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HomeMy WebLinkAboutAgenda Packet 2004/05/11 CITY COUNCIL AGENDA May 11,2004 7:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~ft- ~ ~.-....:::~~ ............................~ ~~~~ CllY 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 Chola Vista Cable Channel 68. Agendas are available on the City's website at: www.chulavistaca.gov ********** Notice'is hereby given that the Mayor of the City of Chula Vista has called and will convene a Special Meeting of the City Council on Tuesday, May 11, 2004 at 7:00 p.m. to be held in the uncil Chambers, located at 276 Fourth Avenue, Chula Vista, California to cousider the items on this agenda. I declare under penalty of perjury that I a employed by the City of Chula Vista in e Office 01 the City Clerk and that I posted this document on the bulletin bg~i~ding to May 11,2004 BrOWn~req ¡remen... ~ ~ DJted 11 ð Signed CALL TO ORDER aIL 7:00 P.M. ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVE BYERS, DIRECTOR OF PUBLIC WORKS OPERATIONS, AND JACK GRIFFIN, DIRECTOR OF GENERAL SERVICES, PROCLAIMING THE WEEK OF MAY 16 THROUGH MAY 22 AS PUBLIC WORKS WEEK · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO GERI PAGE, PRESIDENT OF THE CHULA VISTA CITIZEN'S CLUB, PROCLAIMING THE MONTH OF MAY AS OLDER AMERICAN'S MONTH · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO VANESSA PRESTON, ON BEHALF OF GERRIE PRESTON, DECLARING MAY AS ALS AWARENESS MONTH CONSENT CALENDAR (Items I through 4) 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 the Public Hearings. 1. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TIME LIMITED PARK.ING ON EAST PALOMAR STREET, BETWEEN MONARCHE DRIVE/SANTA RITA AND MONARCHE DRIVE/SANTA ANDREA STREET Adoption of the resolution approves twenty-minute and one-hour time-limited parking on the south side of East Palomar Street, from Monarche Drive/Santa Rita to Monarche Drive/Santa Andrea Street to serve the parking needs of the mixed-use development in the area. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 2 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE II, NEIGHBORHOOD R-5, THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS, AND A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-5 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-5 On October 23,2001, the Council approved a tentadve subdivision map for Otay Ranch Village 11. Adoption of the resolutions approves the final "B" map, its associated subdivision and supplemental subdivision improvement agreements, and a grant of easements and maintlmance agreement. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 3 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-6, THE ASSOCIATED SUBDIVISION IMPROVEMENT A.GREEMENT FOR THE COMPLETION OF IMPROVEMENTS, AND A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE II, NEIGHBORHOOD R-6 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-6 On October 23, 2001, Council approved a tentative subdivision map for Otay Ranch Village 11. Adoption of the resolutions approve:s the final "B" map, its associated subdivision and supplemental subdivision improvement agreements, a grant of easements and maintenance agreement. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR USED OIL RECYCLING BLOCK GRANT (UBG 10-04) FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, AND AIJTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH ADMn-USTERING THE GRANT Page 2 - Council Agenda May It, 2004 The California Used Oil Enhancement Act requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers. The act mandates that the California Integrated Waste Management Board use a portion of those funds to provide block grants to local governments for used oil programs that encourage used oil and oil filter recycling. Adoption of the resolution approves the application for the grant. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. 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. 5. 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; 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 FISCAL YEAR 2004/2005 PROPOSED BUDGET (Continued from May 4, 2004) The Consolidated Annual Plan identifies a strategy for addressing the needs of the community through the use of funds from these programs. 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 conduct the public hearing and adopt the following resolution: Page 3 - Council Agenda May 11,2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONSOLIDATED ANNUAL PLAN FOR FISCAL YEAR 2004/2005 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT PARTNERSHIP (HOME), AMERICAN DREAM DOWN PAYMENT INITIATIVE (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 FISCAL YEAR 2004/2005 PROPOSED BUDGET 6. CONSIDERATION OF APPROVAL OF ACQUISITION OF CERTAIN RIGHTS-OF- WAY OVER A PORTION OF ASSESSOR'S PARCEL NUMBER 639-080-22 FOR CONSTRUCTION OF THE TELEGRAPH CANYON ROAD STREET WIDENING PROJECT (CY-1O2) (Continued from April 27, 2004) (Director of General Services, City Engineer) Staff recommendation: Council continue the public hearing to a future date. 7. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO SECTION 19.48.020 OF THE CHULA VISTA MUNICIPAL CODE, ELIMINATING THE REQUIREMENT FOR UNIFIED CONTROL OF PROPERTY WITHIN THE P-C ZONE Adoption of the ordinance approves the deletion of a provision from the Municipal Code that currently requires consent of property owners for amendments to sectional planning area plans within the P-C Zone. (Director of Planning and Building) Staff recommendation: Council continue the public hearing to May 18,2004. 8. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN TO ALLOW FOR THE SUBMITTAL OF SECTIONAL PLANNING AREA PLANS ON PROPERTIES COMPRISING OF LESS THAN THE WHOLE OF A VILLAGE Adoption of the resolution approves an amendment to existing provisions within the Otay Ranch General Development Plan to allow the submittal of an application for a sectional planning area plan if the applicant does not control the entirety of a village. (Director of Planning and Building) Staff recommendation: Council continue the public hearing to May 18, 2004. ITEMS PULLED FROM THE CONSENT CALENDAR Page 4 - Council Agenda May 11,2004 OTHER BUSINESS 9. CITY MANAGER'S REPORTS 10. MAYOR'S REPORTS . Consideration of appointment of two City Council Members to the Urban Core Specific Plan Advisory Committee. 11. COUNCIL COMMENTS . Deputy Mayor Salas: Consideration of the Council to take a position to oppose the Federal CLEAR Act. 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). 12. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) Agency negotiators: David Rowlands, Jr., Sid Morris, David Huard Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance 13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Application of SDG&E for Authority to Update its Gas and Electric Revenue Requirement and Base Rates (Doc. Nos. A-02-l2-27, A-02-12-028, and 103-03- 016) ADJOURNMENT to the Regular Meeting of May 18, 2004, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting on May 19, 2004 at 6:00 p.m. in the Council Chambers. Page 5 - Council Agenda May 11,2004 COUNCIL AGENDA STATEMENT Item -L Meeting Date 5/11/04 ITEM TITLE: Resolution establishing Time Limited Parking on East Palomar Street between Monarche Drive/Santa Rita and Monarche Drive/Santa Andrea Street SUBMITTED BY: Director of Ge~ Services / City Engineer ~ City Managej:tJ (4/5ths Vote: Yes- NolL) REVIEWED BY: The City's Planning Division has requested that a combination of20-minute and I-hour time limited parking be established on the south side of East Palomar Street from Monarche Drive/Santa Rita to Monarche Drive/Santa Andrea Street to serve the parking needs of the mixed-use development in the area. RECOMMENDATION: That Council adopt the resolution. BOARDS AND COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting of April 8, 2004, voted to concur with staffs recommendation for time limited parking along the south side of East Palomar Street in this area. DISCUSSION: Planning Division staffhave received complaints from several storefront business owners along the subject segment of East Palomar Street regarding inappropriate use of the on-street diagonal parking spaces fronting their businesses. Employees of the Sharp Rees-Stealy Medical Clinic, located west ofMonarche Drive/Santa Andrea Street, habitually park in the diagonal spaces rather than using the large parking lot designated for that purpose located behind the medical complex. Residents of the Pinnacle Apartments have also been parking in the diagonal parking spaces overnight. As a result, a number of storefront business owners have taken the initiative to install signage and painted curbs for time limited parking adjacent to their businesses. To best serve the short-term parking needs of the businesses in the area, staff proposes dividing the fifty-nine (59) on-street diagonal parking spaces along the south side of the street into a group of eighteen (18) one-hour spaces in the center of the project with the remaining forty-one (41) spaces having 20-minute designations (see Attachment I). A majority of the business owners affected by the on-street parking approve of this proposal (Attachment 2). Upon approval of the proposed time limited parking by City Council, Schedule VI of the register maintained in the office of the City Engineer will be revised to include the following information: I-I Page 2, Item-L Meeting Date 5/11/04 Schedule VI - Parking Time Limited on Certain Streets Side of Length of Name of Street Beginning At Ending At Street Time Permitted Monarche Dr.! Santa Mid-block East Palomar St. Rita Crosswalk (500' South 20 Minute East of Santa Rita) East Palomar St. Mid-block Crosswalk 250' West of Santa South 1 Hour (500' East of Santa Rita) Andrea St. East Palomar St. 250' West of Santa Monarche Dr.!Santa South 20 Minute Andrea St. Andrea St. FISCAL IMPACT: There is no impact to the General Fund. The Heritage Town Center developer will provide and install necessary signing. Attachments: I. Illustration of Proposed Time Limited Parking on East Palomar Street 2. Petition signatures from Area Business Owners J:\EngineerIAGENDAIE Palomar Time Limit Pkg.sm.cb.doc /--2- -I <[ I- a:: <[ I- Z <[ V1 "- W > æ <=> W I U a:: <[ z 0 :>: ¡- Z w ~ 1.: 0 <t: ~ PROPOSED TIME LIMITED PARKING EAST PALOMAR STREET " . VI VI 0 Ò h f: ü 0 :¡¡ -h >: ON ~ I~ t;; "- <[ w a:: <=> z <[ <[ I- Z <[ V> "- W ~ '" Q W I U '" <[ Z 0 :>: 26 Parking Spaces 20-Minute Mixed-use COMME'rcicl/Residenticd 18 Parking Spaces I-Hour 15 Parking Spaces 20-Minute Sharp Rpes-S Medico.l CoMplex j'\Engineer\Agenda \E PaloMar Parking Exhibit,dwg ATTACHMEN"T L TO ALL HERITAGE TOWN CENTER MERCHANTS: ø-(h The Chula Vista Safety Commission is holding a meeting on Thursday April~2004 at 6:00 pm the Commission Chambers regarding limited parking assignments in front of Heritage Town Center. Please take a look at the attached map provided by the City of Chula Vista outlining the proposed time limits to parking spaces in front of the center. If you agree to these changes please sign this form below including the name, address and phone number of your business. Be sure to check the box "APPROVE". If you disagree with this proposal please sign this form below including the name, address and phone number of your business. Be sure to check the box "DISAPPROVE". You are also encouraged to attend the Safety Commission meeting being held on the date above. For more information call Susan Mahalka at the City ofChuia Vista Traffic Engineering Dept. at 619-691-5026. Name \(ò6e{l..t ~A¡:;W< RJJ~ Signature Company Name (,.,/n(A'v,t t.1"'~J/-cr¡ 5 Address 1?'1"Z. ;: f,,/ø,o¡//-!-fl Sf. ttZIS ~PROVE THIS PROP("~ I DISAPPROVE OF THIS PROP ASAL ðo¡{o p/ Phone 611- ]1'1{ .Q<1~ Name Phone¡;19~'S6~6J73. t/6..VIJ-kJ Ø- c¡ /Ii I j . fi13 Name ~ ~\C<.V'\~e- SIgnature Company Name W~"S iJ. (";'~51e'S. Address I ~C¡.:2 . £.' Pti C?r--Ll r 5+ PhOn((OIQ) ~;q1-':5944 c.i-tvfq l;ì",~o, CI'1 C:¡1'1( ~ ,:>vÎ-t-e. Ç°:s, ~ APPROVF THIS PRopnSA LÞ [ DISAPPROVE OF THIS PROP ASAL /-1/ Name A. Phone_qc¡-¡. 0161 w Signatu c::::::::íAPPROVE THIS PROPO~ I DISAPPROVE OF THIS PROPASAL Name krlL?hñ n¿¡~{) Signature tg¡~"-- Company Name art-<wfe Phone v"lC( li '6 q(p~ Address f 3Ci 2... ePOlOvYìor~. -:;te ?O~ Name / Signature ,- e~(Ja;¡"'f1J Signature ~~ '7lfd.~êU MfJð ) Company Name clJu'~ e.rr~hone úf'C1 9'34 9~ð-~ Address /39é).. E ¡J/!Zò rY1.¥Z "'-f /' ê.. tI, C'A 9/Cf-/3 ( Cï APPROVE THIS PROPõšÃb I DISAPPROVE OF THIS PROPASAL :;:~~ Company Name C Phone LfJ. \ - ~33 3- Address ß1~ ~. ~o..\OM({\ Sf. ~t¡d.f c::rAPPROVE THIS PROPOSÃi:::> I DISAPPROVE OF THIS PROP ASAL /-:;- RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING TIME LIMITED PARKING ON EAST PALOMAR STREET BETWEEN MONARCHE DRIVE/SANTA RITA AND MONARCHE DRIVE/SANTA ANDREA STREET WHEREAS, the City's Planning Division has received complaints from several storefront business owners along East Palomar Street from Monarche Drive/Santa Rita to Monarche Drive/Santa Andrea Street regarding inappropriate use of the on-street diagonal parking spaces fronting their businesses; and WHEREAS, employees of the Sharp Rees-Stealy Medical Clinic, located west of Monarche Drive/Santa Andrea Street, habitually park in the diagonal spaces rather than using the large parking lot designated for employee parking, which is located on the other side of the medical complex; and WHEREAS, to best serve the short-term parking needs of the businesses in the area, staff proposes dividing the fifty-nine (59) on-street diagonal parking spaces along the south side of the street into a group of eighteen (18) one-hour spaces in the center of the project with the remaining forty-one (41) spaces having 20-minute designations; and WHEREAS, a majority of the business owners affected by the on-street parking approve of this proposal; and WHEREAS, the Safety Commission, at their meeting of April 8, 2004, voted to concur with staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby establish time-limited parking on the south side of East Palomar Street between Monarche Drive/Santa Rita and Monarche Drive/Santa Andrea Street and amends Schedule VI ofthe register maintained in the Office of the City Engineer as follows: Schedule VI - Parking Time Limited on Certain Streets Name of Street Beginning At Ending At Side of Length of Street Time Pennitted East Palomar St. Monarche Dr.! Santa Rita Mid-block Crosswalk (500' South 20 minutes East of Santa Rita) East Palomar St. Mid-block Crosswalk (500' 250' West of Santa South I hour East of Santa Rita) Andrea St. East Palomar St. 250' West of Santa Monarche Dr.!Santa South 20 minutes Andrea St. Andrea St. /-b Presented by: Approved as to form by: ---=cc.- 7., ~ ~ .-- Jack Griffin Director of General Services Ann Moore City Attorney attorneylresolstreet/Time-limited parking E Palomar. doc /-7 COUNCIL AGENDA STATEMENT Item~ Meeting Date 5/11/04 ITEM TITLE: Resolution Approving the Final Map of Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-5; and approving the associated Subdivision Improvement Agreement for the completion of improvements; and approving a Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-5. Resolution Approving the Grant of Easements and Maintenance Agreement for Chula Vista Tract 01-11, Otay Ranch Village 11, Neighborhood R-5. SUBMITTED BY: Director of General Services / City Engineer~ REVIEWED BY: City Manager £J (4/5ths Vote: Yes- No-.X...J On October 23, 2001 Council approved a Tentative Subdivision Map for Otay Ranch Village 11. Staff proposes that Council now consider approval of the Final "B" Map, and its associated Subdivision and Supplemental Subdivision Improvement Agreements, and a Grant of Easements and Maintenance Agreement that will allow the project to proceed. RECOMMENDATION: That City Council adopt the Resolutions. BOARDS AND COMMISSIONS: N/A DISCUSSION: Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-5 is a 7.l22-acre project generally located south of Eastlake Greens within the area commonly known as Windingwalk. The project consists of 34 residential lots, and 3 lots for private common facilities (see Attachment I). The Tentative Map was approved October 23,2001 (Resolution No. 2001-364). 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 developer, Brookfield Shea Otay, LLC, has already paid all applicable fees. Council approval of the Final Map will constitute: Acceptance by the City of the public streets. Acknowledgment of the Irrevocable Offer of Dedication of Fee Interest for open space and other public purposes within the subdivision granted on the map. Acceptance by the City of the landscape buffer easement. ~ -/ Page 2, Item ,~ Meeting Date 5/11/04 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. 2001-364. 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 -Hikers Trail Drive and Copper Penny Drive- 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 01-01, Otay Ranch Village 11, Neighborhood R-5 Attachment 2: Developer's Disclosure Statement Exhibit A: Subdivision Improvement Agreement Exhibit B: Supplemental Subdivision Improvement Agreement Exhibit C: Grant of Easements & Maintenance Agreement LP File No. OR617F j,IEngine"ILANDDEV\ProjectsIOtay Ranch Vi11age 11 IR5IR-5 CAS.cb.doc 4/26/2004 t I ,20M AM ..2-2 CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-5 An ACHMENl _I II HUNSAKER ~ & ASSOCIATES SAN DIECo, INO 0 800 1600 ~-- SCALE 1"= 800' ~ 2<00 ~ PlANNING 1OV9 H""""..., 5"", ENGINEERING S,"D.go.c.92'21 -< -'3 SURVEYING PHI8561558.4500. 'X(8561558."" R:\O4J3\&:Map\AX R-5 CITY OVfRLA~dwg[ 1275]Apr-O3-2004:13:15 - w.o. 61-393 City of Chula Vista Disclosure Statement AnACHMEI\IT_~ Pursuant to Council Policy 101-0 I, 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 discloS\lI"e of certain ownership or financial interests, payments, or campaign contributions for a City of Chuhi Vista election must be filed. The following infonnation must be disclosed: I. List the names of all persons having a financial interest in the' property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ~ ~ L,;......;re,.:> +kr~.'f' ~6""-"'::>~O ~; I!>(...O ¡...-ID-\tas ~ew- ~ ~ u-c.. 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. é~ A~) ~ H:r-\6$ ~iec..Ç> ~ \-'-c.. - 1:5O"t. ~ i:. ..::.¡JôO+ i.... \00'1'.. OWNED .~'(' ~~;eu::> -.:I oie-"",,c HOu::i!>l!t':> t..\..C 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. N/A I 4. Please identify every person, including any agents, employees, consultants, or indepençlent contractors you have assigned to represent you before the City in this matter. .J~ \J~ .,jo-\"'" -:.,,~ p"",-,,- \3.<"..,Nf7j A~;'" A v ;~p~= ¡e"""", , ,...,~,..,) 5. F~i<'- cþ~¡,.¡s...( \~ "*=1 ~ !.Of' 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~ øZ-'f City of Chula Vista Disclosure Statement If Yes, briefly describe the nature of the financial interest the official"" may have in this contract. N/A' I 6. Have you made a contribution of more th~n $250 within the past twelve (12) months to a current member of the Chula Vista City Council? N°bYes - If yes, which Council member? 7. Have you provided more than $340 (or an item ofequival~nt value) to an official"" of the City ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes - No ¥- If Yes, which official" and what was the nature of item provided? Date: ¡/I~ /uJ I Si ature of Contractor/Applicant ~4.. 6, ~"'l-e Print or type name of Contractor/Applicant Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, colJJoration, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or cornbination acting as a unit. "" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. Jc'AMm,v,lonm,d;,do,u" ,,"'mom 3-6-03 .;;; - s- ¡-;;- ~ Shea Otay Village 11, LLC is owned by: Shea Homes Limited Partnership - 100% Shea Homes Limited Partnership is owned by: J.F. Shea LLC - 20.8332% ~--Sheall1veSlrrrent Partners - 3-:077741%- Tahoe Partnership I - 3.423687% Balboa Partnership - 2.781343% Virginia Road LLC - 20.297516% Bay Front Drive LLC - 12.940864% Claire Shea Trust - .00064% Orlando Road LLC - 33.516151 % John F. Shea Family Trust John F. Shea Trustee - 3.12786% J.F. Shea LLC is owned by: JFS Management LLC - 4% J.F. Shea Co., Inc. - 96% ';¿-(o RESOLUTION NO. 2004-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-5; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11 WHEREAS, the developer, Brookfield Shea Otay LLC has submitted a final map for Otay Ranch Village 11, Neighborhood R-5; and WHEREAS, the developer has executed a Subdivision Improvement Agreement to install public facilities associated with the project; and WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 2001-364. 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 01-11, Otay Ranch Village 11, Neighborhood R-5, and more particularly described as follows: Being a subdivision of Lot 2 of Chula Vista Tract No. 0 I-II Otay Ranch Village II "A" Map No.2, in the City of Chula Vista, State of California, according to map thereof No. 14780 filed in the Office of the County Recorder of San Diego County on April 30, 2004: Area: 7.122 Acres No. of Lots: 37 Numbered Lots: 34 Lettered Lots: 3 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, that the City Council accepts on behalf of the public the public streets, to-wit: Copper Penny Drive and Hikers Trail Drive, and said streets are hereby declared to be public streets and dedicated to the public use all as shown on Otay Ranch Village 11, Neighborhood R-5 within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A" through "c" for open space and other public purposes all as shown on Otay Ranch Village 11 Neighborhood R-5 within said subdivision. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the landscape buffer easement as shown on Otay Ranch Village 11, Neighborhood R-5 within said subdivision. ..,),~7 Resolution 2004-- Page 2 BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby approve certain Subdivision Improvement Agreement dated May II, 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. 01-11, Otay Ranch Village II, Neighborhood R-5, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated, and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged, and that the easement as granted on Otay Ranch Village 11, Neighborhood R-5 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 !~(~ City Attorney ),IEnginmILANDDEVIProjectsIOtay Ranch Village IIIR51Reso RS.doc -z-p 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 /~^~~ C Moore City Attorney Dated: S ;- t( -61 Approving the Associated Subdivision Improvement Agreement for completion of improvements For Chula Vista Tract No. 01-11, Otay Ranch Village II, Neighborhood R-5 ~-7 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this - day of , 2004, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", BROOKFIELD SHEA OTAY, LLC, a California limited liability company, 12865 Pointe Del Mar, Suite 200, Del Mar, CA, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTA Y RANCH VILLAGE II NEIGHBORHOOD R-5 (CVT 01-11) 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 requirernents of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will -1- ,;¿ install and complete, at Subdivider's own expense, all the public improvement work required by City in connection' with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the 23rd day of October, 200 I ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 03144-01 through 03144-05, and inclusive, on file in the omce of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of SEVEN HUNDRED NINE THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS ($709,700.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the tenDs, conditions and requirements of the Tentative Map Resolution; to do and perfonn or cause to be done and perfonned, at its own expense, without cost to City, in a good and workmarùike 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 fÛrnish 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 pennanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such -2- :z -II 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 of THREE HUNDRED FIFTY FOUR THOUSAND EIGHT HUNDRED FIFTY NO CENTS ($354,850.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THREE HUNDRED FIFTY FOUR" THOUSAND EIGHT HUNDRED FIFTY AND NO CENTS ($354,850.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SIX THOUSAND DOLLARS AND NO CENTS ($6,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "c" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said 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- ,;¿ -/ ..J... 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 [mal 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 systerns. The approval of plans providing for any or all of these conditions shall not constitute the asswnption 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- ~'13 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and emproyees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. 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 determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, pe=it 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 fo= approved by the City Attorney. -5- -< -/tf SIGNATURE PAGE ONE OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-5 (CVT 01-11) 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 Stephen C. Padilla Mayor ATTEST: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney -6- -:? -/:.;,- SIGNATURE PAGE TWO OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-5 (CVT 01-11) BROOKFIELD SHEA OT A Y, LLC, a California Limited Liability Company By: Brookfield Otay LLC, :~'l'W~' \tL';~ 1r~Y' M=:: 4': ¿{¿!! ~; ~~ Name: STEP~~~i:~~?YLE Name: eo ~..í'.. ik./ By: Shea Otay Village 11, a California Limited Liability Company, Member By: Shea Homes Limited Partnership, a California Limited Partnership, its Sole Member By: J.F. Sh~a LLC, a De1zlware Limited Liability com~panY~s~eneral~er By: .ju{ ,~~ By: ~ ~ ~ ¿;...-- ¡/ Name: ¡; (; cC;/"Lx:iermcr () - Name: \ ~ lr .A ì<; V Øf w1c."( (Attach Notary Acknowledgment) -7- e.2-/~ LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $354,850.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $354,850.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $6,000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:\EngineecILANDDEVIPwjects\Otay Ranch Village 1I\R5\R5 SlAdoc -8- -< -/7 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT County of San Diego }ss. State of California On April 20, 2004, before me, Colette Kavanagh, Notary Public, personally appeared E. Dale Gleed and Stephen P. Doyle, ~-........ ' - 1 ~, COlEn-" KAVANi>.GH - (';omm;o5;00t'1317084 ~ No,ar)' P'J;,ii~ - C.;ifumí" ~ San Diego COU~!y .i\. ~i.C"m.,m. f-"P.íÆoS. Se..PS,.2cœ .~",_...",.." personally known to me to be the person whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. c:. ~~ <:>- ~ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may provo valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity Claimed by Signer Right Thumbprint of Signer Signer's Name: 0 Individual 0 Corporate Officer - Title: Vice President 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: T'p"~'mbh.re Signer is Representing: ?,¡f/ c::oo:: c, State of California ) ) S.S. County of San Diego) On April 20, 2004, before me, Elizabeth G. Blust, Notary Public, personally appeared John B. Vance and Teri Shusterman, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. c - - - -EL~;;.;U;~~ ~ Comml..ion" 1361322 z ~. Notary Public - California! ) San Diego County i - - - ~.:o:m._~I81.!':17.:.~ WITNESS my hand and official seal. Executed in Triplicate - The Remainder of this Page is Blank- ~ 1 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 ~~,f1F~ Min Moore City Attorney Dated: S" ...- i -[) tf Approving the Supplemental Subdivision Improvement Agreement for Chu1a Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-5 -? -.) 0 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth. Avenue Chula Vista, CA 91910 Above Space for Recorder's Use OR-617F SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-5 CHULA VISTA TRACT NO. 01-11 (Conditions 1-6, 8, 9, 12, 13, 22, 40, 60, 145, 172-175, 203-205 of Resolution 2001-364) This Supplemental Subdi vision Improvement Agreement ("Agreement") i.s made this day of , 2004, by and between THE CITY OF CHULA VISTA, California ("Ci ty" for recording purposes only) and the signatories to this Agreement, BROOKFIELD SHEA OTAY, LLC, a California Limited Liability Corporation ("Developer" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is approved Tentative Subdivision Map Chula Vista Tract 01-11 Otay Ranch Village Eleven and is commonly known as Windingwalk. For purposes of this Agreement the term "project" shall also mean "Property". 1 ~ .)./ S. "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. C. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-11 ("Tentative Subdivision Map" or "Tentative Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2001-364 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. . E. Developer has requested the approval of a "S" Map for th~ Project ("Final Map"). Certain conditions of approval of the Tentative Subdivision Map requires Developer to enter into an agreement with the City prior to approval of the Final Map for the Project. F. City is willing, on the premises, security, terms and condi tions herein contained to approve the Final Map for 'which Developer has applied and Developer has agreed to the terms and conditions set forth herein. G. All the terms of the Supplemental Subdivision Improvement Agreement for Otay Ranch Village 11, "Au Map No.1 adopted by Resolution 2003-075 and the supplemental subdivision improvement agreement for Otay Ranch Village Eleven "Au Map No.2, approved by Resolution 2004~107, remain in full force and effect. H. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. "Complete Construction" shall mean that the construction of the improvements have been completed and have been inspected and accepted by the City. b. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. c. "SPA Plan" means the Otay Ranch Village Eleven Sectional Planning Area Plan as adopted by the City Council on October 23, 2001 pursuant to Resolution No. 2001-363. d. "PFFP" means the Otay Ranch Village Eleven Public 2 ;2, ,- -2 2.. Facilities Financing Plan adopted by Resolution No. 2001-363, and as may be further amended from time to time. e. "FSEIR 01-02" means Final. Subsequent Environmental Impact Report and its attendant Addendum for the Otay Ranch General Development Plan Amendments/Village Eleven Sectional Area Plan and Conceptual Tentative Map. f. ", Improvement Plans" means all the onsi te 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, ~eclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigation, fencing and fire hydrants. NOW, THEREFOR~, in exchange for the mutual covenants, terms and conditions herein contained, the par.t:~es agree as set forth below. 1. Agre~e~t Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with t}¡.e Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit o~ the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. 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 3 ø('.~3 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, 'hQwever, 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. Partia1 Re1ease of Deve1oper's Assign~es. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its' assignee, the City shall release the assignee' of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the 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. Re1ease of Individua1 Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manaqer (or Manager's designee), have the right to release any lot (s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as idéntified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the Ci ty 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 4 ..¿ -~ L{ Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No. 1 - (Agreement' to all terms, covenants and conditions). In satisfaction of Condition No.1 of the Resolution, Developer agrees to all o.f the terms, covenants and conditions contained herein shall that binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. Condi tion No.2 - (Requirements and guidelines). In satisfaction of Condition No.2 of the Resolution, Developer agrees to comply with all requirements 'and guidelines of the City of Chula. Vista General Plan; the City'.s Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase I and! Phase 2; Ranch Wide Atfordable Housing Plan; Otay Ranch Overall Design Plan; FSEIR # 01,-02; Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan and supporting documents including: Village Eleven Public Facilities Finance Plan; Village Eleven Parks, R~creation, Open Space and Trails Plan; Village Eleven SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of.the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of ,the City Manager, however, 'any material modifications shall be subject to approval by the City Council. 4. Condition No.3 (City's Right to Revoke or Modify Approvals). In, satisfaction of Condition No.3 of the Resolution, if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance. with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 5. Condi tion No.4 - (Hold Ci ty Harmless) . In satisfaction of Condition No.4 of the Resolution, Developer agrees to indemnify, protect, defend and hold the City harmless 5 ,;¿ - ..< S- from and against any and all claims, liabilities and costs, including attorney's fees, ariSing from challenges to the Environmental Impact' Report and subsequent' environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 6. Condi tion No.5 - (Comply ,with SPA Conditions). In satisfaction of Condition No.5 of the Resolution, the' Developer agrees to comply with all applicable Village Eleven SPA conditions of approval, (PCM 99-15) as may' be amended from time to time. Develòper further agrees as follows: a. To implement the final Qtay Ranch Village Eleven Air Quality Improvement Plan (AQŒP) approved measures and includ'e the measures as part of the proj ect. The Developer further: ' i. Agrees to comply and remain in compliance with the i AQIP; ii. Waives any claim that, adoption of the final AQIP constitutes an imprope¡;: suDsequent imposition of the condition; iii. ,., Acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures rel'ated to new development as vàrious technologies ,and/or programs change or become available; and ' iv. Agrees prior to or concurrent with each Final Map for the Project to modifY the AQIP to incorporate those new measures, which are in effect at the time. Developer further acknowleçlges that the new measures shall apply, as applicable, to development within all futur~ final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect of the subject new measures. b. To implement the final Otay Ranch Village Eleven Water Conservation Plan (WCP) approved measures and include the measures as part of the Project. The Developer further: i. Agrees to comply and remain in compliance with the WCP; ii. Waives any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition; iii. Acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each final map for the Project to modify the WCP to incorporate those new 6 , - ) I ~ -<:0 measures, which are in effect at the time" Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those 'areas which received final map approval prior to effect of the subject measures. 7 . Condi tion No.8 (Consistency with Land Offer Agreement). In satisfaction of Condition No.8 of the Resolution, the Developer agrees that the terms, conditions and time limits associated with this tentative map shall be consistent with the Land Offer Agreement approved by Resolution No. 2000-116 by the Ci ty Council on April 11, 2000 ("Land Offer Agreement") and as amended on August 7, 2001. The Developer and City of Chula"Vista hereby agrees to comply with the provisions of the, L'and Offer Agreement and all Amendments thereto, and to remain in compliance with the entire Land Offer Agreement and Amendments for the life of' 'the Agreement. ' 8. Condition No.9 - (Participate in Reserve Fund). In satisfaction of Condition No.9 of the Resolution, the Developer acknowledges and agrees that a reserve fund program has been established by Resolution No. 18288 for the funding of the ~iscal Impact of New Development (F.I.N.D.) Model for the Otay Ranch Project. The Developer agrees to provide funds to the Reserve Fund as required by the Reserve Fund Program. 9. Condi tion No. 12 (Olympic Parkway Agreement). In satisfaction of Condition No. 12 of the Resolution, Developer hereby agrees that if any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control. 10. Condition No. 13 - (Environmental). In satisfaction of Condition No. 13 of the Resolution, Developer hereby agr~es, to implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 01-02 (SCH#2001031120) , the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 01-02) for this Project. 11. Condition No. 22 (Otay Ranch Preserve). In satisfaction of Condition No. 22 of the Resolution, the Developer agrees to convey fee title, or upon the consent of the Preserve Owner/Manager (PaM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP) , to the paM upon the recordation of each final map for an amount of land equal to the final map's 7 ot -.)7 obligation to convey land to the Preserve. Where an easement is conveyed, the Developer agrees to provide subordination of any prior lien holders in order to ensure 'that the paM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Developer shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the paM shall also be conveyed. Where an easement is granted, each final map is subject to a condition that fee title shall be granted upon demand by the paM. The developer further agrees to maintain, and manage the offered conveyance property consistent with Phase 1 and 2 RMP guidelines until such time when the paM has accepted the conveyance property. 12. Condition No. 40 - (Security) In partial satisfaction of Condition No. 40 of the Resolution, Developer. agrees to install all improvements listed in' Exhibit "B~ in accordance with approved plans to the satisfaction of the Director of General Services. 13. Condition No. 60 - (Private ,water in public street) In satisfaction of Condition No. 60 of the Resolution, Developer agrees to not ~pstall privately owned water, reclaimed water, or other utili ties crossing any public street. Developer further acknowledges and agrees that the installation of sleeves for future construction of private~y owned facilities may be allowed subject to ~he review and approval of the City Engineer if the following is accomplished: " a.' The Developer enters into an agreement with the City where the Developer agrees to the following: 'i. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities owned by the Developer whenever work is performed in the area; and, iv. The terms of this agreement shall be binding upon the succeSSors and assigns of the Developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 14. Condition No. 145 - (Seller Disclosure). In partial satisfaction of Condition No. 145 of the Resolution, Developer agrees to notify future property owners during escrow, by a document to be initialed by the buyer, of maintenance responsibilities and estimated annual cost of the MHOA. 8 ,,:? Developer further agrees' to submit the document' and obtain approval of the City Engineer and the Director of 'Building and Planning prior to the distribution through escrow. '15,. Condition No. 172 - (Withhold Permits per PFFP). In satisfaction of Condition No. 172 of the Resolution, Developer agrees: 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 Chula Vista Transportation Phasing Plan, . as amended from time to time, have been reached or in order to have the Project comply with the Growth ~anagement Program, as may be amended from time to time, : " " ii. Traffic, volumes, levels of service, public , utili ties and/or services either exceed the 'adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. , Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have 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 and Building and the Public Works Director. The Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Elèven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, Ci ty 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 9 ~-"¿7 on the further condition that the City fully, cooperates in the defense. c. To ensure that all franchised cable television companie's ,( "Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable companies 'franchised by the City of Chula Vista to place co~duit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other 'rules, regulations,' ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may. from time, to time be issued by ~he City of Chula Vista. d. That ~he 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 Ci ty shalJ., provide the' Developer of notice of such determination and allow the Dev~loper reasonable time to cure said breach e, To hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting' from this proj ect. ' 16. Condition No.1 73 - (No PJ;'otest) In satisfaction of Condition No: 173 of the Resolution, Developer agrees to participate, On a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP) and not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 17. Condition No. 174 (Previous Agreements). In satisfaction of Condition No. 174 of the Resolution, Developer agrees to comply with all previous agreements as they pertain to the Tentative Map including but not limited to the "supplemental subdivision improvement agreement for Village 11" approved by City Council Resolution 2003-075 on March 4, 2003, the supplemental subdivision improvement agreement for Otay Ranch Village Eleven "A" Map No.2 adopted by Resolution 2004-107 and the "Agreement for Monitoring of Building Permits" approved by City Council pursuant to City Resolution 2003-167. 10 c2-3CJ 18. Condition No. 175 - (Street Sweeping). In satisfaction of Condition No. 175 of the Resolution, Developer agrees to contract with the City's current street sweeping franchisee, or other server approved by the City Engineer to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. The Developer further agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. 19. Condition No. 203 (Code Requirements). In partial satisfaction of Condition No. 203 of the Resolution, Developer agrees that all proposed development shall be consistent with the Otay Ranch Village Eleven SPA Planned Community District Regulations. 20. Condition No. 204 (Code Requirements). In partial satisfaction of Condition No. 204 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09,090), and public facilities finance plan amendment procedures, 21. Condition No. 205 (Code Requirements). In partial satisfaction of Condition No. 205 of the Resolution, Developer acknowledges that the City amending its Growth Management Ordinance to add Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Developer acknowledges and agrees that said provisio,ns will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the Developer hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 22. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1-6, 8, 9, 12, 13, 22, 40, 60, 145, 172-175, 203-205 of Resolution 2001- 364. Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of subsequent final maps for the Project, as may be appropriate. 11 ,;( -:31 23. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of apprdval, of the Tentative Map, established by' Resolution No. 2001-364 and shall remain in compliance with and implement the terms, conditions and provisions therein. 24. Recording. This Agreement, or an abstract hereof shall be recorded ,sim~ltaneously with the recordation of the Final Map. 25. Building Permits. Developer and Guest' Builders understand and a~ree that the City rnay: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 Devèloper with reasonable time to cure said, ~reach. , , 26. Assignablity. Upon request, of the ,developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City manager in his/her sole discretion determÜles 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 su~h substituted securities' meet the criteria for securi ty as set forth elsewhere in this agreement. Such assignment wi~l be in a form approved ,by the City Attorney. 27. Miscell.aneous. 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 deli vered 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. 12 c:¿ 3..L CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: City Engineer DEVELOPER: Brookfield Shea Otay, LLC' 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: John Norman,Vice President Tel: (858) 481-8500 :,'! A party may change such address for the purpqse of this paragraph by giving written notice of sùch 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 limi t 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 subj ect matter hereof. Any prior oral or written representations, agrèements, 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 "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 13 ~- --5-< .....(' -~ [PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE, ELEVEN, PLANNING AREA R-5, CHULA VISTA TRACT NO. 01-11] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF GHULA VISTA Stephen C. Padilla Mayor Attest: Susan Bigelow City Clerk Approved as'to form: Ann Moore City Attorney, [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] 14 ~':j'l [PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, PLANNING AREA R-5, CHULA VISTA TRACT NO. 01-11] DEVELOPERS/OWNERS: Brookfield Shea Ota;' LLC ;; C aJi amia limited liability compan:' By: By: Nam : Jts: ~:ne: c:t~;: £¿f Its: 1>R es-,.DéA.ri y LLc. a De aware ]imj/ed ]iabiEty company, Member' Date:~ Date: tf Z:;- ð¥ By: Shea Otay Vmage 11 LLC, a California limited liability company, Membe~ By: Shea Homes Limited Partnership, a California limited partnership, its Sole Member By: Date: 4/z~~¡ By: Name: Jts: By: Juì~ u# Name: T-l"J/: <"hU.-..-kúfŸ'1ú1'" Jts: ,4;<;-/-, cÇec~ . Date: 4/z~/~t- ,..2 -- :3 S- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of San Diego }ss. State of California On April 28, 2004 before me, Judy Teubner, Notary Public, Date personally appeared: John W. Norman & Stephen P Doyle ~ ~ :. ~ ~ :~~54:7~ ~ ~ ~. Notary P\öc . CaI/omIo ~ Son DIego County j - - - ~:or:":.~_~2~2~7t personally known to me to be the person's whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity's, and that by their signature's on the instrument the person's, or the entity upon behalf of which the person's acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ~~~ Signatu", of Notary Public OPTIONAL Though the information beiow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document- Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity Claimed by Signer Signer's Name: Individual Corporate Officer - Title: Vice President Partner- Limited General Attorney in Fact Trustee Guardian or Conservator Other: RightThumbpnnt of Signer Top ,rlh"mb horo Signer is Representing: eJ.-.3b State of California ) ) S.S. CountyofSanDiego) On April 28, 2004, before me, Elizabeth G. Blust, Notary Public, personally appeared John B. Vance and Teri Shusterman, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. ~~ms~ Document title: Supplemental Subdivision Improvement Agreement for Otay Ranch Village Eleven, Neighborhood R-5 Chula Vista Tract No. 01-11 Executed in Triplicate - The Remainder of this Page is Blank- ~ ~7 Lot 2 of Chula Vista Tract No. 01-11, Otay Ranch Village 11 "A" Map No.2 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. , Field in the Office of the County Recorder of San Diego County on 2004 as File No. of Official Records. EXHIBIT "A" PROPERTY DESCRIPTION 16 ~ 3; EXHIBIT "B" LIST OF SECURITIES CVWONo Description Bond $ Bonding Company Name Bond fDrawin" #) number I 04-004 Landscape and Irrigation Plans $218,191.62 Fidelity and Deposit Company 08741683 for Village 11, Neighborhood R-5 Landscape and of Maryland Irri"ation Bond :.'! J:\Engineer\LANDDEV\Projects\Otay Ranch Village 11\RS\RS SSIA 4-26-04.DQC 17 ~-39 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 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-5 WHEREAS, the Grant of Easements and Maintenance Agreement for Chula Vista Tract 01-11, Otay Ranch Village 11, Neighborhood R-5, 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 01- 11, OtayRanch Village 11, Neighborhood R-5, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by ! ~G)1l c Ok¿; City Attorney Jack Griffin Director of General Services ),\Enginee,\LANDDEVlPcojects\Otay Ranch Village II \RS\Reso-Gcant of EasementsRS.doc -< -£/0 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 (p~~!!:reC ú-1 ~ City Attorney Dated: 5 ~ i ~ 0 Lf Approving the Grant of Easements and Maintenance Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village II, Neighborhood R-5 -ì. -;£f; RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-5, Map No, MAGNOLIA AT WINDINGWALK (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT ("Agreement") is made as of this - day of ,200_, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and BROOKFIELD SHEA OTA YLLC, a California limited liability company ("BSO, LLC"). 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"). The Property is part of a planned residential development project commonly known as Windingwalk Planned Development (and also referred to as "Otay Ranch Village 11"), Chula Vista Tract No. 01-11, being the subject of the City Council Resolution No. Zoo! -'3(,,4- (the "City Resolution"). For purposes of this Agreement, the term "Project" shall refer to the overall Windingwalk Planned Development proj ect, including, but not lirnited to the "Property." B. BSO, LLC is the owner of the Property and the Declarant under that certain Master Declaration of Restrictions For Windingwalk filed or to be filed for record in the Official Records of San Diego County, California (the "Master Declaration"). The Master Declaration provides for WINDINGW ALK MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations may 4/16104 -1- ø?~'iJ- 061800-0148251793.1 be formed ("SHOA") for a particularproject(s) within WindingwalkPlannedDevelopment, the purposes of which would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction. C. The Property is or will become covered by that the certain final map(s) (the "Final Maps") described on Exhibit" A" attached hereto and referenced in the title to this Agreement. D. In order for BSO, LLC to obtain the Final Maps and for the City to have assurance that the maintenance of certain areas within the Project would be provided for, the City and BSO, LLC entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which BSO, LLC agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping and drainage improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas." E. The City desires to grant to BSO, LLC easements for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations of BSO, LLC as set forth in Supplemental Subdivision Improvement Agreements, 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 BSO, LLC and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA 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 14(1) below. 2. Maintenance Obli!!:ations (a) BSO, LLC to Initially Maintain, BSO, LLC hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, orcause to be maintained, repaired or replaced, those improvements within the MHOA Maintained Public Areas which are described on Exhibit "C" attached hereto, at a level equal to or better than the level of maintenance which is acceptable to the Director of Public Works Operations, at his/her 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. 4/16104 -2~ - '13 061800-0148251793.1 (b) Transfer to MHOA. Upon BSO, LLC's transfer of maintenance obligations to the MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred, and (ii) subject to the City determining that the requirements of Paragraph 3 below have been satisfied, BSO, LLC shall be released from such obligation. Transfer of maintenance obligations to the MHOA maybe phased (that is, there maybe multiple transfers). BSO, LLC represents to City that it intends to, and has the authority to, unilaterally transfer said maintenance obligations either (i) to the MHOA and that such transfer has been provided for in the Master Declaration, and that such document(s) include the provisions described in Paragraph 3(a)(ii) below, or alternatively (ii) to anew homeowners association (the "New Association") established for maintenance of the open space and thoroughfare median areas in the Property, and that such transfer shall be provided for in the declaration ofrestrictions (the "New Declaration") for the New Association, and that such document(s) shall include the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement to the "Association" shall include the New Association and "Declaration" shall include the New Declaration ifBSO, LLC elects to form anew homeowners association for the Property. (c) Transfer By MHOA, TheMHOA shall have the right to transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) theMHOA shall be released from the obligations so transferred subject to the City determining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations rnight be transferred to an apartment owner, BSO, LLC does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. AssÌ!mment bv BSO. LLC and Release of BSO. LLC (a) Assignment. Upon BSO, LLC's transfer of the Maintenance obligations to the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance obligations either itself or by contractors. Such transfer will release BSO, LLC from its obligations only if all of the following occur: (i) MHOAAccents ObIÜ!ation. TheMHOAhas unconditionally accepted and assumed all ofBSO, LLC'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 ofBSO, LLC under this Agreement. The assignment shall also have been approved by the appropriate governing body of the MHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonablywithhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has confIrmed that there have been no modifications to the recorded Master Declaration previously approved by City, to any of the following provisions: the MHOA shall be responsible for the maintenance 4/16104 -3- r:2 - '/'1 061800-0148251793.1 of the MHOAMaintainedPublic Areas, the MHOA shall indemnify City for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the MHOA 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. (iii) MHOA Insurance. The MHOA procures and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all ofBSO, LLC's landscape maintenance bonds, apolicyofpublic liability insurance which at least meets the requirements of Section 5.1 (a) of the Master Declaration which reads as follows: (a) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership or use of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." This Section 5,l(a) may not be amended without the written consent of the City Planning Director or City Attorney. The MHOA shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 4116104 -4- ø2 -'/:-' 061800-<)148251793.1 (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, BSO, LLC shall be released from its obligations under this Agreement, including its security and insurance requirements. BSO, LLC 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, BSO, LLC shall give a notice to the City ofBSO, LLC's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. AssÌ!mment bv MHOA and Release of MHOA. (a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the MHOA from its obligations only if all of the following occur: (i) Transferee Acc'1'ts Obligation. The Transferee has unconditionally accepted and assumed all of the MHOA's obligations under this Agreement in writing, such assignment provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of the MHO A under this Agreement. If the Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or sirnilar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (Hi) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice to the City ofMHOA's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). 5. BSO.LLC'sInsnrance. Until such time as theMHOAhas obtained the general liability insurance required by Section 5.1 (a) of the Master Declaration, BSO, LLC 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 subrnitted a letter of substantial conformance pertaining to work being completed to the General Services Department and the General Services Department Director 4116104 -5- ~-n 061800-0148251793.1 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 Liabilitv Insurance. BSO, LLC shall obtain a comprehensive general liability and property damage insurance policy insuring BSO, LLC against liability incident to ownership or use of the Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The CityofChula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements BSO, LLC 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 of liability." BSO, LLC shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 6. Indemnitv. BSO, LLC 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 II claims or liabilities "), that may be asserted or claimed by any person, fmn, or entity because of or arising out of or in connection with the use, maintenance, or repair of the MHOA Maintained Public Areas. BSO, LLC shall not have any liability under this section by reason of the Transferee's failure to maintain. 7. Indemnitv If Transferee. The document whereby BSO, LLC transfers a Maintenance obligation to a Transferee shall be signed by both BSO, LLC and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indemnitv. The Transferee shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"),which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not 4/16104 -6- .('-'17 061800-D148251793.1 be amended without the written consent of the City Director of Planning and Building or City Attorney. 8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon BSO, LLC and any successive Declarant under the Master Declaration. This Agreement shall be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property. 9. 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. 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. 10. Governinl! Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 11. 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 SanDiego County Recorder's Office. 12. Countemarts. 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. 13. 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 has been approved by the City Council. 14. Miscellaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement orby 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, flfst-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. 4/16104 -7- 061800-0148251793.1 ~-fi IfTo City: CITY OF CHULA VISTA Department of Public WorksÆngineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer IfTo BSO, LLC: BROOKFIELD SHEA OT A Y LLC c/o Brookfield Otay LLC 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: Mr. John Norman With a Copy To: Shea Otay Village 11 LLC 10721 Treena Street, Suite 200 San Diego, CA 92131 Attn: Mr. Ryan Martin (b) Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or lirnit the scope or intent ofthis Agreement or any of its terms. (c) Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits. Anyrecitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws, In the performance of its obligations under this Agreement, BSO, LLC, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. 4116104 -8- 061800-0148251793.1 ~-1/1 (g) Modification. This Agreement may not be modified, terminated orrescinded, in whole orin part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such 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 permitted by law. (i) Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equailyin the preparation and/or drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney 4/16104 -9- O.IS00-014S251793.1 ;;, . Su BROOKFIELD SHEA OT A Y LLC, a California limited liability company By: Brookfield Otay LLC, a Delaware lirnited liability company, Member By Its &!/ /ì ' . ¡ -4JL{) I~~ '"J STEPHEN P OOYI E C. f~ E..o~~ 9ût:f By Its By: Shea Otay Village 11 LLC, a California limited liability company, Member" \. ,\ , ')--~~\,.~ <i ('."i.',f", ,,'... \.....,\,...'" .0""';"""":""" ß " ~ea ,,°""'5 ,-""",.."" r" ~ ' I 1 , 'j '~ <;..1... ~?--,.-- ,,-\ ' \""" 1t"\'?Z\h'~~ 'Ih~j '..-- ç ~l-u:a LLC, .. ,- "~",,, ";¡ 1,)' D "'" ß ' .~_. , ¿ """ r- 'i' By ',,> ~ Its (:P , ' ) ) ss. COUNTY OF SAN DIEGO ) On O".,-"..;¡, _200£befurem'. ~ ~. ~£ Not¡¡ry Public In and or said State, personally appealed ..II§. p, ~. ' STATE OF CALIFORNIA personally known to me (gr prgYilEi Ie mil BB !fie ~is 6f satiilfaÐte~ e, iEiiIRÐS) to be the person(s) whose name(s).Mt,(are subscribed to the within instrument and acknowledged to me tha~/they executed the same in~their authorized capacity(ies), and that by~their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official ~eaL ~ - - - - ~~~;E-;'D~-L~E-~ _8 Commluion.'359883 i' Notary Public. California J ~ San Diego County f - - - ~~,,!~J~~2~ SigæWre ~r tk h4 - ;12. (Seal) 4/16/04 -10- 061800-0148251793,1 -?',;; ï STATE OF CALIFORNIA ) ) 55. ) COUNTY OF SAN DIEGO On ~J '2-6 , 200..=L, before me, flQ ~-Q~t4J 'l 't ~ Notary Public' and for said State, personally appeared ~~ R. \I 0-""-" '"\~ ~.,~ - a~oí personally known to me (or pmuo:c1 tn m¡> nn th", basis of satisfaGteFj' e. iàeÐ.ÐÐ) to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that~they executed the same in~/their authorized capacity(ies), and that by8.iiLherLtheir signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Q EllZABErn G. BLUST ;S. . Commission" 1381322 "", Notary Public - California ~ C &in D~o County ~ - - ~~-~~Ju:t~~l (Seal) Si~=~~ 4/16/04 -11- 061800-0148251793.1 -<.-5~ EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: A PORTION OF HIKERS TRAIL DRIVE AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-5 ACCORDING TO MAP THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON , 2004 BEING A SUBDIVISION OF LOT 2 OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 "A" MAP NO.2, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. -' FILED IN THE OFFICE OF SAID COUNTY RECORDER, ON ,2004. PARCEL A-1: A PORTION OF COPPER PENNY DRIVE AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-5ACCORDING TO MAP THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON , 2004 BEING A SUBDIVISION OF LOT 2 OF SAID MAP NO. -' j),:¡ #. d/k -fß,&<J04 DAVID W. AMBLER L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1 :TS M:\0061\393\Legal DescriptionslA01 R-5 HOA STREETS,doc j. ;¡;' .-./, WO 61.393 3/9/04 -< - EXHIBIT "B" CHULA VISTA TRACT NO. 01-11 OTAY RANCH ~ VILLAGE 11 NEIGHBORHOOD R~ 0 100 200 300 r--..-- I SCALE 1"= 100' ~ AREA TO BE MAINTAINED ~ BY ASSOCIATION 18 12 2 19 11 3 20 10 21 9 22 8 23 -- ~--"'~---r----- ---J - III HUNSAKER i & ASSOCIATES ". D"GD. ,"0 P!.'\NNING 10m H"~",k~, 5tœ" ENGINEERING S," o;'gD. C. 92121 SURVEYING PHI8S815"'~SOO. FXI8S8ISS~1414 R:\O433\&.It4P\Ha4 MAlNT EX SHT 01.0WG[ 1275]Mar-O5-2004:13:21 - w.O. 51-393 .;;? 5~ 'U » '" (') ,.., r ~ \ -. ~ ~ 30 29 28 27 n 0 ~ ~ t'!2 ~ ~ t'!2 Z ~ 26 25 24 t: ~ ~ "-- --l L EXHIBIT "C" Maintenance ResDonsibilities City of Chula Vista Area HOA Maintenance Maintenance Parkways within those Landscaping in the parkways Maintenance of curb, gutter, portions of those public road including irrigation, trimming sidewalks and pavement. shown on Exhibit "B" and pruning of trees, and maintenance and irrigation of turf areas. 4/16104 061800-0148251793.1 ...2 "-~;:. ~ COUNCIL AGENDA STATEMENT Item~ Meeting Date 5/11/04 ITEM TITLE: Resolution Approving the Final Map of Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-6; and approving the associated Subdivision Improvement Agreement for the completion of improvements; and approving a Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-6. Resolution Approving the Grant of Easements and Maintenance Agreement for Chula Vista Tract 01-11, Otay Ranch Village 11, Neighborhood R-6. SUBMITTED BY: Director of General Services / City Engineer [j.;:- REVIEWED BY: CitYManager~ (4/5ths Vote: Yes- No~ On October 23, 2001 Council approved a Tentative Subdivision Map for Otay Ranch Village 11. Staff proposes that Council now consider approval of a Final "B" Map, and its associated Subdivision and Supplemental Subdivision Improvement Agreements, a Grant of Easements and Maintenance Agreement that will allow the project to proceed. RECOMMENDATION: That City Council adopt the resolutions. BOARDS AND COMMISSIONS: N/A DISCUSSION: Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-6 is a 7.67l-acre project generally located south of Eastlake Greens within the area commonly known as Windingwalk. The project consists of 38 residential lots, and 3 lots for private common facilities (see Attachment 1). The Tentative Map was approved October 23, 2001 (Resolution No. 2001-364). 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 developer, Brookfield Shea Otay, LLC, has already paid all applicable fees. Council approval of the Final Map will constitute: Acceptance by the City of the public streets. Acknowledgment of the Irrevocable Offer of Dedication of Fee Interest for open space and other public purposes within the subdivision granted on the map. . Acceptance by the City of the landscape buffer easement. 3-/ Page 2, Item~ Meeting Date 5/11/04 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. 2001-364. These conditions will remain in effect until completed by the developer and/or their successors(s) in interest. 3. Grant of Easements and Maintenance Agreement: Establishes certain specific obligations and responsibilities for the maintenance of certain improvements located along the public parkways -Hikers Trail Drive and Copper Penny Drive-- 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 01-01, Otay Ranch Village 11, Neighborhood R-6 Attachment 2: Developer's Disclosure Statement Exhibit A: Subdivision Improvement Agreement Exhibit B: Supplemental Subdivision Improvement Agreement Exhibit C: Grant of Easements & Maintenance Agreement LP File No. OR618F J:\Engineer\LANDDEV\Projects\Otay Ranch Village 11 \R6\R-6 CAS.cb.doc 4/26/2004 1025:08 AM 3-~ CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-6 ATTACHMENT -L- . HUNSAKER ~ & ASSOCIA TIS SAN DIEGo, INO 0 800 1600 r-... -- SCALE 1"=800' PlANNING 1017'J ........,"'. S..., ENGIN""NG S," D"~ C. 92121 SURVEYING PH(858~584500. FX(858)SS8-1414 '? 3 R:\O422\okMap\AX R-5 CITY OVfRu.~dwg[ 1275]Apr-OJ-2004:IJ:/7 - w.o. 51-J89 :;,;) ~.' ~ 2400 ~ I City of Chula Vista Disclosure Statement þTTACHME!\\,r 2- Pursuant to Council Policy 101-0 I, 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 [mancial interests, payments, or campaign contributions for a City ofChula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ~ ~ L.;......,¡reç) ~~,'r ~\......".~O ~¡~ I-IC>-I6S ~eu;:> ~ ~ J....I.,..c... 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. (~ A~) ~ vb-\e$ ~;elD ~ \-'-c.. - t;SO"/" ~ ~~ ¡'So 100'7'.. ~e;p .,.-( P.Izo:>~;eu:> ..;At.) oitrl1r" \.o\ou:::iN!t~ t..~c. 3. Ifanyperson* identified pursuant to (1) above is a non-profit organization or trust, list the narnes of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. N/A ( 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. ~(>IN v~ .-101-1'" r-\o~ 1""""'-' '- Aû-..A ~ ;A:I-~DC e;,.o.¡;,¡;NC$. fZy~ ~N 5. ~!<- u:>~'I.-IS>1' = I.If:¡ ~ ¡,¡.f Has any person* associated with this contract had any [mancial dealings with an official * * ofthe City of Chula Vista as it relates to this contract within the past 12 months. Yes- No >< 3-{ City of Chula Vista Disclosure Statement If Yes, bliefly describe the nature of the financial interest the official** may have in this contract. N/A I 6. Have you rnade a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? NoZ":Yes - If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes - No Ä-- . If Yes, which official** and what was the nature of item provided? Date: JII~lwI I Si ature of Contractor/Applicant ~4.. is. ~"'e.( Plint or type name of Contractor/Applicant Person is defined as: any individual, finn, co-partnership,joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Officia1 inc1udes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. F"'ttoffi,ylfonnöldi,do,u.', ,totem,", }-6-0: 3-5"" /;.--- ~ Shea Otay Village 11, LLC is owned by: Shea Homes Limited Partnership - 100% Shea Homes Limited Partnership is owned by: J.F. Shea LLC - 20.8332% ---Shea 'inve-slrrfent Partners - 3~0777 41 % - Tahoe Partnership I - 3.423687% Balboa Partnership - 2.781343% Virginia Road LLC - 20.297516% Bay Front Drive LLC - 12,940864% Clåire Shea Trust - .00064% Orlando Road LLC - 33.516151% John F. Shea Family Trust John F. Shea Trustee - 3.12786% J.F. Shea LLC is owned by: JFS Management LLC - 4% J.F. Shea Co., Inc. - 96% I ..d~{¡; RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOOD R-6; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FORCHULA VISTA TRACT NO. 01-11 WHEREAS, the developer, Brookfield Shea Otay LLC has submitted a final map for Otay Ranch Village 11, Neighborhood R-6; and WHEREAS, the developer has executed a Subdivision Improvement Agreement to install public facilities associated with the project; and WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 2001-364. 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 01-11, Otay Ranch Village 11, Neighborhood R-6, and more particularly described as follows: Being a subdivision of Lot 3 of Chula Vista Tract No. 01-11 Otay Ranch Village 11 "A" Map No.2, in the City of Chula Vista, State of California, according to map thereof No. 14780 filed in the Office of the County Recorder of San Diego County on April 30, 2004: Area: 7.671 Acres No. of Lots: 41 Numbered Lots: 38 Lettered Lots: 3 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, that the City Council accepts on behalf of the public the public streets, to-wit: Copper Penny Drive and Crossroads Street, and said streets are hereby declared to be public streets and dedicated to the public use all as shown on Otay Ranch Village 11, Neighborhood R-6 within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A" through "c" for open space and other public purposes all as shown on Otay Ranch Village 11 Neighborhood R-6 within said subdivision. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista the landscape buffer easement as shown on Otay Ranch Village 11, Neighborhood R-6 within said subdivision. .;3-7 Resolution 2004-- Page 2 BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby approve certain Subdivision Improvement Agreement dated May 11, 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. 01-11, Otay Ranch Village 11, Neighborhood R-6, a copy of which shall be kept on file in the office of the City Clerk. 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 said public streets are accepted on behalf of the public as therefore stated, and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged, and that the easement as granted on Otay Ranch Village II, Neighborhood R-6 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 é1 aJrtc ~ Ann ~-V City Attorney nEngineeclLANDDEVIProjectslOtay Ranch Village IIIR61Reso R6.doc 3-f 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 (f~~~~o~r City Attorney Dated: S- - tf - ú r Approving the Associated Subdivision Improvement Agreement for the completion Of improvements for Chula Vista Tract No. 01-11, Otay Ranch Village II, Neighborhood R-6 -3,°9 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this - day of ,2004, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", BROOKFIELD SHEA OTAY, LLC, a California limited liability company, 12865 Pointe Del Mar, Suite 200, Del Mar, CA, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTA Y RANCH VILLAGE 11 NEIGHBORHOOD R-6 (CVT 01-11) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will -1- ,J -/0 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. 2001-364, approved on the 23rd day of October, 2001 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 03124-01 through 03124-05, and inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of SEVEN HUNDRED EIGHTEEN THOUSAND EIGHT HUNDRED THIRTY FOUR DOLLARS AND NO CENTS ($718,834.00). 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 te=s, conditions and requirements of the Tentative Map Resolution; to do and perfo= or cause to be done and perfo=ed, 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 confo=ity 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 pe=anent 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 perfo= said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such -2- ..3-// 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 of THREE HUNDRED FIFTY NINE THOUSAND FOUR HUNDRED SEVENTEEN AND NO CENTS ($359,417.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneousiy with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THREE HUNDRED FIFTY NINE THOUSAND FOUR HUNDRED SEVENTEEN AND NO CENTS ($359,417.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SIX THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS ($6,700.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "c" and made a part hereof. 9. It is further agreed thàt 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. -3- .3 ~'/..J- 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money 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- d-;3 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. 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 determines that such an assigrunent will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assigrunent 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 assigrunent will be in a form approved by the City Attorney. -5- ,.d,,¡t/ SIGNATURE PAGE ONE OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-6 (CVT 01-11) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year rust hereinabove set forth. THE CITY OF CHULA VISTA Stephen C. Padilla Mayor ATTEST: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney -6- .,3/;;- SIGNATURE PAGE TWO OF TWO SUBDIVISION Il\1PROVEMENT AGREEMENT OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-6 (CVT 01-11) BROOKFIELD SHEA OTA Y, LLC, a California Limited Liability Company By: Brookfield Otay LLC, a Delaware , i,mH"dL¡'¡'~i'Ycompmy.M"m"" 4 J By:. - L- to [J By: ¿ Á/ STEPHEN P. DOYLE -" /J Name: President Name: t:',1), 7~ AúA~$. By: Shea Otay Village 11, a California Limited Liability Company, Member By: Shea Homes Limited Partnership, a California Limited Partnership, its Sole Member By: J.F. She~)LJ' a De~~ Limited Liability Company, its General Partner By: ~~r~ By: J)Pjì,S;.€¡¡J Name', ~ Lr.... 'þ. I ¡...,_I IJ_.....L <'- -r:. . C'), ~ '"> ~ .. ~ Name: 1l~"'j1~(h¡- - f+"r" ) fJ,*rm¿{I'\ (Attach Notary Acknowledgment) -7- ...3~/t, CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT '7,-,-7 777,77 ,-,- c:'Ú- , ,- State of California } ss, County of On before me, D". N'm'~d;1t1"I""'M(.""'J,~D",No,^P"",, personally appeared Nom~'I,ISi""",, 0 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity{ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. s;"",.. ,I ",,'. ,,01< OPTIONAL Though Ihe InformaNon below is nol required by law, il may prove valuable 10 persons relying on the document and CDuld prevenl fraudulent removal and rea"achmenl of this form to another document. Description of Attached Document litle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: I I' I' 0 Individual 0 Corporate Officer -litle(s): 0 Partner - 0 Limited 0 General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: , Top ,I ~"mb he" I I' I' I- I '" Signer Is Representing: ---~- ~ - C 1999 N"",,'" No",_,"""" D, S,mA.." p,O, _24D2'Ch",~"", CA9131H4D2 '_~d,,""'."~ R~"",c.JI;,,",F,..'_876-S827 3-/7 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $359,417.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $359,417.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $6,700.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:\Engineer\LANDDEVlProjects\Otay Ranch Village 11\R6\R6 SIA.doc -8- ,3 -/p CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California }ss. County of San Diego On April 20, 2004, before me, Colette Kavanagh, Notary Public, . personally appeared E. Dale Gleed and Stephen P. Doyle, personally known to me to be the person whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. ~ ~\..~ V.;;-,.Ö'.N",!---- Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by iaw, it may prove vaiuabie to persons relying on the document and could prevent frauduient removai and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity Claimed by Signer Signer's Name: 0 Individual 0 Corporate Officer - Title: Vice President 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Right Thumbprint a/Signer Top of ~"mb he", Signer is Representing: ..;3 -./9 State of California ) ) S.S. County of San Diego) On April 20, 2004, before me, Elizabeth G. Blust, Notary Public, personally appeared John B. Vance and Teri Shusterman, personally known to me to be the persons whose names are subscribed to the within instrunJent, and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrunJent the persons, or the entity upon behalf of which the persons acted, executed the instrunJent. WITNESS my hand and official seal. c~.n~~~""~,,, ~j ELIZABETH G. BlU51' \:i ¡¡ CommillSion [l1361322 R ~ Notary Public - California ~ 4 San Diego County [' ~_..My.;om~~1~~¡ Executed in Triplicate - The Remainder of this Page is Blank- ..3 -...¿ () 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 ~~~~ City Attorney Dated: Approving the Supplemental Subdivision Improvement Agreement for the completion Of improvements for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-6 s----ó~-o{ .;3-.,2.1 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Above Space for Recorder's Use OR-618F SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-6 CHULA VISTA TRACT NO. 01-11 (Conditions 1-6, 8, 9, 12, 13, 22, 40, 60, 145, 172-175, 203-205 of Resolution 2001-364) This Supplemental Subdi vision 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 signatories to this Agreement, BROOKFIELD SHEA OTAY, LLC, a California Limited Liability Corporation ("Developer" or "Owner"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is approved Tentative Subdivision Map Chula Vista Tract 01-11 Otay Ranch Village Eleven and is commonly known as Windingwalk. For purposes of this Agreement the term "Project" shall also mean "Property". 1 .3 - 02..t. 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. C. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 01-11 ("Tentative Subdivision Map" or "Tentative Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2001-364 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. Developer has requested the approval of a "B" Map for the Project ("Final Map"). Certain conditions of approval of the Tentative Subdivision Map requires Developer to enter into an agreement with the City prior to approval of the Final Map ,for the Project. F. City is willing, on the premises, security, terms and conditions herein contained to approve the Final Map for which Developer has applied and Developer has agreed to the terms and conditions set forth herein. G. All the terms of the Supplemental Subdivision Improvement Agreement for Otay Ranch Village 11, "Au Map No.1 adopted by Resolution 2003-075 and the supplemental subdivision improvement agreement for Otay Ranch Village Eleven "Au Map No.2, approved by Resolution 2004-107, remain in full force and effect. H. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. "Complete Construction" shall mean that the construction of the improvements have been completed and have been inspected and accepted by the City. b. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. c. "SPA Plan" means the Otay Ranch Village Eleven Sectional Planning Area Plan as adopted by the City Council on October 23, 2001 pursuant to Resolution No. 2001-363. d. "PFFP" means the Otay Ranch Village Eleven Public 2 :2 -)3 Facilities Financing Plan adopted by Resolution No. 2001-363, and as may be further amended from time to time. e. "FSEIR 01-02" means Final Subsequent Environmental Impact Report and its attendant Addendum for the Otay Ranch General Development Plan Amendments/Village Eleven Sectional Area Plan and Conceptual Tentative Map. f. "Improvement Plans" means all the onsite and offsi te 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. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the par.t'~es agree as set forth below. 1. Agree¡nent AppJ.icabJ.e to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefi t of the Property and the City, its successors and assigns and any successor in interest thereto. Ci ty is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest BuiJ.der Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from 3 ~ -..) of 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. Partia1 Re1ease of Deve1oper's Assign~es. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the 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. Re1ease of Indi. vidua1 Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot (s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the Ci ty 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 4 :2...,):.;- Agreement, such lot or parcel shall be automatically, released from the encumbrance hereof. 2 . Condi tion No.1 - (Agreemen t 'to all terms, covenants and conditions). In satisfaction of Condition No.1 of the Resolution, Developer agrees to all of the terms, covenants and conditions contained herein shall that binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. Condition No.2 - (Requirements and guidelines). In satisfaction of Condition No.2 of the Resolution, Developer agrees to comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase 1 and I Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; FSEIR # 01-02; Otay Ranch Village Eleven Sectional Planning Area (SPA) Plan and supporting documents including: Village Eleven Public Facilities Finance Plan; Village Eleven Parks, Recreation, Open Space and Trails Plan; Village Eleven SPA Affordable Housing Plan and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically' modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of ~he City Manager, however, any material modifications shall be subject to approval by the City Council. 4. Condition No.3 (City's 'Right to Revoke or Modify Approvals). In ,satisfaction of Condition No.3 of the Resolution, if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 5. Condi tion No.4 - (Hold Ci ty Harmless) . In satisfaction of Condition No.4 of the Resolution, Developer agrees to indemnify, protect, defend and hold the City harmless 5 .3 ø.4 i? from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitleme~ts and approvals issued by the City in connection with the Project. 6. Condi tion No.5 - (Comply ,with SPA Conditions). In satisfaction of Condition No.5 of the Resolution, the' Developer agrees to comply with all applicable Village Eleven SPA conditions of approval, (PCM 99-15) as may' be amended from time to time. Dèvelòper further agrees as follows: a. To implement the final Otay Ranch Village Eleven Air Quality Improvement Plan (AQIP) approved measures and include the measures as part of the proj ect. The Developer further: ' i. Agrees to comply and remain in compliance with the,AQIP; ii. Wai ves AQIP constitutes the condition; iii.., Acknowledge~ that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures rel'ated to new development as various technologies ,and/or programs change or become available; and iv. Agrees prior to or concurrent with each Final Map for the Project to modify the AQIP to incorporate those new measures, which are in effect at the time. Developer further acknowledges that the new measures shall apply, as applicable, to development within all futurl" final map areas, but shall not be retroactive to those areas which receive final map approval prior to effect of the subject new measures. any claim that, adoption of the final an imprope+ suDsequent imposition of b. To implement the final Otay Ranch Village Eleven Water Conservation Plan (WCP) approved measures and include the measures as part of the Project. The Developer further: i. Agrees to comply and remain in compliance with the WCP; ii. Waives any claim that the adoption of a final WCP constitutes an improper subsequent imposition of the condition; iii. Acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available; and 4) agrees prior to or concurrent with each final map for the Project to modify the WCP to incorporate those new 6 ~.j, '7 measures, which are in effect at the time: Developer further acknowledges that the new measures shall apply to development within all future final map areas, but shall not be retroactive to those areas which received final map approval prior to effect of the subject measures. 7. Condi tion No.8 (Consistency with Land Offer Agreement). In satisfaction of Condition No.8 of the Resolution, the Developer agrees that the terms, conditions and time limits associated with this tentative map shall be consistent with the Land Offer Agreement approved by Resolution No. 2000-116 by the City Council on April 11, 2000 ("Land Offer Agreement") and as amended on August 7, 2001. The Developer and City of Chula" Vista hereby agrees to comply with the provisions of the" Land Offer Agreement and all Amendments thereto, and to remain in compliance with the entire Land Offer Agreement and Amendments for the life of the Agreement. ' 8. Condition No.9 - (Participate in Reserve Fund). In satisfaction of Condition No.9 of the Resolution, the Developer acknowledges and agrees that a reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F. I. N. D.) Model for the Ota:y 'Ranch Project. The Developer agrees to provide funds to the Reserve Fund as required by the Reserve Fund Program. 9. Condi tion No. 12 (Olympic Parkway Agreement). In satisfaction of Condition No. 12 of the Resolution, Developer hereby agrees that if any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control. 10. Condition No. 13 - (Environmental). In satisfaction of Condition No. 13 of the Resolution, Developer hereby ag~ees, to implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 01-02 (SCH#2001031120) , the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 01-02) for this Project. 11. Condition No. 22 (Otay Ranch Preserve). In satisfaction of Condition No. 22 of the Resolution, the Developer agrees to convey fee title, or upon the consent of the Preserve Owner/Manager (PaM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP) , to the paM upon the recordation of each final map for an amount of land equal to the final map's 7 .:3 -,). i' obligation to convey land to the Preserve. Where an easement is conveyed, the. Developer agrees to provide subordination of any prior lien holders in o~der to ensure 'that the paM has a first priority interest in such land. Whete consent and subordination cannot be obtained, the Developer shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the paM shall also be conveyed. Where an easement is granted, each final map is subject to a condition that fee title shall be granted upon demand by the paM. The developer further agrees to maintain' and mé!nage the offered conveyance property consistent with Phase 1 and 2 RMP guidelines until such time when the paM has accepted the conveyance property. 12. Condition No. 40 - (Security) In partial satisfaction of Condition No. 40 of the Resolution, Developer. agrees to install ¡ill improvements listed in' Exhibi t "B" in accordance with approved plans to the satisfaction of the Director of General Services. j 13. Condition No. 60 - (Private ,water in publ.ic street) In satisfaction of Condition No. 60 of the Resolution, Developer agrees to not install privately owned water, reclaimed water, or other utili ties crossing any public street. Developer further acknowledges and agrees that the installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: . a.' The Developer enters into an agreement with the City where the Developer agrees to the following: 'i. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities owned by the Developer whenever work is performed in the area; and, i v. The terms of this agreement shall be binding upon the successors and assigns of the Developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 14. Condition No. 145 - (Sel.ler Discl.osure). In partial satisfaction of Condition No. 145 of the Resolution, Developer agrees to notify future property owners during escrow, by a document to be initialed by the buyer, of maintenance responsibilities and estimated annual cost of the MHOA. 8 .,3., .)~ 1 Developer further agrees to submit the document 'and obtain approval of the City Engineer and the Director of Building and Planning prior to the distribution through escrow. 15,. Condition No. 172 - sati$faction of Condition No. agrees: (Withhold Permits per PFFP). In 172 of the Resolution, Developei 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 Chula Vista Transportation Phasing Plan,as amended from time to time, have been reached or in order to have the Project comply with the Growth ~anagement Program, as may be amended from time to time, '," ii. Traffic volumes, levels of service, public , utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. . Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. " iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have 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 and Building and the Public Works Director. The Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Ele'ven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, Ci ty 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 9 d.~o on the further condition that the City fully ,cooperates in the defense. c. To ensure that all franchised, cable television companies '("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Developer agrees that the City of Chula Vista may' grant access 'to cable companies franchised by the City of Chula Vista to place conduit within the City's easement situated wi thin the proj ect:. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all other ~ules, regulations" ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may, from time to time be issued by the City of Chula Vista. d. That the City may withhold the issuance of ~uilding permi ts for the proj ect, should the, Qeveloper be determined by the City to be in breach of, any' of the terms of the Tentative Map Conditions or any Supplemental Agreement. The Ci ty shall, provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach ., e., To hold the City harmless fTom any liability for erosion, siltation or increase flow of drainage resulting from this Project. ' 16. Condition No. 173 - (No Pr,otest) In sati,sfaction of Condition No: 173 of the Resolution, Developer agrees to participate, on, a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP) and not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 17. Condition No. 174 (Previous Agreements). In satisfaction of Condition No. 174 of the Resolution, Developer agrees to comply with all previous agreements as they pertain to the Tentative Map including but not limited to the ftsupplemental subdivision improvement agreement for Village 11" approved by Ci ty Council Resolution 2003-075 on March 4, 2003, the supplemental subdivision improvement agreement for Otay Ranch Village Eleven ftA" Map No.2 adopted by Resolution 2004-107 and ftAgreement for Monitoring of Building Permits" approved by City Council pursuant to City Resolution 2003-167. 10 d ~:3/ 18. Condition No. 175 - (Street Sweeping). In satisfaction of Condition No. 175 of the Resolution, Developer agrees to contract with the City's current street sweeping franchisee, or other server approved by the City Engineer to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the Ci ty. The Developer further agrees to cause street sweeping to commence immediately after the final residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all punch list items, whichever is shorter. 19. Condi tion No. 203 (Code Requirements). In partial satisfaction of Condition No. 203 of the Resolution, Developer agrees that all proposed development shall be consistent with the Otay Ranch Village Eleven SPA Planned Community District Regulations. 20. Condition No. 204 (Code Requirements). In partial satisfaction of Condition No. 204 of the Resolution, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures. 21. Condition No. 205 (Code Requirements). In partial satisfaction of Condition No. 205 of the Resolution, Developer acknowledges that the City amending its Growth Management Ordinance to add Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Developer acknowledges and agrees that said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the Developer hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 22. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Condition Nos. 1-6, 8, 9, 12, 13, 22, 40, 60, 145, 172-175, 203-205 of Resolution 2001- 364. Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of subsequent final maps for the Project, as may be appropriate. 11 2 ~ 3.2.. 23. Unfulfilled Conditions: Dev~loper hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of appröval of the Tentative Map, established by' Resolution No. 2001-364 and shall remain in compliance with and implement the terms, conditions and provision~ therein. 24. Recording. This Agreement, or an abstract hereof shall be recorded ,sim~ltaneously with the recordation of the Final Map. 25. Building Permits. Developer and Guest' Builders understand and agree that the City may withhold the issuance of building permits for the Project, 'should the Developer be determined 'by the City to be in breach of any of the terms of this Agreement. The City shall piovide the Developer of notice of such determination and allow the Developer with reasonable time to cure said, ~reach. 26. Assignabli ty. Upon request, of the ,developer, any or all on-site' duties and obligations set forth herein may be assigned to dev~loper's successor in interest if the City manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole ,discretion may,' if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as su~h substituted securities' meet the criteria for securi ty as set forth elsewhere in this agreement. Such assignment will be in a form approved ,by the City Attorney. 27. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permi tted by this Agreement or by law to be served on or deli vered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally deli vered 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. 12 ,:? . "-1.3 CITY OF CHOtA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: City Engineer DEVELOPER: Brookfield Shea Otay, LLC. 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: John Norman, Vice President Tel: (858) 481-8500 A party may change such address for the purpos~ 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 Agree~ent. e. Recita1s; 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 "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 13 3-34 [PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, PLANNING AREA R-6, CHULA VISTA TRACT NO. 01-11] IN WITNESS WHEREOF, the parties hereto have caused this' Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Stephen C. Padilla Mayor Attest: . , Susan Bigelow City Clerk Approved as to form: Ann Moore City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] 14 ,3-3$"' [PAGE TWO OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VIL1AGEELEVEN, PLANNING AREA R-5, CHULA VISTA TRACT NO. Ol-llj DEVELOPE~S/OWNERS: BrookfieJd Shea Olay LLe. a (alijorlJia limited liability compan;' By: Brookfield at v Lie, a Dejaware limited JjabjEty C:;¡;;¡;;. mp y, Member ~, D~ 0 Nam: . Us: " Date: t..¡. Z6- ð V By: Name: Its: By: Shea O~ay Village II LLC, a California limited liability company, Member By: Sh~a Homes Limited Partnership, a California Emited partnership, its Sale Member By: I,F, Shea LLC, a Delaware Emited iabjEty company, .'. its Gener~er Date: Á/z'b /ot( ~:~~ sf':li ' B"~ ~~e: ',' ~r~Y ßÝ1 Date: 4-'~.~f 3-3h CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of San Diego }ss. State of California On April 28, 2004 before me, Judy Teubner, Notary Public, Date personally appeared: John W. Norman & Stephen P Doyle IEU8NER Commll8lan # 1395497 Notary I'Iac . Call1omia San DIego County ( My Comm. flpil8tJan.2 t. 2007 --------- personally known to me to be the person's whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity's, and that by their signature's on the instrument the person's, or the entity upon behalf of which the person's acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ~,.I1~ ì Signature of Notary Public OPTIONAL Though the infonnetion below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fonn to another document. Description of Attached Document- Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity Claimed by Signer Right Thumbprint of Signer Signer's Name: Individual Corporate Officer - Title: Vice President Partner- Limited General Attorney in Fact Trustee Guardian or Conservator Other: Topofth,mbh.,. Signer is Representing: .i? ".;3 7 State of California) ) S.S. County of San Diego) On April 28, 2004, before me, Elizabeth G. Blust, Notary Public, personally appeared John B. Vance and Teri Shusterman, personally known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. ~ ~ty and State Document title: Supplemental Subdivision Improvement Agreement for Otay Ranch Village Eleven, Neighborhood R-6 Chula Vista Tract No. 01-11 Executed in Triplicate - The Remainder of this Page is Blank- """"'--0' " .3-3; /" EXHIBIT "All P~OPERTY DESCRIP~ION Lot 3 of Chula Vista Tract No. 01-11, Otay Ranch Village 11 "A" Map No.2 in the City of Chula Vista, ,County of San Diego, State of California, according to Map thereof No. , , Field in the Office, of the County Recorder of San Diego County on 2004 as File No. of Official Records. 16 3-,-3,/ EXHIBIT "B" LIST OF SECURITIES CV WO No Description Bond $ Bonding Company Name Bond (Drawing #ì number 1 04-004 Landscape and Irrigation Plans $218,191.62 Fidelity and Deposit Company 08741683 for Village 11, Neighborhood R-6 Landscape and of Maryland ' ¡rripation Bond '"r J: \Engineer\LANDDEV\Projects\Otay Ranch Village n \R6\R6 SSIM-26-04. DOC 17 -' .' ~/:) ..;¡ " 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 01-11, OTA Y RANCH VILLAGE II, NEIGHBORHOOD R-6 WHEREAS, the Grant of Easements and Maintenance Agreement for Chula Vista Tract 01-11, Otay Ranch Village 11, Neighborhood R-6, 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 of the City ofChula Vista does hereby approve the Grant of Easements and Maintenance Agreement for Chula Vista Tract 01- II, Otay Ranch Village 11, Neighborhood R-6, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City ofChula 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 !~J# <~ City Attorney nEngineerlLANDDEV\ProjectslOtay Ranch VilJage II IRólReso-Grant of EasementsR6.doc ..3-.¿¡¡ 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 61 il ~~~ ~ n Moore City Attorney Dated: S- ~ t./ ~ ¿) if Approving the Grant of Easements and Maintenance Agreement for Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-6 .d~f'.L RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency for less than a fee interest for which no cash consideration has been paid or received. (ABOVE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT CHULA VISTA TRACT NO, 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-6, Map No. MAGNOLIA AT WlNDINGW ALK (DEDICATED EASEMENTS) This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT ("Agreement") is made as of this - day of ,200-, by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and BROOKFIELD SHEA OTA YLLC, a California limited liability company ("BSO, LLC"). RECITALS A. This Agreement concems 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"). The Property is part of a planned residential development proj ect commonly known as Windingwalk Planned Development (and also referred to as "Otay Ranch Village 11"), Chula Vista Tract No. 01-11, being the subject of the City Council Resolution No.2M; -~ (the "City Resolution"). For purposes of this Agreement, the term "Project" shall refer to the overall Windingwalk Planned Development project, including, but not limited to the "Property." B. BSO, LLC is the owner of the Property and the Declarant under that certain Master Declaration of Restrictions For Windingwalk filed or to be filed for record in the Official Records of San Diego County, California (the "Master Declaration"). The Master Declaration provides for WINDINGW ALK MASTER ASSOCIATION, a California Nonprofit Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations may 4/16/04 -1- ./-.t/ 2, ..;.;; ,...-' 061800.0148251803.1 be formed ("SHOA") for a particular proj ect(s) within WindingwalkPlanned Development, the pwposes of which would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction. C. The Property is or will become covered by that the certain final map(s) (the "Final Maps") described on Exhibit" A" attached hereto and referenced in the title to this Agreement. D. In order for BSO, LLC to obtain the Final Maps and for the City to have assurance that the maintenance of certain areas within the Project would be provided for, the City and BSO, LLC entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which BSO, LLC agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping and drainage improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas." E. The City desires to grantto BSO, LLC easements forlandscapemaintenancepwposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations of BSO, LLC as set forth in Supplemental Subdivision Improvement Agreements, 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 BSO, LLC and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas for the pwpose 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 14(1) below. 2. Maintenance Obli!!ations (a) BSO, LLC to Initially Maintain, BSO, LLC 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 MHOA 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 his/her discretion and equivalent to City or Community Facilities District maintained right-of-way facilities. For purposes ofthis 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. 4/16104 -2- 3-¿¡¥ 061800-0148251803.1 be fo=ed ("SHOA") for a particular proj ect(s) within Windingwalk Planned Development, the purposes of which would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction. C. The Property is or will become covered by that the certain final map(s) (the "Final Maps") described on Exhibit" A" attached hereto and referenced in the title to this Agreement. D. In order for BSO, LLC to obtain the Final Maps and for the City to have assurance that the maintenance of certain areas within the Project would be provided for, the City and BSO, LLC entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution, in which BSO, LLC agreed that maintenance of such areas shall be accomplished by the creation of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular areas which were dedicated to the public on one or more of the Final Maps but which include landscaping and drainage improvements to be maintained by the MHOA. The public areas to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas." E. The City desires to grant to BSO, LLC easements forlandscape maintenance purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to facilitate the obligations of BSO, LLC as set forth in Supplemental Subdivision Improvement Agreements, 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 BSO, LLC and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA 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 14(f) below. 2. Maintenance Oblie:ations (a) BSO, LLC to Initially Maintain. BSO, LLC 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 MHOA 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 te= "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 perfo=ance of the maintenance responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City. 4/16104 -2- 3-ij'l 061800-0148251803.1 4/16104 (b) Transfer to MHOA. Upon BSO, LLC's transfer of maintenance obligations to the MHOA, (i) theMHOA shall become obligated to perform the obligations so transferred, and(ii) subject to the Citydeterrnining that the requirements of Paragraph 3 below have been satisfied, BSO, LLC shall be released from such obligation. Transfer of maintenance obligations to the MHOA may be phased (that is, there may be multiple transfers). BSO, LLC represents to City that it intends to, and has the authority to, unilaterally transfer said maintenance obligations either (i) to the MHOA and that such transfer has been provided for in the Master Declaration, and that such document(s) include the provisions described in Paragraph 3( a)(ii) below, or alternatively (ii) to a new homeowners association (the "New Association") established for maintenance of the open space and thoroughfare median areas in the Property, and that such transfer shall be provided for in the declaration ofrestrictions (the "New Declaration") for the New Association, and that such document(s) shall include the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement to the "Association" shall include the New Association and "Declaration" shall include the New Declaration ifBSO, LLC elects to form anew homeowners association for the Property. (c) Transfer By MHOA. TheMHOA shall have the right to transfer Maintenance obligations to a sub-association ("SHOA") or to the owner of an apartment project ("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i) the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii) the MHOAshall be released from the obligations so transferred subject to the Citydetennining that the requirements of Paragraph 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, BSO, LLC does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assie:nment bv 880. LLC and Release of8S0. LLC (a) Assignment. Upon BSO, LLC's transfer of the Maintenance obligations to the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance obligations either itself or by contractors. Such transfer will release BSO, LLC from its obligations only if all of the following occur: (i) MHOA Accents Obligation. The MHOA has unconditionally accepted and assumed all ofBSO, LLC's obligations under this Agreement in writing, such assigrunent provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations ofBSO, LLC under this Agreement. The assigrunent shall also have been approved by the appropriate governing body of the MHOA by resolution or sirnilarprocedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assigrunent. (ii) MHOA's Master Declaration. The City has confirmed that there have been no modifications to the recorded Master Declaration previously approved by City, to any of the following provisions: the MHOA shall be responsible for the maintenance -3- .3 - ¥ f:::-' 061800-0148251803.1 of the MHOA Maintained Public Areas, the MHOA shall indemnify City for all claims, demands, causes of action, liability or loss related to or arising from the maintenance activities, and the MHOA 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 rust mortgages or owners of the Property. (iii) MHOA Insurance. The MHOA procures and formally resolves to maintain at its sole cost and expense, commencing no later than the City's release of all ofBSO, LLC's landscape maintenance bonds, a policy of public liability insurance which at least meets the requirements of Section 5.1 (a) of the Master Declaration which reads as follows: (a) General Liability Insurance. The Master Association shall obtain a comprehensive general liability and property damage insurance policy insuring the Master Association and the Owners against liability incident to ownership or use of the Master Association Property. The limits of such insurance shall not be less than $3 Million covering all claims for death, personal injury and property damage arising out of a single occurrence. The insurer issuing such insurance shall have rating by AM. Best of "A, Class V" or better with no modified occurrences and as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions provided they are available on a commercially reasonable basis: (i) The City of Chula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements the Master Association do so; (ii) The policy shall not contain a cross-suit exclusion clause which would abrogate coverage should litigation ensue between insureds; (iii) The policy shall contain the following severability clause (or language which is substantially the same): "The coverage shall apply separately to each insured except with respect to the limits of liability." This Section 5,l(a) may not be amended without the written consent of the City Planning Director or City Attorney. The MHOA shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 4/16/04 -4- .3-~~ 061800-Û148251803.1 (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, BSO, LLC shall be released from its obligations under this Agreement, including its security and insurance requirements. BSO, LLC 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, BSO, LLC shall give a notice to the City ofBSO, LLC's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). 4. AssÌ!mment bv MHOA and Release of MHOA. (a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either itself or by contractors. Such transfer will release the MHOA from its obligations only if all of the following occur: (i) Transferee AcceDts Obligation. The Transferee has unconditionally accepted and assumed all of the MHOA's obligations under this Agreement in writing, such assigrunent provides that the burden of this Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations of the MHOA under this Agreement. If the Transferee is an SHOA, the assigrunent shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration of Restrictions. If the Transferee is an SHOA, the City has reviewed and approved the SHOA's recorded Declaration of Restrictions to confirm that said document contains appropriate maintenance and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of public liability insurance which meets the requirements set forth in Paragraph 3 (a) (iii) above. The SHOA shall provide the City with a Certificate of Insurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 4( a) are fulfilled, the MHOA shall be released from its obligations under this Agreement, including its security and insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice to the City of MHO A's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). 5. BSO. LLC's Insurance. Until such time as theMHOAhas obtained the general liability insurance required by Section 5.1 (a) of the Master Declaration, BSO, LLC 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 work being completed to the General Services Department and the General Services Department Director 4/16104 -5- 3 -<ý' 7 061800-0148251803.1 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 Liabilitv Insurance. BSO, LLC shall obtain a comprehensive general liability and property damage insurance policy insuring BSO, LLC 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 ofChula Vista shall be named as an additionally insured party to such insurance pursuant to the City's requirements BSO, LLC 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 of liability." BSO, LLC shall provide the City with a Certificate of Insurance upon procurement of the policy as set forth above. 6. Indemnitv. BSO, LLC 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, flIID, or entity because of or arising out of or in connection with the use, maintenance, or repair of the MHOA Maintained Public Areas. BSO, LLC shall not have any liability under this section by reason of the Transferee's failure to maintain. 7. Indemnitv If Transferee. The document whereby BSO, LLC transfers a Maintenance obligation to a Transferee shall be signed by both BSO, LLC and the Transferee and shall set forth an express assumption ofMaintenance and other obligations hereunder and shall include the following indemnification provision: Indemnity. The Transferee shall defend, indemnify, and hold harmless the City, its officers, agents and employees, from any and all actions, suits, claims, damages to persons or property, costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any sort (herein "claims or liabilities"),which result from the Transferee's failure to comply with the requirements of the obligations transferred hereby to Transferee. Transferee shall not have any liability under this Indemnity by reason of another party's failure to maintain. It is specifically intended that the City shall have the right to enforce this Indemnity. This Indemnity may not 4116104 -6- .:i?-~P 061800-0148251803.1 be amended without the written consent of the City Director of Planning and Building or City Attorney. 8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding upon BSO, LLC and any successive Declarant under the Master Declaration. This Agreement shall be binding uponMHOA and any Transferees upon transfer of maintenance obligations to the MHOA or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and interests ofthe parties as to any or all of the Property. 9. 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. 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. , 10. Governine:Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 11. 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. 12. Counteroarts. 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. 13. Recordine:. 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 has been approved by the City Council. 14. Miscellaneous Provisions. (a) Notices, Unless otherwise provided in this Agreement or by law, any and all notices required orperrnitted by this Agreement orby law to be served on or delivered to either party shall be in writing and shall be deemed dilly 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. A partymay change such address for the purpose of this Paragraph by giving written notice of such change to the other party. 4/16/04 -7- 061800-0148251803.1 .., ." """,. """1'" .;;; " If To City: CITY OF CHULA VISTA Department of Public Works/Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer IfTo BSO, LLC: BROOKFIELD SHEA OTA Y LLC c/o Brookfield Otay LLC 12865 Pointe Del Mar, Suite 200 Del Mar, CA 92014 Attn: Mr. John Norman With a Copy To: Shea Otay Village 11 LLC 10721 Treena Street, Suite 200 San Diego, CA 92131 Attn: Mr. Ryan Martin (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, together with any other written document referred to herein, embody the entire agreement and understanding between the parties regarding the subject matter hereof, and any and all prior or contemporaneous oral or written representations, agreements, understandings and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. (d) Recitals; Exhibits, Anyrecitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws, In the performance of its obligations under this Agreement, BSO, LLC, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (f) Authority of Signatories, Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. 4/16104 -8- 061800-0148251803.1 .3- S7J (g) Modification. This Agreement may not be modified, terminated orrescinded, in whole orin part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. (h) Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such 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 permitted by law. (i) Preparation of Agreement. No inference, assumption orpre~umption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It sha11 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. CITY OF CHULA VISTA, a municipal corporation By: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney 4116104 -9- 061800-0148251803.1 ..:3 - £1 BROOKFIELD SHEA OT A Y LLC, a California limited liability company By: Brookfield Otay LLC, a Delaware limited liability company, Member By Its J ;'.. i) / . <~ p ~~'Xl '- STEPHEN R DOYLE é", President BY7~ Its ,Øc; IE.Pille qlu/ STATE OF CALIFORNIA ) ) ss, ) COUNTY OF SAN DIEGO On ~. '2ð, ,200~ before me, ~{Jì-¡ ~, &~ Notary ~ublic in and for said State, personally appeared ~'^ 'IS. \J a.-,,-,,-,,- ~ "\ ~ 'SR~~~ ~ personally known to me €or prevcd to m<: Oli !hi:: ¡'lt5is of satÍsfaetoI] ".j,knee;) to be the person(s) whose name(s)tilare subscribed to the within ÎnstrunJent and acknowledged to me that lw.£sht:/they executed the same in IHsif!er/their authorized capacity(ies), and that by lmIfter/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. -",~,,"":" ~ - - - ,. - - - - ¿~'" i ELIZABETH G. BLUST So - Commiuion"136t322 r ~ Notary Public - Califomia ~ j San Diego County f ." - - -My ..:":m._~~ Ju: r~ ~ (Seal) s¡~~ 4/16104 -10- 061800-0148251803,1 .3 ~.... t¡;;,,¿ STATE OF CALIFORNIA *~~ personallyknowntome(m I' ':;I t .! mth:hsisefsatisfa6torye.iè¡¡¡:¡~~tobetheperson(s) whose name( s) .tsIare subscribed to the within instrument and acknowledged to me that ftetsftefthey executed the same in~eir authorized capacity(ies), and that by ~eir signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 4 » . ~ £ (Seal) 4/16/04 -11- 061800-0148251803.1 .3 ~':;;:3 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: A PORTION OF CROSSROADS STREET AS DEDICATED TO PUB\-IC USE ON CHULA VISTA TRACT NO, 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-6 ACCORDING TO MAP THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON ,2004 BEING A SUBDIVISION OF LOT 3 OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 "A" MAP NO. 2,IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. -' FILED IN THE OFFICE OF SAID COUNTY RECORDER, ON -' 2004. PARCEL A.1: A PORTION OF COPPER PENNY DRIVE AS DEDICATED TO PUBLIC USE ON CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-6 ACCORDING TO MAP THEREOF NO. -' FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON ,2004 BEING A SUBDIVISION OF LOT 3 OF SAID MAP NO, -' ß-L/ ,# d Lt/ 9 ~kð04 DAVID W. AMBLER / L.S.7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 1 OF 1..,;) .-.<::.t' :TS M:\OO61\389\Legal DescriptionslAO1 R-6 HOA STREETS.doc ,.;;;) .. ::; -r WO 61-389 3/9/04 EXHIBIT "B" CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-6 27 7 6 5 4 3 0 0 '" 0 0 ," 0 0 ~~ .~ ~ AREA TO BE MAINTAINED BY ASSOCIATION / I . HUNSAKER !{ & ASSOCIATES '" ""°.'<0 PlANNING 10179 H~"""'m' "re" ENGINEERING S" D_,o. C. '2121 SURVEYING PHI'58)""'5O0' FXI658)ss."" -;)" ::~~ R,\O~22\Jt"'op\HOA !./AINT EX SHT O/.owe[ /27SJ"'o,-O9-200~,O9,53 - w.O. 6/-389 ..:;..J .;.;.> ... EXHIBIT "C" Maintenance Responsibilities City of Chula Vista Area HOA Maintenance Maintenance Parkways within those Landscaping in the parkways Maintenance of curb, gutter, portions of those public road including irrigation, trimming sidewalks and pavement. shown on Exhibit "B" and pruning of trees, and maintenance and irrigation of turf areas. 4/16/04 061800-0148251803,1 "", .. l:.:.(",., .::; .",.1'....- ~(~ -.- r- - - -- '5- - -- Item -1:.- Meeting Date: May 11, 2004 0lY OF CHUIA VlSfA COUNCIL AGENDA STATEMENT SUBMITTED BY: Resolution Approving the Application for Used Oil Recycling Block Grant # UBG 1 0-04 from the CA Integrated Waste Management Board, Authorizing the City Manager to Execute All Documents in Conjunction with Administering the Grant. Director, Conservation & Environmental service~ A Conservation Coordinator, Conservation & Environmental ServicesJ:P\ CityManager~ (4/5ths Vote: Yes_NolL) ITEM TITLE: REVIEWED BY: BACKGROUND: The California Used Oil Enhancement Act (1999) requires the collection of four cents for every quart oflubricating oil sold, transferred and imported into California from oil manufacturers. Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act mandates that the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil and oil filter recycling. RECOMMENDATION: That the City Council adopt the resolution approving the application and authorizing the City Manager to execute all documents in conjunction with the application for administration of the grant. BOARD/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission reviewed and supported the used oil-recycling program as part of the first grant application in 1994. DISCUSSION: This grant is a "regional" program that includes the cities ofChula Vista, Imperial Beach, and National City. The program targets regional watershed protection issues that affect all the Cities that share the South Bay watershed. The primary purpose of this block grant is to provide alternatives to the illegal disposal of used oil in storm drains and waterways, through a network of collection opportunities and outreach efforts to inform and motivate the public to recycle used oil. The $87,122 grant will continue to provide technical assistance and new supplies for approximately 33 free used oil recycling drop-off centers and curbside collection programs in Chula Vista and Imperial Beach, which were established and maintained under the previous grants, for the upcoming year. The public education component will allow the City to continue to provide advertising, portable displays, point of purchase displays, the used oil hotline, billing inserts, bottles and funnels, and other promotional activities throughout the South Bay. Grant funds have also been used to provide oil filter crushers and oil filter collection for at least two automotive related businesses in each participating city. The grant could also help offset some of the public education and supply costs associated with used oil recovery at the household hazardous waste facility located at 1800 Maxwell Road. No local matching funds are required by the State, however the City does invest some public education funds from the Recycling Program and the Chula Vista Storm Water Management Program to fund complimentary activities, including but not limited to the hotline information and reporting program, promotional, and outreach program costs. The grant also ~-/ Item 4 Meeting Date: May 11, 2004 provides funds for overhead costs; such as appropriate Administration and Finance Department support services. FISCAL IMPACT: The grant will provide $87,122 to implement used oil recycling education and promotion through the 2004/2005 fiscal year. If approved $87,122 will be appropriated in the 2004/05 fiscal budget process. There is no additional fiscal impact as a result of the recommended action to adopt the attached resolution. The program does not require matching funds, however it does allow the Conservation Coordinator to more effectively compliment other funds approved by Council for recycling, household hazardous waste and Storm Water Management Program public education, collection and prevention programs. The grant provides funds to cover direct and overhead costs that are required by the program's implementation. Lf:used oi1/UBG 10 Attachments 4 - .).... . RECYCLE USED OIL 2004/2005 Used Oil Recycling Block Grant Application (10th Cycle) Application Due Date: Received no later than June 1,2004,4:00 p.rn. Mail To: California Integrated Waste Management Board, Attention: Grants Administration Unit MSIO; BG (10th Cycle) for FY 2004/2005; 1001 I Street, P.O. Box 4025, Sacramento, CA 95812-4025 Applicant: (If a regional program, list lead agency first and add/cross out jurisdictions that have changed status) Cities of Chula Vista (lead agency), Imperial Beach, and National City Estimated Total Grant Amount: $87,122 Address: New Address: (If changed) 276 Fourth Ave Chula Vista, CA 91910 Primary Contact: New Primary Contact: (If changed) Lynn France Printed Name of Primary Contact Printed Name of Primary Contact Title: Title: Conservation Coordinator Phone: Phone: 619476-5384 E-Mail address: E-Mail address: Ifrance@ci.chula-vistaca.us Fax: Fax: 619409-5884 Signature Authority: New Signature Authority: (If changed) David D. Rowlands Jr. Printed Name of Signature Authority Printed Name of Signature Authority Title: Title: City Manager Phone: Phone: 619691-5031 E-Mail address; E-Mail address: drowlands(Q)ci.chula-vista.ca.us Fax: Fax: 619409-5884 Consultant: (If applicable) New Consultant: (If applicable andlor changed) Contact Name: Contact Name: Phone: Phone: E-Mail address: E-Mail address: Fax: Fax: Co-Operative Project: (If applicable) Percentage (%) or Flat Amount to Lead Agency: - Chula Vista $60,599; hnperial Beach $8,376; Nanonal City $18,147 Lead Agency: _City of Chula Vista ~-3 Reimbursement Option: For Grantees receiving $20,000 0 Elect the reimbursement option or less, the option for reimbursement payment is available. TIùs eliminates the interest-tracking requirement for advanced payment. Proposed BGI0 Grant Project Summary: (Briefly describe your proposed used oil and filter program.) The South Bay Regional Used Oil program will continue to provide technical assistance and new supplies to 33 used oil recycling drop-off centers; curbside collection programs; HHW facility used oil collection; and associated public education and outreach, established under previous grants- Monies will be designated for storm drain filter maintenance for the filters installed under the previous grant. - Grant Spending Projections: (Check aU activities that apply to your proposed program and note the percentage oftotal grant funds you expect to spend in the eight major categories) Permanent CoUection Facility Percentage of Grant Amount _14___Yo 0 Non-Certified Collection Centers ~ Certified Collection Centers 0 Certified Center HaulinglRecycling J!I HHW'Permanent-Facility Hauling 0 Small Quantity Generators r¡J Filter Collection 0 Agricultural Collection 0 Airport Project 0 Marina Project 0 Other Temporary or Mobile Collection Percentage of Grant Amount % 0 HaulinglRecycling OTemporary Events 0 Filter Collection 0 Small Quantity Generators 0 Agricultural Collection 0 Other Residential Collection Percentage of Grant Amount 15 - % -ø HaulinglRecycling 1jl Curbside Collection 0 Door-to-door Collection 0 Other Publicity and Education Percentage of Grant Amount 30- % ~ Public Education 0 School Education ~Special Events 0 Newsletter 0 Small Business jK Target Audience: \)Þ;-I: io" '51!~ !)(Language if other than English: (circle all that applY~ Mandarin Vietnamese Other: 0 Community Based Social Marketing 0 Transit Ads 0 Brochure 0 Video 0 Television ¡(Newspaper 0 Direct Mail (Utility Insert 0 Radio -g Containers ~ Other Prerniums 0 Other Stormwater Mitigation Program Percentage of Grant Amount 11 _% 0 Stormwater Mitigation ç)(Supplies and Materials ljÖ'ublicity & Education ~ersonnel 0 Other Load Checking Percentage of Grant Amount % 0 Load Checking 0 Other Personnel/Other Percentage of Grant Amount 30- % ~Personnel 0 Other Co-Operative Project Percentage of Grant % Amount Grand Total 100 % Electronic copies of the application can be found at the CIWMB's website: www.ciWlDb.ca.gov/usedoil/grantslblock ¿¡-if Certification I declare, under penalty of perjury, that all information submitted for the California Integrated Waste Management Board's consideration for allocation of grant funds is true and accurate to the best of my acknowledge and belief. ~y! <CÞP-.J--;:,ø Authorized Signatory (',1 /4<J""~<"""f' Title ' Electronic copies of the application can be found at the CIWMB's website: www.ciWIDb.ca.gov!usedoil!grantsiblock ¥'-5 Y/.17/,0' ç.. Date ílli' California Integrated Waste Management Board Terry Tarnrninen Secretary Jar Environmental Protection Linda Moulton-Patterson, Chair 1001 I Street. Sacramento, California 95814. (916) 341-6000 Mailing Address: P. O. Box 4025, Sacramento, CA 95812-4025 www.ciwmb.ca.l!ov .....' Arnold Schwarzenegger Governor 4PR 72 2004 April 1,2004 To: Used Oil Block Grant Recipients Subject: Application for the Used Oil Recycling Block Grant (10th Cycle) Fiscal Year 2004/2005 (BGlO) Enclosed is the Application for BGI0. Used Oil Block Grants (Block Grants) are not competitive. To receive a Block Grant local governments need only: (1) submit a timely, completed application package; (2) not be delinquent with any annual report for previous grant cycles; (3) return the executed Grant Agreement within ninety (90) days of the date of mailing by the California Integrated Waste Management Board (CIWMB); and, (4) pay in full, within ninety (90) days from the date of the award, of all outstanding debt(s) owed by the proposed Grantee to the CIWMB. The CIWMB expects to award these grants at its July 2004 Board Meeting. Funding is subject to availability. NOTICE TO PROCEED: A new policy of the Used Oil program is to send a legal notification, called a Notice to Proceed, to all Grantees, which provides the effective date you are authorized to begin incurring costs related to your grant. The Notice to Proceed for UBG 10 is expected to be July 1, 2004. DRAFT PROCEDURES AND REQUIREMENS: The draft version of the Procedures & Requirements will be available online for your reference at our website www.ciwmb.ca.l!ov/usedoil/grants/Block/1 OthCvcle. APPLICATION: To simplify the application process, a partially completed application form is included based on information submitted in your BG9 application. If you did not apply for the 9th cycle, you will receive a: blank application. California Environmental Protection Agency :Z~ Printed on Recycled Paper The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our Web site at httnJI,~vw.c;wmb.ca..ovl ¥-b Párticipating Jurisdictions for the Used Oil Recycling Block Grant, Fiscal Year 2004/05 Please correct, add, and/or cross out any jurisdiction(s) that are no longer participating. Total Grant Amount Lead Jnrisdiction: ChuIa Vista Participating Jurisdictions Imperial Beach 825 Imperial Beach Blvd. Imperial Beach, CA 91932 Hank Levien (619) 628-1369 National City Page 1 of I 4-7 $87.122.00 $60,599.00 $8,376.00 $18,147.00 City of National City Department of Public Works 1243 National City Blvd" National City, CA 91950 (619) 336-4580 (619) 336-4380 Fax: (619) 336-4397 <f§,~ ,\G;;, ~~ April 19,2004 California Integrated Waste Management Board (CIWMB) Attn: Steve Hernandez, Acting Branch Manager Grants Administration Unit, MS 10 Used Oil Block Grant FY 04/05 (10th) Cycle 1001 "I" Street P.O. Box 4025 Sacramento, CA 95812-4025 lETTER OF AUTHORIZATION, USED Oil BLOCK GRANT FY 2004/05 Dear Mr. Hernandez: The City of National City authorizes the City of Chula Vista to submit to the California Integrated Waste Management Board a regional application for the Used Oil Recycling Block Grant, Fiscal Year 2004/2005 on its behalf. The City of Chula Vista is hereby authorized and empowered to execute all grant documents necessary to secure grant funds and implement the approved grant program. Sincerely, SillLl¿)J~ Stephen M. ~j-kPatrick Acting Director of Public Works / Engineering c: Lynn France, City of Chula Vista @ Recycled Paper ~-P. RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA APPROVING THE APPLICATION FOR USED OIL RECYCLING BLOCK GRANT #UBGlO-04 FROM THE CA INTEGRATED WASTE MANAGEMENT BOARD AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH ADMINISTERING THE GRANT WHEREAS, the California Used Oil Enhancement Act mandates the California Integrated Waste Management Board (CIWMB) use a portion of the funds to provide block grants to local governments for used oil programs that encourage used oil recycling. WHEREAS, the Act requires the collection of four cents for every quart of lubricating oil sold, transferred and imported into California from oil manufacturers; and WHEREAS, Chula Vista consumers pay four cents per quart into the fund when they purchase oil; and WHEREAS, this block grant is a "regional" program that includes the Cities of Chula Vista, Imperial Beach and National City; and WHEREAS, the primary purpose of this block grant is to provide $87,122 to provide alternatives to the illegal disposal of used oil in stonn drains and waterways, through a network of collection opportunities and outreach efforts to infonn and motivate the public to recycle used oil; and WHEREAS, among other things, the grant will continue to provide technical assistance and new supplies for approximately 33 free used oil recycling drop-off centers established and maintained under the previous grants. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the application for Used Oil Recycling Block Grant #UBGlO-04 from the CA Waste Management Board and authorize the City to be the lead jurisdiction. BE IT FURTHER RESOLVED that the City Manager is authorized to execute all documents in conjunction with securing and administering the grant, in final fonns approved by the City Attorney. Presented by Approved as to fonn by ~ c..- î. Hec........a.- - V "c.- Ann Moore City Attorney Michael Meacham Director, Conservation & Environmental Services Hatlarneylr.,alg,antIUsed OJ[ Black Gmm #UBGIO-O4 1/-7' ITEM TITLE: SUBMlnED BY: REVIEWED BY: BACKGROUND CITY COUNCIL AGENDA STATEMENT ITEM NO.: MEETING DATE: 5 05/11/04 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 DOWNPAYMENT (ADDI); AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING TRANSMlnAL 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 f¡. j.,p{ PMENT DIRECTOR CITY MANAGER 4/5THS YOTE: YES D NO 0 The Ci1y of Chula Vista is eligible to receive $2,379,000 in CDBG; $1,048,000 in HOME; $113,259 in ADDI; and $87,169 in ESG entitlement funds from the U.S. Department of Housing and Urban Development (HUD) for FY 2004-05 upon submittal and approval of the Consolidated Annual Plan (Exhibit A) to HUD. Additionally, staff is recommending allocating an additional $198,719 in available CDBG funds from prior years for a total investment into the communi1y of $3,826,147 in federal housing and communi1y development funds. On April 6, 2004, the Ci1y Council held a public hearing to review and receive public comment on projects and programs being considered for CDBG; HOME; ADDI; and ESG funding for FY 2004-05 and to be highlighted within the Annual Pion. A summary of the FY 2004-05 CDBG/HOME Program Spending Plan is included as Attachment A of the Resolution. Staff is recommending that Ci1y Council approve the Consolidated Annual Plan and its submittal to HUD for approval by the May 17th deadline. Consolidated Annual Plan The Consolidated Annual Plan identifies a strategy for addressing the needs of the communi1y through the use of CDBG; HOME; ADDI; and ESG funds. These needs include allocating funds for administration and planning, capital improvements, communi1y projects, economic development, public services, affordable housing, single-family rehabilitation, and first-time 5-/ PAGE 2, ITEM NO.: MEETING DAlE: 6 05/11/04 homebuyer programs. Per HUD regulations, the Cily must hold a 30-day comment period for the public to review the Consolidated Annual Plan and make comments or suggest changes. The 30- day comment period to review the draft Consolidated Annual Plan ("Plan") began on April 9, 2004 and will end on May 10, 2004. To dote, no comments have been received from the public. RECOMMENDATION That the Cily Council adopt the resolution approving the 2004-05 Consolidated Annual Plan includes funding recommendations for the CDBG; HOME; ADDI; and ESG programs; authorizing transmittal of the Consolidated Annual Plan to the U.S. Deportment of Housing and Urban Development (HUD); and instruct stoff to include appropriations to fund the Consolidated Annual Plan in the FY 2004-05 proposed budget. BOARDS/COMMISSIONS RECOMMENDATION The CDBG Ad-Hoc Committee reviewed the Public Service funding applications. Their funding recommendations are included in this report. Members of the CDBG Ad-Hoc Committee included volunteers from the Commission on Aging and the Housing Advisory Commission. DISCUSSION For the 2004-05 CDBG program, the Cily of Chula Vista is eligible to receive a CDBG entitlement of $2,379,000. Stoff is also recommending on additional $19B,719 from the available balance in the CDBG account to increase the CDBG entitlement to $2,577,719. The total amount of CDBG funding requested is summarized as follows, along with stoff's funding recommendation. All funding recommendations are further subject to HUD approval of the Annual Plan and its spending plan. CATEGORY Administration and Planning Capitol Improvement Program Communily Projects Economic Development AMOUNT REQUESTED $450,140 $1,603,475 $303,500 $166,445 Public Services $708,329 STAFF RECOMMENDATION $450,140 $1,417,925 $221,497 $161,307 $320,000 $6,850 1 $326,850 TOTAL $3,231,889 $2,577,719 1 Staff is providing discretionary funding for Council to allocate through the Public Service category. 5-.1- PAGE 3, ITEM NO.: MEETING DAlE: C7 05/11/04 Fundina AnalYSis Staff would like to highlight that in making funding recommendations, the current economic climate has been taken into consideration. In past years, in an attempt to fund new organizations and to lessen the dependence of existing organizations, staff has recommended a 10 percent reduction in funding for those organizations who have been receiving CDBG funding in excess of 10 years. This methodology was implemented and approved by Council for the past three years. However, with the continuing "budget crisis" at the State and local levels, it is recommended that the 10 percent reduction not be implemented and organizations are recommended for funding at a level consistent with FY 2003-04. ADMINISTRATION AND PLANNING The following is a summary of the 2004-05 CDBG Administration and Planning activities totaling $450,140. ADMINISTRATION REQUESTS AMOUNT REQUESTED TAB 1 SOUTH BAY FAMILY YMCA HUMAN SERVICES COUNCIL I AMOUNT REQUESTED I $28 000 I FY 2003-04 FUNDING I $23 940 I FY 2004-05 STAFF RECOMMENDATION I $23 940 The Human Services Council develops coalitions between the communities of human service providers to effectively utilize personnel and programs and serve as a catalyst to bring local government, private industry and business organizations together to address and resolve the communities needs. TAB 2 REGIONAL TASK FORCE ON THE HOMELESS I AMOUNT REQUESTED I $1000 I FY 2003.04 FUNDING I $1,000 I FY 2004-05 STAFF RECOMMENDATION I $1,000 This program provides local agencies information on the homeless population throughout San Diego County. S.3 TAB 3 TAB 4 TAB 5 PAGE 4, ITEM NO.: MEETING DATE: í '? 05/11/04 CHILD AND YOUTH POLICY ADVOCATE I AMOUNT REQUESTED I $49.331 I FY' 2003.04 FUNDING I $46.200 I FY' 2004.05 STAfF RECOMMENDATION I $46 200 This position supports the mission of the Child Care Commission and addresses two major goals: [1] serve as a resource to the Coordinating Council; and [2] increase community awareness of the Child Care Commission. FAIR HOUSING COUNCIL OF SAN DIEGO I AMOUNT REQUESTED I $39,000 I FY' 2003-04 FUNDING I $39,000 I FY' 2004.05 STAfF RECOMMENDATION I $39,000 The Fair Housing Council assists the City in praviding fair housing opportunities, respands to resident's concerns, and provides landlard-tenant counseling. CITY STAFF ADMINISTRATION I AMOUNT REQUESTED I $340 000 I FY' 2003.04 FUNDING I $307.860 I FY' 2004.05 STAFF RECOMMENDATION I S340 000 Provides for staff costs in administering the CDBG pragram including operatians. CAPITAL IMPROVEMENT PROGRAM The Capital Improvement Program categary includes both non-profit and City requests. The non-profit capital improvement recommendation is $277,925 and include three (3) new requests. The City capital improvement recommendation is $1,140,000 for a total of $1,417,925. The copital improvement program categary daes nat have a funding cap limit. I NON PROFIT CIP REQUESTS TAB 6 AMOUNT REQUESTED I BOYS &. GIRLS CLUB OF CHULA VISTA - LAUDERBACH FACILITY I AMOUNT REQUESTED I $39,000 I FY' 2003.04 FUNDING I NEW REQUEST I FY' 2004-05 STAFF RECOMMENDATION I $39.000 The Boys & Girls Club is requesting funds renovations to the restroom, senior meeting room and security upgrades. s--i TAB 7 TAB 8 TAB 9 ..-- PAGE 5, ITEM NO.: Y) MEETING DATE: 05/11/04 BOYS & GIRLS CLUB OF CHULA VISTA - OLEANDER FACILITY I AMOUNT REQUESTED I I FY 2003-04 FUNDING I I FY 2004.05 STAFF RECOMMENDATION I The Boys & Girls Club is requesting funds for lighting enhancements; installation of water pressure pump system. $65.000 $69,000 $65.000 new roof; and CHULA VISTA AMERICAN LlnLE LEAGUE I AMOUNT REQUESTED I $120,000 I FY 2003-04 FUNDING I $60.000 I FY 2004.05 STAFF RECOMMENDATION I $60.000 Funds are being requested to resurface and upgrade the parking lat. Volunteer labor continues to be used to leverage the CDBG funds. CHULA VISTA NATIONAL LlnLE LEAGUE I AMOUNT REQUESTED I $102,475 I FY 2003.04 FUNDING I NEW REQUEST I FY 2004-05 STAFF RECOMMENDATION I $75 925 The National little League is requested CDBG funds to make critical repairs and upgrades including fences, backstops, dugouts, etc. CHULA VISTA FAST PITCH GIRLS SOnBALL LEAGUE I AMOUNT REQUESTED I $187.000 I FY 2003-04 FUNDING I NEW REQUEST I FY 2004.05 STAFF RECOMMENDATION I $38.000 The Chula Vista Fast Pitch League is requesting funds to renovate their existing field. Repairs include irrigation; fencing; new bleachers; backstops; score boards; ete.. I CITY-CAPITAL IMPROVEMENT PROGRAM AMOUNT REQUESTED I TAB 10 TAB 11 SIDEWALK IMPROVEMENTS I AMOUNT REQUESTED 1$185,000 I FY 2004.05 STAFF RECOMMENDATION I $185,000 Sidewalk Rehabilitation Annual Program (Citywide) $125,000 ADA Annual Program $60,000 DRAINAGE IMPROVEMENTS I AMOUNT REQUESTED I $905,000 I FY 2004.05 STAFF RECOMMENDATION I $905,000 Installation of ultimate drainage improvements in the Judson Basin Channel from Hilltop to Tobias $525,000 Reconstruction of North Broadway and drainage work within the North Broadway Basin area $380,000 ss- PAGE 6, ITEM NO.: MEETING DATE: '] 05/11/04 CASTLE PARK ASSESSMENT DISTRICT FORMATION AMOUNT REQUESTED $50,000 FY 2004.05 STAFF RECOMMENDATION $50,000 Funds will be used to begin the assessment district formation in the Castle Park NRP COMMUNITY' PROJECTS The three (3) Community Project requests total $311,363 and include the following type of activities: [oj neighborhood revitalization/interim assistance and [b] special activities by community-based development organizations. There is not a CDBG funding cap for this category. Staff recommends funding in the amount of $221,997. I NEIGHBORHOOD REVITALIZATION/INTERIM ASSISTANCE TAB 12 TAB 13 AMOUNT REQUESTED I LUTHERAN SOCIAL SERVICES. CARING NEIGHBOR I AMOUNT REQUESTED I $29.000 I FY 2003-04 FUNDING I $29,000 I FY 2004-05 STAFF RECOMMENDATION I $29 000 Lutheran Social Services is requesting funds to continue providing health and safety home repairs to seniors. A majority of the labor is donated by local south bay contractors. COMMUNITY PRESERVATION PROGRAM I AMOUNT REQUESTED I $219,000 I FY 2003-04 FUNDING I $UOMO I FY 2004-05 STAFF RECOMMENDATION I $162,497 Funds will be used to pay the salary of a Code Enforcement Officer for Broadway Revitalization; COPPS; Community Education; and Property Maintenance programs. COMMUNITY BASED DEVELOPMENT ORGANIZATION TAB 14 AMOUNT REQUESTED SOUTH BAY COMMUNITY SERVICES COMMUNITY DEVELOPMENT PROGRAM I AMOUNT REQUESTED I $55.500 I FY 2003.04 FUNDING I $55,500 I FY 2004.05 STAFF RECOMMENDATION I $30,000 The Community Development Program includes Affordable Housing Development and Oversight of resident services; Rental Assistance and Security Deposit Guarantee Program; First-time Homebuyer Counseling and workshops with potential Chula Vista homebuyers and individual homebuyer counseling. HUD staff reviewed camponents of this program and determined that the Affordable Hausing and Oversight of resident services is ineligible. Therefore, staff recommends funding the Rental Assistance/Security Deposit Guarantee Program and the First-time Homebuyer Counseling program. S-6 PAGE 7, ITEM NO.: MEETING DATE: v7 05/11/04 ECONOMIC DEVELOPMENT REQUESTS The five (5) Economic Development requests total $166,445. Staff recommends funding in the amount of $161,307. i ECONOMIC DEVELOPMENT PROJECTS TAB 15 TAB 16 TAB 17 TAB 18 AMOUNT REQUESTED I SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL I AMOUNT REQUESTED I $17.000 I FY'2003.04 FUNDING I $13.833 I FY' 2004.05 STAFF RECOMMENDATION I $17,000 The SCEDC's small business development fund assists small businesses and provides low interest loans to start-up and existing businesses to expand, acquire equipment or to maintain working capital to pay overhead expenses. COMMUNITY DEVELOPMENT DEPARTMENT - FEE REDUCTION PROGRAM I AMOUNT REQUESTED 1$100.000 I FY' 2003-04 FUNDING I $77.900 I FY' 2004-05 STAFF RECOMMENDATION I $100,000 The Development Impact fee Reduction program is designed to assist qualifying companies pay the fees collected by the City to fund the actual construction cost of capital improvements (roads, sewers, etc.). CDBG has assisted companies such as Prafil, Leviton Manufacturing, and Hitachi locate in Chula Vista. SOUTHWESTERN COLLEGE CONTRACTING OPPORTUNITIES CENTER I AMOUNT REQUESTED I $15.889 I FY' 2003-04 FUNDING I $10 751 I FY' 2004-05 STAFF RECOMMENDATION I $10,751 This program provides hands-on technical assistance to all small, small disadvantaged, veteran owned, woman owned and Historically Underutilized Business (HUB) zone business enterprises that desire to grow and expand their businesses in the governmental market sector. The program provides assistance in competing and potentially achieving government contracts. SOUTH BAY COMMUNITY SERVICES - TEEN CENTER I AMOUNT REQUESTED I $23.556 I FY' 2003-04 FUNDING I $22.650 I FY' 2004-06 STAFF RECOMMENDATION I $23,556 This program provides youth employment training through the KIDZBIZ program. Youth are taught the essentials of operating a business. Graduates of the program have gone on to start and grow their own businesses. S-7 PAGE 8, ITEM NO.: MEETING DATE: ,.- 'J 05/11/04 TAB 19 SOUTHWESTERN COLLEGE SMALL BUSINESS DEVELOPMENT &. INTERNATIONAL TRADE CENTER I AMOUNT REQUESTED I $10,000 I FY 2003.04 FUNDING I $10,000 I FY 2004-05 STAFF RECOMMENDATION I $10.000 The Small Business Development & International Trade Center will provide Chula Vista Businesses, that have been identified as potential growth companies, with detailed research reports using Geographic Information System (GIS) for the purpose of helping the businesses grow. PUBLIC SERVICE PROGRAM The City received fourteen (14) eligible requests far public services tataling $708,329. The city may allocate up to $355,850 for public service programs, based on a 15 percent cap of the entitlement funds ($2,379,000). Staff is recommending funding in the amount of $326,850. When the YMCA Kinship program requested city assistance outside of the CDBG process in 2003-04, staff recommended funding the program knowing that the Public Services cap would be exceeded. In order to offset the overage in 2003-04, a portion of the Public Service allocation is being reserved from the 2004- 05 budget. Within staff's funding recommendation of $326,850 are discretionary funds in the amount of $6,850 for Council use within the Public Service category. If the discretionary funds are not distributed within Public Services, staff recommends increasing the city staff administration amount from $340,000 to $346,850. In order to be eligible for block grant funding, a project or service must address at least one of the CDBG national objectives which are: 1) Benefit primarily low and moderate income families; 2) aid in the prevention or elimination of slums or blight; and 3) meet other community needs having a maior emergency (disasters, etc.). PUBLIC SERVICE FUNDING REQUESTS The fourteen (14) public service funding requests total $708,329, The funding requests from public service organizations are CDBG-eligible as they meet the national objective to primarily benefit low-income families. The proposals are included in the CDBG Notebook under Public Service Requests. s-ý PAGE 9, ITEM NO.: MEETING DATE: ;; 05/11/04 Methodoloay for Makina Fundina Recommendations In developing staff recommendations, the following principles were utilized: 1. Recommended funding levels for public services was based on [aJ ability to expend CDBG funds in a timely manner; [bJ submittal of quarter reports on time; [c] review of the stated obiectives as outlined in the CDBG agreement with actual performance; and [d] the length of time an organization has received CDBG funding. 2. Recommended funding levels for public services should nat be below levels that make the offered CDBG-eligible activities infeasible. 3. Funding preferences should go to programs which best meet the criteria of providing new services to Chula Vista, providing services from a local base, collaborating efforts, reduced funding requests, and have a successful track record in providing services and expenditure of grant funds. The above principles were utilized as follows: 1. Staff used last year's approved funding level for each program as an initial basis from which to make recommendations. 2. Staff took into account the $2,379,000 entitlement expected to be received from HUD and the federally-mandated funding cap of 15 percent. 3. As per Council direction, staff gave priority to locally-based organizations which are proposing to primarily serve Chula Vista residents and collaborating agencies. Staff especially took into consideration the longevity factor of those organization's receiving CDBG assistance, since the main emphasis for receiving CDBG funding is to assist new requests and start-up organizations. Fundina Recommendations All of the programs requesting funds are identified below. The information provided includes the amount of funds requested, the prior year funding levels, the CDBG Ad-Hoc Committee funding recommendations and staff funding recommendations. If a program is recommended for funding, then staff has determined that it is a viable program at the recommended funding level. Of the fourteen proposals received, staff recommends funding eleven. The three proposals not recommended for funding include the Recreation Department's Information & Referral program; the MMC Project; and Children's Hospital of San Diego. Due to the reduced funding capacity of the CDBG program for 2004-05, staff recommends funding Information & Referral's CDBG portion of $7,059 from the General Fund. The MMC Project is not recommended to receive funding. The CDBG Ad-Hoc Committee and staff concurred that the MMC project did not S--9 PAGE 10, ITEM NO.: MEETING DATE: ~ ') 05/11/04 adequately demonstrate or communicate the need for their program in Chula Vista. Children's Hospital of San Diego also is not recommended to receive funding. Although it would be of benefit to Chula Vista to have the program active in Chula Vista, the majorily of their funding request of $177,000 is for the payment of rent. Staff discussed with Children's Hospital the funding constraints on the Public Service category and it was agreed that it would be infeasible to recommend funding for their program at this time. All of the funding requests for the public service programs are CDBG-eligible as they meet the national objective to primarily benefit low-income families. Of the $356,860 that can be allocated to the Public Services category, staff is recommending $326,850 to offset an overage of approximately $30,000 in 2003-04. Additionally, $6,850 in discretionary funds is available for Council to distribute within the Public Services category. I YOUTH SERVICES AMOUNT REQUESTED I TAB 20 CHULA VISTA YOUTH SERVICES NETWORK - COLLABORATIVE AMOUNT REQUESTED $144150 FY 2003.04 FUNDING $126.500 AD-HOC RECOMMENDATION $97.500 FY 2004-05 STAFF RECOMMENDATION $113039 This program pravides youth education and caunseling services in the area of tutoring/literacy, fine arts, mentoring, and day camp services. This collaborative is comprised of South Bay Community Services, Chula Vista Police Activities league, South Bay Family YMCA, Boys & Girls Club of Chula Vista, the Chula Vista Cluster Coordinating Council, and the Chula Vista Parks & Recreation Department. TAB 21 SHARP HEALTHCARE FOUNDATION AMOUNT REQUESTED $25.000 FY 2003.04 FUNDING $20.000 AD-HOC RECOMMENDATION $20,000 FY 2004-05 STAFF RECOMMENDATION $17,000 The Sharp Mobile Health Care Clinic will provide health care to children whose parents cannot afford health insurance. The Mobile Health Clinic will rotate among seven strategically located schools. Volunteers and nurses will transport students to the clinic from schools throughout the School District. TAB 22 YMCA KINSHIP PROGRAM AMOUNT REQUESTED $46,000 FY 2003-04 FUNDING $44000 AD-HOC RECOMMENDATION $25:000 FY 2004-05 STAFF RECOMMENDATION $20,000 The YMCA Kinship program provides services to relatives caring full time for children in the family based on the premise that placing children within the family is more beneficial and less disruptive than placing the children in foster care. s-/o PAGE 11, ITEM NO.: MEETING DATE: ,/ ,) 05/11/04 AMOUNT REQUESTED I I SENIOR SERVICES TAB 23 SOUTH BAY SENIOR COLLABORATIVE AMOUNT REQUESTED $83,100 FY' 2003-04 FUNDING $52,766 AD-HOC RECOMMENDATION $53000 FY' 2004-05 STAFF RECOMMENDATION $58,750 This collaborative comprises the organizations of Meals-on-Wheels; St. Charles Nutrition; Adult Protective Services; Lutheran Social Services Shared Housing; The Salvation Army; Elder Law & Advocacy; and the Chula Vista Parks & Recreation Department. Each of these organizations offers services to seniors including meal delivery; adult day core; and rental assistance. I MISCELLANEOUS TAB 24 AMOUNT REQUESTED I GEORGE G. GLENNER ALZHEIMER'S CENTER AMOUNT REQUESTED $10,000 FY' 2003-04 FUNDING NEW REQUEST AD-HOC RECOMMENDATION $8000 FY' 2004-05 STAFF RECOMMENDATION $5,000 The George G. Glenner center provides subsidized adult day care services through their scholarship program. The funds requested will only be used to provide direct services to their clients. TAB 25 LUTHERAN SOCIAL SERVICES COMMUNITY & FAMILY SERVICES EMERGENCY ASSISTANCE OF CV TAB 26 AMOUNT REQUESTED $15 100 FY' 2003-04 FUNDING $9,000 AD-HOC RECOMMENDATION $8.000 FY' 2004-05 STAFF RECOMMENDATION $6,500 This program was formally known as Project Hand. Community & Family Services is an emergency and career assistance center that provides clients with shelter, food, clothing, transportation, medication, job search assistance, and utility assistance. CHULA VISTA FAMILY VIOLENCE PREVENTION AND INTERVENTION COALITION - COLLABORATIVE AMOUNT REQUESTED $48.975 FY' 2003-04 FUNDING $48,975 AD-HOC RECOMMENDATION $35,000 FY' 2004-05 STAFF RECOMMENDATION $44,100 This program provides education and outreach services to children, youth and families to aid in the prevention of violence. This collaborative proposal is comprised of South Bay Community Services, Chula Vista Police Department, Center for Community Solutions, YWCA Domestic Violence Services, and YMCA Family Stress Counseling Services. s-// PAGE 12, ITEM NO.: MEETING DATE: r- /) 05/11/04 TAB 27 THURSDAYS MEAL AMOUNT REQUESTED $7.072 FY 2003.04 FUNDING $6,800 AD. HOC RECOMMENDATION $6,000 FY 2004.05 STAFF RECOMMENDATION $5000 Thursdays Meal provides free hot meols to the homeless and very low income residents of Chula Vista. TAB 28 THERAPEUTIC SERVICES COLLABORATIVE AMOUNT REQUESTED $86,793 FY 2003-04 FUNDING $38,503 AD-HOC RECOMMENDATION $40,000 FY 2003.04 STAFF RECOMMENDATION $32086 This new collaborative includes the Chula Vista Recreation Department Therapeutics Program and the Charles Cheneweth Foundation. These two therapeutics programs will collaborate to enhance the leisure/recreational opportunities for individuals with disabilities who reside in Chula Vista. TAB 29 CHULA VISTA LITERACY TEAM CENTER AMOUNT REQUESTED $9,000 FY 2003-04 FUNDING $9000 AD.HOC RECOMMENDATION $4.000 FY 2004-05 STAFF RECOMMENDATION $8.000 The Chula Vista Literacy Team Center is located in the South Branch of the Chula Vista Public Library and provides literacy services for adults. TAB 30 DRESS FOR SUCCESS - PROFESSIONAL WOMEN'S GROUP AMOUNT REQUESTED $9,000 FY 2003.04 FUNDING $9.000 AD-HOC RECOMMENDATION $8,000 FY 2004-05 STAFF RECOMMENDATION $8.000 This program is designed to provide Employment Retention and Professional Image services to economically disadvantaged women who are making the transition from government subsidy to economic independence. TAB 31 RECREATION DEPARTMENT. INFORMATION & REFERRAL AMOUNT REQUESTED $12,739 FY 2003.04 FUNDING $7059 AD.HOC RECOMMENDATION $5,000 FY 2004.05 STAFF RECOMMENDATION $0 The Recreation Department is requesting assistance for the I&R Specialist. The purpose of the I&R Specialist is to provide comprehensive, uncomplicated, and readily available health and human service information. Staff recommends funding the CDBG portion of $7,059 from the General Fund. S:-/L PAGE 13, ITEM NO.: MEEIING DAlE: s 05/11/04 TAB 32 METROPOLITAN AREA ADVISORY COMMITTEE - SELF SUFFICIENCY PROGRAM AMOUNT REQUESTED $25,000 FY 2003.04 FUNDING NEW REQUEST AD.HOC RECOMMENDATION $0 FY 2004.05 STAFF RECOMMENDATION $0 The MAAC Project's Self Sufficiency program provides employment screening ond referral, energy ossistonce olong with other social service programs. MAAC is requesting funds for the housing assistonce and food voucher progrom. At this time staff and the CDBG Ad- Hoc Committee concurred that MAAC did not effectively communicate or demonstrate their need for the program in Chula Vista. lAB 33 CHULA VISTA VEIERANS HOME SUPPORT FUND AMOUNT REQUESTED $3,500 FY 2003-04 FUNDING $3.500 AD.HOC RECOMMENDATION $3.500 FY 2004.05 STAFF RECOMMENDATION $3,000 The Chula Vista Veterans Home Support Foundation raises money to fund quality of living items for the Veterans Home residents that cannot be funded by the State of California's Department of Veterans Affairs. EMERGENCY SHELTER GRANT (!!!) PROGRAM BUDGET Chula Vista will receive Emergency Shelter Grant (ESG) entitlement funds in the amount of $87,169 for fiscal year 2004-05. Since this is the first year of the entitlement, it has yet to be determined how the funds will be allocated. Currently, staff is researching the possibility of collaborating with other local jurisdictions currently receiving ESG funds and pooling the resources. lAB 34 EMERGENCY SHELlER GRANI (ESG) PROGRAM $87,169 The Emergency Shelter Grant (ESG) program is designed to be the first step in a continuum of assistance to prevent homelessness and to enable homeless individuals and families to move toward independent living. ESG is a formula-funded program that uses the CDBG formula as the basis for allocating funds to eligible jurisdictions. This is the first year Chula Vista has been eligible to receive ESG funds. HOME INVESTMENT PARTNERSHIP fHOME) PROGRAM BUDGET The City will receive $1,048,000 in HOME funds from HUD for FY 2004-05. HOME funds may be used to provide affordable rental housing and ownership opportunities through new construction, acquisition, rehabilitation, and tenant-based rental assistance. Over the past six-years the City has used these funds to support new construction and acquisition activities related to the development of affordable housing. S--/3 PAGE 14, ITEM NO.: MEETING DATE: rJ 05/11/04 The following proposals are included in the CDBG Notebook under HOME Program Budget in the following sequence: TAB 35 TAB 36 TAB 37 TAB 38 STAFF ADMINISTRATION STAFF RECOMMENDATION $104,800 Administrative costs for city staff to oversee the HOME program. These administrative costs represent 10% of the HOME budget. These costs include staff costs for coordination, accounting, monitoring of sub-recipients, environmental review, and HUD reporting requirements. Approximately $90,000 will be used to reimburse the General Fund for staff-related costs and $15,454 will be used for affordable housing compliance monitorin . COMMUNITY HOUSING DEVELOPMENT ORGANIZATION STAFF RECOMMENDATION $157,200 HOME program regulations require a participating jurisdiction to set-aside 15% of the annual HOME entitlement for a Community Housing Development Organization (CHDO) for the purpose of developing and/or supporting the City of Chula Vista in providing affordable housin ro'ect in the Ci . SOUTH BAY COMMUNITY SERVICES - OFFICE RENT STAFF RECOMMENDATION $52 00 Funds will be used for office space. As a community based development organization HOME funds are eli ible for this ro ram. AFFORDABLE HOUSING DEVELOPMENT STAFF RECOMMENDATION $733 600 Funds will be used for new affordable housing development; to acquire land for infill affordable housing units; single-family rehabilitation; and first-time homebuyer ro rams. AMERICAN DREAM DOWN PAYMENT INITIATIVE (!!!!) Chula Vista will receive $113,259 in American Dream Downpayment Initiative (ADDI) entitlement funds for fiscal year 2004-05. This new entitlement program was signed into law by President Bush in December 2003 under the American Dream Downpayment Act. These funds can be used to assist first-time homebuyers and is awarded to participating jurisdictions with a population exceeding 150,000. TAB 39 AMERICAN DREAM DOWNPAYMENT INITIATIVE $113,259 The ADDI funds will be used in conjunction with the City's first-time homebuyer programs. $-/¥ PAGE 15, ITEM NO.: MEETING DATE: s 05/11/04 FISCAL IMPACT CDBG PrOClram The City is eligible to receive $2,379,000 in CDBG entitlement funds. Staff recommends a 2004- 05 spending plan of $2,577,719. The balance of $198,719 will be appropriated from the available balance in the CDBG program account. CDBG Entitlement CDBG Funding Recommendation Surplus/(Deficit) $2,379,000 $2.577,719 ($198,719) 2 HOME ProClram Chula Vista will receive a HOME entitlement of $ 1 ,048,000. Funds will be budgeted for administration; CHDO reserve; CHDO operating; and affordable housing development. EmerClenev Shelter Grant ProClram/American Dream DownPavment Initiative New this year is the addition of the Emergency Shelter Grant (ESG) and the American Dream Downpayment Initiative entitlement funds to the City of Chula Vista. ESG funds amount to $87,169 and the ADDI funds amount to $113,259, respectively. The ESG funds will be budgeted in accordance with the ESG regulations and the ADD! funds will be used in conjunction with the City's approved first-time homebuyer program. AnACHMENTS Exhibit A - Fiscal Year 2004-05 Consolidated Annual Plan Exhibit B - CDBG, HOME, ADDI and ESG Program Spending Plan Fiscal Year 2004-05 2 The deficit of $198,719 to fund the 2004-05 CD8G Spending Plan will be appropriated from the available balance in the CDBG program account. .s-- / S- EXHIBIT A ~{f? --11-: cnv OF CHUIA VISTA Consolidated Annual Plan Fiscal Year 2004-05 This Consolidated Annual Plan delineates the City's plans for use of funds during the fiscal year 2004-05. The Plan describes: A) the resources available for program implementation; B) activity to be undertaken; C) monitoring; D) homelessness; E) anti-poverty strategy; F) coordination; G) obstacles to underserved needs; H) geographic location for expenditure of CDBG funds; I) program specific requirements; J) fair housing activities; K) objectives; and L) Section 108 Loan. This plan is consistent with the priority housing needs, priority homeless needs, priority special needs populations, and priority non-housing community development needs listed in the City of Chula Vista's Consolidated Plan for Fiscal Years 2000-2005. A. HOUSING AND COMMUNITY DEVELOPMENT RESOURCES Financing Resources Financing resources for addressing housing and community development needs are fairly limited for the City. To ultimately reach the goals of the City, a variety of resources must be used to achieve each objective. Table 1 describes the eligible activities of a variety of resources identified in this section. The limited City resources must be leveraged with additional funds from private and public sources and programs. Partnerships with banks, nonprofit, and private developers are needed. Achieving these goals requires community volunteer efforts to raise funds, solicit grants and donate time. The City can facilitate the use of developers and potential homeowners of tax-exempt financing (bond issuances), low income tax credits, and other tax credit programs. The City anticipates using the following federal programs for implementation of the Consolidated Annual Plan: ~ Community Development Block Grant (CDBG) - the City is an entitlement City and receives an annual grant from the federal government. These funds can be used for public facilities, services, or housing for low- income (80% and below the median County income) persons. For FY 2004-05 the City is expected to receive $2,379,000 in CDBG funds ~ HOME Program - the City also receives an annual grant from the HUD program through a jurisdictionally competitive process. The funds can be used for new housing construction, housing rehabilitation, rental assistance or to assist first time homebuyers. For FY 2004-05 the City is expected to receive $1,048,000 in ~ American Dream Downpayment Initiative - new to the City of Chula Vista this funding year is the addition of ADD I funds in the amount of $113,259. ~ Emergency Shelter Grant (ESG) - Chula Vista will be receiving Emergency Shelter Grant (ESG) funds in the amount of $87,169. ~ Section 8 Rental Assistance - the County of San Diego operates the City's program and will receive HUD funding for the next five years to provide rental assistance for low-income families (50% of median County income). ~ Stewart B. McKinney Homeless Act - a variety of programs are available to fund homeless transitional housing programs and emergency shelters. ~ HUD 202 Program - funds are for new construction of senior housing. s-- /(p ~ Federal tax-exempt housing revenue bonds provide low interest bonds for the acquisition and construction of low income housing projects. The City also plans to use funds through the following State or local govemment programs: ~ Redevelopment Agency 20% Set-Aside Program - every year, the City's Redevelopment Agency sets aside approximately twenty percent of the tax increment revenue it generates from its five redevelopment project areas to be used for the development and rehabilitation of affordable housing. ~ Mortgage Credit Certificate Program - tax credits for first-time homebuyers. To date the City has assisted approximately 220 first-time homebuyers. The City currently participates in the Regional MCC Consortium administered by the County of San Diego. The City supports the application of other entities within the City for programs which would assist the City in reaching the goals of the Plan. These programs include Supportive Housing, Housing for Persons with AIDS, low income housing tax credits, and mortgage revenue bonds. See Table 2: Support of Applications by Other Entities. As other programs from the State and Federal govemment arise during the five-year planning period which will assist the City in reaching the goals and objectives of the Plan, the City will pursue those resources. Non.Profit Resources Non-profit housing developers and service providers are a critical resource to the City. The following developers and service providers are some of the non-profits who have been active in the City and play an important role in the Plan. ~ Local Initiative Support CDrporation (LlSC) - Residential, commercial or mixed-use projects serving low income persons. LlSC offers non-profit capacity building and pre-development grants and loans. ~ Califomia CDmmunity Reinvestment CDrporation (CCRC) - Provides pennanent financing of multi-family rental and limited equity housing cooperatives. ~ South Bay Community Services (SBCS) - Multi-service social service agency and affordable housing developer working closely with the City on numerous community improvement projects. ~ Metropolitan Area Advisory Committee (MAAC) - Multi-service social service agency and affordable housing developer working with the City on various affordable housing projects. For.Profit Resources ~ Bank of America - Residential, commercial or mixed-use projects serving low income persons. Bank of America offers assistance in the fonn of construction loans and rehabilitation loans. CityofChula Vista 2004- 05 Consolidated Annual Plan ~-/7 Page 2 TABLE 1 PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES a. FormulalEnti~ements HOME Flexible grant program awarded Acquisi~on 2004-05 Funding - to the City on a formula basis Rehabilita~on $1,048,000 for housing activities. Home Buyer Assistance Rental Assistance CDBG 2004-05 Grants awarded to the City on a Acquisition Funding $2,379,000 formula basis for housing Rehabilitation activities. Home Buyer Assistance Economic Development Homeless Assistance Public Services American Dream Federal grant awarded to Chula Home Buyer Assistance Downpayment Iniative Vista for first time homebuyer Funding $113,259 assistance. Housing Opportunities for Persons with AIDS (HOPWA) Entitlement and Competitive Grants for Housing Assistance and Supportive Services for PHAs. Grants awarded to City on a formula basis, are administered by the County. Public Housing Ownership (HOPE1) Home Ownership of Multi- Family Units (HOPE2) Home Ownership for Single-Family Homes (HOPE3) HOPE Home ownership assistance awarded on a competitive basis, requires non-federal matching funds. CityofChula Vista 2004- 05 Consolidated Annual Plan $-11' Page 3 TABLE 1 PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES (continued) b. Competitive Programs (continued) Emergency Shelter Grants (ESG). FY2004-05$87,169 Section 8 Rental Assistance Program Shelter Care Plus Section 202 Section 811 Grants to improve quality of existing sheltersflncrease number of new shelters for the homeiess. Funds are awarded to local non-profits through the State. Rental assistance payments to owners of private market rate units on behalf of very low income tenants. Administered by OCHA. Homeless Assistance Acquisition New Construction Rehabilitation Support Services Rental Assistance Grants for rental assistance Rental Assistance offered with support services to homeless with disabilities and disabled households. Grants to non-profit developers of supportive housing for the elderly. Grants to non-profit developers of supportive housing for persons with disabilities, including group homes, independent living facilities and intermediate care facilities. Acquisition Rehabilitation New Construction Rental Assistance Support Services Acquisition Rehabilitation New Construction Rental Assistance CityofChula Vista 2004- 05 Consolidated Annual Plan .s:--/'7 Page 4 TABLE 1 PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES (continued) b. Competitive Program (continued) 2. State Programs Economic Adjustment Assistance - Sudden and Severe Emergency Shetter Program Mobile Home Park Conversion Program Califomia Housing Finance Agency (CHFA) Multiple Rental Housing Programs Provides funding for areas facing actual or threatened unemployment as a result of sudden economic dislocation. Public facilitiesl services Business Development Planning Rent supplements Mortgage payment assistance Research Technical assistance Training Relocation of individuals and unemployment compensation Grants awarded to non-profit Support Services organizations for shelter support services. Funds awarded to mobile home park tenant organizations to convert mobile home parks to resident ownership. Below market rate financing offered to builders and developers of multi-family and elderly rental housing. Tax exempt bonds provide below- market mortgage money. Acquisition Rehabilitation New Construction Rehabilitation Acquisition of Properties from 20 to 150 units CityofChula Vista 2004 - 05 Consolidated Annual Plan s: ..uJ Page 5 TABLE 1 PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES (continued) 2. State Programs (continued) California Housing Finance Agency Home Mortgage Purchase Program Mortgage Credit Certificate Program Low Income Housing Tax Credit Califomia Housing Rehabilitation Program - Owner Component CHFA sells tax-exempt bonds to make below market loans to first time home buyers. Program operates through participating lenders who originate loans for CHFA purchase. Income tax credits available to first time home buyers for the purchase of new or existing single- family housing. Local agencies make certificates available. Tax credits available to individuals and corporations that invest in low income rental housing. Tax credits sold to corporations and peopie with high tax liability and proceeds are used to create housing. Low interest loans for the rehabilitation of substandard homes owned and occupied by lower income households. City and non-profit sponsor housing rehabilitation projects Home Buyer Assistance Home Buyer Assistance New Construction Rehabilitation Acquisition Rehabilitation Repair Code Violations Accessibility Improvements Room Additions General Property Improvements CityofChula Vista 2004 - 05 Consolidated Annual Plan s-: ..1. / Page 6 TABLE 1 PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES (continued) 2. State Programs (continued) 3. Local Programs 4. Private Resources/Financing Programs Defense Adjustment Matching Grant Chula Vista Redevelopment Agency 2004-05 Funding- Approximately $2.6 million. Federal National Mortgage Association (FNMA) a. Community Home Buyers Program b. Community Home Mortgage Improvement Program c. Fannie Neighbors Provides a portion of matching funds required by communities seeking federal funding for defense-related economic adjustment strategies and programs. Matching funds to obtain federal planning and implementation grants for defense conversion and base closure response activities. 20 percent of Agency funds are Acquisition set aside for affordable housing Rehabilitation activities govemed by state law. New Construction Loan applicants apply to Home Buyer participating lenders for the Assistance following programs: Fixed rate mortgages issued by Home Buyer private mortgage insurers. Assistance Rehabilitation Mortgages which fund the Home Buyer purchase and rehabilitation of a Assistance home Low Down Payment Mortgages for Single Family Homes in under served low income and minority communities. City of Chu/a Vista 2004- 05 Consolidated Annual Plan Sd-Á Page 7 TABLE 1 PUBLIC AND PRIVATE RESOURCES AVAILABLE FOR HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES (continued) 4. Private California Community ResourceslFinancing Reinvestment Corporation Programs (continued) (CCRA) Federal Home Loan Bank Affordable Housing Program Non-profit mortgage banking consortium designed to provide long term debt financing for affordable multi-family rental housing. Non-profit and for- profit developers contact member banks. New Construction Rehabilitation Acquisition Direct subsidies to non-profit and for-profit developers and public agencies for affordable low income ownership and rental projects. New Construction CityofChula Vista 2004 - 05 Consolidated Annual Plan S...<.3 Page 8 Table 2 U.S. Department of Housing and Urban Development CPD Consolidated Plan Support of Applications by Other Entities Report Funding Source A. Formula/Entitlement Programs ESG Public Housing Comprehensive Grant B. Competitive Programs HOPE 1 HOPE 2 HOPE 3 ESG Supportive Housing HOPWA Safe Havens Rural Homeless Housing Section 202 Elderly Section 811 Handicapped Moderate Rehab SRO Rental Vouchers Rental Certificates Public Housing Development Public Housing MROP Public Housing ClAP LlHTC Support Application by Other Entities? y y y y y y y y y y y y y y y y y y y CityofChula Vista 2004 - 05 Consolidated Annual Plan :;-- .{ 1- Page 9 B. ACTIVITIES TO BE UNDERTAKEN Table 3: Funding Sources illustrates the City's CDBG and HOME allocations and program income available for the coming fiscal year. Table 3 U.S. Department of Housing and Urban Development CPD Consolidated Plan Funding Sources Entitlement Grant (includes reallocated funds) $3,627,428 Unprogrammed Prior Year's Income not previously reported $118,563 Surplus Funds (Reprogrammed CDBG Funds) $196,469 Return of Grant Funds $0 Total Estimated Program Income $0 Total Funding Sources: $3,942,460 C. MONITORING Careful evaluation of the housing and public service delivery system can be the most effective tool in detecting gaps and making appropriate modifications. Chula Vista monitors its sub-grantees, conducts in-house reviews of progress reports and expenditures and performs on-site visits to ensure compliance with federal regulations. Agreements made with sub-grantees encourage uniform reporting to achieve consistent information on beneficiaries. Technical assistance is provided when necessary. D. HOMELESSNESS The City of Chula Vista will continue to support the efforts of South Bay Community Services transitional and short- term housing projects which assist the homeless and in addition, will fund the following projects to help the homeless in fiscal year 2004-05: ~ Thursday's Meal ~ San Diego Regional Task Force on the Homeless ~ Lutheran Social Services - Project Hand ~ County of San Diego - Cold Weather Shelter Voucher Program Emerqencv Shelter Grant Proaram New this year to Chula Vista is a 2004-05 allocation of Emergency Shelter Grant (ESG) funds. Since there is insufficient staff knowledge to administer the program independently, staff will be contacting other ESG jurisdictions to determine the feasibility of forming an ESG consortium. E. ANTI-POVERTY STRATEGY As part of the City's Anti-Poverty Strategy, the City will endeavor to integrate social services and housing activities for households below the poverty line. These efforts include, but are not limited to the following: CilyofChula Vista 2004- 05 Consolidated Annual Plan Sø{S- Page 10 ;.. South Bav Community Services KIDS BIZ Proaram: This program teaches At-risk youths to use their entrepreneurial skills in a positive way. Teenagers are taught to develop their own business plans and to run their own business. ;.. Eamed Income Tax Credit Proaram: SBCS has hired a program coordinator to do outreach and education to community residents about the Earned Income Tax Credit. This coordinator assists in qualifying citizens in applying for the tax credit. The goal of this program is to have 200 families receive the tax credit. Eligible families are working parents with children earning under $25,000 per year. . ;.. Park Villaae Apartments: On-site day care and job training services are offered at this very low income apartment complex. ;.. Casa Nueva Vida I & II: Residents are required to secure an income and save money for their first month's rent plus security deposit. They are referred to outside job training agencies for help in securing a job. Independent living skills are taught in areas of health, nutrition, immunizations, parenting, and other pertinent issues. Individual and family counseling is also offered. F. COORDINATION The City will coordinate and implement its strategies through the following activities: Activity: Activity: Target available CDBG funding to those areas and population exhibiting the greatest need. Encourage social service providers to work with developers and CHDOs to provide service- enriched housing. Services include health care referrals, financial counseling, and case management. Activity: Assist county, state, federal, educational, and private organizations involved in economic development and job training in targeting their efforts toward those areas of Chula Vista exhibiting the greatest need. OBSTACLES TO UNDESERVED NEEDS G. The City is continuing in its effort to remove obstacles to undeserved needs throughout the community. The City has made a commitment to budget CDBG funds at the maximum allowable to offer citizens much needed programs and services in the area of literacy, job training, youth activities, senior services, violence prevention, and hea~h care assistance for low- income families. H. GEOGRAPHIC AREAS FOR EXPENDITURE OF CDBG FUNDS The City plans to use CDBG funds in areas of the City where improvement is most needed. Many of the projects assisted with CDBG are located in the western portion of the City which is also the oldest areas where infrastructure improvements and revitalization is needed. The City continues to implement ADA improvements throughout the community as required by federal mandate. Capital Improvement Program (CIP) funds are targeted to the CDBG eligible census tracts and include provision for curbs, gutters, sidewalks, drainage improvements, street improvements, lighting, and ADA curb cuts. PROGRAM SPECIFIC REQUIREMENTS (i) The CDBG activities to be undertaken during the reporting period are discussed under section K - Objectives The CDBG funds expected to be available during the program year includes the following: (ii) (A) Chula Vista will recaive $3,627,428 in HUD entitlement funds. Additionally, $196,469 will be allocated to the CDBG program from the available fund balance in the City's Line of Credit and expected program income equates to $118,563 fora total CDBG Spending Plan of $3,942,460. CityofChula Vista 2004- 05 Consolidated Annual Plan s~ ..Lh Page 11 (B) (C) (D) Surplus from Urban Renewal Settlements - Not Applicable Grant Funds Retumed to Line Of Credit - Not Applicable Income From Float-Funded Activities - Not Applicable (iii) (iv) Urgent Needs Activities - Chula Vista has not identified any urgent need activities. Chula Vista only budgets CDBG funds in eligible census tracts with a low and moderate income population inexcessof51%. J. FAIR HOUSING PROGRAM The City of Chula Vista contracts with the Fair Housing Council of San Diego. The City collaborated with the Fair Housing Resource Board and other jurisdictions on the regional Analysis of Impediments to Fair Housing for 2000- 2005. The regional AI stated that Between 1995 and 2020, growth rate is expected to be faster than all neighboring cities, with the second highest proportion of Hispanics and the third highest proportion of Asian/Others. Of the fourteen tracts located within the City, two tracts had high concentrations of minority households, of more than double the County average. The City places a high priority to target CDBG funds to census tracts that exceed 51 % low and moderate income households. Actions to Affirmativelv Further Fair HousinQ Past pre-application audits conducted in the City revealed incidences of discrimination on the basis of national origin; familial status; and race. The activities during the one-year period to affirmatively further fair housing will include fair housing public outreach programs; departmental staff training on fair housing issues; and contracting with the Fair Housing Council to test for predatory lending discrimination. The regional Assessment of Impediments is currently undergoing a consultant selection process for the preparation of the 2005-2010 AI. PROPOSED 2004-05 HOME BUDGET The Federal HOME Investment Partnership Program (HOME) allocated funds by formula directly to state and local govemments to promote affordable housing. Participating jurisdictions are able to provide this assistance to both for- profit and non-profit housing developers or directly to qualified home buyers or renters. The assistance may take the form of grants, loans, advances, equity investments, and interest subsidies. To date. the City has been allocated $8,656,000 in HOME funds since 1992 when the program was created. HOME funds may be used to provide affordable rental housing and home ownership opportunities through new construction, acquisition, rehabilitation, and tenant-based rental assistance. In addition, HOME funds can be used to fund operational costs for Community Housing Development Organizations (CHDO). A CHDO is a non-profit, community- based organization that has, or intends to retain, staff with the capacity to develop affordable housing for the community it serves. Currently, the City has two (2) designated CHDO's: The MAAC Project and South Bay Community Services. South Bay Community Services has also been certified as a Community Based Development Organization (CBDO). The City is required to provide a 25 percent match for HOME funds used for rental assistance, housing rehabilitation, and acquisition of standard housing. A 30 percent match is required for new construction. Some examples of allowable matching contributions would include Redevelopment Agency Low and Moderate Income Housing Funds, land value (donated or a loan), on and off-site improvements, waiver of local and state taxes or fees, voluntary labor in connection with site preparation. If a project exceeds the required match, the excess credit can be applied to future projects. The table below delineates the uses of HOME funds for fiscal year 2004-05. City of Chula Vista 2004 - 05 Consolidated Annual Plan S-~7 Page 12 Table 4 ESTIMATED 2004-05 USE OF HOME FUNDS CITY OF CHULA VISTA 1 Funding Requests Recommended Funding Staff Administration $104,800 Community Housing Development $157,200 Organization (CHDO) Affordable Housing Projects $733,600 SBCS - Office Rent $52,400 TOTAL $1,048,000 The following is a brief description of the above HOME activities being recommended for funding: Staff Administration Administrative costs for city staff to oversee the HOME program. These administrative costs represent 10% of the HOME budget. These costs include staff costs for coordination, accounting, environmental review, and HUD reporting requirements. CHDO 15% Set Aside Per HUD regulations a City is required to set-aside 15% of the annual allocation for Community Housing Development Organizations (CHDO) to assist the City in development and/or support in providing affordable housing projects for low and moderate income families. For FY 2004-05, the City of Chula Vista is setting aside $157,200 for CHDO housing projects. These funds will be awarded on a competitive basis. CHDO Operation The $52,400 proposed for CHDO operation costs is earmarked for South Bay Community Services. CHDO Monitoring A careful evaluation of the CHDO delivery system is an effective way to determine the organization is carrying out the goals and objectives in providing affordable housing. The City of Chula Vista will be monitoring South Bay Community Services in the same manner that it monitors CDBG sub-recipients. An annual financial examination of the organization will be performed along with requiring South Bay Community service to submit quarterly progress reports. At year end, staff will tour the South Bay Community Services facility and related projects that were assisted with HOME funds. Affordable Housing Projects Chula Vista is very proactive in the development of affordable housing. HOME funds have generally not been the financing source in the production of affordable housing. Low and Moderate Income Housing Funds (Redevelopment 20% set-aside funds) have been the primary source, however, since the fund balance in this account has been used to fund a large rental development, HOME funds will now be the primary tool in the affordable housing development process. 1 The City has the option to modify the amounts by category in the future without HUD approval if the need arises. CityofChula Vista 2004 - 05 Consolidated Annual Plan .:;-~~,p Page 13 Per 24 CFR 92.205 HOME funds may be used by participating jurisdictions to provide incentives to develop and support affordable rental housing and homeownership affordability. Chula Vista utilizes its HOME funds through the development of new rental housing and for first-time homebuyers. HOME funds are typically used to provide "gap financing' in the form of a "residual receipt' loan process. The City leverages it HOME funds by requiring the developer to apply for Low Income Tax Credits or through tax-exempt bond financing. The residual receipt loan is typically deferred and is based on a per unit cost of the total development. The afford ability period for a 'residual receipt' loan is 50 years. Chula Vista also uses its HOME funds for down payment and closing cost assistance to first-time homebuyers. The amount of financial assistance determines the period of affordability. Resale provisions as outlined in 24 CFR 92.254 (a)(2)(iii) are in place. In addition, HOME funds are also used to rehabilitate existing housing stock for health and safety repairs. The provisions outlined in 24 CFR 92.254(a)(2)(iii) are also in place. Geographic Location for HOME Funds The City of Chula Vista has committed HOME funds to various projects throughout the city. These projects are designed to target low and moderate-income households at or under 60% of median income. A major commitment is a newly created down payment and closing cost assistance to assist first-time homebuyers on a city-wide basis. Barriers to Affordable Housing The City actively encourages developers to set-aside 10% of newly developed units for affordable housing purposes. The City also strongly supports the County of San Diego's effort at supplying public housing such as Dorothy Street and L Street. As part of the Housing Element, the City works closely with developers in negotiating affordable housing agreements which require a 10% unit set-aside for low and moderate income housing. Five percent for households at or below 80% of median income and 5% for moderate income households. Projects that meet this criteria are Rolling Hills Ranch (116 senior and 30 family units) and Otay Ranch (242 units). Both of these projects are located on the Eastern portion of the city. Low and Moderate Income Housing Funds have been targeted for these projects, however HOME funds could also be used. Due to the increase price of for-sale housing, the City offers a down payment assistance program. Since the down payment and closing costs require a large cash outlay, the transition from rental to for-sale housing can be a hardship for most low and moderate-income households. The City will provide subsidy funds for the down payment in the form of a loan and will also provide a portion of the closing costs in the form of a grant. Maintaining Affordable Housing The City maintains a portion of it's affordable housing through the Community Housing Improvement Program (CHIP). The purpose of this program is to assist low income households rehabilitate their existing home. Both single-family and mobile homes are eligible to receive assistance. Currently, a combination of HOME and Low and Moderate Income Housing funds are used to fund this program. For fiscal year 2004-05 the City anticipates assisting 20 single-family households with over $480,000 in loans. For the mobile home grant program, the City anticipates assisting 33 households. Lead.Based Paint The City currently assists homeowners alleviate lead-based paint hazards through the Community Housing Improvement Program (CHIP). When lead-based paint is discovered through the rehabilitation of the property, funds are used to remove and dispose of the paint chips and to repaint the house. The City utilizes the Low and Moderate Income Housing Funds for this purpose. The City expects to use HOME funds to rehabilitate some homes. With the newly implemented lead-based paint legislation, Chula Vista will be designing a lead-based paint hazard program to provide information to Chula Vista residents and measures to limit the impact of lead-based paint. Additionally, the City's first-time homebuyer program has set aside funds to assist with lead-based paint issues. Currently, $24,000 is available for homebuyers purchasing homes that do not appear to contain lead-based paint. If a home has identified lead-based paint issues, the loan is Increased to $40,000 to assist in abating the lead-based paint. CityofChu/a Vista 2004- 05 Consolidated Annual Plan $~ d-7 Page 14 Housing Authority In 1995 the City received HUD certification to operate as a Housing Authority. The focus of the Chula Vista Housing Authority is on the development of affordable housing through land acquisition, bond indebtedness, and rehabilitation of the existing housing stock. The Section 8 rental assistance program will continue to be administered by the County of San Diego. Chula Vista fully supports the County of San Diego in their application for vouchers. City Administration The City can allocate 10% or $104,800 of its HOME funds for administration. These funds will be used for overall administration and coordination of the HOME program as well as staff time devoted to individually HOME-funded projects and programs. HOME funds used for administration do not require a match. K. 0 BJ ECTIVESI ACHIEVE M E NTS 1. PRIORITY HOUSING NEEDS This section describes Chula Vista's strategies for addressing housing needs which are identified as High or Medium priorities. Priorities for Allocating Investment Geographically Housing assistance can be generally described as available throughout the entire City. Homeownership activities, preservation of at-risk affordable housing, rehabilitation of owner-occupied housing, and mixed income rental housing acquisition and development can occur in any area of the City exhibiting need or project feasibility (subject to program guidelines). Site selection guidelines of the City ensure that all units are built or acquired in areas of the City where there is adequate services such as schools, health care, transportation and or recreational services. PRIORITY 1.1 Continue the housing rehabilitation, rental rehabilitation, and mobilehome rehabilitation programs in order to preserve the City's aging housing stock Since the inception of the Redevelopment Agency's rehabilitation programs, these programs have served almost exclusively very-low income households whose dwelling units were in dire need of rehabilitation. In order to preserve the City's aging housing stock and provide decent places for people to live, the Agency will continue doing moderate rehabilitation. For fiscal year 2004-05 the City will allocate $300,000 in Low and Moderate Income Housing funds to provide assistance to 25 mobile homes and 10 single family homes. PRIORITY 1.2 Continue to implement the City's Affordable Housing Program so that more newly constructed rental and for-sale units are made available to low, moderate, and middle income households. Chula Vista is very fortunate because a large portion of the City is yet to be developed. In an effort to gain more housing units affordable to low and moderate-income groups in the undeveloped areas and to promote a balanced community, the Affordable Housing Program was developed. Census Data for 2000 continues to show that the City lacks affordable rental and for-sale units to persons and families in the low to moderate-income groups. The five year objective as outlined in the Consolidated Plan has targeted this as a High Priority for very low and low income family rental units with construction of 250 low and moderate income units (80% and below) and 345 middle and above middle income units (81% to 120%). Medium Priority is assigned to low and moderate income family for- sale units. Currently, the following Affordable Housing Agreements were negotiated and approved: City of Chula Vista 2004- 05 Consolidated Annual Plan Page 15 $=-.d 0 » Rolling Hills Ranch (Shea Homes}- this for-sale development will include 167 two and three bedroom units with 32 units available to households earning at or below 80% of the area median income. » San Miguel Ranch (Trimark Pacific) - this for-sale development will include 120 two to four bedroom units with 70 units targeted to low income households earning at or below 80% of the area median income and 45 units targeted to moderate income households earning at or below 140% of area median income. It is expected that financial assistance for these projects will be in the form of loans to the homebuyers through the City's First-Time Homebuyer programs. PRIORITY 1.3 Assist low, moderate and middle income residents to become homeowners. According to SANDAG and data compiled from the San Diego Union-Tribune Newspaper, approximately 30% of all households could afford to purchase a single family home in the San Diego region in 1993, and it is estimated that approximately 25% of Chula Vista residents can afford a median priced single family home in Chula Vista. This percentage does assume, however, that these individuals have the down payment for a loan and a well established credit history. The City assists moderate and middle income residents by offering the following programs: » Mortgage Credit Certificate Program (MCC) - The County of San Diego administers the MCC program on behalf of Chula Vista and allows eligible buyers to take 20% of their mortgage interest as a tax credit on their federal income taxes. To be eligible for the program in non-targeted census tracts, a household must be a first-time home buyer, buy a home in Chula Vista, and earn less than 115% of County Median Income. (A targeted census tract is one where 70% or more of the households earn 80% or less of the County Median Income). The current objective is to assist 7 moderate income families. The funding source for this program has continue to decline. » Reissued Mortgage Credit Certificate Program (RMCC) - The City of Chula Vista participates in the RMCC program administered by the County of San Diego. This program allows existing MCC holders to take advantage of lower interest rates to refinance their mortgage without losing the benefit of their MCC. » Citywide First Time Homebuyer Program - The City offers a citywide first time homebuyer program which targets households earning 80 percent of area median income. Assistance will be provided up to $24,0000 for down payment and closing cost assistance. A lead-based paint program will be a major component of the citywide first time homebuyer program with funds available up to $40,000. PRIORITY 1.4 Continue to support non-profit corporations to develop or rehabilitate rental housing for very low and low.income households. In the past, the City or the Redevelopment Agency has assisted for-profit developers to develop units for low-income households. However, these for-profit developers always insist upon these affordable units eventually converting to market rate rentals, and as a result, the City only realizes the benefit of their investment for a limited period of time. If a non-profit corporation develops the housing, the units will be affordable for the long-term, and the City or the Redevelopment Agency has invested in an affordable project which will benefit very low or low income residents of the City for the usable life of the rental units. 2000 Census Data supports the fact that there is a lack of affordable rental housing in the City for these income groups. CityofChula Vista 2004 - 05 Consolidated Annual Plan Page 16 ~':3/ PRIORITY 1.5 Continue to assist mobile home park residents who are faced with paying increasing rents as well as the closure of their mobile home parks. In the City, 35 mobile home parks provide housing to many very low and low-income families and seniors. Without this form of housing, many of the families and senior citizens would be facing a severe cost burden for housing, or they might not have adequate housing at all. As a result, the City has made a substantial commitment to regulate the City's parks so that the park residents can retain their affordable housing. Social and Human Service providers confirm the need for this program, as well as the public response to issues conceming mobile home rents at City Council meetings. The five year objective outlined in the Consolidated Plan has targeted this as a Medium Priority. The following program represents options for addressing Priority 1.5: ~ Mobile Home Rent Review Ordinance and Commission - The City's Rent Review Ordinance only allows park owners to raise their rent by the Consumer Price Index on an annual basis. Without this control, space rents would continue to increase. As a result, park residents may face a severe cost burden. Additionally, the number of mobile home spaces are shrinking due to park closures. Because of these two factors, the affordability of mobile home rents is endangered. Therefore, the City's Rent Review Ordinance was adopted. Since very few spaces are available and park closures are common if the land is zoned something other than mobile home park exclusive, the City regulates park closures by requiring park owners to provide relocation assistance to park residents who are low income. PRIORITY 1.6 Utilize the Chula Vista Housing Authority as the financial vehicle for affordable housing projects Continue to assist in the development of affordable housing projects through the use of tax-exempt and tax credit financing. The Housing Authority is currently analyzing potential project applications for future assistance. 2, PRIORITY HOMELESS NEEDS This section describes Chula Vista's strategies for addressing homeless needs which are identified as High or Medium priorities. PRIORITY 2.1 Continue to support programs offering transitional housing opportunities for homeless families and individuals. The City's annual goal is to provide approximately $200,000 for programs to assist homeless persons and families through the following programs: ~ Emergency Shelter Program - The State Department of Housing and Community Development administers a HUD-funded Emergency Shelter Grant Program (ESG). This program provides grants to local govemments and to non- profit corporations for the rehabilitation or conversion of buildings for use as emergency shelters for the homeless, for the payment of certain operating and social service expenses in connection with the emergency shelter program. ~ County of San Diego Voucher Program - the City of Chula Vista continues to financially support the voucher program. This program provides hoteVmotel vouchers to homeless families and individuals through the winter months. CityofChula Vista 2004- 05 Consolidated Annual Plan Page 17 ~3-L » Thursday's Mea/- This program provides meals to homeless families and individuals. Chula Vista financially supports this program. » South Bay Community Services - owns and operates two transitional housing sites. In addition, the City of Chula Vista continues to assist in addressing the needs of the homeless population by funding the following programs: » San Diego Regional Task Force on the Homeless - This program has received $8,000 in Community Development Block Grant funds since 1995 and provides Chula Vista with statistical data on the homeless population throughout San Diego County. » Lutheran Social Services (Project Hand) - This program has received $86,000 in Community Development Block Grant funds since 1995 and provides services that include, in part, shelters for the homeless, transitional housing, emergency food, clothing, and transportation. Approximately 1000 families and individuals have received assistance through this program. Obstacles to developing, acquiring and or rehabilitating facilities for transitional housing purposes include political resistance and lack of financial resources. 3. PRIORITY SPECIAL NEEDS POPULATION This section describes Chula Vista's strategies for addressing housing for special needs populations which are identified as High or Medium Priorities. PRIORITY 3.1 Provide supportive housing projects and programs for special needs populations. Special needs groups in Chula Vista include the elderly, disabled persons, female-headed households, persons with drug andlor alcohol addictions, and persons with AIDS and related diseases. Persons with special needs have housing needs which include affordable housing, accessible housing units, housing in proximity to pubiic services and transportation, and larger units. Because many persons in special needs groups have limited abilities and opportunities to work, they require housing which is affordable and which enables them to live as independently as possible. The City funds the following agencies with Community Development Block Grant monies: » Fair Housing Council of San Diego - This organization assists the City in addressing impediments to fair housing and engage in fair housing planning to remove such impediments. The Fair Housing Council has received approximately $269,000 in CDBG funding since 1995 and has assisted over 2,800 Chula Vista residents in the area of landlord-tenant disputes and fair housing discrimination issues. » Adult Protective Services - This agency provides adult day care and attempts to prevent institutionalization and improve the quality of life for disabled and disadvantaged seniors. Adult Protective Services has received approximately $62,000 in CDBG funding since 1995 and has assisted over 3,000 Chula Vista residents. » Meals on Wheels - This agency provides home delivered hot meals to seniors and has received approximately $70,000 in CDBG funds which served over 28,000 hot meals to Chula Vista residents. CityofChula Vista 2004 - 05 Consolidated Annual Plan Page 18 ~.3ð » Lutheran Social Services (Shared Housing) - This program provides services that match low income seniors with individuals looking for housing at a reduced cost. Shared Housing has received approximately $41,000 in CDBG funding since 1995 and has made over 290 successful matches. Obstacles to funding these programs at a higher level is due to a lack of financial resources, the increased demand for funding from these agencies, and the public service cap mandated by HUD. PRIORITY 3.2 Provide rental assistance (Section 8 Certificates and Vouchers) to lower income households with special needs overpaying for housing. Persons with special needs have housing needs which include affordable housing, accessible housing units, housing in proximity to public services and transportation, and larger units. Because many persons in special needs groups have limited abilities and opportunities to work, they require housing assistance which will enable them to live as independently as possible. There are 2,024 elderly renter lower income households in Chula Vista; 58 percent of the extremely low income elderly renters pay more than 50 percent of their income for housing, and 46 percent of the low income elderly renters pay more than 50 percent of their income for housing. Currently, the City contracts with the County of San Diego to administer the Section 8 Voucher program. Obstacles to providing the Section 8 Voucher program in the City of Chula Vista include the lack of staff required to start-up a completely new program and the lack of expertise in administering a program of this size. 4. PRIORITY NON-HOUSING COMMUNITY DEVELOPMENT NEEDS This section describes the City of Chula Vista's strategies for addressing non-housing community development needs which are identified as High or Medium priorities. A. Community Facilities PRIORITY 4.A.1 Continue to improve the quality of existing community facilities to serve the needs of lower and moderate- income households. Respondents to past Community Development Needs Assessments and Surveys ranked Youth Centers, Child Care Centers, and Parks and Recreation facilities as the highest community facility needs. With the opening of the Ctay Recreation Center in the southwest area of the City, a number of services are now offered to lower income households. Focus is now on upgrading current youth facilities. B. Infrastructure Improvements PRIORITY 4.B.1 Provide for needed infrastructure improvements in lower and moderate-income target areas. Respondents to past community development surveys and other community outreach methods ranked street improvements, street lighting, sidewalk construction, and drainage improvements as the highest infrastructure needs. The five-year objective as outlined in the Consolidated Plan has targeted this as a High Priority with the objective of funding infrastructure improvements consistent with the urgency of the established need for improvements. The following capital improvement projects are expected to be funded in fiscal year 2004- 05. » Drainage Improvements - The City has budgeted $905,000 for drainage projects for fiscal year 2004-05. Funds will be targeted in the CDBG-eligible census tracts of Hilltop to Tobias and Emerson Street. City of Chula Vista 2004- 05 Consolidated Annual Plan ;S-.3¥ Page 19 C. Community Services PRIORITY 4.C.1 D. Accessibility PRIORITY 4.D.1 » ADA Curb Cuts Annual Program - This project constructs curb cuts throughout the city. It is expected that 14 curb cuts will be provided this fiscal year. CDBG funds will be budgeted in the amount of $60,000 for fiscal year 2004-05. » Sidewalk Rehabilitation Program - In an attempt to reduce trip and fall hazards, the City has created a sidewalk rehabilitation annual program to target sidewalks most needing repair. For fiscal year 2004-05, CDBG funds will be budgeted in the amount of $125,000 » Castle Park Assessment District Formation - This area has been identified as a priority area for resident improvements, to include installation of curbs, gutters, and sidewalks. The resident will be responsible to pay for a portion of the driveway apron at a reduced cost. Funding for this activity will complement the Section 108 loan program current under review. Funds in the amount of $50,000 will be budgeted for this activity. Continue to fund public services at the federally mandated cap. Many non-profit social service providers struggle to perform their services for the residents of Chula Vista due to budget constraints. Since the City believes the supportive services these non-profits provide are important to residents with special needs, the City funds these non-profits to ensure that their services will continue to meet the needs of low and moderate income residents of Chula Vista. For fiscal year 2004-05 CDBG funds will be budgeted close to the 15% cap, or $326,850 Provide for the access needs of the physically disabled. ADA compliance has been given high priority by the City. The City believes that it is important to make sure all recreational and governmental activities are accessible to persons with disabilities. Currently, the City is undertaking the following programs: » ADA Curb Cuts Annual Program - The City has budgets $60,000 annually for curb cuts. To date, approximately 55 curb cuts have been provided throughout the City. PRIORITY 4.E.1 E. Economic Development Continue to provide an array of Business Assistance Programs to encourage job creation through business attraction, retention, and expansion. The City of Chula Vista has been negatively impacted by the economic recession which began in the early 1990s. Commercial and industrial vacancies were high and the City's industrial space absorption rate was low. The fact that the City's retail sales were relatively flat despite the rapid population growth indicated that income were falling or stagnating. Currently, however, there has been a tum around in the economy and Chula Vista is enjoying increasing sales tax and property tax revenues. The following programs represent the City's efforts to address this priority: » Economic Development Strategy (EDS) - The City is in the process of developing an Economic Development Strategy, a basic blue print for short- and long-range city development. The goal of the EDS is to ensure a balanced, fiscally strong community. An 18-month process, the EDS involves input from CityofChula Vista 2004- 05 Consolidated Annual Plan Page 20 5~:JS- the private sector, local and regional agencies and the public and will result in an 'Economic Development Element" to be included in the City of Chula Vista General Plan. Fiscal Year 2004-05 marks the first year for implementation of the EDS. ~ BUSINESS RESPONSE TEAM (BRT) - The Business Response Team (BRT) is an executive-level decision-making body that acts as both a City economic development think tank and an interdepartmental action team for commercial and industrial projects. The team focuses on four activities - developing citywide economic development policies, providing timely and competitive proposals in response to business citing opportunities, implementing interdepartmental business assistance systems and implementing a comprehensive customer service training program. ~ ENTERPRISE ZONE - In a collaborative effort, the Cities of Chula Vista and San Diego. the Port District and the Califomia Technology, Trade and Commerce Agency have added portions of the Chula Vista bayfront to the State-designated 'South Bay Enterprise Zone.' Commercial and industrial companies located within the Zone boundaries can take advantage of substantial State financial incentives, significantly helping several major employers, including BFGoodrich and Raytheon, and a number of planned development projects. ~ RMDZ - The Chula Vista/South San Diego RMDZ, which encompasses the entire City, is a joint effort of the City of Chula Vista, the City and County of San Diego and the Califomia Integrated Waste Management Board to assist companies that recycle and conserve. Chula Vista manufacturers using recyclables or diverting waste from landfills can benefit from low interest loans and technical assistance under the program. ~ HIGH TECHIBIOTECH ZONE -In order to attract targeted high technology, bio- technical and biomedical businesses, Chula Vista has established a High Tech/Biotech Zone within the Eastlake master-planned community. The Zone offers firms several benefits, including a series of incentives intended to meet the specialized needs of high tech and biotech firms. ~ CONNECTORY.COM - CONNECTORY.COM, an Intemet database linking businesses to each other and to the global marketplace, helps Chula Vista companies be more competitive in today's rapidly changing business environment. The free business-to-business service provides detailed information about company products, services, core capabilities and capacities to potential customers on-line. Other active Economic Development Projects include: ~ Commercial Development - Gatlin Development Company has recently started construction on two exciting new shopping centers, EastLake Terraces (Wal-MartiHome Depot) and EastLake Village East (Kohl's) both of which are expected to be completed in spring 2004. These projects have also been designed with outdoor plazas to further perpetuate the feeling of community. Although the ultimate tenant mix is not yet known, the shopping centers will undoubtedly add many new retailers and restaurants to the area. CityofChula Vista 2004 - 05 Consolidated Annual Plan Page 21 5-3{;, þ> University Strategy - Chula Vista City Council has established a policy to attract a first-rate college or university to a 1247 acre site that has been set-aside for this purpose within the Otay Ranch area of the City's General Plan. The site includes 557 developable acres within the westerly "main campus' portion, and 93.5 developable acres within the 'Otay Lakes campus'. In addition, 552 acres are designed for open space preserve and 46 acres are designed for recreational use. As part of the City's Economic Development Strategy (EDS), the City has identified "educational excellence' as one of its top 12 goals, including the development of a new, full-service campus, which contributes to the community's prestige, intellectual capital and supports other economic development goals. þ> EastLake Business Center" staff is working with Eric Shwisberg of International Real Estate and EastLake Development Company on the development of a new two building 231,040 square foot Design District at EastLake Business Center. This project is planned, as a first-class home improvement and home furnishings business park, which will fill critical need for the residents of Chula Vista and the South County in general. This project combined with the high tech multinationals will provide exceptional opportunities for enhancing the status of Chula Vista as a diverse business community. The Economic Development Division of the Community Development Department has worked diligently to structure partnerships with other agencies to provide an array of services such as: þ> CDC SMALL BUSINESS FINANCE - Chula Vista has established a formal partnership with the CDC Small Business Finance Corporation, a certified Small Business Administration (SBA) financial lender. This partnership provides Chula Vista companies with access to low-interest financial support, including a variety of loan and loan guarantee programs. þ> CONTRACTING OPPORTUNITIES CENTER (COC) - Through a memorandum of understanding (currently submitted for Board approval) with the Contracting Opportunities Center, Chula Vista is able to offer local businesses specialized assistance in developing government contracting opportunities. All services are free to qualified small businesses þ> PROPERTY BASED BUSINESS IMPROVEMENT DlSTRICT (PBID) - Developed by a growing coalition of property and business owners, the proposed Downtown Chula Vista property-based business improvement district is a benefit assessment district designed to improve properties located within Chula Vista's central business district. The PBID will fund new improvements and activities, including economic development, marketing, parking management and maintenance initiatives, in conjunction with those currently provided by the City. þ> SMALL BUSINESS DEVELOPMENT AND lNTERNA TIONAL TRADE CENTER (SBD&lTC) - The Small Business Development and International Trade Center (SBD&ITC) offers an array of small business resources to assist entrepreneurs in Chula Vista. The City is finalizing a memorandum of understanding with the SBD&ITC to formalize its partnership. þ> SOUTH COUNTY CAREER CENTER (SCCC) - The San Diego Workforce Partnership, Inc., in partnership with HI of California, operates the South County Career Center, a one-stop, comprehensive workforce development and business support services for local employers. Working as a team with the City of Chula Vista, the Center seeks to find solutions individually tailored to each employer's workforce development needs. CityofChula Vista 2004 - 05 Consolidated Annual Plan Page 22 .§;- :37 Redevelopment Agency - The City of Chula Vista has one of the most active and progressive redevelopment programs in Califomia, with close to 3,000 blighted or under-utilized acres designated under state law as 'Redevelopment Project Areas'. Chula Vista's five project areas are Bayfront, Otay Valley Road, Southwest, Town Centre I and Town Centre II. Some of the major projects to be concentrated on for fiscal year 2004-05 include the following: > Carter-Reese Project - This project is located at 760 Broadway and is a proposed mixed-use residential and retail center > Completion of Phase I and Beginning of Phase II of the Gateway Project in Town Center 1 > Port Master Planned Project - a joint project between the City of Chula Vista and the San Diego Unified Port District to master plan usage of Port Tidelands. > Bayfront Village - This project will offer a mixed-use and transit-oriented project to be located at F Street and Woodlawn. > Phase II of the Chula Vista Auto Mall - North and South > E Street Transit Village - a mixed-use project located at the E Street Trolley Station. L. SECTION 108 LOAN Western Chula Vista FinancinQ Plan Chula Vista is in the process of applying for a Section 108 loan in the amount of $11,915,000. The Section 108 loan funds will target specific projects, as highlighted below: > Street Improvement/Assessment District Formation - Funds will be used to encourage neighborhood residents to form assessment districts. The incentive would be in the form of a reduction in the amount of the assessment along with more of the infrastructure improvements being paid by the City. The assessment district is located in census tracts 131.02 (68.5% LM); 133.02 (34.1% LM); and 132.03 (69.8% LM). Funds in the amount of $4,715,000 will be targeted for assessment district formation. > Fire Station #5 Rehabilitation - Funds will be used to rehabilitate the existing fire station to include new restroom facilities, kitchen upgrades, carpeting, new roof and HVAC system. Fire Station #5 is located in census tract 132.03 (69.8% LM). Funds in the amount of $2,400,000 will be used for rehabilitation purposes. > Oxford Street Park Development - Develop the 5 acre parcel into a neighborhood park. Amenities will include new playground equipment, tot lot, skate area, multi-purpose sports field, basketball courts, picnic shelters, and pedestrian pathways connecting to the street and neighboring elementary school. Oxford Street Park is located in census tract 131.03 (76.8% LM). Funds in the amount of $1,500,000 will be used for development of the park. City of Chula Vista 2004 - 05 Consolidated Annual Plan Page 23 :;':3[/ » Eucalyptus Park Reconstruction - Renovation of the existing park to include new concession stand/storage areas, relocate and construct new restroom facilities, redesign and upgrade the parking facility, provide new backstops and dugouts, new lighting and site furnishings, irrigation and landscaping, grading and drainage redesign, new pathways and new handicapped accessible walkways. Eucalyptus Park is located in census tract 124.01 (67.6% LM). » In addition to the Section 1 08 loan funds, other funds will be used to supplement the Western Chula Vista Financing Plan including Residential Construction Tax (RCT) and Low and Moderate Income Housing funds. These funds equate to $10,370,000 for a total package of $22,285,000. Residential Construction Tax Women's Club Renovation Otay Park Renovation Emerson Street Drainage Drainage Improvements Corrugated Metal Pipe Eucalyptus Park Reconstruction Low-Mod Housing Funds Single Family Rehabilitation in Castle Park $450,000 $1,500,000 $1,300,000 $620,000 $3,000,000 $3,000,000 $500,000 CityofChula Vista 2004- 05 Consolidated Annual Plan a-'~9 Page 24 RESOLUTION NO.2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OFCHULA VISTA APPROVIING THE CONSOLIDATED ANNUAL PLAN FOR FY 2004-05 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG); HOME INVESTMENT PARTNERSHIP (HOME); AMERICAN DREAM DOWNPA YMENT INITIATIVE (ADD!); AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEP AR TMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND INS1RUCTING STAFF TO INCLUDE APPROPRIATIONS TO FUND THE CONSOLIDATED ANNUAL PLAN IN THE FY 2004-05 PROPOSED BUDOET WHEREAS, the CityofChula Vista has prepared a Consolidated Annual Plan ("Annual Plan") for fiscal year 2004-05 per HUD Rules and Regulations; and WHEREAS, the City will receive a 2004-05 CDBO entitlement of$2,379,000; a HOME entitlement of $1,048,000; an ADD! entitlement of$1 13,259; and an ESO entitlement of$87,169; and WHEREAS, the City has followed its Citizen Participation Plan and held a public hearing on housing and community needs on April 6, 2004 at which time public testimony was received and considered by the City Council with respect to the Annual Plan; and WHEREAS, staffis requesting authorization to include a CDBO appropriation ftom available funds in the City's Line ofCreditftom HUD in the amountof$198,7l9 to fund the FY 2004-05 Annual Plan proposed budget for a total CDBO spending plan of$2,577,719. WHEREAS, the City has determined that all ofthe proposed activities meet the CDBO national objectives to benefit primarily low-income households or aid in the elimination of slums and blight; and WHEREAS, the City has determined that it is necessary and appropriate to fund special activities by certain sub-recipients to implement neighborhood revitalization and community economic development projects in order to meet the goals and objectives of the Annual Plan; and NOW, THEREFORE, BE IT RESOLVED based on the findings above, the City Council of the City of Chula Vista does hereby approve the Consolidated Annual Plan for FY 2004-05 which includes a Spending Plan for FY 2004-05 CDBO; HOME; ADD!; and ESO programs, a copy of which is attached hereto and incorporated herein as Attachment A. BE IT FURTHER RESOLVED, that the Community Development Director is authorized to transmit the Consolidated Annual Plan for FY 2004-05 to the U.S. Department of Housing and Urban Development (HUD); and that staff is instructed to include appropriations to fund the Annual Plan in the FY 2004-05 proposed budget. Presented by Approved as to form by Laurie Madigan Director of Community Development ~ í~\'l~CÙ\:1 Ann Moore "- City Attorney BCOMMDEVIRESOS\CDBG 2004-"" Sponding PIon Re.olnti.n.do< 5~/¡'(} Organization FY 2004-05 FY 2004-05 Allocation Fund/Ora Key CDBG Proaram South Bay Family YMCA - Human Services Council $23,940 33320-7998 Reaional Task Farce on the Homeless $1,000 33320-7998 Coordinating Council - Child & Youth Policy Adyocate $46,200 33320-7998 Fair Housino Council of San Dieoo $39,000 33320-7998 City Staff Administration $300,000 33320-7003 CDBG Operating $40,000 33320-7998 Boys & Girls Club of Chula Vista - Lauderbach $39,000 33320-7998 Boys & Girls Club of Chula Vista - Oleander $65,000 33320-7998 Chula Vista American Little Leaaue $60,000 33320-7998 Chula Vista National Little Leaaue $75,925 33320-7998 Chula Vista Fast Pitch Girls Softball $38,000 33320-7998 Sidewalk Rehabilitation Annual Program $125,000 33310-7999 ADA Curb Cuts Annual Program $60,000 33310-7999 Judson Basin Drainaae - Hilltoo to Tobias $525,000 33310-7999 North Broadway Basin $380,000 33310-7999 Castle Park Assessment District Formation $50,000 33310-7999 Lutheran Social Services - Carina Neiahbor $29,000 33320-7998 Buildino & Housina CommunitY Preservation $162,497 33320-7003 SBCS CommunitY Deyeloement Program $30,000 33320-7998 South County EDC $17,000 33320-7998 Economic Deyeloement Fee Reduction Program $100,000 33320-7998 SWC - Contracting Oeeortunities Center $10,751 33320-7998 South Bay CommunitY Services - Teen Center $23,556 33320-7998 Southwestern Colleç¡e- International Trade Center $10,000 33320-7998 Youth Services Network $113,039 33320-7998 Share HealthCare Foundation $17,000 33320-7998 YMCA Kinshie Program $20,000 33320-7998 South Bay Senior Collaborative $58,275 33320-7998 Georç¡e G. Glenner $5,000 33320-7998 Lutheran Social Services $6,500 33320-7998 Chula Vista Family Violence $44,100 33320-7998 Thursday's Meal $5000 33320-7998 Therapeutic Services Collaborative $32,086 33320-7998 Chula Vista Literacy Team $8,000 33320-7998 Dress for Success $8,000 33320-7998 Chula Vista Veterans Home $3,000 33320-7998 Discretionarv Funds $6,850 TOTAL CDBG $2,577,719 HOME Program Budaet Staff Administration $104,800 32120-7998 CHDO Set-Aside $157,200 32110-7998 South Bay CommunitY Services Office Rent $52,400 32110-7998 Affordable Housina Deyeloement $733,600 32140-7998 TOTAL HOME $1,048,000 American Dream Downeayment Program First Time Homebuyer Program $113,259 Need to Create in IFAS TOTAL ADDI $113,259 Emeraency Shelter Grant Program Miscellaneous Programs to be Determined $87,169 Need to Create in IFAS Total CDBG; HOME; ADDI' ESG Program Budaets $3,826,147 TOTAL Entitlement $3,627.4281 CDBG; HOME; ADDI; and ESG Program Spending Plan Fiscal Year 2004-05 1 Balance of $198,719 to be appropriated from the available balance In the CDBG Line of Credit account. 5-9"/ COUNCIL AGENDA STATEMENT Item~ Meeting Date: 5/11/04 ITEM TITLE: Public Hearing regarding the approval of the Telegraph Canyon Road Widening Project from 800 feet West of Crest Drive to 1-805 and the acquisition of certain right-of-way over portions of Assessor's Parcel Number 639-080-22 for improvements on Telegraph Canyon Road, Resolution approving the Telegraph Canyon Road Widening Project from 800 feet West of Crest Drive to 1-805. SUBMITTED BY: Resolution determining and declaring the public interest and necessity for acquiring and authorizing condemnation and immediate possession of a portion of APN 639-080-22 for improvements on Telegraph Canyon Road; and authorizing condemnation to proceed. Director of General Services / City Engineer ~ City Manager "Ç) REVIEWED BY: It is recommended that this item be continued to a future date, EEngineerlagENDAITele 42704 ARCO final-con,'d2.doc ç; -/ ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT Item No.: 1 Meeting Date: 5/11/04 Consideration of approval of an amendment to Section 19.48.020 of the Chula Vista Municipal Code, eliminating the requirement for unified control of property within the P-C Zone. Director of Planning and BUi1din~ City Manager ~~9t (4/5ths Vote: Yesl No-.-J Staff recommends that this item be continued to the May 18, 2004 City Council meeting. 7-/ ITEM TITLE: SUBMITTED BY: REVIEWED BY: CITY COUNCIL AGENDA STATEMENT Item No.: A Meeting Date: 57Ì1'ÍO4 Consideration of approval of an amendment to the Otay Ranch General Development Plan to allow for the submittal of Sectional Planning Area Plans on properties comprising less than the whole of a village. Director of Planning and Buildin~ City Manager ~I (4/5ths Vote: Yesl No~ Staffrecommends that this item be continued to the May 18, 2004 City Council meeting. ð'-/ 5/,1/04 ' <VI'CL/ ¿Oß1'hU/L.L·Cd._.J...¿N Youth Advisory Commission Commissioners Report May 11, 2004 Topics of Concern 1. Drugs and Alcohol o What We've Done 1. Commissioner reports from 4 schools 2. Collected over 1000 student surveys 3. Shared findings with Chula Vista Police Department and Sweetwater School District o Recommendation Synchronized effort to promote "Community Policing" through WE-TIP 2. Traffic o The Issue I. Accidents during peak hours 2. Affects students and surrounding neighborhoods o Recommendation Youth Commissioners will explore establishing high school student patrol Youth Commissioners will promote carpooling in student newspaper and other periodicals .;16- May 11,2004 Mr. Mayor and City Council, I am Lynda Carrington and I'm back to ask the city to support the special needs kids of Chula Vista. I refer you all, to my letter dated April 30, 2004. I hope you all received it. I requested that the grant monies declined by Children's Hospital not be redistributed, but be held in trust by the city to support existing special needs programs or to create them. Unfortunately Ms. Hines informed me that the money was redistributed as soon as Children's Hospital declined it. We were very disappointed to learn that, for we had hoped that the money could be put to good use by purchasing equipment for Greg Rogers Elementary School's Special Ed. Program. This equipment would benefit special needs kids for years to come. We are asking the city to look into ways to help us get this equipment, so that our kids have a better chance of reaching their goals. I have attached an equipment list that special needs children will benefit from and would be deeply appreciated by their families and school. Lastly, I am again, inviting all of you to take a tour of Greg Rogers, we welcome your input and suggestions. _ '" Yi~C el~/. 'L :./jJ . '!! lß,!~'u/} lJ· ~'\.. Lýn a Carnngton April 30, 2004 Dear City Manager, Let me begin by saying, tbe parents of special needs children truly appreciate your support witb tbe community development grant for tbe reopening oftbe Children's Hospital Auxiliary office in Chula Vista. Kristen Gist, tbe director of developmental services at Children's hospital, who I appeared witb at tbe April6tb City council meeting, contacted me. She explained to me she had been in contact witb Ms. Atwood and it was unfortunate that tbe grant amount of 45,000 to 56,000 would not be enough to reopen that facility. Children's Hospital could not accept that money because iftbey did, tbe city of Chula Vista and Parents would fully expect tbem to reopen and start providing services. We are asking tbat tbe council not redistribute that grant to tbe 27 organizations that applied, but to keep it in trust for tbe special needs children who live in Chula Vista. That grant money could still be put to very good use. It should be used to improve and support already existing public school programs and to develop new community programs tbat could improve tbe quality of life and education for Special Needs children. Your community liaison Susan Tellez had tbe opportunity last week to take a tour of Greg Rogers Elementary School, a proven example for an already existing public program tbat provides educational and developmental services to tbe youngest and most severely disabled children in Chula Vista. Mrs. Tellez saw first hand tbe enormous job that Greg Rogers does everyday to meet tbe needs of our children. Witbout Greg Rogers Elementary School, most oftbese children would have to be institutionalized. I am asking on tbe behalf of Special Needs Children and tbeir parents that tbe City Council take a Apr 27 04 03:49p work 619 421 8759 p.1 Raed Bisharat RE.CE.\'J£.D 11 ~3 '5' Vista,~a~ornia 91910 C\J'( Oí:~~~~J~~& ern Qlc..- . 501 Telegraph Canyon Road, Chula Phone: (619) 421-3000 April 27, 2004 Mayor Stephen Padilla and Members of the City Council City ofChula Vista 276 4th Avenue Chula Vista, CA 91910 Re: Item 10 - Consideration of Approval of Acquisition of Certain Rights-of-Way Over a Portion of Assessor's Parcel Numbers 639-080-22 for Construction of Telegraph Canyon Road Street Widening Project (CY-102) Dear Mayor Padilla and Members of the City Council: I have been advised that Staff has recommended that Item lOon the Agenda for April 27, 2004 be continued to May 11, 2004, I am vitally interested in the widening of Telegraph Canyon Road near its intersection of Hale crest Drive, but I cannot attend your meeting of May 11,2004 because ofa preexisting appointment with the Federal Department of Homeland Security. Please continue this Item to later date. I would also ask that the plan for widening of the roadway be placed on that Agenda along with the supporting environmental review document and traffic studies, so that the necessity for the proposed acquisition can be fully addressed. All of us wish to conclude this matter; however, this brief delay is essential to allow me to address the Council. Thank you for your anticipated favorable resp~nse to this request. /' 07 Smcerely ,.' 7/.7 ¿// '. /', / :5 ~"'./"'/ / ../ ',.-,'.y -'-1/ ,,;.,.~<,~-_. , , Raed Bisharat cc: David D. Rowlands, Jr., City Manager Richard Rayals, Real Property Manager Ann Moore, City Attorney c:\Bisharat\I\1ayoc hr 04-27-04 Ràed Bisharat April 22, 2004 "ECElVE-Ð Californla 91910 '04 ~ 23 P3:22 tit'!' OFCHULA VI~] ,\ è\TY CLERK'S OF::v. · 501 Telegraph Canyon Road, Chula Vista, Phone: (619) 421-3000 Mayor Stephen Padilla and Members of the City Council City of Chula Vista 276 4th Avenue Chula Vista, CA 91910 Re: Consideration of Acquisition of Certain Rights-of-Way Over Portions of Assessor's Parcel Numbers 639-080-21 and 639-080-22 for Construction of Telegraph Canyon Road Street Widening Project (CY-I02) Dear Mayor Padilla and Members of the City Council: City staffhas advised me that the Council will consider "the Telegraph Canyon Road Street Widening Project Right of Way Acquisitions" at its meeting of April 27, 2004. Staff members have also told me that the decision on whether to widen Telegraph Canyon Road and, if so, in what manner, will be before the Council on that date. I will be appearing before you to urge that Council find that: L The environmental document is inadequate because it does not address the impacts of the currently proposed project, and; 2. Even if the report were adequate, the proposed project is unsafe not only for my business but also for the travelling public. If I have misunderstood the breadth of the agenda item before you, I would ask that the matter be tabled until the entire project can be agendized for your review, I am attaching a copy of a report from my traffic engineer that concludes that the design of the project is unsafe as currently proposed. This has been a long, expensive and frustrating process for me, I first spent hours upon hours with my architect to find a way for my business to survive if the City took a portion of my property, When I found a solution, I employed a lawyer to present a proposed agreement to the City. Then Staff, apparently in order to save money for developers, proposed a narrower road that is unsafe and contrary to all the standards you would require of a private developer. C~: µ~ Dr 't attnc; I tYn, fH-+ IJ-r-neý ~ih¡ µ~{ C,'+v Er1:)m((r Mayor Padilla and Members of the City Council April 22, 2004 Page 2 Staff did not obtain a traffic study on its new plan. I was compelled to hire an expert to confirm that it was obviously unsafe, Not a day has passed during the past year and a half when I have not been forced to deal with these issues at the expense of my business and my family. I will ask that the Council direct its staff to fully analyze all alternatives and to present them to Council for a decision at a future public hearing so we can all avoid additional wasted efforts. Sincerely, /-"7./ '-,/" ?./ ~ /--/ r:!¡:JE..- y ,t- (/' Raed Bisharat Enc. cc: David D. Rowlands, If., City Manager Richard Rayals, Real Property Manager Ann Moore, City Attorney c:\Bisharat\Mayor Itr 04-22-04 'Darnell & ASSOCIATES. INe. TRANSPORTATION PLANNING & TRAFFIC ENGINEERING April Zl, 2004 Mr. Rod Bisharat Telegraph Canyon Union Oil SOl Telegraph Canyon Road Chula Vista, CA 91910 D&A Ref. No: 040302 Subject: Review of City of Chula Vista Telegraph Canyon Road Improvements. Dear Mr. B isharat: In accordance with your authorization, I have reviewed the City of Chula Vista Mitigated Negative declaration, approved improvement plans, and the alternative plan for reducing the width of the improvements adjacent to your property. It is my understanding that you have previously dedicated seven (7) tèet of right of way along Telegraph Canyon Road in conjunction with a remodeling permit for the project. This dedication was required by the City ofChula Vista to conform to the City's Circulation Element and roadway standards for a 6-lane major road to provide three (3) lanes in each direction plus a 16 foot wide median. The proposed project utilizes the seven foot (7') dedication plus additional right-of-way to create four (-I) westbound travel lanes where three (3) lanes has been contemplated at the time of dedication. PROPOSED PROJECT The proposed project is a capacity enhancement project that was identified to increase the roadway capacity and decrease traffic congestion, in accordance with the City's Growth Management Ordinance threshold ,standards for traffic congestion, on Telegraph Canyon Road from I-80S to a point approximately 1200 feet east of the I-80S northbound ramps. The improvements proposed by the City on Drawing No -0300 1-0 1 thru 03001-08 encroaches into your property by utilizing the previously dedicated seven (7) feet of right of way and acquisition of additional right of way to reconstruct the City's standard driveways for your property. The proposed improvements provide three (3) twelve foot (IZ') travel lanes and a fourteen foot (14') curb lane, Between driveways a five foot (S') sidewalk is provided at the property line, The mitigated negative declaration for the project identified a potential two foot (2') to three foot (3') landscape area to be placed between the sidewalk and the pump island (See Figure 6C and 6D). This landscape area is not shown on the approved construction drawings. Review of Figures 6C and 6D shows a dimension of IS feet between the pump island and back of sidewalk. The placement of a three foot (3') wide landscape area adjacent to the sidewalk will leave 12 feet for the pump island. This width is considered the minimum to be considered to allow motorists to enter the pump island and pump gas. It should be noted that the proposed improvements do not conform to the City's standards to provide a IZ foot parkway. The proposed improvements result in the City modifying its standards and moving the property line to the back of the sidewalk, This results in the existing pump islands and gas dispensers being located significantly closer to the roadway. Mr. Rod Bisharat Telegraph Canyon Union Oil April 21, 2004 Page 2 My review of the proposed improvements and comparison to the existing conditions and conditions that would occur with construction of the proposed improvements has identified potential safety problems as a result of moving the roadway closer to the existing gas pumps, Presently Telegraph Canyon Road provides three (3) travel lanes, a sidewalk and a landscape island between the sidewalk and the gas island. In the past couple of years there have been at least two (2) accidents losing control and hitting signs, landscape islands and trees located between your driveways. ALTERNATIVE DESIGN To reduce right of way acquisition from the Union Oil Station property, the City ofChula Vista has prepared a draft alternative plan to keep the roadway improvements within the dedicated rights of way. This alternative design moves the road south approximately 2 feet at Halecrest and reduces the width of the road eliminates the existing landscape island between sidewalk and the gas island by two (2) feet. This results in the following lane widths: At Hale Crest At Eastern Prooertv Line No.1 Lane (Median) = 12 feet 12 feet No.2 Lane = 11 feet 11 feet No.3 Lane = 12 feet 11 feet No, 4 Land (Curb) = 13 feet 12 feet Total = 48 feet 46 feet The road continues to taper past the station's eastern property line and results in the roadway being reduced from 50 feet to 46 feet. This is significant because it creates the same jog in the roadway that currently exists at the eastern property line, the travel lanes are reduced to provide a 12 foot No.1 lane, II foot No.2 and 3 lane and a 12 foot No.4 lane. This alternative also keeps the sidewalk at five feet. This design eliminates the encroachment into the Union Station, However, this revised design does not eliminate your safety concerns about motorists merging to the left to miss the curb encroachment, and then turning into the station and having to immediately turn left to reach the outside pump island, This maneuver is considered undesirable and could result in accidents. Further, it can be concluded that the alternative design creates safety concerns related to the thru traffic weaving to utilize the proposed right turn lanes, as well as to enter your stations. At your eastern property lines the narrowing of the curb lane to 12 foot creates an accident potential that can cause a motorist to loose control and hit the gas island. This condition exists now, and you have stated that there have been a couple of accidents where signs have been hit within the existing landscaped island. With the addition of the fourth lane adjacent to the curb and the elimination of the landscape island between the sidewalk and gas pumps, the potential of accidents associated with the aforementioned condition can be expected to increase. This is especially critical at the eastern project boundary because the curb lane reduces to twelve feet (12') including the gutter. This results in the actual curb lane being ten feet (10') with a two foot (2') gutter. CONCLUSIONS Mr. Rod Bisharat Telegraph Canyon Union Oil April 21, 2004 Page 3 . The proposed widening project for Telegraph Canyon Road provides the safest design for the project. As depicted in the Mitigated Negative Declaration, on Figure 6C and 60, a raised landscaped island is needed to separate the sidewalk from the gas pump island. The landscape island should be a minimum of three (3') feet wide and provide a minimum gas island drive of 12 feet. This is significant since trucks use this island for diesel. . In addition, the planning department requirements of the City need to be checked to make sure the improvements to be constructed by the City will not create a non-conforming condition that will have to be corrected in conjunction with any future remodeling applications. Preliminary check of the City code indicates that a landscaped island will be required between the property line and the gas islands, . The alternative design suggested by the City utilizes substandard lanes and deviations to the City's Standard, In addition, this design creates safety issues related to access to the project at its easterly drive. Our major concern is that the distance from the street to the gas pumps, the curb projection into Telegraph Canyon Road and the twelve (12) foot curb lane at the easterly property line create a turning movement restriction for motorists entering the station. Each of these conditions are expected to create unsafe conditions for traffic on Telegraph Canyon Road and for motorist entering the gas station. Further, this design places the sidewalk next to the gas island and eliminates the safety benefits of the existing landscape buffer which is proposed to be removed. . The City's suggested alternative design creates safety issues for motorists entering the station desiring to use the outside gas island, The creation of the jog in the curb line, in my opinion is unsafe, . The City's proposed project is the recommended design for Telegraph Canyon Road. This design, however, neglected to properly assess the project's impacts on access to the station and .the ability of vehicles (especially trucks) to slow, turn into the station, and immediately enter the outside gas island, . To provide a safe access from Telegraph Canyon Road it is recommended that the City's original proposed design be considered with the following: · Provide a ten foot (10') parkway along Telegraph Canyon Road, · Place a three (3) to four (-I) foot landscaped island between the property line and the gas island. · Provide a 12-14 foot wide gas island. This is needed to allow motorists to enter, stop, exit their vehicle, and walk around the vehicle without encroaching on the public right-of-way for Telegraph Canyon Road. . The City's alternative design does not conform to the City's Standards and is considered to create an unsafe condition for thru traffic as well as traffic entering the gas station. Mr. Rod Bisharat Telegraph Canyon Union Oil April 21, 2004 Page 4 DARNELL & ASSOCIATES, INe. Please call me if you have any questions. Sincerely, ~ Bill E. Darnell, P.E. R.C.E. 22338 BED/laglvshljm 040302-TelegraphCanyonL TR·2.wpd 104--04 Attachment A ~City ofChula Vista 6-Lane Major Standard Drawings c,:, ût Chula Vista .'.. ,--- ---- Search 0 IiImID ;1 ~~~''"..~. .... ~"._. " .' -;_..~~s. ~at's New Engineering E~.9i!108!i~9 · I.at!d.Q<ou!QJII!1.~ . o.;g,o)i.landa!'ds . City Services c FAQ's Calenda;- c'ontaë£~ ~\\!II~- ~ør-, Chula Vista Design Standards - Street Design Stan.ø.o:ø..S.Y!llb!>ls G(!I.ølQ~ig¡] S~ì!W I.,..ftIç_S.i!ma!!'-L~Jg!l' St.ø!!!'LD!JIln.D""jgn ~-Qpog¡¡ C;VO-ST01 GVD-STQ2 eYO-ST03 CVD-ST04 eye-STo5 eVD-ST06 eVD-ST07 eVD-ST11 eVD-ST12 eVD-ST 1 3 C:VD-ST14 eVD-ST15 eVD-ST16 evo-ST21 eVD-ST22 eVD-ST23 e',iD-ST31 C:VD-ST32 eVD-ST33 eVD·ST34 eVD-ST35 C:VD-ST36 evo-ST37 ~M~ ~ an 0* QUA VISTA 6-Lane Expressway, Prime & Major Street Sections 6 and 4-Lane Major & Collector Street Sections 2-Lane Collector & Residential Street Sections 2-Lane Residential & Industrial Street Sections Knuckles - Types I & II Cul-de-sac Location of Underground Utilities in Streets Turn Lane Requirements 6-Lane Prime Intersection Standards 6-Lane Major Intersection Standards 6-Lane Major Intersection Standards 4-Lane Major Intersection Standards 4-Lane Major & Collector Intersection Standards Major & Collector Street Sections (Non- Contiguous Sidewalk) Collector & Residential Street Sections (Non- Contiguous Sidewalk) Residential & Industrial Street Sections (Non- Contiguous Sidewalk) Otay Ranch - Expressway, Prime and Major Street Sections Otay Ranch - Village Entry Street Sections Otay Ranch - Secondary village Entry Street Sections Otay Ranch - Promenade Street Sections Otay Ranch - Parkway Residential and Industrial Street Sections Otay Ranch - Village Intersection Standards Otay Ranch - Turn Lane Requirements .. Back To Top _.y-- .-.--.--. -",'" .-'....-. . Contact Us I C;ty .~genda I Employment Opport1Jnrt1es ¡-20' ~ lANOSCAPED BUFFERI ~ ,,4' AREA OOEWENT OR n OPEN SPACE t 12' 'r 44' "-'-, ;j! "5:1 .....-;b¡ -!~ ;¡% 2:1 MAX,? r T8' ~ 12' 112' E!>OERG~ PARKING/BIKE ~ 20' t U\NOSCA?~C aUf'F'E:l ~EA E.4SEWENT OR OPEN SPACE "5:1 'ofAX. 2:1...... ~ L,3'1 EMERCEN~¡:, f-/ PARKING/eIKE U\N...lJ 20' t LANDSCAPE;) a~ !] 12' .~EA >::ASE~"ENT! , I . 8' ~ "'5:1 -.4--=- ,,",x'--::Jii 2:; I ~3'i 2: 1 .... EUERGENCY P"RKING . OR 31KE l."~ 126' I '2' , I ,8''; a' , I~IZ%I I I I ! ~~ NO SOt.l.;;; EXPRESSWAY NO SCÞti; 123' 64" 1 4...· .3,'.:. 8' 12' ~ 20'1 64' I ~OSCAI'ED BUmR' ....EA EASElAENT OR 44' ---=l7~2' r- ~N ,PÞoCE : 12~:;! '2' 18'~~ ~:~,:I:X' E....EROENCY ~KING/BIKE lANE 21.: 12'! 12" 12' i I ~! 1~! i ! 12'! , If. 20' ~SCAl'EC 8IJF7E.~ ï1-""fA EASEloOENr CR \ ¡OPEN ,PÞoCE ).> -1- "5:' MAX. 128' 8" a' i , I ; 2~ 2xi I 12' ! 54' 44' 12' 1!. 12' I , L.t.-s, I , I 2X 12' ! 8' W-r¡¡ERGENCY ~K¡NC"3~KE iJ\N£ 2:i VAX. 6-LANE PRIME If. 20' 54' 44' 12' 1 ~SCAP€O euFFE~ 12' \~EA ;:.<SE>IDIT G:.4· ~ II! - ·5:1 MAX. 1!. 2't 12' !~ 2:1 MAX. \ .f'WE~GENCY P,a.RKINC '----iOR ~Et.-ANc: 64' 44' .1ž 12' ¡ 12' 1 6-LANE MAJOR . L.ANOSCAPED SLOPES G~EAT!R 7~AN 5: 1 ....AY 3E ACCEPTABLE AS DETERMINEJ BY THE DII1ECTCR OF' PlANNING. NaTES: 1. ~£F'E~ TO CIiY OF CHUIJ\ '/lS!~ ·$T~EIT DESICN STAl\IDAROS ~OUCY· A.QCPTED BY COUNCIL RESOLUTION 1#15.34.9 'N OCTOBER 17. 1989. 2. srANCARDS ':<U/I."f VA.Ff'( !N DE'IE!..OPSD AREAS WEST OF 1-605. REFER TO MSTREr::ï DESiCN ST.ANOA~OS POLIcY". evised: 10-15-,)2 CW HHC CITY OF CHULA VISTA 7-26-95 PUBLIC WORKS DEPARTMENT 6-L\NE EXPRESSWAY, PRIME. CVD- AND MAJOR STREET SECTIONS 5101 2~' LEFT TURN LANE ---!-- 120' T' ZZO' TAPER - 1"I'P1CAl BOTHL II REV. CURVE SIDES OF THE CENTERUNE ZOO' RICHT TURN LANE---+- 60'~ ~ It _ _ REV. CU"'f! FÞCE OF CURB PARKING 12' Itr--+-- -- t '- 1Z' I I lIZ' .. ... ... ... - 'Z' sO' I.Z· _ 1_ _ _ _ _ IZ: I: + "4{)' +-12' -t- - -- S' . . " " " - _I - - - - - - -,Z' - - - -'2 . ~. .' - ;..+ 12' - - -12' ~..l.a , t~· t i- 1Z' 12~ 6' 68' Z~ ¡- '2' ~. . (It¡-:-_ ,------ t' NO PAAKING 150' NOTES: . IF THIS IS A DESIGNATED BIKE LANE ON THE GENERAl. PlAN. AN AOGmONAL 10' RIGHT -OF-NAY WILL BE REQUIRED. o ~EDIAN NOSE AT PCR õfAT10N. - - - - - - - - - - - - - - - . . . , _ . . _ PARKING - 6-LANE MAJOR NO SCAl.£ (WrrH RICHT 7tJRN L.,¡¡,NE ),NO DUAL LEFT 7URN LANES) ..;10'.10 . . . . T20' -1- - _5~ _ _I _ _ '2' I t _ 250' LEFT TIJRN lANE 120' ! REV, CliRVE FACE cr ':UR8 t___~ I I :: ~ = =('=" -1J6' Z20' 7APER - 1Y?ICAl aOTH--J SIDES OF ~E CESTE~L:NE I II PARKING _______ i ~_ lIZ' ¡r. _ZO'I- IZl -'2't CHULA VISTA DEPARTMENT CVD- 5113 WORKS 6-LANE MAJOR INTERSECTION STANDARDS ¡ -------¡- " " . - - - _ 12-r" sS: s' -:.....¡ ,z"'" 1- ..'+ 10 . I Z' Ii" 56" - - - - - - - - - 04' 1 t~· ~ IZ' -'Z' ..- 4" š¡r1------ 1 - - - - - - - - - - - - _ . . . . , . (t-!~-Y- ---- ¡r.1 o PAAKING 150'--) PARKING NOTES; .. IF THIS IS A DESIGN...TED BIKE LANE CN THE GENERAL PlAN. AN ACDITTON.4L 10' RICHT-OF-WAY 'HILL 8E RECUfRED. o .\lEDIAN NOSE AT PCR õfAT10N. 6-LANE MAJOR NQ SCAt.E (WITH ~lJAL LEFT TURN LANES) CITY OF PUBLIC evised: Z-13-90 '1-5-01 C 7-26-95 Date: 11-7-02 ...J.... ... -:::.2- - -h - I I '-128' , I~, _1_ J 1 _5~ _ . _ ....-.-... 20' 14~' 105' ~ t 20' 8' t 8' 52.~' 32' - --- UIUY fJL- 12.5" 52.5' 32· 12.,5' VW..el""""ID --- U1IUI'r __ 2:1 IIWC. -,f_ OR 8l1li( lJIf [ A s·1 12' ! 12· jž.IZII .3!.. 2:1_. fJIIERGÐICf __ OR 8l1li( l.*E 12' 12' 8' 4- LANE MAJOR """~~ (8~ II '';(7- "C>ol NiEA) 1<0 SCH.E t --109°/115. t t:D --9~"/99' W ~ UfERr::;l --~"/49.5· I --.5"/49.5' ~~ UfER _ _ -. ì 12.5' -,34'/37" t --34'/~7' 12.5' I!#I£J..... ~ UI1UITœÐØTJ. I U11UIY"'- I .7~i 75" I -5:1 __ -SF¡ . ,.- -- A .1.!.! 2!. A.3!. .3!- 2:1 ...x. lS'! 12' I 12' ~ 2:1 ...x, EIiIE~ =- \..'"110'-- a-~ r::rc *"'* THE IoIEDIoOoI WIIJ'I1. w<Y lIE RED\JŒI) TO 4' WfTH THE __ OF THE CITY ~ CLASS I COLLECTOR ...... >IOH-COHT1CUOUS ~s NO SOOI.E . '" t.'HÐSCN'm 5I.DPES GAu.1tR ~ 5:1 ,""y BE -'CCEI'T-.E AS ....'<...NED IJ\'" THE OA!CT'OR OF ~ '" '" THE FRST 5 FEET OF GENEIW.. U11UIY ~ AOJoICEIIT TO "!WE ~ SHOI.L BE SlCf'C) 1J 2S GRoDE. ~ I, RIn:R TO CITY OF CHUIA 'llSTA "'STREEr D£SICN sr...._ POI.JC'f" .oooPI"ED IJ\'" COUHCl RESOI.IJT1OM "~ ON OO'OBER 17. HIG. 2. SfNlDOADS Woy __ IN ŒVELOPm NI£AS WEST OF 1-8Q5. REI'tJ' TO "S11IaT DESIGN Sf~ POUCY". 3. SfNdl/OAO CROSS-SECTIONS ~ BEE!< I<£'itSED FOR NOII-CONT1QJOIJS SID£WHJ(S. 4. TREES _ 7.5' OR LESS OF ~ SH.Iti HAIlE ROOT IIOORRIERS ÞHD DEEP ....1tR IRRIGATION. CITY OF CHULA VISTA 1-28-00 PUBLIC WORKS DEPARTMENT MAJOR &: COWCTOR STREET CVD- SECTIONS NON-CotmGUQUS SlDOâ..l.l) $121 ~~~s. - C-C-', Aerc:"ce.~. . ~~ ~tv/'ú"""''':;'¡' Raed Bisharat . 501 Telegraph Canyon Road, Chula Vista, California 91910 Phone: (619) 421-3000 December 2, 2003 Re: Telegraph Canyon Resolution of Necessity §!I ë ::D ~.~ ~ 1"'1 (") I! I (T1 0:1 < ~.. -0 !T1 ..¿f; - r' '<;0 .' ~."':'t UI !"!1~, - City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear City Clerk, I request to be heard on the above referenced item at your meeting of December 16, 2003. I wish to primarily address the Council on the following items of concern. 1. The proposed street widening is not in accordance with the City's General Plan. 2. No information has been presented that demonstrates or suggests that the proposed street widening will improve traffic conditions when new homes are constructed but State Route 125 is not completed. (The only studies I have seen compare the current conditions with those that will exist when traffic flows are decreased after 125 is completed.) 3. The proposed widening will provide no "public good" and will cause great private injury to my family. 4. The negative declaration proposed for this project does not describe the project that is actually proposed and adopts a forbidden piecemeal approach to avoid environmental review and public discussion of the overall proposal. The description of the project by City Staff is a follows: "The project would consist of widening the westbound side of Telegraph Canyon Road ftom three Janes (one right only, one shared through/right, and one through only) to four Janes (two right only and two through only). With the future widening ofthe northbound on-ramp by Caltrans, the northern through only lane would be converted to a shared through/right Jane. The addition of the lane would occur on the north side of the road for approximately 1,200 feet (0.2 mile) ftom the I-80S northbound on-ramp to a point approximately 1,000 feet east of Hale crest Drive." Chula Vista City Clerk Decçmber 2, 2003 Page two We all know that the entire reason for this proposed action is meant to allow developers to build more houses before planned regional infrastructure is in place to accommodate such growtb. Yet there is no mention in the project description of the building of more homes and the interim increase in traffic throughout the eastern portion of the City. This proposed widening must be analyzed as part of the proposal to build more houses at an earlier time than otherwise permitted by City laws. 5. The City has not made an offer that meets the requirements ofGovemment Code Section 7267.2 since it does not explain the damages to the remainder property. The City assumes that the property will continue to be used for a gas station when in fact, such a use may well be impossible if the proposed taking occurs. I will ask that the proposed project be sent back to the drawing boards to be certain that the Council and City Staff have the opportunity to realistically evaluate the consequences of its actions not only to me but to all residents ofthe City. s"-~~ Raed Bisharat c:\Bisharat\City Clerk Itr 12-02-03