HomeMy WebLinkAboutAgenda Packet 1997/03/04
'" declare ynder penalty of perjury that I am
employed by the (;:ity of Chn:;1 Vi3~:3 in the
Office of the City Gke,l, cnci ':",e¡t,
this Agenda/Nolioe on t;\G ",'c.,",',',' U ',,-i r,'~
Tuesday, March 4, 1997 the Public arvI es Ðu:ld¡n.~ ;::nd C\t {~;¡"i" (~2H on Council Chambers
4:00 p.m. DATED,~ ',).7 ~ SIGN¡~l)~~_" Public Services Building
VISED " '--
Rel!Ular Meetin~ of the Citv of Chula Vista itv Council
CALL TO ORDER
1. ROLL CALL: Councilmembers Moot -, Padilla _' Rindone _, Salas _, and
Mayor Horton _.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE
3. APPROVAL OF MINUTES: February 25, 1997
4. SPECIAL ORDERS OF THE DAY:
a. Presentation of Pedestrian Safety Award by Bob Garvin, District Manager, Automobile Club of
Southern California.
b. Proclamation proclaiming March 4, 1997 as "Education Day." Tbe proclamation will be
presented by Mayor Horton.
CONSENT CALENDAR
(Items 5 through 9)
The staff recommendations re,ardin5, the followin¡¡ items listed under the Consent Calendar will be enacted ~
the Council by one motion wIthout iscussion un ess a Councilmember, a member of the public, or Cir sta r¡
'W,uests that the item be pulled !t,0r discussion. If you wish to speak on one oj these items, please fit out a
" equest to Speak Form" availa Ie in the lobby and submit it to the City Clerk pnor to the meeting. Items f,ulled
from the Consent Calendar will be discussed after Board and Commission Recommendations ani! Action tems.
Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that the City Council did not meet in Closed Session
on 2/25/97. It is recommended that the letter be received and filed.
b. Letter of resi~nation from the Planning Commission - William C. Tuchscher II. It is
recommended t at the resilkation be accepted with regret and the City Clerk be directed to post
immediately according to t e Maddy Act lß the Clerk's Office and the Public Library.
6.A. ORDINANCE 2695 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH OTAY RANCH, L.P., A
CALIFORNIA LIMITED PARTNERSillP (second readin!! and adoDtion) _
On 6/25/96, the PlannÙ:r. Commission met jointly with Council to consider and
approve re-annexation evelopment agreements with the major pr0f,erty owners
of Otay anch. When the development agreements were origlßal y approved,
it was anti¥i:ated that the Otay Ranch annexation would be firialized by the end
of 1996. e development af.reements contained 12/31/96 expiration dates if
the annexation was not comf¡ ete by that time. While the reorganization was
ordered by Council on 12 17/96, a Local Agency Formation Commission
annexation condition was not met, the annexation was not completed, and the
agreements have e~tred. Staff recommends Council place the ordinances on
second reading an adoption. (Deput)' City Manager Krempl and Special
Planning Projects Manager, Otay Ranch
B. ORDINANCE 2696 ADOPTING THE AMENDED AND RESTATED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH BALDWIN BUILDERS (second
readin!! and adoDtion)
Agenda -2- March 4, 1997
7. ORDINANCE 2699 AMENDING SECTION 1.34.050 OF CHAPTER 1.34 (CLAIMS
REQUIREMENT AND PROCEDURES) AND SECTIONS 2.05.010
(UNCLASSIFIED POSITIONS ESTABLISHED) AND 2.05.020
(CRIMINAL CONDUCT - INELIGmILITY FOR EMPLOYMENT) OF
CHAPTER 2.05 (PERSONNEL AND CIVIL SERVICE REGULATIONS)
OF TIlE MUNICIPAL CODE TO CHANGE THE TITLE OF TIlE
"DIRECTOR OF PERSONNEL" TO "DIRECTOR OF HUMAN
RESOURCES" AND TO CHANGE THE TITLE OF THE "ASSISTANT
DIRECTOR OF PERSONNEL" TO "ASSISTANT DIRECTOR OF
HUMAN RESOURCES" (second readiM and adoDtion) - During one of the
budget workshops for fiscal year 1996/97, Council directed the change in the
title of the Personnel Department to "Human Resources Department." This
necessitates a change in titles for the Director and Assistant Director. Staff
recommends Council place the ordinance on second reading and adoption.
(Director of Personnel)
S.A. ORDINANCE 2700 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH SNMB, LTD. (second readiM and
adoDtion) - The purpose of this item is to present five restated pre-annexation
development agreements for properties on Otay Ranch. These are all
agreements that the Planning Commission and Council previously adopted but
which expired due to a provision of tbe prior agreements stating that they all
became null and void if the annexation did not occur by 1/1/97. The annexation
is still pendiDg. Staff recommends Council place the ordinances on second
reading and adoption. (Deputy City Manager and Director of Planning)
B. ORDINANCE 2701 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH JEWELS OF CHARITY (second
readin!! and adoDtion)
C. ORDINANCE 2702 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH STEPHEN AND MARY BIRCH
FOUNDATION (second readin~ and adoDtion)
D. ORDINANCE 2703 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH GREGORY T. SMITH AND
GEORGIANA R. SMITH (second readiM and adoDtion)
E. ORDINANCE 2704 ADOPTING THE RESTATED AND AMENDED PRE-ANNEXATION
DEVELOPMENT AGREEMENT WITH UNITED ENTERPRISES (second
readin!! and adoDtion)
9. RESOLUTION 18593 APPROVING AN AGREEMENT WITH THE CITY OF SAN DIEGO,
COUNTY OF SAN DIEGO, AND SWEETWATER AUTHORITY FOR
THE LOWERING OF WATER LINES CROSSING THE SWEETWATER
RIVER AND APPROPRIATING FUNDS - At the Council meeting of
1/21/97, the budget was amended to include a new Capital Improvement project
for the Golf Course Drainage Channel, Project DR 132. An initial $20,000 was
appropriated for the project. Staff indicated that additioDal funds would need to
be appropriated at the time the agreement was submitted to Council. Staff
recommends approval of the resolution. (Director of Public Works) 4/5th's
vote required.
· · · END OF CONSENT CALENDAR · · ·
Agenda -3- March 4, 1997
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 agentla.) If you wish to
address the Council on such a subject, please complete the "Request to Speak Under Oral Communications
Form" 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 udvertised 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 Form" available in the lobby and submit it to the City
Clerk prior to the meeting.
10. PUBLIC HEARING PeS 96-04: CONSIDERATION OF THE REMAINDER PORTION OF
PHASE 2A AND 5 OF VILLAGE FIVE OF THE OTAY RANCH SPA
ONE, TRACT 96-04, CONSISTING OF 262 SINGLE-F AMIL Y LOTS AND
265 MULTI-FAMILY UNITS ON 148.6 ACRES OF LAND LOCATED
SOUTH OF TELEGRAPH CANYON ROAD BETWEEN FUTURE LA
MEDIA ROAD AND THE FUTURE SR-125 ALIGNMENT - On 11/19/96,
Council approved Village One and Phase lA and a portion of Phase 2A of
Village Five of the Otay Ranch SPA One, Tract 96-04. The remaining 148.6
acres in Phase 2A and 5 of Village Five were continued to 117/97 because they
are located adjacent to land owned by West Coast Land Fund (WCLF). The
purpose of the continuance was to allow Village Development and WCLF the
opportunity to meet together with City staff to resolve any issues that WCLF
might have with this portion of the SPA One Plan. WCLF has not been available
or prepared to jointly participate in a cooperative replanning of their property
with adjacent property owners. Staff recommends the public heari~ be
continued and renoticed. (Special Planning Projects Manager, Otay Ranch)
Continued from the meeting of 2/4/97.
11. PUBLIC HEARING ACQUISITION OF CERTAIN RIGHT -OF -WAY ON 2620 MAIN STREET
FOR THE CONSTRUCTION OF THE "MAIN STREET WIDENING
FROM INDUSTRIAL BOULEVARD TO BROADWAY" PROJECT (ST-
961) - Portions of Main Street have been widened as development or
redevelopment of parcels has occurred. This project will widen and reconstruct
segments of MaiD Street from Industrial Boulevard to Broadway to their ultimate
width. Staff recommends approval of the resolution. (Director of Public
Works)
RES()LUTI()N 18594 DETERMINING AND DECLARING THE PUBLIC NECESSITY TO
ACQUIRE CERTAIN RIGHT-OF-WAY ON 2620 MAIN STREET FOR
THE CONSTRUCTION OF THE "MAIN STREET WIDENING FROM
INDUSTRIAL BOULEVARD TO BROADWAY" PROJECT (ST -961) AND
AUTHORIZING THE COMMENCEMENT OF CONDEMNATION
PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHT-
OF-WAY - 4/5th's vote required.
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Agenda -4- March 4, 1997
BOARD AND COMMISSION RECOMMENDATIONS
This is Ihe 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 CouncU, sUiff, or members of the general public. The items wUl 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" form available in the lobby and submit it to the City Clerk prior to the meeting.
None submitted.
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 nt the request 01 the public will be considered prior to those pulled by Councilmembers.
OTHER BUSINESS
12. CITY MANAGER'S REPORTlS)
a. Scheduling of meetings.
. Possible rescheduling of 3/13/97 Special Worksession/Meeting on Bayfront.
b. Department Head presentation:
(1) Human Resources;
(2) Police; and
(3) Engineering/Public Works.
13. MAYOR'S REPORTlS)
14. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on March II, 1997
at 6:00 p.m. in the City Council Chambers.
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February 27, 1997
TO: The Honorable Mayor and City Council
FROM: John D. Goss, City Man~
SUBJECT: City Council Meeting of arch 4, 1997
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, March 4, 1997. Comments regarding the Written Communications are as follows:
Sa. This is a letter from the City Attorney stating that the City Council did not meet in
Closed Session on 2/25/97.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b: IT IS RECOMMENDED THAT WILLIAM TUCHSCHER'S RESIGNATION FROM
THE PLANNING COMMISSION BE ACCEPTED WITH REGRET AND THAT THE
CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE
MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
JDG:mab
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CIW Of
CHUIA VISTA
OFFICE OF THE CITY ATTORNEY
Date: February 26, 1997
To: The Honorable Mayor and City Co
From: John M. Kaheny, city Attorney
Re: Report Regarding Actions Tak Closed session
for the Meeting of 2/25/97
The city Attorney hereby reports that the City council did not meet
in Closed session on February 25, 1997.
JMK:lgk
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276 FOURTH AVENUE· CHULA VISTA· CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
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WlLUAM C. TUCHSCHER II
." narr ,,36
February 13, 1997 ..
The Mayor and City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: PlanninQ Commission ResiQnation
Dear Mayor and City Council:
In late October, I was informed by Colony Advisors that an entity controlled by them, the West Coast
Land Fund and their partners, the FDIC, had completed a foreclosure on 1,061 acres of the OIay
Ranch project area.
An executive at Colony Advisors holds a minority interest (personally) In the Pointe San Diego project
which I represent in a brokerage capacity. It is important to note that no formal contract or
documents exist between myself and the owners of The Pointe project, but I have spent significant
time and effort to facilitate real estate transactions within the project and anticipate that a contractual
agreement will exist in the near future.
Despite the fact that there is no formal agreement between myself and the individual at Colony
involved in the West Coast Land Fund, I have disqualified myself from OIay Ranch deliberations to
preclude the perception of a conflict. The planning director and City attorney were previously advised
of this issue.
Many important decisions will come before the commission in the next several months regarding
Village development's project, the OIay Ranch annexation, the West Coast Land Fund property, and
related matters. It is also common knowledge that McMillin is proposing to acquire the West Coast
Land Fund property which has raised my concern regarding the make-up of the commission and its
ability to perform its duties. Currently we have one commissioner with a existing conflict of interest
on any matter involving McMillin. One seat remains vacant as a result of Mary Salas' election to the
City Council. My conflict creates a third challenge, and with various attendance problems (to be
expected with 7 busy volunteer oriented people). You can quickly see the potential to have only four
voting members (every vote needed to approve a project) or perhaps no quorum available at time
when critical decisions must be made. This could dramatically effect the long-term future of our city
and has surfaced as a challenge on two occasions already.
The citizens of Chula Vista deserve a unencumbered planning commission that is available to fully
participate in each deliberation. This is especially true in light of the long-term ramifications of
currently pending decisions. For this reason, I have decided to resign my position as Planning
Commissioner.
Also important to this decision is the fact that applications, interviews and appointments will be
considered to fill the seat vacated by Mary Salas. This presents an excellent opportunity for the timely
appointment of my replacement.
3633 Bonita Verde Drive, Bonita, California 91902
WIU'l1~ï:N ,'"", .. "'. :,"; :..,:::''''' /7\ 1'iONS
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This resignation does not mean, however, that I will reduce my Involvement or dedication to the
community. On the contrary, I retain my position on the Economic Development Commission and
will remain "Chula Vista's strongest advocatel" In this vein, I will follow this letter with correspondence
detailing my observations, Insight, and Impressions 01 current Issues, Important projects, and the
visions that have driven the decisions 01 myself and my colleagues during my tenure on the Planning
Commission. It is my hope that this document, when submitted for your consideration, will assist in
your efforts to govern our community as we enter the new millennium.
I must also '1hank you" as City Council and as individuals for the opportunity to serve the community
and work closely with each of you. I have learned a great deal from each of you and have enjoyed
sharing in your success and that of former council members; Greg Cox, Len Moore, David Malcolm,
Gail McCandliss, Tim Nader and Scott Alvey. Importantly, I also thank you for your friendship.
¿¿š2'~~/= ~
William C. Tuchscher II
3633 Bonita Verde Drive, Bonita, California 91902
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ORDINANCE NO. ~
,\\0 '
AN ORDINANCE OF THE CITY OF CHULA VI~~
ADOPTING THE RESTATED AND ~~ _
ANNEXATION DEVELOPMENT AGREEMENT ' OTAY
RANCH, L.P., A CALIFORNIA LIMITED NERSHIP,
AND VILLAGE DEVELOPMENT, A CAW' IA GENERAL
PARTNERSHIP ~~vO
WHEREAS, on June 25, 1996, the City Council approved a
Pre-Annexation Agreement between the City of Chula vista and Otay
Ranch, L.P., a California partnership, et al pursuant to Ordinance
No. 2679; and
WHEREAS, on November 26, 1996, the City Council approved
an Amendment to the Pre-Annexation Agreement between the City of
Chula Vista and Otay Ranch, L.P., a California partnership, et al
("Otay Ranch") and restated said Agreement pursuant to Ordinance
No. 2691 (herein referred to as "Previous Agreement"); and
WHEREAS, by the terms of the Previous Agreement, this
Agreement expired as of Jan. 1, 1997, because the annexation
proceedings was not completed by that date; and
WHEREAS, there is now a mutual desire by the City and
Otay Ranch to restate and amend the Previous Agreement in order for
the Previous Agreement to become effective once again ( "Restated
Amendment"); and
WHEREAS, on January 8, 1997, the Planning Commission
reviewed the Restated Agreement and voted to approve the same.
NOW, THEREFORE, the City Council of the city of Chula
Vista ordains as follows:
SECTION I: The Previous Agreement between Otay Ranch,
L.P. , a California limited partnership, Village Development, a
California general partnership, and the City of Chula Vista is
hereby amended, restated and adopted as set forth in the Restated
and Amended Pre-Annexation Development Agreement on file in the
office of the City Clerk as Document No. .
SECTION II: The Mayor of the City of Chula Vista is
hereby authorized and directed to execute said Restated Amendment
for and on behalf of the City of Chula Vista.
SECTION III: This ordinance shall take effect and be of
full force on the effective date of annexation as set forth in the
attached Restated Agreement.
Presented by Approved as to form by
George Krempl, Deputy City r^_~o :r~
John M. Kaheny, City At orney-
Manager
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REST~ ED AND AMENDED PRE-ANNEXATION AGREEMENT
THIS R TATED AND EN D PRE-ANNEXATION DEV LOPMENT AGREEMENT
(" Agreement" is made effective on the date her. inafter set forth
below by and among THE OTAY RANCH, L.P. , a California limited
partnership, V LAGE DEVELOPMENT, a California general partnership
("Developer") a THE CITY OF CHULA VISTA, a m nicipal corporation,
who agree as fol ows:
-iT This Agreement is with respect to the
following
evio ed
t'on evelo me 6
7 . This 1
an ex :to that
n w w t e'ns te t . e
1. 1 Owner. The wners o~the properties subj ect to this
Agreement (hereinafter colI ctiVj7Y referred to as "Owner" or as
"Developer") are as follows: ,
1.1.1 otay ~hCh, L.P. is the owner of appro xi-
mately 3,545 acres of 'developed real property in the
unincorporated area of ~ County of San Diego ("County"),
described in Exhibits A" and "F", attached hereto and
incorporated herein by this eference.
I
1.1.2 ~'aqe evelopeent is the owner of
approximately 35 acr s of un veloped real property in the
unincorporated area f the Cou y, described in Exhibits "B"
and "F", attached ereto and . ncorporated herein by this
reference. I
t
1. 2 ci tv. ,Jc/The City of Ch la Vista is a municipal
corporation and an inorporated city wi in the County.
I
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1.3 0 ut t'o and Ack owled n .
city is authorized ursuant to California
Government C de sections 65864 through 5869.5 to enter into
development agreements for the purp e of establishing
certainty or both City and owners of r al property in the
development process.
I
I
l 1. 3.2 Government Code section 65865 expressly
l
(
authorižes a city to enter into a developmen agreement with
any person having a legal or equitable in erest in real
property in unincorporated territory within tha city's sphere
of influence for the development of property a provided in
the Development Agreement Law; provided that e 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 Tò 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 SDhere 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, 199"3, 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. ci ty 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-
-3- II/A- ~
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. is the date of
adoption by the City Council of Ordinance No. approving this
Agreement. The ordinance shall take effect and be in full force on
the effective date of Annexation.
2. Definitions. 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 Plant 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
· 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
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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 Approvals, 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 Agreeme:A'E shall sesame cffeet.i -:e as a
, à&·.~elepJBefrt. a~reeB\éft~ ~peß the cffeeti~e date af the MP1exat.iefl.
("'ERe Effee'ti 76 Ðat.e") 1 previäeà I ha~J'e·:er I t.aat. if 'Efte Aftfteuat.ieft
Elsea Ret. eeeur B:A SF Bcfer& Jaftuary 1, 1997, 'Ehie A~reemeftt shall
se RaIl aßå veid. ~P1y af tRe fere~eiß~ ~e 'the esat.rary ftet~it.h
at.aP1àift~, fram the åat.e af first reaàißg af 'ERe eràiHanee appre~ißg
thia AgreemcRt, aßå uftless SF aRt!l this Agreemsßt. sees.as Rull aßå
veid, O~Rer shall Be BeaRd èy 'ERe terms af Paragraph t. 'Pae Tera
af 'Eàie hgreemeR'E fer ptirpSSC6 et.her thaPl raragrapa 4 shall Be,in
a~eP1 'Eae Effeeti~e Date, aßàsàall eeRtißue fer a peEled af tweP1~Y
(29) years ('-the TeriBlI) . This Aareement shall become effective as
a develoÐment aareement UÐon the effective date of the Annexation
(the "Effective Date"): Ðrovided. however. that if the Annexation
· does not occur on or before Julv 1- 1997 . this Aareement shall
become null and void unless the annexation croceedinas have been
extended bv LAFCO. If the annexation croceedinas have been
extended. this Aareement shall become effective UÐon the effective
date of such Annexation: crovided. 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
notwithstandina. from the date of first readina of the ordinance
annrovina this Aareement. and unless or until this Aareement
becomes null and void. Owner sha 11 be bound bv the terms of
ParaaraÐh 4. The Term of this Aareement for ÐurÐoses other than
· ParaaraÐh 4 shall beain UÐon the Effective Date. and shall continue
for a Ðeriod of twentv (20) vears ("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 "CII 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.
5. Vested Riahts. Notwithstanding any future action or
· inaction of the city during the term of this Agreement, whether
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such actian is by ardinanc¡e~ .fe:;;,gJ"utian ar palicy af the City,
Owner and Develaper shall háve a vested right, pravided hawever the
develaper is nat in default af its abligatians under this Agree-
ment, and except as may be otherwise pravided in this Sectian 5, to'
canstruct the praject in accordance with:
5.1 Existinq praiect Appravals.
5.2 Develapment af Prapertv. The develapment af the
Praperty will be gaverned by this Agreement and Existing praject
Appravals and such develapment shall camply and be gaverned by all
rules, regulatians, policies, resalutians, ardinances, and
standards in effect as af the Effective Date subject to' the
pravisians af sectian 5.2.1 belaw. The City shall retain its
discretianary autharity as to' Future Discretianary Appravals,
pravided hawever, such Future Discretianary Appravals shall be
regulated by the Existing praject Appravals, this Agreement, and
city rules, regulatians, standards, ardinances, resalutians and
palicies in effect an the Effective Date af this Agreement and
subject to' Sectian 5.2.1.
Natwithstanding the faregaing, the city may make such changes to'
the City's Grawth Management Ordinance applicable to' the praject as
are reasanable and cansistent with the purpase and intent af the
existing Grawth Management Ordinance and which are generally
applicable to' all private prajects citywide ar east af I-80S ar
within a specific benefit, fee ar reimbursement district created
pursuant to' the Califarnia Gavernment Cade.
5.2.1 New ar Amended Rules. Reaulatians.
Palicies. Standards. Ordinances and Resalutians. The City may
apply to' the Praject, including Future Discretianary Apprav-
als, new ar amended rules, laws, regulatians, palicies,
ardinances, resalutians and standards generally applicable to'
all private prajects east af I-80S ar within a specific
benefit fee ar reimbursement district created pursuant to' the
Califarnia Gavernment Cade. The applicatian af such new
rules, ar amended laws, regulatians, resalutians, palicies,
ardinances and standards will nat unreasanably prevent ar
unreasanably delay develapment af the Praperty to' the uses,
densities ar intensities af development specified herein ar as
autharized by the Existing praject Appravals. The city may
alsO' apply changes in City laws, regulatians, ardinances,
standards ar palicies specifically mandated by changes in
state ar federal law in campliance with Sectian 13.3 herein.
5.2.2 Develaper may elect with City's cansent,
to' have applied to' the praject any rules, regulatians,
palicies, ardinances ar standards enacted after the date af
this Agreement. Such an electian has to' be made in a manner
cansistent with Section 5.2 af this Agreement.
5.2.3 Madificatians to' Existinq PraiectApprav-
also It is cantemplated by the parties to' this Agreement that
the City and Develaper may mutually seek and agree to' madifi-
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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.
5.2.4 Future Discretionarv ADDrovals. 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
PurDoses. 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 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 Ma~agement
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 vestina. Nothing in this Agreement will
be construed as limiting or impairing Developer's vested right, if
any, to proceed with the d~v;e~.opmel1t and use of the Property
pursuant to the Federal and State Constitutions, and pursuant to
statutory and decisional law.
5.6 Vestina 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.
6. DEVELOPMENT PROGRAM.
6.1 processina 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
of professional consultants, will be reimbursed to city by
Developer.
6.2 Lenath of Validity of Tentative Subdivision MaDs.
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 MaD DeveloDment. 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 MaDS.
6.4.1 itA II MaDs and "B" MaDs. Developer shall
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 ("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 policies, 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.
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 Obliaations Under Subdivision
ImDrovement Aareement(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
Development. Whenever Developer conveys a portion of the
Property, the rights and oþlisations of this Agreement shall
transfer in accordance with section 15 herein.
7. DEVELOPER'S OBLIGATIONS.
7.1 Condition to Developer'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 o'f 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 PublicPurpos-
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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-."-,.....-...--
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 subiect to the Landfill
Nuisance Easements to ensure that this easement A!Feemeft~ 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 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 Dis~retionary 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/
· /'IA ". JIf
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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 wi thin the
City's jurisdiction, commence timely proceedings pursuant to
Title 7 (commencing with S 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
Developer's 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 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, 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 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 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 1-805. Alternatively, the Developer may be required
to actually construct all or portions of such access if, at the
· -15- 1'1,1--11,
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'Stréet. 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 Developer's agreement to pioneer all or
part of planned east-west access to SPA One.
7.10 Assurances of Comcliance. 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 Comclete 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 Existina Develocment Imcact Fee proaram Pavments.
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 Undeveloced Procerties. 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 Development Impact Fee Proqram. 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 Withholdinq 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 Development Impact 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 (liED Us ") 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
enti tIed 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 Development Impact 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; (H) 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; (Hi) complies with the
provisions of Government Code sections 66000-66009.
8.7 Standards for Financinq Obliqations 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.
· -17- 11~.JY
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 Capacity. 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 City sha 11 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 City 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.
-18- )¥I1"/'
.,.._..",...--, -.
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 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 at. la-",,- 61: ill 6EI\ii'ky -..:Biea are
eeßsia-e.e,rt, wit.h tohe pre-¡iaieRS af t.Rie ^greement. are a-:aila131c
t.e citoy aftå O\mer ~e puraae iR the eveRt. there is a sreaeh
pre-:iàeà, hs·...·e';er, REi t.heE' part.y shall have 'ERe rEmedy af
mBfte'Eary àaJBa~e9 aEjaiPlst. 'the et.her eueept. fer aft at....arà af
· lit.igatieR eest.a aRà at.terRcya fC&5.
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
-19- 11/19-J,.g
·
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 1.11 e'Eft~r remeàies at la\w· eE" ift etft:líty
·....i\ieh are eeRsis'Eeft'Ê \:ith t.À.e I3revisisRS af 'this A!reemeRt arc
a7ailahle te ei~y aRà OWßer ~e p~r6ae ill 'Eåe e~eR~ 'EBers is a
19reaeh. All remedies at law or in eauity which are consistent
with the Drovisions of this Aareement are available to citv
and Owner to Dursue in the event there is a breach Drovided.
however. neither Darty shall have the remedy 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 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 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.
-20- 1.y~4Þ,;J.1
~.,'_. .~C';-';.''''' _:.....~-'L. -~. . - ~--.--..._._.,.,._,.-
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 modificatio~.
·
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
Developer's 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- 1'1.11-,2).
'13.2 Unforeseen Health or Safety 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 City's
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 l:IUrsuant 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
Agréement 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
-22- I+'~"A'
-........-----..---.-
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 ~3.3.3, 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 mediat~on, 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 Project. 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
-23- ~¥".tl.'
·
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 actipn it deems reasonably appropriate to guarantee
payment.
15. ASSIGNMENT AND DELEGATION.
15.1 Assianment. 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 assignor 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. 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 Bindina Effect of Aareement. Except to the extent
otherwise provided in this Agreement, the burdens of this Agreement
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-.,.-.,..-.-.---.- -_..__._-""-_._----_._~
, 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 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 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 proiect 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
-25- II/A -;l¿,
·
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 Incorporation of Recitals. The recitals set forth
in Paragraph 1 of this Agreement are part of this Agreement.
16.8 Captions. 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 Cooperation. 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 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, 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 Develo~ment 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),
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
-26- /I/A.-j"
-" ~-~=-..._----
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
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 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
-27- III A -.a.r
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 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.
-28- J¥A'~'
---- . ...--.---.. - ---..----..-
SIGNATURE PAGE TO RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT
AGREEMENT
Dated this ____ day of , 1997.
"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. Baldwin, 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
I~A"'3"
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EXHIBIT A
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CJTY Of
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OTAY RANCH, L.P. 61 ~.;~
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EXHIBIT B
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VILLAGE DEVELOPMENT
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EXHIBIT "D"
Recording Requested By, and When
,- Recorded Please Return to:
Chief Administrative Officer
County of San Diego
1600 Pacific Hwy_
San Diego, CA 92101
,
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[Space above for Recorder's Use]
LANDFILL NUISANCE EASEMENT
AND
COVENANTS RUNNING WITH THE LAND
,
, (hereinafter referred to as "Grantor"), for valuable
consideration, does hereby GRANT to the COUNTY OF SAN DIEGO, a
political subdivision of the State of California (hereinafter
referred to as "Grantee") as the owner of the real property
located in the County of San Diego, California known as the "Otay
Landfill" which is more particularly described in "Exhibit A"
hereto (hereinafter referred to as the "Dominant Tenement") and
its successors in interest to the Dominant Tenement, an EASEMENT
(hereinafter referred to as "Nuisance Easement") over all that
--. real property located in the County of San Diego, California
\ described in. "Exhibit B" hereto_(hereinafter~referred to as the
, "Servient Tenement").
This Nuisance Easement is for the' use and benefit of Grantee
and its successors in interest and. invited guests in the conduct
of solid waste landfilling operations on the Dominant Tenement,
for the free and unobstructed passage on, onto, in, through, and
across the surface and airspace above the surface of the Servient
Tenement of the following things (hereinafter referred to as
"Nuisance Items"):
dust; noise; vibrations; any and all chemicals or particles
suspended (permanently or temporarily) in the air and wind
, including but not limited to methane gas; odors; fumes; fuel
particles; seagulls and other scavenger birds and the
excrement droppings therefrom; and the unobstructed passage
below the surface of leachate and other pollutants; and for
each, every and all effects as may be caused by or result
from the operation of a landfill which is now in existence
or which may be developed in the future,
together with the continuing right to cause or allow in all of
such Servient Tenement such Nuisance Items, it being understood
and agreed that Grantee, or its successors in interest, intends
, to develop, maintain and expand the landfill on the adjacent
. Dominant Tenement in such a manner that said landfill and the
_ easement grated herein will be used at all times in compliance
with all applicable State and Federal laws and the lawful orders
/Ý,f..,.3'/
of State and Federal agencies regulating environmental factors,
toxic and/or hazardous waste, and the operation of the landfill.
Grantor, for itself and its successors and assigns, does
hereby fully waive and release any right or cause of action which
they or any of them may now have or may have in the future
against Grantee, its successors and assigns, on account of or
arising out of such Nuisance Items heretofore and hereafter
caused by the operation of a landfill. ~
.
Grantor, for itself and its successors and assigns,
covenants and agrees, with the understanding and intent that such
shall run with the land, and which shall rUn with the land, that
neither they nor any of them will commence or maintain a suit,
action, writ, arbitration, or other legal or equitable proceeding
against Grantee or its SUccessors or assigns wherein the relief
sought is the cessation or limitation on the use of the Dominant
Tenement as a landfill. Grantor, for itself and its SUccessors
and assigns, covenants and agrees, with the understanding and
intent that such shall run with the land, and which shall run
with the land, that in the event that they violate the above
covenants of the foregoing sentence, they shall pay to Grantee
such attorneys' fees and costs as may be determined to be
reasonable by a Court of competent jurisdiction. Inquires or
requests for enforcement made by Grantor, its successors or
assigns to state or Federal agencies with regulatory authority
over the operation of landfills shall not be considered a
violation of this paragraph.
Upon the termination of use of the' Dominant,.. Tenement for
landfill purposes, (including completion of active landfill
operations and all closure and Post-closure activities), Grantor,
its successors or assigns may request that Grantee, its
successors or assigns, through the applicable legal procedure,
vacate or terminate this easement, which request will not be
unreasonably withheld.
Executed this day of , 1996, at San Diego,
California.
GRANTOR
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EXHIBIT "F" .1 I
PRE-ANNEXATION DEVELOPMENT AGREEMENT .
.1
Planning Area I Assessor Ownership Acreage
I Parcel Numbers
Duly Valley Parcel 595~70-33 Duly Ranch L.P. 15.39
Duly Valley Parcel 641~20-15 Olav Ranch L.P. 21.89
Dulv Valley. Parcel 641'{)20-rs Duly Ranch L.P. 10.00
Duly Valley Parcel 64 1 ~30: 13 )fay Ranch L.P. 97.36
Duly Valley Parcel 641~40~5 >tav Ranch L.P. 151.17
Olav Valley Parcel 641 ~60~4 >tav Ranch L.P. 8.16
Duly Valley Parcel 641 ~60'{)6 Duly Ranch L.P. 17.91
Olav Valley Parcel 641~70'{)1 Duly Ranch L.P. 87.86
Duly Valley Parcel 641~80~1 OIay Ranch L.P. 88.89
Duly Valley Parcel 642~40-16 OIay Ranch L.P. 13.99
Olav Valley Parcel 642~50-14 OIay Ranch L.P. 44.62
.. Otay Valley Parcel 642~50-24 Olav Ranch L.P. 29.36
Otay Valley Parcel 642~70~1 OIay Ranch L.P. 160.00
- Duly Valley Parcel 642~90~1 Olav Ranch L.P. 92.78
Olav Valley Parcel 643~10~3 Olav Ranch L.P. 19.92
Duly Valley Parcel 643~10~9 Olav Ranch L.P. 51.63
Olav Valley Parcel 643~20·10 Olav Ranch L.P. 159.37
Otay Valley Parcel 643~20-28 Olav Ranch L.P. 48.13
Otay Valley Parcel I 643~20·32 Olav Ranch L.P. 32.70
Dulv VaHey Parcel 643.{)50.{)I OIay Ranch L.P. 53.51
Duly Valley Parcel 643.{)60.{)4 Olav Ranch L.P. 268.55 .
Duly Valley Parcel 644~30~1 )fay Ranch L.P. 311.03
Duly Valley Parcel 644~30.{)6 )fay Ranch L.P. 255.85
Olav Valley Parcel 644.060-11 )fay Ranch L.P. 159.18
Otay Valley Parcel 644-070.0 I )fay Ranch L.P. 313.52
Dulv Valley Parcel 644~70~7 )fay Ranch L.P. . 285.85
Duly Valley Parcel 644~80~9 OIay Ranch L.P. 152.40
Olav Valley Parcel 644~90'{)2 OIay Ranch L.P. 299.60
Duly Valley Parcel 645~30-15 Olav Ranch L.P. 16.89
Duly Valley Parcel 645~30-] 8 I Olav Ranch L.P. I 102.10
Otay Valley Parcel 646~10~3 Duly Ranch L.P. 175.14
3,544.75 Total
OIay Valley Parcel 643~10-10 Village Development 17.06
In\'ened 'L' I 595'{)50~4 I Villa ee De\'elopmcnt 10.00
In\'ened 'L' I 595~50'{)7 I ViIlaee De\'clopmcnt ' I 2.50 I
In\'cned 'L' I 595.{)50.{)8 I Village Dcvclopmcnt I 2.50 I
In\'cned 'L' I 595~50~9 I ViIlaee Dc\'cJopmcnt : 2.50 I
¡ ! , .1-1.~6 Total
.
J4!A-'3'J
ORDINANCE NO. ~, ¿,
,,\Q~
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AN ORDINANCE OF THE CITY OF CHULA~\y A
ADOPTING THE AMENDED AND ~ PRE-
ANNEXATION DEVELOPMENT AGREEMEN BALDWIN
BUILDERS AND THE CITY OF C~ STA
o .
~-
/
WHEREAS, on October 15, 1996, the City Council adopted
the Pre-Annexation Agreement between the City of Chula vista and
Baldwin Builders pursuant to Ordinance No. 2690 ("Previous
Agrèement")¡ and
WHEREAS, by the terms of the Previous Agreement, this
Agreement expired as of Jan. 1, 1997, because the annexation
proceedings was not completed by that date; and
WHEREAS, there is now a mutual desire by the city and
Baldwin Builders to amend and restate the Previous Agreement in
order for the Previous Agreement to become effective once again
("Restated Agreement")¡ and
WHEREAS, on January 8, 1997, the Planning commission
reviewed the Restated Agreement and voted to approve the same.
NOW, THEREFORE , the city Council of the city of Chula
Vista ordains as follows:
SECTION I: The Previous Agreement between Baldwin
Builders and the City of Chula Vista is hereby amended, restated
and adopted as set forth in the Restated and Amended Pre-Annexation
Development Agreement on file in the office of the city Clerk as
Document No. .
SECTION II: The Mayor of the City of Chula Vista is
hereby authorized and directed to execute said Restated Agreement
for and on behalf of the city of Chula vista.
SECTION III: This ordinance shall take effect and be of
full force on the effective date of annexation as set forth in the
attached Restated Agreement.
Presented by . Approved as to form by
George Krempl, Deputy city CL.... ~9--0 ~_~
John M. Kaheny, city Att ney
Manager
C:lorlbaldwin.2nd
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UO'r,
AND AM PRE-ANNEXATION DEVELOPMENT AGREEMENT
THI RESTATED AND AMENDED PRE-ANNEXATION DEVELOPMENT AGRE
("Agreeme t") is made effective on the date hereinafter set
below by a d among the CITY OF CHULA VISTA ("City") and
BUILDERS, a California corporation, ("Baldwin"), who
follows:
h This Agreement is made with to the
following
. d
1. 1 Owner. T e owners of the pr erties subject to this
Agreement (hereinafter c 1lective1y refer ed to as "Owner" or as
"Developer" ) are as folIo .
.
1.1.1 Ba dwin is th Owner of approximately 1204
acres of undeveloped r al prop ty ("the Property") in the
incorporated area of the ounty, described in Exhibits "A" and
"C", attached hereto and nco orated herein by this refer~
ence. Portions of the Pr e yare located in Villages 10,
11, Planning Area 12 and the niversity Site of the Otay Ranch
Property.
f
1.1.2 The i,rop ty" is part of a larger area
commonly known, and ref red t herein, as "the Otay Valley
Parcel of Otay Ranch." /'
I
1.1. 3 B~dwin Builde is an entity in a Chapter
11 Bankruptcy proceeding n case numbe ND 95-13057-RR at U.S.
Bankruptcy Court at San Barbara where ~ bankruptcy trustee,
David Gould, obtained court order appro ng the employment of
Jimmy D. Johnson, as s forth in Exhibit "D .
1.2 ~. The city of Chula Vist a municipal
corporation with arter City powers incorpo within the
County.
1.3 and Acknowled
City is authorized to its
Charter, self-rule powers, and California Gove ent Code
sections 65864 through 65869.5 to enter into d velopment
agreeme ts for the purpose of establishing certaint for both
city a downers of real property in the development rocess.
,I
1. 3. 2 City enters into this Agreement pu uant
to the provisions of the California Government Code, its h me-
-1- /¿¡8-¡J..
"',
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 Owner's 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 . & 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-
-2- JJ/ß4Þ:J
...-........---.-......-
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 Owner's
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, regulations, 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 SDhere 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 Plannina Documents. On October 28, 1993, City and
County adopted the Otay Ranch General Development Plan/Subregional
Plan ("the GDpn) 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 City Ordinance. is the date of
adoption by the City Council of Ordinance No. 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".
·
-3- JYØ-If
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 (Le. , letters of
credit, cash deposits, performance bonds or land secured
public financing, including facility benefit assessments,
Mello-Roos assessment districts of similar assessment
-4- II/O·f
-"'-...----...
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 exa.mple, 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; (ii) 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- I.tIP-'
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 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
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 thr~sholds set forth
in the city's Municipal Code Section 19.19.040.
3. TERM. This Agre.cmeftt. shall èeeeme e.ffeet.ive as a
åevelepmeftt. alJFeemeR~ üpsø t.he cffee~i7e dat.e. af t.he. hftaexatieft
('ERe 'IEffes'Ëi-:e Daten) I pre-¡iàeEl, hs-..¡e-.oo:er, 'East. if 'Ehe 1J..""lf\eua'tisR
dees Re~ eeear eft SE' seiera Jaftaary 1, 1997, this Agreement ahall
se Hull sAå 7sid. Any af 'Efte fer&geiRg te 'Efte een'Erary Rst.with
st.aRdiRg, frem 'Efte dat.& af first. read!", af the eràift8RSe appre~ißg
this ~greemeRt., SRd aaless SF aRt!l t.àis Agree.SRt. sesame.s RaIl aaå
~eià, aURar shall se BeaRd sy the t.erma af Paragrapà 4. The Te.rm
af 'ERie A~ee.eRt fer parpes&s ether 'ERa" Paragraph t Baall èegiR
apsR the Effee~i7e Ða~e, aftå shall eeßtift~c fer a perieà af ~w~ß~Y
(29) year" ("the 'l'eE"lll"). This Aqreement shall become effective as
a develoDment aqreement UDon 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 Aqreement shall
become null and void unless the annexation Droceedinqs have been
extended bv LAFCO. If the annexation Droceedinqs have been
extended. this Aareement shall become effective UDon the effective
date of such Annexation: Drovided. however. if the annexation does
not occur bv the end of such extension(s). this Aqreement shall
become null and void. Anv of the foreqoinq to the contrarv
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_....m.._._..._._..__
notwithstandina. from the date of first readina of the ordinance
at)Drovina this Aareement. and unless or until this Aareement
becomes null and void. Owner shall be bound bv the terms of
ParaaraDh 4. The Term of this Aareement for DurDoses other than
ParaaraDh 4 shall beain UDon the Effective Date. and shall continue
for a Deriod of twentv (20) vears ( "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. Notwithstanding 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,
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 pèrtaining 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-805 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 iilclude 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.
-7- 11/8-"
5.1.4 ci ty 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 ànd bridge crossings.
5.1.5 ci ty 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 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 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 I-80S or
within a specific benefit, fee or reimbursement district created
pursuant to the California Government Code.
5.2.1 New or Amended Rules. Reaulations.
Policies. Standards. Ordinances and Resolutions. The City may
-8- 1'10-' 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 I-80S 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 changee: 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
At>t>rovals. 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 ADDrovals. 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
PurDoses. 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.
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- 11/8-/1}
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 vestina. Nothing in this Agreement will
be construed as limiting or impairing Developer's vested r~ght, 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 Vestina 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 obliaations under this Aareement,.
6. DEVELOPMENT PROGRAM.
6.1 processina 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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_..m'.______.._.
of professional consultants, will be reimbursed to City by
Developer.
6.2 Lenath of Validitv of Tentative Subdivision Macs.
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 Mac Develocment. 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 Macs.
6.4.1 "A" Macs and "B" Macs. 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 policies,
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.
·
-11- I¥ß-I:A.
6.4.2 Recordation of Final Subdivision Map in
Name of Builder or Third Partv. Developer may, if it so
elects, convey to a BuildeF' or third party any "super block"
lot(s) shown on the reèorded 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 Map in
Developer's Name: Transfer of Obliaations Under Subdivision
Improvement AareementCs\. 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 Riahts and Obliaations of
Development. 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 Developer'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 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- J"IJ-~..J
7.2 Dedications and Reservations of Land for PublicPurDoses.
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 S 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 of the land
·
-13- 1'10"'/'1
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 Reqardinq Thresholds. Upon
Developer's 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 Improvements Required bv a Subdivision 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 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 Obliqations of Another
Partv. or Are of Excessive Size. Capacity. Lenqth 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 Pioneerinq 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. 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- J~tl~ If'
----
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 Assurance of Compliance. Owner acknowledges that
the city is not required to ~nd 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 ~teps it deems necessary to cure the nuisance or hazard
at developer's sole cost and expense.
S. DEVELOPMENT IMPACT FEES.
8.1 Existina Development Impact Fee,Proaram Pavments.
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 DlF 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 DlF program on all the
undeveloped real properties which benef it from the provision of the
public facility through the DIF program, or provided as a condition
of Project Approvals.
· -15- ¡JIB""
8.3 Use of Development Impact Fee Proaram. The DIF
amounts paid to the City by Developer and others with respect to
the Area of Benefit shall be plac:;:ed 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 Development Impact 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 ("EDUs") 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 Development Impact 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- /1/t/-/7
-..---...---.....---
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. J 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 i~ 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 Catlaci 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.
10. ANNUAL REVIEW.
10.1 citv and Owner Restlonsibilities. city will, at
, least every twelve (12) months during the Term of this Agreement,
pursuant to California Government Code 565865.1, 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. J Review Letter. If Owner is found to be in com-
pliance with this Agreement after the annual review, city shall,
. -17- ¡I/O-If'
within forty-five (45) days after Owner's written request, issue a
review letter in recordable form tò 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 at lay eF ili el!f\ii ty wI:1ieh are
eeB5is~eft~ ~i~h the pre.iaießs af this Agree.aRt are a7ailaslc ~a
City anå awns): ~a paraüe iß tae eveRt there is a sreaea prs7iàcà,
B8ws".¡er, Reither party shall Ra7e ~h& remedy af mSßetarl damages
agaißst. 'ERe ether eneap'!. fer aft atlarå af litigatisft eea'ts aßEi
a'tt.erReys fees.
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
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.
-18- 1110-1"
---.------.--...--.-...-
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 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 Remedies YpSft Ðefault. 1ft tke e~eRt af a
àefa~l~ BY either party te thia ^§reemeft~, ~Re parties shall
aa7C the remedies af speeifie perfermaRee, maRàamus, iftj1:lfte
~ieft aAå e~ftCF e~ui~asle remeãies. !lei 'they par'Ê~l shall aa-:e
~fte remeày af mSft6'tary àa.a~es agaifts'E the ether I previàeà,
he~e7er, 'ERat tae award af aests af litigatisR and atterRcys'
fees shall Rat eeRs~i'Ê1:lte damages Based 1:lpeR a sreaek af ~ftia
Agreement ~~ere saaR aft a~arà is limi'teà te (i) tke sests af
· liti,atieFt iReurreà BY the city, aRå (ii) the IIfee" elf'ii-¡aleFi't:
af city's aests fer the ser~iecs attrisatasle te litigatisR
aRd represeRtatisRsy the Oity ~tterR6Y, iRsladiR, assistaRte
aRE! staff. All remedies at law or in eauitv which are consis-
tent with the Drovisions of this Aareement are available to
Citv 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 attorneys 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 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- I'/l/-.u
·
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 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.
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.
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 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 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 have
an impact on the immediate health or safety of the City's
residents or the City.
-20- I~ß-.J.I
- ----,-----<----"----...-..-....
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 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 subs~ction
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
-21- 1'18-.1'-
·
Communities Conservation Act ("NCCp"), locally proposed to be
implemented through the MUlti-Species Conservation Program
("MSCP"). The parties further re,cognize 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,'
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 interest 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
-22- I'Iß-J.1
--.-----.-.--'"'..-....-..
or delayed or conditioned. Provided, however, the City may
deny such delègation 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 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: Attention: Mr. Jim Johnson
Baldwin Builders
16811 Hale Avenue
Irvine, 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- J'Iß"~'¡
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 Pro;ect 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
pur.suant 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 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- 1'10-,1"
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
that such party shall do in order to accomplish the objectives and
purposes of this Agreement.
16.14 ODeratinq 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
désign 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- I'Iß-~¡'
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 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
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 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 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 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
-26- 1'10-,2 7
_~·"'_·____·__'_.'.'_~.._..".___.--..___n
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.
·
·
·
·
1,/1l-.1.Y
-27-
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
(
\
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-28-
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EXHIBIT A
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C1Y OF
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EXHIBIT "C' I
PRE.ANNEXATION DEVELOPMENT AGREEMENT
Olav Valley Parcel 643~70~1 Baldwin Builders 219.68
· Olav VaIley Pared 643~70~3 Baldwin Buildm 611.43
OIar Valley Parcd 644~80.{)6 Baldwin Buildm 160.11
Olav VaIlI:\' Parcel 644~80-07 Baldwin Builders 212.97
TOTAL t.204.19
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COUNCIL AGENDA STATEMENT
CjJ~r ~~ ITEM 7
2/25/97
Ordinance tJ." " Amending Section 1.34.050 of hapter 1.34
(Claims Requirement and Procedures) and se~~.05. 0 and 2.05.020
of Chapter 2.05 (Personnel and Civil se~~ gulati ns) of the Chula
Vista Municipal Code to Change the ~ the "Dire or of Personnel" to
"Director of Human Resources" to change th title of the "Assistant
Director of Personnel" to " nt Director of H an Resources".
ç,()~ /'
SUBMITTED BY' DIRECTOR OF HU~ RE~EsC'"
REVIEWED BY, C MANAGE'\.X¡ ~ ~ (4/5th Vol., Y08_ No.-l
During one of the budget work ops for FY 96-9 ouncil dir cted the change in the title of the
Personnel Department to "Human esources Department". Thi ecessitates a change in titles for the
Director and Assistant Director.
RECOMMENDATION:
BOARD COMMISSION RECOMMENDA
DISCUSSION:
This ordinance would amend the Municipal C to reflect the new name of the Human Resources
Department. As was discussed in the Council udg t Workshop, the City Council directed the change
to more accurately reflect the mission and ork of t t Department.
FISCAL IMPACT:
There will no fiscal impact as any ch ges on business c s and letter head will be accomplished
within current budgeted amounts f printing.
?-J
-..--"-" .... . ._--~._-~._-_._..._--
ORDINANCE NO. -/¿, f?
AN ORDINANCE AMENDING SECTION 1.34.050 (DELEGA~ OF CHAPTER
1.34 (CLAIMS REQUIREMENT AND PROCEDURES) AND IONS 2.05.010
(UNCLASSIFIED POSITIONS ESTABLISHED) AND~ .020 (CRIMINAL
CONDUCT - INELIGIBILITY FOR EMPLOy~rr OF CHAPTER 2.05
(PERSONNEL AND CIVIL SERVICE REGULA I ) OF THE CHULA VISTA
MUNICIPAL CODE TO CHANGE THE. E OF THE 'DIRECTOR OF
PERSONNEL' TO 'DIRECTOR OF HUM SOURCES' AND TO CHANGE THE
TITLE OF THE 'ASSISTANT DIR~R OF PERSONNEL' TO 'ASSISTANT
DIRECTOR OF HUMAN RESO~9 S'.
c,;'
,WHEREAS, during the 1996-97 Fiscal Year budget workshops, the City Council of the City of Chula Vista
, directed the Personnel Department to change it's title to 'Human Resources'; and
WHEREAS, with the change in name of the department, title changes for the Director and Assistant
Director of the Human Resources Department are required.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows:
SECTION I: Section 1.34.050 (Delegation) of Chapter 1.34 (Claims requirement and procedures) is
hereby modified to read as follows:
1.34.050 Delegation.
,
The functions of the city council required to be perfonned in considering and rejecting, approvir
compromising or settling claims provided for by this chapter are hereby delegated to and shall be
perfonned by the director of peRleRRel human resources. The director of finance may cause a warrant
to be issued upon the city treasul)' in the amount for which any such claim has bean allowed,
compromised or settled, by the director of peRleRRel human resources, provided such amount does not
exceed $10,000.
SECTION II: Section 2.05.010 (Unclassified positions established) of Chapter 2.05 (Personnel and
Civil Service Regulations) is hereby modified to read as follows:
2.05.010 Unclaaslfted positions established.
.
In addition to those unclassified positions specifically delineated in Section 500 of the charter of the city,
there are established the unclassified positions entitled deputy city manager, assistant to the city manager,
deputy city clark, assistant fire chief, assistant director of planning, assistant director of finance, assistant
director of peRlQRRel human resources, assistant director of building and housing, city engineer, director
of management s8lVÌces and infonnation services, redevelopment coordinator, housing coordinator, transit
coordinator, assistant director of community development, deputy director of public works/city engineer,
public infonnation coordinator, traffic engineer, deputy director of public works/operations, budget
manager, revenue manager, assistant director of management services and infonnation services, assistant
libraI)' director, police captain, special planning projects manager, assistant to the mayor and council,
border environmental business cluster manager and administrative assistant/office manager and Califomia
. border alliance group executive director, Califomia border alliance group analyst and Califomia border
alliance group secretaI)'.
SECTION III: Section 2.05.020 (Criminal conduct - Ineligibility for employment) of Chapter 2.L
(Personnel and Civil Service Regulations) is hereby modified to read as followed:
?......l
2.05.020 Criminal conduct-Ineligibility for employment.
A. Except as otherwise provided in this chapter, conviction (including pleas of guilty and nolo
contendere) of a felony or a misdemeanor shall be prima facie disqualification of an applicant for
employment by the city; provided, however, that the director of FIIA;IIRRIII human resources may
disregard such conviction if it is found and determined that mitigating circumstances exist. In
making such determination, the following factors shall be considered:
1. The classification, including its sensitivity, to which the person is applying or being
certified and whether the classification is unrelated to the conviction;
2. The nature and seriousness of the offense:
3. The circumstances surrounding the conviction;
4. The length of time elapsed since the conviction;
5. The age of the person at the time of the conviction;
6. The presence or absance of rehabilitation or efforts at rehabilitation;
7. Contributing social or environmental conditions.
B. The director of FIIA;IIRRIII human resources shall give notice of disqualification to an applicant
disqualified under this provision. Such notice shall be In writing and delivered personally or
mailed to the applicant at the address shown on the application for employment.
C. An applicant who is disqualified for employment under this provision may appeal such
determination of disqualification. Such appeal shall be in writing and filed with the city manager
within ten days of the date of the notice of disqualification. The city manager shall hear and
determine the appeal within ninety days after it is filed. The determination of the city manager on
the appeal shall be final.
D. Notwithstanding the provisions in this section, an applicant for a peace officer position shall be
disqualified, without right of appeal, from employment If the applicant has been convicted of a
felony.
E. Pursuant to Section 11105 of the Penal Code of the state, the following officers of the city are
authorized to have access to and to utilize state summary criminal history information when it is
needed to assist them in fulfilling employment duties set forth in this section: city manager,
assistant city manager, director of PIIA;IIRRIII human resources, chief of police, city attomey.
F. Pursuant to Section 11105 of the Penal Code of the State of Callfomia, the city council of Chula
Vista hereby authorizes the city manager to have access and to utilize state summary criminal
histOl}' information as a requirement for driving in the local public transportation service of Chula
Vista Transit and HandYtrans.
SECTION IV: This ordinance shall take effect and be in full force and effect on the thirtieth day from
and after its adoption.
Presented by Approved as to form by
Candy Emerson John M. Kaheny
Director of Human Resources City Attorney
~-3
.-.- --..--"---..------.
Item 8A, B, C, D & E -- continued to the meeting of 3/11/97.
~""I
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. ... ~-_.-- -- ._--. .---..---------.'"-
OJ RECEIVED ~.~
SOLOMON WARD S E IDE N 17U ifl4 1þ1 ~ff1 I T H , LLP
ATTORNEYS AT UW MJClIAEL ) ßRr:SlAl:ER A. HOLLAND DENTON
CITY OF ~~p, DANIEL E GARDEN"SWARTZ
M[CI-IAELA- GARDINER
CITY CLEmt~OlffCr r:RIC L. GORDON
C\THERJ:>.'EL. PIERCE
PAlJL S, MET~;cH AUSON L PIVONKA
IJARRY J- PROCTOR
Jr:FFREY A SCJ!NE1Df:R OF('OIl~~EL
RICHARD L SEIDE¡":Wt:RJ>\· JOSEPH J>L I.ESKO
Jr:FH,'EY II. SILBERMAN
MIGUEL A, S....IITII WILLlA....' 0. WARD, lIJ lI<ET.)
NORMA:-< L. S....\lT1-1
March 4, 1997 !JI:RAlD L SC'LO~IO'"
I-IER8ERTJ.SOlO,\IC:\
\ I'~, 'I:E~~ll'~AL CORl'c'R 'IION
VIA FACSIMILE and HAND DELIVERY
Mayor and City Council
City of Chula Vista
276 Fourth Avenue
ChuIa Vista, CA 91910
Re: United Enterprises, Ltd.
Pre-Annexation Development Agreement
Hearing Date: March 4, 1997
Agenda Item: 8E
Honorable Mayor and Members of the City Council:
We represent United Enterprises, Ltd. ("UE") regarding its proposed Amended and Restated
Pre-Annexation Development Agreement (the "Agreement") with the City of Chula Vista
(the "City").
Requested Action.
We respectfully request that:
1. Your City Council continue the second reading of Ordinance No. 2704
adopting the Agreement until March 11, 1997; and
2. At tonight's hearing, your City Council alter the language of Section 4.1 of the
Agreement to require that a certain subordination agreement be delivered by March 11, 1997.
Discussion.
UE has agreed to include in the Agreement a prov1S1on requiring UE to deliver a
subordination of UE's interests in certain property to the County of San Diego's Landfill
Nuisance Easement. Section 4.1 of the Agreement as currently worded would require UE to
deliver the subordination agreement by March 4, 1997.
For business reasons not directly related to the City's annexation of Otay Ranch, UE is not in
a position to deliver the subordination agreement until March 10, 1997. This morning the
County Board of Supervisors continued its consideration of approval of the subordination
401 B Street, Suite 1200 San Diego, California 92101 Telephone (619) 231-0303 Facsimile (619) 231-4755
[i
Mayor and City Council
March 4, 1997
Page 2
agreement until the County Board of Supervisors' meeting scheduled for 9:00 a.m. on
March 11, 1997.
Summary.
We respectfully request that your City Council continue its action on the second reading of
Ordinance No. 2704 until the City Council's March 11, 1997 meeting, and alter the language
of Section 4.1 of the Agreement as described above.
Sincerely,
C!-~
Cynthia L. Eldred
SOLOMON WARD SEIDENWURM & SMITH, LLP
CLEf dek
cc: United Enterprises, Ltd.
George Krempl, Deputy Cit:f1anager
Beverly Authlet, City Clerk
Ann Y. Moore, Assistant City Attorney
P,004920J ,01 A6027.002
- -----,--..--.--...---.--
COUNCIL AGENDA STATEMENT Item 9
/g".s93 Meeting Date 03/04/97
ITEM TITLE: Resolution Approving an Agreement between the City of Chula
Vista, City of San Diego, County of San Diego, and Sweetwater Authority
for the Lowering of Water Lines Crossing the Sweetwater River and
Appropriating Funds.
SUBMITTED BY' Œ='", "'''"''ti, W"h ~
REVIEWED BY, CityM~g~Ji ~ ~ (4I5tb'V.",Y..x.JIU
At the City Council meeting of Jan. 21, 1997, e budget was amended to mclude a new Capital
Improvement project for the Golf Course Drainage Channel, Project DR 132. an initial $20,000
was appropriated for the project. Staff indicated that additional funds would need to be
appropriated at the time the Agreement was submitted to Council. The Agreement is now ready
for Council approval.
RECOMMENDATION: That Council approve the resolution approving the Agreement and
Appropriating $150,000 from the Storm Drain Fund.
BOARDS/COMMISSIONS RECOMMENDATION: N. A.
DISCUSSION:
The Chula Vista golf course has experienced serious flooding over significant periods of time at
the west end of the course which disturbs regular play on the course. The problem is caused by
inadequate drainage downstream of the Willow St. Bridge in County Parks property. Two water
lines cross the drainage channel at an elevation that is too high. The pipes have acted as a dam
causing siltation upstream into the Golf Course which, in effect, causes a lot of water to stand on
the Golf Course. This situation also causes serious flooding and siltation problems with the
intersection of Willow St and Bonita Rd. Storm water in the street drains by pipelines exiting
onto the Golf Course property. When The Golf Course is flooded the pipes can't carry water
very well and they plug up with silt.
The affected agencies have met several times to address the problem. The water lines are both
old, with the newer one being constructed around 1928. They will both need replacement in the
not to distant future, (5 to 10 years), but both Agencies have indicated that the location would be
easterly of the Bridge due to environmental and access problems. The water Agencies will not
benefit by lowering the lines at this time because ofthe relocation of the future lines. However,
the Agreement provides that the City of Chula Vista and County of San Diego will agree to offer
free of charge, easements for water lines in the future at no cost to the water agencies. Since the
water agencies were not receiving benefits now, all parties agreed that their combined share
9-/
-.....-..-.....-------"....-.
Page 2, Item _
Meeting Date 03/04/97
should be 1/3 or 1/6 each.
The Agreement provides that Sweetwater Authority will act as the project manager and cause the
work to be accomplished. the Agreement also provides that the costs will be distributed as
follows:
AGENCY SHARE COST
City of Chula Vista 1/3 $166,000
County of San Diego 1/3 $166,000
City of San Diego 1/6 $ 84,000
Sweetwater Authority 1/6 $ 84,000
FUTURE COSTS
Boyle Engineering perfonned a Golf Course Drainage Study in 1980 to look at solutions to make
the course more playable as much as economically practical. They are under contract to update
that study and make recommendations for channel improvements to improve the current
situation. This may include dredging the current channel two to four feet deeper to allow better
drainage, which would clear the water out of the west end of the golf course more quickly after
stonns. Boyle Engineering is reviewing infonnation developed by our Survey Crew and the GIS
system to analyze drainage flow characteristics down between Willow St. and Plaza Bonita Rd.
Once those recommendations and cost estimates are received, staff will have a better
understanding of future costs. Any dredging now would not prove &uitful without the lowering
of the water lines.
COST SHARING CITY'S PROJECT
Since this project is likely to be done very quickly (March 1997), staff has not had time to pursue
a cost sharing agreement with the golf course or other benefiting parties. Staff believes that the
primary beneficiaries of lowering the water lines will be the golf course. However, there are
other beneficiaries including, the proposed Bonita Hotel, the street intersection of Bonita Rd.
and Willow St. and the residential subdivision on the north side of the golf course. The
residential subdivision on the north side of the golf course has been there since the 1960's, and it
would not be practical to get direct funding from those property owners. The problem is that as
the area silts up downstream:, the concrete channel on the north side of the subdivision can't drain
because the silting ofthe main channel causes it's elevation to be higher than the outlet of the
concrete channel. This causes constant ponding and creates a mosquito nuisance. However staff
believes it appropriate to use the Stonn Drain Fund to pay their portion.
9 -' c:<
Page 3, Item _
Meeting Date 03/04/97
The Golf course is also a beneficiary due to the situation that when the west end of the course
doesn't drain away swiftly after a storm, it disrupts play on the course. Also, this situation can
continue for extended periods of time when the dam is overflowing for 30 to 60 days. Although
the golf course is a beneficiary, staff believes we won't get a financial commitment from them
until other issues are worked with them and the Bonita Hotel. Even though the staff believes
that a case could be made for a portion of the project to be funded by gas tax, since the street
floods, a strict interpretation of the State's gas tax expenditure imply that the gas tax work has to
be made in the street right of way. Also, just lowering the water lines doesn't solve the problem.
The channel also needs improvement. Staff is not recommending gas tax at this time.
Staff recommends that the funds for the waterline portion of the Chula Vista share be front
funded entirely by the Storm Drain Fund.
Further negotiations should be conducted between the City, Bonita Hotel, and the American Golf
to attempt to get reimbursed for some of the cost oflowering the water lines as well as placing
financial responsibility for constructing future channel improvements. Even though negotiations
have not been completed for future reimbursements, staff recommends moving ahead now since
other agencies are agreeing to pay for 2/3 of the cost.
FISCAL IMP ACT:
The project will use reserves of the Storm Drain Fund in the amount of$150,000. Staff will
attempt to recoup a portion or all of the funds in future negotiations with the Golf Course and
Bonita Hotel representatives.
H;\SHAREDIENGINEER\GOLFDR2.AGR
February 26,1997 (5;17pm)
9-3
RESOLUTION NO. /8'..5'93
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA, CITY OF SAN DIEGO, COUNTY
OF SAN DIEGO, AND SWEETWATER AUTHORITY FOR THE
LOWERING OF WATER LINES CROSSING THE
SWEETWATER RIVER AND APPROPRIATING FUNDS
WHEREAS, at the City Council meeting of January 21, 1997,
the budget was amended to include a new Capital Improvement project
for the Golf Course Drainage Channel, Project DR 132; and
WHEREAS, an initial $20,000 was appropriated for the
project and staff indicated that additional funds would need to be
appropriated at the time the Agreement was submitted to Council;
and
WHEREAS, the Agreement is now ready for Council approval.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve an Agreement between the
City of Chula Vista, city of San Diego, County of San Diego and
Sweetwater Authority for the Lowering of Water Lines Crossing the
Sweetwater River, a copy of which is on file in office of the City
Clerk as Document No. .
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the amount of $150,000 is
hereby appropriated from the Storm Drain Fund reserves to the Golf
Course Drainage Channel, Project DR 132.
Presented by Approved as to form by
John P. Lippitt, Director of
Public Works
C:\r8\golfcr8e.dr
9-'1
,........ ...._______,," .····n._
AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO,
THE CITY OF SAN DIEGO, THE CITY OF CHULA VISTA
AND THE SWEETWATER AUTHORITY
THIS AGREEMENT, executed this day of , 1997, by
and between the COUNTY OF SAN DIEGO, hereinafter referred to as
"COUNTY, the CITY OF SAN DIEGO, hereinafter referred to as "SAN
DIEGO", the CITY OF CHULA VISTA, hereinafter referred to as
"CHULA VISTA", and SWEETWATER AUTHORITY, hereinafter referred to
as "AUTHORITY".
RECITALS
WHEREAS, there are two existing water lines crossing the
Sweetwater River west of the Willow Street Bridge in Chula Vista,
California; and
WHEREAS, the 32-inch diameter water line is owned and operated by
the AUTHORITY and the 3D-inch water line is owned and operated by
SAN DIEGO; and
WHEREAS, the present elevations of a portion of these two water
lines obstruct the flow capacity of the river under the bridge;
and
WHEREAS, this obstruction of river flow contributes to flooding
of the upstream golf course and silting of the storm water drain
pipes; and
WHEREAS, it is considered necessary that these problems be
eradicated by lowering the two water lines; and
WHEREAS, SAN DIEGO needs a future water line traversing the
Sweetwater River Basin at an alignment to be determined by an
alternative alignment study for ultimate capacity and right-of-
way easements are necessary for the provision of this line; and
WHEREAS, AUTHORITY needs a future 54-inch water line on the east
side of willow Street for ultimate capacity and right-of-way
easements are necessary for the provision of this line; and
WHEREAS, CHULA VISTA is planning future channel improvements in
the vicinity of the Willow Street Bridge.
9-~5
....----.-
AGREEMENT
NOW WHEREFORE, in consideration of the mutual promises set forth
herein, the parties agree as follows:
l. A portion of the 32-inch water line owned and operated
by the AUTHORITY and the 36-inch water line owned and
operated by SAN DIEGO across Sweetwater River beneath
the willow Street Bridge shall be lowered.
2. The two water lines shall be lowered for a horizontal
distance of approximately 200 feet. The vertical
distance shall be governed. by a scour analysis to be
prepared by the AUTHORITY.
3. The work to lower the water lines will be performed
between November 1, 1996 and April 15, 1997. The
lowering, however, may be delayed due to flooding
conditions in the Sweetwater River.
4. Every attempt will be made to obtain categorical
exemption for environmental impact since this project
will be within the disturbed area for San Diego
County's Sweetwater River Arundo Removal Project.
COUNTY will be the responsible party for all
environmental documents associated with this project.
5. COUNTY will be the lead agency for all environmental
documents associated with this project. In this role
the County will obtain the necessary permits for
construction including those permits required from the
U.S. Army Corps of Engineers, U.S. Fish & Wildlife
Service and State Fish & Game Department.
6 . The AUTHORITY will be responsible for preparing plans
and specifications for the lowering of the two water
lines and will be responsible for construction of
lowering the two water lines. SAN DIEGO will
coordinate with the AUTHORITY and furnish plans and
specifications relating to the 36-inch water line.
7. CHULA VISTA will be responsible for designing the low
flow channel between the Willow Street Bridge and Plaza
Bonita Road.
1--?,
_._.__..._~---~_._- ---".-..__..,-_._.__.._---_._,.~_..._,._,._-
8 . The total cost for administration, design, construction
and inspection for the lowering of the two water lines
will be shared by the four agencies as follows:
a. "COUNTY" one-third
b. "CHULA VISTA" one-third
c. "SAN DIEGO" one-sixth
d. "AUTHORITY" one-sixth
9 . The four agencies will make funds available to the
AUTHORITY in advance for their respective shares of the
estimated costs of the project. The estimated cost of
the project is $500,000.
10. All parties shall mutually defend, indemnify, and save
free and harmless, the other parties, and their agents,
officers and employees against any willful or negligent
acts or omissions of the parties, their agents or
employees in the performance of this agreement, and any
costs and expenses including attorney's fees incurred
by the respective parties on account of any claim
therefore.
11. . COUNTY and CHULA VISTA will provide at no cost to SAN
DIEGO the necessary easements for the construction of
the water line within said jurisdictions and as
determined by a future alignment study.
12. COUNTY AND CHULA VISTA will provide to AUTHORITY the
necessary easements for the construction of the 54-inch
water line along Willow Street.
9-7
- -'--'- ----_._-.-_.~-_..- - -...--
IN WITNESS THEREOF, the Parties hereto have executed this
Agreement on the day and year first above written.
COUNTY OF SAN DIEGO
By:
Clerk, Board of Supervisors
APPROVED AS TO FORM AND LEGALITY
By:
County Counsel
THE CITY OF SAN DIEGO
a municipal corporation
By:
George Loveland
Water Department
MANAGER
I HEREBY APPROVE the form and legality of the foregoing AGREEMENT
this day of , 19
-
CASEY GWINN, City Attorney
By:
KELLY J. SALT
Deputy City Attorney
CHULA VISTA
By:
Its:
SWEETWATER AUTHORITY
By:
\ 9-~ Its:
c:\document\joinpow.agr
--,......-.-.-.-...--..-- _·____·_________·_____·_,··_~·____···...._m
COUNCIL AGENDA STATEMENT
Item: /¿J
Meeting Date: March 4.1997
ITEM TITLE: PUBLIC HEARING: PCS 96-04: Consideration of the remainder portion of
Phase 2A and 5 of Village Five of the Otay Ranch SPA One, Tract 96-04,
consisting of262 single-family lots and 265 multi-family units on 148.6 acres of
land located south of Telegraph Canyon Road between future La Media Road
and the future SR - I 25 alignment.
SUBMfITTD BY, Sp,,", PI"""" Proi'''' ~ Otoy """
REVIEWED BY: CityManag~ 'wð 4/5thsVote: Yes_Nol)
On November 19, 1996, the City Council appr ed V~e One and Phase lA and a portion of Phase
2A of Village Five of the Otay Ranch SPA One, Chula Vista Tract 96-04. The remaining 148.6 acres
in Phase 2A and 5 of Village Five were continued to January 7, 1997 and subsequently to February 4
because they are located adjacent to land owned by West Coast Land Fund (WCLF). The purpose of
the continuance was to allow Village Development and WCLF the opportunity to meet together with
City staff to resolve any issues that WCLF might have with this portion of the SPA One Plan.
STAFF RECOMMENDATION: Continue the balance of Phase 2A and 5 of Village Five for three
weeks until the March 25 City Council meeting. The purpose of the continuance is to allow staff,
property owners and potential owners to resolve any outstanding issues,
DISCUSSION:
WCLF acquired, by foreclosure, 288 acres within SPA One on September 6, 1996. The majority of
this acreage is located in Village Five. After this portion of SPA One was acquired by WCLF, Village
Development revised their original tentative subdivision map submittal to delete the 288 acres in
question. The revised tentative subdivision map, excluding the southerly portion of Phase 2A and 5 in
Village Five, was approved by the City Council on November 19, 1996.
Since the City Council meeting on February 4, McMillin Properties has entered into escrow on the
approximately 1,036 acres currently owned by West Coast Land Fund, They have also submitted a
tentative subdivision map for Phase I of the remaining 288 acres within Otay Ranch SPA One. The
Technical Conunittee met to initially review the proposed new subdivision map on February 13. While
there may be some consistency issues with the adopted SPA, which will be analyzed during the
tentative map review process, representatives of the Planning, Engineering and Parks and Recreation
Departments determined that the design of the proposed subdivision map would be compatible with the
remaining portion of Village Five (southern portion of Phase 2A and Phase 5) owned by Village
Development.
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Item:----> Page 2
Meeting Date: March 4. 1997
At the February 4, 1997 City Council meeting, Council directed staff to report back at this meeting
regarding the status of West Coast Land Fund's potential sale of the property and what impacts that
might have on the Village Development project. McMillin Properties is currently proposing to
subdivide only the area north of East Palomar Street in Village Five with single family residential units.
The lot sizes and numbers are consistent with SPA One. The area south of East Palomar Street is
currently consistent with SPA One, however, McMillin has indicated that they will seek a SPA
amendment to this area in mid 1997. McMillin's current schedule would anticipate their Phase I
tentative map to be approved in May 1997. They have indicated that their escrow will be complete and
they will take title to the property when they receive an approved tentative map.
FISCAL IMPACT: There is no impact of processing the Tentative Map application on the General
Fund because Village Development is reimbursing the City through a deposit account. At this point in
time, Village Development is current with all payments,
Attachments:
Exhibit 1: Otay Ranch Tentative Map 96-04
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COUNCIL AGENDA STATEMENT II
Item
Meeting Date 3/4/97
ITEM TITLE: Public Hearing on the acquisition of certain right-of-way on 2620
Main Street for the construction of the "Main Street Widening from Industrial
Boulevard to Broadway" project (ST-961).
Resolution) g".?"7'ïrietermining and declaring the public necessity to
acquire certain right-of-way on 2620 Main Street for the construction of the
"Main Street Widening from Industrial Boulevard to Broadway" project (ST-
961) and authorizing the commencement of condemnation proceedings by
outside counsel to acquire said right-of-way
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: Ci" M_on);¡ l't ð~ (4/5ths Vote: Yes...x... No_)
Portions of Main Street have been widened as development or redevelopment of parcels has
occurred. This project will widen and reconstruct segments of Main Street from Industrial
Boulevard to Broadway to their ultimate width.
The widening of Main Street is being phased over a five year period. The first phase, which extends
from Industrial Boulevard to Broadway was budgeted as follows: Design funding in FY 93-94 and
FY 94-95; R.O.W. acquisition in FY 95-96 and FY 96-97; Construction is scheduled for FY 97-98
(drainage improvements) and FY 98-99 (street improvements). During the past few months we have
attempted to obtain the needed rights-of-way to construct the project. However, the owner of the
property, located at 2620 Main Street (Assessor's Parcel No. 622-1 I 1-12) Mr. Louis Fernandez, has
indicated his unwillingness to accept the City's offer. Our right-of-way acquisition consultant, Ryals
& Associates, has made proper offers to the affected property owner of record. Negotiations to
purchase the needed right-of-way will continue as we hope that settlement will be reached with the
owner without having to obtain a final order of condemnation from the court. The Council is
requested to initiate eminent domain proceedings now, in the event negotiations with Mr. Fernandez
prove fruitless.
RECOMMENDATION: I) Hold the public hearing; 2) approve the resolution of necessity to
commence the eminent domain process.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In order to acquire real property for public purposes, pursuant to Government Code Section
7267.2 the City must make an offer to purchase the property for an amount constituting "just
compensation." If an agreement for the voluntary purchase of the property cannot be reached,
the City may then duly notice and conduct a public hearing to consider whether or not to acquire
/J-J
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Page 2, Item
Meeting Date 3/4/97
the property by the exercise of its powers of eminent domain. At such a hearing, pursuant to
Civil Procedure Code Section 1240.030 the City must find and determine that:
A. The public interest and necessity require the project;
B. The project is planned or located in a manner that will be the most compatible with
the greatest public good and least private injury; and
C. The property sought to be acquired is necessary for the project.
In this case, the City presented Mr. Louis Fernandez with an offer to purchase the portion of his
property required for widening of Main Street (Assessor's Parcel No. 622-111-12) pursuant to a
letter dated September 3, 1996. The offer was based on an appraisal and complied in all respects
with the requirement of Government Code Section 7267.2. Subsequently, over the next few
months, the City's acquisition consultant, Ryals & Associates, met with Mr. Fernandez and his
tenant, Ms. Angie Estrada, in effort to reach agreement on the terms for the purchase. An
agreement could not be reached, and with the need to commence the construction of the project
approaching, City staff decided to agendize the item for the consideration of the use of the City's
eminent domain powers.
By certified letter dated February 13, 1997, City staff notified Mr. Fernandez and Ms. Estrada
of a public hearing scheduled for March 4, 1997 at which the City Council was to consider
adopting a "resolution of necessity" for the acquisition of their property. The letter informed
them of their right to appear and to speak to the City Council with regard to the City's right to
acquire their property. The letter also noted, appropriately, that the amount to be paid for the
property was IlQ1 the subject of the public hearing.
Staff believes that the findings required for the adoption of the resolution of necessity can be made
for the following reasons:
A. The public interest and necessity require that Main Street be widened and
upgraded in order to accommodate increased traffic flows in the area.
B. The project is planned or located in a manner that will be the most
compatible with the greatest public good and least private injury in that an
existing road is being widened only so much as is necessary to allow for the
completion of the road widening and related curb, gutter and sidewalk
improvements.
C. The property sought to be acquired is necessary for the project because it
is located directly in the path of the widened roadway.
/ /-;¿
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Page 3, Item
Meeting Date 3/4/97
Mr. Fernandez's property, as depicted on Exhibit "A" is necessary for the construction of the Main
Street widening project. Access to the subject property is from Silvas and Main Streets. Silvas
Street has a 61 foot wide right-of-way at the subject parcel and is planned to be widened to 72 feet,
including concrete curbs, gutters and sidewalks. Silvas Street is a two-lane street that connects Main
Street with Anita Street to the north. There is an old structure on the site that due to its location will
be demolished. The building is leased by the owner and the business (Angie's Place) will need to
be relocated.
The project will widen Main Street to a 102 foot wide right-of-way including concrete curb, gutters,
sidewalks and driveways. Portion of the street to the east and west of the subject parcel property
have already been widened. Currently, there are no sidewalks adjacent to Mr. Fernandez's property.
Main Street is a major east/west arterial with four lanes and a center turn lane.
The adoption of the requested resolution of necessity will initiate the proceedings to acquire the
necessary property rights for public street purposes and appurtenances in conjunction with the
subject project. The commencement of the eminent domain proceeding will require the filling of
a complaint with the Superior Court.
Our right-of-way acquisition consultant, Rick Ryals, is available at the Council meeting tonight, to
answer any questions concerning the acquisition of this property. Mitigated Negative Declaration
(Case No. IS 96-03) was prepared, cleared and posted with the County of San Diego on March 25,
1996.
The City Attorney has reviewed the resolution of necessity and determined that the requested action
is in accordance with all applicable laws, City codes and ordinances.
FISCAL IMP ACT: The cost of acquisition of the right-of-way is approximately $53,030 for the
actual property value, $20,000 for the relocating of the tenant plus an additional $2,500 to $15,000
for condemnation costs depending on whether or not the property owner legally challenges the City's
right to acquire the property or the amount of compensation being offered. The amount of
compensation is not a considering factor in the adoption of the resolution of necessity by the City
Council. Funds are included in CIP project ST961; Main Street Widening from Industrial Boulevard
to Broadway.
Exhibit A Right-of-Way Map #'or $e4¡JII.f-ð
H:IJ-lOME\ENGINEER\AGENDA \2NDST961,MC
February 26,1997 (2:17pm)
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RESOLUTION NO. /8'59'1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DETERMINING AND DECLARING THE
PUBLIC NECESSITY TO ACQUIRE CERTAIN RIGHT-OF-
WAY AT 2620 MAIN STREET FOR THE CONSTRUCTION
OF THE "MAIN STREET WIDENING FROM INDUSTRIAL
BOULEVARD TO BROADWAY" PROJECT (ST-961) AND
AUTHORIZING THE COMMENCEMENT OF CONDEMNATION
PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID
RIGHT-OF-WAY
WHEREAS, the city desires to widen Main Street from
Industrial Boulevard to Broadway (Project No. ST-961) ("Project")
in order to accommodate increased traffic flows and for other
public health, safety and welfare purposes; and
WHEREAS, in order to complete the Project, the City must
acquire certain right-of-way over property located at 2620 Main
Street as more particularly described on Exhibit A, attached hereto
and incorporated herein by this reference ("Property"); and
WHEREAS, on September 3, 1996, in accordance with
Government Code Section 7267.2, the city made an offer to acquire
the Property to Mr. Louis Fernandez, the owner thereof; such offer
was based on an appraisal and constitutes just compensation for the
Property; and
WHEREAS, the City has been unable to reach terms for the
voluntary acquisition of the Property in a timely fashion after
good faith efforts to do so; and
WHEREAS, in order to acquire the necessary interest in
the Property, it is necessary that the city Council conduct a
public hearing on the matter of adopting a resolution of necessity
to commence the eminent domain process; and
WHEREAS, pursuant to a certified letter dated February
13, 1997, the owner of record of the affected Property, Louis
Fernandez, was duly notified of the public hearing and his right to
appear and be heard on the matter of the interest to adopt the
resolution of necessity; and
WHEREAS, the owner was also informed that the adoption of
the resolution of necessity will authorize the acquisition of the
necessary property rights through eminent domain; and
WHEREAS, in accordance with California Code of civil
Procedure section 1245.235 the City properly noticed, and on March
4, 1997 properly conducted a public hearing to consider the
adoption of this Resolution; and
1
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WHEREAS, at such public hearing the city considered all
of the evidence submitted including all relevant staff reports, and
all evidence relating to the need for the Project and the
Property; and
WHEREAS, the City of Chula vista possesses the right to
acquire said Property by the use of the power of eminent domain in
accordance with California Code of civil Procedure and Section
1240.030 which provides that the power of eminent domain may be
exercised to acquire property for a proposed project if the
following conditions are established:
A. The public interest and necessity require the project.
B. The project is planned or located in a manner that will
be the most compatible with the greatest public good and
least private injury; and
C. The property sought to be acquired is necessary for the
project.
WHEREAS, the public interest and necessity require the
proposed project in that public safety dictates that the city of
Chula vista maintain a public road system, concrete curb and
gutter, sidewalks and driveways, designed and constructed to
accommodate traffic, health and safety demands; and
WHEREAS, generally accepted traffic and engineering
standards dictate that Main Street be widened to a 102 foot wide
right-of-way; and
WHEREAS, the proposed project is planned and located in
the manner that will be most compatible with the greatest public
good and the least private injury in that an existing roadway is
being widened and only the Property necessary for the widening is
being acquired; and
WHEREAS, the Property to be acquired as depicted on
Exhibit A is necessary for the proposed Project in that no other
property is available which affords the capability for the widening
of Main Street to currently accepted traffic and engineering
standards.
NOW, THEREFORE, THE CITY OF CHULA VISTA DOES HEREBY FIND,
RESOLVE AND DETERMINE, BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS
MEMBERS, AS FOLLOWS:
1. Proposed Use and Description of Propertv to be Acauired.
The Property, as more particularly described in the above
recitals and on Exhibit A attached hereto and incorporated herein
by this reference, shall be used for the construction of a portion
2
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of the Main street widening project (ST-961) and related
appurtenances between Industrial Boulevard and Broadway (the
"Project") in the City of Chula vista. The interest in the
Property to be obtained is an easement.
2. Findinas Related to Necessitv.
A. Public Interest and Necessitv Reauire the Proiect.
The public interest, convenience and necessity of
the city of Chula Vista, and its residents, require the
installation and maintenance of the Project to provide for safe and
proper traffic flows through this section of Main street.
B. proiect Planned and Located for Greatest Public
Good and Least Private In;urv.
The Project has been planned and located to be most
compatible with the greatest public good and the least private
injury in that an existing roadway is being widened and only the
property necessary for the widening is being acquired. Any other
feasible plan or location would cause even more significant impacts
on private property.
C. Prooertv to be Acauired is Necessarv for the
Proiect.
The property is necessary for the Project because it
underlies the property over which the widened roadway, curb, gutter
and sidewalk must be located.
D. Public Use Prooertv.
To the extent that any portion of the Property
includes property previously dedicated to public use, the taking by
the City as to any such portion is either for a compatible public
use consistent with and authorized by Code of civil Procedure
section 1240.510, or for a more necessary public use consistent
with and authorized by Code of civil Procedure section 1240.610.
3. Voluntarv Offer to Purchase the Prooertv Made.
As set forth in the recitals, above, an offer to purchase
the necessary easement in the Property for an amount constituting
just compensation, as determined by an appraisal, has been made to
the owners of record of the Property in accordance with Government
Code section 7267.2.
4. Authoritv to Proceed in Eminent Domain Granted.
The city of Chula Vista, as the designated responsible
lead agency for the Project, and all appropriate officers,
3
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representatives and attorneys, are hereby authorized and empowered,
as provided by and in accordance with the applicable provisions of
the Constitution of California, Government Code, Code of civil
Procedure, the City Charter and Municipal Code related to eminent
domain, to acquire the necessary easements to the property by
condemnation is the name of the City of Chula Vista to be used for
the municipal purpose of enhancing a transportation facility, and
for Health and Safety purposes, as and to that end, it is
authorized and directed to commence and to prosecute an action or
actions in eminent domain for the purpose of acquiring easements to
the Property.
5. Retention of Eminent Domain Counsel Authorized.
The city Attorney for the city of Chula Vista, as General
Counsel, and the law firm of Daley & Heft, special attorneys for
City are hereby authorized to prepare and prosecute in the name of
the city, such proceeding or proceedings in the proper court having
jurisdiction thereof, as are necessary for such acquisition; and to
prepare and file such pleadings, documents, briefs, and other
instruments and to make such arguments and to take such actions as
may be necessary in the opinion of said attorneys to acquire for
said City the said real property. Said attorneys are specifically
authorized to take whatever steps and/or procedures are available
to them under the Eminent Domain Law of the State of California
including but not limited to Code of civil Procedure, Title 7,
Chapters 1-12, sections 1230.010-1273.050).
6. Accrocriation of Necessarv Proceeds.
The proceeds required to fund the Project have previously
been appropriated and can be used for purposes of acquiring the
Property and paying Daley & Heft in connection therewith.
7. Issues of Uraencv. EXDediency. Desirability and
Necessity.
The acquisition of the Property is urgently needed to
expediently complete the Project and is manifestly desirable and
essential to the declared objects of the City. The City of Chula
Vista has urgent need for the immediate possession of such
Property, and the designated attorneys on behalf of the city are
authorized and directed to secure an order of court authorizing the
city of Chula vista to take possession of said Property at the
earliest possible date.
8. CEOA Comcliance.
The Council has previously reviewed and adopted a
Mitigated Negative Declaration IS-96-03 for the Project and
4
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_..,.__. __ __ ___n_ _ _____"_______..._.~__...______.__.___.
made all appropriate findings and adoptions required by the
California Environmental Quality Act ("CEQA") in connection
therewith. To the extent that the adoption of this Resolution in
and of itself will not generate any significant environmental
impacts, this action is exempt from CEQA in accordance with CEQA
Guidelines section 15061(b) (3).
9. IndeDendent iudament.
The city hereby finds and determines that their approval
of eminent domain proceedings, adoptions of this Resolution and
related findings made in connection therewith, were the product of
their exercise of their independent review and judgment.
Presented by Approved as to form by
John P. Lippitt, Director of Attorney
Public Works
C:\rl\conde.n..an
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LEGAL DESCR.JP1l0~ FOR. EASEME~T ACQUISITION FOR. R.JGHT OF WAY PURPOSES
APN:662-III-12
EXHIBIT" A
LEGAL DESCRIPTION
P A.RCEI A.
The southerly 51 feet of the easterly 140 feet of the westerly 25 acres of the NE 1/4 of the
NW 1 '4 of sec 22. T.18 S., R. 2 W.,S.B.B.M., excepting therefrom that land granted to
the County of San Diego per Parcels 63326-A, 63326-B and 63326-C of grant deed
65-6640, recorded in the office of the San Diego County Recorder on Jan 13th, 1965
PA.RCEL B
A strip of land 11 feet wide, lying westerly of. being concentric with, and adjoining that I
strip of land described in Parcel 63326-B of the aforementioned grant deed 65-6640.
Excepting therefrom that land described in .parcels 63326-..0.. and 63326-C of the
aforementioned grant deed 65-6640.
Also excepting therefrom that portion lying northerly of the southerly 205 feet of the
aforementioned NE 1/4 of the NW 1/4 of sec 22.
PARCEL C
That portion of the aforementioned NE 1/4 of the NW 1/4 lying northerly of the north
line of Parcel A, westerly of the west line of Parcel B, and southeasterly of a 20 foot
radius curve concave northwesterly, that is tangent to both the north line of Parcel A and
the west line of Parcel B.
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'f' L- 25' EAST UNE
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l··i.l PER M4310. I NE1/4,NW1/4,
~ \ SEC22 AlSO '
N E- E'L Y ROW PER
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I ÞJ, RS 1760 &:
.. MaN SO CO. I ~\ PM 4310.
ENGR (R-1723r
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I
10' EASEMENT TO UJ\
PACIFIC TELEPHONE &:
g TELEGRAPH Co. PER <, f'1M
BK7635, P106 REC. ~\
APRIL 30,1959. UJ, 4~W
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OELTA= 701'11'
<t. L=122.52' I
.\
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12' DRAINAGE EASEMENT §,
PER FILE /PAGE No 74547 ;:;1
UJ APRIL 27, 1965. BC
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APN co NORTH/SOUTH ~
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622-111-12 CENTER SEC22.
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140'dd 31.00'
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PARCEL C Z I 51'1
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-20, L- 1.59 I ~
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B 503.34 '
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II; SE COR OF THE
AREA TO BE ACQUIRED PAR A,B&: C= 3325.35 SF ( 0.076 AC) NE1/4, NW1/4
AREA OF 12' DRAINAGE SEC 22.
~ EASEMENT= 1681.55 SF (0.039 AC)
EXHIBIT "p.. "
~ .~ STŒ1IDIC PROJECT FlLE 15T961
.. DRAWN BY: JŒiH IIOOE5 DE OCI. TITLE: CI1Y OF CHULA VISTA PREPARED BY:
JAC ( GWf1IR
," RIGHT -OF -WAY ACQUISITION
DATI: SHEET 4 APPROVED BY:
7-2-96 Dr 4 SHlS SILVAS STREET II-It? C!NE J. IØ'IICOO
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CIlY OF
CHULA VISTA
COnNCII. INFORMATION
Item # /02. b
February)!f, 1997
,;15"
TO The Honorable Mayor and City Council
VIA John D. Goss, City Manage~
FROM Dawn Herring, Budget Manage~
SUBJECT Department Head Presentations at the March 4, 1997 Council Meeting
Presentations will be given at the March 4, 1997 Council meeting by Candy Emerson,
Director of Human Resources, Rick Emerson, Police Chief, and John Lippitt, Director of
Public Works.
Attached are the updated Goals and Objectives for each of these departments.
Attachments
C:\WPWIN60\BUDGET98\GOAL&OBJ. WPD
/2b -
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HUMAN RESOURCES DEPARTMENT
PROPOSED DEPARTMENTAL GOALS, OBJECTIVES
AND OUTPUT MEASURES
/.2b-/-j
""._'--~_._..'.-'...'_.-
I HUMAN RESOURCES I
0250
Goals:
1. Recruit and retain qualified individuals to work for the City of Chula Vista.
2. Recruit and place volunteers in City departments.
3. Conduct training sessions on relevant supervisory and management topics for
employees.
4. Provide comprehensive health and welfare benefits to all eligible employees.
5. Promptly and accurately process applications and claims; respond to employee
questions and concerns quickly.
6. Provide staff support to management negotiating teams.
7. Respond to employee concerns, and insure, through proper application of policies
and procedures, fair and equitable treatment of all employees, including
coordinating appeals of discipline to the Civil Service Commission.
I;4Þ~J-~
"--"--_.~.. -- ---
I HUMAN RESOURCES I
0250
Objectives
Continually work to improve and develop effective advertising tools and recruiting and
testing strategies to insure that the City is hiring the best qualified employees.
Work with supervisors and managers in all phases of the personnel system-performance
evaluations, employee discipline, training, management referrals to the Employee
Assistance Program, classification and salary issues, Workers' Compensation issues,
employee grievances and complaints, general and specific labor/management issues, and
policy development, implementation and enforcement - - to insure that the City's and
employee's needs are best met.
Work with department managers to assess the need for volunteers and place volunteers in
a timely manner.
Assess the need for and provide training for managers and supervisors in the areas of
labor relations, supervisory skills, policy implementation and applicable labor laws.
Provide information to managers about training opportunities throughout the County.
Conduct annual Health and Benefit Fair to educate employees.
Administer benefit plans to maximize benefits to employee and minimize cost to the City.
Conduct wage and benefit surveys.
Develop policies and procedures that result from the meet and confer process.
Conduct research for negotiations.
Assist in developing contract language and management proposals.
Coordinate and oversee the Civil Service Appeal process.
/;;b-j-3
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I HUMAN RESOURCES I
0250
OUTPUT MEASURES:
DESCRIPTION Unit FY 95-96 FY 96-97 FY 97-98
Number of Applications Received number 2884 4282 4000
Number of Recruitments Conducted number 49 70 70
Number of Assessment Centers number 3 4 4
Number of Performance Exams Developed number 10 14 15
Number of Job Fairs number 2 3 3
Number of Recruitment Presentations number 18 20 20
Number of Volunteer Applications Received number 635 700 700
Number of Volunteers Placed number 11 200 200
Number of Training Hours Provided number 7000 3000 3500
Number of Employees Trained number 675 170 750
/J.I:> -/- i
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I INSURANCE I
0700
Goals
To promote and develop a safe and healthy environment for City employees and
the public that we serve to control and reduce liability exposures in order to
preserve the City's assets and service capabilities.
J.2b - j-£'
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I INSURANCE I
0700
Objectives
Benefits - Provide health and welfare benefits to all eligible employees through
education, and prompt processing of applications and claims.
Liability - Control and reduce liability exposures in order to preserve the City's
assets and service capabilities.
Workers' Compensation - Provide prompt benefits and assist injured workers in
returning to the work place and to reduce the cost per claim filed.
Safety - Provide safe working conditions for all employees through the use of
safety equipment, proper job instructions, frequent review of safety practices
and procedures and conscientious supervision.
J,)b~/-t
-"- ---'--'---.",--.--.". __ ____._____M"__'_____·_ _"m'_'~_'_'_
I INSURANCE I
0700
OUTPUT MEASURES:
DESCRIPTION Unit FY 95-96 FY 96-97 FY 97-98
Benefits:
# of Health/benefits fairs/training sessions held. number 10 9 15
# of Reimbursements processed per year number 3,000 3,250 3,250
% processed within 10 working days percent 100% 100% 100%
# of employees enrolled in health & welfare plans number 1,228 1,262 1,200
Liability:
# of claims filed, processed and monitored number 99 120 120
# of claims processed within government code percent 100% 100% 100%
limits.
Property damage recovered number $30,000 $40,000 $40,000
Workers' Compensation:
# of claims files, processed and monitored number 201 200 200
% of injured workers returning to work percent 97% 99% 99%
Reduced cost per claim number -- (2%) (5%)
Safety:
# of safety inspections conducted annually number 15 12 15
% reduction in the number of on-the-job injuries percent -- 5% 5%
# of safety training courses provided per year number 20 25 30
/.2.b -/ - ?
~U'_'m_.'____'__'·' .__.
HUMAN RESOURCES DEPARTMENT
UPDATE OF EXISTING DIVISIONAL GOALS, OBJECTIVES
AND OUTPUT MEASURES
.
J~þ-J~~
~.~.__...__...__ ,.._."_.. ...._______.w _. ....___._,.___.__.__,,_. n_..___'
PERSONNEL OPERATIONS
RECRUITMENT OF CITY EMPLOYEES
0250
Goals:
To recruit qualified individuals to work for the City of Chula Vista.
Objectives:
Advertise City openings in professional journals and newspapers.
Conduct assessment centers and various examinations to select the top
qualified candidates.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Total Applications Received each 2884 5282 4000
Total Recruitments Performed each 49 70 70
J c;2,þ - J " 1
FY97-98 proposed Budget/Goals & Objectives
--....- u___ --.--.-..-..-.---........"----.-
PERSONNEL OPERATIONS
STAFF SUPPORT FOR LABOR NEGOTIATIONS
0250
Goals:
Provide staff support for the various management bargaining teams.
Objectives:
Conduct wage and benefit surveys.
Produce accurate tables and charts for comparison purposes.
Research negotiation history.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
MOU contracts expiring I each I 2 12 I 3
/;2.);; - / - /0
FY97-98 Proposed Budget/Goals & Objectives
_.___..._____________ __ ______....__m__._.....________.._. "'_'._"'__
PERSONNEL OPERATIONS
TRAIN CITY EMPLOYEES
0250
Goals:
Conduct training sessions for 100 managers and supervisors.
Objectives:
Provide training opportunities for managers throughout the City in the
area's of labor relations, supervisory skills, policy implementation and
labor law's.
Inform managers and supervisors of training opportunities throughout the
County.
Maintain membership in County-wide Training Consortium.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Total Training Provided I hours I 7000 /3000 I 3500
/2h --j-)/
FY97-98 Proposed Budget/Goals & Objectives
-.,.",.-".- - -~_._---_..-..~-_._-- --- .
PERSONNEL OPERATIONS
PROVIDE BENEFITS TO CITY EMPLOYEES
0250
Goals:
Provide health and welfare benefits to all eligible employees through
education and prompt processing of applications and claims.
Objectives:
Provide health and benefit fairs for all employees to inform them of
services available.
Distribute Health and Benefits booklet to explain health and benefit
selections.
Administrate health and benefit plans in a timely manner.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Number of health/benefits fairs #/year 2 9 15
Number of Reimbursements processed #/year 3000 3250 3250
% of reimbursements processed-
in 10 days or less Percent 100 100 100
/;2þ-J-/02
FY97-98 Proposed Budget/Goals & Objectives
.--..-..-.--.-.-..-.......,--
VOLUNTEER SERVICES
RECRUIT AND PLACE VOLUNTEERS IN CITY SERVICE
0255
Goals:
To recruit and place volunteers throughout the City.
Objectives:
To place volunteers where they are needed in order to help with the
increasing workload City-wide.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Number of apps City-wide I each I 635 1700 I 700
);2.b ../ - /3
FY97-98 Proposed Budget/Goals & Objectives
-...---.,..----.....--- - -- --------"-------_._~...__._-
INSURANCE
BENEFITS
0700
Goals:
To provide health and welfare benefits to all eligible employees through
education and prompt processing of applications and claims.
Objectives:
Provide health and welfare plans as well as training on these plans.
J;2}~/-JY
FY97-98 Proposed Budget/Goals & Objectives
....,~..."...."-_._.,..-
INSURANCE
LIABILITY
0700
Goals:
To control and reduce liability exposures in order to preserve the City's
assets and service capabilities.
Objectives:
Increase training and awareness programs to reduce the City's exposure to
liability; and emphasize how adherence to mandated response times will
reduce exposure.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
# of claims filed, processed # / yr 99 120 120
% of claims processed w/in limits % 100 100 100
Property damage recovered $ 30000 40000 40000
# of safety training courses held # 20 25 30
);¿b-/-j5
FY97-98 Proposed Budget/Goals & Objectives
HH____. -.--.. _.---- . .-.---.--------..-..---,
INSURANCE
SAFETY
0700
Goals:
To provide safe working conditions for all employees through the use of
safety equipment, proper job instruction, frequent review of safety
practices and procedures and conscientious supervision.
Objectives:
Conduct safety inspections city wide, hold safety training courses and
promote safety awareness City-wide to reduce the number of injury claims.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
# of safety inspections # / yr 15 12 15
% reduction in on the job injuries percent 0 5 5
# of safety training courses # / year 20 25 30
);2b -/-/b
FY97-98 Proposed Budget/Goals & Objectives
_ _ _ __H~·_ ~._. ~..___ _ _ ~__._
POLICE DEPARTMENT
PROPOSED DEPARTMENTAL GOALS, OBJECTIVES
AND OUTPUT MEASURES
/J.b-;)-¡
--,-....--..- ..,--..---"
GOALS
The mission of the Chula Vista Police Department is to enhance
the quality of life in the City of Chula Vista by:
Providing a proactive and professional level of police service
ensuring safety through commitment, integrity, and trust
Managing resources effectively
Treating all persons with fairness, respect, and dignity
Maintaining a partnership with the community to meet
contemporary and future challenges
Additionally,
· "Stop Crime Before it Occurs"
· Enhance technology.
· Establish short and long range strategic planning.
· Look for ways to increase Police visibility.
J;2.b -;2-;2..
__._._..__u,"___..._"
OBJECTIVES
· To strengthen our response to selective and proactive enforcement issues by providing
resolution strategies to crime problems. This will be accomplished through Problem
Oriented Policing Projects and proactive intervention.
· Maintain zero vacancies reference patrol strength.
· To actively meet the Growth Management Oversight Committee's response threshold
standards.
· Increase Community Support through expansion of our volunteer base, SVPP, CAST,
Reserves, Mounted Police, Explorers and School Patrol.
· To increase visibility of Police Department in the Community.
· Work with the Community to identify areas of concern for crime and/or quality of life
issues (i.e., narcotics enforcement, abandoned vehicle abatement).
· Proactively deal with crime trends and crime locations by analyzing data, making
arrests, providing extra service in an attempt to eliminate repeated calls for service.
· To enhance proactive enforcement through community involvement. This includes
selective enforcement, sobriety check points, community forums and prevention
programs.
· To enhance traffic safety through education, training and proactive enforcement.
· To increase communications technology by implementing Computer Aided Dispatch
(CAD) including mobile data terminals and 800 Mhz radio system.
· To maintain current regional task force participation (narcotics, auto theft, gang
intervention) while evaluating possibilities to expand.
· To conduct inspections of police regulated businesses to ensure compliance with
current licensing regulations.
· To enhance school safety and outreach to school age youth by enhancing school
resource outreach, conducting truancy sweeps, developing additional prevention and
diversion strategies.
· To pursue investigative strategies to increase clearance rates on cases, re-open
unsolved homicides, etc.
· To increase the number of animal adoptions, reduce euthanasia, and enforce animal
regulations and licensing in the region.
· Increase regional involvement through cooperative agreements with FBI, DEA,
Customs, CBAG, JUDGE, RATT, NTF, and local police agencies.
· Decrease General Fund Reliance through partnerships with the community, contractual
agreements and grant funding.
· Development of a strategic plan to address staffing, automation and Police/Animal
Shelter Infrastructure needs for the future. J
J.Jb-J.-
....--..--.-.
OUTPUT MEASURES
DESCRIPTION I UNIT I FY95-96 I FY96-97 I FY97-98
Meet response time standards p- % calls 84.9% 85% 84%
Meet response time standards P-II % calls 63.4% 63% 62%
Respond to calls for service Number 73,500 72,500 72,500
Total calls taken for Police and Fire response Number 252,600 250,000 250.000
Total arrests Number 5,487 4,907
Reduce total traffic accidents Number 1,604 1,600 1,500
Conduct DUI check points Number 12/year 12/year 12/year
Impound abandoned vehicles Number 1,500 1.500 1,600
Traffic citations Number 16,700 13,500 13,500
Parking citations Number 17,300 17,800 17,800
Regional Participation
RA TT Participation Staffing 3 3 3
JUDGE Staffing 2 2 2
Operation Alliance Staffing 1 1 1
Narcotics Task Force Staffing 1 1 1
Marine/Air Group (New) Staffing 0 0 0
Business Inspections Number 30 100 200
Respond to citizen narcotics complaint Number 280 280
Seizures $ 501,000 500,000
Revisit Unsolved Homicides Number 1 1 1
JUDGE Vertical Prosections Number 15 24 24
Respond to CAU Requests for Info Number 200 135 135
Analyze crime trends Frequency Weekly Weekly Weekly
Business Alert Programs Number 10 10 10
Conduct Commercial Inspections Number 10 10 10
Process new alarm permits/renewals Number 970 1,000 1,000
Coordinate SVPP Hours 600 500 300
Increase animal adoptions Number 150/mo. 150/mo. 165/mo.
Conduct Background Investigations Number 296 200 200
Process Report Packages Number 26,000 26,000
Transcribe Reports Number 4,000 5,000 5,000
CAL-ID latent print entries Number SO/mo. SO/mo. SO/mo.
Latent print process Number 627/yr. 650/yr.
Evidence (booked) processed Number 19,640 20,000
Evidence Returned Number 1,334 1,500
Increase number of volunteer hours Number 71,433 87,000 92,000
Communication 800 Mhz Date /-2 j., -;¿-J.j Sept. 97
(
.--..-..,...--
DESCRIPTION I UNIT I FY95-96 I FY96-97 I FY97-98
Total PD budget; % non General Fund % 10% 8%
Redeploy Desk Agents Number 2 3
Increase ESRO School partnership Number 2
Develop Strategic Plan Date Jan. 98
OCR Technology for Records Management Date Mar. 98
Find funding for technology upgrades Date Jul. 98
(workstations)
Implement CAD/MCT Phase I Date Oct. 97
l;2b~;2---S--
.-~..__... .-..
POLICE DEPARTMENT
UPDATE OF EXISTING DIVISIONAL GOALS, OBJECTIVES
AND OUTPUT MEASURES
/Jo-2-1;
~____.._m._.~.___._._________...__.·.~.'_·_·__'_
POLICE ADMINISTRATION
MAINTAIN A ZERO VACANCY RATE
1011
Goals:
Maintain a zero vacancy rate for Uniform Patrol Division and Communications
Center.
l~b-..2-7
FY97-98 Proposed Budget/Goals & Objectives
----.."---...---
POLICE ADMINISTRATION
SEEK GRANT FUNDING
1011
Goals:
Continue to seek grant funding and re-coup operating costs to diminish
reliance on the General Fund.
Jjb-;2 -[)'
FY97-98 Proposed Budget/Goals & Objectives
- -----..-..--------- .----.........-
POLICE AUXILLIARY SERVICES
ADM SVCS UNIT: INCREASE OVERALL UNIT EFFECTIVENESS
1020
Goals:
Administrative Services Unit:
Improve overall unit effectiveness by revising the process for internal
affairs investigations, notifying the public of police department
recruitment opportunities, and regionalizing training in San Diego County.
Objectives:
1- Create an automated database for the tracking of internal affairs
investigations to ensure proper monitoring and progress through the system.
2. Create a telephone voice mailbox to provide information on recruitment
opportunities for civilian, sworn and volunteer personnel.
3. Decrease the number of employees attending training courses outside of
San Diego County.
4. Efficiently process background investigations.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Database Development Time 12/96
Create a VoiceMailbox for Openings Time 12/96
Conduct Background Investigations # 296 200 200
/2/:;-:<-9
FY97-98 Proposed Budget/Goals & Objectives
.-"..-.--.....--.-----.-p.-
POLICE AUXILLIARY SERVICES
BUSINESS OFFICE: MAINTAIN CURRENT SERVICE LEVELS
1020
Goals:
Business Office:
The goal of the Business Office is to maintain the current level of service
provided to the public, police personnel and other law enforcement
agencies, depite a decrease in staffing, through the use of volunteers.
Objectives:
Review and revise processes and procedures for greater efficiency.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Process Report Packages # 26,000 26,000
Transcribe Reports # 4,000 5,000 5,000
Phone Reports by CSOs # 1,600 1,600
Front counter contacts/inquires # 24,000 24,000
/;<JJ -;¿ - ) tJ
FY97-98 Proposed Budget/Goals & Objectives
"- _.+~.._--"-------_.- _.._----~_.
POLICE AUXILLIARY SERVICES
CRIME LAB FORENSIC UNIT: MAINTAIN SERVICE LEVELS
1020
Goals:
The goal of the Crime Laboratory Forensic Unit is to maintain service
levels with less staffing during the year due to employee leave, by
identifying criminals through the examination of latent prints, identifying
firearms and shooters involved in gang type shootings through the entry of
information into the Drug-Fire computer data base and to insure a more
timely response to requests for forensic examination of submitted evidence
from officers and investigators.
Objectives:
1- Limit CAL-ID qualified latent prints to a minimum standard of 10
distinct characteristics, except in high profile cases or special case
requests.
2. Recruit and train two to four Grossmont College Evidence Technology
Program student volunteers to perform CAL-ID entries for college credits.
3. Train the two Crime Laboratory Field Evidence Officers to perform
firearms examinations and enter data into the Drug-Fire data base.
OUTPUT MEASURES:
DESCRIPTION UNIT FY9S-96 FY96-97 FY97-98
CAL-ID latent print entries # SO/mo. SO/mo. SO/mo.
Case entries, Drug-Fire data base # 10/mo. 10/mo. 10/mo.
CSI # 73/yr 7S/yr
Photos # 323/yr. 400/yr.
Latent Process # 627/yr. 6S0/yr.
/;¿b~J.-/1
FY97-98 proposed Budget/Goals & Obj ecti ves
.--..-- - . .,..-,,-.-.---- ---.....-.-
POLICE AUXILLIARY SERVICES
CRIME LAB EVID CONTROL UNIT: MAINTAIN SERVICE
1020
Goals:
The goal of the Crime Laboratory Evidence Control Unit is to maintain
service levels to department personnel and citizens.
Objectives:
l. Reduce the 1,000 case/month court disposition backlog.
2. Reduce the 2,000 case narcotics destroy backlog.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Reduce court disposition backlog # 1,000/mo. 1,000/mo. 800/mo.
Reduce narcotics destroy backlog # 2,000 2,000 1,500
Evidence (booked) Processed # 19,640 20,000
Evidence Returned # 1,334 1,500
Evidence Physically Destroyed # 4,848 5,000
Evidence Auctioned # 446 450
/cJ..b -;}. -);¡
FY97-98 Proposed Budget/Goals & Objectives
- - - - --..----------.--.- ..--
POLICE SUPPORT SERVICES
MAINTAIN CURRENT SERVICE LEVELS
1030
Goals:
1. To maintain the current level of service to the public, outside
agencies and department personnel.
2. Utilize volunteers to offset increasing workloads and decrease staffing
due to tight budgetary constraints.
Objectives:
Review and revise processess and procedures for greater efficiency.
Increase the number of volunteer hours.
Je2.lr.J - /.3
FY97-98 Proposed Budget/Goals & Objectives
._---,_..,--~._--- ,-
POLICE UNIFORM PATROL
UNIFORMED PATROL: MAINTAIN POLICE SERVICE LEVELS
1040
Goals:
Uniform Patrol:
To enhance the community's "Quality of Life" by providing the highest level
of public safety through the community Oriented Policing philosophy. to
provide a proactive and professional level of police service ensuring
safety through commitment, integrity and trust.
Objectives:
1- To enhance the "Quality of Life" for all Chula Vista by "stopping
crime before it occurs".
2. To enhance public cooperation and trust through better community
involvement. This will be accomplished by increasing our ability to
promote police community partnerships and prblem solving strategies.
3. To strengthen our response to seletive and proactive enforcement
issues by providing resolution strategies to crime problems. This will
be accomplished through involvement by the Street Team and Problem
Oreinted Projects.
4. Maintain zero vacancies reference patrol strength.
5. To actively meet the Growth Management Oversight Committee's
response threshold standards.
6. To continually analyze and monitor crime trends and respond with
the appropriate resources in an attempt to eliminate repeated calls for
service.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Meet response time standards P-I % calls 84.9% 85% 84%
Meet response time standards P-II % calls 63.4% 63% 62%
Field Interviews Number 5,000 5,700 5,700
Misdemeanor Citations Number 900 950 950
Respond to calls of service Number 73,500 72,500 72,500
FY97-98 Proposed Budget/Goals & Objectives /.2b -':<-/1(
-"- -.---- .......-.-------- ---
POLICE UNIFORM PATROL
STREET TEAM/GANG SUPPRESSION UNIT: REDUCE CRIME
1040
Goals:
Street Team/Gang Suppression Unit:
To reduce the number of violent gang related crimes, as well reduce street
robberies, auto theft and vehicle burglaries.
Objectives:
1. Work with the community to identify areas of concern for crime and/or
quality of life issues. Take appropriate enforcement posture.
2. Continue team/unit presence at known gang hangouts and locations and
continue to establish and maintain rapport with, and knowledge of, gang
members.
3. proactively deal with current crime trends and crime locations by
collecting and analyzing criminal intelligence data, making arrests,
providing extra services.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Field Interviews # 239 645 650
Arrests # 118 281 300
Warrants # 13 12 12
Problem Oriented Policing Projects # 7 5 5
J;),b ~,;?- /S
FY97-98 Proposed Budget/Goals & Objectives
"--.-....-
POLICE UNIFORM PATROL
TRAFFIC BUREAU: A SAFE MOTORING ENVIROMENT
1040
Goals:
Traffic Bureau:
To provide the community with a safe and accident free motoring environment
through the enhancement of community partnerships, education, and proactie
enforcement. To provide accident investigation expertise for court
presentations and to enhance the department's liaison position for city and
community special events.
Objectives:
1- To enhance proactive enforcement through community involvement.
This includes selective enforcement, sobriety check points, and the use
of radar for education and enforcement.
2. To ehance the safety of commericial traffic through education,
training and proactive enforcement.
3. To decrease traffic related calls for service.
4. To increase the enforcement of vehicle abatement through the
abatement officer and trained members of the Senior Volunteer Patrol
progrm.
5. To enhance the coordination, planning and execution of city
sponsored and community events.
6. To provide follow-up investigations of traffic related accidents
and enforcement issues. to enforce vehicle code and parking
regulations.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Reduce total traffic accidents # 1,604 1,600 1,500
Conduct DUI check points # 12/yr. 12/yr. 12/yr.
Mark abandoned vehicles # 1,500 1,500 1,600
Traffic Citations # 16,700 13,500 13,500
Parking Citations # 17,300 17,800 17,800
Proposed Budget/Goals Objectives 4b -..2-/?
FY97-98 &
-~----_.._-----_..
POLICE UNIFORM PATROL
COMMUNICATIONS CENTER: MAINTAIN SERVICE LEVELS
1040
Goals:
The goal of the Communications Center is to maintain current service levels
with existing technology. It is anticipated that increases in technology,
in the form of a Computer Aided Dispatch and Mobile Computer Terminals,
will allow for improved service levels in the latter part of the year.
Objectives:
l. Increase Communications Center technology by implementing Computer
Aided Dispatching (CAD) including mobie data terminals.
2. Improve ability to measure standards for the number of calls dispatched
and patrol unit response times.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Calls: Police response # 73,500 72,500 72,500
Calls: Fire response # 15,000 15,000 15,000
Total calls taken # 252,600 250,000 250,000
/.;¿b -;< - J?
FY97-98 Proposed Budget/Goals & objectives
-_._._----_._--"..._..~.."
,
POLICE INVESTIGATION
TASK FORCES: MAINTAIN TASK FORCE PARTICIPATION
1050
Goals:
Enhanced Regional Law Enforcement Services
Objectives:
To maintain current task force participation while evaluating possibilities
to expand current participation and identify additional task force
opportunities in an effort to enhance regional law enforcement.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
RATT Participation Staffing 3 3 3
JUDGE Staffing 2 2 2
Operation Alliance Staffing 1 1 1
Narcotics Task Force Staffing 1 1 1
Marine/Air Group (New) Staffing 0 0 1
I';¿b -)¿ -/g/
FY97-98 Proposed Budget/Goals & Objectives
--~-_._~ ------
POLICE INVESTIGATION
PROPERTY CRIMES: PROACTIVE INVESTIGATION
1050
Goals:
Property Crimes:
To become more proactive in the investigation of all property related
crimes while maintaining current service levels.
Objectives:
1. To conduct inspections of police regulated businesses to ensure
compliance with current licensing regulations.
2. To develop a tactical action plan for identified major crime series and
patterns.
3. Investigate/follow-up on criminal cases.
4. Arrest identified suspects and prepare cases for court.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Business Inspections Number 30 100 200
Action Plans for Maj. Crime Series % series 80% 80% 80%
Assigned Cases Investigated Number 1,812 1,812
Assigned Cases Cleared Number 1,129 1,129
Investigative Arrests Number 244 244
Cases Initiated Number 5 10
/.:(); -..2 -/C¡
FY97-98 Proposed Budget/Goals & Objectives
-.-.- ..--...-.-'-.'-..
POLICE INVESTIGATION
JUV/SEX CRIMES/CHILD ABUSE:PROACTIVE INVESTIGATION
1050
Goals:
Juvenile/Sex Crimes/Child Abuse:
The goal is to develop proactive measures to reduce juvenile crime, sexual
assaults and child abuse while maintaining current levels of service.
Objectives:
l. Conduct 290PC Sex Registrant sweeps
2. Conduct Truancy sweeps
3. Network with other agencies in a cooperative effort to improve child
abuse investigation.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Conduct Sex Registrant Sweeps # 0 1 1
Conduct Truancy Sweeps # 2 2 2
Assigned Cases Investigated # 1,770 1,770
Assigned Cases cleared # 823 823
INVESTIGATIVE ARRESTS # 178 178
SRO Arrests # 246 250
/.;2.1:>-,,)-;2.0
FY97-98 Proposed Budget/Goals & Objectives
_._..._._--_._..__._.,----,~- - _.~_...
POLICE INVESTIGATION
NET: INCREASE OVERALL UNIT EFFECTIVENESS
1050
Goals:
Narcotics Enforcement Team:
Increase the overall effectiveness of the unit through increased training,
operational sophistication and increased resources.
Objectives:
1. Respond to citizen complaints of narcotics activity.
2. Conduct search warrants.
3. Arrest suspects.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Respond to citizen narc. complaint # 280 280
Conduct search warrants # 50 50
Arrest suspects # 250 250
Narcotic Cases presented to DA # 111 111
Seizures # 18 18
Seizures $ 501,000 500,000
/c2 !:r c2. -.;2../
FY97-98 Proposed Budget/Goals & Objectives
- --_.__.__....._------~.._._.__._-
POLICE INVESTIGATION
COV: PROACTIVE INVESTIGATION
1050
Goals:
Crimes of Violence Unit:
The goal is to develop proactive measures to reduce violent crime while
maintaining current service levels.
Objectives:
1- To pursue ways to be able to revisit unsolved homicides, such as the
Laura Arroyo case.
2. To reorganize the Domestic Violence Unit into a Family Protection Unit
where the emphasis would be to identify patterns related to family
violence.
3. The Gang Unit is to work closely with the Patrol Gang Officers, JUDGE,
and the District Attorney's Office for vertical prosecution of suspected
adult and juvenile offenders.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Revisit Unsolved Homicides # 1 1 1
JUDGE Vertical Prosect ions # 15 24 24
Gang Unit Vertical Prosect ions # 8 8
Assigned Cases Investigated # 2,037 2,037
Assigned Cases Cleared # 1,489 1,489
Investigative Arrests # 132 132
/.:21J -~ -..<óJ,
FY97-98 Proposed Budget/Goals & Objectives
. --.-...-------......----
POLICE INVESTIGATION
CAU: RESPOND TO REQUESTS FOR INFORMATION
1050
Goals:
Crime Analysis Unit:
To maintain current service levels, including the identification of
serial/pattern crime and responding to requests for information.
Objectives:
To respond to all requests for information from department and city staff,
citizens, representatives from outside agencies and all others.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Respond to CAU Requests for Info # 200 135 135
Coordinate ARJIS Hours 300 1,000 1,000
Analyze Crime Trends Frequenc Weekly Weekly Weekly
Crime related repts/bulletins # 100 100 100
/.2. b - 02 -.;2.3
FY97-98 Proposed Budget/Goals & Objectives
----..---"----.---. ,...---.
POLICE INVESTIGATION
CPU: EXPAND THE BUSINESS ALERT PROGRAM
1050
Objectives:
To contact commercial burglary victims and meet with community business
associations, offering security inspections and promoting the Business
Alert Program.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Business Alert Programs # 10 10 10
Conduct Commercial Inspections # 10 10 10
Process new alarm permits/renewals # 970 1,000 1,000
Coordinate SVPP Hours 600 500 300
/':<b -;{ - .;2. f
FY97-98 Proposed Budget/Goals & Objectives
--~-_.__..~--~-------_._----~.._~
ANIMAL REGULATION
IMPROVE ANIMAL CONTROL SERVICES
1100
Objectives:
l. Increase the number of animal adoptions.
2. Reduce euthanasia.
3. Reduce the incidence of animal bites.
4. Increase the number of licensed dogs in Chula Vista, Imperial Beach and
Lemon Grove.
OUTPUT MEASURES:
DESCRIPTION UNIT FY9s-96 FY96-97 FY97-98
.
Increase animal adoptions # ISO/mo. ISO/mo. 16s/mo.
Process animals # 14,000 15,000 15,000
Animals returned to owners % 20 20 20
Animal ownership classes/workshops # 2 2 2
).2b -..<-..2S-
FY97-98 Proposed Budget/Goals & Objectives
- _._---~_.~,-_._---_._--
1?rtw v\.
MEMQRANDUM REVISED
~~¡R :5.
DATE: February 27, 1997
TO: John D. Goss, City Manager
VIA: George Krempl, Deputy City Manager
Dawn Herring, Budget Manager
FROM: Daniel D. Beintema, Principal Management Assista
SUBJECT: FY 1997-98 Budget Review - Management and Informatio Systems (0211)
MANAGEMENT AND INFORMATION SYSTEMS (0211)
Base Budget
Budget Request Summary
FY98 Recommended
FY96 FY 97 FY98 ADalyst Change from 97
Object Comnarison Actual Amended Reouest Recommended $ %
Personnel Services $562.439 $584,925 $585,994 $585,994 $8,335 0.01
Supplies & Other Services 5235.031 $169.257 5172.701 5172,701 53,155 0.02
Capital Outlay $0 $0 $0 $0 50 0.00
TOTAL BUDGET $797,470 754,182 758,695 $758,695 $4,513 0.01
I Position Count I 13.0 I 10.0 I 10,0 I W.O I 0.00 I 0,0 I
The MIS Department has submitted a budget request of $758,495 which represents an increase from the current
year budget of $4,513 or .01 %. The increase is primarily due to increases in computer software and hardware
maintenance contracts, however the full magnitude of the increases has been offset by some decreases in Personnel
Services categories.
Budget Preparalion Process
The MIS budget preparation process involved consultation with MIS staff, and adjustments were made to accounts
as dictated by changes in contractual agreements. As usual, the submittal is thorough and complete.
FY 1996-97 Summary of Issues
As the MIS budget has been very lean for a number of years, last years' review process resulted in only a few
changes to their request: an addition of funds for the processing of Escondido parking citations (+$2,400);
reduction in printing for the city phone directory - printing costs were covered by the oil recycling project (-
$1,000); and the reduction to standardize departmental travel citywide (-$960). No supplemental items were
requested or approved. /~b-:2-.2?
_._---_._--_._._-~--_._."..._.._.__.-
MIS Issue Paper
February 27, 1997
Page 2
Revenue
No new revenues were proposed by the department, although the existing reimbursement contracts for computer
services for FY 1996-97 are projected to produce approximately $10,000 (or 9.9%) over the previous fiscal year.
This revenue is expected to increase slightly for 1997-98.
Revenue from the pay phones at bus stops will increase from about $10,000 to about $25,000 for the next fiscal
year. MIS is advising that they will continue to monitor the installation process and anticipate the possibility of
additional revenue in the future.
Consultants and Contracts
MIS utilizes a number of outside vendors - all are utilized due to the level of expertise needed in the affected areas
(mainframe maintenance, software "maintenance", etc.) The use of outside contracting seems to be appropriate
for this department.
FY 1997-98 Base Budget Request
Again this year, the MIS Director has submitted a responsible budget, which incorporates efficiencies where
possible and recognizes the severity of the city's fiscal situation, without compromising the integrity of the city's
essential information system.
ISSUES CURRENT YEAR BUDGET PROPOSED FOR FY 97-98 ANALYST RECOMMEND
5108 Current level: $0 Proposed level : $0 Salary history is this
Salary Savings department does not warrant
salary savings adjustment
5144 $0 $0 Status Quo
Worker's Camp
5212 Info SystemsDiv : $10.070 $9.786 Sufficient
Printing
5221 $750 $750 Local trans from Citywide pool
Travel
5269 $0 $0 No requirements
Equipment
Maintenance
5270 $0 $0 No Requirements
Equipment
Replacement
5398 $4,000 $4,000 Usage appears consistent with
Other Commodities Various software needs (anti-virus For various software and other proposed intent
software, WEB development, unanticipated needs.
special upgrades), office fiuniture,
modem for payroll.
5560,5566,5568 $0 $0 :MIS handles these items
Computer Office and through 5266
/;J.b -';<-:2..7
--.-.-._...~~'------- .--.,
MIS Issue Paper
February 27,1997
Page 3
Goals and Obiectives
. Due to the nature of the MIS Goals and Objectives, the thrust of the work plan and the performance
outcomes are consistent with the current year. This department is heavily involved in many significant
citywide projects, and will be for some time to come. A close look at the performance measures indicates
very clearly that the "MIS" overall system (phones, computers, specific applications, etc.) is expanding at
a high rate. Can this department keep up with the demand that is beginning to present itself to us?
Wish List/New Issues
. While no "wish list" items have been tendered by the Director, it is highly recommended that we look
closely at how the MIS staff that is in place now will be able to handle the on-going needs of a new
Financial Management System, the new CAD system, the Fire Records Management System, the new 800
MHz system (computer interfaces), the growing PC network, as well as the continued implementation of
the Optical Records Management System
Last year, MIS received over 5200 calls for microcomputer help. As the volume of calls has been too
great for the Microcomputer Specialist to handle on his own, the workload has been spread to three other
staff members in addition to their normal duties. Even with these staff members taking some of the calls,
the backlog hovers at about 100 calls for service, although this number varies depending on a number of
factors.
It has come to light that the Police Department is proposing to reassign the Crime Analyst who has been
assigned to assist with the LAN in the Police Department. In consideration of the above items stretching
this staff already, at a minimum it seems that the Crime Analyst needs to continue to be dedicated to his
current duties. In addition, it is recommended that an in-house study be conducted to determine the long-
range needs of this department and plan staffing to be ahead of that demand. One possibility to consider
would be to look at increasing the volume of computer data processing as an offset to additional staffing
costs.
As a result of the Budget "Step II" meeting discussion on this subject, the MIS Director will be submitting a
work program outlining various issues and the need for more staff resources.
cc: Sid Morris, Assistant City Manager
/:2.}; -;l~';¿ Y
-'._-'-~"--'-""'_."'-
PUBUC WORKS DEPARTMENT
PROPOSED DEPARTMENTAL GOALS, OBJECTIVES
AND OUTPUT MEASURES
/;¿b-~- (
__ __ _ ______.________n_.'__.._____..__._u.....'_···__, __ ________.._
PUBLIC WORKS DEPARTMENT
1400
Goals:
1. Prepare quality, accurate and complete design plans, bid specifications
and cost estimates for all Public Works-related Capital Improvement
Projects.
2. Manage the City's infrastructure, including roadway pavement, storm
drain facilities, bikeways and sidewalks.
3. Manage the City's sewer rates and work closely with other sewer
agencies regarding sewage treatment and transportation.
4. Ensure that all private developments meet engineering standards and
conform to State laws and Municipal codes.
5. Provide inspection and surveying services for public infrastructure
construction to ensure compliance with approved plans and specifications.
6. Provide timely and accurate mapping and database information to City
departments via the Geographic Information System (GIS) .
7. Enhance traffic safety by providing for the safe movement of all users
of the City's circulation system through the application of traffic control
devices and street lighting.
8. Maintain and install all street and traffic signs and markers.
9. Remove graffiti from the City's public right-of-way.
10. Maintain and repair City public streets, sidewalks, curbs and gutters.
11. Provide street sweeping services by contract to residential and
commercial streets and City parking lots.
12. Maintain City street trees.
13 . Install, operate and maintain the City's sewer system.
14. Maintain the storm water drainage system.
15. Maintain and repair sewer pump stations, City swimming pool pumps, City
display fountains, and the Nature Center water circulation and treatment
system.
16. Maintain City buildings and oversee their construction or renovation.
FY97-98 Proposed Budget/Goals & Objectives / .,.{Þ~3-'.2
-..---..------.--.-,---
PUBLIC WORKS DEPARTMENT
1400
Continued. . .
17. Ensure that all City communications equipment is operating and
maintained at a high level of performance.
18. Maintain the City vehicle fleet and provide for replacement of units in
the fleet.
19. Develop public transportation services in the most cost effective
manner.
20. Increase the quality and quantity of public transportation services to
provide a viable alternative to the automobile.
21. Minimize the amount of General Fund support of the Department by
maximizing staff time reimbursements from non-General Fund sources.
Objectives:
1. Implement an in-house database system to automatically track elP
project cost data for various types of eIP projects by June 30, 1998.
2. Continue development and implementation of local and regional programs
in compliance with the City!s National Pollutant Discharge Elimination
System (NPDES) municipal storm water discharge permit requirements.
3. Monitor all flows discharged to San Diego Metro or Spring Valley sewers
on a weekly basis and resolve discrepancies, verify calculations from these
agencies regarding fees owed for sewage transportation and treatment.
4. Assure that final subdivision maps and final parcel maps comply with
all conditions of approval of tentative maps and tentative parcel maps
through coordinated interdepartmental communications.
5. Calculate and spread the assessments for 33 open space districts,
prepare the necessary reports, and hold elections by July 22, 1998, in
conformance with Proposition 218.
6. Provide construction inspections and construction staking within 48
hours after receiving such requests.
7. Develop four new layers of map and database information in accordance
with the GIS applications priority list established by the GIS steering
FY97-98 Proposed Budget/Goals & Objectives J:¿j; --;5-3
--.--"
PUBLIC WORKS DEPARTMENT
1400
Continued. . .
committee.
8. Maintain a current and complete traffic accident record system and
perform field surveys for the purpose of identifying high accident
locations and locations experiencing congestion or appearing to have
hazardous conditions, in order to initiate remedial traffic improvements.
9. Ensure that the 5,828 City-owned street lights and the traffic signals
at 139 signalized intersections are in proper operating condition.
10. Maintain Operations' Work Management System, which provides information
on Operations' activities by number and type of jobs performed, staff time
spent per job and total cost per job.
1l. Install and maintain traffic control signage and striping, such as
pavement legends and markers, parking stalls, painted curbs and crosswalks,
and traffic signs.
12. Patch potholes, resurface sewer lateral cuts in the pavement, replace
unsafe sidewalks, and remove weeds, trash and other debris from City
alleys, easements and City-owned vacant lots.
13. Trim palm trees every three years and other City street trees every
four to five years by contract.
14. Continue an ongoing preventive maintenance program on the sewer system
by cleaning sewer mains on a set schedule, using TV video equipment to
identify potential problems in sewer lines and take corrective action, and
checking sewer pump stations on a regular basis to ensure they are in good
working order.
15. Complete all minor capital improvement projects on City buildings
within the fiscal year and within budget.
16. Properly disinfect city facilities such as restrooms, pool and gym
shower areas, holding cells, firing range and crime lab to reduce the
spread of infectious germs.
17. Provide immediate response for repairs to police and fire emergency
communications equipment 24 hours per day.
18. Provide timely preventive maintenance inspections on the vehicle fleet
to ensure that the vehicles are operating safely and meeting various state
FY97-98 Proposed Budget/Goals & Objectives /c2b - 3-,/
---_._-~-_._-,-------
PUBLIC WORKS DEPARTMENT
1400
Continued. . .
and federal standards.
19. Maintain or improve transit system productivity by maintaining or
exceeding total passengers per revenue mile and total passengers per
revenue hour.
20. Improve access to Chula Vista Transit and HandY trans for disabled
passengers in accordance with the standards and requirements of the
Americans with Disabilities Act (ADA) of 1990.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Public Works CIPs bid by 6/30/98 Number 18 12 12
Final subdivision maps processed Number 16 9 7
Traffic investigations performed Number 1,000 1,100 1,200
Traffic signs maintained #signs 500 900 1100
Streets reconstructed Sq Ft 63,539 65,175 65,175
Street trees trimmed Number 2,619 2,953 2,700
Sewer mains cleaned Miles 250 255 255
CVT passengers (in millions) #psngrs 2.50 2.58 2.60
Vehicle prey maint inspections Number 1,440 1,462 1,462
FY97-98 Proposed Budget/Goals & Objectives /2.6 -3-š
- ....--
PUBUC WORKS DEPARTMENT
UPDATE OF EXISTING DIVISIONAL GOALS, OBJECTIVES
AND OUTPUT MEASURES
J.2b-J-?
---_._-------~--,-------
PUBLIC WORKS ENGINEERING ADMINISTRATION
1401
Goals:
l. Provide clerical support to the Engineering Division and Transit
Division staff.
2. Provide Business Management Services to the Engineering Divison.
Objectives:
l. To process Council agenda statements, co:=-respondence, payroll, project
accounting I purchase orders and payments, ~~d CIP contracts¡ maintain
files, anå provide inventory control.
2. To provide secretarial support to the Safety Commission, by preparing
and mailL~g the agendas, sending notices to the public, and taking and
transcribing minutes of the meeting.
3. To oversee the expenditures and revenues generated by the Division, I
including managing the submittal of the Division's general operating
budget, calculation of staff time reimbursements, coordinating the update I
of master fee and full cost recove=y factors, and cooràinating the
close-out of CIP projects and , cash bond deposits.
I
i
, I
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98 ;
I
l. Inspection reports transcribed Number 2,409 2,400 2,400
2. Agenda, Statements prepared Number 237 240 240
3. Purchase orders/requisitions Number 240 240 240
issued.
4. Contracts processed Number 26, 24 24
5. Active files ·maintained Number 5,800 5,800 5,800
JcJh --3- ?
FY97-98 Proposed Budget/Goals & Objectives
. -..--.-----.-- . -.---.. ----
DESIGN ENGINEERING
1420
Goals:
L P=epare quality, accu"ate and complete design plans, bid specifications
and cost estimates for all Public Works eIP projects.
2 _ Maxi~~ze efficiency in the design of Public Works eIP projects while
continuing to maintain design quality and accuracy.
Objectives:
L To ~?keep a bid item cost estimate database on a monthly basis.
2. To =eview projects, upon completion of construction, with the Advance
Planning ~~d Construction Inspection Sectio~s to make changes or
improvements, if necessary to the design, scope, cost estimate and planning
of the next similar type of project.
3. To implement an in-house database system to automatically track eIP
project cost data for various types of CIP p"ojects by June 30, 1998.
4. To communicate with every property owner impacted by a eIP project
prior ~o completion of 50~ of the plans.
5. To upke~p our drafting/design procedural manual by June 30, 1998.
6. Te continue advanced training in the use of computer aided design
softwa~e by Dece~ber 31, 1997.
7. To review standards for the amount of design staff time needed for
various types of eIP projects on a monthly basis.
8. To maintain the plan check review process to four cycles.
PERFORMANCE MEASURES:
DESCRIPTION 'DNIT FY95-96 FY96-97 FY97-98
l. Public Works CIPs bid by # 18 12 12
June 30, 1998.
2. Projects designed such that .. 1 1 °
w
, / c:<)J "--.3-~
FY97-98 Proposed Budget/Goals & Objectives
...--.-- ....--------..-.-..-- ---..
DESIGN ENGINEERING
1420
Continued. . .
Performance Measures:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
change orders are more than 10% of
bid construction.
3. Number of bids that are more " 1 1 1
w
than 10\ of Engineer's estimate.
.
.-
j.)þ -:5-1
FY97-98 Proposed Budget/Goals & Objectives
-- .----.,.------.-.- .. ."-~._,..
ENG. ADVANCED PLNG/SEWER
1421
Goals:
Advance Planning:
l. Manage the City's Infrastructure Systems, including roadway pavement,
storm drain facilities, bikeways, and sidewalks.
2. Coordinate the City's Underground Utility Program.
3. Coordinate the City's National Pollutant Discharge Elimination System
(NPDES) Program.
4. Prepare the Engineering portion of the City's 5-year Capital
Improvement Program.
Sewers:
l. Manage the City sewer system rates.
2. Maintain working relationships with other sewer agencies.
3. Oversee the City's Sewer Rehabilitation Program.
Objectives:
l. To update Infrastructure Inventory Reports.
2. To continue to manage the pavement management system to best utilize
the limited funds available.
3. To award a design contract for the Greenbelt bikeway.
4. To continue development and implementation of local and regional
programs in compliance with the City's NPDES Municipal Storm Water
Discharge Permit Requirements.
5. To review requests for sewer service charge variances and recommend the
disposition of each request.
6. TO administer the City's Industrial Waste Program in conjunction with
the City of San Diego.
7. To monitor all flows discharged to San Diego Metro or Spring Valley
sewers on a weekly basis and resolve discrepancies, verify calculations
submitted by Metro and Spring Valley Sanitation District regarding fees
owed for sewage transportation and treatment, and process payment requests.
8. To administer and revise sewer basin plans to determine the type and
cost of sewer facilities required for new development, including the
conducting of sewer capacity studies and monitoring the capacity of
existing sewer lines.
FY97-98 Proposed Budget/Goals & Objectives /O<.b -3-}t)
.---.~.._...-
ENG. ADVANCED PLNG/SEWER
1421
Continued. . .
9. To individually monitor 18 sites with portable flow meters during the
fiscal year.
10. Ta prepare the annual Sewer Rehabilitation Program, including
identification of damaged sewer segments, recommendation of type of
rehabilitation needed, and preparation of general cost estimates.
11. To identify 45,000 lineal feet of sewer line to be televised by Public
Works Operations.
OUTPUT MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
1. New undergrounding districts Number 1 2 2
established within 1 year of
funding
2. progess reports completed for Number 2 2 2
NPDES
3. Sites monitored with portable Number 6 18 18
flow meters.
4. Lineal feet of sewer line # feet 132,900 45,000 45,000
identified for televising.
FY97 -98 Proposed Budget/Goals & Objectives /O<b -J-)I
.__.,._.....,-.~..._.
- - ..,." n '.::- =-- .,
LAND DEVELOPMENT
1422
Goals:
l. Process Final Subdivision Maps and Final Parcel Maps, including
administration of conditions of approval, agreements, and phasing plans.
2. Review Engineering plans (improvements, grading, drainage, sewers,
sewer pump station) on major and minor developments to assure required
improvements comply with adopted standards and good engineering practice,
and to minimize future maintenance requirements.
3. Review Tentative Maps and Tentative Parcel Maps to determine
appropriate recommendations for conditions of approval to assure that
streets and utilities will be appropriately designed and safe, that grading
will be in accordance with City code and policies, and that mitigation
requirements detailed in any environmental documents are implemented.
4. Provide coordination and administration of assessment districts and
provide assessment engineering services needed during the formation of an
assessment district.
5. Process the annual open space district Engineer's Report required by
State law and City ordinances and process and form any new open space
districts in accordance with these same laws.
6. Administer and update the various DIF programs and collect all of the
impact fees and keep clear and concise records of payments or credits.
7. Review building permit applications to determine engineering
requirements (fees, improvements, right of way or easements) and to inform
the applicant of any other permits that might be required based on the
information provided.
Objectives:
l. To review Tentative Maps and provide comments to the Plann~ng
Department within the mandated performance goals of 30 days 100% of the
time.
2. To review Tentative Parcel Maps and develop conditions of approval
incorporating the appropriate comments received from other departments,
agencies, and the public. Issue the letter of conditional approval within
the 50 day period specified in State law.
3. To assure that Final Subdivision Maps and Final Parcel Maps comply with
FY97 -98 Proposed Budget/Goals & Objectives /cJb ---..]- J:2.,
..-.--.-"--.--. ---.-.-.----
LAND DEVELOPMENT
1422
Continued. ..
with all conditions of approval of Tentative Maps and Tentative Parcel Maps
through coordinated interdepartmental comm~~ications; review survey data,
dedication documentation, Open Space grant documentation, and easement
documentation to assure technical accuracy; and prepare or review
subdivision agreements, offsite street dedications, easements, and other
property conveyances to assure accuracy and compliance.
4. To provide the public with flood zone information within two working
days of requests.
5. To insure,. through project management of the consultants, that
åelinquency monitoring is completed as requi=ed by the bond indenture,
which is typically within 120 days of being delinquent on payment of
property taxes.
6. To complete the reapportionment of assessment amounts resulting from a
change in the land use or density (which occurs when the SPA Plan is
revised or a final map is recorded with more or less units than were
assumed at the time of district formation) by the end of August of each
year utilizing less than 150 staff hours.
7. To calculate and spread the assessments for 33 open space districts and
prepare the necessary Council agenda statements and reports by July 22,
1998, utilizing less than 400 staff hours to accomplish the process.
8. To update DIF fee programs to reflect projects constructed, new
improvements to be included, updated cost estimates, and to process through
the City Council by July 1998.
i
9. To review building permit applications within two days of receipt from
other departments.
10. To perform investigations and prepare reports as appropriate to
applications for street or easement vacations, encroachment requests,
public complaints or miscellaneous permits (transportation, excess driveway
width, etc.) .
;
I
,
, )c2b ~3-/:J
PERFORMANCE MEASURES:
DESCRIPTION UNIT i FY95-96 FY96-97 FY97-98
FY97-98 Proposed Budget/Goals & Objectives
---..- .-.-- -------..
LAND DEVELOPMENT
1422
Continued. . .
Performance Measures:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
J.. Final subdivision IT~pS Number ~6 9 7
processed to completion.
2. Staf~ hours needed to complete Number ~50 ~50 ~50
reapportionment of assessments.
3. Building permit applications Number ~,~45 ~,472 ~,~69
reviewed.
4. Enc=oachment re~~ested acted Number 36 20 32
upon.
5. Grading permits =eviewed Number ~6 24 23
,
:
i
I
I
!' J:2,b ~3-Ji
I
I
!
, FY97-98 Proposed Budget/Goals & Obj ecti ves
I
- __ __nn___'._'. __ __u'.____.____,.___ -.-.--..."--... _..~-"_. --
,
I
I
I
I
CONSTRUCTION INSPECTION
1423
Goals:
L Provide construction contract and permit administration services, which
includes ClP contract change orders, ClP requests for payment, release of
performance ~~d materials bonds and acceptance of improvements, to assure
compliance with the terms of the elP construction contract or construction
plans, minimize change orders and monitor ClP construction and inspection
time costs.
2. Provide surveying services, such as construction staking, establishment
and maint~~ance of vertical and horizontal control monuments for
àetermining elevations and locations of rights-af-way, and preparation of
records of survey and corner records for reinstallation of property corner
markers in compli~~ce with the State Land Surveyors Act for the CIPs and
sidewalk replacement program.
3. Provide inspection services for all public infrastructure and
improvements to ensure compliance with approved plans and specifications,
and maintain quality co~trol.
Objectives:
l. To close out CIP, subdivision, and permit projects within 25 days after
completion of the construction of all public facilities.
2. To provide inspection service within 48 hours after receiving a request
for inspection.
3. To provide the results of soils and materials tests within two working
days.
4. To verify compliance with the Clean Water Act and monitor Storm Water
Pollution Prevention Plan during construction of ClPs.
5. To respond with surveying services for design within five working days
and requests for construction staking within 48 hours.
6. To file Record of Survey maps and Corner Records with the County
Surveyor within 90 calendar days, as required by the Land Surveyors Act.
7. To respond to request for verifying final property corner monument at ion
for final subdivision maps and final parcel maps within five working days.
FY97-98 Proposed Budget/Goals & Objectives J.J), --;t-;Ç"
..-._~._.,.._._- - - --.
CONSTRUCTION INSPECTION
1423
Continued. . .
PERFORMANCE MEASIJRES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
1. Average Staff time needed per #/hours 1. 50 1.50 1.50
utility permit
2. Average staff time needed per #/hours 36 36 36
grading permit
3. Average staff time need for #/hours 20 20 20
construction permits
4. Average staff time per # hours 52 52 52
$100,000 of public improvements
for subdivisions.
5. eIP projects with 400 survey ... of eIP 100 100 100
data/day collected.
6. eIP projects with 100 survey % of CIP 100 100 100
data/day for construction staking.
FY97-98 Proposed Budget/Goals & Objectives /2.Þ -.3~/;;
-----_.__.__..~~-_._----
GEOGRAPHIC INFORMATION SYSTEM
1425
Goals:
l. Eliminate the redundant efforts of base ~~p maintenance by centralizing
the base mapping task and providing easy access of current base maps to all
departme1lts.
2. Increase productivity and efficiency of City staff by computerizing the
updating and maintenance processes of base maps and related informational
databases.
3. Proviàe timely and accurate mapping and database information to
departments by providing access to the GIS system, and by providing
assist~~ce through a GIS service bureau.
4. Continue to cost effectively àevelop new layers of mapping information
by data collection ~~d computerization of the City's infrastructure and
other facilities.
Objectives:
l. To maintain and update the City base map, and the wastewater and
stormwater infrastructure maps.
2. To expand GIS uses to the Public Works/Operations Yard by June 1998,
with access to current maps and databases.
3. To provide access to GIS aerial photos to all City departments by June
1998.
4. To review and quality control check the data collection of 212 grid
sections of digital orthophotos and related planimetric data of City
infrastructure.
5. To develop four new layers of map and database information in
accordance with the GIS applications priority list as approved by the GIS
Steering Committee.
PERFORMANCE MEASURES:
DESCRIPTION , UNIT FY9S-96 FY96-97 FY97-98
I I I I
FY97-98 Proposed Budget/Goals & Objectives /c2/; .-- .J-J 7
.--....-. ,~-,--,.
GEOGRAPHIC INFORMATION SYSTEM
1425
Continued. _ .
Performance Measures:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
l. Staff receiving ÞxcView 2 # staff 3 6 6
training
2. New layers of map information #- layers 3 4 4
developed
FY97-98 Proposed Budget/Goals & Objectives /;2J -j-J$Ý
--.----.---. -..-_.-_.
TRAFFIC ENGINEERING
1430
Goals:
l. Enhance traffic safety by providing for the safe movement of all users
of the City's circulation system, including vehicles operators, bicyclists
and peãestrians through the application of traffic control devices and
street lighting in accordance with State and Federally mandated standards,
and minimize the adverse effects of traffic volumes, speed, noise, and
safety impacts.
2. ED-~~,ce public traffic safety service by providing a communication link
between the citi~ens of Chula Vista and City staff, the Safety Commission,
and the City Council whereby inquiries regarding traffic safety and related
issues and requests for traffic improvements receive prompt, professional,
courteD~S service.
3. Enr¿~'ce Transportation Planning by developing a safe and efficient
transportation network to serve all modes of transportation and meeting the
needs of existing and future citizens of Chula Vista while preserving the
unique ~~vironrnental qualities of the City.
ObJectives:
l. To ~aintain a current and complete traffic accident record system
(processing police reports), for the purpose of identifying high accident
locations and obtaining traffic accident statistics for City street
intersections and segments.
2. To ensure that all construction within the public right-of-way provides
adequate safeguards in the form of special traffic control to direct and
guide vehicles and pedestrians around the construction site safely and
1 efficiently in accordance with State and Federal standards.
3. To perform field surveys of high accident locations and locations which
experi~'ce congestion or appear to have hazardous conditions and initiate
remedial traffic improvements, and investigate all requests for traffic
improvements,and take corrective action where appropriate.
, 4. To design traffic signals in accordance with National and State design
i standards specifying the most cost effective equipment capable of providing
I efficient signal timing and system computer control coordination.
i
i 5. To provide professional traffic engineering liaison between the City
Council and the public via the Safety commission, ensuring that the Safety
I Commission and the City Council have technically sound traffic information
. ,
/02};
I -3 - J'1
I , FY97-98 Proposed Budget/Goals & Objectives
\ ,
I ._...._-~.__..._._,_._---
TRAFFIC ENGINEERING
1430
Continued. . .
to determine whether staff recommendations can be supported, and to provide
traffic safety information to the Commission.
6. To design the circulation System to serve the traffic needs of the City
and ensure that the System serves future growth, meets City, State, and
Federal design standards and that the new facilities provides sufficient
capacity to accommodate projected traffic volumes within the limits of the
City's peak hour Level of Service tlD" threshold.
7 . To measure the operating perfo=mance of all major facilities annually
to dete=rr¿ne whether the. City's traffic thresholds are being met and report
the findings to the Growth Management Oversight Commission, and utilize the
results of this Traffic Monitoring Program to identify capacity
deficiencies in the circulation system and to assist in the scheduling of
Capital Improvement Projects.
PERFORMANCE MEASURES,
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
1- Accià~t reports processed :# report ~,496 ~,450 ~,600
2. Const=uction traffic control 'i; permit ~86 ~95 220
plan pe~its processed WII 24 hrs issued
3. Traffic investigations # of ~,OOO ~,~OO ~,200
performed. invest.
4. Peak hour travel time surveys # of 42 5~ 49
performed on street segments. segments
/ c2.h ...-.1-- JtJ
i FY97-98 Proposed Budget/Goals & Objectives
I --_. ... _.~"._,-- .~._~-
TRAFFIC SIGNÞ~ & ST LIGHT MAIN
1431
Goals:
Enhance traffic safety by providing for the safe movement of all users of
the City's circulation system, including vehicle operators, bicyclists and
pedestrians through thè application of traffic control devices and street
lighting in accordance with State and Federally mandated standards, and
minimize the adverse effects of traffic volumes, speed, noise, and safety
impacts.
Objectives:
1. To ensure that the 5,828 City-owned street lights located throughout
the City a=e maintained in proper operating condition.
2. To ~~sure that the ~ity's computer controlled traffic signal system,
consisting of 139 signalized intersections, is operating efficiently and in
a manner that maximizes the safe assignment of right-of-way through
intersections.
3. Provide better traffic signal coordination through techology such as an
adaptive signal system where feasible.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
1. Burned out street lamps 95% 1,172 1,300 1,425
replaced within 72 hours replaced
2. Burned out traffic signal 100% 1,600 1,800 2,000
lamps and signal malfunctions correct-
corrected within 24 hours of ed
notification.
i
FY97-98 Proposed Budget/Goals & Objectives ))..); -...J'~,} /
u._._.. u__.___."
PUBLIC WORKS OPERATIONS ADMINISTRATION
1402
Goals:
l. Provide business management services to all divisions.
2. Track performance standards for selected divisions of Operations.
3. Provide clerical support to operations division.
4. Provide supervision for all Public Works Operations Maintenance.
Objectives:
l. To oversee the expenditures and revenues generated by the division.
Process payroll, purchase orders and payments; provide inventory control,
prepare monthly payments for daily receipts of construction materials.
2. To maintain the division's Work Management System (WMS) which provides
information on Operation's activities, by number and type of jobs
performed, staff time spent per job, total cost per job.
3. To answer the phonesi staff the dispatch radio; maintain public action
request system; callout underground locations; handle correspondence, and
maintain all files.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
.
Requistions requested (typed) yrly each 2000 2000 2000
Daily work sheet input for WMS monthly 1200 1200 1200
Calls for service on radio per yr each 4224 4200 4200
Phone calls handled per yr each 4925 4900 4900
Complaint forms requests per yr each 1571 1500 1500
FY97-98 Proposed Budget/Goals & Objectives /;2b ....3-..2)....
.--.- --
TRAFFIC OPERATIONS MAINTENANCE
1432
Goals:
Maintenance of existing signs, pavement markers, delineator devices.
Objectives:
To provide, fabricate, and repair all necessary delineation, signs, and
pavement markings in a timely manner
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-9B
STREET STRIPING MILES J.43 240 260
PAVEMENT LEGENDS LEGENDS 5B07 4500 6000
PAVEMENT MARKERS MARKERS 4475 2500 5000
PAINTED CURBS LN FT 6635J. 60000 90000
PAINTED CROSSWALKS LN FT 39224 40000 30000
PARKING STALLS STALLS 3042 J.500 3000
TRAFFIC SIGNS SIGNS 500 900 J.J.OO
.
FY97-98 Proposed Budget/Goals & Objectives /c:¿b ·-3~c23
."...._.~_."..-
TRAFFIC OPERATIONS MAINTENANCE
l432
Goals:
Installation of new signs, pavement markers, delineator devices.
Objectives:
To install required traffic control signage and striping in all expanding
areas of the City.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
STREET STRIPING MILES 20 10 10
PAVEMENT LEGENDS LEGENDS 1100 400 200
PAVEMENT MARKERS MARKERS 1500 1000 700
PAINTED CURBS LN FT 3000 1500 1000
INSTALL TRAFFIC SIGNS SIGNS 150 200 100
FY97-98 Proposed Budget/Goals & Objectives /c2..b ~ 3r 21/
n.__"'"
TRAFFIC OPERATIONS MAINTENANCE
1432
Goals:
Graffiti removal within the public right-of-way.
Objectives:
Provide a communication line (hotline) between the public and City forces
to report locations of graffiti and to remove the same within 72 hours.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY9S-96 FY96-97 FY97-98
GRAFFITI REMOVAL PUBLIC PROPERTY SQ FT 117764 116000 120000
GRAFFITI REMOVAL TROLLEY CORRIDOR SQ FT 3973S 2S000 20000
FY97 -98 Proposed Budget/Goals & Objectives /;¿J; .-- 3~,2S-
--..-- u.......__.__.._._
TRAFFIC OPERATIONS MAINTENANCE
1.432
Goals:
Hazardous waste disposal in accordance with County, State and Federal
regulations.
Objectives:
Disseminate hazardous waste information and provide training and awareness
to City personnel regarding the use, storage and disposal of toxic
materials.
Removal of hazardous waste within 90 days of start of accumulation date.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
TRAFFIC PAINT WASTE DISPOSAL GALLONS 275 ,220 220
MISC. PRINT SHOP(CLOSED) PRK MTRS GALLONS 15 00 00
WASTE SOLVENT/OIL-BASED GALLONS 20 15 00
FY97-98 Proposed Budget/Goals & Objectives /;¿,¿ -3 -- ..2?
-......---..-,..-
STREET MAINTENANCE
1440
I Goals: I
Maintain city streets.
Objectives:
To maintain streets to promote safe traffic flow and reduce liability to
the City.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
STREET RECONSTRUCTION SO FT 63539 65175 65175
POT HOLE PATCHING POTHOLES 2662 3636 3636
RESURFACE SEWER LATERAL CUT SO FT 12562 9835 9835
CURBLINE A. C . REPAIR SO FT 4142 3024 3024
SKIN PATCHING AND CAPPING SO FT 29841 62886 62886
FY97-98 Proposed Budget/Goals & Objectives /;¿}; -Yrø2?
.... __u.__.._..
STREET MAINTENANCE
1440
Goals:
Repair sidewalks, curbs and gutters.
Objectives:
To maintain sidewalks, curbs and gutters to eliminate trip hazards caused
by city trees, promoting safe pedestrian movement and prevent liability
claims.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
PLACE SIDEWALK WEDGES WEDGES 153 300 312
SIDEWALK REPLACEMENT PROGRAM CNTCT # JOBS 60 60 60
FY97-98 Proposed Budget/Goals & Objectives Jo1þ ~3-;¿7
.- ...~--
STREET MAINTENANCE
1440
I Goals: I
Maintain city storm drain channels.
Objectives:
To maintain storm drain channels and other drainage systems in conjunction
with the sewer division to eliminate flooding and meet State standards for
siltation basins and the Bonita Long Canyon Dam.
Performance measures are 30% of total work done during FY 95-96. The
remainder is done by the sewer division.
PERFORMANCE MEASURES: ,
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
CLEAN LINED CHANNELS SQ FT 119814 133685 133685
CLEAN UNLINED CHANNELS SQ FT 16800 25000 25000
FY97-98 Proposed Budget/Goals & Objectives /~b --:J-~1
M'_.'_~'_
STREET MAINTENANCE
1440
Goals:
Weed abatement on public property fire hazards.
Objectives:
To maintain City alleys, easements, and City-owned vacant lots by
eliminating weeds, trash, and other debris.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY9S-96 FY96-97 FY97-98
WEED ABATEMENT 1 SQ FT I 413930 1417600 I 417600
FY97-98 Proposed Budget/Goals Ii< Objectives /;2.1:> -:]-3tJ
--..--...-
STREET MAINTENANCE
1440
Goals:
Response to miscellaneous requests.
Objectives:
To assist other departments by moving furniture, file cabinets, desks, bus
stop benches, and respond to citizen wo~k request/complaints (potholes,
trash pick up, cleaning easements, alleys, etc. )
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
MISC. REQUESTS BY CITY DEP . ETC HOURS 118 48 48
CITIZEN COMPLAINTS/REQUESTS REQUESTS 123 320 320
FY97-98 Proposed Budget/Goals &, Objectives /;¿h ~ .3~J I
_..._"_m_____.
STREET SWEEPING
1441
Goals:
To provide street sweeping services by contract to residential and
commercial streets and City parking lots.
Objectives:
1. To provide street sweeping in the commercial area of Third Avenue on a
twice-per-week basis.
2. To provide street sweeping in the commercial areas on Broadway from C
Street to Main Street once per week.
3. To provide street sweeping on residential streets once per month.
FY97-98 Proposed Budget/Goals & Obj ecti ves J;2,jy --..J - 3;2..
-~--_._-
STREET TREE MAINTENANCE
1450
Goals:
Trim trees w/City staff, Respond to service requests from residents, root
prune trees, clear right-of-way obstructions, remove trees and stumps, and
put up holiday trim and holiday decorations on special occasions.
Objectives:
l. To trim certain palm trees each year (Date and Coco palms) , Fan palms
on a three year cycle and other trees every four to five years by contract.
2. To trim whole blocks of young trees in newer developments & other trees
citywide as time permits to prevent structural failure.
3. To respond to valid requests for trimming trees w/in 3-4 wks.
4. To respond within 3-4 wks to root pruning requests.
5. To trim trees interfering w/line of sight of motorist, obstructing
traffic signals or causing hazards along sidewalks, w/in 24 hrs.
6. To correct hazards e.g. diseased trees w/in B wks.
7. To trim Memorial Way, Candy Cane Lane, Christmas Circle and the 200-300
blocks of Third Ave in preparation for holiday season. Place holiday
decorations & special event banners for special occasions.
ISSUE: W/decreased staff & contract, anticipate reduced trimming &
elimination of tree planting upon request.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Tree trimming contract # trees 2619 2953 2700
Young tree trim # trees 173 360 360
Block tree trim #: trees 1383 760 760
Clear right-of-way tree obstructns # trees 314 474 474
Trees removed # trees 431 130 130
Tree stumps removed #stumps 36 33 33
Hours spent putting up decorations # hours 427 427 427
FY97-98 Proposed Budget/Goals & Obj ecti yes /cJJ ~:J -33
-...._-,-.._--- ---.
SANITARY SEWER MAINTENANCE
1460
Goals:
Install, operate, maintain 361 miles of waste water lines.
Objectives:
To eliminate or reduce the following problems and provide inspection
services:
A. Health hazard caused by untreated waste water flowing down streets and
water courses during stoppages.
B. Inspection preventive maintenance, surveillance and repair program to
detect system failures.
C. Inflow and infiltration that use a valuable portion of the capacity of
the facilities.
D. Odors from the collective system.
E. Complaints from the public or local officials due to the unreliability
of the collection system.
*Sewer main criticals are cleaned by the flushers or Vac-con every month.
26,610 In ft or 5 miles per month.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
SEWER MAIN CLEANED MILES 250 255 255
SEWER MAIN CRITICALS CLEANED' MILES 28 60 . 60
SEWER MAIN STOPPAGES CLEARED MAINS 80 96 96
NEW SEWER LATERAL INSTALLATIONS LATERALS 20 70 70
SEWER LATERAL REPAIRS REPAIRS 197 260 260
FY97-98 Proposed Budget/Goals & Objectives I)/; -' 3~;?Y
........-...
SANITARY SEWER MAINTENANCE
1460
Goals:
Sewer and storm drain system video inspections.
Objectives:
A. TO continue an ongoing preventative maintenance through video analysis
on collection system to identify existing or potential problems.
B. To help in development of annual capital improvement projects for
engineering.
C. To evaluate the seriousness of detected problems.
D. Locate the position of problems and provide clean, concise and
meaningful reports.
E. Use the TV equipment to pinpoint exact location of sewer main breaks and
thus tear up as little of the street as possible.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95- 96 FY96-97 FY97-98
CLEAN FOR INSPECTION LN FT 60091 59940 59940
INSPECTION FOR PWO, ENG, ETC. . LN FT 464694 61296 61296
FY97 -98 Proposed Budget/Goals & Objectives /)h -J~J5'
..__.~-,...-
SANITARY SEWER MAINTENANCE
1460
Goals:
Maintain the storm water drainage system.
Objectives:
In conjunction with the street department and County probation crews,
maintain normal flow of approximately 150 miles of pipes, lined and unlined
channels and culverts in about 38 square miles of territory within the
city. During rainy season (especially during storms) respond to related
emergencies.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
CATCH BASINS CLEANED AND FLUSHED BASINS 83 156 156
LINED STORM CHANNELS CLEANED SQ FT 399381 445617 445617
UNLINED STORM CHANNELS CLEANED SQ FT 56008 460314 460314
STORM DRAIN PIPES CLEANED LN FT 1100 2400 2400
PROBATION CREW STORM CHANNELS SQ FT 503843 321670 321670
PICK UP MATERIALS LEFT PROBATION HOURS 169 222 222
FY97-98 Proposed Budget/Goals & Objectives /J.Þ~;1~:J(?
-"'--.-.--.--.-.-- --
SANITARY SEWER MAINTENANCE
1460
Goals:
Complete cement work generated by sewer maintenance.
Objectives:
To sawcut, breakout, form, pour and finish all sidewalks, driveways, curbs
and gutters generated by sewer main & lateral repair.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
SAW CUTTING LN FT 20J.6 2000 2000
REMOVE CONCRETE SIDEWALKS SQ FT J.3454 HOOO HOOO
POUR & FINISH DRIVEWAYS SQ FT 248J. 2400 2400
POUR AND FINISH SIDEWALKS SQ FT J.3454 HOOO HOOO
CURB & GUTTER REMOVAL LN FT J.J.28 J.200 J.200
CURB & GUTTER FORMING LN FT 793 800 800
POUR & FINISH CURB & GUTTERS SQ FT 824 800 800
BACKFILL SIDEWALK, CURB & GUTTER SQ FT 3223 3000 3000
FY97-98 Proposed Budget/Goals & Objectives J:2h -J~J?
'"..--...-...-....-
SANITARY SEWER MAINTENANCE
1460
Goals:
Utility rnarkouts and customer services request.
Objectives:
l. Utility rnarkouts to prevent damage to sewer mains & laterals, storm
drains, and telephone lines to flow recorders.
2. Clear lateral stoppage from property line to sewer main.
3. Assist property owners in location of property line cleanouts.
4. To place enzymes chemicals in sewer main to help in the break down of
grease in critical sewer mains.
5. Dye testing to determine if property is connected to sewer mains so
Engineering can properly bill owners.
6. Miscellaneous sewer complaints: any other sewer related problems such as
sewer odors, meet with contractors on storm drain & sewer problems.
* One utility markout may include several hours and/or miles to complete
due to size of project and multiple markings needed.
Issue: Utility markouts are increasingly consuming more time to complete
due to remarking projects every two weeks as required by underground
service alert and because of the increasing length of some of the projects.
Markouts are mandated by State & Federal law.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
UTILITY MARKOUTS * MARKOUTS 2568 2511 2511
LATERAL STOPPAGES STOPPAGE 250 267 267
LOCATE ACCESS COVERS/CLEANOUTS EACH 113 69 69
PLACE ENZYMES EACH 1172 1173 1173
DYE TESTING . TESTS 18 12 12
MISC. SEWERS INSTANCE 785 956.22 956.22
FY97 -98 Proposed Budget/Goals & Objectives /c2b -:]- :12r
-----..-.-----" ---.
WASTEWATER LIFT STATION MAINTENANCE
1461
-
Goals:
Waste water lift station maintenance and repair.
Objectives:
To keep waste water lift stations in good operating condition. by preventive
maintenance and fast effective repairs.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-9B
INSPECT LIFT STATIONS INSTANCE 2465 3120 3],20
LIFT STATIONS PM'S INSTANCE 456 1],97 J.l97
LIFT STATION REPAIRS INSTANCE 143 266 266
FY97-98 Proposed Budget/Goals & Objectives /cJJJ -3~JI
.......-......-.-..-.-."
WASTEWATER LIFT STATION MAINTENANCE
1461
Goals:
Swimming pool and NIC maintenance and repair.
Objectives:
To keep swimming pools and NIC water circulation and treatment equipment in
good operation by preventative maintenance and fast effective repairs.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
INSPECT POOLS INSTANCE 1086 1000 1000
POOL PM'S INSTANCE 394 394 394
POOL REPAIRS INSTANCE 77 77 77
NIC PUMP INSPECTION INSTANCE 176 176 176
FY97-98 Proposed Budget/Goals & Objectives )c2 b -3 ~7"Z;
.-..- .-..---
WASTEWATER LIFT STATION MAINTENANCE
1461,
Goals:
Check and maintain meter stations.
Objectives:
Ensure meter stations are clean, secure, operating properly and make all
necessary repairs in a timely manner.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
INSPECT/REPAIR METER STA (63 HRS) I INSTANCE I 98 198 I 98
FY97-98 Proposed Budget/Goals & Obj ecti ves /;¿¿ -3-~1
"____..,u___..,_... --
WASTEWATER LIFT STATION MAINTENANCE
1461
Goals:
Maintenance, repair and cleaning of display fountains.
Objectives:
To ensure fountains are kept clean and in good operating condition by
regular cleaning, preventative maintenance and timely repairs.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-9B
INSPECT/MAINTAIN FOUNTAINS I INSTANCE I 350 1701 I B19
FY97-98 Proposed Budget/Goals & Objectives /;<b --3- y~
u_..
WASTEWATER LIFT STATION MAINTENANCE
1461
Goals:
Preparation of water meter readings and reports.
Objectives:
Record water meter readings, prepare report for proper sewer billing to
Rohr Industries.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
READ WATER METERS INSTANCE 60 72 72
REPORT PREPARATION REPORTS 12 12 12
FY97 -98 Proposed Budget/Goals & Objectives /;2JJ --3-i3
,--_.~,.._--
WASTEWATER LIFT STATION MAINTENANCE
1461
.
Goals:
Installation of waste water flow recorders.
Objectives:
To install devices to collect flow and capacity data from the waste water
collection system for Engineering, Planning, and P.W. Operations.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96 - 97 FY97-98
INSTALL FLOW METERS r INSTANCE 172 172 172
I FY97-98 Proposed Budget/Goals & Objectives )c2h-J-''-I
---..-.-..."-...--.--.--.-
BUILDING MAINTENANCE & REPAIR
1470
. Goals: I
Maintenance of city facilities.
Objectives:
To maintain reliability of city facilities in regards to electrical,
R.V.A.C., plumbing, painting and carpentry.
Issue: This division needs to develop data base programs for energy
management, refrigerants management (required by Federal regulations), lock
and key controlled installation, and R.V.A.C. equipment maintenance
programs with up-to-date record keeping.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
BUILDING MAINTAINED BUILDING 87 88 88
BUILDING SQUARE FOOTAGE SQ FT 393000 430000 430000
SQ FT PER CONSTRUCTION SPEC. (6.5) SQ FT 49125 61429 66153
FY97-98 Proposed Budget/Goals & Objectives );2.2J -3-1/5
-..--.. "".-..-.
BUILDING MAINTENANCE & REPAIR
1470
I Goals: I
Completion of all Minor CIP'S.
Objectives:
To complete all Minor CIP's this fiscal year and within budget, either by
contractual services, or by procuring materials and using city staff.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
MINOR CIP'S CIPS 16 20 10
MINOR CIP'S BUDGET AMOUNT 141100 92775 50000
MINOR CIP COMPLETED (12-95) COMPLETE 16 18 3
FY97-98 Proposed Budget/Goals & Objectives ).).b --y-- '~
--~._~_._--
BUILDING MAINTENANCE & REPAIR
1470
Goals:
Completion of on-going Major CIP's projects.
Objectives:
To develop, monitor, and complete Major CIP's by consulting with
departmental staff, architects, inspectors and contractors.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
MAJOR CIP'S PROJECTS MONITORED EACH 24 26 20
MAJOR CIP'S PROJECTS COMPLETED EACH 12 15 5
FY97-98 Proposed Budget/Goals & Objectives /c2i> -3- '17
.--......
CUSTODIAL MAINTENANCE
1471
Goals:
Custodia~ service for City facilities and securing buildings.
Objectives:
1- TO provide custodial services to city facilities by using federal and
state guidelines. Properly disinfect city facilities such as restrooms,
shower areas, j ail area, gun range I and crime lab. Decrease possible
exposure by reducing the spreading of infectious germs.
2. Monitor contract services.
Issue: To increase self-development and communication in the division.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
CUSTODIAL CREW 14 FTE (26 BUILD) SQ FT 256188 302788 302788
CONTRACT SERVICES 1 BUILDING SQ FT 46600 8500 8500
FY97-98 Proposed Budget/Goals & Objectives ),J..b '-J~tf!J
-.---......-
COMMUNICATIONS
1480
Goals:
Ensure that all City communications equipment, particularly that used by
Police and Fire, is operating and maintained at a high level of
performance.
Objectives:
To provide immediate response for repairs to Police and Fire emergency
communications equipment 24 hours per day.
To provide support for repair of non-emergency equipment utilized Citywide.
To provide emergency services and maintenance assistance to
Bonita-Sunnyside Fire Protection District for fire dispatch emergency
communications systems and equipment.
To ensure future communications equipment and services meet minimum
standards of quality and maintainability.
To maintain all audio/visual equipment, coordinate with outside contractors
and vendors for installation of communications equipment, and update City
equipment to ensure continued compatibility with other agencies in the
region.
ISSUES: Implementation of pending Police Computer Aided Dispatch System,
(C.A.D.) 800 mhz radio transitions.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
MOBILE RADIOS each 250 250 250
PORTABLE RADIOS each 140 140 140
DISPATCH CONSOLES each 10 10 10
PUBLIC SAFETY DISPATCH CONSOLES each 7 7 7
REMOTE RADIO SITES each 6 6 6
FIRE & SECURITY ALARM SYSTEMS building 5 5 5
SOUND SYSTEMS building 9 9 9
FY97-98 Proposed Budget/Goals & Objectives /;26-- 3-Y1
..._--,.,'..
CENTRAL GARAGE
7000
Goals:
Properly maintain all (440 units) City vehicular, Park Maintenance and Tree
Trimming, and other equipment.
Objectives:
TO protect the city's investment in the motive fleet and other fixed assets
by providing timely preventive maintenance inspections.
To protect the environment by ensuring that the units of the motive fleet
meet the current published standards for vehicle exhaust emissions.
To ensure that city forces operate safe vehicles and trucks by performing
inspections pursuant to the current standards published by state and
federal agencies.
To provide a central source for the purchase and monitoring of fuel used by
city forces.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
preventìve Maintenance Inspections Each :1.440 :1.462 :1.462
Preventive Maintenance Others Each 64 72 72
Vehicle Emission Test Gas & Diesel Each :1.22 J.3:1. J.3:1.
Cal-OSHA Safety Inspections Each :1.2 :1.2 :1.2
CHP BIT Inspections Each 72 72 72
Unleaded Gasoline for City Forces Gallon 200000 220000 220000
Diesel Fuel City and Transit Gallon 385000 375000 375000
Compressed Natural Gas Therm :1.2000 :1.2000 :1.2000
Propane Gallons 600 600 600
FY97-98 Proposed Budget/Goals & Objectives /02J:; - .3 - .5'¿J
-_.~.. ...--....---. -,..,.
EQUIPMENT REPLACEMENT
7050
Goals:
To provide for the replacement of units of the motive fleet when it is
economically advantageous with purchase specifications that reflect the
latest automotive industry technology.
Objectives:
Remove from the motive fleet those units which are underutilized, the
oldest and most costly to operate, and to dispose of these units in such a
way as to maximize the revenue returned to the replacement fund.
Purchase replacement units of the motive fleet that will allow city forces
to perform their duties in the most efficient way.
PERFORMANCE MEASURES:
DESCRIPTION UNIT FY95-96 FY96-97 FY97-98
Fleet Replacement # veh 25 35 35
Dollars spent $ total 632,029 917,418 917,418
FY97-98 Proposed Budget/Goals & Objectives );¿b -3~.Þ/
-.._._--~_._-~--
CHULA VISTA TRANSIT
4020
Goals:
l. Develop public transportation services in the most cost effective
manner, by maintaining or exceeàing total passengers per revenue mile anà
total passengers per revenue hour during each fiscal year, achieving an
operating cost per revenue mile and operating cost per revenue hour at a
rate increase that àoes not exceeà the annual San Diego CPI, anà
maintaining or improving both systems' recovery ratio (fare
revenue/operating costs) .
2. Increase the quality and quantity of public transportation services to
proviàe a means of transportation for people without access to· the
automobile, and to offer a viable tr~~sportation alternative to the
automo::'ile.
Issue: In this region, the SANDAG Board has designated all TDA Article 4.5
funded ?a~atr~~sit operations (incluàing HanàYtrans) as Complementary
Paratr~~sit Service as defined by the Americans with Disabilities Act. The
ADA ma:nåates that, effective January 27, 1997, all fixeà route public
transit operations must have complementary paratransit service available
for use by ADA certified individuals who are unable to use the fixed route
system; anà that this paratransit service operate the same hours anà within
a 1.5 corriàor parallel to the fixeà route system. THIS REQUIREMENT IS AN
UNFUNDED MANDATE. CUrrently, HandYtrans oeprates Monàay through Friàay
from 7:00 am to 6:00 pm and on Sunday from 8:00 am to 2:00 pm. By January
27, 1997, HandYtrans must operate between approximately 5:00 am and 11:30
pm, seven days per week (the same, hours as CVT) .
Objectives:
l. To maintain or improve system productivity by maintaining or exceeding
total passengers per revenue mile and total passengers per revenue hour
during each fiscal year.
2. TO achieve an opèrating cost per revenue mile and operating cost per
revenue hour, at a rate of increase that does not exceed the annual San
Diego area Consumer Price Index (CPI) .
3. To maintain or improve both systems' recovery ratio (fare revenue
àiviàeà by operating costs) .
4. To expand transportation services to areas of new growth, particularly
in eastern Chula Vista, in order to achieve a service level where 80% of
the Chula Vista population is locateà within 1/4, mile of a CVT bus stop.
FY97-98 Proposed Budget/Goals & Obj ecti yes 10<); ;- 3".5.2..
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CHULA VISTA TRANSIT
4020
Continued. . .
5. To improve access to CVT and R~~dYtrans for disabled passengers in
accordance with the standards and requirements of the Americans with
Disabilities Act (ADA) of 1990.
6. To coordinate with new developmen~ and construction projects to insure
accessibility to public transit.
7. To ?TOmote an attitude that transit ride~s are our customers and the
main focus of our business which means that we treat all customers
courteously and professionally ~~d maintain clean, safe, and comfortable
vehicles.
8. To respond to all customer complaints/concerns in a timely manner, not
to exceed 48 hours. I
9. To monitor system performance in order to insure reliable and safe
service.
10. Ta IT~intain vehicles that are clean, safe, and comfortable and to
insur~ regular repairs and preventive maintenance work consistent with
established preventive maintenance and inspection schedules.
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PERFORMANCE MEASURES: ,
DES=PTION UNIT FY95-96 FY96-97 FY97-98
1. CVT passengers (in millions) #psngers 2.50 2.58 2.6
2. CVT operating cost per revenue cost $2.69 $2.90 $3.10
mile.
3. Subsidy per CVT passenger subsidy $0.71 $0.74 $0.77
4. HandYtrans passengers #ps~gers 35,674 37,500 39,000
5. HandYtrans operations costs cost $26.84 $27.00 $27.70
per revenue hour. I
6. HandYtrans subsidy per subsidy $4.38 $8.55 $12.40 i
passenger I
FY97-98 Proposed Budget/Goals & Objectives /Jb -:5-53
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