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HomeMy WebLinkAboutAgenda Packet 2000/01/11 ~ AGENDA January 11,2000 6:00 p.m. CALL TO ORDER ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY IA. Report on County Water Authority rate structuring by Otay Water District and Sweetwater Authority. B. Oath of Office: Growth Oversight Committee - Arthur M. Garcia CONSENT CALENDAR (Items 2 through 8) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that the item be removed for discussion. If you wish to speak 011 one of these items, please fill out a "Request to Speak" form (available in the lobby) and 571bmit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items (jf business. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on January 4, 2000, there were no reportable actions which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 3A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, McMILLIN OT A Y RANCH, LLC AND NM HOMES TWO, INe. (CO-APPLICANTS) AND MOONEY & ASSOCIATES (CONSULTANT) FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF CEQA REQUIRED ENVIRONMENTAL DOCUMENTATION FOR AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT B. RESOLUTION WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, NM HOMES TWO, INe. (APPLICANT), AND MOONEY & ASSOCIATES (CONSULTANT) FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF CEQA REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THE OT A Y RANCH VILLAGE II AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 1- Council Agenda 1Ill/2000 The California Environmental Quality Act (CEQA) requires the preparation of environmental documents in conjunction with Otay Ranch Village II. Adoption of the first resolution will approve the proposed contract with Mooney & Associates for $63,820 to provide environmental consulting services for Village 11. McMillin Otay Ranch, LLC and NM Homes Two, Inc. are currently processing amendments to the Otay Ranch GDP. The Environmental Review Coordinator has determined that environmental documentation must be prepared for the project. Adoption of the second resolution will approve the proposed contract with Mooney & Associates for $115,681 for environmental consulting services. Staff recommendation: Council adopt the resolutions. (Director of Planning & Building) 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN McMILLIN OTAY RANCH LLC AND THE CITY FOR THE MAINTENANCE OF PUBLIC LANDSCAPING WITHIN A PORTION OF McMILLIN OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution will approve an agreement with McMillin setting forth the obligations of the developer and future homeowners association for maintaining certain public landscaping improvements within McMillin Otay Ranch SPA One, Subdivision Map Nos. 13605, 13680, 13681, 13705, 13706, and 13710. Staff recommendation: Council adopt the resolutions. (Director of Public Works) 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE USE OF $5 MILLION IN TRANSPORTATION SALES TAX (TRANSNET) FUNDS FOR THE I-80S/OLYMPIC PARKWAY INTERCHANGE PROJECT IN PLACE OF $5 MILLION IN FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDS, AND COMMITTING THE CITY TO THE COMPLETION OF THE I-80S/OLYMPIC PARKWAY INTERCHANGE PROJECT On December 9, 1999, the SANDAG Cities/County Transportation Advisory Committee approved the shifting of $5 million in STP funds from the I-80S/Olympic Parkway interchange project to the Fiscal Year 2000/2001 Pavement Rehabilitation Program, replacing it with TransNet funds. Adoption of the resolution will commit the City to spend $5 million in TransNet funds on the interchange project during fiscal years 2000/2001,2001/2002 and 2002/2003. Staff recommendation Council adopt the resolution. (Director of Public Works) 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "CONCRETE FREIGHT CROSSINGS FOR BAY BOULEVARD AND 'J' STREET (ST-96l)" PROJECT IN THE CITY OF CHULA VISTA, CA Page 2 - Council Agenda 111112000 This project is part of the "Main Street, Industrial to Broadway" (ST -961) project. The reconstruction of the freight crossings was part of the agreement with MTDB to pay for the storm drain easement for the Main Street project within the MTDB right-of-way. The low bidder did not have the required experience and did not list any sub-contractors qualified to do the railroad track work. Staff recommendation: Council adopt the resolution rejecting bids and directing the Director of Public Works to re-advertise the work with modified specifications in order to attract more qualified bidders for the project. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COMPENSATION ADJUSTMENTS FOR CLASSIFICATIONS REPRESENTED BY CVEA AND WCE, AND FOR CLASSIFICATIONS INCLUDED IN THE CATEGORIES OF EXECUTIVE, SENIOR AND MIDDLE MANAGEMENT, CONFIDENTIAL, AND UNCLASSIFIED HOURLY TO BE EFFECTIVE WITH THE PAY PERIOD BEGINNING DECEMBER 31, 1999 AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING THE NECESSARY FUNDING THEREFOR (4/STHS VOTE REQUIRED) This item is a request to approve compensation adjustments and related funding for various classifications based on a market study of compensation levels for all management and non-safety employee classifications. Staff recommendation: Council adopt the resolution. (Director of Human ResourceslDeputy City Manager) 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO.4 FOR THE "I-80S/TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (STM-304)" AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY Change Order No.4, totaling $16,694.54, consists of extra work items required for the construction of two drainage structures within the existing Telegraph Canyon Road median at Station 5 + 2-. This work is required because previous work performed by CalTrans was not adequately reflected in the "As-Built" CalTrans drawings for the existing substandard drainage structures used in the design of the project plans and specifications Because the change order exceeds $10,000, it requires Council authorization. Staff recommendation: Council adopt the resolution ORAL COMMUNICA nONS Page 3 - Council Agenda 1/11/2000 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised alld/or posted as public hearings as required by law. If you wish to speak to any item, please fill out a "Request to Speak" form (available ill the lobby) and submit it to the City Clerk prior to the meetillg. 9. CONSIDERATION OF MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE NO. 2251, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES (4/STH'S VOTE REQUIRED) On November 16, 1999, Council approved Urgency Ordinance No. 2801-A, amending the Transportation Development Impact Fee (TDIF) Ordinance, and Ordinance 2802, codifYing the new Transportation Development Impact Fee. On December 15, 1999, Council approved Urgency Ordinance No., 2801-8. Adoption of the proposed Urgency Ordinance 2801-C will enable the City to continue to collect the fee during the 60-day waiting period before Ordinance 2802 becomes effective. Staff recommendation: Council adopt the urgency ordinance. (Director of Public Works) 10. CONSIDERATION OF THE FORMATION OF A REIMBURSEMENTDISTRICT FOR THE CONSTRUCTION OF THE SHIRLEY STREET SEWER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ALLOCATION OF COSTS AND AUTHORIZING THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE SHIRLEY STREET SEWER Based on residents' requests, the City recently constructed a sewer line in Shirley Street, between North Second and Del Mar Avenue. Staff proposes that the City be repaid for the cost of constructing the sewer through a reimbursement district. On November 16, 1999, Council adopted Resolution No. 19657 initiating proceedings and setting the public hearing for this date. (Continued from December 7, 1999.) Staff recommendation Council continue the hearing to February 8, 2000. 11. CONSIDERATION OF THE FORMATION OF UNDERGROUND UTILITY DlSTRIST NO. 130 ALONG ORANGE AVENUE FROM FOURTH AVENUE TO PALOMAR STREET RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EST ABLISHING UNDERGROUND UTILITY DISTRICT NO. 130 ALONG ORANGE AVENUE FROM FOURTH AVENUE TO PALOMAR STREET AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIV ATE SERVICE LATERAL CONVERSION Page 4 - Council Agenda 1/11/2000 On November 16, 1999, by Resolution No. 19654, the Council ordered a public hearing to be held on this date to determine whether the public health, safety or general welfare requires the formation of a utility underground district along Orange Avenue ITom Fourth Avenue to Palomar Street. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the proposed district. The proposed district is about 1,350 feet long and is estimated to cost approximately $440,000. SDG&E's allocation funds (Rules 20-A) will be used to cover the cost of the project, including reimbursements to affected property owners for their respective trenching costs. Staff recommendation: Council conduct the public hearing and adopt the resolution. (Director of Public Works) 12. CONSIDERATION OF THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON A PORTION OF LAND LOCATED WITHIN VILLAGE FIVE OF THE OTAY RANCH SPA ONE FOR THE CONTRUCTION OF A PASEO AND PARK P-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THE DECLARING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN REAL PROPERTIES FOR FEE SIMPLE, AND PERMANENT AND TEMPORARY SLOPE AND DRAINAGE EASEMENT INTERESTS TO SATISFY OFF-SITE CONDITIONS FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02 ("TM 97-02") FOR THE OTAY RANCH PASEO AND PARK PROJECT The purpose of the hearing is to consider the approval of the resolution initiating eminent domain proceedings to acquire the fee simple of a portion of land that will accommodate portions of the Paseo and Park P-9 in Village Five of the Otay Ranch SPA One. The condemnation will also include the granting of temporary and permanent easements for slope and drainage purposes, which are necessary to construct said paseo and park. (Continued from December 14, 1999.) Staff recommendation: Council conduct the public hearing and adopt the resolution. (Director of Public Works) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 13. CITY MANAGER'S REPORTS A. Scheduling of meetings. 14. MAYOR'S REPORTS IS. COUNCIL COMMENTS ADJOURNMENT to a Closed Session and thence to the Regular Meeting of January 18, 2000, at 6:00 p.m. in the Council Chambers. *** An Adjourned Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting. *** Page 5 - Council Agenda 1/11/2000 '" declare tinder penalty of perjury that I am em of) e" b'! t~e City of Chu:a Vista in the 0,<;3'." ..c':i:' Cler:; end that I posted t::is ~:f.n.'c¡.;Jj.:.c "" t:,e Bulletin Board at the "U')Lc/'3Cr~ces Building ~ AGENDRATED, " Oil,::Ju750 SIGNED .. January 11, 2000 6:00 p.m. CALL TO ORDER ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY 1. Report on County Water Authority rate structuring by Otay Water District and Sweetwater Authority. CONSENT CALENDAR (Items 2 through 8) The staff recommendations regarding the followillg items listed ullder the Consent Calelldar will be enacted by the Council by aile motioll, without discussioll, unless a Coullcilmember, a member of the public, or City staff requests that the item be removedfor discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) alld 571bmit it to the City Clerk prior to the meetillg. Items pulled ji-om the Collsent Calelldar will be discussed after Actioll Items. Items pulled by the public will be the first items of busilless. 2. WRITTEN COMMUNICATIONS A. Letter from the City Attorney stating that to the best of his knowledge ITom observance of actions taken in Closed Session on January 4, 2000, there were no reportable actions which are required under the Brown Act to be reported. Staff recommendation: The letter be received and filed. 3A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, McMILLIN OT A Y RANCH, LLC AND NM HOMES TWO, INc. (CO-APPLICANTS) AND MOONEY & ASSOCIATES (CONSULTANT) FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF CEQA REQUIRED ENVIRONMENTAL DOCUMENTATION FOR AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT B. RESOLUTION WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, NM HOMES TWO, INc. (APPLICANT), AND MOONEY & ASSOCIATES (CONSULTANT) FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF CEQA REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THE OTAY RANCH VILLAGE II AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 1- Council Agenda 1/11/2000 - .1 . - The Califòmia. . Environmental Quality Act (CEQA) requires the preparation of environmental documents in conjunction with Otay Ranch Village 11. Adoption of the first resolution will approve the proposed contract with Mooney & Associates for $63,820 to provide environmental consulting services for Village 11. McMillin Otay Ranch, LLC and NM Homes Two, Inc. are currently processing amendments to the Otay Ranch GDP. The Environmental Review Coordinator has determined that environmental documentation must be prepared for the project. Adoption of the second resolution will approve the proposed contract with Mooney & Associates for $115,681 for environmental consulting services. Staff recommendation: Council adopt the resolutions. (Director of Planning & Building) 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN McMILLIN OTAY RANCH LLC AND THE CITY FOR THE MAINTENANCE OF PUBLIC LANDSCAPING WITHIN A PORTION OF McMILLIN OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution will approve an agreement with McMillin setting forth the obligations of the developer and future homeowners association for maintaining certain public landscaping improvements within McMillin Otay Ranch SPA One, Subdivision Map Nos. 13605, 13680, 13681, 13705, 13706, and 13710. Staff recommendation: Council adopt the resolutions. (Director of Public Works) S. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE USE OF $5 MILLION IN TRANSPORTATION SALES TAX (TRANSNET) FUNDS FOR THE I-80S/OLYMPIC PARKWAY INTERCHANGE PROJECT IN PLACE OF $5 MILLION IN FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDS, AND COMMITTING THE CITY TO THE COMPLETION OF THE I-80S/OLYMPIC PARKWAY INTERCHANGE PROJECT On December 9, 1999, the SANDAG Cities/County Transportation Advisory Committee approved the shifting of $5 million in STP funds from the I-80S/Olympic Parkway interchange project to the Fiscal Year 2000/200 I Pavement Rehabilitation Program, replacing it with TransNet funds. Adoption of the resolution will commit the City to spend $5 million in TransNet funds on the interchange project during fiscal years 200012001,2001/2002 and 2002/2003. Staff recommendation: Council adopt the resolution. (Director of Public Works) 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "CONCRETE FREIGHT CROSSINGS FOR BAY BOULEVARD AND IJ' STREET (ST-961)" PROJECT IN THE CITY OF CHULA VISTA, CA Page 2 - Council Agenda 1/11/2000 This project is part of the "Main Street, Industrial to Broadway" (ST-961) project. The reconstruction of the ITeight crossings was part of the agreement with MTDB to pay for the storm drain easement for the Main Street project within the MTDB right-of-way. The low bidder did not have the required experience and did not list any sub-contractors qualified to do the railroad track work. Staff recommendation: Council adopt the resolution rejecting bids and directing the Director of Public Works to re-advertise the work with modified specifications in order to attract more qualified bidders for the project. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COMPENSATION ADJUSTMENTS FOR CLASSIFICATIONS REPRESENTED BY CVEA AND WCE, AND FOR CLASSIFICATIONS INCLUDED IN THE CATEGORIES OF EXECUTIVE, SENIOR AND MIDDLE MANAGEMENT, CONFIDENTIAL, AND UNCLASSIFIED HOURLY TO BE EFFECTIVE WITH THE PAY PERIOD BEGINNING DECEMBER 31, 1999 AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING THE NECESSARY FUNDING THEREFOR (4/STHS VOTE REQUIRED) This item is a request to approve compensation adjustments and related funding for various classifications based on a market study of compensation levels for all management and non-safety employee classifications. Staff recommendation: Council adopt the resolution. (Director of Human Resources/Deputy City Manager) 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO.4 FOR THE "I-80S/TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA (STM-304)" AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY Change Order No.4, totaling $16,694.54, consists of extra work items required for the construction of two drainage structures within the existing Telegraph Canyon Road median at Station 5 + 2-. This work is required because previous work performed by CalTrans was not adequately reflected in the "As-Built" CalTrans drawings for the existing substandard drainage structures used in the design of the project plans and specifications. Because the change order exceeds $10,000, it requires Council authorization. Staff recommendation: Council adopt the resolution. ORAL COMMUNICA nONS Page 3 - Council Agenda 1/11/2000 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The followillg items have beell advertised alld/or posted as public hearings as required by law. If you wish to speak to allY item, please fill out a "Request to Speak" form (available in the lobby) and 57tbmit it to the City Clerk prior to the meetillg. 9. CONSIDERATION OF MODIFICATION OF THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE NO. 2251, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES (4/STH'S VOTE REQUIRED) On November 16, 1999, Council approved Urgency Ordinance No. 2801-A, amending the Transportation Development Impact Fee (TDIF) Ordinance, and Ordinance 2802, codifYing the new Transportation Development Impact Fee. On December 15, 1999, Council approved Urgency Ordinance No., 2801-B. Adoption of the proposed Urgency Ordinance 2801-C will enable the City to continue to collect the fee during the 60-day waiting period before Ordinance 2802 becomes effective. Staff recommendation: Council adopt the urgency ordinance. (Director of Public Works) 10. CONSIDERATION OF THE FORMATION OF A REIMBURSEMENTDISTRICT FOR THE CONSTRUCTION OF THE SHIRLEY STREET SEWER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ALLOCATION OF COSTS AND AUTHORIZING THE FORMATION OF A REIMBURSEMENT DISTRICT FOR THE SHIRLEY STREET SEWER Based on residents' requests, the City recently constructed a sewer line in Shirley Street, between North Second and Del Mar Avenue. Staff proposes that the City be repaid for the cost of constructing the sewer lhrough a reimbursement district. On November 16, 1999, Council adopted Resolution No. 19657 initiating proceedings and setting the public hearing for this date. (Continued from December 7, 1999.) Staff recommendation: Council continue the hearing to February 8, 2000. 11. CONSIDERATION OF THE FORMATION OF UNDERGROUND UTILITY DISTRIST NO. 130 ALONG ORANGE AVENUE FROM FOURTH AVENUE TO PALOMAR STREET RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 130 ALONG ORANGE A VENUE FROM FOURTH A VENUE TO PALOMAR STREET AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION Page 4 - Council Agenda l/1l/2000 On November 16, 1999, by Resolution No. 19654, the Council ordered a public hearing to be held on this date to determine whether the public health, safety or general welfare requires the formation of a utility underground district along Orange Avenue tram Fourth Avenue to Palomar Street. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the proposed district. The proposed district is about 1,350 feet long and is estimated to cost approximately $440,000. SDG&E's allocation funds (Rules 20-A) will be used to cover the cost of the project, including reimbursements to affected property owners for their respective trenching costs. Staff recommendation: Council conduct the public hearing and adopt the resolution. (Director of Public Works) 12. CONSIDERATION OF THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON A PORTION OF LAND LOCATED WITHIN VILLAGE FIVE OF THE OTAY RANCH SPA ONE FOR THE CONTRUCTION OF A PASEO AND PARK P-9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THE DECLARING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN REAL PROPERTIES FOR FEE SIMPLE, AND PERMANENT AND TEMPORARY SLOPE AND DRAINAGE EASEMENT INTERESTS TO SATISFY OFF-SITE CONDITIONS FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02 ("TM 97-02") FOR THE OTAY RANCH PASEO AND PARK PROJECT The purpose of the hearing is to consider the approval of the resolution initiating eminent domain proceedings to acquire the fee simple of a portion of land that will accommodate portions of the Paseo and Park P-9 in Village Five of the Otay Ranch SPA One. The condemnation will also include the granting of temporary and permanent easements for slope and drainage purposes, which are necessary to construct said paseo and park. (Continued from December 14,1999.) Staff recommendation: Council conduct the public hearing and adopt the resolution. (Director of Public Works) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 13. CITY MANAGER'S REPORTS A. Scheduling of meetings. 14. MAYOR'S REPORTS 15. COUNCIL COMMENTS ADJOURNMENT to a Closed Session and thence to the Regular Meeting of January 18, 2000, at 6:00 p.m. in the Council Chambers. *** An Adjourned Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting. *** Page 5 - Council Agenda 1/11/2000 ~ \ ft.. ~..- CITY OF CHUlA VISTA MEMORANDUM January 6, 2000 To: The Honorable Mayor and City Council From: David D. Rowlands, Jr., City Manager 9;v fL Subject: Council meeting of January 11, 2000 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, January 11, 2000. Comments regarding the Written Communications are as follows: 2a. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on January 4, 2000, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. DDRmab HI declare ~nder penalty of perjury that I am amployad by the City of Chula Vista in tha Office of the Clf.,; G!HK ~n~ tila~ I posted this Agen.1"I,.o"ì"e on the Builetin Board at the Pubi:c J/7..ices Bu:ldin;¡ ~at City ~ ~e}fl.t9~ ~ $10ðC)SIGNED, ~ .. NOTICE OF SPECIAL MEETI F" THE CHULA VISTA CITY COUNCn.. Notice is hereby given that the City Council of the City ofChula Vista will meet in Closed Session on Tuesday, January 11, 2000, at 7:00 p.m. or immediately following the regularly scheduled public session, for the following purpose: CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION S49S6.9(B) One Case Closed Session will be held in the Council Conference Room of the Public Services Building, 276 Fourth Avenue, Chula Vista, California. Dated & posted: January 10, 2000 ~~3lu bJ~, I ~ Susan Bigelow, CMC/ , City Clerk ~(ft.. -.- ~--- ---- -šf~~:E CllY OF CHUIA VISfA OFFICE OFTHE CITY ATTORNEY Date: January 5, 2000 To: The Honorable Mayor and City Council From: John M. Kaheny, City Attorney r Re: Report Regarding Actions Taken in Closed Session for the Meeting of 1/4/00 The City Council of the city of Chula vista met in Closed Session on 1/4/00 to discuss: 0 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: city Negotiator: city Manager Employee organizations: Chula Vista Employees Association, Chula vista Mid-Managers Association, Western Council of Engineers, Chula vista Police Officers Association, and Local 2180 International Association of Fire Fighters AFL-CIO The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the city Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK:lgk 276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823 ""~"M"_'_"'"'-' - ----~---~--------------~------~-~----- ". declare tInder penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clori< and that I posted this Agenda/N"tice on the Bulletin Board at the Public ervi es Building '!1d at City G . I '7. SIGNED ß ". Tuesday, January 11, 2000 DATED. 0 ~ CouncIl Chambers 6:00 p.m. Public Services Building (immediately following the City Council Meeting) CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act Unless the City Attorney, the City Manager or the City Council states othenvise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of .final action taken, and adjournment will not be videotaped Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 1. CONFERENCE WITH REAL PROPERTY NEGOTIOA TOR - PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Approximately seven acres located on Bonita Road adjacent to the Chula Vista Municipal Golf Course Negotiating Parties: City ofChula Vista (Chris Salomone/Sid Morris), The Phair Co., and American Golf Under Negotiation: Purchase pricellease rate and other terms and conditions for possible disposition of City-owned property 2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6 City Negotiator: City Manager Employee organizations: Chula Vista Employees Association, Chula Vista Mid- Managers Association, Western Council of Engineers, Chula Vista Police Officers Association, and Local 2180 International Association of Fire Fighters AFL-CIO. ~~ ,'A.". .m ',. r /?/;;,Ili'. ~~ NOTICE OF CONTINUANCE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Public Hearing scheduled for Tuesday, December 14, 1999 to consider: THE ACQUISITION OF CERTAIN PROPERTY RIGHTS ON A POTION OF LAND LOCATED WITHIN VILLAGE FIVE OF THE OT A Y RANCH SPA ONE FOR THE CONSTRUCTION OF A PAS EO AND PARK P-9 was continued. The hearing has been rescheduled for Tuesday, January 11, 2000, at 6:00 p.m. in the City Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, CA. ¡JJ ~ .y; MA/J Donna Norris Confidential Administrative Secretary Dated: December 15, 1999 COUNCIL AGENDA STATEMENT Item: Meeting Date: 1/11/00 ITEM TITLE: Resolution Approving an agreement between the City of Chula Vista, McMillin Otay Ranch, LLC and NM Homes Two, Inc. (Co- Applicants), and Mooney & Associates (Consultant), for consulting services for preparation and submittal of CEQA required environmental documentation for amendments to the Otay Ranch General Development Plan (GDP) and authorizing the Mayor to sign said agreement Resolution Waiving the City's Formal Bidding Process, Approving an agreement between the City of Chula Vista, NM Homes Two, Inc. (Applicant), and Mooney & Associates (Consultant), for consulting services for preparation and submittal of CEQA required environmental documentation for Otay Ranch Village 11 and authorizing the Mayor to sign said agreement SUBMITTED BY: Director of Planning and Building /'Ø¿ !~ -v REVIEWED BY: City Manager itI?\ (4/Sths Vote: Yes_NolU McMillin Otay Ranch, LCC and NM Homes Two, Inc have proposed amendments to the Otay Ranch General Development Plan (GDP). The Environmenta1 Review Coordinator has determined that environmental documentation must be prepared for the project. This report requests City Council approve the proposed contract with Mooney & Associates for $115,681 to provide consultant services for the preparation of the CEQA required environmental documents for the Otay Ranch GDP amendment. In a related matter, NM Homes Two, Inc. is currently processing a Sectional Planning Area (SPA) plan for Village 11 within Otay Ranch. The Environmental Review Coordinator has determined that an Environmental Impact Report must be prepared for the project. This report requests City Council waive the formal bidding process and approve the proposed contract with Mooney & Associates for $63,820 to provide consultant services for the preparation of the CEQA required environmental documents. RECOMMENDATION: That the City Council approve the resolutions and authorize the Mayor to execute both Three-Party Agreements with the City of Chula Vista, Mooney & Associates, and NM Homes Two, Inc., and McMillin,. Otay Ranch/NM Homes Two, Inc. for preparation of the CEQA required environmental documents. BOARDS/COMMISSIONS RECOMMENDATION: N/A 3---/ Page 2, Item No.: Meeting Date: 01/11/00 DISCUSSION: Two related projects are involved with these two contracts. The first pertains to the amendments being proposed to the City's General Plan (GP) and the Otay Ranch General Development Plan (GDP). These amendments do not pertain to a single property holder but rather to the entire GDP. The amendments are needed for two reasons. First, as a result of negotiations for the University site, changes to village boundaries and modifications to the circulation plan are necessary. In addition the GDP Program EIR will be updated to fully incorporate previous actions taken, that that although fully analyzed in accordance with CEQA, have not as yet been incorporated into the GDP ErR. The second contract pertains to the preparation of an EIR for the Village II SPA plan being planned by NM Homes Two, Inc., (New Millennium). Village 11 is comprised of a 479.3-acre site located within the Otay Valley Parcel to the east of Planning Area 12 and the Eastern Urban Center, and to the north of Villages 9 and 10. EastLake Parkway and Olympic Parkway serve as the northern boundary of the project and Salt Creek is to the east. The proposed project is the adoption of a SPA plan for Village 11 in accordance with the Otay Ranch General Development Plan (GDP). The SPA will include all SPA level documents required to implement the Otay Ranch GDP for the Village. Background Because the cost of consulting services to prepare the environmental documents exceeds $50,000 the contract must be awarded by the City Council pursuant to the procedures specified in Section 2.56.110(3) of the Chula Vista Municipal Code. Section 2.56.110(3) specifies that if the estimated cost of professional services exceeds $50,000 it shall be awarded by the City Council. Staff is also recommending that the selection process for professional services described in Section 2.56.110 of the Municipal Code be waived for the NH Homes, Two, Inc contract, for the reasons described below. McMilllin Project Environmental Proposal Requests for Proposal (RFPs) were sent out to 33 consultants. This represented all environmental consultants on the City's list of qualified consultants that did not have a conflict of interest. In addition, notice of the RFP was published in the newsletter of t he San Diego Chapter of the Association of Environmental Professionals. The RFP included a project description for amendments to the Otay Ranch General Development Plan (GDP) and the plan proposed by McMillin for Villages 6 and 7 and the FC and EUC in Planning Area 12. It did not include New Millennium's Village 11 proposal. The RFP requested that consultants submit a proposed scope of work including all tasks necessary to prepare the environmental documents, a proposed schedule for the project and a proposed fee. Three firms submitted proposals. They were KEA Environmental Inc., Cotton-Beland Associates, Inc. and Brian F. Mooney and Associates. Their proposed fees ranged from 3-;J-, Page 3, Item No.: Meeting Date: 01111/00 $136,408 to $256,874. All proposals were deemed responsive to the RFP. The City Manager appointed a selection committee, which consisted of staff members ITom the Planning and Engineering Divisons. The staff members were Doug Reid, Environmental Review Coordinator, Rick Rosaler, Principal Planner and Alex Al-Agha, Senior Civil Engineer. In addition, a representative from McMillin was invited to be a non-voting member of the committee. The selection committee reviewed and ranked the proposals that were submitted. Their ranking was based on cost, qualifications, proposed scope of work and experience of the personnel that would be assigned to the project. The selection committee interviewed the two firms with the lowest fees and Mooney and Associates was the unanimous choice of the selection committee. McMillin's representative concurred with that choice. New Millennium Project Environmental Proposal During the time that the scope of work for Mooney and Associates' contract was being refined for the environmental documents associated with the McMillin holdings, negotiations on the University were continuing. Based on those negotiations, New Millennium came forward with their proposed SPA for Village 11. Mooney and Associates had already been selected to prepare the EIR for Villages 6, 7 and the FC and EUC. The applican t reviewed the selection process for the McMillin EIR and requested that their EIR be prepared by Mooney and Associates and that the proposal that Mooney submitted during the selection process for Villages 6, 7 and the FC and EUC be expanded to include Village 11. Staff believed it was important to analyze the impacts of all of the SPA plans together, especially traffic. The best method to achieve this analysis was to have the same consultant prepare all of the environmental documents. Selection of the same consultant team would ensure consistency in analyzing the impacts. Staff has determined that it is appropriate and will materially better serve the City's interest to waive the consultant selection process for the NM Homes, Two, Inc. project since it is related to another project (McMillin) that had recently gone through the entire selection process. Therefore, the second resolution for your consideration waives the consultant selection process and approves a contract for Mooney and Associates to provide consulting services for the preparation of the Village 11 EIR based on the following reasons: 1. The project proposed by NH Homes, Two, lnc, is located within Otay Ranch and is similar in nature to a project currently being processed by McMillin Otay Ranch, LLC which is also located within Otay Ranch; and, 2. Recently the environmental consultant selection process was completed for the McMillin project within Otay Ranch; and 3. During that selection process, through the submittal of a written proposal and an oral interview with the selection committee, Mooney and Associates demonstrated competence and qualifications to perform the necessary environmental services; and, 3-3 Page 4, Item No.: Meeting Date: 01/11/00 4. Through said selection process Mooney and Associates also demonstrated their ability to perform the services for a reasonable fee. 5. NM Homes, Two, Inc. reviewed the selection process and based on Mooney and Associates' proposal for the McMillin holdings has requested that the formal selection process be waived for their project and that Mooney and Associates be retained to prepare the environmental documents for their project The proposed contracts define the conditions of the agreement required by the Municipal Code, which include contract scope, work plan and schedule, costs, fee, method of payment, duration, insurance, and indemnification. The City Risk Manager and the City Attorney's Offices have reviewed and approved the proposed contract form. FISCAL IMPACT: Mooney & Associates' cost to prepare the environmental documents for Village 11 is $63,280.00. The cost to prepare the environmental documents for the Otay Ranch GDP amendment is $115,681. The cost for both contracts will be paid by the project applicants, NM Homes Two, Inc., and McMillin Otay Ranch, LLC through deposit accounts. Any City staff time associated with preparation of the environmental documents will also be reimbursed by NM Homes Two, Inc., and McMillin Otay Ranch, LLC through a separate deposit account already established with the City. Attachments 1. Three-Party Agreement between the City of Chula Vista, Mooney and Associates and NM Homes Two, Inc. 2. Three-Party Agreement between the City of Chula Vista, Mooney and Associates and McMillin Otay Ranch, LLC and NM Homes Two, Inc. H:\HOME\PLANNING\MARIL YN\Mooney-NMHomes-GDP 3pty AGENDA STATEMENT-final ,",sion.doc 3-1/ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, MCMILLIN OTAY RANCH, LLC AND NM HOMES TWO, INC., (CO- APPLICANTS) AND MOONEY & ASSOCIATES (CONSULTANT) FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF CEQA REQUIRED ENVIRONMENTAL DOCUMENTATION FOR AMENDMENTS TO THE OTAY RANCH GENERAL DEVELOPMENT PLAN (GDP) AND AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT WHEREAS, on October 28, 1993 Council approved Resolution 17298 establishing the General Development Plan for Otay Ranch; and WHEREAS, the Environmental Review Coordinator has determined that environmental documents in accordance with the California Environmental Quality Act (CEQA) must be prepared for proposed amendments to the Otay Ranch General Development Plan (GDP); and WHEREAS, the expertise necessary to prepare the environmental documents requires the hiring of a consultant; and WHEREAS, Section 2.56.110 of the Chula Vista Municipal Code provides for specific procedures for consultants and those procedures including registration, notice, and selection specified in the Municipal Code and Section 6.5.2 of the Environmental Review Procedures have been satisfied; and WHEREAS, as a result of this selection process, Mooney & Associates was determined to be the most qualified and most responsible firm to provide contractual services to prepare the environmental documents; and WHEREAS, Mooney & Associates warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Consultant to City within the time frames, and pursuant to the scope of services herein provided all in accordance with the terms and conditions of the Three- Party Agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve an Agreement, a copy of which is on file in the office of the City Clerk, with Mooney & Associates ("Consultant") and McMillin Otay Ranch, LLC and NM Homes Two, Inc. ("Co-Applicants") for consulting services for preparation and submittal of CEQA required environmental documentation for amendments to the Otay Ranch General Development Plan (GDP). 319-1 BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~~~ Robert Leiter John. aheny Planning and Building Director City Attorney H:\shared\PLANNING\Mooney-GDP 3 pty RESO.doc 3f1-é).. -~~_._-~~~~.._--~._- . Three Party Agreement Between City of Chula Vista, Moone)' & Associates, Consultant, and McMillin Otay Ranch, LLC, A Delaware Limited Liability Company, and NM Homes Two, Inc., a Delaware Corporation, Co-Applicants For Consulting Work to be Rendered with regard to Co-Applicants' Project 1. Parties This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("CitY") here~municipal corporation of the State of California, the person designated on the attached Exhibit A as "Consultant" Mooney & Associates whose business form and address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Co- Applicants" McMillin Otay Ranch, LLC, a Delaware Limited Liability Company and NM Homes Two, Inc., a Delaware Corporation, whose business forms and addresses are indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties, and Representations. 2.1. Warranty of Ownership. Co-Applicants warrant that Co-Applicants are applying for certain amendments to the Otay Ranch General Development Plan adopted by City of Chula Vista Resolution No. 17298. 2.2. In order for the City to process the Application of Co-Applicants, work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.3. City does not presently have the "in-house" staff orresources to process the application within the time frame requested for review by the Co-Applicants. 2.4. This agreement proposes a sixty/forty percent (60/40) arrangement by which Co- Applicants shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 2.5. Additional facts and circumstances regarding the background for this agreement are set forth on Exhibit B; 3ptyagmMoOJI"ylMcMillinINM Home Co-Applicant City ofChula Vista/Mooney/McMillinINM Home January 2000 Sf}- 3 Page 1 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND CO-APPLICANTS AS FOLLOWS: 3.1. Employment of Consultant by Co-Applicants. Consultant is hereby engaged by the Co-Applicants, not the City, and at Co-Applicant's sale cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in ~articular-1li set forth in Exhibit A., Paragraph 6, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed at a pre-agreed financial share amount of sixty/forty percent (60/40) to be paid by the Co-Applicants (Sixty Percent - McMillin and Forty Percent - NM Homes Two). In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation andlorreimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Co-Applicants, necessary or proper to perform and complete the work and provide the Services required of the Consultant. ).2. çnn:æensation of Consultant. Co-Applicants shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the goveming compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall 3ptyagmMooney/McMillinINM Home Co-Applicant City ofChula Vista/Mooney/McMiJlin/NM Home January 2000 Page 2 not be liable for the compensation unless it receives same ITom Co-Applicants. Co-Applicants shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Co-Applicants, with the conCUlTence of City, determines that additional services ("Additional Services") are needed ITom Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Co-Applicants at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.1.1. In the event that the City shall detennine that additional work is required to be perfonned above and beyond the scope of work herein provided, City will consult with Co-Applicants regarding the additional work, and if thereupon the Co-Applicants fail orrefuse to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Co-Applicants' Application until the Co-Applicants shall deposit the City's estimate of the costs of the @ditional¥rk which the City detennines is or may be required. Co-Applicants shall pay any and all additional costs for the additional work. 3.2.2. Reductions-in Scope of Work. City may independently, or upon request ITom Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Co-Applicants- 3.3.1. Deposit. As security for the payment of Consultant by Co-Applicants, Co- Applicants shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit Cand as hereinbelow set forth: 3.3.1.1 Other Tenns of Deposit Trust. 3.3.1.1.1. City shall also be entitled to retain ITom said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and 3pty"gmMooney/McMillinlNM Home Co-Applicant City ofChula Vista/MooneylMcMillin/NM Home January 2000 Page 3 3¡:} -5 upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Co-Applicants not later than 30 days after the tennination of this Agreement and any claims resulting theretrom. 3.3.1.1.4. Co-Applicants shall be notified within 30 days after ofthe use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Co-Applicants to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Co-Applicants shall, within 30 days pays said amount ("Supplg¡¡ental Df:iPsit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Co- Applicants to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold processing of Co-Applicants' Application upon a breach of Co-Applicants' duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval ofthe City: 4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away ITom premises owned orrented by Consultant, which names City and Co-Applicants as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Co-Applicants in the same manner as members ofthe general public ("Cross-liability Coverage"). lr~r'gmMooney/McMiJJi!1/NM Home Co-Applicant City ofChula Vista/Mooney/McMillin/NM Home January 2000 317 -It Page 4 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. Proof of Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demons1rate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Co- Applicants demons1rating same. -- - 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Co-Applicants- The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Co-Applicants- 4.4. Communication to Co-Applicants. Consultant shall not communicate directly to the Co-Applicants except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Co-Applicants to ensure the adequacy of services perfonned by Consultant. S. Non-Compensation Duties of the Co-Applicants. 5.1. Documents Access. The Co-Applicants shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Co-Applicants reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. Property Access. The Co-Applicants hereby grant permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Co-Applicants. Consultant shall 3ptyagmMooney/McMillin/NM Home Co-Applicant City ofChula Vista/Mooney/McMillinlNM Home January 2000 Page 5 31-)-r¡ promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Co-Applicants harmless wm all loss, cost, damage, expenses, claims, and liabilities in connection with or arising ITom any such entry and access. 5.3. Communication to Consultant. Co-Applicants shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Co-Applicants may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration afthis agrefilllent. 7. Conflicts of Interest 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 3ptydgrnMuoney/McMillin/NM Home Co-Applicant City of Chula VistalMooney/McMillin/NM Home January 2000 f! Page 6 ?fl ../ 7.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further W3ITants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 7.5. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further W3ITants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. Specific W3ITanties Against Economic Interests. -- - Consultant W3ITants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles ITom the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further W3ITants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Co-Applicants or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This agreement may be terminated by the CITY for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant ITom liability of such default. 3ptyagmMúoneyIMcMillinINM Home Co-Applicant City of Chula Vista/MooneylMcMillin/NM Home January 2000 Page 7 3 fì - '7 9. City's Right to Terminate Payment for Convenience, Documents. 9.1. Notwithstanding any other section or provision of this agreement, the CITY shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 9.2. In the event of termination of this agreement by the CITY in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. - - 9.4. In the event of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Co-Applicants' cost, of all such documents to the Co-Applicants. 9.5. Co-Applicants shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures No suit shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City ofChula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification 11.1. Consultant to Indemnify City and Co-Applicants re Injuries. Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and appointed officers and employees and Co-Applicants ITom and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Co-Applicants in connection with the execution of the work covered by this Agreement, except only for those claims arising ITom the sole negligence or sale willful misconduct of the City, its officers, or employees, or Co-Applicants, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees 3ptyagmMooney/McMiIlinINM Home Co-Applicant City orChu!a Vista/MooneylMcMiIlinINM Home January 2000 Page 8 3~ - / () and liability incurred by the City, its officers, agents, or employees or Co-Applicants in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Co-Applicants, defend any such suit or action brought against the City, its officers, agents, or employees or Co-Applicants. Consultants' indemnification of City and Co-Applicants shall not be limited by any prior or subsequent declaration by the Consultant. 11.2 Co-Applicants to Indemnify City re Compensation of Consultant. Co-Applicants agree to defend, indemnifY and hold the City harmless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting trom or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services requITed by this Agreement. 12. Business1..icenses- Co-Applicants agree to obtain a business license tram the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Co-Applicants further agree to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Co-Applicants shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 3ptyagmMoon<;v."McMillin/NM Home Co-Applicant City ofChula Vista/MooneylMcMillin/NM Home January 2000 Page 9 311-// 13.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.5. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction tram its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 13.6. Governing LawNenue. - -- This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chura Vista, or as close thereto as possible. Venue for this Agreement, and perfonnance hereunder, shall be the City of Chula Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be detennined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such detennination, implement and give effect to the intentions of the parties as reflected herein. 3ptyagrn'.1~o.¡ey/¡VkM¡IIÌI'JNM Home Co-Applicant City of Chula Vista/Mooney/McMillin/NM Horne January 2000 Page 10 311' /;;.. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 13.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the partiei might otherwise have unless this Agreement provides to the contrary. 13.13. No Additional Beneficiaries. Despite the fact that the required performance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit theretrom, and agree that no performance hereunder may be enforced by any person not a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Co-Applicants. (End of Page. Next Page is Signature Page.) 3ptyagmMooney/McMillin/NM Home Co-Applicant City of Cbula Vista/M<Joney/McMillin/NM Home January 2000 Page 11 '/' f} . /3 J JAN 06 '00 17:47 TO-94095861 FROM-MCMILLIN COMPANIES T -468 Po 02/02 F-301 Ol/alS/Pp 1/1:21 FAX 1S19 .01 GiII1 C.Y. ÞLANM1NG" BUILDING lC\,uuJ. æ . d 1I:UC1. ; Sigœtw'C P"!C NO !/' ~ tile pamas ~, JIa'Yill¡ IUd - ~oc1 the I8m1s :m4 corIdiåQ>1s of ~~~ ; ~ do hereby e¡¡pres¡ 1hdr consent \0 tbe !em:iS ber~rby scmua "IMIr =d 1IJ:retc on tt.e cIa~e o;er fo1o1b zdjlla'lllt.1herem. ];)~ Cily afChula V;i$Ia ~: -- Shirley Honau. MaylJr AttCSQ Sasllß :Bi Jllow CIty Cle:k 1 . ; J\þprtlved 85 ~ 1"QI:m. JDhDM-~ : City AÞrJ/fMy .-- Co-AppJiçard,S: l\W4iJ)ÙI Oray Ranch. LLC, .. ~ NN~ Two. ImI., aDc1awazcCt:çar;¡rjOD Limited ~ ~ BY'- LìllÎi- ~ :By: - BND R. Pe1:ersen. Prss1dent- ; --~~6~ ,. CiI1 a lift/Nl\l:~ ;"¡II1:¡' Inr-~ ~n/1n'~ tR~-1 rJ~AAJ~AQ'" 3ft- , 4 ...,. "...,.n nn-o......."' Exhibit A Reference Date of Agreement: January 18,2000 Effective Date of Agreement: January 11,2000 City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Mooney & Associates, Business Form of Consultant: ( ) Sale Proprietorship ( ) Partnership ( X ) Corporation Address:..c9903 BuSÍllesspark Avenue, San Diego, CA 92131 Co-Applicant: McMillin Otay Ranch, LLC, a Delaware Limited Liability Company Business Form of Co-Applicant: ( ) Sale Proprietorship ( ) Partnership ( ) Corporation ( X ) Limited Liability Company Address: 2727 Hoover Avenue, National City, CA 91950 And Co-Applicant: NM Homes Two, Inc., a Delaware Corporation Business Form of Co-Applicant: ( ) Sale Proprietorship ( ) Partnership ( X ) Corporation ( ) Limited Liability Company Address: 2823 McGaw, Irvine, CA 92614 3ptyagmMooney/McMillin/NM Home Co-Applicant City ofChula VistalMooney/McMillin/NM Home January 2000 Page 13 3fJ ~ /5 1. Property - N/A 2. Project Description ("Project"): Prepare environmental documentation for various amendments to the Otay Ranch General Development Plan, as adopted by City of Chula Vista Resolution No. 17298, as follows: The Co-Applicants' proposed amendments focus on major road circulation, village boundaries, and the Village Phasing Plan. The amendments propose the realignment and extension of EatLake Parkway and Hunte Parkway with Rock Mountain Road. Since these major roads define the village boundaries, the Otay Valley parcel village boundaries are proposed to be amended for Villages 6, 7, 11 the Freeway Commercial, and the Eastern Urban Center of Planning Area 12. Amendments are also proposed for the location of several public facilities such as rniddle schools, high schools and community parks. Amendments to the phasing plan proposed to move Village 11 ahead to Phase Two and would allow Villages 6 and 7 to move ahead of other.Phase n- Villages. Hard line preserve boundaries for the Otay Ranch Preserve are also proposed to be established in the amendments for Village 11. 3. Entitlements applied for: General Development Plan Amendments (Maps) (Attached) 4. General Nature of Consulting Services ("Services-General"): Preparation of the environmental documents required for the processing of the Project. S. Detailed Scope of Work ("Detailed Services"): Mooney & Associates shall work closely with the City of Chula Vista staff and attorneys to ensure that the environmental documentation for the Otay Ranch General Development Plan Amendments (the "Amendments") will meet the City's needs. The documentation will comply with the current California Environmental Quality Act (CEQA) of 1970 (public Resources Code Section 21000 et seq.); the current State CEQA Guidelines (California Administration Code Section 15000 et seq.); the Environmental Review Procedures of the City ofChula Vista (Chula Vista Council Resolution 11086); and the regulations, requirements, and procedures of any responsible public agency or any agency with jurisdiction by law. Mooney & Associates shall be responsible for preparing an environmental document for the Amendments which will assemble all available data, provide an independent evaluation of any existing data, originate new studies, and provide an assessment of the probable short- and 10ng- term cumulative impacts of the Project. An assessment of change in impact levels from the certified Program EIR (City ofChula Vista Resolution No. 17298) will be made to determine if any new significant impacts not previously analyzed or more severe impacts than previously identified will result tram the approved General Development Plan plus proposed modifications. 3ptyagmMooney/McMillinINM Home Co-Applicant City ofChula Vista/Mooney/McMillinINM Home January 2000 Page 14 ";)!ì /í¡ ,-.' Mooney & Associates will incorporate the existing extensive environmental database for the previous Otay Ranch approvals wruch will be incorporated by reference into the environmental document where possible to address regional influences, secondary effects, cumulative impacts, project alternatives, and site specific data. If it is determined by the City that no new significant impacts are identified and the level of impact for all issues is equal to or less than that identified in the certified Program EIR, an Addendum (Alternative A) will be prepared. If it is determined by the City that an Addendum is not appropriate, a Supplemental Program EIR (Alternative B) will be prepared by Consultant addressing each of the issues wruch has the potential to more significantly affect the environment or is newly identified as having a potentially significant impact. Other issues, wruch may arise in response to the Notice of Preparation (NOP) or in consultation with City staff, will also be included in the Supplemental Program EIR, if it is determined that a Supplemental Program EIR is required. Task Description -- In providing environmental services for the amendments to the Otay Ranch, the Mooney & Associates team will perform the following tasks: Task 1 - Project Initiation and Scoping. Successful completion of the appropriate environmental documentation will require close coordination between Mooney & Associates and the City of Chula Vista staff. The project management team will attend weekly meetings with City staffto obtain project information and develop the work plan wruch will serve to focus our efforts. The cumulative amendments, including approved and proposed, will be consolidated into a project description, and potential impacts for the overall change identified. A determination will be made as to the use of an Addendum and the requirement, if any, for public review. If a Supplemental Program EIR is required, the initiation process will also involve identification of alternatives to be addressed in the report. Responses to any Notice of Preparation for a Supplemental Program EIR will be reviewed with City staff to detennine wruch issues should be added to the scope of work. Task 2 - In City's sale discretion and upon notification by City, Consultant agrees to perform either AIternative A or B as follows: ALTERNATIVE A - ADDENDUM: Task 2a - Draft Addendum to the Program EIR. Mooney & Associates will prepare in accordance with CEQA and to the satisfaction of the City's Environmental Review Coordinator and submit a total of 45 copies of the Draft Addendum updating the certified Program EIR (Chula Vista Resolution No. ). The Draft Addendum will incorporate the description of all the approved and proposed amendments and the analysis of why these changes will not have any more significant impacts than identified by the findings of significant impacts as certified in the Program EIR. 3ptyagmMooney/McMillin/NM Home Co-Applicant City ofChula Vista/Mooney/McMillin/NM Home January 2000 9f1~ 11 Page 15 Task 2b - Prepare Final Addendum. Subsequent to any public review period, ifrequired, and the Planning Commission hearing, Mooney & Associates will, in conjunction with City staff, formulate responses to all substantive comments and Consultant will prepare 100 copies of the Final Addendum. Task 2c - Meetings and Hearings. Mooney & Associates project management will attend weekly meetings with City staff. In addition, the project manager and other appropriate team members will attend the following public meetings and hearings: . Project initiation and scoping meetings with the City (2) . Progress meetings with the City (26) . Resource Conservation Commission meeting (1) . Planning Commission Hearing (1) . City Council Hearing (1) ALTERNAHVE B- ~PPLEMENTAL ENVIRONMENTAL IMPACT REVIEW (EIR) Task 2d - Prepare Screencheck Supplemental Program EIR. Mooney & Associates will prepare and submit, in accordance with CEQA and to the satisfaction of the City's Environmental Coordinator, a total of 40 copies of the screencheck Supplemental Program EIR with 15 copies of the appendices to the City. The Supplemental Program EIR will comply with all criteria, standards and procedures of the City's Guidelines and the CEQA; analyze all impacts; and evaluate required mitigation measures and feasible alternatives. The Supplemental Program EIR will include a revised Mitigation Monitoring and Reporting Program (MMRP) in compliance with AB 3180, if required. This mitigation monitoring and reporting program will be prepared in tabular format as a separate section ofthe Supplemental Program EIR. Subsequent to review of the screencheck Draft Supplemental Program EIR by City staff, Mooney & Associates will incorporate, as required by the City, a set of revisions to the document. Five copies of the second screencheck Supplemental Program EIR, MMRP, and appendices will be submitted to the City for review. Task 2e - Prepare Draft Supplemental Program EIR. Following approval by the City of the Draft Supplemental Program EIR revisions, Mooney & Associates will provide, to the City, 85 copies of the Draft Supplemental Program EIR with MMRP and 40 copies of the appendices for public review distribution. Twenty-five copies of the Draft Supplemental Program EIR will be provided to the City in white three-ring binders. Appropriate project team members will attend a meeting of the Resource Conservation Commission when it is scheduled to review the Draft Supplemental Program EIR. Team members will also attend a Planning Commission hearing on the Draft Supplemental Program EIR. 3ptyagmMooney/McMillinINM Home Co-Applicant City ofChula Vista/Mooney/McMillinINM Home January 2000 /8 Page 16 31:] Task 2f - Prepare Final Supplemental Program EIR. At the end of the public review period and the receipt of all comments trom the public and reviewing agencies, including the transcript of the Planning Commission hearing, Mooney & Associates will, in conjunction with City staff, formulate responses to all substantive comments in an agreed upon format. Task 2g - Meetings and Hearings. Mooney & Associates project management will attend weekly meetings with City staff. In addition, the project manager and other appropriate team members will attend the following public meetings and hearings: . Project initiation and scoping meeting with the City (2) . Progress meetings with the City (26) . Resource Conservation Commission meetings (2) . Planning Commission hearings on the Draft EIR (2) . Planning Commission hearing on the Final EIR (1) . City Council presentations on the Final EIR (2). - -- Task 2h - Mooney & Associates will prepare a set of revisions in accordance to staffs direction. Mooney & Associates will then prepare 65 copies of the Final Supplemental Program EIR and 15 copies of the appendices for Planning Commission. An additional 35 copies of the Final Supplemental Program EIR will be provided in white three-ring binders. One reproducible master copy of the Final Supplemental Program EIR will be provided to the City, along with one computer disk copy of the Final Supplemental Program EIR and related documents that can be read by Microsoft Windows 98 and/or Corel WordPerfect 8 word processing programs as directed by the City. Task 3 - Transportation! Access/Circulation. Consultant will, by and through its Subconsultant, Linscott, Law & Greenspan Engineers (LLG), prepare a traffic study report, to the satisfaction of the City Engineer that analyzes the traffic and circulation impacts of the proposed Amendments. The study area for the traffic study will be determined by the City Engineer. The traffic study will analyze potential traffic impacts in several five year increments including several buildout scenarios. This report, in its entirety, will be included in the Addendum or Supplemental Program EIR. LLG will begin with a review of the previous traffic studies, provided by the City Engineer, and conduct peak hour counts in the immediate area in order to analyze the existing conditions (base year scenario). The consultant will also attend meetings in order to work with City staff and SANDAG to input proposed land use and network assumptions for each scenario's model run. The consultant will analyze the model runs and identifY and recommend mitigation measures. Task 4 - Mooney & Associates will also prepare CEQA Findings and a Statement of Overriding Considerations, ifthe City determines it is necessary, in the format required by the City. Fifteen copies of the response to comments, along with 15 copies of the screencheck for the Final Supplemental Program EIR, incorporating the strikeout/underline changes to the Draft Supplemental Program EIR, will be submitted to City staff for their review and approval. 3ptyagmMooney/McMillin/NM Home Co-Applicant City ofChula Vista!Mooney/McMillin/NM Home January 2000 3fì,¡t~7 Page 17 6. Schedule, Milestone, Time-Limitations within which to Perform Services. Date for Commencement of Consultant Services: ( X ) Same as Effective Date of Agreement Dates or Time Limits for Delivery of De live rabIes: IF ALTERNATIVE A, ADDENDUM, IS SELECTED: Deliverable No.1: 1st Screencheck for draft Addendum Februæy 15,2CXXJ Deliverable No.2: 2nd Screencheck for draft Addendum March 4, 2000 Deliverable.No.3: - Draft Addendum June 3, 2000 Deliverable No.4: Final Addendum & CEQA Findings & MMRP July 8, 2000 Dates for completion of all Consultant services: August 20, 2000 IF ALTERNATIVE B, SUPPLEMENTAL EIR, IS SELECTED: Deliverable No.1: 1st Screencheck May 15, 2000 Deliverable No.2: Draft Supplemental EIRIStart of Public Review June 4, 2000 Deliverable No.3: Response to Comments SeptmJber 3, 2CXXJ Deliverable No.4: Draft Findings and Overriding Considerations October 8, 2000 Deliverable No.5: Final EIR Nov. 20, 2000 Deliverable No.6: Consideration for Certification of Supplemental EIR by City Council Dec. 20, 2000 7. Documents to be provided by Co-Applicants to Consultant: (X) site plans, (X) grading plans, ( ) architectural elevations, (X) project description, and/or ( ) other: 8. Contract Administrators. 3ptyagmMooney/McMillin/NM Home Co-Applicant City of Chula Vista/Mooney/McMillin/NM Home January 2000 Page 18 :3 II dO City: Marilyn Ponseggi Environmental Review Coordinator Planning & Building Department 276 Fourth Avenue, Chula Vista, CA 91910 Phone No. (619) 691-5104 Co-Applicant: Craig Fukuyama, Vice President Project Management McMillin Otay Ranch, LLC, A Delaware Limited Liability Company 2727 Hoover Avenue, National City, CA 91950 Phone No. (619) 336-3733 Co-Applicant: Jack McDonald, CEO NM Homes Two, Inc., a Delaware Corporation 2823 McGaw, Irvine, CA 29614 -- - Phone No. (949) 660-1700 Consultant: Brian Mooney Mooney & Associates 9903 Businesspark Avenue, San Diego, CA 92131 Phone No. (858) 578-8964 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. ( ) Category No. I. Investments and sources .of income. ( ) Category No.2. Interests in real property. ( ) Category No. 3. Investments, interest in real property and sources of income subject to the regulatory, peITllit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City ofChula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment 3ptyagmMooney/McMillinlNM Home Co-Applicant City of Chula VistalMooney/McMillinINM Home January 2000 Page 19 31) ;;.1 ( ) Category No.6. Investments in business entities and sources of income ofthe type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. 10. Insurance Requirements: (X) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000 (X) Commercial General Liability Insurance: $1,000,000 (Best Rating of A V or better) City of Chula Vista named as additional insured. Business Auto Liability, if not included in Commercial General Liability. ( ) Errors and Omissions insurance: None Required (included in Commercial General LiaJ¥lity coverage) ( ) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage) 3ptyagmMooney/McMillin/NM Home Co-Applicant City ofChula Vista/Mooney/McMillin/NM Home January 2000 Page 20 rp ;)~ .51 Exhibit B Additional Recitals WHEREAS, the Co-Applicants have deposited an initial sum for the necessary work and identifying scope of work for environmental documents as outlined in Exhibit "A" and, WHEREAS, notice of the required environmental services was given to the Association of Environmental Professionals and sent to all Consultants on City's list of qualified environmental consultants, inviting prospective Consultants to submit proposals, letters of interest and/or applications to be on the list of qualified Environmental Consultants, and WHEREAS, the City Manager appointed a selection committee which has, in accordance with Section 2.56.230 of the Chula Vista Municipal Code, recommended the above-noted Consultant to perfonn the required seNÍces for the City, and WHEREAS, the Consulting finn of Mooney and Associates has significant expertise and experience in preparing environmental documents within the San Diego and project area. 3ptyagmMooney/McMillin/NM Home Co-Applicant City of Chula Vista/Mooney/McMillinINM Home January 2000 Page 21 ~fì r, r,; '-' Ç/':;'¡ Exhibit C Compensation Schedule and Deposit: Terms and Conditions. ( ) Single Fixed Fee Arrangement. For performance of all of the General and Detailed Services of Consultant as herein required, Co-Applicants shall pay a single fixed fee in the amounts and at the times or milestones set forth below: ( ) Single Fixed Fee Amount: $ Milestone or Event Amount or Percent Of Fixed Fee - - 1. Signing of this agreement by all parties and upon the request of the contractor. ( ) Phased Fixed Fee Arrangement For the performance of each phase or portion of the General and Detailed Services of Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee Arrangement," Co-Applicants shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement"). Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless Co-Applicants shall have issued a notice to proceed to Consultant as to said Phase. Fee for Phase Said Phase 1. $ 2. $ 3. $ 4. $ 3ptyagmMooney/McMillinINM Home Co-Applicant City of Chula Vista/Mooney/McMillinINM Home January 2000 311.;;4 Page 22 (X ) Time and Materials For perfonnance of the General and Detailed Services of Consultant as herein required, Co- Applicants shall pay Consultant for the productive hours oftime and material spent by Consultant in the perfonnance of said Services, at the rates or amounts set forth hereinbelow according to the following tenns and conditions: ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perfonn all of the General and Detailed Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (X) Limitation without Further Authorization on Time and Materials Arrangement - - At such time as Consultant shall have incurred time and materials, as to Alternative A, Addendum, equal to $85,511 ("Authorization Limit") or as to Alternative B, Supplemental EIR Program, equal to $115,681 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant tram providing additional Services at Consultant's own cost and expense. 3ptyagmMooney/McMillin/NM Home Co-Applicant City of Chula Vista/Mooney/McMillin/NM Home January 2000 Page 23 3A-.;;LS Rate Schedule Table 2. Breakdown of Costs for Otay Ranch GDP Amendments Task Staff Rate Hours Cost Amendments & Addendnm Tasks Initial Meetings (2) Project Director $110 12 $1,320 Project Manager $95 16 1,520 Environmental Analyst $50 8 400 Traffic Consultant $92 8 736 Weekly Meetings (26 weeks) Project Director $11 0 40 4,400 Project Manager $95 80 7,600 Environmental Analyst $50 80 4,000 - -- Prepare GDP EIR Adenddum Summary & Matrix Environmental Analyst $50 12 600 Description of Changes Environmental Analyst $50 12 600 Summary lncmporation by Reference Documents Environmental Analyst $50 12 600 Land Use/Urban Design Project Manager $95 16 1,520 Environmental Analyst $50 24 1,200 Phasing Project Manager $95 4 380 Environmental Analyst $50 16 800 Parks & Open Space Project Manager $80 12 960 Environmental Analyst $50 16 800 Transportation/Access Linscott, Law and Greenspan 14,400 Environmental Analyst $50 16 800 Air Quality Air Quality Specialist $85 20 1,700 Environmental Analyst $50 12 600 Noise Noise Specialist $85 16 1,360 Environmental Analyst $50 8 400 Resource Management Project Manager $95 2 190 3ptyagmMooney/McMillin/NM Home Co-Applicant City of Chula Vista/Mooney/McMillin/NM Home January 2000 Page 24 3 f]- d ~ Task Staff Rate Hours Cost Senior Biologist $70 24 1,680 Principal Archaeologist $95 2 190 Associate Scientist $55 8 440 Environmental Analyst $50 24 1,200 Record Search Fee 325 Community Social Factors Environmental Analyst $50 4 200 Public Services - Schools Environmental Analyst $50 24 1,200 Conversion of Ag. Lands Environmental Analyst $50 8 400 Cumulative Environmental Analyst $50 40 2,000 Review/Editin&. - Project Director $110 8 880 Graphics Graphic Artist $50 12 600 Word Processing Word Processor $40 10 400 Project Coordination Project Director $110 16 1,760 Project Manager $95 80 7,600 Revisions to Screencheck Project Manager $95 20 1,900 Environmental Analyst $50 40 2,000 Findings Project Manager $95 40 3,800 Public Hearings (7) Project Director $110 21 2,310 Project Manager $95 42 3,990 Traffic Subconsultant 3,500 Printing (45 Screencheck Copies and 100 1,500 Final Copies of the Update Addendum) Miscellaneous (phone, travel, fax, xerox, etc.) 750 Project Total for Addendum $85,511 Supplemental GDP EIR Tasks Prepare Notice of Preparation (Nap) Environmental Analyst $50 12 600 Weekly Meetings (additional weeks) Project Director $110 2 220 Project Manager $95 10 950 3ptyagmMooney/McMillin/NM Home Co-Applicant City ofChula Vista/Mooney/McMillin/NM Home January 2000 ?jJ'd? Page 25 '--' Task Staff Rate Hours Cost Environmental Analyst $50 10 500 Prepare Screencheck EIR Executive Summary Environmental Analyst $50 12 600 Introduction Environmental Analyst $50 8 400 Environmental Setting Environmental Analyst $50 12 600 Community Social Factors Environmental Analyst $50 2 100 Public Services/Utilities/Regional Environmental Analyst $50 12 600 Growth Envir°mn.."ntal Anal~ $50 8 400 Cumulative Project Manager $95 8 760 Alternatives Project Manager $95 8 760 Environmental Analyst $50 40 2,000 Other Sections Environmental Analyst $50 16 800 MMRP Environmental Analyst $50 12 600 Review/Editing Project Director $110 12 1,320 Graphics Graphic Artist $50 3 150 Word Processing Word Processor $40 10 400 Project Coordination Project Director $110 16 1,760 Project Manager $95 40 3,800 Response to Comments Project Director $110 6 660 Project Manager $95 16 1,520 Environmental Analyst $50 32 1,600 Prepare Final EIR Project Manager $95 20 1,900 Environmental Analyst $50 32 1,600 Findings Project Director $110 12 1,320 3ptyagmMooney/McMillin/NM Home Co-Applicant City of Chula Vista/Mooney/McMillin/NM Home January 2000 ;;l~ Page 26 3/7 Task Staff Rate Hours Cost Printing (45 Screencheck Copies ElRs, 100 Draft 4,000 Copies ElRs, 100 Final Copies ElRs and 70 Copies Appendices) Miscellaneous (phone, travel, fax, xerox, etc.) 250 Subtotal $30,170 PROJECT TOTAL FOR SUPPLEMENTAL EIR $115,681 ~ - 3ptyagrnMooney/McMillin/NM Home Co-Applicant City of Chula Vista/Mooney/McMillinINM Home January 2000 ..-, ¿1 Page 27 I"/j' -.:' I cT I Materials Separately Paid For by Co-Applicants Cost or Rate (X) Materials Actual Reports Copies (X) Travel Actual (X) Printing Actual (X) Postage Actual (X) Delivery Actual ( X ) Long Distance Telephone Charges Actual ( X ) Other Actual Identifiable Direct Costs Actual ..- .- Deposit (X) Deposit Amount: $115,681 ( X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Co-Applicants to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Co-Applicants agree to hold City hannless and waive any claim against City, City shall pay Consultant's billing trom the amount of the Deposit If Co-Applicants shall protest the propriety of a billing to City in advance of payment, City shall consider Co-Applicants' protest and any evidence submitted prior to the due date for the payment of said bill by Co-Applicants in making its good faith determination of propriety. ( ) Use of Deposit as Security Only; Co-Applicants to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Co-Applicants 30 days after billing, City may, at its option, use the Deposit to pay said billing. (X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X ) Monthly ( ) Quarterly ( ) Other: 3ptyagmMooney/McMillinINM Home Co-Applicant City ofChula Vista!Mooney/McMillinINM Home January 2000 Page 28 31) 3ú B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: To be assigned after agreement is processed. D. Security for PerfoITIlance ( ) PerfoITIlance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: AmQ , Ilt: $ (X) Retention: If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, the following Retention Percentage until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services ( ) Other: A: \3ptyagmMooneyMcM i lIinNM 12-99co-app 1 jcant - V ersion2 .doc 3ptyagmMooney/McMillin/NM Home Co-Applicant City ofChula Vista/Mooney/McMillin/NM Home January 2000 Page 29 3/ì.31 ~ Q... OJ "' ()CI c5 cc) ~cc CC"tJ~U- - ~ a:( )+oJ :J > +oJ .~ 1:1 ..c: ;. < CC a. ( )u 11 - of ~ - ~ :<: +oJ 0 rJ)- "t:> >: i¡¡ ""Ïi ~ B g'¡¡~ ~ < g"!iJ!:s L i ~ 'I b; 0 "tJ 0 0 <= ~..¡ ~..~ ;! ~. ¡!¡~~ ~¡¡ ì!~ ,,&;J ~ . "'y.' ' ~" ~. ~ !5> « a. '" <> ~>m 5 .. ..- ": ",; ¿. ;1¡¡ , ,-~ .I! - 0 >-! ~" ..- .-" o. ,"" .. . i' ~'7¡1 5:5 .....'t:: ,<-< >"', ,~(:J ~U " - c ,. .~..~- 111- ';;¡ r) '-' 7 J r:;:?-- 0 0 ,~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, NM HOMES TWO, INC. (APPLICANT), AND MOONEY & ASSOCIATES (CONSULTANT) FOR CONSULTING SERVICES FOR PREPARATION AND SUBMITTAL OF CEQA REQUIRED ENVIRONMENTAL DOCUMENTATION FOR THE OTAY RANCH VILLAGE 11 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on October 28, 1993 Council approved Resolution 17298 establishing the General Development Plan for Otay Ranch; and WHEREAS, NM Homes Two, Inc. has filed an application for the processing of a Sectional Planning Area (SPA) plan for Village 11; and WHEREAS, the Environmental Review Coordinator has determined that an Environmental Impact Report must be prepared for this project in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, the expertise necessary to prepare the environmental documents requires the hiring of a consultant; and WHEREAS, staff recommends that the City Council waive the formal selection process for the selection of environmental services to materially better serve the City's interest, as defined in Section 2.56.110 of the Municipal Code, citing the following reasons: 1. The project proposed by NH Homes, Two, Inc, is located within Otay Ranch and is similar in nature to a project currently being processed by McMillin Otay Ranch, LLC which is also located within Otay Ranch; and, 2. Recently the environmental consultant selection process was completed for the McMillin project within Otay Ranch; and 3. During that selection process, through the submittal of a written proposal and an oral interview with the selection committee, Mooney and Associates demonstrated competence and qualifications to perform the necessary environmental services; and, 4. Through said selection process Mooney and Associates also demonstrated their ability to perform the services for a reasonable fee. 38- / 5. NM Homes, Two, Inc. reviewed the selection process and based on Mooney and Associates' proposal for the McMillin holdings has requested that the formal selection process be waived for their project and that Mooney and Associates be retained to prepare the environmental documents for their project WHEREAS, Mooney & Associates warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Consultant to City within the time frames, and pursuant to the scope of services herein provided all in accordance with the terms and conditions of the Three-Party Agreement. WHEREAS, NM Homes, Inc. will fund the said agreement through a deposit account with the City of Chula Vista. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the City's formal bidding process and approve an Agreement, a copy of which is on file in the office of the City Clerk, with Mooney & Associates ("Consultant") and NM Homes Two, Inc. ("Applicant") for consulting services for preparation and submittal of CEQA required environmental documentation for Otay Ranch Village 11. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by rfÞJr;f~ <~ð Robert Leiter John M. Kaheny Director of Planning and Building City Attorney H:ISharedIPlanningIMooney-NM Homes 3 Ply RESO.doc 313-!J Three Party Agreement Between City of Chula Vista, Mooney & Associates, Consultant, and NM Homes Two, Inc., a Delaware Corporation, Applicant For Consulting Work to be Rendered with regard to Applicant's Project 1. Parties This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State ofCalifomia, the person designated on the attached Exhibit A as "Consultant" Mooney & Associates whose business form and address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant" NM Homes Two, Inc., a Delaware Corporation whose business form and address is indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals. Warranties. and Representations. 2.1. Warrantv of Ownership. Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or generally located as, described on Exhibit A, Paragraph I, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staff or resources to process the application within the time trame requested for review by the Applicant. 2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 2.6. Additional facts and circumstances regarding the background for this agreement are set forth on Exhibit B; 3ptyagm Mooney/NMHomes /} (- :3 City ofChula VistaiMooney/NM December 1999 .:/:/ Page I 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Emplovrnent of Consultant bv Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perfonn to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perfonn to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall deliver such documents required ("Deliverables") herein, all within the time trames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the tenns and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3ptyagm MooneylNMHomes 38- Lf City ofChula Vista/MooneylNM December 1999 Page 2 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed trom Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.1.1. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.2. Reductions in Scope of Work. City may independently, or upon request from Consultant, ITom time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Pavrnent of Compensation by Applicant. 3.3 .1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as hereinbelow set forth: 3.3.1.1 Other Terms of Deposit Trust. 3.3 .1.1.1. City shall also be entitled to retain tram said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this agreement. 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3ptyagm MooneylNMHomes 38-6 City ofChula VistalMooneylNM December 1999 Page 3 3.3. I .1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting theretrom. 3.3.1.1.4. Applicant shall be notified within 30 days after of the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specifY, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: 4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away tram premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise cany ("Primary Coverage"), and which treats the employees of the City and Applicant in the sarne manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 3ptyagm MooneylNMHomes ~i ¿. ~ ~; City of Chula VistaiMooneylNM December 1999 J' .' Page 4 4.2. Proof of Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence ofthe City and Applicant. 4.4. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. S. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. Property Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnifY, defend, and hold Applicant harmless ITom all loss, cost, damage, expenses, claims, and liabilities in connection with or arising trom any such entry and access. 3ptyagm MooneylNMHomes 3(j~1 City ofChula VistalMooneylNM December 1999 Page 5 5.3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator .who is authorized by said party to represent them in the routine administration of this agreement. 7. Conflicts ofInterest 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 7.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 3ptyagm Mooney/NMHomes 313-8 City of Chula Vista/Mooney/NM December 1999 Page 6 7.5 Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles tram the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other Party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This agreement may be terminated by the CITY for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this agreement because of a default of the Consultant shall not relieve the Consultant tram liability of such default. 9. City's Right to Terminate Payment for Convenience, Documents. 9.1 Notwithstanding any other section or provision of this agreement, the CITY shall have the absolute right at any time to terminate this agreement or any work to be performed pursuant to this agreement. 9.2 In the event of termination of this agreement by the CITY in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums 3ptyagm Mooney/NMHomes .' t' '1 City ofChula VistalMooney/NM December 1999 Page 7 ~< previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures No suit shall be brought arising out of this agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chura Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification 11.1. Consultant to Indemnify City and Applicant re Iniuries. Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and appointed officers and employees and Applicant trom and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Applicant, defend any such suit or action brought against the City, its officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall not be limited by any prior or subsequent declaration by the Consultant. 11.2 Applicant to Indemnify City re Compensation of Consultant. Applicant agrees to defend, indemnifY and hold the City harmless against and tram any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, 3ptyagm MooneylNMHomes City ofChula VistaiMooneylNM December 1 999 3tr /0 Page 8 employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 12. Business Licenses Applicant agrees to obtain a business license from the City and to otherwise comply with Chula Vista Municipal Code, Title S. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.5. Capacity of Parties. Each signatory and party hereby warrants and represents to the other party that it has legal authority and capacity and direction trom its principal to enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 3ptyagm MooneylNMHomes ~8-/I City ofChula VistalMooneylNM December I 999 Page 9 13.6. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chura Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13.8. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 13.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary. 3ptyagm MooneylNMHomes City ofChula VistaIMooneylNM December 1999 3/!;- Jd- Page 10 13.13. No Additional Beneficiaries. Despite the fact that the required performance under this agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit theretrom, and agree that no performance hereunder may be enforced by any person not a party to this agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. (End of Page. Next Page is Signature Page.) 3ptyagm MooneylNMHomes City ofChula Vista/MooneylNM December 1999 36 -/3 Page 11 Signature Page Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista By: Shirley Horton, Mayor Attest: Susan Bigelow City Clerk Approved as to Form: John M. Kaheny City Attorney ~ !Mod~. Applicant: NM Homes Two, Inc., a Delaware Corporation By: L7l ~k:Vl Jack rY.McDonald, CEO Dated: t7 ¡)~- q c1 3ptyagm Mooney/NMHomes It.f City ofChula Vista/Mooney/NM December 1999 /,i Page 12 Exhibit A Reference Date of Agreement: January 10,2000 Effective Date of Agreement: January 4, 2000 City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Mooney & Associates, Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X ) Corporation Address: 9903 Businesspark Avenue, San Diego, CA 92131 Applicant: NM Homes Two, Inc., a Delaware Corporation Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership (X ) Corporation ( ) Limited Liability Company Address: 2823 McGaw, Irvine, CA 92614 1. Property (Commonly known address or General Description): The property consists of one site being planned by NM Homes Two, Inc., known as Village 11. This property is located in the Otay Ranch and is described as follows: a) Village 1 I is comprised of a 479.3-acre site located within the Otay Valley Parcel to the east of Planning Area 12 and the Eastern Urban Center, and to the north of Villages 9 and 10. EastLake Parkway and Olympic Parkway serve as the northern boundary of the project and Salt Creek is to the east. 2. Project Description ("Project"): Establish the scope of work and schedule for completing the tasks to allow the development of the planning area of the Otay Ranch as described in Paragraph 1 above in accordance with the Otay Ranch General Development Plan (GDP) of the City ofChula Vista as follows. a) The Village 1 I project includes amendment of the Otay Ranch General Development PlaniChula Vista General Plan, preparation and adoption of all SPA level documents required to implement the Otay Ranch GDP for the Village 11 SPA, and subsequent actions 3ptyagm Mooney/NMHomes 3 I!r 15 City ofChula Vista/Mooney/NM December 1999 Page 13 including subdivision mapping and issuance of permits for development. Village 11 is an Urban Village planned for transit-oriented development with higher densities and mixed uses in the Village Core. The proposed SPA provides for 1,377 single family residential units, 1,013 multi-family units, a neighborhood park, town square and three pedestrian parks totaling 13 acres, an elementary school and junior high school totaling 35 acres, 57.1 acres of open space, and 60.1 acres of streets. 3. Entitlements applied for: See attached map. 4. General Nature of Consulting Services ("Services-General"): Preparation of the environmental documents for this project. 5. Detailed Scope of Work ("Detailed Services"): Mooney & Associates shall work closely with the City of Chura Vista staff and shall ensure that the Otay Ranch Subsequent Environmental Impact Report (SEIR) will meet the City's needs. The SEIR must comply with the current California Environmental Quality Act of 1970 (Public Resources Code Section 21000 et seq.); the current State CEQA Guidelines (California Administration Code Section 15000 et seq.); the Environmental Review Procedures ofthe City of Chula Vista (Chula Vista Council Resolution 11086); and the regulations, requirements, and procedures of any responsible public agency or any agency with jurisdiction by law. Mooney & Associates shall be responsible for preparing an environmental document for this Village 11 in Otay Ranch, which will assemble all available data, provide an independent evaluation of any existing data, originate new studies, and provide an assessment of the probable short- and long-term cumulative impacts of the project. Potential impacts will be addressed on a "plan to plan" and "plan to ground" basis. In addition, the documents will provide an evaluation of all feasible mitigation measures and analyze all feasible alternatives. If there are mitigation measures or alternatives, which could reduce project impacts but which are infeasible, these will be reported, in writing, to City staff for use in the CEQA Findings. The document will also identifY which feasible mitigation measures or alternatives are proposed or incorporated into the project and which are not. Mooney & Associates will incorporate the existing extensive environmental database for the previous Otay Ranch approvals into the current SEIR, by reference where possible, to address reginal influences, secondary effects, cumulative impacts, project alternatives, and iste specific data. Each of the issues identified in the Request for Proposal (RFP), which have the potential to significantly affect the environment, will be addressed in the Subsequent EIR. Other issues, which may arise in response to the Notice of Preparation (NOP) or in consultation with City staff, will also be included by Mooney & Associates in the SEIR. Analysis of each issue will begin with a review of previous documents to ascertain baseline information and determine 3ptyagm MooneylNMHomes City ofChula VistaiMooneylNM December 1999 5 ¡¿. .. I f¡: Page 14 where additional or updated information is required. While all potentially significant issues will be addressed, the SEIR will focus on issues most directly affected by the proposed project. Task Description In providing environmental services for the Otay Ranch SEIR, the Mooney & Associates team will perfonn the following tasks: Task 1 - Proiect Initiation and Scoping. Successful completion of the draft Subsequent EIR by Mooney & Associates will require close coordination with the City of Chula Vista staff. The Mooney & Associates project management team will attend initial meetins with City staff to obtain project information and develop the work plan which will serve to focus Mooney & Associates' efforts for the SEIR. The initiation process will also involve identification of alternatives to be addressed in the report. Responses to the Notice of Preparation of the SEIR will be reviewed with the Environmental Review Coordinator or their designee to detennine issues to be included in the SEIR. Task 2 - Prepare Screencheck Draft Subsequent EIR. Mooney & Associates will prepare and submit a total of 40 copies of the screencheck SEIR with 15 copies of the appendices to the City. The SEIR will comply with all criteria, standards and procedures of the City's Guidelines and the CEQA guidelines; analyze all impacts; and evaluate all mitigation measures and alternatives. The SEIR will include a mitigation monitoring and reporting program in compliance with AB 3180. This mitigation monitoring and reporting program will be prepared in tabular format as a separate section of the SEIR. Subsequent to review of the first screencheck Draft SEIR by City staff, Mooney & Associates will incorporate a set of revisions to the document. After the revisions are incorporated, five copies of the second screencheck SEIR, Mitigation Monitoring and Reporting Program (MMRP), and appendices will be submitted to the City staff for review. Task 3 - Prepare Draft Subsequent EIR. Following approval of the Draft SEIR revisions, Mooney & Associates will provide to the City 85 copies of the Draft SEIR with MMRP and 40 copies of the appendices for public review distribution. Twenty-five copies of the Draft SEIR will be provided in a white three-ring binder. Mooney & Associates' project team members shall attend, with City staff, a meeting of the Resource Conservaiton Commission when it is scheduled to review the Draft Subsequent EIR. Team members shall also attend a Planning Commission hearing when it is scheduled on the Draft Subsequent EIR. Task 4 - Prepare Final SEIR. Subsequent to the end of the public review period and the receipt of all comments ITom the public and reviewing agencies, including the transcript of the Planning Commission hearing, Mooney & Associates will, in conjunction with City staff, formulate responses to all substantive comments in an agreed upon fonnat. 3ptyagm MooneylNMHomes City ofChula VistalMooneylNM December 1999 91¿ . F / Page 15 Following the public review period, Mooney & Associates shall prepare the draft CEQA Findings and a Statement of Overriding Considerations, if required by the City, in the format required by the City. In addition, 15 copies of the Final SEIR, including response to comments and incorporating the strikeout/underline changes to the Draft SEIR, will be submitted to City staff for their review. Mooney & Associates shall prepare a set of revisions in accordance with staff review. Mooney & Associates will then prepare 65 copies of the Final SEIR and 15 copies of the appendices for Planning Commission. An additional 35 copies of the Final SEIR will be provided in a white three-ring binder. One reproducible master copy of the Final SEIR will be provided to the City, along with one computer disk copy of the SEIR and related documents that can be read by Microsoft Windows 98 and/or Corel WorkPerfect 8 word processing programs. Task 5 - Meetings and Hearings. Mooney & Associates' Senior Principal, Project Manager, and Project Planner will attend meetings with City staff, in conjunction with CEQA documentation for the General Development Plan (GDP) amendment process. In addition, the Mooney & Associates' Project Manager and other appropriate team members will attend the following public meetings and hearings: . Two project initiation and scooping meetings with City staff. . Mooney & Associates will attend meetings and hearings, which are separate tram th concurrently processing GDP amendments, on a time-and- materials basis only. Task 6 - Technical Studies. . Transportation! Access/Circulation. Linscot, Law, and Greenspan (LLG), a Mooney & Associates' subcontractor, will prepare a traffic study report to analyze the traffic and circulation impacts of the proposed SPAs. This report, in its entirety, will be included in the technical appendices of the SEIR. LLG will begin with a review of the previous traffic studies. The focus of the traffic analysis will be on updating the reports in terms of recent traffic data and cumulative project approvals. Then the distribution of land uses proposed by this amendment will be analyzed in the context of the updated traffic information. Traffic impacts will be identified and mitigation measures recommended. Circulation will also be addressed. . Air Qualitv. To assess localized effects or "hot spots," Hans Giroux, Air Quality Expert (a Mooney & Associates employee), will review the traffic report to determine whether there are any impacts relating to intersection utilization or level of service. If warranted, he will calculate worst-case carbon monoxide concentrations at any intersection forecast to operate at a LOS E or LOS Fusing Caltrans' CALINE4line dispersion model and the results of the traffic study to determine whether there would be a violation of carbon monoxide standards. If necessary, additional mitigation measures for air quality impacts will be identified for the project. The air quality 3ptyagm MooneylNMHomes City ofChula Vista/MooneylNM December 1999 36-1'6 Page 16 analysis will be structured into the standardized format required by the City of Chula Vista for any Air Quality Improvement Plan (AQIP) submittals. . Noise. Factors to be specifically addressed in the noise analysis include compatibility of residential use and potential increased noise trom vehicular traffic. A noise study is to be prepared by the applicant for this project. This report will be reviewed by Hans Giroux for accuracy and completeness in identifYing impacts and mitigation measures. Existing noise levels in the project area will be determined on the basis of previous noise analyses and calculated noise levels. Major noise sources in the project area will be identified. Sensitive receptors, both existing and planned, will also be identified. The impact analysis section will include modeling of future, project, and cumulative motor vehicle noise on planned and newly proposed collectors and major thoroughfares serving the project site. The Caltrans SOUND32 traffic noise computer model, a California specific version of the FHW A-approved ST AMlNA2 noise model, and traffic volumes derived from the traffic analysis will be used. 6. Schedule, Milestone, Time-Limitations within which to Perform Services. Date for Commencement of Consultant Services: ( X ) Same as Effective Date of Agreement Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Screencheck for draft SEIR February 15,2000 Deliverable No.2: Draft ErR March 4, 2000 Deliverable No.3: Final ErR June 3, 2000 Dates for completion of all Consultant services: August 20, 2000 7. Documents to be provided by Applicant to Consultant: (X ) site plans (X) grading plans ( ) architectural elevations (X ) project description, and/or ( ) other: 8. Contract Administrators. City: Marilyn Ponseggi Environmental Review Coordinator Planning & Building Department 276 Fourth Avenue, Chula Vista, CA 91910 Phone No. (619) 691-5104 3ptyagm MooneylNMHomes City ofChula VistalMooneylNM December 1999 -") //' / '7 Page 17 :.' L,. - Applicant: Jack L. MacDonald NM Homes Two, Inc., a Delaware Corporation 2823 McGaw, Irvine, CA 92614 Phone No. (949) 660-1700 Consultant: Brian Mooney Mooney & Associates 9903 Businesspark Avenue, San Diego, CA 92131 Phone No. (619) 578-8964 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. ( ) Category No.1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City ofChula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. 10. Insurance Requirements: (X) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000 (X) Commercial General Liability Insurance: $1,000,000 (Best Rating of A V or better) City of Chula Vista named as additional insured. Business Auto Liability, if not included in Commercial General Liability. 3ptyagrn MooneylNMHomes City ofChula VistaiMooneylNM December 1999 313- 0 Page 18 ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) ( ) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage) 3ptyagm MooneylNMHomes City ofChula Vista/MooneylNM December 1999 ,;./ Page 19 Exhibit B Additional Recitals WHEREAS, the Applicant has deposited an initial sum for the necessary work and identifYing scope of work for environmental documents as outlined in Exhibit "A" and, WHEREAS, public notice of the required environmental services was given to the Association of Environmental Professionals and in a paper of general circulation, inviting prospective Consultants to submit proposals, letters of interest and/or applications to be on the list of qualified Environmental Consultants, and WHEREAS, the City Manager appointed a selection committee which has, in accordance with Section 2.56.230 of the Chura Vista Municipal Code, recommended the above-noted Consultant to perform the required services for the City, and WHEREAS, the Consulting firm of Mooney and Associates has significant expertise and experience in preparing environmental documents within the San Diego and project area, and 3ptyagm Mooney/NMHomes City ofChula Vista/Mooney/NM December 1999 ") ,,) - . /;< Page 20 J t:; (.' ~ Exhibit C Compensation Schedule and Deposit: Terms and Conditions. ( ) Single Fixed Fee Arrangement. For performance of all of the General and Detailed Services of Consultant as herein required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below: ( ) Single Fixed Fee Amount: $ Milestone or Event Amount or Percent Of Fixed Fee 1. Signing of this agreement by all parties and upon the request of the contractor. ( ) Phased Fixed Fee Arrangement For the performance of each phase or portion of the General and Detailed Services of Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee Arrangement," Applicant shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement"). Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to said Phase. Fee for Phase Said Phase 1. $ 2. $ 3. $ 4. $ 3ptyagm MooneylNMHomes City ofChula VistalMooneylNM December I 999 ::1/,) - ",;) Page 21 --' .',-' c./':"; (X ) Time and Materials For performance of the General and Detailed Services of Consultant as herein required, Applicant shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of said Services, at the rates or amounts set forth hereinbelow according to the following terms and conditions: ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $63,820 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. 3ptyagm Mooney/NMHomes City ofChula VistaJMooney/NM December 1999 "'I' ~J"¡ Page 22 J~ Rate Schedule Breakdown of Costs for Otay Ranch New Millennium SEIR Task Staff Rate Hours Cost Prepare Screencheck EIR Summary Environmental Analyst $50 ]2 600 Introduction Environmental Analyst $50 8 400 Project Description Project Manager $95 8 760 Environmental Setting Environmental Analyst $50 12 600 Land UselUrban Design Project Manager $95 2 ]90 Environmental Analyst $50 8 400 LandformNisual Quality Senior Planner $80 6 480 Environmental Analyst $50 6 300 Biology Senior Scientist $70 8 560 Environmental Analyst $50 8 400 ArchaeologylHistory Principal $95 2 190 Associate Scientist $55 8 440 Environmental Analyst $50 8 400 Paleontology Environmental Analyst $50 8 400 Geology/Soils/Mineral Resources Project Geologist $]45 4 580 Project Manager $95 4 380 Environmental Analyst $50 12 600 Hydrology/Water Quality Project Geologist $145 6 870 Project Manager $95 4 380 Environmental Analyst $50 12 600 Conversion of Ag. Lands Environmental Analyst $50 8 400 Transportation/Access Linscott, Law and Greenspan 12,000 Environmental Analyst $50 8 400 Air Quality Air Quality Specialist $85 8 680 Environmental Analyst $50 4 200 3ptyagm MooneylNMHomes City ofChula VistaIMooneylNM December 1999 :3 ¡j .- ".'. ì6 Page 23 , '." Noise Noise Specialist $85 12 1,020 Environmental Analyst $50 4 200 Community Social Factors Environmental Analyst $50 6 300 Public ServiceslUtilitieslRegional Environmental Analyst $50 12 600 Growth Environmental Analyst $50 6 300 Cumulative Environmental Analyst $50 8 400 Altematives Project Manager $95 20 1,900 Environmental Analyst $50 40 2,000 Other Sections Environmental Analyst $50 16 800 MMRP Environmental Analyst $50 12 600 Review/Editing Project Director $110 20 2,200 Graphics Graphic Artist $50 15 750 Word Processing Word Processor $40 20 800 Project Coordination Project Director $110 24 2,640 Project Manager $95 40 3,800 Revisions to Screencheck Project Manager $95 20 1,900 Environmental Analyst $50 40 2,000 Response to Comments Project Director $110 6 660 Project Manager $95 16 1,520 Environmental Analyst $50 32 1,600 Prepare Final ErR Project Manager $95 20 1,900 Environmental Analyst $50 32 1,600 Findings Project Director $110 12 1,320 Project Manager $95 40 3,800 Printing (45 Screencheck EIRs, 100 Draft EIRs, 5,500 100 Final EIRs and 70 appendices) Miscellaneous (phone, travel, fax, Xerox, etc.) 500 Project Total $63,820 Note: Meetings with the City and Public Hearings in addition to those held concurrent with the GDP Update Addendum process will be charged on a time and material basis. 3ptyagm MooneylNMHomes City ofChula VistalMooneylNM December 1999 ,,) I:" (./ Page 24 -..;' -~ Materials Separately Paid For by Applicant Cost or Rate (X) Materials Actual Reports Copies (X) Travel Actual (X) Printing Actual (X) Postage Actual ( X ) Delivery Actual (X) Long Distance Telephone Charges Actual ( X ) Other Actual Identifiable Direct Costs Actual Deposit ( X ) Deposit Amount: $63,820 (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. ( ) Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit to pay said billing. (X ) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X ) Monthly ( ) Quarterly ( ) Other: 3ptyagm MooneylNMHomes City of Chula Vista/MooneylNM December 1999 :3t>;) 7 Page 25 B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 01090-593 D. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) Retention: If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, the following Retention Percentage until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services ( ) Other: 3ptyagm MooneylNMHomes City ofChula VistalMooneylNM December 1999 Stj- ¿ Page 26 LMV - 4.5 @ 644 DU MH -14.5 332 DU BIRCH ROA.D t"\ ~ ..... r" ~ ~ ~ '7 ..,:; -r, ~ ~ (NEW MILLE~N"IDM - VILLAGE IV . N ~ --.;..11., May 11,1999 Not to Scale Proposed General Development Plan Amendment Exhibit C . 3er ;). CJ COUNCIL AGENDA STATEMENT Item~ Meeting Date 1/11/00 ITEM TITLE: Resolution Approving a grant of easements and maintenance agreement between McMillin Otay Ranch LLC and the City of Chula Vista for the maintenance of public landscaping within a portion of McMillin Otay Ranch SPA One and authorizing the Mayor to execute said agreement SUBMITTED BY: Director of Public wor~ REVIEWED BY: City Manager ~j¡fr (4/Sths Vote: Yes_NoX) Under this item Council will consider the approval of an agreement with McMillin setting forth the obligations ofthe developer (and future Homeowners Association) for maintaining certain public landscaping improvements within McMillin Otay Ranch SPA One, Subdivision Map Nos. 13605, 13681, 13710, 13680, 13706, and 13705. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council approve the Resolution approving the grant of easements and maintenance agreement with McMillin Otay Ranch LLC and authorizing the Mayor to execute said agreement. DISCUSSION: In compliance with tentative map conditions of approval, the developer has formed the Lomas Verdes Master Association (MHOA) to maintain common area landscaping within the project. McMillin has requested the City allow the MHOA to be responsible for maintaining certain public landscaping improvements. Initially, the developer will construct and maintain the landscaping until it is established. After the landscaping has been established, McMillin would transfer its obligations under the proposed agreement to the MHOA, which in turn may transfer said obligations to a sub-association or apartment project's owner (Transferee). The key points of the proposed agreement (which is attached to the resolution) are the following: I. The City grants easements for landscape maintenance purposes over those public areas to be maintained by the MHOA 2. McMillin and the Homeowners Association are required to maintain the following (see Attachment A): a. the emergency access lot at the westerly extension of Montana Road; the pedestrian access lot connecting Thistlewood Avenue to Santa Cora Avenue; b. the landscaping within Santa Cora Avenue, north of East Palomar Road, c. landscaping within parkways of all open cul-de-sacs and other parkways adj acent to HOA maintained lots. d. All connector trail improvements located within HOA maintained open space lots fronting Telegraph Canyon Road, La Media Road, and Santa Cora Avenue. 4-1 Page 2, Item--,- Meeting Date ill..L1..lLllil 3. The agreement requires the MHOA to repair, at MHOA cost, any City's facility (i.e., sidewalk, trees, driveways) damaged by the MHOA maintenance operations. 4. The agreement contains provisions governing the transfer of the MHOA maintenance obligations, insurance requirements, and indemnity provisions to a Transferee. The agreement provides for the developer to be released tram all landscaping maintenance for the project once transfer to the MHOA occurs. Future agreements will cover the remaining areas of the McMillin Otay Ranch project. Staff believes that the proposed agreement will guarantee the maintenance of the aforementioned public improvements and recommends Council approval. The City Attorney has reviewed and approved the proposed agreement as to form. FISCAL IMP ACT: None to the City. The developer is paying for the cost of City staff involved in processing the agreement. Attachments: Attachment I MHOA maintained public areas 0600-80-0R226F 12/21/992:27 PM H:\HOME\ENGlNEERIAGENDAIJANIIHOArnaintenance.doc (W) +~ O¡¡; ¡:: .9 u Q) "0 c: Á ~ § 'Y' ~ ¡ rJ rJ Q) u -'=<& ~ (J y,,- c::: "0 ~ns ....~ ~ c:::~ Q) ns E.... -,=0 (J c::: ns.- ..... - <ê~ (J :æ: .~ RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT BETWEEN McMILLIN OTAY RANCH LLC AND THE CITY FOR THE MAINTENANCE OF PUBLIC LANDSCAPING WITHIN A PORTION OF McMILLIN OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, in compliance with tentative map conditions of approval, the developer has formed the Lomas Verdes Master Association (MHOA) to maintain common area landscaping within the project; and WHEREAS, McMillin has requested the City allow the MHOA to be responsible for maintaining certain public landscaping improvements; and WHEREAS, initially, the developer will construct and maintain the landscaping until it is established and after the landscaping has been established, McMillin would transfer its obligations under the proposed agreement to the MHOA, which in turn may transfer said obligations to a sub-association or apartment proj ect' s owner (Transferee). NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve a grant of easements and maintenance agreement between McMillin Otay Ranch LLC and the City for maintenance of public landscaping within a portion of McMillin Otay Ranch SPA One, a copy of which shall be kept on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized to execute said agreement on behalf of the City of Chula vista. Presented by Approved as to form by ~~ John P. Lippitt, Director of Joh. Kaheny, city Attorney Public Works H, \home \attorney\re'O\MHOa. MeM 4-4 " 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/or less than alee interest/or which no cash consideration has been paid or received (ABOYE SPACE FOR RECORDER'S USE) GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT Maps 13605, 13681, 13680, 13710, 13706 and 13705 (DEDICATED EASEMENTS) This GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT ("Agreement") is made as of this _day of , by and between the CITY OF CHULA VISTA, a municipal corporation ("City"), and McMILLIN OT A Y RANCH LLC, a Delaware limited liability company ("LLC"). RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto and incorporated herein ("Property"). The Property is part of a planned residential development project commonly known as "McMillin Lomas Verdes". For purposes of this Agreement, the term "Project" shall refer to the overall McMillin Lomas Verdes project, including, but not limited to the "Property". An agreement, in similar form as this Agreement was previously entered into for other portions of McMillin Lomas Verdes. B. LLC is the Declarant under that certain Amended and Restated Master Declaration of Restrictions For McMillin Lomas Verdes Master Association filed for record on December 23, 1998 as DocumentNo. 1998-0844432, Official Records of San Diego County, California (the "Master Declaration"). LLC has caused the formation of McMillin Lomas Verdes Master Association, a nonprofit mutual benefit corporation (the "MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA") for a particular project(s) within McMillin Lomas Verdes, the purposes of which would include the maintenance of certain amenities within the project over which the SHOA has jurisdiction. C. The Property is covered by those certain final maps (the "Final Maps") described on Exhibit "A" attached hereto and referenced in the title to this Agreement. D. In order for 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 LLC entered into Supplemental Subdivision Improvement Agreements, pursuant to City Council resolutions, in which LLC agreed that maintenance of such areas shall be accomplished by the creation of a home owners association T:IAJHIMCMILLlNIOT A YlDREIPrkwyslPrkwyEasMap 13605-21 Dec99. wpd 12/21199 -1- 4-5 ------------_..~------------~---~_._- and the establishment of a Community Facilities District. Parcels "C", "D", "E", "F" and "G" described on Exhibit "A" attached hereto describe those particular easements and rights-of-way which were dedicated to the public on the Final Maps but which include landscaping improvements to be maintained by the MHOA. The public easements to be maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas". E. The City desires to grant to LLC easements for landscape maintenance purposes upon, over and across the MHOA Maintained Public Areas consisting of parkways adjoining Santa Cora A venue, described as Parcel "c" on Exhibit "A", as well as areas described as Parcels "D", "E", "F" and "G" on Exhibit "A", in order to facilitate the obligations ofLLC as set forth in Supplemental Subdivision Improvement Agreements, adopted pursuant to City resolutions. F. The City also will allow LLC to cross appropriate portions of that certain open space areas ("Open Space Areas") described as Parcels "A", "Ð" and "C" on Exhibit "A" attached hereto for purposes of access to slopes and other areas within the Project which will initially be maintained by LLC and eventually maintained by the MHOA. 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 LLC and its agents, successors and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public Areas, forthe purpose of maintaining, repairing and replacing the landscaping improvements located thereon. The City also hereby grants to LLC and its agents, successors and assigns, a non-exclusive access easement across the Open Space Areas for the purpose of obtaining access to maintain those slopes and other areas within the Project which will become part ofthe area maintained by the MHOA. This grant is made without any warranties of any kind, express or implied, other than the warranty stated in Section 13 (f) below. 2. Maintenance Obli!!ations. (a) LLC to Initially Maintain. LLC hereby covenants and agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired or replaced, the MHOA Maintained Public Areas, including all landscape improvements located thereon, at a level equal to or better than the level of maintenance set forth in the Project's Landscape and Irrigation Plan ("Landscape Plan"), as approved by the City. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean the maintenance, repair and replacement obligations described herein and on Exhibit "B" hereto. Exhibit "B" also refers to the maintenance responsibilities of certain other parties. (b) Transfer to MHOA. Upon LLC's transfer of Maintenance obligations to the MHOA, LLC (i) the MHOA shall become obligated to perform the obligations so transferred and (ii) subject to the City determining that the requirements of Section 3 below have been satisfied, LLC shall be released from such obligation. (c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance obligations to a 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 T:IAJH\MCMlLL1N\OT A Y\DR£IPrkwysIPrkwyEasMap 13605-2IDec99. wpd 12/21199 -2- tf~t; perform the obligations so transferred, (ii) MHOA shall retain the right to perform the Maintenance should the transferee fail to do so and (iii) the MHOA shall be released from the obligations so transferred subjectto the City determining that the requirements of Section 4 below have been satisfied. Although it is possible that Maintenance obligations might be transferred to an apartment owner, LLC does not believe it is likely that Maintenance obligations will be transferred to an apartment owner. 3. Assi!!nment by LLC and Release of LLC. (a) Assignment. Upon 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 by its own forces or by contractors. Such transfer will release LLC from its obligations only if all of the following occur: (i) MHOA Accents Obli!!ation. The MHOA has unconditionally accepted and assumed all ofLLC's obligations under this Agreement in writing, such assignment provides thatthe burden ofthis Agreement remains a covenant running with the land, and the assignee expressly assumes the obligations ofLLC 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 Attomey. The City shall not unreasonably withhold its consent to such assignment. (ii) MHOA's Master Declaration. The City has reviewed and approved the MHOA's recorded Master Declaration to confirm that said document contains appropriate maintenance, indemnity and insurance provisions. The City hereby acknowledges that it has so approved the Amended and Restated Master Declaration of Restrictions For McMillin Lomas Verdes Master Association filed for record on December 23, 1998 as Document No. 1998-0844432, Official Records of San Diego County, California. This condition (ii) will apply to any further amendments which require City consent pursuant to provisions of the Master Declaration or which would be contrary to the terms of this Agreement. (iii) MHOA Insurance. The MHOA procures and formally resolves to maintain at its sole cost and expense, commencing upon the City's release of all of LLC's landscape maintenance bonds, a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than One Million Dollars ($1 ,000,000) combined single limit. The insurer issuing such insurance shall have a rating of "A, Class VII" or better with no modified occurrences and as admitted by Best's Insurance Guide. Said insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The MHOA shall provide the City with a Certificate ofInsurance upon acceptance of the transfer of the Maintenance obligations herein. (b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, LLC shall be released from its obligations under this Agreement, including its security and insurance requirements. 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, LLC shall give notice to the City ofLLC's intentto transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 3(a). T:IAJHIMCMILLlNIOTA YIDREIPrkwyslPrkwyEasMap 13605-21 Dec99. wpd 12/21199 -3- Lf-7 4. Assil!nment bv MHOA and Release ofMHOA. (a) Assignment. Upon MHOA's transferofthe Maintenance obligations to a Transferee, it is intended by the parties that the Transferee shall perform the Maintenance obligations either by its own forces or by contractors. Such transfer will release the MHOA from its obligations only if all of the following occur: (i) Transferee Accents Oblil!ation. The Transferee has unconditionally accepted and assumed all ofthe 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 MHOA under this Agreement. ¡fthe Transferee is an SHOA, the assignment shall also have been approved by the appropriate governing body of the SHOA by resolution or similar procedural method and approved as to form and content by the City Attorney. The City shall not unreasonably withhold its consent to such assignment. (ii) SHOA's Declaration of Restrictions. 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, indemnity and insurance provisions. (iii) SHOA Insurance. The Transferee procures and formally resolves to Maintain at its sole cost and expense, a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than One Million Dollars ($1,000,000) combined single limit. The insurer issuing such insurance shall have a rating of "A, Class VII" or better with no modified occurrences and as admitted by Best's Insurance Guide. Said insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The SHOA shall provide the City with a Certificate ofInsurance 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 MHOA's intent to transfer its Maintenance obligations herein and provide the City with the appropriate documents listed in Paragraph 4(a). S. Insurance. Section 5.1 (a) of the Master Declaration requires that the MHOA procure and maintain certain insurance. That Section reads as follows: (a) General Liability Insurauce. 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. 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; T:\AJHIMCMlLLlNIOT A YlDREIPrkwyslPrkwyEasMap 13605-21 Dec99.wpd 12/21199 -4- ~- ~ (ii) The policy shall not contain across-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 5.1 (a) may not be amended without the written consent of the City Planning Director or City Attorney. Until such time as the MHOA has obtained such insurance, LLC hereby agrees to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than One Million Dollars ($1,000,000) combined single limit, at its sale cost and expense. 6. Indemnitv. LLC hereby indemnifies the City as stated in Section 6.3 of the Master Declaration which reads as follows: Indemnitv The Declarant and Master Association, respectively shall indemnifY and hold the City, its officers, agents and employees, harmless from any liability, cost or expense, including reasonably incurred attorneys' fees, which result from the Declarant's or the Master Association's respective failure to comply with the requirements of the Section above entitled "Continuing Obligation To Maintain Certain Public Areas". Neither the Declarant nor the Master Association shall have any liability under this Section by reason of (i) the other party's failure to maintain or (ii) any Transferee's failure to maintain. It is specifically intended that the City shall have the right to enforce this Section. This Section may not be amended without the written consent of the City Planning Director or City Attorney. 7. Indemnitv If Transferee. The document whereby the MHOA transfers a Maintenance obligation to a SHOA or apartment owner shall be signed by both the MHOA and the Transferee and shall set forth an express assumption of Maintenance and other obligations hereunder and shall include the following indemnification provision: Indemnitv The [Transferee's name) shall indemnifY and hold the City, its officers, agents and employees, hanDless from any liability, cost or expense, including reasonably incurred attorneys' fees, 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 be amended without the written consent of the City Planning Director or City Attorney. T:IAJHIMCMILLINIOT A YlORElPrkwyslPrkwyEasMap 13605-21 Oec99. wpd 12/21/99 -5- y-G¡ 8. Al!reement Applicable to Subsequent Owners. (a) Agreement Binding Upon any Successive Parties. This Agreement shall be binding upon 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 ofthe parties as to any or all ofthe Property. (b) Agreement Runs With the Laud. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties, public or private, in whose favor and for whose benefit such covenants running with the land have been provided, without regard to whether the City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. 9. Governinl! Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 10. Effective Date. The terms and conditions of this Agreement shall be effective as of the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office. 11. Counterparts. This Agreement may be executed in any number of counterparts, each ofwhich shall be original and all of which shall constitute one and the same document. 12. Recordinl!. The parties shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been approved by the City Council. 13. MiscelIaneous Provisions. (a) Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States 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. T:IAJH\MCMlLLINIOT A YIDREIPrkwyslPrkwyEasMap 13605-21 00c99. wpd 12/21/99 -6- If-ro ------- "U_-" " "-_....~--"---------- If To City: CITY OF CHULA VISTA Department of Public WorkslEngineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer If To LLC: McMillin Otay Ranch LLC Development Engineering The McMillin Companies 2727 Hoover Avenue National City, Califomia 91950 Attn: Mr. Robert A. Pletcher (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. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. (e) Compliance With Laws. In the performance of its obligations under this Agreement, LLC, its agents and employees, shall comply with any and all applicable federal, state and local rules, regulations, ordinances, policies, permits and approvals. (t) Anthority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. (g) Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records ofthe San Diego County Recorder's Office. (h) Severahility. If any term, covenant or condition of this Agreement or the application thereofto any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder ofthis Agreement, or the application of such term, covenant or condition to person or circumstance, T:\AJH\MCMlLLlN\OT A Y\DRE\Prkwys\PrkwyEasMap 13605-2lDec99.wpd 12/21199 -7- '-/-(( 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 ITom the factthat a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first set forth above. CITY OF CHULA VISTA, a municipal corporation McMILLIN OT A Y RANCH, LLC, a Delaware limited liability company BY: McMILLIN COMPANIES, LLC, By: a Delaware ited liability company Mayor Its: M r By Attest: Title B~ Title Beverly Authelet, City Clerk APPROVED AS TO FORM: HECHT, SOLBERG, ROBINSON & GOLDBERG LLP (ì r'fl '~ y;4 ., . U. \ . q .-" t- ::-c// . By: Cî°1Jr7i. CIYV\ < ~ By. V ./ U , City Attomey A ' ~\o,\"'¡ l-lE:ci-l í Attorney for McMillin Otay Ranch, LLC T:\AJH\MCMlLLlN\OT A Y\DRE\Prkwys\PrkwyEasMap 13605-21 Dec99. wpd 12/21/99 -8- 4-/2- STATE OF CALIFORNIA ) ) 55. COUNTY OF SAN DIEGO ) , before me, QaIJJY\ fJ. mend-o-z;-., Notary Public, personally appeared- "A. í. Fu k.ù ..~ , personal known to m (,.,r prnvP.d to me on thç basis ,.,f catiafaet,,"Y tA<ideßee.) to be the person(s) whose name(s).j¡¡{are subscribed to the within instrument and acknowledged to me thatàMhe/they executed the same in ~their authorized capacity(ies), and that by ~/their signature(s) on tbe 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: COMM.# 1125049 ¡¡¡ (J) NOTAAY PUBLIOCAUFORNIA :¡: Signature lla~ tß ftUr Z SAN OIEoo. CA ~ ~ ':..~::~-J (Seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On , before me, , Notary Public, personally appeared - , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person( s) acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) T:\AJHIMCMlLLlNlOT A YlDREIPrkwyslPrkwyEasMap 13605-21 Oec99. wpd 12/21/99 -9- 4-13 Exhibit A Exhibit "A" consists of ten pages which show and describe the MHOA Maintained Public Areas and "right to pass over" parcels. The plats only show the location of parcels A, B, C, D, and E. Please refer to Maps Nos. 13065, 13681, 13680, 13706 and 13705 for actual locations of Parcels "F" and "G". H:\HOME\ENGINEER\LANDDEV\OT A YRNCH\MHOAmatrix.doc Lf - !t/ ..--...-- 33134 N 4 13 ~ SECT/ON 10 I I I FRACTIONAL I SECTION 4 TlBSþ. RIW S.B.M. I 4 I I , 5 I "" I ;:.'> PARCEL "e" ,>:Z I '"\1~ -'" "'1:1 "'", I \",- ;:.'> '>:z '"\1,> I "'~ -'" 6 "':z \ Sfsr I \ I i \ .-----. PARCEL 2 ¿~(ì¡. CERTIFICATE OF COMPLIANCE \ DOC. 1997-0443746 REC. 9-12-97 fj.Y f/ebZ \ ---- 0 tAM' McMilLIN OTAY RANCH SPA 1 - PHASE 1 EXHIBIT ,~ II . RICK ENGINEERING COMPANY ti - :':':"u".- .'.~- It-Ie;; I!: I.H1?¡;n FFRIlIIAIlVR 1QQQ ¡I¡ ---. ----_.- ----~ J-13126L RIGHT TO PASS OVER Parcel "A" Lot "A" of Chula Vista Tract No. 97-02, McMillin Otay Ranch Spa I, Phase 1 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 13605 filed in the Office of the Recorder of said County July 28, 1998. ~: ) t-. :l 4:LÆ fi~:L . A !/ , ~-2~8 -7? Robert G. Schoettmer L.S. 4324 jb/131261.007 t.f -f(¡, J-13126L RIGHT TO PASS OVER Parcel "B" Lot "B" of Chula Vista Tract No. 97-02, McMillin Otay Ranch Spa I, Phase 1 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 13605 filed in the Office of the Recorder of said County July 28, 1998. ;f?L/~ d $2-ð - 9? Robert G. Schoettmer loS. 4324 jb/131261.007 Y~11 J-13126L MASTER HOME OWNERS ASSOCIATION MAINTAINED PUBLIC AREAS (Parcel C) Santa Cora Avenue as dedicated to public use on Chula Vista Tract No. 97-02, McMillin Otay Ranch SPA I, Phase 1 in the City of Chula Vista, County of San Diego, State of California according to Map thereof No. 13605 filed in the Office of the Recorder of said County July 28, 1998. /}.1t-h~. þ¿~/ .. '<- ~ 2 -8 - 9'1 Robert G. Schoettmer loS. 4324 jb/131261.015 4-('(, SECT/ON // () ~ ¡- >' -'1 .L «) -\. >' Lor -\. oS' ;. () -\ :z. 0 -.\) ~ -t »' 0 "11 N :z. 0 ;;;: .. <> 0 - ;;;: !; ~¡= 0 r en - :z. ~ 0 ~~ ~ '\1~ S -< ~~ ~ ~~ ~ .~ ~ ~ .~ I- 'A' ~~ ø ~z ~ '\1~ ~~ - N Ù1~ i! :t. ø 1'1 ,5 ~8r Þo4t.~ -.-1 t~L ') CERTIFICATE OF COAfF'LIANCE~ SCALE'1'=300' DOC. NO. /997-0443746 REC. 9-/2-97 . McMilLIN OTAV RANCH SPA 1 - PHASE 1 EXHIBITt~" ih ~ RICK ENGINEERING CCMJANY ~ U ~. :':':"uu.- ...,..- .¡ -let m 1-1>1?"" rrODIIADVD <nnn ~~--~~---- j-13126L MASTER HOWMEOWNERS ASSOCIATION MAINTAINED PUBLIC AREAS Parcel "D" Lot "A" of Chura Vista Tract 97-02, McMillin Otay Ranch Spa I Phase 1, Unit 1 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 13681 filed in the Office of the Recorder of said County November 12, 1998. /~/ A4L£; #¿Li~ y ~~-2~8-1't Robert G. Schoettmer loS. 4324 ib/131261.009 L"'dO --------- ------- ------. 91-02 A rRACr NO> APA / CHU~lLi.l/ff OrA y R1Jh71 '4 Me PHASE I ¡ 13680 ,or"" MAP NO> I:) )) ~~ ç: '"'r-- ~ C) ~:... ~~~ ~r-, <>t" ~1ð~(¡; --~:". ',,-, Ì1t<¡I::!~ t--.;; ~~G; %::- ~ ~ --~~ ' '<:... '-II::! I - ~~ ~~~ 31 ~~:z: ~~ I ~ <;:,-1:)\3 Q\. -I ::r:, ~~'-I lOr.,. I\;}(/)-.\l '1:J~~ ~'f ~~~ -~ (j , (/) 'Ö ~ --~¡.t ~ ~ ~ I -- 7 LOr 6 91-02 ACr NO> I A VISrA 1R RANCH sPA "" C~LMILLIN o~y 13605 e MAP> SCALE: 1'=200' McMilLIN OTAY RANCH SPA 1 - PHASE 1 EXHIBIT ,~ /I h W II RICK ENGINEERING CcMPANY ié!!£ m . :':':"'u".- .",.,- 4;) \ ¡;¡;" I."""M I'I'R""A"VR '000 --------------~ j-13126L MASTER HOMEOWNER ASSOCIATION MAINTAINED PUBLIC AREAS Parcel "E" Lot A of Chula Vista Tract 97-02, McMillin Otay Ranch Spa I Phase 1, Unit 5 in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 13710 filed in the Office of the Recorder of said County December 18, 1998. J?2¿tI ß Af/¡{{ 2-;-~9 Robert G. Schoettmer L.S.4324 jb/131261.009 L/ - ;), ';) Master Homeowners Association Maintained Public Areas Parcel "F" The pedestrian access easements granted to the City ofChula Vista over a portion of Lot A and C ofChula Vista Tract No. 97-02, McMillin Otay Ranch SPA I, Phase I, Unit 4, in the City ofChula Vista, County of San Diego, State of California, according to Map No. 13680 filed inthe office of the Recorder of said County on November 12, 1998. Together with the pedestrian access easements granted to the City of Chula Vista over a portion of Lot D ofChula Vista Tract No. 97-02, McMillin Otay Ranch SPA I, Phase I, Unit 3, in the City of Chula Vista, County of San Diego, State of Cali fomi a, according to Map No. 13706 filed in the office of the Recorder of said County on December 15,1998. Together with the pedestrian access easements granted to the City ofChula Vista over a portion of Lot B ofChula Vista Tract No. 97-02, McMillin Otay Ranch SPA 1, Phase 1, Unit I, in the City ofChula Vista, County of San Diego, State of California, according to Map No. 13681 filed in the office of the Recorder of said County on November 12, 1998. T:WH\MCMILLlN\OT A YlDRElPrkwyslPrkwyEasMap 13605-21 00c99. wpd 12/21/99 L( - ;X3 - ---------",-p-- Master Homeowners Association Maintained Public Areas Parcel "G" Those portions of the right-of-way of Cool Springs Ct., Quail Springs Ct., Montana Road, Bellena Ct., Santa Delphina Ave., and Pacifica A venue adjoining HOA maintained open space lots B, Ca nd Park P-S as shown on Chula Vista Tract No. 97-02, McMillin Otay Ranch SPA I, Phase I, Unit I, in the City ofChula Vista, County of San Diego, State òfCalifomia, according to Map No. 13681 filed in the office of the Recorder of said County on November II, 1998; ,Together with those portions of the right-of-way of Bramble wood Court Clover Tree Court, and Sage Tree Court adjoining HOA maintained open space lots A, B, C, and D as shown on Chula Vista Tract No. 97-02, McMillin Otay Ranch SPA I, Phase I, Unit 2, in the City ofChula Vista, County of San Diego, State of California, according to Map No. 13705 filed in the office of the Recorder of said county on November 15,1998; Together with those portions of the right-of-wayofFernwood Rd., Lone Tree Rd., Bouquet Cyn. Rd., and Santa Cora Ave adjoining HOA maintained open space lots A, B, C, and D as shown on Chula Vista Tract No. 97-02, McMillin Otay Ranch SPA I, Phase I, Unit 3, in the City of Chula Vista, County of San Diego, State of California, according to Map No. 13706 filed in the office ofthe Recorder of said County on December 15, 1998; Together with those portions of the right-of-way of Covey PI., Elk Run PI., Strawberry Valley Dr., Raven Rock Ct., and Fawntail Ct., adjoining HOA maintained open space lots A and C as shown on Chula Vista Tract No. 97-02, McMillin Otay Ranch SPA I, Phase I, Unit 4, in the City ofChula Vista, County of San Diego, State of California, according to Map No. 13680 filed in the office of the Recorder of said County on November 12 ,1998. T:WHlMCMILLIN\OT A YlDRElPrkwyslPrkwyEasMap 13605-21 Dec99. wpd 12/21199 L(. ~ ~ EXHIBIT "B" Description of Maintenance Responsibilities McMillin Otay Ranch north ofE. Palomar St1 Area HOA Maintains Home Owner CFD-97-1 City's General Maintains Maintains Fund Maintains Santa Cora, north of E. I. Landscaping in N/A Note: No Tree trimming Palomar Dr. parkways including tree trees in within irrigation Santa Cora parkways. are included 2. Open Space inCFD. Slopes (including Trees within open space lots) Parcel "E" of Exhibit A All improvements located within Parcel E Parcel "0" of Exhibit A All improvements located within Parcel 0 Parcel "F" of Exhibit A. All improvements All connector trails located within connector located on HOA trails. maintained open space lots Parcel "0" ofExhibit A. Maintenànce of all Parkways within street parkway improvements rights-of-way adjacent to within the public Right HOA lots (Bramblewood of Way Ct., Clover Tree Ct., Sage Tree Ct., Covey PI., Elk Run PI., Strawberry Valley Dr., Raven Rock Court, Fawntail Court, Coolsprings Ct., Quail Spring Ct., Montana Rd., Bellena Ct., Santa Delphina Ave., Pacifica Ave., Femwood Road, Lone Tree Rd., Bouquet Canyon Rd., and Santa Cora Avenue) I See Resolution 19402 for maintenance responsibilities for a portion of area south of E. Palomar. A third agreement will address the remainder of McMillin Otay Ranch. T:WHlMCMtLLIN\OT A Y\DRElPrkwyslPrkwyEasMap 13605-2 tDec99. wpd 12/21199 l/-)'C) ......-..-....-.--.-. COUNCIL AGENDA STATEMENT Item ~ Meeting Date 1/11/00 ITEM TITLE: Resolution Approving the use of $5 million in Transportation Sales Tax (TransNet) funds for the I-805/01ympic Parkway Interchange Project in place of $5 million in Federal Surface Transportation Program (STP) funds, and committing the City to the completion of the I-805/0lympic Parkway Interchange Project SUBMITTED BY: Director of Pub Ii: wor~ ~ REVIEWED BY: CitYManager~...\)'(I- (4/5ths Vote: Yes~oX) On December 9,1999, the SANDAG Cities/County Transportation Advisory Committee (CTAC) approved the shifting of $5 million in this region's STP funds tram the I-80S/Olympic Parkway Interchange Project to the Fiscal Year 2000-2001 Pavement Rehabilitation Program, and replacing it with TransNet funds. This resolution will commit the City to spend $5 million in TransNet funds on the interchange project during fiscal years 2001, 01-02, and 02-03, and will commit the City to complete the Interchange Project. RECOMMENDATION: That Council approve a resolution approving the use of $5 million in Transportation Sales Tax (TransNet) funds for the I-80S/Olympic Parkway Interchange Project in place of$S million in Federal Surface Transportation Program (STP) funds, and committing the City to the completion of the I-80S/Olympic Parkway Interchange Project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: During the SANDAG/CT AC meeting of September 9, SANDAG staff indicated that certain federal funding already programmed for our region could be lost if not obligated very quickly. They indicated that a "use it or lose it" policy is being formulated in Sacramento regarding the timely use offederal funds for local projects. The State is not pleased with the fact that only 3% of the regional arterial federal funds have been obligated in our region so far. This money comes tram the Surface Transportation Program (STP) approved under the Federal Transportation Equity Act for the 21st Century (TEA-21) legislation of 1998. A total of $6.7 million in STP funding was programmed for two Chula Vista projects. The projects are: I-80S/Olympic Parkway Interchange Improvements ($5 million), and Palomar Street Reconstruction between Industrial Boulevard and 1-5 ($1.7 million). Both projects are still in the environmental phase. Construction on the interchange project is currently scheduled to commence in October of 2001. Therefore, we will be unable to have the STP funds fully obligated before the summer of 2001. The Palomar Street project has a better schedule which shows the start of construction in January of2001. That will allow us to have the $1.7 million fully obligated by the fall of2000. The Regional Transportation Improvement Program (RTIP) as approved by the City Council on April 13, 1999, includes $8 million in Transportation Sales Tax (TransNet) funds that are I)' ( Page 2, Item- Meeting Date 1Ll1LO.O programmed to finance the Pavement Rehabilitation Program over the next three fiscal years. Staff approached SANDAG with an idea to approve the reprogramming of the $5 million in STP funds tram the interchange project to the FY 00-01 Pavement Rehabilitation Program and also to amend the RTIP by reprogramming the $5 million in TransNet funds (currently programmed for pavement rehabilitation) for the interchange project over FY 00-01, FY 01-02 and FY 02-03. Construction on the interchange project will continue through FY 02-03 and is currently scheduled to be completed in April of2003. SANDAG staff indicated that the CT AC Committee must approve such a proposal before it goes to the SANDAG Board of Directors. Staffs proposal would enable the City to spend much needed funds on pavement rehabilitation as early as next summer and would save money simply because earlier rehabilitation would require a less expensive strategy and would be less costly overall. The proposal would ensure that our federal funding is not jeopardized by the "use it or lose it" policy. The proposal would also allow us to have all the $5 million in federal funding obligated by the spring of 2000 and that would help the Region by increasing the percentage of federal funds that will become obligated. The interchange project currently includes the construction of Olympic Parkway between Oleander and Brandywine. This street segment was originally added to the interchange improvements to assure the full utilization of federal funds. Staffs proposal reduces the federal contribution by $5 million and makes it unnecessary to keep said street segment a part ofthe interchange project. Said segment can instead be added to the larger Olympic Parkway project in order to assure earlier completion. On December 9, 1999 the SANDAG, CT AC Committee approved our request. The first step will now involve an approval of another amendment to the Rick Engineering contract to provide for the completion ofthe Plans, Specifications and Estimate (PS&E) for the subject street segment. Rick Engineering had initiated said PS&E for Sunbow and we felt that it would be more efficient if they completed the work. We are currently preparing a resolution item and associated agreement amendment for submittal to the City Council in January. Following the completion of the PS&E, we will explore the possibility ofinc1uding the construction work of the subject segment with the construction contract for Olympic Parkway east of Brandywine. The environmental work for the subject street segment is scheduled to be completed with the Interchange project and is currently being done under the Rick Engineering contract. FISCAL IMPACT: Approval of this resolution will commit the City to spend $5 million in TransNet funds on the improvement of the I-805/Olympic Parkway Project as TransNet funds become available over fiscals years 00-01, 01-02, and 02-03. Since Federal funds are available immediately, we will be able to release them tram the Interchange Project and use them to complete a large pavement rehabilitation project next summer. The ability to rehabilitate pavement two years earlier will result in considerable savings of precious intrastructure funds. We estimate that the savings could be at least $1 million. The rehabilitation strategy that will be used in FY 00-01 will cost considerably less than a more elaborate strategy that would be required in FY 01-02 and 02-03. This is mainly due to the continued, and in some cases accelerated, deterioration ofthe pavement's condition. H:\HOMEIENGINEER\A GENDA \$5MIL.SMN 5-";¿' RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE USE OF $5 MILLION IN TRANSPORTATION SALES TAX (TRANSNET) FUNDS FOR THE I-80S/OLYMPIC PARKWAY INTERCHANGE PROJECT IN PLACE OF $5 MILLION IN FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDS, AND COMMITTING THE CITY TO THE COMPLETION OF THE I-80S/OLYMPIC PARKWAY INTERCHANGE PROJECT WHEREAS, on December 9, 1999, the SANDAG Cities/County Transportation Advisory Committee (CTAC) approved the shifting of $5 million in STP funds from the I-80S/Olympic Parkway Interchange project to the Fiscal Year 2000-2001 Pavement Rehabilitation Program, and replacing it with TransNet funds; and WHEREAS, this resolution will commit the City to spend $5 million in TransNet funds on the interchange project during fiscal years 2001, 01-02, and 02-03, and will commit the City to complete the Interchange Project. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista does hereby approve the use of $5 million in Transportation Sales Tax (TransNet) funds for the I-80S/Olympic Parkway Interchange Project in place of $5 million in Federal Surface Transportation Program (STP) funds, and committing the City to the completion of the I-80S/Olympic Parkway Interchange Project. Presented by Approved as to form by John P. Lippitt, Director of ney Public Works H, \home\attorney\reso\tranenet S:.3 COUNCIL AGENDA STATEMENT Item~ Meeting Date 01/11/2000 ITEM TITLE: Resolution Rejecting bids for "Concrete Freight Crossings for Bay Boulevard and "J" Street (ST-~' Project in the City ofChula Vista, CA. SUBMITTED BY: Director of Public works/' REVIEWED BY: City Manager~ ~ l' (4/5ths Vote: Yes - No~) ¡;"D At 2:00 p.m. on Wednesday November 24,1999, in Conference Room 2 & 3, the Director of Public Works received sealed bids for "Concrete Freight Crossings for Bay Boulevard and "J" Street (ST- 961)" Project. The work to be done included placing Portland cement concrete between the rails and smoothing the approach at the street crossings at Bay Boulevard north of"F" Street and on the east side of "J" Street at Bay Boulevard. RECOMMENDATION: That Council reject bids and direct the Director of Public Works to re- advertise the work with modified specifications in order to attract more qualified bidders to submit bids for the project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This project is part of the "Main Street, Industrial to Brodway" (ST-961) Project. The re-construction of the freight crossings was part ofthe agreement with MTDB to pay for the stann drain easement for the Main Street Project within the MTDB right-of way. Bids were received tram one contractor to perfonn the work as follows: Contractor Base Bid Amount Alternate "A" Total Fox Construction - San Diego $13,900.00 $19,587.00 $33,487.00 The low bid by Fox Construction is below the engineer's estimate of$42,SOO by $9,013, or 21 %. The Specifications included a section specifying contractor qualifications stating the following: "The Contractor shall have experience working with railroad tracks and grade crossings. Bids will not be accepted tram Contractors who do not have previous railroad work Co- f Page 2, Item_- Meeting Date 01111/2000 experience." The low bidder did not have the required experience and they did not list any sub-contractors qualified to do the railroad track work. The bid documents will be changed as follows: 1. The bid item for the "J" Street crossing (Alternate "A") will be eliminated. MTDB has informed us that they do not want the "J" Street crossing done and that the "F" Street crossing will meet our commitment to them. 2. Contractors will be allowed to submit bids if they list a sub-contractor that is qualified to do track, tie and ballast work. 3. The scope of the work will be clarified in order to attract more bidders. 4. By including only the crossing at Bay Boulevard and "F" Street, the project can be advertised and awarded informally, simplifying the bid and award process. FISCAL IMPACT: None. Attachments: A - City ofChula Vista Disclosure Statement H, \HOME\ENGINEER\AGENDA\St961rej . jrh. doc b -;2 .~ ;ø.'~ THE CITY OF CHULA VISTA DISCWSURE STATEMENT ~ are requi~ to file a Statement of Disclosure of cenain ownership or fmancial interests, payments, or campaign contributions, on all maners which ~ ili require discretionary aaion on the part of the City Council, Planning Commission, and all other official bodies. The followiD ¡ infonnation must be disclosed: 1. List the namcs of all persons having a fmandal interest in the property which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. - 2. If any person" identified pursuant to (I) above is a corporation or partnership, list the namcs of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. ';. 3. If any person" identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes - No _If yes, please indicate person(s): S. Please identify each and every person. including any agents, employees, consultants, or independent ContractOrs who you have assigned to represent you before the City in this matter. 6. Have you and/or your officerj( agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period1 Yes - No If ycs, state which Council members(s): Date: It /Þ-~c;~ ~e ;;ntra~~~ Print or type name of Contractor/Applicant " fi!Mlll is defined as: "Any individual, finn, ctrpartnership, jow venture, association, social club, fralernßl organization, corporalion, estale, trust, receiver, syndicale, this and œry other county, city or counlry, city municipality, district, or other poiitical subdivision, or œry other group or combination acting as a unit. C;:;-3 13 RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING BIDS FOR "CONCRETE FREIGHT CROSSINGS FOR BAY BOULEVARD AND 'J' STREET (ST-961)" PROJECT IN THE CITY OF CHULA VISTA, CA. WHEREAS, the Director of Public Works received the following one sealed bid for "Concrete Freight Crossing for Bay Boulevard and 'J' Street" (ST-961 Project) at 2:00 p.m. on November 24, 1999 in Conference Room 2 & 3: Contractor Base Bid Amount Alternate "A" Total Fox Construction $13,900.00 $19,587.00 $33,487.00 WHEREAS, the bid by Fox Construction is below the engineer's estimate, however, the specifications required contractors to have experience working with railroad tracks and grade crossings; and WHEREAS, bids were not accepted from contractors who did not have previous railroad work and the low bidder did not have the required experience and, therefore, did not meet the specifications. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby reject bids for "Concrete Freight Crossings for Bay Boulevard and "J" Street (ST-961)" Project. BE IT FURTHER RESOLVED that the Director of Public Works is hereby directed to re-advertise the work with modified specifications in order to attract more qualified bidders to submit bids for the project. Presented by Approved as to form by John P. Lippitt, Director of torney Public Works H, \home\attorney\reso\reject .bid {;-L) ..------. .-.---. ITEM 7 MEETING DATE: January 11. 2000 ITEM TITLE: Resolution Approving Compensation Adjustments for Classifications Represented by CVEA and WCE, and for Classifications included in the Categories of Executive, Senior and Middle Management, Confidential, and Unclassified Hourly to be Effective with the Payperiod beginning December 31, 1999; and Amending the Fiscal Year 1999/2000 Budget by Appropriating the Necessary Funding Therefore. SUBMITTED BY: Director of Human Resources\:)J Deputy City Manager - Administrative Services rf REVIEWED BY: City Manager ~~.(V (4/Sth Vote: Yes LNo-> k'f9 SUMMARY: This item is a request to approve compensation adjustments and related funding for various classifications based on a market study of compensation levels for all management and non-safety employee classifications. RECOMMENDATION: Adopt Resolution approving compensation adjustments for various classifications effective December 31, 1999, and amending the fiscal year 1999/2000 budget to provide additional funding therefore. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The last citywide classification/compensation study was conducted in 1988. Since then, growth and change have dramatically impacted the classification plan, distorting important internal alignments and creating equity issues. In addition, previous downturns in the economy which severely limited salary adjustments and resulted in some degree of downsizing without any real reduction in service levels put the City out of line with the market. This has been seen most dramatically in recruitment, where to fill one position often required repeat processes and often a salary range adjustment in order to attract qualified candidates. It also became apparent as our attempts to retain top-notch employees routinely failed. Pursuant to a September, 1998 Side Letter with CVEA (Attachment A), a Classification Committee was convened to facilitate conduct of a comprehensive compensation review of all management and non-safety classifications, to be followed by a classification study. The Committee is made up of representatives tram CVEA, WCE, Mid, Senior, and Executive Management, and Confidential employees. The City Council approved funding ($80,000) for a consultant to conduct a classification/compensation study of all management and non-safety classifications in the current year budget. As a result, Shannon Associates was hired to conduct a classification/compensation study in several phases. 1 7 ¡ The first step was development of the Pay Policy, which was adopted by Council on June 8, 1999 (Attachment B). Briefly, that policy provided for a compensation philosophy which bases the compensation structure on market place norms, internal alignment and equity among various groups of employees. It is also the intent of the program to: . Ensure that it will not jeopardize the financial condition of the City, . If fiscally prudent, compensate employees above the average of the labor market, . Calculate competitive position utilizing total cash compensation, . Give priority to appropriate internal relationships, and . Ensure that the City has the ability to attract and retain quality employees to carry out the goals and objectives of the City Council. Subsequent to adoption of the Pay Policy, benchmark classifications were selected by a consensus of the Consultant, department managers and committee members. Appropriate labor markets were identified by the Consultant and agreed to by the Committee. They are: . Agencies in the County of San Diego for classifications represented by CVEA and in the Confidential Unit. . Cities in the counties of Orange, Riverside, San Bernardino and San Diego for WCE, Mid and Senior management. . Cities similar to Chula Vista in population, growth dynamics and service structure within the State of California for Executive Management. Data was then collected through site visits to agencies within San Diego County and via mail survey to all others. Once received, the data was analyzed by the Consultant to ensure comparability. In formulating the recommended adjustments, consideration was given to both labor market data and internal relationships. Establishment of internal relationships was based on the following: . Appropriate differential between supervisor and subordinate classifications. . Appropriate differential between classes in the same series. (e.g. within the maintenance series) . Appropriate relationships/differentials between classifications in related series. (e.g. between the street maintenance and park maintenance series). Of the 280 classifications, it is recommended, based on market data and/or appropriate internal alignment, that 255 receive some adjustment to bring the salary level up to the average of the market (Attachment C). The vast majority of the recommended adjustments fall between 3% and 10%. On a dollar basis, the majority of the dollars involved, (60.6%) is going to employees in non-management classifications. Further, approximately 21 % of total dollars will be for adjustments to Mid-Management salaries; 10.5%, to Senior Management; and 7.9% to Executive Management. 2 7-~ FISCAL IMPACT: The cost of the recommended compensation adjustments and related benefits for the remainder of the current fiscal year is estimated at $1.2 million, which equates to approximately 1.6% of the current General Fund operating budget. Necessary budget amendments by department are listed in the following table. Deuartment Amount City Council $4,168 City Clerk $Jl,689 City Attorney $1,968 Administration $30,721 MIS $33,433 Human Resources $66,859 Finance $64,847 Non-Departmental -$22,548 Community Development $59,987 Planning & Building $159,671 Police $213,321 Fire $40,515 Public Works $328,752 Library & Recreation $152,730 Parking Meter $7,788 Central Garage $9,755 BCT $17,469 BCT Bookstore $1,333 Total $1,182,458 This cost will be offset by approximately $522,776 in unanticipated revenue from the sources enumerated in the following table, with the remainder ($659,682) to be funded from the Available Fund Balance in the General Fund. .>116 Fundinl! Source Amount Charges for Current Services $264,999 Public Facilities DIF Reimbursements $7,976 Capital Improvement Project Reimbursements $25,049 Transportation DIF Reimbursements $4,090 RDA Bayfront/Town Center I Reimbursements' $50,981 RDA Town Center 11 Reimbursements $6,210 RDA Otay Valley Reimbursements $9,028 RDA Southwest Reimbursements $13,660 RDA Housing Reimbursements $16,970 CDBG Reimbursements $929 Open Space District Fund Reimbursements $9,783 Transit Reimbursements $14,039 Storm Drain Revenue Fund Reimbursements $3,389 Sewer Service Revenue Fund Reimbursements $95,673 Total $522,776 . $18,802.40 is to reimburse NIC funds 3 7-3 In future years, the annual cost is estimated at approximately $2.4 million with funding projected to be available from increases in related program revenues ($1.0 million) and tram General Fund discretionary revenues ($1.4 million). 4 7-1( Attachment A CVEA SIDE LETTER to MOU CLASSIFICATIOhJ STUDY Th~ Ci7-y ag.~~s 7-::> c::>ntluC-V a classificEöj;.ion/compensa7-ion st.udy of all CV::A ,ep:-~s~nt.ed classificat.bns dudng FY 98/99. CV::A represent.atives will par:i.:;ipat.e on a commi"i:.t~~ t.o establish crit~ria fo. and assis"i:. in consu!"i:.ant. s~;~~i:>n. Th~ .C:>mmi"i:."i:.~e" will part.icipat.e in det.e.mining scope :>f the st.uoy and .::.esigning of an appeal process. The .C:>mmit"i:.ee" will re\'iew, evalua7-e ar,d . provid~ input to Ú.,e consultant regarding st.udy resul"i:.s and recommendations. The s7-udy will evalua"i:.e usage or bilingual skills and approp.ia"i:.e compensa"i:.ion and special t.raining/license requiremcn"ts or àrt.ain classifications. C\'::/, will be consult.ed on the met.h:>d for implement.at.ion of t.he s"tudy ;:esui7-s which will occur in FY 99/00. {l1L!:{ / Ítì'U? 1 ~ /!//:/.-;;;' ~ r . - I 1\~i'ry,2.l-¡r ~anÇ.Y t:.merson Direc:-or oT Human Resources CVéA Presiden:- q,J. Lf- ç f Dat.e 7-5 Attachment B - RESOLUTION NO. 19481 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA ' VISTA AMENOING THE EMPLOYER-EMPLOYEE RELATIONS POLICY TO INCLUDE THE COMPENSATION POLICY AS APPENDIX A WHEREAS. the Council recently approved a contract with John Shannon Associates to conduct a citywide classification! compensation study for all non-safety positions; and WHEREAS, one of the first steps in the conduct of that study was the development of a policy confirmin9 the City's compensation policy and the selection of an appropriate labor market; and WHEREAS. the proposed compensation policy formalizes the Council philosophy and approach to compensation which is to establish and maintain a compensation structure based on market place norms, internal alignment, and equity among various groups of employees; and WHEREAS, structures anp ranges will be reviewed and updated as necessary based on an evaluation of the City's ability to pay. market place survey data, internal relationships, and èquity among various groups of employees; and WHEREAS, the policy reflects discussions with the Cõuncil. E~ecutive Managåment staff and the labor representatives to the Classification Study Committee; and WHEREAS, said policy is designed to support achievement of the Council's strategic objectives for the community, encourage harmonious labor relations. and meet the needs of a majority of the workforce; and WHEREAS, all negotiating groups except Fire and Police have been met with and consulted with regarding the proposed policy. NOW. THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the Employer-Employee Relations Policy to include the Compensation Policy as Appendix A, a copy of which is on file in the office of the City Clerk. Presented by Approved as to form by ~ ~(JAVn Candy Emer on Human Resources Director 7-(0 Resolution 1 9481 Page 2 PASSED, APPROVED. and ADOPTED by the City Council of the City of Chula Vista, ;' California, this 8th day of June, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla ABSTAIN: Councilmembers: None ~/Jfa --ÞIrn~ Shirley Horton ayor ATTEST: ~ -:;].11 tLt. ~ ~ ' «:L~ Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19481 was duly passed, approved. and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8'h day of June, 1999. Executed this 8'h day of June, 1999. ~~l II á.l rt ~:C(A '- «lL~ Susan Bigelow, City Clerk 7-7 -~ ) APPENDIX A COMPENSATION POLICY _J 7-f INTRODUCTION The City's compensation program is designed to support the achievement of the City Council strategic objectives for the commUIÚty, enhance harmonious labor relations and meet the needs of a majority of the workforce. It should foster a team concept within the organization, recognizing the importance of a satisfied, productive, and cohesive workforce. All Associations and unrepresented groups have had an opportunity to discuss the compensation policy. Employees represented by the POA and IAFF were not included in these discussions since compensation goals are included in their current MOD's. In implementing this program, the following guidelines will be considered based upon the financial capacity of the City. COMPENSATION PHILOSOPHY The City's compensation philosophy is to establish and maintain a compensation structure based on market place norms, internal alignment and equity among various groups of employees. Structures and ranges will be reviewed and updated as necessary based on an evaluation of the City's ability to pay, market place survey data, internal relationships, and equity among various groups of employees. IMPLEMENTATION The City's compensation program will be implemented in accordance with the following guidelines: 1. FISCALLY PRUDENT The City's compensation program shall ensure that it will not jeopardize the fmanciaJ condition of the City. The City's practice is to compensate employees in accordance with the City's financial condition. In determining the City's financial condition, the City will consider competing service priorities, reserves and revenue growth. 2. ATTRACT AND RETAIN QUALITY EMPLOYEES The City's compensation program should ensure that the City has the ability to attract and retain the quality of person the City needs to implement the City Council's policy objectives and priorities. 3. LABOR MARKET The City's practice is to survey government labor markets that include: A. Local labor market comprised of San Diego County, the 18 cities within the County and, when appropriate, special purpose agencies and private sector employers that provide mUIÚcipal services. 7-'1 ¡ B. Regional market of Orange County, Riverside County, and San Bernardino County cities that are similar to Chula Visa in growth, population, service structure, and complexity. C. Statewide market of cities that are similar to Chura Vista in population growth, service structure, and complexity. 4. COMPETITIVE POSITION If fisca ]y prudent it is the City's objective to compensate employees at rates above the middle of the labor market as measured by the median. A. For Chula Vista Employee's Association unit, the primary market wil1 include the local labor market. B. For Western Council of Engineers, Mid-Managers, and Senior-Managers, and other selected professional positions the market will include both the local labor market and the regional market. e. For Executives. the market wi ] include the local, regional, and the statewide market. D. In addition to the labor market survey data referenced above, in order to address unique compensation concerns, the City and/or recognized employee representatives may, at their discretion., collect and present supplemental market survey data in the conte},.'! of the meet and confer process. 5. MEASUREMENT OF COMPETITIVE POSITION Competitive position will be calculated utilizing total cash compensation which includes base salary plus cash add-ons to base salary including PERS pick-up, incentive pay, optional benefit, employer paid deferred compensation, etc. In addition, the City wi ] also consider health and retirement benefits, leave benefits, and reimbursement policies. 6. INTERNAL ALIGNMENT Consideration will be given to both labor market survey data and internal relationships in establishing salary ranges. When establishing internal relationships, priority will be given to: A. Appropriate differential between superior and subordinate classes B. Appropriate differentials among classes m the same class series (i.e. technicallprofessi anal) 7-;0 C. Relationships among related class series (e.g., planning, inspection services, ) and engineering) D. Relationships across unrelated class series. 7. MIX OF BASE SALARY, TOTAL CASH AND BENEFITS The City's practice is to provide a mix of base salary, total cash and benefits that is generally competitive with the labor market. When evaluating benefits, the City will consider both the cost and the content of the benefits. 8. PAY ADMINISTRATION Individual compensation adjustments within the salary range will be made in accordance with the appropriate memorandum of understanding and/or salary resolution and personnel policies. 9. COLLECTIVE BARGAINING The City's practice is to honor the integrity of the collective bargaining process through good faith negotiations. It is understood that these negotiations will take place exclusiveJy through the recognized representatives of the City and the representatives of the appropriate bargaining unit. 10. SHARING OF COMPENSATION SURVEY INFORMATION Consistent with the City's commitment to an open and collaborative relationship with employees, the compensation survey data collected pursuant to this program will be shared with unrepresented employees, or the appropriate recognized employee representatIves. 7-/ I Attachment C Page 1 RECOMMENDED COMPENSATION ADJUSTMENTS Current Recommended Classification Title Biweekly Salary Biweekly Salary Accountant $1,948.49 $2,135.55 Accounting Assistant I $1,022.55 $1,079.38 Accounting Assistant II $1,125.44 $1,187.15 Accounting Assistant III $1,204.21 $1,305.86 Admin Secretary/City Clerk's Office $1,391.14 $1,499.57 Administrative Analyst I $1,386.66 $1,679.96 Administrative Analyst II $1,604.96 $1,848.18 Administrative Office Assistant I $907.15 $1,024.19 Administrative Office Assistant II $1,035.97 $1,126.69 Administrative Office Assistant III $1,189.84 $1,239.27 Administrative Office Specialist $1,189.84 $1,239.27 Administrative Secretary $1,391.14 $1,499.57 Administrative Services Manager $2,817.51 $3,031.56 Administrative Technician $1,391.14 $1,499.57 Animal Control Manager $2,021.96 $2,296.75 Animal Control Officer $1,216.68 $1,405.12 Aquatic Coordinator $1,629.11 $1,805.32 Assist Director/Building Official $3,311.70 $3,608.31 Assistant Chief of Police $3,515.27 $4,091.76 Assistant City Manager $4,864.69 $5,155.98 Assistant Direclor of Comm Dev $2,817.51 $3,608.31 Assistant Director of Finance $3,311.70 $3,690.23 Assistant Director of Recreation $2,817.51 $3,290.02 Assistant Engineer I $1,941.84 $2,050.13 Assistant Engineer II $2,247.77 $2,357.64 Assist"nt library Director $2,817.51 $3,290.02 ... .~.......- --.-. 7-Jd.- Attachment C Page 2 RECOMMENDED COMPENSATION ADJUSTMENTS Current Recommended Classification Title Biweekly Salary Biweekly Salary Assistant Planner $1,723.04 $1,841.17 Assistant Planning Director $3,311.74 $3,608.31 Assistant Surveyor I $1,810.25 $1,863.75 Assistant Surveyor II $1,936.86 $2,050.13 Assistant to Mayor and Council $2,084,45 $2,296.75 Assistant Transit Coordinator $2,397.04 $2,598.07 Associale Planner $1,945.80 $2,117.15 Asst Director of Human Resources $2,817.51 $3,558.37 Avian Specialist $1,216.02 $1,405.12 B&H Inspect/Code Enf Officer I $1,363.41 $1,618.83 B&H Inspect/Code Enf Officer II $1,719.46 $1,780.72 B&H Inspect/Code Enf Officer III $1,805.44 $1,958.57 Battalion Chief $2,953.13 $3,194.34 Benefits Manager $2,540.84 $2,690.46 Benefits Technician $1,385.77 $1,499.57 Bookstore Manager (Nature Cenler) $990.35 $1,079.38 ~~l.n1! Projects Supervisor $1,866.53 $2,357.64 Building Services Superintendent $2,699.37 $2,834.25 Business Office Manager $2,084.45 $2,296.75 Chief of Police $4,599.64 $4,982.79 Circulation Assistant $1,035.97 $1,113.55 Circulation Supervisor $1,451.59 $1,536.54 City Arborist $2,021.96 $2,203.21 City Attorney $5,329.83 $5,349.16 City Clerk $2,763.61 $3,278.01 __City ~anag~:_. $5,724.64 $5,929.15 7-/3 Attachment C Page 3 RECOMMENDED COMPENSATION ADJUSTMENTS Current Recommended Classification Title Biweekly Salary Biweekly Salary Civil Engineer $2,607.81 $2,711.16 Code Enforcement Manager $2,397.12 $2,540.32 Collections Supervisor $2,021.96 $2,329.61 Communications Operator I $1,237.27 $1,425.62 Communications Operator II $1,458.24 $1,568.18 Community Dev Specialist I $1,736.46 $1,825.40 Community Dev Specialist II $1,867.08 $2,008.07 Community Resource Coordinator $2,084.45 $2,296.75 Community Service Officer $1,144.22 $1,277.39 Computer Operations Manager $2,358.71 $2,438.25 Computer Programmer $1,766.88 $1,927.47 Computer/Programmer Analyst $1,966.38 $2,120.21 ConI Admin Office Specialist $1,189.84 $1,239.36 ConI Secty to City Manager's Ofc $1,492.24 $1,499.57 ConI Secty to Mayor and Council $1,757.44 $1,774.16 Confidential Admin Secretary $1,391.14 $1,499.57 Confidential Bilingual Secretary $1,189.84 $1,239.27 Confidential Secretary $1,189.84 $1,239.27 Const Specialist II (Carp/LKSM) $1,533.93 $1,601.73 Construction Specialist II (Elec) $1,647.90 $1,681.81 Construction Specialist II (HVAC) $1,647.90 $1,681.81 Construction Specialist II (Paint) $1,426.92 $1,456.11 Construction Specialist II (Plumb) $1,570.06 $1,601.73 Crime Analysis Manager . $2,084.45 $2,296.75 Crime Analyst $1,749.88 $1,913.96 ~rime Free Multi Housing Coord $1,463.22 $1,499.57 7-/'1 Attachment C Page 4 RECOMMENDED COMPENSATION ADJUSTMENTS Current Recommended Classification Title Biweekly Salary Biweekly Salary Crime Lab Manager $2,321.56 $2,526.43 Criminal Info Systems Specialisl $1,323.15 $1,499.57 Cultural Arts Coordinator $1,629.11 $2,153.51 Custodial Services Supervisor $2,021.96 $2,203.21 Custodian I $971.55 $1,147.28 Custodian II $1,068.77 $1,262.05 Customer Service Representative $1,189.84 $1,305.86 Data Entry Operator II $1,039.55 $1,126.69 Delivery Driver $770.27 $956.50 Deputy Building Official $3,104.73 $3,137.66 Deputy City Manager-Admin Svcs. $4,561.31 $4,910.66 Deputy City Manager-Org. Dev. $4,407.99 $4,752.96 Deputy Director of Parks $2,699.37 $2,926.25 Deputy Pub Wks Dir/Operations $3,311.67 $3,723.96 Deputy Pub Works Dir/City Eng $3,311.67 $3,723.96 Development Services Technician $1,414.40 $1,465.31 - Dir of Community Development $3,871.36 $4,330.23 Dir of Mgmt and Info Services $3,515.27 $4,174.28 Director of Budget & Analysis $3,311.70 $3,690.23 Director of Finance $4,216.34 $4,428.53 Director of Human Resources $3,806.70 $4,270.22 Director of Planning and Building $3,948.03 $4,330.23 Direclor of Public Works $3,948.03 $4,468.66 Economic Development Manager $2,705.85 $3,183.69 Educational Services Manager $2,397.04 $2,476.80 Electronics Technician $1,798.00 $1,849.99 ---.---- 7-/S Attachment C Page 5 RECOMMENDED COMPENSATION ADJUSTMENTS Current Recommended Classification Title Biweekly Salary Biweekly Salary Engineering Aide $1,306.15 $1,350.54 Engineering Technician I $1,454.66 $1,485.60 Engineering Technician II $1,759.72 $1,782.72 Engineering Technician III $1,961.01 $2,050.13 Environmental Project Manager $2,397.04 $2,540.32 Environmental Review Coord $2,541.19 $3,032.08 Equipment Mechanic I $1,402.77 $1,415.81 Equipment Mechanic II $1,506.54 $1,557.31 Equipment Operator $1,642.52 $1,665.95 Evidence Control Assistant $1,160.32 $1,277.39 Evidence Technician $1,736.46 $1,913.96 Exec Assistant to City Manager $1,842.36 $1,879.72 Extended School Day Supervisor $1,629.11 $1,641.20 Fire Apparatus Mechanic $1,582.59 $1,713.04 Fire Chief $3,948.03 $4,649.58 Fire Inspector I $1,719.46 $1,780.72 Fire Marshall $3,193.13 $3,874.65 Fiscal Operations Manager $2,817.51 $3,208.89 Fleet Manager $2,524.98 $2,724.30 Gardener I $1,115.59 $1,147.28 Gardener II $1,196.11 $1,262.05 GIS Info Services Specialist $1,759.82 $1,927.47 Housing Coordinator $2,705.85 $3,032.08 Housing Rehab Specialist $1,719.46 $1,780.72 Human Services Coordinator $1,629.11 $1,641.20 Info. Services Tech. $1,437.66 $1,499.57 7-J~ Attachment C Page 6 RECOMMENDED COMPENSATION ADJUSTMENTS Current Recommended Classification Title Biweekly Salary Biweekly Salary Info. Technology Coordinator $2,397.04 $2,526.30 Information Systems Technician $1,437.66 $1,499.57 Intel Analyst $1,749.88 $1,913.96 Intergov't Affairs Coordinator $2,397.04 $2,526.30 Kennel Attendants $1,008.24 $1,170.94 Land Surveyor $2,607.81 $2,711.16 Landscape Architect $2,397.04 $2,540.32 Landscape Inspector $1,759.72 $1,863.75 Landscape Planner $1,943.12 $2,117.15 Latent Print Examiner $1,984.27 $2,201.06 Lead Communication Operator $1,672.04 $1,803.40 Legal Assistant $1,580.80 $1,591.48 Librarian I $1,534.28 $1,547.67 Librarian II $1,604.96 $1,702.30 Librarian III $1,814.12 $1,872.71 Library Associate $1,358.94 $1,407.05 Library Automation Manager $2,358.71 $2,476.80 Library Technical Assistant $1,035.97 $1,113.55 Library Volunleer Coordinator $1,055.62 $1,280.45 Lifeguard I $726.40 $991.06 Lifeguard II $868.80 $1,090.17 Literacy Team Coordinator $2,084.45 $2,153.51 Mainframe Computer Operator $1,368.77 $1,499.57 Maintenance Worker I $1,115.59 $1,147.28 Maintenance Worker II $1,196.11 $1,262.05 -- Mgr of Training and Development $2,817.51 $3,094.02 7-/7 Attachment C Page 7 RECOMMENDED COMPENSATION ADJUSTMENTS Current Recommended Classification Title Biweekly Salary Biweekly Salary Micro Computer Specialist $2,246.42 $2,332.24 Nature Center Director $3,311.74 $3,589.12 Nature Center Maint Specialist $1,008.24 $1,147.28 Open Space Coordinator $2,194.58 $2,313.37 Open Space Inspector $1,759.72 $1,863.75 Paint Striping Operator $1,642.52 $1,665.95 Park Ranger Supervisor $1,629.11 $1,741.67 Parking Control Officer $1,051.18 $1,161.26 Parking Operations Officer $1,185.37 $1,277.39 Parks Supervisor $1,800.90 $1,915.84 Payroll Technician $1,456.94 $1,567.03 Permits Processing Coordinalor $1,961.01 $2,117.15 Personnel Analyst $1,692.63 $1,997.12 Personnel Technician $1,385.87 $1,499.57 Plan Check Engineer $2,608.00 $2,711.16 Planning and Env Manager $2,705.85 $3,032.08 Planning Technician I $1,221.16 $1,274.32 Planning Technician II $1,414.40 $1,465.31 Planning Technician III $1,562.01 $1,612.06 Plans Examiner $2,043.44 $2,357.64 Police Captain $3,104.76 $3,558.05 Police Records Assistanlll $1,109.33 $1,126.69 Police Report Transcriptionist $1,109.33 $1,126.69 Police Services Officer $1,285.53 $1,405.30 Police Training Coordinator $1,325.82 $1,499.57 ~ol Manager $1,050.28 $1,504.43 7-/ J7 Attachment C Page 8 RECOMMENDED COMPENSATION ADJUSTMENTS Current Recommended Classification Title Biweekly Salary Biweekly Salary Principal Comm Dev Specialist $2,397.04 $2,540.32 Principal Librarian $2,397.04 $2,476.80 Principal Management Analyst $2,397.04 $2,526.30 Principal Management Assistant $2,397.04 $2,526.30 Principal Planner $2,685.33 $3,032.08 Principal Recreation Manager $2,397.04 $2,415.03 Property Control Clerk $1,109.33 $1,126.69 Pub Works Maint Superintendent $2,699.37 $3,117.68 Public Infonnation Officer $2,396.80 $2,526.30 Public Works Inspector I $1,759.72 $1,863.75 Public Works Inspector II $1,961.01 $2,050.13 Public Works Supervisor $1,800.88 $1,915.84 Public Works Technician I $1,285.53 $1,350.54 Public Works Technician II $1,368.34 $1,485.60 Public Works Technician III $1,533.93 $1,782.72 Pump Mechanic $1,561.12 $1,635.28 Purchasing Agent $2,817.51 $2,952.09 Range Master $1,285.53 $1,405.30 Recep-Mayor/Council $1,189.93 $1,239.27 Records Manager $1,391.12 $1,499.57 Recreation Supervisor I $1,392.03 $1,492.00 Recreation Supervisor II $1,629.11 $1,641.20 Redevelopment Coordinator $2,705.85 $3,032.08 Risk Management. Specialist $1,692.63 $1,997.12 Risk Manager $2,817.51 $3,094.02 Secretary $1,189.84 $1,239.27 7 -/'1 Attachment C Page 9 RECOMMENDED COMPENSATION ADJUSTMENTS Current Recommended Classification Title Biweekly Salary Biweekly Salary Secretary to the City Attorney $1,788.91 $1,879.72 Senior Accountant $2,358.71 $2,562.66 Senior Accounting Assistant $1,384.78 $1,501.74 Senior Building Inspector $1,978.00 $2,252.36 Senior Circulation Assistant $1,189.84 $1,280.45 Senior Civil Engineer $2,895.37 $3,117.68 Senior Community Dev Specialist $2,084.45 $2,209.14 Senior Electronics Technician $1,999.00 $2,127.49 Senior Equipment Mechanic $1,656.84 $1,713.04 Senior Gardener $1,485.06 $1,514.38 Senior Librarian $2,084.45 $2,153.51 Senior Library Technical Assistant $1,189.84 $1,280.45 Senior Lifeguard $935.57 $1,253.70 Senior Maintenance Worker $1,485.08 $1,514.38 Senior Management Analyst $2,084.45 $2,296.75 Senior Management Assistant $2,084.45 $2,296.75 Senior Park Supervisor $2,021.96 $2,203.21 Senior Personnel Analyst $2,084.45 $2,296.75 Senior Planner $2,397.04 $2,540.32 Senior Public Works Inspector $2,021.92 $2,357.64 Senior Public Works Supervisor $2,021.96 $2,203.21 Senior Recreation Supervisor $2,021.96 $2,100.06 Senior Risk Management Specialist $2,084.45 $2,296.75 Senior Storekeeper $1,443.83 $1,514.38 Senior Tree Trimmer $1,642.52 $1,665.95 ~ Technician $1,426.92 $1,528.92 7 -020 Attachment C Page 1O RECOMMENDED COMPENSATION ADJUSTMENTS Current Recommended Classification Title Biweekly Salary Biweekly Salary Signal Systems Engineer $2,063.86 $2,357.64 Special Operations Manager $3,311.70 $3,334.71 Sports Coordinator $1,392.03 $1,641.20 Sr Administrative Office Specialist $1,310.64 $1,363.25 Storekeeper II $1,256.94 $1,262.05 Supervisor Construction Specialist $2,021.96 $2,203.21 Supervisor Pump Mechanic $1,800.88 $1,915.84 Survey Technician I $1,454.66 $1,485.60 Survey Technician II $1,759.72 $1,782.72 Town Gardener $1,196.11 $1,262.05 Traffic Devices Tech Supervisor $2,065.85 $2,127.49 Traffic Devices Technician $1,796.40 $1,849.99 Training & Dev. Tech $1,385.77 $1,499.57 Training & Development Coord. $2,084.45 $2,296.75 Transit Coordinator $2,812.73 $3,117.68 Treasury Manager $2,817.51 $2,952.09 Tree Trimmer $1,349.99 $1,388.65 Volunteer Coordinator $1,501.51 $1,724.51 Wastewater Collection Supervisor $2,411.17 $2,643.86 Youth Coordinator $1,392.03 $1,641.20 7-cÁ! ATTACHMENT D BUDGET AMENDMENTS BY DEPARTMENT Department Amount City Council $4,168 City Clerk $11,689 City Attorney $1,968 Administration $30,721 MIS $33,433 Human Resources $66,859 Finance $64,847 Non-Departmental -$22,548 Community Development $59,987 Planning & Building $159,671 Police $213,321 Fire $40,515 Public Works $328,752 Library & Recreation $152,730 Parking Meter $7,788 Central Garage $9,755 BCT $17,469 BCT Bookstore $1,333 Total $1,182,458 This cost will be offset by approximately $522,776 in unanticipated revenue from the sources enumerated in the following table, with the remainder ($659,682) to be funded from the Available Fund Balance in the General Fund. ESTIMATED FUNDING SOURCES Funding Source Amount Charges for Current Services $264,999 Public Facilities DlF Reimbursements $7,976 Capital Improvement Project Reimbursements $25,049 Transportation DlF Reimbursements $4,090 RDA Bayfront/Town Center I Reimbursements' $50,981 RDA Town Center II Reimbursements $6,210 RDA Otay Valley Reimbursements $9,028 RDA Southwest Reimbursements $13,660 RDA Housing Reimbursements $16,970 CDBG Reimbursements $929 Open Space District Fund Reimbursements $9,783 Transit Reimbursements $14,039 Storm Drain Revenue Fund Reimbursements $3,389 Sewer Service Revenue Fund Reimbursements $95,673 Total $522,776 . $18,802.40 is to reimburse NIC timds 7-dd- . --------------- RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING COMPENSATION ADJUSTMENTS FOR CLASSIFICATIONS REPRESENTED BY CVEA AND WCE, AND FOR CLASSIFICATIONS INCLUDED IN THE CATEGORIES OF EXECUTIVE, SENIOR AND MIDDLE MANAGEMENT, CONFIDENTIAL, AND UNCLASSIFIED HOURLY TO BE EFFECTIVE WITH THE PAY PERIOD BEGINNING DECEMBER 31, 1999 AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING THE NECESSARY FUNDING THEREFOR WHEREAS, the last citywide classification/compensation study was conducted in 1988 and since then growth and change have dramatically impacted the classification plan, distorting important internal alignments and creating equity issues; and WHEREAS, pursuant to a September, 1998 Side Letter with CVEA, Attachment A, a Classification Committee was convened to facilitate conduct of a comprehensive compensation review of all management and non-safety classifications, to be followed by a classification study; and WHEREAS, the City Council approved funding for a consultant to conduct a classification/compensation study of all management and non-safety classifications in the current year budget and Shannon Associates was hired to conduct said study in several phases; and WHEREAS, the first step was development of the Pay Policy, Attachment B, which was adopted by Council on June 8, 1999, and WHEREAS, subsequent to adoption of the Pay Policy, benchmark classifications were selected and appropriate labor markets were identified, and WHEREAS, data was then collected through site visits to agencies within San Diego County and via mail survey to others and once received, the data was analyzed by the Consultant to ensure comparability; and WHEREAS, in formulating the recommended adjustments, consideration was given to both labor market data and internal relationships, and WHEREAS, based on market data and/or appropriate internal alignment, the compensation adjustments set forth in Attachment C are the end result and final determination of the Shannon study. 1 7-¿)3 NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve compensation adjustments for classifications represented by CVEA and WCE, and for classifi- cations included in the categories of Executive, Senior and Middle Management, Confidential, and Unclassified Hourly to be effective with the pay period beginning December 31, 1999 as set forth in Attachment C, attached hereto and incorporated herein by reference as if set forth in full. BE IT FURTHER RESOLVED that the budget for fiscal year 1999/2000 budget is hereby amended to provide additional funding by appropriating $1,182,458 to the various departments set forth in Attachment D from the funding sources listed thereon. Presented by Approved as to form by Candy Emerson, Director of ttorney Human Resources H, Ihomelattorneylreeolehannon. app 2 7-;) t/- --.----- - -----. .--- -. ------------- COUNCIL AGENDA STATEMENT Item 8 Meeting Date 1/11/00 ITEM TITLE: Resolution Approving Change Order No.4 for the "I-80S/Telegraph Canyon Road Interchange Improvements in the City of Chula Vista, CA (STM-304)" and Authorizing the Director of Public Works to Execute Said Change Order on Behalf of the City SUBMITTED BY: Director of Public Work~ f REVIEWED BY: City Manager &f" flJ (4/Sths Vote: Yes - NoXJ k...Ç On June 8, 1999, the City Council approved Resolution No.194393 awarding a contract in the amount of$2,539,785.85 to Archer Western Contractors, Ltd. for the "I-805/Telegraph Canyon Road Interchange Improvements (CIP Project No. STM-304)". Change Order No.4, which totals $16,694.54, consists of extra work items required for the construction of two (2) drainage structures within the existing Telegraph Canyon Road median at Station 5+20 to modifY the existing substandard storm drainage system. RECOMMENDATION: That Council approve the Resolution Approving Change Order No.4 for CIP Project No. STM-304,"I-80S/Telegraph Canyon Road Interchange Improvements", increasing the contract by $16,694.54, and authorizing the Director of Public Works to execute said Change Order on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Change Order No.4, which totals $16,694.54, consists of extra work items required for the construction of two (2) drainage structures within the existing Telegraph Canyon Road median at Station 5+20. This work is required because previous work performed by CALTRANS was not adequately reflected in the "As-Built" CALTRANS Drawings for the existing substandard drainage structures used in the design ofthe project plans and specifications. To date, six (6) change orders are being processed. In accordance with Council Policy No. 574-01 Change Orders 1,3 and 6 are under $5,000 and will be executed by the Director of Public Works, Change Orders 2 & 5 are between $5,000 and $10,000 and will be executed by the City Manager, and Change Order 4 is over $10,000, and requires City Council authorization. 5 , Page 2, Item Meeting Date 1/11/00 The change orders were required because of unexpected field conditions and were required to construct the improvements in accordance with CAL TRANS Standards. The change orders to date include: CCO No. I Advanced Warning Signs loS. $633.42 CCO No.2 Relocation ofK-Rail loS. $5,611.58 CCO No.3 Relocation of Street Light and Conduit loS. $1,093.18 CCO No.4 Construction of2 Concrete Drainage Structures loS. $16,694.54 CCO No.5 Construct 3 Landscape Maintenance Turnouts loS. $8,429.31 CCO No.6 Replace and Relay 40 LF of 18" RCP loS. $1,319.62 ------------------------ Total cost of Change Orders I through 6: $33,781.65 Original Contract Amount: $2539.785.85 Revised Contract Amount: $2,573,567.50 Also, the contract time will not be increased due to these change orders to date. It should be added that CALTRANS, under a Cooperative Agreement with the City, will reimburse the City for Change Orders 4 & S. FISCAL IMPACTS: Proposed Change Order 4 ($16,694.54) together with the five (5) other change orders total $33,781.65, increasing the construction contract cost with Archer Western Contractors, Ltd. to $2,573,567.50. The project's contingency fund balance will be reduced tram $254,00.00 to $220,218.35 after the deduction of these change orders. CALTRANS will reimburse the City for $25,123.85 for Change Orders 4 & S. Attachment A: Change Orders No.1 through 6 File No. 0735-l0-STM-304 (H:IHOMEIENGINEERIAGENDAISTM-304A.1l3; 12/21/99, 10:03 am) p-dJ. CHANGE IN CONTRACT CHANGE ORDER NO. 1 DATE: August 16, 1999 FILE: 0735-1 0-STM304 CONTRACT: 1-805/ TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS, (STM-304) CONTRACTOR: ARCHER WESTERN CONTRACTORS, LTD. The following changes shall be made to increase the contract dated June 8, 1999 between the City of Chula Vista and Archer Western Contractors, Ltd. REMARKS AND DETAILS: 1. Install and Maintain two (2) Advanced Warning Signs. The lump sum price shall include full compensation to install, maintain, and remove signs that will provide notice of pending ramp lane closure. LUMP SUM = $633.42 3. Number of additional working days - -L. The agreed lump sum price given is considered to be full cost for furnishing all tools, labor, malerials, equipment, incidental costs, overhead and fees for performing the work in this contract change and no additional compensation will be due. ORIGINAL CONTRACT PRICE: $2,539,785.85 PREVIOUS CHANGE ORDERS: $ 0.00 THIS CHANGE ORDER: $ 633.42 REVISED TOTAL CONTRACT PRICE: $2,540,419.27 '(Aggregate Total of Change Orders: $633.42) It is agreed by the undersigned that all extra work shall be performed and materials furnished according to the original conlract and according to the slatement, if any, attached hereto. APPROVED BY ACCEPTED BY ORDERED BY g¡~~-- t('ì;'V:~ (/ 0 n P, Lippitt ames. tYmm Director of Public Works Archer Western Contractors 8775 Aero Drive, Suite 335 San Diego, CA 92123 (H:I..llnspectionIChg_OdrISTM304-1.CCO; mji) p-;:; -... ------.----- .--____n~_____-----'-' CHANGE IN CONTRACT CHANGE ORDER NO.2 DATE: December 1,1999 FILE: 0735-10-STM304 CONTRACT: I-80S/TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS (STM-304) CONTRACTOR: ARCHER WESTERN CONTRACTORS, LTD. The following changes shall be made to increase the contract dated June 8, 1999 (Resolution No. 19493) between the City of Chula Vista and Archer Western Contractors, Ltd. REMARKS AND DETAILS: 1 K-Rail moving operations on September 16 & 17 and on October 22, 1999. LUMP SUM: $5,611.58 2 Number of additional working days - 0 The agreed upon lump sum price given is considered to be full cost for furnishing all tools, labor, materials, equipment, incidental costs, overhead and fees for performing the work in this contract change and no additional compensation will be due. ORIGINAL CONTRACT PRICE: $2,539,785.85 PREVIOUS CHANGE ORDERS: $633.42 THIS CHANGE ORDER: $5 611 58 REVISED TOTAL CONTRACT PRICE: $2,546,030.85 (Aggregate Total of Change Orders: $6,245.00 ) It is agreed by the undersigned that all extra work shall be performed and materials furnished according to the original contract and according to the statement, if any, attached hereto. ORDERED BY ACCEPTED BY Clifford L. Swanson James R. Lumm Deputy Public Works Director/ Archer Western Contractors City Engineer 8775 Aero Drive, Suite 335 San Diego, CA 92123 RECOMMENDED BY APPROVED BY JOHN P. LIPPITT David D. Rowlands, Jr. Director of Public Works City Manager (Stm304.xls; shl CCO-2) S)-~ CHANGE IN CONTRACT CHANGE ORDER NO.3 DATE: November 2, 1999 FILE: 0735-10-STM304 CONTRACT: 1-805/ TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS (STM-304) CONTRACTOR: ARCHER WESTERN CONTRACTORS, LTD. The following changes shall be made to increase the contract dated June 8,1999 (Resolution No. 19493) between the City of Chula Vista and Archer Western Contractors, Ltd. REMARKS AND DETAILS: 1 Relocation of street light luminaire and conduit on September 1, 1999 LUMP SUM: $1,093.18 2 Number of additional working days - 0 The agreed upon lump sum price given is considered to be full cost for furnishing all tools, labor, materials, equipment, incidental costs, overhead and fees for performing the work in this contract change and no additional compensation will be due. ORIGINAL CONTRACT PRICE: $2,539,785.85 PREVIOUS CHANGE ORDERS: $6,245.00 THIS CHANGE ORDER: $109318 REVISED TOTAL CONTRACT PRICE: $2,547,124.03 (Aggregate Total of Change Orders: $7,338.18 ) It is agreed by the undersigned that all extra work shall be performed and materials furnished according to the original contract and according to the statement, if any, attached hereto. ORDERED BY ACCEPTED BY APPROVED BY Clifford L. Swanson James R. Lumm John P. Lippitt Deputy Public Works Director! Archer Western Contractors Director of Public Works City Engineer 8775 Aero Drive, Suite 335 San Diego, CA 92123 (Stm304.xls; shl. CCO-3) ?-s CHANGE IN CONTRACT CHANGE ORDER NO.4 DATE: December 2, 1999 FILE: 0735-10-STM304 CONTRACT: 1-805 I TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS (STM-304) CONTRACTOR: ARCHER WESTERN CONTRACTORS, LTD. The following changes shall be made to increase the contract dated June 8, 1999 (Resolution No. 19493) between the City of Chula Vista and Archer Western Contractors, Ltd. REMARKS AND DETAILS: 1 Construct structures in TCR Median near Station 5+20. Work includes excavation, backfilling and paving repairs. LUMP SUM: $16,694.54 2 Number of additional working days - 0 The agreed upon lump sum price given is considered to be full cost for furnishing all tools, labor, materiais, equipment, incidental costs, overhead and fees for performing the work in this contract change and no additional compensation will be due. ORIGINAL CONTRACT PRICE: $2,539,785.85 PREVIOUS CHANGE ORDERS: $7,338.18 THIS CHANGE ORDER: $1669454 REVISED TOTAL CONTRACT PRICE: $2,563,818.57 (Aggregate Total of Change Orders: $24,032.72 ) It is agreed by the undersigned that all extra work shall be performed and materials furnished according to the original contract and according to the statement, if any, attached hereto. ORDERED BY ACCEPTED BY APPROVED BY Clifford L. Swanson James R. Lumm John P. Lippitt Deputy Public Works Director/ Archer Western Contractors Director of Public Works City Engineer 8775 Aero Drive, Suite 335 San Diego, CA 92123 (Stm304.xls; sht. CCO-4) P-rc CHANGE IN CONTRACT CHANGE ORDER NO.5 December 6, 1999 0735-10-STM304 CONTRACT: 1-805/ TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS (STM-304) CONTRACTOR: ARCHER WESTERN CONTRACTORS, L TO. The following changes shall be made to increase the contract dated June 8, 1999 (Resolution No. 19493) between the City of Chula Vista and Archer Western Contractors, Ltd. REMARKS AND DETAILS: 1 Construct three (3) landscape maintenance turnouts. Work includes grade preparation and Aggregrate Base/Asphalt Concrete placement. LUMP SUM: $8,429.31 2 Number of additional working days - 0 The agreed upon lump sum price given is considered to be full cost for furnishing all tools, labor, materials, equipment, incidentai costs, overhead and fees for performing the work in this contract change and no additionai compensation will be due. ORIGINAL CONTRACT PRICE: $2,539,785.85 PREVIOUS CHANGE ORDERS: $24,032.72 THIS CHANGE ORDER: $842931 REVISED TOTAL CONTRACT PRICE: $2,572,247.88 (Aggregate Total of Change Orders: $32,462.03 ) It is agreed by the undersigned that all extra work shall be performed and materials furnished according to the original contract and according to the statement, if any, attached hereto. ORDERED BY ACCEPTED BY Clifford L. Swanson James R. Lumm Deputy Pubiic Works Director! Archer Western Contractors City Engineer 8775 Aero Drive, Suite 335 San Diego, CA 92123 RECOMMENDED BY APPROVED BY JOHN P. LIPPITT David D. Rowlands, Jr. Director of Public Works City Manager (Stm304.xls; sht. eeO-5) [J-7 CHANGE IN CONTRACT CHANGE ORDER NO.6 December 6, 1999 0735-10-STM304 CONTRACT: 1-805 / TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS (STM-304) CONTRACTOR: ARCHER WESTERN CONTRACTORS, L TO. The following changes shall be made to increase the contract dated June 8,1999 (Resolution No. 19493) between the City of Chula Vista and Archer Western Contractors, Ltd. REMARKS AND DETAILS: 1 Remove and re-Iay 40 LF of 18" RCP on storm drain system 4 to clear irrigation crossing (Sta. 350+80) LUMP SUM: $1,319.62 2 Number of additional working days - 0 The agreed upon lump sum price given is considered to be full cost for furnishing all tools, labor, materials, equipment, incidental costs, overhead and fees for performing the work in this contract change and no additional compensation will be due. ORIGINAL CONTRACT PRICE: $2,539,785.85 PREVIOUS CHANGE ORDERS: $32,462.03 THIS CHANGE ORDER: $131962 REVISED TOTAL CONTRACT PRICE: $2,573,567.50 (Aggregate Total of Change Orders: $33,781.65 ) It is agreed by the undersigned that all extra work shall be performed and materials furnished according to the original contract and according to the statement, if any, attached hereto. APPROVED BY ACCEPTED BY ORDERED BY Clifford L. Swanson James R. Lumm John P. Lippitt Deputy Public Works Director/ Archer Western Contractors Director of Public Works City Engineer 8775 Aero Drive, Suite 335 San Diego, CA 92123 (Stm304.xls; shl. CCO-6) !?-¿:' .- - -...-....-----.----- RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. 4 FOR THE "I-80S/TELEGRAPH CANYON ROAD INTERCHANGE IMPROVEMENTS IN THE CITY OF CHULA VISTA, CA. (STM-304) " AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY WHEREAS, on June 8, 1999, the city Council approved Resolution No. 194393 awarding a contract in the amount of $2,539,785.85 (plus contingencies of $254,000.00) to Archer Western Contractors, Ltd. for the "I-80S/Telegraph Canyon Road Interchange Improvements (CIP Project No. STM-304)"; and WHEREAS, Change Order No. 4, which totals $16,694.54, consists of extra work items required for the construction of two (2) drainage structures within the existing Telegraph Canyon Road median at Station 5+20 to modify the existing substandard storm drainage system. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve Change Order No. 4 for the I-80S/Telegraph Canyon Road Interchange Improvements in the city of Chula Vista, CA. (STM-304) increasing the contract amount by $16,694.54. BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized and directed to execute said Change Order No. 4 on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works H, \home\attorney\re'0\80S. c04 P-9 CJ COUNCIL AGENDA STATEMENT Item Meeting Date 1/11/00 ITEM TITLE: Public Hearing to consider the modification of the existing Transportation Development Impact Fee Urgency Ordinance Amending Ordinance No. 2251, relating to Development Impact Fee to pay for transportation facilities in the City's Eastern Territories SUBMITTED BY: Director OfPUbl~ workf':r REVIEWED BY: City Manager~~)1!-' (4/5ths Vote: Yes l No.-> On November 16, 1999 Council approved Urgency Ordinance No. 2801-A, amending the Transportation Development Impact Fee (TDIF) Ordinance No. 2251 and introduced Ordinance No. 2802, adopting and codifYing the new Transportation Development Impact Fee. A second Urgency Ordinance was approved by Council on December 14, 1999 and will expire January 15, 2000. Tonight's proposed Urgency Ordinance will enable the City to continue to collect the fee during the 60-day waiting period before the regular ordinance becomes effective. The public hearing has been duly noticed. RECOMMENDATION: That Council conduct the public hearing and approve the Urgency Ordinance amending Ordinance No. 2251. BOARDS/COMMISSIONS RECOMMENDATION: .Not applicable. DISCUSSION: The TDIF Update Ordinance 2802 was introduced on November 16, 1999 and approved on November 30,1999. It will become effective January 29, 2000. Urgency Ordinance 2801-A expired on December 16, 1999, 30 days after its adoption. The first extension to the Urgency Ordianace was approved by Council on December 14, 1999 and will expire January 15,2000. Tonight's second extension of the Urgency Ordinance will maintain the new fee until the regular Ordinance becomes effective. The new TDIF fee approved by council on November 30, 1999 is $5,920 per equivalent Dwelling Unit and is the same fee adopted in the urgency ordinance. Table 1 below presents the rates for the different land uses: 9-1 Page 2, Item Meeting Date 1/11/00 Table 1. Proposed Fee Single Family Detached (SFD) $ 5,920 Single Family Attached (SF A) $ 4,736 Multi Family (MF) $ 3,552 Industrial (Acre) $ 88,800 Commercial (Acre) $ 148,000 Commercial (High Rise) (Acre) $ 236,800 Golf Course (18 holes) $ 414,400 Medical Center (Acre) $ 384,800 Senior Housing (Unit) $ 2,368 Findin2s The Urgency Ordinance makes certain findings in order to implement the immediate increase in the Transportation Development Impact Fee, some of which are outlined below: . There is a threat to public safety which will result should there be a shortfall in the amount of money necessary to pay for the various transportation facilities . That developers in the eastern territory should be required to mitigate the burden oftraffic impacts . That the amount of the fee does not exceed the estimated cost of providing transportation facilities FISCAL IMPACT: The Transportation Development Impact Fee, as for all of the City's Development Impact Fees are accounted for in funds separate trom the general fund. There is no impact to the general fund except the latent cost of additional maintenance as the circulation network increases. These maintenance costs may be offset with additional gas tax funds resulting tram the increased development. Exhibits: I Council Agenda Statement for November 16, 1999 TNHX051 H: IH 0 MEIEN G INEER \LAND DEVI TD ¡Fapdotel Urgency2. doc 12/15/992:00:51 PM «- ;;l. EXHIBIT 1 COUNCIL AGENDA STATEMENT Item /3 If Meeting Date...!lLlGL22 ITEM TITLE: Public Hearing to. consider the modification of the existing Transportation Development Impact Fee Resolution jq¡p {? Accepting a report prepared by Project Design Consultants recommending an updated Transportation Development Impact Fee to mitigate transportation impacts within the City's Eastern Territories Ordinance "Ç'(p ~ '1 Amending the Transportation Development Impact Fee Program, adding chapter 354, Development Impact Fee to Pay for Transportation Facilities in the City's Eastern Territories, to the Municipal Code and repealing Ordinance 2251 and amendments thereto.. Urgency Ordinance /9 tit () Amending Ordinance No. 2251, relating to Development Impact Fee to pay for transportation facilities in the City's Eastern Territories SUBMITTED BY: Director of Public work1¥ REVIEWED BY: City Manager (4/Sths Vote: Yes....x.. No_) The City's Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988 by Ordinance 2251. Since its inception, the program has been updated several times to. reflect new land uses approvals, changes to the Circulation Element of the General Plan, and updated project cost estimates. The last TDIF update was approved in 1993. Tonight, Council will consider the approval of the 1999 TDIF update recommending an increase trom the current fee of$3,998 to $5,920 per Equivalent Dwelling Unit (EDU). The proposed Urgency Ordinance will enable the City to collect the fee during the 60-day waiting period before the regular ordinance becomes effective. The public hearing has been duly noticed. RECOMMENDATION: That Council: 1. Conduct the Public Hearing. 2. Approve the Resolution accepting the report prepared by Project Design Consultants. 3. Approve the Ordinance amending Ordinance No. 2251 (first reading). 4. Approve the Urgency Ordinance amending Ordinance No. 2251. BOARDS/COMMISSIONS RECOMMENDATION: The Economic Development Commission has reviewed the proposed increase but offered no recommendation. DISCUSSION: 1999 TDIF Update New developments place demands on the existing transportation intrastructure, which can be mitigated by upgrading existing and/or constructing new transportation facilities. Chula Vista's TDIF program functions as a system to distribute the cost of constructing infrastructure facilities in '7-3 Page 2, Item- Meeting Date 11/16/99 an equitable manner among new development in Eastern Chula Vista. The proceeds trom the fee are used to construct new transportation improvements. On October 13, 1998 Council retained Project Design Consultants for updating the TDIF program. The amount of the TDIF fee has not been updated since 1993. During this time extensive land use changes have been approved. In addition, the number of roadway facilities and the cost of constructing these facilities have increased substantially. The 1999 update incorporates the following major changes: . Inclusion of the Otay Valley Parcel of the Otay Ranch, which adds 24,067 EDU's and the extensive transportation network needed to serve those properties. . New fee rates for Senior Housing, and High Rise Commercial; changes in the rates for Industrial uses and Golf Course; removal ofthe Olympic Training Center category (a brief discussion is presented in this report). . Update the project cost estimates to 1999 prices. . Provisions to annually adjust the fee on October 1 of each fiscal year based on the previous year's change in the July to July Engineering News Record 20 City Construction Cost Index without further Council action. . Addition of a provision to permit the City, in its discretion, to enter into an agreement with a developer to convert excess credit into EDU and/or gross acre (commercial and industrial) credits for use against future TDIF obligations at the fee rate in effect on the date of the agreement. Exhibit 1 shows the Project Funding Requirements of $218,257,679. This amount includes $210,439,610 for facility construction, $6,313,188 for Program Monitoring (3% of the TDIF program cost), and $10,504,881 in TDIF credits. Exhibit 1 also shows a TDIF fund cash balance of $5,000,000, which is available for funding TDIF facilities or related activities. The Program Monitoring will fund City's TDIF administration, and the cost of consultants and City staff participating in related projects/activities (i.e. fee updates, traffic monitoring program, lobbying the State for more transportation funds). City's records shows that these costs average between $260,000 and $300,000 per year. Three percent of the Facility cost estimate total is approximately $6,313,188. If spread equally over 20 years, the annual revunue would be $315,660 per year. However, many of the building permits will already have full credit based on projects completed and will not pay fees. In addition, there are several projects, such as the treeway interchanges, which will be done by the City and not developers. Therefore, in order to have a cash flow great enough to fund those projects and the Program Monitoring costs, staff believes that the fee could be reduced trom the current 5% to a 3% Program Monitoring factor. The 1999 update recommends a TDIF of $5,920 per EDU. Table 1 below presents the rates for the different land uses. 1-'1 Page 3, Item - Meeting Date 11116/99 Table 1. Proposed Fee Single Family Detached (SFD) $ 5,920 Single Family Attached (SFA) $ 4,736 Multi Family (MF) $ 3,552 Industrial (Acre) $ 88,800 Commercial (Acre) $ 148,000 Commercial (High Rise) (Acre) $ 236,800 Golf Course (18 holes) $ 414,400 Medical Center (Acre) $ 384,800 Senior Housing (Unit) $ 2,368 Basis and Methodology The basis and methodology used in calculating the fee in this update is consistent with the basis and methodology used in the "Interim Eastern Area Development Impact Fee For Streets" adopted in January 1988 and also the "Eastern Area Development Impact Fees For Streets" adopted in January 1990. One of the primary assumptions in the formulation of the previous fees is that the need for additional public facilities is generated by new development and the cost of the facilities should be paid by that new development. The first step in this update was to determine which road improvements are required to be constructed in order to maintain an acceptable level of service on the City's circulation system east ofI-80S which are not included in normal subdivision exactions because those segments lie between two or more major developments rather than running through one development. The improvements which are to be constructed will serve the entire benefit area by either providing roads for residents, employees, or customers to use, or by providing new streets for existing traffic, thus treeing up capacity on existing streets which can be used by new development. After reviewing traffic models, development proposals, future connections to SR-12S and I-80S, and land use patterns, a system ofroads carrying traffic primarily regional in nature was adopted. Some roads, which carry a lower volume oftraffic, were included because they provided connections to future SR-12S and/or were between future village developments and would be needed by more than one of those villages to access other regional routes. The next step was to determine the method upon which the costs for the improvements would be spread. One of the most common tools used to equate benefit impact fees among the different land uses and densities is the "Equivalent Dwelling Unit" or "EDU". There is a clear relationship between the use of transportation facilities and the generation oftraffic trips based on the land use and density of a specific parcel. As in previous methodologies, this update is based on the report "San Diego Traffic Generators", published by SANDAG. This report details the traffic trips generated by various classes of land use. The cost of all the required improvements has been spread equally based on the number of "Equivalent Dwelling Units" regardless of the location of any particular improvement relative to the development. The proposed street improvements which are required outside of normal subdivision exactions are based on an analysis of the circulation system for various levels of development within the entire 9-5 .._---~-_.- Page 4, Item- Meeting Date 11/16/99 area of benefit, which is discussed below. All of proposed street projects included are consistent with the General Plan and Specific Plans that have been adopted by the City Council and are required by the City's Growth Management Ordinance as a condition to all development within the area of benefit in order to maintain acceptable levels of service on the major roadways. The absence of contiguity to the proposed street projects is not essential to conferring a benefit to properties. The area of benefit is based on an analysis of impacts on the total circulation system east ofI-80S for various stages or increments of cumulative development within the total area of benefit. The circulation system must be viewed as a whole. Each of the proposed street projects will provide a benefit to every development because traffic fTom anyone development will utilize the entire system to access work, commerce, schools, residences and the many other land uses throughout the City. It is difficult, ifnot impossible to isolate the value of any single street to any particular development because of the nature of traffic. A failure in any part of the system will have a negative impact in other parts of the system and traffic tram the development closest to an impacted segment of street will be just as affected as traffic trom a more distant development. The analogy of a water system is sometimes used where constrictions or breaks in any part of the system will have significant impacts on the whole system. Area of Benefit The TDIF program encompasses all properties within the City's jurisdiction located south of Bonita Road and east ofI-805 (see Exhibit 2). The proposed area of benefit contains a total of33,868.8 EDU's. Table 2 below gives a summary of the development forecast within the Area of Benefit. Table 2. Development Forecast Project Total EDU's Remaining Otay Ranch 23,002 Eastlake I) 9,027 Sunbow 1,551 Rolling Hills Ranch 1,752 Rancho del Rey 76 San Miguel Ranch 1,608 MWD Golf Course 70 Adjustment for Private High chool 2) -250 Telegraph Canyon Estates 32 Total 36,869 1) Includes 1,989 EDU's for the Kaiser Hospital site developed as a hospital in accordance with the existing development agreement. 2) 250 EDU's are subtracted to reflect the fact that this type of use (Community Purpose Facility) is exempted from the TDIF. 9-~ - ----------------~------------- Page 5, Item- Meeting Date I 1/16/99 The program also includes the proposed resort at the Chula Vista Municipal Golf Course, located north of Bonita Road, which will benefit from the proposed TDIF improvements. However, since no specific development proposal has been yet approved, no EDU's were included in this update. The TDIF for the resort will be brought to Council following the required land use approval. The TDIF report excludes Villages 9 and 10 of the Otay Ranch (which have a primary land use designation as the University site) and related roadway improvements tram the Area of Benefit. The secondary land uses (i.e., residential and commercial) are identified in the report but not counted towards the EDU's generating fees. A fmal recommendation on the TDIF for this planning area will be presented to Council upon approval of its ultimate land use. Transportation Facilities There are 49 projects within the proposed TDIF program (See Exhibit 3). The cost estimate for constructing these roads is $210,439,610. This cost includes a 15% allowance for contingencies, 6% for design, 6% for construction inspection/project management, and 2% on each project for the City's administration/audit. This update includes most roads in the current Circulation Element of the General Plan. The roads added include: Proctor Valley Road tram Hunte Parkway to East City Boundary Mt. Miguel Road trom Proctor Valley Road north to Proctor Valley Road south Willow Street tram Bonita Road to Sweetwater Road BrandywinelMedical Center Dr. tram Medical Center Court to Olympic Parkway Birch Road tram La Media Road to Hunte Parkway Rock Mountain / Alta Road tram Otay Valley Rd to Eastlake Parkway Eastlake Parkway trom Olympic Parkway to Rock Mountain Road Hunte Parkway tram Olympic Parkway to Birch Road Mt. Mignel Road, Proctor Valley Road (south) to Proctor Valley Road (north) La Media Road trom Olympic Parkway to South City Boundary (including one-half the cost ofthe bridge over the Otay River) Otay Valley Road trom I-80S to SR-12S Paseo Ranchero tram Olympic Parkway to South City Boundary (including one-half the cost of the bridge over the Otay River) As indicated, nearly all of the roads on the General Plan south of Olympic Parkway have been added to the TDIF with the following exceptions: . Those streets within the area of the Proposed University Site (Villages 9 and 10 of the Otay Ranch). At this point, that area and related road improvements are not included in the TDIF program. It is anticipated that the University, if approved, would be responsible for constructing suitable transportation facilities. If the University is not constructed and the area develops according to the approved alternative, future updates will incorporate said area and related facilities into the program. This report also excludes the traffic EDU's contained within the proposed University site. The elimination of both the roads and land uses in the University site 9'-7 Page 6, Item- Meeting Date 11/16/99 does not cause this proposed fee to be substantially different than the fee would be with both the university land use and the additional roads included. . The southerly Y2 of the La Media and Paseo Ranchero bridge crossings over the Otay River. There are three crossings proposed over the Otay River. The TDIF program assumes that Chula Vista will provide for the cost of constructing the northerly half of the Paseo Ranchero and La Media crossings. Chula Vista traffic will be using these facilities to access the Otay Mesa industrial areas (within the City of San Diego) and the Otay Border crossing. It is anticipated that the City of San Diego would fund the southerly half. Any different split on the financing (which may be determined in the future) will be incorporated in future updates. The Alta Road crossing was not included in the TDIF program because it is not considered an essential component ofChula Vista's network. Said bridge would primarily benefit the City of San Diego properties by providing access to Chula Vista's street network. In addition to roads, the TDIF is also funding portions of treeway interchange improvements and bridges in the amount of$34,IS8,760 (see Exhibit 4). TDIF Credit There are a number of developers who have constructed TDIF roads in the past and maintain a credit against future TDIF fees in the total amount of $10,504,881. These credits are summarized in Exhibit 5. The existing TDIF Ordinance makes an advanced credit available to developers who proposed to construct TDIF roads in the amount of7S%ofthe cost estimate. This update will delay the timing of the 75% advanced credit until after valid bids for the project have been approved by the Director of Public Works. A 50% advanced credit will be make available to the developer for the time period after Director of Public Works has approved the cost estimate but has not approved the bids. EDU Rates Government Code 66000 requires that the City establish a reasonable relationship between the projects to be funded and the fee. The TDIF program uses the Equivalent Dwelling Unit (EDU) as the tool to equate benefit impact fees among the different land uses. As indicated above, Average Daily Traffic (A.DT) generation rates published by SANDAG are used to determine the impacts of the different land uses categories on the transportation system. Each land use category is assigned a specific EDU rate. A single family detached residential unit with an A.DT of 10 trips is equal to 1 EDu. The EDU rates for other land uses are determined using the applicable trip generation ratio. Table 3 presents a comparison between the current and proposed rates. r:r-fl -----~--_.------' Page 7, Item- Meeting Date 11/16/99 Table 3. EDU Rates Single Family Detached (SFD) 1 EDUIDU 1 EDUIDU Single Family Attached (SF A) 0.8 EDU/ DU 0.8 EDU/ DU Multi Family (MF) 0.6 EDUIDU 0.6 EDUIDU Industrial 20 EDU/Acre 15 EDU/Acre Commercial 25 EDU/Acre 25 EDU/Acre High Rise Commercial N/A 40 EDU/Acre Olympic Training Center (OTe) 3.33 EDU/Acre N/A Adjacent to OTC 35 EDU/Acre (Standard Commercial) Golf Course 0.8 EDU/Acre 70 EDU/18 holes Senior Housing N/A 0.4 EDU/Acre Kaiser Medical Center 65 EDU/Acre 65 EDU/Acre Following is a brief discussion on the EDU rate schedule: . No changes are proposed for the residential rates (SFD, SF A and MF) and the Commercial rate. . The Industrial rate is reduced tram 20 to 15 EDU's per acre. SANDAG provides several classifications for industrial uses depending on the amount of commercial uses permitted within the industrial park. Previously, the TDIF used a traffic generation rate of 20 EDU's per acre based on an industriallbusiness park designation which has a substantial commercial component. The SANDAG report gives rates for other types of industrial uses which are lower than that given for an industriallbusiness park with a substantial commercial component. After reviewing all of the classifications and the typical uses anticipated for the proposed industrial components of the General Plan, it has been determined that the commercial component of the industrial development will be significantly less than previously anticipated. The 1999 update proposes a rate of 15 EDU's per acre. . High Rise Commercial is a new classification applicable to buildings 5 stories or greater in height. The Otay Ranch General Development Plan designates 25 acres for MediumlHigh Rise Office Commercial in the proposed Eastern Urban Center. By virtue of the higher density, High Rise will typically generate more trips than regular commercial uses. A rate of 40 EDU's per acre (which is higher than the 25 EDU's assigned to regular commercial uses) is recommended for this land use. . The Olympic Training Center (OTC) category has been eliminated. OTC fees have been already prepaid for subsequent areas ofthe development. Golf Courses have been modified to convert the fee trom a per acre basis to a per course basis. This is being done to not penalize the golf courses that encompass a larger area while drawing the same number of trips (i.e. the 254-acre proposed Otay Water District golf course). The new fee of70 EDU's per 18-hole golf course, as included in the update, is based on SANDAG data for all golf courses including high use public courses. However, since private golf courses generally do not have the same high intensity of use, the ordinance provides a method to equitably make adjustments. This method requires a preliminary traffic study of golf courses similar to the type proposed and an agreement 9-9 Page 8, Item- Meeting Date 11/16/99 with the developer to pay an interim fee. The developer must also agree to do a traffic study of the golf course in its fourth year of operation and to pay the actual fee based on that study. . Senior Housing is a new classification with a fee rate of 0.4 EDU based on SANDAG statistics. Although no property within the area is currently designated for this use, staff recommends establishing the rate to clarify the City's intent regarding appropriate fees for such use. The existing TDIF program exempts religious facilities, public and private schools, day care establishments (non-profit only), Social Services facilities, and senior care and recreation. This update does not change that exemption. Meetings with the Development Community Staff has had numerous meetings with the development community throughout the update process (November 9,1998 through October 20, 1999). Issues raised by the developers were discussed and resolved. As a result ofthese discussions, several changes and modifications were incorporated into the program. Most concerns raised during this process were related to the cost of the Program Monitoring (i.e. City's administration). As mentioned early in this report, staff proceeded to review the actual Program Monitoring expenditures, which resulted in lowering said cost tram 5% to 3% of the TDIF program cost. The development community was also concerned about the impact of the amount of the TDIF on commercial and industrial development. Staff is looking at ways to reduce that impact and will bring a report back to the Council late this fiscal year or early next year. Environmental Review As most of the facilities and land use changes result tram the inclusion of the Otay Ranch, the Environmental Review Coordinator recommended an addendum to the Otay Ranch Environmental Impact Report (EIR 90-01). Initial Study 99-19 was processed and the Environmental Review Coordinator has determined that the 1999 TDIF update will not result in significant impacts pursuant to Section 15164 of the State CEQA Guidelines. It should also be mentioned that the TDIF program includes $6,240,000 for funding habitat mitigation that may be triggered by the construction of the facilities. Proposed Ordinances. By enacting the proposed ordinances, Council would be accomplishing the following: The "Ordinance Amending Ordinance No. 2251" will establish a new TDIF of $5,920 per EDU and will amend the existing TDIF program to include all the properties and transportation facilities identified in the report. This ordinance will become effective 60 days after the second reading. Assuming that the second reading and adoption of the TDIF update takes place at the November 23, 1999 Council Meeting, the new fee will be in effect as of January 22, 2000 and collected with building permits issued on or after January 24, 2000. The "Urgency Ordinance" would go into effect immediately and will enable the City to collect the fee during the 60-day waiting period for the regular ordinance to become effective. This ordinance is only valid for 30 days (November 16, 1999 through December 16, 1999), and therefore, it will necessary to notice and hold a second and third hearing in order to extend the urgency ordinance in 30 day increments until the permanent ordinance becomes effective. The first extension will be 1"- J 0 Page 9, Item- Meeting Date 11116/99 brought to Council at the December 14, 1999 meeting extending the urgency ordinance trom December 16,1999 through January 15,2000. The second extension will be brought to Council at the January 11, 2000 meeting extending the urgency ordinance trom January 15,2000 through the effective date of the permanent ordinance on January 22, 2000. An approval of 4/Sth's vote will be needed for all urgency Ordinances. Staff recommends that the TDIF go into effect immediately by adopting the Urgency Ordinance in order that all developments pay their fair share of the cost of public transportation improvements relating to the impacts caused by their development. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to pay for the various transportation facilities thereby resulting in severe congestion and failure ofthe public transportation network necessary to serve the increased population. The prospect of a shortfall, failure of the street system and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety justifYing the immediate imposition of this fee. FISCAL IMPACT: The Transportation Development Impact Fee, as for all of the City's Development Impact Fees, maintain funds separate funds tram the general fund. There is no impact to the general fund except the latent cost of additional maintenance as the circulation network increases. These maintenance costs may be offset with additional gas tax funds resulting from the increased traffic. Exhibits: 1. Program Funding Requirements 2. Area of Benefit 3. Transportation Facilities 4. Interchanges and Bridges financed by TDlF 5. TDlF credits 6. Fourth Addendum to EIR-90-0l (I.S.-99-l9) Attachment: Engineer's Report TAl HXO51 tí'[ H : \H 0 MEIEN G INEER ILAN D D E VI TD lFupctateldraftýioc 1l/3/993:41:51PM 9-// -----------.--------.-------.--------- ORDINANCE NO ~Dr~ c.. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING ORDINANCE NO. 2251, RELATING TO DEVELOPMENT IMPACT FEE TO PAY FOR THE TRANSPORTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES WHEREAS, the City Council placed Ordinance No. 2802 on first reading on November 16, 1999 increasing the development impact fee to finance transportation facilities within the City of Chula Vista, and WHEREAS, pursuant to Government Code Section 66017(a), the fees increased by that ordinance will not become effective until sixty (60) days after its second reading, and WHEREAS, developments in the City which will impact various transportation faciiities will be applying for building permits during the interim period before the development impact fee increase becomes effective, and WHEREAS, Government Code Section 66017(b) authorizes the City to adopt an interim fee as an urgency measure upon making a finding describing the current and immediate threat to the public health, welfare, and safety, and WHEREAS, said interim measure will be effective for thirty (30) days and may be extended twice for additional thirty (30) day periods upon subsequent action by the City Council, and WHEREAS, the City adopted Urgency Ordinance No. 2801-A, amending Transportation Development Impact Fee Ordinance No. 2251, which will expire on December 16,1999; and WHEREAS, the City adopted Urgency Ordinance No. 2801-B, amending Transportation Development Impact Fee Ordinance No. 2251, which will expire on January 13, 2000; and WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the proposed update of the Transportation Development Fee (including the interim measure) have been previously addressed by EIR 90-01 (Otay Ranch GDP Program EIR) and has therefore prepared an addendum to that document, and WHEREAS, the City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified EIR 90-01 (Otay Ranch GDP Program EIR), and WHEREAS, the City's Environmental Review Coordinator has reviewed the update to the Transportation Development Impact Fee (including the interim measure) and prepared an addendum to EIR 90-01 (Otay Ranch GDP Program EIR) which concluded that updating the Transportation Deveiopment Impact Fee would not result in significant impacts pursuant to 1 '7-/eJ- Section 15164 of the State CEQA Guidelines, and therefore found that the revisions would result in only minor technical changes or additions which are necessary to make the EIR adequate under CEQA, and WHEREAS, state law requires said urgency ordinance to be adopted by a four-fifths vote. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: FINDINGS The City Council finds that developers of land within the Eastern Territory should be required to mitigate the burden created by development through the construction of transportation facilities within the boundaries of the development, the construction of those transportation facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards and the payment of a development impact fee to finance the development=s portion of costs of the transportation network; and, The City Council finds that the legislative findings and determinations set forth in Ordinance No. 2251 continue to be true and correct; and, The City Council finds, after consideration of the evidence presented to it inciuding the "Eastern Area Development Impact Fees for Streets 1999 Update", that certain amendments to Ordinance No. 2251 are necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve the eastern territories by the development impact fee; and, The City Council finds, based on the evidence presented at the meeting, the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development in the eastern territories for which building permits have not been issued is necessary in order to protect the public health, safety and welfare and in order to assure effective implementation of the City's General Plan; and, The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the transportation facilities; and, The City Council finds that it is appropriate to resolve the fees for commercial land uses to reflect the fact that many of the trips associated with the commercial land uses are in fact, trips associated with other land uses that incorporate an intermediate stop at a commercial land use (passerby trips); and, The City Council finds it is necessary to ensure the timely payment of the "DIF program monitoring" cost item, included in Table E "Program Funding Requirements" of the Financial and engineering study to adequately fund ongoing and future administration activities and studies; and, 2 1-/3 ~I I The City Council finds that reduction of trips from commercial land uses may place an inordinate burden on commercial land uses where public facility assessments have been placed on the affected properties in anticipation of payment of transportation fees, and as a result of said adjustment, the proposed fees are now lower than the value of the assessments; and, The City Council finds that the Addendum prepared to EIR 90-01 reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to EIR 90-01. SECTION 2: Findinq of Urqency. That the City Council of the City of Chula Vista finds that it is necessary that its development impact fee for transportation facilities go into effect immediately in order that all properties in the eastern section of the City pay their fair share of the cost of public transportation improvements relating to the impacts caused by their development. Immediate implementation of this fee is necessary due to the current and immediate threat to public safety which will result should there be a shortfall in the amount of money necessary to pay for the various transportation facilities thereby resulting in severe congestion and failure of the public transportation network necessary to serve the increased population. The City Council finds that the prospect of a shortfall, failure of the street system and concerns about an increased charge to remaining property owners constitutes a current immediate threat to the public health, welfare and safety justifying the immediate imposition of this fee. SECTION 3: That the Development Impact Fee Schedule set forth in Section 1 (c) of Ordinance No. 2251, as amended by Ordinance No. 2671, shall be amended to read as follows: 1.(c) The fee for each development shall be calculated at the time of building permit application based upon the following schedule: Development Type Transportation Fee Single Family Detached Dwelling $5,920/ Dwelling Unit Single Family Attached Dwelling $4,736/ Dwelling Unit Multi-Family Dwelling $3,552/ Dwelling Unit Senior Housing $2,368/ Dwelling Unit Commercial $148,000/ Gross Acre Commercial (High Rise) $236,800/ Gross Acre Industrial $88,800/ Gross Acre Golf Course $414,400/ Golf Course Medical Center $384,800/ Gross Acre The amount of the fee shall be adjusted, starting on October 1, 2000, and on each October 1st thereafter, based on the one year change (from July to July) in the 20 City Construction Cost Index as published monthly in the Engineering News Record. For Reference purposes, the July 1999 20 City Construction Cost Index is 3 j- ¡'f - I 6076.25. Adjustments to the above fees based upon the Construction Cost Index shall be automatic and shall not require further action of the City Council. The City Council shall at least annually review the amount of the fee. The City Council may adjust the amount of the fee as necessary to reflect changes in the type, size, location or cost of the Transportation Facilities to be financed by the fee, changes in land use designations in the City=s General Plan, and upon other sound engineering, financing and planning information. Adjustments to the above fees resulting from the above reviews may be made by resolution amending the Master Fee Schedule. SECTION 4: Ordinance 2251, Section 2: Definitions, is hereby amended to add the definition of "High Rise Commercial" as follows: (g) "High Rise Commercial" means commercial office usage 5 or more stories in height. SECTION 5: That the definitions for "Eastern Territories" and "Financial and Engineering Studies" as set forth in Section 2 of Ordinance 2251 are amended to read as follows: (e) "Eastern Territories" generally means that area of the City located between Interstate 805 on the west, the City sphere of influence boundary on the east and northeast, the City boundary on the north and the City's southern boundary on the south, excepting Villages 9 and 10 of the Otay Ranch the University Site as shown on the map entitled Figure I of the Update of the Financial and engineering studies. The property known as Bonita Gateway located at the northeast quadrant of Bonita Road and 1-805 intersection is aiso included. (f) "Financial and engineering studies" means the "Interim Eastern Area Development Impact Fee for Streets" study prepared by George T. Simpson and Willdan Associates dated November 1987, the "Eastern Area Development Fee for Streets" study prepared by Willdan Associates dated November 19,1990, the "Eastern Development Impact Fee for Streets B 1993 Revision" study prepared by City Staff dated July 13, 1993, and the study prepared by Project Design Consultants ("Eastern Area Development Impact Fees for Streets, 1999 Update") dated October 25,1999 which are on file in the Office of the City Clerk. SECTION 6: That the list of facilities and programs set forth in Section 3(a) of Ordinance 2251 is amended to read as follows: (a) The transportation facilities and programs to be financed by the fee established by this ordinance are: 1.* State Route 125 from San Miguel Road to Telegraph Canyon Road. 4 9-/ S - 2.* State Route 125 from Telegraph Canyon Road to Orange Avenue. 3. Telegraph Canyon Road from Paseo Del Rey to east of Paseo Ladera/north side. 3a. Telegraph Canyon Road at 1-805 interchange/Phase II. 4.**Telegraph Canyon Road B Phase I Rutgers Avenue to Eastlake Boundary. 5.**Telegraph Canyon Road B Phase II Paseo Ladera to Apache Drive. 6.**Telegraph Canyon Road B Phase III Apache Drive to Rutgers Avenue. 7. East H Street B 1-805 interchange modifications. 8.**East H Street from Eastlake Drive to SR-125. 9.**Otay Lakes Road from Camino del Cerro Grande to Ridgback Road. 10a. La Media Road from Telegraph Canyon Road to East Palomar Street. 10b. La Media Road from East Palomar Street to Olympic Parkway. 11. Bonita Road from Otay Lakes Road to Central Avenue. 12. Bonita Road from Central Avenue to San Miguel Road. 13.* San Miguel Road from Bonita Road to SR-125. 14.** East H Street from State Route 125 to San Miguel Road. 15.** Proctor Valley Road (East H Street) from San Miguel Road to Hunte Parkway. 16. Olympic Parkway from Brandywine Ave. to Paseo Ranchero. 17a. East Palomar Street from Oleander Ave. to Sunbow Eastern Boundary 17b. East Palomar Street from Sun bow eastern boundary to Medical Center Drive. 18.** Telegraph Canyon Road from eastern boundary of Eastlake to 5 '1- /eo Hunte Parkway. 19..* Eastlake Parkway from Otay Lakes Road to EastLake High School southern boundary. 20..* Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road. 21..* Hunte Parkway from Telegraph Canyon Road to Club House Drive. 21a. Hunte Parkway from South Greensview Drive to Olympic Parkway. 22. Olympic Parkway from EastLake Parkway to Hunte Parkway. 23a. Paseo Ranchero from Telegraph Canyon Road to East Palomar Street. 23b. Paseo Ranchero from East Palomar Street to Olympic Parkway. 24a. Olympic Parkway from Paseo Ranchero to La Media Road. 24b. Olympic Parkway from La Media Drive to East Palomar Street. 24c. Olympic Parkway from East Palomar Street to SR125. 24d. Olympic Parkway from SR125 to EastLake Parkway. 25. Olympic Parkway B 1-805 Interchange Modifications to Brandywine Avenue. 26. East Palomar Street from eastern Sunbow Boundary to Paseo Ranchero. 27. East Palomar Street at 1-805 Interchange. 28. Otay Lakes Road from Hunte Parkway to Wueste Road. 29. Olympic Parkway from Hunte Parkway to Olympic Training Center. 30. Otay Lakes Road from SR-125 to Eastlake Parkway. 31. EastLake Parkway from Fenton Street to Otay Lakes Road. 32. East AH@ Street from 1-805 to Hidden Vista Drive. 33..* Bonita Road at Otay Lakes Road Intersection. 6 '7 -/7 34.** Otay Lakes Road at Elmhurst Drive Intersection. 35.** East AH@ Street at Otay Lakes Road Intersection. 36. Traffic Signal Interconnection B Eastern Territories. 37. EastLake Parkway from Eastlake High School southern boundary to Olympic Parkway. 38.** East AH@ Street from Paseo Del Rey to Tierra del Rey. 39.** Bonita Road from 1-805 to Plaza Bonita Road. 40. Alta Road from SR125 to Eastlake Parkway. 41. Brandywine/Medical Center Drive from Medical Center Court to Olympic Parkway 42. Birch Road from La Media Road to SR125. 43. Birch Road frorn SR125 to Eastlake Parkway. 44. Birch Road from Eastlake Parkway to Hunte Parkway. 45. Eastlake Parkway from Olympic Parkway to Birch Road. 46. Eastlake Parkway from Birch Road to Rock Mountain Road. 47. Mt. Miguel Road from Proctor Valley Road South to Proctor Valley Road North 48 Hunte Parkway from Olympic Parkway to Birch Road. 50. La Media Road bridge crossing the Otay River (1/2 the cost). 51. La Media Road from Olympic Parkway to Birch Road. 52. La Media Road from Birch Road to Rock Mountain Road. 53. La Media Road from Rock Mountain Road to Otay Valley Road. 54. La Media Road from Otay Valley Road to southern City boundary. 55. Otay Lakes Road from East H Street to Telegraph Canyon Road. 7 1-/¡ 56.a Otay Valley Road from 1-805 to Rock Mountain Road. 56.b Otay Valley Road from Rock Mountain Road to La Media Road. 56.c Otay Valley Road from La Media Road to SR125. 57. Paseo Ranchero from Olympic Parkway to Otay Valley Road. 58. Paseo Ranchero Otay Valley Road to southern City Boundary (including bridge crossing the Otay River) (1/2 the cost). 59. Proctor Valley Road from Hunte Parkway to eastern City boundary at Upper Otay Reservoir. 60. Rock Mountain Road from SR125 to Otay Valley Road. 61. Willow Street from Bonita Road to Sweetwater Road (including bridge over Sweetwater River). 62. East H Street from Buena Vista Way to Otay Lakes Road. 63. Intersection Signalization area wide within the Eastem Territories. 64. Development Impact Fee program support. * Project is now included in the interim pre-SR125 transportation facility fee. ** Project has been completed. SECTION 7: That Section 4(c) of Ordinance 2251 as amended by Ordinance No. 2289 shall be amended to read as follows: 6. Upon approval of the estimated cost by the Director of Public Works, the developer shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the Transportation Facility Project. Once the developer has received valid bids for the project which have been approved by the Director of Public Works, the amount of the immediate credit shall be increased to 75 percent of the bid amount. The immediate credits shall be applied to the developers' obligation to pay fees for building permits issued after the establishment of the credit. The developer shall specify these building permits to which the credit is to be applied at the time the developer submits the building permit applications. 7. If the developer uses all of the immediate credit before final completion of the Transportation Facility Project, then the developer may defer payment of 8 <J-/c¡ Development Impact Fees for other building permits by providing to the City liquid security such as cash or an irrevocable letter of credit, but not bonds or set-aside letters. in an amount equal to the remaining amount of the estimated cost of the Transportation Facility Project. The developer will receive the credit against required Development Impact Fees incrementally at the time building permits are issued for the developer's project. If the total construction cost amounts to more than the total Development Impact Fees which will be required for the developer's project, then the amount in excess of Development Impact Fees will be paid in cash when funds are available as determined by the City Manager; a reimbursement agreement will be executed; or the developer may waive reimbursement and use the excess as credit against future Developer Impact Fee obligations. The City may, in its discretion, enter into an agreement with the developer to convert excess credit into EDU and/or gross acre credits for use against future Development Impact Fee obligations at the fee rate in effect on the date of the agreement. 11. The requirements of this Section 4(c) may, in the City's discretion, be modified through an agreement entered into with the developer. SECTION 8: That Ordinance 2251 as amended by Section 5 of Ordinance No. 2604 is amended to read as follows: A. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the fee imposed by this ordinance is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the City Council for a waiver, reduction, or deferral of the fee. A development which is designed and intended as a temporary use (10 years or less) and which is conducted in facilities which are, by their nature, short term interim facilities such as a portable or modular building (including mobile homes, trailers, etc.) may qualify for a waiver, reduction, or deferral. In addition, a deferral may be granted on the basis of demonstrated economic hardship on the condition that (1) the use offers a significant public benefit; (2) the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a cash payment; and (3) the amount deferred is adequately secured by agreement with the applicant. Unless the requirement for timely filing is waived by the City, the application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice of the public hearing on the development permit application or the project is given, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or reduction. B. Any developer who proposes a golf course and contends that the application of the Development Impact Fee is unrelated to the mitigation of the traffic needs of the 9 '7-,,)0 golf course may apply to the City Council for a reduction of the fee based on the nature of the proposed golf course. An interim reduction may be granted in the City's discretion pursuant to a written agreement with the developer and upon developer's submission of a preliminary traffic study which adequately supports the contention that the fee imposed by this ordinance is not related to the traffic to be generated by the golf course. The City's final decision on the fee to be imposed on the golf course will be based on a traffic study to be paid for by developer and prepared and submitted for approval by the City's Director of Public Works within the fourth year of operation of the fully developed golf course. Should developer fail to submit such traffic study and obtain the City's approval thereof during the fourth year of golf course operation, the entire fee imposed by this ordinance shall be immediately due and payable. If a fee reduction is permitted the City Council may allow developer to pay the Development Impact Fee over a ten year period. C. The City Council shall consider the application at a public hearing on same, notice of which need not be published other than by description on the agenda of the meeting at which the public hearing is held. Said public hearing should be held within sixty (60) days after its filing. The decision of the City Council shall be final. If a deferral, reduction or waiver is granted, it should be granted pursuant to an agreement with the applicant, and the property owner, if different from the applicant, providing that any change in use within the project shall subject the development to payment of the full fee. The procedure provided by this Section is additional to any other procedure authorized by law for protesting or challenging the fee imposed by this ordinance. SECTION 9: That Ordinance 2251 as amended by Section 5 of Ordinance No. 2580 is amended to read as follows: The "DIF Program Support" shall with no exceptions be paid in cash concurrently with the deveiopment impact fee at a rate equal to 3% of the total applicable fee. SECTION 10: All remaining provisions of the Ordinance amended herein shall remain in full force and effect until and unless specifically repealed. SECTION 11. Expiration of this ordinance This ordinance shall be of no further force and effect 30 days after its adoption. SECTION 12: Time limit for protest and iudicial action Any judicial action or proceeding to attack, review, set aside void or annul this ordinance shall be brought within the time period as established by law. In accordance with Government Code Section 66020(d)(1), the ninety day approval period in which parties may protest begins upon the effective date of this ordinance. 10 j-d/ SECTION 13: Effective Date. This Ordinance shall become effective immediately upon four-fifths vote. Presented by: Approved as to form by:: C^^--~~~ John P. Lippitt John M. Kaheny Director of Public Works City Attorney H :IS HAREOIE N GIN E E RI TO I FOR04. CLS 11 ;-.,) d I COUNCIL AGENDA STATEMENT ,0 Item - Meeting Date 1/11/00 ITEM TITLE: Public Hearing regarding the formation of a reimbursement district for the construction of the Shirley Street sewer Resolution Approving the allocation of costs and authorizing the formation of a reimbursement district for the Shirley Street Sewer SUBMITTED BY: Director of Public Works rft/ REVIEWED BY: City Manager ~k~ (4/5ths Vote: Yes_NoX) fiDI It is recommended this item be continued to the meeting of February 8, 2000. File No. 0735-10-SW217 0790-40-SROO9 R IHOMEIENGINEERIAGEND A ISIllRLEY 4.EMC ¡'nu"y 5. 2000 (3,05pm) f () - r COUNCIL AGENDA STATEMENT Item--.iL Meeting Date...1L11Lllil ITEM TITLE: Public Hearing Consideration of establishing Utility Underground District No. 130 along Orange Avenue from Fourth Avenue to Palomar Street Resolution Establishing Utility Underground District No. 130 along Orange A venue from Fourth A venue to Palomar Street and authorizing the expenditure of Utility Allocation Funds to subsidize private service lateral conversion SUBMITTED BY: Director of Public Work~ ~ REVIEWED BY: C" M ,~ (4/Sths Vote: Yes_NoX) lty anager ¡"'"'J~ On November 16, 1999, by Resolution No. 19654, the City Council ordered a Public Hearing to be held on January 11, 2000 to detennine whether the public health, safety or general welfare requires the formation of a utility underground district along Orange Avenue from Fourth Avenue to Palomar Street. The purpose of forming the district is to require the utility companies to underground all overhead lines and to remove all existing wooden utility poles within the proposed district. The proposed utility undergrounding district is about 1,350 feet long and is estimated to cost approximately $440,000. SDG&E's allocation funds (Rule 20-A) will be used to cover the cost of the project including reimbursements to affected property owners for their respective trenching cost. RECOMMENDATION: That Council: 1. Conduct a Public Hearing on the formation of Utility Underground District No. 130; 2. Approve a resolution fonning the district and authorizing the use of approximately $440,000 in utility allocation funds to cover the cost of pole removal, undergrounding overhead facilities, and private property conversion reimbursements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Underground Utility Advisory Committee (UUAC) representatives, consisting of representatives of SDG&E, Pacific Bell, Cox Communications, Chula Vista Cable, and the City, agreed to propose to the City Council the formation of a utility undergrounding district for the conversion of overhead utilities along the subject section of Orange A venue (See Exhibit" A "). Undergrounding of overhead utilities has been completed east and west of the proposed district. The Average Daily Traffic (ADT) counts on Orange Avenue from Palomar Street to Fourth Avenue varies between 7,750 and 8,700. The conversion project will be done in conjunction with the Capital Improvement Program (CIP) Project (STM228), which involves the installation of sidewalk improvements at the north side of {'-I Page 2, Item- Meeting Date.1Ll1LillL Orange Avenue between Fourth and Fifth Avenues. This CIP project is to commence as scheduled in FY99/oo. Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public hearing to determine whether the public health, safety, and general welfare requires the under- grounding of existing overhead utilities within designated areas of the City. The intent of the public hearing is to give persons the opportunity to speak in favor of or against the formation of a proposed district to underground utilities. The formation of the district will require the utility companies to remove all existing wooden utility poles within the District and to convert all overhead lines and other facilities to underground. All property owners within the proposed district will also be required to convert their service connections to underground. Three dusk-dawn lights on wooden poles at the Orange Tree Mobile Home Park are going to be affected. They are being serviced from overhead poles on Orange Avenue which are going to be removed. Dusk-dawn lights are strictly serviced from overhead lines only and not from any underground source. The dusk-dawn lights and the poles are owned by SDG&E Company and are rented to the property owners. The utility pole located west of Crann A venue on the north side will be moved inside the El Mirador Trailer Court if SDG&E can get an easement from the property owner. If the easement is not granted, then this pole will be excluded from the district and pole removal will happen when the owner develops their property. Another set of overhead wires running north to south over Orange Avenue will be removed and the wires will terminate on an "end" pole inside the Orange Tree Mobile Home Park. However, the possibility of these overhead wires staying depends on whether a guy wire anchor can be located inside the mobile home park. The guy wire anchor will support the tension from the weight of the wires and will hold the "end" pole in place. Staff recommends the formation of this conversion district along this section of Orange Avenue because: 1. Orange Avenue is a major east/west thoroughfare in the southern portion of Chula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. The subject section of Orange Avenue is classified in the General Plan's Circulation Element as a four-lane major street. 3. Undergrounding of the overhead utilities in this section of Orange A venue will complete the only remaining portion of Orange Avenue that is not undergrounded. 4. The proposed CIP Project (STM228) along the north side of Orange Avenue between Fourth and Fifth Avenues is scheduled for FY 1999/00. This CIP project will involve the installation of curb, gutter, sidewalks and other improvements. All underground conduits and other utilities must be in place before the final improvements are installed. Therefore, the conversion project is scheduled to coincide with said CIP Project. / / -;L ...-......-..- . Page 3, Item- Meeting Date 1/11/00 The conversion work required from the property owners will involve the trenching, backfilling and installation of conduits from property line to the point of connection. Chula Vista City Council Policy No. 585-1 established a mechanism that helps property owners with the cost of the conversion work from the distribution lines to the structure. This policy provides for the reimbursement of property owners at a rate of $30 per foot of trenching (up to 100'). The approximate reimbursement amount to each of the affected properties in the district is shown in Exhibit "B". A final list of affected property owners, amount of trenching required and the final boundary limits will not be detennined until the utility designs are completed. Each reimbursement amount to the property owners will be adjusted based on the actual trenching footage constructed. The reimbursement amount is currently estimated to be $10,000 and is included in the overall cost estimate of $440,000. A public hearing notice has been mailed, see Exhibit "C", to all property owners and occupants of property located within the boundaries of the proposed district. FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private property conversion reimbursements as outlined above is estimated to be approximately $440,000. SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the project. All staff costs associated with the formation of this district are not reimbursable from the allocation funds and, therefore, are borne by the general fund. Attaclunent: Exhibit A - Boundary Map Exhibit B - Reimbursement Schedule Exhibit C - Mailing List File No: 0810-50-KY078 H, IH OMEIEN GINEER IAGENDA lOOA - U 130. RDJ //-3 ~ ð '" N UTILITY UNDERGROUNDING DISTRICT NO. 130 W~E Orange Ave Palomar St to 4th Ave ~ UNDERGROUND DISlRlCT BOUNDARY 0 DUSK-OAWN LIGHT . UTILITY POLES TO BE REMOVED s c==J AFFECTED PROPERTY OWNERS EXHIBIT "A" /1-4 ~ G - '" ¡<: ~ CD ¡<: '" '" '" '" '" ~ ~ iiii ?;~ N;;;:ii?;?;?; 2 ;: ::!~ð~;;; ;:;è3u.(~~~ ~ ¡;¡ i!! ~ <' Ii1 è3 ~;<:- g Ii1 Ii1 Ii1 Ii1 ~ c < u > - u ~ > > > > > . ~ 5 ~ ~;<: 6 > < ~ ~ ~ ~ ~ ~ G ~ ~ ~ æ ~ ~ ~ ~ ~ ~ ~ w - u< DIUUUUU 5 ~ ~ 8 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ ~ U ~ ~ ~ ~ ~ ~ ~ . ~ z G ~ ~ D Z ~ G G G z ~ ~ ~ ~ x ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g g ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 '" N '" 0 ~ v . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ z 0 ~ 8 ~ w ~~ ~ < ~ z ~. ~~ w r ~ < w z > ffio ~ g 5 ~ ~ ~ ~ ~ ~ ~~ ~ ð ~ ~ ~ ~ ~ Z J ~ Ow w ~ ~ 8 ~ w w ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ 9 5 ~ ~ ~ ~~ ~ & ~ ~ ~ ~ 8 ~ 6 ~ w ~~ ~ ~ w ffi ~ ~ i 01-- ~6 [;jwO~¡¡¡[;jG:z'~W 1-2g! wz ~G~w>~ci<Og: tu~!:! 8~ ~~Q8ffi~~~~~ ~!!1;;: ~~ ~OU~r~IGW> I- 0 0 en ~ >- - co::::¡ ~ ffi 15 <1:- w ~ ~ ::;: 5 !'; :r ~ go if '" ~ ~ ~ ~ ~!5 Q!Z ¿, 'i: 'i: ffir ::;:o~!Ii! :¡J g g~~ ~~:rl ~ ~ ~ ~ ~~ ~w It u ~ (\ (\ ~~ w 0 < D' '" D¡g ::> z - ~ iJ!j ~ <15 z::> g is is ~~ w ~ w 0 w~ ~ ~ ð ~ ð:r w ~ ~ 8 8 £ 8 £ £ £ 8 g 8 ~ 8 g g 8 ~ ~8 £ ~ g ~ £ ~ ~ £ g g ~ 0 ~u ~ II ffi~ ~ ~ 0 8 0 0 0 ~ ~ g ~ ~ ~ > > I!:~ ~ ;á '" G W U U U U U U U ~ ~ ~ r ~ w r w W W r r r r r g ~ ~ W W W W W W W r 8 " '" ~ ~ ~ ~ ~ ~ ~ > ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 0 a a 0 0 0 U ~ 0 0 0 ~ I ~ £ i ~ ~: R I 6 I ¡ t; 8 8 8 8 8 8 888 8 8 ~ ~ ~ ~ g g g g ~ ~ ~ ~ < ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 1/--5"" EXHffiIT "C" ORANGE AVENUE FROM 4TH A VENUE TO 5TH AVENUE UNDERGROUNDING MAILING LIST December3,1999 6220431700 6183110500 LOCICERO, LOUIS TRUST MARTINEZ, ERNESTO & CARLOTA 501 ANITA STREET #163 1328 CRANN AVENUE CHULA VISTA, CA 91911 CHULA VISTA, CA9l911 OCCUPANT 6183420200 559 ORANGE A VENUE HAGER, GERALD C & DOROTHY L CHULA VISTA,CA91911 1399 SHERYL AVENUE CHULA VISTA, CA 91911 6220432200 LAURINO, ROLAND J & MARY J 6183420100 5266 GRANDRlDGE ROAD GUZMAN, MIGUEL & MARlA L EL CAJON, CA 92020 430 ORANGE AVENUE CHULA VISTA, CA 91911 OCCUPANT 531 ORANGE AVENUE 6183422500 CHULA VISTA,CA91911 ESPINOZA, MARTIN & ERLlNDA 438 ORANGE A VENUE 6220432000 CHULA VISTA,CA9l9ll8 MARTINEZ, ELENA 527 ORANGE AVENUE 6183422400 CHULA VISTA,CA91911 VILLARREAL, DOLORES B 424 ORANGE AVENUE 6230105400 CHULA VISTA, CA 91911 ORANGE TREE HOMEOWNERS ASSOCIATION C/O TYCO MANAGEMENT COM!'ANY 6220432400 POBOX6l1 BLAKE, JOE E & GLORIA R CHULA VISTA,CA919ll 217 VIA OSUNA RANCHO SANTA FE, CA 92091 6230100500 SDG&E LAND MANAGEMENT, EB7 MOBILE HOMES POBOX 1831 OCCUPANT SAN DIEGO, CA 92112 415 ORANGE AVENUE CHULA VISTA, CA9l9ll OCCUPANT ORANGE TREE HOMEOWNERS ASSOCIATION 6183120600 C/O TYCO MANAGEMENT COM!' ANY MENDEZ, ROBERT JR PO BOX 611 535 PASEO ROSAL CHULA VISTA, CA 91911 CHULA VISTA, CA 91910 6230104600 OCCUPANT TERRY ENTERPRISES 1335 CRANN AVENUE 1490 3RD AVENUE CHULA VISTA, CA9l9ll CHULA VISTA, CA 91911 6183120700 OCCUPANT LEE, RAYMOND & REBECCA J 415 ORANGE AVENUE 1338 WILLIAM AVENUE CHULA VISTA, CA9l9ll CHULA VISTA, CA 91911 / /-6 ....un""""""'.""""'" ..,"""m".m"n.~",~n"~m~n~' EXHIBIT "C" 6183120800 CORONA, GILBERT R & MARlA E 1345 ~LlAM A VENlÆ CHULA VISTA,CA919ll 6183120900 SEVILLA, MARIA R 1344 FIFTH AVENUE CHULA VISTA, CA 91911 6183310400 MEDRANO,ANASTACIO S & GUADALUPE L 1345 FIFTH A VENlÆ CHULA VlSTA,CA919ll 6183310500 VALDEZ, NARCISO P & MARlA THERESA 1344 ELDEN A VENlÆ CHULA VISTA, CA 91911 6183320700 VARGAS, KATHY V PO BOX 955 BONITA, CA 91908 OCCUPANT 1349 ELDEN AVENUE CHULA VISTA, CA 91911 6183320800 CORBALA, XAVIER A & SUK H 1354 COSTA A VENlÆ CHULA VISTA,CA91911 6183330900 MARTINEZ, RAFAEL C 1359 COSTA A VENlÆ CHULA VlSTA,CA9l9ll 6183410100 SORGE, ELSIE TRUST 1396 SHERYLAVENlÆ CHULA VISTA,CA9l911 H : \II a MEIEN G INE ER lAD VPLAN\ DUD IST\O RANGE \0 RN G ADD. RDJ 11-7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 130 ALONG ORANGE AVENUE FROM FOURTH AVENUE TO PALOMAR STREET AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSION WHEREAS, by Resolution No. 19654, a public hearing was called for 6:00 p.m. on Tuesday, the 11th day of January, 2000, in the Council Chambers of the City of Chula vista at 276 Fourth Avenue in said City, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service within that certain area of the City more particularly described as follows: All that property lying along Orange Avenue from Fourth Avenue to Palomar Street and enclosed within the boundary as shown on the plat attached hereto as Attachment "A" of subject Underground Utility District. and WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll, and to the utility companies concerned in the manner and for the time required by law, and WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula Vista hereby finds and determines that the public health, safety and welfare requires the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar associated services, the above-described area is hereby declared an Underground Utility District, and is designated as such in the City of Chula vista. Attached hereto, marked Exhibit "A", and incorporated herein by reference is a map delineating the boundaries of said District. BE IT FURTHER RESOLVED that the City Council shall, by subsequent resolution, fix the date on which affected property owners must be ready to receive underground service, and does 1 1/- ð' hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service within said Underground Utility District. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within said Underground Utility District of the adoption of this resolution within fifteen days after the date of said adoption. Said city Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication or other similar or associated service, they, or such occupant shall, by the date fixed in a subsequent resolution provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public utilities commission of the State of California as of the date of adoption of this resolution. Such notification shall be made by mailing a copy of this resolution to affected property owners as shown on the last equalized assessment roll and to the affected utility companies. BE IT FURTHER RESOLVED that the City Council hereby finds that the Underground utility District herein created is in the general public interest for the following reasons: 1. Orange Avenue is a major east/west thoroughfare in the southern portion of Chula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. The subject section of Orange Avenue is classified in the General Plan's Circulation Element as a four-lane major street. 3. Undergrounding of the overhead utilities in this section of Orange Avenue will complete the only remaining portion of Orange Avenue that is not undergrounded. 4. The proposed CIP Project (STM228) along the north side of Orange Avenue between Fourth and Fifth Avenues is scheduled for FY 1999/00. This CIP Project will involve the installation of curb, gutter, sidewalks and other improvements. All underground conduits and other utilities must be in place before the final improvements are installed. Therefore, the conversion proj ect is scheduled to coincide with said CIP Project. 2 //-9 BE IT FURTHER RESOLVED that the City council does hereby authorize the use of approximately $440,000 in utility allocation funds to cover the cost of pole removal, undergrounding overhead facilities, and private property conversion reimbursements. Presented by Approved as to form by John P. Lippitt, Director of Public Works H, \home\lorraine\ra\underg. di, 3 //-10 -..--. --.-- .m - ---.--------- . \9- COUNCIL AGENDA STATEMENT !t,m -4u¡~ Meeting Date__. Z ITEM TITLE: Public Hearing on the acquisition of certain property rights on a portion of \ I ( I, C;;' land located within Village Five of the Otay Ranch SPA One for the construction of a Paseo and Park P-9 Resolution Finding the declaring public interest and necessity for acquiring and authorizing condemnation and immediate posssession of certain real properties for fee simple, and permanent and temporary slope and drainage easement interests to satisfy off-site conditions for Otay Ranch SPA One, Chula Vista Tract 97-02 ("TM 97-02") for the Otay Ranch Paseo and Park Project SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager (4/5ths Vote: Yes-X- No_) Tonight, Council will hold a Public Hearing to consider the approval of the Resolution for initiating eminent domain proceedings to acquire the fee simple of a portion of land that will accommodate portions of the Paseo and Park P-9 in Village Five ofthe Otay Ranch SPA One. The condemnation will also include the granting of temporary and permanent easements for slope and drainage purposes, which are necessary to construct said paseo and park. RECOMMENDATION: That Council: 1) Hold the public hearing; and, 2) Approve the Resolution to commence the eminent domain process. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Village Five of the Otay Ranch Sectional Planning Area (SPA) One plan consists of approximately 494 acres, 2,480 dwelling units, a 10 acre school site, 10.1 acres for Community Purposes Facilities and 17.3 acres designated for parks. McMillin Companies has been actively developing the western portion of Village Five. Currently, residential housing construction is underway and several houses have already closed escrow. Because McMillin is developing first, they have been required to construct the entire Paseo and Park P-9. McMillin has already dedicated to the City all the on-site property needed for the paseo and park (see Attachment "A). Portions of the proposed paseo and park are situated on a parcel ofland (parcel 3SA) owned by the Stephen and Mary Birch Foundation ("Owners"). McMillin has been unsuccessful in an attempt to acquire the land needed for constructing these improvements. As the last resort, McMillin has I')' I ._-----_....~-_.._-_.- Page 2, Item Meeting Date 12/7/99 requested City to initiate condemnation proceedings for acquiring the property rights needed to satisfY their off-site obligations. The portion of land that will accommodate the paseo and park would be acquired in fee simple. The temporary and permanent easements for slope and drainage purposes are also needed to make the proposed grading work with the existing terrain. An exhibit of the proposed acquisitions and easements are shown in Attachment "B". The southerly end of the paseo is located within land owned by the Otay Ranch Company. This portion of the paseo will be dedicated on a final map, which will be brought to Council during the first quarter of year 2000. In order to acquire real property for public purposes, pursuant to Government Code Section 7267.2 the City must make an offer to purchase the property for an amount constituting "just compensation". On November 12, 1999 the City mailed to the Owners an offer, in the amount of $127,000, to purchase the necessary property rights. This offer was based on an appraisal and complied with all the requirement of Government Code Section 7267.2. If an agreement for the voluntary purchase of the property cannot be reached, the City may then duly notice and conduct a public hearing to consider whether or not to acquire the property by the exercise of its power of eminent domain. Thus, on November 19,1999, letters were sent notifying Owners of a public hearing scheduled for December 7, 1999, of Council's intent to consider adopting a "Resolution of Necessity" for the acquisition of the subject property rights. The letter informs them of their right to appear and to speak to the City Council with regard to the City's right to acquire said property. Tonight, Council is requested to initiate eminent domain proceedings now, in the event negotiations with the Owners prove ffuitless. Negotiations will continue as we hope a settlement will be reached with the Owners without having to obtain a final order of condemnation from the court. At the public hearing, pursuant to Civil Procedure Code Section 1240.030, the City must make the following findings and determinations (a brief discussion supporting staff recommendation is also included): A. The public interest and necessity require the project The Otay Ranch General Development Plan (GDP) establishes the development policies for the Otay Ranch based on a series of villages. The urban villages are to be organized to promote pedestrian travel to the village core. Residential neighborhoods surrounding the core are required to be connected by pedestrian systems. Village Five is an Urban Village where the village core will be served by light rail transit. The paseo in the project provides the only separated pedestrian connection for the residential neighborhoods to the village core and transit station. The right-of-way for the paseo straddles the property line between the McMillin property and the property which is the subject of this condemnation. Because McMillin's development is going first, development of the entire paseo has been imposed on McMillin as an off-site condition. Acquisition of the balance of the paseo is necessary /~-~ _.._...~._~~.._~n Page 3, Item Meeting Date 12/7/99 to complete the pedestrian connection. In addition, the paseo connects the regional trail in Telegraph Canyon to the Village Five core and the regional trail in Poggi Canyon. The GDP also establishes park requirements for the Otay Ranch that implements the City's park requirements of 3 acres of parkland for every 1,000 residents. The SPA One Plan identified the location for the required parks in Village Five. The SPA plan located Park P-9 at the northem end ofthe paseo. In order to implement the SPA One Plan and comply with the City's Parkland Dedication Ordinance, it is necessary to acquire the balance of the park proposed in the project. B. The project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury Both thepaseo and park were designated on the SPA One Plan and the Master Tentative Map for Village Five. The paseo and park were designed to provide the future residences of Village Five with pedestrian access to the Village Five core and sufficient parkland to meet the recreational needs for the neighborhoods. The taking of the paseo and park will implement and are consistent with the current approved discretionary actions on the property. Dedication of the paseo and park would be required if the Owners were to process their own Final Maps implementing the approved SPA Plan and tentative map. Only property for the paseo, park and supporting slope rights are being acquired limiting the impact to the Owners. Ifthe owner of the property of which is subject to the condemnation was far enough in the process, they would be required to make the improvements to the paseo. Their right to develop their property in accordance with the tentative map 96-04 has been protected by the reservation of rights in the deeds describing the taking. C. The property sought to be acquired is necessary for the project The property sought in the acquisition is for the paseo and park that were planned to serve the residents of Village Five. Both were design and planned on the SPA One Plan and Master Tentative Map for Village Five. Only property for the paseo, park and supporting slope rights are being acquired. The paseo and park are part of Village Five in the SPA One Plan and Master Tentative Maps. The SPA One Plan and Master Tentative Map were analyzed by Otay Ranch GDP Program Final EIR 90-01 and Subsequent Final EIR 95-01 for SPA One. The GDP EIR was certified on October 28, 1993 and SPA One EIR was certified by the City Council on June 4, 1996. The Environmental Review Coordinator has determined than no additional review is necessary. The adoption of the requested "Resolution of Necessity" will initiate the proceedings to acquire the necessary property rights for the paseo and Park P-9. The commencement of the eminent domain proceeding will require the filing of a complaint with the Superior Court. /d -3 Page 4, Item Meeting Date 12/7/99 The City Attorney has reviewed the "Resolution of Necessity" and determined that the requested action is in accordance with all applicable laws, City codes and ordinances. Our right-of-way acquisition consultant, Linda D. Bartz, is available at the Council meeting tonight, to answer any questions concerning the proceedings. FISCAL IMP ACT: None. McMillin, the Developer, shall pay the full cost of acquiring offsite right of way and easements required to fulfill their off-site conditions. The cost of acquisition of the right-of-way is approximately $127,000 for the actual property value plus an additional amount for condemnation costs depending on whether or not the property owners legally challenge the City's right to acquire the property or the amount of compensation being offered. Attachments: A - Village Five B - Plat of Acquisition Area and Easements H:IHOMEIENGlNEERIAGENDAIAI130R227.DOC 11/20/992:25 PM leJ-,-! .-..- ..__._..~-_. ;;:!:; ~~. ;; ¡¡:;:¡: - i ,g IDID i ~ fl~ ~ w- ="CI >c J~ ""'I "1 ~ "! "! "! "1 "! '" ~.., "! "1 "I <'¡ "! "1 '" '" "! '" <'¡ "! <'¡ '" "! "! "! ~ {:! is "'...... "'... '" ",............", '" 'n.. '" .. ... "':::2'" g ¡;¡:2 ;!: '" '" ... ~ 1"11 EE~.:!...""""""""""""..aa.."""a"""a"'-a...aa"'8"""a 'IC"""""""""""'-""""""""""" """"'","""-- --'" ::::115'" - - - ~ - """-~ ;:;. (/) ~ t <'¡"!"!"1"!"!~"1"""~,,!<'¡,,!"'~I~ ~~"!~"!"!"!"! "!I"'I"'I'" <'¡"1""'!~~<'¡"!I'<,¡"!<,¡I"'~"!"1<,¡I~I"!1 'C:I :2æ:2:2::::~!!!g¡::""'~::"';!:¡¡;::S!:2~"""""';;;NN~"'-'" -_-a!::.....S!S!:;¡¡;¡¡;¡~~ æ J; ~ i:.i! ~ It _s ..J'i!:"""""""""""""""""""""""":¡¡"""""""""""":¡¡::O-¡-!!"""'¡H!"""",!:......~gcrii;¡;~~ ID ~",tJ"J)rnrnrnrnrnrnrnrnrnrnrnrnrnrns;:¡¡;:¡¡;:¡¡;:¡¡;:¡¡:::¡:::¡;:¡¡ S:::¡~:s!/f./f./f./f./f./f./f./f.~&&~~d~~~ ~ .2: :!I:!I :!Ii .. ~ rnrn'¡¡iL LI.'l rn rn rn- .¡¡ rn & II) C5 .. ~ ,!! CI """"""",...",ç-""""..",...",- """",a"""...", 'T ... -'" -"'a- 'T"1 g.g;; 1"11 .81!!'1"1"1"1"1"1"?;t"l"l"l"l'?"I"I'T '1"1"'I,,"r'T'T'T ~ ~<D:¡:~qioi.,..,. itit ~fS"" =-ã.<a:a:a:a:a:a:a:a:a:a:a:a:a:a:a: a: a: a: a: a: a: a: a: cJ 11.0. 11.0.11.11."" š;¡j > :i! < ~ '63 ~::..!.~ ... ~ . ..~ ... ~ §, ..... q: = ,,~~ ~ a -= y ~ ~ ~I ..... ,~; ~ h: ~ 0-0 t~B 83 ~ ~~~= ~ un ë ~ ~~2~ ~ ~ I~¡II c: - '" z~~~~ ;Ï .~ ; ~ ~ .~ õ -::¡ - c. ::. ... 0 .!1! ãJ cñ I! 't] t::.'" ~ C .æ~E CD £~8 C'I ~ ,I j CD ~ ~ . I~ ,;.. ...J . ¡Ü III"':..~' ~ d~ ~ 8Jh /eJ -.5" j Attachment "B" jParCe135A I t I 1 !'A/ICEl. V PARCEL ~. At ¡ , McMillin !'AIICIL 'C" :¡., ~ ( -. ~ , \;) NO SCALE ..... \;) I ..... \;) PARCEL .,. . LEGEND - INDICATES I'll ACQ(IISITI()N MEA "AliCEt "A'. 0.114 AC- fNtClt".1,;OIACIŒS 3 "NiCEt :'C". O.S" ACMS ~ 0 INDICA"S 'lItMAN/NT Sl.OfIllASlMlNT : "Melt .,.. 0.#$ ACMS. "Melt .".. 0.S39 ACRES - INDICA"S TIM!'O~y Sl.OfIllASEMINT "Melt 'D". 4.701 ACßlS . RICK ENGINEERING COMPANY CML ENGINEERS' SURVEYORS' PLANNERS 5620 FRIARS ROAD. SAN DIEGO McMILLIN 01i4 Y RANCH SPA I CA. 92110-2596 PHONE: (619) 291-0707 PASEO AND PARK CONDEMNATION ~ PROJECT NUMBER. J-IJ/26N - DATE. NOV. 22. /999 /d -&, ---------~- -- .L-99 04:22P Linda Bartz & Associates 619 237 5110 P.02 AGENDA ITEM # - DATE: DECEMBER 7,1999 SUBJECT: Public Hearing Re: Improvements for Otay Ranch Park and Paseo Consideration of Resolution of Necessity Authorizing Condemnation OUTLINE OF PUBLIC HEARING L Open the Public Hearing and call for Staff Report: ------------------------ (Staff Person) II. Clarifying questions from Council to Staff 1lI. Call for Speakers in Opposition to Project IV. Call for Speakers in Support of Project V. Call for other Public Comment VI. Call for additional Staff input, if necessary VII. Close the Public Hearing VIII. Council Discussion IX. Mayor calls for Motion; Second; and Vote (two-thirds vote of Council required to pass) POSSIBLE MOTIONS: 1) Move to Adopt the Resolution of Necessity as recommended by staff, including the Findings contained in the Staff Report; OR 2) a. Move to approve staff recommendation with amendment(s); or b. Move to continue (i.e. for further fact finding); OR 3) Do not approve condemnation, project cannot proceed unless property is voluntarily conveyed to City. j.). - 7 "-~-'~-'--- Exhibit "A" .' Recording requested by and please return 10: Cit)' Clerk Cit)' of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This inslT1lment benefits City only. No fee required ... (This space for Recorder's use, onM, ... APN(s) Portion of 643-0]0-] 0 C.V. File No. - GRANT DEED FOR PARK PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 5teDhen & Marv Birch Foundation. Inc. a Delaware Cornoration represents that, as the owner( s) of the herein-desenDed real property (in the case of multiple owners, collectively referred to as "Grantor"), Grantor hereby grants to TIlE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the following real property situated in the City of Chula Vista, County of San Diego, State of California and more panicularly desenDed as follows See Exhibit.. A" - Legal Description, Attached Hereto and Made a Part Hereof Signed this day of 19- Grantor Signatures: (Notary Acknowledgment required for each signatory,) This is,to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City aerie, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No, 15645 of said Council adopted on June 5,1990, and the grantee(s) eonsenl(s)lo the recordation thereof by its duly authorized officer. SUSAN BIGELOW CITY CLERK By: Date: Jd-- - P jblJ 3 J 26n1rormslgnnlded.OO2 -. > STATE OF CALIFORNIA > COUNTY OF > On before me, I personally appeared - personally known tome (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ware subscribed to the within instrument and acknowledged to me that he/she/they executed 1he same in 1risIher/their authorized capacity(ies), and that by hislher/their signature( s) on "(he 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 notary.one 1,;-9' ..-......-..--. - _.0...____--""--" J-13126N EXHIBIT A FEE ACQUISITION PARCEL nA" I All that portion of Fractional Section 4, Township 18 South, Range 1 West, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of - California, described as follows: Commencing at the Northeast corner of Parcel 1 of Certificate of Coll)pliance recorded September 12, 1997 as Document No. 1997-0443746 being a point on the Easterly line of Rancho De La Nacion; thence South 17°52'24" East along the Easterly line of said Rancho and the Easterly line of said Parcel 1 a distance of 346.39 feet to the :rRUE POINT OF BEGINNING; thence leaving said lines South 61 °45'19" East 36.99 feet; thence South 02°48'36" East 62.12 feet; thence South 17°52'24" East 144.18 feet; thence South 21 °39'44" East 108.96 feet; thence South 13°52'16" East 81.76 feet; thence South 16°23'16" East 56.83 feet; thence South 72°07'35" West 9,52 feet to a point on said Easterly lines; thence along said lines North 17°52'24" West 477.92 feet to the TRUE POINT OF BEGINNING. Containing 0.135 acres more or less. ~ ~~ rO-IZ-'I9 Robert G. Schoettmer loS. 4324 jb/13126n.OO2 J,J.. - /CJ ~----_._. ..... --,-,-",- _.~,-"'..,~ ~ .. ::i z' ¡; ;:: . ~O~O~-~~NO~~N~~~-O~NO~~N~~NN~~~~~~~~-~N ~~~~~O~~~O~~-~~~~~~~N~~~~N-~~~~~~~~~~~~ ~é~~~~~~éé~~Ñ~~~~~~é~~Ñéé~~~~Ñ~é~~~o~~~ ~~~~~~-~N ~~~~~~NN---~~-N~- -~~---~N--- .......~~~................~~~~~........ Ñ~~~o~~~~œ~~~m~~=~om~~~~~~~~~~m~Ñ~~~~~~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~~~~~~~~~~~:~~~~~~~~~~~~~~~:~~~~~~~~~~ . =-OÕ...;..=-...;,,;..;........;..=-ën """~;"N...~=-ën;""'NN;.....ën"';";"N"'Õ~'" ~ -~N---~~~~-- ~ ---N~~NN--N~~~ - N~~~N~N ~ ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ ~ . O-~-N~~~~~~~O-N~~~~~~~O-N~~O-N~~~~~m~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I J '" '" ~I \i ~.,. ",,;> ".... "" r~ ~ 8", ....'" '\; '" '" ~'" !Ii ~ "," ~"'< ~~ ~ ~ ... ' ~.. ;:::" "'« ... IJ~ ~" ~; ~~;: ~ ~ ~~ ¡;,ð '->. ;;::~;;:: ~ J! ~~ ì::fa '<\Ì i1i¡¿;:s¡¿ ~~;¡; ~. ¡¡;¡~ ,..,' ~~i!<~~J!¡a ,,)oi\,>~ I<j¡" Cj IS.. Cj ;¡;~\:) o!s ,,¡;¡ ~¡¡j ~g§ O § t!§ ~Cj~ ~~,,¡~s o:¡;j 5"'<"'< ~"'< ~'" ~~~ ~8:~ j;!~ ¡;: ~~~ ~~ I¿R ~ ~ ~ ~~\j !j;! ~ ;::«« ~« ;:¡;" è'\;S 9 .. u;;;:i! ~ """,.~.",I::~ !j~I;S~ c.> !:I iQi<1> iQ.. iQi:> iQiQiQ ¡¡... ~ 1:1 ~ ~ ~~~ g~ ~~ ~~~ ¡~~~ ~ ~ ~ ;¡;~" ~~ ~" ~ ~ ~ ~ i~~ ~I;:¡I . "', "!Cj S! ...!!.. l<¡ II ~ I ~~¡g ~~~~~ '" - ~"'JO (J'(OII s#Y1 J d - J / --~ - " Recording requested by and plel1Se return to: Cit)' Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument beneji1s City on(v, No fee required, ... (This space for Recorder's use. onljj ... APN(s) Portion of 643-01 0-1 0 c.V. File No. - GRANT DEED FOR PARK PURPOSES - FORA VALUABLE CONSIDERATION, receipt ofwbich is hereby aclmowledged, Stephen & Marv Birch Foundation. Inc. a Delaware Cornoration represents that, as the owoer(s) of the herein-described real property (in the case of multiple owners, collectively referred to as "Grantor"), Grantor hereby grants to TIŒ CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the following real property situated in the City of Chula Vista, County of San Diego, State of California and more particularly descn'bed as follows See Exbihit "An - Legal Description, Attached Hereto and Made a Part Hereof Signed this day of ,19- Grantor Signatures: (Notary Aclmowledgment required for each signatory.) This it to certify that the interest in real property conveyed herein to the City of Chula Vista. a governmental agency. is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. J 5645 of said Council adopted on June 5, J 990. and the grantee(s) consent(s) to the recordation thereofby its duly authorized officer. SUSAN BIGELOW CITY CLERK By: Date: jb/13126n/formsigrantdcd.OO2 /.J -/~ ....---~_...._. . > STATE OF CALIFORNIA > COUNTY OF > On before me. I personally appeared - persornùIyknown to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on ~he instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the mstrument. WITNESS my hand and official seal. Signature notary.one ),;1-/3 j-13126N ËXHIBIT A FEE ACQUISITION PARCEL uB" i All that portion of Fractional Section 4, Township 18 South, Range 1 West, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of - California, described as follows: Commencing at-the Northeast corner of Parcel 1 of Certificate of Compliance recorded September 12, 1997 as Document No. 1997-0443746 being a point on the Easterly line of Rancho De La Nacion; thence South 17°52'24" East along the Easterly line of said Rancho and the Easterly line of said Parcel 1 a distance of 824.31 feet to the TRUE POINT OF BEGINNING; thence leaving said lines North 72°07'35" East 9.52 feet; thence North 72°07'38" East 8.00 feet; thence North 87°30'24" East 28.82 feet to the beginning of a non-tangent 37.00 foot radius curve concave Northeasterly, to which a radial line bears North 82°22'59" West; thence Southeasterly along the arc of said curve through a central angle of 157"09'28" a distance of 101.49 feet; thence North 75°09'51" East 74.89 feet; thence South 46°38'35" East 17.76 feet; thence South 17"36'22" East 160.25 feet; thence South 11 °13'43" East 75.01 feet; thence South 57°48'25" West 155.79 feet; thence South 57°48'26" West 13.57 feet; thence South 72°07'34" West 13.12 feet to a point on said Easterly lines; thence along said lines North 17"52'24" West 347.38 feet to the TRUE POINT OF BEGINNING. Containing 1.208 acres more or less. .ßL:( (7 ~ /. - ¡tI..¡£ -, ., Robert G. Schoettmer loS. 4324 jb/13126n.OO2 /.).. - J t./- --'-'-"" _.~,-",-.-" .. .. :II ::i Zl ü ;: .ocTorr '" ~:J . """ ~ " .~ ~'~O~OV-~~NO~~N~~~-O~NOV~N~~NN~~~~~V~~-~N ~i~ ~¡~~~~~~~~~~~:~~~:~~~~~~~::~~~~~~~~~~ci:~: ¿~ ~i~v~~V~-~N ~~~~~~NN---~V-N~- -~~---~N--- -5 0' 'i' ~ : I ~ ~ :~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I ~ ~ Š:Ñ~~~õ~~~~œ~~~m~~œ~õm~~~~~~~~~~m~Ñ~~~~~~ ~ ~ -'~O~-NV~~N~--~-~-v~OO~V-N-~~~N--O~O~-~~~ I ~ ~ to: :":"'¡;'Ò;"¡;""¡"Ò¡"¡;'Ñ",ü,Ò Ò¡":"';";"¡;'Òù>¡;""ù>¡"¡,,..¡;'¡;'¡;':"""Ò:;'¡;'Ñ:;' . 8 ~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ O'-~N---V~~~-- ~ ---N~~NN--N~~~ - NV~VNVN ~ :zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz ~ _: O-~-N~V~~~~~O-N~v~~~œ~O-N~vO-N~V~~~~~ ~ ~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I& '" " ~I "> "'~ ~~ ,,~ ;;¡;;: ~ ~- " . "t::> ,,"" "" .., iZ ~t::> !II i5 ",,'" ~"'< ~~ ~ ~ .... it.. ï:;¡;: -: ~~ ~ ~~ ~i!: t;¡~ ¡. "'~ '" ~ ~"': 1;;~ " ¡¡j ~¡¡j ¡¡j;< ~~ i:i" -~ ~~ ~~ ~ ~~ 8>1 ¡;j~ i;J", t'~:¿ ~ ~:¡¡t::> ~~ ~~ ~¡;j ~~§ O!§ ~§ ~~~ ~~..¡~~ o;~ 5"'<"'< ~"'< ~"'< ~~~ ~g:~ ¡;¡~ . ~ ~~~ ~~ ~~ ~~~ ~;~ ~~ t::> '" if"'" ~'" i:!" ~ ~ .. ..~":;¡,, " ,,¡;¡k~ì1!':ì1!~ì1!ì1!ì1! ~..m~g~t! ~ B~~ ð~ ð~ l'iM ~ ~..~ ~§~ !:jì'¡~~ì'¡~ì\~ç¡ì\¡;¡ Oì~¡'¡...~;!;~ '- ~ ,¡;""" i.~ ~'" ;;,¡; ~ ~~~ ~~g ~ II ~ [I di ë; ~ i!:~~ ~8§ ~ .'""'" ~tfJo t1tfOIlS",," /cJ.. -IS- --~ " ~,' Recording requested by and please return to: Cif)' Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 This instrument benefits City only. No fee required .... (This space for Recorders use, onlY. .... APN(s) Portion of 643-01 0-1 0 c.Y. File No. - GRANT DEED FOR PARK PURPOSES - FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Steuhen & Marv Birch Foundation. Inc. a Delaware Cornoration represents that, as the owner( s) of the herein-deseneed real property (in the case of multiple owners, collectively referred to as "Grantor"), Grantor herehy grants to TIIE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the following real property simated in the City of Chula Vista, County of San Diego, State of California and more particularly deseneed as follows See Exhibit.. A" - Legal Description, Attached Hereto and Made a Part Hereof Signed this day of 19- Grantor Signatures: (NotaIy Acknowledgment required for each signatory.) This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned, City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No, /5645 of said Council adopted on June 5, /990, and the grantee(s) consent(s) to the recordation thereofby its duly authorized officer. SUSAN BIGELOW CITY CLERK By: Date: /d.-/C::; jbll3126n/formsigrantdcd.OO2 > STATE OF CALIFORNIA > COUNTY OF > On before me. personally appeared - personally known to me (or proved to me on the basis of satisfactory evidence) to De the person(s) whose name(s) is/are subscribed to the within instrument and acknow1edged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature( s) on .the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seaL Signature notary.one Jd -/7 j-13126N EXHI BIT A FEE ACQUISITION PARCEL MC" I All that portion of Fractional Section 4, Township 18 South, Range 1 West, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of - California, described as follows: Commencing at the Northeast corner of Parcel 1 of Certificate of Compliance recorded September 12, 1997 as Document No. 1997-0443746 being a point on the Easterly line of Rancho De La Nacion; thence South 17°52'24" East along the Easterly line of said Rancho and the Easterly line of said Parcel 1 a distance of 1171.69 feet to the TRUE POINT OF BEGINNING; thence leaving said lines North 72°07'34" East 13.12 feet; thence South 23°25'37" East 31.28 feet; thence South 17°26'11" East 28.55 feet; thence South 19°53'21" East 18.32 feet; thence South 21 °25'13" East 42.83 feet; thence South 24°20'44" East 56.74 feet; thence South 12°03'54" East 152.44 feet; thence South 17"44'20" East 49.34 feet; thence South 28°34'57" East 16.32 feet; thence South 41 °52'34" East 13.45 feet; thence South 38°03'33" East 15.20 feet; thence South 32°24'09" East 18.92 feet; thence South 25°34'00" East 19.69 feet; thence South 17"51 '57" East 23.50 feet; thence South 09°04'28" East 132.06 feet; thence South 14°49'48" East 23.61 feet; thence South 18°10'16" East 71.38 feet; thence South 20°23'53" East 77.49 feet; thence South 30°51 '01" East 48.70 feet; thence South 11 °31 '32" East 39.53 feet; thence South 20°23'51" East 16.41 feet; thence South 43°04'16" East 20.38 feet; thence South 62°30'35" East 36.57 feet; thence South 45°58'04" East 16.74 feet; thence South 25°21 '52" East 17.33 feet; thence South 06°53'03" East 18.73 feet; thence South 19°43'19" West 54.87 feet; thence South 06°43'13" West 32.89 feet; thence South 09°30'54" East 34.89 feet; thence South 17"52'01" East 249.03 feet to a point on the Northerly line of Lot 3 of said Fractional Section 4; thence North 88°44'42" West along said line 10.05 feet to a point on said Easterly lines; thence along said lines North 17°52'24" West 1336.4 7 feet to the TRUE POINT OF BEGINNING. Containing 0.591 acres more or less. ß~4 ~. 10-12.-9, Robert G. Schoettmer loS. 4324 jb/13126n.O02 /d - / R ~-- orAY UJŒS R~ ~.. ~~¡¡: 9/¡¡;ï!.. ~;:" I ~..:."': ~ ",eo :;; !::".." !:I !:I ,." '" <;1:1 ~ ~2!Q . .. è'c ' ~ ~ "!;1 OJ .. ... ~i :>~~ ~,,~~ ~n ~~ ~~ ~~~ ¡;; .. l<"Èi !:I~'" II: !;1¡¡1/ ri!;1 ri!;1 ri"'¡¡ Çj ;0 " ~g" :!!:11~ ~ QQç RiQ RiQ RiÌ!iQ \11 hi ~ ~g"~":;¡ 515151~51151<1>¡51" ~ B ~~ ~~~ ¡;¡ ~ ~ ~ ~~ ~~ ;,;,~ ~ ~ 51~ g~~ ~ ~?; ~(j ~~ ~~~ ~ ~i)! "":5 ¡¡:I<~..~..", ",,<:> !'i:1¡ G~ ~~Q !1;?; ~ ~'" ~~ ~~~ ii\~ ~;ï! ~~ ~ ~ ~ "'~ ~~ ""'~ g¡~ "'¡:; ¡o(" m;< ~ "'~ "'~ ,'" ~~~:¿~ ~ ~ ~ ~~ ~~ ,~, "!:It'! ~ ~ ~~ ~ '" ~.. ~~ ~ ~ ~S> ~ ~g¡ ;ï!F1: ~N .., ,,-¡,.. ,,:::< ..~ ' .. ~ ~ ì>~ ~ ~ ~~ '" '" ~<::J ~~ I , <::J ,'ã I ¡" ::i!:: ",. .!,~ ~'" :¡; '" " ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~r~~~~~~~~~~~ z ~ ~~~~~~~~~~~~~~~~~~~~~~~~~NNNNNNNNN---~m 0 ~ ~m~m~~~N-O~~N-o~m~m~~~N-o~m~m~~~N-~-O . ~ ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ ~ N~N~m~N - ~~~N--NN~~N--- m --~m~~---N~- 0 ~ ~~~~~~~~~~~~~~~~;:;~~~~~~~~::~~~~~~~::~~~~~ ~ 2 . ~~~~q~~~~~~~~~~~~q~~~~~qq~~~~~q~~~~q~~~ ~ $ ~ ~~~;~~~ß~~~~~~=~~~~~g~:;~~~;;~~~~~~;~~~ õ ~ ~ ....................................... Z .... ........~~~~~................~~~....... ~ ~ ~ 0 <II ---N~---"'~- -~N-~~---NN~~~mm~ N""-~~~~~~ .... m~momm~m~N~~~-mmNm~m~~~~~mN-mmm~~~~~~m~ > ....................................... z- ~~~~~~~~~:~~Ñ~~~~~~~m~~::~Ñ~~g~:~~~~~~~ ~ ~ ~ . . ~ .. ' ¡; .æ r~' " K ~ > ..," ~ ,:::< '" ?>~<::J~ ~~ ~"~'" ~'" I "':,,",- / cJ - / '7 "~: ',,~ ""'-""~~-,,~...... -- I /'" ","".","","-- '-- --~ o. .-;.:':" Recording Requesled by and Please Return 10: City Clerk City ofChula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required. ... This Space for Recorder.s Use On!r ...... APN(s) Portion of 643-010-1 0 C.V. File No. - TEMPORARY EASEMENT FOR SLOPE & DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby aclmowledged, Steohen & Marv Birch Foundation Inc.. a Delaware Comoration hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of Çalifornia, an easement for and the right to construct, replace, maintain, remove, or modify slope and drainage facilities in, upon, over, and across that certain real property situated in said City of Chula Vista and more particularly described as follows: (SEE EXHIBITS "A" & "B" ATTACHED HERETO AND MADE A PART HEREOF) Together with the right to enter upon and to pass and repass over and along said easement and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes set forth above. RESERVING unto Grantor of the above-descnèed parcel ofland, his snccessors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when, in the opinion of the City Engineer, the necessity therefor is removed by subsrinning other protection, support and/or drainage facility, provided snch snbstitution is first approved in writing by said City Engineer or upon approval of a grading permit consistent with Tentative Map lmown as Otay Ranch SPA One, Chula Vista Tract 96-04 filed August 9, 1996 or any other grading permit approved the the City Engineer. Signed this - day of 199- By: Stephen & Mary Birch Foundation, InC-, a Delaware Corporation By: Date By: Date This is to certify that the interest in reol property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5,1990, and the grantæ(s) consent(s) to recordation thereofby its duly authorized officer. SUSAN BIGELOW, CITY CLERK By: Date: jb/t 3 J 26nlforms/enssJo.OOJ /j -d-O -. > STATE OF CALIFORNIA > COUNTY OF > On before me. I personally appeared - personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in lúslher/their authorized capacity(ies), and that by lúslher/their signature(s) on the instrument the person(s) or the entity upon behalf of wlúch the person( s) acted, executed the instrument. WITNESS my hand and ofñcial seaL Signature notary.one /.1 -d! j-13126N EXHIBIT A TEMPORARY SLOPE EASEMENT PARCEL MD" I All that portion of Fractional Section 4, Township 18 South, Range 1 West, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of - California, described as follows: Commencing at the Northeast corner of Parcel 1 of Certificate of Compliance recorded September 12, 1997 as Document No. 1997-0443746 being a point on the Easterly line of Rancho De La Nacion; thence South 17°52'24" East along the Easterly line of said Rancho and the Easterly line of said Parcell a distance of 117.87 feet to the TRUE POINT OF BEGINNING; thence leaving said lines South 89°22'04" East 52.87 feet; thence South 43°18'53" East 175.82 feet; thence South 07"55'45" East 177.66 feet; thence South 11 °51 '12" East 86.12 feet; thence South 16°34'16" East 193.42 feet; thence South 80°07' 12" East 202.90 feet; thence South 15 °49'39" East 222.53 feet; thence South 06°57'44" East 118.24 feet; thence South 49°51'46" West 148.28 feet; thence South 23°06'07" East 102.49 feet; thence South 16°59'22" East 56.61 feet; thence South 13°51 '10" East 68.08 feet; thence South 1 0°51'46" East 51.53 feet; thence South 20°37'59" East 32.13 feet; thence South 41 °00'42" East 56.85 feet; thence South 22 ° 19'56" East 37.23 feet; thence South 09°08'46" East 162.27 feet; thence South 27"32'57" East 203.84 feet; thence South 60°32'54" East 44.74 feet; thence South 41 °32'52" East 105.86 feet; thence South 11 °21'21" East 78.02 feet; thence South 13°28'27" West 52.36 feet; thence South 29°33'56" West 36.95 feet; thence South 17°28'08" East 80.93 feet; thence South 19° 11 '30" East 202.00 feet to a point on the Northerly line of Lot 3 of said Fractional Section 4; thence along said line North 88°44'42" West 124.37 feet; thence leaving said line North 11°18'11" West 267.86 feet; thence North 35°10'35" East 118.87 feet; thence North 11 °29'29" West 45.11 feet; thence North 41 °32'53" West 39.31 feet; thence North 83°05'31" West 130.24 feet; thence North 11 °31'32" West 39.53 feet; thence North 30°51'01" West 48.70 feet; thence North 20°23'53" West 77.49 feet; thence North 18°10'16" West 37.50 feet; thence North 72°01'56" East 29.29 feet; thence North 27°54'04" East 21.35 feet; thence North 15°32'58" West 105.14 feet; thence North 55°13'01" West 13.82 feet; thence No~h 16°52'09" West 142.09 feet; thence North 38°42'43" West 17.85 feet; thence North 19°23'02" West 39.41 feet; thence North 10°33'07" West 86.70 feet; thence North 16°59'54" West 99.46 feet; thence North 75°06'18" West 39.62 feet; thence North 17"14'23" West 137.32 feet; thence North 57°48'25" East 155.79 feet; thence North 11 °13'43." West 75.01 feet; thence North 17°36'22" West 160.25 feet; thence North 46°38'35" West 17.76 feet; thence South 75°09'51" West 74.89 feet to the beginning of a non-tangent 37.00 foot radius curve concave Northeasterly, to which a radial line bears South 59°32'27" East; thence / d- --..,)..~ . --~.- ...-.. Northwesterly along the arc of said curve through a central angle of 157°09'28" a distance of 101.49 feet; thence South 87°30'24" West 28.82 feet; thence South 72°07'38" West 8.00 feet; thence North 16°23'16" West 56.83 feet; thence North 13°52'16" West 81.76 feet; thence North 21 °39'44" West 108.96 feet; thence North 17°52'24" West 144.18 feet; thence North 02°48'36" West 62.12 feet; thence North 61 °45'19" West 36.99 feet to a point on said Easter\y lines; thence along said lines North 17°52'24" West 228.52 feet to the TRUE POINT OF BEGINNING. - Containing 4.701 acres more or less. ~A~ /ÇJ-/Z-,,"f Robert G. Schoettmer LS.4324 jb/13126n.OO2 /aL -&3 ...~:.:.:~:;;;:~ ~'N~m-~--~O~O~~N~-O~N-~~NO~~N~~~V~~ u'-~o~m-~~~~~N~~~V~~~O~~~O~~-~~N~~~' Z, ................................. <'N-m~N~~~~~~~-~~~ømm~~~~mø-Nøø~~NØ ~:~~~~~V~~~~~NN--~~m~~-~N ~~ø~~~~~~ Õ: ~ ' .... ' ~ :...........~~........~~~.......~~ >- Z:................................. ~ O'~ØON~~~N-~ØØV-~N~V~~~-V~ØØØ~NØ~~Ø ~ -'~~-NON~~O~-~OOVOO~-~~~N~--~-V~~N~ ~ E¡~~~~~~~~~~~~~~~~~~~~~~~~~~;~8!~~~ u ~:ÒÒ~~~~~~ÒÒ~N~~~~Ò~~~~~~N~~N~~NÒ~~ C'N---~-V-~N-~N~~---~-V~~~-- ØVNØ-N :ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ .: O-N~V~Ø~cnO-N~V~Ø~~cn~ø~~cn' O'-N~V~Ø~~cn---------NNNNNNNNNNVVVVV' Z,.................................................................................................................................... . . '. ~ ð . ".¡;.~:."",' ~ I ¡j !;1 ~ ~~ <I .. ~~ ~ ~~ ~ ~~ ~ . ~~ £II <o~ ~ ~~ ~ ~ ;:¡g: ¡¡¡ ~ ~ ~~ ~.. S¡¡¡ ~ ~ "'" ~!I! !>.' - t;:'" "I:: ~'" ~<Ò ~ ¡¡¡~ ~ ~ ~~ ~~ ~~ ~ ~~ ~ ~ ~§1 ~~ ~~ ~,,~~ ~ h ~~ ~~ ~t;: ¡¡¡g§i; §i; §mi:;~ ~~'i:;~ ~~ !~~ I~ ¡~ ¡n ~ ~~~ ~f ~. i ~'H' ~~ m I~II~ '~ ! lIS I.;;~.¡ Ii ~! I I ~¡ Ii! ~ II ~ I ,,~¡g ìI~~~..8~ '" .. c :I þ ~i ~~ æl '" c::¡ !! ~ > '-~ ~ " I1'fOlI ~}.'fJ,O -- -~-~ -- ------- -------- - . Recording Requested by and Please Return to: City Clerk City ofChula Vis!:! P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefas CiO' Only. No Fee Required. Á This Space for Recorder's Use On!!' ÁÁ i APN(s) Portion of 643-0] 0-] 0 c.V. File No. EASEMENT FOR SLOPE & DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Steoben & Marv Birch Foundation Inc.. a Delaware Comoration hereby grant(s) to the CITY OF CHULA VISTA, a municipal corporation, in the County of San Diego, State of 0Ilifornia, an easement for and the right to construct, replace, maintain, remove, or modify slope and drninage facilities in, upon, over, and across that certain real property situated in said City of Chula Vista and more particularly described as follows: (SEE EXHIBITS" A fl & "Bfl ATTACHED HERETO AND MADE APART HEREOF) Together with the right to enter upon and to pass and repass over and along said easement and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contractor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes set forth above. RESERVING unto Grantor of the above-descn"bed parcel ofland, his successors or assigns, the right to eliminate such slopes and/or drainage structures or ponions thereof, when, in the opinion of the City Engineer, the necessity therefor is removed by substituting other protection, suppon and/or drainage facility, provided such substitution is first approved in writing by said City Engineer. Signed this - day of ,199- By: Stephen & Mary Birch Foundation, Inc., a Delaware Corporation By: Date By: Date This is to certify that the interest in real property conveyed herein to the City of Chula Vista, a governmental agency. is hereby accepted by the undersigned City Clerk, on behalf of the Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of said Council adopted on June 5,1990, and the grantee(s) consent(s) to recordation thereofby its duly authorized oftù;er. SUSAN BIGELOW, CITY CLERK By: Date: jbl/3} 26n/forms/ensslo.OO2 /.J-.J.S - ._------~ . > STATE OF CALIFORNIA > COUNTY OF > On before me, I personally appeared - personally known to me. (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signature( s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature notary.one / J. -..J- b j-13126N EXHIBIT A PERMANENT SLOPE EASEMENT PARCEL "E" t All that portion of Fractional Section 4, Township 18 South, Range 1 West, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of California, described as follows: Commencing at the Northeast corner of Parcel 1 of Certificate of Compliance recorded September 12, 1997 as Document No. 1997-0443746 being a point on the Easterly line of Rancho De La Nacion; thence South 17°52'24" East along the Easterly line of said Rancho an'd the Easterly line of said Parcel 1 a distance of 1171.69 feet; thence leaving said lines North 72°07'34" East 13.12 feet to the TRUE POINT OF BEGINNING; thence North 57°48'26" East 13.57 feet; thence South 17"14'23" East 137.32 feet; thence South 75°06'18" East 39.62 feet; thence South 16°59'54" East 99.46 feet; thence South 10°33'07" East 86.70 feet; thence South 19°23'02" East 39.41 feet; thence South 38°42'43" East 17.85 feet; thence South 16°52'09" East 142.09 feet; thence South 55°13'01" East 13.82 feet; thence South 15°32'58" East 105.14 feet; thence South 27"54'04" West 21.35 feet; thence South 72°01'56" West 29.29 feet; thence North 18°10'16" West 33.88 feet; thence North 14°49'48" West 23.61 feet; thence North 09°04'28" West 132.06 feet; thence North 17°51'57" West 23.50 feet; thence North 25°34'00" West 19.69 feet; thence North 32°24'09" West 18.92 feet; thence North 38°03'33" West 15.20 feet; thence North 41 °52'34" West 13.45 feet; thence North 28°34'57" West 16.32-feet; thence North 17°44'20" West 49.34 feet; thence North 12°03'54" West 152.44 feet; thence North 24°20'44" West 56.74 feet; thence North 21 °25' 13" West 42.83 feet; thence North 19°53'21" West 18.32 feet; thence North 17°26'11" West 28.55 feet; thence North 23°25'37" West 31.28 feet to the TRUE POINT OF BEGINNING. Containing 0.445 acres more or less. fiLb ~ ~O-I2--'7 Robert G. Schoettmer loS. 4324 jb113126n.OO2 I.). -~"7 - --------------- , ~ "','::=~:::;:;:::::;I ,,> I ' ~ I ",'"' ">"Q:::¡ t~<6"¡ -.J~~~ ~ L "", . '" ~ ~ ~ =i il ¡:¡ i ;: ë ¡ , / '" .. Co / ~ f ?g $ . ""> ~Co .;;;~ ¡¡; ::¡~ ~ ~ "'< g¡¡~ \i \¡! g¡ 2$2 ~ ~ ",. ~'" ~ ~~ -: '-~ '- ~~ ~I: .... ¡,," ¡. ¡¡;~ ì5 ~ !- ~ !!! "g ~ ;¡¡:..;¡¡::< ;;¡!:i ~(.j ~ ;:j", ~~ ~~ ~ \ê~ ~5 ~~ 11.1 i;:"'<~;¡; ~'" ~ ~~ ~2!O~ ~~ g¡¡¡¡¡¡ ~;:: ~13 h \ê ~~ ~¡;¡ §~ ~¡j¡j ~~ ~¡j ~~~ u~~ ~9 ~ <3"""""';1i"'o-:!i ;¡:.."'~~ ~~ ~~~ h ~~ ~h ~;~ ~~ ~ ~~ ~':":':e~~':'~I!;~ ~~~~¡¡¡'" ~ '<¡¡j '" ¡;;«t> ¡;;I-o ¡;;¡, ¡;;¡;;¡;; h~~ §~t! §: ì1:¡;j ¡¡¡ uSS u~ u~ M u ~ ~IbO !:>Q~ !O " '" i'I~~ i'I:c< ¡O¡:c< i'I¡O¡i'I iii ~..... ~;!;\1 "" :;, ~ ¡¡;,'" '" ¡¡;, ,'" ¡¡;", ¡¡;¡¡;¡¡;. i5l!!iiJo ">¡;~ 0- '" I ~ I . .. ~¡¡¡~ 1:>" 12:é , "0',; ","! ¡¡¡ "'o~;:!:", :¡j<;> '" ,~; "q- '" " ..~ ¡" . .;i ",~$ ò!~~~~§ "<.. '< '> ,,", ~Q: W'--~~N~-~oøN~œ-O~NO~~N~œN~~~~~~~œ-~N ::i ~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ .,¡ ~:~~~Ñ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~ ~: ~i ~ : ~~ ~ ¡~~ww~~~~~~~~~~~~~~~~~~~wwww~~~~~~~~ ~ W ~:~~~v~~Ñò~v~v~~~ò~~v~~~~v~~~~Ñv~~~v~ ~ -'N~~OO~ONO~-~-~~OO~~-N-~~N--O~O~-~~~ ~ B:~~~~~~~~~~~~£~~~~~~~~~~~:;;~~:~~~~~ ~ u ~:~~Ñ~~œ~~ò~~~œv~~Ñœv~~~~Ñ~~~~~~Ñ~o~œ ~- O:-~~N~~----~ ---N~~NN--N~~ - N~Ø~N~N ~~~ :zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz "'u~ .: N~~~~~œ~OO-N~~~Ø~~~O-N~O-N~~~~~œ~ ~ o,ø~--------N~~~~~~~~~~~~~~~~~~~~~~~~ ~ z,~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I~ -d~ -' - ' . Recording Requesled by and Please ReJllm 10: City Clerk City of Chula Vista P.O. Box 1087 Chola Vis12, California 91912 This Instrument Benefits City Only. No Fee Required. .... This Space for Recorder's Use Only"""" I APN(s) Portion of 643-01 0-1 0 c.V. File No. - EASEMENT FOR SLOPE & DRAINAGE PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, - Stephen & Marv Birch Foundation. Inc- a Delaware Corporation hcreby grant(s) to the C11Y OF CHULA VISTA, a II1IUÚcipa1 corporation, m the County of San Diego, State of 'California, an easement for and the right to construct, replace, maintain, remove, or modify slope and drainage facilities in, upon, over, and across that certain real property situated ¡¡, said City of Chula Vista and more particularly descnl>ed as follows: (SEE EXIDBITS "A ~ & "B" ATTACHED HERETO AND MADE APART HEREOF) Together with the right to enter upon and to pass and repass over and along said easement and to deposit tools, implements and other materials thereon by said City of Chula Vista, its officers, agents and employees and by any contIaCtor, his agents, and employees engaged by said City, whenever and wherever necessary for the purposes setforth above. RESERVING unto Grantor of the above-descn1>ed parcel of land, his successors or assigns, the right to eliminate such slopes and/or drainage structores or portions thereof, when, m the opinion of the City Engmeer, the necessity therefor is removed by substituting other protection, support and/or drninage facility, provided such substitution is first approved m writing by said City Engineer. Signed this - day of 199- By: Stephen & Mary Birch Foundation, IDe., a Delaware Corporation By: Date By: Date This is to certify that the inlerest in real property conveyed herein to the City of Chula Vista, a governmental agency, is hereby accepted by the undersigned City Clerk, on behalf of Ihe Chula Vista City Council pursuant to aulh.ority conferred by Resolution No. 15645 of said Council adopted on June 5, 1990, and the granree(s) conseni(s) 10 recordation thereof by its duly authorized officer. SUSAN BIGELOW, C11Y CLERK By: Date: .- jb/13126n/forms/ensslo.OO2 / J. -de¡ > STATE OF CALIFORNIA > COUNTY OF > On before me, I personally appeared - personally known to me (or proved tome on the basis of satisfactory evidence) fo be the person(s) whose name(s) islare subscribed to the within ins1rument and acknowledged to me that he/she/they executed the same in bislher/their authorized capacity(ies), and that by hislher/their signature( s) on t?e instrument theperson(s) or the entity upon behalf ofwbich the person(s) acted, executed the instrument WITNESS my hand and official seal. Signature nOlary,one ,.. /~ - 3CJ J-13126N EXHIBIT A PERMANENT SLOPE EASEMENT PARCEL NF" I All that portion of Fractional Section 4, Township 18 South, Range 1 West, San Bernardino Meridian, in the City of Chula Vista, County of San Diego, State of - c,alifornia, described as follows: Commencing at the Northeast corner of Parcel 1 of Certificate of Compliance recorded September 12, 1997 as Document No. 1997-0443746 being a point on the Easterly line of Rancho De La Nacion; thence South 17°52'24 n East along the Easterly line of said Rancho and the Easterly line of said Parcel 1 a distance of 2508.15 feet to a point on the Northerly line of Lot 3 of said Fractional Section 4; thence along said Northerly fine South 88°44'42" East 10.05 feet to the TRUE POINT OF BEGINNING; thence leaving said Northerly line North 1 JD52'01" West 249.03 feet; thence North 09°30'54" West 34.89 feet; thence North 06°43'13" East 32.89 feet; thence North 19°43'19" East 54.87 feet; thence North 06°53'03" West 18.73 feet; thence North 25°21'52" West 17.33 feet; thence North 45°58'04" West 16.74 feet; thence North 62°30'35" West 36.57 feet; thence North 43°04'16" West 20.38 feet; thence North 20°23'51" West 16.41 feet; thence South 83°05'31" East 130.24 feet; thence South 41 °32'53" East 39.31 feet; thence South 11 °29'29" East 45.11 feet; thence South 35°10'35" West 118.87 feet; thence South 11°18'11" East 267.86 feet to a point on the Northerly line of said Lot 3; thence along said line North 88°44'42" West 14.79 feet to the TRUE POINT OF BEGINNING. Containing 0.539 acres more or less. ~~ ~ /ð-tz.-1., Robert G. Schoettmer loS. 4324 jb/13126n.OO2 .' 1d.-31 --,~----,-,.._., ,..----." .---,-.-,--.-,,--. .< ".' -~~:;I II , / ~ r ~ ! ~ ~~ "", ~:;: ¡:¡ i:J ~~ ~ ~ "', '" '" '" ~ ~~ 3 J" tJ~ ~~ I.. "',' ;>::, ~ ~'" ~;: ..... ,,¡. ...~ ¡¡; '" - "D ,!Ii ~'" m;:¡ ¡¡; C)!!:!", ;¡: "",'" i1i~ ¡z¡0 !>~ ¡¡;'!:~Ijj ~ "'" ~:;: ~ i'/i;/:1'< tiu "'QI .1.11 1;:'< '>:"'~~;;;::¡¡ ...D:¡¡~ '=:;: g",..,O!~~¡:¡~\';!ê ~~",;¡ ¡¡¡~ iõ~~ ~~ "ð :¡¡ " ~ tNi \';9 " ~"" ""'" i"' \';~¡¡¡ !!:~.. ìi!~ -~ ~¡¡¡ ~~ ¡;>~ ~~~ ~~8 ~ìi! ~~ ~~':' ~~ ~':' ~¡¡¡~' ~~~~,~~ ",ì:] ~ìi!;.:t>ìi!;.ìi!¡'ìi!ìi!ìi! ~~~ð8~1:! ~~ ~ ~~~ ~~ ~~ ~gg ~5S¡§ ~~~ !O ~ ~~""" ~"'~'" n~. :!¡i!!~~'~ '" I fuI ~ '" ..~"'~~~~. ~ . iiliJ'~ q~ii: h~~ ~§~ '" ... """- '" '" W'--~~N~-~O~Nm=-O~NO~~N~=N~~~~~~~œ-~N ~ ~:~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~ ~:~~~Ñ~~~::~~~~~~~~~~~~~~~~~~~~~~g~~~ .... . "" ~.'" õ: ~i ~ : ~;:: ~ :..ww.~~~~~~...~........wwww.~...... ~ : ~!~~~~~~Ñõ~~~~~~~õ~~~~~~~~~~~~Ñ~ø~~~~ ~ -'N~~OO~ONO~-~-~~OO~~-N-~~N--O~O~-~~~ § ~¡~~~~~~~;~:~~~~~~~~~~~~~~~~~~~:~~~~~ - u ~:~~Ñ~~œø~o~~ø..œ.~~Ñœ.~ø~~Ñ~~ø~~~Ñ~o~œ ~ O.-~~N~~----~ ---N~~NN--N~~-.N~~~N~N ~ :zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz ~~. . i N~~~OÞ~œmoo-';"";"";'~~';"';O'-N":';":"N...~~...~œ;" ~. o.~~--------N~~~~~~~~~~~~~~~~~~~~~~~~ ~ z,~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ /J-3~ ----- ,,-" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THE DECLARING PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF CERTAIN REAL PROPERTIES FOR FEE SIMPLE, AND PERMANENT AND TEMPORARY SLOPE AND DRAINAGE EASEMENT INTERESTS TO SATISFY OFF-SITE CONDITIONS FOR OTAY RANCH SPA ONE, CHULA VISTA TRACT 97-02 ("TM 97-02") FOR THE OTAY RANCH PAS EO AND PARK PROJECT WHEREAS, the City of Chula vista is a Charter city of the State of California; and WHEREAS, in connection with its municipal purposes, it appears necessary for the City of Chula Vista to acquire certain fee simple, and permanent and temporary slope and drainage easement interests (referred to herein collectively as "Project") to satisfy off-site conditions for TM 97-02 for the Otay Ranch Paseo and Park Project; and WHEREAS, public interest, convenience and necessity require the acquisition of fee simple, and permanent and temporary slope and drainage easement interests to satisfy off-site conditions for TM 97-02 for the Project in the real property more particularly described and depicted on Exhibit "A" thereto, on file in the city Clerk's Office; and WHEREAS, a Final Environmental Impact Report, and addendum for the proj ect, complying with the California Environmental Quality Act were approved by City Council on June 3, 1997, by its Resolution No. 18686; and WHEREAS, said project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and WHEREAS, said real properties, and fee simple, and permanent and temporary slope and drainage easement interests therein, are necessary for the Project; and WHEREAS, said real properties are located entirely within the territorial limits of the city of Chula Vista; and WHEREAS, the City of Chula Vista is authorized to acquire said 1.)-33 real properties, permanent and temporary slope, and drainage easement interests therein by eminent domain pursuant, inter alia, to California constitution Article 1, section 19; California Government Code sections 37350.5, 38002, 38010, 38900, 39732, 40401, 40404, and 66410, et seq.; California Code of civil Procedure Sections 1240.010, 1240.110, 1240.120, and 1255.410. WHEREAS, offers to purchase the required interests in the real properties necessary for the Project have been made to the owners of record pursuant to Section 7267.2 of the California Government Code which offers have not been accepted; and WHEREAS, the City of Chula vista has provided notice to the persons designated in Section 1245.235 of the Code of civil Procedure, and has provided all such persons a reasonable opportunity to appear and be heard on the matters referred to in Section 1240.030 of the Code of Civil Procedure. NOW THEREFOR, BE IT RESOLVED that the Council of the City of Chula Vista finds and determines and hereby declares, by a vote of not less than two-thirds of its members, as follows: 1. That the above recitations are true and correct; 2. The staff report and all evidence presented at the public hearing for this matter have been reviewed and considered. 3. That the public interest, convenience and necessity of the city of Chula vista and the inhabitants thereof require the improvements and appurtenances thereto in connection with the Otay Ranch Paseo and Park Project. 4. That the improvements and appurtenances thereto to be constructed upon, over, under, along, and across the real property described and depicted in Exhibit "AU thereto have been planned and located in the manner which will be most compatible with the greatest public good and the least private injury. 5. That the real property, fee simple, and permanent and temporary slope and drainage easement interests therein, are described and depicted in Exhibit "AU thereto, are 2 /d -:3'-/ ~~_.~--~._---~~----- necessary for the proposed Project. 6. That offers, as required by section 7267.2 of the California Government Code, have been made to the owners of record of the property to be acquired, and the notice and opportunity to appear before the City Council as required by Section 1245.235 of the California Code of civil Procedure have been given. 7. That the City of Chula vista and all appropriate officers, representatives and attorneys are hereby authorized and directed to acquire the real property described and depicted in Exhibit "An thereto, in the name of and on behalf of the City of Chula Vista, and to that end are hereby authorized and directed to commence and prosecute an action in eminent domain for the purpose of acquiring said real property and fee simple, and permanent and temporary slope and drainage easement interests therein and to obtain an order for immediate possession in the manner provided by law. Presented By: Approved as to form by: CÀ-r- ~ Þ John P. Lippitt John M. Kaheny Public Works Director City Attorney H, \shared\engineer\or227res. wpd 3 /,). -.35""