HomeMy WebLinkAboutAgenda Packet 1997/02/18
"I declere linder penalty of perjury thet I em
employed by the Gity of Chu"s v'sèa in the
Office of the Ci ty Clark and that I pos ;ad
this Agands}Notice on the Bulletin Board at
Tuesday. February 18. 1997 the Public ices Building and at City Hall on Council Chambers
6:00 p.m. DATED .,< /y, 7 SIGNED &~ ~ Public Services Building
REVISED
Regular Meeting of the Citv of Chula Vista Citv Council
CALL TO ORDER
L ROLL CALL: Councilmembers Moot _. Padilla _' Rindone _, Salas _' and
Mayor Horton _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: February 4,1997 and February 11. 1997.
4. SPECIAL ORDERS OF THE DAY:
a. Proclamation declaring Saturday, February 22, 1997, as "Kent Frnede Memorial Classic
Day." The proclamation will be presented by Mayor Horton to Al and Mary Ann Froede, Dale
and Joy Pruitt, and Mark Smolanovich.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 7)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak 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 2/11/97, that there were no reportable actions which are
required under the Brown Act to be reported. It is recommended that the letter be received
and filed.
b. Letter from Yvonne Lopez, Keystone Adviser, Boys & Girls Club of Chula Vista, requesting
financial assistance to attend the National Keystone Conference in Denver, Colorado, in
March 1997. It is recommended that this request be denied.
c. Petition from residents around Park View Elementary School regarding unsafe conditions
caused by traffic congestion created exclusively by the school and its operation. It is
recommended that this issue be referred to staff to work with the neighborhood residents, the
Safety Commission, Planning Commission and School District. Continued from the meeting of
2/11197.
Agenda -2- February 18, 1997
6. RESOLUTION 18579 APPROVING THE DISBURSEMENT OF $2.500 FROM THE
SPAYtNEUTER TRUST ACCOUNT TO THE COALITION FOR PET
POPULATION CONTROL - The Coalition for Pet Population Control is
requesting a donation of $2,500 to be used in the "February National Spay Day
USA" month. Staff recommends approval of the resolution. (Chief of Police)
4/5th's vote required.
7. RESOLUTION 18580 ACCEPTING DONATION IN THE AMOUNT OF $125 TO THE ANIMAL
SHELTER - The donation is being made by the Sbaron and Duane Sceper
family in appreciation of the "encouragement, support, love, and caring" service
from the Animal Shelter staff. Staff recommends approval of the resolution.
(Chief of Police)
* * * END OF CONSENT CALENDAR * * *
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
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.
8. PUBLIC HEARING ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENTS WITH VILLAGE DEVELOPMENT AND BALDWIN
BUILDERS - On 6/25/96, the Planning Commission met jointly with Council
to consider and approve pre-annexation development agreements with the major
property owners of Otay Ranch. When the development agrt;tments were
originally approved, it was anticipated that the Otay Ranch annexation would be
finalized by the end of 1996. The development agreements contained 12/31/96
expiration dates if the annexation was not complete by that time. While tbe
reorganization was ordered by Council on 12!l7/96, a Local Agem;y Formation
Commission annexation condition was not met, the annexation was not
completed, and the agreements have expired. Staff recommends Council place
the ordinances on tirst reading. (Deputy City Manager Krempl and Special
Planning Projects Manager, Otay Rancb) Continued I'rom the meeting 01'
2/4/97.
A. ORDINANCE 2695 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH OTAY RANCH, L.P., A
CALIFORNIA LIMITED PARTNERSHIP, AND VILLAGE
DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP (first
reading)
B. ORDINANCE 2696 ADOPTING THE AMENDED AND RESTATED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH BALDWIN BUILDERS (tïrst
readin!!:)
.-_.. . ~- _0"'______
Agenda -3- February 18, 1997
9. PUBLIC HEARING PCM-97-01: AMENDMENTS TO RANCHO DEL REY SPA III
SECTIONAL PLANNING AREA (SPA) PLAN AND ASSOCIATED
DOCUMENTS TO ALLOW A 52 DWELLING UNIT DENSITY
TRANSFER FROM PARCELR-7C TO PARCEL R-6 AND CHANGE THE
DENSITY RANGE AND PERMITTED NUMBER OF DWELLING UNITS
OF BOTH PARCELS ACCORDINGLY
PCS-97-01: TENTATIVE SUBDIVISION MAP KNOWN AS RANCHO
DEL REY SPA III TRACT 97-01 FOR 25.8 ACRES LOCATED ON THE
SOUTH SIDE OF EAST "J" STREET BETWEEN PASEO RANCHERO
AND VAQUERO COURT WITHIN THE RANCHO DEL REY SPA III
PLANNED COMMUNITY
DRC-97-01: APPEAL OF THE DESIGN REVIEW COMMITTEE'S
DECISION TO DENY THE SITE PLAN AND ARCHITECTURE OF A 246
DWELLING UNIT CONDOMINIUM COMPLEX AT THE TENTATIVE
SUBDIVISION MAP SITE - Consideration of applications filed by Rancho del
Rey Investors, L.P. for 28.8 acres located on the south side of East "J" Street
between Paseo Ranchero and Vaquero Court within the Rancho del Rey SPA 1Il
Planned Community. An appeal of the Design Review Committee's decision to
deny the site plan and architectural proposal of a 246 unit condominium complex
to be located on the Tentative Subdivision Map site has also been filed. Staff
recommends Council place the ordinance on first reading and approve the
resolution. (Director of Planning) Continued from the meeting of 2/4/97.
A. ORDINANCE 2698 APPROVING AMENDMENTS TO THE RANCHO DEL REY SPA 111
PLANNED COMMUNITY DISTRICT REGULATIONS (first reading)
B. RESOLUTION 18570 AMENDING THE RANCHO DEL REY SPA III SECTIONAL PLANNING
AREA (SPA) PLAN GENERAL DEVELOPMENT PLAN. WATER
CONSERVATION PLAN AND AIR QUALITY IMPROVEMENT PLAN
TO ALLOW A 52 UNIT DENSITY TRANSFER FROM PARCEL R-7C TO
PARCEL R-6 (PCS-97-01); AND APPROVING AND IMPOSING
CONDITIONS ON TENT ATIVE SUBDIVISION MAP TRACT 97-01 (PCS-
97-01), APPROVING AN APPEAL OF THE DESIGN REVIEW
COMMITTEE'S DECISION TO DENY THE SITE PLAN,
ARCHITECTURE FOR A 246-UNIT DEVELOPMENT ON 15.2 ACRS OF
THE SUBJECT SITE (DRC-97-01), AND ADOPTING ADDENDUM TO
FEIR-89-10
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be 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.
None submitted.
- ----- -~--_. -".-- -_.-._-~--
Agenda -4- February 18, 1997
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
10. CITY MANAGER'S REPORTlS)
a. Scheduling of meetings.
b. Department Head presentation: Library; Management & Information Services; and Nature Center.
11. MAYOR'S REPORTCS)
a. Appoint alternate representative to the Otay Valley Regional Park Policy Committee.
12. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on February 25, 1997
at 6:00 p.m. in the City Council Chamhers.
_ _____.___._._.._n.."._________ --'-- --~~
'" declare tinder penalty of perjury that I am
employed by tha City of Chu'a Vista in tha
Office of the City CierI< and të.,,, I pos·.ed
this Aganda/Notica on the Bulle',!n Board at
Tuesday, February 18, 1997 the Public ervices Bu:iJ.ing and at Ci*i' Hall on Council Chambers
6:00 p.m. DATED. d ý'¡ S!GNED~l1tiC Services Building
(inunediately following the City Council Meet! g
Citv of Chula Vista Citv Council
CLOSED SESSION AGENDA
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.
1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to
Government Code Section 54956.9
· Claim of Amy Wolfe.
· Claim of Steve Griffin.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
· Agency negotiator: John Goss or designee for CVEA. WCE. POA. IAFF. Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Ofticers Association (POA) and International Association of Fife
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
------- . _____.__..._._u_·_·...._.__"..__··_______·~·___~_·____
January 24, 1997
MEMO TO: City Clerk's Office
FROM: Patty Wesp, Council Offic~
SUBJECT: SPECIAL ORDERS OF THE DAY - 2/18/97
Please docket a proclamation declaring Saturday, February 22, 1997 as KENT
FROEDE MEMORIAL CLASSIC DAY which will be presented to:
Al & Mary Ann Froede
Dale & Joy Pruitt
Mark Smolanovich
A copy of the text is attached for your use. Thank you.
Encls.
7'a.,.-/
__..____ _____ _.....___....u_ " _... ._..,-----,--~----
PROCLAIMING SATURDAY, FEBRUARY 22, 1997 AS
KENT FROEDE MEMORIAL CLASSIC DAY
IN THE CI7Y OF CHULA VISTA, CALIFORNIA
WHEREAS, the Kent Froede Memorial Classic Tournament was created in
memory of Kent Froede, former Chula Vista High and Southwestern College
baseball standout and local sports star and business man who died in December
1986 of cancer; and
WHEREAS, proceeds from this annual event help support the American
Cancer Society programs of patient services, cancer detection and prevention,
education and research including Camp Reach for the Sky; and
WHEREAS, the Eleventh Annual Classic will take place on Saturday,
February 22, 1997 beginning with a golf tournament at Chula Vista Municipal
Golf Course, followed that evening with a gathering at the South Bay Banquet
Center in Bonita:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula
Vista, California, do hereby declare Saturday, February 22, 1997 as KENT
FROEDE MEMORIAL CLASSIC DAY in the City of Chula Vista and encourage
our citizens to attend the above events as an indication of our support in this
continuing crusade against cancer. FURTHER, I extend my personal best wishes
to all participants in the Eleventh Annual Froede Classic Memorial for an
enjoyable and successful event.
J./tL~;J..
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1/4~Î
February 13, 1997
TO: The Honorable Mayor and City Council Æ
FROM: John D. Goss, City Manager 'J:171: ---z I
SUBJECT:
City Council Meeting of February 18, 1997
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, February 18, 1997. Comments regarding the Written Communications are as follows:
5a. This is a letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on February 11, 1997, there were no
reportable actions which are required to be reported under the Brown Act.
IT IS RECOMMENDED THAT THIS LEITER BE RECEIVED AND FILED.
5b. This is a letter from Yvonne Lopez, Keystone Advisor for the Boys & Girls Club of
Chula Vista requesting financial assistance for seven members of the Keystone Club to
attend a conference in Denver in March. As mentioned at the February 11 Council
meeting, the City has been receiving an increased number of requests for this type of
funding recently. . Council Policy 159-02 states that "Financial support of individuals
shall not be approved unless the purpose of or reason for support serves a specific
tangible benefit to the City." In the past, a "tangible benefit" has been interpreted to
include a presentation by the recipient at a City event or meeting, i.e. before the Youth
Commission, or at a similar group. Last week the Council authorized the expenditure
of $100 for two students to attend the Freedoms Foundation conference in Pennsylvania,
in exchange for which they would each make a presentation to a youth group. Due to
limited financial resources, and the fact that we already have commitments by two
students to make presentations of the same nature, staff does not believe a specific
tangible benefit will be derived by the City, and IT IS RECOMMENDED THAT THIS
REQUEST BE DENIED. As requested at last week's meeting, an infonnation item
is included in the Council packets reflecting approved expenditures from the
Contingency Fund this fLSCaI year.
5d. This is a letter from residents in the area of Park View Elementary School pointing out
several conditions they believe constitute a public nuisance and safety hazard. In the
letter they point out that Park View Elementary School has restricted access only through
the local residential streets. The letter's conclusion is that alternate access routes and
school bus turnouts are needed as well as additional staff and parent parking. The lack
of these facilities is creating some undesirable situations, including congestion and a lack
of parking, for the residents. The letter further urges that plans for the Sunbow II
development not be approved until a workshop with the Safety Commission, school staff
and Police Department addressing their issues takes place. A preliminary assessment of
the issues described above indicates that the problems are many and complicated and will
-_._.__._._---~._~----_._.
require the cooperation, and financial commitment, of the School District. Staff has been
discussing some of these issues with the Principal and other school officials, but currently
have no immediate solution. Some of the problems with school buses might be able to
be relieved through a cooperative effort with the School District when East Palomar is
extended through Sunbow if bus drop off points can be changed to that street and a new
pedestrian entrance is constructed from the back of the school. Other solutions, such as
additional on site parking, is under the sole control of the School District. Direct vehicle
access by extending the local residential street to the east through SunboW is not included
in the current tentative map. Therefore it is not an option available unless the developer
agrees to changing the plan to allow that access. Such access, however, may have an
even more negative result in that it would extend the problem into new neighborhoods
and also provide a shortcut for outside traffic through strictly residential streets which
would be available at all times. Currently the traffic problems are focused primarily
around the beginning and ending of school when parents are dropping off or picking up
students. Since staff and the Safety Commission are already addressing the issues and
the Sunbow II development already has an approved tentative map, IT IS RECOM-
MENDED THAT THIS ISSUE BE REFERRED TO STAFF TO WORK WITH THE
NEIGHBORHOOD RESIDENTS, THE SAFETY COMMISSION, PLANNING
COMMISSION AND SCHOOL DISTRICT.
JDG:mab
.
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:- ....~ ::
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~~~~
OlY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date: February 12, 1997
To: The Honorab1e Hayor and c;t~~1*" c>
From: John M. Kaheny, City Attorney ~
Re: Report Regarding Actions Ta n in Closed Session
for the Meeting of 2/11/97
The city Council met in Closed Session to discuss the claims of Amy
Wolfe and Steve Griffin and Conference with Labor Negotiator.
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.
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276 FOURTH AVENUE, CHULA VISTA· CALIFORNIA 91910 . (619) 691-5037 . FAX (619) saS-5612
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(0·;
BOYS & GIRLS CLUBRlcafVEO
OF CHULA VISTA VI ftn -5 P
rœ 1 :58
AdmInistrative Office ~H ~{~~~F'1cT t .
1X11 Oleander Ave. '.
Chula Vista. CA 91911 FEB A ,-
(619) 421-«:>11 - LI
(619) 482-6738 FAX
BRANCH LOCATtONS:
._"-".-.-,,,..
1X11 Oleander Ave.
Chula VISta, CA 91911, . '
(619) 421-«:>11 My name ~s Yvonne Lopez, Keystone Adv~sor, for the Boys & G~rls
Club of Chula vista, The Keystone club chartered December 1996.
465 'L' Street
Chula Vista CA 91911 . f '
(619)42().1222 The Keystone Club ~s a group 0 teens, ages 14-18, concerned w~th
,service to the Boys & Girls Club and to the community, Keystone
emphasizes leadership, education and career development, free
B d r DI t enterprise and social recreation.
oaf 0 ree ors
Joanne Reel Each Keystone Club has its own officers, who carryon the business
President of the Club. Keystone Clubs throughout the united states are
Mary Rankin united through similarity in purpose and goals r and through their
Vice President of affiliation with the National Association of Keystone Clubs.
Finance
L IIB'II' The general purpose of Keystoning is to create and maintain high
CNle lings 1, h "h" d
Vice President of standards of hea th, educat~on, c aracter and c~t~zens ~p ~n or er
Adminim~tlon to meet the responsibilities of our current way of life.
Mary Hammond ' 1 d h' d ·t' h' " '
Vice President of Keyston~ng promotes ea ers ~p an c~ ~zens ~p tra~n~ng, serv~ce
Ope~tions to the Boys & Girls Clubs and the community, good will and
. understanding between groups and individuals, cooperation with
David Loveland local and National Boys & Girls Club programs and fellowship
Secretary h d' 'f' d 'h' h mb h '
throug a ~vers~ ~e program ~n w ~c every me er as a vo~ce.
Billie Brown'
John Collins On March 20-22, 1997, the National Keystone conference will be held
Sharon Giles in Denver, Colorado. It is our goal to have six members and myself
Stephan Melvin attend the conference, We realize that funds must bè raised in
John Moot Esq. order for this to become a reality. The Keystone members have held
NestorOl~uin several events ,in hopes to raise money. The members also ~ave
Emerald Randolph plans for funct~ons such as car washes, bake sales, parents n~ght
Don Read out r sleep-overs, dances and a snack bar.
JimZoll . f d" f' '1' f· d· 'd 1
We are hop~ng or a d~t~onal ~nanc~a ass~stance rom ~n ~v~ ua s
and businesses in and around our community. Any assistance will
w. scott Mosher be greatly appreciated and a worthwhile investment. An investment
ExecuüveDirector ' k' d' ff ' th 1, h· h· t ·11
~~ ma ~ng a ~ erence ~n our you s ~ves, w ~c ~n urn, w~
make a difference in their Club, community and world.
~¿'&'~f£}V7. I thank you for your consideration and time. ~~.~~~
. _/~ ~''" J!i. a"(¡.DV
Sincerely, ",& >"y.,1'" Jßi,~, \ y¡.....
~~../ ~ ~ ~ ~rt'U\"'<å'" ·'¡¡¡¡jAgency #6126
(Jlrl~' f;".~ ¡i",?þ,~7f'à"'~~.
inco~-I'?-{?" lft~1. :~..\ \'Ì$¿V /:;;; .
:;.rOt vonne Lopez :..'1'
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; -:;C:impïrm~~i th~:TØiSupiéme~K~yši6rié'pF~graiñ-:and d'ëy"elopti-~~· K~ystôñiz}g in-th~2_1si ¿èrtí~ry' ~~;-^ ,t~~: ;·;:~~·~~t:·>~ '~:f&~~~·'f
~~ '-:'.~:à wõì-kifigl~läti9ñshfp withthèir local Taco ,Bél1;-~~;- ':::-:";~~1?'o..::t ~:~-:: :::: ~~Viith"'Ü1è ~r~ci~ù~~{ì'pportb{the Ta!c;oB-ell F~;áaii¿;{ï~~r.;'[~
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~ ~'<r18~i-:Y¿: Kéystonerswill be"chàllënged tOlormuIate solútioñs::::j-~. 5I1ld thß 'new_-giòWth in the TEENSupreme Kéystõne'program, the":S:'~¡'~: ~
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:. development.:,As·pqrt of a nahonal Movement. Keystoners . ",_",.-.':" cessful exp9nSlon mto the 21st century, -ThIS track_educates'" 'f .."...:!' .'";~.~
, ..,' ~~.:h~e tlì~-àbilhy, to .take\vhat theÿ have le~roèd dñd. inl1úence' "~~"', nóÿfée Keyštoneis _abou't the èorè areas of Kèys~qning~ while' '~~;.~::7.::fl·~.~.
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:., Tlîë Mile High City Is' Framed by the Rocky Mountains, .' , Career Exploration ';nd Edu';ationaí'Issues < "'. ',';-:'c
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c ;', \:~:"'~:~:~:' Dè'~véi> CÓ; is the pe~if~ct lõcation 'fòr" the. .: . .~/;_'.' ." ,~~.~ ~ -. ~e~6:rn'þ~....( ~1?-þ!~þ~!..e-·y~ui~êlf·!.9Ç ~hejiéx(~èritûly.- If ã'~'~" . .' :.-::0
'~JEEJfSU:pie'm~e)Ceystóne Confere'nþe.- a 'City -!õ,të.eped iJ?lÚstórý, ' fOÚI-y~ar cö)lègê_ d~grêe r~, hot in yÖ~r ftitu~é,;..dis~còv.er oth~r' ..; '~L',~:__
':::-:W{th a~ variéìy- ~f outdoor °reqéaHôn~1 ,ádiviÜés: Denver was ;-. "optJons that~ are available> Yoiµ futtlJe can, b~, bright if you àte .',.' .; ~.':~-,
'-)9'Ù{durinçi.~th~gold .rush of 1859:: Iihas"surviv~d-a fldop.;: ~~:-~ '- .-"'. .y¡illin,g tÒ rnv_~st.in ,i~ andyouá;elf.. .'.'/: ,. .., : .' '-:. " ".:"$::::.,:
/~éver#liilc;xjo~fires, and év"nr;,isedan ciimy t~át.de~ec;xted c;xìl',Specîal èÒ1Í.fererì¿~ Ei¡éÍ1tsancl Activiiiés. > '\;2',:
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f"',,, :' '·.lhousands of art<Jb ects from around the world. Of specIal note: "~b' . t I" '114 . ,'. '¡,r'A''¡' 'f' -'d'lt "'d ." .¡- ·..T··..··~"":,;);':··
:~::_.:~<~·:·~'nèwl 'i~mo¿"el~d~A~êiiccm '.and Westérn;::ci'"rt ~ aiieries ana an <'::J~ e ~~.. ~.c:x.s_'~..- ,'y'~?-.~õ;s_.~. ,:~~.:.fS! ,10.,0 ,~n~-..'7 .-~..~ Ç( Vl.S?:':: ~~.:.~P~ ~,S:,I~~~:.T_
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(.~ .::-,"..: ~ ,'. + :'~The:prèÌniere 'colledion- of classiC Western 'árt including ":;,'.ó". appears in ~he A.dvisor Checkli~C .-< -. ',-~', ;: -.\ :.:....',- . ,~'-"::"- :·:~·i?ft;:i!-;.<-¿ .
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'o,:e'··:'J.:;':i"'{;:::rYd ''''Íc ";-\í.;:/ rÎ 0'" th·',f"íih';"" '. b' . '. - íh::Wld C',:.Center. Denver, CO by February 28.·1997.é~ml'yo~ho\el ~çg~t'·,
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... ~'-~5 tAdu!ts $2.00, Stuâents<12·J 7,~5¢:.~~.';2.;~\f!(:::' :.i~ ('::':-':'::;·tr~:Iý:;' ......:;r-:' ~~~'<h"" êb-~"'~-;;':Îfiäe;fot í 200 d~légates .s: .\.;::r:~~.:: ¥"~;"?~<J~' - J:¥J........
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~ "'....:.::~;:;,-~:'':; --'~_;. t"'".2There are hùÏnerouS·aUradions JIiàt Keystoners and ~·i" ~'i:F'î-'7t~-: -'.:ì"""";~":-ó.Jï t:'''1 ·'..,,,,r: <t"-;:t:''''''~~r''B'''}''''~'¡¡'~~')(I~ ~
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30th NATIONAL TEENSupreme TM KEYSTONE CONFERENCE
DENVER. COLORADO · MARCH 20 - 22. 1997
TENTATIVE PROGRAM SCHEDULE · Planning your Meetings 8:15 a.m.-8:3D a.m.
· Keystone Officers Adult Advisors Meeting
THURSDAY. · History of Keystoning-
MARCH 20.1997 · Keystone Pride 9:00 a.m.-l0:15 a.m.
7:30 a.m. · Social Recreation General Session
Steering Committee Planning · What is Keystoning? Career ExplorationlEducation
Meeting · Taking It to the Streets Issues
· Unity Get tbe Education,
Sessions 9:00 a.m.-4:00 p.m. · Community Service Get tbe Skills,
Conference Check-In and Briefing · Teen Leadership Get tbe Job
· TEENSupreme Small Group Sessions on
Sessions 10:30 a.m.-4:00 p.m. CareerslEducation Issues
ToursIHospitality 11:30 a.m.-12:30 p.m.
Sessions Repeat: Keystoning in tbe 10:15 a.m.-ll:15 a.m.
Sessions 4:00 p.m.-5:00 p.m. 21st Century Career Exploration/Education
Mandatory Advisors Briefing Issues
Sessions 4:30 p.m.-5:30 p.m. 12:30 p.m.-2:30 p.m. · ScholarshiplFinancial Aid
Task Group Planning Meetings Lunch on Your Own · Applying to College
· Alternatives to 4-year College
Sessions 5:00 p.m.-6:30 p.m. 2:30 p.m.-3:30 p.m. · Public Speaking
Dinner on Your Own General Session: · Welfare
Living in the '90s · Setting Goals
Sessions 7:00 p.m.-S:30 p.m. No Problems, Only Solutions · Self Exploration
Opening Session · SAT/ACT Tips
3:45 p.m.-4:45 p.m. · Military Opportunities
Sessions 8:45 p.m.- Midnight Small Group Sessions on Life in · High School Classes
Secret Friends the '90s
Keystone Roll Call Dance · Cultural Diversity · job Skills
· Careers in Boys & Girls Club
Hospitality · AIDS Long Term Survivors · Teacher-Student Relations
Karaoke · Ending Abuse
NIKE Activities · Depression/Suicide 11:30 a.m.-12:30 p.m.
Three-on- Three Basketball · Coping with Death Tour Denver
Coed Volleyball · Drugs and Date Rape
Club Visit · Media Portrayal of Teens 7:00 p.m.
Chess · Teens and the Law Conference Awards and
Street Hockey · Virginity Dinner Dance
· Sexual Harassment 8:30 p.m.-9:00 p.m.
I'RIDAY. · Teen Relationships
MARCH 21. 1997 · The World of AlSMSTM Swap Shop
7:30 a.m. · Spiritual and Moral Values 9:00 p.m_- Midnight
Steering Committee Planning · 1997 National TEENSupreme Keystone Dance
Meeting Project: World Projects for Fun and Games
World Recognition Hospitality
8: 15 a.m.-S:30 a.m. 5:00 p.m..6:00 p.m. Board Games
Adult Advisors Meeting Karaoke
Sessions Repeat: Living in tbe '90s Talent Show
9:00 a.m.-l0:00 a.m. 6:30 p.m.- Midnight NIKE Activities
General Session: Finals of Chess Tournament
Keystoning in tbe 2'lst Century Dinner on Your Own at
Fun-Plex Fun and Games
Leaders in Action Hospitality
10:15 a.m.-ll:15 a.m. SATURDAY. Bingo, etc...
Small Group Sessions on Keystoning MARCH 22.1997 Karaoke
· Teen Employment from Club to 7:30 a.m. Talent Show
Taco Bell Steering Committee Planning P.L.A.Y. Activities
· Free EnterpriselFundraising Meeting
· Regional & National Keystoning 52-7 TEENSupreme"
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From: Residents Around Park View Elementar l~~I~JAN 27 1:,.--
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To: Any Public Servant or Elected Official 0 cern C'~:·'C·! : -:::S i
CWLA i', "" I
Subject: PERSISTENT PUBLIC NUISANCE AND SAFETY HAZARD
Purpose:
The purpose of this letter is to officially expose the unsafe conditions
caused by traffic congestion created exclusively by Park View Elementary School
and it's operation. The daily inconveniences and frustration that residents
living in the neighborhood must tolerate, and the total lack of effort on part
of representatives of the Police Department, City Planning and School District
to either enforce existing laws. or to prov,ide any constructive action to
permanently correct such problems.
Back~round :
Park View Elementary School was originally designed twenty plus years ago to
service only those children of the surrounding neighborhood living wi thin walking
distance of it's site. The only access route to the school at that time, which
remains the same today, is limited to four small, tightly arranged streets which
form a "U" shape approach on the southern boundaries of the school. This rout.e
provides only one-way-in, and one-way-out of the area, and serves as primary
entrance to the entire neighborhood, including school. Original planning for the
school totally failed to consider future demands such as increased enrollment,
expansion of facilities and the busing of students from outside the immediate
area. From the beginning representat.ives of the Police Department, City Planning
and School District were made aware of traffic problems created by the schools
daily activities according to original home owners which still reside in this
area.
Present
Situation:
These are but a few examples of the problems t.hat residents living around
Park View Elementary School must tolerate each day throughout the school year.
Problems that not only occur during normal business hours, but frequently extend
into late evening hours and at times through weekends. Problems that compound
themselves primarily because the school is only accessible from one side, an area
physically too small to safely handle the current volume of traffic imposed on
it. A large percentage of available curb side parking in this area has already
been designated as either no parking, or limited parking by City Traffic
Engineers in a futile attempt to keep increasing volumes of traffic flowing, plus
restrict vehicles from obstructing the path of school buses trying to snake their
way around tight corners. The remainjng legal curb side parking is extremely
limited, and most often consumed early in the day by members of the school staff,
student aids, student teachers, parents and visitors to the school. As a result,
lines of double and even triple parked vehicles form during peek hours all
bidding for any available opening, to include residents driveways and restricted
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parking areas. This not only restricts ::he flow of traffic, but quite often
prevents movement altogether creating extremely unsafe traffic conditions for
drivers and pedestrians alike. Numerous violators disregard cones, posted signs
and painted markings restricting parking. Generally during these periods there
is a total absence of law enforcement. When the Police Department is present
citations prove to be little, or no deterrent to violators. Normal traffic to
and from the school is not just limited to personal vehicles, but also includes
school buses, maintenance trucks and delivery trucks of all sizes which add to
congestion, and could possibly prevent emergency vehicles from entering the area.
In addition to traffic congestion the streets in the neighborhood are littered
daily with debris from students and parents alike, plus the school by nature
provides a haven that attracts undesirable individuals and illegal activities
after hours.
What's Been Tried
City Traffic Engineers have posted signs, provided traffic cones and painted
markings on both street surfaces and large portions of the curbs in this area.
In all honesty these efforts have probably added more to the problem than reduced
it. On rare occasions the Police Department issues citations which seem to have
little lasting effect on violators. Every no cost, low cost, quick fix gimmick
that could be thought of has probably been tried, or suggested leaving safety
patrol kids as the last line of defence between residents and the traffic. The
City Safety Commission and Ci~y Traffic Engineers are minimalist by nature, at
some point in time even they must concede all previous attempts have failed.
There are limits to the physical laws of nature which have been completely over
looked here, the old adage about "::en gallons of water in a five gallon bucket"
should ring a bell? The real problem here is nVOLUME" not violators, and until
some of the "VOLUME" is redirec'ted 'to o'ther areas the problem cannot be
· eliminated. For the most part, residents believe parents violating the laws in
this area would probably not, if given alternatives to comply with it, such as
more room around the school.
Who's
Responsible:
To date, representatives of ::he Police Department, City Traffic Engineers and
School District have been unable to provide any effective solution for the
traffic problems occurring in this area. Each of them concede the situation will
probably worsen in the future, and acknowledge the seriousness of the present
problem, but claim to lack the resources and funding to initiate a permanent
· solution for existing traffic congestion. In 1990 were told City Planning and
the School District tentatively approved plans for a new housing development to
the east of Park View Elementary School while knowing plans lacked any provisions
to upgrade existing school facilities or adjacent areas to provide alternate
access routes, new school bus turn-outs, and additional staff or parent parking
to ease the burden in this area. Fortuna::ely for the residents of this area, the
original developer went bankrupt putting everything on hold. Now, in 1997 were
told City Planning and the School District have agreed to honor the original
plans with a new developer without ever revisiting the area to conduct traffic
surveys, consult with residents and school staff, or to update themselves on
outstanding safety issues that have been known about for years. What's truly
· amazing about this situation is the fact that none of the numerous complaints by
5<:, .,.z. .,
residents over the years were ever recorded or past along, but apparently allowed
to slip into obscurity. To the layman the only logical conclusion to the problem
of heavy traffic in a small confined area is to simply spread it's effects out
over a larger area at first opportunity. Any reasonable individual would assume
that this would become a priority on any future plan relating to such an area,
therefore it is inconceivable to the ave~age resident here that this is currently
not the case, especially when we'll be stuck with the additional burden created
by the new development. Even more concerning to the residents is it appears as
though they have no voice or representation in such matters, when they personally
have the most invested. It also becomes quite obvious to residents after
struggling with this problem for years that the City and School District both
will avoid any improvement that would directly affect their budget. It's common
knowledge that similar traffic problems exist around many schools in this
community, each of those problems are probably also directly related to poor
planning, and an unwillingness to improve or upgrade existing facilities when
necessary. Comparing what has happened in the past, residents now are seriously
worried about the future. Park View Elementary. School has always (willingly or
unwillingly) imposed it's well on this area, and has managed over the years to
consume many of it's resources. Soon all the vacant areas remaining around
the periphery of the school will be developed, and all school traffic problems
(present and future) will be permanently locked into this area. we the community
presently have an opportunity, one only, and this opportunity will not present
itself again.
Conclusion:
we the residents living around Park View Elementary School are officially
requesting that existing vacant parcels of land to the west of the school
(Oleander St. Side) , or to the north (E. Palomar St. Side) , or to the east
(Sunbow II Side), or any combination of all three, be developed as soon as
possible to provide the much needed alternate access routes, new school bus
turn-outs, plus additional staff and parent parking.
we collectively, as members of this community would be negligent to allow
development of the only remaining vacant parcels of land left around the school
without including each of the previously discussed improvements.
we collectively, as members of this communi ty would be repeating the same
shortsighted mistakes as the original planners of the school if we elect to do
nothing and simply allow the "tentatively" approved plans to proceed unchanged.
we collectively, as members of this community would be totally responsible for
any injury or fatality of a child forced to make their way through the present
maze of vehicles, we chose to ignore.
Recently the City Safety Commission directed their staff to schedule a
workshop with residents, school staff and the Police Department to brainstorm
ideas leading to solution of these issues, but provided no set time frame.
The residents strongly urge members' of both the Chula Vista City Council, and
the Chula Vista Elementary School Board to ~ approve plans for the Sunbow II
Development until this workshop takes place and required reports by the City
Safety Commission Staff have been submitted recommending a satisfactory solution.
.s;. ., 3 -.'
.~. _.- ._._,_._-~.,-----
TO WHOM IT MAY CONCERN,
PLEASE BE ADVISED THE QUANTITY OF SIGNATURES REFLECTED ON THE ATTACHED
PETITION WAS LIMITED BECAUSE OF TIME CONSTRAINTS PLUS THE URGENCY OF THIS ISSUE,
AND NOT DUE TO THE LACK OF SERIOUS CONCERN. THIS LETTER, ALONG WITH A SIMILAR
LETTER PREVIOUSLY SENT BY THE PRINCIPAL OF PARK VIEW ELEMENTARY SCHOOL SHOULD
EXPRESS THE OVERWHELMING SUPPORT OF RESIDENTS, SCHOOL STAFF MEMBERS AND PARENTS
OF SCHOOL CHILDREN ALIKE. WE ALL ANXIOUSLY AWAIT A TIMELY RESPONSE.
RESPECTFULLY,
R.E.BOHN
HOME PH. 421-2899
WORK PH. 556-3416
.
.
,.5(;,-1 -.'
TRAFFIC CONGESTION
IT APPEARS THAT IN THE VERY NEAR FUTURE THE ONLY VACANT PARCELS OF LAND REHAINING
AROUND PARK VIEY ELEMENTARY SCHOOL YILL BE DEVELOPED. CURRENTLY THE DEVELOPERS
PLANS LACK ANY CONCESSION TO PROVIDE ALTERNATE ACCESS ROUTES, NEY SCHOOL BUS
TURN-OUTS, OR ADDITIONAL PARKING FOR SCHOOL STAFF AND PARENTS WICH YOULD GREATLY
RELIEVE THE TRAFFIC CONGESTION WE HAVE EXPERIENCED IN THIS AREA FOR YEARS. IF
THE DEVELOPERS PLANS ARE APPROVED BY THE CITY AND THE SCHOOL DISTRICT WITHOUT THE
NEEDED CHANGES THE TRAFFIC CONGESTION YE EXPERIENCE DAILY YILL BE LOCKED INTO
THIS AREA FOR GOOD. SOME OF YOUR NEIGHBORS, PLUS THE PRINCIPAL OF PARK VIEY
ELEMENTARY SCHOOL ARE WORKING TO PREVE~~ THIS FROM HAPPENING. YE HAVE DRAFTED
LETTERS WICH YILL BE PRESENTED TO THE CITY COUNCIL AND SCHOOL BOARD REQUESTING
THEY DELAY APPROVAL UNTIL A SATISFACTORY SOLUTION FOR THE TRAFFIC ISSUES IN THIS
AREA CAN BE PROVIDED. THEREFORE w"E REQUEST EACH AND EVERY RESIDENT OF VOTING AGE
ACKNOWLEDGE SUI'PORT OF THESE EFFORTS BY SIGNING THIS PETITION. YE CANNOT EXPRESS
THE IMPORTANCE PLUS THE URGENCY OF THIS PETITION.
- RESIDENTS NAME ADDRESS
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-
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date: 2-18-97
I rf71
ITEM TITLE: Resolution Approving the disbursement of $2,500
from the Spay/Neuter Trust Account to the Coalition
for Pet Population Control.
SUBMITTED BY: Chief of 'Ol~~ ~ (4/5ths Vote: Yes X No )
-
REVIEWED BY: Ci ty Manage\Jl4 ~
The Coalition for Pet Population on?rol (CPPC) , San Diego County
Chapter, is coordinating the region's participation in the
"February National Spay Day USA" month, as well as "Prevent A
Litter" Month Campaign (Attachment). During this month all area
Animal Control Agencies and Humane Societies support publicizing of
the spay/neuter month by donating money towards the campaign. A
donation of $2,500 is recommended to be given to CPPC from the
spay/neuter account.
RECOMMENDATION: Adopt the Resolution.
BOARDS/COMMISSION RECOMMENDATION: Not Applicable.
DISCUSSION:
The over-population of pets is an ongoing problem. The program is
predicated on educating the public about the availability and
benefits of spaying/neutering their pets. With this investment, we
hope to reduce the number of animals which must be destroyed each
year.
The purpose of the spay/neuter account is to only fund activities
related to the spaying or neutering of cats and dogs. The funds
proposed for this year will be used toward a spay/neuter program
whereby anyone altering their dog or cat during the month of
February and showing CPPC proof of surgery will be mailed a $20,00
reward from CPPC (they will reward people on a first-come,
first-serve basis until the money is exhausted) . CPPC expects to
have as much as eighteen thousand dollars available for reward
money. CPPC is advertising in the "pennysavern all over Southern
California (from San Ysidro to San Juan Capistrano, nearly 8 million
people) , as well as other outlets.
The City of Chula Vista was mandated to collect a spay/neuter
deposit by the State of California in 1985. California Food and
Agriculture Code #30503 provides for the mandatory deposit of fees
with the public shelter when a dog or cat is adopted. The fee is to
be equal to the lowest fee charged by the veterinarians in the
locale for spay/neuter services. The deposit fee in Chula Vista is
¿ ,,/
$30 at the time of adoption, and is returned to the owner of the cat
or dog when a receipt is produced to confirm that the animal was
spayed or neutered. If the owner does not return with a receipt,
the deposit is forfeited to the City. The forfeited deposit is
placed in the spay/neuter account #400-4000-5410. The forfeited
deposit money can only be used for activities directly relating to
the spaying or neutering of dogs and cats.
The Ci ty of Chula Vista has donated $2,500 to $5,000 of this money
to the coalition, upon request, since 1988. However, no requests
have been made since 1993. San Diego County is donating $5,000, EI
Cajon $2,000 and the San Diego Humane Society $1,000 and $2,500 in
printing costs. The coalition is requesting donations from all the
other cities in the County. Staff is recommending $2,500 be donated
to the Coalition for Pet Population Control. This is an approved
use of Spay/Neuter Funds.
FISCAL IMPACT: Expenditure of $2,500 from the Spay/Neuter account
will have no impact on the General Fund. There are
sufficient funds in this account for the donation.
Attachment: Letter of Request from the Coalition for Pet Population
Control, January 30, 1997.
¿, ',2.
.-.-.------...
RESOLUTION NO. 11"5"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DISBURSEMENT OF
$2,500 FROM THE SPAY/NEUTER TRUST ACCOUNT TO
THE COALITION FOR PET POPULATION CONTROL
WHEREAS, the Coalition for Pet Population Control (CPPC),
San Diego County Chapter is coordinating the region's participation
in the "February National Spay Day USA" month, as well as "Prevent
A Litter" Month Campaign; and
WHEREAS, during February, all area Animal Control
Agencies and Humane Societies support publicizing of the
spay/neuter month by donating money towards the campaign; and
WHEREAS, a donation of $2r500 is recommended to be given
to CPPC from the spay/neuter account for the purpose of funding the
campaign.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approving the disbursement of
$2,500 from the Spay/Neuter Trust Account 400-4000-5410 to the
Coalition for Pet Population Control.
Presented by Approved as to form by
Richard P. Emerson, Chief of orney
Police
C:\rs\spay
~'3
.._..._._.---._---,-~-_.._-~.__..__..- .--
ATTACHMENT
Coalition for
Pet Population Control
San Diego County Chapter
January 30, 1997 c/o San Diego County Department of Animal Control
5480 Gaines Street
San Diego, CA 92110
Chula Vista Police Department
Attn; Captain Dan Wolf
690 Otay Valley Road
Chula Vista, CA 92011
Dear Captain Wolf:
As this year's Chairman ofthe Coalition for Pet Population Control (CPPC), I appreciate the fact that the City of
Chula Vista is considering a contribution to this year's campaign. CPPC is comprised of animal control agencies
and humane societies from throughout San Diego county (including Chula Vista) that have joined forces to make a
special push to educate our communities of the importance of spaying and neutering their pets. Over the years we
have organized numerous and varied campaigns to address the problem of pet overpopulation. Last year, we pooled
our resources to fund a "Feline Fix-a-thon" and spayed and neutered approximately 400 cats--free of charge!
As you may know, the California State Food and Agricultural Code (Fd. & Agr. 30503.c) requires that spaylneuter
deposits be collected for unaltered animals adopted out. These unclaimed deposits can be used only for spaylneuter
activities. The law explains that" ...shelters may enter into cooperative agreements with each other and with
veterinarians in carrying out this section." It is from this deposit fund that we pool our resources for our annual
campaigns.
This year the money will be used toward a spaylneuter reward program whereby anyone altering their dog or cat
during the month of February and showing CPPC proof of surgery will be mailed a $20.00 reward from us (we will
reward people on a first-come, first- serve basis until the money is exhausted). We expect to have as much as
eighteen thousand dollars available for reward money. We are advertising this campaign in the "Pennysaver" all
over southern California (from San Ysidro to San Juan Capistrano, nearly 8 million people), as well as other outlets.
.
Pet owners can use any veterinarian of their choice. I am attaching a flyer for your additional information.
February is also national Spay Day USA month, as well as national Prevent A Litter month. We're excited at the
opportunity to work together toward ending the unnecessary destruction of nearly 30,000 dogs and cats from
shelters across this county.
On behalf ofCPPC, I thank the City ofChula Vista for your recognition of this societal problem and extend our
gratitude for your continued participation. The fmancial contribution you make will be used directly for rewarding
pet owners for spaying and neutering their pets. This will satisfy the State law cited above. If you have any further
questions, please do not hesitate to call me directly at 595-4505.
Sincerely,
~{
HECTOR R. CAZ S. 1997 Chairman
Coalition for Pet P pu ation Control
Attachment ¿..y
Camp Pendleton Animal Control· Chula Vista Animal Control· Coronado Animal Control· EI Cajon Animal Control
Escondido Humane Society· Helen Woodward Animal Center· La Mesa Animal Control
National City Animal Control· North County Humane Society & SPCA
Rancho Coastal Humane Society· San Diago County Department of Animal Control
San Diego Humane Society and S.P.C.A. . Spay/Neuter Action Project (SNAP)
-....---..--.--.-- ^.._._._--_._._._-~-_._--_.
~:E:~ .A.~
Spay or Neuter your cat or dog during February and get
$20
Benefits YouT
(. Prevents Behavior Problems
(. Decreases Aggression Towards Other Animals
.:. Reduces Marking of Territory
.:+ Makes Your Pet Friendlier
.:. Cuts Licensing Fees by More Than Half
.:. Eliminates the Worry, Hassle and Cost of Litters
Benefits Your PetT
.:. Eliminates Sexual Frustration
.:. Reduces Your Pet's Chance of Getting Cancer
.:. Increases Life Expectancy
.:+ Reduces the Incidence of Injury and Disease
.:. Less Likely Your Pet Will be Injured in a Fight
.:. Reduces the Urge to Roam and Being Hit by a Car
Benefits Our CommunityT
.:+ Unneutered Dogs Cause Nearly I 00% of Serious Bites
.:. Nearly 60% of Dog Bite Victims are Children
.:. Lessens the Tax Burden Resulting from Pet Overpopulation
.:. Reduces Animal-Related Public Health and Safety Risks
.:. Cuts Animal-Related Law Enforcement Costs
.:. Frees Scarce Funds for Other Essential Community Services
For Low Fee Spay/Neuter Surgery Information
and Reward Details: 294-PETS
Sponsored by the Coalition for Pet Population Control
¿-f
'._--~----"'---"'-'-'--"'--"""-"-'--- .. ..- -"-..."-'+..'.-..---'~-.---"----.--..---.---.----.-----
COUNCIL AGENDA STATEMENT
ITEM 7
MEETING DATE 2-18-97
1B'~5"1J
ITEM TITLE: Resolution Accepting Donation in the amount
of $125.00, to the Animal Shelter.
SUBMITTED BY: Chief of Micep v\J,
REVIEWED BY: eicy Ma~ge~ \»0' ~ \4/5tbs Vote Yee No XX)
The Animal Shelter received an unsolicited $125.00 donation from
Sharon and Duane Sceper.
RECOMMENDATION: That the City Council accept the donation.
DISCUSSION: On February 1, 1997, the Animal Shelter received
an unsolicited $125.00 cash donation from the Sharon and Duane
Sceper family. The Sceper family had lost their German Shepherd
dog and had offered a reward for its safe return. The dog was
later located with a previous owner. The Sceper family was very
thankful for the "encouragement, support, love and caring" , from
the Shelter staff (Attached letter of appreciation) . '1,'/,.- ~, ' _w(..
Police staff is recommending these funds be designated for
facility improvements and deposited in the Animal shelter Donation
Account. Staff will return to Council at a later date with a
recommendation for expenditure of the funds.
FISCAL IMPACT: The $125.00 donation will be deposited into the
Animal Shelter Donations account # 408-4014.
There is no General Fund impact or re-occurring
cost,
Attachment: Letter from the Sceper Family
?-/
RESOLUTION NO. 19"5'1"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING DONATION IN THE AMOUNT
OF $125.00 TO THE ANIMAL SHELTER
WHEREAS, on February 1, 1997, the Animal Shelter
received an unsolicited $125.00 donation from Sharon and Duane
Sceper¡ and
WHEREAS, Police staff is recommending these funds be
designated for facility improvements and deposited in the Animal
Shelter Donation Account¡ and
WHEREAS, staff will return to Council at a later date
with a recommendation for expenditure of the funds.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby accept the donation in the amount
of $125.00 from Sharon and Duane Sceper to be deposited to the
Animal Shelter Donations Account #408-4014.
Presented by Approved as to form by
k..-t1:
Richard P. Emerson, Chief of C' Attorney
Police
C:\rs\donation.slt
'? ' ,;J..
. _..~---_.._--,-_.__..".._,------_...,- ______u_...___
ATTACHMENT
Sharon and Duane Sceper
2641 Massachusetts Avenue
Lemon Grove, CA 91941
(619) 461-0569
City of Chula vista
Chula vista Animal Shelter
690 Otay Valley Road
Chula Vista, California
Attn: Animal Shelter Officers and Staff
Dear Shelter Staff:
Our German Shepherd Satch disappeared without a trace from our home
on Friday, December 13, 1996. Over the following six weeks, until
he was finally found with his former owner in Arizona, we searched
all the city and County Animal Shelters every day.
Throughout our ordeal, all the Animal Control Officers, staff
members and volunteers at the Chula vista Shelter went out of their
way to be encouraging, supportive and sympathetic, giving us much
needed moral support when our hopes were fading.
In spite of the fact that everyone at the Chula vista Shelter works
with less than adequate facilities and resources, and is under a
lot of community and animal activist pressure to improve the
Shelter conditions, they took the time to provide personal
attention and encouragement to keep up the search for Satch.
We had nearly daily contact with officer Laura Cambron, who patrols
Lemon Grove and who made our search her personal mission, and with
Officer Corinna Culver. They proved to us that the officers and
staff of the Chula vista Animal Shelter are warm, caring folks who
love animals and are doing their best to provide a much needed
service to the public and to all animals.
We had offered a reward for the safe return of Satch. As a small
token of our gratitude, we would like to donate the funds to the
Chula vista Animal Shelter, to be used for the benefit of the many
animals who go through the Shelter each year.
Thank you all for your encouragement, support, love and caring.
very truly yours,
'I.
haron and Duane Sceper
Satch and Gretchen Sceper, German Shepherd
7-3
..._._._-~--~----,----,_.-
FROM
MR. CARLOS FERNANDEZ FEB 18 1997
2547 FAIVRE st
CHULA VISTA
(619 ) 4234327
TO
CHULA VISTA CITY COUNCIL MEMBERS
in regards to
VIOLATION OF SPECIAL USE PERMIT
DUST POLLUTION
NOISE POLLUTION under guidelines of C.E.Q A.
SAFETY speeding trucks
How many more years untill its over no more trucks.
the airport shuts down at 10:00 p.m.
If C.M.I. wants to stay fenton should asphalt the lot
The quality of life on faivre st is at its lowest
please do not renew SUPS 96 06
THE VOICE OF RESIDENTS ON JACQUA & FAIVRE st
0- ,t .
. oJ: lOfyIf'(U r, CCt+,OI. ;
e ; ~i,~ Q --',-. ( it' ð"-7·
q.{ß) "';. .II, (. .:. ., f>'
.__._____.___~_ - ._.... ·····e·_
COUNCIL AGENDA STATEMENT
Item No. t!'
Meeting date: February 18. 1997
ITEM TITLE: Public Hearing: Adopting Otay Ranch Pre-annexation Agreements
with Village Development and Baldwin Builders
Ordinance ~¡, '~doPting the Restated and Amended Pre-
annexation Development Agreement with Otay Ranch L.P., a
California limited partnership, Village Development, a California
general partnership and the City of Chula Vista
Ordinance ,l¡' '" Adopting the Amended and Restated Otay
Pre-annexation Development Agreement with Baldwin Builders and
the City of Chula Vista
SUBMITTED BY: Dop"ty City MIDmg~¿'~
REVIEWED BY: City ManagerJt11 .-z. (4/5ths Vote: Yes _No-.XJ
This item was continued ITom the meeting of January 14, 1997 at the request of the
applicant. The only change in this staff report is in the Fiscal Impact section. On June 25,
1996, the City Council met jointly with the Planning Commission to consider and approve
pre-annaexation development agreements with the major property owners of the Otay
Ranch. When the development agreements were originally approved, it was anticipated that
the Otay Ranch annexation would be finalized by the end of 1996. The development
agreements contained December 31, 1996 expiration dates if the annexation was not
complete by that time. While the reorganization was ordered by the City Council on
December 17, 1996, a Local Agency Formation Commission (LAFCO) annexation
condition was not met and the annexation was not completed by December 31 st. The
agreements have technically expired on their face.
The agreements with Village Development and Baldwin Builders need to be reinstated to
provide the City with the bonding protection covered in the October, 1996 development
agreement amendments. The agreements provided Village Development commitment to the
GDP and SPA One approvals. The revised agreements remove that expiration provision and
make the development agreements effective upon completion of the annexation, if the
annexation occurs before July 1, 1997. State law requires specific expiration dates for
development agreements concerning annexations. If the annexation is extended by LAFCO,
the expiration date is also extended but becomes null and void at the end of the extension.
RECOMMENDATION: That the City Council approve the restated and amended
ordinances for Village Development and Baldwin Builders Development Agreements.
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Page 2, Item
Meeting Date: Februarv 18. 1997
BOARD/COMMISSION RECOMMENDATION:
The Planning Commission reviewed the Agreements at their January 8, 1997 meeting and
voted 4-0-1 (Tuchscher abstained, Ray absent, one seat vacant) to recommend approval of
the amendments.
DISCUSSION:
In July of 1996, LAFCO authorized the City Council to conduct the proceeding to annex
the Otay Ranch Reorganization No. 1 to the City. LAFCO required that, prior to the
completion of the proceedings, the County of San Diego notifY the City that it had received
acceptable landfill nuisance easements for the 1,000-foot buffer around the Otay landfill.
SNMB has had internal difficulty providing the County with acceptable easements but seem
to be making progress toward resolving those difficulties. In anticipation of the County
receiving the easements and the City the notice, staff scheduled the required City Council
public hearing on the reorganization for December 17, 1996.
At the December 17th meeting, the City Council held the hearing, did not receive any
property owner protest and adopted the resolution ordering the reorganization. The Council
ordered the reorganization with a condition that the County notice be received by the City
prior to staff filing the resolution with LAFCO. Once the notice is received, the City will file
the ordering resolution with LAFCO who will record it with the San Diego County
Recorder completing the annexation process.
The previous development agreements expired on December 31 st and need to be reinstated
in order for Village Development to proceed with the Final Maps in SPA One. The City
does not have authority to record Final Maps until the Reorganization proceedings are
completed and the property is annexed to the City. The expiration provisions have been
removed rrom the revised agreements. These agreements are proposed to become effectivé
upon completion of the annexation to the City. A termination date of July 1,1997 is
included, unless the annexation is extended by LAFCO, as a date by which the annexation
shall occur or the development agreements become null and void.
Note: The signatures required on the landfill nuisance easements by Mr. Alex Harper and
the Foundation have now been obtained. The County is in the process of obtaining
subordination agreements regarding the nuisance easement rrom Village Development and
SNMB Ltd. (as they pertain to property lienholders). Once this is completed, the annexation
can be finalized and recorded by LAFCO.
FISCAL IMPACT: The processing of the development agreements is covered under the
existing staffing agreement with Village Development. As of January 27, 1997, Village
Development's account with the City was delinquent by $115,728.52. October's invoice for
$58,504.16 was due on November 11,1996, November's invoice of$24,731.71 was due on
December 24, 1996 and December's invoice of $32,492.65 was due on January 24, 1997.
Otayrnch\finalmap\A113DADOC y, .a..
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Page 3, Item _
Meeting Date: Februa¡y 18. 1997
The addition of December's invoice is the only change to this section of the Agenda
Statement. Village Development has indicated they will fully pay all the outstanding
invoices prior to the February 4, 1997 Council hearing. An oral update will be provided at
the meeting.
Otaymch\finalmap\Al13DADOC ~;:J
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RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT
THIS RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT
("Agreement") is made effective on the date hereinafter set forth
below by and among THE OTAY RANCH, L.P., a California limited
partnership, VILLAGE DEVELOPMENT, a California general partnership
("Developer") and THE CITY OF CHULA VISTA, a municipal corporation,
who agree as follows:
±T RECITALS. This Agreement is made with respect to the
following facts:
1. 0 Previous Aareement. The citv and DeveloDer entered
into a Pre-Annexation DeveloDment Aareement. dated June 25. 1996.
bv Ordinance No. 2679. This Aareement eXDired as of Januarv 1.
1997. because the annexation Droceedina was not comDleted bv that
date. The Darties now wish to reinstate this Aareement.
1. 1 Owner. The owners of the properties subj ect to this
Agreement (hereinafter collectively referred to as "Owner" or as
"Developer") are as follows:
1.1.1 Otay Ranch, L.P. is the owner of approxi-
mately 3,545 acres of undeveloped real property in the
unincorporated area of the County of San Diego ("County"),
described in Exhibits "A" and "F", attached hereto and
incorporated herein by this reference.
1.1.2 Village Development is the owner of
approximately 35 acres of undeveloped real property in the
unincorporated area of the County, described in Exhibits "B"
and "F", attached hereto and incorporated herein by this
reference.
1. 2 ci tv. The city of Chula vista is a municipal
corporation and an incorporated city within the County.
1.3 Code Authorization and Acknowledaments.
1.3.1 City is authorized pursuant to California
Government Code sections 65864 through 65869.5 to enter into
development agreements for the purpose of establishing
certainty for both City and owners of real property in the
development process.
1.3.2 Government Code section 65865 expressly
authorizes a city to enter into a development agreement with
any person having a legal or equitable interest in real
property in unincorporated territory within that city's sphere
of influence for the development of property as provided in
the Development Agreement Law; provided that the agreement
shall not become operative unless annexation proceedings
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annexing the property to the city are completed within the
time specified by the agreement.
1.3.3 City enters into this Agreement pursuant
to the provisions of the California Government Code, its home-
rule powers, and applicable city ordinances, rules, regula-
tions and policies.
1.3.4 city and Owner acknowledge: City and
Owner acknowledge this Agreement will provide:
1.3.4.1 certainty in the planning process so
that the property can be developed efficiently. This
will avoid unnecessary waste of resources and increases
in housing and other development costs. The Agreement
will allow comprehensive planning of a large property so
as to make maximum efficient utilization of resources at
the least economic cost to the public;
1. 3.4.2 To provide and assure to the City the
participation of Developer in the accelerated, coordinat-
ed and more economic construction, funding and dedication
to the public of certain needed public facilities and
benefits, and to provide for anticipated levels of
service to residents and populations of the property, the
city, and adjacent areas;
1.3.4.3 To provide and assure that the city
receive sales tax revenues, increase in the property tax
base, residential housing and other development, sewer,
water and street facilities;
1.3.4.4 To provide and assure that the City
receives public facilities in excess of project generated
impacts and such facilities shall be of supplemental
size, number capacity or length, which shall be provide
earlier than could be provided either by funds from the
City or than would strictly be necessary to mitigate
project related impacts at any development phase;
1.3.4.5 To provide Developer assurances
regarding the entitlements and regulations that will be
applicable to the development of the property consistent
with the Chula vista General Plan and the Otay Ranch
General Development Plan/Subregional Plan;
1.3.4.6 To provide the city the opportunity
to secure immediate annexation of the lands depicted in
Attachment "c" and secure a related tax revenue sharing
agreement with the County of San Diego to assure that
development of the properties will generate sufficient
tax revenues to offset the costs of providing services to
the properties;
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1. 3 . 4 . 7 To enable the City to secure title to
the land with the boundaries of the property necessary to
complete the Chula vista greenbelt system as defined in
the Chula vista General Plan;
1.3 . 4 . 8 To enable the City to advance its
stated goal to identify and secure a site for a potential
four year university;
1. 3.4.9 To assure the City that the Developer
will dedicate right-of-way for SR-125, a route which when
constructed will substantially alleviate congestion on 1-
805 and 1-5, and also will facilitate the economic
development of Chula Vista; and
1.3.4.10 To enable the city to prepare and
adopt a Habitat Conservation Plan consistent with the
requirements of the Natural Communities Conservation Act,
including the phased conveyance of open space land to the
Otay Ranch Preserve.
1.4 The Annexation. On July 1, 1996, the Local Agency
Formation Commission ("LAFCO") approved annexation of Sphere of
Influence Planning Area 1 "The Otay Parcel", Planning Area 2
"Inverted L" and the Mary Patrick Estate Parcel (see Attachment
"C") .
1.5 Schere of Influence. On February 5, 1996 and July
1, 1996 the Local Agency Formation Commission approved the
inclusion of Planning Area 1, "The Otay Parcel", into the city
Sphere of Influence (Sphere of Influence Planning Area 1 "The Otay
Parcel", Planning Area 2 "Inverted L" and the Mary Patrick Estate
Parcel - see Attachment "C").
1.6 Plannina Documents. On October 28, 1993, City and
County adopted the Otay Ranch General Development Plan/Subregional
Plan ("the GDP") which includes the Otay Ranch Village Phasing
Plan, Facility Implementation Plan, Resource Management Plan and
Service Revenue Plan, for approximately 23,000 acres of the Otay
Ranch, including the Otay Valley Parcel and the SNMB, Jewels and
Foundation Properties. The City amended the GDP on June 4, 1996.
1.6.1 SPA One Plan. On June 4, 1996, the Chula
vista City Council approved the Otay Ranch sectional Planning
Area (SPA) One Plan including the Planned Community District
Regulations, Overall Design Plan, Village Design Plan, Public
Facilities Plan, Parks, Recreation, Open Space and Trails
Plan, Regional Facilities Report, Phase 2 Resource Management
Plan, Non-renewable Energy Conservation Plan, Ranch-wide
Affordable Housing Plan, SPA One Affordable Housing Plan, and
Geotechnical Report.
1. 7 Owner Consent. City desires to have the cooperation
and consent of Owner to include the Property in the Annexation in
order to better plan, finance, construct and maintain the infra-
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structure for the Otay Valley Parcel; and the Otay Ranch L.P., a
California limited partnership, and Village Development, a Califor-
nia general partnership desire to give their cooperation and
consent, provided that they obtain certain assurances, as set forth
in this Agreement.
1.8 Citv Ordinance. July 9, 1996 is the date of
adoption by the City Council of Ordinance No. 2679 approving this
Agreement. The ordinance shall take effect and be in full force on
the effective date of Annexation.
2 . Def ini tions. In this Agreement, unless the context
otherwise requires:
2.1 "Annexation" means the proposed annexation of that
portion of the Otay Ranch into the City as depicted on Exhibit "D".
2.2 "City" means the City of Chula Vista, in the County
of San Diego, State of California.
2.3 "County" means the County of San Diego, State of
California.
2.4 "Development Plan" means the GDP.
2.5 "GDP" means the General Development Planl Subregional
Plan for the Otay Ranch, described in Paragraph 1.6, above.
2.6 "Owner" or "Developer" means the person, persons, or
entity having a legal and equitable interest in the Property, or
parts thereof, and includes Owner's successors-in-interest.
2.7 "Project" means the physical development of the
private and public improvements on the Property as provided for in
the Existing Project Approvals and as may be authorized by the city
in Future Discretionary Approvals.
2.8 "Property" means the real property described in
Paragraphs 1.1.1, 1.1.2, and 1.1.3.
2.9 The "Term" of this Agreement means the period
defined in Paragraph 3, below.
2.10 "Builder" means developer to whom Developer has sold
or conveyed property within the Property for purposes of its
improvement for residential, commercial, industrial or other use.
2.11 "CEQA" means the California Environmental Quality
Act, California Public Resources Code section 21000, et seq.
2.12 "City Council" means the City of Chula Vista City
Council.
2.13 "Commit" or "Committed" means all of the following
requirements have been met with respect to any public facility:
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2.13.1 For a public facility within the City's
jurisdictional boundaries and a responsibility of the develop-
er.
2 . 13 . 1. 1 All discretionary permits required of
the Developer have been obtained for construction of the
public facility;
2.13.1.2 Plans for the construction of the
public facility have all the necessary governmental
approvals; and
2.13.1.3 Adequate funds (i.e., letters of
credit, cash deposits, performance bonds or land secured
public financing, including facility benefit assessments,
Mello-Roos assessment districts of similar assessment
mechanism) are available such that the City can construct
the public facility if construction has not commenced
wi thin thirty (30) days of issuance of a notice to
proceed by the Director of Public Works, or construction
is not progressing towards completion in a reasonable
manner as reasonably deemed by the Director of Public
Works.
2.13.2 For a public facility within the City's
jurisdictional boundaries, but to be provided by other than
Developer.
2.13.2.1 Developer's proportionate share of
the cost of such public facility as defined in the
existing Project Approvals and Future Discretionary
Approvals has been provided or assured by Developer
through the payment or impositions of development impact
fee or other similar exaction mechanism.
2.13.3 For public facility not within City's
jurisdictional boundaries:
2.13.3.1 Developer r s proportionate share of
the cost of such public facility as defined in the
existing Project Approvals and Future Discretionary
Approvals has been provided for or otherwise assured by
Developer to the reasonable satisfaction of the Director
of Public Works.
2.14 "Development Impact Fee (DIF)" means fees imposed
upon new development pursuant to the City of Chula vista
Development Impact Fee Program, for example, including but not
limited to the Transportation Development Impact Fee Program, the
Interim SR-125 Development Impact Fee Program, the Salt Creek Sewer
DIF and the Public Facilities DIF.
2.15 "Existing Project Approvals" means all discretionary
approvals affecting the Project which have been approved or
established in conjunction with, or preceding, the effective date
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_____n_...___ _________..._.____ ._._____'..
consisting of, but not limited to the GDP, the Chula vista General
Plan, the Otay Ranch Reserve Fund Program adopted pursuant to
Resolution 18288, the SPA One Plan and the Phase II Resource
Management Plan (RMP) , as may be amended from time to time
consistent with this agreement.
2.16 "Final Map(s)" means any final subdivision map for
all or any portion of the Property other than the Superblock Final
Map ("A" Maps). .
2.17 "Future Discretionary Approvals" means all permits
and approvals by the City granted after the effective date and
excluding existing Project Approvalsr including, but not limited
to: (i) grading permits; (ii) site plan reviews; (iii) design
guidelines and reviews; (iv) precise plan reviews; (v) subdivisions
of the Property or re-subdivisions of the Property previously
subdivided pursuant to the Subdivision Map Act; (vi) conditional
use permits; (vii) variances; (viii) encroachment permits;
(ix) Sectional Planning Area plans; (x) all other reviews, permits,
and approvals of any type which may be required from time to time
to authorize public or private on- or off-site facilities which are
a part of the project.
2.18 "Planning commission" means the Planning commission
of the City of Chula vista.
2.19 "Preserve Conveyance Plan" means a plan that sets
forth policies and identifies land to be transferred and/or fees to
be paid to insure the orderly conveyance of the Otay Ranch land to
the Preserve Owner Manager. The purpose of the plan is to fulfill
the obligations to convey resource sensitive land, per the criteria
contained in the phase I and II Resource Management Plans and to
mitigate environmental impacts of the Otay Ranch Project.
2.20 "Public Facility" or "Public Facilities" means those
public facilities described in the Otay Ranch Facility
Implementation Plan.
2.20.1 "SPA One Plan" means The Otay Ranch
Sectional Planning Area (SPA) One Plan approved by the city of
Chula vista on June 4, 1996, including the Planned Community
District Regulations, Overall Design Plan, Village Design
Plan, Public Facilities Finance Plan, Parks, Recreation, Open
Space and Trails Plan, Regional Facilities Report, Phase 2
Resource Management Plan, Non-renewable Energy Conservation
Plan, Ranch-wide Affordable Housing Plan, SPA One Affordable
Housing Plan, and Geotechnical Report.
2.21 "Subdivision Map Act" means the California
Subdivision Map Act, Government Code section 66410, et seq., and
its amendments as may from time to time be adopted.
2.22 "Substantial Compliance" means that the party
charged with the performance of a covenant herein has sufficiently
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followed the terms of this Agreement so as to carry out the intent
of the parties in entering into this Agreement.
2.23 "Threshold" means the facility thresholds set forth
in the City's Municipal Code section 19.19.040.
3. Term. This AfjreCJBCRt. shall esesme effeet.i-.¡e ae a
àevelepmeßt. aFjJreemeß'E \ipSA: 'ERe effse'ti v& Elate sf 'Efts Mfteuat.ieR
("'Ell£: Effeet.i-.¡c Dat.e") I pre-.¡iàeà, ha·......e...~er, 'that if tae MR&XatisR
Elees Rat. eaeHr eft eE' set era JaR1:lary 1, 1997, t.his LFjJreemeat. shall
se ftQll aftå ~eià. AßY af 'the ferefjeiRFjJ t.e 'ERe eSßt.rary Ret.~it.h
et.aßàiRFjJ, frem the Elat.e at firø'E rcaàiRFjJ af 'Ehe erdiftBRSe appre~iRFjJ
t.his AFjJE'CCmeRt., aRå \iRIsss SF 1:lRt.il t.hia AfjreemeR'E eseames 8:1:111 aaå
~eià, OVRer sftall Be S8URå BY 'ERe t.erma af raralJraph 4. The Term
ef 'thia ^FjJE'CemeRt. fer purpsøsa e~her t.àaß ParaFjJraph 4 shall SCFjJiR
\ipSA: 'ERe Effee~ive Ðat.e, aad shall esat.iß1:le fer a perieà af t.~:eRt.y
(29) years ("t¡ae Term"). This Aareement shall become effective as
a development aareement upon the effective date of the Annexation
(the "Effective Date"): Drovided. however. that if the Annexation
does not occur on or before Julv 1. 1997. this Aareement shall
become null and void unless the annexation proceedinas have been
extended bv LAFCO. If the annexation proceedinas have been
extended. this Aareement shall become effective upon the effective
date of such Annexation: provided. however. if the annexation does
not occur bv the end of such extension(s). this Aareement shall
become null and void. Anv of the foreaoina to the contrary
notwithstandina. from the date of first readina of the ordinance
approvina this Aareement. and unless or until this Aareement
becomes null and void. Owner shall be bound bv the terms of
Paraaraph 4. The Term of this Aareement for purposes other than
Paraaraph 4 shall beain upon the Effective Date. and shall continue
for a period of twentv (20) years ("the Term").
The term shall also be extended for any period of time during which
issuance of building permits to Developer is suspended for any
reason other than the default of Developer, and for a period of
time equal to the period of time during which any action by the
city or court action limits the processing of future discretionary
approvals, issuance of building permits or any other development of
the property consistent with this Agreement.
4. Owner Consent to Annexation. Owner hereby consents to
and shall cooperate with the applications of City to declare that
the land depicted in Exhibit "C" is within city's sphere of
influence and to annex the land depicted in Exhibit "c" to the
city; provided, however, that Owner may withdraw such consent and
withhold further cooperation if the city, prior to the Effective
Date, adopts rules, regulations, ordinances, policies, conditions,
environmental regulations, phasing controls, exactions, entitle-
ments, assessments or fees applicable to and governing development
of the Property which are inconsistent with, or render impractical
development of the Property according to, the Development Plan.
S. Vested Riahts. Notwi thstanding any future action or
inaction of the City during the term of this Agreement, whether
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such action is by ordinance, resolution or policy of the city,
Owner and Developer shall have a vested right, provided however the
developer is not in default of its obligations under this Agree-
ment, and except as may be otherwise provided in this section 5, to
construct the Project in accordance with:
5.1 Existinq proiect Approvals.
5.2 Development of Propertv. The development of the
Property will be governed by this Agreement and Existing Project
Approvals and such development shall comply and be governed by all
rules, regulations, policies, resolutions, ordinances, and
standards in effect as of the Effective Date subject to the
provisions of section 5.2.1 below. The city shall retain its
discretionary authority as to Future Discretionary Approvals,
provided however, such Future Discretionary Approvals sha 11 be
regulated by the Existing Project Approvals, this Agreemellt, and
City rules, regulations, standards, ordinances, resolutions and
policies in effect on the Effective Date of this Agreement and
subject to section 5.2.1.
Notwithstanding the foregoing, the city may make such changes to
the city's Growth Management Ordinance applicable to the Project as
are reasonable and consistent with the purpose and intent of the
existing Growth Management Ordinance and which are generally
applicable to all private projects citywide or east of 1-805 or
within a specific benefit, fee or reimbursement district created
pursuant to the California Government Code.
5.2.1 New or Amended Rules. Recrulations.
Policies. Standards. Ordinances and Resolutions. The City may
apply to the Project, including Future Discretionary Approv-
als, new or amended rules, laws, regulations, policies,
ordinances, resolutions and standards generally applicable to
all private projects east of 1-805 or within a specific
benefit fee or reimbursement district created pursuant to the
California Government Code. The application of such new
rules, or amended laws, regulations, resolutions, policies,
ordinances and standards will not unreasonably prevent or
unreasonably delay development of the Property to the uses,
densities or intensities of development specified herein or as
authorized by the Existing project Approvals. The city may
also apply changes in City laws, regulations, ordinances,
standards or policies specifically mandated by changes in
state or federal law in compliance with section 13.3 herein.
5.2.2 Developer may elect with City's consent,
to have applied to the project any rules, regulations,
policies, ordinances or standards enacted after the date of
this Agreement. Such an election has to be made in a manner
consistent with section 5.2 of this Agreement.
5.2.3 Modifications to Existina ProiectApprov-
also It is contemplated by the parties to this Agreement that
the City and Developer may mutually seek and agree to modifi-
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cations to the Existing Project Approvals. Such modifications
are contemplated as within the scope of this Agreement, and
shall, upon written acceptance by all parties, constitute for
all purposes an Existing Project Approval. The parties agree
that any such modifications may not constitute an amendment to
this Agreement nor require an amendment to the Agreement.
S. 2 . 4 Future Discretionarv Accrovals. It is
contemplated by the parties to this Agreement that the city
and Developer may agree to Future Discretionary Approvals. The
parties agree that any such Future Approvals may not consti-
tute an amendment to this Agreement nor require an amendment
to the Agreement. Developer agrees to reasonably cooperate
with any amendments to Existing and Future Discretionary
Approvals as may be requested by the city from time to time.
5.3 Dedication and Reservation of Land for Public
Purcoses. Except as expressly required by this Agreement or the
Existing Project Approvals and Future Discretionary Approvals
(excepting dedications required within the boundaries of any parcel
created by the subsequent subdivision of the Property as required
by the Subdivision Map Act), no dedication or reservation of real
property within or outside the property shall be required by city
or Developer in conjunction with the Project. Any dedications and
reservations of land imposed shall be in accordance with section
7.2 and section 7.8 herein.
5.4 Time for Construction and Comcletion of Proiect.
Because the California Supreme Court held in Pardee Construction
Comcanv v. citv of Camarillo (1984) 27 Cal.3d 465, that the failure
of the parties to provide for the timing of development resulted in
a later-adopted initiative restricting the timing of development to
prevail over such parties' Agreement, it is the intention of the
parties to this Agreement to cure that deficiency by specifically
acknowledging that timing and phasing of development is completely
and exclusively governed by the Existing Project Approvals,
including the Chula vista Growth Management Ordinance. The purpose
of the Chula vista Growth Management Ordinance is to "control the
timing and location of development by tying the pace of development
to the provision of public facilities and improvements to conform
to the City's threshold standards." (Municipal Code section
19.09.010A.7) The findings in support of the Growth Management
Ordinance conclude that the ordinance "does not affect the number
of houses which may be built." (Municipal Code section
19.09.010B.3) Therefore, the parties acknowledge that the Chula
vista Growth Management Ordinance completely occupies the topic of
development timing and phasing and expressly precludes the adoption
of housing caps, urban reserves or any other means by which the
rate of development may be controlled or regulated. The City
agrees that the Developer shall be entitled to, apply for and
receive all permits necessary for the development of property,
consistent with the Growth Management Ordinance, Existing Project
Approvals, Future Discretionary Approvals and this Agreement.
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5.5 Benefit of vestinq. Nothing in this Agreement will
be construed as limiting or impairing Developer's vested right, if
any, to proceed with the development and use of the Property
pursuant to the Federal and state Constitutions, and pursuant to
statutory and decisional law.
5.6 vestinq of Entitlements. All rights conferred by
this Agreement vest with the Effective Date hereof. The approval
of Future Discretionary approvals shall not be deemed to limit
Developerrs rights authorized by this Agreement, and once such
approvals are obtained they shall be vested to the same extent as
the Existing Project Approvals.
6. DEVELOPMENT PROGRAM.
6.1 processinq of Future Discretionarv Approvals. city
will accept and diligently process development applications and
requests for Future Discretionary Approvals, or other entitlements
with respect to the development and use of the Property, provided
said applications and requests are in accordance with this
Agreement. City costs for processing work related to the Project,
including hiring of additional City personnel and/or the retaining
of professional consultants, will be reimbursed to city by
Developer.
6.2 Lenqth of Validity of Tentative Subdivision Maps.
Government Code section 66452.6 provides that tentative subdivision
map(s) may remain valid for a length up to the term of a Develop-
ment Agreement. The City agrees that tentative subdivision maps
for the Property shall be for a term of six (6) years and may be
extended by the city Council for a period of time not to exceed a
total of twenty (20) years and in no event beyond the term of this
Agreement.
6.3 Pre-Final Map Development. If Developer desires to
do certain work on the Property after approval of a tentative map
(for example, grading) prior to the recordation of a final map, it
may do so by obtaining a grading and/or other required approvals
from the city which are authorized by the City prior to recordation
of a final map. The permit may be approved or denied by the city
in accordance with the city's Municipal Code, regulations and
policies and provided Developer is in compliance with this
Agreement and with the terms of all Existing and Future Discretion-
ary Approvals. In addition, the Developer shall be required to
post a bond or other reasonably adequate security required by City
in an amount determined by the City to assure the rehabilitation of
the land if the applicable final map does not record.
6.4 Final Maps.
6.4.1 "A" Maps and "B" Maps. Developer sha 11
process a master subdivision or parcel map ("A" Map) for each
Village showing "Super Block" lots and backbone street
dedications. "super Block" lots shall be consistent with the
GDP and subsequent sectional Plan Area plans, and shall not
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-~-----_.~---,_.-_.-
subdivide land into individual single-family lots. All "Super
Blocks" created shall have access to dedicated public streets.
The City shall not require improvement plans in order to
record a final map for any "A" Map lots. Following the
approval by city of any final map for an "A" Map lot and its
recordation, Developer may convey the "Super Block" lot. The
buyer of a "Super Block" lot shall then process final improve-
ment plans and grading plans and a final map (liB" Map) for
each "Super Block" lot which the city shall process if such
documents are in compliance with the City's Municipal Code,
standard policies, and the applicable tentative map. The liB"
Maps shall be in substantial conformance with the related
approved "A" Map. In the instance of the multi-family
dwelling unit areas, a separate tentative subdivision map may
be submitted to the city and the "B" Map(s) for these areas
may be submitted to the City after the City Planning
commission approves said tentative subdivision map.
6.4.2 Recordation of Final Subdivision MaD in
Name of Builder or Third Partv. Developer may, if it so
elects, convey to a Builder or third party any "super block"
lot(s) shown on the recorded Superblock Final Map. In such
case, the Builder or third party will (i) process any neces-
sary final improvement and grading plans and a final map for
each such "super block" lot ("B" map), which map City shall
accept and process if such map is in compliance with the
City's Municipal Code, standard policies, the applicable
tentative map, and the provisions of 7.1 of this Agreement if
applicable as subsequent phases in a mUlti-phase project, (ii)
enter into a subdivision improvement agreement with City with
respect to the subdivision improvements which are required for
such super block lot, (iii) provide security and insurance
satisfactory to city for the completion of the subdivision
improvements, and (iv) agree, in such case, with the city's
consent to comply with the obligations set forth in 7.1.
6.4.3 Recordation of Final Subdivision MaD in
DeveloDer'S Name: Transfer of Obliqations Under Subdivision
ImDrovement Aqreement(s). If Developer so elects, it may
defer the conveyance of any super block lot to a Builder or
third party until after the final map of such super block lot
has been recorded. If Developer elects to proceed in this
manner, it will enter into City's standard subdivision
improvement agreement(s) with City for the improvements
required as a condition to the approval of such map(s). Upon
sale to a Builder or third party, if such Builder or third
party assumes Developer's obligations with the city's consent
under the improvement agreement and provides its own security
and insurance for the completion of the subdivision improve-
ments satisfactory to the city and as approved by the City,
Developer shall be released from liability under the subdivi-
sion improvement agreement(s) and Developer's security shall
be released.
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6.4.4 Transfer of Riahts and Obliaations of
Develocment. Whenever Developer conveys a portion of the
Property, the rights and obligations of this Agreement shall
transfer in accordance with section 15 herein.
7. DEVELOPER'S OBLIGATIONS.
7.1 Condition to Develocer's Obliaations to Dedicate. Fund or
Construct Public Facilities. Developer agrees to develop or
provide the public improvements, facilities, dedications, or
reservations of land and satisfy other exactions conditioning the
development of the Property which are set forth hereinbelow. In
addition to any other obligations the Developer may have,
Developer as its sole and separate responsibility, covenants and
agrees to bond and provide or finance the cost of backbone
facilities as identified on the appropriate Tentative Map and
required by any final map (including "B" Maps). This requirement
may be satisfied through the construction or financing of said
facilities or with the City's approval of any of the following:
the establishment of a reimbursement mechanism, a development
impact fee program, an assessment mechanism, or other equitable
facility financing program within the city's discretion. This
requirement shall be deemed satisfied in the event that the
Builder(s) of a "B" Map expressly assume the obligations with the
consent of the City to provide said backbone facilities. For
purposes of Tentative Map No. PCS 96-04, Developer shall provide,
prior to the approval of the first final "B" map, adequate security
as determined by the City Engineer for the construction of those
certain backbone facilities set forth in the conditions of approval
for said tentative map. Developer acknowledges that as to any
future tentative maps, Developer may be required by city to provide
such security at various times during the development process
including prior to the first final "A" map in accordance with
City's ordinances, policies or regulations. For purposes of this
Section, backbone facilities mean those facilities such as water,
sewer, storm drain and public streets necessary to serve demands
generated for the backbone facility beyond that of any single "B"
map, but are not included within a wider area City development
improvement fee program.
The obligations of the Developer, pursuant to this Agreement, are
conditioned upon: (i) the city not being in default of its
obligations under this agreement; and (ii) the city not unreason-
ably preventing or unreasonably delaying the development of the
property; and (iii) if the Agreement has been suspended in response
to changes in state or federal law or due to said obligations being
suspended pursuant to section 13.2, said obligations of Developer
shall be suspended for the same period of time.
7.2 Dedications and Reservations of Land for Publicpurcos-
es. The policies by which property will be required to be
reserved, dedicated or improved for public purposes are identified
in the Existing Project Approvals. A more precise delineation of
the property to be preserved, dedicated or improved for public
purposes shall occur as part of Future Discretionary Approvals,
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___ __ - ___0.._."._________.___·_
,
consistent with development of property as set forth in section 5.2
herein.
7.2.1 Dedication of Land for SR 125. Developer
agrees to dedicate land for right-of-way purposes and property
owned by the Developer that is reasonably necessary for the
SR-125 configuration that is generally depicted in the SR-125
draft Environmental Impact Report/Statement and as revised in
the Final Environmental Impact Report/Statement to respond to
engineering, design, environmental and similar constraints.
The dedications shall be to the city or by an alternate method
acceptable to the city at such time as requested by the city.
city agrees that in the event City shall negotiate with
California Transportation Ventures (CTV) or other toll road
builder any participation or advantages to city that city
shall share such rights with subsequent owner/resident of the
property.
7.2.2 Landfill Nuisance Easements. Developer shall
grant to the County by July 1, 1996 "Landfill Nuisance
Easements" substantially in the form attached as Exhibit E.
The Easement shall cover all land which is within the Otay
Landfill Buffer Area of Villages 2, 3 and Planning Area 18B of
the Otay Ranch GDPP as shown on Exhibit E hereto.
In addition, Developer agrees to enter into subordination
agreements, acceptable to the County, with all lienholders
having an interest in the Property sub;ect to the Landfill
Nuisance Easements to ensure that this easement A~reeme8t has
a priority position over all other liens. The subordination
agreements shall be delivered to the City prior to the second
reading of the Ordinance approving the Agreement. If there is
no second reading of this Agreement, the City shall return
said subordination agreements to the Developer. If the County
Board of Supervisors does not accept or approve said ease-
ments, this Agreement shall be automatically terminated with
neither party bearing any liability hereunder.
7.2.3 Preserve Convevance Plan. The Developer
shall comply with any existing or yet to be adopted Preserve
Conveyance Plan and convey property as set forth in such Plan.
7.3 Growth Manaqement Ordinance. Developer shall commit the
public facilities and city shall issue building permits as provided
in this section and in accordance with Existing Project Approvals
and Future Discretionary Approvals. The City shall have the right
to withhold the issuance of building permits any time after the
City reasonably determines a Threshold has been exceeded, unless
and until the Developer has mitigated the deficiency in accordance
with the City's Growth Management Ordinance.
Developer agrees that building permits may be withheld where the
public facilities described in the Existing Project Approvals/
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Future Discretionary Approvals required for a particular Threshold
have not been committed.
In the event a Threshold is not met and future building permit
issuance may be withheld, the notice provisions and procedures
contained in section 19.09. 100C of the Municipal Code will be
followed. In the event the issuance of building permits is
suspended pursuant to the provisions herein, such suspension shall
not constitute a breach of the terms of this Agreement by Develop-
er. Furthermore, any such suspension which is not caused by the
actions or omissions of the Developer, shall toll the term of this
Agreement as provided for in section 16.12 of this Agreement, and
suspend the Developer's obligations pursuant to this Agreement.
7.3.1 Reauired Condemnation. The City and Developer
recognize that certain portions of the Resource Preserve and
of the public facilities identified in the Existing Project
Approvals/Future Discretionary Approvals and required to
comply with a threshold are located on properties which
neither the Developer nor the city has, or will have, title to
or control of. The City shall identify such property or
properties and at the time of filing of the final map commence
timely negotiations or, where the property is within the
City's jurisdiction, commence timely proceedings pursuant to
Title 7 (commencing with § 1230.010) of Part 3 of the Code of
civil Procedure to acquire an interest in the property or
properties. Developer's share of the cost involved in any
such acquisition shall be based on its proportionate share of
the public facility as defined in the Existing Project
Approvals/Future Discretionary Approvals. Notwithstanding the
foregoing, nothing in this Agreement shall be deemed to
preclude the city from requiring the Developer to pay the cost
of acquiring such off-site land. For that portion of the cost
beyond the Developer's fair share responsibility, the City
shall take all reasonable steps to establish a procedure
whereby the developer is reimbursed for such costs beyond its
fair share.
7.3.2 Information Reaardina Thresholds. Upon
Developerrs written requests of the City Manager, the City
will provide Developer with information regarding the current
status of a Threshold. Developer shall be responsible for any
staff costs incurred in providing said written response.
7.4 ImDrovements Reauired bv a Tentative Subdivi-
sion Map. As may be required pursuant to the terms of a tentative
subdivision map approval, it shall be the responsibility of
Developer to construct the improvements required by the subdivision
map. Where Developer is required to construct a public improvement
which has been identified as the responsibility of another party or
to provide public improvements of supplemental size, capacity,
number or length benefiting property not within the tentative
subdivision map, City shall process for consideration to approve or
deny in its sole discretion a reimbursement agreement to the
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Developer in accordance with the City's Municipal Code and Article
6 of Chapter 4 of the Subdivision Map Act, commencing with
Government Code section 66485, and section 7.5, below. This does
not preclude the Developer or the city from considering alternative
financing mechanisms.
7.5 Facilities Which Are the Ob1iaations of Another
Partv. or Are of Excessive size. CaDacitv. Lenath or Number.
Developer may offer to advance monies and/or construct public
improvements which are the responsibility of another land owner, or
outside the City's jurisdictional boundaries, or which are of
supplemental size, capacity, number or length for the benefit of
land not within the Property. City, where requesting such funding
or construction of oversized public improvements, shall consider
after a public hearing, contemporaneous with the imposition of the
obligation, the formation of a reimbursement district, assessment
district, facility benefit assessment, or reimbursement agreement
or other reimbursement mechanism.
7.6 Pioneerina of Facilities. To the extent Developer
itself constructs (Le., "Pioneers") any public facilities or
public improvements which are covered by a DIF Program, Developer
shall be given a credit against DIFs otherwise payable, subject to
the city's Director of Public Works reasonable determination that
such costs are allowable under the applicable DIF Program. It is
specifically intended that Developer be given DIF credit for the
DIF Program improvements it makes. The fact that such improvements
may be financed by an assessment district or other financing
mechanism, shall not prevent DIF credit from being given to the
extent that such costs are allowed under the applicable DIF Program
7.7 Insurance. Developer shall name city as additional
insured for all insurance policies obtained by Developer for the
Project as pertains to the Developer's activities and operation on
the Project.
7.8 Other Land Owners. Developer hereby agrees to
dedicate adequate rights-of-way within the boundaries of the
Property for other land owners to "pioneer" public facilities on
the property; provided, however, as follows: (i) dedications shall
be restricted to those reasonably necessary for the construction of
facilities identified in the City's adopted public facility plans;
(ii) this provision shall not be binding on the successors-in-
interest or assignees of Developer following recordation of the
final "Super Block" or "A" Map; and (iii) the City shall use its
reasonable best efforts to obtain agreements similar to this
subsection from other developers and to obtain equitable reimburse-
ment for Developer for any excess dedications.
7.9 Construction of East-West Access. Pursuant to
City's requirements, Developer is required to pay Transportation
Development Fees (TDIF) for a variety of purposes including
construction of east-west arterial access through the Property
connecting to I-80S. Alternatively, the Developer may be required
to actually construct all or portions of such access if, at the
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time of need, the TDIF fund does not contain sufficient revenues to
finance the construction of the needed facilities. Such east-west
arterial access from SPA One to 1-805 could occur on either East
Orange Avenue or on East Palomar Street. It is not now possible to
determine with certainty when it will be necessary to actually
construct the arterials in order to comply with the threshold
requirements because the rate and location of future development is
unknown. The total cost and length of the arterial, which might be
constructed by the Developer, are unknown at this time because it
cannot be determined if and when development west of the property
(Sunbow) will construct the Western portion of the arterials. Such
uncertainty makes it difficult to plan and finance the orderly
development of the property and needed on-site and off-site
facilities. To provide greater certainty as to the timing and
construction of east-west arterial access, the city agrees to
reasonably consider in good faith a traffic capacity agreement with
Developer which would reserve traffic capacity for all or part of
SPA One in exchange for Developerrs agreement to pioneer all or
part of planned east-west access to SPA One.
7.10 Assurances of ComDliance. Owner acknowledges that
the City is not required to and will not take any action on any of
Owner's applications for Future Discretionary Approvals under this
Agreement, or any modifications or amendments thereof, until and
unless the City Manager determines that the Owner is not in default
of its obligations under this Agreement including but not limited
to those set forth in section 7.11 and 14.
7.11 ComDlete Construction. Developer/Builder or any
third party agree to diligently complete construction once a
building permit has been issued for Property which is covered by
this Agreement. Should construction stop once the building permits
have been issued by the city, which the city in its sole discretion
determines has created a nuisance or fire or safety hazard, the
Developer agrees to take such steps necessary to cure the nuisance
or hazard. Should Developer fail to do so to the City's satisfac-
tion, the City may take what steps it deems necessary to cure the
nuisance or hazard at Developer's sole cost and expense.
8. DEVELOPMENT IMPACT FEES.
8.1 Existinq DeveloDment ImDact Fee Proqram Payments.
Developer shall pay to the city a DIF, or construct improvements in
lieu of payment, for improvements which are conditions of a
tentative subdivision map upon the issuance of building permits(s),
or at a later time as specified by city ordinance, the Subdivision
Map Act, or Public Facility Financing Plan (PFFP). The DIF will be
in the amount in effect at the time payment is made and may only be
increased pursuant to section 8.6 herein.
8.2 Other UndeveloDed ProDerties. The city will use its
reasonable best efforts to impose and collect, or cause the
imposition and collection of, the same DIF program on all the
undeveloped real properties which benefit from the provision of the
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public facility through the DIF program, or provided as a condition
of Project Approvals.
8.3 Use of DeveloDment ImDact Fee Proaram. The DIF
amounts paid to the City by Developer and others with respect to
the Area of Benefit shall be placed by the city in a capital
facility fund account established pursuant to California Government
Code sections 66000-66009. The City shall expend such funds only
for the Projects described in the adopted fee program as may be
modified from time to time. The City will use its reasonable best
efforts to cause such Projects to be completed as soon as practica-
ble; however, the city shall not be obligated to use its general
funds for such Projects.
8.4 withholdina of Permits. Developer agrees that City
shall have the right to withhold issuance of the building permit
for any structure or improvement on the Property unless and until
the DIF is paid for such structure or improvement.
8.5 DeveloDment ImDact Fee Credit. upon the completion
and acceptance by the city of any public facilitYr the City shall
immediately credit Developer with the appropriate amount of cash
credits (IEDUs") as determined by Developer and City. However, if
the improvements are paid for through an Assessment District, the
city shall credit the Developer with the appropriate number of
Equivalent Dwelling unit Credits (EDU's). Developer shall be
entitled to apply any and all credits accrued pursuant to this
subsection toward the required payment of future DIF for any phase,
stage or increment of development of the Project.
8.6 Modification of DeveloDment ImDact Fees. The
parties recognize that from time to time during the duration of the
Agreement it will be necessary for the city to update and modify
its DIF fees. Such reasonable modifications are contemplated by
the City and the Developer and shall not constitute a modification
to the Agreement so long as: (i) the modification incorporates the
reasonable costs of providing facilities identified in the Existing
or Future Project Approvals; (ii) are based upon methodologies in
substantial compliance with the methodology contained in the
existing DIF programs; or other methodology approved by the city
Council following a public hearing; (iii) complies with the
provisions of Government Code sections 66000-66009.
8.7 Standards for Financina Obliaations of Owner. In
connection with the development of the Property, the following
standards regarding the financing of public improvements shall
apply:
8.7.1 Owner shall participate in the DIF Program
for the Otay Valley Parcel with other owners in proportion to
the total dwelling units or equivalent dwelling units allowed
on the Property as compared with the total of such units
allowed on properties in that particular DIF or by some other
equitable methodology decided by the City Council.
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8.7.2 The City shall diligently pursue the
requirements that the Eastern Territories' DIF requires
offsite third parties and adjacent jurisdictions to bear their
fair share of all Otay River Valley crossings.
9. CITY OBLIGATIONS.
9.1 Urban Infrastructure. To the extent it is within
the authority and ability of the City to provide, city shall
accommodate urban infrastructure to the project, consistent with
Existing Project Approvals. Where it is necessary to utilize City
property to provide urban infrastructure consistent with the
Existing Project Approvals, the city agrees to make such land
available for such uses, provided that the city if it so chooses is
compensated at fair market value for the property. To the extent
that the provision of urban infrastructure is within the authority
of another public or quasi-public agency or utility, the City
agrees to fully cooperate with such agency or agencies to accommo-
date the urban infrastructure, consistent with Existing Project
Approvals. Urban infrastructure shall include, but not be limited
to gas, electricity, telephone, cable and facilities identified in
the Otay Ranch Facility Implementation Plan.
9.2 Sewer Capaci tv. The City agrees to provide adequate
sewer capacity for the project, upon the payment of ordinary and
necessary sewer connection, capacity and/or service fees.
9.3 Nuisance Easement. The ci ty shall reasonably
consider with proper environmental review a request to amend the
Otay Ranch GDP to relocate, wi thin the property, the land uses
affected by the execution of a "nuisance easement" pursuant to the
Otay Ranch Landfill Agreement, (dated May 15, 1996). This GDP
amendment shall be processed prior to or concurrent with the GDP
amendment covering the landfill buffer area required by the
Landfill Agreement. The amendment shall be deemed vested to the
same extent as Existing Project Approvals and shall not require or
constitute an amendment to this Agreement. The Developer agrees to
pay the reasonable City cost for processing the amendments.
10. ANNUAL REVIEW.
10.1 citv and Owner Responsibilities. City will, at
least every twelve (12) months during the Term of this Agreement,
pursuant to California Government Code §65865.l, review the extent
of good faith substantial compliance by Owner with the terms of
this Agreement. Pursuant to California Government Code section
65865.1, as amended, Owner shall have the duty to demonstrate by
substantial evidence its good faith compliance with the terms of
this Agreement at the periodic review. Either city or Owner may
address any requirement of the Agreement during the review.
10.2 Evidence. The parties recognize that this Agreement
and the documents incorporated herein could be deemed to contain
hundreds of requirements and that evidence of each and every
requirement would be a wasteful exercise of the parties' resources.
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Accordingly, Developer shall be deemed to have satisfied its good
faith compliance when it presents evidence of substantial com-
pliance with the major provisions of this Agreement. Generalized
evidence or statements shall be accepted in the absence of any
evidence that such evidence is untrue.
10.3 Review Letter. If Owner is found to be in com-
pliance with this Agreement after the annual review, City shall,
within forty-five (45) days after Ownerrs written request, issue a
review letter in recordable form to Owner ("Letter") stating that
based upon information known or made known to the Council, the City
Planning Commission and/or the City Planning Director, this
Agreement remains in effect and Owner is not in default. Owner may
record the Letter in the Official Records of the county of San
Diego.
10.4 Failure of Periodic Review. Cityrs failure to
review at least annually Owner's compliance with the terms and
conditions of this Agreement shall not constitute, or be asserted
by City or Owner as, a breach of the Agreement.
11. DEFAULT.
11.1 Events of Default. A default under this Agreement
shall be deemed to have occurred upon the happening of one or more
of the following events or conditions:
11.1.1 A warranty, representation or statement
made or furnished by Owner to city is false or proves to have
been false in any material respect when it was made.
11.1.2 A finding and determination by City made
following a periodic review under the procedure provided for
in California Government Code section 65865.1 that upon the
basis of substantial evidence Owner has not complied in good
faith with one or more of the terms or conditions of this
Agreement.
11.1.3 city does not accept, timely review, or
consider requested development permits or entitlements
submitted in accordance with the provisions of this Agreement.
11.1. ( All remedieD at law SF iR e(f1:li ty ~....·ß.ieh arc
eSRsiat.eftt. wit.h t.he prs·:iaisRÐ af t.Ria ^lJreemÐRt. are availaBle
t.e ci t.:i aaà O\.9Rer te !ttirS1.i6 ift 'the CVt:8t. 'there is a breaeft
pre"y·iàeel, hewever I ßeithcr party DRall have 'the :remeely af
mefle'tary elamafjÐs a(jaißat t.he et.aer cxecpt: fer aft a?n9arà af
lit.ilJat.ieR eest.s aßà at.t.erncya feea.
11.2 Procedure Upon Default.
11.2.1 Upon the occurrence of default by the
other party, City or Owner may terminate this Agreement after
providing the other party thirty (30) days written notice
specifying the nature of the alleged default and, when
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appropriate, the manner in which said default may be satis-
factorily cured. After proper notice and expiration of said
thirty (30) day cure period without cure, this Agreement may
be terminated. In the event that City's or Owner's default is
not subject to cure within the thirty (30) day period, city or
Owner shall be deemed not to remain in default in the event
that City or Owner commences to cure within such thirty (30)
day period and diligently prosecutes such cure to completion.
Failure or delay in giving notice of any default shall not
constitute a waiver of any default, nor shall it change the
time of default. Notwithstanding any other provision of this
Agreement, City reserves the right to formulate and propose to
Owner options for curing any defaults under this Agreement for
which a cure is not specified in this Agreement. In the event
of Developer's default under this agreement, the City shall
provide notice of such default as described in this section to
all lenders who have delivered to the City a subordination
agreement pursuant to section 12.5.
11. 2.2 City does not waive any claim of defect in
performance by Owner if, on periodic review, City does not
propose to modify or terminate this Agreement.
11.2.3 Subject to Paragraph 16.12 of this
Agreement, the failure of a third person shall not excuse a
party's nonperformance under this agreement.
11.2.4 All at-her Z'6B\sàiss at law... eE' i8 eEJ1iit.~i
~~ieft are ee8sist.e8t. ~ith the previoien6 af 'thie ^~reemeßt. are
available te Cit.y aRå Otllier t.e pursue in 'the e·;efrt t.here. ie a
Breaeh. All remedies at law or in eauitv which are consistent
with the provisions of this Aareement are available to citv
and Owner to pursue in the event there is a breach provided.
however. nei ther partv shall have the remedv of monetarv
damaaes aaainst the other except for an award of litiaation
costs and attornevs fees.
12. ENCUMBRANCES AND RELEASES ON PROPERTY.
12.1 Discretion to Encumber. This Agreement shall not
prevent or limit Owner in any manner at Owner's sole discretion,
from encumbering the Property, or any portion of the Property, or
any improvement on the Property, by any mortgage, deed of trustr or
other security device securing financing with respect to the
property or its improvement.
12.2 Mortaaaee Riahts and Obliaations. The mortgagee of
a mortgage or beneficiary of a deed of trust encumbering the
Property, or any part thereof, and their successors and assigns
shall, upon written request to City, be entitled to receive from
City written notification of any default by Owner of the
performance of Owner's obligations under the Agreement which has
not been cured within thirty (30) days following the date of
default.
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12.3 Releases. city agrees that upon written request of
Owner and payment of all fees and performance of the requirements
and conditions required of Owner by this Agreement with respect to
the Property, or any portion thereof, City may execute and deliver
to Owner appropriate release(s) of further obligations imposed by
this Agreement in form and substance acceptable to the San Diego
County Recorder and title insurance company, if any, or as may
otherwise be necessary to effect the release. City Manager shall
not unreasonably withhold approval of such release(s). In
addition, at such time as an individual home buyer purchases a home
on a subdivided lot within the Property, the city covenants and
agrees that it shall release said lot from the lien of this
agreement.
12.4 Obliaation to Modifv. City acknowledges that the
lenders providing financing for the Project may require certain
modifications to this Agreement and city agrees, upon request from
time to time, to meet with Owner and/or representatives of such
lenders to negotiate in good faith any such requirement for
modification. City will not unreasonably withhold its consent to
any such requested modification.
12.5 Subordination. Developer agrees to enter into
subordination agreements with all lenders having a lien on the
Property to ensure that the provisions of this Agreement bind such
lienholders should they take title to all or part of the property
through quit claim deed, sale, foreclosure or any other means of
transfer of property. As a condition precedent to obtaining the
benefits that accrue to the Developer or the Property under this
Agreement, this Agreement by and through said subordination
agreements shall be prior and superior to such liens on said
Property. Developer shall deliver to the City the fully executed
subordination agreements for the Property within SPA One, in a form
acceptable to the City Attorney and suitable for recording, prior
to the second reading of the ordinance adopting the Development
Agreement. Developer shall deliver to the city a fully executed
subordination agreement for Property within subsequently approved
SPA plans in a form acceptable to the city attorney on or before
approval of each SPA Plan for said Property. In the event of
Developerrs default under this agreement, the City shall provide
notice of such fault as described in section 11 of this agreement
to all lenders who have delivered to the City a subordination
agreement pursuant to this section.
13. MODIFICATION OR SUSPENSION.
13.1 Modification to Aareement bv Mutual Consent. This
Agreement may be modified, from time to time, by the mutual consent
of the parties only in the same manner as its adoption by an
ordinance as set forth in California Government Code sections
65867, 65867.5 and 65868. The term, "this Agreement" as used in
this Agreement, will include any such modification properly
approved and executed.
-21- y~,~;).
-------"--- - --- --"----"----------,----_._------_. .....--....-
13.2 Unforeseen Health or Safetv Circumstances. If, as
a result of facts, events, or circumstances presently unknown,
unforeseeable, and which could not have been known to the parties
prior to the commencement of this Agreement, City finds that
failure to suspend this Agreement would pose an immediate threat to
the health or safety of the City's residents or the city. The
following shall occur:
13.2.1 Notification of Unforeseen circumstances.
Notify Developer of (i) city's determination; and (ii) the
reasons for City's determination, and all facts upon which
such reasons are based;
13.2.2 Notice of Hearina. Notify Developer in
writing at least fourteen (14) days prior to the date, of the
date, time and place of the hearing and forward to Developer
a minimum of ten (10) days prior to the hearings described in
section 13.2.3, all documents related to such determination
and reasons therefor; and
13.2.3 Hearina. Hold a hearing on the deter-
mination, at which hearing Developer will have the right to
address the city Council. At the conclusion of said hearing,
City may take action to suspend this Agreement as provided
herein. The City may suspend this Agreement if, at the
conclusion of said hearing, based upon the evidence presented
by the parties, the city finds failure to suspend would pose
an immediate threat to the health or safety of the cityrs
residents or the city.
13.3 Chanae in state or Federal Law or Reaulations. If
any state or federal law or regulation enacted during the Term of
this Agreement, or the action or inaction of any other affected
governmental jurisdiction, precludes compliance with one or more
provisions of this Agreement, or requires changes in plans, maps,
or permits approved by City, the parties will act pursuant to
sections 13.3.1 and 13.3.2, below.
13.3.1 Notice: Meetina. The party first becoming
aware of such enactment or action or inaction will provide the
other party(ies) with written notice of such state or federal
law or regulation and provide a copy of such law or regulation
and a statement regarding its conflict with the provisions of
this Agreement. The parties will promptly meet and confer in
a good faith and reasonable attempt to modify or suspend this
Agreement to comply with such federal or state law or regula-
tion.
13.3.2 Hearina. If an agreed upon modification
or suspension would not require an amendment to this Agree-
ment, no hearing shall be held. Otherwise, the matter of such
federal or state law or regulation will be scheduled for
hearing before the city. Fifteen (15) days' written notice of
such hearing shall be provided to Developer, and the City, at
such hearing, will determine and issue findings on the
modification or suspension which is required by such federal
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.._.....~ -~._,.- ... ---~._...._. .,.-.-" --~--
or state law or regulation. Developer, at the hearing, shall
have the right to offer testimony and other evidence. If the
parties fail to agree after said hearing, the matter may be
submitted to mediation pursuant to subsection 13.3.3, below.
Any modification or suspension shall be taken by the affirma-
tive vote of not less than a majority of the authorized voting
members of the city. Any suspension or modification may be
subject to judicial review in conformance with subsection
16.19 of this Agreement.
13.3.3 Mediation of DisDutes. In the event the
dispute between the parties with respect to the provisions of
this paragraph has not been resolved to the satisfaction of
both parties following the city hearing required by subsection
13.3.2, the matter shall be submitted to mediation prior to
the filing of any legal action by any party. The mediation
will be conducted by the San Diego Mediation Center; if San
Diego Mediation Center is unable to conduct the mediation, the
parties shall submit the dispute for mediation to the Judicial
Arbitration and Mediation Service or similar organization and
make a good faith effort to resolve the dispute. The cost of
any such mediation shall be divided equally between the
Developer and city.
13.4 Natural Communities Conservation Act (NCCP). The
parties recognize that Developer and the city are individually
negotiating agreements with the united States Fish and wildlife
Service ("USF&W") and the California Department of Fish and Game
pursuant to the ongoing regional effort to implement the Natural
Communities Conservation Act ("NCCP"), locally proposed to be
implemented through the Multi-Species Conservation Program
("MSCP"). The parties further recognize that implementation of the
agreements may necessitate modification to the Existing Project
Approvals. The City agrees to utilize its best efforts to
implement these agreements, once executed, through the timely
processing of modifications to the Existing Project Approvals as
such modifications apply to Developer's property. The Developer
agrees to pay the reasonable City cost for processing work related
to the modifications. Once such modifications are obtained they
shall be vested to the same extent as Existing Project Approvals.
Such modifications shall be substantially similar to the provisions
contained in Exhibit "F", the May 17, 1996 Administrative draft of
the city of Chula vista SubArea Plan for the Multi-Species
Conservation Program, except for the proposed deletion of the
Maritime Succulent Scrub restoration requirement [Section 3(b) of
the SubArea Plan (page 27)].
14. DISTRICTS. PUBLIC FINANCING MECHANISMS.
This Agreement and the Existing Project Approvals recognize
that assessment districts, community facility districts, or other
public financing mechanisms, may be necessary to finance the cost
of public improvements borne by this proj ect. If Developer,
pursuant to the Existing Project Approvals/Future Discretionary
Approvals, is required by the City to install improvements through
the use of assessment districts, or other public financing
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.--.---...---- .
mechanisms, the city shall initiate and take final action to
approve or deny appropriate proceedings for the formation of such
financing district or funding mechanism, under applicable laws,
ordinances, or policies. Developer may request that the City, but
the city is not obligated to, utilize any other financing methods
which may become available under city laws or ordinances. All
costs associated with the consideration and formation of such
financing districts or funding mechanisms shall be paid by
Developer subject to reimbursement, as may be legally authorized
out of the proceeds of any financing district or funding mechanism.
Developer shall comply with the terms of any assessment districts
or other financing mechanisms so approved by the City for Property
covered by this Agreement and shall make timely payments as
required by said financing mechanism. The city retains its rights
to take any action it deems reasonably appropriate to guarantee
payment.
15. ASSIGNMENT AND DELEGATION.
15.1 Assiqnment. Owner shall have the right to transfer
or assign its interest in the Property, in whole or in part, to any
persons, partnership, joint venture, firm, or corporation at any
time during the Term of this Agreement without the consent of city.
Owner also shall have the right to assign or transfer all or any
portion of its interest or rights under this Agreement to third
parties acquiring an interest or estate in the Property at any time
during the Term of this Agreement without the consent of city.
15.2 Deleqation. In addition, Owner shall have the
right to delegate or transfer its obligations under this Agreement
to third parties acquiring an interest or estate in the Property
provided the owner is in compliance with the terms of this
Agreement and after receiving the prior written consent of the City
Manager, which consent shall not be unreasonably withheld or
delayed or conditioned. Provided, however, the city may deny such
release if the City determines that the performance of such
obligation would be jeopardized by such transfer. Once the city
Manager has consented to a transfer, delivery to and acceptance by
the City Manager of an unqualified written assumption of Owner's
obligations under this Agreement by such transferee shall relieve
Owner of the obligations under this Agreement to the extent the
obligations have been expressly assumed by the transferee and as
approved by the city. Such transferee shall not be entitled to
amend this Agreement without the written consent of the entity
that, as of the Effective Date, is Owner, which consent shall not
be unreasonably withheld, delayed, or conditioned. The entity that
is Owner as of the Effective Date, however, shall be entitled to
amend this Agreement without the written consent of such transfer-
ee.
16. MISCELLANEOUS PROVISIONS.
16.1 Bindinq Effect of Aqreement. Except to the extent
otherwise provided in this Agreement, the burdens of this Agreement
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__ ~m'.~'_____'._~___._."____··'
bind, and the benefits of this Agreement inure, to city's and
Owner's successors-in-interest and shall run with the land.
16.2 Relationshio of citv and Owner. The contractual
relationship between city and Owner arising out of this Agreement
is one of independent contractor and not agency. This Agreement
does not create any third-party beneficiary rights.
16.3 Notices. All notices, demands, and correspondence
required or permitted by this Agreement shall be in writing and
delivered in person, or mailed by first-class or certified mail,
postage prepaid, addressed as follows:
If to city, to: city of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Manager
If to Owner, to: Jim Baldwin
Otay Ranch, L.P.
Newport Center Dr., suite 700
Newport Beach, CA 92660
with a Copy to: Kim John Kilkenny
Otay Ranch, L.P.
11975 El Camino Real, suite 104
San Diego, CA 92130
city or Owner may change its address by giving notice in writing to
the other. Thereafter, notices, demands, and correspondence shall
be addressed and transmitted to the new address. Notice shall be
deemed given upon personal delivery, or, if mailed, two (2)
business days following deposit in the united States mail.
16.4 Rules of Construction. In this Agreement, the use
of the singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory; "may" is permissive.
16.5 Entire Aqreement. Waivers. and Recorded Statement.
This Agreement constitutes the entire understanding and agreement
of city and Owner with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous
agreements between City and Owner respecting this Agreement. All
waivers of the provisions of this Agreement must be in writing and
signed by the appropriate authorities of City and Owner. Upon the
completion of performance of this Agreement, or its revocation or
termination, a statement evidencing completion, revocation, or
termination signed by the appropriate agents of City shall be
recorded in the Official Records of San Diego County, California.
16.6 proiect as a Private Undertakinq. It is
specifically understood by City and Owner that (i) the Project is
a private development; (ii) City has no interest in or
responsibilities for or duty to third parties concerning any
improvements to the Property until City accepts the improvements
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..'"....--.. -.-"',----.--.--"
pursuant to the provisions of the Agreement or in connection with
subdivision map approvals; and (iii) Owner shall have the full
power and exclusive control of the Property subject to the
obligations of Owner set forth in this Agreement.
16.7 IncorDoration of Recitals. The recitals set forth
in Paragraph 1 of this Agreement are part of this Agreement.
16.8 caDtions. The captions of this Agreement are for
convenience and reference only and shall not define, explain,
modify, construe, limit, amplify, or aid in the interpretation,
construction, or meaning of any of the provisions of this
Agreement.
16.9 Consent. Where the consent or approval of city or
Owner is required or necessary under this Agreement, the consent or
approval shall not be unreasonably withheld, delayed, or con-
ditioned.
16.10 Covenant of CooDeration. city and Owner shall
cooperate and deal with each other in good faith, and assist each
other in the performance of the provisions of this Agreement.
16.11 Recordinq. The City Clerk shall cause a copy of
this Agreement to be recorded with the Office of the county
Recorder of San Diego County, California, within ten (10) days
following the Effective Date.
16.12 Delav. Extension of Time for Performance. In
addition to any specific provision of this Agreement, performance
by either City or Owner of its obligations hereunder shall be
excused, and the Term of this Agreement and the Development Plan
extended, during any period of delay caused at any time by reason
of any event beyond the control of city or Owner which prevents or
delays and impacts Cityrs or Owner's ability to perform obligations
under this Agreement, including, but not limited to, acts of God,
enactment of new conflicting federal or state laws or regulations
(example: listing of a species as threatened or endangered),
judicial actions such as the issuance of restraining orders and
injunctions, riots, strikes, or damage to work in process by reason
of fire, floods, earthquake, or other such casualties. If City or
Owner seeks excuse from performance, it shall provide written
notice of such delay to the other within thirty (30) days of the
commencement of such delay. If the delay or default is beyond the
control of City or Owner, and is excused, an extension of time for
such cause will be granted in writing for the period of the
enforced delay, or longer as may be mutually agreed upon.
16.13 Covenant of Good Faith and Fair Dealinqs. No party
shall do anything which shall have the effect of harming or
injuring the right of the other parties to receive the benefits of
this Agreement; each party shall refrain from doing anything which
would render its performance under this Agreement impossible; and
each party shall do everything which this Agreement contemplates
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that such party shall do in order to accomplish the objectives and
purposes of this Agreement.
16.14 Oceratinq Memorandum. The parties acknowledge that
the provisions of this Agreement require a close degree of
cooperation between city and Developer, and that the refinements
and further development of the Project may demonstrate that minor
changes are appropriate with respect to the details of performance
of the parties. The parties, therefore, retain a certain degree of
flexibility with respect to those items covered in general under
this Agreement. When and if the parties mutually find that minor
changes or adjustments are necessary or appropriate, they may
effectuate changes or adjustments through operating memoranda
approved by the parties. For purposes of this section 16.14, the
city Manager, or his designee, shall have the authority to approve
the operating memoranda on behalf of city. No operating memoranda
shall require notice or hearing or constitute an amendment to this
Agreement.
16.15 Time of Essence. Time is of the essence in the
performance of the provisions of this Agreement as to which time is
an element.
16.16 Amendment or Cancellation of Aqreement. This
Agreement may be amended from time to time or canceled by the
mutual consent of City and Owner only in the same manner as its
adoption, by an ordinance as set forth in California Government
Code section 65868, and shall be in a form suitable for recording
in the Official Records of San Diego County, California. The term
"Agreement" shall include any such amendment properly approved and
executed. city and Owner acknowledge that the provisions of this
Agreement require a close degree of cooperation between them, and
that minor or insubstantial changes to the Project and the
Development Plan may be required from time to time to accommodate
design changes, engineering changes, and other refinements.
Accordingly, changes to the Project and the Development Plan that
do not result in a change in use, an increase in density or
intensity of use, cause new or increased environmental impacts, or
violate any applicable health and safety regulations, may be
considered minor or insubstantial by the City Manager and made
without amending this Agreement.
16.17 Estoccel certificate. within 30 calendar days
following a written request by any of the parties, the other
parties to this Agreement shall execute and deliver to the
requesting party a statement certifying that (i) this Agreement is
unmodified and in full force and effect, or if there have been
modifications hereto, that this Agreement is in full force and
effect as modified and stating the date and nature of such
modifications; (ii) there are no known current uncured defaults
under this Agreement, or specifying the dates and nature of any
such default; and (iii) any other reasonable information requested.
The failure to deliver such a statement within such time shall
constitute a conclusive presumption against the party which fails
to deliver such statement that this Agreement is in full force and
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. -~.__..,_.._. ._~.-~_.__..._----~-----~,_. ..._.,...._.._~--_.._- ---..---....,--
effect without modification, except as may be represented by the
requesting party, and that there are no uncured defaults in the
performance of the requesting party, except as may be represented
by the requesting party.
16.18 Severabili tv. If any material provision of this
Agreement is held invalid, this Agreement will be automatically
terminated unless within 15 days after such provision is held invalid
the party holding rights under the invalidated provision affirms the
balance of this Agreement in writing. This provision will not affect
the right of the parties to modify or suspend this Agreement by
mutual consent pursuant to Paragraph 12.4.
16.19 Institution of Leaal Proceedina. In addition to any
other rights or remedies, any party may institute legal action to
cure, correct, or remedy any default, to enforce any covenants or
agreements herein, or to enjoin any threatened or attempted violation
thereof; to recover damages for any default or to obtain any remedies
consistent with the purpose of this Agreement. Such legal actions
must be instituted in the Superior Court of the County of San Diego,
State of California.
16.20 Attornevs' Fees and Costs. If any party commences
litigation or other proceedings (including, without limitation,
arbitration) for the interpretation, reformation, enforcement, or
rescission of this Agreement, the prevailing party, as determined by
the court, will be entitled to its reasonable attorneys' fees and
costs.
16.21 Hold Harmless. Developer agrees to and shall hold
city, its officers, agents, employees and representatives harmless
from liability for damage or claims for damage for personal injury,
including death, and claims for property damage which may arise from
the direct or indirect operations of Developer or those of its
contractors, subcontractors, agents, employees or other persons
acting on Developer's behalf which relate to the project. Developer
agrees to and shall defend City and its officers, agents, employees
and representatives from actions for damage caused or alleged to have
been caused by reason of Developer's activities in connection with
the Project. Developer agrees to indemnify, hold harmless, pay all
costs and provide a defense for city in any legal action filed in a
court of competent jurisdiction by a third party challenging the
validity of this Agreement. The provisions of this section 16.21
shall not apply to the extent such damage, liability or claim is
caused by the intentional or negligent act or omission of city, its
officers, agents, employees or representatives.
,,19'.l.1
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SIGNATURE PAGE TO RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT
AGREEMENT
Dated this _ day of , 1996.
"CITY"
CITY OF CHULA VISTA
By:
Its: Mavor
"OWNER"
THE OTAY RANCH, L.P.
a California limited partnership,
by Sky Communities, Inc.
a California corporation,
its general partner
By: James P. Baldwin, President
VILLAGE DEVELOPMENT
a California general partnership
By: James P. Baldwinr President
I hereby approve the form and legality of the foregoing Restated
and Amended pre-Annexation Development Agreement this day
of , 1997.
John M. Kaheny
By:
Ann Moore
Assistant city Attorney
rA'~¿
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RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT
THIS RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGREEMENT
( "Agreement" ) is made effective on the date hereinafter set forth
below by and among the CITY OF CHULA VISTA ("City") and BALDWIN
BUILDERS, a California Corporation, ("Baldwin"), who agree as
follows:
h RECITALS. This Agreement is made with respect to the
following facts:
.L.Q Previous Aqreement. The City and Baldwin entered
into a Pre-Annexation Development Aqreement. dated October 22.
1996. bY Ordinance No. 2690. This Aqreement expired as of
January 1. 1997. because the annexation proceedinq was not
completed bY that date. The parties now wish to reinstate this
Aqreement.
1.1 Owner. The owners of the properties subject to this
Agreement (hereinafter collectively referred to as "Owner" or as
"Developer" ) are as follows:
1.1.1 Baldwin is the Owner of approximately 1204
acres of undeveloped real property ("the Property" ) in the
incorporated area of the County, described in Exhibits "A" and
"C", attached hereto and incorporated herein by this refer-
ence. Portions of the Property are located in Villages 10,
11, Planning Area 12 and the University site of the Otay Ranch
Property.
1.1.2 The "Property" is part of a larger area
commonly known, and referred to herein, as "the Otay Valley
Parcel of Otay Ranch."
1.1.3 Baldwin Builders is an entity in a Chapter
11 Bankruptcy proceeding in case number ND 95-13057-RR at u.s.
Bankruptcy Court at Santa Barbara where the bankruptcy trustee,
David Gould, obtained a court order approving the employment of
Jimmy D. Johnson, as set forth in Exhibit "D".
1.2 city. The City of Chula vista is a municipal
corporation with Charter City powers incorporated within the
County.
1.3 Code Authorization and Acknowledqrnents.
1. 3.1 city is authorized pursuant to its
Charter, self-rule powers, and California Government Code
sections 65864 through 65869.5 to enter into development
agreements for the purpose of establishing certainty for both
City and owners of real property in the development process.
1. 3.2 city enters into this Agreement pursuant
to the provisions of the California Government Code, its home-
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rule powers, and applicable City ordinances, rules, regula-
tions and policies.
1.3.3 City and Owner intend to enter into this
agreement for the following purposes:
1.3.3.1 To assure adequate public facilities
at the time of development.
1.3.3.2 To assure development in accordance
with City's capital improvement plans.
1.3.3.3 To provide certainty to Owner in the
development approval process by vesting the permitted
use(s), density, intensity of use, and the timing and
phasing of development as described in the Development
Plan, which is defined in Paragraph 2.4 of this Agree-
ment, in exchange for Ownerrs entering into this Agree-
ment and for its commitment not to challenge the Annex-
ation described below.
1.3.3.4 To permit achievement of City growth
management goals and objectives.
1.3.3.5 To allow City to realize significant
economic, recreational, park, open space, social, and
public facilities benefits for the City, some of which
are of regional significance.
1.3.3.6 To provide and assure that the City
receive sales tax revenues, increase in the property tax
base, residential housing and other development, sewer,
water and street facilities.
1.3.3.7 This Agreement will provide and
assure that the City receives public facilities in excess
of project generated impacts and such facilities shall be
of supplemental size, number capacity or length, which
shall be provided earlier than could be provided either
by funds from the City or than would strictly be
necessary to mitigate project related impacts at any
development phase.
1. 3 . 3 . 8 To enable the City to secure title to
the land within the boundaries of the Property necessary
to complete the Chula vista greenbelt system and the Otay
Ranch Open Space Preserve as both are defined in the
Chula vista General Plan.
1.3.3.9 Because of the complexities of the
financing of the infrastructure, park, open space, and
other dedications, and regional and community facilities,
and the significant nature of such facilities, certainty
in the development process is an absolute necessity. The
phasing, timing, and development of public infrastructure
necessitate a significant commitment of resources,
planning, and effort by Owner for the pUblic facilities
financing, construction, and dedication to be success-
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.-".... --_.._~-,-,_.._._-- . .-- .----------------.--"'.'--.----
fully completed. In return for Owner's participation and
commitment to these significant contributions of private
resources for public purposes and for Owner's agreement
not to challenge the Annexation described below, city is
willing to exercise its authority to enter into this
Agreement and to make a commitment of certainty for the
development process for the Property.
1.3.3.10 In consideration of Owner's agreement
to provide the significant benefits and for Ownerrs
agreement not to challenge the Annexation described
below, City hereby grants Owner assurances that it can
proceed with development of the Property in accordance
with City's ordinances, rules, regulationsr and policies
existing as of the effective date of this Agreement
subject to section 5.2.1 below. Owner would not enter
into this Agreement or agree to provide the public
benefits and improvements described in this Agreement if
it were not for the commitment of city that the Property
subject to this Agreement can be developed in accordance
with City's ordinances, rules, regulations, and policies
existing as of the effective date of this Agreement
subject to section 5.2.1 below.
1.4 The Annexation. On July 1, 1996, the Local Agency
Formation commission ("LAFCO") approved annexation of Sphere of
Influence Planning Area 1 "The Otay Parcel", Planning Area' 2
"Inverted L" and the Mary Patrick Estate Parcel (see Attachment
"B") .
1.5 Schere of Influence. On February 5, 1996 and July
1, 1996 the Local Agency Formation commission approved the
inclusion of Planning Area 1, "The otay Parcel", into the City
Sphere of Influence (Sphere of Influence Planning Area 1 "The otay
Parcel", Planning Area 2 "Inverted L" and the Mary Patrick Estate
Parcel - see Attachment "B").
1.6 Planninq Documents. On October 28, 1993, City and
County adopted the otay Ranch General Development Plan/Subregional
Plan ("the GDP") which includes the otay Ranch Village Phasing
Plan, Facility Implementation Plan, Resource Management Plan and
Service Revenue Plan, for approximately 23,000 acres of the otay
Ranch, including the otay Valley Parcel and the Property.
1.7 citv Ordinance. October 22, 1996 is the date of
adoption by the City Council of Ordinance No. 2690 approving this
Agreement.
2 . DEFINITIONS. In this Agreement, unless the context
otherwise requires:
2.1 "Annexation" means the proposed annexation of that
portion of the Otay Ranch which is to be annexed into the city as
depicted on Exhibit "B".
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_- ___.._.___________.._ _..~~.__,_.,.___.~___.__M_________~
2.2 "City" means the City of Chula vista, in the County
of San Diego, State of California.
2.3 "County" means the County of San Diego, state of
California.
2.4 "Development Plan" means the GDP.
2.5 "GDP" means the General Development Plan/ Subregional
Plan for the Otay Ranch, described in Paragraph 1.6, above.
2.6 "Owner" or "Developer" means the person, persons, or
entity having a legal and equitable interest in the Property, or
parts thereof, and includes Owner's successors-in-interest.
2.7 "Project" means the physical development of the
private and public improvements on the Property as provided for in
the Existing Project Approvals and as may be authorized by the City
in Future Discretionary Approvals.
2.8 "Property" means the real property described in
Paragraph 1.1.1.
2.9 The "Term" of this Agreement means the period
defined in Paragraph 3, below.
2.10 "Builder" means developer to whom Developer has sold
or conveyed property within the Property for purposes of its
improvement for residential, commercial, industrial or other use.
2.11 "CEQA" means the California Environmental Quality
Act, California Public Resources Code section 21000, et seq.
2.12 "City council" means the city of Chula vista city
Council.
2.13 "Commit" or "Committed" means all of the following
requirements have been met with respect to any public facility:
2.13.1 For a public facility within the City's
jurisdictional boundaries and a responsibility of the develop-
er.
2.13.1.1 All discretionary permits required of
the Developer have been obtained for construction of the
public facility;
2.13.1.2 Plans for the construction of the
public facility have all the necessary governmental
approvals; and
2.13.1.3 Adequate funds (i.e., letters of
credit, cash deposits, performance bonds or land secured
public financing, including facility benefit assessments,
Mello-Roos assessment districts of similar assessment
-4- 8'0'" $'
-~.,-- ...--------.-...-..------.--.--,-----
mechanism) are available such that the City can construct
the public facility if construction has not commenced
within thirty (30) days of issuance of a notice to
proceed by the Director of Public Works, or construction
is not progressing towards completion in a reasonable
manner as reasonably deemed by the Director of Public
Works.
2.13.2 For a public facility within the City's
jurisdictional boundaries, but to be provided by other than
Developer.
2.13.2.1 Developer's proportionate share of
the cost of such public facility as defined in the
existing Project Approvals and Future Discretionary
Approvals has been provided or assured by Developer
through the payment or impositions of development impact
fee or other similar exaction mechanism.
2.13.3 For pUblic facility not within City's
jurisdictional boundaries:
2.13.3.1 Developer's proportionate share of
the cost of such public facility as defined in the
existing Project Approvals and Future Discretionary
Approvals has been provided for or otherwise assured by
Developer to the reasonable satisfaction of the Director
of Public Works.
2.14 "Development Impact Fee (DIF)" means fees imposed
upon new development pursuant to the City of Chula Vista
Development Impact Fee Program, for example, including but not
limited to the Transportation Development Impact Fee Program, the
Interim SR-125 Development Impact Fee Program, the Salt Creek Sewer
DIF and the Public Facilities DIF.
2.15 "Existing Project Approvals" means all discretionary
approvals affecting the Project which have been approved or
established in conjunction with, or preceding, the effective date
consisting of, but not limited to the GDP, the Chula Vista General
Plan, the otay Ranch Reserve Fund Program adopted pursuant to
Resolution 18288, and the Phase I and Phase II Resource Management
Plan (RMP), as may be amended from time to time consistent with
this agreement.
2.16 "Final Map(s)" means any final subdivision map for
all or any portion of the Property other than the Superblock Final
Map ("A". Maps).
2.17 "Future Discretionary Approvals" means all permits
and approvals by the City granted after the effective date and
excluding existing Project Approvals, including, but not limited
to: (i) grading permits; (H) site plan reviews; (Hi) design
guidelines and reviews; (iv) precise plan reviews; (v) subdivisions
of the Property or re-subdivisions of the Property previously
-5- B"D'¡'
_".__....__._....___._____....__.._"..___ __ __,__._ .M_.~
subdivided pursuant to the Subdivision Map Act; (vi) conditional
use permits; (vii) variances; (viii) encroachment permits;
(ix) Sectional Planning Area plans; (x) Preserve Conveyance Plan
and (xi) all other reviews, permits, and approvals of any type
which may be required from time to time to authorize public or
private on- or off-site facilities which are a part of the Project.
2.18 "Planning Commission" means the Planning Commission
of the City of Chula Vista.
2.19 "Preserve Conveyance Plan" means a plan that will,
when adopted, set forth policies and identify the schedule for
transfer of land and/or fees to be paid to insure the orderly
conveyance of the otay Ranch land to the Preserve Owner Manager.
The purpose of the plan is to fulfill the obligations to convey
resource sensitive land, per the criteria contained in the phase I
and II Resource Management Plans and to mitigate environmental
impacts of the otay Ranch Project.
2.20 "Public Facility" or "Public Facilities" means those
public facilities described in the Otay Ranch Facility
Implementation Plan.
2.21 "Subdivision Map Act" means the California
Subdivision Map Actr Government Code section 66410, et seq., and
its amendments as may from time to time be adopted.
2.22 "Substantial Compliance" means that the party
charged with the performance of a covenant herein has sufficiently
followed the terms of this Agreement so as to carry out the intent
of the parties in entering into this Agreement.
2.23 "Threshold" means the facility thresholds set forth
in the City's Municipal Code section 19.19.040.
3. TERM. 'Phi a 1\§recmÐflt. ahall :Beeema effee'hi·.~e as a
Elc·Jelel3R\eJit. ð§reemeR'E \I~eR 'ERe effeeti ..~f; Elat.e. af 'the ARRcxat.ieß
(t.he "Effeeti-.·e Datcn) I prs-.-iàeà, ae-.Js-.·cr, that if tRe AIU\C1!atisR
àsea Rat. eaeHr eft eE' Baiere JaR~ary 1, 1997, thia Lgreemeß'E shall
be. Bull aBà -:aiEl. ARY af the. fere.§siR§ ta t.he. eeßtrary ßetwith
5~aRàiR§, fram the Elate. af first reaàiR§ af the eràiRaaee ap~re~iߧ
t.Ria AEjreeJB.£.ßt., aRà \iRIses BE' \ifttil t.hia h§reemeftt. sesemes 1\\111 and
~:eià, ~:Rer eRall Be. seuRà BY t.he terms af Paragraph t. The Term
af t.his AEJreemeRt. fer parpeaea et.her t.han Paragrapa ~ shall SeEJiR
apsR t.he Effe.6ti~e Ðat.e, aßà shall eSRtiRae fer a pcriaà af ~Yeßty
(29) yearø (lIt.fie Termll) . This Aareement shall become effective as
a development aareement upon the effective date of the Annexation
(the "Effective Date"): provided. however. that if the Annexation
does not occur on or before Julv 1. 1997. this Aareement shall
become null and void unless the annexation proceedinas have been
extended bv LAFCO. If the annexation proceedinas have been
extended. this Aareement shall become effective upon the effective
date of such Annexation: provided. however. if the annexation does
not occur bv the end of such extension(s). this Aareement shall
become null and void. Anv of the foreaoina to the contrarv
-6- ~ß-')
- _..~.- -~---
notwithstandinq. from the date of first readinq of the ordinance
accrovinq this Aqreement. and unless or until this Aqreement
becomes null and void. Owner shall be bound bv the terms of
Paraqraph 4. The Term of this Aqreement for purDoses other than
Paraqraph 4 shall beqin upon the Effective Date. and shall continue
for a period of twenty (20) years ("the Term").
The term shall also be extended for any period of time during which
issuance of building permits to Developer is suspended for any
reason other than the default of Developer, and for a period of
time equal to the period of time during which any action by the
City or court action limits the processing of future discretionary
approvals, issuance of building permits or any other development of
the property consistent with this Agreement.
4. OWNER AGREEMENT TO ANNEXATION. Owner agrees not to
challenge any action taken by the City to annex the Otay Valley
Parcel into the City.
5. VESTED RIGHTS. Notwi thstanding any future action or
inaction of the City during the term of this Agreement, whether
such action is by ordinance, resolution or policy of the City r
Owner and Developer shall have a vested right, provided however the
developer is not in default of its obligations under this Agree-
ment, and except as may be otherwise provided in this Section 5, to
construct the Project in accordance with:
5.1 Existing Project Approvals, subject to the following
requests for modifications, if approved by the city:
5.1.1 City shall reasonably consider in its
discretion with proper environmental review a request by the
Owner for any modifications to the land use designations in
the General Development Plan for the Property.
5.1.2 City will notice the Owner, as required by
law, of any actions which involve the formation of assessment
districts, development impact fees or other discretionary
actions affecting the Property. In addition, City will use
its reasonable best efforts to contact the Owner regarding any
pending discretionary actions pertaining to the Property as
early as possible in the process and involve the Owner in
appropriate meetings related thereto. Owner acknowledges that
City will not be in breach of this Agreement for failure to
provide notice to Owner other than notice as required by law.
5.1.3 If the interchange improvements at Otay
Valley Road and I-80S are needed to serve the Project, the
City will hold appropriate hearings to consider an amendment
to its Transportation Phasing Plan (TPP) and Development
Impact Fee (DIF) Program to include said improvements as may
be deemed appropriate by the City to accommodate the project
phasing. The City agrees to reasonably cooperate and work
with CALTRANS to complete plans for said interchange improve-
ment.
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-,..._.~-~ -. ----.-...-.-----
5.1.4 City shall initiate contact and diligently
pursue discussions with the County of San Diego and the City
of San Diego to determine the number, scheduling and financing
of the Otay River road and bridge crossings.
5.1. 5 City shall allow the owner for purposes of
processing entitlements to proceed with planning of the
Property on a first come first served basis, with other prop-
erties in the area of the Annexation. In addition, if
requested by the applicant the city shall, with proper
environmental review, consider in its discretion an amendment
to the Village Phasing Plan to facilitate the planning and
development of the properties covered by this Agreement.
5.1.6 To the extent any of the foregoing com-
mitments of City are embodied in changes to the Development
Plan or the rules, regulations, ordinances, resolutions,
pOlicies, conditions, environmental regulations, phasing
controls, exactions, entitlements, assessments, and fees
applicable to and governing development of the Property,
whether adopted before or after the Effective Date, such
changes shall be deemed applicable to the Property without
change to this Agreement.
5.1.7 city shall diligently process any amend-
ments, applications, maps, or other development applications.
5.1.8 City may make such modifications or
amendments to the Existing Project Approvals/Future Discre-
tionary Approvals, as may be ordered by a court of competent
jurisdiction.
5.2 DeveloDment of ProDertv. The development of the
Property will be governed by this Agreement and Existing Project
Approvals and such development shall comply and be governed by all
rules, regulations, policies, resolutions, ordinances, and
standards in effect as of the Effective Date subject to the
provisions of Section 5.2.1 below. The City shall retain its
discretionary authority as to Future Discretionary Approvals,
provided however, such Future Discretionary Approvals shall be
regulated by the Existing Project Approvals, this Agreement, and
City rules, regulations, standards, ordinances, resolutions and
policies in effect on the Effective Date of this Agreement and
subject to Section 5.2.1.
Notwithstanding the foregoing, the City may make such changes to
the City's Growth Management Ordinance applicable to the Project as
are reasonable and consistent with the purpose and intent of the
existing Growth Management Ordinance and which are generally
applicable to all private projects citywide or east of 1-805 or
within a specific benefit, fee or reimbursement district created
pursuant to the California Government Code.
5.2.1 New or Amended Rules. Requlations.
Policies. Standards. Ordinances and Resolutions. The City may
-8- 8'8-9
---~._---._._-_.__.- --_..._._-----~---_._.._-_.
apply to the Project, including Future Discretionary Approv-
als, new or amended rules, laws, regulations, policies,
ordinances, resolutions and standards generally applicable to
all private projects east of 1-805 or within a specific
benefit fee or reimbursement district created pursuant to the
California Government Code. The application of such new
rules, or amended laws, regulations, resolutions, policies,
ordinances and standards will not unreasonably prevent or
unreasonably delay development of the Property to the uses,
densities or intensities of development specified herein or as
authorized by the Existing Project Approvals. The City may
also apply changes in City laws, regulations, ordinances,
standards or policies specifically mandated by changes in
state or federal law in compliance with Section 13.3 herein.
5.2.2 Developer may elect with city's consent,
to have applied to the project any rules, regulations,
policies, ordinances or standards enacted after the date of
this Agreement. Such an election has to be made in a manner
consistent with section 5.2 of this Agreement.
5.2.3 Modifications to Existina Pro;ect
AlJlJrovals. It is contemplated by the parties to this
Agreement that the City and Developer may mutually seek and
agree to modifications to the Existing Project Approvals.
Such modifications are contemplated as within the scope of
this Agreement, and shall, upon written acceptance by all
parties, constitute for all purposes an Existing Project
Approval. The parties agree that any such modifications may
not constitute an amendment to this Agreement nor require an
amendment to the Agreement.
5.2.4 Future Discretionarv AlJlJrovals. It is
contemplated by the parties to this Agreement that the City
and Developer may agree to Future Discretionary Approvals. The
parties agree that any such Future Approvals may not consti-
tute an amendment to this Agreement nor require an amendment
to the Agreement.
5.3 Dedication and Reservation of Land for Public
PurlJoses. Except as expressly required by this Agreement or the
Existing Project Approvals and Future Discretionary Approvals and
excepting dedications required within the boundaries of any parcel
created by the subsequent subdivision of the Property as required
by the subdivision Map Act, no dedication or reservation of real
property within or outside the Property shall be required by City
or Developer in conjunction with the Project. Any dedications and
reservations of land imposed shall be in accordance with section
7.2 and section 7.8 herein.
City acknowledges that Developer will not be required to dedicate
land for the sole purpose of satisfying an obligation of otay
Ranch, L.P. , a California limited partnership, Tiger Development
Two, a California limited partnership, Tigerheart, Inc. , a
California corporation or its general partner, Village Development,
-9- 8'P-'lð
-.---.- --_._---_._._.~.--.._..-._-._.._------_..__.._--
a California general partnership, or their successor(s) interest
but Developer understands that Developer shall be required to
satisfy its obligations as required by Existing and Future
Discretionary Approvals.
5.4 Time for Construction and ComDletion of Proiect.
Because the California Supreme Court held in Pardee Construction
ComDanv v. citv of Camarillo (1984) 27 Cal.3d 465, that the failure
of the parties to provide for the timing of development resulted in
a later-adopted initiative restricting the timing of development to
prevail over such parties' Agreement, it is the intention of the
parties to this Agreement to cure that deficiency by specifically
acknowledging that timing and phasing of development is completely
and exclusively governed by the Existing Project Approvals,
including the Chula vista Growth Management Ordinance. The purpose
of the Chula vista Growth Management Ordinance is to "control the
timing and location of development by tying the pace of development
to the provision of public facilities and improvements to conform
to the City's threshold standards." (Municipal Code section
19.09.010A.7) The findings in support of the Growth Management
Ordinance conclude that the ordinance "does not affect the number
of houses which may be built." (Municipal Code section
19.09.010B.3) Therefore, the parties acknowledge that the Chula
vista Growth Management Ordinance completely occupies the topic of
development timing and phasing and expressly precludes the adoption
of housing caps, urban reserves or any other means by which the
rate of development may be controlled or regulated. The city
agrees that the Developer shall be entitled to, apply for and
receive all permits necessary for the development of property,
consistent with the Growth Management Ordinance, Existing Project
Approvals, Future Discretionary Approvals and this Agreement.
5.5 Benefit of Vestinq. Nothing in this Agreement will
be construed as limiting or impairing Developer's vested right, if
any, to proceed with the development and use of the Property
pursuant to the Federal and State Constitutions, and pursuant to
statutory and decisional law.
5.6 vestinq of Entitlements. All rights conferred by
this Agreement vest with the Effective Date hereof. The approval
of Future Discretionary approvals shall not be deemed to limit
Developer's rights authorized by this Agreement, and once such
approvals are obtained they shall be vested to the same extent as
the Existing Project Approvals Drovided DeveloDer is not in default
of its obliqations under this Aqreement.
6. DEVELOPMENT PROGRAM.
6.1 Processinq of Future Discretionarv ADDrovals. City
will accept and diligently process development applications and
requests for Future Discretionary Approvals, or other entitlements
with respect to the development and use of the Property, provided
said applications and requests are in accordance with this
Agreement. City costs for processing work related to the Project,
including hiring of additional City personnel and/or the retaining
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of professional consultants, will be reimbursed to City by
Developer.
6.2 Lenath of Validitv of Tentative Subdivision Maps.
Government Code Section 66452.6 provides that tentative subdivision
map(s) may remain valid for a length up to the term of a Develop-
ment Agreement. The City agrees that tentative subdivision map(s)
for the property shall be for a term of six (6) years and may be
extended by the City Council for a period of time not to exceed a
total of twenty (20) years and in no event beyond the term of this
Agreement.
6.3 Pre-Final Map Development. If Developer desires to
do certain work on the Property after approval of a tentative map
(for example, grading) prior to the recordation of a final map, it
may do so by obtaining a grading and/or other required approvals
from the City which are authorized by the city prior to recordation
of a final map. The permit may be approved or denied by the City
in accordance with the Cityrs Municipal Code, regulations and
policies and provided Developer is in compliance with this
Agreement and with the terms of all Existing and Future Discretion-
ary Approvals. In addition, the Developer shall be required to
post a bond or other reasonably adequate security required by City
in an amount determined by the City to assure the rehabilitation of
the land if the applicable final map does not record.
6.4 Final Maps.
6.4.1 "A" Maps and "B" Maps. If Developer so
elects, the City shall accept and process a master subdivision
or parcel map ("A" Map) showing "Super Block" lots and
backbone street dedications. "Super Block" lots shall be
consistent with the GDP and subsequent Sectional Plan Area
plans, and shall not subdivide land into individual single-
family lots. All "Super Blocks" created shall have access to
dedicated public streets. The City shall not require improve-
ment plans in order to record a final map for any "A" Map
lots, but the City shall require bonding for the completion of
backbone facilities prior to recording in an amount to be
determined by the City. Following the approval by City of any
final map for an "A" Map lot and its recordation, Developer
may convey the "Super Block" lot. The buyer of a "Super
Block" lot may then process final improvement plans and
grading plans and a final map ("B" Map) for each "Super Block"
lot which the City shall process if such documents are in
compliance with the City's Municipal Code, standard policiesr
and the applicable tentative map. The "B" Maps shall be in
substantial conformance with the related approved "A" Map. In
the instance of the multi-family dwelling unit areas, a
separate tentative subdivision map may be submitted to the
city and the "B" Map(s) for these areas may be submitted to
the City after the City Planning Commission approves said
tentative subdivision map.
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--.-.------"-.-----.-
6.4.2 Recordation of Final Subdivision Mac in
Name of Builder or Third Partv. Developer may, if it so
elects, convey to a Builder or third party any "super block"
lot{s) shown on the recorded Superblock Final Map. In such
case, the Builder or third party will (i) process any neces-
sary final improvement and grading plans and a final map for
each such "super block" lot ("B" map), which map city shall
accept and process if such map is in compliance with the
city's Municipal Code, standard policies, and the applicable
tentative map, as subsequent phases in a multi-phase project,
(ii) enter into a subdivision improvement agreement with City
with respect to the sUbdivision improvements which are
required for such super block lot, and (iii) provide security
and insurance satisfactory to city for the completion of the
subdivision improvements. .
6.4.3 Recordation of Final Subdivision Mac in
DeveloDer's Name: Transfer of Obliqations Under Subdivision
Imcrovement Aqreement(s). If Developer so elects, it may
defer the conveyance of any super block lot to a Builder or
third party until after the final map of such super block lot
has been recorded. If Developer elects to proceed in this
manner, it will enter into City's standard subdivision
improvement agreement{s) with City for the improvements
required as a condition to the approval of such map{s) . Upon
sale to a Builder or third party, if such Builder or third
party assumes Developer's obligations under the improvement
agreement and provides its own security and insurance for the
completion of the subdivision improvements satisfactory to the
City and as approved by the city, Developer shall be released
from liability under the subdivision improvement agreement{s)
and Developer's security shall be released.
6.4.4 Transfer of Riqhts and Obliqations of
Develocment. Whenever Developer conveys a portion of the
Property, the rights and obligations of this Agreement shall
transfer in accordance with section 15 herein.
7. DEVELOPER'S OBLIGATIONS.
7.1 Condition to Develocerrs Obliqations to Dedicate. Fund or
Construct Public Facilities. Developer agrees to develop or
provide the public improvements, facilities, dedications, or
reservations of land and satisfy other exactions conditioning the
development of the Property which are set forth hereinbelow and by
the Existing and Future Discretionary Approvals. The obligations
of the Developer pursuant to this Agreement are conditioned upon:
(i) the City not being in default of its obligations under this
agreement; and (ii) the City not unreasonably preventing or
unreasonably delaying the development of the property, and (iii) if
the Agreement has been suspended in response to changes in state or
federal law or due to the City's obligations being suspended
pursuant to section 13.2, said obligations of Developer shall be
suspended for the same period of time.
-12- ?O-'/j
i
"
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_..,__...._u,..~~.___._ _.,~_.,~
7.2 Dedications and Reservations of Land for Publicpurcoses.
The policies by which property will be required to be reserved,
dedicated or improved for public purposes are identified in the
Existing Project Approvals. A more precise delineation of the
property to be preserved, dedicated or improved for public purposes
shall occur as part of Future Discretionary Approvals consistent
with development of property as set forth in Section 5.2 herein.
7.3 Growth Manaaement Ordinance. Developer shall commit the
pUblic facilities and City shall issue building permits as provided
in this Section and in accordance with Existing Project Approvals
and Future Discretionary Approvals. The city shall have the right
to withhold the issuance of building permits any time after the
City reasonably determines a Threshold has been exceeded, unless
and until the Developer has mitigated the deficiency in accordance
with the city's Growth Management Ordinance.
Developer agrees that building permits may be withheld where the
public facilities described in the Existing Project Approvals/
Future Discretionary Approvals required for a particular Threshold
have not been committed.
In the event a Threshold is not met and future building permit
issuance may be withheld, the notice provisions and procedures
contained in Section 19.09. 100C of the Municipal Code will be
followed. In the event the issuance of building permits is
suspended pursuant to the provisions herein, such suspension shall
not constitute a breach of the terms of this Agreement by Developer
or city. Furthermore, any such suspension which is not caused by
the actions or omissions of the Developer, shall toll the term of
this Agreement as provided for in section 16.12 of this Agreement,
and suspend the Developer's obligations pursuant to this Agreement.
7.3.1 Reauired Condemnation. The City and Developer
recognize that certain portions of the Resource Preserve and
of the public facilities identified in the Existing Project
Approvals/Future Discretionary Approvals are required to
comply with City requirements and are located on properties
which neither the Developer nor the City has, or will have,
title to or control of. With respect to such land for public
facilities, the City shall identify such property or proper-
ties and at the time of filing of the final map commence
timely negotiations or, where the property is wi thin the
City's jurisdiction, commence timely proceedings pursuant to
Title 7 (commencing with § 1230.010) of Part 3 of the Code of
civil Procedure to acquire an interest in the property or
properties. Developer's share of the cost involved in any
such acquisition shall be based on its proportionate share of
the pUblic facility as defined in the Existing Project
Approvals/Future Discretionary Approvals. Notwithstanding the
foregoing, nothing in this Agreement shall be deemed to
preclude the City from requiring the Developer to pay the cost
of acquiring such off-site land. For that portion of the cost
beyond the Developerrs fair share responsibility of the land
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~ ..----- ---..-------- .--~----.-.- ~~---- .--
needed for public facilities, the City shall take all reason-
able steps to establish a procedure whereby the developer is
reimbursed for such costs beyond its fair share.
7.3.2 Information Reaardina Thresholds. Upon
Developerrs written request of the city Manager, the city will
provide Developer with information regarding the current
status of a Threshold. Developer shall be responsible for any
staff costs incurred in providing said written response.
7.4 lmDrovements Reauired bv a Subdivision MaD. As may
be required pursuant to the terms of a tentative subdivision map
approval, it shall be the responsibility of Developer to construct
the improvements required by the subdivision map. Where Developer
is required to construct a public improvement which has been
identified as the responsibility of another party or to provide
public improvements of supplemental size, capaci ty, number or
length benefiting property not within the tentative subdivision
map, City shall process for consideration to approve or deny in its
sole discretion a reimbursement agreement with the Developer in
accordance with the City's Municipal Code and Article 6 of Chapter
4 of the Subdivision Map Act, commencing with Government Code
section 66485, and section 7.5, below. This does not preclude the
Developer or the city from considering alternative financing
mechanisms.
7.5 Facilities Which Are the Obliaations of Another
Partv. or Are of Excessive Size. CaDacitv. Lenath or Number.
Developer may offer to advance monies and/or construct pUblic
improvements which are the responsibility of another land owner, or
outside the Cityrs jurisdictional boundaries, or which are of
supplemental size, capacity, number or length for the benefit of
land not within the Property. City, where requesting such funding
or construction of oversized public improvements, shall consider
after a public hearing, contemporaneous with the imposition of the
obligation, the formation of a reimbursement district, assessment
district, facility benefit assessment, or reimbursement agreement
or other reimbursement mechanism.
7.6 Pioneerina of Facilities. To the extent Developer
itself constructs (Le., "Pioneers") any public facilities or
public improvements which are covered by a DIF Program, Developer
shall be given a credit against DlFs otherwise payable, subject to
the City's Director of Public Works reasonable determination that
such costs are allowable under the applicable DlF Program. It is
specifically intended that Developer be given DIF credit for the
DIF Program improvements it makes. The fact that such improvements
may be financed by an assessment district or other financing
mechanism, shall not prevent DlF credit from being given to the
extent that such costs are allowed under the applicable DlF
Program. Notwithstanding the foregoing, if an assessment district
is used to finance said improvements and the developer has been
paid back its costs, DIF credit shall be given to those property
owners assessed for said improvements.
-14- 8"0" 1.5'
- ~- -- -- ---~_.,-_.- _._._._._.~-~._-~----_.._-_. --
7.7 Insurance. Developer shall name City as additional
insured for all insurance policies obtained by Developer for the
Project as pertains to the Developer's activities and operation on
the Project.
7.8 Other Land Owners. Developer hereby agrees to
dedicate adequate rights-of-way within the boundaries of the
Property for other land owners to "Pioneer" public facilities on
the Property; provided, however, as follows: (i) dedications shall
be restricted to those reasonably necessary for the construction of
facilities identified in the Cityrs adopted public facility plans;
(ii) this provision shall not be binding on the successors-in-
interest or assignees of Developer fOllowing recordation of the
final "Super Block" or "A" Map; and (iii) the City shall use its
reasonable best efforts to obtain agreements similar to this
subsection from other developers and to obtain equitable reimburse-
ment for Developer for any excess dedications.
7.9 Assurance of Compliance. Owner acknowledges that
the city is not required to and will not take any action on any of
Owner's applications for Future Discretionary Approvals under this
Agreement, or any modifications or amendments thereof, until and
unless the City Manager determines that the Owner is not in default
of its obligations under this Agreement including but not limited
to those set forth in section 7.10 and 14.
7.10 Complete Construction. Developer agrees to
diligently complete construction once a building permit has been
issued for Property which is covered by this Agreement. Should
development stop once the building permits have been issued by the
City, which the city in its sole discretion determines has created
a nuisance or fire or safety hazard, the developer agrees to take
such steps necessary to cure the nuisance or hazard. Should
developer fail to do so to the city's satisfaction, the City may
take what steps it deems necessary to cure the nuisance or hazard
at developerrs sole cost and expense.
8. DEVELOPMENT IMPACT FEES.
8.1 Existinq Development Impact Fee Proqram Payments.
Developer shall pay to the city a DIF, or construct improvements in
lieu of payment, for DIF improvements which are conditions of a
tentative subdivision map upon the issuance of building permits (s) ,
or at a later time as specified by City ordinance, the Subdivision
Map Act, or Public Facility Financing Plan (PFFP). The DIF will be
in the amount in effect at the time payment is made and may only be
increased pursuant to Section 8.6 herein.
8.2 Other Undeveloped Properties. The City will use its
reasonable best efforts to impose and collect, or cause the
imposition and collection of, the same DIF program on all the
undeveloped real properties which benefit from the provision of the
public facility through the DIF program, or provided as a condition
of Project Approvals.
-15- 88' /¿,
. . ._--..~-------
8.3 Use of DeveloDment ImDact Fee Proaram. The DIF
amounts paid to the City by Developer and others with respect to
the Area of Benefit shall be placed by the City in a capital
facility fund account established pursuant to California Government
Code sections 66000-66009. The city shall expend such funds only
for the Projects described in the adopted fee program as may be
modified from time to time. The City will use its reasonable best
efforts to cause such Projects to be completed as soon as practica-
ble; however, the city shall not be obligated to use its general
funds for such Projects.
8.4 Withholdina of Permits. Developer agrees that City
shall have the right to withhold issuance of the building permit
for any structure or improvement on the Property unless and until
the DIF is paid for such structure or improvement.
8.5 DeveloDment ImDact Fee Credit. Upon the completion
and acceptance by the City of any public facility, the City shall
immediately credit Developer with the appropriate amount of cash
credits (IEDUs") as determined by Developer and city. However, if
the improvements are paid for through an Assessment District, the
City shall credit the Developer with the appropriate number of
Equivalent Dwelling unit Credits (EDUs). Developer shall be
entitled to apply any and all credits accrued pursuant to this
subsection toward the required payment of future DIF for any phase,
stage or increment of development of the Project.
8.6 Modification of DeveloDment ImDact Fees. The
parties recognize that from time to time during the duration of the
Agreement it will be necessary for the city to update and modify
its DIF fees. Such reasonable modifications are contemplated by
the City and the Developer and shall not constitute a modification
to the Agreement so long as: (i) the modification incorporates the
reasonable costs of providing facilities identified in the Existing
or Future Project Approvals; (ii) are based upon methodologies in
substantial compliance with the methodology contained in the
existing DIF programs; or other methodology approved by the City
Council following a public hearing; (iii) complies with the
provisions of Government Code sections 66000-66009.
8.7 Standards for Financina Obliaations of Owner. In
connection with the development of the Property, the following
standards regarding the financing of pUblic improvements shall
apply:
8.7.1 Owner shall pay its fair share for the
interchanges described in Paragraph 5.1.3, based upon the
number of dwelling units or equivalent dwellings of develop-
ment allowed on the Property as compared to the total dwelling
units or equivalent dwelling units allowed on properties
served by such interchanges.
8.7.2 Owner shall participate in the DIF Program
for the otay Valley Parcel with other owners in proportion to
the total dwelling units or equivalent dwelling units allowed
-16- 8'ß... 1-;
._-,.__._---~_...."'--
on the Property as compared with the total of such units
allowed on properties in that particular DIF or by some other
equitable methodology decided by the City Council.
8.7.3 The ci ty shall diligently pursue the
requirements that the Eastern Territories' DIF requires
offsite third parties and adjacent jurisdictions to bear their
fair share of all otay River Valley crossings.
9. CITY OBLIGATIONS.
9.1 Urban Infrastructure. To the extent it is within
the authority and ability of the City to provide, City shall
accommodate urban infrastructure to the project, consistent with
Existing Project Approvals. Where it is necessary to utilize City
property to provide urban infrastructure consistent with the
Existing Project Approvals, the City agrees to make such land
available for such uses, provided that the City if it so chooses is
compensated at fair market value for the property. To the extent
that the provision of urban infrastructure is within the authority
of another public or quasi-public agency or utility, the City
agrees to fully cooperate with such agency or agencies to accommo-
date the urban infrastructure, consistent with Existing Project
Approvals. Urban infrastructure shall include, but not be limited
to gas, electricity, telephone, cable and facilities identified in
the Otay Ranch Facility Implementation Plan.
9.2 Sewer Capacitv. The City agrees to provide adequate
sewer capacity for the project, upon the payment of ordinary and
necessary sewer connection, capacity and/or service fees.
10. ANNUAL REVIEW.
10.1 citv and Owner Responsibilities. city will, at
least every twelve (12) months during the Term of this Agreement,
pursuant to California Government Code §65865.1, review the extent
of good faith substantial compliance by Owner with the terms of
this Agreement. Pursuant to California Government Code section
65865.1, as amended, Owner shall have the duty to demonstrate by
substantial evidence its good faith compliance with the terms of
this Agreement at the periodic review. Either city or Owner may
address any requirement of the Agreement during the review.
10.2 Evidence. The parties recognize that this Agreement
and the documents incorporated herein could be deemed to contain
hundreds of requirements and that evidence of each and every
requirement would be a wasteful exercise of the parties' resources.
Accordingly, Developer shall be deemed to have satisfied its good
faith compliance when it presents evidence of substantial com-
pliance with the major provisions of this Agreement. Generalized
evidence or statements shall be accepted in the absence of any
evidence that such evidence is untrue.
10.3 Review Letter. If Owner is found to be in com-
pliance with this Agreement after the annual review, City shall,
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__.._..__.______~~.__ ____"_ . _ _,.~_. ____m..u.___._'___. __,_____~_._.
within forty-five (45) days after Owner's written request, issue a
review letter in recordable form to Owner ("Letter") stating that
based upon information known or made known to the Council, the City
Planning Commission and/or the City Planning Director, this
Agreement remains in effect and Owner is not in default. Owner may
record the Letter in the Official Records of the County of San
Diego.
10.4 Failure of Periodic Review. city's failure to
review at least annually Owner's compliance with the terms and
conditions of this Agreement shall not constitute, or be asserted
by City or Owner as, a breach of the Agreement.
11. DEFAULT.
11.1 Events of Default. A default under this Agreement
shall be deemed to have occurred upon the happening of one or more
of the following events or conditions:
11. 1. 1 A warranty, representation or statement
made or furnished by Owner to City is false or proves to have
been false in any material respect when it was made.
11.1.2 A finding and determination by City made
following a periodic review under the procedure provided for
in California Government Code section 65865.1 that upon the
basis of substantial evidence Owner has not complied in good
faith with one or more of the terms or conditions of this
Agreement.
11. 1. 3 City does not accept, timely review, or
consider requested development permits or entitlements
submitted in accordance with the provisions of this Agreement.
11.1..4 All remedies a~ la~· er iR Sf::Iuí'Ey Yhieh are
eeßsi6~cß~ with the previaieRs sf thia ~~ree11\cßt are availaBle 1:e
City aRà eWRsr 1:8 pursue iR the e~eRt there is a sreasa pre.iàeà,
he~....·e':e:r , Reither part} ahall havc ~fte rcmedy af m8Retary damages
alJaiRst. the et.her cxeept fer aft a\."arà af 1itiIJatisH eeat.e aRà
at.terReys fees.
11.2 Procedure UDon Default.
11. 2 . 1 Upon the occurrence of default by the
other party, City or Owner may terminate this Agreement after
providing the other party thirty (30) days written notice
specifying the nature of the alleged default and, when
appropriate, the manner in which said default may be satis-
factorily cured. After proper notice and expiration of said
thirty (30) day cure period without cure, this Agreement may
be terminated. In the event that City's or Owner's default is
not subject to cure within the thirty (30) day period, City or
Owner shall be deemed not to remain in default in the event
that City or Owner commences to cure within such thirty (30)
day period and diligently prosecutes such cure to completion.
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__0'__" _._____.'_ .~ --. "- - ---_.,.._----_._--"._.__.~_._.-
Failure or delay in giving notice of any default shall not
constitute a waiver of any default, nor shall it change the
time of default. Notwithstanding any other provision of this
Agreement, City reserves the right to formulate and propose to
Owner options for curing any defaults under this Agreement for
which a cure is not specified in this Agreement.
11. 2 . 2 ci ty does not waive any claim of defect in
performance by Owner if, on periodic review, city does not
propose to modify or terminate this Agreement.
11.2.3 Subject to Paragraph 16.12 of this
Agreement, the failure of a third person shall not excuse a
party's nonperformance under this agreement.
11.2.4 Remedies Upen ÐefaHlt. 1ft the e~CR~ af a
àefaHlt sy ei~B£r par~y ~e this Aqreemcß~, the par~ie5 shall
ha~e ~he remedies af speeifie perfermanee, mandamus, injHße
tieR anå ethcr eqHitasle remedies. !Jeither par~} shall Ra~e
the remedy efmenetary àama~ea a~aiRet the ether, pre~iàeà,
hs\:ever I t.hat. t.he award af eest.a af Ii t.i~at.ieß aßà. a~t.erßcya'
fece shall Rat eeRs~itHtc àama~e5 Based \ipSA a sreaeh af thia
}·fJreemcftt. \~·h.cre S\::10R aft a·",,·arà is limit.ed te (i) t.h.e seats af
lìt.ìgat.ìeR ißÐHrreà sy t.he Cit.~fl aßà (ii) t.he "feell equivalelrt
af eity'a sest.e fer the servieea att.risHtaslc t.e lit.igatien
and rcprescRtatisR BY the City Atterney, inslaàiRg aa6is~aßta
aaà s'taff. All remedies at law or in eauitv which are consis-
tent with the Drovisions of this Aareement are available to
ci tv and Owner to Dursue in the event there is a breach
Drovided. however. neither Dartv shall have the remedv of
monetarv damaaes aaainst the other exceDt for an award of
litiaation costs and attornevs fees.
12. ENCUMBRANCES AND RELEASES ON PROPERTY.
12.1 Discretion to Encumber. This Agreement shall not
prevent or limit Owner in any manner at Ownerrs sole discretion,
from encumbering the Property, or any portion of the Property, or
any improvement on the Property, by any mortgage, deed of trust, or
other security device securing financing with respect to the
Property or its improvement.
12.2 Mortaaaee Riahts and Obliaations. The mortgagee of
a mortgage or beneficiary of a deed of trust encumbering the
Property, or any part thereof, and their successors and assigns
shall, upon written request to City, be entitled to receive from
City written notification of any default by Owner of the
performance of Owner's obligations under the Agreement which has
not been cured within thirty (30) days following the date of
default.
12.3 Releases. City agrees that upon written request of
Owner and payment of all fees and performance of the require-
ments and conditions required of Owner by this Agreement with
respect to the Property, or any portion thereof, city may
-19- 81i'.J.f)
--"- .._._-~----_._-
execute and deliver to Owner appropriate release(s) of further
obligations imposed by this Agreement in form and substance
acceptable to the San Diego County Recorder and title
insurance company, if any, or as may otherwise be necessary to
effect the release. city Manager shall not unreasonably
withhold approval of such release(s).
12.4 Obliqation to Modifv. City acknowledges that the
lenders providing financing for the proj ect may require certain
modifications to this Agreement and City agrees, upon request from
time to time, to meet with Owner and/or representatives of such
lenders to negotiate in good faith any such requirement for
modification. city will not unreasonably withhold its consent to
any such requested modification.
13. MODIFICATION OR SUSPENSION.
13.1 Modification to Aqreement bv Mutual Consent. This
Agreement may be modified, from time to time, by the mutual consent
of the parties only in the same manner as its adoption by an
ordinance as set forth in California Government Code sections
65867, 65867.5 and 65868. The term, "this Agreement" as used in
this Agreement, will include any such modification properly
approved and executed.
13.2 Unforeseen Health or Safety Circumstances. If, as
a result of facts, events, or circumstances presently unknown,
unforeseeabler and which could not have been known to the parties
prior to the commencement of this Agreement, City finds that
failure to suspend this Agreement would have an impact on the
immediate health or safety of the city's residents or the City.
The following shall occur:
13.2.1 Notification of Unforeseen Circumstances.
Notify Developer of (i) City's determination; and (ii) the
reasons for City's determination, and all facts upon which
such reasons are based;
13.2.2 Notice of Hearinq. Notify Developer in
writing at least fourteen (14) days prior to the date, of the
date, time and place of the hearing and forward to Developer
a minimum of ten (10) days prior to the hearings described in
Section 13.2.3, all documents related to such determination
and reasons therefor; and
13.2.3 Hearinq. Hold a hearing on the deter-
mination, at which hearing Developer will have the right to
address the City Council. At the conclusion of said hearing,
ci ty may take action to suspend this Agreement as provided
herein. The City may suspend this Agreement if, at the
conclusion of said hearing, based upon the evidence presented
by the parties, the City finds failure to suspend would have
an impact on the immediate health or safety of the Cityrs
residents or the City.
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__n ____._,____.__.0_.._" ...---
13.3 Chanae in state or Federal Law or Reaulations. If
any state or federal law or regulation enacted during the Term of
this Agreement, or the action or inaction of any other affected
governmental jurisdiction, precludes compliance with one or more
provisions of this Agreement, or requires changes in plans, maps,
or permits approved by City, the parties will act pursuant to
Sections 13.3.1 and 13.3.2, below.
13.3.1 Notice: Meetina. The party first becoming
aware of such enactment or action or inaction will provide the
other party(ies) with written notice of such state or federal
law or regulation and provide a copy of such law or regulation
and a statement regarding its conflict with the provisions of
this Agreement. The parties will promptly meet and confer in
a good faith and reasonable attempt to modify or suspend this
Agreement to comply with such federal or state law or regula-
tion.
13.3.2 Hearina. If an agreed upon modification
or suspension would not require an amendment to this Agree-
ment, no hearing shall be held. otherwise, the matter of such
federal or state law or regulation will be scheduled for
hearing before the city. Fifteen (15) days' written notice of
such hearing shall be provided to Developer, and the City, at
such hearing, will determine and issue findings on the
modification or suspension which is required by such federal
or state law or regulation. Developer, at the hearing, shall
have the right to offer testimony and other evidence. If the
parties fail to agree after said hearing, the matter may be
submitted to mediation pursuant to subsection 13.3.3, below.
Any modification or suspension shall be taken by the affirma-
tive vote of not less than a majority of the authorized voting
members of the City. Any suspension or modification may be
subject to judicial review in conformance with subsection
16.19 of this Agreement.
13.3.3 Mediation of Disputes. In the event the
dispute between the parties with respect to the provisions of
this paragraph has not been resolved to the satisfaction of
both parties following the City hearing required by subsection
13.3.2, the matter shall be submitted to mediation prior to
the filing of any legal action by any party. The mediation
will be conducted by the San Diego Mediation Center; if San
Diego Mediation Center is unable to conduct the mediation, the
parties shall submit the dispute for mediation to the Judicial
Arbitration and Mediation Service or similar organization and
make a good faith effort to resolve the dispute. The cost of
any such mediation shall be divided equally between the
Developer and City.
13.4 Natural Communities Conservation Act (NCCP). The
parties recognize that Developer and the city are individually
negotiating agreements with the united States Fish and Wildlife
Service ("USF&W") and the California Department of Fish and Game
pursuant to the ongoing regional effort to implement the Natural
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_"____...~~_._._._ ___..0--
Communities Conservation Act ("NCCP"), locally proposed to be
implemented through the MUlti-Species Conservation Program
("MSCP"). The parties further recognize that implementation of the
agreements may necessitate modification to the Existing Project
Approvals. The parties agree to utilize their best efforts to
implement these agreements, once executed, through the timely
processing of modifications to the Existing Project Approvals as
they relate to the Property. The Developer agrees to pay the
reasonable City cost for processing work related to the modifica-
tions. Once such modifications are obtained they shall be vested
to the same extent as Existing Project Approvals.
14. DISTRICTS. PUBLIC FINANCING MECHANISMS.
This Agreement and the Existing Project Approvals recognize
that assessment districts, community facility districts, or other
public financing mechanisms, may be necessary to finance the cost
of pUblic improvements borne by this proj ect. If Developer r
pursuant to the Existing Project Approvals/Future Discretionary
Approvals, is required by the city to install improvements through
the use of assessment districts, or other public financing
mechanisms, the city shall initiate and take final action to
approve or deny appropriate proceedings for the formation of such
financing district or funding mechanism, under applicable laws,
ordinances, or pOlicies. Developer may request that the City, but
the City is not obligated to, utilize any other financing methods
which may become available under city laws or ordinances. All
costs associated with the consideration and formation of such
financing districts or funding mechanisms shall be paid by
Developer subject to reimbursement, as may be legally authorized
out of the proceeds of any financing district or funding mechanism.
Developer shall comply with the terms of any assessment districts
or other financing mechanisms so approved by the city for Property
covered by this Agreement and shall make timely payments as
required by said financing mechanism. The City retains its rights
to take any actions legally authorized as it deems appropriate to
guarantee payment.
15. ASSIGNMENT AND DELEGATION.
15.1 Assianment. Owner shall have the right to transfer
or assign its interést in the Property, in whole or in part,
to any persons, partnership, joint venture, firm, or corpora-
tion at any time during the Term of this Agreement without the
consent of City. Owner also shall have the right to assign or
transfer all or any portion of its interest or rights under
this Agreement to third parties acquiring an interest or
estate in the Property at any time during the Term of this
Agreement without the consent of city.
15.2 Deleaation/Release. In addition, Owner shall have
the right to delegate or transfer its obligations under this
Agreement to third parties acquiring an interest or estate in
the Property after receiving the prior written consent of the
City Manager, which consent shall not be unreasonably withheld
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"--.- .-...-.------.---"
or delayed or conditioned. provided, however, the City may
deny such delegation and release if the City determines that
the performance of such obligation would be jeopardized by
such transfer. Once the City Manager has consented to a
transfer, delivery to and acceptance by the City Manager of an
unqualified written assumption of Owner's obligations under
this Agreement by such transferee shall relieve Owner of the
obligations under this Agreement to the extent the obligations
have been expressly assumed by the transferee and as approved
by the City. Such transferee shall not be entitled to amend
this Agreement without the written consent of the entity that,
as of the Effective Date, is Owner, which consent shall not be
unreasonably withheld, delayed, or conditioned. The entity
that is Owner as of the Effective Date, however, shall be
entitled to amend this Agreement without the written consent
of such transferee.
16. MISCELLANEOUS PROVISIONS.
16.1 Bindina Effect of Aareement. Except to the extent
otherwise provided in this Agreement, the burdens of this Agreement
bind, and the benefits of this Agreement inure, to City's and
Owner's successors-in-interest and shall run with the land.
16.2 Relationship of city and Owner. The contractual
relationship between City and Owner arising out of this Agreement
is one of independent contractor and not agency. This Agreement
does not create any third-party beneficiary rights.
16.3 Notices. All notices, demands, and correspondence
required or permitted by this Agreement shall be in writing and
delivered in person, or mailed by first-class or certified mail,
postage prepaid, addressed as follows:
If to City, to: City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Manager
If to Owner, to: Attention: Mr. Jim Johnson
Baldwin Builders
16811 Hale Avenue
Irviner CA 92606
City or Owner may change its address by giving notice in writing to
the other. Thereafter, notices, demands, and correspondence shall
be addressed and transmitted to the new address. Notice shall be
deemed given upon personal delivery, or, if mailed, two (2)
business days following deposit in the United States mail.
16.4 Rules of Construction. In this Agreement, the use
of the singular includes the plural; the masculine gender includes
the feminine; "shall" is mandatory; "may" is permissive.
-23- rp- .2(
~._-_._--_._,.~.._-
16.5 Entire Aareement. Waivers. and Recorded statement.
This Agreement constitutes the entire understanding and agreement
of City and Owner with respect to the matters set forth in this
Agreement. This Agreement supersedes all negotiations or previous
agreements between City and Owner respecting this Agreement. All
waivers of the provisions of this Agreement must be in writing and
signed by the appropriate authorities of City and Owner. Upon the
completion of performance of this Agreement, or its revocation or
termination, a statement evidencing completion, revocation, or
termination signed by the appropriate agents of City shall be
recorded in the Official Records of San Diego County, California.
16.6 Pro;ect as a Private Undertakina. It is
specifically understood by City and Owner that (i) the Project is
a private development; (ii) City has no interest in or
responsibilities for or duty to third parties concerning any
improvements to the Property until City accepts the improvements
pursuant to the provisions of the Agreement or in connection with
subdivision map approvals; and (iii) Owner shall have the full
power and exclusive control of the Property subject to the
obligations of Owner set forth in this Agreement.
16.7 IncorDoration of Recitals. The recitals set forth
in Paragraph 1 of this Agreement are part of this Agreement.
16.8 caDtions. The captions of this Agreement are for
convenience and reference only and shall not define, explain,
modify, construe, limit, amplify, or aid in the interpretation,
construction, or meaning of any of the provisions of this
Agreement.
16.9 Consent. Where the consent or approval of City or
Owner is required or necessary under this Agreement, the consent or
approval shall not be unreasonably withheld, delayed, or con-
ditioned.
16.10 Covenant of CooDeration. ci ty and Owner shall
cooperate and deal with each other in good faith, and assist each
other in the performance of the provisions of this Agreement.
16.11 Recordina. The City Clerk shall cause a copy of
this Agreement to be recorded with the Office of the County
Recorder of San Diego County, California, wi thin ten (10) days
following the Effective Date.
16.12 Delav. Extension of Time for Performance. In
addition to any specific provision of this Agreement, performance
by either city or Owner of its obligations hereunder shall be
excused, and the Term of this Agreement and the Development Plan
extended, during any period of delay caused at any time by reason
of any event beyond the control of city or Owner which prevents or
delays and impacts city's or Owner's ability to perform obligations
under this Agreement, including, but not limited to, acts of God,
enactment of new conflicting federal or state laws or regulations
(example: listing of a species as threatened or endangered),
-24- ?lr'~Þ
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_ _ m____ ..____.__
jUdicial actions such as the issuance of restraining orders and
injunctions, riots, strikes, or damage to work in process by reason
of fire, floods, earthquake, or other such casualties. If City or
Owner seeks excuse from performance, it shall provide written
notice of such delay to the other within thirty (30) days of the
commencement of such delay. If the delay or default is beyond the
control of City or Owner, and is excused, an extension of time for
such cause will be granted in writing for the period of the
enforced delay, or longer as may be mutually agreed upon.
16.13 Covenant of Good Faith and Fair Dealinas. No party
shall do anything which shall have the effect of harming or
injuring the right of the other parties to receive the benefits of
this Agreement; each party shall refrain from doing anything which
would render its performance under this Agreement impossible; and
each party shall do everything which this Agreement contemplates
that such party shall do in order to accomplish the objectives and
purposes of this Agreement.
16.14 ODeratina Memorandum. The parties acknowledge that
the provisions of this Agreement require a close degree of
cooperation between City and Developer, and that the refinements
and further development of the Project may demonstrate that minor
changes are appropriate with respect to the details of performance
of the parties. The parties, therefore, retain a certain degree of
flexibility with respect to those items covered in general under
this Agreement. When and if the parties mutually find that minor
changes or adjustments are necessary or appropriate, they may
effectuate changes or adjustments through operating memoranda
approved by the parties. For purposes of this Section 16.14, the
City Manager, or his designee, shall have the authority to approve
the operating memoranda on behalf of City. No operating memoranda
shall require notice or hearing or constitute an amendment to this
Agreement.
16.15 Time of Essence. Time is of the essence in the
performance of the provisions of this Agreement as to which time is
an element.
16.16 Amendment or Cancellation of Aareement. This
Agreement may be amended from time to time or canceled by the
mutual consent of City and Owner only in the same manner as its
adoption, by an ordinance as set forth in California Government
Code section 65868, and shall be in a form suitable for recording
in the Official Records of San Diego County, California. The term
"Agreement" shall include any such amendment properly approved and
executed. City and Owner acknowledge that the provisions of this
Agreement require a close degree of cooperation between them, and
that minor or insubstantial changes to the Project and the
Development Plan may be required from time to time to accommodate
design changes, engineering changes, and other refinements.
Accordingly, changes to the Project and the Development Plan that
do not result in a change in use, an increase in density or
intensity of use, cause new or increased environmental impacts, or
violate any applicable health and safety regulations, may be
-25- 8'ß "'.1 /,
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considered minor or insubstantial by the City Manager and made
without amending this Agreement.
16.17 EstoDDel Certificate. within 30 calendar days
following a written request by any of the parties, the other
parties to this Agreement sha 11 execute and deliver to the
requesting party a statement certifying that (i) this Agreement is
unmodified and in full force and effect, or if there have been
modifications hereto, that this Agreement is in full force and
effect as modified and stating the date and nature of such
modifications; (ii) there are no known current uncured defaults
under this Agreement, or specifying the dates and nature of any
such default; and (iii) any other reasonable information requested.
The failure to deliver such a statement within such time shall
constitute a conclusive presumption against the party which fails
to deliver such statement that this Agreement is in full force and
effect without modification, except as may be represented by the
requesting party, and that there are no uncured defaults in the
performance of the requesting party, except as may be represented
by the requesting party.
16.18 Severabilitv. If any material provision of this
Agreement is held invalid, this Agreement will be automatically
terminated with neither party bearing any liability hereunder.
Notwithstanding the foregoing, within 15 days after such provision is
held invalid if the party holding rights under the invalidated
provision affirms the balance of this Agreement in writing, this
Agreement shall not be terminated. This provision will not affect
the right of the parties to modify or suspend this Agreement by
mutual consent pursuant to Paragraph 12.4.
16.19 Institution of Leqal Proceedinq. In addition to any
other rights or remedies, any party may institute legal action to
cure, correct, or remedy any default, to enforce any covenants or
agreements herein, or to enjoin any threatened or attempted violation
thereof; to recover damages for any default as allowed by this
Agreement or to obtain any remedies consistent with the purpose of
this Agreement. Such legal actions must be instituted in the
Superior Court of the county of San Diego, State of California.
16.20 Attornevs' Fees and Costs. If any party commences
litigation or other proceedings (including, without limitation,
arbitration) for the interpretation, reformation, enforcement, or
rescission of this Agreement, the prevailing party, as determined by
the court, will be entitled to its reasonable attorneysr fees and
costs.
16.21 Hold Harmless. Developer agrees to and shall hold
city, its officers, agents, employees and representatives harmless
from liability for damage or claims for damage for personal injury,
including death, and claims for property damage which may arise from
the direct or indirect operations of Developer or those of its
contractors, subcontractors, agents, employees or other persons
acting on Developer's behalf which relate to the Project. Developer
agrees to and shall defend city and its officers, agents, employees
-26- 8'0"':1.7
~.....- . -"-.---..----- '._--- -- ---_._-,~-'"---
and representatives from actions for damage caused or alleged to have
been caused by reason of Developer's activities in connection with
the Project. Developer agrees to indemnify, hold harmless, pay all
costs and provide a defense for City in any legal action filed in a
court of competent jurisdiction by a third party challenging the
validity of this Agreement. The provisions of this Section 16.21
shall not apply to the extent such damage, liability or claim is
caused by the intentional or negligent act or omission of City, its
officers, agents, employees or representatives.
17. AUTHORITY.
The city has entered into this Agreement based upon Baldwin's
representation that it has the authority to enter into this Agree-
ment.
8'ß-ø18'
-27- i
.~ ...-.-.---.-..-...---...- ---- -----------.- ---~- --.-.--.
SIGNATURE PAGE TO RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT
AGREEMENT.
Dated this _ day of , 1997.
"CITY"
CITY OF CHULA VISTA
By:
SHIRLEY HORTON, MAYOR
"OWNER"
BALDWIN BUILDERS, a CA corporation
By:
I hereby approve the form and legality of the foregoing Restated
and Amended Pre-Annexation Development Agreement this day of
, 1997.
John M. Kaheny, City Attorney
By:
Ann Moore
Assistant City Attorney
-28- 8'ß' :J.r
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COUNCIL AGENDA STATEMENT Item L
Meeting Date 2/18/97
ITEM TITLE: PUBLIC HEARING: Consideration of the following
applications filed by Rancho Del Rey Investors, L.P, for 28.8
acres located on the south side of East "J" Street between Paseo
Ranchero and Vaquero Court within the Rancho Del Rey SPA
III Planned Community:
a. PCM-97-01: Amendments to Rancho Del Rey SPA III
Sectional Planning Area (SPA) plan and associated
documents to allow a 52 dwelling unit density transfer
from Parcel R-7c to Parcel R-6 and change the density
range and permitted number of dwelling units of both
parcels accordingly.
b. PCS-97-01: Tentative Subdivision Map known as
Rancho Del Rey SPA III Chula Vista Tract 97-01 for
25.8 acres located on the south side of East "J" Street
between Paseo Ranchero and Vaquero Ct. within the
Rancho Del Rey SPA III Planned Community.
c. DRC-97-01: Appeal of the Design Review Committee's
decision to deny the site plan and architecture of a 246
dwelling unit condominium complex at the Tentative
Subdivision Map site.
8. Resolution If"" f7~proving amendments to the Rancho Del
Rey SPA III Sectional Planning Area (SPA) Plan, General
Development Plan, Air Quality Improvement Plan and Water
Conservation Plan to allow a 52 unit density transfer from
Parcel R-7c to Parcel R-6; approving Tentative Subdivision
Map known as Rancho Del Rey SPA III, Chula Vista Tract 97-
01; and approving an appeal of the Design Review Committee's
decision to deny the site plan and architecture for the proposed
development at the tentative subdivision map site.
A. Ordinance .l¿, 1~pproving amendments to the Rancho del
Rey SPA III Planned Community District Regulations.
SUBMITIED BY:
REVIEWED BY: City Manager.J4 ~. -? (4/5ths Vote: Yes_No...K.)
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Page 2, Item _
Meeting Date 2/18/97
On February 4, 1997 the City Council considered applications filed by Rancho Del Rey
Investors, L.P. requesting amendments to the Rancho Del Rey SPA III Sectional Planning
Area (SPA) plan and associated documents and approval of a Tentative Subdivision Map
known as Rancho Del Rey SPA III Parcel R-6 Chula Vista Tract 97-01 (PCS-97-01) for 25.8
acres located on the south side of East "J" Street between Paseo Ranchero and Vaquero Ct.
within the Rancho Del Rey Planned Community (see Exhibits B1, B2 and B3), Along with
the SPA amendment and Tentative Subdivision Map applications, the City Council
considered an associated appeal from the Design Review Committee's decision to deny the
site plan and architectural proposal for a 246 unit residential condominium complex to be
located at the Tentative Subdivision Map site (see Locator).
The City Council, after hearing staff's and applicant's presentations, endorsed the project
with a reduction of six units ( two buildings) which represents a reduction in the density
transfer from 58 to 52 dwelling units. The Council continued the project to the February
18, 1997 meeting to allow the applicant time to resolve the issues raised at the meeting
regarding the internal pedestrian circulation system and access points to the westerly
adjacent public park. The applicant has revised the SPA amendments and modified the site
plan to reflect the approved density transfer and address the issues raised by the City
Council at the meeting.
The Environmental Review Coordinator has determined that no new or supplemental EIR
is necessary and has prepared an addendum to FEIR-89-1O, Rancho Del Rey SPA III,
which must be considered and certified by the City Council prior to a decision on the
project (see Attachment 5).
RECOMMENDATION:
Adopt attached Resolution and Ordinance approving the Tentative Subdivision Map Chula
Vista Tract 97-01 (PCS-97-01), SPA amendments (PCM-97-01), Planned Community District
Regulations and Design Review Appeal (DRC-97-01),
BOAI,IDS/COMMISSIONS RECOMMENDATION:
On November 18, 1996, the Design Review Committee considered the proposed project
and, after hearing staff's and applicant's presentations, endorsed the project architecture,
but concurred with staff's concerns regarding the site design deficiencies. The Committee
offered to continue the project to allow the applicant time to address the committee's
concerns (which most likely would have resulted in a reduction of dwelling units allowed to
be transferred to the site). The applicant indicated that the project economics required them
to develop the site with 246 dwelling units and requested a final decision from the
Co=ittee. Based on the applicant's request, the Committee voted 4-0 (Pat Kelly
abstaining) to deny the project (see Attachment 7),
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Page 3, Item _
Meeting Date 2/18/97
On December 11, 1996 the Planning Commission considered applications requesting
approval of amendments to the Rancho Del Rey SPA III Sectional Planning Area (SPA)
plan, a tentative subdivision map, Chula Vista Tract 97-01 and an appeal of the Design
Review Committee's decision to deny the site plan and architecture of the proposed project.
The Planning Commission voted 2-2 with Commissioners Ray absent and Davis abstaining,
which represents no decision by the Planning Commission, The applicant could have
requested a rehearing but opted to appeal the decision to the City Council,
The Planning Commission discussed two major issues. The project site design deficiencies
as they relate to the recently adopted City Design Manual and the Rancho Del Rey
Residential Design Guidelines, and the need and demand of this type of entry level housing
in the Rancho Del Rey area.
With regard to public input, on October 30, 1996, the Planning Department sponsored a
public forum at the Rancho Del Rey Information Center, The forum was attended by a
limited number of residents whom expressed concerns about shifting density to the site near
their homes. However, after the project architecture and overall site design was presented,
the residents in attendance indicated their general satisfaction with the overall development
proposal. The Planning Department has also received correspondence from other area
residents opposing the proposed development (see Attachment 6).
DISCUSSION:
Backl!round:
1. Existing Site Characteristics
The project site is located at the east end of the Rancho Del Rey SPA III planned
community and involves parcels R-6 and OS-7. Parcel R-6 is irregular in shape and
contains a total of 18.2 acres. Parcel OS-7 is a 10.6 acre open space lot located
immediately adjacent to the south of Parcel R-6 (see Locator),
The site terrain slopes from north to south approximately 100 ft. to the south edge
of the open space parcel which abuts Otay Lakes Road. On this terrain three
building pads separated by 2:1 slopes and an elevation difference of approximately
20 to 27 ft. were created as part of the Rancho Del Rey SPA III mass grading
program (see Exhibits B-1, B-2 & B-3).
The site is limited to the south by Telegraph Canyon Road, to the west by a vacant
parcel (future community park), to the north by single family residential development
across East "J" Street and to the east by a condominium residential complex located
approximately 20 to 30 it above the subject site (see Locator).
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Page 4, Item _
Meeting Date 2/18/97
2. SPA Land Use designations and land use.
cv Muni Code RDR SPA III Existing
Zoning Land U Be Land Use
Designation
Site PC. Planned Community SF A, Single Faro Attached Vacant
OS, Open Space Open Space
North PC, Planned Community BFa, Single Faro Cottages Single Family Dwellings
West PC, Planned Community P, Park Vacant
East PC, Planned Community N/A Multifamily Residential
South N/A N/A Tel Canyon Road
3, Proposed Development/ Design Review Proposal
The revised development proposal consists of 80 triplex structures containing
a total of 240 condominium units. The eighty (80) structures are arranged in
large residential clusters linked together by a loop road and a single access point
along East "J" Street. An emergency access has also been provided at the south
end of the parcel. The residential units are served by private streets and a
combination of open and enclosed parking strategically arranged to serve
tenants. On site amenities include an outdoor recreation area of approximately
5,500 sq. ft. and three 1,000 sq, ft. areas throughout the project for other
outdoor activities. Individual private patios/balconies have also been provided
for each individual unit.
4, Sectional Planning Area (SPA) Plan Amendment
The adopted Rancho del Rey SPA III plan identifies the subject area for an
allowed density of 12.0 du/acre, or 228 dwelling units. The SPA amendment
application requests approval of a density transfer from Parcel R-7c to Parcel
R-6 and reduction in the overall SPA number of permitted dwelling units (see
Exhibit A).
More specifically, the proposed SPA amendments request the following:
. Reduce parcel R-7c permitted number of dwelling units from 220 to 120
(-100 du's) reducing the density from 12,6 to 6,9 du's/ac (-45% reduction),
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Page 5, Item _
Meeting Date 2/18/97
. Increase parcel R-6 permitted number of dwelling units from 228 to 280
(+52 du's) increasing the density from 12,0 to 15.3 dujacre (+25%
increase),
. Reduce the overall SPA permitted number of dwelling units from 1,312
to 1,264 (-48 du's) reducing the overall density from 6.4 to 6.2 dujac (3%
reduction).
The amended section of the Rancho Del Rey SPA III are included in this report
for your consideration (see Attachment 7)
The Rancho Del Rey Specific Plan allows the transfer of densities within any
SPA without amending the Specific Plan provided the transfer of units does not
exceed the total number of units authorized for the SPA and provided the
transfer result in a substantial improvement of the spatial arrangement and
functional relationship of the involved site plan.
5. Tentative Subdivision Map
As indicated above, Parcel R-6 contains a three acre lot designated to
accommodate an affordable housing project known as Cordoba, not part of this
project, and 15.2 acres for the proposed residential development. The tentative
map also includes an open space parcel located immediately adjacent to the
south identified in the SPA plan as Parcel OS-7 (see Exhibit C).
The tentative subdivision map, which consists of three Residential lots
containing a total of 240 condominium units an open space lot, is solely for the
purpose of subdividing the property for sale. The individual dwelling units will
be sold as air space condominiums with the underlying land held in common by
a homeowners association.
The SPA amendment, Tentative Subdivision Map and Design Review appeal
conditions of approval have been revised to resolve the issues raised by the
applicant at the meeting, The revised set of conditions, which are listed in the
Draft City Council Resolution (see attachment 1), are acceptable to the
applicant.
Analvsis of Revised Plan:
The applicant has revised the proposed development plan (six units less than
the previous plan) adding pedestrian walks along most of the private streets and
providing additional area for landscaping along the loop road (see Exhibit D).
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Page 6, Item _
Meeting Date 2/18/97
In staffs opinion, the revised plan addresses the concerns expressed by City
Council regarding the internal pedestrian circulation system,
The Parks and Recreation Department, in coordination with the Police
Department, believe there will be a safety and nuisance problem with gates
connecting the proposed development to the Voyager Park. In a memorandum
dated February 11, 1997 attached hereto as Exhibit E, the Director of Parks and
Recreation explains in more detail the Police and Parks and Recreation
Department concerns about connecting points along the east edge of the future
park, Based on these concerns, the Director of Parks and Recreation has
recommended that a single access point to the park, as shown in the Tentative
Map, be approved,
Conclusion:
Based on the revised tentative subdivision map/site plan, it has been concluded
that the proposed project addresses council's concerns and is therefore
consistent with the Rancho Del Rey Specific Plan and Sectional Planning Area
(SPA) Plan, Thus, pursuant to the criteria to allow density transfers prescribed
in the Rancho Del Rey Specific Plan and Section 66474 of the California
Subdivision Map Act, staff recommends approval of the Tentative Subdivision
Map, SPA amendment and Design Review appeal in accordance with the
attached City Council Resolutions and Ordinance,
Fiscal ImDact:
The applicant has paid for all costs associated with the processing of the SPA
amendment, Tentative Subdivision Map and Design Review Appeal,
Attachments
1. City Council Resolution
2. ~ Exhibits:
3. " Planning Commission Minutes and Resolution
4. ~ DRC Minutes and Resolution
5.~ FEIR-87-01 Addendum
6. " Public Input
7.'" Sectional Planning Area (SPA) Plan Amended Sections
8..... Disclosure Statement
f
(M,IHOMEIPLANNINGILUlS/PCM.970LA12
9..¿
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RESOLUTION NO. 18570
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE RANCHO DEL REY SPA III SECTIONAL
PLANNING AREA (SPA) PLAN GENERAL DEVELOPMENT PLAN,
WATER CONSERVATION PLAN AND AIR QUALITY IMPROVEMENT
PLAN TO ALLOW A 52 UNIT DENSITY TRANSFER FROM PARCEL R-7c
TO PARCEL R-6 (pCM-97-o1); AND APPROVING AND IMPOSING
CONDITIONS ON TENTATIVE SUBDIVISION MAP CHULA VISTA TRACT
97-01 (PCS-97-o1), APPROVING AN APPEAL OF THE DESIGN REVIEW
COMMITTEE'S DECISION TO DENY THE SITE PLAN, ARCHITECTURE
FOR A 246-UNIT DEVELOPMENT ON 15.2 ACRES OF THE SUBJECT SITE
(DRC-97-01), AND ADOPTING ADDENDUM TO FEIR-89-1O
I. RECITALS
A. Project Site
WHEREAS, the area of land which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated herein by this
reference, and commonly known as Rancho Del Rey SPA III Parcel R-6 and OS-7; and
for the purpose of general description herein consists of 28.8 acres located on the south
side of East "J" Street between Paseo Ranchero and Vaquero Ct. within the Rancho Del
Rey SPA III Planned Community ("Project Site"); and,
B. Project; Application for Discretionary Approval
WHEREAS, on September 30, 1996 Rancho Del Rey Investors, L.P. ("Owner") filed
applications with the Planning Department of the City of Chula Vista requesting approval
of amendments to the Rancho Del Rey SPA III Sectional Planning Area (SPA) Plan,
General Development, Plan and Planned Community District Regulations, Rancho Del
Rey SPA III Water Conservation Plan and Rancho Del Rey Air Quality Improvement
Plan. The applications also request approval of a tentative subdivision map represented
in Exhibit B-1, B-2 and B-3 in order to subdivide 15.2 acres of Parcel R-6 into 3 lots
containing a total of 246 condominium dwelling units and a 10.6 acre open space lot.
("Project"); and,
C. Prior Discretionary Approvals
WHEREAS, the development of the Project Site has been the subject matter of I) a
Specific Plan, EI Rancho Del Rey Specific Plan previously approved by City Council;
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2) the Rancho Del Rey SPA III Sectional Planning Area Plan, previously adopted by City
Council Resolution No. 15993 ("SPA"); 3) a Master Tentative Subdivision Map,
previously approved by City Council Resolution No. 16222 ("TSM"), Chu1a Vista Tract
90-02; 4) an Air Quality Improvement Plan, Rancho Del Rey SPA III Air Quality
Improvement Plan (AQIP); and 5) a Water Conservation Plan, Rancho Del Rey Water
Conservation Plan (WCP); both previously approved by City Council Resolution No.
16220 and 16219, respectively on July 9, 1991.
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the Project
on December 11, 1996, and voted (2-2) not to forward a recommendation to the City
Council on a proposal to amend the Rancho Del Rey SPA III Sectional Planning Area
(SPA) Plan, a Tentative Subdivision Map application and an appeal of the decision of
the Design Review Committee to deny the site plan and architecture of the proposed
project; and,
E. City Council Record of Applications
WHEREAS, a duly called and noticed public hearing on the Project was held before the
City Council of the City of Chula Vista on January 21, 1997 and continued to February
18, 1997 to receive further input from staff regarding applicant's changes and
modifications; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
ll. DFSIGN REVIEW AND RECORD PLANNING COMMISSION
The proceedings and all evidence introduced before the Design Review Committee and
Planning Commission at their public hearings on the Project held on November 18, 1996
and December 11, 1996 respectively, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding.
ill. PREVIOUS FEIR-89-10 AND ADDENDUM FEIR-89-10 REVIEWED AND
CONSIDERED FINDINGS; APPROVALS
The City Council of the City of Chula Vista has previously reviewed, analyzed,
considered, approved and certified FEIR-89-1O and has considered Addendum FEIR-89-
10; and,
IV COMPLIANCE WITH CEQA
The City Council does hereby find that FEIR-89-10 and the addendum has been prepared
2
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in accordance with requirements of the California Environmental Quality Act, the State
EIR Guidelines, and Environmental Review Procedures of the City of Chula Vista and
hereby certifies the addendum to FEIR-89-1O recertified the EIR/addendum.
V. INDEPENDENT JUDGEMENT OF CITY COUNCIL
The City Council finds that the FEIR-89-1O and addendum reflects the independent
judgement of the City Council of the City of Chula Vista.
VI. SPA FINDINGS I APPROVAL
A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN
CONFORMITY WITH THE RANCHO DEL REY SPECIFIC PLAN AND THE
CHULA VISTA GENERAL PLAN.
The amended Rancho Del Rey SPA III Sectional Planning Area (SPA) Plan is
consistent with the Rancho Del Rey Specific Plan and the Chula Vista General
Plan.
B. THE RANCHO DEL REY SPA III SECTIONAL PLANNING AREA PLAN,
AS AMENDED, WILL PROMOTE THE ORDERLY SEQUENTIALIZED
DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA.
The SPA Plan as amended is consistent with the amended phasing of internal and
external infrastructure and consistent with the Rancho Del Rey SPA III Public
Facilities Financing Plan, Air Quality Improvement Plan, and Water Conservation
Plan and will, therefore, promote the orderly sequentialized development of the
involved Sectional Planning Area.
C. THE RANCHO DEL REY SPA III SECTIONAL PLANNING AREA (SPA)
PLAN AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND
USES, RESIDENTIAL ENJOYMENT, CIRCULATION, OR
ENVIRONMENTAL QUALITY.
The land use designation and proposed density is compatible with the immediately
adjacent multifamily development to the east and therefore will not adversely
affect adjacent land uses, residential enjoyment, circulation, or environmental
quality .
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D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT
SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION,
AND OVER-ALL DESIGN FOR THE PURPOSE INTENDED; THAT THE
DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE
A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED
DESIRABILITY AND STABILITY; AND, THAT SUCH DEVELOPMENT
WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS
TITLE.
The amendments do not involve areas planned for industrial and research uses.
E. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER
SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL
BE APPROPRIATE IN AREA, LOCATION AND OVER-ALL PLANNING TO
THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE
PROTECTED FROM ANY ADVERSE EFFECTS FORM SUCH
DEVELOPMENT.
The project includes the construction of a hiking trail within open space Parcel
OS-7 which is a component of the overall Rancho Del Rey Planned Community
recreational trails system.
F. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND
ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON.
The amendments do not involve changes to the existing circulation system, except
for internal private streets and access points along East "J" Street.
G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED
ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL
PROVIDE ADEQUATE COMMERCIAL FACILmES OF THE TYPES
NEEDED AT SUCH PROPOSED LOCATION(S).
The amendments do not involve areas planned for commercial uses.
H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED
AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY
WITH SAID DEVELOPMENT.
The amendments are consistent with the previously approved plans and
regulations applicable to surrounding areas and therefore, said development can
be planned and wned in coordination and substantial compatibility with said
development.
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I. ADOPTION OF SPA
In light of the findings above, the amended Rancho Del Rey SPA III Sectional
Planning Area (SPA) plan is hereby approved and adopted in the form presented
and attached.
vn DESIGN REVIEW FINDINGS! APPROVAL
BASED ON THE PLANS AND TESTIMONY PRESENTED AT THE PUBLIC
HEARING, THE CITY COUNCIL APPROVES THE DESIGN REVIEW APPEAL
BASED ON THE APPLICANT'S REVISED PLANS WHICH MEET THE CITY'S
DESIGN MANUAL POLICIES AS IDENTIFIED A THROUGH D AS FOLLOWS:
A. PEDESTRIAN W ALKW A YS BE PROVIDED TO LINK DWELLING UNITS
WITH COMMON OPEN SPACE AREAS, RECREATIONAL AND SUPPORT
FACILffiES, PARKING AREAS AND PUBLIC STREETS.
The revised pedestrian walkway is continuous and functional linking most
dwelling units with the common open space, parking areas and the westerly
adjacent park.
B. LANDSCAPE PLANTING SHALL BE USED TO FRAME, SOFTEN AND
EMBELLISH THE QUALITY OF THE ENVIRONMENT, AND SHALL BE IN
SCALE WITH ADJACENT STRUCTURES AND OF APPROPRIATE SIZE
AND MATURITY TO ACCOMPLISH ITS INTENDED PURPOSE.
The revised site plan provides landscaping along the loop road and other key
areas of the development and therefore consistent with the Rancho Del Rey
Design Guidelines and City's Design Manual.
C. THAT BUILDING ENTRANCES IDENTIFY AND ARTICULATE
INDIVIDUAL UNITS PROVIDING DISTINCTIVE ARCHITECTURAL
ELEMENTS, MATERIALS AND COLORS TO DENOTE ENTRIES WHILE
PROMOTING SECURITY AND PRIVACY
The building separation provides an opportunity to provide privacy and
individuality for each dwelling unit which when viewed in conjunction with the
architectural and landscaping enhancements produce an acceptable solution
D, THAT INTERNAL CIRCULATION PROMOTE SAFETY, EFFICIENCY AND
CONVENIENCE A VOIDING CONFLICTS BETWEEN VEHICLES AND
PEDESTRIANS.
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The revised internal vehicular circulation system is designed to accommodate a
safe and continuous pedestrian system with minimum vehicles and pedestrians
conflicts from parking space to residence or from a residence to the common
recreation area.
E. APPROVAL OF DESIGN REVIEW APPEAL
In light of the findings above, the appeal from the Design Review Committee's
decision to deny the site plan and architecture of a 240 condominium,m complex
is hereby approved and adopted in the form presented and attached, and subject
to the conditions listed below.
VIII. TENTATIVE SUBDIVISION MAP FINDINGSI APPROVAL
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the
City Council finds that the Tentative Subdivision Map, as conditioned herein for
Rancho Del Rey SPA III Parcel R-6, Chula Vista Tract No. 97-01 is in
conformance with the Rancho Del Rey Specific Plan and the elements of the City
of Chula Vista General Plan, based on the following:
a. Land Use
The Rancho Del Rey Sectional Planning Area (SPA) Plan, as amended,
designates the 15,2 acre portion of Parcel R-6 Residential Single Family
Attached (SFA) with a target density of 16,2 du/ac and a maximum of 240
dwelling units. The project, as conditioned, is in compliance with the
City's General Plan, Rancho Del Rey Specific Plan and Sectional Planning
Area (SPA) plan.
b. Circulation
All of the on-site and off-site public streets required to serve the
subdivision will be constructed or DIF fees paid by the developer in
accordance with the Rancho Del Rey SPA III Public Facilities Financing
Plan and Development Agreement. The private streets within the Project
will be designed in accordance with the City design standards.
c. Housing
Resolution No. 15751 adopted by the City Council on August 7, 1990,
acknowledged that the requirement to provide ten percent of the total
number of units allowed in the Rancho Del Rey Specific Plan for low and
moderate income households. The resolution also acknowledge that the
5 % moderate income housing and most of the low income housing have
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been provided in SPA I and II. The City Council designated the northerly
3.0 acres of Parcel R-6 as the low income housing site in the Rancho Del
Rey SPA III where 40 low income townhomes will be constructed in the
near future.
d. Conservation
The Environmental Impact Report FEIR-89-1 0 and Addendum FEIR 89-10
addressed the goals and policies of the Conservation Element of the
General Plan and found the development of this site to be consistent with
these goals and policies.
e, Parks and Recreation, Open Space
The Rancho Del Rey SPA III Sectional Planning Area (SPA) plan
provides public parks, trails and open space consistent with City policies.
f. Seismic Safety
The proposed subdivision is in conformance with the goals and policies of
the Seismic Element of the General Plan for this site.
g. Safety
The Fire Department and other emergency service agencies have reviewed
the proposed subdivision for conformance with City safety policies and
have determined that the proposal meets the City Threshold Standards for
emergency services.
h. Noise
Noise mitigation measures included in the Environmental Impact Report
EIR-89-10 and Addendum FEIR-89-1O adequately address the noise policy
of the General Plan. The project has been conditioned to require that all
dwelling units be designed to preclude interior noise levels over 45 dBA
and exterior noise exposure to 65 dBA in accordance with the City's
performance standards.
1. Scenic Highway
The project site is located adjacent to a designated scenic highway and
The natural open space Parcel OS-7 will as a buffer between the proposed
residential development and Telegraph Canyon Road which is designated
as a scenic highway.
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j. Bicycle Routes
Bicycle lanes have been incorporated within the Rancho Del Rey SPA III
Planned Community and are presently in use.
k. Public Buildings
No public buildings are proposed on the project site. The project is
subject to RCT fees prior to issuance of building permits.
B. Pursuant to Section 66412.3 of the Subdivision Map Act, the City Council
certifies that it has considered the effect of this approval on the housing needs of
the region and has balanced those needs against the public service needs of the
residents of the City and the available fiscal and environmental resources.
C. The configuration, orientation and topography of the site partially allows for the
optimum sitting of dwelling units for passive or natural heating and cooling
opportunities as required by Government Code Section 66473.1.
D. The site is physically suitable for residential development and the proposal
conforms to all standards established by the City for such projects.
E. The conditions herein imposed on the grant of permit or other entitlement herein
contained is approximately proportional both in nature and extent to the impact
created by the proposed development.
BE IT FURTHER RESOLVED that in light of the findings above, the City Council does
hereby approve the Tentative Subdivision Map and Design Review Appeal subject to the general
and specific conditions set forth below.
IX. GENERAL CONDITIONS OF APPROVAL
The approval of the foregoing SPA Amendments and Tentative Subdivision Map which
are stated to be conditioned on "General Conditions", is hereby conditioned as follows:
A. Project Site is Improved with Project
Developer, or their successors in interest, shall improve the Project Site with the Project
as described in the Tentative Subdivision Map Chula Vista Tract 97-01 and FEIR-89-10
and Addendum FEIR-89-10 except as modified by this Resolution.
B. Implement Mitigation Measures
Developer shall diligently implement, or cause the implementation of, all mitigation
8
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measures pertaining to the Project identified in the Final Environmental Impact Report
FEIR-89-1O and Addendum FEIR-89-1O.
C. Implement previously adopted conditions of approval pertinent to project
Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of
approval of the Rancho Del Rey SPA III Master Tentative Map, Chula Vista Tract 90-
02, established by Resolution No. 16222 approved by Council on June 18, 1991, and
shall remain in compliance with and implement the terms, conditions, and provisions of
Rancho Del Rey Sectional Planning Area (SPA) plan, General Development Plan,
Planned Community District Regulations, Rancho Del Rey SPA III Water Conservation
Plan, Rancho Del Rey SPA III Air Quality Improvement Plan, Rancho Del Rey SPA III
Residential Design Guidelines and Rancho Del Rey SPA III Public Facilities Financing
Plan as amended and as are applicable to the property which is the subject matter of this
SPA amendment and tentative map, prior to approval of the Final Map or shall have
entered into an agreement with the City, providing the City with such security (including
recordation of covenants running with the land) and implementation procedures, as the
City may require, assuring that after approval of the Final Map, the developer shall
continue to comply with, remain in compliance with, and implement such plans.
D. Implement Public Facilities Financing Plan
Developer shall install public facilities in accordance with the Rancho Del Rey SPA III
Public Facilities Financing Plan, as amended or as required by the City Engineer, to
meet threshold standards adopted by the City of Chula Vista. The City Engineer and
Planning Director may, at their discretion, modify the sequence of improvement
construction should conditions change to warrant such a revision.
E. Contingency of Project Approval
Approval of the Tentative Subdivision Map is contingent upon the amendments to the
Rancho Del Rey SPA III Sectional Planning Area (SPA) plan, General Development
Plan, Planned Community District Regulations taking effect (pCM-97-01).
F. Design Review Approval
The applicant shall develop the Site in accordance with the applicable Rancho Del Rey
SPA III Development Regulations and Design Guidelines.
x. SPECIAL CONDffiONS OF APPROVAL
A. Tentative Subdivision Map Conditions
Prior to approval of the final map unless otherwise indicated, the developer shall:
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GENERAL/PRELIMINARY
1. Comply with all unfulfilled conditions of approval applicable to Parcel R-6 of the
Rancho del Rey SPA III, Chula Vista Tract 90-02, Tentative Map established by
Resolution No. 16222 approved by Council on July 30, 1991
2. Install public facilities in accordance with the Rancho del Rey SPA's I, II, & III
Public Facilities Financing Plan as amended or as required by the City Engineer
to meet threshold standards adopted by the City of Chula Vista. The City Engineer
and Planning Director may, at their discretion, modify the sequence of
improvement construction should conditions change to warrant such a revision,
3. If phasing is proposed within an individual map or through multiple final maps,
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. Each final
map shall provide 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.
STREETS. RIGHT-OF-WAY AND PUBLIC/PRIVATE IMPROVEMENTS
4. Design and construct all streets to meet the City standards for private streets, or
as approved by the City Engineer. Street grades steeper than 12 % shall be paved
with portland cement concrete with cutoff walls. Submit improvement plans for
approval by the City Engineer detailing the horizontal and vertical alignment
of said streets.
5. Replace existing AC curb, sidewalk and pedestrian ramp at the project entrance on
East J Street with monolithic curb, gutter, sidewalk and cross gutter in
conformance with City standards.
6, Provide decorative concrete pavement delineating the boundary between the public
and private streets.
7. Street light locations shall be approved by the City Engineer.
8. Present written verification to the City Engineer from Otay Water District that the
subdivision will be provided adequate water service and long term water storage
facilities.
10
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.".....~ ...-.--..--.-..----"..-*--..-,.....-
9. Comply with the City of Chula Vista private streets design standards including
minimum horizontal curves radii of 100 ft. along the main loop streets.
10. Provide paved access (minimum 12' width) to all public sewer man holes necessary
to serve the subdivision. Design access road to accommodate H-20 wheel loads
and maximum 15 % grade to the satisfaction of the City Engineer. Maintain a
minimum 5 foot horizontal clearance between sewer manholes and edge of paving.
Do not locate public sewer manholes in designated parking spaces.
11. Relocate the existing public water, sewer and storm drain facilities between sewer
manholes No.7 and No. 11 (as shown on the Tentative Map dated 9/27/96, revised
2/10/97) to align with private drive "B~ or as approved by the City Engineer.
GRADING AND DRAINAGE
12. Submit a precise drainage study prepared by a registered civil engineer and
approved by the City Engineer prior to issuance of a grading permit or other
development permit. Design of the drainage facilities shall consider existing
drainage patterns. The drainage study shall show how downstream drainage
facilities are impacted. The extent of the study shall be as approved by the City
Engineer,
13. Submit a detailed geotechnical report prepared and signed and stamped by both a
registered civil engineer and certified engineering geologist prior to approval of
grading plans and issuance of grading permit.
14. Design all retaining walls to Chula Vista standards as determined by the City
Engineer. Show details for non-regional standard walls on the grading plans and
submit structural calculations for said walls for review and approval prior to
issuance of a grading permit. Include design recommendations for retaining walls
in the soils report for the project.
15. Provide improved access to all existing public storm drain cIeanouts or as approved
by the City Engineer.
16, The proposed on site storm drain system shall be private. Designate storm drain
facilities as private on the improvement plans,
17. Submit and obtain approval by the City Engineer for an erosion and sedimentation
control plan as part of grading plans. Comply with all the provisions of the
National Pollutant Discharge Elimination System (NPDES) and the Clean Water
Program
18. Show the location of existing cut/fill lines on grading plans unless otherwise
approved by the City Engineer.
11
90"'11
.. --- . ....__~._ _________·___.·.._·o._
19. All grading and pad elevations shall be within 2 feet of the grades and elevations
shown on the approved tentative map or as otherwise approved by the City
Engineer and Planning Director.
AGREEMENTS
20. Agree that the City may withhold building permits for the subject subdivision if any
one of the following occur:
Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
Traffic volumes, levels of service, public utilities and/or services exceed the
adopted City threshold standards in the then effective Growth Management
Ordinance,
The required public facilities, as identified in the PFFP or as amended or
otherwise conditioned have not been completed or constructed to satisfaction
of the City. The developer may propose changes in the timing and
sequencing of development and the construction of improvements affected.
In such case, the PFFP may be amended as approved by the City Planning
Director and Public Works Director.
21. Enter into an agreement to participate in the monitoring of existing and future
sewage flows in the Telegraph Canyon Trunk Sewer and the financing of the
preparation of the Basin Plan and, pursuant to any adopted Basin Plan, and agree
to participate in the financing of improvements set forth therein, in an equitable
manner. Execute said agreement prior to first final map approval.
22. Agree to defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents,
officers or employees to attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Council or any approval by
its agents, officers, or employees with regard to this subdivision pursuant to
Section 66499.37 of the State Map Act provided the City promptly notifies the
subdivider of any claim, action or proceeding and on the further condition that the
City fully cooperates in the defense.
23. Agree to hold the City harmless from any liability for erosion, siltation or increase
flow of drainage resulting from this project.
24, Agree to ensure that all franchised cable television companies ("Cable Company")
are permitted equal opportunity to place conduit and provide cable television
service to each lot within the subdivision. Restrict access to the conduit to only
those franchised cable television companies who are, and remain in compliance
12
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-....----. ------"-----_.._~~._--,---" -
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.
OPEN SPACE/ASSESSMENTS
25. Offer to grant in fee on each Final Map all open Space Lots within the subdivision.
Prepare and record a grant deed for each open space lot. The minimum width of
each open space lot shall maintain a 10-foot wide landscaping area behind the back
of sidewalk.
26. Submit a list of all facilities located on open space lots to be maintained by the
existing open space landscape maintenance district. This list shall include a
description, quantity and unit price per year for the perpetual maintenance of all
facilities located on open space lots to include but not be limited to: walls, fences,
water fountains, lighting structures, paths, access roads, drainage structures and
landscaping. Only those items on an open space lot are eligible for open space
maintenance. Each open space lot shall also be broken down by the number of
acres of turf, irrigated, and non-irrigated open space to aid the estimation of a
maintenance budget thereof.
27. Prior to final map approval or other grant of approval for any phase or unit
thereof, the developer shall pay all costs associated with : reapportioning
assessments for Open Space District 20 (Zones 3, 7 and 9); and apportionment of
assessments for all City assessment districts as a result of subdivision of lands
within the boundary, Complete and submit application for apportionment and
provide a deposit to the City estimated at $25 x (units + Open Space Lots) x
assessment districts to cover costs.
28. Prepare a disclosure form to be signed by the home buyer acknowledging that
additional fees have been paid into the Assessment District, and that these
additional fees are reflected in the purchase price of the home for those units which
have a density change from that indicated in the assessment district's Engineer's
Report. Submit disclosure forms for the approval of the City Engineer.
EASEMENTS
29. Grant to the City a general utility and access easement over all private streets and
secondary access road for public sewer maintenance and emergency access
purposes.
30. Grant to the City a 10' wide easement for general utility purposes along Telegraph
Canyon Road and Buena Vista Way frontage of the open space lots to be granted
in fee to the City.
13
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, . .-.,.,---.--------..------.----..--.--,-.-
31. Grant on the associated final map a minimum 15' wide easement to the City of
Chula Vista for construction and maintenance of all sewer facilities within Lot A.
32. Indicate on the final map a reservation of an easement to the future Homeowners'
Association for private storm drain facilities within open space Lot A.
MISCELLANEOUS
33. The Declaration of Covenants, Conditions and Restrictions shall include provisions
assuring maintenance of all applicable open space areas, streets, driveways and
drainage systems which are private. The City of Chula Vista shall be named 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.
Include in the CC&R's a set of design and construction guidelines for allowable
accessory structures outlining setbacks (sides and rear), maximum permitted private
patio area cover area, permitted height etc.
34. Show on the final map, a table indicating the number of dwelling units per each lot
and the total number of dwelling units for the subdivision.
35. Tie the boundary of the subdivision to the California System -Zone VI (NAD '83).
36. Submit copies of each final map and improvement plan 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 3-1/2 HD floppy disk prior to the approval of
each Final Map.
Code Reouirement conditions of aDDroval
37. 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.
38. Prior to the first final map, form an approved Homeowner' Association (HOA)
for all the properties within the approved tentative map to be responsible for the
maintenance of the improvements listed in condition of approval number 25 of
this tentative map, The City Engineer and the Director of Parks and Recreation
may approve 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 HOA shall be made
14
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.·_..____m.._.~."__."_._. -.. ._._----_._.__._~_._.
during the open space district formation proceedings.
39. Underground all utilities within the subdivision in accordance with Municipal Code
requirements.
40. Pay Telegraph Canyon drainage fees in accordance with Ordinance 2384.
41. 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 SR-125 impact fee.
42. Pay the amount of said fees in effect at the time of issuance of building permits.
43. Comply, implement and remain in compliance with the mitigation measures
required by the Environmental Impact Report FEIR-89-1O and addendum which
are hereby incorporated into this resolution by reference, Any measure not
satisfied by specific condition of this resolution or by the project design should
be implemented to the satisfaction of the Director of Planning. Mitigation
Measures shall be monitored via Mitigation Measures Monitoring Program
approved in conjunction with FEIR-89-1O. Modification of the sequence of
mitigation shall be at the discretion of the Director of Planning should changes
in circumstances warrant such revision.
44 Design all public sidewalks to comply and remain in compliance with the
American Disability Act.
45 Prepare and submit to the satisfaction of the Director of Planning 15 copies of the
final revised SPA amendments prior to approval of the first final map.
B. Design Review Conditions of Approval
46. Parking standards shall be as follows:
. Two Car garage 20 x 20 (exterior dimension)
. One Car Garage 10 X 20 (interior dimension)
15
'0-15'
.-...-......... .. ...........-----.._.. -~--~.._-
· Std, parking stall 9 X 19*
· Compact Parking Stall 71/2 X 15**
· Handicap Parking Stall 14 X 19*
· Parallel Parking stalls 10 X 23
· Standard and handicap parking stall lengths shall be reduced to 17 to allow a 2 foot overhang onto
planters or walks. However, the planter and concrete walk shall be iDaease in width accordingly.
.. Compact size parking stalls shall be reduce in length to 131/2 ft to allow 11/2 ft overhang onto planters
or concrete walks. However planters and concrete walks shall be inaeased in width accordingly.
47 Relocate parking stalls number 102c and 103c to accommodate adequate
back-up maneuvering as approved by the director of Planning.
48, All garage doors shall be equipped with an automatic garage door opener,
49. Incorporate an 18" concrete "step-out strip along all planters adjacent to
parking stalls,
50. Emergency access gate shall be relocated to be behind the private patio fence
of unit 64.
51. Landscape nodes between parking bays shall be 8 ft. wide and 6 ft. wide at
ends of parking bays,
52. Provide the required parking within one hundred feet (IDO') and guest
parking within two hundred feet of the unit it is intended to serve. but in no
instance the required and guest parking shall not be located outside the
residential cluster area it is intended to serve.
53. Prepare, submit and receive approval by the Director of Planning of a parking
plan illustrating the distribution of all required and guest parking spaces as
prescribed in Section VI.6-A of the Rancho Del Rey SPA III Sectional
Planning Area Plan and Planned Community District Regulations.
54. Comply and remain in compliance with Section XII,2-C, Handicap Parking
Requirements,
55. provide an average of fifteen foot setback from the established fence line for
all buildings which backup on to the main access driveway.
16
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--..--..--.--.----...---'...'.
56. Design all internal pedestrian walks and street crossings in compliance with
the American Disabilities Act,
57. Prepare and include in the project's CC&R's a comprehensive fencing
program incorporating the following fencing standards:
a, Where privacy fences are installed directly over, or immediately
adjacent to retaining walls, the overall wall! fence height shall not
exceed 7 ft. Where higher retaining wall! fence conditions occurs, a
four foot landscape transition strip between the wall and the fence
shall be provided.
b. Fences, retaining walls or a combination of both located within the
established front setback area shall be limited to forty two inches (42")
in height.
c. Provide a design and install five feet (5') high decorative fences along
the exterior side yard of all corner lots.
58, Comply and remain in compliance with items 1,4 and 6 of the Special
Standards for RC Districts prescribed in Section VIII.3-G of the Rancho Del
Rey SPA III Sectional Planning Area Plan and Planned Community District
Regulations.
59, Provide a decorative wall (RDR theme wall) along the west property line,
East "J" Street, main access driveway.
60. Design the project landscape in accordance with the landscaping criteria and
check list contained in the Rancho Del Rey SPA III Residential Design
Guidelines (pages V-23 and 24).
61. Provide a minimum of one hundred (100) square feet with no dimension less
than ten (10) feet for all units with ground level private patio areas and an
seventy five square foot balcony or deck with no dimension less than six feet
(6') for all second story units.
62, Prepare, submit and obtain approval by the director of Planning of
development standards for patio additions and other accessory structures
prior to approval of the final map. The development standards shall be
incorporated into the project's CC&R's,
63. Incorporate provisions in the CC&R's prohibiting RV parking within the
proj ect.
17
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-- .---_.__._--~..__.
64, If the project is proposed to be developed in phases, prepare, submit and
obtain approval by the Director of Planning of a construction phasing plan
prior to issuance of the first building permit.
65. Provide decorative type paving to delineate internal pedestrian road crossings.
66, Provide a 5 ft.minimum separation between parking bays and private patio
fences, retaining walls, structures slope banks and any other structure.
67. Submit and obtain approval by the Director of Planning of a landscape strip/
fence combination along East "J" Street.
68. Submit a detail fencing program addressing perimeter, private patio, internally
exposed and perimeter fencing and the fencing standards outlined in SPA
condition No.3.
69. Provide a plan site plan identifying the buildings with enhanced side elevations.
70. Provide the required interior storage for all units.
71. Design all Dwelling units to preclude interior noise levels over 45 dBA and all
exterior private open space shield with solid masonry walls and or buildings to
limit noise exposure to 65 dBA.
XI. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing conditions 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, deny, or further condition issuance of all
future building permits, deny, revoke, or further condition all certificates of occupancy
issued under the authority of approvals herein granted, institute and prosecute litigation
to compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City's approval
of this Resolution.
XII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated;
and that in the event that anyone or more terms, provision, or conditions are determined
by a Court of competent jurisdiction top be invalid, illegal or unenforceable, this
resolution shall be deemed to be automatically revoked and of no further force and effect
ab initio.
18
91J-/r
-------"--------_.._- - --...-..- -..--.-.
XIII. NOTICE OF DETERMINATION.
City Council directs the Environmental Review Coordinator to post a Notice of
Determination and file the same with the County Clerk.
Presented by Approved as to form by
~~o -~~,
Robert A. Leiter John M. Kaheny
Director of Planning City Attorney
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TABLE 3
Rancho del Rey SPA III
statistical Summary
site utilization Plan
Land Use Acres Averaae Densitv DU
Residential
SFD - Conventional 63.8 4.9 314
SFD - Cottage 106.3 5.2 550
SFA - Duplex/Townhouse 36. 5 ~ '4-4-8'
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Residential Subtotal 206.6 ~ ~
_ Iì.m
Non-Residential
Junior High School 26.1
Public Park 10.8
Community Facility ~
Non-Residential Subtotal 38.8
Open Space 148.3
Circulation ll....2. _ _
TOTAL 404.9 '3-;-2' ~
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II.3 DENSITY TRANSFER
As noted earlier, the El Rancho del Rey Specific Plan is intended
to allow for a degree of flexibility for SPA (sub-area) Plans to
respond to changing conditions, markets or design issues. One
aspect of this flexibility is the Density Transfer provision which
permits the transfer of residential units from one density category
to another.
In the preparation of the SPA III Plan, a conscious effort was made
to create a predominately single family detached community which
could be well integrated into the existing residential area. This
effort resulted in the selection of single family detached products
for most of those parcels designated by the Specific Plan as 4-6
du/ac and all of the parcels designated 6-8 dulac, instead of the
attached products which were included in the development character
descriptions.
In addition, the plan was designed for sensitivity to existing
adjacent residential uses. This required that single family
detached products be located along nearly all edges of the project
to be consistent with existing products. Also a larger lot size
~ -8-
EXHIBIT B-1
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CIlY OF
CHUIA VISTA
conNCIL INFORMATION
Item # jO b.
February 13, 1997
TO The Honorable Mayor and City Council
VIA John D. Goss, City Managep
FROM Dawn Herring, Budget Manager ~
SUBJECT Department Head Presentations at the February 18, 1997 Council
Meeting
Presentations will be given at the February 18, 1997 Council meeting by David Palmer,
Director of the Library, Louie Vignapiano, Director of Management and Information Services
and Dr. Stephen Neudecker, Executive Director of the Nature Center.
Attached are the updated Goals and Objectives for each of these departments.
Attachments
M:\HOME\ADMIN\BUD98\GOAIAOBJ. WPD
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_..~_..._-_.,.-." -~_._.._.... ---_.._-~-_.-
LIBRARY
PROPOSED DEPARTMENTAL GOALS, OBJECTIVES
AND OUTPUT MEASURES
lOp -:J.
- _..._.,...._,...__._.-._~-----._-_.._---~_._--~-_. ---.,--.----... .
LIBRARY SYSTEM
1710
Goals:
1- Establishes and maintains a consistent level of sevice excellence to a
multi-cultural public with a quality library staff.
2. Develops a plan for long-range (3-5 year) quality library service to
the community.
3. Maintains a quality and responsive materials collection throughout the
system.
4. Encourages young people to develop an interest in reading and learning
through a variety of services for children.
5. Establishes Chula Vista Public Library as a premier information
delivery provider in the community, especially with new technology.
6. Collects, preserves and makes available the history of Chula Vista.
7. Provides opportunities for life-long learning, including adult literacy
services.
8. Maintains attractive, structurally sound, and safe library facilities.
FY97-98 Proposed Budget/Goals & Objectives )d~":3
...-....-..--...------.. ,-
LIBRARY SYSTEM
1710
Continued. . .
Objectives:
PUBLIC SERVICES
1- Conduct annual in-house patron satisfaction surveys in Fall 1998
2. Meet monthly to plan and implement public service programs through the
Advocacy Committees
3. Make available a well-defined, annual departmental training program for
all staff
SUPPORT SERVICES
1- Develop a migration plan to a new local automation system by June 1998
2. Write the annual materials selection plan, including allocation of
funds, by July 30, 1997
3. Maintain a volunteer program at a minimum of 130 filled positions
PLANNING
1- Complete the Facilities Master ~lan by December 1997
2. Update the goals and objectives for library services at the annual
library management retreat by Septermber 1997
FISCAL
1- Process overdue materials weekly in support of Finance Department's
Materials Recovery Project
2. Work with Friends of Library, Library Board of Trustees, Arturo Barrios
10K, and other community groups to foster annual contributions to the book
budget by June 1998
FY97-98 Proposed Budget/Goals & Objectives I~~ .~
-----"." ~ ,._-~._-.. .-^-"---_._..,.--~._--_. ._...~
LIBRARY SYSTEM
1710
Continued. . .
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Open hours per year Number 7170 6830.5 6830
Walk-in count Number 1,074,200 1,073,010 1,083,100
Visits per capita Number 7.1 7.0 7.0
Dollars per capita Dollars $25.11 $24.71 $24.81
Circulation Number 1,332,600 1,256,330 1,268,140
Circulation per capita Number 8.8 8.2 8.2
Maximum patron wait to checkout Minutes 3 3 3
Reference questions Number 250,260 223,500 223,800
Reference questions per capita Number 1.6 1.5 1.5
Reference completion rate Percent NA NA 84.7%
Volumes in system Number 377,740 392,000 406,000
Volumes per capita Number 2.5 2.6 2.6
Title fill rate - Civic Center Percent 66% 61% 61%
Title Fill Rate - South CV Percent 55% 68% 68%
Title fill rate - Eastlake Percent 46% 68% 68%
Average time to reshelve Adult Days 6.4 5.65 5.65
nonfiction at Civic Center
Average time to reshelve Adult Days 2.4 2.4 2.4
nonfiction at South CV
New English Language books Percent 90% 90% 90%
processed in 1-6 weeks
FY97-98 Proposed Budget/Goals & Objectives I~~ .5'
---- -.--- _.m..___________,..__._~__________._.____,...~___
LIBRARY
UPDATE OF EXISTING DIVISIONAL GOALS, OBJECTIVES
AND OUTPUT MEASURES
I~;-¿
"___ ___.__u_....._..._.... ---.._--------"._---"
LIBRARY ADMINISTRATION
1711
Goals:
1. Ensures the maintenance of consistent levels of excellence in library
service and qualified library staff.
2. Maintains a consistent level of system-wide administrative support
services.
3. Represents the library at the City, local, regional, state and national
level.
4. Develops a plan for long-range (3-5 years) quality library service to
the community.
5. Maintains attractive, structurally sound, and safe library facility.
Objectives:
1. To identify and conduct one annual fund raising drive.
2. To identify and apply for a minimum of two grants.
3. To maintain funding for appropriate security measures for all
facilities.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Non-General Funds raised Amount 454,103 457,294 420,766
volunteer hours contributed Number 9083.5 9083.5 9490
FY97-98 Proposed BUdget/Goals & Objectives //); , ,
. _____n_._..O_ _.. .________"_____H____ ----.------ ---~--
SYSTEM AUTOMATED SERVICES
1713
Goals:
1- Educates staff in technology applications.
2. Provides systems administration.
3. Assesses new technologies for library applications.
4. Cooperates with City and regional groups on potential technologies.
Objectives:
1- To develop a migration plan to a new generation of local automated
library systems by July 1, 1997 (Circulation, on-line catalog, etc. )
2. To respond to reported priority 1 hardware/software problems within 1
business day
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Resolution of reported hardware/
software problems
Priority 1 problem reports Avg Days NA 1 1
Priority 2 problem reports Avg Days NA 3 3
Annual number of CDs circulated
in Children's Computer Center Number NA 400 400
Annual number of new CDs installed
in the Children's Computer Ctr Number NA 60 40
Annual number of CDs circulated in
the acYL Computer Lab Number NA 200 300
Annual number of new CDs installed
in the acVL Computer Lab Number NA 40 25
FY97-98 Proposed Budget/Goals & Objectives I~I> .8-'
--_..._----,--_._~-----.---
TECHNICAL SERVICES/MANAGEMENT
1721
Goals:
1. Coordinates the activities of community-responsive materials selection,
acquisition, cataloging and processing.
2. Monitors workflow of materials through the Department, including
deliveries, involving staff in evaluating new technology to produce
efficiencies, standardization and cost containment.
3. Provides public access to the collection through a local automated
system with a MARC (machine readable catalog) database.
Objectives:
1. To monthly assess the production standards vis-a-vis allocation of
staff and supplies.
2. To use vendor supplied processing and cataloging whenever
cost-effective.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Average cost to catalog/process
English language trade non-fiction
In House $/item $5.59 $5.71 $5.80
Commercial $/item $6.11 $6.54 $6.71
FY97-98 Proposed Budget/Goals & objectives /1; - ,
- --~--------_._~"._.-
TECHNICAL SERVICES/ACQUISITION
1723
Goals:
In a timely and cost-effective way, selects, acquires and maintains library
materials in a variety of formats to satisfy the cultural and informational
needa of the community.
Objectives:
1. By August 1, 1998, to develop a formula which identifies the most
cost-effective method of acquiring and processing circulating materials.
2. To purchase in Spanish 20 to 30 percent of all books bought for the
South Chula Vista Library by FY 1997-98.
3. To review annually with the Volunteer Coordinator the divisional
opportunities for volunteers.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Items Ordered I Number 1 31,337 132,262 1 25,000
FY97-98 Proposed Budget/Goals & Objectives IIJ/J-/P
_____ M"_____.____ _.___""U__"...__._..__n_....._ .._~._-_..-
TECHNICAL SERVICES/CATALOGING
1725
Goals:
1. Catalogs and processes library materials to facilitate timely public
access.
2. Ensures public access through a consistent level of cost effective
cataloging.
Objectives:
1. To catalog and process 90 percent of all new English language books
within 1 to 6 weeks.
2. To record, process and distribute Civic Center and EastLake Library
newspapers and magazines within 24 hours.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Items added to database Number 43,622 49,870 40,000
Gifts added to database Number 4,108 135 6,000
FY97-98 Proposed Budget/Goals & Objectives I~JJ -II
....----. - -----._--
LIBRARY LITERACY
1730
Goals:
1- Assesses the instructional needs of individual learners and provides
them with a range of instructional interventions in a timely manner.
2. Provides an excellent program of training and follow-up support to
volunteer tutors from the community_
3. Secures outside (non-General Fund) sources of funding to enhance
literacy services through such programs as the Family Literacy Project,
Adult Literacy Computer Lab, and practical writing classes.
4. Maintains consistent levels of excellence in literacy services to the
public.
Objectives:
1- To recruit, orient, assess and provide instruction for a maximum
caseload of approximately 125 learners per quarter.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Average # of active learners/mo. Number 118 118 105
% learners receiving instruction Percent 81% 81% 81%
for at least 6 months
Average number of volunteers/mo Numbert 72 72 75
% volunteers actually tutoring Percent 75% 75% 75%
for at least 6 months
FY97-98 proposed Budget/Goals & Objectives JIJ}, ·/~
-....-.-., -- -"-'- .-..--.- .._,_._..._-_."..~
CIVIC CTR/BRANCH MANAGEMENT
1751
Goals:
1- Ensures a consistent level of public service excellence to the public
with a quality library staff.
2. Participates in developing a plan for long-range (3-5 years) quality
library services to the community.
3. Represents the library within the community.
4. Maintains the Civic Center Library as an attractive and safe library
facility.
5. Coordinates the functions of the Chula Vista Heritage Museum.
Objectives:
To oversee implementation of Public Library Fund output measures by October
1997.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Annual open hours Number 3,273 3,227 3,227
Walk-in Count Number 761,709 768,869 776,096
Service area visits per capita Number 9.7 9.7 9.7
Items held at branch Number 246,875 247,500 249,900
FY97-98 Proposed Budget/Goals & Objectives I~¿' '/..J
~..._-,--_._. .- ------- ._----_.._..~ _._._~._._,.__._--
CIVIC CTR/INFORMATION & READERS' SERV
1753
Goals:
1. Maintains consistent level of service excellence to the public with
quality library staff.
2. Establishes Chula Vista Public Library as a center for lifelong
learning, and as a premier information delivery provider to all age levels
in the community.
3. Continues to develop and make available quality and responsive
materials collection at Civic Center/Main and throughout the system.
4. Encourages young people to develop an interest in reading and learning
through a variety of services.
Objectives:
1. To provide a full range of networked electronic reference resources to
the public on a minimum of 5 workstations
2. To plan a system-wide Summer Reading Club for children and young adults
by April 15, 1998.
OUTPUT MEASURES:
DESCRIPTION UNIT FY9S-96 FY96-97 FY97-98
Reference Questions Number 155,977 149,405 149,000
Reference questions per capita Number 2.0 1.9 1.9
Title Fill Rate Percent 66% 61% 61%
Subject/Author fill rate Percent 61% 70% 70%
Summer Reading Club Enrollment Number 2,197 2,218 2,238
FY97-98 proposed Budget/Goals & Objectives //Jj,"I¥
-. ---~ - - -..- . ..--. ----. ---- '-"""---'-
CIVIC CTR/CIRCULATION
1755
Goals:
1. Focuses on public service as the first priority.
2. Ensures current division policies and practices are clearly interpreted
and consistently applied to the public.
3. Utilizes a flexible divisional staff, including volunteers, to their
fullest potential,
Objectives:
1. To promote self-checkout and train the pUblic in its use by July 30,
1997.
2. To ensure a patron waits in line no longer than three minutes to
check-out materials.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Circulation Number 920,998 826,698 834,469
Circulation per capita Number 11.8 10.5 10.5
Avg time to reshelve Adult non-fie Days 6.4 5.65 5.65
FY97-98 Proposed Budget/Goals & Objectives //JI> . If'
._._-,.~--- .- ....-.
so. CHULA VISTA/BRANCH MANAGEMENT
1761
Goals:
1- Ensures a consistent level of public service excellence to the
community.
2. Participates in developing a plan for long-range (3-5 years) quality
library service to the community.
3. Represents the library within the community.
4. Maintains South Chula Vista Library as an attractive and safe library
facility.
Objectives:
1- To oversee implementation of Public Library Association output measures
by October 1997
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Annual open hours Number 2,476 2,428 2,428
Walk-in count Number 292,769 284,235 286,907
Service area visits per capita Number 5.4 5.2 5.2
Items held at branch Number 96,471 108,900 121,500
FY97-98 Proposed Budget/Goals & Objectives I~b" II,
_.'.'~-"_.._~...- ----~--_.__. ----------...-
so. CHULA VISTA/INFO & READERS' SERV
1763
Goals:
1. Maintains consistent level of service excellence to the public with
quality library staff.
2. Establishes Chula Vista Public Library as the premier information
delivery provider to all age levels in the community.
3. Continues to develop and provide access to a responsive materials
collection at South Chula Vista Library and throughout the system.
4. Encourages young people to develop an interest in reading and learning
through a variety of services.
Objectives:
1. To provide a full range of networked electronic reference resources to
the public on a minimum of 6 workstations
2. To plan a system-wide Summer Reading Club for children and young adults
by April 15, 1998
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Reference Questions Number 86,774 67,610 68,246
Reference questions per capita Number 1.6 1.2 1.2
Title/Fill Rate Percent 55% 68% 68%
Subject/Author Fill Rate Percent 57% 69% 69%
Summer Reading Club Enrollment Number 1,068 1,484 1,498
FY97-98 Proposed Budget/Goals & Objectives /¿')iÞ .. / '7
______._.~ _ ____.__~___~___ ____._.u._..__...__
so. CHULA VISTA/CIRCULATION
1765
Goals:
1- Focuses on public service as the first priority.
2. Enaures current division policies and practices are clearly interpreted
and consistently applied to the public.
3. Utilizes a flexible divisional staff, including volunteers, to their
fullest potential.
Objectives:
1- To promote self-checkout and train the public in its use on a daily
basis
2. To ensure a patron waits in line no longer than three minutes to
check-out materials
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Circulation Number 365,143 387,446 391,088
Circulation per capita Number 6.8 7.1 7.1
Avg time to reshelve adult non-fic Days 2.4 2.4 2.4
FY97-98 Proposed Budget/Goals & Objectives 1,1;-/8'
------ ~--._._.._.__.__._-- ---~---~~.~_._-_..-
EASTLAKE LIBRARY
1770
Goals:
1. Maintains a consistent level of service excellence to the public with
quality library staff.
2. Establishes the Chula Vista Public Library as the premier information
delivery provider to all age levels in the community.
3. Continue to develop and make available a quality and responsive
materials collection throughout the System.
4. Encourage young people to develop an interest in reading and learning
through a variety of services.
5. Ensures current Circulation policies and practices are clearly
interpreted and consistently applied to the public.
6. Utilizes a flexible divisional staff, including volunteers, to their
fullest potential.
7. Promotes the development of an EastLake Friends of the Library.
8. Promotes cooperation between the Public Library and the Eastlake High
School students, faculty, staff and administration.
.
Objectives:
1. To plan a system-wide Summer Reading Club for children and young adults
by April 15, 1998.
2. To ensure a patron waits in line no longer than three minutes to
check-out materials.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Annual open hours Number 1419.5 1176 1170
Walk-in count Number 19,721 19,906 20,093
Visits per capita Number 1.0 1.0 1.0
Items held at branch Number 34,397 35,600 36,800
FY97-98 Proposed Budget/Goals & objectives I/!)6 -1'1
------.-.-..-
EASTLAKE LIBRARY
1770
continued. . .
output Measures:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Circulation Number 46,455 42,189 42,586
Circulation per capita Number 2.4 2.2 2.2
Reference Questions Number 7,510 6,487 6,548
Reference questions per capita Number .4 .3 .3
Title Fill Rate Percent 46% 68% 68%
Subject/Author fill rate Percent 48% 65% 65%
Summer Reading Club Enrollment Number 227 208 210
FY97-98 Proposed Budget/Goals & Objectives I ¿J6 ." ;J.(}
- - -,-_.__._~.---- --_..._~" -~._---
MANAGEMENT AND INFORMATION SERVICES
PROPOSED DEPARTMENTAL GOALS, OBJECTIVES
AND OUTPUT MEASURES
I~þ -.2.1
__ ._._.,,_..___...,. _ _ __.__~_______"..______.._.____m_·____
MANAGEMENT & INFORMATION SERVICES
DEPARTMENTAL GOALS
0213
Goals:
Provide quality data processing services to the City of Chula Vista in
mainframe, local area network, microcomputers, telephones and voice
processing in order to support City Departments.
Enhance the revenue of the City by providing quality mainframe data
processing services to other municipalities.
Objectives:
Maintain availability of the mainframe, telephone switch, vicea mail system
and local area networks at 99% or greater availability.
Maintain and enhance Chula Vista's presence on the Internet's world wide
web.
Assist departments with major automation projects. For FY 1997-96 these
include:
Contract negotiations and subsequent implementation of a computer
aided dispatch system for Police and Fire.
Evaluation of RFP responses and subsequent implementation of a
complete set of financial applications including general ledger and
payroll.
Support for the OCR records management system in the City Clerk's
office and subsequent implementation of OCR technology for Police records.
FY97-98 Proposed Budget/Goals & Objectives //)/:>-;1J.
- ..--.-.-.-.,.,.,-.-.". -..-..,..,---..-.-.-.---..---.-.......-------.
MANAGEMENT & INFORMATION SERVICES
DEPARTMENTAL GOALS
0213
continued. . .
.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Mainframe Availability percent 99% 99% 99%
Telephone Switch Availability percent 100% 99.99% 100%
Voice Mail System Availability percent 100% 100% 100%
Local Area Network Availability percent 99% 99% 99%
Number of programs maintained number 650 690 710
# of micro support requests number 4,000 5,200 5,700
Number of microcomputers supported number 350 375 400
Number of voice mail messages number 350,000 478,000 500,000
FY97-98 Proposed Budget/Goals & Objectives I/) b "'.2.3
-------------..- _..·.._.··..n·_·..._
MANAGEMENT AND INFORMATION SERVICES
UPDATE OF EXISTING DMSIONAL GOALS, OBJECTIVES
AND OUTPUT MEASURES
)1) Þ -.1(
--_..._.~..__.._._'._-'.- .__u_.'" ..._---_.,.._._-_......~
MANAGEMENT & INFORMATION SERVICES
COMPUTER OPERATIONS
0213
Goals:
Provide quality data processing services to the City of Chula Vista in the
areas of mainframe, telephone, and voice mail systems in order to support
City departments.
Objectives:
Maintain the effectiveness and availability of the mainframe.
Maintain the effectiveness and efficiency of the telephone switch.
Maintain the effectiveness and efficiency of the voice mail system.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Mainframe availability Percent 99% 99% 99%
Telephone switch availability Percent 100% 99.99% 100%
Voice mail system availability Percent 100% 100% 100%
Number of online transactions Number 3,000,000 3,400,000 3,500,000
Number of data entry documents Number 350,000 370,000 385,000
Number of voice mail messages Number 350,000 478,000 500,000
FY97-98 Proposed Budget/Goals & Objectives I"b -d
.__..~ ........ .~.._--.._._._._._--,_.__..__. . ..---.-
MANAGEMENT & INFORMATION SERVICES
COMPUTER PROGRAMMING
0213
Goals:
Design, develop and maintain all computer application programs for Chula
Vista, El Cajon, Imnperial Beach, Coronado, Lemon Grove and Escondida.
Objectives:
Maintain and support all mainframe computer applications at peak efficiency
according to the unique needs of each user.
Make all programming changes requested by the user in a timely manner.
Handle all special projects in a timely manner.
Participate in the evaluation of the RFP for a new Financial System and
assist with the implementation of the new system and the conversion from
the existing system.
Assist with the continued implementation of the sewer billing system and
assist Finance to smooth out their procedures and and programming changes
which may be needed.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Number of programming requests Number 150 250 300
Number of Programs Maintained Number 650 690 710
FY97-98 Proposed Budget/Goals & Objectives //J!J "'.1"
-~..._- --_..._----~. ....-----....----.-- ----.. -.--..--------
·
MANAGEMENT & INFORMATION SERVICES
MICROCOMPUTER SUPPORT
0213
Goals:
Microcomputer support is responsible for administering the City's local
area networks (including the wide area network used for remote access by
Parks & Recreation and Fire), assisting all City departments with
microcomputer maintenance and support and for providing guidance to
departments concerning automation.
Objectives:
Ensure that all city local area networks are operating efficiently and
effectively.
Respond to and resolve microcomputer trouble calls in a timely manner.
Install hardware and software in a timely manner.
Explore applicability of new technology to City applications.
Continue support for the remote access capabilities for
the Parks & Recreation Department.
Assist in the implementation of remote access using digital phone lines to
enhance the efficiency of personnel at remote Fire stations.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Availability of local area network Percent 99% 99% 99%
# of microcomputer support req's Number 4,000 5,200 5,700
Number of microcomputers supported Number 350 375 400
# of software porducts supported Number 105 120 130
Availability of Remote Servers Percent 70% 80% 90%
FY97-98 Proposed Budget/Goals & objectives ///6 ---2:;
.-. -..-....-...--.- ...-...-..--.. .,.--- -- -~-~_.__._~..- .~..__.-
MANAGEMENT & INFORMATION SERVICES
SPECIAL PROJECTS
0213
Goals:
Special projects are done by most staff members including the Director,
Microcomputer Specialist, Computer Operations Manager and the
Programmer/Analyst. These are the large projects needed by a particular
department or by the entire City.
For FY 1996-97 they included the OCR records management system for the City
Clerk, Police CAD system for Police, remote LAN access by both Fire and
Parks & Recreation, the installation of the new budget system, the creation
of the City's Internet home page and web site and the SmartCommunity
project.
Most of these projects will continue into FY 1997-98. The contract
negotiations for Police CAD will likely conclude during FY 1996-97 with the
implementation to be done in FY 1997-98. The RFP for a relacement of the
financial system will be evaluated in FY 1996-97, but the subsequent
implementation will be done in FY 1997-98.
Ongoing support for the City's Internet web site.
Support for the conversion of Police Records to the OCR OCR processing
system.
Objectives:
Enhance the efficiency of the remote access server to the Fire Department
and the Parks & Recreation Department.
Analyze the system requirements for a new financial system for the Finance
Department.
Continue contract negotiations for a Police and Fire Computer Aided
Dispatch System and assist with the installation phase to follow.
Maintain and enhance the City's Internet World Wide Web information.
Assist in other special projects as needed.
FY97-98 Proposed Budget/Goals & Objectives J~b"',2.ý
_..-._-_.._....,_._-~._-._._-_.._----------~-------------.--
MANAGEMENT & INFORMATION SERVICES
SPECIAL PROJECTS
0213
continued. . .
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Evaluate financial system RFP's date 07/31/97
Begin Implementation of financials date 09/30/97
Complete CAD contract negotiations date 04/01/97
Begin imp1em. of mobile data term. date 05/01/97
Begin Police CAD implementation date 08/01/97
Begin OCR records for Engineering date 04/01/97
Begin OCR for Police Records date 04/01/97
FY97-98 Proposed Budget/Goals & Objectives J~6'.29
- - ---- -"- ------~-.- - -.-. --------..-.- ~_.-
NATURE CENTER
PROPOSED DEPARTMENTAL GOALS, OBJECTIVES
AND OUTPUT MEASURES
IPj,"';1//
. . - "--'-',.,--.--..---- --.-..-- -.". ..".._._.._.~_.__.._----~_._._,~--~--- .--------------
Major Goals
n
CHULA VISTA
NATURE
CENTER
- -
- -
· To operate the Chula Vista Nature Center as a
world-class museum according to the standards
of excellence established by the American
Association of Museums.
The AAM extended our accreditation until the year 2002.
· To increase annual attendance at the Nature
Center.
· To provide interactive, hands-on science field
trips for students.
We average two interactive filed trips a day.
· To protect, restore and enhance the natural
resources of Chula Vista found in the Sweetwater
Marsh National Wildlife Refuge.
We have been working on several restoration and enhancement
projects. And received $25/000 in grant funds from the USF&WS to
enhance the Refuge.
/"6'..1/
._-,._,-~_..,."._.._._,-..-
· To maximize revenue to support operations prior
to receipt of tax revenues from the Beneficial Tax
Assessment District.
The Bookstore will show a modest profit this year. Revenues at the
door are up about 10% over last year. We will earn significant
amounts from our current seawater project to cover some operating
costs and thereby decrease the amount we borrow from the City
· To operate the Bookstore as a profit-center.
The Bookstore will show a profit this fiscal year.
PERFORMANCE MEASURES
· To serve 50,000 visitors in 1996 - 1997.
We have served 22,308 in the first half of the year.
· To serve 10,000 persons in outreach programs by
June 30, 1997.
We have served about 6,700 in the first half of the year.
· To provide interactive, hands-on science field
trips for 5,000 students from the Chula Vista City
School District by June 30, 1997.
A total of 6,995 students were educated in calendar year 1996.
/dJ, .:1-2-.
--'''-'-~'-'''--''---_..'.''''--'-'--'..'''_.__.- ..,.,-,_...,,~.
. To provide interactive, hands-on science field
trips for 1,500 students from other school districts
by June 3D, 1997.
At least 3,000 students were educated in calendar year 1996.
. To provide 35 public programs at the Nature
Center by June 3D, 1997.
We have conducted more than 75 public programs so far this fiscal
year.
J4þ':1,,:J
.-... ..-,-.._,,-"
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"""----~
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CHUlA VISTA
OFFICE OF THE CITY CLERK
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NOTICE OF PUBLIC HEARING BY
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN lHAT A PUBLIC HEARING WILL BE HELD BY TIlE CITY COUNCIL of the City
of Chula Vista, California for the purpose of:
Consideration of development agreements for a portion of the Otay Ranch on approximately 2,470 acres of land located
generally south of Telegraph Canyon Road/Otay Lakes Road between Paseo Ranchero and the Lower Otay Reservior in the
City of Chula Vista as requested by the following property owners:
Otay Ranch, L.P.Nillage Development and Baldwin Builders
The proposed development agreements would facilitate future development of the property in accordance with previously
approved plans, which are on file at the City Clerk's office.
If you wish to challenge the City's action on these development agreements in court, you may be limited to raising only
those issues you or someone else raised at the public hearing, described in this notice, or in written correspondence delivered
to the City Council at or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL ON Tuesday, February 18, 1997 at 6:00
p.m. in the Council Chambers, Public Services Building, Chula Vista Civic Center, 276 Fourth Avenue, at which time any
person desiring to be heard may appear.
Otyrncb/annxlpubntda
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