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Home My WebLink AboutAgenda Packet 2004/05/04 May 4, 2004 . úec!are under penalty of perjury that I am employed by the City of Chula Vista in the Otfice of the City Clerk and that I posted thle document on the bulletin board according to ,;~¡remanta.~ '00 P.M. Dated o'f Sign ~ P¡;:;v.;;;; CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY MARIA KACHADOORIAN, DIRECTOR OF FINANCE, OF THE EMPLOYEE OF THE MONTH, ROBERT TOMS, ACCOUNTANT · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO POLICE CHŒF, RICHARD EMERSON, PROCLAIMING MAY 5, 2004 AS PEACE OFFICERS' MEMORIAL DAY IN THE CITY OF CHULA VISTA · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DR WILMA WOOTEN, DEPUTY HEALTH OFFICER, SAN DŒGO COUNTY PUBLIC HEALTH SERVICES, PROCLAIMING THE WEEK OF MAY 9 THROUGH MAY 15, 2004 AS NATIONAL WOMEN'S HEALTH WEEK · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO EXALTED RULER, GEORGE BASYE AND YOUTH ACTIVITIES CHAIRMAN, GARRY HUMMEL, OF ELKS LODGE NO. 2011, PROCLAIMING THE WEEK OF MAY 2 THROUGH MAY 8, 2004 AS YOUTH WEEK CONSENT CALENDAR (Items I through 6) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. I. WRITTEN COMMUNICATIONS A. Letter of resignation ITom Ricardo Gibert, member of the Board of Ethics. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. CITY COUNCIL AGENDA May 4, 2004 4:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~ff?- ?-~ '~~~~ ................................ CITY OF CHUlA VISTA City Council Patty Davis John McCann Jerry R. Rindone Mary Salas Stephen C. Padilla, Mayor City Manager David D. Rowlands, Jr. City Attorney Ann Moore City Clerk Susan Bigelow ********** The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68. Agendas are available on the City's website at: www.chulavistaca.gov ********** AGENDA May 4, 2004 4:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY MARIA KACHADOORIAN, DIRECTOR OF FINANCE, OF THE EMPLOYEE OF THE MONTH, ROBERT TOMS, ACCOUNTANT . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO POLICE CHIEF, RICHARD EMERSON, PROCLAIMING MAY 5, 2004 AS PEACE OFFICERS' MEMORIAL DAY IN THE CITY OF CHULA VISTA . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DR. WILMA WOOTEN, DEPUTY HEALTH OFFICER, SAN DIEGO COUNTY PUBLIC HEALTH SERVICES, PROCLAIMING THE WEEK OF MAY 9 THROUGH MAY 15,2004 AS NATIONAL WOMEN'S HEALTH WEEK . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO EXALTED RULER, GEORGE BASYE AND YOUTH ACTIVITIES CHAIRMAN, GARRY HUMMEL, OF ELKS LODGE NO. 2011, PROCLAIMING THE WEEK OF MAY 2 THROUGH MAY 8, 2004 AS YOUTH WEEK CONSENT CALENDAR (Items I through 6) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City stafJrequests that an item be removedfor discussion. lfyou wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. l. WRITTEN COMMUNICATIONS A. Letter of resignation from Ricardo Gibert, member of the Board of Ethics. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with the Maddy Act. 2. 3. 4A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $12,000 FOR THE EVEN START FAMILY LITERACY GRANT (4/5THS VOTE REQUIRED) The Chula Vista Literacy Team recently received a one-time augmentation to the Even Start Family Literacy grant in the amount of $12,000 for Fiscal Year 2004. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) RESOLUTION, AUTHORIZING THE MAYOR TO EXECUTE THE APPLICATION AND AGREEMENT WITH THE CALPERS BOARD TO PROVIDE COVERAGE UNDER THE CALIFORNIA STATE SOCIAL SECURITY AGREEMENT OF MARCH 9,1951, EXTENDING MEDICARE-ONLY COVERAGE EFFECTIVE OCTOBER 1, 2004, TO THOSE MISCELLANEOUS EMPLOYEES WHO ELECTED COVERAGE AS A RESULT OF THE DIVISION OF A RETIREMENT SYSTEM, AND DESIGNATING THE DIRECTOR OF HUMAN RESOURCES AS THE CITY'S AUTHORIZED AGENT IN THESE MATTERS In August 2003, the Council authorized staff to take the actions needed to provide Medicare-Only coverage to those eligible employees hired prior to April 1, 1986. The subject application and agreement are the next step in the process. (Director of Human Resources) Staff recommendation: Council adopt the resolution. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO.4 FOR THE HILLTOP PARK REHABILITATION PROJECT (PR-232) IN THE AMOUNT OF $17,070 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $132,720 FROM THE CIVIC CENTER HVAC EQUIPMENT UPGRADES CAPITAL IMPROVEMENT PROJECT (GG-166) TO THE HILLTOP PARK REHABILITATION PROJECT (PR- 232) FOR UNANTICIPATED ADDITIONAL SCOPE OF WORK, STAFF TIME EXPENSES INCURRED PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT AND GEO-TECHNICAL INSPECTION SERVICES AS NECESSARY TO COMPLETE THE PROJECT Page 2 - Council Agenda May 4, 2004 According to City Council Policy No. 574-01, proposed Change Order No.4 exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works. Change Order No.4 in the amount is for additional work necessary to complete the project as well as staff time expenses incurred prior to and during construction of the project and geo-technical inspection services. (Director of General Services) Staff recommendation: Council adopt the resolutions. 5A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 04-01, THE SUMMIT AT EASTLAKE; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 04-01 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 04-01, THE SUMMIT AT EASTLAKE On January 13, 2004, the Council approved a tentative subdivision map for The Summit at EastLake. Adoption of the resolution approves the final map, its associated subdivision and supplemental subdivision improvement agreements, and a grant of easements and maintenance agreement. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE MASTER FEE SCHEDULE Several departments are recommending changes to the Master Fee Schedule to update flat fees. These departments include the Nature Center, Police, Fire, Recreation, and Planning and Building. The proposed changes include both amendments to existing fees and the implementation of new fees. (Assistant Director of Budget and Analysis) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council'sjurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff Comments are limited to three minutes. Page 3 - Council Agenda May 4, 2004 PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 7. CONSIDERATION OF APPROVAL OF THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 2004/2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AMERICAN DREAM DOWN PAYMENT (ADDI), AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZATION OF TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND INSTRUCTION TO STAFF TO INCLUDE APPROPRIATIONS TO FUND THE CONSOLIDATED ANNUAL PLAN IN THE FISCAL YEAR 2004/2005 PROPOSED BUDGET The Consolidated Annual Plan identifies a strategy for addressing the needs of the community through the use of CDBG, HOME, ADDI, and ESG funds. These needs include allocating funds for administration and planning, capital improvements, community projects, economic development, public services, affordable housing, single- family rehabilitation, and first-time homebuyer programs. The Council held a public hearing on April 6, 2004 to review and receive public comment on projects and programs being considered for CDBG, HOME, ADDI, and ESG funding. (Director of Community Development) Staff recommendation: Council continue the item to May II, 2004. 8. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE EASTLAKE III PLANNED COMMUNITY LAND USE DISTRICT REGULATIONS AND MAP TO CHANGE 19.48 ACRES FROM RS-2 TO RS-1A, WITHIN A PORTION OF THE VISTAS RESIDENTIAL 6 NEIGHBORHOOD (PCM 04-12) (APPLICANT: CORNERSTONE, GDCI CHULA VISTA, LP) Cornerstone, GDCI Chula Vista, LP, submitted an application to amend the EastLake III Planned Community District Regulations and Land Use District Map to change the land use designation within a portion of the Vistas Residential 6 neighborhood from RS-2, Residential Single Family (5,000 square foot lots) to RS-IA Residential Single Family (5,000-6,000 square foot lots). (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and place the following ordinance on first reading: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, TO CHANGE 19.48 ACRES SOUTH OF OLD JANAL ROAD AND WEST OF LAKE CREST DRIVE FROM RS-2 TO RS-IA WITHIN THE VISTAS RESIDENTIAL 6 NEIGHBORHOOD Page 4 - Council Agenda May 4,2004 ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. CONSIDERATION OF APPROVAL OF REVISIONS TO THE ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA VISTA 9. Adoption of the resolution approves revisions to the Environmental Review Procedures of the City of Chula Vista that would streamline and standardize the public review period for environmental documents, achieve greater long-term consistency with CEQA guidelines, and eliminate an inefficient use of resources. (Director of Planning and Building) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REVISIONS TO THE ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA VISTA ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 10. II. CITY MANAGER'S REPORTS MAYOR'S REPORTS . Request to direct staff to come back with a proposal to publicly recognize Billy Casper for significant achievements. 12. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M Brown Act (Government Code 54957. 7). B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) Agency negotiators: David Rowlands, Jr., Sid Morris, David Huard Property: Negotiating Parties: City of Chura Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance Page 5 - Council Agenda May 4, 2004 14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 15. Application of SDG&E for Authority to Update its Gas and Electric Revenue Requirement and Base Rates (Doc. Nos. A-02-l2-27, A-02-l2-028, and I 03-03- 016) CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . . One case ADJOURNMENT to the Regular Meeting of May 11, 2004, at 6:00 p.m. in the Council Chambers. Page 6 - Council Agenda May 4,2004 RECEIVED RICARDO GffiERT 1972 Rue Chateau Chula Vista, CA 91913 (619) 871-8822 RicardoGibert!íV I stcounsel.com '04 APR 22 P 2 :08 CITY OF CHULA VIS} t, CITY ClERK'S OFFICE April 18,2004 Honorable Steve Padilla City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Resignation from Board of Ethics Dear Mayor Padilla: This is letter is intended to formally inform you of my resignation from the Board of Ethics, effective Apri119, 2004. Thank you for the opportunity to serve my community. My over six year service on the Board of Ethics was memorable. I greatly enjoy working with my fellow board members and contributing to Chula Vista's growth and prosperity. ;2rõ 1iD\ Ricardo Gibert, JD cc: City Clerk City Attorney Chairman, Board of Ethics IA. COUNCIL AGENDA STATEMENT Item: dv Meeting Date: 05/0412004 ITEM TITLE: Resolution amending the FYO4 Library Department budget by appropriating a one-time unanticipated grant revenue in the amount of $12,000 for the Even Start Family Literacy grant. SUBMITTED BY: Assistant City Manager/Library Directo~ REVIEWED BY: City Managerj:;r- (4I5ths Vote: YES -L NO-> The Chula Vista Literacy Team recently received a one-time augmentation to the Even Start Family Literacy grant in the amount of $12,000 for the fiscal year 2004. STAFF RECOMMENDATION: That Council adopt the resolution amending the FYO4 Library Department budget by appropriating a one-time unanticipated grant revenue in the amount of $12,000 for expenditures for the Literacy Team's Even Start grant. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The California State Department of Education has advised the Chula Vista Literacy Team that the Fiscal Year 2004 Even Start Family Literacy grant has been augmented by $12,000 to cover expenses incurred for participation in a new Coaching project funded by the California Department of Education. The Chula Vista Elementary School District's Even Start Director is one of 12 directors chosen by the State to attend special trainings and provide technical assistance to new program directors. The Library partners with the Chula Vista Elementary School District, which is the primary agency providing Even Start family literacy services. The Library intends to pass $12,000 in grant augmentation funds through to the District to pay for expenses incurred by the Even Start Director for training and providing technical assistance to new Even Start Directors. FISCAL IMPACT: This is a one-time augmentation in the amount of $12,000 to the Even Start Family & Literacy grant budget for FY 04. These funds will be passed through to our partner agency, the Chula Vista Elementary School District, via their purchase order contract. All funds must be expended by June 30, 2004. 2-1 RESOLUTION NO. 2004-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY04 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $12,000 FOR THE EVEN START FAMILY LITERACY GRANT WHEREAS, the Chula Vista Literacy Team recently received a one-time augmentation to the Even Start Family Literacy grant in the amount of$12,000 for fiscal year 2004; and WHEREAS, the California State Department of Education has advised the Chula Vista Literacy Team that the Fiscal Year 2004 Even Start Family Literacy grant has been augmented by $12,000 to cover expenses incurred for participation in a new Coaching project funded by the California Department of Education; and WHEREAS, the Library intends to pass $12,000 in grant augmentation funds through to the District to pay for expenses incurred by the Even Start Director for training and providing technical assistance to new Even Start Directors. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt the resolution amending the FY04 Library Department budget by appropriating a one-time grant revenue in the amount of$12,000 for Even Start Family Literacy grant. Presented by Approved as to form by David Palmer Assistant City Manager ~ ,1--' '. Ann Moore City Attorney nAttomey\Reso\gca"ts\FYO4 Ubcacy budget fo' Eve" St.,t F,mily litmey 2-2 COUNCIL AGENDA STATEMENT ITEM~ MEETING DATE 05/04/04 ITEM TITLE: RESOLUTION authorizing the Mayorto execute the application and Agreement with the California Public Employees' Retirement System (CaIPERS) Board to provide coverage under the California State Social Security Agreement of March 9, 1951, extending Medicare-only coverage effective October 1,2004, to those Miscellaneous employees who elected coverage as a result of the Division of a Retirement System and designating the Director of Human Resources as the City's Authorized Agent in these matters. SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES fff--- GV 1\/ REVIEWED BY: CITY MANAGER Æ~ \J' (4/5th Vote: Yes- No19 In August 2003, Council authorized staff to take the actions needed to provide Medicare- Only coverage to those eligible employees hired prior to April 1, 1986. The subject Application and Agreement are the next step in the process. RECOMMENDATION: That Council adopt the resolution authorizing the Mayor to execute the Medicare-Only Application and Agreement to CalPERS for all eligible Miscellaneous employees who elected coverage and designate the Director of Human Resources as the City's Authorized Agent for all further actions required for implementation. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Employees hired prior to April 1, 1986, are currently exempt from participation in Medicare. An employee without Medicare elibility may end up paying higher health insurance premiums once they reach age 65. On August 26,2003, Resolutions # 2003-383/384/385 were approved by Council requesting that the Board of Administration of the California Public Employees' Retirement System (CaIPERS) authorize that a referendum be conducted among eligible Fire and Police Safety employees and that they authorize individual elections by eligible Miscellaneous employees, to provide Medicare-Only coverage. Medicare-Only coverage is only offered by CalPERS on an "All or None Basis" for Police and Fire Safety employees. On February 25, 2004 and February 26, 2004, referendums were held for each of these groups. Both referendums resulted in a majority of the safety employees voting NOT in favor of participating in the Medicare- Only program. Out of 32 eligible Police Safety employees, 3 voted Yes. For Fire Safety, 2 out of 28 eligible J:\SherylF\Word Documents\Medicare OnlySTATE A113.doc 3-1 Page 1 of 2 employees voted Yes. For Miscellaneous members, CalPERS offers coverage on a "Divided Basis". This allows each eligible employee on the election date to make a one time irrevocable choice as to whether or not they personally wish to participate in Medicare-Only coverage. On February 23, 2004, a Division was held for Miscellaneous employees. Out of 96 eligible employees, 19 elected Medicare-Only coverage. Referendum Ballots and Certification for all three groups were submitted to CaIPERS. The next step in the process of providing Medicare-Only coverage to those 19 Miscellaneous employees who elected to participate is the adoption of this Resolution authorizing execution of the Application and Agreement of Medicare coverage for Miscellaneous employees. Upon receipt of the adopted resolution, CalPERS will submit application for Medicare-Only coverage to the Commissioner of Social Security. Upon approval, coverage for eligible Miscellaneous employees will commence October 1, 2004. FISCAL IMPACT: The employer and the employee each pay 1.45% of the employee's gross wages for Medicare-Only coverage. The projected annual cost to the City for the 19 Miscellaneous employees electing coverage is $16,700. Attachment: Application and Agreement 3-2 J:lEdithaQlEdithalAGENDA ST A TEMENTIA 1 13\Medicare OniyST ATE A 113.doc Page 2 012 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CALPERS RESOLUTION AND AUTHORIZING THE MAYOR TO EXECUTE THE APPLICATION AND AGREEMENT WITH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) BOARD TO PROVIDE COVERAGE UNDER THE CALIFORNIA STATE SOCIAL SECURITY AGREEMENT OF MARCH 9, 1951, EXTENDING MEDICARE-ONLY COVERAGE EFFECTIVE OCTOBER 1, 2004, TO THOSE MISCELLANEOUS EMPLOYEES WHO ELECTED COVERAGE AS A RESULT OF THE DIVISION OF A RETIREMENT SYSTEM AND DESIGNATING THE DIRECTOR OF HUMAN RESOURCES AS THE CITY'S AUTHORIZED AGENT IN THESE MATTERS WHEREAS, in August 2003, Council authorized staff to take the actions needed to provide Medicare-Only coverage to those eligible employees hired prior to April 1, 1986; and WHEREAS, the subject application and Agreement are the next step in the process; and WHEREAS, a pre-April 1, 1986, employee who has not participated in Medicare and is not otherwise eligible for Medicare, either through his or her spouse or Social Security retirement benefits earned from another employer (at least 40 credits-or about 10 years), will pay significantly more for health insurance when they reach age 65 than he or she would have they participated in Medicare; and WHEREAS, for Miscellaneous Members, coverage may be offered on the "All or None Basis" described above or on a "Divided Basis", which allows each eligible employee on the election date to make a one time irrevocable choice as to whether or not he or she personally wishes to participate in Medicare-Only coverage. Because each person's circumstances are different, it is recommended that the "Divided Basis" option be used for the Miscellaneous employees; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista adopt the CalPERS resolution and authorize the Mayor to execute the application and Agreement with the California Public Employees' Retirement System (CaIPERS) Board to provide coverage under the California State Social Security Agreement of March 9, 1951, extending Medicare-Only coverage effective October 1, 2004, to those Miscellaneous employees who elected coverage as a result of the Division of a Retirement System and designating the Director of Human Resources as the City's Authorized Agent in these matters. . Presented by: Approved as to form by: "1\'0 "Õ'{.S\ .\'<\ 'c1\,~ \.~ '\" ( Ann Moore City Attorney Marcia Raskin Director of Human Resources 3-3 RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE APPLICATION AND AGREEMENT WITH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) BOARD TO PROVIDE COVERAGE UNDER THE CALIFORNIA STATE SOCIAL SECURITY AGREEMENT OF MARCH' 9, 1951, EXTENDING MEDICARE-ONLY COVERAGE EFFECTIVE OCTOBER 1, 2004, TO THOSE MISCELLANEOUS EMPLOYEES WHO ELECTED COVERAGE AS A RESULT OF DIVISION OF A RETIREMENT SYSTEM AND DESIGNATING THE DIRECTOR OF HUMAN RESOURCES AS THE CITY'S AUTHORIZED AGENT IN THESE MATTERS. WHEREAS, a division of the Califomia Public Employees' Retirement System with respect to eligible employees of the City of Chula Vista, hereinafter referred to as "Public Agency", who are members of and in positions covered by said retirement system, has been conducted in accordance with Federal and State laws and State regulations for the purposes of coverage under the insurance system established by the Federal Social Security Act and a deemed retirement system, hereinafter referred to as Group B of the Califomia Public Employees' Retirement System, has been established thereby as provided in Section 218(d)(6) of the Federal Social Security Act, composed of positions of members of such retirement system who desire coverage under the Health Insurance system established by the Federal Social Security Act; and WHEREAS, the Public Agency desires to file an application with the State and to enter into an agreement with the State to extend coverage under the said insurance system on behalf of the Public Agency to services performed by individuals as employees of the Public Agency as members of a coverage group, as defined in Section 218(d)(4) of the Federal Social Security Act, of the said Group B of the Califomia Public Employees' Retirement System; and WHEREAS, official form "Application and Agreement, PERS-MED-32D" containing the terms and conditions under which the State will effect such inclusion has been examined by this body; :3 -If PERS-MED-33D Resolution (Division) NOW, THEREFORE, BE IT RESOLVED, that said Application and Agreement on . said official form be executed on behalf of the Publ¡c Agency and submitted to the State to provide coverage under the California State Social Security Agreement of March 9, 1951, of all services performed by individuals as employees of the Public Agency as members of a coverage group (as defined in Section 218(d)(4) of the Social Security Act) of said Group B of the California Public Employees' Retirement System, except the following: 1. All services excluded from coverage under the agreement by Section 218 of the Social Security Act; and 2. Services excluded by option of the Applicant as indicated in Resolution No. 2003-385 adopted at a meeting of the City Council the 26th day of August, 2003: None Effective date of coverage of services under said agreement to be October 1, 2004; and BE IT FURTHER RESOLVED, that Stephen Padilla, Mayor, 276 Fourth Avenue, Chula Vista, CA 91910, is hereby authorized and directed to execute said Application and Agreement on behalf of and as Authorized Agent of the Public Agent of the Public Agency and to forward same to the State for acceptance and further action; and BE IT FURTHER RESOLVED, that authority hereafter to act as Authorized Agent, and so to conduct all negotiations, conclude all arrangements, submit all reports, and sign all agreements and instruments which may be necessary to carry out the letter and intent of the aforesaid application and agreement, in conformity with all applicable Federal and State laws, rules and regulations, is vested in the position of Director of Human Resourcès. City of Chula Vista Presiding Officer 3-5 PERS-MED-33D 2 Resolution (Division) CERTIFICATION I, Susan BiGelow, City Clerk of the City of Chula Vistá. State of California, do hereby certify the foregoing to be a full, true, and correct copy of Resolution No. adopted by the City Council of the City of Chula Vista at the regular meeting held on the 4th day of May 2004, as the same appears of record in my office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City of Chula Vista, at my office this day of May, 2004. (Signature) City Clerk, City of Chula Vista 3-& ""'"<' .."',.., .".",.. c_--'.."-- II""..'_'M\ THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~~c~~\ ~< ArID. Moore City Attorney Dated: f\v',\ '2."':), z...oa+- Agreement with Californía Public Employees Retirement System (CaIPERS) to provide coverage Under the California State Social Security Agreement of March 9,1951, extending Medicare-Only Coverage effective October 1, 2004 3-7 APPLICATION AND AGREEMENT For the purposes of this application and agreement, any reference made herein to any State or Federal statute or statutes, or regulations, or part thereof, applies to all amendments thereto now or hereafter made. For the purposes of this application and agreement, "Federal System" means Old-Age, Survivors, and Disability and Health Insurance system established by the Federal Social Security Act, "Federal agency" means the Commissioner of Social Security, or successor in function to such officer, "Board" means the Board of Administration of the Califomia Public Employees' Retirement System, acting on behalf of the State of Califomia. The. City of Chula Vista, a public agency as defined in Section 22009 of the Government Code* hereinafter called Applicant, hereby makes application to the Board to execute a modification to the California State Social Security Agreement extending thereunder the "Medicare Only" coverage in conformity with Section 218(n) of the Social Security Act; to all services performed by individuals as employees of the Applicant in a coverage group (as defined in Section 218(d)(4) of the Social Security Act*) of Group B, Califomia Public Employees' Retirement System, a deemed retirement system established by division of a retirement system pursuant to Section 218(d)(6) of the Social Security Act, composed of positions of members desiring coverage under said insurance system, except the following: =3 -"2' 1. Those services mandatorily excluded from said agreement by Section 218 of the Social Security Act." 2. The following services excluded by option of the Applicant pursuant to Resolution No. 2003-385 adopted on August 26, 2003: None" "See Attachment In order to carry into effect the common governmental duties under such statutes and in consideration of the mutual promises hereinafter made, the Applicant and the Board agree as follows: I. The Board will execute a modification to the California State Social Security Agreement to extend thereunder the "Medicare Only" coverage the services of employees of Applicant as hereinbefore applied for. 2. Applicant will comply promptly and completely, throughout the term of this application and agreement, with the letter and intent of all statutes of the State of California, and Section 218 of the Federal Social Security Act, and applicable Federal and State regulations adopted pursuant thereto. 3. Applicant will pay as the State regulation may prescribe, amounts equivalent to the sum of taxes (employer-employee contributions) which would be imposed under the Federal Insurance Contributions Act if the services of employees covered by the application and agreement constituted employment as defined in such Act. Applicant shall keep or cause to be kept accurate records of all remuneration for such services, said records to be maintained as required by Federal or State regulations, and said records shall be available for inspection or audit by the Board or its designated representative. ~-c¡ 4. Applicant will prepare and submit such wage and other reports as may be required. 5. Applicant will pay and reimburse the State at such times as may be . determined by the State: (a) Any sums of money that the State may be obligated to payor forfeit to the Federal Government by reason of any failure of the Applicant, for any cause or reason, to pay the contributions, penalties, or interest required by the agreement between the Federal agency and the State at such time or in such amounts as required by the said agreement and any State or Federal regulations adopted pursuant thereto. (b) In such amounts as may be determined by the State, its proportionate share of any and all costs incurred by the State in the administration of the Federal System as it affects the Applicant and its employees. (c) In such amounts as may be determined by the State, the cost of any and all work and services relating to any division for the purposes of coverage under the Federal System held with respect to the coverage group for which coverage is requested herein. (d) In such amounts as may be determined by the State, the costs of any audits of the books and records of the Applicant made by the State or its designated representatives pursuant to Section 22559 of the Government Code. 6. The coverage herein provided for shall be effective October 1, 2004. a-to 7. That, subject to the aforesaid provisions and applicable law, this application and agreement may be amended by the mutual consent of the parties in writing. 8. After the filing of this application and agreement, its acceptance and execution by the State shall constitute it a binding agreement between the Applicant and the State of California with respect to the matters herein .set forth. City of Chula Vista Signed by Authorized Agent And by (Witness) (Title) (Date) ACCEPTED: STATE OF CALIFORNIA BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY Manager, Public Agency Contract Services Actuarial and Employer Services Division 3-11 ATTACHMENT Section 22009, Govemment Code: "Public Agency" means the State, any city, county, city and county, district, municipal or public corporation or any instrumentality thereof, or boards and committees established under Chapter 10 of Division 6 of the Agricultural Code, Chapter 754 of Statutes of 1933, as amended, or Chapter 307 of the Statutes of 1935, as amended, the employees of which constitute one or more coverage groups or retirement system coverage groups. . Section 218(d)(4): For the purposes of subsection (c) of this section, the following employees shall be deemed to be a separate coverage group: (A) (B) (C) all employees in positions which were covered by the same retirement system on the date the agreement was made applicable to such system (other than employees to whose services the agreement already applied on such date); all employees in positions which became covered by such system. at any time after such date; and all employees in positions which were covered by such system at any time before such date and to whose services the insurance system established by this title has not been extended before such date because the positions were covered by such retirement system - including employees to whose services the agreement was not applicable on such date because such services were excluded pursuant to subsection (c)(3)(B). The following services are mandatorily excluded: (a) (b) (c) (d) service performed in a policeman's or fireman's position, covered by a retirement system at the time coverage is extended to the Public Agency; service performed by an individual who is employed to relieve him from unemployment; service performed in a hospital, home, or other institution by a patient or .inmate thereof; covered transportation service (as defined in Section 210(k) of the Social Security Act, as amended); . :J~/2. (e) (f) (g) service (other than agricultural labor or service performed by a student) which is excluded from employment by any provision of Section 210(a) of the Social Security Act, other than paragraph 7 of such section, or service the remuneration for which is excluded from wages by paragraph (2) of Section 209(h); service performed by an individual as an employee on a temporary basis in case of fire, storm, snow, earthquake, or similar emergency; services performed by election officials or election workers for each calendar year in which the remuneration paid for such service is less than the threshold amount mandated by law. (The threshold amount as of January 1, 2002 was $1,200.) 3-/3 COUNCIL AGENDA STATEMENT 4 Item Meeting Date: Mav 4.2004 ITEM TITLE: Resolution 2004- approving Change Order No.4 for the Hilltop Park Rehabilitation project (PR-232) in the amount of $17,070.00 and Authorizing the Director of Public Works Operations to execute said Change Order on behalf of the City. Resolution 2004- approving a budget transfer in the amount of $132,720 from the Civic Center HV AC Equipment Upgrades Project (GG- 166) to the Hilltop Park Rehabilitation project (PR-232) for unanticipated additional scope of work, staff time expenses incurred prior to and during construction of the project and geotechnical inspection services as necessary to complete the project. Director of General servicesf. Director of Public Works Operations @ REVIEWED BY: City Managerbt Qrv (4/5ths Vote: YeslLNo--> On April 16, 2003, the City Council approved Resolution No. 2203-264 awarding a contract in the amount of $231,064 to Star Paving, Inc., for the Hilltop Park Rehabilitation project (PR-232). The Director of Public Works Operations approved Change Orders No.1, 2 and 3 in accordance with City Council Policy No. 574-01. According to that policy, proposed Change Order No.4 exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works Operations. Change Order No.4 in the amount of $17,070.00 is for unanticipated additional scope of work necessary to complete the project in accordance with City Standards. Furthermore additional funds will also be necessary to cover staff time expenses incurred prior to and during construction of the project and geotechnical inspection services. SUBMITTED BY: RECOMMENDATION: That Council approve Change Order No.4 for the Hilltop Park Rehabilitation project (PR- 232) in the amount of $17,070 for unanticipated additional scope of work and authorizing the Director of Public Works Operations to execute said Change Order on behalf of the City and approve a budget transfer from the Civic Center HV AC Equipment Upgrades Project (GG-166) to the Hilltop Park Rehabilitation project (PR-232) in the amount of $132,720 for unanticipated additional scope of work, staff time expenses incurred prior to and during construction of the proj ect and geotechnical inspection services as necessary to complete the project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. 'i -/ J:IGeneral ServiceslGS AdrninistrationlCouncil AgendaIPR232IPR232 Final Rev Al13 042804.doc Page 2, Item ~ Meeting Date Mav 4, 2004 DISCUSSION: During Fiscal Year 1993-1994, portions of Hilltop Park were renovated, including, the children's playground, comfort station and portions of the sidewalk, landscaping and irrigation. Additional work is still required at this park, primarily to meet ADA compliance. These improvements are to make most of the park facilities ADA accessible from First Avenue and the parking lot on Hilltop Drive. On April 16, 2003, the City Council approved Resolution No. 2203-264 awarding a contract in the amount of $231,064 to Star Paving, Inc., for the Hilltop Park Rehabilitation project (PR-232) for such improvements. The project has incurred additional costs due primarily to the following reasons: 1. The plans and specifications prepared, required additional enhancements with regards to bridge abutments, ADA compliance, storm-water runoff and storm-water protection. The General Services Department has already taken steps to insure that all of the City's infrastructure projects, including renovations to existing parks, are planned, designed and constructed with all necessary engineering effort and attention to detail. 2. The unforeseen storms in February of this year caused damage to newly constructed sidewalk and fences. Both of which now have to be re-constructed. The items in Change Order No.4 include the repairs necessary to reconstruct the damaged sidewalk and fences. The budget transfer from the Civic Center HV AC Equipment Upgrades Project (GG-166) to the Hilltop Park Rehabilitation project (PR-232) will provide sufficient funds to cover the cost of Change Order No.4, staff time expenses incurred prior to and during construction, and geotechnical inspection services necessary to complete the project. FISCAL IMPACT: Proposed Change Order No.4 will increase the contract amount to Star Paving, Inc., from $231,064 to $262,938.40 (including previously approved change orders 1 through 3). The budget transfer will provide sufficient funds in the Hilltop Park Rehabilitation project (PR-232) to cover the cost of proposed Change Order No.4, staff time expenses incurred prior to and during construction, and geotechnical inspection services as necessary to complete the project. Upon completion ofthe project, only routine maintenance will be required. Attachment: Change Order No.4 'f-2.. J:IGeneral ServiceslGS AdministrationlCouncii AgendaIPR232IPR232 Final Rev Al13 042804.doc CHANGE ORDER NO.4 CONTRACT: April 7, 2004 0735-10.PR-232 HILLTOP PARK REHABILITATION IN THE CITY OF CHULA VISTA, CA .STAR PAVING, INC. CONTRACTOR: The following changes shall be made to the above referenced contract between the CITY OF CHULA VISTA and STAR PAVING, INC. (Contractor): The City of Chula Vista requested additional work to be performed by the contractor for the protection of the newly installed improvements at Hilltop Park. This work includes repairs that were needed after the recent storm events that damaged the new chain link fence at the west end of the project. Fence Panels: Furnish and install 80' If of 5'x10' chain link panel fence Retaining Wall: Furnish and install 155' If of 24"x6" retaining wall Drain Box: Furnish and install new 24" Brooks Box to existing drain line Rip Rap: Furnish and install 35 tons of Y. ton rip rap Curb Outlet Furnish and install one per (SDRSD D-25) Curb Outlet Additional Flatwork: Furnish and install sidewalk w/o design "Lump Sum .Lump Sum "Lump Sum "$60/PerTon "Lump Sum "Lump Sum Total Change Order Cost "The adjustment of contract time for this change order will be 10 DAYS. " $2,000.00 "$9,120.00 .$750.00 "$2,100.00 $600.00 $2,500.00 $17,070.00 ORIGINAL CONTRACT PRICE: PREVIOUS NET CHANGE ORDERS: CHANGE ORDER # 4 Net Increase to Contract REVISED TOTAL CONTRACT PRICE: "$ 231,064.00 $ 14804.40 $ 17,070.00 $ 262,938.40 The agreed upon lump sum prices include all costs for furnishing all tools, labor, materials, equipment, incidental costs, profit and fees for performing the work in this contract change and no additional compensation will be due. It is agreed by the undersigned that this work shall be performed and materials furnished in accordance with the origi[1al contract, Green Book specifications, newly provided plans and specifications, and applicable standard drawings. ORDERED BY William A. Ullrich Assist. Director PWOPS "ACCEPTED BY Javier Jimenez Star Paving, Inc J:\EngineerlINSPECT\Aa-inspectorsIDannylChangeOrder 114 PR-232.dac Lf-3 "APPROVED BY Dave Byers Director of PWOPS RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO 4 FOR THE HILLTOP PARK REHABILITATION PROJECT (PR-232) IN THE AMOUNT OF $17,070.00 AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY WHEREAS, on April 16, 2003, the City Council approved Resolution No. 2003-264 awarding a contract in the amount of $231,064 to Star Paving, Inc., for the Hilltop Park Rehabilitation project (PR-232); and WHEREAS, the Director of Public Works approved Change Orders No.1, 2, and 3 in accordance with City Council Policy No. 574-01; and WHEREAS, proposed Change Order No.4, exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works; and WHEREAS, Change Order No.4 in the amount of $17,070.00 is for unanticipated additional scope of work necessary to complete the project in accordance with City standards. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Change Order No.4 for the Hilltop Park Rehabilitation project (PR- 232) in the amount of $17,070.00 for unanticipated additional scope of work and authorizing the Director of Public Works Operations to execute said Change Order on behalf of the City Presented by Approved as to form by Dave Byers Director of Public Works Operations /181/ j}æ~ Ann Moore City Attorney J:\attomeylreso\tinance\ change orders HíI1top Park If-If RESOLUTION NO. 2004-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $132,720 FROM THE CIVIC CENTER HVAC EQUIPMENT UPGRADES CAPITAL IMPROVEMENT PROJECT (GGI66) TO THE HILLTOP PARK REHABILITATION PROJECT (PR-232) FOR UNANTICIPATED ADDITIONAL SCOPE OF WORK, STAFF TIME EXPENSES INCURRED PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT AND GEOTECHNICAL INSPECTION SERVICES AS NECESSARY TO COMPLETE THE PROJECT. WHEREAS, on April 16, 2003, the City Council approved Resolution No. 2003-264 awarding a contract in the amount of $231,064 to Star Paving, Inc., for the Hilltop Park Rehabilitation project (PR-232); and WHEREAS, the Director of Public Works approved Change Orders No. I, 2, and 3 in accordance with City Council Policy No. 574-01; and WHEREAS, proposed Change Order No.4, exceeds the cumulative contract change order aggregate amount allowable to be approved by the Director of Public Works; and WHEREAS, Change Order No.4 in the amount of $17,070.00 is for unanticipated additional scope of work necessary to complete the project in accordance with City standards; and WHEREAS, the budget transfer from the Civic Center HV AC Equipment Upgrades POIject (GG-166) to the Hilltop Park Rehabilitation project (PR-232) will provide sufficient funds to cover the cost of Change Order No.4, staff time incurred prior to and during construction, and geotechnical inspection services necessary to complete the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby approve a budget transfer of $132,720 from the Civic Center HVAC Equipment Upgrades Capital Improvement Project (GG-166) to the Hilltop Park Rehabilitation project (PR- 232) for unanticipated additional scope of work, staff time expenses incurred prior to and during construction of project and geotechnical inspection services as necessary to complete the project. Presented by Approved as to form by Jack Griffin Director of General Services httomeylResoltinancelBudget transfer GG166 to PR232 /fâ1f ~~¡dt/.ç() Ann Moore City Attorney if -5 COUNCIL AGENDA STATEMENT Item~ Meeting Date 5/4/04 ITEM TITLE: Resolution approving the Final Map of Chula Vista Tract No. 04-01, The Summit at EastLake; approving the associated Subdivision Improvement Agreement for the completion of the improvements; and approving a Supplemental Subdivision Improvement Agreement for Chula Vista Tract 04-01. Resolution approving the Grant of Easements and Maintenance Agreement for Chula Vista Tract 04-01, The Summit at East/ake. SUBMITTED BY: Director of General Services 1 City Engineer k REVIEWED BY: City Managej;~ tV ÙÎJ (4/5ths Vote: Yes- No~ On January 13, 2004 Council approved a Tentative Subdivision Map for The Summit at EastLake. Staff proposes that Council now consider approval of the Final Map, and its associated Subdivision and Supplemental Subdivision Improvement Agreements, and a Grant of Easements & Maintenance Agreement that will allow the project to proceed. RECOMMENDATION: That City Council adopt the Resolutions. BOARDS AND COMMISSIONS: NIA DISCUSSION: Chula Vista Tract No. 04-0, The Summit at EastLake is a 54.4-acre project generally located north of Olympic Parkway and east of Eastlake Parkway within the area commonly known as EastLake Land Swap Residential. The project consists of 30 residential lots (with a maximum of 600 planned condominium units), and 9 lots for private common facilities and streets (see Attachment I). The Tentative Map was approved January 13, 2004 (Resolution No. 2004-021). Final Map: The Final Map has been reviewed by the City Engineer and found to be in substantial conformance with the approved Tentative Map. The developers, the EastLake Company LLC, Cornerstone Summit at Eastlake L.P., and KB Home Coastal Inc., have already paid all applicable fees. Council approval of the Final Map will constitute: Acceptance by the City of the public sewer easements. Acknowledgment of the Irrevocable Offer of Dedication of Fee Interest for open space and other public purposes within the subdivision granted on the map. 5-/ Page 2, Item- Meeting Date 5/4/04 Associated Agreements: In addition to Final Map approval, staff recommends that Council approve the following agreements associated with the project: 1. Subdivision Improvement Agreement: Requires the Developer to complete the improvements required by said Subdivision. Security bonds have been provided, guaranteeing the completion of all improvements and monumentation required by the Municipal Code. 2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled conditions of the Tentative Map approved by Resolution No. 2004-021. These conditions will remain in effect until completed by the developer and/or their successors(s) in interest. 3. Grant of Easements & Maintenance Agreement: Establishes certain specific obligations and responsibilities for the maintenance of certain improvements located along the public parkways - Olympic Parkway and Eastlake Parkway - by the developer and/or their successor(s) in interest, as required by the Tentative Map conditions of approval. The above agreements have been reviewed by staff, and approved as to form by the City Attorney. FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees and other costs associated with the proposed Final Map and agreements. Attachments: Attachment I: Plat ofChula Vista Tract 04-01, The Summit at EastLake Attachment 2: Developer's Disclosure Statement Exhibit A: Subdivision Improvement Agreement Exhibit B: Supplemental Subdivision Improvement Agreement Exhibit C: Grant of Easements & Maintenance Agreement LDT File No. ELIOIF . J:\Engineer\LANDDEV\ProjectsILand Swaplresidential- FMlAI13 CVT 04-01 FM and SSIa.cb.doc 4/22/20044:39:54 PM 5-2- /1 rTAé.ff M&r:JT ~ ~ ~ ~. ~- ~ 5~3 / ~~ It ~ [Ò ~ ~ ~ ~ ~ 02/20/2004 13:33 FAX 6194211830 EASTLAKE COMPANY ~002l003 A++I'lc..Ar"\"'~+ z ~I'?-- :;;-11 " Planning & Building Department Planning Division I Development Processing 01Y OF Q-IUlA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01. prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City. a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the nameS of all persons having a financial interest in the property that is the subject of the application or the contract, e.g.. owner, applicant, contractor, subcontractor. material supplier. (15 J../u!'.¡(.. Coc,~¡"'1 .Ii1c 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) ent;¡Y. -V It- If any person" identîfied pursuant to (1) above Is a non-profit organization or trust. list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or truster of u,e trust. ¡J(ft 3. Please identify every person. including any agents. employees. consultants, or independent contractors you have assigned to represent you before the City in this matter. >vðhf- ¿,'II,'L,,~( lLt.-v,i¡I c..,V'hA - - 'J:y;/-I'v/""t., 1/..."", j.!",} Has any person. associated with this contract had any financial dealings \"I~ official"" of the City of Chula Vis1a as it relates to this contract w~hin the past 12 months. Yes- NoÃ- 4. 5. If Yes. briefly describe the nature of the financial interest the official" may have in this contract 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No - Yes X-If yes. which Council member? ~ny '\::IC¡\fi:, ~ 1"'~~') bo\lß. -lÇ'ec \ 276 Fourth Avenue Q(-"~ 5-'f Chula Vista I Camorn;. ~'" 1 U (0'"1 o",-SlUl 02120/2004 13: 33 FAX 6194211830 EASTLAIŒ COMPANY ~ 003/003 ~ , rt.- --- .... Planning & Building Department Planning Division I Development Processing 0lY OF CHUIA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Cnula Vi"'" in the past twelve (12) months? (This includes being a source of Income, money to retire a legal debt. gilt. loan, etc.) Yes- ND.....2\..... If Yes, which Dfficial" and what was the nature Df item provided? Date: ~/~/~<..¡ ¡¿;., U1 t:£- Signature of Contractor/Applicant ¡(e""1 H- C"'r1-.1 type name of Contractor/Applicant Print Dr Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate. trust, receiver, syndicate, any other county, c~y, municipality, district, Dr Dther political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employae, or staff members. 5'-5 27& Fourth AVenl'e Chula Vista California 91 ~ 10 (b19) &91-5101 ~\f? -~- ~ cnv OF CHUIA VISTA A""T7"rGHH"~ í 2. Planning & Building Department Planning Division I Development Processing APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other officiai bodies of the City, a statement of disclosure of certain ownership or financial Interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner. applicant, contractor, subcontractor, material supplier. 1k E"",H...b.. L"",,~~. .t../!.. ~(""í'x><'o.-J~II "-'_tt c.o,;..l"""j 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. j,t. 'ßOL",,¡qJ I 3. If any person" identified pursuant to (1) above is a non-profit organization or trust, iist the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. ~v ""f"",. Sí;-to w.. 'POi,I' V'\{./(;h"""" 5. -go II 6Þ,ÙtW\ Cp"r lr<.No Co/(} l",,;,h Has any person" associated with this contract had any financial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes- No.-L If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No x:. Yes _If yes, which Council member? 276 Fourth Avenue 5-& Chula Vista I California 91910 (619) 691-5101 ~\I?- -~- ~ Planning & Building Department Planning Division I Development Processing CIlY OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, ioan, etc.) Yes- No-Ï- If Yes, which officiai" and what was the nature of item provided? Date: ç (,I'I/My J-,.:>" 'd--Cù!1 ~ M/lt/~ - Signature of Contractor/Applicant 'b'-II MC /(16.~ type name of Contractor/Applicant Print or Person is defined as: any individual, firm. co-partnership, joint venture, association, social club, fraternai organization, corporation. estate, trust, receiver, syndicate, any other county, city, municipality, district, or other politicai subdivision, -or any other group or combination acting as a unit. Officiai inciudes, but is not iimited to: Mayor. Council member, Pianning Commissioner, Member of a board, commission, or committee of the City, empioyee, or staff members. 276 Fourth Avenue 5-7 Chuia Vista I California 91910 (619) 691-5101 ~If~ -.- ~ cnv OF CHUlA VISTA ¡:}-- .,....,... A Co ¡t+ r;e.~ ï 2. Planning & Building Department Planning Division I Development Processing APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments. or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. LIst the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 5kYYlmìJ-A..+ t:Zt.sfl4..K-t! l..,r'o / 2. If any person' Identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. i--lrt. I<.- K 'f"{: -to \¡V i ~ z, /!\,¡'h;,p),I. S"bl5lAnY1 3. If any person' identified pursuant to (1) above is a non-profit organization or trust. list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. SM-H- Ro/flon ~ 4. Piease identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 5. .JMK R.ob~ ðYl 7:!;:;b î£t:::'/fJr? Has any person' associated with this contract had any financial dealings with gp...official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes- No~ ú~t Kv"fol>J,'c z. .a"",'<: 5+e.....cl::. If Yes, briefly describe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of)JWre than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No j¿'Yes - If yes, which Council member? 5-l!' 276 Fourth Avenue Chula Vista (619) 691-5101 California 91910 ~If? -11- em OF CHUIA VISTA Planning & Building Department Planning Division I Development Processing APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided m than $340 (or an item of equivalent value) to an official"" of the City of Chula Vista in the past twelve (12) nths? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes_No If Yes, which official"" and what was the nature of item provided? Date: ,~ ~.c;-(A rintor , V"n type name of Contractor/Applicant Com~y~ronl'CO>1lmu"¡,fi""L.1..C.6..",ytLl ?,u-+"'<"r Person is defined as: any individual, firm, co-partnership, joint venture, associatidn, social club, fratemal organization, corporation, estate, trust, receiver, syndicate, any other county, city. municipality. district, or other political subdivision, -or any other group or combination acting as a unit. Officiai Includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 276 Fourth Avenue 6-1 Chula Vista I California 91910 (619) 691-5101 RESOLUTION NO. 2004-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 04-01, THE SUMMIT AT EASTLAKE; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 04-01 WHEREAS, the developers, the EastLake Company LLC, Cornerstone Summit at Eastlake LP., and KB Home Coastal Inc., have submitted a final map for The Summit at Eastlake; and WHEREAS, the developers have executed a Subdivision Improvement Agreement to install public facilities associated with the project; and WHEREAS, the developers have executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 2004-021. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 04-01, The Summit at Eastlake, and more particularly described as follows: Being a subdivision of Lots A and B of Map No. 14591, filed in the Office of the County Recorder of San Diego County on May 16, 2003, together with parcels 1,2, and 3 of Parcel Map No. 19439 filed in the Office of the County Recorder of San Diego County on March 4,2004: Area: 54.382 Acres No. of Lots: 39 Condominium Units: 600 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of/and shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the sewer easement as shown on The Summit at Eastlake map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots 1, 2, and 3 for open space and other public purposes all as shown on The Summit at Eastlake map within said subdivision. BE IT FURTHER RESOLVED the City Council of the City ofChula Vista does hereby approve certain Subdivision Improvement Agreement dated May 4, 2004 for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk. BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 04-01, The Summit at Eastlake, a copy of which shall be kept on file in the office of the City Clerk. r::; -10 Resolution 2004-- Page 2 BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged, and that the easement as granted on The Summit at Eastlake map within said subdivision is accepted on behalf of the City of Chula Vista as hereinabove state. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Jack Griffin Director of General Services ~~C<J~ AnñM City Attorney jolEngineerlLANDDEVlProjectslLand Swaplresidential- FMIReso Summitdoc 6-11 THE A TT ACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL if~Xr~- City Attorney Dated: 4/27/04 SIAFOR THE COMPLETION OF THE IMPROVEMENTS FOR THE SUMMIT AT EASTLAKE, CVT NO. 04-01 5-/2- Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OFCHULA 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. EL-IOIF Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this - day of , 2004, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THE EASTLAKE COMPANY, L.L.C., a California Limited Liability Company, 900 Lane Avenue, Suite 100, Chula Vista, Ca, 91910, CORNERSTONE SUMMIT AT EASTLAKE L.P., a California Limited Parternship, 4365 Executive Drive, Suite 600, San Diego, Ca 92121, KB HOME COASTAL, INC., a California Corporation, 12235 E1 Camino Real, Suite 100, San Diego, CA 92130, (hereinafter collectively referred to as "Subdivider") with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as THE SUMMIT AT EASTLAKE (CVT 04-01) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and -1- 5-/3 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 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. 2004-021, approved on the 13th day of January, 2004 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as set forth on Exhibit "A" hereto and on me 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 as set forth on Exhibit "A" hereto and incorporated herein. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: I. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefore all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof 2. 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 -2- 5-/1 set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum as set forth on Exhibit "A" hereto which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "B" 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 as set forth on Exhibit "A" to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked as Exhibit "B" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum set forth on Exhibit "A" to secure the installation of monuments, which security is attached hereto, marked Exhibit "B" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for 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. 10. It is also expressly agreed and understood by the parties hereto that in no case will -3- 6-/5 the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of 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. -4- 5-/b 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 ofthe Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion detennines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a fonn approved by the City Attorney. [NEXT PAGE IS PAGE ONE OF FOUR SIGNATURE PAGES] -5- 5-/7 PAGE ONE OF FOUR SIGNATURE PAGES SUBDNISION IMPROVEMENT AGREEMENT THE SUMMIT AT EASTLAKE (CVT 04-01) 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 Mayor Stephen C. Padilla ATTEST Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney [NEXT PAGE IS PAGE TWO OF FOUR SIGNATURE PAGES] -6- 5-/'6 PAGE TWO OF FOUR SIGNATURE PAGES SUBDIVISION IMPROVEMENT AGREEMENT THE SUMMIT AT EASTLAKE (CVT 04-01) DEVELOPER/OWNER: EASTLAKE COMPANY, LLC 900 LANE AVE, SUITE 100 CHULA VISTA, CA 91914 Br~ Title:~ ~ ¥~ (Attach Notary Acknowledgment) [NEXT PAGE IS PAGE THREE OF FOUR SIGNATURE PAGES] -7- 5~/C¡ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California JdM /1;tY On ~ ~:,;tooV. before me, iA ) .LlL ,; "Y' !. County of personally appeared SILVANA C. BRAZELL - @ Commission" 1339922 z ~, Notary Pubiic - California ~ I San Diego County I My Comn. E¡cpIru Fee 12, 2006 - - - - - - - - - - -- } 55. '¡~~:..~J.f!;~.:l:.~ ¡ubt-,¿. Ò¿ftA4.-..J , _"'lmSl'1 ersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person¡a( whose nameM islijRf' subscribed to the within instrument and acknowledged to me that helehellhe1-executed the same in hislherltheir authorized capacity(ieSÍ, and that by hislheflttTeir slgnatur~ on the instrument the perso~ or the entity upon behalf of which the perso~ acted, executed the instrument. WITNESS my hand and official seal. A.dvt1M.a) C. fh~ s;,"..~" ",.~ """" OPTIONAL Though the info,meUon below is not ,equired by lew, it may prove valuable to persons relying on the dœument and coold prevent ~audulent removal and reattachment of this form to anathe'document. Description of Attached Document 1itleorType of Document: .JubJ¡1~ ~~+ ~/'J'1dM"i Document Date: ~~ J(L .Ju~+ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ,. ~ ( Signer's Name: Top of thvmb he" 0 Individual 0 Corporate Officer - Tttle(s): 0 Partner - 0 Limited 0 General 0 Attorney-In-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ;J:;;-~'-'--~-' ."99""oo""_A"""',""3500."""A"..'.O.""2""'Cho._.CA"3t~2""'_,""""""",,.on¡ '"","0.590' R~"."C"T"'F..t-900-B79-9927 6~20 PAGE THREE OF FOUR SIGNATURE PAGES SUBDIVISION IMPROVEMENT AGREEMENT THE SUMMIT AT EASTLAKE (CVT 04-01) DEVELOPER/OWNER: CORNERSTONE SUMMIT AT EASTLAKE loP. 4365 EXECUTIVE DRIVE, SUITE 600 SAN DIEGO, CA 92121 By: Cornerstone Communities LLC, a California limited liability company Its G era1 er (Attach Notary Acknowledgment) [NEXT PAGE IS PAGE FOUR OF FOUR SIGNATURE PAGES] -8- 5-21 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of .califor~ia } County of $/IN b/if.j 0 ss. On fllll;f¿~ )5; 2ð U~ before me",=:To fWAJ/l f 4:s M! 1J;J!¡1 t D'" U1vJE'~ UJ'E'm'7é,"dOTItI~~f~/ffi;eC'I"~'J"'D".NO""'P'bii'"J personally appeared 1\.. /\.' /\I'U - 1.#. - ~ N,m'I') of 5ig""') §:'personally known to me 0 proved to me on the basis of satisfactory evidence ---------~ JO ANNA ELLISON Commissiontl1341020 Notary Public - California ~ . San Diego County f My Co<rm. Expires Fe¡ 22, 2006 - - - - - - - -- to be the personýQ whose name.M is/~ subscribed to the within instrument and acknowledged to me that helslorelt!:ley executed the same in his/.Þär/t1J!(¡: authorized capacity(i9s.), and that by histRl¡r/l1>leir signature~on the instrument the person~, or the entity upon behalf of which the personW acted, executed the instrument. P'", Not.", 5.., Ab", WITNE ~d OffiC~ 5ig","" of No"", P,bli, OPTIONAL Though the information below is not required by law. it mey prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D5'CU~rr.t ' '. ~ -+- &. Title or Type of Document: L iÆ DI VIS/vn -LyAJrE"RlÐl//' ~PJ~;;¡T Document Date: m;9;('cA ,;(5. ;(tIO~ Number of Pages: . " Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual ;¡g.. Corporate Officer - Titte(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: M/l/?T9o/E~ '-./ Top of 'hemb he'. Signer Is Representing: <>1997 N,'",' No'"" """,i"'" . 9350 D, 50'0 M'.. P.O. eo< 2402' Ch'~~rth, CA 91313-2402 P",d, No. 5907 R.'"d" C,II roll-F", "'00-576-"27 5-22. PAGE FOUR OF FOUR SIGNATURE PAGES SUBDIVISION IMPROVEMENT AGREEMENT THE SUMMIT AT EASTLAKE (CVT 04-01) DEVELOPER/OWNER: KB HOME COASTAL, INC. ~L ':l>(TZfEfr7f¿ 6~ 'P ~ (Attach Notary Acknowledgment) -9- 6-23 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of Califomia County of ~l)~o On Nax{\r. (1.~ ,Ja1I_beforeme, k:Ullt'fl Ll'ctf1ton ~I¿, Dolo "_"'_"-"..,,"""""'.No.~ personally appeared 1) my D...h Va V1 flu if;; , -,) 0< SlgM") J;¡¡ personally known to me 0 proved to me on the basis of satisfactory evidence } ss. ~fj- - - =="1 - NaIaIY P\dC . CcI8CMfIIa i~ - - ~~~C:;:~øÁ to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL . Though <he.informali..-below is .not.",qu;",Q.b y.ia w,.¡t.ma y-pmve..va/uabialopersCIfJS ",iying.Dfl.ltla-<locumaat..and .could.ptBYÐOI__- f",uduianl ",move/and ",anachmonl of ltIis form 10 anolher documan/. -.-..--.. - __m.. Description of Attached Document TItle or Type of Document -- - Number of Pages: Document Date: Signer(s) Other Than Named Above: .r---" Capacity(ies) Claimed by Signer ..~ Signer's Name: ToO of "'"mb he.. 0 Individual 0 Corporate Officer - TItle(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Othe~ ---, ,...---.., .------ Signer Is Representing: 0'999 N"... -~......""'. S35O 0, ...,Aw.. P.O. Bo. ,... . eM""""". "'91"""'" '_.M""""'~."" P"",. No."'" A~_CdT"F_'_"""'" G -2-'+ EXHIBIT "A" TO SUBDIVISION IMPROVEMENT AGREEMENT FOR THE SUMMIT AT EASTLAKE (CVT 04-01) ESTIMATED PUBLIC COST OF IMPROVEMENTS IMPROVEMENTS F AIT1IFUL PERFORMANCE LABOR AND MATERIALS DRAWING NOS. Backbone Improvements $639,800.00 $639,800.00 $639,800.00 03133-01 thru 03133-17 Monumentation $15,600.00 Monumentation Bond Per private Land Surveyor's Estimate Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement -10- 5-2.S EXHIBIT "B" TO SUBDIVISION IMPROVEMENT AGREEMENT FOR THE SUMMIT AT EASTLAKE (CVT 04-01) SECURITY BONDS J:\EngineerILANDDEV\ProjectslLand Swaplresidential - FMlSIA Summitdoc -11- Ç5-U THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORJv1 BY THE CITY ATTORNEY'S OFFICE AND WILL BE FOR.MALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL 6~p:£ûJ~ Ann Moore City Attorney Dated: 4/27/04 SSIA FOR COMPLETION OF THE IMPROVEMENTS FOR THE SUMMIT AT EASTLAKE, CVT NO. 04-01 .. "'" 6-27 RECORDING REQUEST BY: City Clerk ) ) ) ) ) ) ) ) ) ) WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use EL-101F SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF THE SUMMIT AT EASTLAKE, CHULA VISTA TRACT NO. 04-01 (Conditions 1,2,4,5,7, 10, 11, 19,20,23,33,35,36,37,43,44,46,47,48,56,57,59,60,61,62, 63,64,65,66,67,68,69, and 70 of Resolution No. 2004-021) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2004, by and between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the signators of this Agreement, EASTLAKE COMPANY LLC, a California Limited Liability Corporation, CORNERSTONE SUMMIT AT EASTLAKE L.P., a California Limited Partnership, and KB HOME COASTAL, INC., a California Corporation (collectively hereinafter referred to as "Developèr" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is within the approved Tentative Subdivision Map for Chula Vista Tract 1 S-2'3 04-01, Eastlake Summit. For purposes of this Agreement the term "Project" shall also mean "Property". ~ ~~ ~ B. "Owner" or "Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's, successors-in-interest and assigns of any property within the boundaries of the Property, and signatories, other than City, to this Agreement. C. On April 8, 2003, the City Council approved the final map ("CVT 03-04 Final Map") and the Supplemental Subdivision Improvement Agreement for Chula Vista Tract 03-04 ("CVT 03-04 SSIA"), pursuant to Resolutions Nos. 2003-141 and 2003-142 respectively. CVT 03-04 Final Map was recorded as Map No. 14591 in the Office of the County Recorder of San Diego County on May 16, 2003. CVT 03-04 SSIA was recorded as Document No. 2003-0575681 in the Office of the County Recorder of San Diego County on May 16, 2003. D. Developer or Developer's predecessor in interest has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 04-01 ("Tentative Subdivision Map" or "Tentative Map") for the resubdivision of Lots 2, 3, 4, A, and B of Map No. 14591 into 39 parcels conforming to the approved site plan. Lot 1 of said Map No. 14591 is currently being developed as a 1 50-unit apartment complex and is not a part of the Project. E. The City has adopted Resolution No. 2004-021 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. F. Property. Developer has requested the City's approval of a final subdivision map for the G. 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. H. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. For purposes of this Agreement, "Final Map" means the final map for The Summit at Eastlake. 2 5-2'1 b. "Complete Construction" shall mean that construction of the improvements háv¡fbeen completed and have been inspected and accepted by the City. c. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. d. "PFFP" means the Land Swap Supplemental Public Facilities Financing Plan" adopted by Resolution No. 19275 on March 24,1998, and as maybe further amended from time to time. e. "Parks Master Plan" means the City-wide Parks Master Plan, subject to future City Council approval. f. "Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by the Final Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, but not limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. g. "Resource Agencies" means the U.S. Army Corps of Engineers, California Department of Fish and Game, and the United States Fish and Wildlife Services, unless otherwise stated. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Replaces and Supercedes CVT 03-4 SSIA. City and Eastlake Company LLC, signatories to CVT03-04 SSIA, hereby agree that this Agreement replaces and supercedes CVT 03-04 SSIA only as they pertain to the Final Map Area of the Project. All other terms and provisions of CVT 03-04 SSIA shall remain in full force and effect as to Lot 1 of Map No. 14591. 2. Agreement Applicable to Subsequent Owners. 3. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. 3 5-30 b; Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants runIÚng with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreemènt, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) ftom Developer's obligation under this Agreement: . i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; 4 6-3/ ii. The conveyance of a lot to a Homeowner's Association; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released ftom the encumbrance hereof. 3. Condition No, 1 - (General Preliminary). In satisfaction of Condition 1 of the Resolution, Developer hereby agrees, to comply with all of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the property 4. Condition No.2 - (General Preliminary). In satisfaction of Condition 2 of the Resolution, Developer hereby agrees to comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Map, of 1) amended EastLake IT General Development Plan (GDP) approved by City Council by Resolution No 2002"64 on July 23,2002; 2) EastLake IT Sectional Planning Area (SPA) Plan approved by City Council Resolution No 2202-151 on May 7,2002; 3) EastLake Greens Neighborhood Plan, Design Guidelines Supplement for "Land Swap" area of EastLake Greens, and EastLake Greens and "Land Swap Supplemental Public Facilities Financing Plan all adopted by Resolution 19275 on March 24, 1998; 4) Final Subsequent Environmental Impact Report (EIR) for the EastLake Trails/Greens Replanning Program (FSEIR 97-04) and associated Mitigation Monitoring and Reporting Program certified on November 24, 1998; 5) Addendum to FSEIR 97-04 for the EastLake Land Swap Residential Project (IS-03-009); 6) amended EastLake Comprehensive Affordable Housing Program adopted by City Council Resolution 2001- 220 on July 17, 2001; and 7) the amended EastLake IT Planned Community District Regulations and Land Use Map approved by City Council Ordinance 2863 on August 6, 2002; 8) Chula Vista Tract Map 03-04 by City Council Resolution 2003-141on April 8, 2003; and 9) DRC 03-81 approved by the Design Review Committee on November 17, 2003. The Developer shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and 5 5-32 implementation procedures as the City may required to comply with the above regulatory documents. 5. Condition No.4 - (General Preliminary). In satisfaction of Condition 4 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, including issuance of building permits; deny, or further condition the subsequent approvals that are derived from the approvals herein granted; and institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. 6. Condition No.5 - (General Preliminary). In satisfaction of Condition 5 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including Attorney's fees, arising from challenges to the Environmental Impact Report for the Project (FSEIR 97-04) and the addendum thereto, and any or all entitlements and approvals issued by the City in connection with the Project. 7. Condition No.7 - (Multi-family Housing). In satisfaction of Condition 7 of the Resolution, Developer hereby agrees that subsequent development of a multiple-family lot, which does not require the filing of a subsequent final map, shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer and Director of Planning & Building. 8. Condition No. 10 - (EnvironmentaIlPreservation). In satisfaction of Condition 10 of the Resolution, Developer hereby agrees to implement, to the satisfaction of the Director of Planning & Building, all applicable mitigation measures identified in FSEIR 97- 04, the associated CEQA Findings of Fact and Mitigation Monitoring and Reporting Program and the addendum thereto in accordance with the requirements, provisions and schedules contained therein, and as further specified in these Tentative Map conditions. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning & Building should changes in circumstances warrant such a revision. 9. Condition No. 11 - (EnvironmentallPreservation). In satisfaction of Condition 11 of the Resolution, Developer hereby agrees to implement, or cause the implementation 6 5-33 of all mitigation measures pertaining to the Project identified in FSEIR 97-04, the associátedCEQA Findings of Fact and Mitigation Monitoring and Reporting Program. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning & Building. Mitigation Measures shall be monitored via the Mitigation Monitoring and Reporting Programs approved in conjunction with FSEIR 97-04. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning & Building should changes in the circumstances warrant such revision. 10. Condition No. 19- (ADA Standards). In satisfaction of Condition 19 of the Resolution, Developer hereby agrees to construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the City Engineer. In the event the Federal Government adopts new ADA standards for street rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. 11. Condition No. 20 - (Trails). In satisfaction of Condition 20 of the Resolution, Developer hereby agrees to the following: a. Trails Construction. Developer hereby agrees to locate, align, design and construct to the satisfaction of the Director of Planning and Building and Director of Public WOrKS the trail facilities ("Trails") set forth below: Facility #1: Construction of a 5-foot wide pedestrian trail from north of Olympic Parkway to Eastlake Parkway, to the satisfaction of the Director of Planning & Building. The final alignment shall be contained within a public easement as approved by the Director of Planning & Building. Developer shall complete construction no later than the issuance of the 300th cumulative building permit for the Project or at a later date as approved by the Director of Planning & Building in hislher sole discretion. Facility #2: Construct, in conjunction with the construction of Facility 1, three 6-foot wide trail connections to the pedestrian trail (Facility "1") in compliance with DRC 03-81 to the satisfaction of 7 G -34- the Director of Planning & Building. Facilitv#3: Construction of a 6-foot wide trail connection from Facility #1 to Sunsetview neighborhood Park P-3 and contained within a public easement to the satisfaction of the Director of Planning & Building. Developer shall complete construction no later than the issuance of the 300th building permit for the Project, or at a later date as approved by the Director of Planning & Building at hislher sole discretion. (Engineering, Planning & Building) b. Security. Concurrent with the execution of this Agreement, Developer shall provide the City with a bond ("Security Bond") in order to guarantee the afore mentioned Trails Construction obligations in the amounts more fully set forth in Exhibit "C". The Security Bond shall be issued by a surety with a Bests A- V rating or better and shall be in a form approved by the City Attorney. Developer understands and agrees that the City shall not issue any grant of approval for development of the Property, if the Security Bond has not been delivered or approved as sufficient by the City. In addition, Developer may request that another form of equivalent security, such as a letter of credit or cash, acceptable to the City in its sole discretion, be substituted for the Security Bonds described herein. Developer acknowledges and agrees that such substitution is in the sole discretion of the City Engineer. c. It is also expressly agreed and understood by the parties hereto that in no case will the City, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore. 12. Condition No. 23 - (Detention Facilities). In partial satisfaction of Condition 23 of the Resolution, Developer hereby agrees to provide for the future maintenance of any permanent detention basin facilities for the Project through the establishment of a Master Homeowners Association, or other funding mechanism as approved by the City. 13. Condition No. 33 - (NPDES). In satisfaction of Condition 33 of the Resolution, Developer hereby agrees to not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring ofNPDES facilities. This agreement to not protest shall not be deemed a waiver of 8 5-35 the right to challenge the amount of any assessment, which may be imposed due to the addition of these ÎiD.piovements and shall not interfère with the right of any person to vote in a secret ballot election. 14. Condition No. 35 - (NPDES). In satisfaction of Condition 35 of the Resolution, Developer hereby agrees to comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. Further, the Developer agrees to file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Developer also agrees to comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Developer agrees to design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. 15. Condition No. 36 - (Water Quality). In satisfaction of Condition 36 of the Resolution, Developer hereby agrees to comply with all of the applicable provisions of the Storm Water Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code), the Development and Redevelopment Project Storm Water Management Standard Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula Vista Standard Urban Storm Water Mitigation Plan to the satisfaction of the City Engineer. 16. Condition No. 37 - (BMPs). In satisfaction of Condition No. 37 of the Resolution, the Developer hereby agrees to the following: a. Construction of Treatment Control BMP Facilities. Developer hereby agrees to construct Treatment Control BMP facilities for the Project as specified in Exhibit "B" of this Agreement ("BMP Facilities"), in strict conformity and in accordance with plans and specifications approved by the City Engineer. Developer shall complete the construction of the BMP Facilities to the satisfaction of the City Engineer not later that one (1) year after the City's approval of any grading and/or construction plans proposing 9 5-3b the construction of said BMP Facilities. It is expressly understood and agreed to by the Developer that, in the performance of the construction of said BMP Facilities, Developer shall conform to and abide by all the provisions of the ordinances, standards, and policies of the City of Chura Vista, the laws of the state of California and federal law as applicable to said work as all may be modified from time to time. Developer further agrees that the requirements set forth in this condition shall be in addition to Developer's obligation to construct and maintain effective post-construction BMP's as set forth elsewhere in this Agreement. b. Maintenance ofBMP Facilities. Developer, hereby agrees to the following: i. ü. Developer shall, at its sole expense, prepare and obtain the approval of the City Engineer of an Operation and Maintenance Plan ("O&M Plan") concurrent with the approval of the grading and/or construction plans proposing the construction of the BMP Facilitites. Further, not later than thirty (30) days after the completion of construction of the BMP Facilities, Developer agrees to commence inspection and maintenance of the BMP Facilities in accordance with the approved O&M Plan or enter into a contract with an entity acceptable to the City Engineer to do so ("Maintenance Entity"). The Maintenance Entity shall provide a written report ("Inspection/Maintenance Report") that certifies that the inspection and maintenance under the O&M Plan has been performed and that the BMP Facilities continues to meet the original design standards. Any deficiencies in the performance of the BMP Facilities and the corresponding corrective action shall also be noted in the report. A copy of the Inspection/Maintenance Report shall be provided to the City Engineer or designee within one week of performing each inspection and monitoring operation. Developer hereby grants permission to the City, its authorized agents and employees, to enter upon the Project and to inspect the BMP Facilities whenever the City deems necessary to review reported deficiencies and/or to respond to citizen complaints. The City shall provide the Developer copies of the inspection findings and, if necessary, a directive in writing requiring Developer to proceed with any necessary repairs ("BMP Repairs") within fourteen (14) days from receiving said notice to proceed. Any such BMP Repairs shall be completed to the satisfaction of the City Engineer 10 5~37 ill. not later than thirty (30) days after commencement of such ("Repair Completion Time"). In addition, Developer acknowledges and agrees that the City Engineer may, at hislher sole discretion, extend the Repair Completion Time for a reasonable time not to exceed thirty (30) additional days, if Developer provides evidence satisfactory to the City Engineer demonstrating that Developer is diligently pursuing such BMP Repairs. Developer understands and agrees that, in the event of Developer's default in the performance of its obligations herein, Developer shall be subject to all the provisions of the ordinances, standards, and policies of the City of Chu1a Vista (including Section 14.20.310 of the Municipal Code), the laws of the state of California, and federal law as applicable to said work as all may be amended from time to time. c. Indemnity. Developer further understands and agrees 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 Developer, its agents or employees, or indemnitee, related to the Developer's obligations described herein. Developer 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 Developer, its agents or employees, or indemnitee, related to the Developer's obligations described herein. Such indemnification and agreement to hold harmless shall extend to damages to adjacènt or downstream properties or the taking of property ftom owners of such adjacent or downstream properties as a result of Developer's maintenance activities as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the Developer's obligations described herein. The approval of plans for the Developer's obligations described herein and any related improvements 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 Developer's obligations described herein and any related improvements. 17. Condition No. 43 - (Withhold Building Permits and Hold Harmless). In satisfaction of Condition 43 of the Resolution, Developer hereby understands and agrees as follows: 11 6-32 a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: i. Regional development threshold limits set by the City, have been reached or in order to have the Project comply with the Growth Management Program as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City's Director of Planning & Building and the City Engineer. b. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act; provided the City promptly notifies the Developer of any claim, action or proceeding, and on the further condition that the City fully cooperates in the defense. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the final map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, 12 c. 5 -31 d. 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 Chura Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chura Vista that they have violated the conditions of grant. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. This agreement not to protest shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to the addition of these new facilities and shall not interfere with the right of any person to vote in a secret ballot election. Indemnity, and hold harmless the City, its elected and appointed officers and employees, from and against all fines,' costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Developer, any agent or employee, subcontractors, or others. The Developer's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. e. f. g. h. 18. Condition No. 44 - (previous Agreements). In satisfaction of Condition 44 of the Resolution, Developer hereby agrees to comply with all previous agreements as they pertain to the Final Map area. 19. Condition No. 46 - (Air Quality Improvement Plan, AQIP). In satisfaction of Condition 46 of the Resolution, Developer hereby agrees to implement the final AQIP measures as approved by the City Council, and as may be amended from time to time, 13 5_LfO and to comply and remain in compliance with the Air Quality Improvement Plan (AQIP). 20. Condition No. 47 - (Air Quality Improvement Plan, AQIP). In satisfaction of Condition 47 of the Resolution, Developer hereby acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Developer agrees to modify the AQIP to incorporate those new measures, which are in effect at the time, prior to or concurrent with each final map approval within the Project. The new measures shall apply, as applicable, to development within all future final map areas, but shall not be retroactive to those areas, which receive Final map approval prior to effect of the subject new measures. 21. Condition No. 48 - (Water Conservation Plan, WCP). In satisfaction of Condition 48 of the Resolution, Developer hereby acknowledges that the City Council may, from time-to-tirne, modify water conservation measures related to new development as various technologies and/or programs change or become available. The Developer agrees to modify the WCP to incorporate those new measures, which are in effect at the time, prior to or concurrent with each final map approval within the Project. The new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas, which received final map approval prior to effect of the subject measures. 22, Condition No. 56 - (Digital Submittal). In satisfaction of Condition 56 of the Resolution, Developer hereby agrees to, prior to approval of each grading, improvement and landscaping plan, submit copies of the respective grading, improvement, and landscape plans in digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital files shall combine all sheets into a single CADD drawing for each set of plans, in DXF, DWG or Arc View (GIS) format. The digital file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3W' disks CDs, or as an e-mail attachment or as otherwise approved by the City Engineer. 23. Condition No. 57 - (Vertical Control Benchmark). In partial satisfaction of Condition 57 of the Resolution with respect to the installation of one horizontal and one vertical control monuments ("Monuments"), Developer hereby agrees to install said Monuments to the satisfaction of the City Engineer and in strict conformity and in accordance with the provisions of the ordinances, standards and policies of the City of Chura Vista, the laws of the State of California, and federal law as applicable to said work. In addition, Developer hereby acknowledges and agrees that the City shall not 14 5-41 release any monumentation bond (s) securing the installation of surveying monuments, as reqúÏred by the Municipal Code, until the installation of said Monuments has been completed to the satisfaction of the City Engineer. 24. Condition No, 59 and 60 - (Fire Access). In satisfaction of Conditions 59 and 60 of the Resolution, Developer hereby agrees prior to issuance of a building permit, or delivery of combustible materials on any construction site, whichever occurs first, to provide, at a minimum, for adequate water supply, vehicular access and temporary street signs. Said access shall consist of minimum of first layer of hard surface with a minimum standard width of 20 feet with temporary roads allowed on a case-by-case basis. All vehicular access must be approved by the City Engineer. 25. Condition No. 61 (Municipal Code). In satisfaction of Condition 61 of the Resolution, Developer hereby agrees to Comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Master 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. 26. Condition No. 62 (Undergrounding of Utilities). In satisfaction of Condition 62 of the Resolution, Developer hereby agrees to Underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the Director of Engineering. 27. Condition No. 63 - (Clean Water Act). In satisfaction of Condition 63 of the Resolution, Developer hereby agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer further agrees to be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 28. Condition No. 64 - (Fees). In satisfaction of Condition 64 of the Resolution, Developer hereby agrees to pay all required fees in the amount in effect at the time such fees are due, including the following fees, in accordance with the City Code and Council Policy: . The Transportation and Public Facilities Development Impact Fees. Traffic Signal Participation Fees. . All applicable sewer fees, including but not limited to sewer connection fees. 15 6 --if 1- Interim SR-125 development impact fee Poggi Canyon Gravity Sewer Basin DIP 29. Condition No. 65 - (Growth Management). In satisfaction of Condition 65 of the Resolution, Developer hereby agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). 30. Condition No. 66 - (Public Facilities). In satisfaction of Condition 66 of the Resolution, Developer hereby agrees to install public facilities in accordance with the Land Swap Supplemental Public Facilities Financing Plan as may be amended from time to time, or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 31. Condition No. 67 - (phasing Plan). In satisfaction of Condition 67 of the Resolution, Developer hereby agrees that if multiple development phases are proposed for any lots within the Project, Developer shall submit and obtain approval for a development phasing plan by the Department of Engineering and Director of Planning & Building prior to the fIrSt Design Review approval for said lot. The phasing plan shall include: . A site plan showing the lot lines ànd lot numbers, the phase lines and phase numbers and number of dwelling units in each sub-phase, and A table showing the sub-phase number, the lots included in the phase and the number of units included in each phase. Improvements, facilities and dedications to be provided with each phase shall be determined by the City Engineer and Director of Planning & Building. The City reserves the right to require improvements, facilities and/or dedications. as necessary to provide adequate circulation and to meet the requirements of Police and Fire Departments. The City Engineer and Director of Planning & Building may, at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revision(s). 32. Condition No, 68 - (Home Owners Association). In satisfaction of Condition 68 of the Resolution, Developer hereby agrees to establish an HOA,. or any other financing 16 5-Lf3 mec:hanism acceptable to the City for the Project. 33. Condition No. 69 - (Home Owners Association). In satisfaction of Condition 69 of the Resolution, Developer hereby agrees within 90 days of approval of the Final Map, Developer hereby agrees to submit to the City a draft copy of the HOA or other financing mechanism acceptable to the City for review by the Director of Planning &Building, Director of Parks and Building Construction and City Engineer. Developer shall also provide to the City satisfactory evidence demonstrating a budget sufficient to provide all required maintenance. The approved financing mechanism shall establish the responsibilities for common areas identified in Maintenance Responsibility Map to be approved prior to Master Final Map. The financing mechanism shall include the following: a. Provisions ensuring the maintenance of all private common facilities located within the project including, but not be limited to: walls, fences, community theme walls, water fountains, lighting structures, paths, trails, access roads, drainage structures, water treatment facilities, landscaping, trees, streets, parking lots, driveways, and private sewage systems. Common facilities are to be identified or labeled in an exhibit in the CC&Rs. Maintenance shall also be provided for any detention facilities for the Project. Provisions, which clearly indicate the responsibility of the HOA to water and maintain irrigation and planting within the public parkways and adjacent slope areas along Eastlake Parkway south oflot 1 to Olympic Parkway. Provisions, which clearly indicate the responsibility of the HOA to water and maintain irrigation and planting within all areas within the project frontage along Olympic Parkway between the back of trail and top of slope including areas identified on the Final Map as Lots 1 , 2, and 3. Language naming the City of Chula Vista as a party to the CC&Rs, with the authority, but not the obligation, to enforce the terms and conditions of the CC&Rs in the same manner as any owner within the HOA. Should the City act to enforce the terms and conditions of the CC&Rs, all costs associated with such action shall be paid for by the HOA. Before any revisions to provisions of the CC&Rs that may particularly affect the City can become effective, said revisions shall be subject to the approval of the City. The HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages or property owners within the HOA unless otherwise approved by the Director of Planning & Building. The HOA shall indemnify and hold the City harmless from any claims, demands, 17 b. c. d. e. f. ÇJ-l/'f g. causes of action liability or loss related to or arising from the maintenance - activities of the HOA. The HOA shall not seek to be released by the City ftom the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the HOA. The HOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured. The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insured's. Language assuring HOA membership in an advance notice service such as the USA Dig Alert Service in perpetuity. h. i. 34. Condition No. 70 - (Master Home Owners Association). In satisfaction of Condition 70 of the Resolution, Developer hereby agrees future property owners shall be notified during escrow by a document to be initialized by the owners of the maintenance responsibility of the HOA and their estimated annual cost. 35. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Conditions 1, 2, 4,5,7, 10, 11, 19,20,23,33, 35, 36, 37, 43, 44, 46, 47, 48, 56, 57, 59, 60, 61, 62, 63, 64, 65,66,67,68,69, and 70 of the Resolution. 36. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 37. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to Developer's successor in interest if the City Manager in hislher sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in hislher sole discretion may, if such an assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 38. Recording. This Agreement, or an abstract hereof shall be recorded 18 5-i.f5" simultaneously with the recordation of the Final Map. 39, Building Permits. Developer and Guest Builders acknowledge and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 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. 40, CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: City Engineer DEVELOPER: Eastlake Company, LLC 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attn: Guy Asaro, Vice President Tel.: (619) 421-0127 Cornerstone Summit at Eastlake LP. 4365 Executive Drive, Suite 600 San Diego, CA 92121 Attn: Ure R. Kretowicz Tel.: (858) 458-9700 KB Home Coastal, Inc. 12235 El Camino Real, Suite 100 San Diego, CA 92130 19 5-Lfb Attn: Tel.: (858) 209-2022 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevai1ing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF FOUR SIGNATURE PAGES] 20 6-'-(-7 [PAGE ONE OF FOUR SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION -- IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF THE SUMMIT AT EASTLAKE, CHULA VISTA TRACT NO. TRACT 04-01] 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 Mayor Stephen C. Padilla Attest: Susan Bigelow City Clerk Approved as to form: Ann Moore City Attorney [NEXT PAGE IS PAGE TWO OF FOUR SIGNATURE PAGES] 21 5-Lj9 [PAGE TWO OF FOUR SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF THE SUMMIT AT EASTLAKE, CHULA VISTA TRACT NO. TRACT 04-01] DEVELOPER/OWNER: EASTLAKE COMPANY, LLC 900 LANE AVE, SUITE 100 CHULA VISTA, CA 91914 B~M~ ~ , Titl~~"1~ (Attach Notary Acknowledgment) [NEXT PAGE IS PAGE THREE OF FOUR SIGNATURE PAGES] 22 6-49 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California }ss. j~~ On 1tJwL '?:..b¡ ~ðIJY b~oreme, ~øJ~TIU~jJl':J'f!0/"'2!/~tu6kc; personally appeared lAIc. ~ 7: () 0 i-/It7~ , N~'I')~""""') ~nallY known to me 0 proved to me on the basis of satisfactory evidence County of SILVANA C. BRAZELL @ Commission' 1339922 z ~ .,,; Notary Public, California ~ Z San DlaQo County ! i- ~ - ~:""":':,,,,~.:~12.::.~ to be the persor>láf whose narnefS) is/",.".. subscribed to the within instrument and acknowledged to me that hel6Rel!hey executed the same in hislh~ authorized capacity¡ieaj, and that by his/herlttmir signatur~on the instrument the personw-, or the entity upon behalf of which the persqp¡s-) acted, executed the instrument. WITNESS my hand and official seal. X/;då1MA' C. ttzMft£ . "0".""""N"", "",. V OPTIONAL Though the inlonnation below is not required by law. it may prove valuable to persons rel¡ring on the document and cmJld prevent freudulent removal and reattachment of this Ionn to another tfocument. I I, I I: I, Description of Attached Document Titie or Type of Document tL ~h~~ ltÆh//AlUfM T~Á7Ir"~ Document Date: ~ . EQ/IfLA.fe ~ Number of Pages: Signer(s) Other Than Named Above: ~ I Capacity(ies) Claimed by Signer Signer's Name: TOp of thumb he" 0 Individual 0 Corporate Officer - ìitle(s): 0 Partner-D Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer is Representing: 0 1999N"'MI_""""""'""3500._.w" ?O. "'2402'Ch,'_.C.91">2402'-,""-"'~ ?""'.No.5'" R~"",C.IIT"'F~I"""'_27 5-50 [PAGE THREE OF FOUR SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF THE SUMMIT AT EASTLAKE, CHULA VISTA TRACT NO. TRACT 04-01] DEVELOPER/OWNER: CORNERSTONE SUMMIT AT EASTLAKE LP. 4365 EXECUTIVE DRIVE, SUITE 600 SAN DIEGO, CA 92121 By: Cornerstone Communities LLC, a California limited liability company I" Gonorn1 p~ By: ( Ure R~wicz, Manager (Attach Notary Acknowledgment) [NEXT PAGE IS PAGE FOUR OF FOUR SIGNATURE PAGES] 23 5-5/ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California } County of -..5Ì9/!/ b/.:f!J 0 ss. On /?J;?/lJ; O(f2Jt1!r6efore me, ..;;¡'-;;>9/)/A/19 ¿ßStw/ y:t!{rJ:{ perSOnallyap;::red ¿¡ifF ;(. /<,j(i-~;:;}~';'DO,.Nota"P"b¡;'Î N,m'I') of 51'0"1') ..J1i:1 personally known to me 0 proved to me on the basis of satisfactory evidence JO ANNA ELLISON Commission # 1341020 z Notary Public - California ~ San Diego County f My Com"n. Expires Fat> 22, 2006 --------- to be the person~ whose nameprJ is/¡¡1té subscribed to the within instrument and acknowledged to me that he/~/tÞey executed the same i.n his/þgr/tb«\r authorized capaclty~), and that by hislÞér/~r signature~on the instrument the person(s¡, or the entity upon behalf of which the perso~ acted, executed the instrument. P'", Nota" 5.., Abo" OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removel and reettachment of this form to another document. Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: 0 Individual J1i!. CorporateOfficer-Title(s): M..-9ß-t/~ 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: . Top of thomb he,. Signer Is Representing: "'997 N,tio",' Nota""""""oo' 9350 De Solo A".. P.O. So< 2402' Ch,,"worth, CA 91313-2402 Pood. No. 5907 Reo,dec C", To"',.. 1-800.876.6827 (5 -52-- [pAGE FQlJR OF FOUR SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF THE SUMMIT AT EASTLAKE, CHULA VISTA TRACT NO. TRACT 04-01] DEVELOPER/OWNER: KB HOME COASTAL, INC. B~~ . ~~JW (Attach Notary Acknowledgment) 24 6-53 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California Countyof &.Y\De'J' On Wctúc.\11 ~ 2crA_beforerne, !A11an L. r!Cl.Y/lvn N~~II~. personallyappeare:'" Vf'bo1'&\...Y\ ~ HLI~r"""""""""".""'JIoo_._~. , .....,,01 Si,M,'¡ 4 personally known to me 0 proved to me on the basis of satisfactory evidence }ss. 61 LAUREN L CAN1ON Commlsllon # 14392" Notary Public" CalRomJa San DIego Coun1y - MyComm. Expil"es Sep 14. 200 to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislher/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL -- . _. Though4he.;nfo""en"".be;ow-is-net.requiRItUy-iaw,-it-may-pmve.veluabJe. to persenuelyioll-""-the.docurnaot.and.ceuld.pre.veot fraudulent remove; and reattachment of this Ie"" to anothei c/eCument. ---.---.. --------.- Description of Attached Document Title or Type of Dòcument: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer ------- Signer's Name: Top oIlhumb he.. D Individual 0 Corporate Officer - Title(s): D Partner - 0 Lim~ed D General D Attorney-in-Fact 0 Trustee D Guardian or Conservator D Other: ---- ,- Signer Is Representing: C,,"N-.' No""_.,,,'9350005o<o"'..'.0.'" ,... ,"'--"" CA"""""'_.'-_,"" """. No. 5907 """~" C", T""'_'-800-""'" 5~91 Exhibit A Exhibit B Exhibit C List of Exhibits SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE SUMMIT AT EASTLAKE Legal Description Eastlake Summit Treatment Control BMP Facilities Trail's Construction Security Bond 25 5.56" SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE SUMMIT AT EASTLAKE SUMMIT Exhibit "A" Legal Description of Property Lots 1 through 39 ofChu1a Vista Tract No. 04-01, The Summit at Eastlake in the City ofChula Vista, County of San Diego, State of California, according to Map thereof No. , filed in the Office of the County Recorder of San Diego County on ,2004, as File No. of Official Records. 26 5-5b SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE SUMMIT AT EASTLAKE Exhibit "B" BMP Facilities Type ofBMP Facilities: Treatment Control Facilities, which may include, but are not limited to Hydrodynamic devices, catch basin inserts, or any other treatment control BMP approved by the City Engineer. Location of BMP Facilities: The BMP facilities shall be constructed at those locations and in strict conformity and in accordance with plans and specifications to be approved by the City Engineer. Puroose ofBMP Facilities: To provide treatment control, which will meet the requirements of the applicable provisions of the Chula Vista Municipal Code, Regional Water Quality Control Board Order No. 2001-01 (Municipal Permit), and Chula Vista SUSMP all as may be amended from time to time. Project Applicability: Developer acknowledges and agrees that should the assumptions for the selection and design of the BMP Facilities be modified in any way, the BMP Facilities may also require modification and/or updating to the satisfaction of the City Engineer. 5-57 SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE SUMMIT AT EASTLAKE Exhibit "C" Trail's Construction Security Bond Bond Company Bond No. Bond Amount Travelers Casualty and Surety Company of America 104201922 $146,636.00 5-57 RESOLUTION NO.2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 04-01, THE SUMMIT AT EASTLAKE WHEREAS, the Grant of Easements and Maintenance Agreement for Chula Vista Tract 04-01, The Summit at Eastlake, sets forth the developers' obligation through the community association to maintain landscaping in the public right of way; and NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista does hereby approve the Grant of Easements and Maintenance Agreement for Chula Vista Tract 04- 01, The Summit at Eastlake, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor ofthe City of Chula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Jack Griffin Director of General Services ~~~ ~~ City Attorney J:IEngineerIlANDDEV\ProjectslLand Swaplresidential- FMlReso-Grant of Easements.doc 5-:)'"'} THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL tfØm:JìY\- c - ~ Ann Moore City Attorney Dated: 4/27/04 GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CVT NO. 04-01 THE SUMMIT AT EASTLAKE 5-&0 Recording Requested by and Please Return to: City Clerk --- CityofChula Vista P.O. Box 1087 Chu1a Vista, California 91912 This Instrument Benefits City Only. No Fee Required. 5 This Space for Recorder's Use Only C.V. File No.: EL-1O1F GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 04-01 (DEDICATED EASEMENTS) This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is made as of this - day of . 2004, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), CORNERSTONE SUMMIT AT EASTLAKE, L.P., a California limited partnership ("Cornerstone"), KB HOME COASTAL INC., a California corporation ("KB") and THE EASTLAKE COMPANY, LLC, a California limited liability company ("EastLake"). (Herein Cornerstone, KB and EastLake are referred to collectively as "Builder"). RECITALS A. This Agreement concerns and affects certain improvements within portions of the real property located in Chula Vista, California, more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property") and in the public right-of-way adjacent to the Property. The Property is part of a planned residential development project commonly known as The Summit at EastLake, Chula Vista Tract No. 04-01, being the subject of the City Council Resolution No. 2004-021 ("City Resolution"). For purposes of this Agreement, the term "Projecf' shall refer to The Summit at EastLake Project. B. Cornerstone is the owner of a portion of the Property more particularly described on Exhibit "A-I" attached hereto and incorporated herein, KB is the owner of a portion of the Property more particularly described on Exhibit" A-2" attached hereto and incorporated herein, and EastLake is the owner of a portion of the Property more particularly described on Exhibit "A-3" attached hereto and incorporated herein. Cornerstone and KB are co-declarants under that certain Declaration of Covenants, Conditions and Restrictions of The Summit at Summit Grant of Easements and Maintenance Agreement 20837-25/1941608.5 S-hl 4/16104 EastLake filed or to be filed for record in the Official Records of San Diego County, California ("Community Declaration"). The Community Declaration provides for The Summit at EastLake Community Association ("Community Association") to maintain certain areas in the Project aridill the public right-of-way adjacent to the Project. C. The Property is or will become covered by that certain final map(s) ("Final Map"), described on Exhibit "A" attached hereto and referenced in the title to this Agreement. D. In order for Builder to obtain the Final Map and for the City to have assurance that the maintenance of certain areas within and outside the Project would be provided for, the City and Builder entered into a Supplemental Subdivision hnprovement Agreement pursuant to the City Resolution, in which Builder agreed that maintenance of such areas shall be accomplished by the creation of a homeowners association. Exhibit "B" attached hereto describes those particular areas which are dedicated to the public but which include landscaping and drainage improvements to be maintained by the Community Association. The public areas to be maintained by the Community Association are collectively refelTed to as the "Builder Maintained Public Areas." E. The City desires to grant to Builder easements for landscape maintenance purposes upon, over and across the Builder Maintained Public Areas, as shown on Exhibit "B", in order to facilitate the obligations of Builder as set forth in Supplemental Subdivision hnprovement Agreement, adopted pursuant to the City Resolution. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as set forth below. 1. Grant of Easements. The City hereby grants to Builder and its agents, successors and assigns, non-exclusive easements and rights-of-way over. and across the Builder Maintained Public Areas for the purpose of maintaining, repairing and replacing landscaping improvements located thereon. These grants are made without any warranties of any kind, express or implied, other than the warranty stated in Paragraph 13.6 below. 2. Maintenance Obli2ations. (a) Builder to Initially Maintain. Builder hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, those improvements within the Builder Maintained Public Areas, which are described on Exhibit "c" attached hereto, at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at hislher discretion and equivalent to City or Community Facilities District maintained right-of-way facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair, the provision of water and replacement obligations described herein and on Exhibit "c" hereto and shall also include repair and replacement at no cost to the City of any City owned property that is damaged during performance of the maintenance responsibilities pursuant to this Agreement. Exhibit "c" also refers to the maintenance responsibilities of the City. 2 Sununit Grant of Easements and Maintenance Agreement 20837-25/1941608.5 5-fc2- 4/16/04 (b) Transfer to Community Association. Upon Builder's transfer of maintenance obligations to the Community Association, (i) the Community Association shall become obligated to perform the obligations so transferred, and (ii) subject to the City determining that the requirèriients of Paragraph 3 below have been satisfied, Builder shall be released from such obligation. Transfer of maintenance obligations to the Community Association may be phased (that is, there may be multiple transfers). Builder represents to City that it intends to, and has the authority to, unilaterally transfer said maintenance obligations to the Community Association and that such transfer has been provided for in the Community Declaration, and that such document includes the provisions described in Paragraph 3(a)(ü) below. 3. AssÏ!mment by Builder and Release of Builder. (a) Assienment. Upon Builder's transfer of the Maintenance obligations to the Community Association, it is intended by the parties that the Community Association shall perform the Maintenance obligations either itself or by contractors. Such transfer will release Builder from its obligations only if all of the following occur: (i) Community Association Accents Oblieation. The Community Association has unconditionally accepted and assumed all of Builder's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of Builder under this Agreement. The assignment shall also have been approved by the appropriate governing body of the Community Association by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) Community Declaration. The City has confirmed that there have been no modifications to the recorded Community Declaration previously approved by City, to any of the following provisions: the Community Association shall be responsible for the maintenance of the Builder Maintained Public Areas, the Community Association shall indemnify City for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the Community Association shall not seek to be released by City from the maintenance obligations of this Agreement, without the prior consent of City and one hundred percent (100%) of the holders of first mortgages or owners of the Property. (üi) Community Association Insurance. The Community Association procures and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all of Builder's landscape maintenance bonds, a policy of public liability insurance with the following requirements which requirements shall be contained in the Community Declaration as follows: "General Liability Insurance. The Community Association shall obtain a comprehensive general liability and property damage insurance policy insuring the 3 Summit Grant of Easements and Maintenance Agreement 20837-25/1941608.5 6 -tJ3 4/16/04 Community Association and the Owners against liability incident to ownership or use of the Community Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by AM. Best "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) (ii) (iii) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Community Association do so; The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." The foregoing provision may not be amended without the written consent of the City Planning Director or City Attorney." The Community Association shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, Builder shall be released from its obligations under this Agreement, including its security and insurance requirements. Builder acknowledges that it has a contractual obligation to perform the terms and conditions of this Agreement until and unless released by the City from this Agreement. At least sixty (60) days prior to such transfer, Builder shall give a notice to the City of Builder's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. Builder's Insurance. Until such time as the Community Association has obtained the general liability insurance required by the Community Declaration, Builder agrees to procure and formally resolves to maintain at its sole cost and expense, commencing no later than the date that the landscape architect of record has submitted a letter of substantial conformance pertaining to 4 Summit Grant of Easements and Maintenance Agreement 20837-25/1941608.5 :::; hi- 4/16104 work being completed to the General Services Department and the General Services Department Director or his designee has deemed the work complete and satisfactory, a policy of public liability insurance that would include, but is not limited to the following: General Liability Insurance. Builder shall obtain a comprehensive general liability and property damage insurance policy insuring Builder against liability incident to ownership or use of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by AM. Best "A, Class V" or better with modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements Builder do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds and; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits ofliability." Builder shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 5. Indemnity. Builder shall defend, indemnify and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), that may be asserted or claimed by any person, finn, or entity because of or arising out of or in connection with the use, maintenance, or repair of the Builder Maintained Public Areas. Builder shall not have any liability under this section by reason of the Community AssociationS failure to maintain. 6. Indemnity of Community Association. The document whereby Builder transfers a Maintenance obligation to the Community Association shall be signed by both Builder and the Community Association and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: "Indemnity. The Community Association shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), which result from the Community Association's failure to comply with the requirements of the obligations transferred hereby to the Community Association. The Community Association shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce 5 SUnDIÚt Grant ofEasements and Maintenance Agreement 20837-25/1941608.5 5-b5 4/16104 this Indemnity. This Indemnity may not be amended without the written consent of the City Director of Planning and Building or City Attorney." 7. A2teêment Bindinl!: UDon Any Successive Parties. This Agreement shall be binding upon Builder and any successive Declarant under the Community Declaration. This Agreement shall be binding upon Community Association upon transfer of maintenance obligations to the Community Association. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 8. Al!:reement 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. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 9. Goveminl!: Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 10. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 11. CounterDarts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 12. Recordinl!:. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office, within thirty (30) days after this Agreement is approved by the City Council. 13. Miscellaneous Provisions. 13.1 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 United States mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement or within one (I) business day after deposit within a nationally recognized overnight courier. A party may change such address for the purpose of this Paragraph by giving written notice of such change to the other party. 6 Sunnnit Grant of Easements and Maintenance Agreement 20837-25/1941608.5 C; -btó 4/16/04 If To City: CITY OF CHULA VISTA Department ofEngineering 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer If To The Parties: Cornerstone Summit at Eastlake, LP. 4365 Executive Drive, Suite 600 San Diego, CA 92121 Attn: Mr. Michael Sabourin KB Home Coastal Inc. 12235 E1 Camino Real, Suite 100 San Diego, CA 92130 Attn: Mr. Kevin Curtin The EastLake Company, LLC 900 Lane Avenue, Suite 100 Chura Vista, CA 91914 Attn: Mr. William Ostrem 13.2 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. 13.3 Entire Aereement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 13.4 Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 13.5 Compliance With Laws. In the performance of its obligations under this Agreement, the Builder, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. 13.6 Authority of Simatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. 7 Summit Grant of Easements and Maintenance Agreement 20837-25/1941608.5 6-67 4/16104 13.7 Modification. This Agreement may not be modified, tenninated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and dilly recorded in the Official Records of the San Diego County Recorâer's Office. 13.8 Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant or condition to person or circumstance, shall not be affected thereby and each term, covenant or condition shall be valid and be enforced to the fullest extent pennitted by law. 13.9 Preparation of Aereement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. (NEXT PAGE IS SIGNATURE PAGE) 8 Summit Grant of Easements and Maintenance Agreement 20837-25/1941608.5 £7-&'6 4/16104 Signature Page 1 of 4 For Grant of Easements and Maintenance Agreement (Dedicated Easements) IN WITNESS WHEREOF, City, EastLake, Cornerstone and KB have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2004 CityofChula Vista By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney 9 Sunnnit Grant of Easements and Maintenance Agreement 20837-25/1941608.5 c;r Ie C, 4/16104 [signature page 2 of 4 continued] THE EASTLAKE COMPANY, LLC: THE EASTLAKE COMPANY, LLC, a California limi' company By: Name: illiam T. Ostrem Title: President :" ld~~l!~ Name: Debi Roth-Klingner Title: Vice President Dated: L¡(;;Q bl( STATE OF (!..¡t(t.¡nNI.N/1'I COUNTY OF .:5A7J D f6o ) ) SS. ) On II~I.- Q/A. . 200ljbefore me, ÞEtJ¡!!:¿M. :Evn¡fiI . a Notary Public, personally appearedllJlU¡hll1rW1!&1l<ll2:AJI:øi7l-KLuvA.il~. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. .. ~ # 144686 NoIary I'uIIIc . Ca8DmIa "'1I8go CcuIIr _CaInnI. ..... 0at22. 2CIIn ~/71- ~ Notary Public ) 10 Summit Grant of Easements and Maintenance Agreement 20837-25/1941608.5 5-70 4/16104 STATE OF ) ) SS. ) COUNTY OF On , 200- before me, , a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and t by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the perso sj acted, executed the instrument. WITNESS my hand and official seal. Notary Public 11 Summit Grant of Easements and Maintenance Agreement 20837-25/1941608.5 C;--71 4/16104 [signature page 3 of 4 continued] CORNERSTONE: CORNERSTONE SUMMIT AT EASTLAKE, L.P., a California limited partnership By: Cornerstone Communities LLC, a California limited liability company General Partner Michael J.~;: Manager Dated: Lf - d-d- ~ ;).ooLf STATE OF ell L:'/ir'#¡'/j ) .5 . ) SS. COUNTY OF f'lA/ b/ £"!1îJ ) u On f~L .;?;;? . 20oJbefore me;¡;/h)¡1'1 E¿l./óOl¡/' a Notary Public, personally appeared />J:L . ê./ ~. ..Ý'i.6oi~rY'N', personally known to me (01' pro.eEl Ie 1'" Oq iii. """is 9f Qti~fu'ro'J ..:EleBoo} to be the person(;IQ whose name~ is/- subscribed to the within instrument and acknowledged to me that he/sile/1:hey executed the same in hislh&ltIwM authorized capacity(j¡:&), and that by hislberlthøir signature~ on the instrument the person~, or entity upon behalf of which the perso~ acted, executed the instrument. WITNESS my hand and official seal. ~....- ,. - - ~- ~.' - - - - i JO Þ.NNA ELLISON ~ Commission" 1341020 z ~ Notary Pubiic - California ~ I San Diego County t My Com'n. Ð:pires Fe!> 22, 2Oœ --"'--,."'---- ~~v~~ ÓÑotary Public ~(1-J 12 Summit Grant ofEasements and Maintenance Agreement 20837-2511941608.5 C5"7'& 4116104 [signature page 4 of 4 continued] KB: lifornia BY' ~itle: . DI12~~ ~Ð f(~ Dated: C4/ 22;/04- STATE OF (ìn\ito(fìW" ) &n ) SS. COUNTY OF \)\~~) On .A DV; \ J...2. , 200~ before me, La.LÚe(\ L - Ca.n 1-Dn ,a Notary Public, personally appeared De.bo¡r<>X'\ \{o.:n. fu\';:, , personally known to me (or plv.od <0 me oñ the boo;' '* ~) to be the person(s) whose name(s) is/are subscribed to the witlrin instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislber/their signatuIe(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. I~- :=!:.- i I~~;;~~~ ~~ I tary ~ 13 Surmnit Grant of Easements and Maintenance Agreement 20837-25/1941608.5 ---73 4/16104 Exhibits Exhibit A-I................................................................... Legal Description of Comers tone Property Exhibit A-2 ................................................................................. Legal Description ofKB Property Exhibit A-3 ........................................................................Legal Description of East Lake Property Exhibit B .......................................................................................Builder Maintained Public Areas Exhibit C .................................................................... Description of Maintenance Responsibilities Summit Gnmt of Easements and Maintenance Agreement 20837-25/1941608.5 5 - 7Lf 4/16/04 Exhibit "A-1" Legal Description of Cornerstone Property LOTS 5, 6, 14, 15, 16, 17, 18,26,27,28,29,30,31,32,33 AND 34 OF CITY OF CHULA VISTA TRACT NO. 04-01, THE SUMMIT AT EASTLAKE, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. , FILED IN THE OFFICE OF THE COUNTY RECORDER ,2004. EXHffiIT "A-1" Summit Grant of Easements and Maintenance Agreement 20837-25/1941608.5 5-75 4/16/04 Exhibit "A-2" Legal Description ofKB Property LOTS 4, 7, 19,20,21,22,35,36,37,38 AND 39 OF CITY OF CHULA VISTA TRACT NO. 04-01, THE SUMMIT AT EASTLAKE, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. , FILED IN THE OFFICE OF THE COUNTY RECORDER ,2004. EXHIBIT "A-2" Summit Grant uf Easements and Maintenance Agreement 20837-25/1941608.5 5-7~ 4/16104 Exhibit "A-3" Legal Description of EastLake Property LOTS 1,2, 3, 8, 9, 10, 11, 12, 13,23,24 AND 25 OF CITY OF CHULA VISTA TRACT NO. 04-01, THE SUMMIT AT EASTLAKE, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. , FILED IN THE OFFICE OF THE COUNTY RECORDER ,2004. EXHIBIT "A-3" Summit Gnmt of Easements and Maintenance Agreement 20837-25/1941608.5 6-77 4/16104 Exhibit "B" Builder Maintained Public Areas [Attached Hereto] EXHffiIT "B" Summit Grant of Easemeots and Maintenance Agreemeot 20837-25/1941608.5 S- -7Z 4/16104 Exhibit "B" Builder Maintained Public Areas The Summit at EastLake PARCEL "A" THOSE PORTIONS OF THE EASTERLY PUBLIC P ARKW A Y OF EASTLAKE P ARKW A Y AS DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON JANUARY 8, 2003 AS FILE NO. 2003-0025086, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO STATE OF CALIFORNIA, SHOWN AS PARCEL "A" ON EXHIBIT "B- 1" ATTACHED HERETO AND MADE APART HEREOF. PARCEL "B" THOSE PORTIONS OF 20' PUBLIC ACCESS EASEMENT AS DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON JANUARY 8, 2003 AS FILE NO. 2003-0025084, SHOWN AS PARCEL "B" ON EXHIBIT "B-1" ATTACHED HERETO AND MADE APART HEREOF. PARCEL "C" THOSE PORTIONS OF THE NORTHERLY PUBLIC P ARKW A Y OF OLYMPIC P ARKW A Y LOCATED BETWEEN LOT 1 AND LOT 2 OF THE PROPERTY AND THE BACK OF THE TRAIL ALONG THE NORTHERLY SIDE OF OLYMPIC P ARKW A Y AS DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON DECEMBER 17, 2002 AS FILE NO. 2002-1153503, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SHOWN AS PARCEL "C" ON EXHIBIT "B-1" ATTACHED HERETO AND MADE A PART HEREOF. PARCEL "D" THOSE PORTIONS OF 20' PUBLIC ACCESS EASEMENT AS DEDICATED TO THE CITY OF CHULA VISTA PER DOCUMENT RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON DECEMBER 17, 2002 AS FILE NO. 2002-1153504, SHOWN AS PARCEL "D" ON EXHIBIT "B-1" ATTACHED HERETO AND MADE A PART HEREOF. EXHIBIT "B" 5-7'6 04121104 P.M NO. 184fil2 r.J ~ ~~ ~~ ~ . ¡:s§ ~ §:j c::¡ j I SEE liS-III iD7 1 CHULA Y/S7A 7RAC7 No. 03-04 .. MAP No. 145fil1 ..~ GRAPHIC SCALE LOI 22 I 100 0 I 100 EXIST. RIGHT-OF-WAY OF EASnAKE" PARKWAY ÐE"DlCATE"D PER DOC. R£C. 1-8-2003 AS RLE NO. 2003-0025086, O.R. L07 ð . . 20' PUBUC ACC£SS EAS£M£NT PER DOC. NO. 2003-0025084 I If Lol 23 LEGEND ~ INDICA T£S PARC£L ':4" PUBUC PARKWA XS' 1:::;\/::::::;:;:::::::::::1 INDlCAT£S PARe£L ':9'" PUBUC ACC£SS £AS£MÐIT S-7CJ ~Iw.~æ SHŒT 2 SHEET 1 ~ "1- ~ ~ ~ i:( .. ... .. û ~ - ~ ~ I ~e5' ~tC CI}§ ì:5~ "" ~ Î SEE ¡' ... ~ ::::.\ ~ ::¡. ~ IJ . . ,:1 ,:~::.~HEET .. .." " J EXHISIT -S-'- lEGEND ~ INDICATES PARC£L ". PUBliC PARKWAI'S 1\::::::::::~::~~::~~:::~::::1 INDICATES PARCEL ~. PUBliC ACCESS E"AS£MENT 20' PUBliC ACCESS E"AS£M£NT PER DOC. NO. 2003-0025084 EXIST. RIGHT-OF-WAY OF FASTlAK£ PARl<WAY DEDICATED PER DOC. R£C. 1-8-2003 AS ALE NO. 2003-0025086, O.R. ~ ... . ... GRAPHIC SCALE I II 100 0 100 SHEET 2 OF 4 SH£ETS & 5-Z0 3 """"""'V""" I'I/JU'O "'I'I~""'" EXHIBIT nB-1 n LEGEND ~ INO/CATES PARCEl. "cn PUBUC PARKWA I'S r::::::::::::::~:::;::::~::::::::::! INDICATES PARCEl. "D" .PUBUC ..."...."."". ACCESS EASEMENT OLYMPIC PARKWAY RIGHT-OF-WAY 2O'PUBUC lANDSCAPE AND PEDESTRIAN ACCESS EASEMENT 4 £X/ST. CURB UNE 274+"'°% BEGIN PUBUC PARKWAY MAINTENANCE: DETAIL -S- NOT TO SCAL.E OLYMPIC PARKWAY. RIGHT-OF-WAY 271+27% END PUBliC PARKWA Y MA/NlFNANCE: 20' PUBliC lANDSCAPE AND PEDESTRIAN . ~~ ~:¡/)¡:¡¡¡iW> I ~ 275+61% END PUBLIC PARKWA Y MAINTENANCE DETAIL nA n NOT TO SCALE EXIST. OL YMPIC PAR~ Y RIGHT-OF-WAY DED/CATED PER DOC. NO, 2002-1153503 275+61% END PUBliC PARKWA Y MAlNTE:NANCE 27"'+40% BE:G/N PUBliC PARKWA Y MAINTENANCE SEE DETAIL "8- OrA Y RANcH A80~ A/A? No. B!32 20' PUBliC lANDSCAPE: AND PEDESTRIAN ACCESS EASEMENT PER DOC. NO. 2002-115350'" 1'...... I ~~ I:'ê:. ,1'. ... ,1'00. 271+27:t END MAINTENANCE: GRAPHIC SCALE: I I 100 0 100 SHEET .J OF 4 SHEETS æ LEGEND I:::::::::::::::::::::::::::::::::::::'INDICATES PARCEl "D" PUBLIC ..""."". ACCESS E:ASEMENT ...."" Ii mu t:::~r L07 >38 SŒ EXHIBIT "B-I" ï J Ii T ~ ~. ~ " . .... ~ ~ ~ ~ 20' PUBliC lANDSCAPE AND PEDESTRIAN ACCESS EASEMENT PER DOC. NO. 2002-115.3504 OrA Y RANCH AlAP No. 862 EXIST. OL YMPIC PARKWA Y RIGHT-OF-WAY O£OICATEO PER DOC. NO. 2002-115.350.1 ~ .... . .... .1 GRAPHIC SCALE I 100 0 I 100 5-82- 9£U'~'~ æ Exbibit "C" Description of Maintenance Responsibilities [Attached Hereto] EXHIDIT "C" Sumrn;t Grant of Easements and Maintenance Agreement 20837-2511941608.5 5-&3 4116104 Exhibit"C" Description of Maintenance Responsibilities The Summit at EastLake City's CFD 07M Areas Reference HOA Maintains Maintains 1 Easterly Public Parcel "A" and "B" All landscaping and irrigation Public facilities not being Parkway of EastLake of Exhibit "B" improvements (including provision maintained by Developer Parkway and Public of irrigation water) located within such as: trail Access Easements the public parkways (including improvements, concrete street trees maintenance and sidewalks, tree nodes, 2 Northerly Public Parcel "C" and "D" trimming) to be maintained and street lights and Parkway of Olympic of Exhibit "B" replaced at a level equal to or appurtenant equipment, Parkway located better than the level of traffic signals and between lot 1 & 2 and maintenance and replacement appurtenant equipment. the back of the trail acceptable to the Director of along the northerly Public Works Operations, at side of Olympic his/her sole discretion, equivalent Parkway and Public to City or Community Facilities Access Easements District maintained right-of-way facilities. EXHIBIT "C" 5~~'-f 411612004 COUNCIL AGENDA STATEMENT Item: 6 Meeting Date: 5/4/2004 ITEM TITLE: RESOLUTION APPROVING CHANGES TO THE MASTER FEE SCHEDULE SUBMITTED BY: Fire Chief DAf Nature Center Directo~ Chief of PoliceÒ1"'7\ \6'- Director of RecreaWon r¿tVl- REVIEWED BY: ,.~ City Manager LDf:"'<::¡~ (4/5ths Vote: Yes]LNo -) Several departments are recommending changes to the Master Fee Schedule to update flat fees; these departments include Fire, Nature Center, Police, and Recreation. The proposed changes include both amendments to existing fees and the implementation of new fees. RECOMMENDATION: That Council approve the changes to Master Fee Schedule. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Departments were asked to review their flat fees in order to update fees to account for significant increases in the cost of providing services. Flat fees are generally used when the cost of the service is consistent among various users and the effort that would be required to bill based on actual costs would be unnecessarily cumbersome. The proposed changes to the Master Fee Schedule include both updating existing fees and implementing new fees. The proposed changes to the Master Fee Schedule are as follows: Fire De.artment. .'..', Staff is recommending amending the following fees for Fire permits that will total $70,000 in additional revenue: . Fire Permits - These fees were last updated in 1995; staff is proposing an increase to capture current Fire Inspector II costs at full cost recovery. Staff is also proposing a revision to the multiple permit fee structure. Currently, businesses pay the highest of all possible permits. For (p-I I Page 2,ltem: \{ Meeting Date: 5/4/2004 example, BF Goodrich requires annual inspection and permits for a minimum of 7 devices pays $65.00 annually. Staff is proposing to implement a structure that would allow recovery of staff costs in conducting multiple inspections at one facility. Cognizant of being a business friendly community a cap (Maximum charge of $750.00) will be implemented to ensure fees are not cost prohibitive to businesses in Chula Vista. The update will result in $60,000 of additional revenue. . Plan Reviews and Inspections - Staff is recommending an update to the current plan check fee schedule. The update will includes new fees for reviewing residential fire sprinkler systems, technical reports, failed inspection/tests. The system fees have been modified based on system size instead of a flat rate. . Re-inspections - Staff is recommending a fee for inspection after the third occurrence. The fee would encourage compliance within the first two inspections and save staff time. The estimated revenue is $2,000. . Special Inspections - Fire prevention staff currently conducts a variety of special inspections (barges, carnivals, etc.) at a flat fee. Staff recommends a rate increase to recover staff costs. The estimated revenue is $3,000. . State. Federal. Countv Mandates - currently a variety of fire inspections are performed at the request of the State, Federal or County at no cost. Most of these inspections are conducted for day care providers, convalescent homes and hospitals. Staff is proposing to recover the cost of the inspection. The estimated revenue is $5,000. Note: See Attachment A for a complete listing of the recommended changes to the master fee schedule. Staff is in the process of preparing a recommendation to amend the zoning permit fees to recover fire inspection costs. Staff will return to Council with a recommendation in the near future. Nature Center Staff is recommending increasing admission fees to the Nature Center, which have not been changed since 19931. Since the fees were established, the cost of operating the Nature Center has increased significantly. During the last few years, the Nature Center has made numerous improvements including the 1 Admission fees for Seniors were adjusted to change the eligibility for Senior from 65+ to 55+ to be consistent with national trends. /ç-é)- Page 3,ltem: Meeting Date: 5/4/2004 addition of the Shorebird exhibit, Raptor Row, Eagle Mesa, DavidA. Wergeland Shark & Ray Experience, and the Home Composting Garden and Field Lab. Most recently, the Nature Center has had to incur the cost of the Nature Center transit route as the Metropolitan Transit Development Board decided to no longer subsidize this route. For fiscal year 2004 the cost for transit service is approximately $65,000; the increased fee is expected to only offset a portion of the transit operations costs. Staff is recommending maintaining the fees low to promote diverse cultural, educational, and recreational opportunities. It is anticipated that the increased admission fees will result in an additional $33,000 in revenue. The proposed fee amendments are as follows: Admission Current New Adults (18+) Seniors (55+) Juniors (12-17) Students (18+ with ID) Children (6 -12) Children (under 6) $3.50 $2.50 $1.00 $3.50 $1.00 Free $5.00 $3.00 $3.00 $3.00 $2.00 Free Staff is also recommending that facility rental fees be included in the Master Fee Schedule. These fees generate approximately $3,100 in revenue. These fees include the use of the facility by other business or private party entities for events such as meetings, conferences, training sessions, and special events. The fees have been set relative to other facilities available for use in the greater San Diego area. Event T pe Proposed Fee Conference, meeting Reception (each 100 people) Dinner (indoor seating) Dinner (outdoor seating) Child's Birthday Party Wedding/Reception $300 $500 $500 $750 $150 $1,500 Police Department The security alarm permit fee has not been increased since 1995, when it was amended to establish a higher fee for commercial security alarm permits (Resolution 17939 - 7/1/95). The security alarm permit fees offset the cost of administering the alarm-permitting program. This includes the salary of the office specialist that maintains the permitting database. Since 1995, the cost of this position has risen significantly due to MOU salary increases and the increasing costs of health and retirement benefits. The Police Department is recommending amending the fee to reflect higher costs by applying the increase in the &-3 Page 4,ltem: \9 Meeting Date: 5/4/2004 Consumer Price Index from 1995 to 2004. During this time period the Consumer Price Index rose approximately 25.5%. It is estimated that the increase in the permit fee will result in $43,711 in additional revenue. The proposed fee amendments are as follows: . ... .. $25 $50 The Police Department is also recommending the addition of a $10 adoption fee that will generate an estimated $40,730 to fund a part- time adoption counselor. The goal is establish a more formal adoption program to increase adoptions and placements and decrease the euthanasia rate. The Animal Shelter has had success in increasing the adoption rate since it hired an Adoption Counselor on a temporary basis. The addition of this fee will allow the department to continue with this successful program. The current fee structure for adopting animals is as follows: DOGS CATS RABBITS LIVESTOCK $50 $40 $30 $30 $40 $40 $40 $40 $8 N/A OTHER In order to determine the effectiveness of this program, one temporary part-time employee focused her efforts on placements and adoptions. During a comparable six-month period, adoptions and placements increased significantly, from 22% to 35%. Likewise, the euthanasia rate dropped from 61 % to 48%. As we were able to have the position focus on adoptions on a full-time basis and a greater emphasis was placed on adoptions, the increase was even more dramatic. For example, during a two-month period, 18% of the 749 dog and cat intakes were adopted or placed and 49% were euthanized. During the two- month period in which adoption efforts were increased, 57% of the 723 dog and cat intakes were adopted or placed and only 28% were euthanized. (p-,-/- Page 5,ltem: ( Meeting Date: 5/4/2004 Adoption and Euthanasia rate since implementation of adoption program 80% 60% 40% 20% 0% Adoptions Euthanasia 1111/02-2/02.1/03-2/031 Staff is recommending that a $10 fee be added to all adoptions to offset the cost of the adoption counselor. It is estimated that increasing this fee would generate approximately $12,920 based on the current number of adoptions and an additional $27,810 as a result of the increased number of adoptions. The remaining money generated will be utilized to enhance the adoption program including educational programs and advertisements to generate public interest and awareness in the program. This additional $10 fee will still keep Chula Vista within the range of shelter fees throughout the county. Recreation De . . rtment The Recreation Department is proposing the following amendments to the Master Fee Schedule: Swimminq Pool Fee Chanqe - Per the recommendation of the Recreation Department, the City Council approved an amendment to the Master Fee Schedule on May 13, 2003 to increase the full pool rental fee for both pools from $40 and $30 per hour to $100 per hour, and to establish a partial pool rental fee of $25 per hour. In the year since the increase, the full pool rental of Loma Verde and Parkway Pools has dropped significantly. Therefore, the Department is recommending that the full pool rental fee be reduced to $50 per hour. Currently there is $4,000 included in the budget for anticipated revenue from this fee, decreasing the fee will allow the department to meet the budgeted amount. Ball Field Rental Fee - The current Master Fee Schedule does not provide for rental of a partial field. At Heritage Park, the one large field can be, and has been, divided for various uses. The newer community parks will also offer this capability. Therefore, staff recommends that a partial field rental fee be established, at one-half of the cost of a full ball field rental. This new fee would be $15 per hour for lighted fields and $10 per hour for unlighted fields. It is anticipated that this fee will generate $1,250 in additional revenue. (p-.5 Page 6,ltem: ~) Meeting Date: 5/4/2004 FISCAL IMPACT: The additional revenues generated by approval of this resolution are as follows: Fee Anticipated Revenue Fire Permits $70,000 Nature Center Admission $33,000 Nature Center Facility Rentals $3,100 Security Alarm Permits $43,711 Adoption Fee $40,730 Swimminq Pool Fee $4,000 Ball Field Rental Fee $1,250 Total $195,791 Attachments - Amendments to the Master Fee Schedule for the following departments: A. Fire B. Nature Center C. Police D. Recreation Ir if CVFD PERMIT FEE8Attachment A I CHAPTER XV Fire Department Fees ~PERMITS The City of Chula Vista has implemented a permit fee schedule. The following fees are based on an inspection/review of the activity to be conducted. -Issuance of a permit is continqent upon compliance. Multiple permits will be required if applicable. Excludina penalties. annual Fire Permit fees shall not exceed $750.00 per business location. IssmLJonce of a ßermit is oontin!:ont upon compliance. (The followinq fee schedule is subiect to annual COLA adiustments, not to exceed full cost recovery) Activitv Fee FreQuencv ADDlicabilitv/Comments /\ssemBly" Place $êé Annually/Each The aatherina toaether of 50 or more persons for of Assemblv ~ Occurrence such purposes as deliberation. education. instruction. worship entertainment. amusement drinkina. or awaitina transportation. (CFC 251. CaReeRs aAEllar lar§e ¡¡uBlie §atheriR§s. Exits, aoeess, eeeu¡¡ant laaa, eaneessiens. Firefi§htiR§ ¡¡efGeRRel aeemea re<]uirea ta staReJBY auriR§ . . Atlte-Wrecking $êé Annually Automobile wrecking yard§. a¡¡eratieR. /\eeess, Yard§. ~ slora§e, welain§, eullin!,,!, fire ¡¡reteelian aeviees. iunk vards or waste material handlinn nlants ICFC 34). Canales ana $6G ARmIaHy Use af a¡¡eR flame/eaRales iR eaRReeliaR .....ith O¡¡eR Flame assemBly areas, aiRiR!,,! areas ef reslauraRts or ^~ð '-'., . Camival 8. Fairs $êé Each Occurrence Operation of a carnival or fair. Exits, access, Outdoor Carnival .lliQ emergency lighting, seating, occupant load, fire or Fairs protection devices. includina concession booths iCFC 251., Combustible $êé Annually Storage or handling of fibers in quantities in Fiber Storage ~ excess of 100 cu. fl. E¡¡: Gatten, sisal. jute, hem¡¡, . ,"". (CFC 2á) Combustible $4-2G Annually Storage of more than 2500 cu. Ffl. gross volume Material§. Storage .lliQ of combustible empty packing cases, boxes, barrels or similar containers, or rubber or cork or other similarlv combustible materiai ICFC 111-. Compressed $8G Annually/Each Slefa!,,!e, IraRS¡¡ertatiaR an site, ais¡¡eRsiR!,,!, using Gases .$.11Q Occurrence or haRaliR§ eam¡¡ressea §ases. Eaeh laRI( will Be ins¡¡eeteeJ la meet U.F.C. stanaareJs eR aR annual Basis er when laRlm are newly IRstaliea er f'efIIÐ\/eå-. Compressed oases - storane handlina and/or use (CFC 74 table 105a1. Cryogens $7§ Annually Any Business Ihat ¡¡raauees, stares ar l1aRales i1.Q§ Cl)a§ens iR eJ(6ess ef 1 §allaR ana less Ihan 60 §allaRs, ae¡¡enain§ u¡¡an Iy¡¡e. Crvoaenic fluids production storace handlino, and/or use (CFC 7 table 105b). (P-1 CVFD f'ERMIT rEEsAttachment A I Dry Cleaning $6§ Annually Dry cleaning operations or to change to a more PIaffis Operations $M hazardous clea~~ng solvent after annual permit issued, ICFC 36 . Dust Producing $6§ Annually Crain ele/alar/feeå FAili al3eratiaRs, ~laAt Operations $M ~ul'{eriLiA!j e13eFaIlaAS aluFAiAuFA, seal, sesa, FAa!jAesi~FA, Sl3ie6S, s~!jar ar alRer al3eratiaRs pF8åueiA§ ex~lasive dusts fraFA tAB ~raeessiA!j af FAateFieIs-. Dust oroducina operations. processes and equipment ICFC 30. 76). Explosives or $6§ Annually/Each Manufacture, storage, sale, display, or disposal ofl Blasting Agents ~ Occurrence explosive materials; and/or transportation or use of explosive materials commonly used for blasting operations (CFC 77). Fireworks $400 Annually/Each Manufacture, display, storage or use of lliQ Occurrence! pyrotechnic special effects material. ~. Barae 'NiRå ålreeliaA, ty~es af åe':iees ~seå, lest åetenaliaR, lire ~reteelieR. Organization providing evidence of Federal Ta~;exem~~ status will be permitted a fee waiver. CFC 78 Garages for m Annually Structures used as a place of business for Motor Vehicle i1.Q§ servicina or repairing motor vehicles. Flammable Repair and corrosive materials use, disposal, and storace-. ICFC 29 and 79\. Hazardous $400 Annually Sterage, tran5~ertalieR eR site, åis~eAsiR!j, ~5e er Materials Use & lliQ RaAåliRg af Razaråe~s FAaterials Hazardous Storage chemicais storace. handline or transport of solids liouids and naseslCFC 50 79 and 80\ High-Piled m Annually Use of any building or portion thereof exceeding Combustible $150 2500 SF-sf. Hor high-piled combustible storage Storace CFC 81).. Liquefied $6§ Annually/Each f'er taR It ever 126 !jal. Storace handline and Petroleum Gases ~ Occurrence transportation of LP-aas and the installation of equipment pertinent to svstems for such uses ICFC 82). fer å~raaility, sR~t elfs 8. leealieR, ¡eRieular Oven, Industrial $§G Annually Location, construction & operation of industrial Baking or Drying $M baking & drying ove~~ -which are heated with oil or cas fuet; (CFC 62 Spraying or $6§ Annually Spraying or dipping operations utilizing flammabie Dipping/ lliQ or t8J<Ïe .a~er ßraåueiR!j combustible Iiquids.Qf...1jJJ Flammable application of combustible powders reaulated bv ffinishes CFC 45. : Tents, Canopies $6§ Each Occurrence To erect EFeeIiefl or operat~iefI-ef anleflt.ef air- & Temporary ~ supported temporary membrane structure or tent Membrane having an area in excess of 200 sq. ft. or-,! canop Structures in excess of 400 sq. ft. (CFC 32) Aeeess-, . ~. ~.g CVFD f"'EIlMIT f[!:8Attachment A I ""elaiA§ & C~tIiA§ $§G Annually WelaiA§ aAa e~tIiA§ e3eretiaAs iA a B~ilaiA§. Hot work ~ VeAtilatiaA, eE~i3ffieAt test eeFtifieatiaAs. Public Operations exhibitions and demonstrations where hot work is conducted. Use of portable hot work eQuipment inside a structure. Fixed-site hot work eQuipment such as weldinG booths. Hot work conducted within a hazardous fire area or for roofinG ooerations. Storage Tanks $400 Each Occurrence Installation, operation, repair or modification of (Flammable lliQ (Per Tank) pipelines, equipment or facilities where flammable and/or or combustible liquids are produced, processed, Combustible dispensed, stored, handled or used. Tanks to be Liquids)- inspected for design & construction, and soil I INSTAllATION compaction. CFC 79 Storage Tanks $-m Each Occurrence Removal, abandonment, placing temporarily out ~r (Flammable lliQ (Per Tank) service, or otherwise disposing of a flammable or and/or combustible liquids storage tank. Vessel must be Combustible inspected for penetration - tanks shall be triple- Liquids)- washed, purged with dry ice & removed from REMOVAL ground. -ICFC 79) Casts reletiA§ la sail lest fer +aRks--Storage $75 Annually SteFa¡¡e, RaAeIiA§, ar ~se af Class I, 11;-ef-HI-A of Flammable or ~ 1iE~ias iA e*eees af s3eeifiee affia~Ats. Flammablf Combustible and combustible liQuids storace. use Liauids disoensina mixinn and hand linn ICFC 79\ CRristffias Tree $§G EaeR Oee~FreAee O3eratiaA af aA area usee fer tRe sale at bets CRristffiae trees. Eleetrieal safety, aeeess, fiaffie --Definition of ¡'<ssemaly: The gathering together of 60 or mom persons fer sue!'! pur¡:¡eses as deliaer-ation, education, instruc-tieA, 'Norship, entertainment, amusement, drinl(iAg, or £J'A'aitiAg transportatieA. (Resolution 17939, effective 7/1/95/ General Use ~ Annuallv Shall be reQuired for any activity or operation Permit and not specificallY described below which. in the Certificate iudGment of the Fire Chief or Fire Marshal is likely to produce conditions hazardous 10 life or propertv. and shall be accompanied bv fees as set forth herein. MaGnesium ~ Annuallv Storace handlinG and processinG of Workina Maonesium. (CFC 48) Fumiaation or .mQ Annuallv To operate a business offumlaation or thermal Thermal Insecticidal foGGinG and to maintain a room, Insecticidal vault or chamber in which a toxic or flammable Foaaina fumiaanl is used CFC 47\. lumber Yards lliQ Annuallv To store lumber in excess of 100 000 board feet ICFC 30). Mall/ Open and .mQ Annuallv To operate a structure as an open or covered Covered mall. (CFC 35\ Batterv Systems ~ Annuallv To install or operate stationarY lead-acid batterY Systems havina a liquid capacity of morethan100nallons CFC64'. ¿ç-q CVFD f'ERMIT fEEsAttachment A I B - PLAN REVIEWS AND INSPECTIONS B. PLAN REVIEW AND INSPECTION Fees for the plan review, plan re-submitlal, consultation, inspection, and re-inspection of fire suppression systems, hydrant placements, and fire alarm systems shall be collected in accordance with the following fee schedule. (The followino fee schedule is subiect of annual COLA I adiustments. not to exceed full cost recovery) ACTIVITY FEE Fire sprinkler system $640 Tenant improvement fire sprinkler svstem $275 Fire Hydrant Installation - One (1) to Five (5) hvdrants $275~ I Above Five 15) hvdrants $50 oer hvdrant Fire Alarm System $48é $140 plus , $5.50 per initiating device Heeå- Eire suppression systems - To include kitchen $4-3é $140 plus I hood. clean aoent. and alternative fire suppression $5.50 per nozzle svstems 13-R Sprinkler Svstem $275 I 13-0 Sprinkler Svstems m I Standpipe Systems - Includino all wet. dry. or combination $110 plus $5.50 per I systems. outlet Technical Report $190 I Failed inspection I test m I /P-/O GYro PERMIT FEEsAttachment A I C - SPECIAL INSPECTIONS The CitY ofChula Vista has implemented a new Fee Schedule For Other Services. No. Service Fee Frequency Applicability/Comments 1, Federal. ~ AnnuallY State. or other Government Aaencies i1QQ B Occupancies. R-3 Occupancies. and E - 3 Occuoancies I - 1 and 2 Occupancies - Convalescent hospitais. nursinG homes homes for the aced. sanitariums. boardinG homes and children homes. .lliQ 1- 1 Occu No. Service Fee Freauency Applicability/Comments k HiQh-rise $130 Annuallv BuildinGs over 75ft in heiQht. Buildina Q!!ê Inspections i1Q ~ floor No. Service Fee Frequency Applicability/Comments â., Re- ~ Per Re-inspection fee would be assessed upon Inspection Occurance the third re-inspection when required and/or: Fees Re-inspection as a result of a requested inspection not cancelled two hours or more prior to established appointment time. or not ready for inspection and/or test upon arrival of the fire denartment renresentative. (p-II Attachment B I CHAPTER XVII* Chula Vista Nature Center A. Admission Adults (18+) Seniors (55+) Juniors (12-17) Students (18+ with 10) Children (6 -12) Children (under 6) $5.00 $3.00 $3.00 $3.00 $2.00 Free B. Facility Rental Conference. meeting ReceDtion (each 100 DeoDle) Dinner (indoor seatinq) Dinner (outdoor seatinq) Child's Birthday Party Weddinq/ReceDtion $300 $500 $500 $750 $150 $1.500 *Staff is recommendina the addition of Chapter XVII - Nature Center to the Master Fee Schedule. /p- / d- Attachment C CHAPTER VI Police A, ALARMS 1. Alarm Use Permit A nonrefundable fee shall accompany each application for an alarm user permit as follows: a. A fee of weRty dollÐFs ($20.00) twenty-five dollar ($25.00) for residential applications. b. A twenty dollar ($20.00) twenty-five dollar ($25.00) residential renewal fee will be required every twenty-four months. c. In the case of alarm permits for commercial customers, the fees shall be as follows: 1) 2) A fee of forty dollars ($10.00) fiftv dollars ($50.00) A forty dollar ($40.00) fiftv dollars ($50.00)-renewal fee will be required every twenty-four (24) months. [Resolution 17939, effective 7/1/95] &-/3 Attachment C CHAPTER III Animal Control A. DOG LICENSES B. 1. Purchase a. For license expiring one year from date of issue 1) Altered $12.00 2) unaltered $25.00 For license expiring three years from date of issue 1) Altered $23.00 2) unaltered $50.00 b. Any dog license issued pursuant to this section shall be issued for one-half the fees required herein above for any dog if a certificate from a licensed veterinarian is presented or an affidavit is received stating that the dog has been spayed or neutered. For all licenses, the license period cannot exceed the expiration date of the rabies vaccination. 2. Penalty for Late Application/Payment The penalty authorized to be collected for late payment shall be $3.00. 3. License Replacement a. Processing fee in person - $2.00 b. Processing fee by mail - $3.00 4. License Transfer The fee for all types of dog license transfers shall be $5.00. SALE OF DOGS, CATS AND OTHER ANIMALS 1. Shelter Adoctions DOGS CATS RABBITS LIVESTOCK OTHER Adoption Altered $§G$60 $4{)$50 $5ill $3GMQ $5$15 Unaltered $3GMQ $3G$40 $25~ $3GMQ $5$15 Neuter Deposit $40 $40 Soay DeDosit $40 $40 Rabies Shot Deposit $8 N/A 2. Off Site Adoptions Dogs $§G~ Cats $4Gi§Q Rabbits ~MQ ~-/1 Attachment D CHAPTER VII Recreation Programs/Facilities c. Facility Use 1. General Facilities - Use Permit b. Basic Fee FACILTY USE FEE SCHEDULE Facilitv II III IV Per hour Per hour Per hour 1. Parkway Gymnasium a. Gvmnasium $15 $60 $120 2. Parkwav Community Center a. Auditorium/Main Hall $15 $50 $100 b. Classroom $10 $30 $60 c. Dance room $10 $30 $60 d Kitchen facilities $5 $10 $20 3. HeritaQe Community Center a. Auditorium/Main Hall $15 $50 $100 b. Outdoor/staQe $15 $50 $100 c. Craft room $10 $30 $60 d. Kitchen $5 $10 $20 4 Norman Park Senior Center $100 $200 5. Loma Verde Recreation Center a. Auditorium/Assemblv Hall $15 $50 $100 b. Classroom $10 $25 $50 c. Dance room $10 $30 $60 d. Kitchen $5 $10 $20 6. CV Community Youth Center a. Gvmnasium $15 $50 $100 b. Classroom $10 $30 $60 c. Dance room $10 $25 $50 7. CVWoman'sClub $75 $150 8. Other Recreation Facilities a. Memorial Bowl $60 (2 hour $120 minimum) 9. Otav Recreation Center a. Gymnasium llQ i§Q $100 b. Fitness Center Fee for 12 week session Resident Non Resident Adults & Senior m i§Q 14to 18 $15 ~ 10 Swimming Pools RENT STAFF AS NEEDED a. Loma Verde/Full pool $4OOi§QIhrplus Prevailing hourly staff rate /Partial pool $25/hr plus b. Park Way/Full pool $4OOi§Q/hr plus Prevailing hourly staff rate /Partial pool $25/hr plus c. Rental bv ARCO OTC" $25/hr plus Prevailina hourlv staff rate d. Rental bv CVESD or SUHSD" $25/hr plus Prevailino hourlv staff rate [Resolution 18356, effective 7/9/96J '[Reso/ution 18777, effective 9/23/97J "[effective FY99/00J {effective 5/13/03} ¿-/5 Attachment D 3. Ballfields For the Non-Resident surcharge for ballfields, all reservation fee rates listed below will be increased by 100%. Lighted Unlighted a. Reservation Fee $30/hr* $20/hr a. Reservation Fee - partial $15/hr* $10/hr field b. CleaninQ/Securitv Deposit N/A N/A c. Maximum Group Size N/A N/A d. Cancellation Fee Groups that cancel a reservation will be charqed a $5 handlinQ fee. [Resolution 18356, effective 7/9/96J *Additional fee of prevailing staff rate per hour for staff to turn on lights, field preparation requested and turn off lights which will include travel time to site location. $10.00 per hour charged for lighted fields for Youth Sports Council organizations during regular seasoned activities. (p-j/p RESOLUTION NO. RESOLUTION APPROVING CHANGES TO THE MASTER FEE SCHEDULE WHEREAS, Departments reviewed their flat fees in order to update fees to account for significant increases in the cost of providing services; and WHEREAS, the Fire Department is recommending changes to Fire Permit Fees to recover staff time; and WHEREAS, the Nature Center is proposing increases to the Nature Center Admission fee and the implementation of facility rental fees; and WHEREAS, the Police Department is proposing to increase the Security Alarm Permit fee for residential permits from $20 to $25 and for commercial permits from $40 to $50 and a $10 increase to adoption fees for the Animal Shelter to offset the cost of an adoption program; and WHEREAS, the Recreation Department is recommending reducing the Swimming Pool Fee from $100 to $50 for the full pool rental and to establish a partial rental fee of $25 per hour. The Recreation Department is also recommending the implementation of a partial field rental fee of $15 per hour for lighted fields and $10 per hour for unlighted fields; and NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the proposed changes to the Master Fee Schedule. Presented by: Approved as to form by: ~ ~Ar 11~¥~ City Attorney Dan Bentima Nature Center Director ~JR"'~ R c rd . Emerson (p- /1 Police Chief Buck Martin Director of Recreation (p- /6 ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT ITEM NO.: MEETING DATE: 7 05/04/04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONSOLIDATED ANNUAL PLAN FOR FY 2004-05 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG); HOME INVESTMENT PARTNERSHIP (HOME); AMERICAN DREAM DOWN PAYMENT (ADDI); AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS TO FUND THE CONSOLIDATED ANNUAL PLAN IN THE FY 2004-05 PROPOSED BUDGET COMMUNITY DEVELOPMENT DIRECTOR ¿IN\. CITY MANAGER . -f}-r-I 4/5THS VOTE: YES D NO ~ On April 6, 2004, City Council held a public hearing to review and receive public comment on projects and programs being considered for CDBG; HOME; ADDI; and ESG funding. At such time, staff and the accompanying report stated that the Consolidated Annual Plan for FY 2004- 05, identifying the funding priorities, would be considered for approval at the May 4, 2004 Council meeting. Staff is recommending consideration of the Annual Plan and the funding priorities be continued to the May 11, 2004 Council meeting. 7- I J:ICOMMDEVISTAFF.REPIO5-04-04ICDBG Spending Plan 2004-05.doc CITY COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 05/04/04 ITEM TITLE: PUBLIC HEARING: PCM 04-12; Consideration of an amendment to the EastLake III Planned Community Land Use District Regulations and Map to change 19.48 acres from RS2 to RSl-A within a portion of the VR6 Neighborhood. SUBMITTED BY: ORDINANCE: Approving amendments to the EastLake III Planned Community District Regulations and Land Use Districts Map, to change 19.48 acres south of Old Janal Road and west of Crest Lake Drive from RS2 to RSl-A within the Vistas VR6 neighborhood. Director of Planning and Building~ /'t... City ManagerlD ( f'"" ls,\) (4/5 Vote: Yes_No-K.l REVIEWED BY: The applicant, Cornerstone GDCI Chula Vista, LP, has submitted an application to amend the EastLake III Planned Community District Regulations and Land Use District Map to change the land use designation within a portion of the VR6 neighborhood from RS2, Residential Single Family (5,000 sq. ft. lots) to RS1-A Residential Single Family (5,000-6,000 sq. ft. lots). The 19.48-acres area is located south of Old Janal Road and west of Lake Crest Drive (Attachment 1). The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Eastlake III Woods and Vistas Replanning ProgramlFinal Subsequent Environmental Impact Report, EIR 01-01. Thus, no further environmental review or documentation is necessary. RECOMMENDATION: Adopt PCM 04-12, approving the proposed amendments to the EastLake III Planned Community District Regulations based on the fmdings contained in the attached City Council Ordinance. BOARDS AND COMMISSION RECOMMENDATION: On April 14, 2004, the Planning Commission considered the proposed project and, after hearing staffs' and applicant's presentations, approved the project by a 5-0-2 vote, subject to conditions. Ý-f Page2,Item:- Meeting Date: 5/4/04 DISCUSSION: I. Existing Site Characteristics The project involves 19.48 acres within the EastLake III Vistas (VR-6) Planning Area located south of Old Janal Road and west of Lake Crest Drive (see Locator). VR-6 Planning Area was graded in accordance with the EastLake Vistas Grading Plan. The streets are paved with sidewalk and gutter, and all utilities installed. The adjacent neighborhoods are all designated for single family homes and are at various stages of construction. 2. Zoning and Land Use Site Orientation General PC District Existing Land Use Development Plan Site Low Residential RS2 Vacant North Low Residential RS2 Vacant South Low Residential RP2,RE3 Vacant East Low Residential RE2, RE3 Vacant West Low Residential RPI Vacant 3. Proposal The applicant, Cornerstone GDCI Chula Vista, LP, has submitted an application to amend the EastLake III Planned Community Regulations (Table G and Table E) and Land Use District Map (see Exhibit A and B of the attached Ordinance) to change the land use designation of a portion of the VR-6 Planning Area from RS2 to RSI-A. 4. Analysis: In order to provide a residential product not available in the EastLake III Vistas neighborhood, the applicant is proposing to create a new land use designation that is between the existing RS I and RS2, in terms of property development regulations. The proposed land use designation for the subject area is RSI-A. The following table provides a comparison between these three land use designations with the new RS I-A development regulations shown in an underline. feL Page 3, Item: L Meeting Date: 5/4/04 Table E PROPERTY DEVELOPMENT STANDARDS - RS RESIDENTIAL DISTRICTS I ZONING DISTRICT DEVELOPMENT STANDARD RSI I RS2 RSIA Lot Criteria: Minimum lot area (square feet) 6,000 5,000 5,000- 6,000 Maximum lot coverage (%) 50 50 50 Minimum lot depth (feet) 100 100 100 Minimum lot width (feet): -measured at property line' 60 50 50 -flag lot street frontage 20 20 20 -knuckle or cul-de-sac street frontage' 25 25 25 Yards and Setbacks:" Minimum ITont yard setback: -to direct entry garage 20 20 20 -to side entry garage 15 15 12 -to main residence 15 15 15 Minimum rear yard setback (feet)., -to adjacent residential lot 5/10 5/10 5/10 -distance between detached units 10 10 10 -to adjacent residential street (corner lot) 10 10 10 Minimum rear yard setback (feet) . j 20 15 17 Building height (stories/feet): -main building 2/28 2/28 2/28 -accessory building 1/15 1/15 1/15 Parking: -minimum on-site spaces (minimum in garage) 2(2) 2(2) ml -minimum on-street spaces I I 1 -maximum driveway width at curb (feet) 24 24 24 - Side and rear yard setbacks for accessory bUlldmgs (Refer to SectiOn II.3.3 5). 2 The side yard setback for any entry drive trellis or portico may be reduced by 50%. Subject to variance approval. , For cul-de-sacs and knuckles the lot which shall be measured at the ITont setback line. Additional Notes: "Refer to Section II.3.3.4C for allowable building area for each Land Use District. "Refer to Section II.3.3.4F for special setback for Scenic Highways. The original EastLake III Vistas subdivision, which approved 130 single-family lots within this VR6 Planning Area, created a variety oflot sizes within the subject property, ranging from 5,120 sq. ft to 10,468 sq. ft. About 35% of the lots are 5,000 to 6,000 sq. ft. and about 65% of the lots f~ Page 4, Item:- Meeting Date: 5/4/04 are 6,000 to 10,000 square feet. None of the lots are less than 5,000 sq. ft. The average lot area is approximately 6,700 sq. ft. To create enough flexibility and accommodate a residential product not available in EastLake Vistas neighborhood, the proposed RSI-A land use designation, as depicted on the table above, would allow lot sizes ranging from 5,000 sq. ft. to 6,000 sq. ft. with an average lot size of 6,700 sq. ft. The land use designation development regulations are about the same, with the exception of the rear setback proposed at 11', which is in between the RS-l and RS-2 designations, with 20' and 15' rear setback, respectively. The lot width will remain 50 ft., same as in the RS2. Changing the land use designation to larger lot configuration could allow the developer the opportunity to introduce a higher quality design and offer a wider range of residential products in the Vistas Neighborhood. The proposed land use designation change does not change the number of units permitted within the Vistas neighborhood nor the overall permitted density of the SPA. The development remains Low Medium density as designated in the EastLake III General Development Plan and EastLake III SPA. The following table shows the maximum building area difference between the proposed RSl-A and the existing RS2 land use district. Table G SINGLE-F AMIL Y RESIDENTIAL ALLOW ABLE BUILDING AREA ZONING MAXIMUM (FAR) MAXIMUM BUILDING DISTRICT AREA RLI .45 FAR only RL2 .50 8,000 SF RL3 & RL4 .50 6,400 SF REI .50 5,600 SF not to exceed .60 RE2 & RE3 .50 4,500 SF not to exceed .70 RSI & RSI-A .50 3,900 SF not to exceed .70 RS2 .50 3,600 SF not to exceed .70 RPI .55 2,900 SF not to exceed .70 RP2 .55 2,550 SF not to exceed .70 The change will allow for the construction of higher quality homes ranging from 3,549 SF to 3,812 SF. The project will be required to obtain Design Review approval, which will ensure a higher quality product not previously available within the EastLake Vistas neighborhood. f.,-4 Page 5, Item:~ Meeting Date: 5/4/04 5. Conclusion: For the reasons mentioned above, staff recommends approval of the proposed Planned Community District amendments subject to the conditions contained in the attached Ordinance. FISCAL IMP ACT: The applicant has paid for all costs associated with the processing of the proposed amendments and will be responsible for paying corresponding Development Impact fees and other applicable development fees, as they may be amended from time to time. Attachments 1. Locator Map 2. Planning Commission Resolution 3. Disclosure Statement J:IPlanninglStanDlEastlakeIPCM 04-12 VR-6 Rezone PC AmendementlCC Agenda May 4, 04.doc ç~S" FUTURE TOURIST COMMERCIAL SITE CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT PROJECT DESCRIPTION: C9 APPLICANT: VALENCIA AT EASTLAKE VISTAS MISCELLANEOUS PROJECT Request: Proposing to amend Eastlake III PC land ADDRESS: VR-6, Eastlake VIstas use districts map to allow for a change in land use SCALE: I FILE NUMBER: from RS2 to RS1-A within a portion ofVR-6 NORTH No Scale PCM-Q4-12 planninQ area. j:\cherylc\locators\locators04\pcm0412.cdr 03,18,04 ç-~ RESOLUTION NO. PCM-04-l2 A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, TO CHANGE 19.48 ACRES SOUTH OF OLD JAMAL RANCH ROAD AND WEST OF CREST LAKE DRIVE FROM RS2 TO RSl-A WITHIN THE VISTAS VR6 RESIDENTIAL NEIGHBORHOOD- CORNERSTONE COMMUNITIES WHEREAS, a duly verified application for a SPA amendment was filed with the Planning and Building Department on February 24,2004, by Cornerstone Communities ("Developer"); and, WHEREAS, said application requests approval of amendments to the EastLake III Planned Community District Regulations and Land Use Districts Map to create a new Land Use Designation RS I-A, and change the land use designation within a portion of the VR6 neighborhood from RS2 Residential Single Family (5,000 sq. ft. lots) to RSl-A Residential Single Family (5,000-6,000 sq. ft. lots). ("Project); and, WHEREAS, the 19.48-acre project site is located south of Old Jamal Ranch Road and west of Lake Crest Drive within Planning Area VR6 of EastLake III Vistas Neighborhood ("Project Site"); and, WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Eastlake III Woods and Vistas Replanning ProgramlFinal Subsequent Environmental Impact Report, EIR 01-01. Therefore, no further environmental review is required, and no further action is necessary; and, WHEREAS, the Planning Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and it mailing to property owners 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 6;00 p.m., April 14, 2004, 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 Ordinance approving the PC Land Use District Map and Regulations amendments in accordance with the findings and subject to the conditions contained therein. 4rrALHM£Æ-), L P-7 BE IT FURTHER RESOLVED THAT a copy of this ordinance be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of April, 2004, by the following vote, to-wit: AYES: Madrid, Hall, Cortes, Horn, Felber NOES: ABSENT: 0' Nei 11, Castaneda ABSTAIN: ATTEST: ~~~ Diana Vargas, Secretary , ~~.~ Marco Cortes, Vice Chair J:\Planning\StanDlEastlake\PCM 04-12 VR-6 Rezone PC Amendement\PCM 04-12 PC Reso Apr. 14, 04.doc f~f ~\I?- :-~ & Building Department Planning Division I Development Processing planning em OF CHUIÞ. VISTA APPLICATION APPENDIX 8 Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, ,Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial . 'interests, payments, cr campaign contributions for a City of Chula Vista election must be filed. The following iniormation must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier, CornerstoneGDCI Chula Vista, L.P. ,. 2. If any person' identified pursuant to (1) above Is a corporation. or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. Ure Kretowicz ~~chael ~abourin 3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the'Mn-profit organization or as trustee or beneficiary or trustor of the trust. Scott Rollins 4, Please identify every person, including any agents, empioyees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 5. Has' any person' associated with this contract had any financial dealings with an official" of the City of Chuia Vista as it relates to this contract within the past 12 months. Yes- No~ If Yes, briefiy describe the nature of the financial interest the officiai" may have in this contract. 6. Have you mace a contribution of more than $250 within the past twelve (12) months to a current member cf the Chula Vista City Council? No 1.. Yes - If yes, which Council member? 276 Fourth .""enu. Chui:> Vist:> IC:>liiorni:> [91910 2-12 pJj (619) 691,5101 ATTACH~IEJ'.¡¡ 3 ~\/~ -'f'- -- Planning & Building Department Planning Division I Deve!opment Processing cm OF CHUIÂ VISTA APPLICATION APPENDIX B Disclosure Statement - Page 2 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, Ican, etc,) Yes- No-X....- " If Yes, which officiai" and whet was the nature of item provided? Date: 2/23/04 M Signature of Contractor/A. licant Michael J. Sabourin type name of Contractor/Applicant Prir,t cr Person is defined as: any individual, firm, co-partnership, jcir,t venture. association, sccial club. fratemai organization, ccr¡..craticn, estate, trust, receiver, syndicate, any other county, city, municipality, district, cr cther politicai subdivision, -or any other group or combination acting as a unit. Officlai includes, but is not limited to: "Iayor, Council member, Planning Commissioner, Member of a bcard, commission, cr committee of the City, employee, or staff members. 2ï6 Fourth .'venue ChulJ Vi'tJ C-,iilorn;J I 91910 2-13 ?-/O 1619) 691-5101 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE III PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICTS MAP, TO CHANGE 19.48 ACRES SOUTH OF OLD JANAL ROAD AND WEST OF LAKE CREST DRIVE FROM RS2 TO RSl-A WITHIN THE VISTAS VR6 RESIDENTIAL NEIGHBORHOOD I. RECITALS A. Project Site WHEREAS, the area of land which is subject matter of this Ordinance is diagrammatically represented in Exhibit "A" attached hereto and incorporated herein by this reference, and commonly known as EastLake III Planned Community District Regulations and Land Use Districts Map, and for the purpose of general description herein consists of approximately 19.48 acres located south of Old Janal Way and west of Crest Lake Drive ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on February 24, 2004, a duly verified application was filed with the City of Chula Vista Planning Department by The Cornerstone Communities, requesting approval of amendments to the EastLake III Planned Community Districts Regulations and Land Use Districts Map to create a new land use designation RSl-A, and change 19.48 acres ITom RS2 to RSl-A (Project); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of various entitlements, including: 1) a General Plan Amendment, General Development Plan and Sectional Planning Area Plan and associated Design Guidelines, Public Facilities Financing Plan and Comprehensive Affordable Housing Plan previously approved by City Council Resolution No. 2002-220 on July 17, 2001; and 2) Planned Community District Regulations approved by Ordinance No. 2839 on July 24,2001; and D. Environmental Determination WHEREAS the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmèntal Quality Act and has determined that the proposed project was previously covered under the EastLake III Final Subsequent Environmental Impact Report (FSEIR#01-01), thus no further environmental review is necessary; and f "1/ Ordinance Page 2 E. Planning Commission Record on Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 14, 2004, and after staff presentation and public testimony, voted 5-0 to recommend that the City Council approve the Project, in accordance with the findings listed below; and F. City Council Record of Applications WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on May 4, 2004, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and WHEREAS, the City Clerk set the time and place for a hearing on said Planned Community District Regulations amendment application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners within 500 feet of the exterior boundary of the project at least ten-days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 4:00 p.m. May 4, 2004, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine and ordain 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 14, 2004, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceedings. III. CERTIFICATION OF COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was previously covered under the EastLake III Final Subsequent Environmental Impact Report (FSEIR#Ol-Ol), thus no further environmental review is necessary; and, IV. FINDINGS FOR PLANNED COMMUNITY LAND USE DISTRICTS MAP AMENDMENT R -( ,l..; Ordinance 2857 Page 3 The City Council hereby finds that the proposed amendments to the EastLake III Planned Community Districts Map is consistent with the City of Chula Vista General Plan, and will provide the necessary design flexibility to produce optimal site plan solution for each lot based on lot size and shape, location, etc., and more attractive street scene; and that public necessity, convenience, the general welfare and good zoning practice support the amendment. IV. APPROVAL Based on the above, the City Council hereby approves the proposed amendments to the EastLake III Planned Community District Regulations and Land Use District Map as depicted in Exhibit "A" and Exhibit "B"attached hereto. V. CONDITION OF APPROVAL Prior to the issuance of building permits, the applicant shall update the EastLake III SPA Plan and associated documents and maps and submit 24 copies to the satisfaction ofthe Director of Planning and Building. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this Ordinance shall be deemed to be automatically revoked and of no further force and effect ab initio. VII. EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Jim Sandoval Director of Planning and Building !11l9-- ,m ¿ ~ City Attorney rfß I Symbol I Definition SFD min. lot size 20,000 sf SFD min. lot size 13,500 sf SFD min. lot size 10,000 sf SFD min. lot size 8,000 sf SFD min. lot size 7,000 sf SFD min. lot size 6,000 sf SFD min. lot size 5,000 - 6000 sf SFD min. lot size 5,000 sf SFD min. lot size 4,200 sf SFD min. lot size 3,150 sf SFlMulli-Fam. from 8-15 dulac Multi-Family >15 dulac Village Commercial Tourist Commercial Public and Quasi-Public Uses Open Space/Park & Ree. Open Space - passive Community Purpose Facilities Open Space (Poten8al School Paridng) RL1 RL2 RL3& RL4 REi RE2 & RE3 RS1 RS1-A RS2 RP1 RP2 RC RM VC TC PQ , OSJP OS CPF OS-1 No....: 1. Ref8r to tile Planned Community District Regula1lcns text lor œmpletB deflniljons end requirements. 2. Boundaries of Land Use Distrids a", subect ID minor adjustment in tile subdivision plOC8SS without Ionnel amendment I<> this exhibit ~ EASTLA KE III A olanned cammunitv bv The EastLake Comoanv Lower Olay Reser;oir - Area proposed to be amended EXHIBIT A S-/1 Tobie E PROPERTY DEVELOPME'\T ST.\'\).l.RDS - RS RESIDE'\TlAL DISTRICTS ZONING DISTRICT DEVELOPMENT STANDARD RS1 I RS2 I RS1-A Lot Criteria: Minimum lot area (sauare feen 6.000 5.000 5.000-6.000 Maximum lot caveraae °/,;) 50 50 50 : Minimum lot death feet) 100 100 100 Minimum lot width (feet): -measured at property line' 60 50 §Q -flag lot street frontage 20 20 6Q -knuckle or cul-de-sac street frontaae' 25 25 25 Yards and Setbacks:' Minimum front yard setback: -to direct entry garage 20 20 6Q -to side entry garage 15 15 ~ -to main residence 15 15 15 Minimum rear yard setback (fe~~t) . -to adjacent residential lot 5/10 5/10 5/10 -distance between detached units 10 10 1Q -to adiacent residential street (comer iot\ 10 10 10 Minimum rear yard setback feen'" 20 15 17 Building height (stories/feet): -main building 2/28 2/28 2/28 -accessorY buildinn 1/15 1/15 1/15 Parking: -minimum on-site spaces (minimum in garage) 2(2) 2(2) gm -minimum on-street spaces 1 1 1 -maximum drivewav width at curb (feen 24 2-\ 24 Side and rear yard setbacks for accessory bUIldings (Refer to Section 11.3.3-5). 2 The side yard setback for any entry drive trellis or portico may be reduced by 50%. Subject to variance approval. , For cul-de-sacs and knuckles the lot which shall be measured at the front setback line. Additional Notes: 'Refer to Section 11.3.3.4C for allowable building area for each Land Use District. 'Refer to Section iI.3.3.4F for special setback for Scenic Highways. Table G SINGLE-FAMILY RESIDENTIAL ALLOWABLE BUILDING AREA ZONING DISTRICT MAXIMUM (FAR) MAXIMUM BUILDING AREA RL1 .45 FAR only Rl2 .50 8,000 SF RL3 & RL4 .50 6,400 SF RE1 .50 5,600 SF not to exceed .60 RE2 & RE3 .50 4,500 SF not to exceed .70 RS1 & RS1-A .50 3,900 SF not to exceed .70 RS2 .50 3,600 SF not to exceed .70 RP1 .55 2,900 SF not to exceed .70 RP2 .55 2,550 SF not to exceed .70 EXHIBIT B P-/5 COUNCIL AGENDA STATEMENT ItemNo.:~ Meeting Date: 5MLlliI ITEM TITLE: Resolution of the City Council of the City of Chula Vista adopting revisions to the Environmental Review Procedures of the City of Chula Vista. SUBMITTED BY, "=W, "[Plmming""" B"¡I~ REVIEWED BY: CityManager§tDC" (4/5ths Vote: YeL-No---X-) The item before the City Council consists of proposed revisions to the Environmental Review Procedures of the City of Chula Vista that would streamline and standardize the public review period for environmental documents, achieve greater long-term consistency with the CEQA Guidelines, and eliminate an inefficient use ofresources. RECOMMENDATION: That the City Council adopt the proposed revisions to the Environmental Review Procedures of the City of Chula Vista in order to streamline and improve the efficiency and accuracy of the City's environmental review process. BOARDS/COMMISSIONS RECOMMENDATION: Pl"nning rommi..ion On January 28,2004, the Planning Commission voted 5-0-1-0 to recommend that the City Council adopt the proposed revisions to the Environmental Review Procedures of the City of Chula Vista (referred to herein as "procedures"). R".ollIT." ron.P.TVMion rommi..ion On March 15, 2004, the Resource Conservation Commission (RCC) voted 6-0-0-1 to recommend that the City Council not adopt the proposed revisions to the procedures. Their recommendation was based primarily upon the considerations discussed below. The proposed revisions would eliminate public hearings to close the public review period for draft environmental impact reports (EIRs). The RCC recommends that the opportunity that is currently available to the public to provide oral comments on draft EIRs be retained. Pursuant to Section 6.8 of the current procedures, the RCC is not required to review and make recommendations on the adequacy of draft EIRs, but rather it is stated that the RCC "may" do so. The RCC is concerned that with the elimination of public hearings to close the public review 9-1 Page 2, Item No.: l Meeting Date: 5LáLllii period and the lack of a requirement for the RCC to review all draft EIRs, it is possible that in certain cases the public would not be given the opportunity to provide oral comments on a draft EIR. DISCUSSION: Pursuant to §17.02.010 of the Chula Vista Municipal Code, the City Council, from time to time, shall adopt by resolution procedural guidelines to be followed to insure compliance with the California Enviromnental Quality Act (CEQA) and local enviromnental processes. The procedures were adopted by the City Council on February 19, 1974, in accordance with City law and CEQA. Pursuant to §15022 of the CEQA Guidelines, each public agency shall adopt objectives, criteria, and specific procedures consistent with CEQA and the CEQA Guidelines for administering its responsibilities under CEQA, including the preparation of enviromnental documents. The City Council has adopted numerous revisions to the procedures since 1974, primarily to remain consistent with amendments made to the CEQA Guidelines from time to time by the Governor's Office of PI arming and Research. The City's current procedures require the Enviromnental Review Coordinator to periodically review the procedures and make recommendations to the City Council regarding any necessary or desirable revisions. Following a recent review of the current procedures, the Enviromnental Review Coordinator (ERC) concluded that the procedures are out of date and are inconsistent with the current CEQA Guidelines in numerous respects. Therefore, the ERC plans to comprehensively update the procedures for Council's consideration in the near future. As part of this comprehensive update, the role of the Resource Conservation Commission in the enviromnental review process will be assessed. In the meantime, there are several revisions to the procedures that the Enviromnental Review Coordinator feels are warranted in advance of the comprehensive update. These proposed revisions, contained in the Draft City Council Resolution, are discussed below. A comparison of the current procedures and the proposed revisions is presented in Attachment 1. Sp~tion ~ ~ (Pllhli~ Rpvipw) The current procedures do not specify public review period requirements for Negative Declarations and Mitigated Negative Declarations. The proposed revisions would require that the public review period for proposed Negative Declarations and Mitigated Negative Declarations be provided in accordance with §I5I05 of the CEQA Guidelines and any future amendments to that section. Pursuant to §15105 of the CEQA Guidelines, with specific exceptions, the public review period for a Negative Declaration or Mitigated Negative Declaration shall not be less than 20 days and shall not be less than 30 days when submitted to the State Clearinghouse. 9-'¿ Page 3, Item No,: c¡ Meeting Date: 5LiiLlli! S..."tion ~ 7 (Adoption ofNp,gMiv... n...daration or MitigM...d Np,gMiv... n..."hrMion) The current procedures require that a Negative Declaration be presented to the decision making authority a minimum of 1 0 days after it is recommended by the Environmental Review Coordinator and notice is given. Pursuant to §15074 of the CEQA Guidelines, decision making bodies shall consider the proposed Negative Declaration or Mitigated Negative Declaration prior to approving the project. Consistent with the CEQA Guidelines, the proposed revisions would require that a Negative Declaration or Mitigated Negative Declaration be presented to the decision making authority subsequent to the close of the public review period together with the project, rather than at an arbitrary point in time independent of their consideration of the project. The current procedures require that written comments on a proposed Negative Declaration must be received by the decision making authority within 10 days after notice of the Negative Declaration is given. In accordance with §15074 of the CEQA Guidelines, the proposed revisions would require that written comments be provided to the decision making authority together with the Negative Declaration or Mitigated Negative Declaration prior to their consideration of the project. The current procedures state that when written comments on a Negative Declaration are received a minimum of four additional days may be allowed to evaluate the input prior to consideration of the Negative Declaration; this provision is not based upon the requirements of the CEQA Guidelines. In many cases, less than four days is sufficient to prepare adequate responses to comments. The proposed revisions would allow the Environmental Review Coordinator to determine, on a case-by-case basis, the amount of time that is needed to prepare adequate responses to comments; this would eliminate unnecessary delays in the consideration of proposed projects by advisory and decision making authorities. Pllhli" C'.omm...nt. Two members of the public, Laura Hunter of the Environmental Health Coalition and Gabriel Solmer of San Diego BayKeeper, attended the March 15, 2004, Resource Conservation Commission meeting and provided input to the Commission on the proposed revisions to the procedures. Subsequent to this meeting, they submitted a joint letter to the Mayor and City Council dated April 1,2004, outlining their issues and recommendations regarding the proposed revisions (see Attachment 3). Below is a brief discussion of their recommendations regarding the proposed revisions to Section 5.7 of the procedures. Environmental Health Coalition/San Diego BayKeeper Recommendations As outlined in their April I, 2004, letter, the Environmental Health Coalition and San Diego BayKeeper recommend adding the following sentence to the last paragraph of Section 5.7: 9-3 Page4, ItemNo.:L Meeting Date: 5ßWM "Regardless of whether additional time is taken, the decision-making body is required to decide whether to approve the Negative Declaration on the basis of the Initial Study and any public comment received." Pursuant to CEQA Guidelines §l5074, "The decisionmaking body shall adopt the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment..." Section 5.7, paragraph 4 of the current procedures together with the proposed revisions to Section 5.7 adequately address the above-referenced requirements of CEQA Guidelines §l5074. Therefore, staff does not concur with the recommendation to add the above sentence to Section 5.7. S,,~tinn t\ ~ (Pnhli~ R"vip.w nfthp. DT"fi FIR) Public Review Period The current procedures require a minimum 30-day public review period for draft environmental impact reports (EIRs), with the public review period terminating with the closing of a public hearing. Pursuant to §151O5 of the CEQA Guidelines, the public review period for a draft EIR should not be less than 30 days nor longer than 60 days except in unusual circumstances, and when a draft EIR is submitted to the State Clearinghouse the public review period shall not be less than 45 days, unless a shorter period of not less than 30 days is approved by the State Clearinghouse. The CEQA Guidelines do not require a public hearing to terminate the public review period for a draft EIR. The proposed revisions to Section 6.8 would streamline and standardize the public review period for draft EIRs by requiring that the public review period be provided in accordance with §ISIOS of the CEQA Guidelines and any future amendments to that section, Hearing to Close the Public Review Period The current procedures require the public review period for a draft EIR to terminate with the closing of a public hearing held by the Planning Commission (unless the City Council is the final decision making authority and assumes authority to hold the public hearing). The proposed revisions would eliminate the termination of public review periods for draft EIRs through a public hearing, Only very limited public testimony on the adequacy of draft EIRs has been provided during these hearings. The majority of the public testimony that has been provided during these hearings has been directed towards the specific project rather than the adequacy of the draft EIRs. This creates confusion when responding to such comments in the final EIR since the comments are not germane to the EIR. Furthermore, since these public hearings are noticed for the sole purpose of soliciting input on the draft EIR, it is not appropriate for the hearing body to respond to and discuss such issues during the hearing. 9' -If 'Î Page 5, Item No.:---,- Meeting Date: 5MLI!4 Because CEQA requires lead agencies to prepare written responses to all comments received during the established public review period for a draft EIR, all oral comments received must be transcribed so that they can be included in the final EIR. In most cases, oral comments are more difficult to adequately and accurately respond to in comparison to written comments, which tend to be presented with greater clarity and structure. Therefore, standardizing the process so that only written comments on the adequacy of draft EIRs will be accepted will result in a clearer, more accurate written record of public comments and staff responses. It should be noted that it has been the City's policy (and is now required pursuant to recently enacted state legislation) to accept e-mail comments on draft EIRs and to include these comments and responses in [mal EIRs. Pursuant to CEQA, the general public and affected local, state, and federal agencies must be notified of the availability of all draft EIRs for public review and comment. Such public notices must specify the deadline for submitting comments to the City and must also specify the date, time, and place of the first public hearing on the project if known at the time the notice is prepared. The City also includes staff contact information in case a member of the public wishes to find out more about a project or the public hearing process for a project. With the proposed revisions to the procedures, public notices of the availability of draft EIRs would continue to specify the deadline for submitting written comments and provide the staff contact for the EIR. In addition, notices of public hearings would 'continue to notify the public of their opportunities to speak on the project and its accompanying final EIR during the public hearing process. Members of the RCC as well as the Environmental Health Coalition and San Diego BayKeeper have expressed concerns and provided recommendations regarding the proposed revisions to Section 6.8 and related proposed revisions to Section 6.9 (see Attachment 3). RCC Concerns The RCC is concerned that with the elimination of public hearings to close the public review period and the lack of a requirement for the RCC to review all draft EIRs, it is possible that in certain cases the public would not be given the opportunity to orally comment on the adequacy of a draft EIR. The current procedures do not require the RCC to review all draft EIRs in order to avoid project processing delays in the event the RCC does not have a quorum when they are scheduled to make a recommendation on a draft EIR. In such cases, the scheduled public hearings for the project before other recommending and decision making bodies would have to be delayed in order to allow for the RCC to take action on the draft EIR during a subsequent meeting. Despite the lack of a requirement under the current procedures for the RCC to review all draft EIRs, it is extremely rare for the RCC not to make a recommendation on the adequacy of a draft EIR. 9-~ Page 6, Item No.: - Meeting Date: ~ Environmental Health Coalition/San Diego BayKeeper Recommendations The Environmental Health Coalition and San Diego BayKeeper believe that it is imperative that a public hearing be held on draft EIRs by the ultimate decision makers in order to expose them to the issues and concerns important to the community in advance of their final action on projects, especially for "...significant redevelopment, General planning, or master planning projects..." They suggest, at a minimum, either retaining the currènt process or modifying the process so that the public hearing to close the public review period is held by the final decision-making body, rather than the Planning Commission, in advance of their final consideration of the project. For all projects, particularly those with a high level of public interest, decision makers have the ability to conduct public workshops in order to become familiar with the project and to solicit public input in advance of their final consideration of the project. In such cases, decision makers have the ability to discuss and solicit public input on all aspects of a project. In contrast, public input sought through a hearing to close the public review period is limited to those issues that pertain only to the adequacy ofthe draft EIR. The Environmental Health Coalition and San Diego BayKeeper state that the proposed revisions "seem to violate" CEQA Guidelines §15084(c). However, this section of the CEQA Guidelines addresses the preparation of draft EIRs, not comments on completed draft EIRs, which is the subject of Section 6.8 of the procedures. Therefore, their recommendation to delete a portion of Section 6.8 of the procedures in order to comply with a section of the CEQA Guidelines that addresses a different part of the EIR preparation process is not appropriate. Conclusion As stated above, it is staffs opinion that the elimination of public hearings to close the public review period for draft EIRs as well as the opportunity for the public to provide oral comments on the adequacy of draft EIRs would: standardize and streamline the environmental review process; result in a clearer, more accurate written record; and eliminate an inefficient use of resources. By eliminating such hearings, the public would still be provided with adequate opportunities to comment on the adequacy of draft EIRs. Furthermore, decision makers would not be precluded from otherwise conducting public workshops and soliciting public input in advance of their final consideration of a project, as recommended by the Environmental Health Coalition and San Diego BayKeeper. S"r.tion h q (Fin~l FIR) The proposed revisions to Section 6.9 would modify the City's process for certifying EIRs. The current procedures define the process for determining whether the Planning Commission or the City Council will hold the public hearing to close public review and certify the EIR. The current procedures result in the certification of EIRs twice, whereas the CEQA Guidelines only require ¡;-f:, ..:::r Page 7, Item No.: ~ Meeting Date: ~ that EIRs be certified once. For projects requiring the preparation of an ErR, the CEQA Guidelines require advisory and decision making bodies to consider the EIR prior to acting on the project and requires the decision making authority to certify the EIR prior to approving the project. The proposed revisions would eliminate the requirement for the body holding the public hearing to close public review to certify the EIR. Rather, the proposed revisions would require the Environmental Review Coordinator to prepare a final EIR subsequent to the close of the public review period in accordance with the CEQA Guidelines. The final EIR would then be certified by the decision making authority prior to approving the project, consistent with the CEQA Guidelines. Furthermore, the Planning Commission would no longer make recommendations on EIRs for projects that they have no jurisdiction over solely due to the requirement to prepare an EIR. The Planning Commission would make recommendations only on those EIRs prepared for projects for which they are either a recommending or decision making authority. S"dion Ii 1 0 (Pæ",ntotion to n"ci,ion Mol<f>.T') The proposed revision to Section 6.10 would eliminate the reference to the certification of an EIR in advance of the public hearings held by the advisory and decision making bodies. This revision is necessary to achieve internal consistency with the above-described proposed revisions to Section 6.9. roncll1,ion The revisions to the procedures recommended by the Environmental Review Coordinator would streamline and standardize the public review period for environmental documents. The revisions would eliminate an inefficient use of staff, consultant, applicant, Planning Commission and City Council resources associated with hearings to close public review for draft EIRs. With the proposed revisions, the public would still be provided with adequate opportunities to comment on the adequacy of draft EIRs. Furthermore, the recommended revisions would achieve greater long-term consistency with the CEQA Guidelines by referencing applicable sections of the regulations rather than specific requirements since the CEQA Guidelines are revised from time to time and specific regulations are, therefore, subject to change. Therefore, it is staffs recommendation that the City Council adopt the proposed revisions to the procedures. ENVIRONMENTAL IMPACT: The Environmental Review Coordinator has reviewed the proposed activity for compliance with CEQA and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 9-7 -, Page 8, Item No,: ~ Meeting Date: .5L4LlliI. FISCAL IMPACT: The proposed revisions to the City's Environmental Review Procedures would streamline the environmental review process and eliminate an inefficient use of staff resources, thereby enhancing the productivity of City staff involved in this process. A tt""nmf".nts 1. Comparison of Current Environmental Review Procedures and Proposed Revisions 2. Planning Commission Resolution 3. Letter from Environmental Health Coalition and San Diego BayKeeper, April!, 2004 ~-f '() ~ Attachment 1 Comparison of Current Environmental Review Procedures and Proposed Revisions Public Review of Presentation of NO Additional Time Publie Review of Negative Presentation ofNDs Public Comments to Evaluate NO Environmental Impact Certification of Dedarations INDs) to Decision Makers to Decision Makers Publie Comments Renorts ŒIRs) EIRs Minimum of 10 days Minimum of30 days Current No specific after recommendation Within 10 days after Minimumof4 ending with a separate By the body holding Procedures requirements by Environmental notice ofND additional days public hearing to close the public hearing to Review Coordinator is given may be allowed close public review and notice is -iven public review Together with ND, Case-by-case In accordance with CEQA By the decision Proposed In accordance with Subsequent to close prior to detennination by Guidelines (45 days for making body for the Revisions CEQA Guidelines of public review, consideration of Environmental typical EIR), without a project, prior to together with project project Review separate public hearing to project approval Coordinator close Dublic review Attachment 2 RESOLUTION NO. PCM 04-11 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT THE PROPOSED REVISIONS TO THE ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA VISTA. WHEREAS, the City Council adopted the Environmental Review Procedures of the City ofChula Vista on February 19, 1974, in accordance with Chula Vista Ordinance No. 1520 and the California Environmental Quality Act (CEQA) and has subsequently adopted numerous revisions to the Environmental Review Procedures; and WHEREAS, the Environmental Review Procedures establish the duties of the Environmental Review Coordinator, one of which is to periodically review the procedures and make recommendations to the City Council regarding any necessary or desirable revisions; and WHEREAS, the Environmental Review Coordinator has identified a number of revisions that would improve upon the City's environmental review process by streamlining and standardizing the public review period for environmental documents, achieving greater long- term consistency with the CEQA Guidelines, and discontinuing the inefficient use of staff, consultant, applicant, Planning Commission and City Council resources associated with hearings to close public review for ErRs; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with CEQA and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section l506l(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA and no environmental review is necessary; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it does hereby recommend that the City Council adopt the following revisioris to the Environmental Review Procedures of the City of Chula Vista as follows: I. Revise Section 5.5 of the Environmental Review Procedures of the City of Chula Vista, to read as follows: 5.5 Public Review. When the ERC issues an draft Negative Declaration or Mitigated Negative DeclarationNI), it shall be made available for public and agency review at the Planning and Building Department office. Every person who maà0-submitted written comments on the application for an Notice ofIS, all responsible agencies or agencies with jurisdiction by law and the project applicant, shall receive a v:ritt@n sop)' Notice of Availability of the proposed Negative Declaration or Mitigated Negative DeclarationNI). The public review period for the proposed Negative Declaration or Mitigated Negative 9-/0 Declaration shall be provided in accordance with Section 15105 of the CEQA Guidelines and any future amendments to that section. II. Revise Section 5.7 of the Environmental Review Procedures of the City of Chula Vista, to read as follows: 5.7 Adoption ofÞIDNegative Declaration or Mitigated Negative Declaration. The ÞIDNegative Declaration or Mitigated Negative Declaration shall be presented to the decision making authority on the project subsequent to the close of the public review period, a minimum of ten (1 Q) days after it is recollliflel1ded by the ERC and notice is giwn. If no public hearing is to be held, the decision-making authority must consider all written comments on the proposed finding of no significant environmental impact. All written comments relative to said proposed findings must be recei'led by provided by the ERC to the decision making authority together with the Negative Declaration or Mitigated Negative Declaration prior to making a decision on the proiectwithin ten (10) days after the notice is given oftOO-NI;). Ifno written comments are received, the decision making authority may consider the ÞIDNegative Declaration or Mitigated Negative Declaration subsequent to the close of the public reviewafter the ceHlffieRÍ period. If written comments are received, a minimum of four (4) additional àays-time may be allowed prior to consideration of the ÞIDNegative Declaration or Mitigated Negative Declaration for evaluation of any input. III. Revise Section 6.8 of the Environmental Review Procedures of the City ofChula Vista, to read as follows: 6.8 Public Review of the Draft EIR. After issuance by the ERC, copies of the draft ErR shall be distributed to the Resources Conservation Commission, affected agencies and department heads, others with jurisdiction by law, and all responsible agencies when the City ofChula Vista is functioning as the Lead Agency, and copies shall be deposited with the Chula Vista Public Library for check out. The public review period for the draft EIR shall be provided in accordance with Section 15105 of the CEQA Guidelines and any future amendments to tllat section..^. minimum 30 day perioà f.or agency and public re"ie'v shall commence with the issuance of the draft ErR by the ERC. Unless a specific date is oth6rmis6 establis116d by th6 most sU36rior body which Has final d@cision maJrdng authority (".^.ppro"iag Body") as to th6 project, the re'lie'N p6riod shall terminate "lith the elosia¡; Elf a public heariag. Unless either the Planning Commission or the City Colll1cil has specified a date c6rtaia, ([he ERC may specify a longer public review period than is required pursuant to CEQA for full public participation, input and evaluation. During the review period, the ERC shall consult with any agency having jurisdiction by law and persons or groups having special interest. With the exception of testimony at the public 9-/1 hearings on the project, all input on the draft ErR shall be in written form. The Resources Conservation Commission may review the draft EIR and may prepare a recommendation on the adequacy of the draft ErR to the decision making authority. for til@ .\pproying Borlj' and for.yard it te ttl@ ERC. IV. Revise Section 6.9 of the Environmental Review Procedures of the City of Chula Vista, to read as follows: 6.9 Final EIR. Subsequent to the close of the public review period for the draft EIR, a final ErR shall be prepared by the ERC in accordance with Section 15132 of the CEQA Guidelines.+OO Plan:1Íng Cemmissien shall held a publiG hearing te take testimony on the all@quacy of the draft EIR URI@ss the City Council is the .'\pproving Bedy for a given prej@Gt and has oth@r"'is@ assumed authority to holll the puèliG hearing. The City CounGil shall have the right to as&Uffi@ th@ puèliG hearing duty for any prej@Ðt for whieh they are the Appro"ing Boll3' at ¡my tim@ prier te dos\lf@ ef the pUB lie hearing by th@ Planning Cemrnission. Th@ body "'hiÐh hol¡ls the hearing shall B@ herein referred te as "H@aring Body". fer any proj@et f-ür v'hieh the City Council is the .^.pproying Body anll the Plar.ning Cemmission is the Hearing Red:', th@ Planning Commi&sien shall Rot eonlluct a pub lie hearing later than <30 lIays after eemmlmc@m@F!t efth@ puèliÐ reyi@w period or Gentiffil@ a jJubliÐ hearing en a proj@Gt to a ¡lat@ after <30 ¡lays after the eOHlffi@flÐ@m@nt of th@ jJublie r@yi@'" p@riod without tOO aEivane@ eofls@nt oftH@ City Ceuflcil. If no re"isions te tH@ draft EIR are n@Gessary anll fie signifieant input to ta@ ErR is mad@, th@ H@ariflg Bedy may eertify th@ ¡lraft EIR as th@ final EIR in the manner and aeeerdiflg to tll@ staallards jJermitted by lav', aleng with th@ CEQ.^. findings after e/esing the pub lie R@aring. If significant @n"iroillI!@ntai issu@s ar@ rais@d EI\lfing tH@ eonsulting proc@ss er during the public hearing, a r@spcms@ by the City of Clrula Vista er a r@"isien to the draft EIR t@)(t shall b@ pr@par@d by the eensultant er th@ ERC prierte the Hearing Body eonsid@ratien of th@ final EIR. Ta@ H@aring ßeEly shall r@vi@w the recemm@ndation eftae eonsultant and the ER-C, the final EIR, all¡JIlblie input a!HI r@'¡i@'" any eemments from ether ag@nei@s er city d@par+m@nt& en th@ RIP.. Ifth@ H@ariRg Be¡ly finds the r@port has b@@n prepared in . acceràane@ ..'ith the requirements ofthes@ preG@à\lf@s anll Cal. A¡lmiR. Co¡l@, CEQ.^. ef 19?Q, anEi alla¡¡plieaele state læNs, it shall by resolution, so eertify and the Ii:IR shall b@eom@ final. Th@ H@aring Bedy may alse c@rtify the EIR subj@et to re'¡isiens. Ifth@ final EIR is found to hæ¡@ majer inadequaGi@s in light eftHe aeey@ r@quirem@nts, the H@aring ReEly may r@quire that more infeFlRatien b@ iReluEl@d in the final EIR. Ifth@ H@aring Be¡ly is the Plar.ning Cemmissien, a r@qu@&t fer more infermatien in an ErR may b@ a¡¡p@al@d te !h@ City CollllCil within lQ Elays efPlanning Cemmissien aetien. SaiEi a¡¡p@als shall b@ made on forms appro"ed by the ERC and subj@ette the fee in the Mast@r f@@ Sea@dul@. Said ap13eal mu&t B@ bas@d Uf!en ta@ grollRds tlJat the Plar.ning Commission @rre¡l, act@d in abus@ ef Eliseretion, er r@Ej:u@st@EI inappropriate er 1lfIIl0c@ssary submissien ef information. Alla¡¡p@als shall state sp@eifie ebj@etions te the actiefl by the Plar.ning Cemmission and provid@ SHGh infermatiefl as n@G@ssary te substantiate tb@ ap13@al. Th@ City Couneil may 9'/ .l...J certify that the final ElF. was prepared in accordance v'ith CEQ.^., the State CEQA guidelines and these procedures, or upholà a Planning Commission re'luest for more information. V. Revise Section 6.10 of the Environmental Review Procedures of the City of Chula Vista, to read as follows: 6.10 Presentation to Decision Makers. After the final EIR has been prepared by the ERCcertification of the ErR by the Hearing ßeày, or by another Lead Agency, if the City ofChula Vista is a responsible agency, the EIR shall be presented to the recommending and/or decision making authority. The decision making authority shall certifY that the EIR has been completed in compliance with CEQA and the Cal. Admin. Code and that the authority has reviewed and considered the information contained in the ErR prior to consideration of the project. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 28th day of January, 2004, by the following vote, to-wit: AYES: Cortes, Madrid, O'Neill, Hall, Horn, Felber NOES: ABSTAIN: ABSENT: Castaneda ATTEST: ~ Diana Vargas, Secre 9-/.3 Attachment 3 Environmental Health Coalition April 1, 2004 1717 Kettner Blvd., Suite 100 . San Diego, CA 92101 . (619) 235-0281 . FAX: (619) 232-3670 ehc@environmentalhealth.org . www.environmentolhealth.arg .~~ Mayor and City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 ---"._-~"..,,~-~ RE: Environmental H.ealth Coalition and San Diego BayKeeper com~~~\!I~~~~Jt~f~íf\ changes to CEQA ~OhCY, . Ii ¡"j Ii APR - 9 2004 II U Dear Mayor and City CouncIl: IJ c"~-. .-------0 , ~""\"~ 1',' ?LANNiNG Environmental Health Coalition (EHC) and San Diego BaYKeepër WÎSfftö'Ta1re--' our concerns regarding proposed staff changes to the Chula Vista California Environmental Quality Act (CEQA) policy. Most of our recommendations are contained in the attached March 15, 2004 memo from San Diego BayKeeper titled Proposed revisions to the Environmental Review process. - . c 2CO!f Our concerns center on the fact that the staff recommendations reduce the amount of public participation during the CEQA process. We strongly support the City's efforts to date to go above and beyond the minimal requirements in CEQA to allow for a full public review process. There is one issue we believe is especially important. We strongly oppose the staff recommended changes to Section 6.9 that would eliminate a public meeting on the Draft EIR. Instead, we would suggest, at a minimum, either retention of the current process and hearing before the Platming Commission or replace that hearing with a public hearing before the final decision-makers-either the City Councilor the Redevelopment Agency. We believe it is imperative that a public hearing be held, especially for significant redevelopment, General planning, or master planning projects, on the Draft Environmental Impact Reports in front of the ultimate decision-makers. This will give the decision-makers the history and exposure to the issues atld concerns important to the community in advance of the final vote. In closing, we urge you not to reduce your public involvement opportunities. We also think it is very significant that the Resource Conservation Commission voted unanimously to oppose the changes to tile policy. We request notification of any future meetings that address this issue. Thank you for the opportunity to comment on this matter. Q~~¿r ~~ Clean Bay Campaign Associate Attorney, San Diego Baykeeper cc. Chula Vista Planning Commissioners * "'0<"00 """"",",wllh"""",o". ~ 9-11 Date: March 15,2004 11= To: Chair Thomas and Members of the Resource Conservation Commission From: Gabriel Solmer, Associate Attorney, San Diego Baykeeper RE: Proposed Revisions to the Environmental Review Procedures of the City of Chula Vista , , . 0 0 ßAYKEEPER In your Januaq 27, 2004 meeting, proposed changes to Chula Vista's Environmental Review Procedures were discussed. On behalf of San Diego BayKeeper, I have analyzed the relevant sections, and wish to articulate some concerns. Several of the proposed changes do not seem to comport with California Environmental Quality Act (CEQA) guidelines. Others would significantly impact the public's ability to be heard during the review process. Our comments below have a dual function: 1) to corrunent on the proposed changes and 2) to provide recommendations to the Commission regarding the Environmental Review Procedures. A. Section 5.7 (Adoption of a Negative Declaration) Relevant CEOA Guideline section: §15074 Discussion: The current procedures state that when written comments on a Negative Declaration are received, a minimum of four additional days may be allowed prior to consideration of the Negative Declaration for evaluation of the input. The new procedures change "a minimum of 4 days" to "additional time may be allowed". As no specific time frame is mandated by the CEQA guidelines, this change is not too significant, and it is compatible with CEQA. However, what is important is that the procedures reflect the CEQA mandate that decision-makers consider public comments before approving an EIR. Recommendation: Add a sentence to the last paragraph of 5.7 reading: Regardless of whether additional time is taken, the decision-making body is required to decide whether to approve the Negative Declaration on the basis of the Initial Study and any public comment received. Additionally, if there is significant public input, then additional time should be mandated, to give the City time to incorporate such comments. B. Section 6.8 (Public Review of a DEIR) Relevant CEQA Guideline sections: §t5084(c), §15087(e), §15087(i) Discussion: 1. This section eliminates the need to hold a public meeting to close the public comment period. ,'.lthough CEQA strongly encourages public participation, it does not require oral hearings to be provided as a part of the process. Public hearings are encouraged because hearings provide for direct conununication between reviewers and the Lead Agency. Further, the hearings provide an 9-/ S- opportunity for members of the public to learn the concerns of other people testifying about the project. Even though the changes would not viohte CEQA, some language should be included to ellcour'ge the City to hold these meetings. 2. The chmlges here do seem to violate one part of the CEQA guidelines; section 15084(c). The proposed procedure states: "With the exception of testitnony at the public hearings on the project, all input on the draft ErR shall be in written form." 'This is in conflict with section 10584 (c) which reads: Any person, including dle applicant, may submit infonnation or comments to the Lead Agency to assist in the preparation of the draft EIR. The submittal may be presented in any format, including the form of a draft EIR. The Lead Agency must consider all information and comments received. The information or comments may be included in the draft EIR in whole or in part. (emphasis added) Reacting "format" to include oral and written submittals, mandating written input would violate this CEQA gtúdeline. 1. Recommendation: After "The ERC may specify a longer public review period than is required pursuant to CEQA for full public participation, input and evaluation." add "Although not required, public hearings are encouraged because hearings provide for direct communication between reviewers and the Lead Agency." 2. Remove the sentence "With the exception of testitnony at the public hearings on the project, all input on the draft EIR shall be in written form." C. Section 6.9 (Final EIR) Relevant CEOA Guideline sections: §15089, §15090(b), Public ResoUIces Code §21151(c) 1. Discussion: The revised procedures state that a final EIR will be prepared by ERC in accordance with section 15132 of the CEQA Guidelines. That section only lists the contents of an EIR, not the preparation process. Section 15089 deals with the preparation of a final EIR. 2. This section proposes the biggest change. The cru:rent procedru:e allows for the hearing body to certify the ErR before passing it on to the decision-making authority. With the changes, only the decision-making authority will certify the ElK. 'This change is important, because CEQA allows an appeals process through section t5090(b). That section refers to Pnblic Resources Code section 21151, subdivision (c), which provides that where an EIR has been certified by a non-elected decision making body, that certification may be appealed to the agency's elected decision making body, if any. CEQA does not require the "double" certification, hence the changes are legal. However, without the appeals process, one step in the public participation process is lost. The current procedures reflect the City's desire to go above and beyond what is required by CEQA. We strongly agree with the City's current stance and recommend keeping the existing certification structure. Recommendation: 1. Change the section number to reflect the correct Guidelines section. 2. Keep the existing section without changes. 9--/~ Thank you for the opportunity to comment on trus process. I will attend the March 15, 2004 Resource Conservation Commission meeting, and will be available for any questions. Sincerely, Ms. Gabriel Solmer Associate Attorney San Diego BayKeeper 2924 Emerson St, Suite 220 San Diego CA 92106 (619) 758-7744 (office phone) (619) 758-7740 (fax) ¡;abe(ã)sdbaykecper.or¡: 7-17 RESOLUTION NO. 2004-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REVISIONS TO THE ENVIRONMENTAL REVIEW PROCEDURES OF THE CITY OF CHULA VISTA WHEREAS, the City Council adopted the Environmental Review Procedures ofthe City ofChula Vista on February 19, 1974, in accordance with City law and the California Environmental Quality Act (CEQA) and has subsequently adopted numerous revisions to these procedures to insure compliance with the California Environmental Quality Act (CEQA) and local environmental processes in accordance with §17.02.010 of the Chula Vista Municipal Code; and WHEREAS, the Environmental Review Procedures establish the duties of the Environmental Review Coordinator, one of which is to periodically review the procedures and make recommendations to the City Council regarding any necessary or desirable revisions; and WHEREAS, the Environmental Review Coordinator has identified a number of revisions that would improve upon the City's environmental review process by streamlining and standardizing the public review period for environmental documents, achieving greater long- term consistency with the CEQA Guidelines, and discontinuing an inefficient use of staff, consultant, applicant, Planning Commission and City Council resources; and WHEREAS, on January 28, 2004, the Planning Commission voted 5-0-1-0 to recommend that the City Council adopt the proposed revisions to the Environmental Review Procedures; and WHEREAS, on March 15, 2004, the Resource Conservation Commission voted 6-0-0-1 to recommend that the City Council not adopt the proposed revisions to the Environmental Review Procedures; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with CEQA and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061 (b)(3) of the State CEQA Guidelines the activity is not subject to CEQA and no environmental review is necessary; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the following revisions to the Environmental Review Procedures of the City ofChula Vista as follows: I. Revise Section 5.5 of the Environmental Review Procedures of the City of Chula Vista, to read as follows: 9-4 5.5 Public Review. When the ERC issues 8ft draft Negative Declaration or Mitigated Negative DeclarationNl}, it shall be made available for public and agency review at the Planning and Building Department office. Every person who maàe-submitted written comments on the applieatien fer all Notice ofIS, all responsible agencies or agencies with jurisdiction by law and the project applicant, shall receive a '.'fritten copy Notice of Availability of the proposed Negative Declaration or Mitigated Negative DeclarationNl}. The public review period for the proposed Negative Declaration or Mitigated Negative Declaration shall be provided in accordance with Section 15105 of the CEOA Guidelines and anv future amendments to that section. II. Revise Section 5.7 of the Environmental Review Procedures of the City of Chula Vista, to read as follows: 5.7 Adoption ofNPNegative Declaration or Mitigated Negative Declaration. The NPNegative Declaration or Mitigated Negative Declaration shall be presented to the decision making authority on the project together with the Negative Declaration or Mitigated Negative Declaration subsequent to the close of the public review period,a minimOO! Ðften (10) days after it is recommended BY the ERC and Rotiee is giveR. If ne pal3lie hearing is to Be held, tlhe decision-making authority must consider all written comments on the proposed finding of no significant environmental impact. All written comments relative to said proposed findings must be received by provided bv the ERC to the decision making authority together with the Negative Declaration or Mitigated Negative Declaration prior to making a decision on the proiectwithin ten (10) d¡oys after the Rotiee is giyen efthe ND. If no written comments are received, the decision making authority may consider the NPNegative Declaration or Mitigated Negative Declaration subsequent to the close of the public reviewafter the comment period. If written comments are received, a minimum Ðf fear (~) additional àay1rtime may be allowed prior to consideration of the NPNegative Declaration or Mitigated Negative Declaration for evaluation of any input. III. Revise Section 6.8 ofthe Environmental Review Procedures of the City of Chula Vista, to read as follows: 6.8 Public Review of the Draft EIR. After issuance by the ERC, copies of the draft EIR shall be distributed to the Resources Conservation Commission, affected agencies and department heads, others with jurisdiction by law, and all responsible agencies when the City of Chula Vista is functioning as the Lead Agency, and copies shall be deposited with the Chula Vista Public Library for check out. The public review period for the draft EIR shall be provided in accordance with Section 15105 of the CEOA Guidelines and anv future 9 -/9 amendments to that section.f.minimæn 39 day ¡Jeriod fer agency ami ¡Juàlie reyiew shall eeHlIßeHee v:iili ilie isslliIDee of the draft BIR by the ERC. Unless a s¡Jeeifie date is ethefwise established by ilie mast sa¡Jerier bed)' which has final deeision making authority ("l'<¡J¡Jre':ing Boà)") as te the projeet, ilie review ¡Jerfod shall term.inate ",.-ith the elesmg ef a ¡Jl!àlie hearffig. UÐ.less eiilier the PliHJÐ.ing CeHUBissien er the City Couneil has SJeeified a date eertain, tIhe ERC may specify a longer public review period than is required pursuant to CEOA for full public participation, input and evaluation. During the review period, the ERC shall consult with any agency having jurisdiction by law and persons or groups having special interest. With the exception of testimony at the public hearings on the project, all input on the draft EIR shall be in written form. The Resources Conservation Commission may review the draft EIR and may prepare a recommendation on the adequacy of the draft EIR to the decision making authority. fer ilie f.¡J¡Jreying Bed)' and forward it to the BR-C. IV. Revise Section 6.9 of the Environmental Review Procedures of the City of Chula Vista, to read as follows: 6.9 Final EIR. Subsequent to the close of the public review period for the draft EIR. a final EIR shall be ~repared bv the ERC in accordance with Sections 15089 and 15132 ofthe CEOA Guidelines.The Planfling CelHffiission shall held a pl!àlie hearing te take testÍmeny en the ade¡¡lIaey ef ilie draft ErR lHÙess ilie City ColIReil is the f.p¡Jreying Beày for a giveR prej eat and has othefwise asslllRed aHtherity to held the ¡Jublie hearing. The City ColIReil shall have the right te assume the ¡JHblie hearing duty fer any ¡Jrejeet for ','ihieh they are the .-'<¡Jproving Body at any time prior te elosure efilie pl!àlie hearing by the Planning CelHffiissien. The body "l.weh helds ilie hearing shall be herem refeffed to as "Hearing Bed)". Per any project fer whieh ilie City CellHeil is the f<fJpro.¡ing Body aFld the PliHJÐ.ing Coß1ffiission is the Hearing Bedy, the PlæmiRg Commissien shall net een&aet a pHblie hearing later ilian é9 àays after eelflR'leneement efilie pl!àlie reyiew paRed or eentinlle a pll!Jlie hearing en a prejeet te a date after é9 àays after ilie eelHffieaeement of the p\lblie re'¡iew paRed ';:ithe\lt ilie aàvanee eoasent efthe City CellneiL Ifne re'¡isions te the àraft ErR are necessary and ne sigaifieant illJut te the ErR is made, the Hearing Bod)' may eertify the draft BrR as the final BIR in the manner and aeeerœng te tiJ.e stiIDdaràs pefffiitted by law, alellg wiili the CEQ1\ finàings after elosiag the publie hearing. If sigFIii'ieant ew:iroflH!eRtal isslles are raised during tiJ.e eensultiag pF6eess or àuring the pl!àlie hearing, a reSJease by the City of ChIlla Vista or a revisien te ilie àFaFt BrR te¡¡t shall be pr6f!ared by the eens¡¡./tant er the ERC prier to the Hearing Bedy coasiàeratien efilie [mal BIR. The Hearing Bedyshall reyiew the reeemHlendation ef ilie eonsultant aRd the ERC, the [mal EIR, all public illfJut and feviev.' aRY eelflR'leais frem other ageneies or eity departm.eats en the BIR. If ilie Hearing Bedy finds the r6f!ert has been ¡Jr6f!ared in aeeordanee with the reE¡\liremeRts of these preeeàures and Cal. f.àmin. Ceàe, CEQ1\ ef 1979, and all applieable state la',vs, it shall b)' resoilltiell, so certify and ilie ErR shall became fillal. 9- .2./) The HearJig Body may alsa certify the EIR sOOject ta revisioHs. If the fiHal Em is fOlmd to ha'le ma:jar iHat!equacies iH light efthe above reqairements, the HearÎHg Body may require that mere iHf.ermatieH be iRe/tided iH the final EIR. If the HeariHg Bedy is the PlarJiÍBg CemmissiaH, a request for mere iRfefffiatiofl iH an EIR may be l!)'!'Jealed 1e the City Celllleil withiH 10 days afPlar.Hiflg CammissieH aetiafl. Said l!)'!'Jeals shall be made eR forms I!)'!prevet! by the ERC ant! sul3ject to the fee iH the Master Fee Seheè\lie. Said appeallffilst be based UpOfl the grellllds that the Planniflg Colillflissiofl BlTet!, aeted iR abuse ef discretioH, er requested iHI!)'!j'Jrepriate ar IIflFlceessary submissieH ef ÍBfermatieH. 1.11 appeals shall state s'Jeeific ebjectieHs te the aetieH by the PlanniHg CelillflissieH ¡¡¡¡d j'Jrovit!e such iflfermatiefl as Hecessary te saèstantiate the I!)'!peal The City Ce\Ißcil may certify that the fiRal Em was prepared ifl aeeer-d¡¡¡¡ce with CBQ.^., the State CEQf. b~it!eliRes aRt! these procedures, or IffIholt! a PlaHIliHg CemmÍssieH request fer mere iRformatieH. V. Revise Section 6.10 of the Environmental Review Procedures of the City ofChula Vista, to read as follows: 6.10 Presentation to Decision Makers. After the final EIR has been prepared bv the ERCeertificatioH efthe Em by the Heariflg Beèy, or by another Lead Agency, if the City of Chula Vista is a responsible agency, the EIR shall be presented to the recommending and/or decision making authority. The decision making authority shall certify that the EIR has been completed in compliance with CEQA and the Cal. Admin. Code and that the authority has reviewed and considered the information contained in the EIR prior to consideration of the project. Presented by Approved as to form by James D. Sandoval Director of Planning and Building ~c.H~ ,....... Ann Moore City Attorney 9-»