HomeMy WebLinkAboutAgenda Packet 2004/08/03
CITY COUNCIL AGENDA
August 3, 2004 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHULA VISTA
City Council
Patty Davis
John McCann
Jerry R. Rindone
Mary Salas
Stephen C. Padilla, Mayor
City Manager
David D. Rowlands, Jr.
City Attorney
Ann Moore
City Clerk
Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's website at:
www.chulavistaca.gov
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August 3, 2004
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the .
Office of the City Clerk and that I poste~ this
document on the bulletin board according to
Brown Act requirements. 4
AGENDA Dated fo~1 Signed Jt;~
4:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY CITY ATTORNEY, ANN MOORE, OF THE EMPLOYEE OF
THE MONTH, JOYCE MALVEAUX, LEGAL ASSISTANT
. OATHS OF OFFICE:
Katherine Magallon - Design Review Committee
Margie Reese - Housing Advisory Commission
Gene Pellerin - Veterans Advisory Commission
CONSENT CALENDAR
(Items 1 through 12)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. APPROVAL OF MINUTES of July 13 and July 20, 2004.
Staff recommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (SECOND
READING)
The California Border Alliance Group (CBAG) has requested the reclassification of one
of the CBAG Management Assistant to CBAG Executive Assistant. Chula Vista City
Charter section 500 requires that all unclassified positions not mentioned specifically in
Charter section 500 be added by Ordinance. Adoption of the ordinance amends
Municipal Code section 2.05.010 to add the unclassified position ofCBAG Executive
Assistant. This ordinance was introduced on July 20,2004. (Police Chief)
Staff recommendation: Council adopt the ordinance.
Page 1 - Council Agenda
August 3,2004
3.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $6,750 FROM THE CENTER FOR PROBLEM-ORIENTED POLICING,
AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET AND
APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED)
The Police Department received funding :fÌ'om the Center for Problem-Oriented Policing
to develop a guidebook as part of the U.S. Department of Justice's Problem-Oriented
Policing Guides for Police. The series currently includes 25 guides on topics ranging
:fÌ'om residential burglary in single-family homes to car thefts in parking facilities, and
provides recommendations to police and communities to reduce these problems. (Chief.
of Police)
Staff recommendation: Council adopt the resolution.
4.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $40,000 FROM NORTH CAROLINA STATE UNIVERSITY,
AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET FOR THE
INSTITUTIONALIZING PROBLEM ANALYSIS PROJECT AND APPROPRIATING
FUNDS THEREFOR (4/5THS VOTE REQUIRED)
The Police Department has received funding :fÌ'om North Carolina State University as part
of the u.S. Department of Justice project, "Institutionalizing Problem Analysis". The
purpose of this project is to develop a program to institutionalize problem analysis
throughout police departments nationwide. The Chula Vista Police Department is one of
five select agencies participating in this innovative project. (Chief of Police)
Staff recommendation: Council adopt the resolution.
5.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT WITH THE CHULA VISTA CHAMBER OF
COMMERCE FOR $20,000 IN FINANCIAL ASSISTANCE FOR CELEBRATE
CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
For many years, the City has contracted with the Chamber of Commerce to present a late
summer festival co-sponsored by the City, the Chamber and the Port of San Diego. This
year the event will be held on Saturday, September 11. With this agreement, the City
will contract with the Chamber of Commerce to produce Celebrate Chula Vista.
(Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
6 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE 11, NEIGHBORHOODS R-8 AND R-9, APPROVING THE
ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS, AND APPROVING A SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO.
01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-8 AND R-9
Page 2 - Council Agenda
August 3, 2004
7.
8.
9A.
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT
FOR CHULA VISTA TRACT 01-11, OTAY RANCH VILLAGE 11,
NEIGHBORHOODS R-8 AND R-9
On October 23, 2001, the Council approved a tentative subdivision map for Otay Ranch
Village II. Approval of the Final "Boo Map, its associated subdivision and supplemental
subdivision improvement agreements, and a grant of easements and maintenance
agreement will allow the project to proceed. (Director of General Services, City
Engineer)
Staff recommendation: Council adopt the resolutions.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR
2004/2005 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1,
98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2,06-1, 07-1, 08-1, 07M, 08M, AND 09M;
AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH
THE SPECIAL TAX FOR EACH DISTRICT
Seventeen Community Facilities Districts were formed during Fiscal Years 1998-2004.
Each year, a special tax must be levied in each of the districts to pay for the maintenance
of open space and preserve areas, or to repay bondholders. (Director of General Services,
City Engineer)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DELETING ONE ENGINEERING TECHNICIAN II POSITION AND ADDING ONE
ADMINISTRATIVE ANALYST II POSITION
The nature of the work currently performed by the Engineering Technician within the
Special Tax Districts Section of the General Services Department has evolved such that
the Technician now performs work of a predominantly fiscal and analytical nature.
These tasks and duties are more appropriately performed by an Administrative Analyst.
(Director of General Services)
Staff recommendation: Council adopt the resolution.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 99-04, SAN
MIGUEL RANCH, PHASE ill "A" MAP NO. I; APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS; APPROVING A SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 99-04, SAN
MIGUEL RANCH, PHASE III "A" MAP NO. I; APPROVING THE SAN MIGUEL
RANCH PHASE 3 BASIN MAINTENANCE, GRADING MITIGATION, AND
EROSION, SEDIMENTATION AND NPDES COMPLIANCE AGREEMENT
Page 3 - Council Agenda
August 3,2004
B.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE
AGREEMENTS FOR CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH,
PHASE III "A" MAP NO. I
C.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE DRAINAGE ENCROACHMENT PERMIT AND MAINTENANCE
AGREEMENT FOR PROCTOR VALLEY ROAD CULVERTS WITHIN CAL TRANS'
BONITA MEADOW MITIGATION SITE
D.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE JOINT USE AGREEMENT WITH THE SAN DIEGO COUNTY
WATER AUTHORITY FOR RIGHT OF WAY, SEWER AND DRAINAGE
ADJACENT TO PROCTOR VALLEY ROAD
On February 29, 2000 Council approved a tentative subdivision map for San Miguel
Ranch. The "A" Map and associated agreements will create lots for the major planning
areas within the fmal phase of San Miguel Ranch (Phase 3) but does not create any
residential lots. The area is generally northeast of Proctor Valley Road, west of SR-125.
(Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolutions.
10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDER NO. I FOR THE LOCAL STREETS PAVEMENT
REHABILITATION PROJECT (STL-300) IN THE AMOUNT OF $37,658.75,
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO
EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY, AND
AUTHORIZING STAFF TO INCREASE THE VALUE OF THE CONTRACT TO
EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $57,658.75 FROM
THE 2004 PAVEMENT REHABILITATION PROJECT (STL-293) TO THE LOCAL
STREETS PAVEMENT REHABILITATION PROJECT (STL-300) FOR
ADDITIONAL SCOPE OF WORK AND STAFF TIME EXPENSES INCURRED
PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT, AND FOR
ADDITIONAL INSPECTION SERVICES (4/5THS VOTE REQUIRED)
Adoption of the resolutions approves change order no. one to the local streets pavement
rehabilitation project, in the amount of $37,658.75, for additional streets to be included
for pavement rehabilitation. The additional $20,000 is for staff time expenses incurred
prior to and during construction of the project and for inspection services for the
increased scope of work. (Director of General Services)
Staff recommendation: Council adopt the resolutions.
Page 4 - Council Agenda
August 3, 2004
II A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM E STREET TO H STREET
FOR THE CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON AUGUST 15,
2004, FROM 4:00 A.M. - 9:00 P.M., WAIVING PROHIBITION ON SIDEWALK
SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN
BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF THIRD AVENUE FROM "D" STREET TO "I" STREET,
"H" STREET BETWEEN SECOND AND FOURTH AVENUES, AND PORTIONS OF
INTERSECTING STREETS FROM 1:00 P.M. TO 10:00 P.M. ON SATURDAY,
DECEMBER 4,2004, FOR THE ANNUAL STARLIGHT YULE PARADE
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CLOSURE OF A PORTION OF CENTER STREET BETWEEN THIRD
AVENUE AND DEL MAR AVENUE FROM 1:00 - 10:00 P.M. ON SATURDAY,
DECEMBER 4, 2004, WAIVING THE PROHIBITION ON SIDEWALK SALES AND
WAIVING BUSINESS LICENSE FEES TO THE DOWNTOWN BUSINESS
ASSOCIATION AND VENDORS FOR PURPOSES OF HOLDING A CRAFT FAIR
DURING THE STARLIGHT YULE PARADE
D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION FOR SPECIAL EVENTS
FOR 2004, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The Chula Vista Downtown Business Association (DBA) is requesting the closure of Third
Avenue and portions of other streets for three 2004 promotional events, the Lemon Festival
on August 15, the Starlight Yule Parade on December 4, and the Craft Fair on December 4.
The Lemon Festival is an annual event, and activities will include live entertainment along
with approximately 200 arts, crafts and food booths. The Annual Starlight Yule Parade will
be held for the 42nd year. (Director of Communications)
Staff recommendation: Council adopt the resolutions.
12.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT ANNUAL COST OF LIVING ASSESSMENT ADJUSTMENT
The Downtown Property and Business Improvement District (PBID) may authorize
annual cost of living increases of up to five percent, pursuant to Section VI (C) of the
adopted Management Plan. For the 2004/2005 tax year, the PBID Board of Directors has
recommended an assessment increase of3.0 percent, which is consistent with the regional
consumer price index increase. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
Page 5 - Council Agenda
August 3, 2004
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for fUture discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
13.
CONSIDERATION OF APPROVAL OF AMENDING CHAPTERS III (ANIMAL
CONTROL), VI (POLICE), VII (RECREATION), AND XV (FIRE), OF THE CITY'S
MASTER FEE SCHEDULE, AND CREATING A NEW CHAPTER FOR NATURE
CENTER FEES
Several departments are recommending changes to the Master Fee Schedule to update flat
fees. These departments include Fire, Nature Center, Police, and Recreation. The
proposed changes include amendments to existing fees and the implementation of new
fees. (Fire Chief, Nature Center Director, Chief of Police, Director of Recreation, and
Assistant Director of Budget and Analysis)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGES TO THE MASTER FEE SCHEDULE
14.
CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES
DISTRICT NO. II-M (ROLLING HILLS RANCH)
On June 1,2004, the Council initiated the Community Facilities District No. II-M (CFD
ll-M) formation proceedings. Adoption of the resolutions and ordinance concludes the
formal proceedings to establish CFD No. ll-M. Special taxes levied within CFD ll-M
will fund the perpetual operation, monitoring and maintenance of Multiple Species
Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant
Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub
Area III. The City has retained the services of MuniFinancial as special tax consultant
and Best Best and Krieger LLP as legal counsel to provide assistance during the
proceedings. (Director of General Services, City Engineer)
Page 6 - Council Agenda
August 3, 2004
Staff recommendation: Council conduct the public hearing, adopt the following
resolutions, and place the following ordinance on first reading:
A.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT
NO. ll-M (ROLLING HILLS RANCH) AND AUTHORIZING SUBMITTAL
OF LEVY OF SPECIAL TAXES WITHIN THE CFD TO THE QUALIFIED
ELECTORS THEREOF
B.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY
FACILITIES DISTRICT NO. II-M (ROLLING HILLS RANCH)
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY
FACILITIES DISTRICT NO. ll-M (ROLLING HILLS RANCH) (FIRST
READING)
C.
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
15.
CONSIDERATION OF APPROVAL OF THE ADDITION OF ONE UNCLASSIFIED,
AT-WILL POSITION TO THE CITY CLERK'S OFFICE
Adoption of the resolution and ordinance approves the reorganization of the City Clerk's
Department to successfully carry out the department's current and long-term work
programs and goals, authorizes the addition of a new unclassified, at-will position of
Assistant to the City Clerk, and appropriates funds therefor. Chula Vista Charter Section
500 requires that all unclassified positions not mentioned specifically in the section be
added by ordinance. (City Clerk)
Staff recommendation: Council adopt the following resolution and place the following
ordinance on first reading.
A.
B.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED, AT-WILL
POSITION TO THE CITY CLERK'S DEPARTMENT AND APPROPRIATING
FUNDS THEREFOR (4/5THS VOTE REQUIRED)
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS
(FIRST READING)
Page 7 - Council Agenda
August 3, 2004
16.
B.
CONSIDERATION OF APPROVAL OF THE FINAL MAP AND ASSOCIATED
DOCUMENTS FOR ROLLING HILLS RANCH, SUB-AREA III, NEIGHBORHOOD
9A, CHULA VISTA TRACT NO. 92-02A, AND AN AMENDMENT TO THE
ROLLING HILLS RANCH DESILTATION AND NPDES COMPLIANCE
AGREEMENT
Adoption of the resolutions approves the final map for Neighborhood 9A of Rolling Hills
Ranch - Sub-area III, its associated subdivision and supplemental subdivision
improvement agreements, and a grant of easements & maintenance agreement for
privately maintained public property. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the following resolutions:
A.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF ROLLING HILLS RANCH, SUB-AREA
III, NEIGHBORHOOD 9A, CHULA VISTA TRACT NO. 92-02A;
APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS
REQUIRED BY SAID SUBDIVISION; APPROVING THE ASSOCIATED
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT,
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF RESOLUTION NO. 16834 AND RESOLUTION NO. 2003-
199; APPROVING THE AMENDMENT TO THE ROLLING HILLS RANCH
(FORMERLY KNOWN AS SALT CREEK RANCH) CVT 92-02A
DESILTATION AND NPDES COMPLIANCE AGREEMENT; AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE
AGREEMENT FOR ROLLING HILLS RANCH, SUB-AREA III,
NEIGHBORHOOD 9A, CHULA VISTA TRACT NO. 92-02A,
ESTABLISHING OBLIGATIONS AND RESPONSffiILITIES FOR THE
MAINTENANCE OF CERTAIN PUBLIC IMPROVEMENTS BY THE
DEVELOPER
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
17.
CITY MANAGER'S REPORTS
18.
MAYOR'S REPORTS
A.
B.
Presentation of a Civic Award to Joyce Sculark, former Administrative Secretary
to the Human Relations Commission.
Consideration of designation of a voting delegate for the 2004 League of
California Cities Annual Conference, to be held Friday, September 17 through
Sunday, September 19, 2004 in Long Beach.
Page 8 - Council Agenda
August 3, 2004
F.
G.
19.
C.
D.
E.
Ratification of appointment to the Veterans Advisory Commission: Sherry
Strothers.
Ratification of appointment to the Safety Commission: Maj ed Al-Ghafi'y
Ratification of appointments to the Youth Advisory Commission:
. Gabrielle Longo (Eastlake High School)
. Seok-Ik Go (Danny Go - Eastlake High School)
. Eloy Ledesma (Otay Ranch High School)
. Bianca Brodbeck (Bonita Vista High School)
Ratification of appointments to the Child Care Commission:
. Camille Cowlishaw
. Stacey Stevenson
. Henry Cross
Ratification of reappointments to the following boards, committees and
commissions:
.
Commission on Aging: Steve Palma
Board of Appeals & Advisors: Edward Nagorski
Charter Review Commission: Mark Croshier
Civil Service Commission: Simòn Silva, Arthur Triplette Jr.
Cultural Arts Commission: Christopher Redo, Diannah Smith
Design Review Committee: Jose Alberdi Jr.
Board of Ethics: Rudy Ramirez
Growth Management Oversight Commission: Michael Spethman, David
Krogh
Housing Advisory Commission: Steven Zasueta
Human Relations Commission: Samuel Avalos, Edna Concepcion
Nature Center Board of Trustees: Susan Fuller, Dr. Floyd Wergeland
Parks & Recreation Commission: Yolanda Ramos
Planning Commission: Bryan Felber
Resource Conservation Commission: Stanley Jasek
Town Centre Project Area Committee: Clarke Dennison, Sharon Floyd
Veterans Advisory Commission: A.Y. Casillas
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COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957.7).
Page 9 - Council Agenda
August 3, 2004
20.
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
.
ARB v Eastlake (SDSC #GISI5582)
21.
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE 54957.6
.
Agency designated representatives: Sharon Marshall, Marcia Raskin, David D.
Rowlands, Jr.
.
Employee organization: Police Officers Association
ADJOURNMENT to the Regular Meeting of August 10, 2004, at 6:00 p.m. in the Council
Chambers.
Page 10 - Council Agenda
August 3, 2004
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 13, 2004
6;00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 10
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Davis, McCann, Rindone, Salas, and Mayor
Padilla
ABSENT:
ALSO PRESENT:
Councilmembers:
None
City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
.
INTRODUCTION BY DEPUTY FIRE CHIEF JEFF PETER OF THE RECENTLY
HIRED FIRE COMMUNICATIONS CENTER STAFF; NATIONAL ANTHEM TO BE
SUNG BY JAMMI JOHNSON, FIRE DISPATCHER
Deputy Fire Chief Peter gave a brief update on the new fire communications center and
introduced its newly hired staff. Fire Dispatcher Jammi Johnson then performed the national
anthem.
.
OATH OF OFFICE: PERNY COSCA-REESE, HUMAN RELATIONS COMMISSION
City Clerk Bigelow administered the oath to Perny-Cosca-Reese, and Deputy Mayor Salas
presented her with a certificate of appointment.
.
INTRODUCTION BY LOUIE VIGNAPIANO, DIRECTOR OF MANAGEMENT AND
INFORMATION SYSTEMS, OF THE EMPLOYEE OF THE MONTH, MARILYN
JARDINE, DATA ENTRY CLERK
Management and Information Systems Director Vignapiano introduced employee of the month
Marilyn Jardine. Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to
Ms. Jardine.
.
PRESENTATION BY MAYOR PADILLA OF (I) A PROCLAMATION TO BUCK
MARTIN, DIRECTOR OF RECREATION, DECLARING JULY AS PARKS AND
RECREATION MONTH; AND (2) CERTIFICATES OF APPRECIATION TO
VARIOUS ORGANIZATIONS FOR THEIR COMMITMENT AND SERVICE TO
THE YOUTH OF CHULA VISTA
Mayor Padilla recognized representatives of the Youth Sports Council present at the meeting and
then read the proclamation, which Deputy Mayor Salas presented to Recreation Director Martin.
SPECIAL ORDERS OF THE DAY (Continued)
.
PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK
MARTIN, DIRECTOR OF RECREATION, DECLARING JULY II THROUGH JULY
17, 2004 AS THERAPEUTICS WEEK
Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Recreation
Director Martin. Carmel Wilson, Therapeutics Supervisor, introduced two of the program's
students, Joe Chavez and Raymond Zapata, who talked about the many ways they have benefited
:fÌ'om the program. They also they thanked Ms. Wilson for her leadership.
.
PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK
MARTIN, DIRECTOR OF RECREATION, DECLARING JULY 12 THROUGH JULY
16,2004 AS NATIONAL AQUATICS WEEK
Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Recreation
Director Martin. Mr. Martin then introduced and recognized members of the City's aquatics
team.
.
PRESENTATION BY DAN MCALLISTER, SAN DIEGO COUNTY TREASURER!
TAX COLLECTOR, REGARDING PROPERTY TAX BILL UPDATES
Dan McAllister asked for suggestions on how to make the current tax bill more user-friendly.
The modified form is anticipated to be released in September 2004.
CONSENT CALENDAR
(Items I through 8)
Mayor Padilla announced that he would abstain :fÌ'om voting on Item 4 due to the proximity of
his residence to the project.
With reference to Item No.3, Councilmember Rindone requested that future salary tables also
include annual salary figures.
1.
APPROVAL OF MINUTES of May 19, June I and June 2,2004.
Staff recommendation: Council approve the minutes.
2.
RESOLUTION NO. 2004-216, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REQUESTING THE BOARD OF SUPERVISORS TO
PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE
CONDUCT OF THE SPECIAL MUNICIPAL ELECTION FOR THE CITY OF CHULA
VISTA TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION
TO BE HELD ON NOVEMBER 2, 2004
The purpose of the November 2,2004 Special Municipal Election is to conduct a run-off
to select one member of the City Council to fill Seat 4 for a full term, consisting of four
years and commencing December 2004. The proposed resolution is required to request
election services :fÌ'om the Registrar of Voters. (City Clerk)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes
July 13, 2004
CONSENT CALENDAR (Continued)
3.
RESOLUTION NO. 2004-217, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE RESULTS OF THE PHASE IV AND
PHASE V CLASSIFICATION STUDY, APPROVING THE CORRESPONDING
COMPENSATION SCHEDULE, AND APPROPRIATING THE NECESSARY FUNDS
THEREFOR
Adoption of the resolution approves the results of the Phase IV and Phase V classification
study and the corresponding compensation schedule and amends the Fiscal Year 2005
budget to fund the changes in the compensation schedule. (Director of Human
Resources)
Staff recommendation: Council adopt the resolution.
4.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
INCREASING THE EXISTING SPEED LIMIT ON EAST H STREET FROM THE 1-
805 NORTHBOUND RAMPS TO TERRA NOVA DRIVE (FIRST READING)
The California Vehicle Code requires that existing speed limits be verified every seven
years and increased or decreased as needed. Recent engineering and traffic surveys for
East H Street were completed that recommend increasing the existing speed limit on this
roadway to 45 mph between the 1-805 northbound ramps and Hidden Vista Drive and to
50 mph between Hidden Vista Drive and Terra Nova Drive. (Director of General
Services, City Engineer)
Staff recommendation: Council place the ordinance on first reading.
5.
RESOLUTION NO. 2004-218, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE RETURN OF PREVIOUSLY
APPROPRIATED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF)
FUNDS FROM CAPITAL IMPROVEMENT PROJECTS TF313, STL261, AND
STM331 TO THE AVAILABLE BALANCE OF THE TDIF FUND
During the preparation of the Fiscal Year 2004/2005 budget, staff reevaluated the
programming of available funds in order to best meet the current needs of the capital
improvement program. This exercise led to the identification of three projects in which
allocated Transportation Development Impact Fee (TDIF) funds will not be expended in
either Fiscal Years 2003/2004 or 2004/2005. Adoption of the resolution approves the
return of funds to the TDIF fund. (Director of General Services)
Staff recommendation: Council adopt the resolution.
6.
RESOLUTION NO. 2004-219, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
ERICKSON-HALL CONSTRUCTION CO., FOR THE PROVISION OF SERVICES
REQUIRED TO DESIGN AND CONSTRUCT MOUNTAIN HAWK PARK,
LOCATED IN THE EASTLAKE VISTAS NEIGHBORHOOD OF THE CITY OF
CHULA VISTA, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
Page 3 - Council Minutes
July 13, 2004
CONSENT CALENDAR (Continued)
The Council previously approved the master plan for Mountain Hawk Park, which
conceptually designed and provided for the construction of a completed and fully
functional l2-acre park. Adoption of the resolution awards a design build agreement to
Erickson-Hall Construction Co. for the provision of services required to design and
construct Mountain Hawk Park and appropriates funds to a capital improvement project
that will enable the design phase of the project to commence. (Director of General
Services)
Staffrecommendation: Council adopt the resolution.
7.
RESOLUTION NO. 2004-220, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A SECOND LETTER OF INTENT
BETWEEN THE CITIES OF SAN DIEGO AND CHULA VISTA REGARDING THE
OTAY VALLEY REGIONAL PARK AND THE WEST FAIRFIELD
REORGANIZATION PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID LETTER OF INTENT
In August 2002, the cities of San Diego and Chula Vista executed a letter of intent
establishing principles that would form the basis ofreorganization of boundaries between
the two cities in and adjacent to the Otay River Valley and the West Fairfield property.
The letter expired on December 31, 2003. Adoption of the resolution approves a second
letter with an expiration date of July 31,2006, allowing negotiations between the two
cities to continue. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
8.
RESOLUTION NO. 2004-221, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AMENDMENT NO. I TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO UNIFIED
PORT DISTRICT AND THE CITY OF CHULA VISTA THAT ESTABLISHES PORT
CAPITAL DEVELOPMENT PROGRAM PROJECT PRIORITIES
In 1996, the Port District entered into a Memorandum of Understanding (MOU) with the
City committing funds for tidelands projects within Chula Vista. The balance remaining
:fÌ'om the original MOU allocation is approximately $13 million. The Board of Port
Commissioners recently adopted an ordinance authorizing amendment no. I to the MOU
that reallocated project priorities. As a result, the Port District will consider its non-
funded tidelands obligations in the context of its capital development program in future
years. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
ACTION:
Councilmember Rindone moved to approve staffs recommendations and offered
the Consent Calendar, headings read, texts waived. The motion carried 5-0,
except for Item 3, which carried 4-0-1, with Mayor Padilla abstaining due to the
proximity of his residence to the project.
Page 4 - Council Minutes
July 13, 2004
ORAL COMMUNICATIONS
Lois Cornish and Herb James, representing the Chula Vista division of the American Legion,
invited the Council to attend the Legions' first Law and Order Awards dinner on August 14,
2004, at 5:00 p.m., at the American Legion Chula Vista Post 434, 47 Fifth Avenue. The event
honors members of the Chula Vista Police and Fire Departments and citizens who have aided
them.
Robert Fidryah expressed concerns regarding overgrown weeds and stagnant water that exists in
the flood control channel located behind his property, between Elm Street and Second Avenue.
He stated that he has to contact the City each year to remind them to abate the weeds in the
channel, and the stagnant water has attracted mosquitoes. He also commented on the poor
condition of his street. Mr. Fidryah submitted written correspondence detailing his concerns and
requested that staff address the issues. The correspondence was given to the Mayor's staff for
follow-up.
At 6:55 p.m., Mayor Padilla recessed the Council Meeting and adjourned the Special Meeting of
the Public Financing Authority, meeting jointly with the Redevelopment Agency and City
Council. Mayor Padilla reconvened the Council Meeting at 7:00 p.m., with all members present.
PUBLIC HEARINGS
9.
CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE AND A NEW
ORDINANCE AMENDING CITY ORDINANCE 2617, AND A RESOLUTION
RELATING TO UPDATES IN THE SALT CREEK SEWER BASIN DEVELOPMENT
IMPACT FEE TO PAY FOR SEWER FACILITIES WITHIN THE SALT CREEK
SEWER BASIN (Continued :fÌ'om June 8, 2004)
The Salt Creek sewer basin development impact fee (DIF) was established in December
1994 to facilitate construction of the Salt Creek trunk sewer. This was the only facility
identified at that time as being necessary to serve properties within the Salt Creek gravity
basin benefit area. A development impact fee was set at $284 per equivalent dwelling
unit in order to fund the project. Since that time, costs associated with the project have
continued to increase, and the project has broadened in scope as additional needed sewer
facilities have been identified to serve the benefit area. In order to ensure that sufficient
funding will be available to complete the project, staff recommends increasing the Salt
Creek sewer basin DIF :fÌ'om $284 to $1,300 per equivalent dwelling unit. (Director of
General Services, City Engineer)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. There were no members of the public who wished to
speak to the item.
ACTION:
Deputy Mayor Salas moved to continue the hearing to August 10, 2004.
Councilmember Davis seconded the motion, and it carried 5-0.
Page 5 - Council Minutes
July 13, 2004
PUBLIC HEARINGS (Continued)
10.
CONSIDERATION OF APPROVAL OF ADJUSTMENT OF PARKLAND
ACQUISITION AND DEVELOPMENT FEES
In November 2002, the Council increased the parkland acquisition and development
(PAD) fees. Since that time, land values and park construction costs have continued to
rise, generating the need to adjust the fees. The proposed increases will ensure that
sufficient PAD funds are available for the City to meet park facilities thresholds. A
proposed change to the Municipal Code will ensure that the fee is updated annually.
(Director of General Services)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. There being no members of the public who wished to
speak, Mayor Padilla closed the public hearing.
ACTION:
Deputy Mayor Salas offered Resolution No. 2004-222 for adoption and the
Ordinance for first reading, headings read, texts waived:
B.
RESOLUTION NO. 2004-222, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE
TO ADJUST THE PARKLAND ACQUISITION AND DEVELOPMENT (PAD)
FEES FOR NEIGHBORHOOD AND COMMUNITY PARK REQUIREMENTS
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHAPTER 17.10 OF THE MUNICIPAL CODE RELATING TO
THE REVIEW AND ADJUSTMENT OF PARKLAND ACQUISITION AND
DEVELOPMENT (PAD) FEES TO PAY FOR PARKLAND ACQUISITION
AND DEVELOPMENT (FIRST READING)
A.
The motion carried 5-0.
ACTION ITEMS
11.
CONSIDERATION OF APPROVAL OF MODIFICATIONS TO THE SOLID WASTE
DISPOSAL AND RECYCLING FRANCHISE AGREEMENT
Adoption of the proposed resolutions approves modifications to the general rate sheet of
the solid waste disposal and recycling agreement and approves a 2.5% increase in the
:fÌ'anchise fee for small quantity generators. (Director of Conservation and Environmental
Services)
Director of Conservation and Energy Services Meacham asked that Item I I (B) be continued to a
future date. Mr. Meacham also submitted to Council a matrix of recycling rates for commercial
businesses and large generators.
Page 6 - Council Minutes
July 13, 2004
ACTION ITEMS (Continued)
ACTION:
ACTION:
B.
Councilmember Davis offered Resolution No. 2004-223, heading read, text
waived:
A.
RESOLUTION NO. 2004-223, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA APPROVING MODIFICATIONS TO THE
GENERAL RATE SHEET OF THE AMENDED AND RESTATED SOLID
WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT
The motion carried 5-0.
Mayor Padilla moved to continue Item No. I I (B) to a future date:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A 2.5% INCREASE IN THE FRANCHISE FEE AS APPLIED TO
THE SMALL QUANTITY GENERATOR RATE CATEGORY OF THE SOLID
WASTE AND RECYCLING FRANCHISE AGREEMENT
Councilmember McCann seconded the motion, and it carried 5-0.
Councilmember Rindone commented that the City continues to have the lowest rates in the
County for waste disposal.
Deputy Mayor Salas commented that in addition to maintaining low waste disposal rates, the
City continues to provide a high standard of service to the community. She also thanked staff for
their work in meeting the City's recycling guidelines.
12.
PRESENTATION OF A STATUS REPORT ON THE GENERAL PLAN UPDATE
Staff has provided periodic status updates to the Council on the progress of the General
Plan update, the last of which was in April 2004. The status report covers recent
activities, along with those anticipated over the next several months, through completion.
(Director of Planning and Building)
Planning and Building Director Sandoval and General Plan Manager Batchelder presented the
status report, which included the circulation plan; General Plan elements; a comparison of the
General Plan update vision and themes and the Council's strategic themes; land use provisions;
facility and service provisions; environmental provisions; the Vision 2020 "toolbox;" completed
phases; and current and final phases.
Councilmember McCann encouraged more stringent standards regarding the City's gateways,
which he believed would elevate the image of the community. He also expressed the need for
continued focus on the jobslhousing balance and encouraging the attraction of jobs and
businesses to the City.
ACTION:
Mayor Padilla moved to accept the report. Councilmember McCann seconded the
motion, and it carried 5-0.
Page 7 - Council Minutes
July 13, 2004
OTHER BUSINESS
13.
CITY MANAGER'S REPORTS
City Manager Rowlands announced that City Hall offices would be closed to the public on July
23rd and July 26th in order to move to the old Police Department building, and he suggested the
July 27th Council Meeting be cancelled because of the move. It was the consensus of the
Council to cancel the meeting of July 27th.
14.
MAYOR'S REPORTS
.
Consideration of ratification of appointment of Councilmember McCann to the
Watershed Policy Planning Committee.
ACTION:
Mayor Padilla moved to ratify Councilmember McCann's appointment to the
Watershed Policy Planning Committee. Councilmember Davis seconded the
motion, and it carried 5-0.
15.
COUNCIL COMMENTS
Councilmember McCann stated that he recently attended the Music in the Park concert series,
and he encouraged the public to attend the performances that are conducted each Thursday
during the month of July.
CLOSED SESSION
16.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Under Negotiation:
San Diego Gas & Electric - Gas and Electricity Franchise
(pertaining to public rights-of-way throughout the City of Chula
Vista)
David Rowlands, Jr., Sid Morris, David Huard
City of Chula Vista and San Diego Gas & Electric (various
representatives)
Price and terms of :fÌ'anchise conveyance
Property:
Agency negotiators:
Negotiating Parties:
No reportable action was taken on this item.
17.
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. Application of SDG&E for Authority to Update its Gas and Electric Revenue
Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03-
016)
No reportable action was taken on this item.
Page 8 - Council Minutes
July 13, 2004
ADJOURNMENT
At 10:00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of July 20,2004, at
6:00 p.m. in the Council Chambers.
~ ~ ~ J..o--.J
Susan Bigelow, MMC, City Clerk
Page 9 - Council Minutes
July 13, 2004
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 20, 2004
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:10
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Davis, McCann, Salas, and Mayor Padilla
ABSENT:
Councilmembers:
Rindone (excused)
ALSO PRESENT:
City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
CONSENT CALENDAR
(Items I through 13)
Mayor Padilla stated that he would abstain :fÌ'om voting on Item 4 due to the proximity of his
residence to the project.
1.
APPROVAL OF MINUTES of the Regular Meetings of June 8 and June 15, the Special
Meeting of June 8, and the Adjoumed Regular Meeting of June 23, 2004.
Staff recommendation: Council approve the minutes.
2.
WRITTEN COMMUNICATIONS
.
Memorandum :fÌ'om Councilmember Rindone requesting an excused absence ITom
this meeting.
Staff recommendation: Council excuse the absence.
3.
ORDINANCE NO. 2969, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA
VISTA TO PROVIDE SECTION 20434, ANY OFFICERS OR EMPLOYEES OF A
FIRE DEPARTMENT EMPLOYED TO PERFORM DUTIES OF FIREFIGHTING,
FIRE PREVENTION, FIRE TRAINING, HAZARDOUS MATERIALS, EMERGENCY
MEDICAL SERVICES, OR FIRE OR ARSON INVESTIGATION SERVICES
RECLASSIFIED AS "LOCAL FIRE FIGHTERS" (SECOND READING)
I
CONSENT CALENDAR (Continued)
4.
The City is amending both the miscellaneous and safety contracts between the Board of
Administration of the California Public Employees' Retirement Board and the City of
Chula Vista to expand the definition of "Local Fire Fighters" to include the employees of
the Fire Prevention Bureau, who are involved in prevention and fire and arson
investigation services. This ordinance was introduced on June 15, 2004. (Director of
Human Resources)
Staff recommendation: Council adopt the ordinance.
ORDINANCE NO. 2970, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA INCREASING THE EXISTING SPEED LIMIT ON EAST H STREET
FROM THE 1-805 NORTHBOUND RAMPS TO TERRA NOVA DRIVE (SECOND
READING)
The California Vehic1e Code requires that existing speed limits be verified every seven
years and increased or decreased as needed. Recent engineering and traffic surveys for
East H Street recommend increasing the existing speed limit on this roadway to 45 mph
between the 1-805 northbound ramps and Hidden Vista Drive and to 50 mph between
Hidden Vista Drive and Terra Nova Drive. This ordinance was introduced on July 13,
2004. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the ordinance.
5.
ORDINANCE NO. 2971, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 17.10 OF THE MUNICIPAL CODE
RELATING TO THE REVIEW AND ADJUSTMENT OF PARKLAND
ACQUISITION AND DEVELOPMENT (PAD) FEES TO PAY FOR PARKLAND
ACQUISITION AND DEVELOPMENT (SECOND READING)
Adoption of the ordinance amends the Municipal Code to ensure that the parkland
acquisition and development fee is updated annually. This ordinance was introduced on
July 13, 2004. (Director of General Services)
Staff recommendation: Council adopt the ordinance.
6.
RESOLUTION NO. 2004-224, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE LOCAL STREETS PAVEMENT REHABILITATION PROGRAM (pROJECT
STL-293)
The work includes removal and repaving of selected street areas, cold milling, pavement
overlay, replacement of traffic signal loop detectors, traffic control, striping and marking.
Adoption of the resolution accepts bids for this project and awards the contract to SRM
Contracting & Paving for $2,079,254. (Director of General Services)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Minutes
July 20, 2004
CONSENT CALENDAR (Continued)
7.
RESOLUTION NO. 2004-225, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT WITH DOUGLAS E. BARNHART, INC., TO INCORPORATE THE
GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND
CONSTRUCTION OF VETERANS PARK (CIP PR238), LOCATED ALONG EAST
PALOMAR BETWEEN DAVIES DRIVE AND MEDICAL CENTER COURT IN
EASTERN CHULA VISTA, APPROPRIATING FUNDS NECESSARY TO
COMPLETE THE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AMENDMENT
The Council previously approved capital improvement project PR-238 and the master
plan for Veterans Park, which conceptually designed and provided for the construction of
a completed and fully functional park and recreation center. On May 27, 2003, the
Council approved a design build agreement with Douglas E. Barnhart, Inc. for this
facility. The agreement contained a not-to-exceed price of $7,686,000, with the
guaranteed maximum price (GMP) to be set upon receipt of 90% construction drawings.
The project is nearing the end of the design phase and ready to start the construction
phase. Adoption of the resolution sets the GMP at $8,126,180. (Director of General
Services)
Staff recommendation: Council adopt the resolution.
8.
RESOLUTION NO. 2004-226, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DESIGNATING AND SETTING ASIDE CERTAIN CITY-
OWNED REAL PROPERTY CURRENTLY KNOWN AS DAVIES DRIVE FOR
PARK AND RECREATIONAL PURPOSES AS NECESSARY FOR THE
COMPLETION OF VETERANS PARK
Adoption of the resolution designates and sets aside a portion of certain City-owned lands
currently known as Davies Drive for park and recreational purposes. (Director of
General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
9.
RESOLUTION NO. 2004-227, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH
RUDOLPH AND SLETTEN, INC., FOR THE DESIGN AND CONSTRUCTION OF
FIRE STATION NO.8, LOCATED AT THE SOUTHWEST CORNER OF
HAWTHORNE CREEK DRIVE AND WOODS DRIVE IN THE EASTLAKE WOODS
COMMUNITY OF CHULA VISTA, APPROPRIATING FUNDS THEREFOR, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
Adoption of the resolution awards an agreement to Rudolph and Sletten, Inc., for the
provision of services required to design and construct Fire Station No.8; and appropriates
funds to a capital improvement project that will enable the design phase of the project to
commence. (Director of General Services)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes
July 20, 2004
CONSENT CALENDAR (Continued)
10.
11.
RESOLUTION NO. 2004-228, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $52,449 FROM THE OFFICE OF TRAFFIC
SAFETY, AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET FOR THE
CALIFORNIA SEAT BELT COMPLIANCE CAMPAIGN, AND APPROPRIATING
FUNDS THEREFOR
The Chula Vista Police Department has received additional funding :fÌ'om the Office of
Traffic Safety for the California Seat Belt Compliance Campaign. Funds provided by
this grant will be utilized to increase the level of seat belt enforcement hours on an
overtime basis for fIrst line supervisors, officers, and administrative time to meet grant
reporting requirements. (Police Chief)
Staff recommendation: Council adopt the resolution.
RESOLUTION NO. 2004-229, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLINING PARTICIPATION IN THE 2004/2005
JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT PROGRAM AND
SUPPORTING THE TRANSFER OF $28,622 FROM THE PROGRAM TO THE
COUNTY OF SAN DIEGO TO ENHANCE THE REGIONAL JUVENILE
INFORMATION SYSTEM
The Federal Office of Juvenile Justice and Delinquency Prevention is continuing with the
Juvenile Accountability Incentive Block Grant monies available through the California
Office of Criminal Justice Planning. A total of $779,542 is available to the San Diego
region, and it is proposed that all of the agencies in the County pool resources, which
would enhance accountability and put juvenile offenders back on track. (Police Chief)
Staff recommendation: Council adopt the resolution.
12.
RESOLUTION NO. 2004-230, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $6,766 FROM THE BUREAU OF JUSTICE
ASSISTANCE, AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET FOR
BULLETPROOF VESTS, AND APPROPRIATING FUNDS THEREFOR
The Chula Vista Police Department has received funding :fÌ'om the Bureau of Justice
Assistance to pay for the costs of bulletproof vests. The Bulletproof Vest Partnership
grant has awarded the Police Department with $6,765.98 to pay for fifty percent of the
cost of bulletproof vests. The grant will partially fund 25 vests; matching funds will
come :fÌ'om the Police Department budget. (Police Chief)
Staff recommendation: Council adopt the resolution.
13 A. RESOLUTION NO. 2004-231, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE RECLASSIFICATION OF ONE
CBAG MANAGEMENT ASSISTANT TO THE POSITION OF CBAG EXECUTIVE
ASSISTANT AND APPROPRIATING FUNDS THEREFOR
Page 4 - Council Minutes
July 20,2004
CONSENT CALENDAR (Continued)
B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS
The California Border Alliance Group (CBAG) has requested the reclassification of one
of the CBAG Management Assistant to CBAG Executive Assistant. Chula Vista City
Charter section 500 requires that all unclassified positions not mentioned specifically in
Charter section 500 be added by Ordinance. Adoption of the ordinance amends
Municipal Code section 2.05.010 to add the unclassified position of CBAG Executive
Assistant. (police Chief)
Staff recommendation: Council adopt the resolution and place the ordinance on fIrst
reading.
ACTION:
Mayor Padilla moved to approve staff's recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 4-0 with
Councilmember Rindone absent, except on Item 4, which carried 3-0-1 with
Mayor Padilla abstaining due to the proximity of his residence to the project.
ORAL COMMUNICATIONS
Peter Watry, representing Crossroads II, stated that the number of residential units planned for
the bayfi'ont has not been publicly discussed since the joint City/Port meeting on May 25, 2004.
He asked the Council to ensure that the Port keeps the City apprised of plans for the bayfi'ont and
that there continues to be public involvement in the process.
PUBLIC HEARINGS
14.
CONSIDERATION OF APPROVAL OF THE ASSESSMENT OF CERTAIN
DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE
OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
Municipal Code Section 13.14.150 allows delinquent sewer service charges to be
assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection. (Director of Finance)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Finance Director Kachadoorian reported that there were 210 owner-occupied, delinquent
accounts valued at $67,400. Since the property owners were notified of this hearing, 67 accounts
have been cleared, and staff recommends that the remaining 143 delinquent accounts be
forwarded to the County to be placed on the next property tax bill for collection.
There being no members ofthe public wishing to speak, Mayor Padilla closed the hearing.
Page 5 - Council Minutes
July 20,2004
PUBLIC HEARINGS (Continued)
ACTION:
Councilmember McCann offered Resolution No. 2004-232, heading read, text
waived:
RESOLUTION NO. 2004-232, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ASSESSING
DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS
UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND
AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON
THE NEXT REGULAR TAX BILL
The motion carried 4-0.
15.
CONSIDERATION OF APPROVAL OF THE ASSESSMENT OF CERTAIN
DELINQUENT SOLID WASTE SERVICE CHARGES AS LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT
CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION
Municipal Code Section 13.14.150 allows delinquent solid waste service charges to be
assessed as liens upon the affected properties and ultimately placed on the property tax
bills for collection. (Director of Finance)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Finance Director Kachadoorian reported that there were 265 delinquent trash accounts valued at
$31,100. Since the property owners were notified of this hearing, 74 accounts have been cleared,
and staff recommends that the remaining 191 delinquent accounts, valued at $23,000, be
forwarded to the County for placement on the next regular tax bill.
With no members of the public wishing to speak, Mayor Padilla closed the hearing.
ACTION:
Councilmember McCann offered Resolution No. 2004-233, heading read, text
waived:
RESOLUTION NO. 2004-233, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ASSESSING DELINQUENT SOLID WASTE
SERVICE CHARGES AS LIENS UPON THE RESPECTIVE PARCELS OF
LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON
THE NEXT REGULAR TAX BILL
The motion carried 4-0.
Page 6 - Council Minutes
July 20, 2004
PUBLIC HEARINGS (Continued)
16.
CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 2004/2005 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY
OPEN SPACE DISTRICTS I THROUGH 9, 15, 17, 18,20,23,24,26,31 AND 33,
BAY BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS
The City administers and maintains 24 open space districts that have been established
over the last 30 years. The districts provide a fmancing mechanism to maintain the
public open space areas associated with each particular development. The levy of an
annual assessment for fiscal year 2004/05 will enable the City to collect sufficient funds
to provide these ongoing services. (Director of General Services, City Engineer)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
With no members of the public wishing to speak, Mayor Padilla closed the hearing.
ACTION:
Councilmember Davis offered Resolution No. 2004-234, heading read, text
waived:
RESOLUTION NO. 2004-234, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE
DISTRICTS I THROUGH 9,15,17,18,20,23,24,26,31 AND 33, BAY
BOULEVARD AND TOWN CENTRE MAINTENANCE DISTRICTS
The motion carried 3-0-1, with Deputy Mayor Salas abstaining due to the
proxirnity of her residence to the districts.
17.
CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 2004/05 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY
OPEN SPACE DISTRICT 10
This is one of four companion agenda items to the primary open space assessments
agenda item (16), which provides all general background information and details
regarding the proposed open space districts assessments for Fiscal Year 2004/2005. This
item includes information specific to Open Space District 10. (Director of General
Services, City Engineer)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
With no members of the public wishing to speak, Mayor Padilla closed the hearing.
Page 7 - Council Minutes
July 20,2004
PUBLIC HEARINGS (Continued)
ACTION:
Councilmember Davis offered Resolution No. 2004-235, heading read, text
waived:
RESOLUTION NO. 2004-235, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTillLES FOR OPEN SPACE
DISTRICT 10
The motion carried 3-0-1, with Deputy Mayor Salas abstaining due to the
proximity of her residence to the district.
18.
CONSIDERATION OF APPROVAL OF FISCAL YEAR 2004/2005 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY
OPEN SPACE DISTRICT II
This is one of four companion agenda items to the primary Open Space assessments
agenda item (16), which provides all general background information and details
regarding the proposed open space districts assessments for Fiscal Year 200412005. This
item includes information specific to Open Space District II. (Director of General
Services, City Engineer)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Deputy Mayor Salas opened the public hearing.
With no members of the public wishing to speak, Deputy Mayor Salas closed the hearing.
ACTION:
Councilmember Davis offered Resolution No. 2004-236, heading read, text
waived:
RESOLUTION NO. 2004-236, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTillLES FOR OPEN SPACE
DISTRICT II
The motion carried 3-0-I,with Mayor Padilla abstaining due to the proximity of
his residence to the district.
19.
CONSIDERATION OF APPROVAL OF FISCAL YEAR 2004/2005 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY
OPEN SPACE DISTRICT 14
This is one of four companion agenda items to the primary open space assessments
agenda item, which provides all general background information and details regarding the
proposed open space districts assessments for Fiscal Year 2004/2005. This item includes
information specific to Open Space District 14. (Director of General Services, City
Engineer)
Page 8 - Council Minutes
July 20,2004
PUBLIC HEARINGS (Continued)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
With no members of the public wishing to speak, Mayor Padilla closed the hearing.
ACTION:
Deputy Mayor Salas offered Resolution No. 2004-237, heading read, text waived:
RESOLUTION NO. 2004-237, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTffiLES FOR OPEN SPACE
DISTRICT 14
The motion carried 3-0-1, with Councilmember Davis abstaining due to the
proximity of her residence to the district.
20.
CONSIDERATION OF APPROVAL OF FISCAL YEAR 2004/05 LEVY OF
ASSESSMENTS AND COLLECTION AGAINST THOSE ASSESSMENTS FOR
EASTLAKE MAINTENANCE DISTRICT NO. I
This is one of four companion agenda items to the primary open space assessments
agenda item (16), which provides all general background information and detail on the
proposed open space district assessments for Fiscal Year 2004/2005. The present item
includes information specific to Eastlake Maintenance District No 1. (Director of
General Services, City Engineer)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
With no members of the public wishing to speak, Mayor Padilla closed the hearing.
ACTION:
Deputy Mayor Salas offered Resolution No. 2004-238, heading read, text waived:
RESOLUTION NO. 2004-238, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS AND
COLLECTIBLES FOR EASTLAKE MAINTENANCE DISTRICT NO. I
The motion carried 3-0-1, with Councilmember McCann abstaining due to the
proximity of his residence to the district.
Page 9 - Council Minutes
July 20, 2004
PUBLIC HEARINGS (Continued)
21.
CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES
DISTRICT NO. II-M (ROLLING HILLS RANCH)
On June I, 2004, the Council initiated the Community Facilities District No. 11M (CFD
11M) formation proceedings. Adoption of the resolutions and ordinance concludes the
formal proceedings to establish CFD No. 11M. Special taxes levied within CFD 11M
will fund the perpetual operation, monitoring and maintenance of Multiple Species
Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant
Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub
Area ill. The City has retained the services of MuniFinancial as special tax consultant,
and Best Best and Krieger LLP as legal counsel, to provide assistance during the
proceedings. (Director of General Services, City Engineer)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. No members of the public wished to address the
Council.
ACTION:
Mayor Padilla moved to continue the hearing to August 3, 2004. Councilmember
McCann seconded the motion, and it carried 4-0.
OTHER BUSINESS
22.
CITY MANAGER'S REPORTS
There were none.
23.
MAYOR'S REPORTS
A.
ACTION:
B.
ACTION:
Ratification of appointment of Katherine Magallon to the Design Review
Committee.
Mayor Padilla moved to ratify the appointment of Katherine Magallon to the
Design Review Committee. Councilmember Davis seconded the motion, and it
carried 4-0.
Ratification of appointment of Margie Reese to the Housing Advisory
Commission.
Mayor Padilla moved to ratify the appointment of Margie Reese to the Housing
Advisory Commission. Councilmember Davis seconded the motion, and it
carried 4-0.
Page 10 - Council Minutes
July 20,2004
C.
Ratification of appointment of Gene Pellerin to the Veterans Advisory
Commission.
ACTION:
Mayor Padilla moved to ratify the appointment of Gene Pellerin to the Veterans
Advisory Commission. Councilmember Davis seconded the motion, and it
carried 4-0.
24.
COUNCIL COMMENTS
There were none.
CLOSED SESSION
Mayor Padilla announced that Closed Session was cancelled and the following item was not
discussed:
25.
CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
. ARB v Eastlake (SDSC #GISI5582).
ADJOURNMENT
At 6:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of August 3, 2004, at
4:00 p.m. in the Council Chambers. The Regular Meeting of July 27,2004 was cancelled.
~ tLw '3:rt {) ø .
Susan Bigelow, MMC, City Clerk
Page II - Council Minutes
July 20, 2004
ORDINANCE NO. ß t>-~\) t>-\)O?\\O~
t'\ ?t.t>-\)\~
St.CO~\J
ORDINANCE OF THE CITY COUÑCIL OF THE
CITY OF CHULA VISTA AMENDING CHULA
VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF
UNCLASSIFIED POSITIONS
WHEREAS, the Human Resources Department has created new
classifications to better reflect the needs of the City's workforce; and
WHEREAS, the Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the
Council.
NOW, THEREFORE, the City Council of the City of Chula Vista does
ordain as follows:
SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.10
Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section
500 of the Charter of the city, there are established the unclassified positions
entitled deputy city manager, administrative services manager, deputy fire chief
assistant fire chief, assistant chief of police, assistant director of finance,
assistant director of budget and analysis, fiscal operations manager, funds
development strategic planning manager, purchasing agent, treasury manager,
assistant director of human resources, director of employee development, risk
manager, assistant director of public works and operations, assistant director of
building and housing, deputy building official, building services manager, building
and park construction manager, parks and open space manager, assistant
director of recreation, housing coordinator, real property manager, transit
coordinator, assistant director of community development, community relations
manager, western Chula Vista development manager, traffic engineer, deputy
director of engineering, assistant library director, chief learning officer, director of
communications, police captain, director of conservation and environmental
services, deputy director of planning, assistant director of planning, special
planning projects manager, general plan project manager, chief of staff,
constituent services manager, community liaison (assigned to the office of the
mayor and city council), California border alliance group deputy executive
director, California border alliance group budget manager, California border
alliance group meth. strike force coordinator, California border alliance group
network administrator, California border alliance group operations/intelligence
2-1
coordinator, California border alliance group program manager, California border
alliance group program analyst, California border alliance group management
assistant, California border alliance group network assistant, regional computer
forensic laboratory network engineer, and California border alliance Qroup
executive assistant.
SECTION II: This ordinance shall take effect and be in full force and effect upon
its second reading and adoption.
Submitted by:
Approved as to form by:
Marcia Raskin
Human Resources Director
<~'S' c~ ~ ~~ \. ~
Ann Moore
City Attorney
2-2
COUNCIL AGENDA STATEMENT
Item: j
Meeting Date: 8/3/04
ITEM TITLE:
RESOLUTION ACCEPTING $6,750 FROM
THE CENTER FOR PROBLEM-ORIENTED POLICING,
AMENDING THE FY 2004/2005 POLICE BUDGET AND
APPROPRIATING FUNDS THEREFOR.
SUBMITTED BY, Chief of POII~
REVIEWED BY: City Manager J¡OI" (4/5ths Vote: YeslLNo ->
The Police Department has received funding from the Center for Problem-
Oriented Policing to develop a guidebook as part of the U.S. Department of
Justice's Problem-Oriented Policing Guides for Police series. The series
currently includes 25 guides on topics ranging from residential burglary in single-
family homes to car thefts in parking facilities, and provides recommendations to
police and communities trying to reduce these problems.
RECOMMENDATION: That Council adopts the resolution accepting $6,750 from
the Center for Problem-Oriented Policing, amending the FY 2004/2005 Police
budget and appropriating funds therefor.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
BACKGROUND: The Center for Problem-Oriented Policing is a non-profit
organization funded by the U.S. Department of Justice Office of Community
Oriented Policing Services (COPS) to advance problem-oriented policing. it
does this by offering information about ways in which police can more effectively
address specific crime and disorder problems. The Center is comprised of
affiliated police practitioners, researchers, and universities dedicated to the
advancement of problem-oriented policing.
DISCUSSION: The Police Department has received funding from the Center for
Problem-Oriented Policing to develop a guidebook as part the of the U.S.
Department of Justice's Problem-Oriented Policing (POP) Guides for Police
series. The series currently includes 25 guides on topics ranging from residential
burglary in single-family homes to car thefts in parking facilities, and provides
recommendations to police and communities trying to reduce these problems.
The POP Guides summarize knowledge about how police can reduce the harm
caused by specific crime and disorder problems. They are guides to prevention
3-1
Page 2,ltem: 3
Meeting Date: 8/3/04
and to improving the overall response to incidents, not to investigating offenses
or handling specific incidents.
The Police Department was commissioned to draft a POP Guide entitled
Disorder in Budget Motels. This POP Guide, which draws on national and local
research, provides background information on the problem, suggests ways of
analyzing the problem at the local level, and describes more than 30 responses
to problems in budget motels that have been shown to be effective or have
promise based on criminological theory. Publication of the POP Guide is
anticipated in 2005.
CVPD employee Karin Schmerler will author this POP guide. Ms. Schmerler is a
Public Safety Analyst and was specifically requested by the U.S. Department of
Justice to author this guide because of her knowledge and expertise in
proactively dealing with crime and disorder problems. Ms. Schmerler came
highly recommended to the City from the Department of Justice and routinely
speaks across the country to other law enforcement agencies on various
solutions to common crime and disorder problems.
FISCAL IMPACT: Approval of this resolution will result in the appropriation of
$4,750 to the supplies and services budget and $2,000 to the capital budget of
the Police Department. The revenue from the Center for Problem-Oriented
Policing will offset these costs, resulting in no net impact to the General Fund.
-3-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $6,750 FROM THE CENTER FOR
PROBLEM-ORIENTED POLICING, AMENDING THE FY
2004/2005 POLICE BUDGET AND APPROPRIATING FUNDS
THEREFOR.
WHEREAS, the Center for Problem-Oriented Policing is a non-profit
organization funded by the U.S. Department of Justice Office of Community
Oriented Policing Services to advance problem-oriented policing; and
WHEREAS, the Police Department was awarded $6,750 from the Center
for Problem-Oriented Policing to develop a motel guidebook as part of the U.S.
Department of Justice's Problem-Oriented Policing Guide series; and
WHEREAS, the Police Department was commissioned to draft a Problem-
Oriented Policing Guide entitled Disorder in Budget Motels; and
WHEREAS, acceptance of the funds from the Center for Problem-
Oriented Policing will completely offset the costs of developing the guidebook;
and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accepts $6,750 from the Center for Problem-Oriented
Policing and amends the FY 2004/2005 supplies and services budget of the
Police Dep;:utmf!nt
¡¡;gfL
Ri hard P. Emerson
Police Chief
3\ ffU~
Ann Moore
City Attorney
Approved as to form by:
~
3-3
COUNCIL AGENDA STATEMENT
Item: 4
Meeting Date: 8/3/04
ITEM TITLE:
RESOLUTION ACCEPTING $40,000 FROM NORTH
CAROLINA STATE UNIVERSITY, AMENDING THE FY 2004/2005
POLICE BUDGET FOR THE INSTITUTIONALIZING PROBLEM
ANALYSIS PROJECT AND APPROPRIATING FUNDS
THEREFOR.
SUBMITTED BY: Chief of polic2,t/
REVIEWED BY: City Manager!j:- pI" (4/5ths Vote: YeslLNo -)
The Police Department has received funding from North Carolina State University as
part of the U.S. Department of Justice project "Institutionalizing Problem Analysis". The
purpose of this project is to develop a program to institutionalize problem analysis
throughout police departments nationwide. The Chula Vista Police Department is one
of five select agencies participating in this innovative project.
RECOMMENDATION: That Council adopts the resolution accepting $40,000 from
North Carolina State University, amending the FY 2004/2005 Police budget for the
Institutionalizing Problem Analysis project and appropriating funds therefor.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
BACKGROUND: North Carolina State University is an institutional affiliate of the
Center for Problem-Oriented Policing. The Center for Problem-Oriented Policing is a
non-profit organization funded by the U.S. Department of Justice Office of Community
Oriented Policing Services (COPS) to advance problem-oriented policing. It does this
by offering information about ways in which police can more effectively address specific
crime and disorder problems. The Center is comprised of affiliated police practitioners,
researchers, and universities dedicated to the advancement of problem-oriented
policing.
DISCUSSION: The Police Department has received funding from North Carolina State
University as part of the U.S. Department of Justice project "Institutionalizing Problem
Analysis" (IPA). The purpose of the IPA project is to develop a program to
institutionalize problem analysis throughout police departments nationwide. The Chula
Vista Police Department is one of five select agencies participating in this innovative
project.
The goal of the IPA project is to involve personnel at all levels of the organization in
much more sophisticated problem solving. Traditionally, law enforcement was very
reactive, meaning that officers would merely respond to calls for service as they came
'1- -I
Page 2,ltem: 4-
Meeting Date: 8/3/04
in. With the advent of problem-oriented policing, departments started looking at
underlying reasons for crime and disorder in an effort to reduce the calls for service.
Institutionalizing Problem Analysis seeks to get that problem solving effort to the line
employees by instilling a culture that looks to the root cause of a problem and
developing ways to solve the problem. The Chula Vista Police Department has started
to develop the overall program and is utilizing Beat 11 (Northwest Chula Vista) as the
preliminary test subject. Six officers, two from each shift, will participate in the project.
Under this project, key results include:
. institutionalizing problem analysis and problem solving by several
department and division-wide committees
. conducting in-depth and/or beat-level analyses of calls for service, crime,
arrest and other pertinent data about crime and disorder problems
. tracking and reporting on various problem analysis efforts
. enhancing and increasing the accessibility of both police and non-police
data for problem solving purposes
The IPA project is funded $40,000 for the initial implementation during FY 2004/2005.
During this phase of the project, the Department will develop a strategic plan to achieve
a department-wide program of proactive problem-oriented policing and participate in an
experimental problem analysis and resolution project using Beat 11. Upon the
successful launching of the initial phase, the Department plans to expand to other
beats, with the end-goal of having all the beats practicing proactive problem-oriented
policing. Continuing funding is contingent upon satisfactory program performance and
subject to the availability of funds.
Costs associated with the initial implementation of the project include the partial salary
of a temporary public safety analyst who will provide staff support to the departmental
committees, as well as the team of officers participating in the IPA project. Salary
savings from currently vacant intel analyst positions will be used to offset the remaining
salary costs of the temporary analyst. This temporary position will expire at the end of
the grant period. An additional portion of the funds will be used for training in problem
analysis and problem-oriented policing through attendance at the Problem-Oriented
Policing Conference. The remainder of the funds will be used for overtime of an analyst
who will be drafting the prototype of a field-training guide used by public safety analysts,
and a computer for dedicated use of the IPA project.
FISCAL IMPACT: Approval of this resolution will result in the appropriation of $27,500
to the personnel budget, $11,000 to the supplies and services budget and $1,500 to the
capital budget of the Police Department. The revenue from North Carolina State
University will offset these costs, resulting in no net impact to the General Fund.
J1 ~j
"7 -.:;.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING $40,000 FROM NORTH CAROLINA STATE
UNIVERSITY, AMENDING THE FY 2004/2005 POLICE BUDGET
FOR THE INSTITUTIONALIZING PROBLEM ANALYSIS
PROJECT AND APPROPRIATING FUNDS THEREFOR.
WHEREAS, North Carolina State University is an institutional affiliate of
the Center for Problem-Oriented Policing; and
WHEREAS, the Center for Problem-Oriented Policing is a non-profit
organization funded by the U.S. Department of Justice Office of Community
Oriented Policing Services to advance problem-oriented policing; and
WHEREAS, the Police Department was awarded $40,000 from North
Carolina State University as part of the U.S. Department of Justice project
"Institutionalizing Problem Analysis"; and
WHEREAS, acceptance of the funds from North Carolina State University
will completely offset the personnel and training costs for the Institutionalizing
Problem Analysis project; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby accepts $40,000 from North Carolina State University
and amends the FY 2004/2005 Police budget for the Institutionalizing Problem
AnalysIs project.
¡:We! ~
Police Chief
Approved as to form by:
:1~ ~~
City Attorney
f-3
COUNCIL AGENDA STATEMENT
ITEM~
MEETING DATE 08/03/04
ITEM TITLE:
Resolution Approving an Agreement with the Chula Vista Chamber of
Commerce for $20,000 in financial assistance for Celebrate Chula Vista and
authorizing the Mayor to exec~greement
Assistant City Manager Palm~ D Q
City Manage~~~!'" (4/5ths Vote: Yes- No..xJ
SUBMITTED BY:
REVIEWED BY:
For many years the City has contracted with the Chamber of Commerce to present a late summer
festival, co-sponsored by the City, the Chamber and the Port of San Diego. This year the event will
be held on Saturday, September 11. With this agreement (see ATTACHMENT A) the City will
contract with the Chamber of Commerce to produce Celebrate Chula Vista.
RECOMMENDATION: That the City Council adopt the resolution approving an agreement
with the Chula Vista Chamber of Commerce for $20,000 in financial assistance for Celebrate Chula
Vista and authorizing the Mayor to execute said agreement
BOARD/COMMISSION RECOMMENDATION: Not Applicable
DISCUSSION:
This year, the City staff asked the Chamber of Commerce to take on the full responsibility of
producing Celebrate Chula Vista. As a result, the Chamber directly applied to the Unified Port of
San Diego for event funding. The Port awarded them $15,000 and promised another $20,000 if the
City of Chula Vista would match that amount. After several years, Celebrate Chula Vista appears
to be evolving into an effective promotion of the Chamber and the City.
This year, the Chamber is planning the event to begin at 12 Noon and close at 9:00 pm. The day
time activities will include a Community Stage, Cultural Stage, Kid State, Business Expo, Sporting
Area, Hospitality Area, and Food Court. The evening events will only take place on the
Community Stage and tentatively will include the Miss South County Pageant and an orchestra
performance with fireworks.
As indicated above, the Chamber will produce the event, with the Office of Communications
providing event permitting and staff/departmental coordination, as it does with other co-sponsored
events such as Day of the Child, Lemon Festival, Cinco de Mayo, and the Arturo Barrios 10K.
5-1
5
Page 2, Item-
Meeting Date: 07/27/04
FISCAL IMPACT:
If approved, the Chula Vista Chamber of Commerce will receive $20,000 :fÌ'om General Fund.
These monies were appropriated as part of the FY-05 Budget.
5-2
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AN AGREEMENT WITH THE CHULA VISTA
CHAMBER OF COMMERCE FOR $20,000 IN FINANCIAL
ASSISTANCE FOR CELEBRATE CHULA VISTA AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the Chula Vista Chamber of Commerce ("Chamber") is the primary
organizer of the CELEBRATE CHULA VISTA FESTIVAL, a special event promoting Chula
Vista Harbor, to be conducted in the City of Chula Vista on September II, 2004; and
WHEREAS, the Chamber plans to have a Community Stage, including a Miss South
County Pageant and an orchestra performance with fueworks, Kid State, Business Expo,
Sporting Area, Hospitality Area, and Food Court; and
WHEREAS, both the City and the Chamber will benefit :fÌ'om the media exposure
attendant to the Festival; and
WHEREAS, the City ofChula Vista desires to encourage the beneficial aims of the
Celebrate Chula Vista Festival through appropriation of reasonable amounts of City funds; and
WHEREAS, the Chamber will produce the event, with the Office of Communications
providing event permitting and staf£'departmental coordination, as it does with other co-
sponsored events; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista
does hereby approve an agreement with the Chula Vista Chamber of Commerce providing them
with $20,000 in financial assistance for Celebrate Chula Vista, a copy of which is kept on file in
the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby
authorized to execute said agreement on behalf of the City ofChula Vista.
Presented by
Approved as to form by
David Palmer
Assistant City Manager
D~ 1. ¡-fe.-
Ann Moore
City Attorney
),lattorneylreso\celebcate cv3
5-3
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ib.- ') . /+e..--
Ann Moore
City Attorney
Dated: July 12, 2004
Agreement with the Chula Vista Chamber of Commerce
for $20,000 in Financial Assistance for Celebrate Chula Vista
£i-If
AGREEMENT BETWEEN
CHULA VISTA CHAMBER OF COMMERCE
AND THE CITY OF CHULA VISTA
FOR THE
CELEBRATE CHULA VISTA FESTIVAL
REGARDING
EXPENDITURE OF APPROPRIATED CITY FUNDS
THIS AGREEMENT, effective as of August 3, 2004 by and between the CITY OF
CHULA VISTA, a municipal corporation, hereinafter referred to as "City", and the CHULA
VISTA CHAMBER OF COMMERCE for the CELEBRATE CHULA VISTA FESTIVAL,
hereinafterreferred to as "Chamber";
RECITALS
WHEREAS, the Chamber is the primary organizer of CELEBRATE CHULA VISTA
FESTIVAL, a special event promoting Chula Vista Harbor, to be conducted in the City of
Chula Vista on September II, 2004; and
WHEREAS, both the City and the Chamber will benefit :fÌ'om the media exposure
attendant to the Festival; and
WHEREAS, the City of Chula Vista desires to encourage the beneficial aims of the
Celebrate Chula Vista Festival through appropriation of reasonable amounts of City funds;
and
WHEREAS, the City of Chula Vista has established a policy for consideration of
requests for funding by private organizations and individuals; and
WHEREAS, said policy stipulates that no expenditure may be made out of any
appropriation awarded said organization unless an agreement has been reached between the
parties setting out the terms and conditions for the expenditure of such funds.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties
hereto as follows:
1. The Chamber agrees to produce the Celebrate Chula Vista Festival on Saturday,
September II, 2004, including :fÌ'ee-to-the-public musical entertainment, and related
activities for the one-day event.
2.
The City shall pay the Chamber $20,000.
3.
The Chamber agrees to expend City appropriated funds to meet bona fide obligations
incurred in planning, organizing, and participating in the Celebrate Chula Vista
Festival. Funds shall be used only for Celebrate Chula Vista Festival and may not be
Expenditure of City Funds
Celebrate Chula Vista 2004
Page I on
5~5
transferred to other accounts. Any funds not expended on the Celebrate Chula Vista
Festival shall be returned to the City.
4.
The Chamber agrees to list the City and the Unified Port of San Diego ("Port
District") as co-sponsors of the Celebrate Chula Vista Festival and publicize the City
in all releases and fliers, print advertising, programs and information sheets.
5.
The Chamber agrees to submit, within 60 days following the event, a complete report
of all expenditures and shall specifically list the purposes furthered by the City-
appropriated funds of$20,000.
6.
That the City of Chula Vista, at its discretion, may require the Chamber to provide or
allow the City to undertake a complete financial audit of their records.
7.
In the event that the Port District provides funds to the Chamber to produce the
Celebrate Chula Vista Festival, the Chamber hereby agrees to abide by all of the terms
and conditions set forth by the Port District, which conditions are incorporated herein
by reference as if set forth in full.
8.
The Chamber agrees to indemnify and hold harmless the City against and :fÌ'om any
and all damages in property or injuries to or death of any person, or persons, including
employees or agents of the City, and shall defend, indemnify and hold harmless the
City, and its officers, agents and employees :fÌ'om any and all claims, demands, suits,
actions or proceedings of any kind or nature of or by anyone whomsoever in any way
resulting :fÌ'om or arising out of the negligent or intentional acts, errors or omissions of
Chamber, or any of its officers, agents or employees relating to the event.
9.
The Chamber shall throughout the duration of the Celebrate Chula Vista Event (6:00
am on September 10, 2004 until complete takedown and cleanup of the grounds)
maintain comprehensive general liability insurance covering all operations hereunder
of Chamber, its agents and employees with minimum coverage of three million dollars
($3,000,000) - including liquor/legal liability for at least the day of the event. All
policies shall name the City and the Port District as insureds, the policy shall be
written by a carrier with an A.M. Best's rating of A V or better and shall be admitted to
do business in the State.
Furthermore, any fireworks vendor(s) operating at the Event shall maintain five-
million ($5,000,000) general liability insurance naming the Chamber, the City, the
Port District and the Event organizers as additional insureds.
Evidence of the coverages listed above, in the form of a certificate of insurance and
policy endorsement which names the City as additional insured, shall be submitted to
the Risk Manager, 276 Fourth Avenue, Chula Vista, California 91910, on or before
August 22,2003.
Expenditure of City Funds
Celebrate Chula Vista 2004
Page 2 of3
5-b
AGREEMENT BETWEEN
CHULA VISTA CHAMBER OF COMMERCE
AND THE CITY OF CHULA VISTA
FOR THE
CELEBRATE CHULA VISTA FESTIVAL
REGARDING
EXPENDITURE OF APPROPRIATED CITY FUNDS
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first hereinabove set forth.
Dated:
,2004
THE CITY OF CHULA VISTA
Stephen Padilla
Mayor
Date: -t -;)B.-o'1
Approved as to form by
Ann Moore
City Attorney
Expenditure of City Funds
Celebrate Chula Vista 2004
5-7
Page 3 of3
COUNCIL AGENDA STATEMENT
Item~
Meeting Date~
ITEM TITLE:
Resolutio Approving the Final Map of Chula Vista Tract
No. 01-11, Otay Ranch Village II, Neighborhoods R-8 and R-9;
approving the associated Subdivision Improvement Agreement for the
completion of improvements; and approving a Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 01-11,
Otay Ranch Village II, Neighborhoods R-8 and R-9
Resolution Approving the Grant of Easements and
Maintenance Agreement for Chula Vista Tract 01-11, Otay Ranch
Village II, Neighborhoods R-8 and R-9
SUBMITTED BY: Director of General Services/City Engineer ~
REVIEWED BY: City Manager G{:<:¡-r:J (4/5ths Vote: Yes- No-X-)
On October 23, 2001 Council approved a Tentative Subdivision Map for Otay Ranch Village
11. Approval of the Final "B" Map and its associated Subdivision and Supplemental
Subdivision Improvement Agreements, and a Grant of Easements & Maintenance Agreement
will allow the project to proceed.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS AND COMMISSIONS: Not applicable.
DISCUSSION:
Chula Vista Tract No. 01-11, Otay Ranch Village 11, Neighborhood R-IO is a l7.204-acre
project generally located south of Eastlake Greens within the area commonly known as
Windingwalk. The project consists of 118 residential lots, and 6 lots for private common
facilities (Attachment I). The Tentative Map was approved October 23,2001 (Resolution No.
2001-364).
Final Map: The Final "B" Map has been reviewed by the City Engineer and found to be in
substantial conformance with the approved Tentative Map. The developer, Brookfield Shea
Otay, LLC, has paid all applicable fees including PAD fees.
Council approval ofthe Final Map will constitute:
Acceptance by the City of the public streets.
Acknowledgment of the Irrevocable Offer of Dedication of Fee Interest for open space
and other public purposes within the subdivision granted on the map.
Acceptance by the City of the landscape buffer, sight visibility, and 2-ft. wall
easements.
~ - (
Page 2, ItemL
Meeting Date 8/3/04
Associated Agreements: In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
1. Subdivision Improvement Agreement: Requires the Developer to complete the
improvements required by said Subdivision. Security bonds have been provided,
guaranteeing the completion of all improvements and monumentation required by the
Municipal Code.
2. Supplemental Subdivision Improvement Agreement: Addresses severàl unfulfilled
conditions of the Tentative Map approved by Resolution No. 2001-364. These
conditions will remain in effect until completed by the developer and/or their
successors(s) in interest.
3. Grant of Easements & Maintenance Agreement: Establishes certain specific obligations
and responsibilities for the HOA to maintain landscaping within the public right of way
as required by the Tentative Map conditions of approval.
The above agreements have been reviewed by staff, and approved as to form by the City
Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements.
Attachments:
Attachment 1: Plat of Chula Vista Tract 01-01, Otay Ranch Village 11, Neighborhoods R-8
and R-9.
Attachment 2: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
Exhibit C: Grant of Easements & Maintenance Agreement
File No. OR622F
J: IEngineerlLANDDEVIProjectslOtay Ranch Village I IIr8&9IR-8 and 9 CAS doc
/ "
Ct" ,;J
ATTACHMf:~'!~
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOODS R-B & R-9
. HUNSAKER
& ASSOCIATES
'" "'co. INO
0 800 '600
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SCALE ,"= 800'
PL<NNINC "179 H~"'" ,,-
ENCINEE"NC Sn ""', C. ",~
SURVEYINC PH¡"')SS""OO. "'¡"')'58-"'"
R..\04J5\6:/'/ap\AX R-89 CITY OVŒLA~d.9{ 1619)1ul-07-20O4..15..10 - w.o. 2366-21
;., - '3
I
~
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ATT ACHMENl ~
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or fmancial interests, payments, or campaign contributions for a City ofChula Vista election must be
filed. The following information must be disclosed:
1.
List the names of all persons having a fmandal interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
,\)bo L~é.-
~~ O~--t:m (.;~
2.
If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
Ai/A;-
3.
If any person" identifiedpursuantto (I) above is anon-profit organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
-MAc:
4.
Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
J'o\-tJJ ~fTN
MM ~VAk,-{
CA \Ll.Jt£(>\t. ~) ~
NIJ~R- ~ ^-'j:;.C.
5.
Has any person" associated with this contract had any financial dealings with an official"" of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes- N04
" - ;../
City ofChula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
)viA
6.
Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No)6Yes _If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official" of the City ofChula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes - No X
If Yes, which official" and what was the nature of item provided?
Date:
7/07(~{
-ADAM P&VAJ£Y
Print or type name of Contractor/Applicant
Person is defined as: any individual, firm, co-partnership, j oint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member ofa
board, commission, or committee of the City, employee, or staffmembers.
),lAttomoylfonn,ldi,d"""o ","mo" 3-6-03
,......
J - 'J
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP
OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11,
NEIGHBORHOODS R-8 AND R-9; APPROVING THE ASSOCIATED
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE II, NEIGHBORHOODS R-8 AND R-9.
WHEREAS, the developer Brookfield Otay R8/9 LLC, has submitted a final map for
Otay Ranch Village II Neighborhoods R-8 and R-9; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of the Tentative Map approved by City Council with
Resolution No. 2001-364.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 01-11, Otay Ranch
Village II Neighborhoods R-8 and R-9, particularly described as follows:
Being a subdivision oflots 4 and 5 ofChula Vista Tract No. 01-11 "A" Map No.
2, in the City of Chula Vista, County of San Diego, State of California, according
to map thereof no. 14780, filed in the office of the County Recorder of San Diego
County, on April 30, 2004.
Area: 21.262 Acres
Numbered Lots: 118
No. of Lots: 124
Lettered Lots: 6
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public streets, to-wit Quiet Trail Drive and Picket Fence Drive, and said streets are hereby
declared to be a public. streets and dedicated to the public use all as shown on said map within
said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of the Fee Interest of Lots "A" through
"F" for open space and other public purposes.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chula Vista the two (2) foot wall easement and landscape buffer, all as shown on Otay Ranch
Village 11 Neighborhoods R-8 and R-9 within said subdivision.
{r&
Resolution
Page 2
BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are accepted on behalf of the
public as therefore stated, and that the Irrevocable Offer of Dedication of the fee interest of said
lots be acknowledged, and that those certain easements as granted on Otay Ranch Village 11
Neighborhoods R-8 and R-9 within said subdivision are accepted on behalf ofthe City of Chula
Vista as hereinabove stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement for
the completion of improvements in said subdivision, a copy of which is on file in the Office of
the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the City Clerk 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 the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
J) c-- -z . -H---
Jack Griffin
Director of General Services
Ann Moore
City Attorney
b.7
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
D (N... {. (-/-..-
Ann Moore
City Attorney
Dated: () 1- - 'l,'i - t"1
Subdivision Improvement Agreement for
Chula Vista Tract No. 01-11, Otay Ranch Village 11
Neighborhoods R-8 and R-9
&-~
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this - day of ,2004, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
Brookfield Otay R8/9 LLC, a Delaware limited liability company, 12865 Pointe Del Mar, Suite
200, Del Mar, CA, hereinafter called "Subdivider" with reference to the facts set forth below,
which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
OTAY RANCH VILLAGE 11 NEIGHBORHOOD R-8 and R-9 (CVT 01-11) pursuant to the
provisions of the Subdivision Map Act of the State of California, and in compliance with the
provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally approved by the Council of
the City of Chula Vista, Subdivider must have either installed and completed all of the public
improvements and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego County, or, as an alternative
thereto, Subdivider shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the requirements of
Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, tree of liens at
Subdivider's own expense, all of the public improvements and/or land development work
required in said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
-1-
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install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the
23rd day of October, 2001 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawings Nos. 04-048-01 through 04-048-07, and inclusive, on file in the
office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of
TWO MILLION FOUR HUNDRED EIGHT-NINE HUNDRED FOURTY-EIGHT
($2,489,948).
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, including the improvements described in the above Recitals ("Improvement Work");
and will furnish the necessary materials therefore, all in strict conformity and in accordance with
the plans and specifications, which documénts have heretofore been filed in the Office of the
City Engineer and as described in the above Recitals this reference are incorporated herein and
made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
-2-
~-II)
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security :fÌ'om a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION
TWO HUNDERD FOURTY-FOUR THOUSAND NINE HUNDERD SEVENTY-FOUR
($1,244,974) 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 :fÌ'om a
sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION
TWO HUNDERD FOURTY-FOUR THOUSAND NINE HUNDERD SEVENTY-FOUR
($1,244,974) 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
THOUSAND DOLLARS AND NO CENTS ($19,000.00) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "Coo and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds :fÌ'om the improvement
security.
10. It is also expressly agreed and understood by the parties hereto that in no case will
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the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any materials furnished therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year :fÌ'om 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 :fÌ'om
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property :fÌ'om
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 :fÌ'om 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.
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¿:;
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 6649937 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in his/her sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement Such assignment will be in a form approved
by the City Attorney.
-5-
&-1:3
SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE 11, NEIGHBORHOOD R-8 AND R-9
(CVT 01-11)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
-6-
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SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
OTA Y RANCH VILLAGE II, NEIGHBORHOOD R-8 AND R-9
(CVT 01-11)
BROOKFIELD OTA Y R8/9 LLC, a Delaware Limited Liability Company
By&tA~
N ~ : ' tl1òr2M;¡ 11 4
By ~~
Name: ¿. £). ÇkJ
(Attach Notary Acknowledgment)
-7-
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~-f5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
} ss.
County of San Diego
On June 28, 2004, before me, Colette Kavanagh, Notary Public,
personally appeared John W. Norman and E. Dale Gleed,
personally known to me to be the person
whose names are subscribed to the within
instrument and acknowledged to me that
they executed the same in their authorized
capacity, and that by their signatures on the
instrument the persons, or the entity upon
behalf of which the persons acted, executed
the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
Co~~~~.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on tha document
and could prevant fraudulent removal and reaffachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer
Right Tl1umbphnt
of Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title: Vice President
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Top 0' "'omO h'Æ
Signer is Representing:
b-It?
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount:
$1,244,974
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount:
$1,244,974
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount:
$19,000
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years :fÌ'om date of City Council approval of the
Subdivision Improvement Agreement.
J:\EngineerILANDDEVIProjectsIOtay Ranch Village II Ir8&9\R8-9 SIA.doc
-8-
b-/7
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Dc:- ì I t..f---
Ann Moore
City Attorney
Dated: 1- z..'1- o'f
Supplemental Subdivision Improvement Agreement for
Chula Vista Tract No. 01-11, Otay Ranch Village 11
Neighborhoods R-8 and R-9
(¡ ~-,!
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
OR-622F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
OTAY RANCH VILLAGE ELEVEN, NEIGHBORHOOD R-8 and R-9
CHULA VISTA TRACT NO. 01-11
(Conditions 1-6, 8, 9, 12, 13, 22, 40, 60, 145, 172-175, 203-205
of Resolution 2001-364)
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this day of , 2004, by
and between THE CITY OF CHULA VISTA, California ("City" for
recording purposes only) and the signatories to this Agreement,
Brookfield Otay R8/9 LLC, a Delaware Limited Liability Company
("Developer" or "Owner"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. Tl:1is Agreement concerns and affects certain real
property located in Chula Vista, California, more particularly
described on Exhibit" A" attached hereto and incorporated herein
("Property"). The Property is approved Tentative Subdivision Map
Chula Vista Tract 01-11 Otay Ranch Village Eleven and is commonly
known as Windingwalk. For purposes of this Agreement the term
"Project" shall also mean "Property".
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B. "Owner" or "Developer" means the person, persons or
entity having a legal or an equitable interest in the property or
parts thereof and includes Owner's successors-in-interest and
assigns of any property within the boundaries of the Property.
C. Developer and/or Developer's predecessor in interest
has applied for and the City has approved Tentative Subdivision
Map commonly referred to as Chula Vista Tract 01-11 ("Tentative
Subdivision Map" or "Tentative Map") for the subdivision of the
Property.
D. The City has adopted Resolution No. 2001-364
("Resolution") pursuant to which it has approved the Tentative
Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
E. Developer has requested the approval of a "B" Map for
the Project ("Final Map"). Certain conditions of approval of the
Tentative Subdivision Map requires Developer to enter into an
agreement with the City prior to approval of the Final Map for the
Project.
F. City is willing, on the premises, security, terms and
conditions herein contained to approve the Final Map for which
Developer has applied and Developer has agreed to the terms and
conditions set forth herein.
G. All the terms of the Supplemental Subdivision
Improvement Agreement for Otay Ranch Village 11, "A" Map No.1
adopted by Resolution 2003-075 and the supplemental subdivision
improvement agreement for Otay Ranch Village Eleven "A" Map No.2,
approved by Resolution 2004-107, remain in full force and effect.
H. The following defined terms shall have the meaning set
forth herein, unless otherwise specifically indicated:
a. "Complete Construction" shall mean that the
construction of the improvements have been completed and have
been inspected and accepted by the City.
b. "Guest Builder" means those entities obtaining any
interest in the Property or a portion of the Property, after
the Final Map has been recorded.
c. "SPA Plan" means the Otay Ranch Village Eleven
Sectional Planning Area Plan as adopted by the City Council
on October 23, 2001 pursuant to Resolution No. 2001-363.
d.
"PFFP" means the Otay Ranch Village Eleven .public
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Facilities Financing Plan adopted by Resolution No. 2001-363,
and as may be further amended from time to time.
e. "FSEIR 01-02" means Final Subsequent Environmental
Impact Report and its attendant Addendum for the Otay Ranch
General Development Plan Amendments/Village Eleven Sectional
Area Plan and Conceptual Tentative Map.
f. "Improvement plans" means all the onsite and
offsite improvements required to serve the lots created by
the Final Map, in accordance with improvement plans to be
approved by the City. Said improvements shall include, but
not limited to, asphalt concrete pavement, base, concrete
curb, gutter and sidewalk, sewer, reclaimed and potable water
utilities, drainage facilities, street lights, signage,
landscaping, irrigation, fencing and fire hydrants.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1.
Agreement Applicable to Subsequent OWners.
a. Agreement Binding upon Successors. This Agreement
shall be binding upon and inure to the benefit of the
successors, assigns and interests of the parties as to any or
all of the Propert::y as described on Exhibit 'A" until
released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefit of the Property and the City, its successors and
assigns and any successor in interest thereto. ci ty is
deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the
community and other parties public or private, in whose favor
and for whose benefit of such covenants running with the land
have been provided without regard to whether City has been,
remained or are owners of any particular land or interest
therein. If such covenants are breached, the City shall
have the right to exercise all rights and remedies and to
maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breach to
which it or any other beneficiaries of this agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments.
If Developer assigns any portion of the Project to a Guest
Builder, Developer may request to be released from
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Developer's obligations under this Agreement, that are
expressly assumed by the Guest Builder, provided Developer
obtains the prior written consent of the City to such
release. Such assignment to the Guest Builder shall,
however, be subject to this Agreement and the Burden of this
Agreement shall remain a covenant running with the land. The
City shall not withhold its consent to any such request for a
release so long as the assignee acknowledges that the Burden
of the Agreement runs with the land, assumes the obligations
of the Developer under this Agreement, and demonstrates, to
the satisfaction of the City, its ability to perform its
obligations under this Agreement as it relates to the portion
of the Project which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If
Developer assigns any portion of the Project subject to the
Burden of this Agreement, upon request by the Developer or
its assignee, the City shall release the assignee of the
Burden of this Agreement as to such assigned portion if such
portion has complied with the requirements of this Agreement
to the satisfaction of the City and such partial release will
not, in the opinion of the City, jeopardize the likelihood
that the remainder of the Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence
of any of the following events, Developer shall, upon receipt
of the prior written consent of the City Manager (or
Manager's designee), have the right to release any lot(s)
from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the
sale of a residential lot to a buyer of an individual
housing unit;
ii. The conveyance of a lot to a Homeowner's
Association;
iii. The conveyance of a school site as identified
in the SPA Plan to a school district;
The City shall not withhold its consent to such release so long as
the City finds in good faith that such release will not jeopardize
the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the
City Manager (or Manager's designee) shall execute an instrument
drafted by Developer in a recordable form acceptable to the City
Manager (or Manager's designee), which confirms the release of
such lot or parcel from the encumbrance of this Agreement.
Notwithstanding the foregoing, at the close of an individual
homeowner's escrow on any lot or parcel encumbered by this
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Agreement, such lot or parcel shall be automatically released from
the encumbrance hereof.
2. Condition No.1 - (Agreement to all terms," covenants
and conditions). In satisfaction of Condition No.1 of the
Resolution, Developer agrees to all of the terms, covenants and
conditions contained herein shall that binding upon and inure to
the benefit of the heirs, successors, assigns and representatives
of the Developer as to any or all of the Property.
3. Condition No.2 - (Requirements and guidelines). In
satisfaction of Condition No.2 of the Resolution, Developer
agrees to comply with all requirements and guidelines of the City
of Chula Vista General Plan; the City's Growth Management
Ordinance; Chula Vista Landscape Manual, Chula Design Plan; Otay
Ranch General Development Plan, Otay Ranch Resource Management
Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan;
Otay Ranch Overall Design Plan; FSEIR # 01-02; Otay Ranch Village
Eleven Sectional Planning Area (SPA) Plan and supporting documents
including: village Eleven Public Facilities Finance Plan; Village
Eleven Parks, Recreation, Open Space and Trails Plan; Village
Eleven SPA Affordable Housing plan and the Non-Renewable Energy
Conservation Plan as amended from time to time, unless
specifically modified by the appropriate department head, with the
approval of the City Manager. These plans may be subject to minor
modifications by the appropriate department head, with the
approval of the City Manager, however, any material modifications
shall be subject to approval by the City Council.
4. Condition No.3 (City's Right to Revoke or Modify
Approvals). In satisfaction of Condition No.3 of the Resolution,
if any of the terms, covenants or conditions contained herein
shall fail to occur or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms,
the City shall have the right to revoke or modify all approvals
herein granted including issuance of building permits, deny, or
further condition the subsequent approvals that are derived from
the approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek damages
for their violation. The Developer shall be notified 10 days in
advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies
identified by the City.
5. Condition No.4 - (Hold City Harmless). In
satisfaction of Condition No.4 of the Resolution, Developer
agrees to indemnify, protect, defend and hold the City harmless
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from and against any and all. claims, liabilities and costs,
including attorney's fees, arising from challenges to the
Environmental Impact Report and subsequent environmental review
for the Project and any or all entitlements and approvals issued
by the City in connection with the Project.
6. Condition No.5 - (Comply with SPA Conditions). In
satisfaction of Condition No.5 of the Resolution, the Developer
agrees to comply with all applicable Village Eleven SPA
condi tions of approval, (PCM 99 -15) as may be amended from time
to time. Developer further agrees as follows:
a. To implement the final Otay Ranch Village Eleven
Air Quality Improvement Plan (AQIP) approved measures and
include the measures as part of the Project. The Developer
further:
i. Agrees to comply and remain in compliance
with the AQIP;
ii. Waives any claim that adoption of the final
AQIP constitutes an improper subsequent imposition of
the condition;
iii. Acknowledges that the City Council may, from
time-to-time, modify air quality improvement and energy
conservation measures related to new development as
various technologies and/or programs change or become
available; and
iv. Agrees prior to or concurrent with each Final
Map for the Project to modify the AQIP to incorporate
those new measures, which are in effect at the time.
Developer further acknowledges that the new measures
shall apply, as applicable, to development within all
future final map areas, but shall not be retroactive to
those areas which receive final map approval prior to
effect of the subject new measures.
b. To implement the final Otay Ranch Village Eleven
Water Conservation Plan (WCP) approved measures and include
the measures as part of the Project. The Developer further:
i. Agrees to comply and remain in compliance
with the WCP;
ii. Waives any claim that the adoption of a final
WCP constitutes an improper subsequent imposition of
the condition;
iii. Acknowledges that the City Council may, from
time-to-time, modify water conservation measures
related to new development as various technologies
and/or programs change or become available; and 4)
agrees prior to or concurrent with each final map for
the Project to modify the WCP to incorporate those new
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measures, which are in effect at the time. Developer
further acknowledges that the new measures shall apply
to development within all future final map areas, but
shall not be retroactive to those areas which received
final map approval prior to effect of the subject
measures.
7. Condition No.8 (Consistency with Land Offer
Agreement). In satisfaction of Condition No.8 of the Resolution,
the Developer agrees that the terms, conditions and time limits
associated with this tentative map shall be consistent with the
Land Offer Agreement approved by Resolution No. 2000-116 by the
Ci ty Council on April 11, 2000 (" Land Offer Agreement") and as
amended on August 7, 2001. The Developer and City of Chula Vista
hereby agrees to comply with the provisions of the Land Offer
Agreement and all Amendments thereto, and to remain in compliance
with the entire Land Offer Agreement and Amendments for the life
of the Agreement.
8. Condition No.9 - (Participate in Reserve Fund). In
satisfaction of Condition No.9 of the Resolution, the Developer
acknowledges and agrees that a reserve fund program has been
established by Resolution No. 18288 for the funding of the Fiscal
Impact of New Development (F.I.N.D.) Model for the Otay Ranch
Proj ect. The Developer agrees to provide funds to the Reserve
Fund as required by the Reserve Fund Program.
9. Condition No. 12 (Olympic Parkway Agreement). In
satisfaction of Condition No. 12 of the Resolution, Developer
hereby agrees that if any of these conditions conflict with the
Olympic Parkway Financing and Construction Agreement approved by
Council Resolution 19410, the Olympic Parkway Financing and
Construction Agreement shall control.
10. Condition No. 13 - (Environmental). In satisfaction of
Condition No. 13 of the Resolution, Developer hereby agrees, to
implement, to the satisfaction of the Director of Planning and
Building, all environmental impact mitigation measures identified
in Final EIR 01-02 (SCH#2001031120) , the candidate CEQA Findings
and Mitigation Monitoring and Reporting Program (Final EIR 01-02)
for this Project.
11. Condition No. 22 (Otay Ranch Preserve). In
satisfaction of Condition No. 22 of the Resolution, the Developer
agrees to convey fee title, or upon the consent of the Preserve
Owner/Manager (POM) and any lien holder, an easement restricting
use of the land to those permitted by the Otay Ranch Resource
Management Plan (RMP), to the POM upon the recordation of each
final map for an amount of land equal to the final map's
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obligation to convey land to the Preserve. Where an easement is
conveyed, the Developer agrees to provide subordination of any
prior lien holders in order to ensure that the paM has a first
priority interest in such land. Where consent and subordination
cannot be obtained, the Developer shall convey fee title. Where
fee title or an easement is conveyed, access to the satisfaction
of the paM shall also be conveyed. Where an easement is granted,
each final map is subject to a condition that fee title shall be
granted upon demand by the paM. The developer further agrees to
maintain and manage the offered conveyance property consistent
with Phase 1 and 2 RMP guidelines until such time when the paM
has accepted the conveyance property.
12. Condition No. 40 - (Security) In partial satisfaction
of Condition No. 40 of the Resolution, Developer agrees to
install all improvements listed in Exhibit "B" in accordance with
approved plans to the satisfaction of the Director of General
Services.
13. Condition No. 60 - (Private water in public street) In
satisfaction of Condition No. 60 of the Resolution, Developer
agrees to not install privately owned water, reclaimed water, or
other utili ties crossing any public street. Developer further
acknowledges and agrees that the installation of sleeves for
future construction of privately owned facilities may be allowed
subject to the review and approval of the City Engineer if the
following is accomplished:
a. The Developer enters into an agreement with the City
where the Developer agrees to the following:
i. Apply for an encroachment permit for
installation of the private facilities within the
public right-of-way; and,
ii. Maintain membership in an advance notice such
as the USA Dig Alert Service; and,
iii. Mark out any private facilities owned by the
Developer whenever work is performed in the area; and,
iv. The terms of this agreement shall be binding
upon the successors and assigns of the Developer.
b. Shutoff devices as determined by the City Engineer are
provided at those locations where private facilities traverse
public streets.
14. Condition No. 145 - (Seller Disclosure). In partial
satisfaction of Condition No. 145 of the Resolution, Developer
agrees to notify future property owners during escrow, by a
document to be initialed by the buyer, of maintenance
responsibilities and estimated annual cost of the MHaA.
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Developer further agrees to submit the document and obtain
approval of the City Engineer and the Director of Building and
Planning prior to the distribution through escrow.
15. Condition No. 172 -
satisfaction of Condition No.
agrees:
(Withhold Permits per PFFP). In
172 of the Resolution, Developer
a. That the City may withhold building permits for the
subject subdivision if anyone of the following occur:
i. Regional development threshold limits set by
the Chula Vista Transportation Phasing Plan, as amended
from time to time, have been reached or in order to
have the Project comply with the Growth Management
Program, as may be amended from time to time.
ii. Traffic volumes, levels of service, public
utilities and/or services either exceed the adopted
City threshold standards or fail to comply with the
then effective Growth Management Ordinance, and Growth
Management Program and any amendments thereto. Public
utilities shall include, but not be limited to, air
quality, drainage, sewer and water.
iii. The required public facilities, as identified
in the PFFP or as amended or otherwise conditioned have
not been completed or constructed to the satisfaction
of the City. The Developer may propose changes in the
timing and sequencing of development and the
construction of improvements affected. In such case,
the PFFP may be amended as approved by the City's
Director of Planning and Building and the Public Works
Director. The Developer agrees that the City may
withhold building permits for any of the phases of
development identified in the Public Facilities
Financing Plan (PFFP) for Otay Ranch Village Eleven SPA
if the required public facilities, as identified in the
PFFP or as amended by the Annual Monitoring Program
have not been completed.
b. To defend, indemnify and hold harmless the City and
its agents, officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval
by the City, including approval by its Planning Commission,
City Councilor any approval by its agents, officers, or
employees with regard to this subdivision pursuant to Section
66499.37 of the State Map Act provided the City promptly
notifies the Developer of any claim, action or proceeding and
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on the further condition that the City fully cooperates in
the defense.
c. To ensure that all franchised cable television
companies ("Cable Company") are permitted equal opportunity
to place conduit and provide cable television service to each
lot within the subdivision. Developer agrees that the City
of Chula Vista may grant access to cable companies franchised
by the City of Chula Vista to place conduit within the City's
easement situated within the Project. Developer shall
restrict access to the conduit to only those franchised cable
television companies who are, and remain in compliance with,
all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television
companies as same may have been, or may from time to time be
issued by the City of Chula Vista.
d. That the City may withhold the issuance of building
permits for the Project, should the Developer be determined
by the ci ty to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Agreement. The
ci ty shall provide the Developer of notice of such
determination and allow the Developer reasonable time to cure
said breach
e. To hold the City harmless from any liability for
erosion, siltation or increase flow of drainage resulting
from this Project.
16. Condition No. 173 - (No Protest) In satisfaction of
Condition No. 173 of the Resolution, Developer agrees to
participate, on a fair share basis, in any deficiency plan or
financial program adopted by SANDAG to comply with the Congestion
Management Program (CMP) and not protest the formation of any
future regional impact fee program or facilities benefit district
to finance the construction of regional facilities.
17. Condition No. 174 (Previous Agreements). In
satisfaction of Condition No. 174 of the Resolution, Developer
agrees to comply with all previous agreements as they pertain to
the Tentative Map including but not limited to the "supplemental
subdivision improvement agreement for Village 11" approved by
City Council Resolution 2003-075 on March 4, 2003, the
supplemental subdivision improvement agreement for Otay Ranch
Village Eleven "A" Map No.2 adopted by Resolution 2004-107 and
"Agreement for Monitoring of Building Permits" approved by City
Council pursuant to City Resolution 2003-167.
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18. Condition No. 175 - (Street Sweeping). In satisfaction
of Condition No. 175 of the Resolution, Developer agrees to
contract with the City's current street sweeping franchisee, or
other server approved by the City Engineer to provide street
sweeping for each phase of development on a frequency and level
of service comparable to that provided for similar areas of the
ci ty. The Developer further agrees to cause street sweeping to
commence immediately after the final residence, in each phase, is
occupied and shall continue sweeping until such time that the
City has accepted the street or 60 days after the completion of
all punch list items, whichever is shorter.
19. Condition No. 203 (Code Requirements). In partial
satisfaction of Condition No. 203 of the Resolution, Developer
agrees that all proposed development shall be consistent with the
Otay Ranch village Eleven SPA planned Community District
Regulations.
20. Condition No. 204 (Code Requirements). In partial
satisfaction of Condition No. 204 of the Resolution, Developer
agrees to comply with Chapter 19.09 of the Chula Vista Municipal
Code (Growth Management) as may be amended from time to time by
the City. Said chapter includes but is not limited to: threshold
standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan
amendment procedures.
21.. Condition No. 205 (Code Requirements). In partial
satisfaction of Condition No. 205 of the Resolution, Developer
acknowledges that the City amending its Growth Management
Ordinance to add Section 19.09.105, to establish provisions
necessary to ensure compliance with adopted threshold standards
(particularly traffic) prior to construction of State Route 125.
Developer acknowledges and agrees that said provisions will
require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a
proposed development as a prerequisite to final map approval for
that development, and the Developer hereby agrees to comply with
adopted amendments to the Growth Management Ordinance.
22. Satisfaction of Conditions. City agrees that the
execution of this Agreement constitutes satisfaction or partial
satisfaction of Developer's obligation of Condition Nos. 1-6, 8,
12, 13, 22, 40, 60, 145, 172-175, 203-205 of Resolution 2001-364.
Developer further understands and agrees that some of the
provisions herein may be required to be performed or accomplished
prior to the approval of subsequent final maps for the Project,
as may be appropriate.
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23. Unfulfilled Conditions. Developer hereby agrees,
unless otherwise conditioned, that Developer shall comply with
all unfulfilled conditions of approval of the Tentative Map,
established by Resolution No. 2001-364 and shall remain in
compliance with and implement the terms, conditions and
provisions therein.
24. Recording. This Agreement, or an abstract hereof shall
be recorded simultaneously with the recordation of the Final Map.
25. Building Permits. Developer and Guest Builders
understand and agree that the City may withhold the issuance of
building permits for the Project, should the Developer be
determined by the City to be in breach of any of the terms of
this Agreement. The City shall provide the Developer of notice
of such determination and allow the Developer with reasonable
time to cure said breach.
26. Assignablity. Upon request of the developer, any or
all on-site duties and obligations set forth herein may be
assigned to developer's successor in interest if the City manager
in his/her sole discretion determines that such an assignment
will not adversely affect the City's interest. The City Manager
in his/her sole discretion may, if such assignment is requested,
permit a substitution of securities by the successor in interest
in place and stead of the original securities described herein so
long as such substituted securities meet the criteria for
security as set forth elsewhere in this agreement. Such
assignment will be in a form approved by the City Attorney.
27.
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.
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CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
DEVELOPER:
Brookfield Otay R8/9 LLC
12865 pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: John Norman, Vice President
Tel: (858) 481-8500
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the
other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe or
limit the scope or intent of this Agreement or any of its
terms.
c. Entire Agreement. This Agreement contains the
entire agreement between the parties regarding the subject
matter hereof. Any prior oral or wri tteh representations,
agreements, understandings, and/or statements shall be of no
force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties
unless expressly noted.
d. Preparation of Agreement. No inference, assumption
or presumption shall be drawn from the fact that a party or
his attorney prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated
equally in the preparation and/or drafting this Agreement.
e. Recitals; Attachments. Any recitals set forth above
and exhibits attached hereto are incorporated by reference
into this Agreement.
f. At torneys I Fees. If ei ther party conunences
litigation for the judicial interpretation, reformation,
enforcement or rescission hereof, the prevailing party will
be entitled to a judgment against the other for an amount
equal to reasonable attorney's fees and court costs incurred.
The "prevailing party" shall be deemed to be the party who is
awarded substantially the relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
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[PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE ELEVEN, PLANNING AREA
R-8 AND R-9, CHULA VISTA TRACT NO. 01-11]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
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[PAGE TWO OF TWO S:IGNATURE PAGES TO THE SUPPLEMENTAL SUBDJ:V:IS:ION
:IMPROVEMENT AGREEMENT FOR OTAY RANCH V:ILLAGE ELEVEN, PLAmnNG AREA
R-8 AND R-9, CHULA VISTA TRACT NO. 01-11J
DEVELOPERS/OWNERS:
Brookfield Otay R8/9 LLC, a Delaware Limited Liability Company
:"~~;~b
By'~ÿ
Name: f::-,,{);' (ke.t
I'
Y./'.
(Attach Notary Acknowledgment)
15
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
} ss.
County of San Diego
On June 28, 2004, before me, Colette Kavanagh, Notary Public,
personally appeared John W. Norman and E. Dale Gleed,
personally known to me to be the person
whose names are subscribed to the within
instrument and acknowledged to me that
they executed the same in their authorized
capacity, and that by their signatures on the
instrument the persons, or the entity upon
behalf of which the persons acted, executed
the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above
~ ~~ \ c&'v¿'-""'=~
Signature of Notary Public
OPTIONAL
Though the infO/mation below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this fonn to anothe' document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title: Vice President
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Right Thumbprint
of Signer
Top of"'"",b h...
Signer is Representing:
(p~ 3 £f
EXHIBIT nAn
PROPERTY DESCRIPTION
Lots 4 and 5 of Chula Vista Tract No. 01-11, Otay Ranch Village 11
"A" Map No.2 in the City of Chula Vista, County of San Diego,
State of California, according to Map thereof No. ,
Field in the Office of the County Recorder of San Diego County on
2004 as File No. of Official
Records.
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EXHIBIT "B"
LIST OF SECURITIES
CV WO No Description Bond $ Bonding Company Name Bond
IDrawinø #\ number
04-043 Landscape and Irrigation Plans $199,657 General Insurance Company TS5036689
for Village 11, Neighborhood R-8 of America
and 9
J,\Engineer\LANDDEv\projects\Otay Ranch village 1l\r8&9\R8 R9 SSIA S-17-04.DOC
17
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RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS
AND MAINTENANCE AGREEMENT CHULA VISTA TRACT
NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS
R-8 AND R-9.
WHEREAS, there are some areas of public right-of-way that are to be maintained by the
Home Owner's Association (HOA); and,
WHEREAS, the grant of easements and maintenance agreement sets forth the master
developer's obligation to maintain these areas within the public right-of-way until such time as
the HOA takes over the maintenance thereof; and,
WHEREAS, the master developer obligations under the agreement and grant of
easements are to be assigned to the HOA; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Grant of Easements and Maintenance Agreement, between
Brookfield Shea Otay, LLC and the City of Chula Vista for the maintenance of public right-of-
way within Otay Ranch Village II Neighborhoods R-8 and R-9, a copy of which shall be kept on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Jack Griffin
General Services Director
])ó-7.~
Ann Moore
City Attorney
~~37
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
..v- l. ?-L.-
Ann Moore
City Attorney
Dated: 1'-z.-' -t) '1
Grant of Easements and Maintenance Agreement for
Chula Vista Tract No. 01-11, OtayRanch Village 11
Neighborhoods R-8 and R-9
~~3~
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 01-11 OTAY RANCH VILLAGE 11
NEIGHBORHOODS R.8 AND R-9, Map No.
TWILIGHT AT WINDINGWALK
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
("Agreement") is made as ofthis~b day of -j~ , 200~-by and between the CITY OF
CHULA VISTA, a municipal corporation ("City"), and BROOKFIELD SHEA OTA YLLC, a California
limited liability company ("BSO, LLC").
RECITALS
A. This Agreement concerns and affects certain improvements within portions of the real
property located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto
and incorporated herein ("Property"). The Property is part of a planned residential development proj ect
commonly known as Windingwalk Planned Development (and also referred to as "Otay Ranch Village
II "), Chula Vista Tract No. 01-11, being the subject of the City Council Resolution No. 2001-364
(the "City Resolution"). For purposes ofthis Agreement, the term "Project" shall refer to the overall
Windingwalk Planned Development proj ect, including, but not limited to the "Property."
B. BSO, LLC is the the Declarant under that certain Master Declaration of Restrictions
For Windingwalk filed orto be filed forrecord in the Official Records of San Diego COunty, California
(the "Master Declaration"). BROOKFIELD OTA YR8/9 LLC, a Delaware limited liability company,
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("Guest Builder") which has signed a Consent to this Agreement, is the owner of the Property. The
Master Declaration provides for WINDINGW ALKMASTERASSOCIATION, a California Nonprofit
Mutual Benefit Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one
or more sub-associations may be formed ("SHOA") for a particular project(s) within Windingwalk
Planned Development, the purposes of which would include the maintenance of certain amenities
within the project over which the SHOA has jurisdiction.
C. The Property is or will become covered by that the certain final map(s) (the "Final
Maps") described on Exhibit" A" attached hereto and referenced in the title to this Agreement.
D. In order for BSO, LLC or Guest Builder to obtain the Final Maps and for the City to
have assurance that the maintenance of certain areas within the Project would be provided for, the
City and BSO, LLC or Guest Builder entered into a Supplemental Subdivision Improvement Agreement
pursuant to the City Resolution, in which BSO, LLC agreed that maintenance of such areas shall be
accomplished by the creationofahome owners association. The Parcels shown on Exhibit "B" attached
hereto describe those particular areas which were dedicated to the public on one or more of the Final
Maps but which include landscaping and drainage improvements to be maintained by the MHOA.
Thepublicareas to be maintained by the MHOA are collectively referred to as the "MHOAMaintained
Public Areas."
E. The City desires to grant to BSO, LLC easements for landscape maintenance purposes
upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to
facilitate the obligations of BSO, LLC as set forth in Supplemental Subdivision Improvement
Agreements, adopted pursuant to the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
I. Grant of Easements. The City hereby grants to BSO. LLC and its agents, successors
and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public
Areas for the purpose of maintaining, repairing and replacing landscaping improvements located thereon.
These grants are made without any warranties of any kind, express or implied, other than the warranty
stated in Paragraph 14(f) below.
2.
Maintenance Obli!!ations
(a) BSO, LLC to Initially Maintain. BSO, LLC hereby covenants and agrees,
at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired
or replaced, those improvements within the MHOA Maintained Public Areas which are
described on Exhibit "C" attached hereto, at a level equal to or better than the level of
maintenance which is acceptable to the Director of Public Works Operations, at his/her
discretion and equivalent to City or Community Facilities District maintained right-of-way
facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean
the maintenance, repair, the provision of water and replacement obligations described herein
and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the
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City of any City owned property that is damaged during performance of the maintenance
responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance
responsibilities of the City.
(b) Transfer to MHOA. Upon BSO, LLC's transfer of maintenance obligations
to the MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred,
and (ii) subject to the City determining that the requirements of Paragraph 3 below have been
satisfied, BSO, LLC shall be released ftom such obligation. Transfer of maintenance obligations
to the MHOA may be phased (that is, there may be multiple transfers).
BSO, LLC represents to City that it intends to, and has the authority to, unilaterally
transfer said maintenance obligations either (i) to the MHOA and that such transfer has been
provided for in the Master Declaration, and that such document(s) include the provisions
described in Paragraph 3 (a)(ii) below, or alternatively (ii) to anew homeowners association
(the "New Association") established formaintenance of the open space and thoroughfare median
areas in the Property, and that such transfer shall be provided for in the declaration of restrictions
(the "New Declaration") for the New Association, and that such document(s) shall include
the provisions described in Paragraph 3( a)(ii) below. References below in this Agreement
to the "Association" shall include the New Association and "Declaration" shall include the
New Declaration ifBSO, LLC elects to form a new homeowners association for the Property.
(c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance
obligations to a sub-association ("SHOA") or to the owner of an apartment project
("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i)
the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA
shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii)
the MHOA shall be released ftom the obligations so transferred subject to the City determining
that the requirements of Paragraph 4 below have been satisfied. Although it is possible that
Maintenance obligations might be transferred to an apartment owner, BSO, LLC does not
believe it is likely that Maintenance obligations will be transferred to an apartment owner.
3.
Assi!mment bv BSO. LLC and Release ofBSO. LLC
(a) Assignment. Upon BSO, LLC's transfer of the Maintenance obligations to
the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release BSO, LLC ftom its
obligations only if all of the following occur:
(i) MHOAAccents Obligation. TheMHOAhas unconditionally accepted
and assumed all ofBSO, LLC's obligations under this Agreement in writing, such
assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations ofBSO, LLC under
this Agreement. The assignment shall also have been approved by the appropriate
governing body of the MHOA by resolution or similar procedural method and approved
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as to form and content by the City Attorney. The City shall not unreasonablywithhold
its consent to such assignment.
(ii) MHOA's Master Declaration. The City has confirmed that there have
been no modifications to the recorded Master Declaration previously approved by City,
to any of the following provisions: the MHOA shall be responsible for the maintenance
of the MHOAMaintained Public Areas, the MHOA shall indemnify City for all claims,
demands, causes of action, liability or loss related to Qr arising :fÌ'om the maintenance
activities, and the MHOA shall not seek to be released by City :fÌ'om the maintenance
obligations of this Agreement, without the prior consent of City and one hundred percent
(100%) of the holders of first mortgages or owners of the Property.
(iii) MHOA Insurance. The MHOA procures and formally resolves to
maintain at its sole cost and expense, commencing no later than the City's release of
all ofBSO, LLC's landscape maintenance bonds, a policy of public liability insurance
which at least meets the requirements of Section 5.1 (a) of the Master Declaration which
reads as follows:
(a)
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General Liability Insurance. The Master Association
shall obtain a comprehensive general liability and
property damage insurance policy insuring the Master
Association and the Owners against liability incident
to ownership or use of the Master Association Property.
The limits of such insurance shall not be less than
$3 Million covering all claims for death, personal injury
and property damage arising out of a single occurrence.
The insurer issuing such insurance shall have rating by
A.M. Best of "A, Class V" or better with no modified
occurrences and as admitted by Best's Insurance Guide.
Such insurance shall include the following additional
provisions provided they are available on a
commercially reasonable basis:
(i)
The City of Chula Vista shall be named as an
additionally insured party to such insurance pursuant
to the City's requirements the Master Association do
so;
(ii)
The policy shall not contain a cross-suit exclusion
clause which would abrogate coverage should litigation
ensue between insureds;
(iii)
The policy shall contain the following severability
clause (or language which is substantially the same):
"The coverage shall apply separately to each insured
except with respect to the limits ofliability."
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This Section 5.1(a) may not be amended without the written consent
of the City Planning Director or City Attorney.
The MHOA shall provide the City with a Certificate of Insurance upon procurement
of the policy as set forth above.
(b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, BSO,
LLC shall be released from its obligations under this Agreement, including its security and
insurance requirements. BSO, LLC acknowledges that it has a contractual obligation to perform
the terms and conditions of this Agreement until and unless released by the City :!Ì'om this
Agreement. At least sixty (60) days prior to such transfer, BSO, LLC shall give a notice to
the City ofBSO, LLC's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 3(a).
4.
AssÍ!mment bv MHOA and Release of MHOA.
(a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a
Transferee, it is intended by the parties that the Transferee shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release the MHOA :!Ì'om its
obligations only if all of the following occur:
(i) Transferee Accents Obligation. The Transferee has unconditionally
accepted and assumed all of the MHOA's obligations under this Agreement in writing,
such assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of the MHO A under
this Agreement. If the Transferee is an SHOA, the assignment shall also have been
approved by the appropriate governing body of the SHOA by resolution or similar
procedural method and approved as to form and content by the City Attorney. The
City shall not unreasonably withhold its consent to such assignment.
(ii) SHOA's Declaration ofRestrictions. If the Transferee is an SHOA, the
City has reviewed and approved the SHOA's recorded Declaration of Restrictions to
confirm that said document contains appropriate maintenance and insurance provisions.
(iii) SHOA Insurance. The Transferee procures and formally resolves to
Maintain at its sole cost and expense, a policy of public liability insurance which meets
the requirements set forth in Paragraph 3 (a) (iii) above. The SHOA shall provide
the City with a Certificate of Insurance upon acceptance of the transfer of the
Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the
MHOAshall be released:!Ì'om its obligations under this Agreement, including its security and
insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice
to the City ofMHOA's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 4(a).
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5. BSO.LLC's Insurance. Until such time as the MHOA has obtained the general liability
insurance required by Section 5.1 (a) of the Master Declaration, BSO, LLC agrees to procure and
formally resolves to maintain at its sole cost and expense, commencing no later than the date that
the landscape architect of record has submitted a letter of substantial conformance pertaining to work
being completed to the General Services Department and the General Services Department Director
or his designee has deemed the work complete and satisfactory, a policy of public liability insurance
that would include, but is not limited to the following:
General Liabilitv Insurance. BSO, LLC shall obtain a comprehensive general liability and
property damage insurance policy insuring BSO, LLC against liability incident to ownership or use
of the Property. The limits of such insurance shall not be less than $3 Million covering all claims
for death, personal injury and property damage arising out of a single occurrence. The insurer issuing
such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and
as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions
provided they are available on a commercially reasonable basis:
(i)
The CityofChula Vista shall be named as an additionally insured party to such
insurance pursuant to the City's requirements BSO, LLC do so;
(ii)
The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(iii)
The policy shall contain the following severability clause (or language which
is substantially the same): "The coverage shall apply separately to each insured
except with respect to the limits ofliability."
BSO, LLC shall provide the City with a Certificate of Insurance upon procurement of the policy as
set forth above.
6. Indemnitv. BSO, LLC shall defend, indemnifY and hold harmless the City, its officers,
agents and employees, :!Ì'om any and all actions, suits, claims, damages to persons or property, costs
including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any
sort (herein "claims or liabilities"), that maybe asserted or claimed by any person, firm, or entity
because of or arising out of or in connection with the use, maintenance, or repair of the MHOA
Maintained Public Areas. BSO, LLC shall not have any liability under this section by reason of the
Transferee's failure to maintain.
7. Indemnitv If Transferee. The document whereby BSO, LLC transfers a Maintenance
obligation to a Transferee shall be signed by both BSO, LLC and the Transferee and shall set forth
an express assumption ofMaintenance and other obligations hereunder and shall include the following
indemnification provision:
Indemnitv. The Transferee shall defend, indemnifY, and hold harmless the City, its
officers, agents and employees, :!Ì'om any and all actions, suits, claims, damages to
persons or property, costs including attorney's fees, penalties, obligations, errors,
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omissions, demands, liability, or loss of any sort (herein "claims or liabilities"),which
result :!Ì'om the Transferee's failure to comply with the requirements of the obligations
transferred hereby to Transferee. Transferee shall not have any liability under this
Indemnity by reason of another party's failure to maintain. It is specifically intended
that the City shall have the right to enforce this Indemnity. This Indemnity may not
be amended without the written consent of the City Director of Planning and Building
or City Attorney.
8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding
upon BSO, LLC and any successive Declarant under the Master Declaration. This Agreement shall
be binding upon MHOA and any Transferees upon transfer of maintenance obligations to theMHOA
or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property.
9. Agreement Runs With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the community and other parties, public
or private, in whose favor and for whose benefit such covenants running with the land have been
provided, without regard to whether the City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
10. Governinl! Law. This Agreement shall be governed and construed in accordance with
the laws of the State of California.
11. Effective Date. The terms and conditions of this Agreement shall be effective as of
the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office.
12. Counternarts. This Agreement maybe executed in any number of counterparts, each
of which shall be original and all of which shall constitute one and the same document.
13. Recordint¡¡. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City Council.
14.
Miscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified orregistered
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mail, return receipt requested, first-class postage prepaid, addressed to the address indicated
in this Agreement. A partymaychange such address for the purpose of this Paragraph by giving
written notice of such change to the other party.
IfTo City:
CITY OF CHULA VISTA
Department of Public WorkslEngineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
If To BSO, LLC:
BROOKFIELD SHEA OTA Y LLC
c/o Brookfield Otay LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: Mr. John Norman
With a Copy To:
Brookfield Otay R8/9 LLC
12865 Pointe Del Mar, Suite 200
Del Mar, CA 92014
Attn: Mr. Adam Pevney
(b) Captions. Captions in this Agreement are ins,erted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
(c) Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding
the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between theparties
unless expressly noted.
(d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, BSO, LLC, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, permits and approvals.
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(f) Authority of Signatories. Each signatory and party hereto hereby warrants
and represents to the other party that it has legal authority and capacity and direction :!Ì'om
its principal to enter into this Agreement, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
(g) Modification. This Agreement maynotbe modified, terminatedorrescinded,
in whole orin part, except bywritten instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego
County Recorder's Office.
(h) Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant
or condition to person or circumstance, shall not be affected thereby and each term, covenant
or condition shall be valid and be enforced to the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn :!Ì'om the fact that a party or its attorney prepared and/or drafted this Agreement.
It shall beconc1usivelypresumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first set forth above.
CITY OF CHULA VISTA, a municipal corporation
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
Ann Moore, City Attorney
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BROOKFIELD SHEA OT A Y LLC, a California limited liability company
By:
Brookfield Otay LLC, a Delaware lirnited liability company, Member
By
Its
By
Its
By:
Shea Otay Village II LLC, a California lirnited liability company, Member
By:
Shea Homes Limited Partnership, a California limited partnership, Its:
Sole Member
By:
J.F. Shea Co., Inc., a Nevada corporation, Its: General Partner
~J~ ~~~1
By 1~ ~tYb-
Its ./
CONSENT OF GUEST BUILDER:
The undersigned, being the owner of the Property, hereby consents to this Agreement and
to the recording of this Agreement.
By
Its
, a Delaware limited liability company
By
Its
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STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN DIEGO
On )ù<\'" 3::' , , 200-..:!:, before me, C.:.;o\..c\~ 'ç.c.:uvG.V\.=<jL
Notary Public in and for saI,lid State, personally appeared . \ z,hVl V\. \-J."", v'V~ <"...v-£j
C ,~\C 6\",<:,:»
,
personally known to me (Gr-fJI'-G'Æd-tG-IIltH>n-tbe-basis-ðfsatisfactory c"v idt:llCt:) to be the person( s)
whose name(s) mare subscribed to the within instrument and acknowledged to me that hefshe/they
executed the same in hislher/their authorized capacity(ies), and that by hisfher/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.
COLETTE KAVANi'.mi
Commisslon#1317Cß4 z
~. i"'; ,.'ublle - CaUfamia ~
, s.~" o¡eg==ccun~ -
.. '"~i,ç"m,o,Ðq¡i_.S<¡P5,2OOð,.
""..._..,....~
(Seal)
. ~~"~,~\..~
Signature
STATE OF CALIFORNIA
)
) ss.
COUNTY OF SAN DIEGO )
On -(;7 , 20~ before me\-)Ú ;;2-/l-h/1iV ,¿ - ~Î fi.c .
Pu ic in and r saidJ;tate, personally appeared ;;rtf.4 ¡", . 6 ¡;:jz)z ~
, P-t"í/I/t
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.
¿
'I. .' SUZAN,. N EL. MO E,RKE
CommiSSIOn. 1357666
- . Notav ~ . CQIIoInIa
san DIego ~ eal)
", t.\'~ 21.
~-w
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STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN DIEGO
On \'-<,'\c- -.5 -::;, . 200~, before me, C, ~<:-\;\.e lø '"-,,,,-v,-c< S~
Notary Public in and for said State, personally appeared -. \ ",VI", \IV. W:;ov /v-e-"~
C.::.t-d' (Ç O~ \ e C-:c\ e <:J)-
personally known to me (or pro v cd tt} me-en-the..basis of: satisfactory evid"nrf>.) to be the person( s)
whose name(s)-is/are subscribed to the within instrument and acknowledged to me that hehhe/they
executed the same ~llisfher/their authorized capacity(ies), and that by hisfhef'1'their signature(s) on
the instrument, the person( s), or the entity upon behalf of which the person( s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature C~~\~ ~~_.'-V.ç.(f----
(Seal)
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
A PORTION OF PICKET FENCE DRIVE AS DEDICATED TO PUBLIC USE ON CHULA VISTA
TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-8 AND R-9,
ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON , 2004 BEING A
SUBDIVISION OF A PORTION OF LOTS 4 AND 5 OF CHULA VISTA TRACT NO. 01-11,
OTAY RANCH, VILLAGE 11, "A" MAP NO.2, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14780, FILED
IN THE OFFICE OF SAID COUNTY RECORDER, ON APRIL 30, 2003.
PARCELA-1:
A PORTION OF QUIET TRAIL DRIVE AS DEDICATED TO PUBLIC USE ON CHULA VISTA
TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-8AND R-9,
ACCORDING TO MAP THEREOF NO. FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY ON , 2004 BEING A
SUBDIVISION OF A PORTION OF LOTS 4 AND 5 OF CHULA VISTA TRACT NO. 01-11,
OTAY RANCH, VILLAGE 11, "A" MAP NO.2, IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14780, FILED
IN THE OFFICE OF SAID COUNTY RECORDER, ON APRIL 30, 2003.
PAGE 1 OF 1
:os M:\2366\21\Legal OescriptionslA01 ESMT & UC AGREE without doves seal:doc
WO 2366-03 6/28/04 .
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EXHIBIT "B"
Plats Showing Public Areas To Be Privately Maintained
6128/04
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EXHIBIT "B" SH££T 1 OF J SHEETS
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOODS R-8 AND R-9
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EXHIBIT "B"
CHULA VISTA TRACT NO. 01-11
OTAY RANCH
VILLAGE 11 NEIGHBORHOODS R-8 AND R-9
SEE SHEET NO.1
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CHULA
EXHIBIT "E"
VISTA TRACT NO. 01-11
OTAY RANCH
NEIGHBORHOODS R-8 AND R-9
SEE SHEa NO.2
SHEET J OF J SHEETS
VILLAGE 11
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EXHIBIT "C"
Maintenance ResDonsibilities
City of Chula Vista
Area HOA Maintenance Maintenance
Parkways within those Landscaping in the parkways Maintenance of curb, gutter,
portions of those public road including irrigation, trimming sidewalks and pavement.
shown on Exhibit "B" and pruning of trees, and
maintenance and irrigation of
turf areas.
(Ó-56
6128/04
012200-0051257670.1
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 8/03/04
SUBMITTED BY:
Resolution Authorizing the levy of maximum special taxes
for Fiscal Year 2004/05 within Community Facilities Districts 97-1, 97-2, 97-
3,98-1,98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2, 06-1, 07-1, 08-1, 07M,
08M and 09M; and delegating to the City Manager the authority to establish
the special tax for each District
Director of General Services / City Engineer ~
6\c.
City Manager X,,<;¡r' (4/Sths Vote: Yes_No...K..)
ITEM TITLE:
REVIEWED BY:
Seventeen (17) Community Facilities Districts were formed during Fiscal Years 1998-2004. Each
year, a special tax must be levied in each of the districts to pay for the maintenance of open space
and preserve areas, or to repay bondholders.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS: Not applicable.
DISCUSSION:
In January 1998, City Council adopted the City of Chula Vista statement of goals and policies
regarding the establishment of Community Facilities Districts. This document allowed the use of
CFDs as a public financing mechanism for:
. Acquisition and/or construction of public improvements and facilities;
. Financing of authorized public services; and
To repay bonded indebtedness or other related expenses.
During Fiscal Years 1998/99 through 2002/03, the following Community Facilities Districts were
formed in the Otay Ranch, Sunbow II, San Miguel Ranch, and the Eastlake areas and were included
in last year's assessment:
CFD Location Purpose
------- - - n -- - -- -- ------- - - un -- - -
97-1 Otay Ranch SPA I, Villages I and 5 Open Space maintenance
97-2 Otay Ranch Preserve Open Space maintenance
97-3 Otay Ranch McMillin SPA I Bond Issue for acquisition of public facilities
98-1 Otay Ranch Villages I W, 2, 2W, 6, 7, 12 Interim open space maintenance
98-2 Otay Ranch McMillin SPA 2, Villages 6, 7 Interim open space maintenance
98-3 Sunbow II Open Space maintenance
99-1 OtayRanchSPA I, Villages I, 5, IWest Bond Issue for acquisition of public facilities
99-2 OtayRanch SPA I, Village IWest Open Space maintenance
2000-1 Sunbow II, Villages 5-10 Bond Issue for acquisition of public facilities
7-1
Page 2, Item ~
Meeting Date 8/03/04
I
CFD Location PUt-pose
- . - ---- -- -- ---- --
2001-1 San Miguel Ranch, Areas A and B Bond Issue for acquisition of public facilities
2001-2 McMillin Otay Ranch, Village 6 Bond Issue for acquisition of public facilities
06-1 East1ake Woods, Vistas, Land Swap (A & B) Bond Issue for acquisition of public facilities
07-M Eastlake Woods, Vistas, Land Swap (Areas 1,2) Maintenance district
08-M McMillin & atay Ranch Village 6 (Areas 1,2) Maintenance district
On July 22, 2003, Council adopted resolution no. 2003-309 (Attachment I), establishing the
maximum authorized special tax rates for fiscal year 2003/04 for these CFDs, authorized the levy of
special taxes on the maximum authorized special tax rates, and delegated to the City Manager the
authority to establish the specific special tax rate applicable to each parcel. These existing
infi'astructure and open space maintenance CFDs are further detailed in Exhibits A through M, and
are accompanied by district maps.
During fiscal year 2003/04, three new CFDs were formed in Otay Ranch. These new infi'astructure
and open space maintenance CFDs are further detailed in Exhibits N through P. An additional new
maintenance district for Rolling Hills Ranch (CFD ll-M) is currently in formation and is expected
to be presented to Council for consideration shortly as a separate item.
Bond Issue for acquisition of public facilities
Bond Issue for acquisition of public facilities
Maintenance district
The CFD Special Tax Reports for the maintenance CFDs, CFDs 97-1, 97-2, 98-1, 98-3, 99-2, 07-M,
08-M and 09-M, require the establishment of a fund reserve for each district of up to 100 percent of
the total annual operating budget in order to provide revenue for the first half of the fiscal year
before any income is received and to provide for cost overruns and delinquencies. A 50 percent
reserve has been provided in each of these CFDs by including, if required, an additional 50 percent
of the fiscal year 2004/05 budget. The reserves should provide sufficient funding through December
31, 2004. Additional reserves may be realized depending on the schedule for accepting new
landscaping improvements during the fiscal year.
Fiscal Year 2004/05 Rates
According to the Rate and Method of Apportionment for open space maintenance CFDs 97-1, 97-2,
98-1, 98-3 and 99-2, the Maximum Special Tax Rates (see exhibits) for each fiscal year after the
initial year shall be increased or decreased by the lesser of the annual percentage change in the San
Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the annual percentage change in
the estimated California Fourth Quarter Per Capita Personal Income as contained in the Governor's
budget published in January of each year. The CPI increase between the second half of 2002 and the
second half of 2003 was approximately 3.74%, while the estimated California Fourth Quarter Per
Capita Personal Income increase was 3.90%. Staff therefore used the CPI (3.74%), which is the
lesser of the annual percentage change.
7-2
Page 3, Item ~
Meeting Date 8/03/04
According to the Rate and Method of Apportionment for open space maintenance CFDs 07-M and
08-M, the Maximum Special Tax shall be increased each fiscal year after the initial year and by a
factor equal to the annual percentage change in the San Diego Metropolitan Area All Urban
Consumer Price Index. The CPI increase between the second half of 2002 and the second half of
2003 was approximately 3.74%. For CFD 09-M, the Maximum Special Tax shall be increased each
fiscal year beginning in fiscal year 2004/05 by the same CPI factor of3.74%.
The maximum authorized and projected annual Special Tax rates for all Community Facilities
Districts are given in the exhibits. Square footage (SF) refers to building floor area, and acreage
refers to the total lot size. For CFD 98-3, a single-family dwelling unit is equivalent to one EDU.
Costs are spread to multi-family units on the basis of 0.8 EDU per unit for street medians and
parkways, and 1.0 EDU per unit for all other facilities in the CFD.
The fiscal year 2004/05 actual special tax rates are projected at this time due to the large volume of
building permit activity within the City of Chula Vista and large volume of subdivision activity in
the County of San Diego. Staff proposes that the City Manager be authorized to modify the
projected annual special tax rates based on actual square footage and acreage provided such annual
special tax rates do not exceed the maximum authorized special tax. Since the rates have been
rounded, actual revenue may be slightly different.
Because oflarge savings in maintenance CFDs 98-1, 98-3, 99-2 and 08M, the projected special tax
rates for fiscal year 2004/05 has significantly been reduced. These savings are attributable to
delayed turnover of maintenance areas and reduced operational expenses. Once turnover of the
maintenance areas occurs, the rates will likely increase in subsequent years.
The final Special Tax Levy Reports will include a list of all parcel numbers and charges applicable
to each parcel. The valid parcel numbers cannot be known for certain until after the special taxes
have been submitted to the County for inclusion on the County property tax bills. The final reports
will be prepared in August.
The total scheduled debt on all bonded districts is $10,827,292. The annual debt is broken down
between districts as follows: $1,384,202 for CFD 97-3, $5,226,648 for CFD 99-1, $901,998 for
CFD 2000-1, $1,665,755 for CFD 2001-1 Improvement Area A, $1,075,075 for CFD 2001-2,
$4,542,173 for CFD 06-1 Improvement Area A, $854,303 for CFD 06-1 Improvement Area B,
$1,962,124 for CFD 07-1, and $2,134,402 for CFD 08-1 for fiscal year 2004/05. Projected revenues
will be sufficient to cover these amounts.
FISCAL IMP ACT: There is no impact to the General Fund. Budgeted expenditures for
maintenance of all open space CFDs for fiscal year 2004/05 total $8,232,674, excluding reserves and
current fund balances. Of that amount, the General Fund will be reimbursed up to an estimated
$1,030,316 for City staff services related to all maintenance CFDs during fiscal year 2004/05.
Attachment: Resolution 2003-309
J'lEngineerlAGENDAlA113 CFD Rates 0405.cb.doc
7~3
RESOLUTION NO. 2003-309
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHUlA VISTA AUTHORIZING THE LEVY OF SPECIAL
TAXES FOR F1SCAL YEAR 2003/2004 WITHIN
COMMUNITY FACILITIES DISTRICI'S 97-1, 97-2,97-3, 98-1,
98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 061, 07M, 08M
AT THE MAXIMUM AUTHORIZED SPECIAL TAX RATES
APPUCABLE TO EACH DISTRICf, AND DELEGATING TO
THE CITY MANAGER THE AUTHORITY TO FSTABUSH
THE SPECIFIC SPECIAL TAX RATE APPUCABLE TO EACH
PARCEL PROVIDED SUCH TAX RATE DOES NOT EXCEED
THE APPUCABlE MAXIMUM SPECIAL TAX RATE
AUTHORIZED TO BE LEVIED BY THE CITY COUNCIL
WHEREAS, the maximum Special Tax rates for Community Facilities Districts 97-1,
97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2. 061, 07M, and 08M;
authorized, pursuant to the approved rate and method of apportionment of special taxes for each
respective community facilities districts, to be levied within each such community facilities
district for Fiscal Year 2003/2004 are set forth in Exhibit A, attached hereto and incorporated
herein by reference as if set forth in full; and
WHEREAS, this City Council desires to establish the maximum Special Tax rate that
may be levied in Community Facilities Districts Nos. 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1,
99-2, 2000-1, 2001-1, 2001-2, 061, 07M, and 08M in Fiscal Year 200312004 at the rates as set
forth in Exhibit A hereto and to delegate to and designate the City Manager as the official to
pIqlare a certified list of all parcels subject to the Special Tax levy for each community facilities
district including the amount of such Special Tax to be levied on each parcel for Fiscal year
200312004 as authorized by Govemment Code Section 53340.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista,
acting as the legislative body of Community Facilities Districts Nos. 97-1, 97-2, 97-3, 98-1,
98-2,98-3,99-1,99-2,2000-1,2001-1,2001-2,061, 07M, and 08M respectively, as follows:
S3CTION 1. The foregoing recital arc true and correct.
S3CTION 2. This City Council does hereby establish the maximum Special Tax rates that may
be levied for Fiscal Year 200312004 in Community Facilities Districts Nos. 97-1, 97-2, 97-3,
98-1,98-2,98-3,99-1,99-2, 2000-1, 2001-1, 2001-2, 061, 07M, and OSM as the rates set forth in
E'.xlnöit A attach~ hereto.
S3CTION 3. Pursuant to Government Code Section 53340, this City Council hereby delegates
the authority to and designates the City Manager as the official to prepare and submit a certified
list of all parcels subject to the levy of the Special Tax within the community facilities districts to
which this resolution applies induding the amount of the Special Tax to be levied on each parcel
for FISCal Year 200312004 and to file such list with the auditor of the County of San Diego on or
before August 10, 2003 or such later date on or before August 21, 2003 with the prior written
consent of such auditor. The amount of the Special Tax to be levied on each such parcel shall be
based upon the budget for each such community facilities district as previously approved by this
City Council and shall not exceed the maximum Special Tax as set forth in Exhibit A hereto
a)plicable to the community facilities district in which such parcel being taxed is located.
7-f
Resolution 2003-309
Page 2
Presented by
Approved as to fonn by
~~~
Swanson - --;/
cering Director
~~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 2200 day of July, 2003, by the following vote:
Davis, McCann, Rindone, Salas and Padilla
AYES: Councilmernbers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
None
None
4~
ATIEST:
ß~ JC~
Donna Norris, Assistant City Clerk
STATE OF CALIFORNIA
COUNfY OF SAN DIEGO
CITY OF CHUIA VISTA
I, Donna Norris, Assistant City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2003-309 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 22nd day of July, 2003.
Executed this 22nd day of July, 2003.
,,~ AÇ~
Donna Norris, ~¡~t City Clerk
7-5
EXHIBIT A.
FY03-04 MAXIMUM RATES FOR CFDS
CFD 97-1 Otay Ranch Open Space Maintenance
FY2002-O3 FY2003-04
CateRory Maximum Maximum
Area A Residential
$0.0929/SF $0.0943/SF
$1,257.76/Acre $1,276.75/Acre
$1,422.82/Acre $1,444.30/ Acre
$0.ZI75/SF $O.2Z08/SF
$2,792.8Z/Acre $2,834.99/Acre
$3,158.15/Acre $3,205.84/Acre
Area A Non-ResídentiaJ
Area A Vacant
Area B Residential
Area B Non-Residential
Area B Vacant
CFD 97-2 Otay Ranch Preserve
Category FY 2002-03 FY 2003-04
Maximum Maximum
Area A Residential $O.OI40/SF $0.01 42/SF
Area A Non-Residential $225.93/Acre $229.34/Acre
Area A Final Map $225.93/Acre $229.34/ Acre
Area A Vacant $145.811Acre $148.02/Acre
Area B Vacant $56.35/Acre $57.20/Acre
Area C Residential N/A $0.O146/SF
Area C Non-residential N/A $Z34.8745/ Acre
Area C Final Map N/A $234.8745/Acre
Area C Vacant N/A $ 151.5885/Acre
7-b
CFD 97-3 Otay Ranch McMillin Bond Issue
FY2002-03 FY2003-04
Category Ma: :imum Maximum
Residential SO.3920/SF SO,3920/SF
Commercia] $4,OOO/Acre S4,OOO/Acre
Community Purpose: $l,OOO/Acre SI,OOO/Acre
Facility
Undeveloped $7,954/Acre $7,954/Acre
(Unrestricted)
Undeveloped $7,954/Acre $7,954/Acre
(Restricted)
Property Owner $7,954/Acre $7,954/Acre
Associarion Land
CFD 98-1 Otay Project Interim OS Maint Dist
Category FY 2002-03 FY 2003-04
Maximum Maximum
Taxable Property
$113.34/Acre
$1 15.05/Acre
CFD 98-2 Otay Project Interim OS Maint Dist
Category FY 2002-03 FY 2003-04
Maximum Maximum
Taxable Property
S52.29/Acre
$53.0807/Acre
2
--------.-
7-7
CFD 98-3 Sun bow II OS Maintenance District
Category FY 2002-03 FY 2003-04
Maximum Maximum
Residential $382.79/ EDU $388.S7ÆDU
Industrial $2983.68/ Acre $3,028.74/Acre
Commercial $3340.27/ Acre $3,390.71/Acre
Undeveloped $2287.23/Acre $2,321.77/Acre
CFD 99-1 Otay Ranch SPA I Bond Issue
Category FY2002-O3 FY2003-04
Maximum Maximum
Village I Residential $0.28/SF $0.28/SF
Village 1 Co~ercial $ 1600/Acre $1600/Acre
Village 1 Community $400/ Acre $400/Acre
Purpose Facility
Village 5 Residential $400 + $0.29/SF $400 + $0.29/SF
Village 5 Commercial $3717/Acre S3717/Acre
Village 5 Community S929/Acre S929/Acre
Purpose Facility
Vi] I West Residential $400 + SO.44/SF $400 + $O.44/SF
ViiI West Commercial $4266/Acre $4266/Acre
ViiI West Community
Purpose Facility $1066/Acre $1O66/Acre
COMBINED
Undeveloped $8864/Acre $8864/ Acre
Property Owner $8864/Acre $8864/Acre
Association
3
7-8
CFD 99-2 Otay Ranch SPA One Village 1 West
Category FY 2002-03 FY 2003-04
Maximum Maximum
Residential SO.3883/SF $O.3942/SF
Vacant $4788.75/Acre $4861.06/Acre
CFD 2000-] Sunbow n Villages 5 thru 10
Categol')' FY 2002-03 FY 2003-04
Maximum Maximum
Residential $O.44/SF $O.44/SF
Undeveloped $7851.00/Acre $7851.00/ Acre
Property Owner S7851.00/Acre S7851.00/Acre
Association
CFD 2001-1 San Miguel Ranch Bond Issue
FY2002-03 FY2003-04
Category
Area A Residential
Area A Commercial
Area A Undeveloped
Area B Residential
Area B Commercial
Area B Undeveloped
Maximum Maximum
S475IDU + $O.34/SF S475IDU + SO.34/SF
$5,09!.OO/Acre $5,O91.00/Acre
$IO,376.00/Acre $10,376.00/Acre
$4751DU + $O.32/SF $475/DU + SO.32/SF
S5,O91.00/Acre S5,091.00/Acre
S4,578.00/Acre $4,578.00/Acro
CFD 2001-2 McMillin OR Village Six Bond Issue
FY2002-03 FY2003-04
Category Maximum Maximum
Residential
Non-Residential
Undeveloped
N/A
N/A
S440/DU + SO.34/SF
$1 1,365.00/Acre
N/A
$II,365.00/Acre
4
Î-Cj
Community Facilities District No. 06-1
(Eastlake - Woods, Vistas and Land Swap - Bond Issue)
FY 2002-03 FY 2003-04
Maximum Maximum
Land Use Category
Improvement Area A Zone 1 (Vistas):
Residential N/A
Commercial N/A
Hotel Property N/A
Undeveloped N/A
SO.5800/SF
56,OOO/Acre
S6,OOO/Acre
511,O37/Acre
Improvement Area A Zone 2 (Woods):
Residential N/A
Commercial N/A
Undeveloped N/A
$O.6700/SF
$6,OOO/Acre
58,3321Acre
Improvement Area B Zone 3 (Land Swap):
Residential N/A
Commercial N/A
Undeveloped N/A
50.7400/SF
$6,000/ Acre
520,563/Acre
Improvement Area B Zone 4 (Land Swap):
Residential
N/A
$O.7400/SF
Commercial
N/A
N/A
56 ,ODD/Acre
$6,667/Acre
Undeveloped
5
7-10
----
Community Facilities District No. 07-M
(Eastlake III - Woods, Vistas and Land Swap - Open Space
Maintenance)
I IT 2002-03 I IT 2003-04
Land Use Category Max Special Tax Max Special Tax
Rate Rate
Improvement Area I:
Residential N/A SO.lll2/SF
Multi-Family N/A SO.1112/SF
Non-Residential N/A $1,451.8742/Acre
Final Map N/A $1,451.8742/Acre
Other Taxable N/A $1,451.8742/Acre
Property Assoc. Property N/A $I,451.8742/Acre
Improvement Area 2:
Residential N/A $0.O700/SF
Multi-Family N/A $O.O700/SF
Non-Residential N/A $386.7800/Acre
Final Map N/A $1,O54.95/Acre
Other Taxable N/A $1,054.9S/Acre
Property Assoc. Property N/A $1,O54.95/Acre
6
7-11
c'
Community Facilities District No. 08-M
(Village 6, McMillin Otay Ranch and Otay Ranch - Open Space
Maintenance)
I FY- 2002-03 \ IT 2003-04
Land Use Category Max Special Tax Max Special Tax
Rate Rate
Improvement Area 1:
Residential N/A $O.3639/SF
Multi-Family N/A $O.26821SF
Non-Residential N/A $2,275.23/ Acre
Final Map N/A $6,O36.39S8/Acre
Other Taxable - Residential N/A $6,036.3958/Acre
Other Taxable - Multi- N/A $5,619.4746/Acre
Family
Other Taxable - Non- N/A $2,275.2270/Acre
residential
Property Assoc. Property N/A $6,O36.3958/Acre
Improvement Area 2:
Residential N/A $0.1 871fSF
Multi-Family N/A $0.1 871/SF
Non-Residential N/A $3,874.9115/Acre
Final Map N/A $3,874.911S/Acre
Other Taxable N/A $3,874.9115/Acre
Property Assoc. Property N/A $3,874.9115fAcre
7
7-/2
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE LEVY OF
SPECIAL TAXES FOR FISCAL YEAR 2004/2005
WITHIN COMMUNITY FACILITIES DISTRICTS 97-1,
97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1,
2001-2, 06-1, 07-1, 08-1, 07M, 08M AND 09M; AND
DELEGATING TO THE CITY MANAGER THE
AUTHORITY TO ESTABLISH THE SPECIAL TAX
FOR EACH DISTRICT
WHEREAS, the maximum Special Tax rates for Community Facilities Districts,
97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-1, 07-1, 08-1, 07M,
08M and 09M; authorized, pursuant to the approved rate and method of apportionment of special
taxes for each respective community facilities districts, to be levied within each such community
facilities district for Fiscal Year 2004/2005 are set forth in Exhibits A through P, attached hereto
and incorporated herein by reference as if set forth in full; and
WHEREAS, this City Council desires to establish the maximum Special Tax rate
that may be levied in Community Facilities Districts Nos. 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-
I, 99-2, 2000-1, 2001-1, 2001-2, 06-1, 07-1, 08-1, 07M, 08M and 09M in Fiscal year 2004/2005
at the rates as set forth in Exhibits A through P hereto and to delegate to and designate the City
Manger as the official to prepare a certified list of all parcels subject to the Special Tax levy for
each community facilities district including the amount of such Special Tax to be levied on each
parcel for Fiscal Year 2004/2005 as authorized by Govemment Code Section 53340.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista, acting as the legislative body of Community Facilities Districts Nos. 97-1, 97-2, 97-3, 98-
I, 98-2, 98-3, 99-1, 99-2, 2000cl, 2001-1, 2001-2, 06-1, 07-1, 08-1, 07M, 08M and 09M
respectively, as follows:
SECTION 1.
The foregoing recitals are true and correct.
SECTION 2. This City Council does hereby establish the maximum Special Tax rates
that may be levied for Fiscal year 2004/2005 in Community Facilities Districts Nos. 97-1, 97-2,
97-3,98-1,98-2,98-3,99-1,99-2,2000-1,2001-1, 2001-2,06-1,07-1,08-1, 07M, 08M and 09M
as the rates set forth in Exhibits A through P attached hereto.
SECTION 3. Pursuant to Govemment Code Section 53340, this City Council hereby
delegates the authority to and designates the City Manager as the official to prepare and submit a
certified list of all parcels subject to the levy of the Special Tax within the community facilities
district to which this resolution applies including the amount of the Special Tax to be levied on
each parcel for Fiscal Year 2004/2005 and to file such list with the auditor of the County of San
1-/3
Diego on or before the required date or such other later date with the prior written consent of
such auditor. The amount of the Special Tax to be levied on each such parcel shall be based
upon the budget for each such community facilities district as previously approved by this City
Council and shall not exceed the maximum Special Tax as set forth in Exhibit A hereto
applicable to the community facilities district in which such parcel being taxed is located.
Presented by:
Approved as to form by:
Cl_~
Ann Moore
City Attorney
Jack Griffin
Director of General Services
nattomey\"esolTax Rates CFDs 2004
2
1-/4-
EXHIBIT A
Community Facilities District No. 97-1
(Otay Ranch Open Space Maintenance District)
Special Tax Area A:
Residential $ 0.0943/sf $ 0.0287/sf $ 0.0978/sf $ 0.0367/sf
Non-residential $ 1,276.751= $ 388.15/= $ 1,324.49/acre $ 492.78/=
Vacant $ 1,444.30/= $ 0.00/= $ 1,498.31/= $ 335.09/=
Estimated Revenue Special Tax Area A: $ 370,316
Special Tax Area B:
Residential $ 0.2208/sf $ 0.0278/sf $ 0.2291/sf $ 0.1515/sf
Non-residential $ 2,834.99/= $ 356.50/= $ 2,941.001= $ 1945.87/=
Vacant $ 3,205.84/acre $ 0.00/= $ 3,325.72/= $ 0.00/=
Estimated Revenne Special Tax Area B: $ 1,038,474
CFD 97-1, -finaÐ.ces open space maintenance fer Otay Ranch SPA One Villages One and Five,
and consists of two Special Tax Areas. Area A covers the entire district and includes
maintenance of parkWays, medians and regional trails along Telegraph Canyon Road, Otay
Lakes Road, Paseo Ranchero, La Media Road and Olympic Parkway, Telegraph and Poggi
Canyon detention basins, channels, and pedestrian bridges. Area B, which excludes the
McMillin development, maintains connector trails, slopes and perimeter walls or fences along
major streets in the district. The fiscal year 2004-05 budget for this District totals $749,055 for
Area A and $1,083,868 for AreaB.
7-/5
Community Facility District No. 97-1
July 1, 199å
Page 7
lliE!!D
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Special Tax Report
SPECIAL TAX AREAS
COMMUNITY FACILITIES DISTRICT NO. 97-1
(OPEN SPACE MAINTENANCE DISTRICT)
CITY OF CHULA VISTA. COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
I
!
- . _~=:'.L>.-
- ..-..- ... M..,
EXHIBIT B
Community Facilities District No. 97-2
(Otay Runch Preserve)
FY 2003-04 Special Tax Rates I FY 2004-05 Special Tax Rates I FY 2004-05
Land Use
Category
Maximnm
Rate
Actual
Rate
Estimated
Revenue
--Improvement Area-A:
Residential $ O.0142Jsf $ O.OO57/sf $ 0.0147/sf $ O.Oll/sf
Non-residential $ 229.34/acre $ 92.07/acre $ 237.92Jacre $ 66.60/acre
Final Map $ 229.34/acre $ O.OO/acre $ 237.921acre $ O.OO/acre
Vacant $ 148.02Jacre $ O.OO/acre $ 153.55/acre $ O.OO/acre
Estimated Revenue Improvement Area A: See Area C
Below
Improvement Area B:
Vacant
$
O.70/acre
Estimated Revenue Improvement Area B:
$
15,326
Improvement Area C:
Residential $ O.OI46/sf $ O.OO/sf $ O.O1511sf $ O.Oll/sf
Non-residential $ 234.87/acre $ O.OO/acre $ 243.66/acre $ 66.60/acre
Final Map $ 234.87/acre $ O.OO/acre $ 243.66/acre $ O.OO/acre
Vacant $ 151.59/acre $ O.OO/acre $ 157.26/acre $ O.OO/acre
Estimated Revenue Improvement Areas A and C: $ 36,033
Community Facilities District 97-2 finances the maintenance and biological monitoring of the
preserve created in the Otay Ranch area. The County of San Diego has taken the lead in
maintaining this area in cooperation with the City. No maintenance or monitoring costs were
incurred during 1998 through 2002; however, work commenced during fiscal year 2002-03.
This district was originally established with two Special Tax Areas. Area A contains Otay
Ranch SPA One Villages One and Five, Village One West, and Village Six. Area B contains the
remainder of the original district. During fiscal year 2002-03, Area C was created and contains
Village Eleven (Brookfield Shea). The fiscal year 2004-05 budget for this District totals
$252,106. '
7-/7
Community Facilities District No. 97-2
July 1,1998 .
Page 7
-..j
I
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IMPnOVEMENT MŒAS MAP
COMMUNITY FACILITIES DISTRICT NO.
(PRESERVE MAINTENANCE DISTRICT)
CITY or CIIULA VISTA, COUNTY or SAN OIEGO
STATE or cALIronNIA
97-2
m-,"-"
"'-",-"
'COMMUNII' ,.elll1/[5-'/'
UISII/lel "OUNOMIY
Special Tax Report
m.'~-"
,..'.M ~"'"..
EXHIBIT C
Community Facilities District No. 97-3
(Otay Ranch McMillin - Bond Issue)
FY 2003-04 Special Tax Rates I FY 2004-05 Special Tax Rates! FY 2004-05
Land Use Category Maximum Actnal Maximnm Projected Estimated
Rate Rate Rate Rate Revenue
Residential $ O.3920/sf $ O.3345/sf $ O.3920/sf $ O.3413/sf
Commercial $ 4,OOO/acre $ 3,413.26/acre $ 4,OOO/acre $ 3,482.65/ac
Community Purpose $ 1,0OO/acre $ 853.32/acre $ I,OOO/acre $ 870.66/acre
Facility
Undeveloped $ 7,954/acre $ O.OO/acre $ 7,954/acre $ O.OO/acre
Property Owner $ 7,954/acre $ O.OO/acre $ 7,954/acre $ O.OO/acre
Association Property
Estimated Revenue: $ 872,559
CFD 97-3 was formed for the purpose of acquiring and financing public facilities improvements,
sUch as portions of La Media Road and East Palomar Street, in Otay Ranch McMillin SPA One.
Fiscal year 2004-05 administrative costs for CFD 97-3 are set at or less than $75,000.00 (as
given in the bond indenture), and scheduled debt service on the bonds to be paid :!Ì'om the fiscal
year 2004-05 levy is $857,852.
7-/9
. ...
-
- McMillin I Olav Ranch
- CFD No. 97-3
i_PLANNING AREA MAP
.
.
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7-20
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EXHIBIT D
FY 2003-04 Special Tax Rates I FY 2004-05 Special Tax Rates I FY 2004-05
Land Use Maximum Actual Maximum Projected Estimated
Category Rate Rate Rate Rate Revenue
Taxable $ 115.05/acre $ 68.79/acre $ 119.36/acre $ 4.74/acre
Property
Estimated Revenue: $ 4,070
Community Facilities District No. 98-1
(Otay Project Interim Open Space Maintenance District)
Community Facilities District No. 98-2
(Otay Project McMIllin Interim Open Space Maintenance District)
FY 2003-04 Special Tax Rates I FY 2004-05 Special Tax Rates I FY 2004-05
Land Use Maximum Actual Maximum Projected Estimated
Category Rate Rate Rate Rate Revenue
Taxable $ 53.08/acre $ O.OO/acre $ 55.07/acre $ O.oo/acre
Property
Estimated Revenue: $ 0.00
CFDs 98-1 and 98-2 were created as interim districts because the areas ofOtay Ranch included
in these districts were not developed and the density of development was not yet known at the
time that these districts were established. These districts were formed to provide a guarantee for
the financing of a portion of the cost of the maintenance of portions of the parkways and medians
along Telegraph Canyon Road, Pasco Ranchero, and Olympic Parkway. They also include the
Telegraph and Poggi Canyon detention basins and channels allocable to the properties within
these districts.
As verified by the City's Special District Counsel, properties located within the area ofCFD 98-
I but not included within CFD 99-2 will only be taxed for landscaped areas :!Ì'om the centerline
of Olympic Parkway south to the District boundary. The fiscal year 2004-05 budget for this
District totals $57,180.
None of the improvements in CFD 98-2 are expected to be turned over to the City in fiscal year
2004-05 and therefore no special taxes will be levied within this district in fiscal year 2004-05.
A portion of CFD 98-2 has been taken over by a new permanent maintenance district, CFD 08-
M, with the remainder of the district still covered by CFD 98-2.
7-2-1
Community Facility District No. 98-1
July 1, 1998
Page 2
Special Tax Report
rnorOSED OOUNDAny MAr
COMMUNITY FACILITIES DISTRICT NO. 98-1
INTERIM OPEN SPACE MAINTENANCE DISTRICT
(OTAY PROJECT, LLC-OVP-SPA ONE, VILLAGES 1 WEST, 2 WEST, AND PORTIONS OF VILLAGES 2,6, 7, & PLANNING AREA 12)
11m) ON IIlf OHlCf or IIlf my ':iWI( <N. 110" ClOY
or CIIULA ~SJA. IIIIS - DAY or -' IYc.
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ON 'HC - DAY or . '99_.
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CITY OF CIIULA VISTA. COUNTY OF SAN DIEGO
STAlE OF CALlFOfINIA
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DISTRICT BaaNDARY
".'M ~
Community Facility District No. 98-2
July 1,1998
. Page 2
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Special Tax Report
PROPOSED BOUNOARY MAP
COMMUNITY FACILITIES DISTRICT NO. 98-2
INTERIM OPEN SPACE MAINTENANCE DISTRICT
(OTAY PROJECT, LLC-OVP-SPA ONE. VILLAGES 6 & 7)
CITY or CHULA VISTA. COUNTY or SAN DIEOO
STATE OF CALIFORNIA
"
..........
"'. ......
EXHIBIT E
Community Facilities District No. 98-3
(Sunbow II Open Space Maintenance District No. 35)
FY 2003-04 Special Tax Rates I FY 2004-05 Special Tax Rates i FY 2004-05
Land Use Maximum Actual Maximum Projected Estimated
Category Rate Rate Rate Rate Revenue
Residential $ 388.57/EDU $ 252.48ÆDU $ 4O3.IOÆDU $ 1.5 8ÆD U
Industrial $ 3,O28.74/acre $ 1,967.981acre $3,142.01/acre $ 12.32/acre
Commercial $ 3,390.711acre $ 2,203.26/acre $3,517.52/acre $ 13.79/acre
Undeveloped $ 2,321.77/acre $ O.OO/acre $2,408.60/acre $ O.OO/acre
Estimated Revenue: $ 3,114
Community Facilities District 98-3 finances open space maintenance in the Sunbow II
development. This includes maintenance of street medians, parkways, slopes, drainage channels
and basins, and biological monitoring of native and re-vegetated open space. A total budget of
$823,876.00 was projected for fiscal year 2004-05 for this district.
7-2-4.
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7-25
EXHIBIT F
Community Facilities District No. 99-1
(Otay Ranch SPA I-Bond Issue)
Zone A (Village 1):
Residential $ 0.28/sf $ 0.28/sf $ 0.28/sf $ 0.28/sf
Commercial $ 1,600/acre $ 1,600/acre $ 1,600/acre $ 1,600/acre
Community
Purpose $ 400/acre $ 400/acre $ 400/acre $ 400/ acre
Facility
Estimated Revenue Zone A: $ 980,519
Zone B (Village 5):
Residential $400/DU + 0.29/sf $4O0/DU + 0.29/sf $4OO/DU + 029/sf $400/DU + 0.29/sf
Commercial $ 3,717/acre $ 3,717/acre $ 3,717/acre $ 3,717/acre
Community
Purpose $ 929/acre $ 929/acre $ 929/acre $ 929/acre
Facility
Estimated Revenue Zone B: $ 989,486
Zone C (Village 1 West):
Residential $4OO/DU + O.44/sf $4O0/DU + 0.44/sf $4OO/DU + O.44/sf $4OO/DU + O.44/sf
Commercial $ 4,266/acre $ 4,266/acre $ 4,266/acre $ 4,266/acre
Community
Purpose $ 1,066/acre $ 1,066/acre $ 1,066/acre $ 1,066/acre
Facility
Estimated Revenue Zone C: $1,299.237
Entire District:
Undeveloped $ 8,864/acre $ 2,193.62/acre $ 8,864/acre $ 1,195.68/acre
Property
Owner $ 8,864/acre $ O.oo/acre $ 8,864/acre $ O.oo/acre
Association
Property
Estimated Revenue - Entire District: $3,347,449
7-U
EXHIBIT F
Community Facilities District No. 99-1
(Otay Ranch SPA I -Bond Issue)
CFD 99-1 finances public improvements in a portion of Otay Ranch Village I, Village 5 and
Village I W.est~The-main-public facilities included are Olympic Parkway Phases I and 2, Paseo
Ranchero Phase 2, and East Palomar Street. For CFD 99-1, administrative costs of $75,000.00
(as given in the bond indenture) and scheduled debt service on the bonds of $3,296,674 are
anticipated during fiscal year 2004-05.
7-27
AMENDED BOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. 99-1
, (OT;AY RANCH SPA ONE -/
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST! , /ø.:.~,'
FUTURE ANNEXATION AREAS. -,.,,- <,}i2!c (',
CITY OF CHULA VISTA. COUNTY OF SAN DIEGO ,,/ Œ- " S:;)rZ~..\
ST A TE OF CALIFORNIA , ' ~t¡( ,\;;<~ 17!:-<~.
, />... . "-". ,j, HOI
1~""[HO£D'"",,",""""'"[HO".'OUND""""'rORC<""",,IYr"'JI'" /\.. .., ,
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1. 641- 030-09 ' .';' / ¡/.' PAR< .
2. 641-030-10 ~:"v / /'.. .'.'.,.,
3. 641-030-0.3 , ,...;', ..,' \j if /íi.....'...~~;.':'..' ,¿::; -:::. '::
.4.641..060-02 ..;/:. ~.,l"~ r "'/'..,,, "i.'./c'.~ì
" 5. 641--060-03 .../'..' .' / \\/ ... ,... ..'" \"':> c,'V
~. ~41--06()-07 (POI<TIO".,N,,). <I~ Ø,/~/. " ,...f."..,.." ,...I;,/\~.,i)....,.J~,. ", ~,."..,:ß..f ',; ,,'í'\j\'y'yt-:
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a,y", "'...'"
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, ""'" C'"", "'" II. PH"'[",Y lOC"'" 'HI"" II.
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"""'U,"IY """TIE' "Sill'" HO. "-'. "' aIY ..
CIIU", .5". C"""IY or "H .[co. "'" or "'""""',
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P"'CEI. UN[
HOT A P"'I
MCGILL MARTIN SELF', ¡NC.
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JUNE 1999
REVISED AUG 31, 1999
EXHIBIT G
Community Facilities District No. 99-2
(Otay Ranch SPA 1, Village 1 West Open Space Maintenance)
FY 2003-04 Special Tax Rates I FY 2004-05 Special Tax Rates ! FY 2004-05
Land Use Maximum Rate Actual Maximum Rate Projected Estimated
Category Rate Rate Revenue
Residential $ 0.3942/8f $ 0.2 I 25/8f $ 0.4089/8f $ 0.0 I 74/8f
Undeveloped $ 4,861.06/acre $ O.OO/acre $ 5,O42.86/acre $ O.OO/acre
Estimated Revenue: $ 40,349
As verified by the City's Special District Counsel, property owners within the area ofCFD 98-1
not included within CFD 99-2 will only be taxed for landscaped areas :!Ì'om the centerline of
Olympic Parkway south to the District boundary.
CFD 99-2 has taken over the financing of that portion of costs of maintenance allocable to the
property within CFD 98-1 from the centerline of Olympic Parkway north to Telegraph Canyon
Road. A total budget of $633,633 is projected for fiscal year 2004-05.
7 -2.'1
5)¿U¡W A
. BOUNDARY MAP .
COMMUNITY FACILITIES DISTRICT NO. 99-2
(OTAY RANCH SPA ONE-VILLAGE ONE WEST)
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
~"\,::~~.~~~~N.~..-~ :..,
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(VILLAGE
----
ASSESSOR'S PARCEL NUMBERS FOR
COMMUNITY FACILITIES DISTRICT
NO, 99-211)(2.)
641-030-03
6-41-030-04
641-030-09
641-030-10
641-030-15
641-071-01 THROUGH 641-071-09
641-071-10 (PORTION)
641-071-11
641-071-12
642-073-12 (PORTION)
642-073-35 (PORTION)
I) ~~'rJ'l'~ /I 1fiJ'1l< fb¡>.
Z)~~~ßI~¡~fP""""1O tW,
WEST)
f
McGILL MARTIN SELF. INC.
c,." ....,1_."'", La". "."nln, Su~"'n,
c"""""'" "'wI....." Pub". "',Ie. FI".~. c~"". {'_,.....n'
N.^,.
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. BOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. 99-2
(OTAY RANCH SPA ONE-VILLAGE ONE WEST)
FM.D> ~ nOE omc£.Of nOE a:1~:~ OF m[ OIT OF
aMA .SfA 'UJé'>AY OF . """
In ~. ,B't~
OITCf"alUlA.'" .
ITA" OF """""'A
FUTURE ANNEXATION AREAS
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
FUTURE
ANNEXATION PARCELS(I)(2)
1. 641-060-02
2. 641-060-03
3. 641-060-07 (PORTION)
N.A.P.
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EXHIBIT H
FY 2003-04 Special Tax Rates I FY 2004-05 Special Tax Rates I FY 2004-05
Land Use Category Maximum Actual Maximum Projected Estimated
Rate Rate Rate Rate Revenue
Residential $ O.44oo/sf $ O.3917/sf $ O.4400/sf $ O.2926/sf
Undeveloped $ 7,851/acre $ o.oO/acre $ 7,851/acre $ O.OO/acre
Property Owner $ 7,851/acre $ O.oo/acre $ 7,851/acre $ O.OO/acre
Association Property
Estimated Revenue: $ 444,053
Community Facilities District No. 2000-1
(Sunbow II Villages 5 through 10 - Bond Issue)
CFD 2000-1 finances various public facilities serving the Sunbow II development such as
Telegraph Canyon Road, Medical Center Road and East Palomar Street. For CFD 2000-1,
administrative costs for fiscal year 2004-05 are projected to be $50,000.00 (as given in the bond
indenture) and scheduled debt service on the bonds is $562,710.
7-32.
BOUNDARY MAP .
COMMUNITY FACILITIES DISTRICT NO. 2000-1
. (SUN BOW II - VILLAGES 5-10)
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO
. STATE OF CALIFORNIA
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ASSESSOR'S PARCEL NUMBERS FOI
COMMUNITY FACILITIES DISTRICT
NO. 2000-1
641-020-19
641-060-07
641-122-06
644-011-03
644-011-04
644-020-01
(PORTION) (1)
(PORTION) (1)
(PORTION) (1)
(PORTION) (1)
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EXHIBIT I
Community Facilities District No. 2001-1
(San Miguel Ranch - Bond Issue)
Improvement Area A:
Residential $475/DU + 0.34/sf $475/DU + 0.34/sf $475/DU + 0.34/sf $475/DU + 0.34/sf
Commercial $ 5,091/acre $ 5,091/acre $ 5,091/acre $ 5,O91/acre
Undeveloped $ 1O,376/acre $ 4,322.50/acre $ 1O,376/acre $ 3, I 86.38/acre
Estimated Revenue Improvement Area A: $1,098,294
Improvement Area B:
Residential $475/DU + O.321sf $o.OO/DU + O.OO/sf $475/DU + O.321sf $O.OO/DU + O.OO/sf
Commercial $ 2,263/acre $ O.oo/acre $ 2,263/acre $ O.OO/acre
Undeveloped $ 4,578/acre $ O.OO/acre $ 4,578/acre $ O.oo/acre
Estimated Revenue Improvement Area B: $ 0.00
CFD 2001-1 is divided by SR-125 into two separate improvement areas, Improvement Area A
(east of SR-I25) and Improvement Area B (west of SR-125) and finances various public
facilities serving the San Miguel Ranch development such as Mount Miguel Road (East/West),
Proctor Valley Road (East/West), Calle La Marina, Pasco Vera Cruz, Calle La Quinta and
certain SR-125 interim transportation facilities. For CFD 2001-1 Improvement Area A,
administrative costs for fiscal year 2004-05 are projected to be $75,000.00 (as given in the bnnd
indenture) and scheduled debt service on the Improvement Area A bonds is $1,034,920. No
building permits or bonds have been issued for Improvement Area B, as such, there is no levy
requirement for fiscal year 2004-05.
7-3lf
BOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. 2001-1
(SAN MIGUEL RANCH) .
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
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ASSESSOR'S PARCEl NUMBERS FOR
COMMUNITY FACILITIES DISTRICT
NO. 2001-1 .
585-111-03-
585-131':'10
585-130":24
595-010-05-
595-010-07
595-010-13-
595-010-14-
595-030-27
595-030-28
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EXHIBIT J
Community Facilities District No. 2001-2
(McMillin Otay Ranch, Village 6 - Bond Issue)
FY 2003-04 Special Tax Rates I FY 2004-05 Special Tax Rates I FY
! 2004-05
I
Land Use Maximum Actual Maximum Projected Estimated
Category Rate Rate Rate Rate Revenue
Residential $44O/DU + 0.34/sf $ 44O/DU + O.341sf $44O/DU + O.34/sf $440/DU + 0.34/sf
Non- $ 11,365/acre $ 11,365/acre $ 11,365/acre $ 11,3~5/acre
residential
Undeveloped $ 11,365/acre $ 7,515.10/acre $ 11,365/acre $ 8,158.05/acre
Estimated Revenue: $725,754
CFD 2001-2 is located within Otay Ranch Village Six and finances the backbone streets and
associated improvements (Le. grading, sewer, streets, landscaping, utilities, etc, public facilities
improvements and interim transportation facilities. The main facilities include Olympic
Parkway, La Media Road, Birch Parkway, La Media Bridge, east Olympic Parkway Bridge and a
Neighborhood Park. For CFD 2001-2, administration costs for fiscal year 2004-05 are projected
to be $75,000.00 (as given in the bond indenture) and scheduled debt service on the bonds is
$707,750.50.
7-36
, BOUNDARY MAP
COMMUNITY FACILITIES DISTRICT NO. 2001-2
(McMILLIN OTAY RANCH VILLAGE SIX)
LE(¡(HD
ASSESSOR'S PARCEL NUMBERS FOR
COMMUNITY FACILITIES DISTRICT
NO. 2001-2
643-052-01 '
643-052-02
643-052-05
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EXHIBIT K
Community Facilities District No. 06-1
(EastLalœ Woods, Vistas, and Land Swap - Bond Issue)
Improvement Area A (Zone 1- Vistas):
Residential $ 0.5800/sf $ 0.5800/sf $ 0.5800/sf $ 0.5800/sf
Commercial $ 6,OOO.00/acre $ 6,OOO.00/acre $ 6,OOO.00/acre $ 6,OOO.00/acre
Hotel Property $ 6,OOO.OO/acre $ 6,OOO.OO/acre $ 6,OOO.OO/acre $ 6,OOO.00/acre
Undeveloped $ 11,037.00/acre $ 8,005.22/acre $ 1,037.00/acre $ 3,764.72/acre
Improvement Area A (Zone 2 - Woods):
Residential $ 0.6700/sf $ 0.6700/sf $ 0.6700/sf $ 0.6700/sf
Commercial $ 6,OOO.OO/acre $ 6,OOO.OO/acre $ 6,OOO.OO/acre $ 6,OOO.OO/acre
Undeveloped $ 8,332.00/acre $ 6,O43.261acre $ 8,332.00/acre $ 2,842.06/acre
Estimated Revenue Improvement Area A (Zones 1 and 2): $ 2,676,804
Improvement Area B (Zone 3 - Land Swap):
Residential $ 0.7400/sf N/A $ 0.7400/sf $ 0.7400/sf
Commercial $ 6,OOO.OO/acre N/A $ 6,OOO.OO/acre $ 6,OOO.OO/acre
Undeveloped $ 20,563.00/acre N/A $20,563.00/acre $ 8,571.10/acre
Improvement Area B (Zone 4 - Land Swap):
Residential $ 0.7400/sf N/A $ 0.7400/sf $ 0.7400/sf
Commercial $ 6,OOO.00/acre N/A $ 6,000.00/acre $ 6,OOO.00/acre
Undeveloped $20,563.00/acre N/A $ 6,667.00/acre $ 2, 778.98/acre
Estimated Revenue Improvement Area B (Zones 3 and Zone 4): $ 559,118
7-38
EXHIBIT K
Community Facilities District No. 06-1
(EastLake Woods, Vistas, and Land Swap - Bond Issue)
CFD 061 finances the backbone streets and associated improvements (i.e. grading, sewer, streets,
landscaping, utilities, etc.), public facilities DIF Improvements, Traffic Enhancement Facilities.
The facilities incluâe~:-o1ympic Parkway, W. Olympic Parkway, Otay Lakes Road, EastLake
Parkway, Hunte Parkway, Proctor Valley Road Telegraph Canyon Road and traffic signals.
CFD 061 is divided into two separate areas, Improvement Area A and Improvement Area B.
Improvement Area A is divided into two zones - Zone I (Vistas) and Zone 2 (Woods).
Improvement Area B (the "Land Swap") is two non-adjacent areas; I) is the northernmost area
being a triangular shape west of EastLake Parkway bound by Otay Lakes Road to the north, and
2) the southernmost area bound to the south by Olympic Parkway with EastLake Parkway
projecting north just west of the center of the area. For CFD 061 Improvement Area A,
administration costs for fiscal year 2004-05 are projected to be $75,000.00 (as set forth in the
bond indenture) and scheduled debt service on the bonds is $2,835,142. Bonds have been issued
for Improvement Area B. The administration costs are projected to be $75,000.00 (as given in
the bond indenture) and scheduled debt service on the bonds for Improvement Area B is
$559,117.50.
7-31
13k.3(' P6 i{O
. AMENDED BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 06-I
"EASTLAKE - WOODS, VISTAS AND LAND SWAP"
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
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ASSESSOR'S PARCEL NUMBERS FOR
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NO. 06-1
VISTAS (ZONE 1)
64.3-040-014
WOODS ~ZONE 2)
595-0 0-017
595-080-031
. 595-080-032
595-080-034 (PORTION) (1)
595-090-001
LAND SWAP
595-070~049
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EXHIBIT L
Community Facilities District No. 07-M
(East Lake ill - Woods, Vistas, and Land Swap - Open Space Maintenance)
Improvement Area 1:
Residential $ O.ll12/sf $ O.ll12/sf $ 0.1154/sf $ 0.1154/sf
Multi-family $ O.ll12/sf $ 0.1112/sf $ 0.1154/sf $ 0.1154/sf
Non-residential $ 1,451.87/acre $ 1,451.87/acre $ 1,5O6.17/acre $1,506.17/acre
Final Map $ 1,451.87/acre $ 1,451.87/acre $ 1,506.17/acre $1,506.17/acre
Other taxable $ 1,451.87/acre $ 1,156.03/acre $ 1,506.17/acre $ 194.82/acre
Property Assoc. $ 1,451.87/acre $ O.OO/acre $ 1,5O6.17/acre $ O.oo/acre
Property
Estimated Revenue Area 1: $ 291,395
Improvement Area 2:
Residential $ O.O728/sf $ 0.0728/sf $ 0.0755/sf $ 0.0755/sf
Multi-family $ O.0728/sf $ 0.0728/sf $ 0.0755/sf $ O.O755/sf
Non-residential $ 4O2.10/acre $ 402.10/acre $ 417.13/acre $ 417.13/acre
Final Map $ 1,O96.73/acre $ 1,O96.73/acre $ 1,137.74/acre $1,137.74/acre
Other taxable $ 1,()96.73/acre $ 898.27/acre $ I , 13 7.14Iacre $ 33.45/acre
Property Assoc. $ 1,O96.73/acre $ O.OO/acre $ 1,137.74/acre $ O.oo/acre
Property
Estimated Revenue Area 2: $59,778
Community Facilities District 07M funds the perpetual operation and maintenance of slopes,
medians, and parkways and storm water treatment facilities associated with Eastlake III - Woods and
Vistas and Land Swap Parcel (south parcel only). The boundaries of the district consists of two
improvement areas - Improvement Area No. I (located north and south of Otay Lakes Road with
Hunte Parkway forming the eastern border north of Otay Lakes Road and Wueste Road forming the
western border south of Otay Lakes Road) and Improvement Area No.2 (Land Swap - generally
located north of Olympic Parkway west of the future SR 125 and east of the SDG & E easement).
The budgets for fiscal year 2004-05 are estimated to be approximately $353,246 for Improvement
Area No. I and $76,547 for Improvement Area No.2.
7-LfI
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BOUNDARY MAP OF PROPOSED
COMMUNITY FACILITIES .DISTRICT NO. 07M
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BOUNDARY MAP OF PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 07M
CITY OF CIIUI.^ VISTA
COUIITY OF SAN DIEGO
STATE OF CALIFORNIA'
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AREA NO: 2
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EXHIBIT M
Community Facilities District No. 08-M
(McMillin Otay Ranch and Gtay Ranch Village 6 - Open Space Maintenance)
Improvement Area 1:
Residential $ 0.3639/sf $ 0.3639/sf $ 0.3775/sf $ 0.3775/sf
Multi-family $ 0.2682/sf $ 0.2682/sf $ 0.2782/sf $ 0.2782/sf
Non-residential $ 2,275.23/acre $ 2,275.23/acre $ 2,360.32/acre $ 2,360.32/acre
F inaI Map $ 6,036.40/acre $ 6,036.40/acre $ 6,262.16/acre $ 6,262.16/acre
Other taxable $ 6,036.4O/acre $ 5,545.92/acre $ 6,262.16/acre $ 60.00/acre
residential
Other taxable - $ 5,619.47/acre $ 5,162.87/acre $ 5,829.64/acre $ 55.86/acre
multi-family
Other taxable - $ 2,275.23/acre $ 2,O90.36/acre $ 2,360.32/acre $ 6.02/acre
non-residential
Property Assoc. $ 6,036.4O/acre $ O.OO/acre $ 6,262.16/acre $ O.OO/acre
Property
Estimated Revenue Area 1: $ 228,266
.
Improvement Area 2:
Residential $ 0.1871/sf $ 0.1871/sf $ 0.1941/sf $ 0.1941/sf
MtI1ti-family $ 0.1871/sf $ O.1871lsf $ O.I94llsf $ O.1941/sf
Non-residential $ 3,874.91/acre $ 3,874.91/acre $ 4,019.83/acre $ 4,019.83/acre
Final Map $ 3,874.91/acre $ 3,874.91/acre $ 4,019.83/acre $ 3,215.86/acre
Other taxable $ 3,874.91/acre $ 3,457.90/acre $ 4,019.83/acre $ O.OO/acre
Property Assoc. $ 3,874.91/acre $ O.OO/acre $ 4,019.83/acre $ O.OO/acre
Property
Estimated Revenue Area 2: $ 93,249
7-W
EXHIBIT M
Community Facilities District No. 08-M
(McMillin Otay Ranch and Otay Ranch Village 6 - Open Space Maintenance)
Community Facilities District 08M finances the perpetual operation and maintenance of slopes,
medians, parkways, trails, perimeter walls, perimeter fencing and storm water treatment facilities
associated with Village 6, McMillin Otay Ranch and Otay Ranch Company. Improvement Area
No.. I is located north of Birch RUlli!, ",,"th nfOtympic-P~SR 125 (a.1iJture road),
and east of La Media Road. Improvement Area No.2 is generally located in two areas. The first
area is located east of La Media Road, north of Birch Road, west of Magdalena Avenue, west of
properties located on Trail Wood Drive, and south of Santa Venetia Street. The second area is
located south of Olympic Parkway, east of the properties located on Oak Point Drive, north of
Santa Venetia Street, north of Magdalena Avenue, and north of East Palomar Street. The
budgets for fiscal year 2004-05 are estimated to be approximately $421,584 for Improvement
Area No. I and $265,376 for Improvement Area No.2. Turnover of maintenance is anticipated
in March 2005.
7-4S
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MuniFinancjal
PagcA-2
C;tyofClJ//1a Vúta
rnm"..",;'" !'"eilif;" D¡'ttÙt No, ORAl
FY 2003-04 FY 2004-05 FY
Special Tax Rates Special Tax Ratcs 2004-05
Density
Residential Oto8 N/A NIÆ $ 1,675/DU $ 1,675fÐB
Residential >8 to N/A N/A $ 1,340/DU $ 1,340/DU
20
Residential >20 N/A N/A $ I,OO5/DU $ I,OO5/DU
Non-Residential N/A N/A N/A $ 6,OOO/ac $ 6,OOO/ac
Zone A- N/A N/A $ 13,955/ac $ 13,955/ac
Approved Property
ZoneB- N/A N/A $ 24,218/ac $ 24,218/ac
Approved Property
Zone A-
Undeveloped N/A N/A $ 13,955/ac $ 5,860/ac
Property
ZoneB-
Undeveloped N/A N/A $ 24,2l8/ac $ 10,170/ac
Property
Zone A-
Provisional N/A N/A $ 13,955/ac $ O.OO/ac
Undeveloped
Zone B -
Provisional N/A N/A $ 24,218/ac $ O.OO/ac
Undeveloped
Estimated Revenue: $ 1,019,145
Land Use
Category
EXHIBIT N
Community Facilities District No. 071
(Otay Ranch - Village Eleven - Bond Issue)
Maximum
Rate
Actual
Rate
Maximum
Rate
Projected
Rate
Estimated
Revenue
Community Facilities District 071 finances the acquisition or construction of certain public
facilities (i,e. grading, landscaping, streets, utilities, drainage, sewer, etc.) serving the Brookfield
Shea Otay project, as well as, selected "Traffic Enhancement" facilities within the greater eastern
territories of Chula Vista. The Brookfield Shea Otay project is bounded on the south and east by
Hunte Parkway, a curving arterial from south to northeast. The north edge is formed by Olympic
Parkway and to the west is the extension of Eastlake Parkway. The administrative costs for CFD
071 are projected to be $75,000 (as given in the bond indenture) and scheduled debt service on
the bonds is $1,532,244.
7-'+ 7
BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 07-I
"BROOKFIELD SHEA OTAY VILLAGE ELEVEN"
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
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ASSESSOR'S PARCEL NUMBERS FOR
COMMUNITY FACILITIES DISTRICT
NO. 07-[
643-070-07
643-070-09
THIS PORTION (&S':J) IS
NOT INTENDED TO BE
INCLUIDED IN THE fiNAL
BOUNDARY OF THE
DISTRICT.
MCGILL MARTIN SELF. INC.
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EXHIBIT 0
Community Facilities District No. 081
(Otay Ranch Village Six)
FY 2003-04 FY 2004-05 FY 2004-05
Special Tax Rates Special Tax Rates
Land Use Category Maximum Actual Maximum Projected Estimated
Rate Rate Rate Rate Revenue
Residential N/A N/A $ 800IDU + $ 800IDU +
$O.35/sf $O.35/sf
Non-Residential N/A N/A $ 6,000/acre $ 6,000/acre
Zone A- N/A N/A $ 16,858/acre $IO,552/acre
Undeveloped
Zone B N/A N/A $ 26,445/acre $16,552/acre
Undeveloped
Zone A-
Provisional N/A N/A $ 16,868/acre $ O.OO/acre
Undeveloped
ZoneB-
Provisional N/A N/A $ 26,445/acre $ O.OO/acre
Undeveloped
Estimated Revenue: $ 1,566,223
Community Facilities District 081 finances the construction of backbone streets and associated
improvements (i.e. grading, sewer, streets, landscaping, utilities, etc), public facilities, DIF
improvements and Traffic Enhancement Facilities within Otay Ranch Village Six. This District
is divided into Zone A and Zone B. The administrative costs for CFD 081 are projected to be
$75,000 (as given in the bond indenture) and scheduled debt service on the bonds is
$1,546,268.76.
7-49
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BOUNDARIES OF
COMMUNITY FACILITIES DISTRICT NO. 08-I
"OTAY RANCH VILLAGE SIX"
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CITY OF CHULA VISTA, COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
ZONE A
BIRCH ROAO
ASSESSOR'S PARCEL NUMBERS FOR
COMMUNITY FACILITIES OISTRICT
NO. 08-1 .
643-051-01 PORTION (1)
643-051-02 lhru 06
643-052-03
643-052-04
(1) EXCLUDES THAT PROPERTY
SHOWN AS "REMAINDER PARCEL" ON
PARCEL MAP 14446, RECORDED ON
SEPTEMBER 18, 2002, CERTIFICA1E
NO. 2002-798830 FOR TRACT NO.
02-05 OTAY RANCH VILLAGE 6.
GTAY RANCH
VILLAGE SIX
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McGILL MARTIN SELF, INC.
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EXHIBIT P
Community Facilities District No. 09M
(Otay Ranch Village 11 - Brookfield Shea)
Developed:
Residential Oto 8 N/A N/A $ 487.87/DU $ 487.87/DU
Residential >8 to 20 N/A N/A $ 390.29/DU $ 390.29/DU
Residential Greater N/A N/A $ 292.71/DU $ 292.71/DU
than 20
Non-Residential N/A N/A N/A $1,873.4l1ac $1,873.411ac
Undeveloped:
Approved
Property
Undeveloped
Property
Taxable
Property Owner
Association
Property
N/A
N/A
$1.873.411ac $1.873.41/ac
N/A
N/A
$1,873.4l1ac $I,873.411ac
N/A
N/A
$1,873.4l/ac $
O.OO/ac
Estimated Revenue: $ 491,000
Community Facilities District 09M finances the perpetual operation and maintenance of slopes,
medians, parkways-; trails, perimeter walls, perimeter fenciBg and storm water treatment facilities
associated with Village II, Brookfield Shea Otay. The initial budget is estimated to be $65,272.
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PageA-2
CiryofChula V z5ta
CommunîryFacilitù1sDistrictNo. 09M
Î-62.
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 8/03/04
Resolution 2004- of the City Council of the City of Chula Vista
deleting one Engineering Technician II position and adding one
Administrative Analyst II position.
SUBMITTED BY: Director of General service~
REVIEWED BY: CitYManage~( (4/5thsVote:Yes_No~
The nature of the work currently performed by the Engineering Technician within the Special
Tax Districts Section of the General Services Department has evolved such that the Technician
now performs work of a predominantly fiscal and analytical nature. These tasks and duties are
more appropriately performed by an Administrative Analyst.
ITEM TITLE:
RECOMMENDATION: Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
The duties and responsibilities associated with assessment district formation, fiscal management
of community facility districts, budgeting of open space districts and other related functions
within the General Services Department's Special Tax Districts Section have evolved over time.
These functions are predominately of a fiscal nature and do not fit within the typical
responsibilities of an Engineering Technician, nor take advantage of the skills that technicians
possess. In addition to the current tasks performed by the section, the Engineering Division
anticipates phasing over additional special tax district administration duties to the section in the
coming year. These responsibilities encompass the stage between formation of new community
facility districts, and the actual levying of tax upon the districts. This new function is indicative
of the section's turn toward a more fiscal and administrative role within the Division.
Due to the fiscal tracking and analytical nature of both the present and anticipated work, an
Administrative Analyst would more appropriately staff this position.
The position to be re-c1assified is currently vacant, and therefore presents an opportunity to make
this necessary change with minimal negative impact to the section.
FISCAL IMPACT:
Assuming a start date of September 3, 2004, the total impact to the General Fund would be
$1,488 in Fiscal Year 2005, with an ongoing additional cost of $2,232. The Department will
absorb the increased costs through salary savings resulting in no impact to the General Fund.
¡:IGeneral ServieeslGS AdministrationlCouneil AgendalTeeh II ReclasslTeeh II Reelass Agenda Statementdoc
8-1
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DELETING ONE ENGINEERING TECHNICIAN II POSITION
AND ADDING ONE ADMINISTRATIVE ANALYST II POSITION
WHEREAS, the nature of the work currently performed by the Engineering Technician
within the Special Tax Districts Section of the General Services Department has evolved so that
the Engineering Technician now performs work of a predominately fiscal and analytical nature;
and
WHEREAS, due to the fiscal tracking and analytical nature of both the present and
anticipated work, an Administrative Analyst would be more appropriate to staff this position; and
WHEREAS, the position to be re-classified is currently vacant, and therefore presents an
opportunity to make this necessary change with minimal negative impact to the section.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Chula
Vista does hereby delete one Engineering Technician II position and add one Administrative
Analyst II position.
Presented by
Approved as to form by
~~~~\À
Ann Moore
City Attorney
Jack Griffin
Director of General Services
)oAttomey/Reso/classificationiAdmin Analyst II
9-2
COUNCIL AGENDA STATEMENT
ItemÍ-
Meeting Date 8/3/04
ITEM TITLE:
Resolution Approving the Final Map of Chula Vista Tract
No. 99-04, San Miguel Ranch, Phase III "A" Map No.1; and approving
the associated Subdivision Improvement Agreement for the completion
of improvements; approving a Supplemental Subdivision Improvement
Agreement for Chula Vista Tract No. 99-04, San Miguel Ranch, Phase
III "A" Map No. I; approving the San Miguel Ranch Phase 3 Basin
Maintenance, Grading Mitigation, and Erosion, Sedimemtation and'
NPDES Compliance Agreement
Resolution Approving the Grant of Easements and
Maintenance Agreements for Chula Vista Tract No. 99-04, San Miguel
Ranch, Phase III "A" Map No.1.
Resolution Approving the Drainage Encroachment Permit
and Maintenance Agreement for Proctor Valley Road culverts within
Caltrans' Bonita Meadow Mitigation site.
Resolution Approving the Joint Use Agreement with the San
Diego County Water Authority for right of way, sewer and drainage
adjacent to Proctor Valley Road.
SUBMITTED BY: Director of General Services I City Engineer ¥'
REVIEWED BY: City ManagerÚþì>" (4/Sths Vote: Yes- No-L)
On February 29, 2000 Council approved a Tentative Subdivision Map for San Miguel Ranch.
The "A" Map and associated agreements will create lots for the major planning areas within
the final phase of San Miguel Ranch (Phase 3) but does not create any residential lots. The
area is generally north east of Proctor Valley Road, west ofSRc125 (see Attachment I).
RECOMMENDATION: That City Council adopt the Resolutions.
BOARDS AND COMMISSIONS: N/A
DISCUSSION:
Chula Vista Tract 99-04, San Miguel Ranch Phase III " A" Map No.1 is a 263.15-acre project
consisting of 23 lots. The area is generally located north east of Proctor Valley Road, west of
SR-125 (see Attachment I). The Tentative Map was approved February 29, 2000 by
Resolution No. 2000-068.
c;- /
Page 2, Item3-
Meeting Date 8/3/04
Final Map: The Final Map has been reviewed by the City Engineer and found to be in
substantial conformance with the approved Tentative Map. The developer, NNP-Trimark San
Miguel Ranch, LLC, has paid all applicable fees.
Council approval of the Final Map will constitute:
Acceptance by the City of the public streets.
Acknowledgment of the Irrevocable Offer of Dedication of Fee Interest for open space
lots and other public purposes within the subdivision granted on the map.
Acceptance by the City of the landscape buffer easement.
Associated Agreements: In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
I. Subdivision Improvement Agreement: Requires the Developer to complete the
improvements required by said Subdivision. Security bonds have been provided
guaranteeing the completion of all improvements and monumentation required by the
Municipal Code.
2. Su1?plemental Subdivision Improvement Agreement: Addresses several unfulfilled
conditions of the Tentative Map approved by Resolution No. 2000-068. These
conditions will remain in effect until completed by the developer and/or their
successors(s) in interest.
3.
Grant of Easements & Maintenance Agreement: Establishes certain specific obligations
and responsibilities for the maintenance of certain improvements located along the
public parkways by the developer and/or their successor(s) in interest, as required by
the Tentative Map conditions of approval.
4. San Miguel Ranch Phase 3 Basin Maintenance, Grading Mitigation. and Erosion.
Sedimemtation and NPDES Compliance Agreement: Establishes the terms and
conditions for the maintenance of drainage basins and water quality facilities within the
project. The master developer will maintain the facilities until the agreement is
assigned to the Home Owner's Association.
5. Drainage Encroachment Permit and Maintenance Agreement with Caltrans: Enables
the City to maintain drainage facilities within Caltrans' Bonita Meadows mitigation
site. This agreement is in lieu of an easement for drainage culverts associated with the
improvement of Proctor Valley Road.
6. Joint Use Agreements with the County Water Authoritv (CW A)for right of way, sewer
and drainage adjacent to Proctor Valley Road: The CWA requires a joint use
agreement for all right of way, sewer and drainage facilities that cross their aqueduct
easements. The form of the joint use agreements are identical to the last joint use
agreement approved by Council for the Otay Ranch Village II (Windingwalk) project.
q-z
Page 3, Item~
Meeting Date 8/3/04
Certain provisions within the agreements require the City to reconstruct City roads
within the easements after the CW A improves their existing aqueducts or installs a new
aqueduct.
The above agreements have been reviewed by staff, and approved as to form by the City
Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements.
Attachments:
Attachment I: Plat of Chula Vista Tract No. No. 99-04, San Miguel Ranch, Phase III "A" Map
No.1.
Attachment 2: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
Exhibit C: Grant of Easements & Maintenance Agreement
Exhibit D: San Miguel Ranch Phase 3 Basin Maintenance, Grading Mitigation, and
Erosion, Sedimemtation and NPDES Compliance Agreement
Drainage Encroachment Permit and Maintenance Agreement
Joint Use Agreements with the County Water Authority
Exhibit E:
Exhibit F:
TA File No. SMO12F
j,\Engi"eerILANDOEV\Pcojects\San Miguel Ranch\Phase III A MaplAl13 SM Phase IIl.doc
q-3
ATTACHMENT --1-.
CHULA VISTA TRACT NO. 99-04
SAN MIGUEL RANCH
PHASE 3 "A" MAP NO.1
. HUNSAKER
~ ~~9f~ YES
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COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
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9-Lj
AIT ACHMENTL
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-0 I, prior to any action upon matters tha.t will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must
be filed. The following information must be disclosed:
,nn""
L
List the names of all persons having a financial interest in the property tha.t is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
NoN P-"",rì\Mø.lr'~~mtca~ol ~.lLC
2.
If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
c:;~~ ~~
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3.
If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names of
any person serving as director of the non-profit organiza\ion or as trustee or beneficiary or trustor of
the trust.
4.
Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
~f\..--.. U-e-kr
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5.
Has any person' associated with this contract had any financial dealings with an official" of the City
ofChula Vista as it relates to this contract within the past 12 months? Yes_NoX-
q-£
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aaaT ea. R'R V". 00: eT
.n/RT IIn
If Yes, briefly describe the nature ofthe financial interest the official" may have in this contract.
6.
Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No &. Yes - If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official" of the City of
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a
legal debt, gift, loan, etc.) Yes - No-þ-
If Yes, which official.' and what was the nature of item provided.
By:' NNP-Trimark San MigueL Rän.'clI:,c':LLC.r
Delaware,,)llmi tea li~ ~
ì~ .\q-oq
Signature f Contractor! Applicant
"-'ar,:,,',.,:
Date:
Print or pé name ofContractor!Applicant
Its: Vice President
Person is defined as: any individual, finn, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as a
unit.
"
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or'committee of the City, employee, or staff members.
C/-b
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aaaT coo AOA Y'" I..: CT
on/AT nn
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP
OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH, PHASE III "A" MAP
NO. I; AND APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT
AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING
A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA
VISTA TRACT NO. 99-04, SAN MIGUEL RANCH, PHASE III "A" MAP NO. I;
AND APPROVING THE SAN MIGUEL RANCH PHASE 3 BASIN MAINTENANCE,
GRADING MITIGATION, AND EROSION, SEDIMENTATION AND NPDES
COMPLIANCE AGREEMENT
WHEREAS, the developer, NNP - Trimark San Miguel Ranch, LLC, has submitted an
"A" Map for the third phase of San Miguel Ranch; and
WHEREAS, the developer has executed a Subdivision Improvement Agreement to install
public facilities associated with the project; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of the Tentative Subdivision Map approved by City
Council Resolution No. 2000-068 and amended by Council Resolution No.2001-453, and;
WHEREAS, the developer has executed a San Miguel Ranch Phase 3 Basin
Maintenance, Grading Mitigation, and Erosion, Sedimentation and NPDES Compliance
Agreement to satisfy certain conditions of the Tentative Subdivision Map, and;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby finds that that certain survey map entitled Chula Vista Tract No. 99-04, San Miguel
Ranch Phase 3 "A" Map No.1, and more particularly described as follows:
Being a subdivision of portions of sections 21, and 28, township 17 South, range
I West, San Bernardino Meridian, according to official plat thereof, all in the City
of Chula Vista, County of San Diego, State of California.
Area: 263.313 Acres
Numbered Lots: 5
No. of Lots: 24
Lettered Lots: 19
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public streets, to-wit San Miguel Ranch Road, Proctor Valley Road, Avenida Loretta, and
Corte Bahama, and said streets are hereby declared to be public streets and dedicated to the
public use all as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the
City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A" through "S"
for open space and other public purposes.
q-7
Resolution
Page 2
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of
Chula Vista the sight visibility, sewer and storm drain, public trail, landscape buffer, tree
planting and maintenance, and general utility and access easements all as shown on this map
within said subdivision.
BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the
Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 99-04, San
Miguel Ranch, Phase 3 "A" Map No. I, a copy of which shall be kept on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are accepted on behalf of the
public as therefore stated, and that the Irrevocable Offer of Dedication of the fee interest of said
lots be acknowledged, and that those certain easements as granted on San Miguel Ranch Phase 3
"A" Map No. I within said subdivision are accepted on behalf of the City of Chula Vista as
hereinabove stated.
BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement for
the completion of improvements in said subdivision, a copy of which is on file in the Office of
the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that that certain San Miguel Ranch Phase 3 Basin
Maintenance, Grading Mitigation, and Erosion, Sedimentation and NPDES Compliance
Agreement setting forth the developer's obligations for maintenance of water quality and
drainage facilities, a copy of which is on file in the Office of the City Clerk is hereby approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors of the County of San Diego after San Diego County
Water Authority has executed the Joint Use Agreement.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City ofChula Vista.
Presented by
Approved as to form by
.JJo-- ì. r+-
Ann Moore
City Attorney
Jack Griffin
Director of General Services
1-2
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
.D~ 7. f-h--
Ann Moore
City Attorney
Dated: 1 - z. " - 0&./
Subdivision Improvement Agreement for
Chula Vista Tract No. 99-04, San Miguel Ranch
Phase III "A" Map No. I
Q""1
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this - day of, 2004, by and between
THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and NNP-
TRIMARK SAN MIGUEL RANCH, LLC, a Delaware Limited Liability Company, 85
Argonaut, Suite 205, Aliso Viejo, CA. 92656, hereinafter called "Subdivider" with reference to
the facts set forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a [mal subdivision map of a proposed subdivision, to be known as
SAN MIGUEL PHASE 3 "A" MAP NO.1 (CVT 99-04) 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
m~;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 ail 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, :!Ì'ee 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, S'lbdivider is willing in consideration of the approval and recordation of
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said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 2001-364, approved on the
23rd day of October, 200 I ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work. have been prepared and submitted to the City
Engineer, as shown for San Miguel Ranch Phase III Backbone Improvements, and inclusive, on
file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public improvements according
to said plans and specifications has been submitted and approved by the City in the amount of:
SIX HUNDRED FORTY NINE THOUSAND FOUR HUNDRED THIRTY ONE DOLLARS
AND NO CENTS ($649,431.00) FOR SAN MIGUEL RANCH, PHASE 3 BACKBONE
IMPROVEMENTS;
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
I. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution; to do and perform or cause to be done and
performed, at its own expense, without cost to City, in a good and workmanlike manner, under
the direction and to the satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and adjoining said
subdivision, including the improvements described in the above Recitals ("Improvement Work");
and will furnish the necessary materials therefore, all in strict conformity and in accordance with
the plans and specifications, which documents have heretofore been filed in the Office of the
City Engineer and as described in the above Recitals this reference are incorporated herein and
made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
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set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security :!Ì'om a
sufficient surety, whose sufficiency has been approved by the City in the sum of THREE
HUNDRED TWENTY FOUR THOUSAND SEVEN HUNDRED FIFTEEN DOLLARS AND
FIFTY CENTS ($324,715.50) 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 :!Ì'om a
sufficient surety, whose sufficiency has been approved by the City in the sum of THREE
HUNDRED TWENTY FOUR THOUSAND SEVEN HUNDRED FIFTEEN DOLLARS AND
FIFTY CENTS ($324,715.50) 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 :!Ì'om a
sufficient surety, whose sufficiency has been approved by the City in the sum of NINETY
THREE THOUSAND AND NO CENTS ($93,000.00) to secure the installation of monuments,
which security is attached hereto, marked Exhibit "c" and made a part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds :!Ì'om the improvement
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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 therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
II. 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 :!Ì'om 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 :!Ì'om
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property :!Ì'om
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 :!Ì'om 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
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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 66499.3 7 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in hislher sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in hislher sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
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Ct-ILI
SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
SAN MIGUEL RANCH PHASE III "A" MAP NO. I
(CVT 99-04)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
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SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
SAN MIGUEL RANCH PHASE ill "A" MAP NO. I
DEVELOPERS/OWNERS:
NNP-TRIMARK SAN MIGUEL RANCH, LLC,
a Delaware Limited Liability Company
By:
(Attach Notary Acknowledgment)
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
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State of California
County of 'Om r1hP-"
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PAULA C. FURLONG
NOTARY PUBliC -CALIFORNIA .
COMMISSION # 1297718 f
ORANGE COUNTY
My Commission Exp. April 23, 200!5
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to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowiedged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
OPTIONAL
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Description of Attached Document
Title or Type of Documen6U::rJ\ VH On
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
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On J q ÀI1lh ÃmHt before me,
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capacity(~, and that by his/_ir
signature('¡-on the instrument the person~ or
the entity upon behaif of which the person(¡4.
acted, executed the instrument.
WITNE
OPTIONAL
Though the information below is nol required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attach~ ~ ~
Titie or Type of Document:
Document Date: ~ dfD 'f Number of Pages: '
Signer(s) Other Than Named Above: ~;./ti{i."
Capacity(ies) Claimed by Signer
Signer's Name: Brian K. Laidlaw
0 Individual
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0 Partner - 0 Limited 0 General
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Signer Is Representing: N/IIfJ- ~ Þ- ~ ~.
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount:
$ 324.715.50
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount:
$ 324.715.50
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount:
$ 93,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years :!Ì'om date of City Council approval of the
Subdivision Improvement Agreement.
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Vc-- (, ~
Ann Moore
City Attorney
Dated: t . z.tz ~ Ð '{
Supplemental Subdivision Improvement Agreement for
Chula Vista Tract No. 99-04, San Miguel Ranch
Phase III "A" Map No.1
Q-20
RECORDING REQUEST BY:
City Clerk
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SM-012F
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.
SAN MIGUEL RANCH PHASE ill "An MAP NO. I
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Conditions 1,2,3,4,5,6,10,12,13,15,17,18,24,28, 30, 32,40,41,45,54,68, 72, 81, 90,
92,93,94,95, 102, 103, 106, 107, 122, 131,135, 136, 147, 148, 149, 150, 151, 152, 153, 156,
165,167, 169, 170, 171, 172, 173, 174, 176, 177, 178, 179, 180, 181, 182, 183, 184, 186, 187,
188,189,190 and 193)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
_day of_, 2004. by and between THE CITY OF CHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and NNP-TRIMARK SAN MIGUEL RANCH, LLC, a
Delaware Limited Liability Company, ("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 within approved Tentative Subdivision Map Chula Vista Tract 99-
04, which project is commonly known as San Miguel Ranch. For purposes of this Agreement the
term "Project" shall also mean "Property".
B. Developer and/or Developer's predecessor in interest has applied for and the City
has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 99-04
("Tentative Subdivision Map") for the subdivision of the Property.
q-'2!
C. The City has adopted Resolution No. 2000-068 ("Resolution") pursuant to which
it has approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the Resolution and thereafter amended said conditions pursuant to City Council
Resolution No. 2001-453 (collectively hereinafter refer to as "Resolution").
D. The Developer has applied for and the City Engineer and Planning Director have
approved a substantial conformance request for San Miguel Ranch.
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. Developer understands that
subsequent final maps may be subject to the same security terms and conditions contained herein.
F. The following derIDed terms shall have the meaning set forth herein, unless
otherwise specifically indicated:
"Owner or Developer" means the person, persons or entity having a legal or an equitable interest
in the property or parts thereof and includes Owner's successors-in-interest and assignors of any
property within the boundaries of the map. This includes NNP-TRIMARK SAN MIGUEL
RANCH, LLC, a Delaware Limited Liability Company, and any and all owners of real property
within the boundaries of the Property, and all signatories to this Agreement.
"Guest Builder" means those entities obtaining any interest in the Property or a portion of the
Property, after the final map has been recorded.
"PFFP" means the Public Facilities Financing Plan adopted by Resolution No. 19631 on October
19,1999 and amended by Resolution No. 2001-453 ("Amendment") on December 17,2001 and
as may be further amended from time to time.
"SPA Plan" means the San Miguel Ranch Sectional Planning Area Plan as adopted by the City
Council on October 19, 1999 pursuant to Resolution No. 19631, and as amended by the Zoning
Administrator on June 19, 2002 (PCM-02-17).
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1.
Agreement Applicable to Subsequent Owners.
3. Agreement Binding Upon Successors. This Agreement shall be binding upon and
inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property as described on Exhibit "A" until released by the mutual consent of the parties. For the
purposes of this Agreement the "Developer" shall also mean "Applicant"
b. Agreement Runs with the Land. The burden of the covenants contained in this
2
C;-22.
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 proceedings to enforce the curing of such breach to which it or any other beneficiaries of
this agreement and the covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project to a Guest Builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the Guest Builder, provided
Developer obtains the prior written consent of the City to such release. Such assignment to the
Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement
shall remain a covenant running with the land. The City shall not withhold its consent to any
such request for a release so long as the assignee acknowledges that the Burden of the Agreement
runs with the land, assumes the obligations of the Developer under this Agreement, and
demonstrates, to the satisfaction of the City, its ability to perform its obligations under this
Agreement as it relates to the portion of the Project which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of the
Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction of the-City
and such partial release will not, in the opinion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
e. Release of Individual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) :!Ì'om Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association;
iii. The conveyance of a school site as identified in the SPA Plan to a school
district;
The City shall not withhold its consent to such release so long as the City finds in good
faith that such release will not jeopardize the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the City Manager (or Manager's
designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the
City Manager (or Manager's designee), which confIrmS the release of such lot or parcel from the
3
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encumbrance of this Agreement.
Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or
parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the
encumbrance hereof.
2. Condition No.1 - (General Preliminary). In partial satisfaction of Condition I
of the Resolution, Developer hereby agrees to comply with all requirements and guidelines of the
San Miguel Ranch SPA Plan, Planned Community (PC) District Regulations, Design Guidelines,
Public Facilities Financing Plan, Affordable Housing Plan, Air Quality Improvement Plan, Water
Conservation Plan, and City approved substantial Conformance Exhibits, all as may be amended
from time to time, unless specifically modified by the appropriate department head, with the
approval of the City Manager. These plans may be subject to minor modifications by the
appropriate department head, with the approval of the City Manager, however, any material
modifications shall be subject to approval by the City Council.
3. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of
the Resolution, the Developer hereby agrees that the project conditions of approval are based
upon the project having multiple final maps. Unless otherwise specified, all conditions and code
requirements listed herein shall be fully completed to the City's satisfaction prior to approval of
the first final map.
4. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of
the Resolution, the Developer hereby agrees that in the event of a filing of a final map which
requires over-sizing of the improvements necessary to serve other properties, said final map shall
be required to install all necessary improvements to serve the project plus the necessary over-
sizing of facilities required to serve such other properties (in accordance with the restrictions of
State law and City ordinances).
5. Condition No.4 - (General Preliminary). In partial satisfaction of Condition
No.4 of the Resolution, the Developer agrees that prior to approval of a final Map creating a
multiple family lot, which does not require the filing of a subsequent map, all applicable
conditions of approval of the tentative map shall be met, as determined by the City Engineer.
6. Condition No.5 - (PFFP Phasing). In partial satisfaction of Condition. No.5 of
the Resolution, the Developer agrees not to seek any building permits for production homes until
the Mt. Miguel Road Bridge across SR-125 has been constructed and is open to the public.
Developer may seek building permits for model homes prior to completion of the Mt. Miguel
Road bridge across SR-125. Developer further agrees:
a. to prevent construction traffic from accessing to and from the County of San
Diego via San Miguel Road, and
b. to allow construction access through the City of Chula Vista only, and
c. to maintain a physical barrier to prevent vehicular access from the project to
Proctor Valley Road to the northwest until SRI25 is open to the public, all to
the satisfaction of the City.
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7. Condition No.6 - (General Preliminary). In partial satisfaction of Condition
No.6 of the Resolution, the Developer hereby agrees to dedicate for public use all the public
streets shown on the tentative map within the subdivision boundary with the recordation of the
applicable final map. Prior to the approval of the applicable final map, the Developer shall enter
into an agreement to guarantee the construction of all street improvements as required by the
PFFP for each particular phase.
8. Condition No. 10 - (General Preliminary) In satisfaction of Condition No. 10 of
the Resolution, the Developer agrees that if any of the terms, covenants or conditions contained
herein shall fail to occur or if they are, by their terms, to be implemented and maintained over
time, if any of such conditions fail to be so implemented and maintained according to their terms,
the City shall have the right to revoke or modify all approvals herein granted including issuance
of building permits, deny, or further condition the subsequent approvals that are derived from the
approvals herein granted, institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. The Developer shall be notified 10 days in
advance prior to any of the above actions being taken by the City and shall be given the
opportunity to remedy any deficiencies identified by the City within a reasonable and diligent
time frame.
9. Condition No. 12 - (General Preliminary) In satisfaction of Condition No. 12 of
the Resolution, the Developer agrees to indemnify, protect, defend and hold the City harmless
from and against any and all claims, liabilities and costs, including attorney's fees, arising from
challenges to the Final Subsequent Environmental Impact Report for the San Miguel Ranch
Sectional Planning Area and Tentative Maps (FSEIR 97-02) and any or all entitlements and
approvals issued by the City in connection with the Project.
10. Condition No. 13 - (General Preliminary) In satisfaction of Condition No. 13 of
the Resolution, the Developer agrees to comply with all applicable SPA Plan conditions of
approval.
11. Condition No. 15 - (Applicable Mitigation Measures) In satisfaction of
Condition No. 15 of the Resolution, the Developer agrees that prior to approval of each final Map,
the Developer shall implement or enter into a supplemental subdivision agreement to implement,
to the satisfaction of the Director of Planning and Building and the Environmental Review
Coordinator, all applicable mitigation measures identified in FSEIR 97-02, the CEQA Findings
of Fact and the Mitigation Monitoring and Reporting Program for the San Miguel Ranch Project
in accordance with the requirements, provisions and schedules contained therein, and as further
specified in these Tentative Map conditions. Modification of the sequence of mitigation shall be
at the discretion of the Director of Planning and Building should changes in circumstances
warrant such a revision.
12. Condition No. 17 - (Environmental/Preservation) In satisfaction of Condition
No. 17 of the Resolution, the Developer agrees to comply with all applicable requirements of the
California Department of Fish and Game, the California State Water Resources Control Board,
S
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the U.S. Department of Fish and Wildlife, and the U.S. Army Corps of Engineers as to the
Project.
13. Condition No. 18 - (Brush Management I Fire Protection Plan) In partial
satisfaction of Condition No. 18 of the Resolution, the Developer agrees to remain in compliance
with the Brush Management Program / Fire Protection Plan for the Project. Developer herein
agrees that approval of additional Final Maps will require amendments and additions to the
Brush Management Program / Fire Prevention Plan as set forth in the Landscape Master Plan for
the Project and as required by the City's Fire Marshall. The Developer shall comply with the
following:
a. The areas indicated for brush management activities must be within the
boundaries of the areas previously proposed for grading within FSEIR-97-02. To the extent that
brush management areas extend beyond said grading boundaries, additional environmental
review and mitigation may be required as determined by the Director of Planning and Building
and the Environmental Review Coordinator.
b. The Brush Management Program must be in compliance with the Multiple
Species Conservation Program (MSCP) Subarea Plan, including but not limited to the
requirement of up to a 150-foot setback from structures to the Preserve boundary with a lO-foot
fire access, or as required by the Director of Planning and Building subject to the City's
ordinances and policies. The Brush Management Program shall also address buffer areas, types
of fencing, and all other pertinent matters in areas surrounding or abutting the project's Otay
Tarplant preserves.
c. If developer so requests, pursuant to the MSCP Subarea Plan, site-specific
waivers or project-level design methods to reduce fire setback requirements may be considered
by the City Fire Marshal and approved at the City Fire Marshal's sole discretion.
d. As necessary, and prior to the approval of the Brush Management Program, the
Applicant shall obtain written consent from other property owners to conduct brush management
activities on adjacent, off-site lands which are within the required brush management zones as
reflected in the Brush Management Program.
Developer shall incorporate plant species listed in the "Urban Wildlife Interface Guidelines" for
planting within and adjacent to fuel modification zones to the satisfaction of the Director of
Planning and Building.
14. Condition No. 24 - (Noise Walls and Sound Berms). In partial satisfaction of
Condition No. 24 of the Resolution, the Developer agrees that prior to approval of any grading or
improvement plans, the Developer shall include on those Plans, as appropriate. and Developer
hereby agrees to construct all to the satisfaction of the Director of Planning and Building and the
Environmental Review Coordinator, the noise walls or berms required by the Project's
Environmental Impact Report and the acoustical report prepared by Entech Consulting Group
dated 4/24/04.
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15. Condition No. 28 - (Street Trees). In partial satisfaction of Condition No. 28 of
the Resolution, the Developer shall install all street trees in accordance with Section 18.28.10 of
the Chula Vista Municipal Code and the City's Landscape Manual or as otherwise approved by
the Director of Planning and Building and the City Engineer. Upon request of the Director of
Planning and Building, the applicant shall provide root control methods and a separate deep
watering irrigation system for all trees. Street trees shall be shown on street improvement plans
submitted for approval by the Director of Planning and Building and the City Engineer prior to or
concurrent with the second submittal of street improvement plans within the subdivision.
Approval of the street tree improvement plans shall constitute final approval of the species
selection of street trees
16. Condition No. 30 - (Compliance with approved plans) In partial satisfaction
of Condition No. 30 of the Resolution, the Developer shall comply with, remain in compliance
with, and implement, unless otherwise conditioned, the terms, conditions and provisions of the
San Miguel Ranch General Development Plan, Sectional Planning Area Plan ("SPA"), and such
Master Plan of Reclaimed Water, Urban Runoff Report, Habitat Enhancement Plan, Master Plan
of Sewage, Water Conservation Plan, the Air Quality Improvement Plan Design Guidelines and
the Public Facilities Financing Plan approved by the Council ("Plans") as are applicable to the
property which is the subject matter of this Tentative Map, prior to approval of each [mal Map,
or enter into an agreement with the City, providing the City with such security (including
recordation of covenants running with the land) and implementation procedures as the City may
require, assuring that, after approval of the final Map, the developer shall continue to comply
with, remain in compliance with, and implement such Plans.
17. Condition No. 32 - (Improvements). In partial satisfaction of Condition No. 32
of the Resolution, the Developer agrees to construct the improvements in Exhibit "B" pursuant to
the City's Municipal Code. The City Engineer and Director of Planning and Building may, at
their discretion, modify the sequence, schedule, alignment and design of improvement
construction should conditions change to warrant such a revision. These improvements shall
include:
San Miguel Ranch Road (Facility #3): Phase ill - Easterly SR-125 RO.W. to westerly
terminus at Proctor Valley Road (west of SR-125) intersection.
Proctor Valley Road (west of SR125) (Facility #6): Phase ill - From eastern boundary of
SDG&E easement E-2 northwesterly to San Miguel Ranch Road intersection west of SR-125.
Community Trail Lot OS-7 (Facility #15): From Cul-de-sac Corte Cantante through Lot Open
Space-7.
Community Trail Lot K (Facility #16): Avenida Altamira through North of Open Space 6
South of Planning Area K.
Community Trial Lot OS-9 (Facility #17): Cul-de-sac Corte Mirador through Lot OS-9 to
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Cul-de-sac Plaza Pala Alto in Planning Area "J".
Regional Trail along San Miguel Ranch Road (Facility #20): West SR-125 ROW along San
Miguel Ranch Road westerly through Planning Area "L" to Proctor Valley Road.
Equestrian Trail along Proctor Valley Road (Facility #21): Northwest comer of Planning
Area" K" at San Miguel Ranch Road southerly along Proctor Valley Road through Lot K
through off-site area to Southeasterly OS-4.
18. Condition No. 40 (ADA Compliance). In satisfaction of Condition No. 40 of the
Resolution, the Developer shall construct sidewalks and pedestrian ramps on all walkways to
comply with the "Americans with Disabilities Act" (ADA) standards and as approved by the City
Engineer. In the event the Federal Government adopts ADA standards for street rights-of-way
which are in conflict with the standards and approvals contained herein, all such approvals
conflicting with those standards shall be updated to reflect those standards. Unless otherwise
required by federal law, City ADA standards may be considered vested, as determined by Federal
regulations, once construction has commenced.
19. Condition No. 41 (Caltrans Encroachment Permit). In partial satisfaction of
Condition No. 41 of the Resolution, the Developer shall obtain all necessary permits to grade and
drain within Caltrans' property and to construct facilities shown on Exhibit "B".
20. Condition No. 45 (Off-site Right-of-way and Easements). In satisfaction of
Condition No. 45 of the Resolution, the Developer shall notify the City at least 60 days prior to
consideration of the affected Final Map by City, if off-site right-of-way and easements cannot be
obtained as required by these conditions. (Only off-site right-of-way or easements affected by
Section 66462.5 of the Subdivision Map Act are covered by this condition). After said
notification and prior to the approval of the affected Final Map, the developer shall:
a. Pay the full cost of acquiring off-site right-of-way or easements required by the
Conditions of Approval of the Tentative Map.
b. Deposit with the City the estimated cost of acquiring said right-of-way or easements.
The amount of the deposit is subject to the approval of the City Engineer.
c. Prepare and submit all easement and/or right-of-way documents, plats and appraisals
necessary to commence condemnation proceedings.
If the developer so requests, the City may use its power of eminent domain to acquire right-of-
way, easements or licenses needed for off-site improvements or work related to the tentative
map. The developer shall pay all costs, both direct and indirect incurred in said acquisition.
The condition to construct the related off-site improvements which fall under the purview of
Section 66462.5 of the State Subdivision Map Act are waived in accordance with that section of
the Act, if the City does not acquire or commence proceedings for immediate possession of the
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property within the time limitation specified in that section.
21. Condition No. 54 (Street Lights and Traffic Signals). In satisfaction of
Condition No. 54 of the Resolution, the Developer agrees to design and construct street lights on
traffic signal standards, and construct underground traffic signal equipment at locations as
approved by the City Engineer and CalTrans at the following proposed/existing intersections of
San Miguel Ranch Road with:
a.
b.
c.
Intersection of Proctor Valley Road
Intersection of A venida Altarnira
Intersection of A venida Loretta
22. Condition No. 68 - (Lots Drainage) In partial satisfaction of Condition No. 68 of
the Resolution, the Developer acknowledges and agrees 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.
23. Condition No. 72 - (Transition Lots) In partial satisfaction of Condition No. 72
of the Resolution, the Developer submit a list of proposed lots indicating whether the structure
will be located on fill, cut, or a transition between the two situations prior to approval of each
building permit for the project.
24. Condition No. 81 - (Lift Station in Planning Area 'L') In partial satisfaction of
Condition No. 81 of the Resolution, the Developer agrees, as determined applicable by the City
Engineer and in compliance with Council Policy 570-3, to construct the sewage lift station or a
gravity sewer to serve Planning Area 'L' and provide the City an endowment in the amount of
$784,000 to fund the perpetual annual maintenance costs for the lift station, or; in such instance
that the Developer desires to pursue some other facility in lieu of the sewage lift station, fund and
construct some other facility as approved by the City Engineer.
25. Condition No. 90 - (Withhold Building Permits and Hold Harmless) In partial
satisfaction of Condition No. 90 of the Resolution, the Developer understands and agrees that the
performance of Developer's obligations hereunder is required for the health and safety of the
residents of its Project. Therefore Developer agrees:
a. That the City may withhold building permits for the subject subdivision if anyone
of the following occur:
(i). Regional development threshold limits set by the East Chula Vista Transportation
Phasing Plan, as amended :!Ì'om time to time, have been reached or, in order to have the Project
comply with the Growth Management Program, as may be amended from time to time.
(ii). Traffic volumes, levels of service, public utilities and/or services exceed the adopted City
threshold standards in the then effective Growth Management Ordinance.
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(iii). The required public facilities, as identified in the PFFP or as amended or otherwise
conditioned have not been completed or constructed to the satisfaction of the City. The
developer may propose changes in the timing and sequencing of development and the
construction of improvements affected. In such case, the PFFP may be amended as approved by
the City's Director of Planning and Building and the City Engineer.
b. To defend, indemnify and hold harmless the City and its agents, officers and employees,
:!Ì'om any claim, action or proceeding against the City, or its agents, officers or employees, to
attack, set aside, void or annul any approval by the City, including approval by its Planning
Commission, City Council or any approval by its agents, officers, or employees with regard to
this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the subdivider of any claim, action or proceeding and on the further condition that the
City fully cooperates in the defense.
c. To ensure that all franchised cable television companies ("Cable Company") are
permitted equal opportunity to place conduit and provide cable television service to each lot
within the subdivision. Developer agrees that the City of Chula Vista may grant access to cable
companies franchised by the City of Chula Vista to place conduit within the City's easement
situated within the Project. Developer shall restrict access to the conduit to only those franchised
cable television companies who are, and remain in compliance with, all other rules, regulations,
ordinances and procedures regulating and affecting the operation of cable television companies
as same may have been, or may from time to time be issued by the City of Chula Vista.
d. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the terms of the
Tentative Map Conditions or any Supplemental Agreement. The City shall provide the
Developer of notice of such determination and allow the Developer reasonable time to cure said
breach.
e.To hold the City harmless from any liability for erosion, siltation or increase flow of
drainage resulting from this project.
26. Condition No. 92 - (Congestion Management Program). In satisfaction of
Condition No. 92 of the Resolution, the Developer agrees:
a. To participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG to comply with the Congestion Management Program (CMP) and
b. To not protest formation of any future regional impact fee program or facilities
benefit district to finance the construction of regional facilities. This agreement to not protest
shall not be deemed a waiver of the right to challenge the amount of any assessment, which may
be imposed due to these new improvements and shall not interfere with the right of any person to
vote in a secret ballot election.
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27. Condition No. 93 - (Previous Agreements). In satisfaction of Condition No. 93 of
the Resolution, the Developer shall comply with all previous agreements as they pertain to this
tentative map including the Agreement for Monitoring Building Permits, Resolution No. 2003-
166, dated April 15, 2003; Indemnification agreement between the City of Chula Vista and NNP-
Trimark, Resolution No. 2000-483, dated December 19, 2000; and the Annexation Agreement,
Resolution No.20oo-48 I , dated December 19, 2000, Concerning the Conservation and Biological
Mitigation Program for the Implementation of the San Miguel Ranch Sectional Planning Area
Plan and Tentative Tract Map by and between City, Agencies and NNP-Trimark.
28. Condition No. 94 - (Street Sweeping). In partial satisfaction of Condition No. 94
of the Resolution, the Developer shall contract with the City's current street sweeping franchisee,
or other server approved by the City Engineer to provide street sweeping for each phase of
development on a frequency and level of service comparable to that provided for sirnilar areas of
the City. The developer shall cause street sweeping to commence immediately after the final
residence, in each phase, is occupied and shall continue sweeping until such time that the City
has accepted the street or 60 days after the completion of all punch list items, whichever is
shorter. The developer further agrees to provide the City Special Operations Manager with a
copy of the memo requesting street sweeping service which memo shall include a map of areas to
be swept and the date the sweeping will begin.
29. Condition No. 95 - (Fiscal Impact). In partial satisfaction of Condition No. 95 of
the Resolution, the Developer:
a. Shall at all times maintain a minimum balance of $10,000 in the annual fiscal review
fund. The first annual review shall be for the year 2001 and continue through year 2015. At any
time, should the annual fiscal review fund balance be less than $10,000, and should Applicant
fail to replenish such balance within 30 days of City's demand for replenishment of the fund to
the minimum required balance, City shall have the right to withhold building permits for the
Project; and
b. Acknowledges and agrees that Applicant shall be responsible through the year 2015 for
paying for the fiscal deficit identified by the annual fiscal review to ensure that all City services
provided to the Project including direct and indirect costs, as well as capital and operating costs
shall be covered by Project revenues and Project exactions. Applicant shall, prior to approval of
the first Final Map within the Project, and subject to the approval of the City, establish a
mechanism to satisfy Applicant's responsibility for payment of the Project's fiscal deficit, such
as the establishment of a reserve fund, payment of a one time fee, a fee to be paid with each
building permit for the Project, the establishment of a community facilities district or other
acceptable methods.
30. Condition No. 102 - (Open Space) In partial satisfaction of Condition No. 102 of
the Resolution, the Developer agrees that prior to the approval of each final map which contains
open space lots, the Developer shall provide proof to the satisfaction of the City Engineer that all
improvements located on open space lots will be incorporated into and maintained by a
Homeowner's Association, a CFD or pursuant to the Annexation Agreement approved by
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" -.::;>
Resolution No. 2000-481.
31. Condition No. 103 - (DG Walkways free from Obstacles) - In partial satisfaction
of Condition No. 103 of the Resolution, the Developer hereby acknowledges and agrees that
there shall be no vertical obstacles or any obstructions such as public utility vaults, boxes, etc.
placed within the decomposed granite (D. G.) walkways within the project. In the event of any
such obstruction placed within the walkways, Developer agrees to immediately remove such
obstructions, upon request of the City.
32. Condition No. 106 - (HOA maintenance of facilities) - In partial satisfaction of
Condition No. 106 of the Resolution, the Developer hereby agrees to annex Neighborhoods "L",
"K" and "J" into the San Miguel Ranch Master HOA concurrent with recordation of the "B" Map
for said Neighborhood.
33. Condition No. 107 - (Formation of Drainage Maintenance District) - In
partial satisfaction of Condition No. 107 of the Resolution, the developer agrees to not protest
formation of a district for the maintenance of City drainage facilities, or any portion thereof,
within the Sunnyside Basin. This agreement not to protest shall not be deemed a waiver of the
right to chàIlenge 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.
34. Condition No. 122 (park Development and Acquisition Fee). In partial
satisfaction of Condition No. 122 of the Resolution, Developer hereby acknowledges and agrees
that prior to the approval of each Final Map within the Project which allows construction of any
dwelling unit, the Developer shall pay to the City the development portion of the Park
Development Fee (pAD fee) due for the dwelling unit count of the respective Final Map. The
principal funds shall accumulate to the total amount of the park development fee due for the
Project as established by the PFFP.
35. Condition No. 131 - (Modification to Community and Neighborhood Park).
In satisfaction of Condition No. 131 of the Resolution, the Developer acknowledges and agrees that
The Director of Planning and Building may, at his sole discretion, construct the Community Park
with funds received from Developer or modify the neighborhood and community park
development phasing and construction sequence for either or both the public community park
and private neighborhood park should conditions change to warrant such revision.
36. Condition No. 135 . (Construct Trails) In partial satisfaction of Condition No.
135, the Developer agrees to construct and provide security for all trails to the satisfaction of the
City Manager (or designee) as set forth on Exhibit "B" hereto.
37. Condition No. 136 - (Landscape, Irrigation and Erosion Control Plans). In
partial satisfaction of Condition No. 136 of the Resolution, the Developer shall, concurrent with
the submittal of every grading plan, prepare, submit and obtain the approval of the City Engineer
and Director of Parks and Recreation of landscape, irrigation and erosion control plans for graded
12
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, ~.....
areas. Developer further agrees that, concurrent with street improvement plans, the Developer
shall prepare, submit and obtain the approval of the City Engineer and the Directors of Parks and
Recreation and Planning and Building, plans for open space, parkway, median, walls and fences
and trail landscape and irrigation. The Developer acknowledges and agrees that all plans shall be
prepared in accordance with the Chula Vista Landscape Manual and Section V-15, Design
Guidelines, of the San Miguel Ranch SPA.
38. Condition No. 147 - (Open Space Landscape and Irrigation Approval). In
partial satisfaction of Condition No. 147 of the Resolution, the Developer agrees that prior to the
approval of improvement plans for any portion of Planning Area J, the Developer shall prepare,
submit and obtain the Approval of the Director of Planning and Building for landscape planting
and irrigation improvements for Lots OS-7, OS-8 and OS-9, J-A and J-B to the satisfaction of the
Director of Planning and Building.
39. Condition No. 148 - (Landscape Installation). In partial satisfaction of
Condition No. 148 of the Resolution, the Developer agrees that prior to the acceptance of
improvements for any portion of the Project, the Developer shall install landscape planting and
irrigation improvements as given in Exhibit "B" and for all1ettered lots of the Project excepting
lots P, Q, R, C and D of San Miguel Ranch Phase 3 "A" Map no. I to the satisfaction of the
Director of Planning and Building.
40. Condition No. 149 - (Landscaping Plans for Lots K-A, K-B, K-C and K-D).
In partial satisfaction of Condition No. 149 of the Resolution, prior to the Approval of
improvement plans for any portion of Planning Area K, the Applicant shall prepare, submit and
obtain the Approval of the Director of Planning and Building for landscape planting and
irrigation improvements for Lots K-A, K-B, K-C and K-D to the satisfaction of the Director of
Planning and Building.
41. Condition No. 150 - (Landscape Installation for Lots K-A, K-B, K-C and K-
D). In partial satisfaction of Condition No. 150 of the Resolution, prior to the Acceptance of
improvements for any portion of Planning Area K, the Applicant shall install landscape planting
and irrigation improvements for Lots K-A, K-B, K-C and K-D to the satisfaction of the Director
of Planning and Building.
42. Condition No. 151 - (Landscaping Plans for Lots L-A, L-B, L-C, Lot L-E
and L-F,). In partial satisfaction of Condition No. 151 of the Resolution, prior to the Approval of
improvement plans for any portion of Planning Area L, the Applicant shall prepare, submit and
obtain the Approval of the Director of Planning and Building for landscape planting and
irrigation improvements for Lots L-A, L-B, L-C, Lot L-E and L-F to the satisfaction of the
Director of Planning and Building.
43. Condition No. 152 - (Landscape Installation for Lots L-A, L-B, L-C, Lot L-E
and L-F,). In partial satisfaction of Condition No. 152 of the Resolution, prior to the Acceptance
of improvements for any portion of Planning Area L, the Applicant shall install landscape
planting and irrigation improvements for Lots L-A, L-B, L-C, Lot L-E and L-F to the satisfaction
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of the Director of Planning and Building.
44. Condition No. 153 . (Approval of Landscaping Plans for Lot M-B). In partial
satisfaction of Condition No. 153 of the Resolution, the Developer agrees that prior to the
Approval of improvement plans for any portion of Planning Area M, the Applicant shall prepare,
submit and obtain the Approval of the Director of Planning and Building for landscape planting
and irrigation improvements for Lot M-B to the satisfaction of the Director of Planning and
Building.
45. Condition No. 156 (Landscaping Plans). In partial satisfaction of Condition No.
156 of the Resolution, Developer shall provide a landscaping plan for each Planning Area, prior
to approval of the first building permit for each Planning Area, showing that all single family
residential lots have been designed to accommodate a 5Y2' X 5\12' (30.25 sq. ft.) tree planting area
within the street tree easement clear of utility lines, boxes, and similar obstructions.
46. Condition No. 165 (As Built Plans). In partial satisfaction of Condition No. 165
of the Resolution, the Developer shall submit "as-built" improvement and grading plans as
required by the City Subdivision Manual.
47. Condition No. 167 (Water Conservation and Air Quality Improvement
Plans). In partial satisfaction of Condition No. 167 of the Resolution, the Developer shall
implement all conservation measures prescribed in the San Miguel Ranch Water Conservation
and Air Quality Improvement Plans.
48. Condition No. 169 (CFD Disclosure Form). In partial satisfaction of Condition
No. 169 of the Resolution, the Developer shall provide the City with a copy of the disclosure to
homeowners of the cost associated with Mello-Roos Assessment and Community Facility/Open
Space districts as required by Ordinance 2275, prior to approval of the first Final Map.
49. Condition No. 170 (Fire Management) In partial satisfaction of Condition No.
170 of the Resolution, the Developer shall provide the Initial Cycle of fire management! brush
clearance and install structural fire prevention measures within lots adjacent to natural open
space areas subject to approval by the Fire Marshal and Director of Planning and Building.
50. Condition No. 171 (Fire Hydrants and Fire Access). In partial satisfaction of
Condition No. 171 of the Resolution, the Developer shall provide fire hydrants every 500 ft. for
single family residential units and every 300 ft. for multi-family residential units. Developer
further agrees to comply with the City Of Chula Vista Fire Department Standard Operating
Guidelines (OPS:2916, as amended from time to time) requiring that all fire hydrants be operable
prior to delivery of combustible building materials, and a minimum 20' wide, all-weather fire
access roads be provided.
51. Condition No. 172 (Planned Community District Regulations). In partial
satisfaction of Condition No. 172 of the Resolution, the Developer shall provide sprinkler
systems in all homes in Planning Area "L" that are easterly of the 1000' centerline distance of
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Street "QQ", as measured from the cross-street of Street "VV" (lots 33 through 55 & lots 57
through 69).
52. Condition No. 173 (Sprinkler Systems on Flag Lots). In partial satisfaction of
Condition No. 173 of the Resolution, the Developer shall provide sprinkler systems in all homes
that are on flag lots where the setback distance is greater than 150' as measured from the nearest
curb face to the furthers point of the dwelling.
53. Condition No. 174 (Grading Ordinance). In partial satisfaction of Condition
No. 174 of the Resolution, the Developer shall comply with all applicable sections of the Chula
Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of
the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map
Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual.
54. Condition No. 176 (Fees). In partial satisfaction of Condition No. 176 of the
Resolution, the Developer shall pay, or otherwise satisfy to the City, all applicable fees in
accordance with the City Code and Council Policy, including, but not limited to, the following:
Prior to issuance of each building permit:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to sewer connection
fees.
SR-125 impact fee as required by the City.
Proctor Valley Trunk Sewer Reimbursement District Fee.
Frisbie Trunk Fee.
Fiscal Operation Deficit as determined by the City Manager (see Condition
No. 95)
d.
e.
f.
g.
Prior to each Final Map approval:
h. Park Acquisition and Development Fee.
i. Spring Valley Sanitation District Trunk Fee.
The amount of said fees shall be those in effect at the time of approval of [mal maps or issuance
of building permits as applicable.
55. Condition No. 177 (Federal, State and Local Regulations) In partial
satisfaction of Condition No. 177 of the Resolution, the Developer shall comply with all relevant
Federal, State, and Local regulations, including the Clean Water Act. The developer shall be
responsible for providing all required testing and documentation to demonstrate said compliance
as required by the City Engineer.
56. Condition No. 178 (Noise Levels) In partial satisfaction of Condition No. 178 of
the Resolution, the Developer shall design all dwelling units to preclude interior noise levels over
45 dBA and shield all exterior private open space to limit noise exposure to 65 dBA.
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57. Condition No. 179 (NPDES) In partial satisfaction of Condition No. 179 of the
Resolution, the Developer agrees to comply with all applicable regulations established by the
United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant
Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm
water discharge and any regulations adopted by the City of Chula Vista pursuant to the
N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of intent with the
State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit
for Storm Water Discharges Associated with Construction Activity and shall implement a Storm
Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading
activities. TheSWPPP shall include both construction and post construction pollution
prevention and pollution control measures and shall identify funding mechanisms for post
construction control measures.
58. Condition No. 180 (Notice of Special Tax Disclosure). In partial satisfaction of
Condition No. 180 of the Resolution, the Developer shall ensure that prospective purchasers sign
a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020
regarding projected taxes and assessments. Submit the disclosure form for approval by the City
Engineer prior to Final "B" Map approval.
59. Condition No. 181 (Natural Channels in Open Space). In partial satisfaction of
Condition No. 181 of the Resolution, the Developer shall comply with Council Policy No. 522-
02 regarding maintenance of natural channels within open spaces and to repair erosion down
stream of the project at the request of the City Engineer.
60. Condition No. 182 (Growth Management). In partial satisfaction of Condition
No. 182 of the Resolution, the Developer shall comply with Chapter 19.09 of the Chula Vista
Municipal Code (Growth Management) as may be amended from time to time by the City. Said
chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance
plan implementation (19.09.090), and public facilities finance plan amendment procedures
(19.09.100).
61. Condition No. 183 (Public Facilities) In partial satisfaction of Condition No.
183 of the Resolution, the Developer shall install public facilities in accordance with the San
Miguel Ranch Public Facilities Finance Plan as may be amended :!Ì'om time to time, or as
required by the City Engineer to meet threshold standards adopted by the City of Chula Vista.
The City Engineer and Director of Planning and Building may, at their discretion, modify the
sequence of improvement construction should conditions change to warrant such a revision. The
Developer shall construct the public improvements and provide security satisfactory to the City
Engineer.
62. Condition No. 186 . (Public Facility Financing Plan). In partial satisfaction of
Condition No. 186 of the Resolution, the Public Facility Finance Plan or revisions thereto shall
be adhered to for the SPA and tentative map with improvements installed in accordance with said
plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP
16
cf-3.b
identifies a facility phasing plan based upon a set of assumptions concerning the location and rate
of development within and outside of the project area. Throughout the build-out of San Miguel
Ranch, actual development may differ from the assumptions contained in the PFFP. Neither the
PFFP nor any other document grant the Developer an entitlement to develop as assumed in the
PFFP, or limit the facility improvement requirements to those identified in the PFFP.
Compliance with the City of Chula Vista threshold standards, based on actual development
patterns and updated forecasts in reliance on changing entitlements and market conditions, shall
govern SPA development patterns and the facility improvement requirements to serve such
development. In addition, the sequence in which improvements are constructed shall correspond
to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth
Management Program and Ordinance adopted by the City. The City Engineer may modify the
sequence of improvement construction should conditions change to warrant such a revision. The
San Miguel Ranch PFFP, at the Developer's expense and subject to a Reimbursement
Agreement, shall be updated, upon request of the City Engineer, to reflect said revisions
including the nature, sizing, extent and timing for the construction of public facilities caused by
San Miguel Ranch, and shall become a condition for all subsequent San Miguel Ranch
entitlements, including tentative and final maps.
63. Condition No. 187 - (Withhold Building Permits). In partial satisfaction of
Condition No. 187 of the Resolution, the Developer acknowledges 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 the satisfaction of the Director
of Planning and Building. The property owner may propose changes in the timing and
sequencing of the development and the construction of improvements affected. in such cases, the
PFFP may require amendment as approved by the Director of Planning and Building.
64. Condition No. 188 (Growth Management Ordinance). In partial satisfaction of
Condition No. 188 of the Resolution, the Developer acknowledges that the City is presently in
the process of amending its Growth Management Ordinance to establish provisions necessary to
ensure compliance with adopted thresholds standards (particularly traffic) prior to the
construction of State Route 125 and that the Developer hereby agrees to comply with adopted
amendments to the Growth Management Ordinance. Said provisions will require the
demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to
accommodate a proposed development as a prerequisite to Final Map approval for that
development.
65. Condition No. 189 (San Miguel Water Conservation Plan). In partial
satisfaction of Condition No. 189 of the Resolution, the Developer shall at its own cost and
expense, revise the San Miguel Ranch Water Conservation Plan ("WCP") as necessary to
incorporate new water conservation measures, and/or to participate in pilot projects to evaluate
new measures, such as gray water systems, as adopted by the City Council, and comply and
remain in compliance with the WCP. The Developer further agrees to modify the WCP to
incorporate those new measures, which are in effect at the time, prior to or concurrent with each
Final Map approval. The new measures shall apply to development within all future Final Map
17
1-37
areas, but shall not be retroactive to those areas, which received Final Map approval prior to
effect of the subject new measures. Developer hereby waives any claim that the adoption of a
revised Water Conservation Plan or Air Quality Plan constitutes an improper subsequent
imposition of the condition.
66. Condition No. 190 - (Declaration of Covenants, Codes and Restrictions). In
partial satisfaction of Condition No. 190 of the Resolution, The Developer shall create a Master
Homeowner's Association ("MHOA") to own and maintain in a professional manner open space
areas, medians, parkways, or any other improvement not maintained by a Community Facility
District, the City, or other entity (referred to collectively as "open space areas"). The Applicant
shall complete the formation of the MHOA prior the first final Map for the project. The MHOA
shall be structured to allow annexation of future tentative map areas in the event the City
Engineer and Director of Planning and Building require such annexation of future tentative map
areas. The Developer hereby acknowledges that the MHOA's maintenance of public open space,
trails, etc. may expose the City to liability. Developer agrees to establish a MHOA that will hold
the City harmless from any negligence of the MHOA in the maintenance of such areas.
67. Condition No. 193 (Submittal of Declaration of Covenants, Codes and
Restrictions). In partial satisfaction of Condition No. 193 of the Resolution, prior to the approval
of each Final Map, the Developer shall submit and obtain the approval of the City Engineer,
Director of Planning and Building the Declaration of Covenants, Conditions, and Restrictions
(CC&R's). Developer further agrees that amended CC&R's addressing future phases to be
annexed to the Master HOA shall be submitted and Developer shall obtain the approval of said
CC &R's. The CC&R's shall include the following obligations of the Master Homeowners
Association:
a. Maintain all the facilities and improvements within the open space lots offered for
dedication to the City until acceptance of the open space lots for maintenance by the open
space/Community Facilities District.
b. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
open space lots offered for dedication to the City until acceptance by the
City, or until any such offer of dedication is extinguished by it own terms.
ii
all open space lots that shall remain private,
iii
other Master Association property.
c. Before any revisions to provisions of the CC&R's that may particularly affect the City
can become effective, said revisions shall be approved by the City. The MHOA shall not seek
approval from the City of said revisions without the prior consent of 100 percent of the holders of
first mortgages or property owners within the MHOA.
18
1-32
d. The MHOA shall indemnify and hold the City harmless from any claims, demands,
causes of action liability or loss related to or arising from the maintenance activities of the
MHOA.
e. The MHOA shall not seek to be released by the City from the maintenance obligations
described herein without the prior consent of the City and 100 percent of the holders of first
mortgages or property owners within the MHOA.
f. The MHOA is required to procure and maintain a policy of comprehensive general
liability insurance written on a per occurrence basis in an amount not less than one million
dollars combined single limit. The policy shall be acceptable to the City and name the City as
additionally insured.
g. The CC&R's shall incorporate restrictions for each lot adjoining open space lots
containing walls maintained by the open space district to ensure that the property owners know
that the walls may not be modified or supplemented nor may they encroach on City property.
h. The CC&R's shall include provisions assuring MHOA membership in an advance
notice such as the USA Dig Alert Service in perpetuity.
i. The CC&R's shall include provisions that provide City the right, but not the
obligation, to enforce the CC&R provisions same as any owner in the Project.
j. The CC&R provisions setting forth restrictions in these Tentative map conditions may
not be revised at any time without prior written pennission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for private
streets without approval of 100% of all the HOA members or holder of [¡rst mortgages within the
MHOA. (Engineering, Parks, Planning, Public Works)
1. . Provide within the master CC&R's for the maintenance in perpetuity of all stabilized
decomposed granite (D.G.) areas by a Home Owner's Association.
m. Maintenance of all facilities and improvements within open space areas covered
by homeowners associations.
68. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation of Conditions I, 2, 3, 4,5,
6,10,12,13,15,17,18,24,28,30,32,40,41,45,54,68,72, 81, 90,92,93,94,95,102,103,
106,107,122,131,135,136,147,148,149,150,151,152,153, 156, 165, 167, 169, 170, 171,
172,173, 174,176,177,178,179,180,181,182,183,184,186,187, 188, 189, 190 and 193 of
the Resolution. Developer further understands and agrees that the some of the provisions herein
may be required to be performed or accomplished prior to the approval of other [¡nal maps for
the Project, as may be appropriate.
19
C¡~31
69. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfùled conditions of approval of the Tentative Map,
established by Resolution No. 2000-068 and shall remain in compliance with and implement the
terms, conditions and provisions therein.
70. Recording. This Agreement, or an abstract hereof shall be recorded
simultaneously with the recordation of the Final Map.
71. Building Permits. Developer and Guest Builders acknowledge and agree that the
City may withhold the issuance of building permits for the Project, should the Developer be
determined by the City to be in breach of any of the terms of this Agreement. The City shall
provide the Developer of notice of such determination and allow the Developer with reasonable
time to cure said breach.
72. Assignablity. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City
manager in hislher sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in hislher sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this agreement. Such assignment will be in a form approved by
the City Attorney.
73. Delay in Performance. City agrees that should Developer be delayed in
performing any obligations under this Agreement primarily as a result of a "Permitted Excuse"
(as hereunder defined). Developer shall be allowed a reasonable extension of time to perform
said obligation, and such reasonable time shall be determined by the City, but in no
circumstances shall be less than the length of the delay resulting from the Permitted Excuse. As
used herein, the term "Permitted Excuse" shall mean any of the following: (i) the City's actions,
omissions or inaction which result in a delay of performance by Developer or (ii) labor disputes,
acts of God, war, riots, insurrections, civil commotions, moratorium (other that those imposed by
the City pursuant to Growth Management Ordinance, as may be amended from time to time)
litigation (other than any litigation brought by or on behalf of Developer or Developer's
successors-in-interests, assignees or agents against the City) inability to obtain labor or materials
or reasonable substitutes for either, fife, unusual delay in transportation, adverse weather,
conditions not normally anticipated in a project of this type or casualties beyond the reasonable
control of Developer, Permitted Excuse shall not include delays due to a party's own negligence
or financial inability to perform.
74.
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
20
CJ-LjO
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.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
Developer:
NNP- TRIMARK SAN MIGUEL RANCH, LLC,
85 Argonaut, Suite 205
Aliso Viejo, CA. 92656
Phone (949) 465-1655;
Attn.: Stephen E. Hester, Executive Vice President
A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this Agreement or any of its
terms.
c. Entire Agreement. This Agreement contains the entire agreement between
the parties regarding the subject matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of no force and effect. This Agreement is
not intended to supersede or amend any other agreement between the parties unless expressly
noted.
d. Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It
shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting this Agreement.
e. Recitals; Attachments. Any recitals set forth above and exhibits attached
hereto are incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled
to a judgment against the other for an amount equal to reasonable attorney's fees and court costs
incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the
relief sought.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
21
q-'il
[PAGE ONE OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
SAN MIGUEL RANCH PHASE ßI "A" MAP NO.1]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City of Chula Vista
Attest:
Susan Bigelow
City Clerk
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
22
9 --'I z.
[pAGE TWO OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT FOR
SAN MIGUEL RANCH PHASE ill "A" MAP NO. 11
DEVELOPERS/OWNERS:
NNP- TRIMARK SAN MIGUEL RANCH, LLC,
a Delaware Limited Liability Company ./
BY:~~
~.~
Brian K. Laidlaw
23
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
personaliy appeared
Nom""otSI,",""
~SOnaIlY known to me
0 proved to me on the basis of satisfactory
evidence
to be the person'-/"hose name%ís/i!l11!"
subscribed to t7e w7thin instrument and
acknowledged to me that helsl>ellAeot executed
the same in his/l1!!T7'mëír authorized
capacit~ and that by his/hetlttT!!tr
signature~ the instrument the personjsj,..or
the entity upon behalf of which the personfðì
acted, executed the instrument.
OPTIONAL
Though the Information below Is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and rea"achment of /hIs form to another document.
Description of Attached Document
TItle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
,
Top of ~umb hoc.
0 Individual
0 Corporate Officer - Tltie(s):
0 Partner - 0 Limited 0 Generai
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
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CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California .
~~
On I" ~ ~tf
Brian K. Laidlaw
before me,
"'b~
County of
personally appeared
"'~("~S.",,(,)
'~ersonally known to me
0 proved to me on the basis of satisfactory
evidence
:o====~=~==="oo
LIZ GROMAN I
COMM.# 1298761 ~
NOTARY PUBLIC-CAliFORNIA ~
SAN DIEGO COUNTY ~I
My Comm. Exp. A :>riI25. 2005
:.::====,,=::===c~
to be the person(AI¡ whose name~ is/a~
subscribed to the within instrument and
acknowledged to me that he/sltelthey executed
the same in his/hfH'l!heir authorized
capacity(iai:¡), and that by his/he<l!l!eir
signature~ on the instrument the person(1 , or
the entity upon behaif of which the person~
acted, executed the instrument.
WITNES
OPTIONAL
Though the info,,"ation below is not required by law. it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this fa,," to another <mcumsn/.
Description of Attached Document
Titie or Type of Document: ~ ~ ~ ~.
Document Date: ~ dfJ'O'f' Number of Pages: --
Signer(s) Other Than Named Above: ~ ~
Capacity(ies) Claimed by Signer
Signer's Name: Brian K. Laidlaw
,
T,p ""humb hs"
0 Individual
¡5. Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attomey-In-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:NrJ¡J'T~~ &d.,.~
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1-'15
Exhibit "A"
Legal Description of Property
Lots I through 5 together with lots A through R of Chula Vista Tract No. 99-04, San Miguel Ranch
Phase 3 "A" Map No. I according to Map thereof No. fIled in the Office of
the County Recorder of San Diego County, State of California on , 2004 as File No.
of Official Records.
q -'-/6
Exhibit "ß"
List of Securities
Improvements Bond Amount Bond Drawing
Numbers Numbers
San Miguel Ranch Phase ill $6,018,719 SU5009297 03- 047
Grading Plans SMOllG
San Miguel Ranch Phase ill Backbone $324,715.50 SUSOO9295 03-078
Improvements
SM 014C (Faithful Performance and Labor
& Materia])
San Miguel Ranch Phase ill Slope $10,999,377.92 SUSO09301 03-120
Landscape and Irrigation Improvements
FACILITY NO.3 $1,317,028 SU5009296 03.077
Construct San Miguel Ranch Road
(Faithful Performance and Labor &
Materia]) SR-125 to Proctor Vallev
FACILITY NO.6 $208,212 SU5006594 04-039
Construct Proctor Valley Road to the
designed full-width street improvements
(Faithful Performance and Labor &
Materia])
San Miguel Ranch Phase 3 Walls, Fences $5,996,240.16 SUSO09300 04-054
and Trails including:
. FACILITY NO. 15 Construct a
five-foot (5') wide community trail
of stabilized decomposed granite
. FACILITY NO. 16 Construct a
five-foot (5') wide community trail
of stabilized decomposed granite
. FACILITY NO. 17 Construct a
five-foot (5') wide community trail
of stabilized decomposed granite
. FACILITY NO. 20 Construct a ten-
foot (10') wide regional trail of
stabilized decomposed granite
. FACILITY NO. 21 Construct a ten-
foot (10') wide equestrian trail of
stabilized decomtJosed granite
J:\EngineerILANDDEV\Projects\San Miguel RanchIPhase III A Map\SSIA for Phase III 7-20-04.doc
q -"/7
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Do-- '7. ,I-
Ann Moore
City Attorney
'1 ... z.-" - ()IJ
Dated: T C ,
San Miguel Ranch Phase 3 Basin
Maintenance, Grading Mitigation,
And Erosion, Sedimentation and NPDES Compliance
Agreement
q-Lj2
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
File No: SM-O12F
SAN MIGUEL RANCH BASIN MAINTENANCE, GRADING MITIGATION, AND
EROSION, SEDIMENTATION AND NPDES COMPLIANCE AGREEMENT
(Conditions 8, 15, 63, 67, 73, 90e, 97, and 179
of San Miguel Ranch CVT 99-04)
This agreement ("Agreement") is entered into , 2004
and effective as of the date last executed by the parties, by and
between the City of Chula Vista, a California Municipal Corporation
("City"), and NNP-Trimark San Miguel Ranch, LLC, A Delaware Limited
Liability Company ("NNP-Trimark" or Developer"), with reference to
the facts set forth below, which recitals constitute a part of the
Agreement:
RECITALS
A. Developer owns approximately 263 acres ("Project") of that
certain real property, as more particularly described in Exhibit
"A" (Property Description) and as shown on Exhibit "A-I", commonly
known as San Miguel Ranch (Chula Vista Tract 99-04).
B. On October 19, 1999, the Chula Vista City Council,
pursuant to Resolution No. 19631 and in accordance with the
California Environmental Quality Act ("CEQA") (Pub. Resources Code
Section 21000 et seq.), certified the Subsequent Environmental
Impact Report for San Miguel Ranch ("EIR"), made certain Findings
of Fact, adopted a Mitigation Monitoring and Reporting Program, and
adopted a Statement of Overriding Considerations.
9-'Q
C. On February 29, 2000, the City Council approved a Tentative
Map Tract for San Miguel Ranch by Resolution No 2000-68 ("CVT 99-04
Tentative Map" or ~Tentative Map").
D. Condition Number 8 of the CTVT 99-04 Tentative Map, as
more particularly set forth on Exhibit ~C" provides that the
Developer may apply for a permit to do work on the property prior
to the approval of a final map. If said permit application is
approved, and the developer proceeds with the work, all work
performed by the developer prior to the approval of the applicable
Final Map shall be at the Developer's own risk. Said permits do
not constitute a guarantee that subsequent submittals (i.e. Final
Map and improvement plans) will be approved.
E. Condition Number 15 of the Project's Tentative Map, as
more particularly set forth on Exhibit ~C", requires the Developer
to enter into an agreement to implement all applicable mitigation
measures identified in FSEIR 97-02m the CEQA Findings of Fact and
the Mitigation Monitoring and Reporting Program.
F. Condition Number 63 of the CVT 99-04 Tentative Map, as more
particularly set forth on Exhibit "C" requires Prior to approval of
each final Map, demonstrate the adequacy of existing detention
facilities or construct runoff detention facilities upon the
request of the City Engineer, to assure that the maximum allowable
discharges after development do not exceed pre-development
discharges, all to the satisfaction of the City Engineer. The
developer shall provide for the future maintenance of the detention
basin facilities through the establishment of a landscaping
maintenance district, or other mechanism as approved by the City.
G. Condition Number 67 of the CVT 99-04 Tentative Map, as more
particularly set forth on Exhibit "C", requires that the developer
shall comply with all the provisions of the National Pollutant
Discharge Elimination System (NPDES) and the Clean Water Program
during and after all phases of the development process, including
but not limited to: mass grading, rough grading, construction of
street and landscaping improvements, and construction of dwelling
units.
H. Condition Number 73 and 90 e, of the CVT 99-04 Tentative
Map, as more particularly set forth on Exhibit "C", requires that
the Developer enter into an agreement with the City wherein the
City is held harmless from any liability from erosion, siltation or
increase in flow of drainage resulting from the Project.
I. Condition Number 97 of the CVT 99-04 Tentative Map, as more
particularly set forth on Exhibit "C", requires that if a funding
mechanism such as a Community Facilities District (CFD) is not
formed for the perpetual maintenance of open space, detention
I) C/'1
~1- :J'(/
basins and water quality facilities, that the Developer either
provide the City an endowment or obligate the Home Owner's
Association to maintain said improvements, including but not
limited to all costs to comply with the Department of Fish and Game
and the U.S. Army Corps of Engineers permit requirements, if any.
J. Condition number 179 of the Project's Tentative Map, as
more particularly set forth in Exhibit ~C", requires the Developer
to comply with applicable regulations established by the United
States Environmental Protection Agency as set forth in the NPDES
permit requirements for Urban runoff and storm water discharge and
any regulations adopted by the City of Chula Vista pursuant to the
N.P.D.E.S. regulations or requirements. Further, the applicant
shall file notice of intent with the State Water Resources Control
Board to obtain coverage under the N.P.D.E.S. General Permit for
Storm Water Discharges Associated with Construction Activity and
shall implement a Storm Water Pollution Prevention Plan (SWPPP)
concurrent with the commencement of grading activities. The SWPPP
shall include both construction and post construction pollution
prevention and pollution control measures and shall identify
funding mechanisms for post construction control measures.
K. The Developer has applied for and seeks approval of a
Land Development Permit (Grading Permit) prior to the approval of a
final map and a Supplemental Subdivision Improvement Agreement for
the Project.
J. Developer has proposed on plans submitted to the City
that certain permanent and temporary desilting basins, slope
protection and other erosion control measures, as shown on Chula
Vista Drawing Number 03-047 (~Grading Plans") are adequate to meet
the water quality, drainage and sedimentation control requirements
of the Conditions for the grading proposed for the project on said
Grading Plans.
K. Developer has proposed the following reports wherein the
Developer warrants that the proposed grading design for the project
with implemented maintenance plans are adequate to meet the water
quality, drainage and sedimentation control requirements of the
Conditions for the project:
1. ~Detention basin operation and maintenance
plan for San Miguel Ranch Phase III, northwest
detention basin", prepared by Hunsaker and
Associates dated 5/6/04, and
~Detention basin operation and maintenance
plan for San Miguel Ranch Phase III, Mt.
Miguel detention basin, prepared by Hunsaker
and Associates dated 6/14/04, and
Water Quality Technical Report prepared by
Hunsaker and Associates and
2.
3.
'I-51
4.
~Geotechnical Evaluation of Private Detention
Basin", prepared by Pacific Soils Engineering
dated March 25, 2004, and
Hydrology Study for San Miguel Ranch Phase
III, by Hunsaker and Associates dated 4/15/04,
and,
Addendum to ~San Miguel Ranch Detention Basin
analysis" Detention Basin analysis for San
Miguel Ranch West detention basin" by
Hunsaker and Associates dated 1/13/03, and
Addendum to ~Detention Basin analysis for San
Miguel Ranch San Miguel Ranch Phase 111- West
detention basin calculations" by Hunsaker and
Associates dated 6/14/04,
5.
6.
7.
NOW THEREFORE BE
follows:
IT RESOLVED
that
the
Parties
agree
as
1.
Defined Terms
1.1 ~Complete Construction" shall mean that all construction
of the improvements have been complete as determined by
the City Engineer.
1.2 ~Interim Measures" shall mean any sedimentation control
measures, erosion control measures, storm water runoff
pollution control measures, which are not specifically
shown in-place on the approved Grading Plans for the
Project but which are required by the Project's
conditions of Approval and Mitigation Measures, the storm
water pollution prevention plan or determined by the City
Engineer to be necessary, to protect downstream
properties, adjacent areas and sensitive habitats until
the Land Development is completed or Permanent Measures
are installed.
1. 3 ~Permanent Measures" shall mean any erosion,
sedimentation or storm water pollution control measure
that is determined by the City Engineer to be adequate to
provide protection for at least one (1) year, with normal
and routine maintenance, of downstream properties,
including sensitive habitat and open space, from erosion,
sedimentation or polluted runoff. Permanent Measures
shall include:
1.3.1.1 all water quality facilities as shown on the
approved grading plans including the basins
as shown on Exhibit ~A-2" and adjacent water
quality facilities
1.3.1.2 slope planting or hydroseeding as shown on
the approved Slope Erosion Control Landscape
and Irrigation Plans approved by the City
for the Project.
9-6'2
1.4
"Maintain" or "Maintenance" shall mean to furnish, or the
furnishing of, services and materials for the ordinary
and usual maintenance required for the operational
integrity of any Interim or Permanent Measure as may be
required for the perpetual operation of said measures.
"Land Development", "Grade", "Grading", "Rough Grading",
"erosion", shall all have the same definitions as found
for these terms in the Chula Vista Grading Ordinance,
Chula Vista Municipal Code Chapter 15.04.
"Project" shall mean Phase 3 of San Miguel Ranch Tract
99-04 as depicted on Exhibits "A" and "A-I".
1.5
1.6
2. Construction. Developer agrees to construct private temporary
erosion control" desilting basins ("Temporary Basins") and the
permanent detention basins within Lots "0" and "J" of San Miguel
Ranch Phase 3 "A" Map No.1, Chula Vista Tract No. 99-04 ("Permanent
Basins") to control the quantity and quality of runoff from the
proj ect during and after the Land Development as shown on the
approved grading plans upon the request and at the direction of the
City Engineer. Developer further agrees to complete construction
of such basins no later than thirty (30) days after completion of
rough grading for and portion of the Project area draining to the
temporary or permanent basins.
3.
Basin Operation and Maintenance
3.1 Temporary Basins. Developer shall operate and maintain
each temporary basin shown on the Grading Plans until such time as
all of the land area that drains into each basin is developed,
landscaped or otherwise permanently protected from erosion, as
determined by the City Engineer.
3.2 Permanent Basin. The permanent detention basins within
Open Space Lots "J" and "0" of Subdivision Map No. more
particularly described on Exhibit "B", shall be maintained by the
Developer to the satisfaction of the City Engineer.
3.3 Basin Maintenance and Monitoring. Maintenance of each
Temporary Basin and Permanent Basin shall include the removal of
silt, pollutants, sediment and debris, the repair of embankments,
outlet structures, velocity control devices, Water Quality
improvements and any other work as directed by the City Engineer
in order to assure the proper functioning of these facilities. The
operation of Temporary and Permanent Basins shall comply with all
the provisions of the National Pollutant Discharge Elimination
System (N.P.D.E.S.) permit requirements, including the requirements
of the N.P.D.E.S. General Permit for Storm Water 'Discharges
Associated with Construction Activity. The Developer understands
and agrees that Developer shall be solely responsible for the
maintenance and operation of all storm drain facilities and
c¡ -53
appurtenances shown on the Grading Plans in perpetuity. Developer
shall at a minimum comply with the maintenance and monitoring
activities are outlined in the detention basin operation and
maintenance plans listed in recital "K" above. Developer shall at
all times provide all environmental permits necessary to maintain
basins an provide an annual report of all monitoring and
maintenance operations within 30 days of a request of the City
Engineer.
4. Inter~ Measures. The Developer understands and agrees that
if, during the grading of the Project, and based solely on the
determination of the City Engineer that a condition exists which
threatens downstream properties, adjacent areas or sensitive
habitats with erosive storm water velocities, contaminated runoff,
excessive sedimentation or noise impacts, the City Engineer may
order, in accordance with City Department of Public Works standard
practices, that all grading operations immediately cease and desist
or that certain Interim Measures as approved by the City Engineer
be installed immediately. The Developer further understands and
agrees that all grading operations may be halted until Developer
installs the Interim Measures to the satisfaction of the City
Engineer.
5. Maintenance of Erosion, Sedimentation and Po11ution Contro1
Measures. The Developer agrees to maintain all temporary and
permanent, erosion control, sedimentation control, storm water
runoff pollution control measures, including those Interim Measures
installed at the Direction of the City Engineer, during and after
completion of Land Development, until released from the
responsibility to maintain in accordance with Section 3.2 and 3.3
above. The developer agrees to conduct all Land Development in
conformance with the (N.P.D.E.S) permit requirements, including the
requirements of the N. P. D. E. S. General Permit for Storm Water
Discharges Associated with Construction Activity and to implement
and maintain all Best Management Practices described in the
Project's approved (SWPPP). Developer understands and agrees that
Developer is responsible for obtaining all necessary permits,
approvals and certifications, if any, from the applicable federal
or state agencies, including but not limited to California
Department of Fish and Game and/or the U.S. Army Corps of
Engineers. The Developer further agrees to annually demonstrate to
the satisfaction of the City Engineer compliance with all of the
applicable provisions of the Municipal Code and the adopted City of
Chula Vista's Storm Water Management Standards Requirements Manual,
which includes the Local SUSMP. The Developer shall incorporate
into the project planning and design effective post-construction
(BMP's) and provide all necessary studies and reports demonstrating
compliance with the applicable regulations and standards. BMP's
shall be identified and implemented that specifically prevent
q -5'/
pollut~on of storm drain systems to the Maximum Extent Practicable
(MEP) .
6. Mîtigation Monitoring and Reporting Program measures (FSEIR
97-02). Developer hereby agrees to comply with the following with
reference to grading on the Property:
6.1 Measure No.9 - To design and construct all new and
proposed parking lots and developed areas in and adjacent to the
natural open space so that runoff does not drain directly into the
open space. All developed and paved areas must prevent the release
of toxins, chemicals, petroleum products, exotic plant materials,
and other elements that might degrade or harm the natural
environment or ecosystem. The developer agrees to use a variety of
methods to accomplish this including natural detention basins,
grass swales, or mechanical trapping devices. These systems should
be maintained approximately once a year, or as often as needed, to
ensure proper functioning. Maintenance should include dredging out
sediments if needed, removing exotic plant materials, and adding
chemical-neutrali zing compounds (e. g. clay compounds) when
necessary and appropriate.
6.2 Measure No. 16 - To utilize only heavy-duty construction
equipment with modified combustion/fuel injection systems for
emissions control during grading and construction.
6.3 Measure No. 17 - To hydroseed, landscape, or develop
disturbed areas as directed by the City to reduce dust generation.
6.4 Measure Nos.18 and 19 - To cover trucks hauling fill
material and enforce a 20 mile-per-hour speed limit on unpaved
surfaces.
6.5 Measure No. 20 - To water graded areas twice a day to
control dust. Other mitigation measures shall be considered and
implemented upon City approval. Such measures may include, but are
not limited to, phasing grading so relatively smaller areas are
exposed and revegetating graded areas as rapidly as possible.
6.6 Measure No.
mitigation measures:
21
To
implement
the
following
noise
6.6.1 Construction shall be limited to the hours of
7:00 a.m. to 6:00 p.m., Monday through Friday and
between 8:00 a.m. and 6:00 p.m. on Saturday.
6.6.2 The proj ect contractor shall use power
construction equipment with state-of-the-art noise
shielding and muffling devices.
9-:55
6.6.3 Temporary noise barriers, such as wooden
barrier walls, mufflers, and noise attenuating
devices shall be employed to reduce noise generated
during construction.
6.7 Measure No. 39 - To retain, pursuant to the "Treatment
Plan and Research Design for the Mitigation of Impacts to
Significant Sites at Rancho San Miguel" (by Brain F. Smith
Associates dated April 23, 1998), a qualified archaeologist on-site
who shall monitor the grading of the Project and any related off-
site utility improvements to ensure that any significant deposits
or artifacts not identified during the evaluation phase may be
analyzed prior to the destruction of the archaeological sites.
6.8 Measure No. 41 - To divert, at the direction of the
monitoring archaeologist, grading from any new or previously
undetected portions of an archaeological site encountered during
the grading of the Project or related improvements, to allow the
site to be evaluated for importance. If the site is found to be
unique, grading impacts would be considered significant and must be
mitigated to below a level of significance as described in: -A
Treatment Plan and Research Design for the Mitigation of Impacts to
Significant Sites at Rancho San Miguel", or by preservation of the
site.
6.9 Measure No. 43 - To retain a qualified paleontologist who
shall monitor all initial cuts in areas identified as potentially
containing fossilliferous forming strata. The paleontologist shall
be authorized to divert grading to allow for collection of
appropriate materials.
Developer further acknowledges and agrees that in the event
that the City's Environmental Review Coordinator determines that
the applicable Mitigation Monitoring and Reporting Program (N-4RP)
measures are not being implemented at the appropriate times and
locations within the Project area, a notice to cease and desist all
Land Development work will be issued in accordance with City
Department of Public Works standard practices and shall remain in
effect until such time as the Environmental Review Coordinator of
the City of Chula Vista has determined that said applicable
measures have been and will continue to be implemented per the
requirements of the MMRP.
7. Securities. Developer shall provide the City with maintenance
securities, as set forth below, to guarantee Developer's
Maintenance obligations hereunder.
7.1 Cash Deposit. Developer has provide the City with a cash
deposit to guarantee Developer's Maintenance obligations and
installation of Interim Measures in a timely manner under Sections
q-5?
3, 4,and 5 of this Agreement in the sums set forth in Exhibit "D".
City shall hold the Security Deposit for the duration of
Developer I s Maintenance obligations hereunder, and expend such
deposit solely for purposes in the performance of such obligations
including installation and/or maintenance of Interim Measures in
accordance with Sections 3, 4 and 5. In the event of Developer's
defaul t in the performance of its Maintenance obligations or
installation of Interim Measures, the Developer shall be given 24
hours notice to begin correction and shall diligently pursue
completion of measures to correct the default or the City has the
option in its discretion to perform the required Maintenance or
installation of Interim Measures should Developer default under its
obligations or fail to diligently pursue completion of measures, as
determined by the City Engineer. Developer agrees to pay to the
City any difference between the total costs incurred by the City to
perform such Maintenance and installation work, and any proceeds
from the Cash Deposit.
Should the City expend the Cash Deposit due to
Developer's default of its performance obligations, Developer
agrees to redeposit the equivalent sum of money needed to equal the
amount required by this Agreement, as set forth in Exhibit "D",
within 30 days of the City's request for such deposit. The City
shall retain all interest earnings on the Cash Deposit during this
period.
7.2 Bonds. Prior to issuance of the first Grading Permit for
the Proj ec~eveloper shall provide the City with bonds for a
series of one year terms starting from the date of issuance of the
grading permit in connection with Chula Vista Drawing No. 03-047,
in order to guarantee performance of its basin Maintenance
obligations under Section 3 of this agreement in the amounts more
fully set forth in Exhibit "0". The Maintenance Bond(s) shall be in
a form approved by the City Attorney. The City Engineer will review
the security provided herein every year prior to expiration
thereof. The City acknowledges that bonds are issued for a one
year period, however, it shall be the responsibility of Developer
to ensure that at all times while Developer has outstanding
obligations under this Agreement, security as required herein will
be valid and in full force and effect. Developer understands and
agrees that the City shall not issue building permits for the
Project if the bonds or Cash Deposit are determined by the City to
be insufficient or said bonds have not been renewed.
At the bond renewal time, the City Engineer may reduce
the bond requirement by an incremental amount determined by the
City Engineer to reflect a reduction in Developer's Maintenance
obligations. In addition, Developer may request that another form
of equivalent security, such as a letter of credit or cash,
acceptable to the City in its sole discretion, be substituted for
9-57
the bonds described herein. Developer acknowledges and ~grees that
such reduction and substitution is in the sole discretion of the
City.
8. Developer's Acknowledgment. With the execution of this
Agreement the Developer acknowledges and agrees, in partial
satisfaction of Condition No.8 of the Resolution, that all work
performed by the Developer prior to approval of the applicable
final map shall be at Developer's own risk and that subsequent
submittals (i.e., final maps and improvement plans) may require
extensive changes, at Developers cost, to work done under any
permit issued prior to the approval of a final map.
9. Building Permits. Developer acknowledges and agrees that the
performance of Developer's obligations hereunder is required for
the health and safety of the residents of the City of Chula Vista.
Therefore, the Developer agrees that the City shall have the
absolute and unfettered right to withhold the issuance of any
building permit for any residential units within the Project if the
Developer is determined by the City not to be in compliance with
the terms of this Agreement. Except for Sections 6 and 7.1, which
have an optional 24-hour notice to begin correction period, if
Developer is determined by the City not to be in compliance with
any term of this Agreement, the City shall notify Developer of
Developer's noncompliance and provide the Developer with 30 days to
cure said noncompliance.
9.
Successors - Release
9.1. 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 real property, described herein as the proj ect,
until released by the mutual consent of the parties or as
otherwise provided in the Agreement.
9.2 Agreement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the
benefit of the proj ect 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
q -,:;/15
proceedings to enforce the curing of such breach to which it
or any other beneficiaries of this agreement and the covenants
may be entitled.
9.3 Release of Individual Lots. Each lot or parcel
encumbered by this Agreement may, in the City Manager's (or
Manager's designee) discretion, be released from the
encumbrance hereof upon the issuance of a building permit in
conformance with the Tentative Map and/or Final Map with
respect to such lot or parcel or upon the conveyance of any
such lot or parcel to a homeowner or homeowners association.
The City Manager (or Manager's designee) shall not withhold
consent to such release so long as the City Manager (or
Manager's designee) in good faith finds that the Developer is
in compliance with the terms of this Agreement and that such
partial release will not jeopardize the City's assurance that
the obligations set forth in this Agreement will be performed.
Notwithstanding the foregoing, at the close of an individual
homeowner's escrow on any lot or parcel encumbered by this
Agreement, or the conveyance of such lot or parcel to a
homeowner's association, such lot or parcel shall be
automatically released from the encumbrance hereof. In the
event the City Manager (or Manager's designee) agrees to the
Release, or escrow closes on any individual homeowner's lot or
parcel or any homeowner's association lot or parcel, at the
request of Developer or any successor in interest who owns any
such lot or parcel, the City Manager (or Manager's designee)
shall execute an instrument drafted by Developer in a
recordable form acceptable to the City Attorney which confirms
the release of such lot or parcel from the encumbrance of this
Agreement.
9.4 Transfer to Homeowners Association. Developer shall
have the right to transfer the permanent obligations under
this agreement to San Miguel Ranch Master Association ("Master
Association") by an instrument whereby the Master Association
assumes such permanent obligations. "Permanent obligations"
include those obligations set forth in Sections 3.2, 3.3 and 5
(other than Interim Measures) and 10. From and after the date
the Master Association assumes such permanent obligations,
Developer shall be released from the same provided that each
of the following has been satisfied:
(i) The Master Association Accepts Obligation. The
Master Association has unconditionally accepted and
assumed all of such permanent obligations in writing in
a transfer document ("Transfer Document"), with the
Transfer Document providing that the burden of such
permanent obligations remain covenants running with the
land. The form of the Transfer Document shall have been
1-51
approved by the appropriate governing body of the Master
Association by resolution or similar procedural method
and approved as to form and content by the City
Attorney. The City shall not unreasonably withhold its
consent to such Transfer Document.
(ii) Master Association's Master Declaration. The City
has reviewed and approved the Master Association's
recorded Master Declaration to confirm that said
document contains appropriate maintenance, indemnity
and insurance provisions. The City hereby acknowledges
that it has so approved the Master Declaration. This
condition" (ii)" will apply to any further amendments
which require City's consent pursuant to provisions of
the Master Declaration or which would be contrary to
the terms of this Agreement.
(iii) Master Association Insurance. The Master
Association procures (or has procured) and formally
resolves to maintain at its sole cost and expense,
commencing no later than the City's release of all of
Developer's bonds required by this Agreement, a policy
of public liability insurance which at least meets the
requirements of Section 5.1 (a) of the Master
Declaration which reads as follows:
"(a) General Liability Insurance. The Master
Association shall obtain a comprehensive general
liabili ty and property damage insurance policy
insuring the Master Association and the Owners
against liability incident to ownership or use of
the Master Association Property. The limits of such
insurance shall not be less than $3 Million
covering all claims for death, personal injury and
property damage arising out of a single occurrence.
The insurer issuing such insurance shall have
rating by A.M. Best of "A, Class V" or better with
no modified occurrences and as admitted by Best's
Insurance Guide. Such insurance shall include the
following additional provisions provided they are
available on a commercially reasonable basis:
(i) The City of Chula Vista shall be named as
an additionally insured party to such
insurance pursuant to the City's requirements
the Master Association do so;
(ii) The policy shall not contain a
cross-suit exclusion clause which would
abrogate coverage should litigation ensue
between insureds;
(iii) The policy shall contain the following
rJ rr¡
7-<:::;u
severability clause (or language which is
substantially the same): '" The coverage
shall apply separately to each insured except
with respect to the limits of liability'."
The Master Association shall provide the City
with a Certificate of Insurance upon
acceptance of the Transfer Document.
(b) Release. When all conditions precedent in
Paragraph 9.4 are fulfilled, Developer shall
be released from its permanent obligations
under this Agreement, including its security
and insurance requirements. Developer
acknowledges that it has a contractual
obligation to perform the terms and conditions
of this Agreement until and unless released by
the City from this Agreement. At least sixty
(60) days prior to such transfer of permanent
obligations, Developer shall give a notice to
the City of Developer's intent to transfer its
permanent obligations herein and provide the
City with the appropriate documents listed in
Paragraph 9.4.
10.
Miscellaneous Provisions.
10.1 Attorneys' Fees. In the event that either
Party commences litigation for a specific performance or damages
for breach of this Agreement, the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorneys' fees and court costs incurred. The
prevailing party shall be deemed to be the party who is awarded
substantially the relief sought.
10.2 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 Developer's obligations described herein. Developer further
agrees to protect and hold the City, its officers and employees,
harmless from any and all claims, demands, causes of action,
liability or loss of any sort, because of or arising out of acts
or omissions of Developer, its agents or employees, or
indemnitee, related to the Developer's obligations described
herein. The approved improvement securities referred to above
shall not cover the provisions of this paragraph. Such indemni-
fication 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
Page 13
q-6/
result of Developer's maintenance activities as provided herein.
It shall also extend to damages resulting from diversion of
waters, change in the volume of flow, modification of the
velocity of the water, erosion or siltation, or the modification
of the point of discharge as the result of the Developer's
obligations described herein. The approval of plans for the
Developer's obligations described herein and any related
improvements shall not constitute the assumption by City of any
responsibility for such damage or taking, nor shall City, by
said approval, be an insurer or surety for the Developer's
obligations described herein and any related improvements. The
provisions of this paragraph shall become effective upon the
execution of this Agreement and shall remain in full force and
effect regardless of the City's acceptance of any improvements
within Project as described herein.
10.3 Entire Agreement. This Agreement, together with
any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between
the parties relating to the subject matter hereof and any and
all other prior or contemporaneous oral or written agreements
are hereby superseded. This Agreement may be amended, but
only pursuant to a written amendment properly authorized and
executed by both parties hereto.
10.4 Compliance with Laws. In the performance of its
obligations under this agreement Developer shall comply with
any and all applicable federal, state and local laws,
regulations, policies, permits and approvals.
10.5 Recitals and Exhibits. Recitals set forth above
and all attached Exhibits referred to herein are hereby
incorporated herein by this reference.
10.6 Term. This agreement shall remain in effect for so
long as either party has executory obligations hereunder.
10.7 Recording. The parties hereto shall cause this
Agreement to be recorded in the Official Records of the
County of San Diego.
10.8 Assignment. The obligations of the Developer under
this Agreement shall not be assigned in whole or in part,
without the express written consent of the City.
10.9 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.
Page 14
<1'-{Ó2-
10.10 Termination. Upon the termination of this
Agreement pursuant to Section 7 hereof, at the request of
Developer or any successor in interest who owns any portion
of the Project encumbered by this Agreement, the City shall
execute an instrument prepared by Developer and in a form
acceptable to the City Attorney in recordable form which
evidences the termination of this Agreement and confirms the
release of the Project from the encumbrance of this
Agreement.
10.11 Force Maleure Except with respect to any
obligation to pay money or post securities when due, no party
hereto shall be liable for any delay or failure to perform
this agreement caused by Force Majeure. As used herein, the
term Force Majeure shall mean acts of God; strikes; walkouts;
labor disputes or disturbances; war; blockage; insurrection;
riot; earthquakes; typhoons; hurricanes; floods; fires;
explosions; or other similar circumstances beyond the
reasonable control of such party. In the event of Force
Maj eure likely to cause any such delay or failure, the
parties suffering such Force Majeure shall give notice to the
other party hereto, stating the particulars of such Force
Majeure and shall to the extent it is capable of doing so,
remove such cause with all reasonable dispatch, except that,
no party shall be required to settle any strike, walkout,
labor dispute or disturbance by acceding to the demands of
the opposing party when such course is deemed inadvisable by
such party.
[NEXT PAGE IS SIGNATURE PAGE
J: \Engineer\LANDDEV\Proj ects\San Miguel Ranch\Phase III A Map\BasinAgmt FINAL.doc
Page 15
Q-fc3
(Signature Page One of Two Pages)
SAN MIGUEL RANCH WATER QUALITY BASINS,
DESILTATION AND NPDES COMPLIANCE AGREEMENT
(Conditions 8, 15, 63, 67, 73, 90e, 97 and 179 of San Miguel
Ranch CVT 99-04)
IN WITNESS WHEREOF, the parties have entered
Agreement as of the day and year first above written.
into
this
CITY OF CHULA VISTA
A Municipal Corporation
Stephen C. Padilla
Mayor of the City of Chula Vista
Attest:
Susan Bigelow
City Clerk
Approve as to Form
Ann Moore
City Attorney
Dated:
q -61
Page 16
(Signature Page Two of Two Pages)
SAN MIGUEL RANCH WATER QUALITY BASINS,
DESILTATION AND NPDES COMPLIANCE AGREEMENT
(Conditions 8, 15, 63, 67, 73, 90e, 97 and 179 of San Miguel
Ranch CVT 99-04)
NNP-TRIMARK SAN MIGUEL RANCH, LLC,
A DELAWARE LIMITED LIABILITY COMPANY
BY <M~
NAME: ~f~~.\k~
T I TL E V\'<:.. oQ.... <V If"'Q 0,.. .
c!/f!a~/ ¿~
BY
NAME:
Brian K. Laidlaw
TITLE
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Page 17
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California }
County of Ov II-- "- f-J ss.
On Î \ \ 11/ /)1-1 betoreme,J. WðvvJ V\ ot~J\'~ ~~k,,)( (...,
personaliy appeare:" ~tf kt "- ?-. ++~'~~i~::o'o.œ'("'J~ œ,No~.P,."
~SOnaIiY known to me
0 proved to me on the basis of satisfactory
evidence
to be the perso~ whose nameM isla<'!!
subscribed to the within instrument and
acknowiedged to me that he/shettt'!!!y executed
the same in his/h1m'tt11;iT- authorized
capacity(i~ and that by his/~
signatui((~ the instrument the personJsj,. or
the entity upon behaif of which the person(~
acted, executed the instrument.
J- - - - - - - - - - -
8. J. WARD .,
- Commission # 1412465
Notary PuÞJic .. CaRro,"",
Orange Caunly
MvComm. Expjres ~r 30,2007
OPTIONAL
Though the inlormadon below is not required by law. it may prove valuable to persons relying on the document and could prevent
lreudulent removal and rea"achment 01 this lorm to a""ther document.
Description of Attached Document
Titie or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity{ies) Claimed by Signer
Signer's Name:
Tcp of th,mb h",
0 Individual
0 Corporate Officer - Titie(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing:
.19" No""e" Noto.""","'" . 935() 00 SoroAoo.. P.o. B,,"""Oh"~"', CA"31~24C2'-.""".eoto..o,
Roo." 0"'7011-'_'-800-37&;;"7
9-17;;'
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California .
County of ~ ~
} ss.
On /lJuty~r.f beforeme,~~!.,~,~
personally appeared Brian K. Laidlaw
N~'(')ors.",),)
á¡¡ersonally known to me
0 proved to me on the basis of satisfactory
evidence
cc=~=~==aa~=a~=~~~
I LIZ GROMAN I
. COMM..1298761 ~
2 NOTARY PUBlIC-cAlIFORNIA I'!
.. r/J SANDIEGOCOUNTY .
I '/ MyComm. Exp. A >fiI 25. 2005 I
oc~===o=~===~~ Ceo
to be the person( } whose name~ is/a4-
subscribed to the within instrument and
acknowledged to me that he/~ executed
the same in his/hMlliteir authorized
capacity(.), and that by his/'-AAeir
signature~n the instrument the person~ or
the entity upon behaif of which the person(~
acted, executed the instrument.
WITNE
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudutent removal and rea"achment of this form to another document.
Description Of~~, ~ } . /.
Title or;:¿ Nr¡¡OU;¡;~'~ , I~' ~~
::::~:~~:::Than Name~e: ~j ~ Number of Pages
Capacity(ies) Claimed by Signer
Signer's Name: Brian K. Laidlaw
0 individuai
~ Corporate Officer - Titie(s):
0 Partner - 0 Limited 0 Generai
0 Attorney-in-Fact
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0 Guardian or Conservator
0 Other:
Signer Is Representing: ¡J,¡¡J- ~ ~~ ~ I-£G
,
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.""N",""N"'"""""""""'50D,SoIDA",,P.O.""'2<02'Ch"'~"".CA"313.2<02'~.""",, OO"".0.
Prod. No. 5907
A~.,,"" 1b".F.."-800-87""'7
q-c,7
LIST OF EXHIBITS
Exhibit "A"
Legal Description (San Miguel Ranch Phase 3)
Exhibit "A-l"
Location plat
Exhibit "B"
Water Quality Basin Locations
Exhibit "C"
Conditions Nos. 63, 67, 73 and 97 of CVT 99-04
Tentative Map
Exhibit "D"
List of Improvement Securities; purpose and
amount
Cf-blr
Page 18
EXHIBIT
"A"
PROPERTY DESCRIPTION
SAN MIGUEL RANCH WATER QUALITY BASINS,
DESILTATION AND NPDES COMPLIANCE AGREEMENT
(Conditions 63, 67,73 & 97 of San Miguel Ranch CVT 99-04)
Lots 1 through 5 together with Lots "A" though "R" of Chula Vista
Tract 99-04, San Miguel Ranch Phase 3 "A" Map No.1 in the City of
Chula Vista, the County of San Diego, State of California
according to map thereof no. filed in the office of
the County Recorder of San Diego County on
C¡-b9
Page 19
EXHIBIT" A -1 "
CHULA VISTA TRACT NO. 99-04
! SAN MIGUEL RANCH PHASE 3 "A" MAP NO.1
~ LOCATION PLAT
11- lATER
-QA QUALITY
~ ~~
NO SCALE
COUNTY OF SAN DIEGO
. HUNSAKER
~ ~?f~TES
I'INN'IC ..... ....... "-
INCINIIII<C ... ...... C. 9l1ZI
SUI'IEYI<C_._,.,.
R:\O35I\_p\&h¡lrit.\aDel s..Jn/ ExIt A-1.dog[ 1275)Ju1-20-2OIU:O8:<7
CfTY OF CHUu. iIISTA
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I
Q-70
EXHIBIT "BIT
CHULA VISTA TRACT NO. 99-04
SAN MIGUEL RANCH PHASE 3 "A" MAP NO.1
WATER QUALITY BASIN LOCATIONS
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Mt. Miguel Detention Basin
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Northwest Detention Basin
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EXHIBIT
"c"
SAN MIGUEL RANCH WATER QUALITY BASINS,
DESILTATION AND NPDES COMPLIANCE AGREEMENT
(Conditions 8, 15, 63, 67, 73, 97, and 179 of San Miguel Ranch
CVT 99-04)
8. If developer desires to do certain work on the property
after approval of the tentative map but prior to recordation of the
applicable final Map, they may do so by obtaining the required
approvals and permits from the City. The permits can be approved
or denied by the City in accordance with the City's Municipal Code,
regulations and policies. Said permits do not constitute a
guarantee that subsequent submittals (i.e., final Map and
improvement plans) will be approved. All work performed by the
developer prior to approval of the applicable final Map shall be at
Developer's own risk. Prior to permit issuance, the Developer
shall acknowledge in writing that subsequent submittals (i. e. ,
final Map and improvement plans) may require extensive changes, at
Developers cost, to work done under such early permit. Prior to
the issuance of a permit, the Developer shall post a bond or other
security acceptable to the City in an amount determined by the City
to guarantee the rehabilitation of the land if the applicable final
Map does not record.
15. Prior to approval of each final Map, the Applicant shall
enter into a supplemental subdivision agreement to implement, to
the satisfaction of the Director of Planning and Building, all
applicable mitigation measures identified in FSEIR 97-02, the CEQA
Findings of Fact and the Mitigation Monitoring and Reporting
Program for the San Miguel Ranch Project in accordance with the
requirements, provisions and schedules contained therein, and as
further specified in these Tentative Map conditions. Modification
of the sequence of mitigation shall be at the discretion of the
Director of Planning and Building should changes in circumstances
warrant such a revision.
63. Prior to approval of each final Map, demonstrate the
adequacy of existing detention facilities or construct runoff
detention facilities upon the request of the City Engineer, to
assure that the maximum allowable discharges after development do
not exceed pre-development discharges, all to the satisfaction of
the City Engineer. The developer shall provide for the future
maintenance of the detention basin facilities through the
establishment of a landscaping maintenance district, or other
mechanism as approved by the City. (Engineering, Parks, Planning,
Public Works)
67. The developer shall comply with all the provisions of the
National Pollutant Discharge Elimination System (NPDES) and the
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Clean Water Program during and after all phases of the development
process, including but not limited to: mass grading, rough grading,
construction of street and landscaping improvements, and
construction of dwelling units.
73- Enter into an agreement with the City wherein the City is
held harmless from any liability from erosion, siltation or
increase in flow of drainage resulting from this project.
90 Enter into a supplemental agreement with the City,
prior to approval of each Final Map, where the developer agrees to
the following:
b.
c.
a.
That the City may withhold building permits for the subject
subdivision if anyone of the following occur:
(i). Regional development threshold limits set by the East Chula
Vista Transportation Phasing Plan have been reached.
(ii) .
Traffic volumes, levels of service, public utilities
and/ or services exceed the adopted City threshold
standards in the then effective Growth Management
Ordinance.
(iii) .
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's Director of Planning
and Building and the Public Works Director.
(Engineering, Planning)
Defend, indemnify and hold harmless the City and its agents,
officers and employees, from any claim, action or proceeding
against the City, or its agents, officers or employees, to
attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Councilor
any approval by its agents, officers, or employees with regard
to this subdivision pursuant to Section 66499.37 of the State
Map Act provided the City promptly notifies the subdivider of
any claim, action or proceeding and on the further condition
that the City fully cooperates in the defense. (Engineering,
Planning)
Ensure that all franchised cable television companies ("Cable
Company") are permitted equal opportunity to place conduit and
provide cable television service to each lot within the
subdivision. Developer agrees that the City of Chula Vista
may grant access to cable companies franchised by the City of
Chula Vista to place conduit wi thin the City's easement
situated within the Project. Developer shall restrict access
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to the conduit to only those franchised cable television
companies who are, and remain in compliance with, all other
rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same
may have been, or may from time to time be issued by the City
of Chula Vista. (Engineering, Planning)
d.
That the City may withhold the issuance of building permits
for the Project, should the Developer be determined by the
City to be in breach of any of the terms of the Tentative Map
Conditions or any Supplemental Agreement. The City shall
provide the Developer of notice of such determination and
allow the Developer reasonable time to cure said breach.
(Engineering, Planning)
e.
Hold the City harmless from any liability for erosion,
siltation or increase flow of drainage resulting from this
proj ect. (Engineering)
97- Prior to the approval of the first final Map for the
Project, the Developer shall request the formation of an Open Space
District, submit an application packet for the formation of a
Community Facilities District (CFD) , and submit the request to the
City Council for consideration. Developer shall form a CFD prior
to issuance of the first production home building permit, and
submit a list of amenities, acreage and costs for all Open Space
District lots including but not limited to the cost of any
detention basin maintenance and all costs to comply with the
Department of Fish and Game and the U.S. Army Corps of Engineers
permi t requirements, if any. Maintenance of the open space
improvements shall be accomplished by the Developer for a minimum
period of one year or until such time as accepted into the open
space district by the Director of Public Works. If Council does
not approve the open space district formation, some other financing
mechanism such as homeowners association, or an endowment shall be
established and submitted to the City Council for consideration
prior to approval of the first Final Map. Prior to the approval of
the first Final Map, Developer shall submit an initial deposit of
$35,000 to begin the process of formation of the open space
district. All costs of formation and other costs associated with
the processing of the open space relating to this project shall be
borne by the Developer. The Developer shall provide all the
necessary information and materials (e.g., Tables, diagrams, etc.)
as determined by the City Engineer to prepare the Engineer's Report
for the proposed open space district.
179. Comply with all applicable regulations established by
the United States Environmental Protection Agency (USEPA) as set
forth in the National Pollutant Discharge Elimination System
(N.P.D.E.S.) permit requirements for urban runoff and storm water
discharge and any regulations adopted by the City of Chula Vista
pursuant to the N.P.D.E.S. regulations or requirements. Further,
the applicant shall file notice of intent with the State Water
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Resources Control Board to obtain coverage under the N.P.D.E.S.
General Permit for Storm Water Discharges Associated with
Construction Activity and shall implement a Storm Water Pollution
Prevention Plan (SWPPP) concurrent with the commencement of grading
activities. The SWPPP shall include both construction and post
construction pollution prevention and pollution control measures
and shall identify funding mechanisms for post construction control
measures.
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EXHIBIT
"D"
SECURITY REQUIREMENTS
SAN MIGUEL RANCH WATER QUALITY BASINS,
DESILTATION AND NPDES COMPLIANCE AGREEMENT
(Conditions 8, 15, 63, 67, 73, 90, 97, and 179
of San Miguel Ranch CVT 99-04)
a) Cash Deposit
Developer has submitted a Cash deposit in the amount of
$50.000 (City Receipt No. ) contemporaneous with tills
agreement.
b) Maintenance Bond
Developer has submitted a Bond (Bond Number
in the amount of $100,000 contemporaneous with tills
agreement.
J,\Engineer\LANDDEV\Projects\San Miguel Ranch\Phase III A Map\BasinAgmt FINAL.doc
9-76
Page 26
RESOLUTION NO.2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE GRANT OF EASEMENTS
AND MAINTENANCE AGREEMENT FOR CHULA VISTA
TRACT NO. 99-04, SAN MIGUEL RANCH, PHASE ill "A" MAP
NO.1.
WHEREAS, the Grant of Easements and Maintenance Agreement for San Miguel
Ranch Phase 3 "A" Map No. I sets forth the developer's obligation to maintain landscaping in the
public right of way; and
WHEREAS, the agreement will be assigned to the homeowner's association (HOA)
after the landscaping has been established and turned over to the HOA to maintain; and
WHEREAS, further agreements will be brought before council with each subsequent
map for HOA maintained public property within the subdivision boundary.
NOW, THEREFORE, BE IT RESOLVED the City Council of the CityofChula Vista
does hereby approve the Grant of Easements and Maintenance Agreement for the grant of easements
and maintenance for Chula Vista Tract No. 99-04 San Miguel Ranch Phase 3 "A" Map No.1, a copy
of which shall be kept on file in the office ofthe City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby
authorized to execute said Agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
.:v~ 7. ~
Jack Griffin
Director of General Services
Ann Moore
City Attorney
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
j) eM- ?, ~ c::c--.
Ann Moore
City Attorney
Dated: 1- l cr - o'f
Grant of Easements and Maintenance Agreement for
Chula Vista Tract No. 99-04, San Miguel Ranch
Phase III "A" Map No.1
Cf-7?
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received,
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 99-04
SAN MIGUEL RANCH PHASE 3 "A" MAP NO.1
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
("Agreement") is made as of this- day of ,200_, by and between the CITY OF
CHULA VISTA, a municipal corporation ("City"), and NNP- TRIMARK SAN MIGUEL RANCH,
LLC, a Delaware limited liability company ("NNP, LLC").
RECITALS
A. This Agreement concerns and affects certain improvements with portions of the real property
located in Chula Vista, California, more particularly described in Exhibit" A" attached hereto and
incorporated herein ("Property"). The Property is part of a planned residential development proj ect
commonly known as "San Miguel Ranch", Chula Vista Tract No. 99-04, being the subj ect of the City
Council Resolution No. 2001-261 (the "City Resolution"). For purposes of this Agreement, the term
"Project" shall refer to the overall San Miguel Ranch project, including, but not limited to the "Property,"
B. NNP, LLC is the owner of the Property and the Declarant under that certain Master
Declaration of Restrictions For San Miguel Ranch Master Association filed for record in the Official
Records of San Diego County, California (the "Master Declaration"). The Master Declaration provides
for SAN MIGUEL RANCH MASTER ASSOCIATION, a California Nonprofit Mutual Benefit
Corporation ("MHOA") to maintain certain areas in the Project. Furthermore, one or more sub-
associations may be formed ("SHOA") for a particular proj ect( s) within San Miguel Ranch Planned
Development, the purposes of which would include the maintenance of certain amenities within the
project over which the SHOA has jurisdiction.
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C. The Property is or will become covered by that the certain fmal map(s) (the "Final
Maps") described on Exhibit "A" attached hereto and referenced in the title to this Agreement.
D. In order for NNP, LLC to obtain the Final Maps and for the City to have assurance
that the maintenance of certain areas within the Project would be provided for, the City and NNP,
LLC entered into a Supplemental Subdivision Improvement Agreement pursuant to the City Resolution,
in which NNP, LLC agreed that maintenance of such areas shall be accomplished by the creation of
a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those particular
areas which were dedicated to the public on one or more of the Final Maps but which include
landscaping and drainage improvements to be maintained by the MHOA. The public areas to be
maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas."
E. The City desires to grant to NNP, LLC easements for landscape maintenance purposes
upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in order to
facilitate the obligations of NNP, LLC as set forth in Supplemental Subdivision Improvement
Agreements, adopted pursuant to the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
I. Grant of Easements. The City hereby grants to NNP, LLC and its agents, successors
and assigns, non-exclusive easements and rights-of-way over and across the MHOAMaintained Public
Areas for the purpose of maintaining, repairing and replacing landscaping improvements located thereon.
These grants are made without any warranties of any kind, express or implied, other than the warranty
stated in Paragraph 14(1) below.
2.
Maintenance Oblieations
(a) NNP, LLC to Initially Maintain. NNP, LLC hereby covenants and agrees,
at its sole cost and expense, to maintain, repair and replace, or cause to be maintained, repaired
or replaced, those improvements within the MHOA Maintained Public Areas which are
described on Exhibit "C" attached hereto, at a level equal to or better than the level of
maintenance which is acceptable to the Director of Public Works Operations, at his/her
discretion and equivalent to City or Community Facilities District maintained right-of-way
facilities. For purposes of this Agreement, the term "Maintenance" or "Maintain" shall mean
the maintenance, repair, the provision of water and replacement obligations described herein
and on Exhibit "C" hereto and shall also include repair and replacement at no cost to the
City of any City owned property that is damaged during performance of the maintenance
responsibilities pursuant to this Agreement. Exhibit "C" also refers to the maintenance
responsibilities ofthe City.
(b) Transfer to MHOA. Upon NNP, LLC's transfer of maintenance obligations
to the MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred,
and (ii) subject to the City determining that the requirements of Paragraph 3 below have been
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satisfied, NNP, LLC shall be released :!Ì'om such obligation. Transfer of maintenance obligations
to the MHOA maybe phased (that is, there maybe multiple transfers).
NNP, LLC represents to City that it intends to, and has the authority to, unilaterally
transfer said maintenance obligations either (i) to the MHOA and that such transfer has been
provided for in the Master Declaration, and that such document(s) include the provisions
described in Paragraph 3(a)(ii) below, or alternatively (ii) to anew homeowners association
(the "New Association") established for maintenance of the open space and thoroughfare median
areas in the Property, and that such transfer shall be provided for in the declaration of restrictions
(the "New Declaration") for the New Association, and that such document(s) shall include
the provisions described in Paragraph 3( a)(ii) below. References below in this Agreement
to the "Association" shall include the New Association and "Declaration" shall include the
New Declaration ifNNP, LLC elects to form anew homeowners association for the Property.
(c) Transfer By MHOA. The MHOA shall have the right to transfer Maintenance
obligations to a sub-association ("SHOA") or to the owner of an apartment project
("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i)
the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA
shall retain the right to perform the Maintenance should the Transferee fail to do so, and (iii)
the MHOA shall be released :!Ì'om the obligations so transferred subj ect to the City determining
that the requirements of Paragraph 4 below have been satisfied. Although it is possible that
Maintenance obligations might be transferred to an apartment owner, NNP, LLC does not
believe it is likely that Maintenance obligations will be transferred to an apartment owner.
3.
Assi!!nment by NNP. LLC and Release ofNNP. LLC
(a) Assignment. Upon NNP, LLC's transfer of the Maintenance obligations to
the MHOA, it is intended by the parties that the MHOA shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release NNP, LLC :!Ì'om its
obligations only if all of the following occur:
(i) MHOAAcceutsObligation. The MHOAhas unconditionally accepted
and assumed all ofNNP, LLC's obligations under this Agreement in writing, such
assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations ofNNP, LLC under
this Agreement. The assignment shall also have been approved by the appropriate
governing body of the MHOA by resolution or similar procedural method and approved
as to form and content by the City Attorney. The City shall not unreasonably withhold
its consent to such assignment.
(ii) MHOA's Master Declaration. The City has confirmed that there have
been no modifications to the recorded Master Declaration previously approved by City,
to any of the following provisions: the MHOA shall be responsible for the maintenance
of the MHOAMaintained Public Areas, the MHOA shall indemnify City for all claims,
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demands, causes of action, liability or loss related to or arising :!Ì'om the maintenance
activities, and the MHOA shall not seek to be released by City :!Ì'om the maintenance
obligations of this Agreement, without the prior consent of City and one hundred percent
(100%) of the holders of first mortgages or owners of the Property.
(iii) MHOA Insurance. The MHOA procures and formally resolves to
maintain at its sole cost and expense, commencing no later than the City's release of
all ofNNP, LLC's landscape maintenance bonds, a policy of public liability insurance
which at least meets the requirements of Section 5.1 (a) of the Master Declaration which
reads as follows:
(a)
General Liability Insurance. The Master Association
shall obtain a comprehensive general liability and
property damage insurance policy insuring the Master
Association and the Owners against liability incident
to ownership or use of the Master Association Property.
The limits of such insurance shall not be less than
$3 Million covering all claims for death, personal injury
and property damage arising out of a single occurrence.
The insurer issuing such insurance shall have rating by
A.M. Best of "A, Class V" or better with no modified
occurrences and as admitted by Best's Insurance Guide.
Such insurance shall include the following additional
provisions provided they are available on a
commercially reasonable basis:
(i)
The City of Chula Vista shall be named as an
additionally insured party to such insurance pursuant
to the City's requirements the Master Association do
so;
(ii)
The policy shall not contain a cross-suit exclusion
clause which would abrogate coverage should litigation
ensue between insureds;
(iii)
The policy shall contain the following severability
clause (or language which is substantially the same):
"The coverage shall apply separately to each insured
except with respect to the limits of liability."
This Section 5.1(a) may not be amended without the written consent
of the City Planning Director or City Attorney.
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The MHOA shall provide the City with a Certificate of Insurance upon procurement
of the policy as set forth above.
(b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled, NNP,
LLC shall be released :!Ì'om its obligations under this Agreement, including its security and
insurance requirements. NNP, LLC acknowledges that it has a contractual obligation to perform
the terms and conditions of this Agreement until and unless released by the City :!Ì'om this
Agreement. At least sixty (60) days prior to such transfer, NNP, LLC shall give a notice to
the City ofNNP, LLC's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 3(a).
4.
AssÏ!mment bv MHOA and Release ofMHOA.
(a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a
Transferee, it is intended by the parties that the Transferee shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release the MHOA :!Ì'om its
obligations only if all of the following occur:
(i) Transferee AccetJts Obligation. The Transferee has unconditionally
accepted and assumed all of the MHO A's obligations under this Agreement in writing,
such assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of the MHOA under
this Agreement. If the Transferee is an SHOA, the assignment shall also have been
approved by the appropriate governing body of the SHOA by resolution or similar
procedural method and approved as to form and content by the City Attorney. The
City shall not unreasonably withhold its consent to such assignment.
(ii) SHOA's Declaration ofRestrictions. If the Transferee is an SHOA, the
City has reviewed and approved the SHOA's recorded Declaration of Restrictions to
confirm that said document contains appropriate maintenance and insurance provisions.
(iii) SHOA Insurance. The Transferee procures and formally resolves to
Maintain at its sole cost and expense, a policy of public liability insurance which meets
the requirements set forth in Paragraph 3 (a) (m) above. The SHOA shall provide
the City with a Certificate of Insurance upon acceptance of the transfer of the
Maintenance obligations herein. .
(b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the
MHOA shall be released :!Ì'om its obligations under this Agreement, including its security and
insurance requirements. At least sixty (60) days prior to such transfer, MHOAshall give notice
to the City ofMHOA's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 4(a).
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5. NNP.LLC'sInsurance. Until such time as theMHOAhas obtained the general liability
insurance required by Section 5.1 (a) of the Master Declaration, NNP, LLC agrees to procure and
formally resolves to maintain at its sole cost and expense, commencing no later than the date that
the landscape architect of record has submitted a letter of substantial conformance pertaining to work
being completed to the General Services Department and the General Services Department Director
or his designee has deemed the work complete and satisfactory, a policy of public liability insurance
that would include, but is not limited to the following:
General Liabilitv Insurance. NNP, LLC shall obtain a comprehensive general liability and
property damage insurance policy insuring NNP, LLC against liability incident to ownership or use
of the Property. The lirnits of such insurance shall not be less than $3 Million covering all claims
for death, personal injury and property damage arising out of a single occurrence. The insurer issuing
such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences and
as admitted by Best's Insurance Guide. Such insurance shall include the following additional provisions
provided they are available on a commercially reasonable basis:
(i)
The City ofChula Vista shall be named as an additionally insured party to such
insurance pursuant to the City's requirements NNP, LLC do so;
(ii)
The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(iii)
The policy shall contain the following severability clause (or language which
is substantially the same): "The coverage shall apply separately to each insured
except with respect to the limits ofliability."
NNP, LLC shall provide the City with a Certificate of Insurance upon procurement of the policy as
set forth above.
6. Indemnitv. NNP, LLC shall defend, indemnify and hold harmless the City, its officers,
agents and employees, :!Ì'om any and all actions, suits, claims, damages to persons or property, costs
including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss of any
sort (herein" claims or liabilities to), that may be asserted or claimed by any person, firm, or entity
because of or arising out of or in connection with the use, maintenance, or repair of the MHOA
Maintained Public Areas. NNP, LLC shall not have any liability under this section by reason of the
Transferee's failure to maintain.
7. Indemnitv If Transferee. The document whereby NNP, LLC transfers a Maintenance
obligation to a Transferee shall be signed by both NNP, LLC and the Transferee and shall set forth
an express assumption of Maintenance and other obligations hereunder and shall include the following
indemnification provision:
Indemnitv. The Transferee shall defend, indemnify, and hold harmless the City, its
officers, agents and employees, :!Ì'om any and all actions, suits, claims, damages to
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persons or property, costs including attorney's fees, penalties, obligations, errors,
omissions, demands, liability, or loss of any sort (herein "claims or liabilities"),which
result :!Ì'om the Transferee's failure to comply with the requirements of the obligations
transferred hereby to Transferee. Transferee shall not have any liability under this
Indemnity by reason of another party's failure to maintain. It is specifically intended
that the City shall have the right to enforce this Indemnity. This Indemnity may not
be amended without the written consent of the City Director of Planning and Building
or City Attorney.
8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding
upon NNP, LLC and any successive Declarant under the Master Declaration. This Agreement shall
be binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA
or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property.
9. Agreement Runs With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the community and other parties, public
or private, in whose favor and for whose benefit such covenants running with the land have been
provided, without regard to whether the City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
10. Govemin!!'Law. This Agreement shall be govemed and construed in accordance with
the laws of the State of California.
11. Effective Date. The terms and conditions of this Agreement shall be effective as of
the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office.
12. CounterDarts. This Agreement maybe executed in any number of counterparts, each
of which shall be original and all of which shall constitute one and the same document.
13. Recordin2. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City Council.
14.
Miscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement 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
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personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified orregistered
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.
IfTo City:
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
If To NNP, LLC:
NNP- TRIMARK SAN MIGUEL RANCH, LLC
The San Miguel Ranch Company
85 Argonaut, Suite 205
Aliso Viejo, CA 92656
Attn: Mr. Stephen E. Hester
(b) Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
(c) Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding
the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
(d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, NNP, LLC, its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby warrants
and represents to the other party that it has legal authority and capacity and direction ftom
its principal to enter into this Agreement, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
4129/04
-8-
065550-0003253027.1
tf-bi,
(g) Modification. This Agreement maynotbe modified, terminatedorrescinded,
in whole orin part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego
County Recorder's Office.
(h) Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant
or condition to person or circumstance, shall not be affected thereby and each term, covenant
or condition shall be valid and be enforced to the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn :!Ì'om the fact that a party or its attorney prepared and/or drafted this Agreement.
It shall be conclusively presumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
4129/04
-9-
065550-0003253027.1
c¡ -27
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first set forth above.
CITY OF CHULA VISTA, a municipal corporation
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
Ann Moore, City Attorney
NNP- TRIMARK SAN MIGUEL RANCH, LLC, a Delaware
limited liability company
~J~~
By ~/~
Its Brian K. Laidlaw
4/29/04
-10-
065550-0003253027.1
9--fF
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN DIEGO
On I q ~ ' 200 ~ before me, U :i!:~A-t-J
Notary Public in and for said State, personally appeared Sri,," K laid~",
,
personally known to me (~pre . ell to m~ 0" ILa Baois sf satisf[lete~ e lièeftee) to be the person(~
whose name(~ is/~ subscribed to the within instrument and acknowledged to me that he/sàe.4ftey
executed the same in his~r authorized capacity(~, and that by his~ signature~ on
the instrument, the person(~, or the entity upon behalf of which the person(~ acted, executed the
instrument.
Signature
=:==~~~o~=~=oo=o~o
I ~¡. LIZ GROMAN I
~ COMM. # 1298761
~ NOTARY PUBlIC-cAl.IFORNIA ~
I My ~1~O:r: 2OOð i
o~oc:=oo:=::=o=o~~
(Seal)
)
0 rMlbt. f'F ) ss.
COUNTY OF SAN DÆOe- )
~ 200:L, before mdiuJ fl
NotaryPu~said State, persona ly a peared
-,"",-
STATE OF C
-- dJf)I:ar'l
C ~~OGf I =AWl ,'e..
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(-s)
whose nameW is/afe subscribed to the within instrument and acknowledged to me that he/shefthey
executed the same in his/herf!fteir authorized capacity(i=), and that by his/herltlreÌr signature(~ on
the instrument, the person(&}, or the entity upon behalf of which the person(~ acted, executed the
instrument.
. .
OFFICIAL SEAL
PAULA C. FURLONG
NOTARY PUBLIC - CAUFORNIA
COMMISSION (I 12977t8
ORANGE COUNlY
My Commission Exp. April 23, 2005
(seal)
~
4/29/04
-11-
065550-0003253027.1
t¡ ~-;;1
EXHIDIT "A"
Le2al Description
4n9104
065550-0003253027.1
/1'"}. '1~" /'1
.7 -. ~ ;/
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL A:
PORTIONS OF SAN MIGUEL RANCH ROAD AS DEDICATED TO PUBLIC USE ON CHULA
VISTA TRACT NO. 99-04, SAN MIGUEL RANCH PHASE 3 "A" MAP NO.1, ACCORDING TO
MAP THEREOF NO. FILED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON , 2004 IN THE CITY OF CHULA VISTA, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA.
PARCEL A.1:
PORTIONS OF AVENIDA LORETTA AS DEDICATED TO PUBLIC USE ON SAID
MAP NO.
PARCEL A-2:
PORTIONS OF PROCTOR VALLEY ROAD AS DEDICATED TO PUBLIC USE ON SAID
MAP NO. , TOGETHER WITH PORTIONS OF PROCTOR VALLEY ROAD PER
THAT EXISTING PUBLIC HIGHWAY EASEMENT PER DOCUMENT FILED IN SAID OFFICE
OF THE COUNTY RECORDER JUNE 4,1984 AS DOCUMENT NO. 84-208303 OF OFFICIAL
RECORDS OF SAID COUNTY.
c; -ZG'2ðC4
DAVID. AMBLER loS.7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
9' _.c¡ I
PAGE 1 OF 1
:DV M:\2091\021\Legal DescriptionslA03 Esmt & LIe Agree bkbn Ph 3 .doe
WO 2091-0002 6/24/04
EXHIBIT "B"
Plats Showing Public Areas To Be Privately Maintained
4/29/04
c¡ -12.
065550-0003253027.1
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CHULA VISTA TRACT NO. 99-04 t
PHASE 3
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CHULA VISTA TRACT NO. 99-04
PHASE 3
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EXHIBIT "C"
Maintenance ResDonsibilities
City ofChula Vista
Area HOA Maintenance Maintenance
Median and parkways within Landscaping in the medians Maintenance of curb, gutter,
those portions of those public and parkways including sidewalks and pavement.
road shown on Exhibit "B" irrigation, trimming and
pruning of trees, and
maintenance and irrigation of
turf areas.
~
4129/04
065550-0003253027.1
9-tJ-¡
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VIST APPROVING THE DRAINAGE
ENCROACHMENT PERMIT AND MAINTENANCE
AGREEMENT FOR PROCTOR VALLEY ROAD CULVERTS
WITHIN CALTRANS' BONITA MEADOW MITIGATION
SITE.
WHEREAS, Caltrans owns three parcels adjacent to Proctor Valley Road south of San
Miguel Ranch Road for project mitigation within the district, and;
WHEREAS, the developer of San Miguel Ranch has been conditioned to improve
Proctor Valley Road including the installation of drainage culverts :!Ì'om Proctor Valley Road to
Caltrans' property; and
WHEREAS, Caltrans has provided the developer with an encroachment permit to
construct the culverts (permit #11-04-6MC0408), and;
WHEREAS, the Drainage Encroachment Permit and Maintenance Agreement is being
used in lieu of a drainage easement and sets forth the terms and conditions whereby the City will
be able to maintain these culverts on Caltrans' property and within County jurisdiction.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby approves the Drainage Encroachment Permit and Maintenance Agreement for
Proctor Valley Road culverts within Caltrans' Bonita Meadow Mitigation site, a copy of which
shall be kept on file in the office ofthe City Clerk.
BE IT FURTHER RESOLVED that the Mayor is authorized and directed to execute said
agreement on behalf of the City ofChula Vista.
Presented by
Approved as to form by
J) t:>- (. H--
Jack GriffIn
Director of General Services
Ann Moore
City Attorney
t1 '" G)
'¡_éj6
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROV AL BY
THE CITY COUNCIL
:¡)~ {, F+--
Ann Moore
City Attorney
Dated: 7 - z. C\ .. D'1
Encroachment Permit and Maintenance Agreement for
Proctor Valley Road Culverts with
Caltrans' Bonita Meadow Mitigation Site
q-?q
ll-SD-125
Bonita Meadow
Mitigation Site
DMA 11-8277
DRAINAGE ENCROACHMENT PERMIT AND MAINTENANCE AGREEMENT
TIllS AGREEMENT, made and entered into in duplicate effective this
, day of , 2004, is by and between the State of
California, acting by and through the Department of Transportation, hereinafter referred to as
"STATE," and the City of Chula Vista, hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS, on October 8, 2001, STATE closed escrow on three parcels (APNS 590-250-
05,594-081-02 and 595-010-15) to mitigate impacts of several projects being constructed within
the district. These parcels are located adjacent to Procter Valley Road under the jurisdiction of
CITY, to the west of STATE's projects. .
WHEREAS, CITY has approved a residential development along Procter Valley Road,
known as San Miguel Ranch Phase III. Within this location, approved development includes
upgrading Procter Valley Road with the installation of eight (8) drainage systems located along
Procter Valley Road south of the proposed San Miguel Ranch Road. The collection point of
each drainage system will be located on City property while the outlet of each of the eight
drainage systems will be located on the above-mentioned STATE owned parcels. As a result,
STATE permission for these drainage system encroachments are necessary at each STATE
parcel location.
NOW THEREFORE, IT IS AGREED:
1. STORM DRAIN ENCROACHMENTS
A. CITY will construct, maintain, repair and, if requested by STATE, relocate or
remove, all at CITY expense, eight (8) storm drain systems to be located on State
Property along Procter Valley Road as part of the San Miguel Ranch
Development Phase III, all as shown on Exhibit "A", attached to and made as part
of the Agreement.
B. CITY will obtain STATE approval of drainage PS&E before commencing such
work by requesting an encroachment permit on STATE's standard form for entry
onto these parcels to perform that work.
C. When a planned future improvement is contemplated by STATE or has been
constructed and/or a minor revision has been effected within the limits of the
storm drain easements herein described which affects the parties' division of
maintenance responsibility as described herein, CITY will provide a new dated
I
q -"!OÒ
and revised Exhibit "A," which will be made a part hereofby an amendment to
this Agreement when executed by both parties, which will thereafter supersede
the attached original Exhibit A and which will then become part of this
Agreement or the parties will enter into a new agreement if such is deemed
necessary by STATE as a condition of the continued permitting of these drainage
systems outlets.
3. LEGAL RELATIONS AND RESPONSIBILITIES:
A. Nothing in the provisions of this Agreement is intended to create duties or
obligations to or rights in third parties not parties to this contract or affect the
legal liability of either party to the contract by imposing any standard of care with
respect to the maintenance of these drainage facilities different :!Ì'om the standard
of care imposed by law.
B. It is understood and agreed that neither STATE nor any officer or employee
thereof is responsible for any damage or liability occurring by reason of anything
done or omitted to be done by CITY under or in connection with any work
authority or jurisdiction delegated to CITY under this Agreement. It is
understood and agreed that, pursuant to Govemment Code section 895.4, CITY
shall defend, indemnifY and save harmless STATE and all of its officers and
employees :!Ì'om all claims, suits or actions of every name, kind and description
brought for or on account of injuries to or death of any person or damage to
property resulting :!Ì'om anything done or omitted to be done by CITY under or in
connection with any work, authority or jurisdiction delegated to CITY under this
Agreement or as respects the preserve, operation and maintenance repair,
replacement or relocation of the permitted drainage facilities.
This Agreement shall be effective upon the date appearing on its face.
(j-/()/
2
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
Attorney
Department of Transportation
City Attorney
By
CITY OF CHULA VISTA
By
City Executive
City Clerk
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
TONY.V. HARRIS
Director of Transportation
By
Deputy District Director
Maintenance
q -- /Cn..
APN 690-260-06
STATE OF
CALIFORNIA
C1\ RD.
S~ ~lGÜ£1- ~
;~
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~
400. 200 0
r-..- -
SCALE ,"=400'
400
I
APN 694-061-02
STATE of CALIFORNIA
APN 696-010-16
STATE OF cALIFORNJA
DRAINAGE ENCROACHMENT PERMIT
AND MAINTENANCE AGREEMENT
EXHIBIT A /) --1[8
SHEET 1 OF 6 '1
SCALE '"=60'
~ ARfA MAINTAINED BY CITY
\\
DRAINAGE ENCROACHMENT PERMIT
AND MAINTENANCE AGREEMENT
EXHIBIT A :
PER SDR¿1jPõ~b
li4-, TON ROCj< CLAS~
L=26. W=19.5, T=2.7
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SHEET 2 OF 6
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SHEET 4 OF 6
9-101;,
SHEET 6 OF 6
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE JOINT USE AGREEMENT
WITH THE SAN DIEGO COUNTY WATER AUTHORITY FOR
THE RIGHT OF WAY, SEWER AND DRAINAGE ADJACENT
TO PROCTOR VALLEY ROAD.
WHEREAS, the San Diego County Water Authority has approved the Joint Use
Agreement with the City of Chula Vista to allow Proctor Valley Road, an 8-inch sewer mainline,
two 30-inch storm drain culverts and its associated improvements and utilities to encroach upon
water authority easements adjacent to Proctor Valley Road and San Miguel Ranch Road; and
WHEREAS, the agreement outlines the responsibilities and obligations for the subject
portion of adjacent to Proctor Valley Road and the easement areas that are being used jointly for
public right-of-way, trails, landscape maintenance, traffic signals, street lights, the conveyance of
sewer and storm drainage.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista hereby approves the Joint Use Agreement for the right of way, sewer and drainage adjacent
to Proctor Valley Road with the San Diego County Water Authority, a copy of which shall be
kept on file in the office ofthe City Clerk.
BE IT FURTHER RESOLVED that the City Manager is authorized and directed to
execute said agreement on behalf of the City ofChula Vista.
Presented by
Approved as to form by
'"D- 7, H--
Jack Griffin
Director of General Services
Ann Moore
City Attorney
q...lO9
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
.D to- t , ?-Á--
Ann Moore
City Attorney
Dated: ? ~ ~ 'I - Ð 'f
Joint Use Agreement with
San Diego County Water Authority for
The Right of Way, Sewer and Drainage
Adjacent to Proctor Valley Road
9--//t)
PLEASE RECORD THIS DOCUMENT AT NO FEE
AS IT 15 TO THE BENEFIT OF THIS DISTRICT
(GOV.CODE [6103])
RECORDING REQUESTED BY AND
WHEN RECORDED, PLEASE MAIL TO:
San Diego County Water Authority
Right otWay Department
4677 Overiand Avenue
San Diego, CA 92123-1233
APN # 595-010-13 & 595-010-05
SPACE ABOVE FOR RECORDER'S USE
JOINT USE AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND
THE SAN DIEGO COUNTY WATER AUTHORITY
This Agreement is made between the San Diego County Water Authority
(hereinafter "Authority") and the City of Chula Vista (hereinafter "City") this
day of , 2004, to allow a public street, public a-inch sewer mainline,
2 x 30-inch storm drain culverts and associated improvements and utilities, as shown on
Exhibit "B" and Exhibit "C" cross the Authority's easement and right of way.
WHEREAS, Authority owns certain easements described in Exhibit "A" and shown
on Exhibit "B" in which it has pipelines and other facilities for the transmission of water
("Authority Easements"); and
WHEREAS, NNP-Trimark San Miguel Ranch LLC is the fee owner of the
property that is subject to the Authority's easements; and
WHEREAS, the fee owner has irrevocably dedicated to the City of Chula Vista
property or interests therein for public street, utility and appurtenant purposes as shown
on Exhibit 'B' and Exhibit 'C' for Proctor Valley Road, per City of Chula Vista Tract No.
99-04 (refer to the Grading and Improvement plans reviewed and signed by the Water
Authority - City of Chula Vista Work Order Nos. SM-011 G, SM-013C and SM-0201;
Drawing Number Series 03047, 04039 and 03077), which dedication is subject to the
Authority's easement; and
WHEREAS, City and the Authority desire to establish the terms and conditions for
the construction, operation and maintenance of an appurtenant and associated
improvements and utilities including but not limited to: storm drains, brow ditches, sewer
mains, sewer force main, water mains, reclaimed water mains, street light improvements,
traffic signal improvements, asphalt, curb, gutter, sidewalk, trails, and landscape and
irrigation improvements ("City Facilities") in, over, under and across Authority's easement
and right of way along the route particularly shown on Exhibit "B" and Exhibit "C"
("Designated Route");
NOW, THEREFORE, the parties mutually hereby agree as follows:
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1. The City, its successors in interest and assigns, may construct, operate and
maintain the City Facilities within the property subject to the Authority's Easements along
the Designated Route, under the terms and conditions stated herein.
2. Plans for the installation of the City Facilities, including work or
improvements reasonably necessary to protect the Authority pipelines and other
structures and facilities, shall be approved by the Authority in advance of construction.
Authority's approval shall not be unreasonably withheld. City shall give written notice to
the Authority not more than 30 days nor less than 15 days before the date of
commencement of construction of the City Facilities. Authority inspectors shall have
access to the property during construction.
3. Neither this Agreement nor the construction, operation or maintenance of
the City Facilities shall, in any way, limit, alter, modify, expand, or terminate any of the
Authority's or City's rights or obligations under the Authority's Easements or any of the
rights of the owner of the servient tenement.
4.
City agrees not to interrupt the use or operation of Authority's facilities.
5. Authority shall be deemed the "party first in place" and its rights and
interests shall be prior in time and superior in title to those of City. Nothing herein
contained shall constitute a grant of easement or other interest in property by Authority
to City.
6. Following the completion of the City Facilities, whenever the Authority so
requests, the parties agree to work cooperatively to assesses (sic) reasonable
construction alternatives, coordinate traffic control and otherwise manage the City
Facilities as deemed necessary by the Authority for the full exercise of its rights under
the Authority Easements. Except to the extent specifically provided in an Authority
Easement, City shall, at is sole expense and within a reasonable time established by
the Authority and agreed to by City, remove and replace, rearrange, restore or relocate
the City Facilities as may be necessary for the Authority's use and enjoyment of its
easements. Plans for removal and replacement, rearranging, or relocation of the
Facilities shall be subject to paragraph 2, above. In the event of an emergency affecting
the public health, safety or welfare, as determined by the Authority, or in the event of
either (a) City's failure to remove and replace, rearrange, or relocate the City Facilities
within 180 days after the Authority has given written notice or, (b) City's failure to
remove and replace, rearrange, or relocate the City Facilities according to a schedule
approved in writing by the Authority within 180 days after the Authority has given written
notice, then the Authority may remove the City Facilities without obligation to City. This
Agreement shall apply to City Facilities removed and replaced or restored, rearranged,
or relocated pursuant to this paragraph. Authority acknowledges that with respect to the
100-foot wide strip of land subject to Authority Easements recorded as Document 89-
024571, recorded January 17, 1989 and Document No. 1993-0516412, recorded
August 10, 1993 the Authority has the obligation to restore the City Facilities pursuant to
the terms of those certain easements.
C:\Documents and Settings\toma\Local Settings\Temporary Internet Files\OLK4\JUA CCV 03-338a.doc
9-)/2-
7. This Agreement shall run with the land and be binding upon both parties, its
representatives, agents, successors, and assigns.
8. The parties understand and agree that this Agreement grants only the
consent of the Authority to the activities identified under the terms and conditions stated
herein. City is responsible for acquiring any other property rights, licenses, or permits
needed to conduct the identified activities.
9. City shall save, indemnify and hold harmless the Authority against any
liability, loss, cost, damage and expense caused by or arising from (i) an act(s) or
omission(s) of City, its employees, agents, contractors, successors and assigns or (ii) the
construction, reconstruction, location, relocation, maintenance and existence of the City
Facilities, including, but not limited to any such loss, cost, damage, liability and expense
arising from damage to or destruction of real and personal property or injury to or death of
any person; provided, however, that City duty to indemnify and hold harmless shall not
include any claims or liability arising from the established negligence or misconduct of the
Authority, its agents, officers, or employees. City shall cause the Authority, and its officers
and employees, to be named as an additional insured on any policy or policies of
insurance required by the City with respect to the construction, reconstruction, location,
relocation, maintenance or existence of the City Facilities.
10. The City Facilities shall be maintained in a safe and sanitary condition at the
sole cost, risk, and responsibility of City and its successors in interest.
11. In the event either party commences legal action against the other by reason
of an alleged breach of this Agreement or in connection with the use of the Authority's
easement and right of way, the prevailing party shall be entitled to recover court costs and
attorney's fees as set by the court. "Prevailing Party" means the party in whose favor final
judgment is rendered.
12. Any notice required, permitted, or contemplated under this Agreement shall
be deemed given when actually delivered or when deposited in the mail, certified or
registered, postage prepaid, addressed as follows:
TO AUTHORITY:
San Diego County Water Authority
Right of Way Department
4677 Overland Avenue
San Diego, CA 92123
TO CITY:
City of Chuia Vista
276 Fourth Avenue
Chula Vista, CA 91910
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by a duly authorized officer on the day and year first above written.
(NEXT PAGE IS SIGNATORY PAGE)
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c¡ ~J/3
By: tJ~ f.~
SAN DIEGO COUNTY~ATERAUTHORITY
William J. Rose, Director of Right of Way
By:
CITY OF CHULA VISTA
Stephen C. Padilla, Mayor
AP~
BY~~eneral Counsel
San Diego County Water Authority
Approved as to form:
By:
Ann Y. Moore, City Attorney
City of Chula Vista
r¡ -Ill/-
R:IROWIProjectsI03-338aIJUAIJUA CCV 03-338a.doc
Dated: 1h jð'f
. .
Dated:
Dated:
Dated:
7/7/ <'?'f
EXHIBIT "A" REGARDING
JOINT USE AGREEMENT NO. 2003-338a
APPLICANT
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
OWNER
NNP-Trimark San Miguel Ranch, LLC
85 Argonaut
Suite 205
Aliso Viejo, CA 92656
EASEMENT
San Diego County Water Authority
4677 Overland Avenue
San Diego, California 92123-1233
BENEFITTED PROPERTY
Assessor's Parcel Number: 595-010-13 & 595-010-05
Authority's Parcel Number: Parcel 195-B (Pipeline 4E2, Second Aqueduct)
Parcel 195-A (Pipeline 3, Second Aqueduct)
AUTHORITY PROPERTY
A strip of land 1 DO-foot wide strip of land subject to Authority Easements recorded as
Document 89-024571, recorded January 17, 1989 and Document No. 1993-0516412,
recorded August 10, 1993, all of Official Records of said County.
PURPOSE
This agreement is granted exclusively for a public street, public 8-inch sewer mainline, 2 x
3D-inch storm drain culverts and associated improvements and utilities, as shown on
Exhibit 'B' and Exhibit 'C', to cross the Authority's Second Aqueduct right of way per City
of Chula Vista Tract No. 99-04 (refer to the Grading and Improvement plans reviewed
and signed by the Water Authority - City of Chula Vista Work Order Nos. SM-011G,
SM-013C and SM-0201; Drawing Number Series 03047, 04039 and 03077). This
agreement does not authorize other construction, grading or planting of trees
within the Authority's easement.
C¡-J /5
EXHIBIT "A" REGARDING
JOINT USE AGREEMENT NO. 2003.338a
APPLICANT
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
OWNER
NNP-Trimark San Miguel Ranch, LLC
85 Argonaut
Suite 205
Aliso Viejo, CA 92656
EASEMENT
San Diego County Water Authority
4677 Overland Avenue
San Diego, California 92123-1233
BENEFITTED PROPERTY
Assessor's Parcel Number: 595-010-13 & 595-010-05
Authority's Parcel Number: Parcel 195-B (Pipeline 4E2, Second Aqueduct)
Parcel 195-A (Pipeline 3, Second Aqueduct)
AUTHORITY PROPERTY
A strip of land 1 OO-foot wide strip of land subject to Authority Easements recorded as
Document 89-024571, recorded January 17,1989 and Document No. 1993-0516412,
recorded August 10, 1993, all of Official Records of said County.
PURPOSE
This agreement is granted exclusively for a public street, public 8-inch sewer mainline, 2 x
30-inch storm drain culverts and associated improvements and utilities, as shown on
Exhibit 'B' and Exhibit 'C', to cross the Authority's Second Aqueduct right of way per City
of Chula Vista Tract No. 99-04 (refer to the Grading and Improvement plans reviewed
and signed by the Water Authority - City of Chula Vista Work Order Nos. SM-011 G,
SM-013C and SM-0201; Drawing Number Series 03047, 04039 and 03077). This
agreement does not authorize other construction, grading or planting of trees
within the Authority's easement.
q ~I / 6
EXHIBIT
"B"
SHEET 1 OF 6
LEGEND:
.&. INDICATES PROPOSED PUBLIC TRAIL EASEMENT
PER CHULA VISTA TRACT NO. 99-04, SAN
MIGUEL RANCH.
INDICATES PROPOSED DRAINAGE AND ACCESS
&. EASEMENT PER CHULA VISTA TRACT NO. 99-04,
SAN MIGUEL RANCH PHASE 3 ':4" MAP NO.1.
INDICATES PROPOSED LANDSCAPE BUFFER
&,. EASEMENT PER CHULA VISTA TRACT NO. 99-04,
SAN MIGUEL RANCH PHASE 3 ':4" MAP NO.1.
& INDICATES EXISTING PUBLIC HIGHWAY EASEMENT
TO THE COUNTY OF SAN DIEGO PER DOC.
REC. AUGUST 24, 1896 IN BOOK 257, PAGE
134 OF DEEDS.
&. INDICATES EXISTING PUBLIC HIGHWAY EASEMENT
TO THE COUNTY OF SAN DIEGO PER DOC. REC.
JUNE 4, 1984 AS FILE NO. 84-208303 OF
O.R.
Lß INDICATES PROPOSED SEWER EASEMENT PER
CHULA VISTA TRACT NO. 99-04, SAN MIGUEL
RANCH, PHASE 3, 'fI" MAP NO.1.
S.D.C.W.A. EASEMENTS
0 INDICATES EXISTING UTILITY EASEMENT TO THE
SAN DIEGO COUNTY WATER AUTHORITY PER
DOCUMENT RECORDED MARCH 26, 1959 IN
BOOK 7569, PAGE 143 OF OmCIAL RECORDS.
@ INDICATES EXISTING UTILITY EASEMENT TO THE
SAN DIEGO COUNTY WATER AUTHORITY PER
DOCUMENT RECORDED JANUARY 17, 1989 AS
FILE NO. 89-024571 OF OFFICIAL RECORDS.
@ INDICATES EXISTING UTILITY EASEMENT TO THE
SAN DIEGO COUNTY WATER AUTHORITY PER
DOCUMENT RECORDED AUGUST 10, 1993 AS
FILE NO. 1993-0516412 OF OFFICIAL RECORDS.
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WfTHlN S.D.C.W.A. EASEMENTS
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PUBLIC STREET RIGHT OF WAY PER
PROPOSED CHULA VISTA TRACT NO.
99-04 SAN MIGUEL RANCH PHASE 3 'JI"
MAP NO.1 WITHIN S.D.C.w.A. EASEMENTS
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LEGEND:
&. INDICATES PROPOSED PUBLIC TRAIL EASEMENT
PER CHULA VISTA TRACT NO. 99-04, SAN
MIGUEL RANCH.
¡;,.. INDICATES PROPOSED DRAINAGE AND ACCESS
ill EASEMENT PER CHULA VISTA TRACT NO. 99-04,
SAN MIGUEL RANCH PHASE 3 "A" MAP NO.1.
INDICATES PROPOSED LANDSCAPE BUFFER
.& EASEMENT PER CHULA VISTA TRACT NO. 99-04,
SAN MIGUEL RANCH PHASE 3 'A' MAP NO.1.
&. INDICATES EXISTING PUBLIC HIGHWAY EASEMENT
TO THE COUNTY OF SAN DIEGO PER DOC.
REC. AUGUST 24, 1896 IN BOOK 257, PAGE
134 OF DEEDS.
&. INDICATES EXISTING PUBLIC HIGHWAY EASEMENT
TO THE COUNTY OF SAN DIEGO PER DOC. REC.
JUNE 4, 1984 AS FILE NO. 84-208303 OF
OR.
&. INDICATES PROPOSED SEWER EASEMENT PER
CHULA VISTA TRACT NO. 99-04, SAN MIGUEL
RANCH, PHASE 3, A'MAP NO.1.
S.D.C.W.A. EASEMENTS
0 INDICATES EXISTING UTILITY EASEMENT TO THE
SAN DIEGO COUNTY WATER AUTHORITY PER
DOCUMENT RECORDED MARCH 26, 1959 IN
BOOK 7569, PAGE 143 OF OmCIAL RECORDS.
@ INDICATES EXISTING UTILITY EASEMENT TO THE
SAN DIEGO COUNTY WATER AUTHORITY PER
DOCUMENT RECORDED JANUARY 17,1989 AS
FILE NO. 89-024571 OF OFFICIAL RECORDS.
@ INDICATES EXISTING UTILITY EASEMENT TO THE
SAN DIEGO COUNTY WATER AUTHORITY PER
DOCUMENT RECORDED AUGUST 10, 1993 AS
FILE NO. 1993-0516412 OF OFFICIAL RECORDS.
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CITY OF CHUI.A VISTA
EASEMENTS PER PROPOSED
CHUI.A VISTA TRACT NO. 99-04
SAN MIGUEL RANCH PHASE 3
';4" MAP NO.1 WITHIN
S.D.C.W.A. EASEMENTS
EXHIBIT
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11'
COUNCIL AGENDA STATEMENT
Item /0
Meeting Date: 8/3/04
ITEM TITLE:
Resolution 2004- approving Change Order No.1 for the Local Streets
Pavement Rehabilitation project (STL-300) in the amount of $37,658.75,
Authorizing the Director of Public Works Operations to execute said
Change Order on behalf of the City, and authorizing staff to increase value
of contract to expend all available funds for this project.
Resolution 2004- approving a budget transfer in the amount of
$57,658.75 :!Ì'om the 2004 Pavement Rehabilitation project (STL-293) to
the Local Streets Pavement Rehabilitation project (STL-300) for additional
scope of work and staff time expenses incurred prior to and during
construction of the project, and additional inspection services.
Director of General Services fij) -s:-- ;'6 A'7 /
Director ofPubl!c Works Operation~ y
City Manage4t~ Dì" (4/Sths Vote: Y es.x..No~
On April 20, 2004, the City Council approved Resolution No. 2004-1Ì4 awarding a contract in
the amount of $114,565.80 to Frank and Son Paving for the Local Streets Pavement
Rehabilitation project (STL-300). According to City Council Policy No. 574-01, the proposed
Change Order exceeds the cumulative contract change order aggregate amount allowable to be
approved by the Director of Public Works Operations. Change Order No. I in the amount of
$37,658.75 is for additional streets to be included for pavement rehabilitation. Additional funds
in the amount of $20,000.00 are necessary to cover staff time expenses incurred prior to and
during construction of the project, and inspection services for the increased scope of work.
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: That Council approve Change Order No. I for the Local Streets
Pavement Rehabilitation project (STL-300) in the amount of $37,658.75 for additional scope of
work, authorize staff to increase value of contract to expend all available funds for this project,
authorize the Director of Public Works Operations to execute said Change Order on behalf of the
City, and approve a budget transfer :!Ì'om the 2004 Pavement Rehabilitation project (STL-293) to
the Local Streets Pavement Rehabilitation project (STL-300) in the amount of $57,658.75 for
additional scope of work, staff time expenses incurred prior to and during construction of the
project and inspection services as necessary to complete the project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
J:\General Services\GS Administration\Council Agenda\STL300\Change Order I\STL300 CO I AI13 070704.doc
10-/
Page 2, Item--1!2
Meeting Date Au!!ust 3. 2004
DISCUSSION:
The City of Chula Vista has an annual pavement rehabilitation project. Maintenance strategies
included with the annual pavement rehabilitation project consist of overlays, slurry seals, and
chip seals. Slurry seal pavement rehabilitation is typically conducted as a maintenance strategy
for streets approximately 7 to 10 years old. Proper maintenance of newer streets, such as slurry
seals, may decrease the probability of having to perform a more expensive rehabilitation such as
an overlay.
The slurry seal pavement rehabilitation project for fiscal year 02/03 included streets :fÌ'om the
Rancho Del Rey area. However, based on available funds for the project, a group of streets in the
Rancho Del Rey area was not completed (see Attachment). Due to resident inquiries regarding
timing of rehabilitation of the streets in the neighboring area and the necessity to rehabilitate said
streets, the additional streets are included in Change Order No. I.
We are requesting that $57,658.75 :fÌ'om the 2004 Pavement Rehabilitation project (STL-293) be
transferred to the Local Streets Pavement Rehabilitation project (STL-300). Said funds will be
sufficient to cover the cost of Change Order No. I, staff time expenses incurred prior to and
during construction, and inspection services necessary to complete the project and proposed
additional streets.
FISCAL IMPACT:
Proposed Change Order No. I will increase the contract amount to Frank and Son Paving, :fÌ'om
$114,565.80 to $152,224.55. The budget transfer of$57,658.75, will provide sufficient funds in
the Local Streets Pavement Rehabilitation project (STL-300) to cover the cost of proposed
Change Order No. I, staff time expenses incurred prior to and during construction, and
inspection services as necessary to complete the project.
Attachment:
Additional Scope of Work-List of Streets
Change Order #1
J:\General Services\GS Administration\Council Agenda\STL300\Change Order I \STL300 CO I AI13 070704.doc
/0-2
~\~
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Attachment 1
CIlY OF
CHUlA VISTA
General Services Department
July 7, 2004
0735-10-STL-300
CHANGE ORDER NO.1
CONTRACT:
CONTRACTOR:
LOCAL STREETS PAVEMENT REHABILITATION PROGRAM IN THE CITY OF
CHULA VISTA, CA (STL-300)
FRANK AND SON PAVING, INC.
The following changes shall be made to the above referenced contract between the
CITY OF CHULA VISTA and FRANK AND SON PAVING, INC. (Contractor):
The City of Chula Vista requested additional work to be performed by the contractor for the additional streets in
the Rancho del Rey neighborhood, AJtamira Development.
Type I Reas with Crack Sealing:
Slurry Seal of 183,400 sf
Pavement Markings:
Pavement Markings, arrows, crosswalks, and limit lines-Thennoplastic
40 If $14.71/lf
Pavement Markings:
Pavement Markings, Symbols, and Legends (Paint): 44sf
Removal and Replacement of AC Pavement:
Dig-Outs: 27 tons
Traffic Control:
Work Outlined in Specifications: lump sum
$0.15/sf
$27,510.00
$1.36/sf
$588.40
$59.84
$111.13/ton
$3000.51
$6500.00
$6500.00
Total Change Order Cost for Altamira Development
$37,658.75
The adjustment of contract time for this change order will be 15 DAYS.
ORIGINAL CONTRACT PRICE:
CHANGE ORDER # 1 Net Increase to Contract
REVISED TOTAL CONTRACT PRICE:
$ 114,565.80
$ 37,658.75
$ 152,224.55
The àgreed upon lump sum prices include all costs for fumishing all tools, labor, materials, equipment, incidental
costs, profit and fees for performing the work in this contract change and no additional compensation will be due.
It is agreed by the undersigned that this work shall be perfonned and materials furnished in accordance with the
original contract, Green Book specifications, newly provided plans and specifications, and applicable standard
drawings.
APPROVED BY
Dave Byers
Director of PWOPS
ORDERED BY
William A. Ullrich
Assist. Director PWOPS
J:\Er~SìeMI{j:mSTL_300\ChangeOrder #1 STL-300.doc
'Department
1800 Maxwell Road. MS 8-300
Chula Vista, CA 91911
Phone (619) 397-6220
Fax .(619) 397-6250 ! 0-3
~"é-
PRIISE
AT WORK
www.chulavistaca.gov
" Po"-Coo,em,,"'y"'""",,,
----
\::)
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--t.
LOCAL STREETS PAVEMENT REHABILITATION PROGRAM - STL300 - REAS
~
16
Moya Place
Padera Wa'
Padera Court
CDS: cul-de-sac
East end of cul-de-sac
East end of cul-de-sac
Huerto Place
South end of cul-de-sac
East end of cul-de-sac
183,400
STOP LIMIT LINES
QTY, EA 5F~~ AREA,
QTY, LF 1
SF/LF
221 20 20
I
I
20 20
40
»
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3
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-
II.)
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING CHANGE ORDER NO. I FOR THE LOCAL
STREETS PAVEMENT REHABILITATION PROJECT (STL-300) IN
THE AMOUNT OF $37,658.75, AUTHORIZING THE DIRECTOR OF
PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE
ORDER ON BEHALF OF THE CITY, AND AUTHORIZING STAFF
TO INCREASE VALUE OF CONTRACT TO EXPEND ALL
AVAILABLE FUNDS FOR THIS PROJECT
WHEREAS, on April 20, 2004, the City Council approved Resolution No. 2004-114
awarding a contract in the amount of$1l4,565.80 to Frank and Son Paving for the Local Streets
Pavement Rehabilitation project (STL-300); and
WHEREAS, according to City Council Policy No. 574-01, the proposed Change Order
exceeds the cumulative contract change order aggregate amount allowable to be approved by the
Director of Public Works Operations and
WHEREAS, Change Order No.1 in the amount of $37,658.75 is for additional streets to
be included for pavement rehabilitation.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the Change Order No.1 for the "Local Streets Pavement Rehabilitation
project (STL-300) in the amount of $37,658.75 and authorize the Director of Public Works
Operations to execute said Change Order on behalf of the City.
Presented by
Approved as to form by
£e~~
City Attorney
Dave Byers
Director of Public Works Operations
J:\attorney'molfinance\ change order No.1 - pavement rehah
10-6
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A BUDGET TRANSFER IN THE AMOUNT OF
$57,658.75 FROM THE PAVEMENT REHABILITATION FY 2004
PROJECT (STL-293) TO THE LOCAL STREETS PAVEMENT
REHABILITATION PROJECT (STL-300) FOR ADDITIONAL SCOPE
OF WORK AND STAFF TIME EXPENSES INCURRED PRIOR TO
AND DURING CONSTRUCTION OF THE PROJECT, AND
ADDITIONAL INSPECTION SERVICES.
WHEREAS, on April 20, 2004, the City Council approved Resolution No. 2004-114
awarding a contract in the amount of$114,565.80 to Frank and Son Paving for the Local Streets
Pavement Rehabilitation project (STL-300); and
WHEREAS, according to City Council Policy No. 574-01, the proposed Change Order
exceeds the cumulative contract change order aggregate amount allowable to be approved by the
Director of General Services; and
WHEREAS, Change Order No. I in the amount of $37,658.75 is for additional streets to
be included for pavement rehabilitation; and
WHEREAS, additional funds in the amount of $20,000 are necessary to cover staff time
expenses incurred prior to and during construction of the project, and inspection services for the
increased scope of work.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve a budget transfer in the amount of $57,658.75 :fÌ'om the Pavement
Rehabilitation FY 2004 project (STL-293) to the Local Streets Pavement Rehabilitation project
(STL-300) for additional scope of work and staff time expenses incurred prior to and during
construction of the project, and additional inspection services.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
lIattomeylresolfinancel change order No.1 - budget transfer (STL-JOO)
IO-b
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
BACKGROUND
CITY COUNCIL AGENDA STATEMENT
ITEM NO.:
MEETING DATE:
/1
8/3/04
RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM E
STREET TO H STREET FOR THE CHULA VISTA THIRD AVENUE LEMON
FESTIVAL ON AUGUST 15, 2004 FROM 4:00 A.M. - 9:00 P.M.,
WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS
LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND
VENDORS PARTICIPATING IN THE EVENT
RESOLUTION APPROVING CLOSURE OF THIRD AVENUE FROM "D"
STREET TO "I" STREET AND "H" STREET BElWEEN SECOND AND
FOURTH AVENUES, AND PORTIONS OF INTERSECTING STREETS ON
DECEMBER 4, 2004 FROM 1 :00 - 10:00 P.M. FOR THE ANNUAL
STARLIGHT YULE PARADE
RESOLUTION APPROVING CLOSURE OF A PORTION OF CENTER
STREET BElWEEN THIRD AVENUE AND DEL MAR AVENUE FROM 1 :00
- 10:00 P.M. ON SATURDAY, DECEMBER 4, 2004 AND WAIVING THE
PROHIBITION ON SIDEWALK SALES AND WAIVING BUSINESS LICENSE
FEES TO THE DOWNTOWN BUSINESS ASSOCIATION AND VENDORS
FOR PURPOSES OF HOLDING A CRAFT FAIR DURING THE STARLIGHT
YULE PARADE
RESOLUTION APPROVING AGREEMENT BElWEEN CITY OF CHULA
VISTA AND CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION FOR
SPECIAL EVENTS FOR 2004 AND AUTHORIZING MAYOR TO EXECUTE
SAID AGREEMENT
DIRECTOR OF COMMUNICATIONS IJ./
CITY MANAGER or
4/5THS VOTE: YES D NO ~
The Chula Vista Downtown Business Association (DBA) is requesting the closure of Third
Avenue and portions of other streets for three 2004 promotional events.
. Lemon Festival on August 15
II - /
PAGE 2, ITEM NO.:
MEETING DATE:
J/
8/3/04
. Starlight Yule Parade on December 4
Craft Fair on December 4
The Lemon Festival is an annual event. The DBA requests that Third Avenue be closed
between "E" and "H" streets from 4 a.m. - 9 p.m. on Sunday, August 15. Activities will
include live entertainment along with approximately 200 arts, crafts and food booths.
The Annual Starlight Yule Parade will be held for the 42nd year. For the parade, DBA
requests closing Third Avenue between "0" and "I" streets, between Second and Fourth
avenues and portions of intersecting streets from 1 p.m. - 10 p.m. on Saturday, December
4.
RECOMMENDATION
That the City Council adopt the resolutions:
a) Approving the closure of Third Avenue from "E" to "H" streets and
adjacent side streets to the alleyway on August 15, 2004 from 4:00 a.m. -
9:00 p.m. subject to the provisions and compliance with agreement.
waiving prohibition on sidewalk sales, and waiving business license taxes
for the DBA and vendors taking part in the event;
b) Approving the closure of Third Avenue between "0" and "I" streets, "H"
Street between Second and Fourth avenues, and other east-west streets
that intersect Third Avenue between "0" and "I" streets on Saturday,
December 4, 2004 from 1 :00 - 10 p.m. for the 42nd Annual Starlight Yule
Parade subject to the provisions and compliance with agreement;
c) Approving the closure of a portion of Center Street from Third Avenue to
Del Mar from 1 :00 - 10:00 p.m. on Saturday, December 4, 2004, waiving
the prohibition on sidewalk sales and waiving business license taxes for the
Downtown Business Association for a Craft Fair
d) Approving the agreement with the Chula Vista Downtown Business
Association for Lemon Festival and Annual Yule Parade and Craft fair for
2004 and authorizing Mayor to execute said agreement.
BOARDS/COMMISSIONS RECOMMENDATION
The Town Centre I Project Area Committee unanimously endorsed the street closures at
its meeting of March 17,2004.
DISCUSSION
Auaust 15.2004 - Lemon Festival
/1-2-
PAGE 3, ITEM NO.:
MEETING DATE:
If
8/3/04
The DBA is requesting the following for 2004 Lemon Festival:
1. The closure of Third Avenue between "E" and "H" streets Sunday, August 15, 2004
from 4 a.m. - 9 p.m.; and
2. Allowing sidewalk sales for each event; and
3. A waiver of business license taxes for the DBA and vendors taking part in each
event.
The closure of Third Avenue will affect the flow of traffic in the downtown area. The DBA
will be required to coordinate with the City's Traffic Engineer and prepare a traffic control
plan to the Traffic Engineer's specifications. The City's transit system will also be affected.
The Transit Coordinator's staff has agreed to the closure as long as "E" and "H" streets
remain passable for traffic. The DBA is aware of this stipulation and will abide by it.
The DBA has requested that the business license tax for promotional events be waived for
festivals. The taxes involved include a $5 assessment to the sponsoring organization (DBA)
and a requirement that each vendor have a Chula Vista business license (costing $12.50
to each business without a current business license).
In the past, the City has waived the business license tax for the DBA and vendors taking
part in these events in order to encourage participation. The rationale for waiving the fee
is that the festivals attract thousands of visitors and residents to the Chula Vista downtown
and promote the downtown businesses. The resulting effect will be the generation of
additional commercial activity and increased sales tax revenue to the City. Waiving the
business license taxes will encourage vendor participation. Since having a large number
of vendors will help ensure the success of the events, staff recommends the waiver.
This event includes food booths and an alcohol tent. These areas will be operated in
accordance with the regulations of the San Diego County Health Department, ABC and
City of Chula Vista Fire Department and Police Department.
Additional conditions are listed in the agreement between the City and Chula Vista
Downtown Business Association.
December 4. 2004 - Starliaht Yule Parade
The DBA is requesting the closure of Third Avenue between "D" and "I" streets and "H"
Street between Second and Fourth avenues. The parade route will be along Third
Avenue between "E" and "H" streets. Other areas of the closure will be used for pre-
parade staging, bus parking and parade debarkation. Second and Fourth avenues will
remain open to traffic at all times during the event. Chula Vista and San Diego Transit
busses will continue to run during the street closure, but they will run on advertised detour
routes.
! 1-3
PAGE 4, ITEM NO.:
MEETING DATE:
II
8/3/04
The parade is scheduled to begin at 5:30 p.m. and will end no later than 9 p.m. Street
closures are scheduled until 1 :00 - 10:00 p.m.
December 4. 2004 - Craft Fair
The DBA is requesting the closure of Center Street between Third Avenue and Del Mar
Avenue, plus a portion of Church Street to conduct a craft fair in conjunction with the
Starlight Yule Parade. This will be the third year for the event.
The DBA will be required to send notices to all businesses and residences located along
the parade route. Other conditions of approval inciude provisions for insurance, a Hold
Harmless Agreement. sanitary systems and posting of no parking signs.
AGREEMENT
Chula Vista Downtown Business Association and the City are entering into an Agreement
for the Special Events in 2004. The Agreement provides the City with indemnification for
claims arising from these events. Additionally, it incorporates a variety of conditions
governing the operation of the events.
FISCAL IMPACT
The City will incur the administrative costs of processing this request. The DBA has
requested that the business license taxes be waived for the events. The tax involved is
a fee of $5 to the sponsoring organization (DBA) and a $12.50 tax for each participating
vendor not currently having a Chula Vista business license. By waiving this tax, the City
will forego approximately $900 in fee for the major events, and less for the smaller ones.
Costs for each event are paid by the DBA or, in some instances, shared by City
Departments. Costs incurred for individual departments are itemized in their respective
budgets.
ATTACHMENTS
Hold Harmless Agreement
Conditions of Approval
J:\COMMDEV\STAFF.REP\O3-Q5-{)2\dbasfreel closures 02.doc
II-if
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE CLOSURE OF THIRD
AVENUE FROM E STREET TO H STREET FOR THE CHULA
VISTA THIRD AVENUE LEMON FESTIVAL FROM 4:00 A.M.-
9:00 P.M. ON AUGUST 15,2004; WAIVING THE PROHIBITION
ON SIDEWALK SALES; AND WAIVING BUSINESS LICENSE
TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND
VENDORS PARTICIPATING IN THE EVENT
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 1971, which created the Chula Vista Downtown Business
Association ("DBA"); and
WHEREAS, the DBA has requested the temporary closure of Third Avenue :fÌ'om E
Street to H Street from 4:00 a.m. - 9:00 p.m. on Sunday, August 15,2004, for the Third Avenue
Lemon Festival; and
WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk sales
so that the DBA and vendors can sell items which will complement the Festival; and
WHEREAS, to encourage participation in the event, the DBA is asking for a waiver of
business license taxes for those individuals or companies participating in the Festival.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the closure Third Avenue :fÌ'om E Street to H Street from 4:00 a.m. -
9:00 p.m. on Sunday, August 15,2004.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby
waives the prohibition on sidewalk sales on that portion of Third Avenue subject to the closure.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby
waives the requirement to collect business license taxes from the Downtown Business
Association and vendors participating in the Lemon Festival.
Presented by
Approved as to form by
Liz Pursell
Director of Communications
D &\.-- 7 . ,-/. --
Ann Moore
City Attorney
lhomelallarneylresolspecia/ eventslLemon Festiva/2004.doc
11-5
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE CLOSURE OF THIRD
AVENUE FROM D STREET TO I STREET AND THE CLOSURE
OF H STREET BETWEEN SECOND A VENUE AND FOURTH
AVENUE FROM 1:00 P.M. - 10:00 P.M. ON SATURDAY,
DECEMBER 4, 2004 FOR THE ANNUAL STARLIGHT YULE
PARADE
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 1971, which created the Chula Vista Downtown Business
Association ("DBA"); and .
WHEREAS, the DBA has requested the temporary closure of Third Avenue :fÌ'om D
Street to I Street and the closure of H Street between Second Avenue and Fourth Avenue from
1:00 p.m. -10:00 p.m. for the annual Starlight Yule Parade on Saturday, December 4,2004; and
WHEREAS, the Starlight Yule Parade has been a Downtown and City tradition for 42
years and the City Council finds that the parade is a benefit to the community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the closure of Third Avenue :fÌ'om D Street to I Street and the closure
ofH Street between Second Avenue and Fourth Avenue (including any intersecting streets to the
alleyway) on Saturday, December 4,2004 :fÌ'om 1:00 p.m. - 10:00 p.m. for the annual Starlight
Yule Parade on .
Presented by
Approved as to form by
Liz Pursell
Director of Communications
D O\.A.- 7 . H- a..-
Ann Moore
City Attorney
lhomelallorneylmolspecia/ eventslYu/e Parade 2004 B.doc
)/-t:;
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE CLOSURE OF A PORTION OF
CENTER STREET BETWEEN THIRD A VENUE AND DEL MAR
AVENUE FROM 1:00 P.M. - 10:00 P.M. ON SATURDAY,
DECEMBER 4, 2004 AND WAIVING THE PROHIBITION ON
SIDEWALK SALES AND WAIVING BUSINESS LICENSE TAXES
TO THE DOWNTOWN BUSINESS ASSOCIATION AND
VENDORS FOR THE PURPOSES OF HOLDING A CRAFT FAIR
DURING THE STARLIGHT YULE PARADE
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 1971, which created the Chula Vista Downtown Business
Association ("DBA"); and
WHEREAS, the DBA has requested the temporary closure of portions of Center Street
:fÌ'om Third Avenue to Del Mar Avenue :fÌ'om 1:00 p.m. - 10:00 p.m. on Saturday, December 4,
2004; and
WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk sales
so that the DBA can conduct a Craft Fair which will complement the Yule Parade; and
WHEREAS, the DBA is asking for a waiver of business license fees for those individuals
or companies participating in the Craft Fair; and
WHEREAS, the Starlight Yule Parade has been a Downtown and City tradition for 42
years and the City Council finds that the parade is a benefit to the community.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the closure of portions of Center Street between Third Avenue and
Del Mar Avenue (including any intersecting streets to the alleyway) :fÌ'om 1:00 p.m. - 10:00 p.m.
on Saturday, December 4, 2004.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby
waives the prohibition on sidewalk sales on that portion of Center Street subject to the closure
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby
waives the requirement to collect business license taxes :fÌ'om the Downtown Business
Association and vendors participating in the Craft Fair during Starlight Yule Parade.
Presented by
Approved as to form by
Da.v.: ì, ffQ-
Liz Pursell
Director of Communications
Ann Moore
City Attorney
Ihomelattorneylresolspecial eventslYule Parade 2004 A.doc
11- 7
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND CHULA VISTA DOWNTOWN
BUSINESS ASSOCIATION FOR SPECIAL EVENTS FOR 2004
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the City Council of the City of Chula Vista established a Business
Improvement Area on November 16, 1971, which created the Chula Vista Downtown Business-
Association ("DBA"); and
WHEREAS, the DBA has requested to close a portion of Third Avenue on August 15,
2004, for the Third Avenue Lemon Festival and portions of Third Avenue, H Street and Center
Street on December 4, 2004, in order to conduct the Starlight Yule Parade and Craft Fair.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Agreement between the City of Chula Vista and Chula Vista
Downtown Business Association for Lemon Festival and Annual Yule Parade and Craft Fair
2004, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said Agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form
']) 0.-- '7. 1-1 ~
Liz Pursell
Director of Communications
Ann Moore
City Attorney
Ihomelallo,neyl,esolspecial eventslSpecial E"nls 2004 Agmt.doc
//-2
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
po.- 7. t-I-.:--
Ann Moore
City Attorney
Dated:
Agreement between the
City of Chula Vista and
Chula Vista Downtown Business Association
For
Lemon Festival and Annual Yule Parade and
Craft Fair 2004
7 <2. 6-e> '/
/f-q
AGREEMENT
between
CITY OF CHULA VISTA
and
CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION
for
Lemon Festival and Annual Yule Parade and Craft Fair 2004
1.
Indemnification.
In consideration of, and as a condition to, the City of Chula Vista approval of the Lemon
Festival and Annual Yule Parade and Craft Fair (hereinafter "Special Event"), the Chula
Vista Downtown Business Association (hereinafter "CVDBA") shall defend, indemnify,
protect and hold harmless the City of Chula Vista and Redevelopment Agency of the City
of Chula Vista, their respective agents, elected and appointed officers and employees
(hereinafter collectively referred to as "City"), :fÌ'om and against all claims for damages,
liability, cost and expense (including, without limitation, attorney's fees) arising out of
the conduct of the CVDBA, or any agent, officer employee, subcontractor, or other
person acting on behalf of the CVDBA in connection with the Special Events to be held
in 2004, except for those claims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising :fÌ'om the sole negligence or sole willful
misconduct of the City.
CVDBA shall also defend, indemnify, protect and hold harmless the City :fÌ'om liability
arising :fÌ'om, connected with, caused by or claimed to be caused by the active or passive
negligent acts or omissions of the City which may be in combination with the active or
passive negligent acts or omissions of the CVDBA, its employees, agents or officers, or
any third party.
CVDBA indemnification shall include any and all costs, expenses, attorneys fees and
liability incurred by the City in defending against such claims, whether the same proceed
to judgment or not. CVDBA's obligations under this Agreement shall not be limited by
any prior or subsequent declaration by the CVDBA. CVDBA's duties under this
Agreement shall survive a decision by either party to terminate the other obligations
associated with the Special Event to be held in 2004.
2.
Conditions of Operations.
CVDBA shall comply with the Conditions of Approval identified in Attachment A and
Attachment B.
3.
Insurance.
11-10
The Downtown Business Association must provide, 10 days prior to the Special Event,
evidence of general liability insurance in the amount of $3 million in the form of a
certificate of insurance and policy endorsement satisfactory to the City, naming the City
of Chula Vista and the Chula Vista Redevelopment Agency as additional insured.
Executed this - day of
, 2004 in the City of Chula Vista, California.
CVDBA
CITY OF CHULA VISTA
B~A- ~
By:
Steve Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attorney
1/-11
ATTACHMENT A
CONDITIONS OF APPROVAL - LEMON FESTIVAL
10. The location of the food and beverage tents shall be approved by the Police and Fire
Department at least 30 days prior to the event.
11. Sales, service and consumption of alcoholic beverages shall be permitted in the areas
designated on the ABC application diagram. Persons may not take alcoholic beverages
from the designated area nor shall persons be allowed to bring alcoholic beverages into
the designated area.
12. Applicant shall provide one (1) security person at each public entrance and exit for each
area noted in condition #11 and one (1) security person at each bar. Said security
persons must wear distinctive apparel and be present in the area where consumption is
taking place at all times that the license privileges are being exercised.
The security persons will prevent people from carrying alcoholic beverages outside the
designated area as well as preventing people from bringing alcoholic beverages into the
designated area as noted in condition 11. The security persons will verify the age of each
person who wishes to purchase or consume alcoholic beverages. No persons will be
allowed to purchase or possess alcoholic beverages without showing proper identification
verifying the age of the individual.
13.
14. Alcoholic beverages may only be sold in distinctive paper, plastic, or Styrofoam cups and
no other containers may be used for the dispensing of alcoholic beverages.
15.
All persons serving or dispensing alcoholic beverages must be at least 21 years of age.
16.
No more than two (2) alcoholic beverage containers may be purchased by anyone person
at anyone time.
17.
Cup size for alcoholic beverages shall not exceed 16 ounces.
Signs must be posted indicating "No one under 21 years of age allowed" in the bar area.
No signs are required at the food court. No persons under 21 years of age may be
allowed in the bar area. The food court will be open to persons of all ages. If no food
service is available inside the food court, it will be considered a bar area, and no persons
under 21 years of age may be present.
18.
19. A three foot tall fence must separate the bar area and food court from other public areas.
Ii -í 2..
ATTACHMENT B
CONDITIONS OF APPROVAL - YULE PARADE
CONDITIONS OF APPROVAL
FOR'
STARLIGHT YULE PARADE
1.
The DBA shall provide for adequate traffic and crowd control, as determined by the City's
Traffic Engineer and Police Department.
2.
The DBA shall provide adequate litter control during and after the event, including
professional street sweeping.
3.
The DBA shall notify all property owners and tenants (including businesses and residents)
that will be affected by the street closure. The notification must be sent by first class mail
at least seven days prior to the event date.
4.
The DBA will be responsible for measures to insure that the noise generated by the
event's activities does not reach an excessive level. The DBA will undertake the following
measures in order to implement this condition:
a. DBA shall continually monitor noise levels of performing bands and other sound-
emitting devices and will make adjustments as needed.
7.
The Downtown Business Association must provide, 10 days prior to the parade, evidence
of general liability insurance in the amount of $3 million, in the form of a certificate of
insurance and an additional endorsement page naming the City of Chula Vista, its
officials, officers, agents, employees and volunteers as additional insured. The
endorsement page must include name of the insured, policy number and policy period.
8.
The Downtown Business Association must execute an agreement to hold the City
harmless from any liability stemming from parade activities in the street.
9.
The Downtown Business Association shall provide portable toilets along the parade route.
10.
The Downtown Business Association shall provide and post "No Parking" signs in a form
acceptable to the City Traffic Engineer, along the parade route. Posting must take place
in a minimum of forty-eight (48) hours in advance of the effective time.
/ /--/3
)1:
FAX H). :
I1ar. 29 2æ4 07:42A1 P3
P"IIdClU
-
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GROUP/ORGANIZATION
WANEft. AND RElEASE OF UABlLI1Y
ORGAHIZATIONIOROUP NAMe: G h 11..1 IV VI b ~ Þu wrv70WV\.J ~1~ frt S oc.l o...hÞk.
!VENT NAME: L.~~ r ~ç1"i vø...l
ewNTDATE: ~,,^.rt I'S, 2-ðO+
ON EIEHAU' OF THI! ABOW ORGANIZATIONIGROUP. I expIM8Iy WANE, RElD8I! and. Dl8CHARGE the City of
Chula VtsIa. 18 ofIIcers. agents, and empIoyees« tIftt oilier penon from Inf and aI UABIU1Y fa.ny de8th. disability.
perBONII injury, property d8m8ge. property theft 01 acIionI.lndudingany 8I8ged 0I8å181 negf9n acl or oInÎS$iOl'\l.
regardle88 ø/ wheIher such acl Of omI8eIcCIl8 8CIve Of"'" whIctI rNlf eccrue . myself 01 mernber8 of my
0Ig8I1izaIJ0nIg Of our I1tIn In conn«:llOn wIIh our I8IticIþdxI1n !he ~ IIY8I'It. I fuUy under8tand and
ICknowIedOa that !hi CITY OF CHULA VISTA 18 ~ on my!lpl'll8llllllo that I hive ~!D sign IhI8
document end that I wi provide 811 rnetnbItI d rtPf;roup. completed Cl1(If of this WIiWt prior!D aur pIIIIicIpIIIon.
I expt88SIy INDI!IINIFY AND HOt.D HARII1.Ø8!h1 cay of ChuIa VIIta. Ita e1ect8c18Id1ppClinled ofIIcI8Is; oIIIcenI.
agents end empIcr¡ee& from any end II IIMIieI 01 cIøIn'I8 made by me 0I1ITf ~. mylOllr hetnI and IlTy
o\he( fndlvldu8ls Of enIi1IeIIu . re8UIt of, Olin ,.."., ~ !D. 0I1IriIIng flam. \he Mint IdenIII'øI hentIn. any of
rnyfoIJr actiona In oonnedIon wIIh rrrt/GS patticipIIIIon In IhII event except fat thoae dIIma RIng from the tItIIe
negligence ΠtItIIe wl1ifui conduct of \he OIly. II cIIIciII8. otIIcers, empIoyIII. voIIIII88a or oIhIr I'I )fII8n1a11v88. Such
indImnI!IcaIIan Includes IIIbIIIty eeItIemenI8. daINga IWInI8, CO8II and IIamIIy ,.. 888OCIItIId WIIIIIlTy sudI cI8Ima.
I ~ cedIfy that I hIM røad IhI8 dcwnenI. IIIdnt8nd lis ccntInt. and am auIIIGItzed 10 sign IhII document on behalf
of alllIVII'IIbn d !hi group I repreunl
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NAMe' B L ~ k'e
TITL~ J: r < = ,..... þ, vtd"v-
ADDRESS: 2-í1,- Th;-I'"{;:{ t=t~v
CVL~VI~-m., Cli ~tlqlo
RMurn //-1'1 ..
:If cI Chula VIllI. 00II\fII888d 8tIH/8IihInt ~,I!I UI II ferm"" enr......... ............. "-"lioii fA:
=:"~,:,2~~AveIÞ, alUleVl8lltCA 81810. TeI:81M8f-eat8 F8IC8'~
---..- ".....,~.... '-""bw...lICItlle~
FROM:
FAX NO. :
Mar. 29 2004 07:43AM P7
Plge3o13
.
adlh
GROUP/ORGANIZA TION
WAIveR AND RELEASE OF lIABILITY
ORGANIZATION/GROUP NAME: C VI 11\..0(0\. II\.~ W .ÞvvvVV-tu WVV 1$/11...81 ~ ff¡;-.l;""z:¡coÄ...hM.-i
EVENT NAME: £,-mN1 ~ Y tJ...Ú ~
IMNTDATE: \ '2--/4104-
ON SI!HALf OF THE! ABOVE ORGANIZA TIONJOROUP, I expressly WNV!. RELEASE and DISCHARGE the City of
Chula vista, its officers, Ilgenl8, III'Id employees or any other person from any III1d 811 LIABILITY for any deelh, disabillly,
personallnJUIY, property damage, property \heft or actions, including any llileged or actual negHgent act or omissions,
regardless of whether luch sct or amllslon Is active or pastve which may accrue to myself or members of my
argenlZeUonJgroup or our hel" In IJOnneotlon with our particIpatton In the 8bove-deeeribed event I fUlly understand and
acknowledgelhat the CITY OF CHULA VISTA 18 rel'¡lng on my repl'èGenl8lton that I have authorization to sign this
document and that I will provide at! members cf my group a completed copy of this Wlltver prior to our partlclpetton,
I ex¡:¡reaely INDEMNIFY AND HOLD HARMLY8 \he Cily of Chula Vim. ItIIIlItIcIød IIFtd eppo/ntlld officials, officers.
agents and amploy- from any and alillabllilles or cI8lms made by me or my organization/group, my/our heirs and any
other Indlvtduels or entItIes IS a mult of, or In anyway rel8l8d \D, or arlel"" from, the event Identlflad herilln, any Of
my/our Bollons in conneotlon With my/our particlpetton In this event exœpt for thOSG clalm& arising from the IIOIe
negligence or sole WIllful conduct oflhe Clly.1I8 officials. officers, employees, volunteers or other representatlV88. Such
Indemnification Includes lIabRIty seWemente, damage awards, costs and attorney fees anOCiatlld with any such claims.
I hereby certify thllt I have reed thill document, understand 118 content, end em authorized to sign this document on behalf
of all members of the group Irepl'B88nt.
~ru~
( ¡'leI. PrInt».
TITLE: "t-)Ce-~..()I~
ADDRESS: 2..:7.7.- ---rhl....-çt ~
~o...~ Cfl q I Co¡ ( 0
11-/5
Reblm oomp\ellld 8 I8C1a1 Event AøøUoetIon fonn, Plua - 8ddIIIon81 8t18ohn.". . Infonnllll- to'
City of Chul. VIII!8 - 0ftIc8 of Cammunl_. . z7Í1 Fourth A~. Chul8 VI8ÞI CA 91910 . Tel: 81s.891-ð298 FeX: 819-409-6448
Ffxms muot". -.mod at '-of 41 daJ'll prIOr 10 IWIlt - dIIIJJ. /1IØOIII I/fItø Ibmro wlU not". ~
PAGE " ITEM NO.: /:l..
MEETING DATE: 08/03/2004
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE:
RESOLUTION APPROVING DOWNTOWN PROPERTY AND BUSINESS
IMPROVEMENT DISTRICT ANNUAL COST OF LIVING ASSESSMENT
ADJUSTMENT
COMMUNITY DEVELOPMENT DIRECTOR f1.tA
CITY MANAGER (JJ t)~
SUBMITTED BY:
REVIEWED BY:
4/5THS VOTE: YES D NO 0
BACKGROUND
The Downtown Properly and Business Improvement District (PBID) may authorize annual cost of
living increases of up to five percent, pursuant to Section VI (C) of the adopted Management Plan.
Increases are recommended by the PBID Board of Directors and forwarded to the City Council for
final approval. For the upcoming tax year (2004-2005), the PBID Board of Directors has
recommended an assessment increase of 3.0 percent, which is consistent with the regional
consumer price index increase.
RECOMMENDATION
Adopt Resolution approving Downtown Properly and Business Improvement District Annual Cost
of living Assessment Adjustment.
BOARDS/COMMISSIONS RECOMMENDATION
On July 7, 2004, the Downtown Properly and Business Improvement District Board of Directors
voted unanimously to recommend approval of the cost of living assessment increase of 3.0
percent.
DISCUSSION
The Downtown Properly and Business Improvement District (PBID) was formed in 2001 and has
been aggressively implementing a number of "clean and safe" neighborhood programs, as well
as 24-hour graffiti removal, enhanced landscape maintenance, and retail recruitment efforts
within the downtown Third Avenue area. The PBID was inaugurated for a five-year term, with
annual cost of living increases allowed up to 5 percent based on the regional consumer price
index. The proposed increase will take effect for the 2004-2005-tax year, for which properly tax
bills will be due in December 2004 and April 2005.
/~-J
PAGE 2, ITEM NO.: / ;;;L.
MEETING DATE: 08/03/2004
The current annual PBID budget is $326,560, which includes Maintenance ($54,000),
Operations ($186,660), and advertising, contractual services, and promotional activities
($85,900) associated with the four PBID committees (promotional, economic restructuring,
design, and organizational). With the proposed 3.0 percent cost of living increase, the
Downtown Business Association (DBA), which manages the PBID, will continue to budget based
on the breakdown noted above, with minor adjustments as may be needed from time to time as
authorized in the PBID Management Plan. The fallowing is a list DBA accomplishments for the
third year af the initial five-year PBID:
.
Updated and reprinted 2003 Developer Brochure.
Prepared and submitted application for a 501 C3 Non-Prafit for a Cultural Arts District.
Held first downtown sidewalk sale.
Completed and dedicoted a mural at Third Avenue and Center Street.
Painted over 126 areas with graffiti at na cost to property owners.
Initiated program to artistically paint downtown utility boxes.
Partnered with property owners to sell five downtown parcels.
Instrumental in attracting a new restaurant at Third Avenue and Davidson Street.
Applied for a Community Enhancement County Grant.
Developed and conducted customer surveys.
Strengthened member communication with an improved newsletter and weekly e-mail
bulletins; updated member directory.
Added press release section (sends releases to aver 100 media contacts), and a user-friendly
search capability function to the DBA Website.
Upgraded office computer system to improve neiwork backup.
Purchased sidewalk sweeper and started sweeping on a weekly basis.
Developed coupon program to promote area merchants and downtown events.
Purchased six new cement style trash containers and ten cement style ashtrays.
Hired contractor to re-plant flowerbed planters with colorful year-round flowers.
Purchased uniforms for maintenance personnel.
Compiled a reference library of informative business topics to assist DBA members.
Organized petition drive (3,600 signatures compiled) to encourage Trader Joe's to open a
location in downtown Chula Vista.
Partnered with the City to complete the downtown monument sign.
Organized and managed the annual Cinco de Mayo and Lemon Festival events, which
attracted over 45,000 and 35,000 attendees, respectively.
Actively participated with the City's Concerts in the Park series.
Received proclamation from the City for continued support of arts and cultural events in
downtown Chula Vista.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
/é?-~
PAGE 3, ITEM NO.: / ~
MEETING DATE: 08/03/2004
Projects underway or ongoing include:
.
Development of downtown design standards.
Preparing action plan to sweep downtown parking lots and alleyways.
Initiated process of updating Bylaws.
Continue support of proposed downtown higher density mixed-use concepts.
Continue support of Boyfront planning process.
Update DBA Website listings of available downtown properties for sole or lease.
Maintain an interest list of available downtown properties.
Quarterly seminars to assist members in marketing and business development efforts.
Free booths at downtown events for member businesses.
Frequent maintenance of downtown street furniture.
Management of the Farmers Market, which attracts over 2,000 visitors weekly.
Partnering with the City in keeping the downtown trees lit year around.
Continued support of the annual Holiday Lighting Program.
Monthly meetings with the Mayor and City Manager to discuss downtown issues.
.
.
.
.
.
.
.
.
.
.
.
.
.
FISCAL IMPACT
The Redevelopment Agency is responsible for payment of the assessment on all City- and
Redevelopment-owned properties within the PBID. The third year's assessment was $45,315.
With the 3 percent increase, the new assessment will be approximately $46,674. Unspecified
fiscal benefits should accrue to the City and Agency from the continuing improvement of the
downtown physical environment, and from ongoing retail and developer recruitment efforts.
J :\COMMDEV\ST AFF.REP\O8-03-04\COLA increase -,eport.doc
I J- j
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING DOWNTOWN PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT COST OF LIVING
ASSESSMENT ADJUSTMENT
WHEREAS, the Downtown Property and Business Improvement District (PBID) was
established by a vote :fÌ'om the affected property owners in 2001, and became effective on
January I, 2002 under a management agreement with the Downtown Business Association
(DBA); and
WHEREAS, Section VI (C) ofthe adopted Management Plan provides for annual Cost of
Living Adjustments (COLA) based on the regional San Diego Consumer Price Index (CPI) or 5
percent, whichever is less; and
WHEREAS, on July 7, 2004, the PBID Board of Directors voted unanimously to
recommend an assessment increase of3.0 percent, which is consistent with the CPI increase; and
WHEREAS, the increase will take effect for the 2004-2005-tax year, for which property
tax bills are due in December 2004 and April 2005; and
WHEREAS, the City Of Chula Vista recognizes the important work of the PBID in the
revitalization and improvement of the Downtown area and concurs with the provisions of the
Management Plan with respect to annual COLA increases;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a Downtown Property and Business Improvement District Cost of
Living Assessment Adjustment of 3.0 percent for FY 2004/2005, and authorizes and directs staff
to take all appropriate measures to implement the increase.
Presented by
Approved as to form by
Vc- 7, tJ-
Ann Moore
City Attorney
Laurie Madigan
Director of Community Development
/ c:?-,¿j
COUNCIL AGENDA STATEMENT
I~
Item:
Meeting Date: 8/03/2004
ITEM TITLE:
PUBLIC HEARING CONSIDERING A MEASURE
AMENDING CHAPTERS III (ANIMAL CONTROL), VI
(POLICE), VII (RECREATION), AND )N (FIRE) OF THE
CITY'S MASTER FEE SCHEDULE AND CREATING A NEW
CHAPTER FOR NATURE CENTER FEES
RESOLUTION APPROVING CHANGES TO
THE MASTER FEE SCHEDULE
SUBMITTED BY:
Fire ChiefiZ/<:- f"I i
Nature centerE'rec~ D P
Chief of Police
Director of Re eatio
Assistant Director of Bu get and Analysis CiI
REVIEWED BY: City ManagerGfrvr' (4/5ths Vote: YeslLNo ~
Several departments are recommending changes to the Master Fee Schedule to
update flat fees; these departments include Fire. Nature Center, Police, and
Recreation. The proposed changes include both amendments to existing fees
and the implementation of new fees.
RECOMMENDATION: That Council approve the changes to Master Fee
Schedule.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: As part of the FY 2004 & 2005 budget process, departments
were asked to review their respective flat fees to ensure they were in line with the
cost of providing the associated services. Flat fees are generally used when the
cost of the service is consistent among various users and the effort that would be
required to bill based on actual costs would be unnecessarily cumbersome. In
some instances these fees have not been adjusted for many years.
Staff identified a number of areas where fee adjustments were warranted and
presented these recommendations to Council in the FY 2004 & 2005 Proposed
13-/
Page 2,ltem: 13
Meeting Date: 8/03/2004
Budget. The fee changes were not included with the budget adoption because
staff required additional time for public input, fiscal analysis, and legal review. As
part of the review process staff met with representatives from the Chula Vista
Chamber of Commerce and Chula Vista Downtown Business Association. Both
organizations support the proposed fee increases (see Attachments A and B).
The remainder of this discussion presents a summary of the proposed fee
changes by department.
Fire De. artment
Staff is recommending a number of changes to the Fire Department's fee
schedule to reflect increased personnel and equipment costs and to improve
equity. Staff is also recommending several new fees as allowed by the California
Fire Code. It is estimated that the update of existing fees and the implementation
of new fees will result in the generation of $70,000 in additional revenue. A
complete listing of the proposed changes to the Fire Department chapter of the
Master Fee Schedule is presented in Attachment C.
Fire Permits
The Fire Prevention Division issues a fire permit to businesses where conditions
are hazardous to life or property. This requires an annual inspection to be
performed by a Fire Inspector. Staff is proposing an increase to capture current
Fire Inspector costs at full cost recovery. These fees were last updated in 1995.
With a few exceptions, the majority of fire permits fees are proposed to a new flat
rate of $95, an increase of $30, in an effort to recover the cost of conducting the
inspection.
Some fire permits require additional fire inspection staff time due to the nature
and level of hazard. In these cases Fire Inspectors are required to inspect the
business and conduct an analysis of the chemical inventory. In an effort to
recover the cost of issuing these permits the proposed rate is based on the
average time spent performing the inspection.
The Fire Department is also proposing a revision to the multiple permit fee
structure. Currently, when more than one permit is required for the same
location and/or business, the Master Fee schedule allows the fire department to
charge for only one permit. Large businesses or warehouses require annual
inspections for multiple permits. Staff is proposing to implement a fee structure
that would allow recovery of staff costs in conducting multiple inspections at one
facility. Cognizant of being a business friendly community, staff is proposing a
cap of $750 be implemented to ensure fees are not cost prohibitive to businesses
in Chula Vista.
13-2
Page 3,ltem: )3
Meeting Date: 8/03/2004
Currently the Master Fee Schedule allows the Fire Department to issue 24 types
of permits. Consistent with the Section 105.8 of the California Fire Code, the Fire
Department is requesting the addition of 6 new permit types previously omitted
from the Master Fee Schedule. Implementation of the new permits will allow the
Fire Department the opportunity to recover the cost of conducting a fire
inspection at these facilities. The six new permits are for business which include:
. Lumber Yards
. Magnesium Operations
. Batteries Systems
. Malls, both open and covered
. Fumigation or thermal insecticide fogging
. General Use permit for conditions hazardous to life or property
Plan Review and Inspections
Currently there are required special inspections conducted by the Fire
Department, which are performed at no charge. Most of these inspections are
conducted for day care providers, convalescent homes and hospitals as required
by Federal, State or other government agencies. Staff is proposing to recover
the cost of inspection for these facilities. The proposed fees will recover the cost
of the average time spent to perform these inspections. A sampling of these new
fees include:
Service'.....~....... ... .................. ..Fees
home
$ 95
$105
$150
$130 flat fee plus $10
erfloor
In addition to the proposed new inspection fees, the fire Department is
recommending the addition of a failed inspection fee of $95 where violations
have not been mitigated by the third occurrence. The fee would encourage
compliance. Currently there is no incentive to comply in a timely manner to failed
inspection notices.
Due to the volume of required inspections, the Fire Department is also proposing
to implement a new fee of $95 for inspections not cancelled two-hours or more
prior to the established appointment time. Recently, Fire Inspectors have
experienced an increase in unreported cancellations. This fee would encourage
readiness for inspection and result in a more efficient use of staff time.
Staff is recommending an update to the current plan check fee schedule. The
update will include changes to existing fees and implementation of three new
/3,.3
Page 4,ltem: 13
Meeting Date: 8/03/2004
fees. The existing fees have been modified based on system size instead of a
flat rate. This will help recoup staff costs associated with larger systems. The
modifications to existing fees include:
$275
$185
$135
Staff is also recommending the implementation of new fees for plan reviews and
inspection; these include new fees for reviewing residential fire sprinkler systems,
technical reports, and failed inspection/tests. As part of this recommendation is
the establishment of a fee for Standpipe Systems that was omitted from the
current Master Fee Schedule, this resulted in these systems being reviewed and
inspected at no charge.
A flat fee of $150 is proposed for review and analysis of technical fire and life
safety reports. These reports are prepared by fire protection engineers, hired by
businesses, and submitted to the Fire Department for review and approval. Fire
Inspectors are required by the California Fire Code to review technical reports
prepared by an independent fire technician. Technical reports provide a detailed
accounting of all flammable and hazardous materials and fire systems for new
businesses or development. In the past, the Fire Department has reviewed
these reports at no cost to the developer however recent growth and construction
has increased the number of required technical report reviews. The cost of
performing the technical review is not included in the plan review fee. This new
fee will help recover staff time associated with the review and approval of
technical reports.
In addition, staff is recommending a new fee for failed construction inspections.
This fee would encourage readiness for inspection and result in a more efficient
use of staff time.
Activity.~ . . Current Fee Proposed Fee
NA
NA
NA
NA
Zonina Permit Fees
Staff is working in conjunction with the Planning and Building Department on a
recommendation to amend the zoning permit fees to recover fire inspection
costs. When completed, staff will return to Council with its recommendation.
13-,-/
Page 5,ltem: i 3
Meeting Date: 8/03/2004
Nature Center
Staff is recommending increasing admission fees to the Nature Center, which
have not been changed since 19931. Since the fees were established, the cost
of operating the Nature Center has increased significantly. During the last few
years, the Nature Center has made numerous improvements including the
addition of the Shorebird exhibit, Raptor Row, Eagle Mesa, David A. Wergeland
Shark & Ray Experience, and the Home Composting Garden and Field Lab.
Most recently, the Nature Center has had to incur the cost of the Nature Center
transit route as the Metropolitan Transit Development Board decided to no longer
subsidize this route. For fiscal year 2004 the cost for transit service is
approximately $65,000; the increased fee is expected to only offset a portion of
the transit operations costs. Staff is recommending maintaining the fees low to
promote diverse cultural, educational, and recreational opportunities. It is
anticipated that the increased admission fees will result in an additional $33,000
in revenue. The proposed fee amendments are as follows:
Admission Current New
Adults (18+)
Seniors (55+)
Juniors (12-17)
Students (18+ with 10)
Children (6 -12)
Children (under 6)
$3.50
$2.50
$1.00
$3.50
$1.00
Free
$5.00
$3.00
$3.00
$3.00
$2.00
Free
Staff is also recommending that facility rental fees be included in the Master Fee
Schedule. These fees generate approximately $3,100 in revenue. These fees
include the use of the facility by other business or private party entities for events
such as meetings, conferences, training sessions, and special events. The fees
have been set relative to other facilities available for use in the greater San Diego
area.
Event T pe Proposed Fee
Conference, meeting
Reception (each 100 people)
Dinner (indoor seating)
Dinner (outdoor seating)
Child's Birthday Party
Wedding/Reception
$300
$500
$500
$750
$150
$1,500
A complete listing of the proposed changes to the Nature Center chapter of the
Master Fee Schedule is presented in Attachment D.
1 Admission fees for seniôr citizens were adjusted to change the eligibility for Senior from 65+ to
55+ to be consistent with national trends.
/3-5
Page 6,ltem: 13
Meeting Date: 8/03/2004
Police De,artment . c>..;. .......
The security alarm permit fee has not been increased since 1995, when it was
amended to establish a higher fee for commercial security alarm permits. The
security alarm permit fees offset the cost of administering the alarm-permitting
program. This includes the salary of the office specialist that maintains the
permitting database. Since 1995, the cost of this position has risen significantly
due to MOU salary increases and the increasing costs of health and retirement
benefits. The Police Department is recommending amending the fee to reflect
higher costs by applying the increase in the Consumer Price Index from 1995 to
2004. During this time period the Consumer Price Index rose approximately
25.5%. It is estimated that the increase in the permit fee will result in $43,711 in
additional revenue. The proposed fee amendments are as follows:
The Police Department is also recommending the addition of a $10 adoption fee
that will generate an estimated $40,730 to fund a part- time adoption counselor.
The goal is to establish a more formal adoption program to increase adoptions
and placements and decrease the euthanasia rate. The Animal Shelter has had
success in increasing the adoption rate since it hired an Adoption Counselor on a
temporary basis. The addition of this fee will allow the department to continue
with this successful program.
The current fee structure for adopting animals is as follows:
-- . , ,
Adoption
Altered $50 $40
Unaltered $30 $30
Neuter Deposit $40 $40
Spay Deposit $40 $40
Rabies Shot Deposit $8 N/A
In order to determine the effectiveness of this program, one temporary part-time
employee focused her efforts on placements and adoptions. During a
comparable six-month period, adoptions and placements increased significantly,
from 22% to 35%. Likewise, the euthanasia rate dropped from 61% to 48%. As
we were able to have the position focus on adoptions on a full-time basis and a
greater emphasis was placed on adoptions, the increase was even more
dramatic. For example, during a two-month period, 18% of the 749 dog and cat
intakes were adopted or placed and 49% were euthanized. During the two-
/3-6
Page 7,ltem: 13
Meeting Date: 8/03/2004
month period in which adoption efforts were increased, 57% of the 723 dog and
cat intakes were adopted or placed and only 28% were euthanized.
Adoption and Euthanasia rate since
implementation of adoption program
80%
60%
40%
20%
0%
Adoptions
Euthanasia
1111/02.2/02 .1103.21031
Staff is recommending that a $10 fee be added to the adoption fee for cats and
dogs to offset the cost of the adoption counselor. It is estimated that increasing
this fee would generate approximately $12,920 based on the current number of
adoptions and an additional $27,810 as a result of the increased number of
adoptions. This additional $10 fee will still keep Chula Vista within the range of
shelter fees throughout the county.
The Police Department will be returning to Council with a more comprehensive
review of the Animal Shelters staffing and fees.
A complete listing of the proposed changes to the Police Department chapter of
the Master Fee Schedule is presented in Attachment E.
Recreation De ,artment
First, per the recommendation of the Recreation Department, the City Council
approved an amendment to the Master Fee Schedule on May 13, 2003 to
increase the full pool rental fee for both pools from $40 and $30 per hour to $100
per hour, and to establish a partial pool rental fee of $25 per hour. In the year
since the increase, the full pool rental of Lama Verde and Parkway Pools has
dropped significantly. Therefore, the Department is recommending that the full
pool rental fee be reduced to $50 per hour. Currently there is $4,000 included in
the budget for anticipated revenue from this fee, decreasing the fee will allow the
department to meet the budgeted amount.
Second, the current Master Fee Schedule does not provide for rental of a partial
field. At Heritage Park, the one large field can be, and has been, divided for
/3,7
Page 8,ltem: I J
Meeting Date: 8/03/2004
various uses. The newer community parks will also offer this capability.
Therefore, staff recommends that a partial field rental fee be established, at one-
half of the cost of a full ball field rental. This new fee would be $15 per hour for
lighted fields and $10 per hour for unlighted fields. It is anticipated that this fee
will generate $1,250 in additional revenue.
A complete listing of the proposed changes to the Recreation Department
chapter of the Master Fee Schedule is presented in Attachment F.
FISCAL IMPACT: The additional revenues generated by approval of this
resolution are as follows:
" .. ., . > .
Fire Permits $70,000
Nature Center Admission $33,000
Nature Center Facil~ Rentals $3,100
Securi!Y Alarm Permits $43,711
Adoption Fee $40,730
Swimming Pool Fee $4,000
Ball Field Rental Fee $1,250
Total $195,791
Attachments:
A. Chula Vista Chamber of Commerce: May 12, 2004 Meeting Minutes
B. Chula Vista Downtown Business Association
Proposed Amendments to the Master Fee Schedule for the following
departments:
C. Fire
D. Nature Center
E. Police
F. Recreation
/3-'2
CHulA ViSTA
CHAMbER of
COMMERCE
Attachment A
233 Fourth Avenue
Chula Vista, CA91910
Tel: 619-420-6603 Fax: 619-420-1269
E-mail: info@chuiavistachamber.org
Website: http://www.chulavistachamber.org
BOARD OF DIRECTORS
PRESidENT
Kevin Carlson
PRESidENT ElECT
Bill Hall
ViCE PRESidENTS
Lourdes Vaidez
Dave Ruch
Jerry Siegel
Todd Stone
PAST PREsidENT
Ty Compton
DiRECTORS
Henry Barros
Dan Biggs
Chris Boyd
Gary Bryant
Keri Smith
Henri Harb
David McClurg
Tom Money
Charies Moore
Faith Triggs
Bill Tunstall
Robert Bliss
Scott Vinson
SpEciAl I YEAR
Ben Richardson
Lisa Moctezuma
CEO
Lisa Cohen
June 10, 2004
Doug Perry
Chula Vista Fire Chief
Chula Vista Fire Department
447 F Street
Chula Vista, CA 91910
On behalf of the 860- member Chula Vista Chamber of Commerce, our
Board of Directors unanimously supports the Chula Vista Fire
Department's proposed Master fee schedule.
We believe it not only necessary but also reasonable to have this schedule
amended and updated. We have expressed our support in a letter to the
Mayor, City Council, and the City Manager.
Sincerely,
TERMS¿X("'" ..' - Ô:u..
\ ~~
\.)..,a::;,...- .
Lisa Cohen
CEO
Chula Vista Chamber of Commerce
13-1
Attachment B
~
~
CIillLA VISTA
DoWNTOWN BUSINESS AsSOCIATION
June 4, 2004
272 Third Avenue
Chula Vista, CA 91910
(619) 422-1982 Phone
(619) 422-1452 Facsimi1e
cvdbslÍñDacbell.net
www.cbulavistadowntown.com
Doug Perry, Chief
Chula Vista Fire Department
447 F Street
Chula Vista, CA 91910
Dear Mr. Perry:
2004 BoARD OF DIRECTORS
David McClurg - President
Lisa Moctezuma - Vice President
Carl Harry - Secretary
Clarke Dennison - Treasurer
Representing 700 business and property owners, at their June 2,
2004 meeting, the Chula Vista Downtown Business Association
(CVDBA) board of directors moved to support the proposed
changes in the Master Fee Schedule with the understanding that
there will be more outreach educational programs for the
community.
Linda Rosas Townson -Immediate Past
Presi<bt
Byron Estes
Dr. Richard Freeman
David HoffiDan
Anthony Janus
Greg Mattson
Stella Sutton
Donna Vignapiano
Dr. Steven Wachs, D.c.
r¡;.
Dmd P ~
Chula Vista Downtown Business Association
ExEcuTIvE DIRECTOR
Jack Blakely
SPECIAL EVENTS MANAGER
Beth Andre
ADMINISTRATIVE SUPPORT
Beatriz Avitia
Diana Fergna
/3--10
Attachment C
CHAPTER XV
Fire Department Fees
A..::..PERMITS
The Citv of Chula Vista has implemented a permit fee schedule. The following
fees are based on an inspection/review of the activity to be conducted. -Issuance
of a permit is continqent upon compliance. Multiple permits will be required if
applicable. Excludina oenalties. annual Fire Permit fees shall not exceed
$750.00 oer business location. Issmuance of a permit is contingont upon
compliance. (The followinq fee schedule is subject to annual COLA adjustments.
not to exceed full cost recovery)
Activity Fee Freauencv Aoolicabilitv/Comments
.^,ssem8Iy" Place $Gð AnnuallylEach The catherina toaether of 50 or more persons for
of Assemblv ~ Occurrence such purposes as deliberation. education.
instruction. worship. entertainment. amusement.
drinkina. or awaitina transportation. (CFC 25).
Censerts anS/er lar§e ¡;>~8Iie §atAerin§s. E)(its,
assess, esG~¡;>ant leas, Gansessiens. Firefl§Atin§
¡;>ersannel SeemeS re~~ires te stanS8Y s~rin§
-" . .,~ .
~Wrecking $Gð Annually Automobile wrecking yard!!." e¡;>eratien. ¡'.Geess,
Yard§. ~ stara§e, "¡eISin§, e~ttin§, fire ¡;>retestien Se"lses.
'unk vards or waste material handlinG nlants ICFC
34).
CanSles ans $W ARmIaIIy Use af epen flame/Gansles In sennestien "'itA
Open Flame assembly areas, dinin§ areas ef resta~rants er
. . .
Carnival/!. Fairs $êá Each Occurrence Operation of a carnival or fair. Exits, access,
Outdoor Carnival .lli.Q emergency lighting, seating, occupant load, fire
or Fairs protection devices includina concession booths
(CFC 25).,
Combustible $Gð Annually Storage or handling of fibers in quantities in
Fiber Storage ~ excess of 100 cu. ft. !õx: Gatton, sisal, j~te, Aem¡;>,
. , "'. ICFC 28'
Combustible ~ Annually Storage of more than 2500 cu. ~ft. gross volume
Material§. Storage .lli.Q of combustible empty packing cases, boxes,
barrels or similar containers or rubber or cork or
other similarlv combustible materiai CFC 11.
Compressed $00 Annually/Each Stera§e, trans¡;>ertatien en site, Sis¡;>ensin§, ~sin€l
Gases illQ Occurrence er handHn§ sempresses €lases. !õasA tank will 8e
ins¡;>estes te FAeet U.F.C. stansarss en an annual
8asis sr "'hen tanks are newly installes er
fefAGV8G-. Comoressed oases - storaoe handlino.
and/or use CFC 74 table 105a).
Cryogens $+a Annually ^ny 8~sinoss that pres~ses, steros sr Aansles
lliQ Cryo§ens in exeess ef 1 §allen ans less than êO
€Iallens, se¡;>snding ~¡;>sn type. Crvoaenic fluids
production storane handlinn and/or use CFC 7
table 105b .
! ;3~ / I
Attachment C
Dry Cleaning $êé Annually Dry cleaning operations or to change to a more
PIaffis Operations ~ hazardous cleaning solvent after annual permit
issued~ (CFC 36).
Dust Producing $êé Annually Grain elevater/feee fRill ofJerations, fJlant
Operations ~ pul"orizin¡¡ oporatiens alufRin",f1'1, seal, sosa,
magnosi",m, sfJicos, s",¡¡ar or otl1or ofJerations
proeHcin¡¡ explosi"Ð e",sts frofR Ihe fJrocessin¡¡ of
matefiaIs-. Dust producinG operations processes
and equipment (CFC 30 76).
Explosives or $êé AnnuallylEach Manufacture, storage, sale, display, or disposal oJ
Blasting Agents ~ Occurrence explosive materials; and/or transportation or use
of explosive materials commonly used for blasting
operations (CFC 771.
Fireworks $.1.00 Annually/Each Manufacture, display, storage or use of
lli.Q Occurrencel pyrotechnic special effects materiaf. "'"
Barqe wine eireclien, I,pes of devices "'see, test
detenation, flre proteclion. Organization providin¡
evidence of Federal Tax-exempt status will be
~ermitted a fee waiver. (CFC 78)
Garages for $7ã Annually Structures used as a place of business for
Motor Vehicle l1.Q§ servicino or repairing motor vehicles. Flammable
Repair and corrosive materials use, disposal, and
storaQe-. (CFC 29 and 79).
Hazardous $-tW Annually ..~ ' "
Materials Use & illQ handiin¡¡ of hazardo",s malerials Hazardous
Storage chemicals - storace handline. or transport of
soiids liouids and oases--'.CFC 50 79 and 80)
High-Plied $7ã Annually Use of any building or portion thereof exceeding
Combustible $150 2500 S¡;;sf. ¡;;:for high-piled combustible storage
Storage CFC81)..
Liquefied $êé Annually/Each Per lank over 125 gaf. Storace handline and
Petroleum Gases ~ Occurrence transportation of LP-oas and the installation of
equipment pertinent to svstems for such uses
(CFC82). '.
f.or dHraeilily, sl1~t efts 8. locatioR, "ehic",lar
Oven. Industrial $W Annually Location, construction & operation of industrial
Baking or Drying ~ baking & drying ovens -which are heated with oli
or gas fuel ~ (CFC 62)
Spraying or $êé Annually Spraying or dipping operations utilizing flammable
Dipping/ lliQ or loxis vapor proe",cing combustible liquids~
Flammable application of combustible powders requlated bv
fEinishes CFC 45.: T
Tents, Canopies $êé Each To erect €feGtiGA or operat,!LÌ9R-Gf an ~ air-
& Temporary ~ Occurrencel supported temporary membrane structure or tent
Membrane Per Tent! having an area in excess of 200 sq. ft. or..§ canop
Structures Canopv with a in excess of 400 sq. ft. (CFC 32) AGGess-,
cap of $285.00
/3-/2
Attachment C
Walding & CHttin€! $W Annually "'eleiA€! one cHitin€! efleratieAs in a ÐHileiA€!.
Hot work ~ Ventilalion, e~HiflFAeAt lest certi~cations. Public
Operations exhibitions and demonstrations where hot work is
conducted. Use of portable hot work equipment
inside a structure. Fixed-site hot work equipment
such as weldina booths. Hot work conducted
within a hazardous fire area or for roofinq
onerations.
Storage Tanks $400 Each Occurrence Installation, operation, repair or modification of
(Flammable lliQ (Per Tank) pipelines, equipment or facilities where flammable
and/or or combustible liquids are produced, processed,
Combustible dispensed, stored, handled or used. Tanks to be
Liquids)- inspected for design & construction, and soil I
INSTALLATION comnaction. CFC 79
Storage Tanks ~ Each Occurrence Removal, abandonment, placing temporarily out ?f
(Flammable lliQ (Per Tank) service, or otherwise disposing of a flammable or
and/or combustible liquids storage tank. Vessel must be
Combustible inspected for penetration - tanks shall be triple-
Liquids)- washed, purged with dry ice & removed from
REMOVAL ground. -(CFC 79) Cests relatiA!! la sail test far
+aRks--Storage m Annually Stara¡¡e, AaAeliA€!, ar Hse af Class I, I~
of Flammable or ~ li~Hies iA excess af Sflecifiee arnaHAts. Fiammabl
Combustible and combustible liquids - storace. use.
liQuids disnensinn mixino and handline. (CFC 79)
Christmas Tree $W Each Occurrence Operation of an area used for the sale of
lots lli Christmas trees. Electrical safety, access, flame-
retardancv, fire protection, etc.
"Definition of 1'.gGembly: Tho gathering together of 50 or more ¡)Orgon¡: for £\;Ioh
purposes ae; deliberation, education, instruction, worship, entertainment,
amusement, drinking, or awaiting transportation.
(Resolution 17939, effective 7/1/951
General Use ~ Annuallv Shall be required for anv activitv or operation
Permit and not specificallv described below which. in the
Certificate iudament of the Fire Chief or Fire Marshal is
likelv to produce conditions hazardous to life or
propertv. and shall be accompanied bv fees as
set forth herein.
Maanesium ~ Annuallv Storace handline and processina of
Workinq Mannesium. rCFC 48
Fumiaation or i.WQ Annuallv To operate a business of fumiqation or thermal
Thermal insecticidal foaqinq and to maintain a room.
Insecticidal vault or chamber in which a toxic or flammable
Foaaina fuminant is used CFC 47\.
lumber Yards lliQ Annuallv To store lumber in excess of 100 000 board
feetrCFC 30).
Mall/ Open and i.WQ Annuallv To operate a structure as an open or covered
Covered mall. CFC 35\
Battery Svstems ~ Annuallv To install or operate stationary lead-acid
batterv svstems havina a liquid capacitv of
more than 100 nallons CFC 64\.
13~/3
Attachment C
B - PLAN REVIEWS AND INSPECTIONS
8. Pl.'\N REVIEW AND INSPECTION
Fees for the plan review, plan re-submittal, consultation, inspection, and
re-inspection of fire suppression systems, hydrant placements, and fire
alarm systems shall be collected in accordance with the following fee
schedule. (The followinq fee schedule is subject of annual COLA I
adjustments. not to exceed full cost recovery)
ACTIVITY FEE
Fire sprinkler system $640
Tenant improvement fire sprinkler system $275
Fire Hydrant Installation - One (1) to Five (5) hvdrants $ 2 7 5 J2!!!.§ I
Above Five (5) hvdrants $50 per hvdrant
Fire Alarm System $-Wá $140 plus ,
$5.50 per initiatinq
device
MeeG- .Eire suppression systems - To include kitchen $4ðá $140 plus I
hood. clean aqent. and alternative fire suppression $5.50 per nozzle
svstems
13-R Sprinkler Svstem $275 I
13-0 Sprinkler Svstems $95 I
Standpipe Svstems - Includinq all wet. dry. or combination $110 plus $5.50 per I
svstems. outlet
Technical Report $150 I
Failed inspection / test i95 I
13 ---/'-1
Attachment C
C - SPECIAL INSPECTIONS
The City ofChula Vista has implemented a new Fee Schedule For Other Services.
No. Service
Fee
Frequency Applicability/Comments
.L
Federal. ~ Annuallv
State or other
Government
Aqencies l1.Q.§
B Occupancies. R-2's Occupancies. and E - 3
Occuoancies
I - 1 and 2 Occupancies - Convalescent
hospitals. nursinq homes. homes for the aced.
sanitariums. boardinq homes and children
homes.
150
1- 1 Occu an - hos ita Is.
No. Service
Fee
Frequency Applicability/Comments
~
Hiqh-rise
Buildinq
Inspections
$130 Annuallv
Illi!.§
lli
Qg[
floor
Buildinqs over 75ft in heiaht.
No. Service Fee Frequency Applicability/Comments
;L Re- ~ Per Re-inspection fee would be assessed upon
Inspection Occurance the third re-inspection when required and/or:
Fees
Re-inspection as a result of a requested
inspection not cancelled two hours or more
prior to established appointment time. or not
readv for inspection and/or test upon arrival
of the fire department representative.
/3-/5
Attachment D I
CHAPTER XVII*
Chula Vista Nature Center
A.
Admission
Adults (18+)
Seniors (55+)
Juniors (12-17)
Students (18+ with 10)
Children (6 -12)
Children (under 6)
$5.00
$3.00
$3.00
$3.00
$2.00
Free
B.
Facilitv Rental
Conference. meetina
Reception (each 100 people)
Dinner (indoor seatinq)
Dinner (outdoor seatinq)
Child's Birthday Party
Weddina/Reception
$300
$500
$500
$750
$150
$1.500
*Staff is recommendinQ the addition of Chapter XVII - Nature Center to the
Master Fee Schedule.
I:;'-)h
Attachment E
CHAPTER VI
Police
A.
ALARMS
1.
Alarm Use Permit
A nonrefundable fee shall accompany each application for an alarm
user permit as follows:
a.
A fee of twenty dollars ($20.00) twenty-five dollar ($25.00)
for residential applications.
b.
A t\...enty dollar ($20.00) twenty-five dollar ($25.00)
residential renewal fee will be required every twenty-four
months.
c.
In the case of alarm permits for commercial customers, the
fees shall be as follows:
1)
2)
A fee of forty dollars ($10.00) fifty dollars ($50.00)
A forty Elollar ($10.00) fifty dollars ($50.00)...renewal
fee will be required every twenty-four (24) months.
[Resolution 17939, effective 7/1/95J
/3-/7
Attachment E
CHAPTER III
Animal Control
A.
DOG LICENSES
4.
B.
1.
Purchase
a. For license expiring one year from date of issue
1) Altered $12.00
2) unaltered $25.00
For license expiring three years from date of issue
1) Altered $23.00
2) unaltered $50.00
b.
Any dog license issued pursuant to this section shall be issued for
one-half the fees required herein above for any dog if a certificate
from a licensed veterinarian is presented or an affidavit is received
stating that the dog has been spayed or neutered. For all licenses,
the license period cannot exceed the expiration date of thè rabies
vaccination.
2.
Penalty for Late Application/Payment
The penalty authorized to be collected for late payment shall be
$3.00.
3.
License Replacement
a. Processing fee in person - $2.00
b. Processing fee by mail - $3.00
License Transfer
The fee for all types of dog license transfers shall be $5.00.
SALE OF DOGS, CATS AND OTHER ANIMALS
Sh It Ad f
e er ~Ions
DOGS CATS RABBITS LIVESTOCK OTHER
Adoption
Altered $W$60 $4G$50 $5 $30 $5
Unaltered $ðGl.40 $ðG~0 $25 $30 $5
Neuter Deposit $40 $40
Spay Deposit $40 $40
Rabies Shot Deposit $8 N/A
2.
Off Site Adoptions
Dogs $ãGl§Q
Cats $4Qi§Q
Rabbits $30
/3-1?
Attachment F
CHAPTER VII
Recreation Programs/Facilities
c.
Facility Use
1. General Facilities - Use Permit
b. Basic Fee
FACIL TY USE FEE SCHEDULE
Facility II III IV
Per hOur Per hour Per hour
1. Parkway Gymnasium
a. Gymnasium $15 $60 $120
2. Parkway Community Center
a. Auditorium/Main Hall $15 $50 $100
b. Classroom $10 $30 $60
c. Dance room $10 $30 $60
d Kitchen facilities $5 $10 $20
3. Heritaae Community Center
a. Auditorium/Main Hall $15 $50 $100
b. Outdoor/staQe $15 $50 $100
c. Craft room $10 $30 $60
d. Kitchen $5 $10 $20
4 Norman Park Senior Center $100 $200
5. Loma Verde Recreation Center
a. Auditorium/Assemblv Hall $15 $50 $100
b. Classroom $10 $25 $50
c. Dance room $10 $30 $60
d. Kitchen $5 $10 $20
6. CV Community Youth Center
a. Gymnasium $15 $50 $100
b. Classroom $10 $30 $60
c. Dance room $10 $25 $50
7. CVWoman'sClub $75 $150
8. Other Recreation Facilities
a. Memorial Bowl $60 (2 hour $120
minimum)
9. Otay Recreation Center
a. Gvmnasium $10 $50 $100
b. Fitness Center Fee for 12 week session
Resident Non Resident
Adults & Senior $25 $50
14 to 18 $15 $30
10 SwimminQ Pools
RENT STAFF AS NEEDED
a. Loma Verde/Full pool $-1-OOi§Q/hrplus Prevailing hourly staff rate
/Partial pool $25/hr Dlus
b. Park Way/Full pool $4OOi§Q/hr plus Prevailing hourly staff rate
/Partial 0001 $25/hr olus
c. Rental by ARCO OTC"" $25/hr olus Prevailino hourly staff rate
d. Rental by CVESD or SUHSD"" $25/hr olus PrevailinQ hourly staff rate
[Reso/ution 18356, effective 7/9196J
"[Resolution 18777, effective 9/23/97J
""[effective FY99100J
{effective 5/13/03}
13-/7~
Attachment F
3. Ballfields
For the Non-Resident surcharge for ballfields, all reservation fee
rates listed below will be increased by 100%.
Liahted Unliahted
a. Reservation Fee $30/hr* $20/hr
a. Reservation Fee - partial $15/hr* $10/hr
field
b. Cleanina/Securitv Deposit N/A N/A
c. Maximum Group Size N/A N/A
d. Cancellation Fee
Groups that cancel a reservation will be charaed a $5 handling fee.
[Resolution 18356, effective 7/9/96J
* Additional fee of prevailing staff rate per hour for staff to turn
on lights, field preparation requested and turn off lights which will
include travel time to site location.
$10.00 per hour charged for lighted fields for Youth Sports Council
organizations during regular seasoned activities.
/3-'20
RESOLUTION NO.
RESOLUTION APPROVING CHANGES TO THE MASTER FEE
SCHEDULE
WHEREAS, Departments reviewed their flat fees in order to update fees
to account for significant increases in the cost of providing services; and
WHEREAS, the Fire Department, Nature Center, Police Department, and
Recreation identified a number of fees where increases were warranted; and
WHEREAS, the Chula Vista Chamber of Commerce and the Chula Vista
Downtown Business Association support the proposed changes to the Fire
Department permit fees. ..
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby approve the proposed changes to the Master Fee
Schedule as detailed in Attachments C through F.
Presented by:
Approved as to form by:
Douglas A. Perry
Fire Chief
:J)M~ ~
City Attorney
Daniel D. Beintema
Nature Center Director
Richard P. Emerson
Police Chief
Buck Martin
Director of Recreation
1=:3- 2/
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 8/3/04
ITEM TITLE:
Public Hearing regarding the formation of Community Facilities
District No. 11M (Rolling Hills Ranch)
A. Resolution of the City Council of the City of
Chula Vista, California, forming and establislllng Community
Facilities District No. 11M (Rolling Hills Ranch) and authorizing
submittal of levy of special taxes within the CFD to the qualified
electors thereof
B. Resolution of the City Council of the City of
Chula Vista, California, declaring the results of a special
election in Community Facilities District No. 11M (Rolling
Hills Ranch)
C. Ordinance of the City Council of the City of
Chula Vista, California, authorizing the levy of a special tax
within Community Facilities District No. 11M (Rolling Hills
Ranch)
SUBMITTED BY:
Director of General Services/City Engineer ~
CitYManager6~ q/ (4/5ths Vote: Yes_No-X)
X"
REVIEWED BY:
On June I, 2004 the City Council initiated the Community Facilities District No. 11M
(CFD 11M) formation proceedings by adoption of Resolutions 2004-172 and 2004-174.
Tonight's action will conclude the formal proceedings to establish CFD No. 11M.
Special Taxes levied within CFD 11M will fund the perpetual operation, monitoring and
maintenance of Multiple Species Conservation Program (MSCP) lots, Tarplant Preserve
lots, Johnson Canyon Tarplant Preserve and storm water treatment facilities associated
with Rolling Hills Ranch, Sub Area ill. The City has retained the services of
MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel
to provide assistance during the proceedings.
RECOMMENDATION: That Council:
1. Open Public Hearing and receive testimony :fÌ'om the public.
2. Approve the resolutions and ordinance.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
It.f-j
Page 2, Item ¡If
Meeting Date 8/3/04
DISCUSSION:
An election will be held on August 3, 2004 (immediately following the Public Hearing)
for CFD 11M. The results will be certified at the completion of the tallying of the ballots.
Area of Benefit
The proposed boundaries of CFD No. 11M encompass parcels located within Rolling Ridge
Ranch Subarea III. McMillin Rolling Hills Ranch owns 100% of the property CFD. Rolling
Hills Ranch, Sub Area III is proposed to contain approximately 425 single-family detached
homes in four neighborhoods. Approximately 250 acres will be preserved of the over 600
acre development.
Resolutions/Ordinance
There are two resolutions and an ordinance on today's agenda, which, if adopted, will
accomplish the following:
The RESOLUTION OF FORMATION is the fonnal action of the City Council forming
and establishing Community Facilities District No. 11M and authorizes the electors to
vote on the special taxes and if approved, authorizes the levy of special taxes for Fiscal
Year 2004/05.
The RESOLUTION DECLARING ELECTION RESULTS is the formal action of the
City Council declaring the results of a special election in Community Facilities District
No. 11M.
The ORDINANCE AUTHORIZING THE LEVY OF A SPECIAL TAX is the formal
action of the City Council authorizing the levy of a special tax within the area of
Community Facilities District No. 11M.
FISCAL IMPACT: All costs of formation of the district are being borne by the
developers and the on-going administration will be funded entirely by the district. The
City will receive the benefit of full cost recovering for staff cost involved in the following
activities: I) District formation (Staff cost estimated at $50,000, and 2) district
administration in perpetuity.
Exhibit A: CFD Report
J:IEnginmIAGENDAIAI13 eta 11M ROF. 7.27.04 doe
ILf-Z-
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT 11M
(Rolling Hills Ranch)
COMMUNITY FACILITIES DISTRICT REPORT
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CIlV OF
CHU.1A VISTA
Submitted:
July 20, 2004
MuniFinancial
Corporate Office
27368 Via Industria
Suite 110
Temecula, CA 92590
Tel: (909) 587-3500
Tel: (800) 755-MUNI (6864)
Fax: (909) 587-3510
Regional Offices
Antelope Valley, CA
Jacksonville, FL
Los Angeles, CA
Oakland. CA
Orange County, CA
Phoenix, AZ
San Diego, CA
Sacramento, CA
Seattle, WA
WWW.muni.com
/'1-3
CITY OF CHULA VISTA
CITY COUNCIL
STEPHEN C. PADILLA, MAYOR
P ATIY DAVIS, COUNCILMEMBER
JERRY RIND ONE, COUNCILMEMBER
MARY SALAS, COUNCILMEMBER
JOHN MCCANN, COUNCILMEMBER
CITY MANAGER
DAVE ROWLANDS
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CllYOF
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COMMUNITY FACILITIES DISTRICT REPORT
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 11M
TABLE OF CONTENTS
PAGE
INTRODUCTION ...............................................................................................4
A. DESCRIPTION OF SERVICES ....................................................................2
B. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT ....................4
C. COST ESTIMATES FOR SERVICES ...........................................................4
D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES .4
E. GENERAL TERMS AND CONDITIONS...................................................5
F. CONCLUSION ................................................................................................5
EXHIBIT A...........................................................................................................1
BOUNDARIES OF DISTRICT AND BOUNDARY MAP .....................................................................................1
EXHIBIT B...........................................................................................................1
COST ESTI.\L\TES..................................................................................................................................................1
EXHIBIT C...........................................................................................................1
RATE AND METHOD OF APPORTIONlvIENT ............. .............,...........................................
..............1
If/- -5
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CITY Of
(HUlA VISTA
COMMUNITY FACILITIES DISTRICT REPORT
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 11M
(Rolling Hills Ranch)
INTRODUCTION
WHEREAS, the City Council of the City of Chula Vista (hereinafter referred to as the "Agency" or
"legislative body of the local Agency"), in the State of California, did, pursuant to the provisions of
the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5 of Part 1, of Division 2, of
Tide 5 of the Government Code of the State of California ("Act"), and specifically Section 53321.5
thereof and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the
powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the
Constitution of the State of California ("Ordinance") (the Act and Ordinance may be referred to
collectively as the "Community Facilities District Law", expressly ordered by adoption of Resolution
No. 2004-174 the filing of a written Community Facilities District Report ("Report") with the
Agency for a proposed Community Facilities District, which Community Facilities District shall be
referred to as Community Facilities District No. 11M (Rolling Hills Ranch), (hereinafter referred to
as "CFD No. 11M"); and
WHEREAS, the Report generally contains the following:
a.
a description of the Services by type which are required to adequately meet the needs of
CFD No. 11M;
b.
an estimate of the cost of providing the Services, including incidental expenses and all other
related costs including but not limited to the determination of the amount of any special
taxes, collection of any special taxes, or costs otherwise incurred in order to carry out the
authorized purposes of the Agency with respect to CFD No. 11M and any other expenses
incidental to the maintenance and inspection of the authorized work to be paid through the
proposed special taxes;
c.
the rate and method of apportionment of the special tax in sufficient detail to allow each
property owner within the proposed CFD No. 11M to estimate the maximum annual
amount of payment.
For particulars, reference is made to the Resolution of Intention (Resolution No. 2004-173), and the
Resolution Ordering the Preparation of the Community Facilities District Report (Resolution No.
2004-174) previously approved.
ILl -b
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NOW THEREFORE, MuniFinancial, the appointed responsible firm directed to prepare the
Report, pursuant to the provisions of the Code, does hereby submit the following:
A. DESCRIPTION OF SERVICES
The public services described below are proposed to be maintained by Community Facilities District
No. 11M.
Habitat Maintenance
MSCP Lots C, E, F & G of Map 14756, Lot A of Map 14159 (Neighborhood 1, Unit 2), Lot A of
Map 14160 (Neighborhood 1, Unit 3)
. Litter Removal
. Surveys and monitoring
. Weed Eradication
. Fencing
. Property tours
. Required Reporting
. Resident Outreach
Tarplant Management Area, Map 14756 Lot DD and Lot HH - The CFD is proposed to manage
the Endowment set up for the maintenance of the Tarplant Management Area. Maintenance
responsibilities of the Endowment include:
. Litter Removal
. Surveys and monitoring
. Weed Eradication
. Fencing
. Property tours
. Required Reporting
. Resident Outreach
Johnson Canyon - It is anticipated that the maintenance of Johnson Canyon will be carried out by
the Otay Ranch Preserve Owner Manager (p0M) with the funding created by CFD 11M. Should the
Otay Ranch POM not accept the maintenance of Johnson Canyon then another conservation entity
approved by the wildlife agencies and the City will be selected. Maintenance of the Johnson Canyon
parcel will include regular inspections ro ensure no unauthorized activities occur within the parcel.
Additionally, should the POM accept the maintenance responsibility of the Johnson Canyon parcel,
management and monitoring activities shall be performed in accordance with the Otay Ranch
Resource Management Plan (RMP).
Proctor Valley Road
. Dirt road maintenance
0 Grading up to 4 times a year
MunzFinancial
Pagel
City of Chu/a Vista
Community Facilities District No. 11M
/'-1- 7
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ClN Of
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Storm Water Quality Maintenance
. Basin located on Lot A of Map 14756, north of Proctor Valley Road
0 Landscaping maintenance
0 Maintenance
0 Monitoring
0 Downstream erosion
0 Environmental Pennits
. Public drainage structures witllln the project including but not limited to, catchbasins at the
rear of Lots 35 and 76 of Neighborhood 12 and Lot 51 of Neighborhood 9.
SUBSTITUTION OF FACILlTES
The description of the Facilities and Services, as set forth above, is general in its nature. The final
nature and location of the Facilities and Services will be determined upon the preparation of final
plans and specifications. The final plans may show substitutes in lieu of, or modification to, the
proposed Facilities and Services in order to provide the public facilities necessitated by development
occuning in the District, and any such substitution shall not be a change or modification in the
proceedings as long as such substitute facilities and services serve a function or provide a service
substantially similar to that function served or the service provided by the Facilities and Service
described above.
MuniFinancial
Page]
City ofChula Vista
Community Facilities District No. 11M
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B. BOUNDARIES OF COMMUNITY FACILITIES DISTRICT
The boundaries of CFD No. 11M coincide with previously established parcels as shown on the
latest County Assessor maps or approved parcel maps and include all properties on which special
taxes may be levied to pay for the costs of services.
The boundaries of CFD No. 11M are described on "Exhibit A", reduced scale maps entided
"Proposed Boundary Map of Community Facilities District No. 11M" which are attached hereto
and incorporated herein. A full-scale map is on file with the Clerk of the City of Chula Vista and was
recorded with the County Recorder, County of San Diego in Book 38 page 39 in the Book of Maps
of Assessment and Community Facilities Districts, Instrument Number 2004-0538263.
C. COST ESTIMATES FOR SERVICES
The establishment of CFD No. 11M was required to fund the perpetual operation and maintenance
of certain habitat and storm water treatment facilities associated with Rolling Hills Ranch. The initial
budget is estimated to be approximately $135,151.
For the estimated location of the improvements and a more detailed cost estimate, please refer to
"Exhibit B".
D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
The Resolution of Intention (Resolution No. 2004-173) generally sets forth the rate and method of
apportionment of the special tax, which allows each property owner within the proposed CFD to
estimate the annual amount that would be required for payment if a special tax were levied.
For particulars of the rate and method of apportionment, see "Exhibit Coo, Rate and Method of
Apportionment of Special Tax.
MuniFinancial
Page 4
City of Chu/a Vista
Community Facilities District No. 11M
11..(-9
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E. GENERAL TERMS AND CONDITIONS
Services
The description of the Services, as set forth herein, is general in nature. The final nature and location
of the facilities that will be maintained will be determined upon the preparation of final plans and
specifications or the approval of services.
F. CONCLUSION
Based on information provided by, and discussions with, the Agency and the property owners, the
Services and Facilities listed in this Report are those that are necessary to meet increased demands
placed on the Agency as a result of development occurring within the boundaries of the City of
Chula Vista. Further, it is my opinion that the special tax rate and method of apportionment as set
forth in "Exhibit Coo are equitable and are not discriminatory or arbitrary and pennit a purchaser of
property subject to the special tax a fair means of determining his or her obligation.
MuniFinancial
By:
Lyn Gruber
Page 5
City of Chula Vista
Community Facilities District No. 11M
MuniFinamial
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EXHIBIT A
BOUNDARIES OF DISTRICT AND BOUNDARY MAP
Boundaries of District:
The exterior boundaries of CFD No. 11M are shown on that certain map now on file in the Office
of the City Clerk entided "Proposed Boundary Map Community Facilities District No. 11M". This
map indicates by a boundary line the extent of the territory included in proposed CFD No. 11M,
and shall govern for all details as to the extent of CFD No. 11 M. The parcels of real property within
CFD No. 11M are described more particularly on the Assessor Parcel Maps and recorded Parcel
Maps that are on file in the office of the San Diego County Assessor and are incorporated into this
Report by reference.
BoundaJ;y Map:
A reduced copy of the Boundary Map follows. The original of such map is on file in the Office of
the City Clerk and in the records of the County Recorder, County of San Diego, and State of
California.
Site Location:
Rolling Hills Ranch is proposed to contain approximately 425 single-family detached homes, on a
total of 208 taxable acres.
Rolling Hills Ranch is located north of Proctor Valley Road, east of Easdake Parkway, and east of
Hunte Parkway.
MumFinancial
Page A-I
City ofChula Vista
Community Facilities District No. 11M
/4-/1
EXHIBIT B
COST ESTIMATES
1. HABITAT MAINTENANCE BUDGET
MSCP Lots
Lo" C, E, P, G (Map 14756), Lot A (Map 14160). Lot A (Map 14159)
Property Tour
I\lini-Spring Survey
Litter Removal, Access Control
Annual Report
Resident Outreach
Spring Qualitative Surveys
Photopoint Surveys
Targeted Weed Eradication
Quantitative Surveys
Fencing
"\dministration
Bud~et Amount Above Agreement
Total
Johnson Canyon
Total
Proctor Valley Road
Dirt road maintenance. Includes gradin~ up to 4 times per year
Total
Total Habitat Maintenance
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Cost Per
Area (Acres) Acre
Duration
Total
Annual
Cost
$24,622
2,410
3,000
2,660
2,700
256
2,400
350
7,500
1,600
700
3,333
(2,287)
$24,622
10.000 200.00 Yr $2.000
10.000 $2,000
375 Qtrly $1,500
$1,500
$28,122
MuniFinancial
Page B-1
1'-1 -J Z
214.644 $114.71
Yr
Yr
Yr
Yr
Yr
hi-annually
Yr
Yr
Yr
1 every 5 yrs
Yr
Yr
214.644
City ofChula Vista
Community Facilities DiJl1id No. 11M
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II. STORM WATER MAINTENANCE BUDGET
Water Quality Basin Maintenance
Annual Vegetation Removal
Silt Removal Activities
Annual Inspection by Engineer
Sewer and Drainage Access
Catchbasins
Annual Periodic Inspection & Maintenance
Landscape Maintenance
Envirorunental Pennits
Contingency
Number of Cost per
Units Unit
0.5 acre $3,000
$250
3 man, 4 hr $50
$0.23
Services per Annual
Year Cost
1 $1,500
2 4,000
1 1,000
1 1,000
4 1,000
4 2,400
50,442
1,000
2,400
$64,742
$92,864
$30,000
$U,286
$135,151
Total Storm Water Maintenance
TOTAL HABITAT AND STORM WATER MAINTENANCE
III. ADMINISTRATIVE EXPENSES
IV. RESERVE
V. TOTAL ANNUAL COST
Assumptions:
1. Management, Monitoring and Maintenance costs for MSCP (Lots A, C, E, F and G ofl'vIap 14756) are based on
Biological Mitigation, Monitoring and Reporting Program and Area-Specific Management Directives (dated December 9,
2003) and reviewed by MuniFinancial. Other open space costs are based on the same per acre rate as the MSCP per acre
amount.
2. Water Quality Basin Maintenance costs are based on estimates from Hunsaker & Associates San Diego, Inc. and
reviewed and amended by MuniFinancial/Willdan.
3. Tarplant areas (Lots DD and HH of Map 14756) will be funded through a $100,000 endowment that will be managed by
the CPD. At tl1.is time, the City does not foresee the need to charge any administrative costs associated with the
endowment.
SUBSTITUTION OF SERVICES AND FACILITIES
The description of the Services and Facilities, as set forth herein, is general in its nature. The final
natUIe and location of the Services and Facilities will be detennined upon the preparation of final
plans and specifications. The final plans may show substitutes in lieu of, Ot modification to, the
proposed Services and Facilities in order to provide the public Services and Facilities necessitated by
development occurring in CFD No. 11M, and any such substitution shall not be a change or
modification in the proceedings as long as such substitute Services and Facilities serve a function or
provide a service substantially similar to that function served or the service provided by the Services
and Facilities described in this Report.
MumFinancial
Page B-2
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City of Chula Vista
CommunityPacilitiesDistrictNo.IIM
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EXHIBIT C
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 11M
RATE AND METHOD OF APPORTIONMENT
FOR ROLLING HILLS RANCH
A Special Tax of Community Facilities District No. 11M (Rolling Hills Ranch) of the City of Chula
Vista ("CFD") shall be levied on all Assessor's Parcels of the CFD and collected each Fiscal Year
commencing in. Fiscal Year 2004-05 in an amount determined through the application of the rate
and method of apportionment of the Special Tax set forth below. All of the real property in the
CFD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the
extent and in the manner herein provided.
A.
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, other final map, other parcel map, other
condominium plan, or functionally equivalent map or instrument recorded in the Office of
the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage
multiplied by 43,560.
0
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part I, Division 2 ofTicle 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy and
collect the Special Taxes, including salaries of City employees and a proportionate amount of
the City's general administrative overhead related thereto, and the fees of consultants and
legal counsel providing services related to the administration of the CFD; the costs of
collecting installments of the Special Taxes; and any other costs required to administer the
CFD as determined by the City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
MumPinancial
Page C-]
City of Chula Vista
Community Facilities District No. 11M
ILf-/lf
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OIlY OF
(HUlA VISTA
"CFD" means Community Facilities District No. 11M of the City of Chula Vista.
"City" means the City ofChula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body
of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was issued
after January 1, 2004, but prior to the March 1 st preceding the Fiscal Year in which the
Special Tax is being levied.
"Dwelling Unit" means each separate residential dwelling unit that comprises an
independent facility capable of conveyance or rental separate from adjacent residential
dwelling units.
"Final Map Property" means a single family residential lot created by a Final Subdivision
Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating buildable lots by
recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.), or recordation of a condominium plan
pursuant to California Civil Code 1352, that creates individual lots for which building
permits may be issued without further subdivision and is recorded prior to March 1
preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Habitat Maintenance" means the labor, material, administration, personnel, equipment
and utilities necessary to maintain habitat conservation areas within the CFD as set forth in
the CFD Report.
"Habitat Maintenance Requirement" means, for any Fiscal Year in which Special Taxes
are levied, the amount equal to the budgeted costs for Habitat Maintenance applicable to the
CFD for such Fiscal Year.
"Land Use Class" means any of the classes listed in Table 1 or Table 2.
MuniPinanâal
Page C-2
City of Chula Vista
Community Paâ/ities District No. 11M
¡If-IE
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(HULA VISIA
"Maximum Special Tax" means the maximum Special Tax, detemilned in accordance
with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit(s) has been issued for a structure or structures for non-residential
use.
"Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year
to pay for Habitat Maintenance and Storm Water Quality Maintenance and Administrative
Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Habitat Maintenance Requirement and the applicable Srorm Water Quality Maintenance
Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not
classified as Final Map Property, or Taxable Property Owners Association Property.
"Property Owner Association Property" means any property within the boundaries of the
CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with
the County Recorder to, a property owner association, including any master or sub-
association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to
the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each
Land Use Class.
"Public Property" means any property within the boundaries of the CFD that, at the rime
of the CFD formation, is (a) owned by the federal government, the State, the County, the
City or any other public agency or (b) has been irrevocably offered for dedication to such an
entity (whether or not such offer has been accepted) and is expected to be used for any
public purpose.
"Reserve Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one residential Dwelling
Unit.
11..(-16
City of Chula Vista
Community Facilities District No. 11M
MuniFinanâal
Page C-3
~\I~
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CllYDr
(HUlA VISTA
"Special Tax" means the Special Tax levied pw:suant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in the CFD to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for the CFD
to: (a) (i) pay the Habitat Maintenance Requirement; (ii) pay the Storm Watet Quality
Maintenance Requirement; (iii) pay teasonable Administtative Expenses; (iv) pay any
amounts required to establish at teplenish the Reserve Fund to the Reserve Fund
Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year; less (b) a credit for
funds available to reduce the annual Special Tax levy, including the excess, if any, in the
Reserve Fund above the Reserve Fund Requirement.
"State" means the State of Califomia.
"Storm Water Quality Maintenance" means the maintenance of detention basins, storm
drains, catch basin inserts, hydrodynamic devices, inf¡]ttation basins, and all other facilities
that are directly related to storm water quality conttol throughout the CFD.
"Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount
equal to the budgeted costs for Storm Water Quality Maintenance applicable to the CFD for
the cw:rent Fiscal Year in which Special Taxes are levied.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the CFD
that are not exempt from the Special Tax pw:suant to law or as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, or (ii) Property Owner Association Property,
or (iii) Assessor's Parcels defined as Community Purpose Facility Property that is owned by a
non-profit organization and has provided proof to the City prior to the March 1st preceding
the Fiscal Year in which the Special Tax is being levied of the organization's non-profit
starns, or (iv) Assessor's Parcels with public or utility easements making impractical their
utilization for other than the purposes set forth in the easement.
"Taxable Property Owner Association Property" means all Property Owner Association
Property which is not exempt from the Special Tax pw:suant to Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
B.
ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be
classified as Developed Property or Undeveloped Property, and shall be subject to Special
Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to
a Land Use Class as specified in Table 1. Undeveloped Property shall be further assigned to
a Land Use Class as specified in Table 2.
MuniFinaná,,¡
Page C4
City of Chu/a Vista
Community Facilities District No. 11M
ILl -/7
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CI1YQf
CHULA VISTA
c.
MAXIMUM SPECIAL TAX RATE
1.
Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 11M
Rolling Hills Ranch
Land Use
Class
1
2
Multiple Land Use Classes
In some instances an Assessor's Parcel of Developed Property may contain more
than one Land Use Class. The Maximum Special Tax that may be levied on such an
Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be
imposed on all Land Use Classes located on that Assessor's Parcel. The CFD
Administrator shall determine the allocation to each Land Use Class.
2.
Undeveloped Property
TABLE 2
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 11M
Rolling Hills Ranch
Land Use
Class
3
4
5
Maximum Special Tax
$648.14 er Acre
$648.14 er Acre
$648.14 per Acre
3.
Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in the CFD shall be increased each Fiscal Year beginning in Fiscal
Year 2005-06 and thereafter by a factor equal to the annual percentage increase, if
any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All
Items).
ILf-/~
City afChula Vista
Community Facilities District No. 11M
MuniFinamial
Page C-5
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(IN OF
(HUlA VISTA
D.
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004-05, and for each following Fiscal Year, the Council shall
levy the Special Tax at the rates established pursuant to steps 1 through 4 below so that the
amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall
be levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maximum Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
f1XSt step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for
Final Map Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for
Other Taxable Property;
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parce! of Taxable Property Owner Association Property at up to 100% of the
Maximum Special Tax for Taxable Property Owner Association Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parce! of Residential Property for which an occupancy permit for private
residential use has been issued be increased by more than ten percent annually up to the
Maximum Special Tax as a consequence of delinquency or default by the owner of any other
Assessor's Parcel within the CFD.
E.
EXEMPTIONS
The CFD Administrator shall classify as exempt property (i) Assessor's Parcels defined as
Public Property, (ii) Assessor's Parcels defined as Community Purpose Facility Property that
are owned by a non-profit organization which has provided proof to the City prior to the
March 1st preceding the Fiscal Year in which the Special Tax is being levied of the
organization's non-profit status, and (iii) Assessor's Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement.
The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as
Property Owner's Association Property provided that no such chssification would reduce
the sum of all Taxable Property to less than 208.52 Acres. Assessor's Parcels defined as
Property Owner Association Property that cannot be chssified as exempt property will be
classified as Taxable Property Owner Association Property and shall be taxed as part of the
fourth step in Section D.
MuniFinandal
Page C-6
1/ i JC¡
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City of Chula Vista
Community Fa"Ji¡¡" District No. 11M
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(HUlA VISTA
The CFD Administrator will assign Tax-Exempt status in the chronological order in which
property becomes exempt.
F.
APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of the
Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD
Administrator regarding such error. If following such consultation, the CFD Administrator
determines that an error has occurred, the CFD Administrator may amend the amount of the
Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any
by the CFD Administrator, the landowner or resident believes such error still exists, such
person may file a written notice with the City Clerk of the City appealing the amount of the
Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City
Clerk shall forward a copy of such notice to the City Manager who shall establish as part of
the proceedings and administration of the CFD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to the
annual administration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding as to all
persons.
G.
MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad valorrfm property taxes; provided, however, that the CFD
Administrator may directly bill the Special Tax, may collect Special Taxes at a different time
or in a different manner if necessary to meet the financial obligations of the CFD or as
otherwise determined appropriate by the CFD Administrator.
H.
TERM OF SPECIAL TAX
Taxable Property within the CFD shall remain subject to the Special Tax in perpetuity.
MuniFinanda¡
Page C-7
City of Chu/a Vista
Community Fad/it;', District No. 11M
1'1-ZO
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, FORMING AND ESTABLISHING COMMUNITY
FACILITIES DISTRICT NO. 11M (ROLLING HILLS RANCH) AND
AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE
QUALIFIED ELECTORS
WHEREAS, a public.hearing has been held and concluded, and the CITY COUNCIL of
the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), now desires to proceed with
the establishment of a community facilities district, pursuant to the terms and provisions of the
"Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5
of the Government Code of the State of California (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of
Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California
(the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community
Facilities District Law"). Such Community Facilities District shall hereinafter be referred to as
COMMUNITY FACILITIES DISTRICT NO. 11M (ROLLING HILLS RANCH) (the
"District"); and,
WHEREAS, notice of a public hearing relating to the establishment of the District, the
extent of the District, the financing of certain types of services and all other related matters has
been given, and a Community Facilities District Report, as ordered by this City CounQil, has
been presented to this City Council and has been made a part of the record of the hearing to
establish such District; and,
WHEREAS, all communications relating to the establishment of the District, the
proposed services and the rates and methods of apportionment of the special tax proposed to be
levied within the District have been presented, and it has further been determined that a majority
protest as defined by law has not been received against these proceedings or the levy of the
special tax within the District; and
WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing
within the territory of the District for at least the preceding ninety (90) days, the authorization to
levy special taxes within the District shall be submitted to the landowners of the District, such
landowners being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION I. Recitals. The above recitals are all true and correct.
SECTION 2. Determinations. It is hereby determined by this City Council that:
A.
All prior proceedings pertaining to the formation of the District were valid
and taken in conformity with the requirements of the law, and specifically
the provisions of the Community Facilities District Law, and that this
I
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finding and determination is made pursuant to the provisions of
Government Code Section 53325.1.
B.
The written protests received, if any, do not represent a majority protest as
defined by the applicable provisions of the Community Facilities District
Law and, therefore, the special tax proposed to be levied within the
District has not been. precluded by majority protest pursuant to Section
53324 of the Government Code of the State of California.
C.
The District as proposed conforms with the City of Chula Vista Statement
of Goals and Policies Regarding the Establishment of Community
Facilities Districts (the "Goals and Policies"), as amended.
D.
Less than twelve (12) registered voters have resided within the territory of
within the District for each of the ninety (90) days preceding the close of
the public hearing, therefore, pursuant to the Act the qualified electors of
the District shall be the landowners of the District as such term is defined
in Government Code Section 53317(f) and each such landowner who is
the owner of record as of the close of the public hearing, or the authorized
representative thereof, shall have one vote for each acre or portion of an
acre of land that she or he owns within the District.
E.
The time limit specified by the Community Facilities District Law for
conducting an election to submit the levy of the special taxes to the
qualified electors of the District and the requirements for impartial
analysis and ballot arguments have been waived with the unanimous
consent of the qualified electors of the District.
F.
The City Clerk, acting as the election official, has consented to conducting
any required election on a date which is less than 125 days following the
adoption of any resolution forming and establishing the District.
SECTION 3. Community Facilities District Report. The Community Facilities District
Report, as now submitted, shall stand as the Community Facilities District Report for all future
proceedings and all terms and contents are approved as set forth therein.
SECTION 4. Name of District. This legislative body does hereby establish and declare
the formation of the Community Facilities District known and designated as "COMMUNITY
FACILITIES DISTRICT NO. 11M (ROLLING HILLS RANCH)."
SECTION 5. Boundaries of the District. The boundaries of the District are generally
described as follows:
All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 11M
(ROLLING HILLS RANCH), as shown on a boundary map as previously approved by
this legislative body, such map designated by the name of this Community Facilities
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District, a copy of which is on file in the Office of the City Clerk. The boundary map of
the proposed District has been filed pursuant to Sections 3111 and 3113 of the Streets and
Highways Code of the State of California in the Office of the County Recorder of the
County of San Diego, at Page 39 of Book 38 of the Book of Maps of Assessment and
Community Facilities Districts for such County.
SECTION 6. Description of Services. It is the intention of this City Council to finance certain
services that are in addition to those provided in or required for the territory within the District
and will not be replacing services already available. A general description of the services to be
provided is listed on Exhibit "A" hereof.
Any services listed in Exhibit "A" requiring maintenance shall include, but not be limited
to, the provision of all labor, material, administration, personnel, equipment and utilities
necessary to maintain such habitat conservation areas and such storm water quality control
facilities.
A portion of the services will be provided to Johnson Canyon, an open space area which
is located in the City of San Diego and is adjacent to the City's boundaries. Pursuant to Section
5 of Ordinance 2730, the City is authorized to maintain and operate an open space or habitat area
outside of the jurisdictional boundaries of the City.
SECTION 7. Special Tax. Except where funds are otherwise available special taxes, secured
by recordation of a continuing lien against all non-exempt real property in the District, are
hereby authorized, subject to voter approval, to be levied annually within the boundaries of such
District. Under no circumstances will the special tax authorized to be levied within the District
be increased as a consequence of delinquency or default by the owner of any other parcel or
parcels used for private residential purposes and located within the District by more than 10
percent. For further particulars as to the rate and method of apportionment of the special tax
proposed to be levied within the District, reference is made to the attached and incorporated
Exhibit "A", which sets forth in sufficient detail the method of apportionment to allow each
landowner or resident within the District to clearly estimate the maximum amount that such
person will have to pay for such services.
The special taxes herein authorized shall be collected in the same manner as ad valorem
property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any
case of delinquency, as applicable for ad valorem taxes; however, as applicable, this legislative
body may, by resolution, establish and adopt an alternate or supplemental procedure as
necessary. Any special taxes that may not be collected on the County tax roll shall be collected
through a direct billing procedure by the Treasurer of the City of Chula Vista, acting for and on
behalf of the District.
Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the
Streets and Highways Code of the State of California, a continuing lien to secure each levy of the
special tax shall attach to all non-exempt real property in the District and this lien shall continue
in force and effect until the special tax obligation is prepaid and permanently satisfied and the
lien canceled in accordance with law or until collection of the tax by the legislative body ceases.
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SECTION 8. Special Tax Accountability Measures. Pursuant to and in compliance with the
provisions of Government Code Section 50115.1, this City Council hereby establishes the
following accountability measures pertaining to the levy by the District of the special taxes
described in Section 8 above:
A.
Each such special tax shall be levied for the specific purposes set forth in Section
8. above.
B.
The proceeds of the levy of each such special tax shall be applied only to the
specific applicable purposes set forth in Section 8. above.
C.
The District shall establish a separate account into which the proceeds of each
such special tax shall be deposited.
D.
The City Manager or his or her designee, acting for and on behalf of the District,
shall annually file a report with the City Council as required pursuant to
Government Code Section 50115.3.
SECTION 9. Preparation of Annual Tax Roll. The name, address and telephone number of
the office, department or bureau which will be responsible for preparing annually a current
roll of special tax levy obligations by Assessor's parcel number and which shall be responsible
for estimating future special tax levies pursuant to Section 53340.1 of the Government Code of
the State of California, are as follows:
Engineering Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
(619) 691-5021
SECTION 10. Election. This legislative body herewith submits the levy of the special taxes to
the qualified electors of the District, such electors being the landowners within the District with
each landowner having one (1) vote for each acre or portion thereof of land which he or she
owns within the District.
This legislative body hereby further directs that a separate ballot proposition relating to
the levy of the above referenced special taxes within the District be combined and consolidated
with the proposition set forth in Section II below relating to the establishment of an
appropriations limit for the District. .
The proposition related to the levy of the special taxes shall, together with a proposition
to establish an appropriations limit for the District, shall be subrnitted to the qualified voters at a
special election to be held on (a) July 20, 2004 immediately following the adoption of this
resolution or (b) such other date as the qualified electors and the City Clerk may mutually agree
and such election shall be a special election to be conducted by the City Clerk (hereinafter
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referred to as the "Election Official"). If either or both of the propositions for the levy of the
special taxes receive the approval of more than two-thirds (2/3rds) of the votes cast on the
proposition, the special tax thereby approved may be levied as provided for in this Resolution.
SECTION II. Ballot Proposals. The ballot proposals to be submitted to the qualified voters at
the election shall generally be as follows:
PROPOSITION A
Shall Community Facilities District No. Il-M (Rolling Hills Ranch) of the City of
Chula Vista be authorized to levy special taxes, subject to the accountability
measures set forth in Resolution No. -' within the such district pursuant to
the rate and method of apportionment of special taxes (the "Rate and Method")
set forth in such resolution for the purpose of fmancing the Special Tax
Requirement as defined in the Rate and Method?
PROPOSITION B
Shall the City of Chula Vista Community Facilities District No. II-M (Rolling
Hills Ranch) establish an Article XIIIB appropriations limit equal to $250,000?
SECTION 12. Vote. The appropriate mark placed in the voting square after the word "YES"
shall be counted in favor of the adoption of the proposition, and the appropriate mark placed in
the voting square after the word "NO" in the manner as authorized, shall be counted against the
adoption of such proposition.
SECTION 13. Election Procedure. The Election Official is hereby authorized to take any and all
steps necessary for holding the above election. The Election Official shall perform and render all
services and proceedings incidental to and connected with the conduct of the election, including
but not limited to, the following:
1.
Prepare and furnish to the necessary election supplies for the conduct of the
election.
2.
Cause to be printed the requisite number of official ballots, tally sheets and other
necessary forms.
3.
Furnish official ballots for the qualified electors of the District.
4.
Cause the official ballots to be presented to the qualified electors, as required by
law.
5.
Receive the returns of the election and supplies.
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6.
Sort and assemble the election material and supplies in preparation for the
canvassing of the returns.
7.
Canvass the returns of the election.
8.
Furnish a tabulation of the number of votes given in the election.
9.
Conduct and handle all other matters relating to the proceedings and conduct of
the election in the manner and form as required by law.
PREPARED BY:
APPROVED AS TO FORM BY:
DC\- 7. ~
Jack Griffin
Director of General Services
Ann Moore
City Attorney
6
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EXffiBIT "A"
COMMUNITY FACILITIES DISTRICT No. ll-M
(ROLLING HILLS RANCH)
LIST OF AUTHORIZED SERVICES
Habitat Maintenance
MSCP Lots C, E, F & G of Map 14756, Lot A of Map 14159 (Neighborhood I, Unit 2), Lot A of
Map 14160 (Neighborhood I, Unit 3)
. Litter Removal
. Surveys and monitoring
. Weed Eradication
. Fencing
. Property tours
. Required Reporting
. Resident Outreach
Tarplant Management Area, Map 14756 Lot DD and Lot HH - The CFD is proposed to
manage the Endowment set up for the maintenance of the Tarplant Management Area.
Maintenance responsibilities of the Endowment include:
. Litter Removal
. Surveys and monitoring
. Weed Eradication
. Fencing
. Property tours
. Required Reporting
. Resident Outreach
Johnson Canyon - It is anticipated that the maintenance of Johnson Canyon will be carried out
by the Otay Ranch Preserve Owner Manager (POM) with the funding created by CFD 11M.
Should the Otay Ranch POM not accept the maintenance of Johnson Canyon then another
conservation entity approved by the wildlife agencies and the City will be selected. Maintenance
of the Johnson Canyon parcel will include regular inspections to ensure no unauthorized
activities occur within the parcel. Additionally, should the POM accept the maintenance
responsibility of the Johnson Canyon parcel, management and monitoring activities shall be
performed in accordance with the Otay Ranch Resource Management Plan (RMP).
Proctor Valley Road
. Dirt road maintenance
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0
Grading up to 4 times a year
Storm Water Quality Maintenance
. Basin located on Lot A of Map14756, north of Proctor Valley Road
0 Landscaping maintenance
0 Maintenance
0 Monitoring
0 Downstream erosion
0 Environmental Permits
. Public drainage structures within the project including but not limited to, catchbasins at
the rear of Lots 35 and 76 of Neighborhood 12 and Lot 51 of Neighborhood 9.
Services directly related to removal of contaminants and solids from storm water
throu~hout the District incIudin~ but not limited to storm drains, catch basin inserts,
hydrodynamic devices, infùtration basins, and similar services.
SUBSTITUTION OF SERVICES
The description of the Services, as set forth above, is general in its nature. The fmal nature and
location of the Services will be determined upon the preparation of final plans and specifications.
The fmal plans may show substitutes in lieu of, or modification to, the proposed Services in
order to provide the public services necessitated by development occurring in the District, and
any such substitution shall not be a change or modification in the proceedings as long as such
substitute services serve a function or provide a service substantially similar to that function
served or the service provided by the Service described above.
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¡If-ZF:
Exhibit B
Community Facilities District No. ll-M
(Rolling Hills Ranch)
RATE AND METHOD OF APPORTIONMENT
A Special Tax of Community Facilities District No. 11M (Rolling Hills Ranch) of the Oty of Chula
Vista ("ŒD") shall be levied on all Assessor's Parcels of the ŒD and collected each Fiscal Year
commencing in Fiscal Year 2004-05 in an amount determined through the application of the rate
and method of apportionment of the Special Tax set forth below. All of the real property in the
CFD, UIÙess exempted by law or by the provisions hereof, shall be taxed for the purposes, to the
extent and in the manner herein provided.
A.
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, other final map, other parcel map, other
condonúnium plan, or functionally equivalent map or instrument recorded in the Office of
the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage
multiplied by43,560.
"Act" means the Mello- Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part 1, Division 2 of TItle 5 of the Government Code of the State of California.
"Administrative Expenses" means the acrual or estimated costs incun-ed by the Oty,
acting for and on behalf of the ŒD as the administrator thereof, to determine, levy and
collect the Special Taxes, including salaries of Otyemployees and a proportionate amount of
the Oty's general administrative overhead related thereto, and the fees of consultants and
legal counsel providing services related to the administration of the CFD; the costs of
collecting installments of the Special Taxes; and any other costs required to administer the
ŒD as determined by the Oty.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"CFD Administratnr" means an official of the City, or designee thereof, responsible for
detennining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community Facilities District No. 11M of the City of Chula Vista.
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"City" means the Oty of Chula Vista.
" City dem" means the Oty Oerk for the Oty of Chula Vista or Ills or her designee.
" City Manager" means the Oty Manager for the Oty of Chula Vista or Ills or her designee.
"Community PUIpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements of
Otyof Chula Vista Ordinance No. 2452.
"Council" means the Oty Council of the Oty of Chula Vista, acting as the legislative body
of the ŒD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building pemùt was issued
after January I, 2004, but prior to the March 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Dwelling Unit" means each separate residential dwelling unit that comprises an
independent facility capable of conveyance or rental separate from adjacent residential
dwelling units.
"Final Map Property" means a single family residential lot created by a Final Subdivision
Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating buildable lots by
recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.), or recordation of a condominium plan
pursuant to California Ovi1 Code 1352, that creates individual lots for which building
pemùts may be issued without further subdivision and is recorded prior to March 1
preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July I and ending on the following June 30.
"Habitat Maintenance" means the labor, material, administration, personnel, equipment
and utilities necessary to maintain habitat conservation areas within the ŒD as set forth in
the CFD Report.
"Habitat Maintenance Requirement" means, for any Fiscal Year in which Special Taxes
are levied, the amount equal to the budgeted costs for Habitat Maintenance applicable to the
ŒD for such Fiscal Year.
"Land Use Class" means any of the classes listed in Table I or Table 2.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
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"Non-Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit(s) has been issued for a structure or structures for non-residential
use.
"Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year
to pay for Habitat Maintenance and Storm Water Quality Maintenance and Administrative
Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Habitat Maintenance Requirement and the applicable Storm Water Quality Maintenance
Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not
classified as Final Map Property, or Taxable Property Owners Association Property.
"Property Owner Association Property" means any property within the boundaries of the
CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with
the County Recorder to, a property owner association, including any master or sub-
association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to
the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each
Land Use Cass.
"Public Property" means any property within the boundaries of the CFD that, at the time
of the CFD fonnation, is (a) owned by the federal government, the State, the County, the
City or any other public agency or (b) has been irrevocably offered for dedication to such an
entity (whether or not such offer has been accepted) and is expected to be used for any
public purpose.
"Reserve Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, reselVe capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable bufferto prevent large variations in annual Special Tax levies.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one residential dwelling unit.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in the CFD to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for the CFD
to: (a) (~ pay the Habitat Maintenance Requirement; (ir) pay the Storm Water Quality
Maintenance Requirement; (ill) pay reasonable Administrative Expenses; (iv) pay any
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amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year, less (b) a credit for
funds available to reduce the annual Special Tax levy, including the excess, if any, in the
Reserve Fund above the Reserve Fund Requirement.
"State" means the State of California.
"Stonn Water Quality Maintenance" means the maintenance of detention basins, storm
drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities
that are direcdy related to storm water quality control throughout the aD.
"Stonn Water Quality Maintenance Requirement" means for any Fiscal Year an amount
equal to the budgeted costs for Storm Water Quality Maintenance applicable to the ŒD for
the current Fiscal Year in which Special Taxes are levied.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the ŒD
that are not exempt from the Special Tax pursuant to law or as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: @ Public Property, or (ü) Property Owner Association Property,
or (ill) Assessor's Parcels defined as Community Purpose Facility Property that is owned by a
non-profit organization and has provided proof to the City prior to the March 1st preceding
the Fiscal Year in which the Special Tax is being levied of the organization's non-profit
status, or (iv) Assessor's Parcels with public or utility easements making impractical their
utilization for other than the purposes set forth in the easement.
"Taxable Property Owner Association Property" means all Property Owner Association
Property which is not exempt from the Special Tax pursuant to Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
B.
ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the CFD shall be
classified as Developed Property or Undeveloped Property, and shall be subject to Special
Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to
a Land Use Qass as specified in Table 1. Undeveloped Property shall be further assigned to
a Land Use Qass as specified in Table 2.
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c.
MAXIMUMSPEOAL TAX RATE
1.
Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 11M
Rolling Hills Ranch
Land Use
Gass
I
2
Multiple Land Use Qasses
In some instances an Assessor's Parcel of Developed Property may contain more
than one Land Use Gass. The Maximum Special Tax that may be levied on such an
Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be
imposed on all Land Use Gasses located on that Assessor's Parcel. The CFD
Administrator shall determine the allocation to each Land Use Qass.
2.
Undeveloped Property
TABLE 2
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 11M
Rolling Hills Ranch
Land Use
Gass
4
5
6
Maximum Special Tax
$648.14 er A1::.re
$648.14 er A1::.re
$648.14 per A1::.re
3.
Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in the CFD shall be increased each Fiscal Year beginning in Fiscal
Year 2005-06 and thereafrer by a factor equal to the annual percentage increase, if
any, in' the San Diego Metropolitan Area All Urban Consumer Price Index (All
Items).
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D.
METHOD OF APPORTIONMENT OF THE SPEGAL TAX
Commencing with Fiscal Year 2004-05, and for each following Fiscal Year, the Council shall
levy the Special Tax at the rates established pursuant to steps I through 4 below so that the
amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall
be levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maximum Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for
Final Map Property;
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for
Other Taxable Property;
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, the Special Tax shall be levied proportionately on each
Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the
Maximum Special Tax for Taxable Property Owner Association Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property for which an occupancy penI1Ìt for private
residential use has been issued be increased by more than ten percent annually up to the
Maximum Special Tax as a consequence of delinquency or default by the owner of any other
Assessor's Parcel within the CFD.
E.
EXEMPTIONS
The CFD Administrator shall classify as exempt property (D Assessor's Parcels defined as
Public Property, (ir) Assessor's Parcels defined as Community Purpose Facility Property that
are owned by a non-profit organization which has provided proof to the Gty prior to the
March 1st preceding the Fiscal Year in which the Special Tax is being levied of the
organization's non-profit status, and (ill) Assessor's Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement.
The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as
Property Owner's Association Property provided that no such classification would reduce
the sum of all taxable Property to less than 208.52 Acres. Assessor's Parcels defined as
Property Owner Association Property that cannot be classified as exempt property will be
classified as Taxable Property Owner Association Property and shall be taxed as part of the
fourth step in Section D.
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The CFD Administrator will assign Tax-Exempt starns in the chronological order in which
property becomes exempt.
F.
APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of the
Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD
Administrator regarding such error. If following such consultation, the CFD Administrator
determines that an error has occurred, the CFD Administrator may amend the amount of the
Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any
by the CFD Administrator, the landowner or resident believes such error still exists, such
person may file a written notice with the Gty derk of the Gty appealing the amount of the
Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the Gty
derk shall forward a copy of such notice to the Gty Manager who shall establish as part of
the proceedings and administration of the CFD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/ Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to the
annual administration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding as to all
persons.
G.
MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad wlaæm property taxes; provided, however, that the CFD
Administrator may direcdy bill the Special Tax, may collect Special Taxes at a different time
or in a different manner if necessary to meet the financial obligations of the CFD or as
otherwise determined appropriate by the CFD Administrator.
H.
TERM OF SPEGAL TAX
Taxable Property within the ŒD shall remain subject to the Special Tax in perpetuity.
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RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN
SYGH COMMUNITY FACILITIES DISTRICT 11M (ROLLING HILLS
RANCH)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has previously undertaken proceedings to create and did establish a Community
Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities
Act of 1982," being Chapter 2.5, Part I, Division 2, Title 5 of the Govemment Code of the State
of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of
Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the
Ordinance may be referred to collectively as the "Community Facilities District Law"). This
Community Facilities District is referred to as COMMUNITY FACILITIES DISTRICT NO.
11M (ROLLING HILLS RANCH) (the "District"); and,
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of the District a proposition relating to the levy of special taxes within the
District and a separate proposition relating to the establishment of an appropriations limit for the
District; and,
WHEREAS, at this time said election has been held and the measures voted upon and
each such measure did receive the favorable 2/3's vote of the qualified electors, and this City
Council desires to declare the results of the election in accordance with the provisions of the
Elections Code of the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 11M (ROLLING HILLS RANCH), DOES HEREBY RESOLVE, DECLARE,
FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION I. The above recitals are all true and correct.
SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF
ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk,
acting in her capacity as the Election official, said Statement identifying the measures voted
upon and the number of votes given for and/or against the measures voted upon. A copy of said
Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so
incorporated.
SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the
Elections Code of the State of California, to enter in the minutes the results of the election as set
forth in said STATEMENT OF VOTES CAST.
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PREPARED BY:
APPROVED AS TO FORM BY:
4=>(:.-(. ~
Jack Griffin
Director of General Services
Ann Moore
City Attorney
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EXHffiIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
)
) ss.
)
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Govemment Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 11M
(ROLLING HILLS RANCH)
SPECIAL ELECTION
in said City, held July 20, 2004.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said
District in said City, and the whole number of votes cast for the Measures in said District in said City,
and the totals of the respective columns and the totals as shown for the Measures are full, true and
correct.
1.
VOTES CAST ON PROPOSITION A:
YES
NO
2.
VOTES CAST ON PROPOSITION B:
YES
NO
WITNESS my hand and Official Seal this
day of
,2004.
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
/ L/ -38'
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
COMMUNITY FACILITIES DISTRICT 11M (ROLLING HILLS RANCH)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has initiated proceedings, held a public hearing, conducted an election and
received a favorable vote :fÌ'om the qualified electors authorizing the levy of a special taxes
within a community facilities district, all as authorized pursuant to the terms and provisions of
the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title
5 of the Government Code of the State of California (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of
Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California
(the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community
Facilities District Law"). This Community Facilities District is designated as COMMUNITY
FACILITIES DISTRICT NO. 11M (ROLLING HILLS RANCH) (the "District").
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 11M (Rolling Hills Ranch), does hereby ordain as follows:
SECTION I. This City Council does, by the passage of this ordinance, authorize the
levy of special taxes within the District pursuant to the Rate and Method of Apportionment of
Special Taxes as set forth in Exhibit "A" attached hereto (the "Special Tax Formula"),
referenced and so incorporated.
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special taxes to be levied within the
District for the then current tax year or future tax years, except that the special tax to be levied
within the District shall not exceed the maximum special tax calculated pursuant to the Special
Tax Formula, but the special tax may be levied at a lower rate.
SECTION 3. The special taxes herein authorized, to the extent possible, shall be
collected in the same manner as ad valorem property taxes and shall be subject to the same
penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad
valorem taxes; provided, however, the District may utilize a direct billing procedure for any
special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect
the special taxes at a different time or in a different manner if necessary to meet its financial
obligations.
SECTION 4. The special taxes shall be secured by the lien imposed pursuant to Sections
3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall
be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall
continue in force and effect until the special tax obligation is prepaid, permanently satisfied and
canceled in accordance with Section 53344 of the Govemment Code of the State of California or
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until the special tax ceases to be levied by the City Council in the manner provided in Section
53330.5 of said Goverrunent Code.
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be
published in a newspaper of general circulation in the City pursuant to the provisions of
Goverrunent Code Section 36933.
PREPARED BY:
APPROVED AS TO FORM BY:
Dc-- 7. 4--
Ann Moore
City Attorney
Jack Griffin
Director of General Services
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Exhibit "A"
ŒTY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 11M
RATE AND METHOD OF APPORTIONMENT
FOR ROLLING HILLS RANŒf
A Special Tax of Community Facilities District No. 11M (Rolling Hills Ranch) of the Gty of Chula
Vista ("ŒD") shall be levied on all Assessor's Parcels of the ŒD and collected each Fiscal Year
commencing in Fiscal Year 2004-05 in an amount detemÜned through the application of the rate
and method of apportionment of the Special Tax set forth below. All of the real property in the
ŒD, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the
extent and in the manner herein provided.
A.
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable Final Subdivision Map, other final map, other parcel map, other
condominium plan, or functionally equivalent map or instrument recorded in the Office of
the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage
multiplied by43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Part I, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the Gty,
acting for and on behalf of the CFD as the administrator thereof, to detemÜne, levy and
collect the Special Taxes, including salaries of Gtyemployees and a proportionate amount of
the Gty's general administrative overhead related thereto, and the fees of consultants and
legal counsel providing services related to the administration of the CFD; the costs of
collecting installments of the Special Taxes; and any other costs required to administer the
CFD as detemÜned by the Gty.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the Countydesignating
parcels by assessor's parcel number.
"CFD Administrator" means an official of the Gty, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community Facilities District No. 11M of the Gty of Chula Vista.
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"City" means the City of Chula Vista.
" City Oerk" means the City Oerk for the City of Chula Vista or his or her designee.
" City Manager" means the City Manager for the City of Chula Vista or his or her designee.
"Community Purpose Facility Property" or "ŒF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body
of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building pennit was issued
after January 1, 2004, but prior to the March 1st preceding the Fiscal Year in which the
Special Tax is being levied.
"Dwelling Unit" means each separate residential dwelling unit that comprises an
independent facility capable of conveyance or rental separate from adjacent residential
dwelling units.
"Final Map Property" means a single family residential lot created by a Final Subdivision
Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating buildable lots by
recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.), or recordation of a condominium plan
pursuant to California Civil Code 1352, that creates individual lots for which building
pennits may be issued without further subdivision and is recorded prior to March I
preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July I and ending on the following June 30.
"Habitat Maintenance" means the labor, material, administration, personnel, equipment
and utilities necessary to maintain habitat conservation areas within the CFD as set forth in
the CFD Report.
"Habitat Maintenance Requirement" means, for any Fiscal Year in which Special Taxes
are levied, the amount equal to the budgeted costs for Habitat Maintenance applicable to the
CFD for such Fiscal Year.
"Land Use Oass" means any of the classes listed in Table 1 or Table 2.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below, that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
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"Non-Residential Property" means all Assessor's Parcels of Developed Property for
wlúch a building pennit(s) has been issued for a structure or structures for non-residential
use.
"Operating Fund" means a fund that shall be maintained for the CFD for each Fiscal Year
to pay for Habitat Maintenance and Storm Water Quality Maintenance and Administrative
Expenses.
"Operating Fund Requirement" means, for any Fiscal Year, the sum of the applicable
Habitat Maintenance Requirement and the applicable Storm Water Quality Maintenance
Requirement.
"Other Taxable Property" means, for each Fiscal Year, all Undeveloped Property not
classified as Final Map Property, or Taxable Property Owners Association Property.
"Property Owner Association Property" means any property within the boundaries of the
CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with
the County Recorder to, a property owner association, including any master or sub-
association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to
the Maximum Special Tax is equal for all Assessor's Parcels of Taxable Property within each
Land Use Cass.
"Public Property" means any property within the boundaries of the CFD that, at the time
of the CFD formation, is (a) owned by the federal government, the State, the County, the
City or any other public agency or (b) has been irrevocably offered for dedication to such an
entity (whether or not such offer has been accepted) and is expected to be used for any
public purpose.
"Reserve Fund" means a fund that shall be maintained for the CFD for each Fiscal Year to
provide necessary cash flow for the first six months of each Fiscal Year, reserve capital to
cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of
Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating
Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building pennit(s) has been issued for purposes of consrructing one residential Dwelling
Unit.
" Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in the CFD to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for the CFD
to: (a) (0 pay the Habitat Maintenance Requirement; (ü) pay the Storm Water Quality
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Maintenance Requirement; (ill) pay reasonable Administrative Expenses; (iv) pay any
amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (v) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year, less (b) a credit for
funds available to reduce the annual Special Tax levy, including the excess, if any, in the
Reserve Fund above the Reserve Fund Requirement.
"State" means the State of California.
"Storm Water Quality Maintenance" means the maintenance of detention basins, storm
drains, catch basin inserts, hydrodynamic devices, infiltration basins, and all other facilities
that are directly related to storm water quality control throughout the CFD.
"Storm Water Quality Maintenance Requirement" means for any Fiscal Year an amount
equal to the budgeted costs for Storm Water Quality Maintenance applicable to the ŒD for
the current Fiscal Year in which Special Taxes are levied.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of the ŒD
that are not exempt from the Special Tax pursuant to Jawor as defined below.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (D Public Property, or (it) Property Owner Association Property,
or (iii) Assessor's Parcels defined as Community Purpose Facility Property that is owned by a
non-profit organization and has provided proof to the City prior to the March 1st preceding
the Fiscal Year in which the Special Tax is being levied of the organization's non-profit
status, or (iv) Assessor's Parcels with public or utility easements making impractical their
utilization for other than the purposes set forth in the easement.
"Taxable Property Owner Association Property" means all Property Owner Association
Property which is not exempt from the Special Tax pursuant to Section E below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
B.
ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the ŒD shall be
classified as Developed Property or Undeveloped Property, and shall be subject to Special
Taxes pursuant to Sections C and D below. Developed Property shall be further assigned to
a Land Use Oass as specified in Table 1. Undeveloped Property shall be further assigned to
a Land Use Oass as specified in Table 2.
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c.
MAXIMUM SPECIAL TAX RATE
1.
Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 11M
Rolling Hills Ranch
Land Use
Oass
1
2
Multiple Land Use Gasses
In some instances an Assessor's Parcel of Developed Property may contain more
than one Land Use Gass. The Maximum Special Tax that may be levied on such an
Assessor's Parcel shall be the sum of the Maximum Special Tax levies that may be
imposed on all Land Use Gasses located on that Assessor's Parcel. The CFD
Administrator shall determine the allocation to each Land Use Casso
2.
Undeveloped Property
TABLE 2
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 11M
Rolling Hills Ranch
Land Use
Oass
3
4
5
Maximum Special Tax
$648.14 er kre
$648.14 er kre
$648.14 per kre
3.
Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in the CFD shall be increased each Fiscal Year beginning in Fiscal
Year 2005-06 and thereafter by a factor equal to the annual percentage increase, if
any, in the San Diego Metropolitan Area All Urban Consumer Price Index (All
Items).
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D.
METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2004-05, and for each following Fiscal Year, the Council shall
levy the Special Tax at the rates established pursuant to steps I through 4 below so that the
amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall
be levied each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property up to 100% of the applicable Maximum Special Tax;
Second: If additional monies are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Final Map Property at up to 100% of the Maximum Special Tax for
Final Map Property,
Third: If additional monies are needed to satisfy the Special Tax Requirement after the first
two steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Other Taxable Property at up to 100% of the Maximum Special Tax for
Other Taxable Property,
Fourth: If additional moneys are needed to satisfy the Special Tax Requirement after the first
three steps have been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Taxable Property Owner Association Property at up to 100% of the
Maximum Special Tax for Taxable Property Owner Association Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property for which an occupancy permit for private
residential use has been issued be increased by more than ten percent annually up to the
Maximum Special Tax as a consequence of delinquency or default by the owner of any other
Assessor's Parcel within the CFD.
E.
EXEMPTIONS
The CFD Administrator shall classify as exempt property (~ Assessor's Parcels defined as
Public Property, (j¡) Assessor's Parcels defined as Community Purpose Facility Property that
are owned by a non-profit organization which has provided proof to the Gty prior to the
March 1st preceding the Fiscal Year in which the Special Tax is being levied of the
organization's non-profit status, and (ü!) Assessor's Parcels with public or utility easements
making impractical their utilization for other than the purposes set forth in the easement.
The CFD Administrator shall classify as exempt property those Assessor's Parcels defined as
Property Owner's Association Property provided that no such classification would reduce
the sum of all Taxable Property to less than 208.52 Acres. Assessor's Parcels defined as
Property Owner Association Property that cannot be classified as exempt property will be
classified as Taxable Property Owner Association Property and shall be taxed as part of the
fourth step in Section D. .
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The CFD Administrator will assign Tax-Exempt statUS in the chronological order in which
property becomes exempt.
F.
APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of the
Special Tax levied on their Assessor's Parcel is in error shall first consult with the ŒD
Administrator regarding such error. If following such consultation, the ŒD Administrator
determines that an error has occurred, the ŒD Administrator may amend the amount of the
Special Tax levied on such Assessor's Parcel. If following such consultation and action, if any
by the CFD Administrator, the landowner or resident believes such error still exists, such
person may file a written notice with the Cìty Oerk of the Cìty appealing the amount of the
Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the Cìty
Oerk shall forward a copy of such notice to the Cìty Manager who shall establish as part of
the proceedings and administration of the CFD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it deems
necessary to undertake the review of any such appeal. The Review/ Appeal Committee shall
intetpret this Rate and Method of Apportionment and make determinations relative to the
annual administration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/ Appeal Committee shall be final and binding as to all
persons.
G.
MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and
at the same time as ordinary ad udarem property taxes; provided, however, that the CFD
Administrator may directly bill the Special Tax, may collect Special Taxes at a different time
or in a different manner if necessary to meet the financial obligations of the ŒD or as
otherwise determined appropriate by the CFD Administrator.
H.
TERM OF SPEGAL TAX
Taxable Property within the ŒD shall remam subject to the Special Tax in
petpetuity.
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ITEM TITLE:
COUNCIL AGENDA STATEMENT
ITEM: /S
MEETING DATE: 07/27/04
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED,
AT-WILL POSITION TO THE CITY CLERK'S DEPARTMENT AND
APPROPRIATING FUNDS THEREFOR
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION
2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED
POSITIONS /JÞ
Susan Bigelow, MMC, City Clerk
SUBMITTED BY:
Adoption of the resolution and ordinance approves the reorganization of the City Clerk's
Department to successfully carry out the department's current and long-term work programs and
goals, authorizes the addition of a new unclassified, at-will position of Assistant to the City
Clerk, and appropriates funds therefor. Chula Vista Charter Section 500 requires that all
unclassified positions not mentioned specifically in the section be added by ordinance.
RECOMMENDATION: Council adopt the resolution and place the ordinance on first reading
DISCUSSION:
4/5THS VOTE REQUIRED:
þ\Yes DNo
The rapid development of Chula Vista and growth in the City organization, as well as increased
services provided by the department, have significantly increased the workload of the City
Clerk's Office. The addition of an Assistant to the City Clerk position would enable the
department to maintain current services while accomplishing needs of the department not
currently being met, such as:
.
Revitalization of the records management program, including a citywide update
of the records retention schedules.
Citywide training on California Public Records Act requirements and the
document imaging program.
A manual and training for Board and Commission secretaries.
Municipal Code and Council Policy Manual reviews and updates to correct
ornissions and references to obsolete sections.
An Agenda Process Manual and citywide training.
Implementation of and citywide training on new software for more efficient
agenda and agenda report management.
A detailed City Clerk Procedures Manual.
Possible implementation of new services, such as passports, to benefit our
customers and perhaps generate revenue for the City.
.
.
.
.
.
.
.
Ie'"'. ¡'
--,'
Many of the current, key responsibilities of the City Clerk would be distributed to the new
Assistant to the City Clerk in order to give the City Clerk the ability to focus on the above needs.
Among other duties, the new Assistant to the City Clerk would
.
Serve as filing officer for campaign finance reports and conflict of interest
statements.
Perform the mandated review of all statements filed with the City Clerk's Office.
Assist in preparing candidate materials and performing election-related duties
Review Council, Redevelopment Agency, Housing Authority and Public
Financing Authority minutes, resolutions and ordinances to ensure accuracy.
Assist in establishing the passport services program, should it be implemented in
the future.
.
.
.
.
The new Assistant to the City Clerk would also absorb some of the duties of other City Clerk
staff in order to (I) maintain the department's high standards of productivity and efficiency and
(2) reduce staffs extra heavy workloads. Due to the proposed scope and complexity of duties to
be performed by the new Assistant to the City Clerk, it is critical that the person selected for the
position have extensive City Clerk experience and be familiar with current legal requirements
with respect to elections, campaign finance reform, statements of economic interests, and public
records.
While the idea of adding this position has been under consideration and discussion for some
time, it was not brought forward during the regular budget approval period because of the
perceived difficulty in finding someone with the necessary experience willing to fill an assistant
position. It is brought forward at this time because of the very recent (after budget approval)
availability of a San Diego-region, certified City Clerk who has expressed an interest in such a
position. The prospect of adding her to the team has been wholeheartedly welcomed by City
Clerk staff.
Based upon current and projected workloads, it is recommended that the department add one
mid-management, at-will Assistant to the City Clerk position at an initial salary of $85,399,
equivalent to the E step salary of the Intergovemmental Affairs Coordinator.
FISCAL IMPACT:
The fiscal impact resulting :fÌ'om the addition ofthe new position for FY 2005 is $104,770, to be
funded :fÌ'om unallocated reserves of the General Fund. The ongoing cost is $121,067. Since
ongoing resources have not yet been identified to fund this ongoing expense, approval of this
action may require offsetting budget reductions in future years.
/6-2-
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ADDITION OF ONE
UNCLASSIFIED, AT-WILL POSITION TO THE CITY
CLERK'S DEPARTMENT AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, the rapid development of Chula Vista and growth in the City organization,
as well as increased services provided by the department, have significantly increased the
workload of the City Clerk's Office; and
WHEREAS, the addition of an unclassified, at-will, mid-management position of
Assistant to the City Clerk will enable the department to maintain current services, as well as
bring critical talent to allow the City Clerk to focus on and successfully accomplish significant
projects of benefit to the City and accomplish unmet needs of the City Clerk's Office.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize
the addition of an Assistant to the City Clerk position to the City Clerk's Office and appropriate
funds therefor.
Presented by:
Approved as to form by:
Susan Bigelow, MMC, City Clerk
~~~ ,of
Ann Moore, City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 27th day of July, 2004, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
ABSENT: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
Susan Bigelow, MMC, City Clerk
!.~-:::?
::;, ~
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHULA VISTA MUNICIPAL
CODE SECTION 2.05.010 RELATING TO THE
ESTABLISHMENT OF UNCLASSIFIED POSITIONS
WHEREAS, the City Council has adopted a resolution approving the addition of an
unclassified, at-will, mid-management position to the City Clerk's Office; and
WHEREAS, Charter Section 500(a) requires that all new unclassified, management level
positions be adopted by ordinance and a four-fifths vote of the Council.
NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows:
SECTION 1: Section 2.05.010 of the Chula Vista Municipal Code relating to the
establishment ofunc1assified position is hereby amended to read as follows:
2.05.010
Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the
Charter of the city, there are established the unclassified positions entitled deputy city manager,
administrative services manager, deputy fire chief, assistant fire chief, assistant chief of police,
assistant director of finance, assistant director of budget and analysis, fiscal operations manager,
funds development strategic planning manager, purchasing agent, treasury manager, assistant
director of human resources, director of employee development, risk manager, assistant director
of public works and operations, assistant director of building and housing, deputy building
official, building services manager, building and park construction manager, parks and open
space manager, assistant director of recreation, housing coordinator, real property manager,
transit coordinator, assistant director of community development, community relations manager,
western Chula Vista development manager, traffic engineer, deputy director of engineering,
assistant library director, chief learning officer, director of communications, police captain,
director of conservation and environmental services, deputy director of planning, assistant
director of planning, special planning projects manager, general plan project manager, chief of
staff, constituent services manager, community liaison (assigned to the office of the mayor and
city council), California border alliance group deputy executive director, California border
alliance group budget manager, California border alliance group meth strike force coordinator,
California border alliance group network administrator, California border alliance group
operations/intelligence coordinator, California border alliance group program manager,
California border alliance group program analyst, California border alliance group management
assistant, California border alliance group network assistant, regional computer forensic
laboratory network engineer, California border alliance group executive assistant, and Assistant
to the City Clerk.
SECTION II: This ordinance shall take effect and be in full force and effect upon its second
reading and adoption.
Submitted by:
Approved as to form by:
Susan Bigelow, MMC, City Clerk
~~.~ ~cr
Ann Moore, City Attorney
15 -'-I
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 8/3/04
ITEM TITLE:
Resolution Approving the Final Map of ßolling Hills Ranch.
Subarea III, Neighborhood 9A, Chula Vista Tract No. 92-02A; approving
the associated Subdivision Improvement Agreement for the completion of
the improvements required by said Subdivision; approving the associated
Supplemental Subdivision Improvement Agreement, requiring Developer
to comply with certain unfulfilled conditions of Resolution No. 16834 and
Resolution No. 2003-199; and approving the Amendment to the Rolling
Hills Ranch (Formerly known as Salt Creek Ranch) CVT 92-02A
Desiltation and NPDES Compliance Agreement.
Resolution Approving the Grant of Easements and
Maintenance Agreement for Rolling Hills Ranch, Subarea III,
Neighborhood 9A, Chula Vista Tract No. 92-02A, establishing obligations
and responsibilities for the maintenance of certain public improvements by
the Developer.
SUBMITTED BY: Director of General Services/City Engineer ~
REVIEWED BY: City ManagerG~ ~¡¡/ (4/Sths Vote: Yes - No---L)
b C .1 e' . ...
On Octo er 6, 1992, ouncl approved a TentatJve SubdIvIsIOn Map for Salt Creek Ranch, Chula
Vista Tract No. 92-02. On May 13, 2003, Council approved an Amending Tentative Subdivision
Map for Rolling Hills Ranch (formerly known as Salt Creek Ranch) Subarea III, Chula Vista
Tract No. 92-02A, in which Neighborhoods 9 through 12 of the original Tentative Subdivision
Map were redesigned. Staff proposes that Council now consider approval of the Neighborhood
9A Final Map, its associated Subdivision and Supplemental Subdivision Improvement
Agreements, and a Grant of Easements & Maintenance Agreement for privately maintained
public property.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS AND COMMISSIONS: Not applicable.
DISCUSSION:
Rolling Hills Ranch Neighborhood 9A is a 47.8-acre project generally located north of Proctor
Valley Road and east of Hunte Parkway in the southern portion of Rolling Hills Ranch Subarea
III, immediately north of the Eastlake Woods project. The project consists of98 residential lots
and 1 HOA lot (see Attachment I). The Tentative Map was approved October 6 1992
(Resolution No. 16834). An Amending Tentative Map was approved May 13, 2003 (Resolution
No. 2003-199).
Final Map: The Final Map has been reviewed by the City Engineer and found to be in
substantial conformance with the approved Tentative Map. The developer, McMillin Rolling
Hills Ranch, LLC, has already paid all applicable fees.
/6-/
Page 2, Item~
Meeting Date 8/3/04
Council approval of the Final Map will constitute:
Acceptance by the City of the fuel modification open space easements.
Acceptance by the City of the sight visibility easements with the rights of ingress and
egress.
Acceptance by the City of the 5.50-foot tree planting and maintenance easements, with
the rights of ingress and egress for the construction and maintenance of street planting
along Butterfly Court, Overlook Place, Morning Creek Road, Lake Hill Place, and Lake
House Place.
Acceptance by the City for public use of Butterfly Court, Overlook Place, Morning Creek
Road, Lake Hill Place, and Lake House Place.
Associated Agreements: In addition to Final Map approval, staff recommends that Council
approve the following agreements associated with the project:
1. Subdivision Improvement Agreement: Requires the Developer to complete the
improvements required by said Subdivision. Security bonds have been provided,
guaranteeing the completion of all improvements and monumentation required by the
Municipal Code.
2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled
conditions of the Tentative Map approved by Resolution No. 16834 and the Amending
Tentative Map approved by Resolution No. 2003-199. These conditions will remain in
effect until completed by the developer and/or their successors(s) in interest.
3. Grant of Easements & Maintenance Agreement: Establishes obligations and
responsibilities for the maintenance of certain improvements located within public rights-
of-way by the developer and/or their successor(s) in interest, as required by the Tentative
Map conditions of approval.
4. Amendment to Desiitation and NPDES Compliance Agreement: Removes obligations
and responsibilities pertaining to the construction of a new stormwater pump station.
The above agreements have been reviewed by staff, and approved as to form by the City
Attorney.
FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees
and other costs associated with the proposed Final Map and agreements.
Attachments:
Attachment I: Plat of Rolling Hills Ranch Neighborhood 9A. Chula Vista Tract No. 92-02A
Attachment 2: Developer's Disclosure Statement
Exhibit A: Subdivision Improvement Agreement
Exhibit B: Supplemental Subdivision Improvement Agreement
Exhibit C: Grant of Easements & Maintenance Agreement
Exhibit D: Amendment to Desiitation and NPDES Compliance Agreement
TA File No. RH-233F
J:\EngineerlLanddevIProjectslRolling Hills RanchINeighborhood 9AIRHR N9A AIl3 - Final Draft.doc
/(;-2--
ATTACHMEN'- -1.-
CHULA VISTA TRACT NO. 92-02A
ROLLING HILLS RANCH
SUBAREA III NEIGHBORHOOD 9A
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ATTACHMENì -L
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be
filed. The following information must be disclosed:
1.
List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
McMillin Rolling Rills Ranch, LLC
McMillin Quintessa, LLC
Mercede Partners, L.P.
Comerica Bank--California
2.
If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
3.
If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any
person serving as director ofthe non-profit organization or as trustee or beneficiary or trustor ofthe trust.
4.
Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
Todd Galarneau
Tom Tomlinson
Frank Zaidle
Dave Warren
Rodney Lubojasky
5.
Has any person' associated with this contract had any financial dealings with an official" of the City of
Chula Vista as it relates to this contract within the past 12 months. Yes- No-
16-'1
City of Chula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6.
Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No ~ Yes - If yes, which Council member?
7.
Have you provided more than $340 (or an item of equivalent value) to an official" of the City ofChula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes - N°-L
If Yes, which official" and what was the nature of item provided?
Date:
:{.~. O~
Print or type
pplicant
Person is defined as: any individual, firm, co-partnership,joint venture, association, social club, uatemal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
"
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
JlAttomoylfo=,\d;,d",ure ""omoot 3-6-03
Ih-!5
RESOLUTION NO. 2004--
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHULA VISTA TRACT
NO.92-02A, ROLLING HILLS RANCH, SUBAREA III,
NEIGHBORHOOD 9A FINAL MAP; ACCEPTING ON
BEHALF OF THE CITY THE VARIOUS PUBLIC
EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN
SAID SUBDIVISION, APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION,
APPROVING THE ASSOCIATED SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT, APPROVING
THE AMENDMENT TO THE ROLLING HILLS RANCH CVT
92-02A DE SILTATION AND NPDES COMPLIANCE
AGREEMENT, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
WHEREAS, the developers, the McMillin Rolling Hills Ranch, LLC, has submitted a
final map for Rolling Hills Ranch, Subarea Ill, Neighborhood 9A; and
WHEREAS, the developers have executed a Subdivision Improvement Agreement to
install public facilities associated with the project; and
WHEREAS, the developers have executed a Supplemental Subdivision Improvement
Agreement to satisfy remaining conditions of City Council Resolutions No. 16834 and No. 2003-
199.
WHEREAS, the developers have executed an Amendment to the Rolling Hills Ranch
(Formerly known as Salt Creek Ranch) CVT 92-02A Desiltation and NPDES Compliance
Agreement to remove certain obligations and responsibilities pertaining to the construction of a
new stormwater pump station.
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 92-02A, Rolling Hills
Ranch, Subarea III, Neighborhood 9A, and more particularly described as follows:
Lots "I", "2", "3", and "5" and a portion of Coastal Hills Drive of Chula Vista
Tract No.92-02A Rolling Hills Ranch, Subarea III, according to "A" Map 14756
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 March 24, 2004.
Area: 47.760 Acres
Numbered Lots: 98
Open Space Lots: 1.69 Acres
No. of Lots: 99
Lettered Lots: I
is made in the manner and form prescribed by law and conforms to the surrounding surveys; and
that said map and subdivision ofland shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public
the public streets, to-wit Butterfly Court, Overlook Place, Morning Creek Road, Lake Hill Place,
/b-I"
Resolution 2004-XXX
Page 2
and Lakehouse Place, and said streets are hereby declared to be a public streets and dedicated to
the public use all as shown on said map within said subdivision.
BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of
Chula Vista the various easements, all as granted on said 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 is hereby
authorized and directed to endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are accepted on behalf of the
public as therefore stated and that those certain easements, as granted thereon and shown on said
map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above
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 for
the completion of improvements in said subdivision, a copy of which shall be kept on file in the
office ofthe City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval that will remain in effect and run with
the land for the map, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that that certain Amendment to the Rolling Hills Ranch
(Formerly known as Salt Creek Ranch) CVT 92-02A Desiltation and NPDES Compliance
Agreement to remove certain obligations and responsibilities pertaining to the construction of a
new stormwater pump station, a copy of which is on file in the Office of the City Clerk is hereby
approved.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said
map to the Clerk of the Board of Supervisors ofthe County of San Diego.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized to execute said agreement on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Û-ë.LJ-
Jack Griffm
Director of General Services
Ann Moore
City Attorney
/6-7
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
-----Ib- 7, ,-J--
Ann. Moore
City Attorney
Dated: ,.. . z,"r - Ð'1
Subdivision Improvement Agreement for the completion
Ofthe improvements for Rolling Hills Ranch,
Subarea III, Neighborhood 9A,
Chula Vista Tract No. 92-02A
/6-?
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 ofless than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this - day of , 2004, by and
between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City",
MCMILLIN ROLLING HILLS RANCH, LLC, A CALIFORNIA LIMITED LIABILITY
COMPANY, 2727 Hoover Ave., National City, CA, hereinafter called "Subdivider" with
reference to the facts set forth below, which Recitals constitute a part of this Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista
for approval and recordation, a final subdivision map of a proposed subdivision, to be known as
ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 9A (CVT 92-02A) 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, :fÌ'ee of liens at
Subdivider's own expense, all of the public improvements and/or land development work
required in said subdivision within a definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the approval and recordation of
said map by the Council, to enter into this agreement wherein it is provided that Subdivider will
-1-
/6-'1
install and complete, at Subdivider's own expense, all the public improvement work required by
City in connection with the proposed subdivision and will deliver to City improvement securities
as approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to
certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th
day of October, 1992 ("Tentative Map Resolution"); and
WHEREAS, an amending tentative map of said subdivision has heretofore been
approved, subject to certain requirements and conditions, as contained in Resolution No. 2003-
199, approved on the 13th day of May, 2003 ("Amending Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the construction, installation and
completion of said public improvement work have been prepared and submitted to the City
Engineer, as shown on Drawing No. 04029 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
ONE MILLION ONE HUNDRED TWENTY-THREE THOUSAND FOUR HUNDRED
DOLLARS AND NO CENTS ($1,123,400.00).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an obligation the burden of which
encumbers and runs with the land, agrees to comply with all of the terms, conditions and
requirements of the Tentative Map Resolution and Amending Tentative Map Resolution; to do
and perform or cause to be done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the satisfaction and approval of the
City Engineer, all of the public improvement and/or land development work required to be done
in and adjoining said subdivision, including the improvements described in the above Recitals
("Improvement Work"); and will furnish the necessary materials therefore, all in strict
conformity and in accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and as described in the above Recitals
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments have been or will be
installed within thirty (30) days after the completion and acceptance of the Improvement Work,
and that Subdivider has installed or will install temporary street name signs if permanent street
name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will cause all necessary
materials to be furnished and all Improvement Work required under the provisions of this
contract to be done on or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform said Improvement Work as
-2-
/6
set forth hereinabove, or that portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to the issuance of any certificate of
clearance for utility connections for said buildings or structures in said subdivision, and such
certificate shall not be issued until the City Engineer has certified in writing the completion of
said public improvements or the portion thereof serving said building or structures approved by
the City; provided, however, that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider that, in the performance of said
Improvement Work, Subdivider will conform to and abide by all of the provisions of the
ordinances of the City of Chula Vista, and the laws of the State of California applicable to said
work.
6. Subdivider further agrees to furnish and deliver to the City of Chula Vista,
simultaneously with the execution of this agreement, an approved improvement security :fÌ'om a
sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE
HUNDRED SIXTY-ONE THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS
($561,700.00) 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 :fÌ'om a
sufficient surety, whose sufficiency has been approved by the City in the sum of FIVE
HUNDRED SIXTY-ONE THOUSAND SEVEN HUNDRED DOLLARS AND NO CENTS
($561,700.00) 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 :fÌ'om a
sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHTEEN
THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($18,500.00) to secure the
installation of monuments, which security is attached hereto, marked Exhibit "Coo and made a
part hereof.
9. It is further agreed that if the Improvement Work is not completed within the time
agreed herein, the sums provided by said improvement securities may be used by City for the
completion of the Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the City, as are approved by the
City Council at the time of engaging the work to be performed. Upon certification of completion
by the City Engineer and acceptance of said work by City, and after certification by the Director
of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required
for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the
terms of the improvement security. Subdivider agrees to pay to the City any difference between
the total costs incurred to perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds :fÌ'om the improvement
-3-
/6-)1
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 therefore,
except to the limits established by the approved improvement security in accordance with the
requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista
Municipal Code.
11. It is further understood and agreed by Subdivider that any engineering costs
(including plan checking, inspection, materials furnished and other incidental expenses) incurred
by City in connection with the approval of the Improvement Work plans and installation of
Improvement Work hereinabove provided for, and the cost of street signs and street trees as
required by City and approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money
sufficient to cover said cost.
12. It is understood and agreed that until such time as all Improvement Work is fully
completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer lines within the proposed
subdivision. It is further understood and agreed that Subdivider shall guarantee all public
improvements for a period of one year :fÌ'om date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the acts or ornission 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 :fÌ'om
any and all claims, demands, causes of action, liability or loss of any sort, because of or arising
out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this
agreement; provided, however, that the approved improvement security shall not be required to
cover the provisions of this paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or the taking of property :fÌ'om
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 :fÌ'om 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
-4-
Ib-/2
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 :fÌ'om any claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory
agency, appeal board, or legislative body concerning a subdivision, which action is brought
within the time period provided for in Section 66499.37 of the Government Code of the State of
California.
15. Assignability. Upon request of the Subdivider, any or all on-site duties and
obligations set forth herein may be assigned to Subdivider's successor in interest if the City
Manager in hislher sole discretion determines that such an assignment will not adversely affect
the City's interest. The City Manager in hislher sole discretion may, if such assignment is
requested, permit a substitution of securities by the successor in interest in place and stead of the
original securities described herein so long as such substituted securities meet the criteria for
security as set forth elsewhere in this Agreement. Such assignment will be in a form approved
by the City Attorney.
-5-
Ih-/3
SIGNATURE PAGE ONE OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 9A
(CVT 92-02A)
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year fIrst hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
ATTEST:
Susan Bigelow
City Clerk
Approved as to form by
Ann Moore
City Attorney
-6-
/6-1'-1
SIGNATURE PAGE TWO OF TWO
SUBDIVISION IMPROVEMENT AGREEMENT
ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 9A
(CVT 92-02A)
McMillin Rolling Hills Ranch, LLC
A Delaware limited liability company
By: McMillin Management Services, LP.
A California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
Its: Generz ~ -
By: """'-"'""'{ ;J~
Its: \!¡¿v f/tU/;~
By~A84
~. VA
Its:
(Attach Notary Acknowledgment)
-7-
1&-1'5
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
}
}ss.
}
On 7/8/04 , before me, Ann M. Futo. Notary Public personally appeared Tom
Tomlinson and Thomas A. Fuller, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS m~", o""el ,eel
Signature L rt1 'c kd-o
Thi."",fo.offlda'oats"a'..a'
Title of Document Subdivision Improvement Aareement for McMillin Rollina Hills Ranch LLC
Date of Document
Other signatures not acknowledged
No. of Pages
/6--/6
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount:
$561,700.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount:
$561,700.00
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount:
$18,500.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Two (2) years :fÌ'om date of City Council approval of the
Subdivision Improvement Agreement.
J:\EngineeTILANDDEV\Projects\Rolling Hills RanchINeighborlIDod 9A\SIA RHR N9A Map - Final Draft.doc
-8-
Ib-rl
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
.D 0- 7, r-h.-
Ann Moore
City Attorney
Dated: r -; zlr - e'"
Supplemental Subdivision Improvement Agreement for
for Rolling Hills Ranch, Subarea III, Neighborhood 9A,
Chula Vista Tract No. 92-02A
Ib-/P
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO. 92-02A,
ROLLING HILLS RANCH SUBAREA III NEIGHBORHOOD 9A
(Conditions 2, 4, 35, 59, 64, 89, 120, 123, 124, 128 of Resolution 16834 for Chula Vista
Tract No. 92-02, Salt Creek Ranch and 29, 55, 88, 92, 133 of Resolution 2003-199 for
Chula Vista Tract No. 92-02A, Rolling Hills Ranch Subarea III)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this
_day of , 2004, by and between THE CITY OF CHULA VISTA,
California ("City" or "Grantee" for recording purposes only) and MCMILLIN ROLLING
HILLS RANCH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("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 referred to as Rolling Hills Ranch
Subarea III Neighborhood 9A, Chula Vista Tract No. 92-02A. For purposes of this
Agreement the term "Project" shall mean "Property".
B.
Developer is the owner of the Property.
/b-/1
G.
C.
The City has adopted Resolution 16834 ("Resolution") pursuant to which it has
approved the Salt Creek Tentative Subdivision Map subject to certain conditions as
more particularly described in the Resolution.
D.
Developer has applied for and the City has approved an Amending Tentative
Subdivision Map commonly referred to as Chula Vista Tract No. 92-02A, Rolling
Hills Ranch Subarea III Neighborhoods 9-12, ("Tentative Subdivision Map") for the
subdivision of the Property.
E.
The City has adopted Resolution 2003-199 ("Amending Resolution") pursuant to
which it has approved the Amending Tentative Subdivision Map subject to certain
conditions as more particularly described in the Resolution.
F.
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 "B" map
Agreement.
The Project has been reviewed for consistency with the following environmental
documents: FEIR-89-03; FSEIR-91-03 (hereinafter referred to as the Project EIRs).
The Project will be developed in accordance with these EIRs and all mitigation
measures set forth in the respective Mitigation Monitoring and Reporting Programs
(MMRPs).
NOW, THEREFORE, in exchange for the mutuai covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
1.1 Agreement Binding Upon Successors. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and interests of the parties
as to any or all of the Property as described in Exhibit "A" 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 proceedings to enforce the curing of such
reach to which it or any other beneficiaries of this agreement and the covenants
may be entitled.
2
N) -2-d
a. Developer Release on Guest Builder Assignments, If Developer
assigns any portion of the Project to a Guest Builder, Developer may request to be
released from Developer's obligations under this Agreement, that are expressly
assumed by the Guest Builder, provided Developer obtains the prior written consent
of the City to such release. Such assignment to the Guest Builder shall, however, be
subject to this Agreement and the Burden of this Agreement shall remain a covenant
running with the land. The City shall not withhold its consent to any such request for a
release so long as the assignee acknowledges that the Burden of the Agreement runs
with the land, assumes the obligations of the Developer under this Agreement, and
demonstrates, to the satisfaction of the City, its ability to perform its obligations under
this Agreement as it relates to the portion of the Project which is being acquired by the
Assignee.
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 to the satisfaction of the City and such partial
release will not, in the opinion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed. '
c. Release of Individual Lots. Upon the occurrence of any of the following
events, the Developer shall, upon receipt of the prior written consent of the City
Manager (or Manager's designee), have the right to release any lot(5) from
Developer's obligation under this Agreement:
iL
iiL
The execution of a purchase agreement for the sale of a
residential lot to a buyer of an individual housing unit;
The conveyance of a lot to a Homeowner's Association;
The conveyance of a school site as identified in the SPA
Plan to a school district;
The City shall not withhold its consent to such release so long as the City finds in
good faith that such release will not jeopardize the City's assurance that the
obligations set forth in this Agreement will be performed. At the request of the
Developer, the City Manager (or Manager's designee) shall execute an
instrument drafted by Developer in a recordable form acceptable to the City
Manager (or Manager's designee), which confirms the release of such lot or
parcel from the encumbrance of this Agreement.
Notwithstanding the foregoing, at the close of an individual homeowner's escrow
on any lot or parcel encumbered by this Agreement, such lot or parcel shall be
automatically released from the encumbrance hereof.
2. Condition No.2 of Resolution 16834 (Public Facilities Financing Plan). In
satisfaction of Condition No.2 of Resolution 16834, the Developer agrees to install public
3
/6-21
facilities in accordance with the Public Facilities Financing Plan as amended by Resolution
2000-190 on June 13, 2000 or as required by the City Engineer to meet threshold
standards adopted by the City. In addition, the sequence that improvements are
constructed shall correspond to any future East Chula Vista Transportation Phasing Plan
as may be amended in accordance with the financing study adopted by the City. The
Developer further acknowledges that the City Engineer and the Planning Director may, at
their discretion, modify the sequence of improvement construction should conditions
change to warrant such a revision.
3. Condition No, 4 of Resolution 16834 (General Preliminary). In satisfaction of
Condition No.4 of Resolution 16834, unless othelWise conditioned, the Developer shall
comply with, remain in compliance with, and implement, the terms, conditions and
provisions of 1) the Salt Creek Ranch General Development Plan (GDP) approved by City
Council Resolution 15875 on September 25, 1990 and amended by City Council
Resolution 2003-198 on May 13, 2003; 2) Salt Creek Ranch Sectional Planning Area
(SPA) Plan approved by the City Council Resolution No. 16555 on March 24, 1992 and
amended by City Council Resolution 2003-386 on August 26, 2003; 3) the Rolling Hills
Ranch Planned Community District Regulations and Land Use Map approved by City
Council Ordinance No. 2499 on April 7, 1992 and amended by Ordinance No. 2932 on
September 16, 2003; 4) Public Facilities Financing Plan approved by City Council
Resolution 16555 on March 24, 1992 and amended by Resolution 2000-190 on June 13,
2000; 5) Tentative Subdivision Map for Salt Creek Ranch, Chula Vista Tract 92-02
previously approved by City Council Resolution Number 16834 on October 6, 1992 and
amended by City Council Resolution 2003-199 on May 13, 2003; 6) Agreement for
Monitoring of Building Permits approved by City Council Resolution 2003-166 on April 15,
2003; 7) the Master Plan of Reclaimed Water; 8) Urban Runoff Report; 9) Habitat
Enhancement Plan; 10) Master Plan of Sewage; 11) Water Conservation Plan; and 12) the
Air Quality Improvement Plan Design Guidelines as are applicable to the property which is
the subject matter of the Tentative Map, prior to approval of the Final Maps, or shall have
entered into an agreement with the City, providing the City with such security (including
recordation of covenants running with the land) and implementation procedures as the City
may require, assuring that, after approval of the Final Map, the Developer shall continue to
comply with, remain in compliance with, and implement such Plans. Developer hereby
agrees to waive any claim that the adoption of a final Water Conservation Plan or Air
Quality Improvement Plan constitutes an improper subsequent imposition of the condition.
4. Condition No. 29 of Resolution 2003-199 (Sewer Pump Station). In partial
satisfaction of Condition No. 2003-199, the Developer agrees to not request building
permits until the Salt Creek Ranch sewer pump station has been accepted by the City.
5. Condition No, 35 of Resolution 16834 (List of Cut/Fill/Transition Lots). In
satisfaction of Condition No. 35 of Resolution 16834, the Developer agrees to submit a list
of proposed lots indicating whether the structure will be located on fill, cut, or a transition
between the two situations prior to issuance of the first building permit in Neighborhood 9A.
6.
Condition No. 55 of Resolution 2003-199 (Threshold and Withholding of
4
/6-22
Building Permits). In satisfaction of Condition No. 55 of Resolution 2003-199 Developer
agrees to the following
a.
That the City may withhold building permits for the subject subdivision if any
one of the following occur:
i. Regional development threshold limit set by the Chula Vista
Transportation Phasing Plan, as amended from time to time, have
been reached or in order to have the Project comply with the
Growth Management Program, as may be amended from time to
time.
ii. Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to
comply with the then effective Growth Management Ordinance
and Growth Management Program and any amendments thereto.
Public utilities shall include, but not be limited to, air quality,
drainage, sewer and water.
iii. The required public facilities, as identified in the PFFP or as
amended or otherwise conditioned have been completed or
constructed to the satisfaction of the City. The Developer may
propose changes in the timing and sequencing of development
and the construction of improvements affected. In such case, the
PFFP may be amended as approved by the City's Director of
Planning and building and the Public Works Director. Developer
agrees that the City may withhold building permits for any of the
phases of development identified in the Public Facilities Financing
Plan (PFFP) for the Project if the required public facilities, as
identified in the PFFP have not been completed.
b.
That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such determination and allow
the Developer reasonable time to cure said breach.
7. Condition No. 59 of Resolution 16834 (Erosion). In satisfaction of Condition No.
59 of Resolution 16834, the Developer agrees to hold the City harmless from any liability
for erosion, siltation of increase flow of drainage resulting from this Project.
8. Condition No. 64 of Resolution 16834 (Telegraph Canyon Trunk Sewer
Improvements). In satisfaction of Condition No. 64 of Resolution 16834, until such time
as the Salt Creek Trunk Sewer is constructed to the satisfaction of the City Engineer, the
Developer agrees to participate in the monitoring of existing sewage flows in the Telegraph
Canyon Trunk Sewer and, pursuant to any adopted Basin Plan, agree to participate in the
5
1&:>-23
financing of improvements set forth therein, in an equitable manner.
9. Condition No. 88 of Resolution 2003-199 (Brush Management). In satisfaction of
Condition No. 88 of Resolution 2003-199, the Developer agrees to provide, prior to
issuance of the first building permit in Neighborhood 9A, the initial cycle of fire
management/brush clearance within designated brush management HOA lots for the
Project and conduct selective thinning on Lots "a", "R", "S", "AN', and "CC" of Map No.
14756, subject to the approval of the Fire Marshal and the Landscape Architecture Division
and Environmental Review Coordinator.
10. Condition No. 89 of Resolution 16834 (Fire Hydrants). In satisfaction of Condition
No. 89 of Resolution 16834, the Developer agrees to install fire hydrants every 500 ft. for
single family residential and every 300 ft. for multi-family dwellings and to Install and make
operable the hydrants prior to delivery of combustible building materials.
11. Condition No. 92 of Resolution 2003.199 (Fuel Modification Zone Plantings). In
partial satisfaction of Condition No. 92 of Resolution 2003-199, the Developer agrees that
any new plantings within the Fuel Modification Zone shall be non-invasive and subject to
the approval of the Environmental Review Coordinator and Landscape Architecture
Division.
12. Condition No. 120 of Resolution 16834 (Bench Marks). In satisfaction of Condition
No. 120 of Resolution 16834, the Developer agrees to payoff all existing deficit accounts
associated with the processing of this application to the satisfaction of the Director of
Planning and to provide permanent City bench marks tied to the City System at the
following locations:
1. Mt. Miguel Road/Mackenzie Creek Road
2. East "H" Street/Both Subdivision Boundaries
3. East "H" Street/Hunte Parkway
4. Otay Lakes Road/Rutgers
13. Condition No. 123 of Resolution 16834 (Fire Sprinklers). In satisfaction of
Condition No. 123 of Resolution 16834, the Developer agrees to provide some lots with
residential fire sprinkler systems due to access requirements as determined by the Fire
Marshal. Developer further agrees that in multi-family dwellings, if a sprinkler system is
required for one building, all buildings in the Project shall be sprinklered.
14. Condition No. 124 of Resolution 16834 (Planned Community District
Regulations). In satisfaction of Condition No. 124 of Resolution 16834, the Developer
agrees that all proposed development shall be consistent with the Salt Creek Ranch SPA
Planned Community District Regulations, subject to the approval of the Director of
Planning.
15. Condition No. 128 of Resolution 16834 (Fees). In satisfaction of Condition No. 128
6
I Ç;.. . 2«
of Resolution 16834, the Developer agrees to pay all applicable fees in accordance with
the City Code and Council Policy, including, but not limited to, the following:
4.
5.
6.
Prior to issuance of the first building permit:
1. The Transportation and Public Facilities Development Impact Fees.
2. Signal Participation Fees.
3. All applicable sewer fees, including but not limited to sewer
connection fees.
SR-125 impact fee (as applicable).
Salt Creek Sewer Basin Fee.
Sewer Pump Station DIF.
16. Condition No. 133 of Resolution 2003.199 (Violations). In satisfaction of Condition
No. 133 of Resolution 2003-199, the Developer agrees that the approval of this map by the
City of Chula Vista does not authorize the Developer to violate Federal, State or City laws,
ordinances, regulations or policies, including, but not limited to the Federal Endangered
Species Act of 1973 and any amendments thereto.
17. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of
Conditions 2,4,35,59,64,89, 120, 123, 124, 128 of Resolution 16834 for Chula Vista
Tract No. 92-02, Salt Creek Ranch and 29, 55, 88, 92, 133 of Resolution 2003-199 for
Chula Vista Tract No. 92-02A, Rolling Hills Ranch Subarea III.
18. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned,
that Developer shall comply with all unfulfilled conditions of approval of the Salt Creek
Ranch, Chula Vista Tract No. 92-02 Tentative Map (adopted by Resolution 16834) and the
Amending Tentative Map for Rolling Hills Ranch, Chula Vista Tract No. 92-02A (adopted by
Resolution 2003-199) and shall remain in compliance with and implement the terms,
conditions and provisions of the Resolutions.
19. Previous Agreements. The Developer acknowledges that nothing in this Agreement
shall supersede, nullify or otherwise negatively impact the terms of Previous Agreements
as they apply to the Project including the Agreement for Monitoring of Building Permits as
approved by Resolution 2003-166.
20. Recording. This Agreement, or an abstract hereof prepared by either or both parties,
may be recorded by either party.
21. Assignability. Upon request of the Developer, any or all on-site duties and
obligations set forth herein may be assigned to subdivider's successor in interest if the City
Manager in his/her sole discretion determines that such an assignment will not adversely
affect the City's interest. The City Manager in his/her sole discretion may, if such
assignment is requested, permit a substitution of securities by the successor in interest in
7
/(¡;~.25
place and stead of the original securities described herein, so long as such substituted
securities meet the criteria for security as set forth elsewhere in this Agreement. Such
assignment will be in a form approved by the City Attorney.
22. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits for the Project, should the Developer be determined by the
City to be in breach of any of the terms of this Agreement. The City shall provide the
Developer of notice of such determination and allow the Developerwith reasonable time to
cure said breach.
23. Miscellaneous.
a.
Notices. Unless othervvise 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.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
Developer:
McMillin Rolling Hills Ranch, LLC
2727 Hoover Ave.
National City, California 91950
Attn: Rodney Lubojasky
A party may change such address for the purpose of this paragraph by giving
written notice of such change to the other party in the manner provided in this
paragraph.
b.
Captions. Captions in this Agreement are inserted for convenience of
reference and do not define, describe or limit the scope or intent of this
Agreement or any of its terms.
c.
Entire Agreement. This Agreement contains the entire agreement between
the parties regarding the subject matter hereof. Any prior oral or written
representations, agreements, understandings, and/or statements shall be of
no force and effect. This Agreement is not intended to supersede or amend
8
/h-U
any other agreement between the parties unless expressly noted.
d.
Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or his attorney prepared and/or drafted
this Agreement. It shall be conclusively presumed that both parties
participated equally in the preparation and/or drafting this Agreement.
e.
Recitals; Exhibits. Any recitals set forth above and exhibits referenced
herein are incorporated by reference into this Agreement.
f.
Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing
party will be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party"
shall be deemed to be the party who is awarded substantially the relief
sought.
(NEXT PAGE IS SIGNATURE PAGE)
Ib~2 7
PAGE ONE OF TWO SIGNATURE PAGES TO THE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
McMillin Rolling Hills Ranch LLC
Subarea III, Neighborhood 9A
CHULA VISTA TRACT NO. 92-02A
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
10
Ib-zt
PAGE ONE OF TWO SIGNATURE PAGES TO THE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
McMillin Rolling Hills Ranch LLC
Subarea III, Neighborhood 9A
CHULA VISTA TRACT NO. 92-02A
DEVELOPERS/OWNERS:
McMillin Rolling Hills Ranch, LLC
A Delaware Limited Liability Company
By: McMillin Management Services, L.P.
A California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
Its: Gener~~ '
By: 1""'" "ì~
Its: 1f¡¿G.- f'~l~-
By:~A.~~
Its:
..5'. v. P.
(Attach Notary Acknowledgment)
11
I b-Z1
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
}
}ss.
}
On 7/8/04 , before me, Ann M. Futo. Notary Public personally appeared Tom
Tomlinson and Thomas A. Fuller, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~ '-1Yl-~
-r-- ~'NM.~ù'í-ô')
~ COMM.# 1289207 z
~. NOT~~~~:~~J~~AN", ~
~; ~'~~~ ~...J
Thi, ".. 10. ""dal oolaoal ,.al
Title of Document
Date of Document
Supplemental Subdivision Improvement Aqreement for Chula Vista Tract #92-02A
No. of Pages
Other signatures not acknowledged
1£:,-30
List of Exhibits
Exhibit "A" - Legal Description of McMillin Rolling Hills Ranch Subarea III Neigh. 9A
12
If-a!
EXHIBIT "An
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
LOTS 1,2,3, AND 5 AND A PORTION OF COASTAL HILLS DRIVE OF CHULA VISTA
TRACT NO. 92-02A, ROLLING HILLS RANCH, SUBAREA III "A" MAP, IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. , FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, ON
J:\ENGINEERlLANDDEV\PROJECTS\ROLLING HILLS RANCH\NEIG-IBORHOOD 9A\SSIA RHR N9A MAP - ANAL DRAFT.DOC
13
//. "'.'"
ÎlÇ'::::;":'"
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~o.-- 7. ,~
Ann Moore
City Attorney
Dated: 7- - z. ., - ð' c.f
Amendment to the Rolling Hills Ranch
CVT nO-O2A Desiltation and
NPDES Compliance Agreement
I b-33
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
File No: RH-229G
FIRST AMENDMENT TO THE DESILTATION AND NPDES COMPLIANCE
AGREEMENT
FOR ROLLING HILLS RANCH SUBAREA III,
CHULA VISTA TRACT NO. 92-02A
This first amendment to the Desiltation and NPDES Compliance
Agreement is made this day of , 2004, by and
between THE CITY OF CHULA VISTA, California ("City" for recording
purposes only) and the signatories to this Agreement, McMillin
Rolling Hills Ranch LLC, a California Limited Liability Company
("McMillin" or "Developer"), with reference to the facts set forth
below, which recitals constitute a part of this Agreement:
RECITALS
A. Developer owns approximately 607 acres ("Project") of
that certain real property, as more particularly described in
Exhibit "A" (Property Description), commonly known as Rolling
Hills Ranch Subarea III planned community.
B. On October 6, 1992, the City Council approved a Tentative
Map Tract for Salt Creek Ranch by Resolution No 16934 ("CVT 92-02
Tentative Map" or "Original Tentative Map").
C. On June 13, 2000, the Chula Vista City Council, pursuant
to Resolution No. 2000-190 and in accordance with the California
1
/h-3tf
Environmental Quality Act ("CEQA") (Pub. Resources Code Section
21000 et seq.), adopted the Mitigated Negative Declaration for
Salt Creek Ranch and approved an amendment to conditions 1 and 3.
D. On May 13, 2003 City Council approved an Amending
Tentative Map Tract for Salt Creek Ranch by Resolution No 2003-
199 ("CVT 92-02A" or "Tentative Map").
E. On November 4, 2003 City Council approved the Rolling
Hills Ranch Subarea III (Formerly known as Salt Creek Ranch) CVT
92-02A Desiltation and NPDES Compliance Agreement by Resolution
No. 2003-450 ("ORIGINAL AGREEMENT") ;
F. City of San Diego has approved the first Water Quality
Technical Report in a letter dated October 30, 2003;
G. In January of 2004, the City of San Diego Water
Department published the Source Water Protection Guidelines that
indicated that the first flush was no longer required to be
pumped into Salt Creek; and
H. City of San Diego, in a separate correspondence dated
March 19,2004, has approved a subsequent Water Quality Technical
Report by Hunsaker and Associates dated February 26, 2004 that
supercedes the first report.
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as follows:
I. Delete Sections 1. 3, 2d, 2e, 2f, and 2i of the Original
Agreement and substitute in the place and stead of Section 1.3 the
following new Section 1.3 as set forth below:
1.3
"Water Quality Technical Report" means the Report
Prepared by Hunsaker and Associates Dated February 26,
2004 as amended from time to time to the satisfaction
of the City Engineer.
II. All of the terms and condition of the "Original Agreement"
not modified by this agreement shall remain in full force and
effect.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
2
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[PAGE ONE OF TWO SIGNATURE PAGES TO THE FIRST AMENDMENT TO THE
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR ROLLING HILLS
RANCH SUBAREA III, CHULA VISTA TRACT NO. 92-02A]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed the day and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES]
3
Ib-36
[PAGE TWO OF TWO SIGNATURE PAGES TO THE FIRST AMENDMENT TO THE
IMPROVEMENT AGREEMENT FOR ROLLING HILLS RANCH SUBAREA III, CHULA
VISTA TRACT NO. 92-02A]
DEVELOPERS/OWNERS:
McMillin Rolling Hills Ranch, LLC
A Delaware Limited Liability Company
By:
McMillin Management Services, L.P.
A California limited partnership
Its: Manager
By: Corky McMillin Construction Services, Inc.
A California corporation
It:~: Gen~~
::~: :U::::Ã~~
Its:
.5. V. ?
(Attach Notary Acknowledgment)
4
Iv-37
EXHIBIT "A"
PROPERTY DESCRIPTION
ROLLING HILLS RANCH SUBAREA III (Formerly known as Salt
Creek Ranch) CVT 92-02A
DESILTATION AND NPDES COMPLIANCE AGREEMENT
ROLLING HILLS RANCH SUBAREA III, CVT 92 -O2A, ACCORDING TO MAP
THEREOF NO. 14756, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN DIEGO ON MARCH 24, 2004.
5
I ø - 37
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
}
}ss.
}
On 7/8/04 , before me, Ann M. Futo. Notary Public personally appeared Tom
Tomlinson and Thomas A. Fuller, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~ m '- hJo
!hi, aces '"offioal oo","al ,eal
Title of Document
Date of Document
First Amendment to the Desiltation & NPDES Compliance Aareement for Rollina Hills
No. of Pages
Other signatures not acknowledged
¡~~3Cì
RESOLUTION NO. 2004-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A GRANT OF EASEMENTS
AND MAINTENANCE AGREEMENT BETWEEN MCMILLIN
ROLLING HILLS RANCH, LLC, AND THE CITY OF CHULA
VISTA FOR THE MAINTENANCE OF PUBLIC
RIGHT-OF-WAY WITHIN ROLLING HILLS RANCH
SUBAREA III, NEIGHBORHOOD 9A, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the grant of easements and maintenance agreement sets forth the master
developer's obligation to maintain landscaping and drainage inlets in the public right-of-way;
and
WHEREAS, there are some areas of public right-of-way that will be maintained by the
Home Owner's Association (HOA); and
WHEREAS, the agreement and grant of easements sets forth the obligations of the HOA
in maintaining the public right-of-way; and
WHEREAS, staff believes that the proposed agreement will guarantee the maintenance of
the aforementioned private improvements and recommends Council approval.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Grant of Easements and Maintenance Agreement, between
McMillin Rolling Hills Ranch LLC and the City of Chula Vista for the maintenance of public
right-of-way within Rolling Hills Ranch Subarea III Neighborhood 9A, a copy of which shall be
kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED thàt the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreements for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Dc-. -r. ...J
Jack Griffin
Director of General Services
Ann Moore
City Attorney
!(P-'ô
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
J)- '7. (-1---
Ann Moore
City Attorney
Dated: '1 ' 2-1-I""¡
Grant of Easements and Maintenance Agreement
for Rolling Hills Ranch, Subarea III, Neighborhood 9A,
Chula Vista Tract No. 92-02A
Irb-<fl
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a conveyance to
a public agency for less than a fee interest for
which no cash consideration has been paid or
received.
(ABOVE SPACE FOR RECORDER'S USE)
GRANT OF EASEMENTS, LICENSE AND MAINTENANCE
AGREEMENT
CHULA VISTA TRACT NO. 92-02A
ROLLING HILLS RANCH, SUBAREA III, NEIGHBORHOOD 9A
(DEDICATED EASEMENTS)
This GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT
("Agreement") is made as of this - day of ,200-, by and between the CITY OF
CHULA VISTA, a municipal corporation ("City"), and McMILLIN ROLLING HILLS RANCH, LLC,
a Delaware limited liability company ("McMillin RHR").
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described in Exhibit A attached hereto and incorporated herein
("Property"). The Property is part of a planned residential development project commonly known
as "Rolling Hills Ranch II" (and also referred to as "Rolling Hills Ranch Subarea III"), Chula Vista
Tract No. 92-02A. For purposes of this Agreement, the term "Project" shall refer to the overall Rolling
Hills Ranch II planned development project, including, but not limited to the "Property."
B. McMillin RHR is the Declarant under that certain Master Declaration of Restrictions
For Rolling Hills Ranch II filed or to be filed for record in the Official Records of San Diego County,
California (the "Master Declaration"). The Master Declaration provides for ROLLING HILLS RANCH
II MASTER ASSOCIATION, a California nonprofit mutual benefit corporation ("MHOA") to maintain
certain areas in the Project. Furthermore, one or more sub-associations may be formed ("SHOA")
for a particular project(s) within Rolling Hills Ranch II, the purposes of which would include the
maintenance of certain amenities within the Project over which the SHOA has jurisdiction.
H,IC¡;'ntIM,M;I1;nIRHR II'G=t of E"'m'nU-M'mt.A" 29j",,04. wpd
-1-
Rolling HU¡' R,noh 9A
6/29/04
/b-'lZ
C. The Property is or will become covered by that the certain final map(s) (the "Final
Maps") described on Exhibit "A" attached hereto and referenced in the title to this Agreement.
D. In order for McMillin RHR to obtain the Final Maps and for the City to have assurance
that the maintenance of certain areas within the Project would be provided for, the City and McMillin
RHR entered into a Supplemental Subdivision Improvement Agreementpursuant to the City Resolution,
in which McMillinRHR agreed that maintenance of such areas shall be accomplished by the creation
of a home owners association. The Parcels shown on Exhibit "B" attached hereto describe those
particular areas which were dedicated to the public on one or more of the Final Maps but which include
landscaping and drainage improvements to be maintained by the MHOA. The public areas to be
maintained by the MHOA are collectively referred to as the "MHOA Maintained Public Areas."
E. The City desires to grant to McMillin RHR easements for landscape maintenance
purposes upon, over and across the MHOA Maintained Public Areas as shown on Exhibit "B," in
order to facilitate the obligations of McMillin RHR as set forth in Supplemental Subdivision
Improvement Agreements, adopted pursuant to the City Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as set forth below.
1. Grant of Easements. The City hereby grants to McMillin RHR and its agents, successors
and assigns, non-exclusive easements and rights-of-way over and across the MHOA Maintained Public
Areas for the purpose of maintaining, repairing and replacing landscaping improvements located thereon.
These grants are made without any warranties of any kind, express or implied, other than the warranty
stated in Paragraph 14(f) below.
2.
Maintenance Obli!!ations
(a) McMillinRHR to Initially Maintain. McMillin RHRhereby covenants and
agrees, at its sole cost and expense, to maintain, repair and replace, or cause to be maintained,
repaired or replaced, those improvements within the MHOA Maintained Public Areas which
are described on Exhibit "C" attached hereto, at a level equal to or better than the level of
maintenance which is acceptable to the Director of Public Works Operations, at hislher
discretion and equivalent to City or Community Facilities District maintained right-of-way
facilities. Forpurposes of this Agreement, the term "Maintenance" or "Maintain" shall mean
the maintenance, repair, and replacement obligations described herein and on Exhibit "C"
hereto and shall also include repair and replacement at no cost to the City of any City owned
property that is damaged during performance of the maintenance responsibilities pursuant
to this Agreement. Exhibit "C" also refers to the maintenance responsibilities of the City.
(b) Transfer to MH OA. Upon McMillin RHR's transfer of maintenance obligations
to the MHOA, (i) the MHOA shall become obligated to perform the obligations so transferred,
and (ii) subject to the City determining that the requirements of Paragraph 3 below have been
RIC¡;'n,IM,M;¡¡;nIRHR 1I'G"n< of E",mon"-M,in<.Ag' 29junO4.wpd
-2-
Rolling Hil" Rmh 9A
6/29/04
I h-1.f3
satisfied, McMillin RHR shall be released from such obligation. Transfer ofmaintenance
obligations to the MHOA may be phased (that is, there may be multiple transfers).
McMillinRHRrepresents to City that it intends to, and has the authority to, unilaterally
transfer said maintenance obligations either (i) to the MHOA and that such transfer has been
provided for in the Declaration, and that such document(s) include the provisions described
in Paragraph3(a)(ü) below, or alternatively(ii) to anew homeowners association (the "New
Association") established for maintenance of the open space and thoroughfare median areas
in the Property, and that such transfer shall be provided for in the declaration of restrictions
(the "New Declaration") for the New Association, and that such document(s) shall include
the provisions described in Paragraph 3(a)(ii) below. References below in this Agreement
to the "Association" shall include the New Association and "Declaration" shall include the
New Declaration if McMillin RHR elects to form a new homeowners association for the
Property.
(c) TransferByMHOA. The MHOA shall have the right to transfer Majntenance
obligations to a sub-association ("SHOA") or to the owner of an apartment project
("Transferee"). Upon the MHOA's transfer of Maintenance obligations to a Transferee, (i)
the Transferee shall become obligated to perform the obligations so transferred, (ii) the MHOA
shall retain the right to perform the Maintenance should the Transferee fajl to do so, and (iii)
theMHOA shall be released from the obligations so transferred subject to the City determining
that the requirements of Paragraph 4 below have been satisfied. Although it is possible that
Maintenance obligations might be transferred to an apartment owner, McMillin RHR does
not believe it is likely that Maintenance obligations will be transferred to an apartment owner.
3.
Assil!nment by McMillin RHR and Release of McMillin RHR
(a) Assignment. Upon McMillin RHR's transfer of the Majntenance obligations
to the MHOA, .it is intended by the parties that the MHOA shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release McMillin RHR :fÌ'om its
obligations only if all of the following occur:
(i) MHOA Accepts Oblil!ation. TheMHOAhas unconditionally accepted
and assumed all ofMcMillinRHR's obligations under this Agreement in writing, such
assigrunent provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of McMillin RHR
under this Agreement. The assigrunent shall also have been approved by the appropriate
governing body of the MHOA by resolution or similar procedural method and approved
as to form and content by the City Attorney. The City shall not unreasonablywithhold
its consent to such assigrunent.
(ii) MHOA's Declaration. The City has confirmed that there have been no
modifications to the recorded Declaration previously approved by City, to any of the
following provisions: the MHOA shall be responsible for the maintenance of the MHOA
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Maintained Public Areas, the MHOA shall indemnify City for all claims, demands,
causes of action, liability or loss related to or arising tfom the maintenance activities,
and the MHOAshall not seek to be released by City tfom the maintenance obligations
ofthis Agreement, without the prior consent of City and one hundred percent (1 00%)
of the holders of first mortgages or owners of the Property.
(iii) MHOA Insurance. The MHOA procures and formally resolves to
maintain at its sole cost and expense, commencing no later than the City's release of
all of McMillin RHR's landscape maintenance bonds, a policy of public liability
insurance which at least meets the requirements of Section 5.1 (a) of the Master
Declaration which reads as follows:
(a)
General Liability Insurance. The Master Association
shall obtain a comprehensive general liability and
property damage insurance policy insuring the Master
Association and the Owners against liability incident
to ownership or use of the Master Association Property.
The limits of such insurance shall not be less than
$3 Million covering all claims for death, personal injury
and property damage arising out of a single occurrence.
The insurer issuing such insurance shall have rating by
A.M. Best of "A, Class V" or better with no modified
occurrences and as admitted by Best's Insurance Guide.
Such insurance shall include the following additional
provisions provided they are available on a
commercially reasonable basis:
(i)
The City of Chula Vista shall be named as an
additionally insured party to such insurance pursuant
to the City's requirements the Master Association do
so;
(ii)
The policy shall not contain a cross-suit exclusion
clause which would abrogate coverage should litigation
ensue between insureds;
(iii)
The policy shall contain the following severability
clause (or language which is substantially the same):
"The coverage shall apply separately to each insured
except with respect to the limits of liability."
This Section 5.1(a) may not be amended without the written consent
of the City Planning Director or City Attorney.
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The MHOA shall provide the City with a Certificate of Insurance upon acceptance
of the transfer of the Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 3(a) are fulfilled,
McMillinRHR shall be released ITom its obligations under this Agreement, including its security
and insurance requirements. McMillinRHR acknowledges that it has a contractual obligation
to perform the terms and conditions of this Agreement until and unless released by the City
ITom this Agreement. At least six ty (60) days priorto such transfer, McMillin RHR shall give
a notice to the City of McMillin RHR's intent to transfer its Maintenance obligations herein
and provide the City with the appropriate documents listed in Paragraph 3(a).
4.
Assignment by MHOA and Release of MHOA.
(a) Assignment. Upon MHOA's transfer of the Maintenance obligations to a
Transferee, it is intended by the parties that the Transferee shall perform the Maintenance
obligations either itself or by contractors. Such transfer will release the MHOA ITom its
obligations only if all of the following occur:
(i) Transferee Accepts Obligation. The Transferee has unconditionally
accepted and assumed all of the MHOA's obligations under this Agreement in writing,
such assignment provides that the burden of this Agreement remains a covenant running
with the land, and the assignee expressly assumes the obligations of the MHO A under
this Agreement. If the Transferee is an SHOA, the assignment shall also have been
approved by the appropriate governing body of the SHOA by resolution or similar
procedural method and approved as to form and content by the City Attorney. The
City shall not unreasonably withhold its consent to such assignment.
(ii) SHOA's Dec1arationofRestrictions. If the Transferee is an SHOA, the
City has reviewed and approved the SHOA's recorded Declaration of Restrictions to
confirm that said document contains appropriate maintenance and insurance provisions.
(iii) SHOA Insurance. The Transferee procures and formally resolves to
Maintain at its sole cost and expense, a policy of public liability insurance which meets
the requirements set forth in Paragraph 3 (a) (ill) above. The SHOA shall provide
the City with a Certificate of Insurance upon acceptance of the transfer of the
Maintenance obligations herein.
(b) Release. When all conditions precedent in Paragraph 4(a) are fulfilled, the
MHOA shall be released ITom its obligations under this Agreement, including its security and
insurance requirements. At least sixty (60) days prior to such transfer, MHOA shall give notice
to the City of MHO A's intent to transfer its Maintenance obligations herein and provide the
City with the appropriate documents listed in Paragraph 4(a).
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5. McMillinRHR'sInsurance. Until such time as theMHOAhas obtained the general
liability insurance required by Section 5.1 (a) of the Declaration, McMillin RHR agrees to procure
and formally resolves to maintain at its sole cost and expense, commencing no later than the date that
the landscape architect of record has submitted a letter of substantial conformance pertaining to work
being completed to the General Services Department and the General Services Department Director
or his designee has deemed the work complete and satisfactory, a policy of public liability insurance
that would include, but is not limited to the following:
General Liabilitv Insurance. McMillin RHR shall obtain a comprehensive general liability
and property damage insurance policy insuring McMillin RHR against liabilityincidentto ownership
or use of the Property. The limits of such insurance shall not be less than $3 Million covering all
claims for death, personal injury and property damage arising out of a single occurrence. The insurer
issuing such insurance shall have rating by A.M. Best "A, Class V" or better with modified occurrences
and as admitted by Best's Insurance Guide. Such insurance shall include the following additional
provisions provided they are available on a commercially reasonable basis:
(i)
The City ofChula Vista shall be named as an additionally insured party to such
insurance pursuant to the City's requirements McMillin RHR do so;
(ii)
The policy shall not contain a cross-suit exclusion clause which would abrogate
coverage should litigation ensue between insureds and;
(iii)
The policy shall contain the following severability clause (or language which
is substantially the same): "The coverage shall apply separately to each insured
except with respect to the limits ofliability."
McMillin RHR shall provide the City with a Certificate of Insurance upon procurement of the policy
as set forth above.
6. Indemnitv. McMillinRHR shall defend, indemnify and hold harmless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to persons or property,
costs including attorney's fees, penalties, obligations, errors, omissions, demands, liability, or loss
of any sort (herein " claims or liabilities"), that may be asserted or claimed by any person, firm, or
entity because of or arising out of or in connection with the use, maintenance, or repair of the MHOA
Maintained Public Areas. McMillin RHR shall not have any liability under this section by reason
of the Transferee's failure to maintain.
7. Indemnity If Transferee. The document whereby McMillin RHR transfers a
Maintenance obligation to a Transferee shall be signed by both McMillin RHR and the Transferee
and shall set forth an express assumption of Maintenance and other obligations hereunder and shall
include the following indemnification provision:
Indemnitv. The Transferee shall defend, indemnify, and hold harmless the City, its
officers, agents and employees, from any and all actions, suits, claims, damages to
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persons or property, costs including attorney's fees, penalties, obligations, errors,
omissions, demands, liability, or loss of any sort (herein "claims or liabilities"), which
result from the Transferee's failure to comply with the requirements ofthe obligations
transferred hereby to Transferee. Transferee shall not have any liability under this
Indemnity by reason of another party's failure to maintain. It is specifically intended
that the City shall have the right to enforce this Indemnity. This Indemnity may not
be amended without the written consent of the City Director of Planning and Building
or City Attorney.
8. Agreement Binding Upon Any Successive Parties. This Agreement shall be binding
upon McMillin RHR and any successive Declarant under the Declaration. This Agreement shall be
binding upon MHOA and any Transferees upon transfer of maintenance obligations to the MHOA
or Transferee, respectively. This Agreement shall inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property.
9. Agreement Runs With the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit ofthe Property and the City, its successors and assigns, and
any successor-in-interest thereto. The City is deemed the beneficiary of such covenants for and in
its own right and for the purposes of protecting the interest of the co=unity and otherparties, public
or private, in whose favor and for whose benefit such covenants running with the land have been
provided, without regard to whether the City has been, remained or are owners of any particular land
or interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
10. Governinl! Law. This Agreement shall be governed and construed in accordance with
the laws of the State of California.
11. Effective Date. The terms and conditions of this Agreement shall be effective as of
the date this Agreement is recorded in the Official Records of the San Diego County Recorder's Office.
12. Countel1'arts. This Agreement may be executed in any number of counterparts, each
of which shall be original and all of which shall constitute one and the same document.
13. Recording. The parties shall cause this Agreement to be recorded in the Official Records
of the San Diego County Recorder's Office within thirty (30) days after this Agreement has been
approved by the City Council.
14.
Miscellaneous Provisions.
(a) Notices. Unless otherwise provided in this Agreement or bylaw, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
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party shall be in writing and shall be deemed duly served, delivered and received when
personally delivered to the party to whom it is directed or, in lieu thereof, when three (3)
business days have elapsed following deposit in the United States mail, certified orregistered
mail, return receipt requested, first-class postage prepaid, addressed to the address indicated
in this Agreement. A partymaychange such address for the purpose of this Paragraph by giving
written notice of such change to the other party.
If To City:
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula Vista, CA 91910
Attn: City Engineer
If To McMillin RHR.:
McMILLIN ROLLING HILLS RANCH, LLC
2727 Hoover Avenue
National City, California 91950
Attn: Project Manager
(b) Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
(c) Entire Agreement. This Agreement, together with any other written document
referred to herein, embody the entire agreement and understanding between the parties regarding
the subject matter hereof, and any and all prior or contemporaneous oral or written
representations, agreements, understandings and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other agreement between the parties
unless expressly noted.
(d) Recitals; Exhibits. Any recitals set forth above and any attached exhibits are
incorporated by reference into this Agreement.
(e) Compliance With Laws. In the performance of its obligations under this
Agreement, McMillinRHR., its agents and employees, shall comply with any and all applicable
federal, state and local rules, regulations, ordinances, policies, permits and approvals.
(f) Authority of Signatories. Each signatory and party hereto hereby warrants
and represents to the other party that it has legal authority and capacity and direction from
its principal to enter into this Agreement, and that all resolutions and/or other actions have
been taken so as to enable said signatory to enter into this Agreement.
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(g) Modification. This Agreement may not be modified, terminated or rescinded,
in whole orin part, except by written instrument duly executed and acknowledged by the parties
hereto, their successors or assigns, and duly recorded in the Official Records of the SanDiego
County Recorder's Office.
(h) Severability. If any term, covenant or condition of this Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, or the application of such term, covenant
or condition to person or circumstance, shall not be affected thereby and each term, covenant
or condition shall be valid and be enforced to the fullest extent permitted by law.
(i) Preparation of Agreement. No inference, assumption or presumption shall
be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement.
It shall be conc1usivelypresumed that both parties participated equally in the preparation and/or
drafting of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first set forth above.
CITY OF CHULA VISTA, a municipal corporatio~
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
By:
Ann Moore, City Attorney
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McMILLIN ROLUNG HILLS RANCH, LLC, a
Delaware limited liability company
By: McMillin Management Services, LP.
a California limited partnership, Manager
By: Corky McMillin Construction Services, Inc. ,
a California corporation, General Partner
By ~- i-~
Title . P.
By~A.a~
Title $.. V. P.
STATE OF CALIFORNIA
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) ti7lare subscribed to the within instrument and acknowledged to me that~/they
executed the same in hiMer/their authorized capacity(ies), and that by his.lftef/their signature(s) on
the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
s~Wreau~
r-"'~ -"J'<,,- ---
~ ANN M. FUTÓj
~ COMM.# 1289207 z
Z NOTAAY PUBlIC-CALIFOANIA (J)
SAN DIË(JQ COUNTY :<
MY COMMISSION exp,"Es JAN '. """ -
(Seal)
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STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN DIEGO
On ,200_, before me,
Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis ofsatisfuctory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on
the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
(Seal)
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EXHIBIT "A"
Leeal Description
Lots - through -' inclusive, of Chula Vista Tract No. 92-02A
Rolling Hills Ranch Subarea llINeighborhood 9A, in the CityofChula
Vista, County of San Diego, State of California, according to Map
thereofN o. , filed in the Office of the County Recorder
of San Diego County, ,200_.
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EXHIBIT "B"
CHULA VISTA TRACT NO. 92-02A
ROLLING HILLS RANCH
NEIGHBORHOOD 9A
SHEET 1 OF' 4
. HUNSAKER
~ :'-~~~~ YES
0 500 1000 1500
r--..-- I
SCALE '"=500'
~
\
~
~ HOA MAINTAINED
PARKWAY RIGHT OF WAY
P!ANNINC 1OV'J """"""'" ,-
"""'EllING Son o;,¡o. Co "'"
SU<VFtING "'-'S&-4S00. FX(8so)s...""
"""""1_'- ,..., -.r EX 51fT .'.JJrrrJ{ "15}Nn-3IJ-2OOf"o-.!!Il - Woo-. I/HI""
SH££T2OF4
EXHIBIT "B"
CHULA VISTA TRACT NO. 92-02A
ROLLING HILLS RANCH
NEIGHBORHOOD 9A
71
MORNING
CREEK
66
67
. HUNSAKER
~ ~~~9~~ TES
.,...."" .........- .....
ENGNElI"" Son""'" Ca 'IZU1
""'YEYlNC PH(O58)s5&4SOO. FX(8S8)558-""
10\_\_.'""-"",........,,, !IHr".I1fIfJ( "75~2004"""'" - w.d '94HI/
0 100 200 300
r--....-- I
SCALE 1"=100'
~
I
~
.....
70
69
~ HOA MAINTAINED
PARKWAY RIGHT OF WAY
Lo-r NQN
MAP No, 14758
. HUNSAKER
~ ~~9f~ TES
EXHIBIT "B"
CHULA VISTA TRACT NO. 92-02A
ROLLING HILLS RANCH
NEIGHBORHOOD 9A
36
SHEET .J OF 4
0 100 200 300
~"".... I
SCALE 1"=100'
40 \ \ \ 28 I I 98
\ \ ----1
I
29 (")
41 \ tì:\ \ 34 \ I ~ I 97
~
30 .~
-..0
I-n
I
~
.........
93
44
~ HOA MAINTAINED
PARKWAY RIGHT OF WAY
PIN<NIN(; """..........,-
EN<INÐIJNG Son ...... Co 92121
'"",""N<; _""SOO.fX(øso)5s0.1414
1t"""'I_""" f'VR /lWrf](!iHTDJJJIWJ( ,m}lw>-Jo-JIOO4",.œ - ~o. 'H'....,
EXHIBIT "B"
CHULA VISTA TRACT NO. 92-02A
ROLLING HILLS RANCH
NEIGHBORHOOD 9A
SHŒT4OF4
0
100
200
300
. HUNSAKER .
~ ~~~~~ T£S
~-~
SCALE 1"=100'
LO} HAA H
MAp No. 14758
I'
\()
\
~
--.....
'~"
E:2d HOA MAINTAINED
PARKWAY RIGHT OF WAY
PWINING ""'" .......... S....
IN""""'" Son ...... C. 92121
SUlYEYING _. FX(os8)....1414
"\"""\-IIÐO "'" IoIHNT EX "'" ".fJIIfi( "TO}Jun-JD-_"..O2 - w.a ""-41
EXHIBIT "B-1"
LEGAL DESCRIPTION
LAKE HOUSE PLACE
A 10.00 FOOT WIDE STRIP OF LAND WITHIN THAT PORTION OF LAKE HOUSE PLACE
DEDICATED PER CHULA VISTA TRACT NO. 92-02A, ROLLiNG HILLS RANCH, SUBAREA
III, NEIGHBORHOOD 9A, ACCORDING TO MAP THEREOF NO. , FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY
, 2004 LYING ADJACENT TO AND ADJOINING LOT "0" OF
CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH, SUBAREA III, "A" MAP,
ACCORDING TO MAP THEREOF NO. 14756, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY MARCH 24, 2004.
OVERLOOK PLACE
A 10.00 FOOT WIDE STRIP OF LAND WITHIN THAT PORTION OF OVERLOOK PLACE
DEDICATED PER SAID MAP NO. ------ LYING ADJACENT TO AND ADJOINING
LOT "R" OF CHULA VISTA TRACT NO. 92-D2A, ROLLING HILLS RANCH, SUBAREA III, "A"
MAP, ACCORDING TO MAP THEREOF NO. 14756, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY MARCH 24, 2004.
BUTTERFLY COURT
A 10.00 FOOT WIDE STRIP OF LAND WITHIN THAT PORTION OF BUTTERFLY PLACE
DEDICATED PER SAID MAP NO. LYING ADJACENT TO AND ADJOINING
LOT "AA" OF CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH, SUBAREA III, "A"
MAP, ACCORDING TO MAP THEREOF NO. 14756, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY MARCH 24, 2004.
PAGE 1 OF 1
:DS M:\1941\OB1\Legal Oescriptions\AO1 HOA MAl NT DOC.doc
WO 1413-46 6/30/04 I ~ -5'i1
EXHIBIT "C"
Maintenance ResDonsibilities
City of Chula Vista
Area HOA Maintenance Maintenance
Parkways within those Landscaping in the parkways Maintenance of curb, gutter,
portions ofthose public road including irrigation, trimming sidewalks and pavement.
shown on Exhibit "B." and pruning of trees, and
maintenance and irrigation of
turf areas.
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CIPY'OP CHVL/l <VIS'T/l
Human Relations Co=ission
July 14, 2004
JUL 1 9 2004
The Honorable Mayor and City Council
276 Fourth Ave.
Chula Vista, CA 91910
,------':~:~.L:~.
I
I
____.1
Dear Mayor and City Council:
The Human Relations Commission (HRC) for the City of Chula Vista has selected a
reci ient for the Civic Award. We forward this notice to you as an informational item and
with a fo r . n that the information be laced on the Council's enda and
read into the minutes at an upcoming meeting. Formal presentation to the recipient is not
necessary.
Ms. Joyce ScuIark, former administrative secretary to the Commission, was selected to
receive the City's Civic Award. The HRC sincerely believes that Ms. Sculark made a
substantial contribution during her tenure with the Commission. In comparison to recent
years, the Commission made tremendous strides forward in conducting its activities and
programs and Ms. Sculark was instrumental in these efforts. She began her service with the
Commission in 2000.
Ms. ScuIark al",qys exhibited the highest of professional standards and expressed a genuine
care and concern for the work the Commission was charged to undertake. For these, and
other, reasons the HRC unanimously endorses Ms. Sculark's selection.
We welcome your concurrence and ask for your assistance in recognizing and honoring the
awardee whose interests and efforts with the Commission centered on making Chula Vista a
co=unity that cares about its citizens-encouraging respect and support for all.
Sincerely, ;)
~~ ~ONS COMMISSION () '. t, ~
AnthonyJ.Jemison ~ J~/
Chili Yø)
276 Fourth Avenue
Chula Vista, California 91910
/gÆ
Headquûrtm
1400 K STREET
SACRAMENTO, CA 95814
PH,(916) 658-8200
Ex, (916) 658-8240
Sout}""" Czlifôrniû Ofliœ
602 East HuntingtOn Q¡.":¡",,c;..1 V E D
Montovla,CA91016 11t,1,,;t,
PH' (626) 305-1315
Ex, (626) 305-134~
J1 12 A9 :59
~~LEAGUE
~ Of CALIFORNIA
CITIES
WWW.CAClTIE5.QRG
CITY OF CHULA VISTA
CITY CLERK'S OFFICF
June 30, 2004
To:
The Honorable Mayor and City Council
From:
Ron Loveridge, League President, Mayor, Riverside
Re:
Designation of Voting Delegate for 2004 League Annual Conference
The League's 2004 Annual Conference is scheduled for Friday. September 17 throueh Sunday.
September 19 in Lone Beach. One very important aspect of the annual conference is the
annual business meeting where the membership takes action on conference resolutions.
Annual conference resolutions guide cities and the League in our efforts to improve the quality,
responsiveness and Yitality of local government in California. It is important that all cities be
represented at the Annual Business Meeting on Sunday, September 19, at 10:15 a.m. at
the Long Beach Convention Center.
To expedite the conduct of business at this important policy-making meeting, each city council
should designate a voting representative and an alternate who will be registered at the
conference and present at the Annual Business Meeting. A voting card will be given to the city
official that is designated and indicated on the enclosed "Voting Delegate Form."
Please complete and return the enclosed form to the League's Sacramento office at the earliest
possible time (not later than Friday, August 20, 2004), so that proper records may be
established for the conference.
The city's designated voting delegate may pick up the city's voting card at the Voting Card desk
located in the League registration area. The Desk will be open on September 17,18, and 19.
Voting cards should be picked up before the Annual Business Meeting on September 19,
The voting procedures to be followed at this conference are printed on the reverse side of this
memo.
Your help in returning the attached "Voting Delegate Form" as soon as possible is appreciated.
If you have any questions, please call Lorraine Okabe at (916) 658-8236.
/88 -I
2.
4.
~ ~f~~~)¿~
CITIES
Annual Conference Voting Procedures
1.
Each member city has a right to cast one vote on matters pertaining to League
policy.
To cast the city's vote, a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee.
3.
Prior to the Annual Conference, each city should designate a voting delegate and
an alternate and return the Voting Delegate Form to the League Credentials
Committee.
The voting delegate, or alternate, may pick up the city's voting card at the voting
card desk in the conference registration area.
5.
Free exchange of the voting card between the voting delegate and alternate is
permitted.
6.
If neither the voting delegate nor alternate is able to attend the Business Meeting,
the voting delegate or alternate may pass the voting card to another official from
the same city by appearing in person before a representative of the Credentials
Committee to make the exchange. Prior to the Business Meeting, exchanges may
be made at the "Voting Card" table in the League Registration Area. At the
Business Meeting, exchanges may be made at the "Voting Card" table in the front
of the meeting room. Exchanges may not be made while a roll call vote is in
progress because the Credentials Committee will be conducting the roll call.
7.
Qualification of an initiative resolution is judged in part by the validity of signatures.
Only the signatures of city officials who are authorized to use the city's voting
card, and who have left a sample of their signature on file for the Credentials
Committee, will be approved.
8.
In case of dispute, the Credentials Committee will determine the right of a city
official to vote at the Business Meeting.
If8-Z
CITY OF CHULA VISTA
MAYOR/COUNCIL
Metno
To: Lottaine Bennett, Deputy City Clerk
From: Anne L Harrison, Constituent Services Manager
Date: 7/9/2004
Re:
Appointment to the Veterans Advisory Commission
Mayor Stephen Padilla would like to appoint Ms. Sherry Strothers to the Vetemns Advisory
Commission to fill the vacancy of Mr. William Keith. Please place this on the!i\~¥;~r
Council agenda fur ratification. If you have any questions, please contact me at x5812 Thank you
for your assistance.
~1v.W~~
Anne L Harrison
Constituent Services Manager
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. Page 2
/.PC -I
CITY OF CHULA VISTA
MAYOR/COUNCIL
Metno
To: Lorraine Bennett, Deputy Gty Oerk
From: Anne L. Hatrison, Constituent Services Manager
Date: 7/9/2004 .
Re:
Appointment to the Safety Commission
Mayor Stephen Padilla would lilre to appoint Mr. Majed Al-Ghafi:y to the Safety Commission to fill
the vacancy of Harriet Acton. Please place this on th~~'Council agenda for ratification.
If you have any questions, please contact me at x5812. Thank yo~ur assistance.
Il .' ~,'S ",P(
lJAA<L L 1/ ~
Anne L. Hatrison
Constituent Services Manager
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CITY OF CHULA VISTA
MA VOR/COUNCIL
Metno
To: Lotraine Bennett, Deputy City Oerk
From: Anne L. Hamson, Constituent Services Manager
Date: 7/13/2004
Re:
Appointtnent to the Youth Advisory Commission
Mayor Stephen Padilla would like to appoint the following students to the Youth Advisoty
Commission. Please place on the City CoWlcil agenda forll~ for ratification:
~.-a~.
Gabrielle Longo - Eastlake High School (11'" grade)
Seok-Ik Go (Danny Go - Eastlake High School (11'" grade)
Ploy Ledesma - Otay Ranch High School (11 '" grade)
Bianca Brodbeck - Bonita Vista High School (9'" grade)
~L,II~
Anne L. Hamson
Constituent Services Manager
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. Page 2
1i!1E-1
CITY OF CHULA VISTA
MAYOR/COUNCIL
Memo
To: Lottaine Bennett, Deputy City Cletk
From: Anne L Harrison, Constituent Services Manager
Date: 7/22/2004
Re:
Appointments to the C!úld Care Commission
Mayor Stephen Padilla would like to recommend the following community members to fill two of
the vacanåes on the Cbild Care Commission:
Camille Cowlishaw (replace Radichel)
Stacey Stevenson (replace Lambert)
Henry Cross (replaceMcCann)
Please place this on the August 3 2004 Council agenda for ratification. If you have any questions,
please contact me at x5812. Thank you fur your assistance.
~ . f!~~
Anne L Harrison
Ök'
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ì'Z~'D:t
Constituent Services Manager
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MEMORANDUM
MA YORjCITY COUNCIL OFFICE
DATE:
TO:
July 13, 2004
Lorraine Bennett, Deputy City Oerk
FROM:
SUBJECI':
Anne Harrison, Constituent Services Manager
Board; Committee; Commission Reappointments
Mayor Stephen Padilla would like to reappoint the following Commissioners to a second
term, and those who have filled vacancies and wish to begin a first, full..term. Please
place on the City Counål agenda for ~~ for ratification:
Appointment to a ~:-rm beszinninsz July 2004:
Commission on Aging
Steve Palma
Board of Appeals & Advisors
Edward Nagorski
Mark Croshier
Charter Review Commission
Civil Service Commission
Simòn Silva
Cultural Arts Commission
Arthur Triplette Jr.
Christopher Redo
Civil Service Commission
Design Review Committee
Jose Alberdi Jr.
Rudy RanUrez
Board of Ethics
Growth Management Oversight Comm
Michael Spethman
Human Relations Commission
Samuel Avalos
Human Relations Commission
Edna Concepcion
Yolanda Ramos
Parks & Recreation Commission
Resource Conservation Commission
Stanley Jasek
A.Y. Casillas
Veterans Advisory Commission
/ fIr;, - I
Board/Committee/Commission Reappointments
Page 2
06/14/2004
COMMISSIONERS WHO HAVE SERVED LESS THAN TWO YEARS TO REPLACE
VACANT POSmONS FOR TERMS THAT EXPIRE ON JUNE 30, 2004, AND WHO ARE
BEING RECOMMENDED FOR A FIRST FULL-TERM:
Cultural Arts Commission
Diannah Smith
Growth Management Oversight Commission
David Krogh
*Housing Advisory Commission
Steven Zasueta
(Ex-Officio)
Nature Center Board of Trustees
Susan Fuller
Nature Center Board of Trustees
Floyd Wergeland, Dr.
Bryan Felber
Planning Commission
Town Centre Project Area Committee
Clarke Denruson
Town Centre Project Area Committee
Sharon Floyd
~ ~ . 'II Wvu/J pú
Anne Harrison
Constituent Services Manager
MayorjOty Council Office
1.2G;-2