenture and, if applicable, the Credit Agreement) the Reserve
Credit Provider, if any. The moneys in the Payment Account and
the Payment Subaccount shall be applied only for the purposes for
which such Accounts are created until the principal of the
Note and all interest thereon are paid or until provision has
been made for the payment of the principal of the Note at
maturity with interest to maturity (in accordance with the
requirements for defeasance of the Bonds as set forth in the
Indenture) and, if applicable, (to the extent provided in the
Indenture and, if applicable, the Credit Agreement) the payment
of all Predefault Obligations and Reimbursement Obligations owing
to the Credit Provider and, if applicable, the Reserve Credit
Provider.
(C) The Local Agency hereby directs the Trustee to
transfer on the Note Payment Deposit Date (as defined in the
Indenture), any moneys in the Payment Subaccount to the Bond
Payment Fund (as defined in the Indenture). In addition, on the
Note Payment Deposit Date, the moneys in the Payment Account
shall be transferred by the Local Agency to the Trustee, to the
extent necessary (after crediting any transfer pursuant to the
preceding sentence), to pay the principal of and/or interest on
the Note or to reimburse the Credit Provider for payments made
under or pursuant to the Credit Instrument. In the event that
moneys in the Payment Account and/or the Payment Subaccount are
insufficient to pay the principal of and interest on the Note in
full when due, such moneys shall be applied in the following
priority: first to pay interest on the Note; second to pay
principal of the Note; third to reimburse the Credit Provider for
payment, if any, of interest with respect to The Note; fourth to
reimburse the Credit Provider for payment, if any, of principal
with respect to the Note; fifth to reimburse the Reserve Credit
Provider, if any, for payment, if any, of interest with respect
to the Note; sixth to reimburse the Reserve Credit Provider, if
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any, for payment, if any, of principal with respect to the Note;
and seventh to pay any Reimbursement Obligations of the Local
Agency and any of the Local Agency's pro rata share of Predefault
Obligations owing to the Credit Provider and Reserve Credit
Provider (if any) as applicable. Any moneys remaining in or
accruing to the Payment Account and/or the Payment Subaccount
after the principal of the Note and the interest thereon and any
Predefault Obligations and Reimbursement Obligations, if
applicable, have been paid, or provision for such payment has
been made, shall be transferred to the general fund of the
Local Agency, subject to any other disposition required by the
Indenture, or, if applicable, the Credit Agreement. Nothing
herein shall be deemed to relieve the Local Agency from its
obligation to pay its Note in full on the Maturity Date.
(D) Moneys in the Proceeds Subaccount and in the
Payment Subaccount shall be invested by the Trustee pursuant to
the Indenture as directed by the Local Agency in Permitted
Investments as described in and under the terms of the Indenture.
Any such investment by the Trustee shall be for the account and
risk of the Local Agency, and the Local Agency shall not be
deemed to be relieved of any of its obligations with respect to
The Note, the Predefault Obligations or Reimbursement
Obligations, if any, by reason of such investment of
the moneys in its Proceeds Subaccount or the Payment Subaccount.
(E) At the written request of the Credit Provider, if
any, or the Reserve Credit Provider, if any, the Local Agency
shall, within ten (10) Business Days following the receipt of
such written request, file such report or reports to evidence the
transfer to and deposit in the Payment Account required by this
Section 8 and provide such additional financial information as
may be required by the Credit Provider, if any, or the Reserve
Credit Provider, if any.
section 9. Execution of Note. Anyone of the
Authorized Representatives of the Local Agency or any other
officer designated by the Legislative Body shall be authorized to
execute the Note by manual or facsimile signature and the
Secretary or Clerk of the Legislative Body of the Local Agency,
or any duly appointed assistant thereto, shall be authorized to
countersign the Note by manual or facsimile signature Said
Authorized Representative of the Local Agency, is hereby
authorized to cause the blank spaces of the Note to be filled in
as may be appropriate pursuant to the Pricing Confirmation. The
Authorized Representative is hereby authorized and directed to
cause the Authority to assign the Note to the Trustee, pursuant
to the terms and conditions of the Purchase Agreement, this
Resolution and the Indenture. In case any Authorized
Representative whose signature shall appear on any Note shall
cease to be an Authorized Representative before the delivery of
such Note, such signature shall nevertheless be valid and
12
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sufficient for all purposes, the same as If such officer had
remained in office until delivery. The Note need not bear the
seal of the Local Agency, if any.
section 10. Intentionally Left Blink. This section has
been included to preserve the sequence of section numbers for
cross-referencing purposes.
Section 11. Representations and Covenants of the Local
Agency.
The Local Agency makes the following representations
for the benefit of the holder of the Note, the owners of the
Bonds, the Credit Provider, if any, and the Reserve Credit
Provider, if any:
(A) The Local Agency is duly organized and existing
under and by virtue of the laws of the state of California and
has all necessary power and authority to (i) adopt this
Resolution and perform its obligations thereunder, (ii) enter
into and perform its obligations under the Purchase Agreement,
and (iii) issue the Note and perform its obligations thereunder.
(B) (i) Upon the issuance of the Note, the Local
Agency shall have taken all action required to be taken by it to
authorize the issuance and delivery of the Note and the
performance of its obligations thereunder, and (ii) the Local
Agency has full legal right, power and authority to issue and
deliver the Note.
(C) The issuance of the Note, the adoption of the
Resolution and the execution and delivery of the Purchase
Agreement, and compliance with the provisions hereof and thereof
do not conflict with, breach or violate any law, administrative
regulation, court decree, resolution, charter, by-laws or other
agreement to which the Local Agency is subject or by which
it is bound.
(D) Except as may be required under blue sky or other
securities laws of any state or Section 3(a) (2) of the Securities
Act of 1933, there is no consent, approval, authorization
or other order of, or filing with, or certification by, any
regulatory authority having jurisdiction over the Local Agency
required for the issuance and sale of the Note or the
consummation by The Local Agency of the other transactions
contemplated by this Resolution, except those the Local
Agency shall obtain or perform prior to or upon the issuance of
the Note.
(E) The Local Agency has (or will have prior to the
issuance of the Note) duly, regularly and properly adopted a
preliminary budget for Fiscal Year 1998-1999 setting forth
13
/'//9 ~ /5
expected revenues and expenditures and has complied with all
statutory and regulatory requirements with respect to the
adoption of such budget. The Local Agency hereby covenants
that it shall (i) duly, regularly and properly prepare and adopt
its final budget for Fiscal Year 1998-1999, (ii) provide to the
Trustee, the Credit Provider, if any, the Reserve Credit
Provider, if any, and the Financial Advisor and the underwriter,
promptly upon adoption, copies of such final budget and of any
subsequent revisions, modifications or amendments thereto and
(iii) comply with all applicable laws pertaining to its budget.
(F) The sum of the principal amount of the Local
Agency's Note plus the interest payable thereon, on the date of
its issuance, shall not exceed fifty percent (50%) of the
estimated amounts of the Local Agency's uncollected taxes,
income, revenue (including, but not limited to, revenue from the
state and federal governments), cash receipts, and other moneys
to be received by the Local Agency for the general fund of the
Local Agency attributable to Fiscal Year 1998-1999, all of which
will be legally available to pay principal of and interest on the
Note.
(G) The Local Agency (i) has not defaulted within
the past twenty (20) years, and is not currently in default, on
any debt obligation and (ii), to the best knowledge of the Local
Agency, has never defaulted on any debt obligation.
(H) The Local Agency's most recent audited financial
statements present fairly the financial condition of the Local
Agency as of the date thereof and the results of operation for
the period covered thereby. Except as has been disclosed to the
Financial Advisor and the underwriter, the Credit Provider, if
any, and the Reserve Credit Provider, if any, there has been
no change in the financial condition of the Local Agency since
the date of such audited financial statements that will in the
reasonable opinion of the Local Agency materially impair its
ability to perform its obligations under this Resolution and the
Note The Local Agency agrees to furnish to the Authority, the
Financial Advisor, the underwriter, the Trustee, the Credit
Provider, if any, and the Reserve Credit Provider, if any,
promptly, from time to time, such information regarding
the operations, financial condition and property of the Local
Agency as such party may reasonably request.
(I) There is no action, suit, proceeding, inquiry or
investigation, at law or in equity, before or by any court,
arbitrator, governmental or other board, body or official,
pending or, to the best knowledge of the Local Agency, threatened
against or affecting the Local Agency questioning the validity of
any proceeding taken or to be taken by the Local Agency in
connection with the Note, the Purchase Agreement, the Indenture,
the Credit Agreement, if any, the Reserve Credit Agreement, if
14
J£j~//Y
any, or this Resolution, or seeking to prohibit, restrain or
enjoin the execution, delivery or performance by the Local Agency
of any of the foregoing, or wherein an unfavorable decision,
ruling or finding would have a materially adverse effect on the
Local Agency's financial condition or results of operations or on
the ability of the Local Agency to conduct its activities as
presently conducted or as proposed or contemplated to be
conducted, or would materially adversely affect the validity or
enforceability of; or the authority or ability of the Local
Agency to perform its obligations under; the Note, the Purchase
Agreement, the Indenture, the Credit Agreement, if any, the
Reserve Credit Agreement, if any, or this Resolution.
(J) Upon issuance of the Note and execution of the
Purchase Contract, this Resolution, the Purchase Contract and the
Note will constitute legal, valid and binding agreements of the
Local Agency, enforceable in accordance with their respective
terms, except as such enforceability may be limited by bankruptcy
or other laws affecting creditors' rights generally, the
application of equitable principles if equitable remedies are
sought, the exercise of judicial discretion in appropriate cases
and the limitations on legal remedies against local agencies, as
applicable, in the state of California.
(K) The Local Agency and its appropriate officials
have duly taken, or will take, all proceedings necessary to be
taken by them, if any, for the levy, receipt, collection and
enforcement of the Pledged Revenues in accordance with law for
carrying out the provisions of this Resolution and the Note.
(L) The Local Agency shall not incur any indebtedness
secured by a pledge of its Pledged Revenues unless such pledge is
subordinate in all respects to the pledge of Pledged Revenues
hereunder.
(M) So long as the Credit Provider, if any, is not in
payment default under the Credit Instrument or the Reserve Credit
Provider, if any, is not in default under the corresponding
Reserve Credit Agreement, the Local Agency hereby agrees to pay
its pro rata share of all Predefault Obligations and all
Reimbursement Obligations attributable to the Local Agency in
accordance with provisions of the Credit Agreement, if any, the
Reserve Credit Agreement, if any, and/or the Indenture, as
applicable. Prior to the Maturity Date, moneys in the
Local Agency's Payment Account and/or Payment Subaccount shall
not be used to make such payments. The Local Agency shall pay
such amounts promptly upon receipt of notice from the
Credit Provider or from the Reserve Credit Provider, if
applicable, that such amounts are due to it.
(N) So long as any Bonds issued in connection with
the Notes are Outstanding, or any Predefault Obligation or
15
/L}/l//þ'
Reimbursement Obligation is outstanding, the Local Agency will
not create or suffer to be created any pledge of or lien on the
Note other than the pledge and lien of the Indenture.
Section 12. Tax Covenants. (A) The Local Agency shall
not take any action or fail to take any action if such action or
failure to take such action would adversely affect the exclusion
from gross income of the interest payable on the Note or Bonds
under Section 103 of the Internal Revenue Code of 1986 (the
"Code"). without limiting the generality of the foregoing, the
Local Agency shall not make any use of the proceeds of the Note
or Bonds or any other funds of the Local Agency which would cause
the Note or Bonds to be an "arbitrage bond" within the meaning of
Section 148 of the Code, a "private activity bond" within the
meaning of Section 141(a) of the Code, or an obligation the
interest on which is subject to federal income taxation because
it is "federally guaranteed" as provided in Section 149(b) of the
Code. The Local Agency, with respect to the proceeds of the Note,
will comply with all requirements of such sections of the Code
and all regulations of the United States Department of the
Treasury issued or applicable thereunder to the extent that such
requirements are, at the time, applicable and in effect.
(B) The Local Agency hereby (i) represents that the
aggregate face amount of all tax-exempt obligations (including
any tax-exempt leases, but excluding private activity
bonds), issued and to be issued by the Local Agency during
calendar year 1998, including the Note, is not reasonably
expected to exceed $5,000,000; or (ii) covenants that the Local
Agency will take all legally permissible steps necessary to
ensure that all of the gross proceeds of the Note will be
expended no later than the day that is six months after the date
of issuance of the Note so as to satisfy the requirements of
Section 148 (f) (4) (B) of the Code.
(C) Notwithstanding any other provision of this
Resolution to the contrary; upon the Local Agency's failure to
observe, or refusal to comply with, the covenants contained in
this Section 12, no one other than the holders or former holders
of the Note, the owners of the Bond, the Credit Provider, if any,
the Reserve Credit Provider, if any, or the Trustee on their
behalf shall be entitled to exercise any right or remedy under
this Resolution on the basis of the Local Agency's failure to
observe, or refusal to comply with, such covenants.
(D) The covenants contained in this Section 12 shall
survive the payment of the Note.
Section 13. Events of Default and Remedies
If any of the following events occurs, it is hereby
defined as and declared to be and to constitute an "Event of
16
/L//J-/?
Default":
(A) Failure by the Local Agency to make or cause to
be made the transfers and deposits to the Payment Account, or any
other payment required to be paid hereunder, including payment of
principal and interest on the Note, on or before the date on
which such transfer, deposit or other payment is due and payable;
(B) Failure by the Local Agency to observe and perform
any covenant, condition or agreement on its part to be observed
or performed under this Resolution, for a period of fifteen (15)
days after written notice, specifying such failure and requesting
that it be remedied, is given to the Local Agency by the Trustee,
the Credit Provider, if applicable, or the Reserve Credit
Provider, if applicable, unless the Trustee and the Credit
Provider or the Reserve Credit Provider, if applicable, shall all
agree in writing to an extension of such time prior to its
expiration;
(C) Any warranty, representation or other statement
by or on behalf of the Local Agency contained in this Resolution
or the Purchase Agreement (including the Pricing Confirmation) or
in any requisition or any financial report delivered by the.
Local Agency or in any instrument furnished in compliance with or
in reference to this Resolution or the Purchase Agreement or in
connection with the Note, is false or misleading in any material
respect;
(D) A petition is filed against the Local Agency under
any bankruptcy, reorganization, arrangement, insolvency,
readjustment of debt, dissolution or liquidation law of
any jurisdiction, whether now or hereafter in effect and is not
dismissed within 30 days after such filing, but the Trustee shall
have the right to intervene in the proceedings prior to the
expiration of such thirty (30) days to protect its and the Bond
Owners (or Noteholders') interests;
(E) The Local Agency files a petition in voluntary
bankruptcy or seeking relief under any provision of any
bankruptcy, reorganization, arrangement, insolvency,
readjustment of debt, dissolution or liquidation law of any
jurisdiction, whether now or hereafter in effect, or consents to
the filing of any petition against it under such law; or
(F) The Local Agency admits insolvency or bankruptcy
or is generally not paying its debts as such debts become due, or
becomes insolvent or bankrupt or makes an assignment for the
benefit of creditors, or a custodian (including without
limitation a receiver, liquidator or trustee) of the Local Agency
or any of its property is appointed by court order or
takes possession thereof and such order remains in effect or such
possession continues for more than 30 days, but the Trustee shall
17
/~~~//?
have the right to intervene in the proceedings prior to the
expiration of such thirty (30) days to protect its and the Bond
Owners' or Noteholders' interests.
Whenever any event of Default referred to in this
Section 13 shall have happened and be continuing, the Trustee, as
holder of the Note, shall, in addition to any other remedies
provided herein or by law or under the indenture, if applicable,
have the right, at its option without any further demand or
notice, to take one or any combination of the following remedial
steps:
(1) Without declaring the Note to be immediately due
and payable, require the Local Agency to pay to the Trustee, as
holder of the Note, an amount equal to the principal of the
Note and interest thereon to maturity, plus all other amounts due
hereunder, and upon notice to the Local Agency the same shall
become immediately due and payable by the Local Agency
without further notice or demand; and
(2) Take whatever other action at law or in equity
(except for acceleration of payment on the Note) which may appear
necessary or desirable to collect the amounts then due
and thereafter to become due hereunder and under the Note or to
enforce any other of its rights hereunder.
Notwithstanding the foregoing, if the Local Agency's
Note is secured in whole or in part by a Credit Instrument (other
than the Reserve Fund) or if the Credit Provider is subrogated to
rights under the Local Agency's Note, as long as the Credit
Provider has not failed to comply with its payment obligations
under the Credit Instrument, the Credit Provider shall
have the right to direct the remedies upon any Event of Default
hereunder, and, not withstanding the foregoing, if a Reserve
Credit Instrument is applicable, as long as the Reserve Credit
Provider has not failed to comply with its payment obligations
under the Reserve Credit Agreement, the Reserve Credit Provider
shall have the right prior to the Credit Provider) to
direct the remedies upon any Event of Default hereunder, in each
case so long as such action will not materially adversely affect
the rights of any Bond Owner, and the Credit Provider's and
Reserve Credit Provider's (if any) prior consent shall be
required to any remedial action proposed to be taken by the
Trustee hereunder.
If the Credit Provider is not reimbursed for any
drawing, payment or claim, as applicable, used to pay principal
of and interest on the Note due to a default in payment on the
Note by the Local Agency, or if any principal of or interest on
the Note remains unpaid after the Maturity Date, the Note shall
be a Defaulted Note, the unpaid portion (including the interest
component, if applicable) thereof or the portion (including the
18
J;¡~ "/ 7
interest component, if applicable) to which a Credit Instrument
applies for which reimbursement on a draw, payment or claim has
not been made shall be deemed outstanding and shall bear interest
at the Default Rate until the Local Agency's obligation on the
Defaulted Note is paid in full or payment is duly provided for,
all subject to Section 8 hereof.
If the Credit Instrument is the Reserve Fund and the
Reserve Bonds are secured by the Reserve Credit Instrument and
all principal of and interest on the Note is not paid in full
by the Reserve Principal Payment Date, the Defaulted Note shall
become a Defaulted Reserve Note and the unpaid portion (including
the interest component, if applicable) thereof (or the portion
thereof with respect to which the Reserve Fund applies for which
reimbursement on a Drawing has not been fully made) shall be
deemed outstanding and shall bear interest at the Default Rate
until the Local Agency's obligation on the Defaulted Reserve Note
is paid in full or payment is duly provided for, all subject to
Section 8 hereof.
Section 14. Trustee. The Local Agency hereby directs
and authorizes the payment by the Trustee of the interest on and
principal of the Note when such become due and payable, from
amounts received by the Trustee from the Local Agency in the
manner set forth herein. The Local Agency hereby Covenants to
deposit funds in such account or fund, as applicable, at the time
and in the amount Specified herein to provide sufficient moneys
to pay the principal of and interest on the Note on the Note
Payment Deposit Date. Payment of the Note shall be in accordance
with the terms of the Note and this Resolution.
Section 15. Sale of Note. The Note shall be sold to the
Authority, in accordance with the terms of the Purchase
Agreement, hereinbefore approved, and issued payable to the
Trustee, as assignee of the Authority.
Section 16. Intentionally Left Blank. This section has
been included to preserve the sequence of section numbers for
cross-referencing purposes.
Section 17. Approval of Actions. The aforementioned
Authorized Representatives of the Local Agency are hereby
authorized and directed to execute the Note and cause the Trustee
to accept delivery of the Note, pursuant to the terms and
conditions of the Purchase Agreement and the Indenture. Mi
actions heretofore taken by the officers and agents of the Local
Agency or this Legislative Body with respect to the sale and
issuance of the Note and participation in the Program are hereby
approved, confirmed and ratified and the Authorized
Representatives and agents of the Local Agency are hereby
authorized and directed, for and in the name and on behalf of the
Local Agency, to do any and all things and take any and all
19
/~/!1/r;
actions and execute any and all certificates, agreements and
other documents which they, or any of them, may deem necessary or
advisable in order to consummate the lawful issuance and delivery
of the Note in accordance with, and related transactions
contemplated by, this Resolution. The Authorized Representatives
of the Local Agency referred to above in section 4 hereof are
hereby designated as "Authorized Local Agency Representatives"
under the Indenture.
In the event that the Note or a portion thereof is
secured by a Credit Instrument, anyone of the Authorized
Representatives of the Local Agency is hereby authorized and
directed to provide the Credit Provider and, if applicable, the
Reserve Credit Provider, with any and all information relating to
the Local Agency as such Credit Provider or Reserve Credit
Provider may reasonably request.
section 18. Proceedings Constitute Contract. The
provisions of the Note and of this Resolution shall constitute a
contract between the Local Agency and the registered owner of the
Note, and such provisions shall be enforceable by mandamus or any
other appropriate suit, action or proceeding at law or in equity
in any court of competent jurisdiction, and shall be
irrepealable. The Credit Provider, if any, and the Reserve
Credit Provider, if any, are third party beneficiaries of the
provisions of this Resolution and the Note.
Section 19. Limited Liability. Notwithstanding
anything to the contrary contained herein or in the Note or in
any other document mentioned herein or related to the Note
or to any Series of Bonds to which the Note may be assigned, the
Local Agency shall not have any liability hereunder or by reason
hereof or in connection with the transactions contemplated
hereby except to the extent payable from moneys available
therefor as set forth in Section 8 hereof.
Section 20. Amendments. At any time or from time to
time, the Local Agency may adopt one or more Supplemental
Resolutions with the written consents of the Authority, the
Credit Provider, if any, and the Reserve Credit Provider, if any,
but without the necessity for consent of the owner of the Note or
of the Bonds issued in connection with the Note for anyone or
more of the following purposes:
(A) to add to the covenants and agreements of the
Local Agency in this Resolution, other covenants and agreements
to be observed by the Local Agency which are not contrary to or
inconsistent with this Resolution as theretofore in effect;
(B) to add to the limitations and restrictions in
this Resolution, other limitations and restrictions to be
observed by the Local Agency which are not contrary to or
20
/'/â-;¿o
inconsistent with this Resolution as theretofore in effect;
(C) to confirm, as further assurance, any pledge
under, and the subjection to any lien or pledge created or to be
created by, this Resolution, of any monies, securities or funds,
or to establish any additional funds or accounts to be held under
this Resolution;
(D) to cure any ambiguity, supply any omission, or
cure or correct any defect or inconsistent provision in this
Resolution; or
(E) to amend or supplement this Resolution in any
other respect;
provided, however, that any such Supplemental Resolution does not
adversely affect the interests of the owners of the Note or of
the Bonds issued in connection with the Notes.
Any modifications or amendment of this Resolution
and of the rights and obligations of the Local Agency and of the
owner of the Note or of the Bonds issued in connection with the
Note may be made by a Supplemental Resolution, with the written
consents of the Authority, the Credit Provider, if any, and the
Reserve Credit Provider, if any, and with the written consent of
the owners of at least a majority in principal amount of the Note
and of the Bonds issued in connection with the Note outstanding
at the time such consent is given; provided, however, that if
such modification or amendment will, by its terms, not lake
effect so long as the Note or any Bonds issued in connection with
the Note remain outstanding, the consent of the owners of such
Note or of such Bonds shall not be required. No such
modification or amendment shall permit a change in the maturity
of the Note or a reduction of the principal amount thereof or an
extension of the time of any payment thereon or a reduction of
the rite of interest thereon, or a change in the date or amounts
of the pledge set forth in this Resolution, without the consent
of the owners of such Note or the owners of all the Bonds issued
in connection with the Note, or shall reduce the percentage of
the Note or Bonds the consent of the owners of which is required
to effect any such modification or amendment, or shall change or
modify any of the rights or obligations of the Trustee without
its written assent thereto.
Section 21. severability. In the event any provision
of this Resolution shall be held invalid or unenforceable by any
court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof
Section 22. Appointment of Bond Counsel. The law
firm of orrick, Herrington & Sutcliffe LLP, Los Angeles,
California is hereby appointed as Bond Counsel for the Program.
21
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The Local Agency acknowledges that Bond Counsel regularly
performs legal services for many private and public entities in
Connection with a wide variety of matters, and that Bond Counsel
has represented, is representing or may in the future represent
other public entities, underwriters, trustees, rating agencies,
insurers, credit enhancement providers, lenders, financial and
other consultants who may have a role or interest in the proposed
financing or that may be involved with or adverse to Local Agency
in this or some other matter. Given the special, limited role of
Bond Counsel described above the Local Agency acknowledges that
no conflict of interest exists or would exist, waives any
conflict of interest that might appear to exist, and consents to
any and all such relationships.
Section 23. Appointment of Financial Advisor and
Underwriter. Sutro & Co. Incorporated, Los Angeles, California is
hereby appointed as financial advisor for the Program. Morgan
Stanley & Co. Inc., together with such co-underwriters, if any,
identified in the Purchase Contract, is hereby appointed as
underwriter for the Program.
Section 24. Effective Date. This Resolution shall take
effect from and after its date of adoption.
Section 25. Resolution Parameters.
(A) Name of Local Agency: CITY OF CHULA VISTA
(B) Maximum Amount of Borrowing: SEVEN MILLION NINE HUNDRED
THOUSAND DOLLARS ($7,900,000).
(C) Authorized Representatives:
1. Director of Finance
2. Assistant Director of Finance
Presented by Approved as to form by
Robert Powell, Director of
Finance
22
JL/A--.2~
RESOLUTION NO. / 69 :;?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DIRECTING THE CITY MANAGER TO
INCLUDE IN THE FISCAL YEAR 1998-99 PROPOSED
BUDGET APPROPRIATIONS OF $312,800 FOR TAX AND
REVENUE ANTICIPATION NOTE PROJECTED INTEREST
AND ISSUANCE COSTS AND ESTIMATED INTEREST
REVENUES OF $312,800 FROM INVESTMENT OF THE
NOTE PROCEEDS
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby direct the City Manager to include
in the fiscal year 1998-99 proposed budget appropriations of
$312,800 for Tax and Revenue Anticipation Note projected interest
and issuance Costs and estimated interest revenues of $312,800 from
investment of the note proceeds.
Presented by Approved as to form by
Robert Powell, Director of
Finance
C:\rs\bonds.cm
)Jjg~/
COUNCIL AGENDA STATEMENT
Item /~
Meeting Date April 28, 1998
ITEM TITLE: Quarterly Fiscal Status Report for the Third Quarter of Fiscal Year
1997 -98
SUBMITTED BY: Director of ~i^,
REVIEWED BY: City Manag (4/5ths Vote: Yes _NOA.J
In accordance with Charter Section 504(f), attached for your consideration is the fiscal
status report for Fiscal Year 1997-98 as of March 31, 1998.
RECOMMENDATION: That Council accept the report as submitted.
DISCUSSION:
Section 504(f) of the City Charter requires quarterly and annual fiscal status reports
to be filed by the Director of Finance through the City Manager. Attached for your
consideration is a report covering the period July 1, 1997 through March 31, 1998.
The report reflects that the aggregate sources of funds (revenues and transfers-in) are
projected to be slightly more than the aggregate uses of funds (expenditures and
transfers-out) by approximately $5,000. This variance is so slight as to lead to the
conclusion that operations for the year will basically be balanced; i.e. current year
funding will cover current year expenditures. As usual, these projections are judged
to be prudently conservative, and we expect some improvement in these numbers by
the end of the fiscal year
The report reflects that although projections in major revenue categories, such as
Property Taxes, Sales Taxes, and Motor Vehicle License Fees are very positive and
exceed budget estimates by an aggregate of more than $1 million, there are projected
shortfalls in reimbursement revenues from grants, major developers, and other sources
that result in overall projected revenues for the fiscal year being more than $600,000
less than budget estimates. The shortfall in reimbursement revenues will be partially
offset by expenditure savings of $1 .1 million due to delays in implementing grant and
reimbursement funded projects.
As far as Expenditures and Transfers out, it is conservatively projected that
departments will achieve overall savings of almost $1.3 million. Four departments,
Police, Public Works, Parks & Recreation, and Planning, are projecting savings in
excess of $100,000 primarily due to staffing vacancies as the result of delays in grant
and development related activity. It should be noted that in those non-grant funded
activities within the Police Department, it is projected that expenditures will exceed
budget by some $70,000 primarily in overtime accounts due to underbudgeting.
However, this amount will be more than covered by savings in the grant funded
/5-/
Page 2, Item
Meeting Date 4/28/98
activities due to delays in implementing some of those programs. Administrative
encumbrances (freezes) will be placed on certain accounts within those departments
projecting significant savings in order to insure the full realization of at lease those
amounts.
These overall expenditure savings are reported net of additional requirements in two
departments. The report indicates that both the Fire and Administration Departments
are projecting additional appropriation requirements due to unanticipated overtime
levels in Fire ($150,000 - $200,000) and expenses related to the transition to a new
City Manager in Administration ($30,000 - $35,000). It is expected that Council will
be requested to approve either appropriation transfers from other departments or
additional appropriations from reserves in the near future in order to prevent these
departments from overspending current budget allocations.
FISCAL IMPACT: There is no fiscal impact relative to accepting or rejecting the
report, since it is for information purposes only. The City General Fund began Fiscal
Year 1997-98 with an Available Fund Balance of $4.43 million and based on the
information available at this point in the fiscal year, it appears that as a result of
current year operations, this amount will increase by a small amount by the end of the
year. Although the projected increase is conservatively estimated at approximately
$5,000 at this time, there is the potential for improvement in this figure by the end of
the year.
JS---~
COUNCIL INFORMATION
DATE: April 13, 1998
TO: Honorable Mayor and City Council
VIA: John D. Goss, City Manager
FROM: Robert W. Powell, Director of Finance rf
SUBJECT: QUARTERLY FISCAL STATUS REPORT
In accordance with section 504{f) of the City Charter which requires a quarterly fiscal status
report, please find attached the following summary schedules Fiscal Year 1997-98 through the
third quarter ending March 31, 1998:
Schedule A.....General Fund Budget Amendments
Schedule B.....General Fund Revenues, Summary by Revenue Category
Schedule C.....General Fund Revenues, Fiscal Year Projections Compared to Budget
Schedule D.....General Fund Budget Status
Schedule E.....Budget Transfers Approved by Administration
The following is a summary that compares the current General Fund budget, including any
amendments subsequent to original adoption, with the projections for the fiscal year. The
adopted budget included appropriations totaling $637,723 less than the estimated revenues
and transfers-in. As of March 31, 1998, Council had approved supplemental appropriations
totaling $1,301,319 more than estimated revenues resulting in an amended budget which
contemplates absorbing $663,596 in reserves. Refer to Schedule A for the detail of the
Council approved supplemental budget items to be funded from reserves.
ADOPTED AMENDED PRO4§9TEO
.BUDGET BUDGET . ACTUAL . VARIANCE
Revenues! $63,806,588 $64,877,881 ($623,378)
Transfers In
Expenditures! ($63,168,865) ($65,541,477) $1,291,820
Transfers-Out
TOTAL $637,723 {$663,596} $668,442
IG3
The overall projection as of March 31, 1998 anticipates that the aggregate sources of funds
(revenues and transfers-in) will slightly exceed the aggregate uses of funds (expenditure and
transfers-out) by $4,846, which essentially means that the City will likely break even. This
represents an improvement from the projected deficit of $664,705 estimated in the second
quarter report. The improvement is due to refined revenue estimates as well as
comprehensive departmental expenditure estimates.
REVENUESITRANSFERS-IN
Actual revenues are projected to be less than budgeted estimates by approximately $623,378
or (1.0%). This negative variance is the result of numerous positive and negative variances in
various revenue accounts. The majority of the shortfall is attributed to negative variances in
reimbursements for development agreements and capital improvement projects and the
decision to retain franchise fees for cable television at the current levels. Offsetting these
negative variances are positive variances in major ongoing general revenues, specifically
Sales Tax Revenues and Property Tax Revenues, which are projected to exceed budget
estimates by approximately $600,000 or 4.5% and $215,000 or 2.5%, respectively. This is a
positive sign reflecting an overall improvement in the economy and continued development
and growth in all economic sectors. In addition, improvements from the Second Quarter
Report have occurred within Zoning Fees, Subdivision Fees and Plan Checking Fees.
Projected revenues in these categories have increased by $232,000. These Fees are a
reflection of continuing improvements in the economy leading to growth. The explanations for
all significant projected shortfalls are included in the narrative following Schedule C.
EXPEN DITURES/TRAN SFERS-OUT
As mentioned previously, expenditure and transfers-out are projected to be less than budgeted
by $1,291,820. The City had remaining budgeted expenditures of 29.6% as of March 31,
1998. At the end of the third quarter in the prior fiscal year the City had 29.5% available. The
actual expenditure savings realized in the prior fiscal year were significantly greater than
projected and it is very possible that the same will occur in the current fiscal year. In order to
ensure these projected savings are not expended for other purposes, the Finance Department
will place administrative encumbrances (freezes) on various accounts.
Significant savings are projected in several Departments including Police, Public Works, Parks
& Recreation, Planning, Community Development, Finance, and Library. The expenditure
savings are primarily due to staffing vacancies. In the Police Department it is estimated that
non-grant related expenditures will be over-expended by approximately $70,540, primarily due
to hard holiday overtime pay being underbudgeted. On the other hand, it is projected that
there will be expenditure savings of $835,083 due to budgeted grant expenditures that did not
take place. Overall Police is projecting expenditure savings of $764,543.
Other than the Non-Departmental budget unit, which is expected to result in negative savings,
there are two departments that are projecting to over-expend their current budget levels; Fire
and Administration. The Fire Department has identified potential over expenditures in the
IS-1-
overtime area which at this time they believe they will not be able to cover within budgetary
savings and will require additional appropriations or transfers of savings from other
departments. The Fire Department is currently projecting to overspend their allotted budget by
$150,000 - $200,000 because of excessive illnesses and vacancies have required them to use
more overtime than usual to meet their minimum staffing requirements. Administration is
projecting over expenditures of $30,000 - $35,000 which are related to the transition to a new
City Manager.
.. /.5'-5
Schedule A
GENERAL FUND BUDGET AMENDMENTS
Fiscal Year 1997-98 as of March 31,1998
This schedule includes only those additional net appropriations approved by Council since the
original budget was adopted which are not funded by specific unanticipated or over-realized
revenues:
Additional
Appropriations
Preparation and submission of Economic Development grant application to HUD (200)
Application fees for tax-exempt status of the Chula Vista Veterans Home Support
Foundation 1,000
Implementation of the Middle School Program 17,492
Salary of Additional crossing guard at the Broadway and Flower St. intersection 3,000
1 additional Police Agent salaries, benefits and equipment (293)
Settlement of Jones Intercable suit against the city 150,000
Salary and/or benefit increases for all City employees 1,059,089
Salary & benefits for a full-time Building Inspector II 42,400
Salary & benefit increases for various reclassified positions 8,831
Emergency slope protection at 289/291 Greenwood Place 20.000
Year to Date Total Through March 31, 1998 $1.301.319
¡S-h
,..
Schedule B
GENERAL FUND REVENUES
Summary by Revenue Category
Fiscal Year 1997-98 as of March 31, 1998
AMENDED ACTUAL PERCENT
BUDGET TO DATE REALIZED
Property Taxes $8,612,000 $5,271,751 61.2%
Other Local Taxes
Sales 13,603,900 8,595,644 63.2%
Franchise 2,585,890 1,380,741 53.4%
Transient Lodging Tax 1,425,000 833,469 58.5%
Utility Users Tax 2,807,000 1,925,818 68.6%
Business License Tax 740,000 681,576 92.1%
Other 250,000 236,229 94.5%
Total Other Local Taxes 21,411,790 13,653,476 63.8%
Licenses & Pennits
Building, Plumbing Electrical, Housing 1,826,885 1,379,050 75.5%
Other 222,900 179,510 80.5%
Total Licenses and Pennits 2,049,785 1,558,559 76.0%
Fines Forfeitures & Penalties 627,220 431,984 68.9%
Revenue from Use of Money & Property 984,307 603,430 61.3%
Revenue from Other Agencies
State Motor Vehicle License Fee 6,100,000 4,210,216 69.0%
Other 4,113,311 904,402 22.0%
Total Revenue from Other Agencies 10,213,311 5,114,619 50.1 %
Charges for Current Services
Development Related Services 2,291,511 1,921,412 83.8%
Other Police, P&R & Mise Charges 1,023,313 552,009 53.9%
Total Charges for Current Services 3,314,824 2,473,420 74.6%
Other Revenues
Reimbursement from Large Development Proj 1,377,521 356,480 25.9%
Reimbursement - Redevelopment Agency 1,650,788 614,001 37.2%
Other Reimbursements 7,848,251 2,754,511 35.1%
BECA Revenues 974,601 23,742 2.4%
Other 582,550 696,179 119.5%
Total Other Revenues 12,433,711 4,444,913 35.7%
TOTAL REVENUES 59,646,947 33,552,153 56.3%
TOTAL TRANSFERS IN 5,230,933 (1) 3,633,489 (1) 69.5%
TOTAL REVENUES AND TRANSFERS IN $64,877 ,880 $37,185,642 57.3%
(1) Includes $281,363 loan repayment from Otay Valley.
1$-7
Schedule C
GENERAL FUND REVENUES
Fiscal Year Projections Compared to Budget
Fiscal Year 1997-98 as of March 31, 1998
AMENDED PROJECTED PROJECTED
BUDGET ACTUAL VARIANCE
Property Taxes $8,612,000 $8,827,000 $215,000
Other Local Taxes
Sales 13,603,900 14,203,900 600,000
Franchise 2,585,890 2,285,890 (300,000)
Transient Lodging Tax 1,425,000 1,475,000 50,000
Utility Users Tax 2,807,000 2,850,000 43,000
Business License Tax 740,000 . 740,000 0
Other 250,000 350,000 100.000
Total Other Local Taxes 21,411,790 21,904,790 493,000
Licenses & Pennits
Building, Plumbing Electrical, Housing 1,826,885 1,849,000 22,115
Other 222,900 222,900 0
Total Licenses and Pennits 2,049,785 2,071,900 22,115
Fines Foñeitures & Penalties 627,220 593,350 (33,870)
Revenue from Use of Money & Property 984,307 1,173,486 189,179
Revenue from Other Agencies
State Motor Vehicle License Fee 6,100,000 6,350,000 250,000
Other 4,113,311 3,019,366 (1,093,945)
Total Revenue from Other Agencies 10,213,311 9,369,366 (843,945)
Charges for Current Services
Development Related Services 2,291,511 2,676,281 384,770
Other Police, P&R & Mise Charges 1,023,313 808,707 (214,606)
Total Charges for Current Services 3,314,824 3,484,988 170,164
Other Revenues
Reimbursement from Large Development Proj 1,883,178 1,181,190 (701,988)
Reimbursement - Redevelopment Agency 1,650,788 1,650,788 0
Other Reimbursements 7,342,594 6,724,003 (618,591)
BECA Revenues 974,601 974,745 144
Other 582,550 1,119,821 537.271
Total Other Revenues 12,433,711 11,650,547 (783,164)
TOTAL REVENUES 59,646,947 59,075,427 (571,521)
TOTAL TRANSFERS IN 5,230,933 (1) 5,179,076 (1) (51,857)
TOTAL REVENUES AND TRANSFERS IN $64,877 ,880 $64,254,503 (~23,378)
(1) Includes $281,363 loan repayment from Otay Valley.
IS- t¿'
Schedule C
SUMMARY OF VARIANCE ANALYSIS
Fiscal Year 1997-98 as of March 31, 1998
REVENUES
Overall, actual revenues are projected to fall short of budget estimates by
approximately $623,378 primarily due to negative variances in police grant revenues
and delays in signing major development staff agreements. However, this variance will
be offset by reduced expenditures of $1,291,820 in police grants, public works,
planning and other departments resulting in a net positive variance of $668,442. In
addition, the major general revenue categories, including property taxes, sales tax and
motor vehicle license fees continue to show higher than anticipated growth. This is
discussed in detail below.
Propertv Taxes - Projected revenue $8,827,000 variance $215,000, 2.5%
Generally Property Tax Revenues are coming in at budgeted levels. This variance is
primarily due to higher than anticipated collections of delinquent taxes, which are
always difficult to predict. In fiscal year 97/98, it is anticipated that property tax
revenues will be 5.8% greater than in fiscal year 96/97.
Sales Taxes - Projected revenue $14,203,900, variance $600,000,4.5%
Sales tax revenues are exceeding budgeted projections due to an overall improvement
in the economy and an expanding retail base. Sales taxes are projected at 7.1 %
greater than in the previous. fiscal year.
Franchise Taxes. Transient Occupancy Tax. Utility Users Taxes. Business License Tax
and Real Property Transfer Tax - Projected revenue $7,700,890, variance ($107,000),
(1.4%)
Cox Cable franchise fees were not increased as anticipated resulting in a variance of
($300,000) or (11.6%) less than budgeted. Transient Occupancy Taxes are projected
to be higher than budgeted by $50,000, a 3.5% increase. Real Property Transfer Tax
is reflecting a variance of $100,000 or a 40% increase from budgeted level.
Licenses & Permits - Projected revenue $2,071,900, variance $22,115,1.1%
1
I~C¡
Overall Licenses & Permits reflect both positive and negative variances from budget.
These accounts offset each other resulting in an overall small variance from budget.
Compared to the prior fiscal year, Licenses & Permits are anticipated to be greater by
4.9% reflecting continued growth in development and building permit activities.
Fines. Forfeitures & Penalties - Projected revenue $593,350, variance ($33,870),
(5.4%)
The accounts within this category include both positive and negative variances. We
estimate positive variances of $31,130 in Ordinance Violation and Library Fines and
negative variances of $65,000 in Business License Tax Penalty, Parking Citation and
Negligent Vehicle Impound Processing Fee.
Revenue From Use of Monev & Property - Projected revenue $1,173,486, variance
$189,179,19.2%.
As a result of a higher balance in the Tax and Revenue Anticipation Note Programs,
investment earnings are projected at a variance of $190,200 from budget. .
Revenue From Other Aaencies - Projected revenue $9,369,366, variance ($843,945),
(8.3%)
State Motor Vehicle License Fees are projected to exceed budgeted estimates by
$250,000. The majority of other revenues are projected to be close to budget estimates
with the exception of law enforcement grant revenue which are expected to result in a
variance of ($881,117). Due to the delay in hiring staff and purchasing capital under
these grants, the revenue variance under law enforcement are expected to be offset by
$835,083 in expenditure savings resulting in a net variance of ($46,034). The Port
District Reimbursements are projected at a variance of ($74,911) as a result of
optimistic budget estimates.
Charaes for Current Services - Projected revenue $3,484,988, variance $170,164,
5.1%.
This variance consists of both negative and positive variances within several accounts.
A few items which stand out are the under realized revenues by the Water Park and the
delay in the opening of the MCA Amphitheater until the summer of 1998, which reduce
projected revenues in the current fiscal year by ($130,000). Improvements from the
Second Quarter Report have occurred within Zoning Fees, Subdivision Fees and Plan
Checking Fees. Projected revenues in these categories have increased by $232,000.
These Fees are a reflection of continuing improvements in the economy leading to
growth.
2
IS -/(JJ
Other Revenues - Projected revenue $11,650,547, variance ($783,164), (6.3%)
This category includes several significant revenue accounts with negative and positive
variances. Developer Fee Reimbursements are estimated at a variance of ($701,988)
as a result of slower than anticipated progress on projects. Offsetting some of these
under realized revenues are anticipated expenditure savings identified in the
Departments of Planning, Engineering and Parks and Recreation. Capital
Improvement Reimbursements also have a negative variance of ($408,767) due to
slower than anticipated progress on various projects - only three projects have reached
the bidding phase this year as opposed to eleven last year. The remainder of the
shortfall in this category is due to numerous accounts having small negative variances
due to actual workload on various reimbursable programs being less than anticipated
during the budget process. The positive variance in other revenues reflects the
$381,000 of unbudgeted revenue that is anticipated to be realized this year for the sale
of Marina View Park.
3
15~ I ¡
Schedule D
GENERAL FUND EXPENDITURES
Summary by Department
Fiscal Year 1997-98 as of March 31, 1998
Amended Expenditures Outstanding Available Percent
Department Budget To Date Encumbrances Balance Available
105 City Council $413,163 $283,992 $1,717 $127,454 30.8%
110 Boards and Commissions 49,583 14,893 12,508 22,181 44.7%
129 Community Promotions 264,487 161,099 17,569 85,818 32.4%
150 City Attomey 915,820 603,864 5,592 306,363 33.5%
160 City Clerk 238,876 146,303 5,656 86,916 36.4%
210 Administration 920,508 647,085 33,579 239,844 26.1%
211 Mgmt & Information Services 778,469 540,730 18,837 218,903 28.1%
245 Human Resources 859,574 581,712 3,720 274,142 31.9%
260 Community Development 2,211,070 1,239,820 48,655 922,595 41.7%
400 Finance 1,549,086 1,049,805 11,563 487,718 31.5%
600 Planning 1,810,630 1,170,293 471 639,866 35.3%
700 Insurance 960,946 943,039 13,962 3,945 0.4%
730 Non-Departmental 2,436,078 2,008,304 40,012 387,762 15.9%
1000 Police 21,817,425 15,007,566 238,968 6,570,891 30.1%
1200 Fire 7,720,970 5,799,268 1,800 1,919,902 24.9%
1300 Building & Housing 1,080,098 799,297 38,476 242,324 22.4%
1400 Public Works 11,900,074 7,627,626 258,138 4,014,309 33.7%
1500 Parks & Recreation 5,627,716 3,768,687 91,623 1,767,405 31.4%
1700 Libra!)' 3,986,904 2,749,980 155,053 1,081,870 27.1%
TOTAL EXPEND. & TRANSFERS OUT $65,541,476 $45,143,365 $997,901 $19,400,210 29.6%
M:\HOME\MARIAK\QTRL YREV\EXP3QTRWB1 J~-/;L
Schedule E
BUDGET TRANSFERS APPROVED BY ADMINISTRATION
January 1, 1998 through March 31, 1998
Fund
Department Amount
General Fund
Finance $300.00
From: Wages
To: Materials to Maintain Buildings, Structures & Grounds
To utilize salary savings to install a gate in the 10ft area of the City Storeroom to mitigate a significant safety hazard.
General Fund
Finance $500.00
From: Wages
To: Other Specialized Services
To utilize salary savings to retain a specialist to determine potential damage recovery stemming from class action
litigation against a bank, at the request of the City Attorney.
General Fund
Police - Grant $11,100.00
From: Other Equipment
To: Travel, Conferences & Meetings
With grantor's approval, to reprogram grant funds to use funds for homicide (cold case) follow up.
General Fund
Planning $3,500.00
From: Wages
To: Transportation Allowances
To utilize salary savings for moving expenses specified in an employment contract.
Sewer Fund
Public Works Operations $2,703.24
From: Other Specialized Services
To: Other Equipment
To utilize anticipated savings to address a safety concern by replacing 3 inoperable gas monitors.
DIF
Parks and Recreation $2,700.00
From: Contingencies
To: Office Equipment ($1,800.00)
Telephone ($900.00)
To purchase furniture and install phone and data lines for two new positions.
General Fund
Finance $2,322.00
From: Wages
To: Office Equipment
To utilize salary savings to replace an old fax machine and time clock which carry high maintenance costs.
¡S--/3
COUNCIL AGENDA STATEMENT
Item /~
-
Meeting Date 4/28/98
ITEM TITLE: Report; Formation of the San Miguel Ranch Sectional Planning Area (SPA)
Plan Citizens Review Group
Resolution: ) ?:59 /Æstablishing a Citizens Review Group for the San
Miguel Ranch secti~lamrlng Area Plan
SUBMITTED BY: Director of Plannin t ~
REVIEWED BY: City Manager1),t ~ ./' (4/5ths Vote: Yes_NoX)
Trimark Pacific - San Miguel LLC, has submitted applications for the processing of a Sectional
Planing Area (SPA) Plan and associated Subsequent Environmental Impact Report (SEIR) for the San
Miguel Ranch project. A condition of approval for the previously adopted General Development Plan
(GDP) requires the formation of a citizens committee to provide input into the SPA planning process
for the project. This report requests Council approval of proposed committee members and guidelines
for the committee's operation.
RECOMMENDATION:
That Council adopt the attached Resolution approving:
1. A list of nominees to serve as members of the San Miguel Ranch SPA Citizens Review Group,
and
2. Proposed guidelines for the operation of the Group.
BOARDS AND COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
Citizens Review Group Formation and Membership Nominees
As part of the prior planning process for the San Miguel Ranch GDP, Council required formation of
a citizens advisory committee to provide input to the project's review. This was due in large part to
the project's location in relation to the existing, unincorporated Bonita/Sunnyside community, and the
fact that the project property has yet to be annexed to the City. On December 17, 1996, Council
adopted Resolution No. 18532 approving the GDP. Section C.1O of that Resolution states 'The San
Miguel Ranch Citizens Advisory Committee, presently appointed and serving, shall continue to provide
citizen input into the SPA Plan and subsequent Tentative Map process required by the previous
resolution of approval (Resolution 17057) ". On September 11, 1997, an application for a SPA Plan
for the San Miguel Ranch was submitted by Trimark Pacific - San Miguel LLC. Now that a SPA Plan
application is being processed, staff is returning to Council to re-establish the citizens committee.
1~1
Page 2, Item-
Meeting Date 4/28/98
Although Resolution No. 18532 indicated continuation of the committee appointed and serving as of
December 1996, the passage of time and some changes in member affiliation with respect to the
constituencies represented, warranted that the committee be re-constituted. Consistent with the prior
composition of the GDP level CAC, the following represents the proposed SPA Citizens Review
Group (CRG) membership:
Representative from the Sweetwater Community Planning Group
Representative from the Sweetwater Civic Association
Resident of the adjacent Bonita/Sunnyside area
Resident of the adjacent Eastlake/Salt Creek I area
Non-resident adjacent property owner
At-large member
Representative of the environmental community
Staff employed the following processes to solicit interest for needed membership updates, and to
establish proposed nominees: (1) notices requesting interested persons to call the Planning
Department were mailed to each of the members of the Sweetwater Planning Group and Civic
Association, local environmental groups, and to all property owners in the vicinity of the project site
in the Sunnyside and Eastlake/Salt Creek areas; (2) after phone contacts with their chairpersons, the
Sweetwater Planning Group and Civic Association appointed their proposed representatives. Among
area property owners who expressed interest, nominations were made based on those properties
directly adjacent to the project site, and length of time of ownership and residency; (3) the at-large
City member (Barbara Gilman) is continuing from the GDP committee; and, (4) the environmental
representative (Allison Rolfe), is conducting a graduate study on the MSCP.
Exhibit 1, attached to the draft Council resolution, lists the proposed nominees who have agreed to
serve as members/alternate members of the CRG.
Renaming the CAC to the "Citizens Review Group (CRG)"
It should be noted that staff and the applicant are requesting a change in nomenclature for the SPA
level citizens committee. Since processing of the GDP, other formal "citizens advisory committees
(CACs)" have formed in the context of the State Route 125 Tollroad project. For the sake of clarity,
and to avoid confusion with other groups, it is proposed that our committee be entitled as the "San
Miguel Ranch SPA Citizens Review Group (CRG)".
Citizens Review Group Guidelines
Attached as Exhibit 2 to the draft Council Resolution are guidelines for the conduct of the CRG.
These guidelines were used for the prior committee which reviewed the GDP, and are appropriate
for the SPA review as well.
I(",a."
Page 3, Item-
Meeting Date 4/28/98
The San Miguel Ranch project will require approval of the following discretionary actions:
1) Sectional Planning Area (SPA) Plan,
2) Tentative Subdivision Map(s),
3) Annexation of part or all of the property to the City, and related detachments from certain
special districts.
A Subsequent Environmental Impact Report assessing potential impacts for each of the above actions
will also be processed. Staff anticipates that processing of the above actions and the SEIR will be
completed by early 1999.
A rough, tentative schedule/master agenda for CRG's meeting is presented in Attachment B.
FISCAL IMPACT:
Creation of the Citizens Review Group for the San Miguel Ranch SPA will result in additional staff
time devoted to working with the Group. Staff costs associated with CRG support, however, will
be paid through the applicant's processing deposit account, and no additional costs to the City will
result.
Attachments: A. Citizens Review Group Tentative Schedule/Master Agenda
(H: IH 0 MEIPLANNIN GlKIRKISAN MGL ICA C. A 13)
"-'3
RESOLUTION NO. /f)9??
RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL
ESTABLISHING A CITIZENS REVIEW GROUP FOR THE SAN MIGUEL
RANCH SECTIONAL PLANNING AREA PLAN
WHEREAS, a prior citizens Advisory Committee was formed to
review the San Miguel Ranch General Development Plan (GDP) proposal
prior to City Council Action; and
WHEREAS, on December 17, 1996, the City Council approved the
San Miguel Ranch GDP; and
WHEREAS, that approval conditioned the continuation of a
citizens committee to provide input on the future San Miguel Ranch
Sectional Planning Area (SPA) Plan prior to action on that request;
and
WHEREAS, on September 11, 1997, an application for a SPA Plan
for the San Miguel Ranch was submitted by Trimark Pacific - San
Miguel LLC; and
WHEREAS, a representative number of citizen volunteers have
been identified by the City for membership on the proposed San
Miguel Ranch SPA citizens Review Group;
NOW THEREFORE BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby establish a citizens Review Group for
the San Miguel Ranch SPA Plan with volunteers from each of the
following groups, and as named on Exhibit 1 attached hereto:
1) Sweetwater Community Planning Group
2) Sweetwater civic Association
3) Adjacent BonitajSunnnyside area residents
4) Adjacent Eastlake/Salt Creek I area residents
5) Adjacent non-resident property owners
6) City of Chula vista resident at-large
7) Environmental group (MSCP) participant
BE IT FURTHER RESOLVED that the citizens Review Group shall
conduct it business, and present its recommendations on the San
Miguel Ranch SPA to the Planning Commission and the City Council
pursuant to the guidelines set forth in Exhibit 2 attached hereto.
Presented By Approved as to form by
~7 ,
A.- ., .Sll/-./. .- é/ 'j/ ~
(p¡Z4~r(-_), I, - ~ ,,'..,(.~ ty /---..¡ c: ~_1.1
Robert A. Leiter John M. Kaheny ;'J ¿, //' .,--;-
Director of Planning city Attorney
(C:\RS\sanmigel.crg)
It, ~t.f
PROPOSED APPOINTEES TO THE SAN MIGUEL RANCH SPA CITIZENS
REVIEW GROUP
The following persons have agreed to serve on the San Miguel Ranch SPA Citizens Review
Group as representatives of their respective constituencies:
Sweetwater Community Planning Group
Uwe Werner
Tony Ingrassia (alternate)
Sweetwater Civic Association
Ray Yrnzon
Ernie Schnepf (alternate)
Residents of Adjacent Sunnyside Area
Ron Speyer
Georjean Jenson (alternate)
Residents of Adjacent Eastlake/Salt Creek I Area
Phil Gaugham
Joanne Malcolm (alternate)
Non-resident Adjacent Property Owners
.
Warren Oakland ,
,
Judy Tieber (alternate)
At-large City Member
Barbara Gilman
Environmental (MSCP) Participant
Allison Rolfe
(H: IH 0 MEIPLANNINGlKIRKISANM G L ICA C- LIST. DOC)
/6-5 t XtH 81T i
GIDDELINES FOR THE OPERATION AND CONDUCT OF THE CITIZENS
REVIEW GROUP (CRG) FOR THE SAN MIGUEL RANCH SECTIONAL PLANNING
AREA (SPA) PLAN PROJECT
1. The composition of the CRG shall be as designated in Resolution dated April 28,
1998.
2. The CRG shall perform the following functions:
a. Review materials related to the proposed San Miguel Ranch Sectional Planning
Area (SPA) Plan in relation to the City of Chula Vista General Plan, Zoning and
Growth Management Ordinances, and the approved San Miguel Ranch General
Development Plan (GDP).
b. Make recommendations to the City Planning Commission and the City Council
on the San Miguel Ranch SPA Plan proposals.
3. The CRG shall meet at least once a month, and shall conduct the meetings in an efficient
manner so as to conclude its deliberations in a timely manner. In no case shall the
CRG's deliberations interfere with the public hearing schedule established by the City.
4. A voting quorum of the seven-member CRG shall be four (4) members (either primary
or alternate) present and eligible to vote. Four (4) affirmative votes shall be required to
pass a motion and/or any recommendations from the CRG.
5. Should the CRG fail to reach a majority decision, the matter shall go forward to the
Planning Commission and the City Council without a recommendation of the full CRG.
However, in any case, individual or minority opinions on the SPA project, or
components thereof, shall be provided to the Planning Commission and City Council for
their consideration as part of their public hearing material.
6. The City Planning Department shall provide staff support and assistance to the CRG, and
shall act as its secretary.
(H: \HO ME\PLANNING\KIRK\SANM GL \CA C-GID E. DOC)
16 -to ~bi; f L
SAN MIGUEL RANCH SECTIONAL PLANNING AREA (SPA) PLAN
CITIZENS REVIEW GROUP
Tentative Schedule I Master Agenda
The following is meant to convey the proposed manner in which the San Miguel Ranch SPA
Citizens Review Group will conduct their review of various project components. The order of
the proposed meeting topics, as well as the topics themselves, may be altered depending on the
availability of data, the Group's desires and the project scheduling.
MEETING MONTH TOPIC(S)
MAY Orientation
Project History (GDP)
Proposed SPA Land Use
JUNE Biology IMSCP
Trails/Parks
JULY Traffic/ Circulation
AUGUST Grading/Visual Analyses
Technical Studies
(Sewer, Drainage, Water, AQIP)
SEPTEMBER SPA Design Guidelines & District Reg's.
(Finalize Land Use)
Landscape/Planting Programs
OCTOBER Draft SEIR
NOVEMBER Group Recommendations
(H: \H 0 ME\PLANNING\KIRK\SANM GL \CAC-SCHD .DOC)
lfø -1 AlT Ac Hfv1 EJUT ,4
CITY COUNCIL AGENDA STATEMENT
Item .-L/
Meeting Date 4/28/98
ITEM TITLE: PUBLIC HEARING: PCM-98-25; Amendments to Chapters 19.04,
Definitions, and 19.48, P-C Planned Community Zone of the Chu1a Vista
Municipal Code pertaining to Community Purpose Facilities
:z?;J~
ORDINANCE Amending Chapters 19.04, Definitions, and 19.48, P-C
Planned Community Zone ofthe Chula Vista Municipal Code
SUBMITTED BY: Director of Plamring ~ ~
REVIEWED BY: City Manage~ ~ ...-;?" 4/5ths Vote(Yes_No.x)
The application, submitted by The Eastlake Company and co-sponsored by the City of Chula
Vista, proposes to amend Chula Vista Municipal Code Chapters 19.04, DefInitions and 19.48, P-
C Planned Community Zone. The proposed amendments consist of expanding the definition of
Community Purpose Facilities (CPF) to allow open ball fields to the list of permitted uses
identified in the DefInitions Section; Consolidate CPF requirements and criteria, presently located
in different Chapters, into a single Section of the above mentioned P-C, Planned Community
Zone; Convert the list of permitted uses into Conditional use permit uses; and establish criteria
to limit the percentage of the required CPF acreage that may be used for open recreational ball
fields within a planned community.
The Environmental Review Coordinator has determined that the project is exempt from
environmental review under CEQA as Class 4(a) and 4(b) exemptions.
BOARDS/COMMISSIONS RECOMMENDATION
At its April 8, 1998 meeting, the Planning Commission voted 6-0 to recommend approval of the
proposed ordinance amendments.
RECOMMENDATION:
That the City Council adopt the ordinance approving amendments to Chula Vista Municipal Code
(CVMC) Chapters 19.04, Definitions, and Chapter 19.48 P-C Planned Community Zone, of the
Chula Vista Municipal Code in accordance with the findings contained therein.
DISCUSSION
Background
In 1991, the City Council adopted an Ordinance which required that planned communities designate
/7-/
Page 2, Item
Meeting Date 4/28/98
within their Sectional Planning Area (SPA) plans a minimum of 1.39 acres of land per thousand
population for Community Purpose Facilities (CPF) such as churches, Boy Scouts and Girl Scouts,
etc. The Ordinance requires that several community purpose land uses as listed in CVMC Section
19.04.055 be permitted by right, and includes other provisions to regulate the development ofCPF
sites and monitor the market interest for these types of sites.
Proposed Amendments
The proposed amendments arose through the course of discussions between City staff and
representatives of The Eastlak:e Company regarding the need for more recreational ball field facilities
in the eastern areas of the City. Through the process of preparing the Parks Implementation Plan,
staff identified a shortage of such facilities in the new areas, and both City staff and representatives
of Eastlak:e desired a method of addressing this shortage by providing more active areas for the
sports leagues (e.g. youth baseball, youth soccer, etc.) that are seeking playing areas in the eastern
territories.
Following is a summary of the proposed amendments:
A. Modify Chapter 19.04, Definitions, to add recreational ball fields as a "typical use" for
consideration in a CPF land use district and to reference the listed uses as "typical uses" (providing
a shortened list of uses here, as compared to listing each of the uses that may be considered) .
B. Modify Chapter 19.48, P-C Planned Community Zone, to consolidate the regulations
pertaining to community purpose facilities into one section, 19.48.025, and to specify that siting
criteria and operational parameters shall be incorporated in the Sectional Planning Area (SPA) plan.
C. Convert the list of permitted uses into Conditional use permit uses.
D. Expand Section 19.48.040, outlining the requirements ofa CPF Master Plan as part of the
Planned Community GDP(s) whenever recreational ball fields are included as conditional uses in
the corresponding Sectional Planning Area plans.
It should be noted that the proposed amendments have been forwarded to the major planned
community developers for review and comment.
Analysis
Addition of Recreational Ball Fields
The addition of recreational ball fields as a use that may be considered within the Community
Purpose Facility land use districts would fulfill an acknowledged community need in the eastern
areas ofthe City. As proposed, they would not replace CPF uses with park uses, but rather would
be a recreational use that is owned and operated by a non-profit entity, as is any other CPF use.
At the same time, this additional use will provide planned community developers more flexibility
/7":¡'
Page 3, Item
1 Meeting Date 4/28/98
in the marketing of, and uses for, their Community Purpose Facility property. Limiting the additional
use to non-profit entities ensures that it will be in keeping with the original intent ofthe ordinance
of providing land for community needs; uses other than non-profits would be considered commercial
uses. However, a limitation on the percentage of CPF land within any planned community has been
incorporated into Section 19.48.040 in order to ensure that this use will not preclude other
community uses. Said section requires that a CPF Master Plan be provided within a General
Development Plan and limits the allowed acreage for recreational ball fields within the Master Plan
to 25% of the CPF area required.
The proposed recreational ball fields differ significantly from other CPF uses in that this would be
an outside use and would not involve construction of a building (other than possible accessory
buildings such as restrooms). As such, they may present more impacts upon adjacent properties
with respect to noise and visual issues. However, it is staffs opinion that items such as these can
be addressed through the conditional use permit process. The use permit process will also provide
those within the surrounding neighborhood notice of any such application as well as the opportunity
to provide input prior to a determination being made.
With respect to the consolidation of the regulations pertaining to Community Purpose Facilities
into one section, staff is of the opinion that the proposed amendments will benefit both staff and the
development community by making it easier to identify applicable regulations and requirements
when conducting research or preparing plans related to planned communities.
Conclusion
For the reasons noted in this report, staff recommends approval of the proposed amendments in
accordance with the attached Planning Commission Resolution.
FISCAL IMPACT
The Eastlake Company has submitted a deposit to cover costs associated with processing this
application.
Attachments
1. Planning Commission Resolution ~
2. Planning Commission Minutes t.J""Y\ NOT SCANNED
3. Disclosure Statement
(h:\home\planning\patty\pcm9825 .rep)
/7-3
ORDINANCE NO. n 3 :L-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTERS 19.04,
DEFINITIONS, AND 19.48, P-C PLANNE:p COMMUNITY
ZONE OF THE CHULA VISTA MUNICIPAL CODE
1. RECITALS
A. Application for Discretionary Approval
WHEREAS, a dilly verified application for an amendment to the Chula
Vista Municipal Code was filed with the Planning Department of the City
ofChula Vista on January 12, 1998 as a co-sponsored application between
The Eastlake Company and the City of Chula Vista ("Applicant"); and,
WHEREAS, said application requests certain amendments to Chapter
19.04, Definitions, and 19.48, P-C Planned Community Zone, specifically
modification of Chapter 19.04, Definitions to add recreational ball fields
as a "typical use" for consideration in a CPF land use district and to
reference the listed uses as "typical uses", modification of Chapter 19.48,
P-C Planned Community Zone, to consolidate the regulations pertaining to
community purpose facilities into one section, conversion of the list of
permitted uses into Conditional use permit uses, and expansion of
Section 19.48.040, outlining the requirements of a CPF Master Plan as
part of the Planned Community GDP(s) whenever recreational ball fields
are included as conditional uses in the corresponding Sectional Planning
Area plans ("Discretionary Approvals") ; and,
B. Environmental Detennination
WHEREAS, the Environmental Review Coordinator has detennined that
the project is exempt from environmental review under CEQA as a Class
4(a) and 4(b) exemption; and,
C. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing
on said project on Apri18, 1998, and voted 6-0 to recommend that the City
Council approve the Project, based upon the findings listed below.
/7-1/-
D. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing was held before the
City Council of the City of Chula Vista on April 28, 1998, on the
Discretionary Approval Application~ received the recommendations of the
Planning Commission, and heard public testimony with regard to same;
and,
NOW, THEREFORE, BE IT RESOLVED that the City CoUJ?cil does hereby find,
detennine and resolve as follows:
ll. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at
their public hearing on this project held on April 8, 1998, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding.
ill. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has detennined that this project is
exempt from environmental review under CEQA as a Class 4(b) exemption.
IV. FINDINGS
The City Council hereby finds that the proposed amendments tothe Chula Vista
Municipal Code will address a need for additional non-profit sports leagues within
the eastern territories of the City, and provide additional flexibility for developers
in marketing their Community Purpose Facility sites. The proposed amendments
are consistent with the City of Chula Vista General Plan and public necessity,
convenience, general welfare, and good zoning practice support the amendments.
V. APPROVAL
Based on the above, the City Council hereby approves the proposed amendments
to the Chula Vista Municipal Code, specifically to Chapter 19.04 and Chapter
19.48 as depicted in Exhibit "A", attached hereto.
TIris ordinance shall take effect and be in full force and effect on the thirtieth day
from and after its adoption.
/1,5
Presented by Approved as to fonn by
Robert A. Leiter John Kaheny
Planning Director City Attorney
(h: \home\planning\patty\pcm9825. ord)
j1-'(¡,
EXHIBIT "A"
Community Purpose Facilities - Proposed Amendment Text
Chapter 19.04
DEFINITIONS
19.04.055 Community Purpose Facility
"Community Purpose facility" means a structure _ìf'or _non-profit assembly.
- as well as ancillary uses such as a parking lot, within a planned community
mcædmg 8m Bot limited 1a those '.vhich serve the fu1l6wiRg types af ptlfposes: --
~7JJJi:l¡;Jliffb;tJ47!41Ø; -£)?ilffJ¡¡IRJg.ß~-}£!iJífl:¡,v, '~.3 t' ./;. 'iJJ1 ..'l!iiJJlJl2í&!J/Ji.Jo1Ui!,,:JJ:¡" ~.~fifY.Jif)"ìfJ#~, : if ,.'t.,'",.,',G1,,~7~Yft..î~W1!$f; ;~l:;:Zfi1ï.,.'¡
-
A Boys Scoms, Girl Se61:lt8, a-nd othcr similar orgsHizatioJiS
, >..
B. Social 8ftd htJ:mafl service activities, stich as Alcoholics AB6B)'ffI:Ot1S;
C. Services for homelcss;
D. Serviees for military persOlmcl duriRg the holidays;
E. Seftior carc aftd reercatioB;
F. W6rshÏp, spiritual growth 8.ftd devc1opmcftt, a-nd teachmg of traditiOBal family vahles;
G. Day carc facilities that are 8ftcillary 16 a-ny of thc a8o'lc;
II. Private schoo13 thftt arc 8.fteillary to aft)" of the abovc;
Chapter 19.48
P-C - PLANNED COMMUNITY ZONE
Sections:
19.48.010 Purpose.
19.48.020 Regulations generally-Minimum acreage-Ownership restrictions.
19.48.030 Application-Method-Documents required.
19.48.040 Application-General development plan required-Contents required.
19.48.050 Findings required for recommendation of establishment.
19.48.060 P-C zone-Planning commission action.
19.48.070 P-C zone-City council action-Compliance with general development plan
required.
19.48.080 General development plan-Modification requests and procedures.
19.48.090 Sectional planning areas and sectional planning area plans-Requirements and
1
11-1
contents.
19.48.100 Sectional planning area plans-Finding required for recommendation of
approval.
19.48.110 Sectional planning area plans-Actions of planning commission and city
council.
-
19.48.120 Sectional planning area plans-Effect of plan approval.
19.48.130 Sectional planning area plans-Modification requests and procedures.
19.48.140 P-C Zone-Residential areas not subject to design review.
19.48.150 Recycling collection centers.
19.48.160 P-C zone-Exceptions.
19.48.010 Purpose.
The purpose of the planned community zone are to:
A. Provide for the orderly preplanning and long-term development of large tracts of land which
may contain a variety of land uses, but are under unified ownership or development control, so
that the entire tract will provide an environment of stable and desirable character;
B. Give the developer reasonable assurance that sectional development plans prepared by him in
accordance with an approved general development plan will be acceptable to the city. Sectional
development plans may include subdivision plans and/or planned unit development plans as
provided for in this title;
C. Enable the city to adopt measures providing for the development of the surrounding area
compatible with the planned community zone.
(Drd 1854 §5 (part), 1979; Drd 1826 §1 (part), 1978; Drd 1281 §2 (part), 1970; Drd 1212 §1 (part),
1969; prior code §33.5201(A)).
19.48.020 Regulations generally-Minimum acreage-Ownership restrictions.
A. P-C zones may be established on parcels of land which are suitable for, and of sufficient size to
be planned and developed in a manner consistent with the purpose of this chapter and the
objectives of this division. No P-C zone shall include less than fifty acres of contiguous lands;
B. All land in each P-C zone, or approved section thereof, shall be held in one ownership or under
unified control unless otherwise authorized by the planning commission, except as provided for
in Section 19.48.160. For the purposes of this chapter, the written consent or agreement of all
owners in a P-C zone to the proposed general development plan and general development
schedule shall be deemed to indicate unified control.
2
/1,8
C. All }8:ftd m eaeh P C zone, Of aÐ:Y scction thereof, shall bc sHbject to the rcqtlÍfcment that
adequate land be dcsigBftted fer" COmmtiltÌt)' pti1'pesc facilities", 8:3 defmed m SCetiOIl
19.04.055. A toœl of 1.39 seres of Ilet usable hmd (mc1udmg setbaeksO per 1,000 populatioll
COftHBuftit)' shftll be so desigBated fer such faeilities Hi afiY plsftflcd eoffiffiumty, imd shaH be so
desigBftted Hi the See-tieBB1 Pl8ftfli~ Arca (SPA) Plafi(s). fer eaeh p}aflfled eoßll1iuftÌty. This
toœl acreage requÌfemeftt mft.)" be redtleed omy if thc City Cmmeil detefffiiflcs, ÏÐ. eoÐ.juRctiofi
with its adoptioll of a SPA Plafi, tlHlt a lesser amOtifit 6f land is æeded, b8:3ed OR availabilit). of
shared þarkiflg with other facilities, er othcr eomfilultÌt)° þa1'pose facilities that arc guarameed to
be mft.de a'¡ailable to the eoIDmumty. AJiY shared þarkÏftg arYafigemeftts þUYStlaftt to this scctiofi
shall be gtiarafiteed rcgardless of aBj' future ehafiges ÏÐ. oeetlpaney of facilities.
(Ord 2673, 1996; Ord 2452A §2, 1991; Ord 1854 §5 (part), 1~79; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord
1212 §1 (part), 1969; prior code §33.520(B)).
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19.48.030 Application-Method-Documents required.
A P-C zone may be initiated by one or more owners, by a developer representing said owners
or by the city upon application made in the manner specified in this chapter. (Ord 2673, 1996; Ord
1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §1 (part), 1969;
prior code §33.520(C)(Part)).
19.48.040 Application-~neral development plan required-Contents required.
A. The application shall include a general development plan which shall consist of a plan diagram
and text. The application shall be accompanied by the Required Fee(s). The plan diagram shall
show the following:
1. The topographic character of the land;
2. Any major grading intended;
3. The general location of all existing and proposed uses of the land;
4
17~/O
4. The approximate location of all traffic ways; except those solely serving abutting uses;
5. Any public uses, such as schools, parks, playgrounds, open space and undisturbed
natural land; and,
6. The approximate location of different residential densities of dwelling types.
B. The application shall include a text which indicates:
1. Description of the project, including the boundaries and names of proposed sectional
planning areas;
2. The anticipated sequential development of each section of the development for which
specific uses are intended or for which sectional planning area plans will be submitted;
3. The approximate area of each sectional planning area of the development and the area of
each separate land use;
4. For residential development or residential areas of any P-C zone development:
a. The approximate number of dwelling units proposed by type of dwelling. This
may be stated as a range with maximum and minimum number of units of each
type,
b. The approximate total population anticipated in the entire development and in
each sectional planning area. This may be stated as a range with a maximum and
minimum number of persons,
c. The general criteria relating to height, open space, and building coverage,
d. The number of dwelling units per gross acre proposed for each sectional planning
area of the development,
e. The approximate land area and number of sites proposed for public use of each
type,
f. Where appropriate, the approximate retail sales area space in square feet and
gross area in acres proposed for commercial development with standards of
off-street parking and landscaping and circulation for vehicles and pedestrians;
5. For commercial or industrial areas of any proposed P-C zone:
a. Types of uses proposed in the entire area and each sectional planning area
thereof,
5
11'-//
b. Anticipated employment in the entire development and in each sectional planning
area thereof. This may be stated as a range,
c. Methods proposed to control or limit dangerous or objectionable elements, if any,
which may be caused or emitted by propgsed uses. Such dangerous or
objectionable elements may include fITe, explosion, noise or vibration, smoke,
dust, odor, or other form of air pollution, heat, cold, dampness, electric or other
disturbance, glare, liquid or solid refuse or waste or other substance, condition or
element which might adversely affect the surrounding are~,
d. The approximate standards of height, open space, buffering, landscaping,
pedestrian and vehicular circulation, off-street parking and loading proposed for
the intended structures or uses;
6. For institutional, recreational or other nonresidential uses of any P-C zone:
a. Approximate types of uses proposed in the entire area and each sectional planning
area thereof,
b. Significant applicable information with respect to enrollment, residence,
employment, patients, attendance, and other pertinent social or economic
characteristics of development,
c. The approximate standards of height, open space, buffering, landscaping,
pedestrian and vehicular circulation, off-street parking and loading, proposed for
the intended structures or uses.
d. Determination of the amount of acreage required to be designated for
"community purpose facilities" pursuant to Section 19.48.~(c).IIIll'§~
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, .. -;_.,...","~k.""fM.- " i<Ø_"f¡ "'WfM." .. ~_A,i% . .... ..,,'" '~.. ""
öIr~~ãh¥Oíìèl¡G D R) JisTd êêñfeø,'mr--.tÕ" ;riãfé;1.fft'thé1DkeCtõf~f
¡¡£m'_,",' .. "_""2!!f;""'*,ff"""""""~"A;b....,.'_.#'k""..",..,.t,w"Ú";"'A'!E!PJ'_,%:ei.c;""",;...;.;,.\~m""""diØi¡¡_j#kbM;;whØ"'-
BJã1fmn ii
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(Ord 2506 §1 (part), 1992; Ord 2452A §3, 1991; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part),
1970; Ord 1212 §1 (part), 1969; prior code §33.520(C)(1)).
6
/7-/"
19.48.050 Findings required for recommendation of establishment.
The planning commission, after public hearing as provided in Sections 19.12.010 through
19.12.110 of this title, may recommend the establishment of a P-C zone; provided it finds that the facts
submitted with the application and presented at the hearing es~blish by clear and convincing evidence
that:
A. The proposed development as described by the general development plan is in conformity with
the provision of the Chula Vista general plan.
B. A planned community development can be initiated by establishment of specific uses or
sectional planning area plans within two years of the establishment of the planned community
zone.
C. In the case of proposed residential development, that such development will constitute a
residential environment of sustained desirability and stability; and that it will be in harmony
with or provide compatible variety to the character of the surrounding area, and that the sites
proposed for public facilities, such as schools, playgrounds and parks, are adequate to serve the
anticipated population and appear acceptable to the public authorities having jurisdiction thereof.
D. In the case of proposed industrial and research uses, that such development will be appropriate
in area, location, and over-all design to the purpose intended; that the design and development
standards are such as to create a research or industrial environment of sustained desirability and
stability; and, that such development will meet performance standards established by this title.
E. In the case of institutional, recreational, and other similar nonresidential uses, that such
development will be appropriate in area, location and over-all planning to the purpose proposed,
and that surrounding areas are protected from any adverse effects from such development.
F. The streets and thoroughfares proposed are suitable and adequate to carry the anticipated traffic
thereon.
G. Any proposed commercial development can be justified economically at the location(s) proposed
and will provide adequate commercial facilities of the types needed at such proposed location(s).
H. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with said development.
(Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord 1212 §1 (part),
1969; prior code §33.520(C)(2)).
19.48.060 P-C zone-Planning commission action.
Following a public hearing, and upon making the required fmdings, the planning commission
11;'/3
shall make a recommendation to the city council for approval or modified approval of a proposed P-C
zone, and shall also adopt a resolution recommending that the city council adopt the general
development plan as submitted or as modified. Such recommendation and the recommended general
development plan shall be forwarded to the city council for its consideration. If unable to make the
required findings, the planning commission shall deny said application. An appeal from the action of
the planning commission may be filed in accordance with Section 19.12.110. (Ord 1854 §5 (part),
1979; ard 1826 §1 (part), 1978; ard 1281 §2 (part), 1970; ard 1212 §1 (part), 1969; prior code
§33.520(D».
19.48.070 P-C zone-City council action-Compliance with general development plan required.
Upon receipt of a recommendation by the planning commission for approval or modified
approval of any P-C zone, the city council shall set a public hearing on the matter.
A. Following its public hearing, the city council may adopt an amendment to the zoning ordinance
establishing a P-C zone, or may deny the proposed amendment. The city council shall make no
modification of the proposed amendment as recommended by the planning commission unless
and until such modification has been referred to the planning commission for additional study,
report and recommendation. Such additional study, report and recommendation shall be made
by the planning commission within forty days of the date of the referral, unless and except as
the city council may grant the planning commission additional time for its review of the matter.
B. At the time of adoption of a P-C zone amendment, the city council shall adopt, by resolution,
the general development plan as derIDed in Section 19.48.040, except as provided for in Section
19.48.160.
C. Following the adoption of the P-C zone amendment and the general development plan, all
development within the district shall thereafter be in substantial conformity with the adopted
general development plan or such modifications thereto as may have been approved.
(Ord 2673, 1996; Ord 1854 §5 (part), 1979; Ord 1826 §1 (part), 1978; Ord 1281 §2 (part), 1970; Ord
1212 §1 (part), 1969; prior code §33.520(E».
19.48.080 General development plan-Modification requests and procedures.
A. From time to time it may be necessary and desirable to modify the approved general
development plan. Modification of such a plan may be initiated by the property owner, his
authorized agent or developer.
B. Requests for modifications shall be submitted to the planning commission on a prescribed form
and shall be accompanied by such additional maps, statements, or other information as may be
required to support the proposed modification and the Required Fee(s).
C. The planning commission shall conduct a public hearing on all proposed modifications. The
¡/'¡et
planning commission may recommend approval, conditional approval, or denial of a proposed
modification to the city council, which shall conduct a public hearing thereon.
D. Modification to an approved general development plan shall be made only by resolution of the
city council. Within thirty days after receipt of a reco~endation from the planning
commission, the city council shall approve or deny the proposed modification.
(Drd 2506 §1 (part), 1992; Drd 1961 §1 (part), 1982; Drd 1854 §5 (part), 1979; Drd 1826 §1 (part),
1978).
19.48.090 Sectional planning areas and sectional planning area plans- Requirements and
content.
A. All P-C zones shall be divided into sectional planning areas, except as provided for in Section
19.48.160. These areas of subcommunities shall be depicted on the plan diagram of the general
development plan of a P-C zone, and shall be addressed in the text thereof.
B. Sectional planning areas shall be composed of identifiable planning units, within which common
services and facilities, a strong internal unity, and an integrated pattern of land use, circulation,
and townscape planning are readily achievable. Webre practicable, sectional planning areas
shall have discernible physical boundaries.
C. Prior to any development within a sectional planning area, the developer shall submit a sectional
planning area plan, accOmpanied by the Required Filing Fee(s), and a completed, official
application, to the planning commission for public hearing, consideration, and recommendatory
action, unless such sectional planning area plans are not required by the text of an adopted
general development plan. The sectional planning area plan shall include the following site
utilization plan and documents.
1. A site utilization plan of the sectional planning area at a scale of one inch equals two
hundred feet minimum or as determined by the director of planning. The plan shall
extend a minimum of three hundred feet beyond the boundaries of the sectional planning
area and show the following:
a. The boundaries of the sectional planning area;
b. North arrow and scale;
c. Preliminary grading (including slope ratios and spot elevations where
appropriate) ;
d. Existing and proposed streets (This shall include all public and private streets as
well as their approximate grades and typical widths. The names of the existing
streets shall be indicated);
9
/7-/S
e. Existing easements (identify);
f. Existing and proposed riding and hiking trails;
g. Existing and proposed bicycle routes;
h. Pedestrian walks;
1. Permanent physical features (i.e., water towers, transmission towers, drainage
channels, etc.);
J. Land uses (include the acreage of each) for;
(1) Parks,
(2) Open space,
(3) Schools (indicate type),
(4) Public and quasi-public facilities (include type),
(5) Residential:
Dwelling type (i.e., single family, duplex, attached, etc.)
Lot lines
Lot size
Number of units (indicate density for each dwelling type)
Parking (covered or open parking and parking ratio)
Typical floor plans and site plans at a minimum scale of one inch equals
twenty feet. (The site plan shall include sufficient detail of adjacent
development to determine the relationship of driveways, landscaping,
walks, buildings, etc.)
The building elevations of each type of structure (including exterior colors
and materials)
(6) Commercial:
Location and proposed use of each structure;
The building elevations and floor plans of each structure (include exterior
colors and materials)
10
11~/ltJ
Retail floor area (square footage)
Landscaped areas
Circulation (vehicular and pedestrian)
Off-street parking (standards and ratio)
(7) Industrial:
Location and proposed use of each structure;
The building elevations and floor plans of each str.ucture (include exterior
colors and materials)
Retail floor area (square footage)
Landscaped areas
Circulation (vehicular and pedestrian)
Off-street parking (standards and ratio)
(8) Community Purpose Facilities:
Location and acreage of sites, in conformance with Section 19.48.020C.
A specific listing of types of uses to be included in this category, which
are compatible with the permitted uses in the planned community.
~4êMèl(f"'=~~~1(1.SltÜì~J~Tm~~t1>1ìé~
,,~ ,%_~e.. '^'",,< '1" '^ <-",'¡ÆwlM: , "~!JI_",, " , ¡¡¡¡¡¡¡¡¿;j%j,¡¡¡-J!!
fib()'l1"§mti~Q~;
__","""""P4-' '-',,"f-
As to 8:l'iY la:nd USCg desigooted OIi the scetioBaI plmmmg Mea plan for use
as eommunity purpose faeilitics:
(a) CoIiditioIial Il'iterim Uses Pcrmitt-ed f..fier 5 YeMs. Thc eity
council, lipOIi reeciv~ the ad'liee and rccommeftdatioIi of the
planning commissioIi, may, after five (5) yeMs ef Ii6ft 1:13e as a
eommtmit)" purpose facility after the iss1:1ance ef the first eertificate
of oeet:lpfl::l'iey OIi a struettlfe iIi SPA Plan areas, m accordfl:ftee '.vtth
the proeedmes for issuance of eoftditioftftl use permits eeMa:med m
Chapter 19.14 of this Code, eoftditioIially permit iBterim,
1i0ft peIDlaHCl'it, l'iOl'i residefttial uses which MC Ii6t eoffiftl1:1H:Íty
purpose facility uscs that emmeil fmds (1) the mterim use to be
eompati-blc with the 3tlfroul'idiIig lmd uses (2) that the eoffifiiuH:Íty
purposc faeiliaty 1:1se is 1i0t immiHcntly likely; aJ:ld (3) that deÐ:Íal
of an interim 1:1SC ';.'ould constitute a further hardship to thc
hmdo'.vfter. If fI::l'i iBterim use is permitted by the city eO1:lIleil, it
shall Íft liD evcnt be termiftablc withm said 5 year period upOft olie
year 's advance l'ioticc of mtcl'it to terminate said coftditiollfll use
pcrmit by the city c61:ll'icil. Cit)" council shall give such ORe ycar
BOtiCC UpOft being advised of a salc or leasc by the OWRer to
purchaser or tel'ifl:ftt for UgC ag a eoffiffitlnity ptlrpOgC facility"
(b) Review by City Council. Por each approvcd seetioool plamiiRg
area plfl::l'i OR which ig designated one or more commu1ìit)" þtlrp6se
11
/ 1;~/7
facility USCg, city council shall re-lic',\' said plMi 81Hiually fer the
purposc of detcfflllR1Rg thc actual ffiftfket interest m !hc plircfta:sc
Of leasc of 18ftd so designated Mid thc ma-rketmg activit)' associated
therewith,
2. Development standards (i.e., permitted land uses, lot coverage, height and bulk
requirements, signs, etc.) for each land use area" and designation.
3. Development to occur in phases shall be so indicated on the plan. A skeletal plan shall
be prepared for those areas indicated for future development. The skeletal plan shall
indicate circulation, building locations, preliminary grading, areas devoted to
landscaping, density and parking. The submission of each subsequent phase will require
a new application and the required fee(s) for a modification of a sectional planning area
plan, together with the required detail plans.
(Ord 2673, 1996; Ord 2506 §1 (part), 1992; Ord 2452A §4, 1991; Ord 1961 §1 (part), 1982; Ord 1854
§5 (part), 1979; Ord 1826 §1 (part), 1978).
/1311
RESOLUTION NO. PCM-98-25
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS
TO CHAPTERS 19.04, DEFINITIONS, AND 19.48, P-C PLANNED
COMMUNITY ZONE, OF THE CHULA VISTA MUNICIPAL CODE RELATING
TO COMMUNITY PURPOSE FACILITIES
WHEREAS, a duly verified application for an amendment to the Chula Vista Municipal
Code was filed with the Planning Department of the City ofChula Vista on January 12, 1998 as a
co-sponsored application between The Eastlake Company and the City ofChula Vista ("Applicant");
and,
WHEREAS, said application requests certain amendments to Chapter 19.04, Definitions, and
19.48, P-C Planned Community Zone, in order to add the recreational ball fields land use to the
Community Purpose Facilities (CPFs) definition listed in Section 19.04.055; and to create a new
section titled "Community Purpose Facility - Minimum Acreage Required - Permitted Uses (Section
19.48.025) in Chapter 19.48, P-C Planned Community Zone and to require a conditional use permit
for uses in CPF land use districts; and,
WHEREAS, the Environmental Review Coordinator has determined that the project is
exempt from environmental review under CEQA as a Class 4(a) and 4(b) exemption; and,
WHEREAS, the Planning Director set the time and place for a hearing on the proposed SPA
plan amendments and notice of said hearing, together with its purpose, was given by its publication
in a newspaper of general circulation in the City at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.,
March 25, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and
said hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends that the City Council adopt the attached draft City Council Resolution approving
certain amendments to Chapters 19.04 and 19.48 of the Chula Vista Municipal Code pertaining to
Community Purpose Facilities in accordance with the findings contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 8th day of April, 1998, by the following vote, to-wit:
AYES: Commissioners Aguilar, Davis, O'Neill, Tarantino, Thomas, Willett
l7-'/9
NOES: None
ABSENT: Commissioner Ray
Patty Davis, Chair
ATTEST:
Diana Vargas, Secretary
/1-d-.O
AT/A C-H /fA e:. ¡{) T R..
MINUTES OF THE
CITY PLANNING COMMISSION OF
CHULA VISTA, CALIFORNIA
Council Chambers
7:00 p.m. Public Services Building
Wednesday, April 8, 1998 276 Fourth Avenue, Chula Vista
ROLL CALl! MOTIONS TO EXCUSE:
Present: Chair Davis, Commissioners Aguilar, Willett, Tarantino,
Thomas and O'Neill
Absent: Commissioner Ray
Staff Present: Ken Lee, Assistant Planning Director
Rick Rosaler, Principal Planner
Patty Nevins, Acting Associate Planner
Ann Moore, Assistant City Attorney
MSC (Willett/O'Neill) (5-0-1-1) to excuse Commissioners Ray who called in to say he was
detained at work and would not be able to attend the meeting. Motion carried.
PLEDGE OF ALLEGIANCE/SILENT PRAYER
INTRODUCTORY REMARKS: Read into the record by Chair Davis
APPROVAL OF MINUTES: March 11, 1998 and March 25, 1998
MSC (Willett/O'Neill) (5-0-1-1) to approve minutes of March 11, 1998 as presented. Motion
carried, with Commissioner Thomas abstaining.
MSC (Willett/O'Neill) (4-0-1-2) to appove minutes of March 25, 1998 as presented. Motion
carried with Commissioners Aguilar and Thomas abstaining.
ORALCOMMUNICA TIONS: None
1. PUBLIC HEARING: PCM-98-25; Amendment to chapters 19.04, Definitions, and j19.48,
P-C Planned Community Zone of the Chula Vista Municipal Code
pertaining to Community Purpose Facilities - The Eastlake Company
and the City of Chula Vista.
Background: Patty Nevins, Acting Associate Planner, reported that the application submitted
by Eastlake and co-sponsored by the City of Chula Vista proposes to amend the Municipal
Code and allow expanding the definition of Community Purpose Facilities to allow
recreational playing fields, consolidation of CPF requirements and conversion of the list of
perm itted uses into conditional uses, and establish criteria to limit the percentage of the
required CPF acreage that may be used for open recreational fields.
11-~1
Planning Commission Minutes - 2 - April 8, 1998
The proposed amendments arose through the course of discussions between City staff and
representatives of The Eastlake Company regarding the need for more recreational ball field
facilities in the eastern area of the City. There is a recognized shortage ofthese facilities and
staff and representatives of Eastlake desired a method of addressing the shortage by providing
more active areas for the sports leagues that were seeking them.
Specifically, the proposed amendment are:
- modification of the definitions to add recreational ball fields as a typical use.
- modification of Chapter 19.48 PC Planned Community Zone, to consolidate the
regulations pertaining to CPF's into one section.
- modification of Chapter 19.48 to require a conditional use permit for all CPF uses and
to require that a CPF Master Plan be incorporated into the General Development Plan
prior to approval of ball fields.
The addition of recreational ball fields as a use may be considered within the CPF land use
district would fulfill an acknowledged community need in the eastern area of the City. As
proposed, it would not replace park uses with CPF uses, but rather, would be a recreational use
that is owned and operated by a non-profit entity just as any other CPF use is.
Staff was concerned with a limitation on recreational ball fields so that they would not preclude
other types of CPF uses that are desirable as well. In order to provide an arena that limitation,
we have included a section that requires a CPF Master Plan be provided and incorporated into
a General Development Plan to limit the allowed acreage for recreational ball fields within the
Master Plan to 25 %.
The proposed recreation ball fields differ significantly from other CPF uses in that it would be
an outside use and would not involve construction of a building. As such, this may present
more impacts upon adjacent properties with respect to noise and visual issues. It is staff's
opinion that these items can be addressed through the Conditional Use Permit process. Most
of the uses are provided for do have the potential for more impact and for that reason staff
changed the permitted uses list to a list of conditionally permitted uses and propose that all uses
in a CPF district would require a CUP.
Staff Recommendation: That Planning Commission adopt resolution and recommend to
Council the adoption of the ordinance approving amendments to Municipal Code Chapter
19.04 Definitions, and Chapter 19.48 P-C Planned Community Zone.
Commission Discussion:
Commissioner Tarantino asked if any provisions had been made to advise prospective
homeowners of the intended land use being a recreational field, rather than some other
kind of use.
Mr. Lee responded that this type of disclosure would fall under the purview of the developer's
sales representatives when discussing and identifying the CPF sites with prospective buyers.
l1-~~
Planning Commission Minutes - 3 - April 8, 1998
Commissioner Aguilar asked why existing park land requirement standards are apparently not
creating an adequate number of ball field facilities in the eastern portion of the City.
Ken Lee responded that the City is limited by State law and are at the maximum right now and
cannot require any more park land than is presently being required.
Public Hearing Opened 7:22
Bruce Sloan, The Eastlake Development Company, 900 Lane Avenue, Chula Vista, CA
addressed the commission and stated he supports staff recommendation and was there to
answer any questions from the Commission.
Public Hearing Closed 7:25.
MSC (Thomas/Willett) (6-0-1) to approve PCM-98-25 as presented. Motion carried.
2. PUBLIC HEARING: PCM-98-03; An amendment to the Sunbow II Sectional
Planning Area (SPA) plan consisting of the incorporation of an
Air Quality Improvement Plan and a Water Conservation plan
into the SPA plan for the Sunbow II Planned Community -
Ayres land Company.
Back und: Patty Nevins, reported that in 1990 the City Council approved the Sunbow II
GDP an A plan. Later that year Council also approved the Master Tentativ Map for this
planned com ity. In 1993 Council approved a 1-year extension with ad . 'onal conditions
of approval to ref changes in the Municipal Code, City policies, the newly adopted
Growth Management n. One of the conditions required the ap . ant to prepare and obtain
City Council approval of Water Conservation and Air Q (ty Improvement Plan for the
planned community prior to a roval of the first final m
The Air Quality Improvement Plan is i nded to aress air quality issues associated with new
development. "The Sunbow II AQIP not t the proposed project will impact air quality
primarily through construction phase a . iti and vehicular traffic generated by residential
uses via commuting, shopping, or er perso I travel. Mitigation measures have been
included in this plan to addr air quality impa sources and are grouped into three
categories: construction i ct measures; vehicle trip eduction; and energy conservation
measures.
Some of miti 've measure would include:
- e uraging the provision of shower and locker facilities for II business park uses;
- aesignating a rideshare/environmental coordinator for Sunbow
ensuring availability of more than two lines to each home for in-hom
telecommunicating needs;
- installation of energy efficient landscaping;
- utilization of energy efficient lighting; and others.
/1,;;13
-.
.APPENDIX B
.- "lHE CITY OF CHuLA VISTA DIsa..üSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or financial interests. payments. or campaign
contributions. on all matters which will require discretionary action on tbe part of tbe City Council. Planning Commission. and
aU other official bodies. The following information must be disclosed:
1. List the names of all persons having a financial interest in tbe property whicb is tbe subject of tbe application or tbe
01/; contract. e.g., owner, applicant, contractor, suboontractor, material supplier.
THE EASTLAlΠCOMPANY - T.T.C'.
a Limited Liability Company
I..
I'
2. lC any person- identified pursuant to (1) above is a corporation or partnership, list the names or all individuals owning
moãe than 10% of the shares in the corporation or owning any partnership interest in the partnership.
n/a
3. If any person- identified pursuant to (1) above is non-profit organization or a trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trusL
n/a .
4. Have you had more than $150 worth of business transacted with any member of the City staff, Boards, Commissions,
Committees, and Council within the past twelve months? Yes- No-xx If yes. please indicate person(s):
I
s. Please identify each and every person, including any agents, employees. consultants, or independent contractors who
you have" assigned. to œpresent you before the City in this matter. '
-.
Bruce Sloan, The EastLake ComDany
6. Have you and/or your officers or agents, in the aggregate, contnõuted more than $1,000 to a CounåImember in the
current or p~i~ election period'! Yes~ Nog If yes, state which Councilmember(s):
. . . (N~ Aøå~. fI81I'S ~ ~ ~
Date: 4/2./91;;
I I Signature of contradorlappliant
Bruce N. Sloan
... . . ..... . . .. . . /1... À 'f Print or type ..- <If COøtøclOr/app1ic:an1
- .._~--!... .I..L...-..r- ..._.:-..I:..:""'..J I:-~. -"~iIøOCÍ~"'I,»døIdMb,{nIIemtIl~cDtpDl'tllÍDft.af4ItC;m.ar,nøiwr;~
CITY COUNCIL AGENDA STATEMENT
Item /[/
-
Meeting Date 4/28/98
ITEM TITLE: PUBLIC HEARING: PCM -98-03; An amendment to the Sunbow
II Sectional Planning Area (SPA) plan consisting of the incorporation of
an Air Quality Improvement Plan and a Water Conservation Plan into the
SPA Plan for the Sunbow II Planned Community- Ayres Land Company
RESOLUTION /?t ~Zr~g amendments to the Sunbow II Sectional
Planning Area Plan consisting of the incorporation of an Air Quality
Improvement Plan and a Water Conservation plan into the SPA plan for
me Sunbow II Planned C~ty
SUBMITTED BY: Director of Planning ~ \
REVIEWED BY: City Manager4- ß 4/5ths Vote:(Yes_NoXl
As required by condition No. 93 of the Sunbow II Tentative Subdivision Map (Chula Vista Tract
90-07) conditions of approval, the applicant has submitted a SPA Amendment application to
incorporate Air Quality Improvement and Water Conservation Plans into the previously adopted
Sunbow II Sectional Planning Area (SPA) plan.
The Environmental Review Coordinator has determined that the project is statutorially exempt
from environmental review as a planning feasibility study.
BOARDS/COMMISSIONS RECOMMENDATION
At its April 8, 1998 meeting, the Planning Commission voted 6-0 to recommend approval of the
proposed amendment.
RECOMMENDATION
That the City Council adopt and incorporate into the previously adopted Sunbow II SPA plan
the attached Air Quality Improvement Plan and Water Conservation Plan, in accordance with
the findings and subject to the conditions contained in the attached draft City Council Resolution.
/í5/ /
Page 2, Item
Meeting Date 4/28/98
DISCUSSION
Background - Sunbow II
The Sunbow II planned community consists of 601 acres including 340 acres of residential (1946
dwelling units), 11 acres of commercial and 46 acres of industrial land, an elementary school
site, and approximately 200 acres of open space (see Exhibit "A" attached).
In 1990 the City Council approved the Sunbow II General Development Plan and Sectional
Planning Area (SPA) plan. Later that year the Council also approved the Master Tentative Map
for this planned community. In 1993, the City Council approved a one-year extension with
additional conditions of approval to reflect changes in the Municipal Code, City policies, and
requirements for planned communities prescribed in the (at that time) newly adopted Growth
Management Program. One of the added conditions, condition No. 93, required the applicant
to prepare and obtain City Council approval of a Water Conservation and Air Quality
Improvement Plans for the planned community prior to approval of the first final map. In 1994
the tentative map expiration date was further extended by State Senate action for an additional
period of three years. During this period, the project remained inactive and land ownership
changed.
In 1997, prior to the new expiration date, the new land owner complied with the majority of the
tentative map conditions of approval to obtain approval of the first final map (330 units).
However, due to timing contraints related to obtaining final map approval prior to the expiration
date, the applicant was not able to prepare and obtain approval of the Air Quality and Water
Conservation plans as required by condition #93. With staff concurrence, the condition was
incorporated in the final map's supplemental subdivision agreement which moved the obligation
from prior to approval of the first final map to prior to approval of the first building permit.
Proposal
The request is for approval of an Air Quality Improvement Plan and a Water Conservation
Plans for Sunbow II.
Analysis
Air Quality Improvement Plan
The Air Quality Improvement Plan is intended to address air quality issues associated with new
development by quantifying the impacts of the proposed development and then providing
measures that can help mitigate the impacts of the development on air quality. The plans are
to be provided with a SPA plan or, if no SPA plan is required, with a tentative subdivision map
for all major development projects (50 dwelling units or greater, or commercial and industrial
projects with impacts equivalent to the 50 dwelling units).
I?/ d-
Page 3, Item
Meeting Date 4/28/98
The Sunbow II AQIP (see Exhibit "B") notes that the proposed project will impact air quality
primarily through construction phase activities and through the vehicular traffic generated by
project residents via commuting, shopping, or other personal travel. Commercial and industrial
uses are generally considered "indirect sources" - that is, they are traffic generating, but for the
most part do not themselves generate pollution as do the residentially generated vehicle trips.
To a much lesser degree, stationary source emissions (project-related energy consumption) can
also impact air quality.
As noted in the AQIP, the greatest impacts will be created by residential traffic. Construction
impacts to air quality will also occur, primarily during excavation, grading, and site preparation;
specific emissions are detailed in Table 3.1
Mitigation measures have been included in the AQIP to address the above-mentioned air-quality
impact sources. These mitigation measures have been grouped into three categories:
construction impact measures, vehicle trip reduction, and energy conservation measures.
Typical construction measures deal with minimizing dust and dirt track-out from the project
site. Specific mitigation measures have been provided for construction, such as watering as
necessary to prevent dust clouds, watering of disturbed areas and/or establishing vegetation on
same, and covering haul trucks to reduce blowoff during hauling, and washing measures to
reduce tracking onto public streets. The measures provided are already being utilized, either
as environmental mitigation measures or safety measures; therefore, it is not necessary to amend
existing documents in order to implement them.
Many of the vehicle trip reduction measures provided are a function of the project design already
in place, such as reserving area for future transit stops and providing bicycle paths. However,
additional measures which will be incorporated into the Sunbow II Design Guidelines include:
1. Encourage the provision of shower and locker facilities for all business park uses
with building sizes exceeding 12,500 square feet
2. Develop a business park transportation management agency once business park
development reaches a sufficient scope of development to provide an adequate
participant pool for optimizing non-SOY commuting options.
3. Designate a rideshare/ environmental coordinator for Sunbow II to disseminate
information on ridesharing/mass transit opportunities, recycling, and energy
conservation for employees and residents within the development
4. Ensure the availability of more than two lines to each home for in-home offices
and other telecommuting needs
Lastly, energy consumption conservation measures have been included. These measures, which
will also be incorporated into the Sunbow II Design Guidelines, include:
1. Incorporate enhanced energy conservation features in excess of the minimum
requirements of Title 24 of the California Code of Regulations
Jg/;J
Page 4, Item
Meeting Date 4/28/98
2. Install energy efficient landscaping in all development common areas
3. Utilize passive design concepts that make use of the naturally mild climate to
increase energy efficiency
4. Utilize energy -efficient lighting
5. Provide a water and electrical connection that may be accesssed for solar-assisted
water heating for domestic or pool/spa uses
6. Provide a gas connection to fireplaces to encourage use of log lighters or artificial
fireplace logs
7. Provide an outside natural gas connection to encourage use of gas-fired
barbecues.
Since the tentative map for Sunbow II is already approved and the project design has already
been determined, air quality measures have been provided which can be implemented mid-way
through project development. These measures do so effectively and are consistent with measures
provided in AQIPs for other projects. Staff recommends that Sunbow II Design Plan be
updated, where applicable, to reflect the mitigation measures and to ensure their implementation.
Water Conservation Plan
The purpose of the Water Conservation Plan is to require each developer to prepare a water
use/conservation report providing an analysis of water usage requirements of the proposed
project as well as a detailed plan of proposed measures to reduce water demand.
The Sunbow II Water Conservation Plan (see Exhibit "C") provided consists of a report for
Sunbow II originally conducted in 1990, and an addendum to that report. It should be noted that
the Subarea Water Master Plan referenced in the report has, since the writing of the addendum,
been approved by the Gtay Water District.
Together, the 1990 Water Conservation plan and the 1997 Addendum provide a number of
options for water-conserving devices. These are primarily residentially-oriented devices which,
according to the report, can result in a water savings of 121.4 gallons per household per day.
For example, installation of specific low-flow and efficient plumbing devices as well as drought-
tolerant and water-efficient landscaping devices will allow residents to cut water usage by
approximately one-third compared to traditional usage.
A number of these measures are now standard Uniform Building Code requirements which are
already being implemented through the building permit process. Those measures which are not
will be incorporated into the SPA plan Design Guidelines. These include:
1. Use of water efficient appliances such as dishwashers and washers
/ !)--r
Page 5, Item
Meeting Date 4/28/98
2.Installation of low water-use landscaping
3. Use of soil moisture sensors
4.Use of reclaimed water, where approved by the appropriate agencies
Staff finds the measures provided in the Water Conservation Plan to be in keeping with the
measures provided by previous projects. As with the AQIP, it is staff's recommendation that
the applicant be required to update the SPA plan Design Guidelines to incorporate new measures
into that document and ensure that they will be implemented.
Conclusion
With the adoption of the Air Quality Improvement Plan and the Water Conservation Plan, the
Sunbow II SPA plan would be in substantial compliance with the Chula Vista Municipal Code,
the Growth Management Ordinance, and other adopted City policies. Thus, staff recommends
approval of the proposed Air Quality and Water Conservation Plans, PCM -98-03, in accordance
with the attached draft City Council Resolution and subject to the conditions contained therein.
FISCAL IMPACT
The applicant has submitted a deposit to cover all costs associated with processing this
application.
Attachments
1. Planning Commission i
2. Planning Commi .".../.
3. Disclosure
~~ -_._'~
(M\home \planning\patty\pcm9803. rep)
,....-----
Ii" r};;
RESOLUTION NO. ) í597~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN AMENDMENT TO
THE SECTIONAL PLANNING (SPA) AREA PLAN FOR
SUNBOW II CONSISTING OF THE INCORPORATION OF
AN AIR QUALITY IMPROVEMENT PLAN AND A WATER
CONSERV ATION PLAN INTO THE SPA PLAN
1. RECIT ALS
A. Project Site
WHEREAS, the property which is the subject matter of this resolution
is diagrammatically represented in Exhibit "A" attached hereto and
incorporated by this reference, identified as the Sunbow II planned
community, ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for an amendment to the
Sunbow II Sectional Planning Area (SPA) plan, consisting of the
incorporation of an Air Quality Improvement Plan and a Water
Conservation plan into the SPA plan, was filed with the Planning
Department of the City of Chula Vista on July 29, 1997 by Ayres Land
Company ("Developer"); and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject
matter of a General Development Plan, Sunbow II previously approved
by City Council Resolution No. 15427 ("GDP") and the Sunbow II
Sectional Planning Area Plan previously adopted by City Council
Resolution No. 15524, both approved on February 20, 1990; and the
Sunbow II Tentative Subdivision Map (CVT 90-07) previously
approved by City Council Resolution No. 15640 on May 22, 1990; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public
hearing on said project on April 8, 1998, and voted 6-0 to recommend
that the City Council approve the Project, based upon the findings
listed below.
/~-t
E. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing was held before
the City Council of the City of Chula Vista on April 28, 1998, on the
Discretionary Approval Application, received the recommendations of
the Planning Commission, and heard public testimony with regard to
same; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
find, determine and resolve as follows:
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission
at their public hearing on this project held on April 8, 1998, and the minutes
and resolutions resulting therefrom, are hereby incorporated into the record of
this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determined that this project is
statutorily exempt from environmental review as a planning feasibility study.
IV. SPA FINDINGS
A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN
CONFORMITY WITH THE SUNBOW II GENERAL
DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL
PLAN.
The amendments incorporate an Air Quality Improvement Plan and a
Water Conservation plan into the Sunbow II Sectional Planning Area
Plan. These plans have no impact on the Sunbow II General
Development Plan and the Chula Vista General Plan, which reflects the
same land uses, circulation system, and public facilities that were
originally adopted.
B. THE SUNBOW II SECTIONAL PLANNING AREA PLAN, AS
AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING
AREA.
The Air Quality Improvement Plan and the Water Conservation Plan
will not affect the sequence of development of the existing approved
SPA Plan.
/Y/?
C. THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN AS
AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND
USE, RESIDENTIAL ENJOYMENT, CIRCULATION, OR
ENVIRONMENTAL QUALITY.
The Air Quality Improvement Plan and the Water Conservation Plan
will positively affect surrounding land uses, residential enjoyment,
circulation, and environmental quality by providing measures utilized to
reduce negative air quality impacts and to improve water conservation.
v. ADOPTION OF SPA AMENDMENT
In light of the findings above, the amended Sunbow II Sectional Planning Area
(SP A) plan consisting of the incorporation of an Air Quality Improvement Plan
and a Water Conservation Plan into the SPA document is hereby approved and
adopted in the form presented and attached as ~nJ..ihitc;¡ "R" HAd "r'~~ubject
to the condition that the applicant shall update the Sunbow II Design
Guidelines to incorporate new mitigation measures identified within the Air
Quality Improvement Plan and the Water Conservation Plan and Addendum
into those Guidelines prior to the issuance of further final maps.
VI. INV ALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term provision and
conditions herein stated; and that in the event that anyone or more terms,
provisions or conditions are determined by a Court of competent jurisdiction to
be invalid, illegal or unenforceable, this resolution shall be deemed to be
automatically revoked and of no further force and effect ab initio.
Presented by Approved as to form by
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Planning Director City Attorney
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Attachment 1
RESOLUTION NO. PCM-98-03
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECO MMEND IN G THAT THE CITY COUNCIL
APPROVE AN AMENDMENT TO THE SUNBOW II SECTIONAL
PLANNING AREA PLAN CONSISTING OF AN AIR QUALITY
IMPROVEMENT PLAN AND A WATER CONSERVATION PLAN
WHEREAS, a duly verified application for an amendment to the Sun bow II
Sectional Planning Area (SPA) plan was filed with the Planning Department of the City
of Chula Vista on July 29, 1997 by Ayres Land Company ("Developer"); and,
WHEREAS, said application requests adoption of an Air Quality Improvement Plan
and a Water Conservation plan ("Project") to be incorporated into the SPA plan; and,
WHEREAS, the Sunbow II planned community is located south of Telegraph
Canyon Road, east of Oleander Avenue; and,
WHEREAS, the Environmental Review Coordinator has determined that the project
is a planning feasibility study and is exempt from environmental review as a statutory
exemption; and,
WHEREAS, the Planning Director set the time and place for a hearing on the
proposed SPA plan amendment and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the city and it mailing to
property owners and tenants within 500 feet of the exterior boundaries of the property at
least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00
p.m., April 8, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFO RE, BE IT RESOLVED THAT THE PLANNING
COMMISSION hereby recommends that the City Council adopt the attached draft City
Council Resolution approving the amendment of the Sunbow II Sectional Planning Area
(SPA) plan consisting of the incorporation of an Air Quality Improvement Plan and a
Water Conservation Plan, in accordance with the findings and subject to the conditions
contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to
the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 8th day of April, 1998, by the following vote, to-wit:
/<;5 / (
AYES: Commissioners Aguilar, Davis, O'Neill, Tarantino, Thomas, and Willett
NOES: None
ABSENT: Commissioner Ray
Patty Davis, Chair
A TIEST:
Diana Vargas, Secretary
/~//Ó
Planning Commission Minutes -3- April 8, 1998
Commissioner Aguilar asked why existing park land requirement standards are apparently not
creati an adequate number of ball field facilities in the eastern portion of the City.
-
Ken Lee respon that the City is limited by State law and are at the right now and
cannot require any m ark land than is presentl equired.
Bruce , e Eastlake Developmen ompany, 900 lane Avenue, Chula Vista, CA
ressed the commission and stated he sup s staff recommendation and was there to
answer any questions from the Commission. '"
"'"......
.,
Public Hearing Closed 7:25. "-"-'"
CO,......
MSC (Thomas/Willett) (6-0-1) to approve PCM-98-25 as presented.~ carried.
-......
2. PUBLIC HEARING: PCM-98-03; An amendment to the Sunbow II Sectional
Planning Area (SPA) plan consisting of the incorporation of an
Air Quality Improvement Plan and a Water Conservation plan
into the SPA plan for the Sunbow II Planned Community -
Ayres land Company.
Background: Patty Nevins, reported that in 1990 the City Council approved the Sunbow II
GOP and SPA plan. Later that year Council also approved the Master Tentative Map for this
planned community. In 1993 Council approved a 1-year extension with additional conditions
of approval to reflect changes in the Municipal Code, City policies, and the newly adopted
Growth Management Plan. One of the conditions required the applicant to prepare and obtain
City Council approval of a Water Conservation and Air Quality Improvement Plan for the
planned community prior to approval of the first final map.
The Air Quality Improvement Plan is intended to address air quality issues associated with new
development. The Sunbow II AQIP notes that the proposed project will impact air quality
primarily through construction phase activities and vehicular traffic generated by residential
uses via commuting, shopping, or other personal travel. Mitigation measures have been
included in this plan to address air quality impact sources and are grouped into three
categories: construction impact measures; vehicle trip reduction; and energy conservation
measures.
Some of mitigative measure would include:
- encouraging the provision of shower and locker facilities for all business park uses;
- designating a rideshare/environmental coordinator for Sunbow II;
- ensuring availability of more than two lines to each home for in-home offices and other
telecommunicating needs;
- installation of energy efficient landscaping;
- utilization of energy efficient lighting; and others.
/?:~/I
Planning Commission Minutes -4- April 8, 1998
Since the Tentative Map for Sunbow II has already been approved, and the project design has
already been determined, air quality measures have been provided which can be implemented
mid-way through project development.
The purpose of the Water Conservation Plan is to require developers to prepare a water
use/conservation reports and detailing measures to reduce water demand.
The 1990 WCP and the 1997 Addendum provide a number of options for water-conserving
measures such as: use of energy-efficient appliances such as dishwashers, installation of low
water-use landscaping; use of soil moisture sensors, and use of reclaimed water where possible.
Staff Recommendation: That the Planning Commission adopt Resolution PCM-98-03
recommending that the City Council adopt and incorporate into the previously adopted
Sunbow II SPA plan the Air Quality Improvement Plan and Water Conservation Plan, in
accordance with the findings and subject to the conditions contained in the Council Resol.
Commission Discussion:
- Commissioner Aguilar stated that as an enthusiastic supporter of construction utilizing
energy-efficient design concepts, she hoped that the developer would implement
construction measures that would take into account such things as climate and
prevailing winds.
Patty Nevins stated that because these measures are not specifically defined, staff would
be looking to the developer to provide measures in the design plan, such as; window
and outdoor area construction, overhangs, and solar panels.
- Commissioner Willett asked what the status was on the connection of reclaimed water
lines in Sunbow II.
Mr. Lee responded that the City has been requiring the reclaimed water lines in all of
the projects and although there are still some missing links, it will be available to all of
the projects within a reasonable period of time. At the present time, Eastlake is taking
all that is produced.
Commissioner Willett recommended a copy of the Sunbow II report be provided to the
GMOC
Public Hearing Opened 7:45
Rod Bradley, BHA, 5115 Avenida Encinas, Carlsbad, CA, representing Ayres Company stated
he is in concurrence with staff's report and urged the commission's approval.
Commissioner Tarantino stated with the Telegraph Canyon Road expansion from two to three
lanes, he noticed that the eucalyptus trees had been cut down in the center median and asked
if there were would be a landscaped median or simply a yellow divider line.
/;5//2
Planning Commission Minutes - 5 - April 8, 1998
Mr. Bradley responded that there would most definitely be a landscaped median with a
selected palette from the City and continuing with the Eastlake theme.
Public Hearing Closed 7:50
MSC (Willett/O'Neill) (6-0-1) to accept staff' report and approve PCM-98-03. Motion carried.
3. PUBLIC HEARING: PCS-97-02(M); Modify Tentative Map conditions of approval
to allow installation of landscaping and irrigation in the
parkways by individual homeowners - McMillin - D.A.
America Otay Ranch LLe.
ed down from the dais due to ~ potential conflict of in~t.
,/
,.-
Background: Rick /
osaler, Principal Planner, reported that th /'applicant is proposing
modification of the con 'tions of approval of the McMillin Otay R ch SPA One Tentative Map
to allow for private ho eowners to install and maintain t parkway landscaping with
enforcement by a master h eowners association through &Rs.
Staff has reviewed the proposa nd believes it has m it, and are recommending that the
installation of the landscaping an 'rrigation be don y the developer. While staff would
prefer the maintenance be done by t e HOA, it is lieved that private maintenance by the
individual homeowners, with the HOA nforcem t of the CC&R's will work. The City will
have the ability, but not the obligation to a 0 en r in to the enforcement of the CC&R's as is
currently a standard practice in the City.
Staff Recommendation: That the Plannin Com ission adopt the resolution recommending
that the City Council adopt resolution approvin ,the modification to condition #86 and
"
condition #2 of the McMillin Otay R ch SPA One Te,~tative Subdivision Map PCS-97-02.
'\,
Commission Discussion:
Commissioner Aguil stated that when this issue was first discussed, she remembers
seeing photographs f parkways that were not being consistently maintained, however,
she could not re mber if these were in development areas that do not have an HOA,
and asked if st could cite other projects in the City which~ave been successful in
having the h eowners maintain the parkway.
\
Mr. Rosal indicated that there are other projects in the City that have been successful,
however, he could not name them, but could review the case file and provide those
names at a later date.
Commissioner Tarantino asked for clarification on who is responsible for installing the
landscaping in the parkways.
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.
.. THE CITY OF CJ-IUL4. ~ A D ISO...OSURE STATEMENT Attachment 3
You are .required ~ rue J1 St~tcmcru of ~X~osur: of a::na~n owncn.bip or fin~nc:ial imeres1S, payments, or c:ampaigJ1
~ntn"baUoas.. on aIi ~ttcrs wbld¡ ~u require ~UODary acUon on tbe part of the City Council, Planning ComJJlis.sjan, and
all 0Iner offic:i.aJ bodu:¡. The rollOWlJIt l%¡[ormauOll must œ disclas.cd:
1. l..íst the nama: of all peIS~m Ilaving a .finand.a1 ínterC$t in tbe property which is tDc saÞject or th~ applicaúon or the
contract, e..g., owner, appþ:anl.. a:JJ1trattor, ~ubCDntIaC:lDr. material .il1pplier.
ACI Sunbow, LLC Lorna Corporation
Ayres Land Company, Inc.
GLV Capital Partners
2. I: any person. ~lified pUl~uant to (1) above is a corporation or pann~íp, list the names of lil! individøa1s owning
mor:: tnan l~ of the sl1aTC5 in the. corpoTmion or ov.'1ling any partnership Ìnterc.'\1 in tbe p~rtne!S.hip.
Ayres Land Company -- Keith J. Horne Lo~a Corporation -- William R. .Haml~
GLV Capital Partners
-- Amanda Gruss ïrust
-- Joshua Gruss Trust
3. If any pemn:"' identified pur>uant to (1) abO\le is non-profn organjzation or a trust, list the namC& of any pcr5On
serving as direcJ.or of the non-profit ofERnization or as trustee or benefictary or trustor of the trust.
GLV Caoital Partners
Amanda Gruss Trust Joshua Gruss Trust
i-\manoa i..:Iruss -- oerJellclary Joshua Gruss -- beneficiary
4. Have you hi(! more than S25O wonb of business transacted with any member of the Cilj' staff, Boanh. Cmnmissions,
Committ.ce:s. and Council within the past !Wel....... months'? y~- No~ If y~, please indicate peJSOu(s): -
5. Please identify each ànci ever:: person, including 3h'j agents, emp.~, consultan'lf.. or independent conm:tors who
yon have. assipted to reprcscttl you before the City in tÌ1ß matter.
Keith J. Horne Ron Holloway
William R. Hamlin Charles R. Gill, Esq.
Rod Bradley Samuel M. Holty
6. Have: :you and/or your officeß or agellls" in the aggregate, OODlribslied mo~ 1han Sl,[XX) to a Cooncilmember in the
œmmt or preccdint election period? "Yes- No.2.. If yes. state wbicb CouociJmembcT(s):
. . . (Nc)-m, AUock additJaoal 1"'tP'" ? ¡¿--.
Dare; June 24, 1997
SipatuI'C of tœtractorfapplica.Dt
Keith J. Horne
Print or type name of amtractorlapplitant
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PROJECT
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CHULA VISTA P1-A'NNING DEPARTMENT-
LOCATOR. ~ PROJECT D-::scRJf'TlDN:
. AMENDMENTS
(~. PR=' _" ¡;X.~
. . ADDRESS: ' jè/ZQ78
. ._~-' . S:;Þ.lE: tIb &:ai€ \ FIlE NUMBER: /:!r' / I
CITY COUNCIL AGENDA STATEMENT
Item /;
Meeting Date 4/28/98
ITEM TITLE: PUBLIC HEARING: PCS-97-02(M); Modify Tentative Map
conditions of approval to allow installation of landscaping and irrigation in
the parkways by individual homeowners
RESOLUTION / 8'" ~p%ving modification of conditions of approval and
adding conditions to McMillin Otay Ranch SPA One Tentative Subdivision
Map PCS-97 -02.
SUBMITTED BY: Director of PlanrrinJlj ¿ ~
REVIEWED BY: City Manager1)1Z. ~ /' 4/5ths Vote: (Yes_No-X.)
The applicant, McMillin Companies, is requesting modification of a condition of approval of the
McMillin Otay Ranch SPA One Tentative Map (PCS-97-02). The City Council required
maintenance of parkway landscaping to be conducted by the City and paid for by the residents
through landscape maintenance district assessment fees. This request is to modify the applicable
Tentative Map condition to allow the installation and maintenance oflandscaping and irrigation by
the individual homeowners, with enforcement by the Master Homeowners Association (HOA)
through Conditions, Covenants, and Restrictions (CC&Rs).
The Environmental Review Coordinator has determined that the project is exempt from
environmental review under CEQA as a Class 4(b) exemption.
BOARDS/COMMISSIONS RECOMMENDATION
On April 8, 1998, the Planning Commission voted 4-1-1-1 (Aguilar voting against, Davis
abstaining, Ray absent) to recommend approval of the proposed modification subject to the
conditions proposed by staff, and adding a condition to clarify that no parkway planting
modifications by residents be allowed.
RECOMMENDATION:
That the Council adopt the attached Resolution approving the requested modification to condition
#86, adding modifications to condition #21, and adding certain additional conditions of approval for
the McMillin Otay Ranch SPA OneTentative Subdivision Map PCS-97-02, in accordance with the
findings contained therein.
)9~/
Page 2, Item-
Meeting Date 4/28/98
DISCUSSION
Background
In 1996 and 1997, the City Council approved Tentative Maps for the Otay Ranch Company and the
McMillin portions, respectively, of Sectional Planning Area (SPA) One for the Otay Ranch project.
McMillin's holdings in SPA One are located within portions of Village 1 and Village 5 as depicted
in Exhibit "A".
The McMillin Tentative Map was approved with public streets. During discussions at the City
Council hearing, the Council expressed concerns regarding the appearance of the parkways.
McMillin was opposed to homeowners association at that time; therefore the Council required that
they be placed in a landscape maintenance district or similar district to ensure proper upkeep. In
contrast, the Otay Ranch Company property was approved with private streets and maintenance of
parkways by the homeowners association.
Proposal
The applicant proposes to modify Tentative Map PCS-97-02 condition #86 to require that the
CC&Rs shall provide for individual homeowners to install and maintain landscaping and irrigation
systems within the parkway landscaping. McMillin is now proposing a homeowners association,
with the HOA to enforce any violation of the CC&Rs and compel the individual homeowner in
violation to comply with the CC&Rs. Draft wording for the applicable sections of the CC&Rs has
been provided by the applicant (see attachment #4). Homeowner landscape guidelines for parkway
landscape maintenance would also be established (see attachment #5).
Analysis
The applicant has provided their rationale supporting individual homeowner parkway maintenance
versus maintenance through a landscape maintenance district (see attachment #6). These reasons
include:
- the likelihood that turf will be installed as compared to a drought tolerant, low maintenance type
of groundcover, resulting in a more attractive streetscape;
- the positive appearance of other privately installed and maintained parkways;
- the fact that a homeowner's association will be formed which will have the authority to compel
proper maintenance;
- the estimation that individual maintenance would provide an approximately ten percent savings
ofthe total HOA fee to each owner.
This proposal was discussed at the Community Planning Executive Committee meeting of March
6, 1998. At that time staff noted concerns focused on the proper installation and continued
maintenance ofthe parkway landscaping and irrigation. It was determined that while maintenance
of the parkways by a homeowner's association would be preferable, individual homeowner
maintenance of the parkways would be acceptable with strongly worded Covenants, Conditions, &
Restrictions (CC&Rs) to ensure compliance.
/9-2
Page 3, Item
Meeting Date 4/28/98
Installation
The applicant has requested that individual homeowners install the initial landscaping and irrigation.
However, staff sees a number of potentially undesirable consequences resulting from individual
installation. Not all homes on a given street will be sold and/or occupied at the same time; further,
the timing within which various homeowners will install their front yard improvements will vary.
Both ofthese conditions could contribute to a street scene in which some parkways are landscaped,
some are unimproved, and others are in varying states of improvement. Additionally, homeowners
wishing to install the landscaping and irrigation themselves may possess variable skills in design and
ability to successfully install said design. Therefore, the finished parkways installed by individual
homeowners may be either unprofessional and/or inconsistent in appearance.
In contrast, installation by the developer would ensure professional, unifonn, and timely completion
of the required irrigation and planting. It is fairly standard practice in current subdivision
construction for the developer to install irrigation and landscaping prior to owner occupancy of the
residence, and staff believes that the aesthetics of a parkway installed by the developer or master
builder at the time of construction would be superior to individually established parkway
landscaping.
Maintenance
With respect to the ongoing maintenance of the parkways, the applicant has requested that the
individual homeowners bear the responsibility for maintaining the parkways, with the Homeowners
Association (HOA) having the authority to compel maintenance if it is not being kept up in a
satisfactory manner.
In proposing this alternative, it is the applicant's intent to minimize Homeowner Association fees
which would otherwise be increased to cover the costs associated with maintaining the parkways.
Further, the applicant contends that since the HOA will have the ability through the CC&Rs to
compel maintenance, neglect and/or disrepair should not become an issue. As proposed by the
applicant, if the HOA Board of Directors detennines that any property which is the responsibility
of the owner to maintain falls into any condition that is detennined by the Board to be unsafe,
unsightly, or unattractive, the Board shall have the right to demand that the condition be remedied.
Should the condition not be remedied within fifteen days, the Board may correct the condition and
may enter upon the portion of the property which has fallen in such condition for the purpose of
doing so. The owner will then be required to reimburse the HOA for the cost of such corrective
action.
While staff has some minor concerns about the quality of maintenance that will be provided by
individual homeowners as compared to professionally through an HOA, with initial professional
installation these concerns would be lessened.
The elimination of the landscape maintenance district is acceptable to staff. Although maintenance
/9-;1
Page 4, Item
Meeting Date 4/28/98
by the homeowners association would be preferred, staff believes that strongly worded CC&Rs
would be effective in providing alternative options should an individual homeowner fail to maintain
his/her parkway as required.
The applicant has provided preliminary draft CC&R provisions to depict the wording that can be
included to guarantee compliance. As proposed in the preliminary draft CC&Rs provided, the HOA
would have the ability, but not the obligation, to correct the condition; staff believes that the wording
should be more binding. Specifically, the Master Association should have not only the right, but
also the obligation, to correct unsightly or unattractive parkway conditions. This obligation will
assure the City that the parkways will be maintained through HOA enforcement if necessary.
Further, a City-approved Homeowner Landscape Guidelines for Parkway Landscape Maintenance
should be included as an attachment to the CC&Rs, thereby providing specific maintenance
guidelines as an integral part of the CC&R documents. A draft copy of proposed guidelines are
attached; a final copy should be provided for staff review and approval prior to or in conjunction
with staff review ofCC&Rs for the project.
Under the current Tentative Map approvals, the City has the ability, but not the obligation, to enforce
the provisions of the CC&Rs. This provision would provide the City with the authority, at its
discretion, to mandate compliance and ensure maintenance at a level acceptable to the City. This
requirement is a standard provision of all projects with Homeowners Associations.
In conjunction with any approval for homeowner-maintained parkway landscaping, it would also
be necessary to reinstate a portion of a condition which was deleted by the City Council in a previous
action. Condition #21 should be modified to re-insert a sentence requiring the applicant to install
an irrigation line from each individual home to the adjacent parkway (see wording in draft Council
resolution).
Planning Commission Consideration
At its April 8, 1998 meeting, the Planning Commission considered this application. After discussion
regarding parkway appearance and the issue of whether individual residents should have the ability
to modify the parkway planting to some extent, the Commission voted 4-1-1-1 (Aguilar against,
Davis abstaining due to a conflict of interest, and Ray absent) to approve the request subject to an
additional condition that would specify that residents not be allowed to modify the parkway planting.
As a result, staff has also added a further condition regarding such a restriction.
Commissioner Aguilar felt that evidence of successful resident maintenance in other areas should
be provided before the application was approved, and therefore voted against approval of the request.
Conclusion
As noted earlier in the report, staffs preference would be for parkway maintenance by a
homeowner's association. However, staff finds that the incorporation of previously discussed
measures should provide adequate assurance that the parkways will be maintained in a satisfactory
/9-1
Page 5, Item
Meeting Date 4/28/98
manner. Therefore, staff recommends approval of the proposed Tentative Map modification of
conditions, in accordance with the attached City Council Resolution.
FISCAL IMP ACT
The applicant has submitted a deposit to cover all costs associated with processing this application.
Attachments
1. Planning Commission Resolution Y ..
2. Planning Commission Minutes NOT SCM"'N .
3. Ownership locator ..---- ED
4. Proposed CC&R section ,/
5. Proposed landscape guidelines ,,/"
6. Applicant supporting rationale "::>
7. Parkway Section -~' NOT SCANNED
8. Disclosure Statement
(h :/home/planning/patty /pcs9702m.rep)
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RESOLUTION NO. /rr9?r
RESOLUTION OF THE CITY COUNCIL OF CHULA
VISTA APPROVING A MODIFICATION TO
CONDITION #86 OF TENTATIVE MAP PCS-97-02,
MCMILLIN OTA Y RANCH SPA ONE, AND ADDING
FURTHER CONDITIONS THERETO RELATING TO
INDIVIDUAL HOMEOWNER MAINTENANCE OF
P ARKW A YS
WHEREAS, a duly verified application for modification of a Tentative Map
condition of approval was filed with the Planning Department of the City of Chula Vista
on February 27, 1998 by McMillin D.A. America Otay Ranch, LLC; and,
WHEREAS, said application requests modification Condition #86 of Tentative
Map PCS-97-02, McMillin Otay Ranch SPA One, in order to allow individual
homeowner maintenance of parkways; and,
WHEREAS, the Environmental Review Coordinator has determined that the
project is exempt from environmental review under CEQA as a Class 4(b) exemption;
and,
WHEREAS, the Planning Commission held an advertised public hearing on said
amendments on April 8, 1998 and voted 4-1-1-1 to recommend that the City Council
approve the Project; and,
WHEREAS, the City Clerk set the time and place for a hearing on said
Municipal Code Amendments and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the city at least ten days
prior to the hearing; and,
WHEREAS, the hearing was held at the time and place, namely April 28, 1998 at
6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said
hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED that the City Council does find and
ordain as follows:
SECTION I: Findings.
That the City Council hereby finds that the proposed modification of a Tentative
Map condition of approval is consistent with the various elements of the General Plan as
cited in the original Resolution of approval for the project; and,
/9-6
--
That the City Council wishes to add certain conditions to provide further
assurance of compliance of individual homeowners with parkway maintenance
standards.
SECTION II: Conditions of Approval.
That the proposed modification of condition #86 of Resolution 18686 approving
Tentative Map PCS-97-02 is hereby approved as follows:
86. Ensure that all buyers of lots fronting residential streets constructed in
accordance with Condition A sign a statement, when purchasing their homes,
stipulating that (1) they area aware that Gity individual homeowner will be
responsible for the maintenance of the landscaping improvements located
between the curb and the sidewalk (including excluding City approved trees), and
(2) they shall not replace or remove any trees planted between the curb and the
sidewalk without approval of the City. These provisions shall be incorporated in
the CC&Rs for each lot.
That condition #21 shall also be modified as follows:
21. Prior to the approval of the final "B" Map containing parkways, the Developer
shall agree to plant trees within all street parkways, and street tree easements
which have been selected from the revised list of appropriate tree species
described in the Village Design Plan which shall be approved by the Directors of
Planning, Parks and Recreation, and Public Works. The applicant shall provide
root control methods per the requirements of the Parks and Recreation Director,
install an irrigation line from each individual home to the adjacent parkway, and
provide and a deep watering irrigation system for the trees. The improvement
plans, including final selection of street trees, for the street parkways shall be
approved by the Directors of Planning, Parks and Recreation and the City
Engineer.
That conditions #126 through #130 shall be added as follows:
126. The developer agrees to install irrigation and landscaping for each parkway prior
to owner occupancy of the residence, in accordance with plans submitted to, and
reviewed and approved, by the Planning Department.
127. Prior to approval of the appropriate final maps, CC&Rs for the project shall be
submitted to the Planning Department for review and approval, and shall include
provisions which clearly indicate the responsibility of the individual homeowners
to water and maintain irrigation and planting within the parkways. The CC&Rs
shall also indicate that the Master Homeowner's Association shall have both the
authority and the obligation to enforce said maintenance.
128. Homeowner Landscape Guidelines for Parkway Landscape Maintenance shall be
/9/)
submitted to the City for review and approval, and shall be included as an
attachment to the CC&Rs, thereby providing specific maintenance guidelines as
an integral part of the CC&R documents.
129. The City of Chula Vista shall be named as party to the CC&Rs, with the authority,
but not the obligation, to enforce the terms and conditions of the CC&Rs.
130. The CC&Rs for the project shall include language which prohibits individual residents
from modifying the parkway planting.
SECTION III: That all original conditions of Resolution 18686 approving Tentative
Map PCS-97-02 shall remain in effect, except as herein modified.
Presented by Approved as to form by
ff!-trtJ~l:' / 1/ 1 ~~1Z . )/-. r-
: -.' Id! . 'JL L<: J (' '. V-~I - c-:!~(,..:.t,,-,
Robert A. Leiter John'M. Kaheny ( :/ .:/ .,
Planning Director City Attorney
C:\rs\pcm97-02
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Attachment 1
RESOLUTION NO. PCS-97-02(M)
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL
APPROVE MODIFICATIONS TO CONDmONS OF APPROVAL FOR
MCMILLIN OTA Y RANCH TENTATIVE MAP PCS-97-02 RELATING
TO INDIVIDUAL HOMEOWNER MAINTENANCE OF P ARKW A YS
WHEREAS, a duly verified application for modification of a Tentative Map
condition of approval was filed with the Planning Department of the City of Chula Vista
on February 27, 1998 by McMillin D.A. America Otay Ranch, LLC; and,
WHEREAS, said application requests a modification to Condition #86 of Tentative
Map PCS-97-02, McMillin Otay Ranch SPA One, in order to allow individual homeowner
maintenance of parkways; and,
WHEREAS, the Environmental Review Coordinator has determined that the project
is exempt from environmental review under CEQA as a Class 4(b) exemption; and,
WHEREAS, the Planning Director set the time and place for a hearing on the
proposed Tentative Map modification of condition and notice of said hearing, together with
its purpose, was given by its publication in a newspaper of general circulation in the City
at least 10 days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00
p.m., April 8, 1998 in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed.
NOW, THEREFO RE, BE IT RESOLVED THAT THE PLANNIN G
COMMISSION hereby recommends that the City Council adopt the attached draft City
Council Resolution approving the modification of a Tentative Map conditions of approval,
in accordance with the findings and subject to the conditions contained therein.
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to
the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 8th day of April, 1998, by the following vote, to-wit:
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AYES: Commissioner O'Neill, Thomas, Tarantino, Willett
NOES: Commissioner Aguilar
ABSENT: Commissioner Ray
ABSENT: Commissioner Davis
Patty Davis, Chair
ATTEST:
Diana Vargas, Secretary
/9 --I tJ þq- /Jv '" "--"
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Planning Commission Minutes - 5 - April 8, 1998
Mr. Bra nded that there would most definitely be a landscaped median wi!h-.a)
selected palette from t e' nd continuing with the Eastlake theme. .------- ./
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Public Hearing Closed 7:50 ""'--"'"
dlettJO'Neill) (6-0-1) to accept staff' repor 'ove ptM"9&O~.~,. Motion carried.
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3. PUBLIC HEARING: PCS-9i ~ \1ap conditions of approval
to allo" ~ ~~ ;ng and irrigation in the
parkways "-... ers - McMillin - D.A.
America Qt. 0/ ~
Chair Davis stepped down from the dais due ,~ . Interest.
;/ .dz;-
Background: Rick Rosaler, Principal Planner, .<J1/ðtt4d. .d( the applicant is proposing
modification of the conditions of approval of the Mc/\ Jtay Ranch SPA One Tentative Map
to allow for private homeowners to install and maintain the parkway landscaping with
enforcement by a master homeowners association through CC&Rs.
Staff has reviewed the proposal and believes it has merit, and are recommending that the
installation of the landscaping and irrigation be done by the developer. While staff would
prefer the maintenance be done by the HOA, it is believed that private maintenance by the
individual homeowners, with the HOA enforcement of the CC&R's will work. The City will
have the ability, but not the obligation to also enter in to the enforcement of the CC&R's as is
currently a standard practice in the City.
Staff Recommendation: That the Planning Commission adopt the resolution recommending
that the City Council adopt resolution approving the modification to condition #86 and
condition #2 of the McMillin Otay Ranch SPA One Tentative Subdivision Map PCS-97-02.
Commission Discussion:
Commissioner Aguilar stated that when this issue was first discussed, she remembers
seeing photographs of parkways that were not being consistently maintained, however,
she could not remember if these were in development areas that do not have an HOA,
and asked if staff could cite other projects in the City which have been successful in
having the homeowners maintain the parkway.
Mr. Rosaler indicated that there are other projects in the City that have been successful,
however, he could not name them, but could review the case file and provide those
names at a later date.
Commissioner Tarantino asked for clarification on who is responsible for installing the
landscaping in the parkways.
Ii-/(
Planning Commission Minutes -6- April 8, 1998
Mr. Rosaler responded that the applicant's initial desire was to have the individual
homeowners install the landscaping, however, it is staff's recommendation and the
developer has agreed, that in order to insure uniformity the developer will install the
landscaping.
Public Hearing Opened 8:00
Craig Fukuyama, 2727 Hoover Avenue, National City, representing the applicant stated that
they are encouraged to do the parkway streets as part of the neo-traditionallook, however, their
concern is the added cost to the homeowners that is incurred by an open space landscape
maintenance district. Therefore, an HOA will be put in place and will maintain medians, major
slopes and other common areas within the project. The builder will install the plant material,
such as turf, a street tree with root barriers, and irrigation system. The homeowner will be
responsible for the maintenance of the parkway and watering.
Commissioner O'Neill asked if there would be any flexibility for landscaping modification of
the parkway by the homeowners.
Mr. Fukuyama responded that in order to have uniformity, as it stands now, the flexibility to
modify the parkway would not be allowed, however, if the Commission so desires that a
provision be incorporated into the CC&R's allowing flexibility, that is something that could be
added.
Public Hearing Closed 8:20
Commissioner Thomas stated that the Commission and staff needs to carefully think through
what types of provisions will be incorporated into the CC&R's since they, through the HOA will
be the enforcement mechanism. Allowing flexibility could potentially create an undesirable
aesthetic situation because individual tastes and preferences are subjective, therefore, he does
not support allowing modification of the parkway.
Commissioner Aguilar felt that evidence of successful resident maintenance in other areas
should be provided before the application was approved.
MSC (Tarantino/O'Neill) (4-1-1-1) that the Planning Commission adopt the resolution
recommending that Council approve modification to Condition #86 and #21 of the McMillin
OtayRanch SPA One Tentative Subdivision Map PC5-97-02 which states that the homeowner
will be responsible for the maintenance and irrigation of landscaping material in the parkway
and the guest builder shall install the landscaping material, i.e. a street tree and turf and
irrigation system. Motion carried with Commissioner Aguilar voting against.
Amendment to the original motion offered by Commissioner Thomas (MSC
Thomas/T arantino) (4-1-1-1) to approve the original motion subject to an additional condition
that would specify that residents not be allowed to modify the parkway planting. Motion
carried with Commissioner O'Neill voting against.
/c¡--/;¿
. Attachment 3
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,CHUiA VISTA PLANNING DEPARTMENT ,-
LOCATOR 'PRO.ECT McMillin D.A.Ameri::a PROJECT ne.ckJP'nDN: -
. (9: ~DtayBanch , AMENDMENTS --
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ADDRESS: -&Sc.1Jf t Palamar Dr.
SCAæ ;F1Œ NUMBER: L
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-
HECHT
SOLBERG
ROBINSON
. GOLDBERG --- ------ -
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March 12, 1998
By Fax and US Mail
Mr. Craig Fukuyama
McMillin Companies
2727 Hoover Avenue
National City, California 91950
Re: Otay Ranch - TM Condition 86, Chula Vista Tract 97-02
Dear Craig:
This will confum our recent discussions about the possible revisions to Condition of
Approval No. 86. A.s we discussed, the individual homeowners could be required. through the
CC&Rs, to install and maintain specific landscaping and irrigation systems in the "parkways"
between the sidewalk and the curb (excluding street trees to be maintained by the City). The
Master Association can be given the rights to enforce violations of the owners' obligations and
the right to perform the obligations at an owner's expense if the owner fails to do so. These are
very common provisions for CC&Rs.
I attach an example of how such a provision might look. Obviously this draft is
preliminary, since we have not yet begun to prepare the CC&Rs. The terminology and strucrure
of the provision could change, but the effect would remain the same.
Please call me if you have any questions.
Very truly yours,
HECHT. SOLBERG, ROBINSON & GOLDBERG LLP
~4
R. Manin Bohl
Enclosure jf-/1
ATI'O2NEYS AI LAw 600 WEST Bi/oAD'IV.u; EIGHnI FLOOR SAN Dœoo. CAllFORNIA. 92101 TEu:PHONE 619.239~ FACSIMJLE 619.232.6828
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Preliminary Draft
Section Maintenance By Owners and Subassociations.
(a) Obligation To Maintain. No Lot or improvement anywhere within the
Properties shall be permitted to fall into disrepair or an unsightly condition, and each Owner shall
keep his or her Lot free from weeds and all debris and shall keep all improvements located on his
or her Lot in good condition and repair. The Master Architectural Committee shall have the right
to determine whether a Lot or. its improvements have fallen in åisrepair or an unsightly condition
for purposes of this Section and the MAC's decision shall be final and binding on the respective
Owner. Without limiting the generality of the foregoing, each Owner shall comply with the [e.g.,
"McMžllin-Otay Landscaping Manual '7, which sets forth detailed requirements for the installation
and maintenance oflandscaping and irrigation improvements in the public right-of-way between the
public sidewalk on the Owner's Lot and the curb of the adjacent public street, unless such obligation
has been expressly assumed in writing by the Master Association or a Subassociation. In the event
any Subassociation is fonned, such Subassociation shall require all improvements under its jurisdic-
tion or ownership IO be kept in good condition and repair.
(b) Indemnification of Master Association. Each Owner, personally and for
its family members, contract pÙfcbasers, tenants, guests and invitees, agrees to indemnify each and
every other Owner and the Master Association, and to hold harmless such Owners and the Master
Association from. and to defend him against, any claim of personal injury or property damage
occurring within the residence or Lot of that Owner arising out of the failure of the Owner to
maintain the LO1 as set forth herein, except where another Owner's or the Master Association's
negligence or willful misconduct is the sole and exclusive cause of any claim, demand or cause of
action.
(c) Master Association's Right To Maintain Owners' Lots. In the event that
any Owner or Subassociation shall in the Board's opinion permit any property which is the respon-
sibility of such Owner or Subassociation to maintain, to fall into a dangerous, unsafe, unsightly or
unattractive condition as determined by the Board or fail to comply with the "lv1.cMillin-Otay
Landscaping Manual", then the Board shall have the right to demand that such condition be
remedied. Should the condition not be remedied within fifteen days, the Board shall have the right,
but not the obligation, to con-ect the condition, and to enter upon the portion of the Properties which
has fallen in such condition for the purpose of doing so. The Owner or Subassociation, as the case
may be, shall promptly reimburse the Master Association for the cost of such con-ective action,
including, but not limited to the Master Association's court costs and reasonable attorney's fees
should the Board determine it is in its best interests to obtain a court order allowing such entrance
by the Board's representatives.
/f~/ß
3/12198 T:\AJH\MCMILLIN\OT A Y\Misc\parkway.ccr
-' - Attachment 5
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Homeowner Landscape Guidelines
Parkway Landscape Maintenance
for
Otay Ranch
Prepared for:
McMillin Communities
2727 Hoover Ave.
National City, California 91950
Prepared by:
Gillespie Design Group
8910 University Center Lane, Suite 580
San Diego, California 92122
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P.ðJ~KW A Y I STREET TREES
Parkway / street tree maintenance (to include annual tIimmin£ and fertilization) shall be
done by the City of Chula Vista Street Tree Maintenance Division. Replacement of dead
and / or dying 1reeS shall be completed by the City of Chula Vista Street Tree
Maintenance Division. The homeowner shall be responsible for providing regular
watering and periodic fertilization as recommended below for turf areas. The homeowner
shall contact the City of ChuIa Vista Street Tree Maintenance Division if additional
maintenance is required.
LA WNS
Mowing and Trimming
Mowing should be done on a weekly basis, weather permitting. Cool season lawns
should be mowed to a maximum height of tVf° (2) inches in warm weather and one and
one-half (1-112) inches dming the rainy season. The use of herbicides and/or removal of
grass around trees and iIrigation heads is not recommended.
The turf should never be cut more than one-third (1/3) off the top growth or
approximately three quarters (3/4) inch at anyone mowing.
W arering
The purpose of the sprinkler system is to provide only sufficient water to maintain plant
life during dry weather conditions or summer seasons. Time clocks shall be readjusted
continuously through the season to provide water only when the soil is dry at a depth of
four (4) inches the first initial growing season and six (6) inches the following years.
Lawns should be watered at such frequency as weather conditions require. Normally, a
total of 1 inch is needed weekly in hot weather, but not all at one rime. Avoid water run-
off across pavements and into gutters as much as possible.
hrigation controllers should be programmed to water between midnight and 6 a.m.
Turn off irrigation systems during periods of rainfall and times when suspension of
irrigation is desirable to conserve water.
Generally apply water only as :fast as the soil absorbs it to avoid nm-off and waste. We
are recommendÏng cycles of short durations and repeats that occur often enough. to meet
ET rates and penetrate the root zone.
Sandy soil areas may take water at a ra1e exceeding one (1) inch per hom, while the
intake rate of c1ay~ or of any type of soil on slopes, may be less than one quarter (1/4)
inch per hour. /9-/7
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F ertilžzation
It is recommended to apply fertilizer on a monthly basis. Best's Turf Supreme 16-6-8 (or
approved equal) should be used. at the rate of lIb. of actual niuugen per 1,000 square feet
May through September. A readily soluble fertilizer, such as 22-3-9 at 5 lbs. Per 1,000
square feet may be used during the remainder of the year to deliver the same amount of
nittogen. F ertili.zer shall be watered in within 24 hours of each application.
Weed Concrol
Hand weeding is recommended for control of Broadleaf weeds (in turf areas only). If
necessary, apply an Herbicide as a spot treatment control.
Water and Fertilizer Management
Moderate use of fertilizer and neither excessive nor insufficient inigation make for the
most efficient use of water (and fertilizer). Landscaped areas managed under minimum
irrigation still need to be fertilized but should not be over fertilized. Apply enough water
(and fertilizer) to maintain normal growth and color and to encourage deep roaring.
IRRIGATION SYSTEM
Irrigation System Repair
Irrigation system components requiring replacement should be original equipment types
where known.
Irrigation System Maintenance
The homeo~er should clean and adjust sprinkler heads as needed for proper coverage.
The homeowner should periodically observe the rogation system for broken and clogged
heads, malfun.crioning or leaking valves, damaged piping, or an other condition which
hampers the correct operation of the system.
Observe each irrigation system for excess soil moisture or run-off across sidewalks,
paving or streets.
1'1--/r
_.' - 8 8 Attachment 6
REASONS FOR INDIVIDUAL HOME OWNER P ARKW A Y MATh"'TENANCE
1. With private m~intemmce of the parkways, turf will be installed, which
is consistent "With the appearance the City Council.appears to want.
With public (BOA or LMD) maintenance of the ]>arkways~ a drought
tolerant low m~lntenance"type of landscape will be 1nsta11ed to
reduce costs as much as possible, which will have a different
app~arence than turf.
2. The CC&Rs will require the IDdividual.homeowner to install and
mamtam specific parkway landscaping and an iIrigation .syst.,øm.
Privately installed and maintainedpar1.~ys, as shown on the
attached pllotograp~ are equal in appearance to a public1y
mainrnined system. (The City in either condition '-ViII be maintaining
the sn-eet trees).
3. The Home Owner~ s Association that will be formed will have the
enforcement responsibility and authority to compel :individua1llome
owner to maintain the parl.'Way in a manner consistant'with :the
CC&Rs.
4. Approximately ten percent of the total BOA fee isat1nòuted to
par1."Way maintenance.
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.H:\DATA\RDR\CFUKUY AM\OTAYRCHIP ARI...'W AYS.DOC 1/~/1
Attachment 7
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YES ON PROP A
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APR 2 2 I'.
THE CONVENTION CENTER I
--.-.,,--.,.. '--
April 20, 1998 It's Good For All of Us.
"-""
Mayor Shirley Horton
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Horton:
On June 2, voters in the City of San Diego will be deciding the fate of Proposition A to approve
expansion of the Convention Center. Residents throughout San Diego County will be affected
by the outcome of this election. Expansion of the San Diego Convention Center is critical to the
continued growth of our region's visitor industry and to the health of our overall economy.
The existing San Diego Convention Center has generated over $3 billion in regional economic
impact since its opening in 1989, and is directly responsible for 7,500 jobs throughout San
Diego County. The expansion is projected to produce an additional 4,000 jobs and a total
regional economic impact of over $900 million annually., That is why organizations as diverse as
the North County Convention and Visitors Bureau, the San Diego County Board of Supervisors,
Carlsbad's LEGOLAND, the San Diego-Imperial Counties Labor Council, AFL-CIO, the San
Diego Zoological Society, and the San Diego County Taxpayers Association have all
enthusiastically endorsed Proposition A.
I ask your assistance in communicating the regional importance of the expansion by introduction
and passage of a resolution in support of Proposition A by your city council.
I have attached a draft resolution of support for your consideration. I hope you and your council
will consider adoption of such a resolution at your next meeting. If you have questions, please
call Fred Sainz at 236-7751. Thank you in advance for your support of this most important
regional issue.
Sincer ly,
S SANGOLD~~
Mayor
City of San Diego
:2//)-/
225 BROADWAY. SUITE 2260. SAN DIEGO, CA 92101 6191235-6180 619/235-6201 FAX
P,id lor by T"p'ym lor th. Convention C"ter.sponsor.d by local bus,""s.l,borand taxp,yerorgan¡za.ons.I.D.#98D248.ApriI8oling,Tre"urer.
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DRAFT RESOLUTION i'. ,( ! l . . ~.
A resolution of the City of [insert name], California
Whereas, the San Diego Convention Center has generated over $3 billion
in regional economic impact since its opening in 1989, and is directly
responsible for 7,500 jobs throughout San Diego County; and
Whereas, expansion of the San Diego Convention Center is projected to
produce an additional 4,000 jobs and a total regional economic impact of over
$900 million annually; and
Whereas, the San Diego Convention Center cannot accommodate larger
conventions, which are being lost to Los Angeles, Anaheim, Las Vegas and San
Francisco, each of which has a convention center over twice the size of San
Diego's, over 70 conventions which would have produced spending in excess of
$600 million have already been lost because of delays in the expansion, and
failure to expand the Convention Center will cause San Diego to fall from the top
tier of convention destinations; and
Whereas organizations as diverse as the North County Convention and
Visitors Bureau, the San Diego County Board of Supervisors, Carlsbad's
LEGOLAND, the San Diego-Imperial Counties Labor Council, AFL-CIO, the San
Diego Zoological Society, and the San Diego County Taxpayers Association
have all enthusiastically endorsed Proposition A; and
Whereas, the Mayor and City Council of the City of [insert city] support
continued growth of the region's visitor industry as part of a healthy regional
economy;
Therefore, the Mayor and City Council of the City of [insert city] do hereby
resolve to support Proposition A on the June 2, 1998 ballot in the City of San
Diego, and urge residents throughout the region to lend their support to this
important project.
Adopted this [insert day, date].
c2J/ì ~~
COUNCIL INFORMATION MEMORANDUM
April 27, 1998
TO: The Honorable @or and City Council
VIA: David Rowland, ity Manager
FROM: Robert A. Leiter, Director of Planning 11';/
........-
SUBJECT: ITEM 16, 4/28/98 COUNCIL MEETING; STAFF REQUEST FOR
POSTPONEMENT TO 5/12/98 MEETING -
SAN MIGUEL RANCH CITIZENS REVIEW GROUP
Due to the need for further clarifications regarding member nominations for the Sweetwater
Community Planning Group, the Planning Department respectfully requests that action to
establish the Group's membership be postponed to the meeting of May 12, 1998.
This will afford staff the time needed to obtain clarification regarding certain nominees, and to
re-docket the report.
cc: Ed Batchelder, Senior Planner
(A:\SMR\CAC\CC4-28-X.MEM)
t ArtACL, m(.ht D
You are required to file a Statement of Disclosure of certain ownership or fmancial interests, payments, or campaign contributions,
OD all mancrs which wiIJ require discretionary action on the pan of the City Council, Planning Commission, and all other official
t bodies. The following information must be disclosed:
1. List the names of all persons having a fmancial interest in the propeny which is the subjeCt of the application or the Contract
, e.g., owner. applicant. Contractor. subcontractor. material supplier.
ì (é of?'¡i-T! fD)«(~)
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I 2. If any person'" identified pursuant to (1) above is a corporation or parmership, list the names of all individuals owning more
than 10% of the shares in the corporation or owning any parmership inrerest\ inlthe pannership.
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, \
I
3, If any person'" identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as
I director of the non-profit organizatIon or as trustee or beneficiary or trustor of the trust.
,
I
i 4. Have vou had more than 5250 wonh of business transacted with anv member of the City staff, Boards. Commissions.
Co~inees. and Council within the past twelve month? Yes - !\o-~ If yes. please indicate person(s):
i 5. Please idemify each anà every person. including any agents. employees. consultants. or inàependenr Comracrors who you
have assigned lO represent you before the City in this maner,
I
i
~ 6, Have you and/or your officers or agents. in the aggregate, contributed more than $1,000 ro a Council mem~er in the curreD!
or preceding ejection period? Yes - No x: If yes. state which Council members(s):
t .. .. .. (NOTE: Attached additional pages as necessary) * .... I'")
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Date: i-; - I 'C. , i j,
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ì Signa re of Contractor/Applicant
RO G <{(Lf L , FDt\
I Print orrype name of ContraCtor/Applicant
.. Person is defined as: "An\' individual. firm, co-parrnership, joint venture, association, social club, frarernal organizarion,
corporarion. e:i1are, rTUSI. receiver, syndicare, Ihis and am' orher counT\', ciTY or counTry, ciTY TTUlnicipaliTY, disTriCT, or orher poliTical
I subdivision. or any orher group or combina.rion acring as a unil.
.
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~ OF CHUl.A V!ST A D!SCl.DSURE & ~ Attachment 8
YUII att ~l1in:d 10 uk: 8 SlBlCmcnt of Di¡do¡un: uf ccnam nwn::rship OJ financinl in~u. ~u.. or f21'1~p.
::onlrÎf,!1UntS. nil all mau=rs wft.ich will T~uire dis.actiDna!)' aain~ 011 th~ pan of tnc City Cmln;fi, !'banDing rm,.lftWa:u>a. DC
all 01ha: t)lu:ial bocii=õ.. 7Þe iDJWwint information mu.s;t be dïs.::~cé;
1. !..Zs: lÞc: JI,&ZII5 Dr all pcnoom having 2 financial interest if¡ the propertY which is lÞ= subjc::t of In: APPli:atiol1 Dr ÙI:
:::mlraCl..~. DWDCr. 41pplit:õmL .t:DJuraaor. subcoauaaør. material ,¡upplier.
~.=¥.illi.T-.1LL America D~y Ranch u.c
.. If:ny p=!SDI:8 in--nlifi::tJ pursuant m (I )abtw: ~~ m~m1Ìon or FZTIncrship. li¡,llb:.JWIIC' of all bJdiviriua1& ~
,
yn:Jr'- thaI! lQ5í:, 0: 1h: snar::.s in In: rorp::muiar. or owning any pann::ship inlCrt:Sr in ~ pann:::snip.
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}. If 1mY r~. in..ntifæd -pun;uan¡ IV (I) abow: is non-l'rufi¡ nrpnization [)t 4 Lna¡l. lilt tile II8JIIC' nf allY p=m!
~ng z. úirc:mr nf th!:ncn-t'fi)fn or:anizatioll or a¡ UUáI~ Of Þ::n..-ficiary aT lnø:lar of 1be: tnøt.
" Haw: yDI1 JJ8Q more than 5250 '"'DT1n Dr blAin~ I~ with &11)' mcmbcT of tbl: Clty~tafI. ~ 0,-",,-,-
CDmmi1t~ am! CnunQl within IN:: -pasl twclv: montt!¡: Y ~ - No.L... If yc1. ;:suze indicale. JI8!IDD(¡}: -
5. ?i::asc: íà::n1Üy =:h æw !:YeT)' P=-~cn. iJduoing any &!:Dt¡. cmp!oyc:s.. t:DDSul¡¡¡nß. Dr ináo/!"tt""'t a::IB1I8CIOI5 wb
.YOU .have:aW~ Ie rcpr::sc.nI yell bclCTc lbe City in this mancr.
~2:i£ :r. Fuiruvama BB-"'"Y Cinti
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6.. Høc you udIDr)'OW" olfaccrs Dr apu.. ia tbc 4I.grcp~ caatribu=:! more ÙI8I1 Sl.ŒIJ 10. CoIIDdl.-.hfoop ja 1&
am::ut ar pte:::dinl ==wn period? Ys- No~ If ym.. stale wbiå1 CDunr-itr-wber(¡}: - .;'"
?!z7 )¡jj . . . (NOTE.: -
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RESOLUTION NO. 18978
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AMENDMENT TO THE SECTIONAL
PLANNING (SPA) AREA PLAN FOR SUNBOW II CONSISTING OF
THE INCORPORATION OF AN AIR QUALITY IMPROVEMENT
PLAN AND A WATER CONSERVATION PLAN INTO THE SPA
PLAN
I. RECIT ALS
A. Project Site
WHEREAS, the property which IS the subject matter of this resolution is
diagrammatically represented in Exhibit U A U attached hereto and incorporated ì by this
reference, identified as the Sun bow II planned community, ("Project Site"); aC
B. Project; Application for Discretionary Approval
WHEREAS, a duly verified application for an amendment to the Sun bow II Sectional
Planning Area (SPA) plan, consisting of the incorporation of an Air Quality Improvement Plan
and a Water Conservation plan into the SPA plan, was filed with the Planning Departmeo.! of
the City of Chula Vista on July 29, 1997 by Ayres Land Company ("Developer"); a~)
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of a
General Development Plan, Sunbow II previously approved by City Council Resolution No.
15427 (tlGDptI) and the Sunbow II Sectional Planning Area Plan previously adopted by City
Council Resolution No. 15524, both approved on February 20, 1990; and the Sunbow II
Tentative Subdivision Map (CVT 90-07) previously approved by City Council Resolution No.
15640 on May 22, 1990; and
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on said project
on April 8, 1998, and voted 6-0 to recommend that the City Council approve the Project,
based upon the findings listed below.
E. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing was held before the City Council
of the City of Chula Vista on April 28, 1998, on the Discretionary Approval Application,
received the recom'JJ.en~ations of the Planning Commission, and heard public testimony with
regard to same; a~)
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find, determine
and resolve as follows:
.: ---¡ PLANNING COMMISSION RECORD
/. II.
- ./!J~ /~-
\\(r
Resolution 18978
Pàge 2
The proceedings and all evidence introduced before the Planning Commission at their
public hearing on this project held on April 8, 1998, and the minutes and resolutions
resulting therefrom, are hereby incorporated into the record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determined that this project is statutorily
exempt from environmental review as a planning feasibility study.
IV. SPA FINDINGS
THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY
l- ITH THE SUNBOW II GENERAL DEVELOPMENT PLAN AND THE CHULA
VISTA GENERAL PLAN.
e amendments incorporate an Air Quality Improvement Plan and a Water
Conservation plan into the Sunbow II Sectional Planning Area Plan. These plans
have no impact on the Sun bow II General Development Plan and the Chula
Vista General Plan, which reflects the same land uses, circulation system, and
public facilities that were originally adopted.
t-- THE SUNBOW II SECTIONAL PLANNING AREA PLAN, AS AMENOEO, WILL
-PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE
--- INVOLVED SECTIONAL PLANNING AREA.
The Air Quality Improvement Plan and the Water Conservation Plan will not affect the
sequence of development of the existing approved SPA Plan.
THE SUNBOW II SECTIONAL PLANNING AREA (SPA) PLAN AS AMENDED
ILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL
ENJOYMENT, CIRCULATION, OR ENVIRONMENTAL QUALITY.
T e Air Quality Improvement Plan and the Water Conservation Plan will
positively affect surrounding land uses, residential enjoyment, circulation, and
environmental quality by providing measures utilized to reduce negative air
quality impacts and to improve water conservation.
V. ADOPTION OF SPA AMENDMENT
In light of the findings above, the amended Sunbow II Sectional Planning Area (SPA)
plan consisting of the incorporation of an Air Quality Improvement Plan and a Water
Conservation Plan i~~ dDcv~~~r~~£r~rd and ad8Pte~h(A.°r~r IV: (1Dcri -
cy...e ("I ~ ~rl v... " \ lLiI1 "'. Y'l.{,ti(( 4 '-<: fï ~hï () I
presented and at J .. ,jOlts JL.-- "- ,suojec 0 t e condition at t e
applicant shall update the Sunbow II Design GuidëTïnes to incorporate new mitigation
measures identified within the Air Quality Improvement Plan and the Water
~onservationr;¿n a~d Adde~dum i~to those ?Uidelðes prior to !he ~ssuan~e of further
final maps. . _l(~(~OL lQt'tQ(Q~ ifblQu. £~\Jç-t{'h..Q^-.:~.", lull..' -
.Je n. 'rH æQ~ it, '~cCHCLE, -tRoJ ... ðct.",c(' ~I,:,-'" :' ~~"-' ¿k,~ .
lYb, ~ ~ ... &. g ',,'Q ð,- (1 a'fc'~ <4-? 'kY Q ú.e d",.Qo<ç
f>< t t~~ t ~f~ .j;/. ('V:, flcSLw d-i'l>' co c'ffLc'{ "'JJ.
---LrCf- LC~L-£ra-----C ( R. {tJf l' f/1-12y k1::-<.17-L,,(
Resolution 18978
Page 3
VI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term provision and
conditions herein stated; and that in the event that anyone or more terms,
provisions or conditions are determined by a Court of competent jurisdiction to
be invalid, illegal or unenforceable, this resolution shall be deemed to be
automatically revoked and of no further force and effect ab initio.
Presented by Approved as to form by
Robert A. Leiter John Kaheny
Planning Director City Attorney
Resolution 18978
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of April, 1998, by the following vote:
AYES: Councilmembers: Moot, Padilla, Rindone, Salas and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABST AIN: Councilmembers: None
Shirley Horton, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
ST A TE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 18978 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 28th day of April, 1998.
Executed this 28th day of April, 1998.
Beverly A. Authelet, City Clerk
CèQJ¿~ ()
V. ADOPTION OF SPA AMENDMENT
In the light of the findings above, the amended Sunbow II Sectional Planning Area (SPA)
plan consisting of the incorporation of an Air Quality Improvement Plan and a Water
Conservation Plan into the SPA document is hereby approved and adopted in the form presented
and is on file in the City Clerk's Office known as Document No. CO98-***, subject to the
condition that the applicant shall update the Sunbow II Design Guidelines to incorporate new
mitigation measures identified within the Air Quality Improvement Plan and the Water
Conservation Plan and Addendum into those Guidelines prior to the issuance of further final
maps. Further, that the Water Conservation Plan be amended to indicate that said Plan is for
this Phase of the project only and is to be updated regarding at least the use of gray water prior
to any future phases being approved.
Minutes
April 28, 1998
Page 6
Councilmember Rindone expressed that Ms. Salas comments are critical enough to
ask staff, if we were to send this back, for some thoughts on this issue. He
asked what would be the impact on the proposal before us.
Mr. Leiter stated that if the desire was to go back to look at this water plan
to see whether there could be specific proposals dealing with gray water
incorporated into the plan, he felt we would be looking at a matter of a few
weeks to do that.
. Bill Hamlin with Ayers Land Company stated that he did not disagree with
what has been said and that there are other innovative ways in which they could
address within the Water Conservation Plan. They have been back and forth in
discussions with city staff on this report for some period of time. He felt this
does affect the development of the first phase of the project which right now has
been sold to two home builders, and they are gearing up for construction. He
could easily see this impacting their construction. He was concerned that the
time has passed on the first phase for them to be implementing those kinds of
things. If they were to make changes that affected the entire SPA Plan, it would
~act those lots that have already been sold to homebuilders and would change
what they have relied upon in discussions with staff. He felt it is a much
larger issue, at least on this beginning development, than simply a couple of
weeks and some further discussions with staff.
Mayor Horton pointed out that Ms. Salas' point was very valid. However, she also
understood where Mr. Hamlin was coming from. She felt Council needed to
recognize that this area is dual piped, so when we have water reclamation that
will assist in the type of programming that Ms. Salas is looking to have included
in the project. A pilot program will be implemented in one of the new
communities is very costly. When you are talking about $1500 to $2000 per house,
that could prevent a family from purchasing a home. We need to consider that and
let the pilot program go forward to see how sUccessful it is first before we
require other homes to move forward in providing this type of a system.
Councilmember Salas stated she understood how $1,000 to $2,000 could really
impact the ability to sell a house, but that is looking at something very short
range. The more important discussion is that we really have to get serious about
looking at water conservation. We only have one source of water which is the
Colorado River, and our excess allocations from Arizona and New Mexico are now
not being given to California.
Mr. Leiter suggested that if Council wanted to move forward on this plan and make
it.~plic~le to the CU=ent phase of the project and then have at least the gray
water concept be looked at in- updating that plan prior to future phases that
would be a way to provide some additional time for that concept to be reviewed.
There are about 400 dwelling units in this particular phase out of about 1900,
so there is certainly opportunities in later phases to apply those new concepts
if they prove to be feasible.
Councilmember Rindone stated Ms. Salas is correct on the long term impact of
water. Without a resolution to that issue, there will be no construction of any
sort. What Mr. Leiter is proposing is a reasonable compromise because we don't
want to act hastily and be exceptionally difficult with a particular guest
builder, but the bigger issue does need to be focused on.
Councilmember Moot added that what Ms. Salas is suggesting is part of an overall
review that the City has to undertake on a variety of conservation issues. As
part of our CO2 reduction program that Council approved and agreed in concept to
implement a green star program. He recently learned that the President is
proposing in the current national budget substantial tax credits for programs
like this that will promote energy conservation, reduction in CO2, and reduction
in greenhouse gases. He felt the City in conjunction with this issue ought to
look at the global issue within our City about implementing a green star program.
We could take advantage of legislation in this year's budget, so we can help the
guest builders and developers find the money that will be set aside to implement
these programs.
Minutes
April 28, 1998
Page 7
There being no one else indicating a desire to address the Council, the public
hearing was closed.
RESOLUTION 18978 AS AMENDED TO INCLUDE THAT THE WATER CONSERVATION PLAN ONLY BE
AOOP'£EO FOR THIS PHASE OF. THE PROJECT.. AND TO BE uPDATED PRIOR TO ANY FUTURE
PHASES. OFFERED BY COUHCILMEMBER SALAS, heading read, text waived, passed and
approved 4-0-1 (Padilla absent).
19. PUBLIC HEARING PCS-97-02(M); MODIFY TENTATIVE MAP CONDITIONS OF APPROVAL
TO ALLOW INSTALLATION OF LANDSCAPING AND IRRIGATION IN THE pARKwAYS BY INDIVIDUAL
HOMEOWNERS - This request is to modify the applicable Tentative Map condition to
allow the installation and maintenance of landscaping and irrigation in parkways
in single family subdivisions by the individual homeowners, with enforcement by
the Master Homeowners Association through Conditions, Covenants, and
Restrictions. The resolution was approved 5-0. (Director of Planning)
RESOLUTION 18979 APPROVING A MODIFICATION TO CONDITION NUMBER 86 OF THE
TENTATIVE MAP PCS-97-02, MCMILLIN OTAY RANCH SPA ORE, AND ADDING FURTHER
CONDITIONS THERETO RELATING TO INDIVIDUAL HOMEOWNER MAINTENANCE OF pARKwAYS
Councilmember Moot stated he will be abstaining on the item because McMillin was
a client of his firm. Mr. ..Mootle.ft the .dais.
Rick Rosaler, Principal Planner, stated that last year when McMillin was before
the Council seeking approval of the Tentative Map on their portions of Villages
I and V of SPA One in the Otay Ranch, they requested to have public streets in
their project. At that time, they were requesting that the homeowners be
responsible for maintaining the parkways.
Mayor Horton stated that this was something that Council voted against before
because of our concern about having continuity in the neighborhoods and having
a well maintained parkways.
Mr. Rosa1er responded that we will ensure that the homeowners association's CC&Rs
have specific provisions in them for timely enforcement of the provisions. As
part of the approval, there are maintenance guidelines that each homeowner will
be given for maintaining not only their front yard, but also the parkway. And
there are provisions in there for time factors on how long the homeowners
association has to respond to a complaint of someone not maintaining their
parkway properly. Timely enforcement is within 15 days.
Mayor Horton asked if there will be a designated landscaping plan that each
homeowner has to comply with.
Mr. Rosaler replied that the landscaping plan will be prepared by the guest
builder. At this point, staff's direction is that the parkway will be all turf
except for a street tree. The Village design guidelines provide for a very
specific list of street trees to be chosen. Landscaping plans for those streets
will indicate which species and where there locations are. The Planning
Commission is recommending that the individual property owner cannot deviate from
what is installed. They were concerned about that, and asked that the CC&Rs be
prepared in such a way that the property owner could not modify the parkway after
it was planted by the developer.
Mayor Horton stated that even though there may be an allowance of 15 days, how
long, if someone had to actually go forward with some type of legal action, would
it take. Will the HOA then go forward and maintain the area even though it is
in litigation or they are having problems with a certain homeowner.
Mr. Rosaler replied that is the way staff is proposing that the CC&Rs be prepared
at this time.
Minutes
April 28, 1998
Page 5
Mayor Horton s~ated that we will look into this to see if the City owns the
property in, the back and look into how we can provide special patrol from time
to time.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
17. PUBLIC HEARING PCM-98-25¡ AMENDMENTS TO CHAPTERS 19.04, DEFINITIONS, AND
19.48, P-C PLANNED COMMUNITY ZONE OF THE MUNICIPAL CODE PERTAINING TO COMMUNITY
PURPOSE FACILITIES - The application, submitted by The Eastlake Company and co-
sponsored by the City, proposes to amend Municipal Code Chapters 19.04,
Definitions and 19.48, P-C Planned Community Zone. The proposed amendments
consist of expanding the definition of Community Purpose Facilities (CPF) to
allow open ball fields to the list of permitted uses identified in the
Definitions Section; Consolidate CPF requirements and criteria, presently located
in different Chapters, into a single Section of the above mentioned P-C, Planned
Community Zone; Convert the list of permitted uses into Conditional Use Permit
uses; and establish criteria to limit the percentage of the required CPF acreage
that may be used for open recreational ball fields within a planned community.
The ordinance was placed on first reading 5-0. (Director of Planning)
ORDINANCE 2732 AMENDING CHAPTERS 19.04, DEFINITIONS, AND 19.48, P-C PLANNED
COMMUNITY ZONE OF THE MUNICIPAL CODE (first readinq)
Robert Leiter, Planning Director, stated that the primary change being proposed
is to add recreational ball fields as an allowable use within the Community
Purpose Facility designation. In addition, staff has changed these uses from
being permitted by right to conditional use permit uses.
This being the time and place as advertised, the public hearing was opened.
There being no one indicating a desire to address the Council, the public hearing
was closed.
ORDINANCE 2732 OFFERED BY MAYOR HORTON AND PLACED ON FIRST READING, heading read,
text waived, passed and approved 4-0-1 (Padilla absent).
LIC HEARING PCM-98-03¡ AN AMENDMENT TO THE SUNBOW II SECTIONAL PLANNING
PA) PLAN CONSISTING OF THE INCORPORATION OF AN AIR QUALITY IMPROVEMENT
AND A WATER CONSERVATION PLAN INTO THE SPA PLAN FOR THE SUNBOW II PLANNED
COMMUNITY - AYRES LAND COMPANY - As required by condition number 93 of the Sunbow
II Tentative Subdivision Map (Tract 90-07) conditions of approval, the applicant
has submitted a SPA Amendment application to incorporate Air Quality Improvement
and Water Conservation Plans into the previously adopted Sunbow II Sectional
Planning Area (SPA) plan. The resolution was approved 5-0. (Director of
Planning)
RESOLUTION 18978 APPROVING AN AMENDMENT TO THE SECTIONAL PLANNING AREA PLAN FOR
SUNBOW II CONSISTING OF THE INCORPORATION OF AN AIR QUALITY IMPROVEMENT PLAN AND
A WATER CONSERVATION PLAN INTO THE SPA PLAN
No staff report was presented.
This being the time and place as advertised, the public hear ing was opened.
Addressing Council were:
. Bill Ayers, 44 E. Mankato, 91910, stated he wished we would do something
with Ayres Land Company to get the storm drain easement across the Veterans Home
property. He did not think we should bend over backward to help them until they
help us get this storm drain.
Councilmember Salas commented she was disappointed with their Water Conservation
Plan, because there is a lot of technology evolving now where you can recycle the
gray water and save up to 30% on your household water. She did not see anything
like this in their Water Conservation Plan.
Minutes
April 28, 1998
Page 6
Councilmember Rindone expressed that Ms. Salas comments are critical enough to
ask staff, ~f we were to send this back, for some thoughts on this issue. He
asked what would be the impact on the proposal before us.
Mr. Leiter stated that if the desire was to go back to look at this water plan
to see whether there could be specific proposals dealing with gray water
incorporated into the plan, he felt we would be looking at a matter of a few
weeks to do that.
. Bill Hamlin with Ayers Land Company stated that he did not disagree with
what has been said and that there are other innovative ways in which they could
address within the Water Conservation Plan. They have been back and forth in
discussions with city staff on this report for some period of time. He felt this
does affect the development of the first phase of the project which right now has
been sold to two home builders, and they are gearing up for construction. He
could easily see this impacting their construction. He was concerned that the
time has passed on the first phase for them to be implementing those kinds of
things. If they were to make changes that affected the entire SPA Plan, it would
impact those lots that have already been sold to homebuilders and would change
what they have relied upon in discussions with staff. He felt it is a much
larger issue, at least on this beginning development, than simply a Couple of
weeks and some further discussions with staff.
Mayor Horton pointed out that Ms. Salas' point was very valid. However, she also
understood where Mr. Hamlin was coming from. She felt Council needed to
recognize that this area is dual piped, so when we have water reclamation that
will assist in the type of programming that Ms. Salas is looking to have included
in the project. A pilot program will be implemented in one of the new
communities is very costly. When you are talking about $1500 to $2000 per house,
that could prevent a family from purchasing a home. We need to consider that and
let the pilot program go forward to see how successful it is first before we
require other homes to move forward in providing this type of a system.
Councilmember Salas stated she understood how $1,000 to $2,000 could really
impact the ability to sell a house, but that is looking at something very short
range. The more important discussion is that we really have to get serious about
looking at water conservation. We only have one Source of water which is the
Colorado River, and our excess allocations from Arizona and New Mexico are now
not being given to California.
Mr. Leiter suggested that if Council wanted to move forward on this plan and make
it applicable to the current phase of the project and then have at least the gray
water concept be looked at in updating that plan prior to future phases that
would be a way to provide some additional time for that concept to be reviewed.
There are about 400 dwelling units in this particular phase out of about 1900,
so there is certainly opportunities in later phases to apply those new concepts
if they prove to be feasible.
Councilmember Rindone stated Ms. Salas is correct on the long term impact of
water. Without a resolution to that issue, there will be no construction of any
sort. What Mr. Leiter is proposing is a reasonable compromise because we don't
want to act hastily and be exceptionally difficult with a particular guest
builder, but the bigger issue does need to be focused on.
Councilmember Moot added that what Ms. Salas is suggesting is part of an overall
review that the City has to undertake on a variety of conservation issues. As
part of our CO2 reduction program that Council approved and agreed in concept to
implement a green star program. He recently learned that the President is
proposing in the current national budget substantial tax credits for programs
like this that will promote energy conservation, reduction in CO2, and reduction
in greenhouse gases. He felt the City in conjunction with this issue ought to
look at the global issue within our City about implementing a green star program.
We could take advantage of legislation in this year's budget, so we can help the
guest builders and developers find the money that will be set aside to implement
these programs.
.
..
Minutes
April 28, 1998
Page 7
There being no'one else indicating a desire to address the Council, the public
hearing was, closed.
--
--? RESOLUTION 18978 AS AMENDED TO INCLUDE THAT THE WATER CONSERVATION PLAN ONLY BE
ADOPTED FOR THIS PHASE OF THE PROJECT AND TO BE UPDATED PRIOR TO ANY FUTURE
PHASES OFFERED BY COUNCILMEMBER SALAS, heading read, text waived, passed and
approved 4-0-1 (Padilla absent).
19. PUBLIC HEARING PCS-97-02(M)¡ MODIFY TENTATIVE MAP CONDITIONS OF APPROVAL
TO ALLOW INSTALLATION OF LANDSCAPING AND IRRIGATION IN THE PARKWAYS BY INDIVIDUAL
HOMEOWNERS - This request is to modify the applicable Tentative Map condition to
allow the installation and maintenance of landscaping and irrigation in parkways
in single family subdivisions by the individual homeowners, with enforcement by
the Master Homeowners Association through Conditions, Covenants, and
Restrictions. The resolution was approved 5-0. (Director of Planning)
RESOLUTION 18979 APPROVING A MODIFICATION TO CONDITION NUMBER 86 OF THE
TENTATIVE MAP PCS-97-02, MCMILLIN OTAY RANCH SPA ONE, AND ADDING FURTHER
CONDITIONS THERETO RELATING TO INDIVIDUAL HOMEOWNER MAINTENANCE OF PARKWAYS
Councilmember Moot stated he will be abstaining on the item because McMillin was
a client of his firm. Mr. Moot left the dais.
Rick Rosaler, Principal Planner, stated that last year when MCMillin was before
the Council seeking approval of the Tentative Map on their portions of Villages
I and V of SPA One in the Otay Ranch, they requested to have public streets in
their project. At that time, they were requesting that the homeowners be
responsible for maintaining the parkways.
Mayor Horton stated that this was something that Council voted against before
because of our concern about having continuity in the neighborhoods and having
a well maintained parkways.
Mr. Rosaler responded that we will ensure that the homeowners association's CC&Rs
have specific provisions in them for timely enforcement of the provisions. As
part of the approval, there are maintenance guidelines that each homeowner will
be given for maintaining not only their front yard, but also the parkway. And
there are provisions in there for time factors on how long the homeowners
association has to respond to a complaint of someone not maintaining their
parkway properly. Timely enforcement is within 15 days.
Mayor Horton asked if there will be a designated landscaping plan that each
homeowner has to comply with.
Mr. Rosaler replied that the landscaping plan will be prepared by the guest
builder. At this point, staff's direction is that the parkway will be all turf
except for a street tree. The Village design guidelines provide for a very
specific list of street trees to be chosen. Landscaping plans for those streets
will indicate which species and where there locations are. The Planning
Commission is recommending that the individual property owner cannot deviate from
what is installed. They were concerned about that, and asked that the CC&Rs be
prepared in such a way that the property owner could not modify the parkway after
it was planted by the developer.
Mayor Horton stated that even though there may be an allowance of 15 days, how
long, if someone had to actually go forward with some type of legal action, would
it take. Will the HOA then go forward and maintain the area even though it is
in litigation or they are having problems with a certain homeowner.
Mr. Rosaler replied that is the way staff is proposing that the CC&Rs be prepared
at this time.
April 23, 1998
TO: ~e Honorable Mayor and City Council ~
FROM: David D. Rowlands, Jr., city Manager ~ ~ -c
SUBJECT: city Council Meeting of April 28, 1998
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, April 28, 1998. Comments
regarding the Written Communications are as follows:
5a. This is a letter from the City Attorney stating that to the
best of his knowledge from observance of actions taken in
Closed Session on 4/21/98, there were no actions taken which
are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT THE RESIGNATION OF JERRY SCHLEGEL FROM
THE INTERNATIONAL FRIENDSHIP COMMISSION BE ACCEPTED WITH
REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY
ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE
PUBLIC LIBRARY.
JDG:mab
I
~
MEMO
DATE: June 8,1998
TO: Bob Leiter, Planning Director
FROM: Patty Nevins, Acting Associate Planner
RE: Sunbow Water Conservation Plan Approval
Regarding the Resolution wording for the City Council's recent approval of Sunbow's
Water Conservation Plan, my understanding of the Council's approval is somewhat
different than that indicated in the draft wording provided by the City Clerk's office.
I suggest the following wording for the last sentance:
"Further, that the Water ConservationrJa~ be amended to indicate that said Plan is for
this Phase of the project only and is t~ated t9 provide discussion of additional water
conservation measur~s., Said update must be approved by the City Council prior to the
issuance of any furtherlfnal maps for the Sunbow project.
i
I
, , r
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u... 'v\LflyU t~~l , j,~J) {"",,~,_.~ç r . ¡' . -( ..
~""""'.. "', ,
f,,-"" , ",0 ~.~ ",' ,..' ',,: '~~",,-.:rx~'n"7\ -~T"':""""1'~'tt~
,;".r(.-\ III- !-..~.. "" ,,;,...,
\ '
J \
Chula Vi s t a Cable
A DIVISION OF ULTRONICS, INC
FRANCHISED CABLE OPERATOR
April 14, 1998
Chula Vista City Council
Re: Crime behind "C" Street in Chula Vista
Dear Madam Mayor and Members of the Council:
I have come to speak to the council this evening to discuss the crimes committed behind
my business on "C" Street in Chula Vista. During the 11 years Chula Vista Cable, Ltd.
has been in business, we have been inundated with criminal activity in our back lot and
storage yard. However, the past six months have made life miserable for our company.
We have had approximately nine police reports filed with CVPD since November of
1997 regarding broken fences, stolen property and damage to our vehicles at our location.
My employees have determined with the responding police officers that the crimes are
being committed by people living in the brush behind our offices. The bamboo, shrubs
and tall grass have become so thick and dense, it is an easy hiding place for a criminal
and a safety hazard for our business. I am tired of paying up to $600.00 in damages
every time our fences are cut, vehicles looted or equipment stolen.
It is my position that the City may own this land in question and that it might have an
obligation to maintain it. If this is true, I humbly request that some immediate action be
taken in order to stop these unbearable crimes.
Please contact me directly if you have any question regarding our crime problems.
Thank you for your immediate attention to this matter.
Th3JÙ< y OU~~
~~.
Joe Altbaum./ .
Director of Operations
Chula Vista Cable, Ltd.
(619) 422-0776 x 404
~~
581 C Street . Chula Vista, California 1910 . (619) 476-0177 . Fax (619) 476-9811
œ
' ~fI} Frito-Lay, Inc.
To: City of Chula Vista Copies: John Greenbank
From: Jim Stubbs
Date: April 13, 1998
Subject: Break Ins
I am the warehouse manager at the Frito Lay Ülcility located at 575 C St. in the City of Chula
Vista. I am writing to express my concerns regarding break ins at our tàcility. I have worked at this
íàcility for approximately nine months. In that time, I have had to repair our fence three times, twice
in the last six weeks. This is due to people cutting through our fence that tàces the river bed behind
our property. Whoever is breaking in through the fence then breaks into our trucks or simply creates
a mess by rummaging through our trash looking for chips.
This situation has existed for several years. We have spent thousands of dollars repairing fences,
upgrading security systems, repairing trucks that are broken into, and paying fines to the city for
alann activations. I would appreciate any assistance the City of Chula Vista could give us to help
alleviate this constant problem. One suggestion I have would be to clear the brush behind our facility.
Right now, it is four to seven feet high at our fence line and it provides excellent cover for those
attempting to trespass on our property as well as other businesses in the vicinity.
If there is any further information or assistance I can provide you with, please feel free to contact
me at 426-1574.
Sincerely,
Jim Stubbs
. >AU""" """""":1""'" "..V """"""",..'00"" "'"" lilt".. ,",ILV III ,",IIUla v ISLa LU alltJVlau;:; LillS UIUUl\:aIl. II J. ,,all
~ WALASHEK . - '-...--.-.:...-",,-...
..dG81d11~-
INDUSTRIAL & MARINE
595 "C" Street, Chula Vista, California 91910-1406 (619) 498-1711 FAX (619) 498-0710
April, 1998
To: City ofChula Vista
Fr: Walashek Industrial & Marine
Re: Break-ins
To Whom it May Concern;
This letter is in reference to numerous break-ins that are occurring on the property in which we
lease. I have been with this company for over five years. I have made several police reports on
various thefts. Vehicles have been broken into, batteries stolen, fuel lines cut. In one instance
they broke down my fence and stole a five thousand dollar steam cleaner.
After experiencing many problems I put up razor wire as a deterrent. Now it appears as though
they are cutting the razor wire and stealing our scrap. The scrap metal that is missing is US
NA VY property. This includes pipe, valves and fittings which I am liable for.
I would appreciate any assistance from the City of Chula Vista to alleviate this problem. If I can
be of any assistance, please call.
5555 No. Channel Drive 3236 16th Ave. S.w. 5785 Plantation Rd.
Building 10 Seattle, Washington 98134-1024 Theodore, Alabama 36582-1735
Portland, Oregon 97217-4367 (206) 624.2880 (205) 653-6900
(503) 285-9926 FAX (503) 285-9934 FAX (206) 624.3324 FAX (205) 653-8700
Pacific
Wholesale
Hardware
A division of Leight Sales Co, Inc.
Chula Vista City Council
To Whom it May Concern:
RE: Vandalism and entry to our property from the north (back) side.
On numerous occasions we have had a problem with thief of products and on rainy nights a problems with
people coming over the fence and sleeping in the trucks.
Dan Fulmer
Manager
591 "C" Street, Suite A
Chula Vista, Ca 91910
Phone (619) 426-4500
Fax (619) 426-0934 ",
1
~ 1('
ATTACHMENT 1
--- RESOLUTION NO. 18570
A RESOLUïIONOFTHECrTYCOUNCILOFTHE CITY OF CHULA
VISTA AMENDING THE RANCHO DEL REV SPA III SECTIONAL
PLANNING AREA (SPA) PLAN GENERAL DEVELOPMENT PLAN,
WATER CONSERVATION PLAN AND AIR QUALITY
IMPROVEMENT PLAN TO ALLOW A 52 UNIT DENSITY
TfiANSFER FROM PARCEL R-7c TO PARCEL R-S' (PCM-97-01);
AND APPROVING AND IMPOSING CONDITIONS ON TENTATIVE
, '
SUBDlVISION MAP CHULA VISTA TRACT 97-01 (PC5-97-Dl),
APPROVING ,AN APPEAL OF THE DESIGN REVIEW
COMMITTEE'S DECISION. TO' DENY THE SITE PLAN,
ARCHil i=CTURE FOR A 24S-UNIT DEVELOPMENT ON 152
ACRES OF THE SUBJECT SITE (DRC-97-01), AND ADORTING
ADDENDUM TO ÆIR-89-10
L RECITALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this resolution is
r-. diagrammatically ,represented in Exhibit A attached hereto and incorporated herein
by this reference, and commonly known as Rancho Del Rey SPA III Parcel R-6 and
OS-7; and for the purpose of general description herein consists of 28.8 acres
located on the south side of East ftJ" Street between Paseo Ranchero and Vaquero
Ct. within the Ran~ho Del. Rey SPA III Planned Community ("Project Site"); and
B. Project; Application for Discretionary Approval
- WHEREAS, on September 30, 1.9~6 Rancho Del Rey Investors, loP. ("Owner") filed,
'- åpplications with the Planning Department of the City of ~hula Vista requesting
approval of amendments to the Rancho Del Rey SPA III Sectional Planning Area
(SPA) Plan, General Development, Plan and Planned Community District_Regulations,
, _Rancho Del Rey SPA III Water Conservation Plan and Rancho Bel Rey Air Quality
'Improvemeñt Plan. The applications also requeSt approval, of a tentative subdivision
map represented in Exhibits B-1, B-2 and B-3 in order to'subdivide 15.2 acres of
Parcel R-6 into 3 lots containing a total of 246 condominium dwelling units and a
10.6 acre open space lot. ("Project"); find - , '
.
'. . ,
. C.: ',,:, PriorDiscretiOliaryApprovals. ,.' ..., - :":,
... - - '
WHEREAS~ ~he devei~pm'en~ of the 'Proj~c1: Site has be;n the s~bject matter of 1)
a Specific Plan, EI Raného Del Rey Specific Plan previously approved by City
Council; 2) the Rancho Del Rey SPA III Sectional Planning Area Plan, previously
adopted by City Council Resolution No. 15993 ("SPA"); 3L.a Master Tentative
Subdivision Map, previo'usly approved by City Council Resòlution No. 16222
- ("TSM"), Chula Vista Tract 90-02; 4) an Air Quality Improvement Plan, Rancho Del
Rey SPA III Air Quality Improvement Plan (AQlP); and 5) a Water Conservation Plan,
I
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Resolution 18570
Page 2
Rancho Del Rey Water Conservation Plan (WCP); both previously approved by City
Council Resolution Nos. 16220 and 16219, respectively on July 9, 1991.
D. Planning Commission Record on Applicãtion
.00 .
WHEREAS, the Planning Commission held an. advertised public hearing on the
Project on December 11, 1996, and voted (2-2) not to forward a recommendation
to the City Council on a proposal to amend the Rancho Del Rey SPA III Sectional
Planning Area '(SPA) Plan, a Tentative Subdivision Map application and an appeal
of the ~ecision of the Design Review. C?mmittee to deny the site plan and
architecture or ~e proposed proje~; and
. 0 .-
E City Council. Recórd of Applications :: 0.: - O'
WHEREAS, a duly called and noticed public hearing on the Projë°ct was held before
the City Council of the City of Chula VIsta on January 21, 1997 and continued to
February 18, 1997 to receive further input from staff regarding applicant's changes
and modifications; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
..~o.
. . . .
II. DESIGN REVIEW AND RECORD PLANNING COMMISSION.
. -. . - .
The proc,eedings and all evidence introduced before the Design Review Committee
and Planning Con1!TIission at their public hearings on. the Project held on
November 18, 1996 and December 11, 1996 respectively, and the minutes and
resolutions resulting therefrom, are hereby incorporated into the record of this
proceeding.
III. '. PREVIOUS FEJR-89-1 0 AND ADDENDUM FEIR-89-1 0 REVIEWED "AND CONSIDERED
FINDINGS;- APPROVALS
The Citý Council of the City of Chula VIsta has previously reviewed, analyzed,
considered, approved and certified FEIR-89-1 C? and has : considered Addendum
ÆIR-89-10; and -
IV. _. COMPLIANCE WITH CECA
The City Council does hereby find that FEIR-89-10 and the addendum has been
prepared in accordance with requirements of the California. Environmental Quality
Act, the State EIR Guidelines. and Environmental Review Procedures of1:he City of
. Chula Vista and hereby certifies the addendum to FEIR:89-10 recertified the
EIR/addendum.' o'
V. ° INDEPENDENT JUDGEMENT OF CITY COUNCIL
The City Council !inds that the ÆIR-89-1 0 and addendum reflects the independent
judgement of the City Council of the City of Chula Vista.
//
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Resolution 18570
Page 3
VI. SPA FINDINGS/APPROVAL
A. The Sectional Planning Area" Plan. as Amended, is in Conformity with the
Rancho del Rey Specific Plan and the Chula Vista General Plan.
The amended Rancho Del Rey SPA III Sectional Planning Area (SPA) Plan is
consistent with the Rancho Del Rey Specific Plan and the Chula Vista
General Plan.
B. The Rancho Del Rey Spa III Sectional Planning Area Plan, as Amended, will
Promote the Orderly Sequentialized Development of the Involved Sectional
Planning Area.
The SPA Planas amended is consistent with the amended phasing of internal
and external infrastructure and consistent with the Rancho Del Rey SPA III
Public Facilities Financing Plan, Air Quality Improvement Plan, and Water
Conservation Plan and will, therefore, promote the orderly sequentialized
development of the involved Sectional Planning Area.
C. The Rancho del Rey SPA III Sectional Planning Area (SPA) Plan, as Amended,
will Not Adversely Affect Adjacent Land Uses, Residential Enjoyment,
Circulation, or Environmental Quality.
---
The land use designation and proposed density is compatible with the
immediately adjacent multifamily development to the east and therefore will
not adversely affect adjacent land uses, residential enjoyment, circulation,
or environmental quality.
D. In the Case of Proposed Industrial and Research Uses, that Such
Development will be Appropriate in Area, Location, and Over-all Design for
the Purpose Intended; that the Design and Development Standards are Such
as to Create a Research or Industrial Environment of Sustained Desirability
and Stability; and That Such Development will Meet Performance Standards
Established by This Title.
The amendments do not involve areas planned for industrial and research
uses.
E. In the Case of Institutional, Recreational, and Other Similar Nonresidential
Uses, That Such Development will be Appropriate in Area, Location and
Over-all Planning to the Purpose Proposed, and That Surrounding Areas are
Protected From Any Adverse Effects From Such Development.
The project includes the construction of a hiking trail within open space
Parcel OS- 7 which is a component of the overall Rancho Del Rev Planned
Community recreational trails system.
F. The Street and Thoroughfares Proposed are Suitable and Adequate to Carry
the Anticipated Traffic Thereon.
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Resolution 18570
.. Page 4
The amendments do not involve changes to the existing circulation system,
except for internal private streets and access points along East "J" Street.
G. Any Proposed Commercial Development can be Justified Economically atthe
Location(s) Proposed and will Provide Adequate Commercial Facilities of the
Types Needed at Such Proposed Location(s).
The amendments do not involve areas planned for commercial uses.
H. The Area Surrouncfing Said Development can be Planned and Zoned in
Coordination and Substantial Compatibility with Said Development.
Thp: amendments are consistent with the previously approved plans and
regulations applicable to surrounding areas and therefore, said development
can be planned and zoned in coordination and substantial compatibility with
said development.
I. Adoption of SPA
In light of the findings above, the amended Rancho Del Rey SPA 1/1 Sectional
Planning Area (SPA) plan is hereby approved and adopted in the form -
presented and attached. -
VII. DESIGN REVIEW FINDINGS/APPROV AL
Based on the Plans and Testimony Presented at the Public Hearing, the City Council
Approved the Design Review Appeal Based on the Applicant's Revised Plans Which
Meetthe City's Design Manual Policies as Identified A through 0 as Follows:
A. Pedestrian Walkways be Provided to Unk D"welling Units with Common Open
Space Areas, Recreational and Support Facilities, Parking Areas and Public
Streets.
The revised pedestrian walkway is continuous and functional linking most
, dwelling units with the common open space, parking areas and the westerly
adjacent park.
B. Landscape Planting Shall be Used1:o Frame, Soften and Embellish the Quality
of the Environment, and Shall be in Scale With Adjacent Structures and of
Appropriate Size and Maturity to Accomplish its Intended Purpose.
The revised site plan provides landscaping along the loop road and other key
areas ofLhe development and therefore consistent with the Rancho Del Rey
Design Guidelines and City's Design Manual.
C. That Building Entrances Identify and Articulate Individual Units Providing
Distinctive Architectural Elements, Materials and Colors to Denote Entries
While Promoting Security and Privacy.
¿¡
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" Resolution 18570
Page 5
,.,--.. ,
The building separation provides an opportunity to provide privacy and
individuality 'for each dwelling unit which when viewed in conjunction with
the architectural and landscaping enhancements produce an acceptable
solution-
D. That Internal Circulation Promote Safety, Efficiency and Convenience
Avoiding Conflicts Between Vehicles and Pedestrians.
The revised internal vehicular circulation system is designedto accommodate
a safe and continuous pedestrian system with minimum vehicles and
pedestrians conflicts from parking space to residence or from a residence to
the common recreation area.
E. Approval of Design Review Appeal
In light of the findings above, the appeal from the Design Review
Committee's decision to deny the site plan and architecture of a 240
condominium,m complex is hereby approved and adopted in the form
presented and attached, and subject to the co~ditions ,listed below.
VIII. TENTATIVE SUBDIVISION MAP FINDINGS/ APPROVAL
'-. A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act,
the City Council finds that the Tentative Subdivision Map, as conditioned
herein for Rancho Del Rey SPA III Parcel R-6, Chula Vista Tract No. 97-01
is in conformance with the Rancho Del Rey Specific Plan and the elements
of the City of Chula Vista General Plan, based on the following:
1 . Land Use
The Rancho Del Rey Sectional Planning Area (SPA) Plan, as amended,
designates the 15.2 acre portion of Parcel R-6 Residential Single
Family Attached (SFA) with a target density of 16.2 du/ac and a
maximum of 240. dwelling units. The project, as conditioned, is in
compliance with the City's General Plan, Rancho Del Rey Specific
Plan and Sectional Planning Area (SPA) plan.
2. Circulation
All of the on-site and off-site public streets required to serve the
subdivision will be constructed or DIF fees paid by the developer in
accordance with the Rancho Del Rey SPA III Public Facilities Financing
Plan and Development Agreement- The private streets within the
Project will be designed in accordance with the City design standards.
3. Housing
Resolution No. 15751 adopted by the City Council on August 7,
1990, acknowledged that the requirement to provide ten percent of
the total number of units allowed in the Rancho Del Rey Specific Plan
-S'
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Resolution 18570
Page 6
-
for low. and moderate income households. The resolution also
acknowledge that the 5 percent moderate income housing and most
of the low income housing have been provided in SPA I and II. The
City Council designated the northerly 3.0 acres of Parcel R-6 as the
low income housing site in the Rancho Del Rey SPA III where 40 low
income townhomes will be constructed in the near future.
4. Conservation
The EnvironmentallmpactReportFEIR-89-1 0 and Addendum FEIR 89-
10 addressed the goals and policies of the Conservation Element of
the General Plan and found the development of this site to be
consistent with these goals and policies.
5. Parks and Recreation, Open Space
The Rancho Del Rey SPA III Sectional Planning Area (SPA) plan
provides public parks, trails and open space consistent with City
policies.
6. Seismic Safety
The proposed subdivision is in conformance with the goals and
policies of the Seismic Element of the General Plan for this site.
7. . Safety
The Fire Department and other emergency service agencies have
reviewed the proposed subdivision for conformance with City safety
policies and have determined that the proposal meets the City
Threshold Standards for emergency services.
8. Noise
Noise mitigation measures included in the Environmental Impact
Report EIR-89-1 0 and Addendum FEIR-89-10 adequately address the
noise policy of the General Plan. The project has been conditioned to
require that all dwelling units be designed to preclude interior noise
levels over 45 dBA and exterior noise exposure to 65 dBA in
accordance with the City's performance standards..
9. Scenic Highway
The project site is located adjacent to a designated scenic highway
and the natural open space Parcel OS- 7 will serve as a buffer between
the proposed residential development and Telegraph Canyon Road
which is designated as a scenic highway.
(c;
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Resolution 18570
Page 7
----
10. Bicycle Routes
Bicycle lanes have been incorporated within the Rancho Del Rey SPA
III Planned Community and are presently" in use.
11. Public Buildings
No public buildings are proposed on the. project: site. The project is
subject to RCT fees prior to issuance- of building permits.
B. Pursuant to Section 664-12.3 of the Subdivision Map Act, the City Council
certifies that it has considered the effect of this approval on the housing
needs of the region and has balanced those needs against the public service
needs of the residents of the City and the available fiscal and environmental
resources.
C. The configuration, orientation and topography of the site partially allows for
the optimum sitting of dwelling units for passive or" natural heating and
cooling opportunities as required by Government Code section 66473.1.
D. The site is physically suitable for residential development and the proposal
- conforms to all standards established by the City for such projects.
E. The conditions herein imposed on the grant of permit or other entitlement
herein contained is approximately proportional both in nature and extent to
the impact created by the proposed development.
BE IT FURTHER RESOLVED that in light of the findings above, the City Council does
hereby approve the Tentative Subdivision Map and Design Review Appeal subject to the
general and specific conditions set forth below.
"
IX. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing SPA Amendments and Tentative Subdivision Map
which are stated to be conditioned on "General Conditions," is hereby conditioned
as follows:
A. Project Site is Improved with Project
Developer, or their successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map Chula Vista Tract 97-01 and
FEIR-89-10 and Addendum FEIR-89-10 except as modified by this Resolution.
B. Implement Mitigation Measures
Developer shall diligently implement, or cause the implementation of, all mitigation
"- measures pertaining to the Project identified in the Final Environmental Impact"
Report FEIR-89-1 0 and Addendum FEIR-89-10.
7
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Resolution 18570
." Page 8
C. Implement previously adopted conditions of approval pertinent to project
Unless otherwise conditioned. developer shall comply with all unfulfilled conditions
of approval of the Rancho Del Rey SPA III MasterTentative Map, Chula Vista Tract
90-02, established by Resolution No.1 6222 approved by Council on June 1 8,
1991, and shall remain in compliance with and implement the terms, conditions, and
provisions of Rancho Del Rey Sectional Planning Area (SPA) plan, General
Development Plan, Planned Community District Regulations, Rancho Del Rey SPA
III Water Conservation Plan, Rancho Del Rey SPA III Air Quality Improvement Plan,
Rancho Del Rey SPA III Residential Design Guidelines and Rancho Del Rey SPA III
Public Facilities Financing, Plan as amended and as are applicable to the property
which is the subject matter of this SPA amendment and tentative map, prior to
approval of the Final Map 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.
D. Implement Public Facilities Finqncing Plan
Developer shall install public facilities in accordance with the Rancho Del Rey SPA
III Public. Facirlties Financing Plan, as amended or as'required by the City Engineer, -----,
to meet threshold standards adopted by the City of Chula VIsta. The City Engineer
and Planning Director may. attheir discretion. modify the sequence of improvement
construction should conditions change to warrant such a revision.
E. Contingency of Project Approval
Approval of the Tentative Subdivision Map is contingent upon the amendments to
the Rancho Del Rey SPA III Sectional Planning Area (SPA) plan, General
Development Plan, Planned Community District'Regulations taking effect (PCM-97-
01).
F. Design Review Approval
The applicant shall develop the Site in accordance with the applicable Rancho Del
Rey SPA III Development Regulations and Design Guidelines.
x. SPECIAL CONDITIONS OF APPROVAL
A. Tentative Subdivision Map Conditions
Prior to approval of the final map unless otherwise indicated, the developer shall:
General/Preliminarv
1. Comply with all unfulfilled conditions of approval applicable to Parcel R-6 of
the Rancho del Rey SPA III, Chula VIsta Tract 90-02, Tentative Map
established by Resolution No. 16222 approved by Council on July 30, 1991.
~
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Resolution 18570
Page 9
-
2. Install public facilities in accordance with the Rancho del Rey SPA's I, Ii and
III Public Facilities Financing Plan as amended or as required by the City
Engineer to meet threshold "standards adopted- by the City of Chula Vista.
The City Engineer and Planning Director may, at their discretion, modify the
sequence of improvement construction should conditions change to warrant
such a revision.
3. If phasing is proposed within an individual map or through multiple final
maps, submit and obtain approval for a development phasing plan by the City
Engineer and Director of Planning prior to approval of any final map.
Improvements, facilities and dedications to be provided with each phase or
unit of development shall be as determined by the City Engineer and Director
of Planning. Each final map shall provide said improvements, facilities and/or
dedications as necessary to provide adequate circulation and to meet the
requirements of police and fire departments. The City Engineer and Planning
Director may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
Streets. Rieht-of-Way and Public/Private Improvements
4. Design and construct all streets to meet the City standards for private
- streets, or as approved by the City Engineer.. Street grades steeper than
. 12 percent shall be paved with portland cement concrete with cutoff walls.
Submit improvement plans for approval by the City Engineer detailing the
horizontal and vertical alignment of said streets.
5. Replace existing AC curb, sidewalk and pedestrian ramp at the project
entrance on East J Street with monolithic curb, gutter, sidewalk and cross
gutter in conformance with City standards.
6. Provide decorative concrete. pavement delineating the boundary between the
public and private streets.
7. Street light locations shall be approved by the City Engineer.
8. Present written verification to the City Engineer from 'Dtay Water District that
the subdivision will be provided adequate water service and long term water
storage facilities.
9. Comply with the City of Chula Vista private streets design standards
including minimum horizontal curves radii of 100 feet along the main loop
streets.
10. Provide paved access (minimum 12 foot width) to all public sewer man holes
necessary to serve the subdivision. Design access road to accommodate H-
2O wheel loads and maximum 15 percent grade to the satisfaction of the
- City Engineer. Maintain a minimum 5 foot horizontal clearance between".
sewer manholes and edge of paving. Do not locate public sewer manholes
in designated parking spaces.
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Resolution 18570
Page 1 0
11. Relocate the existing public water, sewer and storm drain facilities between
sewer manholes Nos. 7 and 11 (as shown on the Tentative Map dated
9/27/96, revised 2/10/97) to align with private drive M8" or as approved by
the City Engineer.
Gradina and Drainaae
1.2.. Submit a precise drainage study prepared by a registered civil engineer and
approved by the City Engineer prior to issuance of a grading permit or other
development permit.. Design of the drainage facilities shall consider existing
drainage patterns. The drainage study shall show.how downstream drainage
facilities are impacted. The extent of the study. shall be as approved by the
City Engineer.
13. Submit a detailed geotechnical report prepared. signed and stamped by both
a registered civil engineer and certified engineering geologist prior to approval
of grading plans and issuance of grading permit.
14. Design all retaining walls to Chula Vista standards as determined by the City
Engineer. Show details for non-regional standard walls on the grading plans
and submit structural calculations for said walls for review and approval prior
to issuance of a grading permit. Include design recommendations for ~.
retaining V\CP.1!s in the soils report for the project.
15. Provide improved access to all existing public storm drain cleanouts or as
approved by the City Engineer.
16. The proposed on site storm drain system shall be private. Designate storm
drain facilities as private on the improvement plans.
1T Submit and obtain approval by the City Engineer for an erosion and
sedimentation control plan as part of grading plans. Comply with .all the
provisions of the National Pollutant Discharge Elimination System (NPDES)
and the Clean Water Program.
18. Show the location of existing cUt/fill lines on grading plans unless otherwise
approved by the City Engineer.
19. All grading and pad elevations shall be within 2 feet of the grades and
elevations shown on the approved tentative map or as otherwise approved
by the City Engineer and Planning Director.
Aareements
20. Agree that the City may withhold building permits for the subject subdivision
if anyone of the following occur:
8 Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
;1/1
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Resolution 18570
Page 11
. Traffic volumes, levels of service, public utilities and/or services
exceed the adopted City threshold standards in the then effective
Growth Management 'Ordinance.
. The required public. facilities, as identified in the PFFP or as amended
or otherwise conditioned, have not been completed or constructed to
satisfaction otthe 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 Planning Director and Public: Works Director.
21- Enter intoanagreementto participate in the monitoring: af existing and future
sewage flows in the Telegraph Canyon TrunkSewerand the financing of the
preparation of the Basin Plan and, pursuant to any adopted Basin Plan, and
agree to participate in the financing of improvements set forth therein, in an
equitable manner. Execute said agreement prior to first final map approval.
22. "Agree to defend, indemnify and hold harmless the City and its agents,
officers and employees, from any claim, action or proceeding against the
City, or its agents, officers or employees to attack, set aside, void or annul
any approval by the City, including approval by its Planning- Commission, City
Council or any approval by its agents, officers, or employees with regard to
this subdivision pursuant to section 66499.37 of the State Map Act provided
the City promptly notifies the subdivider of any claim, action or proceeding
- and .on the further condition that the City fully cooperates in the defense.
23. Agree to hold the City harmless from any liability for erosion, siltation or
increase flow of drainage resulting from this project.
24.' Agree to ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place- c-onduit and provide
cable television service to each lot within the subdivision. Restrict access
to the cånduit to only those franchised cable television c-ompanies who are,
and remain in compliance with, all of the. terms and conditions of the
franchise and which are in further compliance with all other rules,
regulations', ordinances and procedures regulating and affecting the operation
of cable television companies as same may have been', or may from time to
time be issued by the City of Chula Vista.
Open Space/Assessments
25. , Offer to grant in fee on each FInal Map' all open Space Lots within the
.. subdivision., Prepare and record a grant deed for each open space lot. The
minimum width - of each open space lot shall maintain a 1 a-foot wide
landscaping area behind the ba'ck of sidewalk. ." ,
26. Submit a list of all facilities located on open space lots to be maintained by
the existing open space landscape maintenance district. This list shall
include a description, quantity and unit price per year for the perpetual
maintenance of all facilities located on open space lots to include but not be
II
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Resolution 18570
Page 12
limited to: walls, fences, waterfountains, lighting structures, paths, access
roads, drainage structures and landscaping. Only those items on an open
space lot are eligible for open space maintenance. Each open space lot shall
also be broken down by the number of acres of turf, irrigated, and non-
irrigated open space to aid the estimation of a maintenance budget thereof.
27. Prior to final map approval or other grant of approval for any phase or unit
thereof,. the developer shall pay all costs associated with: reapportioning
assessments for Open Space District 20 (Zones 3, 7 and 9); and
apportionment of assessments for all City assessment districts as a result of
subdivision of lands: within the boundary. Complete and submit application
for apportior:1ment and provide a deposit to the City estimated at $25 x (units
+ Open Space Lots) x assessment districts to cover costs.
28. Prepare a disclosure form to be signed by the home buyer acknowledging
that additional fees have been paid into the Assessment District, and that
these additional fees are reflected in the purchase price of the home for
those units which have a density change from th'ãt indicated in the,
assessment district's Engineer's Report. Submit disclosure forms for the"
approval of the City Engineer.
-.,
----
Easements " "
'29. Grant to the City a general utility and access easement over all private
I
streets and secondary access road for public sewer maintenance and
emergency access purposes.
30. Grant to the City a 10 foot wide easement for general utility purposes along
Telegraph Canyon Road and Buena Vista Way frontage, of the open space
lots to be granted in fee to the City. h,
31- Grant on the associated final map a minimum 15 fuÓt wide easement to the
CitY of Chula Vista for constiuction and maintenance of all sewer facilities
- -
within Lot A.
32. Indicate- on the final mapa reservation of an easement to the future
Homeowners' Association for private storm drain facilities-within open space
Lot A.
Miscellaneous
33. The Declaration of Covenants, Conditions and Resnictions shall include
' .
provisions assuring maintenance of all applicable- open space areas, streets,
driveways and drainage systems which are private. The City of Chula Vista
shall be named party to said Declaration authorizing the City to enforce the
terms and conditions of the Declaration in the same manner as any owner
within the subdivision.
I¿
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Resolution 18570
Page 1 3
_.
Include in the CC&R's a set of design and construction guidelines for
allowable accessory structures outlining setbacks (sides and rear), maximum
permitted private patio area -cover area, permitted height etc.
34. Show on the final map, a table indicating the number of dwelling units per
each lot and the total number of dwelling units for the subdivision.
35. Tie the boundary of the subdivision to the California System -Zone VI (NAD
'83).
36. Submit copies of each final map and improvement plan in a digital format
such as (DXFl graphic file prior to approval of each -Final Map. Provide
computer aided Design (CAD) copy of the Final Map based on accurate
coordinated geometry calculations and submit the information in accordance
with the City Guidelines for Digital Submittal in duplicate on 3-1/2 HD floppy
disk prior to the approval of each Final Map.
Code Reauirement Conditions of Approval
37. Comply with all applicable sections of the Chuia Vista Municipal Code.
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.
38. Prior to the fîrstfinal map, form an approved Homeowner' Association (HOA)
for all the properties within the approved tentative map to be responsible for
the maintenance of the improvements listed in condition of approval number
25 of this tentative map. The City Engineer and the Director of Parks and
Recreation may approve that some ofthose improvements be maintained by
the Open Space District. The final determination of which improvements are
to be included in the Open Space District and those to be maintained by the
HOA shall be made during the open space district formation proceedings.
39. Underground all utilities within the subdivision in accordance with Municipal
Code requirements.
40. Pay Telegraph Canyon drainage fees in accordance with Ordinance 2384.
41. Pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer
connection fees.
d. SR-125 impact fee.
1:3
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Resolution 1 8570
Page 14
42. Pay the amount of said fées in effect at the time of issuance of building
permits.
43. Comply, implement and remain in compliance with the mitigation measures
required by the Environmental Impact Report ÆIR-89-10 and addendum
which are hereby incorporated into this resolution by reference. Any measure
not satisfied by specific condition of this resolution or by the project design
should be implemented to the satisfaction of the Director of Planning.
Mitigation Measures shall be monitored via Mitigation Measures Monitoring
Program approved in conjunCtion with ÆlR-89-10. Modification of the
sequence of mitigation shaH be at the discretion of the DireCtor of Planning
should changes in circumstances warrant such revision.
44. Design all public sidewalks to comply and remain in compliance with the
American Disability Act.
45. Prepare and submit to the satisfaction of the Director of Planning 1 5 copies
of the final revised SPA amendments prior to approval of the first final map.
B. Design Review Conditions of Approval
46. Parking standards shall be as follows: r-
. Two Car garage 20' x 20' (exterior dimension)
. - One Car Garage 10' x 20' (interior dimension)
. Standard parking stall 9' x 19'*
. Compact Parking Stall 7-1/2' x T5'..
-.
. Handicap Parking Stall 14'x19'*
. Parallel Parking stalls 10'x23'
. Standard and handicap parking Stall lengths shall be reduced to 17 feet to allow a 2 foot
overhang onto planters or walks. However, the plantar and concrate. walk shall be incraased
in width accordingly.
.. Compact size- pmking stalls shall be reduce in length to 13.1/2 feet to allow e 1-112 foot
ovarhang onto pllll1btrs or concrete walks. However plantars and concrata walks shall be
increased in width ac:ordingly.
47. Relocate parking stalls Nos. 1 02c and 1 03c to accommodate adequate back-
up maneuvering as approved by the director of Planning.
48. All garage doors shall be equipped with an automatic garage door opener.
49. Incorporate an 18 inch concrete "step-out strip" along all planters adjacent
to parking stalls. /~
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Resolution 18570
Page 1 5
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50. Emergency access gate shall be relocated to be behind the private patio
fence of Unit 64.
51. Landscape nodes between parking bays shall be 8 feet wide and 6 feet wide
at the ends of parking bays.
52. Provide the required parking within 1 00 feet and guest parking within 200
feet of the unit it is intended to serve. but in no instance the required and
guest parking shall not be located outside the residential cluster area it is
intended to serve.
53. Prepare,. submit and receive approval by the Director of Planning of a parking
plan illustrating the distribution of all required and guest parking spaces as
prescribed in Section VL6-A ofthe Rancho Del Rey SPA III Sectional Planning
Area Plan and Planned Community District Regulations.
54. Comply and remain in compliance with Section XlL2-C, Handicap Parking
Requirements.
55. Provide an average of 1 5 foot setback from the established fence line for all
buildings which backup on to the main access driveway.
56. Design all internal pedestrian walks and street crossings in compliance with
the American Disabilities Act.
57. Prepare and include in the project's CC&R's a comprehensive fencing
program incorporating the following fencing standards:
a. Where privacy fences are installed directly over, or immediately
adjacent to retaining walls, the overall wall/ fence height shall not
exceed 7 feet. Wh~re higher retaining wall/fence conditions occur,
a 4 foot landscape transition strip between the wall and the fence
shall be provided.
b. Fences, retaining walls or a combination of both located within the
established front setback area shall be limited to 42 inches in height.
c. Provide a design and install 5 feet high decorative. fences along the
exterior side yard of all corner lots.
58. Comply and remain in compliance with Item Nos. 1, 4 and 6 of the Special
Standards for RC Districts prescribed in Section VIIL3-G of the Rancho Del
Rey SPA III Sectional Planning Area Plan and Planned Community District
Regulations.
59. Provide a decorative wall (RDR theme wall) along the west property line, East
- "J" Street, main access driveway.
/6
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Resolution 18570
Page 1 6
60. Design the project landscape in accordance with the landscaping criteria and
check list contained in the Rancho Del Rey SPA III Residential Design
Guidelines (pages V-23 and 24).
61. Provide a minimum of 100 square feet with no dimension less than 10 feet
for all units with ground level private patio areas and a 75 square foot
balcony or deck with no dimension less than 6 feet for all second story units.
62. Prepare, submit and obtain approval by the director of Planning of
development standards for patio additions and other accessory structures
prior to approval of the final map. The development standards shall be
incorporated into the project's CC&R's.
63. Incorporate- provisions in the CC&R's prohibiting RV parking within the
project.
64. If the project is proposed to be developed in phases, prepare, submit and
obtain approval by the Director of Planning of a construction phasing plan
prior to issuance of the first building permit.
65. Provide decorative type paving to delineate internal pedestrian road ,-...
crossings.
66. Provide a 5 foot minimum separation between parking bays and private patio
fences, retaining walls, structures slope banks and any other structure.
67. Submit and obtain approval by the Director of Planning of a landscape strip/
fence combination along East n J" Street.
68. Submit a detail fencing program addressing perimeter, private patio,
internally exposed and perimeter fencing -and the fencing standards oUtlined
in SPA Condition No.3.
69. Provide a plan site plan identifying the buildings with enhanced side
elevations.
70. Provide the required interior storage for all units.
71. Design all Dwelling units to preclude interior noise levels over 45 dBA and all
exterior private open space shield with solid masonry walls and or buildings
to limit noise exposure to 65 dBA.
72. Provide additional access points from the subject site to the westerly
adjacent public park site (Voyager Park). The access points' exact location,
design and treatment, as well as the revised park and the site's pedestrian
walk system shall be submitted for City Council's approval prior to the
issuance of the first building permit.
XL CONSEQUENCE OF FAILURE OF CONDITIONS /Ø>
-.
Resolution 18570
Page 17
--
If any of the foregoing conditions fail to occur, or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right
to revoke or modify all approvals herein granted, deny, orfurther condition issuance
of all future building permits, deny, revoke, or further condition all certificates of
occupancy issued under the authority of approvals herein granted, institute and
prosecute litigation to compel their compliance with said conditions or seek
damages for their violation. No vested rights are -gained by Developer or a
successor in interest by the City's approval of this Resolution.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is
dependent upon the enforceability of each and every term, provision and condition
herein stated; and that in ~he event that anyone or more terms, provision, or
- : conditions are determined by a Court of competent jurisdiction to be invalid, illegal
or unenforceable, this resolution shall be deemed to be automatically revoked and
of no further force and effect ab initio.
XIII. NOTICE OF DETERMINATION.
- City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
Presented by Approved as to form by
.-
WtfÚ ..
'. C)e ~f/ß- --
Robert A. Leiter ,. - ~ M. Kaheny ~
Director of Planning / Ity Attorney" ,',
-
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Resolution 18570
Page 1 8
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COLlEGE
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\
CHULA VI S T A PLANNING DEPARTMENT
LOCATOR I'ROÆCr Remeno Del Rey I'ROJEC'j DSCIImON:
C) APPtIC4NT: Investors, LP.
PROJECT East -J8 St. Na. af 1:r:..R. Request: A proposed amem:lment1o the General Development
ADDRSS: East of Pasea Ranchero Plan and Sedional Area Plan for SPA III of lUlL It?
VO.&lc.. . -~._..._-
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Resolution 18570
Page 1 9
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Resolution 18570
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Resolution 18570
Page 22
. -
PASSED, APPROVED, and ADOPTED by the City C.ouncil of the City of Chula Vista,
California, this 18th day of February, 1997, by the following vote:
AYES: Councilmembers: Padilla, Rindone, and Horton
NA YES: Counciimembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: Moot
~J~
hirley Horton, Mayor
ATTEST:
-
...-
--.:.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18570 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 1 8th day of February,
1997.
Executed this 18th day of February, 1 997.
22-
101...,..., n JoIII V.J.J r 070
.' . HOU 05, 1997 1=02 PM
J 717 OFFICIAL RECDRDS
Recording Requested by: SAN DIEGD !JJOHTY RECORDER' 5 OFFICE
ATTACHMENT 2 GREGORY J. SrfITH, mum RECORDER
CITY CLERK FEES: 64.00
When Recorded, Mail to:
CITY OF CHULA VISTA 11111'Dlllm I
276 Fourth Avenue
Chula Vista, Ca. 91910
/:
r;
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 /IS tj-,- I \.,!- 2 L
SUBDIVISION IMPROVEMENT AGREEMENT
fA THIS AGREEMENT, made and entered into this ~~d day of
~~#~L~ , 199~, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and SHEA HOMES
LIMITED PARTNERSHIP, 10721 Treena Street, Suite 200, San Diego, Ca.
92131, hereinafter called "Subdivider-";
RXTlik~~kTH~
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 CHULA
VISTA TRACT 97-01, RANCHO DEL REY III, PARCEL R-6, UNIT 1, (PARCEL
1 OF PARCEL MAP NO. 17841) 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 1.S 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 1.S willing ln consideration of the
appr~l and recordation of said map by the Council, to enter imo if
this agreement wherein it is provided that Subdivider will install ~
\ -1- Co97- /7<;
2'3 /\/g-g-¡;¡¿.
, .'
. 718
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. 18570, approved on the 18th day of
February, 1997 ( "Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-475 through 97-482, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $358,000.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the 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 ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said 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
-2-
2'1
71~
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 lS 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 improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED SEVENTY-NINE THOUSAND DOLLARS AND NO CENTS
($l79,00O.OO) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED SEVENTY-NINE THOUSAND DOLLARS AND NO CENTS
($l79,OOO.OO) to secure the payment of material and labor In
connection with the installation of said public improvements, which
security lS 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. The parties acknowledge and agree that no Survey Monument
Installation Bond is required since monumentation was accomplished
per previous parcel map.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaglng the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
2'5 -3-
720
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 lI1aterials furnished therefor,
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 th~ Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemni tee, 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
daJIlages 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,
2b -4-
721
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 màintenance 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 l.nsurer
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 (la) 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 l.n Section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF C~- VISTA SUBDIVIDER:
~ð"SHEA H<M:S LIMITED PARTNERSHIP,
~AftztM ~ a California Limited Partnership
. By: J. F. Shea co., Inc., a Nevada
~~~~~ ~ Ci 12 o~ corporation, al Partner
ATTEST ~ - 0 Se=etary
city Clerk
Approved as to form by rocK, Vice President
~ ~ 9-¡11Yr).~
Ci I 'tA4itorney ,
(Attach Notary Acknowledgment)
~7 -5-
722
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On October 9, 1997, before me, Rhonda M Angel, Notary Public, personally appeared
Mark Brock and Richard Gustafson, 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.
~:::~~~
SEAL:
.~~~
CCMI.#11- ~
~ NCJrM'f PtBJC.CAUFCfNA -
UN lEBO °ccuny
1ft' CCI8I. SIP. APRL21. 2rXtI
zfY
723
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
Amount: $179,000
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount: $179,000
Securi ties approved as to form and amount by
/7 ?t1If Iv¿ ~ ~~. ,----,
~í~ , ,~~ ~/. . . ~
~ Cit# Attor~ JI
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
H:\ho8e\aLtorney\ssia\boleró.sub
-6- 2- r
- , UUL * lYY{-U~~{~Y{
-
- - , 05, 1997 1=02 PM
736 HOU
.J: OFfICIAL RECORDS
SAN DIEGO œuHTY RECtJRDER' S OFFICE
GREGORY 1. SMITH, mum RECORDER
RECORDING REQUEST BY: ) FEES: 34.00
)
Ci~y Clerk )
)
WHEN RECORDED MAIL TO: ) IIIII'DIIIII
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA .91..91.0 )
)
No transfer ~ax 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
If r i 2 , y- 2"L.
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 20, 2l, 22, 23, 24, 37, IX.C, 54, 58, 64 of
Resolution l8570; 8, -, 52, 53, 62, 64, 75 of Resolution l6222)
::J_,
This suPPlementakSubdivision Improvement Agreement ("Agree-
ment ") is made this;¿ day of â/é7t? FR, 19 9 7, by and between THE
CITY OF CHUT.:.A. VISTA, California ("City" or "Grantee" for recording
purposes only) and SHEA HOMES LIMITED PARTNERSHIP, a California
Limited Partnership ("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 as
Parcel l of Parcel Map No. l784l ("Property"). The Property is
part of a project commonly known as Chula Vista Tract 97-0l, Rancho
Del Rey III, Parcel R-6, Unit l. For purposes of this Agreement
the term "Project" shall mean" Property".
B. Developer is the owner of the Property.
C. Developer has applied for and the Ci ty has approved a
Tentative Subdivision Map commonly referred to as Chula Vista Tract
97-0l, RANCHO DEL REY III, Parcel R-6, Unit l ("Tentative
Subdivision Map") for the subdivision of the Property.
1. Có9 7- f7~ (jJ
30
/f/~5'v./
737
D. The City has adopted Resolution Nos. 16222 and 18570
("Resolution") pursuant to which it has approved t.be Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolution, copies of which are attached hereto as
Exhibi t "A" and "B" and incorporated herein.
E. City lS willing, on the premises, security, terms and
conditions herein contained to approve the final maD for which
Developer has applied as being in substantial conform~~ce with the
Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
I. 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 un~il 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 Proper~y 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
Ci ty has been, remained or are owners of any particular land or
interest therein. If such coven~~ts 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 proceed-
ings to enforce the curing of such breach ~o which it or any other
beneficiaries of this agreement and the covenants may be entitled.
a. Developer Release on Guest Builder Assigmnents.
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.
2
31
738
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. 20 - Building Permits. In satisfaction of
Condition No. 20 of Resolution l8570, the Developer agrees that:
a. The City may withhold occupancy permits for any unit
wi~hin the Project if anyone of the following occur:
l. Regional development threshold limits set by the East
Chula Vista Transportation Phasing Plan have been reached.
ii. Traffic volumes, levels of service, public utilities
and/or services exceed the adopted City threshold standards in the
then effective Growth Management Ordinance.
b. The City may withhold building permits for any of the
units within any phase of development identified in the PFFP, if
the required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have not been completed or
constructed to 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 Planning Director and Public
Works Director.
3. Condition No. 2l - Telegraph Canyon Sewer. In
satisfaction of Condition No. 2l of Resolution No. l8570, Developer
agrees that prior to approval of the second final map of the
Project, Developer shall either:
a. Enter into an agreement to participate in the financing
of improvements to the Telegraph Canyon Trunk Sewer;. or
b. Provide a study to the satisfaction of the City Engineer
measuring the impact of the Project's flow on the Telegraph Canyon
Trunk Sewer; Developer further agrees that if in the sole
discretion of the City Engineer, the Project's flow affects the
capaci ty of the Telegraph Canyon Trunk Sewer, Developer shall enter
into an agreement as set forth in 3.a. above.
4. Condition No. 22 - Subdivision Map Indemnity. In
satisfaction of Condition No. 22 of Resolution l8570, the Developer
agrees that, on the condition that City shall promptly notify the
Developer of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense, the
3
32...
739
Developer shall defend, indemnify, and hold harmless the City, and
its agents, officers and employees, from any claim, ac't:ion Dr
proceeding against the City, Dr its agents, Dfficers Dr employees,
tD attack, set aside, void or annul any approval by the Ci::y,
including approvals by its Planning Commission, City Council, or
any approval by its agents, ~ ~. or employees with regard tD
O.LI:lCers,
this Project.
5. Condi tion No. 23 - Erosion and Drainage Indemnity. In
satisfaction of Condition No. 23 of Resolution l8570, the Developer
agYees that, on the condition that City shall promptly notify the
Developer Df any l' action or proceeding, Developer shall
c.....alm,
defend, indemnify, and hold harmless the City, and its agen::.s,
officers and employees, from any claim, action, or proceeding
against the City, or its agents, officers or employees, related to
erosion, siltation or increased flow of drainage resulting from the
Property. City agrees to reasonably cooperate with Developer in
the defense of any such action, claim or proceeding.
6. Condition No. 24 - Cable Television Easements. In
satisfaction of Condition No. 24 of Resolution l8570, the Developer
agrees to permit all cable television companies franchised by the
Ci't:y of Chula Vista equal opportunity to place conduit to and
provide cable television service for each lot or unit within the
Project. 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 1?roject only to those
cable television companles franchised by the City of Chula Vista
the condition of such grant being that (a) such access is coDrdi-
nated with Developer's construction schedule so that ;.;.. does not
-I..-
delay or inroede Developer's construction schedule and does not
require the trenches tD be reopened to accommodate the placement Df
such conduits; and (b) any such cable company is and remains in
compliance with, and promises tD remain in compliance with, the
tErms and conditions Df the franchise and with all other rules,
regulations, Drdinances and procedures regulating and affecting the
operation of cable television companies as same may have been, Dr
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 a determina-
tion by the City of Chula Vista that they have violated the
conditions of the grant.
7. Condition No. 37 - Municipal Code Compliance. In
satisfaction of Condition No. 37 of Resolution l8570, the Developer
agrees to comply with all applicable sections of the Chula Vista
MQ~icipal Code; the Developer further agrees to prepare its Final
Map and all plans in accordance with the Subdivision Map Act and
City's Subdivision Ordinance and Subdivision Manual.
4
33
.
740
8. Condition Nos. IX.C, 54 and 58 - Compliance wi th Map and
Plan Provisions. In satisfaction of Condition Nos. IX.C, 54 and 58
of Resolution 18570, Developer agrees !:.o comply with all
unfulfilled conditions of approval of the Rancho Del Rey SPA III
Master Tentative Map, Chula Vista Tract 90-02, established by
Resolution No. 16222 approved by Council on June 18, 1991, and to
remain in compliance with and implement the terms, conditions, and
provisions of Rancho Del Rey Sectional PI~TITIjng Area (SPA) plan,
General Development Plan, Planned Community District Regulations,
including Section XII. 2-C Handicap Parking Requirements and Section
VIII. 3 -G Item Nos. 1, 4 and 6 of the Special Standards for RC
Districts, Rancho Del Rey SPA III Water Conservation Plan, Rancho
Del Rey SPA III Air Quality Improvement Plan, Rancho Del Rey SPA
III Residential Design Guidelines and Rancho Del Rey SPA III Public
Facilities Financing Plan, as amended and as are applicable to the
Property; Developer further agrees to provide' the City with such
security (including recordation of covenants running with the land)
and implementation procedures, as the City may require to assure
that after approval of the Final Map, the Developer shall continue
to comply and remain in compliance with and implement such plans.
9. Condition No. 64 - Construction Phasing Plan. In
satisfaction of Condition No. 64 of Resolution 18570, Developer
agrees to prepare and submit, subject to the approval of City's
Director of Planning, a construction phasing plan prior to issuance
of the first building permit.
~o. Condition No. 8 - Open Space. In satisfaction of -
Condition No.8 of Resolution No. 26222, t~e Developer agrees t9
not oppose inclusion. of the Prope:::-::y in Open Space District #2'0
(Zone 7) prior' to approval of any final map for the Project.
Developer-agrees to be responsible for any costs associated with
annexing the Property into Open Space District #20; City shall not
be. liable for any such costs.
lJ.. Condi tion Nos. 5J., 52 and 53 - Fire Hydrants. In
satisfaction of Condition Nos. 51, 52 and 53 of Resolution 16222,
Developer agrees to install, test and operate all fire hyarãñts
required by the Fire Chief prior to placement of any combustible
materials on site of any unit in the. Project, which such hydrant '
maximum pressure will not exceed 150 psi; in conjunction therewith,
developer shall provide roadway access at such sites for fire
apparatus as required by the Fire Chief.
~2. Condi tion No. 62 - Compliance with Growth Managemen t
Ordinance. In satisfaction of Condition No. 62 of Resolution No.
1~2, Developer agrees to comply with the Growth Management
Ordinance which is in effect at the time building permits are
issued pursuant to each such final map; Developer fu-rther agrees
that such compliance includes but is not limited to the East Chula
Vista Transportation Phasing Plan, the Air Quality Improvement Plan
and Water Conservation Plan for the Project then in effect.
5
37'
741
13. Condition No. 64 - No Protest of Maintenance District or
Assessment District. In satisfaction of Condition No. 64 of
Resolution l6222, the Developer agrees that prior to approval of
each final map for the project, it will not protest the formation
of a maintenance district for the maintenance of landscaped medians
and parkways along streets within and adjacent to the Project.
14. Condition No. 75 - Compliance with Applicable Laws. In
satisfactio~ of Condition No. 75 of Resolution 16222, t~e Developer
agrees to comply with all relevant Federal, State, and local
regulations, including The Clean Water Act; Developer further
agrees to provide testing and documentation as required by the City
Engineer to evidence such compliance.
1.5. Un£ulfilled Conditions. Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Rancho Del Rey III Master
Tentative Map Tract 90-02 and the Rancho Del Rey III Parcel R-6
Tentative M'.ap, (Tract 97-01), established by Resolution Nos. 16222
and 18570 approved by Council on July 30, 1991 and ?ebruary 18/
1997, respectively, and shall remaln in compliance with and
implement the terms, conditions and provisions of the resolutions.
16. Satisfaction of Conditions. Cir:y agrees thar: the
execur:ion of this Agreement constitutes satisfaction of Developer's
obligation of Conditions 20, 21, 22, 23, 24, 37, IX. C, 54, 58 and
64 of Resolution 18570; Conditions 8, 51, 52, 53, 62, 64 and 75 of
Resolution 16222.
17. Recording. This Agreement, or an abstract hereof
prepared by either or both parties, may be recorded by either
party.
18. Miscellaneous.
a. Notices. Unless otherwise provided In tIllS
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, ~~d received when personally delivered to the party to
whom it lS 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. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Director of Public Works
6
35
742
Developer:
Shea Eomes Limited Partneyship
10721 Treena Street, Suite 200
San Diego, CA 92131
A party may change such address for the purpose of this paragraph
by giving WYitten notice of such change to the other party in the
manner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
b. Captions. Captions in this Agreement are inseyted
foy convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its_teYms.
c. .Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
heyeof. Any prior oral or written representations, agreements,
understandirJ.gs, 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
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.743
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day 2....""ld year first hereinabove set
forth.
CITY OF CHDLA VISTA ~DEVELOPER:
~'~
LÚA/~
~~~-
\'.Name) Richard Gusta£son
Shirley rton, Mayor
Att t: Assistant Secretary
(Title)
:?;¡I:t~
Approved as to form: Vice President
(Title)
Approved as to form:
Attorneys for Developer
H:\Home\Attorney\SSIA\SHEA
8
37
. 744
STA IT OF CALIFORNIA )
) 55.
COUNTY OF SAN DIEGO )
On October 9, 1997, before me, Rhonda M Angel, Notary Public, personally appeared
Mark Brock and Richard Gustafson, 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.
WITNES S MY HAND AND OFFICIAL SEAL.
r1< h-~ ~Ýl . ~~
Rhonda M. .Angel, Notary ð
SEAL:
~
l.~~
-------
3g>
400 SCALE EXHIBIT
C HULA VISTA TRACT 97-01, UNIT 2
ATTACHMENT 3
~
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BUENA VISTA WA Y
CD
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CD MADRIGAL COURT
0 MAGELlAN WA Y
0 AGUIRRE DRIVE
@ BALBOA CIRCLE
@ ISLE WAY
@ LOS ARCOS PLACE
(j) RICARDO DRIVE
. &I ffiWSAKER @ £L CORTEZ COURT
@ GONZALES WAY
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- ATTACHMENT 4
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca- 91.910
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
SUBDIVISIOB IMPROVEMENT AGREEMENT
TRIS AGREEMENT ,made and entered into this day of
, 1.99 -, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and RANCHO DEL
REY INVESTORS, L.P., a California Limited Partnership, 2727 :Hoover
Avenue, National City, Ca. 91950, hereinafter called "Subdivider";
W IT N E S 12. E T H -:
-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 RANCHO
DEL REY SPA III PARCEL R6, UNIT 2 (PARCELS 2, 3, and "A" pursuant
to the :provisions of the Subdivision :Map Act of the state of
California, and in compliance with the provisions o:f Title 3.8 of
the Chula vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and,
WHEREAS -, the Code provides that before said Eap is :finally
approved by the Council of" the City of Chula Vista, Subdivider must
have either install-ed andcompl-etedall of the public improvements
and/or land development ;work required by 1:beCode to be installed
in subdivisions before f"inal :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 o:f said
work pursuant to the requirements of Title 1.8 of the Chula vista
Municipal Code, agreeing to install and complete, :free o:f li.ens at
Subdivider's own expense, all of the :public improvements and/ or
land development -work required in said subdivision 'within a
definite :period of tÌ1ne prescribed by said Council, and
WHEREAS, Subdiv:Lder is willing ïn .consideration of the
approval and recordation of said map by the Council, toent-e.r into
this agreement wher.ein it is provided that Bubdi vider will :install
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W
-
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, subj ect to certa:i.n requirements and conditions, as
contained in Resolution No. 1.8570, approved on the ~8th day of
February, 1997 ("Tentative Map Resolution") 7 and
WHEREAS, complete plans and spectiications for the
construction, installation and campletionof said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 98-45 through 98-60, on file in the office
of the City Engineer, and
WHEREA S, 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 a1Ilount of EIGHT HUNDRED
THOUSAND DOLLARS AND "NO CENTS ($800,000.00).
NOW, THEREFORE, IT IS 1ID'l'UALL Y UNDERSTOOD AND AGREED AS
FOLLOWS::
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the te-'rIDS, conditions and requirements
of the Tentative Map Resolution; to do and perfonn Dr cause to be
done and pertormed, at its own expense, without cost to City, in a
good and workmanlike "Dlanner, 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
adj Dining said subdivision ("Improvement Work")¡ and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
beretofore been filed in the Office of the ci ty Engineer and by
this reI erence are incorporated herein andlIlade .a :part hereof.
2- It is .expressly understood and agreed that 411 :monuments
.have .been or will be installed 1rithiD. thirty (30) days -after the
completion and acceptance ;of the Improvement 'Work, :and that
Subdivider has installed or will install temporary street name
signs i:f permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary :materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council .approval of the
Subdi vision Improvement Agreement.
4. It i.s understood and agreed that Subdivider will perform
said Improvement Wor.kas set :Eorth 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
-2-
fI./
.
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 iJnprovements or the portion thereof
servi11g said building or structures approved by the City; provided,
however., that the iJnprovement security shall not be required to
cover the provisions of this paragraph-
5.. ~tisexpressly 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 0:E the ordinances of
the City of Chula Vista, and the laws o:E the State DfCali:Eornia
applicable to said work.
6. Subdivider :further agrees to :furnish and deliver to the
City o:f Chula Vista, simultaneously with the execution of this
agreement, an approved iEprovement security :from a su:E:Eicient
surety ,whose .suf:ficiencyhas been approved by the City in the sum
of FOUR .HUNDRED THOUSAND DOLLARS AND NO CENTS ($400,000.00), which
security shall guarantee the :faith:ful performance o:E this contract
by Subdivider and is attached hereto, lIlarked Exhibit '1IA'" and lIlade
a part hereo:f -
7. Subdivider :further agrees to furnish and deliver to the
City of Chula vista simultaneously with the execution of this
agreement, an approved iJnprovement security from a suf:ficient
surety, whose su:f:ficiency .has been approved by the City in the sum
of FOUR HUNDRED THOUSAND DOLLARS .AND "NO CENTS ($400,000.00), to
secure the payment o:E lIlaterial and labor in connection with the
installation of said public iJnprovements, which security is
attached .hereto, lIlarked Exhibi t1'B" and lIlade a part hereo:E and the
bond amounts as contained in Exhibit 1'B",and 1II.ade a part .hereof.
8. Subdivider has :furnished and delivered to the City of
Chula Vista a cash deposit in the amount of $4,500.00 with Parcel
Map No. 27842 to secure the installation of 1II.onuments.
.9- It is ::further agreed that i:f the IInprovement Work :is not
completed wïthin the time .agr.eed hereiD" the sums provided by.said
iJnprovement securiti-es .Inay be ~sed by 'City for the 1::ompl-eti'On .of
the I1II.provement Work withiD said subdivision in accordance 'With
such spectiications "herein 'containedor referred., .or at the .option
of the City, as are approved by the City Council at fie time of
i engaging the work to be per:Eormed- 'Upon certtiication of
completion by the City Engineer and acceptance 0:E said work by
City, and after certi:Eication by the Director of Finance that .all
costs .hereo:E are :fully paid, the 'Whole amount., or any part thereof
not required :for payment thereo:E., .Inay be 'released to Subdivider or
its successors in i11terest, pursuant to the terms o:f the
improvement :security- Subdivider .agrees to pay to the City any
di:Efer-encebetween the total costs incurred to perform the work"
includi:ngdesign and 4dmi.nistrati on of construction (including-a
reasonable allocation of overhead) " and any proceeds :from the
i1Il.provement security-
-3-
/!¿
- -
lO. 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, Dor shall any
officer, his sureties or bondsmen, be liãblefor the payment of any
sum or .sums for .said work or :any JIlaterials :furnished therefor,
except to the l i1ni ts .establiShed by the approved improvement
security in accordance with the requirements of the State
Subdivision ~ap Act and the provisions of Title lB or the Chula
Vista Municipal Code.
ll. It is further understood ãnd agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials £urnished and other incidental expenses) incurred by City
in connection with the approval or the Improvement Work plans and
installation of Improvement Work hereinabove provided "for, and the
cost or 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 or the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
ImproveInent 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 £iTlal acceptance and correct
any and all defects or deficiencies arising during :said period as
a result of the acts or omission or Subdivider., its agents or
employees 1Il the per.formance 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 de"f ects by City as set "forth
hereinabove.
13- It is understood and agreed :that City ,as indemnitee, or
any.orricer or .employee thereof" -shall :not be liable for any injury
to' person or propertyoccas:ioned by reason of the acts .or 'omissions
of Subdivider., its ;agents .or ~ployees" or indemnitee, related to
this agreement. Subdivider further -agrees to protect and hold fie
City" itsoffïcers and -employees., ha.r:mless from any and all .claims,
demands, causes of action, liabilìtyor loss or any sort., because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreeInent; provided,
however, that the approved improveInent security shall not be
required to cover the provisions 'of this paragraph. Such
indemnification ~nd agreement to bold ha.r:mless shall extend to
damages to adj a cent or downstream properties or the taking of
property from owners of 'Such adjacent or -downstream properties ~s
a result of the construction of said subdivïsionand the public
i.mproveInents as provided herein. It .shall also .extend to damages
resulting :from diversion Dr -waters, ,:change i.n the volume "Or :flow,
-4-
.~~
-
-. ,
IDodification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and lIlaintenance of drainage systems. The approval of
plans providing :for any or all of these conditions shall not
constitute the assumption by CityoÎãny -responsibility :Eor such
damage or taking, nor 'shall City., by said approval, .be ãn insurer
or surety :for the construction o:E -the subdivision pursuant to said
approved :iJnprovement plans. The provisions of tms paragraph shall
become ef:E-ective upon the execution 0:E this agr.eementand shall
r-eJD.ain :in :full :force and e:f:fect :for ten (lO) years :following the
acceptance by the City OÎ the :bnprovements.
14. Subdivider agrees to derend, :indemnif'y, and hold harmless
the City Dr its agents, of ricers , and employees :from any claim,
action, or proceeding against the City or its agents, o:f£icers, or
employees to attack, set aside, void, or cmnul., an approval or the
City, advisory agency.,appeal board.,or legisl-ative body concerning
a subdivision, which action is brought within the tilIle period
provided f'or in Section 66499.37 or the Government Code of the
State or Cali:fornia.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year :first hereinabove set
:f orth .
THE CITY OF CHULA VISoTA SUBDIVIDER -:
RANCHO DEL REY INVESTORS.. LP..
a California limited partnership
Mayor or the City OÎ Chula
Vista By: McMil1inProj ect Services., Inc.
~ ~~l;fnrn;~ ~nrpnr~r;nn. R~ Arrnrney
ATTEST in Fact Under ~urab1e Power of
City Clerk Attorney
Approved as to :Eormby Þ1: ~£. t:~~~¡J,
W?îLM' d~ lIt"" ~~ ~.JLØ
I .'" \ ~y¡ Á/\, I . ./
C . AttOrDe¥ . ¡
(Attach ~otary Acknowl-edgment)
-5-
1/4
.
-"" . - -'
LIST OF EXHIBITS
""FY.h ;Þi t "'A" I1nprovement Security - Faithful Performance
Form:: Bond
Amount:: $400,000_00
EY..hibit "B" Improvement Security - Material and Labor:
Form: Bond
Amount.: $400,000_00
P.xh; hit II C" Improvement Security - Monuments:
Form: Cash Deposit
Amount: $4,500.00
Securities approved as to form and amount by
./) -' /' "" q
¿~ ~"'-~ ¿
. (¿;í 'ýY;;.j.r /; ~-v -'J---r /1 ~ 'I; J
'L/',~"--"?i '~.~, ........,
uti t C.vty Attorney' i.J
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement
H:\h08e\a~orney\ssia\RDRR-6.Un2
-6-
~
.
.-. .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
On
personally appeared ,
~ Name(s) 01 S' I
sonallyknown10 me- OR-Dproved10 me on1he basis of.' .sfactoryevidence10bethe on(s)
.whose name(s) islaresubscribed10the within instrument
~""'~~""'~-""""""~1>~""""j. and âcknowledged 10 me that he/shelthey executed the
same in his/herltheir authorized capacity(ies), and that by
.. .. PA""".'.,'¿ " his/herltheir signature(s) on the instrument the person(s),
:< of. ; COMM.# 1C4SSD2 ~ or the entity upon behalf of whichtheperson(s) acted,
:2: . . ~ ~ 'PublIc - CaIIfÐrnIa .Þ-
2, . "SAN DIESO COUNTY ~ executed the instrument.
~. .. . ., MyComm. ExpiresDEC29.1~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W
I
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
.signer~s Name: Signer's Name:
0 Individual 0 Individual
0 Corporate Officer 0 Corporate Officer
Trtle(s): Trtle(s):
0 Partner - 0 Umited 0 General 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact 0 Attorney-in-Fact
0 Trustee 0 Trustee
0 Guardian or Conservator RIGHT THUMBPRINT !J Guardian or Conservator RIGHT THUMBPRINT
OF SIGNER OF SIGNER
C Other: Top of thumb here =:J Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
C 1994 National NoIary Association~ 8236 Rømmet Ave., P.O. Box 7184. Canoga ParK, CA 91309-7184 'I~ PnxI.No. 5907 ReonIer. Call ToII-Frae 1-81JO.676.æ27
. -,
Executed in three counterparts
_e. ~
:-:1= - 0.:
BO~1) YOR t AITBTI..L PERFO}l~1..~"S"CE ~::J:1="~C_: 00-196-131
-.,:s. 7~s:::::;"";- -., ~._" -= .5":"':~-:s~~- :=:J-:r;'-:::.::m. .t."'---'::n:) ~==uu=:: 52.000.00
'-" - - ---w.""'. -- .w'-- "'. __0 . "'-'.' °- --:--.
Vo ~-;.,J¿A..S_!Ì:: CITY C~ :¡fth= Ci:y o;CiJul2.Y'~ Crn'my oÍSê!!Di=gC. S~ ofDlif:):-.;~~
2.!ld ,." Rancho Del Rey - ¡n"\!estQr.s~ L. P ° (n::r-~ ~Prin-"ipa1")
ë~si-= ¡::~T"":- : ~ ¡ SUbdiyisicm 1=lpTov=m:n: -!.-gï'~-D! (~;r.*a l=Ï~l::d!O 2S .. .~œ:m")
"-n=. =::-y == -~~21 2f:~5 10 ~ a'-: :ompi= ~ cb-ï~~T-= publi: Ïmprov~~ for ~ Pr:Jj=
13~~':t: 2: Tract 97-01. Unit 2 of Ranc~Del Rev Sua ITr PARCEL R-(---- : 2!ld
Œ5>
\=.-:" -<~-.;S. :: -~~a1 r!-,~.~ La =O-r:'Tm-n~ =o~~on of said Dubii: ~ov:m::I1!3 LJ:'Ïor Ie
- - - -
~w\~ ofszid -~-.IF bv ~ CÏ:\- ComciI of ~ Cm' of Clmla "\=ma.; 2!Jrl...
-- - '" - - "
'Ç;.' ~ ... R=.. .A.S. ih: Ci!.y of ~ "\:-!S:2.. C D!!!1!Y ~an Di:go. S La!: of Camomia, b2S issu=i ro
- . ..;.. 1 C ..' ";) . N R R 3 14- -r Ch=' - -~ ""1) -.. - -
:':m::",:,21 O!l5::"U::Iœ - ::!Ill! - O. - ~ r:...l.o..J..J.- !O 2S ... =:nm ) !Or ~
~~b:ii: ~;'=::=:¡¡ ('ŒBt 2S s:: Îù..¿ :.. mo~ d=~ û~- Ci::~ .~f~.nnl2 \~~ ~~.~cs. 5 B -45
::::-:)~~ .9 B ~ Có 0 .f: ..=~~ur;i: ~~~-:lûIl o~ ~(l puDil= !!1:IpïûV~~. ~'11l::ll P::::mÏr is h..-:-:b"
!"::f~~ Ie Z!1d ~z ?~ h~ z:!::., CTh
v. =-==..=...~..s. Ed ?:-m.-þj is ~ 1m~-'!ì= r.:::ms of 52id P::¡¡¡ri¡ ro Ín:ü:I5Ïla bond for Ïa:ÏIÏ1fui
p=fo...,._,;~~ ofS2Íå:?~
N OW l~O~. W::. !i1: Principal ~
American Home Assurance Cotlß)anv
. 2 co~on of rœ SLa!: of
New York , (~~~ -Sur:y'"). ar-.. ~ld ami fumly boUDd umo !h:: Ciry oÎ C1mia
V~ ¡ ::nmi::þal ::Œp~on (~:.,~;~ "'Ciry'") m m= Coumy of San Di~, S~ of CaliÏonri2.. and
!O 2nd fu:- rh= ~ft 0: 211Y aDd 2TI p::so~ who ";";'",~}" S'.1ti:.: r:¡:¡TmI~:S by bn:at:h crf!h:: ::~ncfuions h~of,
11:!h:: ?:.....::1 ~ of 1:'m'.,... 'C1TTHì.,...p,; -rhnH~~Tlrì ;:In'" TIn / 1 on åoli2:3. (5 400,000.00 ), iaWÎU1 man-:,
~f rh= l3::Ï!::d S-;n~. f~z 'à:: paym~ ~f whi::h SUIi: w=li imd iIUly ro b:: mad.=. w= bÏ!ld OUIS~v:s, our
h~Ï:'s. sr'--"SSO~. =---""'!:'1:0:S and ¡:¡~"""';~ors. joimiy ami s::v::a.liy. fumly by 1ÏI"s- ~::ms-
l11:: =onciliion c:!iris obi1~Œ is su::h tba: if th: abov::-hcnmå Prin-r-ipaL ms Oï itS h:irs. ~~1T~~ .
arimm;~. .su.:==ss:n Œ :»~~~ ~T-.~ 11 in all tbÏIlgs 5œlå 'to and abid: by ~ and well and truJy ~ and
p:::TQ!II! ¡b: !:m:!S. ::OV~. comfuions, and ~.5ioIlS oÍ said P::mriI aDd a subs~ Agr ~::m anà
any alr.:=-aon Ih=:::Jf mad:: Z! ~ pro\'iõ~ on lús or rhcir ~ ro 1>-- kept 2!Jd p:rÏorm~ at me rim::
2!1å in 1h= ~ rh~.i:l ~ z:Id in all ~ a=ordÏDg ro ~ir IIU:: im:m and U1~T1m~. ami sœn
Í!l~mT'l;~' 2!lå szv= ~i-S5 CITy, Ÿ..s om==s, ag~ 2!lå ~ioy~. 2S m=::in sripulat::d.. th~ this
oDligaúo~ sb..ali b=:o=:mIl 2.!1d voï=.: otll::v.is=, i: sh.all b= ami .L~" .~1-a in full ÍCr--: 2Dd ::n~.
.:"..5 ?a.-r of rb= :Ò~czio~ 5-~ b=-~y ant jz (!rir;tiOIl to th= ~...- amoum sp::::ffi::d tÌl--r::Îor. m..-r=
st2.l1 ~~ =iu~:! :-~ss 2!lè ¡,=zso~i= =---p=:::s=s 2I.1C: f~. im:iuñm:r ~oz¡abl~ aüO:II:Y's f~s. in::u:-..::d
by Ci:y ~ sur--~.iliy =nÍor,jT'l:r s=: obligario~ all ro ~ ID;.::d 2S c::osr.5 and ID=iuå~d Í!l 2DY judgm=nt
:- ~:J a =.::=..
7rl= Sur--:::' h==:,y s:ipu1at::s ~d 2.gr=s !Ì:2! no chang::. ~ion of tÏm::, alœ..-arion or aciåirion
to tb:: 1:: ~ of'¡h:: ?=:::ill or tom:: wo:i: to D-- p::rfo:m::= rh..-r~ or the speciÏiC3.IÏons ac:companyÏD.g
rh:: sam:: ~ in an: ",-is: 2.fÏ=r its obligations on this boIJè... and ir dœs h::r--by waiv:: notic:: oÎ aIIY such
=harŒ::. ~'L:I!SÏon of!Ïm::. 2lt="atÍCi!l or aådiriDI! to th:: !:IDS of Ih:: P:rmit or to th:: work or to th::
sp:dfi~~ons. fl7
::: ¡,.":':"':= :: ~ a::-..s "t1~z¡~ fa; ?u..~ ¡o i:h:?==ñ1 b.::.""=?::rar= Z~\'~. ~1: foTI~\\'b.Ç 2=:5 an:
---=-..,--:--.: -:--... ~_.:~;""-"; if'. -.;.,;..-, -"" :h- "--'::: :J~ -:-;::: bO:l":.
: -"----. -- ----. ::>_-':-- Lv - --- . - -..
:-' ~.-=-.\:.=.S3 V\:,--GO? -;-y;, ~ ~2::: b~:l ~- ~~ "t1y 'Ò:P_;TI"'~a1 2.!1d Su:-::~
~~:J\': --:---.~:.. == March 30 . 2.9 98.
RANCHO DEL REY INVESTORS, L.P., a California
limitea.partnership ..:... ... .............. .. .... . ... :. . .. . ....... -
-
By:McMILLIN PROJECT SERVICES, ~NC., a California
corporation, its Attorney-in-fact under a A.'ŒRlCA..~ HOME ASS~CE COMPA.1qy
recoraed durable power of attorney dated ~;::_... :r: S~'~~. \...:J:a::ïZ:;\"
June 2,~ ~ 3y N¡~.',~ Y-ßthh/
3y / ~~ A-, , 3zd2f!vt ~
3C{SC'\-~ Patricia. H. Brebner» Attorney-in-Fact
777 S. Fi2Ueroa Street
Arici~s of 5l!r:~' Co~~~'
00- 196-:131 Los Anveles. CA 90017
3-":1';--:~-i: "\"""' C~. Sm: ¿jp Caœ
;,,¡~~- ";--. - _.
ABO,"1="- SIG!\..~TORIES ML-rsT BE NOTAR I/o F n
...:: ...... .- ........... .... ..... ."'.".. ..... ... ."'."" ... ... ............ ...... .""... . 'h"". ... .n. .""...,..". .. .""m.... ......................... ... ". -
ì " 'RID~:.:;::... .~.
Bond1?::>ii=y ~ù_: 00-196-131
-
~'!J-E~ Rancho Del Rev Investors. L.P.
.~OUZ:: 5400,000.00
b :ZVü.. 0: CÏt:" (\7 CQg12 \~5L2
Tnis b~ 5DbIT jrr~ Ïo-.. Rancho Del Rey Investors. L.P. .
COV:rE ~L.;.l:l=iDIl of public: imprnv~~rs. iÏ any~ both priOL ro and sub~-m to. ~iry approV4l of
P:-i:b~ipz.rs Subdhisiœlmprov~m=IJL~ Z5 to!h: proj~ known Z5 'T"-"'r-r 07-01. TIn;~ ?
or Rancho Del Rev Spa III .
Tr5 Ri~:- is ~:~~\'~ March 30,1998
:\'a:u: :: Su:-::--; ~rican Home Assurance Companv
3~ .&.. J~~ :
- :a<ac1.a !f~~~,,- n. . d . - -~n-za .
ABO\~-5JG;\ATORIE5 M"CST BE ~OTARIZED
,.. " " """.'.... "., '.".". ."."" " ..
A,E'ERO-\"3 :~...s TO .:oOR..?,,!:
æ' y «"-'-1 ,"'-1: -t....;, b ~ ð II?
C"'- I "':, - y . (j;j E:\.~OMEðG!N==K\L~ "~~:'\":n'Dun'::D ~n"",, ~m
CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.S907
State of California
C ty f Orange
oun 0
On Maxch 30, ~998 before me, Sheila K. McDonald, Notary Public
DATE NAME. TrTLE OF OffiCER - E.G.. "JANE DOE. NOTARY PUBUC-
personally appeared Patricia H. Brebner
,
NAME(S¡ OF SlGNER(S)
~ personally known to me - OR - 0 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
ji A>.f>"- ~"-'! . ;( W' DONALD ~ behalf of which the person(s) acteå, executed the instrument.
..' '~"';;;;:--':';'~ vn::j~'; ". """ . 1 ,
~ t~::.j}:~~ NClc=,.¡:.:~.~c~~9'~:~;~NìA ~
. ->'.' ~" oJ
~~;:;;:.~/ O"r.,:':: CUUI\; iY .'J WITNESS my hand and official seaL
~' ~
J! MY COMMISSION EXF::ES :,IAfìCH 15. ¿ODD ~ Jzy~ YJ/244:dd
':;"~--??-_..._~~~.~-
SIGNATURE OF NOTARY --
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AITACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
0 PARTNER(S) 0 UMITED
0 GENERAL
ŒJ ATIORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR NUMBER OF PAGES
0 OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S) OR ENTTTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
~9
WC4O67/EP 7/94 @ 1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave.. P.O. Box 7184 . Canoga Park. CA 91309-7184
, CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
C ty f Orange
oun 0
On !!arch 30, ~998 before me, Sheila K. McDonald, Notary Public ,
DATE NAME. TITLE OF OffiCER - E.G.. "JANE DOE. NOTARY PUBLIC"
personally appeared Patricia H. Brebner
,
NAME(S) OF SlGNER(S)
f!J personally known to me - OR - 0 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/herjtheir authorized capacity(ies), and that by his/her/their
signature(s) on the instrumentthe person(s), or the entity upon
-~.~~. behalf of which the person(s) acted, executed the instrument.
jr-~ ~ ;H~ï~.!\~¡\~;C ~D;N~l; - 't
~ ð[~~j:o-t.J+.,~, COM[vi. T'. :090412 ~
~ ~.1t.~~ N~T' . ~ WITNESS my hand and official seal.
~ .\>i._'\...,~.. \.: A.'ì r"JBUC.C,...UFORNIA .:::.:
~.. . ;,:;¡:,""-" ùRA:'~G¿ COUNTY::::: ~/dÆJ'V I/}~A
~I tit\' ~OMMI~ION EXf'!RES ;.t~"CH 15. woo ¡
- ~ .' ? ~ ~ ? ? ? - . ~ ~ - r r ~ SIGNATURE OF 'NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlTLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
ŒJ ATTORNEY-IN-FACT
0 TRUSTEE(S)
D GUARDIAN/CONSERVATOR NUMBER OF PAGES
0 OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S) OR ENTITY(lES)
SIGNER(S) OTHER THAN NAMED ABOVE
5õ
WC4067/EP 7/94 @ 1993 NATIONAL NOTARY ASSOOATION . 8236 Remmet Ave- P.O. Box 7184 . Canoga Park.. CA 91309-7184
Executed in three counterparts
?il: ~O.:
BO:\1) FOR !\1A.TERL4.L _4.::~"TI LABOR ~:Jnd .~Q.: 00-1 96-i31
'7:: 3~ ::~ ?:i::J::- ::: -~'ppZiJ~'aì 0; .su:,:i:'.~iO""- ;~¡uv= .':'_.:=:nr) =--=:::=r.'~' Included i::
I pe=£or:a~ce bond
~ ..; -:Z.::....;.s. :h: Ci:y Cmm=il of ID: Ci:y of Cnnia \:-l.;)~ COUI1!Y 0: San Di:gc, 5:2~ of
~(,,:r Ed Rancho.De1 Rey Investors, LP, (~:iT~;:!'fr.=r~~~c1ft)
ci~~ ::: :¡¡r= ~" ~ 5Ub:!1,'isjO!llmprov~ ?~ Cn~~1~:::::I::-~f:... === ID 2S ... -~~")
';;'~~ : - ~ ~1-:p21 ~S W mmn Z!ld compi~ =-~ ~~~-d pci>ii:: Ïmprnv~~ fa-. :l:= pmj:::r
1::l0~-:: ~ 'Ira:::: 9ì-Ol, rnit 2 of Rancho Del Rey Spa III PARq= L R-&' ~:2!ld
~ - -~:....s. ?ÍU;.;~~21 ~-,,~:S 10 =~~~.. =~L:1l--¡io¡: of said publi=.i::J.p¡-ov~ prio:-l0
4LJUH.I'.::l of S2.iå -~ ~ by !Íl.:-Cirv COUIl--ï1 of Ib= Cirv of C.m.üz V-1S!Z.; '2!1!i.
-- -, - - -
~ ., - t{.::AS. m: CI!3' of Chu1a V -~ Coumy of San Di:go. Snœ: of CiliÍ0rn.2. :æs is:.-n=l to
: -; i ¡=.~ë1 C~-.:n:rim:¡ P:zci! ~o- -R K 2> ¡ 4- :¡: C~ ~=;I ¡~~ T:Î~¿ !O 2S "'P=rnm"') fŒ!h: -
pubi1:' '. ü VV~~ ZS s:: Ïo:!h m mar-- ~ OIl Cty of Cmili. \;-~ D~c."'~ :Nos. 38 -4-J2. ~
~-oD~ ¿, B - ¿~ -' .l_~-Õ~~ ::onsr:u...-rÏOIi of said public !mprov~~, ..'"hi::h P=mir is b-~by
-. " . - -
:-::r==-= :: 211:: ~n" a Fa:: ¡¡::--D!: a:üG..
~ ~¿ ~ " :::1d::- t1: r::ms of S2.id ?:mÏ!.. ?riIL..-jpaI is ~ b:Í0I':: ~....i.ug upon !Ì1:
~ju - ,- ":-:~ of!h: ~rœ:t.. ¡o :fil:: , gooã 2!Jå SIIïi1ci~ pa.ym::m: hand ~'ÎtÌl m: CITY of C1mi2. Vis:a. to
s:::::ur: ¡b: ~i:2~ to whi::b. r~~ is ~in T1f1- 15 (U)IIII"~~ with S:::rion 3082)~ Pan 4.
Dh~ .3. of tb: G~il Cod: of tb: Sœ: of Cali:fm::t:œ.
N OW 1 i::it.iŒF 0 ~ said Prim:jp al ami
American Home Assurance Comn~nv
, a corpozicm of !b:: S:ar:: of
?J'~n: y,..,...',r , (n::r--m~fr:r -St;.;:=...\""),3r: ~ìd ami ÏL:miy bOIIDd umo IÏ1: CITY of Chula
V~ E.::nmi:i;;21-.J::porariOIl (n::.ir".~ "'Ci!3-") m IÏ1: Coumy of San Di~go. S-::rA of Cailio:-:-'~~. and
ill =O~"ï:J~.. S:l1D~u£~L.Ùrs, labor:..-s. :ma~~ and orb-r p=SODS ~iQY~ in the p:io~'r""'-
of rh: ~J.l~szid p~ 2!l:l r:f~~ to m m: zior:said Coci: of Civil P¡v -ãm-.. m IÏ1:sum of
Four Hundred Thousand ~~d no/lOa åollars, (5 400,000..00 ) lzwfu1 II1OD:" of!Íl.:
.I, -
UIrit:::i S~. for TT'.~T""::";~j~ ~c.h~ or labor !Ï:lcr:on of any .kind. or fur 2!DOIIIItS clue unã::r th:.
un=m;üO)~ T~I;;-...nr--- ..tu:t WÏ1h I:spe=t to sncl1 work or 1aDor. tbar sajd Sur=:y will pay th: sam: m
211 amO1!!!rl1or =~;"cr m: amoum h=r:mabov:: s:t fo~ ami also in case: sui¡ is brou~ won this
-' - ..
bond. ..-ill pzY. m ~:'Ìñ;rjOD. ro IÏ1: þ.... amoum rb==:>f. COS!S and ~om.blc: ~-s 2I1d f~. iDcluñm~
Z'~oI:2.b¡: mo~'~s fc:::s. ÌD~~ by CiI}' in su:::::=ssfully ::morcing sucl1 ODÏÏ:c:ariOn.. to D-- zward::d
znd ~ by th: c:o~:.... ami 10 D-- taX::d 2S com anå robe: induã::d in m: jud~~ m:r--in r:::1CÌ~
.l: ~ ~~b.... :A::1~S!"" SÜD~ 2!ld 2Z'~ !bar this bODCi shill inur-- ro fu:: b:n:ñr of aID' 2.Dd
- . -.. - -
all ~=-~:;:s. =:J::J:;~ 2!lè :::J:Do:zrions :m:jri-..; ~ ñi: =~ umi::: '1 me: 15 (C~~-jT1cr u~ S=:iOD.
3Gš2). ?2..-: 4.. Dn-5Ïvn 3. of 6: Civil CO~, 50 as 10 g1V~ z rigbr of r-..ion 10 t=m o¡- ib~~ zssjgI!s in
2.ny ~ :,!:)U ~;,r Ùp;:m I:b1s bond..
S"¡¡oulè Ò: :::J:1dÏriOIl of ¡hi, bond be: fuliypdo:m:d.. ¡h~ rh;:: obligaTIo!: shall b:::om~ mill2.Dd
void... v-:-'-~is:. ir stall b-.. 3I1è ~ in full f:JL: and:n::::...
l.œ: 511:"::\' D::-_by sriDu1ar:s and ær=s thaI no c::baœ:" ~on of rim:. 2lt:ration or 2ååirion
10 th: '!::- ~ of ~ ~ or Ïo the: work tÕ b-- p::Ïorm:d ~ Œ tb= ~~ons ace, 'w:'anyÏng
51
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
~~<""'~~Q= - - -
State of Cali1"ornia
I County of San Diego
,
. On April 2, '998 before me, Carol L- Bond. Notary PubliC'-
DATE NAME. TlTlE OF OFFICER - E.G.. -JANE DOE. NOTARY PUBUc-
personally appeared Thomas A. Fuller and Dennis E. Cuc~~rese . "
NAME(S) OF SIGNERIS)
[Xj personally known to me - OR- 0 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 ac- .
knowledged 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.
j""""""""""""""""""""""""""""""""""""" rl
WrNESS my ~ a~ffiO:¡';¡ seal.
. "~:':::. "0 CAROL L. BOND t
:{ (..re) ~ o~ COMM. # 1O28626:z V I'. I \ V J
Ž :t~'..{f ,': Notary Public - California ~ ' ~ ^ /~ . .'
.:-i . SAN DIEGO COUNTY - ,
~ J'" ..:. My Comm. Excires JUN 5. 1991
.....~~~~.....~~-~~~.....
I OPTIONAL \
Thougn the data below is not required by taw. it may prove valuable to persons relying on the document and could prevent ~
fraudulent reattachment of this form.
~ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT X
LJ INDIVIDUAL
~ [J CORPORATE OFFICER
mLE OR TYPE OF DOCUMENT
T1TLE(S)
0 PARTNER(S) 0 LIMITED
I 0 GENERAL
I 0 ATTORNEY-IN-FACT
. NUMBER OF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
. 0 OTHER:
DATE OF DOCUMENT
.
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENT11Y1IESI
SIGNER(S) OTHER THAN NAMED ABOVE
- . ... - ;;0.
01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave.. P.O. Box 7184' Canoga Park. CA 91309-7184
-CA 15-
. 52-
::.~ ~~=: ~ ::: 2:--: - :.s~ .::...= :-..: :J~E~~:)=s 0= - ~, :,::;~. ¡:-.-= :: ::-:; ~::. :::=-y ~.-: ~::¡j:: ::¡': ~-.. ~._~
' ,--.. - ,- '.-'. "- - - ,--.--
::::~;=. ~;::=:-..::;::: :: :=~- ~~¿j~ :J:- ê..J'::~::: :: ~ ~ :;: ::::: :':==.:: ::- :: :::: -.;;::::-~ ::- :: :::::
,:--.--,,::_;-,--:
. :'-------_.
7"'" v.--:-"\: - ~~ ~-:... - -'-=a:: -:..,;, ~~..-.- :..~': ~.-T'I ";,-j-- .......--.~-..; !,'\" -:"'. :;...;..,~-: --:.: ,------
- --- -- -'-- -. "'-.--- ...--- \J.-.\ _¿_- ¡'- - ----J.~c..:.::..-- ---.'
-:;'J:)-\': ~::::.. := Ma!"cn 30 . :.9 98
RANCHO DEL REY INVESTORS, L.P., a California
limited partn€rhip :..- ,-
By:McM~~~N EBDJECT SERVICES, INC.~ a California
co..rporation, its Attorney-in-fact under ,a ,~ A.vERI~_~ EO:~ ASSL"R.;_"c=. ca~~.,:;\l
CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
State of California
County of Orange
On Karch 30. ~998 before me, Sheila K. McDonald, Notary Public
DA1E NAME. TITLE OF OFFICER - E.G- "JANE DOE. NOTARY PUBUC"
personally appeared Patricia H. Brebner
NAME(SI OF SlGNER(S)
I!J personally known to me - OR - 0 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
j¡ £;T~~~' £ ;H~i~A £ K\~C AD;N~L£D A It signature(s) on the instrumentthe person(s) , or the entity upon
behalf of which the person(s) acted, executed the instrument.
~ (~Þ-~~.'i. ~'"1\'i'.¡ ':";"~C',"\"" ~
~ ~{f;?fJ/ :;Cï:::';: ~~i~C~~:;~~~~::'A ð
-, -" ~'.M"\;¡c. '" '-'I. I\,)
1: MY CDMMISS:::¡ ~?!:¡E~ :,1A?CH 15. 20DO I' WITNESS my hand and official seal.
~ T - ~ - T - - - - - T ~ - - - ~ - J¡' if/, IÎ
. W//7 . mß~dd
SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AlTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
0 PARTNER(S) 0 UMITED
0 GENERAL
ŒJ ATrORNEY-IN-FACT
0 . TRUSTEE(S)
0 GUARDIAN/CONSERVATOR NUMBER OF PAGES
0 OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S) OR ENTTTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
5¥
WC4067/EP 7/94 @ 1993 NATIONAL NOTARY ASSOCIATION. 8236 Remmet Ave- P.O. Box 7184 . Canoga Park. CA 91309-7184
"~rvnl'l,", I"\u..-""un.,...u~t: J.\\"l\.I"UYVU:UuMt:N I No. 5907
State of Ca~ifornia
C ty f Orange
oun 0
On Ma:z:ch 3D, ~998 before me, Sheila K. McDonald, Notary Public
DATE NAME. mLE OF OFFICER. E.G.. "JANE DOE. NOTARY PUBLIC"
personally appeared Patricia H. Brebner
,
NAME(S¡ OF SIGNER(S)
~ personally known to me - OR - 0 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 instrumenUhe person(s) , or the entity upon
1'- - - - . - . . . . . - ~ - - - - - behalf of which the person(s) acted, executed the instrument.
~"-;" ~"~!'1' f' , I
Ilf,~~~i^ vr.~,L'"' K. Mv DONn~D :t
§ ;~~!tj i~~T~~:~:¡;:~i.Ç<-~~¡~;~1~N¡A § WITNESS ,my hand and cffjci~ --
~ ~":.,"... ur.,.,,\ut:. vvUI\ I Y ;,:;
1ì MY COMMISSION EXP:?::~ MAí;CH 15. ZGGO J ~ t q¡(m I W
~ - - - - ~ - - . - - - .~ ~ ~ '.~ ~ " 7þ;/~ / . n J'/72¿'
, SIGNATURE OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
0 INDIVIDUAL
0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TTTLE(S)
0 PARTNER(S) 0 LIMITED
0 GENERAL
ŒJ ATIORNEY-IN-FACT
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR NUMBER OF PAGES
0 OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S) OR ENTrTY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
55
WC-40ð7/EP 7/94 @ 1993 NATIONAL NOTARY ASSOCIATION. 82315 Remrnet AWJ- P.O. 8ox 7184 . Canoga Park. CA S1309-7184
,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. :907
. ~~~~~ -
- -
State of California
I County of San Diego
,
On April 2,1998 before me, Carol T.. Rand. Not;:¡ry Pnhlir'-
DAlE NAME. TITlE OF OFFICER - E.G., "JANE DOE. NOTARY PUBLIC'"
personally appeared Thomas A. Fuller and Dennis E. Cuccarese "
NAME(S) OF SIGNERISI
[i] personally known to me - OR - 0 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 ac- '
knowledged 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.
.
.
~ "
I OPTIONAL '
Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent ~
fraudulent reattachment of this form.
~ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ~
0 INDIVIDUAL
~ 0 CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TlTl..E{S)
0 PA~TNER(S) 0 LIMITED
I 0 GENERAL
I 0 ATIORNEY-IN-FACT NUMBER OF PAGES
.
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
, 0 OTHER:
DATE OF DOCUMENT
.
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTTTYIIESJ
~ SIGNER(S) OTHER THAN NAMED ABOVE
.
- ~ ~ ~ ">...;0-- ~ -< ~ ~ ~ ~...... <k" ~..".....,."
.Q1993 NATIONAL NOTARY ASSOCIATION -8236 Remme! Ave.. P.O. Box 7184-Canoga Park. CA 91309-7184
-CA 15-
-- ----- ----- ._~-......~~ ,""UiUtJA4.&] fUWER OF A ITOR."EY
~arionaI Union Fire Insurance Company of Pittsburgh, fa.
Principal Bond Office: lï5 Water Street. New York, N.Y. 10038 ~o. 05-B-34295
Kl~OW ALL MEN BY THESE PRESENTS:
T1w American Home Assul4.I1ce Company, a New York corporation, and National Union Fire: Insurance Company of Pitt:>burgh. Pa...
a Pennsylvania corporation, does each h~by appoint
-Mike Parizino, James W. Moilanen, Robert M. Minot, Janina Monroe, Lourdes Landa, Sheila K. McDonald, Jeri Sumncr,
Patricia H. Brrbncr: of Santa Ana, California-
its true and lawful Anorney(s}-in-Fact., with full authority to executt: on its behalf bonds. un deTT.ak ings. recognizances and oilier
contracts of indemnity and writings obligatory in the natur'e iliereof, issued in the course of its business, and to bind the re~tjve
company thereby.
ttru; 246 day ofDettmbc:r, 1997.
~'~
Lø I W. ûrhtrcm. Sc::ùor V)œ Pre:ide:tt
Nmom.l UIUaa Fin: ~ ~ 0{ ~ P A-
Va Prcidcm
Ame:ic:a Home ~ eo.'[~....cy
STATE OF NEW YORK }
COUNTY OF NEW YORK ¡SSe 4~ (JÆ.i.
On this 24m day of December, 1997, before me carne the
above-named offic=- of Arncic:an Home A.s:su.."'anC: Company æJd . / -./ - ,/....." ,'-.
National Union Fin: Insurant::: Company of Pimburgh. Pa.. to me ~A.f.I.~r.: ' /
~"Y P-..òI:, ~ c: ~ 'b1t . .
personally Known to be the individual and om=- d=ribcd hO'1:Ìn. fè. CL~:::œ14Z8
aod acknowledged that he O::=tI:d the foregoing instrument and c;.~,,", I:t ~ Cw.-;.c; C n
affixed the saJ.s of said corporations thr=:o by authority of his Com"", - i(j ~ ~")é ~¡-LLL
0 ffi cc.
CERTIFICATE
bc=-pt:s of Reso!utions adopt=d by the Boards of Direaors of Amcican Home Assurano: Company and National Unioo Fin: lnsuranc:: Company of
Pittsburgh. Pa. on May 18. 19ï6:
-R!:SOLVED. that the Chairman of the Board. the Prc:sidenl, or any Vie::: Pn::iidcnt be, and h=by is. authorized to 8ppOint Anamc:ys-in-Fact tD
""!o"'~t and act for:md OIl bcba1f of the Company to o::CC'.rtc bonds. UDdc::takÏng:!., ro::ogni=c:::s md otba ~~ of indemnity and writings
obliprory in the nature thc:n::oi, and to cœ:h Ibcrco the corpo~ scaJ of the Company, in the tnmsaaioo of its surc:y busincs';
-RESOL YED, that the si~ andatte:sattions of such offic:::rs and the scù of the Company may be affixed to my 3UCh Powa of Attorney or tD
any ccrtific:ur rela1ing thcre1O by fac:>imilc. and any such Power of Attorney or c:errific:u.c baring such fiIcs:imile sign.uun::s or filcsimjle scù shall be
vaiid and binding upon Ibe Company when so affixed with respc::t to any bond. undauking. r=gnizaue::: or alba COI:Itract of indannity or writing
oblig1l1Ory in the narure thereof;
-RESOLVED, that any such Attorney-in-Fact delivering a secretarial c::nification that the f°rI:6oing resolUtions Still be in effect may inscn in suci1
c:::rtIfionion the dale thereof, said date to be not lair: than the date of delivery therrof by such Attorney-in-Fact..
1. ElizBbc:th M. Tuck. Sccrt:tary of AmcriCU'l Home Assurane::: Company and of National Union Fin: lnsunme::: Company of Pittsburgh. Pa. do
hc=by certify that the fort:going cxcapt:s of Resolutions adopted by the: Boards of Dircaors of thc::sc: corponttioos., .00 the Powm of Attorney
issued pursuant thc:n:to. art: true and correct. and that both the ResolUtions and the Powers of Attorney art: in full fore::: aDd effect.
rN WITNE.SS WHEREOF, I have hereunto sc:: my hand and affixed the facsimile: scù of each corporation
~~. this 30tL d.Iy of March 19 98
,"" ',. '\ ---' -
. .:;¿r" --<"'!"""~.)
;[$:::;';"':>' '; - ~~ 9 1d.. Ì4 ~ É..J
~
-';"~ i~,J.o'J U. l.v~
~"'". C-/~ "" ...
57 a EIÏ2:1beth M. Tuck., ~.ary
... "
ATTACHMENT 5
P.ECORDING REQUEST BY: )
)
Ci-:::y Clerk )
)
WHEN "RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No trans£er tax is due as this is a )
conveyance to a public agency of )
less than a fee interest :Eor which )
no cash consideration has been paid )
0= !:'ece~vea. )
)
)
)
Developer )
)
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 20, 22, 23, 24, 33, 37, 52, 53, IX.C,
54, 58, of Resolution l8570,
and Conditions Sl,52,53,62,64,75 of Resolu1;.ion l6222)
This Supplemental Subdivision Improvement Agreement ("Agree-
ment") is made this - day of , ~998, by and between THE
CITY OF CHDLA VISTA, California ( .. City" or .. Grantee" :for recording
purposes only) and RANCHO DEL REY INVESTORS, L."P., a Cali:fornia
Limited Fartnership ("Developer" or "Grantor"), with re:ference to
the :facts set :forth below, which recitals constitute a part of this
Agreement;
RECITALS
A- This Agreement concerns and af:fects certaÍD real property
located in Chula- Vista" Cali:forni-a" I1lore particularly described as
Parcels 2"3,, .and ""A'" o:f Parcel Map .No. l784l ("'Property") - The
Property is part o:fa projectcammonly known as Chula Vista Tract
97-0l, Rancho Del Rey III, Parcel 1(-6, Unit 2. For purposes o:f
this Agree1llentthe term "Froj ect" shall I1lean"Property"'..
B. Developer is the owner of the Property..
C- Developer has applied :for and the City has -approved a
Tentative Subdivision Map commonly referred to as Chula Vista Tract
97-0'1." RANCHO DEL.REY III., Parcel R-6, ( "Tentative Subdivision
Map") :for the subdivision of the Property-
1
Sf
D. The City has adopted Resolution Nos. 16222 and 18570
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolution, copies oÍ which are attached hereto as
Exhibit "]I¿11 and "'B" and incorporated herein.
E- City is willing 1 on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as being in substantial conformance with the
Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terES
and conditions herein contained, the parties agree as set forth
below.
~. Agreement Applicable to Subsequent owners...
l.l Agreement :Binding "Opon :Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
asslgns and interests of the parties as to any Dr all of the
Property until released by the mutual consent OÍ the parties.
2,.2 Agreement :Runs with tbe :Land. The burden of the
covenants contained in this Agreement ( "Burden") is f or the benef it
of the Property and the City, its successors and asslgns 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 oÍ the community and other parties public
or private, in whose Íavor and for whose benef it 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 proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants lIlay be entitled.
a. DeveJ.oper :ReJ.ease on Guest ~uiJ.'der Assignments,.
If Developer assigns :any portion of the Project:, Developer may have
the right to obtain a release Df any 'of Devel-oper's obligations
under this AgreeIDent" 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 reIDain 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
AgreeIDent as it relates to the portion oÍ the Project which is
being acquired :by the Assignee.
2
51
b. Partia1 Re1ease of Deve1oper's Assignees. If
Developer assigns any portion of the Project subject to the Burden
of this Agreement, upon request by the DevelDper Dr its assignee,
the City shall release the assignee of the Burden Df this Agreement
as to such assigned portion if such portion has complied with the
requirements Dfthis 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 Bo. "20 - BuildiDg Permits. In satisfaction Df
Condition No. 20 of Resolution 28570, the Developer agrees that:
a. The City may withhold building permits for any unit within
the Proje~ if anyone of the following Dccur:
i. Regional development threshold limits set by the East
Chula Vista TranspDrtation Phasing Plan have been reached.
ii- "Traff ic volumes, levels of service, public utilities
and/or services exceed the adopted City threshold standards in the
then effective Growth Management Ordinance.
b. The City ll1ay withhold building pennits :for any of the
units wi thin any phase Df development identified in the PFFP, if
the required public facilities, as identified in the PFFP or as
aJIlended or Dtherwise conditioned have not been completed or
constructed tD satisfaction of the city. The Developer may propose
changes in the til1ling and seguencing Df development and the
construction Df improvements affected. In such case, the PFFP may
be amended as approved by the City Planning DirectDr and Public
Works DirectDr.
3. Condition Bo.. 22 - Subdivision :Map Indemnity - In
satisfaction of Condition No.. 22 of Resolution 28570, the Developer
agrees that, on the condition that City shall promptly notify the
Developer Df any claim, action or proceeding and on the :further
condition that the City fully cooperates .J..n the defense, the
Developer shall defend., indemnify, and :hold harmless tbecity, and
its agents, of:ficers and employees" :from any claim., .action or
proceediDg.agaiDst the City., or its agents., of:fi-cers ~or employees,
to attack, :set aside., void Dr annul any approval :by the 'City.,
iDcluding approvals by its Planning COIDInission,;city Council., or
any .approval by its agents., "Officers., or e.mployees;with regard to
this proj ect.
4.. Condition Bo.. 23 - Erosion and D~age Indemnity.. In
satisfaction of Condition No. 23 Df Resolution ],8570., the Developer
agrees that,on the condition that City shall promptly notify the
Developer of ClDy claim, action or proceeding, Developer shall
defend, iDdemni:Ey, and hold harmless the City., and its agents,
officers and employees., :from any clai.m, action, or proceediDg
against the City., or its agents, Df:ficers or -employees, related to
3
6rJ
erosion, siltation or increased flow of drainage resulting from the
Property. city agrees to reasonably cooperate with Developer in
the defense of any such action, claim or proceeding~
54 'ConditiO1l :Bo.. 2-4 - 'cable ~elev.ision Easements. In
satisfactionDf ConditiO1l :No. 24 of Resolution ~857 0., the Developer
agrees to pennît all cable television coçanies franchised .by the
City of Chula Vistaegual opportunity to place conduit to and
provide cable television service for €ach lot or ~t ~ithin the
Project. Developer further agrees to grant, :by license or
easement, and :for the benefit of, and to .been:forcea.ble by, the
City of Chula Vista, conditional access to cable television conduit
within the properties situated -within the Project only to those
cable television companies franchised by the City of Chula vista
the condition of such grant .being that (a) such access is coordi-
.Dated -with Developer's construction :schedule so that it does not
delay or .i1npede Developer'.s construction schedule and does not
require the trenches to be reopened to accœnmodate the 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 wi thall other rules,
regulations, ordinances and procedures regulating and af.fecting 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 a determina-
tion .by the City of Chula Vista that they .have violated the
conditions of the grant.
6- .condition .Bo- 33- DecJ.aratiollof Covenants,Collditions
iDld Restrîctiolls.. In satisfaction of Comlition 33 of Resolution
18570, the Developer shall include in the Declaration of Covenants,
Conditions and Restrictions ("CC&R' s") provisions assuring
maintenance of all applicable open space areas, streets, driveways
and drainage systems which are private. The City of Chula Vista
shall be a Ilamed party to said Declaration authorizing the City to
enf orce the tenns and . conditions of the Declaration î.n the same
manner as any 'OWller "Within the :subdlvi-sion. Developer shall also -
include î.n the 'CC&R" s :a set .o:f -design and construction ~idelines
:for allowable accessory structures .outlî.ning setbacks '(sides .and
rear)., :maximum pennitted private patio area ,coverar€a., permitted
height,etc. and related design and construction speci:fications.
7. Condition Bo. 37 - 1!unici.pal Code Compliance. In
satisfaction. of Condition No. 37 of Resolution 1.8570, the Developer
agrees to comply with all applicable sections of the Chula vista
Municipal Code:; the Developer £urtheragrees to prepare its Final
.Map and all plans iil accordance with the :subdivision !Map Act :and
Cityts :Subdivision Ordinance ,and Subdivision Manual~
-4
6/
8. Condition Bos. 52 and .53.. Required Parking. In
satisfaction of Conditions 52 and 53 of Resolution 1.8570, the
Developer shall prepare, submit and receive approval by the
Director of Planning a parking plan illustrating the distribution
of all reguiredand guest parking spaces -as prescribed in Section
VI. fj-Aof the Rancho Del Rey SPA III :Sectional Pl-anning Area Plan
-and Planned Community District .R.egul-ations. "The submitted parking
plan shall provide the reguiredparking within lOO :feet and guest
parking within 2 00 :feet of the particul-ar unit it is intended to
serve, but in no instance shall the required -and guest parking be
located outside the residential clustcer area it is intended to
serve-
9.. Condition Bos.IX.C, S4and :58 - compliance -with J.lap and
PlaD pxovisions.. In satisfaction of Condition .Nos- IX.. C, 54 -and 58
of ..Resolution 2"8570, Developer agrees to comply with all
unfulfilled conditions of' approval of'"the Rancho Del ..Rey SPA III
Master Tentative Map, Chula Vista Tract 90-02, -established .by
Resolution :No. 1.6222 approved by Council on June l8, 299l., and to
remain in compliance with and implement the terms, conditions, -and
provisions o"f Rancho Del Rey .sectional Planning .Area (SPA) plan,
General Development Plan, Planned Community District ..Regulations,
including Section XII.2-C Bandicap Parking Requirements and Section
VIII.3-G Item Nos. l, 4 and 6 of the Special Standards for RC
Districts, Rancho Del Rey SPA III Water Conservation Plan, Rancho
Del Rey SPA III Air Quality Improvement Plan, Rancho Del .R.ey SPA
III Residential Design Guidelines and Rancho Del Rey SPA III Public
Facilities Financing Plan, as 'amended -and as are -applicable to the
Property; Developer further agrees to provide the City with such
security (including recordation o"f covenants running with the land)
and illlplementation procedures, as -the City :may require to assure
that a:Eter approval of the Final Map, the Developer shall continue
to comply and remain in compliance with and implement such plans.
J:O.. Condition Bos. 5.:1., 52, and 53 - Fire Jlydrants. In
satisf'action of Condition Nos.. 51., .52, and 53 of Resolution :No.
1.6222, Developer agrees to install, test, mldoper.ate .all fire
l1ydrants required by the Fire Ch:ieÏ prîor to plõ.cement o:f -any
combustible :materials on site o:f .any 1lI1it in tb.e project" which
such bydrant :maxi:mmn pressure :will Dot >eJCceed :LSD psi.; :in
conjunction ther-ewith, Developer shall provide roadwayõ.ccess at
such sites :for :fire apparatus as reguired by the :Fire Chi-e:E-
u.. 'Conð.:ition ii2 - Coç~iance witb ;Gr-owth !o1a1:1a 9 ement
ordinance. In satisfaction of Condition No. 62 o"f Resolution No.
1.6222, Developer agrees to comply with the Growth Management
Ordinance :which is inef'Í ect -at the ti:me :building penni ts are
issued pursuant to -each such :final JIlap;; Developer :further -agrees
that such compliance includes" :but is Dot :limited to the :EastChula
Vista Transportation Phasing Plan, the.AÏr Quality I:mprovement Plan
and Water Conservation Plan :for the proj ect then ïn -er:fect.
5
6;2
~2. Condition 64. - No Protest of Maintenance District or
Assessment District. In satisfaction of Condition No. 64 of
Resolution NO4 l6222, Developer agrees that prior to approval of
each final map for the project, it will Dot protest the formation
of a district :for the JIlaintenance o:f landscaped JIledians and
parkways along streets -within and ~djacent to the subject property.
:1..3. Condition 75 -Comp1.iaDce 'With :Applicable Laws. In
satisfaction o:f Condition No.. 75 of Resolution -No~ l£222, Developer
agrees to comply wi thall relevant Federal, state, and Local
regulations, including the Federal Clean Water Act; Developer
further agrees to provide testing and documentation as required by
the City Engineer to evidence such compliance.
'"J.4. Satisfaction of Conditions", City agrees that the
execution of this Agreement constitutes satisfaction of Developer's
obligation of Conditions 20, 22., 23, 24, 33, 37, IX.C, 52, 53, 54,
and 58 of Resolution 18570 and 5l,52,53,62I64I75 of Resolution
l6222)
:1.5. Dn:Eulfi11ed Conditions- Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Rancho Del Rey III Master
Tentative Nap Tract 90-02 and the Rancho Del Rey III Parcel R-6
Tentative Map, (Tract 97-0l, established by Resolution Nos. 16222
and l8570 approved by Council on July 30, 1991 and February 18,
1997, respectively, and shall remain in compliance with and
implement the terms" conditions and provisions of the resolutions4
~fj- ~ecording 4 This Agreement, or an abstract :hereof
prepared .by either or .both parties, 1nay .be recorded by either
pa-rty.
J..7. .Mis cellaneous..
a. Notices. Unless otherwise provided in this Agreement
or .by law, .any and all notices required or pennitted by this
.Agreement or .by law to .be served .on or delivered to .either party
shall.be in writi-ng and .shall :be deemed duly served., delivered., .and
received when personally deli-vered to the party to whom it is
'directedc, Dr :in lieu thereof, 'When tbree .(3:) business days have
elapsed following depositi.:n tbe TI.S. JIlail., certified or registered
JIlail" return receipt requested" first-class postage prepaid,
addressed to the address :indicated :in thi-s Agreement- A party JIlay
change such address for the purpose of this paragraph by giving
written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula -Vista, CA .919~0
Att. :: Director of Public Works
:6
~3
".
Developer:
Rancho del Rey Investors
2727 Hoover Avenue
.National City, CA 92950
A party may change such address Íor the purpose of this paragraph
bygivi.:ng written notice of such change to the other party in the
lIlanner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
h. capt:i.ons. 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 7igreemen't. This Agreement contains the
entire agreement between the parties regarding the subject 1natter
hereoÏ- .Any prior oral or written representations, agreements,
understandings, andjor .statements shall be of no force and ef.fect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted-
d. Preparat:i.on oÏ Agreement. No inference, assumption
or presumption shall be drawn from the .fact that a party or his
attorney prepared andjor drafted this Agreement- It shall -be
conclusively presumed that both parties participated equally in the
preparation andj or drafting this Agreement.
e. :Recita1.s~ Exhibits. Any recitals :set .forth above
and exhibits referenced .herein are incorporated .by reference into
this Agreement.
f. .Attorneys' Fees. I.f either party commences
litigation for the judicial interpretation, reformation, enforce-
ment or rescission hereof, the prevailing party will be entitled to
a judgment against the other .for an amountegual to reasonable
attorney's Íees and court .costs incurred. The "'prevaili~g party"
shall be deemed to be the party 1rlho is awarded substantially the
relief :sought.
7
~'f
IN WITNESS WHEREOF, the parties hereto have caused this
Agr.eement to be executed the day and year first hereinabove set
forth.
CITY OF CHULA VISTA DEVELOPER: RANCHO DEL REY
INVESTORS
By:
~t~~
Shirley Rorton, Mayor (N e) ~ ;/;1".
Attest:
(Title)
By:: a..(kl iJL,?;¿
Beverly Authelet~ City Clerk
(Namel I
Approved as to form: .n
~;G- /J'
~ 11.:..( . {";' -
(Title)
-;
. < V>'-¡' ---.., <'1-" ~ ,,-,.' , ,', --¡:', /. .
Jo;;: ~-;~aheny,~é~'itY~~~^~;h~;Ó~ Approved as to form::
Attorneys for Developer
H:\SHARED\ENGINEER\RDRR-6C.SUP
RANCHO DEL REY INVESTORS, L.P.
a California limited partnership
By:: MtMjll;~ Project SeTVices~ Inc.
a California Corporation, as Attorney
in Eact Under Durable Power of
Attorney
8
65
- ,-
CAUFORNIA ALLPURPOSE ACKNOWLEDGMENT No. 5907
State of
On ,
personally :appeared ~- ,
NAME(S) OF
,ifpersonally known 10 me - ,OR - 0 -proved to me on 1he basis of satisfactory evidence
10 be 1heperson(s) whose name(s) 'is/are
subscribed 10 1he within instrument and ac- ,
knowledged to me that he/she/theyexecuted
1he same in 'his/her/their authorized
~ ... ~ ~ - - - ..... ~ ..... ~ ...~ -í . capacity(ies), and 1hai by his/her/1heir
J.. mn= signature(s) on 1he instrument 1he person(s),
..' :coMM.4:1D.18!m!
~ ~N*-calfanb»o or the entity upon behalf of which 1he
.:z '. ~ DIEGO COUNIY -
J 'r ~ ~ ~~~~~~.1~ 1 person(s)acted,ex-ecuted the instrument.
WITN
\
OPTIONAL,
Though 100 data below is not required by law. it may prove valuable 10 persons relying on the document and could prevent
fraudulent reattachment of this iorm.
CAPAClTYtLAIMED 1IYSIGNER DESCRIPTION DF.ATTACHED DOCUMENT
0 INDIVIDUAL
0 ~ORPORAlE OFFICER
TITLE OR TYPE .oF DOC~MENT ;
ïlTl.E(S)
0 PARTNER(S) DLIMITED
0 GENERAL
0 ATIORNEY':IN-FACT :NUMBEROF PAGES
0 TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER:
DATE OF DOCUMENT
'SIGNER IS REPRESENTING:
'NAME OFPERSON(S) ORENI1TY(IES)
'SIGNER(S) OTHER THAN 'NAMED ABOVE.
; ,
,0'
.01993 NATIONAL NOTARY ASSOCIATION. 8236 Remmel Ave., P.O. Box 7184. CanogaPark,.CA 91309-7184
~
I
~ . ~ CiTY D l' æ!JLA \"1.. TA DJ:St:I.os¡¡¡æ sr A T£MD¡r
. , . Y 011 ""- ~ ., tIk. >,~, of D;¡';= œ == """=>bip or fuwc;,, ...... =. .paymam. '" em"..; go --.
."'" on aI11?== whicl1 wm :::;:ur dU.....~ ::non on th:: pan of Ib: City Ccnmcil.. PJmmm¡ Ctnm::nitlll. and 211 ~ officlaJ
e bodi~- lD: fono\:Í!r:~::::::niml mmI ~ Ifu:: ~ .
1. Iist ÙJ~ ~ of a!J p=mun bavùl: 2 iÏDm::i:¡j iIItr:n:n ÌII 1Ì1cPh,¡y-..ny wbicl1 is ~ subj:::: of ~ 4ppIicarion or the CoIIIIxt,
~:-. DWDO:. ~ ~. subc:œuz:tor, =I~] supplier.
Snea Bames T..;miteõ Pa-rtnershiD
2. If rIY þ:;:nu'-l- ;~...¿ purnJam to (1) above is a c:crporarian orpa...~, }in the 11aIIa of 2ll mdŸvjduals DWIIin: mer:
ÙI2IJ. 10~ of th: ~ m th: ~~CI1 or owning Z!J)' pmn:::ùñp Ìm::I:s! 1:. th:p~.
J.E'. Shea C:::.., Inc.
3. If z:¡y ~- irl-TTffi~ 'p,","~wwlto (1) 400-- is mm-profi! ~0I1 or ¡ I!1ßI, list t!J: ~ of llII)' J>OtII1 ~ as
~of th: ~?fit cnpnmnnn or as 1Imtc: or b=ficiaIy or.!roSItJ": of Ib: tImt..
N/A
~
4. E3ve yon had lXI:I:: man S2SO wonn of bmin::n !I=c~-d with;my m=nb::r of ~ City =fE, Baarås, Comm;~.
û'H",m~. = Cmm::i1 wÏthÍIl Ib: past !W:lvc momh7 Ya - No XX If yr:, pl::as: jnd;~- J'=ISCn(s):
5. ~ jd:mlfy ~ znd t:Vt:Iy p:zcll. in::Jud.ù1: my z..~, c:mp1oyc:, amsullants, or ind..~t Çomn::nm 'WÌIt1 you.
~ ~ed.tc ,~~,¡~~ you bdor: Ib: Chy ÍD tb.is mztI:.
Russ Hal ev Ray Mar+..in-BuI"~
Marcia GocXman
D:Jmris Enin:¡er
-
6. Hnc ymumllaryœr o!fit:= or 2z,~. in th: ~~ œnInòme:d =m thmSl.OOO 10 II ComzãI mcmb:r in Ú1t ~
or ~;"t el=ian:pd~ Y cs - No ..Ã.. If yes. swe whic:b. CoImt:il mcnb::ß(s):
Dme: August 25 I 1 997 .. . ~= ~tt><hod ~~jJ;¡ ? m~
~ SipatUt: of Cam:actarJ~
Dale..Solbrook, Assistant Se=etary, J.P - Shea Co., :
.",¡; ....-Prim or typeDmC of Canc:¥mr/Applicam
1
. &ram. I! dqined ~ ".N:y ~ firm. ~annt!nhip. joim ~ rmoåaJirm. social CÙliJ. jrœU7JDl or:tmizatirm.
œrpD1'tZ:tim.. ~. mar. ~. ~ rJùs anIi. œry othu mzu:zy. J:iry or CDIUfITJ. dry 1fIJl1Jid.pœir¡. disrricr, or mho pø1iIicø1
.~ ar œrJ ocher ZT17IlJ1 ar combiMritm aain: c a zmi:.. & 7
- ~ AITACHMENT7A
,
,-- ~ POBLTC HEAmNG ~CM-97-O1:
-
AMENDMDi'TS TO RANCHO DEL REY SPA m SECTIONAL P.LANNING AREA (SPA) PLAN AND
ASSOCIA.'IED DOCDMEN'I5 TO.ALLOW A58 DWELLING UNITDENSlTY TR.ANSe::R.:FROM PARCEL
B-7C TO :PA."Rl""m. B-6 AND CHANGE THE DENSITY RANGE ÄND l!ERM1I n<:n NUMBER. OF
DWELIJNG 'UNl:ΠOF:BOm~CELS ACCORDINGLY (02104197)
PC5-97-o1:
TDi'TATIVE SUBDIVISION MAP KNOWN AS RANCHO DEL 1ŒY SPA m TRACT 97-01 FOR 25.8
A CRES LOCAJ:ED. ON THE SO urn SIDE OF EAST n J' I STREET.ß ~1' w.hJ:!:Ñ 1» ASE 0 RANCHERO AND
vAQUERO COURT Wlil:ilÑTHERANCHODELREY SPA ID PLANNED COMMUNITY (02/04/97)
DRC-97-o1:
.APPEAL OF THE DESIGN:REVIEW COMMuilili'S DECISION TO DENY THE SITE PLAN AND
ÄRL:t1.U:&":l"U1Œ OF A 256 DWELLING 1JNIT CONDOMINIDM -COMPI RY .AT THE TENTATIVE
SDBDIVISIONMAP SII:E - CnnåM-.rarion of.appi;=r1QIlS ÏÏledby lœu:hodcl Rcy.Jnvcsmn;, LP_for 28.8 acres
lo::ar:rl on 1he somh 5iœ of East 'T' Stt=! œrwc=n Pasco Ræ1cl1cro and V 4UJDCI'O . Conn WÍñrin the Rancho del Rcy
SPA m P.lanæd Community. lœ app-..a1 of the. Design R::view C(1TTTTTriTT~' s decision 10 œny the sire plan and
~ proposal of a 256 mrir condominium complex to be locaœd on the Tcmmive SDbãMsion Map sire has
also b=:n:filed.. SIZff recommends 4pprOval of the. resolmian. (Dirc::mr of Planning) (02/04/97)
RESOLUTION 1&'"70
DENYING AMENDMENTS TO THEltANCHO DEL REY SPA m SECTIONAL PLANNING AREA (SPA)
PLAN, GENERAL DEVELOPMENT PLAN, PLANNED COMMUNITY DIS:rRICI REGULATIONS,
WATER CONSERVATION PLA."N .AND AIR QUALITY IMPROVEMENT 1'LAN TO ALLOW A 581JNIT
DENSITY TRANSFER FROM P.ARCEL R-7C TO PARCEL R-6 (PCM-96-01); D:EN1aNG TENTATIVE
SURD IVISI ON MAP FOR 25.8 ACRES ArRAN CH 0 DEL BEY SPA In, IRA CT 97-o1(PCS-97 -01.) ; AND
D~"'YING AN .APPEAL OF THE DESIGN REVIEW COMM.u.llili'S DECISION TO DENY TIlE SITE
PLAN AND ARU1l:l]!;CTIJRE FOR A246-UNlT DEVELOPl\mNT ON 15..2 ACRES OF TIm SUBJECT
SITE (DRC-97-O1) (02/04/97)
Con=lm~œr Moorabsra.ined from voring, ~ 10 a CODfiict of.imercst bec2nse his company ~CIIJ5 the "McMillin
Company.
KCll-, Assist2m P1æming Diream,.SŒCd th..--re. are. sam: basic d~r:es m!be applicant. s xcqucst.and the Staff
I-...:.t III II IIt'"T'Irtman. Iœ primaryissm:s:rc1aIe 10 the fact the applli:am l1.as a SÍre which is .ænharizcd for a total of 188
~ and they lUU~ to transfer 581IDÍIS jmo.Ibis ~rWar SÍre whichrcsulIs m the site plan having a density of
4r'pLu.Üwan:ly 16 ãwc1Iing 11DÏts per æ:re. The :aåjaccm.affimiab1c.housing sire is ala dcasity ofjnst over 13 'UDÎtS
10 Iœ acre, and mff cancludes :a mmsic:r of a lesser m1TTl~ of mriIs could be ar-r-nmmM:It""¡ 10 1Ded: staff's ,t'-ODCt':IIIS.
SIaff:f=cls 1he iDœ:ase m scpara1ion bc:twccn.the bn]]riinr-: is.a.kcy design fcamrc., Also, the ~St" m.the ÍIDII1 yard
setback 10 create 1h:: m=dedlM1ñ~ IClicf is akcy ~]r!ml"'nt. as wc1l41S 1be pedestrian system hlr-lring comimriJ:y
a:nd fum:tion. Thc app1icam has wm:kcd WÍ1il Staff 10 a.ddress many of tbcissucs, but an ~CDt cnn~mf the
primary issues bas mr bc=n rcachcd.. Staff rccommcnds d:nial, which is ccmsistcnt with the åc::isions of the Design
lkvi..-w CommÎTT- and the PlamriDg COII1IIlÏssian.
Luis B~M1ñl'!7. Associate Plæmcr, star.cd thaI Staff concludes the proposed project COIlI3Ïns.a mnnbcr of design
ñri1M~~ which ~ dÏf!:ctlY .1in]œdto the in~St" in density, and.;¡ "T111TTIfvo.r of the mucs can be resolved "wiIh mÏnDr
::I~rimcms m 1ÌJe plan. The ~ Imijor issues that are umcsolvcd æc: (1 )thebnildmg s:.p.udlion -the project
f~ a 10 foot widebuilifing ~OD .in 4ppLU~ 9p pc:rccm of t:be project; a 15 foot:scparatian is more
of a City SIaDdard. Staff is not opposed to !he 10. foot ~ on ¿lÏ1:Diœd basis but did Dot want to 'SCC this as a
.. StaDdard for the Jm!Ï=; Q-)thc buildÏDg from setba.ck:s - tÌJC jmposed sctbaW produce a IiIniœd area for landscape.
- ~
1 6g>
- ';-1=. FukDyama Dcii..-ves ~ ~ is ià::aIly sniU:d for !he proposed projc::! and is a mDd~ :my level product. The
~ !his irem W4S continued for tWo wecl:s was Ih....-y mnoved two builåÍIlgs, or six mriIs, from the project aDd
~ staff to rcvi.øow 1ba1 with tb:: imcm to try to rea:::h a ¡,..uw~Jluwise. Staff fell this was UIIa!:::::ptable so the Rancho
åci IL-y ~ wiIhdrcw -the offi::r and are ~y back at thf: 246 mriI offer. They bclicve rcmovmg buildmgs
will DOt ~p1i~ Ïmprovc thf: project and will rCSDh m !ci2'"ifiŸiD1iy Jñghcr costs tob: bomc by the ~:!nm,g
UIIÍI5.. WJIh J:cgæd 10 the cnnñ1ñnm: of approval, Ræu:ho riel Rey 1nvesum; hope.!bat: Council will 4ppI'Ove this
projc::t. bm ~ of !be cond1ñom prcscntcd are unacc:ptahk 4Dd œ!ci~ to a lesser IIIIIIlbcr of UDÌIs. They
~ jf 1his project isapprovcd with a ccnain nmnb:r of UIlÎtS, Coum:il åÏIcct srañ IO work with the applicant
to come back WÌIÌ1 a set of conditions and :rcsolurions.
Cotmcilin::mbcr Jënãaœ smrcd Coum:iI would like to find.a W4IY to malœÏrwork, bm the CZIm:IJ! 1IUID.œrs on !he tabk
~ to create same ã=sign prob1:ms. Of the t:bree dcsÎgn problems, thf: ODly one thaI is parricularly cxaœrbaæd
is rœ p-..d=sIrian waIl.-ways. Th...--re lIas be::n considcr4IDk moãÏficaIÍons ~ to Lots 1 and 3 10 provide peœsrrum
\V~ëiYS in the I:Ï1r-- major loops, and he asked wh.ar acijustm..'"I1ts wouirl ~d to be ~ to accomplish the same
Ù1ÎDg Îor LoI 2. (02104/97)
Mr. Fuknyama. answcred. to achi--ve thaI: mod1fi=rinn wonld reqnire pUSÌriDg the bujldm~ back and :rec1nr-Ïng the
4II1DImt of frtmrymi ~r-h, bm: a c:mrin 4ID0UD! of:from yard hmñ~ would be ¥lcrmN"d for the SÏtL-wa1k..
T.h..-Y proposal"IIlDVÎDg two bn11ñm~ from the project to improve thf: cin:nìatiOILand siå....-wa1k sysrcm. Staff 4Sked
Íor a fu:rt:hcr n:ãm::rion of two bmld1n~ which would acm....-ve a grearcr ~araricm b::rw~ the builåÏngs. The
applicant àid.1lO1 L.ówp~uwise, ~ they felt there was linl:: public œre:fu achieved by ~oving the 1IIIÏIs.
Jim B.aràÏImm, Fire Orid., stared from an opcniri'"onal ~::Iive, a 10:fi:=t ~ararion betW~ buildings allows for
rœ g:rearcr possihiliry of an ~c:1nn of me from one unÏI to another and ÏI1=:r::ases the ciiffi...'"Ilhy of fire suppr-...ssion
a.."'rivi!Ìes, although ~ emph:!<:Í7~Ò rœ proposed project àoes not violaœ ~ UniÏorm Fire Cock.
Ken~, 2727 Hoover Avcm::, National ÒÍy, WÎIÌl McMillin Company, 1nàicared IÍ1--y proposed 270 units
wD::n th...-y .ÏDÏtially 1ookf:d at:the ~ of 1IDÏIs; staffn:je::æd rharJJIUÐO..saL The J'IUDO.scd project was redesigned,
4Dd Ih...."'Y IP'fT1T'n1".(i -:wiIh 246 1IDirs.. Ht- believes they can ìmpmve the pcd::stmm.4iCCeSS.cmd provide for the c:ircu.l2r
p-.1iAmrn, ÄCCCSS -w:iIhin the CODU:X! of lhc cxisring plan. Tnc bWlåing sepæ:æ:ion directly -relaœs to:the densIty issue.
TÏl..'"Te is linle way 10 make more dj~N" bCtW~ the bui1ñm~ on thf: :::mr::m sire plan, and he offered a tWo-unit
coLupw.w.Ïse. He sœed they coulã noI guaram.ee the project will be builr if 2 lesser ~ of units was approved
Íor TÏ1is projcr:L
MOTION (RINDONE/SALAS) TO DmECT STAFF TO WORK WITH THE APPliCANT INlMPROVING
THE PEDESmlAN WALKWAYS, wn:a: A M..uIMUM OF 240 UNITS, AND TO TAKE om THE TWO
BUILDINGS, BASED UPON 1ŒTDRNING TO COUNCIL WITH APl'ROV AL FOR THE PEDESTRIAN
WALKWAYS FOR CONSIDERATION ON 2/18/97- (02/04/97)
C~lm~h:::r hãiDa ICqDeSIed se:ing 4rcpoIt regmting tb:: rliscussÏons 1ÌI2I I3Jœ placewÏIh mff and the 4pplicam.
Ire reviewed the P.bmnÏng Commission 1DÌDmcs and ~ it mcmioned canœm TCgaråing acœss to the park.
There beÏng DO fmIDcr spca1œrs, the public hearing was àeclared closed.
,
Ccnm~lm~bcr RÏndone stared there was a 11CCd to tm a look at the 1ÏmÍIcd park access.
VOTE ON MOTION: Approved 4-0-0-1 with Moot ab~ainin:- (02/04/97)
Mayor Honcnreu~ the hearing and Stated rhis ÏIem will be considcredar a fumrc dale.
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"-". - PUBLIC HEARNG PCM-9ï-O1:
A..~~'J$ TO RANCHO DEL BEY SPA m SECTIONAL PLANNING .AREA (SPA) PLAN AND
ASSOCIATED DOcr.7MEN1S TO .ALLOW A 52 D WELL1N G DNIT DENSITY"TRANSEER.:m OM PARCEL
R-7C TO :PARCEL R-6 AND CHANGE THE DENSITY "RANGE AND .PRRMIIIt.J) NUMBER OF
DWEI:.I.JNG UNITS OF BOm P.AJlCELS ACCORDINGLY (02118/97)
PCS-97-O1:
TDi'TATIVE SUBDIVISION MAP KNOWN AS RANCHO DEL REY SPA m TRACT 97-01 FOR 25.8
A CR.ES LO CA:IED ON THE SOuIB: SIDE. OF EAST 'T' SIREET .BL" I' W~ P-ASEO RANCHERO AND
V AQDERO COURT W ~ THE RANCHO DEL JŒY SPA m:P.LANNED COMMONlTY (02/18/97)
DRC-9ï-Ol:
.AP.P.EAL OF THE DESIGN Rt.:v lliWCOMMu.:I.:tJ:;'S DECISION TO DENY THE SITE PLAN AND
ARCHITECTDRE OF Å 246 DWELLING UNIT CONDOMINIUM -COMPI .FY AT THE TENTATIVE
SUBDIVISION MAP SITE - Crmc:1ri~nu of app1icarions iÏled by 1bmcho d=1 Rcy lIIvesrc:rs, L.P. for 28.8 acres
l~ on IÌle somh siãc of East-]" St:rc=I between.Pasco R:mr-hl'!t'O4Dd Vaquero Court wiñrin the R.æu:ho del Rcy
SPA m PlaIm::d CÒIIIIIIlITI1Ty. All app--...a1 ofrhe Design R.cvicw Cnmmm~'s åccision to å=nythe ~ plan and
.u...iü=::IuraJ proposal of a 246 mriI amdominium camp lex 10 be 1 0 c:aæd on. the T cmatÏve .5 uD åivisi on Map ~ has
aiso be::n ñled.. s.aff rew IIIII ,,"'nós Caam:il place thf: 0I'ÒÍ1JaDœ on fusr rcaåÏDg and appr-cm: 1h:: reso1mian. (DÏrecror
ofP!:mnin~ Contúmed from the 1'11~ of 2/4/!TL (02/18/97)
p- ORDINANCE 2698
.APPROVING AMENDMENTS TO TIIEB.ANCHO DEL BEY SPAmPLANNED COMMUNlTYDISTRICT
lŒGULA.TIONS (f"IrSt readin~) (02/18/97)
B. RESOLUTION 18570
AMENDING THE :RANCHO DEL REY SPA ill SECTIONAL PLANNING AREA (SPA) PLAN GENERAL
DEVELOP.MEr\'T PLAN, WATER. CONSERVATION.PLAN AND AIR. QUALITY IMPROVEMENT PLAN
TO .AI.:LOW A 521JNIT DENSITY TRANSEER. FROM PARCEL.R-7CTO PARCEL R-6 (PCS-:97-O1); AND
.APPR OVIN G .A.."1IID IMPOSING CO ND mONS ON 'IE\TA TIVE SUBDIVISI ON MAP 'IRA CT 97-01 (PC$-97-
01 ), APPROVING AN APPEAL OF THE D ESI G N:REVIEW C 0 MM..u IIili I S DE CIS! 0 N TO DENY THE
SITE PLAN, ARCw.:l~CTOIΠFOR A 246-UNlTDEVELOPMENT ON 15.2 ACRES OF THE SUBJECT
SITE (DRC-97-Ol), AND ADOPTING ADDENDUM TO FEIR-89-10 (02/18/97)
CrnmMimI-m~M.ootabsIainedfromvming due to a conflja ofimcresrbc::ansc.bis company lcl'lrk"I"thc.Mc.~
COIDpaDy.
Bob I.ciu:r. Dir=mr P!annmg, swcd on 2/4/97 Council CDdorsed the project~osedby the applicam WÏIh the
rcàm:rion of m 1IDÍ!:S {tWO bn¡1r¡;n~) æui addressed some ~ plan Ïssncs: (1) mr!'"T"n~l ~ circulation and (2)
acœss poims to wœ::rly public paIL Staff rctmncd with rcv:ised condirions and plan cxhÏbÎI5 which ~ these
con:=ns. Staff rc:;oIlIlIlI"T1r1S apprm,ãl of the rcvÏsed Ordinance and Reso1urion.
Tnis bcing!he time and place, the public hearing was declared open.. (02118/97)
Craig Fukuyama.. TIZl Hoover A vcmJC, National City, CA, TCpTcsCDIÏng the Rancho dcl.Rcy Limited Pa£u=ship,
srared over the past tWo weeks they: (I) prepared a revised plan impJP!TTJl"TITÏng a more comprchcnsivc pedestrian
sysran by adding sidewalks and ~J' ;..,11: walkways, (2) I'CIIl\?VCd and showed the TCSUlt of iCIlOVÍDg two bnildÏngs
(six UIIÍIS) from tb:: plan, and (3) worlœd with staff to œvc1~ ~ ~mion for4lppI"OVal with 1h= ~ amåiIions
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ATTACHMENT 8
RESOLUT10N NO. 16222
( RESOLUT1ON OF THE CJTY tOUNC1L Of ¡HE CJTY Of tHULA
V1STA APPROV1NG THE TENTATIVE SUBDJYIS10NMAP fOR 'RANCHO
DEL REY SECTIONAL PLANNING AREA (SPA) 111. tHULA V1STA
TRACT 90-D2
WHEREAS, a duly verified application for a tentative subdivision map was
filed \lrith the Planning Department of the City of Chula Vista on November 8. 1989
by Rancho del Rey P-ar1nership; and,
WH~REAS, said ßpplication TeQuest~d ~he subdivision of Bpproximately 405
acres 'iTlto 'r~sidentiGl lots, open :space areas, a school lot.. t>ark :andcormnunity
purpose facility lDt; ~nd,
WH~EAS, "the 1'lanniTlg Cormnission held an advertised t>ublic hearing on s'aid
project on May B, 1991, and contiTlUed to May 22. 1991; and.
WrEREAS, the City Council set the tiræ and place for a hearing on said
tentative subdivision map application and notice of said hearing. together with
its purpose, was given by its publication i.n a newspaper uf general circulation
;n the city lInd its mailing to property owners within 300 feet of -the exterior
boundaries of the property at least t~n nays prior to the hearin9; and.
WHEREAS, "the t1earingwas held lit the titnÞ- and place as..advertised. namely
7:00p.m. ,June IB, 1991. ;11 the 'Council Chambers, 276 Fourth Avenue. before the
City Counei 1 -and .saidheari nB was thereafter closed;. and.
WHEREAS. the City Counci 1 recertifi ed EJR-89-10, with Statement of
Overriding Considerations, and ~ssociated Mitigation MonitoriT1g Program for
Rancho del Rey SPA 111.
NOW THEREFORE. .BE 11 RESOLVED THAT THE CITY COUNCIL finds as follDws:
Pursuant ~u Sec:tîun £6473.5 r>f ~he 5ubtlivis;on'Map Act.
'the "teTlt~tìve subdiyisir>n :map for :Ram:ho del :Re'y
5ectiunal 1>lanni'ny .Area{SPA) 1J1,. Chula Vista Tract TlO.
90-D2.i:s found "tt> be in t:onfunnanc:e wi1:h "thevari ous
of lementsDf the City.s General Plan :based on the
following:
1. The sitei.s :physically suitable for 'residential developmenta11d the
:prDposalconfuT1J1s to all standaTds :established by "the City for such
'þr.ojects.
2. The tlesîgn uf the subdivision will not aff~c:t the ~xistiT19
impTovements -- str~ets. sewers. 'ete. -- ,whit:h have .bee11 tie.siyned
~o :avoid itny .s~rious t>rDblems.
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-~soìutio~ No. 16222
ßge 2
3. Theproject;s;n subs1.ëmtial cDnfDnnance with the Chula Vista
General Plan£lement as follows:
A. l.and Use - The .project is consistent .with 'the General 'Plan, £1
Rancho del Rey5peci fi c Plan and 1:he5PA 11] Plan which
d~sigTIates "the property PC -Planned Coumunity,with a variety
of land us~sand residential densities.
B. Circulation- All of the on-site Bnd off-site public streets
required 1.0 serve the subdi visi on lire -consistent with the
circulation element of Chula Vista General :P1an and the
ci reu 1 at i on proposed wi"thi n 'the £1 bm:ho del Rey Specifi c:
Plan. 1hosefacilï-tieswi11 either.be constructeD Dr in-lieu
fees paid in aeeordancewith the Rancho del Rey SPA HI Public:
facilities Financi11B Plan.
C. Housing - A ¡ow and moderate housing -progra1T1 with an
~stablished goal of 5% low and 5% moderate will be implemented
subject to "the approva 1 of "the City IS HDusi n9 Coordi nator.
Computation of 'the satisiaction of this condition williT1clude
"the enti re f1Rancho del Rey Speciiit: Planni11g Area..
D. Conservat i on and Open Space - 1he project provi des 148.3 acres
!)f open space, 36% oithe í.otõ 1 404 .9 acres. Gradi119 has been
limited on hillsides and grading plan approval will require
"the Tevegetat ion of -slopes il1 natural vegetati on~ Appro va lof
EIR-B9-10 included 'the adopti on of a miti.9ati on monitori119
program outl il1i119 "the mitigation measures rfquirfc for -project
impacts on geology, soils, biology, air, water, cultural
Tesources, land form, transportation and utility sources.
E. Parks.aTld Recreation - 1he project will .be rfsponsible for the
improvemeTlt ;of the 1D acre 11et 11eiBhborhood t>ark aTld 'Payment
of .pAD fees Dr .additiDnal improvements as a'Pproved by 'the
DiT&tDr :Parks ~nc Recreation. In addit;Dn, a trail system
will 'be imp'~ment~d 'through the sout~ 1 eg of Ri ce Canyon~
amnecting with other Dpen space arJ!8S. .
f. Seismic Safety - The ~aTlcho del Rey site;s crossed by the La
NacionFault lone which has one 'Prominent fault, running north
to south, with other T>otenti al trat:es~ 1he mit;gat; on
monitoriT1g -program ~tiopted with EIR-89-10 -provides fDr
measurfS '10 .be 'taken '10 mitigate the impacts of development in
assot:iationwith 1:he fault zone..
G. Safety - Tne s;1:ewi1l be vittlin 'the threshold response times
for fire and -police services. :rne 'Project ,will increase the
T1eed iDr addit;onalper50nnel~ however, 'the tityis plaTlning
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Resolution No. 16222
Page 3
~o meet that need with :additional revenues provided by ~his
project.
H. Public Facilities Element - This prcjf!ct is obligated in ~he
.conditi ons of approval to -provide al1tm-siteand off-site
facilities ~eCf!ssary to Sf!TVf this projf!ct. In additi on to
that. there are other regional facilit;f!s which 'this project
( together with SPAs 1 and 11) is contributi~g to. including
a public library site. fire station site.. and fire ~raining
facility site. The subdivision is ~lso ~ontr;hut;ng to the
Otay Water .Di nri ctls improvf!ment reQui rements to provi de
~erminal wat-er storage fDr ~his -project as well ~s other major
projects in the eastern ~erri~ori es.
1. Noise - The ~ni~s will be required to meet ~he standarDs of
the UBC :wi th regard ~o acceptable i nten Dr noise 1 eve 15.
J. Scenic Highway - The project does not affect this element of
. the GeneralPl~n.
K. Bicycle Routes - Bicycle paths are provided altmg Telegraph
Canyon Road. East -W Street and Paseo Ranchero Road as shown
in the .circulation £1 ement.
i. Public Buildings -No public .bui1d;~.9s are planned for the
site. The project shall be subject to RCT .and Dl F fees.
4. Pursuant to Sec:tion66412.2 1>f the Subdivision 'Map Act. ~he Council
certifies that it has considered the effect of ~hisapproval on the
nous i ng needs of 'the regi on iind has balanced those l1eeds ðgai nst the
pub 1; c: servi ce needs Df 'the res; dents of the (;'ty .and the ava; 1 iih 1 e
fÜ;cal:and environmental rest)un:~s. 1'ne development will pr!)vi de
. for a varifty Df 'housing 'types from s;l1y1e family detached 'homes 'to
at~ached single family ~nd senior housing. ITladditi on. the
addressment to prDviding a perrentage Ðf low ~nd moderate priced
hous;Tlg is ìnkeep;ngwîth regional goals.
5. The configuration. orientation and topography Df~he site partially
allows for the optimum siting of lots for passive or natural heating
and coo li ngopportunities.
BE JTFURTHERRESOLV£D THAT THE TENTATIVE SUBDIVISION ¡MAP for ~ancho del
:Rey SPA J11, Chula Vista Tract 90-D2~ is approved subject ~o "the following
"Conditions::
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~esDlutio~ No. 16222
'age 4
General!Prelimi~arv
1. The Pllblic fBcili1ies fi~ancinQ 'Planshall be iollDwedwith i1nprovements
; ns'ta l' ed ;~ accordance wi1:h said plan or :as Tequi red to :meet thresho" d
-standards adopted by the City of thula Vista. In additi"On. "the sequence
in which improvemenn are constructed shall t:Drr.espond to any future East
Chula Vista Iransportation Phasing Plan adopted by the City. The City
EnQineer and Planning Director may -at their discretion, modify "the
sequence of improvement ~onstruction should ~onditiDns change to warrant
such a ïevis; 011. . ./
2. All mitiga1iDn T1ecessary to avoid sign;iit:an1 effects ì1emized in the
Mitiga1ion MonitoriT1B Pr09rarn for EnvirDnmental lmpac1 Report IJR-B9-1D as
required "pr; or to final Map approvaly are nereby incorporated as
conditions of approval~ ihe Director of PlanninB ~y modiiy the sequence
of mitigation at his discretion ~hould chanBfs warrant such a revision.
3. The developer shall comply with "the Community Purpose facility Ordinance. CDr"1::>~I:.D
The Breas proposed to show comp 1; ancewi th said ordiT1ance shall be
provided prior to approval "Of the first final map. Areas of consideration
for qualifi~ation lI1ust be within the areas "Of SPAs J, 11 or 111.
Amendment to the £1 Rancho del Rey.specific 'Plan .and Sectional Plan Areas
may be necessary to accomplish compliance.
4. PriDr to final map approval for Phase 1, a Precise Plan shall be approved
by the City Council tietaili'ng the development "Of the Specialty Housing
projecL ihe precise plan shall include but ;-snot limited tt): detailiT1Q
the densi1:y of the various portions of the project; identifying the amount
of recreational .and open space :faci 1 i ti es'; detailing the fi nanci al
arrangements Bva i1 ab 1 e to proposed tenants; ; dent i fyi nB the .age 1 imi ts .and
.any income requirements of "tenants; and showiT1B the percent of the l'roject
for :sal~ ornnt.
Streets. ~ìohts-t)f-Wav and l1r1Drovement~
:ï. Prior 1:0 any final maþapproval ~f.orPhas~ :2 or 3 or ~ny 1Ini1: 'tner.eof. 'the.
devel oper shall nbta;11 .all Tleces~ary ïight-Df-way. 'for thet:onstn.lcti on of .(1
the unimproved off site ~orti on of East. J- S1:reet west of "Paseo Ladera.
from River Ash Drive to Red Oak Place.
6. The developer shall ~onstr.uct the .unimproved off site poTtinn Df East :IIJ-
Street west of -P.aseo Ladera.. from .R; ver Ash Drive to Red Dak Place,. toa
Class J1tollector Standar11.. t!xcep1: that the :5 foot sidewalk may.be .
asphalt t:O11crete instead :of :portland ~ement concrete. The constrllctÌ1:m of -<í
'these improvements shall be :guaranteed l'ïÏor to final map BpprDval for. .
Phases 2 -or 3 Dr any unit -thereof.. The subtii vitier Day Tequest 1:ne
formation-of a reimbursement nistr; ct for these off-site improvements in
:accordance with section 15_50 'of the :Municipal Code.
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Resolution No. 16222
Page 5
'7. The developer shall Tequest "the vacatitHlof that þortion of Paseo
Mar.Querita as l1ecessary to accomplish the desi.Qn iiS shown nn the tentati ve
map. Said vacation shall be :accomplished prior "to the approval of the'
fiTlalmap for Phase 2. Unit 3.
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8. The off site portion of East *J8 Street ~djacent ~o Buena Vista Way sha~
be granted in fee to the City for Open Space. public utilities and other!
public uses. The grant of thi.sprDperty shall be -completed prior to l
lipprova1 of a fiTlal map fDr Phase 3. Unit 3. The developeTshall enter f
iTlto an õgreemeTlt 1.0 not oppose the inclusion of this þroperty in Open 1
Space Di stri ct :# 20 (ltme 7) prior 1:0 approval 'of .aTlY final map fOT Rancho
del Rey SPA ]11. The developer -shall beres~ons;ble for the costs
k-( / ~ assor:iaterJ .withaTlnexin.Q thi.sproperty to Open Space District 4 20. . --1
'- '¡- 9. The deve 1 opersha 11 be responsible fOT the construction of off site
-/~. improvements at the .westerlyend DfPaseo tiel Horte iTithe Casa delRey
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.,It. r subdivision. The construåitm of these improvements :shall be guaranteed
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, pri or to approval of the final map for Phase 2. Unit 2.. A cash deposit
was previ ouslydeposited with the City to pay 'the cost .of this work. The
amount deposited is avail at1 e to "thedeve1 oper for construction Df these
improvements.
10. PrinT to fi nalmap approval for Phase 1. the developer shall dedicate
additional right-oi-way :a"lcng the frontage cfthe -pr.operty 'on East"W .
Street "to 'provide a 20 foot parkway (ex;stin.Q .curbl~ne to þroperty line).
11. The deve 1 opeT :she 11 be Tesponsib1e for cons t r.u ct i on of â
sidewalk/recreational pathway along the entire frontage of subject
property on East "W' Street irom Pliseo 1<ancherowesterly to raseD del Rey
to the sati:sfacti on of "the City In.QiTleeT. Director nf Planning lind the
Director DfParks and Recreat;Dn. "het:onstruc1inn nf these 1mprovements
shall be guannteed prinT 'tt> fiTlal 1Ilap ~pproval for Phâse 1..
12. The developer shall be responsÌ'bl~ fOT ronstruc1iDnof lin ~xpannedB to 10
foot wide sidewalk/recreatiDTla1 1>õthway ~long1:he western side t>f :Paseo .
Ranchero. 1:0 connect 'the tril;l :systems in 'the south leg 'DfRice' Canyon and
; n the Tel egrilph Canyon -Road open Sl'ace ilrea. These improvements sha 11 be
installed in t:onjunction with 'the ~onstTuction þhases of Paseo RaTlchero
~13. specified ;nthe Public fadlities finanr:in.Q Plan.
The deve 1 opeT sha 11 be r€Spons;!> 1 e for -the -.constructi on of viner sinewa lies
at 'transit stops,subjet:1 1:0 'the i!pproval :of the City Engineer..'
14. The final design ofPaseo 'Ranchero shall l11clude eight fDot --wide li1ndscape
easement buffer.s as Tequ;:red .by 1:he S1:reet Desi9n Standar.nsnr be .itdjo;ned
ity an open space lDt itt leasi:e;ght feet .wide 'with slopes no greater than
5:1" except iTl the fo 11 ow;l1.Qõreas .where the final des; gnsha 11 be subject
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Desolut;on No. 16222
ge 6
1:0 'the iipprDvG 1 "Of 'the Planni-nB .Di rector. l.ands-cape Archi"tect and City
EnBi neer.:
A. .Adj"acen1'to "the lots fronting on tabo talabazo~ tallf tandelero and
"Punto Mira'leste where a .special slope and retaini-nB wall design will
be implemented;
B. Along the Junior High School site;
C. AlonB 'theexisti-ng Ladera Villas and 'Mission Verde .subdivisions
whereExistinBconditi ens :shall remain; and
D. Adjac~t"to -the out-parcel "Owned by -theChula Vis1:a School District.
15. 1he fi-nal desiBn of East IIJ" Street shall include 5.5 foot wide li!ndscape
easement buffers as required by 'the Stre.et Design Standardsor.be iidjoined
b)' an open space lot at 1 east 5.5 feet wi de with 5:1 :maximum ~ine slopes,
except -it) the fonowing loc:ationswhere "the final design shall be subject
to -the approval of the Planning Director, Landscape Architect and City.
Engi-neer:
A. Al ong the -park site;
B. Alnng "the -two corner lots at the iT1tersectioTl of :East _J" Street and
CamiTlo Miel (lnts 82 -and 97 of Phase 2, Unit 1) and "the southeast
corner 1 otof East 'IOJII Street and Cabo Capote (1 ot85 "Of Phase 2.
Un; t 2);
C. Adjacent to the out-parcel owned by "the ChulaVista School District;
and
D. -Alon!! 'the £Xi.st;T1!! Bel :Aire Ringe subdi vis; on where ~xisting
condi1:i"Ons shall Tfma;l1.
1£. All reta;T1il1Bwal1s 'which ;T1t~rface with 'the 1>ublic ~treet system shall be .
t:onstructed to 1Dðtch "the Ranch RaT1cho del ltey SPA 111 Desigt1 Guideline
standards fDrexter;Dr walls.- .
17. The developer shall be responsible for t:onstructioT1 of full 'street
improvements for all ~ublicand private streets shown oTl"the TeTltative Map
withiT1 the subdivision :boundary'; .and for the :construction of .eff-site
improvements to construct "'P.aseo Rancher~ ~ East . J8 Stre!!ta-ndPas'eo .lader.a
~S shown .on "the 1~ntativ.eMa~. 'to the satisfac1i.en "Of ~he City £nBineer..
.said impr~vements shall include,. :but :not be li:mi"ted 1.0, asphalt ~oncret~
1>i!vement. 1>ase, t:oncr.et~cur.b.gutter and siDewalk.. sewer -and water
.utilities, ùraina.ge facili"t;es~ street lights.. signs, fire ttydrants ,and
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Resolution No. 16222
Page 7
transiti on5 "to :existi ng improvements. Street intersecti on spaciTlg as
shown on ~hetentat;ve map is hereby approved.
lB. All "the streets shown on "the 1entati ve -Map within the subdivision
boundary. -:except pri vate 5tr~ets. shall :be tledicated i.or -public use.
D~sign of said streets shall m~et all City standards.
19. A temporary turnaround !:onfonnin9 to rity standards shall be -prDvided at
"the t:!Tld £If :streets haviTl.9 a length Br~ater than 150 "feet. :measured irDm
"the center 1 ;Tle.of .the -nearest tntersecti119 street -.to ~he r:eirter of the
.cul-de-sac, except as approved by the City Eng;l1eer.
20. Cul-de-sacs and knuckles shall be tles;gned .and built ill accordance with
C; ty standards unless .otherwi Sf approved by the Ci ty Ingilleer..
Lo~ Co~fiouration
21. Frontage on all lots shall be a minimum of 35 feet at the right-of-way
line except as approved by "the City EnBineer.. 1his condition does 110t
apply to flag lots. as defined in "the Municipal Code.
~22. Lot 1 illes shall be located at the top .of slopes except as approved -by the
City £ngilleer. When adjacent to open .space lots. prDperìy lilles shall be
1 ocated a lTIiTlimum 2.5 feet from the top of -.slDpe.
23- 1he -preparation of final 1nðpS and .plans for the locations listed below
shall be carried out in accordancew;th the
following criteria unless otherwise approved by the City Engineer and
Director of Planning:
1
A. Provi de i!. mill;lI1um 50 ieet from ~he corner .ofP.aseo "Ranchero and East
.Ju S"treet to l.ots £ ~nØ ,~ Phase 3. Unit 2. to ~rovide additional
buffer and transitì.on area at the corner.
B. Prov; de è :pedestri all throughway between 1 ois 130 and 131. Phase 3.
Unit 2. from Camino Calabazo :to 'east 8J. Street.across from the
school ~nd park sites.
Co Lot 12B of Phase 2. Unit 1. shall be -widened tt>ìi lIIinimum 50 foot
wiñth to accommodate ~ combined slope ~nd maximum 3 foot retaining
wa 11. This is to .iSvoidi!. .tunnel.-eff~ct rreateñ at side lot lilleS4
D. Lots 3alld 5. :Phase 2. Unit 3 shall utilize maximum 5 iDothigh
Tet~ining walls. ,and/or a combillati.on of retaining walls and crib
-wall s 4
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-~solutio~ No. 16222
. age 8
E. Provide B Different name for each of ~he ~ortions of ~alazzo Court
1 ocat~d to the ~astandwest of East. J" Street and the J>ort i onsof
Dorado ~ay located ~o the east and west of Camino Miel.
Street 1Tees/Open Space
24. The developer shall grant to the City street tree planting and maintenance
easements alan] all public ~treets iiS shown on ~he Tentative Map. The .
width of .said ~asements :shall :be as 'outlil1ed in the City's Street Design
.standards Po 1 i cy.
25. The developer :shall be responsible for street trees in iiccordam:e with
Section 18.28.10 of the Chula Vista MuniI:Ïpal Code. The use of cones
shall be included where necessary to reduce ~he impact of Toot systems
disrupting adjacel1t sidewalks and Tights-of-way.
26. All open space lois adjacent to public rights-of-way shall maintain a
width so as :to provide 10 feet of lBndscapil1g treatment behind the :back of .
si dewal L
7. Ma iT1tenance of B 11 facil it i es Bnd improvements wi'thi n open ~pace areas
"Covered by home owners iissociBti ons shall be covered .by tC&Rs ~o be .
subm;'tted :and approved .by the Planning Department prior to approval of the
iissociated final map.
28. Prior "to "the approval of any final map. the developer :shall request in
wri1il1.9 that maintenance of Bll facilities iind improvements withil1 the, ,b
open space area associated with such map shall be the responsibility of Ct~
the Rancho del Rey Open Space Maintenance District.
29. Pri or "to approval 1)f the 1i rst fi l1a 1 map, ~comprehensi ve 1 andsc.ape :pl an .
shall :b.e submitt~d for review and appr.oval Df the tity Lantist:ape Archit~ct
and DirectorDfParks and '~ecreation. Prior 1:0 approval ..of ~ch final
:map.. comprehensive.. detailed landscape and irrì9atiDn 'Plans" fr.osiDn
,control :pli!ns and tletail~d water unagement 9uitlelines for all landscape
irriBati on shall be submitted in accorJ:lance with 'the Chula Vista 1.andscape
'Manual for the iissociatet! landscaping in that final map. These detailed
landscape and irriBation plans shall be for the review and i!pproval of the
-City landscape Archi1.ect and Dire.ctor of Parks and Recreation. The
landscapil1B fonnat 'Within 'the 'Project shall .be ~D emphasize l1ati ve.
drought tolerant plant mat~r:jal. Exceptions x:an be made for ~reaswhere
reclaimed water is exclusively used.. ïhecomprehensive landscape :plans
shall :addr~5s:
A. Slope ~nhancement ant! lant!scape treatment for -the :slope ìl1Dpen
Spac~ lot A, 'Phase 3, Unit 3, beneath the Jun;orHigh School lot.
The :plan shall ,address and T'rovide for 1I1ature size T>lant 1IIaterial,
boulder work and/or buttress work on the slope.
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Resolution No. 16222
Page 9
B. A 'natura 1 ized revegetation program for areas of gradi n9 in open
space lots, tlt'hich may include temporary irrigation.
C. The disturbed --native. areas within Telegrilph Canyon Road open space
corri dor ~ This Brea shall i~clude ~ree 9roupings or ~ree groves.
These plantings :shall be ~reated as Tilndom 1'1ant;~gsB~d shall be
identified in at least six areas along "the corridor with each
location providing plantings of 50 10 100 trees.. The ~xact number
of trees Bnd locations .are to be approvf!d :by the 'Plannin] Department
and Department t>f .Parh and Re!:r.eation. The 'intent :of "these grove
areas ;s"to proviDe ~ ~onsist~ncy ~ith 'existing grove areas in the
open space corridor ~est of the Rancho del Rey 3PA 111 area.
All ;Jradedilreas shall .be replanted prior to the approvill .ofany final
map. Germination of plant material shall be guarilnt~edby ~he ilpplicant
tc the sati sfacti on 'of the City Landscape Ar!:hi~ect.
30. Prior to approval of the first finallllap, detaì1sshowi~g the location and
design of the trail system and a sign 1'rDgram shall be submitt~d to and
approved by the Directors of Plannin.9 i!nd Parks imd Recreation. The iia i1
system 'in the open spa~e lots shall be ~ minimum 6 feet wide ~ithin Bn'8
foot horizontal clear space lInd is 10 iootvf!rtical clear space. The
.associated sign program shalli dentify "the trliil ~etwor~ ; n the open space
areas ilnd connecting along Paseo Ranchero, to the satisfaction of the
Directors of Planning and Parts and Recreation.
-
31. Prior final map approval for 'Phase 3, Unit 3 and Phase JI, Uni1 2 as shown
on the Tentative Map, cross sections shall be submitted to and approved by
the Director of Planning and City £ngineer ;l1ustratin.g the interface
where the trail ;s 1 oc:ated adjacent to thedra;~ageni1:ch:al ong Tele.9raph
Canyon Road. 1he i£nc:;ng Df thedrai~a.ge channel shall De ~esthetically
pleasing incorporating the use 'Of :plantings~ ~lIuestrian 1:ype f~nc;~g and
vinyl clad fenc:ing. These cross s~ctinnsandne!:orat;\'e fenc:ing :program
1nðY :be;~c ludeti with the ~omprehensi ve 1 andscape 1'1 an.. ff~C~ gates shall
be :prav; tied at 1 oc:at; ens apprDved by the tity £ng; ~eer to l!llDW
~intenance of "the drainage channel. .
Parks
32. The devel opershall be obligated for 12.5 :ac:rf!sof 1'ar~l:and ,astlesc:ribed
iT! the approved SPA Plan, i~c:luding lB~d,and/or fees,. .and/or atlditional
improvements, i n accordance "Wi th the Farr 1 and Den; catinn .Drd;~ance. 1'he
i!ctual final acreage will relate to the ~umber .of units ~pprDYed ~ith the
ii na 1 maps.
33. The l'a,..k loc:ated ;n Phase 3" Un;1:4 shall be a minimum 10 Tlet lIseable
acres.. Design and tlevelopment t>f the :park s'hallbe subject to 'the
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°esolutio~ No. 16222
J ge 10
¿
approval of the City IS Di rfctor -of Parks and Recreati on and sha 11 confonn
with the -parK master p1 an to be iidopted by 1:he City tounci1.
34. An adequate bufffrand separBti on -of 30 feet shall 'be provided betwefn the
rfsidentia1 lots 1It the eastern end of 'Palazzo Court ~nd -the ~xisting park
facilities. to 'the satisfaction of 'the Director of Parks and Recreation.'
Solution may include .but is not limited to relocating an existing tennis
court or lot redesign.
35. A ~inimum 20 foot wide ilccess ~orriñor shall be ~intained iSt the ~nd of
Paseo Palazzo .where 'the cul-tie-.sac:abuts "the -existing .park. Said iSrea
shall be made -part .of the -park. Detail and design of 'the ~ccess shall be
submitted 1:0 and approved by the Departments of Plannin£ and Parks and
Rec:rea1i on -pri Dr to fi nalmap approval for Phase 3. Unit 1.
GradinQ/D:õ;nacf
36. An erosion and sedimentation control -plan shall be prfpared as part of the /
grading plans.
-7 . Specific lIIethods of handling stom drainage i!re subject to detailed\
approval :by the City Engineer cat the time of submission of improvfment ~nd .
grading plans. Design shall :be accomplished on the :basis Df :the
requirfments of the Subdi vision Manual and the Grading Drdinance (No. 1797
as Bmended). 1he developer 'shall submit calculations to ñemonstrate
compliance with all drainage -requirements of the Subdivision ManuaL
38. Graéing proposals shall be -reviewed and Bpproved by the City Engineer and'
Director of Planning for consideration of ba111nced .cut and fi 11.
!Jti 1 izati nn of appropriate soil 1:ypes~ 'effective 1 andscaping and
-revegetation wherf~ i!pplicable. Grading shall :occur in s£par~te :phases
. unless -a single 1>hase oper.a'1i-on is approved .with 'the 9rading plan..
39. A lett-er -of pennission for grading shall be nbtained from SDG&E ,prior to./
any Brading wi'1hin or cadjacent to an SDG&E ~as~ment or trlhich would aff-ect
access thereto. .
40. The d~vel oper shallll1ake a reasonable effort to obtain pennissi on to grade"
the slopes .along .Buena Vista' ~ay at the foT11ler ;ntersectionof East .8J8
Street.. 1fpennission 'it) grade said slope is 110t reasonably ~ttainableas
detennined by 'the tity En.9iTleer,. 'the :regr.adil1.9 Df 'these slopes shall .not
be requirfd. The :provisi-ons -of 'this t:onditi on shall be complied .with
prior to approval of 'the final map for Phase 3. Uni1. 3.
41. Prior to approval1)f -any iil1al :map 1.or single family residential 'use.. the¿
developer shall submit a list of ~roposed l-ots ind;cating~ether 'the
str!Jcture will De locateD on fill. .;cut or ~ 1:ransition between two
situati ons. ff()
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Resolution No. 16222
Page 11
42. Lots 5hall be so graded as ~o nrBin ~o the street or an ~pproved drainage
system. Drainage :shall 110t be permitted to flow over :slopes. Lots 71. 72
andB9 of Phase 2 Uni1 1 :shall be :designed so 1:hat ~here wil 1beno
negati ve gradiTlg -Dr drainage ïmpacts to "the ltdjacent Dff-:site :properti es. ..
43. Graded -access she 11 be provi ded to a 11 pub 1 i c stonn dra i'n structures
including inlet and outlet structures. Paved ltccess shall be provided to
dndnage structures located in the rear yard of ,aTlY residential 101 or as
ð~proved by ~he C;1y ITlgineer4
44. The use of boulders in lIIiTlor draiTlðge basins B11d ~nerBY dissipêitors in1:he
canyon and open space .areas in thema11ner õpprov.ed by 1:he City Engineer
aTld Planning Director. ;s ~ncouraged to allow water 10 be -captured :and to
allow 1:rees to grow naturally.
sewer
......
.. 45. The developer shall be responsible for performing sewage flow nætering to
monitor three segments of œiTl identified in ~he R;d~ IngiTleerinB report
dated :September 5. 1990 as sections .QR. XIX2 andKL. MeterinB :shall be
accomplished at ~he locations detenniTled by the City £Tlgineer. MeteriTlg
- shall be :accomp 1 ished -pr; or 10 the issuance of any building permit for SPA
. 111 ant! be repeated at intervals n;rected by the Ci1y lngtneer. Should
any of these segments have ~tered flows which fill ~ore than 80% of the
pipe niameter.. the app 1 i cant sha 11 construct 'para 11 e 1 facil'ities ,as
detennined by the City ETlgineer. The neve" oper shal1-enter iTltoan
agreement with the City prior 1:0 first final map ~pproval providing for
all items indicated above.
46.. An improved liccess road with :a mittimum wi.dth .Df 12 f~et sha 11 .be :provi ded
toa11 :sanitary sewer manholes4 The -roadway shall :be tlesiBned for an fi-20
wheel' cad or 'other 1 cadi 11g ltsapproved by thetity £ngiTleer 4
47.. The neveloper shall nbtai~ permiss;o~ from the City ~n neposit sewage in
a foreign basin. The tleveloper shall enter iTlto ~n ~greementwith the
City Telati ve "tD the di version of sewage 'Prior to final map approval for
any phase or unit thereof proposing said diversion. .
48. The nevelDper shall De responsible for the r~moval ~f thè ~xistin9 sewer
þuntp stations (Missi-on Verne ~ndC1!nd'eWDod).. :Prior "to capproval of any
fiTlð 1 map centêi; li nB sai d remova 1.. "the uwner and theti ty shal1~nter ;Tlto
1!n ~grfement "to :establish the scope of work and 'the amount to be
reimbursed by the City to the subdivider for perfonning saitl -WOr.K4 The
tleveloper :may also request the formation ofa special sewer service ,area
~o :provide for the ~ost Df ~onnection Df the ~reacurrentl'y being served
by theCandlewood 'Pump station "'to the pennanent 9r~vi"'ty sewer system.
81
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~esolutiDn No. 16222
. age 12
Un'less Dtheoose .apprDved .by "the City fnBineer, -the scope t>f wDrkat both
sites shall be limited tD "the ïemDval ,and disposal of equipment, 'gradin.9.
landscap;n9 êmd cDns"tT.uctiDn Df new :sewerlines .aTld manholes Tequ;red for
connect; Dn 10 theprDpDsed :Rancho de 1 ttey 5ewer system. Any upsizi ng of
Rancho liel Rey Sewer lines due solely "to "the flow generated by the MissiDn
Verde and CandlewDod areas shall also be included.
"Reclaimed Water
49. Prior 1:0 approval of "the associateti final lJ1a-p. "the .oevelDper shall :provide
on-site ;nfTastru~ture 1:0 accept and "to ~se recl~i~d water when it;s .
available. alDnBPaseo .Ranchero from leleBraph tanYDn .Road to East >IIW'
Street ,and along last "J" .5"treet from :Paseo 'Ranchero "to "the :park si"te. :per
the adopted Public facilities financinB Plan.
50. Any costs in:urred from retrofitting "the reclaimed water system. when .
reclaimed water becomes available. shall be paid by "the developer. Monies .
for thi:sshall be held by "theCi"ty, "through a tiepDsitset !Jpby "the'
developer. The amount shall be tietermiTled by the tievelDper~ approved by
"the City and in :placepriDr to approval of each associated final map.
?rDv,d:: ~S~u"'O"'C~ I. ..s::"t:'¿ ?J""'¡J
r i re ~. ./.c II c.r +:---, ~ - .... C-or-l
51. Fi rf hydrants wi11berequiTed per the fire Department standards. Hydrant
spacing is 500 feet for single family and 300 feet for lI1ulti-family .
dwellings.
52. Maximum hydrant pressure shall not exceed 150ps;.
.
53.. Fire tydrilnts and roadway access (per City fi reMarshall apprDval) shall
be installed, tested ~nd Þperational ~r;or ~o any ~ombust;blf næteri4'~
~'aced Dn-sit~.
33.5 Developer And City shall., prior to the recording Df the first final map
including Al' or ~ny :portion Df the "territorYDf the. tentative map, tlave
entereD into a Development .Agreement which shall include, but shall not be
1 im; ted "to, a :promise satisfactory to the ti"ty requi ri nB "the tiev~ It>per tD
advance "the entire costs of relocating, or atCity.s option, 'to build and
relDute,fire Stat;onHo. ~ to a si"te satisfactory to the City, in
exchange for which develDper ~hall :be 9ranted I:eTtainty j)f~ntitlements, .
'or .such other mutua'lly ~greeable consideration..
AQreements/Covenants
54.. :Prior to final map approval for Phase l~Unit 1" 'the developer shall enter
into an iigreementwi'th "the City to :guarantee the development of the parcel .
specifically for senior housinB.
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Resolution No. 16222
Page 13
/
'OJ 55. Prior "to "the approval of "the first final map. -the developer shall enter'
into an agreement 1:0 ~rovirle a right 'turn lane at "the intersection of
Paseo del Rey and Iast"W .street. 1:0 "the satisfaction of the City
ETlgineer. if the threshold staTldards for1:his intersection as expressed i11
"the then curr~ntGrowthMana.gement DrninaT1ceare fxceeded at any time
during the development of "this project.
,j6. Prior to approval of the first fiTlal .map. the developer shall enter into
~ ~n agreement to -provide a ~aTK-T1-ride facility Tlear ~he intersection of
(, . - East -W' Street and Paseo tœm:heTo 1:0 iTlcl.ude 50 ~ark;n9 s-paces. 10
r; ,\; t/.//:7 bicycle lockers, light'ing, "trash receptacles and t:ìrculati.on stri-pinB to
(\ f c-' ¡', ';~\ \ the satis"!'action of "the City 1ransit toordinatDr. 1n ~ddit;on, -a transit
\ Iv'-,' stop. tolnclude a bench, shelter .and tnshreceptacle. shall be -provided
r( -) .J\ ./ on the 11orth -side of East ,IIW Street.. Apla11 of said illlprovementsand -the
<¡-'- ~c\ timi n9 thereof sha 1] be submitted and approved by 'the Ci'ty 1ransit
----: \ /- :oor-di;¡ètOr. Requirements of this .condition may also be met by
..,<..;. ì-...J dedication, improvements, and/Dr finam:iaì -participation i11 a -park-n-ride
j L ,OJ,:- facility master plan, at the sole :discretion of the City Council. The
~f-'- ..¡.~. . specific site shall be i11 the vicinity of "the site indicated "herein Dr at
- -, v:- an a lternati ve site ~ossibly off the territory Df the tentat; vemap whi ch
f"J ,0"- ali:ernative site shall meet wii:h i:heapproval of "the City.
\' ,:--
\'" 57. Prior to approval Df each final map, copies of -proposed C:C&Rs for "the
subdivision shall be submiti:ed 'to and approved by the City Planning
Department.
~~B. Prior ~o approval of the first final ~Pt ~he developer shall -provide B
~¡./ schedule, subject to the approval of the Planning Director and City
\~~~ Housing Coordinator. for the development of low iTlcomehous;ng as defined
, ~ .._ì .//nt, in the ligreement fxecuted between the Ci"ty and Rancho del ReyPartnershi-p
/ >AD ~er City Council Resolution No. 15751 natfd August 7~ 1990.
',39. Prior to the~pproval of any final map for the subject subdivision .or :any
unit thereof,. "the developer shall obtain all off-site right-of-way
necess~ry f.or the il1stallat;on Df reI¡uind improvements for 1;hat 1In;t.
. The devel.oper shall .also 1>rov;de eaS9fftÌS for all on-s;~e ~n'd .off-site
public s'tOT'm 11rains. sewers and Dther ;Jublic 1!tilities 1'rior to' approva 1
of the fiTlal map. Easements shall be B minimum width of 6 feet greater
than pipe size, but i11 nccase less than 10 feet.
60. The developer shall TlotiTy "the ti1y at least £0 days .pri.oT to.
consideration of "the f;na11llap byCi"ty if Dff-sitf right-of-way annot be
Dbta;ned M requirerlby 'the renditions .of approval. (Only off-site right-
of-way Dr east!ments iiffectedbySecti on £6462.5 -of "the Subdi,visi on 'Map Act
are covererl by this condi1:ion.
After said notification. "the developer shal1~
eg'?;
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Resolut;o~ Ho. 16222
Ige 14
A. Pay ~he iull cost oi acquiri~g oii-s;~e right-oi-way or easements
required by the Conditions of Approvaloi the tentative Map.
B. Deposit .nth 'the City the estimated cost of acquiring said Tight-of-
way or easements. Sëi!i estimate to be ~pproved .by ~he City
EngiT\eer . .
C. Have all easements and/or right-of-way Documents and plats ~repared .
and appïëisals complete ,which are necessary to co'lmlence condemnation
'Proceed;~gs.
D. Ji 'the developer so requests. 'the City may use i"ts ~owers to ~cqui re
right-of-way . easements Dr 1 icenses ~eeded toroif-site improvements
or work relãted "to the Tentati ve Mëp. Thedevelupers sha'll pay all'
costs. -both direct a~dindirect incurred ;11 said iicquis;'tion..
The requirements of a. b. and c above shall be accomplished prior "to the
approval of the final Map.
All off-site requirements which fall u~der 'the purview of Section '6646245
uf the State Subdivision Map Act will be waived;11 accorda~ce with that -
secti on of the Act if 'the City does 110t comply with the 120 day 1 imitati on ~
specified in that section. . rf
3 r.....-'. .~
Prior 'toapprovalofeãch final map. the developer shaTlenteri~to an;;' . 1J-~
~greeme11twi'ttl the City 'to include the subdivisions ;11 'the Mello 'Roos V
public: facilities .district -or an acceptable alternative financ;l1g 'Program.
subject 'to the approval of both 'the Chula Vista Ilementaryand Sweetwater
High School Districts.
Œ9 Pri Dr to approva lof .each fi na 1 map.. the neve 1 oper sha 11 -enter; ntoan
agreeme~t with theCity.where;n 'he agrees to comply with that 'version .ofJC"
the Growth fotanagement Ordi1)anc-e i11f!fiect :at the time -a buì1dil1g pennìt ;s
issued. Sucllcompliance includes but ;s 110t limited to the then 'current
East (hula Vista Transportation Fhasi11! .plan anti the .adopted J.iT Quality
\ð Improvement Pla11 and Water Conservation Plan f.or bncho del ~ey SPA 111.
Prior to fi~ ~p app~~ for a~ ~h.~ or unft then~. ~e ~e~l~e~~
shall enter into an agreeme~t with the City whereby:
A. The developer agrees 'that the City 1IIaY ..withhold .building pennits for.
any units in the subject subdivision ifanyo11e Ðf ~he iollowil1g
DCCUrs-:
1. ReBi onal development "thT"~ho 1 d limits set by the then cuT"rent
adopted IastChula Vista TnnspoTtatioTl -Phasi:nB.plan .have been
reached.
?''
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Resolution No. 16222
Page 15
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2. ìr.affic volumes. lfvel of sfrvice. ~ublic utilities iind/or
servi cesfxcefd the "thresholD stiindards ;11 "the then effect; ve
Growth Management Dr~iniince.
B. ìhe developer agrees that "the City may withhold Ðccupancy ~ermits
for any of the phases of devel opment ; denti fi ed in the Publ i c
facilities Financing Plan (PFFP) for Rancho del Rey SPA 111 if the
require!! -publi c facilities. XiS identifi ed ; n the 'PFFP or i!S amended
by the Annua 1 Monitorin.9 "Program have not been compl eted.
64. Prior to approval ofea ch fi na 1 map. the 'deve 1 Dper sha 11 agree to not
protest the formati on 01 i! district for the :maintenanceof limdscaped
medians and ~arkways .a 1 ongstreets withiTl and adjacent 1.0 1.he subject
property.
b:::. PT10r to approval of each fiTlal map. the developer shall enter into an
agreement wi th the City wherein he holds "the City hannless for any
liability for erosion. siltation Dr ;Tlcreased flow of drainage resulting
from this project.
/
,/
66. The .developer :shall enter into an agreetœntwith theC;ty ;whereby the
developer agrees to partit:ipatein the monitoringDf ~xistin9 .and future
sewage flows ;n the1elegr.aph Canyonlrunk Sewer .and the financing of the
preparation Df the Basin Plan .and. ~ursuant to 2Iny ~doptedBasin Plan.
.agree to partit:ipate in the financiTlg 'Of improvements set iorttJ therein,
; n an equitab If :manner. Said -agreement shall be ~xe!:uted by the developer
prior to final map approval for any phase or unit proposing to discharge
sewage into the ïelegraph Canyon 1runk Sewer.
¡¿
£7. lhedevelopershall ~ennit :all franchised cable "television companies
("'r:ableCnmpaTlY") fqual opportunitj' to :place ~oTldu;t "to and -provide cable
television service for ~ach lot .ithin the subdivìsion~ The neve loper
shã 11 ~nter i Tltoan agreement wi th~ 11 :parti d-pating tab 1 ~ 'tnmpaTli eswhi ch
shall -pro v; de,. iT! þart,. that 'upon receivinB wr:i~t~n lIotice from theC;ty
that said table tompany ;s ;T! .violation ~f 1.he teTmS and conditions of 'the
franchisf granted to said 'CableCompan'y. nr any .other "tenns aTld conditions
regulãting said tablf Cnmpãny in the City of thulaV;sta. as same may from
time 'to time be amended, developer shall suspend Cable Cnmpany's ~ccess to
\ saÜI t:onduituntil Cityntherwise t1otifies develnper.. .saiD agreement
shall be approved .by the C;tyAttorney prior to final .map .approvaL
l?
'68. ìhe neveloper shãll utilize the Paseo ¡ancherocoTTidor for ~onstruct;nn
tr.affic .unl~ss Dthen.r;se approved by the City Engineer. A construction
tnffic -plaTl shãll :be submitted for review and approv.al prinr 1.0 .approval
'of the first fiTlãl map nr ;ssuanc:eof a gradiTlg 1>ennit,. whichever occurs
first. The :plan shãll ; nclude ~rDv;sions for -dust contrDland state hours
1>f operation. Revisions to said .plan shall be approved by the City..
Engineer. ~~
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~esDlution No. 16222 ~V ~t--.
.ge 16
~ \ <y' ,{V
vJ ~~-I\9\'
fees!Pavmerrts
69. The subject t>roperty is -within the bountiariesof Open Space District 120
(lone 7). Open Space District 110 (Phase 11) and .Ass~ssment District 487-
1. Prior ~o final map ~t>proval or otheT grant Df approval fOT 4ny ~hase
or unit thereof. the developer shall :pay all costs associat~d with:
A. detach~nt of subject property from Open Space District 110 (Phase
11); and
B. reapporti onment of :assessments for Open Space Dinri ct 420 (Zone 7)
'and Assessment Di stri ct 487-1 :as a result of subdivision of lands
wi thin theprojet:t .boundary. -
70. ¡he developer shall pay:
f... Spring Va": 'Ie.; Sewer Trunkt:onnect;on fees (S130/ac:re) prior to final
map approval for a~y phase or unit thereof contributing flow to the
.spri ng Val ley ìrunK Sewer.
B. lelegraphCanyon drainage fees in accordance with Ordinance 2384.
71. PAD fees shall be .waivedor modified as provided in the :adopt~d Public
facil it i es financ;-ngPl an for Rancho !ie 1 Rey. "RCT fees lInn DIF fees shall
be paid in .acr::ordancewith the applicable regulations.. including the duty
to pay ~he fees in effect at the time the bulding penni~s :are issued. :PAD
fees sha 11 be guaranteed until such time as .the City wai yes said fees.
'Mi seell ðnfOUS
72. ìhe boundary tlf the subdivisÜm shall be tied to the California .system - ,/
lone \/1(1983).
73. 1>rÏor 1:0 final 1Bap .apprtlval for any Jm;t~ the !ieveloper shall submit al
t:opy of said final :map in a Ðiftal format such .as .(DXf) -graphìt: file.
This Computer Aided Design (CAD copy 1)f 'the final map shall be based on
accurat~ coordinat~ geometrycalculatÜ)T\sBT1d shall- :be submitted on 5 112
HD floppy ~;sk ~rior to ret:ordation of ~he final map.
,I
74. ìhe developer may file a master f;~al ~p whit:h proviDes for 'the sal~ of
super t 1 ock 1 ots correspondi T1g to 'the units and phasi ng orcombinati on 1)f
.units -and ~has;ng 'thereof" shoWßon the tentat; ve map.
Jfsaid super block lots do Taot show individual lots Depicted on the
~pprDved t~ntat;ve maþ~ ~ subsequent final map shall be fil~d fDT JiT1Y lot
whit:h triill be further subdivided.
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Resolution No. 16222.
Page 17
The City EnEineer may condition Bpprov~l 1)f such a final map to require
necessary -plans to provide infriistruc:ture necessary top' meet City
threshold "pol;cÜ~s and to confonn to the ~pproved Publit: Facilities
fi nanciTJg Plan. All super block lots rreated sha 11 have access to a
dedicated public street.
~ Bonds in the amounts detennined by the Ci ty Engi neer shall be posted pri or
to approval of :a master final map. Said master final map shall not l>e
cons; cered the fi rstf i na 1 lIlap ~s ; ndi catedi n other .condiíions of
approvil unless said map cnntaiT15 s;ngl€ or multiþle family 10~ 1)n
the t€ntative map.
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Code ReQuirements
I
75. The developer shall comply with all relevant Federal. Stat~ and Local
:e;:ulations. including the Clean Water Act. The neve 1 oper 5 ha 11 be
responsibìe for providing all required testing and documentation to
demonstrate sa; d camp 1 i am:e asrequi red l>y the City Engineer. /
76. The developer shall comply .with all iippl;cabl~ sections -of the Chula Vista
Hun; cipal Code as "they exist at "the time of issuance of "the building
permit. .Preparation of the final map and -all -plans shall 'be in accordance
with the provisions of the Subdivision Map Act .and "the City of thula Vista
Subdi vision Map Act and the City of '(hula Vista Subdi visi-on Ordinances and
Subdivision Manual. )
77. Applicant shall comply with, TemaiTl in compliance with. and implement, the
terms, conditions and provisions of the Sectional Planning Area Plan, and
such Water Conservation Plan, the Air Quality Pl an and "the Public
fac;liti es f i nanc; ng 1>1 an ~pproved by 'the Counc; 1 r.P1Bns") ~s are
applicable "to the property whi!:h i5 the subject matter of "this 1~nt-ative
Map, þrior to approval -of the fi~a' Map~ or shall haveentereå ;~to an
agreement with the City.. -providing the City with such 5e~urity (incl!1ding
-recoråationof ~ovenants T!1nni~9 with the land) and implementation
procedures as the City mayïequire.. assuring "that. ~fter approval of the
final Map. "the Applicant shall 'contil'lue "to ~omplywith. 'remain in
rompliance with, -and implement such Plans. Developer shall agree to waive
any claim that the adoption ofa f;nalWater Conservation Plan or Air
Quèlity Plan constitutes an improper subsequent imposition of the
condition.
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Resolution No. 16222
3ge 18
That è copy of this Tesoll1tion be -transmitted to 'the owners of the property.
Presented by
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Robert A. letter BrJ1ce tot. Boogaar
Director of Planni~B City Attorney
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R~solution No. 16222
Pag€ 19
PASSED, APPROVED and ADOPTED by the City Council of the Ci ty of Chu 1 a
Vista, California, this 30th day Ðf July. 1991. by ~he following vot~:
A YES: Councilmembers: Grasser Horton, Moore, Nader
NOES: Counci1m~mb~rs: None
ABSENT: Council members: Nader
ABSTAIN: Counei lm~mbers: MalCOlm
./
..- ..' .., , / .'.
. . Tim Nader, Mayor
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ATTEST:
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I '/ I ( ¡;.-/-- /
'-f;~/iIJ I, (Uu.I{~-t
Beverly A. Authelet, City ClerK
STATE DF CALIFDRNIA )
COUNTY Of SAN D1EGO ) ss.
C1TY Of tHULA V1SJA )
1, Beverly A.Authelf1, City Clerk t>f 'the City .of Chul~ Vista. talifornia;o do
hereby certify that 'the foregoing Resolution fio.. 16222 <was tiuly passed~ ~pprovedo
and ,adopted by 'the City Council heldoT1 'the3Dth day of July, 1991.
Executed this 30th day of July, 1991.
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WATER CONSERVATION PLAN FOR
THE SUNBOWII PLANNED
DEVELOPMENT PROjECT
- Prepared for: Sunbow
2445 Fifth Avenue, Fourth Floor
. San Diego, CA 92101-1692
L
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Prepared by: Wilson Engineering
703 Palomar Airport Road, Suite 300
- Carls bad, CA 92009
(619) 438-4422
November 1990
-- COqg-()~ 3
fZ I ~q '7 f
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TABLE OF CONTENTS
PAGE NO.
Introduction .............................................. 1
Purpose .................................................. 2
WaterUseatSunbowII ...................................... .,
J
Water Rates .............................................. 5
Water Conservation Measures ................................. 6
INDOOR MEASURES .................................. 6
--,
Ultra-Low Flow Toilet .............................. 6
- Ultra-Low Flow Showerhead ......................... 7
FaucetAerators................................... 7
Water Efficient Clothes Washer. . . . . . . . . . . . . . . . . . . . . .. 7
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Water Efficient Dishwasher .......................... 8
Water Pressure Reduction ........."""..'..'....'. 8
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OUTDOOR MEASURES ..............'....""'..""" 8
Water Conservation Guide .......................... 8
Low Water Use Landscaping ......................-. 10
Xeriscaping ..................................... 10
Soil Moisture Sensors ............................. 10
Automatic Timer Shutoffs for Manual Hose Systems ...... 11
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TABLE OF CONTENTS (Continued)
, PAGE NO.
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r: Water Reclamation ............................... 11
r Water Conservation Costs 14
,-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Typical Water Conservation Plan .............................. 18
Recommendation Water Conservation Plan. . . . . . . . . . . . . . . . . . . . .. 20
Recommendations .................................... 20
Implementation of Water Conservation Plan ...................... 21
~
t . References .............................................. 23
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LIST OF TABLES
PAGE NO.
TABLE 1 Sunbow II Housing and Population ............4
TABLE 2 Projected Water Use for Sunbow II ............ 5
TABLE 3 Costs for Water Conservation Devices (All
Costs in March 1990 Dollars) . . . . . . . . . . . . . . . . 15
TABLE 4 Sunbow II Water Conservation Measures (All
Costs in March 1990 Dollars) . . . . . . . . . . . . . . . . 16
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TABLE 5 Potential Water Conservation Plan for Sunbow
. . II (All Costs in March 1990 Dollars) .......... 19
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LIST OF FIGURES
PAGE NO.
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f ~ EXHIBIT A .................................. 13
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I n trod uction
In recent years, due to the prolonged drought in California, the
subject of water conservation has been given increased attention.
The growing awareness of the need and value of water conservation
has been sparked by local and regional water purveyors concerned
about meeting the water demands of their customers during a
period where firm water supplies have diminished.
-
While the public sector has done much to educate consumers about
-
the serious implications of a long-term drought, and the need for
- water conservation, there is a practical limit to the percentage
reduction of water use in established communities. This limit is a
_.. consequence of the types of plumbing fixtures installed in existing
homes as well as the difficulty in altering consumers' established
patterns of water use.
In the arena of water conservation, the private development sector-
has become more attuned to the concerns of water availability, and
has recognized the value of addressing water conservation issues
throughout planned development projects. By incorporating low
water use plumbing fixtures and promoting drought tolerant
1
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landscaping, as well as providing educational materials to
homeowners within the development project, private developments
can do much to cultivate an interest in water conservation and
establish new patterns of water use. These efforts can have far-
! reaching impacts with regard to reducing the need for securing and
f importing larger quantities of water for use in San Diego County.
¡ .
Purpose
This report presents a reVIew of the presently available
technologies and practices which result in water conservation in
primarily residential developments. The purpose of this report is
to determine which of these technologies and techniques are most
cost-effective to implement within the Sunbow II project.
Based on an analysis of cost versus benefit, this report will present
recommendations for water conservation measures which should be
incorporated into the planning and design of the Sunbow II project.
,
L This water conservation plan will identify the incremental costs
associated with installing water-saving technologies and present the
. ~ long-term benefits with regard to overall water use reduction for
the Sunbow II project.
Proposed development within the Sunbow II project boundary
includes single family housing, multi-family housing, industrial,-
commercial, park and recreation, school, and open space areas.
Because the majority of this project comprises residential
development, the emphasis of this report will be on urban water
control devices.
2
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Roughly half of the water used by residences in California is used
outdoors. For this reason, several options are presented that serve
to reduce outdoor water use. The latest water conservation
!" measures will be presented including an evaluation of their
L feasibility. In addition to evaluating residential water conservation
rl devices the benefits associated with using reclaimed water for
'J irrigation of parks and open space will be discussed.
r
0_- Although not covered in detail, there are several secondary benefits
to conserving water that should be kept in mind when reviewing
material in this report. These benefits include reduced sewage
volume, reduced natural gas use, and reduced electricity use. Using
less water in the shower, for example, reduces the amount of water
input into the sewer system and decreases the amount of energy
required to heat the water.
L
Water Use at Sunbow II
(-'.1
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Water usage is affected by, among other things, climate and the
U type of development. In California, recent trends towards the
, ' construction of more multi-unit housing, the general reduction in
¡
L residential lot SIze, and a number of local agency water
conservation programs in effect are all tending to reduce per capita
- water consumption. Total water use within the boundaries of the
San Diego County Water Authority is about 232 gallons per person
per day and total use within the Otay Water District is about 187-
;~: gallons per person per day.!
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" These values take into account commercial, agricultural and
- industrial uses as well as residential use. The City of San Diego
3
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Water Utilities Department calculated that an average single family
household used approximately 372 gallons per day in 1989.
Assuming three persons per household, this equates to an average
residential water use of 124 gallons per person per day.
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r~ Table 1 shows the proportion of single family and multi-family
¡: housing along with an estimation of population density for the
r-' Sunbow II development area. Table 2 shows the projected water
I
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use broken down according to land use and residential density.
Notice that the total estimated water use is 1.07 mgd which is
divided between potable water and reclaimed water uses. The goal
of water conservation measures is to reduce the amount of potable
water used.
Table 1
~
SunbowII
L Housing and Population
. ..... .. ... . .
,.. ................ ,..... ... :!,:!:':: Ê P:~~::!:: ¡ ¡!! ¡ ¡!: i,!! ¡:,'.';:! !'2! ~ ~ f!:~ !!!,!,: ~~ ~ :~,!::!!!: :,!:!: !U,I! ¡,¡ ',I!; :!!!~: ~ ~ :g:!: '¡:,::'
..... .......... .....,........ ......
.,."", . "".,."",.'" "".",."."
(:" :,:R~r;~~'g~,?f~~~':)
t,
L Single Family 1,128 1,128 3.0 3,384
Attached Low 740 518 2.5 1,295
:
I Density
L-
Attached High 78 55 2.2 121
- Density
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Table 2
.-- Projected Water Use for Sunbow II
,., . ... .
.. .. ... ..... ...... .... ....
.. .... . .. .......... ...
! . ...... .. . .... . ....
L .. Typ~ ~rÐ eYel()pg~#(
r Single Family 1,128 ED Us 375 gpdjEDU 0.42
Attached Low Density 518 EDUs 313 gpdjEDU 0.16
r Attached High Density 55 EDUs 275 gpdjEDU 0.02
'-~ Commercial, Business
10.0 acres 2,000 gpdj acre 0.02
School 10.8 acres 2,500 gpdjacre 0.03
Park & Recreation 10.0 acres 2,500 gpdjacre 0.03 '
. .
Industrial 46.0 acres 4,000 gpdjacre 0.18
Maintained Open 84.6 acres 2,500 gpdjacre 0.21 '
Space
, Non-Irrigated Open 94 acres 0 gpdjacre 0.0
t . Space
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f.' Proposed to be irrigated with reclaimed water.
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Water Rates
The water rate used to estimate the potable water savings in thiç
.. study is $1.07 per 100 cubic feet. This rate was computed from
c" Section 25 of the Otay Water District's Code of Ordinances. Under
I this ordinance, the monthly charge is $0.91 per 100 cubic feet for
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the first 500 cubic feet of use and $1.16 per 100 cubic feet for water
use from 500 cubic feet to 2,500 cubic feet. An average use of
1,500 cubic feet per month was used to establish the average cost
of potable water. Rates differ for commercial, business, and
industrial areas, but since Sunbow II is primarily residential, $1.07
per 100 cubic feet was considered appropriate. Based on the Code
of Ordinances, the cost of reclaimed water from Otay Water
District is $1.17 per 100 cubic feet.
Water Conservation Measures
Implementing water conservation measures before construction of
a new development project provides an opportunity to include
measures that might not be feasible or cost-effective to retrofit
within a developed area. There are several measures described
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below that would be expensive to retrofit, but may be cost effective
if included in the initial construction. Statistics on several indoor
l.......
and outdoor water conservation measures were obtained from the
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r Department of Water Resources2 and are listed with a brief
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description below. The statistics represent results from surveys of
- manufacturers of the various water conservation devices. Indoor
and outdoor water conservation measures will be discussed
separately.
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~-- INDOOR MEASURES
r- Ultra-Low Flow Toilet - The ultra-low flow toilet is
: ~
specially designed to reduce water used for toilet
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flushing to about 1.6 gallons per flush. This compares
to a standard low flush toilet which is rated at 3.5
gallons per flush. Section 17921.3 of the California
Health and Safety Code requires that all toilets in
L buildings constructed after January 1, 1983, use a
n maximum of 3.5 gallons per flush. This standard will
L be used as a basis for evaluating the benefits of
n installing ultra-low flow toilets.
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~ Ultra-Low Flow Showerhead - Ultra-low flow
showerheads reduce the flow rate for showers to 1.5
gallons per minute, whereas standard low flow
showerheads use 2.75 gallons per minute. California
regulations require that all showerheads sold in the
state have a maximum flow rate of 2.75 gallons per
minute. This standard will be used as a basis for
~
evaluating the benefits of installing ultra-low flow
L. showerheads.
,.°; ~ Faucet Aerators - Aerators can save water by reducing
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both the flow rate and splash, thereby increasing
- wetting effectiveness. Standard faucets have average
rated flow rates of 3.25 gpm and faucets with aerators
have a flow rate of about 2.75 gpm. This translates
into a daily savings of about 0.5 gallons per person.
-
~ Water Efficient Clothes Washer - Efficient clothes
.- washers are designed to reduce the amount of water
used per load. Efficient clothes washers may use about
7
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45 gallons per load, whereas standard washers use
about 55 gallons per load.
~ Water Efficient Dishwasher - Efficient dishwashers,
: like
t; clothes washers, are designed to reduce the
f .. amount of water used per load. Efficient dishwashers
f . about 11 gallons load
use per versus standard
-~ dishwashers that use about 14 gallons per load.
~ Water Pressure Reduction - Pressure reducing valves
are used to lower water consumption through system
leakage by reducing the pressure head to between 50
.. :
and 60 psi. Lower water pressure also reduces the flow
rate from faucets in wash basins resulting in more
efficient use of the water. This device is mainly useful
in areas where water pressure is greater than 60 psi.
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, . OUTDOOR MEASURES
U
!': Water Conservation Guide - It is often a good idea to
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produce a landscape watering guide and distribute it to
- the homeowners of a new development project. The
guide is designed to educate the homeowner on the
~ efficient irrigation of landscaping. Studies have shown
that increased public awareness and information is very
important in an effective water conservation plan3.
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Besides efficient irrigation, a home water conservation
guide can include information on general conservation
,-- techniques, such as listing commonly available drought
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resistant plants, and explaining how to install efficient
irrigation systems such as drip irrigation.
A recent article in The San Diego Union4 listed some
water conservation tips that are typical of information
that should be included in a water conservation guide.
An outline of some of the tips are listed below.
0 Select drought resistant plants and
list types available.
0 Water early in the morning.
0 Use drip irrigation as opposed
to sprinklers to reduce
evaporation losses.
0 Build basins around trees and
plants to avoid water run off.
0 Use mulch around plants to
absorb and retain water
L...
better.
. .
! . 0 Sweep sidewalks and patios
'-'-"
rather than hosing them off.
- . Do not leave water running
. while washing car.
Several other tips were mentioned all with the
intention of increasing the knowledge and awareness of
the homeowner.
9
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~ Low Water Use Landscapin~ - The purpose of this
measure is to replace the familiar ornamental plants
,- - imported from the east coast with plants that are more
I"~ adapted to the hot and dry conditions of California.
L These plants require less water and, if irrigated
fj properly, will result in water savings. This measure is
especially attractive in new developments because low
C water use plants are no more costly to plant than the
familiar ornamental plants. Under this measure turf
area is not reduced; the substitution is made in the
-. border areas surrounding the turf. Water savings from
.. low water use plants is estimated to be 7.5 percent of
outdoor water use.
~ Xeriscapin~ - Xeriscaping involves several principles
that all serve to reduce water use. These principles
~
include reduction of turf area, use of low water use
i
r . plants, efficient irrigation, use of mulches to reduce
L
evaporation from the soil, and appropriate
U maintenance. The limiting of turf size provides the
I most significant savings of water. Xeriscaping, while
still attractive, can cut outdoor water use by 50% if
L
" ' maintained properly.
~ Soil Moisture Sensors - Soil moisture sensors for
-~ automatic electronic systems permit irrigation only
-
when the turf needs water. Soil moisture sensors can
produce impressive water savings while permitting
accurate and unattended irrigation. It is estimated that
this device can reduce outdoor water use by 25 %.
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~ Automatic Timer Shutoffs for Manual Hose Svstems -
In the event that a home is manually watered,
automatic timer shutoffs are available for hoses so that
it becomes convenient to irrigate more accurately. The
L-, hose is shut off automatically after the desired amount
!' of time rather than when the homeowner returns to
shut it off. The effectiveness of this measure is further
increased if the homeowner has a knowledge of how
long to irrigate. This device is expected to reduce
outdoor water use by 15% for houses using hoses to
irrigate.
There are other types of irrigation systems available
for use, but statistics on their effectiveness in saving
water were not readily available. An automatic timer
controlled sprinkler system is available and serves to
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eliminate the possibility of forgetting to turn off the
..-,
î.J sprinklers. Drip irrigation systems are also available.
These systems reduce evaporation losses and losses due
!-1
, . to wind blown spray. In the past few years there have
u
been amendments to the Zoning Ordinance which
- establishes regulations and guidelines to conserve
water on outdoor landscaping in projects requiring
- County approval. This trend is expected to continue to
control the amount of water will be used outdoors in
residential projects. -
~ Water Reclamation - Important benefits can be gained
by reclaiming and reusing water that would otherwise
be disposed of. Reusing water is a conservation
11
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measure and it can defer or eliminate the need to
develop new fresh water supplies. Reclaimed water
can be used for various applications such as landscape
watering, industrial cooling, and groundwater recharge.
A reclaimed water system will be constructed within
Sunbow II In accordance with the master plan
developed by the Otay Water District. This system will
be drawn from a 16-inch water line to be constructed in
Telegraph Canyon Road. Reclaimed water lines will be
constructed from Telegraph Canyon Road down
Medical Center Drive and Paseo Ladera Drive.
Reclaimed water lines will also be constructed in East
Palomar Drive and East Orange Avenue. In addition
to the major supply lines shown in Exhibit A, reclaimed
water lines will be provided within the local residential
streets and surrounding areas in conformance with the
requirements of the Otay Water District.
-
As presented in Table 2 of this report, it is anticipated
,~
that 240,000 gallons per day (average) of reclaimed
water will be used within Sunbow II for irrigation of
-
parks and maintained open space. This use of
reclaimed water directly offsets use of potable water
for irrigation, and therefore decreases potable water
use by the Sunbow II project by 22 percent, or an
-
estimated 268 acre-feet per year.
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EXHIBIT A
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Water Conservation Costs
Costs for the various water saving measures are listed in Table 3.
The benefit over the service life of a measure is divided by its
,
L incremental cost to determine the benefit/cost ratio, as shown in
r1 Table 4. The higher the benefit of a measure is relative to its cost,
the more feasible it is to implement. A benefit/cost ratio of 1
¡-. implies that the benefits received from a measure are equal to the
! :
'-'" cost of implementing that measure. Therefore, all water
conservation measures in Table 4 with a benefit/cost ratio greater
than 1 will pay for themselves if implemented. Also, remember that
additional benefits are received by reduced sewage volume and
energy savlllgs. All cost data was revised to March 1990, dollars
using an ENR-CCI-LA of 57955.
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Table 3
Costs for Water Conservation Devices
; (All Costs in March 1990 Dollars)
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Showerhead 3 10 1.7 12
Faucet Aerator uu 3 3.4 10
Clothes Washer 500 612 1 112
Dishwasher 464 496 1 32
Pressure Reducing Valve _u- 159 1 159
"-
Low Water Use Plants 900 900 _m u--
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L Xeriscape 1,500 5,000 m- 3,500
Soil Moisture Sensors --u 105 1 105
L
L-'-' Automatic Timer uu 20 2 40
Shutoffs for Manual Hose
- Systems
Water Conservation u-- 2 1 2
Guide
Water Reclamation o 1,436,000 ---- 1,436,000.
* Total estimated cost for the entire Sunbow II project.
15
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Explanation and Sample Calculations for Table 4
: ¡ Column 1 = Savings per capita x 2.82 capita/EDU average.
li
fl Column 2 = Estimated cost per dwelling unit, See Table 3.
d
r Column 3 = Estimated service life.
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Column 4 = Column 1 x ($1.07/100 cf) x (1 cf/7.48 gallon)
, ,
x (365 day/year)
Column 5 = Column 3 x Column 4
Column 6 = Benefit/cost ratio = Column 5/Column 2
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Note: cf = cubic feet
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Typical Water Conservation Plan
Cd Table 5 shows some of the water conservation devices and their
. . combined savings if they are implemented. Notice that not all of
L the conservation measures in Table 4 are listed in Table 5. This is
r because some of the measures, especially outdoor measures, are
¡
; overlapping in purpose. Because an item is not listed in Table 5,
- however, does not imply that it is not feasible.
The purpose of Table 5 is to provide a typical water conservation
plan for a single family dwelling unit and to demonstrate the
potential water savings associated with such a plan. Note that
implementing these devices results in a water savings of 121.4
gallons per household per day while maintaining a benefit/cost
ratio of 2.3.
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Table 5
Potential Water Conservation Plan for Sunbow II
(All Costs in March 1990 Dollars)
....::.~~~~!~::¡:j¡lll!i::i.!i:
;¡::¡¡~~i~'ií~:ii:!!¡:l:l:ii¡:
.:...'.($lElfûlX.Jj.~.:;
Ultra Low Flow 22.6 56 11.80 295.00 5.3
Toilet
Ultra Low Flow 14.1 12 7.36 110040 9,2
Shower
. . Faucet Aerator 1.4 10 0.73 5.11 0.51
Efficient 8.5 112 4.44 53.28 0048
Clothes Washer
Efficient 104 32 0.73 8.76 0,27
Dishwasher
Pressure 8.5 159 4.44 88.80 0,56
~ Reducing Valve
Low Water Use 25.4 0 13.26 265.20 (Very High)
~O Landscaping
Soil Moisture 39.5 105 20.62 309.30 2.9
Sensors
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Recommended Water Conservation Plan
It is clear that implementing water conservation can be cost-
0 . effective for the Sunbow II project. Aside from pressure reducing
0
L valves which are required by the Otay Water District, it is up to the
IJ developer and homeowner to implement measures that will result
in water savings. The developer is limited in how much he can
r make the homeowner do, but he should set a good example and
make the homeowner more aware of the need to conserve water.
Recommendations:
It is recommended that in the development of the project, the
following should be included:
. Ultra low flow toilets.
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. Ultra low flow showerheads.
,
t . . Faucet aerators.
U
. Pressure reducing valve.
r~ . Water conservation guide.
'-.J
. Use of reclaimed water where possible.
. Drought resistant plants in parks and
-
public landscaping.
. Effective irrigation system such as soil
--
moisture sensors or drip irrigation.
The water conservation guide should urge the homeowner to use
low water use landscaping, install automatic timers on hoses, and
choose an effective irrigation system.
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IMPLEMENTATION OF WATER CONSERVATION PLAN
The recommendations made herein are achievable goals for water
conservation within the Sunbow II Planned Community. An
implementation plan is necessary for the successful achievement of
water conservation. The following paragraphs present the Sunbow
II planned community's procedures for informing the Otay Water
- District of the project's compliance with the recommendations of
the Water Conservation Plan.
Confirmation of ComuIiance
Installation of ultra low flush toilets, ultra low flow showerheads,
faucet aerators, pressure reducing valves, and other such built-in
devices will be confirmed by the builder's project architect.
~
Plantings, soil moisture sensors, drip irrigation systems, and other
-.
;.J landscape related facilities will be confirmed by the builder's
landscape architect. In both cases, written notification will be sent
, .
.:.J to the Otay Water District verifying compliance with this Water
Conservation Plan.
-
Ten copies of the Water Conservation Guide which will be
- produced and distributed to prospective homeowners within the
Sunbow II Community will be submitted to the Otay Water District.
Included in the submittal will be the proposed mechanism for -
distributing these guidelines to future homeowners. Submittal of
this Guide and distribution method will be required prior to
issuance of any water meters in the Sunbow II project.
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N on compliance or failure to notify the Otay Water District of
compliance could result in suspension of further water meter
allocation to the builder.
The Otay Water District can ensure the use of reclaimed water in
the Sunbow II project be reviewing requests for and issuing
reclaimed water meters for as many uses as allowed by applicable
regulations.
Overall compliance with the Sunbow II Water Conservation Plan
-.. will be a condition of purchase agreements between Rancho Del
Sur (Master Developer for Sunbow II) and any and all Merchant
Builders within Sunbow II.
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References
1. San Diego County Water Authority, 1988
~ Annual Report.
L
(1 2. State of California, Department of Water
',I Resources, Water Plan, Water
r Conservation Assumptions, October 1989.
3. American Water Works Association
Journal, Volume 79, No.3, March 1987.
4. The San Diego Union Newspaper, Section
F, July 22, 1990.
5. Engineering News Record Journal, April
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1990.
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- WATER CONSERVATION PLAN ADDENDUM
-1 (Wilson Report Dated November 1990)
1
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SUNBOW
Prepared for:
-
. , Ayres Land Company
U 550 West C Street, Suite 1750
San Diego, CA 92101
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.... Prepared by:
- bHA, Inc.
land planning, civil engineering, surveying
5115 Avenida Encinas, Suite L
Carlsbad, CA 92008-4387
(619) 931-8700
March 31,1997
-
W.O. 482-0262-600
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TABLE OF CONTENTS
Page No.
Purpose 1
Water Use at Sunbow II 1
Water Rates 1
Water Conservation Measures 2
Water Conservation Costs 2
Typical Water Conservation Plan 2
Recommended Water Conservation Plan 2
Implementation and Monitoring of Water Conservation Plan 2
'-
References 4
-
, . Appendix:
-~ Table 1- Projected Water Use for Sunbow II
.- Table 2 - Sunbow II Water Conservation Measures
Table 3 - Potential Water Conservation Plan for Sunbow II
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PURPOSE:
The purpose of this addendum is to update the Water Conservation Plan For The Sunbow II
Planned Development Project prepared by Wilson Engineering dated November 1990 (Ref.
A). During the six years since that plan was prepared, changes in the cost of potable and
reclaimed water, Otay Water District policies and methods have changed slightly, which
necessitates this addendum.
WATER USE AT SUNBOW II
Water use at Sunbow II has been estimated in the Subarea Water Master Plan for Sunbow II
! by John Powell and Associates, Inc. dated January 1997 (Ref. B) and is at this writing
unapproved. Since the writing of the Wilson plan, Otay Water District has changed its rate
of industrial usage from 4,000 gallons per day per acre to 1.0 acre-feet per acre-year (less than
900 gallons per day per acre). Perhaps this is because of two factors. First, implementation
of water conservation measures by industrial users recently has brought down the measured
rate of their water consumption. Second, businesses that occupy industrial land within the
district have changed in nature to businesses that consume less water.
Another difference between Ref. A and B is the water usage in irrigated open-space. The
Wilson Plan estimates that usage at 210,000 gallons per day and the Powell SAMP shows no
water consumption for open-space. Wilson's usage is 2,500 gallons per day per acre for
maintained open space is 12% higher than the 2.5 acre-feet per acre-year that Otay Water
District now uses. Because this usage is for reclaimed water, which is in itself a water
conselVation measure, this plan will not concern itself with usage of within maintained open-
- space.
Finally, atay Water District has assigned a single usage rate to all multi-family dwellings of
--, 2.5 acre-feet per acre-year while Wilson used 313 gallons per day per EDU for "attached low-
density" and 275 gallons per day per EDU for "attached high-density". Because the number
of units is known for Sunbow II, the 2.5 acre-feet per acre-year rate works out to be 2,47.5
.~ gallons per day per EDU, considerably less than the two rates used by Wilson.
WATER RATES
The water rates used by Wilson in Ref. A is $1.07 per 100 cubic feet (748 gallons) for
residential use has increased to $1.44 per 100 cubic feet, using the same assumptions. As well,
the reclaimed water rates have increased from $1.17 to $1.50 per 100 cubic feet. Using these
rates and the revised usages, Table 2 shows the water conservation benefit/cost ratios updated
from Table 4 of the Wilson Plan. It should be noted that Table 3 from the Wilson Plan
showing the costs for water conselVation devices was not updated.
1
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WATER CONSERVATION MEASURES
BRA felt that this section of the report was up-to-date.
WATER CONSERVATION COSTS
. - BRA felt that this section of the report was up-to-date.
{ :
. 1YPICAL WATER CONSERVATION PLAN
~ BRA felt that this section of the report was up-to-date, except that Table 5 in the Wilson Plan
was revised in this plan's Table 3 to reflect those changes already noted in the first three
sections of this plan.
RECOMMENDED WATER CONSERVATION PLAN
BRA felt that this section of the report was up-to-date.
IMPLEMENTATION AND MONITORING OF WATER CONSERVATION PLAN
Implementation of the Water Conservation Plan shall be primarily the responsibility of the
Master Developer. The Master Developer will establish requirements and guidelines for
merchant builders and provide educational materials and guidance to new homeowners. The
- Master Developer will require the inclusion of drought tolerant plant materials and efficient
irrigation systems in the majority of builder-installed landscaping. The Master Developer will
; ¡ install Reclaimed Water Mains, Services at the time of Street Improvements, all necessary
- irrigation piping and appurtenances for reclaimed water irrigation of park and open space
t \ areas. The Mello-Roos Community Facilities District formed for new school facilities, will be
~. j responsible for installation of reclaimed water irrigation and other water conservation
measures within the school site. Related mitigation measures are specified in EIR 90-7.
i.- A significant responsIbility will also rest with the City of Chula Vista to enforce the provisions
of this plan, specifically the Planning, Building, Engineering and Park & Recreation
Departments. The Planning and Building Departments will review plan submittals to ensure
- that water conservation measures are properly included in landscape and houselbuilding plans.
The Engineering Department will review Improvement Plans to ensure that Reclaimed Water
Infrastructure is included. The Parks and Recreation Department will approve planting and
irrigation plans for public parks and open space. -
As shown in the Public Facilities Financing Plan, Reclaimed Water Mains and Services will
be installed with the major road and infrastructure improvements. The provision of reclaimed
water and plan review of Reclaimed Water Mains and Services will be the responsibility of the
2
...
Otay Water District. The decision to use reclaimed water for irrigation purposes rests with
the City Parks and Recreation Department for parks and open space areas, and the Chula
Vista Elementary School District for the elementary school site.
In order to ensure that all provisions of this plan are met, the standard review of landscape and
construction documents performed by the City will include an evaluation of compliance with
the provisions of this Water Conservation Plan. This approach will allow for a formal
determination by the City that each of the required measures are implemented. Future
discretionary of administrative actions with regard to development within the Sunbow II
Project (e.g., tentative map, building or grading permit) way be utilized to address or ensure
. . compliance with the prescribed water conservation measures.
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REFERENCES
A) Water Conservation eJan for Sunbow II Planned Development Project, Wilson
Engineering, November 1990.
L; B) Subarea Water Master Plan for Sunbow II, John Powell and Associates, January 1997.
IMPLEMENT A 110 N AND M 0 NITO RING OF W A 1ER CONSER VA 110 N PLAN
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TABLE 1
Projected Water Use for Sunbow II
...
Type of Development Amount Rate Use Use
. . (Ac-ftIAc-yr) (Ac-ftIyr) (MGD)
Sino Ie Family 266.2 Acres 2.0 532.4 0.48
Multi-Family 63.5 Acres 2.5 158.75 0.14
~ Commercial, Business 11.0 Acres 2.0 22 0.02
School 11.0 Acres 1.4 15.4 0.01
Park & Recreation 10.0 Acres 1.0 10 0.01
Industrial 46.0 Acres 1.0 46 0.04
Maintained Open Space 84.6 Acres 2.8 236.92 0.21
Total Water Use 1021.47 0.91
Potable Water Use 774.55 0.69
Reclaimed Water Use 246.92 0.22
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Giroux & Associates
Environmental Consultants
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AIR QUALITY IMPACT ANALYSIS
AIR QUALITY IMPROVEMENT PLAN
SUNBOW II GENERAL DEVELOPMENT PLAN
CITY OF CHULA VISTA, CALIFORNIA
Prepared for:
Ayres Land Company
Attn: william R. Hamlin
750 nBn Street, st. 2370
San Diego, CA 92101
Date:
March 5, 1998
cc: BRA, Inc.
Attn: Rod Bradley/Paula
5115 Ave. Encinas, suite L
Carlsbad, CA 92008-4387
177-14 Skv Park Circle, Suite 210, Irvine California 92614 - Phone (714) 851-8609 - Fax (714) 851-8612
...
TABLE OF CONTENTS
Page No.
1.0 - INTRODUCTION 1
1.1 Purpo s e 1
1.2 Local and Regional Air Quality Measures 1
1.3 Approach 3
2.0 AIR QUALITY SETTING 5
2.1 Meteorology/Climate 5'
2.2 Air Quality 6
2.2.1 Ambient Air Quality Standards 6
2.2.2 Baseline Air Quality 7
2.2.3 Sources of Pollution 11
2.2.4 Air Quality Management Planning 11
3.0 AIR QUALITY IMPACTS 13
3.1 Sources of Impact 13
3.2 standards of significance 13
3.3 Construction Impacts 14
3.4 Long-Term Vehicular Emissions Impacts 18
3.5 Stationary Source Emissions 20
4.0 IMPACT MITIGATION 22
4.1 Candidate Air Quality Improvement Plan -
Project Construction 23
4.2 Air Quality Improvement Plan - site
operations 24
4.3 city of Chula vista AQIP Guidelines 25
List of Tables
Table 2.1 - Ambient Air Quality Standards
Table 2.2 - Chula vista Area Air Quality Monitoring Summary
Table 3.1 - Daily Mass Grading Equipment Exhaust Emissions
Table 3.2 - Sunbow II project-Related Vehicular Emissions
Table 3.3 - Phase 1 Mobile Source Emissions
Table 4.1 - Design Phase Air Pollution Mitigation checklist
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1.0 INTRODUCTION
1.1 Purpose
The purpose of this Air Quality Improvement Plan (AQIP) for the
Sunbow II General Development Plan is to fulfill requirements in
the Growth Management Program (GMP) of the City of Chula vista. As
described below, the GMP results from a long term, comprehensive
planning process.
The City of Chula vista has looked comprehensively at future
development and its related impacts on public facilities and
services. The approvals of the Threshold Ordinance and the General
Plan update were the first steps in growth management planning.
The policy process then led to the preparation and adoption of the
Growth Management Element and finally the Growth Management
Program.
The city's Growth Management Program is the last component in the
Plan to form a comprehensive growth management system. This
program implements the Growth Management Element of the General
Plan and establishes an orderly process to carry out the
development policies of the city. It directs and coordinates
future growth patterns and rates to guarantee the timely provision
of public facilities and services. The primary area of focus of
the Growth Management Program is east of 1-805 where most of the
remaining vacant land within the City and its sphere of influence
is located, including the proposed project site.
1.2 Local and Regional Air Quality Measures
This AQIP draws from federal, state, regional and local planning
requirements. The Federal Clean Air Act Amendments (FCAAA) and the
California Clean Air Act (CCAA) are the driving mechanisms for the
current version of the San Diego Air Basin Air Quality Management
Plan. The CCAA and FCAAA require submittal and updates of air
quality improvement plans for each basin not in attainment with
state or federal standards. pollutants within the San Diego Air
Basin that exceed state or federal clean air standards include
ozone and sub-10-micron diameter respirable particulate matter (PM-
10).
The CCAA and FCAAA also serve as a base for many regional growth
guidelines such as SANDAG's Draft Quality of Life Standards and
Objectives document, prepared by the Regional Growth Management
Technical Committee. It covers eight topics: air quality, water
quality, sewage disposal, sensitive lands protection, solid waste
management, toxic and hazardous waste management, transportation
system management and housing. These regional standards and
1
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objectives follow state and federal law. At a minimum, they must
be implemented on a regional level by agencies such as the Air
Pollution Control District (APCD) , Regional Water Quality Control
Board, County Water Authority, etc. The methods that guide the
Regional Growth Management strategy in San Diego County are, of
necessity, long term in nature and will involve every city and
special district in the county, including the City of Chula vista.
Federal and state air quality standards provide the framework for
the air quality, transportation system management (TSM) and
transportation demand management components of the SANDAG Quality
of Life Standards and Objectives. The California Air Resources
Board (ARB) has classified the San Diego region as a serious non-
attainment area for photochemical air pollution (ozone) and
projects non-compliance with State standards beyond 1997.
According to the San Diego APCD, the major sources of air
pollutants in the region are motor vehicles and pollution transport
from Los Angeles. Given this situation, local air quality
improvement efforts are focused on transportation issues. To
address transportation-related air quality problems, level of
service standards for arterials, highways and transit systems have
been developed along with goals for reducing single occupant auto
trips.
Actions necessary to achieve state and federal clean air standards,
and TSM and TDM objectives include:
0 reducing solo auto trips by carpooling and using transit
0 promoting telecommuting and staggered work schedules
0 improving transit service
0 building additional high occupancy vehicle lanes
0 coordinating traffic signals and implementing other circulation
system improvements
0 reducing trip lengths through jobs/housing balance, mixed use
development and focusing development near transit stations.
At the local planning level, cities must contribute to the air
improvement effort with a day-to-day decision making framework to
ensure attainment of regional standards and objecti ves. Even
though no current local air quality plan exists in Chula vista, the
City Council has implemented the Growth Management Program which
requires Air Quality Improvement Plans (AQIP) for major development
projects (50 residential units or commercial/industrial projects
2
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generating more than 500 trips per day). Through the Growth
Management Program, Chula vista is actively working to establish
effective long-term strategies that implement state and federal air
quality standards and objectives.
The legal requirement for an AQIP is stated in section 19.09.050B
of the city of Chula vista Municipal Code. Each Sectional Planning
Area (SPA) Plan submittal must contain an AQIP. The AQIP should
identify those measures that:
- reduce the number of auto trips as the most effective means
of reducing local air quality impacts,
- minimize energy consumption to reduce fossil fuel
combustion for energy generation both to reduce "standard"
air pollutants as well as greenhouse gases such as CO2
involved in global warming,
- control fugitive dust and heavy equipment exhaust nuisance
impacts during construction.
The AQIP is typically designed as a stand-alone technical report in
a setting/impact/mitigation format. This structure allows the AQIP
to be directly incorporated into project environmental clearance
either as backup technical documentation for a mitigated negative
declaration (MND) or to be summarized into the body of an EIR.
1.3 Approach
In order to insure that the role of transportation-related air
pollution emissions are minimized as much as possible, measures in
the regional air quality plan deal explicitly with trip/VMT
reduction. Mandatory trip reduction programs have been found to be
of limited effectiveness, to be economically burdensome and to be
poli tically unpopular. Such measures have therefore been made
voluntary to be implemented at a sub-regional level where they are
most effective. The city of Chula vista AQIP requirements are
designed to insure that all available emissions reduction measures
are incorporated into project planning regardless of whether air
quality agencies have promulgated such measures on a basinwide
scale.
Air quality mitigation in this AQIP focuses on the strategies and
measures available to general development projects. Trip reduction
strategies generally differentiate between commercial, industrial
and institutional uses which are major attractors versus
residential development which is the primary source of trip
3
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generation. Successful strategies are those that most efficiently
couple the attractors and generators. If attractors and generators
are located in close proximity, then walking, bicycling or para-
transit systems may reduce single occupant vehicle (SOV)
dependence. If they are linked by efficient transit opportunities,
non-SOV commuting becomes a viable option. If attractors are
sufficiently large, either individually or through a specialized
transportation management agency consolidating closely grouped
attractors, the available pool of participants for ride-share or
para-transit programs is made large enough for these programs to be
effective. If commercial, employment and institutional development
occurs in phase with residential growth, then trip lengths for
goods, services, jobs, school, recreation, etc. can be minimized by
providing needed amenities locally instead of far from the
development.
Most established transportation/air quality improvement measures in
the state and regional plans address issues of impact mitigation
for residential projects on a limited basis. Some enhanced
mitigation measures are available, however, on a local project/
developer basis. These measures include best available control
measures for dust (PM-1O) abatement, increased energy efficiency
for reduction of fuel combustion, and incorporation of features
into home design to accommodate new technologies that reduce trip-
making or shift travel to less polluting modes.
New development at the edge of existing communities typically
begins with a residential component. As the development grows,
then grocery stores, schools, and other support facilities follow.
Business park or shopping center construction may lag behind
several years until the development reached "critical mass" that
makes a more fully integrated community viable. The AQIP assumes
that the total project will be built as planned, but the absorption
rate of new development is obviously market driven. Because of the
synergy between closely linked residential and non-residential
development in terms of pollution reduction efficiency, concurrent
phased growth of all master-planned community components
constitutes the optimum air quality improvement strategy.
4
"
2.0 AIR QUALITY SETTING
2.1 Meteoroloqv/Climate
The climate of Chula Vista, as with all of Southern California, is
largely controlled by the strength and position of the semi-
permanent high pressure center over the Pacific Ocean. The high
pressur~ ridge over the West Coast creates a repetitive pattern of
frequent early morning cloudiness, hazy afternoon sunshine, clean
daytime onshore breezes and little temperature change throughout
the year. Limited rainfall occurs in winter when the oceanic high
pressure center is weakest and farthest south as the fringes of
mid-latitude storms occasionally move through the area. Summers
are often completely dry with an average of 10.3 inches of rain
falling each year from November to early April at Lower Otay
Reservoir, the nearest climate station to the project site.
Unfortunately, the same atmospheric conditions that create a
desirable living climate, combine to limit the ability of the
atmosphere to disperse the air pollution generated by the large
population attracted to the San Diego County climate. The onshore
winds across the coastline diminish quickly when they reach the
foothill communities east of San Diego, and the sinking air within
the offshore high pressure system forms a massive temperature
inversion that traps all air pollutants near the ground. The
resulting horizontal and vertical stagnation, in conjunction with
ample sunshine, causes a number of reactive pollutants to undergo
photochemical reactions and form smog that degrades visibility and
irritates tear ducts and nasal membranes.
Because coastal areas are well ventilated by fresh breezes during
the daytime, they generally do not experience the same frequency of
air pollution problems found in some areas east of Chula vista.
Unhealthful air quality within the San Diego Air Basin's southern
coastal communities does occur at times in summer during limited
localized stagnation, but occurs mainly in conjunction with the
occasional intrusion of polluted air from the Los Angeles Basin
into the County. Localized elevated pollution levels may also
occur in winter during calm stable conditions near freeways,
shopping centers or other major traffic sources, but such clean air
violations are highly localized in space and time and would not
normally be found near the project site. Except for the occasional
interbasin transport, air quality in the project vicinity is
probably quite good.
Local meteorological conditions in the project vicinity have not
been routinely monitored, but they likely conform to the regional
pattern of strong onshore winds by day, especially in summer, and
5
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weak offshore winds at night, especially in winter. These local
wind patterns are driven by the temperature difference between the
normally cool ocean and the warm interior and steered by any local
topography. In summer, moderate breezes of 8-12 mph blow onshore
and upvalley from the SW by day, and may continue all night as a
light onshore breeze when the land remains warmer than the ocean.
In winter, the onshore flow is weaker and reverses to blow from the
NE in the evening as the land becomes cooler than the ocean.
-
Both the onshore flow of marine air and the nocturnal drainage
winds are accompanied by two characteristic temperature inversion
conditions that further control the rate of air pollution dispersal
throughout the air basin. The daytime cool onshore flow is capped
by a deep layer of warm, sinking air. Along the coastline, the
marine air layer beneath the inversion cap is deep enough to
accommodate any locally generated emissions. However, as the layer
moves inland, pollution sources (especially automobiles) add
pollutants from below without any dilution from above through the
inversion interface. When this progressively polluted layer
approaches foothill communities east of coastal developments, it
becomes shallower and exposes residents in those areas to the
concentrated reacted byproducts of coastal area sources.
A second inversion type occurs when slow drainage or stagnation of
cool air at night creates localized cold "pools" while the air
above the surface remains warm. Such radiation inversions occur
throughout the San Diego area but are strongest within low,
channelized river valleys. They may trap vehicular exhaust
pollutants such as carbon monoxide (CO) near their source until
these inversions are destroyed by surface warming the next morning.
Any such CO "hot spots" are highly localized in space and time (if
they occur at all), but occasionally stagnant dispersion conditions
are certainly an important air quality concern in combination with
continued intensive development of the Chula vista area. The
intensity of development near the project site is extremely low
such that non-local background pollution levels during nocturnal
stagnation periods are also low. The local airshed, therefore, has
considerable excess dispersive capacity that limits the potential
for any localized air pollution "hot spots" from project
implementation.
2.2 Air Quality
2.2.1 Ambient Air Quality Standards (AAQS)
In order to gauge the significance of the air quality impacts of
the Sunbow II development, those impacts, together with existing
background air quality levels, must be compared to the applicable
6
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ambient air quality standards. These standards are the levels of
air quality considered safe, with an adequate margin of safety, to
protect the public health and welfare. They are designed to
protect those people whose current health condition makes them most
susceptible to further respiratory distress, such as asthmatics,
the elderly, very young children, people already weakened by other
diseases or illness and persons engaged in strenuous work or
exercise, called "sensitive receptors."
-
Healthy adults can tolerate occasional exposure to air pollutant
concentrations considerably above these minimum standards before
adverse effects are observed. Recent research has shown, however,
that chronic exposure to ozone at levels that just meet federal
AAQS may nevertheless have an adverse respiratory health impact.
Just meeting standards may not provide a sufficient health
protection cushion for sensitive receptor populations.
National AAQS were established in 1971 for six pollution species
with states retaining the option to add other pollutants, require
more stringent compliance, or to include different exposure
periods. The initial attainment deadline of 1977 was extended to
1987 for certain National AAQS, and that deadline passed with the
San Diego Air Basin (SDAB) still far from attainment. A California
Clean Air Act (AB-2595) and a new Federal Clean Air Act have both
since been promulgated that establish more realistic implementation
timeframes for airsheds with moderately degraded air quality such
as SDAB. Because California had established AAQS several years
before the federal action and because of unique air quality
problems introduced by the restrictive dispersion meteorology,
there is considerable difference between state and federal clean
air standards. Those standards currently in effect in California
are shown in Table 2.1.
2.2.2 Baseline Air Quality
The nearest air quality measurements to the project site are made
in downtown Chula vista by the San Diego County Air Pollution
Control District (APCD), the agency responsible for air quality
planning, monitoring and enforcement in the SDAB. Table 2.2
summarizes the last seven years of published monitoring data from
the Chula vista (80 East J. st.) station. Progress toward cleaner
air is seen in almost every pollution category in Table 2.2. The
only federal clean air standard that was exceeded throughout the 7-
year monitoring period was the hourly ozone standard which was
exceeded an average of 2-3 times per year (once per year is
allowable). The more stringent State standards for ozone and for
10-micron diameter respirable particulate matter (PM-10) were
exceeded on a somewhat higher frequency; but, overall air quality
in Chula Vista, as representative of the Sunbow II area, is
nevertheless very good in comparison to other areas of the SDAB.
7
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STATE STANDARD FEDERAL PRIMARY MOST RELEVANT EFFECTS
STANDARD
AIR CONCENTRA TIONI CONCENTRA TIONI
POLLUTANT A VERAGING TIME A VERAGrNG TIME
Ozone 0.09 ppm.l-hr. avg. > 0.12 ppm, I-hr avg.> (a) Short-tenn exposures: (I) Pulmonary
function decrements and localized lung edema
in humans and animals. (2) Risk to public
health implied by alterations in pulmonary
- morphology and host defense in animals; (b)
Long-tenn exposures: Risk to public health
implied by allererl ce>nneet;"e tissue
metabolism and altered pulmonary
morphology in animals after long-tenn
exposures and pulmonary function decrements
in chronically exposed humans; (c) Vegetation
damage; (d) Propc:ny damage
Carbon 9.0 ppm, B-hr avg. > 9 ppm. B-hr avg.> (a) Aggravation of angina pectoris and other
Monoxide 20 ppm. l-hr avg. > 35 ppm, I-hr avg.> aspects of coronary heart disease; (b)
Decreased exercise tolerance in persons with
peripheral vascular disease and lung disease;
(c) Impainnent of central nervous system
functions; (d) Possible increased risk to fetUses
Nitrogen 0.25 ppm. I.hr avg. > 0.053 ppm, ann. avg.> (a) Potential to aggravate chronic respiratory
Dioxide. disease and respiratory symptoms in sensitive
groups; (b) Risk to public health implied by
pulmonary and extra.pulmonary biochemical
and cellular changes and pulmonary suuctural
changes; (c) Contribution to aunospheric
discoloration
Sulfur Dioxide 0.04 ppm, 24-hr avg.> 0.03 ppm, ann. avg.> (a) Bronchoeonstriction accompanied by
0.25 ppm. I-hr. avg. > 0.14 ppm, 24-hr avg.> symptoms which may include wheezing,
shonness of breath and chest tightness, during
exercise or physical activity in persons with
asthma
Suspended 30 Jiglm3, ann. geometric mean > 50 1g1m3, annual (a) Excess deaths from shon-tenn exposures
Particulate 50 ¡.tglm3, 24-hr average> arithmetic mean > and exacerb¡tion of symptoms in sensitive
Maner (PM.o) 150Jiglm3, 24-hr avg.> patients with respiratory disease; (b) Excess
seasonal declines in pulmonary function,
especially in children
Sulfates 25 J.lglm3, 24-hr avg. >= (a) Decrease in ventilatory function; (b)
Aggravation of asthmatic symptoms; (c)
Aggravation of tardio-pulmonary disease; (d)
Vegetation damage; (e) Degradation of
visibility; (I) Propeny damage
Lead 1.5 J.lglm3, 30-day avg. >= 1.5 J.lglm3. calendar quarter> (a) Increased body burden; (b) Impainnent of
blood fonnation and nerve conduction
Visibility- In sufficient amount to reduce the Visibility impainnent on days when relative
Reducing visual range to less than 10 miles at humidity is less than 70 percent
Particles relative humidity less than 70
percent, B-hour average (1 Oarn.
6pm)
..
TABLE
Ambient Air Quality Standards 2.1
..
TABLE 2.2
CHULA VISTA AREA AIR QUALITY MOliITORllfG SUMMARY
(Days Standards Were Exeeeded and IIaIÍIa FOI Periods Indicated)
-
Pollutant/standard 1990 1991 1992 1993 1994 1995 1996
Ozone:
l-Hour > 0.09 p¡m 21 13 14 12 4 7 1
!-Hour> 0.12 ppll 3 3 4 1 0 1 0
l-Hour ~ 0.20 ppm 0 0 0 0 0 0 0
Max. 1-Hour Cone. (ppll) 0.15 0.15 0.15 0.13 0.10 0.14 0.10
Carbon Monoxide:
!-Hour> 20. p¡m 0 0 0 0 0 0 0
8-Hour > 9. PpII 0 0 0 0 0 0 0
Max. I-Hour Cone. (ppm) 7 7 7 5 7 5 6
Max. 8-Hour Cone. (ppll) 4.8 3.9 3.8 3.5 3.8 4.0 3.2
Ni trogen Dioxide:
I-Hour> 0.25 ppm 0 0 0 0 0 0 0
Max. I-Hour Cone. (ppll) 0.13 0.12 0.15 0.09 0.10 0.10 0.08
Particulate SUlfate:
24-Hour ~ 25. 119/m3 0/51 0/21 0/29 0/31 0/34 0/30 X/YJ.
Max. 24-Hour Cone. (~g/1I3) 16.8 11.2 9.9 19.0 15.4 22.0 YJ..X
Inhalable Particulates ¡PM-I0):
24-Hour > 50 p.g/m3 7/62 7/60 2/60 2/60 2/60 5/59 X/XX
24-Hour > 150 p.g/m3 0/62 0/60 0/60 0/60 0/60 0/59 X/YJ.
Max. 24-Hour Cone. (~g/m3) 67 73 54 56 61 103 62
Note: Standards for sulfur dioxide and particulate lead have been met with a wide margin of safety in 1990-96, and are,
therefore, not shown.
Source: California Air Resources Board, SUDJIary of Air Quality Data, 1990-96. Chula vista APCD Monitoring station (except for
salle particulate data which are frail San Diego APCD Downtown Station).
YJ. = final 1996 data are not yet available.
..
There are no clear-cut trends in the Chula vista baseline air
quality data in Table 2. Improvement of the few standards
routinely exceeded is relatively slow. Some very encouraging
trends are seen in Table 2, particularly for the most recent data.
In the last four years, Chula vista recorded the following air
pollution records in its monitoring history:
- fewest violations of the California hourly ozone standard
(1996)
- fewest violations of federal ozone standard 1994 + 1996)
- lowest annual 1-hour ozone maximum (1994 - 1996)
- lowest annual 1-hour CO maximum (1993, 1995)
- lowest annual 8-hour CO maximum (1996)
- lowest annual 1-hour NO2 maximum (1996)
- fewest violations of PM-10 standard (1993-94)
Extrapolation of the pollution trendline suggests that limited
violations of standards could occur into the future but with
decreasing frequency. Since observed San Diego County ozone air
quality sometimes derives from the southward drift of pollution
from the South Coast Air Basin (which is forecast to continue to
exceed ozone standards to the year 2010), some ozone standard
violations will likely occur in the County beyond the 1999
attainment target date despite Countywide pollution control
efforts. A further improvement in ambient air quality from County-
generated emissions reductions will thus occur within the next
decade, but complete attainment of all standards may not happen
until after the turn of the century.
As noted above, federal attainment criteria allow for one violation
of standards per year averaged over three years. Inspection of
Table 2 shows that the federal ozone standard of 0.12 ppm for one
hour was only exceeded only twice from 1993 through 1996. The
Chula vista area technically is an attainment sub-area within the
larger San Diego Air Basin non-attainment area. Except in foothill
communi ties most affected by air stagnation at the base of the
summer inversion, attainment of the federal ozone standard is close
at hand throughout the air basin.
Some air quality concern has been raised about pollutant transport
from Mexico with its considerably less stringent pollution control
laws. An air quality station was established on Otay Mesa in part
to monitor this phenomenon. Slight differences in ozone
distribution on Otay Mesa are seen compared to Chula vista. These
differences are not so dramatic, however, as to indicate any
substantial cross-border pollution transport.
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2.2.3 Sources of Pollution
Nitrogen oxides (NOx) and reactive organic gases (ROG) are the two
precursors to photochemical smog formation. In San Diego County,
68% of the 310 tons per day of ROG emitted come from mobile (cars,
ships, planes, heavy equipment, etc.) sources. For NOx' 88% of the
240 tons emitted daily are from mobile sources. Computer modeling
of smog formation has shown that a reduction of around 25% each of
NOx and-RaG would allow the San Diego Air Basin to meet the federal
ozone standard on days when there is no substantial transport of
pollution from the South Coast Air Basin or other airshed.
2.2.4 Air Quality Management Planning
The continued violations of national AAQS in the SDAB, particularly
those for ozone in inland foothill areas, requires that a plan be
developed outlining the pollution controls that will be undertaken
to improve air quality. In San Diego County, this attainment
planning process is embodied in a regional air quality management
plan developed jointly by the APCD and SANDAG. Several plans had
been adopted in the late 1970s and early 1980s under the title
Regional Air Quality strategies (RAQS). until recently, the 1982
RAQS was the last federally-approved (EPA) air quality plan for
attainment of the federal ozone standard. More recent planning
efforts have been modifications, improvements and updates of the
earlier RAQS efforts.
The California Clean Air Act (AB-2595) required that a state clean
air plan be developed to address meeting state standards as well as
the often less stringent federal criteria. A basin plan was
therefore developed and adopted in 1991 that predicted attainment
of all national standards by the end of 1997 from pollution sources
within the air basin, but little could be done about the problem of
interbasin transport. Since the South Coast Air Basin is predicted
to exceed the national ozone standard beyond the year 2000, the San
Diego Air Basin, will also not experience completely healthful air
for the next several decades.
A plan to meet the federal standard for ozone was developed in 1994
during the process of updating the 1991 state plan. This local
plan was combined with those from all other California non-
attainment areas with serious ozone problems to create the
California State Implementation Plan (SIP). The SIP was adopted by
the Air Resources Board (ARB) after public hearings on November g-
10, 1994, and forwarded to the U. S. EPA for their approval. After
considerable analysis and debate, particularly regarding airsheds
with the worst smog problems, EPA finally approved the SIP in mid-
1996.
11
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During the planning process and smog formation modeling, it was
discovered that the SDAB can meet the federal ozone standard by the
year 1999 without the creation of any new control programs not
already in progress. Airsheds demonstrating an ability to meet
standards by 1999 (in the absence of transport from one basin to
another) are classified as having a "serious" ozone problem instead
of being classified as "severe". The SDAPCD requested that EPA
reclassify the air basin from severe to serious. This request was
subsequently approved.
All progress towards attainment, including offsetting the effects
of growth, is expected to derive from existing local, state and
federal rules and regulations. Controversial rules previously
evaluated that were judged by some people as overly intrusive into
personal lifestyles (mandatory trip reduction programs or minimum
average vehicle occupancy goals) are not needed to predict
attainment. Any violations of ozone standards in the year 2000 or
beyond are forecast to occur only on days when transport from the
Los Angeles Basin creates substantially elevated baseline levels
upon which any local basin impacts would be superimposed.
In general, mixed use developments such as Sunbow II are not of
themselves emitters of air pollutants. Individual industrial uses
may emit air contaminants from manufacturing or assembly
operations. Such stationary sources are strongly controlled by
SDAPCD rules and regulations. Industries unable to comply with
stringent emission limits have moved out of county, out of state,
or out of the country. Remaining industrial activities are mainly
"clean" uses.
New developments generate air pollution almost exclusively through
commuting, shopping or other personal travel. Traffic-generating
sources are called" indirect sources". Indirect source consistency
with any regional air quality planning is determined in terms of
whether overall growth has been correctly anticipated in a given
sub-region. If a given project represents an increment of growth
predicted by SANDAG in its growth forecasts, and if any applicable
emissions control measures applicable on a project-specific basis
are implemented, then the regional air quality impact of project
implementation is less than significant.
12
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3.0 AIR QUALITY IMPACTS
3.1 Sources of Impact
The proposed project will impact air quality primarily through the
vehicular traffic generated by project residents. Mobile source
impacts occur basically on two scales of motion. Regionally, si te-
related travel will add to regional trip generation and increase
the vehicle miles traveled (VMT) within the local airshed.
Locarly, project traffic, will be added to the Chula Vista roadway
system near the project site. If such traffic occurs during
periods of poor atmospheric ventilation, is comprised of a large
number of vehicles "cold-started" and operating at pollution
ineff icient speeds, and is driving on roadways already crowded with
non-project traffic, there is a potential for the formation of
microscale air pollution "hot spots" in the area immediately around
points of congested traffic. with continued improvement in
vehicular emissions at a rate faster than the rate of vehicle
growth and/or congestion, air pollution "hot spot" potential is
steadily decreasing. standards for carbon monoxide (CO), the most
typical indicator of any "hot spot" potential, have not been
exceeded at any air basin monitoring station since 1990.
Secondary project-related atmospheric impacts derive from a number
of other small, growth-connected emissions sources such as
temporary emissions of dusts and fumes during project construction,
increased fossil-fuel combustion in power plants from project
electricity requirements, evaporative emissions at gas stations or
from paints, thinners or solvents used in construction and
maintenance, increased air travel from area visitors, dust from
tire wear and re-suspended roadway dust, etc. All these emission
points are either temporary, or they are so small in comparison to
project-related automotive sources such that their impact is less
important. They do point out, however, that growth engenders
increased air pollution emissions from a wide variety of sources,
and thus further inhibits the near-term attainment of all clean air
standards in the San Diego Air Basin (SDAB).
3.2 Standards of Significance
CEQA guidelines define a potentially significant air quality impact
as one that:
a. creates violations of clean air standards,
b. contributes measurably to an existing violation, or,
c. exposes people to contaminants for which there are no presumed
safe exposures.
13
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For projects that create mainly automobile traffic whose emissions
require complex photochemical reactions to reach their most harmful
stage, there is no way to measure the impact to establish a
"measurable contribution". Various air pollution control I
management agencies have developed guidelines using total project
emissions as a surrogate for determining regional impact potential.
The City of Chula Vista has no such threshold levels, but relies on
guidance from other agencies. Candidate significance threshold
levels include the following:
Significant Emissions (lb/day)
Agency ~ ROC NOx sax IH 10
SDAPCD Rule 20.2 (a) 550 100 100 100 100
SDAPCD Rule 20.3 (b) 550 250 250 250 250
City of San Diego (c) 550" 100"" --- --- -
South Coast AQMD (d) 550 55 55 150 150
a = requires best available control
b = requires ambient air quality analysis
c = Significance Determination Guidelines (1991)
d = SCAQMD CEQA Air Quality Handbook (1993)
.. = in areas of congested traffic
.... = in areas of free-flow traffic
For purposes of analysis, the SDAPCD Rule 20.2 (BACT-trigger) is a
reasonable compromise between the most stringent and most lenient
of the four possible significance thresholds noted above.
3.3 Construction Impacts
The most significant source of air pollution from project
construction will be the dust generated during excavation, grading
and site preparation. Typical total dust lofting rates from
construction activities are usually assumed to average 1.2 tons of
dust per month per acre disturbed in the absence of any dust
control procedures. These emissions are for total suspended
particulates (TSP) which comprise smaller, respirable particulate
matter of 10-micron diameter or less (called PM-10) , as well as
14
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larger particles that are trapped within the upper respiratory
tract of people and other mammals. The PM-IO fraction of TSP is
assumed to be around 50 percent. The PM-IO emission factor for
project-related soil disturbance is around 55 pounds per day per
acre disturbed in the absence of any dust control.
The California Air Resources Board (ARB) area source emissions
inventory guidelines estimate that the net disturbance area for
single-family housing is 0.25 acre per dwelling unit. Multi-family
units nave a presumed smaller disturbance footprint of 0.05 acre
per unit. The residential development disturbance footprint for
calculating dust generation for Sunbow II is approximately 300
acres. An additional 75 acres will be heavily graded for the
business park, commercial, school and other community facilities.
The net Sun bow II disturbance area will be approximately 375 acres,
not all of which will be under simultaneous construction.
For purposes of analysis, approximately one-tenth, or perhaps 40
acres, was assumed to be disturbed on any given day. In the
absence of any dust control, simultaneous disturbance of the 40
acres would generate daily total PM-lO emissions of 2200 pounds if
no mitigation measures are implemented. Implementation of vigorous
dust control measures would reduce PM-lO associated with grading by
50-75 percent or in the range of 550-1100 pounds per day. This
range of emissions would still exceed the daily PM-10 significance
threshold of 100 pounds per day. This generation of construction
dust PM-IO emissions can be reduced to sub-threshold levels by
reducing the area of disturbance and by using a very aggressive
dust control program. Highly effective dust control can achieve a
90 percent control efficiency. If such a control program were
implemented, and the simultaneous disturbance were restricted to
slightly less than 20 acres per day, then daily PM-10 emissions
could be maintained at less than the identified significance
thresholds. Assuming that such an aggressive dust control program
is implemented during construction, then with the temporary
timeframe of such emissions and the generally good daytime
ventilation conditions in the project vicinity, the impact from
construction dust generation would be considered as individually
less than significant. components of a dust control program that
use best available control methods (BACMs) is detailed in the
mitigation discussion.
In addition to small dust particles that remain suspended in the
air semi-indefinitely, construction also generates many large
particles that are easily filtered by human breathing passages, but
settle out rapidly on parked cars and other nearby horizontal
surfaces. Large particle emissions thus comprises more of a
soiling nuisance rather than any potentially unhealthful air
quality impact. with prevailing daytime west to east winds, dust
15
,
soiling potential is likely greatest directly east of the project
site. Good control of fine particulates also results in
substantial reduction in nuisance potential from larger particulate
matter. While dust deposition can be minimized, it often can not
be completely eliminated. While temporary soiling nuisance is
considered adverse, it does not constitute a significant air
quality impact.
It should be noted that current regulatory philosophy relative to
airborne particulates is that PM-lO is not an adequate predictor of
potential health impacts. It has been clearly demonstrated that
the health risk lies in much smaller particulate matter with
diameters of 2.5 microns or less, called "PM-2.5". New federal
standards for PM-2.5 were promulgated in 1997. Research has shown
that mechanical abrasion processes such as clearing or grading of
soil contribute little to the area PM-2.5 burden. Since grading is
not a major PM-2.5 contributor, and since inert silicates
comprising soil dust are further not particularly unhealthful, both
the predicted significance of project grading and the stringency of
recommended mitigation should be revisited if and when PM-2.5
standards are adopted.
Equipment exhaust as well will be released during project
construction activities from mobile sources during site
preparation. On-site, diesel-powered construction equipment will
create gaseous and particulate tailpipe emissions that are not
regulated by smog control rules such as for on-road sources.
Recent new rules for off-road equipment have been adopted, but they
apply to future new equipment purchases and not to the historical
off-road equipment fleet likely to be used during site grading.
Typical site grading was assumed to entail five (5) scrapers
operating at an average power load of 60 percent of full throttle,
assisted by a dozer and grader operating at a 40 percent power
level each. Daily equipment exhaust emissions are shown in Table
3.1.
None of the emissions from on-site equipment operations exceed the
daily emissions activity significance threshold. However, there is
a possibility that daily NOx emissions could approach the 100 pound
per day significance threshold if any additional equipment were to
operate on site during the grading activity. Mitigation in the
form of periodic low-NOx tune-ups for such equipment would be
required to maintain NOx emissions at sub-threshold levels.
Although the daily NOx emissions are substantial, the mobile nature
of the construction equipment will prevent any localized violation
of the NOx standard. Emissions will also be spread out over a wide
area and over an extended buildout schedule. There may be
localized instances when the characteristic diesel exhaust odor
16
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TABLE 3_1
DAILY MASS GRADING EQUIPMENT EXHAUST EMISSIONS
-
Emissions Factors (poundsjhour @ 100% load)
Equipment: CO ROC Nox S02 PM-10
Tracked Dozer 0.20 0.12 1.26 0.14 0.11
Motor Grader 0.15 0.04 0.71 0.09 0.06
Scraper 1.25 0.27 3.84 0.46 0.41
Daily Emissions (pounds/day)
Tracked Dozer 0.6 0.4 4.0 0.4 0.4
Motor Grader 0.5 0.1 2.3 0.3 0.2
Scraper 30.0 6.5 92.2 11.0 9.8
TOTAL 31.1 7.0 98.5 11.7 10.4
SDAPCD Rule 20.2
Threshold 550. 100. 100. 100. 100.
Source: USEPA Compilation of Air Pollutant Emission Factors, AP-42
(1995 rev.).
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might be noticeable from passing trucks or nearby heavy equipment,
but such transitory exposure is a brief nuisance and will not
threaten air quality standards.
Construction activities are most noticeable in the immediate
vicinity of the construction site. There is, however, some
potential for "spill-over" into the surrounding community.
Spillage may be physical such as dirt tracked onto public streets
or dropped from trucks. Spill-over may also be through congestion
effects where detours, lane closures, or construction vehicle
competition with non-project peak hour traffic slows traffic beyond
the immediate construction site to less pollution-efficient travel
speeds. Such off-site effects are controllable through good
housekeeping and proper. construction management/scheduling.
Management techniques are suggested in the mitigation discussion to
reduce potential spill-over impacts.
3.4 Lonq-Term Vehicular Emissions Impacts
The greatest air quality concern from land use intensification
usually derives from the mobile source emissions that result from
project-related transportation. The Sunbow II project traffic
study estimates that site-related traffic will total 28,708 "new"
daily vehicle trips. The average travel distance for combined
commuting, shopping and other purposes is almost 9 miles per
individual trip. Project implementation will generate an
additional 250,000 vehicle miles traveled (VMT) within the air
basin. The corresponding air pollution emissions associated with
site-related travel was calculated using the California ARB
URBEMIS5 emissions model. This model calculates average daily
emissions by combining the VMT data with average vehicular emission
factors from the EMFAC7F(l.l) California vehicular emissions
computer model. The daily mobile-source emissions for the Sunbow
II project are shown in Table 3.2.
with a likely buildout by 2010, all smog-forming emissions would be
above the 100 pound per day significance threshold. Regional air
quality impacts from project implementation related to potential
smog formation are therefore potentially significant. CO emissions
will also be above the significance threshold. steadily declining
regional background CO levels, however, allow for a considerable
local contribution before a "hot spot" is created. ci ty of San
Diego CEQA guidelines suggest that a detailed microscale air
quality study is recommended if project-related CO levels exceed
550 pounds per day and congested intersections are forecast to
occur in the project vicinity. Maintaining adequate roadway/
intersection levels of service is a condition for project approval.
Traffic mitigation will preclude any possible localized congestion-
related "hot spot" concerns.
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TABLE 3_2
SUNBOW II PROJECT-RELATED VEHICULAR EMISSIONS
(lbsjday)
Land Use ROC. CO NOx PM-IO SOx
Single Family 66.5 516.1 79.9 14.0 9.4
Multi-Family 44.7 332.7 51.5 9.0 6.0
Elem. School 2.7 24.4 4.1 0.7 0.5
Comm. Park 6.2 56.0 9.8 1.7 1.2
Comm. Recreation 1.4 12.8 2.2 0.4 0.3
Neighborhood Corom. 19.1 172.1 30.1 5.3 3.6
Light Industry 21.7 201.7 32.9 6.0 4.0
TOTAL 162.3 1315.8 210.5 37.1 25.0
signif. Threshold 100. 550. 100. 100. 100.
Exceeds (?) Yes Yes Yes No No
. = assuming 95% of total organics are reactive (ROC)
Source: URBEMIS5 Vehicular Emissions Computer Model, Year = 2010
"
While the total scope of Sunbow II is sufficient to cause
emissions-based significance thresholds to be exceeded, individual
phases will likely generate less than significant mobile source air
pollution increments. Table 3.3 shows the mobile source emissions
increment associated with Phase 1A completion assumed
conservatively to occur in the year 2000. Emission levels for all
calculated pollutants are below the established significance
threshold.
3.5 - Stationary Source Emissions
Project-related energy consumption will cause limited amounts of
combustion-related (mainly NOx) to be generated. Energy
consumption emissions for Sunbow II from electrical power plants
and from natural gas combustion in furnaces, water heaters and
other devices represent a small fraction of the total project
pollution burden. Inclusion of stationary source emissions will
increase total NOx emissions by approximately 20 percent, but will
add only 1-2 percent to all other pollutants. Addition of the
stationary source component does not change any conclusions
regarding impact significance. Because the mobile source
contribution to the total burden is so dominant, mitigation
measures that reduce trip generation and miles traveled are far
more effective than those measures aimed at energy conservation.
Secondary emissions from general development will result during
construction (aggregate and building materials manufacture, paints
and solvents, power consumption, etc.) and operations (utility
equipment, household products, cooking, etc.). These emissions are
generally too small to be quantifiable on an individual household
or an individual project basis. However, as SDAPCD emissions
control programs encompass ever smaller source categories, even
sources such as paint, mowers or insecticide sprays could
ultimately be controlled.
20
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or ABLE 3_3
- PHASE 1 MOBILE SOURCE EMISSIONS (lbsjday)
single Multi- Significance
pollutant Family Family Total Threshold
ROC 46.7 18.8 65.5 100.
NOx 37.2 14.6 51.8 100.
CO 322.0 126.0 448.0 550.
PM-10 4.5 1.8 6.3 100.
SOx 2.9 1.2 4.1 100.
Source: URBEMIS5 Vehicular Emissions Computer Model, Year = 2000.
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4.0 IMPACT MITIGATION
possible impact significance was identified for construction dust
(PM-10) and for operational vehicular and stationary source
emlSS10ns.
The city of Chula vista AQIP program does not distinguish between
severity of significance. Any emissions will incrementally impede
attainment of standards, and should therefore be mitigated to the
extent feasible within a constraint of a reasonable cost benefit.
Sunbow II is primarily a residential project with 60 percent of
trip-making from proposed single- and multi-family uses.
Residential project developers have little real opportunity to
reduce the mobile source emissions from future site occupants.
Developers can facilitate the option to select alternatives to the
single occupant vehicle, but they can do little to affect future
buyers' decision to use or not use the opportunity provided.
Discretionary action by a builder relates mainly to the
construction itself. The three areas where a residential builder/
developer can implement some potential emissions reduction are:
1. How the project is constructed, i.e., what emissions reduction
techniques are used during construction,
2. What site design features would encourage non-single occupant
vehicle transportation, and,
3. What is put into the home that would contribute positively to
reduced air pollution emissions.
The first area relates mainly to dust control procedures used by
the contractor. Land use/site planning is an important aspect of
the second area. The third area mainly entails energy saving
features.
Sunbow II does include several non-residential components that have
a somewhat greater potential for generating meaningful trip
reduction. Employment centers such as the light industry/R&D park
offer an opportunity to reduce commuting distances and to establish
effective rideshare or other trip-diversion programs. Sunbow II
includes commercial, recreation and school facilities that reduce
travel distance or offer an opportunity to walk, bicycle or
otherwise avoid using single occupant vehicles (SOV) for school,
shopping, etc. Access to the proposed trolley line along Telegraph
Canyon Road also offers a possibility to replace longer distance
commuting with a "clean" alternative.
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Those measures that are considered reasonably cost effective while
achieving a potentially meaningful reduction in project-related
emissions are shown in the attached suggested menu for air quality
improvement plans for construction and for site operations. These
measures would fulfill the requirements for the City of Chula vista
to "do its fair share" relative to air quality improvement as
stated on page 3-91 of the city's Growth Management Program.
-
4.1 Candidate Air Quality Improvement Plan - Project Construction
Clearing/Grading
a. Maintain soil moisture at a minimum of 12 percent for any cut-
and-fill areas within 100 feet of any adjacent property line to
the depth of the cut.
_--b. Water as necessary to prevent a visible dust cloud from
exceeding 100 feet in length from any disturbance area.
Disturbed Areas
a. Apply chemical stabilizer or establish vegetation on any
disturbed area to be left unattended for more than 60 days to
prevent a visible cloud from forming during high wind
conditions.
b. Water any non-stabilized disturbed areas twice per day until
vegetation is established.
Track-out Control
"'- a. Apply chemical stabilizer or pave the last 100 feet of internal
./
travel path within a construction site prior to public road
entry, or,
b. Install wheel washers adjacent to a paved apron prior to
vehicle entry on public roads.
c. Remove any visible track-out into traveled public streets
within 30 minutes of occurrence.
d. Wet wash the construction access point at the end of each
workday if any vehicle travel on unpaved surfaces has occurred.
e. Provide sufficient perimeter erosion control to prevent washout
of silty material onto public roads.
23
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Dirt Hauling
a. Cover haul trucks or maintain at least 12 inches of freeboard
to reduce blowoff during hauling.
High wind ocerations
/ a. Su?pend all soil disturbance and travel on unpaved surfaces if
/' winds exceed 25 mph.
,/
Off-Road Equipment
¡/ a. Provide a 10w-NOx tune-up (engine retard) to all off-road
/ equipment to be operating on the site, and repeat if equipment
remains on-site for more than 90 days.
4.2 Air Quality Improvement Plan - Site Operations
Energy Consumption
- Incorporate enhanced energy conservation features in excess of
the minimum requirements of Title 24 of the California Code of
Regulations.
- Install energy efficient landscaping in all development common
areas.
- utilize passive design concepts that make use of the naturally
mild climate to increase energy efficiency.
- utilize energy-efficient lighting wherever cost-effective to do
so.
- Provide a water and electrical connection that may be accessed
for optional solar-assisted water heating for domestic or pooll
spa uses.
- Provide a gas connection to fireplaces to encourage use of log
lighters or of artificial fireplace logs.
- Provide an outside natural gas connection to encourage use of
gas-fired barbecues.
24
...
- Provide outside electrical outlets to encourage use of
electrically powered yard maintenance equipment.
- Provide 220-volt electrical service to the garage for an
electrically powered vehicle charging station.
Trip/VMT Reduction
- Provide safe bicycle paths along East Palomar for access to
school, boys/girls club, park, etc.
- Provide cut-through walkways or bike paths to the school site
for tracts south of East Palomar to minimize having to exit the
tracts to use East Palomar to travel to school.
- Reserve space along Palomar street or Medical Center Drive for
possible future transit stops.
- Include adequate right-of-way for street plans to accommodate
bike paths on all major street and Class I, II and III
collector streets within Sunbow II where bike paths share
common road surface with powered vehicles.
- Encourage the provision of shower and locker facilities for all
business park uses with building sizes exceeding 12,500 square
feet (- 50 employees).
- Develop a business park transportation management agency once
business park development reaches a sufficient scope of
development to provide an adequate participant pool for
optimizing non-SOV commuting options.
- Designate a ridesharejenvironmental coordinator for Sunbow II
to disseminate information on ridesharing/mass transi t
opportunities, recycling and energy conservation for employees
and residents within the development.
- Insure the availability of more than two phone lines to each
home for in-home offices and other telecommuting needs.
4.3 City of Chula vista AQIP Guidelines
The city of Chula vista has developed guidelines for development of
an AQIP that incorporates site design features that best optimize
the potential to achieve meaningful trip reduction. Table 4.1
summarizes the design phase measures that are important at the
master plan and development plan level. Table 4.1 identifies those
planned project features that specifically address the City's AQIP
objectives.
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TABLE 4_1
DESIGN PHASE AIR POLLUTION MITIGATION CHECKLIST
-
Applicable to Incorporated
Measure: This Project Into Sunbow II Notes
street Circulation/Connectivity Yes Yes 1
Housing Near Transit Yes Yes 2
Land Use Mix/Proximity Yes Yes 3
Pedestrian & Bicycle Orientation Yes Yes 4
Transit-oriented Design Yes Maybe 5
Reduce Commercial Parking Maybe No 6
Bicycle/Transit Integration Maybe Yes 7
Energy Efficient Landscaping Yes Yes 8
Other Trip Reduction Measures Yes Yes 9
Notes:
1. Sunbow II has a trail system that connects its residents to Poggi Canyon,
Telegraph Canyon, Greg Rogers Park, parkview School and Sunbow II
commercial uses. Walkway/bike connections are recommended between cul-
de-sacs and between tracts to encourage access to parks, schools, etc.
via the shortest possible route and without having to travel on heavily
traveled roadways.
2. Sunbow II is adjacent to mass transit and is in close proximity to Chula
vista Hospital and Eastlake Industrial Park. Trolley access is
potentially available on the proposed line along Telegraph Canyon Road.
continued on Next Page.....................
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Table 4.1 (Cont'd.)
3. Sunbow II has planned its commercial and park uses to be centrally
located. The development standards around the village Center in the
Sunbow II General Development Plan state as follows:
Mixed Use Standard - Purpose and Intent:
This area allows a mix of neighborhood commercial,
professional/medical offices, residential and recreational
uses in areas generally suitable for high intensity
development.
4. Both Poggi and Telegraph Canyon Trails are separate from the parallel
street. other trails within Sunbow II are completely separate from the
street system. Reservation of adequate roadway width in all Sunbow II
major and collector streets to accommodate sidewalks and bike paths is a
recommended design measure.
5. A trolley line is proposed along Telegraph Canyon Road. Access to the
system at Paseo Landera or Medical Center Drive is recommended to allow
Sunbow I and II residents to commute via the light rail system. Although
Sunbow itself does not meet transit-oriented design standards of high
intensity development near transit nodes, it does provide for numerous
transit access opportunities.
6. Reduction of commercial parking may discourage carpooling and may create
congestion effects due to lack of space availability during peak demand
periods. site design features for the Village Center should discourage
large expanses of asphalt, but any reduction in supply relative to Code
minimums should be carefully evaluated.
7. Bike paths along internal collector streets will provide substantial
opportunity to deliver potential transit riders to buses equipped with
bicycle racks. Maintaining tract interconnection to not force riders
onto major streets before it is necessary is an important component of
meeting this objective.
8. Sunbow II has a comprehensive landscape design. Water conservation is a
specific requirement for all irrigation plans.
9. Measures to promote in-house office uses and to facilitate use of
alternative fuel vehicles (electric) are included in the recommended menu
of mitigation measures.
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