HomeMy WebLinkAboutAgenda Packet 1997/06/17
8' declare ynder penalty of perJury that I am
employed by the City of Chura Vists in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at
Tuesday, June 17, 1997 the PUbIlC):~" Building a~Clty Kall on Council Chambers
6:00 p.m. Public Services Building
DATED.. !f 5/' SIGNED L ~ ".
Rel!Ular Meetin" of the City of Chula Vista City Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Moot -' Padilla -' Rindone -' Salas -, and
Mayor Horton -'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: April 29, 1997 (Special Joint Meeting with Planning Commission and
Growth Management Oversight Commission), May 20, 1997 (Regular
Meeting), and May 27, 1997 (Regular Meeting).
4. SPECIAL ORDERS OF THE DA Y: None submitted.
CONSENT CALENDAR
(Items 5 through 12)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Forni" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that the City Council did not meet in Closed Session
on 6/10/97. It is recommended that the letter be received and tiled.
6. ORDINANCE 2709 APPROVING AN AMENDMENT TO THE OT A Y RANCH SECTIONAL
PLANNING AREA (SPA) ONE PLANNED COMMUNITY DISTRICT
REGULATIONS (first readin~) - McMillin has submitted an amendment for
Villages One and Five. The SPA Amendment proposes changes to the Planned
Community District regulations concerning design standards in Neighborhood
R-II of Village One. Stall recommends Council place the ordinance on first
reading. (Director of Planning) Continued from the meeting of 6/10/97.
7.A. RESOLUTION 18679 MAKING FINDINGS ON THE PETITION FOR THE OTAY RANCH
VILLAGE ONE ASSESSMENT DISTRICT NUMBER 97-2 - Village
Development has formally petitioned the City to use assessment district tinancing
for certain public improvement to be located in Village One of the Otay Ranch.
Staff recommends approval of the resolutions. (Director of Public Works)
Continued from the meeting of 6/10/97.
Agenda -2- June 17, 1997
B. RESOLUTION 18680 MAKING APPOINTMENTS IN THE OTAY RANCH VILLAGE ONE
ASSESSMENT DISTRICT NUMBER 97-2 AND APPROVING THE FORM
OF THE ACQUISITION/FINANCING AGREEMENT THEREFOR
C. RESOLUTION 18681 ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF
THE OT A Y RANCH VILLAGE ONE ASSESSMENT DISTRICT NUMBER
97-2
D. RESOLUTION 18682 DECLARING INTENTION TO ORDER THE ACQUISITION OF
CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT
DISTRICT; DECLARING THE WORK TO BE DONE TO BE OF MORE
THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE
DISTRICT TO BE ASSESSED TO PAY THE COST AND EXPENSES
THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS FOR
THE OT A Y RANCH VILLAGE ONE ASSESSMENT DISTRICT NUMBER
97-2
8. RESOLUTION 18697 FINDING COMPENSATION OF UNREPRESENTED CITY EMPLOYEES
UNFIXED AND UNCERTAIN - Constitutional constraints surrounding the
City's ability to alter compensation of its employees atier service has been
rendered requires Council to make the tinding that compensation for
unrepresented City otïïcers and employees is directly or indirectly tied to
compensation of represented employees. As such, salaries of those represented
employees may not be tixed and detïnite on, or perhaps even sometime after
7/1/97. Staff recommends approval of the resolution. (City Manager)
9. RESOLUTION 18698 ACCEPTING THE CALIFORNIA ALCOHOLIC BEVERAGE CONTROL
(ABC) GRANT IN THE AMOUNT OF $80,000 FOR AN ADDITIONAL
PEACE OFFICER, OVERTIME, TRAINING, TRAVEL AND RELATED
EQUIPMENT AND AUTHORIZING THE POLICE CHIEF TO WORK
WITH THE DEPARTMENT OF ABC TO ESTABLISH THE ABC
PROGRAM - During the tiscal year 1997/98 hudget deliberations, Council
approved Supplemental Budget Report Number 7, accepting the ABC Grant in
the amount of $80.000. Adoption of the resolution is necessary for
implementation for the program to occur. The project is proposed to begin
7/1197 and end 6/30/98. Staff recommends approval of the resolution. (Chief
of Police)
10. RESOLUTION 18699 ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE CITY FOR
FISCAL YEAR 1997/98 PURSUANT TO ARTICLE XIIIB OF THE
CALIFORNIA CONSTITUTION - Article XIIB of the California Constitution
approved by the voters in 1979, and commonly referred to as the Gann
Initiative, requires each local government to estahlish an appropriations limit by
resolution each year at a regularly scheduled meeting or noticed special meeting.
The purpose of the limit is to restrict spending of certain types of revenues to
a level predicated on a base year amount increased annually by an inflation
factor. Staff recommends approval of the resolution. (Director of Finance)
11. RESOLUTION 18700 APPROVING THE APPLICATION OF CYCLE NINE PROJECTS FOR
FUNDING BY THE STATEILOCAL TRANSPORTATION PARTNERSHIP
PROGRAM (SLTPP) - Senate Bill 300 created the SLTPP to identify and
construct locally supported projects with a minimum of State planning and
review in order to encourage local agencies to use funding sources other than
Gas Tax for these projects. Staff has prepared the application for 9th Cycle
funding under this program. Staff recommends approval of the resolution.
(Director of Public Works)
Agenda -3- June 17,1997
t2.A. RESOLUTION 18701 APPROVING FINAL MAPS OF TRACT NUMBER 92-02, SALT CREEK
RANCH, NEIGHBORHOOD 3, UNITS 1 THROUGH 6,
NEIGHBORHOOD 3A, AND NEIGHBORHOOD 6, UNITS 1 THROUGH
5, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS AND
EASEMENTS GRANTED ON SAID MAPS WITHIN SAID
SUBDIVISIONS, REJECTING ON BEHALF OF THE CITY ALL OPEN
SPACE LOTS GRANTED ON SAID MAPS WITHIN SAID
SUBDIVISIONS, AND APPROVING SUBDIVISION IMPROVEMENT
AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENTS - On 10/6/92, Council
approved the Tentative Subdivision Map for Tract 92-02, Salt Creek Ranch.
One condition of approval for the Tentative Subdivision Map required that the
developer enter into an agreement with the City to guarantee the construction
and delivery of low and moderate income housing units in a timely manner. To
comply with this condition, Pacitic Bay Homes has prepared an Affordable
Housing Agreement for the Salt Creek Planned Community. Staff recommends
approval of the resolutions. (Director of Community Development and Director
of Public Works)
B. RESOLUTION 18702 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 92-02, SALT CREEK RANCH,
NEIGHBORHOOD 3, UNITS 1 THROUGH 6, NEIGHBORHOOD 3A,
AND NEIGHBORHOOD 6, UNITS 1 THROUGH 5
C. RESOLUTION 18703 APPROVING AN AFFORDABLE HOUSING AGREEMENT RELATED
TO SALT CREEK RANCH AND AUTHORIZING THE MAYOR TO
SIGN THE AGREEMENT
. . . END OF CONSENT CALENDAR. ..
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdlction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Form" avaiÚlble in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Fonll" available in the lobby and submit it to the City
Clerk prior to the meeting.
13. PUBLIC HEARING CONSIDERING TESTIMONY ON THE FISCAL YEAR 1997/98 LEVY OF
ASSESSMENTS FOR OPEN SPACE DISTRICTS 1-9, 11, 14, 15, 17, 18,
20,23,24,26,31,33, BAY BOULEVARD, AND TOWN CENTER - The
City administers 25 open space districts established over the last 25 years. The
districts provide the mechanism to tinance the maintenance of common open
space areas (canyons, trails, medians, etc.) associated with and benefitting that
particular development. As part of this process, a levy of an annual assessment
is necessary to enable the City to collect funds for the proposed open space
maintenance. On 5/20/97, Council approved the open space reports on
assessments for all existing open space districts and set this date for a public
hearing. A second public hearing is scheduled for 7/15/97. Staff recommends
the public hearing be opened, testimony taken, and the public hearing closed.
(Director of Public Works)
Agenda -4- June 17, 1997
14. PUBLIC HEARING CONSIDERING TESTIMONY ON THE FISCAL YEAR 1997/98 LEVY OF
ASSESSMENTS FOR OPEN SPACE DISTRICT NUMBER 10 - Based on
the advice of the City Attorney, the item has been separated due to conflict of
interest concems since a Councilmember owns property subject to the proposed
assessment in this district. Staff recommends the public hearing be opened,
testimony taken, and the puhlic hearing closed. (Director of Public Works)
15. PUBLIC HEARING CONSIDERING TESTIMONY ON THE FISCAL YEAR 1997/98 LEVY OF
ASSESSMENTS FOR EASTLAKE MAINTENANCE DISTRICT NUMBER
1 - Based on the advice of the City Attorney, the item has been separated due
to conflict of interest concerns since a Council member owns property subject to
the proposed assessment in this district. Staff recommends the public hearing
be opened, testimony taken, and the public hearing closed. (Director of Public
Works)
* * Staff reouests that the followin~ item be trailed until consideration of Item 17. *.
16. PUBLIC HEARING ANNUAL RATE REVIEW FOR SOLID WASTE AND RECYCLING
SERVICES AND CONSIDERATION OF A RATE DECREASE FOR
COMMERCIAL REFUSE COLLECTION - The report describes the
proposed changes to the existing rates charged by Laidlaw Waste Systems, the
City's franchised hauler. Although some of the components of each solid waste
service may be proposed to increase and some to decrease, the overall effect on
the final rates recommended by staff represent a signiticant decrease for
commercial customers and no change for residential customers. Staff
recommends approval of the resolution. (Conservation Coordinator)
RESOLUTION 18704 APPROVING RATE SCHEDULES PRESENTED BY THE CITY'S
PRIVATE WASTE FRANCHISEE FOR SOLID WASTE AND
RECYCLING SERVICES
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions, and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be consillered individually by the Council
and staffrecommentlations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
17. REPORT REQUIREMENTS FOR DETERMINING VIABLE SOLID WASTE
DISPOSAL CONTRACT COLLECTION OPTIONS - On 1/1/97, Allied
Waste Industries of Scottsdale, Arizona purchased Laidlaw Waste Systems Inc.,
the City's solid waste system collection franchisor. The Franchise requires
compliance with the Municipal Codo which allows the City to cancel a contract
where there is a change of ownership unless City approval was obtained. Staff
recommends approval of the resolution. (Deputy City Manager Krempl)
RESOLUTION 18705 APPROVING CONDITIONALLY THE ASSIGNMENT OF THE
CURRENT CITY OF CHULA VISTA SOLID WASTE FRANCHISE BY
LAIDLAW WASTE SYSTEMS INC. TO ALLIED WASTE INDUSTRIES
OF ARIZONA, INC.
Agenda -5- June 17, 1997
18. RESOLUTION 18706 AUTHORIZING PACIFIC BAY HOMES TO CONSTRUCT HUNTE
PARKWAY FROM PROCTOR VALLEY ROAD TO OTAY LAKES
ROAD AND A PORTION OF PROCTOR VALLEY ROAD FROM MT.
MIGUEL ROAD TO HUNTE PARKWAY AND RECEIVE CREDIT
AGAINST DEVELOPMENT IMPACT FEES - The City Engineer has
received a letter from Pacitic Bay Homes requesting authorization to begin
construction of two roadway facilities identitied in the City's Transportation
Development Impact Fee (TDIF) Capital Improvements Projects list and begin
the DlF credit prncess. The grading and improvement plans have been
submitted and approved by the City Engineer as of 5/20/97. Staff recommends
approval of the resolution. (Director of Public Works)
19. RESOLUTION 18707 APPROVING ADMINISTERING AGENCY STATE MASTER
AGREEMENT FOR FEDERAL AID PROJECTS, NUMBER 11-5203 AND
AUTHORIZING THE MA YOR TO EXECUTE THE AGREEMENT - Prior
to the receipt of Federal funds for any local Federal Aid highway-oriented
project, the City and the State are required to enter into a master agreement
relative to prosecution of said projects and maintenance of the completed
facilities. The previous master agreement was approved in 1978. The updated
master agreement now hd"ore Council sets forth the conditions for Federal Aid
project improvements, right of way, fiscal provisions, miscellaneous provisions,
and maintenance. This agreement is similar to the previously approved
agreement which was modified to retlect the new provisions of the lntermodal
Surface Transportation Efficiency Act and re-engineered Local Assistance
procedures. The State has requested that all agencies sign the updated master
agreement. Staff recommends approval of the resolution. (Director of Public
Works)
20. REPORT CONSIDERATION OF AN INCREASE IN SEWER SERVICE CHARGES
The City's last sewer service rate increase was passed in July 1992. Annual
expenditures have increased from $8.62 million in tiscal year 1992/93 to an
estimated $14.12 million in fiscal year 1997/98. Expenditures have exceeded
revenues by a total of approximately $4.5 million between fiscal years 1994/95
and 1996/97. In order to continue to meet expenses related to the sewage
transportation and treatment system, the sewer service rates must be increased.
Staff recommends that Council accept the report and set a public hearing for
8/5/97, time certain for 6:00 p.m., to consider raising the sewer service charge.
(Director of Public Works)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
21. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
Agenda -6- June 17, 1997
22. MAYOR'S REPORTCS)
23. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on June 24, 1997 at
6:00 p.m. in the City Council Chambers.
A joint meeting of the City Council/Redevelopment Agency will he held immediately following the City Council
meeting.
'" declare un~er penalty of perjury that' am
emplo eJ b¡ tL€ of C:1U.>3 Vls;'a in the
O'fjice 0, e :-n ¡ t )OS ed
this f, en 'li~'Jd ¿ .m:ne -'die,: n Board at
Tuesday, June 17, 1997 the iu ~5 au Un ~~~~I~
DATED: ~ SIGNED "Council Chambers
6:00 p.m. - - Public Services Building
(immediately following the City Council Meeting)
Citv of 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 otherwise 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 ß1¡gJ 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 ß1¡gJ action taken,
and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the
minutes which will be available in the City Clerk's Office.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to
Government Code Section 54956.9
e Griffin v. City of Chula Vista.
e Wolfe v. City of Chula Vista.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Westem Council of
Engineers (WCE) , Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
¿cr>. '
,....¡- ~.
June 11, 1997
TO: The Honorable Mayor and City! counci~
FROM: John D. GOSS, city Manager -JG. ~@ /1 J
SUBJECT: city Council Meeting of June 17, 1997
This will transmit the agenda and related materials for the regular
City council meeting of Tuesday, June 17,1997. Comments regarding
the written communications are as follows:
Sa. This is a letter from the City Attorney stating that the City
council did not meet in Closed Session on June 10, 1997.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
JDG:mab
....
-- -.,,' -
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=--'~-:;
--:::-=
ClW OF
CHUA VISTA
OFFICE OF THE CITY ATTORNEY
Date: June U. "" ~
To: The Honorable Mayor and City counci~
From: J- M. K~e~, ciq A~orneY~
Re: Report Regarding Actions Taken n Closed session
for the Meeting of 6/10/97
The City Attorney hereby reports that the City Council did not meet
in Closed session on June 10, 1997.
JMK:lgk
C:\lt\clossess.no
~--/
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
<&\ ""'.""-'"
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COUNCIL AGENDA STATEMENT
Item No. ~
Meeting date: June 17 1997
ITEM TITLE: Ordinance No. 2709 Approving an Amendment (pCM 97-20) to the
Otay Ranch Sectional Planning Area One Planned Community District
Regulations.
SUBMITTED BY: -.. Of_/Æt b\
REVIEWED BY: City Manager \.(; p~ 4/5Vote:(Yes_No..x)
~ /3
In their Otay Ranch SPA One Plan Amendment application, the McMillin Companies proposed
amending the Planned Community District Regulation concerning "Hollywood" driveways.
During the public hearing, McMillin's representative requested the amendment specifically
include market flexibility provisions for the number of units to be built with this concept in
Neighborhood R-ll. The City Council introduced the ordinance based on the applicant's
original proposal which does not include these specific market flexibility provisions. Staff and the
applicant believe the City Council discussion and direction included the market flexibility
provisions and request the ordinance be amended to include the provision. Staff has revised the
ordinance to add language on market flexibility for Neighborhood R-ll only. An affinnative
vote alters the language slightly to include the market flexibility provisions as follows:
A minimum of 30% of the garages on housing located on lots at least 60 feet wide by
110 deep (pads) shall be set back a minimum of30 feet and incorporate a "Hollywood"
driveway (see Village Design Plan). However, for Neighborhood R-11, the model
homes shall include at least one model with the option of being sited and constructed
with the "Hollywood" driveway concept and the minimum percentage to be
constructed in Neighborhood R-11 shall be determined by market conditions.
RECOMMENDATION:
Introduce for First Reading Ordinance No. 2709 approving an amendment to the Otay Ranch
SPA One Planned Community District Regulations
FISCAL IMPACT: None. McMillin has a deposit account that covers the processing of the
SPA One amendment.
~-/
ORDINANCE NO. 2709
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING AN AMENDMENT TO THE
OTAY RANCH SECTIONAL PLANNING AREA (SPA) ONE
PLANNED COMMUNITY DISTRICT REGULATIONS
WHEREAS, an application for an amendment to the Otay Ranch
sectional Planning Area (SPA) One Plan, was filed with the City of
Chula vista Planning Department on April 10, 1997 ("Project") by
the McMillin Companies ("Applicant"); and
WHEREAS, these Planned Community District Regulations are
established pursuant to Title 19 of the Chula vista Municipal Code,
specifically Chapter 19.48 PC Planned Community Zone, and are
applicable to the Otay Ranch SPA One Land Use Plan of the SPA Plan,
and;
WHEREAS, the Planning commission set the time and place for
hearings on said Project and notice of said hearings, together with
its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to Property Owners and
tenants wi thin 1,000 feet of the exterior boundaries of the
property at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as
advertised on May 21, 1997 in the Council Chambers, 276 Fourth
Avenue, before the Planning Commission; and
WHEREAS, a Second-tier Draft Environmental Impact Report (EIR) \
ErR 95-01, a Recirculated Second-tier Draft EIR and Addendum, and
Findings of Fact and a Mitigation Monitoring and Reporting Program
have been issued to address environmental impacts associated with
the implementation of the SPA One Plan and the Project Documents;
and
WHEREAS, the Second-tier EIR 95-01, the Recirculated EIR and
Addendum incorporates, by reference, two prior ErRs: the Otay Ranch
General Development Plan/ Subregional Plan (GDP/SRP) ErR 90-01 and
the Chula vista Sphere of Influence Update ErR 94-03 as well as
their associated Findings of Fact and Mitigation Monitoring and
Reporting Program. Program EIR 90-01 was certified by the Chula
vista City Council and San Diego County Board of Supervisors on
October 28, 1993, and the Sphere of Influence Update EIR 94-03 was
certified by the Chula vista City Council on March 21, 1995; and
WHEREAS, the City Environmental Review Coordinator has
reviewed the Project and determined that the Project is in
substantial conformance with the original SPA One Plan and the
Project Documents and the related environmental documents which
would not result in any new environmental effects that were not
previously identified, nor would the Project result in a
substantial increase in severity in any environmental effects
previously identified, therefore only an Addendum to FEIR 95-01 is
required in accordance with CEQA; and
1¿j;/;¿
WHEREAS, the city Council of Chula vista held a duly noticed
public hearing on June 3, 1997 regarding the Project.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the
City of Chula vista does hereby ordain as follows:
I. ACTION
The City Council hereby approves the amendment to the
ordinance adopting the Planned Community District Regulations
for the Otay Ranch SPA One Plan finding that they are
consistent with the City of Chula vista General Plan and that
the public necessity, convenience, general welfare and good
zoning practice supports their approval and implementation as
follows:
A minimum of 30% of the garages on housing located on lots at
least 60 feet wide by 110 deep (pads) shall be set back a
minimum of 30 feet and incorporate a "Hollywood" driveway (See
Village Design Plan). However. for Neiqhborhood R-11. the
model homes shall include at least one model with the option
of being sited and constructed with the "Hollywood" driveway
concept and the minimum percentaqe to be constructed in
Neiqhborhood R-11 shall be determined bv market conditions.
II. CERTIFICATION OF COMPLIANCE WITH CEQA
That the City Council does hereby find that FEIR 95-01 and
Addendum, the Findings of Fact, the Mitigation Monitoring and
Reporting Program and the Statement of Overriding
Considerations are prepared in accordance with the
requirements of the CEQA, the State EIR Guidelines and the
Environmental Review Procedures of the City of Chula vista.
III. This ordinance shall take effect and be in full force the
thirtieth day from its adoption.
Presented by Approved as to form by
(~~~~
Robert A. Leiter John M. Kaheny, City torney
Planning Director
C:lcrlsp.1.pc
/ t::-3
JUN 16'97 03:39P11 VILLAGE DE\,'ELOPI1ENT F'.2/3
::r: toY} fo
Villag~
DEVELOPMENT
Q".lily ",,""er planned CO","""'liti,, .';"" I Y74
June 16, 1997
The Honorable Shirley Horton and
City Councilmembers
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Re: Agenda Item Number 6
Dear Mayor Horron and Councilmembers:
This letter is to express concern regarding the proposed amendment to the Olay Ranch Sectional
Planning Area One Planned Community District Regulation. The proposed amendment adjusts
the "Hollywood" driveway requirement for Neighborhood R-ll, within WCLF ownership
(McMillin application). We are concerned that a document which applies to the entire SPA One
area. is being amended to change standards for a specific parcel only, based on ownership.
Therefore, we request the Council modify the amendment to maintain the consistent standards
throughout the entire SPA, as follows:
A minimum of30% of the garages on housing located on lots at least 60 feet 'I\'Íde
by 110 deep (pads) shall be set back a minllnum of 30 feet and incorporate a
I "Hollywood" driveway (see Village Design Plan). YeTevcr, far ÞJeighÐerheaå
R4+, I~e model homes shall include at least one model with the option of being
sited and constructed with the "Hollywood" driveway concept and the minimum
I percentage to be constructed in NeigìÑ!aMeeel R 11 shall be deteImined by
market conwtions.
C:\K.cn1\1997'Shirlc)' HottOn I: 0" f: ("nmo tw.,I. $"", 104' "," D..<o. G. 9" 30
06116/97
Tel "0-050-01'>" .1-ox 6",-,..;9.;'6.
JUN 15 '97 03: 41PM VILLAGE DEVELOPMENT P.3/3
Thank you for your consideration of this request.
Sincerely,
~
Kent Aden
Vice President
cc; Rick Rosaler
Bob Leiter
McMillin Communities
C:IKout\I997\Shirlcy florton
06tl6IP7
COUN= AGENDA STATEMENT ~
Item ¡. 7
Meeting Date ~
ITEM TITLE: Resolution /8"¿ 7~aking findings on the petition for the Otay Ranch Vill~
One Assessment District No. 97-2
Resolution 18'¿.ft'Making appointments in the Otay Ranch Village One
Assessment District No. 97-2 and approving the form of the Acquisition/Financing
Agreement therefor
Resolution I 8'" ~ Adopting a map showing the proposed boundaries of the Otay
Ranch Village One Assessment District No 97-2
Resolution I"¿ "~eclaring intention to order the acquisition of certain
improvements in a proposed assessment district; declaring the work to be done to be
of more than local or ordinary benefit; describing the district to be assessed to pay
the cost and expenses thereof; and providing for the issuance of bonds for the Otay
Ranch Village One Assessment District No. 97-2
SUBMITIED BY: Director of Public wor~
REVIEWED BY: City Manageff (4/5ths Vote: Yes_Noll)
Village Development has formally petitioned the City to use ¿¡ssessment district financing for certain public
improvement to be located in Village One of the Otay Ranch. Tonight's actions would initiate the
proceedings for the formation of Assessment District No. 97-2 pursuimt to the "Municipal Improvement Act
of 1913".
,.
RECOMMENDATION: That Council adopt the proposed resolutions making findings on the petition,
making appointments and approving the form of the A~quisition/Financing Agreement, adopting the
boundary map, and approving the Resolution of Intention for Assessment District No. 97-2.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Municipal Improvement Act of 1913 is a financing mechanism which allows the financing of public
infrastructure through the issuance of assessment district bonds, the repayment of which is made from
assessment installments collected from the property owners with their property tax. An acquisition type
assessment district is proposed wherein the developer would construct the public improvements and the City
would acquire them upon completion with funds derived from the sale of bonds. City policy establishes that
only "backbone facilities" providing benefit to the entire property are eligible for assessment district
financing. The developer is responsible for financing the construction ofloca1 subdivision improvements.
The public facilities (see Exhibit I) proposed for financing through the proposed assessment district are the
following:
¿p'l/'7
Page 2, Item
Meeting Dat~
* Paseo Ranchero (4 lanes) - Telegraph Canyon Road to East Palomar Street (lDIF facility)
* East Palomar Street (4 lanes) - Paseo Ranchero to the Eastern Boundary of Village One
* Monarche Drive (2 lanes) - Around Park pol
Bonds are proposed to be issued pursuant to the Improvement Bond Act of 1915. A total of $ 14,553,742
is proposed to be assessed to the district. $10,478,694 will provide for the construction of the proposed
backbone facilities (grading, landscaping, street, utilities, drainage, sewer, potable water, and reclaimed
water). The remaining $4,075,048 will be used to pay for district fonnation, funding of capitalized interest
the bond reserve fund, and bond issuance costs. The final assessment amount is subject to the results
ofa new appraisal to be conducted on the property and to compliance with the "3:1 value to lien" and the
"2% maximum tax" criteria established by Council. The final assessments and the associated financial
indicators will be determined concurrently with the Final Engineer's Report which is planned to be
'tted for Council consideration by late September 1997. The cost breakdown of the preliminary cost
,. estimate ($14,553,742) is shown in Exhibit 2.
Village Development has submitted a formal petition requesting assessment district financing pursuant to
the 1913 Act (see Exhibit 3). Staff has reviewed said petition and has determined that it meets the
requirements of the Streets and Highway Code and recommends acceptance by Council. The developer has
also submitted a map showing the proposed boundary of the district. The map has been found acceptable
and its approval is hereby recommended. A reduced copy of the map (Exhibit 4) is attached to this report.
Tonight's action also includes the formal appointment of the Director of Public Works as Superintendent
of Streets and other administrative appointments to allow the proceedings to go forward in accordance with
the provisions of the law.
The AcquisitionIFinancing agreement sets out the tel1lls and conditions for acquiring the public
improvements. It should be noted that Village Development intents to construct the improvements in three
phases. The agreement requires the developer to provide right-of-way and security for grading and
improvements at certain assessment district and development stages to protect the City in the event that the
developer is unable to financially complete all the improvements. It is planned to have one bond sale with
proceeds to be maintained by the City until the improvements have been constructed and accepted. The
agreement has been prepared by the Bond Counsel and approved by the City Attorney. The proposed
resolution approves the form of the AcquisitionIFinancing agreement. The resolution also authorizes the
City Manager to make minor changes in the agreement deemed to be in the best interest of the City and the
assessment district, subject to the review of the City Attorney and the Bond Counsel. Approval of such
changes to be evidenced by the execution of such agreement by the Mayor for and on behalf of the City.
The resolution declaring the intention is the jurisdictional resolution under the 1913 Act proceedings,
declaring the intent to finance the acquisition of improvements through the issuance of bonds and declaring
that the improvements are a benefit to the properties within the district. This resolution also directs the
Assessment Engineer to prepare a report on the plans, and a description of the improvements proposed to
be acquired. Further, it provides for the issuance of bonds on the project.
p -- ?~
-<
~/I'? /97
Page 3, Item-
Meeting Dat~
Future Actions
The Resolution of Intention directs the Assessment Engineer to prepare the Preliminary Engineer's Report,
which is anticipated to be brought before Council on August 5, 1997. At that time, Council may also set
the public hearing dates. Staff anticipates the hearings to be held by late September 1997 and the bond sale
to take place by mid-November of this year.
FISCAL IMPACT: None, the developer will advance all costs incurred in the proceedings in accordance
with the approved Reimbursement Agreement, subject to reimbursement from bond proceeds in accordance
with the proposed Acquisition/Financing Agreement. The City will receive the benefit of full cost recovery
for the City staff cost (estimated at $15,000).
In accordance with City Policy, the developer shall also pay an origination charge equivalent to 1% of the
estimated bond sale prior to the district formation. Staff is currently seeking approval from Council to
,. increase said percentage. In accordance with staff proposal, the new origination charge for the subject
district would be 2% of the estimated bond sale (approximately $280,000). The origination charge is not
eligible for financing through the assessment district.
Exhibits: 1. Village One Map ~i5'
2. Cost Estimate
3. Petition ~C
4. Boundary Diagram ~O~
Attachments: 1. AcquisitionIFinancing agreement NOT SCANNED
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RESOLUTION NO. In??
RESOlUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
MAKING FINDINGS ON THE PETITION FOR THE OTAY RANCH VILLAGE
'I ONE ASSESSMENT DISTRICT NO, 97-2
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, hae been
p~ted by certain property owners an execulBd peUUon requesting the acquisition of certain publlç
ImprovemenlB, together with appurtønances and appurtenant WOÓ( In connection therewith. said
Impl'Oll8menlB to be açqull9d pursuant to the f8rrns and provisions of the .Munlclpal Improvement Act
of 1913". being DIvision 12 of the StreelB and Highways Code of the State 01 California, In a specIal
assessment district known and designated as ASSESSMENT DISTRICT NO.97-2 (OTAY RANCH,
VILLAGE ONE) (hereinafter referred tD as the .Assessment District").
NOW. THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS;
SECTION 1. That the ebove recitals are all true and colJ'8Cl
SECTION 2. That It Is hereby found that said Petition has been signed by owners owning land
constituting more than sixty percent (60%) of all assessable land within the boundaries of the proposed
Assessment District.
SECTION 3. That HId Petition, as Bleet and hel'llin approved, mee1s all the røqulrements of
Division 4 of the SII'e8IB and Higlways Code 01 the State of California, said Division being the 'Speclal
Assessment Invesllgatlon. Linltatlon and Majority Protest Act of 1931.. No further proceednll8 or
limitations under said Act are applicable.
SECTION 4. This legislative body her&by further finds and dstennlnes, based on written evidence
submitled. that the total estimated amount of the proposed assessmenlB wi! not exceed sevønty-fIve
percent (75%) of the estimated fair market value 01 the land proposed to be assessed after the proposed
public improvements shall have been Installed and acquired.
SECTION 5. That It Is hereby further detennined and found that said PeUUon has been signed by
not only the property owners, as epeåfied in Section 2804 of the Stree15 and HIghways Code, but also
any mortgagee or benefici8l)' under any such existing mortgage or deed of trust, as. required by SectIon
2804.2 of the Streets and Hlpays Code of the State of California.
SECTION 7. Thai said Pe1ltlon shall be retained as a permanent record and remain open tD publlç
Inspection.
Prseenlsd by Approved as to form by
John P. Uppitt John Kaheny
Public Worlal Director City Attorney
,J,M-1' ?/I"/
OS/22/97 THU 11: 37 FAX 819 259 0292 B D "H IiiIOO4
RESOlllTlON NO. 1~¿:8'P
RESOWllON OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
MAKING APPOINTMENTS IN THE mAY RANCH VILLAGE ONE
ASSESSMENT DISTRICT NO. 97-2 AND APPROVING lliE FORM OF AN
ACQUISITIONIFINANCING AGREEMENT THEREFOR
WHEREAS, the CITY COUNCil of the CITY OF CHULA VISTA, CAUFORNIA, Is considering the
formation 01 a special assessment dIstrlct, pursuant to the terms and provisions 01 the 'Municipal
Improvement Act of 1913'. being Division 12 01 the Slr88ts and Highways Code 01 the State 01 California.
for thelnstaJlation 01 certain public wor1<8 0Ilmprov8l1lent, together with appurtenances and appurtenant
work, said special assassment district to be known and designated as ASSESSMENT DISTRICT NO.
97-2 (OTAY RANCH. VILLAGE ONE) (hereinafter referred to as the 'Assessment District"); and,
WHEREAS, at this time, this legislallve body Is desirous 01 making the required appointmenls and
designating persons to peñorm certain duties, In order to allow the proceedings to go lorward to
completion ¡, accordance with the provisions of law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Director 01 Public Wor1<81s hereby appointed to peñorm all 01 the duties and
funçtiona 01 the Superintendent of Streets as said duties are specified and designateclln the "MunJåpal
Improvement Act of 1913', being Division 12 of the Streets and Highways Code 01 the State of California,
lor the above-relerenced Assessment District.
SECTION 3. That the place lor I8COrdation of the assessment roll and diagram shaD be In the
Office of the Superintendent 01 Streets, and said assessment roll and clagram, upon recordation, shall
be kapt as a permanent reoord.
SECTION 4. That the STAR NEWS Is hereby designated as the newspaper lor all publications as
required by law and as necessary lor ccmpletlon of this Assessment District.
SECTION S. That the form 01 the AcquisitlonlFlnancing Agfll8l1lønt by and between the City and
VlDage Development LLC. known as Document No. . a copy 01 which is on 81e In the 0IIIœ
of the CIty Clerk, Is hertlby approved substantially ¡, the fonn submltled. The M.yor Is llUlhortzed to
execute the final form of suå\ Agreement for and on behalf of the City. The City Manager, subject to
the nMew of the City Attorney and Bond Counsel. Is authortzed to approve non-substantlve changes In
the AcquleltionJFlnanång Agreement deemed to be In the best Interests of the CIty and the Assessment
District, approval of such changes to be evidenced by the execution 01 such Agreement A copy of the
final form of such Agreement shall be kept on file in Ihe Office 01 the City Clerk and remain available for
public Inspection.
Presented by Approved as to form by
John P. Uppitt John Keheny
Pubic WOI1cs Director City Attorney
uÆ-t ?8-/
0./22/97 THU 11: 39 FA.{ 619 2.9 0292 II j) "Ii
liiIoos
RESOLUTION NO. /fr¿rj
RESOLUTION Of THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES OF THE
mAY RANCH VlUAGE ONE ASSESSMENT DISTRICT NO. 97-2
WHEREAS, -the CITY COUNCIL of the CITY OF CHULA VISTA, CAliFORNIA, has been
presented and has received a map showing and describing the boundaries of the area proposed to be
assessed In an assessment district lØ1CIer the provisions and authority 01 the "Municipal Improvement Act
of 1913", beIng Division 12 of the Slreelll and Highways Code olll'le SIat8 ofCaDlomla; said assessment
district known and designated as ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH, VILLAGE ONE)
(hereinafter referred to as lI'Ie "Assessment Dlsbict.").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all tJUe and correct.
SECTION 2.. That a map of the Assessment District showing the boundaries of the proposed
Assessment District and lands and property to be assessed to pay the cos1s and expanses to ~1'8
the authorized public improvements designated as "PROPOSED BOUNDARIES OF ASSESSMENT
DISTRICT NO. 97-2 (OTAY RANCH, VlUAGE ONE)" Is hereby submitted. and the same is hereby
approved and adopted.
SECTION 3- That the original map of said proposed boundaries 01 the proposed Assessment
District and one copy thereof Is to be filed In the 0fl\Ce of the City Clerk. -
SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map
01 the Assessment DistriCt. evidencing the dale and adoption of this Resolution. and within fifteen (15)
days after \he adoption of the Resolution Ibdng the lime and place of hearing on \he Ionnallon or extent
of said Assessment District. a copy of said map shall be filed with the correct and proper endorsements
thereon with the County Recorder, all In the manner and lonn provided in SectIon 3111 of the Str88ts
and Highways Code of the State of California.
Presented by Approved as to form by
John P. Uppltt John Kaheny
Public Wor1<s Director CIty Attorney
,j61e-/ '?C -I
Uu, ..,., .au LL' U "...... 0.. <DO U<o. D U ~ Ü .....0
. RESOlUTION NO / fir:z..
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
DECLARING INTENTION TO ORDER THE ACQUISITION OF CERTAIN
IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT;
DECLARING THE WORK TO BE OF MORE THAN L.OCALOR ORDINARY
BENEAT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE
COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE
ISSUANCE OF BONDS FOR THE OTAY RANCH VILLAGE ONE
ASSESSMENT DISTRICT NO. 97-2
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CAUFORNIA, DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The public Interest and convenience require. and It Is !he intention of this body,
pursuant to 11'18 provisions of DMsIon 12 of Ihe Streets and Highways Code of Ihe State of California (lhe
'Municipal Improvement Þd 1913"), to order Ihe acquisition of certain public Improvements. togelher wllh
appurtenancea and eppurtenant work, in a specIal _ment district known and designated as
ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH, VILLAGE ONE) (hereinafter refelT8d to as Ihe
'Ass-ment DIstrict").
DESCRIPTION OF IMPROVEMENTS TO BE ACOUIRED
A. The financing of !he acquisition of certaIn public Improvements deøcrIbed as
street IlT1If'OV8I1Ients to Paseo Ranc:hero (4 lanes) from Telegraph Canyon Road to East Palomar Street,
East Palomar Street (4Ianu) from Paaeo Ranchero extending eastward approximately 6,700 Inea!' feet
and Menarche Drtve (2IanU) loop extending approximately 1,970 linear feel Such Improvements ehøII
Include grading and 8118 preparation; Ins1aIlation of slope and erosion control, sanltaJy sewer. stonn drain,
water, reclaimed water, utility and landscaping Improvements; Installation 01 roadway Improvenlal1tl,
Including a.lrb and gutter. sidewalks. medians. paving, traffic signals, sIr8et lights. 8Ignag8 and striping;
togelher wi1h appurtenances and appurtenant work. .
B. Said streets. I1ghts-of-wayand easements shaD be shown upon Ihe plans h.c_ln
referred to and to be filed wtlh !hes8 proceedings.
C. AI of said work and Improvements to be subsequenUy acquired are to be Initially
Installed at Ihe places and In the par1\cular localions, and to Ihe sizes, dimensions and materials, to Ihe
lines, grades and elevations as shown and delineated upon Ihe plans, profiles and specifications, all to
be made a part of !he Engln8er's 'Report".
D. The description of !he improvements to be acquired contained In Ihls R-elutton
Is general In nature. end Ihe plans and profiles of Ihe work as contained in Ihe Englneer'a 'Report" ehal
be controIlng as to 1h8 correct and detailed description Ihereof.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said Improvements to be ecqulred are of special beneUt to !he propertI- and
land wIJhIn the Aasas8ment District. and this leglslalille boc:Jy hereby makes the expenses of said work
and Impl'OlHlnl8nt charg88b1e upon a district. which Is deScribed as follows:
All that oer1ain territory In Ihe District Included within Ihe exterior boundary Ones
shown on !he plat exhibiting !he property benefited and to be assassecI to pay the costs and expenses
of said work and Impl'CY8l1lenlS In the Assessment District, saki map tiUed .PROPOSED BOUNDARIES
.øi'~/ 7P"/
05/22/D7 THU 11: 42 FAl 81D 25D 02D2 J D & H ~OOD
Resolution No.
Page Two
OF ASSESSMENT DISTRICT NO. 97-2 (OTAY RANCH, VILLAGE ONE)", and which map was
heretofore approved ÍInd which said maP Is on IlIa with the transcript of these proceedings, exCEPTING
therefrom the area shown within the ara of all pub/Ie streets, easements or pubUc rights-of-way. For
all partlculæs as to the boundaries of the Assessment Distrfct, reference Is hereby made to said
previously approved boundary map.
REPORT OF ASSESSMENT ENGINEER
SECTION 3. That this proposed Improvement Is hereby referred to Berryman & Henlgar, who
Is hereby dlrec:tsd to make and lie the report In writing containing the following:
A. Plans and specilicatione of the proposed Improvements to be acquired:
B. An estimate of the cost of the proposed acquisition of the worIcs of IrnpFO\l8l1lent,
Including the cost of the Incidental expenses, In connBCllon therswllh:
"
C. A diagram showing the Assessment DIstrict above refelTed to, which sh8ll1llao
show the boundaries and dimensions of the reepective subdMalone of lend within said Assesament
District, 88 the seme exllIIed at the time of the passage of the Reselutlon of Intention, each of which
aubdlvi8lons shaD be given a seplllilt8 number upon said Diagram;
D. A proposed assessment of the total amount of the 8888B8able costs and
expenses of the acquisition of the proposed Improvement upon the lI8\t8l'aI divisions of land In proportion
10 the estimated 8p8c/aJ benellfB 10 be recelvec:l by such subdM8Iona, rvspectIvely. from said
ImplOVement. SaId assessment shall røfer to such subdivisions upon said diagram by the tespecllve
numbers thereof;
E. The description of the works of ImpFO\l8l1lent to be Installed under these
pl'OC88d1ngs, and scqulsltlon, where neceasæy.
When any portion or percentage of the cost and expenses 01 the Improvements Is
to be paid from sources other than assessments, the amount of such portion or percentage shaI first be
deduct&d from the total estlmatsd costs and expense. of said work and Impl'O\l8l'l'lenfB. and eeid
assessment shall Include only the remainder of the estimated costs and expensØ8. SaId usesament
shall refer 10 said subdivisions by thslr reepectJve numbers 88 usigned pursuant 10 Subsection D. of
this SectIon.
!QMQ§
SECTION 4. Notice 18 hereby given that bonds 10 represent the unpaid _ments, and bear
Interest at the rate of not to ØJCC88d the current legal maximum rate of 12% per annum, wil be Issued
hel8Under In the manner provided In the "Impl'O\t8lTlent Bond Ad of 1915", being Division 10 of the
Streets and Highways COde of the StatII of Callfomia, which bonds shall be Issued not to 8XCII8d the
legal maximum tønn lIS aulholfzed by law, THIRTY-NINE (39) YEARS from the second day of September
next succeeding twelve (12) months from their dal9. The provisions of Par111.1 of said Ad, pl'OYklng
811 alternative procedure for the advance payment of assessments and the calling of bonds shall apply.
HP-:2 71/'-<
06/22/87 THU 11: U FAl 818 268 0282 B J .. H ij 010
Resolution No.
Page Thrøe
The principal amount of the bonds maturing each year shaD be other than an
amOl.l1t equal to an even annual proportion of the aggregate principal of the bonds, and the amount of
principal malurlng In øaå'I year, plus the &mount of Interest payable In that year, will be generally an
aggregalll amount that Is equal each year, except for the first year's adjustment
Pursuant to the provisions of the Streets and Highways Code of the State of
California, specifically Sec:tlon 10603, the Treesurer Is hereby designated as the officer to collect and
receive the assassments during the cash condon period. SaId bonds further shall be serviced by the
Treasurer or designated Paying Agent
.MUNICIPALIMPROVEMENT Ac:r OF 1913.
SECTION 5. That except es herein otherwise provIded for the ls8uance of bonds. all of eald
Improvements shall be açqulrecl pursuant to the provisions of the "Municipal Improvement A1:;t of 1913",
being Division 12 of the Streets and Highways Code of the Sta18 of CalIfornia.
SURPLUS FUNDS
SEc:rION 6. That If any excess shaD be realzed from the assessment, It shall be used, In such
amounts es the legislative body may detennine, In eccordance with the provisions of law for one or mora
of the following purposes:
A. Transfer 10 the general fund; provided that the amount of any such bansfer shall
not exœecI the lesser of One Thousand Dollars ($1,000,00) or five percent (5%) of the total from the
Improvement Fund;
B. As a credit upon the ææssment and any supplemental assessment;
C. For the maintenance of the Improvement; or
D. To call bonds,
SPECIAL FUND
SECTION 7. The legislative body hereby establshes a special Improvement fund Identified
and designatBd by the name of this Assessment DistJIct, and InlO said Fund monies may be tranSferred
at any time to expedite the making of the Improvements herein authorized, and any such advancement
of funds Is a loan and shan be repaid out of the proceeds of the sale of bonds as au1horfzed by law.
PROCEEDINGS INQUIRIES
SECTION B. For any and aU infonnallon relating to 1hese proceedngs, Including information
I'8IatIng to protHt procedure, your attentIon Is dlrecI8d to the person designated below:
ø:P-:J 71) , :J
06/22/97 THU 11: H FAX 819 269 0292 B D . II fi¡011
Resolution No.
Page Four
LOMBARDO DE TRINIDAD, ASSOCIATE CIVIL ENGINEER
PUBUC WORKS DEPARTMENT
CITY OF CHULA VISTA
276 FOURTH STREET
CHULA VISTA. CA 91910
TELEPHONE: (619) 691-5034
Written protes1s should be addresaed to the City Clerk and mailed to the address
Iiat8cl above.
NO CITY UABILITY
SECTION 9. This leglsJallve body hereby further declares not to obligate Itself to advance
available funds from the Tl88SUry to cure any deficiency which may occ:ur in the bond redemption fund.
ThIs determination Ie made pureuant to the authority 01 Section 8769(b) of the Streets and HIghways
Code of the State of Cellfomla, and said det8rminalion shall further be aet fcrth In the I8xt of the bonds
,. Issued pursuant to the "Improvement Bond Act of 1915".
PETITION
SECTION 10. That a peUtion signed by property ownel8 representing more then 80% In area of
the property subject to uaessment for the IICqUlsitlon of said improvements has been signed and tiled
with the legislative body, end no further proceeding or actions win be required under DIvIsIon 4 fA 1118
Streeta and Highway Code of the State of Callfomla, the "Special Assessment Investigation, Umltallon
and MaJority Protest Act of 1931",
WORK ON PRIVATE PROPERTY
SECTION 1,. It Is hereby further detsrmlned to be In the best public Interest and convenience
and more economical to do cerlaJn wOlf( to be acquir8d on pr1vate property to eliminate any disparity In
Iev8I or size betwHl1 the Improvements and the private property, The actual cost of such work Ie to be
added to the ass_ment on the lot on which the work Ie done, and no work of this nature Is to be
perfonned until the written consent of the property owner is first obtained. '
~
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 12. It Is hereby declared that this legislative body proposes to levy an annual
assessment pursuant to SectIon 10204 of the Streets and Highways Code of the State at California, said
annualllSSBSSment to pay CO&t& IncuITed by the City and nol othelWlse relmbul8ed which result from the
admlnJstra8on and coIl8dlon of assessments or from the administration or registration of any aeaoclat8d
bonds and their related Ulds.
UTIUTYIMPROVEMENTS
SECTION 13. It Is the Intsntlon of this leglaJatlve body to enter Into agreements will certain puÞllc
utility companies or pubDc agencies where faciUties to be acquired wi! be owned, managed and
controlled by a ullDty or agency other than lie CIty. Such agreements win be approved prior to II.
ordering of the acquisition of any work. All such agreetnenls are au\ho~ed by and shall be consistent
with \he provisions of Stnlels and Highways Code Section 10110.
/PH 71/-(
06/22/97 TBU 11: 4B FAX 819 269 0292 B D & H 1iiiI012
RBSOIuUon No.
Page five
Pre6enled by Approved lIS to form by
John P. Uppitt John Kaheny
Public Worb Director City Attorney
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v1LLAGE DEVELOPMENT - OTA Y R.ðul\'CH
VILLAGE OJ','E
PRELIMINARY COST ESTIMATE
Description of improvements Cost Estimate
Paseo Ranchero (4 lanes) - ITom Telegraph Canyon to £4,560,447
East Palomar Street
East Palomar Street (4 lanes) - From Paseo Ranchero to 5,354,]22
Colony Advisor's Property
- -
Monarche Drive - Loop road around Park P-] . 564,125
TOTAL CONSTRUCTION COST $10,478,694
Incidental Costs
Cost of Issuance and Underwriter's Discount (4%ofPrincipal) 582,]50
Reserve Fund (10% ofPrincipaJ) 1,455,374
Capitalized Interest (24 months) 2,037,524
TOTAL PROPOSED ASSESSMENT $]4,553,742
-
- This Page Blank -
EXHIBIT 3
TO: CITY COUNCIL FILED IN THE OFFICE OF THE CITY CLERK
CITY OF CHULA. VISTA THIS - DAY OF ,1997.
RE: ASSESSMENT DISTRICT NO. 97-2
(OTAY RANCH, VILLA.GE ONE) - CITY CLERK
PETITION FOR SPECIAL ASSESSMENT PROCEEDINGS
1. We, the undersigned, are the owners of the land depicted within the boundaries of the proposed
Assessment District shown on the map attached as Exhibit "A" and made a part of this document.
2. We petition you to undertake proceedings pursuant to the Municipal Improvement Act of 1913 to form
an Assessment District for the purpose of financing of the acquisition or construcÿon of the following
described public improvements:
Street improvements to Paseo Ranchero (4 lanes) from Telegraph Canyon Road to East Palomar
Street, East Palomar Street (4 lanes) from Paseo Ranchero extending eastward approximately 6,700
linear feet and Monarche Drive (2 lanes) loop extending approximately 1,970 linear feet. Such
improvements shall include grading and site preparation; installation of slope and erosion control,
sanitary sewer, stonn drain, water, reclaimed water, utility and landscaping improvements; installation
of roadway improvements, including curb and gutter, sidewalks, medians, paving, traffic signals, street
lights, sign age and striping; together with appurtenances and appurtenant work.
3. We understand:
A. THAT the cost of the acquisition or construction of the improvements will be charged to the land
which specially benefits from the improvements, including our land;
B. THAT the cost of engineering, legal and other incidental expenses will be included in the project
cost;
C. THAT each property owner may pay his assessment either in cash without interest or in
installments with interest over a period of years.
D. THAT a preliminary estimate of the cost of the acquisition or construction of the improvements,
together with incidentals, contingencies and financing costs, is as follows:
$15,000,000
E. THAT property subject to an assessment lien is subject to judicial foreclosure in cases of
delinquency and non-payment of assessment installments.
4. We consent to the formation of the Assessment District and waive any rights to protest against the
formation of said Assessment District, provided, however, such waiver does not include any rights
which we may have to protest the actual assessment proposed to be levied against our property or
to vote in favor of or in opposition to such assessment pursuant to Article XIIID of the Constitution
of the State of California.
5. We agree to dedicate all required rights-of-way or easements necessary for the works of
improvement, all dedications to be accomplished before the ordering the improvements.
3-/
THE UNDERSIGNED HEREBY CERTIFY UNDER PENAlTY OF PERJURY THAT THEY ARE THE
OWNERS OF RECORD OF THE PROPERTY AS IDENTIFIED BELOW.
NAME OF PROPERTY
DATE OF OWNER & MAIUNG ASSESSOR'S TAX
SIGNING ADDRESS PARCEL NO. SIGNATURE
5/14/97 Village Development 641-040-05 ~
11975 E1 Camino Rea1642-040-16
Suite 104 641-030-13
San Diegol CA 92130 642-050-14
642-050-24
642-070-01
641-080-01
642-090-01
641-020-15
641-020-18
641-060-04
641-060-06
. 641-070-01
It is hereby further stated that the property within the boundaries of the Assessment District at this time
is subject to existing mortgages or deeds of trust.
THE UNDERSIGNED hereby state, as mortgagees or beneficiaries under any existing deeds of trust, that
they acknowledge and join in signature in the Petition for the above-referenced Assessment District, For
further particulars as to any mortgagees or beneficiaries under any deeds of trust, reference is made to
the title report, a copy of which is attached hereto.
DATE OF SIGNING NAME OF LENDER SIGNATURE
Bank of America
.
J'-.;1- .
AGENCY: CITY OF CHULA VISTA
PROJECT: ASSESSMENT DISTRICT NO. 97-2
(OTAY RANCH, VILLAGE ONE)
INSTRUCTIONS
PETITION SIGNATURES
The Petition shall be signed by property owners representing not less than 60% in area of the property
subject to assessment. The signatures shall be by owners of assessable acreaae, and 'owner" is defined
as the person appearing on the latest County Assessor's Roll, or, in the case of transfer of land, the
person who appears to be on the records in the County for the next ensuing year. Itthe person signing
the petition appears as an owner of property as a joint tenant or tenant-in-common, or as a husband or
wife, said property shall be counted as if all such persons had signed.
If the person signing the Petition does not appear to be the owner as shown on the records of the County
Assessor, evidence should be submitted to support the ownership. If the person is signing on behalf of
a corporation, etc., documentation should be presented to show that the person signing the Petition has
the authority to do so.
Please note that the Petition should include the following information:
1. Property owner's name printed;
2. Signature of property owner,
3. Address;
4. Legal description or County Assessor's parcel number,
5. Date of signature.
SUBDIVISION IMPROVEMENTS
If the project or any portion thereof is for the financing and improvement of streets or utilities under a
subdivision condition and subdivision contract, note the following:
1. The subdivider shall submit written evidence that the total estimated amount of the proposed
assessment will not exceed seventy-five percent (75%) of the estimated fair market value of the land
proposed to be assessed after the proposed public improvements have been constructed.
2. If the land to be assessed and subject to the assessment is encumbered or subject to any existing
mortgage or deed of trust, the petition shall also include the signature of any mortgagee or beneficiary
under any existing mortgage or deed of trust. The property owner should also furnish at the time of
submittal of the petition a title report or other appropriate evidence showing the existence of all
mortgages or deeds of trust and the names of any mortgagees or beneficiaries thereunder.
...
3-3
CERTIFICATE OF SUFFICIENCY OF PETITION
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
The undersigned hereby CERTIFIES as follows:
That I am an employee of Berryman & Henigar, the duly appointed Assessment Engineer of the City of
Chula Vista, Califomia.
That on the - day of .1997, I reviewed a Petition requesting the formation of an
Assessment District for certain public works of improvement, together with appurtenances and
appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT
NO. 97-2 (OTAY RANCH, VILLAGE ONE) (hereinafter referred to as the "Assessment District"), a copy
of which is on file in the Office of the City Clerk. .
My examination revealed that said Petition has been signed by property owners representing more than
sixty (60%) percent of the assessable area of lands within the boundaries of the proposed Assessment
District, all as prescribed by Sections 280 and 280 .5 of the Streets and Highways Code of the State
of Califomia ("Special Assessment Investigation, Umitation and Majority Protest Act of 1931").
The undersigned hereby further specifically certifies as follows:
1. That I caused said Petition to be examined and my examination revealed that said Petition was
signed by not less than five (5) owners of assessable land in the proposed Assessment District as
shown by the last equalized assessment roll used by the City, owning lands constituting more than
sixty (60%) of the area of all assessable lands within the proposed Assessment District, all as
prescribed by Section 5896.6 of the Streets and Highways Code of the State of Califomia.
2. That said Petition did represent (_%) percent of the assessable area of
property within the boundaries of the Assessment District.
3. That said Petition meets the requirements of Sections 2804 and 2804.5 of the Streets and Highways
Code of the State of Califomia.
4. That written evidence has been submitted indicating that the total estimated amount of the proposed
assessment will not exceed seventy-five percent (75%) of the estimated fair market value of the
lands proposed to be assessed after the proposed public improvements have been constructed
[Streets and Highways Code Section 2804.1].
The improvements contemplated are subdivision conditioned improvements, and my examination
revealed that the Petition has been signed also by all mortgagees or beneficiaries under any existing
mortgages or deeds of trust as required, and proof of ownership and names of mortgagees or
beneficiaries is attached hereto [Streets and Highways Code Section 2804.2].
Executed this - day of , 1997, at Chula Vista, California.
ASSESSMENT ENGINEER
CITY OF CHULA VISTA
STATE OF CALIFORNIA
q-t/
PROPOSED BOUNDARY MAP
ASSESSMENT DISTRICT No. 97-2
( VIllAGE ONE)
CHUL..t. VISTA. COUNTY OF" SAN DIEGO.
STATE OF CAUFOR~IA
EXHIBIT If
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ATTACHMENT 1
ACQUISITION/FINANCING AGREEMENT
THIS AGREEMENT is made and entered into this - day of 1997, by and between the
CITY OF CHULA VISTA, a charter city duly organized and validly existing under the Constitution and
laws of the State of Califomia, (hereinafter referred to as "City"), and VILLAGE DEVELOPMENT LLC
(hereinafter referred to as "Developer").
WHEREAS, the Developer has petitioned the City to consider the formation of a special assessment
district under the terms and conditions of the "Municipal Improvement Act of 1913", being Division 12 of
the Streets and Highways Code of the State of California (the "1913 Act"), for the acquisition of certain
public improvements, together with appurtenances and appurtenant work within the jurisdictional limits
of said City, said special assessment district known and designated as ASSESSMENT DISTRICT NO.
97-2 (OTAY RANCH, VILLAGE ONE) (hereinafter referred to as the "Assessment District"); and,
WHEREASj'".Developer, in order to proceed in a timely way with its development, desires to construct
certain public works of improvement that are to be owned, operated and maintained by the City (the "City
Improvements"), by the OWD (the "OWD Improvements" and "OWD" respectively) and by various public
utilities (the "Utility Impr!,vements" and "Utility Companies" respectively) and that are proposed to be
included with the works 'of improvement for the Assessment District, namely, the improvements as set
,forth and described in the attached, referenced and incorporated Exhibit "A" (collectively. the
"Improvements"); and,
WHEREAS, the City and Developer are in agreement that the Improvements may be acquired by the City
through the Assessment District financing at prices determined pursuant to the provisions of this
Agreement; and,
WHEREAS, the Developer intends to construct the Improvements in three (3) phases as shown on
Exhibit "B' hereto and Developer has requested that the Improvements be acquired by the City in
phases; provided, however, Developer has requested the opportunity to subsequently negotiate an
amendment to this Agreement to provide for the acquisition by the City of Improvements in discrete
components to be defined by such amendment; and
WHEREAS, the City is willing to provide for such future negotiations contingent upon the closing of
escrow or escrows for the sale of the property within the Assessment District identified as R-1, R-2, R-3,
R-4 and R-5 on Tentative Map No. 96-04 to one or more merchant builders and the closing of the
restructuring of the Developer's debt on the property within the Assessment District and the remainder
of the Otay Ranch; and
WHEREAS, it is the intent of this Agreement that Developer shall, upon the formation of the Assessment
District, the confirmation of assessments and the sale of bonds for the Assessment District, be entitled
pursuant to the provisions of this Agreement to be paid for the Improvements which are integral and a
part of the Assessment District, at the prices as determined by the City; and,
WHEREAS, the City is willing to acquire the Improvements from said Developer subject to the
requirements of the 1913 Act, the applicable policies of the City_including Council Policy Number 505-02
and the Assessment Guidelines for the City of Chula Vista printed March 21, 1995 (the "Assessment
Guidellines), and Developer is desirous that the City purchase said Improvements, and at this time any
of said Improvements currently existing are owned by Developer.
AJ-l
NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
SECTION 1. Recitals. That the above recitals are all true and correct.
SECTION 2. Plans and Specifications. All plans, specifications and bid documents for the
Improvements shall be prepared by the Developer at the Developer's initial expense,
subject to City, OWD and/or the Utility Companies approval, as the case may be (the
"Plans and Specifications"). The costs of acquisition of such Improvements shall include
costs for said plans, specifications, bid documents and all related documentation;
provided, however, such costs shall be subject to the limitations and requirements of the
Assessment Guidelines.
Developer shall not award bids for construction, commence construction or cause
commencement of construction of any Improvements until the Plans and Specifications
for such improvements have been approved by .the City, OWD and/or the Utility
Companies, as the case may be.
SECTION 3. OWO Agreement and Utility Agreements. Developer, OWD and the Utility Companies
have entered, or intend to enter, into agreements pertaining to the design, bidding,
bonding, construction, inspection and acceptance of the OWD Improvements (the OWD
Agreement") and the Utility Improvements (collectively, the "Utility Agreements"). City
and Developer agree that to the extent that the OWD Agreement and the Utility
Agreements do not conflict with the requirements of the 1913 Act pertaining to the
acquisition and financing of the OWD Improvements and Utility Improvements, the OWD
Agreement and the Utility Agreements shall establish the terms and conditions goveming
the preparation of Plans and Specifications for and the inspection and construction of the
OWD Improvements and Utility improvements, but that this Agreement shall control the
Purchase Price to be paid for any such OWD Improvements and Utility Improvements.
A condition subsequent to this Agreement but precedent to the payment of the Purchase
Price for the applicable Improvements shall be the execution by OWD, the Utility
Companies, Developer and City of agreements pursuant to Streets and Highways Code
Section 10110 satisfactory to the parties thereto related to the OWD Improvements and
the Utility Improvements.
SECTION 4. Construction of Improvements. Developer covenants and agrees that all Improvements
shall be constructed by, or under the direction of, Developer and shall be constructed (a)
in substantial compliance with the approved Plans and Specifications (as defined herein)
for such Improvements (b) in a good and workmanlike manner by well-trained adequately
supervised workers, (c) in strict compliance with all governmental and quasi-govemmental
rules, regulations, laws, building codes and all requirements of Developer's insurers and
lenders, (d) free of any design flaws and defects and (e) in compliance with the
requirements of Section 10010 of the Califomia Streets and Highways Code, which
statute requires that any of the Improvements to be acquired by the City which are
completed after adoption of the resolution of intention for the acquisition of such
Improvements must be constructed as if such Improvement had been constructed under
the direction and supervision, or under the autl]ority, of City.
After approval of the Plans and Specifications for the Improvements pursuant to Section
2, Developer shall solicit at least three (3) bids, or, as to Improvements subject to (e) in
the preceding paragraph, shall publicly advertise for bids for such Improvements and
11;- 2
shall provide City with a list of all bids received for the contract Subject to City's prior
written approval, which approval shall not to be unreasonably withheld or delayed,
Developer shall award the contracts for such Improvements to the lowest responsible
bidder. City, in its sole but reasonable discretion stating the reasons therefore, may
require Developer to. reject all bids and require the work for such Improvements to be
rebid.
In order to include the cost of any change order as an eligible cost for purposes of
determining the Purchase Price for an Improvement pursuant to Section 8 of this
Agreement, Developer shall obtain the prior written approval of City, which approval shall
not be unreasonably withheld or delayed.
SECTION 5. Inspection and Acceptance of the Improvements. The construction activities relating
to the Improvements shall be subject at all reasonable times to inspection by authorized
representatives of City, the Utility Companies or OWD, as appropriate. Once an entire
Improvement to be acquired by City is completed in accordance with the approved Plans
and Specifications for such Improvement (including any change orders reasonably
approved by City, the Utility Companies or OWD, as appropriate), then such Improvement
shall be eligible for acceptance by the City for purposes of paying the Purchase Price (as
defined in Section 8 below) for such Improvement.
Prior to acceptance of any Improvement by City for purposes of paying the Purchase
Price, the Developer shall provide to City (i) as-built drawings or other similar plans and
specifications for such Improvement in a form reasonable acceptable to City, OWD or the
Utility Companies, as applicable, (ii) a certificate of Developer, supplemented by
information reasonably satisfactory to City, that any Improvements subject to the
provisions of (e) of the first paragraph of Section 4 to be acquired have been constructed
as if they had been constructed under the direction and supervision, or under the
authority of City, and (iii) a certificate of Developer stating that no mechanics liens or
other encumbrances have attached, or to the best knowledge of Developer, after due
inquiry, will attach to the Improvements to be acquired.
SECTION 6. Warranty of Improvements. The Developer shall be obligated for a period of twelve (12)
months after the date City accepts an Improvement to repair or replace any defects or
failures resulting from the work of Developer, its contractors or agents. Upon the
expiration of such twelve (12) month period, Developer shall assign to City, OWD or
Ublity Companies, as applicable, its rights in and to any warranties, guarantees or other
evidence of contingent obligations of third persons with respect to such Improvement.
At the time City accepts an Improvement, Developer shall post a maintenance bond in
a form reasonably approved by the City, cause a maintenance bond to be posted, or
assign Developers rights under such a bond naming City, OWD or Utility Companies, as
applicable, as beneficiary in an amount equal to ten percent (10%) of the construction
costs of the Improvement in order to secure Developers obligations pursuant to this
Section.
SECTION 7. Notice of Completion and Lien Releases. D~veloper shall notify the City Engineer of
the City (the "City Engineer') in writing upon completion of each of the Improvements to
be acquired hereunder. Developer shall prepare and execute a Notice of Completion for
such Improvement or portion thereof in the form prescribed by Section 3093 of the
Califomia Civil Code and shall record such notice in the official Records of the County.
/1/-3
Developer shall cause its contractors to provide unconditional lien releases for such
Improvements or portion thereof in accordance with Section 3262 of the Civil Code.
Notwithstanding the foregoing, City may waive the requirement for a Notice of Completion
and lien releases if City detennines that as of the date of payment of the Purchase Price
for an Improvement, title to such Improvement or portion thereof satisfies the
requirements for Acceptable Title (as hereinafter defined).
SECTION 8. Payment of Purchase Price. The Developer may request in writing payment of the
Purchase Price (as hereinafter defined) for an Improvement; provided that all
Improvements within the phase of Improvements as shown on Exhibit "B" in which such
Improvement is included have been completed and are ready for acceptance pursuant
to Section 5. herein. Upon satisfaction of the conditions to acceptance of an
Improvement for purposes of paying the Purchase Price as set forth herein, City shall
detennine and pay the Purchase Price for such Improvement in accordance with this
Section 8.
(a) Amount of Purchase Price. The amount to be paid by City for the Improvements or
any portion thereof to be acquired from Developer (the "Purchase Price") as to each
such Improvement shall (i) be detennined by City in accordance with the provisions
of this Section 8, (ii) equal the lesser of the cost or the value thereof, (iii) include the
reasonable cost or value of eligible appurtenant public facilities, (iv) include the costs
of the title insurance policy described in Section 10 (a), and (v) include all other costs
of construction reasonably detennined by City to be eligible under the 1913 Act as a
part of the cost of the Improvements, such as fees and costs incurred in obtaining
pennits and licenses, the "costs of change orders, and engineering and inspection
fees, and the costs of such other items as are specifically referred to on Exhibit "C"
hereto; provided, however, in no event shall the cost or value of the Improvements be
deemed to exceed the contract prices set forth in the contracts and change orders
approved by City. Prior to completion of all of the Improvements, City shall only be
required to pay the lesser of the Purchase Price for an Improvement or the amount
budgeted for such Improvement as described in Exhibit "C". Upon completion of all
of the Improvements, any unpaid portion of the Purchase Price for each Improvement
shall be paid out of Surplus Proceeds in accordance with subsection (d) below.
(b) Documentation. Any payment request submitted by Developer shall be property
. executed and shall include all supporting documents referred to in the payment
request and Section 5 above, including evidence acceptable to the City Attomey of the
City (the "City Attomey") that the Developer's contractors have provided unconditional
lien releases for the Improvement or portion thereof to be acquired. Improvements
constructed on land, if any, to be conveyed to OWD or Utility Companies shall not be
fonnally accepted until the land has been so conveyed. If land is to be conveyed to
OWD or Utility Companies, Developer shall provide the City Engineer with evidence
that the land has been accepted by OWD or Utility companies, as applicable.
(c) Review of Pavment Request. The City Engineer shall review each payment request.
If the City Engineer finds that any such pay.ment request is incomplete, improper or
otherwise not suitable for approval, the City Engineer shall infonn Developer in writing
within twenty (20) working days after receipt thereof, the reasons for his finding.
Developer shall have the right to respond to this finding by submitting further
documentation and/or to resubmit the payment request within thirty (30) days after
/J /- 4
receipt of the denial. A resubmittal shall be deemed a new payment request for
purposes of this Section. The City Engineer shall review any resubmitted payment
request and inform Developer of his approval or denial of it in accordance with this
Section within ten (10) working days after receipt of the resubmission. Costs incurred
under a construction contract entered pursuant to the requirements of this Agreement
and pursuant to change orders approved by City shall be deemed to be reasonable.
The City Engineer shall, after the sale of Bonds (defined in Section 19 below)
pursuant to Section 19 and the receipt of the proceeds of such Bonds which are
intended to be used to acquire the Improvements and after his or her approval of a
payment request; immediately forward a request to the Finance Director of the City
notifying the Finance Director of his or her approval of the payment request and
requesting that such payment be made to the appropriate payee. The Finance
Director shall process any such request of the City Engineer pursuant to the
applicable procedures of the Finance Department and shall make or authorize such
payment pursuant to such procedures.
(d) Surplus Proceeds. Upon completion of construction of all Improvements, the payment
of the Purchase Price for all Improvements up to the amount budgeted for each such
Improvement in Exhibit "C" and the determination by the City that there are excess
proceeds of the Bonds available for the payment of the Purchase Price for any
Improvements ("Surplus Proceeds"), the City shall pay to Developer that portion of the
Surplus Proceeds equal to the amount, if any, of the positive difference between the
amount budgeted for the Improvement as set forth in Exhibit "B". and the Purchase
Price paid pursuant to Section 8(a); provided, however, that Developer has
documented any applicable cost overruns related to the construction of the
Improvements corresponding to such amount to City's reasonable satisfaction.
(e) Pavment, The Purchase Price for each improvement shall be paid to Developer within
thirty (30) days after the date of the City Council's approval of the payment request,
but not earlier than thirty-five (35) days after the recording of a Notice of Completion
for the improvement.
The Purchase Price shall be distributed pursuant to written instructions by all persons
having an interest in the property as of the date of this Agreement. "Interested parties"
shall consist of those parties set forth in Exhibit "0" attached hereto. No cash distribution
sha!1 be made until all parties have executed the appropriate written instructions.
Notwithstanding the foregoing, the Purchase Price or any Surplus Proceeds shall not be
due and payable to the Developer except to the extent of available funds solely from the
proceeds of the sale of Bonds as provided in Section 19 hereof, after all costs of formation
of the Assessment District and all costs of issuance of such Bonds have been paid and
deposits of accrued and capitalized interest to the redemption fund and the initial deposit
to the reserve fund have been made. Beyond the amount of such available proceeds, the
City shall have no obligation to pay for the Improvements contemplated hereby.
Developer requests the opportunity and City- agrees to provide Developer with the
opportunity to negotiate an amendment to this Agreement to provide for the acquisition
of Improvements in 'discrete components" rather than upon completion of all
Improvements within the phases as shown in Exhibit B hereto. The definition of such
discrete components and the identification of such discrete components shall be subject
AI- 5
to such negotiations. The amendment of this Agreement to provide for the acquisition of
Improvements in such discrete components shall be conditional upon (a) the close of
escrow or escrows conveying title to the property within the Assessment District identified
as R-1, R-2, R-3, R-4 and R-5 on Tentative Map No. ,96-04 to a merchant builder or
merchant builders, (b) the close of the restructuring of the current indebtedness on the
property within the Assessment District and the remainder of the Olay Ranch, and (c)
such other matters as the parties may agree. The City agreement to any such
amendment shall not be unreasonably withheld.
SECTION 9. Audit. The authorized representatives of City shall have the right, upon two (2) days
prior written notice to Developer and during normal business hours, to review all books
and records of Developer pertaining to costs and expenses incurred by Developer in
construction of the Improvements.
SECTION 10. Ownership and Transfer of Improvements. The conveyance of the Improvements by
Developer to City shall be in accordance with the following procedures:
(a) Improvements Constructed on Land not Owned bv City. OWD or Utility Companies.
As a condition to the payment of any portion of the Purchase Price, Developer shall
cause an irrevocable offer of dedication to be made to City, OWD or Utility
Companies or an outright grant of a fee interest or easement interest as appropriate,
in the sole discretion of the City, OWD or the Utility Companies, as appropriate, of
the appropriate right, title and interest in and to the portion of such property related
to such Improvement, including any temporary construction or access easements.
Dedication to the City of street right-of-way complying with the provisions of this
Section 10(a) shall satisfy the foregoing condition as to any OWD Improvements or
Utility Improvements to be located within such right-of-way dedication. Developer,
whether or not it is the entity constructing the Improvements, agrees to execute and
deliver to the appropriate entity the documents required to complete the transfer of
Acceptable Title to such portion of the Property. For purposes of this Agreement,
the term "Acceptable Title" shall mean title to the portion of the property to be
conveyed free and clear of all taxes, liens, encumbrances, assessments, easements,
leases, whether any such item is recorded or unrecorded, except those nonmonetary
encumbrances and easements which are reasonably determined by the appropriate
entity not to interfere with the intended use of the portion of the property. As a
further condition to the payment of the Purchase Price for any City Improvement,
- Developer at its sole cost and expense, subject to reimbursement pursuant to
Section 8. shall cause to be issued a policy of title insurance for such portion of the
property in an amount not to exceed the Purchase Price and in the form normally
required by City in connection with the dedication of land for subdivision
improvements and containing such title endorsements as may be reasonably
requested by City. City's final acceptance of the portion of the property and the City
Improvements constructed thereon shall not be unreasonably withheld or delayed.
(b) Improvements Constructed on land Owned bv City, OWD or the Utility Companies.
If Developer is authorized to construct an Improvement on land owned in fee by City,
OWD or the Utility Companies, as appropriãte, or on land over which such applicable
entity owns an easement Developer shall obtain the necessary encroachment
permits to enter such land for purposes of constructing such Improvement. City shall
cooperate with Developer in issuing such encroachment permits. Improvements
shall be inspected by City on an ongoing basis.
,4/_6
SECTION 11. Grading and Subdivision Improvement Bonds. Prior to the sale of the Bonds or any
portion thereof, Developer shall be required to post bonds or other security acceptable
to the City to guarantee completion of the Improvements. Such bonds or other security
shall conform to the bonding requirements imposed as conditions of approval of Tentative
Map No. 96-04.
Bonds for specific Improvements shall not be required or may be released if: (1) such
Improvements constitute a portion of the required subdivision improvements, (2) Bond
proceeds to construct or acquire such Improvements are available prior to recordation of
the final subdivision or parcel map, and (3) the Improvements are to be constructed
entirely with the proceeds of the Bonds. Provided that conditions (1) and (2) are
satisfied, if an Improvement is to be constructed or acquired only in part with the
proceeds of the Bonds, subdivision improvement bonds or security bonds shall not be
required for that portion of the Improvements to be so constructed or acquired except
with respect to the portion that will not be acquired or construction with Bond proceeds.
City will cooperate with Developer in the termination. or exoneration of any subdivision
improvement bonds or security bonds assuring completion of Improvements for which
bonds have been sold.
SECTION 12. Indemnification by Developer. Developer shall defend, indemnify and hold harmless
City, its officers, directors, employees and agents, from and against any and all claims,
losses, liabilities, damages, including court costs and reasonable attorneys, fees by
reason of, or resulting from, or arising out of the design, engineering and construction of
the improvements; provided that any claims which relate to the Improvements shall be
limited to those arising out of personal injury or property damage caused by actions or
omissions by Developer or Developers employees, agents, independent contractors or
representatives which occurred during the period prior to the transfer of title to the
Improvements by City, whether or not a claim is filed prior to the date of acceptance of
the Improvements. Nothing in this Section 12 shall limit in any manner City's rights
against any of the architects, engineers. contractors or other consultants employed by the
Developer which has performed work in connection with construction or financing of the
Improvements.
Except as set forth in this Section 12, no provision of this Agreement shall in any way
limit the extent of the responsibility of Developer for payment of damages resulting from
the operations of the Developer, its agents, employees or contractors.
.
SECTION 13. Obligation of City. The City has no legal or financial obligation to construct or finance
the actual construction of the Improvements. All costs incurred for actual construction
of the Improvements, including all incidentals thereto, shall be bome by Developer. The
City's obligations are limited to the acquisition of the Improvements pursuant to the
provisions of this Agreement.
SECTION 14. Failure by Developer to Construct Improvements. At any time that the construction of
the Improvements is not progressing within a reasonable time or the Developer fails to
demonstrate a continuing ability to complete the construction of the Improvements, the
City may give written notice of such failure of pèrformance to the Developer. Developer
shail have sixty (60) days from the date of receipt of such notice to cure such failure of
performance by demonstrating to the satisfaction of the City during such cure period
reasonable progress in the construction of the Improvements and a continuing ability to
/f1-7
complete the construction of the Improvements. Should Developer fail to satisfactorily
demonstrate such reasonable progress or such continuing ability, this contract may be
terminated by the City by providing ten (10) days written notice to the Developer. Upon
termination, the City may in its sole discretion then proceed to advertise and bid the
balance of the Improvements, and there will be no further obligation for payment due
pursuant to this Agreement
In the event that the City chooses not to advertise and bid the balance of the
Improvements following such a termination, any monies remaining in the improvement
fund for the Assessment District and not appropriated or subject to appropriation for
eligible expenses of the Assessment District previously incurred shall be transferred to
the redemption fund for the Assessment District and used to call outstanding Bonds
and/or to give a cash refund to property owners who have previously prepaid their
assessment obligation.
SECTION 15. Agreement Contingent. As a precondition to the obligations of the City hereunder and
at the time the City Council shall, after public hearing and tabulation of the assessment
ballots submitted pursuant to Article XIIiD of the Constitution of the State of CaJifomia,
confirm the Engineer's Report on the cost of Improvements and proposed spread of
assessments, Developer shall pay ("Origination Payment") in cash to City an origination
charge of 1.0"10, or such other percentage as may be established by the City Council and
be in effect at the time of such public hearing, of the Engineer's estimate of the total
costs of the acquisition of the Improvements, all incidental costs, costs of issuance of the
Bonds and any other financing charges as estimated in the Engineer's Report confirmed
by the City Council. Said Origination Payment shall be at Developer's own expense and
not recoverable from the proceeds of the assessment or from the proceeds from the sale
of the Bonds. In the event that the Bonds are, for any reason, not sold, the amount of
the Origination Payment shall be returned to the Developer, less any costs to the City;
provided, however, the amount of the origination Payment shall not otherwise be adjusted
by differences between the actual and estimated costs of the Improvements and financing
charges. This Agreement is contingent upon the confirmation of assessments and
successful sale of Bonds, and it shall be null and void if said Bonds are not sold within
a three (3) year period following the date of this Agreement, or any mutually agreed
extension; however, this time can be extended by request of the Developer and
concurrence of the legislative body.
T~e City may, at its option, suspend the periormance of its obligations under this
Agreement if, during the 30-day statute of limitations period following the formation of the
Assessment District, any legal challenge is filed relating to the validity or enforceability
of this Agreement, the Assessment District proceedings or the issuance of the Bonds.
The obligations of the City hereunder shall be reinstated upon the entry of a final
judgment in any such proceedings upholding the validity and enforceability of the
Agreement, the Assessment District proceedings and the issuance of the Bonds. In the
event that a final judgment is entered invalidating or declaring unenforceable this
Agreement, the Assessment District proceedings or the issuance of the Bonds, the City
may, at its option, terminate this Agreement.
/fl- 8
SECTION 16. Notice of Assessment. Developer, or the successor or assigns of the Developer, shall
provide written notice to all potential purchasers of lots in a form satisfactory to City so
advising the potential owner of the fact of the proposed or confirmed Assessment District,
with said document being executed by the potential purchaser. Such notice shall be
provided to the potential purchaser a reasonable time before the potential purchaser
becomes contractually committed to purchase the lot so that the potential purchaser may
knowingly consider the impact of the assessment in the decision to purchase the lot. A
copy of all such notices executed by actual purchasers shall be sent to the City Engineer.
SECTION 17. limitation of Aggregate Taxes and Assessments. Developer shall include in any future
agreement to sell all or any portion of the property to any person or entity (a "Builder")
for the purpose of constructing and marketing owner-occupied residential dwelling units
(a "Builder/Developer Agreemenf') provisions requiring the inclusion of the following
"escrow instructions" in all sales by such Builder to residential home owners:
1. At or prior to the closes of each such escrow, the Escrow Company shall apply a
"calculation formula" previously approved by the City Engineer of the City and
deposited with the Escrow Company by the Builder to determine the aggregate of all
annual ad valorem property taxes, all special taxes and all assessment installments
(the "Total Annual Taxes and Assessments" applicable to the parcel subject to such
escrow (the "Applicable Parcel").
2. If the Total Annual Taxes and Assessments exceeds 2% of the sales price of the
Applicable Parcel, the Escrow Company will make immediate written demand upon
the Developer for deposit into the escrow of the funds necessary to prepay the
assessment for the Assessment District so that the Total Annual taxes and
Assessments will thereafter be equal to or less than 2% of the sales price of the
Applicable Parcel. Such funds must be received by the Escrow Company prior to the
close of escrow of the sale of the Applicable Parcel. Upon closing of such escrow the
amount so deposited by the Developer pursuant to this escrow instruction shall be
sent by the Escrow Company to the Finance Director of the City, together with written
instructions, that such amount is to be used to partially prepay the assessment of the
Applicable Parcel for the Assessment District.
In addition to any other remedy provided for by law or in equity, the City may enforce
the provisions of this Section 17 by an action for specific perlormance or injunctive
- relief or both.
SECTION 18. Relationship to Public Works. This Agreement is for the construction and acquisition
of certain Improvements by City and the sale of the Bonds for the payment of
construction and acquisition costs for such Improvements and such other amounts as are
herein provided, and is not intended to be a public works contract. In perlorming its
obligations under this Agreement, Developer is an independent contractor and not the
agent of City. City shall have no responsibility for payment to any contractor or supplier
of Developer. Notwithstanding the foregoing, Developer may be subject to certain public
contract requirements as provided in Section 10010 of the California Streets and
Highways Code and Section 4 of this Agreemënt.
SECTION 19. Sale of Bonds. If and when the Assessment District is successfully formed, acquisition
of the Improvements ordered and assessments confirmed, the City shall proceed with the
It/ - 9
issuance and sale of improvement bonds to represent unpaid assessments within the
Assessment District (the "Bonds") to be issued pursuant to the "Improvement Bond Act
of 1915", being Division 10 of the Streets and Highways Code of the State of Califomia.
The proceeds of the Bonds shall be used in the following priority to (i) fund a reserve
fund for the payment of principal and interest with respect to the Bonds; (ii) fund
capitalized interest on the Bonds in an amount not to exceed the amount provided for in
the Final Engineer's Report for the Assessment District; (iíi) pay for costs of issuance of
the Bonds including, without limitation, underwriter's discount, bond counsel fees, printing,
and paying agent fees; (iv) pay for the costs of forming the Assessment District; and (v)
the acquisition of the Improvements pursuant to the provisions of this Agreement.
The timing of the issuance and sale of the Bonds, the terms and conditions upon which
the Bonds shall be issued and sold, the method of sale of the Bonds and the pricing of
the Bonds shall be determined solely by the City and shall conform to all applicable
policies of the City. The sale of the Bonds shall be subject to receipt by the City of a
public bid or bond purchase agreement which is acceptable to the City.
Notwithstanding the foregoing, the aggregate principal amount of the Bonds shall not
exceed one-third (1/3) of the value of the property within the Assessment District subject
to assessment as determined by an independent appraisal undertaken for the City
utilizing the appraisal assumptions approved by the City. City may, in its sole discretion,
approve an altemate form of security or securities to offset a deficiency in the required
value-to-lien ratio.
Developer agrees to provide all information regarding the development of the property
within the Assessment District, including the financing plan for such development, which
the City and/or the initial purchaser of the Bonds or its counsel deems necessary to
ensure that the official statement for such Bonds complies with the requirements of Rule
15c2-12 of the Securities and Exchange Commission (the "Rule") and all other applicable
federal and state securities laws. Additionally, Developer agrees to enter into a continuing
disclosure agreement to provide such continuing disclosure pertaining to the Assessment
District, the development thereof and the Developer as the initial purchaser of the Bonds
or its counsel deems necessary to ensure ongoing compliance with the continuing
disclosure requirements of the Rule.
SECTION 20. Conflict with Other Agreements. Nothing contained herein shall be constructed as
rereasing Developer from any condition of development or requirement imposed by any
other agreement with City. In the event of a conflicting provision, such other agreement
shall prevail unless such conflicting provision is specifically waived or modified in writing
by City.
SECTION 21. General Standard of Reasonableness. Any provision of this Agreement which requires
the consent, approval, discretion or acceptance of any party hereto or any of their
respective employees, officers or agents shall be deemed to require that such consent,
approval or acceptance not be unreasonably withheld or delayed, unless such provision
expressly incorporates a different standard.
SECTION 22. Entire Agreement; Amendment. This Agreement and the agreements expressly referred
to herein contains all of the agreements of the parties hereto with respect to the matters
contained herein and no prior or contemporaneous agreement or understandings, oral
AI- 10
or written, pertaining to any such matters shall be effective for any purpose. No provision
of this Agreement may be modified, waiver, amended or added to except by a writing
signed by the party against which the enforcement of such modification, waiver,
amendment or addition is or may be sought.
SECTION 23. Notices. Any notice, payment or instrument required or permitted by this Agreement to
be given or delivered to either party shall be deemed to have been received when
personally delivered or seventy-two (72) hours following deposit of the same in any
United States Post Office in Califomia, registered or certified, postage prepaid, addressed
as follows:
Developer: Village Development LLC
11975 EI Camino Real, #104
San Diego, CA 92150
Attn: Kent Aden
City: 276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Manager
Each party may change its address for delivery of notice by delivering written notice of
such change of address to the other party.
SECTION 24. Severability. If any provision of this Agreement is held to be illegal or unenforceable by
a court of competent jurisdiction, the remainder of this Agreement shall be given effect
to the fullest extent reasonably possible.
SECTION 25. Successors and Assigns. This Agreement shall be binding upon and inure to the
benefit of the successors and assigns of the parties hereto. Developer may not assign
its rights or obligations hereunder except upon written notice to City within ten (10) days
of the date of such assignment indicating the name and address of the assignee. Upon
such notice and the assumption by the assignee of the rights, duties and obligations of
the Developer arising under or from this Agreement, Developer shall be released by city
from all future duties or obligations rising under or from this Agreement, Notwithstanding
the preceding sentence, Developer may assign its rights and obligations hereunder as
security to lenders for the purpose of obtaining loans to finance development within the
ASsessment District, but no such assignment shall release Developer from its obligations
hereunder to City.
SECTION 26. Governing Law. This Agreement and any dispute arising hereunder shall be governed
by and interpreted in accordance with the laws of the State of Califomia, Additionally, this
Agreement and the construction of the Improvements shall be subject to all City
ordinances and regulations relating to the requirement of improvement agreements, land
division, improvement security or other applicable development requirements.
SECTION 27. Waiver. Failure by a party to insist upon the s!rict performance of any of the provisions
of this Agreement by any other party, or the failure by a party to exercise its rights under
the default of any other party, shall not constitute a waiver of such party's right to insist
and demand strict compliance by any other party with the terms of this Agreement
thereafter.
111- 11
SECTION 28. Singular and Plural; Gender. As used herein, the singular of any work includes the
plural, and terms in the masculine gender shall include the feminine.
SECTION 29. Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original.
SECTION 30. Construction of Agreement. This Agreement has been reviewed by legal counsel for
both the City and the Developer and shall be deemed for all purposes to have been
jointly drafted by the City and the Developer. No presumption or rule that ambiguities
shall be construed against the drafting party shall apply to the interpretation or
enforcement of this Agreement. The language in all parts of this Agreement, in all cases,
shall be construed as a whole and in accordance with its fair meaning and not strictly for
or against any party and consistent with the provisions hereof, in order to achieve the
objectives of the parties hereunder. The captions of the sections and subsections of this
Agreement are for convenience only and shall not be considered or referred to in
resolving questions of construction.
SECTION 31. No Obligation to Form Assessment District. Developer acknowledges that the decision
of the City Council of the City to form the Assessment District is a legislative action and
the City may not enter into an agreement to obligate the. City Council to exercise its
legislative discretion in a particular manner or for a particular result. This Agreement does
not, therefore, in any way create a contractual, legal or equitable obligation of or
commitment by the City to approve the formation of the Assessment District.
[End of page. Next page is signature page.]
It / - 12
Signature Page
Acquisition/Financing Agreement by and between
the City of Chula Vista and Village Development LLC
EXECUTED by and between the parties hereto on the day and year first hereinabove written.
'CITY"
CITY OF CHULA VISTA
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST: APPROVED AS TO FORM:
O---~~
CITY CLERK JOHN KAHENY. CITY ATTOR EY
CITY OF CHULA VISTA CITY OF CHULA VISTA
STATE OF CALIFORNIA STATE OF CALIFORNIA
"DEVELOPER"
VILLAGE DEVELOPMENT LLC
By:
It 1- 13
----u -"' -"'-'
EXIDBITS TO THE AGREEMENT SHALL BE PROVIDED
PRIOR TO THE CITY COUNCIL MEETING
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COUNCIL AGENDA STATEMENT
Item 8"
Meeting Date 6/17/97
ITEM TITLE: Resolution / g¿} 9:; Finding Compensation of
Unrepresented city Employees Unfixed and Uncertain
SUBMITTED BY: City Manager ff (4/Sths Vote: Yes- No-.JL)
Constitutional constraints surrounding the City's ability to alter
compensation of its employees after service has been rendered
requires the City Council to adopt the attached resolution making
the finding that compensation for unrepresented City officers and
employees is directly or indirectly tied to compensation of
represented employees and, as such, salaries of those represented
employees may not be fixed and definite on, or perhaps even
sometime after, July 1, 1997.
RECOMMENDATION: Adopt the resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: It appears as though negotiations with the City's
bargaining units may not be completed prior to the commencement of
fiscal year 1997-98. While it is the City's position at the
negotiating table that any agreements reached after the
commencement of the fiscal year will not be retroactive, such an
issue is and must be negotiated.
In the case of unrepresented employees or officers, constitutional
constraints would not allow for retroactive adjustments to the
compensation of unrepresented employees or officers unless a
declaration and finding by the City Council is made indicating that
such compensation is directly or indirectly tied to the
compensation of represented employees.
Adoption of the resolution does not automatically provide for
retroactivity, but provides a mechanism whereby the City Council
can legally make that determination when the negotiations process
is complete.
FISCAL IMPACT: While the adoption of this resolution does not have
an immediate fiscal impact, if the City Council approves a
retroactive compensation package as a result of the negotiations
process, there will be a future fiscal impact, the amount of which
is unknown at this time.
H:ISHAREDIADMINIUNREP.A 13
[5~/
RESOLUTION NO. / 8"'}/I?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA FINDING COMPENSATION OF UNREPRE-
SENTED CITY EMPLOYEES UNFIXED AND UNCERTAIN
WHEREAS, the city is involved with negotiations with its
represented employees to determine compensation to be paid to
represented employees for a period of time subsequent to the
expiration of existing Memoranda of Agreement with said represented
employees' recognized representatives; and
WHEREAS, negotiations with said recognized
representatives may not be completed prior to the beginning of the
next fiscal year; and
WHEREAS, the compensation of unrepresented officers and
employees in the city is directly or indirectly tied to the
compensation of represented persons.
NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council
of the City of Chula vista does find and declare that all
compensation for unrepresented City officers and employees is
directly or indirectly tied to compensation of represented city
employees and therefore is not fixed and definite on and after July
I, 1997.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula Vista does further find that, due to the expiration of
existing labor agreements with represented bargaining units on July
I, 1995, and the duty of the City to meet and confer with them, the
compensation of represented city employees is neither fixed nor
certain as of July 1, 1997.
BE IT FURTHER RESOLVED that the City Council does hereby
direct that the salaries and compensation for both represented and
unrepresented employees shall remain the same until such time as
the City Council takes further action.
Presented by Approved as to form by
John D. Goss
City Manager
H:ISHAREDIADMINIUNREP.A 13
7f --- cJ,
COUNCIL AGENDA STATEMENT
Item: q
-
Meeting Date: 06/17/97
ITEM TITLE: )~b9~
Resolution Acceptance of the California Alcoholic Beverage
Control (ABC) Grant in the Amount of $80,000 for an Additional
Peace Officer, Overtime, Training, Travel and Related Equipment
and Authorizing the Police Chief to Work with the Department of
ABC to Establish the ABC Program.
SUBMITTED BY: Chi'" of pouœV ¿§)¡
Cily M=", ,j:j ~ L J
REVIEWED BY:
4/5ths Vote Required: - Yes X No
During the FY 97-98 Budget deliberations, Council approved Supplemental Budget #7, accepting
and appropriating the ABC Grant in the amount of $80,000. The Police Department is one of
ten agencies receiving a California Alcoholic Beverage Control (ABC) grant state-wide. The
grant position will be used to enforce, organize and assist licensees to improve regulation
compliance. The funds are available for a one-year period and have been appropriated during
the FY 97-98 budget process to cover the expense of a full-time Peace Officer, overtime,
training, traveJ and related equipment. Adoption of the resolution is necessary for
implementation of the program to occur.
Recommendation
Staff's recommends that Council adopt this resolution accepting the ABC grant and authorizing
the Police Chief to work with the Department of ABC to establish the ABC Program.
Discussion
During the FY 97-98 Budget deliberation, Council approved Supplemental Budget #7, accepting
the ABC Grant in the amount of $80,000. The Department is one of ten agencies receiving an
ABC grant state-wide. The grant position will be used to enforce, organize and assist licensees
to improve regulation compliance. The funds are available for a one-year period and will be
used to cover the expense of a full-time Peace Officer, overtime, training, travel and reJated
equipment. Adoption of the resolution is necessary for implementation of the program to occur.
The Department of ABC requires adoption of the resolution prior to implementation of the
project. The project is proposed to begin July I and end June 30, 1998.
9-/
Item: - Page: L
Meeting Date: 06/17/97
Fiscal Impact
Acceptance of the $80,000 grant award from ABC for the one-year project duration has no
impact on the General Fund. Moreover, staff believes additional revenues will be derived from
enforcement related activity. These revenues could be used to offset the cost of the additional
officer in subsequent years. Based on these potential revenues and other potential funding
sources; staff recommends that future funding of this position be reevaluated in the FY 98-99
Budget.
[scs\b:\al13s\abcgrant.l13]
9-,2
RESOLUTION NO. /Õ¿ 9~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE CALIFORNIA ALCOHOLIC
BEVERAGE CONTROL (ABC) GRANT IN THE AMOUNT OF
$80,000 FOR AN ADDITIONAL PEACE OFFICER,
OVERTIME, TRAINING, TRAVEL AND RELATED
EQUIPMENT AND AUTHORIZING THE POLICE CHIEF TO
WORK WITH THE DEPARTMENT OF ABC TO ESTABLISH
THE ABC PROGRAM
WHEREAS, the City of Chula vista desires to undertake a
certain project designated as the ABC Program to be funded in part
from funds made available through the Grant Assistance to Local Law
Enforcement Agencies Project administered by the Department of
Alcoholic Beverage Control (hereafter referred to as ABC); and
WHEREAS, during the FY 97-98 Budget deliberations,
Council approved Supplemental Budget #7, accepting and
appropriating the ABC Grant in the amount of $80,000; and
WHEREAS, the grant position will be used to enforce,
organize and assist licensees to improve regulation compliance; and
WHEREAS, the funds are available for a one-year period
and will be used to cover the expense of a full-time Peace Officer,
overtime, training, travel and related equipment; and
WHEREAS, adoption of the resolution is necessary for
implementation of the program to occur.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept the California Alcoholic
Beverage Control Grant in the amount of $80,000 for an additional
Peace Officer, Overtime, Training, Travel and Related Equipment.
BE IT FURTHER RESOLVED that the Chief of Police of the
City of Chula vista is authorized, on its behalf to submit the
attached proposal to ABC and is authorized to execute on behalf of
the city of Chula vista a contract, including any extensions or
amendments thereof and any subsequent contract with the State in
relation thereto.
BE IT FURTHER RESOLVED that the grant funds received
hereunder shall not be used to supplant expenditures controlled by
the city Council.
Presented by Approved as to form by
Richard P. Emerson, Chief of
Police
c: \r.\grant.abe
t-:J
COUNCIL AGENDA STATEMENT
Item /C
Meeting Date 6/17/97
ITEM TiTlE: Resolution ) ~ fì ~tabliShing the Appropriations Limit for the
City of Chula Vista for Fiscal Year 1997-98
SUBMITTED BY: Director of Financeif ~
REVIEWED BY: C'<y M,"""..:J'I ~ fÞ -" IOI..h, V"" V., _No--1LJ
Article XIIiB of the California Constitution approved by the voters in 1979 and
commonly referred to as the Gann Initiative, requires each local government to
establish an Appropriations Limit by resolution each year at a regularly scheduled
meeting or noticed special meeting. The purpose of the limit is to restrict spending
of certain types of revenues to a level predicated on a base year amount increased
annually by an inflation factor.
RECOMMENDATION: That the City Council adopt a resolution establishing an
appropriations limit of $220,508,307 for the 1997-98 fiscal year.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Article XIIIB of the California Constitution, approved by the voters in 1979, imposed
the concept of spending limits on local governments. This Constitutional provision
and related implementing legislation specifies that annual increases in appropriations
financed from "Proceeds of Taxes" are limited to a base year (1978-79) amount
increased annually by an inflation factor comprised of the change in population of the
City combined with the greater of the change in new non-residential construction or
the change in the California per capita personal income. By definition, "Proceeds of
Taxes" includes such revenues as property taxes, sales and use taxes, utility users
taxes, transient occupancy taxes, and state subventions. Revenues from other
sources like fees/charges and federal grants are considered "Non-Proceeds of Taxes"
and are not subject to the annual spending limit.
/¿P~/
Page 2, Item
Meeting Date 6/25/96
The State Department of Finance and the San Diego County Assessor's Office are
charged with providing the data necessary for local jurisdictions to establish their
appropriation limit. According to these sources, for fiscal year 1997-98, the
population increased 2.28% and new non-residential construction increased 23.08%.
The California per capita personal income increased by 4.67%, but was not used in
the formula to compute the limit since this increase was lower than the increase in
new non-residential construction.
The fiscal year 1997-98 Appropriation limit has been calculated as follows:
Fiscal Year 1996-97 Appropriation limit $175,164,764
Increased by an inflation factor composed
of the increases in population and new non-
residential construction X 1.2588
Fiscal Year 1997-98 Appropriations Limit $220.508.307
The "Proceeds of Taxes" as included in the Fiscal Year 1997-98 Proposed Budget that
are subject to the appropriations limit are estimated to be $33,642,900. Therefore the
City has what is referred to as an appropriation "gap" of $186,865,407
($220,508,307 - $33,642,900). Simply stated, this means that the City could collect
and spend up to $186,865,407 more in taxes during fiscal year 1997-98 without
exceeding the Constitutional limit.
FISCAL IMPACT: This action will enable the City to appropriate and spend tax
revenues estimated at $33,642,900 in fiscal year 1997-98.
/ ¿;J ,- ,;¿
RESOLUTION NO. /f7&. 99
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ESTABLISHING THE APPROPRIATIONS
LIMIT FOR THE CITY OF CHULA VISTA FOR FISCAL
YEAR 1997-98 PURSUANT TO ARTICLE XIIIB OF THE
CALIFORNIA CONSTITUTION
WHEREAS, Article XIIIB of the California Constitution
provides that the total annual appropriations subject to limitation
of each governmental entity, including this City, shall not exceed
the appropriation limit of such entity of government for the prior
year adjusted for changes in population and inflation mandated by
Proposition 4 passed in November, 1979 and Proposition 111 in June,
1990 except as otherwise provided for in said Article XIIIB and
implementing State statues; and
WHEREAS, pursuant to said Article XIIIB of said
California Constitution, and section 7900 et seq. of the California
Government Code, the City is required to set its appropriation
limit for each fiscal year; and
WHEREAS, the Director of Finance of the City of Chula
Vista has interpreted the technical provisions of said propo-
sitional computations and has reviewed documentation of the City's
said appropriation limitation; and
WHEREAS, based on such calculations the Director of
Finance Administrator has determined the said appropriation limit
and, pursuant to section 7910 of said California Government Code,
has made available to the public the documentation used in the
determination of said appropriation limit.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista, California that said appropriation limit for
Fiscal Year 1997-98 shall be and is hereby set in the amount of
$220,508,307 for said Fiscal Year.
Presented by Approved as to form by
Robert Powell, Director of ttorney
Finance
C:lrslApplhit
/0-3
GANN LIMIT (PROP 4) GAP CALCULATION
FOR FISCAL YEAR 1997-98
Proceeds of Taxes F.Y. 1997-98 Proposed Budqet
Property Taxes $ 8,542,000
Sales and Use Taxes 13,603,900
Transient Lodging Taxes 1,425,000
Utility Users Taxes 2,807,000
Other Local Taxes:
Real Property Transfer 250,000
Business License 740,000
State Motor Vehicle Licenses 6,100,000
State Homeowners Property Taxes 175,000
Totals 33,642,900
Appropriations Limit 220,508,307
GAP (Under Limit) ($186,865,407)
Jð-y
COUNCIL AGENDA STATEMENT
Item!!
Meeting Date 6/17/97
ITEM TITLE: Resolution) 8)7 t"~proving the application of Cycle Nine projects for
funding by the State/Local Partnership Program (SL TPP)
SUBMITTED BY: Director of Public Work~~
REVIEWED BY: C;W M""'N JJ tcr ~ (4/5ths Vote: Yes_No..xJ
Senate Bill 300 created the State/Local Transportation Partnership Program (SLTPP) to identify
and construct locally supported projects with a minimum of State planning and review in order
to encourage local agencies to use funding sources other than Gas Tax for these projects. Staff
has prepared the application for 9th Cycle funding under this program. For funding to be
considered, a Council resolution approving the submittal of the application to the Caltrans Local
Assistance Engineer is required. Caltrans is the agency administering this program.
RECOMMENDATION: That the City Council adopt a resolution approving the submittal of the
applications for ninth cycle funding of the State/Local Transportation Partnership Program (SL TPP).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
In response to the extensive State-wide need for funding for the rehabilitation and upgrading of streets
and roads, the State legislature has established the State/Local Transportation Partnership
Program(SLTPP). The SLTPP offers an opportunity to construct projects which may not stand the
traditional test of State-wide significance but which are critically needed by a local community.
The state share for each project is based upon the ratio of the estimated cost of the project as compared
to the cost of all projects included in that Cycle. This ratio is applied to the amount budgeted by the
state for the cycle. The maximum state share is set at 50 % of project construction cost, less Federal
funding for the project. For projects awarded in Fiscal year 96-97, (Cycle 7) the state contributed
13 % of the project cost. The tentative contribution for FY 97-98, (Cycle 8) is 12 %.
Projects submitted for funding must meet the following eligibility requirements:
1. The project will increase the capacity of the highway or extend service to new areas or, in
the case of a local road rehabilitation project, it will extend the useful life of the roadway by
at least 10 years.
2. The applicant has committed itself or is capable of committing itself to funding the balance of
the project.
/j-/
Page 2, Item-
Meeting Date 6/17/97
3. The project is not receiving any other State funding.
4. The applicant has completed or is capable of completing all project development work so that
the contract for the project can be awarded no later than June 30, 1999 for Cycle 9 projects.
5. Improvements to State highways are consistent with the State/Federal standards and are
designed to minimize Jong term maintenance costs.
6. The cost estimate included in the application is reasonable
The following costs are not eligible under the SLTPP: preliminary engineering, right of way
acquisition, environmental studies, administrative costs, construction engineering.
Projects meeting the Cycle Nine funding requirements are:
Item New Projects For Cycle Nine
1 Proctor Valley Rd / E. H St, San Miguel Rd to Hunte Pkwy (On-Site)
2 Proctor Valley Rd / E. H St, San Miguel Rd to Hunte Pkwy (Interim Off-Site)
3 Telegraph Canyon Road (Sunbow II) Paseo Del Rey to 1800' east of Paseo Ladera
4 E. Orange Ave, Oleander Ave to Eastlake Parkway
5 "E" Street reconstruction, Interstate 5 to Broadway
6 La Media Road, Telegraph Cyn Rd to E. Palomar St
7 Paseo Ranchero, Telegraph Cyn Rd to E. Palomar St (Phase 1)
8 E. Palomar St, Oleander Ave to Medical Center Dr
Table 1 (attached) lists the estimated cost for each project and the possible State funding level,
assuming a 10% ratio. The total amount received from the State through this program to date is
$1,425,827.
Funds received under this program shall be programed into future capital improvement programs.
Funds received for Development Impact Fee (DIF) projects shall reimburse the DIF fund.
FISCAL IMPACT: This action will maximize the potential revenue to the City for the listed
projects under SLTPP.
Attachment: Table I - State/Local Transportation Partnership Program NOT SCANNED
File: KY-179
H:IHOMEIENGINEERIADVPLANISL TPPI97 Al t3.A. WPD
// -.2
RESOLUTION NO. / &Y?¿Je
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE APPLICATJ;ON CYCLE
NINE PROJECTS FOR FUNDING BY THE STATE/LOCAL
TRANSPORTATION PARTNERSHIP PROGRAM (SLTPP)
WHEREAS, Senate Bill 300 created the State/Local
Transportation Partnership Program (SLTPP) to identify and
construct locally supported projects with a minimum of State
planning and review in order to encourage local agencies to use
funding sources other than Gas Tax for these projects; and
WHEREAS, staff has prepared the application for 9th Cycle
funding under this program; and
WHEREAS, in order for funding to be considered, Council
must approve the submittal of the application to the Caltrans Local
Assistance Engineer.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve the application of
Cycle Nine projects for funding by the State/Local Transportation
Partnership Program (SLTPP).
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:lesISLTPP
1/--3
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COUNCIL AGENDA STATEMENT
Item /2
Meeting DateßJ1L21..
ITEM TITLE: A) Resolution /15?¿J / Approving Final Maps of Chula Vista
Tract No. 90-02, SaIt Creek Ranch, Neighborhood 3, Units 1 through 6,
Neighborhood 3A and Neighborhood 6, Units 1 through 5, Accepting on
Behalf of the City of Chula Vista Public Streets and Easements Granted
on Said Maps within Said Subdivisions, Rejecting on Behalf of the City
of Chula Vista All Open Space Lots Granted on Said Maps within Said
Subdivisions, and Approving Subdivision Improvement Agreements for
the Completion of Improvements Required by Said Subdivisions, and
Authorizing the Mayor to Execute Said Agreements
B) Resolution / Y/'¡;Jl':¿ Approving Supplemental Subdivision
Improvement Agreement for Chula Vista Tract 92-02, Salt Creek Ranch,
Neighborhood 3, Units 1 through 6, Neighborhood 3A and Neighborhood
6, Units 1 through 5
C) PCM-96-25: Salt Creek Ranch Affordable Housing Agreement
Resolution / 8'?ð:5 Approving an Affordable Housing
Agreement Related to Salt Creek Ranch and Authorizing the Mayor to
Sign the Agreement
SUBMITTED BY: Director of Public worksftfu~
Community Development ir~
REVIEWED BY, City """go< J:i ~ 6_. (41"'" Y .t., Y,,- NoX]
On October 6, 1992, by Resolution No. 1683, ity éouncil approved the Tentative Subdivision
Map for Chula Vista Tract 92-02, Salt Creek Ranch (see Attachment 1). On that tentative map,
neighborhood boundaries were delineated. The Final Maps, Subdivision Improvement
Agreements, and Supplemental Subdivision Improvement Agreement for Neighborhood 3, Units
1 through 6, Neighborhood 3A, and Neighborhood 6, Units 1 through 5, are now before Council
for consideration and approval.
In addition, one condition of approval for the Tentative Subdivision Map required that the
developer enter into an agreement with the City to guarantee the construction and delivery of low
and moderate income housing units in a timely manner. To comply with this condition, the
applicant, Pacific Bay Homes, has prepared an Affordable Housing Agreement for the Salt Creek
Ranch Planned Community for Council's consideration and approval.
RECOMMENDATION: That Council approve the resolutions approving: (A) the Final Maps
and Subdivision Improvement Agreement; (B) the Supplemental Subdivision Improvement
/02-/
Page 2, Item
Meeting Date.M1ZL21..
Agreement; and, (C) the Salt Creek Ranch Affordable Housing Agreement and authorizing the
Mayor to sign the Salt Creek Ranch Affordable Housing Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: On February 26, 1997 the Housing
Advisory Commission reviewed and approved the Affordable Housing Draft Agreement with
Pacific Bay Homes.
DISCUSSION:
Final Maps and Associated Improvement Agreements
Neighborhood 3 is generally located south of Proctor Valley Road and west of Lane Avenue.
Neighborhood 3A is generally located north of Mackezie Creek Road and east of Mount Miguel
Road. Neighborhood 6 is generally located south of Proctor Valley Road and between Lane
Avenue and Hunte Parkway. The fmaJ maps for each unit consists of the following:
ii ii i Ii .ii ii ii i;
\1 ff. .
i......
Neighborhood 3, Unit 1 16 1 (O.72Acres) 5.473
Neighborhood 3, Unit 2 21 1 (1.12 Acres) 4.512
Neighborhood 3, Unit 3 19 1 (0.48 Acres) 3.807
Neighborhood 3, Unit 4 13 1 (0.46 Acres) 3.097
Neighborhood 3, Unit 5 26 1 (0.908 Acres) 6.299
Neighborhood 3, Unit 6 23 0 4.055
Neighborhood 3A 0 3 (19.172 Acres) 19.172
Neighborhood 6, Unit 1 25 3 (0.415 Acres) 5.053
Neighborhood 6, Unit 2 17 1 (1.295 Acres) 4.459
.
Neighborhood 6, Unit 3 17 1 (1.045 Acres) 4.098
Neighborhood 6, Unit 4 21 0.00 3.693
Neighborhood 6, Unit 5 27 1 (2.293 Acres) 7.162
iii LL ii ii i~ii~4. iii
i.........
Plats for Neighborhoods 3, 3A and 6 are attached as Attachments 2A, 2B and 2C, respectively.
j;) --~
Page 3, Item
Meeting Date...6L11L21..
The final maps for the eleven subdivisions have been reviewed by the Department of Public Works
and found to be in substantial confonnance with the approved Tentative Map. Approval of the maps
constitutes acceptance by the City of all drainage, sewer, tree planting, general utility, and general
access easements within each of the corresponding subdivisions. Approval of the maps also
constitutes acceptance, on behalf of the public, of the following streets:
.~ ,Ai iiii.. ii ii
iiii~ ..i
Neighborhood 3, Unit I Stone Canyon Road, Falcon Valley Drive, Prairie Drive
Neighborhood 3, Unit 2 Saddlehom Drive, Falcon Valley Drive, Prairie Drive
Neighborhood 3, Unit 3 Saddlehom Drive, San Bruno Place
Neighborhood 3, Unit 4 Eagle Valley Drive, Saddlehom Drive, San Marino Place
Neighborhood 3, Unit 5 Eagle Valley Drive, Rocking Horse Drive, San Pablo Place
Neighborhood 3, Unit 6 Eagle Valley Drive, Falcon Valley Drive
Neighborhood 6, Unit I Saddleback Street, River Rock Road
Neighborhood 6, Unit 2 Flagstaff Court, River Rock Road
Neighborhood 6, Unit 3 Flagstaff Court
Neighborhood 6, Unit 4 Adobe Place, Saddleback Street
Neighborhood 6, Unit 5 Dry Creek Drive, Saddleback Street
Approval of the maps also constitutes acceptance of a ten foot-wide general utility and general access
easements within Open Space Lots for the installation and maintenance of public utilities, noting that
use of said easement by others is subject to written permission and issuance of an Encroachment
Permit from the City of Chula Vista. However, approval of the maps does not constitute acceptance
of the Open Space lots, noting that Section 7050 of the Government Code of the State of California
provides that an offer of dedication shall remain open and subject to future acceptance by the City.
Open Space Lots are not being accepted at this time pending City Council direction on post-
Proposition 218 financing of the maintenance of new open space areas and street medians throughout
the City, which will be considered by the City Council at today's meeting. The Supplemental
Subdivision Improvement Agreement for Salt Creek Ranch provides for good faith negotiations
between the City and the developer, consistent with City Council direction on this issue, to
determine whether any mutually acceptable alternative means exist to fund the maintenance of the
open space areas and street medians within the project. However, if after 120 days the City and the
developer are unable to agree upon a mechanism to fund said maintenance, then the developer will
be required to fund said maintenance through either a Community Facilities District, which is subject
to City Council approval, or a Homeowners Association.
);2--3
Page 4, Item
Meeting Date..Ml1L2Z..
The developer has executed one Supplemental Subdivision Improvement Agreement (see Exhibit
"7") for all eleven maps in order to satisfy the following conditions of Resolution 16834.
1. Condition No.7 of the resolution requires the developer to construct certain street
improvements, including portions of Lane Avenue, Hunte Parkway, MacKenzie Creek Road,
and Proctor Valley Road.
2. Condition No. 54 of the resolution requires the developer to enter into and execute an
agreement to fund the project's fair share of a park-and-ride facility to be located in the
vicinity of the East H Street and SR-125 interchange.
3. Condition No. 55 of the resolution requires the developer to enter into an agreement with
the City for each phase or unit thereof, whereby:
a. The developer agrees the City may withhold occupancy permits for any units in the
subject subdivision if anyone of the following occur:
(I) Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
(2) Traffic volumes, levels of service, public utilities and/or services exceed the
adopted City threshoJd standards.
b. The developer agrees that the City may withhold building permits for any of the
phases of development identified in the Public Facilities Financing Plan (PFFP) if the
required public facilities, as identified in the PFFP or as amended or otherwise
conditioned have not been completed or constructed to satisfaction of the City. The
property owner may propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the PFFP may be
amended as approved by the City PJanning Director and Public Works Director.
4. Condition No. 56 of the resolution requires the developer to agree to comply with the
requirements of the latest revised Eastern Chula Vista Transportation Phasing Plan and
Transportation Development Impact Fee Program.
5. Condition No. 57 of the resolution requires the developer to enter into an agreement with
the City agreeing not to protest formation of a district for the maintenance of landscaped
medians and parkways along streets within and adjacent to the subject property prior to
approval of any Final Map which includes those facilities.
6. Condition No. 58 of the resolution requires the developer to enter into an agreement to
defend, indemnify and hold harmless the City and its agents, officers and employees, from
any claim, action or proceeding against the City, or its agents, officers or employees to
attack, set aside, void or annul any approval by the City, including approval by its Planning
Commission, City Council or any approval by its agents, officers, or employees with regard
/;¿~r
Page 5, Item
Meeting Date....6Ll1L2Z..
to this subdivision provided the City promptly notifies the subdivider of any claim, action
or proceeding and on the further condition that the City fully cooperates in the defense.
7. Condition No. 59 of the resolution requires the developer to enter into an agreement with
the City wherein the City is held hannless from any liability for erosion, siltation, or
increased flow of drainage resulting from this project.
8. Condition No. 66 of the resolution requires the developer to enter into an agreement with
the City to insure that all franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable television service to each lot
within the subdivision prior to the approval of Final Maps for each phase or unit. The
developer may restrict access to the conduit to only those franchised cable television
companies who are, and remain in compliance with, all of the terms and conditions of the
franchise and which are in further compliance with all other rules, regulations, ordinances
and procedures regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be issued by the City of Chula Vista.
9. In satisfaction of Condition Nos. 69, 70, 72 and 73 of the resolution, the developer had
agreed to the following:
a. Complete the Park master plan for the Neighborhood Park and the community Park.
b. Provide the City with an irrevocable offer of dedication for the Neighborhood Park
(5.71 usable acres, 6.8 gross acres) free and clear from all encumbrances.
c. Construct both the Neighborhood Park and the Community park in accordance with
city standards and approved master plan.
d. Acknowledge and agree that at no time is the project to be deficient in park acreage.
If the standard 3 acres per 1,000 residents is exceeded at any time, then the next
phase of the community park or the neighborhood park shall begin immediately.
10. Condition Nos. 75, 76, 77 and 78 of the resolution require the developer to grant all open
space lots, submit a schedule outlining the proposed turnover of maintenance for open space
areas to the City, submit a list of open space items to be maintained and request the
formation of an Open Space Maintenance District for the project.
In satisfaction of this condition, and subsequent to the passage of Proposition 218 in
November 1996 which added Articles XIIIC and XIIID to the California Constitution, the
City and the developer agree to negotiate in good faith, consistent with City Council
direction, to determine whether any mutually acceptable alternative means exist to fund the
maintenance of the open space areas and street medians within the project. However, if after
120 days the City and the developer are unable to agree upon a mechanism to fund said
J:<~
Page 6, Item
Meeting Date..Ml1L21...
maintenance, then the developer will be required to fund said maintenance through either a
Community Facilities District, which is subject to City Council approval, or a Homeowners
Association.
II. Condition No. 89 of the resolution requires the developer to agree to install, test and operate
all fire hydrants prior to the delivery of any combustible materials.
12. Condition No. 94 of the resolution requires the developer to agree to provide fire prevention
facilities and equipment, including the construction of a fire station, if required, in
accordance with the Salt Creek Ranch Public Facilities Financing Plan. Provide or secure
said facilities and equipment in accordance with a schedule as approved by the Fire Chief.
13. Condition No. 98 of the resolution requires the developer to agree to participate in the
MultipJe Species Conservation Program, and any subsequent amendment thereto, to be
adopted by the City prior to the approval of the first Final Map.
14. Condition D of the resolution requires the developer to agree to comply with the mitigation
measures required by Environmental Impact Report No. 91-03.
The deveJoper has also executed Subdivision Improvement Agreements for each of the eleven maps
and has provided bonds to guarantee construction of the required public improvements and to
guarantee the subdivision monumentation and benchmarks.. The developer has paid all applicable
fees. The Subdivision Improvement Agreements and bonds are on file in the office of the City
Clerk.
Please note that the developer's disclosure statement and 10/06/92 City Council minutes pertaining
to approval of the Tentative Subdivision Map are included as Attachments 3 and 4, respectively.
Affordable Housing Agreement
Housing Element
The City of Chula Vista, along with all other cities in California, is required by state law to have
a Housing Element as a component of its General Plan. The Housing Element describes the housing
needs of the community and the responses necessary to fulfill them.
The City of Chula Vista Housing Element of 1991 contains numerous objectives, policies, and
related action programs to accomplish these objectives. Key among these is the affordable housing
policy which requires that residential development with fifty (50) or more dwelling units provide a
minimum of 10% of the total dwelling units for low and moderate income households. One half of
these units (5 % of the total project) being designated to low income and the remaining 5 % to
moderate income households.
/;¿-¿"
Page 7, Item
Meeting Date..M11L21...
Salt Creek Ranch
Based on the total of 2,616 residential housing units which are currently allowed to be constructed
within Salt Creek Ranch, a total of 262 low and moderate income housing units are required to be
provided within the project, of which 131 will be provided for low income and 131 will be provided
for moderate income households. In order to comply with this requirement, the applicant, Pacific
Bay Homes, has prepared an Affordable Housing Agreement for the Salt Creek Ranch Planned
Community for Council's consideration and approval (see Attachment 5).
All 131 low income housing units would be located at the southwest end of the planned community
within an area identified in the Salt Creek Ranch Development Phasing Plan as Neighborhood A.
As prescribed in the General Plan, the low income housing site was selected for its proximity to
future public transit facilities, including bus routes along East "H" Street, and because it is located
within walking distance to future retail commercial centers and support services, such as public parks
and schools. This site, Neighborhood A, was designated for multi-family use in the General
Development Plan and the SPA Plan, therefore it is found to be adequate to accommodate affordable
housing as prescribed in the Affordable Housing Agreement. The moderate income housing units
will be Jocated in Neighborhoods 3, 4B and 5 (see Attachment 6).
The Salt Creek Ranch Affordable Housing Agreement is expected to be implemented in two phases.
The Initial Phase consists of a total of 1,140 units with the provision of fifty-seven (57) low income
and sixty-six (66) moderate income housing units. The Remaining Phase consists of a total of 1,476
units with the provision of seventy-four (74) low income and sixty-five (65) moderate income
housing units. Construction of fifty-seven (57) low income and sixty-six (66) moderate income
housing units in the Initial Phase is expected to begin before the issuance of the 60lst building
permit. The Remaining Phase is expected to start prior to the issuance of the 1,70lst building
permit.
Additionally, the Salt Creek Ranch Affordable Housing Agreement requires developer to build the
low and moderate income housing units, rather than simply requiring that land be dedicated for these
purposes. The Agreement also gives the City the right to demand that the developer construct a
proportional amount of low and/or moderate income housing units relative to the total number of
residential building permits that have been issued for the Project. The Agreement also includes a
provision by which the developer will receive certain credits if more than 5 % of the project's
residential units are low income housing. The proposed terms of the Agreement for Salt Creek
Ranch meet the requirements of the City's Housing Element and Pacific Bay Homes has agreed to
all terms.
);¿~?
Page 8, Item
Meeting Date..Ml1L2Z..
CEQA Compliance
The proposed Agreement for the provision of affordable housing for Salt Creek Ranch has been
reviewed for compJiance with CEQA. The proposed Agreement is a mechanism for implementation
of affordable housing within the prescribed densities and maximum unit count of the Salt Creek
Ranch General Development Plan and SPA plan. Approval and execution of the Agreement would
not, therefore, result in the construction of any housing beyond that anticipated in the GDP and SPA
plans and the environmental review documents prepared for those plans. Therefore, the actions
recommended by this staff report are considered to be exempt from CEQA under the "General Rule"
(Section 15061(b)(3) of the CEQA Guidelines). This exemption applies to projects which do not
have the potential for causing a significant impact on the environment. Based on the content of the
documents and the environmental documentation performed on the actual physical development
project, it can be seen with certainty, in this case, that the recommended actions would not have the
possibility of having a significant effect on the environment, beyond that already analyzed.
FISCAL IMPACT: None. All staff costs associated with processing of improvement plans and
final map will be reimbursed from developer deposits. Further, the applicant has paid all costs
associated with the processing of the Affordable Housing Agreement.
Attachments:
N T SCA'Im, =-oAttachment 1: Salt Creek Ranch Location Map
-,.;,""> . ;, . \:':"~T~r~ Attachment 2A: Plat - Salt Creek Ranch Ne.ighborhood 3
1;1Y¡,~.Y ;r:,.~........cAttachment 2B: Plat - Salt Creek Ranch NeIghborhood 3A
- ,.I 'c. ~ c' - '<~ttaChment 2C: Plat - Salt Creek Ranch Neighborhood 6
'S ~. ttachment 3: Developer's Disclosure Statement
N Attachment 4: Minutes of 10/06/92 Regarding Resolution No. 16834
i'l, {.Attachment 5: Affordable Housing Agreement for Salt Creek Ranch
I - -,. ~/ J...:,,;':tZ,Attachment 6: Salt Creek Ranch Low and Moderate Income Sites
Attachment 7: Supplemental Subdivision Improvement Agreement. ~
SA/KPA/kpa
[FILE NO. 0600-80-SCR100]
[II: IHOMEIENGINEERIAGENDA ISCR ß3&6.KP A]
June 11, 1997 (1:43pm)
/;¿-g/
RESOLUTION NO. / ~?Ç1 /
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAPS OF CHULA
VISTA TRACT NO. 92-02, SALT CREEK RANCH,
NEIGHBORHOOD 3, UNITS 1 THROUGH 6,
NEIGHBORHOOD 3A, AND NEIGHBORHOOD 6, UNITS 1
THROUGH 5, ACCEPTING ON BEHALF OF THE CITY OF
CHULA VISTA PUBLIC STREETS AND EASEMENTS
GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS,
REJECTING ON BEHALF OF THE CITY OF CHULA VISTA
ALL OPEN SPACE LOTS GRANTED ON SAID MAPS
WITHIN SAID SUBDIVISIONS, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista hereby finds that certain map survey
entitled Chula vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 3,
UNIT I, and more particularly described as follows:
Being a subdivision of portions of sections 26
and 27, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, as shown on
Record of Survey No. 14064, in the City of
Chula Vista, County of San Diego, State of
California, filed in the office of the County
Recorder of San Diego County on February 5,
1993.
Area: 5.473 Acres No. of Lots: 17
Numbered Lots: 16 Lettered Lots: 1
Open Space Lots: 0.72 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys¡ and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula vista portions of Stone Canyon Road,
Falcon Valley Drive, and prairie Drive¡ easements with the right of
ingress and egress for the construction and maintenance of tree
planting along dedicated streets, and ten foot general utility and
access easements within Lot "A" for installation of public
utilities, noting that use of said general utility and general
access easements by others is subject to written permission and
issuance of an Encroachment Permit from the City of Chula Vista,
1
/d!/J~/
all as shown on this map within this subdivision, subject to the
conditions set forth thereon.
BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the city of Chula vista Open Space Lot "A", as granted on
this map within this subdivision, noting that Section 7050 of the
Government Code of the State of California provides that an offer
of dedication shall remain open and subject to future acceptance by
the city.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility, and general access, as
granted thereon and shown on said map within said subdivision, are
accepted on behalf of the City of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the City Clerk as Document No.
, is hereby approved.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula vista hereby finds that certain map survey entitled Chula
vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 2, and more
particularly described as follows:
Being a subdivision of a portion of section
26, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, as shown on
Record of Survey No. 14064, in the City of
Chula vista, County of San Diego, State of
California, filed in the office of the County
Recorder of San Diego County on February 5,
1993.
Area: 4.512 Acres No. of Lots: 22
Numbered Lots: 21 Lettered Lots: 1
Open Space Lots: 1.12 Acres
2
/;)-4-,2
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said council hereby accepts on
behalf of the City of Chula vista portions of Saddlehorn Drive,
Falcon Valley Drive, and prairie Drive; easements with the right of
ingress and egress for the construction and maintenance of tree
planting along dedicated streets, and a ten foot general utility
and access easement within Lot "A" for installation of public
utilities, noting that use of said general utility and general
access easements by others is subject to written permission and
issuance of an Encroachment Permit from the city of Chula vista,
all as shown on this map within this subdivision, subject to the
conditions set forth thereon.
BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the City of Chula vista Open Space Lot "A", as granted on
this map within this subdivision, noting that section 7050 of the
Government Code of the State of California provides that an offer
of dedication shall remain open and subject to future acceptance by
the City.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility, and general access, as
granted thereon and shown on said map within said subdivision, are
accepted on behalf of the City of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that city Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the city Clerk as Document No.
, is hereby approved.
BE IT RESOLVED that the city Council of the city of Chula
vista hereby finds that certain map survey entitled Chula vista
Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 3, and more
particularly described as follows:
Being a subdivision of portions of sections 26
and 27, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, as shown on
3
J-2/?--J
Record of Survey No. 14064, in the City of
Chula Vista, County of San Diego, State of
California, filed in the office of the County
Recorder of San Diego County on February 5,
1993.
Area: 3.807 Acres No. of Lots: 20
Numbered Lots: 19 Lettered Lots: 1
Open Space Lots: 0.48 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula vista portions of Saddlehorn Drive and
San Bruno Place; easements with the right of ingress and egress for
the construction and maintenance of tree planting along dedicated
streets, and a ten foot general utility and access easement within
Lot "A" for installation of public utilities, noting that use of
said general utility and general access easements by others is
subject to written permission and issuance of an Encroachment
Permit from the city of Chula Vista, all as shown on this map
within this subdivision, subject to the conditions set forth
thereon.
BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the city of Chula vista Open Space Lot "A", as granted on
this map within this subdivision, noting that section 7050 of the
Government Code of the State of California provides that an offer
of dedication shall remain open and subject to future acceptance by
the City.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility, and general access, as
granted thereon and shown on said map within said subdivision, are
accepted on behalf of the City of Chula Vista as hereinabove
stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
4
/:2 /? ~7
which is on file in the office of the city Clerk as Document No.
, is hereby approved.
BE, BE IT RESOLVED that the city council of the City of
Chula vista hereby finds that certain map survey entitled Chula
vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 4, and more
particularly described as follows:
Being a subdivision of a portion of section
27, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, as shown on
Record of Survey No. 14064, in the City of
Chula vista, County of San Diego, State of
California, filed in the office of the County
Recorder of San Diego County on February 5,
1993.
Area: 3.097 Acres No. of Lots: 14
Numbered Lots: 13 Lettered Lots: 1
Open Space Lots: 0.46 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula vista portions of Saddlehorn Drive,
Eagle Valley Drive, and San Marino Place; easements with the right
of ingress and egress for the construction and maintenance of
drainage facilities and of tree planting along dedicated streets,
and a ten foot general utility and access easement within Lot "A"
for installation of public utilities, noting that use of said
general utility and general access easements by others is subject
to written permission and issuance of an Encroachment Permit from
the City of Chula Vista, all as shown on this map within this
subdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the City of Chula vista Open Space Lot "A", as granted on
this map within this subdivision, noting that section 7050 of the
Government Code of the State of California provides that an offer
of dedication shall remain open and subject to future acceptance by
the city.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
5
r
/~/1 ~
drainage facilities, street tree planting, general utility, and
general access, as granted thereon and shown on said map within
said subdivision, are accepted on behalf of the City of Chula vista
as hereinabove stated.
BE IT FURTHER RESOLVED that city Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the City Clerk as Document No.
, is hereby approved.
NOW, THEREFORE, BE IT RESOLVED that the City council of
the City of Chula vista hereby finds that certain map survey
entitled Chula vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 3,
UNIT 5, and more particularly described as follows:
Being a subdivision of a portion of section
27, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, as shown on
Record of Survey No. 14064, in the City of
Chula Vista, County of San Diego, State of
California, filed in the office of the County
Recorder of San Diego County on February 5,
1993.
Area: 6.299 Acres No. of Lots: 27
Numbered Lots: 26 Lettered Lots: 1
Open Space Lot: 0.908 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula vista portions of Eagle Valley Drive,
Rocking Horse Drive, and San Pablo Place; easements with the right
of ingress and egress for the construction and maintenance of sewer
and drainage facilities, tree planting along dedicated streets, and
a ten foot general utility and access easement within Lot "A" for
installation of public utilities, noting that use of said general
utility and general access easements by others is subject to
written permission and issuance of an Encroachment Permit from the
City of Chula Vista, all as shown on this map within this
subdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the City of Chula vista Open Space Lot "A", as granted on
this map within this subdivision, noting that Section 7050 of the
6
/;¿/?-?
Government Code of the state of California provides that an offer
of dedication shall remain open and subject to future acceptance by
the City.
BE IT FURTHER RESOLVED that the city Clerk of the City of
Chula Vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
sewer and drainage facilities, street tree planting, general
utility, and general access, as granted thereon and shown on said
map within said subdivision, are accepted on behalf of the City of
Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the City Clerk as Document No.
, is hereby approved.
BE IT RESOLVED that the City council of the City of Chula
Vista hereby finds that certain map survey entitled Chula vista
Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 3, UNIT 6, and more
particularly described as follows:
Being a subdivision of a portion of section
27, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, as shown on
Record of Survey No. 14064, in the City of
Chula Vista, County of San Diego, State of
California, filed in the office of the County
Recorder of San Diego County on February 5,
1993.
Area: 4.055 Acres No. of Lots: 23
Numbered Lots: 23 Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula Vista portions of Falcon Valley Drive
and Eagle Valley Drive and easements with the right of ingress and
egress for the construction and maintenance of tree planting along
dedicated streets.
7
J;¿~-?
- ~- --------------------
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility, and general access, as
granted thereon and shown on said map within said subdivision, are
accepted on behalf of the City of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula Vista hereby finds that certain map survey
entitled Chula Vista Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 3A
and more particularly described as follows:
Being a subdivision of a portion of Section
27, Township 17 South, Range 1 West, San
Bernardino Base and Meridian, as shown on
Record of Survey No. 14064, in the City of
Chula Vista, County of San Diego, State of
California, filed in the office of the County
Recorder of San Diego County on February 5,
1993.
Area: 19.172 Acres No. of Lots: 3
Numbered Lots: 3 Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the city of Chula vista easements with the right of
ingress and egress for the construction and maintenance of sewer
and drainage facilities, 5.5 foot tree planting along MacKenzie
Creek Road and Mount Miguel Road all as shown on this map within
this subdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that those certain easements
with the right of ingress and egress for the construction and
maintenance of sewer and drainage facilities, street tree planting,
8
/;¿/)--6
general utility, and general access, as granted thereon and shown
on said map within said subdivision, are accepted on behalf of the
city of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the City Clerk as Document No.
, is hereby approved.
BE IT RESOLVED that the City council of the City of Chula
vista hereby finds that certain map survey entitled Chula vista
Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 6, UNIT 1, and more
particularly described as follows:
Being a subdivision of a portion of the South
.. of section 26, Township 17 South, Range 1
West, San Bernardino Base and Meridian, in the
city of Chula Vista, County of San Diego,
State of California.
Area: 5.053 Acres No. of Lots: 28
Numbered Lots: 25 Lettered Lots: 3
Open Space Lots: 0.415 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula vista portions of Saddleback Street and
River Rock Road; easements with the right of ingress and egress for
the construction and maintenance of tree planting along dedicated
streets, and ten foot general utility and access easements within
Lots "A", "B", and "c" for installation of public utilities, noting
that use of said general utility and general access easements by
others is subject to written permission and issuance of an
Encroachment Permit from the City of Chula Vista, all as shown on
this map within this subdivision, subject to the conditions set
forth thereon.
BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the City of Chula vista Open Space Lots "A", "B", and
"C", as granted on this map within this subdivision, noting that
section 7050 of the Government Code of the State of California
provides that an offer of dedication shall remain open and subject
to future acceptance by the City.
9
/r2/}-C¡
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility, and general access, as
granted thereon and shown on said map within said subdivision, are
accepted on behalf of the City of Chula Vista as hereinabove
stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the City Clerk as Document No.
, is hereby approved.
BE IT RESOLVED that the City Council of the City of Chula
vista hereby finds that certain map survey entitled Chula Vista
Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 6, UNIT 2, and more
particularly described as follows:
Being a subdivision of a portion of the South
J.., of section 26, Township 17 South, Range 1
West, San Bernardino Base and Meridian, in the
City of Chula Vista, County of San Diego,
State of California.
Area: 4.459 Acres No. of Lots: 18
Numbered Lots: 17 Lettered Lots: 1
Open Space Lots: 1. 295 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula vista portions of Flagstaff Court and
River Rock Road; easements with the right of ingress and egress for
the construction and maintenance of tree planting along dedicated
streets, and ten foot general utility and access easements within
Lot "A" for installation of public utilities, noting that use of
said general utility and general access easements by others is
subject to written permission and issuance of an Encroachment
Permit from the city of Chula Vista, all as shown on this map
within this subdivision, subject to the conditions set forth
thereon.
10
/;¿/J/¿J
BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the City of Chula vista Open Space Lot "A", as granted on
this map within this subdivision, noting that section 7050 of the
Government Code of the State of California provides that an offer
of dedication shall remain open and subject to future acceptance by
the city.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility, and general access, as
granted thereon and shown on said map within said subdivision, are
accepted on behalf of the City of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the City Clerk as Document No.
, is hereby approved.
BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula vista
Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 6, UNIT 3, and more
particularly described as follows:
Being a subdivision of a portion of the South
;.. of section 26, Township 17 South, Range 1
West, San Bernardino Base and Meridian, in the
City of Chula Vista, County of San Diego,
State of California.
Area: 4.098 Acres No. of Lots: 18
Numbered Lots: 17 Lettered Lots: 1
Open Space Lots: 1.045 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula vista a portion of Flagstaff Court;
easements with the right of ingress and egress for the construction
and maintenance of tree planting along dedicated streets, and a ten
foot general utility and access easement within Lot "A" for the
11
/c2/3 --¡ /
installation of public utilities, noting that use of said general
utility and general access easement by others is subject to written
permission and issuance of an Encroachment Permit from the City of
Chula Vista, all as shown on this map within this subdivision,
subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the City of Chula vista Open Space Lot "A", as granted on
this map within this subdivision, noting that Section 7050 of the
Government Code of the State of California provides that an offer
of dedication shall remain open and subject to future acceptance by
the City.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public street is
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, general utility, and general access, as
granted thereon and shown on said map within said subdivision, are
accepted on behalf of the City of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the City Clerk as Document No.
, is hereby approved.
BE IT RESOLVED that the City Council of the City of Chula
vista hereby finds that certain map survey entitled Chula Vista
Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 6, UNIT 4, and more
particularly described as follows:
Being a subdivision of a portion of the South
.. of section 26, Township 17 South, Range 1
West, San Bernardino Base and Meridian, in the
City of Chula Vista, County of San Diego,
State of California.
Area: 3.693 Acres No. of Lots: 21
Numbered Lots: 21 Lettered Lots: 0
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
12
/~4 /..2.
BE IT FURTHER RESOLVED, said council hereby accepts on
behalf of the City of Chula Vista Adobe Place and a portion of
Saddleback street and easements with the right of ingress and
egress for the construction and maintenance of tree planting along
dedicated streets, all as shown on this map within this
subdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance of
street tree planting, as granted thereon and shown on said map
within said subdivision, are accepted on behalf of the City of
Chula Vista as hereinabove stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the county of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the city Clerk as Document No.
, is hereby approved.
BE IT RESOLVED that the city Council of the City of Chula
Vista hereby finds that certain map survey entitled Chula vista
Tract 92-02 SALT CREEK RANCH NEIGHBORHOOD 6, UNIT 5, and more
particularly described as follows:
Being a subdivision of a portion of the South
% of section 26, Township 17 South, Range 1
West, San Bernardino Base and Meridian, in the
City of Chula Vista, county of San Diego,
State of California.
Area: 7.162 Acres No. of Lots: 28
Numbered Lots: 27 Lettered Lots: 1
Open Space Lots: 2.293 Acres
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED, said Council hereby accepts on
behalf of the City of Chula vista Arrowhead Court and a portion of
Saddleback street; easements with the right of ingress and egress
for the construction and maintenance of tree planting along
dedicated streets, and ten foot general utility and access
easements within Lot "A" for installation of public utilities,
13
/:2/3 -/3
noting that use of said general utility and general access
easements by others is subject to written permission and issuance
of an Encroachment Permit from the City of Chula Vista, all as
shown on this map within this subdivision, subject to the
conditions set forth thereon.
BE IT FURTHER RESOLVED, said Council hereby rejects on
behalf of the City of Chula Vista Open Space Lot "A", as granted on
this map within this subdivision, noting that Section 7050 of the
Government Code of the State of California provides that an offer
of dedication shall remain open and subject to future acceptance by
the city.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be and she is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that said public streets are
dedicated for public use, and that those certain easements with the
right of ingress and egress for the construction and maintenance. of
street tree planting, general utility, and general access, as
granted thereon and shown on said map within said subdivision, are
accepted on behalf of the City of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that City Clerk be and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the
for the completion of improvements in said subdivision, a copy of
which is on file in the office of the City Clerk as Document No.
, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute all of the
Subdivision Improvement Agreements for Chula vista Tract No. 90-02,
Salt Creek Ranch, Neighborhood 3, Units 1 through 6, Neighborhood
3A, and Neighborhood 6, units 1 through 5, for and on behalf of the
City of Chula vista.
Presented by Approved as to form by
0----. 'YlIL191 ~ { ~
John P. Lippitt, Director of John M. Kaheny, city Attorney
Public Works
C:\rs\saltcree.h
14
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~ -
.'
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199_, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, suite 209, Chula Vista, California 91914,
hereinafter called "Subdivider";
NJ.T1LI:;ââ&T.!i-'.
WHEREAS, Subdivider is about to present to the City Council of
the city of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 3 UNIT 1 pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREA.S, the Code provides that before said map is finally
approved by the Council of the city of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /.2-1-/~
- -
."
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-81 through 97-92, on file in the office
of the city Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $322,800.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the city Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the.
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2- / c2. /J ;ø;
- -
o'
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the state of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED SIXTY ONE THOUSAND, FOUR HUNDRED DOLLARS AND NO
CENTS ($161,400.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED SIXTY ONE THOUSAND, FOUR HUNDRED DOLLARS AND NO
CENTS ($161,400.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously. with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of SIXTEEN HUNDRED DOLLARS AND NO CENTS ($1,600.00) (per private
engineer's estimate) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "c" and made a part
hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by city for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
-]- /:2~'-¡?
-
~
.'
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
city, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
-4- /02/7 r/ Y
-
~
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the city of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: PACIFIC BAY HOMES
~~i~f;:::~
Mayor of the city of Chula
Vista Pacific Bay Homes
ATTEST
city Clerk
Approved as to form by
fw¡.¿fyt ~.II~~~/~Î~
Cí . orney U '
(Attach Notary Acknowledgment)
-5- /:2~/r
I
--.- -
."
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
NOTSCANNI.D Amount: $161,400.00
Exhibit "B" Improvement Security - Material and Labor:
NOT SCANNED Form: Bond
Amount: $161,400.00
Exhibit "C" Improvement Security - Monuments:
NOT SCANNED Form: Bond
Amount: $1,600.00
Securities approved as to form and amount by
~ ----.. ....--:-
X~7: if! i¡\~~~ý ~~.~ -
/J.U! Citi"Attorne.' <
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
H:' hooe ,attorneyl ssia I sol torek .31
-6- / ;Vh2C I J. Ii ,9.., /
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STATE OF CA~IA 0.' }ss.
COUNTY OF /Y1 --' A..P 1-<> }
or{lf'/)~.1 ~~ ;997 ,beforem~~~A~~ '
personally appeare~ <þ~ ) 0
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person('&) whose name\SU§/afe----
subscribed to the within instrument and acknowledged to me that-fte/~/tAey executed the same
in-Ftis&.e.r/tMir authorized capacity(ies) , and that byflis/her/#!eir-signature~) on the instrument the
person{&) or the entity upon behalf of which the perso$) acted, executed the instrument.
WITNESS my hand and official seal.
Signat~~~ J.~~~4d7.</Uð )
J~-----------'
~ SUSAN lJZABETH 8OYÆRS
¡ CarInIIoiontl086147 I
" -. NoIay N>Ic - 0:I8arrå
i SOn DIego CoIrdy -
- - - - ~~~_~9~ t
(Th's .,ea to, officiaJ not"'a' seal)
Title of Documen~A../,--" _:-u-Añ, - Ý>-v.4A-1.""'~~-* ~,~
Date of Document ~ ~r~¡J No. of Pages.d~ (/0)
Other signatures not acknowledgeEI- ---
1M ~c;J..1
3008 (1/94) (Gene,.')
Fi,.t Ame,ican Title Insu,.nce Company
-
~
Recording Requested by: ."
CITY CLERK
When Recorded, Mail to: OR~f1
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199 -, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, Suite 209, Chula Vista, California 91914,
hereinafter called "Subdivider";
.!YITN~~~~T.!i~
WHEREAS, Subdivider is about to present to the City Council of
the city of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 3 UNIT 2 pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula Vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /:2¿J-,,22
-,
~
and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-81 through 97-92, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $210,246.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2- /c;24'e2J
_.
-
or structures in said subdivisìon, and such certificate shall not
be issued until the city Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the state of California
applicable to said work.
6. subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED FIVE THOUSAND, ONE HUNDRED TWENTY-THREE DOLLARS AND
NO CENTS ($105,123.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED FIVE THOUSAND, ONE HUNDRED TWENTY-THREE DOLLARS AND
NO CENTS ($105,123.00) to secure the payment of material and labor
in connection with the installation of said public improvements,
which security is attached hereto, marked Exhibit "B" and made a
part hereof and the bond amounts as contained in Exhibit "B", and
made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWO THOUSAND ONE HUNDRED DOLLARS AND NO CENTS ($2,100.00) (per
private engineer's estimate) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C"
and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the city Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully pai~, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
-3- /o<~ --ø2f
-
~
improvement security. subdivì"der agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
-4- /C::<d ~~
-,
-
indemnification and agreement'~to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: PACIFIC BAY HOMES
Mayor of the City of Chula
Vista
ATTEST
City Clerk
Approved as to form by
f~ -irt¿Þ{~ ~~
Cityi)Ä f. ney
(Attach Notary Acknowledgment)
,.-
-5- /2~ --.2?
, ~m "",m,,--, 'nn.~'.'~nm"n_" n~'n~n_____-_____n
~ - Sc.-1Z 2- 3
N~~%~z> fA-~
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
NOT SCANNED Form: Bond
Amount: $105,123.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
NOT SCANNED
Amount: $105,123.00
Exhibit "c" Improvement Security - Monuments:
Form: Bond
NOT SCANNED Amount: $2,100.00
Securities approved as to form and amount by
iÇ' ~ rf?/~ ~ þ~
L ~. . fl ¿¿, ,...¿ , ¡ ~
./. u City~ttorn .j
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
H: \ ho.e \ attorney\ ssia \ sal tcrek. 32
+ /0::6"';< ')!p, A-,2g
~ -
~'\ A~E~lO
~~ "1
~ 4-
}
STATE OF CA~IA 0' }ss.
COUNTY OF ~ / u(j..D }
On r? LJ/lA' Á ~ c; f 997, before m<)dA 2A~--d~~~
1/ I
personally appeared ~ ~ÆJ:.~-
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person~ whose name(s¡lli/~
subscribed to the within instrument and acknowledged to me that-fte/~/t1:\ey-executed the same
in his/her/tt:!eir authorized capacity(ies) , and that by his/her/theif.signaturefs) on the instrument the
person(S¡ or the entity upon behalf of which the person{&) acted, executed the instrument.
WITNESS my hand and official seal.
SignatuǥA~4~.J
I.~=='¡
i ~ N>IIc - 0aIbnIQ
San DIego CoII1Iy -
j - - - _~~~_~9~ I
(This area for officiej notarial seal)
Title of DOCUme~-tH'~ ¡:by.M--(.~.-=t- ~~/"""""'Ar-
Date of Documen! /J.1 ~ d-6.Z.ß No. of Pages 2L jÝ (¿ \
Other signatures not acknowledged
/
3008 (1/94) (General)
First American Title Insurance Company
~ -
.
Recording Requested by: -
CITY CLERK ORþ..f"t
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Dec.larant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199_, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, suite 209, Chula Vista, California 91914,
hereinafter called "Subdivider";
Nl.'l'!'i£;§'§'£;'l'!:I1.
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 3 UNIT 3 pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /c2/J~ 02.7
- -
and complete, at Subdivider'§ own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-81 through 97-92, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $180,040.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2- /,:Z4-J¿:;
-
~
or structures in said subdivisIon, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of NINETY THOUSAND, TWENTY DOLLARS AND NO CENTS ($90,020.00) which
security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked Exhibit "A" and made
a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of NINETY THOUSAND, TWENTY DOLLARS AND NO CENTS ($90,020.00) to
secure the payment of material and labor in connection with the
installation of said public improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof and the
bond amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of NINETEEN HUNDRED DOLLARS AND NO CENTS ($1,900.00) (per private
engineer's estimate) to secure the installation of monuments, which
security is attached hereto / marked Exhibit "c" and made a part
hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
-3- / c2.,¿' ~ I
- -
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with city a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to city, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
-4- /c:?~:JC:¿
_.
~
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against. the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
state of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: PACIFIC BAY HOMES
~~~~
Mayor of the City of Chula
Vista Pacific Bay Homes
ATTEST
City Clerk
Approved as to form by
tb )-~W t~~
ci't ~¿rney; . .
(Attach Notary Acknowledgment)
-5- /..2/j -33
~ -
.....
LIST OF EXHIBITS
Exhibit "A" ~ Improvement Security - Faithful Performance
~O~;¿'C Form: Bond
Amount: $90,020.00
Exhibit "B" - Improvement Security - Material and Labor:
~--¿v
~ Form: Bond
~~C
~O Amount: $90,020.00
Exhibit "C" S) Improvement Security - Monuments:
~(jt~~~ Form: Bond
Amount: $1,900.00
Securities approved as to form and amount by
tflq!) f} (ì! ¿¿-d ~ ~
// 7t1 ci t~torn
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
H: \ hooe \attorney\ ssia \ sal tcrek. 33
-6- /.2/1-JJ( jll,fJ-35
~ -'
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}
STATE OF CA~IA (1~-J(' }ss.
COUNTY OF }
O~¿1-1; I, d.'Í /tj'ç 7 . before me.Ç?)Í.:'¿6'4~ ð;'¿Z'1 Q\7~'-<L/
personally appea~ed ~ (? Æ' ~ Ar-7'.. ...J
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person't's) whose name(9Jj§/at'&-
subscribed to the within instrument and acknowledged to me that-.Ae/she/tI:\ey executed the same
in-i:Hs/her/tJ:ieir authorized capacity(ies). and that by-f1is/her/tt:¡e¡r signature~ 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.
Signat~~~ ct¡?u~~~mA~ ~
1- - ~ - ::N:~:~~-""' I
- CommJs¡IontlQ8ljl47
~ Nolay Pul:J Ic - CaIbnIo f
j &Jn~o~!
- - - - ~C::~"'_~9.~
(Th,. area for officlaJ no""ial seal)
Title of Docume~<ßc-Þ~""':~~ ~r/u:,~ 12r"/~~-:/
Date of Document,~ ~ No. of Pages /j' ~ (& ')
Other signatures not acknowledged - ----
/.2. /f ~ J.:.5
3008 (1/94) (Gene,al)
First American Title Insurance Company
-
~
Recording Requested by: '..,0
CITY CLERK
When Recorded, Mail to: OR~f1
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199_, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, Suite 209, Chula Vista, California 91914,
hereinafter called "Subdivider";
!iI.TN.Eââ.ETtl~
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 3 UNIT 4 pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula Vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the city of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /U:J?
-
-
and complete, at Subdividerl-'S own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-81 through 97-9.2, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $255,584.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2- /02~:3;/
-
-
or structures in said subdivi~íon, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED TWENTY-SEVEN THOUSAND, SEVEN HUNDRED NINETY-TWO
DOLLARS AND NO CENTS ($127,792.00) which security shall guarantee
the faithful performance of. this contract by Subdivider and is
attached hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED TWENTY-SEVEN THOUSAND, SEVEN HUNDRED NINETY-TWO
DOLLARS AND NO CENTS ($127,792.00) to secure the payment of
material and labor in connection with the installation of said
public improvements, which security is attached hereto, marked
Exhibit "B" and made a part hereof and the bond amounts as
contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of THIRTEEN HUNDRED DOLLARS AND NO CENTS ($1,300.00) (per private
engineer's estimate) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part
hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
-3- /;24 ~r
-
-
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other. incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by city, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
-4- /;2,1~7
-
~
indemnification and agreement-" to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by city of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
state of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: PACIFIC BAY HOMES
-~J" ) 0-. '-...J
Mayor of the City of Chula Seni ic President
Vista Paci c ay Homes
ATTEST
City Clerk
Approved as to form by
~c ~~
Ci Attorn~ ....aA"~
(Attach Notary Acknowledgment)
.~
-
-5- /c2~'-f'O
/
- ....__....__...~- --~..__.
- St:...{<.. -z.- 5
~
N~;~k1,Lo\-
"",
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
NOTSCANNED Form: Bond
Amount: $127,792.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
NOT SCANNED
Amount: $127,792.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
NOT SCANNED
Amount: $1,300.00
Securities approved as to form and amount by
f~-1(X ~~~ ~
City torne' ,
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
H: \he.o \atte,noy\ ssia \ sa! t.,ok. 34
-6- /.2/jÎ-~1 )¡¿Iì-/f~
- -.
~'\ AME R..¡
0
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}
STATE OF CA~A f;J , }ss.
}
COUNTY OF , ~
Ona,l'~ ,.;(~ ¡'if? ,beforem~,¿1A~di~:t:r..~~ ,
personally appeared ~ ~ A' ~ ./
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(!i) is/a¡:e.
subscribed to the within instrument and acknowledged to me thati'1e/she/tl1ey executed the same
in..J:Hs/!Jgr/tfteir authorized capacity(ies) , and that byflis/her/tReir signature(s1 on the instrument the
person(sr or the entity upon behalf of which the personfs) acted, executed the instrument.
WITNESS my hand and official seal.
Signat~,,/}....- ~L.£8(Tt..J-V~
J------------
¡~ =",-,= I
, NotayPLtilc-CoItma f
1 San DIego CcuI1y -
- - - - ~~~_~9~ !
(This area for official notarial seal)
Title of Documerf::;::rtrA...P,Ù~-n- ~ :n>-/âV1'M,r/lr//~
Date of Document ~ ~ No. of Pages ,LÍt'f (to)
Other signatures not acknowledged - '--
3008 (1/94) (General)
First American Title Insurance Company
-
..,.
Recording Requested by: ." OR ~f1
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199_, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, suite 209, Chula Vista, California 91914,
hereinafter called "Subdivider";
~.IT!!~ââ~T!!1.
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 3 UNIT 5 pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /,2/J~O
-
-
and complete, at Subdi v ider"f s own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-81 through 97-92,on file in the office
of the city Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $446,600.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the city Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2- /02/9 -7"-L/
-
~
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWO HUNDRED TWENTY-THREE THOUSAND, THREE HUNDRED DOLLARS AND NO
CENTS ($223,300.00) which security shall guarantee the faithful
performance of this contract. by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
city of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWO HUNDRED TWENTY-THREE THOUSAND, THREE HUNDRED DOLLARS AND NO
CENTS ($223,300.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWO THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($2,600.00) (per
private engineer's estimate) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C"
and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
---
-3- / ;l. /9 - f'ý
-'
~
improvement security. subdi v:ï:"der agrees to pay to the city any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the city of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limi ts established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by city
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by city as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
-4- /.2~-#
-
~
indemnification and agreement'~to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the city or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
city, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: PACIFIC BAY HOMES
~~Ov~
Mayor of the City of Chula Sen'o ~'ce President
Vista Pac~ i Bay Homes
ATTEST
City Clerk
Approved as to form by
~ U ;;;£; ¥'-
C' torney~
(Attach Notary Acknowledgment) .
,
,
-5- /2/7-£//
I
_._~-~--------
- S ¿«. 'Z--b
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.
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
.
Form: Bond
NOT SCANNED Amount: $223,300.00
Exhibit "B" Improvement Security - Material and Labor:
NOT SCANNED Form: Bond
Amount: $223,300.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
NOT SCANNED Amount: $2,600.00
Securities approved as to form and amount by
~ 9-(Jr~~ ;I;-'j2:- ..
'".
lji/ t'ity Atta-ney
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
H: Iho.e lattorneyl ssia I oal tcrek .35
-6- /.2/J-rzr !:1./I-'f'J
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}
STATE OF C~NIA () . }ss.
COUNTY 0 ~ -<'ilr"' }
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(g} whose name('s)J§/aœ-
subscribed to the within instrument and acknowledged to me that-f1e/~e/tfley executed the same
in his/her/tReir authorized capacity(ie&) , and that by Ais{her/t~ignature(st on the instrument the
person~) or the entity upon behalf of which the person(st acted, executed the instrument.
WITNESS my hand and official seal.
Signat~ ..,,~~~
J~ - - - ~:~eo:; - I
i @ CommIosIon . 1085147
.: NoIay N>IIc - CaIIarrm f
Son CIego C<u1Iy -
j - - - - ~C::~:~9.~ 1
(This area for official notarial seal)
(-
Title of Documen~~~ ¿lj/J N~~ ~ .
Date of Documen~ ~ No. of Pages ~ (6)
Other signatures not acknowledged - ----
--.
/..2/1-'1;
3OOB (1/94) (General)
First American Title Insurance Company
-
~
.
Recording Requested by: .~
CITY CLERK DRAf1
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199_, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, Suite 209, Chula Vista, California 91914,
hereinafter called "Subdivider";
111.THEââE:UL;.
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 3 UNIT 6 pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula Vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the city of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /e2/}ì~
-
~
and complete, at Subdi vider"s own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-81 through 97-92, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $204,400.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to city, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work")¡ and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2- /,;¿ -15/
-
..,.
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED TWO THOUSAND, TWO HUNDRED DOLLARS AND NO CENTS
($102,200.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED TWO THOUSAND, TWO HUNDRED DOLLARS AND NO CENTS
($102,200.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement. security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWO THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($2,300.00) (per
private engineer's estimate) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C"
and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to. the terms of the
-3- /;¿/J-ß
-
~
improvement security. Subdivitler agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other.incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by city, Subdivider shall grant to city, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
city, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
-4- /.:l,ð "ø
-
~
indemnification and agreement ""to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the city or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
state of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: PACIFIC BAY HOMES
~iJ;~~~\J
Mayor of the City of Chula ,Se . r V ce Pres~dent
vista Pacific Bay Homes
ATTEST
City Clerk
Approved as to form by
~ ' A ~a:;~~
c~trney p4-
(Attach Notary Acknowledgment)
-5- / e2 /9 ~;/
-
,~
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
NOT SCM'NE];
Amount: $102,200.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
NOT SCAi,Nl~;;
Amount: $102,200.00
Exhibit "c" Improvement Security - Monuments:
I,,;j/¡;' ~Cl~...\¡"JE-;': Form: Bond
Amount: $2,300.00
Securities approved as to form and amount by
0 gJt~€ft~-
Ir~ fl ---
. /)~ ci ty ttorne
Improvement Completion Date: Two (2) years from date of
council approval of the
Subdivision Improvement
Agreement.
H: I hoaelattorneyl ssia I salte rek .36
-0- /..u5~/:</1-5 6
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..,r 0
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}
STATE OF CA~NIA D~dÁ) }ss.
COUNTY OF ~ / }
OrY7~/ ':<j c:¿q /997
,
personally appeared
sonally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name~/are
subscribed to the within instrument and acknowledged to me that ~/she/tAey executed the same
il'l-ffis/her/tfteir authorized capacity(-ies) , and that by-ffis/her/tAeir signature(s)-on the instrument the
person(sj or the entity upon behalf of which the person(sr acted, executed the instrument.
WITNESS my hand and official seal.
Title of Documen~~..,.. í ~ ~~ffV~.-.;(- ~rN~
Date of Document ~ da::r--<-d? No. of Pages 4 (fð ')
Other signatures not acknowledged -
/ .2/1 ~ ç:,
3008 (1/94) (General)
F;rst Ame,;can T;tle Insurance Company
-
~
, 'V
- Recording Requested by:
CITY CLERK DRAft
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199_, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, suite 209, Chula Vista, California 91914,
hereinafter called "Subdivider";
Nl.TJ':!~ââ~T!!~
WHEREAS, Subdivider is about to present to the city Council of
the city of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 6 UNIT 1 pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with city, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /.2~-f/
-
~
and complete, at Subdi vider~ own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-55 through 97-69, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $409,400.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2- / c2/J :5~
-
~
or structures in said subdivisYon, and such certificate shall not
be issued until the city Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWO HUNDRED FOUR THOUSAND, SEVEN HUNDRED DOLLARS AND NO CENTS
($204,700.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWO HUNDRED FOUR THOUSAND, SEVEN HUNDRED DOLLARS AND NO CENTS
($204,700.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement - security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) (per
private engineer's estimate) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C"
and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by city for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
-3- / c2./l- -S1
-,
~
improvement security. Subdi v'l'der agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the city of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other .incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission o£ Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
city, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
-4- /~/9 --tfC
-
~
indemnification and agreement.""to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: PACIFIC BAY HOMES
Mayor of the City of Chula
Vista
ATTEST
City Clerk
Approved as to form by
l~ll!n~? ~ ~.
(Attach Notary Acknowledgment)
.'
.
-5- /2/7 -¡'j
..~.~.....- ..._._._-_...~.~_._.
~ -
...,
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
NOT SCANNED Amount: $204,700.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
NOT SCANNED Amount: $204,700.00
Exhibit "c" Improvement Security - Monuments:
Form: Bond
NOT SCANNED Amount: .$2,500.00
Securities approved as to form and amount by
J7 ~U ~
~ ci t~ttorney (,
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
H: \ ho.e \attorney\ ssia \ sal torek. 51
-6- / ,;J./hf..2 j; j fI- b b
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~~ A ..~ E ~ I 0
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}
STATE OF CA~NIAn . }ss.
COUNTY OF. ~~ '.IP-g-<' }
OnÓ¡/!~/, cf¿ ~ /Y"Í 7 ,before m~/~d("~?~
personally appeared G-~ 9" A' ~ ...,..,.,./
-- . , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person'tsj whose name~l§Jaf8-
subscribed to the within instrument and acknowledged to me that 1ge/§he/.tRey executed the same
in Ais~r/tfleir authorized capacity(ies} , and that by Ais/her/t :¡eir signature(s) on the instrument the
personfs1 or the entity upon behalf of which the person(âJ acted, executed the instrument.
WITNESS my hand and official seal.
Signature~ ~~ ~; ¡1 </ T£ì)::;;,,~
J~~-~----~---
¡@ '=== I
, Noby IWIc - CaIbnIII I
j San DIego Ccu1Iy -
- - - - ~~~_~9~ !
(This area lor off<:iaJ nowial seal)
Title of Docume~ l~.A;Á~Á;" , ~ 1'-<-'-Vh-1"A .I- ~/;;
Date of Documen~ ~ No. of Pages r
Other signatures not acknowledged -..
3008 (1/94) (General)
F;rst American Title Insuffince Company
- -
','
NOTARIAL ACKNOWLEDGMENT
STA TE OF CALIFORNIA )
)
CITY & COUNTY OF SAN FRANCISCO)
On April 28, 1997 before me, Tracy L. Ogden, Notary Public, personally
appeared N. Owens 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.
&g"atu.:t:1 ~ ' ,,~,
~P.<CY L OGDEN!
-"""""" -
~. '" CCW;L#~G76C54 ':i
~ .." :' ~OTARY?U6l!C.CALFOR~ A.'
U .' SAN e?,MiCiSCO CCU~T'I '"
g . MyComm.EJqJir..Oct.22.19G9 il
'" '< '- "- ----:.!i
DESCRIPTION OF A TTACHED DOCUMENT
Bond No.: 589 8117
Principal: Pacific Bay Homes
/2~'-Þr
-
-
m @ POWER SAFECO INSURANCE CO""'ANY OF AMERICA
OF ATTORNEY HOME OFFICE: SAFECO PLAZA
sEAnLE. WASHINGTON ..185
SAFECd
.~.
No. 7624
KNOW ALL SY THESE PRESENTS:
hat SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation. does hereby appoint
"""""""""""""'N. OWENS, San Francisco, Gal ifornia"""""""""""'"""",
ts true and lawful attorn9'¡(sHn-fact. with full authority to execute on behalf of the cempany fidelity and surety bonds or undertakings
d other doc\lT\ents of a similar character issued by the cempany in the course of its business. and to bind SAFECO INSURANCE
OMPANY OF AMERICA thereby as fully as If such instnrnents had been duly executed by its regularly elected officers at its heme
ffice.
N WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA has executed and attested these presents
this 11 t h day of Febr uary 19~
~-
CERTIFICA TE
Extract frem the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA:
, rticle V. Section 13. - FIDELITY AND SURETY BCI\IDS . . . the President. any Vice President. the Secretary. and any Assistant Vice
resident appointed for that purpose by the officer in charge of surety operations. shall each have authority to appoint individuals as
ttorneys-in-fact or under other appropriate titles with authority to execute on behalf of the cempany fidelity and surety bonds and
ther doc\lT\ents of similar character issued by the cempany in the course of its business. . . On any instr\lT\ent making or evidencing
ch appointment. the signatures may be affixed by facsimile. On any instr\lT\ent conferring such authority or on any bond or undertaking
f the ccmpany. the seal. or a facsimile thereof. may be impressed or affixed or in any other manner re",oduced: provided. however.
t at the seal shall not be necessary to the validity of any such instr\lT\ent or undertaking."
Extract frem a ReSOlution of the Board of Directors of
SAFECO INSURANCE COMPANY OF AMERICA adopted July 28. '970.
" n any cerrificate executed by the Secretary or an assistant secretary of the Cempany setting Out.
(I) The provisions of Article V. Section 13 of the By-Laws. and
(ii) A copy of the power-of-attorney appointment. executed pursuant thereto. and
(Iii) Certifying that said power-of-attorney appointment is in full force and effect.
t e signature of the certifying officer may be by facsimile. and the seal of the Cempany may be a facsimile thereof."
I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the
-Laws and of a Resolution of the Board of Directors of this corporation. and of a Power of Attorney issued pursuant thereto. are
t ue and correct. and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect.
I WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
28th April 97
this day of .19_.
S-1300lEP ".3 @ Reoiste'ed "adem". of SAFECO co'po,."on.
/.2/1-~ç
~ -
STATE OF CALIFORNIA ...,
COUNTY OF ORANGE
On May 2.1997 before me, Kera L. Aldricb, a Notary Public in and for said County
and State, personally appeared Karin T. Krol!:ius and Linda Robben personally
known 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 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.
Kera L. Aldrich ~
Signature Comm. 1/1046972 ~
NOTARY PUBliC CAlIFORN'
ORANGE COUNTY
Comm Expo"," Doc. 11. ,... ...
DESCRIPTION OF ATTACHED DOCUMENT
Bond No.: 5898117
Principal: Pacific Bay Homes
/.2,4/¿;/
~ -
Recording Requested by: .~
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA OQ.~f1
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199_, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "city", and PACIFIC BAY
HOMES, 2300 Boswell Road, suite 209, Chula Vista, California 91914,
hereinafter called "Subdivider";
NJ.TN1L~â.J;;T.!:L;-
WHEREAS, Subdivider is about to present to the city council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 6 UNIT 2 pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the city of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /.1 /J-~ '/
- -
and complete, at Subdivider'~ own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-55 through 97-69, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $197,200.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the city Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2- /2/1'--?~
-
~
or structures in said subdivis~on, and such certificate shall not
be issued until the city Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of NINETY EIGHT THOUSAND, SIX HUNDRED DOLLARS AND NO CENTS
($98,600.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of NINETY EIGHT THOUSAND, SIX HUNDRED DOLLARS AND NO CENTS
($98,600.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) (per
private engineer's estimate) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C"
and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
-3- J 2/7 ~~9
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~
improvement security. Subdivider agrees to pay to the city any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor /
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by city
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
-4- /:2/9 r /¿/
-
~
indemnification and agreement4:o hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the city of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the city or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: PACIFIC BAY HOMES
\.1:::dâ~dtAV'vU
Mayor of the City of Chula
Vista . Se r V~ce Pres~dent
Pacific Bay Homes
ATTEST
City Clerk
Approved as to form by
~ftc1tJ7~
ci. 'A orney
(Attach Notary Acknowledgment)
-5- /2/l~?/
- - 5c.-R l~
Ne~~t..b~-2
"
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
NOTSCANNEO
Amount: $98,600.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
NOTSCANN£D Amount: $98,600.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
NOTSCANNEÐ Amount: $2,500.00
Securities approved as to form and amount by
~fI1~~ " ç
. !; i cit ~ttor ey7
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
H: I ho.e lattorneYI ssia Isal torek. 62
-6- /:¿/J~? J- /;:1. /}- 73
-
~ AMEl{¡
~ " 0
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}
STATE OF CAL~A 0 . }ss.
COUNTY OF ~~ U'1J./> }
On~c.1~ /197 ,beforem~~...¿.zLc;(5~ ,
personally appeared ~ C)c /../1-" ~
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person('s) whose name~L.!§/am-
subscribed to the within instrument and acknowledged to me that Aelshe/tl<ey executed the same
in-ftis/~tReir authorized capacity(ies) , and that by Ais/!!!WtAeif signatureEst on the instrument the
person(s] or the entity upon behalf of which the person(6t acted, executed the instrument.
WITNESS my hand and official seal.
Signat~~1~
J~- - - ~~.;; -I
¡ . CImIIIIan, 1l1li147
~ MIIaIy NIle - 08InIrI
j - - - - ~~~~~ I
(This area for official notarial seal)
Title of Docume~Þz:ú'u",.4A'~ ~A.'í/-&'1-7'M<_~: á:./J.l"/I'YOo.;~
Date of Document",~ 4cz;:¡t;:~ No. of Pages.4 (1- )
Other signatures not acknowledged ------
-
/.2I'l- ~
3008 (1/94) (General)
First American Title Insurance Company
- -
Recording Requested by: ."
CITY CLERK DRAf1
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199_, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, suite 209, Chula Vista, California 91914,
hereinafter called "Subdivider";
!'!:.ITHEââETH-,-
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 6 UNIT 3 pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula Vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /e1;9 - ?~
- -
and complete, at Subdivider is¡ own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-55 through 97-69, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $118,800.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to city, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2- /:<~ ~?ç
- -
or structures in said subdivisf"on, and such certificate shall not
be issued until the city Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of FIFTY NINE THOUSAND, FOUR HUNDRED DOLLARS AND NO CENTS
($59,400.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of FIFTY NINE THOUSAND, FOUR HUNDRED DOLLARS AND NO CENTS
($59,400.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) (per
private engineer's estimate) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C"
and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by city for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the city Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
city, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
-3- I;¿/J -?~
- -
improvement security. Subdivi<1er agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limi ts established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by city as set forth
hereinabove.
13. It is understood and agreed that city, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
-4- /;¿/J-??
- -
...,
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
Form: Bond
NOT SCANNED Amount: $59,400.00
Exhibit "B" Improvement Security - Material and Labor:
Form: Bond
NOT SCANNED Amount: $59,400.00
Exhibit "C" Improvement Security - Monuments:
Form: Bond
NOT SCANNED $2,500.00
Amount:
Securities approved as to form and amount by
¡f~ 5Þ-lf ~~~ rÞ r~
. (/ cit Attor ey
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
H: \ ho.- \attorn_y\ ssia \ salte r_k. 63
-6- /,J./J-?rj
-
indemnification and agreement"i:o hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by city of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
city, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: PACIFIC BAY HOMES
Mayor of the City of Chula
vista
ATTEST
city Clerk
Approved as to form by
6 < -:£;~
. W ~ AU (
c~torney ~
(Attach Notary Acknowledgment)
-5- /Jd - 79f  /l- g()
- -
~'\ AMEl{¡
.". 0
'\-~ "1
~ ~
}
STATE OF CA~IA O. }ss.
COUNTY OF ~ /' :.il1f"" }
On~ ¿;;,C¡, /997 ,before me,Ç1!UA.d.... /~~.dcJj3~ ,
personally appeared~ /~. - -.
- '. , personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person~ whose name('s.) !§!a¡:e...
subscribed to the within instrument and acknowledged to me thaH'Te/sh-.e/tl:ie.y-executed the same
in flis/her/tAeif-authorized capacity(ies') , and that by AisI.illilltAeit"signature(sron 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.
Signat~(A2/~4~ ~;; nL"£~
lj-==î
.: Nolay PIbIIc - CcIIa:xOO j
~ Son DIego COU1Iy -
- - - - ~~~_~9~ I
(This area for officieJ notarial seal)
TitleOfDocume~~' .~~...,~~t~
Date of Document~ ::;:.: No. of Pages ' . )
Other signatures not acknowledged' - .
/;2. /) - f5tJ
3008 (1194) (General)
First Amencan Title Insurance Company
- -
Recording Requested by: .~.
CITY CLERK DRþ.f1
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199_, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "city", and PACIFIC BAY
HOMES, 2300 Boswell Road, suite 209, Chula Vista, California 91914,
hereinafter called "Subdivider";
!'!:J.TH1;~~1;TH..:..
WHEREAS, Subdivider is about to present to the city council of
the City of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 6 UNIT 4 pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula Vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /;</9 -~/
- -
and complete, at SubdividerΚ own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 97-55 through 97-69, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $243,400.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2- /e2/l-!5,2
- -
or structures in said subdivisYon, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED TWENTY ONE THOUSAND, SEVEN HUNDRED DOLLARS AND NO
CENTS ($121,700.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
city of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED TWENTY ONE THOUSAND, SEVEN HUNDRED DOLLARS AND NO
CENTS ($121,700.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) (per
private engineer's estimate) to secure the installation of
monuments, which security is attached hereto, marked Exhibit IIC"
and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
-3- /c2/J -~J
- -
improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the state
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by city and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by city,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
city, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
-4- /2r9-rf
- -
indemnification and agreement >'to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the city or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
city, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: PACIFIC BAY HOMES
Mayor of the City of Chula
vista
ATTEST
City Clerk
Approved as to form by
~ ý-1A~ ~~
c'i~'t&6rney 7
(Attach Notary Acknowledgment)
-5- /2/f--~Ç
- -
.,-J'
LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
NOT SCANNED Form: Bond
Amount: $121,700.00
Exhibit "B" Improvement Security - Material and Labor:
NOT SCANNED Form: Bond
Amount: $121,700.00
Exhibit "c" Improvement Security - Monuments:
NOT SCANNED Form: Bond
Amount: $2,500.00
Securities approved as to form and amount by
l (l j)l (JJ¿ t!!!ij Þ ~
~1 ð ci~torne
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
H: \ hOMe \ attorney\ ssia \ salterek . 64
+ /24 -(j? f~f1-g1
'1: AME1{¡
~~ .~. 0
'\, "'1
~ 1?
}
STATE OF CALI~ O. }ss.
COUNTY OF ( - ~'" }
OnÚjJAJ ó/<{ ¡ýq 7 , before m~""'..->d~J7~~K.-' ...J ,
personally appeareq, ~~ ../-
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person~ whose name(6)j§/are-
subscribed to the within instrument and acknowledged to me that-fie/she/t!:+ey-executed the same
in RisL!Js!r/tI:Ieir authorized capacity(.ies) , and that by :¡is/her/their signatur$) on the instrument the
person(s) or the entity upon behalf of which the person(~ acted, executed the instrument.
WITNESS my hand and official seal.
Signa~ -"...~ á ~ 4~
1------------'
~ SUSAN lJ1AS81i BOI\ÆRS
- Ccmr8IIon , 1085147 ~
,¡.: Notay PI.CIIc - CaItJmþ s;
!!: son DIego CoU1Iy -
i - - - _~C::~_~9.~ t
(Th,s area for officiaJ notariaJ seal)
Title of Docum~ / ;, ~M.~ ~(;~
Date of Document//4t da-:é~ No. of Pages
Other signatures not acknowledged --
/2/9 -15/
3008 (1/94) (General)
First American Title Insurance Company
- -
Recording Requested by: ...,.
CITY CLERK OR ~f1
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199_, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and PACIFIC BAY
HOMES, 2300 Boswell Road, suite 209, Chula Vista, California 91914,
hereinafter called "Subdivider"i
!i.ITH£;ââ£;TH-'.
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT
CREEK RANCH NEIGHBORHOOD 6 UNIT 5 pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula vista Municipal Code
relating to the filing, approval and recordation of subdivision
mapi and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an alternative thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council, and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
-1- /:28 -svr
- -
and complete, at Subdi videriš own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to city improvement securities as
approved by the City Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16834, approved on the 6th day of
October, 1992 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the City Engineer, as
shown on Drawings Nos. 97-55 through 97-69, on file in the office
of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the city in the amount of $284,200.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
-2- /02Ô - Jrf7
- -
or structures in said subdivis{on, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the state of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED FORTY-TWO THOUSAND, ONE HUNDRED DOLLARS AND NO CENTS
($142,100.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached hereto,
marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of ONE HUNDRED FORTY-TWO THOUSAND, ONE HUNDRED DOLLARS AND NO CENTS
($142,100.00) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the city in the sum
of TWO THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($2,500.00) (per
private engineer's estimate) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C"
and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
-]- /;2/?-;lc?J
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improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other.incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the city Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to city, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that city, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
city, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
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indemnification and agreement 'to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the city of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the city or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
state of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA SUBDIVIDER: PACIFIC BAY HOMES
'- ~~D~(;'Y~
M~yor of the City of Chula Se, ce President
VJ.sta PacJ.fic Bay Homes
ATTEST
City Clerk
Approved as to form by
f¡ ~¿-~ ~
ci~torney ~
(Attach Notary Acknowledgment) .-
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LIST OF EXHIBITS
Exhibit "A" Improvement Security - Faithful Performance
NOTSCANNltD Form: Bond
Amount: $142,100.00
Exhibit "B" Improvement Security - Material and Labor:
NOT SCANNED Form: Bond
Amount: $142,100.00
Exhibit "c" Improvement Security - Monuments:
NOT SCANNED Form: Bond
Amount: $2,500.00
Securities approved as to form and amount by
fÎ4 td#!Jt 'd~ t~ ¥
!/?-v cit!ð.torney
Improvement Completion Date: Two (2) years from date of
Council approval of the
Subdivision Improvement
Agreement.
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STATE OF C~IA D . }ss.
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COUNTY OF. ~ I"-¡/'
OrÝJ¡L2&.-(..,;~ / ç 9 7 ,before mq//7.A~../~j",'/"'dc§~<-("'AL.J
personally appeared db c;t/~ -
, personally known to me
- (or proved to me on the basis of satisfactory evidence) to be the person(s). whose nametsLl?/afe-
subscribed to the within instrument and acknowledged to me thatfte~/tbey executed the same
in.flis/~/t~r authorized capacity(-ies) , and that byAis~r/t~ signature(sj on the instrument the
personfs7 or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signatur~ ~A- ~'~Ld. C2f ~L.4.-I
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¡.: Notary PIä: - CaII:Imb
Son DIego Ccu1Iy -
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(This area for official notarial seal)
Title of Docume~.ft.c¿~M'~/'.å....- ~A'1AAYlY/7Tt~/'/~~
Date of Document /?'1A ~~ /' No. of Pages ~ (fo)
Other signatures not acknowledged
I
3008 (1194) (General)
First American Tifle Insurance Company
RESOLUTION NO. ~¿r-j7¿7;¿
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT
92-02, SALT CREEK RANCH, NEIGHBORHOOD 3, UNITS
1 THROUGH 6, NEIGHBORHOOD 3A, AND NEIGHBORHOOD
6, UNITS 1 THROUGH 5
WHEREAS, the developer has executed a Supplemental
Subdivision Improvement Agreement for Chula vista Tract 92-02, Salt
Creek Ranch, Neighborhood 3, units 1 through 6, and Neighborhood 6,
units 1 through 5, in order to satisfy conditions of City Council
Resolution No. 16834; and
WHEREAS; the Supplemental Subdivision Improvement
Agreement addresses the following Tentative Subdivision Map
conditions:
1. Condition No. 3 of the resolution requires the developer to
agree to comply, implement and remain in compliance with the
mitigation measures required by the Environmental Impact
Report 91-03 which are incorporated into the Agreement. Any
measure not satisfied by the Agreement or by the project
design should be implemented to the satisfaction of the
Director of Planning. Mitigation measures shall be monitored
via Mitigation Measures Monitoring Program approved in
conjunction with EIR 91-03. Modification of the sequence of
mitigation shall be at the discretion of the Director of
Planning should changes in circumstances warrant such revision.
2. Condition No.7 of the resolution requires the developer to
construct or enter into an agreement to construct the street
improvements set forth in Resolution No. 16834.
3. Condition No. 54 of the resolution requires the developer to
enter into and execute an agreement to fund the project's fair
share of a park-and-ride facility to be located in the
vicinity of the East H Street and SR-125 interchange.
4. Condition No. 55 of the resolution requires the developer to
enter into an agreement with the City for each phase or unit
thereof, whereby:
a. The developer agrees the city may withhold occupancy
permits for any units in the subject subdivision if any
one of the following occur:
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(1) Regional development threshold limits set by the
East Chula vista Transportation Phasing Plan have
been reached.
(2) Traffic volumes, levels of service, public
utilities and/or services exceed the adopted City
threshold standards.
b. The developer agrees that the City may withhold building
permits for any of the phases of development identified
in the Public Facilities Financing Plan (PFFP) if the
required public facilities, as identified in the PFFP or
as amended or otherwise conditioned have not been
completed or constructed to satisfaction of the city.
The property owner may propose changes in the timing and
sequencing of development and the construction of
improvements affected. In such case, the PFFP may be
amended as approved by the city Planning Director and
Public Works Director.
5. Condition No. 56 of the resolution requires the developer to
agree to comply with the requirements of the latest revised
Eastern Chula vista Transportation Phasing Plan and
Transportation Development Impact Fee Program.
6. Condition No. 57 of the resolution requires the developer to
enter into an agreement with the city agreeing not to protest
formation of a district for the maintenance of landscaped
medians and parkways along streets within and adjacent to the
subject property prior to approval of any Final Map which
includes those facilities.
7. Condition No. 58 of the resolution requires the developer to
enter into an agreement to defend, indemnify and hold harmless
the city and its agents, officers and employees, from any
claim, action or proceeding against the City, or its agents,
officers or employees to attack, set aside, void or annul any
approval by the City, including approval by its Planning
Commission, City Council or any approval by its agents,
officers, or employees with regard to this subdivision
provided the city promptly notifies the subdivider of any
claim, action or proceeding and on the further condition that
the city fully cooperates in the defense.
8. Condition No. 59 of the resolution requires the developer to
enter into an agreement with the city wherein the city is held
harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
9. Condition No. 66 of the resolution requires the developer to
enter into an agreement with the City to insure that all
franchised cable television companies ( "Cable Company") are
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permitted equal opportunity to place conduit and provide cable
television service to each lot within the subdivision prior to
the approval of Final Maps for each phase or unit. Restrict
access to the conduit to only those franchised cable
television companies who are, and remain in compliance with,
all of the terms and conditions of the franchise and which are
in further compliance with all other rules, regulations,
ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been,
or may from time to time be issued by the city of Chula vista.
10. Condition No. 69 of the resolution requires the developer to
prepare agreement(s) to phase the parks as follows:
a. Complete construction of the portions of Proctor Valley
Road and Duncan Ranch Road necessary to access the
parking lot driveway of the community park shall be
constructed. These streets shall be constructed prior to
the completion of the initial 12. a acre phase of the
community park. The streets shall be to the satisfaction
of the City Engineer and the Director of Parks and
Recreation.
b. The initial 12 net usable acres of the community Park
shall be dedicated in fee and improvements commenced
prior to or concurrent with the recordation of the Final
Map for the 592nd lot in Phase I. Complete construction
of all the facilities required for the first 12 acres of
the community park within one year following the
recordation of the Final Map for the 592nd lot.
c. The remainder of the community Park (8.23 net usable
acres, 10 gross acres) shall be dedicated in fee and
improvements commenced prior to, or concurrent with the
recordation of the Final Map for the 1447th lot.
Complete construction of all the facilities required for
the remaining 10 acres of the community park within one
year following the recordation of the Final Map for the
1447th lot.
d. The Neighborhood Park (5.71 net usable acres, 7.1 gross
acres), shall be dedicated in fee and improvements
commenced prior to the recordation of the Final Map of
the 2200th lot. Complete construction of all the
facilities required for the neighborhood park within one
year following the recordation of the Final Map for the
2200th lot.
e. At no time is the project to be deficient in park
acreage. If the standard of 3 acres per 1000 residents
is exceeded at any time, then the next phase of the
community park or the neighborhood park shall begin
immediately.
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11. Condition No. 70 of the resolution requires the developer to
agree to dedicate all required parkland (22 gross acres,
Community Park, 7 gross acres, Neighborhood Park) and park
improvements in accordance with the Parks Master Plan. The
Director of Parks and Recreation shall have the right of final
approval in the selection process of the general contractor
for both of the park sites.
12. Condition No. 72 of the resolution requires the developer to
locate underground, surface or overhead easements off-site of
either park site, except for the necessary and required
easements for the on-site park and recreation facilities.
13. Condition No. 73 of the resolution requires the developer to
enter into a Chula vista standard three-party agreement with
the City of Chula vista and a design consultant, for the
design of all aspects of the neighborhood and community parks
in accordance with the Master Plan whereby the Parks and
Recreation Director selects the design consultant. The
agreement shall include, but not be limited to, the design
development phase, the construction document phase and the
construction supervision phase for the park sites. The
construction documents shall reflect the then current
requirements of the City's Code/Manual requirements.
14. Condition No. 75 of the resolution requires the developer to
grant all open space lots to the city in fee on the applicable
Final Map and a deed executed and recorded for each lot.
15. Condition No. 76 of the resolution requires the developer to
agree to submit a schedule outlining the proposed turnover of
maintenance for open space areas to the City, subject to
approval of the Directors of Planning Parks and Recreation.
16. Condition No. 77 of the resolution requires the developer to
submit a list of open space items to be maintained and a rough
estimate of maintenance costs to allow City staff to determine
a preliminary cost and spread for the open space district.
17. Condition No. 78 of the resolution requires the developer to
request that the City form an Open Space District to maintain
public Open Space lots and submit to the City the associated
diagrm, cost estimate, des cription of work and a deposit of
$8,000 for processing the formation of the district.
18. Condition No. 89 of the resolution requires the developer to
install fire hydrants every 500 ft. for single family
residential and every 300 ft. for multi-family dwellings.
Install and make operable the hydrants prior to delivery of
combustible building materials.
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19. Condition No. 94 of the resolution requires the developer to
agree to provide fire prevention facilities and equipment,
including the construction of a fire station, if required, in
accordance with the Salt Creek Ranch Public Facilities
Financing Plan. Provide or secure said facilities and
equipment in accordance with a schedule as approved by the
Fire Chief.
20. Condition No. 98 of the resolution requires the developer to
agree to participate in a regional or subregional multispecies
coastal sage scrub conservation plan prior to the approval of
the first Final Map.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement for Chula vista Tract 92-02, Salt
Creek Ranch, Neighborhood 3, units 1 through 6, Neighborhood 3A,
Neighborhood 6, units 1 through 5, a copy of which is on file in
the office of the City Clerk as Document No.
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
~~~b
John P. Lippitt, Director of John M. Kaheny, city Att rney
Public Works
c: \rl\laltcreek.3&6
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--
RECORDING REQUEST BY: ) ORþ.f't
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is a )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
)
)
Developer )
)
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 3, 7, 54, 55, 56, 57, 58, 59, 66, 69, 70, 72, 73, 75,
76, 77, 78, 89, 94 and 98)
This Supplemental Subdivision Improvement Agreement (" Agree-
ment") is made this - day of , 1997, by and between THE
CITY OF CHULA VISTA, California ("City" or "Grantee" for recording
purposes only) and PACIFIC BAY HOMES, a
("Developer" or "Grantor"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property
located in Chula Vista, California, more particularly described on
Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of a project commonly known as Salt Creek
Ranch. For purposes of this Agreement the term "Project" shall
mean "Property".
B. Developer is the owner of the Property.
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C. Developer has appliœ for and the city has approved a
Tentative Subdivision Map commonly referred to as SALT CREEK RANCH,
Tract 92-02 ("Tentative Subdivision Map") for the subdivision of
the Property.
D. The city has adopted Resolution No. 16834 ("Resolution")
pursuant to which it has approved the Tentative Subdivision Map
subject to certain conditions as more particularly described in the
Resolution, a copy of which is attached hereto as Exhibit "B" and
incorporated herein.
E. City is willing, on the premises, security, terms and
conditions herein contained to approve the final map for which
Developer has applied as being in substantial conformance with the
Tentative Subdivision Map described in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
I. Agreement Applicable to subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
1.2 Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the Property and the City, its successors and assigns and any
successor in interest thereto. city is deemed the beneficiary of
such covenants for and in its own right and for the purposes of
protecting the interest of the community and other parties public
or private, in whose favor and for whose benefit of such covenants
running with the land have been provided without regard to whether
City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to maintain
any actions or suits at law or in equity or other proper proceed-
ings to enforce the curing of such breach to which it or any other
beneficiaries of this agreement and the covenants may be entitled.
a. Developer Release on Guest Builder Assignments.
If Developer assigns any portion of the Project, Developer may have
the right to obtain a release of any of Developer's obligations
under this Agreement, provided Developer obtains the prior written
consent of the city to such release. Such assignment shall,
however, be subject to this Agreement and the Burden of this
Agreement shall remain a covenant running with the land. The city
shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement
runs with the land, assumes the obligations of the Developer under
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this Agreement, and demonstrat~ to the reasonable satisfaction of
the City, its ability to perform its obligations under this
Agreement as it relates to the portion of the project which is
being acquired by the Assignee.
b. Partial Release of Developer's Assignees. If
Developer assigns any portion of the Project subject to the Burden
of this Agreement, upon request by the Developer or its assignee,
the city shall release the assignee of the Burden of this Agreement
as to such assigned portion if such portion has complied with the
requirements of this Agreement and such partial release will not,
in the opinion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
2. Condition No. 7 - Public street Improvements. In
satisfaction of Condition No. 7 of the Resolution, the Developer
agrees to the following:
2.a Improvement Work. Developer agrees to construct the
street improvements and land development work in and adjoining said
subdivision and as shown on the Drawings set forth on Exhibit" "
("street Improvements"), at its own expense, without any costto
the city, in a good and workmanlike manner, under the direction and
to the satisfaction and approval of the City Engineer. Developer
further agrees to furnish the necessary materials therefor, all in
strict conformity and in accordance with the plans and specifica-
tions, which documents have heretofore been filed in the Office of
the City Engineer and by this reference are incorporated herein and
made a part hereof. Developer shall complete construction of the
street Improvements on or before the second anniversary date of
Council approval of this Agreement. It is expressly understood and
agreed to by Developer that, in the performance of construction of
said street Improvements, Developer shall conform to and abide by
all of the provisions of the ordinances of the City of Chula Vista,
and the laws of the state of California applicable to said work.
2.b. Bonding.
i. Developer agrees to furnish and deliver to the city
of Chula vista, simultaneously with the execution of this
Agreement, and to thereafter maintain until City acceptance of the
work referenced herein, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the City
in the sums as set forth on Exhibit B, which security shall
guarantee the faithful performance in connection with the installa-
tion of the street Improvements as shown on Exhibit "B."
ii. Developer agrees to furnish and deliver to the city
of Chula vista simultaneously with the execution of this Agreement,
and to thereafter maintain until City acceptance of the work
referenced herein, an approved improvement security from a
sufficient surety, whose sufficiency has been approved by the city
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in the sums as set forth on EJM.ibit "B" to secure the payment of
material and labor in connection with the installation of said
street Improvements, which security is shown on Exhibit "B".
iii. Developer acknowledges and agrees that if the street
Improvements are not completed within the time agreed herein, the
sums provided by said improvement securities may be used by City
for the completion of the street Improvements in accordance with
those approved plans and specifications contained on Exhibit "B",
or at the option of the City, for those improvements shown on
Exhibit "B" that are less than, but not greater to, the sums
provided by said improvement securities. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to the Developer
or its successors in interest, pursuant to the terms of the
improvement security. Developer agrees to pay to the City any
difference between the total costs incurred to perform the work,
including limited and reasonable design and administration of
construction in substantial 'conformance with the approved plans
(including a reasonable allocation of overhead), and any proceeds
from the improvement security.
2.c. Developer's Costs and Expenses. It is also
expressly agreed and understood by the parties hereto that in no
case will the city of Chula Vista, or any department, board or
officer thereof, be liable for any portion of the costs and
expenses of the work aforesaid, nor shall the city or the city's
officer, sureties or bondsmen, be liable for the payment of any sum
or sums for said work or any materials furnished therefor.
2.d. Plan Check fees and Additional Costs. It is
further understood and agreed by Developer that any engineering
costs (including plan checking, inspection, materials furnished and
other incidental expenses) incurred by City in connection with the
approval of the street Improvements plans and installation of
street Improvements descr ibed above, as required by City and
approved by the City Engineer shall be paid by Developer, and that
Developer shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
2.e. Maintenance Costs. Developer understands and
agrees that until such time as all of the street Improvements as
covered by any particular bond are fully completed and accepted by
City, Developer shall be responsible for the care, maintenance of,
and any damage to, such streets and any alleys, easements, water
and sewer lines. It is further understood and agreed that Developer
shall guarantee all of the street Improvements for a period of one
year from date of final acceptance and correct any and all defects
or deficiencies arising during said period as a result of the acts
or omission of Developer, its agents or employees in the perfor-
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mance of this Agreement, and bftat upon acceptance of the work by
city, Developer shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by City as set forth hereinabove.
2.f. Indemnification. Developer further understands and
agrees that City, as indemnitee, or any officer or employee
thereof, shall not be liable for any injury to person or property
occasioned by reason of the acts or omissions of Developer, its
agents or employees, or indemnitee, related to the construction of
the street Improvements. Developer further agrees to protect and
hold the City, its officers and employees, harmless from any and
all claims, demands, causes of action, liability or loss of any
sort, because of or arising out of acts or omissions of Developer,
its agents or employees, or indemnitee, related to the construction
of the street Improvements; the approved improvement securities
referred to above shall not cover the provisions of this paragraph.
Such indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said street Improvements as
provided herein. It shall also extend to damages resulting from
diversion of waters, change in the volume of flow, modification of
the velocity of the water, erosion or siltation, or the modifica-
tion of the point of discharge as the result of the construction
and maintenance of the street Improvements and the drainage
systems. The approval of plans for the street Improvements and
related improvements shall not constitute the assumption by City of
any responsibility for such damage or taking, nor shall City, by
said approval, be an insurer or surety for the construction of the
Street Improvements and related improvements. The provisions of
this paragraph shall become effective upon the execution of this
Agreement and shall remain in full force and effect for ten (10)
years following the acceptance by the City of the Street
Improvements.
3. Condition No. 54 - Park-and-ride Facilities. In
satisfaction of Condition No. 54 of the Resolution, the Developer
agrees to pay its fair share, in an amount to be determined by
Caltrans and the City for the park-and-ride facility described in
the Salt Creek Public Facilities Financing Plan ("PFFP"). Developer
shall pay such amount prior to completion of Caltrans' engineering
plans for state Route 125.
4. Condition No. 55 - Building Permits. In satisfaction of
Condition No. 55 of the Resolution, the Developer agrees that:
a. The City may withhold occupancy permits for any unit
within the Project if anyone of the following occur:
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i. Regional development threshold limits set by the East
Chula vista Transportation Phagtng Plan have been reached.
ii. Traffic volumes, levels of service, public utilities
and/or services exceed the adopted city threshold standards in the
then effective Growth Management Ordinance.
b. The City may withhold building permits for any of the
units within any phase of development identified in the PFFP, if
the required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have not been completed or
constructed to satisfaction of the city. The Developer may propose
changes in the timing and sequencing of development and the
construction of improvements affected. In such case, the PFFP may
be amended as approved by the City Planning Director and Public
Works Director.
5. Condition No. 56 - Transportation Phasing Plan and Impact
Fee Program. In satisfaction of Condition No. 56 of the Resolu-
tion, the Developer agrees to comply with the requirements of the
Eastern Chula vista Transportation Phasing Plan and Transportation
Development Impact Fee Program, as both Programs may be amended
from time to time by the City.
6. Condition No. 57 - No Protest of Maintenance District or
Assessment District. In satisfaction of Condition No.57 of the
Resolution, if the Developer and the City mutually agree, during
the 120 day negotiation period described in paragraph 11(b) (1) of
this Agreement, to form an assessment district, the Developer
agrees not to protest the formation of such maintenance district
for the maintenance of landscaped medians and parkways along
streets within and adjacent to the Project. In addition, Developer
agrees not to protest the formation of and inclusion of the
Property in an assessment district, if such assessment district is
mutually agreed to by the city and Developer, for the maintenance
of open space areas. This agreement to not protest the inclusion
of these public improvements shall not be deemed a waiver of the
right to challenge the amount of any assessment which may be
imposed due to the addition of these new improvements and shall not
interfere with the right of any person to vote in a secret ballot
election.
7. Condition No. 58 - Subdivision Map Indemnity. In
satisfaction of Condition No. 58 of the Resolution, the Developer
agrees that, on the condition that city shall promptly notify the
Developer of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense, the
Developer shall defend, indemnify, and hold harmless the city, and
its agents, officers and employees, from any claim, action or
proceeding against the city, or its agents, officers or employees,
to attack, set aside, void or annul any approval by the City,
including approvals by its Planning commission, City Council, or
any approval by its agents, officers, or employees with regard to
this Project.
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8. Condition No. 59 - Erosion and Drainage Indemnity. In
satisfaction of Condition No. ~ of the Resolution, the Developer
agrees that, on the condition that City shall promptly notify the
Developer of any claim, action or proceeding, Developer shall
defend, indemnify, and hold harmless the City, and its agents,
officers and employees, from any claim, action, or proceeding
against the city, or its agents, officers or employees, related to
erosion, siltation or increased flow of drainage resulting from the
Property. City agrees to reasonably cooperate with Developer in
the defense of any such action, claim or proceeding.
9. Condition No. 66 - Cable Television Easements. In
satisfaction of Condition No. 66 of the Resolution, the Developer
agrees to permit all cable television companies franchised by the
ci ty of Chula vista equal opportunity to place conduit to and
provide cable television service for each lot or unit within the
Project. Developer further agrees to grant, by license or
easement, and for the benefit of, and to be enforceable by, the
city of Chula Vista, conditional access to cable television conduit
within the properties situated within the Project only to those
cable television companies franchised by the City of Chula vista
the condition of such grant being that (a) such access is coordi-
nated with Developer's construction schedule so that it does not
delay or impede Developer's construction schedule and does not
require the trenches to be reopened to accommodate the placement of
such conduits; and (b) any such cable company is and remains in
compliance with, and promises to remain in compliance with, the
terms and conditions of the franchise and with all other rules,
regulations, ordinances and procedures regulating and affecting the
operation of cable television companies as same may have been, or
may from time to time be, issued by the city of Chula vista.
Developer hereby conveys to the City of Chula vista the authority
to enforce said covenant by such remedies as the city determines
appropriate, including revocation of said grant upon a determina-
tion by the city of Chula vista that they have violated the
conditions of the grant.
10. Condition 69, 70, 72, 73 - Park Improvements. In
satisfaction of Conditions 69, 70, 72, and 73 of the Resolution,
Developer agrees to the following:
10.a Park Master Plan. (Condition 73). Developer represents
that Developer has entered into the Chula vista standard three
party agreement with the City of Chula vista and a design consul-
tant for the preparation of a Park Master Plan that includes but is
not limited to, the design development for both the neighborhood
and community park sites identified by this Project's planning
documents (herein referred to respectively as the "Neighborhood"
and "Community" Park). Developer understands and agrees that the
Park Master Plan shall include all design aspects of the Neighbor-
hood and Community Parks and shall be prepared in accordance with
the current requirements of the city's Landscaping Manual, as may
be amended from time to time. Developer shall complete the Park
Master Plan for the Neighborhood Park, for the Parks and Recreation
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Director's approval, on or before November 1, 1997. Developer
shall complete the Park Master ~an for the Community Park, for the
Parks and Recreation Director's approval, prior to or concurrent
with the recordation of the Final Map containing the 592nd lot.
The City shall not unreasonably withhold approval of such Plans.
lO.b Neighborhood Park. (Condition 69.d).
1. Concurrent with execution of this Agreement, Developer
shall provide the City with an irrevocable offer of dedication for
the entire 5.71 net useable, 7.1 gross acres of the Neighborhood
Park. The irrevocable offer of dedication for said park shall be in
fee, free and clear of all encumbrances except for those utility
easements identified on the Preliminary Title Report prepared by
First American Title and dated May 29, 1997. If requested by the
city, Developer agrees to provide the City with an irrevocable
offer of dedication (fee title, free and clear of all encumbrances)
for only that portion of the Neighborhood Park that will be
improved in the initial phase as set forth in paragraph 10(b) (2)
below. If an irrevocable offer of dedication for the entire 5.71
net useable or 7.1 gross acres is not accepted by the City because
the Director of Parks and Recreation has determined that the entire
park area will not be improved prior to the issuance of first
building permit as more fully described in paragraph 10(b) (2)
below, the Developer shall provide an irrevocable offer of
dedication for the remaining portion of said Neighborhood Park
prior to the City's approval of the final map containing the 2200th
lot.
2. Prior to November 1, 1997, Developer agrees either 1)
to commence grading and irrigation and hydroseed work for the
entire area of the Neighborhood Park, in accordance with the
approved Park Master Plan, at an estimated cost of $467,000, or 2)
commence work on an alternative of equal value if directed by the
Park and Recreation Director (either option is herein referred to
as "Initial Phase Improvements"). Developer shall provide the
City, for the city's approval, with cost estimates for any of the
improvements to be undertaken by the Developer prior to the
Developer doing such work. city shall not unreasonably withhold
approval of such cost estimates. Developer shall complete all of
the Initial Phase Improvements on or before November 1, 1998.
Concurrent with execution of this Agreement, Developer shall
provide a bond equal to $467,000, by a surety approved by the City,
for the Initial Phase Improvements described above.
3. Developer shall complete the remaining portion of the
park improvements ("Remaining Improvements") for the Neighborhood
Park as set forth in the Park Master Plan. Developer agrees to
complete construction of the Remaining Improvements for the
Neighborhood Park within one year following the approval of the
Final Map containing the 2200th lot. Developer shall provide a
bond, from a city approved surety, for the Remaining Improvements
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prior to the City's approval of the final map containing the 2200th
lot. ..
10.c. community Park.
1. (Condition 69.b). Prior to or concurrent with the
city's approval of the Final Map containing the 592nd lot,
Developer agrees to dedicate (or at the city's request, provide an
irrevocable offer of dedication) to the City in fee, free and clear
of all encumbrances, the 12 net usable acres of the Community Park.
Developer also agrees to commence construction of the park
improvements required for the first 12 acre Community Park
("Community Park's First Phase Improvements") prior to or concur-
rent with the recordation of the Final Map containing the 592nd
lot. Developer agrees to provide a bond, from a City approved
surety, for the Community Park's First Phase Improvements prior to
the City's approval of the final map containing the 592nd lot.
Developer agrees to complete construction of the Community Park's
First Phase Improvements within one year following the approval of
the Final Map containing the 592nd lot.
2. (Condition 69.a). Developer agrees to complete
construction of the portions of Proctor Valley Road and Duncan
Ranch Road necessary to access the parking lot driveway of the
Community Park prior to the completion of the Community Park's
First Phase Improvements. The streets shall be completed to the
satisfaction of the City Engineer and the Director of Parks and
Recreation.
3. (Condition 69.c). Prior to or concurrent with the
city's approval of the Final Map containing the 1447th lot,
Developer agrees to dedicate (or provide an irrevocable offer of
dedication) to the city, in fee, free and clear of all encumbranc-
es, the remainder of the Community Park, equal to 8.23 net useable
acres or 10 gross acres. Developer also agrees to commence
construction of the park improvements required for said remainder
of the Community Park ("Subsequent Phase Improvements") prior to or
concurrent with the recordation of the Final Map containing the
1447th lot. Developer agrees to provide a bond, from a City
approved surety, for the Subsequent Phase Improvements prior to the
City's approval of the final map containing the 1447th lot.
Developer agrees to complete construction of the subsequent Phase
Improvements within one year of the City's approval of the Final
Map containing the 1447th lot.
10.d. Construction. (condition 70). Developer shall
dedicate and construct both the neighborhood and Community Parks in
accordance with city standards and the Master Plan approved by the
Director of Parks and Recreation. Developer shall select, subject
to the city's approval, a responsible general contractor for the
construction of the park improvements for both the Neighborhood and
Community Parks.
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lO.e. No deficit. (Condition 69.e). Developer understands
and agrees that at no time sha~ the Project be in deficit of the
Park lands and Public Facilities Ordinance's (Municipal Code section
17.10 et seq) standard of 3 acres per 1000 residents. Developer
agrees that if there is a deficit at any time, as deficit is
determined by the city, Developer shall immediately commence with
the next phase of the Community Park or the Neighborhood park
improvements as set forth in this Agreement. In addition,
Developer understands and agrees that the Developer is required to
pay the Park Acquisition and Development fee ("PAD Fee") in
accordance with the Park lands and Public Facilities Ordinance. The
Developer shall be credited or reimbursed, at the Developer's
option, for the Neighborhood and Community park land improvements
that have been guaranteed by a surety approved by the City and for
the applicable land dedications provided by the Developer to the
City in accordance with this Agreement.
lO.f. Off-site Easements. (Condition 72). Developer shall
underground and locate off-site of the Neighborhood and community
Park sites, to the satisfaction of the City Engineer, all of the
surface or overhead utility easements, except for the necessary and
required easements for the on-site park and recreation facilities
or as otherwise approved by the City Engineer.
13.. Condition Nos. 75, 76, 77 and 78 - open space. In
satisfaction of Condition Nos. 75, 76, 77 and 78 of the Resolution,
Developer agrees to the following:
a. The parties acknowledge that, in November of 1996, and
subsequent to the adoption of this Resolution, the California
electorate approved Proposition 218, adding Articles XIIIC and
XIIID to the California constitution which necessitated that the
parties reevaluate the Project's Tentative Map Conditions. The
city has retained consultants to analyze the effect of Proposition
218 on the funding of maintenance of open space lands and street
medians, and to make recommendations to the city Council regarding
the most effective manner to maintain open space lands and street
medians ("Maintenance Analysis"). The Maintenance Analysis may
affect Developer and a number of other developers and landowners
within the city, and is projected to be completed and acted upon by
the city during late Spring, 1997.
b. In order for Developer to request city Council approval
of, and record, the final map of the Project; to provide some
assurance to the Developer and the public that the Project's open
space areas, and the thoroughfare median areas (collectively
referred to as "Open Space Areas") will be maintained; and to
protect the City from having to use its general fund to maintain
the Project's Open Space Areas; the city and Developer mutually
agree to the following:
1. The city and Developer shall meet and confer in good
faith for a period not to exceed 120 days following City council
approval of this final map, to determine whether any mutually
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acceptable alternative means exist to fund the maintenance of the
Open Space Areas within the l"!'o j e ct (the "Meet and Confer Pro-
cess").
2. In the event that the City and Developer are unable
to reach agreement upon a mechanism to fund the maintenance of the
Open Space Areas within the Project within the period of the Meet
and Confer Process, then Developer shall select one of the
mechanisms described in subsection i. or ii. below, to fund the
maintenance of the Open Space Areas within the Project.
i. Community Facilities District Act ("CFD") Alterna-
tive. In the event either that the Developer and the city jointly
agree during the Meet and Confer Process, or the Developer
determines pursuant to section b.2. above; Developer may formally
request that the City form a community facilities district under
the CFD Act and take such other actions necessary to form such
district to fund the maintenance of the Open Space Areas. The City
shall in a timely manner process the application for a community
facilities district for such purpose. Developer understands that
the City Council maintains its sole discretion to approve or deny
the formation of such district.
ii. Homeowners Association Alternative. In the event
either that the Developer and the city jointly agree during the
Meet and Confer Process, the Developer determines pursuant to
section b.2. above, or no community facilities district has been
approved, Developer shall create a Homeowner's Association to own
and maintain in a professional manner such Open Space Areas.
Developer acknowledqes that the HOA's maintenance of the medians
may expose the city to liability. Developer aqrees to establish an
HOA that will hold the city harmless from any neqliqence of the HOA
in the maintenance of such median areas. The Developer shall
submit for City's approval the CC&R's, or other appropriate
documentation, describing the maintenance standards and
responsibility of the Homeowners Association for the Open Space
Areas and the appropriate hold harmless provision. as described
above. The City shall not unreasonably withhold its approval of
such CC&R's.
3. Developer agrees and understands that the Open Space
Areas shall not be maintained by the use of the city's general
fund. The Developer shall make its determination of the mechanism
to be used and provide written notice thereof to the City within
thirty (30) days of the conclusion of the meet and confer process.
Developer shall complete the formation of the CFD District or
Homeowners Association prior to Developer making application for
the first building permit for any units within the Project
excluding sales offices and model homes on the condition that the
sales offices and models are not sold prior to the Developer's
compliance with the provisions of this paragraph.
4. Developer agrees that the city has the right to withhold
issuance of any building permits for the Project if no CFD Act
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District, other financing mechanism or Homeowners Association is
established to maintain the open Space Areas.
12. Condition No. 89 - Fire Hydrants. In satisfaction of
Condition No. 89 of the Resolution, Developer agrees to install,
test and operate all fire hydrants required by the Fire Chief prior
to placement of any combustible materials on site of any unit in
the Project; in conjunction therewith, developer shall provide
roadway access at such sites for fire apparatus as required by the
Fire Chief.
13. Condition No. 94 - Fire Prevention Facilities. In
satisfaction of Condition No. 94 of the Resolution, Developer
acknowledges that Developer is responsible for providing fire
prevention facilities and equipment, including construction of a
fire station, in accordance with the Salt Creek Ranch Public
Facilities Financing Plan ("PFFP"), §§3.4 et. seq. as may be
amended from time to time. Developer agrees to comply with the
PFFP requirement with respect to the construction of said facili-
ties within the time frames set forth by the PFFP.
14. Condition No. 98 - MSCP Compliance. In satisfaction of
Condition No. 98 of the Resolution, the Developer agrees to comply
with and participate in the Multiple Species Conservation Program
(IIMSCPII) to be adopted by the City.
15. Condition No. 3 - Mitigation Measures. In satisfaction
of Condition No. 3 of the Resolution, the Developer agrees to
comply, implement and remain in compliance with the mitigation
measures required by the Environmental Impact Report 91-03 which
are hereby incorporated into this agreement by reference. Any
measure not satisfied by the project design should be implemented
to the satisfaction of the Director of Planning. Mitigation
measures shall be monitored via Mitigation Measures Monitoring
Program approved in conjunction with EIR 91-03. Modification of
the sequence of mitigation shall be at the discretion of the
Dir7c~or of Planning should changes in circumstances warrant such
rev~s~on.
16. Unfulfilled Conditions. Developer hereby agrees, unless
otherwise conditioned, that Developer shall comply with all
unfulfilled conditions of approval of the Salt Creek Ranch
Tentative Map, Tract 92-02 established by Resolution No. 16834
approved by Council on October 6, 1992 and shall remain in
compliance with and implement the terms, conditions and provisions
of the Agreement.
17. satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction of Developer's
obligation of Conditions 3, 7, 54, 55, 56, 57, 58, 59, 66, 69, 70,
72, 73, 75, 76, 77, 78, 89, 94 and 98 of the Resolution.
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18. Recording. This Agreement, or an abstract hereof
prepared by either or both p;!lt"ties, may be recorded by either
party.
19. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and
received when personally delivered to the party to whom it is
directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered
mail, return receipt requested, first-class postage prepaid,
addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving
written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 9'1910
Attn: Director of Public Works
Developer:
Pacific Bay Homes
2300 Boswell Road, suite 209
Chula Vista, CA 91914
Attn: Liz Jackson
Division Manager
A party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party in the
manner provided in this paragraph. Facsimile transmission shall
constitute personal delivery.
b. Captions. captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
d. Prepara tion of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
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e. Recitals; Exhibits. Any recitals set forth above
are incorporated by reference ~to this Agreement.
f. Attorneys' Fees. If either party commences
litigation for the judicial interpretation, reformation, enforce-
ment or rescission hereof, the prevailing party will be entitled to
a judgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the
relief sought.
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove set
forth.
CITY OF CHULA VISTA DEVELOPER:
Shirley Horton, Mayor
Attest:
By:
Beverly Authelet, City Clerk
(Name)
Approved as to form:
(A--- ~~ ~ (Title)
John M. Kaheny, City ttorney
H: I HooelAttorneylSSIA Is.Herk. SSI
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~HIBIT 'A'
SALT CREEK RANCH
LEGAL DESCRIPTION
P.~.RCEL 1:
TEE NORTH ~~~F OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17
SOUTE, RA.."'GE 1 WEST, SAN BERNÞ2~INO MERIDI-~, IN THE CO~¡Y OF SÞ~
DIEGO, STl--T::: OF CÞ~IFORNIA, ACCORDING TO UNITED STATES GOVER.f>1MENT
SURVEY THER:::OF.
:::XCEPTING T?~REFROM T~~T PORTION DESCRIBED IN DEED TO HENRY G. FENTON,
RECORDED AUGUST 31, 1938 IN BOOK 810, PAGE 380 OF OFFICIAL RECORDS.
¡:¡._'<CEL 2:
THE SOUTHL~~T QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, R.~GE 1 WEST,
9_'" BER."'A..'<.DINO BASE Þ_"'D MERIDIAN, IN TEE COUNTY OF SA..'" DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, l-.PPROVED
APRIL 17, 1383.
EXCEPTING THEREFROM TE~T PORTION CONVEYED TO THE SOUTHER.'" Cl-~IFORNIA
MOü~TAIN WATER COMPÞ~I, BY DEED DATED ~AY 19, 1896 IN BOOK 253, PAG:::
100 OF DE:::DS, DESCRIBED AS FOLLOWS:
CO~~ENCING AT A POINT LOCATED NORTH 34°30' WEST 2,575 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 26, THENCE TRUE NORTH 67.20 FEET
(?ECO,,-D NO,,-TH 67.00 FEET); TEENCE TRUE WEST 300 FEET; THENCE TRUE
SOUTH 145.2 FEET; THENCE TRù~ EAST 300 FEET; THENCE TRUE NORTH 78.2
FEET TO POIXT OF CO~"ENCEMENT.
PÞ_'<CEI., 3:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUÞ3TER, THE EAST PAI.,F OF THE
SOUT!'.EAST QUARTER Þ_"'D THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER,
.l,LL IN SECTION 27, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BER."'A..'liJ INO
B.;5E A.."'D MERIDIÞ~, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVER.f>1MENT SURVEY, APPROVED APRIL 17,1883.
EXCEPTING THEREFROM T?~T PORTION OF SAID h~><D LYING WITHIN PÞ3CEL Ml'.P
NO. 15480, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
Cþ.~IFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COù~TY, DECEMBER 2, 1988 AS FILE NO. 88-619593 OF OFFICIAL RECORDS.
/~ß- :¿j
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.. '
PJlRCEL 4:
THE EAST E~F OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE NORTH
HALF OF THE SOUTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHIP 17 SOUTH,
FUÜ"¡GE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 5:
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUkQTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PJlRCEL 6:
THE SOUTH ~~F OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PÞJ,CEL 7:
THE WEST THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUkQTER 0= SECTION 24, THE WEST THREE QUARTERS OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH,
R.lu'\lG::: 1 WEST, Sk~ BERNARDINO MERIDIAN, COù~TY OF SAN DIEGO, STATE OF
G'.LI ?ORNIÞ. , ACCORDING TO UNITED STATES GOVER.NMENT Sù~VEY THEREOF.
P.Z>.RCEL 8:
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUk~TER AND THE EAST QUARTER OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24.
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE EAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTH HALF OF
THE NORTHW:::ST QUARTER OF SECTION 25, ALL BEING IN TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, Þ.CCORDING TO UNITED STATES
GOVER.NMENT SURVEY, APPROVED APRIL 17, 1883.
/elf] ~ 2C:Z
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-'
?".RCEL 9:
TEAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF
S.".N DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 17, 1883, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 25, DISTANT THEREON SOUTH 88°53' 30"
EAST 1136.70 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH
41°48'30" EAST 1817 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE
OF SAID SECTION 25, SAID SOUTH LINE BEING ALSO THE NORTH BOUNDARY LINE
OF RANCHO JANAL; THENCE ALONG SAID BOUNDARY LINE SOUTH 88°49' EAST TO
THE EAST LINE OF SAID SOUTH HALF OF SOUTHWEST QUARTER OF' SAID SECTION
25; THENCE ALONG SAID EAST LINE NORTH 0°12' EAST 1332.13 FEET TO A
FOUR - INCH CONCRETE FILLED PIPE SET IN STONE MOUND FOR NORTHEAST
CORNER OF SAID SOUTH P.ALF OF SOUTHWEST QUARTER, AND AS SHOWN ON RECORD
OF SURVEY MAP NO. 663 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF
OF SOUTHWEST QUARTER NORTH 88°53'30" WEST 1578.87 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE SOUTHERN
CALIFORNIA MOUNTAIN WATER COMPANY, RECORDED MAY 4, 1905 IN BOOK 363,
PAGE 154 OF DEEDS.
?".RCEL 10:
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP
1 7 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CAL I FORNB. , ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THERE'..F.
P."-.R.CEL 11:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PÞ.RCEL Ib
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
/2.!1-c23
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P.Z>..RCEL 13:
TF.AT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING NORTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 14:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING SOUTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 15:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED APRIL 17, 1883, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT LOCATED NORTH 34'°30' WEST 2,575 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 26, THENCE TRUE NORTH 67.20 FEET
(RECORD NORTH 67.00 FEET); THENCE TRUE WEST 300 FEET; THENCE TRUE
SOUTH 145.2 FEET; THENCE TRUE EAST 300 FEET; THENCE TRUE NORTH 78.2
FEET TO POINT OF COMMENCEMENT.
/;¿ß-~J(
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EXHIBIT "B"
CHULA VISTA TRACT 92-02. SALT CREEK RANCH
Lane Avenue $662,500.00 $662,500.00 93-71A to 93-83
Hunte Parkway $679,300.00 $679,300.00 93-158 to 93-169
On-Site
Hunte Parkway $994,350.00 $994,350.00 93-250B to 93-268
Off-Site
Mackenzie Creek $700,000.00 $700,000.00 93-46A to 93-54
Road
Proctor Valley Road $1,587,000.00 $1,587,000.00 97-138B to 97-162
On-Site
Traffic Signal At $74,250.00 $74,250.00 Not Applicable
Lane Ave. & Otay
Lakes Road
Traffic Signal At $78,250.00 $78,250.00 Not Applicable
Hunte Parkway &
Otay Lakes Road
Traffic Count $86,625.00 $86,625.00 Not Applicable
Stations at Various
locations.
~
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RESOLUTION NO. ~~/?¿?~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AFFORDABLE HOUSING
AGREEMENT RELATED TO SALT CREEK RANCH AND
AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT
WHEREAS, one condition of approval for the Tentative
Subdivision Map required that the developer enter into an agreement
with the City to guarantee the construction and delivery of low and
moderate income units in a timely manner; and
WHEREAS, to comply with this condition, the applicant,
Pacific Bay Homes, has prepared an Affordable Housing Agreement for
the Salt Creek Ranch Planned Community for Council's consideration
and approval.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve an Affordable Housing
Agreement related to Salt Creek, a copy of which is on file in the
office of the City Clerk as Document No.
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
Ùv-~~~~
John P. Lippitt, Director of John M. Kaheny, City Attorney
Public Works
C:lrslsaltereek.3'6
/:<c- /
OR ~f1
Recording Requested by: )
)
CITY CLERK )
)
When Recorded, Mail to: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula vista, CA 91910 )
)
------------------------------------------------------------------
AFFORDABLE HOUSING AGREEMENT
This Affordable Housing Agreement ("Agreement") is made as of
, 1997, by and between the Pacific Bay Homes (formerly
known as FN Development Company, Alpha), a California corporation
("Developer"), and the city of Chula Vista, a California municipal
corporation ("city"), with reference to the following facts:
A. The City of Chula vista Housing Element established the
city's "Affordable Housing Policy" which requires 10% of each
housing development of 50 or more units to be affordable to low and
moderate income households, with at least one half of those units
(5% of project total units) being designated for low income
households. (The Chula vista Housing Element of the General Plan,
Page III-4.)
B. Developer owns 1,200 acres of that certain real property,
as shown on Exhibit "A", and located in the portion of the City of
Chula vista (referred to herein as "Project"). The Project is more
particularly described in Exhibit "B" (Legal Description) which is
attached hereto and incorporated herein by this reference.
C. On September 25, 1990, the City approved a General
Development Plan for the Project, by Resolution Number 15875, which
required compliance with. the City's Housing Element of the General
Plan.
D. On March 22, 1992, the City approved the Salt Creek Ranch
Sectional Planning Area Plan for the Project by Resolution Number
16555.
E. On October 6, 1992, the City approved a Master Tentative
Map for the Project by Resolution Number 16834 ("Project Tentative
Map"). Condition number 113 of the Project's Tentative Map
requires that Developer enter into an affordable housing agreement.
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NOW THEREFORE, in consideration of the mutual promises
described herein, the parties agree as follows:
1. Definitions. Unless otherwise indicated, for purposes of
this Agreement, the following terms shall mean:
a. "low income housing" means housing for a household of
persons who claim primary residency at the same unit with combined
incomes that do not exceed 80% of the area median income (adjusted
annually) based on household size. Household size is calculated by
the number of persons residing at the same unit as their primary
residency. HUD regulation 24CFR 813.106, as may be amended from
time to time, shall be used to calculate income.
b. "moderate income housing" means housing for a household
of persons who claim primary residency at the same unit with
combined incomes between 80% and 120% of the area median income
(adjusted annually) based on household size. Household size is
calculated by the number of persons residing at the same unit as
their primary residency. HUD regulation 24CFR 813.106, as may be
amended from time to time, shall be used to calculate income.
The range of income levels described in the above defined
terms may change from time to time in accordance with changes to
state and federal laws.
c. "Developer's Obligation" means that the Developer is
obligated to provide 10% of the total number of residential units
constructed within the Project as low and moderate income housing,
with at least 5% consisting of low income housing units.
2. Duty to Build. Developer shall construct or cause to be
constructed the total number of low and moderate income housing
units required by the Project in accordance with the following:
a. Moderate income housing units. In order to satisfy
Developer's Obligation with regard to moderate income housing,
Developer agrees to construct five percent of the total number of
the Project's residential units as moderate income housing units.
Developer shall complete construction of all of the
project's moderate income housing units in accordance with the
construction schedule set forth in the attached Salt Creek Ranch
Affordable Housing Program, Exhibit C hereto.
Developer shall provide the City a biannual report
documenting the progress Developer has made toward meeting
Developer's Obligation for moderate income housing.
b. Low income housing units. In order to satisfy Developer's
Obligation with regard to low income housing, DevelopeF agrees to
construct low income housing units equal to at least five percent
2 ~.
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of the total number of the Project's residential units. Developer
shall commence construction of 43.5% of the total number of
qualified low income housing units required by the Project, on or
before the issuance by the City of the GOlst building permit for
the Project ("Initial Phase"). Developer shall thereafter
diligently pursue completion of construction of the Initial Phase
with construction of the Initial Phase to be completed no later
than one year from the date of commencement of construction of said
units. Thereafter, Developer shall commence construction of the
remaining number of qualified low income housing units required by
the Project, on or before the City's issuance of 'the l70lst
building permit for the Project ("Remaining Phase"). Developer
shall diligently pursue completion of construction of the Remaining
Phase with construction of the Remaining Phase to be completed no
later than one year from the date of commencement of construction
of said units. Commencement of construction shall mean that a first
inspection has been completed by the city on the first low income
housing unit Developer is obligated to build in a particular Phase.
c. Completion of construction. For purposes of paragraph
2 (a) and 2(b) of this Agreement, construction shall be considered
completed when final inspection of the low or moderate housing unit
has been completed and occupancy and utility clearances have been
signed off by the City.
d. Minor delays. The thresholds described herein for
commencing construction of low and moderate income housing units
are based upon the current phasing proposals for the Project as
shown on the Tentative Map. City and Developer acknowledge that
changes to the Project may be required from time to time which
could have a minor or insubstantial impact on the timing of
construction of the low or moderate income housing units.
Accordingly, changes to the Project that could result in a delay of
less than six months in the construction of such units may, in the
City's sole discretion, be considered minor or insubstantial by the
City's Community Development Director and made without amendment to
this Agreement. All other changes shall require a written
amendment to this Agreement.
3. Duty to identify. Developer shall construct the
affordable housing units at the site(s) as identified on Exhibit
"C".
4. Demand to Build. Notwithstanding the provisions of
paragraph 2 of this Agreement, if the City reasonably believes that
the Developer will not reach the building permit thresholds
described in paragraph 2 (which would trigger the construction of
the low income housing units) or not complete construction of the
moderate income housing units, the city shall have the right to
demand that Developer construct a proportional amount of low and/or
moderate income housing units relative to the total number of
residential building permits that have been issued for the Project.
3 --.,.
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The city shall provide the Developer with the written demand to
construct the units within a reasonable period of time for the
Developer to commence construction of said units. Developer shall
complete construction of the low and/or moderate income housing
units, as required by this paragraph, within one year of the
commencement of construction of the units so demanded. The duty
contained in this paragraph is non-cumulative to the duty in
paragraph 2 with the City providing the Developer with the
appropriate amount of credit for completed construction.
5. Right to withhold Permits. The City has the absolute and
unfettered right to withhold the issuance of any building permit
for any residential development within the Project if the Developer
is not in compliance with the terms and/or obligations of this
Agreement, excluding paragraph 6 of this Agreement.
6. Development Permits, Maps and Documents. Developer shall
at its sole expense, prepare and diligently process all permits,
agreements, plans, maps, Affordable Housing Program and other
documents, including but not limited to, market strategy plans,
design development plan, and any amendments to the Project's
General Development Plan and sectional Planning Area Plan that may
be necessary to meet the Developer's Obligation.
7. Release.
a. If Developer transfers any portion of the Project which is
subject to the burden of this Agreement, upon request by the
Developer or its assignee, the City will release the portion so
transferred of the burden of this Agreement as to such assigned
portion if such portion has either complied with the requirements
of this Agreement or if the Director of Community Development, in
the Director's sole discretion, determines that other land within
the Project will accommodate Developer's Duty to Build low income
housing units.
b. Upon the sale of any individual unit to a home buyer the
parties agree that such unit shall be released from the provisions
of this Agreement. Such release shall not limit or modify in any
way Developer's Duty to Build.
c. City further agrees to timely consider any request for
release by Developer pursuant to (a) above. Developer and City
agree to amend Exhibit C when any release is granted to identify
the affordable housing units which will be identified in place and
stead of those originally so identified.
d. In the event that a parcel is to be released pursuant to
the provisions of paragraphs (a) or (b) above, the parties agree to
execute and record such documentation as is reasonably required by
a reputable title insurance company to evidence such release. All
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costs related to any such release shall be paid by Developer or its
assignee; City shall have no responsibility for any such costs.
8. Subordination and Notice.
a. Subordination. Developer agrees to enter into
subordination agreements with all lienholders having any interest
in the Project to ensure that the provisions of this Agreement bind
such lienholders should they take title to all or part of the
property through quitclaim deed, sale, foreclosure or any other
means of transfer of property. Developer shall deliver "to the City
the fully executed subordination agreements in a form acceptable to
the city Attorney and suitable for recording on or before the
issuance of the first building permit for the Project.
b. Notice. Developer shall provide written notice of the
terms of this Agreement (which could be a copy of this Agreement)
to all purchasers and potential purchasers of real property within
the Project, excluding however, a buyer of an individual housing
unit.
9. Compliance. Developer agrees to comply with the "Program
for the provision of Affordable Housing wi thin salt Creek Ranch"
which is attached hereto as Exhibit C and incorporated herein by
this reference as though fully set forth. Should there be a
conflict between the terms of this Agreement and Exhibit C, the
terms of the Agreement shall prevail.
1.0. General Provisions.
a. Authority of Signatories. Each signatory and party hereto
hereby warrants and represents to the other party that it has legal
authority and capacity and direction from its principal to enter
into this Agreement, and that all resolutions and/or other actions
have been taken so as to enable it to enter into this Agreement.
b. Counterparts. This Agreement may be executed in any
number of counterparts, each of which will be deemed to be an
original, but all of which together will constitute one instrument.
c. Applicable Law. This Agreement will be construed and
enforced in accordance with the laws of the State of California.
d. Successors. All terms of this Agreement will be binding
upon and inure to the benefit of the parties and their respective
administrators or executors, successors and assigns.
e. Modifications. No modification, waiver or discharge of
this Agreement will be valid unless the same is in writing and
signed by the parties to this Agreement.
5"'"
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f. Entire Agreement. This Agreement contains the entire
agreement between the parties relating to the transaction
contemplated hereby and all prior or contemporaneous agreements,
understandings, representations and statements, oral or written,
are merged herein.
g. Attorney's fees and costs. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
h. Exhibits. All exhibits referred to in this Agreement are
attached, and are a part of, this Agreement.
i. captions. captions in this Agreement are inserted for
convenience of reference only and do not define, describe or limit
the scope or the intent of this Agreement.
j. Recording. The parties hereto shall cause this Agreement
to be recorded in the Official Records of the County of San Diego.
k. No Third party Beneficiary. No claim as a third-party
beneficiary under this Agreement by any person, corporation or any
other entity, shall be made or be valid against City or Developer.
1. Incorporation of Recitals. The recitals set forth herein
are part of this Agreement.
m. Assignment. The obligations of the Developer under this
Agreement shall not assigned in whole or apart, without the express
written consent of the City.
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SIGNATURE PAGE TO
AFFORDABLE HOUSING AGREEMENT
IN WITNESS WHEREOF, City and Developer have executed this
Agreement this day of , 199
-
PACIFIC BAY HOMES
CITY OF CHULA VISTA ,
By:
Shirley Horton
Mayor
Attest: By:
Name:
Title:
By:
Beverly Authelet Name:
City Clerk Title:
Approved as to form by
{~ ~ 5)71 c û-J 7.;Ž:; j~
c~ torney
as to form by
O'~
for Pacific Bay Homes
... ,
,'.
H: \.Ho.eIAttorneyIHousing2. FN
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EXHIBIT A
. .
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--~ C~ SAN MIGUEL
"' L..--..: ì : SALT CREEK RANCH
\ J ~PlANNED COMMUNIìY
\ , I ~I :::: :.:.:.::::::::::::i
\ J' '-1 r I..'.'. .:.:.:.:.:.:.......,~
\ï--" '--,.i , r:':M"""'l
\~ \,J. I 'OTAY t¡J¡¡J¡@1~Um .
~ BONITA MEADOWS ~ M~~.. ¡=::::::::::::::::::::::::::
--' '~.." :::::::::::::::::::::::t::::::::::::~iJ~i~i¡i¡¡¡iit¡@f
...- "\ <; ...--~~._~ iill..'..........,....m................,"W"""
: ~).... I ::i::::::::::~;;¡:¡*;::::::::::~~*~:~:~:::::::::::;~:~:~:i:.
\ \.... \-"-"-", ...,~::::::::::::~::::::::::::::N:::::::::I
: .:,:.:,:.:.:.:.:.:::.:::::::::::.::::::::::::::.:,:.:] '.':'
\ ;~~~ì: \. ;~~.i' \~:~1{i~~:~~:~~~~:~~i'PARK.. g~
- \..; ~ \ «.,ó<, ASTLA (E\ O\a
"X ~: \ SPA 1
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CoO'\.:' i ~Ò:
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il EASTLAKE GREENS
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{ ~ \ L~" \. ¿
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~ EASTLAKE OL YM IC 1
\ TRAILS ~G(, ~
OTAY RANCH ~ TRAIN!
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CHULA VISTA PLANNING DEPARTMENT
lOCATOR PROJECT Salt Creek Ranch PROJECT DESCRIPTION,
ø APPlICANT,
PROJECT East 'W Street /
ADDRESS, Proctor Valley Road '" /2ÚC¡
SCALE, I FIlE NUMBEI<
NORTH No Scale
h:\home\plonning\carlos\locotors\scr.cdr 3/26/97
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EXHIBIT "B"
SALT CREEK RANCH
LEGAL DESCRIPTION
PARCEL 1:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO HENRY G. FENTON,
RECORDED AUGUST 31, 1938 IN BOOK 810, PAGE 380 OF OFFICIAL RECORDS.
PARCEL 2:
THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED
APRIL 17, 1883.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SOUTHERN CALIFORNIA
MOUNTAIN WATER COMPANY, BY DEED DATED MAY 19, 1896 IN BOOK 253, PAGE
100 OF DEEDS, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT LOCATED NORTH 34°30' WEST 2,575 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 26, THENCE TRUE NORTH 67.20 FEET
(RECORD NORTH 67.00 FEET); THENCE TRUE WEST 300 FEET; THENCE TRUE
SOUTH 145.2 FEET; THENCE TRUE EAST 300 FEET; THENCE TRUE NORTH 78.2
FEET TO POINT OF COMMENCEMENT.
PARCEL 3:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THE EAST HALF OF THE
SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER,
ALL IN SECTION 27, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 17,1883.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN PARCEL MAP
NO. 15480, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 2, 1988 AS FILE NO. 88-619593 OF OFFICIAL RECORDS.
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PARCEL 4:
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE NORTH
HALF OF THE SOUTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 5:
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 6:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 7:
THE WEST THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 24, THE WEST THREE QUARTERS OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 8:
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE EAST QUARTER OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24.
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE EAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTH HALF OF
THE NORTHWEST QUARTER OF SECTION 25, ALL BEING IN TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED APRIL 17, 1883.
...
/;IC -/ /1
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PARCEL 9:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 17, 1883, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 25, DISTANT THEREON SbUTH 88°53'30"
EAST 1136.70 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH
41°48'30" EAST 1817 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE
OF SAID SECTION 25, SAID SOUTH LINE BEING ALSO THE NORTH BOUNDARY LINE
OF RANCHO JANAL; THENCE ALONG SAID BOUNDARY LINE SOUTH 88°49' EAST TO
THE EAST LINE OF SAID SOUTH HALF OF SOUTHWEST QUARTER OF SAID SECTION
25; THENCE ALONG SAID EAST LINE NORTH 0°12' EAST 1332.13 FEET TO A
FOUR - INCH CONCRETE FILLED PIPE SET IN STONE MOUND FOR NORTHEAST
CORNER OF SAID SOUTH HALF OF SOUTHWEST QUARTER, AND AS SHOWN ON RECORD
OF SURVEY MAP NO. 663 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF
OF SOUTHWEST QUARTER NORTH 88°53'30" WEST 1578.87 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE SOUTHERN
CALIFORNIA MOUNTAIN WATER COMPANY, RECORDED MAY 4, 1905 IN BOOK 363,
PAGE 154 OF DEEDS.
PARCEL 10:
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP
17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STÞ.TE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THERE'..F.
PARCEL 11:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 1£
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
....
/2C-/;J-
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PARCEL 13:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING NORTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 14:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING SOUTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 15:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED APRIL 17, IBB3, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT LOCATED NORTH 34°30' WEST 2,575 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 26, THENCE TRUE NORTH 67.20 FEET
(RECORD NORTH 67.00 FEET); THENCE TRUE WEST 300 FEET; THENCE TRUE
SOUTH 145.2 FEET; THENCE TRUE EAST 300 FEET; THENCE TRUE NORTH 7B.2
FEET TO POINT OF COMMENCEMENT.
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EXIllBIT C
PROGRAM FOR THE PROVISION OF
AFFORDABLE HOUSING
WITIllN SALT CREEK RANCH
Approved by the Chula Vista City Council
Resolution -
-, 1997
Prepared For:
The City of Chula Vista
j;¡C-J1
0651015712-0002/3014078.3 aO4/14/97 (SALT CREEK RANCH)
. - ~
TABLE OF CONTENTS
Page
I. INTRODUCTION........................................ 1
II. DEFINITIONS ..........,.............................. 2
ID. CITY OF CHULA VISTA INCLUSIONARY HOUSING NEEDS ........ 3
IV. SALT CREEK RANCH AFFORDABLE HOUSING PROGRAM ........ 3
A. LOW INCOME HOUSING .....................:...... 3
1. Requirements .. .. . . . . ....... ... .. . . .... . . . .... 3
2. SiteSelectionCriteria ..............,............. 4
3. Low Income Housing Sites. ........................ 4
4. Phasing..................................... 4
5. Implementation Schedule .......................... 5
B. MODERATE INCOME HOUSING ....................... 6
1. Moderate Income Housing Requirements. . . . . . . . . . . . . . . .. 6
2. Moderate Income Housing Sites ...................... 6
3. Phasing..................................... 7
4. Implementation Schedule .......................... 7
C. SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS. . . .. 7
D. COMPLIANCE REPORTING .......................... 8
1. Rental Units' Compliance Packet and Audit. . . . . . . . . . . . . .. 8
2. Home Ownership Units' Compliance Packet .............. 10
E. AFFIRMATIVE MARKETING PLAN. . . . . . . . . . . . . . . . . . . . . 11
F. DISCLOSURE OF PROPOSED STATE ROUTE 125. . . . . . . . . . . . 11
V. EXHIBITS
Exhibit 1 Low and Moderate Income Sites
Exhibit 2 Supplemental Rental Application
Exhibit 3 Semi-Annual Report
Exhibit 4 Homebuyer's Qualifying Form
Exhibit 5 Affirmative Marketing Plan
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065/015712-0002!3014û78.3 304/14/97 (SALT CREEK RANCH)
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I. INTRODUCTION
The City of Chula Vista ("City"), along with all other cities
in California, is required by state law to have a Housing
Element as a component of its General Plan. The Housing
Element describes the housing needs of the community and the
responses necessary to fulfill them.
The City of Chula Vista Housing Element of 1991 contains
numerous objectives, policies and related action programs to
accomplish these objectives. Key among the'se is the
affordable housing policy which requires that residential
development with fifty (50) or more dwelling units provide a
minimum of 10% of the total dwelling units for low and
moderate income households, one half of these units (5% of the
total project) being designated to low income' and the
remaining five percent to moderate income households.
In order to guarantee the provision of Affordable Housing
opportunities, the City requires that a specific Affordable
Housing Program ("AHP") and agreement be consistent with the
Housing Element of the Chula Vista General Plan and be
prepared and signed by the Developer. This Affordable Housing
Program is intended to delineate how, when and where the units
would be provided, intended subsidies, income rent
restrictions and methods to verify compliance.
The Salt Creek Ranch Affordable Housing Program is consistent
with the City's affordable housing policies and is expected to
be completed in two phases. The Initial Phase consists of a
total of 1,140 units with the provision of fifty seven (57)
low income and sixty six (66) moderate income housing units.
The Remaining Phase consists of a total of 1,476 units with
the provision of seventy four (74) low income and sixty five
(65) moderate income housing units will be provided,
All low income housing units (131) would be located at the
southwest end of the planned community within an area
identified in the Salt Creek Ranch Development Phasing Plan as
Neighborhood 4A, The moderate income housing would be located
within neighborhoods 3, 4B and 5 (see Exhibit 1),
Construction of fifty seven (57) low income and sixty six (66)
moderate income housing units in the Initial Phase is expected
to begin before the issuance of the 601st building permit. The
Remaining Phase is expected to start prior to the issuance of
the 1,701 building permit (see the section entitled
"Implementation Schedule" in this program).
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0651015712.ooov3O14078.3 804116197 (SALT CREEK RANCH)
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ll. DEFINITIONS
affirmative marketing plan - An outline that details actions
the Developer will take to provide information and otherwise
attract eligible persons in the housing market area to the
available housing without regard to race, sex, sexual
orientation, marital status, familiar status, color, religion,
national origin, ancestry, handicap, age, or any other
category which may be defined by law now or in the future.
affordable rental rate - The rent to be chargeà to a low
income household shall not exceed the Fair Market Rents
(FMR's) set by BUD on an annual basis based on the number of
bedrooms within the unit. It includes shelter rent and the
cost of utilities, except telephones. BUD sets the FMR's at
the 40th percentile distribution of standard quality rental
housing units. The 40th percentile rent is drawn from the
distribution of rents of units which are occupied by recent
movers (renter households who moved into their units within
the past 15 months). Usage of FMR's assures each household
pays equal proportionate share of rent. There are no minimum
rent requirements. The Fiscal Year 1997 FMR's are as follows:
Metropolitan
Statistical Area EFF 1-bd 2-bd 3-bd 4-bd
San Diego, CA $477 $545 $682 $947 $1,118
low income household A household of persons who claim
primary residency at the same unit with combined incomes that
do not exceed 80% of the area median income (adjusted
annually) based on household size. Household size is
calculated by the number of persons residing at the same unit
as their primary residency. For the purpose of calculating
income, HUD regulation 24CFR 813.106 provides the guidelines
to be used as presently set forth and amended from time to
time.
moderate income household - A household of persons who claim
primary residency at the same unit with combined incomes
between 80% to 120% of the area median income (adjusted
annually) based on household size. Household size is
calculated by the number of persons residing at the same unit
as their primary residency. For the purpose of calculating
income, BUD regulation 24CFR 813.106 provide the guidelines to
be used as presently set forth and amended from time to time.
Qualified Term - That length of time the rental unit must
remain affordable to low income households.
San Diego median income - The San Diego County:..area median
income level as determined from time to time by the Department
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065/015712.0002/3014078.3 aO4fl4/97 -2- /2C-/7 (SALT CREEK RANCH)
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of Housing and Urban Development, United States Government,
based on household size.
subsidized financing - Any financing provided by any public
agency specifically for the development and construction of
low and moderate income housing units.
m. CITY OF CHULA VISTA INCLUSIONARY HOUSING NEEDS
As the State Regional Needs Assessment indicates, housing for
large families is the single greatest need in our community.
A recent survey of Chula Vista showed that within a three mile
radius of Cordova in Rancho del Rey, (an affordable housing
development on the east side of Chula Vista) there are 1,334
market rate rentals of which 110 are three bedrooms and zero
are four bedrooms. Only 8.2% of the market rate rentals are
three bedrooms. Given that 14% of the households in Chula
Vista (according to the 1990 Census) are large families (of
five or more persons), and assuming the desire for equal
distribution of these families throughout the city, the
private market is not producing adequate housing for large
families (three or more bedroom units) on the east side. Thus,
should the City of Chula Vista choose to participate in
financing affordable housing to families of low income, the
City would prefer to invest in affordable developments with
large units.
Another City of Chula Vista objective through its housing
policy is to broaden the availability of housing types and
increase home ownership opportunities for low income
households. As the State Regional Needs Assessment indicates,
due to the high cost of buying a home in Southern California,
home ownership is rarely affordable to families with low
incomes. The 1990 Census data shows that among homeowners in
Chula Vista, the lower the household income the higher the
percentage of the respective household income goes to the
mortgage payments. Making home ownership affordable to
families with low income is the key to this objective. Should
the City of Chula Vista choose to participate in financing
affordable housing, the City would prefer to invest in home
ownership opportunities for families of low income.
IV. SALT CREEK RANCH AFFORDABLE HOUSING PROGRAM
A. LOW INCOME HOUSING
1. Requirements
The Salt Creek Ranch Project is required to provide a
minimum of 10% of the approved housing units (2616) as
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0651015712-000213014078.3 804/14197 (SALT CREEK RANCH)
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affordable housing, of which one-half shall be provided
as low income housing.'
Based on the total of 2,616 residential housing units
which are currently allowed to be constructed within Salt
Creek Ranch, a total of 262 low and moderate income
housing units are required to. be provided within the
project, of which 131 will be provided for low income and
131 moderate income households. '
2. Site Selection Criteria
The low income housing site was selected using the
following selection criteria which is prescribed in the
City of Chu1a Vista General Plan:
a. Such units are located near proposed public
transit facilities, including bus routes along
East "H" Street;
b. Such units are located within walking distance
of future retail, commercial and support
services along East "H" Street, public park
facilities and schools.
c. Every effort has been made to make targeted
sites for the low and moderate income housing
units compatible with adjacent residential
units (i .e., densities, design, etc.).
3. Low Income Housing Sites.
Neighborhood 4A has been selected as the site for low
income housing units within the Salt Creek Ranch project
(see Exhibit 1).
4. Phasing
The low income housing units would be completed in two
phases. The Initial Phase consists of fifty seven (57)
units and the Remaining Phase consists of seventy four
(74) units for a total of 131 units.
'This is a condition of approval for the Salt Creek Ranch Tentative Map and specifically Condition No.
113 of City Council Resnlution Nn. 16834.
'The nu_r of affordable units and low income housing units may be adjusted based upon the actual
nu_r of residential housing units which are construct'" in the Salt Creek Ranch project.
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065/015712-000213014078.3 304/14/97 (SALT CREEK RANCH)
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5. Implementation Schedule
LOW INCOME HOUSING INITIAL PHASE
TIMING ITEMS TO BE COMPLETED
Prior to approval of the fIrSt Firu!l Map. Identify low income housing site(s) and provide
proof of site(s) control for all phases.
Identify intended subsidies, incentives and
fmancing mechanisms for all phases.
Prior to issuance of the 10151 building Submit a marketing plan to the Community
permit Development Department for review and approval.
Prior to issuance of the 20151 building Submit a design development plan for the
permit. construction of 57 low income housing units.
Prior to issuance of the 50151 building Obtain Design Review Committee's (ORC)
permit. approval for the construction of 57 low income
housing units.
Prior to issuance of the 60151 building Obtain building permits for the construction of the
permit. Initial Phase (57 units).
Within internal distribution of building structUre,
identify specific location of 57 units.'
Prior to issuance of the 80151 building City's final inspection and utilities released for 57
permit or one year from the date of the low income housing units is obtained.
building permit issuance whichever
occurs firs!.
Total 57 units
3The location of the designated units may change over time tto be referred to as 'floating units.) as
long as the total number of affordable units remains constant and that substituted units are comparable in terms
of size. features, and the number of bedrooms, as detemined by the Director of the Co"",,unity Development
Department. .r-.
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065lOtS712-000213014û78.3 aO4lt4197 (SALT CREEK RANCH)
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LOW INCOME HOUSING REMAINING PHASE
TIMING ITEMS TO BE COMPLETED
Prior to approval of the first final map Confirm location of low income housing site and
in development remaining phase proof of site control for phase 2 and 3
Confirm mtended subsidies, incentives and
financing mechanisms for phase 2 and 3.
Prior to issuance of the 1,20181 building Submit a marketing plan to the ~tIIIIlunity
permit Development Depanment for review and approval.
Prior to issuance of the 1,30181 building Submit a design development plan for the
permit. construction of all 74 low income housing units.
Prior to issuance of the 1,40181 building Obtain DRC approval for the construction of low
permit. income housing units.
Prior to issuance of the 1,70181 building Obtain building permits for the construction of 74
permit. low income housing units.
Prior to issuance of the 1,801 building City's final inspection and utilities release for 74
permit or one year from the date of the low income housing units is obtained.
building permit issuance whichever
occurs first.
Total 74 units
B. MODERATE INCOME HOUSING
1. Moderate Income Housing Requirements
Salt Creek Ranch currently includes 2,616 housing units
of which five percent (5%), or one hundred thirty-one
(131), must be moderate income housing units. 4 These
moderate income housing units shall consist of for-sale
housing and be located in Neighborhoods 3, 4B, and 5 (see
Exhibit 1).
2. Moderate Income Housing Sites
Neighborhoods 3, 4B and 5 have been selected as the sites
for moderate income housing units within the Salt Creek
Ranch project. The location of Neighborhoods 3, 4B and 5
are shown on Exhibit 1.
4The number of moderate income units may also be adjusted based on the actual number of housing units
constructed within the Salt Creek Ranch project .....
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065/015712-000213014(J78.3 ,()4/14/97 (SALT CREEK RANCH)
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3. Phasing
The moderate income housing would be completed in two
phases. The Initial phase consists of 66 units and the
Remaining Phase consists of 65 units.
4. Implementation Schedule
MODERATE INCOME HOUSING INITlAL PHASE
Prior to issu.ance of the 619th Obtain building permits and start construction for 33
building permit moderate income housing units
Prior to issuance of the 801st Obtain building permit and start construction of 33
building permit moderate income housing units.
Total 66 units
MODERATE INCOME HOUSING REMAINING PHASE
Prior to issuance of the BOlst Obtain building permit for the construction of 32 moderate
building permit income housing units.
Prior to issuance of the 1801st Obtain building permit and start construction of 33
building permit moderate income housing units
Total 65 units
C. SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS.
In the event Developer obtains subsidized financing, the
Qualified Term shall be dictated by the selected funding
source. If the selected funding has no qualified term, it
shall be fifty-five (55) years. In the event that no
subsidized financing is obtained, the Qualified Term shall be
twenty (20) years from the date of the completion of the final
inspection for each structure.
Below is a list of some of the potential funding mechanisms
that the Developer may use for affordable housing.
Low Income Housing Tax Credits (LIHTC)-Statewide
Competition
Housing Bonds - State
Density Bonus - City
Mortgage Credit Certificates - City
Local Initiative Support Corporation (LISC)-Source for
Nonprofit Only
Redevelopment Low and Moderate Income Fund ~ City
HOME - City, County, and State
Other Public Financing -^State and Federal
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06S/01S712.()()()2/30l4078.3 aO4/14/97 (SALT CREEK RANCH)
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City agrees to the extent it deems reasonable to use good
faith and reasonable best efforts to assist Developer in
obtaining the benefit of certain financing and other
mechanisms which will reduce the cost of providing affordable
housing in Salt Creek Ranch, some of which require approvals
from, or allocations by, state agencies, including, but not
limited to, local, state and federal subsidies and City
bonuses, planning, and design and development techniques and
standards which reduce the cost of providing affordable
housing (collectively, the "Cost Reducing Mechanisms"). The
parties acknowledge that City is unable to guarantee the
availability of any Cost Reducing Mechanisms to Developer for
Salt Creek Ranch.
D. COMPLIANCE REPORTING
All Compliance Reports shall be submitted to the City of Chula
Vista Community Development Department and an independent
trustee hired by the Developer to monitor the Developer's
compliance. The funding sources used will dictate and
supersede the terms described in l.a. and b. The terms below
only apply if funding sources do not otherwise specify such
affordability requirements.
1. Rental Units' Compliance Packet and Audit
a. Should a Developer seek approval by the City
to credit a tenant toward its low income
housing obligation, the Developer must give
the City, at a minimum, a compliance packet
including the following:
8 Supplemental Rental Application - Exhibit 2
8 Semi-Annual Report - Exhibit 3-A, 3-B, 3-C
8 Authorization to Release Information by
Purchaser
8 Acknowledgement that the Information is for
City's Reporting and Administration Use Only
Developer shall not be required to perform any
extraordinary investigation or verification
regarding such information other than
Developer's usual and customary means of
income verification. Developer shall retain
the Supplemental Rental Application and any
supporting documents for a period of at least
two (2) years after the applicant ceases to
occupy a low income housing unit.
b. A household occupying a designated low income
unit whose annual income increaseq subsequent
to occupying said unit (referred .to as "over
income household") and thus exceeds the 80~ of
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0651015712-000213014()78.3 304114197 (SALT CREEK RANCH)
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area median income, need not vacate the
apartment. However, at the Developer's
discretion, this over income household's
monthly rent (including utilities) may be
increased to the market rate. Regardless of a
rent increase, the Developer can no longer
credit this over income household toward its
5% low income requirèment and is obligated to
replace this unit by renting the next
comparable unit to a low income household as
per the paragraph below. Thus, the Developer
shall ensure appropriate language is included
in the lease requiring tenant to provide
income information biannually and acknowledge
that should its income increase, the household
may be subject to a higher rent. Adjusted
monthly incomes can be calculated using rules
according to the BUD Handbook 4350.3 Occupancy
Requirements for BUD Subsidized Multifamily
Housing.
The location of the designated units may
change over time (to be referred to as
"floating units") as long as the total number
of affordable units remains constant and that
substituted units are comparable in terms of
size, features, and the number of bedrooms, as
determined by the Director of the Community
Development Department. If the over lncome
household does not vacate the unit, the
Developer must assure that when the next
comparable apartment becomes vacant, the newly
available unit must be rented to a low income
household, as a floating unit, to replace the
previously designated unit no longer housing a
low income household. If the over income
household chooses to leave, the vacated unit
retains its low income unit designation.
If a residential apartment complex is
designated as 100% low income, the over income
household will not be required to vacate, if
it pays the increased rent, and the unit will
not be replaced with a "floating unit." When
the over income household vacates the unit,
the unit retains its low income unit
designation.
c. If the City determines that an outside audit
is necessary to verify the accuracy of the
submitted rent roll, then on a basis no more
frequently than once a year, it' -may require
such an audit at the expense of Developer. In
such event, within ten (10) days after
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065/015712-0002l3O14078.3 aO4Il4/97 (SALT CREEK RANCH)
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delivery of the City's written request for
such outside audit, Developer shall deliver to
the City the names of three (3) certified
public accountants doing business in the
Metropolitan San Diego area. City will
promptly deliver to Developer notice of
approval by the City, of one or more of said
names.
The audit shall be completed by an approved
certified public accountant, at Developer's
sole cost and expense, within sixty (60) days
after the delivery to Developer of City's
approval. The certified public accountant
shall promptly deliver a copy of the written
audit to the City. Such audit shall be an
audit of Developer's records, including the
information supplied to Developer by the low
income tenants. The auditor shall not be
required to verify the accuracy of the
information provided by the low income
tenants.
2. Home Ownership Units' Compliance Packet
Should Developer seek approval by the City to
credit a home purchase toward its low and/or
moderate income housing obligation, the Developer
must give the City at a minimum a compliance packet
including the following:
8 Copy of Settlement Sheet
8 Homebuyer's Qualifying Form - Exhibit 4
8 Authorization to Release Information by Purchaser
8 Acknowledgement that the Information is for
City's Reporting and Administration Use Only
Developer shall not be required to perform any
extraordinary investigation or verification
regarding such information other than Developer's
usual and customary means of income verification.
Developer may contact the City's Community
Development Housing Division's Housing Coordinator
to confirm the City's acceptance of the applicant
as credit toward Developer's low and/or moderate
income housing unit obligation. Developer may
contact the City prior to the sale of the unit for
consultation purposes if desired; however, approval
will be given in writing only after required
documents are reviewed and accepted bY',the City.
....,
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E. AFFIRMATIVE MARKETING PLAN
Developer shall provide a marketing plan acceptable to the
City, in the City's reasonable discretion, for proactively
marketing the low and moderate income housing units to low and
moderate income tenants and purchasers respectively at the
time specified in the Implementation ' Schedules in Sections AS
and B4 above. Developer shall use good faith and reasonable
best efforts to market the low and moderate income housing
units to low and moderate income tenants and .purchasers
according to the affirmative marketing plan. See' Exhibit 5,
attached hereto, which sets forth the plan requirements.
The City will in its discretion use good faith and reasonable
best efforts to assist Developer in marketing low and moderate
income housing units to low and moderate income tenants and
purchasers, obtaining the services of a third-party
organization in connection with such marketing efforts,
processing the applications of prospective tenants and
purchasers of low and moderate income housing units, and
complying with the reporting requirements as required herein.
F. DISCLOSURE OF PROPOSED STATE ROUTE 125.
Developer shall provide appropriate disclosure information
relating to proposed State Route 125 to all prospective low
and moderate income applicants. Prior to the marketing of the
units, the form of the disclosure shall be submitted to the
City for review and approval.
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065/015712-000213014078.3 .04/14/97 L T CREEK RANCH)
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EXHffiIT 1
LOW AND MODERATE INCOME SITES
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065/015712-000213014078.3 004114197 Exhibit 1 - Page 1 of 1 (SALT CREEK RANCH)
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EXHIBIT 1
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EXHffiIT 2
SUPPLEMENTAL RENTAL APPLICATION
The rental unit for which you are applying has received
governmental assistance under programs to encourage more affordable
housing. As a result, the unit carries a rent level restriction
and is restricted to occupancy by low and moderate income
households.
The information required em this form is necessary to determine
your income eligibility to occupy the unit. You must report all
household income. Information provided will be confidential and
not subject to public disclosure pursuant to State Government Code
Section 6254 (n).
6.15.1 Rental Unit Address
6.15.2 Applicant Name
6.15.3 Other Household Members
6.15.4 Total Current Annual Household Income from all Sources
Including Asset:
TOTAL $
Detail:
Household Member Income Source
6.15.5 Total Gross Annual Househòld Income shown on most recent
Federal Tax Return from Previous Calendar Year (Attach
copies of most recent Federal Tax returns from previous
calendar year for all household members receiving income.
Include other verification of income not appearing on tax
forms.)
$
6.15.6 Monthly Rental Rate $
6.15.7 Number of Bedrooms .;.,
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065/015712-000213014078.3 804/14/97 Exhibit 2 - Page 1 of 2 (SALT CREEK RANCH)
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EXHffirr 2
APPLICANT'S STATEMENT
I certify under penalty of perjury that the foregoing information
is true and correct to the best of my knowledge. I understand that
any misrepresentation of the information contained herein may be
cause for eviction.
Signature Date
OWNER'S STATEMENT
Based on the foregoing information, I certify under penalty of
perjury that the applicant is eligible to occupy this restricted
low and moderate income housing unit. Eligibility is based on
finding that the applicant's household's current annual income is
$ and does not exceed current maximum household income
of $ allowed under the terms of a Development
Agreement with the City of Chula Vista regarding this residential
rental development.
Name:
Title:
Signature: Date:
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EXHIBIT 3-A
SEMI-ANNUAL REPORT
OWNER'S CERTIFICATION
I am the owner or owner's representative for an affordable housing development in the City
of Chula Vista, which is bound by a Housing Agreement with the City.
I certify under penalty or perjury that the attached rent roll for affordable units at my project
is true and correct to the best of my knowledge and complies with the terms and conditions
stipulated in the Affordable Housing Agreement, or any agreement that implements the same,
with the City of Chula Vista.
Name
Title
Signature Date
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EXHffiIT 3-B
SEMI-ANNUAL REPORT
PROJECT NAME
PROJECT ADDRESS
NAME OF PERSON COMPLETING FORM
PHONE NUMBER
TOTAL SÉNIOR
MONTHLY PROJECfS -
BDRM MONTHLY NAME OF NUMBER OF HOUSEHOLD ONE OCCUPANT
SIZE RENT HOUSEHOLD OCCUPANTS INCOME IS 60 YEARS+
(xerox form "".needed) / ;2C- 3' ;:¿
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EXHffiIT 3-C
SEMI-ANNUAL REPORT
January 17, 1997
TO: Interested Parties
FROM: Sheri Schott, Community Development Specialist
SUBJECT: 1997 Household Income Figures for San Diego County
Median income figures for San Diego County published by the Department of Housing and
Community Development are updated yearly. The figures effective December 27, 1996 are
as follows:
Household Median Annual Monthly Annual Monthly
Size Income Lower Lower Moderate Moderate
Income Income Income Income
(80% of (120% of
Median) Median)
I $34.020 $27.200 $2,267 $40,824 $3,402
2 $38.880 531.100 $2,592 $46,656 $3,888
3 $43,740 $35.000 $2,917 $52,488 $4,374
4 $48,600 $38.900 $3,242 $58,320 $4,860
5 $52,488 $42.000 $3,500 $62,986 $5,249
6 $56.376 $45-100 $3,758 $67,651 $5,638
7 $60.264 $-\8.200 $4.017 $72,317 $6,026
8 $64.152 551.300 $4.275 $76,982 $6,415
Section 8 Fair Market Rent (FMR) figures apply to some housing developments in Chula
Vista. The maximum monthly rents based on FMR effective September 26, 1996 are as
follows:
FMR
STUDIO $477
ONE BEDROOM $545
TWO BEDROOMS $682
THREE BEDROOMS $947
If you have any questions, please feel free to ca~me at 691-5263.
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EXHIBIT 4
SALT CREEK RANCH
HOMEBUYER's
QUALIFYING FORM
Buyer's Name
Cu=ent Address
Tract
Lot #
Lot Address
Purchase Price'
Monthly PITI Payment
% of Income
# Bedroom
Household Size
Year of Purchase
Median San Diego
Household Income
% of Median
Current Income
Signature Authorizing
Release to City
Sales Representative
Submitted to City on
NOTE: This information is for the City's Reporting and Administrative Use
Only.
"The sale price of any unit being sold in partial satisfaction of Developer's obligation to provide low
income housing shall not exceed three times the househol"'" annual income as required by and as may be revised
rrom time to time by the San Diego Associaticn of Governments (SANDAG). 1 / ;2 C - 3(siCREEK RANCH)
0651015712-0002/3014078.3 aO4/14/97 Exhibit 4 - Page 1 of
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EXHffiIT 5
City of Chula Vista Equal Housing Opportunity Requirements
For The LowlModerate Income Housinl! Affirmative Marketinl! Plan
Every Developer complying with the City of Chula Vistá's Housing Element's "Affordable
Housing Plan" shall submit to the City an Affirmative Marketing Plan, for City Review and
Approval, which details actions the Developer will take to provide information and otherwise
attract eligible persons in the housing market area to the available housing without regard to
race, sex, sexual orientation, marital status, familiar status, color, religion, national origin,
ancestry, or handicap, age or any other category which may be defmed by law now or in the
future.
I. The City of Chula Vista Affirmative Marketing Requirements are as follows. Please
note, however, the Plan is not limited to these Requirements.
(i) Detail methods for informing the public, buyers and potential tenants
about Federal fair housing laws and the City of Chula Vista's affirmative
marketing policy;
(ii) Publicize to minority persons the availability of housing opportunities
through the type of media customarily utilized by the applicant, including
minority outlets which are available in the housing market area;
(iii) Identify by language and by number any significant number of persons
in a community within the housing market area who have limited fluency
in the English language:
(iv) Where there is a signij]c~nt number of persons in a community within
the housing market area who have limited fluency in the Eng1ish
language. the Plan shall:
(a) Identify the media most 1ikely to reach such persons,
(b) Advertise for the housing development in the native
language of such persons, in addition to the English
language, and
(c) Describe the provisions which the housing sponsor will
make for handling inquiries by and negotiations with such
persons for the rental or sale of units in the development.
(v) Detail procedures to be used by the Developer and/or property manager
to inform and so1icit applications from persons in the housing market
area who are not likely to apply for the housing without special outreach
(e.g., use of communi tv org:lI1izatillns, /2. C -;SS-
065/015712-000213014078.3 aO41l4197 Exhibit 5 - Page 1 of 2 (SALT CREEK RANCH)
.- ~
EXHIBIT 5
places of worship, employment centers, fair housing groups, or
housing counseling agencies).
II. Records must be kept describing actions taken by the Developer and/or property
managers to affirmatively market units and records to assess the results of these actions;
(i) The records shall include a copy or transcript of the advertisement copy,
the identity of the media in which it was disseminated, and the date(s)
of each appearance. The housing sponsor shall also keep a record of the
dates and places of any meetings or communications between the housing
sponsor and any individual or group referred to the housing sponsor by
the agency or organizations, representing any of the groups wìthin the
community acting on behalf of any classification of minority persons
described above. Such records shall be retained for a period of five
years;
(ii) A description of how the Developer and/or property managers will
annually assess the success of affirmative marketing actions and what
corrective actions will be taken where affirmative marketing requirements
are not met; and
(iii) The Developer/property manager shall furnish all information and reports
required hereunder and will permit access to its books, records and
accounts by the City of Chula Vista, HUD or its agent, or other
authorized Federal and State officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated
herein.
III. The City of Chula Vista may hom time to time review the Plan and the Developer's
and property manager's activities pursuant to the Plan and may require amendments to
the Plan if it does not fully comply "ith the requirements of this section.
IV. An affirmative marketing program shall be in effect for the duration of the Qualified
Term defined in the Affordable Housing Agreement.
V. If a source of funding used in a low/moderate income housing development, such as
federal or state funds, has affirmative marketing requirements more restrictive than the
City of Chula Vista's affirmative marketing requirements, then the more restrictive
applies.
^. /2C~.Jt
O6S1Q1S712-0002/JOI4078.3 ,{)41l4/97 Exhibit 5 - Page 2 of 2 (SALT CREEK RANCH)
.- -
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o£- ATTACHMENT 1
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT Salt Creek Ranch PROJECT DESCRII'I1ON:
C) APPlICANT:
PROJECT East 'H' Street /
ADDRESS: Proctor Valley Road
SCALE: I FILE NUMBER: -', 1-/
NORTH No Scale
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YOII:ae rcquiza! rø file" StaI=aI: of Dis:Jø5Im: of...,..¡g onIIDcnbip or fjJWICial ÌIIœr<:5U. pII)'IDCIIIS. or c:ampaigII comriburiollli,
011 :011 maøas wbidl1riIl ~ ~ aaiOl1 "" tile pan gf 1bo: Oty CDUDcil. PlæmÎIIg CammìsIiaa.. m4 all aCbr:I" Dffiåal
badiI:s. 'Ibe foIIø8riJ>g ~ - be cIûdDsI:d:
1. Lùt Ibo: - of all pamøs baviøg ,,1iI:œdaI inIaœ ia.1bo: ¡m>peny wIW:II. is œ IIIIbj= of Itu:: appliatiw Dr dI.<: Colll<õa.
e.g., -=:r. oppIiczet. CømncIIcø'. ~. \IIIICña1 suppli~.
Pacific Bay Homes, a Ca1ifDrnia
Corporation
2. If -.y pasoa- üZDrifiod panu;aIIlD (1) a1xm: is a c:orpoca:iøa. or ~. ~ tbr;...... of all mllividuals DWIIÏDg -
1baa lOt; of - sban:8 ia tile ~ or ......mg my ~ ÍDICIB't ÍII till: ¡raztø:nbip.
N/A
3. If my p:naø- ido:DZi1hd poznuom rø (1) abøge is lJDI .-plDfit cnpIIizaᜠIX a ttØS<. ¡¡. œ IIIUIIoC> of JID!!I pcz3DD. ......q os
c6rcaI:Ir of 1iM: -prafit u~ or .. - or bcJI:fiá2Iy Dr .....,.,.. of the =
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4- ~ yOU Ira! mar.: 1baa SZSO .oarIII of ~ ~ with my ~ of tbr; City smff, Bc8dI. ('n""";";-.
CømmiJD:I:s. IIId CouIIci1 willdu.1be past toreIYe mœtb1 Yes - ~o ~ If yes, plc8c: ~ po:nao{s);
S. PIø8c: idaøify ao:h aød ~ ¡ama. iø:iødiIIg my 19Ø5. =¡>!or-. ........w:a.m, or iIIII"P"""- CoIllraClOlS who you
ba~ 8GÌgJII:d to IeprcseIIJ you bdDR: !be City ill Ibis nmIc'.
Hunsaker & Associa~es San Diego, Inc.
Lunds~rom & Associa~es
6. a..- 'Ja.I. adlar JVIIr offices or IICCIIU, ÎII. - oggn:ptc. ~ - dim $1.000 rø a CoaDcil UJCmbc:r in tile c:ua;om
ar ¡mødiDg dcaiaJ> pc:riød7 Yes - No..!.. If yes. =-.midI. ÛIIIŒÙ ~5);
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ATTACHMENT 4
PCS-92-02, TmlTATrVB HAP FOR SALT C>UŒJ: RANCH, CHtJLA VISTA TRACT 92-", """ BALDWnI
COMPANY - Tha <en<ativa subdivision ~P kno~ as Sal< Crask ?.nch, Trac< 92-
02, <0 subdivide U97.4
acras in<o residen<ial lo<s acco~odating approxi~<ely 2,100 single family dwelling uni<s and 509 =ltipla
family dwelling uni<s, <wo elamen<ary school si<os, <wo park si<es, a fire scuion si<e and approxi~<oly 432
acres of open space. «aif reco~ands approval of <he raso:"<ion. (Dirac<or of Planning) )l0/06/92)
RESOLUTION HB34 RECERTfFYING FINAL SUPPLEMENTAL ENVIRON>O:NTAL IMPACT REPORT
(FSEIR) 91-03 (SCH #"092721), APPROVING T'ñE TENTATIVE St1aD:VISION MAP FOR SALT CREEK
"-"'CH, CHIJLA VISTA TRACT 92-02 AND MAKING THE NECESSARY FIm"NGS, AND READOPTING THE
STATEMENT OF OVERRmING CONSIDERATmNS AND THE MITfGATmN M"",TORING FROGAAM FOR
THE FSEIR
Paul Manganelli, Projec< Managar, prasan<od a slide prasan<a<ion regarding <he si<e and projec<. Tha
Planning Co~ission raco~ended approval of <he projac< subjeo< <0 <he condi<ions in <he resolution. «aff
had <wo propo"d changes in <he conditions included in <he resolution. Sraff would reco~end, 11
condi<ion #71 ba amended <0 dalsoe <he Greenbel< and add eques«ian crossing and dala<o <he mini=m
dimension and add "include s<aging areas', 2) add Condi<ion 120A which w=ld pr=ide pa=an< Ci<y
bench marks tied <0 <he Ci<y sys<em ... ., and 31 add Condi<ion 120B which would require <hu <he applican<
provide <he Ci<y wi<h a copy of <he disclosure <0 homeownara of cos<s assooia<od wi<h Mello-
Roos,
Assessmen<s, and Opan Space Dis<ricu prior <0 appr=al of aach final ~p.
Rober< Lei<er, Dirac<or of Planning, addressed conditions in <he <en<ative map per<aining <0 <raffic capacities
ragarding <he projec< and o<her approved projec<s aas< of I-BO5.
Mr. Manganelli s<uad <ha< Council was being asked <0 recar<ffy <he supplsmen<al EIR and <here was an i<om
in <he EIR <ha< s<a<ed <ha< <he level of service C was <he rsco~ended lovel or service in Chula Vis<a and
i< was no< accura<e. Tha level of Sarvica C was <he adop<ed <hreshold s<andard for <he Ci<y.
Mr. Lei<or s<a<ed <ha< <he basic conca= was <ha< in looking a< <he projec<s <ha< had already received
<en<ative ~p approval eas< of I-SO5 and considering <he Sal< Creek Ranch Ten<ative ~p along wi<h o<her
projec<s being reviewed by <he Ci<y, <here was a po<ential <:..< <he overall capaci<y of <he roadway sys<em
prior <0 <he cons<rucbon of S.,25 could be exceeded. In response <0 <ha< po<en<ial conca= <he Council had
previously au<horized a s<udy <0 design a financing program 'or an in<erim SR125 facili<y and <0 address
<he phasing of developmen< prior <0 cons<ruc<ion of <he fac"i<y. rn order for <ha< condi,ion <0 be applied
s<aff reco~ended <ha< a condi<ion be placed on all projec<s <ha< would ba af!ec<ed by <he s<udy, which
would say <ha< <he resul<s of <ha< s<udy would be <aken in acooun< in se<:ing <he ac<ual phasing of <he
developmen< of <he projac<. S<aff expec<ed <he HNTB s<udy <0 be comple<ed wi<h <he nex< <hraa <0 four
=n<hs.
Councilman Moore fel< =s< of <he 'info~<ion was available and <he s<udy should be able <0 be comple<ed
wi<h undue delays. People were being kep< in limbo wai<ing for <he complebon of <he s<udy. I< was one
<hing <0 delay a proj ec< for good logical reasons bu< he could no< see why a s<udy of <ha< <ype was being
drug ou< so long, He «qu,,<ed a copy of <he work done, a copy of <he con<rac<, <asks, and charges per
hour.
George Krempl, Depu<y Ci<y Manager, responded <ha< s<aff would give Council a full repor< on wha< had
been done <0 da<e. The projec< was sbll wi<hin <he original scopa of services and <he complebon of <he
projec< would be axpedi<ed. A good par< of <he delay was <he alig=en< chosen and <he associa<ed cos<s
which were grea<er 'han <he deb< <ha< could ba spread a=ngs< <he proparbes affec<ed and <he areas
benefibng, S<aff was now working on al<ernabves which <hey fel< would be a win/win siwabon. The 'hrus<
was <0 pu< <he Ci<y in a posibon where <hey could con<rol <hair own desbny, Le. fund, fi~ce, and cons<ruc<
an in<erim roadway if for some reason <he <all road and/or freeway could no< be cons<ruc<ed <0 mee< <he
Ci<y's needs.
Mayor Nader referred <0 <he «par< which sra<ed <ha< significan< grading was required in <he <on<abve map
versus <he SPA plan because of a requiremen< <0 reduce <he heigh< of manufac<ured slopes ~d quasboned
If - (
why that w.. being done.
Mr. Manganelli responded that ~" grading would not be do"s where there were open spac",. In loweri,.
the ~nufaCtured dopes it would give a becosr visual impacc.
Ken Lee, Assisant Planning Director, stated it was the d"'erence between the PAD elevations between twO
different are.. where there was a ~nufactUred slope that creed result in a different PAD elevation. The
con"=Ction of the homes in that area would do a lot to screen off the slope areas along with landscaping
so there wouldn't be such a disparity between the slopes and ?AD areas.
Council~n Moore "ated the developer would be consc=cting c:" streeto in phases and questioned whether
the City was bonded so the ~jor arteries would be built, i.e. Proctor valley, Hunt Parkway, etc.
Mr. Lee responded it was not unusual to have a phased develc?"nt in such a large project. The bonding
would be with the recordation with the various final ~ps. ":1 public improvemento would be bonded with
the final ~ps.
This being the time and place as advertised, the public heari',g w.. deelared open.
Claudia Troisi, 11975 El Camino Real, San Diego, representing FN Projects, spoke on behalf of the staff
reco~endation and gave a slide presentation of the proposed project.
Mayor Nader questioned why the amount of grading was being i",eased to reduce manufaCtured slopes.
Ms. Troisi statod there were two answer" 1) the total amo~cc of grading that was increased was actually
because of the detention basins being built to detain the waoer from the canyon, and 2J regarding the
~nufactured slopes, the intent was that people would not feel that they were overshadowed by slopes that
could have been 45-SO feet high. In order to do that, the enoire sight had to be brought down which
resulted in more grading.
Mayor Nader questioned whether the developer had any problem with the deletion of the pedestrian
crossing.
Ms. Troisi stated that condition that w.. presented to her ac che meeting w", acceptable.
Mr. Leiter staced it would be the amended condition on the :C/6/" memo.
Michael McDade, 945 4th Avenue, San Diego. CA, representing w~. . Mrs. Waddie Deddeh, spoke again"
the staff reco~endation. He had previously expressed concsro chat the northern properties were in danger
of being landlocked. They had worked with staff and Baldwin to consider various options and had not been
able to reach a definitive solution to .the problem. Since t.'ey did not have certainty that access would be
pe=itted they had persisted on a prescriptive rights suit again" the Baldwin Company that would be going
to trial in January. If they were successful in their pur=" neighborhood twelve would be substantially
dislocated. Their request was to have Co~'cil delay approval of the tentative ~p until that ~tter was
resolved in January. If Co=cil did not delay action they encouraged Council to approve Condition no 0'
the tentative ~p. They would like to see conditions attached so that no one would be confused or would
feel that they were mislead that access would not occur.
Mayor Nader sta~ed that Condition no did require notification to future property owners and asked if the
condition was acceptable.
Mr. McDade stated that if it had been revised since it was Condition no he had not seen it.
Mr. Leiter stated that the condition had not been revised buc had been renumbered.
Mr. Lee stated there were two condition" 11 Condition no betame Condition 22 which related to access,
and 21 Condition n, became CondiÜon 109 w", unchanged and ,-,eluded notification.
Mr. McDade stared he w", unaware of the additional language a.cd felt it w.. =re helpful.
1-(-2-
There being no further public te,timony, the public hearing we, declared c10,"d.
Mr. Leiter ,cated the overall grading concept w"' intended to focu, in 00 pr..e~ing rhe exi«ing narural
dop.. where ever po",ible. The only area being changed, in terms of natural are"" would be the detention
basins in neighborhood three. The overall grading plan had not substantially changed from the SPA Plan
to the Tentative Map. The intent was to maximize the visual quality of the area without disturbing new
natural area,.
Mayor Nader stated that he planned on voting for the resolurion but did not feel that condition was
necenary.
USOLOTION !..!ill OFFERED BY COUNCILWOMAN HORTON, reading of the text was waived.
Mr. Lee uked if the motion included the modified condition, presenred to Co=ci1.
Councilwoman Horton responded that the motion did include the modified coodioion,.
VOTE ON MOTION, .ppr~.d 4-0-1 with Malcolm ah.~t,
ORAL C<JMMDNJ:CATIOMS
"-f -3
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ATTACHMENT 5
Recording Requested by: )
)
CITY CLERK )
) t>R~f1
When Recorded, Mail to: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
------------------------------------------------------------------
AFFORDABLE HOUSING AGREEMENT
This Affordable Housing Agreement ("Agreement") is made as of
, 1997, by and between the Pacific Bay Homes (formerly
known as FN Development Company, Alpha), a California corporation
("Developer"), and the City of Chula vista, a California municipal
corporation ("city"), with reference to the following.facts:
A. The City of Chula vista Housing Element established the
City's "Affordable Housing Policy" which requires 10% of each
housing development of 50 or more units to be affordable to low and
moderate income households, with at least one half of those units
(5% of project total units) being designated for low income
households. (The Chula vista Housing Element of the General Plan,
Page III-4.)
B. Developer owns 1,200 acres of that certain real property,
as shown on Exhibit "A", and located in the portion of the city of
Chula vista (referred to herein as "proj ect"). The proj ect is more
particularly described in Exhibit "B" (Legal Description) which is
attached hereto and incorporated herein by this reference.
C. On September 25, 1990, the city approved a General
Development Plan for the Project, by Resolution Number 15875, which
required compliance with the City's Housing Element of the General
Plan.
D. On March 22, 1992, the City approved the Salt Creek Ranch
sectional Planning Area Plan for the Project by Resolution Number
16555.
E. On October 6, 1992, the city approved a Master Tentative
Map for the Project by Resolution Number 16834 ("Project Tentative
Map"). Condition number 113 of the Project's Tentative Map
requires that Developer enter into an affordable housing agreement.
..,S-(
NOW THEREFORE, in consideration of the mutual promises
described herein, the parties agree as follows:
1. Definitions. Unless otherwise indicated, for purposes of
this Agreement, the following terms shall mean:
a. "low income housing" means housing for a household of
persons who claim primary residency at the same unit with combined
incomes that do not exceed 80% of the area median income (adjusted
annually) based on household size. Household size is calculated by
the number of persons residing at the same unit as their primary
residency. HUD regulation 24CFR 813.106, as may be amended from
time to time, shall be used to calculate income.
b. "moderate income housing" means housing for a household
of persons who claim primary residency at the same llnit with
combined incomes between 80% and 120% of the area median income
(adjusted annually) based on household size. Household size is
calculated by the number of persons residing at the same unit as
their primary residency. HUD regulation 24CFR 813.106, as may be
amended from time to time, shall be used to calculate income.
The range of income levels described in the above defined
terms may change from time to time in accordance with changes to
state and federal laws.
c. "Developer's Obligation" means that the Developer is
obligated to provide 10% of the total number of residential units
constructed within the Project as low and moderate income housing,
with at least 5% consisting of low income housing units.
2. Duty to Build. Developer shall construct or cause to be
constructed the total number of low and moderate income housing
units required by the Project in accordance with the following:
a. Moderate income housing units. In order to satisfy
Developer's Obligation with regard to moderate income housing,
Developer agrees to construct five percent of the total number of
the Project's residential units as moderate income housing units.
Developer shall complete construction of all of the
project's moderate income housing units in accordance with the
construction schedule set forth in the attached Salt Creek Ranch
Affordable Housing Program, Exhibit C hereto.
Developer shall provide the City a biannual report
documenting the progress Developer has made toward meeting
Developer's Obligation for moderate income housing.
b. Low income housing units. In order to satisfy Developer's
Obligation with regard to low income housing, Develop~r agrees to
construct low income housing units equal to at least five percent
-s-- 2
of the total number of the Project's residential units. Developer
shall commence construction of 43.5% of the total number of
qualified low income housing units required by the Project, on or
before the issuance by the City of the 60lst building permit for
the Project ("Initial Phase"). Developer shall thereafter
diligently pursue completion of construction of the Initial Phase
with construction of the Initial Phase to be completed no later
than one year from the date of commencement of construction of said
units. Thereafter, Developer shall commence construction of the
remaining number of qualified low income housing units required by
the Project, on or before the city's issuance of -the 170lst
building permit for the Project ("Remaining Phase"). Developer
shall diligently pursue completion of construction of the Remaining
Phase with construction of the Remaining Phase to be completed no
later than one year from the date of commencement of construction
of said units. Commencement of construction shall mean that a first
inspection has been completed by the City on the first low income
housing unit Developer is obligated to build in a particular Phase.
c. completion of construction. For purposes of paragraph
2 (a) and 2(b) of this Agreement, construction shall be considered
completed when final inspection of the low or moderate housing unit
has been completed and occupancy and utility clearances have been
signed off by the City.
d. Minor delays. The thresholds described herein for
commencing construction of low and moderate income housing units
are based upon the current phasing proposals for the Project as
shown on the Tentative Map. city and Developer acknowledge that
changes to the Project may be required from time to time which
could have a m~nor or insubstantial impact on the timing of
construction of the low or moderate income housing units.
Accordingly, changes to the Project that could result in a delay of
less than six months in the construction of such units may, in the
City's sole discretion, be considered minor or insubstantial by the
city's community Development Director and made without amendment to
this Agreement. All other changes shall require a written
amendment to this Agreement.
3. Duty to identify. Developer shall construct the
affordable housing units at the site(s) as identified on Exhibit
"C".
4. Demand to Build. Notwithstanding the provisions of
paragraph 2 of this Agreement, if the city reasonably believes that
the Developer will not reach the building permit thresholds
described in paragraph 2 (which would trigger the construction of
the low income housing units) or not complete construction of the
moderate income housing units, the City shall have the right to
demand that Developer construct a proportional amount of low and/or
moderate income housing units relative to the tota-l number of
residential building permits that have been issued for the Project.
S-- 3
APR-18-91 FRI 02:49 PM HOUSING AND BECA FAX NO. 5855698 Po 02
The City shall provide the Developer with the written demand to
construct th~. ~nits w:ithin a reasonable period. of. .time for the
Developer to co1lllUence construction of a.aid units. Developer .shall
complete constrUction of the low and/or moderate income housing
. units:, as. required by this paragraph, within one. .year of the
COmm~cement of construction of the units so dèmandèd. The duty
conta.ined in this paragraph. is non-cumulative to the duty in
paragz:"pIJ 2 with the city providing the DeVeloper with the
.¡¡pp.roþriate amount of =edit for completed construction.
5.. Right to Withhold Permits. The city has the absolute and
unfettered right to withhold the issuance of any building permit
for. .any residential development within the Project if the Developer
is .not.. in compliànce with the terms and/or obligations of this.
Agraement, excludinq.~aragraph 6 of this Agreement.: . .
. 6. Development peraits, Haps and DoC11lllents. Dèveloper shall
at.. it!;: soia expense, prepare and diligently proc",ss all permits,
. aqrE!;ements, pans, maps, Afford~le Housing. Program and other
dçcuments, including but not lil1lited to,. market strategy plans,
.. design. . development plan, .. arid . any amendments to . the Project' s
. General Development Plan and Sectional Planning Area Plan. that may
be. necessary to meet the Developer's obligation.
7. Rele"se.
a. If Developer transfers any portion of the project which is
subject to the burden of this Agreement, upon request by the
Deve~oper or its.. ..assignee., the city. will release. .the portion:sp
t1':ansferred of the burden of . this Agreement .:as tQ such assigned
. portion if SUChpårtion has either complied with theJ'èqÍJ.irements
.. of this .Agreement or if the Director o.f Co:mmwiity Development, in
the. Director's sole discretion, determines that other land within
the~Próject will àccommodate Developer's Duty to Build low income
!lo~singunits.
b. Upon the sale of. any individual unit to a .home buyer the
parties agree that: such unit. shall be rèleased from thèprovisions
ottIliE: Agreeìnent; Such release shall not linli t or modify in any
way Developer; 5 Duty to Build.
: . c. City further agrees to timely consider any request for
release. by Developer..pursuant to (a) above. Developer and city
.. agr~ to. amend EXhibit C when. any release is granted .:to identify
.t;h.e:,a!fqrdal::>l'ehousing unJ.tßwhich will: be identified in place and
. st.ead of. those originaliy so identif ied. . ..
.. .d. In the event that a parcel is to be released pursuant to
.the..proVis:ions of paragraphs (a} or (b). above, th~ parties .agreeto..
è:x"ë;ç:ùte' and. re.cord: such documentation as. is reasonablyreq"u-ired. by
a..reputable title insurance company to evidenc.e such re.lease.: 1'.1.1
5- 4
costs related to any such release shall be paid by Developer or its
assignee; city shall have no responsibility for any such costs.
8. Subordination and Notice.
a. Subordination. Developer agrees to enter into
subordination agreements with all lienholders having any interest
in the Project to ensure that the provisions of this Agreement bind
such lienholders should they take title to all or part of the
property through quitclaim deed, sale, foreclosure or any other
means of transfer of property. Developer shall deliver to the City
the fully executed subordination agreements in a form acceptable to
the City Attorney and suitable for recording on or before the
issuance of the first building permit for the Project.
b. Notice. Developer shall provide written notice of the
terms of this Agreement (which could be a copy of this Agreement)
to all purchasers and potential purchasers of real property within
the Project, excluding however, a buyer of an individual housing
unit.
9. Compliance. Developer agrees to comply with the "Program
for the provision of Affordable Housing within salt Creek Ranch"
which is attached hereto as Exhibit C and incorporated herein by
this reference as though fully set forth. Should there be a
conflict between the terms of this Agreement and Exhibit C, the
terms of the Agreement shall prevail.
10. General Provisions.
a. Authority of signatories. Each signatory and party hereto
hereby warrants and represents to the other party that it has legal
authority and capacity and direction from its principal to enter
into this Agreement, and that all resolutions and/or other actions
have been taken so as to enable it to enter into this Agreement.
b. Counterparts. This Agreement may be executed in any
number of counterparts, each of which will be deemed to be an
original, but all of which together will constitute one instrument.
c. Applicable Law. This Agreement will be construed and
enforced in accordance with the laws of the State of California.
d. Successors. All terms of this Agreement will be binding
upon and inure to the benefit of the parties and their respective
administrators or executors, successors and assigns.
e. Modifications. No modification, waiver or discharge of
this Agreement will be valid unless the same is in writing and
signed by the parties to this Agreement.
5- 5
f. Entire Agreement. This Agreement contains the entire
agreement between the parties relating to the transaction
contemplated hereby and all prior or contemporaneous agreements,
understandings, representations and statements, oral or written,
are merged herein.
g. Attorney's fees and costs. If either party commences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
h. Exhibits. All exhibits referred to in this Agreement are
attached, and are a part of, this Agreement.
i. Captions. Captions in this Agreement are inserted for
convenience of reference only and do not define, describe or limit
the scope or the intent of this Agreement.
j. Recording. The parties hereto shall cause this Agreement
to be recorded in the Official Records of the County of San Diego.
k. No Third party Beneficiary. No claim as a third-party
beneficiary under this Agreement by any person, corporation or any
other entity, shall be made or be valid against city or Developer.
1. Incorporation of Recitals. The recitals set forth herein
are part of this Agreement.
m. Assignment. The obligations of the Developer under this
Agreement shall not assigned in whole or apart, without the express
written consent of the city.
:;-- 6
APR-1B-1997 14:33 FROM RUTAN & TUCKER TO 916196564306 P. Ø2/Ø2
SIGNATURE PAGt: TO
AFFORDABLE SOUSING AGIŒEMENT
:IN WITNESS WHEREOF. City and Developer hav~ executed this
Agreement this day of ,199_-
PACIFIC BAY HOMES
CI'!'">!: OF CHUI.A VISTA .
Shirley Horton By:
Mayor
Attest: By:
Name:
Title:
By:
Beverly Authelet Name:
city Clerk Title:
Approved as to form by
city Attorney
ad as to fonn by
O. ~~
for Pacific Bay Homes
H'\-\"_""v\_.i~.FII
0- 7
TOTAL P.02
EXHIBIT A
SR- 7:? 'Å~ r-..j
--~ m C~ SAN MIGUEL
"' L..--.J i : SAlT CREEK RANCH
, J ~PlANNED COMMUNITY
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT Salt Creek Ranch PROJECT DESCRlPnON,
ø APPlICANT,
PROJECT East "H" Street /
ADDRESS, Proctor Valley Road
SCALE, FILE NUMBEIè
NORTH No Scale
h:\home\plonnlng\carlos\locotors\scr.cdr 3/26/97 5-25
EXHIBIT "B"
SALT CREEK RANCH
LEGAL DESCRIPTION
PARCEL 1:
THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO HENRY G. FENTON,
RECORDED AUGUST 31, 1938 IN BOOK 810, PAGE 380 OF OFFICIAL RECORDS.
PARCEL 2:
THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED
APRIL 17, 1883.
EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SOUTHERN CALIFORNIA
MOUNTAIN WATER COMPANY, BY DEED DATED MAY 19, 1896 IN BOOK 253, PAGE
100 OF DEEDS, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT LOCATED NORTH 34°30' WEST 2,575 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 26, THENCE TRUE NORTH 67.20 FEET
(RECORD NORTH 67.00 FEET); THENCE TRUE WEST 300 FEET; THENCE TRUE
SOUTH 145.2 FEET; THENCE TRUE EAST 300 FEET; THENCE TRUE NORTH 78.2
FEET TO POINT OF COMMENCEMENT.
PARCEL 3:
THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER, THE EAST HALF OF THE
SOUTHEAST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER,
ALL IN SECTION 27, TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO
BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 17,1883.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WITHIN PARCEL MAP
NO. 15480, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DECEMBER 2, 1988 AS FILE NO. 88-619593 OF OFFICIAL RECORDS.
5-C¡
PARCEL 4:
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 23 AND THE NORTH
HALF OF THE SOUTHWEST QUARTER OF SECTION 24, ALL IN TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 5:
THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 6:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH, RANGE 1 WEST,
SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 7:
THE WEST THREE QUARTERS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 24, THE WEST THREE QUARTERS OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF.
PARCEL 8:
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE EAST QUARTER OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24.
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER, THE EAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTH HALF OF
THE NORTHWEST QUARTER OF SECTION 25, ALL BEING IN TOWNSHIP 17 SOUTH,
RANGE 1 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED APRIL 17, 1883.
¿S--IV
PARCEL 9:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 25,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY APPROVED APRIL 17, 1883, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER OF SAID SECTION 25, DISTANT THEREON SOUTH 88°53'30"
EAST 1136.70 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH
41°48'30" EAST 1817 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE
OF SAID SECTION 25, SAID SOUTH LINE BEING ALSO THE NORTH BOUNDARY LINE
OF RANCHO JANAL; THENCE ALONG SAID BOUNDARY LINE SOUTH 88°49' EAST TO
THE EAST LINE OF SAID SOUTH HALF OF SOUTHWEST QUARTER O~ SAID SECTION
25; THENCE ALONG SAID EAST LINE NORTH 0°12' EAST 1332.13 FEET TO A
FOUR - INCH CONCRETE FILLED PIPE SET IN STONE MOUND FOR NORTHEAST
CORNER OF SAID SOUTH HALF OF SOUTHWEST QUARTER, AND AS SHOWN ON RECORD
OF SURVEY MAP NO. 663 ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF
OF SOUTHWEST QUARTER NORTH 88°53'30" WEST 1578.87 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO THE SOUTHERN
CALIFORNIA MOUNTAIN WATER COMPANY, RECORDED MAY 4, 1905 IN BOOK 363,
PAGE 154 OF DEEDS.
PARCEL 10:
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP
17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THERE'_,F.
PARCEL 11:
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
PARCEL 12:
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT
SURVEY THEREOF.
~-II
PARCEL 13:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING NORTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 14:
THAT PORTION OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 17 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, LYING SOUTHERLY OF PROCTOR VALLEY ROAD.
PARCEL 15:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 17
SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY, APPROVED APRIL 17, 1883, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT LOCATED NORTH 34'030' WEST 2,575 FEET FROM THE
SOUTHEAST CORNER OF SAID SECTION 26, THENCE TRUE NORTH 67.20 FEET
(RECORD NORTH 67.00 FEET); THENCE TRUE WEST 300 FEET; THENCE TRUE
SOUTH 145.2 FEET; THENCE TRUE EAST 300 FEET; THENCE TRUE NORTH 78.2
FEET TO POINT OF COMMENCEMENT.
:) - 17-
EXIllBIT C
PROGRAM FOR THE PROVISION OF
AFFORDABLE HOUSING
WITIllN SALT CREEK RANCH
Approved by the Chula Vista City Council
Resolution -
-, 1997
Prepared For:
The City of Chula Vista
5-/3
065/Q15712-0002/3û14078.3 aO4/14/97 (SALT CREEK RANCH)
TABLE OF CONTENTS
Page
I. INTRODUCTION....................................... 1
II. DEFINITIONS......................................... 2
lli. CITY OF CHULA VISTA INCLUSIONARY HOUSING NEEDS ........ 3
IV. SALT CREEK RANCH AFFORDABLE HOUSING PROGRAM ........ 3
A. LOW INCOME HOUSING .....................:...... 3
1. Requirements .... . .... . ......... ...... . . . ..... 3
2. SiteSelectionCriteria .............,.............. 4
3. Low Income Housing Sites. ...............,........ 4
4. Phasing..................................... 4
5. Implementation Schedule .......................... 5
B. MODERATE INCOME HOUSING ....................... 6
1. Moderate Income Housing Requirements. . . . . . . . . . . . . . . .. 6
2. Moderate Income Housing Sites .........,............ 6
3. Phasing..................................... 7
4. Implementation Schedule ....,..................... 7
C. SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS. . . .. 7
D. COMPLIANCE REPORTING .......................... 8
1. RentaJ Units' Compliance Packet and Audit. . . . . . . . . . . . . .. 8
2. Home Ownership Units' Compliance Packet ............., 10
E. AFFIRMATIVE MARKETING PLAN. . . . . . . . . . . . . . . . . . . . . 11
F. DISCLOSURE OF PROPOSED STATE ROUTE 125. . . . . . . . . . .. 11
V. EXHŒITS
Exhibit 1 Low and Moderate Income Sites
Exhibit 2 Supplemental Rental Application
Exhibit 3 Semi-Annual Report
Exhibit 4 Homebuyer's Qualifying Form
Exhibit 5 Affirmative Marketing Plan
065/015712-000213014078.3 ,¡)4/14/97 S--If (SALT CREEK RANCH)
I. INTRODUCTION
The City of Chula Vista ("City") , along with all other cities
in California, is required by state law to have a Housing
Element as a component of its General Plan. The Housing
Element describes the housing needs of the community and the
responses necessary to fulfill them.
The City of Chula Vista Housing Element of 1991 contains
numerous objectives, policies and related action programs to
accomplish these objectives. Key among the'se is the
affordable housing policy which requires that residential
development with fifty (50) or more dwelling units provide a
minimum of 10% of the total dwelling units for low and
moderate income households, one half of these units (5% of the
total project) being designated to low income' and the
remaining five percent to moderate income households.
In order to guarantee the provision of Affordable Housing
opportunities, the City requires that a specific Affordable
Housing Program ("AHP") and agreement be consistent with the
Housing Element of the Chula Vista General Plan and be
prepared and signed by the Developer. This Affordable Housing
Program is intended to delineate how, when and where the units
would be provided, intended subsidies, income rent
restrictions and methods to verify compliance.
The Salt Creek Ranch Affordable Housing Program is consistent
with the City's affordable housing policies and is expected to
be completed in two phases. The Initial Phase consists of a
total of 1,140 units with the provision of fifty seven (57)
low income and sixty six (66) moderate income housing units.
The Remaining Phase consists of a total of 1,476 units with
the provision of seventy four (74) low income and sixty five
(65) moderate income housing units will be provided.
All low income housing units (131) would be located'at the
southwest end of the planned community within an area
identified in the Salt Creek Ranch Development Phasing Plan as
Neighborhood 4A. The moderate income housing would be located
within neighborhoods 3, 4B and 5 (see Exhibit 1).
Construction of fifty seven (57) low income and sixty six (66)
moderate income housing units in the Initial Phase is expected
to begin before the issuance of the 601st building permit. The
Remaining Phase is expected to start prior to the issuance of
the 1,701 building permit (see the section entitled
"Implementation Schedule" in this program).
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065/0l5712.<J002130l4<J78,3 aO4I16/97 S--/~ (SALT CREEK RANCH)
II. DEFINITIONS
affirmative marketing plan - An outline that details actions
the Developer will take to provide information and otherwise
attract eligible persons in the housing market area to the
available housing without regard to race, sex, sexual
orientation, marital status, familiar status, color, religion,
national origin, ancestry, handicap, age, or any other
category which may be defined by law now or in the future.
affordable rental rate - The rent to be charged. to a low
income household shall not exceed the Fair Market Rents
(FMR's) set by HUD on an annual basis based on the number of
bedrooms within the unit. It includes shelter rent and the
cost of utilities, except telephones. HOD sets the FMR's at
the 40th percentile distribution of standard quality rental
housing units. The 40th percentile rent is drawn from the
distribution of rents of units which are occupied by recent
movers (renter households who moved into their units within
the past 15 months). Usage of FMR's assures each household
pays equal proportionate share of rent. There are no minimum
rent requirements. The Fiscal Year 1997 FMR's are as follows:
Metropolitan
Statistical Area EFF 1-bd 2-bd 3-bd 4-bd
San Diego, CA $477 $545 $682 $947 $1,118
low income household A household of persons who claim
primary residency at the same unit with combined incomes that
do not exceed 80% of the area median income (adjusted
annually) based on household size. Household size is
calculated by the number of persons residing at the same unit
as their primary residency. For the purpose of calculating
income, HUD regulation 24CFR 813.106 provides the guidelines
to be used as presently set forth and amended from time to
time.
moderate income household - A household of persons who claim
primary residency at the same unit with combined incomes
between 80% to 120% of the area median income (adjusted
annually) based on household size. Household size is
calculated by the number of persons residing at the same unit
as their primary residency. For the purpose of calculating
income, BUD regulation 24CFR 813.106 provide the guidelines to
be used as presently set forth and amended from time to time.
Qualified Term - That length of time the rental unit must
remain affordable to low income households.
San Diego median income - The San Diego County:area median
income level as determined from time to time by the Department
-2-
065/0t5712-OOO213014078.3 aO4/14/97 (SALT CREEK RANCH)
S-- ! (p
of Housing and Urban Development, United States Government,
based on household size.
subsidized financing - Any financing provided by any public
agency specifically for the development and construction of
low and moderate income housing units.
m. CITY OF CHULA VISTA INCLUSIONARY HOUSING NEEDS
As the State Regional Needs Assessment indicates, housing for
large families is the single greatest need in our" community.
A recent survey of Chula Vista showed that within a three mile
radius of Cordova in Rancho del Rey, (an affordable housing
development on the east side of Chula Vista) there are 1,334
market rate rentals of which 110 are three bedrooms and zero
are four bedrooms. Only 8.2% of the market rate rentals are
three bedrooms. Given that 14% of the households in Chula
Vista (according to the 1990 Census) are large families (of
five or more persons), and assumlng the desire for equal
distribution of these families throughout the city, the
private market is not producing adequate housing for large
families (three or more bedroom units) on the east side. Thus,
should the City of Chula Vista choose to participate in
financing affordable housing to families of low income, the
City would prefer to invest in affordable developments with
large units.
Another City of Chula Vista objective through its housing
policy is to broaden the availability of housing types and
increase home ownership opportunities for low income
households. As the State Regional Needs Assessment indicates,
due to the high cost of buying a home in Southern California,
home ownership is rarely affordable to families with low
incomes. The 1990 Census data shows that among homeowners in
Chula Vista, the lower the household income the higher the
percentage of the respective household income goes .to the
mortgage payments. Making home ownership affordable to
families with low income is the key to this objective. Should
the City of Chula Vista choose to participate in financing
affordable housing, the City would prefer to invest in home
ownership opportunities for families of low income.
IV. SALT CREEK RANCH AFFORDABLE HOUSING PROGRAM
A. LOW INCOME HOUSING
1. Requirements
The Salt Creek Ranch Project is required to provide a
minimum of 10% of the approved housing units (2616) as
-3-
065/0t5712-000213014078.3 .04/14/97 ~-/'ì (SALT CREEK RANCH)
affordable housing, of which one-half shall be provided
as low income housing.'
Based on the total of 2,61.6 residential housing units
which are currently allowed to be constructed within Salt
Creek Ranch, a total of 262 low and moderate income
housing units are required to. be provided within the
project, of which J.31. will be provided for low income and
1.31. moderate income households.2
2. Site Selection Criteria
The low income housing site was selected using the
following selection criteria which is prescribed in the
City of Chula Vista General Plan:
a. Such units are located near proposed public
transit facilities, including bus routes along
East "H" Street;
b. Such units are located within walking distance
of future retail, commercial and support
services along East "H" Street, public park
facilities and schools.
c. Every effort has been made to make targeted
sites for the low and moderate income housing
units compatible with adjacent residential
units (i.e., densities, design, etc.).
3. Low Income Housing Sites.
Neighborhood 4A has been selected as the site for low
income housing units within the Salt Creek Ranch project
(see Exhibit 1).
4. Phasing
The low income housing units would be completed in two
phases. The Initial Phase consists of fifty seven (57)
units and the Remaining Phase consists of seventy four
(74) units for a total of J.31 units.
'This is a condition of approval for the Salt Creek Ranch Tentative Map and specifically Condition No.
113 of City Council Resolution No. 16834.
2The nu_r of affordable units and low income housing units may be adjusted based upon the actual
number of residential housing units which are const=cted in the Salt Creek Ranch project.
-4-
0651015712-0002130[4078.3 aO4114f97 s-- /? (SALT CREEK RANCH)
5. Implementation Schedule
LOW INCOME HOUSING INITIAL PHASE
TIMING ITEMS TO BE COMPLETED
Prior to approval of the fIrSt Final Map. Identify low income housing site(s) and provide
proof of site(s) control for all phases.
Identify intended subsidies, incentives and
fmancing mechanisms for all phases.
Prior to issuance of the 101st building Submit a marketing pIan to the Community
permit Development Department for review and approval.
Prior to issuance of the 201st building Submit a design development plan for the
permit. construction of 57 low income housing units.
Prior to issuance of the SOlst building Obtain Design Review Committee's (DRC)
permit. approval for the construction of 57 low income
housing units.
Prior to issuance of the 601st building Obtain building permits for the construction of the
permit. Initial Phase (57 units).
Within internal distribution of building structure,
identify specific location of 57 units'
Prior to issuance of the 801st building City's final inspection and utilities released for 57
permit or one year from the date of the low income housing units is obtained.
building permit issuance whichever
occurs first.
Total 57 units
3The location of the designated units may change over time ita be referred to as "floating units"} as
long as the total number of affordable units remains constant and that substituted units are comparable in terms
of size, features, and the number of bedrooms, as determined by the Director of the Community Development
Department.
-5-
065/015712.OíJO213014078.3 304/14/97 S--IC¡ (SALT CREEK RANCH)
LOW INCOME HOUSING REMAINING PHASE
TIMING ITEMS TO BE COMPLETED
Prior to approval of the first fmal map Confirm location of low income housing site and
in development remaining phase proof of site control for phase 2 and 3
Confirm iÌ1tended subsidies, incentives and
financing mechanisms for phase 2 and 3.
Prior to issuance of the I,201st building Submit a marketing plan to the Co¡nmunity
permit Development Department for review and approval.
Prior to issuance of the 1,301st building Submit a design development plan for the
permit. construction of all 74 low income housing units.
Prior to issuance of the 1,401st building Obtain DRC approval for the construction of low
permit. income housing units.
Prior to issuance of the 1,701st building Obtain building permits for the construction of 74
permit. low income housing units.
Prior to issuance of the 1,801 building City's final inspection and utilities release for 74
permit or one year from the date of the low income housing units is obtained.
building permit issuance whichever
occurs first.
Total 74 units
B. MODERATE INCOME HOUSING
1. Moderate Income Housing Requirements
Salt Creek Ranch currently includes 2,616 housing units
of which five percent (5%), or one hundred thirty-one
(131), must be moderate income housing units. ' These
moderate income housing units shall consist of for-sale
housing and be located in Neighborhoods 3, 4B, and' 5 (see
Exhibit 1).
2. Moderate Income Housing Sites
Neighborhoods 3, 4B and 5 have been selected as the sites
for moderate income housing units within the Salt Creek
Ranch project. The location of Neighborhoods 3, 4B and 5
are shown on Exhibit 1.
'The number of moderate income units may also be adjusted based on the actual number of housing units
constructed within the Salt Creek Ranch project,
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065/015712-0002/3014078.3 304/14/97 6- 7..-6 (SALT CREEK RANCH)
3. Phasing
The moderate income housing would be completed in two
phases. The Initial Phase consists of 66 units and the
Remaining Phase consists of 65 units.
4. Imp1ementation Schedu1e
MODERATE INCOME HOUSING INITIAL PHASE
Prior to issuance of the 619th Obtain building permits and start construction for 33
building permit moderate income housing units
Prior to issuance of the 801st Obtain building permit and start construction of 33
building permit moderate income housing units.
Total 66 units
MODERATE INCOME HOUSING REMAINING PHASE
Prior to issuance of the 1301st Obtain building permit for the construction of 32 moderate
building permit income housing units.
Prior to issuance of the 1801st Obtain building permit and start construction of 33
building permit moderate income housing units
Total 65 units
C. SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS.
In the event Developer obtains subsidized financing, the
Qualified Term shall be dictated by the selected funding
source. If the selected funding has no qualified term, it
shall be fifty-five (55) years. In the event that no
subsidized financing is obtained, the Qualified Term shall be
twenty (20) years from the date of the completion of the final
inspection for each structure.
Below is a list of some of the potential funding mechanisms
that the Developer may use for affordable housing.
Low Income Housing Tax Credits (LIHTC}-Statewide
Competition
Housing Bonds - State
Density Bonus - City
Mortgage Credit Certificates - City
Local Initiative Support Corporation (LISC)-Source for
Nonprofit Only Income Fund ~ City
Redevelopment Low and Moderate
HOME - City, County, and State
Other Public Financing - State and Federal
-7- '
065/015712-0002/3014078.3 aO4/14197 ð-~I (SALT CREEK RANCH)
City agrees to the extent it deems reasonable to use good
faith and reasonable best efforts to assist Developer in
obtaining the benefit of certain financing and other
mechanisms which will reduce the cost of providing affordable
housing in Salt Creek Ranch, some of which require approvals
from, or allocations by, state agencies, including, but not
limited to, local, state and federal subsidies and City
bonuses, planning, and design and development techniques and
standards which reduce the cost of providing affordable
housing (collectively, the "Cost Reducing Mechanisms"). The
parties acknowledge that City is unable to guarantee the
availability of any Cost Reducing Mechanisms to Developer for
Salt Creek Ranch.
D. COMPLLANCE REPORTING
All Compliance Reports shall be submitted to the City of Chula
vista Community Development Department and an independent
trustee hired by the Developer to monitor the Developer's
compliance. The funding sources used will dictate and
supersede the terms described in l.a. and b. The terms below
only apply if funding sources do not otherwise specify such
affordability requirements.
1. Rental units' Compliance Packet and Audit
a. Should a Developer seek approval by the City
to credit a tenant toward its low income
housing obligation, the Developer must give
the City, at a minimum, a compliance packet
including the following:
. Supplemental Rental Application - Exhibit 2
. Semi-Annual Report - Exhibit 3-A, 3-B, 3-C
. Authorization to Release Information by
Purchaser
. Acknowledgement that the Information is for
City's Reporting and Administration Use Only
Developer shall not be required to perform any
extraordinary investigation or verification
regarding such information other than
Developer's usual and customary means of
income verification. Developer shall retain
the Supplemental Rental Application and any
supporting documents for a period of at least
two (2) years after the applicant ceases to
occupy a low income housing unit.
b. A household occupying a designated low income
unit whose annual income increases subsequent
to occupying said unit (referred 'to as "over
income household") and thus exceeds the 80% of
-8-
065/015712-000213014078,3 aO4/14/97 ~~ (SALT CREEK RANCH)
area median income, need not vacate the
apartment. However, at the Developer's
discretion, this over income household's
monthly rent (including utilities) may be
increased to the market rate. Regardless of a
rent increase, the Developer can no longer
credit this over income household toward its
5% low income requirement and is obligated to
replace this unit by renting the next
comparable unit to a low income household as
per the paragraph below. Thus, the Developer
shall ensure appropriate language is included
in the lease requiring tenant to provide
income information biannually and acknowledge
that should its income increase, the household
may be subject to a higher rent. .' Adjusted
monthly incomes can be calculated using rules
according to the HUD Handbook 4350.3 Occupancy
Requirements for HUD Subsidized Multifamily
Housing.
The location of the designated units may
change over time (to be referred to as
"floating units") as long as the total number
of affordable units remains constant and that
substituted units are comparable in terms of
size, features, and the number of bedrooms, as
determined by the Director of the Community
Development Department. If the over income
household does not vacate the unit, the
Developer must assure that when the next
comparable apartment becomes vacant, the newly
available unit must be rented to a low income
household, as a floating unit, to replace the
previously designated unit no longer housing a
low income household. If the over income
household chooses to leave, the vacated unit
retains its low income unit designation.
If a residential apartment complex is
designated as 100% low income, the over income
household will not be required to vacate, if
it pays the increased rent, and the unit will
not be replaced with a "floating unit." When
the over income household vacates the unit,
the unit retains its low income unit
designation.
c. If the City determines that an outside audit
is necessary to verify the accuracy of the
submitted rent roll, then on a basis no more
frequently than once a year, it .may require
such an audit at the expense of Developer. In
such event, within ten (10) days after
-9-
065/015712-0002l3O[4078.3 aO4/14/97 s-23 (SALT CREEK RANCH)
delivery of the City's written request for
such outside audit, Developer shall deliver to
the City the names of three (3) certified
public accountants doing business in the
Metropolitan San Diego area. City will
promptly deliver to Developer notice of
approval by the City of one or more of said
names.
The audit shall be completed by an approved
certified public accountant, at Developer's
sole cost and expense, within sixty (60) days
after the delivery to Developer of City's
approval. The certified public accountant
shall promptly deliver a copy of the written
audit to the City. Such audit shall be an
audit of Developer's records, including the
information supplied to Developer by the low
income tenants. The auditor shall not be
required to verify the accuracy of the
information provided by the low income
tenants.
2. Home Ownership Units' Compliance Packet
Should Developer seek approval by the City to
credit a home purchase toward its low and/or
moderate income housing obligation, the Developer
must give the City at a minimum a compliance packet
including the following:
. Copy of Settlement Sheet
. Homebuyer's Qualifying Form - Exhibit 4
. Authorization to Release Information by Purchaser
. Acknowledgement that the Information is for
City's Reporting and Administration Use Only
Developer shall not be required to perform any
extraordinary investigation or verification
regarding such information other than Developer's
usual and customary means of income verification.
Developer may contact the City's Community
Development Housing Division's Housing Coordinator
to confirm the City's acceptance of the applicant
as credit toward Developer's low and/or moderate
income housing unit obligation. Developer may
contact the City prior to the sale of the unit for
consultation purposes if desired; however, approval
will be given in writing only after required
documents are reviewed and accepted by the City.
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065/015712-000213014078.3 aO41!4/97 5- -¿"¡ (SALT CREEK RANCH)
E. AFFIRMATIVE MARKETING PLAN
Developer shall provide a marketing plan acceptable to the
City, in the City's reasonable discretion, for proactively
marketing the low and moderate income housing units to low and
moderate income tenants and purchasers respectively at the
time specified in the Implementation Schedules in Sections A5
and B4 above. Developer shall use good faith and reasonable
best efforts to market the low and moderate income housing
units to low and moderate income tenants and purchasers
according to the affirmative marketing plan. See" Exhibit 5,
attached hereto, which sets forth the plan requirements.
The City will in its discretion use good faith and reasonable
best efforts to assist Developer in marketing low and moderate
income housing units to low and moderate income tenants and
purchasers, obtaining the services of a third-party
organization in connection with such marketing efforts,
processing the applications of prospective tenants and
purchasers of low and moderate income housing units, and
complying with the reporting requirements as required herein.
F. DISCLOSURE OF PROPOSED STATE ROUTE 125.
Developer shall provide appropriate disclosure information
relating to proposed State Route l25 to all prospective low
and moderate income applicants. Prior to the marketing of the
units, the form of the disclosure shall be submitted to the
City for review and approval.
-ll-
0651015712.()(J()213014078,3 aO4114197 ~- 2S- (SALT CREEK RANCH)
EXHIBIT 1
LOW AND MODERATE INCOME SITES
065/015712-000213014078.3 aO41l4/97 Exhibit 1 - Page 1 of 1 (SALT CREEK RANCH)
~-2~
EXHIBIT 1
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EXHffiIT 2
SUPPLEMENTAL RENTAL APPLICATION
The rental unit for which you are applying has received
governmental assistance under programs to encourage more affordable
housing. As a result, the unit carries a rent level restriction
and is restricted to occupancy by low and moder.ate income
households.
The information required on this form is necessary to determine
your income eligibility to occupy the unit. You must report all
household income. Information provided will be confidential and
not subject to public disclosure pursuant to State Government Code
Section 6254(n}.
6.15.1 Rental Unit Address
6.15.2 Applicant Name
6.15.3 Other Household Members
6.15.4 Total Current Annual Household Income from all Sources
Including Asset:
TOTAL $
Detail:
Household Member Income Source
6.15.5 Total Gross Annual Household Income shown on most recent
Federal Tax Return from Previous Calendar Year (Attach
copies of most recent Federal Tax returns from previous
calendar year for all household members receiving income.
Include other verification of income not appearing on tax
forms.)
$
6.15.6 Monthly Rental Rate $
6.15.7 Number of Bedrooms
0651015712-0002/3014078.3 aO41l4/97 Exhibit 2 - Page 1 of 2 (SALT CREEK RANCH)
~-:2ð'
EXHIBIT 2
APPLICANT'S STATEMENT
I certify under penalty of perjury that the foregoing information
is true and correct to the best of my knowledge. I understand that
any misrepresentation of the information contained herein may be
cause for eviction.
Signature Date
OWNER'S STATEMENT
Based on the foregoing information, I certify under penalty of
perjury that the applicant is eligible to occupy this restricted
low and moderate income housing unit. Eligibility is based on
finding that the applicant's household's current annual income is
$ and does not exceed current maximum household income
of $ allowed under the terms of a Development
Agreement with the City of Chula Vista regarding this residential
rental development.
Name:
Title:
Signature: Date:
065/015712-000213014078.3 ,[)41l4/97 Exhibit 2 - Page 2 of 2 (SALT CREEK RANCH)
5-2;
EXHIBIT 3-A
SEMI-ANNUAL REPORT
OWNER'S CERTIFICATION
I am the owner or owner's representative for an affordable housing development in the City
of Chula Vista, which is bound by a Housing Agreement with the City.
I certify under penalty or perjury that the attached rent roll for affordable units at my project
is true and correct to the best of my knowledge and complies with the terms and conditions
stipulated in the Affordable Housing Agreement, or any agreement that implements the same,
with the City of Chula Vista.
Name
Title
Signature Date
065/015712-000213014078.3 aO4114/97 Exhibit 3 - Page 1 of 3 (SALT CREEK RANCH)
5- 3D
EXHIDIT 3-B
SEMI-ANNUAL REPORT
PROJECT NAME
PROJECT ADDRESS
NAME OF PERSON COMPLETING FORM
PHONE NUMBER
TOTAL SENIOR
MONTHLY PROJECTS -
BDRM MONTHLY NAME OF NUMBER OF HOUSEHOLD ONE OCCUPANT
SIZE RENT HOUSEHOLD OCCUPANTS INCOME IS 60 YEARS+
(xerox form as needed)
065/015712-0002/3014078.3 .04/14/97 Exhibit 3 - Page 2 of 3 (SALT CREEK RANCH)
5-3/
EXHmIT 3-C
SEMI-ANNUAL REPORT
January 17, 1997
TO: Interested Parties
FROM: Sheri Schott, Community Development Specialist
SUBJECT: 1997 Household Income Figures for San Diego County
Median income figures for San Diego County published by the Department of Housing and
Community Development are updated yearly. The figures effective December 27, 1996 are
as follows:
Household Median Annual Monthly Annual Monthly
Size Income Lower Lower Moderate Moderate
Income Income Income Income
(80% of (120% of
Median) Median)
I $34,020 $27,200 $2,267 $40,824 $3,402
2 $38,880 $3LlOO $2,592 $46,656 $3,888
3 $43,740 $35,000 $2,917 $52,488 $4,374
4 $48,600 $38,900 $3,242 $58,320 $4,860
5 $52,488 $42,000 $3,500 $62,986 $5,249
6 $56,376 $45,100 $3,758 $67,65J $5,638
7 $60,264 $48.200 $4,017 $72,317 $6,026
8 $64,152 $51.300 $4,275 $76,982 $6,415
Section 8 Fair Market Rent (FMR) figures apply to some housing developments in Chula
Vista. The maximum monthly rents based on FMR effective September 26, 1996 are as
follows:
UNIT SIZE FMR
STUDIO $477
ONE BEDROOM $545
TWO BEDROOMS $682
THREE BEDROOMS $947
If you have any questions, please feel free to call me at 691-5263.
065/0l5712.O<JO2130l4078.3 aO4I14/97 Exhibit 3 - Page 3 of 3 (SALT CREEK RANCH)
~- 3 :L
EXHIBIT 4
SALT CREEK RANCH
HOMEBUYER's
OUALIFYING FORM
Buyer's Name
Current Address
Tract
Lot #
Lot Address
Purchase Price'
Monthly PITI Payment
% of Income
# Bedroom
Household Size
Year of Purchase
Median San Diego
Household Income
% of Median
Current Income
Signature Authorizing
Release to City
Sales Representative
Submitted to City on
NOTE: This information is for the City's Reporting and Administrative Use
Only,
'The sale price of any unit being sold in partial satisfaction of Developer's obligation to provide low
income housing shall not exceed three times the household's annual income as required by and as may be revised
from time to time by the San Diego Association of Governments (SANDAG).
065fQl5712-0002/3()14<J78.3 aO4/14/97 Exhibit 4 - Page 1 of 1 (SALT CREEK RANCH)
S-33
EXHIBIT 5
City of Chula Vista Equal Housing Opportunity Requirements
For The Low/Moderate Income Housin!! Affirmative Marketin!! Plan
Every Developer complying with the City of Chula Vistå's Housing Element's "Affordable
Housing Plan" shall submit to the City an Affmnative Marketing Plan, for City Review and
Approval, which details actions the Developer will take to provide information and otherwise
attract eligible persons in the housing market area to the available housing without regard to
race, sex, sexual orientation, marital status, familiar status, color, religion, national origin,
ancestry, or handicap, age or any other category which may be defined by law now or in the
future.
I. The City of Chula Vista Affirmative Marketing Requirements are as follows. Please
note, however, the Plan is not limited to these Requirements.
(i) Detail methods for informing the public, buyers and potential tenants
about Federal fair housing laws and the City ofChula Vista's affirmative
marketing policy;
(ii) Publicize to minority persons the availability of housing opportunities
through the type of media customarily utilized by the applicant, including
minority outlets which are available in the housing market area;
(iii) Identify by language and by number any significant number of persons
in a community within the housing market area who have limited fluency
in the English language;
(iv) Where there is a significant number of persons in a community within
the housing market area who have limited fluency in the English
language, the Plan shall:
(a) Identify the media most likely to reach such persons,
(b) Advertise for the housing development in the native
language of such persons, in addition to the English
language, and
(c) Describe the provisions which the housing sponsor will
make for handling inquiries by and negotiations with such
persons for the rental or sale of units in the development.
(v) Detail procedures to be used by the Developer and/or property manager
to inform and solicit applications from persons in the housing market
area who are not likely to apply for the housing without special outreach
(e.g., use of community organizations,
065/015712-000213014078.3 aO4/14/97 Exhibit 5 - Page l of 2 (SALT CREEK RANCH)
5" -3 i.f
EXHIBIT 5
places of worship, employment centers, fair housing groups, or
housing counseling agencies).
II. Records must be kept describing actions taken by the Developer and/or property
managers to affirmatively market units and records to assess the results of these actions;
(i) The records shall include a copy or transcript of the advertisement copy,
the identity of the media in which it was disseminated, and the date(s)
of each appearance. The housing sponsor shall also keep a record of the
dates and places of any meetings or communications between the housing
sponsor and any individual or group referred to the housing spoIÍŠor by
the agency or organizations, representing any of the groups within the
community acting on behalf of any classification of minority persons
described above. Such records shall be retained for a period of five
years;
(ii) A description of how the Developer and/or property managers will
annually assess the success of affirmative marketing actions and what
corrective actions will be taken where affirmative marketing requirements
are not met; and
(iii) The Developer/property manager shall furnish all information and reports
required hereunder and will permit access to its books, records and
accounts by the City of Chula Vista, HUD or its agent, or other
authorized Federal and State officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated
herein.
III. The City of Chula Vista may from time to time review the Plan and the Developer's
and property manager's activities pursuant to the Plan and may require amendments to
the Plan if it does not fully comply with the requirements of this section.
IV. An affirmative marketing program shall be in effect for the duration of the Qualified
Term defined in the Affordable Housing Agreement.
V. If a source of funding used in a low/moderate income housing development, such as
federal or state funds, has affirmative marketing requirements more restrictive than the
City of Chula Vista's affirmative marketing requirements, then the more restrictive
applies.
065/015712-0002/3014078.3 .04114/97 Exhibit 5 - Page 2 of 2 (SALT CREEK RANCH)
5- 3S-
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&-2
COUNCIL AGENDA STATEMENT
Item/3
Meeting Date 6/17/97
ITEM TITLE: Public Hearing to consider testimony on the FY 97/98 levy of assessments for City Open
Space Districts 1-9, 11, 14, 15, 17, 18,20,23,24,26,31,33, Bay Boulevard, and Town
Cenœr. ~
SUBMITTED BY: Director of Public Works
Director of Parks and Recreation
r;/~
REVIEWED BY: City Manager ..f~'S(, (4/5ths Vote: Yes_NoX)
The City adminisœrs 25 open space districts established over the last twenty-five years. The districts provide the
mechanism to fmance the maintenance of common open space areas (canyons, trails, medians, etc.) associated with
and benefitting that particular development. As part of this process, a levy of an annual assessment is necessary
to enable the City to collect funds for the proposed open space maintenance. Tonight's action continues the process
for Fiscal Year 1997/98. On May 20, 1997, Council approved the open space reports on assessments for all
existing Open Space districts and set tonight for a public hearing to take testimony on the proposed assessments.
A second public hearing is scheduled for July 15, 1997.
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing.
BOARDS/COMMISSIONS RECOMMENDATION: The budget and assessment information for Town Center
Maintenance District will be forwarded to the Town Center Committee via the Community Development
Department upon approval of the resolution. As the advisory committee for the Town Center developments, the
Committee has historically reviewed this information and provided feedback to staff.
DISCUSSION:
This agenda statement is the yearly resolution of intention to assess property owners for open space maintenance
within the City. Table 1 contains the name and location of the districts. Table 2 relates the present year's
assessment to the proposed assessment and collectible for FY 97/98. Following Table 2, there is some general
information that applies to all the districts and then each district is analyzed individually. That is followed by a
description of the noticing that is required.
As a fmal note, Council should be advised that the preceding agenda items contain the same information on Open
Space District No. 10 and Eastlake which were separated due to conflict of interest concerns.
Background
Pursuant to Article 4, Chapter 1, Part 2 of the Division 15 of the California Streets and Highways Code, also
known as "Landscaping and Lighting Act of 1972" and the City of Chula Vista Municipal Code, the City Engineer
has prepared and filed the annual reports for all existing Open Space Districts in the City. The name and location
of each open space district is shown in the following table.
/3-/
Page 2, Item-
Meeting Date 6/17/97
TABLE 1
Open Space Districts Within the City of Chula Vista
Open Space District Name Location
No.
1 El Rancho del Rey Units 1-4 Between East H Street and Telegraph Canyon Road
east of Paseo Ranchero
2 Lark Haven South and east of Lorna Verde Park
3 Rancho Robiohood Units I & 2 South of Allen School Lane
4 Bonita Ridge Camino Elevado
5 Southbay Villas Northern end of Crest Drive
6 Hilltop Vista Camino Vista Road
7 Zenith Units 2, 3, and 4 North and south of Palomar, east of I-80S
8 Rancho Robinhood Unit 3 Surrey Drive
9 EI Rancho del Rey Units Paseo del Rey, north of Telegraph Canyon Road
II Hidden Vista Village East H Street, east of I-80S
14 Bonita Long Canyon North and south of Country Vistas Lane
15 Bonita Haciendas Canyon Drive. east of Otay Lakes Road
17 Bel Air Ridge Northeast of Paseo Ladera and East J Street
18 Rancho del Sur Easterly end of East Naples Street
20 Rancho del Rey North of East H Street, west of Otay Lakes Road
23 Otay Rio Business Park West of Heritage/Otay Valley Road, south of Otay
Rio Road
24 Canyon View Homes Rutgers Avenue, south of East H Street
26 Park Bonita West of the intersection of E Street and Bonita
Road
31 Telegraph Canyon Estates North of Otay Lakes Rd, west of "SR 125"
33 Broadway Business Home Village West side of Broadway between J Street and K
Street
Town Center No. I Third Avenue, north and south of F Street
Bay Boulevard Bay Blvd from E Street to F Street
These reports were prepared by the City Engineer or under his direction and are presented to Council for approval
in order to proceed with the public hearings set for June 17, 1997 at 6:00 p.m. and July 15, 1997 at 6:00 p.m. in
accordance with the Landscaping and Lighting Act of 1972. The reports cover districts listed in Table 1.
! J~ 2.
Page 3, It~
Meeting Date 6/17/97
Staff proposes for FY 1997/98 that the assessment be kept within that amount previously approved, increasing the
FY 96/97 assessment by CPL Staff has not increased any collectible higher than last year's assessment. Staff
believes that we have complied with all the provisions of Proposition 218. However, there may be issues that will
arise in the future that we are not aware of now. Per the City's Municipal Code. the CPI adjustment is the lesser
of the January to January San Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the change in
the estimated California fourth quarter per capita personal income as contained in the Governor's budget published
in January. CPI is estimated at 4.2% based on the San Diego Metropolitan Area and 5.7% based on the State of
California. Therefore, staff will use the CPI figure of 4.2 % based on the San Diego Metropolitan Area, which is
the lesser of the two figures. Assessment increases equal to 4.2% (CPI) are not subject to majority protest. Only
assessment increases !!R[ CPI are subject to majority protest.
Assessments & Collectibles
Ordinance 2631 also made the distinction between the assessment and the amount that the City may collect against
the assessment (collectible). The assessments for FY 97/98 are proposed at FY 96/97 amounts increased by the
inflation factor (CPI) pursuant to Municipal Code Section 17.07.035. The collectibles, on the other hand, are equal
to or less than the proposed assessments based on the budget, reserve requirement, savings and fund balances,
including interest earnings and prior years' savings. Under staff's recommendation, none of the open space
districts are subject to a majority protest on the increase.
The proposed assessments and collectibles for Fiscal Year 1997-98 are as follows:
TABLE 2
PRIOR FY'S YS. FY 97/98 ASSESSMENT/COLLECTIBLE
OSD FY 97/98 Proposed Proposed
FY 95196 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY97/98
Assmntl Collection! Assmntl FY 96/97 Assmnt/ Collection! Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(4)
I $81.00 $86.00 $86.00 $89.61 $89.61 $86.00 $56,914
2 39.00 34.00 39.90 41.58 41.58 34.00 8,466
3 267.00 232.00 273.14 284.61 284.61 256.00 32,512
4 282.00 277.00 288.49 300.61 300.61 286.00 60,060
5 275.00 275.00 281.33 293.15 293.15 274.00 33,428
6 136.00 65.00 139.13 144.97 144.97 71.00 11.502
7 95.00 90.00 97.19 101.27 101.27 90.00 9,360
8 434.00 441.00 443.98 462.63 462.63 442.00 48.620
9 123.00 123.00 125.83 131.11 131.11 115.00 44,160
11 84.00 85.00 85.93 89.54 89.54 85.00 112,288
14(1) 270.00 273.00 276.21 287.81 287.81 271.00 236,681
15 240.00 265.00 265.00 276.13 276.13 263.00 14,991
17 124.00 1.00 126.85 132.18 132.18 1.00 46
18 293.00 228.00 299.74 312.33 312.33 270.00 104,639
20(2) 298.00{3) - - - 964,460
Zone I DB 45.28 0.00 46.32 48.27 48.27 48.27 (')
Zone 2 RC 3.44 1.01 3.52 3.67 3.67 3.67 (')
Zone3H 4.90 4.55 5.01 5.22 5.22 5.22 (')
Zone 4 BC 18.25 11.00 18.67 19.45 19.45 19.45 (')
/3-:1
Page 4, It~
Meeting Date 6/17/97
OSD FY 97/98 Proposed Proposed
FY 95196 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY97/98
Assmntl Collection! Assmnt/ FY 96/97 Assmntl Collection! Revenue
EDU EDU EDU Assmt + EDU EDU
CPI(')
Zone 5 I 275.15 278.26 281.48 293.30 293.30 293.30 (S)
Zone 6 II 211.41 209.12 216.27 225.35 225.35 225.35 (S)
Zone 7 III 130.50 10.55 133.50 139.11 139.11 139.11 (S)
Zone 8 NDB 30.09 0.00 30.78 32.07 32.07 32.07 (S)
Zone 9 TCC 22.89 16.02 24.44 25.47 25.47 25.47 (S)
23 335.00 63.00 342.71 357.10 357.10 337.00 18.821
24 502.00 377.00 513.55 535.12 535.12 377.00 15,080
26 394.00 302.00 403.06 419.99 419.99 296.00 5,624
31 407.00 262.00 416.36 433.85 433.85 1.00 345
33 NA 686.00 1029.00 1072.22 1072.22 0.00 0
Bay Blvd. 1291.00 1311.00 1320.69 1376.16 1376.16 1145.00 11,450
Town Centre 45.00 12.00 46.04 47.97 47.97 8.00 8,000
(1) Includes Sweetwater Authority (withdrew request for waiver).
(2) Collectible to be adjusted upon analysis of data by Parks & Recreation.
(3) Represented average residential assessment in SPA 1.
(') FY 97/98 assessment may be set at or below this cap without being subject to a majority protest.
(S) Revenue for all wnes included in overall District 20 amount.
In general, all budgets have remained the same due to no increases in water cost, contract services, and City staff
services.
Savings from prior years are proposed to be used to supplement the property owner collections to provide the
revenue needed for FY 97/98 maintenance while maintaining reserves between 50%-65 % (City Code requires
reserves between 50%-100%). Staff typically does not retain reserves above 65% in consideration of property
owners direction to return as much excess funds as practical. For those districts where the reserve still exceeds
50-65 %, staff generally recommends using the savings to offset some of the assessments to give lower collectibles.
This practice should help avoid reserves in excess of 100% in future years, thereby avoiding processing refund
checks. Staff generally tries to keep the assessments within the CPI amount allowed by the Municipal Code each
year.
Where reserves are less that 50%, staff recommends that the collectible be higher than the budgeted amount in
order to build up the reserves to at least 50% over a five year period. This occurs where new OSOs have been
formed and there is no history of funding reserves available, such as the Broadway Business Homes. A gradual
build up of reserves allows the collectible to not fluctuate significantly over the first few years that the OSO is in
existence and the landscaping is being established.
The following summarizes the major changes for each district. Pursuant to the ordinance, staff has made a
distinction between the assessment and collectible amount; the assessment, estimated cost and collection will
become the same number whenever an increase in assessment is necessary. The proposed assessment per EOD
for FY 97/98 represents, in all cases, the prior year's assessment with an inflation factor of 4.2%. The assessment
per EOD is the figure to be mailed to the property owners and the collectible is the amount to be collected which
is affected by reserves, savings, etc. The collectible per EOD reflects impacts of the reserve requirements, ending
fund balances and savings. For a detailed outline, see Attachment A.
J :;-'/
\\.
Page 5, Item-
Meeting Date 6/17/97
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
WSD No. I $81.00 $86.00 $86.00 $89.61 $89.61 $86.00 $56,914
El Rancho del Rey
Units 1-4
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $86 per Equivalent Dwelling Unit (EDU),
which is less than the assessment of $89.61. Although the budget per EDU is $89.14 which exceeds the collectible
amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this
because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will
be 57%. The General Fund will be reimbursed $9,836 for City staff services from the Open Space District Fund
for FY 1997/98.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collectionl Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
10SD No.2 $39.00 $34.00 $39.90 $41.58 $41.58 $34.00 $8,466
Lark Haven
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $34 per Equivalent Dwelling Unit (EDU),
which is less than the assessment of $41.58. Although the budget per EDU is $42.08 which exceeds the collectible
amount. staff recommends utilizing the fund balance to make up the difference. Funds are available to do this
because of prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will
be 63%. The General Fund will be reimbursed $1,963 for City staff services from the Open Space District Fund
for FY 1997/98.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPl EDU EDU
OSD No.3 $267.00 $232.00 $273.14 $284.61 $284.61 $256.00 $32,512
Rancho Robinhood
Units I & 2
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $256 per EDU, which is less than the
assessment of $284.61. Although the budget per EDU is $291.66 which exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 60%. The
General Fund will be reimbursed $5,720 for City staff services from the Open Space District Fund for FY 1997/98.
/3S
Page 6, Item-
Meeting Date 6/17/97
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
I~SD No.4 $282.00 $277.00 $288.49 $300.61 $300.61 $286.00 $60,060
Bonita Ridge
Staffrecommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $286 per BDD, which is less than the
assessment of $300.61 per BDD. Although the budget per BDD is $289.92 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 59%.
The General Fund will be reimbursed $9,092 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection Assmtl Assmt + Assmtl Collection! Revenue
EDU I EDU CPI EDU EDU
EDU
fOSD No.5 $275.00 $275.00 $281.33 $293.15 $293.15 $286.00 $34,892
Southbay Villas
Staff recommends that the assessment remain the same as FY 96/97 plus a cpr of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $286 per BDD, which is less than the
assessment of $293.15 per BDD. Although the budget per BDD is $290.53 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 55%.
The General Fund will be reimbursed $5,494 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
IOSD No.6 $136.00 $65.00 $139.13 $144.97 $144.97 $71.00 $11,502
Hilltop Vista
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staffrecommends a collectible of $71 per BDD, which is less than the assessment
of $144.97 per BDD. Although the budget per BDD is $91.76 which exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 85%. The
General Fund will be reimbursed $2,583 for City staff services from the Open Space District Fund for FY 1997/98.
The reserve for this district is not between 50-65%, however, the reserve has decreased from 97.3% in FY 1995-96
to 90 % in FY 1996-97. D nder this recommendation, the reserve has been reduced to 85 % for FY 1997/98. It is
anticipated that the reserve will be reduced each fiscal year until it is between 50-65 %, as staff typically tries to
/J-Þ
Page 7, Item-
Meeting Date 6/17/97
maintain. Staff believes slowly reducing the reserve is better than reducing it all the way in one year since that
action would cause larger increases in collectibles in future years.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
~OSD No.7 - Zenith $95.00 $90.00 $97.19 $101.27 $101.27 $90.00 $9,360
Units 2, 3, & 4
Staffrecommends that the assessment remain the same as FY 96/97 plus a cpr of 4.2% as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $90 per EDU, which is less than the assessment
of $101.27 per EDU. Although the budget per EDU is $100.68 which exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%. The
General Fund will be reimbursed $1,962 for City staff services from the Open Space District Fund for FY 1997/98.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU cpr EDU EDU
IrSD No.8 $434.00 $441. 00 $443.98 $462.63 $462.63 $461 00 $50,710
Rancho Robinhood
Unit 3
Staff recommends that the assessment remain the same as FY 96/97 plus a cpr of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $461 per EDU, which is less than the
assessment of $462.63 per EDU. Although the budget per EDU is $483.28 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 56%.
The General Fund will be reimbursed $8,000 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
~OSD No.9 $123.00 $123.00 $125.83 $131.11 $131.11 $115.00 $44, 160
El Rancho del Rey
Units
Staff recommends that the assessment remain the same as FY 96/97 plus a cpr of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $115 per EDU, which is less than the
assessment of $131.11 per EDU. Although the budget per EDU is $135.10 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 65%.
)3-}
Page 8, Item-
Meeting Date 6/17/97
The General Fund will be reimbursed $7,819 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU cpr EDU EDU
I~SD No. 11 $84.00 $85.00 $85.93 $89.54 $89.54 $89.00 $117,572
Hidden Vista Village
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $89 per EDU, which is less than the assessment
of $89.54 per EDU. Although the budget per EDU is $97.56 which exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 58 %. The
General Fund will be reimbursed $18,710 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 14 $270.00 $273.00 $276.21 $287.81 $287.81 $271.00 $236,681
Bonita Long Canyon
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $271 per EDU, which is less than the
assessment of $287.81 per EDU. Although the budget per EDU is $295.62 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 65%.
The General Fund will be reimbursed $36,998 for City staff services from the Open Space District Fund for FY
1997/98.
Sweetwater Authority owns a residentiallot for future construction of a water tank within OSD 14. The above
mentioned assessment assumes Sweetwater Authority does pay (Sweetwater has withdrawn its request to be waived
from the open space district).
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPl EDU EDU
IOSD No. 15 $240.00 $265.00 $265.00 $276.13 $276.13 $263.00 $14,991
Bonita Haciendas
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $263 per EDU, which is less than the
assessment of $276.13 per EDU. Although the budget per EDU is $291.67 which exceeds the collectible amount,
/ :J -r
Page 9, Item-
Meeting Date 6/17/97
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 50%.
The General Fund will be reimbursed $2,832 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmt/ Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
~OSD No. 17 $124.00 $1.00 $126.85 $132.18 $132.18 $1.00 $46
Bel Air Ridge
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. The budget per EDU is $118.50, however, staff recommends minimal collection and
utilizing the fund balance for all maintenance. Funds are available to do this because of prior years' savings and
by adjusting the reserve balance. A special reserve was previously setup for storm drain maintenance but now has
been included in the contract for FY 97/98. The reserve under this recommendation will be 100%, the maximum
allowed under the City Ordinance. Alternatively, refunds could be processed to lower the reserve below 100%.
Staff recommends against this alternative as it is costly to process refunds. The General Fund will be reimbursed
$2,282 for City staff services from the Open Space District Fund for FY 1997/98.
In June of 1991, there were unanticipated savings experienced due to water allocation programs in response to the
drought. Consequently. the FY 91/92 assessment ($154.58 per EDU) did not reflect the savings. However, a
portion of these savings were reflected in FY 92/93 ($146.36 per EDU) and FY 93/94 ($124.74 per EDU)
assessments. To-date, there are still excess funds in the reserve due to an accumulation of interest of approximately
$800 each fiscal year over the past two years.
Staff recommends collection amounts of at least a minimal amount ($IIEDU) to ensure that the Open Space District
collectible is on the tax bill serving as additional disclosure to property owners.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt/ Collection! Assmt/ Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 18 $293.00 $228.00 $299.74 $312.33 $312.33 $270.00 $104,639
Rancho del Sur
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $270 per EDU, which is less than the
assessment of $312.33 per EDU. Although the budget per EDU is $292.43 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%.
The General Fund will be reimbursed $16,510 for City .staff services from the Open Space District Fund for FY
1997/98.
Due to delinquencies in the district, revenues are less than the expenditures causing a decline in the fund balance.
Therefore, staff recommends increasing the collectible from the previous year. Once delinquent property owners
pay their property taxes, the collectible may be reduced accordingly.
) :J-j
Page 10, Item-
MeetÙlg Date 6/17/97
CAP: Proposed Proposed
OSD No. 20 FY 95196 FY 96/97 FY 96/97 FY 96/97 FY 97/98 FY 97/98 FY 97/98
Rancho del Rey Assmnt/EDU Collection! Assmntl Assmt + AssmntlEDU Collection! Revenue
EDU EDU CPl EDU(I)
Zone 1 - Desilt 45.28 0.00 46.32 48.27 48.27 48.27 42,601
Basin
Zone 2 - Rice 3.44 1.01 3.52 3.67 3.67 3.67 14.609
Canyon
Zone 3 - H SI. 4.90 4.55 5.01 5.22 5.22 5.22 32,282
Zone 4 - Business 18.25 11.00 18.67 19.45 19.45 19.45 51,447
Center
ZoneS - SPA I 275.15 278.26 281.48 293.30 293.30 293.30 526,474
Zone 6 - SPA II 211.41 209.12 216.27 225.35 225.35 225.35 129,177
Zone 7 - SPA III 130.50 10.55 133.50 139.11 139.11 139.11 162,898
Zone 8 - North 30.09 0.00 30.78 32.07 32.07 32.07 3.864
Desilting Basin
Zone 9 - Telegraph 22.89 16.02 24.44 25.47 25.47 25.47 1.108
Canyon Channel
(I) The collectible is a preliminary figure subject to decrease upon receipt of fmal figures from Parks &
Recreation and is subject to City Council approval.
Rancho del Rey is a phased development of three Sectional Planning Areas (SPA). SPA 1 is almost completely
developed, SPA II and SPA III homes are under construction. The OSD was established in 1989 encompassing
all three areas with the understanding that the open space improvements would be constructed in phases. Because
this is a large district and not all of the items to be maintained have a benefit to the entire district, OSD 20 is made
up of several zones as indicated above. Every property within the district is in more than one zone.
TABLE 3
Typical Combined Assessment (FY 97/98)
SPA I (Zones 1 or 8, 2, 3. & 5) $318
SPA II (Zones 1 or 8, 2, 3, & 6) $283
SPA III (Zones 1 or 9, 3, & 7) $154
Business Center (Zones 1, 2, 3, & 4) .
. Industrial (per acre) $878
. Commercial (per acre) $1,106
Due to the various zones within OSD 20, a map showing the proposed typical assessments by area has been
attached.
Staff recommends that the assessments remain the same for each zone as FY 96197 plus a CPI of 4.2% as set forth
in the Chula Vista Municipal Code. In each of these zones, staff recommends a collectible which is equal to the
proposed assessment. Funds are available to do this because of prior years' savings and by adjusting the
reserve balance. Pursuant to City Municipal Code, the reserve will be increased to 50% (minimum) over 5 years.
The General Fund will be reimbursed $132,343 for City staff services from the Open Space District Fund for FY
1997/98. /3-/0
Page 11, Item-
Meeting Date 6/17/97
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPl EDU EDU
I~SD No. 23 - Otay $335.00 $63.00 $342.71 $357.10 $357.10 $337.00 $18,821
Rio Business Park
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $337 per EDU, which is less than the
assessment of $357.10 per EDU. utilizing the fund balance to make up the difference. Funds are available to do
this because of prior years' savings due to delayed turnover of improvements and by adjusting the reserve balance.
The reserve under this recommendation will be 65 %. The General Fund will be reimbursed $2,255 for City staff
services from the Open Space District Fund for FY 1997/98.
The budget per EDU of $224.58 does not exceed the collectible amount. Since a high number of delinquencies
exist within this district, staff recommends setting the collectible at $337 to compensate for funds not received last
fiscal year (FY 1996/97). However, should a high percentage of property owners pay their property taxes for FY
1996/97, the collectible for FY 1998/99 will be reduced accordingly.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collectionl Revenue
EDU EDU EDU CPI EDU EDU
OSD No. 24 $502.00 $377.00 $513.55 $535.12 $535.12 $377.00 $15,080
Canyon View Homes
Note: OSD 24 consists of only 40 townhomes sharing in the cost of large. landscaped slopes adjacent to the
townhomes.
Staffrecommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $377 per EDU, which is less than the
assessment of $535.12 per EDU. Although the budget per EDU is $505.98 which exceeds the collectible amount,
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will be 61 %.
The General Fund will be reimbursed $3,343 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
I~SD No. 26 $394.00 $302.00 $403.06 $419.99 $419.99 $296.00 $5,624
Park Bonita
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $296 per EDU, which is less than the
assessment of $419.99 per EDU. Although the budget per EDU is $364.63 which exceeds the collectible amount,
13-1/
Page 12, IteDl-----
Meeting Date 6/17/97
staff recommends utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 65%.
The General Fund will be reimbursed $1,461 for City staff services from the Open Space District Fund for FY
1997/98.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmt/ Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
/fSD No. 31 $407.00 $262.00 $416.36 $433.85 $433.85 $1.00 $345
Telegraph Canyon
Estates
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. The budget per EDU is $257.52, however, staff recommends minimal collection and
utilizing the fund balance for all maintenance. Funds are available to do this because of prior years' saving and
by adjusting the reserve balance. The reserve under this recommendation will be 100%, the maximum allowed
under the City Ordinance. Alternatively, refunds could be processed to lower the reserve below 100%. Staff
recommends against this alternative as it is costly to process refunds. The General Fund will be reimbursed $1,082
for City staff services from the Open Space District Fund for FY 1997/98.
Staff recommends collection amounts of at least a minimal amount ($l/EDU) to ensure that the Open Space District
collectible is on the tax bill serving as additional disclosure to property owners.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmtl Collection! Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPl EDU EDU
OSD No. 33 NIA $686.00 $1.029.00 $1.072.22 $1,072.22 $0.00 $0
Broadway Business
Home Village
No funds collected in FY 96/97.
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. The budget per EDU is $695.56. however, staff recommends a collectible of $0.00 per
EDU. The reserve under this recommendation will be 0%, since no construction completion is anticipated for FY
1997-98.
Although, a collectible was set for FY 96/97, Community Development requested that no funds be collected
because no construction has been done on this project. However, staff will recommend collecting revenue for FY
98/99 because funds will be needed to do required open space maintenance when construction is completed that
fiscal year.
/:3-/..'2
Page 13, Item-
Meeting Date 6/17/97
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt! Collectionl Assmtl Assmt + Assmtl Collection! Revenue
EDU EDU EDU CPI EDU EDU
Bay Boulevard Open $1,291.00 $1,311.00 $1,320.69 $1,376.16 $1,376.16 $1,145.00 $11,450
Space Maintenance
District
Note: Costs of this district are shared between four commercial properties.
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $1,145 per EDU, which is less than the
assessment of $1,376.16 per EDU. Although the budget per EDU is $1,360.80 which exceeds the collectible
amount, staff recommends utilizing the fund balance to make up the difference. Funds are available to do this
because of prior years' saving and by adjusting the reserve balance. The reserve under this recommendation will
be 65 %. The General Fund will be reimbursed $8,129 for City staff services from the Open Space District Fund
for FY 1997/98.
CAP: Proposed Proposed
FY95196 FY 96/97 FY 96/97 FY 96/97 FY97/98 FY97/98 FY97/98
Assmt! Collectionl Assmtl Assmt + Assmt! Collectionl Revenue
EDU EDU EDU CPI EDU EDU
Town Center Open $45.00 $12.00 $46.04 $47.97 $47.97 $8.00 $8,000
Space Maintenance
District
Note: Methodology spread based on 1/2 of the valuation and 1/2 the front footage.
Staff recommends that the assessment remain the same as FY 96/97 plus a CPI of 4.2 % as set forth in the Chula
Vista Municipal Code. However, staff recommends a collectible of $8 per EDU, which is less than the assessment
of $47.97 per EDU. Although the budget per EDU is $41.41 which exceeds the collectible amount, staff
recommends utilizing the fund balance to make up the difference. Funds are available to do this because of prior
years savings and by adjusting the reserve balance. The reserve under this recommendation will be 65 %. The
General Fund will be reimbursed $20,977 for City staff services from the Open Space District Fund for FY
1997/98.
~
The public hearings were noticed pursuant to Government Code 6063 which requires that notice be published at
least once a week for three weeks and at least 10 days before the second public hearing. Staff mailed notice of the
hearings to all open space districts. The notice informed the resident of his/her district, the current year
assessment, the CPI adjustment and the proposed assessment for FY 97/98.
The Parks and Recreation Department has conducted information meetings for all property owners within each
district in April. At the meeting, staff explained the proposed budget to interested owners (approximately 10,000
properties received notice).
Plans, specifications, and assessment roll are on file in the Public Works/Engineering office.
) :1 - /;1
I
\ .
Page 14, Item-
Meeting Date 6/17/97
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, and Data
Processing. Contractual costs ($926,262) are outlined in Attachment A. These costs are recovered through the
Open Space District collectible, causing no net fIScal impact. The total General Fund reimbursement for City staff
services from the above listed Open Space District Funds for FY 1997/98 is estimated to be $303,500.
Attachments:
A Cost Summary
B District Maps
C OSD 20 Assessment Map
M, \HOMElENGlNEERIAGENDA 10SROIPH I.BOB
06112/97 ',Olpm
/3';:1
, '
("'haY" es ". Farno
121 u G"rte De 'Tela
("')..'18 "ista,CA, "191'"'
~" '" C>, 1C]"7
("'i t:' 0"' Ch"] a "ista
Denart~ent of P,,~lic Work~ 'OF-'" .5f'c< c,<- j)/s-fr,'c t
Enr:ineeri.ng Division
TO: The City Council :#=-3-
Subject: ODen ~nace Assess~ent Proposal
I am writing this to ~ile an offic"a]~otest against the rrorosed char~e
"n¡ltn the onen snace a"sess"'ent ~or ~isca' Year °7/0Q in OSD #1.
I snoke to "r "',a"k Ri. '"era, Deno"tmant 0"' Public Works-E,gineering "n
this date to make my n,otest verbally and since I will not be able to
attend either of the sessions scheduled, I am sending this letter to
let the City Council ~embers know my feelings in this matter.
I am a 77 year old senior who gets no 4.2% raise i'1 nay, desnite what
your CPI or other data shows and to exnect those of us who are on a
Social Securi. tv Fixed" DrOme to keen p'.,".V" Y'(" Ur v'nat 1" tt' e income we do
~et each year(~f there "s an cost o~ livjn(" increase) is irresY'onsible.
V'hat 2'o"d is a -eager ~ nco~e increase of 2% if the City Council uses
other studies tC' arr".ve at a u.2% assessment. To indicate that this
assessment j s 'Cot a "NEW" assess"'ent is ludi.crous. It i.s a new amount.
It vi. 11. take away more than the CPT c, SSA does finally give to seniors
on the one hand while those we he""e elected to city offices vote for
thei.r own increases in "'-ay that ~ar exceeds the meager 2% allocated to
the Social Security recerients.
If yours waES the DnlY extra assessment "n the year, it ~ight not re too
"kar1, "kilt you are "ot the only o"e that ~eels .;t "s necessary to takp. rack
what little we do get. "'he Watp.r Di.stri.ct, the telenhone Comnany, the
gas Co'TIrany, et~. all feel that they ~ust have their"nound of flesh"as
well. Sure they send out their little notices telling us how much it
costs to do this or that and they hold nublic hearing"" to "'lake j.t all
"legal" and keen ". t wi thin the lew but they still take away a bi t ~ore
every year. VŒEN DOES IT STOP????
I aM looking forv'ard to the next election for Citv Council so I can read
all the"gooò" the Cou~cil me..,OerB are ("Ding to proMise to do for ."e and
1'1y neighbors if they are elected.
YOU SHOULD AU "'REAT THE OPERATING BUDGET AS IF IT WERE YOUR HOME BUDGET
AND STAY WITHE: THE PARA'-'ETBRS YOU '-"('UJ.D SET "'OR VOUR OWN HOUSEHOLD.
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COUNCIL AGENDA STATEMENT
Iternl1.
Meeting Date 6/17/97
ITEM TITLE: Public Hearing to consider testimony on the FY 97/98 levy of assessments for City Open Space
District No. 10.
SUBMITIED BY: Director of Public workJ;!~
Director of Parks and Re reation
REVIEWED BY: City Manager G¿ ~ (4/Sths Vote: Ye.'LNoX)
J(~ <)
Based upon the advice of the City Attorney, agenda items 1'1 and J~ave been separated due to conflict of interest
concerns. Two Council members own property subject to the proposed assessment in this district. Council should note
that agenda statement J.3 gives all background information and details on open space districts in general which
is applicable to this item, but does not include specific information on Open Space District 10.
RECOMMENDATION: That Council:
I) Open the hearing, take testimony, close the hearing.
DISCUSSION:
This agenda item is the yearly resolution to assess for open space maintenance within Open Space District Number 10
located along East J Street, west of Paseo Ranchero (see Attachment A). Table 1 relates the present year's assessment
to the proposed assessment for Fiscal Year 1997/98. Agenda item of tonight's agenda contains all the general
information regarding open space districts.
TABLE 1
PRIOR FY'S VS. FY 97/98 ASSESSMENT/COLLECTIBLE
FY 97/98 Proposed Proposed
FY95196 FY 96/97 FY 96/97 CAP: FY97/98 FY97/98 FY97/98
Assmtl Collectionl Assmtl FY 96/97 Assmt! Collectionl Revenue
EDU EDU EDU Assmt + EOU EDU
CPI")
Open Space District No. 10
EI Rancho del Rey 6 & $83.00 $84.00 $84.91 $88.48 $88.48 $84.00 $52,951
Casa del Rey
,,) FY 97/98 assessment may he set at or below this cap without being subject to a majority protest.
Staff recommends that the assessment remain the same as FY 96/97 pIus a CPI of 4.2% as set forth in the Chula Vista
Municipal Code. However, staff recommends a collectible of $84 per Equivalent Dwelling Unit, which is less than the
assessment of $88.48, utilizing the fund balance to make up the difference. Funds are available to do this because of
prior years' savings and by adjusting the reserve balance. The reserve under this recommendation will be 63%.
/'/- /
Page 2, Item-
Meeting Date 6/17/97
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Parks and Recreation, Public Works, and Data
Processing. Contractual costs ($31,613) are outlined in Attachment B. These costs are recovered through the Open Space
District collectible, causing no net fiscal impact. The General Fund will be reimbursed $8,285 from the OSD fund for
FY 1997-98.
Attachments:
A District Map
B Estimate of Cost
H, IHOMEIENOI NEER\AGENDA IOSD IOPH 1. BOB
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RECEIVED
VI JIf -6 AlO :12
CITY OF CHULA VISì ¡\
CITY CLERK'S OFFICE
June 4, 1997 O~51'4.c,,-
Ùr'S]/,'c+:JÞ10
City of Chula Vista
City Clerk
276 Fourth Avenue
Chula Vista, CA 91910
Dear City Clerk,
I am writing to you in response to the annual proposed tax
assessment for maintenance of the Open Space District (see
enclosed Notice that we received).
This assessment is just another tax that really should not
be levied without a vote. We already have a heavy property
tax that includes Mello-Roos tax and for us comes to nearly
$3200 annually. I've been wondering if it's worth it.
Maybe if the City were more financially efficient additional
taxes (whether "new" or not) wouldn't need to be assessed.
Si~erelYro
cath~t"r
1116 Paseo Entrada
Chula Vista, CA 91910
/7-:.5
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ENGINEERI:-iG DIVISIO:-i Presort
276 FOURTH AVENUE First Class
CHULA VISTA, CA 91910 u. S. POstage
PAID
~(f? Permit #17
San Diego, CA
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CITY OF
CHULA VISTA AUTOCR********* AUTOCR ** C042
6403000500
Clint James R Webster-Cli Cath
1116 Paseo Entrada
Chula Vista, CA 91910-7011
OSD#IO 11,1"",111,1"",111'",1",111"""11",'1,,,11,11",1,,11
FY 96/97 $84.91
FY 97/98 $88.48
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COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests
individuals who may need special accomodation to access, and/or participate in a City meeting,
activity or service request such accomodation at least forty-eight hours in advance for meetings
and five days for scheduled services and activities. Please contact Frank Rivera for information
or to place your request at (619) 691-5266. California Relay Service is available for the hearing
impaired at 585-5647 (TOO).
/'-~
"- -/
COUNCIL AGENDA STATEMENT
Item / ç
Meeting Date 6/17/97
ITEM TITLE: Public Hearing to consider testimony on the FY 97/98 levy of assessment for
Eastlake Maintenance District No.1.
SUBMITIED BY: Director of Public Workst ~
Director of Parks and Rec eation
REVIEWED BY: City Manager(;,f{..16 (4/5ths Vote: Yes_NoX)
Based upon the advice of the City Attorney, agenda items /1 and ¡c5'have been separated due to
conflict of interest concerns. One Council member owns property subject to the proposed assessment in
this district. Council should note that agenda statement }..Jgives all background information and
details on open space districts in general which is applicable to this item, but does not include
specific information on Eastlake Maintenance District No.1 (ELMDl).
RECOMMENDATION: That Council:
1) Open the hearing, take testimony, close the hearing.
DISCUSSION: This agenda item is the yearly resolution to assess for open space maintenance within
Eastlake Maintenance District Number 1, a City open space district, located along East H Street and Otay
Lakes Road, adjacent to .SR 125" (Attachment A). Table 1 relates the present year's assessment to the
proposed assessment for the Fiscal Year 1997/98. Agenda item of tonight's agenda contains all the
general information regarding open space districts.
TABLE 1
PRIOR FY'S VS. FY 97/98 ASSESSMENT/COLLECTIBLE
OSD FY 97/98 Proposed Proposed
FY95196 FY 96/97 FY 96/97 CAP: FY 97/98 FY 97/98 FY 97/98
Assmtl Collection! Assmtl FY 96/97 Assmtl Collectionl Revenue
EDU EDU EDU Assmt + EDU 'EDU(4)
CPIO)
ELMD #1(1) $302,675
Eastlake I $9.32 $8.10 $9.53 $9.93 $9.93 $9.93
Eastlake Greens 15.24 10.65 15.59 16.25 16.25 16.25
OTC 126.20 0.00 129.10 134.52 134.52 0.00
Salt Creek I 168.32 167.74 172.19 179.42 179.42 179.42
TC Channel") 24.00 15.95 24.55 25.58 25.58 25.58
(I) All areas sbare in the cost of Otay Lakes Road medians and off-site parkways.
(2) Portions of Eastlake 1 BC and Eastlake Greens are in benefit area.
0) FY 97/98 assessment may be set at or below this cap without being subject to majority protest.
(4' The collectible is suhject to decrease pending final analysis of data by Parks & Recreation.
/5-/
Page 2, Item-
Meeting Date 6/17/97
Due to the various zones within ELMD 1, a map showing the proposed typical assessments by area has
been attached.
Staff recommends that the assessments for each of the areas remain the same as FY 96/97 plus a CPI of
4.2 % as set forth in the Chula Vista Municipal Code. In each of these cases, staff recommends an annual
coIlectible, as shown in Table 1, which is equal to the proposed assessment.
OlvmDic Training Center
On December 17, 1996, City Council, by Resolution 18528, approved an agreement to allow the Arco
Training Center to continue maintenance of the Wueste Road landscape improvements. It is now
anticipated that the turnover of improvements will occur in FY 1999/2000. Incorporated in the agreement
are safeguards to ensure the maintenance is performed to City standards and there are indemnity
provisions for both parties for the use of the paths along Wueste Road.
Staff recommends setting the coIlectible at $0 per EDU, since turnover of the improvements has not
occurred. However, in anticipation of future maintenance costs when turnover occurs, staff recommends
that the assessment remain the same as FY 96/97 plus a cpr of 4.2 % as set forth in the Chula Vista
Municipal Code.
FISCAL IMPACT:
Staff costs associated with the open space program are generated by Parks and Recreation, Public Works,
and Data Processing. Contractual costs ($103,242) are outlined in Attachment B. These costs are
recovered through the Open Space District coIlectible, causing no net fIScal impact. The General Fund
will be reimbursed $40,307 for City staff services from the OSD fund for FY 1997-98.
Attachments:
A D"ok< M~
B Estimate 0
C ELMD~ essment Map
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F, ill OME\EN GI N EER lAGEND A \OS ELMD P ,. 80 8
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CITY OF Hc:.;"f,,-nC41c«-
CHUlA VISTA D,'S+I,'cT #- i
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
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:_J,_aJII ~P.?se~_to this s,o_9..a].led assessme~t. It_~~_a tax o~;;::.,l;;.operty and
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The City Council will consider the annual assessment (proposed Fiscal Year 97/98) for
maintenance of the Open Space District areas at public hearings scheduled for:
June 17, 1997 (Tuesday) at 6:00 p.m.
July 15, 1997 (Tuesday) at 6:00 p.m.
The hearings will take place in Council Chambers, 276 Fourth Avenue, Chula Vista and are for
the purpose of taking testimony on the assessment proposed by staff. The hearings are intended
to provide an opportunity for property owners within the district to convey and express to the
City Council their support or opposition to the proposed assessment. At the second hearing
(July 15, 1997), the City Council will consider and may confirm the proposed assessment as set
forth in this notice or may choose to decrease the fmal assessment for Fiscal Year 1997/98 after
considering all public testimony. Please bl". advised that letters of support or opposition may be
filed during the public hearings or filed by mail prior to the second hearing at City of Chula
Vista, City Clerk, 276 Fourth Avenue, Chula Vista, CA 91910.
This assessment is not a "new. assessment. City Council considers the amount of the open
space assessment each year, takes public comments, and then determines the assessment amount.
The purpose of the annual assessment is to continue maintenance of the Open Space District
areas adjacent to or near property owned by you.
....
On the reverse side of this letter within the box, you will find the Open Space District Number
(OSD #), the proposed assessment (FY 1997/98) and your current assessment (FY 1996/97).
The proposed assessment equals your current assessment increased by cpr (estimated at 4.2%).
Please note that the City Council may choose to collect less than the assessment depending on
interest earnings, cost savings, etc. within the Open Space District Fund. The amount will be
collected in two installments on your property tax bill.
Your participation in this process is encouraged. Should you need additional information, have
any questions or wish to set up an appointment with staff, please call Frank Rivera, Department
of Public Works-Engineering at (619) 691-5266. "
H: Ihome lengineerllanddev Inotice la. frm
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ENGINEERING DIVISION Presort
276 FOURTH AVENUE First Class
CHULAVISTA,CA91910 u,S-p~~~tage
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::::::: ~ San Diego. CA
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CITY OF
CHUlA VISTA
AUTO ********** 5-DIGIT .91947
5952033300
Delucia Family Trust
]930 Granger Ave
National City, CA 91950-5330
OSD#ELMD 11,1..."111,1",1.1,11""1,1."11,.,11.11.,,,.11.11,,,,,1,11
FY 96/97 $9.53
Y 97/98 $9.93
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1930 Granger Ave. "
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COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabi-ities Act (ADA), requests
individuals who may need special accomodation to access, and/or participate in a City meeting,
activity or service request such accomodation at least forty-eight hours in advance for meetings
and five days for scheduled services and activities. Please contact Frank Rivera for information
or to place your request at (6]9) 69]-5266. California Relay Service is available for the hearing
impaired at 585-5647 (TDD).
\.
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COUNCIL AGENDA STATEMENT
Item No. /¿
Date June 17, 1997
ITEM TITLE: PUBLIC HEARING: Annual Rate Review for Solid Waste and Recycling
Services and Consideration of a Rate Decrease for Commercial Refuse
Collection,
RESOLUTION J ?'?ðJj Approving Rate Schedules Presented by
the City's Private Waste Franchisee for Solid Waste and Recycling Services.
SUBMITTED BY: Deputy City Manager
Conservation Coordinator ~~
REVIEWED BY: City Manager ~;Š~
4/5th Vote: Yes - No.x
BACKGROUND: This report describes the proposed refuse rates charged by Laidlaw Waste
Systems (L WS)!, the City's tranchised hauler. The report is part of a rate and service review that
occurs annually, and usually in June. Although some of the components of each solid waste service
may be proposed to increase and some to decrease, the overall effect on the final rates recommended
by staff represent a significant decrease for large generators (most commercial customers) and no
change for small generators (most single family homes). These changes would allow Chula Vista to
continue to have the lowest residential solid waste and recycling rate in the County and establish a
commercial refuse rate that is below the County average (Attachment A).
RECOMMENDATION: Adopt the resolution approving the attached rate schedules (Attachment
B) as maximum rates which are as follows: I) The average residential customer rate will remain
$13.09 per month, 2) The average rate for a large commercial refuse generator with once a week
service for a three yard refuse bin will change trom $91.62 to $76.15 per month, 3) The large
generator rate change will be effective 9/1/97.
BOARDS AND COMMISSIONS: The Resource Conservation Commission has reviewed the
service agreements for solid waste and recycling programs as they are developed or as service levels
change however, they do not review annual rate adjustments that do not effect service levels.
DISCUSSION:
Tr~<h RMf'- Strnrtllrf'-
Council approved a methodology in August 1991 for the calculation of refuse and recycling rates.
That methodology breaks down the rate payer's total cost of service into several components.
These components are briefly described as follows:
lLWS solid its solid waste operations in Janruuy of1997 to Allied Waste. Allied continues to operate locally under the name
LWS and all references in this agenda statement refer to the City's private waste hauler as Laidlaw Waste Systems Inc.,
(LWS). Council will have the opportunity to consider approval of the transfer under Item 17 on this evenings agenda.
/h -j
Page 2, Item -
Meeting Date 6/17/97
. Disposal (Landfill Fees) Component- Disposal fees paid to a landfill or transfer station
operator for solid waste disposal; amount set by landfill or transfer station operator. Landfill
costs are passed through directly to rate payers based on actual tonnages ITom the preyious
year and the anticipated fee or cost per ton charge for the upcoming year. Any shortfall or
overage in the projection for tonnages and cost per ton is adjusted in the following year(s).
. Franchise Fee Component- Collected by L WS, in the billing process as a direct pass-through
of costs and remitted to the City to offset public costs of maintaining streets, litter control and
code enforcement, etc.; amount is a percentage of gross receipts. The Chula Vista Municipal
Code has provisions for the franchise fee to increase by 1/2% each year until reaching a
maximum of 10%. The ITanchise fee is at 8% and has not increased since 1992/93.
Subsequently, Council also directed staff and L WS to not apply the franchise fee to new
increases in the tipping fee when those fees began to dramatically fluctuate in 1994.
. AB 939 Fee Component- Also collected by LWS, in the billing process as a direct pass-
through for administering city-wide solid waste and recycling services pursuant to Chapter
1095 of the California Integrated Waste Management Act of 1989, Section 41901 of the
Public Resources Code. The Council established this fee as I % of gross annual revenue.
Subsequently, Council also directed staff and LWS to not apply the AB 939 fee to new
increases in the tipping fee when those fees began to dramatically fluctuate in 1994.
. Recycling Program Component- cost of collection, processing, marketing, pubJic education
and administering the residential curbside, multi-family and yard waste collection programs.
These costs and revenues are added to applicable customers to produce their overall rate.
. Other Costs Component- L WS, cost of collection, transportation, capital investments,
administration etc. Per the Municipal Code, the franchised private waste hauler is limited to
one increase request per year based on the most recent consumer price index (CPI)
adjustment for the immediate area. L WS is not requesting an increase in this review.
Curbside Recycling Multi-family Recycling and Yard Waste Program Rate Structure
The residential curbside recycling program for single family homes began Citywide in February 1991.
Since that time, multi-family recycling and yard waste collection have been added to the list of
services provided to Chula Vista residents. The cost of these program services starts with the
operating costs (cost of collection, processing and marketing), public education, AB 939 Fee and
Franchise Fee. For curbside and multi-family recycling, that total cost is then reduced by the
following components:
Revenues- Income from the sale of materials collected and delivered to the processor for secondary
markets is appJied 100% (less processing fees and revenue from mixed paper and cardboard) to
reduce the cost of service.
Landfill diversion credit- The program receives a credit for each ton of material (except mixed paper
and cardboard) collected in the program and diverted to secondary markets instead of being disposed
of in a landfill. The credit is equal to the per ton landfill tipping fee for waste at the time.
/~-2
Page 3, Item-
Meeting Date 6/17/97
Grants or other funding sources- L WS, had initially received a start-up grant for capital expenditures
associated with recycling. Those costs have now been fully amortized as a credit against recycling
expenses. L WS also receives reimbursement for used oil and oil filter collection from a grant
sponsored by the California Integrated Waste Management Board Used Oil Recycling Program.
LWS has also received $30,000 to $35,000 in each of the past two years ftom the State Department
of Conservation, Division of Recycling (the program received $5,000 to $7,000 in previous years of
operation). Those funds are paid by the State to curbside programs, based on volume of current
collection to provide an incentive for additional container recycling. All grant and deposit or disposal
fee funds, no matter the source are applied to enhance service and reduce program costs.
The curbside yard waste collection program does not generate revenue from material sales. The
operating costs are based primarily on the collection, transportation and processing costs for the yard
waste collected through the program. AB 939 Fees and Franchise Fees are also included, however
the total costs are reduced by the landfill diversion credit described above.
In all recycling programs, rates are further adjusted at each review period based on estimates
compared to actual performance of these components. These rate components may be complex,
difficult to understand and cumbersome to track however, they have provided a mechanism to
monitor expenses, target cost reductions and return savings and revenues to rate payers. In the past
twelve months staff and L WS personnel have worked together to expand the recycling programs to
include curbside collection of mixed paper, cardboard, used oil and oil filters at no additional charge.
Staff and L WS have also worked together to reduce recycling processing costs by approximately
65%, and reduce yard waste processing costs by approximately 20%. LWS has presented staff with
an opportunity to further reduce collection/disposal costs by an additional 7%. These savings are
reflected in the enclosed rate tables (Attachment B). Staff and LWS have not developed a local
solution to the 1995/96 drop in recycling markets. However, the market has demonstrated a steady
but slow upward trend. Unfortunately, our residential rates are based on revenues ftom higher
markets that existed between 1994 and 1995.
Recommendations
Based on the above discussion, it is recommended that: a) the residential/small refuse generator rates
included in Attachment B and outlined herein on page 5 as Table I in (proposal 2) be approved
effective 7/1/97 and remain at $13.09 for a single family residence, and b) the rates for large
commercial refuse generators to be effective 9/1/97 and for a three yard bin collected once a week
decrease from $91.62 to $76.15.
In summary, those rates include the following adjustments and their justifications:
I. Disposal Component (Landfill Tipping Fees)
. Temporary surcharges for landfill tipping fee increases will be removed from
commercial and residential soJid waste rates resulting in component decreases.
Additionally, the disposal component of the residential and commercial rates are being
decreased to reflect the change in landfill tipping fees from $47.50 per ton to $32.00
per ton. /j;;~3
Page 4, Item -
Meeting Date 6/17/97
2. Franchise Fee Component
. The Franchise Fee Component is calculated as 8% of gross revenue as previously
authorized by Council and established in Section 8.23.040 of the Municipal Code. At
Council's request the fTanchise fee was not applied to increases in landfill tipping fees
beginning in 1994. The landfill rates are now well below the 1994 rate that was used
to justifY the change in applying the franchise fee calculation. Applying the current
8% rate previously authorized by Council will generate approximately $45,000 more
than the current method of calculation. The 8% fee will not represent a net increase
to the current rates paid by residential or commercial rate payers.
3. AB 939 Fee Component
. Council authorized the establishment of an AB 939 fee to be calculated as I % of
gross revenue. At Council's request, AB 939 fee was also not applied to increases in
landfill tipping fees after 1994. Recalculating the AB 939 fee as 1% of gross revenue
will reduce the amount of fees collected by approximately $13,000 (Attachment C).
4. Recycling Pro~ram Components
. Adjust program as appropriate to reflect revenue projections for material sales that
are based on previous fiscal year experience,
. Adjust program as appropriate to reflect a reduction in landfill diversion credit based
on the lower landfill tipping fees,
. Adjust program as appropriate to reflect an increase in revenue fTom program grants,
. Adjust program as appropriate to reflect savings achieved fTom reduction in yard
waste and recycling processing fees as well as other operational savings.
The montWy impact of the recommended changes on rates for commonly used services is illustrated
in Table 1:
/b-{
Page 5, Item-
Meeting Date 6/17/97
TABLE 1
TYPE OF SERVICE Current Rate Proposal I Proposal 2 Monthly
Change
Residential (single family homes) $13.09 $14.24 $13.09 -0-
Senior "Volume Rate" Program $ 7.23 $ 8.12 $ 7.23 $-0-
(Average I month cost for all
refuse & recycling services)
Mobile Home Park: coach to $ 9.23 $9.45 $9.23 $-0-
coach with Recycling
Other Small generators
2 (40) gallon carts collected:
I per week! $N/A $16.11 $14.24' N/A
I per week $15.63 $13.03 $13.03 <$2.60>
2 per week $28.06 $23.41 $23.41 <$4.65>
3 per week $41.40 $34.53 $34.53 <$6.87>
Commercial: one 3 yard bin
collected once per/wk $91.62 $70.94 $76.152 <$15.47>
'Lower rate only when scheduled on the same day as residential service for the area (includes yard
waste and recycling service and will allow more large generators to qualify for this lower rate)
2These rates are proposed to begin 9/1/97.
Other Issues
I. Proposal I vs. Proposal 2
Past losses in the recycling markets that effect residential/small generator rates, have been partially
offset by the reduction in landfill tipping fees and the reductions in processing costs negotiated by
Staff and LWS. However, there is still not enough revenue from market sales of recyclable materials
to maintain the low rates for residential/small generators established in the 1994/95 rate review. After
discussing with staff and analyzing relative costs L WS has presented an option that would lower large
generator rates as much as possible without impacting the rates of small generators. Although large
refuse generator rates could be reduced further (i.e. trom the proposed $76.15 to $70.94), the
additional reduction wouJd create further deficits in the total solid waste and recycling program and
would need to be offset by an increase in the basic residential rates trom $13.09 to $14.24.
Staff's recommendation is to approve the proposed service rates that provide large commercial
generators with a rate reduction without triggering an increase for more than 30,000 seniors, mobile
home residents, single family residents and small businesses. Staff is also recommending that all rates
be established as "maximum rates." Staff and the franchised agent will work with generators to
establish lower rates that reflect collection efficiencies unique to their refuse generation and reward
their source reduction, reuse, recycling and compo sting efforts.
/i> --5
/ /-. /~
Page 6, Item-
Meeting Date 6/17/97
2. Timing on Large Generator/Commercial Rate Reductions - (New Concept)
Finally, staifis proposing that the large commercial generator rate reductions take effect September
1, 1997 instead of 7/1/97. Anticipated but unpredictable changes in the weight per yard of refuse and
yard waste (due to weather conditions), the potential change in landfill tipping fees (from a change
in landfill operators), slowly improving markets for recyclables and additional savings from collection
and processing operations will continue to cause rate components to fluctuate.
Implementing the large commercial generator rate reductions on September I, 1997 will result in
rates that will eliminate the remaining deficit in the solid waste program and establishes a modest
reserve against increases that cannot be controlled by the City's ITanchised private waste collector.
The reserve is limited to the savings that will accrue in a two month period ITom July I, to September
I, 1997 (estimated at $130,000). The reserve will be held by the franchise agent and used to stabilize
rates in the next rate review in the same way that a reserve is used to stabilize rates for participants
in the City's Open Space Maintenance Districts. Staff and the City's ITanchised agent will need to
work diligently to achieve additional operational savings and increase market revenue to maintain
residential, senior, mobile home park and small business rates at their current low levels without
support ITOm the large commercial generators.
Staff is reviewing the effectiveness of the multi-family and commercial recycling programs, the
impacts of refuse generators not participating in the solid waste programs and fees that have not been
included in the annual rate review. Staff plans to return to Council within the next 90 days with
recommendations to address these issues and provide an update regarding the City's progress in
meeting the 50% landfill diversion mandate for the year 2000.
FISCAL IMPACT: Approval of the staffs recommended rates will result in an increase to the
general fund of approximately $45,000. The average rate payer (32,000 single family homes, senior
citizens, mobile home park residents and small businesses) will not experience any change in their
current rates. Chula Vista rates are thus expected to remain the lowest residential/small generator
rate in the County. Large generators will receive a significant rate reduction and Chula Vista
commercial rates are projected to below the average commercial rate for the County ($76.53) after
this adjustment.
)i-~
- RESOLUTION NO. ) ó 711
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING RATE SCHEDULES PRESENTED
BY THE CITY'S PRIVATE WASTE FRANCHISEE FOR
SOLID WASTE AND RECYCLING SERVICES
WHEREAS, Laidlaw Waste Systems has proposed changes to
the existing solid waste disposal and recycling rates that it
charges its customers in the City of Chula Vista; and
WHEREAS, the City has review and approval authority over
such rates pursuant to Chula Vista Municipal Code §8.23.090; and
WHEREAS, in accordance with Chula Vista Municipal Code
§8.23.090.B.7, the city Council properly noticed and held a public
hearing on June 17, 1997 to consider the proposed rate changes for
solid waste disposal and recycling; and
WHEREAS, the city Council considered all staff reports
and written and oral testimony presented at the public hearing; and
WHEREAS, although some of the components of each solid
waste service may be proposed to increase and some to decrease, the
overall effect on the final rates recommended by staff represent a
significant decrease for commercial customers and no change for
average residential customers; and
WHEREAS, these changes would allow Chula Vista to
continue to have the lowest residential solid waste and recycling
rate in the Council and establish a commercial refuse rate that is
below the County average.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the rate schedules
presented by Laidlaw Waste Systems for Solid Waste and Recycling
Services in the forms attached hereto and incorporated herein by
reference, with the Small Generator rates effective as of July 1,
1997 and the Large Generator rates effective as of September 1,
1997.
Presented by Approved as to form by
George Krempl, Deputy City Attorney
Manager
C:\rs\truh.rat
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COUNCIL AGENDA STATEMENT
Item-L2
Meeting Date 06/17/97
ITEM TITLE: Report on Requirements for Determining Viable Solid
Waste Disposal Contract Collection Options
Resolution /~7~OVing Conditionally the
Assignment of the Current City of Chula Vista Solid
Waste Franchise by Laidlaw Waste Systems Inc. to
Allied Waste Industries of Arizona Inc.
SUBMITTED BY: Deputy city Manager ~
Resource Conservation Coordinator :'\~~
REVIEWED BY: . t J1~)lJ (4/5ths Vote: Yes- No...lL)
CJ. Y Manager t,J.
On January 1, 1997, Allied Waste Industries of Scottsdale, Arizona
purchased Laidlaw Waste Systems Inc., the city' s solid waste system
collection franchiser. The Franchise requires compliance with the
Municipal Code which allows the city to cancel a contract where
there is a change of ownership unless City approval has been
obtained. In this instance no such approval was obtained. The
issue then is what action if any the City might wish to pursue.
RECOMMENDATION:
Approve the assignment of the Laidlaw Franchise to Allied Waste
Industries of Arizona subject to the following conditions:
1. That Allied enter into negotiations with staff regarding
various City issues prior to September, 1997 when the
City Council will consider the final five year option
renewal request for the Franchise to the year 2002.
2. That Allied acknowledge in writing their agreement to be
bound by the terms and conditions of the existing
franchise including, without limitation, Municipal Code
sections 8.24.110 and 8.24.120 regarding franchise
termination which is intended to--and for all future
assignments or changes of ownership shall-- require
written approval of the city prior to any assignment of
the franchise or change of ownership of the operating
company.
BOARDS AND COMMISSIONS RECOMMENDATION: N.A.
) 7----1
BACKGROUND:
City staff first heard about the potential for a sale of the
Laidlaw Solid Waste unit to Allied waste Industries of Scottsdale,
Arizona On September 18, 1996. Staff had some subsequent verbal
contact with Laidlaw and mentioned the Franchise provision and
requested additional information about the proposed sale and
financial "deal points" when said information was available. In a
meeting with Laidlaw on November 20, 1996, staff again inquired
about the issue and was advised that Allied believed no City
approval was required. Staff responded to the contrary but said the
question would be reviewed further with the city Attorney's Office.
Laidlaw asked to be advised as to that discussion. On December 3,
1996, the City reminded Laidlaw in writing of the Franchise and
Municipal Code provisions. On December 11, 1996, Allied Waste
Industries responded that they did not believe they needed City
approval, but if they did they requested that such approval be
obtained from the City council prior to December 31, 1996. A packet
of information about the financial aspects of the sale was also
enclosed. City staff responded that the last council meeting of
the calendar year was on December 17, 1996 for which the Agenda
deadline had already passed. In addition, some time would be
needed to review and analyze all of the material just received on
the transaction prior to being able to make a recommendation to the
City Council. The sale in any event became effective on or about
December 31, 1997.
After reviewing the fiscal data on the sale, the city, on February
24, 1997, sent Allied a letter requesting additional information
for review including audited financial statements, a list of other
jurisdictions that Allied provides service to which could serve as
a reference, and clarification as to Allied's operational intent
and long range goals with regard to Chula vista. A response to
those questions and backup material was sent to us on April 30,
1997.
SUMMARY OF THE TRANSACTION
Allied is the fourth largest solid waste company in the industry
with nearly $1.5 billion in assets. Based upon the prospectus for
the transaction provided to us by Laidlaw/Allied, the transaction
can be summarized as follows; Allied and its affiliates entered
into a Stock Purchase Agreement with Laidlaw and its affiliates for
the purchase by Allied of all of Laidlaw's non-hazardous solid
waste operations. The purchase price was set at $1,200,000,000 in
cash, 14,600,000 shares of Allied's common stock, warrants to
purchase 20,400,000 shares of Allied's common stock at $8.25 per
share, and debentures with a combined principal balance of
$318,300,000 payable in an indeterminate amount of Allied common
stock shares. The total value of this consideration was estimated
to be $1.5 billion. Basically, the sale was an exchange whereby
Allied would acquire Laidlaw's operations and in exchange, Laidlaw
would hold 20% of Allied's voting stock.
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However, it was recently reported in the May 26,1997 "Waste News"
that Allied had raised $230 million through the offering of senior
discount notes to complete the purchase of 26.4 million Allied
shares from Laidlaw and TPG Partners. The result of which is that
Laidlaw appears to no longer have any ownership interest in the
business.
In addition, it has been reported that Allied has subsequently sold
some of the assets acquired from Laidlaw Waste Systems including
the Canadian operations which accounted for almost half of the
original Laidlaw acquisition.
CITY APPROVAL AUTHORITY FOR ASSIGNMENT
Pursuant to Section 1203 of the City Charter and Section 8.24.110
of the Municipal Code the City reserves the right to approve any
proposed assignment of the Franchise. section 8.24.120 of the code
further provides: " A contract or franchise may be terminated at
the option of the council in the event there is a change of
ownership of any kind or nature of the operating company, unless
approval therefor has been obtained in writing from the council."
ALTERNATIVES:
A number of alternatives are possible in terms of actions by the
Council.
1. Approve the assignment of the franchise from Laidlaw to Allied
thus maintaining the status quo.
2. Disapprove the assignment and issue an RFP for solid waste
collection services. Provide Allied with a notice of
termination and a month to month extension under the current
contract until such time that a successful bidder is
determined and is prepared to begin service under the contract
provisions. Ideally, any disapproval should be based on
concerns regarding Allied's qualifications, track record, and
proposed program for providing franchise services.
3. Approve the assignment with conditions. Amongst other things,
indicate that the City will re-evaluate its service options in
conjunction with the last five year extension request of the
contract through 2002. Deliberation on this item will be
scheduled for Council consideration on or before September 4,
1997. In the interim, staff would enter into negotiations with
Allied. The negotiations would address a variety of service
and rate issues that the City and Chula vista rate payers have
had with the solid waste and recycling services provided by
Laidlaw Waste Systems in the past. The result could be a
mutually agreed upon amendment of the current Laidlaw
Franchise Agreement with Chula vista or a decision to go out
to bid for the services.
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DISCUSSION:
1. Status Ouo- Unconditional Approval of the Sale of Laidlaw to
Allied Waste Industries of Arizona. Inc..
In their written response to questions, Allied has indicated that
they do not anticipate any change in personnel or services in Chula
Vista as a result of the sale. They also say they are committed to
Chula Vista as an organization, and it is their practice to work
closely with their municipal partners. Business will proceed
uninterrupted.
Over the past several years, staff has been able to work with
Laidlaw even though there have been a number of ongoing issues with
them. These issues are further discussed under alternative 3. If
the assignment were approved that relationship could simply
continue as it has previously. Allied indicates they are committed
to being our low cost provider and are willing to pursue cost
cutting opportunities including automated residential service and
unit pricing should the city be interested. The financial
statements indicate that Allied has the resources and capability to
be able to continue to provide services to Chula Vista.
Another factor in any decision could be Allied's goal to link waste
collection operations within an area with the waste disposal at
company owned landfills where possible. This profile fits their
company strategy in other communities and markets. As such, Allied
responded to the County of San Diego's request for proposals and is
a finalist for bidding to acquire the County Solid Waste System. A
determination will be made by the County later this year. What
bearing this might have on the service and costs to the City is
unknown at this point.
Allied provided four references of other cities that they have
contracts with- Lake Havasu City, Arizona; City of Royal Oak,
Michigan; City of Grapevine, Texas; and the City of Hurst, Texas.
Staff is checking those references and will provide a verbal update
to Council at the meeting.
2. Disapprove the Assiqnment
An argument could be made to disapprove the assignment, but in
staff's opinion this would not be the best court of action at this
time. First, in staff's view, on paper Allied does demonstrate
good qualifications to operate the franchise. Second, we have not
yet availed ourselves the opportunity, through negotiations, to
explore the opportunities and advantages that might ensue by being
able to capitalize on Allied's size and vast resources in the
marketplace. This could prove helpful and beneficial. Third, the
issue of the pending sale of the County Landfill System as
mentioned in alternative I above could create new opportunities for
the city should Allied, as an example, both own the Otay Landfill
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/7-1'
and also be our franchised hauler. Fourth, Laidlaw/Allied has
argued that they don't believe that Allied's acquisition subjects
them to City Council approval. We disagree. However, in light of
their views on this issue, Laidlaw/Allied might attempt to legally
challenge a disapproval of the assignment. since the city has a
decision corning up in just a few months to renew or bid out the
franchise, a decision adverse to Laidlaw/Allied at this time, that
they might challenge, may not be advisable.
3. Conditional Approval of the Sale of Laidlaw to Allied Tied to
the Citv's Five Year Extension Option Review in September.
1997 and an acknowledament that no future assianments will
occur without prior citv approval
A third alternative would be to enter into negotiations with Allied
with an eye toward possibly continuing the franchise but
negotiating improvements and changes to it as well as the services
and costs to the city. This would also be a prelude to the fact
that the City will need to act on a five year extension option to
the franchise with Laidlaw this September.
There have been a number of ongoing service issues with Laidlaw
over the years, some major and some minor. The issues have
involved public education efforts, customer service,
administration, equipment and costs. As an example, regarding
education, at times Laidlaw has made changes in how and when they
collect materials without, in staff's view, adequately informing
the public or following up with adequate public education. This
criticism applies to program activities as well.
As to customer service, response time and telephone systems have
been a problem from time to time as well as perceived treatment
from Laidlaw staff and drivers.
with regard to administrative matters, reports on solid waste and
recycling programs are frequently late and sometimes incomplete. By
way of illustration, Laidlaw has also been slow sometimes to
respond to requests for program adjustments and litter containers.
Program adjustments for yard waste, recycling and trash have often
taken longer than necessary in the city's view. Also Laidlaw
sometimes increases costs for certain items such as bin rental
without consulting the city but the City then receives the
complaints from the public about the cost increases.
It appears to city staff that part of the problem may be that key
Laidlaw personnel are often stretched too thin and backup resources
unavailable. Local Laidlaw and city staff have at times been in
complete agreement as to how to address certain issues but Laidlaw
Corporate has been unresponsive. Having a new owner will not
necessarily improve the timely response to problems. There is
probably a learning curve in the best of circumstances before a new
company is willing to make any substantial new capital investment.
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In spite of Allied's statements to the contrary, it is not clear
since they just sold Laidlaw's Canadian operations, as to what
their long range plan for Chula vista may be.
In terms of equipment, some collection vehicles are old which can
add to collection costs, places limitations on programs and results
in litter. Recycling containers still do not contain requested
identification of "Chula Vista" nor a warning regarding theft of
recyclables. Bulky item pickups have also at times not followed the
policy as to the number of items that will be picked up leaving
some items to be picked up at a later date. These represent some of
the areas where improvements could be discussed.
As to cost, commercial rates have often been amongst the highest of
the eighteen cities in the County and residential rates have
fluctuated widely even in spite of the lack of stability of the
tipping fee at the County. By way of background and explanation,
the two most significant factors in solid waste collection costs
are transportation (the distance between route completion and the
landfill) and volume (the total amount of waste collected within a
geographical area). with the Otay Landfill in the city's backyard,
one would expect the rate to be one of the lowest in the County
since transportation costs are minimal compared to those of many
other jurisdictions. Also, Chula Vista has a relatively high
density of dwelling units within the developed portion of the city.
As Council is aware, operational as well as CPI, increases proposed
by Laidlaw have often been contentious with disagreements as to
their justification and applicability.
While option #3 doesn't call for going out to bid now, it preserves
the city's flexibility to still make that decision. Some
productive changes could evolve by negotiating with Allied prior to
the September option renewal date. If not, an action could be
taken by the Council to go out to bid in September.
CONCLUSION:
While there are pluses and minuses to each option, staff supports
option 3. Under this conditional assignment approval, additional
discussion and negotiation will occur prior to the September
consideration of the five year renewal option. Also, the clear
understanding would be that the City would have the option of going
out to bid at that time.
FISCAL IMPACT:
Unknown at this time. Laidlaw currently offers the City one of the
lower residential collection rates but one of the higher
commercial collection rates in the County.
6
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RESOLUTION NO. ¡if/os
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CONDITIONALLY THE
ASSIGNMENT OF THE CURRENT CITY OF CHULA VISTA
SOLID WASTE FRANCHISE BY LAIDLAW WASTE SYSTEMS
INC. TO ALLIED WASTE INDUSTRIES OF ARIZONA,
INC.
WHEREAS, on January 1, 1997, Allied Waste Industries of
Scottsdale, Arizona purchased Laidlaw Waste Systems Inc, the City's
solid waste system collection franchiser; and
WHEREAS, the franchise requires compliance with the
Municipal Code which allows the City to cancel a contract where
there is a change of ownership unless City approval has been
obtained; and
WHEREAS, in this instance, no such approval was obtained;
and
WHEREAS, staff recommends the City Council conditionally
approve the assignment subject to the conditions set forth
hereinbelow.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby approve the assignment of the
current City of Chula Vista Solid Waste Franchise by Laidlaw Waste
Systems Inc. to Allied Waste Industries of Arizona, Inc. subject to
the following conditions:
1. That Allied enter into negotiations with staff
regarding various City issues prior to September,
1997 when the City Council will consider the final
five year option renewal request for the Franchise
to the year 2002.
2. That Allied acknowledge in writing their agreement
to be bound by the terms and conditions of the
existing franchise including, without limitation,
Municipal Code Sections 8.24.110 and 8.24.120
regarding franchise termination which is intended
to--and for all future assignments or changes of
ownership shall-- require written approval of the
City prior to any assignment of the franchise or
change of ownership of the operating company.
Presented by Approved as to form by
,
George Krempl, Deputy City
Manager
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY MANAGER
February 28,1997
.y
Mr. Don slager, Regional vice President CPJf'
Allied Waste Industries of Arizona, Inc.
Thûnderbird Executive Park
7585 East Redfield Road, suite 106
Scottsdale, Arizona 85260
Re: Sale of Laidlaw Waste Systems to Allied Waste Industries of
Arizona, Inc.
Dear Mr. Slager:
Thi's is a follow up to my letters to you and Mr. Higgins dated-
December 3,1996 and December 13,1996, respectively. At that time
we advised you that under the terms of the city's current solid
waste franchise (the "Franchise"), city approval was required for
any change of ownership of the franchisee. Such a change occurred
on or about December 31, 1996 when Allied acquired Laidlaw's non-
hazardous solid waste operations, including those serving Chula
Vista.
We have reviewed the summary of this transaction that you provided
us (and your shareholders) in mid-December. Based, in part, on
this information, on my staff's conversations with Laidlaw/Allied
representatives, and on our review of the applicable Franchise
terms and laws, we are now in the process of developing a staff
recommendation on your proposed succession to the Franchise. In
order to finalize this process, we will need your response to the
following questions and information requests:
1. If Allied were to be approved as the Franchise
assignee, what changes does Allied contemplate, if
any, over thè short, mediUID or long term with
respect to its conduct of the Franchise? (For
example, changes in management, equipment,
collection system, disposal location, pricing,
etc.)
2. Is Allied prepared to move forward on the proposals
that Laidlaw Waste Systems had previously presented
regarding detachable refuse collection bodies,
short or long haul options and unit pricing?
/7-[5"
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691-5031 . FAX (619) 585-5612
?:~ ...<----
Mr. Don Slager February 28, 1997
3. Laidlaw has historically said that the Chula Vista
recycling program has a marketing advantage through
Laidlaw Resòurces. That advantage has reportedly
provided access to market agreements throughout
North America. with what we understand is a
pending sale of Laidlaw's former Canadian
operations to USA Waste and perhaps other market
sales as well, how will Allied approach marketing
of recovered materials in Chula Vista?
4. Collection and processing costs for Chula vista's
programs have been comparatively high, commercial
rates have been high and residential rates have
fluctuated dramatically over the past three years.
Does Allied have any sub-contracts or special
relationships for collection, processing, marketing
or disposal that could be used to immediately
improve Chula Vista's quality of service and/or
lower costs?
5. Please identify any and all solid waste or
recycling facilities or systems in the region in-
which Allied is contemplating acquiring an
interest.
6. Please provide a list of comparable jurisdictions
(in size and/or population) to which Allied
currently provides solid waste removal services.
Please provide for three such jurisdictions (a)
copies of all relevant franchise or contract
documents, and (b) the name and telephone number of
a knowledgeable contact person employed by that
jurisdiction that we can call as a reference.
7. Please provide a copy of Allied's audited
financials for the previous three (3) years.
8. Please provide any other statements or materials
which you may deem relevant to our determination as
to Allied's qualifications to provide first class
service under the Franchise.
Once we are in receipt of and have reviewed your responses, we will
then be able to present your proposed Franchise assignment, along
with staff's recommendation, to the City Council for its
consideration.
In the event that the city Council approves your proposed
assignment of the Franchise, as I am sure you know, in September of
this year you will again be required to solid t city Council
approval--this time as to whether or not to renew the Franchise for
/7-1
CiTY OfCl:fU!A\llSIA
Mr. Don Slager February 28, 1997
an additional five years. At that point the City council will be
asked to decide whether or not to (1) approve a Franchise renewal
on the existing terms, (2) åpprove a Franchise renewal subjeèt to
appropriate terms and conditions for the renewal, or (3) to re-bid
the Franchise.
Thank you in advance for your cooperation in these matters. We
look forward to hearing from you and receiving a response to our
questions as well as an opportunity to discuss the issues with you.
We may also want to put our respective attorneys in direct contact
to discuss any legal issues involved. Our attorney currently
staffing this matter is Glen Googins, Deputy City Attorney, who can
be reached at 691-5037.
Sincerely,
!:::O6~¿;~~£
John D. Goss -.--e-
City Manager
-
cc: John M. Kaheny, city Attorney
George Krempl, Deputy City Manager
Dan Higgins, Gen. Mgro, Laidlaw Waste Systems
H: Iho.elattorneyltrllh.ltr
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY MANAGER
¡j¡IJ FIl If: December 13, 1996
-
Mr. Don Slager, Regional Vice President
Allied Waste Industries of Arizona, Inc.
Thunderbird Executive Park
7585 East Redfield Road, suite 106
Scottsdale, Arizona 85260
Dear Mr. Slager,
Thank you for your recent letter of December 6, 1996 as well as
your FAX of December 11, 1996 in reply to my December 3, 1996
letter to Mr. Daniel Higgins. As mentioned in my letter to Mr.
Higgins, our franchise agreement with Laidlaw and Municipal Code
give our city Council the option to terminate the franchise in
the event of a change of ownership of any kind unless a prior
approval in writing has been obtained from the Council.
I understand from the December 11, 1996 FAX that in response to
our request you would like the City Council consideration of
approval to occur prior to the close of the transaction which is
scheduled for December 31, 1996. Regrettably, due to scheduling
time frames in docketing items for Council consideration, pre-
requisite staff work required in preparing agenda items and the
holiday period when normally scheduled meetings will not be
occurring, preclude us from taking an item to the Council within
your requested time frame in December. The Council's last
meeting of the year is in fact on next Tuesday, December 17.
We appreciate receiving the information you sent with regard to
the sale transaction proposal. We would also welcome the
opportunity to meet with you.
Sincerely,
~~¿L
v~ City Manager
JDG:mab
CC: Mayor/Counci 1
City Attorney
Dan Higgins, Laidlaw
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276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910 . (619) 691.5031 . FAX (619) 585.5612
"¡;;""""""""""'"..
- u nun unnn un
12/11/96 irED 1 i: 00 FAX 602 596 5416 All WEST REGION IiìJ 002
A W Allied Waste Industries of Arizona, Inc.
Thunderbird Executive Park. 7585 East Redfield Road, Suite 106 . Scottsdale, Arizona 85260
December 11,1996
John D. Goss, City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Goss:
I am in receipt of your letter indicating that the City of Chula Vista, per the Chula Vista
Municipal Code, needs to provide approval of the proposed sale of Laidlaw Waste Systems to
Allied Waste Industries, Inc. Although we do not believe that approval of this proposed
transaction is needed, in response to your request to provide consent, I am requesting that the
consideration of the proposed transaction be brought before the City Council prior to the close of
the transaction. The transaction is scheduled to close on December 31, 1996; I respectfully
request that approval be considered prior to that date so that approval does not impact the
closing of the transaction.
I have enclosed the information concerning the sale transaction proposal that you
requested. This excerpt from the proxy statement summarizes the transaction. We will be
forwarding an original copy of the proxy statement to you.
After the sale to Allied Waste Industries, Laidlaw Waste Systems commits to continue
providing low cost quality waste end recycling services to the City of Chula Vista. As an
organization we will continue our PFlrtnership with the City of Chula Vista in providing waste and
recycling solutions for the City of Chula Vista. As the City's service provider, we will maintain
our commitment and support to the community of Chula Vista.
I would be pleased to meet with you at your earliest convenience to discuss your waste
and recycling needs and the City's approval of the proposed transaction.
Slb, ~
D n Slager
Regional Vice President
West Region
cc: Mr. George Krempi,
Deputy City Manager
, ) 7-/2
Phone 602/596-5314. FAX 602/596-5316
17:01 FAX 602 596 5416 All WEST REGIO!( 141003
4: 1 PM ALLIED WASTE INDÜŠT'R"ÏÊ:;'" '"°p. 2/6 . -, -,-
ALLIED WASTE INDUSTRIES, INc.
7201 East Camelback Road, Suite 375
Scottsdale. Arizona 85251
December 7, 1996
Dear AUied Stockholder:
You are invited to attend II special meeting of stockholders (the "Special Meeting") of Allied Waste
Industries. Inc, ("Allìed") to be held al the Arizo!!a Club, 7150 EllSt Camelback Road. Scottsdale, Arizona
85251, an Friday, December 27. 1996 at 10:00 a.m., Scottsdale, Arizon" time.
At the Special Meeting, YOll will be a.;ked 10 (i) approve in connection with the Transactions (as defined
in the neXt paragraph) the issuances (the "Issuances") (a) at the closing (the "Closing") oflhe TnmsactÍons.
of 14,600,000 shares (the "Stock Consideration") of AWcd's cammon stocle. par value 5.01 per share (the
"Cammon Stack") and of a walTan! (the "Warrant") to purchase 20,400.000 shares of Common Stack at an
exercise price of 58.25 per share and (b) at a time after the Closing, of 20.400.000 shares of Common Stack
issuable an exercise of [he WarT', J t, subject to adjustment upon the OCCllIT"'nCe of certain events (the
"EJC;ercise Shares"), and of a currently indeterminate number of shares of Common Stock (the "Debenture
Shares") issuable as payment of the principal of or inlorest on a 7% Junior Subordinated Debenture of .
subsidiary of Allied in the prineipal amount of 5150.000,000 and on a Zero Coupon Junior Subordinated
Debenture of a subsictiary of Allied in the principal amoum of $168,300,000 (the two debentUres are
collectively TC:fcm:d to as the "DebentUres"); and (ii) approve an amendment to A1lied's certificate oî
ineorponrrion which will incrcase the number of authorized shares of Common Stock available for issuanee
from 100,ODD.OOO to ZOO.OOO,OOO shares (the "Amendment").
You are being asked 10 approve and adopt the Issuances and the Amendment in connection with i\llied's
recemly announced agreement to acquire the non-hazardous solid waste operations oî Laidlaw Inc., a
Canadian corporation ("Laidlaw"), pursuant to the Slack Purchase Agreement (such agreement, the
"Agreement" and rhe tr:msacûons contemplated by such Agreement. the "Transaetions") "moni Allied.
i'JIied WaSte North Americ:!. Ino., a D~lawar. corporation and 0 wholly-owned subsidiary of Allied ("A1lied'
U.S,"), Allied Waste Holdings (Canada) Ltd.. a Can.dian corporation and a wholly-owned subsidiary of
A!lied U.S, ("AHied Canada": Allied. Allied U.S. and Allied Canada are colJectiveiy refelTed to as the
"Allied Parries") and Laidlaw, Laidlaw Transportation, Ine" " Delaware corporation and an indirect whony-
owned subsidiary of Laidlaw ("L TI"; Laidlaw and L TI are collectively refeITed to as the "l.idlaw Sellers"),
Laidlaw Waste Systems. Inc.. a Delaware corporation and a wholly-owned subsidiary of LTI ("LWSI").
Laidlaw Waste Systems (Canada) Ltd.. a Canndian corporotion and a wholly-owned subsidiary of Laidlaw
("LWSC") and Laidlaw Medico! Services Ltd., a Canadian corporation and a "'hony-owned subsidiary of
Laidlaw ("LMS"). The Agreement provides [hat the purchase price to be paid by Allied ",ill consist of
SUOO,OOO.ODO in c"sh. the Slock Considerotion. the Warrant and the Debentures (collectively, the
"Acquisition Consideration"). Allicd estimates the total dollar value of the consideration to be p.id by Allied
to be approximately $L5 bilJion. Following the consummation of the Transactions. Laidlaw will own
approximately 20% of the votin ¡ stock of Allied. which amount docs not include the Exercise Sh~re;, since
Laidlaw can exercise the Wa\'1"J.nt only upon a cbange of control of Allied. AS a result. the equity o"",eßhip of
Current stockholders ..iII be reduced and. if certain financial benefits and operational efficiencies anticip~led
by Allied in connection with the Transactions are not achieved. the Transactions may result in a dilution of
earnings On ~ per shure hasis. See "The Transactions - Reasons for the Trmsactions" in the accompanying
Proxy Statement. The enclosed Proxy S[~tem.nt summarizes ¡he material terms and conditions of the
Agreements which arc a[lnched to the Proxy Statement as Exhibit A. Please review and consider the enclosed
materials. including the utt.ched Exhibits. c"refully.
Although Delaware law does not require stockholder approval for the lSsuances, the rules of Ihe
Nasdaq/NMS applie:>ble to Allied require such stockholder approval. and the dosing of the Transactions is
/7-;3
12/11/96 WED 1 ï: 03 FAX 602 596 5416 All wEST REGIa", ~004
.DCC 11 .'9b 04: 18PM RLLIED WRSTE INDUSTRIES P.3/G I
I
contihg~nt on such approval. Allied's Board of Direclors (the "BolITd of Directors") and I have carefully
considered and have unanimously approved the term$ and conditions of tho Agreement, the Issuances and the
Amendment and hope you will give your approval to the Issuaneos and the Amendment. In reaching it!
conclusion, tho Board of Directors considered, among other things, an opinion dated September 17. 1996 of
Goldman, Sachs & Co.. an investment bankin¡ firm ellia¡ed by Allied, tbat. as of the dalc of such opinion, tbe
Acqui,ition Consideration to be paid to the Laidlaw Sellers by tbe Allied Parties pursuant te the Agreement
was fair to Allied, sucb opinion being attached to this Proxy Statement as Exhibit B.
The respective ohligations of the Allied Parties and tbc Laidlaw Sellcrs to consummate the Transactions
arc conditioncd upon. ~mon8 other tbines. the approyal of the Issuances 8.IId the Amendment by the
stockholders of Allied. at tbe Special Meeting, If either the Issuances or tbe Amendment is not approved, then
¡he Transactions cannot be consummated. noturithnanding that tbe other proposal may haye been approyed by
tbe stockholders of Allied,
Ih yie'" of the imponanœ of tbe actions to be taken at the Special Meeting and sinee yotes that are not
cast ar=, in e!fect, counted as a vote "against"' tbe Amendment, we urge you to read the accompanying Proxy
Statement carefuUy and, reeardless of tbe number of sbares you oWl!. We request that you complete. sign. date
and return the enclosed proxy card promptly in the aceompanying prepaid enve]ope. A proxy may be ,evoked
by 8 later dated, properly executcd proxy. You may. of course, attend the Special Meeting and vote in person.
even if you bave previously returned your proxy card.
Sincerely,
~f,~
ROGER A. RAMSEY
Chairma,. of the BOtIrd a,.d
Chief Executiye Offi.er
) 7-;{
-nn_-u --------------------------------------------------------------------.
12/11/96 liED Jï:04 FAX 602 596 5416 All' WEST REGION ~005
C IT '96 04: 18PM ACCÏËDWÃsi'Ë"ÏÑI5ûSTR'f['; P.4/6
SUMMARY
The following ¡" a summary of cerlain informal!on cornalned elJ'ewhere in Ihis Proxy Statemem, As used
herein, th, ttrm "Proxy Siallmfm" includes the e::chib!tl atrached herr/o and lhould be read.in conjunction
,herewith. The info"narion contained in this summary is qualified in ils entirely b'-If and should he read in
conjunction wirh mare de/ailed information conlained in ,his Proxy Slolement. Unless olherwise indicaled,
capitalized lerms used in rhis summary are difin.d in the GloJSary of Te"ns or elsewhere in this Proxy
S'a',me.'.
Allied "..................... Allied is a vertically-integrated solid \IIaste' management company pro-
viding non-hazardous waste collection, transfer, recycling and disposn!
services to ove, 414,000 residential and commercial customers located
primarily in the midwestern, southwestern and southeastern United
States. Allied conducts its operations through 41 collection companies,
24 transfer italions, 22 landñili and ~ recycling facilities in 12 states.
DuriDg the lisc:aJ year ended December 31, 1995, Allied had revenues of
S217.5 million and net income of $12.4 million. On December 5, 1996.
the closing price of the Common Stock on the Nasda.q/NMS was $9.125
per share.
Tho Acquired Subsidiariei , , , . ., The Acquired Subsidiaries provide solid waste collection, compaction.
disposal, recycling, resource recovery, transponat;on, and transfer ser-
vices to approJÙmately 260,000 commercial, industrial and apartment
building cUstomers, and 4.1 million residential customers. The Acquired
Subsidiaries conduct their operations through 16 transfer Stations. 31
landfills and 21 recycling facilities in 15 states and 7 Canadian provinces,
During the lisea] year ended August 31, 1996, the Acquired Subsidiaries
had re""nues of $763.5 million.
TheTta¡¡sactions...,...,...... Allied will acquire the Acquired Subsidiaries, througl1 which Laidlaw
conducts substantially all of its solid waste management operations, for
consideration of (i) $1,200,000.000 in casb, (ü) 14,600.000 shares of
Common Stock., (iii) the 7% Debenture, (iv) the Zero Coupon Deben-
ture and (v) the Wan-ant. The tenns and <:ondilions of the Transactions
are set forth in the Agreement and in the exhibits to tbe Agreement. The
Agreement and selected emibitS to the Agreement are attached as
Exhlbit A to this Proxy Statement, The description in this Proxy
Statement of the A¡rccment, the TriL/ISactions and their terms and
conditions is qualified in its entirety by reference to the Agreement and
the pertinent exhibitS thereto. and is nOt, and docs not purpo "[ to be.
oomplete, The WÞmlQt is for tbe purchase of 20.400.000 shares of
Common Stock at an e¡o;ercis<: price of $8.25 per share and expires tWelve
years from the Closing Date. Both the number of sharcs purchasable
u lOn exercise of the Warrant and the exercise price are subject to
adjustment under oenain circumstances. Laidlaw and its Affiliates may
e:terd.. the Warnu" only after the oceum:ncc of a Change of Control of
Allied (as defined in tho W&lT&IIt). Laidlaw is pennltted to transfer the
Wammt only if certain conditions are met. See ~The Agreement-
I AcquiSition Considoralion - Warr:m¡ Consideration," Allied estimatos
the total dollar value of the consideration to be paid by Allied to be
I approximatelY S1.5 billion. Following the consummation of the Transac-
: tions, Laidlaw will own approximately 2QIÆ, of the voting stock of Allied.
I which amount does nOt inelude the E.ercise Shares. since Laidlaw can
i exercise the Warrant only upon a cl1ange of control of Allied. As a result.
. the cquity ownership of current stockholders will be reduced and, if
--------
: / / /-/J
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12111/96 \lED 1ï: 05 FAX 602 596 5416 Air \lEST REGI0\" ~006
bEC 11 '96 04: 18P~1 ALLIED WASTE INDUSTRIES P.5/6
Disc:ussions continuod through tbe next two weeks. and the parties agreed to meet in New York Ci1y
be¡:innin¡¡ the week of September 9 in an effort to finalize ne¡:otiations on tho term. of tbe acquisition and the
acquisition agreem ts. A draft of the stock purchase agreement was e~lated to Allied's Boan:! of Directors
on September 12. T!ì Board of Directors met by telephone on September 13 to discun tb. Cumnt form of
the transaction and tbe 1$ of tbe agreementS. The Board of Directors concluded the meeting by instructing
management to proCeed wi final negotiations premised an é.rtain changes in the terms of t e consideration-
The Board of Directors also . cted management to obtain a uhighly confident" lel1 relardÎng a senior
subordinated debt olfeñng and a mitment letter feaarding a bank finanein¡:,
NéW drafts of tho acquisition a¡ . ents were distributed to the Boan:! 0 JJ"eCton during tbe ne tt few
days, and Allied and Laidlaw, their leg ounsel md AUled's investm banking advisors continued to
negotiate detailed tonns of the agreements. on eptcmber 17, the Bo of Directors met tWÍce to diguss tbe
lin"¡ proposal and definitive agreements, ,,'hieh re ¡m:>vided Board of pirt:c:ton in adVII:DÇC of tbe
meeting. Laidlaw's board of c!ircctors also met em S b to review and approve the acquisition. After
responding to questions reß8l'ding the ñn,.¡ tenns, due enee, ñnancing commitments, and operating and
mana¡¡cment issues, representatives of Gold~ &cbs de' cred its opinion that, as of the date of such
opinion, the Acquisition Con.sidcration to aid to the Laid!. ellers by tbe Allied Parties pursUllIJt to the
A~eInent was fair to Allied. AlIi so received a commitment 1 r regarding bank financing and a bighJy
confident letter re¡ardine ering of senior subordinated debt, -the pI eds of which would be used to fund
the Cash Considerati , 0 ",ñnanee existing debt, and to provide Allied WI wor1áng capital, letter of credit
and acquisition cin¡ after consummation of the Transactions. The Board 0 cton snd Laidlaw's board
of dirccto oth yoted to authori... management to exeeute the definitive açecmen the form presentee! to
their spcctÎvc boards. assuminl no mateñal changes were made prior to execution. La that evening, tbe
elnent was exeeuted, and on September 18, the parties jointly amlounced the e uuon of the
Agreement.
Reasons for tho Transactions
In evaluating the A~ement and tho Transactions, tho Boan:! of Directors of ~ considered a variety
of factors in thc eante:r..1 of its strategic objectives of developing a national, vertically-integrated solid wastc
manaeement company with a broad geographic base of operations. In approving the transaction¡ RIId
concluding that it is in the best interest of Allied and its stockhoJders, tbe Board of Directors considered the
followin¡ anticipated benelits:
L The Tl'IIILSactions arc ecnsisìent ",ith AI1ied's long-t~rm objective of delivering stockholder value
by growth throu¡h acquisitions and internal development.
2. Assumb>g that anticipated market integration initiatives arc completed md projected ñnancial
benefits and operational et!iciencies are noalized, the Transactions should be accretive 10 future eamings
per share and cash fio",. Allied's market integration initiatives w:ìJJ inelude making "tuck-in" acquisitions
of local soUd waste companies and jntornalizing waste lIows to strengthen its market position and improve
operating margins.
3. The Transactions will accelerate Allied's growth by allowing it to enter 17 new markets it does Dot
eulTenúy serve. Allied currently opemtes in markets in Añzona, Colorado. Georgia. lllinais, IndÍ3Da,
Mis.oun, Nebraska. New Mexico. North Carolina, South Carolina, Texas and Wyoming. The Transae-
tions will allow Allied to enter into markets in MlISSacbusetts, New York. Maryland. Ohio, Kentucky,
Miehigan, Oklahoma, Utah, CaliCornia, and Hawsli and the Canadian provinces of Quebeç, Ontario,
Alberta, British Columbia. SaskAtchewan, Manitoba and Prinee Edward Island, thus e¡¡pa.ndin¡ the scope
and geographic bllSe of Allied's operations.
4. Allied anticipates that combining its operations with those of tho Açquired Subsidiaries will
increase revenUt5 and profits. Managoment believes that there are opportunities for substantial cost
savings including the elimination of redundant overbead and operating expenses and the tealization of
other vaJuable business synergies IillJd operational efficiencies. Allied expects to realize approximately $67
million annually in financial henefits and operational efficiencies. Management expects to e1imina-te
..J-4 J 7-/t. I
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---.- ~ ~---~ - --- - - "':'-~!'.!J.6----".!L6 - .,11 WEST REGIO'\ 14100;
DEC 11' 96 04: 19PM RLLIED WASTE INDUSTRIES P. 6/6
approximately $1 g million in annual Laidlaw corporate charges and allocations immediately fòllowing the
Tnmnctions. Th..è include: (i) approximately $8 million of insunnce charges paid by the Acquired
Subsidiaries to the Laidlaw Sellers which, in manage:ment's opinion, exceed its estimate: of market rat..
using Allied's current insurance rates, (iì) approximately $5 million of estimated insurance cost
reductions derived from management's estimal~ of lower rates n:sulting from volume disCQunt. that it
expects once the cperations are combined and (ill) the elimination of appro"imately 5S million in
management fees char¡ed to the Acquired Subsidiaries by Lnídlaw. In addition, manageIOent bas
estimated thai Allied should achieve approximately $29 million in annual saving¡¡ from the reduction of
certain regional administrative and field personnel and related overhead and facilities. Theae iDclude
(a) approximately $27 million related 10 the elimiñation of oosts related to the Acquired Subsidiaries for
corporate and regional general and administrative functions offset by SIS million of such CQIU TCqujred to
support these functions at Allied's corporate hesdc¡uanerS, (b) approximatelY $26 million related to the
elimination of costs related to the Acquired Subsidiaries corporate, regional and divisional sales fuocûons
offsct by $12 IOillion of such casu required tQ support these: functions in accordance with A.!lie:d's
operating policies and (c) approximately S3 million related to costs of duplicate field operatinc facilities
and manageme:nt Management expects to rewe approximately $20 million of cost s..vinlS through
operating efficiencies such as (y) appro>ûmately $4 million combinin¡, optimi7.iog and eliminating
redundant collection routes and (z) approximately $16 million from internalizing waste disposal.
Management anticipates accomplishing these efficiencies by implementing its stt1I.tegy in all Qf the
markets in which Allied operates.
S. The TrilllSactions will all- Allied to compete more effectively in the consoliciatinC solid waste
industry by inen:asing Allied's s!.te, resourees, and the number of ma:rketS in which it competes. See
"Business of Allied - CompOt¡tion."
6- Allied's ability to attract new capiw will be enhanced by the Transactions. Management believes
that Allied's iDcreased size will: (i) make Allied a more attractive investment by gODerating increased
revenues and cash fto,", and d:cn:asing Allied's reliance on any sÌIIglc market or ropol!, (iì) provid:
A1\ìe:d. with financÌllg opportonities which might not be avaiJahle to smaller companies, and (ill) attraa
addItional financial analyst and indusuy coverage which will support futun: eapital market transactions.
There can be no assurance, of collISe, that the benefits anticipated tQ Iesult from the Transactions will, in
fact, be achieved.
n addition to the anticipated .beneñts of the Transactions, tile Board nf Directors conside
fo110 potential risks and di.sa.dvantages:
,
~
¡
i
¡
i
,
:
ì
¡
i
\ . Any substantial delay in or reduction of e¡¡pected financial benefits and rational d!i.cienci..
I Id adversely impact Allied's earning¡¡ per share and tbe value of Allied's commons k and itS ability
1 to raiSe: neW capital. Realization and timing of such financial benefits and operational cfficie 'os could be
\ "'/7//7
12/0S/9S FRI 13: 39 FAX 802 598 5418 All' WEST REGION Iš 002
A\</ DEAL WITH HONOR
-
ACT WITH CoURAGB
ALLIED WASTE -
INDUSTRIES, INC. REFUSB TO FAlL
December 06, 1996
City of Chula Vista
John D. Goss
City Manager
276 4th Avenue
Chura Vista, CA 91910 "
,,"
Dear Mr. GôSlI:""' "~" ',' " .\W WEO'" '," ',.,
The purpose of my letter is to provide you and The City of Chula Vista
with a written commitment from Allied Waste that upon acquiring Laidlaw Waste
Systems, Inc, (LWS), we will continue to abide by the waste franchise agreement
between Chula Vista and laidlaw. As you know. LWS Inc. is subject to an
agreement to be acquired by Allied Waste Industries, 100. This transaction has
. not as yet closed. It is Allied's practice to work closely with its municipal
partners in the understanding and fulfillment of contractual arrangements. That
being the case, I welcome the opportunity to meet with you and other
appropriate representatives of Chura VIsta, to Introduce myself and Allied Waste
Industries to you. I would be pleased to answer your questions and hear first
hand your expectations as well as your evaluation of Laidlaws perfonnance to
date.
Not only are we committed to Chula Vista as an organization but it Is
apParent to me that both Rick Berlin and Dan Higgins share a strong personal
commitment to Chura Vista which Is evidenced by your cooperative and long
standing relationship with them. We are confident that we clearly understand
what efforts have been expended to datè and also what efforts will be needed by
our team in the future to continue this partnership and further strengthen the
relationship which has been enjoyed thus far. I am equally confident in the
experiencie and appreciation Rick and Dan have for the Chula Vista and San
Diego Ma~ets. It is this typ9 of dedication and focus by local management,
7201 East Camelback Road, Suite 375 . Scottsdale, ArlzoIUl. 85251 . (602) 423-2946 . (602) 42341424 FAX
/7- / ?
-
12/06/96 FRI 13: 40 FAX 602 59S 6416 r ~" ~,,~ 1i!J003
Chula Vista
Page 2
supported by the many resources provided by our corporate structure that has
made Allied successful. Rick and Dan will continue to direct the operations in
Chula Vista and San Diego. The Laidlaw Waste Systems Chula Vista operating
company will continue to operate by the same name for up to two years.
. .
We at Allied recognized Laidlaw as a great organization with top quality
people. That Is why we are acquiring the company. Together we are a
formidable team .in a rapidly consolidating industry. .As for the strength of our
new organizatlon;oClr new:company wIIf ~.thiHourth largest solid waste
service company in the indusby. We will be comprised of 122 collection
companies, 40 transfer stations, 52 landfills and 28 recycling centers generating
over a billion dollars in annual revenue, utilizing almost $1.5 billion in assets and
directed by a very experienced management team at both the local and national
level. We strongly feel that we have the necessary resources to assist Chula
Vista in addressing its ongoing solid waste and recycling issues and greatly
appreciate the opportunity to continue what has been a successful and mutually
beneficial partnership.
Please let me know if I can be of service to you by contacting me at (602)
596.;e596 or by coritacting Dan Higgins atlaidlaw.
~"~
Don Slager
Regional ViCe President
West Region'
00: Mr. George Krempl
Deputy City Manager
17-/1
~{ft.-
:::-----:
-:::.~=...;;::
CllY Of
CHUlA VISTA
OFFICE OF THE CITY MANAGER
December 3, 1996
Mr. Daniel P. Higgins
General Manager
~--wâste Systems
P.O. Box 967
Chula Vista, CA 91912
Dear Mr. Higgins:
This letter is in response to preliminary information we have
seen in the form of press releases regarding the potential sale
of Laidlaw's solid waste operating unit, Laidlaw Waste systems,
to Allied Waste Industries, Inc. of Scottsdale, Arizona. We
wanted to notify you of certain requirements of the current
Laidlaw Trash Franchise Agreement To Collect And Dispose Of
Refuse And To Use The Public Streets And Places Within The City
of Chula Vista For Said Purpose.
Specifically, SECTION 6, COMPLIANCE WITH LAWS, in the franchise
agreement states that Chapter 8.24 of the Chula Vista Municipal
Code is expres~ly made a part of the franchise and incorporated
by reference as is set forth in full. In addition, Grantee and
the city agree to be bound by all provisions of such ordinance or
any amendment thereto.
Chapter 8.24.120, GARBAGE AND LITTER, TERMINATION, of the Chula
vista Municipal Code includes the following language: "A contract
or franchise may be terminated at the option of the Council in
the event there is a change of ownership of any kind or nature of
the operating company, unless approval therefor has been obtained
in writing from the Council."
The subject sale transaction proposal as it applies to Laidlaw
Waste Systems operation in the City of Chula Vista and our
franchise agreement would therefore be affected accordingly. We
look forward to receiving further information from you regarding
the proposal and your request for City approval.
Please feel free to contact me or George Krempl, Deputy City
Manager, should you have any questions.
~Si~C~~ldfY , iZ.
~~" ~
ohn D.' ss
city Manager
cc, Mayor .nd City council '
city Attorney
J 7- ;LO
276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910 . (619) 691.5031 . FAX (6191585-5612
',:! """""'*"'--
L fttel ;
"J¿,
ALLIED WASTE INDUSTRIES, INC.
Investors Media
Contact: Peter S. Hathaway Jim Fingeroth/Todd Fogarty
Allied Waste Industries, Inc. Kekst and Company
(602) 423-2946 (2 [2) 593-2655
FOR IMMEDIATE RELEASE
ALLIED WASTE INDUSTRIES TO ACQUIRE
LAIDLAW SOLID WASTE MANAGEMENT OPERATIONS
TRANSACTION VALUED AT APPROXIMATELY 51.5 BILLION
-- Will Create #4 Company in Solid Waste Managemcnt Indu~try --
-- Expected to be Accretivc to 1'1'17 Earnings --
SCOTTSDALE. ARIZONA. SEPTEMBER 18. 1996 -- Allied Waste Industries, Inc. (NASDAQ.
A WIN) announced today that it has signed a definitive agreement to acquire the solid waste
management operations of Laidlaw [nc.. the Toronto-based provider of environmental and
transportation services. for approximately $1.5 billion in cash. stock and notes. As a result of the
acquisition. Allied Waste is expected to become the fourth largest solid waste company. with
combined annual 1996 revenues of S I billion. and a leading market presence in 23 states and seven
Clnadian provinces. The combined company will have 49 landfills with almost one billion gate
yards of permitted airspace. 115 collection locations and 29 transfer stations.
Under terms of the agreement. Laid[aw will receive S 1.2 billion in cash. a $150 million (tàce
amount) 7%. 12-year subordinated debenture. a S 168 million (tàce amount) 12-year zero coupon
subordinated note. 14.6 million shares of Allied Waste common stock and 20.4 million warrants.
Upon completion of the transaction, Laidlaw will hold about 20 percent of Allied common shares
then outstanding.
,\llled has rcceivcd commitmcnts l'rom LJuldmall. Sachs <I< Co.. Creellt SIlISse (",ei lluhallk ¡'or as 12
billion bank credit facility. as well as a highly confident letter from Goldman Sachs and Citibank for
a $475 million senior subordinated debt offering to finance the cash consideration paid to Laidlaw.
refinance existing Allied debt and provide for future working capital and acquisition financing
requirements. Goldman. Sachs & Co. served as advisor to Allied on the transaction.
/ ?/c2/
(:JlIi"lh,wk 1"",,1. .""1'." .Ii.-, . .-""">d,,l, .'.j:':.) I . In,:':!I.!h. (111:':11":1.111:':1'
_..,-, ----
Based on the anticipated contribution of the Laidlaw operations, Allied Waste expects the
transaction to be accretive to earnings per share in 1997 and beyond. Allied said that after
completion of the integration of the two businesses. it expects the combination will generate more
than 560 million in pre-tax cost savings and synergies.
. Ihe ""'IllI"tl.", ul'l."id!:","s Nurth t\meric"n sulid w"ste management upcrations will, in one slep,
place Allicd Waste among the industry's leading companies," said Roger A. Ramsey, Chairman and
Chief Executive Oftìcer of Allied Waste Industries, Inc. "We believe the strategic combination of
Allied and laidlaw's operations will create significantly greater opportunities for growth and
rewards for Allied shareholders."
James Bullock, President and CEO of Laidlaw Inc., said, "This transaction will allow our solid
waste operations to become part of a highly skilled, rapidly growing company focused solely on
solid waste management, while enabling laidlaw to focus on grow1h opportunities in our various
environmental and transportation service businesses. Allied has a strong track record in managing
growth through acquisition and integration of operations in individual markets. We look forward to
pal1icipating in the new company's growth potential as a significant equity holder."
"In those markets where existing Allied and laidlaw operations offer compelling growth prospects,
we will seek to enhance eftìciencies by making additional acquisitions and taking related steps to
integrate addition;;1 waste volumes into current ?rocessing and transfer fàcilities and landfills," said
Thomas H. Van Weelden. President and ChiefOrerating Officer of Allied Wast'c
The transaction has been approved by the Boards of Directors of both companies, and is expected to
be consummated by early 1997. It is subject to a vote of Allied's shareholders and standard
regulatory approvals. laidlaw will name two directors to Allied's Board of Directors, expanding it
to 12 members.
The 20.4 million warrants paid to laidlaw are not exercisable by Laidlaw except upon a change of
c"ntrol at Allied. However, Laidlaw may transfer the warrants to other rarties, w ho may exercisc
them.
Laidlaw Waste Systems operates in 18 states and seven Canadian provinces. Serving customers
from 140 locations, it provides hauling services from 73 locations, recycling from 31 facilities and
operates 29 landfills, seven of which are in Canada.
Allied Waste Industries, Inc., which is headquartered in Scottsdale, Arizona, is a vertically integrated
solid waste management company providing non-hazardous waste collection, transfer, recycling and
di':p"':1I',C'l"\ic'l'SI"I11<11"C'lh:1Ilì')'.IIOOrC',idC'llli:1I:1IHlc.1I111l1l'rc"i:lIclI,t.,,"n.;I.,.:1Ic.II'ril11.1IIh lI1
Ille lIlId\\c..,IcIl1. ","tlmc,lC!"lI a"d .,uulhell1 II S Ihe lU/"Pdll) elliTelil" "",dllcIS II, "pc'r"I/.""
through -12 c?"ection companies, 23 transfer stations, 9 recycling tàcìlities and 20 landfills localed
in 12 states. Allied's CLtrrent run rate of revenues and operating cash flow is $250 million and S7J
million, respectively.
###
/7 ~:¿ ;)..
""~"-
-
10 STATES
. OPERATIONS IN
COMPANIES
. 37 COLLECTION
. 338,000 CUSTOMERS
R STATIONS . 237000 RESIDENTIAL
TRANSFE ,
. 24 000 COMMERCIAL
. 101,
. 20 LANDFILLS
FACILITIES ,." "
8 RECYCLING
. " n, ,
' ,',. " "" , ,.>p
" ", , .'
' . ¡, - . , , ,
. ~ /~~J
ALLIED WASTE INDUSTRIES IS
MORE THAN A CORPORATION..,
WE'RE A FAMILY OF COMPANIES OPERATING IN
DOZENS OF COMMUNITIES THROUGHOUT THE U.S.
WHEN A COMPANY JOINS ALLIED, WE RETAIN THE LOCAL
IDENTITY AND "BRAND NAME" RECOGNITION THAT THE
OWNERS WORKED HARD TO DEVELOP OVER MANY YEARS.
WE DO THIS BECAUSE WE BELIEVE THAT CUSTOMERS
PLACE MORE VALUE IN A LOCAL REPUTATION FOR SER-
..
'. VICE EXCELLENCE THAN THEY DO IN THE CORPORATE
LOGO OF A PARENT COMPANY.
WE'RE ALSO ONE OF THE FASTEST GROWING PUBLIC
COMPANIES IN THE WASTE SERVICE INDUSTRY. IN JUST
FOUR YEARS WE HAVE ACQUIRED OR MERGED WITH OVER
84 WASTE BUSINESSES THROUGHOUT THE U.5. OUR
.. ANNUAL REVENUES HAVE GROWN FROM $17 MILLION IN
1991 TO AN ANNUALIZED RUN RATE OF $190 MILLION
IN 1996.
.. '
TO CONTINUE OUR DYNAMIC GROWTH, WE ARE ACTIVELY
SEEKING TO ACQUIRE OR MERGE WITH HIGH QUALITY
LANDFILLS AND WASTE COLLECTION BUSINESSES. 50
PLEASE CONTACT US IF YOU ARE tNTERESTED IN
LEARNING MORE ABOUT THE ALLIED FAMILY OF
COMPANIES.
,
.; !
,
,
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.--
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REVENUES STOCKHOLDERS' EBITDA OPERATING
EQUITY . - INCOME
n.. THO"C_O."oc'
WASTE Nnn, March 17,1997
..',
.. Allied closes Laidlaw deal
SconSDALE ARI! Alli"d Wasl" IndusU'i<'s Inc, has
clus"d lb" sai<' or lIw Canadian as"'" il acquin,d
in IJ"c"IllI,,'r rrum Laidlaw Inc, tu lISA Wasle Sl'r-
"in's Inc, fur abullt $!iIH milliun in cash, Allit'd an-
n""m'"d Man'b 1~
Houstun-ha,,'d lISA Wast" is acquiring 41 1'01-
I"elion up"raliuns, "ighl transr"r sIal ions, 10 recy-
clin¡: planls and seven landlills, scatl"red acro""
six Canadian pnu'inœs,
Alli"d plans to use nearly all th" pruceeds In re-
duce ils debt.
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LAIDLAW WASTE SYSTEMS
June 17, 1997
Mayor Horton & City Council Members
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Horton & City Council Members:
Re: Assignment of Solid Waste Franchise - Council Agenda Item 17
Attached are a number of items for your consideration of the assignment of the Solid
Waste Franchise from Laidlaw Waste Systems to Allied Waste Industries:
1) Letter to City Manager (6/17/97) providing written acknowledgment of agreement
to comply with terms and conditions of contract and to discuss and resolve
issues identified.
2) Letters of support from Chula Vista businesses for the assignment from Laidlaw
Waste Systems to Allied Waste Industries.
3) Report on Annual Spring Clean Up with service comments by Chula Vista
residents.
We look forward to continuing to be your waste and recycling service provider and
partner.
~\
D' H'~
anlel P. Igglns
General Manager
Isb
cc: John D. Goss, City Manager
John M. Kaheny, City Attorney
George Krempl, Deputy City Manager
Beverly A. Authelet, City Clerk
P.O.BOX967' ChulaVisla,California91912' (619)421-9400' FAX (619) 421-0841
97032dh.doc
Recycled Paper
JUN-17-1997 1~ :29 LRIDLRW WRSTE so P.0V01
A W Allied Waste Industries of Arizona, Inc.
Thunderbird Executive I'ilrk . 7585 East Redfield Road, Suite 106 . Scottsdale, Arizona 85260
June 17, 1997
Mr. John D. Goss
City Manager
City of Chula Vista
276 Fourth Avenue
Chula VISta, CA 91910
Re: Assignment of Current City of Chula Vista Solid Waste Franchise
Dear Mr. Goss:
We received the Council Agenda Statement on Friday, June 13, 1997 for thØ assignment of
the current City of Chula Vista Solid Waste Frand1ili8 by Laidlaw Waste Systems, Inc to Allied
Waste Industries, Inc, that will be considered by the City Council on June 17, 1997. Having
reviewed the report we are able to provide written acknowledgments as follows.
Allied Waste Industries, Ine acknowledges their agreement to comply with the tenns and
conditions of the existing City of Chula Viata Solid Wastø Franchise including without limitation,
Municipal Code Sections 8.24.110 and 8.24.120 regarding franchise termination which is
intended to-and for all future assignments or changes of ownership shall - require written
approval of the City prior to any assignment of the franchise or change of ownership of the
operating company.
In addition, we would also be happy to discuss and resolve now or at any time the issues that
were raised in the report. We understand our responsibilities to work with City Staff to make
service improvements whøre nøcessary. We have and will continue to make improvements by
working very dosely with Staff. In addition, on III daily basis our asSOCiates monitor service
requests and issues and continually look for ways to improve the service we provide. We feel
strongly that we have the necessary resourœs to continue to resolve issues and assist the City
of Chula Vista in addressing its solid waste and recycling needs.
We look forward to the assignment of the franchise and continuing to work with you.
~ ~~ Q~i\~
Don Slager Ri Beriin . Dan Higgins
Regional Vice President District Manager General Manager
West Region San Diego Metro District Chula Vista Division
Aßied Waatelndustries, Ine Laidlaw Waste Systems, Inc Laidlaw Waste Systems, Inc
Isb
= George Krempl, Deputy City Manager, City of Chula Vista
97029dh.doc
Phone 602/596.5314 . FAX 602/596-5316 TOTRL P.01
r Real Estate
~Rk 272 Church A........ Management & Sales
Suite 4 Investment &.Resident¡a
01UIa VISta. CA 91910 Commercial Leasing
(619) 427.5011 Self Storage Managemer.t
Fax: (619) 427-0174 HO<11eOWI* Associations
June 16, 1997
City ofChula Vista
City Council Members
276 4th Avenue
Chula Vista, CA 91910
RE: LAIDLAW WASTE SYSTEMS
Dear Council Members:
Our firm manages several thousand residential and commercial units, of which a significant
number are located within the Chula Vista city limits. We have received excellent support
service ITom the Laidlaw Waste Systems staff personnel over the past several years. We feel
Laidlaw's Service is significantly better than several of the other waste haulers in the greater
San Diego area. Their timeliness in responding to service requests, resolving trash hauling
issues and providing accurate budgetary forecasting data has facilitated our management
practices in order to better assist the local consumer.
LaidJaw people have made the transition to recycling easier for us to deal with, minimizing the
financial impact to our property users. Clearly, the LaidJaw staff has been stable, cooperative,
service minded and responsive to our needs. We, as a result, support the partnership
arrangement between LaidJaw and Allied Waste Industries to provide quality waste system
services at affordable pricing levels.
Sincerely,
J~1:::::CPM
President
The Paul Miller Company
JCK\jad
cc: Correspondence File
¡.¡INSIGNIA
l1li COMMERCIAL GROUP, INC
June 16, 1997
Mayor Shirley Horton
City of Chula Vista
276 4th Avenue
Chula Vita, California 91910
As managing agent for the South City Business Center, we appreciate the
opportunity to write on behalf of Laidlaw Waste Systems. Please accept this
letter as support of the assignment of the Laidlaw Waste Systems contract to
Allied Waste Industries.
Laidlaw Waste Systems has provided the center with excellent service.
Together we have implemented recycling programs which have resulted in an
a~nual savings of approximately $12,240,
We have worked hard together, and we would like to continue our partnership
with Laidlaw. Together we will continue to meet our recycling goals; we will help
the environment, and continue to save in our waste service costs.
Sincerely,
N~ ~H~~:9~~ ~
for the
South City Business Center
ZZ5Z MAIN STREET, SUITE I . CHULA VISTA, CA 91911 . 619'4Z4-3035. FAX 619'4Z4-6033 fi1~
AN IN"GN" "NANC"L GROU' COMPANY "I" ",-
-,t~i- MEMBER
-----
FREDERICKA
MANOR
June 16, 1997
To The City ofChula Vista,
Fredericka Manor has used Laidlaw Waste Systems for many years and has always been
more than satisfied with the service.. Their consultants have assisted us by assessing our
needs and suggesting ways to consolidate our costs. Their recycling programs have saved
us approximately $6900.00 annually
We look forward to continuing our business relationship with them and support the
assignment of the Laidlaw Waste Systems contract to Allied Waste Industries.
Sincerely,
Þ-~~
Scott StaeWing !
Administrator
A NON-PROFIT RETIREMENT COMMUNITY AND HEALTH CARE FACIUTY
183 Third A venue / Chula Vista, California 91910 / (619) 422-9271
- . --
~H\RP
CHULA VISTA
MEDICAL CENTER
13 June 1997
City of Chula Vista
Mayor Shirley Horton
City Council Members
276 Fourth Avenue
Chula Vista CA 91910
Dear Mayor Horton and Council Members:
As a member in the Chula Vista business community, I appreciate the opportunity to express my
opinion of Laidlaw Waste Systems and their performance as our service provider.
Laidláw has provided us with quality service. A recent analysis of our account by Laidlaw has
resulted in a significant savings in our waste services costs. We hope to realize an annual
savings of approximately $6,000.00. Please accept this letter as support of the assignment of
the Laidlaw Waste Systems contract to Allied Waste Industries.
Laidlaw has been a good business partner over the years and we would like to continue the
relationship with Allied. Together we can help reach our waste reduction goals, help the
environment, and reduce expenses in the process.
Sincerely,
--6 ~ ~ <>-J
Barry Moos
Manager
Environmental Services
BM:dd
(619) 482-5800 . 751 Medical Center Conn. Chub VISta, CA 91911-6699
F<>rmerly Community H osp;tal of Chuw Vam
O""
. Teaching Resource Center
11Je Company with a Teacher's Voice
June 17, 1997
City of Chula Vista
Mayor Shirley Horton
City Council Members
276 4th Ave.
Chula Vista, CA 91910
As a member in the Chula Vista business community, I appreciate the
opportunity to express my opinion of Laid Jaw Waste Systems and their
performance as our service provider.
Laidlaw has provided us with superb service. Their proactive approach in
implementing recycling programs have saved us approximately 3,938.00 in
annual waste service costs. Please accept this letter as support of this
assignment of the Laidlaw Waste SyStems contract to Allied Waste Industries.
We would like to continue our partnership with Laidlaw. Together we can
help reach our recycling goals, help the environment, and contribute to our
bottom line in the process.
Sincerely,
~~
tÝ~~-7 ~
. 730 Design Court, Suite 405, Chula Vista, CA 91911 . telephone 619/482-2298 . fax 619/482-2091
GCE Industries, Inc.
1891 Nimma Am,"e
ChuiaVista,CA91911
(!ice 619-421-1151
FAX,619-421-1506
June 17, 1997
REF: GCE-CWB-537
City of Chula Vista
Mayor Shirley Horton
City Council Members
276 4th Avenue
Chula Vista, CA 91910
Attention: Mayor Shirley Horton/City Council Members
Reference: Laidlaw Waste Systems
Dear Sirs:
As a member in the Chula Vista business community, I appreciate the opportunity to express
my opinion of Laidlaw Waste Systems and their performance as our service provider.
Laidlaw has provided us with exceptional service. Their proactive approach in implementing
recycling programs have saved us approximately $3,500.00 in annual waste services costs.
Please accept this letter as support of the assignment of the Laidlaw Waste Systems contract
to Allied Waste Industries.
We would like to continue our partnership with Laidlaw/Allied. Together we can help reach
our recycling goals, help the environment, and contribute to our bottom line in the process.
Sincerely,
d::øL
Chuck Ball
Manager, Safety and Environmental Compliance
CWB/dm
~I¥I '~W)'AJ
,,-W=¡~~,-,.': Mailing Add«",
"O'o","~",," ,mooot""" Post Office Box 1109
."'°",",,'" "'""""QOOO"""" Bon/la, CA 91908-1109
CO:RNELLS
OFFICE PRODUCTS
OFFICE SUPPLIES MACHINES FURNITURE PRINTING
II JUNE 16, 1997
CITY OF CHULA VISTA
MAYOR SHIRLEY HORTON
CITY COUNCIL MEMBERS
276 FOURTH AVENUE
CHULA VISTA, CA 91910
RE: LAIDLAW WASTE SYSTEMS RECYCLING PROGRAMS
IN FEBRUARY OF 1996 I WAS CONTACTED BY LAIDLAW ABOUT STARTING A RECYCLING
PROGRAM HERE AT CORNELLS OFFICE PRODUCTS. THEIR PROGRAM SEEMED TO MAKE GOOD
SENSE AND WE STARTED RECYCLING THE FIRST OF MARCH, 1996.
AS IT HAS WORKED OUT WE RECYCLE 66% OF OUR TRASH AT A SA VlNGS OF OVER $1000 PER
YEAR.
WITHOUT LAIDLAW'S LEADERSHIP I AM AFRAID WE WOULD NOT HAVE MADE THE CHANGE.
THEY SHOULD BE COMPLIMENŒD FOR THE MANY COMMUNITY PROJECTS THEY SUPPORT IN
OUR CITY.
dLL£/3ij
CHARL S G. PETER
PRESIDENT/OWNER
647 E Street Chula Vista, CA 91910
P.O. Box 1206 Chula Vista, CA 91912-1206
(619) 420-6280. (800) 499-6280 . Fax 420-7830
øøJTJ!!oøø
LAIDLAW WASTE SYSTEMS
June 17,1997
Michael T. Meacham
Conservation Coordinator
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mr. Meacham:
The City of Chula Vista Annual Clean Up on Saturday April 19, 1997 was a huge
success. Forty four tons of items were recycled, one hundred and one tons of trash
were discarded, and one and a half truck loads of reusable furniture and appliances
were taken away by Deseret Industries. Total tons increased by 64% over last
year's Annual Clean Up. The goal of the Annual Clean Up is to give all residents a
convenient, no hassle, no cost opportunity to clean up their property. Based on
residents comments major improvements of convenience and efficiency were made;
waiting times were drastically reduced from previous years.
We have compiled the information from this year's Clean Up, enclosed is a summary
of loads, tonnages, and resident comments and suggestions. The work of all the
volunteers was outstanding; it was a great community wide effort Thank you for all
your work and support in making this Annual Clean Up the best yet.
~'
..~
Daniel P. Higgins
General Manager
Isb
cc: John Goss, City Manager, Chula Vista
George Krempl, Deputy City Manager, Chula Vista
Mayor and City Council
P.O. BOX 967 . Chura Vista, California 91912 . (619) 421-9400 . FAX (619) 421-0841
97030dh.doc
Recycled Paper
Chula Vista Annual Clean Up
Tonnage Report
Event Date: Saturday, April 19, 1997
Hours: 8am - 3pm
Site: Hilltop and Naples
,;J!\d:{.""":"IIiMfR, i m( "'It;"'. ':1
18.96 10.63
24.98 24.98
101.24 53.06
1 load
145.18 88.67
CITY OF CHULA VISTA ANNUAL CLEAN UP
April 19,1997
HOW DID RESIDENTS HEAR ABOUT THE CHULA VISTA
ANNUAL CLEAN UP
C. V. QUARTERL Y / LWS BILL 76 23%
NEWSPAPERS 128 39%
UTILITY B/LLS 6 2%
DROVE BY S/TE 31 10%
WORD OF MOUTH 72 4%
TOTALS 313 78%
CITY OF CHULA VISTA ANNUAL CLEAN UP
April19,1997
CLEAN UP COMMENTS FROM RESIDENTS
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April 19, 1997
CLEAN UP SUGGESTIONS FROM RESIDENTS
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COUNCIL AGENDA STATEMENT
Item /~
Meeting Date 06/17/97
ITEM TITLE: Resolution / [)7¿J6 Authorizing Pacific Bay Homes to construct
Hunte Parkway from Proctor Valley Road to Otay Lakes Road and a
portion of Proctor Valley Road from Mt. Miguel Road to Hunte Parkway
and receive credit against Development Impact Fees.
SUBMITTED BY: Di="" of Pub"" W$
REVIEWED BY: City Manager :f~ t
/1 (4/5ths Vote: Yesßo...xJ
'-
The City Engineer has received a letter dated December 12, 1996, from Pacific Bay Homes
requesting authorization to begin construction of two roadway facilities identified in the City's
Transportation Development Impact Fee (TDIF) Capital Improvement Projects (CIP) list and
begin the DIF credit process. The grading and improvement plans have been submitted and
approved by the City Engineer as of May 20,1997.
RECOMMENDATION: That the City Council adopt the resolution authorizing Pacific Bay
Homes to commence construction and reimbursement proceedings.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
On December 12, 1996, Ms. Liz Jackson, Project Manager for Pacific Bay Homes in Rancho La
Cuesta (Salt Creek Ranch), sent a letter to the City Engineer requesting that the City authorize
construction and reimbursement or credit for the construction of two roadway facilities identified
in the City's Transportation Development Impact Fee Capital Improvement Program (TDIF CIP)
list, see Exhibit "A". The projects are: Hunte Parkway from Proctor Valley Road to Telegraph
Canyon Road (Otay Lakes Road) and; Proctor Valley Road from Mt. Miguel Road to Hunte
Parkway. A portion of Proctor Valley Road is currently within the County of San Diego, and this
portion will be brought back to Council once it is annexed into the City. Staff anticipates the
annexation to occur in late 1997 to early 1998. The grading and improvement plans for the
portions within the City limils, have been submitted and approved by the City Engineer as of May
20, 1997.
Per Ordinance 2251 and amendment Ordinances # 2289 & 2580, a developer may request
reimbursement or credit for the construction of facilities identified in the TDIF CIP list.
Ordinance # 2251 established a Development Impact Fee to pay for transportation facilities in the
eastern territories of the City. The ordinance provides that a developer may request authorization
/7-/
Page 2, Item
Meeting Date 6/17/97
from the City Council to construct one or more of the transportation facilities listed in the
ordinance.
The projects for which authorization is requested is included in the list of Development Impact
Fee projects, see Exhibit "B" attached, and is generally described as follows:
1. Hunte Parkway from Proctor Valley Road to Otay Lakes Road (Project #20) construct
as a 4-lane major. Cost estimate contained in the Development Impact Fee Report as of
January 1994 is $4,395,000. As of December 1997, the developer's engineer has revised
the cost estimate to $3,885,693.
2. Proctor Valley Road (East "H" Street) from Mt. Miguel Road to Hunte Parkway (project
#15) construct as a 6-lane prime. Cost estimate contained in the Development Impact Fee
Report as of January 1994 is $5,377,000. As of December 1997, the developer's engineer
has revised the cost estimate to $5,610,640.
Although the costs were included above, there is a portion of Proctor Valley Road which is
located within the County of San Diego. The developer will not be constructing this portion of
Proctor Valley Road until after such time as it is annexed into the City of Chula Vista.
Annexation is anticipated within the next 12 months. A future request to Council to construct this
annexed portion will be forwarded at that time.
It is anticipated that most of the major projects listed in the ordinance establishing the
Development Impact Fee will be built by developers and/or assessment districts and that
developers will earn credits against future fees at the building permit stage. There will be
relatively few projects that will be funded directly by the Development Impact Fees. Should the
credits from future projects not be enough to offset the developer's front-end expense for a
particular project, the City will reimburse additional monies to the developers at the time that the
City feels there are adequate funds to do so and that reimbursement will not delay needed future
projects.
Attached is a copy of the Pacific Bay Homes DIF Recovery Application letter dated December
12, 1996. Also enclosed is a description and cost estimate of the improvements along with other
information and statements required to be submitted to the City Council.
The following information has been submitted as required by the ordinance:
1. A letter dated December 12, 1996 to the City Engineer requesting that the City authorize
construction and reimbursement or credit for the construction of two roadway facilities
identified in the City's TDIF CW list is included as Exhibits "A" & "B", respectively
(attached);
/7reJ-
Page 3, Item
Meeting Date 6/17/97
2. A detailed description of each project with a preliminary cost estimate and area plat is
included as Exhibit "C" (attached);
3. Pacific Bay Homes, has had plans prepared and submitted to the City. Grading plans and
improvement plans have already been approved as of May 20, 1997.
Easements and right-of-ways for the projects have all been obtained as required by the
Director of Public Works.
All necessary permits and environmental clearances necessary for construction of the
project have been obtained by Pacific Bay Homes.
Pacific Bay Homes, has also paid all required permit and plan check fees and posted any
security which is necessary for the project.
4. The City will not be responsible for any of the costs of constructing the projects. All
funds to construct the projects shall be advanced by Pacific Bay Homes.
5. Pacific Bay Homes has secured four (4) qualified bids for the work to be performed.
Any extra work or changes during construction shall be justified and shall be documented.
Per Ordinance 2320, which established a development impact fee to pay for various public
facilities, the developer shall secure at least three (3) qualified bids for the work to be
done.
6. When all work has been completed to the satisfaction of the City, Pacific Bay Homes
shall submit verification of payments made for the construction of the project to the City.
The Director of Public Works shall make the final determination on expenditures which
are eligible for credit or reimbursement.
7. Pacific Bay Homes will receive credit against required Development Impact Fees at the
time of issuance of building permits for Rancho La Cuesta.
If the total construction costs amount to more than the total Development Impact Fees
required for the balance of Rancho La Cuesta, then the amount in excess will be credited
against Development Impact Fees in future SPA's or will be paid if funds are available as
determined by the City Manager or will be refunded through the use of a reimbursement
agreement.
Construction of the above mentioned projects is expected to commence in June 1997 and portions
will be completed sometime in mid 1998.
J?"~J
Page 4, Item
Meeting Date 6/17/97
FISCAL IMPACT: None to the City. Pacific Bay Homes, will advance all necessary funds to
construct the project and will receive a credit or cash reimbursement in accordance with the
provisions of Ordinance #2251 and as amended by Ordinances #2289 & 2580. The construction
cost estimates for the two projects total $9,772,000 and are contained in the Development Impact
Fee Report dated December 1987. The estimated cost as of January 1994 is $5,377,000 for
Proctor Valley Road and $4,395,000 for Hunte Parkway. The developer's engineer has revised
the cost of these two projects to $9,496,333 with $5,610,640 and $3,885,693 for Proctor Valley
Road and Hunte Parkway, respectively. The actual amount of credit or reimbursement will be
detennined by the Director of Public Works and be based on actual fmal costs. The Development
Impact Fee Report will be modified to reflect the actual costs when the improvements have been
completed.
Attachments: A - Letter dated 12/12/96 from Pacific Bay Homes
B - Table 3 of CapitaJ Improvement Projects with 7/1192 Cost Estimate
Summary
C - Description, cost estimates and area plats for projects
File No.: 073Q.-20-HX042IHX043
(H: IHOMEIENGINEER \AGENDA IRLCTDIF. FXR)
(""'06I11/9"'22pm
//š"--tf
RESOLUTION NO. I g;7~b
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING PACIFIC BAY HOMES TO
CONSTRUCT HUNTE PARKWAY FROM PROCTOR VALLEY
ROAD TO OTAY LAKES ROAD AND A PORTION OF
PROCTOR VALLEY ROAD FROM MT. MIGUEL ROAD TO
HUNTE PARKWAY AND RECEIVE CREDIT AGAINST
DEVELOPMENT IMPACT FEES
WHEREAS, the City Engineer has received a letter dated
December 12, 1996, from Liz Jackson, Project Manager for Pacific
Bay Homes, requesting authorization to begin construction of two
roadway facilities identified in the City's Transportation
Development Impact Fee (TDIF) Capital Improvement Projects (CIP)
list and begin the DIF credit process; and
WHEREAS, the grading and improvement plans have been
submitted and approved by the City Engineer as of May 20, 1997; and
WHEREAS, in accordance with Ordinance 2251 and amendment
Ordinances Nos. 2289 and 2580, a developer may request reimburse-
ment or credit for the construction of facilities identified in the
TDIF CIP list.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby authorize Pacific Bay Homes to
construct Hunte Parkway from Proctor Valley Road to Otay Lakes Road
and a portion of Proctor Valley Road from Mt. Miguel Road to Hunte
parkway and receive credit against Development Impact Fees to be
determined by the Director of Public Works and be based on actual
final costs.
Presented by Approved as to form by
~~69
John P. Lippitt, Director of J M. Kaheny cit torney
Public Works
C:lrsISCcredit.dif
1f5~S-
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December 12,1996
Mr, Cliff Swanson (,¿/
City Engineer
City ofChula Vista
276 Fourth Avenue
Chula Vista, Ca, 92010
Subject: Rancho La Cuesta DIF Recovery Application
Dear Cliff,
As you know, our Rancho La Cuesta project is rapidly proceeding and we expect to begin
land improvements in March,
Per City Ordinance No, 2251 Section 4, we would like to request that the following
transportation facilities within Rancho La Cuesta be authorized for reimbursement.
. HUNTE P ARKW A Y OFF SITE- from Telegraph Canyon Road to southern
subdivision boundary
. HUNTE P ARKW A Y ONSITE- from southern subdivision boundary to Proctor
Valley Road
. PROCTOR V ALLEY ROAD OFF SITE- from Mt. Miguel Road to western
subdivision boundary
. PROCTOR VALLEY ROAD ONSITE- from western subdivision boundary to Hunte
Parkway
We would like to get this process initiated quickly so that our bidding procedure fully
complies with that of the city's.
Please let me know what information you require to prepare your report for council
approval and I will be happy to provide it to your staff.
Sincerely,
Pacific Bay Homes
I~\~;U~~-jð/,-/
Liz a on
, 'I I
Diy~anager
/f5>jç
EX¡.lIBIT B
TABLE 3
CAPITAL I!\IPRm"EME1'o'T PROJECTS
COST ESTIJ\lATE SUMMARY
(AS OF JULY I, 1992)
No. DIPStrcet Locaûon hviJed Rcmub
COlt
t State Renne 125 Nonh San Miguel to Telegraph Canyon Road SO To SR-125 DIP/CPD
Z State Route IZ5 South Telegraph Canyon Road to East OmI¡e 0 To SR-I25 DIP/CPD
Avenue
3 Telegraph Canyon Road P..eo Del Rey to East of Paseo Ladera 3,452,000 Widening to 6-lane prime
3a Telegraph Canyon Road 1-805 Interchange Plwe n 1,814,000 Interchange lmprovemenu (Phase
lIA is under construcûon)
4 Telegraph Canyon Road Phase I Rutgers to Eastlake Boundary 0 Project Completed
5 Telegraph Canyon Road Phase n Paseo Ladera to Apache Drive 0 Project Completed
6 Telegraph Canyon Road Phase m Apache Drive to Rutgers Road 1.677,000 6-lane major (under constrUction)
7 East "H" Street 1-805 Interchange Modificaûons 3,780,000 Interchangelmprovements (Phase I
completed)
8 East"H" Street Eastlake Drive to SR-125 0 Project Completed
9 OIay Lakes Road Camino de) Cerro Grande 10 Ridgeback 0 Project Completed
Road
10 OIay Lakes Road Telegraph Canyon Road to East Orange 4,574,000 ConstrUction as 6-lane prime (onJy
Avenue Phase I - 4 lanes included)
11 Bonita Road OIay Lakes Road to Cen¡ral Avenue 370,000 Widening to 4-lane major
12 Bonita Road Central Avenue to San Miguel Road 79Z,000 Widening to 4-lane major
13 San Miguel Road Bonita Road to SR-125 t,574,SOO Second Pan of SR-I25 DIFICFD
14 EaSt"H" SU'eet SR-I25 to Mt. Miguel Road 0 Project completed
15 Proctor Valley Road MI. Miguel Road to Hunte Parkway 5,377,000 Consuuction.. 6-lane prime
(East "H" Street)
16 EaSt Orange Avenue Oleander to Sunbow Eastern Boundary 6,Z66,000 Construction.. 6-lane prime
17 East Palomar SU'eet Oleander to Sunbow Eastern Boundary 6,782,000 Construction.. 4-lane major
/ý~?
I.DT :SB/BUXTON fTRANSD IF . NAIt -10- 110293
TABLE 3
CAPITAL H-rrnG\"E7\lf.7'IT PROJECTS
COST ESTi.:'l:\TE Sl.1MMARY
(AS OF JULY I, 1992)
No. DIPSt=! Location Revised Rmwb
COSt
18 Telegraph Canyon Road Plwe IV East1ake I Eastem Boundary to 0 Project Campleted
Hume Partway
19 East1ake Parkway Telegraph Canyon Road to Eastlake Hjgh 0 Project Completed
School Southern Boundary
20 Hunte Parkway Proctor Valley Road to Telegraph Canyon 4,395,000 ConstnICIion u 4-lane major
Road
21 Hume Partway Telegraph Canyon Road 10 Club House 0 Project Completed
Drive
21a Hunte Partway Club House Drive to East Orange Avenue 1,250,000 CoDStnlCtion u 4-lane major
22 East Orange Avenue Eastlake Pl¡rkway to Hunte Partway 6.356,000 ConstnICIion u 6-1ane prime
23 Paseo Ranchero Telegraph Canyon Road 10 East Orange 3,388,000 ConstnICIion u 6-lane prime (only
Avenue Phase I - 4 lanes included)
24 East Orange Avenue Eastern Sunbow Boundary to Eastlake 10,961,000 ConstnICIion as 6-1ane prime
Partway
25 East Orange Avenue I-80S Interchange Modifications 4,064,000 Imerchange lmprovemems
26 East Palomar Street EaStern Sunbow Boundary to Paseo 3,120,000 ConstnICIion as 4-1ane major
Ranchero
27 East Palomar Street I-80S Imerchange 2,673,000 Interchangelmprovemell15
28 Telegraph C&nyon Road Hunte Parkway to WueSIe Road 3,114,000 ConstrUction as 4-lane major
29 East Orange Avenue Hunte Parkway to Olympic Training Comer 5,104,000 ConstrUction as 4-1ane major
30 Telegraph Canyon Road SR.125 10 Eastlake Parkway 1,493,900 Widemng to 8-lane prime
31 Eastlake Parlcway Pemon Street 10 Telegraph Canyon Road 980,400 Widening to 6-lane major
32 East -H - Street 1-805 to Hidden ViJta Drive !JOI,OOO Widening 10 8 lanes
33 Bonita Road OIay Lakes Road Intenection 105,000 Intenectionlmprovemell15
34 OIay Lakes Road Elmhurst Drive Imenection 70,000 Intenection lmprovemell15
35 East "H - Street OIay Lakes Road Intenection 221,000 Imenectionlmprovemell15
36 Trame Signal Syltem wide 138,000
Imcrconnection
/g--y
LDT :SBiBt.1XTONfTtlANSDlP . N AR ...tr- 11029'
TABLE 3
CAPITAL r-.IPROVEMENT PROJECTS
COST ESTIMATE SUMMARY
(AS OF JULY I, 1992)
No. DIP SlRel Location Revised Reuwts
COlI
37 Eastlake Parlcway Eastlake High School SOUIhem BOUDdary to 2,381,000 Construction u 4-laDe major
East Orange Avenue
38 East"H" Street Paseo Del Rey to Tiem Del Rey 682,000 SIReI WJdeniD¡
39 Bomta Road 1-805 to Plaza Bonita Road 270,000 Str=t WideniD¡
SUBTOTAL 596,285,300
State-Local Transportaûon 5!1\ ofProjecLs (4,814,265)
Pannership Program
Matching Funds
Commercial Land Fee 800,000
Adjustment
TOTAL 592,271,035
A DIF program suppon 5!1\ of lotal project cost 4,613,552
Available Revenue Less funds available for DIP constnl<:ûon (6,319,885)
Ramaining Credits See Table 5 7.563,883
GRAJ\/I) TOTAL 598,128,585
)8"-- c¡
LDT :SBIBI.1XTON fl'RANSDII' .N AlI ,Æ-- 110295
eex;-1I13IT c.-
PROJECT NO. 15
PROCTOR VALLEY ROAD (EAST H STREET)
MT. MIGUEL ROAD TO HUJiI.'TE PARKWAY
Project Description: Construct Proctor Valley Road from Mt. Miguel Road to Hunte
Parkway as a six lane prime street (104 feet curb to curb).
Improvements to include grading. pavement. curb and gutter.
sidewaIks. raised landscaped median. and street lighting.
Cost Estimate: Phase I $5.377.000
Proiect Location:
ci
II:
/g'/j¡J
" .
-
PROCTOR VALLEY ROAD (EAST "H" STREET)
MT. MIGUEL ROAD TO HUNTE PARKWAY
COST ESTIMATE
Esûmate
June 1992
I. Surface Improvements $ 4,102,000
ll. 15% Contingency 615 000
Subtotal $ 4,717,000
Ill. 6% Design $ 283,000
IV. 6 % Inspection & Administration 283.000
Subtotal $ 5,283,000
V. 2 % DIF Project Administration $ 94.000
TOTAL $ 5,377,000
USE $ 5.377.000
/ð"//I
--_.. - ..
'. £Y~IB!T G
PROJECT NO. 20
HUNTE P ARKW A Y
PROCTOR V ALLEY ROAD TO TELEGRAPH CANYON ROAD
Project Description: Construct Hunte Parlcway from Proctor Valley Road to Telegraph
Canyon Road as a four-lane major street (80 feet curb to curb).
Improvements to include grading, pavement, drainage facilities,
curb, sidewalk, street lighting, and .right-of-way acquisiûon.
Cost Estimate: $4,395,000
Project Location:
c
II:
) g------ J:J-
LDT ,nIB UXTONfT1lANSDIF .NAIl ~ 052093
BUNTE PARKWAY
PROCTOR VALLEY ROAD TO TELEGRAPH CANYON ROAD
COST ESTIMATE
Estimate
June 1992
I. Public Improvements $ 2,669,700
ll. 15% Contingency 400.300
Subtotal $ 3,070,000
1lI. 6% Design $ 184,200
IV. 6 % Inspection and Administration 184,200
Subtotal $ 3.438.400
V. Right-of-way acquisition $ 895,000
VI. 2 % DIF Administration $ 61.400
TOTAL $ 4,394,800
USE $ 4,395,000
1. Cost estimate includes right-of-way acquisition for the portion off-site of Salt Creek
Ranch.
/8'>/3
LDT ,SBIBUXTONITIlANSDIF .NAR -61- œ2093
/ eXHIBIT c-
PRELIMINARY COSTS BUDGET SUMMARY
SA L T CREEK RANCH
D.I.F. ROAD CREDITS
HUNTE PARKWAY
OFF-SITE (From South P.L. to Otay Lakes Rd.)
CITY OF CHULA VISTA
----------------------------------------------------------------------
CLIENT: J.M. DEVELOPMENT LF: 3,700
------------------------
ROW: 100
JOB/: 1413-24
------------ ACRES:
TOTAL
------------
IMPROVEMENTS.................................. $1,829,848
CONTINGENCY (15%)............................ $274,477
* DESIGN COSTS (6%)..... .. .. .. . . . . . .. . . . . . . . . .. $109,791
* INSPECTION & ADMINISTRATION COSTS (6%)....... $109,791
* DIF PROJECT ADMINISTRATION COSTS (2%)........ $36,597
------------
TOT A L.......... . . . . . . . . . . . . .. $2,360,504
------------
------------
NOTE: Full improvements for a 4 Lane Major 100' R/W.
Quantities were based on 40 scale improvement plans
as of 5/18/94.
* These costs will be reimbursed at actual expenditures.
HUNSAKER & ASSOCIATES INC.,
10179 Huennekens
San Diego, CA 92121
Tel: (619) 558-4500
Estimator: Terry Allbritain
File / [BDWNhpoc] Revised: December 20, 1996
)g-~t( Page 1
/
PRELIMINARY COSTS BUDGET SUMMARY
SA L T CREEK RANCH
D.I.F. ROAD CREDITS
HUNTE PARKWAY
OFF-SITE (From South P.L. to Otay Lakes Rd.)
CITY OF CHULA VISTA
----------------------------------------------------------------------
TOTAL
------------
GRADING & SITE PREPARATION...................... $466,116
PERIMETER WALLS & FENICING...................... $0
SLOPE PLANTING & IRRIGATION..................... $193,438
SANITARY SEWERS................................. $0
WATER DISTRIBUTION.............................. $0
STORM DRAINAGE.................................. $240,972
RECLAIMED WATER IMPROVEMENT..................... $0
ROADWAY IMPROVEMENTS............................ $807,090
UTILITIES....................................... $68,936
UTILITY REFUND.................................. $0
AMENITIES & SPECIAL CONST....................... $0
CONSULTANTS......................:.............. $0
GENERAL CONDITIONS & REQUIREMENTS............... $0
MAINTENANCE...:................................. $0
FEES & BONDS W/Final Map........................ $53,297
FEES & BONDS W/Build.Permit..................... $0
------------
SUB-TOTAL........................... $1,829,848
TOTAL..............-...................... $1,829,848
------------
------------
J?~/3 Page 2
E\(¡..! 'BIT c.....
PRELIMINARY COSTS BUDGET SUMMARY
S A L T C R E E K RANCH
D.I.F. ROAD CREDITS
HUNTE PARKWAY
From Proctor Valley Road to South P.L.
CITY OF CHULA VISTA
----------------------------------------------------------------------
CLIENT: J . M. DEVELOPMENT LF: 2,040
------------------------
ROW: 100
JOB/: 1413-24
------------ ACRES: 4.68
TOTAL
------------
IMPROVEMENTS.................................. $1,182,317
CONTINGENCY (15%)............................ $177,348
* DESIGN COSTS (6%)............................ $70,939
* INSPECTION & ADMINISTRATION COSTS (6%)....... $70,939
* DIF PROJECT & ADMINISTRATION COSTS (2%)...... $23,646
------------
TOT A L........................ $1,525,189
------------
------------
* These costs will be reimbursed at actual expenditures.
NOTE: Full improvements f~r a 4 Lane Major 100' R/W and a
equestrian trail.
Quantities were based on 40 scale improvement plans
as of 5/18/94.
HUNSAKER & ASSOCIATES INC.,
10179 Huennekens
San Diego, CA 92121
Tel: (619) 558-4500
Estimator: Terry Allbritain
File / [BDWNhpc] Revised: December 20, 1996
J?-/Þ Page 1
PRELIMINARY COSTS BUDGET SUMMARY
SA L T C R E E K RANCH
D.I.F. ROAD CREDITS
HUNTE PARKWAY
From Proctor Valley Road to South P.L.
CITY OF CHULA VISTA
----------------------------------------------------------------------
TOTAL
------------
GRADING & SITE PREPARATION...................... $312,604
PERIMETER WALLS & FENICING...................... $0
SLOPE PLANTING & IRRIGATION..................... $267,112
SANITARY SEWERS................................. $0
WATER DISTRIBUTION.............................. $0
STORM DRAINAGE.................................. $117,058
RECLAIMED WATER IMPROVEMENT..................... $0
ROADWAY IMPROVEMENTS............................ $418,163
UTILITIES....................................... $32,944
TOTAL UTILITY REFUND............................ $0
AMENITIES & SPECIAL CONST....................... $0
CONSULTANTS.......................,.............. $0
GENERAL CONDITIONS & REQUIREMENTS............... $0
MAINTENANCE..................................... $0
FEES & BONDS W/Final Map........................ $34,436
FEES & BONDS W/Build.Permit..................... $0
------------
SUB-TOTAL........................... $1,182,317
TOTAL.................................... $1,182,317
------------
------------
/8--- /7 Page 2
- Exf-J I 61 T C-
PRELIMINARY COSTS BUDGET SUMMARy
SA L T C R E E K RANCH
D.I.F. ROAD CREDITS
PROCTOR VALLEY ROAD OFFSITE
From Western Subdivision Boundary to Mt. Miguel Road
CITY OF CHULA VISTA
----------------------------------------------------------------------
CLIENT: J.M. DEVELOPMENT LF: 1,370
------------------------
ROW: 128
JOB/: 1413-24
------------ ACRES:
TOTAL
------------
IMPROVEMENTS.................................. $2,456,415
CONTINGENCY (15%)............................ $368,462
* DESIGN COSTS (6%) . . . . . . . . . . . . .. .. ... . . . . . . . .. $147,385
* INSPECTION & ADMINISTRATION COSTS (6%)....... $147,385
* DIF PROJECT ADMINISTRATION COSTS (2%)........ $49,128
------------
TOT A L........................ $3,168,775
------------
------------
NOTE: Full improvements for a 6 Lane Prime Arterial with
a 128' R/W and equestrian/hiking trial.
* These costs will be reimbursed at actual expenditures.
HUNSAKER & ASSOCIATES INC.,
10179 Huennekens
San Diego, CA 92121
Tel: (619) 558-4500
Estimator: Terry Allbritain
File # [pvrdifof] Revised: December 20, 1996
jg--/r Page 1
/
/
PRELIMINARY COSTS BUDGET SUMMARY
S A L T C R E E K RANCH
D.I.F. ROAD CREDITS
PROCTOR VALLEY ROAD OFFSITE
From Western Subdivision Boundary to Mt. Miguel Road
CITY OF CHULA VISTA
----------------------------------------------------------------------
TOTAL
------------
GRADING & SITE PREPARATION...................... $1,826,112
PERIMETER WALLS & FENICING...................... $0
SLOPE PLANTING & IRRIGATION..................... $83,688
SANITARY SEWERS................................. $0
WATER DISTRIBUTION.............................. $0
STORM DRAINAGE.................................. $67,915
RECLAIMED WATER IMPROVEMENT..................... $0
ROADWAY IMPROVEMENTS............................ $377,478
UTILITIES....................................... $29,676
UTILITY REFUND.................................. $0
AMENITIES & SPECIAL CONST....................... $0
CONSULTANTS......................'............... $0
GENERAL CONDITIONS & REQUIREMENTS............... $0
MAINTENANCE...;................................. $0
FEES & BONDS W/Final Map........................ $71,546
FEES & BONDS W/Build.Permit..................... $0
------------
SUB-TOTAL........................... $2,456,415
TOTAL.................................... $2,456,415
------------
------------
) g--- Ie¡ Page 2
----- EXHI51T L-
PRELIMINARY COSTS BUDGET SUMMARY
S A L T CREEK RANCH
D.!.F. ROAD CREDITS
PROCTOR VALLEY ROAD
From Western Subdivision Boundary to Hunte Parkway
CITY OF CHULA VISTA
----------------------------------------------------------------------
CLIENT: J.M. DEVELOPMENT LF: 3,660
------------------------
ROW: 128
JOB/: 1413-24
------------ ACRES:
TOTAL
------------
IMPROVEMENTS.................................. $1,892,919
CONTINGENCY (15%).. . . . .. . . . . . . . . . . ... . . . . .. .. $283,938
* DESIGN COSTS (6%)............................ $113,575
* INSPECTION & ADMINISTRATION COSTS (6%). . . . ... $113,575
* DIF PROJECT ADMINISTRATION COSTS (2%)........ $37,858
------------
TOT A L........ . . . . . . . . . . . . . . .. $2,441,865
------------
------------
NOTE: Full improvements for a 6 Lane Prime Arterial with
a 128' R/W and equestrian/hiking trial.
* These costs will be reimbursed at actual expenditures.
HUNSAKER & ASSOCIATES INC.,
10179 Huennekens
San Diego, CA 92121
Tel: (619) 558-4500
Estimator: Terry Allbritain
File / [pvrdif] Revised: December 20, 1996
/cY/~Ó Page 1
I
/
PRELIMINARY COSTS BUDGET SUMMARY
SA L T C R E E K RANCH
D.I.F. ROAD CREDITS
PROCTOR VALLEY ROAD
From Western Subdivision Boundary to Hunte Parkway
CITY OF CHULA VISTA
----------------------------------------------------------------------
TOTAL
------------
GRADING & SITE PREPARATION...................... $251,137
PERIMETER WALLS & FENICING...................... $0
SLOPE PLANTING & IRRIGATION..................... $242,802
SANITARY SEWERS................................. $0
WATER DISTRIBUTION.............................. $0
STORM DRAINAGE.................................. $161,350
RECLAIMED WATER IMPROVEMENT..................... $0
ROADWAY IMPROVEMENTS............................ $1,111,601
UTILITIES....................................... $70,896
UTILITY REFUND.................................. $0
AMENITIES & SPECIAL CONST....................... $0
CONSULTANTS......................:.............. $0
GENERAL CONDITIONS & REQUIREMENTS............... $0
MAINTENANCE..................................... $0
FEES & BONDS W/Final Map........................ $55,134
FEES & BONDS W/Build.Permit..................... $0
------------
SUB-TOTAL........................... $1,892,919
TOTAL.................................... $1,892,919
------------
------------
/;5--;2/ Page 2
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 6/17/97
ITEM TITLE: Resolution /8"? t1 ¡;proving Administering Agency - State Master
Agreement for Federal Aid Projects, No. 11-5203 in the City of Chula Vista
and Authorizing the Mayor to Execute the Agreement
SUBMITTED BY: Uirecto< o"""'Ii, W~k~
REVIEWED BY: City Manager j~ 'o~¡; ./I (4/5ths Vote: Yes - NoX)
Prior to the receipt of Federal funds for any local Federal Aid highway-oriented project, the City and
the State are required to enter into a master agreement relative to prosecution of said projects and
maintenance of the completed facilities. The previous master agreement was approved in 1978. The
updated master agreement now before Council sets forth the conditions for Federal Aid project
improvements, right of way, fiscal provisions, miscellaneous provisions and maintenance. This
agreement is similar to the previously approved agreement which was modified to reflect the new
provisions of the Intennodal Surface Transportation Efficiency Act (IS TEA) and modified Local
Assistance procedures. The State has requested that all agencies sign the updated master agreement.
RECOMMENDATION: That Council approve the Resolution Approving Administering
Agency - State Master Agreement for Federal Aid Projects, No. 11-5203 in the City of Chula Vista
and authorizing the Mayor to Execute the Agreement
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: Federal legislation known as the Intennodal Surface Transportation Efficiency
Act (ISTEA) and State legislation provide that certain Federal funds, surface Transportation Program
(RSTP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ), may be made
available for use on local transportation facilities of public agencies qualified to receive federal
funds. Before Federal aid will be made available for a specific program project the local agency and
State are required to enter into an agreement relative to prosecution of said project and maintenance
of the completed facility. The agreement is a standard master agreement prepared by the State for
execution by all participating local agencies. Supplements to the master agreement covering
individual projects will be executed to implement specific projects.
The previous master agreement was executed in 1978. The updated master agreement now before
Council has been modified to include the new provisions of the ISTEA and the Local Programs
Procedure which outlines the new procedures to be followed by Jocal agencies in administering
Federal-aid funded projects. The provisions included in the updated master agreement are:
J;J~/
Page 2, Item-
Meeting Date 6/17/97
1. Project administration-- outlines general administration procedures for projects.
2. Rights ofway-- outlines procedures for right of way acquisition for projects.
3. Management and maintenance of Property-- provides for the future management and
maintenance of compJeted projects/facilities.
4. Fiscal Provisions-- outlines procedures for project financing and payment of project
costs
5. Retention ofRecords-- covers requirements for retention of records by the local agency
(City) and requirement for independent audit if City receives more than $100,000 of Federal
Aid per fiscal year.
6. Federal Lobbying Activities Certification--covers requirements for City certification that
no state or federal funds have been paid to any State or Federal employee, officer or
legislator to influence the award of any state or federal contract or, if said funds are paid, a
diclosure form is to be filed.
7. Miscellaneous Provisions--includes hold harmless provisions, disclosure requirements,
termination of Agreement for failure to perform by City.
8. Termination of Agreement-- covers terms for termination of Agreement and Program
Supplements for individual projects.
FISCAL IMPACT: Execution of the master agreement will allow the City to be reimbursed for
two approved Federal Aid (CMAQ) funded projects, Project TF 237, Adaptive Traffic Signal System
funded for $700,000 and and Project TF234, Protective Permissive Signals funded for $130,000 and
the City will be eligible for additional funding and reimbursement for future projects.
Attachment: Administering Agency - State Master Agreement (2)
File: 400-05-KYOI3
H, IHOMEIENGINEERIAGENDA ~STEA.EAF
May 30,1997 (825am)
}1-.2
RESOLUTION NO. J?5';?¿J?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING ADMINISTERING AGENCY -
STATE MASTER AGREEMENT FOR FEDERAL AID
PROJECTS, NO. 11-5203 IN THE CITY OF CHULA
VISTA AND AUTHORIZING THE MAYOR TO EXECUTE THE
AGREEMENT
WHEREAS, prior to the receipt of Federal funds for any
local Federal Aid highway-oriented project, the City and the State
are required to enter into a master agreement relative to
prosecution of said projects and maintenance of the completed
facilities; and
WHEREAS, the previous master agreement was approved in
1978 and the updated master agreement sets forth the conditions for
Federal Aid project improvements, right of way, fiscal provisions,
miscellaneous provisions and maintenance; and
WHEREAS, this agreement is similar to the previously
approved agreement which was modified to reflect the new provisions
of the Intermodal Surface Transportation Efficiency Act (ISTEA) and
modified Local Assistance procedures; and
WHEREAS, the State has requested that all agencies sign
the updated master agreement.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve administering Agency -State
Master Agreement for Federal Aid Project, No. 11-5203 in the City
of Chula Vista, a copy of which is on file in the office of the
City Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt, Director of Attorney
Public Works
C:\rs\11.5203.agr
/;1-.3
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT
FOR
FEDERAL-AID PROJECTS
11 Citv of Chula Vista
District Administering Agency
Agreement No. 11-5203
This AGREEMENT, made effective this - day of ,1997, is by and between
the City of Chula Vista, hereinafter referred to as "ADMINISTERING AGENCY," and the State of
California, acting by and through the California Department of Transportation (Caltrans), hereinafter
referred to as "STATE."
WITNESSETH:
WHEREAS, the Congress of the United States has enacted the Intermodal Surface Transportation
Efficiency Act of 1991 to fund programs which include, but are not limited to, the Surface Transportation
Program (RSTP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the
Transportation Enhancement Activities Program (TEA), and the Bridge Replacement and Rehabilitation
Program (HERR) (collectively the "Programs"); and
WHEREAS, the Legislature of the State of California has enacted legislation by which certain
Federal funds (RSTP and CMAQ) may be made available for use on local transportation facilities of public
entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law; and
WHEREAS, before Federal-aid will bë made available for a specific Program project,
ADMINISTERING AGENCY and STATE are required to enter into an agreement relative to prosecution
of said project and maintenance of the completed facility.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any Program project
unless and until a project-specific Program Supplement to this AGREEMENT for Federal-aid Projects,
hereinafter referred to as "PROGRAM SUPPLEMENT," has been executed.
2. The term "PROJECT," as used herein, means that authorized project financed in part with
Federal funds as further described in an "Authorization to Proceed" document executed by STATE, in the
subsequent specific PROGRAM SUPPLEMENT, and in a Federal-aid Project Agreement (PR-2).
3. The Financial commitment of ST ATE administered federal funds will occur only upon the
execution of this AGREEMENT, and the execution of each project-specific PROGRAM SUPPLEMENT
and PR-2.
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4. ADMINISTERING AGENCY further agrees, as a condition to payment of funds obligated
to a PROJECT, to comply with all the agreed-upon Special Covenants or Remarks attached to the
PROGRAM SUPPLEMENf identifying and defining the nature of the specific PROJECT.
5. The PROGRAM SUPPLEMENT shall designate the party responsible for implementing
the various phases of the PROJECT, the Federal funds requested, and the matching funds to be provided
by ADMINISTERING AGENCY and/or STATE. Adoption of the PROGRAM SUPPLEMENT by
ADMINISTERING AGENCY and approval by STATE shall cause such PROGRAM SUPPLEMENT to
be executed and be a part of this AGREEMENT as though fully set forth herein. Unless otherwise
expressly delegated in a resolution by the ADMINISTERING AGENCY's governing body, the
PROORAM SUPPLEMENf shall be approved and managed by the ADMINISTERING AGENCY's
governing body.
6. ADMINISTERING AGENCY shall conform to all State statutes, regulations and
procedures (including those set forth in LPP 95-07, "Reengineering," and subsequent approved revisions
.. and Local Programs Manual updates, hereafter referred to as REENGINEERED PROCEDURES) relating
to the Federal-aid Program, all Title 23 Federal requirements, and all applicable Federal laws, regulations,
and policy and procedural or instructional memoranda, unless otherwise designated in the approved
PROGRAM SUPPLEMENf.
7. If PROJECT involves work on the State highway system, it shall also be the subject of a
separate standard form of encroachment permit and, where appropriate, a cooperative agreement betWeen
STATE and ADMINISTERING AGENCY to determine how the PROJECT is to be constructed.
8. If PROJECT is not on STATE-owned right of way, PROJECT shall be constructed in
accordance with REENGINEERED PROCEDURES. The REENGINEERED PROCEDURES describe
minimum statewide design standards for local agency streets and roads. The REENGINEERED
PROCEDURES for projects off the National Highway System (NHS) allow the STATE to accept either
the minimum statewide design standards or ADMINISTERING AGENCY -approved geometric design
standards. Also, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved
standard specifications, standard plans, and materials sampling and testing quality assurance programs that
meet the conditions described in the REENGINEERED PROCEDURES.
9. When PROJECT is not on the-State highway system but includes work to be performed by
a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE,
as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an
agreement with the railroad providing for future maintenance of protective devices or other facilities
installed under the contract .
10. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and
inspection of each PROJECT. As provided in.the REENGINEERED PROCEDURES, work may be
performed by a consultant(s), provided a fully qualified and licensed employee of ADMINISTERING
AGENCY is in responsible charge.
11. The Congress of the United States, the Legislature of the State of California, and the
Governor of the State of California, each within their respective jurisdiction, have prescribed cenain
employment practices with respect to work fInanced with Federal or State funds. ADMINISTERING
AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES
ADDENDUM (Exhibit A attached hereto) whenever State funds finance part of the PROJECT, and the
NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY
further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for
)9~ S-- 11129/95
/è"
performance of work connected with the PROJECT shall incorporate Exhibits A (whenever State funds
finance part of the PROJECT) and Exhibit B (with third party's name replacing ADMINISTERING
AGENCY) as parts of such agreement
ARTICLE II - RIGHTS OF WAY
1. No contract for the construction of a Federal-aid PROJECr shall be awarded until the
necessary rights of way have been secured. Prior to the advertising for construction of the PROJECT,
ADMINISTERING AGENCY shall certify and, upon request, shall furnish STAlE with evidence that
necessary rights of way are available for construction purposes or will be available by the time of award of
the construction contract
2. ADMINISlERING AGENCY agrees to indemnify and hold STAlE hannless from any
liability which may result in the event the right of way for a PROJECr is not clear as certified. The
furnishing of right of way as provided for herein includes, in addition to all real property required for the
PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as
required by applicable law, of damages to real property not actually taken but injuriously affected by
PROJECT. ADMINISlERING AGENCY shall pay, from its own non-matching funds, any costs which
arise out of delays to the construction of the PROJECT because utility facilities have not been removed or
relocated, or because rights of way have not been made available to ADMINISTERING AGENCY for the
orderly prosecution of PROJECT work.
3. Subject to STAlE approval and such supervision as is required in REENGINEERED
PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures,
ADMINISTERING AGENCY may claim reimbursement from Federal funds for expenditures to purchase
only necessary rights of way included in PROJECT after crediting PROJECT with the fair market value of
any excess property retained and not disposed of by ADMINISTERING AGENCY.
4. When real property rights are to be acquired by ADMINISTERING AGENCY for a
PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with the
Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
5. Whether or not Federal-aid is to be requested for right of way, should ADMINISTERING
AGENCY, in acquiring right of way for PROJECT, displace an individual, family, business, fann
operation, or non-profit organization, relocation payments and services will be provided as set forth in
Chapter 5 of Title 23, U.S. Code. The public will be adequately informed of the relocation payments and
services which will be available;and, to the greatest extent practicable, no person lawfully occupying real
property shall be required to move from hislher dwelling or to move hislher business or fann operation
without at least 9O-days written notice from ADMINISTERING AGENCY. ADMINISTERING
AGENCY will provide STATE with specific assurances, on each portion of the PROJECT, that no person
will be displaced until comparable decent, safe and sanitary replacement housing is available within a
reasonable period of time prior to displacement, and that ADMINISTERING AGENCY's relocation
program is realistic and adequate to provide orderly, timely and efficient relocation of displaced persons
for the PROJECT as provided in Federal Highway Programs Manual (FHPM 7-5).
6. In all real property transactions acquired for the PROJECr, following recordation of the
deed or such other recorded instrument evidencing title in the name of the ADMINISTERING AGENCY
or their assignee, there shall also be recorded a separate document which is an "Agreement Declaring
Restrictive Covenants." Said Agreement Declaring Restrictive Covenants will incorporate the assurances
included within Exhibits A and B and Appendices A, B, C and D, as appropriate, when executed by
ADMINIS1ERING AGENCY.
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ARTICLE ill - MANAGEMENT AND MAINTENANCE OF PROPERTY
1. ADMINIS1ERING AGENCY will maintain and operate the PROJECT property acquired,
developed, rehabilitated, or restored for its intended public use until such time as the parties might amend
ùûs AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or
its successors in interest in the property may transfer ùûs obligation and responsibility to maintain and
operate the property to another public entity.
2. Upon ADMINISTERING AGENCY acceptance of the completed Federal-aid construction
contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of
the work, the agency having jurisdiction over the PROJECT shall maintain the completed work: in a
manner satisfactory to the authorized representatives of STATE and the United States. If, within 90 days
after receipt of notice from STATE that a FROmer, or any portion thereof, under ADMINISTERING
AGENCY's jurisdiction is not being properly maintained and ADMINISTERING AGENCY has not
satisfactorily remedied the conditions complained of, the approval of future Federal-aid projects of
ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of
maintenance satisfactory to STATE and the Federal Highway Administration: The provisions ofùûs
section shall not apply to a PROmCf which has been vacated through due process of law.
3. The maintenance referred to in paragraph 2, above, includes not only the physical condition
of the PROmCf but its operation as well. PROmCf shall be maintained by an adequate and well-trained
staff of engineers and/or such other professionals and technicians as the project requires. Said
maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a
contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at
regular intervals or as required for efficient operation of the complete PROJECT improvements.
ARTICLE IV - FISCAL PROVISIONS
1. The PROmCf, or portions thereof, must be included in a Federally-approved Statewide
Transportation Improvement Program (FSTIP) prior to ADMINISTERING AGENCY submittal of the
"Request for Authorization."
2. State and Federal funds will not participate in PROmCf work: performed in advance of
approval of the "Authorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT
between STATE and ADMINISTERING AGENCY subsequently incorporating the "Authorization to
Proceed."
3. ADMINISTERING AGENCY may submit invoices in arrears for reimbursement of
participating PROJECT costs on a monthly or quarterly progress basis once the PROJECT PROGRAM
SUPPLEMENT has been executed by STATE and the PR -2 has been executed by FHW A. The total of all
amounts claimed, plus any required matching funds, must not exceed the actual total allowable costs of all
completed engineering work, right of way acquisition, and construction.
4. Invoices shall be submitted on ADMINISTERING AGENCY letterhead and shall include
ùûs AGREEMENT number, Federal-aid project number, and Progress billing number for the PROJECT,
and shall be in accordance with REENGINEERED PROCEDURES.
5. The estimated total cost of PROmCf, the amounts of Federal-aid programmed, and the
matching amounts agreed upon may be adjusted by mutual consent of the parties hereto in a Finance
Letter!Detail Estimate and a PR-2 document which are to be considered as part of ùûs AGREEMENT.
Federal-aid program amounts may be increased to cover PROJECT cost increases only if such funds are
available and FHW A concurs with that increase.
,k /;7-? 11/29/95
6. When additional federal-aid funds are not available, the ADMINISTERING AGENCY
agrees that the payment of Federal funds will be limited to the amounts approved by the PR-2, or its
modification (PR-2A), and agrees that any increases in PROJECT costs must be defrayed with
ADMINISTERING AGENCY funds.
7. ADMINISTERING AGENCY shall use its own nonfederal-aid funds to finance the local
share of eligible costs and all expenditures ruled ineligible for financing with Federal funds. .STATE shall
make the detennination of ADMINISTERING AGENCY cost eligibility for Federal fund fmancing.
8. Ally overpayment to ADMINISTERING AGENCY of amounts invoiced shall be returned
to STATE by ADMINISTERING AGENCY upon written demand.
9. Should ADMINISTERING AGENCY fail to refund all moneys due STATE as provided
hereunder or should ADMINISTERING AGENCY breach this Agreement by failing to complete
PROJECT, then, within 30 days of demand, or within such other period as may be agreed to in writing
between the parties hereto, STATE, acting through the State Controller, the State Treasurer, or any other
public agency, may withhold or demand a transfer of an amount equal to the amount owed to STATE from
future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users
Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY
Federal-aid projects.
10. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or
otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as ajoint
powers authority, special district, or any other public entity not directly receiving funds through the State
Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available,
including the withholding or transfer of funds, pursuant to Article N - 9, from those constituent entities
comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or
its constituent member entities, to recover all funds provided by STATE hereunder.
ARTICLE V - RETENTION OF RECORDS/AUDITS
1. For the purpose of detennining compliance with Public Contract Code Section 10115, et.
seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et, seq., when applicable, and
other matters connected with the perfonnanceof the Agreement pursuant to Government Code
Section 10532, ADMINISTERING AGENCY and any third party under contract with ADMINISTERING
AGENCY shall retain all original records to the project financed with Federal funds and shall make records
available upon request by Federal and State representatives. Following final settlement of the project costs
with FHW A the records/documents may be microfilmed by the ADMINISTERING AGENCY, but in any
event shall be retained for a period of three years from STATE payment of the final.voucher, or a four-year
period from the date of the final payment under the contract, whichever is longer. ADMINISTERING
AGENCY shall retain records/documents longer if required in writing by STATE.
2. Per the Single Audit Act of 1984, any ADMINISTERING AGENCY that receives
$100,000.00 or more per fiscal year in Federal Financial Assistance shall have an audit performed by an
independent audit firm per the Single Audit Act - (see OMB-A128, "Audits of State and Local
Governments").
ARTICLE VI . FEDERAL LOBBYING ACTIVITIES CERTIFICATION
1. By execution of this AGREEMENT, ADMINISTERING AGENCY certifies, to the best of
the signatory officer's knowledge and belief, that:
p . /;l---!5' 11129/95
A. No STATE or Federal appropriated funds have been paid or will be paid, by or on
behalf of ADMINIS1ERING AGENCY, to any person for influencing or attempting to influence an
officer or employee of any STATE or Federal agency, a Member of the State Legislature or United States
Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the
Legislature or Congress in connection with the awarding of any STATE or Federal contract including this
Agreement, the making of any STATE or Federal loan, the entering into of any cooperative contract, and
the extension, continuation, renewal, amendment, or modification of any STATE or Federal contract,
grant, loan, or cooperative contract
B. If any funds other than Federal appropriated funds have been paid, or will be paid,
to any person for influencing or attempting to influence an officer or employee of any Federal agency, a
member of Congress, an officer or employee of Congress or an employee of a member of Congress in
connection with this Agreement, grant, local, or cooperative contract, ADMINISTERING AGENCY shall
complete and submit Standard Fonn-LLL, "Disclosure Fonn to Rep Lobbying," in accordance with the
fonn instructions.
C. This certification is a material representation of fact upon which reliance was placed
when this Agreement was made or entered into. Submission of this certification is a prerequisite for
making or entering into this Agreement imposed by Section 1352, Title 31, U.S. Code. Any party who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
2. ADMINIS1ERING AGENCY also agrees by signing this document that the language of
this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such
sub-recipients shall certify and disclose accordingly.
ARTICLE VII - MISCELLANEOUS PROVISIONS
1. Neither STATE nor any officer or employee thereof shall be responsible for any damage or
liability occurring by reason of anything done, or omitted to be done, by ADMINIS1ERING AGENCY
under, or in connection with, any work, authority or jurisdiction delegated to ADMINIS1ERING
AGENCY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code
Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save hannless STATE,
its officers, and employees from all claims, suits or actions of every name; kind and description brought
for, or on account of, injury (as defined in Government Code Section 810.8) occurring by reason of
anything done, or omitted to be done, by ADMINISTERING AGENCY under, or in connection with, any
work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement STATE
reserves the right to represent itself in any litigation in which STATE's interests are at stake.
2. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done, or omitted to be done, by
STATE under, or in connection, with any work, authority, or jurisdiction delegated to STATE under this
AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4,
STATE shall fully indemnify and hold ADMINIS1ERING AGENCY harmless from any liability imposed
for injury (as derIDed by Government Code Section 810.8) occurring by reason of anything done, or
omitted to be done, by STATE under, or in connection with, any worlc, authority, or jurisdiction delegated
to STATE under this Agreement ADMINIS1ERING AGENCY reserves the right to represent itself in
any litigation in which ADMINISTERING AGENCY's interests are at stake.
3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING
AGENCY, when engaged in the perfonnance of this Agreement, shall act in an independent capacity and
not as officers, employees or agents of STATE.
/ 11-; llf29/95
4. ST A 1E may terÎninate this AGREEMENT with ADMINIS1ERING AGENCY should
ADMINIS1ERING AGENCY fail to perform the covenants herein contained at the time and in the manner
herein provided. In the event of such tennination, STA1E may proceed with the PROJECf work in any
manner deemed proper by STA1E. If STA1E terminates this AGREEMENT with ADMINISTERING
AGENCY, STA1E shall pay ADMINIS1ERING AGENCY the sum due ADMINISTERING AGENCY
under this AGREEMENT prior to tennination, provided, however, that the cost of PROJECf completion
to ST A1E shall first be deducted from any sum due ADMINISTERING AGENCY under this
AGREEMENT, and the balance, if any, shall then be paid ADMINIS1ER.ING AGENCY upon demand.
5. Without the written consent of STA1E, this AGREEMENT is not assignable by
ADMINIS1ERING AGENCY either in whole or in part
6. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or Agreement not incorporated herein
shall be binding on any of the parties hereto.
7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no
person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an
agreement or understanding for a co=ission, percentage, brokerage, or contingent fee, excepting bona
fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING
AGENCY for the purpose of securing business. For breach or violation of this warranty, STA1E has the
right to annul this AGREEMENT without liability, pay only for the value of the work actually performed,
or in ST A 1E's discretion, to deduct from the price of consideration, or otherwise recover, the full amount
of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code Section 10296, ADMINIS1ER.ING AGENCY
hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of
court by. a Federal court has been issued against ADMINIS1ERING AGENCY within the immediate
preceding two-year period because of ADMINISTERING AGENCY's failure to comply with an order of
a Federal court that orders ADMINIS1ERING AGENCY to comply with an order of the National Labor
Relations Board.
9. ADMINIS1ERING AGENCY shall disclose any financial, business, or other relationship
with STA1E or the FHW A that may have an impact upon the outcome of this AGREEMENT. .
ADMINIS1ER.ING AGENCY shall also list current contractors who may have a fmancial interest in the
outcome of this AGREEMENT.
10. ADMINIS1ERING AGENCY hereby certifies that it does not now have nor shall it
acquire any financial or business interest that would conflict with the performance of PROJECT under this
AGREEMENT.
11. ADMINIS1ERING AGENCY warrants that this AGREEMENT was not obtained or
secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STA1E
employee. For breach or violation of this warranty, STA1E shall have the right, in its discretion, to
terminate this AGREEMENT without liability, to pay only for the work actually performed, or to deduct
from the PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback,
or other unlawful consideration.
12. This Agreement is subject to any additional restrictions, limitations, conditions, or any
statute enacted by the State Legislature that may affect the provisions, terms, or funding of this
AGREEMENT in any manner.
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ARTICLE VIII - TERMINATION OF AGREEMENT 411
1. This Agreement and any PROGRAM SUPPLEMENT(s) executed under tills
AGREEMENT shall tenninate upon 60 days' prior written notice by STATE.
2. Each separate PROGRAM SUPPLEMENT shall separately establish the tenn and funding
limits for each described PROJECf funded under this Federal-aid program. No STATE or BIW A funds
are obligated against tills AGREEMENT.
IN WITNESS WHEREOF, the parties have executed tills AGREEMENT by their duly authorized
officers.
STATE OF CALJFORNIA ClTY OF CHULA VISTA
IE' AR1MENT Œ1RANSPCRTATICN
By By
Chief, Office of Local Programs ADMINISTERING AGENCY
Project Implementation Representative Name & Title
(Authorized Governing Body Representative)
Date Date
y /9---/( ll/29/95
EXHIBIT A
FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the perfonnance of this Agreement, ADMINISTERING AGENCY will not discriminate
against any employee for employment because of race, color, sex, religion, ancestry or national origin.
ADMINISTERING AGENCY will take affinnative action to ensure that employees are treated during
employment, without regard to their race, sex, actual or perceived sexual orientation, color, religion,
ancestry, or national origin. Such action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay
or other fonDS of compensation; and selection for training, including apprenticeship. ADMINISTERING
AGENCY shall post in conspicuous places, available to employees for employment, notices to be
provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY will pennit access to the records of employment,
employment advertisements, application fonDs, and other pertinent data and records by STATE, the State
Fair Employment and Housing Commission, or any other agency of the State of California designated by
STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this
Agreement
3. Remedies for Willful Violation:
(a) STATE may detennine a willful violation of the Fair Employment provision to have
occurred upon receipt of a final judgment to that effect from a court in an action to
which ADMINISTERING AGENCY was a party, or upon receipt of a written
notice from the Fair Employment and Housing Commission that it has investigated
and detennined that ADMINISTERING AGENCY has violated the Fair Employ-
ment Practices Act and had issued an order under Labor Code Section 1426 which
has become [mal or has obtained an injunction under Labor Code Section 1429.
(b) For willful violation of this Fair Employment Provision, STATE shall have the
right to tenninate this Agreement either in whole or in part, and any loss or damage
sustained by STATE in securing the goods or services thereunder shall be borne
and paid for by ADMINISTERING AGENCY and by the surety under the
perfonnance bond, if any, and STATE may deduct from any moneys due or
thereafter may become due to ADMINISTERING AGENCY, the difference
between the price named in the Agreement and the actual cost thereof to STATE to
cure ADMINISTERING AGENCY's breach of this Agreement
~ /9~/?- 11129/95
EXHffiIT B
NONDISCRIMINA nON ASSURANCES
ADMINIS1ERING AGENCY HEREBY AGREES mAT, as a condition to receiving any Federal
financial assistance from the STA1E, acting for the U.S. Department of Transportation, it will comply
with Title VI of the Civil Rights Act of 1964, 78 Stat 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4
(hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
"Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of
Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal-aid
Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACf,
REGULATIONS, and other pertinent directives, no person in the United States shall, on the grounds of
race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity for which
ADMINIS1ERING AGENCY receives Federal financial assistance from the Federal Department of
Transportation, ADMINIS1ERlNG AGENCY HEREBY GIVES ASSURANCE mAT
ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement
This assurance is required by subsection 21.7(a) (I) of the REGULATIONS.
More specifically, and without limiting the above general assurance, ADMINIS1ERlNG
AGENCY hereby gives the following specific assurances with respect to its Federal-aid Program:
1. That ADMINIS1ERlNG AGENCY agrees that each "program" and each "facility" as
defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a
"program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements
imposed by, or pursuant to, the REGULATIONS.
2. That ADMINIS1ERING AGENCY shall insert the following notification in all solicitations
for bids for work or material subject to the REGULATIONS made in connection with the Federal-aid
Program and, in adapted fonn, in all proposals for negotiated agreements:
ADMINIS1ERING AGENCY hereby notifies all bidders that it will affinnatively
insure that in any agreement entered into pursuant to this advertisement, minority
business enterprises will be afforded full opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race, color,
sex, national origin, religion, age, or disability in consideration for an award.
3. That ADMINIS1ERING AGENCY shall insert the clauses of Appendix A of this
assurance in every agreement subject to the ACf and the REGULATIONS.
4. That the clauses of Appendix B of this Assurance shall be included as a covenant rwming
with the land, in any deed effecting a transfer of real property, structures, or improvements thereon, or
interest therein.
5. That where ADMINIS1ERlNG AGENCY receives Federal financial assistance to construct
a facility, or part of a facility, the Assurance shall extend to the entire facility and facilities operated in
connection therewith.
~ /9-/3 11129/95
6. That where ADMINISTERING AGENCY receives Federal fInancial assistance in the
form, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to
rights to space on, over, or under such property.
7. That ADMINISTERING AGENCY shall include the appropriate clauses set forth in
Appendix C and D of this Assurance. as a covenant running with the land, in any future deeds, leases.
pe~ts, licenses, and similar agreements entered into by the ADMINISTERING AGENCY with other
parnes:
Appendix C;
(a) for the subsequent transfer of real property acquired or improved under the Federal-
aid Program; and
Appendix D;
(b) for the construction or use of or access to space on, over, or under real property
acquired, or improved under the Federal-aid Program.
8. That this assurance obligates ADMINISTERING AGENCY for the period during which
Federal financial assistance is extended to the program. except where the Federal fmancial assistance is to
provide, or is in the form of. personal property or real property of interest therein, or structures, or
improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any
transferee for the longer of the following periods:
(a) the period during which the property is used for a purpose for which the Federal
financial assistance is extended, or for another purpose involving the provision of
similar services or benefits; or
(b) the period during which ADMINISTERING AGENCY retains ownership or
possession of the property.
9. That ADMINISTERING AGENCY shall provide for such methods of administration for
the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates
specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub-
grantees. applicants, sub-applicants, transferees. successors in interest, and other participants of Federal
financial assistance under such program will comply with all requirements imposed by, or pursuant to, the
ACT, the REGULATIONS, this Assurance and the Agreement.
10. That ADMINISTERING AGENCY agrees that the United States and the State of California
have a right to seekjudicial enforcement with regard to any matter arising under the ACT, the
REGULATIONS, and this Assurance.
TIllS ASSURANCE is given in consideration of and for the purpose of obtaining any and all
Federal grants, loans, agreements. property, discounts or other Federal fmancial assistance extended after
the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of
Transportation, and is binding on ADMINISTERING AGENCY. other recipients, subgrantees,
applicants, sub-applicants, transferees, successors in interest and other participants in the Federal-aid
Highway Program.
ß J '1---/ t( 11/29/95
APPENDIX A TO EXHIBIT B
During the perfonnance of this Agreement, ADMINIS1ERING AGENCY, for itself, its assignees
and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as
follows:
(1) ComDliance with Re~lations: ADMINISTERING AGENCY shall comply with the
regulations relative to nondiscrimination in Federally assisted programs of the Department of
Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to
time, (hereinafter referred to as the REGULATIONS), wlùch are herein incorporated by reference and
made a part of this agreement
(2) Nondiscrimination: ADMINIS1ERING AGENCY, with regard to the work perfonned by
it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin,
religion, age, or disability in the selection and retention of sub-applicants, including procurements of
materials and leases of equipment ADMINISTERING AGENCY shall not participate either directly or
indirectly in the discrimination prolùbited by Section 21.5 of the REGULATIONS, including employment
practices when the agreement covers a program set forth in Appendix B of the REGULATIONS.
(3) Solicitations for Sub-a~ments. Includinl!' Procurements of Materials and Equipment: In
all solicitations either by competitive bidding or negotiation made by ADMINIS1ERING AGENCY for
work to be perfonned under a Sub-agreement, including procurements of materials or leases of equipment,
each potential sub-applicant or supplier shall be notified by ADMINIS1ERING AGENCY of the
ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to
nondiscrimination on the grounds of race, color, or national origin.
(4) Infonnation and Reports: ADMINISTERING AGENCY shall provide all infonnation and
reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to
ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities
as may be determined by STATE or FHW A to be pertinent to ascertain compliance with such
REGULATIONS or directives. Where any infonnation required of ADMINISTERING AGENCY is in
the exclusive possession of another who fails or refuses to furnish this infonnation, ADMINISTERING
AGENCY shall so certify to STATE or the FHWA as appropriate, and shall set forth what efforts
ADMINISTERING AGENCY has made to obtain the infonnation.
(5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's
noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such
agreement sanctions as it or the FHW A may determine to be appropriate, including, but not limited to:
(a) withholding of payments to ADMINISTERING AGENCY under the Agreement until
ADMINISTERING AGENCY complies; and/or
(b) cancellation, termination or suspension of the Agreement, in whole or in part
(6) IncOl:poration of Provisions: ADMINISTERING AGENCY shall include the provisions of
paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of
equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto.
ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as
STATE or FHW A may direct as a means of enforcing such provisions including sanctions for
noncompliance, provided, however, that, in the event ADMINIS1ERING AGENCY becomes involved
in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction,
ADMINISTERING AGENCY may request STATE enter into such litigation to protect the interests of
STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such
litigation to protect the interests of the United States.
~
ðf J9--/~ 11129/95
APPENDIX B TO EXHIBIT B
The following clauses shall be included in any and all deeds effecting or recording the transfer of
PROJECT real property, structures or improvements thereon, or interest therein from the United States.
(GRANTING CLAUSE)
NOW, THEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the
condition that ADMINIS1ERING AGENCY will accept title to the lands and maintain the project
constructed thereon, in accordance with TItle 23, United States Code, the Regulations for the
Administration of Federal-aid for Highways and the policies and procedures prescribed by the Federal
Highway Administration of the Department of Transportation and, also in accordance with and in
compliance with the Regulations pertaining to and effectuating the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim
and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department
of Transportation in, and to, said lands described in Exhibit n An attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HA VB AND TO HOLD said lands and interests therein unto ADMINIS1ERING AGENCY
and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real property or
structures are used for a purpose for which Federal fmancial assistance is extended or for another purpose
involving the provision of similar services or benefits and shall be binding on ADMINIS1ERING
AGENCY, its successors and assigns;
ADMINISTERING AGENCY, in consideration of the conveyance of said lands and interests in
lan~, does hereby covenant and agree as a covenant running with the land for itself, its successors and
asSIgns,
(1) that no persòn shall on the grounds of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination with regard to any facility located wholly or in part on, over, or
under such lands hereby conveyed (;) (and) *
(2) that ADMINISTERING AGENCY shall use the lands and interests in lands so conveyed,
in compliance with all requirements imposed by or pursuant to TItle 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Non-discrimination in Federally-assisted programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended (;) and
(3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the
U.S. Department of Transportation shall have a right to re-enter said hinds and facilities on
said land, and the above-described land and facilities shall thereon revert to and vest in and
become the absolute property of the U.S. Department of Transportation and its assigns as
such interest existed prior to this deed. *
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of TItle VI of the Civil Rights Act of 1964.
~ 19-/? 11129/95
APPENDIX C TO EXHIBIT B
The following clauses shall be included in any and all deeds, licenses, leases, permits, or similar
instruments entered into by ADMINISTERJNG AGENCY, pursuant to the provisions of Assurance 7(a)
of Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his heirs, personal
representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the
event facilities are constructed, maintained, or otheIWise operated on the said propeny described in this
(deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program
or activity is extended or for another purpose involving the provision of similar services or benefits, the
(grantee, licensee, lessee, permittee, etc.), shall maintain and operate such facilities and services in
compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations,
U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in
Federally-assisted programs of the Department of Transportation - Effectuation of TItle VI of the Civil
Rights Act of 1964, and as said Regulations may be amended.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERJNG
AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been
made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERJNG
AGENCY shall have the right to re-enter said land and facilities thereon, and the above-described lands
and facilities shall thereupon revert to and vest in and become the absolute propeny of ADMINISTERING
AGENCY and its assigns.
* Reverter clause and related language to be used oruy when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
~ /7~/? 11129/95
APPENDIX D TO EXHffiIT B
The following shall be included in all deeds, licenses, leases, permits, or similar agreements
entered into by the ADMINIS1ERING AGENCY, pursuant to the provisions of Assurance 7 (b) of
Exhibit B.
The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal
representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby
covenant and agree (in the case of deeds, and leases add "as a covenant running with the land") that:
(1) no person on the ground of race, color, sex, national origin, religion, age or disability,
shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in
the use of said facilities;
(2) that in the construction of any improvements on, over, or under such land and the
furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age
or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination; and
(3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance
with the Regulations.
(Include in licenses, leases, permits, etc.)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINIS1ERING
AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess
said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been
made or issued.
(Include in deeds)*
That in the event of breach of any of the above nondiscrimination covenants, ADMINIS1ERING
AGENCY shall have the right to re-enter said land and facilities thereon, and the above-described lands
and facilities shall thereupon revert to and vest in and become the absolute property of ADMINIS1ERING
AGENCY, and its assigns.
* Reverter clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964.
ß )9~/r 1l/29195
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date...6L11L21..
ITEM TITLE: Report on consideration of an increase in sewer service charges.
SUBMITfED BY, "",,to, of ""bli, w~
REVIEWED BV, ŒY"""'\Ï¡ ItJ - (415'" V"", V'cN.X)
The City of Chula Vista's last sewer service rate increase was passed in July 1992. Annual
expenditures have increased from $8.62 million in Fiscal Year 1992-93 to an estimated $14.12
million in Fiscal Year 1997-98. Expenditures have exceeded revenues by a total of approximately
$4.5 million between Fiscal Years 1994-95 and 1996-97. In order to continue to meet expenses
related to the construction and operation of the sewage transportation and treatment system, the
sewer service rates must be increased.
RECOMMENDATION: That Council set a Public Hearing to consider raising the sewer service
charge for August 5, 1997 at 6:00 pm (time certain)
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City of San Diego has been planning for the upgrade of the Metropolitan Sewerage System
since 1987, when it decided to drop its request for a waiver from the requirement to convert the
Point Lorna Wastewater Treatment Plant from Advanced Primary to Secondary Treatment.
Subsequently, the City of San Diego began to proceed with an exceedingly expensive plan known
as Alternative IV, which was estimated to cost approximately $2.5 billion. This plan included
upgrading Point Lorna to secondary treatment standards, constructing several smaller water
reclamation plants, removing the sludge handling facilities from Fiesta Island and constructing two
expanded facilities (FIRP), extending the Point Loma outfall (known as the State Ocean Plan or
SOP), and expansion and rehabilitation of major sewage transmission lines. Based on this plan,
City staff prepared a long term recommendation for rate increases, which was presented to
Council in June and July 1990. This plan was based on the assumption that a gradual yearly
increase in sewer service rates would be preferable to steep increases enacted on a less frequent
basis. Also increasing rates in the 1980's and 1990's, accumulating money for future capital
costs, would help keep Chula Vista's rates lower than San Diego's, then now and in the future.
An increase in sewer service charges from $8.70 to $10.41 per single family house was approved
at that time.
In April 1992 the San Diego City Council refused to ratify the Clean Water Program as described
in Alternative IV and instead adopted the "Consumers' Alternative". The City of San Diego then
pursued a modification of its January 1990 consent decree with the U. S. Environmental Protection
c2¿:? -I
Page 2, Item -
Meeting Date.M11L21..
Agency based on the high cost of the original plan and its lack of scientific justification. On
March 31, 1994, Judge Rudi Brewster rejected the original consent decree as not in the public
interest and directed San Diego and the EP A to reach a new agreement. The revised plan was
estimated to cost about $1.5 billion, and included retaining advanced primary treatment at Point
Loma, construction of two water reclamation pJants, the FIRP (move sludge treatment from Fiesta
Island to Miramar) and SOP (extend the ocean outfall) projects, and expansion and rehabilitation
of sewage transmission lines.
The last sewer service charge increase, from $12.21 to $16.00 per single family home, was
adopted in July 1992 in order to cover anticipated expenses during that year. In July 1993
Council rejected the staff recommendation to increase the single family rate from $16.00 to $17.00
per month. Council directed staff not to propose a subsequent sewer rate increase until the
reserves in the Sewer Service Revenue Fund (Fund 225), over $9.0 million at that time, had been
reduced, and until the required Metro facilities and their long term costs were known.
A comparison of the sewer rate increases proposed in July 1990 and the actual rates is shown on
Attachment 1. Although the increase in Fiscal Year 1992-93 was higher than anticipated,
subsequent rates have been substantially lower. For example, the projected single family sewer
service rate for Fiscal Year 1996-97 was $19.96 per month, as compared to the actual current rate
of $16.00 per month.
Historical Revenues and Expenditures
Revenues and expenditures for Fiscal Years 1991-92 through 1996-97 are shown on Attachment
2. For the sake of consistency, payments to the Spring Valley Sanitation District ("Spring
Valley") are included under the years these charges were applicable, not necessarily the years they
were invoiced and paid. The charges paid to other agencies for regional sewage transportation,
treatment and disposal ("Metro" and "Spring Valley") increased 84 percent from $4,598,080 in
Fiscal Year 1991-92 to $8,462,027 in Fiscal Year 1996-97. These charges are now approximately
70 percent of the total budget for Fund 225. The increases are even more dramatic when
compared to the total of $521,772 paid to the City of San Diego for capacity and maintenance and
operation (M & 0) costs for Fiscal Year 1989-90, the year before extensive Clean Water Program
costs began to be incurred.
Although sewer service rates did not increase during this period, revenues increased
approximately 6.5 percent per year between Fiscal Years 1992-93 and 1994-95. This increase is
attributable to the increase in development during this period and the work of Engineering
Division staff in obtaining additional revenue by uncovering properties receiving sewer service
which had not previously been billed for this service. However, the increase in revenue was only
3.5 percent between Fiscal Years 1994-95 and 1995-96, possibly due to the slowdown in new
development. The revenue for Fiscal Year 1996-97 was originally estimated before the year end
information for Fiscal Year 1995-96 was available, so it is likely that the actual revenues for
02¿fl-,2
Page 3, Item -
Meeting Dateß11L22.
Fiscal Year 1996-97 will be at least equal to last year's revenue. Increased revenue due to new
customers in the next few years will, however, be at least partially offset by the decrease in
revenue due to depletion of the reserves in Fund 225.
The comparison between revenues and expenditures show that there was a combined revenue
shortfall of $4,507,574 for Fiscal Year 1994-95 through 1996-97. This shortfall was covered
through the depletion of the reserves in Fund 225.
Five Year Proiection of EJq)enditures
A projection of sewer system expenditures for Fiscal Years 1997-98 through 2001-02 for Fund
225 is shown on Attaclunent 3. The total for Fiscal Year 1997-98 is approximately $600,000 less
than the amount in the Fiscal Year 1997-98 City Budget. This amount was based on a detailed
Metropolitan Sewerage System budget for Fiscal Year 1997-98 distributed in May 1997 and
therefore too Jate for inclusion in the budget. The cost under Spring Valley Backbill includes the
10 percent M & 0 charges withheld by the City of Chula Vista until passage of a new Sewage
Transportation Agreement with the Spring Valley Sanitation District. This agreement was
approved by Council on May 20,1997.
The City of San Diego provided an estimated overall charge per million gallons of sewage for
Fiscal Years 1998-99 through 2001-02. This was multiplied times the estimated wastewater
discharge for these years. Based on the historic wastewater flow records for Fiscal Years 1991-92
through 1996-97, it is anticipated that flow directly into the Metro system will increase by
approximately 2.4 percent per year, while flow which discharges into the regional system through
the Spring Valley Outfall Sewer should increase by approximately 1.47 percent. Costs included
under General Fund Transfers and Miscellaneous were escalated based on the historic and
estimated costs from Fiscal Years 1991-92 through 1997-98.
As shown on Attaclunent 3, it is anticipated that expenditures will increase by about 17.0 percent
between Fiscal Year 1997-98 and 1998-99. Expenditures for the next several years after that are
expected to increase slowly based primarily on increases in sewage flow and inflation, since
construction of the major Clean Water Program projects should be compJeted by the end of Fiscal
Year 1998-99. Costs are not expected to decrease in the foreseeable future because the Clean
Water Program has been financed through the issuance of bonds with minimum tenus of 20
years.
Revenue Sources
In order to meet these expenses, staff investigated the following revenue sources:
1. Reserves in Fund 225
2. Transfers from other funds
~()-:J
Page 4, Item -
Meeting Dateß11L2Z..
3. Increase in sewer service charges
In order to determine the amount of reserve funds available, the anticipated revenues and
expenditures for Fiscal Years 1996-97 and 1997-98 were added to the fund balance on July 1,
1996 as shown below:
Balance in Fund 225 as of 7/1/96 $ 6,223,085
Est. FY1996-97 Revenue $10,434,000
Est. FY1996-97 Expenditures ($12,375,673)
Est. FY1997-98 Revenue (at current rates) $10,434,000
Est. FY1997-98 Expenditures ($14,115,950)
Est. Balance as of 7/1/98 $ 599,462
It therefore appears that the reserve will be almost depleted by the end of Fiscal Year 1997-98 if
additional revenue is not obtained. If Metro rates are higher than anticipated it is possible that
enough money will not be available to pay these costs. The reserve in Fund 225 can therefore no
longer be used to cover revenue shortfalls.
A second option would be to fmance appropriate portions of sewer expenses from other funds.
During Fiscal Year 1997-98 the City will need to pay $577,000 to the Spring Valley Sanitation
District for previously withheld Maintenance and Operation charges from Fiscal Year 1992-93.
An estimated total of $379,900 will be used to pay for Chula Vista's share of past costs for the
rehabilitation and replacement of the Spring Valley Outfall Sewer. Chula Vista's estimated
contribution for Fiscal Year 1997-98 would be $90,000. Therefore, a total of $469,900 could be
transferred from Fund 226, the Sewerage Facilities Replacement Fund, to pay for these costs.
As of May 28, 1997 Fund 222, the Trunk Sewer Capital Reserve Fund, had a value of
$16,213,248 in cash and investments. Revenues from sewer capacity charges are deposited into
this fund. As stated in Section 3.14.010 of the Municipal Code, these funds shall only be used,
"for the planning, design, or construction of sewage collection or treatment or water reclamation
purposes." We therefore separated out costs allocatable to the City of Chula Vista for the Clean
Water Program Capital Improvement Program as follows:
Fiscal Year Total CWP CIP Total Flow CV Flow CV Share New EDUs
íMgd} íMidl ..s.har!:
1995-96 $40,697,172 180.719 11.356 $2,557,300 $1,044,660
1996-97 $47,793,950 188.236 11.860 $3,011,300 $1,151,220
1997-98 $66,437,659 185.100 11.934 $4,027,855 $1,543,700
c2C - 7"
Page 5, Item -
Meeting Date..M11L2Z...
Chula Vista flow includes both flow discharged directly to the San Diego Metro system and flow
initially discharged to the Spring Valley Outfall. The Chula Vista share for Fiscal Year 1997-98
also takes into account wastewater quality as well as quantity. The "New ED Us Share" was based
on the ratio ofremaining capacity to total Chula Vista Metro capacity (19.2 mgd for Fiscal Year
1995-96 and 1996-97, 19.35 mgd for Fiscal Year 1997-98).
Funds deposited in Fund 222 will need to be used within the next five years in order to construct
a regional sewage trunk line along the southern border of Chula Vista which will provide
sufficient sewer capacity to accommodate the major developments in the eastern areas of the City,
such as EastLake, atay Ranch, Salt Creek Ranch, the Olympic Training Center and Sunbow II.
Portions of these developments are currently being temporarily pumped into the Telegraph Canyon
trunk sewer; however, there will not be enough capacity to accommodate these flows in the near
future. The cost of this sewer was estimated at $9.9 million in November 1994. Transferring
$3,739,580 from this fund into Fund 225 should not affect the financing of the regional sewerage
facilities.
The use of Fund 222 to pay for a portion of the future debt service for construction of Clean
Water Program Capital Improvement Projects will depend on the amount of annuaJ revenue, the
amount of annual debt service payable to San Diego and the actual cost of the regional sewerage
facilities. Since the non-interest revenue is dependent on the amount of new development, it can
fluctuate from year to year. Sewer capacity fee revenue (Account 222-3762) has been $2,013,246
for Fiscal Year 1996-97 through May 28, 1997. A review of revenues in this account from Fiscal
Year 1991-92 indicates that revenues have fluctuated between $1.8 and $2.3 million per year with
the exception of Fiscal Year 1992-93, when annual revenues were only $964,154. Previous
calculations indicate that the future development portion of Clean Water Program CIP projects
will likely be at least $1.0 million per year. It therefore seems reasonable to project future
transfers from Fund 222 to Fund 225 at $1.0 million per year.
Revenue Projections
Based on the fund transfers discussed above, revenue projections were prepared for the next five
years. It was assumed that monies which could not be obtained from other funds, interest and
miscellaneous revenue such as industrial waste pennit fees would need to be obtained from sewer
service charges. It was also assumed that a minimum reserve of 20 percent of expenses would
need to be maintained, since revenues from the Montgomery area collected on the tax bills are
generally not received by the City until December at the earliest, and revenues collected by the
atay Water District are received by the City two to three months after they are collected.
The number of Equivalent Dwelling Units (EDUs) per year was projected based on the anticipated
increase in flows into the Spring Valley trunk sewer and Metro system. Based on the prior years'
history, this increase is anticipated to be about 2.25 percent per year. By comparing historical
flows to revenues and reviewing prior studies, it was estimated that one EDU would be equal to
02¿:J5
Page 6, Item -
Meeting Date..6L11L21...
approximately 220 gallons per day of flow. Since the vast majority of sewer service revenues are
from single family or multiple family residences (over 90 percent in the Otay Water District
service area), and since the rate for both categories is the same per EDU, it was considered
appropriate to use the residential rate in the analysis.
Alternative 1 (Attachment 4) presents the sewer service rates which would be needed to pay for
expenses and maintain the reserve as discussed above. Due to the fund transfers, it would be
possible to avoid enacting a rate increase for Fiscal 1997-98. However, this would mean that an
increase of approximately $5.00 per month will be required in Fiscal Year 1998-99. The total
single family sewer service and stonn drain fee would be increased by approximately 30 percent
from $16.70 per month to $21.68 per month. An overall increase of about 8 percent to $23.40
would subsequently be required in Fiscal Year 1999-2000.
Due to the problems caused by a sudden high increase of this magnitude, a second alternative was
prepared (Attachment 5). This involved increasing the revenue to Fund 225 from the sewer
service charges by 15 percent per year, or an overall increase of about 13.8 percent from $16.70
to $19.00 in Fiscal Year 1997-98, and an overall increase of about 13.9 percent from $19.00 to
$21.65 in Fiscal Year 1998-99. This option would also involve a projected increase of
approximately 6.9 percent to $23.15 in Fiscal Year 2000-01.
Alternative 2 is recommended, since two increases of 14 percent per time should be easier for
customers to budget for than one 30 percent increase. Additionally, the overall rate after five
years is lower under Alternative 2. Neither alternative includes an increase of the sewer
replacement or stonn drain fees, which are each $0.70 per EDU for all years considered. The
stonn drain rate may be reevaluated at a later date.
In evaluating the appropriateness of a rate increase, we reviewed the current rates of other sewer
agencies in San Diego County (Attachment 6). Out of the twelve Metro agencies surveyed, Chula
Vista has the third lowest rate and is well below the average Metro rate of $22.63 per month for
single family homes. Even with the rate increase to $18.30 in Fiscal Year 1997-98 for the sewer
portion of the bill, Chula Vista would still have the third lowest rate of the Metro agencies based
on the previous year's schedule. Therefore, the rate increase appears reasonable. Staff is aware
that the County and City of San Diego will raise their rates next year by at least 5 % . Staff will
attempt to have more infonnation on other Agencies by the Public Hearing.
Proposed Sewer Rates
The proposed sewer service rates for all categories are shown beJow. In order to be equitable and
comply with State Guidelines for setting sewer rates, all rates will be increased by the same
percentage.
cJ¿!J~t
Page 7, Item -
Meeting Date..M1ZL21..
~ Without Storm Drain Fee Includin~ Storm Drain Fee
Single family $18.30/month $19.oo/month
Multiple family $1.84/100 cubic feet (HCF) $1.90/HCF water used
water used
Low income * $12.81/month $13.51/month
Commercial/Industrial
Low $1.68/HCF water used $1.74/HCF water used
Medium $2.07/HCF water used $2. 13/HCF water used
High $2.79/HCF water used $2.85/HCF water used
Proposition 218 Impacts
It is not clear if the sewer fee is covered under Proposition 218. This is because Prop 218 covers
fees that are charged solely because of property ownership. Sewer fees are not charged if the
house is not connected to the sewer. Therefore, a property owner who has a septic tank would
not be charged a sewer fee. Also, if the water is turned off, there would not be a sewer fee for
that time period. If the sewer fee is covered by Prop. 218 it is clear that it is not necessary to
have a ballot to raise the fee. However, there would have to be a public hearing held not less than
45 days after mailing notices of the rate increase to each property owner. To be safe, we are
complying with that provision of Prop. 218.
*It is staffs understanding that Prop. 218 would not allow us to give a discount to low income
users. This is because the costs of providing the service must be proportionate to benefit
received. A discount could be fmanced by other funds, such as General Fund and/or possibly
CBDG. Last year we had about 200 low income users, which would require a contribution of
around $15,000 to give a 30% discount. Staff could have more information about this issue by
the public hearing if Council wished to address this further.
FISCAL IMPACT: Adoption of this rate structure and the recommended transfers will allow
the City to cover the anticipated sewer-related expenses in Fiscal Year 1997-98. The City has
sufficient funds in Funds 222 and 226 to cover the transfer of $3,739,580 and $469,900,
respectively.
Attachments:
.l-'IS'~' S~i" Ch~g" w. CIwgo, Propo"¡ in Jw, 1990
2 Sewer Expenditures Over the Past Fiscal Years
Cost Projections for Fiscal Years 1997-98 through 2001-02
. Revenue Projections Alternative 1 - Fund Transfers, Fee Increase as Needed
~ 5. Revenue Projections Alternative 2 - Gradual Rate Increase
~ 6. Survey of San Diego County Sewer Fees per EDU
EMC: File: 0790-55- Ky-oSt erne 02d - ?
H:\SHAREDISEWRATES,JPL
June t2, 1997 (3:01pm)
A TT ACHMENT 1
ACTUAL SEWER SERVICE CHARGES
VS. CHARGES PROPOSED IN JULY 1990
$30
- - - -
$28 - - -
- - - -'
,
- -, - - -
S26 '-' , - - -, -
' - - '-, - ,
- -, - -, - -
-, - -
S24 -" , '- -, '- -, -
- - - - -, - -, - - - ,
- - - - , -, - - - , -,
- - - - ' ' - -,
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- -, - - ' - --, - - -
- - , - ---
- - - - " -' , - -, --- -
$20 ' - - - - - - '--
-, --- - - -, -
' - - - - - -
- - - -- '- " - - -,
$18 ' - -, '-
-- - -'- -, -
- - - -, -',
$16 - -, - - - - -
-'-- --
$14
$12
$10
S8
S6
94 95 96
PISC.Al., .
Y'E4Rs
! . ACTUAL CHARGES . PROPOSED CHARGES I
I ~iSCAL I ACTUAL I PROPOSED
YEAR CHARGES CHARGES
1990 I $8.70 $8.70
I 1991 I $10.41 S1 0.41
II 1992 I $12.21 S12.13
II 1993 I $16.00 S13.39
I 1994 T $16.00 S14.78
1995 I $16.00 S16.33
II 1996 I S16.00 S18.05
II 1997 I $16.00 S19.96
I 1998 I UNKNOWN S22.08 ;2CJrY
I 1999 T UNKNOWN S24.43
2000 I UNKNOWN S27.04
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ci!¿J-'/2-
ATTACHMENT 6
SURVEY OF SAN DIEGO COUNTY SEWER FEES PER EDU
MONTHL Y SINGLE FA MIL Y SEWER SERVICE CHARGES FOR PAST FIVE YEAR PERIOD
METRO AGENCIES FY 96/97 FY 95/96 FY 94/95 FY 93/94 FY 91/92 BILLING METHOD
CITY OF CHULA VISTA 16.00 16.00 16.00 16.00 12.21 THREE DISTRICTS (VARIED\
CITY OF CORONADO 31.64 31.64 27.55 27.55 20.00 ANNUAUTAX ROLL
CITY OF DEL MAR 35.41 35.41 35.41 35.41 29.08 BIMONTHLYIWATER BILL
CITY OF EL CAJON 18.33 15.86 15.00 14.58 13.32 BIMONTHLY/DIRECT BILL
CITY OF IMPERIAL BEACH 31.19 31.19 31.19 29.40 23.92 ANNUAUTAX ROLL
CITY OF LA MESA 20.00 19.58 17.08 15.75 15.75 BIMONTHLY/DIRECT BILL
CITY OF LEMON GROVE 14.08 14.08 14.08 14.08 14.08 ANNUAUTAX ROLL
CITY OF NATIONAL CITY 14.68 14.68 14.68 14.68 11.41 BIMONTHLYtDIRECT BILL
CITY OF POWAY 22.77 22.77 21.92 20.29 18.25 BIMONTHLY/ WATER BILL
CITY OF SAN DIEGO 24.28 21.28 18.15 17.06 15.08 BIMONTHLYIWATER BILL
LAKESIDE SANITATION DIST. 21.25 21.25 21.25 21.25 17.00 ANNUAUTAX ROLL
SPRING VALLEY SANITATION DIST. 21.91 21.91 21.91 20.25 14.50 ANNUAUTAX ROLL
AVERAGE RATE 22.63 22.14 21.19 20.53 17.05
NON-METRO AGENCIES FY 96/97 FY 95/96 FY 94/95 FY 93/94 FY 91/92 BILLING METHOD
CITY OF ESCONDIDO 14.70 14.15 14.15 14.15 14.15 MONTHLYIWATER BILL
CITY OF OCEANSIDE 19.26 19.26 16.33 18.33 18.33 MONTHLYIWATER BILL
CITY OF VISTA 15.42 15.42 15.42 15.42 14.92 ANNUAUTAX ROLL
AVERAGE RATE 16.46 16.2S 15.97 15.97 15.S0
~ =
TOTAL AVERAGE
(H:IHOMEIENGINEERISEWERISDSWRA T.WB1)
c2f)~/3
---------------------------------------------p-------------------- ----------------------
6-1ï-199ï 2,43Pt,l FROtl Cv CHAtlBEP COtltlERCE 6194201269 P,2
:r-t~n'\ ')..0
'< I iii
I ,'¡
['V: CHULA VISTA CHAMBER OF COMMERCE
" I
I: !I
AC:CREDITED
-..-...
......... .......,
..........."....
June 17, 1997
AN
INVESTMENT IN
THE FUTURE
John Goss. City Manager
BOARD OF DIRECTORS City of Chula Vista
President 276 Fourth Ave.
Dave Ward Chula Vista, CJ, 91910
President Elect
Brad Wilson Dear Mr. GOSS:
Vice Presidents: I have just completed a review of item 20 on tonight's
JoAnne Clayton
Jose Doria City Council agHnda, and I have several questions. (Many of
Dan Higgins the same quest ons that were asked in my November 1, 1996,
Bob Thomas
Memo, which r€ mains unanswered and is attached).
Members:
Renee Bardweil
Tom Davies How many sew 3r related funds are there?
Patti Davis
Susan Herney How much mono!y is in each?
Kevin Kreutzer
Tom McAndrews
Berta Mensik
Len Moore What loans frorl each or to each remain outstanding?
Scott Mosher
Fran Muncie
Gary Nordstrom What is the intEIrest rate paid to or by each?
Robert Penner. MD
Ben Richardson
Frank Scott In November of 1996, the sewer capacity fee was quoted to
Past President me as $2220 pm EDU, yet the item 20 information makes it
Chris Lewis look like the E[ U is $1044 going to $1543. What is the total
Executive Director EDU charge for sewer related cost in all sewer related funds?
Rod Davis
Although the mlmthly sewer fee per home comparison of
cities In the county is provided. there is no comparison of
total sewer fee~. Can a total of all sewer fees comparison be
provided?
Particularly unclear is the purpose of the multi-million
dollar transfer t::J the general fund listed in attachment 2 as
--- -- ------- ------- ------ - -- -- - - - -- - -.. - - - - ---
6-P-19972o44PH FROt1 Cv CHAHBER COHHERCE 6194201269 P_3
weli as an undiscussed miscellaneous expense line item that goes from
$171,000 plus to an almo.st $600,000 with no explanation.
The sewer rate is $16.00 per month, yet the sewer bill is $33.40. With
almost 30,000 households ir the city, where is this $223,000 plus
accounted for and what is it used for?
Thank you for your assistance in answering these questions, I look
forward to hearing from you
Sincerely,
Chula Vista Chamber of Corr merce
Director
RD:ce
cc: Mayor Shirley Horton
Councilman John Moot
Councilman Jerry Rindone
Councilman Steve Padilla
Councilwoman Mary Salas
John Lippet, Director of Public Works
- -- -u- u - - u - -_u - - ---- - --- --Un -u --- -u- ----u u ---un - - - - - --- - - ----
6-17-19972,50PH FROt1 CII CHAHBER COt,1t,1ERCE 6194201269 fO. 4
V CHULA VISH CHAMBER OF COMMERCE 1;1
.==---='- -- ACC~E!:>IT~D
,~"",,~~.,~,
Memo ;;"':.",::,;;~,::::
AN
INVESTMENT IN TO: Jobr Goss
T;-IE ¡:UTURE
DATE: 1l/t96
;C~RO OF DIRECTORS FROM: Rod Davis. Chula Vista Chamber of Commerce
' "SlC.~t
C'1;'5 _OWlS
SUB,JECT: Sew'r Questions
~'.5¡den: :Ieet
c.v~ Naro I have talked to s<:veral developers. primarily lJ1 commercial
'¡ic~ O'.SI~.nlS: properties, who aJ e not building because the sewer capacity fee is too
;:"fle:> S.r"o£ hi"h ($2220 per EDU). As a result of this information. I am
3o:;c~~e~:;'~~ submitting the fojloWÌllg questions: .
3r~c N"s~o
"'.."bers: The sewer capacit V fee is based on what? It is my understanciL'lg that
?ooee 3&rc',.,e;l we have been payng for our sewer capacity since 1964, and we would
:~S" ~?"'; pay for the sarne (apacity and at the same rate ÎÎ we never added a
.,..,e j,~en . ,
,csar. -,eroey new connecr..on.
~õO '-"9=,0£
~~:o",1~:;-~~~~"5 What then is the basis for our high sewer fees? Obviously we must be
-9" ",1 ,~!e building a reserve. How big v.i.lJ. the reserve be allowed to grow before
;'.;:::~";:;~~, .", we consider reduc ng our fees? Especially since the threat of secondarj'
::~:;::-:,;;~cd'" sewer treatment.bas been removed. How much is our reserve? 'Wllere
-'on,. co:,. is it invested? Wh.!t is the return? Have we borrowed sewer funds for
'10', ='-'-' ~I"" .
~~.; "e~,;"~" other purposes? If so, how much? 'vVhat interest rate do we pay the
sewer fund? Have we considered a sewer fee reduction incenti....e for
=~~O~.~;.~= :)".0"" businesses that bI ing jobs and revenue to the city?
One developer is b ringi.ng a medical related company to town and they
will have 40 sinks which cost $466 each in sewer capacity fees,
As always, the Ch:unber appreciates your assistance and cooperation,
~.,
/!r/
}\od Davis, ExecUt:ve Director
cc: Mayor and City Council
.---...._,.,..... ... ...A.._- ....