Loading...
HomeMy WebLinkAboutAgenda Packet 1998/10/27 "I declara tlndar panalty 01 parjury that I am employed by the City of Chu!a Vista in the Office of the City Clerk and that I pC3~ed Tuesday, October 27, 1998 this Agenda/Notice on tho Bulletin Board at Council Chambers the Public S vic s Building an at it Hal 6:00 p.m. DATED /~..v.- ?SIGNED "Public Services Building CALL TO ORDER 1- ROLL CALL: Councilmembers Moot_, Padilla_, Rindone_, Salas_, and Mayor Horton_. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: A. Gary Boutin, Board Member, Friends of the Arts, will introduce Diana Pearson and Johnathan Hammer who will present Allegro Con Gusto, a flute duet under the direction of Winona Grant. B. Proclamation commending Hilltop Middle School. Mayor Horton will present the proclamation to Hector Espinoza, Principal, and Jennifer Mojica, Counselor. C. Welcome and introduction of David Greenburg, Chief of the South Bay Branch of the District Attorney's Office. D. Presentation to the Chief of Police for outstanding contribution and dedication to the Department of Alcoholic Beverage Control's GALE (Grant Assistance to Local Law Enforcement) project in Chula Vista. A plaque will be presented by Supervisor Robin Crabb from the Department of Alcoholic Beverage Control. CONSENT CALENDAR (Items 5 through 16) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public, or City stoff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: A. Letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on October 20, 1998, that there were no actions taken which are required under the Brown Act to be reported. It is recommended that the letter be received and filed. B. Letter from Andy Schooler, Del Mar City Council, requesting that the City make a contribution to Crime Stoppers. It is recommended that a one time $500 donation be made to Crime Stoppers from the Police Department's Crime Prevention Account 100-1070-5344. - Agenda -2- October 27, 1998 6. ORDINANCE 2761 ESTABLISHING A 45 MPH SPEED LlMIT ON OTAY VALLEY ROAD BETWEEN SPYGLASS HILL ROAD AND THE SOUTH CITY LIMITS, AND ADDING TIDS ROADWAY SEGMENT TO SCHEDULE X OF A REGISTER AS MAINTAINED BY THE CITY ENGINEER (first readißl!) - Based on the provisions of the California Vehicle Code Section 40803, and pursuant to authority under the Municipal Code Section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Otay Valley Road between Spyglass Hill Road and the south City limits, be established at 45 mph. Staff recommends Council place the ordinance on first reading. (Director of Public Works) 7. ORDINANCE 2762 ESTABLISHING A 45 MPH SPEED LlMIT ON OTAY VALLEY ROAD BETWEEN THE EAST END OF THE MEDIAN ISLAND (.5 MILES EAST OF NIRVANA A VENUE) AND SPYGLASS HILL ROAD, AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X OF A REGISTER AS MAINTAINED BY THE CITY ENGINEER (first readißl!) - Based on the provisions of the California Vehicle Code Section 40803, and pursuant to authority under the Municipal Code Section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Otay Valley Road between the east end of the median island (.5 miles east of Nirvana Avenue) and Spyglass Hill Road, be established at 45 mph. Staff recommends Council place the ordinance on first reading. (Director of Public Works) 8. ORDINANCE 2763 ESTABLISHING A 50 MPH SPEED LIMIT ON OTAY VALLEY ROAD BETWEEN NIRVANA AVENUE AND THE EAST END OF THE MEDIAN ISLAND (.5 MILES EAST OF NIRVANA A VENUE) AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X OF A REGISTER MAINTAINED BY THE CITY ENGINEER (first readißl!) - Based on the provisions of the California Vehicle Code Section 40803, and pursuant to authority under the Municipal Code section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Otay Valley Road between Nirvana Avenue and the east end of the median island (.5 miles east of Nirvana Avenue) be established at 50 mph. Staff recommends Council place the ordinance on first reading. (Director of Public Works) 9. RESOLUTION 19229 ACCEPTING BIDS AND AWARDING CONTRACT FOR STREET REPAIRS AT THE INTERSECTION OF MALTA AVENUE AND MYRA COURT AND ANR.V. PARKING LOT OFF OF WALNUT DRIVE IN THE AMOUNT OF $42,745.00 TO FRANK AND SON PAVING, INC. AND APPROPRIATING FUNDS - On September 21, 1998, informal bids were received to reconstruct the intersection of Malta Avenue and Myra Court and a R.V. storage lot off of Walnut Drive. The work is needed to repair damage to the intersection and R.V. storage lot as a result of repairing the failed storm drain at that location. Staff recommends approval of the resolution. (Director of Public Works) 4/5th's vote required. Continued from the meetim! of October 20. 1998. 10.A. RESOLUTION 19234 APPROVING FINAL MAPS OF TRACT NUMBER 96-04, OT A Y RANCH, VILLAGE ONE, NEIGHBORHOODS R-l, R-2, R-4, AND R-5; ACCEPTING ON BEHALF OF THE CITY GENERAL UTILITY AND ACCESS EASEMENTS AND WALL EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS - The tentative map for Otay Ranch, Village 1, and a portion of Village 5, was approved by Council on November 19, 1996. Council will consider the approval of four Final "B" Maps within Village 1, together with the associated agreements for the "B" Maps. Neighborhood R-3, which was the first Final "B" Map for Otay Ranch, Village I, was approved on October 6, 1998, along with the Supplemental Subdivision Improvement Agreement executed specifically for the first Final "B" Map. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 19235 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NUMBER 96-04, OTAY RANCH, VILLAGE ONE, NEIGHBORHOODS R-l, R-2, R-4, AND R-5 REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBER 18398 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Agenda -3- October 27, 1998 II. RESOLUTION 19236 WAlVlNG CONSULTANT SELECTION PROCESS AND APPROVING CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE YOUTH COUNSELING - Since fiscal year 1985/86, South Bay Community Services has provided the City with juvenile counseling services. The contract formally continues those services to be provided which includes a Youth Counseling Program, a Runaway Juvenile Case Management and Homeless Youth Outreach Program. The proposed contract will expire on June 30, 1999, and may be extended an additional four years upon mutual agreement. Staff recommends approval of the resolution. (Chief of Police) 12. RESOLUTION 19237 APPROVING APPROPRIATION OF UNANTICIPATED REVENUES IN THE AMOUNT OF $4,335 FROM PEACE OFFICERS STANDARDS AND TRAlNlNG (P.O.S. T.) FOR A TEAM BUILDING WORKSHOP FOR MANAGEMENT MEMBERS OF THE POLICE DEPARTMENT - The Police Department is experiencing some growth and facing new challenges. Recently the department has experienced a significant rate of departmental upper management retirements. With recent promotions to fill those positions, staff has identified the need to participate in a team building workshop. The Peace Officers Standards and Training has approved reimbursement to the Police Department for the cost of the workshop. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. 13. RESOLUTION 19238 ACCEPTING DONATIONS AND APPROPRIATING SAID DONATED FUNDS TO BE USED TO PURCHASE ANIMAL CONTROL SUPPLIES AND EQUIPMENT - The Animal Shelter received donations of $2,747, over $1,300 worth of dog and cat food, and over $5,000 in cat cages and dog beds. Staff recommends approval of the resolution. (Chief of Police) 4/5th's vote required. 14. RESOLUTION 19239 RATlFYlNG A CHANGE IN THE SPENDING ALLOCATION PLAN FOR THE PROPOSED ONE QUARTER OF A CENT SALES TAX FOR LIBRARIES AND APPROPRIATING $94,099 FROM AN AVAILABLE FUND BALANCE TO PAY FOR CHULA VISTA'S ESTIMATED COST OF THE MARCH 2, 1999 SPECIAL ELECTION FOR SAID SALES TAX MEASURE - At the October 7, 1998 meeting of the Regional Library Authority, the Mayor made a minor change to the wording of the City's spending plan. In addition, the Authority was notified that each member jurisdiction would be responsible for its proportional share of the $1.775 million dollar cost of the special March 2, 1999 election. Chula Vista's share is $94,099. Staff recommends approval of the resolution. (Library and Recreation Director) 4/5th's vote required. 15. RESOLUTION 19240 APPROVING AN AGREEMENT WITH TRIMARK PACIFIC-SAN MIGUEL LLC AND WILLDAN ASSOCIATES FOR PREPARATION OF A PUBLIC FACILITIES FINANCING PLAN AND FISCAL IMPACT ANALYSIS FOR THE SAN MIGUEL RANCH SECTIONAL PLANNING AREA PROJECT - On December 18, 1997, Trimark Pacific-San Miguel LLC and the City entered into an agreement to process the San Miguel Ranch SPA Plan application, which has been submitted and is currently under review. The City's Growth Management Ordinance requires the approval of a Public Facilities Financing Plan and Fiscal Impact Analysis (PFFP/FIA) in conjunction with the SPA plan. Staff recommends approval of the resolution. (Director of Planning and Building) 16. REPORT ANNUAL FISCAL STATUS REPORT FOR FISCAL YEAR 1997/98 AND QUARTERLY FISCAL STATUS REPORT FOR THE FIRST QUARTER OF FISCAL YEAR 1998/99 - In accordance with Charter Section 504(t), a report covering the final results of fiscal year 1997/98 and the first quarter of fiscal year 1998/99 is before Council for consideration. Staff recommends Council accept the report. (Director of Finance) · · · END OF CONSENT CALENDAR · · · ". . .'.1....... ...'......"'.,'1..... ITI .....-71-..... ....,,,.... '-...J..-:7I-.U~ ...'-JOI..'-'IUr..n..... 1111.11... '-JOr ....1.1r...I'Iun'J.ßl... ~ . u Agenda -4- October 27. 1998 ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council'sjurisdiction that is not an item on this agenda/or public discussion. (State law, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the "Request to Speak Under Oral Communications Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please.fill out the "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. 17. REPORT CONSIDER CERTIFYING THE FINAL OT A Y RANCH AMENDED SPA ONE PLAN SECOND-TIER ENVIRONMENTAL IMPACT REPORT, FINDINGS OF FACT, STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING PROGRAM AS COMPLYING WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT - On August 26, 1998, the Planning Commission closed the public hearing and public review period and directed staff to prepare the Final EIR on the SPA One Plan amendments with Response to Comments, Mitigation Monitoring Program, Findings of Fact, and Statement of Overriding Considerations. On October 21, 1998, the Planning Commission certified the Final EIR as complying with CEQA. Staff recommends this item be continued to the meetißl! of November 3. 1998. (Director of Planning and Building) This is a related item. but does not reouire a Dublic hearint!. 18. PUBLIC HEARING GPA-98-02 AND PCM-98-26: CONSIDERATION OF AN AMENDMENT TO THE CITY'S GENERAL PLAN AND THE OTAY RANCH GENERAL DEVELOPMENT PLAN/SUBREGIONAL PLAN TO REMOVE RESIDENTIAL LAND USES IN VILLAGE 2 OF THE OTAY RANCH WITHIN 1,000 FEET OF THE OTAYLANDFILL - The City proposes to amend the General Plan and the Otay Ranch General Development Plan on Village 2 located east of the Otay Landfill. The amendment is required by the conditions of the Otay Landfill Tax Sharing Agreement with the County of San Diego. The agreement requires the City to remove residential land uses within a I,OOO-foot "buffer" on the Otay Landfill's eastern property line located in Village 2 of the Otay Ranch. The agreement requires the City to amend its General Plan and other associated zoning measures by November 15, 1998. Staff recommends the Dublic heariDl! be continued to the meetißl! of November 3. 1998. (Director of Planning and Building) 19. PUBLIC HEARING GPA-97-04 AND PCM-97-10: CONSIDERATION OF AMENDMENTS TO THE CITY'S GENERAL PLAN AND THE OT A Y RANCH GENERAL DEVELOPMENT PLAN IN VILLAGES 1, 2, 6, 7, 13, AND 15 - The proposed amendments to the City's General Plan and Otay Ranch General Development Plan will change the Low-Medium residential designation within the Otay Landfill buffer in Village 2 as required by the Otay Landfill Agreement with the County of San Diego; expand the Low-Medium residential designation in Village 1 and 2 west of Paseo Ranchero in exchange for Open Space designations in Villages 13 and 15; and relocate a high school site from Village 7 to Village 2 in the Otay Ranch. Staff recommends the Dublic hearint! be continued to the meetint! of November 3. 1998. (Director of Planning and Building) BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions, and/or Committees. None submitted. Agenda -5- October 27, 1998 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, stoff, or members of the general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" fonn available in the lobby and submit it to the City Clerk prior to the meeting. 20. RES()LUTI()N 19241 APPROVING THE AMENDED AND RESTATED AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICES WITH AMERICAN MEDICAL RESPONSE - On May 19, 1998, Council approved, in-concept, terms for the three-year extension of the current agreement with American Medical Response (AMR) to October 31, 2ooI. In the May 19 staff report, staff informed Council that further discussions with AMR would include contract elements which could provide for future extensions of the agreement beyond 2001. Those discussions have now been completed. Staff recommends approval of the resolution. (Fire Chief) 2I. RESOLUTION 19242 AMENDING THE FISCAL YEAR 1998/99 BUDGET TO ADD ONE FULL- TIME EQUIVALENT (FTE) CRIME FREE MULTI-HOUSING COORDINATOR POSITION AND DELETING ONE 0.5 FTE SENIOR CRlME PREVENTION SPECIALIST POSITION; AND REPROGRAMMING COPS PROBLEM-SOLVING GRANT FUNDS FOR SALARŒS, BENEFITS, AND EQIDPMENT ASSOCIATED WITH THE NEW POSITION - The Police Department is currently participating in a Department of Justice COPS Problem-Solving grant to develop strategies for reducing residential burglary rates. One part of the study has focused on improving on-scene evidence collection and suspect identification. The results from these intelVentions have been significant and will be discussed in a future report to Council. A second focus of the study has been on burglary prevention. This report deals with a program aimed at reducing burglaries as well as overall crime rates in Chula Vista's multi- family complexes. Staff recommends approval of the resolution. (Chief of Police, City Attorney, Director of Community Development, Fire Chief, and Director of Planning and Building) 22. REPORT REGARDING INDUSTRIAL LAND TASK FORCE AND STAFF ANALYSIS OF EASTLAKE INDUSTRIAL LAND PROPOSAL - On October 9, 1997, at a joint Council /Planning Commission workshop, a report regarding the lack of adequate industrially zoned land in Chula Vista was discussed. Staff was directed to establish a Task Force to review the issues and return with their recommendations. On June 23, 1998, Council approved the Task Force recommendations. However, at tbat same meeting, EastLake presented a proposal that would allow EastLake to develop half of their remaining business center as residential. Council directed staff to review EastLake's proposal. On August 24, 1998, at the Economic Development Commission's request, the Industrial Land Task Force reconvened to consider EastLake's proposal. This report is intended to provide Council with both staff's and the Task Force's response to EastLake's proposal. Staff recommends that Council receive the Industrial Land Task Force letter and reaffirm Council's approval of the Task Force's original recommendations. (Director of Community Development and Director of Planning and Building) Continued from the meetiDl! of SeDtember 22. 1998. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. OTHER BUSINESS 23. CITY MANAGER'S REPORT IS) A. Scheduling of meetings. Agenda -6- October 27, 1998 24. MAYOR'S REPORTlS) 25. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) a special meeting/worksession of the City Council on Monday, November 2, 1998 at 5:30 p.m. in the Council Conference Room, Administration Building, thence to the regular City Council meeting on November 3, 1998 at 4:00 p.m. in the City Council Chambers. "I declare IInder penalty 01 perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted Tu sda 0 t b 27 1998 this Agenda/Notice on the Bulletin Board at C ·1 Ch be e y, coer , h P bl' S " B "Id" t C't u II ounCl am rs 6 00 t e u IC erv,¡9.' UI Ing an a I .....,a on ,!'ubi" S . B ·ld· : p.m. DATED. fI¡If;¡. rSIGNED . . lC ervlces Ul mg (immediately following the City CounCil "Iv ~ ~ CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA Effective April I, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are pennitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. CONFERENCE WITH LEGAL COUNSEL REGARDING: . Existing litigation pursuant to Government Code Section 54956.9(a) I. Fritsch v. City of Chula Vista . Significant exposure to litigation pursuant to Government Code Section 54956.9(b) 1. One Case. ~ \ ft... :----: ~dt~ - - - CllY OF CHUlA VISTA TRANSMITTAL MEMORANDUM October 22, 1998 TO The Honorable Mayor and City Council ~ FROM David D. Rowlands, If., City Managerp~ ~ __ SUBJECT City Council Agenda for Tuesday, October 27, 199800 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, October 27,1998. Comments regarding the Written Communications are as follows: Sa. This is a letter trom the City Attorney stating that to the best of his knowledge trom observance of actions taken in Closed Session on October 20, 1998 in which the City Attorney participated, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. 5b. This is a letter ftom Andy Schooler, Del Mar City Council, requesting that the City make a contribution to Crime Stoppers. In the recent past, the Police Department has used Crime Stoppers to help solve crime. Most recently, Crime Stoppers provided valuable infonnation on the Tri Cities robberies throughout San Diego County. As you may recall the Tri Cities robberies involving Chula Vista, San Diego and La Mesa led to the death of a liquor store clerk in the City of La Mesa. The infonnation received trom Crime Stoppers led to the arrest ofthe suspects involved in the Tri Cities robberies. IT IS RECOMMENDED THAT A ONE TIME $500 DONATION BE MADE TO CRIME STOPPERS FROM THE POLICE DEPARTMENT'S CRIME PREVENTION ACCOUNT 100-1070-5344. ~- -^- -.- --~_.._.---" -" - ---_.~- ~~f? =~~ ~§"S~ - - -- CllY OF CHUlA VISfA OFFICE OFTHE CITY ATTORNEY DATE: October 22, 1998 TO: The Honorable Mayor and City Council FROM: John M. Kaheny, . ~C Clty Attorney SUBJECT: Report Regarding Actions Taken in Closed Session for the Meeting of October 20, 1998 The city Council met in Closed Session on October 20, 1998 to discuss: . city of Chula vista v. Federal Home Loan Corporation . Significant exposure to litigation pursuant to subdivision (b) : One Case The city Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK:clb C:\Council\Closed.3 S/t-J 276 FOURTH AVENUE· CHULA VISTA· CALIFORNIA 91910· (619) 691-5037· FAX (619) 409-5823 @. P09!·ConHume.R&cyçlodP.p.r ----....--...-..--,-,.,........ ~_.._-".._. _...,...._..._m_.'._____.____~.___.._~__"_..___..______.._____..._. RECEIVED '! 8 œT 13 P2 :4~I~r;!CO W Œ , . TY OF CHULA VISllí P San Diego County gTY CLERK'S OFFICE i J/ OCT I 3 '* i Crime Stoppers, Inc. October 5, 1998 I Î 1475 Sixth Avenue -'--·CÕ·iiJc" offië"Ü'--' Suite 314...m'·':"'. . ._~~_j San Diego, CA 92101 (619) 232-6080 FAX: 232.6083 The Honorable Mayor and Council Crlm S City of Chula Vista e toppers n Hot Un . 276 Fourth Avenue (6~9) 235-~ Chula Vista, CA 91910-2631 Dear Fellow Elected Official: This is an invitation to you to participate in the continuing great work of Crime Stoppers. Recently, the City of Del Mar presented Crime Stoppers with a $1000 contribution. As you may be aware, it was a tip from Crime Stoppers that lead to the arrests in the Adrian Garmo murder. These two gang members were found to be involved in a spree of 68 violent crimes. In fact, Crime Stoppers has helped solve more than 2,500 crimes, 600 burglaries, 400 robberies, and 70 homicides. As you know these crimes touch all of our Cities, unincorporated areas, and many of us individually. Crime Stoppers is a non profit 501c.(3) organization and it operates entirely on volunteer contributions. I am asking that you step up to the plate and make a contribution. Thank you, Andy Schooler Del Mar City Council CC.' " J-ty (<I) " P.s. If necessary, I would be available to appear before your 4.y ú7~ (619) WiifrER' Pt(sM*\1"N~CA TKONS 'I Sß - / r /¢?If&Ý .__._________._".___.____.___ __ __.....___..____.___~._...._ ......._.. ·,_·_,,_,,__.____w.______·__·__··_____·_·_______~____ COUNCIL AGENDA STATEMENT Item 0 Meeting Date 10/27/98 ITEM TITLE: Ordinance .,2 '/ ¿. / Establishing a 45 M.P.H. Speed Limit on Otay Valley Road between Spyglass Hill Road and the south City limits, and adding this roadway segment to Schedule X of a register maintained by the office of the City Engineer. SUBMITTED BY: Director of Public Work~ REVIEWED BY: City Manag~~ ..-. (4/5ths Vote: Yes_No---X....- Based on the provisions of the California Vehicle Code Section 40803, and pursuant to authority under the Chula Vista Municipal Code section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Otay Valley Road between Spyglass Hill Road and the south City limits, be established at 45 MPH. RECOMMENDATION: That the City Council place the Ordinance establishing a 45 M.P.H. Speed Limit on Otay Valley Road between Spyglass Hill Road and the south City limits, amending Schedule X as set forth in Section 10.48.020 of the Chula Vista Municipal Code (Established Speed Limits In Certain Zones - Designated), and adding this roadway segment to Schedule X of a register maintained by the office of the City Engineer. BOARDS AND COMMISSIONS RECOMMENDATIONS: The Safety Commission, at their meeting of September 9, 1998, voted MSC (Gove/McAlister) 5-0-2-0 with Commissioners Hoke and Miller absent, to accept staff's report and recommend that the City Council place an Ordinance establishing a 45 M.P.H. Speed Limit on Otay Valley Road between Spyglass Hill Road and the south City limits, amending Schedule X as set forth in Section 10.48.020 of the Chula Vista Municipal Code (Established Speed Limits In Certain Zones - Designated), and adding this roadway segment to Schedule X of a register maintained by the office of the City Engineer. DISCUSSION: The City Engineer has determined the need to establish a posted speed limit on Otay Valley Road Between Spyglass Hill Road and the south City limits. Section 40803 of the California Vehicle Code (CVC) requires that an Engineering/Traffic Survey has been conducted within five years in order for the law enforcement officers to enforce the posted speed, and to eliminate Speed traps as defined in Section 40802 of the CVC. Otay Valley road within this segment is a 22-foot wide two-lane roadway, but is classified as a Six-lane prime arterial. Parking is prohibited on both sides of the roadway. The Average Daily Traffic (ADT) on Otay Valley Road in this area is 5390. The design speed for the reversed horizontal curves porion of the street is 35 MPH; therefore, curve warning signs, including ¡"-j , "7 Page 2, Item Meeting Date 10/27/98 advisory speed limit plates, already exist on both sides of the roadway in advance of those horizontal curves. In determining the speed limit which is reasonable and safe, and which is most appropriate to facilitate the orderly movement of traffic, important factors are prevailing speeds, unexpected conditions, and accident records. Since this segment of the roadway has been recently annexed to the City, Traffic Engineering has not compiled any accident statistics yet. Upon further investigation, Traffic Engineering staff discovered that the County of San Diego deleted all their accident record data from their main computerized system for that section of the roadway after it was annexed to the City. The 85th percentile speed for this segment of Otay Valley Road is 47 MPH according to the recently conducted engineering/traffic survey. Speed limits should be established at or at the fIrst 5 mph increment below the 85th percentile speed, which is defmed as that speed at or below which 85 percent of the traffic is moving. The 85th percentile is often referred to as critical speed. Speed limits higher than the 85th percentile are not generally considered reasonable and safe. Speed limits set at or slightly below the 85th percentile speed provide law enforcement officers with a means of controlling the drivers who will not conform to what the majority considers reasonable and prudent. Concurrence and support of enforcement officials are necessary for the successful operation of a restricted speed zone. Based on the above criteria, it has been determined that the speed limit should be posted at 45 MPH in order to comply with the California Vehicle Code requirements, otherwise this roadway is considered a speed trap and police radar enforcement of the posted speed limit cannot be conducted. This new current survey will expire on April 28, 2003. It is recommended that the City of Chula Vista Municipal Code be revised as follows: 10.48.020 Schedule X - Establishing Speed Limits in Certain Areas Name of Street Beginning At Ending At Proposed Speed Limit Otay Valley Spyglass Hill Road South City limits 45 MPH Road FISCAL IMPACT: The cost to install signs and pavement legends is $150.00. Attachment: Area Plat Engineering/Traffic Survey File No.: 0760-95·CY029 t - c2~;_~"~0A=-~ ~....~_..._- ORDINANCE NO. d-.7/PJ AN ORDINANCE ESTABLISHING A 45 M.P.H. SPEED LIMIT ON OTAY VALLEY ROAD BETWEEN SPYGLASS HILL ROAD AND THE SOUTH CITY LIMITS, AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X OF A REGISTER AS MAINTAINED BY THE CITY ENGINEER WHEREAS, based on the provisions of the California Vehicle Code Section 40803, and pursuant to authority under the Chula vista Municipal Code Section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Otay Valley Road between Spyglass Hill Road and the south city limits be established at 45 MPH; and WHEREAS, a engineering and traffic study, as required by State Law, has been conducted and it has been determined that the appropriate speed in this area is to be posted at 45 MPH. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula vista Municipal Code, Established Speed Limits in certain Zones and Establishing a Speed Limit of 45 MPH on Otay Valley Road between Spyglass Hill Road and the south City limits, adding this location to Schedule X, is hereby amended to include the following changes: Chula vista Municipal Code Section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Street Beqinninq At Endinq At Proposed Speed Limit Otay Valley Spyglass Hill South City 45 M.P.H. Road Road limits SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by John P. Lippitt, Director of M. Kaheny, Public Works orney H:\home\lorraine\OR\SPEED,EST &-{ µ_s- \ , \ ¡ 00 \ "- , " i '\., '\ ! 5 .5 \ \ ! \1f>,.lLEY RD \ \ I i \ I 1--____ \ 3600 \ ¡ \ ¡ 1-1 ,~ -1 .../-, , . , , ....... -_.>~"~< \ ~"~-¥ð_Y-~6r .... . ~~." \ ~.-._""'~,. ~ " R I I . -~~--.-JÞê", ~ , ""'~ ~ I ....~ .I ð_ " 6 ,6 c.. 900 '<, SPYGLASS " . , i ! \ , "- ¡ 1-- ----.", \ ...... Subject Street \ ------ , , \ I , 17 N , I i - , ì -- " i 1351 ;,.-.---- I I ~ --- , ,- -' ~ , .'. E5 ;1 ~ DATSUN 6.'J ST - ::) i FILE NO. KY-119 DWNSy:D.M. Wolfe A R E A P L A T ¿-~ DATE: 8/6/98 S; :-:==T: OT toy v ALLEY ROAD LllJiITS: SPYGLASS HILL ROAD TO THE SOUTH CITY LIMITS Ex:sting Posted Speed Limit UNPOSTED MPH surJiMARY O~ SPEED SURVEYS SPYGLASS HILL ROAD TO Segment: SOUTH CITY LIMITS Date Taken: , - 4/28/98 NO.vehicles on Sample: 100 25th Percentile Speed: 47 MPH Ran2e of Speeds Recorded: 29 - 56 MPH Block #: 4500 - 900 BLOCK OF HERITAG:: RD.(PER 1998 THOMAS BROS.) ROADWAY CHARACTERISTICS Cl2ssification: Six-Lane Prime Arterial No. of lanes for both directions 2 Width: 22 FEET Horizontal Alignment: CURVILINEAR Vertical Alignment: Maximum orade -10% Average Daily Traffic: 5390 ,- On-street Parking: Not allowed Spe:::ial conditions: There are no imorovements such as curb. Dutter. sidewalks. or street liahts. A narrow shoulder exists on both sides of the roadwav. Guardrails are oresent adiacent to canvon at the west side of the subiect street. Accident History: Due to the recent annexation. there h2s been no accident data collected. SURVEY RESULTS Study was prepared by: BOB KELEMAN Study was checked by: MJD Date:5/14/1998 Recommendations:Post the soeed limit at 45 MPH due to undivided roadwav conditions. curvilinear alianment and varvina toooaraohv adiacent to the subiect street. Post curve warnina sians on aooroaches of low design soeed curves. Date R~dation Approved: z/d /~/ ç?>OI'ESS/0". ~ I, Ô ' '~_ / / (/~ .S. AL. "f( By:/ /" /~~ -#AJ ;=Î) AL- Clf/lr /<'-Ý $".Ç) ~ Go}";';1_ \\ j ;:;- -"',/ . ~ ~ /!¡..;; ~ ~ S\\ '~ Approved Speed Limit: 45 MPH ' f & ~ 1'10. C52C14 ~ ê \, . ¿-) \ I.ti\ hl/"! '''ii Per CVC 40803, Survey Expires: 4/28/2003 \ c: Ex;>. I~ /' .~ ii , <- >< !j ~~ ~ H:IHOMEIENGINEE AôR'¡¡;¡P '_, o.BKK "'h: '-o<¿" / '- "C;:^r.\..\~L .._~ ....,... ....-.- COUNCIL AGENDA STATEMENT Item / Meeting Date 10/27/98 ITEM TITLE: Ordinance .:2? tJ. Establishing a 45 M.P.H. Speed Limit on Otay Valley Road between the east end of the median island (.5 miles east of Nirvana Avenue) and Spyglass Hill Road, and adding this roadway segment to Schedule X of a register maintained y the office of the City Engineer. SUBMITTED BY: REVIEWED BY: (4/Sths Vote: Yes No-X- Based on the provisions of the California Vehicle Code Section 40803, and pursuant to authority under the Chula Vista Municipal Code section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Otay Valley Road between the east end of the median island (.5 miles east of Nirvana Avenue) and Spyglass Hill Road, be established at 45 MPH. RECOMMENDATION: That the City Council place the Ordinance establishing a 45 M.P.H. Speed Limit on Otay Valley Road between the east end of the median island (.5 miles east of Nirvana Avenue) and Spyglass Hill Road, amending Schedule X as set forth in Section 10.48.020 of the Chula Vista Municipal Code (Established Speed Limits In Certain Zones - Designated), and adding this roadway segment to Schedule X of a register maintained by the office of the City Engineer. BOARDS AND COMMISSIONS RECOMMENDATIONS: The Safety Commission, at their meeting of September 9, 1998, voted MSC (Liken/Acton) 5-0-2- o with Commissioners Hoke and Miller absent, to accept staffs report and recommend that the City Council place an Ordinance establishing a 45 M.P.H. Speed Limit on Otay Valley Road between the east end of the median island (.5 miles east of Nirvana Avenue) and Spyglass Hill Road, amending Schedule X as set forth in Section 10.48.020 of the Chula Vista Municipal Code (Established Speed Limits In Certain Zones - Designated), and adding this roadway segment to Schedule X of a register maintained by the office of the City Engineer. DISCUSSION: The City Engineer has determined the need to establish a posted speed limit on Otay Valley Road between the east end of the raised median (.5 miles east of Nirvana Avenue) and Spyglass Hill Road. Section 40803 of the California Vehicle Code (CVC) requires that an 7~/ ..".... ....... ...._.. ......... ............... .......... .............. .... ...n. ................... .u"-" ......"-.......... n...". .. ............ ......U.AL..... n. Page 2, Item Meeting Date 10/27/98 Engineering/Traffic Survey has been conducted within five years in order for the law enforcement officers to enforce the posted speed, and to eliminate Speed traps as defmed in Section 40802 of the CVC. Speed Trap-Section 40802(b) provides that prima facie speed limits established under Sections 22352(b)(1), 22354, 22357, 22358 and 22358.3 may not be enforced by radar unless the speed limit has been justified by an engineering/traffic survey within the last five years. An "Engineering/Traffic Survey" is required where enforcement involves the use of radar or other electronic speed measuring devices, under CVC 40802(b). According to the CalTrans Traffic Manual, the following criteria apply to speed limits: Speed limits in California are governed by the California Vehicle Code, Sections 22348 through 22413. Section 22350 of the Vehicle Code provides that no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent, having due regard for weather, visibility, traffic and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property. Sections 22357 and 22358 authorize local authorities to establish prima facie speed limits on streets and roads under their jurisdiction, on the basis of an engineering/traffic survey. atay Valley Road in this area varies in width from 89-foot to 64-foot sections, and while it is classified as a six-lane prime arterial, it is currently constructed and striped with one lane in each direction and a 22' wide two-way turn lane that is striped for special traffic control for events at the new Coor's Amphitheater. During events at the Amphitheater, the traffic flows as three lanes in and one lane out before the event and is reversed after the event to allow extra lanes for ingress and egress. Normal daily traffic is limited to one lane in each direction in this area. Parking is prohibited on both sides of the roadway. The design speed for the horizontal curve portion of this roadway segment is 35 MPH; therefore, curve warning signs, including advisory speed limit plates, already exist. The Average Daily Traffic (ADT) is 5,390 on this portion of atay Valley Road. In determining the speed limit which is reasonable and safe, and which is most appropriate to facilitate the orderly movement of traffic, important factors are prevailing speeds, unexpected conditions, and accident records. Since this area was recently annexed to the City of Chula Vista, Traffic Engineering has not yet compiled any accident statistics. Upon further investigation, Traffic Engineering staff discovered that the County of San Diego deleted all their accident record data from their main computerized system for that section of the roadway after it was annexed to the City. Per the recently conducted engineering/traffic survey, the 85th percentile speed for this segment of atay Valley Road is 51 MPH. J,! 7---;2.. Page 3, Item Meeting Date 10/27/98 Speed limits should be established at or at the fIrst 5 mph increment below the 85th percentile speed, which is defined as that speed at or below which 85 percent of the traffic is moving. The 85th percentile is often referred to as critical speed. Speed limits higher than the 85th percentile are not generally considered reasonable and safe. Speed limits set at or slightly below the 85th percentile speed provide law enforcement officers with a means of controlling the drivers who will not conform to what the majority considers reasonable and prudent. However, in matching existing conditions with the traffic safety needs of the community, engineering judgement may indicate the need for a further reduction of fIve miles per hour. Whenever such factors are considered to establish the speed limit, they should be documented on the speed zone surveyor the accompanying engineering report. Based on engineering design factors and public safety needs other than the 85th percentile speed, and the nature of the traffic using the amphitheater and water park, it is necessary to set the speed limit at 45 MPH. These factors include the fact that the recommended speed limit of 45 MPH is consistent with the speed limit in the roadway segment to the south. Additionally, the reduced design speed of the horizontal curve and the fact that the roadway reduces from two lanes to one lane as the motorist approaches this segment, establishes a need for the posting of a 45 MPH speed limit throughout this segment. This new current survey will expire on April 28, 2003. It is recommended that the City of Chula Vista Municipal Code be revised as follows: 10.48.020 Schedule X - Establishing Speed Limits in Certain Areas Name of Street Beginning At Ending At Proposed Speed Limit Otay Valley Road East end of the raised Spyglass Hill Road 45 MPH median (.5 miles east of Nirvana Avenue) FISCAL IMPACT: The cost to install signs and pavement legends is $150.00. Attachment: Area Plat Engineering/TraffIc Survey File No.: 0760-9S-CY029 H:\HOMEIENGINEERIAGENDAISPYGLASS.DMW !: 7~ 3/7-1 --.--- ORDINANCE NO. c2 7 ¿ -< AN ORDINANCE ESTABLISHING A 45 M.P.H. SPEED LIMIT ON OTAY VALLEY ROAD BETWEEN THE EAST END OF THE MEDIAN ISLAND (.5 MILES EAST OF NIRVANA AVENUE) AND SPYGLASS HILL ROAD, AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X OF A REGISTER AS MAINTAINED BY THE CITY ENGINEER WHEREAS, based on the provisions of the California Vehicle Code Section 40803, and pursuant to authority under the Chula Vista Municipal Code Section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Otay Valley Road between the east end of the median island (.5 miles east of Nirvana Avenue) and Spyglass Road be established at 45 MPH; and WHEREAS, a engineering and traffic study, as required by State Law, has been conducted and it has been determined that the appropriate speed in this area is to be posted at 45 MPH. NOW, THEREFORE, the City Council of the City of Chula vista does ordain as follows: SECTION I: That Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula Vista Municipal Code, Established Speed Limits in certain Zones and Establishing a Speed Limit of 45 MPH on Otay Valley Road between the east end of the median island (.5 miles east of Nirvana Avenue) and Spyglass Hill Road, adding this location to Schedule X, is hereby amended to include the following changes: Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Street Beqinninq At Endinq At Proposed Speed Limit Otay Valley East end of Spyglass Hill 45 M.P.H. Road the raised Road median (.5 miles east of Nirvana Avenue) SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by John P. Lippitt, Director 1 Public Works H:\home\lorraine\OR\SPEED,EST '" <0 Z I ,~"...---.." \ ~- " '- ._1 .... '! - -- "' .'~ J- -- \"! "' \ ...... ' I --- / ---r"\ <}-, I <2: I ,/ "- J:.~~;' ....../ ......¡ ./ "".' ..J /./ / \ 0- / ~r - /"'"--- Q) '-. i:5/ '., Q) - - ~7 ~ - - !if/."> <2: (f" ~Þ- LEY I:;: - - W a: I I <2: , \ , , , '1 , ( I - I .......-- Q ,¡...: I I Q /',0 I .., , , .., ) , I -~ .I.. , I >- , >, I.U ( ,..;. I I ....J \ ¡...: , ~ ~i J I ¡ r;- -- ~ , .. ¡ 1&1 ml* -\ . ./ 1 ~ / ~ M' " [ - , ~ AV 'ó -- r~--!.- .J .' , ,--- <~,,;::..~...:,..... , ~ , <<> I Q) "'"<> <> ",'" '=' I - Qtl1 - '" 0 IX) ~ .,. ;: Q) .... Ç/(J <0 ::E .... IX) ~¡ " CI '-" -. Vi;~ .- -~ J ~tU I '" ! ~ <0 .. >0 /~? r- ID = . . ~ C SPEED LIMIT - ENGlNEERINGfTRAFFIC SURVEY . .--- STrEET: OTAY VALLEY ROAD LIMITS: END OF MEDIANL5 MILES E/O NIRVANA) TO SPYGLASS HILL ROAD Existing Posted Speed Limit UNPOSTED MPH SUMMARY OF SPEED SURVEYS , - END OF MEDIAN('5 MILES EtO NIRVANA) Segment: SPYGLASS HILL ROAD Date Taken: 4/28/98 NO.vehicles on Sample: 100 85th Percentile Speed: 51 MPH Range of Speeds Recorded: 35 - 60 MPH Block #: 4000 - 4500 (PER THOMAS BROS. GUIDE) ROADWAY CHARACTERISTICS Classification: Six-Lane Prime Arterial Width: 64 - 89 FEET No. of lanes for both directions~ ~- Horizontal Alignment: CURVILINEAR R = 400 feet Vertical Alignment: 0.6 % TO 3.8 % 400' V.C. Average Daily Traffic: 5390 On-street Parking: Not allowed Special conditions: Amoitheater and Water Dark on the westside of seament. Accident History: Due to the recent annexation. there has been no accident data cDllected. SURVEY RESULTS Study was prepared by: BOB KELEMAN Study was checked by: MJD Date:5/14/1998 Recommendations:Establish a sDeed limit at 45 MPH due to curvilinear alianment and due to the Dresence of the AmDitheater and the water Dark facilities within this ) <..;...:< COUNCIL AGENDA STATEMENT Item ~ Meeting Date 10/27/98 ITEM TITLE: Ordinance .2. 7¿'..J Establishing a 50 M.P.H. Speed Limit on Otay Valley Road between Nirvana Avenue and the east end ofthe median island (.5 miles east of Nirvana Avenue) and adding this roadway segment to Schedule X of a register 7ined by the office of the City Engineer. SUBMITTED BY: Dire,,,,, of ""b1;o Woe" ~ REVIEWED BY: City Managy~~ ..-¡ (4/Sths Vote: Yes_No~ Based on the provisions of the California Vehicle Code Section 40S03, and pursuant to authority under the Chula Vista Municipal Code section 10.4S.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Otay Valley Road between Nirvana A venue and the east end of the median island (.5 miles east of Nirvana Avenue) be established at 50 MPH. RECOMMENDATION: That the City Council place the Ordinance establishing a 50 M.P.H. Speed Limit on Otay Valley Road between Nirvana A venue and the east end of the median island (.5 miles east of Nirvana Avenue), amending Schedule X as set forth in Section 1O.4S.020 of the Chula Vista Municipal Code (Established Speed Limits In Certain Zones - Designated), and adding this roadway segment to Schedule X of a register maintained by the office of the City Engineer. BOARDS AND COMMISSIONS RECOMMENDATIONS: The Safety Commission, at their meeting of September 9, 1995, voted MSC (McAlister/Cochrane) 5-0-2-0 with Commissioners Hoke and Miller absent, to accept staff's report and recommend that the City Council place an Ordinance establishing a 50 M.P.H. Speed Limit on Otay Valley Road between Nirvana Avenue and the east end of the median island (.5 miles east of Nirvana Avenue), amending Schedule X as set forth in Section 1O.4S.020 of the Chula Vista Municipal Code (Established Speed Limits In Certain Zones - Designated), and adding this roadway segment to Schedule X of a register maintained by the office of the City Engineer. DISCUSSION: The City Engineer has determined the need to establish a posted speed limi t on Otay Valley Road between Nirvana A venue and the east end of the raised median. Section 8'-/ Page 2, Item Meeting Date 10/27/98 40803 of the California Vehicle Code (CVC) requires that an Engineering/Traffic Survey has been conducted within five years in order for the law enforcement officers to enforce the posted speed, and to eliminate Speed traps as defined in Section 40802 of the CVC. Speed Trap-Section 40802(b) provides that prima facie speed limits established under Sections 22352(b)(l), 22354, 22357, 22358 and 22358.3 may not be enforced by radar unless the speed limit has been justified by an engineering/traffic survey within the last five years. An "Engineering/Traffic Survey" is required where enforcement involves the use of radar or other electronic speed measuring devices, under CVC 40802(b). According to the CalTrans Traffic Manual, the following criteria apply to speed limits: Speed limits in California are governed by the California Vehicle Code, Sections 22348 through 22413. Section 22350 of the Vehicle Code provides that no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent, having due regard for weather, visibility, traffic and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property. Sections 22357 and 22358 authorize local authorities to establish prima facie speed limits on streets and roads under their jurisdiction, on the basis of an engineering/traffic survey. Otay Valley road within this segment is an 89-foot wide roadway with a l6-foot raised median. It is classified as a six-lane major street with bike lanes on both sides of the roadway. Parking is prohibited on both sides of the roadway. Otay Valley Road in this area is striped five lanes with two lanes in the eastbound direction reducing to one lane, and three lanes in the westbound direction. The Average Daily Traffic (ADT) on Otay Valley Road in this area is 5,390. In determining the speed limit which is reasonable and safe, and which is most appropriate to facilitate the orderly movement of traffic, important factors are prevailing speeds, unexpected conditions, and accident records. The accident rate within this roadway segment is 1.96 accidents per million vehicle miles (A VM) which is lower than the statewide average of 2.33 A VM for similar roadways in the State of California. Per the recently conducted engineering/traffic survey, the 85th percentile speed for this segment of Otay Valley Road is 56 MPH. Speed limits should be established at or at the first 5 mph increment below the 85th percentile speed, which is defined as that speed at or below which 85 percent of the traffic is moving. The 85th percentile is often referred to as critical speed. Speed limits higher than the 85th percentile are not generally considered reasonable and safe. Speed limits set at or slightly below the 85th percentile speed provide law enforcement officers with a means of controlling the drivers who will not conform to what the majority considers reasonable and prudent. However, in matching existing conditions with the traffic safety needs of the community, engineering judgement may ?š~;¿ ~ --~- " Page 3, Item Meeting Date 10/27/98 indicate the need for a further reduction of five miles per hour. Whenever such factors are considered to establish the speed limit, they should be documented on the speed zone surveyor the accompanying engineering report. Based on engineering design factors and public safety needs other than the 85th percentile speed, it is necessary to set the speed limit at 50 MPH. These factors include the fact that the recommended speed limit of 50 MPH is consistent with the speed limit in the roadway segment to the west. Additionally, the eastbound direction of travel reduces from two lanes to one lane as the motorist approaches the horizontal curve at the east end of this segment. This new current survey will expire on May 11, 2003. It is recommend ed that the City of Chula Vista Municipal Code be revised as follows: 10.48.020 Schedule X - Establishing Speed Limits in Certain Areas Name of Street Beginning At Ending At Proposed Speed Limit Otay Valley Nirvana Avenue East end of the raised 50 MPH Road median FISCAL IMPACT: The cost to install signs and pavement legends is $150.00. Attachment: Area Plat Engineering/Traffic Survey File No.' 0760-95·CY029 í? ~ :1 / i~ooi'm',"A""~'m_"'"~ ORDINANCE NO. ;¿? ¿ J AN ORDINANCE ESTABLISHING A 50 M. P. H. SPEED LIMIT ON OTAY VALLEY ROAD BETWEEN NIRVANA AVENUE AND THE EAST END OF THE MEDIAN ISLAND (.5 MILES EAST OF NIRVANA AVENUE) AND ADDING THIS ROADWAY SEGMENT TO SCHEDULE X OF A REGISTER MAINTAINED BY THE CITY ENGINEER WHEREAS, based on the provisions of the California Vehicle Code section 40803, and pursuant to authority under the Chula vista Municipal Code Section 10.48.020, the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the speed limit on Nirvana Avenue and the east end of the median island (.5 miles east of Nirvana Avenue) be established at 50 MPH; and WHEREAS, a engineering and traffic study, as required by State Law, has been conducted and it has been determined that the appropriate speed in this area is to be posted at 50 MPH. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula vista Municipal Code, Established Speed Limits in certain Zones and Establishing a Speed Limit of 35 MPH on Clubhouse Drive between EastLake Parkway and Hunte Parkway, adding this location to Schedule X, is hereby amended to include the following changes: Chula vista Municipal Code Section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Street Beqinninq At Endinq At Proposed Speed Limit Otay Valley Nirvana Avenue East end of 50 M.P.H. Road the raised median SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by John P. Lippitt, Director of Public Works H:\home\lorraine\OR\SPEED.EST Í\ )-- \ ;' \ " I 4 , N \ &! \ ~ \ 5~\G DESIGJI \ CT RD \J ÀLlEY 5 /-_ 4900 I RD Subject St eet .". ........... I \ 3600 /' ì J -...._........ ! , ¡ 'r- :¡ , \ j "ri \/" '.... , _~ø~"-- ~.,.... ~ ~~-_ _... GrAY ..~--:-.....-~~-'-~- \ , ,----' OT. - __ /1 ' \ --- , I ~ -'.-~-"""---- \ -- -t-- '- \ ::i ...... ',,> 6 -' , '-.. -~ - - ,-, 6 I '" " " , , I \ f , \ "- \ i~- -----....,. \ \ ..... I -- I L ---- - - - - ï !::¿ \ /' 7 '- -- ! i /. J . . . - ,.- "- A B FILE NO. KY-119 OWN BY: D.M. Wolfe DATE: 8/6/98 !Š'? A R E A P L A T SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY c:----- OïAY VALL!:'Y ROAD ....1 :-:::t: : ~ LlIJlITS: NIRVANA AVENUE TO END OF CENTER MEDIANL5 MILES EASTI Existing Posted Speed Limit UNPOSTED MPH SUMMARY OF SPEED SURVEYS , - NIRVANA AVE. Segment: END OF MEDIANI.5 MILES EIO NIRVANA) Date Taken: 5/11/98 NO.vehicles on Sample: 100 85th Percentile Speed: ' 56 MPH Range of Speeds Recorded: 39 - 60 MPH Block #: 2900 - 4000 (PER THE 1998 THOMAS BROS. GUIDE) ROADW A Y CHARACTERISTICS C¡2ssification: Six-Lane Major Street Width: LL' /16' Median / 29' No. of lanes for both directions 5 Horizontal Alignment: Curvilinear. 1261' min. curve Vertical Alignment: -1.42% TO -0.50% Average Daily Traffic: 5390 On-street Parking: No Parkino aliowed - Bicvcle lanes Special conditions: Five lane divided hiahwav. three lanes westbound and two lanes e2stbound. Accident History: The accident rate at this seament (1.96 accidents per million vehicle miles) is lower than the Statewide averaae (2.33) 4 or more divided. SURVEY RESULTS Study was prepared by: BOB KELEMAN Study was checked by: MJD Date:5/14/1998 Recommendations: EST ABLlSH A 50 MPH SPEED LIMIT Date Recommendation Approved: YN ÞJf' ~ ~~ / / ~'~~" B''/ ~::;;.--?-~ ø-/fJEV 'i¿-C~ /./9 ¡..=-' AL.C'....'<,,"\, y.,/.....- - .h-"/ /"'I. /. / ! (,,¿-I."~ "7"' ~.... ...- ...-- - - ~i t" -<' ."'; '\. ! ¡¿ i.."" '",.\ -:":". ~ , ,;) ..-:-\'.:....¡ Approved Speed Limit: 50 MPH ; £:! fJ .. __00 -::.\ ,:: '!\ ¡ e 1 I·~~. O;;~·... I~ ;,~ :j Per CVC 40803, Survey Expires: 5/11/2003 \~\ s"', ,~/;:/fç. )"~j 2?' ~ H:\HOME\ENGINEER\~ AP.r!E;~~~;';KK ,r '. /,;;. !\ 1_ ~~'.._ ç,. ". ·r·.. ,....-\. ..... - .~ C C,:.: r· ': ~ \{~. ~- .- ..-- -----. . COUNCIL AGENDA STATEMENT Item 9 Meeting Date 10/27/98 ITEM TITLE: Resolution / f.2 22cepting bids and awarding contract for street repairs at the intersection of Malta Avenue and Myra Court and an R.Y. parking' lot off of Walnut Drive in the amount of $42,745.00 to Frank and Son P'''''& In,. "'" ."WPri,,;;:"" SUBMITTED BY: Director of Public Works REVIEWED BY, Ci<y M~g,'D\l ~ ~ (415mS """ Y'Œ No ~ At 3:00 P.M. on September 21, 1998, at 707" 'Street, the Public Works Department received informal bids to reconstruct the intersection of Malta Avenue and Myra Court and a R. V. storage lot off of Walnut Drive. The work is needed to repair damage to the intersection and R. V. storage lot as a result of repairing the failed storm drain at that location. RECOMMENDATION: That Council approve the resolution accepting bids, awarding contract with Frank and Son in the amount of $42,745.00, and appropriating $37,000 from the Storm Drain Revenue Fund. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In February 1998, a Corrugated Metal Pipe (CMP) storm drain passing between the houses at 1651 Malta Avenue and 1655 Malta Avenue failed The City hired contractors to repair the damage. In the process of repairing the CMP, the intersection of Malta Avenue and Myra Court was damaged by the equipment used to do the repair. In addition, the R.V. storage lot owned by Autumn Hills Homeowners Association was damaged by City forces dewatering the area and contractor equipment used to repair the failed storm drain. Repairing the damage to the intersection and the R. Y. storage lot were not included in the CMP repair contract because to do so would have cost significantly more under the emergency contract and the work was not time sensitive Informal bids (As permitted by Section 1009 of the City Charter for Public Works contracts less than $50,000) were requested from five firms with two submitting bids on September 8, 1998. The bids received on September 8, 1998, were considered excessive for the work requested. Comments rrom the two bidders indicated that the inability to close the intersection for no more than 15 minutes forced them to bid the job as if three separate jobs. Bidders also commented about having to pave the area each night. The specifications were changed to allow the intersection to be closed for up to 1 hour once per day in addition to the 15 minute closures and made it clear that the intersection did not have to be paved each night. The specifications also require the contractor to install a sign at the intersection with the time of day that the-intersection would be closed for one hour. Emergency vehicles are required to have access at all times. The. revised specifications were delivered to all firms that had shown an interest in bidding the job. 9~/ Page 2, Item Meeting Date 10/27/98 Three bids were opened at 3:00 P.M on September 21, 1998, at 707 "F" Street. The results of both the September 8, 1998 and September 2], ] 998, bids are indicated in Tables I and 2. Residents have been sent a letter explaining that the one-hour closure time will be posted the day before on a sign located at the intersection of Malta Avenue and Myra Court. The letter also included the cell phone number of the City inspector who will be on the job. This will allow the residents to leave the area beÎore or after the one-hour closure period with the minimum of . . The contract allows a maximum of 15 working days to complete the work. mconvemence. Closure of the intersection is not anticipated to occur for the entire 15 working day period. This type of job requires the work to be completed quickly to cut labor and equipment costs. TABLE 1 - SEPTEMBER 8, 1998 REJECTED BIDS NO. CONTRACTOR BID AMOUNT 1. ABC CONSTRUCTION $53,357.20 2. ANGUS ASPHALT $46,329.00 TABLE 2 SEPTEMBER 21,1998 RE-BID NO. CONTRACTOR BID AMOUNT 1. ABC CONSTRUCTION $45,400.40 2. ANGUS ASPHALT $46,198.00 3. FRANK AND SON $42,745.00 ADDITIONAL FUNDING REQUIRED In anticipation of having to do this work, staff encumbered $15,000 remaining from the 1997- 1998 fiscal year Public Works Operations' Budget. An additional $37,000 is requested to be appropriated to fund the project. The amount includes funds to make up the difference between the amount encumbered and the bid amount ($42,74500-$15,00000 = $27,745.00), a 10 percent contingency of $4,275.00, inspection costs of$3,980.00 and material testing cost of$I,OOO.OO. The project was re-bid because the unit prices seemed excessive to staff. Staff believes that the high unit prices were due to two factors. First, all contractors are very busy and as a result, costs increase. Second, the job is small and the requirement to provide access for the local residents with a minimal impact requires the contractor to construct the intersection of Malta A venue and Myra Court piecemeal This results in higher unit costs for the base material and asphalt concrete. Table 3 indicates the cost for larger jobs compared to the unit prices received for base material and asphalt concrete TABLE 3 ITEM THIS PROJECT THIS PROJECT LARGE ORIGINAL LOW BID RE-BID LOW BID PROJECT Asphalt Concrete $8973 $82.00/Ton $40.00/Ton Class II Aggregate Base $36.76 $25.00 Ton $1500/Ton 9~c2 Page 3, l$em Meeting Date 10/27/98 Disclosure Statement A copy of the contractor's disclosure statement is attached. Prevailing Wage Statement The source of funding for this project is the Storm Drain Revenue Fund. Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or woman owned business requirements were necessary as part of the bid documents. Environmental Statement The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section ]5301 l(c) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). FISCAL IMPACT: Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $42,745.00 B. Contingencies $4,275.00 C. Staff Costs-Inspection and survey $3,980.00 D. Material Testing $1,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $52,000.00 FUNDS A V AILABLE FOR CONSTRUCTION A. Encumbered Funds $15,000.00 B. Fund 22-Storm Drain Revenue Fund account 227-2272-5203 $37,000.00 TOTAL FUNDS A V AILABLE FOR CONSTRUCTION $52,000.00 The total amount to be appropriated from the Storm Drain Revenue Fund is $37,000. Both the State of California and the Federal government declared the area a disaster area. State and Federal disaster funds are anticipated to be available to reimburse approximately 93.75% of the costs. The Federal disaster assistance program will pay 75% of the approved costs and the State will pay 18.75% of the approved costs. Therefore staff expects to receive approximately $48,750.00 in reimbursement. Attachment- Disclosure Statement Letter to residents C:\WINWORDIA113's-97-98\COUNCIL AGENDA STATEMENT MAl.TA.wau 9--3 RESOLUTION NO. /9...2. 1. C; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR STREET REPAIRS AT THE INTER- SECTION OF MALTA AVENUE AND MYRA COURT AND AN R.V. PARKING LOT OFF OF WALNUT DRIVE IN THE AMOUNT OF $42,745.00 TO FRANK AND SON PAVING, INC. AND APPROPRIATING FUNDS WHEREAS, at 3:00 p.m. on September 21, 1998, the Public Works Department received the following informal bids to reconstruct the intersection of Malta Avenue and Myra Court and a R.V. storage lot off Walnut Drive: NO. CONTRACTOR BID AMOUNT 1. ABC CONSTRUCTION $45,400.40 2. ANGUS ASPHALT $46,198.00 3. FRANK AND SON $42,745.00 WHEREAS, staff recommends awarding the contract to the low bidder; and WHEREAS, the source of funding for this project is Storm Drain Revenue Fund and contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project and no special minority or woman owned business requirements were necessary as part of the bid documents; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under section 15301 l(c) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures) . NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept bids and award the contract for street repairs at the intersection of Malta Avenue and Myra Court and an R.V. parking lot off of Walnut Drive in the amount of $42,745.00 to Frank and Son Paving, Inc. BE IT FURTHER RESOLVED that the amount of $37,000 is hereby appropriated from the Storm Drain Revenue Fund. Presented by Approved as to form by A;.r: John P. Lippitt, Director of JonaM. Kaheny, City At Public Works H:\home\lorraine\rs\malta.bid 9-'7 THE CITY OF CHULA VISTA DISCLOSL"RE STATE:'Œ:-IT You are require<! [0 me a Statement of Disclosure of certain ownership or fmancial interests. paymentS. or campaign contributions, on all maners which will require diõcretionary action on the part of the City Council. Planning Commission, and all other official bodies. The following information must be disclosed: , , l. List the names of all persons having a fmancial interest in the properry wlticll is the subject of the application or the Contract. e.g., owner, applicant. Contractor. subcontractor. ma<erial supplier. H'r:::ron,..' 'iQQ 'Tã¡¡;~9il Ali~it=J V;:\!=:ÇpU3? . 2. If any person· identified pursuant to (l) above is a corporalion or partnersllip, list the names of all indivíâuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. Francisco V;:¡~a1]P7. Al icia V;:¡!=;011P7. 3. If any person· idenlified pursuant to (I) above is non-profit organization or a trust. list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. NIl>. 4. Have you had more than $250 worth of business transacted with any member of the City staff. Boards, Commissions, Committees. and Council within the past twelve month? Yes _ No .x... If yes, please indicate person(s): S. Please identify each and every person, including any agents, employees. consultants, or independent Contractors who you Ilave assigned [0 represent you before the City in this matter. Fran~i~nn V;:¡~~lP7. Alil"'!;;::¡ V;::¡;f:::.QJ1P7 Rudy Gutierrez 6. Have you and/or your officers or agents, in tile aggregate, contrihuted more than 51,000 [0 a Council member in the current or preceding election period? Yes _ No x.... If yes, stale which Council members(s): · . · (NOTE: Attached additional pages as r) . · . ~ /. Date: 09-21-9R , " !!ß. :¿¡;'-;¿;.' «¿/ Signature ~on!r or/ Applicant . Print or type name of COntractorl Applicant . Person is defin~d as: 'Any individual, finn, co-partn~rship. joint venture, association, social club, frattrTw.1 organization, corporalion', estat~. truSI, receiver, syndicale. this and any other counry, ciry or country, city municipality, district, or other political subdivision, or any oth~r group or combinalion acting as a unit. <1-5 1 " '" ~ _.__..__ .·.·__.__~__.m_ ~~~ ~: ~~~~ ~---- ~~- ~ CITY OF CHUlA VISTA DEPARTMENT OF PUBLIC WORKS OPERATIONS DIVISION October 21, J 998 File 0735-10-E Subject: RECONSTRUCTION WORK AT THE INTERSECTION OF MYRA COURT AND MALTA AVENUE. On October 27, 1998, the City Council will be considering awarding a contract to rebuild the intersection of Myra Court and Malta Avenue. If approved by the Council, the work will begin· in late October or early November The work must be completed within 15 working days after construction begins In order to do the work for a reasonable cost, trallic will be prevented from traveling through the intersection for no longer than IS-minute intervals during the hours of 700 AM. and 6:00 PM In addition, the contractor will be allowed to close the intersection for no more than I-hour, once per day, between the hours of 900 A.M. and 2:00 P.M. During construction you may experience delay passing through the intersection from the IS-minute closures and the once a day I-hour closure These closure periods are necessary to allow the contractor time to do the work to complete the project without constant interruption from vehicular traffic. It will also make crossing the area with a vehicle safer for you and the construction workers. A sign will be posted after 500 P.M. the day before any I-hour closure indicating when on the following day the intersection will be closed That sign will be located at the intersection of Malta Avenue and Myra Court. Emergency vehicles will have access at all times. That means that the contractor must do whatever is necessary to allow police, fire and other emergency vehicles through the intersection. We apologize for any inconvenience that you may experience. By posting the times the intersection will be closed in advance, we hope you will be able to work around those times. If you have any questions concerning this issue, please call Bill Ullrich at 585-5636 through October 27, 1998, thereafter, Jim Biasi, Senior Public Works Supervisor at 247-7844 Your patience and understanding is truly appreciated (1~ ~. Lippitt Director of Public Works cc: Sid Morris, Assistant City Manager George Krcmpk Deputy City Manager Jim I-hlrdimrul, Fire Chicf Rick Em~s()n, Police Chicf Dave Byers, Deputy Director ol"I\lblic WorkslOpcmti(HlS Willimn A Ullrich, Senior Civill·:ng.iu\..'(:r/Public Wnrks M:lillknmlcc SUpCrll11èlhkl11 Bill Gustafson, Transit Coorùinalor 9-6 Ro~rto SDucedo, Senior Civill:llginccr C:\WrN\VOIH)\LF11TH~\1 T1Pr( M:t.'m'¡Ji:\I.1,^¡¿l{h~~~t. ,?~LlFORNIA 91910 . (619) 691-5027 - _u_..._____._ COUNCIL AGENDA STATEMENT J¿; Item Meeting Date 10/27/98 ITEM TITLE: II· Resolution / r.<.3 Y Approving Final Maps of Chula Vista Tract No. 96- 04, Otay Ranch, Village One, Neighborhoods R-l, R-2, R-4 and R-5. Accepting on Behalf of the City of Chula Vista General Utility and Access Easements and Wall Easements Granted on said maps within said Subdivisions, and approving Subdivision Improvement Agreements for the completion of improvements required by said subdivisions, and authorizing the Mayor to Execute Said Agreements ß, Resolution / j ¡J.. 35"Ãpproving Supplemental Subdivision Improvement Agreement for Tract No. 96-04, Otay Ranch Village One, Neighborhoods R-l, R-2, R-4 and R-S requiring Developer to comply with certain unfulfilled conditions of Resolution Number 18398 and authorizing the Mayor to Execute Said Agreement SUBMfITED BY' D"""" of Publi, WorlŒ ~ REVIEWED BY: City Manag~ ~ ~ (4/5ths Vote: Yes_No-XJ The tentative map for Otay Ranch, Village On and a portion of Village Five (CVT 96-04) was approved by the Council on November 19, 1996. The Council will consider the approval of four Final "B" Maps within Village One, together with the associated agreements for the "B" Maps. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council approve the Resolution approving the Final "B" Maps, the "B" Map Subdivision Improvement Agreements, and the Supplemental Subdivision Improvement Agreements. DISCUSSION: On November 19, 1996, by Resolution No. 18398, the City Council approved a portion of the Tentative Subdivision Map for Chula Vista Tract 96-04, Otay Ranch SPA One including all of Otay Ranch Village One on June 16, 1998, the City Council approved the Otay Ranch Village One "A" Map No. 1 by Resolution 19043 and the Supplemental Subdivision Improvement Agreement for that map by Resolution 19044 ("A" Map Agreement). The Final "A" Map created "superblock" lots 1,2,4 and S corresponding to Tentative Map Neighborhoods R-l, R-2, R-4 and R-S. These Neighborhoods are generally located north of Monarche Drive between Paseo Ranchero Avenue and the Village One Pedestrian Paseo. The four maps total 333 single family lots. These are the Second "B" Maps within Village One, SPA One. The Owner/Builders of Neighborhoods R-l and R-4, Shea Land Holdings L.L.C. and of Neighborhoods R-2 and R-S, Standard Pacific Corporation, have executed Subdivision Improvement Agreements and have provided bonds to guarantee the construction of the public improvements within these neighborhoods. A Supplemental Subdivision Improvement Agreement has been executed by the /O~/ Page 2, Item _ _ Meeting Date 10\6\98 two Owners and Otay Project, L.L.C., the Master Developer of Otay Ranch, Village One. The supplemental agreement covers off-site improvements within the adjacent public streets and public improvements identified in the Public Facility Financing Plan that are triggered by the approval of these fmal maps. The final maps for these subdivisions have been reviewed by the Public Works and Planning Departments and found to be in substantial conformance with the approved Tentative Map. Approval of the maps and associated agreements constitutes acceptance by the City of all assignable and irrevocable general access and utility easements and wall easements granted thereon. There are no public streets or open space to be dedicated or granted within the subdivision. The Developer has paid, in cash, its share of the development portion of the Park Acquisition and Development (PAD) fees for SPA One community parks in the amount of $249,750. The Developer has previously submitted an IOD in fee for its portion of the land acquisition obligation for community parks with the approval first final "B" Map (Neighborhood R-3, approved 10/6/98, Resolution No. 19210). The Telegraph Canyon Drainage Basin DIF in the amount of $326,336,53 has been paid. The Owner/Builders have deposited a cash bond in the amount of $199,800 to guarantee participation in the pedestrian bridge development impact fee. The conditions of approval of Resolution No. 18398 (Tentative Subdivision Tract No. 96-04) that are satisfied by the Supplemental Subdivision Improvement Agreement (SSIA) are as follows: Nos. 1,3,4,5,8,9, 10, 11,21,22,27, 28(c), and 109(4). The complete list of conditions of approval are included as Schedule 1 of the SSIA which is included as an attachment to the SSIA Resolution. None of the provisions of the SSIA included therein are considered to be significant changes from the tentative map conditions. FISCAL IMPACT: None to the City. Developer and/or builder has paid all costs associated with the proposed "B" Maps and all Agreements associated therewith. . -' Attachments: 1. Minutes of 11119/96 (Resolution No. 18398) . NOT SCANNID --, 2. Plats-Chula Vista Tract 96-04, Otay Ranch SPA One, Village 1. Neighborhood R-l, R-2, R-4 and R-5 3. Developer's Disclosure Statements H:IHOMEIENGINEERIAGENDA lOR _ RI245.DRS DRS/drs File No. 0600-80-0RI23F 1Ò- ~ OJ: /i£: i- ~tJ ATTACHMENT 1 EXCEPJ7 OF MINUTEs OF A lŒGULAR MEE'IlNG OF rm: CITY COUNCIL OF T.8E CITY OF CHUl.A VI.S:rA T=::.y, Novcmb:::" 29, 1996 Coum::il ChamiJ::s 6:10 p.m. ?t!bñ:: S<:rvi= Buiiãing (1111..9.'96) 11. A. P.ESOLTITJON J!"416 APPROVING AIŒSOURCE CO!\"'VEYA.NCE.AGREEME:l\'T FOR THE OIAY RANCH SPA ONE, TRACT 96-04 - rroi. i. 2 ~ it"", bnt dœs not remñre 2 mtblic beariJ1r) (11119/96) :R.. JŒ..<;OLTITJON 18417 ÄPl'R.OVING ..AN JNDEMNIFICAT.ION .AGREEMENT wrœ V1U.AGE DEVELOPMENT FOR TRACT.96-04 - IThi. is 8 ....!at""" it..... ÌIIIt ilœ.c; lint TbJuil1:: a < miblirr.~~) (11119/96) . C. 1'I1RTJr "HF.A l1'1Nr.: 1'CS %-04: 'CONSIDRRATION OF .A .Rt;V.c:.IW TENT.A:rrVE SUBDIVlSlONMAPFORTHE OTAYRANCHSPA ONE, TRACT 96-04 GENERALLYLOC.A:rED SOUIB: OF TELEGRAPH CANYON ROAD Ja;l w.2;Ñ'p.ASEO RANCHERO.AND THE l'W ulŒ SR.-US AUGNMENT .AND:EXCLUDING288.ACRESlN A~~<;()R.P.ARCELNUMBER (ÄPN) 642-Ðó0-11 .AND A I'ORTION OF.APN 642-080-11 - Adopt 2 5=md .Ailn....m.... 1D FEIR. 95-DJ 2Dd I"':;"'cif,y ="' 95-01;md 11= EiIstjo.ilñ-nilmn far:2 0I2y Ram:hS'A Om:;md TC!II2!Îve-SllbtiivmanMap far VïJ1a,g: Om: 2Dd P.bas: I-A ofVIDa","t:.Five m1l= Omy Ram:hSPA One, CIm1a VJS:2 Tnct 96-C4, in - accordam:: wjtj¡ the finrTin~ JIll!! subjca 1D 11= CDDdiriaas ,,,,,..;...-¡Ì :in the .Œzij: =Jutia¡i. SIaff 1"=."""",'.1. ~uv.d m1l==n1nñnn. (OI2y:Ran::h~ocrJ rmm...-n from1œJDe!:ÖDg oflll12.'96_ (11119/96) D. ~LTITJON 18398 .AD01'TlNG THE SECOND .ADDENDUM TO.AND CERTI:FTING FINAL B'VIRONMENT.AL IMP.ACT REPORT EEIR .95-Øl (SCH #95OZlO12) AND F1RST ADDENDTJM'Rl'-A noP'.I:ING THESfA'I:EMEro.'TOF OVF.RRffiING CONSIDERATIONS.AND THE MlTIGAIIONMONlTORING .ANDEEPORTING I'.ROGRAMFOR THE ÆIR.ANDAP.P.ROVING A REVISED TENT.A:rrVE SUBDIVISION MAP FOR I'ORTIONS OF THE OTA.Y RANCH SPA ONE, n:mr ·4 VISTA TRACT 96-Ø4, .AND M A lmIiG THE .NEMi'C:~A 'RV FINDINGS .AND C01\"TINmNG .ALIERNATIvE TENTATIVEMAl' I'.RÒPOSAI.S (11119/96) Jc:ny Ixmri.¡"". 0I2y P.anch Spe::ial Proj= Manager, gave:a JID " '" .rion ","=",diug the 0I2y Ranch devclopm=. Camr.;lm_n.-r :IäDócnc:aSk:d why was Secrian 7.1 of the :ag=mcm "h:m~ rc :refIc::t the :B Map level, as it was nC! Jo .,,,,,,,....iI..~ far:any other d..-vc1cp::r_ Ann Mooœ, .AcritJg ÜIy .Ancrncy, said 1ÌI2! =nilmnn of 11= rl...~cpm= agI'...-.!=Jlwas riel! rc 11= ccmãiriaas of 11= tenI:aIive map "¥!,,u..J, SDt:Ìl as Cnnmnnn 108, WÌJicil wom .iJ:and in l1:amì 'wj¡Ï¡ one æI01ÌIa_ Rnnilmg js ICgtIÍI'"..d wb::n 1h= ÍIDprovcm:::ms =: triggered by 11= PFFP_ MI_ J:amris1æ st=d 11= Ïmprov= pÏIasÍIIg ~~ñnl~ :r-..qnircd 1D be snnm;"..n will idcmiiÿ all of the badD= f:I~ilm~, :and bcf= 11= City F:n~-" approves the ÍÏm final :B map, 1haI::tmåiIion will jd::miÏy :all the =JUÏr"'..d backb= facilities, 2S wc!l as a Pl:an fur the:finam:in£.. Tæ b:at:I::b= ",..'-ñri..., would not æ tri"!!en:d by 11= - - .... conve:-anœ ofthos: 1o:s 10 2. åifferem ¥1ulT-J.'lj 0WD::r. ~ r:r::ÍE;:;;¡ poims for~ backbone ñ~r;,..;-.: OC-""1Ir WŒn!Ì1: final B map js rc~ I /¿)0 ---...- "-.------- EXCEP..PT OFJv.II'-"L'TES OF A REGULAR MEEI1NG OF THE CTIT COUNCll. !':r.=œr 19. 19% ?zz: : leI:: Lippin., DI::=r of Pubfu: Works, gave all ~..amp~ of ~ GI=, thai th..-y = iD with all ov=1J A ¡¡;ap fur !be ho-~ = and some of !be ba::kb= f,,-,tm-o. Tn...-y ~ 1:qtIin:d IC ixmrl fur tho~ = within n:= fæ:iliIies ami ~ :r--..qnired to proviåe some off-œ ÏmpIuvcIn=. Tn: City wDDid ~ !be rigÌII IC withhold imïi.ding p",-...w.:., jf th..-y w='¡ CÌOD:, and it was IC """';uu.u with on¡ l::v:I of s...~ orñi=n.... and !be growth =!:"'...". arãirütn=. Tho~ won1ån '¡ have IC be bonå:::i nmil such ~ as th..-y We!: ,,!,!.u......w.ug those ~iós. Jv<..ay¡r Borum ãiå¡¡ 't b-..ii= th..--n: v..as = all effon to hav:: !be primaty 1a:nã CJWD:!õ or å..-v-~ scII at a panj::nlar =~, and as to V/Í¡¡¡¡ is ::um:mIy beiDg proposed., tb= was :n..-ver a = to do tha: wiD;¡ EastIake or P.an::ho œ; ?~', so it may mt apply iD this simariOIL She stated !ÌI: == was ~ iD !be !:pori wh:n it ~ aDam Ii: åiñ= 5"'~ however, it is her 1IJIå..-rstaDdiD,g Û!2:! s:m im:orpu."·';!be pro!C..."!itms ¡j¡¡¡¡ the T;,r-ii;,-;-o will be ÎI!IiiI. Ms. Moore said 5=icm 7_1 shifts !be bond ~==4 to !ÌI: == b1ñià:::, ¡j¡¡¡¡ they will icr.spansib1e fur all !be 1_ 1;. "'" i':oMm;..,~ of1he mwo..h...u11mi1ðcr.. ~ wauId be ã .....,,1ottof1ssu::s and mn............ jf we wcte to J:gDirc IIIC!dIam ¡"","-" cammg 1n wiIh smaIl pr¡,~ 10 1nñld Or .........w.J. mgor ho..n..- T;,M';'-;"" SecIian 7.1 pIllS it back: 1D 1h:: master buiId=r fur the:Ïr '"'"'!" ",,;;,,-my. and it:is:b:r on,,; "'''nmg 1hat~ fur 1he b&.li..= T;,,..,ññ-< :has =:d at the A map ~. In this =. it·s bdng åtme.at the :B map =~e, except fur two ~u.= that ~ listed 1n Cauditicm 108. r."."..,"1m-ml-.r Moot as1œd jf 1h:: .........1...u11mi1d::rs wooid pmvid: !be ÌXIDIÏÏDg OI" wonJd v;¡¡.~ Devc1opm= obWn 1h:: ivmnmg bcÏm: 1he City allows a saJe to !be mcrcbam builders. Mr.. ftnn-i~b said th::rc w= :ftmr basic:items 1hat m=rled to be banIì=d prior 10 !be Ïit:5! phase of the boro~ r..,.,m;...,. ;mditjs .on;, ;~I-d jrwillDe1he...'""':!..;..........ut of1hemaster ~ An subscqn:;uthoro-= .¡;,,,,m;... will -- pmimiIIy fall1lpOll.1he bmdcn of citñ::r1he maste:r-Imiltl::r andIorthe Tt" , ~..".1mildcrs. eom-,"1m-ml-.r PaãiIJa didn'¡ 1hiDk th="W3S a tiistinc1ion th= and as far as i=ùåDg dow:n V/Í¡¡¡¡ the ohl;~rm 1~ wmüd Dc at the g¡=bui1d::r 1cvcl.. YOtI ei!hcr have a ~1..- obligation to ~"., .,,'__ 1ooP=I= of the ba::kb= f"",m;... at the A map smge or YOtl1Jav!:: 100 pb=.ul u......b OI" ICfu:f of that obligation to 1h:: "''''''''SOIS 1n jm,:¡-..st. Ms.. Moore said 1h:: nnnñmg is !be sæst guar.mtee the City = bave, and having !be þnnñm~ at the A map s:age is a = = posiIicm fur the City than doiDg it at 1aJr:r ~. Mr.. ~l';n said it"W3S staff's opiDion as lcmg as1h= W2S a Nmmnnn 1n th=.th..-y ='t ão;my B maps 0I";my å..-M"!""-" b......=:: this :has to be =1ved.. ]¡ is a siñf¡ m time, but mt a siñf¡ 1n ~ staging l=w=.u Maps A and :B. ~~h.:r Rmãoi:J:: said if we chang: !be time seqt= of this and th= is some qDCSIinn of responsibility that wiJ::¡¡ a mcn:ham imiirï..... = iD and cæmot afford that, !be master ìmÏJå::¡- ãœsn't have 1h:: =PmtSibility- H: did mtl!=the &.>u.."""-,, that the City iD::tcased its proœcticm, D=se!be ......~!mi1d= willJlOthave!be """,,w..;o !be == build= would have. Mayor .BtI!1DD. said it "WaS :b:r 11T1i1......,."ñmg :from 1he S!3ff It:pon that it is !ÌI: sale rcspcmsiiñiity of oiay Rand1 I.zd., or its ~SOIS m ~ to pl'OViœ OI" fin",,~ !be cost of the bacld>cm: .¡;,"',;,-;_ I"'!w..wd 1n ;my :final map. indnñm~ both A and B maps. Ms. Moore said it"WëS = and V/Í¡¡¡¡ S!3ff could ão to clariÏy it would 1r- to insert spccifu: i""~<>e iD S=ian 7.1 ¡j¡¡¡¡ = they sbaI! provide the bcmdiDg. . --z;- /D-1 Ð:SP.PT OFMISLTI:S OF A REGULAR MEETING OF THE crT! COUNCIL Nrr.=b::- 19, !!'S':5 p.az: ; c..""""';¡Tn-Tnh::r ?2Dilla 2SkI:d WÌJ2! w= s= of ~ po¡::mj¡¡J is=s if ~ Cny allowed !Ì:< ixmãing to b: a: :n" E III2p s:ag:, as oppos:d to ~ A III2p s:ag:. Ms.. Moore saidifycn~..quirc ~ banãing aI ~ A m.ap ""'!"'. you have 1Íc ix:mding up fumt. If something w,,"" to ~ to ~ = imilder, we wonld have ~ bonämg to go afu:r in D1ri:r to c= 1Íc impmv=. If we "<Ii¡ 1mIil.1= ~ = tÌIOIIgÏl ñI= is thaI provjsion in 1Íc aglCo.w= ¡j¡a¡ å:als with j¡¡; =ssm in mr.."T"..5!, th- is aiways !Ì:< por=iai thaI we migiII DO! b: abie to g=!"1Íc mast=!" ÍIIñirl:I" to ac:maIly == the ba:i:D= "''''';';-'', and we = '¡ ÌlaVe bonãing 2I thaI point b-..::ans: iI W2S done 2I 2. 1= Slage in è...-v-...iopm=. W" wonid tÌJ:!! =¡. to go to 1Íc .=...~ ìn1iiå=:, wiIich wonld b: ãiffi::¡¡Jr to have th: =::ñam builder <.::mally c:= major ba::i:D= ÏacÏliri:z. C[ ßTrÏrm.....~ ~ said in =åiDg 1Íc Tnmm~. ofth: PJæming Cu'''''';'';''''. ConnMñn-m;..,--clec:t Mary Saias ~. ~., -- .1 the spe:::ffi:: mn""""<1ÍIa! 1bc master builder .is ío=o::r obIigaæd to ão the ÌIac:kÌJœc În.ÏIaStI1Ic:Im shonid 1h::ymtsurvive -¡;..m,.,]';""'to became~ to 1bc ro>, 1ì<=:ÏIIfIastr=, =- and the 1ÎmÏtIg 18 the 1ssnc we're talliug 2bom, but 1Íc rea1iIy is 1hat 1bc master builder is ,~..d to be abJ= to band to do TÎnI!. ('''''''''''''''''''"'":r 1Mnñnn- said the ,~~,,;., ,.-.,'- offunåing1bc ÌI2cldJOnc -n.Mm;..., is a grc¡m:;-:risJ:. In ard::r to try to .....:' .._.,~1hatDsi:, wc~pIIt other ~r, g"·'dsj¡¡ th:~. "''-Caum:iUmsthen:spnn.m.my1:O ensure 1bæ: th: 1·· 1 ~""" ;;'Mññ.. are 1mih. Be lÏidJlOU= why 1bc oid:m1es w:::æ "h,,"~. J-._tbI::y wm:i:t! wen and prnviè=d ~rì-=- s:aÍe!!WIIŒ. Ií= said 1bc bottom line is 1hat wj¡j¡ 1bc size of the ()¡¡n. Ranch and 1Íc"!JItJÍe::æd buildom:, we - - ~ - - àan'¡l:a\': the "'".. ... Ïrom the =y:iram thaI the backDanc ~ are in piac:e, and iI will set the wrong umefarthis tù:vr-~ Ifwc.had~..dthe ~at1bc very b_~ as.dom: j¡¡ 1bcpm, we waoidn'¡l:a\': 1:0 c:amc lip w:ith a1l of 1iI= cnn';;';""'" - Ms.. Moore said ..,....,.u:iiug to 1bc d::v-..1cpm=m ag=m"""'. :if.bmguage.is.aãá::d to sp=rñ.."ny ã:aI with btmãing, iI would~ Villag=D=v-..iapm:m, and in; ""...-ssrm; in im=st, to pmviåe 1Íc bonding. Th= is aiso a provision in 1Íc ~===tÌIa!:::ùkubamSDbw.;;"..;,,,., so iIIt:qDÏI:s 1Íc 1cDàcrs to sui.u..üW.u.:, 10 the œ:v-Jopm=ut ~..",. 11 is JIŒ: 1bc same as.ilaviug 1bc banãing lip from, but th= is a provision 1ba! 1mids ViJIa.,oe D=v-..lu.l'w=1to pmviåc th: :iZ::iiiIy and 1bc ixmd. CQTTTrirm-Tnhcr Paãina said this mœ pr=œd iIsclf aI the ICgUeSt of vm~~ Thoveiopm:m.. T.n= is a =on =m",.";,..,,rty why1i:;ywamto be abJ=ms:::Il oñpa=1swilhcmmaJdngthe ::".....,->lip :iram em this size ofaSPA or at 1Íc A Map ~ imIthe qœsDcm is WÍIetb;;¡ 1haI is WÏJ3! Cœm::il"WæJIS.. The.question 11= is 1his was chan",ø:d aI 1Íc:r::g¡= of1bc::mnñr=r. th= are =ems for 1bæ: and 1bc questioniar Cmmc:il:is-whem:r orIllJt whc:u we g=! to1Íc~.~, ., ,m, and we :ioak at the 1CJIaIive:maps, whe1iiCr we will be.an<fi"1Ï, and we h2ve CUDUgÌl ~.rnnñ-.rTwj¡j¡ this Jev::l of a þUGL== There is DO qœsDcm1haI1hs: ...."""..,.in ~ staff is. . "..",....lImg is :!= se::mity to the CÏty1iæ if we :rcquin:d 1bc bauds aI th: A JDap stage_ -- · IGmlm1r..rm:y, ll975E (,""';"'nRœ.SanDicgo, CA, ''-.I'" ~ "';"g ViJJ2,gcDcvc:1~ s:aædtbaI City s:aff and v1lia¡::: Dcvciopm::m s:aff pm a lot of IÍIlIe to == 1bc JIIDbi= 1haI ...............d in St. aam: are DO! expericm=d in ~:Rzm:h. Villag=DcvI:1apmcm is =king to provide se::m:ity mn<ri.....".-wiJj¡ the PFFP, and tiIat is whc:u a]lÏlasc of d..-v::iopmem rcquÍ!:s an Ït1!provem:m in order to serve ¡j¡a¡ pD=, then ~ñ~ sc::urity has m be proviåcd. Tnc d=:ì"l'""""" ag=-=ut = thaI Village Dcvc:1opmcm is 1Íc cmity IeSpODSibi:.. As a gc:uc::ù mle when yon have a tcm2!Ïve map "±'l"u....J:, and that's WÏJ3! Village- Dcvc:1apmcm is __rmg in 1iñs h~g. 111= is WI an obligaritm in S:æ: Jaw or Conu::il poiic:y thaI an appii::ant follow-up a =xive map "±'p-'u."¡ with an A JDap. Whar is difI..wJ1 abom this proje::t is 1ÌIIDUgiI the dcveiopmcm ;agrecm::m came a proposal :from sI3ff 1hat vllb!'" Thovelu¥= b: =¡..;....; to do an A:map em th: wDoJe of Ihc SPA, viJlagI: by"ViIia,.= If yon:ioak 2I 1be c:nnll;,;""" of approval, 1it..."j' haY: m be banded at 1Íc twice their "";'-""'., wiDch is $160 millinn. If CoJm:jj were to pursue 1Íc =mon pr.¡..."1Ï::c of allowing VïIJage D=v-~~ m ão A maps on a iesser z=, ~oe Dev:icpm::nI!; wonid b: willing to provirl: the s=1ty on the ~ =oci=d witb thaI iesser:aT"'...a.. If they äo an A map on 1bc wñoie of the village ¿-- /()-5 EX' -FJ>T OFMl'-"LTES OF AP.EGUl...AR:MEE11NG OF THE ClTI' COUNCIL ~:;.~ 19. 19;..5 p-~~ er. z:: _" map OJ: U:: wDoi:: of ~ SPA.. th..-n ~ Ì>on¡fu g s=ity :rcq";'o...== be::= ~o= ¡,--=~ ~ ~r.: map is Sl:~. If you jook ar th~ WDoj~ of d..-v::jopm= agr= ÍIl ccmjun::Iim: with the t=riv~ map r~=. the CiIy is assm-..d thaI foroïn;... will ¡", imih ÍIl a Ii.rm:1y =. thc SL 02ir: c;g¡cri= will no! r.:-=. and the = of the n.roïm-. will ¡", cquiI;¡bJy siIm:d amcmgsr an ~ J"uy-_1J:::, ÍIl thc proj==-_ C""....,rm="'::r ñM.",. asked if s::¡ff N'lnciñ""TCd MI. Kì11<-Tmy's suggcstiDIl af the A map fer. a small pDIIiDIJ of ~ J'''!':''''''' 10 == the ba.::i::b~ ",,.,ïn;... w= pm of the A map. r""...,rm=bcr Moot s:au:d staffs proposal wzs a œn::r gn¡¡¡¡mrc= for the Dry. M::. ::,jppiIt rcpli::t 1r wzs CDrrc...'"L S¡¡¡ff nicd ID CDIDC IIp wiIh a m·~h"'"= thaI would = the d..'"Vciop:.. 's D=às ant; a1sD = the CiIy's compllim=.. Ri:::arIi P """I..... 5:::IÍDr 1'læmcr. won; on ...ñ staffs P' nc...., ;"" :rcganiiDg 1ic 0Iay Ram:h prl!!=t. Tlris D=ing the tim: 2IJd p1ac: as aåv::nisI:d. the pnblli: ¡,..",.;,,~ was ri.....l,.".,¡ op=n.. · William T ;"ï-.=m. 85211la!%wood:Road, CIIu\a V=, CA. Dm:cIæ: af .P1:nmm~ ami OpcrariOIlS wiIh the N",",?,m.m TIaII5ÎI:~Baani. snpponcd theJIIDjc::L Hc~.......d mn"-"':rci2IÍIlg1D guaTdcd cmri::s 2IJd ,;-".;,;.. in m: WJag::s_ · 1C:± 1¥ïTlr.m..:. .3130 Btmim:Road,CIIu\a V=. with 1'oim Bnüdcrs. ~ an bcbaIf DfW~ Coast Land Fund., ow= of the 288-= parc=l SJ"'""Î"~vïlJages 1 2IJd5. W~ Coast""¥J'U!Iò Slaif'ueo.......m;.,;on. a1thDDgh 1hcy wmiid ii1n- tD ~ Jmild :the car=pI 10 deÏI::r any "±'J"u..,b; m Village 5 m:a:iJ the CiIy.. W~ Coast:, and v,Th,gc --- I>:::...~, ~.".'-.hðv::a:n appo:mmiIy1D = and cpjarc 1ssu::s.. · Kim 1üTh.my.. .' pO''' ". ;"" vïJJæc Devclopm::D!. .>WJUUJ.1tõd staffs T" .."""....riori"" wiIh the =miDn of 6 .... _ ~ _.. _ muùi!yu.g a ponitm afthe !cw.úÏv:::map m ~oc 5 ID '0' . ""1 >ass an ofth::ir ownership m Village 5, with the cx::::pri¡m of 1WO spc::IDc pa=Js. · .. Cmmcilme:mbcr Padilla Jeft the dais at 11:11 p.m. · · · · K:mDaydcn. 11975 .El r~n Real, San Djcgo CA. ....... ., "I ;"" Villa!!C Dcvc1"l'=- !!3VC a prcs-oomorinn , ... .... - - . ~.!:.,,;;, ',I; Otay :Rm::i12IJd:rcf=cd 10 the :report by Village Devclopmctt. -" Mr. 1mr-nny . . "" ;"';....; wiIh the mœ: of the scope of the ~"" map. He;"m,...",..n Vi1Iagc ~ sapporo; s:aff ..~.,,,,,,.....rl";"" wiIh the <Í11~ì. 1IWIÌmr-orirn¡ 1hat the scope of 1ic 1::DIaIÎVe map SÌIDIIÙÌ include Village ~ c....~ m Village 5, cxc::pI fur two pa:n::Js that mnn,.,m",-1y abut W~ Cœsr J"u,¡='tY whicl¡ is Part::::1.R-29 3Dd P2r:::1 P-3. W~Coast has p:rcviaasjy ;"';;..,.,.,.rl1hcy wmiid:iilœ tD :flip a dJool Dr parle DIIIC onr ~- The po!IÎDt1 of the J'.U!,,-,'y mR--29 andP-3 whicl¡ shDuid ¡", """¡"IÌM from m:map is dW.UAiw.ady 101D 15 =s. an31npk sÏzc tD flip 1hDsc kinds ofmes, DOt that 1hcy arc .........!-'tWg Dr adv~ that, but ari::asI it provié::s the pn..m;õny_ T= D=ing DO ÍDr1ÏI::::" spcak!::rs. the pnbIic lIcari:ng was closed.. ComM""~her Moen c;presscd r-""",","" of the practical cffi= of dd.aying 1ÌI: bonding 1IDIÏi 1ÌI: B map leveL He ask::d WÍJaI ......"'........... w= m p1ac: thaI the backbom: iIIi'rnsIrm:mrc WDDld ¡", construcICè.. Mr. =~ ......w_..d thaI the ãcv-...lDpm= agr== amIaÍIls a J¡t:!t...""",,, thaI mniJ r-..Jcas:rl by the City Cctm::il, vïn.~ DcvcJ.op= is oÌ>Jigared ID provide for the bacidxmc i:nfIætro=_ Thc ãcv-...lopm::m agr= also 'f /0-,6 . EXCEPYT OFMt\."LlI:S OF A REGULAR MEETING OF THE CITY COUNCIL N=D=r 19, l~ ~5 r::. " =-> Ih~ prov'.si:m of " subor!fu:2rion agr= by ~ l:::nrl:r on ~ ". u."'..ny in Ih~ = Ih..-y takt: ml:: to ID:: ",u:o<-'.Y. they = Dcnmd by tb:: provisions of tb:: ci..-vclopm::m ¡¡gr=m""" "'-inilmg Ih~ ba::J::Don: provision. TI)..-r~ ax: z. :::mple of 1=5 of =m::s in tiñs projc=t T.ncCiry of Qn¡¡¡¡ vJm lz z. very ~ ci..-vclopm= impz.:t Î"", prog::am and ~ inIiùüng p==it that g= through ~ pro=s has to pay Îar those ci..-v"...iDpm::m impa:! 1= for z. WÌJO;'; ;arn¡y of f>-¡¡m..., and th:: DIy will con=iy 1m\': ~ flow of =-= 10 make = "2::h inåiviånaj par-..::l pay:;; Ïo:" Ì!5 :fuÏr siü= of ~ f:¡",lm... Whm both ~ ci..-v:ï= ¡¡Z~ ZDlÏ =rive = Svc are rccnrir= ~ . ~ ... ~. thz.; s=ity ~ in ri.- ÛIrough bonãing, but there are otb::r 7"--h"";<:m< 10 = comp1::Iion of the :fu::iÜ!y in a t:ÏII=iy m~~_ Corc-ï"""",~ _L ~. z.ili:d wñy 1i::: proj~:t did nO! ~ o/-'~ bUIDp5, iJ-..=c it Wal œff::::m :from 1i::: poii=,)' Comcil ~''"'"d in = mcmths. Mr_ J""""';.'" "'!'¡";,,..;¡ the ~ bumps w= IlDt provided in.r-...spcmsc 1D~ by tb:: Ex: Chief and Ori:f of 1'oñ:: who felt aI!Ý ;" ~ """ "'......10 tb:: 1Iaffic :flaw WDD1d.bimi:r their qtri:±:r:spDIISe_ Com,..;¡m-mhe! A::vy asJœd s¡¡¡ff 1D J!dãœss the jmpact ofMSCP onA Comny-widc basis on1ÏIÎS panicu1ar proj=. and 1I'1m arc me Împ2:Is of ProposiIitm218 on this proj::::t. Mr.. I.jppin said t= ~ wou1d be ÏÍ we bad the op::n spa:: disIrict to .. ..;." ,;, , the open spa:: around me villag::. ]f 1Ï!::r: arc ~ ........"",;,;..... ;v","yIhiDg privæ="wifuÏn tb:: g;ncd ,........,,,,;,y would æ 1mInm.;"_d by ~ ha!=....-=~' 'S~" '.. ;"". and it wtmId JIDt æ:ccgolæcd auIl by ProposiIion2l8.. rar tb:: pa:Drm probably along tb:: sJop:s ofTclcgn¡pi¡ Canyon Rœd and O=gc AVCIIIIC wiIh issues sm:h as åüIiœgc, those::mùd be and probably would :f:all tmd::r tb:: pnMsions of !':ro~ 218 which = tb:: miIial ~ would be s::t tip bciu<= ~ ~ iD.. ]f me l=pJ:j¡ad~ mavcd:ïmo me projectbcÏcIc the " "'~"", 1h= wanJd:ñavc to ~A vœ:. '-' Comr1rm-m"':r MoŒ =:pressed ~nn-m abom guankd ~.""""",;,;-." Ire åiã JIDt fuvar sraff's ==m.....ilmon ZDlÏ dœsn'I = the bjg âiif:r= whctb:r it has "gæe ar gu¡¡rd, """"".- tb:: am::::pr js still me =- He could no¡ s"'" V2Ïiå =sons to r::s¡¡j:;¡ any c:irizcn in. the City of ChuJa. V= irom driving in. and around tirispmicnlar area. Cann-ii~hcr RÎJJáaD:W2S N'mr-rn-ñ 1Ï1a1 gna:rå:d or gar::d WIIIIII'lllin~ s:nãs 1Ì1e :Î:IJ..a.yJ:Uu~ TnI"'I;!I;!~~ ofwha! this proj::::t was rm~ 11y c:onc::iv-..d to b:. Wbcn yon hav: miñcial ba:t:ri= and even "1i::: mcinn";on oÏ 1Ílo~ h:rrri--<. ::veIl if th::y = gwnùs Ibm: = DC! tb= dmin.g the day, j¡ = " ãiñ::I= sense of ""'hi""..... We = 1D hav: 1ÏI: prcs= 1ÌIÎS j¡; " good ..""""" ,;, j and a1l pam hav: good ¥<ot=ian and safety, DC! jnst those WÎID = m . - . tb:: . - famil .. . 'iI' 1 fu:iiity He ãid - =dcd '" . ammœm an!",__ yormgœ:r~ f"!TIn~ . notIm'Dr= - ..............'".M':'manyIŒIIL Mavor Borton· - .. gated . . and tb= . Jan::ho del Rcy '" - mmMT-n mar L,.U·'·"·"'····es were cnmmnn. 'W:I: twO areas m 'WInCD. Conn::il ãid IlDt oppos:.. T.n= arc mobili: home pam b-..Jrind garcs, becans: it js me lifcs1ylc ¡be panicu1ar mobile ham: parh w=d.. S.h: do-..sn't thinkiI j¡;aclusive; j¡ j¡; a c.hoicc and ",^,i.~,;,'g tool fortiris project. Conn",ïm-m"':r AL-ry- r::f:m-cd 1D an mi::1e ·T.nc Ncn Eden, . irom C¡¡Jif0!tIÏ2 Lawver m.~ tb.aJ: t;illœd aixnn th:: h=fus of luI.vÏDg ga¡:d com""",m..,. Earlier this evening Counci1 sp~ 2I k:n:,<>1.h :ccg¡mñng scction 7.1 of ~ dcv~ìopmcm ag:r~ and tb:: bacidJan:: ÎIIfr2S!J:uc1nn, ZDlÏ it was clear that Council åiã DC! want to = " simæion in this dcv-,jopm::m tb.aJ: was not r::quircd of other åcvc1opm=. Ire inñ;""''''d we n::::å to = tb.aJ: armmd with =!=t to gæ:s. ¡"...",,.- we hav: a1lawcd gates in oth::r pam oftb:: DIy. We hav: priv3tc siDgle-:fumily =irl= õ=vc1u¥~ with garcs in bo1ñ Eastl.akc and Rm:iw Del R..-y, and be swcd Council shon1d be con.m-nr ]f w: = going to hold Rancho åc1 R..-y .and Eastbtkc 10 Ihc sam: r.:ç¡ñr::m= on otb::r jssn::s as V1l1.~ Devclopm=. th::n w: shotùd be consist::nt and do the == with givÏI1g tb= tb:: OPP()HW""J irom " ~ =ãpoim to a1low gc¡¡rå:d portions of Ihc1r d...-vc1op:m::!11. . ." ß---- /0-7 ., -,.,.,._-_..._.._-~ . -..-.--.".--".",,-..--- ITCEF.PT OFMl'<"L'TES OF A REGULAR MEE:1'lNG OF THE CITY COUNCll.. N:r~=nb= 19. !?;-5 !--z= :: V..5C (Honon/AL-ry) 10 allow g3U cl= from dust 10 àawn, faiì<:à 2-2-1 with Moo: and RindoD' oppos<:à an.r:: Padilla abs=. (1lI19/96) MSC (AleryIHonmt) ÍD allow SIIIæ facilities gnarded from dusk ÍD ~ "i'!" u.ed 3-1-1, with Rincimre opposed an.r:: Padilla ab=. (1lI19/96) REOLUTI0N518416, 18417 A.1\ID 18398 OFRERED BY COVNCILMEMBER RINDONE, with the e=;pt;on of:akÏDg the issœ of the banning separate which is h= 12, approved 4-4-1 with 1'aàiWt absent.. (11/19196) 12. PUBLIC REARING ADOPTING OTAY RANCH P.RE-A.lI/NEXA.TIO-"l DEVELOP.MEJ\"'T AGREEMEfI.."'T WITH VILLAGE DEVELOPME!\"'T - An =-n';""""1o th= Ibo-.Jopmcn ag=.=ül to further ::"" ..,,~ mftastm::mt: jmprov= VIÏI::rc 1hf: dcvclop::-v;æm; to =,¡= ]s for sale prior to '¡;""¡;"';"~1D=fuJaI snbdIrismumap.Thc ",", ,,';,,~,ð a1so.addn:ss=;ÏiDmeprobJcmsw.iIhICgard to 3I!Y debt paJmcm IΡ¡¡! :mighI be ~ to mah pub1ic ÉIprDvcncms Dr sñou1d ÓCVI:JD1=m be cmJy paniaI1y camp1=d tm 3I!Y panicu]arJlll!icct due to 3I!Y SIIIppage of wmk ~11y due to a ÍIaDhUpIc:y 3CIian.. SI3ff ~..,,"" no;, CotmciIp1ac=1be "J'¡;"'''~ anfim-r=m..g. (DcpmyCüy ~ø:r, 1>I=ning Dïr=, and Dray Ran:ñ ~"CI") rrmñnned from the ~ of ll!12l96.. (lln9/96) ORDIN4.....cr 2691 .AMENDING OT.A:Y RANCH 1'.RE-ANNEXA.TION DEVELOPMENT AGB~"'T JSL:1 W.I:!J:J'< OTAY RANCH, LP., A CALIFORNIA LIMITED PA1ITNERSHIP, V1U.AGEDEVELOPMENT, A CALIFORNIA GENER:ALPÄRTNERSBIP,.A..'ID THE CITY OF CEIULA VlSTA (first I r_J¡.<;» (11/19196) ORDINANCE 2fí91 OFFERED BY COUNCIlMEMBER. MOOT, in. ¡...ii,' ;; ,,,:¡ññ,g the bonding Jan"øuage ÍD -- section 7..1, approved 3-1-1 with 'Rinñnn~ opposed æui Padilla abseut.. (l1ll9/96) . - --fp--I tJ - JY A TT ACHMENT 2 - CHULA VISTA TRACT NO. 96-04 0 0 OTAYRANCH 0 11 , VILLAGE 1 NEIGHBORHOOD R-l, 2, +, 5 ~ W ..J <!: U (/) N . HUNSAKER /0-9 ~~~,~?f~~S - PlANNING 'XJ17'9'........ St. 5Uœ 2DD 7 1000 0 1000 2000 3000 ENCINIBING Son "'"'" C. !IZ1ZI ~ II I stJtVEYINC 1'1I61o)558.4500'__ ;ì1:ALE," =lD..QQ' A TT ACHMENT 2.1 - CHULA VISTA TRACT NO. 96-04 0 0 N OTAYRANCH II , VILLAGE 1 NEIGHBORHOOD R-l ~ w ....J <! U VJ f::j 2 3 4 6 28 7 27 8 26 9 25 10 24 . HUNSAKER /tJ-/tJ ~ !-~,~9f~TES 200 0 200 600 400 PlANNING 1J119 turnbns St. 5IiÞ: 20IJ ~ I I I INCINIBING Son tJIoto, C. 92121 g SURvrnNC PH('19)55HSOO.FX(..._1<14 SCALE ," = 200' co . ~ ~ -C{ ('., - ~g~ 2- I - :r: Q:: vi >-' u"-c ~ ;i Lu ~l¡JQ ~ ...... IZ:~ ð ~~Q I/) §Ê >-S~ -JQ :<CS;Q) ~ :r: Q ~ Gj ~ ('.1 "- 0> '" 0 ('.1 - ~ ....¡ .>1.. 101 ~ ::r:: u '" ~ ... ~ .... E-< .... E-< ~ '" 0> ~ .... '" <0 - <0 '" ... '" '" '" ... '" '" ... ... ... "J(J"¡ ... '" <0 .... '" ... ... ... ... .... 77/1; N"t'ÐIJ~ .... '" <0 () '" .... - "- <0 '" 0 0> '" '" '" '" '" '" 9 /0-/( -- ---~._"_._.._---.._..._..,..._----_._--,- - -- _._._-'---~~- -- ·..." ,.J...........",.....y"........';. k..J - CHULA VISTA TRACT NO. 96-04 0 0 OTAYRANCH N II , VILLAGE 1 NEIGHBORHOOD R-4 ~ w ..J « u (f) N . HUNSAKER IO-IZ- ~ f~,~9~~TES 200 0 200 400 600 P1ANNlNC 10179 HIIInIebns St. Sûte 200 ~ I I I ENGlNEEIING ~ Dieco. Ca 9ZI21 SURVEYING PH(619)SS&.4SOO· FX(619)ssB.1414 /ò SCALE ," = 200' - ~ ll) ~ I â- 0::: - J:: ~ u"-c IZ:~ <:LuQ ~~Q §È >-S~ ~~Q o ~ ~ Gj <: '<t ('.I E-< '7 ~ ¡ ~ ::I: U <t: E-< ~ . ~ ~~" -~ g5~ 1/ 10-8 u u - --- -- -- -"--- ~ -- - A TT ACHMENT 3 ~ CITY OF CBt1Lc\ VISTA ÐISCLOSUJŒ STATBMEN'T Tau _ ~ to moo a -. . of DbcIømno of ca..m CIWIIODIIUp or 1IzIm:iaI __, 1'-, C ~AIII, .... -~ _IN_ _ aU -. wbIcb III!II ~ ~ __ all dII: poIft of U. City ew.:u, ~ C--~ ..s. aU CIIIb.- crftidI1 ..... touøwia¡ lAIiarzœöaD __ be .-, ~... 1_ LIII !lID _ of all...- __ a ........, .....- In !lID .........1)' t/lllcll1I CIIE aab;a of 1bo oppll_",,- or It. ec...ct. e_I.. CIWDIIr. Wi"..." Cuutracmc. 1,1 -.Jar. umaria! ~,-. Standard Pacific CorD~. A Delaware Corporation 7.. ft _ pnoø- ............. IIIIIIIaII! lit (1) aiIo'\fc II a ~ or ..-t.-.... U. !lie _ of aU IadMduaII QMIÌD IIIIIn ..... ID" of OlD 1Ibm:a. die o«paœIÏDIt or CIIIIIIÙII røy r-~mIp im::œIt In dMo ~. None - 3. If .., ...... ¡~--'...... pIIIUØI: III (1) ..... ill I _~III "IiI....~..~ CI[ a ..... U. dill _ af.., ,.,.... BWlI u dIøE:tar ofllle ~t ~."- or u _ or' 11ft""" ar U11i1Dr of 1M --- N/A 4. ø.... y.... bait _.. _ SZSI warth at....... _·-04 wiQ¡ _ -- ~dIe CI\Y mft". -.Ia. "'--'-'...., C ~, .....c.......ø. 'wiIIIia .. pi _ ~ Y_ Wo_ If,.., p\I:ue-- pmœ(1): 5. ...... tdodIfy .ell IIIIII.II¥I[)' ~ ~,..... ...... ~. amullllall, or lad.-¡ .A_ c.- -,v, <ØIID yea !lave I,HIpd ID œp.-)'IN bdn Ibr:¡ CiI:y. 1IIIIIer. JoAnn Watanabe. Standard Pacific Gre~ Linhoff, Standard Pacific Gre~ Surber, Lundstro. & Associates Ii. Have )'011 mAlor your IIt!kca or ....., m die qpea_. et1IIIr\bQœõ Ø1OI1: dum 'l,1D) ID & CoIJIICIl __ m IbD cumst or pIT''''''' ok:o:IiaII patad'l Y_ N<ùl II yes, _ wüb c-cu.1IIIiIIIIboI(I): . . . (N0l'E. AtIIIdL "'" ~ I , Sta. 0., 10/20/98 ed . lmøIlI *JIIwd a: .""" 11IIII"'*"'1.""', ~}t1bø --. ~ øriII cw., ¡r.PMJ "'P"~--" ._....' ~_ _ nwt. nøIw1r. ..,.IIIW'"<. MIl......,. ødtIIr....,. diy, ørØllllllTy. ell} IIIIIIIIc:ýIIIIII), t&tril:t. ør tJ/IÑT ~ ~ or Ø1<} t1IIwr '""'fI." "",1JItbuJIi"" ÆlÍlllIU . IIML H:III__~- , ¡:;b- lð-II -- Z:0 39\1d SIaN3~E! r P9Z:Z:Z:6Z:619 ____n.... 0P:Z:1 8661/Z:Z:/01 RESOLUTION NO. /9,,23f SUBDIVISION IMPROVEMENT AGREEMENT RESOLUTION FOR FINAL "B" MAPS R-1, R-2, R-4, AND R-5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH, VILLAGE ONE NEIGHBORHOODS R-1, R-2, R-4, AND R-5, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA GENERAL UTILITY AND ACCESS EASEMENTS AND WALL EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula vista Tract 96-04 OTAY RANCH, VILLAGE ONE, NEIGHBORHOOD R-1, and more particularly described as follows: LOT 1 OF OTAY RANCH, VILLAGE 1 "All MAP, CHULA VISTA TRACT NO. 96-04, ACCORDING TO MAP THEREOF NO. 13592 FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 24, 1998 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. Area: 23.100 Acres No. of Lots: 107 Numbered Lots: 86 Lettered Lots: 21 Open Space Lots: 5.567 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula vista sixty-two (62) foot wide general 1 J¿)/-J ~ I utility and access easements over Lots "A", "BII, "c" , and "Ð" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula vista, all as shown on this map within this sUbdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said general utility and access easements, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the city of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said sUbdivision, a copy of which is on file in the office of the city Clerk as Document No. ('õqX' /Cf1 , is hereby approved. NOW, THEREFORE, BE IT RESOLVED that the city Council of the city of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 96-04 OTAY RANCH, VILLAGE ONE, NEIGHBORHOOD R-2, and more particularly described as follows: LOT 2 OF OTAY RANCH, VILLAGE 1 "All MAP, CHULA VISTA TRACT NO. 96-04, ACCORDING TO MAP THEREOF NO. 13592 FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 24, 1998 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. Area: 13.393 Acres No. of Lots: 96 Numbered Lots: 81 Lettered Lots: 15 Open Space Lots: 3.253 Acres 2 /&/9 -,Å ----- -"-- is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula vista sixty-two (62) foot general utility and access easements over Lots "K", "LII , "Mil , "N", and "0" for installation of public utilities, noting that use of said general utility and access easements by others is subject to written permission and issuance of an Encroachment Permit from the city of Chula vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the city of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said council; that said Council has approved said subdivision map, and that said general utility and access easements as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk as Document No. ŒD9S' 19<6", is hereby approved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula Vista hereby finds that certain map survey entitled Chula vista Tract 96-04 OTAY RANCH, VILLAGE ONE, NEIGHBORHOOD R-4, and more particularly described as follows: LOT 4 OF OTAY RANCH, VILLAGE 1 "A" MAP, CHULA VISTA TRACT NO. 96-04, ACCORDING TO MAP THEREOF NO. 13592 FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 24, 1998 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF 3 //?4-3 ---.-_..~- CALIFORNIA. Area: 19.690 Acres No. of Lots: 101 Numbered Lots: 94 Lettered Lots: 7 Open Space Lots: 3.600 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista sixty-two (62) foot general utility and access easements over Lots "A", "BII , and "CII for installation of public utilities, noting that use of said general utility and access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said general utility and access easements, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that city Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on f~e in the office of the City Clerk as Document No. r òq '19 c; , is hereby approved. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that certain map survey entitled Chula vista Tract 96 - 04 OTAY RANCH, VILLAGE ONE, NEIGHBORHOOD R-S, and more particularly described as follows: 4 )¿)/? --:I LOT 5 OF OTAY RANCH, VILLAGE 1 "All MAP, CHULA VISTA TRACT NO. 96-04, ACCORDING TO MAP THEREOF NO. 13592 FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 24, 1998 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. Area: 14.866 Acres No. of Lots: 90 Numbered Lots: 72 Lettered Lots: 18 Open Space Lots: 3.676 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista sixty-two (62) foot general utility and access easements over Lots "L", "Mil, "N", "01/, and "pl/ for installation of public utilities, noting that use of said general utility and access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this sUbdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said general utility and access easements, as granted thereon and shown on said map within said sUbdivision, are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the county of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the 5 )vA ~~ completion of improvements in said subdivision, a copy of which is (f file in the office of the city Clerk as Document No. b 9%- :)~þ, is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista be, and she is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by Æ JPt .~ Clifford Swanson JWKaheny City Engineer City Attorney H:\HOME\ATTORNEY\RES09604.WPD 6 j¿J/J ~¡, /1)f¡-:ð1 /jJ~ Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "city", and SHEA LAND HOLDINGS, LLC, an Arizona Limited Liability Company, 10721 Treena Street, San Diego, California 92131, hereinafter called "Subdivider" ; N .1 1: ~L~ â â ;g :;nL:_ 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 ONE, NEIGHBORHOOD R-1 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the city of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and /ðl9- 7 WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 18398, approved on the 19th day of November, 1996 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-630 through 98-638, 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 $418,479.00. 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; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the city Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 2 ¡:u /ð/J-? 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 certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the city of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of Two Hundred Nine Thousand Two Hundred Thirty-Nine Dollars and Fifty Cents ($209,239.50) 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 from a sufficient surety, whose sufficiency has been approved by the City in the sum of Two Hundred Nine Thousand Two Hundred Thirty-Nine Dollars and Fifty Cents ($209,239.50) 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 from a sufficient surety, whose sufficiency has been approved by the City in the sum of Eleven Thousand Dollars and No Cents ($11,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the city Council at the time of 3 .$ /¿J/}-'l engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the city any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead) , and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by city and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by city, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by city as set forth hereinabove. 13. It is understood and agreed that city, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions 4 .J/' /¿J/7-/è ----------- of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the city of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a sUbdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. {NEXT PAGE IS SIGNATURE PAGE} 5 ;5 /¿;/l-// CHULA VISTA TRACT NO. 96-04 NEIGHBORHOOD R-l THE CITY OF CHULA VISTA SUBDIVIDER: Shea Land Holding, LLC, Mayor of the City of Chula an Arizona Limited Liability Vista Corporation ATTEST By: City Clerk Its Authorized Representative Approved as to form by City Attorney (Attach Notary Acknowledgment) 6 Þ /¿)/)-/ :¿ CHULA VISTA TRACT NO. 96-04 NEIGHBORHOOD R-l LIST OF EXHIBITS Exhibit nAil Improvement Security - Faithful Performance Form: Bond Amount: $209,239.50 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $209,239.50 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $11,000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2 ) years from date of City Council approval of the Subdivision Improvement Agreement. H:\home\attorney\sia\Shea 7 ;:( /¿J /l- /3 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "city", and STANDARD PACIFIC CORPORATION, a Delaware corporation, 9335 Chesapeake Drive, San Diego, California 92123-1010, hereinafter called "Subdivider"; ý!IINÆ~~ÆI!L:_ WHEREAS, Subdivider is about to present to the City Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed sUbdivision, to be known as OTAY RANCH VILLAGE ONE, NEIGHBORHOOD R-2 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the 1 g /tJ/J-/~ approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the city Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 18398, approved on the 19th day of November, 1996 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-467 through 98-473, 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 $777,078.00. 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; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform 2 ýj /ð/l-/0 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 certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of Three Hundred Eighty-Eight Thousand Five Hundred Thirty-Nine Dollars and No Cents ($388,539.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum of Three Hundred Eighty Eight Thousand Five Hundred Thirty-Nine Dollars and No Cents ($388,539) 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 Nine Thousand Dollars and No Cents ($9,000.00) 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 3 Jé} /éJd - /~ completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by city and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with city a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to 4 .¡¡-- /ð/l-17 ---"--------..------- this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by city of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the city of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. (NEXT PAGE IS SIGNATURE PAGE) 5 /","'? /ð/J ~/¿Y SIGNATURE PAGE TO STANDARD PACIFIC CORPORATION SUBDIVISION IMPROVEMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER: Standard Pacific Corporation, Mayor of the city of Chula a Delaware Corporation Vista By: Its Authorized Representative ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) 6 13 /ð/l-/9 I CHULA VISTA TRACT 96-04 NEIGHBORHOOD R-2 LIST OF EXHIBITS Exhibit II All Improvement Security - Faithful Performance Form: Bond Amount: $388,539.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $388,539.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $9,000.00 Securities approved as to form and amount by city Attorney Improvement Completion Date: Two (2) years from date of city Council approval of the Subdivision Improvement Agreement H:\home\attorney\sia\stdpac 7 If? /ð/l -..z¿) Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and SHEA LAND HOLDINGS, LLC, an Arizona Limited Liability Company, 10721 Treena Street, San Diego, California 92131, hereinafter called "Subdivider"; ÝlITN~ââ~T!L:_ WHEREAS, Subdivider is about to present to the City Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed sUbdivision, to be known as OTAY RANCH VILLAGE ONE, NEIGHBORHOOD R-4 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the city of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and 1 n 1t}/Î;2( WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by city in connection with the proposed subdivision and will deliver to city improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 18398, approved on the 19th day of November, 1996 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-647 through 98-653, 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 $470,329.00. 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; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the city Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 2 I-Þ 104 -22-- 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 certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the city of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the city of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Two Hundred Thirty-Five Thousand One Hundred Sixty-Four and Fifty Cents ($235,164.50) 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 from a sufficient surety, whose sufficiency has been approved by the City in the sum of Two Hundred Thirty-Five Thousand One Hundred sixty-Four and Fifty Cents ($235,164.50) 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 from a sufficient surety, whose sufficiency has been approved by the city in the sum of Eleven Thousand Dollars and No Cents ($11,000.00) (per private Civil Engineer's or Land Surveyor's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option 3 rr /0/7-$ of the city, as are approved by the city council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the city of Chula vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with city a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by city, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury 4 I-ð- / t)/J-;2,-1 to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the city, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the city of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the city or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. {NEXT PAGE IS SIGNATURE PAGE} 5 -If- / t);? - » CHULA VISTA TRACT 96-04 NEIGHBORHOOD R-4 THE CITY OF CHULA VISTA SUBDIVIDER: Shea Land Holdings, LLC, Mayor of the city of Chula an Arizona Limited Liability vista Company By: It's Authorized Representative ATTEST City Clerk Approved as to form by city Attorney (Attach Notary Acknowledgment) 6 ;ur /O¡J~J,b CHULA VISTA TRACT 96-04 NEIGHBORHOOD R-4 LIST OF EXHIBITS Exhibit IIAn Improvement Security - Faithful Performance Form: Bond Amount: $235,164.50 Exhibit IIBU Improvement Security - Material and Labor: Form: Bond Amount: $235,164.50 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $11,000.00 Securities approved as to form and amount by city Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. H:\home\attorney\sia\Shea.1 7 ~ /ðll~;'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 ____, 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and STANDARD PACIFIC CORPORATION, a Delaware Corporation, 9335 Chesapeake Dr., San Diego, California, 92123-1010, hereinafter called "Subdivider"; N.I1:Nß.ââß.1:!!-". WHEREAS, Subdivider is about to present to the City Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH VILLAGE ONE, NEIGHBORHOOD R-5 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with city, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into ~ /o!i-,J.,8 -------.---..- ,-~._._-_..._-_..._._. 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. 18398, approved on the 19th day of November, 1996 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the city Engineer, as shown on Drawings Nos. 98-640 through 98-646, 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 $596,479.00. 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; to do and perform or cause to be done and performed, at its own expense, without cost to city, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for ~ /of) -:29 occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the city; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Two Hundred Ninety-Eight Thousand Two Hundred Thirty-Nine Dollars and Fifty Cents ($298,239.50) 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 from a sufficient surety, whose sufficiency has been approved by the city in the sum of Two Hundred Ninety-Eight Thousand Two Hundred Thirty-Nine Dollars and Fifty Cents ($298,239.50) 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" I 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 Eight Thousand Two Hundred Dollars and No Cents ($8,200.00) (per private civil Engineer's or Land Surveyor's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "ell and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work wi thin said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by city, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof :?$-- !()/l--.30 not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by city and approved by the city Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that city, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the city, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, ~ /ofi-,3/ however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall city, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the city or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the city, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in section 66499.37 of the Government Code of the State of California. {NEXT PAGE IS SIGNATURE PAGE} :2& /()fl-.!:L- CHULA VISTA TRACT 96-04 NEIGHBORHOOD R-S IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER: Standard Pacific Corporation, Mayor of the City of Chula a Delaware Corporation vista By: Its Authorized Representative ATTEST City Clerk Approved as to form by City Attorney (Attach Notary Acknowledgment) ~7 /rJ4 -j2 --"--------.- CHULA VISTA TRACT 96-04 NEIGHBORHOOD R-5 LIST OF EXHIBITS Exhibit nAil Improvement Security - Faithful Performance Form: Bond Amount: $298,239.50 Exhibit liB" Improvement Security - Material and Labor: Form: Bond Amount: $298,239.50 Exhibit IICn Improvement Security - Monuments: Form: Bond Amount: $8,200.00 Securities approved as to form and amount by city Attorney Improvement Completion Date: Two (2 ) years from date of city Council approval of the Subdivision Improvement Agreement. H:\home\attorney\aia\stdpac.l ;;ff /~11 ~.3~ RESOLUTION NO. ) 9:< 35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 96 - 04, OTAY RANCH VILLAGE ONE, NEIGHBORHOODS R-l, R-2, R-4 AND R-5 REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBER 18398 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developers of Neighborhoods R-l, R-2, R-4 and R-5, Otay Ranch, Village One have executed a Supplemental Subdivision Improvement Agreement (SSIA) in order to satisfy Conditions 1,3,4,5,8,9,10,11,21,22,27, 28(c) and 109(4) of Resolution 18398 for Tract No. 96-04. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 96-04, a copy of which is on file in the office of the city Clerk as Document No. (\ r-,99, d/.:) / . , BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~< . John P. Lippitt Joh Kaheny ~ Director of Public Works City Attorney c: \Res\ORanch. Sup /tl ß - / /°5-6.2 /¿)!3 RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 9J.9J.0 ) ) 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 THE SECOND FINAL "B" MAPS OF VILLAGE ONE OF THE OTAY RANCH PROJECT, NEIGHBORHOODS R-1, R-2, R-4 AND R-5 (Conditions : 1, 3, 4, 5, 8, 9, la, 11, 21, 22, 27, 28(c)and 109(4) of Resolution No. 18398) . This Supplemental Subdivision Improvement Agreement ( "Agreement" ) is made this ___ day of October, 1998, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, ( "Developer" or "Grantor II) I 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 flAil attached hereto and incorporated herein (" Property") . The Property is part of the Otay Ranch, Village One SPA One, a master planned development. For purposes of this Agreement the term "project" shall also mean "Property" . Developer has applied for H: \HOME\ENGINEER\LANDDSV\OTAYRNCH\ORR.l-S. DRS J. final maps for the Property, more specifically known as Neighborhood R-1, R-2, R-4 and R-5. B. Otay Ranch L.P. conveyed title of the Project area to South Bay Project, LLC, a Delaware limited liability company on August 26, 1997, which in turn conveyed the Property, except for SPA One Planning Area R-20, to Otay Project LLC, ("Otay Project"), a venture jointly owned by South Bay Project, LLC, a Delaware limited liability company and Otay Ranch Development, LLC, a Delaware limited liability company; and Otay Project sold SPA One Planning Area R-1 to UDC Homes, DME/AEW Land Holdings Two LLC, which conveyed to Shea Land Holdings, LLC, an Arizona limited liability company, (Shea Homes) ; and Otay Project sold SPA One Planning Area R-2 to Standard Pacific Corp., a Delaware corporation on January 2, 1998; and Otay Project sold SPA One Planning Area R-3 to Cent ex Homes, a Nevada general partnership on January 2, 1998; and Otay Project sold SPA One Planning Area R-4 to DMB/AEW Land Holdings Two LLC, which conveyed to Shea Homes (Shea Homes) ; and Otay Project sold SPA One Planning Area R-5 to Standard Pacific Corp., a Delaware corporation on January 2, 1998; and Otay Project sold SPA One Planning Area R-8 to Cent ex Homes, a Nevada general partnership on April 7, 1998; and Otay Project sold SPA One Planning Area R-6 to Trimark Pacific-LXX, LLC, a California limited liability company on July 9, 1998; and Otay Project sold SPA One Planning Area R-7 which conveyed to Shea Homes (Shea Homes) ; and Otay Project sold SPA One Planning Area R-9 to PHI Otay Ranch Associates LLC, a Delaware limited liability company on June 26, 1998; and Otay Project sold SPA One Planning Area R-14 to PHI Otay Ranch Associates LLC, a Delaware limited liability company on June 26, 1998; and Otay Project sold SPA One Planning Area R-10 to DMB/AEW Land Holding Two LLC, which conveyed to Shea Homes (Shea Homes) ; and H: \HOMB\ENGINEER\LANDDEV\OTAYRNCH\ORR1-S . DRS 2 Otay Project sold SPA One Planning Area R-12 to Cent ex Homes, a Nevada general partnership on July 1, 1998; and Otay Project sold SPA One Planning Area R-13 to Cent ex Homes, a Nevada general partnership in July 1, 1998. C. Whereas Otay Project, L.L.C. is the Master Developer who has obligated itself to construct public improvements under the terms of the Tentative Subdivision Map and the Re-stated and Amended Pre- Annexation Development Agreement, (Ordinance No. 2695) D. Developer and/or Developer's predecessor in interest has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 96-04 ("Tentative Subdivision Map") by Resolution No. 18398 ("Resolution") for the subdivision of the Property subject to certain conditions as more particularly described in the Resolutions. The conditions are attached hereto as Schedule "1". E. City is willing, on the premises, security, terms and conditions herein contained to approve final maps of the property known as Neighborhood R-1, R-2, R-4 and R-5, 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 defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. For purposes of this Agreement, "Final Map" means each and every final map for Neighborhoods R-1, R-2, R-4 and R-5 of Otay Ranch Village One, SPA One. b. "commencing construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. c. "complete construction" means when construction on said improvement has been completed and the City accepts the improvement. d. "Developer" means Otay Project, L.L.C. and any and all owners of real property within the boundaries of the Property. e. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. H: \HOMS\ENGINEER\LANDDEV\OTAYRNCH\ORR1- S. DRS 3 h. "PFFP" means the SPA I Public Facilities Financing Plan adopted by Resolution No. 18286 as may be amended from time to time. i. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as may be amended from time to time. j. ""A" Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One "A" Map adopted by Resolution No. 19044. k. "First Final "B" Map Agreement" means the Supplemental Improvement Agreement for the Village One Neighborhood R-3 Map adopted by Resolution No. 19212. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. Otay Project, LLC, signator to this Agreement, represents to the City that it is acting as the Master Developer for this Project and expressly assumes performance of the obligations set forth in paragraphs 8, 9, 10, 11, 21, 27, 28(c) and 109(4)of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. 2. 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 Property 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. 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 H, \HOME\ENGINEER\LANDDBV\OTAYRNCH\ORR1- 5. DRS 4 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. Developer must obtain the 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. 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 H, \HOME\ENGINEER\LANDDEV\OTAYRNCH\ORR1-S. DRS 5 ,_ _ __'__ ....__ .~. ___m._.__'_' ..__._,.___~.,_____________ Manager (or Manager's designee) which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No. 1 - (General Preliminary). In satisfaction of Condition No. 1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Financing Plan (npFFpn), Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, as may be amended from time to time, and shall remain in compliance with and implement the terms, conditions and provisions of said documents. 4. Condition No.3 - (General Preliminary). In satisfaction of Condition No. 3 of the Resolution, Developer agrees that if any of the terms, covenants or conditions contained within the Resolution 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 deny the issuance of building permits for the Project, 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 applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 5. Condition No.4 - (General Preliminary). In satisfaction of Condition No. 4 of the Resolution, Developer agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorneys' fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No.5 - (General Preliminary). In satisfaction of Condition No. 5 of the Resolution, Developer hereby agrees, that Developer shall comply with all the applicable SPA conditions of approval. H:\HOME\ENGINEER\LANDDEV\OTAYRNCH\ORR1~5.DRS 6 7. Condition Nos. 8, 9, 10 and 11 - (Conveyance Obligation) . In partial satisfaction of Condition Nos. 8, 9, 10, and 11, the Developer agrees as follows: a. The Developer provided the City with an Irrevocable Grant of Fee Title, of 245 acres of real property in accordance with the RMP2, a portion of which 245 acres is intended to satisfy the particular acreage conveyance obligation of the Final Map at a rate of 1.188 acres of conveyance per acre of area within the Final Map, as of the date of this Agreement, but such obligation may be subject to change in accordance with paragraph "CII. Any remaining amount shall be credited towards any future map obligations. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner Manager. Should the Preserve Owner Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP2, as may be amended by City. Developer acknowledges that the amended RMP2 may contain a conveyance formula greater than 1.188 acres per developable acre. d. That all land to be conveyed as described above shall be free and clear of liens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope areas shown on the "A" Map. 8. Condition No. 21 and 22 - Public Street Improvements. In partial satisfaction of Condition Nos. 21 and 22 of the Resolution, the Developer agrees to the following: 8.a Improvement Work. Developer agrees to construct the street improvements and land development work in and adjoining said H, \HOME\ENGINEER\LANDDEV\OTAYRNCH\ORRl-5. DRS 7 subdivision and as shown on the Drawings set forth on Exhibits "B" and "B-1" ("Street Improvements"), at its own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. Developer shall complete construction of the Street Improvements on or before the earlier of the second anniversary date of Council approval of this Agreement or, if prior to Council approval of this agreement, a construction permit was issued for any portion of said Street Improvement, then construction on that portion for which a permit was issued shall be completed on or before the second anniversary date of issuance of said permit. It is expressly understood and agreed to by Developer that, in the performance of construction of said Street Improvements, Developer shall conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. S.b. Bonding. i. Developer agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "B", which security shall guarantee the faithful performance in connection with the installa- tion of the Street Improvements as shown on Exhibit "B". ii. Developer agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "B" to secure the payment of material and labor in connection with the installation of said Street Improvements, which security is shown on Exhibit "B". iii. Developer agrees to furnish and deliver to the City simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, except as set forth herein, an approved Letter of Credit whose sufficiency has been approved by the City in the sum set forth on Exhibit "B-1" to guarantee the faithful performance of and secure the payment of material and labor in connection with the installation of said Street Improvements as shown on Exhibit "B-1". H: \HOMB\ENGINEER\LANDDEV\OTAYRNCH\ORR1- s. DRS 8 City agrees that it will release the Letter of Credit should another developer acceptable to the City, furnish and deliver to the City an approved improvement security froma sufficient surety, whose sufficiency has been approved by the City in the sum set forth on Exhibit "B-1" which security shall guarantee the faithful performance of and secure the payment of material and labor in connection with the installation of said Street Improvements as shown on Exhibit "B-1 ". iv. Developer acknowledges and agrees that if the Street Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Street Improvements in accordance with those approved plans and specifications contained on Exhibit liB II, or at the option of the City, for those improvements shown on Exhibit liB" that are less than, but not greater to, the sums provided by said improvement securities. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer or its successors in interest, pursuant to the terms of the improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. S.C. Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor. S.d. Plan Check fees and Additional Costs. It is further understood and agreed by Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Street Improvements plans and installation of Street Improvements described above, as required by City and approved by the City Engineer shall be paid by Developer, and that Developer shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. S.e. Maintenance Costs. Developer understands and agrees that until such time as all of the Street Improvements as H, \HOME\ENGINBER\LANDDEV\OTAYRNCH\ORR1- 5. DRS 9 covered by any particular bond are fully completed and accepted by City, Developer shall be responsible for the care, maintenance of, and any damage to, such streets and any alleys, easements, water and sewer lines. It is further understood and agreed that Developer shall guarantee all of the Street Improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Developer, its agents or employees in the perfor- mance of this Agreement, and that upon acceptance of the work by City, Developer shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 8.f. Indemnification. Developer further understands and agrees that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Developer, its agents or employees, or indemnitee, related to the construction of the Street Improvements. Developer further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Developer, its agents or employees, or indemnitee, related to the construction of the Street Improvements; the approved improvement securities referred to above shall not cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said Street Improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modifica- tion of the point of discharge as the result of the construction and maintenance of the Street Improvements and the drainage systems. The approval of plans for the Street Improvements and related improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the Street Improvements and related improvements. The provisions of this paragraph shall become effective upon the execution of this Agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the Street Improvements. 9. Condition Nos. 27 - (Street Trees). In partial satisfaction of Condition No. 27 of the Resolution, Developer, upon request of the Director of Planning and Building, shall plant trees within all street parkways which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation H, \HOME\BNGINEER\LANDDEV\OTAYRNCH\ORR1-S. DRS 10 system shall be provided from each individual lot to the adjacent parkway. Developer shall submit a separate street tree improvement plan which includes the final selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramps, for the approval by the Director of Planning and Building and the City Engineer within twenty (20) days of the approval of the Final Map. Developer understands that the City may withhold the issuance of building permits within the Final Map if the street tree improvement plan is not submitted within said twenty (20) day period. 10. Condition Nos. 28 (c) and 109(4) - (Pedestrian Bridges). In satisfaction' of Condition Nos. 28 (c) and 109(4) of the Resolution, Developer acknowledges and agrees that by the provisions of this paragraph City is not waiving Developer's obligation and duties with reference to Condition No. 28 (d) as set forth in the "A" Map Agreement and that City retains the right to require Developer to provide cash or security to guarantee the Property's fair share of the pedestrian bridges as referenced in the "A" Map Agreement. Developer further acknowledges and agrees that the "pedestrian bridge" concept is an integral element of the Project's Village Design Plan. Developer has requested that a Development Impact Fee ("DIF") be established to finance the construction of the pedestrian bridges. In partial satisfaction of Condition Nos. 28 (c) and 109(4) of the Resolution, developer hereby agrees that concurrent with execution of this Agreement, the Developer shall provide the City with cash equal to the estimated DIF amount of $600.00 times the number of dwelling units each within the Final Map and as set forth in Exhibit IIC". For purposes of this paragraph, "dwelling unit" refers to a numbered lot on the Final Map. This represents the Final Map's fair share, of the cost of construction of the pedestrian bridges connecting Villages One to Two, Villages One to Five, and Villages Five to six. If a DIF mechanism is adopted by the City Council which is less than $600.00 per dwelling unit, once the statutory period for challenging the DIF has expired without a challenge to the DIF, the City agrees to refund the Developer the difference between the cash provided herein and the actual DIF requirement for the Final Map. If the amount of the DIF is more than $600.00 per dwelling unit, Developer agrees to pay the difference on a prorated basis, with each building permit remaining to be issued for the Final Map or should no further building permits be required for the Final Map, payment shall be in total within five days of City's request for payment. Developer further understands and agrees that the City may use the funds so collected to refund any developer who constructs the pedestrian bridges. Developer acknowledges that if no DIF mechanism is established for any reason, the City has the right to retain the cash deposit to use for the construction of said pedestrian bridges and that Developer shall pay the City any difference between the Final Map's H, \HOME\ENGINEER\LANDDEV\OTAYRNCH\ORRl ~5 . DRS 11 fair share of the actual total costs incurred to construct the pedestrian bridges and the amount paid herein. Developer further understands and agrees that the City may use the funds so collected to refund any developer who constructs the pedestrian bridges. Developer understands and agrees that subsequent final maps for the Property may require further compliance with Condition Nos. 28(c) and 109(4) including paying a like amount or bonding for said pedestrian bridges. 11. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Conditions: 1, 2, 3, 4 and 5 of the Resolution and partial satisfaction of Condition Nos. 8, 9, 10, 11, 21, 22, 27, 28(c)and 109(4). 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 final maps for the Project, as may be appropriate. 12. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 13. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement or the First Final "B" Map Agreement. This Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement, the First Final "B" Map Agreement and of the Tentative Map 96-04 conditions applicable specifically to the Final Map for the Property. 14. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 15. 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 Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building permits within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. 16. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this H: \HOMS\SNGINEER\LANDDSV\OTAYRNCH\ORR1-S. DRS 12 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: Director of Public Works Developers: Otay Project, LLC 11975 EI Camino Real, Suite 104 San Diego, CA 92130 Attn: Kim John Kilkenny Fax (619) 259-4364 South Bay Project, LLC 191 West Wilbur Road, Suite 102 Thousand Oaks, CA 91360 Attn: David Green Fax (805) 379-4472 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; Exhibits. Any recitals and exhibits set forth above are incorporated by reference into this Agreement. H: \HQME\ENGINBBR\LANDDEV\OTA'iRNCH\ORR1-S .ORS 13 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] H, \HOME\ENGINEER\LANDDEV\OTAYRNCH\ORRl-5 .DRS 14 [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-l, R-2, R-4 AND R-5 OF THE OTAY RANCH, VILLAGE ONE SPA One] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Mayor of the City of Chula Vista Attest: Beverly Authelet City Clerk Approved as to Form: f~0t~<~ City Attorney [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] H,\HOMB\BNGINEBR\LANDDEV\OTAYRNCH\ORR1-S.DRS 15 [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-l, R-2, R-4 AND R-S OF THE OTAY RANCH, VILLAGE ONE SPA One] DEVELOPER: OTAY PROJECT,LLC a Delaware limited liability company By: Otay Ranch Development, LLC, a Delaware limited liability company By: Its: SOUTH BAY PROJECT, LLC, a Delaware limited liability company By: Name: Title: SHEA LAND HOLDINGS, LLC, an Arizona limited liability company, By: Shea Homes Limited Partnership, a California limited partnership Member By: J.F. Shea Co., Inc. , a Nevada corporation, Its General Partner By: STANDARD PACIFIC CORP., a Delaware corporation By: Its: Authorized Representative H,\HOME\ENGINEER\LANDDEV\OTAYRNCH\ORR1-S.DRS 16 (ATTACH NOTARY ACKNOWLEDGMENT) H:\HOME\ENGINBER\LANDDEV\OTAYRNCH\ORRl-5.DR$ 17 EXHIBIT "A" DESCRIPTIONS OF PROPERTY OF FINAL MAPS FOR NEIGHBORHOODS R-1, R-2, R-4 AND R-5, RESPECTIVELY LOT 1 OF OTAY RANCH, VILLAGE 1 "A" MAP, CHULA VISTA TRACT NO. 96-04, ACCORDING TO MAP THEREOF NO. 13592 FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 24, 1998 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. LOT 2 OF OTAY RANCH, VILLAGE 1 "A" MAP, CHULA VISTA TRACT NO. 96-04, ACCORDING TO MAP THEREOF NO. 13592 FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 24, 1998 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. LOT 4 OF OTAY RANCH, VILLAGE 1 "A" MAP, CHULA VISTA TRACT NO. 96-04, ACCORDING TO MAP THEREOF NO. 13592 FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 24, 1998 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. LOT 5 OF OTAY RANCH, VILLAGE 1 "A" MAP, CHULA VISTA TRACT NO. 96-04, ACCORDING TO MAP THEREOF NO. 13592 FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 24, 1998 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. /2/ / ., " EXHIBIT "B" STREET IMPROVEMENTS CHULA VISTA TRACT NO. 96-04 VILLAGE ONE, SPA ONE ...............,....'-.....,....'.....:.....'.....:..,", .......................... ............................ ............-................,......-.'...-....,.....,", ............................ ...-.....-........................................,..'.. ............................ ~r¡¡I¡;¡t ...........................-..........................," ::Nµ!fjþ~t¡W Paseo Ranchero: Telegraph Cyn. 98-722 Road to East $296,758.00 N/A to Palomar Street 98-750 Landscape Improvements East Palomar 98-479 St.: $972,146 N/A Landscape to Improvements 98- 516 Monarche 98- 762 Drive: $172,583.00 N/A to Landscape 98-786 Improvements Santa Ynez 98-331 Avenue: $982,000.00 7/13/98 to Backbone Utilities 98-347 /9 EXIDBIT "B-1" STREET IMPROVEMENTS CHULA VISTA TRACT NO. 96-04 VILLAGE ONE, SPA ONE i!¡!I lì~I'~'1~~I¡!i¡lilii~~¡¡ .I~~'il ..................................... Otay Lakes Road/ $100,000 Telegraph N/A N/A Canyon Road Letter of Credit Intersection Improvements :2ú EXHIBIT "C" Pedestrian Bridge Cash Deposits Condition No. 28(c) and 109 (4) CHULA VISTA TRACT 96-04 VILLAGE ONE - PHASE 2B R-1 86 $51,600 R-2 81 $48,600 R-4 94 $56,400 R-5 72 $43,200 (?/ -_.._--_.~_._._-----_._-_._- Unless otherwise specified or required by law: (a) . the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning, Parks and Recreation, and the City Engineer (b) . unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. Comply with all requirements and guidelines of the Parks, Recreation Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, 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. 2. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". 3. 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 applicant 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. SCHEDULE "111 c2d, 4. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project and/or any or all entitlements and approvals issued by the City in connection with the Project. 5. The applicant shall comply with all applicable SPA conditions of approval. 6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. 7 . The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. 8 . The applicant shall comply with the terms of the Conveyance Agreement, adopted by Resolution No. 18416 by the City Council on October 22, 1996 (" Conveyance Agreement") . ENVIRONMENTAL 9 . Prior to approval of each final liB II Map, the applicant shall implement all applicable mitigation measures identified in EIR 95- 01, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. C096-0S6) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. C096-0S7) . 10. Prior to the approval of each final liB I! Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996 and as may be amended from time to time by the City. 11. Prior to the approval of each final IIBII Map, the applicant shall comply with the Otay Ranch Resource Preserve in lieu fee program to be adopted by the City Council. 12. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. DESIGN 13 . The secondary access in the southern portion of Neighborhood R-30 shall be surfaced with "grass-crete", "turf-block" or some other comparable material unless otherwise approved by the Planning SCHEDULE "1" ~3 -~-~..._....._._.._-_.._. -.------- . ---_.~- Director and Fire Chief. Bollards shall be provided instead of the locking gate noted on the map. The bollards shall be located closer to the terminus of the cul-de-sac (Parker Mountain Road), rather than adjacent to Santa Rosa Drive. 14. Any proposed monumentation/signage shall be consistent with the Village Design Plan and shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. 15. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to_soften their appearance as follows: one 5-gallon or larger size tree per each 150 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. 16. A comprehensive wall plan indicating color, materials, height and location shall be reviewed and approved by the Planning Director prior to approval of any final liB" Map. Materials and color used shall be compatible and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East Orange Avenue and Pas eo Ranchero, shall be prepared prior to submittal of the wall plan indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of the following streets: Parker Mountain Road, Geyserville Street, Jamestown Drive, Moss Landing Avenue, porterville Court, Firebaugh Court, Street C4, San Dimas Court, Hanford Court, Rocklin Court, Colton Court, Rincon Point, Santa Inez Avenue, Traver Court, Vernon Court, Lindsay Street, Applegate Street, and Dunsmuir Court. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and free standing walls. Said SCHEDULE "1" ~f' ~m_~.u detail shall be reviewed and approved by the Director of Planning prior to the approval of the first final map. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 17. Lots backing or siding onto pedestrian paseos or parks shall be provided with view fencing, such as three feet of wrought iron on top of a three foot masonry wall, subject to approval by the Fire Marshal and the Planning Director. 18. Should the applicant propose an amendment to the Otay Ranch General Development Plan to reduce density within the Village Cores at some time in the future, the provision of additional alley product shall be analyzed and considered concurrently with said amendment. 19. The Design Review Committee shall review and approve the elevations of all homes backing and siding onto Telegraph Canyon Road in Neighborhood R-5. 20. A minimum of thirty percent of all 55 x 105 feet lots in each final map shall be provided with Hollywood driveways. The applicant agrees to process an amendment to the Planned Community District Regulations for SPA One to reflect said requirement. STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 21. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the applicable liB It Map, the applicant shall enter into an agreement to guarantee the construction of all street improvements as required by the PFFP for each particular phase. 22. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct full street improvements for all on-site and off-site streets deemed necessary to provide service to the subject subdivision. Said improvements shall include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing and fire hydrants. Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design SCHEDULE "1" C??S -~--_.._-----_._--~_. -, ,--- -- Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. Should the City Engineer deem that the construction of sidewalks along the offsite portions of East Orange Avenue and East Palomar Street west of Paseo Ranchero is not necessary to provide service to the subject subdivision, their construction may be delayed. The developer shall dedicate on the appropriate final liB" Map, the right-of-way to extend Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston Avenue and Grayson Court to the easterly subdivision boundary of Village One. The City Engineer and the Planning Director may waive this requirement if it is demonstrated that a street does not need to be extended to provide access to the adjacent property. Unless otherwise approved by the City Engineer, the developer shall provide a cul-de-sac at the end of all proposed street stubs along the subdivision boundary. The City Engineer may approve the installation of a temporary turnaround at the end of those streets that might be extended in the future to provide access to the adjacent property. 23. In accordance with the pre-annexation Development Agreement the developer shall grant to the City fee title to the right-of-way for SR 125. Said right-of-way shall be contained in a lot granted to the City for open space, transportation and other public purposes. The right-of-way shall be granted at such time as requested by the City. 24. As part of the improvement plans associated with the final "B" Map which triggers the installation of the related street improvements, install a fully activated traffic signal including interconnect wiring at the following intersections: a. East Palomar Street and Paseo Ranchero b. East Palomar Street and La Media Road c. East Palomar Street and East Orange Avenue d. East Orange Avenue and Paseo Ranchero e. East Orange Avenue and La Media Road SCHEDULE "1" c;;<6 ----~ ------~-_._~ Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 25. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 26. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual. 27. Plant trees within all street parkways which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning, Parks and Recreation and Public Works. The applicant shall provide root control methods per the requirements of the Parks and Recreation Director and a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway. The improvement plans, including final selection of street trees, for the street parkways shall be approved by the Directors of Planning, Parks and Recreation and the City Engineer. 28. Enter into an agreement with the City, prior to approval of the first final nAil Map, where the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. c. Fund its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six as determined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the financing mechanism to be used to fund said cost. SCHEDULE "1" ~7 - - - - - --~ - - _.._-_..--,.~.-- -- -- - -'----- . 29. Grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the approved Tentative Map. Said right-of- way shall be contained in lots granted to the City for open space, transportation, and other public purposes. Said lots shall not extend across street intersections unless approved by the City Engineer. Include said lots in an open space district. 30. Guarantee the construction and enter into an agreement to construct the pedestrian bridge connecting Village One to Village Five in accordance with improvement plans approved by the City prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. The developer shall be responsible for the construction of said bridge and may seek, with the concurrence of the City, repayment from other benefiting property owners through a reimbursement district. 31. 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, only after construction has commenced. 32. Prior to approval of any final map that requires the construction of Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway") , in order to access the final map property, the developer shall accomplish the following: a. Obtain all permits and agreements with the environmental regulatory agencies required to construct the "Temporary Roadway" . b. Obtain a construction permit from the City approving the necessary modifications to the existing improvements in Telegraph Canyon Road including the provision of a fully activated traffic signal as directed by the City Engineer. c. Enter into an agreement where the developer agrees to: (1) Perform the following: (a) Restore the median improvements and remove the traffic signal as directed by the City Engineer to provide only right-in/right-out SCHEDULE "III ~?? --."-- ,.----..--- access at said intersection. This work shall be performed at such time as La Media Road between Telegraph Canyon Road and East Palomar Street is opened for public use. (b) Remove to the satisfaction of the City Engineer the remaining "Temporary Roadway" improvements required to close said intersection, at such time as a permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. (2) Restore the Telegraph Canyon Road improvements and regrade the area to be consistent with the streetscape of Telegraph Canyon Road and the drainage channel as directed by the City Engineer and Director of Parks and Recreation. (3) Install signs as directed by the City Engineer, indicating that the "Temporary Roadway" will be closed once the permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. (4) Provide a Notice in any residential disclosure document that the "Temporary Roadway" will be closed once the permanent road connecting Filmore Street in Village One to East Orange Avenue is opened for public use. (5) Provide security acceptable to the City in the amount determined by the City Engineer to guarantee the following: (a) Restoration of the median improvements and removal of the traffic signal required to provide only right-in/right-out access at said intersection. Said bonds shall be provided prior to approval of the final map requiring the construction of La Media Road between Telegraph Canyon Road and East Palomar Street. (b) Removal of the remaining temporary improvements required to close said intersection and restoration of the area as directed by the City Engineer and Director of Parks and Recreation. Said bonds shall be SCHEDULE Ill" ¿)'7 posted prior to approval of the final map for Village One Core or any unit thereof. (6) Provide for all costs associated with the vacation of the "Temporary Roadway" 33. As part of the improvement plans associated with the first final "B" Map which triggers the construction of Paseo Ranchero, La Media or Santa Paula Drive, provide the necessary modifications to the applicable existing traffic signals including interconnect wiring at the following intersections: a. Telegraph Canyon Road at St. Claire Drive b. Telegraph Canyon Road at Otay Lakes Road c. Telegraph Canyon Road at Paseo Ranchero Install underground improvements, standards and luminaries with construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 34. Include the right of way for the proposed "Temporary Roadway" (Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill Drive) in a separate lot. In the appropriate final IIBII Map, as determined by the City Engineer, grant said lot in fee to the City for open space, transportation, and other public uses. 35. Guarantee the construction and enter into an agreement to construct, prior to the approval of any final liB II Map for Neighborhoods R-15, 16, 17, 18, 19, CPF-1, 2, 3, C-1 or 2 or any unit thereof, the construction of a permanent public road connecting Filmore Street in Village One to East Orange Avenue as depicted on the Tentative Map. This road shall have a right-of-way width of 40 feet and be designed and constructed to City standards for residential streets except that it shall have a width (curb to curb) of 26 feet and sidewalk only on one side. 36. Provide (1) twenty feet setback on driveways from property line to garage and (2) sectional roll-up type garage doors at all properties fronting on streets where cul-de-sacs are 150 feet or less in length except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Planning Director. 37. Not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the SCHEDULE nlll 3¿J prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: (1) Apply for an encroachment permit for installation of the private facilities within the public right- of-way. (2) Maintain membership in an advance notice such as the USA Dig Alert Service. (3) Mark out any private facilities owned by the developer whenever work is performed in the area. 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. 38. Grant on the final "B" Map containing the proposed connection to EastLake Parkway (between the two existing Otay Water District parcels) a 60-foot wide easement for street right-of-way and other public purposes along said connection. Prior to approval of the same map the developer shall guarantee the construction of the following improvements within said 60-foot wide easement: a. Pedestrian, cart and bicycle improvements as determined by the City Engineer and Planning Director. The improvement plans shall be prepared in such a way as to not preclude the option of providing street improvements for vehicular access in the future. b. Vehicular access improvements to the existing Otay Municipal Water District parcels as determined by the City Engineer and the Otay Municipal Water District. 39. Grant on the final "B" Map containing the paseo between Neighborhoods R-8 and R-9 a 60-wide easement for street right-of- way and other public purposes. The paseo improvements shall be constructed within said easement. Prior to approval of the same final map the developer shall accomplish the following: SCHEDULE "111 3/ a. Guarantee the construction of the pas eo improvements (if public) as directed by the Director of Planning, Director of Parks and Recreation, and City Engineer. b. Enter into an agreement with the City where the developer agrees to construct street improvements for vehicular access within the 60-foot easement in accordance with improvement plans approved by the City Engineer if vehicular access is needed in the future. 40. Include in separate lots the right-of-way required to accommodate the future grade separation at the intersections of (1) Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue and Paseo Ranchero. These lots shall be granted in fee to the City for Open Space, transportation, and other public purposes on the appropriate final "BI! Map, as determined by the City Engineer. 41. Residential Street Condition A as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, excluding the alley product, unless otherwise approved by the City Engineer and Planning Director. 42. The applicant shall submit a conceptual design for the bridge connections between Village One and Village Five which indicates materials, height, location, etc. Said design plan shall be reviewed and approved by the Planning Director prior to approval of the final "BI! Map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. 43. Requested General Waivers 1, 2, and 3 and Specific Waiver 3, as indicated on the cover sheet of the tentative map, are hereby approved. Specific Waivers 1 and 2 are approved subject to the condition that one-way circulation be provided at the north-south streets adjacent to parks P-4 and P-S, unless otherwise approved by the City Engineer. 44. The applicant shall submit and obtain approval from the City Engineer and the Planning Director of a final conceptual design of the proposed traffic circles prior to approval of the first final IIBII Map. The developer shall submit striping, signage and landscape plans for all traffic circles indicated on the tentative map. In the event the traffic circles are not approved, some type of alternative enhanced landscaping and/or entry statement at those intersections acceptable to the City Engineer and the Planning Director, shall be identified prior to approval of the first final liB" Map. SCHEDULE "111 3,;;.. ..' 0" _".~__......_____..____...__,_"... 45. Right-of-way for the light rail transit line shall provide for spiral curves as required by MTDB and approved by the City Engineer. 46. Unless otherwise approved by the City Engineer, the developer shall provide sewer stubs extending to the easterly subdivision boundary of Village One at the following locations: (1) all the street stubs proposed along said boundary, and (2) at those locations where right-of-way dedication is required to extend Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road, Applegate Street, Livingston Avenue and Grayson Court to said subdivision boundary. 47. Prior to approval of the first final IIBII Map the developer shall submit and obtain the approval of the City Engineer of a design study of the connection of the sewerline shown on the tentative map as ending at the northerly end of Gold Run Road to an approved public sewer system. GRADING AND DRAINAGE 48. Provide a setback, as determined by the City Engineer, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer shall not approve the creation of any lot that does not meet the required setback. The developer shall submit notarized letters of permission to grade for all off-site grading. 49. Submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations unless otherwise approved by the City Engineer. 50. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 51. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less than the present 100-year frequency runoff. 52. Provide lias built" improvement and storm drain plans in DXF file format to the satisfaction of the City Engineer. SCHEDULE "1" 3-3 --_._~--- -- ----- _..__.~_._--- 53. Grant on the appropriate final liB" Map a 15 feet minimum drainage and access easement for storm drain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 54. Prior to approval of (1) the first final liB II Map or grading permit for land draining into the Poggi Canyon or (2) the first final liB It Map or grading permit which requires construction of Santa Madera between Telegraph Canyon Road and Morgan Hill Drive ("Temporary Roadway") , the developer shall: a. Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer as follows: (1) Runoff detention/desilting basin and naturalized channel in Poggi Canyon; or (2) Runoff detention Basin in Telegraph Canyon Channel The City Engineer may approve that these facilities are constructed at a later time if the developer provides private temporary runoff detention basins or other facilities, approved by the City Engineer, which would reduce the quantity of runoff from the development to an amount equal to less than the present 100 year flow. Said temporary facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. Prior to issuance of any grading permit which approves any temporary facility, the developer shall enter into an agreement with the City to guarantee the adequate operation and maintenance (0 & M) of said facility. The developer shall provide security satisfactory to the City to guarantee the 0 & M activities, in the event said facilities are not maintained to City standards as determined by the City Engineer. The developer shall be responsible for obtaining all permits and agreements with the environmental regulatory agencies required to perform this work. b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the applicable facilities. Said program shall be subject to approval of SCHEDULE "1" 3f' the City Engineer, the Director of Parks and Recreation, and the applicable environmental agencies. c. Enter into an agreement with the City of Chula Vista and the applicable environmental agencies (Fish and Game, Fish and wildlife) wherein the parties agree to implement the maintenance program. d. Enter into an agreement with the City where the developer agrees to the following: (1) Provide for the maintenance of the proposed detention basin in Telegraph Canyon and the proposed naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. (2) Provide for the removal of siltation in the Telegraph and Poggi Canyon Channels (including detention basins) until all upstream grading within the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. (3 ) Provide for the removal of any siltation in the Telegraph and Poggi Canyon Channels (including detention basins) attributable to the development for a minimum period of five years after maintenance of the facility is assumed by the City or an open space district. 55. Enter into an agreement with the City, prior to approval of the first final liB" Map or grading permit for land draining into the existing Telegraph Canyon Channel, where the developer agrees to perform the following activities within the portion of said existing channel extending from Paseo Ladera to the eastern subdivision boundary: a. Provide for the removal of siltation until all upstream grading within the development is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. SCHEDULE "1" 35 .--~ -- b. Provide for the removal of any siltation attributable to the development for a minimum period of five years after maintenance of the channel is assumed by the City or an open space district. 56. Ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property and vice versa. 57. Provide a graded access (12 feet minimum width) and access easements as required by the City Engineer to all public storm drain structures including inlet and outlet structures. Improved access as determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot. 58. Provide a protective fencing system around (1) the proposed detention basins at Telegraph Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and the City Engineer. 59. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 60. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins. This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish on the ramp as directed by the City Engineer. 6l. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 62. Provide graded maintenance access roads along both sides of the proposed onsite and offsite portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise approved by the City Engineer. The final dimensions and location of the access roads shall be as determined by the City Engineer. 63. Obtain, prior to approval of the first final IIBII Map, the approval of the Director of Public Works to any amendment necessary SCHEDULE "1" 3~ to make the Master Drainage plan consistent with the approved Tentative Map. 64. Prior to the installation of the regional trail, install a fence along those portions of (1) the existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation. 65. Prepare and obtain approval by the City Engineer, Director of Planning, and Director of Parks and Recreation of an erosion and sedimentation control plan and landscape/irrigation plans as part of the grading plans. 66. Landform grading, similar to what has been proposed along Telegraph Canyon Road and consistent with City policy, shall be implemented adjacent to all off-site major roads. 67. Indicate on all affected grading plans that all walls which are to be maintained by open space districts shall be constructed entirely within open space lots dedicated to the City. 68. Prior to the approval of the grading plans proposing the grading of the area that would accommodate the future grade separated intersections at East Orange Avenue/Paseo Ranchero and Telegraph Canyon Road/Otay Lakes Road, the developer shall submit a design study, acceptable to the City Engineer, of the grading required for said grade separated intersections. 69. The grading plans for the intersection at East Orange Avenue/Paseo Ranchero shall include a partial grading of the area that would accommodate the eastbound on-ramp and off-ramp and the westbound on-ramp of the future grade separated intersection. The elevations and extent of the required grading shall be determined by the City Engineer to: (1) allow in the future the construction of any additional grading necessary for the ultimate intersection configuration, and (2) construct the Poggi Canyon Channel at its ultimate location. 70. Prior to approval of the grading and/or improvement plans proposing the construction of the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the developer shall SCHEDULE "1" 37 submit a study acceptable to the City Engineer demonstrating that the proposed culvert will be capable of handling the design flow in the event said culvert needs to be extended in the future in conjunction with the grading for a grade separated intersection at Telegraph Canyon Road/Otay Lakes Road. 71. Unless otherwise approved by the City Engineer, the developer shall provide an underground storm drain connecting the cleanout in Park P-9 to the Telegraph Canyon Channel Drainage easements shall be provided as required by the City Engineer. SEWER 72. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. 73. Grant on the appropriate final liB" Map a 20 feet minimum sewer and access easement for sewerlines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. PARKS/OPEN SPACE/WILDLIFE PRESERVATION General 74. The SPA one project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO) . The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. pedestrian parks are an integral component of the plan and shall receive partial park credit as defined below. A minimum of two thirds (2 acres/l,OOO residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks within SPA One. The remaining requirement (1 acre/l,OOO residents) shall be satisfied through the payment of fees. 75. All local parks shall be consistent with the SPA One PFFP and shall be installed by the Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the Director of Parks and Recreation. 76. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. SCHEDULE "1" 3$ ~...... 77. The applicant shall enter into a Chula Vista standard three party agreement with the City of Chula Vista and design consultant(s), for the design of all aspects of the neighborhood and community parks in accordance with the Master Plan whereby the Parks and Recreation Director selects the design consultant(s), to be funded by the applicant. The cost for the consultant(s) shall be established and said amount deposited into an account prior to any work being initiated by the consultant. The agreement shall include, but not be limited to, master planning, design development phase, construction document phase and construction supervision phase for the park sites. The construction documents shall reflect the then current requirements of the City's Code/Landscape Manual requirements. 78. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks, the town square park and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPAs. 79. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. 80. Grant in fee all designated public park lands at such time as is necessary to implement the requirements of the PLDO and the PFFP. 81. pedestrian Parks (also known as mini-Darks) : pedestrian parks less than five acres, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Fund. pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Parks and Recreation pursuant to the City wide small park credit criteria which shall be approved by the City Council. 82. Neiahborhood Parks: a. In addition to those PAD fees required by Condition No. 83, the Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 500 dwelling SCHEDULE "111 21 .....--' ----_._._...__.~.__..- -- units. In the City's sole discretion, PAD fees may be required for units in excess of the first 500 dwelling units. b. Prior to the approval of the first final map which creates residential lots ("B" Map), the applicant shall enter into a supplemental agreement where the applicant agrees to construct the first neighborhood park in SPA One, in a location determined by the Director of Parks and Recreation, no later than issuance of the building permit for the SOOth dwelling unit. The agreement shall also provide the following: (1) The level of amenities required in the first phase of construction of the first neighborhood park shall be determined by the Director of Parks and Recreation in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. Said level of amenities shall be equivalent to five acres of neighborhood park improvements as described in the PLDO ordinance and the Park Master Plan as approved by the Director of Parks and Recreation. The applicant shall complete construction of the first phase of the first neighborhood park within six (6) months of commencing construction of said park. (2) Prior to issuance of the building permit for the 1150th dwelling unit, the Director of Parks and Recreation shall determine the level of amenities required for the second phase of construction of this park consistent with the PLDO and the Park Master Plan, or in lieu of the second phase, require the construction of another neighborhood park at a different location. If the applicant cannot build a park at a different location chosen by the Director of Parks and Recreation, the City may require the applicant to pay PAD fees. (3 ) At no time following completion of construction of the first phase of the first neighborhood park shall there be a deficit in "constructed neighborhood park" based upon 2 acres/1,OOO residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term "constructed neighborhood park" SCHEDULE "1" 1/0 shall mean that construction of the park has been completed and accepted by the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior to the mandatory 9-12 month maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. (4) The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, should they deliver a turn-key park which has been constructed in accordance with the Parks Master Plan. c. The applicant shall grant to the City, at the itA" Map stage, an irrevocable offer of dedication for all neighborhood parks shown on the Tentative Map. 83. Communitv Parks: a. Prior to the approval of each final "B" Map the Applicant shall pay PAD fees for the Community Park based upon a formula of 1 acre per 1, 000 residents, until such time as a turn-key facility has been accepted by the Director of Parks and Recreation. Said turn-key facility is subject to the reimbursement mechanism set forth below. b. The first Otay Ranch Community Park, to satisfy SPA One demand, shall be located in Village 2 as identified in the GDP. c. The Applicant shall identify the relocation, if any, of the Village 2 Otay Ranch Community Park prior to issuance of the building permi t for the 1,150th dwelling unit. Said relocation may require an amendment to the Otay Ranch General Development Plan. d. Notwithstanding that the community park requirement (1 acre/1,000 residents) shall be satisfied through the payment of PAD fees, the Applicant shall commence construction of the first phase of the Community Park prior to issuance of the building permit for the 2,650th dwelling unit. The first phase of construction shall include, but not be limited to, improvements such as a graded site with utilities provided to the property line and an all weather access road acceptable to the Fire Department. SCHEDULE "1" L/-! e. The Applicant shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling unit. Second phase improvements shall include recreational amenities as identified in the Park Master Plan. f. The Community Park shall be ready for acceptance by the Director of Parks and Recreation for maintenance prior to issuance of the building permit for the 3,900th dwelling unit. g. If the Director of Parks and Recreation determines that it is not feasible for the Applicant to commence construction of the first phase improvements of the community park prior to issuance of the building permit for the 2,650th unit, then the Director of Parks and Recreation shall have the option to utilize the PAD fees for said improvements, or to construct another park facility, east of the I-80S Freeway within an acceptable service radius of SPA One, as set forth in the GDP. h. The Applicant shall provide a maintenance period of 9-12 months in accordance with the City of Chula Vista Parks and Recreation Department policy. i. The Applicant shall receive reimbursement of PAD fees, proportionate to what has been constructed, excluding the cost of construction of the all weather access road, for the community park should they deliver a turn-key facility to the City in accordance with the Community Park Master Plan. 84. Trails/Open Space: a. All trails shall connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation. b. The two connector trails from Neighborhoods R-24 and R-25 in Village Five to Telegraph Canyon Road shall be combined into one trail in Open Space Lot 37 and shall connect to the regional trail in one location. c. The maximum gradient for connector trails shall be 10%. Steeper grades of up to 12% for short runs of 50 feet may be permitted subject to the approval by the Parks and Recreation Director. SCHEDULE "1" fI:;Z -------.--...- d. The graded section upon which the connecting trails are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. e. Landscape and irrigation plans for the transit right-of- way shall be reviewed and approved by the Parks and Recreation Director in conjunction with the landscape plans for East Palomar Street. 85. Communi tv Gardens: a. Community Gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Committee and their responsibilities. b. Water lines shall be stubbed from the nearest open space water meter to the site(s) in order to facilitate development of the Community Gardens. c. Community Garden sites shall be consistent with those identified on the tentative map. d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Homeowner's Association or other funding mechanism approved by the Director of Parks and Recreation and the City Engineer. e. Community Gardens shall not receive park credit. OPEN SPACE/ASSESSMENTS 86. Prior to the approval of the first final liB I! Map, the developer shall: a. Submit and obtain approval of the SPA One Open Space Master Plan from the Director of Parks and Recreation. The Open Space Master Plan shall be based upon the approved Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include but are not limited to elements such as final recreational trail alignments and fencing and phasing. b. Request the formation of an Open Space District pursuant to the 1972 Landscaping & Lighting Act for the Otay Valley Parcel of the Otay Ranch. This district formation SCHEDULE "111 7"3 shall be submitted to Council for consideration prior to approval of the first final "B" map. 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 Parks and Recreation. If Council does not approve the open space district formation, some other financing mechanism shall be identified and submitted to for consideration prior to approval of the first final map. c. Submit evidence acceptable to the City Engineer and the Director of Parks and Recreation of the formation of a Master Homeowner's Association (MHOA) , or another financial mechanism acceptable to the City Manager, which includes all the properties within the approved tentative map prior to approval of the first liB" Map. The MHOA shall be responsible for the maintenance of the improvements listed below. The City Engineer and the Director of Parks and Recreation may require that some of those improvements be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Parks and Recreation require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. d. Submit a list of all Otay Ranch SPA One facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: (1) All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non- SCHEDULE "1" 'It( , \ irrigated open space to aid in the estimation of a maintenance budget thereof. (2) Medians and parkways along East Orange Avenue (onsite and offsite) , Paseo Ranchero, La Media Road, East Palomar Street (onsite and offsite) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. (3) The proposed detention basin in Telegraph Canyon and the fair share of the maintenance of the existing naturalized Telegraph Canyon Channel east of Paseo Ladera as determined by the City Engineer based on the proportional benefit received from the improvements. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and Corps of Engineers permit requirements. (4) The proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. (5) Community Gardens (G) Pedestrian Bridges. (7) The proportional share of the maintenance of the median and parkways along that portion of Telegraph Canyon Road adjoining the development as determined by the City Engineer. (8) All proposed facilities and improvements (excepting street improvements) within the GO-foot wide easement to be dedicated to the City for right-of- way at the following locations: (1) between Neighborhoods R-8 and R-9, and (2) at the proposed connection to East Lake Parkway (between the two Otay Water District Parcels. d. Submit an initial deposit of $15,000 to begin the process of formation of the open space district. All costs of formation and other costs associated with the processing SCHEDULE "1" tf5 of the open space relating to this project shall be borne by the developer. e. Provide all the necessary information and materials (e.g. , exhibits, diagrams, etc. ) as determined by the City Engineer to prepare the engineer's report for the proposed open space district. 87. Include in the CC&R's, if applicable, the obligation of the Homeowners' Association to maintain all the facilities and improvements within the open space lots rejected by the City prior to the approval of the final map containing said lots. 88. Grade a level, clear area at least three feet wide (face of wall to top of slope) , along the length of any wall abutting an open space district lot, as measured from face-of-wall to beginning of slope, said area as approved by the City Engineer and the Director of Parks and Recreation. 89. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City property and that they shall not modify or supplement the wall or encroach onto City property. These restrictions shall also be incorporated in the CC&R's for each lot. 90. Agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 9l. Grant in fee to the City on the appropriate final map, all open space lots shown on the tentative map and execute and record a deed for each of the lots to be maintained by the City through the open space district. Provide on the final map a certificate, pursuant to section 66477.2{a) of the Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowner's Association. 92. Provide documentation, prior to the approval of the first final "BI! Map, to the Director of Planning and the City Engineer that an annexable Mello-Roos District, or other financing mechanism approved by the Sweetwater High School District and the Chula Vista Elementary School District has been established to provide for construction of schools. SCHEDULE "l" 1/6 93. Fund the revision of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed by the City Manager or his designee, and approved by the City Council prior to approval of the first final "B" Map. The developer shall receive 100% credits towards future PFDIF fees for funding this update. Provide a deposit of $20,000 to begin this process. All cost of revising the PFDIF shall be borne by the developer. 94. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L & I) improvements to be installed in an open space lot to be maintained by the open space district, the developer shall place a cash deposit with the City which will guarantee the maintenance of the L & I improvements, prior to City acceptance of said improvements, in the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Parks and Recreation. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the City Engineer. Any unused portion of said deposit could be incorporated into the open space district's reserve at such time as the maintenance of the open space lot is assumed by the open space district. WATER 95. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 96. Present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. EASEMENTS 97. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 98. Indicate on the appropriate "B" Map a reservation of easements to the future Homeowners' Association for private storm drain and private sewer facilities within open space lots as directed by the City Engineer. SCHEDULE Ill" ·i7 . ..."'.__.----~------- -.-.-.--.. 99. Obtain, prior to approval of any final "B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. 100. Notify the City at least 60 days prior to consideration of the final map by City if off-site right-of-way cannot be obtained as required by the Conditions of approval. (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, 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. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, b, and c above shall be accomplished prior to the approval of the appropriate Final Map. 10l. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 102. Grant to City on the appropriate final "B" Map two foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Parks SCHEDULE "1" f~ ___··m__ ___.___. ____~ _ .. and Recreation and the City Engineer to provide adequate access for maintenance of said walls. AGREEMENTS/FINANCIAL 103. Enter into a supplemental agreement with the City, prior to approval of each final "B" Map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: (1) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. (2) Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. (3) The applicant does not comply with the terms of the Reserve Fund Program. b. 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 SPA One if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. c. 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 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. d. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. e. Ensure that all franchised cable television companies ( "Cable Company" ) are permitted equal opportunity to SCHEDULE 11111 1J1 place conduit and provide cable television service to each lot on public streets within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. f. Include in the Articles of Incorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land used for private streets without approval of 100% of all the HOA members. 104. Enter into an supplemental agreement with the City prior to approval of the first final liB II Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP) . b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of correctional facilities. 105. Prior to the approval of the first final map after January 11, 2000, as per Section 1 of the Telegraph Canyon Estates Affordable Housing Agreement adopted by Resolution No. 17737, the applicant shall grant in fee three (3) acres of buildable land acceptable to the City of Chula Vista within Village One of SPA One of the Otay Ranch in order to satisfy the affordable housing implementation measure contained in the approved Otay Ranch GDP (ref. GDP; Section B.2, Pg. 242) and the terms of an existing agreement adopted by Resolution No. 17737. In addition, said existing agreement, dated December 1, 1995, shall be amended to permit the land dedication within Village One. 106. Prior to approval of the first IIAII Map, or as otherwise determined by the Director of Planning, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA One Affordable Housing Plans, the applicant shall enter into and execute wi th the City an Affordable Housing Agreement ("SPA One Affordable Housing Agreement") containing, but not limited to, the SCHEDULE "1" 50 following provisions: (a) The obligation to provide the total number of low and moderate income units required under the City's Affordable Housing Program, based on the number of dwelling units contained within the Master Tentative Map for SPA One; (b) Identify the overall number of dwelling units within the Master Tentative Map for which the applicant can receive final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction, final affordable housing site(s); (c) The number of dwelling units within the master tentative map area which can receive building permit authorizations prior to the applicant obtaining building permits for a specified number of the required low income units; and (d.) A description of what information must be provided in subsequent Project Level Affordable Housing Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable Housing Agreement shall become conditions of this Resolution, and is hereby incorporated herein by this reference. 107. The Applicant shall pay, prior to approval of the first liB" Map, their proportional share, as determined by the Director of Parks and Recreation, of a collaborative study analyzing local park needs for the area east of the I-80S Freeway. 108. The applicant shall enter into an agreement with the City, prior to approval of each final "B" Map, where the applicant agrees to ensure that all insurance companies are permitted equal opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP) . 109. Prior to the approval of the first final "BI! Map, the developer shall submit and obtain approval by the City Engineer of an "Improvement Phasing Schedule" which will identify the timing of construction of all backbone facilities noted in the following table. The Improvement Phasing Schedule shall be consistent with the PFFP. COST ITEM TO BE INCLUDED IN FACILITY FINANCING PLAN East Palomar Street between *Acquisition/Dedication of Paseo Ranchero and La Media Road off site right of way and between La Media Road and *Construction of full street East Orange Avenue improvements SCHEDULE "1" c5/ *Acquisition/Dedication of the Paseos in Villages One and Five offsite portions of open space including the paseo between lots containing the paseos Neighborhoods R-8 and R-9 *Construction of full paseo improvements * Payment of Telegraph Canyon For areas covered by: backbone Basin Drainage DIF streets and all common areas which include, but are not limited to: parks, schools, paseos and open space lots *Construction of pedestrian pedestrian bridge connecting bridges Village One to Village Five, Village One to Village Two and Village Five to Village Six *Removal of temporary "Temporary Roadway" (Santa improvements Madera Avenue between Telegraph *Restoration of the area to Canyon Road and Morgan Hill original conditions Drive *Construction of full street Permanent public road connecting improvements Filmore Street to East Orange Avenue *Construction of full Transit stop facilities in improvements Villages One and Five *AcquisitionjDedication of Poggi Canyon Channel (onsite and offsite drainage easement offsite) and detention basin *Construction and maintenance (prior to City acceptance) *Construction and maintenance Telegraph Canyon Channel (prior to City acceptance) detention basin *AcquisitionjDedication of Poggi Canyon Sewer Interceptor off site sewer easement (onsite and offsite) *Upgrading of the existing Poggi Canyon Interceptor required to accommodate C.V.T. 96-04 flows *Construction of the improvements required to connect C.V.T 96-04 to the existing Poggi Canyon sewer improvements (near 1-805) *Installation of interconnect Traffic signals along Telegraph wiring Canyon Road at the intersections with St. Claire Drive, Otay Lakes Road and Pas eo Ranchero *Construction of full Open space lots landscaping and irrigation improvements SCHEDULE "1" 5~ .-...-- - -- --- --_._...--_..,._~_._-,.._,--- ...... --,. *Construction of full trail Regional trail system improvements Security satisfactory to the City shall be provided for the above backbone facilities when their construction is triggered as identified in the approved Improvement Phasing Schedule. In addition to the foregoing, security satisfactory to the City shall be provided to guarantee the construction of the following First Phase Backbone Facilities: 1) One-half of the improvements in East Palomar Street between Paseo Ranchero and La Media including the two full traffic circles in Village One prior to approval of the first "B" Map for Village One. 2) The remaining improvements in East Palomar Street within Village One at the time the trigger point is reached in the PFFP for the corresponding "B" Map. 3) Full improvements in East Palomar Street between La Media and East Orange Avenue in Village Five at the time the trigger point is reached in the PFFP for the corresponding "B" Map. 4) Fair share of full improvements for the pedestrian bridge connecting Village One to Village Five and fair share of one half of the improvements for the pedestrian bridges connecting Village One to Village Two and Village Five to Village Six, prior to the approval of the first final liB" Map. The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. SCHOOLS 110. Prior to the approval of the first final "B" Map, the applicant shall prepare and submit an application for an amendment to the Otay Ranch General Development Plan replacing the Village SCHEDULE "1" 53 -.-.. ---.-.-.. Seven High School location with a site in either the area west of Paseo Ranchero in Village One or the northern portion of Village Two. The applicant shall enter into a supplemental agreement prior to approval of the first final map in which applicant agrees to the following: The City shall not issue building permits for more than 1,400 units within SPA One until the City has acted on the proposed plan amendment unless the District consents to the further issuance of such permits. The Applicant shall deliver to the School District a graded high school site including utilities provided to the site and an all weather access road acceptable to the District prior to issuance of the 2,650th building permit (504 students) or upon written request by the District not prior to 1,800 permits. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 111. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village One, prior to issuance of the 500th residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. 112. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 2,500th residential building permit (750 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. 113. The applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located west of Paseo Ranchero, prior to issuance of the 4,500th residential building permit (1,350 students) . The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School District as based on District facility needs. MISCELLANEOUS 114. Include in the Declaration of Covenants, Conditions and Restrictions (CC&R's) provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. SCHEDULE "1" 51- - .".,,----_._- The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. The CC&R's shall also include language which states that any proposal by the HOA for dedication or conveyance for public purposes of land used for private streets will require prior written approval of 100% of all the Homeowners' Association members. 115. Submit copies of Final Maps and improvement plans in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4" HD or 3-1/2" disks prior to the approval of each Final Map. 116. Tie the boundary of the subdivision to the California System -Zone VI (1983) . 117. Prior to approval of the first final map within each Village, the developer shall submit and obtain the approval of the City of a master final map ("A" Map) over the portion of the tentative map within each Village area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show the backbone street dedications and utility easements required to serve the "super block" lots. All "super block" lots created shall have access to a dedicated public street. Said "All map shall not be considered the first map as indicated in other conditions of approval unless said map contains single or multiple family lots or a subdivision of the multiple family lots shown on the tentative map. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The subsequent development of a multiple family lot which does not require the filing of a "B" Map shall meet, prior to issuance of a building permit for that lot, all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-backbone streets adjacent to multiple family lots will not need to be bonded for with the final "A" Map which created such lot. However, such improvements will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building permit issuance processes. SCHEDULE "ltl 55 _..._--~--_... In the event of a filing of a final map which requires oversizing (in accordance with the restrictions of state law and City ordinances) 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 oversizing of facilities required to serve such other properties. 118. Signage shall be provided at Bouquet Canyon Drive and the pedestrian paseo in Village Five and at Stanislaus Drive and the pedestrian paseo in Village One which alerts motorists to a pedestrian mid-block crossing. A signage plan indicating the location and content of said signs shall be reviewed and approved by the Planning Director prior to approval of the appropriate final liB" Map, as determined by the Planning Director and City Engineer. 119. The Applicant shall secure approval of a Master Precise Plan for the Village One and Village Five Core Areas, prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA One Village Cores. 120. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP) , the Applicant shall complete the following: (1) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps) . projected construction dates. corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 12l. The owners of each Village shall be responsible for retaining a proj ect manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background SCHEDULE 11111 SiP .. --. ,........- ------...-- and experience, including but not limited to land use planning and architecture. 122. The applicant shall submit copies of any proposed CC&R's for review and approval by the Director of Planning and the City Engineer prior to approval of each final "B" Map. 123. Fully accessible handicap access shall be provided at the ends of the following cul-de-sacs: Arteria Street, Glendora Court, Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live Oak Street, Marion Court, Lodi Court, Larkspur Court, Santa Lucia Road, Parker Mountain Road, Geyserville Street, Escalon Court, Sheep Ranch, Meeks Bay Drive, Harrills Mill Avenue and Volcano Creek Road. Access via stairs shall be provided at the ends of the following cul-de-sacs: Stanislaus Drive, Amador Street, Woodsford Court, Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court, Cache Creek Road, Jedediah Road, Kingsburg Avenue, and Lassen Peak Street 124. The CPF-2 site located within Village One, shall be considered a floating designation and shall be located in Neighborhood R-15. Project design for this site will be submitted, reviewed and approved by the Director of Planning concurrently with the Precise Plan for this area. 125. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final liB" 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 "B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "B" Map shall be at developer's own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e. , final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early 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 "B" Map does not record. PHASING SCHEDULE "1" 57 126. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to the City a revised phasing for review and approval prior to approval of the first final "Sri Map. The PFFP shall be revised where necessary to reflect the revised phasing plan 127. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 128. The Public Facilities Finance Plan or revisions hereto 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 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 SPA One, actual development may differ from the assumptions contained in the PFFP (i.e. , the development of EastLake III). Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's 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 One 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. Concurrent with the approval of the first final map approved after the PFFP for the EastLake III GDP Area, the Applicant shall update, at the Applicant's expense and subject to a Reimbursement Agreement, the SPA 1 PFFP and agrees that the City Engineer may change the timing of construction of the public facilities, including without limitation, the nature, sizing, extent and timing for the SCHEDULE Ill" 5ó construction of public facilities caused by SPA One, shall become a condition for all subsequent SPA One entitlements, including tentative and final maps. CODE REQUIREMENTS 129. Comply with all applicable sections of the Chula Vista Municipal Code. 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. 130. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 131. Pay the following fees in accordance with the City Code and Council Policy: 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. d. Interim SR-125 impact fee. e. Telegraph Canyon Sewer Basin DIF. f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future. g. Telegraph Canyon Basin Drainage DIF. h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding. i. Otay Ranch Reserve Fund fee. Pay the amount of said fees in effect at the time of issuance of building permits. 132. 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. SCHEDULE "111 5'1 133. 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 disclosure form for approval by the City Engineer prior to Final Map approval. 134. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 135. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 136. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 137. The Applicant 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) . The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. 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 applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 138. Upon submittal of building plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided. 139. The applicant shall apply for and receive a take permit from the appropriate resource agencies or comply with an approved MSCP or other equivalent 10(a) permit applicable to the property. 140. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. GUARDED AREAS SCHEDULE "1" 60 ~ -~-- _~____M.._"__.._··_ 14l. The following locations as proposed by the applicant are authorized for guarded entrances: Santa Ynez Avenue and Santa Lucia Road in Village One, including the multi-family neighborhoods R-20 and R-21; Santa Rosa Drive and Santa Paula Drive in Village Five. Emergency access locations are authorized at Morgan Hill Drive between R-10 and R-11 in Village One, and Bouquet Canyon Road between R-24 and R-25 in Village Five. 142. Guarded entrances shall not have physical barriers and shall be staffed from dusk until dawn. 143. Parks located within guarded areas shall not receive park credit. 144. All streets within guarded areas shall be designated as private. Design of said streets shall meet the City standards for public streets unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the Tentative Map. 145. All private streets shall be included in separate lots. The applicant shall provide a certificate granting to the City a public utility easement over the entire private street lots on the appropriate Final "B" Map. 146. Guarded entrances shall: a. Require approval by the City Engineer and the Planning Director. b. Provide sufficient room on the private roadway to queue without interrupting traffic on public streets. c. Provide a turn around. The size and location of said turn around shall be approved by the City Engineer. d. Provide a clearly delineated border between public and private streets through the use of distinctive pavements. e. Provide a dedicated parking space for the gate attendant. f. Be equipped with a video camera to record entering and exiting vehicles. 147. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any SCHEDULE "1" ~I proposal by the HOA to delete staffing or to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowner's Association members. 148. Physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 149. Emergency entrances shall be provided with mechanical gates and an "Opticom" system, or some other automated system with backup and/or fail safe features acceptable to the Police and Fire Chief. 150. Prior to approval of any IIBII Map proposing private streets, the applicant shall initiate and complete the process enabling the City to enforce the California Vehicle Code on said private streets. 151. The MHOA shall be responsible for the maintenance and operation of all facilities within the common areas and streets behind the guarded entrance. The facilities to be maintained include, but are not limited to, pavements, sidewalks, street trees, street lights including energy, street sweeping, private drainage facilities and landscaping of private common areas. The only facilities to be maintained by the City are mainline sewers and public concrete drainage facilities (i.e. , pipes and catch basins) . 152. Future property owners shall be notified during escrow, by a document to be initialed by the owners, and approved by the City Engineer and Director of Planning, of the maintenance responsibilities of the MHOA and their estimated annual cost. SCHEDULE "1" rb:;¿" -.. ...-.._^._--_.~"-----_._--_.._._-----_."-------- COUNCIL AGENDA STATEMENT Item -.L! Meeting Date: 10/27/98 J if ')'.3~ ITEM TITLE: RESOLUTION WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVI NG CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE YOUTH COUNSELING SUBMITTED BY: Ch;efof Po¡;œ~c. ~ REVIEWED BY: City Manag~~. __ (4/5ths Vote: Yes_ No----2L) Since FY 1985-86, South Bay Community Services has provided the City with juvenile counseling services. The attached contract formally continues those services to be provided which includes a Youth Counseling Program, a Runaway Juvenile Case Management and Homeless Youth Outreach Program. The contract is a standard two- party contract which has been approved as to form by the City Attorney. The proposed contract will expire on June 30, 1999, and may be extended an additional four years upon mutual agreement. RECOMMENDATION: That Council waive consultant selection process and approve the contractual agreement with South Bay Community Services to provide youth counseling and community outreach. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: South Bay Community Services (SBCS) and the Juvenile Division ofthe Police Department have worked together since 1985 (twelve years) providing a variety of services for juveniles and their families. The proposed contract with SBCS will continue this relationship and formalize the agreement to provide the following services: . A minimum of 80 hours per week Youth & Family Development Associate time - These associates will work with juveniles who have been contacted, detained, or taken into custody by police officers for minor non-violent offenses such as vandalism, curfew, burglary, petty thefts, etc. Last year, this component of the program provided assistance to over 505 juveniles. This program has a 94% success rate which results in a 6% rate of recidivism. . Management of reported cases of runaway juveniles. The counselors track the /)-/ Page 2, Item _ Meeting Date: 10/27/98 status of the case and offer counseling and intervention services to the juveniles and their families. Last year they managed 545 runaway cases. . Other services include anger management instruction, educational assistance, parenting classes, graffiti eradication and substance abuse counseling. . Confidential progress reports will be issued at quarterly and annual intervals. South Bay Community Services has provided the City with on-site counseling, diversion, and referral services since 1985. Funds for these services have been appropriated annually through the budget process. SBCS has tailored their programs to meet the needs of the City. Their experience, qualifications and community presence makes them a unique service provider. Furthermore, SBCS provides local youth counseling service approved by the county court system. No other service provider has expressed an interest, in providing these services and the City is not aware of alternate services capable of meeting the City's youth counseling and community outreach requirements. For these reasons, staff believes that the City's normal consultant selection process would be impractical. Accordingly, staff recommends that City Council waive these requirements pursuant to Municipal Code Section 2.56.070. The Police Department does not have comparable staff to provide adequate similar services such as family and youth counseling or equivalent experience in the counseling field. SBCS provides youth diversion services to youthful offenders in Chula Vista and National City. Prior to employment with SBCS, each associate is required to successfully complete pre- employment testing and have a bachelors degree or equivalent experience in the counseling field. These associates are located at the Police Department, a limited background check is also completed by the Police Department prior to employment as an associate. All communications between the juveniles, parents and associates are kept strictly confidential by the SBCS with the exception of situations where reporting is required bylaw. The contract would pay SBCS, $119,520 for services to be rendered in FY 1998-99. Payments of $9,960 per month would be made monthly. The contract would expire on June 30, 1999, but may be extended up to four years. The extensions may be granted upon mutual agreement and staff survey of the market to determine if there are any other qualified service providers. The cost ofthe contract will remain at $119,520. Any increase in the contract amount will remain subject to Council appropriation during budget deliberations. The contract could be terminated earlier if the City elects upon 30 days written notice. //~~ Page 3, Item_ Meeting Date: 10/27/98 SBCS's performance will be monitored and evaluated throughout the contract period for continued compliance with City expectations. Results will be quantified wherever possible and specific performance criteria developed. Cost Effectiveness Staff has evaluated the possibility of providing this program in-house and determined it is more cost effective to contract this service. SBCS provides a minimum of 80 hours per week (which is often exceeded) of a Youth Family Associate's time, supervision, training, services and supplies necessary to support youth counseling services and outreach. If these services were provided by the Police Department, the equivalent ofthree counseling positions and one supervisory position plus training and supplies would need to be budgeted. Three vs. two counseling positions would be warranted in order to provide the minimum 80 hours of continuous coverage per week (with no breaks in service for vacations, sick leave, etc.) currently provided by SBCS. Often, the 80 minimum coverage is exceeded in that more than two counselors are available per week to provide youth counseling services and outreach. Due to the nature of the program, a supervisory position with the required education, experience and qualifications in the family youth counseling field would be necessary. The potential cost to provide the same level of service exceeds $119,520. FISCAL IMPACT: Since 1985, funds for this program (including contract increases) have been appropriated via the budget process and paid by purchase order. A total of $89,670 was appropriated for SBCS in this fiscal year 97-98 via the budget process. The cost of the FY 98-99 contract is $119,520. The $29,850 increase in the cost of the program is due to the elimination of grant funding previously available to the program. Sufficient funds are available in the Police Department's budget. No Council appropriation is necessary. Funds for subsequent years will be appropriated through the normal budget process. K:IUSRIADMfMSCSIA 113SISBCSAGRE. WPD ))---J __~___..____ _.~_._._....__ _. _ __"... ._._m__. RESOLUTION / 9 J. J /; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING CONSULTANT SELECTION PROCESS AND APPROVING CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE YOUTH COUNSELING WHEREAS, since FY 1985-86, the City has contracted with South Bay Community Services to provide juvenile services; and, WHEREAS, the contract will formalize services to be provided which include a Youth Counseling Program, a Runaway Juvenile Case Management and Homeless Youth Outreach Program; and, WHEREAS, because South Bay Community Services is uniquely qualified to perform these services; the City Council has found that the City's consultant selection process would be impractical under these circumstances. NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City of Chula Vista does hereby (1) waive the consultant selection process pursuant to Chula Vista Municipal Code Section 2.56.070 based on the findings set forth above; and (2) approve the agreement with South Bay Community Services to provide Youth Counseling and Community Outreach in the form presented, a copy of which is on file in the office of the City Clerk as Document No. (I/Y1Jf- 2.¿).2. . BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by: Approved as to form by: Chief of Police City Attorney K:IUSRIADM/MSCSIRESOSISBCSAGRM. WPD J)- i //¡';Z;Z -.---- "" ------"---------.----..-----.--.--.-.-....-- Agreement between City of Chula Vista and South Bay Community Services for Youth Counseling Services This agreement ("Agreement"), dated July 1,1 998 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1, is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Whereas, since FY 1985-86, the City has contracted with South Bay Community Services to provide juvenile services. Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Page 1 ~oqÖ' 2DZ . -- //r~ --.."--- Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform ali of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a fixed fee mutually agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar iocations. Page 2 //---t F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liabiiity Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry (" Primary Coverage" L and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (3D) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to Page 3 )/~ ? the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19. Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City or to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Page 4 ) j- tr Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 © to be charged upon making such payment. 3. Administration of Contract. Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate on June 30, 1999 and may be extended an additional four years based on a market assessment of no other qualified service providers; provided, however (a) the effectiveness of this Agreement for the fiscal year commencing July 1, 1999 shall be contingent upon City's appropriation, in its sole discretion, of the necessary funds therefor; and (b) Consultant's obligations under Section 7 hereof shall survive such termination. 5. Liquidated Damages. The provisions of this section appiy if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. Page 5 /J- 9 ----.-.-..-""-" --"'-'--'--' A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not. to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a confiict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior Page 6 I/-It) ------_._~---~ .- boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' feesl arising out of the conduct of the Consultant, or any agent or employee, subcontractors. or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall. upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. Page 7 j/- II 9. Errors and Omissions. In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described herein above shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Pubiic Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives Page 8 )/- /2 are, for all purposes under this Agreement, an independent contractor and shall not be déemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees. Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs. In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous. A. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker Page g J) - );1 ----,_. or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. 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. That certain Agreement between the parties dated January 8, 1998, is hereby superseded in its entirety. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Page 10 )!~/'! --_._--_.._"---~_._-_._._,_._- t. Signature Page to Agreement between City of Chula Vista and South Bay Community Services for Youth Counseling Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby - indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 1998 City of Chula Vista By: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated:/Soutl:¡ Bay Community Services , , { \ i ./ '---------~_._--- -~/d¿);,y J'~ ; Kat n Lembo, Executive Director ~ K:IUSRIADMINISCSI/QIDOCUMENnSBCSAGMT. WPD Page 11 I ! / J/ /~ .'. -,.~-,..,...._-~-_.~ Exhibit A to Agreement between City of Chula Vista and South Bay Community Services 1. Effective Date of Agreement: July 1. 1998. 2. City-Related Entity: IX) City of Chula Vista, a municipal chartered corporation of the State of California I) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a I) Other: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: South Bay Community Services 5. Business Form of Consultant: ( ) Sole Proprietorship I ) Partnership ( XI Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 315 Fourth Avenue, Suite E Chula Vista, CA 91910 (619) 420-3620 FAX (619) 420-8722 Page 12 /J~J¿' 7. General Duties: Youth Counseling Services. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Provide assessment and treatment plan services to juvenile offender first referrals following arrest and runaways. Provide individual, family and/or group counseling to youth and families that are referred through the juvenile diversion program. Other services may include parenting classes, substance abuse counseling, mediation, educational assistance, and anger management instruction. Provide for a three-month and six-month follow-up by phone or mail to see if clients are following through with their contract obligations. In addition the follow-up contracts, records will be kept by logging cases on a master list and providing monthly statistics. Provide for crisis intervention by telephone and meetings for families in need of immediate services for mediation and counseling. Provide monthly invoice for counseling and outreach services rendered. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time limits for Delivery of Deliverables: Deliverable No.1: Provide quarterly and yearly reports on status of programs: Runaway and Homeless Outreach; Youth Diversion Program. D. Date for completion of all Consultant services: Upon compliance with all executory provisions herein. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance ( ) Employer's liability Insurance coverage: $1,000,000. Page 13 / /~ 17 (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). A. Policy Endorsement naming the City as an addition insured. B. South Bay Community Services' Insurance Policies primary to the City. C. Thirty (30) day cancellation notice required. 10. Materials Required to be Supplied by City to Consultant: None. 11. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $119.520 per year(for FY 1998-99), payable in monthly installments of $9,960 per month. 12. Material Reimbursement. None. Compensation includes all materials costs. 13. Contract Administrators: City: Sergeant Tro Peltekian, Juvenile Division Police Building 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5124 Consultant: Kathryn Lembo, Executive Director South Bay Community Services 315 Fourth Avenue, Suite E Chula Vista, CA 91910 (619) 420-3620 14. Liquidated Damages Rate: None. Page 14 //~/íš' 15. Statement of Economic Interests. Not Applicable. Not an FPPC Filer. 16. ( ) Consultant is Real Estate Broker and/or Salesman: Not applicable. 17. Permitted Subconsultànts: None . 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: I X) Monthly I ) Quarterly I ) Other: B. Day of the Period for submission of Consultant's Billing: ( X) First of the Month ( ) 15th Day of each Month ( ) End of the Month I ) Other: C. City's Account Number: 100-1030-5201 19. Security for Performance: None required. Page 15 /J -/9 0UNITED NATIONAL INSURANCE COMPANY D DIAMOND STATE INSURANCE COMPANY Policy Number:CGA041662 Renewal of : CGAC41260 PROFESSIONAL--COMMERCIAL GENERAL LIABILITY POLICY Issue Date: July 15. 1998 DECLARATIONS THIS IS A CLAIMS MADE POLICY·· READ IT CAREFULLY Item 1. Named Insured and mamng address Item 2. Policy Period SOUTH BAY COMMUNITY SERVICES 315 FOURTH AVENUE, # E From: July 8. 1998 CHULA VISTA, CA 91910 12:01 a.m. Standard Time, at your mailing address. To: July 8, 1999 Item 3. We afford insurance only for the coverages that are indicated below by insertion of a limit of liability. The limit of our liability against each such coverage shall be stated herein, subject to all the terms of the policy. Claims expenses and defense costs incident to a claim or legal JiabUity under this policy are included in the limit of liability. See Endorsement number PC107. -....----------------------- "-~--- - __~__,__.._,_.____....___.____________________ ___ - - __..........______., _,_n,_._. _~___ _____n,-_. Coverages limits of liability PROFESSIONAL LIABILITY $ 1,000,000 each claim (including claims expenses and defense costs) $ 3,000,000 aggregate (including claims expenses and defense costs) COMMERCIAL GENERAL LIABILITY A. Bodily Injury and Property Damage Liability $ 1,000,000 each occurrence (including claims expenses and defense costs) Fire Legal liability $ 100,000 each occurrence (including claims expenses and defense costs) B. Personal and Advertising Injury liability $ 1,000,000 each occurrence (including claims expenses and defense costs) $ 3,000,000 aggregate (including claims expenses and defense costs) __..".___-.___________n_n____n________ ..--- ~--"....". ------~-- .--.----------- C. Employer's Non-Owner's Automobile liability $ 1,000,000 each occurrence (including claims expenses and defense costs) Bodily Injury and Property_Damage liability $ 3,000,000 aggregate (including claims expenses and defense costs) I D. Employee Benefits Liability $ 1.000,000 each claim (including claims expenses and defense costs) $ 3,000,000 aggregate (including claims expenses and defense costs) ,_.-._._--------~-------------- ._----~---------------------- Total Annual Premium $ 23,765 Plus Surplus lines Taxes and Fees. Item 4. The declarations are completed on the attached Additional Declarations Item 5. Retroactive Date: JUL 8 92 Forms made a part of this policy at inception: PC419 (7/97), PC105 rT/97). PC100 (7/97). PC412 (7/ 7). PC170 (7/97), PC171 (7/97). PC172 (7/97), PC107 (7/97), PC153 (7/97). PC106 (7/97) (500). PC104 (1M/3M). PC152 (7/97), PC102 (7/97). 151 (7/97), PC400 (7/97). PC413 rT/97). PC417 (7/97) Countersigned By: t ~'~-""'-"""'-"". . . _ 1 040 NE Hoslmark St., Suite 200 Auth a 'j¡ Poulsbo. WA 98370 " " / /--:¿c ,,--.-.. - -,,------- ----.------- ENDORSEMENT Number 1 This endorsement, effective 12:01 A.M. forms a part of policy No. CGA041662 issued to SOUTH BAY COMMUNITY SERVICES BY ~ United National Insurance Company Diamond State Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IT IS UNDERSTOOD AND AGREED THAT, FORPREMIUM PAID. THE FOLLOWING ARE ADDED TO THIS POLICY AS ADDITIONAL INSUREDS, BUT ONLY AS RESPECTS THEIR INTEREST AS A FUNDING SOURCE OF OR FOR THE NAMED INSURED, COUNTY OF SAN DIEGO, ITS OFFICERS, AGENTS. EMPLOYEES AND VOLUNTEERS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 3989 RUFFIN ROAD SAN DIEGO CA 92123-1890 COUNTY OF SAN DIEGO, ITS OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS DEPARTMENT OF SOCIAL SERVICES 1255 IMPERIAL AVENUE, #751 SAN DIEGO CA 92101-7439 FIRST NATIONWIDE BANK PO BOX 193928 SAN FRANCISCO CA 94113-3928 CITY OF CHULA VISTA AND COMMUNITY DEVEOPMENT DEPARTMENT 276 FOURTH AVENUE CHULA VISTA CA 91910 STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT PO BOX 952054 SACRAMENTO CA 94252-2054 CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMM. 140 EAST 12TH STREET, #B NATIONAL CITY CA 92050 PC153 (7/97) /J-d-I --'--'-"-'---~- -"'...-..- _____._.._._.~_...._,__ w.______~·~__ -_..~~_. UNITED NATIONAL INSURANCE COMPANY Bala Cynwyd, Pennsylvania ENDORSEMENT NO.1 INSURED SOUTH BAY COMMUNITY SERVICES EFFECTIVE ON AND AFTER 07/08/98 12:01 A.M. STANDARD TIME THIS SCHEDULE FORMS PART OF POLICY NUMBER XTP 057908 CARRIER, POLICY NUMBER, TYPE OF POLICY APPLICABLE LIMITS OF LIABILITY POLICY PERIOD (a) Safeco Insurance Company Employer. Liability Bodily Injury Policy # WC2330372 $ 1,000,000 By Accident· Each Accident o l-ú 1-98/99 and renewal $ 1.000,000 By Disease - Policy Limit $ 1,000,000 By Disease - Each Employee (b) United National Insurance Co. General Liability including" Bodily Injury Liability & Property Damage Liability 07-ú8-98/99 Commercial General Form o Comprehensive Form $ Each Occurrence ~ Commercial General Form o Schedule Form $ General Aggregate ~ Contractual $ Products & Completed Operations ~ Completed Operations ~ Products Aggregate ~ Personal Injury $ Personal & Advertising Injury ~ Advertising Injury Comprehensive or Schedule Form ~ Claims Made $ 1,000,000 Each Occurrence - Combined Single ~ Retroactive Date: 07/08/92 ~ Broad Form Endorsement Limit ~ Medical Professional Liab. $ 3,000,000 General Aggregate· Combined Single ~ Employee Benefits Liability Limit (c) United National Insurance Co. Automobile Liability including" Bodily Injury Liability 07 -ú8-98/99 o Owned Automobiles $ Each Person ~ Non-Owned Automobiles $ Each Occurrence o Hired Automobiles Property Damage Liability $ Each Occurrence Bodily Injury / Property Damage Liability $ 1,000,000 Each Occurrence - Combined Single Limit (d) (e) (f) t\ ~ indicates these broadening or optional coverages are provided in the Underlying Policies UN5000 CUS 4/84 (DRXDP 7/93) /;r;2:;2 -.--.......- --.-.---.-.- -.-...-.... _··m·..__~'__..__·····__ _ ._......_...._..__._._.._._.__.._ ,_+____._________.___ --..--.--. COUNCIL AGENDA STATEMENT Item: J,?, Meeting Date: 10/27/98 ITEM TITLE: Resolution / 9 J.. 3 ;{pproving Appropriation of Unanticipated Revenues in the Amount $4335 from Peace Officers Standards & Training (P.O.S.T.) for a Team Building Workshop for Management Members of the Chula Vista Police Department. SUBMITTED BY: Chief of polic~~ ~ REVIEWED BY: City Manag~ ~ _____ (4/5tbs Vote: Yes-X- No J The city is continuing to undergo significant gro and new challenges. As a result, the Police Department is also experiencing growth and facing new challenges. Recently the department has experienced a significant rate of departmental upper management retirements. With recent promotions to fill those positions, staff has identified the need to participate in a team building workshop. The Peace Officers Standards & Training (P.O. S. T.) has approved reimbursement to the Police Department for the cost of the workshop. This will allow staff to further enhance communication and strategies to deal with current and future challenges. RECOMMENDATION: That Council approve the Resolution appropriating $4335 to the Police Department to facilitate the team building workshop. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Police Department is eligible to receive additional P.O. S. T funds for a Team building workshop. There are several internal and external factors that support Police Department management participation in this workshop: There has been a 70 percent change in upper management appointments. Anticipated city growth, "massive automation, a strategic planning process and projected new police facility all contribute to the need for the workshop. The objective of the team building workshop will be to build a lasting capability to work together in effective and productive teams. Some aspects of the three-day workshop will focus on self analysis through surveys and questionnaires. These self analysis tools should enable managers to learn more about themselves in terms of individual strength and weaknesses. This process should allow managers to identify more effective ways to work together, revitalize present employees, improve communication, morale, and help build sound employee / manager relationships. Other aspects of the workshop will address strategic planning and transition stages of the Police Department as it moves into the future. FISCAL IMPACT: The cost of the team building workshop will be reimbursed by P. O.S. T. and therefore will have no net impact to the general fund. A:\TeamBuildingWkShp.wpd ),2.-/ '~"'--'''''''-''''- . ...~ .. RESOLUTION NO. )9.:2.37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING APPROPRIA TION OF UNANTICIPATED REVENUES IN THE AMOUNT $4335 FROM PEACE OFFICERS STANDARDS & TRAINING (P.O.S.T.) FOR A TEAM BUILDING WORKSHOP FOR MANAGEMENT MEMBERS OFTHE CHULA VISTA POLICE DEPARTMENT. WHEREAS, The city is continuing to undergo significant growth and new challenges, and; WHEREAS, the Police Department is also experiencing growth and facing new challenges, and; WHEREAS, the Police Department has experienced a 70 percent change in upper management appointments, and; WHEREAS, staff has identified the need to participate in a team building workshop, and; WHEREAS, The Peace Officers Standards & Training (P.O.S.T.) has approved reimbursement to the Police Department for the cost of the workshop, and; WHEREAS, This will allow staff to further enhance communication and strategies to deal with current and future challenges. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby Approve Appropriation of Unanticipated Revenues in the Amount $4335 from Peace Officers Standards & Training (P.O.S.T.) for a Team Building Workshop for Management Members of the Chula Vista Police Department. Approved as to form by: ichard P. Emerson J n M. Kaheny Chief of Police ity Attorney /c2" ~ COUNCIL AGENDA STATEMENT Item J] Meeting Date 10/27/98 ITEM TITLE: RESOLUTION /9J3 g ACCEPTING DONATIONSAND APPROPRIATING SAID DONATED FUNDS TO BE USED TO PURCHASE ANIMAL CONTROL SUPPLIES AND EQUIPMENT SUBMITTED BY: Chief of POI'~"v ~ REVIEWED BY: City Manag~ ~ -" (4/5ths Vote: Yes .lL No _) BACKGROUND: The Chula Vista Animal Shelter received donations of $2,747 in cash, over $1 ,300 worth of dog and cat food and over $5,000 in cat cages and dog beds. RECOMMENDATION: That the City Council accept the donations and appropriate said funds for animal control equipment and supplies. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On August 22, 1998 KGB held a live remote broadcast at the Chula Vista Animal Shelter forthe purpose of raising pubic awareness, educating the public about overpopulation and pet irresponsibility and to get the public to visit our shelter to adopt pets and bring donations. OJ's Coe Lewis and Shelly Dunn broadcast their show live for four hours at the shelter. As a result, citizens brought much needed donations of food, blankets, and grooming supplies as well as cash donations. Several local business also made donations. PetsMart donated $1,000, 51 dog beds for the kennels and three banks of stainless steel cat cages; Bob Baker Associates, $250.00; Animal Advocates gave $1 00.00 and Peoples Chevrolet donated dog and cat food. The shelter adopted all available cats that day and a total of 44 animals were adopted as a result of that broadcast in the week. FISCAL IMPACT: Acceptance of these donations will have no fiscal impact on the City of Chula Vista's general fund. K:\USRIADMIN\SCSIA 113SlASDONA TN. WPD /3 -) RESOLUTION NO. J9~.3¿( RESOLUTION OF THE CITY COUNCil OF THE CITY OF CHUlA VISTA ACCEPTING DONATIONS AND APPROPRIATING SAID DONATED FUNDS TO BE USED TO PURCHASE ANIMAL CONTROL SUPPLIES AND EQUIPMENT WHEREAS, the KGB radio station held a live remote broadcast at the Chula Vista Animal Shelter on August 22, 1998; and, WHEREAS, during the live broadcast the public was invited to come to the shelter to adopt animals and bring donations; and, WHEREAS, the shelter received $2,747 cash donations; and, WHEREAS, the shelter received dog beds, animal food, grooming supplies and stainless steel cat cages valued at over $1 ,500; and, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept and appropriate the donation to the Animal Shelter to be used for Animal Shelter supplies and equipment. Presented by: Approved as to form by: M Rich d P. merson ?-.l"~ Chief of Po ice K:IUSRIADM/NlSCSIRESDSIASDONA TN. WPD /3 ~='-- COUNCIL AGENDA STATEMENT ITEM pI MEETING DATE: October 27, 1998 /9.239 ITEM TITLE: Resolution Ratifying a Change in the Spending Allocation Plan for the Proposed One Quarter of a Cent Sales Tax for Libraries and Appropriating $94,099 from the City's General Fund Available Fund Balance to pay for Chula Vista's Estimated Cost of the March 2, 1999 Special Election for said Sales Tax Measure SUBMrrn;D BY: üb"", "'" R"""""" ~ REVIEWED BY: City Manag~ 'v() /? (4/5th Vote: Yes....x..No~ At the Regional Library Authority meeting of October 7, 1998, the City's representative, Mayor Shirley Horton, made a minor change to the wording of the City's spending plan that will appear in the county-wide library one quarter of a cent sales tax ordinance which will go before the voters on March 2, 1999. At that same meeting, the Authority was notified that each member jurisdiction would be responsible for its proportional share of the $1.775 million cost of the special March 2, 1999 election. Chula Vista's share will be $94,099 (ATTACHMENT A). RECOMMENDATION: That Council approve the resolution ratifying the change in the spending plan and appropriate $94,099 from the City's reserves to pay for Chula Vista's estimated cost of the March 2, 1999 special election. BOARD/COMMISSION RECOMMENDATION: It is anticipated that the Library Board of Trustees will support these actions at their meeting on October 28, 1998. DISCUSSION: HISTORY On October 7, 1997, the City Council approved Resolution 18788 supporting the formation of County Library Authority for the purpose of placing a one quarter of a cent sales tax measure on the ballot and designating the Mayor to act as the City's representative on the authority (ATTACHMENT B). On October 21, 1997, the County Board of Supervisors approved Resolution 97-329 establishing the County Regional Library Authority and specifying its purposes. )'1-/ ITEM _, PAGE 2 MEETING DATE: October 27 1998 On December 9, 1997, the City Council approved Resolution 18830 approving a Vision Statement and a Spending Allocation Plan for the proposed one quarter of a cent sales tax for libraries (ATTACHMENT C). On February 19, 1998 the Regional Library Authority approved "An Ordinance Benefitting County Library Programs, Operations, and Facilities by Adopting for Five Years Only a One Quarter Cent Transactions and Use Tax Commencing July 1, 1999 and Terminating June 30,2004 and Establishing an Appropriate Limit for the San Diego County Regional Library Authority. The authority also scheduled a vote of the people for March 2, 1999. On May 5, 1998, the City Council approved Resolution 18982 endorsing the ordinance approved by the Regional Library Authority for a one quarter of a cent sales tax to benefit public libraries county wide, subject to the approval of the voters (ATTACHMENT D). THE AUTHORITY MF:F:TING OF OCTOBER 7. 1998 The Authority reconvened on October 7, 1998, primarily to review the wording of the ordinance. During that discussion, it became apparent that it was now more preferable to have the purposes of the trust funds (or endowments) be worded in a general rather than specific manner. Therefore, the Mayor requested a change in Chula Vista's spending plan. Instead of specifÿing a trust fund for books and library materials (approximately $3.5 million) and another specific trust fund for new technology (approximately $400,000), our section of the ordinance now calls for a "dedicated trust fund to support library operations" (approximately $3.9 million). This means that the City Council and the Library will have greater flexibility in allocating the interest fÌ"om this trust fund (estimated to be around $300,000 annually) should the measure pass. This change will also make our spending plan consistent with other member jurisdictions. Our portion of the ordinance specifying "Library Projects/Service Proposals For Sales Tax Revenue" now reads: · Add more front desk staff and expand children's and youth programs · Increase hours at all branch libraries and eliminate video fees · Increase availability of public computers immediately. improve electronic access from horn...., Qud ...I......~.. &..d~......U bu¡tl fUlld rVI ~11ll.Â\.,ðJ' · Repair Civic CenterlMain Library and build. new library east on-805 · Buy more books and library materials immediatel} And "......b.... d...d;......b..d buól fU'ld ful - ;.;.;.; îl\I!I...fN~_¡¡~ ! /7> d-.. +..~ - ----- -~----------_._----,. .-,-.-----,.---.....-..------ ITEM _, PAGE 3 MEETING DATE: October 27 1998 The other critically important item on the Authority's October 7th agenda was pertaining to the matter of election costs. The first attempt to pass a library sales tax was placed before the voters during a general election in November 1996. The cost of putting that measure on the ballot was approximately $300,000, shared by the City and County of San Diego. Since the March 2, 1999 vote will be a special election, there are no other measures with whom to share election costs. As a result, the County Registrar of Voters currently estimates the cost of the special election at $1.775 million. Due to the cost of the election, the City and County are only willing to shoulder their proportional share of the cost. Therefore, the Registrar has estimated the cost for each of the other seventeen cities based on their respective number of registered voters. Chula Vista's share is $94,099. The Authority is currently exploring ways to lower this total cost, perhaps by not printing the entire text of the ordinance in the voter's pamphlet. Should the costs be lowered, Chula Vista's share would also drop. Regardless, the Authority has asked its member jurisdictions to pass a resolution of intent to pay the costs of the election by October 29, 1998. Staff recommends that Council appropriate the $94,099 ITom the City's General Fund Available Fund Balance for this purpose. The appropriation will be reimbursed should the voters approve the sales tax, since the cost of the election will then be paid for ITom the sales tax itself The $94,099 should be seen as an investment in the future of the library. Should the sales tax measure pass, the Chula Vista Public Library will see over $21 million in revenue that will be used to vastly improve library services. In the 1980's the City Council took a similar "gamble" when it appropriated $114,000 in General Funds to prepare a grant application to the California State Library. That special appropriation eventually resulted in a $6.7 million grant which allowed for the construction of our award winning South Chula Vista Library. On October 19, 1998, the Sand Diego County Taxpayers Association announced their endorsement of the five-year, quarter-cent county wide sales tax to benefit local libraries (ATTACHMENT E). FISCAL IMPACf: $94,099 will be appropriated for the purpose of paying Chula Vista's share of a special March 2, 1999 election to place a county wide sales tax measure on the ballot benefiting public libraries. Should the measure be approved by the necessary 66 2/3rds per cent of the electorate the cost of the election will be paid for ITom the tax itself. The Chula Vista Public Library will see approximately $21 million ITom the sales tax. / Lj--- j - --....---- -------.-----.--- - .---.---'. RESOLUTION NO. /9 c23 t RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING A CHANGE IN THE SPENDING ALLOCATION PLAN FOR THE PROPOSED ONE QUARTER OF A CENT SALES TAX FOR LIBRARIES AND APPROPRIATING $94,099 FROM THE CITY'S RESERVES TO PAY FOR CHULA VISTA'S ESTIMATED COST OF THE MARCH 2, 1999 SPECIAL ELECTION FOR SAID SALES TAX MEASURE WHEREAS, at the Regional Library Authority meeting of October 7, 1998, the City's representative, Mayor Shirley Horton, made a minor change to the wording of the City's spending plan that will appear in the county-wide library one quarter of a cent sales tax ordinance which will go before the voters on March 2, 1999; and, WHEREAS, at that same meeting, the Authority was notified that each member jurisdiction would be responsible for its proportional share of the $1.775 million cost of the special March 2, 1999 election; and, WHEREAS, Chula vista's share will be $94,099. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby ratify a change in the spending allocation plan for the proposed one quarter of a cent sales tax for libraries. BE IT FURTHER RESOLVED $94,099 is hereby appropriated from the City's Reserves to pay for Chula Vista's estimated cost of the March 2, 1999 special election for said sales tax measure. Presented by Approved as to form by David Palmer, Library and Recreation Director h:\home\attorney\library /Jj~,-/ ..---. -...- ~._--_. ATTACHMENT A T 1 1 I ---.. ESTIMATED COST DISTRIBUTION BASED ON REGISTERED VOTERS --~_._---- -.--. SPECIAL ELECTION in CALENDAR YEAR 1999 .--- COUNTY LIBRARY SALES TAX A5..A SINGLE BALLOT ISSUE -- -_.'------ ---- :~_. -------- -. ; --. .-. I - TOTAL COST ESTIMATE: - $1,775,000 FY 1998-99 Costs - -- - ---.- I I Jurisdiction Registered Number Voting Prorated ~ Share of Voters of issues Opportunities : Share % I Costs $ -.. - I I 41,975·3~ .- - -.. City of Carlsbad 3.25% $57,693 41,975 City of Chula Vista 68,463 ' 5.30%' . $94,099 68,463. _ 1 L City of Coronado 10,910 11 10,910 0.84%1 .-- $14,995 -... 0.26% City of Del Mar ! 3,411 l' 3,411 $4,688 -_.... . City of EI Cajon 41,496 1 41 ,496 3.21% $57,034 .- ... -... --.'.-- __.._ City of Encinitas 33,123 1 33,123 2.56% $45,526 City of Escondido 50'1=1 _50,336 ; 3.90%1 $69,185 -- .- City of Imperial Beach I 9.839 1 9,839 0.76%1 $13,523 .-~ - 2.48% 32,054 1 32,054 $44,057 City of La Mesa -.. City of Lemon Grove ---- 11,732 1 11,732 0.91% $16,125 -=--.. City of National City-I -_._._~--_. 15,864 1 15,864 1.23%, $21,804 City of Oceanside 1 67'Ufi=- 11 --" 67,637' 5.24%1 $92,964 , -_.....--- .. City of poway 25,397 1 ' 25,3971 1.97%' $34,907 --. City of San Diego 578.869 1 578,869T . 4~~1_. $795,631 --- . ___ City of San Marcos 22,1511 1 22,151í . 1.720î nn$30,446 --.- --- 28, 230¡- -{ City of Santee , 28,230 2.19% $38,801 t---------- -j 1-·-. City of Solana Beach . 8,480 1 8,480; 0.66%! $11,655 ----.-. -~-- City of Vista 32,990 1 32,990 2.55% $45,343 County (unincorporated area) - 208,462 16.14% $286,522 208,462 1 -- .- -. - -.-..-- .. 1 , - _ Tot~1 1'29=t=- i _ 1,291,41.91 100.00%' $1,7~5.,0~0 ----- In' ~...-: ______ 1 =±= .... ___ """-Somp""",,,,",,"~w;[:=r" Þ ~.., __ , I -------- !-'---- -- .-..-- , -f- , -------- --- - __-¡un , I : 1 9/29/98 Book1 /L/-Þ .~-- ---..--,..,-~...__._. -....--.,.,.--..--.-..-----.- · ATTACHMENT B RESOLUTION NO. 18788 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TAKING A POSITION TO SUPPORT THE FORMATION OF A COUNTY LIBRARY AUTI:i0RITY FOR THE PURPOSE OF PLACING A QUARTER OF A CENT SALES TAX MEASURE ON THE BALLOT AND DESIGNATING THE MAYOR TO ACT AS THE CITY'S REPRESENTATIVE ON SAID AUTHORITY WHEREAS, during October 1997, the San Diego County Board of Supervisors is scheduled to approve a resolution to create a County-wide Library Authority; and WHEREAS, this Authority will consider placing a quarter of a cent sales tax proposal on the June 2, 1998 ballot; and WHEREAS, if placed on the ballot and approved by a two-thirds majority, the tax would be in effect for five years, would be dedicated to improvements in library programs, operations and facilities only, and would provide Chula Vista with an estimated $20 million dollars; and WHEREAS, an identical effort in November of 1996 fell short of voter approval, although more than 59% of the voters supported the measure; and WHEREAS, as proposed, the Library Authority will be similar in form to the previous Authority which sunset after the November 1996 election; and WHEREAS, the Library Board of Trustees voted unanimously to request that the City Council support the formation of the County Library Authority. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby take a position to support the formé!t;on of a County Library Authority for the purpose of placing a quarter of a cent sales tax measure on the ballot and designating the Mayor to act as the City's representative on said Authority. Presented by Approved as to form by ~~;J~ Library Director /Lj~? .--'- -----_..~ -.."-."--'. Resolution 18788 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of October, 1997, by the following vote: AYES: Councilmembers: Moot, Padilla, Rindone, Salas, and Horton NA YES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ÆJAJht ;lmi:M Shirley Ho on, Mayor ATTEST: ~(! tkæu Beverly Ä. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18788 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of October, 1997. Executed this 7th day of October, 1997 Beverly A Authelet, City Clerk /L/~ 7 - _.;:--""~~'.! " .-...-.... .---------------....--"'-,.,.'.--------...- ATTACHMENT C RESOLUTION NO. 18830 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A VISION STATEMENT AND A SPENDING ALLOCATION PLAN FOR THE PROPOSED QUARTER OF A CENT SALES TAX FOR LIBRARIES WHEREAS, the Regional Library Authority has requested that each library jurisdiction prepare a "vision statement" and a spending allocation plan for monies raised by the proposed quarter of a cent sales tax; and WHEREAS, the Authority is scheduled to meet and review the plans from Chula Vista and the other library systems on Thursday, December 11, 1997; and WHEREAS, aher a review of the options, the Library Board of Trustees, Friends of the Library and staff recommended the following "vision statement"; In direct response to citizen requests. the Chula Vista. Public Library proposes to provide increased access and improved services to residents. WHEREAS, the following is the proposed $20 million spending allocation plan: · Buy more books and library materials $6,100,000 · Increase hours at all branch libraries 1,160,000 · Add more public service staff to assist the public 1,500,000 · Increase availability of public computers and new technologies 550,000 · Construct an East-Side Branch Library 10,300.000 · Repair/Renovate the Civic Center Library 390,000 NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Vision Statement and Spending Allocation Plan for the proposed quarter of a cent sales tax for libraries as set forth above. Presented by Approved as to form by wk?~ David PalrIJ.dr Library Director ¡1/---Y - - ~~~._._._._-- -~-----~~-- Resolution 18830 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 9th day of December. 1997. by the following vote: AYES: Councilmembers: Moot, Padilla, Rindone, Salas and Horton NA YES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None . ,Jf~~/Kt Shirley Hart n, Mayor ATTEST: ~)~ () ~ Beverly . Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18830 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 9th day of December, 1997. Executed this 9th day of December, 1997 ~ rl !2~-;Œjj¡z) Beverly . Authelet, City Clerk )z¡~~ --.---. ',--"-.'- - - _._------_..__._----,._,_._~--_..._,--'"--_...-............""-- ATTACHMENT D RESOLUTION NO. 18982 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENDORSING THE ORDINANCE APPROVED BY THE REGIONAL LIBRARY AUTHORITY.FOR A ONE QUARTER OF A CENT SALES TAX TO BENEFIT PUBLIC LIBRARIES COUNTYWIDE, SUBJECT TO THE APPROVAL OF THE VOTERS WHEREAS, on October 7,1997, the City Council unanimously approved Resolution 18788 endorsing the formation of a Regional Library Authority for the purpose of placing a quarter of a cent sales tax measure on the ballot and designating the Mayor to act as the City's representative; and WHEREAS, ovenhe last few months the Authority, made up of the mayors of the eighteen cities in San Diego County (including Mayor Horton) and a representative from the Board of Supervisors, have met and unanimously approved a quarter of a cent sales tax ordinance to benefit county public libraries and has scheduled a vote of the people for March 1999; and WHEREAS, the Authority is now asking each city in the county to endorse the ordinance which will be the foundation for efforts to win other organizational endorsements throughout the San Diego region; and WHEREAS, the Library Board of Trustees voted unanimously, at its April 22, 1998 meeting, to endorse placing the Ordinance, as drafted by the Regional Library Authority, on the March 1999 ballot. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby endorse the ordinance approved by the Regional Library Authority for a One Quarter of a Cent Sales Tax to benefit public libraries countywide, subject to the approval oj the voters. Presented by Approved as to form by ~~ - J M. Kaheny Library Director y Attorney . /,/-/tJ ~ . .,' , .....,"" .,. _.. ., ;a...~~~" .;.~_:..:....___._, .'n_ . ---"'.""'-.--.-.-'-'..--- +-.-.--. ~-~--~-"--~- Resolution 18982 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 5th day of May, 1998, by the following vote: AYES: Councilmembers: Moot, Padilla; Rindone, Salas and Horton NA YES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None S~ ATTEST: ~ () adal Beverly A. uthelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 18982 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5th day of May, 1998. Executed this 5th day of May, 1998. ~~ ", .' --.", -.- ~, .' . '_0 - - Beverly A. uthelet, City CierI< /1/-// ..:,,;ichl ",_.'.t,..;""" ..'-',.,----".,,'..". ._-..,-...._.,.."._.,.~_._.. ".,'- _ ,._ ___"__...h.._-"'-·.""'"'!''''''' __·-'~~·~C.~_.",- '.'~"~"_'_ ---"-"-'--~------ ---~~ Metro - Library proposal backed by group http://www.uniootrib.comlnewslmetrol981020_7m2Olib.html ATTACHMENT E III STOP II.·~=~·II·I RENTINGI ~DataOuk:k ==:J TLO.d·b"r'fa·SrNy¢Wp$r:p:::; :~Cked by group -. T~Jaj 5 Nt~¡ Tax would help build downtown facility w/r . ~.' By Roger M. Showley UNION-TRIBUNE STAFF WRITER October 20, 1998 SAN DIEGO -- A proposed five-year, quarter-percent countywide sales tax to benefit local libraries has won support £Tom the San Diego County Taxpayers Association, which opposed a similar measure two years ago because it did not include money for building a new main library downtown. The group announced its change of position yesterday after backers of Proposition L, headed for the March 2 ballot, agreed to permit some of the $423 million expected to be collected over the five-year term to go toward construction and operation of the proposed downtown library. Only library tax revenues collected in the city of San Diego would be channeled to the downtown library. "My goal was to seek an endorsement of Proposition L by the Taxpayers (association)," said county Supervisor Pam Slater at a news conference at county library offices. "I believe the support by the taxpayers (association) will ensure its passage." Doug Perkins, representing the taxpayers group, said he hopes the new backing will help attract the necessary two-thirds support countywide that the measure needs to win. He said his board will move to endorse the measure itself next month, assuming the proposed changes in the ballot language are adopted Thursday by the San Diego County Regional Library Authority. In November 1996, a proposed county tax to improve library services received just over 59 percent of the vote, short of the 66.7 percent requirement. Political analysts said the measure lost partly because of opposition £Tom Mayor Susan Golding and the taxpayers association. Golding said yesterday that she had not had time to study the Proposition L changes and was not ready to endorse the revised measure. Previously, ¡r/)2- lof3 10/20/98 11:51 AM _._...._-_..~,.. Metro - Library proposal backed by group http://www.uniOl1trib.com/newslmetro/981020_7m201ib.html she opposed higher taxes and said she thought new libraries should be funded through donations, grants and regular budget appropriations. Richard Rider, a leading Libertarian Party member involved in the last anti-library tax campaign, said he will oppose the measure because it would raise taxes. While the taxpayers group earlier had studied regional library needs and found more money was needed, it had objections until now regarding details of the ballot measure, most of which apparently have been overcome. The city of San Diego is projected to receive $212.5 million in library-tax proceeds over the five years and plans to spend $84.2 million of the money to replace or expand 20 branches and upgrade maintenance and operations, according to the latest plan. A $5 million operations building attached to the proposed Serra Mesa branch library also is being considered. City and county officials said the main library, now pegged to cost $103.5 million, would continue to be funded primarily from hotel room taxes. But up to $10 million would be available from the tax proceeds to cover the portion of the building directly serving residents and workers in the downtown area. None of the tax money going to the 17 other cities in the county or the unincorporated area would be earmarked for the downtown library, officials said. Besides the city of San Diego, amounts expected to be raised by the tax under Proposition L range from $879,490 for Imperial Beach to $29.4 million for Escondido, according to the San Diego Association of Governments. The amounts are based on each jurisdiction's share of sales tax receipts countywide. Besides securing money for the downtown library, the taxpayers group won tighter language governing use of the rest of the tax money. The proposed changes would require all unspent library tax revenues in mid-2009 to be deposited in the eight local public library system budgets for spending only on library projects and programs specified at that time. One other key change would guarantee libraries an annual increase of at least 2 percent in regular appropriations and no more than a 2 percent decrease if consumer prices fall faster. A key concept opposed by the taxpayers was the creation of dedicated trust funds out of the balance of the tax receipts. Most library systems, including those operated by the city and the county of San Diego, Ji!-/ :J ., n£'} ~._..,,_." ._-~._-- .--- .-- .. ,. ._0.1..0_ Metro - Library proposal backed by group http://www.uniontrib.comlnewslmetr0/98t020_7m20Iib.html planned to spend annual interest on improved maintenance and operations. It was unclear whether the revised ballot measure bars continuation of the trust funds in some fonn. Meanwhile, the city of San Diego continues to refine its plan for boosting branch libraries and replacing the 44-year-old Central Library at 820 E St. A City Council committee plans to review branch improvements that would be possible under passage of Proposition L at a Nov. 18 meeting. A preliminary list indicates that four branches would be expanded and 16 would be rebuilt. Golding has asked city staff to study two alternatives to building a new main library at the currently approved site at Kettner Boulevard and C Street. One option involves building an annex to the Central Library or razing the present building and constructing a new facility at the site. The second option is to locate a new main library near the proposed downtown ballpark if city voters approve the $411 million stadium project Nov. 3. Both alternatives would be compared with the plan that has been developed by a design team headed by local architect Rob Quigley to build the library at the Kettner and C site, across from the Santa Fe Depot. The design has been widely lauded but the council stopped work on the Quigley plan in February after questioning its financing and operational costs. Deputy City Manager Bruce Herring said an evaluation of the various downtown library proposals will be sent to the city's Board of Library Commissioners within 60 days. ...................................................mm.......mmmmm.......mm.......................................................................nom.................... Copyright 1998 Union-Tribune Publishing Co. ;;;-/1/ ~m."f'1 --.-..-----.-. ......~.---'_.~---,- COUNCIL AGENDA STATEMENT Item ).5 /9;2.'10 Meeting Date: 10/27/98 ITEM TITLE: Resolution Approving an Agreement among the City of Chula Vista, Trimark Pacific-San Miguel LLC, and Willdan Associates for preparation of a Public Facilities Financing Plan and Fiscal Impact Analysis for the San Miguel Ranch Sectional Planning Area Plan. SUBMITTED BY: Director of Planning and Buil . REVIEWED BY: City Manag~ ~ --? (4/5ths Vote: Yes_No..K.) On December 18, 1997, Trimark Pacific-San iguel LLC and the City entered into an agreement to process the San Miguel Ranch Sectional Planning Area (SPA) Plan application, which has been submitted and is currently under review. The City's Growth Management Ordinance requires the approval of a Public Facilities Financing Plan and Fiscal Impact Analysis (PFFP/FIA) in conjunction with the SPA plan. This report requests City Council approval of the proposed contract with Willdan Associates for $46,650 to provide consultant services for the preparation of the San Miguel Ranch SPA PFFP/FIA. RECOMMENDATION: That the Council approve the Resolution and authorize the Mayor to execute the Three-Party Agreement with the City of Chula Vista, Willdan Associates, and Trimark Pacific-San Miguel LLC, for preparation of a Public Facilities Financing Plan and Fiscal Impact Analysis. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION Backiround On December 18, 1997, Trimark Pacific-San Miguel LLC and the City entered into an agreement to process a SPA Plan application for the San Miguel Ranch project. Trimark Pacifico-San Miguel LLC has submitted applications which are currently being processed for the San Miguel Ranch Sectional Planning Area (SPA) Plan and associated Subsequent J5~/ "..,..,.. . ..."------_._.__._~-~_.,- ... Page 2, Item _ Meeting Date 10/27/98 Environmental Impact Report (SEIR). The preparation of a Public Facilities Financing Plan in conjunction with the SPA is required by the Growth Management Ordinance, Chapter 19.09 of the Municipal Code. Consultant Selection Process On August 20, 1998 the Planning Division issued a Request for Proposals (RFP) to obtain qualified consultant services to prepare a Public Facilities Financing Plan and Fiscal hnpact Analysis. The Planning Division consulted with the Engineering Division staff to develop a list of qualified consultants to which RFPs could be sent. Ultimately, RFPs were sent out to twenty (20) qualified firms. The City received proposals from four (4) firms: Burkett & Wong, David Taussig and Associates, Dick Jacobs & Associates, and Willdan Associates. To evaluate the proposals and select a consultant for Council recommendation, a selection committee was formed and approved by the City Manager pursuant to 2.56.230 (B-1) of the Municipal Code. The committee was made up of four (4) members and comprised of representatives from the City's Planning and Building Department, Engineering Division and Finance Department and was charged with rating each of the four proposals. Rating was accomplished through the review of RFP's, and the interviewing of each firm. During the interview process, each of the firms were asked the same questions. To assist the selection committee in scoring each firm, a rating sheet was prepared for each of the four firms with the following specific criteria: 1. Project Team Experience Max. 75 points 2. Knowledge of Fiscal Issues Max. 75 points 3. Understanding the Work Max. 50 points 4. Knowledge of Local Issues Max. 50 points 5. Knowledge of Project Issues Max. 50 points 6. Knowledge of Engineering Max. 50 points 7. Clarity of Cost Estimate Max. 25 points B... Proposal Ouali(y and Clarity Max. 25 points TOTAL: Max. 400 points /5' d--- ..-..-...---------.--."" Page 3, Item _ Meeting Date 10/27/98 The following are the scores of each firm: Consulting Firm Score Rank Fee Willdan Associates 347 1 $46,650 Burkett & Wong 307 2 $46,800 Dick Jacobs & Associates 294 3 $58,600 David Taussig & Associates 254 4 $S2,SÐÐ $31,700 At the conclusion of the process, Willdan Associates was judged the most qualified and desirable firm. The committee was impressed with Willdan Associates because of their extensive experience in public facilities financing, fiscal impact analysis, planning, and engineering particularly in the City of Chula Vista. It should be noted that the selection committee did not select the firm with the lowest bid, David Taussig and Associates. As shown above, Taussig's original bid of $52,500 was modified subsequent to their interview. During the interview, the committee determined that while Taussig and Associates was a competent firm, their proposed scope of work was in excess of the scope of services in the RFP. The committee offered Taussig and Associates the option to submit a revised scope of services, and informed the other candidates and Trimark Pacific of this option. Taussig submitted a revised proposal the following morning, with the $31,700 cost estimate. In reviewing the revised proposal, committee members felt that too much had been extracted from their prior scope of services, and that the effective polar swing from an excess scope to an inadequate scope reaffirmed their conclusion that Taussig and Associates did not demonstrate an adequate knowledge of local or project-related issues, and that their scoring and ranking of the proposal would not change. Propsed Contract Because the cost of consulting services to prepare a Public Facilities Financing Plan is estimated to exceed $25,000, the contract must be awarded by the City Council pursuant to the procedures specified in Section 2.56.220 of the Municipal Code: "Exception-Selection of architectural, engineering, environmental, land surveying, and construction project management professional consultant services and other services." Those required procedures including registration, notice, selection and award of contract specified in Section 2.56.220 have been satisfied. Based on requirements outlined in the Municipal Code Section 2.56.230 (BA) "Exception-Outside Services Consultant Selection Process, Selection Committee", the Director of Planning and Building negotiated a contract (see attachment 1) with the firm ranked #1 by the selection /S>3 Page 4, Item _ Meeting Date committee, Willdan Associates, at a price detennined to be fair and reasonable. The proposed contract defmes the conditions of the agreement required by the Municipal Code, which include contract scope, work plan and schedule, costs, fee, method of payment, duration, insurance, and indemnification. The total contract cost of $46,650.00 includes all these elements. The consultant selection process and contract has been discussed with Trimark Pacific-San Miguel LLC and they are satisfied with the selection. Willdan Associates, Trimark Pacific, and the City Risk Manager and City Attorney's Offices have reviewed and approved the proposed contract. As required by Section 5 of the Administrative Guidelines for service providers, Council is advised that Willdan Associates has received City contracts totaling $74,500 during the last 12- month period. FISCAL IMPACT: Willdan Associates' cost to prepare the PFFP/FIA is $46,650.00. The cost will be paid by the project applicant, Trimark Pacific-San Miguel LLC, through a deposit account. Any city staff time associated with preparation of the PFFP/FIA will also be reimbursed by Trimark Pacific-San Miguel LLC through a separate deposit account already established with the City. Attachments 1. Three- Party Agreement NOT SCANNED H:\HOMElPLANNINOIRICHZIPFFP\SMR-PFFP .P.PT /~/f - -.-.- RESOLUTION NO. /9ø2 10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, TRIMARK PACIFIC - SAN MIGUEL LLC, AND WILLDAN ASSOCIATES FOR PREPARATION OF A PUBLIC FACILITIES FINANCING PLAN AND FISCAL IMPACT ANALYSIS FOR THE SAN MIGUEL RANCH SECTIONAL PLANNING AREA PROJECT WHEREAS, on December 17, 1996, the Amended San Miguel Ranch (Horseshoe Bend Alternative) General Development Plan was approved by the City Council of the City of Chula Vista; and, WHEREAS, on December 18, 1997, the City Council approved an agreement with Trimark Pacific - San Miguel LLC to process a Sectional Planning Area (SPA) Plan application for the 738 acre south parcel and that application is now under review by the Planning Department, other City departments and governmental agencies; and, WHEREAS, the Growth Management Ordinance requires that a Public Facilities Financing Plan and Fiscal Impact Analysis be prepared in conjunction with the processing of a SPA plan; and, WHEREAS, the expertise necessary to prepare the Public Facilities Financing Plan and Fiscal Impact Analysis requires the hiring of a consultant, and on August 20, 1998, a list of twenty (20) consulting firms were sent Requests for Proposals; and, WHEREAS, the City received proposals from four (4) consulting firms, and, pursuant to Chula Vista Municipal Code Chapter 2.56, formed a selection committee to review each proposal, held interviews, graded proposals, and provided a recommendation to the City Council of the most qualified consulting firm; and, WHEREAS, as a result of this selection process, Willdan Associates was determined to be the most qualified and most responsible firm to provide contractual services to prepare a Public Facilities Financing Plan and Fiscal Impact Analysis for the San Miguel Ranch SPA; and, WHEREAS, Willdan Associates warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Consultant to City within the time frames, and pursuant to the scope of services herein provided all in accordance with the terms and conditions of the Three-Party Agreement attached hereto; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve an Agreement with Willdan Associates ("consultant") and IS:- .s- Trimark Pacific - San Miguel LLC ("project applicant") for professional services to prepare a Public Facilities Financing Plan and Fiscal Impact Analysis for the San Miguel Ranch SPA, a copy of which shall be kept on file in the office of the City Clerk as Document No.(lôQ1?·';¿ò5. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by: Approved as to fonn by: Robert Leiter Ov-- ~ &k John M. Kaheny Director of Planning City Attorney g <~ f:5.51 Three Party Agreement Between City of Chula Vista, Willdan Associates, (Consultant), and Trimark Pacific-San Miguel, LLC, (Applicant) For Consulting Work to be Rendered in preparation of a Public Facilities Financing Plan and Fiscal Impact Analysis for the Applicant's San Miguel Ranch Project 1. Parties. This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, the consulting firm ofWilldan Associates designated on the attached Exhibit A as "Consultant", whose business form and address is indicated on the attached Exhibit A, and the person designated on the attache d Exhibit A as "Applicant", Trimark Pacific-San Miguel LLC, whose business form and address is indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the owner of land ("Property") commonly known as, or generally located as described on Exhibit A, Paragraph I, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5. This Agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. (h: \homelplanninglrichzlpffplsmr-pffp .3pt) Tbree Party Agreement October 9, 1998 Page 1 /~çr ? Q Dqc;j'16~ - -----~,---_._.._..._._---_._--_..- 2.6. Additional facts and circumstances regarding the background for this Agreement are set forth on Exhibit B. 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT AND APPLICANT AS FOLLOWS: 3.1. Employment of Consultant by Ap,plicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope-of-Work", ("Detailed Services"), and all services reasonable n=ssary to accomplish said General Services and Detailed Scope-of- Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 7, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within fifteen (15) days of Applicant's billing, or in accordance with the security deposit provisions of (h: Ihome\planning\richz\pffp\smr -pffp.3pt) Three Party Agreement October 9, 1998 Page 2 J5~r Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than fifteen (15) days, or in accordance with Ihe Bill Processing procedure in Exhibil C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for the compensation unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.1.1. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.2. Reductions in Scope-of-Work. City may independently, or upon request from Consultant, from time to time reduce the Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Ap,plicant. 3.3.1. D¡;posit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as hereinbelow set forth: 3.3.1.1 Other Terms of Deposit Trust. 3.3 .1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this Agreement. (h: \home\planninglrichz\pffp\smr -pffp.3pt) Three Party Agreement October 9, 1998 Page 3 /S~~ 3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned during the period on its general fund. 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than thirty (30) days after the termination of this Agreement and any claims resulting therefrom. 3.3.1.1.4. Applicant shall be notified within thirty (30) days after of the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in th e manner herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within thirty (30) days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same tenus of trust governing the original Deposit. 3.3.2. Withholdin~ of Processin~. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this Agr=ent, City shall be entitled to withhold processing of Applicant's application upon a breach of Applicant's duty to compensate Consultant. 3.3.3 Payment of Administrative Overhead. Pursuant to this agreement, Applicant shall pay an additional fee of ten percent (10%) of the Consultant's fee to City as City's administrative overhead incurred in the administration of this agreement. The applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit Cas" Administrative Fee" with the City. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against th e risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A", Class "V" or better, or shall meet with the approval of the City: (h: Ihome\planninglrichz\pffp\smr-pffp .3pt) Three Party Agreement October 9, 1998 Page 4 /Y/t/ 4.1.1. Statutory Worker's Compensation Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. 4.2. Proof of Insurance Covera~e. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City, Trimark Pacific - San Miguel LLC, demonstrating same and naming Trimark Pacific- San Miguel LLC and the City of Chula Vista as additional insureds. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the Cit y and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 4.4. Communication to Ap¡¡licant. Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applic ant to ensure the adequacy of services performed by Consultant. 5. Non-Compensation Duties of the Applicant. (h: Ihomelplanninglrichzlpffplsmr -pffp.3pt) Three Party Agreement October 9, 1998 Page 5 /f~// ~~_._._..- ----- 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Applicant, withi n the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. Propertv Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, provided that the applicant is given forty-eight (48) hours notice prior to the City or consultant entering the property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indemnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. 5.3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals (" Administrators ") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this Agreement. 7. Conflicts of Interest. 7 .1. Consultant is Desi~ated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. Decline to Participate. (h: Ihome\planninglrichz\pffp\smr-pffp .3pt) Three Party Agreement October 9, 1998 Page 6 /~ / /---- -.- -.- .--..----.. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a fInancial interest other than the compensation promised by this Agreement. 7.3. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this Agreement. 7.4. Promise Not to Acquire Conflictin¡¡ Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 7.5. Duty to Advise of Conflictin¡¡ Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. SpecifIc Warranties A¡¡ainst Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates by Applicant or by any other party as a result of Consul tant' s performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for twelve (12) months thereafter. (h: lhome\planning\richz\pffp\smr-pffp.3pt) Three Party Agreement October 9, 1998 Page 7 /fr-/3 Consultant agrees that Consultant shall nOl acquire any such Prohibited Interest within the Term of this Agreement, or for twelve (12) months after the expiration of this Agreement. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement. 8. Default of the Consultant for Breach. This Agreement may be terminated by the City for default if the Consultant breaches this Agreement or if the Consultant refuses or fails to pursue the work under this Agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this Agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's Right to Terminate Payment for Convenience, Documents. 9.1. Notwithstanding any other section or provision of this Agreement, the City shan have the absolute right at any time to terminate this Agreement or any work to be performed pursuant to this Agreement. 9.2. In the event of termination of this Agreement by the City in th e absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the services actua1ly performed by the Consultant up to the date of such termination, less the aggregate of an sums previously paid to the Consultant for services performed after execution of this Agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this Agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this Agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Cousultant in performance of this Agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Cousultant's work. 10. Administrative Claims Requirement and Procedures. (h: Ihome\plarming\richz\pffp\smr -pffp .3pt) Three Party Agreement October 9, 1998 Page 8 /S>/I - '---~-'-~_.--. . No suit shall be brought arising out of this Agreement, against the City, unless a claim has first been presented in writing and filed with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and Indemnification. 11.1. Consultant to Indemnify City and Ap.plicant re In¡uries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees and Applicant from and against all claims for damages, liability, cosl and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City or Applicant, defend any such suit or action brought against the City, its officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall not be limited by any prior or subsequen t declaration by the Consultant. 11.2. Applicant to Indemnify City re Compensation of Consultant. Applicant agrees to defend, indemnify and hold the City harnùess against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 12. Business Licenses. Applicant agrees to obtain a business license from the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Represent City. (h: \home\planninglrichz\pftþ\srnr -pftþ.3pt) 1bree Party Agreement October 9, 1998 Page 9 /Sr/Ç' Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests provided for or pennitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. Entire A~reement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enfor=ent of such amendment, waiver or discharge is sought. 13.5. Ca.vacity of Parties. 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 thi s Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 13.6. Governin~ LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the (h: \home\planninglrichz\pffp\smr-pffp. 3pt) Three Party Agreement October 9, 1998 Page 10 /fr/? _.__._-_._-~-_.,----_...- same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13 .8. CountetJ'arts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in goo d faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headin¡:s. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 13.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Agreement provides to the contrary . 13.13. No Additional Beneficiaries. Despite the fact that the required performance under this Agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this Agreement. Notwithstanding the foregoing, this is a three party agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. (h: \homelplanninglrichzlpffplsmr -pffp. 3pt) Three Party Agreement October 9, 1998 Page 11 /s- /? (End of Page. Next Page is Signature Page.) (h: Ihomelplanninglrichzlpffplsmr-pffp. 3pt) Three Party Agreement October 9. 1998 Page 12 /-;--~/ r - _._-~ . Signature Page NOW THEREFORE, the parties hereto, having read and understood the tenns and conditions of this Agreement, do hereby express their consent to the tenns hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista by Shirley Horton, Mayor Approved as to Form: Anest: by: John M. Kaheny, City Anorney Beverly A. Authelet, City Clerk Dated: Consultant: Willdan Associates ði:!lJ:U-- Vice President, Regional Manager Dated: Applicant: Trimark Pacific-San Miguel LLC, a California limited liability company by: Stephen Hester, Vice President (h: Ihome\planning\richz\pffp\smr-pffp .3pt) Three Party Agreement October 9, 1998 Page 13 /~'--/1 Exhibit A Reference Date of Agreement: 10/20/98 Effective Date of Agreement: 10/ /98 City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Willdan Associates Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X) Corporation Address: 6363 Greenwich Drive, Suite 255, San Diego, CA 92122 Applicant: Trimark Pacific-San Miguel, LLC, a California limited liability company Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership ( ) Corporation (X) Other: LLC, A California Limited Liability Company Address: 7700 Irvine Center Drive, Suite 470, Irvine, CA 92718 1. Property (Commonly known address or General Description): (h: \hoffie\planning\richz\pffp\smr -pffp .3pt) Three Party Agreement October 9, 1998 Page 1 J ç- cJ{? -.. -- -- --- ---- ._--~_.._- The San Miguel Ranch Sectional Planning Area (SPA) consists of approximately 746 acres commonly referred to as the South Parcel, and generalJy located east and north of Proctor ValJey Rd., South of Jone! Way and the SDG&E Miguel Substation, and west of RolJing Hills Ranch. 2. Project Description ("Project"): Preparation of a new Public Facilities Financing Plan (PFFP) and Fiscal Impact Analysis (FIA) for the 746 acre San Miguel Ranch Property as required by the City's Growth Management Ordinance in conjunction with the concurrent processing of a Sectional Planning Area (SPA) Plan for the Property. 3. Entitlements applied for: Sectional Planning Area (SPA) Plan (which mayor may not include minor amendments to the approved GDP) and associated documents, including, but not necessarily limited to the following: Planned Community Design Guidelines; Planned Community District Regulations; Air Quality Improvement Plan; Water Conservation Plan; Affordable Housing Program; Public Facilities Financing Plan; Fiscal Impact Analysis; Subsequent Environmental Impact Report; annexation (which mayor may not include lands other than the Property); and Master Tentative Subdivision Map. 4. General Nature of Consulting Services ("Services--General"): Prepare the new Public Facilities Financing Plan (PFFP) and Fiscal Impact Analysis for the San Miguel Ranch SPA Plan to identify the amount, location, timing and fmancing mechanisms necessary to build and deliver required public facilities and services to the project, and to identify the overall, net fiscal impact the project will have on the City in terms of revenue s and expenditures. (h: \homelplanninglrichzlpffplsmr -pffp. 3pt) Three Party Agreement October 9, 1998 Page 2 JSrc2/ --.".-,,-" The PFFP shall consist of an independent evaluation of the project's comp liance with the City's adopted Growth Management Threshold Standards at buildout of the project as well as during its phasing, and provide an assessment of the probable short- and long-term impacts on those standards, along with recommendations to mitigate the identified impacts, and the timing for installation/delivery of necessary facilities and services. The FlA shall consÎSl of an independent evaluation of the project's fiscal impacts on the operation and maintenance budgets of the City (General Fund), and shall take into consideration the affects of annexation of the Property. The FIA will address the costs and revenues to the Cit y as a result of providing infrastructure and services to the San Miguel Ranch project. In the course of preparing and finalizing the PFFP and FlA, the Consultant (and any of their sub-contractors) shall attend one public forum, and up to two Planning Commission hearings and two City Council hearings, in addition to meetings with City staff, the EIR consultant, or others as the Planning Department deems necessary to complete the work. 5. Detailed Scope of Work ("Detailed Services"): The following tasks are intended to represent the scope of services required in the preparation of the subject PFFP and FIA as presented in the Request for Proposals dated August 20, 1998, in sections 19.09.060, .070 and .080 of the City's Municipal Code, and as described WilIdan Associates proposal dated September 17, 1998. Public Facilities Financin~ Plan œFFP) - Task A: Preliminary Research Gather and review all available data regarding the San Miguel Ranch project, (h: Ihome\planninglrichz\pffp\smr -pffp.3pt) Three Party Agreement October 9, 1998 Page 3 /p:-J-~ .--.- "__'.._n' __.._._..... _...~,~___._ ... ..~_. including, but not limited to the adopted San Miguel Ranch Amended Horseshoe Bend GeneraJ Development Plan and related documents and any conditions of approvaJ; the San Miguel Ranch Draft SPA Plan documents and infrastructure technicaJ studies; PFFPs for other eastern Chula Vista projects; Master Facilities plans; related tentative maps and associated conditions of approval; related City Resolutions; and current environmental impact reports with all related back-up technical reports; and any other environmental documentation including prior EIRs. Hold meetings with City staff, the applicant or their consultants, and affected agencies as necessary to gather and review data. Task B: Identify and Describe Facilities and Services Impact. Following the review of the available data, identify facilities and services that may be impacted by the San Miguel Ranch SPA pursuant to the adopted City Growth Management Threshold Standards; provide a preliminary cost estimate for the new and/or upgraded infrastructure and services required both on- and off-site to support the San Miguel Ranch SPA; and identify costs and fInancing methods for that infrastructure and services. The financiaJ anaJyses shall summarize the impact fees and any fee credits as applicable, and shaJl coordinate with and incorporate any other relevant fiscal impact data, evaluations or recommendations arising from the Fiscal Impact Analysis (PIA). The above are to consider both the amount of development within the San Miguel Ranch SPA, as well as that within other projects in eastern Chula Vista which are forecast to develop within the same time frame as the San Miguel Ranch SPA, and shall analyze conditions during the phasing of the San Miguel Ranch SPA (years 1998,2000,2005) and at buildout of the project (year 2010). Task C: Independent Evaluation and Recommendations to Mitigate Impacts. (h: Ihome\planning\richz\pffp\smr -pffp .3pt) Three Party Agreement October 9, 1998 Page 4 /S~e:23 Conduct an independent evaluation of the San MigueJ Ranch project's compliance with the adopted City Threshold Standards and provide an assessment of the probable short and long-tenn impacts as well as recommendations to mitigate impacts and maintain compliance with the Threshold Standards. Task D: Preparation of Draft and Final PFFP Documents Prepare a Preliminary Draft, Draft and Final Public Facilities Financing Plan (PFFP) for the San Miguel Ranch project, including but not limited to the statistical tables, exhibits, text, public facilities and services phasing, methods of financing public facilities and services, and other pertinent items to ensure that the San Miguel Ranch project would have the necessary infrastructure and services prior to or concurrent with need. The Consultant shall deliver the requisite number of copies of the Preliminary Draft, Draft and Final PFFP documents as set forth in Paragraph 6. Fiscal ImDact Analysis ŒIA)- Task A: Preliminary Research Gather and review all available and relevant data regarding the San Miguel Ranch SPA's impact upon the operation and maintenance budgets of the City and its General Fund, and considering the current infonnation associated with the City's Fiscal Year 1998- 99 budget. Gather and review information from the applicant (Trimark Pacific-San Miguel LLC) regarding the land uses, residential product types, population, and phasing and buildout schedules for the SPA. This shall include as many meetings with City staff and (h: Ihome\planninglrichz\pffp\smr-pffp. 3pt) Three Party Agreement October 9. 1998 Page 5 /~~ '/ administrators, and the applicant or their consultants as are necessary to gather and review the data. Task B: Identify and Describe Fiscal Impacts Conduct an analysis utilizing CIC Research, Inc.'s fiscal impact model and methodology recently developed in conjunction with analyses for the Eastlake Trails project. Update the noted model with Fiscal Year 1998-99 data and customize it as necessary to fit the characteristics of the San Miguel Ranch SPA. Analyze and address the fiscal impacts that the San Miguel Ranch SPA will have upon the City's operation and maintenance budgets considering the costs and revenues to the City in providing infrastructure and services to, and as a result of, the San Miguel Ranch SPA. Contact City Department heads and staff as necessary to help identify any unique conditions or problems with providing infrastructure and services to the project, including those that may be associated with annexation. The analyses shall be presented in both written and tabular fonnat, and shall present City revenues and expenditures annually based upon the project's development absorption schedule, and the according fiscal surpluses and deficits. Task C: Preparation of Draft and Final Fiscal Impact Reports Prepare a Draft Fiscal Impact Analysis Report document for review by City staff and any affected agency in the requisite number of copies and per the schedule presented in Paragraph 6. Coordinate all fiscal impact data, evaluations, recommendations, etc. with Willdan Associates, and incorporate data, recommendations statistics etc. into the PFFP. Prepare a Final Fiscal Impact Analysis to be incorporated into the PFFP document. (h: Ihome\planninglrichz\pffp\smr-pffp. 3pt) Three Party Agreement October 9, 1998 Page 6 /S~~ _....---- .-....---.--......-....,- -_..~-_.- 6. Schedule, Milestone, Time-Limitations within which to Perform Services: Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement Dates or Time Limits for Delivery of Deliverables: Deliverable No. I: Fifteen (15) bound copies of the Preliminary Draft PFFP for staff review and distribution. Due date: November 25, 1998, a minimum of 2 weeks after all the required information under PFFP Task A is provided to the Consultant, or 5 weeks from the date of commencement, whichever is later. Deliverable No.2: Fifteen (15) bound copies of the Draft PIA for staff review and distribution. Due date: Same as Deliverable No. 1. Deliverable No.3: Fifteen (15) bound copies ofrevised Draft PFFP containing all staff comments. Due date: December 23, 1998, or four weeks after the date of Deliverable No.1, whichever is later. Deliverable NO.4: Fifteen (15) bound copies of the Final FlA. Due date: Same as Deliverable No.3. (h: \homelplarminglrichzlpffplsmr-pffp .3pt) Three Party Agreement October 9, 1998 Page 7 /S-r~? ....._--.~-,--- Deliverable No.5: Eighteen (18) 3-hole punched, bound copies of the Final PFFP (and incorporating the FIA) for public hearings, a photo ready master hard copy, and a computer diskette file fonnatted for Word Perfect 6.1 for Windows. Due date: January 13, 1999, or three weeks after the date of Deliverable No.3, whichever is later. Deliverable NO.6: Eighteen (18) 3-hole punched copies of any portions of the Final PFFP/FlA which were revised or other wise affected by the City Council's final action on the San Miguel Ranch SP A/PFFP, according revisions to the master hard copy, and a replacement diskette file of the revised Final PFFP fonnatted for Word Perfect 6.1 for Windows. Due date: Within two weeks of the date of the City Council's action. Dates for completion of all Consultant services: Thirteen weeks from the effective date of agreement or as extended by the Director of Planning in the Director's sole discretion. 7. Documents to be provided by Applicant to Consultant: (X) site plans/draft SPA document (X) grading plans ( ) architectural elevations (X) project description (X) technical studies including water, wastewater, drainage, traffic (X) phasing plan. (h: \home\planning\richz\pffp\smr-pffp.3pt) Three Party Agreement October 9, 1998 Page 8 /Y02? 8. Contract Administrators: City: Edgar Batchelder Senior Planner City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 Applicant: Stephen Hester / Mark Faulkner Trimark Pacific-San Miguel LLC 7700 Irvine Center Drive, Suite 470 Irvine, CA 92718 Consultant: Thomas Bandy Willdan Associates 6363 Greenwich Drive, Suite 255 San Diego, CA 92122 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interes t Code: (X) Not Applicable. Not an FPPC Filer. ( ) Category No. 1. Investments and sources of income. ( ) Category No.2. Interests in real property. (h: Ihome\planning\richz\pffp\smr-pffp .3pt) Three Party Agreement October 9, 1998 Page 9 /y~cY ....---...---- ( ) Category NO.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category NO.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category NO.7. Business positions. 10. Insurance Requirements: (X) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General (h: lhome\planning\richz\pffp\smr-pffp.3pt) Three Party Agreement October 9, 1998 Page 10 /..3~ 0<'1 ----- _.~--~_._- .-----~-_._-~_.._.,--,_._- --- Liability coverage). (X) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). (h: Ihome\planninglrichz\pffp\smr -pffp.3pt) Three Party Agreement October 9, 1998 Page 11 /.5~ 3¿J Exhibit B Additional Recitals WHEREAS, the Applicant has deposited or will deposit an initial sum for the processing of requests for proposals, draft and fInal Public Facilities Financing Plans and Fiscal Impact Analysis, and all other necessary documents as outlined in Exhibit A, and WHEREAS, public notice of the required consulting services was given to the consultants included on the City's list of prospective consultants for preparation of Public Facilities Financing Plans(pFFP) I Fiscal Impact Analyses (PIA), inviting prospective consultants to submit proposals for preparation of the San Miguel Ranch SPA PFFP/FIA, and WHEREAS, the City Manager appointed a selection committee which has in accordance with Section 2.56.230 of the Chula Vista Municipal Code, recommended the Consultant noted in Exhibit A to perform the required services for the City, and WHEREAS, the Contract Administrator has negotiated the details of this Agreement in accordance with procedures set forth in Sections 2.56.220-224 of the Chula Vista Municipal Code. (h: \home\planninglrichz\pffp\smr-pffp .3pt) Three Party Agreement October 9, 1998 Page 12 /S-~3 ( Exhibit C Compensation Schedule and Deposit: Terms and Conditions ( X ) Single Fixed Fee Arrangement For performance of all general and detailed services of Consultant prescribed in Exhibit "A", paragraphs 4 and 5, Applicant shall pay a single fixed fee, one-half of which is to be deposited upon execution of this agreement. The other one-half shall be due as described under the "Deposit" section of this exhibit. The City shall pay Consultant in increments and at the times or milestones set forth below: ( X ) Single Fixed Fee Amount: $46,650.00 Milestone AmountlPercentage of Fixed Fee to be Paid 1. Signing of this agreement by all parties and upon request by the Consultant $10,450.00 / 22 % 2. Deliverable #1 (Preliminary Draft PFPP) $18,500.00/40% Deliverable #2 (Draft PIA) 3. Deliverable #3 (Revised Draft PFFP) $9,500.00/20% Deliverable #4 (Final PIA) 4. Deliverable #5 (Final PFFP) $8,200.00/ 18% (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for $46,650.00 including all Materials, and other "reimburseables" ("Maximum Compensation"). (X) City Administrative Fee For compensation of the overhead costs involved in administering this contract, the Applicant shall pay to the City an additional fee of ten percent (10%) of the Consultant's fee, specifically $4,665.00. Applicant shall deposit this amount in conjunction with the deposit of the Consultant fees. (h: Ihome\planning\richz\pffp\smr-pffp .3pt) Three Party Agreement October 9, 1998 Page 13 /S- 3 c2., Rate Schedule Category of Employee of Consultant Hourly Rate Willdan Associates: Principal Engineer $125 Division Manager $120 Supervising Engineer $110 Associate Engineer $ 90 Associate Planner $ 80 Technician $ 48 Deposit (X) Deposit Amount: A. At execution of agreement - $23,325.00 B. At completion of milestone 2 -$27,990.00 (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety . ( X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: Upon completion of each milestone (h: \home\planning\richz\pffp\smr-pffp .3pt) Three Party Agreement October 9, 1998 Page 14 /s- 3;1 .---... ----- B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: On the 10th day of each month following completion of each milestone C. City's Account Number: (h: Ihome\planninglrichz\pffp\smr -pffp.3pt) Three Party Agreement October 9, 1998 Page 15 /y3Ý ...--- -.....- ..-..-..- - -~..._. COUNCIL AGENDA STATEMENT Item )~ Meeting Date October 27. 1998 ITEM TITLE: Annual Fiscal Status Report for Fiscal Year 1997-98 and Quarterly Fiscal status Report for the First Quarter of Fiscal Year 1998-99 SUBMITTED BY: Director of Financ~ REVIEWED BY: City Manage~~ ../7 s Vote: Yes _No-X-) In accordance with Charter section 504 (f) , attached for your consideration is a report covering the final results of Fiscal Year 1997-98 and the first quarter of Fiscal Year 1998-99. RECOMMENDATION: That Council accept the report as submitted. DISCUSSION: section 504(f) of the City Charter requires quarterly and annual fiscal status reports to be filed by the Director of Finance through the city Manager. In addition, the annual report is to be published in the local newspaper. Attached for your consideration is a report covering both the annual results for Fiscal Year 1997- 98 and the first quarter status for Fiscal Year 1998-99. The final results for Fiscal Year 1997-98 were significantly better than projected in the third quarter status report, with Available Fund Balance for the General Fund at approximately $6.7 million. This figure reflects an increase from the $4.4 million balance at the beginning of the fiscal year, based on expenditures and transfers out of $62.1 million supported by revenues and transfers in of $64.4 million. This significant improvement is the direct result of several departments achieving savings over the amounts budgeted for their operations. At 10.1 percent of the General Fund operating budget, the Available Fund Balance is now above the Council Policy minimum target level of 8 percent. The first quarter status for Fiscal Year 1998-99 reflects that although most economic indicators continue to be positive, there is considerable international economic turmoil which has the potential to cause largely unpredictable variations in specific ¡d-) ----------- ~ Page 2, Item Meeting Date 10/27/98 revenue and expenditure accounts. Given this economic instability, and the inability to accurately predict any impact on our operations at this early stage of the fiscal year, overall budget assumptions continue to appear reasonable. However, subsequent to adoption of the original budget, supplemental appropriations totaling $4.1 million have been approved which are only partially funded by additional estimated revenues of $2.3 million. Unless the difference of $1. 7 million is covered by over-realized or unanticipated revenues, or expenditure savings, Available Fund Balance will reflect a decrease by the same amount at year end. FISCAL IMPACT I There is no fiscal impact relative to accepting or rejecting the report, since it is for information purposes only. The City General Fund ended Fiscal Year 1997-98 with an Available Fund Balance of $6.7 million. Assuming that the assumptions made during the budget process for Fiscal Year 1998-99 remain valid, based on the limited information available this early in the fiscal year, the Available Fund Balance for the General Fund could decrease by as much as $1. 7 million due to supplemental appropriations approved subsequent to adoption of the original budget. J¿, ~;2 COUNCIL INFORMATION DATE: October 15, 1998 TO: Honorable Mayor and City council VIA: David D. Rowlands, ~. , City Manager FROM. Robert w. Powell, Director of Financ~ SUBJECT: FY 1997-98 ANNUAL FISCAL STATUS REPORT FY 1998-99 FIRST QUARTER FISCAL STATUS REPORT Fiscal Year 1997-98 Annual Fiscal Status Report Available Fund Balance is generally defined as the balance of resources currently available for appropriation and therefore, does not include legally required reserves, reserves for encumbrances (commitments) , etc. The General Fund began Fiscal Year 1997-98 with an Available Fund Balance of $4.4 million and ended the year as of June 30, 1998 with an Available Fund Balance of $6.7 million. Expenditures and Transfers Out for the year amounted to $62.1 million, supported by Revenues and Transfers In of $64.4 million, resulting in the increase of $2.3 million in Available Fund Balance from Fiscal Year 1997-98 operations. Although these fiscal year end figures are subject to audit adjustments, we are confident that any such adjustments will generally be immaterial. Please refer to the graphs presented in Attachment A which display how this year end balance compares to prior years and to the operating budget. As the second graph shows, the Available Fund Balance has increased to 10.1 percent of the operating budget, with the Council Policy reflecting a target level of 8 percent. The increase is the cumulative total of many factors, both positive and negative, but the most prominent is the accomplishment of $2.6 It /;3 . -'..'.--',- ..___.____m__...".,___....___.... 2 million in departmental expenditure savings, led by the departments of Public Works, Community Development, Police, and Parks & Recreation (now Library and Recreation), each spending more than $300,000 less than was allocated in the budget. In addition, significant increases were experienced in most major revenue categories such as Sales Taxes, Property Taxes, Motor Vehicle Taxes, and development related fees and charges due to the general economic upturn. Attachment B is an unaudited Summary Report of Revenues, Expenditures, and Changes in Fund Equity - All Funds for the fiscal year ended June 30, 1998. Please note that the column titled "General Funds" includes not only the General Fund, but other Funds such as self insurance reserves, which are combined with the General Fund for financial reporting purposes. As required by Charter section 504 (f) , this statement will be published in the local newspaper. Total Fund Balance for all Funds (excluding Trust Funds, the Redevelopment Agency, and the Bayfront Conservatory Trust) , including legally required reserves and other reservations of Fund Balance, increased by $10.1 million, or 10 percent during Fiscal Year 1997-98 to $110.2 million at June 30, 1998. The detailed data supporting this information is quite voluminous, but is available at your request. The published Annual Financial Statements including the opinion of the independent auditors should also be available within the next sixty days. Per Council direction, a list of any budget adjustments between summary accounts approved by the city Manager during the quarter is also to be provided. Attachment C details these transfers which totaled $93,839. Fiscal Year 1998-99 First Quarter Status Report The General Fund Budget adopted for Fiscal Year 1998-99 included appropriations for expenditures and transfers out of $66.1 million, supported by estimated revenues and transfers in of $66.1 million. During the first quarter, Council has approved $4.1 million in additional appropriations supported by additional estimated revenues of $2.3 for a net General Fund cost of $1. 7 million /t ~{ 3 (Attachment D) . A total of $1. 8 million or 47% of the new appropriations and revenues are related to the growth in development and building permit activity. Assuming estimated revenues are fully realized and appropriations are fully expended, the Available Fund Balance in the General Fund would decrease by the same $1.7 million by the end of Fiscal Year 1998-99. Attachments E and F are Summary Statements of actual Revenues totaling $6.3 million and actual Expenditures totaling $16.4 million for the first quarter of fiscal year 1998-99. These amounts are consistent with normal trends for the first quarter of the fiscal year. Due to the limited amount of data available at this early stage of the year, these reports are somewhat less informative than they will be at the end of the second and third quarters. Although most local economic indicators continue to indicate strong to moderate growth, it is too early in the year to be overly optimistic to the point of anticipating any significant variances from the budget estimates for major categories of revenues. There is also the specter of considerable international economic turmoil which mayor may not have a negative impact on the City's revenues. One area which will likely reflect higher projections in the second quarter report is development related revenues, especially fees, if the current high level of activity continues. On the expenditure side of the equation nothing has come to our attention that would cause us to anticipate any significant variances from the budget estimates. Although, any hiring delays for recently approved positions would result in related appropriation savings. Per council direction, a list of budget adjustments between summary accounts approved by the city Manager during the quarter is also to be provided. Attachment G reflects these budget adjustments totaling $4,985. Should you have any questions, please feel free to contact me. J~ ~S- . ._......u_..,__~~.~__._ _.._______.._ ATTACHMENT A GENERAL FUND RESERVES $7 $6 . ,------- ~ $5 T ~ '" $4 «" <no w= 5:~ $3 w CJ) w a:: $2 .. $1 $0 91-2 92-3 93-4 94-5 95-6 96-7 FISCAL YEAR Reserves as a Percentage of Budget 20 15 10 . 5 ol 91-2 92-3 93-4 94-5 95-6 96-7 97-8 98-9 Fiscal Year /¿, - ATTACHMENT A - ------~---------- --- ---..- ATTACHMENT B City of Chula Vista Combined Summary Statement of Revenues. Expenditures and Changes in Fund Equity - All Funds Year Ended June 30.1998 - Unaudited Total General Special Debt Service Capital Enterprise Internal All Funds Funds Revenue Fund Funds Project Funds Funds Service Funds Total Fund Equity June 30, 1997 $99.998,049 $16.333.549 $39,898,066 $3.106 $35.637,461 $7,035.364 $1.090.503 Revenues 1997-98 Taxes 36,465.627 31,304.913 4.642.071 518.643 Licenses and Permits 2,356,445 2.108,363 248.082 Intergovernmental 25.852.696 15,403,894 6.670.244 1,642.608 2.135.950 Charges for Services 29.372,411 9,118,195 15.049.137 1.022.523 1.750.021 2,432.535 Fines & Forfeitures 782,262 604.377 177,885 Revenue from Use of Money & Propert 6.113,201 1.829.583 2.264,264 62,535 1,596.326 303,990 56.483 Development Fees 6.240.615 6.240,615 Proceeds from Financing Agreement 5,906,777 601.750 3,203.764 2.101,263 Other 1.473,737 307.614 816.081 332,953 17.089 Total Revenues 114.563.771 60.676.939 30,469.534 3.266.299 13,454,931 4.189.961 2,506,107 Interfund Transfers In 18.373.939 5,378.575 6,469.312 3,453,451 3,058.351 14,250 Total Revenues and Transfers In 132.937,710 66,055.514 36.938.846 6.719,750 16,513.282 4.189.961 2.520.357 Expenditures 1997-98 General Government 27,686.750 11.979,667 13,033,850 2.673,233 Public Safety 28.671,413 28.361.013 310,400 Public Works 16,295.938 11.050.697 5.245,241 Parks and Recreation 5.342.510 5.189.643 152,867 Library 4.012.879 3,912.237 100.842 Public Transit 4.348,421 4.348,421 Debt Service 5.531.547 5.531,547 Capital Outlay 9.668,252 9.668,252 Total Expenditures 101.557.710 60,493.257 18.643.000 5.531,547 9.668.252 4.348,421 2.673,233 Interfund Transfers Out 21.196.713 2,350,879 12,589,298 6,159.284 43.252 54,000 Total Expenditures and Transfers Out 122,754,423 62.644.136 31,432,298 5.531.547 15,827.536 4.391.673 2,727.233 Fund Equity Contributed Capital 2.022.792 1.934,168 88,624 Retained Earnings-unreserved 5.694,487 4,899,464 795,003 Fund Balances Reserved 20,474,728 12.669,440 5.720,457 1.191.309 893,522 Unreserved Designated 39.512,439 3,570,340 512.414 35,429.685 Undesignated 42.476,890 3.305.147 39.171.743 Total Fund Equity June 30. 1998 $110,181.336 $19.544.927 $45,404,614 $1.191.309 $36,323.207 $6.833.652 $883,627 The Finance Department of the City of Chula Vista has compiled the above Statement of Revenues. Expenditures and Changes in Fund Equity-All Funds for the year ended June 30, 1998. Such amounts are subject to adjustment through the annual audit process which is being performed by an independent public accounting firm. Audited financial statements will be available upon request. J/Þ /l ATTACHMENT B .-...,.. Attachment C Pg.10f3 Budget Transfers Approved by Administration April 1, 1998 through June 30,1998 Finance Amount From: Printing & Binding $391 To: Office Equipment From: Salaries & Wages $14,418 To: Professional Services From: Salaries & Wages $135 To: Office Equipment From: Salaries & Wages $5,058 To: Other Specialized Services Internal Adjustments to meet selVices needs. Public Works From: Professional Services $15.000 To: Hourly Wages To allocate funding for Temporary Expert Professional. Community DeveloDment From: Computer Equipment $950 Postage To: Office Equipment Purchase of a Fax Machine. Plannino From: Office Supplies $641 To: Office Equipment Office Equipment Acquisition Plannina From: Telephone $718 To: Other Equipment Purchase of a projector, projector screen and tripod. Public Works From: Construction Materials $5,100 To: Other Equipment Purchase of replacement magnetic cable locators. I" '--6 Attachment C Pg. 2 of 3 Budget Transfers Approved by Administration April 1, 1998 through June 30, 1998 Public Works/Enaineerina From: Utilities $5,240 To: Other Equipment Purchase of five traffic counters. Public Works From: Construction Materials $1,340 To: Other Equipment Purchase of teleprinter. Parks Recreation & aDen SDace From: Salaries & Wages $2,300 To: Computer Equipment Purchase of Ergonomic and accommodation computer technology and furniture. City Attornev From: Sick Leave - Pay In Lieu $2,348 To: Office Equipment Purchase ottumiture and fax machine. Public Works/Ooerations From: Salaries & Wages $12,000 To: Matis to Main-Bldgs, Struc & Grds To cover for anticipated expenditures in Construction & Repair Division due to an excessive amount of repairs to H. V.A. C. & electrical systems. City Attorney From: Houriy Wages $14,500 To: Other Specialized Services Correct budget to reflect Contract Attorney costs in Professional Services category. Finance From: Professional Services $1,000 To: Travel, Conferences & Meetings To fund GFOA conference costs for Director of Finance. / t ~ Î ------------..--..-...---. Attachment C Pg. 3 of 3 Budget Transfers Approved by Administration April 1, 1998 through June 30, 1998 Administration From: Salaries & Wages $12,700 To: Office Equipment Purchase of furniture for City Manager. Total $93,839 Jb~/¿) Attachment D Fiscal Year 1998·99 Budget Amendments As of September 30,1998 Est. Add'l Add'l General Fund DescriDtion Revenues ADDroD. Net ImDact Increase of AB 939 Fee to fund 95,000 95,000 0 Household Hazardous Waste Disposal Program Hiring of TEP to assist City Staff efforts 81,120 81,120 0 to respond to ongoing land development activities. Engineering Consultant Services 50,000 50,000 0 Settlements on Claims against 0 600,000 (600.000) the City of Chula Vista Addition of Positions in Public Works 255,000 255,000 0 and related equipment. Increase in the number of authorized 0 28,070 (28,070) hours for Council Aides Software License and Maintenance 0 18,731 (18,731) Agreement with Principal Decision Systems International Proactive Police Enforcement 15,500 15,500 0 at Chula Vista Shopping Center Creation of Training and Development 0 55,353 (55,353) Division within Human Resources MIS, Library and Police positions to 0 121,021 (121,021) be used for City wide PC support Addition of Positions in the Planning 1,464,938 1,464,938 0 & Bldg., Fire and Human Resources Departments and related equipment Union Negotiated Contracts for 381.631 1,285,486 (903,855) City Employees Total Budget Adjustments $2,343,189 $4,070,219 ($1.727,030) J¿ /// _" ..__.....___'.__....,_.__..__._m..._.__...._.___ - ~..~-_._._._._-.~-~"_.._.__.__.._-~~_.- Attachment E GENERAL FUND REVENUES Summary by Revenue Category Fiscal Year 1998·99 as of September 30,1998 AMENDED ACTUAL PERCENT BUDGET TO DATE REALIZED Property Taxes $9,278,000 $301 ,254 3.2% other Local Taxes Sales 15,210,000 1,144,442 7.5% Franchise 2,285,890 282,830 12.4% Transient Lod9in9 Tax 1,510,000 144,059 9.5% Utility Users Tax 3,100,000 509,980 16.5% Business License Tax 750,000 28,421 3.8% Other 450,000 100.042 22.2% Total Other Local Taxes 23,305,890 2,209,774 9.5% Licenses & Permits Building, Plumbing Electrical, Housing 2,611,797 636,917 24.4% Other 209,900 51,931 24.7% Total Licenses and Permits 2,821,697 688,848 24.4% Fines Forfeitures & Penalties 661,050 149,193 22.6% Revenue from Use of Money & Property 1,027,210 149,652 14.6% Revenue from Other Agencies State Motor Vehicle License Fee 6,900,000 1,159,249 16.8% Other 3,256,514 87,333 2.7% Total Revenue from Other Agencies 10,156,514 1 ,246,582 12.3% Charges for Current Services Development Related Services 3,204,463 841,583 26.3% Other Police, P&R & Misc Charges 833,762 192,794 23.1% Total Charges for Current Services 4,038,225 1,034,377 25.6% Other Revenues Reimbursement from Large Development Proj 2,561,455 237,468 9.3% Reimbursement - Redevelopment Agency 1,880,091 3,337 0.2% Other Reimbursements 64,762 452 0.7% Other 7,509,865 316,656 4.2% Total Other Revenues 12,016,173 557,914 4.6% TOTAL REVENUES 63,304,759 6,337,592 10.0% TOTAL TRANSFERS IN 5,137,990 0 0.0% TOTAL REVENUES AND TRANSFERS IN $68,442,749 $6,337,592 9.3% J t //2. Attachment F GENERAL FUND EXPENDITURES Summary by Department Fiscal Year 1998-99 as of Sept. 30, 1998 Amended Expenditures Outstanding Available Percent Department Budget To Date Encumbrances Balance Available 105 City Councii $457,165 $87,592 $2,196 $367,377 80.4% 110 Boards and Commissions 48,738 4,417 402 43,919 90.1% 129 Community Promotions 242.513 129,952 41 ,434 71,127 29.3% 150 City Attorney 1,054,155 223,748 47,263 783,145 74.3% 160 City Clerk 307,246 74,458 13,411 219,377 71.4% 210 Administration 1,003,054 230.120 31,200 741,734 73.9% 211 Mgmt & Information Services 1,384,394 237,758 109,614 1,037,022 74.9% 245 Human Resources 1,217,309 208,975 11,188 997,145 81.9% 260 Community Development 1,333,790 288,062 18,578 1,027,151 77.0% 400 Finance 1.655,743 391,430 21,477 1,242,836 75.1% 600 Planning 2,604,901 431,191 3,446 2,170,264 83.3% 700 Insurance 1,455,020 880,401 11,004 563,615 38.7% 730 Non-Departmental 2,990,680 1.809,998 64,522 1.116,160 37.3% 1000 Police 22,209,424 4,731,920 435,730 17,041,773 76.7% 1200 Fire 7,928,225 1,774,775 2,764 6,150,686 77.6% 1300 Building & Housing 2,089,265 255,568 90,353 1,743,344 83.4% 1400 Public Works 15,462,516 3,181,437 486,805 11,794,274 76.3% 1700 Library 6,724,600 1,431,174 192,851 5,100,575 75.8% TOTAL EXPEND. & TRANSFERS OUT $70,168,738 $16,372,977 $1 ,584,238 $52,211,523 74.4% J" ~/3 u....u_ _ _~M.__·_._"_".·__-'_""_ ~...____ ____ _____._._ Attachment G Budget Transfers Approved by Administration July 1, 1998 through September 30,1998 Administration Amount From: Office Supplies $880 To: Office Equipment To purchase Lanier Dictation Unit and Transcriber. Public Works/Ooerations From: Trash Coliection & Disposal $550 To: Office Equipment To purchase chair with Lumbar support. Public Works/Enaineerina From: Other Commodities $555 To: Office Equipment Purchase a chair. Community Develooment/Housina From: City Staff Services $1,000 To: Printing & Binding, Postage, Travel, Canferences & Mtgs. Memberships & Dues To set up budget for the Housing Advisory Commission. Human Resources From: Professional Services $2,000 To: Office Equipment To purchase ergonomically correct fwniture. Tatal $4,985 )/P -/ý __ u__+__ - - -- -"-+---- _..,._-~--- - .....- '~---'--'-~---"--- - - "---. CITY COUNCIL AGENDA STATEMENT Item: /7 Meeting Date: 10/27/98 ITEM TITLE: REPORT: Consideration of Final Second-Tier Environmental Impact Report (EIR-97-03), California Environmental Quality Act (CEQA) Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring Program RESOLUTION : Resolution of the City Council of the City of Chula Vista certifying the Final Second-Tier Environmental Impact Report (FEIR 97-03) for the Otay Ranch amended Sectional Planning Area (SPA) One; making certain Findings of Fact; adopting a Statement of Overriding Considerations pursuant to the California Environmental Quality Act; and adopting a Mitigation Monitoring and Reporting Program SUBMITTED BY: Director of Planning and Building ;rtt: REVIEWED BY: Ci~ """""".t\2. ~ ~ (41''''' Vo<" V~ _ No-K) This item was scheduled for review by the Planning Commission on October 21, 1998. Due to lack of a Planning Commission quorum, this item is being continued to the City Council meeting of November 3, 1998. /7-) h____ u."..._. .~--_."""'-"-'------ ________ "_____._.__m COUNCIL AGENDA STATEMENT Item: J~ Meeting Date: 10/27/98 ITEM TITLE: PUBLIC HEARING: GPA-98-02 & PCM-98-26: Consideration of an amendment to the City of Chula Vista General Plan and the Otay Ranch General Development Plan/Subregional Plan to remove residential land uses in Village Two of the Otay Ranch within one thousand (1,000) feet of the Otay Landfill. Resolution approving amendments to the General Plan of the City ofChula Vista on the Otay Ranch Project. Resolution approving amendments to the Otay Ranch General Development Plan. SUBMITTED BY: Director of Planning and Buildi REVIEWED BY: City Manag~"R. ~ (4/5ths Vote: Yes_NoX) This item was scheduled for review by the Planning Commission on October 21, 1998. Due to lack of a Planning Commission quorum, this public hearing is being continued to the City Council meeting of November 3, 1998 J'g /' / COUNCIL AGENDA STATEMENT Item: /9 Meeting Date: 10/27/98 ITEM TITLE: PUBLIC HEARING: GPA 97-04 & PCM 97-10: Consideration of amendments to the City of Chula Vista General Plan and the Otay Ranch General Development Plan/Subregional Plan in Villages One, Two, Six, Seven, 13 and 15. RESOLUTION Approving amendments to the General Plan of the City ofChula Vista on the Otay Ranch Project. RESOLUTION Approving amendments to the Otay Ranch General Development Plan. SUBMITTED BY: Dire"'" o'PI=mg"'" B~ REVIEWED BY: CityManag~ ~ __ (4/5ths Vote: Yes_No...xJ This item was scheduled for review by the Planning Commission on October 21,1998. Due to lack of a Planning Commission quorum, this public hearing is being continued to the City Council meeting of November 3, 1998. /9-/ _____ ___._.__._,._~,.._.._._., - ___..________m COUNCIL AGENDA STATEMENT Item: ;).¿;; Meeting Date: 10/27/98 ITEM TITLE: Resolution ) fJ J Y / Approving the Amended and Restated Agreement for Basic and Advanced Life Support Ambulance Services with American Medical Response. SUBMITTED BY: F;", Ch'flt ~ REVIEWED BY: City Manage~ ~ ..., (4I5ths Vote: Yes_NolO On May 19, 1998, Council approved, in-concept, terms for the three-year extension of the current agreement (Agreement) with American Medical Response (AMR) to October 31, 2001. In the May 19 staff report, staff informed Council that further discussions with AMR would include contract elements which could provide for future extensions of the Agreement beyond 2001. Those discussions have now been completed and the amendment is ready for formal Council approval. RECOMMENDATION: That Council approve the Amended and Restated Agreement for Advanced Life Support (Paramedic) Services with American Medical Response. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: Background The existing agreement with American Medical Response (AMR) provides that the contract period terminate on October 31, 1998. In consideration of a number of factors, on May 19, 1998, the City Council unanimously approved, in-concept, specific terms for the three-year extension of the current agreement with American Medical Response to October 31, 2001. Staff was directed to return to Council with a formal agreement incorporating the terms (provided for your information below) prior to expiration of the current agreement. (1) Term: The contract period shall be extended for 36 months commencing November 1, 1998 and terminating October 31,2001. (2) Waiver of Right to Request Rate Increases: AMR waives its right to request annual rate increases from the effective date of this amendment and extending until October 31, 2001. (3) Aareement to Re-open Negotiations: At any time during the term of the agreement, either Party reserves the right to propose system enhancement changes which will better meet the needs of the service area. The Parties agree to meet and confer and determine the appropriateness of any such change to the system and any necessary or appropriate corresponding increase in AMR's rates. Any such change shall be by mutual agreement with each Party acting in its sole discretion. ~Ô-/ .....+ - - - - ---,,----_._..~-_.~..--,_._.._-_...- Page: 2 Meeting Date: 10/27/98 (4) Aareement to Provide and/or Maintain Medical Supplies and Equipment: AMR agrees to maintain and replace (as is deemed necessary by the manufacturer or as may be reasonably required by the City) Fire Department semi-automatic defibrillation units, and continue the current practice of resupplying medical supplies and related emergency medical equipment. Replacement, if necessary, of defibrillation units shall be limited to three per year. Any defibrillation units replaced under the term of this agreement will become the property of AMR. The parties agree to meet and confer on the specifications of the replacement units appropriate to the intended application and to changes in technology. (5) Continuation of Modular-type ALS Units: AMR shall maintain Primary Type-III Modular ALS units in the Chula Vista Exclusive Operating Area in accordance with past practices. (6) Performance· Security: AMR shall increase performance security from $100,000 to $300,000. (7) Insurance: AMR shall increase its General Liability insurance coverage from $1,000,000 to $2,000,000 Combined Single Limit Liability. The policy shall include coverage for AMR vehicles, both owned and hired; shall be an "occurrence"-type policy; and shall be issued by an insurance company which has a Best's Rating of "A, Class V" or better. With regard to Items #4,5,6 and 7, above, AMR has already meUcontinues to meet their obligations to the City's satisfaction. Future Extension Periods In the 5/19/98 staff report, staff informed Council that it may be in the City's best interest to have optional contract extension periods available beyond the three years cited above, and that further discussions with AMR would include contract elements which could provide for extensions beyond the Year 2001, at the City's option. Currently, the City's ambulance service purchasing provisions in the Municipal Code do not contemplate contract extensions beyond the extension limits of the original contract without going out to bid. As the 1989 (original) agreement with Hartson Medical Services (now AMR) provided for extension periods out to April 30, 2003, the ability existed for the City to continue to contractually retain AMR until that date. The Second Amendment to the 1989 agreement, however, amended the period to terminate no later than October 31, 2001. For the period beyond October 31, 2001, the City has the right to contractually bind AMR to extension periods, provided that prior to that final date, an ordinance amendment is adopted which permits contract extensions, under specified conditions, without the need for going out to bid. At this point, Staff is contemplating that the conditions justifying the extension of such a contract without going out to bid would include: ;¿ ¿; ~ ,;2., - __.....____.....___.._n_..___ -~-' .------....-----..-..--.-------..-...--.-.---- Page: 3 Meeting Date: 10/27/98 · An evaluation of performance of service; · Compliance with contract provisions; and · An analysis of the market and how the current bid climate might affect costs to the users of the service. The existing ALS/BLS ordinance does not provide for this no-bid approach. It is Staff's continued intent (as stated in the 5/19/98 Staff Report) to evaluate the evolving ALS system in San Diego county, and bring back a report to the Council no later than April 30, 2000. The discussions with AMR regarding the terms for extension periods have been completed and the amendment is ready for formal Council approval. The terms of the agreement involving extension periods follow: Note: the three years of the initial period (November 1, 1996 through October 31, 2001) are hereafter referred to as Years 1,2, and 3, respectively. Subsequent extension period years will be referred to as Years 4, 5, 6, etc. Extension Periods (1) No later than 6 months prior to the end of any current contract period, the City shall notify AMR of its intention to either extend or not extend the Agreement. (2) Consistent with previous agreements with Hartson/AMR, a 180-day hold-over clause is included to ensure the uninterrupted provision of ALS service to the community in the event that the City opts to select a new provider through competitive bid and that new provider is unable to provide ALS services at the termination of the previous provider's contract period. (3) At the City's option, 3, 3-year extension periods are included (Years 4 through 12). Rate Increase Restrictions Rate restrictions apply to Base Rate, Oxygen, Mileage, Night Charges, and "Treatment Only (No Transport)". All other charges, while not specifically regulated, are required to be consistent with industry standards within this market region. (1) As noted above, the rates for Years 1,2 and 3 will remain unchanged from the current rates. (2) If the City exercises its option to extend the agreement for Years 4, 5, and 6, the following rate increase restrictions shall apply: (a)Year 4: Automatic 8% increase to the categories listed above. 1 1 The automatic 6% increase in Year 4 would still leave Chula Vista's rates a minimum of 1.6% below the next~owest rate. If these other agencies' rates are adjusted in the mean time, the margin will be greater than 1.6%. =<t/'-J .~.__..- . _ __....___.__._~_~~~...~"_~~__n_..__ Page: 4 Meeting Date: 10/27/98 Comparison of AMR Ambulance Rates in San Diego County Agency Chula Chula CSA-17 East Imperial Nafl La Lemon Spring San San Vista Vista Non- County Beach City Mesa Grove Valley Diego Marcos Year #4 Resident Rural County +8% Base $365 $394 $400 $625 $ 450 $440 $412 $412 $412 $450 $480 Rate {b)Years 5 and 6: Increase rates by the lowest of the following three options (subject to review by Staff in advance of rate change): (i) The 1-year change in the Medical Consumer Price Index (for the San Diego area if available, otherwise the U.S. City MCPI will be used), not to exceed 8% ;or (ii) A rate which generally maintains Chula Vista's rates in the lower 30% of AMR rates in San Diego County (a formula-driven calculation contained in the agreement). (3) If the City exercises its option to extend the agreement for Years 7 through 9, the City and AMR agree to meet and confer for the purpose of negotiating limitations for rates in those years. (4) If the City exercises its option to extend the agreement for Years 10 through 12, the City and AMR agree to meet and confer for the purpose of negotiating limitations for rates in those years. FISCAL IMPACT: The fees for ALS service in Chula Vista are paid by the users of the system; there is no direct fiscal impact to the City of a change (or no change) in ALS rates. The coverage of defibrillator maintenance by AMR for the Fire Department would result in a savings to the General Fund of approximately $5,000 per fiscal year. The procurement of defibrillator units by AMR if replacement during the contract period became warranted, would represent a cost-avoidance to the City of approximately $5,000 per unit (the City currently has 7 units). JO-f - ~ __.._ ______ ____u______. _______ RESOLUTION NO. 19.2'/) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICES WITH AMERICAN MEDICAL RESPONSE WHEREAS, on May 19, 1998, Council approved, in-concept, terms for the three-year extension of the current agreement with American Medical Response (AMR) to October 31, 2001; and WHEREAS, staff previously informed Council that further discussions with AMR would include contract elements which could provide for future extensions of the Agreement beyond 2001; and WHEREAS, those discussions have now been completed and the amendment is ready for Council approval. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista does hereby approve, in substantially the form presented, the Amended and Restated Agreement for Basic and Advanced Life Support Ambulance Services with American Medical Response, a copy of which shall be kept on file in the office of the city Clerk as Document No. Q.j)9il_ ;?ò-f. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Agreement, in a final form approved by the City Attorney, for and on behalf of the City of Chula vista. Presented by Approved as to form by ~ .... James Hardiman, Fire Chief è)ÿ- orney - H:\home\lorraine\rs\AMR.3rd C:\rs\ALS.ext ~O .-S- /;2d-:J8 ~ <H' -----...- _._._--~-'.._~-'--_.'---"'- AMENDED AND RESTATED AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICES This AMENDED AND RESTATED AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICE ("Agreement" ) is entered into effective as of November 1, 1998 ("Effective Date"), by and between the CITY OF CHULA VISTA, a municipal corporation, herein called IICITY,II and LAIDLAW MEDICAL TRANSPORTATION, INC. , a Delaware corporation, dba AMERICAN MEDICAL RESPONSE, herein called "AMR". WITNESSETH A. WHEREAS, within the City of Chu1a Vista, there is a public health and safety need for effective and efficient basic and advanced life support emergency and non-emergency ambulance services; and B. WHEREAS, various studies and actual practical experience have clearly demonstrated that communities of the approximate size and population of Chula vista are best assured of receiving the highest level of emergency and non-emergency ambulance transportation services at the lowest cost to the consumer where service calls are originated through the 911 system if said services are delivered by a single, competent provider on an exclusive basis; and C. WHEREAS, the City is authorized by Government Code Section 38794 and Municipal Code Sections 5.10.310-5.10.340 to contract for ambulance services as public convenience requires; and D. WHEREAS, pursuant to Health and Safety Code section 1797.224, the County of San Diego has adopted a plan, in which it has designated an "exclusive operating area (EOA) " defined as that part of San Diego County generally known as the City of Chula vista, Bonita/Sunnyside Fire Protection District, and the city of Imperial Beach, for which EOA the City is empowered to contract; and 1 C i)9F~~ 0< ¿} .-- ? --.-.-...._,.__..._--~---~-_..._._...._- - ------.. ..-----.-.-.-----...-- .--- -..- E. WHEREAS, the City of Chula Vista Fire Department participates in the EOA's first responder system responding to all emergencies originated in the 911 system; and F. WHEREAS, on May 9, 1989, City and Med-Trans, dba Hartson Medical Services, which has since been acquired by AMR, entered into an agreement for the provision of basic and advanced life support and emergency and non-emergency service; such agreement was amended on November 26, 1996 (as amended, the "Original Agreement") ; and G. WHEREAS, the parties desire to amend and restate the Original Agreement with this Agreement on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises herein contained and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. SERVICES AMR shall, without cost to CITY, perform the following services to the satisfaction of the CITY: a. Provide emergency and non-emergency twenty-four hour, 365-day basic life (BLS) and advanced life support (ALS) services to the EOA, with a minimum of one (1) ALS unit stationed within Chula Vista and such additional ALS and BLS units as shall be required from time to time to meet response time requirements. CITY reserves the right to require that additional units be stationed within the EOA if response time requirements are not achieved. b. AMR shall meet a maximum response time of 10 minutes for 90 percent of all ALS emergency calls dispatched. If it is found that 90% of all city life 2 ~~? threatening emergency calls are not responded to in 10 minutes or less for any two consecutive calendar months or three months in any contract year, AMR may be required, at the option of the CITY, to redeploy units or add additional unit hours. Response time shall be calculated from the time that a dispatch is received by AMR for the first dispatched ambulance until the time that the first ambulance arrives on the scene. If a Code 3 call is downgraded, the above maximum response time shall not apply; however, AMR shall be responsible for responding to such a downgraded call as is required for a Code 2 response. AMR shall respond to all first responder assisted BLS calls within 30 minutes for 90 percent of the calls dispatched. Response Time Exemptions - It is understood that unusual circumstances beyond AMR's reasonable control can induce response times that exceed the aforementioned standards. These unusual circumstances include only unusually severe weather conditions, disaster, sudden and unexpected street closures or accidents which materially alter traffic patterns, or unusual periods of very high demand upon the system. Equipment failure, traffic collisions, or lack of a nearby ambulance shall not furnish grounds for release from general response time standards. If AMR feels that any run or group of runs should be exempt from response time standards due to unusual circumstances beyond AMR's reasonable control, AMR may request that these runs be excluded from response time performance calculations. If CITY concurs that the circumstances do fit the contract's exemption criteria, it shall allow such exemptions in calculating overall response time performance. 3 02ð ~g/ -- ,--- -- -_..-.".._--- c. Provide first responder training to the EOA Fire Department personnel, in accordance with current policies outlined by San Diego County's Department of Health, Division of Emergency Medical Services as such policies may be amended from time to time. This training shall be conducted during normal Fire Department shift training periods and should not require overtime call-backs of fire fighters. The training site is to be within the EOA. It is agreed that as many as 48 instructor hours of first responder training would be provided if requested by the EOA Fire Departments each Agreement year during the term of this Agreement. Additionally, Fire Fighters will be invited to attend in-house training courses AMR provides to its employees. These courses will be designed to teach pre-hospital providers about new technologies and procedures that apply to both basic and advanced life support. Should EOA Fire Departments decide to participate in an "Automatic Defibrillation Program (EMT-D) " for first responders, AMR agrees to support such a program including assistance in training for first responders. d. Provide and participate in disaster preparedness training to and with EOA personnel. This training shall be in accordance with San Diego County and EOA disaster plans and consist of two training sessions and participation in two exercises per year in order to ensure effective coordination between AMR and EOA employees during disaster operations. AMR shall make a reasonable effort to provide a supervisory level liaison to Service Emergency Operations center, when it is activated, for the purposes of coordinating emergency medical operations for the EOA. e. Provide basic life support standby and transport service for major alarm fires and other major incidents within the EOA including but not limited 4 M-~ to other standbys, fire fighter exams and live burndowns up to a maximum of 12 per year. This standby shall consist of establishing a "Rehab Operation" or a "Medical Operations Division" to provide basic medical assessment of citizens, fire fighters and other public safety personnel and appropriate direction and control during emergency medical operations. These services shall be carried out at the direction of the incident commander. f. Provide a minimum of four (4) community education programs with specific objectives for each program area. Programs will be monitored and reported to CITY on a periodic basis. Educational programs will be conducted in a classroom setting or through a public awareness campaign and will familiarize EOA citizens with the following: 1) Infant/child injury prevention and rescue. 2 ) The EMS system in general and how to properly access 9-1-l. 3 ) Junior Paramedic Program which teaches children about their responsibility in accessing 9-1-l. 4) Cardiopulmonary resuscitation (CPR) . 5) The following areas of widespread health abuse and misunderstanding: - driving drunk or drugged; - the use of drugs (especially in the schools) ; - the use of automotive restraints, child safety seats and helmets; 5 c2éJ - / ¿) - following vehicle code law - "Pull to the Right." 6) Other programs and activities - EMS presentations for schools, service clubs, etc; EMS demonstrations; . classes for other EMS personnel, hospital personnel and convalescent home employees; blood pressure clinics/screenings; career day activities; speakers bureau and press releases. g. Provide comprehensive EMS communications and dispatching services. This shall include: prioritizing requests for service (when call screening is conducted by AMR's communication center) to determine priority and response level and to select the closest available and appropriately staffed and equipped EMS unit; provision of notification of appropriate secondary resources to an EMS response; provision of a telephone "Hot Line II between AMR and the Fire Dispatch Center; and the installation of equipment in AMR vehicles to allow two-way radio communications between AMR ALS and BLS units and EOA Fire Department on approved frequencies. All AMR dispatch data shall be captured electronically on a Ureal-time" basis with a computer system capable of providing information to CITY in respect to address, times of dispatch, response, arrival and unit identifier. h. Participate in EMS system activities including development and operation of automatic and mutual aid agreements, disaster drills, paramedic ride-alongs, paramedic intern training, and continuing education programs. AMR also agrees to attend and participate in meetings called at reasonable frequencies by the CITY for the purpose of planning and coordinating EMS service. i. Provide a complaint procedure as outlined herein: 6 ~tl'-/l --.--~-..-.---.---.-.-.--.-- - --..------....-------------- Whenever a complaint is received, regardless of whether from a health care agency, public safety agency, a patient, or the general public, an Incident Report Form shall be completed. The field supervisor shall conduct the initial investigation with emphasis placed on identification of potential system failures and deficiencies, recommendations for short and long range corrective actions, and the documentation of facts for future review and reference. Whenever possible, an immediate face-to-face response shall be made by a member of AMR's management team. All documentation on complaints and criticisms shall be maintained for at least three (3 ) years and a copy forwarded to CITY within 30 days of resolution or in a case where no resolution is reached, the city Manager or his or her designee shall be notified within two (2) business days of determining that the matter is not resolvable. j. At its sole cost, AMR shall resupply City's Fire Department with medical supplies and related emergency medical equipment, including Personal Protective Equipment and disposable semi-automatic defibrillator supplies up to a maximum cost ( "Maximum Resupply Obligation" ) per city fiscal year (July through June) determined as follows: The initial Maximum Resupply Obligation for the remaining fiscal year portion of year one of the Agreement shall be $7,000. Beginning July 1, 1999, the Maximum Resupply Obligation shall be $10,000; AMR's Maximum Resupply Obligation shall be increased each fiscal year thereafter by ten percent (10%) per year, not to exceed $16,000 for anyone year. The cost of the items supplied by AMR shall be determined by the actual invoice cost to AMR. City shall be provided with an appropriate statement on a monthly basis from AMR detailing supplies City has received through this process and the cost assigned to same. In no event shall AMR's 7 ~¿:1'--/:¿ obligation hereunder exceed the actual cost of City's resupply needs. AMR shall clearly label all items delivered to the City and to provide, with the initial order, "Material Safety Data Sheets" for any new items added to the City's use or inventory. In the event that changes in federal, state or local regulations require additional Personal Protective Equipment or other medical equipment or supplies in support of emergency Medical Services operations, and/or if AMR and City, by mutual consent agree to utilize new equipment in the field to enhance patient carel and the Maximum Resupply Obligation by AMR is thereby caused to be exceeded for a given fiscal year, the parties agree to negotiate in good faith to adjust the maximum limits of AMR's contribution. k. Properly transport and dispose of all of the City's Fire Department generated biological/medical waste material used in patient care at no cost to the City. 1. Maintain and replace (as is deemed necessary by the manufacturer or as may be reasonably required by the City) Fire Department semi-automatic defibrillation units. Replacement, if necessary, of defibrillation units shall be limited to three per year. Any defibrillation units replaced under the term of this Agreement will become the property of AMR. The parties agree to meet and confer on the specifications of the replacement units appropriate to the intended application and to changes in technology. 2 . SYSTEM REQUIREMENTS a. All BLS and ALS ambulance units must be equipped and staffed at all times to meet all state and county laws and regulations affecting service delivery. AMR shall operate and maintain all 8 ».-/ J "_ .. _~n~~..__.___ ambulances and equipment in a manner which will not endanger life or property, and in accordance with all existing and future federal, state, and local laws, ordinances, regulations, resolutions, policies, procedures, and protocols applicable to AMR's performance pursuant to this Agreement. AMR shall maintain Primary Type-III Modular ALS units within the EOA in accordance with practices in effect as of the Effective Date. b. AMR agrees to employ Paramedics and Emergency Medical Technicians, and Registered Nurses who meet and/or exceed all state and county licensing and certification requirements. AMR will ensure that all emergency personnel meet the continuing education requirements specified by San Diego County. c. AMR shall notify CITY immediately whenever any condition exists which adversely affects delivery of satisfactory emergency medical services to EOA. 3. FEE SCHEDULES AMR is authorized to bill patients transported according to AMR's fee structure attached as Exhibit IIA". Patients billed shall be provided with varied payment options. Rates charged for Base Rate, Oxygen, Mileage, Night Charges and Treatment Only (NO Transport) ("Primary Rate Component s" ) shall not be increased above those set forth on Exhibit "A" for the period from November 1, 1998 until October 31, 2001 (years 1 through 3) . Beginning on November 1, 2001, if the Agreement is extended by the City as provided in Section 14 hereof, AMR may, upon filing a notice of intention sixty (60) days in advance with the CITY, annually increase the Primary Rate Components subject to the following conditions and limitations: a. During the time period commencing November 1, 2001 9 02{)-- / f until October 31, 2002 (year 4), the Primary Rate Components may be increased at AMR's discretion by an amount not to exceed eight percent (8%) . No City approval shall be required for such a rate increase. b. For each of the two contract years November 1, 2002 to October 31, 2003 (year 5) and November 1, 2003 to October 31, 2004 (year 6) , respectively, the percentage of increase allowed in Primary Rate Components shall be limited to the lower of: (1) the percentage increase for the then most recent 12-month period for which statistics are available to the Medical Consumer Price Index (MCPI) for the San Diego area. In the event that the MCPI referred to above shall no longer be published or available, then the U.S. City MCPI will be used; if this MCPI is no longer published or available, another similar generally recognized index may be substituted upon approval of the CITY; or (2) a percentage increase which, when applied to the Base Rate, would result in a Base Rate which would not exceed a "Lower 30% Average Base Rate" determined as follows: take the mean average of Base Rates then offered in San Diego County by all private, non-subsidized service providers, subtract the lowest Base Rate then offered in San Diego County, multiply the result by six-tenths (.6) , and add the product to the Lowest Base Rate. For example, if the mean average Base Rate were $425 and the lowest Base Rate were $365, the "Lower 30% Average Base Rate" would equal $401. [( (425-365) x .6) + 365 = 401] ; or (3 ) eight percent (8%) . Annual increases for Years 5 and 6 shall be subject to the review and approval of the CITY. The CITY 10 C::¿tJ·~ /5 . __'om -.0._ ___.__.__..~__________...._ shall notify AMR in writing of approval of the increase within thirty (30 ) calendar days of receipt of accurate and complete information satisfactorily supporting any increase requests in accordance with 3b. above. c. If the city exercises its option to extend the agreement for Years 7 through 9 or Years 10 through 12, AMR agrees to meet and confer with the City for the purpose of negotiating limitations on maximum rate increases in those years. d. All other non Primary Rate Component charges, while not specifically assigned maximum rates under this Agreement shall not exceed industry standard rates charged by AMR and other ALS/BLS service providers within the San Diego County market region. e. AMR reserves the right to submit a request to the City Council for a fee increase, in addition to that allowed above, for extraordinary expenses in any of the following categories: - Vehicle physical damage insurance - Professional liability insurance - Workers Compensation insurance - General liability insurance - Gasoline, diesel, propane, oil and petroleum products AMR also reserves the right to submit a request for a fee increase in the event of any extraordinary change in the payment or cost recovery provisions in MediCal, Medicare, or their successor programs. Extraordinary expenses are defined as an increase in cost from the previous year of twenty percent (20%) or more for a specific contract year in any 11 02tJ ~ I? ...._ ...__..____._~_..__'.M_.___. of the above-stated categories. The City Council reserves the right to approve or disapprove such a request in its sole discretion. AMR shall operate a billing and accounts receivable system that is humane, well-documented, easy to audit, and which minimizes the effort required of patients to recover funds from third party sources for which they may be eligible. AMR shall be able to provide quarterly and annual reports as specified by CITY. 4. AFFIRMATIVE ACTION AMR shall make best efforts to comply with the County of San Diego's affirmative action requirements. 5. INSURANCE AMR shall obtain and maintain at all times a policy of insurance by an insurance carrier acceptable to CITY against loss from public and automobile liability arising from any operation or activity of AMR, its agents or employees. a. General Liability: AMR shall obtain and maintain at all times an insurance policy issued by a company with a Best's Rating of A-V or better which is an admitted carrier in California and otherwise acceptable to the CITY insuring against loss from any personal liability or property damage arising from any operation or activity of AMR, its agents or employees as provided for in the Agreement. Coverage shall be lIoccurrence" based. Minimum coverage shall be Two Million Dollars ($2,000,000) Combined Single Limit Liability or the amount negotiated in subsequent amendments. Evidence of such policy shall be provided to each public entity in the EOA in the form of a certificate of insurance and policy endorsement which names each entity as additional insured. The policy shall include comprehensive, 12 c2tJ~/7 .----- ..._~._--_._---_.- - .'-....., ".-..--....--- premises-operations, products/completed operations hazard, contractual insurance broad form property damage, independent contractors, personal injury malpractice and ambulance and ambulance attendants' errors and omissions coverage. The policy shall also include coverage for all AMR vehicles (owned or hired) utilized in performing services under this Agreement. b. Excess Liability: AMR shall provide a form compatible with the primary policy. c. policies shall specify that the policy may not be terminated, altered or canceled without thirty (30 ) days' prior written notice to CITY by the insurance company. d. Workers' Compensation and Employers Liability: AMR shall have in effect during the contract period Workers' Compensation and Employer's Liability insurance providing full statutory coverage. The Workers' Compensation Policy shall provide for a waiver of subrogation rights against CITY for any injuries to AMR 's employees. e. Notice to CITY: Throughout the contract period, AMR shall notify CITY in writing of any and all claims, accidents, and/or incidents, within 48 hours thereof, which might give rise to litigation arising out of AMR's performance pursuant to this Agreement. f. Failure of AMR to obtain the required coverage or to inform CITY of changes in coverage or status of coverage shall constitute a breach of contract and AMR shall make CITY whole on any liability created by such circumstances. 6. HOLD HARMLESS AMR shall indemnify, protect, defend and hold harmless CITY and its officers, agents and employees from and against all claims, damages, losses and expenses, 13 d() ro)g/ including attorneys' fees and other costs of defense, arising out of or resulting from the performance by AMR of the services specified in this Agreement caused, or alleged by third parties to be caused, by any intentional or negligent act or omission of AMR, any subcontractor of AMR or anyone directly or indirectly employed by AMR or its subcontractors, except to the extent caused by the sole negligence or sole willful misconduct of city, any subcontractor of CITY, or anyone directly or indirectly employed by CITY or its subcontractors. 7. INDEPENDENT CONTRACTOR STATUS Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. AMR is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of CITY employees, including but not limited to medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal service of AMR and AMR' s employees or independent contractors, and it is recognized by the parties that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of AMR. Neither CITY nor its officers, agents or employees shall have any control over the conduct of AMR or any of AMR's employees or independent contractors, except as herein set forth, and AMR expressly agrees not to represent that AMR, or any of AMR's agents, servants, employees or independent contractors, are in any manner agents, servants or employees of CITY, it being understood that AMR, its agents, servants, employees and independent contractors are as to CITY wholly independent contractors and that AMR's obligations to CITY are solely such as prescribed by this Agreement. 8. ASSIGNMENT AMR shall not assign any portion of this Agreement or the services to be rendered thereunder without the 14 ;20 .-' / ~ "m. _..____..__.__u__".._ written consent first obtained from CITY, which will not be unreasonably withheld. 9. RIGHT TO REQUIRE PERFORMANCE The failure of CITY at any time to require performance by AMR of any provisions hereof, shall in no way effect the right of CITY thereafter to enforce same. Nor shall waiver by CITY of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 10. SEVERABILITY If any provision of this Agreement shall be declared to be illegal, void or unenforceable by a court of competent jurisdiction, such provisions shall be deemed severable, and the other provisions shall not be affected but shall remain in full force and effect. 11. AUDIT AND REPORTING PROCEDURES AMR agrees to allow City officials complete access to all operational and financial records and data (including computer generated reports) pertaining to the services provided pursuant to this Agreement. All records and documents regarding this service shall be available in San Diego for a period of not less than three (3 ) years. AMR further agrees to submit to CITY the following reports: a. County (pre-hospital patient records) EMS Report Forms (ALS and BLS) on request. b. Annual Financial Report: Revenues billed and collected by payment source for calls originating within the EOA, which includes a list of all transports. (Note: CITY reserves the right to conduct spot checks of patient billings) . c. Monthly Response Time Analysis Report: Which shows percentage of calls arrived within minute 15 02.tJ .-- ~O - -- ---. --- _.~_.._.- parameters and shows all late responses for all classifications. d. Monthly Exception Report: Which lists all response performance exceptions. AMR shall make every responsible effort to identify the cause of such extended response time and shall document efforts to eliminate repetitions of that cause of poor response time performance, if requested by CITY. (Note: Time in the system is counted in seconds, not in whole minutes.) e. Annual Collection Percentage Report: Which shows a breakdown of collection performance. 12. NOTICES All notices to AMR shall be mailed to: Vice President of Operations American Medical Response 9573 Chesapeake Drive San Diego, California 92123 and CEO American Medical Response 20101 Hamilton, Suite 300 Torrance, California All notices to CITY shall be mailed to: Fire Chief City of Chula Vista 276 Fourth Avenue Chula vista, California 91910 and City Manager City of Chula vista 276 Fourth Avenue 16 ~éJ ~2/ ."-.......---....-- ,. __""'______.___.~·.H Chula Vista, California 91910 13 . CONS IDERATION Consideration provided to AMR for the comprehensive services to be provided by AMR is that CITY shall grant to AMR the exclusive rights to provide emergency and non-emergency basic and advanced life support service within the EOA originated through the 911 system. 14. TERM OF AGREEMENT AND RENEWAL PROVISIONS The Agreement shall commence on November 1, 1998. The Agreement shall terminate at midnight, October 31, 2001, unless extended as provided for herein. This agreement may be extended for three (3 ) additional periods of three years each at City's option, in its sole discretion. City shall exercise its option to extend by sending written notice to AMR of its intent by no later than six (6) months prior to the expiration of the then current term. If City fails to notify AMR of its intent as provided above, then AMR shall notify City in writing of its desire to extend or not to extend the term, and city shall have an additional 30 days from its receipt of such notice to make its election. Factors that will be considered by the CITY include AMR's response time performance, compliance with the terms and provisions of this agreement, AMR's responsiveness and cooperation in relationships with the CITY, County Emergency Medical Services and the Base Hospitals, and any other factors considered of importance to the CITY in its sole discretion. 15. TERMINATION FOR CAUSE, LIQUIDATED DAMAGES a. CITY may immediately terminate this agreement if AMR's license to operate ambulances by the state is revoked or suspended. b. CITY may terminate this agreement for cause, if the cause is not cured within thirty (30 ) days after a written notice specifying the cause is delivered to 17 ~¿;~;¿ ~ ~~.. _.__....~.n..'_._'..____,._________ _ AMR. Cause shall include, but not be limited to: (1) Failure to comply with the material terms and conditions of this agreement, after notice of the failure has been given to AMR; (2) Gross misrepresentation or fraud; (3 ) Failure to operate in compliance with the requirements of the applicable federal, state and local laws, rules and regulations relating to the provision of ALS paramedic and BLS ambulance service. c. If, within the thirty (30) days after delivery of the written notice of termination for cause, the material breach has not been cured to the reasonable satisfaction of CITY's representative, then CITY may terminate this agreement effective as of a date specified in a written notice of termination delivered thereafter. During the thirty (30 ) day cure period, if CITY determines that the public health and safety would be endangered by the continued provision of service by AMR, in consultation with the County EMS Medical Director or designee, CITY may nevertheless, immediately suspend further performance and give written notice of immediate termination of this agreement. d. If, after termination of this Agreement for cause by CITY pursuant to subparagraphs b. and c. of this paragraph it is ultimately determined by an arbitrator that CITY'S termination was not justified (that AMR had not committed a material breach of this Agreement), CITY and AMR agree that the inj ury AMR may suffer as the result of such conduct by CITY is impossible to ascertain or estimate and that the sum of $50,000 shall be paid by CITY to AMR and is a reasonable estimate of the potential injuries suffered. Said amount is agreed upon as liquidated damages and not as a penalty. 18 ~¿J~2J ...._~_._~- -"--.---_..- e. Any waiver, acceptance of services, or failure to require compliance as it relates to the agreement shall not be deemed to be a waiver of any other breach of or change to the terms of, or operate to stop CITY from enforcing the provisions of this agreement. A consent to one assignment by CITY shall not be deemed to waive the right to consent to any future assignments. 16. PERFORMANCE SECURITY AMR understands and agrees that in the event of material breach by AMR, the nature of which may endanger public health and safety, public interest would best be served by continuous and uninterrupted delivery of services, regardless of the nature or causes underlying the breach, and AMR is similarly obliged to assist CITY in the effort, even if AMR disagrees with the determination of default. AMR shall furnish performance security in an amount of Three Hundred Thousand Dollars ($300,000) in the following form: A performance bond issued by a company, appropriately licensed and acceptable to CITY, provided that the language of such performance bond shall recognize and accept the requirement of immediate release of funds to CITY upon determination by the city Council that AMR has materially breached this Agreement, recognizing that any legal dispute by AMR or the bonding company shall be initiated and resolved only after release of funds to CITY. AMR further agrees that upon said material breach by AMR that the injury that CITY or other entities in the EOA may suffer by reason of such breach would be impossible to ascertain or estimate; and the amount of said performance bond is agreed on as a reasonable estimate 19 c2¿} ~ ;¿ 'I _ _ u__u·._ -- ---.- and as liquidated damages and is intended to and shall be paid to CITY as compensation for the injury suffered, and not as a penalty. 17. EXTENS ION CITY shall be entitled to order extension of service for a period of sixty (60) days after expiration of this Agreement by notifying AMR in writing at least thirty (30 ) days prior to expiration of this Agreement. CITY shall be entitled to order two (2 ) additional sixty (60) days periods of extension of service, for a maximum of 180 days of extension of service, providing that AMR is notified in writing at least thirty (30 ) days prior to the expiration of each period of extension and the parties agree on a reasonable interim compensation for said services. Service shall continue under the terms of this Agreement for the time specified in the notice, or notices, from CITY. 18. APPLICABILITY IN IMPERIAL BEACH This Agreement shall apply throughout the EOA; provided, however, with regard to the provision of services within the corporate limits of the City of Imperial Beach, the provisions of paragraph l.b. (response time commitments) and paragraph 3 (maximum allowable user fees) shall be superseded by the provisions, if any, in any agreement in effect between AMR and the City of Imperial Beach. If AMR and the City of Imperial Beach do not have an agreement in effect at any time during the term of this agreement, then response times and the Fee Schedule for the Imperial Beach portion of the EOA shall be as provided herein. 19. TERMINATION FOR CONVENIENCE. Notwithstanding any provisions to the foregoing, City may terminate this Agreement at any time and for any reason, by giving specific written notice to AMR of such termination and specifying the effective date thereof, at 20 .----- ~d ~ .2-!:> least one hundred eighty (180) days before the effective date of such termination. In the event the Agreement is terminated by city as provided in this paragraph, AMR shall be entitled to receive compensation for services rendered prior to the effective date of such termination. AMR hereby expressly waives any and all claims for damage or compensation arising from termination as provided for herein. 20. AGREEMENT TO RE-OPEN NEGOTIATIONS. At any time during the term of the agreement, either party reserves the right to propose system enhancement changes which will better meet the needs of the service area. The parties agree to meet and confer and determined the appropriateness of any such change to the system and any necessary or appropriate corresponding increase in AMR' s rates. Any such change shall be by mutual agreement with each party acting in its sole discretion. [Next Page Is Signature Page] 21 c1¿J ~ ..2. ç ..--.--...-.-..--.---.---.---.--.---....- SIGNATURE PAGE TO AMENDED AND RESTATED AGREEMENT FOR BASIC AND ADVANCED LIFE SUPPORT AMBULANCE SERVICE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first herein above set forth. THE CITY OF CHULA VISTA LAIDLAW MEDICAL TRANSPORTATION, INC. , a Delaware corporation, dba AMERICAN MEDICAL By: RESPONSE Shirley Horton, Mayor Attest City Clerk By: APPROVED AS TO FORM AND LEGALITY: Title: By: CITY ATTORNEY Title: H:\HOME\ATTORNEY\AMRSl 22 ~¿Jr"<? --..---- ." --~-- - - --'-'--'-" American Medical Response Basic Life and Advanced Life Support Fee Schedule Maior Charqe Cateqories Exhibit DAD ALS Ambulance (primarv Rate Components) 1998 Chula vista Rates Base Rate Ambulance $365.00 Treatment Only (No Transport) $150.00 Mileage $ 11.88 Night Charge (7p. m. -7 a . m. ) $ 51. 84 Waiting Time N/A Oxygen $ 51. 84 BLS Ambulance Base Rate Ambulance $190.00 Emergency $ 60.00 Immediate Response $ 32.00 Mileage $ 11.88 Night (7p . m. -7 a . m. ) $ 51. 84 waiting $ 30.00/1/4 hour Oxygen $ 51.84 Dry Run $150.00 Return Trip $160.00 OB Delivery Assist $100.00 Spinal Precaution Service $ 30.00 Bandaging Service $ 30.00 Suction Service $ 30.00 Resuscitation/CPR Service $ 45.00 Splinting Service $ 30.00 Airway Service $ 30.00 Restraint Service $ 30.00 Additional Attendant $160.00 Extra Crew Assistance $160.00 Border Crossing $200.00 Toll Charge $ 1. 20 Supplies as Reported 23 c2 () / cJ. [¡Y --- ~ ..~-. COUNCIL AGENDA STATEMENT Item ,).. / ) 91.;¡.z Meeting Date 10/27/98 ITEM TITLE: RESOLUTION AMENDING THE FY98-99 BUDGET, ADDING ONE FULL-TIME EQUIVALENT (FTE) CRIME FREE MULTI-HOUSING COORDINATOR POSITION AND DELETING ONE 0.5 FTE SENIOR CRIME PREVENTION SPECIALIST POSITION; AND REPROGRAMMING COPS PROBLEM-SOLVING GRANT FUNDS FOR SALARIES, BENEFITS AND EQUIPMENT ASSOCIATED WITH THE NEW POSITION. SUBMITTED BY: Chief of pOliceþ' City Attorney (. S I communi~elopment - Fire Chief P'''''og .,II"og ,., ~ REVIEWED BY: City Manag~ ~ /7 (4I5ths Vote: Yes_ NolU BACKGROUND: The Police Department is currently participating in a Department of Justice COPS Problem-Solving grant to develop strategies for reducing residential burglary rates. One part of the study has focused on improving on-scene evidence collection and suspect identification. The results from these interventions have been significant and will be discussed in a future report to Council (January 1999). A second focus of the study has been on burglary prevention. Staff are currently working with several ofthe City's developers/builders to formulate design strategies which will help reduce the incidence of residential break-ins in new housing. These outcomes will also be the subject of a forthcoming report to Council. This report deals with a program aimed at reducing burglaries as well as overall crime rates in Chula Vista's multi-family complexes. The program is aptly called The Crime Free Multi-Housing Program. RECOMMENDATION: That the City Council: (1) amend the FY98-99 budget adding one full-time equivalent (FTE) Crime Free Multi-Housing Coordinator position and deleting one 0.5 FTE Senior Crime Prevention Specialist position; and (2) approve reprogramming of COPS Problem-Solving Grant funds in the amount of $15,000 to pay for salaries, benefits and equipment associated with the new position. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. c2)-! ...___._. _ _ _. _.....,_ _'_·.m.···. ,., .,__ N '. .._____... __'_'___'__ -----,-_...._--_._---_._------_.__._._-_._-~..__._~---_..~----- Page 2, Item_ Meeting Date 10127198 DISCUSSION: During the first months ofthe COPS Problem-Solving Grant, the Department identified two distinct targets of residential burglary: single-family homes and multi-family housing. Each has a largely unique underlying set of causative factors that must be addressed differently. Roughly forty-five percent (45%) of Chula Vista's current housing is "multi-family", consisting of apartments, condominiums and mobile homes. By the year 2015, fifty-nine percent (59%) additional growth is projected for this type housin9 in Chula Vista. As in most communities, multi-family housing accounts for a disproportionately higher rate of residential burglaries and overall calls for service. Compare, for example, one 55-unit apartment complex (with 41 calls for service between January and mid-August), to a nearby block of 58 single-family homes (with only 18 calls for service). Moreover, while single-family residences have a repeat burglary rate of only 4%, multi-family units have a repeat rate of 26%. The Crime Free Multi-Housing (CFMH) concept was first developed in the City of Mesa, Arizona in 1992. Three (3) years after the program's inception, the city's multi-housing calls for service had declined by forty percent (40%). In 1997, the City of EI Cajon (with 59% multi-family housing) instituted its own CFMH Program. One particularly troublesome complex had generated 179 calls for service during 1997, but over the first seven months of 1998, has generated only 12 service calls. To achieve these successes, the CFMH Program focuses On three areas: · Environmental Desian. In order to qualify as a Crime Free Multi-Housing property, the buildings must meet certain design criteria, such as acceptable dead bolt locks on all entry doors, adequate lighting throughout the grounds and parking lots, trimmed shrubbery, and locking devices on sliding glass doors and windows. · Trainina. Apartment managers are trained by the CFMH coordinator to properly and thoroughly screen applicants. Proper screening can prevent many problems before they occur. To eliminate opportunity for crime, residents are trained to be the "eyes and ears" for the property. · Crime Free Lease Addendum. Court tested, this addendum provides for much quicker evictions if tenants engage in criminal activity. This is a significant benefit to property owners. Once the property has been certified in these areas, the complex receives CFMH Program signs that are prominently displayed On the building exterior. These remain the property ofthe City and are removed if the complex fails to maintain requisite standards. After becoming members of the CFMH program, complexes may use the program logo in their advertisements. In other communities where the CFMH Program has been successfully implemented, participating complexes have achieved a significantly more stable tenant base with lower turnover and vacancy rates, lower maintenance and repair costs, and increased property values. c2J-~ -~--_.---~. ._._.~,-_.-".~.,,"-.-- - .. _.M.._'___.______~_.__·_,__~___~_~_~_ .,.___._.__~_._~_______..._._,__..."_._. Page 3, ltem_ Meeting Date 10127/98 Next Steps: To manage the CFMH Program, staff proposes the Police Department's half·time Senior Crime Prevention Specialist position, which is currently vacant, be replaced with a full-time Crime Free Multi-Housing Program Coordinator. The new position would focus on CFMH implementation as well as the Department's other crime prevention programs. Duties would include training of officers, property managers and owners, program coordination, apartment certification, program tracking and reporting, and internal coordination with City staff as well as pUblic presentations related to a variety of crime prevention topics. After completion of initial training, the position would be assigned to the Department's Street Team for supervision. Program implementation is expected to take 2-6 months. Inter-Deøartmenlal Collaboration: The CFMH Program is supported by other City departments. Attached are letters of support for the program from the Community Development (one member has attended a voluntary orientation session); Planning/Building and Fire Prevention. Additionally, the City Attomey's Office also supports the program. Other Benefits: A recent Resident Opinion Survey conducted by SANDAG revealed that residents are aware of the Department's ongoing efforts to address several current problems in the City of Chula Vista. Of all currently-available programs, residents prefer using the various crime prevention programs more than any other. The survey also revealed a need for even more community outreach and crime prevention programs. The Crime Free Multi-Housing Program will respond to this need and will affect almost half of the community directly. FISCAL IMPACT: The Department has worked with the City Manager's Office to mitigate any impact on the General Fund. A three-year funding plan (through FY 2000/2001) has been developed. For the remainder of FY 1998/99, costs are expected to be $28,935. Funding to offset start-up and staffing costs will come from two sources: $15,000 from the COPS Residential Burglary Grant and $13,935 from the budgeted but currently vacant half-time Crime Prevention Specialist position. For FY 199912000 program costs are expected to be $46,760. Currently there is $24,220 budgeted for the half-time Crime Prevention Specialist (which we recommend eliminating). The remaining impact of $22,540 to the General Fund may be mitigated in two ways: (1) by taking advantage of $17,865 credits owed to the City from the Public Facilities Development Impact Fee (PFDIF) Program. These credits refer to police-related expenditures which were the obligation of the PFDIF but which were initially funded out of the Department's operating budget. (2) Community Development Block Grant Funds will be applied for to cover 10% or $4,676 of the program's cost. Similar funding is expected to cover the program's third-year costs of $49,445 (FY 2000/2001). Beginning in FY 2001102, new general fund monies will need to be allocated to the program. It is expected the program will be able to show significant reductions in police call for service rates, thereby earning its additional general fund support. Attachments: .2/ ~5 1. Letters of Support for the Crime Free Multi-Housing Program ---.-,----,.-.----,.--..--- RESOLUTION NO. J 902 Lj J.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 98-99 BUDGET TO ADD ONE FULL-TIME EQUIVALENT (FTE) CRIME FREE MUL TI- HOUSING COORDINATOR POSITION AND DELETING ONE 0.5 FTE SENIOR CRIME PREVENTION SPECIALIST POSITION; AND, REPROGRAMMING COPS PROBLEM- SOLVING GRANT FUNDS FOR SALARIES, BENEFITS, AND EQUIPMENT ASSOCIATED WITH NEW POSITION WHEREAS, the Chula Vista Police Department is currently participating in a Department of Justice COPS Problem-Solving grant to develop strategies for reducing residential burglary rates; and WHEREAS, the Department during the first months of the COPS Problem-Solving grant identified multi-family housing as one distinct target of residential burglary; and WHEREAS, the Department has identified the Crime Free Multi-Housing (CFMH) Program concept first developed in the City of Mesa, Arizona and also being implemented in the City of EI Cajon as a successful program for a decline in calls for service by police; and WHEREAS, Community Development, Planning/Building and Fire Prevention and the City Attorney's office all support the program and will benefit from it; and WHEREAS, the Crime Free Multi-Housing Program requires the establishment of a full-time position to be designated as coordinator to manage and run the program; and WHEREAS, the Department's current half-time Senior Crime Prevention Specialist position is currently vacant; and WHEREAS, there are funds remaining in the amount of $15,000.00 in the COPS Residential Burglary grant to offset any additional staffing costs for FY 98-99, NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City of Chula Vista does hereby approve a Resolution adding one full-time equivalent (FTE) Crime Free Multi- Housing Coordinator position and deleting one 0.5 FTE Senior Crime Prevention Specialist Position. ~J~'I .._.,._..__'"'_.__m.....___.,' ...·,___'.·..m.··._.._.___."'._·____... ....._.__ .__.._..__...____,~,.__.,__.. ....__ BE IT FURTHER RESOLVED the City Council does hereby approve the reprogramming of COPS Problem-Solving Grant funds in the amount of $15,000.00 to use for the salaries, benefits, and equipment associated with the newty-created position of Crime Free Multi-Housing Coordinator. Presented By Approved as to Form By /JJrc ------ Richard P. Emerson, Joh . Kaheny, Chief of Police " Attorney .2.f~S ".._-_.__._-~-------_.,--_._._._......_-"--,---"- MEMORANDUM DEPARTMENT OF PLANNING AND BUILDING DATE: September 8, 1998 TO: David D. Rowlands, Jr. City Manager VIA: Bob Leiter, Director :Øt FROM: Brad Remp, C.B.O., Assistant Director/Building Offici~ SUBJECT: "Crime-Free" Multi-Family Housing Program -------------------------------------------- -------------------------------------------- I would like to take this opportunity to state my support for the "Crime-Free" program. I have reviewed the infonnation provided to me by Detective Dan Hardman and am convinced that this program can be valuable to the City of Chula Vista. Over the last several months, the Code Enforcement Section of the Building Division has worked with the COPPS program and been able to accomplish results that have been very beneficial in addressing enforcement issues. I look forward to that relationship extending to this program to benefit all citizens of this City. If I can be of further assistance in supporting this program, please feel free to let me know. BWR/bwr c1/--? .---.. -.------.. MEMO ~fft.. Zi!IIt:~ : ~~U Date: September 10, 1998 01Y OF To: Rick Emerson, Police Chief CHULA VISTA From: James B. Hardiman, Fire chie~,¡f-- Subject: Support of Proposed "Crime-Free" Multi-Family Housing Program I have reviewed the Executive Summary of the proposed "Crime-"Free" Multi-Family Housing Program. The Fire Department is in strong support of such a proposal. In the past few years, the Chula Vista Fire Department has seen an increasing number of calls for service to multi-family occupancies. Many of these calls are medical calls to treat victims of violence or domestic abuse. We strongly support such a proposal which may substantially reduce calls to these addresses. We feel such a program will potentially improve Fire Department Threshold Standards and make our community safer. Please contact me if you need any further information or assistance. JH/m 0215 c2j- / n_ N_·· --....-------.--"-..---.--..-.., -,'._------ ---~-- MEMORANDUM September 4, 1998 TO: Daniel Hardman, Investigation Division - Chula Vista PD FROM: Juan P. Arroyo, Housing coordinat« SUBJECT: Crime Free Multi-Housing Program The purpose of this memorandum is to express my support for the proposed Crime Free Multi- Family Housing Program which is being developed by the City of Chula Vista Police Department. This program is consistent with our housing and community development goals and objectives as outlined in the City's Housing Element which was approved by Council in 1991. I believe that the proposed program will be an excellent addition to your on going pro active efforts to reduce crime which will also improve our neighborhoods and the condition of the multi-housing stock. Please let me know how I can be of further assistance to implement this program. JA:ah [AH\C:\ WPWIN\JUAN\MEMOS\CRIME.MEM] .1)~r ------.---.-.-....,----.',"..------ "--".---'--'- COUNCIL AGENDA STATEMENT Item d J--. Meeting Date 10/27/98 ITEM TITLE: Report Regarding Industrial land Task Force and Staff Analysis of Eastlake Industrial land Proposal , S , SUBMITTED BY: C"~"";~ D........m n;,oc,"~ Planning and Building Director ~ REVIEWED BY: City Manager ti ¡.vv (4/5ths Vote: Yes_ No.Jl) k" Dc Staff requests that this item be continued to the meeting of November 1 0, 1998. Icld) H:IHOMEICOMMOEVISTAFF,REPI10,27-98Iindland_res [October 22, 199812:38PMII ;;2;)-0 ~--~-_.."_..-..._..._-_.._----_. ____M