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Agenda Packet 1997/05/13
". declare ..ndar panalty of perjury that 1 alft employed by the City of Chula Vista in the Office of the City Clark and that I posted Tuesday, May 13, 1997 this Agenda/Notice on the Bulletin Board at Council Chambers the Public r cas Building an at City HaIJ on 6:00 p.m. DATED, -" ~f:P Public Services Building of the Cit of Chu á Vista ouncil CALL TO ORDER 1. ROLL CALL: Councilmembers Moot _' Padilla _' Rindone _' Salas _' and Mayor Horton _" 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: None submitted. 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming the week of May 12 through May 16, 1997 as "LAW ENFORCEMENT WEEK" and Thursday, May 15, 1997 as "PEACE OFFICERS MEMORIAL DAY." Mayor Horton will present the proclamation to Police Chief Rick Emerson. b. Proclaiming the week of May 12 through May 16, 1997 as "TRY TRANSIT WEEK." Mayor Horton will present the proclamation to William Gustafson, Transit Coordinator. c. Presentation of the Cal-West Silver Bowl Award to Daniel Higgins, General Manager of Laidlaw. The award, in recognition of outstanding volunteer service for the benefit of young people in the Chula Vista community, will be presented by Dr. Libia ail, Superintendent of the Chula Vista Elementary School District, and Vickie Velasco, representing the United Way Volunteer Center. d. Proclamation congratulating Bonita Vista High School on receiving the Sweepstakes Award. Mayor Horton will present the proclamation to Bonita Vista High School Band Director Rick Lorenzen. e. Professor Bill Neill, Executive Director of San Diego County Electric Vehicle Consortium, will present the City with an award of excellence for use of electric vehicles. f. Thomas R. Langley, Assistant Secretary of Veterans Affairs for the Southern California Veterans Home Project, will make a presentation on the Chula Vista Veterans Home Project. CONSENT CALENDAR (Items 5 through 6) The staff recommenthztions regarding the following items listed under the Consent CalentÚlr will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public, or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" avaiÚlble in the lobby and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calenthzr will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNlCA nONS: a. Letter from the City Attorney sl>lting that to the best of his knowledge from observance of actions I>Iken in Closed Session on 5/6/97 in which the City Attorney participated, that there were no reportable actions which are required under the Browu Act to be report. It is recommended that the letter be received and filed. ---,-_. - _..._.~-_._.__.,--,--_._....~--_._--"----" Agenda -2- May 13, 1997 6. ORDINANCE 2708 AMENDING SECTIONS 19.64.150 AND 19.64.155 OF THE MUNICIPAL CODE TO ELIMINATE DAMAGE PERCENTAGE RESTRICTIONS RELATED TO RECONSTRUCTION OF NONCONFORMING RESIDENTIAL UNITS WITHIN THE CITY (second readin.. and adootion) Council recently received written and oral comments from residents wishing to secure financing of residential properties which are classified as nonconforming based on zoning and/or density and therefore have reconstruction limits if partially or completely destroyed. This is to amend the Municipal Code in order to eliminate damage percentage restrictions related to reconstruction of these nonconforming residential units. Tbese provisions would not apply to properties zoned Industrial. Staff recommends Council place the ordinance on second reading and adoption. (Director of Planning) · · · END OF CONSENT CALENDAR · · · ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council's jurisdiction that is not an item on this agenthz for public discussion. (State ÚlW, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the "Request to Speak Under Oral Communications Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. 7. PUBLIC HEARING REVIEWING (A) FISCAL YEAR 1997/98 DRAFT ANNUAL PLAN AND CONSIDERING PUBLIC COMMENT AND TESTIMONY REGARDING THE PLAN; AND, (B) HOUSING AND COMMUNITY DEVELOPMENT NEEDS FOR FISCAL YEAR 1997/98; HOME INVESTMENT PARTNERSHIP PROGRAM; AND THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, INCLUDING CONSIDERATION OF FUNDING REQUESTS FOR PUBLIC SER.VICES, CAPITAL IMPROVEMENTS, COMMUNITY DEVELOPMENT, AND ADMINISTRATION AND PLANNING - Each year the City undertakes a process to solicit and approve programs and projects eligible for Federal funding. This item addresses the review and adoption of the Annual Plan, the annual HOME Investment Partnership program (HOME), and the CDBG program. The public hearing provides an opportunity for citizens and Council to testify and comment on the draft Annual Plan and how CDBG funds can be allocated to meet the City's housing and community needs. Staff recommends Council conduct a public hearing, accept the staff report, and direct staff to return on or about 6/10/97 with a final draft of the Annual Plan and with a CDBG funding recommendation report. (Director of Community Development) NOTE: TIME CERTAIN FOR 7:00 P.M. JSlJlJNIJAKI'O::'IIi ... nl A ,'..·."M..·"'·I , 1 U","·.'U II H.' 1.1"7 11"1 "1.' nnIUIl,'n.,....'~. Agenda -3- May 13, 1997 BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions, and/or Committees. None submitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staffrecommenthztions 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. S.A. RESOLUTION 18660 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 90-07, SUNBOW II, UNITS 1 AND 2 - On 5/22/90, Council conditionally approved the Tentative Subdivision Map for Tract 90-07, Sunbow 11. On 7/20/93, Council affirmed a Planning Commission resolution to approve a one-year tentative map extension. One condition of approval for the Tentative Subdivision Map required that the developer enter into an agreement with the City to guarantee the construction and delivery of low and moderate income units in a timely manner. To comply, the applicant, A.C.I. Sunbow LLC, has prepared an Affordable Housing Agreement for tbe Sunbow 11 Planned Community. Staff recommends approval of the resolutions. (Director of Community Development and Director of Public Works) B. RESOLUTION 18661 APPROVING SUPPLEMENT AL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 90-07, SUNBOW II, UNITS I AND 2 C. RESOLUTION 18662 APPROVING AN AFFORDABLE HOUSING AGREEMENT RELATED TO SUNBOW II AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT 9.A. RESOLUTION 18663 APPROVING THE BOUNDARY MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT 97-01 OF PROPERTIES TO BE ASSESSED FOR STREET IMPROVEMENTS ON THE 400 BLOCK OF OXFORD STREET - As a preliminary step in the assessment district proceedings it is necessary to request that resolutions be approved for the proposed map boundary. ordering the installation of the improvements and setting public hearings on the resolution of intention to form the assessment district. Staff recommends that Council approve the resolutions and set the public hearings for 7/15/97 and 7/22/97 at 6:00 p.m. (Director of Public Works) B. RESOLUTION 18664 ORDERING INSTALLATION OF IMPROVEMENTS ON OXFORD STREET BETWEEN FOURTH A VENUE AND FIFTH A VENUE, ORDERING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE AND ORDER CONSTRUCTION AND SETTING PUBLIC HEARINGS ON RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 97- 01 PURSUANT TO THE BLOCK ACT OF 1911 --_.,,_.._,--,_.~-"---"" _._._--_._,,-_..~---- Agenda -4- May 13, 1997 10. PUBLIC HEARING REQUEST FOR AN ALL-WAY STOP ON TERRA NOVA DRIVE AT PLAZA DEL CID - On 2/13/97, the Safety Commission voted to accept staffs recommendation to install an all-way stop with a painted crosswalk on the westerly side of the intersection of Terra Nova Drive and Plaza del Cid. Subsequently, a resident and the developer of the subdivision, Continental Homes, requested that the all-way stop not be instaUed or moved to a different location. Staff recommends Council hold the public hearing and approve the resolution. (Director of Public Works) RESOLUTION 18665 REAFFIRMING THE DECISION OF THE SAFETY COMMISSION TO INSTALL AN ALL-WAY STOP AT THE INTERSECTION OF TERRA NOVA DRIVE AT PLAZA DEL CID AND DENY THE REQUEST NOT TO INSTALL OR MOVE THE SIGN TO A DIFFERENT LOCATION ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. AgentÚl items pulled at the request of the public will be considered prior to those pulled by Councilmembers. OTHER BUSINESS 11. CITY MANAGER'S REPORTCS) a. Scheduling of meetings. 12. MAYOR'S REPORTCS) 13. COUNCIL COMMENTS Councilmember Rindone a. Participation in "Try Transit Week." b. Naval Family Relocation Fair. ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on May 20, 1997 at 6:00 p.m. in the City Council Chambers. "--",-- ---"_._,-~--.---~_._- '" declera wnder penelty of perjury that I em employed by the City of Chuia Vista In the Office of the City Clerk and t:\at : posed . Tuesday, May 13, 1997 thIs Age~da/Notice on the Bulletin Board at . Council Chambers 6:00 p.m. the PUb~ Building ~at~ Pubhc ServIces BuIldmg (immediately following the City MTdia.. t SIGNED '/ :n~, City of Chula Vista City Council CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Councü states otherwise at this time, the Council will discuss and deliberate on the following items of business which are pemùJted by ÚlW to be the subject of a closed session discussion, and which the Council is advised should be discussed in cÚlsed session to best protect the interests of the City. The Council is required by ÚlW to return to open session, issue any reports of final action taken in cÚlsed session, and the votes taken. However, due to the typical length of time taken up by cÚlsed sessions, the videotaping will be terminated at this point in ortler to save costs so that the Council's return from closed session, reports of final action taken, and aq;oumment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be avaiÚlble in the City Clerk's Office. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING - Existing litigation pursuant to Govenunent Code Section 54956.9 · Jones Intercable v. City of Chula Vista. · Cruz v. City of Chula Vista. · Griffin v. City of Chula Vista. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Govermnent Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA) and Western Council of Engineers (WCE), Police Officers Association (POA) and International Assòciation of Fire Fighters (IAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION --._- April 29, 1997 MEMO TO: City Clerk ' Pat1y W",p ~ FROM: ~ SUBJECT: SPECIAL ORDERS OF THE DAY - 5/13/97 Please calendar the following item under Special Orders of the Day: Proclaiming the Week of May 12 thru May 16, 19997 as LAW ENFORCEMENT WEEK and Thursday, May 15, 1997 as PEACE OFFICERS MEMORIAL DAY The enclosed proclamation will be presented to Police Chief Rick Emerson. Encls. ~~/ May 5, 1997 MEMO TO: Carla Griffin, City Clerk's office FROM: Patricia SalvaCiO~MaYOr/Council office SUBJECT: SPECIAL ORDERS OF THE DAY - MAY 13,1997 Please docket the following proclamation for the 6 pm meeting on May 13, 1997: PROCLAIMING THE WEEK OF MAY 12 THROUGH MAY 16 AS TRY TRANSIT WEEK AND under COUNCIL COMMENTS please add: Councilman Rindone - Participation in "Try Transit Week". Thank you. If/; -) _,__________··_n"_____ - --~-""-"_."..__._,._-,_._._-~_._-_. April 21, 1997 MEMO TO: City Ct,,,, ~ FROM: Patty Wes - SUBJECT: SPECIAL ORDERS OF THE DAY - 5/13/97 Please calendar the following item under Special Orders of the Day: Presentation of the Cal- West Silver Bowl Award to Daniel Higgins, General Manager of Laidlaw The award in recognition of outstanding volunteer service for the benefit of young people in the Chula Vista community, will be presented by Dr. Libia Gil, Superintendent of the Chula Vista Elementary School District and Ms. Vickie Velasco, representing the United Way Volunteer Center. Thank you. 'Ie ~ / - .----..-- ----------------- CHULA VISTA ELEMENTARY SCHOOL DISTRICT 84 EAST "J" STREET . CHULA VISTA, CALIFORNIA 91910 . 619 425-9600 EACH CH1LD IS AN INDIVIDUAL OF GREAT WORTH ill U Œ UU W. BOARD OF EDUCATION April 21, 1997 JOSEPH D. CUMMINGS. PhD. 24'-- ¡ SHARON GILES PATRICK A JUDD PAMElA S. SMITH MIKE A SPEYRER COUNCIL Off/CES SUPERINTENDENT Mr. Dan Higgins, General Manager CKULA VISTA CA USIA S. GIL. PhD. Laidlaw Waste Systems 881 Energy Way Chula Vista, California 91911 J)a,1\.> Dear ~ins: This confirms you will be recognized at the May 13 Chula Vista City Council Meeting to receive the United Way Cal-West Silver Bowl Award. The meeting begins at 6 p.m. in Council Chambers and your presentation will be on the beginning of the agenda under "Special Orders of the Day." Ms. Vickie Velasco of the United Way Volunteer Center and I will present your award. , Congratulations...1 look forward to your receiving this prestigious award in recognition of your outstanding volunteer service for the benefit of young people in the Chula Vista Community. Sincerely, Ü~;W" Libia S. Gil, Ph.D. Superintendent LSG:SP cc: Board of Education Ms. Vickie Velasco ' The Honorable Shirley Horton~ YG--c2, "---.._--..... _._-~-~----~."." May 8, 1997 MEMO TO: Carla Griffin, City Clerk's office FROM: Patricia salvaciof Mayor/Council office SUBJECT: SPECIAL ORDERS OF THE DAY - MAY 13, 1997 Per Councilman Padilla's request, please docket the following proclamation for the Council meeting on May 13, 1997: CONGRATULATING BONITA VISTA HIGH SCHOOL ON RECEIVING THE SWEEPSTAKES AWARD The proclamation will be received by the Bonita Vista High School Band Director, Rick Lorenzen. Thank you. J/çf~ / ..... --'~"-"'-"-"-'''''--' -- ._------~--- MEMORANDUM April 30, 1997 TO: Beverly Authelet, City Clerk Chris Salomone, Community Development Director cß . FROM: SUBJECT: Special Orders of the Day - Veterans Home Presentation on May 13, 1997 I would like to request that representatives from the State Department of Veterans Affairs be given the opportunity to make a presentation before City Council on May 13, 1997 under the special orders of the day. Mr. Thomas R. Langley, Assistant Secretary of Veterans Affairs for the Southern California Veterans Home Project, will be making a 10 minute presentation on the Chula Vista Veterans Home Project. If you have any questions regarding this matter, please call Juan P. Arroyo at ext. 3234. JA:ah IAH\C:\ WPWIN\JUAN\MEMOS\MA Y13. MEMJ cc: John D. Goss, City Manager Sid Morris, Assistant City Manager 1/ -(?- / .._---~.,_._,_..,- -.- -~---_._.,-~-- STATE OF CALIFORNIA PETE WILSON, Governor DEPARTMENT OF VETERANS AFFAIRS Q POST OFFICE BOX 942B95 SACRAMENTO, CALIFORNIA 94295-0001 (916) 653-2293 MAY 13, 1996 CHULA VISTA CITY COUNCIL SOUTHERN CALIFORNIA VETERANS HOME PROJECT · VHC-Barstow opened for residents on February 26, 1996. There currently are 100 Domiciliary residents . Our Nursing Home Care accommodations will be full in mid-May. The facility will accommodate 220 domiciliary and 180 Nursing Home Care residents. We need your help in spreading the word to all veterans, male & female, single and married, that your new home in Barstow is ready for you now. We know life there must be good; we just had our fIrst marriage! · The residents at our veterans homes are enjoying a good life secure in the knowledge that they have reliable medical care and new friends for an active social life. There are many advantages of a veterans home located in communities like Chula Vista and Barstow where the residents can take advantage of community life. Help us by assisting veterans to make this decision for a positive change of life style. We are excited about our Chula Vista Ground Breaking on May 17. We will celebrate Barstow's fIrst anniversary of Dedication Day on May 18, a great weekend for veterans and our communities. · VHC-CV is a $33 million project. Actual construction cost will be $25-27 million depending on the bidding. The remaining funds will go to design and engineering, site preparation, outfItting and start- up, furniture, fixtures and equipment. When completed and operating, the home will bring you 258 new state employees, $13 million payroll, numerous contracts for logistics, food service and maintenance services, 400 new residents (and new voters!) from other parts of the state and a modem retirement community that will be the pride of the state. This is all state, federal and resident's funds. The state provides 35 % of construction funding for the Chula Vista site. The State Treasurer is preparing for the sale of revenue bonds and we are waiting for approval of the design by the USDV A for their grant of 65 % of the projecI costs. · S/W Design Group Inc. has completed the design of the Chula Vista facility which used Barstow as a prototype but we will have one of the Domiciliary buildings completed as a nursing care unit and another Dom completed for Alzheimer's care. There will be two Dom buildings, 112 beds for residential living. Lessons learned at Barstow also defmed the need for an additional 15,000 sq. ft. for administration and medical services. · We intend to be partners in many activities in the Chula Vista area. We will work closely with the Sharp Hospital and the La Jolla V A Medical Center. We would like to provide work-study and intern possibilities to the Sweetwater College District. Our veterans will welcome volunteer activities in the home and many will want to volunteer in the community, perhaps mentoring in the school district. Our Alzheimer's care unit would like to aff¡jiate with the UCSD Medical School. We want to be good neighbors and citizens. We would welcome any ideas or suggestions. PUTTING VETERANS FIRST J/-f: / VETERANS HOME OF CALIFORNIA-BARSTOW 100 East Veterans Park\\-ay Barstow. CA 9231l Commonlv asked questions about the Veterans Home of California Barstow's admission process and operation. Q. \Vhat is the process for admission? A. There are a number of steps in the process, and they are: a. Satisfy these basic qualifications: -At least 62 years of age or disabled -Veterans of war-time service -Resident of the State of California at time of application. b. Submit an application with all the required documentation. c. The application is reviewed by the Admissions Committee for completeness and to determine that the applicant's needs can be met within the Veterans Home Program. d. Selected applicants are notified of their selection and a suggested reporting date far enough in advance to give the veteran time to make preparations for the move to the home. The time may be 30-90 days depending on the requirements of the veteran or the Home. Q. There must be a number of rules and procedures a new resident must become familiar with. How do I find out what I'm supposed to do - when, where, and how? A. All new residents are provided with a thorough briefing and orientation upon arrival at the Home. This orientation is very extensive and will answer the vast majority of questions a new resident might have. Q. Will I have a private room? A. All residents share a room with a fellow veteran. J/t~ ~ 6/96 ---.--.--.- .-..- ___,. _ ~~_.__~___.__m · VETERANS HOME OF CALIFORNIA-BARSTOW Q How will my roommate be chosen" A. The Home will attempt to match residents on the basis of a resident social survey where the preferences and lifestyles of residents are reviewed and an effort is made to assure compatibility. Since the Veterans Home is a home in every sense of the word, when assignment of roommates does not work out, every effort is made to accommodate the residents' choices. Q. Willi be able to work while at the Home? A. Resident may be employed at the Home under the Resident Employment Program. This program allows residents to work in a variety of positions, and because the program is approved by the U.S. Department of Veterans Affairs (V A) the monies earned will not impact any pension eligibility. Residents will be able to utilize their considerable skills for the benefit of the Home and their fellow residents. Employment outside the home is not authorized. Q. Will there be facilities for washing and drying clothes? A. tach donnitory will have washers and dryers. There will also be weekly laundry pickup on campus by a local commercial laundry. The commercial services will be at the resident's own expense. Q. What kind of feeding arrangements will the Veterans Home have? A. There will be a large dining facility with sufficient space to feed all residents and staff. and providing a variety of well prepared and nutritious meals. Additionally, there are small kitchenettes in each of the domiciliary units where residents will be able to prepare small meals. There will be an ice machine, a refrigerator, stove, microwave, large coffee urn, and a toaster. The kitchenette will also have a small number of dishes, pots and pans, and eating utensils. Q. What are the qualifications for a residential level placement versus a nursing placements" A. The various living areas are identified by tenns relating to the level of support care required. The residential level is for those residents who are essentially fully independent and require very little assistance to no assistance at all in completing their activities of daily living (Examples are balhing, eating, taking medicines, walking, and dressing). As the requirement for assistance increases, the resident may require the support provided in the next level of care (Intennediate Care), and if even more assistance is required, the resident may require the services of the Skilled Nursing Care unit. The philosophy of the California Veterans Home system is to maintain residents at the highest level of functioning possible. 2 .. VETERANS HOME OF CALIFORNIA-BARSTOW Q If I should decide to enter the Home. may I le:lve if I want t00 A. Residents are free to leave the Home at any time. However. most residents enter the Home with the intenlion of taking up permanent residence. There are very few residents who elect to le:lve. Q. Will I be able to leave the Home on overnight, weekends or on longer vacations? A. The Home has provisions for residents to take leave of absences for varying periods. Vacations are authorized. Q. How much does it cost to live at the Veterans Home.? A. Fees for the Home are based on a schedule according to the degree of care required by the veteran. Fees are less at the residential level than for the nursing levels due to the need for additional assistance to be provided by Ihe nursing staff. The fees are as follows: Residential - 55% of the veteran's income up to a limit of$I,200 per month, whichever is less. Intermediate Care - 65% of veteran's income up to a limit of$2,300 per month, whichever is less. Skilled Nursing - 70% of veteran's income up 10 a limit of$2,500 per month, whichever is less. Q. How will I obtain any required health care? A. There will be physicians and other professional medical and nursing staff assigned to the home, either as state employees or contract staff to provide for routine health requirements. For ailments that require specialty services. the home will first attempt to refer the veleran to the nearest USDV A (V A) facility, or to a private facility with whom the Home has established transfer agreements. Q. Will smoking be allowed? A. In accordance with state policy, smoking will not be authorized in any building. Smoking will be allowed in open, outdoor areas. Q. Will I be allowed to keep alcoholic beverages in my room? A. The consumption of alcohol will not be allowed at the Home, except during special Home-sponsored functions (picnics, parties, etc.) 1/(/;5 J ...._-,.,..._.~. ....n . -..-.-. . ·_____,___..____m__ · , VETERANS HOME OF CALIFORNIA-BARSTOW Q Are there any facilities for visitors to stay on the grounds" A. No. There are no guest facilities on the Home grounds. Q. Am I allowed to have visitors in my quarters? A. Yes. However, domiciliary residents may have visitors in the common area. Nursing unit residents may have visitors in their rooms. Q. Will I be allowed to keep a pet0 A. No. Unfortunately, there are no facilities for pets. Q. May I bring personal belongings? A. Yes. There will be space for limited personal belongings and storage space for off-season clothing. Each resident will have a wall closet, chest of drawers, bedside table and storage beneath the Captain's Bed. (Storage space is not available for pianos, chest of drawers, etc.) Barstow's weather varies from cool in the spring to very hot through September. Fall has moderately mild temperatures accompanied by strong, gusty winds with cold temperatures in winter. The rainy season varies from November to March. Q. Will there be a place on campus to purchase common items such as toothpaste, shaving cream, socks, etc.? A. Yes. The Home plans to operate a small exchange that will carry an array of toiletries, t- shirt's, cups, hats and snack items. 4 -'~"------'...'..'-'-- " --..--... _ __u .. ..~"_.___._____~.._._..___.~_._._...______m'__···.··_·_ __~._,__._.______m"·'_.,_ _...___~,_____,,_ , j ~ ,... -. '~./'" NOT SCANNED May 8, 1997 TO: The Hooonble Mayrn- "'" City Cmmcil ~ FROM: John D. Goss, City ManagezJq ~ / SUBJECT: City Council Meeting of May 13, 19 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, May 13, 1997. Comments regarding the Written Communications are as follows: Sa. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 5/6/97 in which the City Attorney participated, there were no reportable actions which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LEITER BE RECEIVED AND FILED. JDG:mab .. -...--..-.- ---- .m_._.__·._"-_ .__._..........__...___.-___.__ ~{~ :...- ~ ""...¡¡¡;~~ .......- ---- CllY OF CHUlA VISTA OFFICE OF THE CITY A TIORNEY Date: May 7, 1997 To: The Honorable C10S::S::: ~ From: John M. Kaheny, City Attorney Re: Report Regarding Actions Tak for the Meeting of 5/6/97 The City Council met in Closed Session to discuss the Claim of Steve Griffin and U.S.A. v. City of Chula vista. The Redevelopment Agency met in Closed Session to discuss instructions to negotiators regarding purchase price and terms for disposition of Agency-owned property (Parcel Nos. 567-022-17, 28, 31, 33, 35 and 565-310-25). The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 19k C:\lt\clossess.no . ~-/ 276 FOURTH AVENUE' CHULA VISTA· CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612 ,t,ty PosI-Q:rarTøAil:}d¡dp.... ___~~__,____.·__.~_m__________.__,_~__"__ ___ ___'_',__,._._.__ .' _____ _ __ _..__.._________ _ _ _ _ ,___ ._..__._~_____ ORDINANCE NO. ~ 7 cJ ~ #<l.'\.\rJ~ AN ORDINANCE OF THE CITY OF CHULA VISTA CITY ~NCIL AMENDING SECTIONS 19.64.150 AND 19.64.155 OF ~ A VISTA MUNICIPAL CODE TO ELIMINATE DAMAGE CENTAGE RESTRICTIONS RELATED TO RECONSTRUCTION OF ONFORMING RESIDENTIAL UNITS WITHIN THE CITY OF CHU¡~VISTA. WHEREAS, the current Zoning Ordinance alloØ;esidential units which are nonconforming due to current zoning and/or density to be reconstructed only if 60% or less of the value of the building is damaged/destroyed (except condominium unils which are 100%), and WHEREAS, the City Councij requested staff to investigate the current restrictions governing the reconstruction of nonconforming residential units, and WHEREAS, the City has initiated a request to amend the Municipal Code to residential units which are nonconforming due to current zoning and/or density to be reconstructed if 100% destroyed if outside of a industrial zoned property, and WHEREAS, the Environmental Review Coordinator has determined that, as a procedural amendment, the project is exempt from the California Environmental Quality Act, (CEQA) under the General Rule Exemption Section 15061(b)(3); and, WHEREAS, the provisions as set forth in this Ordinance shall not apply to properties containing an industrial zoned designation; and WHEREAS, on April 9, 1997, the City Planning Commission voted 6-0-1 to recommend that the City Council approve the Ordinance in accordance with Resolution PCA 97-03: and WHEREAS, the City Clerk set the time and place for a hearing on said Municipal Code amendment application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the property at least ten days prior to the hearing: and WHEREAS, Ihe hearing was held at the time and place as advertised, namely March 22. 1997 at 7:00 p.m, in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby amend Section 19.64,150 and 19.64.155 of the Chula Vista Municipal Code to read: / 6/( -_._---_._"._~_..- , , 19.64.150 Non-residential st~ctures -Replacement restrictions. -. \ \ Any non-residential nonconfo ming building damaged more than sixty percent of it value, as established by the director 0 building and housing, at the time of damage by fire, flood, explosion, wind, earthquake, , riot, or other calamity or act of God, shall not be restored or reconstructed and used as be ore such happening; but if less than sixty percent damaged, it may be restore, reconstructed used as before, provided that such be initiated within six months and be substantially com eted within twelve months of such beginning. Section 19.64.155 Residential- Re acement Permitted Any residential unit which was lega y constructed and is nonconforming with respect to the current zoning and/or density of the p operty shall be allowed 'to be reconstructed in the event of any damage or destruction of the e . sting residential improvements as defined in Section 19.64.150, provided such be initiated w in six months and 'be substantially completed within twelve months of such happening. This al wance shall not apply to industrial zoned properties. Said reconstruction shall meet all applicati applicable code requirements in place at the time of reconstruction and shall not be built bey d the existing building footprint. Presented by AI?Proved as to form by - Robert A. Leiter Director of Planning (h: \home\planning \jcffiordinance\nonco) / \ \ \ \ , -- ~/¿~2 --...-. ----- .... .-.......-...-..- ----.. ...""._~-_._----,----_.- COUNCIL AGENDA STATEMENT Item 7 Meeting Date 05/13/97 ITEM TITLE: PUBLIC HEARING: To Review: A) FY 1997·98 Draft Consolidated Annual Plan and Consider Public Comment and Testimony Regarding the Plan; and, B) Housing and Community Development Needs for FY 1997·98, HOME Investment Partnership Program, and the Community Development Block Grant (CDBG) Program Which Includes Consideration of Funding Requests for Public Services, Capital Improvements, Community Development, and Administration and Planning SUBMITTED BY: Community Development Director S. - REVIEWED BY: City Manager ~ (4/5ths Vote: Yes_ NoX) BACKGROUND: Each year the City undertakes a process to solicit and approve programs and projects eligible for federal funding. This item addresses the review and adoption of the Annual Plan, the annual HOME Investment Partnership program (HOME) , and the Community Development Block Grant (CDBG) program. The public hearing provides an opportunity for citizens and Council to testify and comment on the draft Consolidated Annual Plan and how CDBG funds can be allocated to meet the City's housing and community needs. Annual Plan The Annual Plan, a component of the 5·year Consolidated Plan approved by Council in 1995, introduces a new consolidated process from the Department of Housing and Urban Development (HUD) that replaces all current planning and application requirements for all programs with a single submission. For the City of Chula Vista these programs include the HOME Investment Partnership (HOME) program and the Community Development Block Grant (CDBG) program. The draft Consolidated Annual Plan for FY 1997-98 is attached as Exhibit 1. The draft Consolidated Plan outlines the proposed plan and is presented here for general discussion and direction. The final version which will include tables and charts will be completed by May 28, 1997. HUD is requiring that all jurisdictions submit an Annual Plan for FY 1997·98. This Plan is a component of the Consolidated Plan which is a planning document that identifies Chula Vista's overall housing and community development needs, outlines a five-year strategy to address those needs, and describes a one-year action plan for the expenditure of all federal HUD funds. Again, for the City of Chula Vista, these resources are the HOME and CDBG programs. 7--/ ,..___,.. _.__n_._. _~___._.____. Page 2, Item L Meeting Date 05/13197 Per HUO regulations, the City must hold a 30· day comment period for the public to review the Annual Plan and make comments or suggest changes. This 30-day period started April 26, 1997 and will end May 26, 1997. A public notice was published in a local newspaper which notified the public of the process (Exhibit 2). Staff anticipates returning to the City Council on June 10, 1997 for final approval of the Annual Plan. HOME Program The City will receive $736,000 in HOME funds from HUD for FY 1997·98. The draft Consolidated Annual Plan for FY 1997-98 is attached as Exhibit 1. The draft outlines the proposed plan and is presented here for general discussion and direction. The final version which will include tables and charts will be completed by May 28, 1997. HOME funds may be used to provide affordable rental housing and ownership opportunities through new construction, acquisition, rehabilitation, and tenant·based rental assistance. Over the past four-years the City has used these funds to support new construction, substantial rehabilitation, and acquisition activities related to the development of affordable housing. COBG Program The City of Chula Vista is eligible to receive approximately $2,073,000 in COBS entitlement funds from the Department of Housing and Urban Development (HUD) for FY 1997·98. COBG funds will primarily benefit low and moderate income families. with a minimum of 70 percent of the funds required to be targeted to benefit low income households. Accompanying this report and the draft Consolidated Annual Plan document is the 1997-98 COBS Notebook. Although not a HUD requirement, the COBS Notebook has been used as a local tool by staff and Council members for many years to display an overall picture of all the CDBS requests for funding received on an annual basis. The Notebook compiles all proposed public services, capital improvements, community projects, and administration and planning activities for FY 1997.98. An additional segment of this public hearing is to afford residents of Chula Vista and the City Council the opportunity to comment on the manner in which CDBS funds should be allocated to meet the City's housing and community needs. Staff recommendations will not be made at this time and the Citv Council is not expected to take anv action other than to give desired direction. After thorough consideration of public comment, staff will prepare an additional report presenting CDBS funding recommendations for Council deliberation and action tentatively scheduled for June 10, 1997. RECOMMENDATION: That the City Council conduct a public hearing to review and accept public comment regarding: A) the draft FY 1997-98 Consolidated Annual Plan; and B) the Housing and Community Development needs for the 1997·98 COBS program, accept the staff report, and direct staff to return on or about June 10, 1997 with a final draft of the Consolidated Annual Plan and with a CDBS funding recommendation report. BOARDS/COMMISSIONS RECOMMENDATION: A COBS Ad·Hoc Committee consisting of members from the Commission on Aging, Human Relations, and Child Care Commissions have reviewed the CDBS public 7- cJ..... .~ -- ~ Page 3. Item L Meeting Date 05113/97 service funding requests and have made funding recommendations. The Housing Advisory Commission (HAC) reviewed the housing related proposals and made funding recommendations. The recommendations of these commissions will be included as part of staff's recommendation at the City Council meeting tentatively scheduled for June 10, 1997. DISCUSSION: For the 1997-98 COBG program, the City of Chula Vista will receive a COBG entitlement of $2,073,000. Added to this entitlement amount will be approximately $336,000 in program income received from the COBG revolving loan fund for a total of $2.409,000 available for allocation. The total amount of COBG funding requested, which includes all funding requests from community organizations and the City is summarized as follows: Public Service Funding $481.480 Community Projects $386,948 Capital Improvement Projects $1,344,800 Administration and Planning $481.945 T ota I Requests: $2.695,173 In order to be eligible for block grant funding, a project or service must address at least one of the COBG national objectives which are : 1) Benefit primarily low and moderate income families; 2) aid in the prevention or elimination of slums or blight; and 3) meet other community needs having a major emergency (disasters, etc.). Community-based non profit organizations will make a presentation before Council in the order presented below. Staff is available to respond to Council auestions reaardina the Citv COBG fundina reauests. Public Service Fundina Reauests The City received eighteen (18) eligible requests for public service funding totaling $481.480. All of the requests for funding are included in the COBG Notebook under the Public Services section. The City may allocate up to approximately $361,000 for public service organizations, based on a 15 percent cap of the entitlement funds. All of the funding requests from public service organizations are COBG-eligible as they meet the national objective to primarily benefit low income families. A COBG Ad-Hoc Committee consisting of members from the Commission on Aging, Human Relations Commission, and Child Care Commission reviewed the public service funding requests and made their funding recommendations. In addition to funding social service agencies, COBG public service funds have been utilized as a matching source for the Department of Justice Community Oriented Police Services (COPS) grant. This grant enabled the City 7-;1 .......-.--.,-,. -----'--.---,.- Page 4, Item L Meeting Date 05113/97 to hire four additional Peace Officers to enhance the Police Department's "community oriented" policing activities. This program has been successful for providing a support system on City school campuses. The proposals are included in the COBG Notebook under Public Service requests in the following sequence: PUBLIC SERVICE/GENERAL YOUTH PROGRAMS AMOUNT REQUESTED This program provides youth education and counseling services in the area of tutoring/literacy, fine arts, mentoring, and day camp services. This collaborative is comprised of South Bay Community Services, Chula Vista Police Activities League, South Bay YMCA, Boys & Girls Club of Chula Vista, Vista Square Healthy Start, the Chula Vista Cluster Coordinating Cluster, MAAC Project, and Chula Vista Parks & Recreation Department. This collaborative proposal is comprised of Happy Child, Inc. and Options for Recovery, Southbay/Mujer Project. This program provides services to children of alcoholics and drug addicted parents. Funds will be used to offset the salary of a bilingual service coordinator to recruit volunteers as teachers for children's and parenting classes. This program emphasizes recreational activities for youth for ages 14 and above. Family values are strongly encouraged with staff visits to the home environment. Funds will be used for overhead expenses, transportation costs for Chula Vista residents, educational equipment and supplies, and athletic equipment. PUBLIC SERVICE/GENERAL JOB DEVELOPMENT AMOUNT REQUESTED The SER Employment Center targets unemployed and underemployed job seekers who are 18 years of age and older. Participants benefit from training leading to the development of job search skills, application and interview techniques. Funds will be used for staff salaries. The Access Center is proposing to conduct pre·employment workshops to provide individuals with disabilities resources and information to assist them in increasing their ability to obtain employment. Funds will supplement staff time used in hosting workshops and in developing related materials. 7~{ . __.____.. .'m.___. - ~.----,------~,._- Page 5, Item 2 Meeting Date 05113197 PUBLIC SERVICE/GENERAL JOB DEVELOPMENT AMOUNT REQUESTED The South County Career Center provides a one·stop center for career assessment, job training and placement for unemployed South County residents, to assist businesses facing layoffs or plant closures, and to assist employers hiring new employees. Funds will be used to fund a half-time job developer to provide job search assistance. PUBLIC SERVICE/GENERAL SENIOR SERVICES AMOUNT REQUESTED Shared Housing is a low-cost housing option for individuals interested in sharing their home or for those seeking a home, at a reduced cost. The Shared Housing process insures a good match is made between the home owner and the home seeker. Funds will be applied toward the Shared Housing Coordinator's salary expenses. Adult Protective Services attempts to prevent institutionalization and improve the quality and independence of life for disabled and disadvantaged senior citizens by offering various programs including mental health case management, senior employment, and adult day health care. Funds will be used to transport disabled elderly Chula Vista residents to the South Bay Adult Health Care Center. The Meals on Wheels program is geared toward keeping seniors and other disabled persons independent and living in their own home. Volunteers deliver two meals a day, five days a week to all agency clients. Funds will be used to fund a portion of the gap between the $8 daily cost of delivering hot meals and the $5 per day fee charged to the clients. The Adult Day Care program provides day care to low income elderly Alzheimer's patients who need financial assistance for day care while providing relief for their families. The funds will be used to supplement the cost of attending the day care center. 7f ---"-_.._" -......-.--".. "___ _.__m_______ Page 6. Item L Meeting Date 05/13197 PUBLIC SERVICE/GENERAL MISCELLANEOUS REQUESTS AMOUNT REQUESTED This program provides education and outreach services to children, youth and families to aid in the prevention of violence. This collaborative proposal is comprised of South Bay Community Services, Chula Vista Police Department, the Center for Community Solutions, YWCA Domestic Violence Services, and YMCA Family Stress Counseling Services. Funds will be used to support staff services. The Boys & Girls Club provides positive activities and opportunities to develop the health, self·esteem and character of the youth of the community. Funds will be used for occupancy expenses, including utility and maintenance costs for the L Street facility. Thursday's Meal provides free hot meals to the homeless and very low income residents of Chula Vista. Funds will be used to purchase paper products, storage rental for food items, support staff expenses and the administrative fee charged to Thursday's Meal by South Bay Community Services. The COPS program improves the quality of life in the City of Chula Vista by enhancing residents' ability to solve the issues which cause crime through the enforcement of existing laws and the enactment of appropriate new laws. Funds will be used to augment a three year Federal Crime Bill funding by underwriting the City's matching funds requirement. This bill began in fiscal year 95/96. Project Hand is an emergency and career assistance center that provides clients with shelter, food, clothing, transportation, medication, job search assistance, and utility assistance. Funds will be applied toward staff salaries and benefits. This collaborative proposal is comprised of the Chula Vista Public Library, the Chula Vista Adult School and the Altrusa Club of Chula Vista. This coalition was established with the goal of reducing literacy in the community. Funds will be used to provide specialized training support to volunteer tutors who work with adult learners. 7-¿' ~....- Page 7, Item l Meeting Date 05113197 PUBLIC SERVICE/GENERAL MISCELLANEOUS REQUESTS AMOUNT REQUESTED This community-owned facility provides various programs and services to individuals of all ages, ethnicity, and cultures to assist in improving the quality of lives in terms of nutritional intake, emergency food and clothing, and recreation. Funds will be used to pay for insurance on the facility and vehicle, utilities and maintenance. This program promotes the benefits of a healthy lifestyle, improve physical abilities, build confidence, and strengthen interpersonal skills for disabled individuals. Funds will be used to pay for staff services, operating services, and recreational equipment and supplies. Community Proiect Requests The eight (8) Community Project requests total $386,948 and include the following type of activities: [a] neighborhood revitalization/interim assistance; [b] special activities by community-based development organizations; [c] and special economic development activities. There is no CDBG cap on this category. All of the funding requests are included in the CDBG Notebook under Community Projects and are summarized as follows: COMMUNITY PROJECTS NEIGHBORHOOD REVITALlZATIDN/lNTERIM ASSISTANCE AMOUNT REQUESTED South Bay Community Services (SBCS), in partnership with the Chula Vista Police Department, is requesting funds to continue their community effort to eradicate graffiti painted on private businesses and residences. Youth offenders and community volunteers provide the labor. Funds are requested for the Program Coordinator position. Lutheran Social Services is requesting funds to continue providing health and safety home repairs to seniors. A majority of the labor is donated by local south bay contractors. 7-7 ..._.,,_..__.._...._--,-_.__._..__.__._._~_. Page B. Item l Meeting Date 05113/97 COMMUNITY PROJECTS NEIGHBORHOOD REVITALIZATION/INTERIM ASSISTANCE AMOUNT REOUESTED The Department of Building and Housing is primarily responsible for enforcing the state and locally adopted building codes. The funds will be used to develop collaborative relationships with neighborhood based groups for correcting Code violations and to fix-up and clean-up their neighborhoods. Funds will also be used for hiring staff to develop and implement more effective code enforcement methods and to hire outside contractors to rehabilitate or demolish dangerous buildings and other public nuisances. COMMUNITY PROJECTS SPECIAL ACTIVITIES BY COMMUNITY-BASED DEVELOPMENT ORGANIZATIONS AMOUNT REQUESTED Funds are being requested to pay office rent on 5,100 square feet of office space at 315 Fourth Avenue. These offices are city-owned and house a host of social services which benefit low income households in the city. COMMUNITY PROJECTS SPECIAL ECONOMIC DEVELOPMENT ACTIVITIES AMOUNT REQUESTED The Teen Center Club provided support services and opportunities for older youth, ages 15 to 21 years of age, and includes youth employment, cultural activities, educational enrichment, and youth leadership development. The funds requested will support the rental and maintenance of the Teen Club. 7-Y' ---.. .....- -----.------.-....-------+,.--. - _.--- ..-.------ Page 9. Item .2 Meeting Date 05113197 COMMUNITY PROJECTS SPECIAL ECONOMIC DEVELOPMENT ACTIVITIES AMOUNT REQUESTED BECA was established to create new businesses and jobs by fostering the development and commercialization of new environmental technologies through a cross· border partnership with Mexico. The funds requested will go toward physical improvements to the BECA facility, construction of a Technology Demonstration Showcase to demonstrate tenant technologies to prospective clients, and to offset salaries for fund raising activities. The Chicano Federation of San Diego County, Inc. was established in 1968 to provide comprehensive social services focusing on helping clients become financially self sufficient. The requested funds will be used to establish a micro-loan program to assist latina women with the financial costs associated with starting a home day-care business. CaDital ImDrovement Proiect Requests There are eleven (11) proposed capital improvement project requests totaling $1,344,800, three (3) of which are requested from the community. There is no CDBG cap on this category. All of the CIP proposals are included in the CDBG Notebook under the Capital Improvement Project section and are summarized as follows: COMMUNITY-BASED CIP REQUESTS AMOUNT REQUESTED The Salvation Army recently purchased an adjacent building located at 648 Third Avenue for expansion of their nutritional and rehabilitation program activities provided to low income seniors. The funds will be used to rehabilitate the building located at 642 Third Avenue. 7/7 - -.0 .___. .__ _ _"__'_'_'._~_~_"_ Page 10. Item l Meeting Date 05113/97 CITY CIP REQUESTS AMOUNT REQUESTED Construction of an additional drainage circuit under Glenhaven Way including concrete lining of the existing channel to eliminate the current problem of erosion. Project funds will be used for design phase for the drainage improvements. FY 1997·98 appropriations would provide for the construction of concrete wheelchair ramps at an estimated 47 different location in the City. Curb Cuts are a requirement of the ADA. Last year the City allocated $5D,DDD to this project. Project funds will be used to determine the infrastructure deficiencies in the Montgomery area. The study will prioritize and identify specific projects and develop a policy for property owner participation. Project funds will finance the second phase of improvements to the Parkway Center Complex. These improvements include heating/air conditioning and ventilation for the Center, office renovation to include two offices and computer terminal center and modifications to restrooms and other rooms to accommodate ADA. This park is 25 The City Council approved a Master Plan for Dtay Park. Funds will be used for land acquisition and relocation of an existing business tenant. ?-/P -....----.-- -'--"-" .----..-,.-,---.--"-.-. Page 11. Item l Meeting Date 05113/97 Administration and Plannina The following is a summary of the 1997-98 CDBG staff administration and planning activities totaling $481,945 which includes the following: There is a 2D percent CDBG cap on this category. ADMINISTRATION AND PLANNING AMOUNT REQUESTED CDBG regulations require the City to undertake proactive fair housing activities. In order for the City to fulfill this commitment, the San Diego Fair Housing Council will provide a comprehensive fair housing program. Their proposed activities include education and outreach, a tenant-landlord hotline, follow-up on discrimination complaints and rental dwelling discrimination testing. This program is designed to comply with HUD requirements. The Human Services Council builds coalitions among Chula Vista area social service providers in order to bring more funding for needed services into the South Bay. The funds will be used to employ two part- time persons to provide consultation and follow· up services to implement the activities of the CVHSC. Chula Vista Human Services Council plans to establish a Community Collaborative Director position which will direct the Welfare Reform Task Force called Solutions South Bay. The Director will play an active role in the design and implementation of Chula Vista's plan for welfare reform and coordination of existing collaboratives in the community. Citv Staff Administration Estimated staff costs for the administration of the CDBG program budget will be $379,945. These administrative costs represent fifteen percent of the total budget and includes staff costs for coordination, accounting, monitoring of sub-recipients, environmental review, and HUD reporting requirements. 7-JI _._-.~._,.. --~-'---'..- Page 12, Item L Meeting Date 05113/97 FISCAL IMPACT: The City will receive $2,073,000 in COBG entitlement funds, added to this figure will be approximately $336,000 in program income received from a revolving loan fund bringing the total COBG budget to approximately $2.409,000. The fifteen (15) percent cap will limit the public service allocation to approximately $361,000. In addition, the City will receive $736,000 in HOME funds for 1997-98. The grand total of 1997·98 COBG and HOME funds to be used for eligible programs and projects will be $3,145,000. (JF) H:\HOMEICOMMDEv\STAFF.REP\05·13·97ICDBG.PUB[MaV 8.1997 (3:24¡m)J 7-/C:Z ------+ -- _.__._~_.,-~,... .. -.----..-.---------- EXHIBIT 1 ~ ~ ft.. L~~ ~~~~ ""'--~"""-~ CllY OF CHUIA VISfA DRAFT ANNUAL ACTION PLAN FY 1997-98 7-)3 . _._,."._--~,- -~._.--._~ . - - ._-,---_.,._.."---~._,~_._~----_.. ANNUAL PLAN: ONE-YEAR USE OF FUNDS The Annual Plan delineates the City's plans for one-year use of funds. The Plan describes: (A) the resources available for program implementation; (8) activities to be undertaken; (C) monitoring; (D) homelessness; (E) anti-poverty strategy; (F) coordination; (G) Affordable Housing; and (H) Lead-Based Paint Hazards. A. HOUSING AND COMMUNITY DEVELOPMENT RESOURCES Financing Resources Financing resources for addressing housing and community development needs are fairly limited for the City. To ultimately reach the goals of the City, a variety of resources must be used to achieve each objective. The limited City resources must be leveraged with additional funds from private and public sources and programs. Partnerships with banks, non profit, and private developers are needed. Achieving these goals requires community volunteer efforts to raise funds, solicit grants and donate time. The City can facilitate the use of tax-exempt financing (bond issuance), low income tax credits, and other tax credit programs. The City anticipates using the following federal programs for implementation of the Consolidated Plan: · Community Development Block Grant (CDBG) - the City is an entitlement City and receives an annual grant from the federal government. These funds can be used for public facilities, services, or housing for low income persons earning 80% and below the median income. · HOME Program - the City also receives an annual grant from this HUD program through a jurisdictionally competitive process. The funds can be used for new housing construction, housing rehabilitation, rental assistance or to assist first-time home buyers. · Stewart B. McKinney Homeless Act - a variety of programs are available to fund homeless transitional housing programs and emergency shelters. · HUD 202 Program - funds are for new construction of senior housing. The Chula Vista Housing Authority in conjunction with a non profit organization can apply for funding under this program. · Federal Tax Exempt Housing Revenue Bonds - the Chula Vista Housing Authority can issue low-interest bonds for the acquisition and construction of low income housing projects. · Low Income Housing Preservation & Resident Homeownership Act (LlHPRHA) _ through HUD, funds can be applied to retain subsidized housing projects whose Federal assistance is expiring. Funds can also be used to sell to a purchaser providing the building is maintained for low income persons. :J-/ý -~_.~_. --,.---... -,...,,--~- "..-.--------..- The City also plans to use funds through the following State or local government programs: . Redevelopment Agency 20% Set-Aside Program - every year the City's Redevelop- ment Agency sets aside twenty percent of the tax increment revenue it generates from the five redevelopment areas to be used for the development and rehabilitation of affordable housing. . Mortgage Credit Certificate Program (MCC) - Tax credits for first time home buyers. The City supports the application of other entities within the City for programs which would assist the City in reaching the goals of the Plan. These programs include Emergency Shelter Grant, Supportive Housing, Housing for Persons with AIDS, low income housing tax credits, and mortgage revenue bonds. Non-profit Resources Non-profit housing developers and service providers are a critical resource to the City. The following developers and service providers are some of the non profits who have been active in the City and play an important role in the Plan. 1. Local Initiative Support Corporation (LlSC) - LlSC offers non profit capacity building and pre-development grants and loans. 2. California Community Reinvestment Corporation (CCRC) - Provides permanent financing of multi-family rental and limited equity housing cooperatives. 3. South Bay Community Services (SBCS) - This Community Housing Development Organization (CHDO) offers a variety of programs, including social service activities, homeless activities, community and economic development activities and affordable housing services. B. ACTIVITIES TO BE UNDERTAKEN Table _. Funding Sources illustrates the City's CDBG and HOME allocations and program income available for the coming year. Table _. Listing of Proposed Projects identifies the projects requesting financial assistance from the CDBG and HOME programs. Table _. Illustrates the location of site-specific projects. /,,/3 ..--" _._~.--~.._..- -'------- .-- ----,-.~_.__._,---~.- C. MONITORING Careful evaluation of the housing and public service delivery system can be the most effective tool in detecting gaps and making appropriate modifications. Chula Vista monitors its subgrantees, conducts in-house reviews of progress reports and expenditures and performs on-site visits to ensure compliance with federal regulations. Agreements are made with subgrantees to encourage uniform reporting to achieve consistent information on beneficiaries. Technical assistance is provided when necessary. D. HOMELESSNESS The City of Chula Vista will continue to support the efforts of South Bay Community Services transitional and short-term housing projects which assists the homeless, and in addition, will fund the following projects to help the homeless: · South Bay Community Services Thursday's Meal Program · San Diego Regional Task Force on the Homeless · Lutheran Social Services Project Hand E. ANTI-POVERTY STRATEGY As part of the City's Anti-Poverty Strategy, the City will endeavor to integrate social service and housing activities for households below the poverty line. These efforts include, but are not limited to, the following: · South Bay Community SeIVices KlDSBIZ Program: This program teaches at-risk youths to use their entrepreneurial skills in a positive way. Teenagers are taught to develop their own business plans and to run their own business. · Earned Income Tax Credit Program: SBCS has hired a program coordinator to provide outreach and education to individuals about the Earned Income Tax Credit. This coordinator will also assist in qualifying citizens in applying for the tax credit. · Palomar Trolley Commercial Center Project: An affordable family housing development and day care center are being pursued within this commercial, high- volume retail shopping center project. F. COORDINATION The City will coordinate and implement its strategies through the following activities: · Target available CDBG funding to those areas and population exhibiting the greatest need · Encourage social service providers to work with developers and Community Housing Development Organizations (CHDOs) to provide "service-enriching housing". Services include health care referrals, financial counseling, and case management. ?-/i- ....... '_"_"·_'.~_'n__.___~'__.~____ · Assist county, state, federal, educational, and private organizations involved in economic development and job training in targeting their efforts toward those areas of Chula Vista exhibiting the greatest need. G. AFFORDABLE HOUSING The City will continue to encourage non profit agencies to build and increase their capacity to create affordable housing. In addition, the City will continue to seek other funding sources to maximize City efforts in this area both separately and jointly with non profit organizations. H. LEAD BASED PAINT HAZARDS As part of the City's efforts to evaluate and reduce Lead Based Paint hazards, the City works with MAAC Project, a CHDO in National City, to provide for testing, protection or removal of lead based paint hazards in conjunction with the City's Housing Rehabilitation program. 7-/7 è, -----,-,-----,.._.. __.__.__.____._ __n_.__ ________.._ EXHIBIT 2 NOTICE OF PUBLIC HEARING CITY OF CHULA VISTA FY 1997-98 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND ANNUAL PLAN NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing on HOUSING AND COMMUNITY DEVELOPMENT NEEDS and on proposals to meet these needs through the use of the COMMUNITY DEVELOPMENT BLOCK GRANT Program. The hearing will be held on Tuesday, May 13, 1997 at 6:00 p.m. City Council Chambers, Public Services Building, 276 Fourth Avenue. For FY 1997-98, the City of Chula Vista will receive a Community Development Block Grant Entitlement of $2,073,000. The City proposes to use these funds for public facilities and improvements, public services, fair housing, and other community needs. These activities will primarily benefit low and moderate income families, with a minimum of 70% of the funds targeted to benefit low-income households. The public is invited to testify on the proposed draft Annual Plan to address the housing and community development needs of the City and to comment on the use of CDBG funds. The following COMMUNITY DEVELOPMENT OBJECTIVES are proposed: 1. Provide assistance to organizations serving the varied needs of the community 2. Construct public improvements and facilities 3. Promote economic development and job creation 4. Provide assistance to community organizations for neighborhood revitalization and affordable housing 5. Furnish fair housing information and counseling services. Information on the FY 1997-98 CDBG program and Annual Plan is available for examination at the Community Development Department, 276 Fourth Avenue and the City of Chula Vista Library, 356 F Street. For more information, please call Judith Foland at 585-5722. DATED: April 23, 1997 Chris Salomone Community Development Director 7-/~ ---- -.,.-.-.----,-- ___n___ ~ 7 WŒuflwr7ff L··7ill' COUNCIL OF~ . THE CITY OF CHUlA VISTA CA SAN DIEGO VALERIE STALLINGS COUNCILMEMBEA SIXTH DISTRICT May 2, 1997 The Honorable Shirley Horton Mayor, City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor Horton: 1 am writing in support ofthe Community Development Block Grant application submitted by SER/Jobs for Progress to the City of Chula Vista. SER is the non-profit organization that operates the Pacific Beach Employment Center, located in my Council District in San Diego. The Employment Center has been an incredible success since its opening in November, 1995. The Center has not only alleviated a terrible problem in Pacific Beach where workers and employers would make their business arrangements in the middle of busy street comers each morning, but it has also served residents from allover the San Diego region by providing a safe, convenient, and efficient way of matching eager workers with willing employers. Just this week, the City of San Diego allocated $80,000 in social service CDBG funds to help operate the Center for 1998, but additional funding is needed to fully operate the Center. 1 very much appreciate your consideration ofSER's application to the City ofChula Vista to help fund this great program through the CDBG process. Sincerely, \J~ Valerie Stallings VS:mjz œ cc: Deputy Mayor Stephen Padilla; Councilmembers John Moot, Jerry Rindone, and Mary Salas ..Jco..n Â((Vjó 202 C Str? ~ ~2ego, California 92101 City Administration Building . . (619) 236-6616 ~printedonRecycledPaper OIV Of ŒUA VISTA MEMORANDUM May 13, 1997 TO · The Honorable Mayor and City Council VIA · John D. Goß, City "'- ~ · FROM · Sid W. Morris, Assistant City Manager '/.:/ · SUBJECT · Item 8 A., B., & C. - Approving Final Map and Subdivision Improvement Agreement for Tract 90-07, Sunbow II, Units 1 and 2 This is to advise Council that due to a clerical error, the above subject item was inadvertently placed on the agenda as an action rather than consent item. Item 8 a, b, and c is supported as recommended by staff and could be included as part of the consent should Council so wish. ,.~_._------- COUNCIL AGENDA STATEMENT Item # 8 Meeting Date 5/13/97 J:TBM TJ:TLB: A) Resolution /FJ:£~¿:J Approving Final Map and Subdivision Improvement Agreement for Chula vista Tract 90-07, Sunbow II, Units 1 and 2 B) Resolution /'fš'~~/ Approving Supplemental Subdivision Improvement Agreement for Chula vista Tract 90-07, Sunbow II, units 1 and 2 C) PCM-97-21: Sunbow II Affordable Housing Agreement Resolution /~~~ Approving an Affordable Housing Agreement Related to Sunbow II and Authorizing the Mayor to Sign the Agreement SUBMJ:TTED BY: Director of Public Works Community Development Director RBVJ:BWED BY: City Manage~ 1f'\56. (4/Sths Vote: Yes_ No ..JL) Council should be advised that this item will be delivered on Friday, May 9, 1997 for your review. Staff and the developer are finalizing the appropriate agreements and obtaining necessary signatures which were not available at the time of the normal delivery of the Council packet on Thursday, May 8. ?' .. ..-....... _.__o_____....,.___... COUNCIL AGENDA STATEMENT Item ~ Meeting Date 5/13/97 ITEM TITLE: A) Resolution /~¿~/? Approving Final Map and Subdivision Improvement Agreement for Chula Vista Tract 90-07, Sunbow II, Units 1 and 2 B) Resolution / ?'¿,¿" / Approving Supplemental Subdivision Improvement Agreement for Chula Vista Tract 90-07, Sunbow II, Units 1 and 2 C) PCM-97-21: Sunbow II Affordable Housing Agreement Resolution /ó¿¿..< Approving an Affordable Housing Agreement Related to Sunbow II and Authorizing the Mayor to Sign the Agreement SUBMITTED BY: Director of Public Works ~ C 0. Comnnmi'Y o.v_~\ - REVffiWED BY: City Manager JG. ~ --? (4/5ths Vote: Yes_No_XJ On May 22, 1990, by Resolution No. 15640, the City Council conditionally approved the Tentative Subdivision Map for Chula Vista Tract 90-07, Sunbow II (see Attachment 1). On that tentative map, unit boundaries were delineated. On July 20, 1993, by Resolution No. 17177, the City Council affirmed a Planning Commission resolution to approve a one-year Tentative Subdivision Map extension, which included revised conditions and new conditions accepted by the developer. The Final Map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement for Units 1 and 2 are now before Council for consideration and approval. In addition, one condition of approval for the Tentative Subdivision Map required that the developer enter into an agreement with the City to guarantee the construction and delivery of low and moderate income units in a timely manner. To comply with the above mentioned condition, the applicant, A.C.!. Sunbow LLC, has prepared an Affordable Housing Agreement for the Sunbow II Planned Community for Council's consideration and approval. RECOMMENDATION: That Council approve the resolutions approving: (A) the Final Maps and Subdivision Improvement Agreement; (B) the Supplemental Subdivision Improvement Agreement; and, (C) the Sunbow II Affordable Housing Agreement and authorizing the Mayor to sign the Sunbow II Affordable Housing Agreement. BOARDS/COMMISSIONS RECOMMENDATION: On April 23, 1997 the Housing Advisory Commission reviewed and approved the Affordable Housing Draft Agreement with A.C.I. Sunbow LLC. >Š/i ----.-- ._~.- .--.-..-.-.. . .. ---..-.--------------.-.. Page 2, Item ð Meeting Date 5/13/97 DISCUSSION: Final Map and Associated Improvement Al!reements The Sunbow II Project is generally located north and south of Orange Avenue, south of Telegraph Canyon Road, west of Otay Ranch, and east of Oleander Avenue. Units 1 and 2 are generally located north of Orange Avenue, south of Sunbow I, west of Medical Center Drive, and east of Oleander Avenue. The Final Map for Chula Vista Tract 90-07, Sunbow II, Units 1 and 2, consists of: a. 330 Single Family residential lots (Lots 1 through 330); b. Two (2) Multi-Family residential lots (Lots 331 and 332). These lots represent Units 18 and 17, respectively, as shown on the Tentative Subdivision Map and future fmal maps will be required for each of these lots; c. Seven (7) Open Space lots (Lots "A", "B", "D", "F", "G", "H", and "HH") which have been offered for dedication in fee interest on the map for open space, public utilities, and other public uses; d. One (1) lot (Lot "X") for a future fire station. An Irrevocable Offer of Dedication of Fee Interest (lODFI) will be executed by the City Clerk for this lot upon approval of the final map, but said lot will not be accepted until such time as it is detennined that the City needs said lot for public purposes; and, e. One (1) Remainder Lot which represents the remaining portion of Sunbow II and which will require the fIling of future final maps. This Remainder Parcel includes an Irrevocable Offer of Dedication of Fee Interest (lODFI) for a future Park and Recreation Area parcel (Lot "Y"). The IODFI will be executed by the City Clerk upon approval of the final map. However, Lot "Y" will not be accepted until such time as it is detennined that Lot "Y" is needed for public purposes. The Remainder Lot also includes Irrevocable Offers of Dedication (lODs), for public purposes, of rights-of-way for East Palomar Street, from Medical Center Drive to Sunbow II's easterly boundary, and for East Orange Avenue, from Sunbow II's westerly boundary to its easterly boundary. The IODs have been executed by the City Clerk, but the street rights-of-way will not be accepted until such time as it is detennined that the City needs them for public purposes. A plat of the subdivision is attached (see Attachment 2). The final map for said subdivision has been reviewed by the Public Works Department and found to be in substantial confonnance with the approved Tentative Subdivision Map. Approval of the fmal map constitutes acceptance by the City of all drainage, sewer, tree planting, general utility, and general access easements within the subdivision. Approval of the map also constitutes acceptance, on behalf of the public, of portions of Brandywine Avenue, Medical Center Drive, Medical Center Court, Wildauer Street, and East Palomar Street, together with Diamond Drive, Sipes Circle, Sipes g~2 Page 3, Item ~ Meeting Date 5/13/97 Place, Whitaker Avenue, Biernacki Court, Bibler Court, Harlan Court, Alber Street, Kelso Court, Gould Avenue, Lee Circle, Owen Drive, Martin Place, Carbajal Court, and Ingram Street, all as shown on the final map for the proposed subdivision. Approval of the maps also constitutes acceptance of a ten feet-wide general utility and general access easements within Open Space Lots "A","B", "D", "F", "Goo, "H", and "HH" for the installation and maintenance of public utilities, noting that use of said easement by others is subject to written pennission and issuance of an Encroaclunent Pennit from the City of Chula Vista. However, approval of the maps does not constitute acceptance of the Open Space lots, noting that Section 7050 of the Government Code of the State of California provides that an offer of dedication shall remain open and subject to future acceptance by the City. Approval of the final map does not constitute acceptance of Lot "X" (future fire station site) or Lot "Y" (future park site). As stated above, Irrevocable Offers of Dedication of Fee Interest will be executed for Lots "X" and "Y" by the City Clerk upon approval of the fmal map. These lots will not be accepted until such time as it is determined that the City needs them for public purposes. As stated above, approval of the final map does not constitute acceptance of the street rights-of-way for East Palomar Street, from Medical Center Drive to Sunbow II's easterly boundary, or East Orange Avenue, from Sunbow II's westerly boundary to its easterly boundary. The developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 15640 and the Planning Commission resolution approving a one-year time extension, as affIrmed by City Council Resolution No. 17177. The Supplemental Subdivision Agreement addresses those conditions. However, because the Tentative Subdivision Map for Sunbow II is approximately seven years old, staff has re-evaluated the park conditions originally agreed to by the Developer on said map and has identified other park and recreation priorities which they believe would better meet the needs of the City in lieu of the original condition to provide a lO-acre Park and Recreation complex at Unit 15, Planning Area 9. Therefore, a condition has been added in which the City and the Developer agree to meet and confer in good faith to discuss the concept of a sports complex to be located in the industrial park south of Orange A venue which would consist of at least four lighted softball fields, a recreation building and two soccer fields. Should the City and the Developer reach agreement, the sports complex, plus a 7-acre "passive neighborhood park" within the Project, plus additional improvements by the Developer to the Greg Rogers Park would be provided by the Developer in lieu of the Developer's obligation to construct a community recreation facility within the Project. It is acknowledged that such a complex would require City Council involvement and approval and may necessitate an amendment to the Sunbow SPA Plan. Staff will return with a report and recommendation to the City Council on this subject in the near future. Regardless of the outcome of negotiations with the Developer, the City is protected in these negotiations because the original park condition related to the development of a Park and Recreation complex at Unit 15, Planning Area 9 remains in effect until a new agreement is approved by the City Council. ~'3 Page 4, Item 'it Meeting Date 5/13/97 In addition to the park issue, the Supplemental Subdivision Improvement Agreement includes the following provisions: I. In satisfaction of Condition No.9, the Developer agrees that: a. The City may withhold building pennits for any units within the Project if anyone of the following occur: (1) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. (2) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the Growth Management Ordinance. b. The City may withhold occupancy pennits for any of the units within any of the phases of development identified in the PFFP if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City Planning Director and Public Works Director. The Developer has further agreed to provide improvement securities from a sufficient surety to guarantee labor and material and faithful performance for the following: Public Improvements Labor & Materials Faithful Performance Drawing Nos. Telegraph Canyon Road $1,035,000.00 $1,035,000.00 97-363 to 97-376 Poggi Canyon Tmnk Sewer $ 904,500.00 $ 904,500.00 97-344 to 97-362 Major Infraslrnctures $1,738,000.00 $1,738,000.00 97-316 to 97-334 2. In satisfaction of Condition No. 10, the Developer agrees not to protest the formation or inclusion of the following; a maintenance district for the maintenance of lighting and landscaped median and parkways along streets within and adjacent to the Property; an assessment district, if any, for the maintenance of open space areas; a district for the maintenance of the Telegraph Canyon drainage channel; a district for the maintenance of Poggi Canyon drainage facilities; and a sewer reimbursement district. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to the addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. Er~1/ -- ...---...----..- ._._~----- Page 5, Item g Meeting Date 5/13/97 3. In satisfaction of Condition No. 16, the Developer agrees to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for each lot or unit within the Project. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the Project only to those cable television companies franchised by the City of Chula Vista the condition of such grant being that (a) such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with, the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon a determination by the City of Chula Vista that they have violated the conditions of the grant. 4. In satisfaction of Condition No. 17, the Developer agrees that, on the condition that City shall promptly notify the Developer of any claim, action or proceeding, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. 5. In satisfaction of Condition Nos. 21 and 23, the Developer agrees: a. To provide to the City, simultaneously with the execution of this Agreement, and to thereafter maintain an improvement security issued by a City approved surety in the sum of $1,809,000 as and for the construction of improvements or constructing improvements that parallel the existing Poggi Canyon Trunk Sewer Segments ("Poggi Segments") in accordance with those Plans described on Exhibit "B". These improvements shall be designed to accommodate the ultimate projected gravity basin flows as well as any flows diverted from the Palm Canyon sewer basin. In the event no DIF is formed, the property owner may request the formation of a reimbursement district and a reimbursement agreement in accordance with Chapter 15.50 of the Municipal Code. Developer agrees to complete construction of the Poggi Segments to the satisfaction of the City, within one year of execution of this Agreement or by the 109th building permit for the Project, whichever occurs first. Developer acknowledges and agrees that if the Poggi Segments are not completed within the time agreed herein, the sums provided by said improvement securities may be used by the City for completion of the Poggi Segments. Developer agrees to pay to the City the difference between the total costs incurred to complete the Poggi Segments, including 8<-~ .~_..- -.."^-.----....--- Page 6, Item ð' Meeting Date 5/13/97 design and administration of construction, and any proceeds from said improvement security . b. Should the Developer apply for any building permit for the Project prior to the establishment by City of a Development Impact Fee ("DIF") for Poggi Canyon Trunk Sewer facilities, City may issue such permits in advance of the DIF establishment; if such pennits are issued, Developer hereby agrees to pay the full amount of unpaid fees for the issued permits upon demand by the City. Developer and City agree that the cost of sewer construction from Main Street to Melrose A venue for detennining the DIF, shall be $600,000 and any cost above that amount shall be borne by the Developer. 6. In satisfaction of Condition Nos. 28, 68, 75, 76, 81, the Developer agrees to the following: a. The City and the Developer acknowledge that, in November of 1996, and subsequent to the adoption of Resolution No. 15640, the California electorate approved Proposition 218, adding Articles xmc and xmD to the California Constitution. The City has retained consultants to analyze the effect of Proposition 218 on the funding of maintenance of open space lands and street medians, and to make recommendations to the City Council regarding the most effective manner to maintain open space lands and street medians ("Maintenance Analysis"). The Maintenance Analysis may affect the Developer and a number of other developers and landowners within the City, and is projected to be completed and acted upon by the City during late Spring 1997. b. In order to allow the Developer to request City Council approval of, and record, the fmal map of the Project, and thereafter commence construction of the public and private improvements contemplated by the Project to provide some assurance to the Developer and the public that open space and medians will be maintained, and to protect the City from having to possibly use its general fund to maintain the project's open space areas and thoroughfare median areas ("Open Space Areas"); the City and the Developer mutually agree to the following: (1) The City and the Developer shall meet and confer in good faith for a period not to exceed 120 days following City Council approval of this fmal map, to determine whether any mutually acceptable alternative means exist to fund the maintenance of the Open Space Areas within the Project (the "Meet and Confer Process"). (2) In the event that the City and the Developer are unable to reach agreement upon a mechanism to fund the maintenance of the Open Space Areas within the Project within the period of the Meet and Confer Process, then the Developer shall select and begin implementation of one of the following mechanisms described in subsection I or ii below prior to the City issuing any building pennits for the Project, to fund the maintenance of the Open Space Areas within the Project. <;š--? _,..~~_ _,,_ _____n_m_~__.___.._..____~.___. Page 7, Item 2' Meeting Date 5/13/97 I. Communi~ Facilities District Act Alternative. In the event either that the Developer and the City jointly agree during the Meet and Confer Process, or the Developer determines pursuant to Section b.2. above; the Developer may formally request that the City form a Community Facilities District (CFD) under the CFD Act and take such other actions necessary to form such district to fund the maintenance of the Open Space Areas. The City shall in a timely manner process the application for a community facilities district for such purpose. The Developer understands that the City Council maintains its sole discretion to approve or deny the formation of such district. ii. Homeowners Association Alternative. In the event either that the Developer and the City jointly agree during the Meet and Confer Process, the Developer determines pursuant to Section b.2. above, or no community facilities district has been approved, the Developer shall create a Homeowner's Association to maintain in a diligent manner such Open Space Areas. The Developer shall submit for the City's approval the CC&R's, or other appropriate documentation, describing the maintenance responsibility of the Homeowners Association for the Open Space Areas. The City shall not unreasonably withhold its approval of such CC&Rs. (3) The Developer agrees and understands that the Open Space Areas shall not be maintained by the use of the City's General Fund. The Developer shall make its determination of the mechanism to be used and provide written notice thereof to the City within thirty (30) days of the conclusion of the Meet and Confer Process. The Developer shall complete the formation of the CFD District or Homeowners Association prior to the Developer making application for the first Building Permit for any units within the Project. (4) The Developer further agrees that the City has the right to withhold issuance of any Building Permits for the Project if no CFD Act or Homeowners Association is formed to maintain the Open Space Areas. 7. In satisfaction of Condition No. 45, the Developer agrees to maintain all detention basin facilities on the Project site to ensure their continued operation and proper drainage. The Developer further agrees that should the City be required to take remedial action to ensure proper drainage, the Developer shall upon demand reimburse City for all costs related to such remedial actions. 8. In satisfaction of Condition No. 56, the Developer agrees to provide fire prevention facilities and equipment, including the construction of a fire station, if required, in accordance with the SUNBOW IT Public Facilities Financing Plan. The Developer further agrees to provide or secure said facilities and equipment in accordance with a schedule submitted by the Developer and as approved by the Fire Chief and in accordance with any ~-? .._-... -_.._-~ Page 8, Item 8' Meeting Date 5/13/97 City Council adopted Plan relative to such facilities and equipment. Prior to the issuance of the fIrst building permit for the Project, the Developer shall prepare and submit for City Council approval its proposed schedule for such facilities and equipment. 9. In satisfaction of Condition No. 58, the Developer agrees to install, test and operate all fIre hydrants required by the Fire Chief prior to placement of any combustible materials on site of any unit in the Project; in conjunction therewith, the Developer shall provide roadway access at such sites for fIre apparatus as required by the Fire Chief. 10. In satisfaction of Condition No. 59, the Developer shall prepare for City's approval, a site- specifIc acoustical analysis for the Project. In those areas identifIed within a 65 or greater dBA contour, the Developer shall, prior to the issuance of any building permit for the Project, construct an acoustical barrier and provide housing designs that are approved by the City, for all residential units within such dBA contours to ensure interior noise limits of 45 dBA. The Planning Director shall review and have authority to approve or deny the barrier and housing designs to ensure acoustical protection for all exterior areas that are within a 65 or greater dBA contours. 11. In satisfaction of Condition Nos. 67 and 88 of the Resolution: a. The Developer agrees that prior to approval of the fIrst fInal map and prior to execution of this Agreement to provide 10 the City as and for improvements within Greg Rogers Park a cash deposit in the sum of $100,000. The City agrees to consider in good faith Developer's proposal to provide grading within Greg Rogers Park. Should the City in its discretion determine that the Developer's grading, which shall meet all City standards and requirements, constitutes acceptable improvements to Greg Rogers Park, the City will surrender and release the $100,000 cash deposit to the Developer. b. The Developer agrees to make an irrevocable offer of dedication to the City, pursuant to California Government Code section 7050, for a 10-acre community park site at Unit 15, Planning Area 9 of the Project as more particularly described in the Sunbow Public Facilities Financing Plan (Chapter 2, Parks and Recreation). The Developer further agrees to submit a schedule to the City's Parks and Recreation Department as to development of such park for review and approval in the discretion of the head of said City department no later than 120 days from the date of execution of this agreement. The City agrees that if the Developer complies with all provisions of this subsection b., PAD fees as to such park shall be waived. c. The Developer further agrees to provide the Irrevocable Offer of Dedication described in b. above, free and clear of any encumbrances within a reasonable period of time. Notwithstanding the foregoing, the Developer agrees that if such encwnbrance-free dedication is not provided to the City within 60 days of execution of this Agreement, the Developer shall provide an offer of dedication, free and clear :5~~ .... -- _......_~,_..._.,_._--.._._.,. .-----."-,----- Page 9, Item is Meeting Date 5/13/97 of all encumbrances, to an alternative lO-acre site within the Project. The Developer agrees that the City shall have the sole discretion to choose said alternative site from anywhere within the Project. The Developer shall also provide all necessary access easements to said alternative site. The Developer further agrees that if such encumbrance-free offer of dedication to the alternative site is not provided, the City shall have the right to withhold the issuance of any building or grading permits as to the Project. d. Because the Tentative Subdivision Map for Sunbow II is approximately seven years old, staff has re-evaluated the park conditions originally agreed to by the Developer on said map and has identified other park and recreation priorities which they believe would better meet the needs of the City in lieu of the original condition to provide a lO-acre Park and Recreation complex at Unit 15, Planning Area 9. In response to these priorities, the following condition has been included in the Supplemental Subdivision Improvement Agreement: The City and the Developer agree to meet and confer in good faith to discuss the concept of a sports complex to be located in the industrial park south of Orange A venue which would consist of at least 4 lighted softball fields, a recreation building and 2 soccer fields. Should the City and the Developer reach agreement, the sports complex, plus a 7-acre "passive neighborhood park" within the Project plus additional improvements by the Developer to the Greg Rogers Park as set forth more fully below would be accepted by the City in lieu of the Developer's obligation to construct a community recreation facility within the Project. The City and the Developer acknowledge that such a complex would require City Council involvement and approval and may necessitate an amendment to the Sunbow SPA Plan. It must be noted that Staff will return with a report and recommendation to the City Council on this subject in the near future. Regardless of the outcome of negotiations with the Developer, the City is protected in these negotiations because the original park condition related to the development of a Park and Recreation complex at Unit 15, Planning Area 9 remains in effect until a new agreement is approved by the City Council. e. The City and the Developer agree to meet and confer in good faith to discuss improvements to Greg Rogers Park including grading which the Developer may be able to facilitate. To that end, City will provide construction estimates to the Developer to determine the feasibility and estimated cost of the Developer's grading. The parties will further discuss certain improvements to be constructed on the fields of the 10 acre park described in part b. above. 25~C¡ . --.-...-, ----.. .- ~_.,_.._----_._-_.,.- Page 10, Item '? Meeting Date 5/13/97 12. In satisfaction of Condition No. 69, the Developer agrees to include in the Declaration of Covenants, Conditions and Restrictions for the Project provisions restricting the use or modification of perimeter walls located at or near the Open Space maintenance district within the Project which shall include restrictions on change or modifications to color, painting, shape, materials, height, or like modification. The Developer shall require purchasers of adjoining lots to execute a statement at the time of such purchase acknowl- edging that the open space wall is located on City property. The Developer agrees to provide all appropriate disclosure statements to purchasers of units within the Project of such restrictions. 13. In satisfaction of Condition No. 81, the Developer shall provide all legally necessary disclosure statements to prospective purchasers within the Project. 14. In satisfaction of Condition No. 86, the Developer agrees to comply, implement and remain in compliance with the mitigation measures required by the Environmental Impact Report 88-1, which are hereby incorporated into this resolution by reference. Any measure not satisfied by specific condition of the Resolution approving the Tentative Map, or by the project design should be implemented to the satisfaction of the Director of Planning. Mitigation measures shall be monitored via Mitigation Measures Monitoring Program approved in conjunction with Environmental Impact Report 88-1. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning should changes in circumstances warrant such revision. 15. In satisfaction of Condition No. 89, the Developer agrees that the City shall have the right to withhold pennission for occupancy of any unit in the Project if any conditions of approval and/or any facilities as to the Project are not completed when occupancy is required by the Developer. 16. In satisfaction of Condition No. 92, the Developer and its successor in interest agrees to defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, arising from or connected with the City's granting of the Tentative Map extension identified as File EY-305, whether such claim, action or proceedings are brought forward by Developer, Rancho Del Sur Partnership, any successors in interest, or any third party. 17. In satisfaction of Condition 93, the Developer shall prepare, submit, and obtain City Council approval of Water Conservation and Air Quality Improvement Plans prior to approval of the first Final Map. 19. In satisfaction of Condition No. 94, the Developer agrees to comply with the requirements of the Public Facilities Financing Plan for the Project, as may be amended by the City to conform with the City's adopted Growth Management Program (Municipal Code Section 19.19, et seq,) which may be amended from time to time by the City. 8' '/ ¿J Page 11, Item if Meeting Date 5/13/97 With applicant's concurrence, staff is recommending the inclusion of a City Code requirement to ensure that the project is developed in compliance with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance), which was adopted subsequent to the original approval of the Sunbow Tentative Subdivision Map. The City Code requires the applicant to comply with said chapter of the Chula Vista Municipal Code. This chapter includes, but is not limited to Compliance with the adopted threshold standards (Section 19.09.04), Public Facilities Financing Plan implementation, and Public Facilities Financing Plan amendments procedures. The applicant has agreed to this requirement and acknowledges that the City is presently in the process of amending its Growth Management Ordinance to establish provisions necessary to ensure compliance with the adopted threshold standards (particularly traffic) prior to the construction of State Route 125. This City Code requirement reads as follows: Developer agrees to Comply and remain in compliance with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter includes but is not limited to: threshold standards (Section 19.09.04), Public Facilities Financing Plan implementation (Section 19.09.090), and Public Facilities Financing Plan amendment Procedures (Section 19.09.100). The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add Section 19.09.105 establishing the necessary provisions to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a development as a prerequisite to final map approval for that development. The applicant hereby agrees to comply with adopted amendments to the above mentioned Growth Management Ordinance. The developer has also executed a Subdivision Improvement Agreement for this map and has provided bonds to guarantee construction of the required public improvements (Chula Vista Drawings 97-99 through 97-133,97-169 through 97-186C, 97-233 through 97-262, and 97-293 through 376). The developer has paid all applicable fees and has also provided a bond to guarantee the subdivision monumentation and benchmarks. Please note that the developer's disclosure statement, the May 22, 1990 City Council minutes pertaining to approval of the Tentative Subdivision Map, and the July 20, 1993 City Council minutes pertaining to the City Council's affmnation of a Planning Commission resolution to approve a one- year Tentative Subdivision Map extension are included as Attachments 3, 4A, and 4B, respectively. g- ~// Page 12, Item 5? Meeting Date 5/13/97 Affordable Housinl: Avreement Housing Element The City of Chula Vista, along with all other cities in California, is required by state law to have a Housing Element as a component of its General Plan. The Housing Element describes the housing needs of the community and the responses necessary to fulfill them. The City of Chula Vista Housing Element of 1991 contains numerous objectives, policies and related action programs to accomplish these objectives. Key among these is the affordable housing policy which requires that residential development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling units for low and moderate income households. One half of these units (5% of the total project) being designated to low income and the remaining 5% to moderate income households. Sunbow II Based on the total of 1,946 residential housing units which are currently allowed to be constructed within Sunbow II, a total of 194 low and moderate income housing units are required to be provided within the project, of which 97 will be provided for low income and 97 moderate income households. In order to comply with this requirement, the applicant, A.C.I., Sunbow LLC, has prepared an Affordable Housing Agreement for the Sunbow II Planned Community for Council's consideration and approval (see Attachment 5). All 97 low income housing units would be located in the Sunbow II Development Phasing Plan in Neighborhoods 13 and 17. As prescribed in the General Plan, the low income housing site was selected for its proximity to future public transit facilities, including bus routes along Medical Center Drive and East Palomar Street and it is located within walking distance to future retail commercial centers and support services, such as public parks and schools. These sites, Neighborhoods 13 and 17, were designated for multi-family use in the General Development Plan and the SPA Plan, therefore they are found adequate to accommodate affordable housing as prescribed in the Affordable Housing Agreement. The moderate income housing units will be located in Neighborhoods 12, 13, 14, or 17 (see Attachment 6). The Sunbow II Affordable Housing Agreement is expected to be implemented in two phases. The Initial Phase consists of a total of 1,435 units with the provision of sixty-eight (68) low income and sixty -eight (68) moderate income housing units. The Remaining Phase consists of a total of 511 units with the provision of twenty-nine (29) low income and twenty-nine (29) moderate income housing units. Construction of sixty-eight (68) low income housing units in the Initial Phase is expected to begin before the issuance of the 718th building permit. Construction of the sixty-eight (68) moderate income housing units in the Initial Phase is expected to begin before the issuance of the 741st building permit. Construction of twenty-nine (29) low income housing units in the Remaining Phase is expected to start prior to the issuance of the 1 ,301st building permit. Construction of twenty-nine fš~/c2 -----..---.--.- Page 13, Item P Meeting Date 5/13/97 (29) moderate income housing unils in the Remaining Phase is expected to start prior to the issuance of the 1 ,00 1st building pennit. Additionally, the Sunbow II Agreement requires the developer to build the low and moderate income housing units, rather than simply requiring that land be dedicated for these purposes. The Agreement also gives the City the right to demand that the developer construct a proportional amount of low and/or moderate income housing units relative to the total number of residential building pennits that have been issued for the Project. The Agreement also includes a provision by which the developer will receive certain credits if more than 5 % of the project's residential units are low income housing. The proposed tenns of the Agreement for Sunbow II meet the requirements of the City's Housing Element and A.C.I. Sunbow LLC has agreed to all tenns. CEQA Compliance The proposed Agreement for the provision of affordable housing for Sunbow II has been reviewed for compliance with CEQA. This document is the mechanism for implementation of affordable housing within the prescribed densities and maximum unit count of the Sunbow II General Development Plan and SPA plan. Approval of the program and execution of the Agreement would not, therefore, result in the construction of any housing beyond that anticipated in the GDP and SPA plans and the enviromnental review documents prepared for those plans. Therefore, the actions recommended by this staff report are considered to be exempt from CEQA under the "General Ru1e" (Section 15061(b)(3) of the CEQA Guidelines). This exemption applies to projects which do not have the potential for causing a significant impact on the enviromnent. Based on the content of the documents and the enviromnental documentation perfonned on the actual physical development project, it can be seen with certainty, in this case, that the recommended actions would not have the possibility of having a significant effect on the enviromnent, beyond that already analyzed. Other Issues In January 1997, City staff received a petition from residents that live in the vicinity of Parkview Elementary School, which is located immediately west of Sunbow II's westerly boundary and to the south of the proposed East Palomar Street extension. The petition requested that the existing traffic congestion and circulation problems due to school-related traffic be addressed by the City prior to the start of construction in Sunbow II. Current access to the school is via the residential neighborhood located south of the school. In order to alleviate the congestion and circulation problems in the residential neighborhoods, access to the school site is needed from Oleander Avenue and/or future East Palomar Street. City staff, Chula Vista Elementary School District staff, and the developer have met to discuss this issue and have agreed that creating parking/drop-off access to the campus from East Palomar Street at the northeast portion of the school site is feasible and would eliminate a significant number of trips through the residential neighborhood. gr---J.:J ,~~--.-.- --.-.-...-------..- Page 14, Item 9' Meeting Date 5/13/97 School District staff is currently evaluating the developer's most recent proposal. City staff will continue to work with all involved parties on resolving this issue and will assure that improvements are implemented in conjunction with the widening of East Palomar Street. FISCAL IMPACT: None. All staff costs associated with processing of improvement plans and fmal map will be reimbursed from developer deposits. Further, the applicant has paid for all costs associated with the processing of the Affordable Housing Agreement. Attachments: Attachment 1: Sunbow II Location Map Attachment 2: Plat - Sunbow II, Units 1 and 2 Attachment 3: Developer's Disclosure Statement NOT S' :.<I,;,g·. Attachment 4A: Minutes of 5/22/90 Regarding Resolution No. 15640 NOT SCANNED Attachment 4B: Minutes of 7/20/93 Regarding One-Year Tentative Map Extension NOT SCANNE' Attachment 5: Affordable Housing Agreement for Sunbow II I Attachment 6: Sunbow II Low and Moderate Income Sites NOr ~CA '~"'!'~rn. Attachment 7: Sunbow II Supplemental Subdivision Improvement græme '"' Attachment 8: Sunbow II Subdivision Improvement Agreement SAIKP A/kpa File No. 0600-80-SUN02 [H:\HOME\ENGINEER\AGENDA \SUN2 _l&2.KP A] r{>/( - --,-.....-. .--,--.---- " ..-_.."---~.~.- .-- RESOLUTION NO. / ~¿,~{} RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 90-07, SUN BOW II, UNITS 1 AND 2, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA CERTAIN PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, REJECTING ON BEHALF OF THE CITY OF CHULA VISTA THE OPEN SPACE LOTS AND CERTAIN PUBLIC STREETS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled Chula vista Tract 90-07 SUNBOW II, UNITS 1 AND 2, and more particularly described as follows: Being a subdivision of Fractional Quarter sections 64, 67, and 90 of Rancho De La Nacion, Map No. 166, filed May 11, 1869 in the Office of the San Diego county Recorder, together with portions of Fractional section 17 and Section 18, Township 18 South, Range 1 West, San Bernardino Meridian, and Lot E of Chula vista Tract No. 87-8, Rancho Del Sur, Phase 1, unit No. 3 , recorded May 2, 1988 as Map No. 12062, all being within the City of Chula Vista, County of San Diego, State of California. Area: 609.40 acres No. of Lots: 341 Numbered Lots: 332 Lettered Lots: 9 Open Space Lots: 12.21 acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the city of Chula vista portions of Brandywine Avenue, Medical Center Drive, Medical Center Court, Wildauer Street, and East Palomar Street, together with Diamond Drive, Sipes Circle, sipes Place, Whitaker Avenue, Biernacki Court, Bibler Court, Harlan Court, Alber Street, Kelso court, Gould Avenue, Lee Circle, Owen Drive, Martin Place, Carbajal Court, and Ingram Street; easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities, tree planting and 1 g~,/ "'........--."., .__M....._'___._·,·.··_ maintenance along dedicated streets, and ten foot general utility and general access easements within Lots IIAII, IIBII, liD", "FII, "Gil, "H", and "HH" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED, said council hereby rejects on behalf of the City of Chula Vista all Open Space Lots, East Orange Avenue, and East Palomar Street between Medical Center Drive and Sunbow II's easterly boundary, all as granted on this map within this subdivision, noting that section 7050 of the Government Code of the State of California provides that an offer of dedication shall remain open and subject to future acceptance by the City. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that certain public streets are dedicated for public use, and that those certain easements with the right of ingress and egress for the construction and maintenance of sewer and drainage facilities, street tree planting, general utility, and general access, as granted thereon and shown on said map within said subdivision is accepted on beha If of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk as Document No. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by ~ ì1'J ~Q..I¿ - John P. Lippitt, Director of John M. Keohøny, City Public Works Att:orl'\ey C:\rs\sunbow.ii 2 ~/J~;¿ -..,.-.....- --.--..~..,_...._--_.__..__.._._--'..._._._..._--~_.._---._- Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and ACI SUNBOW, LLC, a California limited liability company, 550 West C Street, suite 1750, San Diego, California 92101 hereinafter called "Subdivider"; li.IT!':!£;.ê..ê.£;TH..;. WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SUNBOW II UNITS 1 AND 2, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public -1- ?5/;-3 ... ----- ......-.-..,.. ----_....-..._._-~.__._- improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 15640, approved on the 22nd day of May, 1990 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 97-293 through 97-315, on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of $4,535,500. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed~that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not -2- '8'/9'1 ---"------." .-.....-- .---------..-- be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security sha 11 not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO MILLION, TWO HUNDRED SIXTY-SEVEN THOUSAND, SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($2,267,750) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO MILLION, TWO HUNDRED SIXTY-SEVEN THOUSAND, SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($2,267,750) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8 . Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FORTY-FIVE THOUSAND, THREE HUNDRED SEVENTY-FIVE DOLLARS AND NO CENTS ($45,375) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9 . It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the city Engineer and_ acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any -3- %~ :.S .--" ~-.-"~..,-,.-._._- ,--------.------------ difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability_or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement secur i ty sha 11 not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to -4- fÇ~ /? _..,..._.",."._~_._--~- damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions sha 11 not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. [Next Page is Signature Page] -5- ~~-? ------. -- ~,-~- - - --..-.--------- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA DEVELOPER: ACI Sunbow, LLC, a California limited liability company, Mayor Attest: By: /p(rL Beverly Authelet, City Clerk (Name) . cß + Res. .aA. (Title) Approved as to Form Of: Ayres Land Company, a California corporation as its managing member John M. Kaheny, City Attorney Approved as to Form ~ ,¿ ch Charles R. Gill Attorney for Developer (Attach Notary Acknowledgment) -6- g-/J -- ~ - -......--...-----.....-----.-..------.-- LIST OF EXHIBITS Exhibit "An Improvement Security - Faithful Performance NOT SCANNED Form: Bond Amount: $2,267,750 Exhibit liB" Improvement Security - Material and Labor: Form: Bond NOT SCANNED Amount: $2,267,750 Exhibit "C" Improvement Security - Monuments: Form: Bond N07'"'r4~;J1!";;'1t'\ Amount: $45,375 ... ,.....' ~ i:j, :'_". _'.J ,,# ~_\. "..... Securi ties approved as to form and amount by City Attorney Improvement Completion Date: Two (2 ) years from date of Council approval of the Subdivision Improvement Agreement H:\home\attorney\ssia\sunbow.1&2 -7- [5/7 -- c; . t ___.__.___._w_ .. -. . --_._.._..._--_._--_.._-~----_._.__. RESOLUTION NO. /g"¿,~ / RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 90-07, SUN BOW II, UNITS 1 AND 2 WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy conditions of City Council Resolution No. 15640 and the Planning Commission resolution approving a one-year time extension, as affirmed by City Council Resolution No. 17177; and WHEREAS, the description of the conditions in this resolution is intended only to summarize and paraphrase such conditions in Resolution No. 15640 and is not intended to modify or extend them, and is not intended as a basis for interpreting them; and WHEREAS, the developer also acknowledges that the City is presently in the process of amending its Growth Management Ordinance to establish provisions necessary to ensure compliance with the adopted threshold standards (particularly traffic) prior to the construction of State Route 125; and WHEREAS, the Supplemental Subdivision Improvement Agreement addresses the following Tentative Subdivision Map conditions: 1. Condition No. 9 requires the property owner to enter into an agreement with the City whereby: a. The property owner agrees that the City may withhold building permits for any units in the subject subdivision if anyone of the following occurs: (1) Regional development threshold limits set by the East Chula vista Transportation Phasing Plan have been reached. (2) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. b. The property owner agrees that the City may withhold occupancy permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) if the required public facilities, as identif ied in the PFFP, or as amended by the Annual Monitoring Program, have not been completed. The property owner may propose changes in the timing and sequencing of development and 1 ?"ß-j .-.--.---..-- --,-,_.-.._._--- -~..._._..._,.__...."---".__.__.-_..._---- the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City Planning Director and Public Works Director. 2. Condition No. 10 requires the property owner to enter into an agreement with the city to not protest: a) formation of a district for the maintenance of landscaped medians and parkways along streets within and adjacent to the subject property; b) formation or inclusion of the project property in an Open Space District; c) formation or inclusion in a district for the maintenance of Telegraph Canyon drainage channel; d) formation or inclusion in a district for the maintenance of Poggi Canyon drainage faci 1 i ties; and, e) formation or inclusion in a sewer reimbursement district. 3. Condition No. 16 requires the property owner to enter into an agreement with the city to insure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision prior to the approval of Final Maps for each phase or unit. Access to the conduit shall be restricted to only those franchised cable television companies who are, and remain, in compliance with all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 4. Condition No. 17 requires the property owner to enter into an agreement with the City wherein the City is held harmless from any liability for erosion, siltation or increase of drainage flow resulting from the project. 5. Condition No. 21 states that the property owner's obligation to improve or parallel the existing Poggi Canyon Trunk Sewer segments which exceed design capacity due to flows from Sunbow II shall include an oversizing of or paralleling of existing sewer lines as may be necessary to accommodate the ultimate projected flow from areas tributary to the Poggi Canyon sewer basin, and the flow as diverted from the Palm Canyon basin. The condition also states that the property owner may request the formation of a reimbursement district and a reimbursement agreement in accordance with Chapter 15.50 of the Municipal Code. 6. Condition No. 23 requires the property owner to enter into an agreement whereby the property owner agrees to: a. Fund a study for the preparation of a Poggi Canyon Sewer Basin Improvement and Financing Plan. Said Basin Plan shall provide: (1) an estimate of the ultimate sewage 2 [)ß-,2 _ ____~_M___·_. ___...._ . .__,__._.'.,,___.__._...______._____.,__.. flows; (2) the necessary additions to the existing sewer system to provide adequate capacity for said flows; (3) a method to fairly allocate the cost for providing the needed improvements; and, (4) a method for reimbursement to developers providing sewer improvements as outlined in the Basin Plan. Funds provided by the property owner for preparation of the Basin Plan shall be subject to reimbursement from fees as may established by said Basin Plan. b. Participate in funding of the necessary facilities to provide downstream sewer capacity in the Main street and date-Faivre trunk sewers for those sewer segments which the development causes to exceed City design capacity standards. The property owner may request the formation of a reimbursement district in accordance with Chapter 15.50 of the Municipal Code. c. Provide appropriate security to guarantee the ability to restore the trunk sewers' reserve capacity to a level and condition that would otherwise exist but for sewage diverted into the Poggi Canyon Basin by the Sunbow II project. Said security may be waived if the property owner can demonstrate to the satisfaction of the City Engineer that the cost of improvements constructed by the property owner is equal to or greater than the total of (1) the fair cost responsibility for necessary improvements as determined by the basin plan and (2) the cost of improvements necessary to restore the reserve capacity. 7. Condition No. 28 requires that Open Space areas which are to be maintained by an open space district shall be granted to the City in fee. 8. Condition No. 45 requires the property owner to guarantee the maintenance of proposed detention facilities and to prepare a maintenance program including a schedule and financing mechanism for said detention basins. The property owner is further required to enter into an agreement with the City of Chula vista and the State Department of Fish and Game wherein the parties agree to implement the basin maintenance program. 9. Condition No. 56 and the Sunbow II Public Facilities Financing Plan requires the property owner to provide fire prevention facilities and equipment, including the construction of a fire station, if required, in accordance with a schedule as approved by the Fire Chief. 10. Condition No. 58 requires that fire hydrants be installed, tested, and operational prior to placement of any combustible materials on any unit. 3 8ZJ-J - ---...-.. - --.--.- ..--".-- 11. Condition No. 59 (Mitigation Monitoring Measure No. 31) requires the property owner to prepare and submit an acoustical analysis for submission to the City Environmental Coordinator and to agree to mitigate noise impacts on all residential units by the placement of solid walls, acoustical barrier or wall/berm combinations. Any residential areas identified within a 65 dBA contour or greater shall be subject to review and approval of the Director of Building and Housing to ensure interior noise limits of 45 dBA. The Planning Director shall review and approve acoustical protection to all exterior areas subject to a 65 dBA or greater noise level. 12. Condition No. 67 provides for the waiver of all Park Acquisition and development (PAD) fees in exchange for the development and dedication of a Park and Recreation complex to the City. The complex is subj ect to the approval of the Director of Parks and Recreation, as described in the Sun bow SPA II Plan and Public Facilities Financing Plan. 13. Condition No. 68 requires the applicant. to request annexation to Open Space District 18 and to dedicate open space areas which are to be maintained by an open space district to the City in fee title. Landscape maintenance of open space areas shall be accomplished by the developer or applicable homeowners association for a minimum period of one year, which may be extended until such time as accepted into the open space district by the Director of Parks and Recreation and City Landscape Architect. 14. Condition No. 69 requires that the Declaration of Covenants, Conditions and Restrictions includes provisions assuring restriction on the use or modification of perimeter walls located within Open Space lots. The City of Chula Vista is to be named as a party to said Declaration and shall be authorized to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. These restriction shall also be reflected in the Covenants, Conditions, and Restrictions for each lot. In addition, sales disclosure documents which identify use restrictions on perimeter walls within all Open Space lots are to be submitted to the City. 15. Condition No. 75 requires slopes on the south side of the future Palomar Street extension, just east of Oleander Avenue, which face onto the street, shall be included in Open Space District 18. (Flair Banks - presently Park lands). 16. Condition No. 76 requires that the Telegraph Canyon Road medians (and parkways) be included within Open Space District 18. 4 f5ß~'/ -.-.,..------.," ·___·.m___~_ --_._-"~_._- 17. Condition No. 81 requires the developer to ensure that prospecti ve purchasers sign an assessment disclosure statement fUlly explaining homeowners costs associated with Mello-Roos, Assessment, and Open Space Districts, as required by Ordinance No. 2275, and to provide a copy of said disclosure prior to approval of each final map. 18. Condition No. 86 requires that all development within the subdivision boundary shall be done in accordance with the Sunbow Mitigation Monitoring Program. 19. Condition No. 88 requires concurrent with the recordation of any final map for Sunbow II, the developer shall submit an irrevocable letter of dedication to the City of the 10 acre park site (Unit 15, Planning Area 9) . Thereafter, the City may exercise the option to accept this dedication at any time of its choosing. The dedication does not alter in any way all the other conditions of approval relative to the turnkey status of the Community Recreation Center, Olympic Swimming Pool and Park facili ty as detailed in the Sunbow II Public Facilities Financing Plan. 20. Condition No. 89 requires the property owner to agree that all conditions of approval be satisfied and that all facilities be completed prior to the issuance of occupancy permits. 21. Condition No. 92 requires that the property owner's successors in interest to indemnify the City, its employees, and agents from any or all lawsuits and liabilities in connection with granting of the July 20, 1993 Tentative Map extension and to waive any claims arising from placing conditions upon such extension of the Tentative Map, whether the issues and liabilities are raised by the current owner or any successor in interest or any third party. 22. Condition No. 93 requires the property owner to prepare, submit, and obtain City Council approval of Water Conservation and Air Quality Improvement Plans. 23. Condition No. 94 requires the property owner to comply with all requirements of the Public Facilities Financing Plan for the project, as may be amended to conform with the City's adopted Growth Management Program, pursuant to Section 19.09.120 of the Municipal Code_ NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract 90-07, Sunbow II, Units 1 and 2, a copy of which is on file in the office of the City Clerk as Document No. . 5 %ß-S' - ...__._~._- -_.,---.-_._"...- . BE IT FURTHER RESOLVED that the Mayor 01" the City of . . Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved ... ~o form by Lippitt, Director of O~ ~o John P. John M. Kaheny, Ci y Attorney Public Works c: \rs\sunbow. II 6 gg--? .-.-... "----- RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) No transfer tax is due as this is a ) conveyance to a public agency of ) less than a fee interest for which ) no cash consideration has been paid ) or received. ) ) ) ) Developer ) ) Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT SUN BOW II This Supplemental Subdivision Improvement Agreement ("Agree- ment") is made this _ day of , 1997, by and between THE CITY OF CHULA VISTA, California ("city" or "Grantee" for recording purposes only) and ACI Sunbow, LLC, a California limited liability company, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agree- ment: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of a project commonly known as Sunbow II. For purposes of this Agreement the term "Project" shall mean "Property". B. Developer is the owner of the Property. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Sunbow II, Chula Vista Tract 90-07 ("Tentative Subdivision Map") for the subdivi- sion of the Property. D. The city has adopted Resolution Nos. 15640 and 17177 (collectively herein "Resolution") collectively pursuant to which -1- 8'.8-7 .____ m "._._.'. ..."_.___~.___ it has approved the Tentative subdivision Map subject to certain conditions as more particularly described in the Resolution. The description of the conditions in this recital section of this Agreement is intended only to summarize and paraphrase such conditions in the Resolution, and is not intended herein to modify or explain them, and is not intended as a basis for interpreting ~~. ' E. Condition No.9 requires the property owner to enter into an agreement with the City whereby: a. The property owner agrees that the City may withhold building permits for any units in the subject sUbdivision if any one of the following occurs: (1) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. (2) Traff ic volumes, levels of service, public utilities and/or services exceed the adopted. City threshold standards. b. The property owner agrees that the City may withhold occupancy permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) if the required public facilities, as identified in the PFFP, or as amended by the Annual Monitoring Program, have not been completed. The property owner may propose changes in the timing and sequencing of develop- ment and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City Planning Director and Public Works Director. F. Condition No. 10 requires the property owner to enter into an agreement with the City to not protest: a) formation of a district for the maintenance of landscaped medians and parkways along streets wi thin and adj acent to the subj ect property; b) formation or inclusion of the project property in an Open Space District; c) formation or inclusion in a district for the mainte- nance of Telegraph Canyon drainage channel; d) formation or inclusion in a district for the maintenance of Poggi Canyon drainage facilities; and, e) formation or inclusion in a sewer reimbursement district. G. Condition No. 16 requires the property owner to enter into an agreement with the City to insure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision prior to the approval of Final Maps for each phase or unit. Access to the conduit shall be restricted to only those franchised cable television companies who are, and remain, in compliance with all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and F'ß--g/ -2- .-.--- - ....----.......-."---.--- affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula vista. H. Condition No. 17 requires the property owner to enter into an agreement with the City wherein the City is held harmless from any liability for erosion, siltation or increase of drainage flow resulting from the project. I. Condition No. 21 states that the property owner's obligation to improve or parallel the existing Poggi Canyon Trunk Sewer segments which exceed design capacity due to flows from Sunbow II shall include an oversizing of or paralleling of existing sewer lines as may be necessary to accommodate the ultimate projected flow from areas tributary to the Poggi Canyon sewer basin, and the flow as diverted from the Palm Canyon basin. The condition also states that the property owner may request the formation of a reimbursement district and a reimbursement agreement in accordance with Chapter 15.50 of the Municipal Code. J. Condition No. 23 requires the property owner to enter into an agreement whereby the property owner agrees to: a. Fund a study for the preparation of a Poggi Canyon Sewer Basin Improvement and Financing Plan_ Said Basin Plan shall provide: (1) an estimate of the ultimate sewage flows; (2) the necessary additions to the existing sewer system to provide adequate capacity for said flows; (3) a method to fairly allocate the cost for providing the needed improvements; and, (4) a method for reimbursement to developers providing sewer improvements as outlined in the Basin Plan. Funds provided by the property owner for preparation of the Basin Plan shall be subject to reimbursement from fees as may established by said Basin Plan. b. Participate in funding of the necessary facilities to provide downstream sewer capacity in the Main Street and date- Faivre trunk sewers for those sewer segments which the development causes to exceed City design capacity standards. The property owner may request the formation of a reimbursement district in accordance with Chapter 15.50 of the Municipal Code. c. Provide appropriate security to guarantee the ability to restore the trunk sewers' reserve capacity to a level and condition that would otherwise exist but for sewage diverted into the Poggi Canyon Basin by the Sun bow II project. Said security may be waived if the property owner can demonstrate to the satisfaction of the City Engineer that the cost of improvements constructed by the property owner is equal to or greater than the total of (1) the fair cost responsibility for necessary improvements as determined by the basin plan and (2) the cost ~f improvements necessary to restore the reserve capacity. Y'g~9 -3- ---,-------.-- .. ----...--------------.-.-. K. Condition No. 28 requires that Open Space areas which are to be maintained by an open space district shall be granted to the City in fee. L. Condition No. 45 requires the property owner to guarantee the maintenance of proposed detention facilities and to prepare a maintenance program including a schedule and financing mechanism for said detention basins. The property owner is further required to enter into an agreement with the city of Chula Vista and the State Department of Fish and Game wherein the parties agree to implement the basin maintenance program. M. Condition No. 56 and the Sunbow II Public Facilities Financing Plan requires the property owner to provide fire prevention facilities and equipment, including the construction of a fire station, if required, in accordance with a schedule as approved by the Fire Chief. N . Condition No. 58 requires that fire hydrants be in- stalled, tested, and operational prior to placement of any combustible materials on any unit. O. Condition No. 59 (Mitigation Monitoring Measure No. 31) requires the property owner to prepare and submit an acoustical analysis for submission to the City Environmental Coordinator and to agree to mitigate noise impacts on all residential units by the placement of solid walls, acoustical barrier or wall/berm combina- tions. Any residential areas identified within a 65 dBA contour or greater shall be subject to review and approval of the Director of Building and Housing to ensure interior noise limits of 45 dBA. The Planning Director shall review and approve acoustical protec- tion to all exterior areas subject to a 65 dBA or greater noise level. P. Condi tion No. 67 provides for the waiver of all Park Acquisition and development (PAD) fees in exchange for the development and dedication of a Park and Recreation complex to the City. The complex is subject to the approval of the Director of Parks and Recreation, as described in the Sunbow SPA II Plan and Public Facilities Financing Plan. Q. Condition No. 68 requires the applicant to request annex- ation to Open Space District 18 and to dedicate open space areas which are to be maintained by an open space district to the City in fee title. Landscape maintenance of open space areas shall be accomplished by the developer or applicable homeowners association for a minimum period of one year, which may be extended until such time as accepted into the open space district by the Director of Parks and Recreation and City Landsc~pe Architect. R. Condition No. 69 requires that the Declaration of Covenants, Conditions and Restrictions includes provisions assuring restriction on the use or modification of perimeter walls located within Open Space lots. The City of Chula Vista is to be named as -4- 25'3 -- / tl _ _.,.__~.. 'H" __.____.___ a party to said Declaration and shall be authorized to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. These restriction shall also be reflected in the Covenants, Conditions, and Restrictions for each lot. In addition, sales disclosure documents which identify use restrictions on perimeter walls within all Open Space lots are to be submitted to the City. S. Condition No. 75 requires slopes on the south side of the future Palomar Street extension, just east of Oleander Avenue, which face onto the street, shall be included in Open Space District 18. (Flair Banks - presently Park lands) . T. Condition No. 76 requires that the Telegraph Canyon Road medians (and parkways) be included within Open Space District 18. U. Condition No. 81 requires the developer to ensure that prospective purchasers sign an assessment disclosure statement fully explaining homeowners· costs associated with Mello-Roos, Assessment, and Open Space Districts, as required by Ordinance No. 2275, and to provide a copy of said disclosure prior to approval of each final map. V. Condition No. 86 requires that all development within the subdivision boundary shall be done in accordance with the Sunbow Mitigation Monitoring Program. W. Condition No. 88 requires concurrent with the recordation of any final map for Sunbow II, the developer shall submit an irrevocable letter of dedication to the City of the 10 acre park site (Unit 15, Planning Area 9) . Thereafter, the City may exercise the option to accept this dedication at any time of its choosing. The dedication does not alter in any way all the other conditions of approval relative to the turnkey status of the Community Recreation Center, Olympic Swimming Pool and Park facility as detailed in the Sunbow II Public Facilities Financing Plan. X. Condition No. 89 requires the property owner to agree that all conditions of approval be satisfied and that all facili- ties be completed prior to the issuance of occupancy permits. Y. Condition No. 92 requires that the property owner's successors in interest to indemnify the city, its employees, and agents from any or all lawsuits and liabilities in connection with granting of the July 20, 1993 Tentative Map extension and to waive any claims arising from placing conditions upon such extension of the Tentative Map, whether the issues and liabilities are raised by the current owner or any successor in interest or any third party. Z. Condition No. 93 requires the property owner to prepare, submit, and obtain City Council approval of Water Conservation and Air Quality Improvement Plans. -5- ~!J-I/ . ---.--.-.------.'" AA. Condition No. 94 requires the property owner to comply with all requirements of the Public Facilities Financing Plan for the project, as may be amended to conform with the City's adopted Growth Management Program, pursuant to Section 19.09.120 of the Municipal Code. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein_ If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceed- ings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. a. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subj ect to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the project which is being acquired by the Assignee. b. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement and such partial release will not, in the opinion of the City, jeopardize the likelihood that the -6- (58--/.2 ---,---_.._- "-"--_.__.._--._-~.. remainder of the Burden will not be completed. 2. Condition No. 9 - Building Permits. In satisfaction of Condition No. 9 of the Resolution, the Developer agrees that: a. The city may withhold building permits for any units within the Project if anyone of the following occur: 1. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. 2. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the Growth Management Ordinance. b. The city may withhold occupancy permits for any of the units within any of the phases of development identified in the PFFP if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City Planning Director and Public Works Director. 1. Developer agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this Agreement, and to thereafter maintain, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of one million thirty-five thousand dollars ($1,035,000), which security shall guarantee the labor and material and faithful performance in connection with the installation of the Telegraph Canyon Road Public Improvements as shown on Exhibit "B." 2. Developer agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this Agreement, and to thereafter maintain, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of nine hundred four thousand five hundred dollars ($904,500) to secure the payment of material and labor and faithful performance in connection with the installation of the Poggi Canyon Trunk Sewer Public Improvements as shown on Exhibit "B". 3. Developer agrees to furnish and deliver to the City of Chula vista simultaneously with the execution of this Agreement, and to thereafter maintain, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of one million seven hundred thirty-eight thousand dollars ($1,738,000) to secure the payment of material and labor and faithful performance in connection with the installation of the Major Infrastructures as shown on Exhibit "B". 4. Developer acknowledges and agrees that if the Street Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City -7- ?,E--/J -- -----_.__..~--.- -----_._.~..._-_._._~~-_...,_.. for the completion of the Improvements in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of comple- tion by the city Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer or its successors in interest, pursuant to the terms of the improve- ment security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 3. Condition No. 10 - No Protest of District Formation. In satisfaction of Condition No. 10 of the Resolution, Developer hereby agrees not to protest the formation or inclusion of the following: a maintenance district, if any, for the maintenance of lighting and landscaped median and parkways along streets within and adjacent to the Property; an assessment district, if any, for the maintenance of Open Space Areas; a district for the maintenance of the Telegraph Canyon drainage channel; a distr ict for the maintenance of Poggi Canyon drainage facilities; and a sewer reimbursement district. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to the addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 4. Condition No. 16 - Cable Television Easements. In satisfaction of Condition No. 16 of the Resolution, the Developer agrees to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for each lot or unit within the Project. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the Project only to those cable television companies franchised by the City of Chula Vista the condition of such grant being that (a) such access is coordi- nated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with, the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula vista. Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon a determina- -8- 58-/1' " . -_.~_. . - -~-- .~-_._.__._~ tion by the City of Chula Vista that they have violated the conditions of the grant. 5. Condition No. 17 - Erosion and Drainage Indemnity. In satisfaction of Condition No. 17 of the Resolution, the Developer agrees that, on the condition that City shall promptly notify the Developer of any claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. 6. Condition Nos. 21 and 23 - poggi canyon Trunk Sewer. In satisfaction of Condition Nos. 21 and 23 of the Resolution, Developer agrees: a. Developer agrees to provide to the City, simultaneously with the execution of this Agreement, and to thereafter maintain an improvement security issued by a City approved surety in the sum of $1,809,000 as and for the construction of improvements or con- structing improvements that parallel the existing Poggi Canyon Trunk Sewer Segments ( "Poggi Segments" ) in accordance with those Plans described on Exhibit "BII. These improvements shall be designed to accommodate the ultimate projected gravity basin flows as well as any flows diverted from the Palm Canyon sewer basin. In the event no DIF is formed, the property owner may request the formation of a reimbursement district and a reimbursement agreement in accordance with Chapter 15.50 of the Municipal Code. Developer agrees to complete construction of the Poggi Segments to the satisfaction of the City, within one year of execution of this Agreement. Developer acknowledges and agrees that if the Poggi Segments are not completed within the time agreed herein, the sums provided by said improvement securities may be used by the City for completion of the Poggi Segments. Developer agrees to pay to the City the difference between the total costs incurred to complete the Poggi Segments, including design and administration of construction, and any proceeds from said improvement security. b. Should the Developer apply for any building permit for the Project prior to the establishment by City of a Development Impact Fee ("DIF") for Poggi Canyon Trunk Sewer facilities, City may issue such permits in advance of the DIF establishment; if such permits are issued, Developer hereby agrees to pay the full amount of unpaid fees for the issued permits upon demand by the City. Developer and City agree that the cost of sewer construction from Main Street to Melrose Avenue for determining the DIF, sha 11 be $600,000 and any cost above that amount shall be borne by the Developer. -9- 3'$ - J.s- "-.--....-.. .--.. -..-.-.---..--, 7. Condition Nos. 28, 68, 75, 76, 81 - Open Space. In satisfaction of Condition Nos. 28, 68, 75, 76, 81 of the Resolu- tion, Developer agrees to the following: a. The parties acknowledge that, in November of 1996/ and subsequent to the adoption of this Resolution, the California electorate approved Proposition 218, adding Articles XI IIC and XIIID to the California Constitution. The City has retained consultants to analyze the effect of Proposition 218 on the funding of maintenance of open space lands and street medians, and to make recommendations to the City Council regarding the most effective manner to maintain open space lands and street medians ("Mainte- nance Analysis"). The Maintenance Analysis may affect Developer and a number of other developers and landowners within the City, and is projected to be completed and acted upon by the City during late Spring, 1997. b. In order for Developer to request City Council approval of, and record, the final map of the proj ect; to provide some assurance to the Developer and the public that the Project's open space areas, including the slopes on the south side of Palomar Street, east of Oleander Avenue, which face onto adjoining streets and the thoroughfare median areas (collectively referred to as "Open Space Areas") will be maintained; and to protect the City from having to use its general fund to maintain the Project's Open Space Areas; the city and Developer mutually agree to the follow- ing: 1. The City and Developer shall meet and confer in good faith for a period not to exceed 120 days following City Council approval of this final map, to determine whether any mutually acceptable alternative means exist to fund the maintenance of the Open Space Areas within the Project (the "Meet and Confer Pro- cess") . 2. In the event that the City and Developer are unable to reach agreement upon a mechanism to fund the maintenance of the Open Space Areas within the Project within the period of the Meet and Confer Process, then Developer shall select one of the mechanisms described in subsection i. or ii. below, to fund the maintenance of the Open Space Areas within the Project. i. Community Facilities District Act ("CFD") Alterna- tive. In the event either that the Developer and the City jointly agree during the Meet and Confer Process, or the Developer determines pursuant to section b.2. above; Developer may formally request that the City form a community facilities district under the CFD Act and take such other actions necessary to form such district to fund the maintenance of the Open Space Areas. The City shall in a timely manner process the application for a community facilities district for such purpose. Developer understands that the City Council maintains its sole discretion to approve or deny the formation of such district. -10- ð¡j--/þ -.-..-.---".-. ,.."---_._"--_..~-------- ii. Homeowners Association Alternative. In the event either that the Developer and the City jointly agree during the Meet and Confer Process, the Developer determines pursuant to section b.2. above, or no community facilities district has been approved, Developer shall create a Homeowner's Association to own and maintain in a diligent manner such Open Space Areas. The Developer shall submit for City's approval the CC&R's, or other appropriate documentation, describing the maintenance responsibili- ty of the Homeowners Association for the Open Space Areas. The City shall not unreasonably withhold its approval of such CC&R's. 3 . Developer agrees and understands that the Open Space Areas shall not be maintained by the use of the City's general fund. The Developer shall make its determination of the mechanism to be used and provide written notice thereof to the City within thirty (30) days of the conclusion of the meet and confer process_ Developer shall complete the formation of the CFD District or Homeowners Association prior to Developer making application for the first building permit for any units within the Project. 4. Developer agrees that the City has the right to withhold issuance of any building permits for the Project if no CFD Act District or Homeowners Association is formed to maintain the Open Space Areas. 8. Condition No. 45 - Detention Basin Facilities. In satisfaction of Condition No. 45 of the Resolution, Developer agrees to maintain all detention basin facilities on the Project site to ensure their continued operation and proper drainage. Developer further agrees that should City be required to take remedial action to ensure proper drainage, Developer shall upon demand reimburse City for all costs related to such remedial actions. 9. Condition No. 56 - Fire Prevention Facilities and Equipment. In satisfaction of Condition No. 56 of the Resolution, Developer agrees to provide fire prevention facilities and equipment, including the construction of a fire station ("fire facilities"), in accordance with the SUNBOW II Public Facilities Financing Plan. Prior to the issuance of the first building permit for the Project, Developer shall prepare and submit for approval by the City Council its proposed schedule for providing and securing such facilities and equipment. 10. Condition No. 58 - Fire Hydrants. In satisfaction of Condition No. 58 of the Resolution, Developer agrees to install, test and operate all fire hydrants required by the Fire Chief prior to placement of any combustible materials on site of any unit in the Project; in conjunction therewith, developer sha 11 provide roadway access at such sites for fire apparatus as required by the Fire Chief. 1l. Condition No. 59 - Acoustical Barrier. In satisfaction of Condition No. 59 of the Resolution, the Developer shall prepare -11- 158-/7 ~--~._--~... .~.._--"......_-~.- for City's approval, a site-specific acoustical analysis for the project. In those areas identified within a 65 or greater dBA contour, Developer shall prior to the issuance of any building permit for the project, construct an acoustical barrier and provide housing designs that are approved by the City, for all residential units within such dBA contours to ensure interior noise limits of 45 dBA. The Planning Director shall review and have authority to approve or deny the barrier and housing designs to ensure acousti- cal protection for all exterior areas that are within a 65 or greater dBAcontours. 12. Condition Nos. 67 and 88 - Park site. In satisfaction of Condition Nos. 67 and 88 of the Resolution: a.) Developer agrees that prior to approval of the first final map and prior to execution of this Agreement to provide to City as and for improvements within Greg Rogers Park the sum of $100,000 cash. City agrees to consider in good faith Developer's proposal to provide grading within Greg Rogers Park. Should City in its discretion determine that Developer's grading, which shall meet all City standards and requirements, constitutes acceptable improvements to Greg Rogers Park, City will surrender and release the $100,000 cash to Developer. b.) Developer agrees to make an irrevocable offer of dedication to the City, pursuant to CA Government Code section 7050, for a 10 acre community park site at Unit 15, Planning Area 9 of the Project as more particularly described in the Sunbow Public Facilities Financing Plan (Chapter 2, Parks and Recreation) . Developer further agrees to submit a schedule to the City's Parks and Recreation Department as to development of such park for review and approval in the discretion of the head of said City department no later than 120 days from the date of execution of this agree- ment. City agrees that if Developer complies with all provisions of this subsection b., PAD fees as to such park shall be waived_ c.) Developer further agrees to provide the Irrevocable Offer of Dedication described in b. above, free and clear of any encumbrances within a reasonable period of time. Notwithstanding the foregoing, Developer agrees that if such encumbrance-free dedication is not provided to the City within 60 days of execution of this Agreement, Developer shall provide an offer of dedication, free and clear of all encumbrances, to an alternative 10 usable acre site located adjacent to the park site described in b. above, to the satisfaction of the city. If said site is not satisfactory to the City, an alternative site acceptable to the City shall be provided to the developer within the project. City shall not unreasonably withhold approval of the alternative site. Developer shall also provide all necessary access easements to said alterna- tive site. Developer further agrees -that if such encumbrance-free offer of dedication to the alternative site is not provided, City shall have the right to withhold the issuance of any building or grading permits as to the Project. -12- !Jß --j Y -_._._-_.~. -------_.._._~--- d.) city and Developer agree to meet and confer in good faith to discuss the concept of a sports complex to be located in the industrial park south of Orange Avenue which would consist of at least 4 lighted softball fields, a recreation building and 2 soccer fields. Should the parties reach agreement, the sports complex, plus a 7 acre "passive neighborhood park" within the Project plus additional improvements by Developer to the Greg Rogers Park as set forth more fully below would be accepted by the City in lieu of Developer's obligation to construct a community recreation facility within the Project. The parties acknowledge that such a complex would require City Council involvement and approval and may necessitate an amendment to the Sunbow SPA Plan. e.) City and Developer agree to meet and confer in good faith to discuss improvements to Greg Rogers Park including grading which Developer may be able to facilitate. To that end, City will provide construction estimates to the Developer to determine the feasibility and estimated cost of Developer's grading. The parties will further discuss certain improvements to be constructed on the fields of the 10 acre park described in part b. above. 13. Condition No. 69 - Open Space Walls. In satisfaction of Condition No. 69 of the Resolution, Developer agrees to include in the Declaration of Covenants, Conditions and Restrictions for the Project provisions restricting the use or modification of perimeter walls located at or near the Open Space Areas within the Project which shall include restrictions on change or modifications to color, painting, shape, materials, height, or like modifi~ation. Developer shall require purchasers of adjoining lots to execute a statement at the time of such purchase acknowledging that said open space wall is subject to said restrictions. Developer agrees to provide all appropriate disclosure statements to purchasers of units within the Project of such restrictions. 14. Condition No. 81 - Disclosure. In satisfaction of Condition No. 81 of the Resolution, the Developer shall provide all legally necessary disclosure statements to prospective purchasers within the Project. 15. Condition No. 86 - Mitigation Measures. In satisfaction of Condition No. 86 of the Resolution, the Developer agrees to comply, implement and remain in compliance with the mitigation measures required by the Environmental Impact Report 88-1 which are hereby incorporated into this resolution by reference. Any measure not satisfied by specific condition of the Resolution or by the project design should be implemented to the satisfaction of the Director of Planning. Mitigation measures shall be monitored via Mitigation Measures Monitoring Program approved in conjunction with Environmental Impact Report 88-1. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning should changes in circumstances warrant such revision. 16. Condition No. 89 - Occupancy of Units. In satisfaction of Condition No. 89 of the Resolution, Developer agrees that City -13- íf'ß -II ----.'-------,..._..,.. shall have the right to withhold permission for occupancy of any unit in the Project if any conditions of approval and/or any facilities as to the Project are not completed when occupancy is required by Developer. 17. Condition No. 92 - Subdivision Map Indemnity. In satisfaction of Condition No. 92 of the Resolution, the Developer and its successor in interest agrees to defend, indemnify, and hold harmless the city, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, arising from or connected with the City's granting of the Tentative Map extension identified as File EY-305, whether such claim, action or proceedings are brought forward by Developer, ACI Sunbow, LLC, any successors in interest, or any third party. 18. Condition No. 93 - Water Conservation and Air Quality. In satisfaction of Condition 93 of the Resolution, Developer shall prepare, submit, and obtain City Council approval of Water Conservation and Air Quality Improvement Plans prior to issuance of the first building permit for this Project. 19. Condition No. 94 - Comply with PUblic Facilities Financing Plan. In satisfaction of Condition No. 94 of the Resolu- tion, the Developer agrees to comply with the requirements of the Public Facilities Financing Plan for the Project, as may be amended by the City to conform with the City's adopted Growth Management Program (Municipal Code Section 19.09, et seq., ) which may be amended from time to time by the City. 20. City Code Requirements - Developer agrees to comply and remain in compliance with chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter includes but is not limited to: threshold standards (Sec. 19.09.04) , Public Facilities Financing Plan implementation, (Sec. 19.09.090) , and Public Facilities Financing Plan amendment Procedures (Sec. 19.09_100) . The applicant acknowledges that the City is presently ln the process of amending its Growth Management Ordinance to add section 19.09.105 establishing the necessary provisions to ensure compli- ance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a development as a prerequisite to final map approval for that development. The applicant hereby agrees to comply with adopted amendments to the above mentioned Growth Management Ordinance. 21- Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the resolution shall remain in compliance with and implement the terms, conditions and provisions of this Agreement. -14- gg---;¿ 0 ---.----- __.____n~._ 22. satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Conditions 9, 10, 16, 17, 21, 23, 45, 56, 58, 59, 67, 68, 69, 75, 76, 81, 86, 88, 89, 92, 93, 94 of the Resolution. 23. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 24. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. Facsimile transmission shall constitute personal delivery. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: ACI Sunbow LLC 550 West C Street, suite 1750 San Diego, CA 92101 Attn: Keith J. Horne A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery_ b. captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written Tepresentations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. -15- B"ß/c2/ ,_."--~."- -- --- +-------,--------+-- d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Exhibits. Any exhibits set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforce- ment or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. -16- f5 ß "',):2- -."----.- .- -- - -. ---"'--'--~'---~-----'-'-"--~"-' IN WITNESS WijEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA DEVELOPER: ACI Sunbow, LLC, a California limited liability company, Mayor By: Attest: /I:Æ (,- (Name) Beverly Authelet, City Clerk f.-esídì~+ (Title) Approved as to Form Of: Ayres Land Company, a California corporation as its managing member John M. Kaheny, City Attorney Approved as to Form CZß-þ- CLt Charles R. Gill Attorney for Developer H:\HoMe\Attorney\SSIA\Sunbow.SSI -17- g-ß-;¿Y --.-.. __ ,___..__..__ . m._._..._._..,_.,____.____·_ CALIFORNIA ALL-PURPOSE ACKOWLEDGEMENT State of California ) County of San Diego ) On )'/r97 .... personally appeared Dpersonally known to me - OR - roved to me on the basis of satisfa tory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies}, and that by his/her/their signature(s} on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. '---IL,; Q'p;,~~.P.J OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT , 0 Individual ~~o7Q.~ç~~ Corporate Officer ~ O~W'JO Title or Type of D ument Title(s) 0 Partners(s) 0 Limited âc!X 0 General Number of Pages 0 Attorney-in-Fact 0 Trustee(s) - 0 Guardian/Conservator 0 Other: Date of Document SIGNER IS REPRESENTING: NaN! persCtitviieSI Signer(s) Other Than Named Above 1.J..,,/ %8:-27 -""---.-- U52 . "A" DESCRIPTION EXHIBIT BEING A SUBDIVISION OF FRACTIONAL QUARTER SECTIONS 65, 66, & 91, TOGETHER WITH PORTIONS OF QUARTER SECTIONS 64, 67, & 90 OF RANCHO DE LA NACION, MAP NO. 166, FILED MAY 11, 1869 IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, TOGETHER WITH PORTIONS OF FRACTIONAL SECTION 17 & 18, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, & LOT E OF CHULA VISTA TRACT NO. 87-8, RANCHO DEL SUR, PHASE 1, UNIT NO. 3, RECORDED MAY 2, 1988 AS MAP NO. 12062, ALL BEING WITHIN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFO~IA. MORE PARTICULARLY DESCRIBED AS PORTION OF CERTICATE OF COMPLIANCE RECORD~ MARCH 15, 1991 AS FILE NO. 1991-0115517, OFFICIAL RECORDS, THE LEGAL ,', '. ,- DESCRIPTION THEREOF SHOWN AS FOLLOWS: PARCEL 1: LOT "Eo OF CHULA VISTA TRACT NO. 87-8, RANCHO DEL SUR, PHASE I, UNIT NO.3, RECORDED: MAY 2, 1988, AS MAP NO. 12062, TOGETHER WITH ALL THOSE PORTIONS OF QUARTER SECTIONS 64, 65, 66, 90 AND 91 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, State of California, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869 TOGETHER WITH PORTIONS OF FRACTIONAL SECTIONS 17 AND 18, TOWNSHIP 18 SOUTrl, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, BEING WITHIN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, State of California, ALL BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS: BEGINNING AT. T'rlE NORTHWEST CORNER OF QUARTER SECTION 64 AS SHOWN ON RECORD OF SURVEY 10945, RECORDED MARCH 12, 1987 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE NORTHERLY ALONG THE NORTHERLY LINE OF SAID SECTION, NORTH 72 ° 09' 24" EAST, 397.46 FEET (RECORD: NORTH 72° 10' 03" EAST, 397.44 FEET, RECORD OF SURVEY 10945), TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF TELEGRAPH CANYON ROAD, AS SHOWN ON ROAD SURVEY 1086, ALSO BEING AN INTERSECTION WITH A NON-TANGENT 1230.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 6 ° 28' 33" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 30' 25", A DISTANCE OF 139.69 FEET (RECORD: D = 6° 3D' 20" L = 139.66 FEET, RECORD OF SURVEY 10945); THENCE TANGENT TO SAID CURVE, NORTH 89° 58' 08" EAST, 1083.33 FEET (RECORD: NORTH 89° 57' 33" EAST, 1083.41 FEET RECORD OF SURVEY. 10945) , TO THE BEGINNING OF A TANGENT 2030.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF' no 36' 5111, A DISTANCE OF 411.49 FEET (RECORD: D = 11° 37' 00", L = 411.58 FEET RECORD OF SURVEY 10945); THENCE TANGENT TO SAID CURVE, NORTH 78° 21' 17" EAST, 16.33 FEET, (RECORD: NORTH 78° 20' 33" EAST, 16.27 FEET, RECORD OF SURVEY 10945), TO THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF SAID QUARTER SECTION 64; THENCE ALONG SAID LINE, SOUTH 17° 52' 03" EAST, 2170.39 FEET (RECORD: SOUTH 17° 52' 26" EAST, 2170.32 FEET, RECORD OF SURVEY 10945) TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE EAST HALF OF SAID QUARTER SECTION 64; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID QUARTER SECTION 65, SOUTH 17° 52' 18" EAST, 659.82 FEET (RECORD: SOUTH 17° 51' 33" EAST, 660.00 RECORD OF SURVEY 10945) TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SOUTH 72° 09' 46" WEST, 658.79 FEET (RECORD: SOUTH 72 ° 09' 19" WEST, 658.86 FEET, RECORD OF SURVEY <68 'd-ß 1 . -""'-'--'-'-'" order No: 999680 U52 DESCRIPTION I 10945) , TO rrlE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 17° 15' 11" EAST, 903.03 FEET (RECORD: SOUTH 17° 51' Ol" EAST, 903.05 FEET, RECORD. OF SURVEY 1(945), TO THE SOUTH LINE OF SAID QUARTER SECTION 65; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE, NORTH 72° 00' 56" EAST, 245.68 FEET (RECORD; NORTH 72° 00' 50" EAST, 245.68 FEET, RECORD OF SURVEY 10945); THENCE SOUTH 18° 37' 33" EAST, 2B52.65 FEET (RECORD, SOUTH 1BO 37' 04" EAST, 2852.73 FEET, RECORD OF SURVEY 10945), TO AN INTERSECTI~ WITH THE NORrr!/SOUTH CENTERLINE OF SAID FRACTION SOUTH 17, THENCE WESTÈRLY ALONG SAID CENTERLINE, NORTH 88° 31' 41" WEST, 1129.65 FEET (RECORD: NORTH 880 31" 2.611 WEST, 1129.58, RECORD OF SURVEY 10945), TO THE EAST QUARTER CORNER OF SAID FRACTIONAL SECTION 18; THENCE WESTERLY ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION 1B, NORTH BBo 52' 06" WEST, 2645.64 FEET (RECORD, NORTH 88° 50' 57" WEST, 2645.57 FEET, RECORD OF SURVEY 10945) TO THE CENTER OF SAID FRACTIONAL SECTION 1B; THENCE CONTINUING ALONG SAID CENTERLINE, NORTH 880 52' 09" WEST, 1322.97 FEET (RECORD: NORTH 88° 54' 21" WEST, 1322.67 FEET, RECORD OF SURVEY 10945), THENCE NORTH 0° 29' 00" EAST, 1240.11 FEET (RECORD: NORTH 0° 29' 1411 EAST, 1240.22 FEET, RECORD OF SURVEY 10945) TO AN INTERSECTION KITH THE SOUT:~RLY LINE OF SAID QUARTER SECTION 91, THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID QUARTER SECTION 91, SOUTH 71° 57' 01" WEST, 474.46 FEET (RECORD, SOUT:i 71° 56' 32n WEST, 474.52 FEET, RECORD OF SURVEY 10945), TO THE WEST LINE OF T:-3 EAST F.ALF OF THE EAST HALF OF SAID QUAR~R SECTION 91; THENCE NORT:iWESTERLY ALONG SAID WEST LINE, NORTH 18° 05' 37" WEST, 1577.15 FEET (RECORD: NORTH 18° 05' 5211 WEST, 1577.37 FEET, RECORD OF SURVEY 10945) TO THE NORT:iWEST QUARTER OF SAID EAST HALF OF THE EAST HALF; THENCE CONTINUING ALONG A LINE BEING rr!E WEST LINE OF THE EAST HALF OF THE EAST HALF OF QUARTER SECTION 90, NORTH 17° 45' 5511 WEST, 1978.99 FEET (RECORD: NORTH 17° 45' 53" WEST, 1979.03 FEET RECORD OF SURVEY 10945), TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 90; THENCE ALONG THE SOUTH LINE OF SAID NORTHEAST QUA.!<'TER, NORTH 72° 10' 32" EAST, 666.07 FEET (RECORD: NORT:i 72° 10' DB" EAST, 665.97 FEET RECORD OF SURVEY 10945), TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID QUARTER SECTION 67; TF~~CE ALONG T:-3 SOtr.rr! LINE OF SAID NORTHWEST QUARTER NORTH 72° 09' 2711 EAST, B21.55 FEET (RECORD: NORTH 72° 10' 59" EAST, RECORD OF SURVEY 10945) , TO Þ.N INTERSECTION WITH TF2 WEST LINE OF SAID LOT "En OF MAP 12062, BEING AN INTERSECTION WITH A NON-TANGENT 52B.00 FOOT RADIUS CURVE, CONCAVB SOUT:'1"WESTERLY; rr!ENCE NORT:iWESTERLY ALONG THE ARC OF SAID CURVE, AND THE PERIMETER OF SÞ_ID LOT "E", THROUGH A CENTRAL ANGLE OF 2 ° 21' DB" :.A DISTANCE OF OF 21. 68 FEET (RECORD: D = 2° 21' 04", L = 21.67 FEET, MAP 12062), TO A POINT OF ~-vERSE CURVATURE WITH A 10.00.FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 70° 03' 14" WEST; THENCE NORTHWESTERLY Þ.LONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 114 ° 17' 50", _"'- DISTANCE OF 19.95 FEET (RECORD: D = 114° 1B' 20", L = 19.95 FEET, MAP 12062); THENCE TANGENT TO SAID CURVE, SOtr.rr! B5° 3B' 56" EAST, 3B.17 FEET, TO THE 3EGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 950 25' 05", A DISTANCE OF B3.27 FEET (RECORD, D = 95° 23' 0611, L = B3.24 FEET, MAP 12062), TO THE ANGLE POINT OF SAID LOT "E"; THENCE ALONG SAID LOT "E." LINE, NORTH BBo 55' 59" EAST 100.12 FEET (RECORD, NORTH B8° 5B' 3811 EAST, 100.07 FEET, ~n~ 12062) ALONG A RADIAL LINE TO THE P~-VIOUS DESCRIBED 50.00 FOOT RADIUS CURVE, CONCAVE, TO AN INTERSECTION WITH rr!E SOUTHWESTERLY LINE OF LOT "C" AS SHOWN ON SAID MAP 12062, ALSO BEING AN INTERSECTION WITH A 744.50 ?,/?éU 2 . - --- - - ..--.---..--.--- -. ;;6<'"< '0' """ U52 DESCRIPTION FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIAL BEARING TO SAID POINT OF NORTH 78° 53' 5~' EAST, (RECORD: NORTH 78° 53' 57" EAST, MAP ~2062); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID LOT "C', THROUGH A CENTRAL ANGLE OF 1" 32' 26", A DISTANCE OF 20.02 FEET (RECORD: D = 1° 32' 26", L = 20.02 FEET, MAP 12062), TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 67; THENCE ALONG SAID LINE, NORTH 72° 09' 27" EAST, 7.92 FEET, TO AN INTERSECT¡ON WITH THE WESTERLY RIGHT-OF-WAY LINE OF MEDICAL CENTER DRIVE, AS SHOWN ÒÑ SAID RECORD OF SURVEY ~0945, BEING AN INTERSECTION WITH A NON-TANGENT 760_00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIAL BEARING TO SAID POINT OF NORTH -- 7ao ~6' ~7" EAST (RECORD: NORTH 7ao ~5' 3~" EAST, MAP 12060); THENCE SOUTr!EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23° 51' 3~", A DISTANCE OF 3~6.47 FEET (RECORD: D = 23° SO' oa", L = 3~6.~6 _EET RECORD OF SURVEY ~0945); THENCE NON-TANGENT TO SAID CURVE SOUTH 77° 52' 1.1" EAST, 39.34 FEET (RECORD: SOUTH 77° 54' 21" EAST, 39.34 FEET, RECORD OF SURVEY ~0945) TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO UNITED ENTERPRISES; VISTA HILL FOUNDATION, RECORDED: MAya, ~986, AS FILE PAGE 86-~82768 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY AND SOUTHERLY PROPERTY LINES OF SAID LAND, SOUTH ao 46' 40" '~ST, 379.77 FEET (RECORD: SOUTH ao 46' ~5" WEST, 379.66 FEET, RECORD OF SURVEY ~0945) TO THE SOUTHWESTERLY CORNER OF SAID LAND; THENCE ALONG THE SOUTHERLY LINE, NORTH 72 ° ~~' 0211 EAST, 5~6.~2 FEET (RECORD: NORTH 72° ~O' 40" EAST, 5~6.09 FEET, RECORD OF SURVEY ~0945), TO THE EAST LINE OF 'ri'.1': WEST HALF OF SAID QUARTER SECTION 67; THENCE ALONG SAID EAST LINE, SOUTH ~7° 52' 33" EAST, 66~.25 FEET, TO THE SOUTHWESTERLY CORNER OF PARCEL MAP 8905, BEING THE SOUTHWEST CORNER OF NORTHWEST QUARTER OF THE SO~-AST QUARTER OF SAID QUARTER SECTION 67; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER, NORTH 72° 09' 18" EAST, B~7.29 FEET, (RECORD: NORTH 72° 09' 23" EAST, ~3~7.3~ FEET, RECORD OF SURVEY ~0945) TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF Th."E SOUTHEAST QUARTER OF SAID QUARTER SECTION 67; THENCE ALONG 'rrlE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID QUARTER SECTION 64, NORTH 72° 09' 5311 EAST, 658.94 FEET (RECORD: NORTH 72 ° 09' 3911 EAST, 65a.a3 FEET, RECORD OF SURVEY ~0945), TO THE NORTHEAST CORNER OF 'rrlE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID QUARTER SECTION 64 THENCE NORTH ~7° 52' 50" WEST, 661.02 FEET (RECORD: NORTH ~7° 53' 07" WEST, 661.03 FEET, RECORD OF SURVEY 10945), TO THE NOR:·,·EAST CORNER OF ~~ NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID QUARTER 5~CTION 64; THENCE SOUTH 72° 08' 55" WEST, 658.96 FEET (RECORD: SOUTH 72° 08' 31" WEST, 658.89 FEET, RECORD OF SURVEY 10945) TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID QUARTER SECTION 64; THENCE NORTH 17° 52' 57" WEST, 1316.82 FEET (RECORD: NORTH 17° 53' 2211 WEST, B16.78 FEET, RECORD OF SURVEY ~0945) TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF QUARTER SECTION 67 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN T.~ OFFICE OF THE COUNTY RECORDER, MAY 1~, 1a69, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT 'rrlE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTHWESTERLY ALONG THE NOR'rrlERLY LINE OF SAID SECTION, SOUTH 72° 12' 26" WEST (SOUTH 72° 11' (jß~/ 3 . ~... ,..".--. -----~-"-----_.__._-,,-,. ·/0<'.< '0' """ U52 DESCRIPTION 31" WEST, RECOP~ OF SURVEY 10945) , 1317.06 FEET TO THE NORTH QUARTER CORNER OF SAID QUARTER SECTION; THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID QUARTER SECTION, SOUTH 17° 52' 33" EAST (SOUTH 17° 53' 14" EAST, RECORD OF SURVEY 10945), 659_46 FEET, TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID QUARTER SECTION,' BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE, SOUTH 17° 52' 33" EAST, 330.74 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF MEDIÇAL CENTER COURT, , , AS SHOWN ON SAID RECORD OF SURVEY; THENCE SOUTHWESTERLY ALONG SAID NORTH LINE, SOUTH 72° 10" 57" WEST, 45.06 FEET (SOUTH 72° 10' 32" WEST, 44.79 FEET; RECORD OF SURVEY 10945), TO THE BEGINNING OF A TANGENT 472.50 FOOT RADIUS CURVE," .'- CONCAVE NORTHWESTERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 26° 33' 28" A DISTANCE OF 219.01 FEET, 'TO A POINT OF COMPOUND CURVATURE WITH A 22.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY, HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 8° 44' 25" WEST (SOUTH 8,° 46' 15" WEST, RECORD OF SURVEY 10945); THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 86 ° 44' 56", A DISTANCE OF 34.07 FEET, TO THE BEGINNING OF A REVERSE 840.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 84° 30' 39" EAST (SOUTH 84° 33' 09" EAST, RECORD OF SURVEY 10945); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 17° 48' 07", A DISTANCE OF 260.99 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTh'WEST QUARTER; THENCE NORTHEASTERLY ALONG SAID NORTH LINE, NORTH 72 ° 09' 27" EAST, 201.91,FEET (NORTH 72° 10' 59" EAST, 202.09 FEET, RECORD OF SURVEY 10945), TO THE TRUE POINT OF BEGINNING. IJ?J ~5 . 4 ~,.-.._.._._-----~. EXHIBIT "B" , CHULA VISTA TRACT 90-07. SUNBOW II, UNIT 1 & 2 Public Improvements Labor and Material Faithful Performance Drawings Number Telegraph Canyon Road $ 1,035,000.00 $ 1,035,000.00 97-363 to 97-376 Poggi Canyon Trunk Sewer $ 904,500.00 . $ 904,500.00 97-344 to 97-362 Major infrastructures $ 1,738,000.0 $ 1,738,000.0 97-316 to 97-334 ?ß---;¿; ..-..,.... .........---.---.---.-.....-- RESOLUTION NO. /y¿¿~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING AGREEMENT RELATED TO SUNBOW II AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT WHEREAS, one condition of approval for the Tentative Subdivision Map required that the developer enter into an agreement with the City to guarantee the construction and delivery of low and moderate income units in a timely manner; and WHEREAS, to comply with the above mentioned condition, the applicant, A.C.!. Sunbow LLC, has prepared an Affordable Housing Agreement for the Sunbow II Planned Community for Council's consideration and approval. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve an Affordable Housing Agreement related to Sunbow II, a copy of which is on file in the office of the City Clerk as Document No. . BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the city of Chula vista. Presented by Approved as to form by ~(;.¿~ -~~ John P. Lippitt, Director of Jo . . Kaheny I ci ty tt rne Public Works C:\rs\sunbow.II ~C-/ __'w.'_," -.---. ._--~-.--..._.-'--------..-..- Recording Requested by: ) ) CITY CLERK ) ) When Recorded, Mail to: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula vista, CA 91910 ) ) ------------------------------------------------------------------ AFFORDABLE HOUSING AGREEMENT This Affordable Housing Agreement ("Agreement" ) is made as of , 199 , by and between the A.C.r. Sunbow, LLC, a California Limited-Liability Company ("Developer"), and the City of Chula Vista, a California municipal corporation ("city") , with reference to the following facts: A. The city of Chula vista Housing Element established the City's "Affordable Housing Policy" which requires 10% of each housing development of 50 or more units to be affordable to low and moderate income households, with at least one half of those units (5% of project total units) being designated for low income households_ (The Chula vista Housing Element of the General Plan, Page 111-4.) B. Developer owns 602 acres of that certain real property, as shown on Exhibit "A", and located in the portion of the City of Chula vista (referred to herein as "project"). The Project is more particularly described in Exhibit "B" (Legal Description) which is attached hereto and incorporated herein by this reference. C. On 12/5/89, the City approved a General Development Plan for the Project, by Resolution Number 15427, which required compliance with the City's Housing Element of the General Plan. On 12/5/89, the City approved Ordinance No. 2346 adopting PCZ-87-E, PC District Regulations, Sunbow II Sectional Planning Area Plan-Planned Community District Regulations. D. On 2/20/90, the City approved the Sunbow II sectional Planning Area (SPA) Plan for the Project by Resolution Number 15'524. E. On 5/22/90, the City approved the Sunbow II Tentative Subdivision Map, Chula vista Tract 90-07, by Resolution Number 15640 ("Project Tentative Map") and Resolution No. 17177. Condition number 84 of the Project's Tentative Map rêquires that Developer enter into an affordable housing agreement. ~C --;2.. -..-.... -- -- ._------ ---_._._~. ......---.... ...._._-~------_.- NOW THEREFORE, in consideration of the mutual promises described herein, the parties agree as follows: 1. Definitions. Unless otherwise indicated, for purposes of this Agreement, the following terms shall mean: a. "low income housing" means housing for a household of persons who claim primary residency at the same unit with combined incomes that do not exceed 80% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as thèir primary residency. HUD regulation 24CFR 813.106, as may be amended from time to time, shall be used to calculate income. b. "moderate income housing" means housing for a household of persons who claim primary residency at the same unit with combined incomes between 80% and 120% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as their primary residency. HUD regulation 24CFR 813_106, as may be amended from time to time, shall be used to calculate income. The range of income levels described in the above defined terms may change from time to time in accordance with changes to state and federal laws. c. "Developer's obligation" means that the Developer is obligated to provide 10% of the total number of residential units constructed within the Project as low and moderate income housing, with at least 5% consisting of low income housing units. 2. Duty to Build. Developer shall construct the total number of low and moderate income housing units required by the Project in accordance with the following: a. Moderate income housing units. In order to satisfy Developer's Obligation with regard to moderate income housing, Developer agrees to construct five percent of the total number of the Project's residential units as moderate income housing units. Developer shall complete construction of the moderate income housing units in accordance with the attached construction schedule, Exhibit C hereto. Developer shall provide the City a biannual report documenting the progress Developer has made toward meeting Developer's Obligation for moderate income housing. b. Low income housing units. In order to satisfy Developer's Obligation with regard to low income housing, Developer agrees to construct low income housing units equal to at least five percent of the total number of the Project's residential units. - Developer 2 fjC-3 - -....._--_."...._--,-~.- .._-...-.,-.-~--~---.-- shall commence construction of 70% of the total number of qualified low income housing units required by the Project, on or before the issuance by the City of the 718th building permit for the Project ("Initial Phase"). Developer shall thereafter diligently pursue completion of construction of the Initial Phase with construction of the Initial Phase to be completed no later than one year from the date of commencement of construction of said units. Thereafter, Developer shall commence construction of the remaining number of qualified low income housing units required by the Project, on or before the City's issuance of the 1301st building permit for the Project ("Remaining Phase"). Developer shall diligently pursue completion of construction of the Remaining Phase with construction of the Remaining Phase to be completed no later than one year from the date of commencement of construction of said units. Commencement of construction shall mean that a first inspection has been completed by the city on the first low income housing unit Developer is obligated to build in a particular Phase. c. completion of construction. For purposes of paragraph 2(a) and 2(b) of this Agreement, construction shall be considered completed when final inspection of the low or moderate housing unit has been completed and occupancy and utility clearances have been signed off by the City. d. Minor delays. The thresholds described herein for commencing construction of low and moderate income housing units are based upon the current phasing proposals for the Project as shown on the Tentative Map. City and Developer acknowledge that changes to the Project may be required from time to time which could have a minor or insubstantial impact on the timing of construction of the low or moderate income housing units. Accordingly, changes to the Project that could result in a delay of less than six months in the construction of such units may, in the City's sole discretion, be considered minor or insubstantial by the City's Community Development Director and made without amendment to this Agreement. All other changes shall require a written amendment to this Agreement. 3. Duty to identify. Developer shall construct the affordable housing units at the site(s) as identified on Exhibit HC". 4. Demand to Build. Notwithstanding the provisions of paragraph 2 of this Agreement, if the city reasonably believes that the Developer will not reach the building permit thresholds described in paragraph 2 (which would trigger the construction of thê low income housing units) or not complete construction of the moderate income housing units, the city shall have the right to demand that Developer construct a proportional amount of low and/or moderate income housing units relative to the total number of residential building permits that have been issued for the Project. The City shall provide the Developer with the written demand to 3 [šC-Þj ..... _.. __ __.__-.-___ _n _________ construct the units within .a reasonable period of time for the Developer to commence construction of said units. Developer sha.ll complete construction of the low and/or moderate income housing units, as required by this paragraph, within one year of the commencement of construction of the units so demanded. The duty contained in this paragraph is non-cumulative to the duty in paragraph 2 with the city providing the Developer with the appropriate amount of credit for completed construction. 5. Right to withhold Permits. The City has the absolute and unfettered right to withhold the issuance of any building permit for any residential development within the Project if the Developer is not in compliance with the terms and/or obligations of this Agreement, excluding paragraph 6 of this Agreement. 6. Development Permits, Maps and Documents. Developer shall at its sole expense, prepare and diligently process all permits, agreements, plans, maps, affordability strategy and other documents, including but not limited to, market strategy plans, design development plan, and any amendments to the proj ect' s General Development Plan and sectional Planning Area Plan that may be necessary to meet the Developer's obligation. In order to assist the Developer in meeting Developer's Obligation, attached hereto as Exhibit "C" is a recommended program of when such documents should be completed. 7. Subordination and Notice. a. Subordination. Developer agrees to enter into subordination agreements with all lienholders having any interest in the Project to ensure that the provisions of this Agreement bind such lienholders should they take title to all or part of the property through quitclaim deed, sale, foreclosure or any other means of transfer of property. Developer shall deliver to the City the fully executed subordination agreements in a form acceptable to the city Attorney and suitable for recording on or before the issuance of the first building permit for the Project. b. Notice. Developer shall provide written notice of the terms of this Agreement (which could be a copy of this Agreement) to all purchasers and potential purchasers of real property within the Project, excluding however, a buyer of an individual housing unit. 8. General Provisions. - a. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable it to enter into this Agreement. 4 %C--3 __"+_.__ __ _._,..~._..,...____,.._..._._..._.__ _..._._u_ b. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which together will constitute one instrument. c. Applicable Law. This Agreement will be construed and enforced in accordance with the laws of the state of California. d. Successors. All terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective administrators or executors, successors and assigns. e. Modifications. No modification, waiver or discharge of this Agreement will be valid unless the same is in writing and signed by the parties to this Agreement. f. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. g. Attorney's fees and costs. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. h. Exhibits. All exhibits referred to in this Agreement are attached, and are a part of, this Agreement. i. captions. captions in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement. j. Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of San Diego. k. No Third party Beneficiary. No claim as a third- party beneficiary under this Agreement by any person, corporation or any other entity, shall be made or be valid against City or Developer. 1- Incorporation of Recitals. The recitals set forth herein are part of this Agreement. m. Assignment. The obligations of the Developer under this Agreement shall not assigned in whole or apart, without the express written consent of the City. 5 ?G~? ___w _._-----~-- -"-_.__.."-_._..~_.__..._.- SIGNATURE PAGE TO AFFORDABLE HOUSING AGREEMENT IN WITNESS WHEREOF, City and Developer have executed this Agreement this day of , 199 . - CITY OF CHULA VISTA A.C.I. SUNBOW, LLC, a California Limited Liability Company shirley Horton By: AYRES LAND COMPANY, INC. , Mayor a California corporation, its Manager Attest: By: /tUrL Keith J. Horne President Beverly Authelet City Clerk Approved as to form by rJim5)rl~t7 ~~~ cj( Attorney Approved as to form by {4L 12- e-Z¿ Charles R. Gill Hecht, solberg, Robinson, Goldberg, LLP Attorney for Developer . M:\Home\Attorney\Housing.sun 6 8'"C-? . ---..-.-.-. _.'_"'U' ~-,-_....._.--.,.__._---_.__..- -- -.--,-.--.--.---.--,-----"-.-----.-.-- EXHIBIT A Sun bow II @ NOT TO SCAlE L-.______.....--c- C>HroH "''''' -- Village 1 = \ -~ ) \ J """-'C£ VS' - . PROPOSED LOW INCOME SITES Village 13 Village 17 ¥il8.ge 19 . Industrial . PROPOSED MODERATE INCOME SITES . Village 12 Village 13 Village 14 g-C-r Village 17 ..._.....__.......... _._._·...M._ ___..,...__._~~_ EXHIBIT B P¿I!.!l· DESCRIPTION 1 PARCEL 1: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 67, THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE EAST HALF' OF THE SOUTHEAST QUARTER OF QUARTER SECTION 90 AND THE EAST HALF OF THE EAST HALF OF FRACTIONAL QUARTER SECTION 91, ALL OF RANCHO DE LA MCION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE OFFIéE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 11, 1869. EXCEPTING THEREFROM THAT PORTION OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID QUARTER SECTION 67 LYING WITHIN THE LAND 'BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EASTERLY HALF OF SAID QUARTER SECTION 67 DISTANT THEREON SOUTH 17° 53' 14" EAST 990.00 FEET FROM THE NORTHERLY LINE OF SAID QUARTER SECTION 67; THENCE SOUTH 72° 10' 46" WEST 44.82 FEET TO THE BEGINNING OF A TANGENT 472.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2 GO 35' 43" 219.32 FEET TO THE BEGINNING OF A COMPOUND 22.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86° 40' 36" 34.04 FEET TO A POINT ON A 840.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, THE CENTER OF WHICH BEARS NORTH 84° 32' 55" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21" 0 6 ' 05" 309.36 FEET; THENCE TANGENT TO SAID CURVE NORTH 15° 39' 00" WEST 445.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6 0 ° 0 8 ' 00" 797.64 FEET; THENCE TANGENT TO SAID CURVE NORTH 4 4 ° 2 9 ' 00" EAST 250.00 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 13' 06" 267.10 FEET; THENCE TANGENT TO SAID CURVE NORTH 26° 15' 54" EAST 98.00 FEET TO THE BEGINNING OF A TANGENT 22.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID aJRVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" 34 _ 56 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF TELEGRAPH CANYON ROAD (R.S. 1086) SAID POINT BEARS SOUTH 26° 15' 54" WEST 30.00 FEET FROM STATION 117 + 84.77 ON SAID R.S. 1086; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 63° 44' 06" WEST (SHOWN AS SOUTH 64° 08' 30" EAST ON SAID R.S. 1086), 124.00 FEET TO THE BEGINNING OF A NON-TANGENT 22.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 26° 15' 5411 WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" 34.56 FEET; THENCE TANGENT TO SAID CURVE SOUTH 26° 15' 54" WEST 98.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18 ° 13' 06" 241.66 FEET; THENCE TANGENT TO SAID CURVE SOUTH 44° 29' 00 WEST 250.00 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 08' 00" 881_60 FEET; THENCE TANGENT TO SAID CURVE SOUTH 15° 39' 00''' EAST 445.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27° 44' 53" 368.06 FEET; THENCE ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE SOUTH 77° 54' 07" EAST 80.00 FEET TO THE BEGINNING OF A NON-TANGENT 22.50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THE CENTER OF WHICH BEARS SOUTH 77~ 54' 07" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86° 40' 36" 34.04 FEET TO THE BEGINNING OF A REVERSE 527.50 FOOT RADIUS CURVE; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 35' 43" 244.85 FEET; THENCE TANGENT TO SAID eINUE;:'~G 03'<õ::- '!?:;."~ F'C-c¡ .-'.".-..-.. ---.-.-.---.,. . _'_n" _.."___._'...._.n Pag.: 2 DESCRIPTION CURVE NORTH 72° 10' 46" EAST 44.88 FEET TO SAID WESTERLY LINE OF THE EASTERLY HALF OF QUARTER SECTION 67; THENCE ALONG SAID WESTERLY.LINE NORTH 17° 53' 14" WEST 55.00 FEET TO THE POINT OF BEGINNING. PARCEL 2: THE WEST HALF OF THE NORTHWEST QUARTER; THE SOUTHWEST QUARTER OF THJi: SOUTHWEST QUARTER; THE EAST HALF OF THE WEST HALF; AND THE WEST HALF OF THE EAST HALF OF QUARTER SECTION 64 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 MADE BY MORRILL ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, LYING SOUTHERLY OF THE CENTER LINE OF TELEGRAPH CANYON ROAD 60.00 FEET WIDE, AS GRANTED TO THE COUNTY OF SAN DIEGO IN DEED RECORDED DECEMBER 8, 1961 AS FILE NO. 213092 OF OFFICI~ RECORDS. EXCEPTING THEREFROM THAT PORTION LYING WITHIN TELEGRAPH CANYON ROAD AS DESCRIBED IN PARCEL NO. 66141-A IN DEED RECORDED APRIL 18, 1967 AS FILE NO. 53304 OF OFFICIAL RECORDS. PARCEL 3: LOT 2 OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP.1S SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. PARCEL 4: THE FOLLOWING DESCRIBED PROPERTY IN TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF APPROVED SEPTEMBER 11, 1879; FRACTIONAL LOTS 1 AND 2 IN SECTION 17; FRACTIONAL LOTS 1 AND 3 AND SOUTH HALF OF NORTHEAST QUARTER OF SECTION 18. PARCEL 5: THE SOUTH HALF OF SOUTHWEST QUARTER, THE NORTHEAST QUARTER OF SOUTHWEST QUARTER, AND THE SOUTHWEST QUARTER OF SOUTHEAST QUARTER OF QUARTER SECTION 67; ALL BEING IN THE RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 BY MORRILL, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. . PARCEL 6: THAT PORTION OF QUARTER SECTION 65 OF THE RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 MADE BY MORRILL, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAÏD SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: e¡NDE~U;·GJ ""30 _9:;·;'( %"C- /t? _."..~_._- -_._-_...,-,----~---"--._- _._._"-",,- Pa!!-l" DESCRIPTION 3 BEGINNING AT THE SOUTHWEST CORNER OF SAID QUARTER SECTION 65, AND ON THE SOUTHERLY LINE OF THE RANCHO DE LA NACION; RUNNING THENCE NORTH 18° 51' WEST 1568.7 FEET ALONG THE WESTERLY LINE OF SAID QUARTER SECTION 65 TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 71° 14' EAST 1320.7 FEET MORE OR LESS ALONG THE NORTHERLY LINE OF SAID QUARTER SECTION 65 TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID QUARTER SECTION 65; THENCE SOUTH 18° 57' EAST 1563.5 FEET ALONG THE EASTERLY LINE OF SAID WEST HALF OF QUARTER SECTION 65 TO THE SOUTHEAST CORNER OF SAID WEST HALF OF SAID QUARTER SECTION; THENCE SOUTH 71° 00' WEST 1323.4 FEET ALONG THE SAID SOUTHERLY LINE OF RANCHO DE LA NACION TO THE PLACE OF BEGINNING. TOGETHER WITH A PORTION OF QUARTER SECTION 65, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF QUARTER SECTION 65 AND RUNNING THENCE NORTH 71Q 14' EAST 660.65 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION 65; THENCE SOUTH 18° 53' 30" EAST 660 FEET; THENCE SOUTH 71" 14' WEST 659.87 FEET TO THE WEST LINE OF THE EAST HALF OF SAID QUARTER SECTION 65; THENCE NORTH 18° 57' WEST 660.00 FEET ALONG THE SAID WEST LINE OF THE EAST HALF OF QUARTER SECTION 65 TO THE PLACE OF BEGINNING_ PARCEL 7: THE SOUTHEAST QUARTER OF NORTHWEST QUARTER; SOUTH HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER; NORTHWEST QUARTER OF SOUTHWEST QUARTER OF QUARTER SECTION 67, BEING IN RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166. EXCEPTING THEREFROM THAT PORTION OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID QUARTER SECTION 67 LYING WITHIN THE LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EASTERLY HALF OF SAID QUARTER SECTION 67 DISTANT THEREON SOUTH 17° 53' 14" EAST 990.00 FEET FROM THE NORTHERLY LINE OF SAID QUARTER SECTION 67; THENCE SOUTH 72° 10' 46" WEST 44.82 FEET-TO THE BEGINNING OF A TANGENT 472.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 35' 43" 219.32 FEET TO THE BEGINNING OF A COMPOUND 22.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86° 40' 36" 34.04 FEET TO A POINT ON A 840.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, THE CENTER OF WHICH BEARS NORTH 84° 32' 55" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 ° 0 6 ' 05" 309.36 FEET; THENCE TANGENT TO SAID CURVE NORTH 15° 39' 00" WEST 445.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 08' 00" 797.64 FEET; THENCE-TANGENT TO SAID CURVE NORTH 44° 29' 00" EAST 250.00 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18 ° 13' 06" 267.10 FEET; THENCE TANGENT TO SAID CURVE NORTH 26° 15' 54" EAST 98.00 FEET TO THE BEGINNING OF A TANGENT 22.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" 34.56 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF TELEGRAPH CANYON ROAD (R.S. 1086) SAID POINT BEARS SOUTH 26° 15' 54" WEST 30_00 FEET FROM STATION 117 + 84.77 ON SAID R.S. 1086; THENCE ALONG SAID SOUTHERLY 81o,¡OERlG G3.-"30/93·I,,:: fÇC- / I ...- .._-"---_.._--- P;¡gl' DESCRIPTION 4 RIGHT OF WAY LINE NORTH 63° 44' 06" WEST (SHOWN AS SOUTH 64° 08' 30" EAST ON SAID R.S. 1086) , 124.00 FEET TO THE BEGINNING OF A NON-TANGENT 22.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 26° IS' 54" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE' OF 90° 00' 00" 34.56 FEET; THENCE TANGENT TO SAID CURVE SOUTH 26~ IS' 54" WEST 98.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 13' 06" 241.66 FEET; THENÇE TANGENT TO SAID CURVE SOUTH 44° 29' 00 WEST 250.00 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 08' 00" 881.60 FEET; THENCE TANGENT TO SAID CURVE SOUTH IS° 39' 00" EAST 445.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27° 44' 53" 3 68.06 FEET; THENCE ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE SOUTH 77° 54' 07" EAST 80.00 FEET TO THE BEGINNING OF A NON-TANGENT 22.50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THE CENTER OF WHICH BEARS SOUTH 77° 54' 07" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86° 40' 36" 34.04 FEET TO THE BEGINNING OF A REVERSE 527.50 FOOT RADIUS CURVE; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 35' 43" 244.85 FEET; THENCE TANGENT TO SAID CURVE NORTH 72° 10' 46" EAST 44.88 FEET TO SAID WESTERLY LINE OF THE EASTERLY HALF OF QUARTER SECTION 67; THENCE ALONG SAID WESTERLY LINE NORTH 17° 53' 14" WEST 55.00 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 67 LYING WITHIN THE LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF THE EAST HALF OF SAID QUARTER SECTION 67 DISTANT THEREON 990.00 FEET FROM THE NORTHERLY LINE OF SAID QUARTER SECTION 67; THENCE SOUTH 17° 53' 14" EAST 55.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHERLY RIGHT OF WAY BOUNDARY OF A ROAD KNOWN AS MEDICAL CENTER COURT (FORMERLY DORA LANE) AS SAID SOUTHERLY BOUNDARY IS DESCRIBED IN DEED TO THE CITY OF CHULA VISTA RECORDED APRIL 16, 1973 AS FILE NO. 73-099786 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE PROCEEDING ALONG SAID SOUTHERLY BOUNDARY OF SAID RIGHT OF WAY SOUTH 72° 10' 46" WEST 44.88 FEET TO THE BEGINNING OF A TANGENT 527.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE CONTINUING ON SAID SOUTHERLY BOUNDARY OF SAID RIGHT OF WAY WESTERLY ALONG AN ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 35' 4311 A DISTANCE OF 244.85 FEET TO THE BEGINNING OF A REVERSE 22.50 FOOT RADIUS ÇURVE; THENCE WESTERLY AND SOUTHERLY ALONG AN ARC OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 86° 40' 36" A DISTANCE OF 34.04 FEET; THENCE LEAVING SAID ARC OF SAID REVERSE CURVE IN A RADIAL DIRECTION NORTH 77° 54' 07" WEST 40.66 FEET; THENCE SOUTH 80 46' 29" WEST 379.93 FEET TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID QUARTER SECTION 67, THE INSTANT COURSE BEING 2.00 FEET WESTERLY OF A LINE THAT IS TANGENT TO THE CENTER LINE OF A ROAD KNOWN AS MEDICAL CENTER DRIVE (FORMERLY BRANDYWINE AVENUE) AT THE INTERSECTION OF SAID CENTER LINE AND THE CENTER LINE OF SAID MEDICAL CENTER COURT; THENCE ALONG SAID SOUTHERLY LINE NORTH 72° 10' 24" EAST 516.25 FEET TO THE WESTERLY LINE OF THE EAST HALF OF SAID QUARTER SECTION 67; THENCE ALONG SAID WESTERLY LINE NORTH 17° 53' 14" WEST 272.48 FEET TO THE TRUE POINT OF BEGINNING, AS GRANTED TO VISTA HILL FOUNDATION, A CALIFORNIA NON-PROFIT CORPORATION, IN DEED RECORDED MAY 5, 1986 AS FILE NO. 86-176742 OF OFFICIAL RECORDS. PARCEL 8: el!\;DE¡:'~""".<'.' 3D. S3i'~ IrC> /.2 ._-~ -- ..-."<--....- ,. --. -_.__._~-----~_. Pagt.· DESCRIPTION 5 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 BY MORRILL, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; CALIFORNIA, DESCRIBED AS FOLLOWS: 1. FRACTIONAL QUARTER SECTION 66; 2. QUARTER SECTION 68 EXCEPT THE WEST HALF OF THE NORTHWEST QUARTER THEREOF; TOGETHER WITH THAT PORTION OF TELEGRAPH CANYON ROAD AS VACATED TO PUBLIC USE BY RESOLUTION 9819. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE NORTHERLY LINE OF TELEGRAPH CANYON ROAD AS GRANTED TO THE COUNTY OF SAN DIEGO IN DEED RECORDED DECEMBER 8, 1961 AS FILE NO. 213092 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION LYING WITHIN TELEGRAPH CANYON ROAD AS DESCRIBED IN DEED RECORDED APRIL 18, 1967 AS FILE NO. 53304 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION LYING WITHIN MAP 8723. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID QUARTER SECTION 68 LYING WITHIN THE LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EASTERLY HALF OF SAID QtJARTER SECTION 67 DISTANT THEREON SOUTH 17° 53' 14" EAST 990.00 FEET FROM THE NORTHERLY LINE OF QUARTER SECTION 67 OF SAID RANCHO DE LA NACION; THENCE SOUTH 72 ° 10' 46" WEST 44.82 FEET TO THE BEGINNING OF A TANGENT 472.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 35' 43" 219.32 FEET TO THE BEGINNING OF A COMPOUND 22.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86° 40' 36" 34.04 FEET TO A POINT ON A 840.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, THE CENTER OF WHICH BEARS NORTH 84 ° 32' 55" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21° 06' 05" 3 0 9 . 3 6 FEET; THENCE TANGENT TO SAID CURVE NORTH 15 ° 39' 00" WEST 445.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 08' 00" 797.64 FEET; THENCE TANGENT TO SAID CURVE NORTH 44° 29' 00" EAST 250.00 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18 ° 13' 06" 267.10 FEET; THENCE TANGENT TO SAID CURVE NORTH 26° IS' 54" EAST 98.00 FEET TO THE BEGINNING OF A TANGENT 22.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG.THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" 34.56 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF TELEGRAPH CANYON ROAD (R.S. 1086) SAID pOINT BEARS SOUTH 26° 15' 54" WEST 30.00 FEET FROM STATION 117 + 84.77 ON SAID R.S. 1086; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 63° 44' 06" WEST (SHOWN AS SOUTH 64° 08' 30" EAST ON SAID R.S. 1086), 124.00 FEET TO THE BEGINNING OF A NON-TANGENT 22.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENtER Of WHICH BEARS SOUTH 26° IS' 54" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" 34.56 FEET; THENCE TANGENT TO SAID CURVE SOUTH 26° IS' 54" WEST 8iNDERlG·03.'30,.'93-(rc Õ"C - /.J ..--,-.---..- ------~_.-- . ".._--~-,--.---,---~-- PagL' 6 DESCRIPTION 98.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 13' 06" 241.66 FEET THENCE TANGENT TO SAID CURVE SOUTH 44° 29' 00" WEST 250.00 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 08' 00 ,,' 881.60 FEET; THENCE TANGENT TO SAID CURVE SOUTH 15° 39' 00" EAST 445.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27° 44' 53" 368.06 FEET, THENCE ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE SOUTH 77° 54' 07" EAST 80.00 FEET TO THE BEGINNING OF A NON-TANGENT 22.50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THE CENTER OF WHICH BEARS SOUTH 77° 54' 07" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86° 40' 36" 34.04 FEET TO THE BEGINNING OF A REVERSE 527.50 FOOT RADIUS CURVE, THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 35' 43" 244.85 FEET, THENCE TANGENT TO SAID CURVE NORTH 72° 10' 46" EAST 44.88 FEET TO SAID WESTERLY LINE OF THE EASTERLY HALF OF QUARTER SECTION 67; THENCE ALONG SAID WESTERLY LINE NORTH 17° 53' 14" WEST 55.00 FEET TO THE POINT OF BEGINNING. PARCEL 9, THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF QUARTER SECTION 67 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL MAP THEREOF NO. 166, BY MORRILL ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. PARCEL 10: THE NORTH ONE-HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 67, RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 166 BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. EXCEPTING FROM ALL THE PARCELS ABOVE THAT PORTION OF SAID LAND, AS SHOWN IN PARTIAL RECONVEYANCE RECORDED MAY 31, 1988 AS FILE NO. 88-254202, OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, PARCELS 1 THROUGH 4 OF PARCEL MAP NO. 14967, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 10, 1987 AS FILE NO. 87-514967 OF OFFICIAL RECORDS. . I5C-/f _.-,,-.- . ... ____..''.._____"__..m..__m_''______ EXIllBIT C PROGRAM FOR THE PROVISION OF AFFORDABLE HOUSING , WITIllN SUNBOW II Approved by the Chula Vista City Council Resolution , 1997 Prepared For: The City of Chula Vista . : 065/015712-0002/3014078.3 aQ4/14/97 (SUNBOW II) ?'C.--/~ - -- -----.-.....------....-----. TABLE OF CONTENTS Page I. INTRODUCTION . . . _ _ . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 1 n. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ _ _ . . . . . . _ . . 2 , m. CITY OF CHULA VISTA INCLUSIONARY HOUSING NEEDS ....... . 3 IV. SUNBOW IT AFFORDABLE HOUSING PROGRAM . . . . . . . . . . . . . . . . 3 A. LOW INCOME HOUSING ....... . . . : . . . . . . . . . . : . . . . . . 3 1. Requirements .... ..... . . ................. ..... 3 2. Site Selection Criteria ............................ 4 3. Low Income Housing Sites. . . ...................... 4 4. Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5. Implementation Schedule · . . . ..... ........... ..... . 5 B. MODERATE INCOME HOUSING . . . . . . . . . . . . . . . . . . . . . . . 6 1. Moderate Income Housing Requirements . . . . . . . . . . . . . . . . . 6 2. Moderate Income Housing Sites . . . . . . . . . . . . . . . . . . . . . . 6 3. Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4. Implementation Schedule · . . . . . . . . . . .... . . . . ....... 7 C. SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS. . . . . 7 D. COMPLIANCE REPORTING · . . .. ........ ....... . . . ... 8 1. Rental Units' Compliance Packet and Audit . . . . . . . . . . . . . . . 8 2. Home Ownership Units' Compliance Packet . . . . . . . . . . . . .. 10 E. AFFIRMATIVE MARKETING PLAN . . . . . . . . . . . . . . . . . . . . . 11 V. EXHffiITS - Exhibit 1 Low and Moderate Income Sites Exhibit 2 Supplemental Rental Application Exhibit 3 Semi-Annual Report Exhibit 4 Homebuyer's Qualifying Form Exhibit 5 Affirmative Marketing Plan - . 065/015712-ûOO2J3014078.3 a04/14/97 (SUNBQW II) g-C---/~ -_._,_.__._.,--~_._..__._._.._,-_._-- I. INTRODUCTION The City of Chula vista ("city"), along with all other cities in california, is required by state law to have a Housing Element as a component of its General Plan. The Housing Element describes the housing needs of the community and the responses necessary to fulfill them.. The City of Chula vista Housing Element of 1991 contains numerous objectives, policies and related action programs to accomplish these objectives. Key among these is the affordable housing policy which requires that residential development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling units for low and moderate income households, one half of these units (5% of the total project) being designated to low income and the remaining five percent to moderate income households. In order to guarantee the provision of Affordable Housing opportunities, the City requires that a specific Affordable Housing Program ("AHP") and agreement be consistent with the Housing Element of the Chula vista General Plan and be prepared and signed by the Developer. This Affordable Housing Program is intended to delineate how, when and where the units would be provided, intended subsidies, income rent restrictions and methods to verify compliance. The Sunbow II Affordable Housing Program is consistent with the city's affordable housing policies and is expected to be completed in two phases. The Initial Phase consists of a total of 1,435 units with the provision of sixty eight (68) low income and sixty eight (68) moderate income housing units. The Remaining Phase consists of a total of 511 units with the provision of twenty nine (29) low income and twenty nine (29) moderate income housing units will be provided. All low income housing units (97) would be located within the inner circle of the planned community within an area identified in the Sunbow II Development Phasing Plan as Neighborhood unit Nos. 13 and 17. The moderate income housing would be located within neighborhoods 12, 13, 14, or 17 (see Exhibit 1). Construction of sixty eight (68) low income housing units in the Initial Phase is expected to begin before the issuance of the 718th building permit. Construction of sixty eight (68) moderate income housing units in the Initial Phase is expected to begin before the issuance of the 741st building permit. - Construction of twenty nine (29) low income housing units in the Remaining Phase is expected to start prior to the issuance of the 1,301st building permit. Construction of twenty nine (29) moderate income housing units in the Remaining Phase is expected to start prior to the issuance of the 1,O_Olst. (See the section entitled "Implementation Schedule" in this program) . -1- 065/015712-000213014078.3 004117/97 8' C _ /7 (SUNBOW II) __,._.___.,..__ __.____, ...._.._...._. ..'., m.______·,....._ _ ____._____.~,. II. DEFINITIONS affirmative marketing plan - An outline that details actions the Developer will take to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, sex, sexual orientation, marital status, familiar status, color, religion, national origin, ancestry, handicap, age, or any other category which may be defined by law now or in the future. affordable rental rate - The rent to be chargea to a low income household shall not exceed the Fair Market Rents (FMR's) set by HOD on an annual basis based on the number of bedrooms within the unit. It includes shelter rent and the cost of utilities, except telephones. HOD sets the FMR's at the 40th percentile distribution of standard quality rental housing units. The 40th percentile rent is drawn from the distribution of rents of units which are occupied by recent movers (renter households who moved into their units within the past 15 months) . Usage of FMR's assures each household pays equal Proportionate share of rent. There are no minimum rent requirements. The Fiscal Year 1997 FMR's are as follows: Metropolitan Statistical Area EFF 1-bd 2-bd 3-bd 4-bd San Diego, CA $477 $545 $682 $947 $1,118 low income household - A household of persons who claim primary residency at the same unit with combined incomes that do not exceed 80% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as their primary residency. For the purpose of calculating income, HOD regulation 24CFR 813.106 provides the guidelines to be used as presently set forth and amended from time to time. moderate income household - A household of persons who claim primary residency at the same unit with combined incomes between 80% to 120% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as their primary residency. For the purpose of calculating income, HOD regulation 24CFR 813.106 provide the guidelines to . be used as presently set forth and amended from time to time. Qualified Term - That length of time the rental unit must remain affordable to low income households. San Diego median income - The San Diego CountY'~-area median income level as determined from time to time by the Department -2- 065/015712-000213014078.3 aQ4/14/97 (SUNBOW II) z-c-/r -------.--" ---..---------------. of Housing and urban Development, United States Government, based on household size. subsidized financing - Any financing provided by any public agency specifically for the development and construction of low and moderate income housing units. ill. CITY OF CHULA VISTA INCLUSIONARY HOUSING NEEDS As the State Regional Needs Assessment indicates, þousing for large families is the single greatest need in our community. A recent survey of Chula Vista showed that within a three mile radius of Cordova in Rancho del Rey, (an affordable housing development on the east side of Chula Vista) there are 1,334 market rate rentals of which 110 are three bedrooms and zero are four bedrooms. Only 8.2% of the market rate réntals are three bedrooms. Given that 14% of the households in Chula Vista (according to the 1990 Census) are large families (of five or more persons), and assuming the desire for equal distribution of these families throughout the city, the private market is not producing adequate housing for large families (three or more bedroom units) on the east side. Thus, should the City of Chula Vista choose to participate in financing affordable housing to families of low income, the City would prefer to invest in affordable developments with large units. Another City of Chula Vista objective through its housing policy is to broaden the availability of housing types and increase home ownership opportunities for low income households. As the State Regional Needs Assessment indicates, due to the high cost of buying a home in Southern California, home ownership is rarely affordable to families with low incomes. The 1990 Census data shows that among homeowners in Chula Vista, the lower the household income the higher the percentage of the respective household income goes .to the mortgage payments. Making home ownership affordable to families with low income is the key to this objective. Should the City of Chula Vista choose to participate in financing affordable housing, the City would prefer to invest in home ownership opportunities for families of low income. IV. SUNBOW II AFFORDABLE HOUSING PROGRAM A. LOW INCOME HOUSING 1. Requirements The Sunbow II Project is required to provide a minimum of 10% of the approved housing units (1,946) as affordable -3- 065J015712.ooo213014078.3 a04J14197 (SUNBOW 10 8"C~ / f ..-,.-.---------- housing, of which one-half shall be provided as low income housing.' Based on the total of 1,946 residential housing units which are currently allowed to be constructed within Sunbow I I, a total of 194 low and moderate income housing units are required to be provided within the project, of which 97 will be provided for low income and 97 moderate income households.2 2. Site Selection Criteria The low income housing site was selected using the following selection criteria which is prescribed in the City of Chula Vista General Plan: .- a. Such units are located near proposed public transit facilities, including bus routes along Medical Center Drive as well as East Palomar Street; b. Such units are located within walking distance of future retail, commercial and support services along East Palomar Street, public park facilities and schools. c. Every effort has been made to make targeted sites for the low and moderate income housing units compatible with adjacent residential units (i.e. , densities, design, etc.) . 3. Low Income Housing Sites. Village 17 has been selected as the site for low income housing units within the Sunbow II project (see Exhibit 1) . 4. Phasing The low income housing units would be completed in two phases. The Initial Phase consists of sixty eight (68) units and the Remaining Phase consists of twenty nine (29) units for a total of 97 units. . IThis is a condition of approval for the Sunbow II Tentative Map and specificallx Condition No. 84 of City Council Resolution No. 15640. 2The number of affordable units and low income housing units may be adjusted based upon the actual number of residential housing units which are constructed in the Sunbow II project. 065/015712-000213014078.3 a04114197 -4- %C,;¿t} (SUNBOW II) --------- .---.-..- ..--. ._-,--_.~--_.. 5. Implementation Schedule LOW INCOME HOUSING INITIAL PHASE TIMING ITEMS TO BE COMPLETED Prior to approval of the first Final Map. Identify l<!w income housing site(s) and provide proof of site(s) control for all phases. Identify intended subsidies, incentives and financing mechanisms for all phases. Prior to issuance of the 121st building Submit a marketing plan to the Community permit Development Department for review and approval. Prior to issuance of the 24lst building Submit a design development plan for the permit. construction of 68 low income housing units. Prior to issuance of the 60lst building Obtain Design Review Committee's (DRC) permit. approval for the construction of 68 low income housing units. Prior to issuance of the 718th "building Obtain building permits for the construction of the permit. Initial Phase (68 units). Within internal distribution of building structure, identify specific location of 68 units.' Prior to issuance of the 952nd building City's final inspection and utilities released for 68 permit or one year from the date of the low income housing units is obtained. building permit issuance whichever occurs first. Total 68 units . 3The location of the designated units may change over time (to be referred to as ñfloðting units") as long as the total number of affordable units remains constant and that substituted units are comparable in terms of size, features, and the number of bedrooms, as determined by the Director of the Community Development Department. -5- 0651015712.Q002J3014078.3 304/14/97 (SUNBOW IO 2?C'" cl- / _..,,------" , -----~....~-_.._.~.__.~-~ LOW INCOME HOUSING REMAJNING PHASE TIMING ITEMS TO BE COMPLETED Prior to approval of the first fina1 map ConfIrm location of low income housing site and in development remaining phase proof of site control for phase 2 Conftrm intended subsidies, incentives and ímancing mechanisms for phase 2 Prior to issuance of the 90181 building Submit a marketing plan to the C<:>mmunity permit Development Department for review and approval. Prior to issuance of the 1,00181 building Submit a design development plan for the permit. construcûon of all 29 low income housing units. Prior to issuance of the 1,101st building Obtain DRC approval for the consUJIction of low permit. income housing units. Prior to issuance of the 1,301st building Obtain building permits for the construction of 29 permit. low income housing units. Prior to issuance of the 1,351st building City's fina1 inspection and utilities release for 29 permit or one year from the date of the low income housing units is obtained. building permit issuance whichever occurs ftrst. Total 29 units B. MODERATE INCOME HOUSING 1. Moderate Income Housing Requirements Sunbow II currently includes 1,946 housing units of which five percent (5%) , or ninety seven (97) , must be moderate income housing units. 4 These moderate income housing units shall consist of for-sale housing and be located in Neighborhoods 12, 13, 14 or 17. 2. Moderate Income Housing Sites Neighborhoods 12, 13, 14 or 17 have been selected as the sites for moderate income housing units within the Sunbow II project. The location of Neighborhoods 12, 13, 14 or 17 are shown on Exhibit 1. . 4The number of moderate income units may also be adjusted based on the actual number of housing units constructed within the Sunbow II project. -6- 065/Q15712..QOO213014078.3 a04I14/97 (SUNBOW II) f?C -,;¿~ '_'''''''0',-- -_....~_._._._._...._.._._..._._.._._-,------ 3. Phasing The moderate income housing would be completed in two phases. The Initial Phase consists of 68 units and the Remaining Phase consists of 29 units. 4. Implementation Schedule MODERATE INCOME HOUSING INITIAL PHASE Prior to issuance of the 741st Obtain building permits and start construction for 34 building permit moderate income housing units Prior to issuance of the 961st Obtain building permit and start construction of 34 building permit moderate income housing units. Total 68 units MODERATE INCOME HOUSING REMAINING PHASE Prior to issuance of the I,OOlst Obtain building permit for the construction of 14 moderate building permit income housing units. Prior to issuance of the 1,351st Obtain building permit and start construcûon of 15 building permit moderate income housing units Total 29 units C. SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS. In the event Developer obtains subsidized financing, the Qualified Term shall be dictated by the selected funding source. If the selected funding has no qualified term it shall be fifty-five (55) years. In the event that no subsidized financing is obtained, the Qualified Term shall be twenty (20) years from the date of the completion of the final inspection for each structure. Below is a list of some of the potential funding mechanisms that the Developer may use for affordable housing. Low Income Housing Tax Credits (LIHTC)-Statewide . Competition Housing Bonds - State Density Bonus - City Mortgage Credit Certificates - City Local Initiative Support Corporation (LIS C)-Source for Nonprofit Only Redevelopment Low and Moderate Income Fund .~ City HOME - City, County, and State Other Public Financing - State and Federal -7- 065/015712-0002/3014078.3 a04/14/97 (SUNBOW II) g-C, d.S - -_._--_._----_.._._--,--,...._--~_. City agrees to the extent it deems reasonable to use good faith and reasonable best efforts to assist Developer in obtaining the benefit of certain financing and other mechanisms which will reduce the cost of providing affordable housing in Sunbow II, some of which require approvals from, or allocations by, state agencies, including, but not limited to, local, state and federal subsidies an,d City bonuses, planning, and design and development techniques and standards which reduce the cost of providing affordable housing (collectively, the "Cost Reducing Mechanisms") . The parties acknowledge that City is unable to guarantee the availability of any Cost Reducing Mechanisms to Developer for Sunbow II. D. COMPLIANCE REPORTING All Compliance Reports shall be submitted to the City of Chula Vista Community Development Department and an independent trustee hired by the Developer to monitor the Developer's compliance. The funding sources used will dictate and supersede the terms described in l.a. and b. The terms below only apply if funding sources do not otherwise specify such affordability requirements. L Rental Units' Compliance Packet and Audit a. Should a Developer seek approval by the City to credit a tenant toward its low income housing obligation, the Developer must give the City, at a minimum, a compliance packet including the following: · Supplemental Rental Application - Exhibit 2 · Semi-Annual Report - Exhibit 3-A, 3-B, 3-C · Authorization to Release Information by Purchaser · Acknowledgement that the Information.is for City's Reporting and Administration Use Only Developer shall not be required to perform any extraordinary investigation or verification regarding such information other than Developer's usual and customary means of income verification. Developer shall retain the Supplemental Rental Application and any supporting documents for a period of at least . two (2) years after the applicant ceases to occupy a low income housing unit. b. A household occupying a designated low income unit whose annual income increases subsequent to occupying said unit (referred :.to as "over income household") and thus exceeds the 80% of area median income, need not vacate the 065/015712-000213014078.3 a04114f97 (SUNBOW II) -8- 8c-,;(f -- --------~- -.---.-. .----.-... - .--,.-.--.----.. apartment. However, at the Developer's discretion, this· over income household's monthly rent (including utilities) may· be increased to the market rate. Regardless of a rent increase, the Developer can no longer credit this over income household toward its 5% low income requirement and is obligated to replace this unit· by renting the next comparable unit to a low income household as per the paragraph below. Thus, the Developer shall ensure appropriate language ·is included in the lease requiring tenant to provide income information biannually and acknowledge that should its income increase, the household may be subj ect to a higher rent. Adj usted monthly incomes can be calculated using rules according to the HOD Handbook 4350.3 Occupancy Requirements for HOD Subsidized Multifamily Housing. The location of the designated units may change over time (to be referred to as "floating units") as long as the total number of affordable units remains constant and that substituted units are comparable in terms of size, features, and the number of bedrooms, as determined by the Director of the Community Development Department. If the over income household does not vacate the unit, the Developer must assure that when the next comparable apartment becomes vacant, the newly available unit must be rented to a low income household, as a floating unit, to replace the previously designated unit no longer housing a low income household. If the over income household chooses to leave, the vacated unit retains its low income unit designation. If a residential apartment complex is designated as 100% low income, the over income household will not be required to vacate, if it pays the increased rent, and the unit will not be replaced with a "floating unit." When the over income household vacates the unit, the unit retains its low income unit designation. c. If the City determines that an outside audit is necessary to verify the accuracy of the submitted rent roll, then on a basis no more frequently than once a year, it may require such an audit at the expense of De¥eloper. In such event, within ten (10) days after delivery of the City's written request for 065/015712-000213014078.3 aQ4114/97 (SUNBOW 11) - 9 - g- C - d. ~ -_...~.~ --....--"...----...-.-- such outside audit, Developer shall deliver to the City the names of three (3) certified public accountants doing business in the Metropolitan San Diego area. City will promptly deliver to Developer notice of approval by the City of one or more of said names. The audit shall be completed by an approved certified public accountant, at Developer's sole cost and expense, within sixty (60) days after the delivery to Developer of City's approval. The certified public accountant shall promptly deliver a copy of the written audit to the City. Such audit shall be an audit of Developer's records, including the information supplied to Developer by the low income tenants. The auditor shall not be required to verify the accuracy of the information provided by the low income tenants. 2. Home OWnership Units' Compliance Packet Should Developer seek approval by the City to credit a home purchase toward its low and/or moderate income housing obligation, the Developer must give the City at a minimum a compliance packet including the following: · Copy of Settlement Sheet · Homebuyer's Qualifying Form - Exhibit 4 · Authorization to Release Information by Purchaser · Acknowledgement that the Information is for City's Reporting and Administration Use Only Developer shall not be required to perform any extraordinary investigation or verification regarding such information other than Developer's usual and customary means of income verification. Developer may contact the City's Community Development Housing Division's Housing Coordinator to confirm the City's acceptance of the applicant as credit toward Developer's low and/or moderate income housing unit obligation. Developer may . contact the City prior to the sale of the unit for consultation purposes if desired; however, approval will be given in writing only after required documents are reviewed and accepted by the City. 065/015712-000213014078.3 a04/14/97 (SUNBOW II) -10- :!fC- ~ ~ _ ____..__. ..~,_.._~~__m"___'_~__ E. AFFIRMATIVE MARKETING PLAN Developer shall provide a marketing plan acceptable to the City, in the City's reasonable discretion, for proactively marketing the low and moderate-income housing units to low and moderate income tenants and purchasers respectively at the time specified in the Implementation' Schedules in Sections AS and B4 above. Developer shall use good faith and reasonable best efforts to market the low and moderate income housing units to low and moderate income tenants and, purchasers according to the affirmative marketing plan. See' Exhibit 5, attached hereto, which sets forth the plan requirements, The City will in its discretion use good faith and reasonable best efforts to assist Developer in marketing low and moderate income housing units to low and moderate income ténants and purchasers, obtaining the services of a third -party organization in connection with such marketing efforts, processing the applications of prospective tenants and purchasers of low and moderate income housing units, and complying with the reporting requirements as required herein. -11- 065/015712-000213014078.3 304114/97 (SUNBOW II) S'C- -2 ? .._~-_..- -..".,. - ------- - ------_._._---._.~--_._.._._-,--_.._"._-_.,_..- EXHIBIT 1 LOW AND MODERATE INCOME SITES , . : 065/0l5712..{)(X)2!3()14078.3 aQ41l4/97 Exhibit 1 - Page 1 of 1 (SUNBOW II) g"C' .;¿.r ,..__.__._----~-.-._- @ " I EXHIBIT 1 NOT TO SCALE . CHULA VISTA WOODS MAP 11676 SUNBOW J: aREa ROGERS PARX OTAY RANcH \ ) 1 - . SUNBOW IT BUILDING CONSTRUCTION PHASING ~[~~ ~n~o fjC- c2 5 land ~lannng. clvn englneerlng, surveying 5115 AVENIDA ENCINAS SUITE 'L' CARLSBAD. CA. 92008-4387 (619) 9}1-8700 -. --.----.-- m·___ . ..__._ n.__._..______._ EXHIBIT 2 SUPPLEMENTAL RENTAL APPLICATION The rental unit for which you are' applying has received gove=mental assistance under programs to encourage more affordable housing. As a result, the unit carries a rent level restriction and is restricted to occupancy by low and moderate income households. The information required on this form is necessary to determine your income eligibility to occupy the unit. You must report all household income. Information provided will be confid~ntial and not subject to public disclosure pursuant to State Government Code Section 6254(n). 6.15.1 Rental Unit Address 6.15.2 Applicant Name 6.15.3 Other Household Members 6.15.4 Total Current Annual Household Income from all Sources Including Asset: TOTAL $ Detail: Household Member Income Source 6.15.5 Total Gross Annual Household Income shown on most recent Federal Tax Return from Previous Calendar Year (Attach copies of most recent Federal Tax returns from previous . calendar year for all household members receiving income. Include other verification of income not appearing on tax forms. ) $ 6.15.6 Monthly Rental Rate $ 6.15.7 Number of Bedrooms 065/015712-0002/3{)14078.3 a04/14/97 Exhibit 2 - Page 1 of 2 g-c.:- 30 (SUNBOWlI) "- ----_......... -.-.. ^"""- _.~"-_..__._------_.- EXHIBIT 2 APPLICANT'S STATEMENT I certify under penalty of perjury that the foregoing information is true and correct to the best of my knowledge. I understand that any misrepresentation of the information contained herein may be cause for eviction. Signature Date OWNER'S STATEMENT Based on the foregoing information, I certify under penalty of perjury that the applicant is eligible to occupy this restricted low and moderate income housing unit. Eligibility is based on finding that the applicant's household's current annual income is $ and does not exceed current maximum household income of $ allowed under the terms of a Development Agreement with the City of Chula Vista regarding this residential rental development. Name: Title: Signature: Date: . : 065/015712-000213014078.3 304114/97 Exhibit 2 - Page 2 of 2 Z-C-;J / (SUNBOW Il) . --------_..~_.._.._-~-_..._----- EXHIBIT 3-A SEMI-ANNUAL REPORT . OWNER'S CERTIFICATION I am the owner or owner's representative for an affordable housing development in the City of Chula Vista, which is bound by a Housing Agreement with the City. I certify under penalty or peIjury that the attached rent roll for affordable units at my project is true and correct to the best of my knowledge and complies with the terms and conditions stipulated in the Affordable Housing Agreement, or any agreement that implements the same, with the City of Chula Vista. Name Title Signature Date . . . 065/0l5712..()()()2J3014078.3 aQ4/14/97 Exhibit 3 - Page 1 of 3 e-C-.3d-.., (SUNBOW II) .....- . ..---..-....- ,.' -.- -----_._-_..,....._._._........_..__.~- ..._.._---~---- EXHmIT 3-B SEMI-ANNUAL REPORT PROJECT NAME PROJECT ADDRESS NAME OF PERSON COMPLETING FORM PHONE NUMBER TOTAL SENIOR MONTHLY PROJECTS - BDRM MONTHLY NAME OF NUMBER OF HOUSEHOLD ONE OCCUPANT SIZE RENT HOUSEHOLD OCCUPANTS INCOME IS 60 YEARS+ - - . (xerox form as needed) 065/015712.00J2/3014078.3 áJ41l4m Exhibit 3 - Page 2 of 3 (jC'" 3:3 (SUNBOW IQ --,.._,_.._-. -....,.- - - -~._-_..._--_._._. - --------.-----..-... EXHIBIT 3-C SEMI-ANNUAL REPORT January 17, 1997 TO: Interested Parties FROM: Sheri Schott, Community Development Specialist SUBJECT: 1997 Household Income Figures for San Diego County Median income figures for San Diego County published by the Department of'Housing and Community Development are updated yearly. The figures effective December 27, 1996 are as follows: Household Median Annual Monthly Annual Monthly Size Income Lower Lower Moderate Moderate Income Income Income Income (80% of (120% of Median) Median) 1 $34,020 $27,200 $2,267 $40,824 $3,402 2 $38,880 $31,100 $2,592 $46,656 $3,888 3 $43,740 $35,000 $2,917 $52,488 $4,374 4 $48,600 $38,900 $3,242 $58,320 $4,860 5 $52,488 $42,000 $3,500 $62,986 $5,249 6 $56,376 $45,100 $3,758 $67,651 $5,638 7 $60,264 $48,200 $4,017 $72,317 $6,026 8 $64,152 $51,300 $4,275 $76,982 $6,415 Section 8 Fair Market Rent (FMR) figures apply to some housing developments in Chula Vista. The maximum monthly rents based on FMR effective September 26, 1996 are as follows: I UNIT SIZE FMRI . STUDIO $477 ONE BEDROOM $545 TWO BEDROOMS $682 THREE BEDROOMS $947 .' If you have any questions, please feel free to call me at 691-5263. 065/015712-00020014078.3 ,¡J41l4/97 Exhibit 3 - Page 3 of 3 ~C- 3 Y (SUNBOW 11) -~._._._...._. . -......- --.--.- .. ---.------,,---- EXHIBIT 4 SUNBOW II HOMEBUYER's QUALIFYING FORM Buyer's Name CUrrent Address Tract " Lot # Lot Address Purchase price1 Monthly PITI Payment % of Income # Bedroom Household Size Year of Purchase Median San Diego Household Income % of Median Current Income Signature Authorizing Release to City Sales Representative Submitted to City on . NOTE: This information is for the City's Reporting and Administrative Use Only, 1The sale price of any unit being sold in partial satisfaction of Developer's obligation to provide low income housing shall not exceed three times the household's annual income as required by and as may be revised from time to time by the San Diego Association of Governments (SANDAG). 065/015712-0002130140783 æJ4/14/cn Exhibit 4 - Page 1 of 1 e-C- y"? (SUNDOW II) .....--...-. .·..·_.h.. -------.-..-----'" EXHmIT 5 City of Chula Vista Equal Housin!: Opportunity Requirements For The LowlModerate Income Housin!!: Affirmative Marketin!!: Plan Every Developer complying with the City of Chula Vist8.'s Housing Element's "Affordable Housing Plan" shall submit to the City an AfflI1l1.ative Marketing Plan, for City Review and Approval, which details actions the Developer will take to provide information and otherwise attract eligible persons in the housing market area to the available housing Without regard to race, sex, sexual orientation, marital status, familiar status, color, religion, national origin, ancestry, or handicap, age or any other category which may be defined by law now or in the future. : I. The City of Chula Vista AfflI1l1.ative Marketing Requirements are as follows. Please note, however, the Plan is not limited to these Requirements. (i) Detail methods for informing the public, buyers and potential tenants about Federal fair housing laws and the City of Chula Vista's affirmative marketing policy; (ii) Publicize to minority persons the availability of housing opportunities through the type of media customarijy utilized by the applicant, including minority outlels which are available in the housing market area; (iii) Identify by language and by number any significant number of persons in a community within the housing market area who have limited fluency in the English language; (iv) Where there is a significant number of persons in a community within the housing market area who have limited fluency in the English language, the Plan shall: (a) Identify the media most likely to reach such persons, (b) Advertise for the housing development in the native language of such persons, in addition to the English language, and . (c) Describe the provisions which the housing sponsor will make for handling inquiries by and negotiations with such persons for the rental or sale of units in the development. (v) Detail procedures to be used by the Developer and/or property manager to inform and solicit applications from persons in the housmg market area who are not likely to apply for the housing without special outreach (e.g., use of community organizations, 065/0l5712..(X)()213014078.3 a041l4/97 Exhibit 5 - Page 1 of 2 ~;J? (SUNBOW Iij .----- - ---_...~ - ---_.__.__._.._~~----_... EXHffiIT 5 places of worship, employment centers, fair housing groups, or housing counseling agencies). II. Records must be kept describing actions taken by the Developer and/or property managers to affirmatively market units and records to assess the results of these actions; (i) The records shall include a copy or transcript of the advertisement copy, the identity of the media in which it was disseminated, and the date(s) of each appearance. The housing sponsor shall also keep a record of the dates and places of any meetings or communications between the housing sponsor and any individual or group referred to the housing sponsor by the agency or organizations, representing any of the groups within the community acting on behalf of any classification of minority persons described above. Such records shall be retained for a period of five years; (ii) A description of how the Developer and/or property managers will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met; and (iii) The Developer/property manager shall furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City of Chula Vista, HUD or its agent, or other authorized Federal and State officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. III. The City of Chula Vista may from time to time review the Plan and the Developer's and property manager's activities pursuant to the Plan and may require amendments to the Plan if it does not fully comply with the requirements of this section. IV. An affirmative marketing program shall be in effect for the duration of the Qualified Term defined in the Affordable Housing Agreement. V. If a source of funding used in a low/moderate income housing development, such as . federal or state funds, has affirmative marketing requirements more restrictive than the City of Chula Vista's affirmative marketing requirements, then the more restrictive applies. 065/015712-0002/3014078.3 a04Il4/97 Exhibit 5 - Page 2 of 2 ~C-Jl (SUNBOW II) ..'.- .._._._.._._..~-_._---_.._-----~----,._~---_.__.- ATTACHMENT 1 \ ~ , "- \ ~ Y ~ ~ ~ ~ ~ ~ / / / / / / ~ / ~ ~ ~ ~ / ~ / ~ ~ ~ ~ ~ / ~ / CHULA VISTA PLANNING DEPARTMENT LOCATOR PROJECT ACI SUNBOW LLCf PROJECT CESCRIPTION: ø APPLICANT, AYRES DEVELOPMENT PROJECT SUNBOW II ADDRESS: SUNBOW II SCALE: FILE NUMBER: NORTH No Scale PCM·97·21 / ATTACHMENT 2 SUNBOW II Phase 1-Ä: Units 1 & 2 e ) ~ ~~,o,.,.. CHU....O.VlðTAWCDDII c:ow HOIII'ITA!. Of' c;H1..l.J. YlITA ~J.YAAHC:W ~\ =. Z.\ ~ ,) "~,~ ~ """"' FIRE STATION SITE '2 - I -"-- -. -~--."...--._.'-.-----.----------~-"..--.- ATTACHMENT 3 - ,THE CITY OF CHULA. VJST A DISa..oSURE STf. TEMENT I : ·You ar.c. rcqutrctJ 10 filc' a ~t~[èmCnr {,)f Di5c1~urc of certain owncrs~ip or· fi~a~cial. in;tr;rc.:Hs, ;p::1y.mê~LS, ~r¡dmpaign a:Jntri~\ni()ns; on aU maders ~)1~h wiIl fcquì~ discretionary aC1ion on Ihe part uf Ihþ Çîty Council. Plannlng:For;nmîssJon, artd all other official bodies. The (CJIOw¡ng,:infoTati6n must be disclosed: . I . ':", : 1. : Lis, the names or all :pers~ns h~vjng ~ financial intero.st in the pr.openy which is lhe ~uhjecl of the ~pplica[job or the : contract, e.g., oWne.r,;~p.p~Jca:nt~·~cont~3"ctor, subcontractor, matenal sup~l1c:r. r' I i I . ": , ! : .) I.' I ACT Sunbow. LLC .. ! I ,,~~: rm'r",."t;"" Ii : " " ' I I . ,... ,,' I I _ I I' Ayres, Land Company .. !' II : 1 ! .:' I . .::: ' . '. .: ~ " , . GLV Capltal Partners:: ' 'iI I .': -';: : " ;' : I :' I . ¡ P: : 2. , If "nx pe"';on' idenlifa~d pursuant to h) above is a corporation or partners~ip., list"h2 names of ~I i~~MdU4~ owning . more. ¡h3n 10% of Ill,: shures ilÍ the forporalion or owning any P3nnenhirinl~rc.<t ¡in lhc pan1e1~jp. : ¡ . Ayres Land Company ~~ Keith J. Ho~~e LomaCoIPDration J-cWiIIí~ R. HamIi : ::' -: , i '. ¡;. ~ GLV Cap it ail piJ'rti:1ers. I, I;" I " I'.' '" J 'I ' -- Amanda! :GrI¡JSS Torus C I ¡:, , I' '. - I -- 1Ç'¡c:hl !:::II ~',Ic:::<i TT"'II<::ti I,! . ; 3. 'If anYper.;on' .idenq~ed' pursll3nt t~(1) above is non.profit Organiz.alio~ot a (rust, list tne ¿aJi:.1; of ab~ person : seJ'/inps. dir&\or o~ ,¡be: non.profit þrganization or as truslee or: beneñci,Jry :or tru~~or or tbe lfus\:1 ! : ' "'. . :¡:. :: 1" . I ' ; L: I GLV Cêpital Påri:ner:s:- , i" ::,i Ainanda¡ t;r$~ . TrU~t , . . Joshya : Grus~ Trust i ~ I :! Am¡::¡ni:t~ ~!r!'I~<:;___, hpnpf, í" 1 ::¡ry ]gghW3 C:r1lrf:f: 9gF1gf1ci:=~,1 ': I 'I I I . . .' . I I III : I , "" :: ,- ::. ; , . I : ..! . : I: : l . . , :, ¡ ~ " ., ; . : ,!:. 1 : I . : ¡ . 4. I Havey~u had more t~an S~O ~rth ¡of business transacted with apy me~bfr of thc Çily s~arr: BparF' Con¡.n¡~ions. I CommIttees, and Corr'''¡ "'¡Hun the ¡paS' twelve months? Yes-L N04[ß yes., Please 1nd¡c:ajC "1Trson(~):¡_ .: .. ;, Ii., .! I:: t, ¡ "'. -., r " " _: ,I . " _ I S. Plc:ase, identify "<Ich and <:very persorj. including any agents. emplqyees, ronsul1an·ls. or indeþen~eliii~Dtr.lctors who you Mve assign~ toiieprescnI:youtffore the City in Ihis mailer.' !': ;!! '. . , . I I:' I, KeÙh J. HDrn~ ; ,': . Ron HoÜowa~:¡ , Ii'! I " 'I . ,1" " William R.HamHn, Char.uie GilJ! ,'.: I : II ;" I, _.::' I d· . . 'd' " Ro . Bradley , ,Samuel :M.. :.H Itv I:: .' ':.. I' ; I'·; '! '.' 'I' : - '. . ;,: - i' .' ,¡; ! :;:. \ , : i ·lil ¡ I : 6. : Have you and/or:youromc:ers dr age~ts. in Ihe aggregate, coDlrib~led morc.than'SI,ttxJ 10 Ii Cqunè:iJmember in the. 'carrent or pre.œding ~ldcj¡on pÚíOdìveS_ NoL If yes. State which iCoundlniember(~): ¡ n: : I , . '; , " . " '.' . '11' , I .; '. ; . I; .:{ I ,: .'! (NoTE: Attach additiocal pages as c~~· ." "'.. ¡ .1 ; .: . , )/,. ' : ;I , . ':k/i ..: 'I Date: April 21,1997:: i. ..'. I; .. ! :!'! ; . . Signature Ff contraaor¡"fplic:acl I i I . . , :, :;: I , , ; . . . 'I . l : Keith :J.i Horne: .1,' I --3-( PrÌllt Qr type n~me of c:onttac'~r¡appIic::iot ,. I '; I , . ~ is ck/Ùlcd:ar. "'Arl)' ùuJ.íVit:W.o~¡-V:"" ~C-i1(l":'t:TSh.i; jøw YCUI.I'c, tUZociarien., so<Îlll cbJb, frQiUruJJ Q~~tli..;.ariO,1, ("~'PO\"Qaor,,_ ~Qlc, ~ ~~~. ~ca.l&, this wid Qlry OVlC- COWlry. &¡ aJld r:DI.may. d/)' ,~ulI¡cipoJÜy, di..~l, Of' "'Ú1cr poli:ú:o} sr.ûx:Ut~n.. or allY øJr.a. vVu.) 0,' cornhiruztk». øcÙJ,g as iii l.uoÅ .. ._.__"-_ .'_'0-" .__,.._.__._.,_~__.._.._ ATTACHMENT 4A ?CS-lQ-QZ, ?01-ZQ-Ol: CONS!DEAA'!:ON OF A 7E:ITA'!'!VE SmmIV:S:CN MAP ¡mOWN AS CHULA VISTA :-RAe:' 1Q-Q2, A..'ID::)MMUNI,:,? DES:GN GUIDEL!:ŒS, FOR THE SUNBCW II PROJEC, ~OCATED SOUTH ::IF TELEGRAPH CANYON ROAD, ADJACENT TO !'HE c:-rr.."L,\ VISTA MEDICAL CENTER, '!AS'! OF GREG ROGERS ?ARK - T~ntative subdivision map kncwn as Chula Vista Trac= 1Q-QZ. ~ II subdivides 602 ac~es into :,:63 ?arcels :or residential, ~ommercial, commercial recreation. industrial park, elementarl school and open space. The Sur.bow II Community Design Gui¿elines will guide :uture design plans. Sta::: recommends approva~ of ~he =esol~tion. (Director of Planning) 105/22/90) This being t~e time and p:ace as advertised. :~e public hear:ng was declared open. ~nuel ~unes, City Consultant :or the pro:eo:. gave an oral ?resentation. Councilwoman ~cÇandliss quest~or.ed where development of t~e ;ar~ was in ~~e phasing of the project. ~r. ~unes stat~d Gregg Roge~s ?ark was in ~~e :~~st phase. 7~e developer has helped the City develop the ~ste~ plan :o~ ~he park and has donat~d S:OO,JOO :or the ~~~ovements. :n addition. under conditions ~onight . ~~e deve:oper will have to replant and ~ake good a:: those areas disturbed adjacent to the 3cy's and Girl's ::ub and Gregg Rege~s ?ark. ~e ne~ghborhood ?a~~. :n the center Qf the development, " :ncluded in the second phase. ~. Nunes esti~ted build-Q~t of the proJect at five to seven years. ~r. Leiter stated all projects within t~e City could be ~~acted by the Growth Management Phasing Plan. 7he bui:d4cut esti~ted by ~. ~unes is by t~e developer, :".Ct the Ci:.y. Councilman ~ader ~Jest~oned whe~~er non-drought res~stant. non-native plant ~ate~ial would be allowed in the landsca9i~g. :<en Lee, ?rinc~?al ?lanner, stated the City :anciscape archi:~ct would work with the developer to come up ·"ith a :o~t. At this poi:J.t, :~e~e is no guarantee they would be using ~nt~rely drought resistant plan~ ::tate~ia13. :: ~i:l depend ~n ~~e availati:~:y and design ~: ~~e given areas. The ?elicy is to emphas~ze the ~se 0: årcug~t :.~lerant plants, ~ut it is :J.O= ~is underst~~¿~~g =hat :aO% drought tolerant plants must be ..sed. :fick JeLo~e::.zo, Jillespie/DeLo~e~zo, Landscape Arch~tect :~r the Sunbow ?rojec:., replied the project wi:l ~mphas~=e :'~e ~t~:~=at~cn of i=:ugnt tole=a~~ ?lants. These will be utilized on slopes and graded areas but small areas and street trees ~~ght not fal: ~:J.:'Q that spec~:i= categor¡. ~r. ~unes stated the developer will have to submit a wat~r ~4r.agement plan, which ut~lizes reclaimed water for all landscaping in t~e ~ r: ~r:;ect. :ouncilman ~a¿er stated it was ~is intent, ~:J. aski:J.g for a ~elic~es en drought resistant native plant ::tate~ial 1nd on =ecla~~e¿ water use, ~Ot to merely e~~4si=e it be ~sed ~: affordable but to conserre water. He would like :~ lcok at making ~t a ~equ~rement. :'im ;<ruer, 2~45 5t~ Avenue, Fourth Floor, San Jiego, Çali:o~.~a 92101, re>Jresenti:tg the "ancho del Sur ?artne~ship, as~ed :or Counc~: approval of the tentative ::tap. He then gave a brief slide presentation of the 9roJect. ~he ?a~k and rec~eat~on areas will be done prie~ :0 any development in area fourteen, of phase ~wo. 7hey wi:: work very closely with sta:: and Council :'0 ievelap a landscaping plan that is acceptable to tath. ~e eXF~essed ~~s eor.ce~ ever a requ~re~e~t of all 1=o~ght resistant plants. ~e :el:. st~eet trees should be care:~l:y reviewed ~ue :0 ~oots, clean-up, cancp:.es, etc. They are intending to ucili~e reclaimed wa~er as seen as i:"s avai:abl~ f~om OCay ~ater District. ;:::::~l t.hat: time. it would be a hardship on the ?ro~ec':. Counci:~an ~a¿er 1Uest~oned ~~e::::er they accepted conditic~ ~~7. re:er~i::g ::a th~ g~cwt.~ management ?rograr::. _"!~. ;<r-¡e~ 3tate';: :;"ey agre~'i tc :::e çr.nè_::~c::. 7cr;¡ :.i."r:.s, :~3- 3ct~am St~ee:, ::-.....:.3. 'J'..sta. :a:'::ç~ia ~2::", 3Fc~e i:: c~Fes~:ien ::? t~e so:a:: 1/1- I reçç=er.::a:::c:::; ~e :e:':. it ~~~ :'~9crta~t :: çc::sider t~e ~~eas ou::si';:e c: :~e be~~';:ar~es :n =efe~e::ce ::c ...-..-.-.---....- ..u",n. ---"--. .....-.-.. "---_._--~-,---~._._- whether the condition can go beyond one of disclosure of the City's intent to adopt a Growth Management Plan and actually bind the project to certain types of restrictions. City Attorney Boogaard stated it was the consensus of staff that the language could remain as is. In order to address Councilman Nader's concerns, staff needed to draft a transportation phasing programs and related growth management implementation program and is to be returned with growth management elements, to be triggered on the basis of building permits. It is anticipated that staff could return to Council within ninety days. Councilwoman McCandliss recommended Condition #67 be modified to state (in the second sentence), "the development of property included in the final map will be subject to the provisions of these programs". RESOLUTION 156'40 OJ'PERBD BY KAYOR COX, r..ding of th. tu:t _. _i ved, p....d and. .pprov.d 4- 0·1. with Council.m.an Malcola abaant. "" (HCCandli../Mbor.) aaeDd. Condition .87. d.l.t. tha '\IfQrds. -tha City intands that-, City Attorney Boogaard informed Council that Mr. Kruer had agreed upon Conditions #1 through #69, as stipulated. He questioned whether they would agree to the amendment and whether they deemed Condition OJ. the Corporation Yard Option Agreement, would be met by this amendment. Jim Dawe, 3003 Fourth Avenue, San Diego, California, representing the developer, stated their concern ~as over being picked out and treated differently. Whatever the Growth Management program is, they are willing to go along with. He expressed concern that the wording, could later be interpreted to change that. Councilwoman McCandliss responded that by leaving the word "intent", it sounded more tentative, the amendment clearly represents what the City will be doing when they adopt the plans. She did not want to lead anyone into a different interpretation with the amendment. City Attorney Boogaard stated the language constitutes a more meaningful disclosure notice to subsequent purchasers of the property. Each subsequent tentative tract map will have to be deliberated upon, in the unfettered discretion by the Council, at the time it is before them. Mr. Dawe stated Condition #9, was placed on the project under the thresholds and questioned what the amendment would do to modify the condition. Councilwoman McCandliss stated it did not mean more, but she felt it was more clear and direct than the original language. City Manager Goss stated it was a matter of clarification. The first and second sentences say "intends" and the amendment is an attempt to make it clearer. Mr. Dawe stated it was acceptable as long as the record was clear that this project would not be treated differently than any other. VOTE ON MOTION: .ppro'nld 4-0~1 with Councilman KalcolrD. ab.ant. (05/22/90) "" (Nad.r/McC&adlis.) aaeDd. Condition *70, (third to tha la.t santane.) to st.t., -th. landacaping format within th. proj.ct shall u.. nativ. drought~r.ai.taat plaat mat.rial wbar.v.r po.sibl.-, Councilman Nader stated he wanted these conditions placed on every project approved within the City. He was not trying to single out this project for any adverse r~les. Mr. Dawe questioned if this was part of the ordinance or was ~= a condition that would be placed on everyone. Assistant City Attorney Rudolf stated the condition is conta~ned in policy 476- 04 which unfortunately, is two "14- L paragraphs inserted into the ex~sting provisions of the C:tY'3 Landscaping Manual and does not render itself _._.~ ---------.-...- wat.er, sewer, and t.raffic. Mr. Nunes st.ated most of Mr. Davis' concerns were addressed in t.he public hearing port.ion of t.he EIR, at t.he General Development. Plan st.age. The developer will have t.o widen Telegraph Canyon Road t.o a six- lane prime arterial from Oleander ~o t.he east.ern SPA boundary in phase LA. City Manager Goss stated the Cit.y is currently ut.ilizing one million gallons of sewer capacit.y with twelve million gallons available. He not.ed t.here is a substant.ial amount. of excess sewer capacit.y. Mr. Swanson informed Council t.hat. t.he City has contacted CalTrans regarding the study process for widening of on-ramps and bridges across the freeway for Orange Avenue and I-80S. CalTrans has also been asked t.o look at the studies for signalization. Since these interchanges are under the control of CalTrans, they will not allow the City install a temporary or permanent signal unless t.heir criteria is met. This could mean the City will have to do extensive work (widening of the entire interchange) . Mike Meszaros, 1415 Laurel Avenue, Chula Vist.a, California 92011, referred to Unit 2 on Laurel Avenue and stated there was an operational water line (Otay Water District) and was told by the engineer that. it would be foolish to dig it up. He would also like to see a larger green belt on the west side of Unit 2. He understood the City was up to sewer capacity but heard the City Manger say there was excess available. He stated he was going to make a stand: don't do any more development, issue any more water meters or building permits until we have the water to handle more development. Mr. Kruer responded the waterline that is existing is a backup waterline. One of the conditions of approval required them to move the line if required by Otay Water District. at a cost of approximately $200,000. The project will be one of the keystones to the eastern territory; $17 million is being required in off- site improvements which does not include the contribution required to the $23 million water storage tank. They are also being required to put in four-lanes on Orange Avenue from Medical Center to the west, and they have agreed with the City engineering staff to put in five-lanes. Another requirement was to improve the sewer not only for their project, but also for Otay Ranch and the EastLake projects. There have been three community meetings with Laurel and Foxhill residents, and they will continue t.o meet and work with them. There being no furt.her public testimony, the public hearing was declared closed. Councilwoman McCandliss referred to Condition ~87 which references the Growth Management Program and questioned whether it was adequate. Assistant City Attorney Rudolf stated the only difference from the condition and the historical procedure is, this is a notice; before it was a condition. It was staff's opinion that it was an agreement, and he expressed concern over the historical procedure being legally binding in the future. He felt this was clearly legal,and as far as the City can go in requiring it in this form. Condition #9 deals with Councilwoman McCandliss' concerns. Councilman Nader questioned whether Condition #9 dealt only with traffic and transport.at.ion. Assistant City Attorney Rudolf stated 9 A.2 was for public utilities and services which would include all of the City's t.hreshold standards. If the threshold was changed, it would also be binding. Councilman Nader wanted to state, for the record, that the City and Mr. Kruer agreed regarding Condition 1t87, that the implementation plan will be applied to the tentative map. If he votes for the tentative map it is with the understanding that there will be a condition placed on the tentative and any final maps. If challenged and overturned, it would then overturn his actions on this item. Bruce Boogaard, City Attorney, stated Condition #87, is on =~e tentat.ive map now. He requested that Mr. Leit.er clarify any proposed interpretat.ion ~hat might be imposed on Condition #87. Mr. Leiter stated Assistant City Attorney Rudolf had expressed an oplnlon similar to his. There is a guest.ion, 'fA - 3 ~-_.._~-~-" ,.--.. ..---..-.-----.-- ~o easy encapsulation. City Manager Goss felt the applicant would like something that was clear cut and more precise than what appears in the policy. Mr. Cawe stated he understood the intent of the change was :0 continue to work with the landscape architect and wherever possible they would use native and drought resistant plant material. He stated this would be acceptable as long as it was on the record that the project would not be treated any differently than any other project. VO'l'B ON MOTION: .pproved 4-0-~ with Councilman Malcolm. abllle%1t. (05/22/90) RESOLUTION 15640 APPROVING PCS-!Q.-QZ AND POt-2.Q.-l. FOR A ~ATIVE SUBDIVISION MAP II PRO.JECT, LOCATBD SOUTH OF TBLBGRAPB CANYON' ROAD, ADJACENT TO THE CBt1LA VISTA MEDICAL CKNTD., BAST OF GREG ROGERS PARI: (05/22/90) RESOLUTION' ~5640 OPPERBD BY MAYOR COX, re.ding of the text wa. waived, p....d aDd .pproved 4- 0·1 with Councilman Malcolm. ab8e%1t. MSC (N.der/XcCandli..) to direct .t.ff, when ~ bring b.ck the Growth Management Impl-.J1taticm Plan. to r.lat. the provi.icm. aDd e%1forcement of the plan to the i..uane. of bui~ding p.r.mit.. P....d and approved 4·0·1 with Coui1c:ilman Halcolm. ab.e%1t. * * END OF CITY COUNCIL PUBLIC HEARING * * The City Council adjourned at 6:30 p.D!.. to & Joint "eting of City Council aDd Redavalopaant Agency me.ting . -YA - ^f -_._-~.._._... ..__.._n_..." .---.~.--'-.. ATTACHMENT 48 TENTAT:VE SUBDIVISION MAP ?CS-2Q-Q2; APPEAL OF THE ?LANNIXG C8MMISSIÓN ~EC:S:CN TO APPROVE ONE-YEAR TIME EXTENSION FOR THE §!l!!!}J2!1 :::r SUBDIVIS:CN, TRACT 12-22 - On 7/14/93, the Planning Commission unanimously approved a one-time ~xc=~sion request :or the Sunbow II S~div:s:on. Due to time constraints and legal requirements of the appl:cation, the applicant :iled in advance a~ appeal of the Planning Commission decision to ensure that any pote~tial appeal, including the applicant's own, could be considered by Council before the map expl=es {7/::,?31 Staff =ecommends approval of the =esolut.ion. (Director of ?lanning) (07/20/931 RESOLUTION 17177 DENYI~G THE .'\PPEAL AND AFFIRMING THE PLA.'P.l:NG COMMISSION RESOLUTION TO APPROVE  ONE-YEAR. ':ENTATlVE ;.'lAP SXTENSION :r;:<7h""E~!: SUBDIVIS::;:CN, TRAe:' 2.Q-!12 Ken Le,e, Assistant. Director of Planning, stated -staff had :~l~ed to Mr. rlall and explained to him t~t the action =equest.ed by Council was an extens~on of the Tentat~ve ~a9 and did ~ot deal with the land use ~ssue per se. The land use issue was settled t~~ough the Ge,ne~al Jevelopment ?lan and SPA ?lan in 1969- J..Q. The :nàustrial land was not adjacent to the prope~ty but açproximately one· quarte~ ~ile to :he east and was a lim~ted industrial zoning category and separated topograp~~cally by tWO ~idges f~om the residential area. ~yor Nader stated the prevailing party was appealing agai~s: ::self ~~ order :0 ~e sure :~e=e was a timely heari~g in order to expedite the process. If they ;¡a~: o:!d, there was concern t~ere could be =~~lator! or econom~c consequences :or the holder of the ~p. It was ~ue to a ser~es of regulator! ci=~~mstar.ces. This be~ng the time and place as advertised, the public hearing was dec~ared open. Jim Da.....e, 75a "9" Street, Dan Diego, c.~, representing ~ II, stated :~e Mayor's explanation \<fas accurate and that due to ::::'i:., ordinances it: appeared :.': ·"'as :1.ecElssar! :or ':hem ::0 come :or"ard ·"i::h an appeal so ::he map would ~ot expir~. Othe~ than a one or :.~o se:1.t:~nc~ :e':::~~ :rom ~obi~ood Home Subdivision, they did net rec~ive any comments In opposi':~on :0 t~e extension. Ci::y Attorney 300gaard requested chat: Mr. Jawe express his :li~nts agreeab~:~cy to ':he :1.ew oonditicns imposed on the excension. ~r. Dawe responded that his clients had alr~aèy signed a le:::er agreeing :0 that except :.~er~ was one modi:ica¡:ion in Condition #95, last sentence, ·"hich was clar~:ied "may r~quire reconsideration" rat:-.er :::-..a¡1 "\<fill require reconsideration". It was his ~derst:anàing :.~~C would be acceptable co the staf:. City Attorney 300gaard quescioned i: all other conditions were acceptabl~. :-Ir. Da\<fe responded yes. A.ii. Hall, 1575 ?t. Reyes Court:, Chula 'lista, CA, member :: :.he Reso~r:e Ccnserrat:cn Commission, was :1.ot present. :-Iayor Nader read ::he Eollo\<fl~g comment into the =~cord: ": ob1ec':. ::0 ::-::'3 extens~on because of t.he land use permitted or. ::he south si:;''!: of Orange Ave:-.1,le towards ;iobi~ood". ~ancy 3izzar-:-i, 416 éhird Avenue, ¡no, C".ula 'lista, CA, ~as ~ot present ~hen ca:led. There being no fur':.her public test:imony, the public hearing ~as closed. RBSOLtrr:ION 171.77 01"J'ERED BY MAYOR NADER. r..ciing of th. tu:!: 'Wa. _iv.d, pil....d And. apPJ:'ov.d "-O-l with Bort;on iI.b..nt. ~ayor Nader requ~sted that stat: :ook at amen¿:~g ::he or¿::-~c'!: and =eT~la::cns so an applic3nt ~c~:~ ~Ct ~ave ~o appeal ~hemselves. "113 - I - ----~-_. ----------~---- --.--- _.._".._--,,--------~- · A TT ACHMENT 5 Recording Requested by: ) ) CITY CLERK ) ) When Recorded, Mail to: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) ------------------------------------------------------------------ AFFORDABLE HOUSING AGREEMENT This Affordable Housing Agreement ("Agreement") is made as of , 199 , by and between the A.C.I. Sunbow, LLC, a California Limited-Liability Company ("Developer"), and the City of Chula vista, a California municipal corporation ("City"), with reference to the following facts: A. The city of Chula vista Housing Element established the City's "Affordable Housing Policy" which requires 10% of each housing development of 50 or more units to be affordable to low and moderate income households, with at least one half of those units (5% of project total units) being designated for low income households. (The Chula vista Housing Element of the General Plan, Page 1II-4.) B. Developer owns 602 acres of that certain real property, as shown on Exhibit "A", and located in the portion of the City of Chula vista (referred to herein as "Project"). The project is more particularly described in Exhibit "B" (Legal Description) which is attached hereto and incorporated herein by this reference. C. On 12/5/89, the City approved a General Development Plan for the Project, by Resolution Number 15427, which required compliance with the City's Housing Element of the General Plan. On 12/5/89, the City approved Ordinance No. 2346 adopting PCZ-87-E, PC District Regulations, Sunbow II Sectional Planning Area Plan-Planned community District Regulations. D. On 2/20/90, the City approved the Sun bow II sectional Planning Area (SPA) Plan for the proj ect by Resolution Number 15524. E. On 5/22/90, the City approved the Sunbow II Tentative Subdivision Map, Chula vista Tract 90-07, by Resolution Number 15640 ("Project Tentative Map") and Resolution .No. 17177. Condition number 84 of the Project's Tentative Map rèquires that Developer enter into an affordable housing agreement. S - / ._-~..._----_..._._-..._,._-- NOW THEREFORE, in consideration of the mutual promises described herein, the parties agree as follows: 1. Definitions. Unless otherwise indicated, for purposes of this Agreement, the following terms shall mean: a. "low income housing" means hO\lsing for a household of persons who claim primary residency at the same unit with combined incomes that do not exceed 80% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as thèir primary residency. HUD regulation 24CFR 813.106, as may be amended from time to time, shall be used to calculate income. b. "moderate income housing" means housing for a household of persons who claim primary residency at the same unit with combined incomes between 80% and 120% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as their primary residency. HUD regulation 24CFR 813.106, as may be amended from time to time, shall be used to calculate income. The range of income levels described in the above defined terms may change from time to time in accordance with changes to state and federal laws. c. "Developer's Obligation" means that the Developer is obligated to provide 10% of the total number of residential units constructed within the Project as low and moderate income housing, with at least 5% consisting of low income housing units. 2. Duty to Build. Developer shall construct the total number of low and moderate income housing units required by the Project in accordance with the following: a. Moderate income housing units. In order to satisfy Developer's Obligation with regard to moderate income housing, Developer agrees to construct five percent of the total number of the Project's residential units as moderate income housing units. Developer shall complete construction of the moderate income housing units in accordance with the attached construction schedule, Exhibit C hereto. Developer shall provide the City a biannual report documenting the progress Developer has made toward meeting Developer's Obligation for moderate income housing. b. Low income housing units. In order to satisfy Developer's Obligation with regard to low income housing, Developer agrees to construct low income housing units equal to at least five percent of the total number of the Project's residential units. Developer 2 ~-2- ___"__ ._____.__·~M.·_._______ ____ shall commence construction of 70% of the total number of qualified low income housing units required by the Project, on or before the issuance by the City of the 718th building permit for the Project ( "Initial Phase") . Developer shall thereafter diligently pursue completion of construction of the Initial Phase with construction of the Initial Phase to be completed no later than one year from the date of commencement of constrµction of said units. Thereafter, Developer shall commence construction of the remaining number of qualified low income housing units required by the Project, on or before the City's issuance of the 1301st building permit for the Project ("Remaining Phase"). Deveroper shall diligently pursue completion of construction of the Remaining Phase with construction of the Remaining Phase to be completed no later than one year from the date of commencement of construction of said units. Commencement of construction shall mean that a first inspection has been completed by the City on the first low income housing unit Developer is obligated to build in a particular Phase. c. completion of construction. For purposes of paragraph 2(a) and 2 (b) of this Agreement, construction shall be considered completed when final inspection of the low or moderate housing unit has been completed and occupancy and utility clearances have been signed off by the City. d. Minor delays. The thresholds described herein for commencing construction of low and moderate income housing units are based upon the current phasing proposals for the Project as shown on the Tentative Map. City and Developer acknowledge that changes to the Project may be required from time to time which could have a minor or insubstantial impact on the timing of construction of the low or moderate income housing units. Accordingly, changes to the Project that could result in a delay of less than six months in the construction of such units may, in the City's sole discretion, be considered minor or insubstantial by the City's Community Development Director and made without amendment to this Agreement. All other changes shall require a written amendment to this Agreement. 3. Duty to identify. Developer shall construct the affordable housing units at the site(s) as identified on Exhibit "C". 4. Demand to Build. Notwithstanding the provisions of paragraph 2 of this Agreement, if the City reasonably believes that the Developer will not reach the building permit thresholds described in paragraph 2 (which would trigger the construction of the low income housing units) or not complete construction of the moderate income housing units, the City shall have the right to demand that Developer construct a proportional amount of low and/or moderate income housing units relative to the total number of residential building permits that have been issued for ~he Project. The city shall provide the Developer with the written demand to 3 S- - 3 . ._..__..~.. . _..,._..~----_._--_..~._-------~.. construct the units within .a reasonable period of time for the Developer to commence construction of said units. Developer shall complete construction of the low and/or moderate income housing uni ts, as required by this paragraph , within one year of the commencement of construction of the units so demanded. The duty contained in this paragrapn is non-cumulative to the duty in paragraph 2 with the City providing ,the Developer with the appropriate amount of credit for completed construction. 5. Right to withhold Permits. The City has the absolute and unfettered right to withhold the issuance of any building permit for any residential development within the Project if the Developer is not in compliance with the terms and/or obligations of this Agreement, excluding paragraph 6 of this Agreement. 6. Development Permits, Maps and Documents. Developer shall at its sole expense, prepare and diligently process all permits, agreements, plans, maps, affordability strategy and other documents, including but not limited to, market strategy plans, design development plan, and any amendments to the proj ect' s General Development Plan and sectional Planning Area Plan that may be necessary to meet the Developer's Obligation. In order to assist the Developer in meeting Developer's Obligation, attached hereto as Exhibit "C" is a recommended program of when such documents should be completed. 7. Subordination and Notice. a. Subordination. Developer agrees to enter into subordination agreements with all lienholders having any interest in the Project to ensure that the provisions of this Agreement bind such lienholders should they take title to all or part of the property through quitclaim deed, sale, foreclosure or any other means of transfer of property. Developer shall deliver to the City the fully executed subordination agreements in a form acceptable to the City Attorney and suitable for recording on or befQre the issuance of the first building permit for the Project. b. Notice. Developer shall provide written notice of the terms of this Agreement (which could be a copy of this Agreement) to all purchasers and potential purchasers of real property within the Project, excluding however, a buyer of an individual housing unit. 8. General Provisions. a. Authority of Signatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable it to ente'r into this Agreement. 4 5-1 - - - ---- -----------.--.- ." .-.------------- . b. counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which together will constitute one instrument. c. App1icab1e Law. This Agreement will be construed and enforced in accordance with the laws of the state of California. d. Successors. All terms of this Agreement will be binding upon and inure to the benefit of the parties and their respective administrators or executors, successors and ,assigns. e. Modifications. No modification, waiver or discharge of this Agreement will be valid unless the same is in writing and signed by the parties to this Agreement. f. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. g. Attorney's fees and costs. If either party commences litigation for the jUdicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. h. Exhibits. All exhibits referred to in this Agreement are attached, and are a part of, this Agreement. i. captions. captions in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement. j. Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of San Diego. k. No Third party Beneficiary. No claim as a third- party beneficiary under this Agreement by any person, corporation or any other entity, shall be made or be valid against city or Developer. 1- Incorporation of Recita1s. The recitals set forth herein are part of this Agreement. rn. Assignment. The obligations of the Developer under this Agreement shall not assigned in whole or apart, without the express written consent of the city. 5 S'-s- -" ---"-_.._-- SIGNATURE PAGE TO AFFORDABLE HOUSING AGREEMENT IN WITNESS WHEREOF, city and Developer have executed this Agreement this day of , 199 . - CITY OF CHULA VISTA A.C.I. SUNBOW, LLC, a California Limited Liability Company shirley Horton By: AYRES LAND COMPANY, INC. , Mayor a California corporation, its Manager Attest: By' KL:<:~~n. President Beverly Authelet city Clerk Approved as to form by City Attorney Approved as to form by (~A ;O.C;& Charles R. Gill Hecht, solberg, Robinson, Goldberg, LLP Attorney for Developer M:\Ho.e\Attorney\Housing.sun 6 ~- 10 -...-....-.." --.-_._---~.__._,---_.._-,---_.,--_.._-,- EXHIBIT A Sunbow II @ NOT TO SCA1.£ '~ S L-.___ CWYOH R<WJ . \ )à , , 1 . PROPOSED LOW INCOME SITES Village 13 Village 17 Village 19 ". Industrial ". . PROPOSED MODERATE INCOME SITES . Village 12 Village 13 f) -7 Village 14 Village 17 - -.---.--. . ..···m_._·'··___·_____··_··_____·_____·___·___··___·_ .--... EXHIBIT B DESCRIPTION P<t!!L' 1 PARCEL 1: THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 67, THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE EAST HALF' OF THE SOUTHEAST QUARTER OF QUARTER SECTION 90 AND THE EAST HALF OF THE EAST HALF OF FRACTIONAL QUARTER SECTION 91, ALL OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF S~ DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN THE' OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY II, 1869. EXCEPTING THEREFROM THAT PORTION OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID QUARTER SECTION 67 LYING WITHIN THE LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EASTERLY HALF OF SAID QUARTER SECTION 67 DISTANT THEREON SOUTH 17° 53' 14" EAST 990.00 FEET FROM THE NORTHERLY LINE OF SAID QUARTER SECTION 67; THENCE SOUTH 72° 10' 46" WEST 44.82 FEET TO THE BEGINNING OF A TANGENT 472.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 35' 43" 219. 32 FEET TO THE BEGINNING OF A COMPOUND 22.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86° 40' 36" 34.04 FEET TO A POINT ON A 840.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, THE CENTER OF WHICH BEARS NORTH 84° 32' 55" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 ° 06' 05" 309.36 FEET; THENCE TANGENT TO SAID CURVE NORTH 15° 39' 00" WEST 445.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 08' 00" 797.64 FEET; THENCE TANGENT TO SAID CURVE NORTH 4 4 ° 2 9 ' 00" EAST 250.00 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 13' 06" 267.10 FEET; THENCE TANGENT TO SAID CURVE NORTH 26° 15' 54" EAST 98.00 FEET TO THE BEGINNING OF A TANGENT 22.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID aJRVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" 34.56 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF TELEGRAPH CANYON ROAD (R.S. 1086) SAID POINT BEARS SOUTH 26° 15' 54" WEST 30.00 FEET FROM STATION 117 + 84.77 ON SAID R.S. 1086; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 63° 44' 0611 WEST (SHOWN AS SOUTH 64° 08' 30" EAST ON SAID R.S. 1086) , 124.00 FEET TO THE BEGINNING OF A NON·TANGENT 22.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 26° 15' 54" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" 34.56 FEET; THENCE TANGENT TO SAID CURVE SOUTH 26° 15' 54" WEST 98.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 13' 06" 241.66 FEET; THENCE TANGENT TO SAID CURVE SOUTH 44° 29' 00 WEST 250.00 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 08' 00" 881.60 FEET; THENCE TANGENT TO SAID CURVE SOUTH 15° 39' 00" EAST 445.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27° 44' 53" 368.06 FEET; THENCE ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE SOUTH 77° 54' 07" EAST 80.00 FEET TO THE BEGINNING OF ANON . TANGENT 22.50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THE CENTER OF WHICH BEARS SOUTH 77? 54' 07" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86° 40' 36" 34.04 FEET TO THE BEGINNING OF A REVERSE 527.50 FOOT RADIUS CURVE; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 35' 43" 244.85 FEET; THENCE TANGENT TO SAID BINDf ¡:¡_~G'03 _ 3':' .'~::;-I'~ 5'- <g . --"" "-".._.._,,-_.__._-_.-----_..~-,----~.~-- Page.: DESCRIPTION 2 CURVE NORTH 72° 10' 46" EAST 44.88 FEET TO SAID WESTERLY LINE OF THE EASTERLY HALF OF QUARTER SECTION 67; THENCE ALONG SAID WESTERLY ,LINE NORTH 17° 53' 14" WEST 55.00 FEET TO THE POINT OF BEGINNING. PARCEL 2; THE WEST HALF OF THE NORTHWEST QUARTER; THE SOUTHWEST QUARTER OF TH~ SOUTHWEST QUARTER; THE EAST HALF OF THE WEST HALF; AND THE WEST HALF OF THE EAST HALF OF QUARTER SECTION 64 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 MADE BY MORRILL ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SJ\N DIEGO COUNTY, LYING SOUTHERLY OF THE CENTER LINE OF TELEGRAPH CANYON ROAD 60.00 FEET WIDE, AS GRANTED TO THE COUNTY OF SAN DIEGO IN DEED RECORDED DECEMBER 8, 1961 AS FILE NO. 213092 OF OFFICI~ RECORDS. EXCEPTING THEREFROM THAT PORTION LYING WITHIN TELEGRAPH CANYON ROAD AS DESCRIBED IN PARCEL NO. 66141·A IN DEED RECORDED APRIL 18, 1967 AS FILE NO. 53304 OF OFFICIAL RECORDS. PARCEL 3: LOT 2 OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP,18 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY. PARCEL 4: THE FOLLOWING DESCRIBED PROPERTY IN TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY THEREOF APPROVED SEPTEMBER 11, 1879; FRACTIONAL LOTS 1 AND 2 IN SECTION 17; FRACTIONAL LOTS 1 AND 3 AND SOUTH HALF OF NORTHEAST QUARTER OF SECTION 18. PARCEL 5: THE SOUTH HALF OF SOUTHWEST QUARTER, THE NORTHEAST QUARTER OF SOUTHWEST QUARTER, AND THE SOUTHWEST QUARTER OF SOUTHEAST QUARTER OF QUARTER SECTION 67; ALL BEING IN THE RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 BY MORRILL, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. PARCEL 6; THAT PORTION OF QUARTER SECTION 65 OF THE RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP ~REOF NO. 166 MADE BY MORRILL, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAÌD SAN DIEGO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BINDERlG-tj~ i~O .'S:;-;'( ":)- '1 --.-- -----.- - -~-"~._-,------".- Pagt:' DESCRIPTION 3 BEGINNING AT THE SOUTHWEST CORNER OF SAID QUARTER SECTION 65, AND ON THE SOUTHERLY LINE OF THE RANCHO DE LA NACION; RUNNING THENCE NORTH :L8° 51' WEST :L568.7 FEET ALONG THE WESTERLY LINE OF SAID QUARTER SECTION 65 TO THE NORTHWEST CORNER THEREOF; THENCE NORTH 71° 14' EAST :1.320.7 FEET MORE OR LESS ALONG TIlE NORTHERLY LINE OF SAID QUARTER SECTION 65 TO THE NORTHEAST CORNER OF THE WEST HALF OF SAID QUARTER SECTION 65; THENCE SOUTH :L8° 57' EAST :L563.5 FEET ALONG THE EASTERLY LINE OF SAID WEST HALF OF QUARTER SECTION 65 TO THE SOUTHEAST CORNER OF SAID WEST HALF OF SAI!? QUARTER SECTION; THENCE SOUTH 7:L° 00' WEST :L323.4 FEET ALONG THE SAID SOUTHERLY LINE OF RANCHO DE LA NACION TO THE PLACE OF BEGINNING. TOGETHER WITH A PORTION OF QUARTER SECTION 65, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF QUARTER SECTION 65 AND RUNNING THENCE NORTH 71° 14 ' EAST 660.65 FEET ALONG THE NORTH LINE OF SAID QUARTER SECTION 65; THENCE SOUTH 18° 53' 30" EAST 660 FEET; THENCE SOUTH 7:L° :L4' WEST 659.87 FEET TO THE WEST LINE OF THE EAST HALF OF SAID QUARTER SECTION 65; THENCE NORTH 18° 57' WEST 660.00 FEET ALONG THE SAID WEST LINE OF THE EAST HALF OF QUARTER SECTION 65 TO THE PLACE OF BEGINNING. PARCEL 7, THE SOUTHEAST QUARTER OF NORTHWEST QUARTER; SOUTH HALF OF SOUTHWEST QUARTER OF NORTHWEST QUARTER; NORTHWEST QUARTER OF SOUTHWEST QUARTER OF QUARTER SECTION 67, BEING IN RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166. EXCEPTING THEREFROM THAT PORTION OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID QUARTER SECTION 67 LYING WITHIN THE LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EASTERLY HALF OF SAID QUARTER SECTION 67 DISTANT THEREON SOUTH 17° 53' 14" EAST 990.00 FEET FROM THE NORTHERLY LINE OF SAID QUARTER SECTION 67; THENCE SOUTH 72° 10' 46" WEST 44.82 FEET TO THE BEGINNING OF A TANGENT 472.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 35' 43" 219.32 FEET TO THE BEGINNING OF A COMPOUND 22.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86° 40' 36" 34.04 FEET TO A POINT ON A 840.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, THE CENTER OF WHICH BEARS NORTH 84° 32' 55" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21° 06' 05" 309.36 FEET; THENCE TANGENT TO SAID CURVE NORTH 15° 39' 00" WEST 445.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 08' 00" 797.64 FEET; THENCE TANGENT TO SAID CURVE NORTH 44° 29' 00" EAST 250.00 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF :L8° :L3' 06" 267.10 FEET; THENCE TANGENT TO SAID CURVE NORTH 26° 15' 54" EAST 98.00 FEET TO THE BEGINNING OF A TANGENT 22.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SA¡D CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" 34.56 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF TELEGRAPH CANYON ROAD (R.S. 1086) SAID POINT BEARS SOUTH 26° 15' 54" WEST 30.00 FEET FROM STATION 117 + 84.77 ON SAID R.S. 1086; THENCE ALONG SAID SOUTHERLY 8INO[RlGG3':30/93·¡'c S- -/Ù -- ---_._-_.._~.~..--_.-......_-_._~."-'_._-~-~------ Pag.lO DESCRIPTION 4 RIGHT OF WAY LINE NORTH 630 44' 06" WEST (SHOWN AS SOUTH 640 08' 30" EAST ON SAID R.S. 1086) , 124.00 FEET TO THE BEGINNING OF A NON·TANGENT 22.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CENTER OF WHICH BEARS SOUTH 260 15' 54" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE' OF 900 00' 00" 34.56 FEET; THENCE TANGENT TO SAID CURVE SOUTH 26~ 15' 54" WEST 98.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 180 13' 06" 241.66 FEET; THENÇE TANGENT TO SAID CURVE SOUTH 440 29' 00 WEST 250.00 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 600 08' 00" 881.60 FEET; THENCE TANGENT TO SAID CURVE SOUTH 150 39' 00" EAST 445.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 270 44' 53" 368.06 FEET; THENCE ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE SOUTH 77° 54' 07" EAST 80.00 FEET TO THE BEGINNING OF A NON·TANGENT 22.5Q FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THE CENTER OF WHICH BEARS SOUTH 770 54' 07" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 860 40' 36" 34.04 FEET TO THE BEGINNING OF A REVERSE 527.50 FOOT RADIUS CURVE; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 260 35' 43" 244.85 FEET; THENCE TANGENT TO SAID CURVE NORTH 720 10' 46" EAST 44.88 FEET TO SAID WESTERLY LINE OF THE EASTERLY HALF OF QUARTER SECTION 67; THENCE ALONG SAID WESTERLY LINE NORTH 170 53' 14" WEST 55.00 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 67 LYING WITHIN THE LAND BEING DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF THE EAST HALF OF SAID QUARTER SECTION 67 DISTANT THEREON 990.00 FEET FROM THE NORTHERLY LINE OF SAID QUARTER SECTION 67; THENCE SOUTH 170 53' 14" EAST 55.00 FEET ALONG SAID WESTERLY LINE TO THE SOUTHERLY RIGHT OF WAY BOUNDARY OF A ROAD KNOWN AS MEDICAL CENTER COURT (FORMERLY DORA LANE) AS SAID SOUTHERLY BOUNDARY IS DESCRIBED IN DEED TO THE CITY OF CHULA VISTA RECORDED APRIL 16, 1973 AS FILE NO. 73·099786 OF OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE PROCEEDING ALONG SAID SOUTHERLY BOUNDARY OF SAID RIGHT OF WAY SOUTH 72 0 10' 46" WEST 44.88 FEET TO THE BEGINNING OF A TANGENT 527.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE CONTINUING ON SAID SOUTHERLY BOUNDARY OF SAID RIGHT OF WAY WESTERLY ALONG AN ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 260 35' 43" A DISTANCE OF 244.85 FEET TO THE BEGINNING ÒF A REVERSE 22.50 FOOT RADIUS ÇURVE; THENCE WESTERLY AND SOUTHERLY ALONG AN ARC OF SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 860 40' 36" A DISTANCE OF 34.04 FEET; THENCE LEAVING SAID ARC OF SAID REVERSE CURVE IN A RADIAL DIRECTION NORTH 770 54' 07" WEST 40.66 FEET; THENCE SOUTH 8° 46' 29" WEST 379.93 FEET TO THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SAID QUARTER SECTION 67, THE INSTANT COURSE BEING 2.00 FEET WESTERLY OF A LINE THAT IS TANGENT TO THE CENTER LINE OF A ROAD KNOWN AS MEDICAL CENTER DRIVE (FORMERLY BRANDYWINE AVENUE) AT THE INTERSECTION OF SAID CENTER LINE AND THE CENTER LINE OF SAID MEDICAL CENTER COURT; THENCE ALONG SAID SOUTHERLY LINE NORTH 720 10' 2411 EAST 516.25 FEET TO THE WESTERLY LINE OF THE EAST HALF OF SAID QUARTER SECTION 67; THENCE ALONG SAID WESTERLY LINE NORTH 170 53' 14" WEST 272.48 FEET TO THE TRUE POINT OF BEGINNING, AS GRANTED TO VISTA HILL FOUNDATION, A CALIFORNIA NON·PRÖFIT CORPORATION, IN DEED RECORDED MAY 5. 1986 AS FILE NO. 86·176742 OF OFFICIAL RECORDS. PARCEL 8, EiNDf~:;,·~.:::' '38'5:O·¡" 0- (I _."u. 0...._. __... ._.__..,__ _ __ _.. "__._......._.._.._... ........ __ ___~______".__.___..___.. Pagl.' DESCRIPTION 5 ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166 BY MORRILL, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; CALIFORNIA, DESCRIBED AS FOLLOWS: 1. FRACTIONAL QUARTER SECTION 66; 2. QUARTER SECTION 68 EXCEPT THE WEST HALF OF THE NORTHWEST QUARTER THEREOF; TOGETHER WITH THAT PORTION OF TELEGRAPH CANYON ROAD AS VACATED TO PUBLIC USE BY RESOLUTION 9819. EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY OF THE NORTHERLY LINE OF TELEGRAPH CANYON ROAD AS GRANTED TO THE COUNTY OF SAN DIEGO IN DEED RECORDED DECEMBER 8, 1961 AS FILE NO. 213092 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION LYING WITHIN TELEGRAPH CANYON ROAD AS DESCRIBED IN DEED RECORDED APRIL 18, 1967 AS FILE NO. 53304 OF OFFICIAL RECORDS. ALSO EXCEPTING THAT PORTION LYING WITHIN MAP 8723. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID QUARTER SECTION 68 LYING WITHIN THE LAND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY LINE OF THE EASTERLY HALF OF SAID QUARTER SECTION 67 DISTANT THEREON SOUTH 17° 53' 14" EAST 990.00 FEET FROM THE NORTHERLY LINE OF QUARTER SECTION 67 OF SAID RANCHO DE LA NACION; THENCE SOUTH 72° 10' 46" WEST 44.82 FEET TO THE BEGINNING OF A TANGENT 472.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 35' 43" 219.32 FEET TO THE BEGINNING OF A COMPOUND 22.50 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE. OF 86° 40' 36" 34.04 FEET TO A POINT ON A 840.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, THE CENTER OF WHICH BEARS NORTH 84° 32' 55" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 210 06' OS" 309.36 FEET; THENCE TANGENT TO SAID CURVE NORTH 15° 39' 00" WEST 445.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 08' 0011 797.64 FEET; THENCE TANGENT TO SAID CURVE NORTH 44° 29' DO" EAST 250.00 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 13' 06" 267.10 FEET; THENCE TANGENT TO SAID CURVE NORTH 26° 15' 54" EAST 98.00 FEET TO THE BEGINNING OF A TANGENT 22.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 00" 34.56 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF TELEGRAPH CANYON ROAD (R.S. 1086) SAID pOINT BEARS SOUTH 26° 15' 54" WEST 30.00 FEET FROM STATION 117 + 84.77 ON SAID R.S. 1086; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE NORTH 63° 44' 06" WEST (SHOWN AS SOUTH 64° 08' 30" EAST ON SAID R.S. 1086) , 124.00 FEET TO THE BEGINNING OF A NON· TANGENT 22.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE CEN'1'ER Of WHICH BEARS SOUTH 26° 15' 54" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 00' 0011 34.56 FEET; THENCE TANGENT TO SAID CURVE SOUTH 26° 15' 5411 WEST B~ND£RLG-O:; ..'30/S3-1r( ~- /2- _.. ._._ _ _._ .___....... _.~_. ....,.__ __._._..__u~_.. _.__.___.-.. -.-....- Pag<: 6 DESCRIPTION 98.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18° 13' 06" 241.66 FEET THENCE TANGENT TO SAID CURVE SOUTH 44° 29' 00" WEST 250.00 FEET TO THE BEGINNING OF A TANGENT 840.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60° 08' 00"- 881.60 FEET; THENCE TANGENT TO SAID CURVE SOUTH 15° 39' 00" EAST 445.00 FEET TO THE BEGINNING OF A TANGENT 760.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27° 44' 53" 368.06 FEET; THENCE ALONG THE PROLONGATION OF A RADIAL LINE TO SAID CURVE SOUTH 77° 54' 07" EAST 80.00 FEET TO THE BEGINNING OF A NON-TANGENT 22.50 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THE CENTER OF WHICH BEARS SOUTH 77° 54' 07" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86° 40' 36" 34.04 FEET TO THE BEGINNING OF A REVERSE 527.50 FOOT RADIUS CURVE; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26° 35' 43" 244.85 FEET; THENCE TANGENT TO SAID CURVE NORTH 72° 10' 46" EAST 44.88 FEET TO SAID WESTERLY LINE OF THE EASTERLY HALF OF QUARTER SECTION 67; THENCE ALONG SAID WESTERLY LINE NORTH 17° 53' 14" WEST 55.00 FEET TO THE POINT OF BEGINNING. PARCEL 9, THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF QUARTER SECTION 67 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL MAP THEREOF NO. 166, BY MORRILL ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. PARCEL 10: THE NORTH ONE-HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF QUARTER SECTION 67, RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 166 BY MORRILL, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY. EXCEPTING FROM ALL THE PARCELS ABOVE THAT PORTION OF SAID LAND, AS SHOWN IN PARTIAL RECONVEYANCE RECORDED MAY 31, 1988 AS FILE NO. 88-254202, OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELS 1 THROUGH 4 OF PARCEL MAP NO. 14967, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 10, 1987 AS FILE NO. 87-514967 OF OFFICIAL RECORDS. . - ~ - /3 ._---..-,--- .. .~~---~_._,_.._.,.._- ..._~..._------_._-~------,--_.~--- EXIllBIT C PROGRAM FOR THE PROVISION OF AFFORDABLE HOUSING , WITIDN SUNBOW II Approved by the Chula Vista City Council Resolution , 1997 Prepared For: The City of Chula Vista c . . 065/015712-000213014078.3 a04fl4/97 (SUNBOW II) ¿;- - I/¡- ______________.,___.__. ___.m____ TABLE OF CONTENTS Page I. INTRODUCTION . . . . . . . . . . . . . . . . . . . ." . . . . . . . . . . . . . . . . . . 1 n. DEFINITIONS . . . . . . . . . . . . . . . '.' . . . . . . . . . . . . . . . . . . . . . . . . 2 , m. CITY OF CHULA VISTA INCLUSIONARY HOUSING NEEDS .............. .. 3 IV. SUNBOW n AFFORDABLE HOUSING PROGRAM. . . . . . . . . . . . . . . . 3 A. LOW INCOME HOUSING ..........:..........:...... 3 1. Requirements ................................................................ .. 3 2. Site Selection Criteria ............................ 4 3. Low Income Housing Sites. .. .. ............................................ 4 4. Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5. Implementation Schedule .... ....... ........ .. ........ .. ................ .... 5 B. MODERATE INCOME HOUSING . . . . . . . . . . . . . . . . . . . . . . . 6 1. Moderate Income Housing Requirements . . . . . . . . . . . . . . . . . 6 2. Moderate Income Housing Sites . . . . . . . . . . . . . . . . . . . . . . 6 3. Phasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4. Implementation Schedule .. .... .. .. ........................ .. .. ............ .. 7 C. SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS. . . . . 7 D. COMPLIANCE REPORTING .. . .. .... ............ .............. .... .. ......... 8 1. Rental Units' Compliance Packet and Audit . . . . . . . . . . . . . . . 8 2. Home Ownership Units' Compliance Packet . . . . . . . . . . . . . . 10 E. AFFIRMATIVE MARKETING PLAN . . . . . . . . . . . . . . . . . . . . . 11 v. EXHmITS Exhibit 1 Low and Moderate Income Sites Exhibit 2 Supplemental Rental Application Exhibit 3 Semi-Annual Report Exhibit 4 Homebuyer's Qualifying Form Exhibit 5 AffIrmative Marketing Plan . . :;-- IS- 065/015712-Q002/3014078.3 804114/97 (SUNBOW II) ,. _._.___. _______._._. "_m.____.___······ ...__._" 1. INTRODUCTION The city of Chula vista ("city"), along with all other cities in California, is required by state law to have a Housing Element as a component of its General Plan. The Housing Element describes the housing needs of the community and the responses necessary to fulfill them.. The city of Chula vista Housing Element of 1991 contains numerous objectives, policies and related action programs to accomplish these objectives. Key among these is the affordable housing policy which requires that residential development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling units for low and moderate income households, one half of these units (5% of the total project) being designated to low income; and the remaining five percent to moderate income households. In order to guarantee the provision of Affordable Housing opportunities, the city requires that a specific Affordable Housing Program ("AHP") and agreement be consistent with the Housing Element of the Chula vista General Plan and be prepared and signed by the Developer. This Affordable Housing Program is intended to delineate how, when and where the units would be provided, intended subsidies, income rent restrictions and methods to verify compliance. The Sunbow II Affordable Housing Program is consistent with the city's affordable housing policies and is expected to be completed in two phases. The Initial Phase consists of a total of 1,435 units with the provision of sixty eight (68) low income and sixty eight (68) moderate income housing units. The Remaining Phase consists of a total of 511 units with the provision of twenty nine (29) low income and twenty nine (29) moderate income housing units will be provided. All low income housing units (97) would be located within the inner circle of the planned community within an area identified in the Sunbow II Development Phasing Plan as Neighborhood unit Nos. 13 and 17. The moderate income housing would be located within neighborhoods 12, 13, 14, or 17 (see Exhibit 1). Construction of sixty eight (68) low income housing units in the Initial Phase is expected to begin before the issuance of the 718th building permit. Construction of sixty eight (68) moderate income housing units in the Initial Phase is expected to begin before the issuance of the 741st building permit. Construction of twenty nine (29) low income housing units in the Remaining Phase is expected to start prior to the issuance of the 1,301st building permit. Construction of twenty nine (29) moderate income housing units in the Remaining Phase is expected to start prior to the issuance of the l,QOlst. (See the section entitled "Implementation Schedule" in this program). -1- 065/015712-000213014078.3 a04117/97 5 __ I C:, (SUNBOW II) ...-~_......--- _._-~.._.__._"--- ll. DEFINITIONS affirmative marketing plan - An outline that details actions the Developer will take to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, sex, sexual orientation, marital status, familiar status, color, religion, national origin, ancestry, handicap, age, or any other category which may be defined by law now or in the future. affordable rental rate - The rent to be chargeâ to a low income household shall not exceed the Fair Market Rents (FMR's) set by HUD on an annual basis based on the number of bedrooms within the unit. It includes shelter rent and the cost of utilities, except telephones. HUD sets the FMR's at the 40th percentile distribution of standard quality rental housing units. The 40th percentile rent is drawn from the distribution of rents of units which are occupied by recent movers (renter households who moved into their units within the past 15 months). Usage of FMR's assures each household pays equal proportionate share of rent. There are no minimum rent requirements. The Fiscal Year 1997 FMR's are as follows: Metropolitan Statistical Area EFF 1-bd 2-bd 3-bd 4-bd San Diego, CA $477 $545 $682 $947 $1,118 low income household A household of persons who claim primary residency at the same unit with combined incomes that do not exceed 80% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as their primary residency. For the purpose of calculating income, HUD regulation 24CFR 813.106 provides the guidelines to be used as presently set forth and amended from time to time. moderate income household - A household of persons who claim primary residency at the same unit with combined incomes between 80% to 120% of the area median income (adjusted annually) based on household size. Household size is calculated by the number of persons residing at the same unit as their primary residency. For the purpose of calculating income, HUD regulation 24CFR 813.106 provide the guidelines to be used as presently set forth and amended from time to time. Qualified Term - That length of time the rental unit must remain affordable to low income households. San Diego median income - The San Diego County·~.area median income level as determined from time to time by the Department -2- 065/015712-000213014078.3 ÆIJ4/14/g] (SUNBOW II) ~ /) - _._~ - --_.._---_.._~--_.- of Housing and Urban Development, United States Government, based on household size. subsidized financing - Any financing provided by any public agency specifically for the development and construction of low and moderate income housing units. m. CITY OF CHULA VISTA INCLUSIONARY HOUSING NEEDS As the State Regional Needs Assessment indicates, þousing for large families is the single greatest need in our community. A recent survey of Chula Vista showed that within a three mile radius of Cordova in Rancho del Rey, (an affordable housing development on the east side of Chula Vista) there are 1,334 market rate rentals of which 110 are three bedrooms and zero are four bedrooms. Only 8.2% of the market rate réntals are three bedrooms. Given that 14% of the households in Chula Vista (according to the 1990 Census) are large families (of five or more persons) , and assuming the desire for equal distribution of these families throughout the city, the private market is not producing adequate housing for large families (three or more bedroom units) on the east side. Thus, should the City of Chula Vista choose to participate in financing affordable housing to families of low income, the City would prefer to invest in affordable developments with large units. Another City of Chula Vista objective through its housing policy is to broaden the availability of housing types and increase home ownership opportunities for low income households. As the State Regional Needs Assessment indicates, due to the high cost of buying a home in Southern California, home ownership is rarely affordable to families with low incomes. The 1990 Census data shows that among homeowners in Chula Vista, the lower the household income the higher the percentage of the respective household income goes to the mortgage payments. Making home ownership affordable to families with low income is the key to this objective. Should the City of Chula Vista choose to participate in financing affordable housing, the City would prefer to invest in home ownership opportunities for families of low income. IV. SUNBOW II AFFORDABLE HOUSING PROGRAM A. LOW INCOME HOUSING 1- Requirements The Sunbow II Project is required to provide a minimum of 10% of the approved housing units (1,946) as affordable -3- 0651015712-000213014078.3 a04/14f97 (SUNBOW II) ~ Ie¿; ~ ~ .- -- -_._~ . _._~-- -- - _.,--,-_..,,_._--_._-_..._-~~,--- housing, of which one-half shall be provided as low income housing. 1 Based on the total of 1,946 residential housing units which are currently allowed to be constructed within Sunbow I I, a total of 194 low and moderate income housing units are required to be provided within the project, of which 97 will be provided for low income and 97 moderate income households.2 2. Site Selection Criteria The low income housing site was selected using the following selection criteria which is prescribed in the City of Chula Vista General Plan: ~ a. Such units are located near proposed public transit facilities, including bus routes along Medical Center Drive as well as East Palomar Street; b. Such units are located within walking distance of future retail, commercial and support services along East Palomar Street, public park facilities and schools. c. Every effort has been made to make targeted sites for the low and moderate income housing units compatible with adjacent residential units (i.e. , densities, design, etc. ) 3. Low Income Housing Sites. Village 17 has been selected as the site for low income housing units within the Sunbow II project (see Exhibit 1) . 4. Phasing The low income housing units would be completed in two phases. The Initial Phase consists of sixty eight (68) units and the Remaining Phase consists of twenty nine (29) units for a total of 97 units. lThis is a condition of approval for the Sunbow II Tentative Map and specificall~'~ondition No. 84 of City Council Resolution No. 15640. 2The number of affordable units and low income housing units may be adjusted based upon the actual number of residential housing units which are constructed in the Sunbow II project. -4- 065/015712-000213014078.3 a041l4197 (SUNBOW II) 5 - )c¡ ,.'--....--.-- _..-...._..,._._---~--- 5. Implementation Schedule LOW INCOME HOUSING INITIAL PHASE TIMING ITEMS TO BE COMPLETED Prior to approval of the first Final Map. Identify lqw income housing site(s) and provide proof of site(s) control for all phases. Identify intended subsidies, incentives and fmancing mechanisms for all phaSes. Prior to issuance of the 121st building Submit a marketing plan to the Community permit Development Department for review and approval. Prior to issuance of the 241st building Submit a design development plan f~r the permit. conslruction of 68 low income housing units. Prior to issuance of the 601st building Obtain Design Review Committee's (DRC) permit. approval for the construction of 68 low income housing units. Prior to issuance of the 718th "building Obtain building permits for the conslruction of the permit. Initial Phase (68 units). Within internal distribution of building structure, identify specific location of 68 units.' Prior to issuance of the 952nd building City's final inspection and utilities released for 68 permit or one year from the date of the low income housing units is obtained. building permit issuance whichever occurs first. Total 68 units 3The location of the designated units may change over time (to be referred to as otfloating units") as long as the total number of affordable units remains constant and that substituted units are comparable in terms of size, features, and the number of bedrooms, as determined by the Director of the Community Development Department. -5- 065/015712..QOO2/3014078.3 a04/14/97 (SUNBOW IO S- "2.....0 - . ---.-.. "'.--.--_._-~_._~._....__.._-----_.._---_..._--~._---_.---- · LOW INCOME HOUSING REMAINING PHASE TIMING ITEMS TO BE COMPLETED Prior to approval of the first fina1 map Confirm location of low income housing site and in development remaining phase proof of site control for phase 2 ConfIrm intended subsidies, incentives and fInancing mechanisms for phase 2 Prior to issuance of the 901st building Submit a marketing plan to the C<,!Dllnunity permit Development Department for review and approval. Prior to issuance of the I,OOlst building Submit a design development plan for the permit. construction of all 29 low income housing units. Prior to issuance of the 1,101st building Obtain DRC approval for the const!Jlction of low permit. income housing units. Prior to issuance of the I,30Ist building Obtain building permits for the construction of 29 permit. low income housing units. Prior to issuance of the 1,351st building City's fina1 inspection and utilities release for 29 permit or one year from the date of the low income housing units is obtained. building permit issuance whichever occurs first. Total 29 units B. MODERATE INCOME HOUSING 1. Moderate Income Housing Requirements Sunbow II currently includes 1,946 housing units of which five percent (5%) , or ninety seven (97) , must be moderate income housing units. 4 These moderate income housing units shall consist of for-sale housing and be located in Neighborhoods 12, 13, 14 or 17. 2. Moderate Income Housing Sites Neighborhoods 12, 13, 14 or 17 have been selected as the sites for moderate income housing units within the Sunbow II project. The location of Neighborhoods 12, 13, 14 or 17 are shown on Exhibit L C 4The number of moderate income units may also be adjusted based on the actual number of housing units constructed within the Sunbow II project. -6- 065/015712-OOO2130l4{l78.3 a04/14/97 (SUNBOW II) 5'- 2( ._.·_..__._M'·'_'__·'___~_"__'._._____···_ 3. Phasing The moderate income housing would be completed in two phases. The Initial Phase consists of 68 units and the Remaining Phase consists of 29 units. 4. Implementation Schedule .. MODERATE INCOME HOUSING INITIAL PHASE Prior to issuance of the 741st Obtain building permits and start construction for 34 building permit moderate income housing units Prior to issuance of the 961st Obtain building permit and start construction of 34 building permit moderate income housing units. Total 68 units MODERATE INCOME HOUSING REMAINING PHASE Prior to issuance of the I,OOIst Obtain building permit for the construction of 14 moderate building permit income housing units. Prior to issuance of the 1,351st Obtain building permit and start construction of 15 building permit moderate income housing units Total 29 units C. SUBSIDIES, INCENTIVES AND FINANCING MECHANISMS. In the event Developer obtains subsidized financing, the Qualified Term shall be dictated by the selected funding source. If the selected funding has no qualified t~rm, it shall be fifty-five (55) years. In the event t·hat no subsidized financing is obtained, the Qualified Term shall be twenty (20) years from the date of the completion of the final inspection for each structure. Below is a list of some of the potential funding mechanisms that the Developer may use for affordable housing. Low Income Housing Tax Credits (LIHTC)-Statewide Competition Housing Bonds - State Density Bonus - City Mortgage Credit Certificates - City Local Initiative Support Corporation (LISC)-Source for Nonprofit Only Redevelopment Low and Moderate Income Fund .~ City HOME - City, County, and State Other Public Financing - State and Federal -7- 065/015712-00020014078.3 a04114/97 (SUNBOW II) 5' - 2.."2...- -...-- -- -----^---.--.--..----.--.-----..-. City agrees to the extent it deems reasonable to use good faith and reasonable best efforts to assist Developer in obtaining the benefit of certain financing and other mechanisms which will reduce the cost of providing affordable housing in Sunbow II, some of which require approvals from, or allocations by, state agencies, including, but not limited to, local, state and federal subsidies an,d City bonuses, planning, and design and development techniques and standards which reduce the cost of providing affordable housing (collectively, the "Cost Reducing Mechanisms"). The parties ackno.wledge that City is unable to guarantee the availability 01' any Cost Reducing Mechanisms to Developer for Sunbow II. D. COMPLIANCE REPORTING All Compliance Reports shall be submitted to the City of Chula Vista Community Development Department and an independent trustee hired by the Developer to monitor the Developer's compliance. The funding sources used will dictate and supersede the terms described in 1.a. and b. The terms below only apply if funding sources do not otherwise specify such affordability requirements. 1. Rental Units' Compliance Packet and Audit a. Should a Developer seek approval by the City to credit a tenant toward its low income housing obligation, the Developer must give the City, at a minimum, a compliance packet including the following: · Supplemental Rental Application - Exhibit 2 · Semi-Annual Report - Exhibit 3-A, 3-B, 3-C · Authorization to Release Information by Purchaser · Acknowledgement that the Information is for City's Reporting and Administration Use Only Developer shall not be required to perform any extraordinary investigation or verification regarding such information other than Developer's usual and customary means of income verification. Developer shall retain the Supplemental Rental Application and any supporting documents for a period of at least two (2) years after the applicant ceases to occupy a low income housing unit. b. A household occupying a designated low income unit whose annual income increases subsequent to occupying said unit (referred ::to as "over income household") and thus exceeds the 80% of area median income, need not vacate the -8- 0651015712-000213014078.3 a04/14/97 (SUNBOW II) ':) - 2-3 -,-- --_......_._----~------ . ..-.--"--.. -,-.._. apartment. However, at the Developer's discretion, this over income household's monthly rent (including utilities) may· be increased to the market rate. Regardless of a rent increase, the Developer can no longer credit this over income household toward its 5% low income requirement and is obligated to replace this unit' by renting the next comparable unit to a low income household as per the paragraph below. Thus, the Developer shall ensure appropriate language ·is included in the lease requiring tenant to provide income information biannually and acknowledge that should its income increase, the household may be subject to a higher rent. Adjusted monthly incomes can be calculated uSing rules according to the HUD Handbook 4350.3 Occupancy Requirements for HUD Subsidized Multifamily Housing. The location of the designated units may change over time (to be referred to as "floating units") as long as the total number of affordable units remains constant and that substituted units are comparable in terms of size, features, and the number of bedrooms, as determined by the Director of the Community Development Department. If the over income household does not vacate the unit, the Developer must assure that when the next comparable apartment becomes vacant, the newly available unit must be rented to a low income household, as a floating unit, to replace the previously designated unit no longer housing a low income household. If the over income household chooses to leave, the vacated unit retains its low income unit designation. If a residential apartment complex is designated as 100% low income, the over income household will not be required to vacate, if it pays the increased rent, and the unit will not be replaced with a "floating unit." When the over income household vacates the unit, the unit retains its low income unit designation. c. If the City determines that an outside audit is necessary to verify the accuracy of the submitted rent roll, then on a basis no more frequently than once a year, it 'may require such an audit at the expense of Developer. In such event, within ten (10) days after delivery of the City's written request for -9- 065/015712-000213014078.3 aQ41l4/97 (SUNBOW ID ~ _ 2. Y .-.~._~. -. ...-..'''-----..--.---.-- such outside audit, Developer shall deliver to the City the names of three (3) certified public accountants doing business in the Metropolitan San Diego area. City will promptly deliver to Developer notice of approval by the City of one or more of said names. The audit shall be completed by an approved certified public accountant, at Developer's sole cost and expense, within sixty (60) days after the delivery to Developer of City's approval. The certified public accountant shall promptly deliver a copy of the written audit to the City. Such audit shall be an audit of Developer's records, including the information supplied to Developer by the low income tenants. The auditor shall not be required to verify the accuracy of the information provided by the low income tenants. 2. Home Ownership Units' Compliance Packet Should Developer seek approval by the City to credit a home purchase toward its low and/or moderate income housing obligation, the Developer must give the City at a minimum a compliance packet including the following: · Copy of Settlement Sheet · Homebuyer's Qualifying Form - Exhibit 4 · Authorization to Release Information by Purchaser · Acknowledgement that the Information is for City's Reporting and Administration Use Only Developer shall not be required to perform any extraordinary investigation or verification regarding such information other than Developer's usual and customary means of income verification. Developer may contact the City's Community Development Housing Division's Housing Coordinator to confirm the City's acceptance of the applicant as credit toward Developer's low and/or moderate income housing unit obligation. Developer may contact the City prior to the sale of the unit for consultation purposes if desired; however, approval will be given in writing only after required documents are reviewed and accepted by the City. -10- 065/015712-000213014078.3 a04/14/97 (SUNBOW II) ~- 2S-- . ___.d --.-.. __.'__',.,..._... _.__,._.__.____m__~ E. AFFIRMATIVE MARKETING .PLAN Developer shall provide a marketing plan acceptable to the City, in the City's reasonable discretion, for proactively marketing the low and moderate income housing units to low and moderate income tenants and purchasers respectively at the time specified in the Implementation' Schedules in Sections AS and B4 above. Developer shall use good faith and reasonable best efforts to market the low and moderate income housing units to low and moderate income tenants and .·purchasers according to the affirmative marketing plan. See' Exhibit 5, attached hereto, which sets forth the plan requirements. The City will in its discretion use good faith and reasonable best efforts to assist Developer in marketing low and moderate income housing units to low and moderate income tènants and purchasers, obtaining the services of a third-party organization in connection with such marketing efforts, processing the applications of prospective tenants and purchasers of low and moderate income housing units, and complying with the reporting requirements as required herein. -11- 065f015712-OOO2/30l4078.3 a04fl4/97 (SUNBOW II) 5 _ ~ V .... __m.. __.___. .. _,._,.___,_.. _.. _'n..'__._.___'.__..____. EXHIBIT 1 LOW AND MODERATE INCOME SITES .' , 065/015712..()()()2/3014078.3 304/14/97 Exhibit 1 - Page 1 of 1 ~-;;¿7 (SUNBOW II) ,..-.'-.-.'''.. _ _. _ __.m __ ______.~__.__._________.___,.~___._..._ II @ I EXHIBIT 1 NOT TO sCALE - .. cHULA VJ6-rA WOODS MAP 11676 SUNBOW J: aREa ROGERS PARK orAY RANcH ., SUNBOW IT BUILDING CONSTRUCTION PHASING ~[~~ ~né, land planning. etv" englneer1ng, surveying ~- ::<.? 5115 AVENIDA ENCINAS SUITE 'L- CARLS8AO, CA. 92008-4387 (619) 931-8"/00 _. ------"--- --..._...-,_.... - ---_..__..,~_..,.__.._-- ,.....--,--...-------.-- EXHffiIT 2 SUPPLEMENTAL RENTAL APPLICATION The rental unit for which you are' applying has received governmental assistance under programs to encourage more affordable housing. ·As a result, the unit carries a rent level restriction and is restricted to occupancy by low and moder.ate income households. The information required on this form is necessary to determine your income eligibility to occupy the unit. You must report all household income. Information provided will be confidential and not subject to public disclosure pursuant to State Gover~ment Code Section 6254{n). 6.15.1 Rental Unit Address 6.15.2 Applicant Name 6.15.3 Other Household Members 6.15.4 Total Current Annual Household Income from all Sources Including Asset: TOTAL $ Detail: Household Member Income Source 6.15.5 Total Gross Annual Household Income shown on most recent Federal Tax Return from Previous Calendar Year (Attach copies of most recent Federal Tax returns from previous calendar year for all household members receiving income. Include other verification of income not appearing on tax forms. ) $ . . 6.15.6 Monthly Rental Rate $ 6.15.7 Number of Bedrooms 7- ~CJ 0651015712.{)()Q2/30l4078.3 a04/14/97 Exhibit 2 - Page 1 of 2 (SUNBOW II) ...--- - -----.. ---_.,--- .'.--.-._-".-. ---_._-"'.~,.__._._- EXHIBIT 2 APPLICANT'S STATEMENT I certify under penalty of perjury that the foregoing information is true and correct to the best of my knowledge. I understand that any misrepresentation of the information contained herein may be cause for eviction. Signature Date , OWNER'S STATEMENT Based on the foregoing information, I certify under penalty of perjury that the applicant is eligible to occupy this restricted low and moderate income housing unit. Eligibility is based on finding that the applicant's household's current annual income is $ and does not exceed current maximum household income of $ allowed under the terms of a Development Agreement with the City of Chula Vista regarding this residential rental development. Name: Title: Signature: Date: , ~ - 3° 065/015712-000213014078.3 a04/14197 Exhibit 2 - Page 2 of 2 (SUNBOW m - "_n____" . -..--.---.... _.~_._-_.._,._---,--- EXHIBIT 3-A SEMI-ANNUAL REPORT . . OWNER'S CERTIFICATION I am the owner or owner's representative for an affordable housing development in the City of Chula Vista, which is bound by a Housing Agreement with the City. I certifY under penalty or perjury that the attached rent roll for affordable units at my project is true and correct to the best of my knowledge and complies with the terms and conditions stipulated in the Affordable Housing Agreement, or any agreement that implements the same, with the City of Chula Vista. Name Title Signature Date . . ~- 3( 065/015712-0002/3014078.3 a04/14/97 Exhibit 3 - Page 1 of 3 (SUNBOW II) ..-".-."....-... -----~--- __. - _. ___ __ ________, _n______'_',__'.___._____.._. EXHIBIT 3-B SEMI-ANNUAL REPORT PROJECT NAME PROJECT ADDRESS NAME OF PERSON COMPLETING FORM ; PHONE NUMBER TOTAL SENIOR MONTHLY PROJECTS - BDRM MONTHLY NAME OF NUMBER OF HOUSEHOLD ONE OCCUPANT SIZE RENT HOUSEHOLD OCCUPANTS INCOME IS 60 YEARS+ . . (xerox form as needed) 5- 2)2- 065/015712-0002/3014078.3 a04/14197 Exhibit 3 - Page 2 of 3 (SUNBOW II) ._,.._-_.,,- "-'-'-' . ..----, EXHIBIT 3-C SEMI-ANNUAL REPORT January 17, 1997 TO: Interested Parties FROM: Sheri Schott, Community Development Specialist SUBJECT: 1997 Household Income Figures for San Diego County Median income figures for San Diego County published by the Department or Housing and Community Development are updated yearly. The figures effective December 27, 1996 are as follows: Household Median Annual Monthly Annual Monthly Size Income Lower Lower Moderate Moderate Income Income Income Income (80% of (120% of Median) Median) 1 $34,020 $27,200 $2,267 $40,824 $3,402 2 $38,880 $31,100 $2,592 $46,656 $3,888 3 $43,740 $35,000 $2,917 $52,488 $4,374 4 $48,600 $38,900 $3,242 $58,320 $4,860 5 $52,488 $42,000 $3,500 $62,986 $5,249 6 $56,376 $45,100 $3,758 $67,651 $5,638 7 $60,264 $48,200 $4,017 $72,317 $6,026 8 $64,152 $51,300 $4,275 $76,982 $6,415 Section 8 Fair Market Rent (FMR) figures apply to some housing developments in Chula Visla. The maximum monthly rents based on FMR effective September 26, 1996 are as follows: I UNIT SIZE FMRI STUDIO $477 ONE BEDROOM $545 TWO BEDROOMS $682 THREE BEDROOMS $947 . If you have any questions, please feel free to call me at 691-5263. 5'-33 065/015712-000213014078.3 a04114f97 Exhibit 3 - Page 3 of 3 (SUNBOW U) .....-.-...-.----.--.-- --_._._._--_._~.__...- EXHIBIT 4 SUNBOW II HOMEBUYER's QUALIFYING FORM Buyer's Name CUrrent Address Tract -- Lot # Lot Address Purchase price1 Monthly PITI Payment % of Income # Bedroom Household Size Year of Purchase Median San Diego Household Income % of Median Current Income Signature Authorizing Release to City Sales Representative Submitted to City on NOTE: This information is for the City's Reporting and Administrative Use Only_ IThe sale price of any unit being sold in partial satisfaction of Developer's obligation to provide low income housing shall not exceed three times the household's annual income as required by and as may be revised from time to time by the San Diego Association of Governments (SANDAG). 0651015712-0002/3014078.3 a04/14/97 Exhibit 4 - Page 1 of 1 5-31 (SUNBOW ID ~.'-'- ..~.__... -_.._~- -.-.-.-....--....---- EXHmlT 5 CHy of Chula Vista Equal Housin~ Opportunity Requirements For The Low/Moderate Income HODsin!!: Affirmative Marketin!!: Plan Every Developer complying with the City of Chula vÏstà's Housing Element's "Affordable Housing Plan" shall submit to the City an Aff¡rmative Marketing Plan, for City Review and Approval, which details actions the Developer will take to provide information and otherwise attract eligible persons in the housing market area to the available housing Without regard to race, sex, sexual orientation, marital status, familiar status, color, religion, national origin, ancestry, or handicap, age or any other category which may be defined by law now or in the future. : 1. The City of Chula Vista Aff¡rmative Marketing Requirements are as follows. Please note, however, the Plan is not limited to these Requirements. (i) Detail methods for informing the public, buyers and potential tenants about Federal fair housing laws and the City of Chula Vista's affirmative marketing policy; (ii) Publicize to minority persons the availability of housing opportunities through the type of media customarily utilized by the applicant, including minority outlets which are available in the housing market area; (iii) Identify by language and by number any signifIcant number of persons in a community within the housing market area who have limited fluency in the English language; (iv) Where there is a significant number of persons in a community within the housing market area who have limited fluency in the English language, the Plan shall: (a) Identify the media most likely to reach such persons, (b) Advertise for the housing development in the native language of such persons, in addition to the English language, and (c) Describe the provisions which the housing sponsor will make for handling inquiries by and negotiations with such persons for the rental or sale of units in the development. (v) Detail procedures to be used by the Developer and/or property manager to inform and solicit applications from persons in the housing market area who are not likely to apply for the housing without special outreach (e.g., use of community organizations, 0651015711..()(}()213014078.3 a041l4/97 Exhibit 5 - Page 1 of 2 ~- 3.s-- (SUNBOW In .- ...-. - _.,.._._.._.__.._-_.."._._---~-~~_._~-_._- EXHffiIT 5 places of worship, employment centers, fair housing groups, or housing counseling agencies). II. Records must be kept describing actions taken by the Developer and/or property managers to affinnatively market units and records to assess the results of these actions; -' (i) The records shall include a copy or transcript of the advertisement copy, the identity of the media in which it was disseminated, and the date(s) of each appearance. The housing sponsor shall also keep a record of the dates and places of any meetings or communications between the housing sponsor and any individual or group referred to the housing spoIÍsor by the agency or organizations, representing any of the groups within the community acting on behalf of any classification of minority persons described above. Such records shall be retained for a period of five years; (ii) A description of how the Developer and/or property managers will annually assess the success of affirmative marketing actions and what corrective actions will be taken where affirmative marketing requirements are not met; and (iii) The Developer/property manager shall furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City of Chula Vista, HUD or its agent, or other authorized Federal and State officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. III. The City of Chula Vista may from time to time review the Plan and the Developer's and property manager's activities pursuant to the Plan and may require amendments to the Plan if it does not fully comply with the requirements of this section. IV. An affirmative marketing program shall be in effect for the duration of the Qualified Term defined in the Affordable Housing Agreement. V. If a source of funding used in a low/moderate income housing development, such as federal or state funds, has affirmative marketing requirements more restrictive than the City of Chula Vista's affirmative marketing requirements, then the more restrictive applies. 065/015712-000213014078.3 aQ4f14/97 Exhibit 5 - Page 2 of 2 S' - 3¿ (SUNBOW II) ----,. -.--'., ._--_..,--'".._--~-_...._.. A TT ACHMENT 6 Sunbow II @ NOT TO SCAl.£ L___________- cwnJH "'Wi \ )~ ) ~( , ~.\l~ "'W.<:,c == . PROPOSED LOW INCGME SITES Village 13 Village 17 Village 19 Industrial · PROPOSED MODERATE INCOME SITES Village 12 Village 13 ?-¡ Village 14 Village] 7 ---..----- --~.------,... -----._--,.__._."'~ ATTACHMENT 7 1RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) No transfer tax is due as this is a ) conveyance to a public agency of ) less than a fee interest for which ) no cash consideration has been paid ) or received. ) ) ) ) Developer ) ) Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT SUNBOW II This Supplemental Subdivision Improvement Agreement ( "Agree- ment") is made this ___ day of , 1997, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and ACI Sunbow, LLC, a California limited liability company, ( "Developer" or "Grantor") , with reference to the facts set forth below, which recitals constitute a part of this Agree- ment: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "All attached hereto and incorporated herein ("Property") . The Property is part of a project commonly known as Sunbow II. For purposes of this Agreement the term IIprojectll shall mean "Property" . B. Developer is the owner of the Property. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Sunbow II, Chula -1- 1 .- f u.__ ~. . .--. . U..._._._~~_...'_~.____.__._ Vista Tract 90-07 ("Tentative Subdivision Map") for the subdivi- sion of the Property. D. The City has adopted Resolution Nos. 15640 and 17177 (collectively herein "Resolution") collectively pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. The description of the conditions in this recital section of this Agreement is intended only to summarize and paraphrase such conditions in the Resolution, and is not intended herein to modify or explain them, and is not intended as a basis for interpreting them. E. Condition No. 9 requires the property owner to enter into an agreement with the City whereby: a. The property owner agrees that the City may withhold building permits for any units in the subject subdivision if any one of the following occurs: (1) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. (2) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. b. The property owner agrees that the City may withhold occupancy permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) if the required public facilities, as identified in the PFFP, or as amended by the Annual Monitoring Program, have not been completed. The property owner may propose changes in the timing and sequencing of develop- ment and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City Planning Director and Public Works Director. F. Condition No. 10 requires the property owner to enter into an agreement with the City to not protest: a) formation of a district for the maintenance of landscaped medians and parkways along streets within and adjacent to the subject property; b) formation or inclusion of the project property in an Open Space District; c) formation or inclusion in a district for the mainte- nance of Telegraph Canyon drainage channel; d) formation or inclusion in a district for the maintenance of Poggi Canyon drainage facilities; and, e) formation or inclusion in a sewer reimbursement district. G. Condition No. 16 requires the property owner to enter into an agreement with the City to insure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision prior to the approval of Final -2- 7 - 2... ,_u_ H·...· u______. __,...._ --,.--......--...-- Maps for each phase or unit. Access to the conduit shall be restricted to only those franchised cable television companies who are, and remain, in compliance with all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. H. Condition No. 17 requires the property owner to enter into an agreement with the City wherein the City is held harmless from any liability for erosion, siltation or increase of drainage flow resulting from the project. 1. Condition No. 21 states that the property owner's obligation to improve or parallel the existing Poggi Canyon Trunk Sewer segments which exceed design capacity due to flows from Sunbow II shall include an oversizing of or paralleling of existing sewer lines as may be necessary to accommodate the ultimate projected flow from areas tributary to the Poggi Canyon sewer basin, and the flow as diverted from the Palm Canyon basin. The condition also states that the property owner may request the formation of a reimbursement district and a reimbursement agreement in accordance with Chapter 15.50 of the Municipal Code. J. Condition No. 23 requires the property owner to enter into an agreement whereby the property owner agrees to: a. Fund a study for the preparation of a Poggi Canyon Sewer Basin Improvement and Financing Plan. Said Basin Plan shall provide: (1) an estimate of the ultimate sewage flows; (2) the necessary additions to the existing sewer system to provide adequate capacity for said flows; (3) a method to fairly allocate the cost for providing the needed improvements; and, (4) a method for reimbursement to developers providing sewer improvements as outlined in the Basin Plan. Funds provided by the property owner for preparation of the Basin Plan shall be subject to reimbursement from fees as may established by said Basin Plan. b. Participate in funding of the necessary facilities to provide downstream sewer capacity in the Main Street and date- Faivre trunk sewers for those sewer segments which the development causes to exceed City design capacity standards. The property owner may request the formation of a reimbursement district in accordance with Chapter 15.50 of the Municipal Code. c. Provide appropriate security to guarantee the ability to restore the trunk sewers' reserve capacity to a level and condition that would otherwise exist but for sewage diverted into the Poggi Canyon Basin by the Sunbow II project. Said security may be waived if the property owner can demonstrate to the satisfaction of the City Engineer that the cost of improvements constructed by the property owner is equal to or greater than the total of (1) the fair cost responsibility for necessary improvements as determined -3- 1-3 ----- - -_..._---_..__._~.__..._-_.._._--_. by the basin plan and (2) the cost of improvements necessary to restore the reserve capacity. K. Condition No. 28 requires that Open Space areas which are to be maintained by an open space district shall be granted to the City in fee. L. Condition No. 45 requires the property owner to guarantee the maintenance of proposed detention facilities and to prepare a maintenance program including a schedule and financing mechanism for said detention basins. The property owner is further required to enter into an agreement with the City of Chula Vista and the State Department of Fish and Game wherein the parties agree to implement the basin maintenance program. M. Condition No. 56 and the Sunbow II Public Facilities Financing Plan requires the property owner to provide fire prevention facilities and equipment, including the construction of a fire station, if required, in accordance with a schedule as approved by the Fire Chief. N. Condition No. 58 requires that fire hydrants be in- stalled, tested, and operational prior to placement of any combustible materials on any unit. o. Condition No. 59 (Mitigation Monitoring Measure No. 31) requires the property owner to prepare and submit an acoustical analysis for submission to the City Environmental Coordinator and to agree to mitigate noise impacts on all residential units by the placement of solid walls, acoustical barrier or wall/berm combina- tions. Any residential areas identified within a 65 dBA contour or greater shall be subject to review and approval of the Director of Building and Housing to ensure interior noise limits of 45 dBA. The Planning Director shall review and approve acoustical protec- tion to all exterior areas subject to a 65 dBA or greater noise level. P. Condition No. 67 provides for the waiver of all Park Acquisition and development (PAD) fees in exchange for the development and dedication of a Park and Recreation complex to the City. The complex is subject to the approval of the Director of Parks and Recreation, as described in the Sunbow SPA II Plan and Public Facilities Financing Plan. Q. Condition No. 68 requires the applicant to request annex- ation to Open Space District 18 and to dedicate open space areas which are to be maintained by an open space district to the City in fee title. Landscape maintenance of open space areas shall be accomplished by the developer or applicable homeowners association for a minimum period of one year, which may be extended until such time as accepted into the open space district by the Director of Parks and Recreation and City Landscape Architect. -4- 1/7 - ;¡. --"". . ..- -.-..--.-...---......-.--......--...,.---. by the basin plan and (2) the cost of improvements necessary to restore the reserve capacity. K. Condition No. 28 requires that Open Space areas which are to be maintained by an open space district shall be granted to the City in fee. L. Condition No. 45 requires the property owner to guarantee the maintenance of proposed detention facilities and to prepare a maintenance program including a schedule and financing mechanism for said detention basins. The property owner is further required to enter into an agreement with the City of Chula Vista and the State Department of Fish and Game wherein the parties agree to implement the basin maintenance program. M. Condition No. 56 and the Sunbow II Public Facilities Financing Plan requires the property owner to provide fire prevention facilities and equipment, including the construction of a fire station, if required, in accordance with a schedule as approved by the Fire Chief. N. Condition No. 58 requires that fire hydrants be in- stalled, tested, and operational prior to placement of any combustible materials on any unit. O. Condition No. 59 (Mitigation Monitoring Measure No. 31) requires the property owner to prepare and submit an acoustical analysis for submission to the City Environmental Coordinator and to agree to mitigate noise impacts on all residential units by the placement of solid walls, acoustical barrier or wall/berm combina- tions. Any residential areas identified within a 65 dBA contour or greater shall be subject to review and approval of the Director of Building and Housing to ensure interior noise limits of 45 dBA. The Planning Director shall review and approve acoustical protec- tion to all exterior areas subject to a 65 dBA or greater noise level. P. Condition No. 67 provides for the waiver of all Park Acquisition and development (PAD) fees in exchange for the development and dedication of a Park and Recreation complex to the City. The complex is subject to the approval of the Director of Parks and Recreation, as described in the Sunbow SPA II Plan and Public Facilities Financing Plan. Q. Condition No. 68 requires the applicant to request annex- ation to Open Space District 18 and to dedicate open space areas which are to be maintained by an open space district to the City in fee title. Landscape maintenance of open space areas shall be accomplished by the developer or applicable homeowners association for a minimum period of one year, which may be extended until such time as accepted into the open space district by the Director of Parks and Recreation and City Landscape Architect. -4- 1-5 ----.--...----".'....--."--.. --.-.----...... R. Condition No. 69 requires that the Declaration of Covenants, Conditions and Restrictions includes provisions assuring restriction on the use or modification of perimeter walls located within Open Space lots. The City of Chula Vista is to be named as a party to said Declaration and shall be authorized to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. These restriction shall also be reflected in the Covenants, Conditions, and Restrictions for each lot. In addition, sales disclosure documents which identify use restrictions on perimeter walls within all Open Space lots are to be submitted to the City. S. Condition No. 75 requires slopes on the south side of the future Palomar Street extension, just east of Oleander Avenue, which face onto the street, shall be included in Open Space District 18. (Flair Banks - presently Park lands) . T. Condition No. 76 requires that the Telegraph Canyon Road medians (and parkways) be included within Open Space District 18. U. Condition No. 81 requires the developer to ensure that prospective purchasers sign an assessment disclosure statement fully explaining homeowners costs associated with Mello-Roos, Assessment, and Open Space Districts, as required by Ordinance No. 2275, and to provide a copy of said disclosure prior to approval of each final map. V. Condition No. 86 requires that all development within the subdivision boundary shall be done in accordance with the Sunbow Mitigation Monitoring Program. W. Condition No. 88 requires concurrent with the recordation of any final map for Sunbow II, the developer shall submit an irrevocable letter of dedication to the City of the 10 acre park site (Unit 15, Planning Area 9) . Thereafter, the City may exercise the option to accept this dedication at any time of its choosing. The dedication does not alter in any way all the other conditions of approval relative to the turnkey status of the Community Recreation Center, Olympic Swimming Pool and Park facility as detailed in the Sunbow II Public Facilities Financing Plan. X. Condition No. 89 requires the property owner to agree that all conditions of approval be satisfied and that all facili- ties be completed prior to the issuance of occupancy permits. Y. Condition No. 92 requires that the property owner's successors in interest to indemnify the City, its employees, and agents from any or all lawsuits and liabilities in connection with granting of the July 20, 1993 Tentative Map extension and to waive any claims arising from placing conditions upon such extension of the Tentative Map, whether the issues and liabilities are raised by the current owner or any successor in interest or any third party. -5- 1-~ -----_..._-_...,-"._--,-~,_._.- --'-'-"-...'-'---. Z. Condition No. 93 requires the property owner to prepare, submit, and obtain City Council approval of Water Conservation and Air Quality Improvement Plans. AA. Condition No. 94 requires the property owner to comply with all requirements of the Public Facilities Financing Plan for the project, as may be amended to conform with the City's adopted Growth Management Program, pursuant to Section 19.09.120 of the Municipal Code. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceed- ings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. a. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. b. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, -6- 7 -'7 -....,-.,.,.-.---...-.-.--- ....--..-.....-...-...-- ------ the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. 2. Condition No.9 - Building Permits. In satisfaction of Condition No.9 of the Resolution, the Developer agrees that: a. The City may withhold building permits for any units within the Project if anyone of the following occur: 1. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. 2. Traffic volumes, levels of· service, public utilities and/or services exceed the adopted City threshold standards in the Growth Management Ordinance. b. The City may withhold occupancy permits for any of the units within any of the phases of development identified in the PFFP if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City Planning Director and Public Works Director. 1. Developer agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this Agreement, and to thereafter maintain, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of one million thirty-five thousand dollars ($1,035,000), which security shall guarantee the labor and material and faithful performance in connection with the installation of the Telegraph Canyon Road Public Improvements as shown on Exhibit "B." 2. Developer agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this Agreement, and to thereafter maintain, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of nine hundred four thousand five hundred dollars ($904,500) to secure the payment of material and labor and faithful performance in connection with the installation of the Poggi Canyon Trunk Sewer Public Improvements as shown on Exhibit "B". 3. Developer agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this Agreement, and to thereafter maintain, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of one million seven hundred thirty-eight thousand dollars ($1,738,000) to secure the payment of material and labor and faithful performance in connection with the installation of the Major Infrastructures as shown on Exhibit "B". ~ 7-~ -..._,--~..,.---~.-,..-...-.-" 4. Developer acknowledges and agrees that if the Street Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvements in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of comple- tion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer or its successors in interest, pursuant to the terms of the improve- ment security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 3. Condition No. 10 - No Protest of District Formation. In satisfaction of Condition No. 10 of the Resolution, Developer hereby agrees not to protest the formation or inclusion of the following: a maintenance district, if any, for the maintenance of lighting and landscaped median and parkways along streets within and adjacent to the Property; an assessment district, if any, for the maintenance of Open Space Areas; a district for the maintenance of the Telegraph Canyon drainage channel; a district for the maintenance of Poggi Canyon drainage facilities; and a sewer reimbursement district. This agreement to not protest the inclusion of these public improvements shall not be deemed a waiver of the right to challenge the amount of any assessment which may be imposed due to the addition of these new improvements and shall not interfere with the right of any person to vote in a secret ballot election. 4. Condition No. 16 - Cable Television Easements. In satisfaction of Condition No. 16 of the Resolution, the Developer agrees to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for each lot or unit within the Project. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the Project only to those cable television companies franchised by the City of Chula Vista the condition of such grant being that (a) such access is coordi- nated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with, the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. ~ ?- 9 .' .'-'._._~""-""."'-'-'- ,.--.--.,.---.---- Developer hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon a determina- tion by the City of Chula Vista that they have violated the conditions of the grant. 5. Condition No. 17 - Erosion and Drainage Indemnity. In satisfaction of Condition No. 17 of the Resolution, the Developer agrees that, on the condition that City shall promptly notify the Developer of any claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting from the Property. City agrees to reasonably cooperate with Developer in the defense of any such action, claim or proceeding. 6. Condition Nos. 21 and 23 - Poggi Canyon Trunk Sewer. In satisfaction of Condition Nos. 21 and 23 of the Resolution, Developer agrees: a. Developer agrees to provide to the City, simultaneously with the execution of this Agreement, and to thereafter maintain an improvement security issued by a City approved surety in the sum of $1,809,000 as and for the construction of improvements or con- structing improvements that parallel the existing Poggi Canyon Trunk Sewer Segments ( "Poggi Segments" ) in accordance with those Plans described on Exhibit liB II. These improvements shall be designed to accommodate the ultimate projected gravity basin flows as well as any flows diverted from the Palm Canyon sewer basin. In the event no DIF is formed, the property owner may request the formation of a reimbursement district and a reimbursement agreement in accordance with Chapter 15.50 of the Municipal Code. Developer agrees to complete construction of the Poggi Segments to the satisfaction of the City, within one year of execution of this Agreement or by the 109th building permit for the Project, whichever occurs first. Developer acknowledges and agrees that if the Poggi Segments are not completed within the time agreed herein, the sums provided by said improvement securities may be used by the City for completion of the Poggi Segments. Developer agrees to pay to the City the difference between the total costs incurred to complete the Poggi Segments, including design and administration of construction, and any proceeds from said improvement security. b. Should the Developer apply for any building permit for the Project prior to the establishment by City of a Development Impact Fee ("DIF") for Poggi Canyon Trunk Sewer facilities, City may issue such permits in advance of the DIF establishment; if such permits are issued, Developer hereby agrees to pay the full amount of unpaid fees for the issued permits upon demand by the City. Developer and City agree that the cost of sewer construction from Main Street to Melrose Avenue for determining the DIF, shall be $600,000 and any cost above that amount shall be borne by the Developer. -9- 1-;0 ----"--- ---^---"---.",------ 7. Condition Nos. 28, 68, 75, 76, 81 - Open Space. In satisfaction of Condition Nos. 28, 68, 75, 76, 81 of the Resolu- tion, Developer agrees to the following: a. The parties acknowledge that, in November of 1996, and subsequent to the adoption of this Resolution, the California electorate approved Proposition 218, adding Articles XIIIC and XIIID to the California Constitution. The City has retained consultants to analyze the effect of Proposition 218 on the funding of maintenance of open space lands and street medians, and to make recommendations to the City Council regarding the most effective manner to maintain open space lands and street medians ("Mainte- nance Analysis"). The Maintenance Analysis may affect Developer and a number of other developers and landowners within the City, and is projected to be completed and acted upon by the City during late Spring, 1997. b. In order for Developer to request City Council approval of, and record, the final map of the proj ect; to provide some assurance to the Developer and the public that the Project's open space areas, including the slopes on the south side of Palomar Street, east of Oleander Avenue, which face onto adjoining streets and the thoroughfare median areas (collectively referred to as "Open Space Areas") will be maintained; and to protect the City from having to use its general fund to maintain the Project's Open Space Areas; the City and Developer mutually agree to the follow- ing: 1. The City and Developer shall meet and confer in good faith for a period not to exceed 120 days following City Council approval of this final map, to determine whether any mutually acceptable alternative means exist to fund the maintenance of the Open Space Areas within the Project (the "Meet and Confer Pro- cess") . 2. In the event that the City and Developer are unable to reach agreement upon a mechanism to fund the maintenance of the Open Space Areas within the Project within the period of the Meet and Confer Process, then Developer shall select one of the mechanisms described in subsection i. or ii. below, to fund the maintenance of the Open Space Areas within the Project. i. Community Facilities District Act ("CFD") Alterna- tive. In the event either that the Developer and the City jointly agree during the Meet and Confer Process, or the Developer determines pursuant to Section b.2. above; Developer may formally request that the City form a community facilities district under the CFD Act and take such other actions necessary to form such district to fund the maintenance of the Open Space Areas. The City shall in a timely manner process the application for a community facilities district for such purpose. Developer understands that the City Council maintains its sole discretion to approve or deny the formation of such district. 1(-(1 -10- ,..~.._--_.. --- ~..-~...--.---..---- ii. Homeowners Association Alternative. In the event either that the Developer and the City jointly agree during the Meet and Confer Process, the Developer determines pursuant to Section b.2. above, or no community facilities district has been approved, Developer shall create a Homeowner's Association to own and maintain in a diligent manner such Open Space Areas. The Developer shall submit for City's approval the CC&R's, or other appropriate documentation, describing the maintenance responsibili- ty of the Homeowners Association for the Open Space Areas. The City shall not unreasonably withhold its approval of such CC&R's. 3. Developer agrees and understands that the Open Space Areas shall not be maintained by the use of the City's general fund. The Developer shall make its determination of the mechanism to be used and provide written notice thereof to the City within thirty (30) days of the conclusion of the meet and confer process. Developer shall complete the formation of the CFD District or Homeowners Association prior to Developer making application for the first building permit for any units within the Project. 4. Developer agrees that the City has the right to withhold issuance of any building permits for the Project if no CFD Act District or Homeowners Association is formed to maintain the Open Space Areas. 8. Condi tion No. 45 - Detention Basin Facilities. In satisfaction of Condition No. 45 of the Resolution, Developer agrees to maintain all detention basin facilities on the Project site to ensure their continued operation and proper drainage. Developer further agrees that should City be required to take remedial action to ensure proper drainage, Developer shall upon demand reimburse City for all costs related to such remedial actions. 9. Condition No. 56 - Fire Prevention Facilities and Equipment. In satisfaction of Condition No. 56 of the Resolution, Developer agrees to provide fire prevention facilities and equipment, including the construction of a fire station ("fire facilities"), in accordance with the SUNBOW II Public Facilities Financing Plan. Prior to the issuance of the first building permit for the Project, Developer shall prepare and submit for approval by the City Council its proposed schedule for providing and securing such facilities and equipment. 10. Condition No. 58 - Fire Hydrants. In satisfaction of Condition No. 58 of the Resolution, Developer agrees to install, test and operate all fire hydrants required by the Fire Chief prior to placement of any combustible materials on site of any unit in the Project; in conjunction therewith, developer shall provide roadway access at such sites for fire apparatus as required by the Fire Chief. 1/ -/2. -11- _._____.~..___.u__ ,,____,,_..____._._._.__,__ ----. -.-...--. 1l. Condition No. 59 - Acoustical Barrier. In satisfaction of Condition No. 59 of the Resolution, the Developer shall prepare for City's approval, a site-specific acoustical analysis for the Project. In those areas identified within a 65 or greater dBA contour, Developer shall prior to the issuance of any building permit for the Project, construct an acoustical barrier and provide housing designs that are approved by the City, for all residential units within such dBA contours to ensure interior noise limits of 45 dBA. The Planning Director shall review and have authority to approve or deny the barrier and housing designs to ensure acousti- cal protection for all exterior areas that are within a 65 or greater dBA contours. 12. Condition Nos. 67 and 88 - Park Site. In satisfaction of Condition Nos. 67 and 88 of the Resolution: a. ) Developer agrees that prior to approval of the first final map and prior to execution of this Agreement to provide to City as and for improvements within Greg Rogers Park an irrevocable Letter of Credit for the sum of $100,000. City agrees to consider in good faith Developer's proposal to provide grading within Greg Rogers Park. Should City in its discretion determine that Developer's grading, which shall meet all City standards and requirements, constitutes acceptable improvements to Greg Rogers Park, City will surrender and release the Letter of Credit to Developer. b. ) Developer agrees to make an irrevocable offer of dedication to the City, pursuant to CA Government Code section 7050, for a 10 acre community park site at Unit 15, Planning Area 9 of the Project as more particularly described in the Sunbow Public Facilities Financing Plan (Chapter 2, Parks and Recreation) . Developer further agrees to submit a schedule to the City's Parks and Recreation Department as to development of such park for review and approval in the discretion of the head of said City department no later than 120 days from the date of execution of this agree- ment. City agrees that if Developer complies with all provisions of this subsection b., PAD fees as to such park shall be waived. c. ) Developer further agrees to provide the Irrevocable Offer of Dedication described in b. above, free and clear of any encumbrances within a reasonable period of time. Notwithstanding the foregoing, Developer agrees that if such encumbrance-free dedication is not provided to the City within 60 days of execution of this Agreement, Developer shall provide an offer of dedication, free and clear of all encumbrances, to an alternative 10 acre site within the Project. Developer agrees that the City shall have the sole discretion to choose said alternative site from anywhere within the Project. Developer shall also provide all necessary access easements to said alternative site. Developer further agrees that if such encumbrance-free offer of dedication to the alternative site is not provided, City shall have the right to withhold the issuance of any building or grading permits as to the Project. -12- ';- /3 -...--- ---..-.---.-..-.-.-.....- d.) City and Developer agree to meet and confer in good faith to discuss the concept of a sports complex to be located in the industrial park south of Orange Avenue which would consist of at least 4 lighted softball fields, a recreation building and 2 soccer fields. Should the parties reach agreement, the sports complex, plus a 7 acre "passive neighborhood park" within the Project plus additional improvements by Developer to the Greg Rogers Park as set forth more fully below would be accepted by the City in lieu of Developer's obligation to construct a community recreation facility within the Project. The parties acknowledge that such a complex would require City Council involvement and approval and may necessitate an amendment to the Sunbow SPA Plan. e. ) City and Developer agree to meet and confer in good faith to discuss improvements to Greg Rogers Park including grading which Developer may be able to facilitate. To that end, City will provide construction estimates to the Developer to determine the feasibility and estimated cost of Developer's grading. The parties will further discuss certain improvements to be constructed on the fields of the 10 acre park described in part b. above. 13. Condition No. 69 - Open Space Walls. In satisfaction of Condition No. 69 of the Resolution, Developer agrees to include in the Declaration of Covenants, Conditions and Restrictions for the Project provisions restricting the use or modification of perimeter walls located at or near the Open Space Areas within the Project which shall include restrictions on change or modifications to color, painting, shape, materials, height, or like modification. Developer shall require purchasers of adjoining lots to execute a statement at the time of such purchase acknowledging that said open space wall is subject to said restrictions. Developer agrees to provide all appropriate disclosure statements to purchasers of units within the Project of such restrictions. 14. Condition No. 81 - Disclosure. In satisfaction of Condition No. 81 of the Resolution, the Developer shall provide all legally necessary disclosure statements to prospective purchasers within the Project. 15. Condition No. 86 - Mitigation Measures. In satisfaction of Condition No. 86 of the Resolution, the Developer agrees to comply, implement and remain in compliance with the mitigation measures required by the Environmental Impact Report 88-1 which are hereby incorporated into this resolution by reference. Any measure not satisfied by specific condition of the Resolution or by the project design should be implemented to the satisfaction of the Director of Planning. Mitigation measures shall be monitored via Mitigation Measures Monitoring Program approved in conjunction with Environmental Impact Report 88-1. Modification of the sequence of mitigation shall be at the discretion of the Director of Planning should changes in circumstances warrant such revision. 16. Condition No. 89 - Occupancy of Units. In satisfaction of Condition No. 89 of the Resolution, Developer agrees that City -13- ') ~ If ---- ------~-,..__._--_.-.- shall have the right to withhold permission for occupancy of any unit in the Project if any conditions of approval and/or any facilities as to the Project are not completed when occupancy is required by Developer. 17. Condition No. 92 - Subdivision Map Indemnity. In satisfaction of Condition No. 92 of the Resolution, the Developer and its successor in interest agrees to defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, arising from or connected with the City's granting of the Tentative Map extension identified as File EY-305, whether such claim, action or proceedings are brought forward by Developer, ACI Sunbow, LLC, any successors in interest, or any third party. 18. Condition No. 93 - Water Conservation and Air Quality. In satisfaction of Condition 93 of the Resolution, Developer shall prepare, submit, and obtain City Council approval of Water Conservation and Air Quality Improvement Plans prior to issuance of the first building permit for this Project. 19. Condition No. 94 - Comply with Public Facilities Financing Plan. In satisfaction of Condition No. 94 of the Resolu- tion, the Developer agrees to comply with the requirements of the Public Facilities Financing Plan for the Project, as may be amended by the City to conform with the City's adopted Growth Management Program (Municipal Code Section 19.09, et seq., ) which may be amended from time to time by the City. 20. City Code Requirements - Developer agrees to comply and remain in compliance with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. said Chapter includes but is not limited to: threshold standards (Sec. 19.09.04) , Public Facilities Financing Plan implementation, (Sec. 19.09.090) , and Public Facilities Financing Plan amendment Procedures (Sec. 19.09.100) . The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add section 19.09.105 establishing the necessary provisions to ensure compli- ance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a development as a prerequisite to final map approval for that development. The applicant hereby agrees to comply with adopted amendments to the above mentioned Growth Management Ordinance. 21. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the resolution shall remain in compliance with and implement the terms, conditions and provisions of this Agreement. -14- ?-(~ "--,.,..,-_._- _._--_.--.__._--_..._.._.~-,_. 22. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Conditions 9, 10, 16, 17, 21, 23, 45, 56, 58, 59, 67, 68, 69, 75, 76, 81, 86, 88, 89, 92, 93, 94 of the Resolution. 23. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 24. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3 ) business days have elapsed following deposit in the U.s. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. Facsimile transmission shall constitute personal delivery. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works Developer: ACI Sunbow LLC 550 West C Street, Suite 1750 San Diego, CA 92101 Attn: Keith J. Horne A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. -15- /)-/0 .-....--. -.-..-. _ 'OM ..._.._._.,._~.___ ,.·...w.__·'''.___·,. _'M d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Exhibi ts . Any exhibits set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforce- ment or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. -16- ') - 17 .----..-.. ---- - ----------.... ---~"-_.__.._---_....__..,."---_._. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA DEVELOPER: ACI Sunbow, LLC, a California limited liability company, Mayor By: Attest: (Name) Beverly Authelet, City Clerk (Title) Approved as to Form Of: Ayres Land Company, a California corporation as its managing member John M. Kaheny, City Attorney Approved as to Form . Charles R. Gill Attorney for Developer H:\Home\Attorney\SSIA\Sunbow.SSI -17- 'I-a ~._,--_._._--,. .,----------..----- ~:- ----- - U52 . "A" DESCRIPTION EXHIBIT BEING A SUBDIVISION OF FRACTIONAL QUARTER SECTIONS 65, 66, & 9l, TOGETHER WITH PORTIONS OF QUARTER SECTIONS 64, 67, & 90 OF RANCHO DE LA NACION, MAP NO. l66, FILED "MAY ll, l869 IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER, TOGETHER WITH PORTIONS OF FRACTIONAL SECTION l7 & l8, TOWNSHIP l8 SOUTH, RANGE l WEST, SAN BERNARDINO MERIDIAN, & LOT E OF CHULA VISTA TRACT NO. 87-8, RANCHO DEL SUR, PHASE l, UNIT NO.3, RECORDED MAY 2, 1988 AS MAP NO. 12062, ALL BEING WITHIN , . THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFO~IA. MORE PARTICULARLY DESCRIBED AS PORTION OF CERTICATE OF COMPLIANCE RECORDED MARCH l5, 1991 AS FILE NO. 1991-0ll55l7, OFFICIAL RECORDS, THE LEGAL ", '. DESCRIPTION THEREOF SHOWN AS FOLLOWS: PARCEL l: LOT "E" OF CHULA VISTA TRACT NO. 87-8, RANCHO DEL SUR, PHASE I, UNIT NO.3, RECORDED: MAY 2, 1988, AS MAP NO. l2062, TOGETHER WITH ALL THOSE PORTIONS OF QUARTER SECTIONS 64, 65,66,90 AND 9l OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, State of California, ACCORDING TO MAP THEREOF NO. l66, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY ll, l869 TOGETHER WITH PORTIONS OF FRACTIONAL SECTIONS l7 AND l8, TOWNSHIP l8 sour:!, RANGE l WEST, SAN BERNARDINO MERIDIAN, BEING WITHIN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, State of California, ALL BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS: BEGINNING AT ~rlE NORTHWEST CORNER OF QUARTER SECTION 64 AS SHOWN ON RECORD OF SURVEY l0945, RECORDED MARCH l2, 1987 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY; THENCE NORTHERLY ALONG THE NORTHERLY LINE OF SAID SECTION, NORTH 72° 09' 24" EAST, 397.46 FEET (RECORD: NORTH 72° lO' 03" EAST, 397.44 FEET, RECORD OF SURVEY l0945), TO AN INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF TELEGRAPH CANYON ROAD, AS SHOWN ON ROAD SURVEY l086, ALSO BEING AN INTERSECTION WITH A NON-TANGENT l230.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 6° 28' 33" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6° 30' 25", A DISTANCE OF l39.69 FEET (RECORD: D = 6° 30' 20" L = l39.66 FEET, RECORD OF SURVEY l0945); THENCE TANGENT TO SAID CURVE, NORTH 89° 58' 08" EAST, lOB3. 33 FEET (RECORD: NORTH 89° 57' 33" EAST, lOB3.4l FEET RECORD OF SURVEY :l0945), TO THE BEGINNING OF A TANGENT 2030.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID cURVE, THROUGH A CENTRAL ANGLE OF'llo 36' 5l", A DISTANCE OF 4ll.49 FEET (RECORD: D = llO 37' 00", L = 4lL5B FEET RECORD OF SURVEY l0945); THENCE TANGENT TO SAID CURVE, NORTH 7Bo 2l' 17" EAST, 16.33 FEET, (RECORD: NORTH 78° 20' 33" EAST, l6.27 FEET, RECORD OF SURVEY l0945), TO THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF SAID QUARTER SECTION 64; THENCE ALONG SAID LINE, SOUTH l7 ° 52' 03" EAST, 2l70.39 FEET (RECORD: SOUTH l7° 52' 26" EAST, 2l70.32 FEET, RECORD OF SURVEY l0945) TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE EAST HALF OF SAID QUARTER SECTION 64; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID QUARTER SECTION 65, SOUTH l7° 52' lB" EAST, 659.82 FEET (RECORD: SOUTH 17° 51' 33" EAST, 660.00 RECORD OF SURVEY l0945) TO THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SOUTH 72° 09' 46" WEST, 65B.79 FEET (RECORD: SOUTH 72° 09' 19" WEST, 658.B6 FEET, RECORD OF SURVEY· '1- /q l , ---_._---..-~-_. -..---...---.. -..----...--.-......-.. 0rder No: 999680 U52 DESCRIPTION l0945), TO TriE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH l7° l5' 11'1 EAST, 903.03 FEET (RECORD: SOUTH l7° 5l' 01" EAST, .903.05 FEET, RECORD OF SURVEY l0945), TO THE SOUTH LINE OF SAID QUARTER SECTION 65; THENCE NORTHEASTERLY ALONG SAID SOUTH LINE, NORTH 72 ° 00' 56" EAST, 245.68 FEET (RECORD: NORTH 72° 00' 50" EAST, 245.68 FEET, RECORD OF SURVEY l0945); THENCE SOUTH l8° 37' 33" EAST, 2852.65 FEET (RECORD: SOUTH l8° 37' 0411 EAST, 2852.73 FEET, RECORD OF SURVEY l0945), TO AN INTERSECTìQ,N WITH THE . NORT'¡/SOUTH CENTERLINE OF SAID FRACTION SOUTH l7; THENCE WESTERLY ALONG SAID CENTERLINE, NORTH 88° n' 4l" WEST, U29.65 FEET (RECORD: NORTH 880 n" "2..6" WEST, ll29.58, RECORD OF SURVEY l0945), TO THE EAST QUARTER CORNER OF SAID FRACTIONAL SECTION l8; THENCE WESTERLY ALONG THE NORTH/SOUTH CENTERLINE OF SAID SECTION l8, NORTH 88° 52' 06" WEST, 2645.64 FEET (RECORD: NORTH 880 50' 57" WEST, 2645.57 FEET, RECORD OF SURVEY l0945) TO THE CENTER OF SAID FRACTIONAL SECTION l8; THENCE CONTINUING ALONG SAID CENTERLINE, NORTH 880 52' 09" WEST, l322.97 FEET (RECORD: NORTH 88° 54' 2l" WEST, l322.67 FEET, RECORD OF SURVEY l0945); THENCE NORTH 0° 29' 00" EAST, l240.ll FEET (RECORD: NORTH 0° 29' l4" EAST, l240.22 FEET, RECORD OF SURVEY l0945) TO AN INTERSECTION ~ITH THE SOUT'.:!ERLY LINE OF SAID QUARTER SECTION 9l; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID QUARTER SECTION 9l, SOUTH 7lo 57' Ol" WEST, 474.46 FEET (RECORD: SOUTH 710 56' 32" WEST, 474.52 FEET, RECORD OF SURVEY l0945), TO THE WEST LINE OF Ta: EAST HALF OF THE EAST HALF OF SAID QUART¡:R SECTION 9l; THENCE NORTHWESTERLY ALONG SAID ~~ST LINE, NORTH l8° 05' 37" WEST, l577.l5 FEET (RECORD: NORTH l8° 05' 52" WEST, l577.37 FEET, RECORD OF SURVEY l0945) TO THE NORTrlWEST QUARTER OF SAID EAST HALF OF THE EAST HALF; THENCE CONTINUING ALONG A LINE BEING THE ~~ST LINE OF THE EAST HALF OF THE EAST HALF OF QUARTER SECTION 90, NORTH l7° 45' 55" WEST, 1978.99 FEET (RECORD: NORTH l7° 45' 53" WEST, 1979.03 FEET RECORD OF SURVEY l0945), TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 90; THENCE ALONG THE SOUTH LINE OF SAID NORTHEAST QUA.I¡'TER, NORTH 72° lO' 32" EAST, 666.07 FEET (RECORD: NORTH 72° lO' 08" EAST, 665.97 FEET RECORD OF SURVEY l0945), TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF TF£ NORTHWEST QUARTER OF SAID QUARTER SECTION 67; TJ-:ENCE ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER NORTH 720 09' 27" EAST, 82l.55 FEET (RECORD: NORTH 72° lO' 59" EAST, RECORD OF SURVEY l0945), TO AN INTERSECTION WITH THE WEST LINE OF SAID ·LOT "E" OF MAP l2062, BEING AN INTERSECTION WITH A NON-TANGENT 528.00 FOOT RADIUS CURVE, CONCAVB SOUT'rlWESTERLY; T:lENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE,: AND THE PERIMETER OF SJUD LOT "E", THROUGH A CENTRAL ANGLE OF 2 ° 2l' 08" .A DISTANCE OF OF 2l.68 FEET (RECORD: D = 2° 2X' 04", L = 2l.67 FEET, MAP l206:2), TO A POINT OF REVERSE CURVATURE WITH A lO.OO.FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 70° 03' H" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF ll4 ° l7' 50", A DISTANCE OF 19.95 FEET (RECORD: D = ll4° l8' 20", L = 19.95 FEET, MAP l2062); THENCE TANGENT TO SAID CURVE, SOUTH 85° 38' 56" EAST, 38.l7 FEET, TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 95° 25' 05", A DISTANCE OF 83.27 FEET (RECORD: D = 95° 23' 06", L = 83.24 FEET, MAP l2062), TO THE ANGLE POINT OF SAID LOT "E"; THENCE ALONG SAID LOT "E." LINE, NORTH 88° 55' 59" EAST lOO.l2 FEET (RECORD: NORTH 88° 58' 38" EAST, lOO.07 FEET, MAP l2062) ALONG A RADIAL LINE TO THE PREVIOUS DESCRIBED 50.00 FOOT RADIUS CURVE, CONCAVE, TO AN INTERSECTION WITH THE SOUTHWESTERLY LINE OF LOT "C" AS SHOWN ON SAID MAP l2062, ALSO BEING AN INTERSECTION WITH A 744.50. , 7 ~2Z) 2 . '/ U52 ~o"., '0' "",. DESCRIPTION FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIAL BEARING TO SAID POINT OF NORTH 78" 53' 51" EAST, (RECORD: NORTH 78" 53' 57" EAST, MAP l2062); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID LOT "C", THROUGH A CENTRAL ANGLE OF 1" 32' 26", A DISTANCE OF 20.02 FEET (RECORD: D = 1" 32' 26", L = 20.02 FEET, MAP 12062), TO AN INTERSECTION WITH THE SOUTHERLY LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 67; THENCE ALONG SAID LINE, NORTH 72" 09' 27" EAST, 7.92 FEET, TO AN INTERSECT:(ON WITH THE . WESTERLY RIGHT-OF-WAY LINE OF MEDICAL CENTER DRIVE, AS SHOWN ON SAID RECORD OF , ' SURVEY 10945, BEING AN INTERSECTION WITH A NON-TANGENT 760.00 FOOT RADI~S CURVE, CONCAVE SOUTHWESTERLY, HAVING A RADIAL BEARING TO SAID POINT OF NORTH .. 78" 16' 17" EAST (RECORD: NORTH 78" 15' 31" EAST, MAP 12060); THENCE SOUTrlEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 23" 51' 31", A DISTANCE. OF 316.47 FEET (RECORD: D = 23" 50' 08", L = 316.16 _EET RECORD OF SURVEY 10945); THENCE NON-TANGENT TO SAID CURVE SOUTH 77" 52' 11" EAST, 39.34 FEET (RECORD: SOUTH 77" 54' 21" EAST, 39.34 FEET, RECORD OF SURVEY 10945) TO THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO UNITED ENTERPRISES; VISTA HILL FOUNDATION, RECORDED: MAY 8, 1986, AS FILE PAGE 86-182768 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY AND SOUTHERLY PROPERTY LINES OF SAID LAND, SOUTH 8" 46' 40" ''EST, 379.77 FEET (RECORD: SOUTH 8" 46' 15" WEST, 379.66 FEET, RECORD OF SURVEY 10945) TO THE SOUTHWESTERLY CORNER OF SAID LAND; THENCE ALONG THE SOUTHERLY LINE, NORTH 72" 11' 02" EAST, 516.12 FEET (RECORD: NORTH 72" 10' 40" EAST, 516.09 FEET, RECORD OF SURVEY 10945), TO THE EAST LINE OF l~ WEST HALF OF SAID QUARTER SECTION 67; THENCE ALONG SAID EAST LINE, SOUTH 17" 52' 3311 EAST, 661.25 FEET, TO THE SOUTHWESTERLY CORNER OF PARCEL MAP 8905, BEING THE SOUTHWEST CORNER OF NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION 67; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER, NORTH 72" 09' 18" EAST, 1317.29 FEET, (RECORD: NORTH 72" 09' 23" EAST, 1317.31 FEET, RECORD OF SURVEY 10945) TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID QUARTER SECTION 67; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID QUARTER SECTION 64, NORTH 72" 09' 53" EAST, 658.94 FEET (RECORD: NORTH 72" 09' 39" EAST, 658.83 FEET, RECORD OF SURVEY 10945), TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER' OF THE SOUTHWEST QUARTER OF SAID QUARTER SECTION 64 THENCE NORTH 17" 52' 50·It·WEST, 661.02 FEET (RECORD: NORTH 17" 53' 07" WEST, 661.03 FEET, RECORD OF SURVEY 10945), TO THE NOR:':EAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID QUARTER 5~CTION 64; THENCE SOUTH 72" 08' 55" WEST, 658.96 FEET (RECORD: SOUTH 72" 08' 3111 WEST, 658.89 FEET, RECORD OF SURVEY 10945) TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID QUARTER SECTION 64; THENCE NORTH 17" 52' 57" WEST, 1316.82 FEET (RECORD: NORTH 17" 53' 22" WEST, 1316.78 FEET, RECORD OF SURVEY 10945) TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF QUARTER SECTION 67 OF RANCHO DE LA NACION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 166, FILED IN T.~ OFFICE OF THE COUNTY RECORDER, MAY 11, 1869, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTHWESTERLY ALONG THE NORTrlERLY LINE OF SAID SECTION, SOUTH 72" 12' 26" WEST (SOUTH 72".11' .7 - 2.( 3 . -- _...._~...- -.--,.--...----.-- ~~,." No, "".. U52 DESCRIPTION 3l" WEST, RECOP~ OF SURVEY l0945), l3l7.06 FEET TO THE NORTH QUARTER CORNER OF SAID QUARTER SECTION; THENCE SOUTHERLY ALONG THE NORTH-SOUTH CENTERLINE OF SAID QUARTER SECTION, SOUTH 170 52' 33" EAST (SOUTH 170 53' 14" EAST, RECORD OF SURVEY 10945), 659.46 FEET, TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID QUARTER SECTION, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID CENTERLINE, SOUTH 17° 52' 33" EAST, 330.74 FEET, TO THE NORTHERLY RIGHT-OF-WAY LINE OF MEDI~ CENTER COURT; AS SHOWN ON SAID RECORD OF SURVEY; THENCE SOUTHWESTERLY ALONG SAID NORTH LINE, sour:! nOlO" 57" wEST, 45.06 FEET (SOUTH no lO' 32" WEST, 44.79 FEET; R!>CORD '. OF SURVEY l0945), TO THE BEGINNING OF A TANGENT 472.50 FOOT RADIUS CURVE, . . CONCAVE NORTHWESTERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 260 33' 28" A DISTANCE OF 219.01 FEET, 'TO A POINT OF COMPOUND CURVATURE WITH A 22.50 FOOT RADIUS CURVE, CONCAVE NORTHERLY, HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 80 44' 25" WEST (SOUTH 8° 46' l5" WEST, RECORD OF SURVEY l0945); THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 86° 44' 56", A DISTANCE OF 34.07 FEET, TO THE BEGINNING OF A REVERSE 840.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIAL BEARING TO SAID POINT OF SOUTH 84° 30' 39" EAST (SOUTH 84 ° 33' 0911 EAST, RECORD OF SURVEY l0945); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF l7° 48' 07", A DISTANCE OF 260.99 FEET, TO AN INTERSECTION WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTHEASTERLY ALONG SAID NORTH LINE, NORTH 72° 09' 27" EAST, 20L9l FEET (NORTH 720 lO' 59" EAST, 202.09 FEET, RECORD OF SURVEY 109~5), TO THE TRUE POINT OF BEGINNING. , ? -2."2- . . 4 . ._~.- ----------- EXHIBIT "B" , . CHULA VISTA 1RACT 90-07. SUNBOW II, UNIT 1 & 2 Public Improvements Labor and Material Faithful Performance Drawings Number Telegraph Canyon Road $ 1,035,000.00 $ 1,035,000.00 97-363 to 97·376 Poggi Canyon Trunk Sewer $ 904,500.00 $ 904,500.00 97·344 to 97·362 Major infrastructures $ 1,738,000.0 $ 1,738,000.0 97-316 to 97-334 , 7- 23 - -".",-- -'--"'---'-~-"- ATTACHMENT 8 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 199_, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called IICity" f and AYRES LAND COMPANY, 550 West C Street, Suite 1750, San Diego, California 92101 hereinafter called "Subdivider"; Nl.TNEß.ß.ETH..;. WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as SUNBOW II UNITS 1 AND 2, pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install -1- 8-( .--,- _.,._---_...._-_.-~-,.,._"------ -- and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 15640, approved on the 22nd day of May, 1990 ("Tentative Map Resolution"), and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 97-293 through 97-315, on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of $4,535,500. NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"), and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings -2- (f- L __~,_ m____ ______"__._.____..____ or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5 . It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO MILLION, TWO HUNDRED SIXTY-SEVEN THOUSAND, SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($2,267,750) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit !I All and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO MILLION, TWO HUNDRED SIXTY-SEVEN THOUSAND, SEVEN HUNDRED FIFTY DOLLARS AND NO CENTS ($2,267,750) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit liB II and made a part hereof and the bond amounts as contained in Exhibit "Bill and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of FORTY-FIVE THOUSAND, THREE HUNDRED SEVENTY-FIVE DOLLARS AND NO CENTS ($45,375) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit IICI! and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the -3- 8'-3 -- ,-~-~. ---"'---^'"--"-'""--"~- improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead) , and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13 . It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such -4- 8-tf u"._ ._---.~-------~._.-- indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. [Next Page is Signature Page] -5- ~ -:) __0"..____·'. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA DEVELOPER: ACI Sunbow, LLC, a California limited liability company, Mayor Attest: By: (Name) Beverly Authelet, City Clerk (Title) Approved as to Form Of: Ayres Land Company, a California corporation as its managing member John M. Kaheny, City Attorney Approved as to Form Charles R. Gill Attorney for Developer (Attach Notary Acknowledgment) -6- <6 - G, ---,--- -~,---,---""-,." LIST OF EXHIBITS Exhibit nAil Improvement Security - Faithful Performance Form: Bond Amount: $2,267,750 Exhibit liB" Improvement Security - Material and Labor: Form: Bond Amount: $2,267,750 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $45,375 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement H: \home\attorney\ssia\sunbow. 1&2 -7- ~~7 --~----"_._------_. -~_.. COUNCIL AGENDA STATEMENT Item q Meeting Date 5/13/97 ITEM TITLE: a). Resolution / ()' ¿¡Ç;3 Approving the boundary map showing the proposed boundaries for Assessment District 97-0 I of properties to be assessed for street improvements on the 400 block of Oxford Street, b). Resolution 11T~¿' 7' Ordering installation of improvements on Oxford Street between Fourth Avenue and Fifth Avenue, ordering the Superintendent of Streets to give notice and to order the construction and setting public hearings on Resolution of Intention to form Assessment District 97-01 pursuant to the Block Act of 1911. SUBMITTED BY: Director of Public Works'¡; REVIEWED BY: City Manage~Ct ~ ........ \ (4/5ths Vote: Yes_No X ) As a preliminary step in the assessment dist£à proceedings it is necessary to request that the Council pass resolutions approving the proposed map boundary, ordering the installation of the improvements and setting public hearings on the resolution of intention to form the assessment district. RECOMMENDATION: It is recommended that the Council: 1). Approve a resolution approving the boundary map for Assessment District 97-01 for construction of missing street improvements on the 400 block of Oxford Street under the 1911 Block Act procedure. 2). Approve a resolution ordering installation of certain public improvements at the location shown on the boundary map, instructing the Superintendent of Streets to give notice and to order the construction of said improvemenls, and setting public hearings for July 15 and July 22, 1997 at 6:00 P.M. on the resolution of intention to form Assessment District 97-01. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Background: On April 22, 1997 by Resolution # 18645, Council accepted a petition for the formation of an assessment district (1911 Block Act) for the construction of street improvements, such as curb, gutter, sidewalk and pavement on Oxford Street between Fourth Avenue and Fifth Avenue. Staff has estimated the total project costs at $496,858 with the construction costs at $361,858. Approximately $31,858 of the estimated $361,858 cost of 9-/ .-.-..-,..-.---.--.,. Page 2, Itemí Meeting Date 5/13/97 construction is to be reimbursed from Ihe property owners upon successful formation of the assessment district. The construction of the missing street improvements is included in the Capital Improvement Program (CIP) for Fiscal Year 1997/1998. Subsequent to this action, staff is in the process of finishing the construction plans, specifications and costs estimates for the project and has met with the owners of the properties proposed for inclusion in the assessment district. Those property owners who were unable to meet with staff were notified by mail. The City Environmental Review Coordinator studied the pOlential environmental impacts associated with the implementation of the project and has determined this project is categorically exempt from the requirement of an Environmental Impact Report. Costs: City participation in the construction costs has been determined pursuant to Council Policy 505-01. The financing totals of $500,000 are made up of $141,500 Transportation Development Act (TDA) and $358,500 from Gas Tax funds. Design, inspection and district formation costs estimated at $120,000 will be contributed by the City. The improvements on Oxford Street extend from Fourth Avenue to Fifth Avenue including some work within those two intersections. The work would consist of grading, excavation, asphalt paving, pedestrian ramps, sidewalks, driveways together with appurtenances and appurtenant work to serve and to benefit properties located within the boundaries of the proposed assessment district. It is estimated that the following costs will be incurred for the improvement of Oxford Street: Recommended Property Costs Obli2ation of City Owner's Cost Construction $361,858.00 $330,000.00 $ 31,858.00 Design/Inspection $100,000.00 $100,000.00 $ 0.00 Assessment District Formation $ 20,000.00 $ 20,000.00 $ 0.00 Contingencies $ 15.000.00 $ 15.000.00 $ 0.00 Total $496,858.00 $465,000.00 $ 31,858.00 Staff recommends that the City pay all costs of design and inspection as well as the assessment district formation, estimated at $120,000 (direct costs), which is consistent with past practices and Council Policy 505-01. The construction cost share of $31,858 will be the responsibility of the property owners, based upon this policy and represents the difference in cost between installing asphalt sidewalk and permanent Portland Cement Concrete sidewalk. The cost of the asphalt sidewalk is being paid by the TDA funds on a grant from SANDAG. This Assessment District (# 97-01) will be formed by the 1911 Block Act to obtain reimbursement for the improvement and other miscellaneous costs in accordance with Council policy. The 1911 Act 9-2 -.--- "-----,---- Page 3, Item~ Meeting Date 5/13/97 is a financing mechanism which authorizes local agencies to impose assessments on benefiting properties to fund the construction of public improvements. To construct the project through assessment district financing, the CIP budget detail shows $141,500 from TDA funds and $358,500 from Gas Tax funds. Alternatively, the City could sell bonds in the amount of the construction costs. However, for a project of this size, it is not economically feasible to do so, consequently, the City typically advances funds for cost effectiveness. Based on the staff recommendation, the assessments for each parcel would range from a low of $372.00 to a high of $2,793.00, with 18 of the 30 assessments at less than $1,000.00. Action: The proposed assessment district will be formed pursuant to the Improvement Act of 1911 of the California Streets and Highways Code. The Code requires that the Council approve the district boundary map prior to adoption of a resolution ordering installation of the improvements. The resolution ordering the improvements, the cornerstone of Chapter 27 of the 1911 Act process, describes the details of the Assessment District including: 1) description of the work to be done; 2) description of the properties proposed for inclusion in the assessment district; and 3) time and date for public hearings on the proposed improvements and the 1911 Act procedure. The Resolutions before Council, if adopted, will approve the assessment district boundary and order installation of the improvements and schedule the required public hearings. Public Hearings: The public hearings are proposed for July 15 and July 22, 1997, and will be noticed pursuant to the Brown Act. After the second public hearing, Council may adopt a resolution to proceed with the 1911 Block Act. A schedule for this project is attached for Council information. The property owners will have the opportunity to address Council during the public hearings in July. Future Actions: 1. Although there is no statutory requirement to do so, staff will meet with all property owners again to discuss the proj ect status, improvements and its financing. 2. Two Public Hearings, as required by law, will be held, on July 15th and 22nd, 1997. Therefore, tonight's action by the City Council is not binding on the property owners in the event the bids come in higher than the estimated $496,858. After the bids are opened, the project comes back to the Council for award, the actions will include notice to the property owners of a public hearing with an opportunity to review their proposed charges. At that time, the property owners could request the Council to eliminate the districI because of the higher than anticipated costs. After construction is complele, and the final costs are known, there will be another public hearing to review, levy or protest the actual assessments. 9'3 --_.~._.~--- ---'--'.'._"0 Page 4, Item q Meeting Date 5/13/97 Deferral of Assessments: The City Council may al their discretion determine by Resolution, to allow property owners to defer payment of their assessments per section 10700 of the Streets and Highwavs Code. A subsequent section in the Code allows Council to determine the criteria that property owners must meet to qualify for deferral, and Council may also determine the procedures to ensure that the criteria are satisfied. Lastly, Section 10706 states that the amount of any deferred assessments, including interest, shall be due and payable whenever the parcel of property upon which the assessment was levied is transferred, or at other times as determined by the legislative body. On May 25, 1995, Council approved Resolution # 17980, for the Elm Alley Assessment District. This resolution established criteria for deferrals and the delegation authority to defer. The following alternative payment option (Alternative #2) was adopted by Council: Semi-annual payments (interest only) and payment of the principal at the end of a 10- year term or at the time the property is transferred, whichever occurs first. At the end of the 10 years Council may grant, on a case-by-case basis, a time extension to fulfill the payment obligations. Another payment option available (Alternative #3) involves deferring all payments for 10 years, or at the time the property is transferred. At the end of the 10 years or when the property is transferred, one payment, which includes principal and accumulated interest is due. At the end of the 10 years Council may grant, on a case-by-case basis, a time extension to fulfill the payment obligations. Both of these alternatives, Alternatives #2 & 3, will require a resolution by Council at the time of the Public Hearings, scheduled for July 15 and 22, 1997. Staff will incorporate similar guidelines used for the previous assessment district which required that interested property owners qualify under the HUD Low Moderate Income standards as contained in the City's Master Fee Schedule or have a demonstrated financial hardship approved by Council. For example, qualifying financial hardship can include, being a retired senior citizen living on a fixed income, retired, and unable to pay the assessment for other legitimate reasons. Qualifying property owners that elect alternatives #2 or 3, must enter into a deferral agreement with the City and their request for deferral must be approved by Council Resolution. The HUD Low Moderate Income Standards allow for a maximum family gross income for eligibility of $15,350 for one person in the household and incremental mcreases at approximately $2,000 intervals for each additional member in the family for up to 8 members ($28,950). An additional $1,000 annual income is allowed per each additional person in the household in excess of eight (see Attachment E). All property owners within this proposed assessment district of 30 parcels have been sent a copy of tonight's City Council agenda statement and attachments. Staff has also noticed the four Oxford Street property owners who will not be included within the district. These four 9-L/ Page 5, Item-=t...... Meeting Date 5/13/97 properties have an assessment amount equal to $0.00, since there will not be any additional work required in front of their property which already has the ultimate street improvements in place. FISCAL IMPACT: This project was originally approved in the FY96/97 budget as CIP project STL229 - Oxford Sidewalk Safety. The financing for this project (Project total of $500,000) is being funded through Transportation Development Act (TDA) funds ($141,500) and Gas Tax funds ($358,500). Assessment district proceedings will allow for the property owners within this district to participate in contributing $31,858 towards the costs of the construction, preliminarily estimated at $361,858. The estimated property owner's share will be reimbursed with 7% interest over a period of 10 years. Attachments: A - Resolution # 18645 j B - CIP Program Detail NOT SCANNED C - Boundary Map J D - Schedule of Proceedings NOT SCANN~~;~; E - HUD Low Moderate Income Standards r~-D: T SQU':;¡ ~"':'.l.), FILE: 0725-1O-AD97-01 May 02, 1997; 1l:03am H:\HOME\ENGINEER\AGENDA \AD971MAP.FXR 7--5 --------_._---.-. ExHIBIT A RESOLUTION NO. /?C.t..f~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PETITION FOR FORMATION OF A SPECIAL ASSESSMENT DISTRICT ON THE 400 BLOCK OF OXFORD STREET FOR THE CONSTRUCTION OF STREET IMPROVEMENTS BETWEEN FOURTH AVENUE AND FIFTH AVENUE (CIP #0735-10-STL229) WHEREAS, the City Engineer has received a petition from property owners in the 400 block of Oxford Street between Fourth and Fifth Avenue requesting that special assessment proceedings be commenced in accordance with the Improvement Act of 1911 for the construction of missing street improvements such as curb, gutter and sidewalks; and WHEREAS, in accordance with the requirements of Proposition 218, the "Right To Vote On Taxes Act", a ballot has been mailed to the affected property owners and more than 60% of the property owners are in favor of the district; and WHEREAS, upon acceptance by the Council, the petition will be filed in the City Clerk's office; and WHEREAS, approval of this resolution will permit staff to begin assessment district formation proceedings. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chu1a Vista does hereby accept the petition for formation of a special Assessment District for the construction of street improvements on the 400 block of Oxford Street between Fourth Avenue and Fifth Avenue and direct staff to proceed with the assessment proceedings as required by the Improvement Act of 1911 and Proposition 218. Presented by Approved as to form by John P. Lippitt, Director of JOh~~~neY Public Works C:\rs\adoxford 9-¿, ..--..--+.--"-.. ---- -.-. -"- ~~- e><:H-IßíT a 0 0 N .. .. 'i' ~ 0 0 N >- U. 0 0 .. .. q 0 .. .. N >- U. 0 0 .. .. 0 'i' .. tI> .. .. c ~ 'C >- ~ ~ u. c .- .. _ tI>~ co .fi"> 0 0 ..-'" -..0 .. .. .. ........ "I .. ~- Oc .. ;:¡ .. .. .!::!C ~ ...J :E .. >- u. ~ ..l.a: w w ..J C) W ::> « c c "z 0 0 0 0 0 0 0 w....« .. .. ::;: :z:Gj::æ .. ... . " 0 "I - '" c '" c(~ '" " u::¡.... ... ;= " "'m (/)....u .. .. 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T4fl2fJ7 Adopt Resolution Accepting Petition to Install Street Improvements on Oxford Street between Fourth Avenue and Fifth Avenue 4. City Council Meeting 6:00 P.M. T5/13f:J7 a). Adopt Proposed District Map Boundaries b). Adopt Resolution Ordering Installation of Improvements (Begin 60 days) c). Set Public Hearing on Resolution of Intention d). CEQA e). Post & Send Public Hearing Notice; Publish Twice In Newspaper 5. File Proposed Boundary Map F5/16'97 a). City Clerk b). County Recorder c). Mail Notice per GC 54954.6, publish notice (5194) 6. Plans and specifications signed M5/1997 7. City Staff Meeting with Property Owners InMay* 8. Notice of Improvement Ends (5132) (End 60 days) Sat? /12JfJ7 9. City Council Meeting 6:00 P.M. & 4:00 P.M. 17 /15/fJ] & 17 /22JfJ7 a). Public Hearings on Improvements and Proceedings b). Adopl Resolution of Inlention and Making Findings at Public Hearing pursuant 10 Chapter 27 c). Obtain Letters of Permission 10. ** Advertise for Construction Bids fW/lfR7 tj-tj OXFORD STREET SCHEDULE -2- A.D.# 97-01 ACTION DATE 11. ** Receive Bids Wi!JX'FJl 12. ** City Council Meeting 6:00 P.M. T9ÆÐm a). Adopt Resolution Accepting Bids and Awarding Contract 13. ** Execution of Contract FJf2£J/CJ7 14. ** Preconstruction Meeting - (Date To Be Announced) 9DD97 15.** Begin Construction (110 working days) MlO/06/97 16. ** End of Construction T3ÆR93 17. ** Project Closeout and Final Accounting M3f.B9! 18. ** City Council Meeting 6:00 P.M. T4/14æ a). Adopt Resolution Accepting Contract Work 19. ** City Council Meeting 6:00 P.M. 15/l2Æ a). Accept filing of Engineer's Report b). Set Public Hearing on Engineer's Report 20. ** Notice of Public Hearing to Property Owners 1lM49! 21. ** City Council Meeting 6:00 P.M. 17/14æ a). Public Hearing on Engineer's Report b). Adopt Resolution Confirming Engineer's Report c). Adopt Resolution for Notice of Lien 22. ** File Assessment Diagram WlIl5Æ a). City Clerk b). County Recorder 23. ** Notice of Assessment & Begin 30 day pre-payment period WlIl5Æ 24. ** End 30 day Pre-payment period F8114198 25. ** Due Dale of First Billing (On Property Tax Bill) Th12/1O/98 * Meeting Date will be scheduled and property owners notified. ** Dates shown are tentative, and only listed to show Assessment District procedures. (M:\HOME\ENGINEER\LANDDEV\AD971SCH.PXR) 9-/tJ , GXHIBIT E: . : APPENDIX B ! ; HUD LOW MODERATE INCOME STANDARDS No. in Household Maximum Annual Family Income (Gross for Eligibility 1 $15,350 2 17,550 3 19,750 4 21,950 5 23,700 6 25,450 7 27,200 8 28,950 Plus $1,000 annual income allowed for each additional person in the household in excess of eight. WPC:F:\BONE\GERALDY\186.112 9-// _ __ ___ _ ",....____. .____··_....,_~.____.m___.___~__ RESOLUTION NO. ¡I~~~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE BOUNDARY MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT 97-01 OF PROPERTIES TO BE ASSESSED FOR STREET IMPROVEMENTS ON THE 400 BLOCK OF OXFORD STREET WHEREAS, on April 22, 1997 by Resolution 18645, Council accepted a petition for the formation of an assessment district (1911 Block Act) for the construction of street improvements, such as curb, gutter, sidewalk and pavement on Oxford Street between Fourth Avenue and Fifth Avenue; and WHEREAS, the City Environmental Review Coordinator studied the potential environmental impacts associated with the implementation of the project and has determined this project is categorically exempt from the requirement for an Environmental Impact Report; and WHEREAS, the City Council of the City of Chula Vista, California, has been presented and has received a map showing the general nature, location and extent of the proposed improvement work, and also designating and describing the boundaries of the area proposed to be assessed in the assessment district under the provisions and authority of the "Improvement Act of 1911", of the Streets and Highway Code of the State of California; said assessment district designated as Assessment District 97-01 (hereinafter referred to as the Assessment District) . NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. That the map of the Assessment District showing the general nature, location and extent of the proposed public improvements and also showing the boundaries of the proposed Assessment District and lands and property to be assessed to pay the costs and expenses of the proposed improvements designated as "PROPOSED BOUNDARIES ASSESSMENT DISTRICT 97-01 1911 ACT IMPROVEMENT DISTRICT" is hereby submitted, and the same is hereby approved and adopted. SECTION 3. That the original map of proposed boundaries of the proposed Assessment District and one copy thereof is to be filed in the office of the City Engineer. SECTION 4. A Certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution 9/1--/ . ---,.....---... . ----- .--.".._.. fixing the dates, times and place of hearings on the formation or extent said Assessment District, a copy of said map shall be filed with the correct endorsements thereon with the County Recorder, all in the manner and form provided for in section 3111 of the Streets and Highways Code of the State of California. Presented by Approved as to form by John P. Lippitt, Director of n M. Kaheny, Public Works torney c: \ rs\AD97-1 9A/C:Z ~-_.- --- --,--~------ ...-..--- --_....__.._.~---_. RESOLUTION NO. /JY~¿.,/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING INSTALLATION OF IMPROVEMENTS ON OXFORD STREET BETWEEN FOURTH AVENUE AND FIFTH AVENUE, ORDERING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE AND ORDER CONSTRUCTION AND SETTING PUBLIC HEARINGS ON RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 97-01 PURSUANT TO THE BLOCK ACT OF 1911 WHEREAS, the City Council of the CITY OF CHULA VISTA, CALIFORNIA, is desirous to institute proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways Code of the State of California for construction of certain authorized improvements in an assessment district known and designated as Assessment District 97-01 1911 BLOCK ACT affecting properties fronting/abutting on Oxford Street between Fourth and Fifth Avenue (hereinafter known and designated as the "Assessment District") and WHEREAS, sections 5875 and 5876 of said Streets and Highway Code authorize the legislative body, upon its own motion, to order the installation of authorized improvements in front of or abutting properties with the costs thereon to be assessed as set forth under the provision of said Chapter 27. WHEREAS, Section 5131 requires a resolution of intention to form an assessment district to perform such work and section 5132 requires public hearings to hear objections by those affected by the district formation. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2 . That the public interest and convenience requires, and this legislative body hereby orders the construction and installation of certain street improvements such as curb, gutter, sidewalk and pavement on Oxford Street between Fourth and Fifth Avenue and Emerson Street in what is known as the Assessment District. SECTION 3. All of the above mentioned works of improvement shall be generally constructed at the grades, along the lines, between the points, and at the places and in the manner as shown on the plans for said work designated by the number and the name of the Assessment District, which said plans are hereby approved and adopted. For all particulars as to the alignment of the works and a full and detailed description, reference is hereby made to said plans and specifications as on file in the Office of the City Engineer. 913 - / ". -.". -......--- .._--~--_.~-"--- SECTION 4. That the works of improvements, in the opinion of this legislative body, will benefit the abutting and fronting properties within said block, and this legislative body hereby makes the expenses of said improvement chargeable upon the property or properties within the boundaries of the Assessment District, which District is declared to be the area and abutting properties benefitting by the work and improvements for a general description of the Assessment District and area of benefit, reference is made to a map of said district previously approved and said map identified by number of this Assessment District, and said map shall be kept on file with the transcript of these proceedings and open to public inspection. SECTION 5. Pursuant to the provisions of Section 5875 of the provisions of Chapter 27 of the "Improvement Act of 1911", it is hereby declared to be the responsibility of the owners of the lots or portions of lots fronting/abutting on Oxford Street between Fourth and Fifth Avenue where this legislative body, pursuant to said Section, by its own motion, orders the installation of the improvements, and the property owners shall have the duty and responsibility of constructing or causing the construction of said improvements fronting\abutting their properties to commence within sixty (60) days upon notice so to do by the Superintendent of Streets. If the work is not commenced by the property owners within said period, the Superintendent of Streets shall proceed to cause said work to be completed. SECTION 6. That all of the work and improvements herein proposed shall be done and carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways Code of the State of California. For all particulars, reference is made to said "Act", and the provisions contained therein. SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 15TH AND 22ND OF JULY 1997, AT THE HOUR OF 6:00 P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, PUBLIC SERVICES BUILDING, 276 FOURTH AVENUE, CHULA VISTA, CA., ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK OR IMPROVEMENTS OR THE PROCEDURE ESTABLISHED HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION. SECTION 8. If the work is done by the City, and if the assessment cost is not paid upon confirmation of the assessment, the City shall collect payment of the assessments, annual installments, and interest in accordance with the provisions of section 5895 of Chapter 27 of the "Improvement Act of 1911", of the Streets and Highways Code of the State of California. The number of annual installments shall be 10 and the interest rate shall be 7 percent per annum. SECTION 9. The Superintendent of Streets is hereby directed to notify the owner or person in possession of the 9g-c2 ,.. . .----~...-. . .__.__" .._·.w.......______.._..._ _ ....__ properties fronting/abutting that portion of the street in the block where work is to be constructed and directing them to construct or cause to be constructed the improvements within sixty (60) days after notice is given, and to diligently and without interruption prosecute to completion said work. A. Notice shall be given by mailing a letter, postage prepaid, to the property owners at their last known address as the same appears on the last equalized assessment roll used by the City for tax collection, or to the name and address of the person owning such property as shown on the records of the City Clerk. B. The City Clerk shall cause a copy of the proposed boundary map to be filed in the Office of the County Recorder within fifteen (15) days after the adoption of this Resolution setting dates, time and place for the public hearings. C. The City Clerk shall cause the Resolution of Intention to be publ ished twice, with the first publication occurring at least ten (10) days prior to the second public hearing. SECTION 10. The estimated cost to the City of the works of improvement as proposed under these proceedings, is estimated to be $496,858.00. SECTION 11. For any and all information relative to these proceedings, including the information relating to the protest procedure, your attention is directed to the person designated below: Frank Rivera, civil Engineer City of Chula Vista P.G.Box 1087 Chula Vista, CA 91910 Telephone: (619) 691-5266 Presented by Approved as to form by John P. Lippitt, Director of n M. Kaheny, Public Works ttorney C:\rs\ad97-1 9ß-3 --....--.. ---- "-'-...-----.-.----' ----------~._...._.._-_._--- ---- COUNCIL AGENDA STATEMENT /tJ Item_ Meeting Date 5/13/97 ITEM TITLE: Public Hearing Request for All-Way Stops on Terra Nova Drive at Plaza del Cid Resolution / 8"'..t~firming the decision of the Safety Commission to install an all-way stop at the intersection of Terra Nova Drive at Plaza del Cid and deny the request not to install or move the sign to a different location. SUBMITTED BY: Director of Public Work¡,r ~ REVIEWED BY: City Manager ~ (4/5ths Vote: Yes_No...xJ In November of 1996 staff received two letters requesting an all-way stop on Terra Nova Drive at Plaza del Cid from Mr. Ruben Diaz, a sales representative for Continental Homes, the Developer of the Rancho del Rey subdivision along Terra Nova Drive. In response to the request staff evaluated the intersection and recommended approval of the all way stop sign. On February 13, 1997 the Safety Commission voted 7-0-0 to accept staffs recommendation to install an all-way stop with a painted crosswalk on the westerly side of the intersection of Terra Nova Drive and Plaza del Cid. Subsequently, a resident and Continental Homes requested that the all-way stop not be installed or moved to a different location. The Safety Commission reaffirmed their vote to install the all-way stop at their March 13, 1997 meeting. Under Council Policy 110-09, which delegated authority to staff and the Safety Commission for certain items including approval of stop signs, when the staff and Safety Commission are in agreement as to the proposed action as in this case, the matter is considered final unless one member of the Council desires to hear the item. A member of Council has asked that the item be brought before Council for review. RECOMMENDATION: That the City Council hold the public hearing, concur with the Safety Commission's decision to install an all-way SlOP at the intersection of Terra Nova Drive at Plaza del Cid, and deny the request not to install or move the sign to a different location. BOARDS/COMMISSIONS RECOMMENDATION: On February 13, 1997, the Safety Commission voted 7-0-0 to concur with staff's recommendation to install an all-way stops at the intersection of Terra Nova Drive at Plaza del Cid and on March 13, 1997 the Safety Commission voted 6-0-1 (Commissioner Smith absent) to reaffirm their decision. DISCUSSION: In November of 1996 staff received two fax letters from Mr. Ruben Diaz (Continental Homes Sales Office) at 502 Montero Court, requesting installation of an all-way stop on Terra Nova Drive at Plaza Del Cid to control the high speed of vehicles traveling on Terra Nova Drive. Copies of those letters are attached as is an area plat (Exhibit A) /i/-/ .--_._-~-~.~~- Page 2, Item /D Meeting Date 5/13/97 In the first letter Mr. Diaz stated: "[ wish to call your attention to a very serious safety hazard that has the potential for very tragic results that could present a substantial liability to the City. " He further stated that the: "hazard in question is the intersection of Terra Nova Drive and Plaza Del Cid... ". In the second letter Mr. Diaz further emphasized his opinion that: "This intersection is an accident waiting to happen. " and called for immediate action to install a stop sign. Staff would like to emphasize that these are Mr. Diaz's opinions, that we disagree with those opinions and believe that the intersection and neighborhood are safe. One of Mr. Diaz's points included the fact that there is no sidewalk on the south side of Terra Nova Drive between Beacon Place and Continential's boundary immediately west of Plaza Del Cid which necessitates crossing Terra Nova Drive at the subdivision. Mr. Diaz indicated he believed this to be a major concern. The location of the missing sidewalk is indicated on the area plat. When the overall Rancho Del SPA plan and Tentative subdivision map were approved staffs review of the proposed plan showed sidewalk existing on only the north side of Terra Nova Drive on the previously constructed, off-site, segment. Staff also noted that in order to construct sidewalk on the south side, the construction would have required placing fill into open space and removal of natural habitat. Since this original review for the SPA and tentative map indicated that the sidewalk on the north side appeared to provide a safe route to school, the environmental constraints involved in constructing the walk and the fact that it would have been an off-site improvement, staff did not place a condition on the tentative map believing there would not be a problem. Based on Mr. Diaz' letter, staffs more in depth review indicated that it would have been desirable to have sidewalk on the south side. However, when staff contacted the developers (Both McMillan and Continental Homes) they declined staff's request for them to put in the walk since they believed it was not their responsibility. As a result of this situation being brought to our attention, staff is now reviewing all SPA plans and tentative maps for similar situations and will require the developers to conslruct such walk under a tentative map condition. At the January, 1997 Safety Commission meeting staff presented a report recommending that the all-way stop installation be denied, because of the low point total (5 out of 54) on the warrant evaluation study. Staff recommended alternative measures to help control the speed of vehicles using Terra Nova Drive. These measures included the installation of four 35 MPH pavement legends and several "Speed Enforced by Radar" signs. All residents of the area were noticed of the subject and meeting, but no response was received at the January Safety Commission Meeting from the public. The Safety Commission voted to table this item until the February 13, 1997 Safety Commission Meeting and requested additional information regarding the missing sidewalk on the south side of Terra Nova Drive between Plaza Del Cid and Beacon Place. Based on the further evaluation in response to the Safety Commission's input, staff determined that it is unlikely that construction of the permanent sidewalk on the south side of Terra Nova Drive will occur in the near future, and due to the terrain and sensitive habitat, may never be constructed. This sidewalk would be necessary to provide a path for school children from the Continental Homes subdivision to cross Terra Nova Drive at the controlled intersection of Beacon Place and Terra Nova Drive. Even though staff recognized that the number of children walking /¿J-~ . "---...--...---- -- .~---""_...,.._---_..._---- Page 3, Item 10 Meeting Date 5/13/97 the lh mile to Clearview Elementary would be minimal in number, there appeared to be a need for a more immediate solution to provide a route to school with continuous sidewalk and a controlled intersection street crossing. In addition, due to the number of homes fronting Terra Nova Drive it appeared desireable to locate a stop sign at this intersection to provide a break in traffic for the residents along that street. Last, also because of those homes fronting on Terra Nova and the input from the residents of the Hidden Vista neighborhood which indicated that much of the Rancho Del Rey traffic was using Terra Nova and Hidden Vista as shortcuts it appeared desirable to encourage motorists to use the more direct route along Del Rey Boulevard from the Rancho Del Rey residential area to East "H" Street. At the February meeting, based on the foregoing analysis, staff recommended that the all-way stop be installed at Plaza Del Cid and Terra Nova Drive. Again, all residents were noticed of the February 13, 1997 Safety Commission Meeting that the subject of the all-way stop was being discussed. Although the intersection clearly did not meet the warrant for an all-way stop based on the point system, there were other factors that led to the staffs recommendation and concurrence by the Safety Commission: 1. A 24 hour speed and volume count indicated a west bound 85th percentile speed of 40 MPH (1,550 vehicles) and an east bound 85th percentile speed of 45 MPH (1,370 vehicles). Terra Nova Drive is posted for a maximum speed of 35 MPH. The design speed is 36 MPH based on the horizontal and vertical alignment of the highway. Motorists are traveling at a speed in excess of the design speed, which is a condition that is not readily apparent to the driver. 2. The estimated cost to construct the permanent sidewalk on the south side of Terra Nova Drive is $50,000 to $75,000. The developer has declined to participate in the funding and a City Capital Improvement Project would require an indefinite period of time if the necessary funds could be identified from our already stretched street related CIP budget. As more families move into the area, the need for a controlled crossing or a pathway to a controlled crossing will become more critical. The school district estimates that 150 children will reside south of Terra Nova Drive at full occupancy. 3. Residents in Rancho Del Rey living east of the subject intersection are using Terra Nova Drive as a short cut to reach East "H" Street instead of using Del Rey Blvd. The all-way stop intersection is intended to encourage traffic to stay on Rancho Del Rey Parkway and reach "H" Street by way of Del Rey Blvd. 4. The all-way stop control location is intended to be a temporary crossing for school children and pedestrians until a walkway is provided on the south side of Terra Nova Drive. The subject intersection is also intended to be a test location to measure the effects of the all-way stop control on speed and volume. Traffic Engineering has collected /¿fJ-.3 __n_"' ._.._.___._____.___ Page 4, Item /0 Meeting Date 5/13/97 "before" data and will collect "after" data, when the stop control is in place. The location will be re-evaluated for need of all-way stop control if the walkway is ever installed. An additional concern is that since this stop sign is not fully warrented under the approved Stop sign warrants, staff will also evaluate whether or not people obey the stop sign. Council may recall the difficulty in getting individual drivers to obey the stop sign on Rancho Del Rey Parkway at the entrance to the Tour de-Elegance. At this meeting the Safety Commission voted 7-0-0 to accept staff's recommendation to install an all-way stop with a painted crosswalk on the westerly side of the intersection of Terra Nova Drive and Plaza Del Cid. After the February Safety Commission Meeting staff received two requests; one from a resident and one from the developer, Continental Homes, requesting that the all-way stop not be installed on Terra Nova Drive at Plaza Del Cid, or moved to a different location. At the March 13, 1997 Safety Commission meeting, staff recommended that the commission deny the requests and direct staff to proceed with the installation of the all-way stop at the subject intersection. Mr. Carlos Tirado, the property owner at the northerly side of the intersection, requested that the all-way stop approved to be installed at this location by the Safety Commission on February 13, 1997 not be installed. The property owner's objection is that traffic queuing at the stop sign in front of his home would keep him from entering and exiting his driveway safely. Additionally, the stop sign would have a visual impact as it would be installed in front of his large front room window. Staff met with Mr. Tirado at the subject intersection on March 11, 1997 to discuss his concerns . It is staff's opinion that the all-way stop intersection will provide a safer traffic condition for entering and exiting his driveway. Currently, traffic is passing his driveway at 40 MPH in the west bound direction, and 45 MPH in the east bound direction. The visual impact of the sign post can be mitigated by placing a green sleeve over the post. Staff has also received a request from Mr. Chris Chambers of Continental Homes, who is also Mr. Diaz's supervisor, requesting that the location of the all-way stop be moved to the western extremities of the subdivision, which is approximately 200' to the west of the Plaza Del Cid intersection on Terra Nova Drive. A plat showing the proposed location is attached. Staff does not support the proposed location as it is not standard practice, nor is it in compliance with CalTrans Traffic Manual Standards to install stop signs with crosswalks at a mid-block location. It is staff's understanding that Mr. Chambers knew, and supported, Mr. Diaz's original request for the stop sign at Plaza Del Cid. Staff has also been asked to explore the possibility of providing a walkway on the south side of Terra Nova Drive within a portion of the existing roadway. By relocating the existing guardrail (which is located south of the south curb) 6 feet into the roadway pavement, a 4 foot walkway could be provided behind the guardrail for a distance of 850 feet. In addition, a 4 foot asphalt walkway could be constructed where there is sufficient space behind the south curb. The walkway would then be continuous from a point where the existing sidewalk terminates west of Plaza Del )éJ-( --,-_..._.... Page 5, Item /0 Meeting Date 5/13/97 Cid to the controlled intersection of Terra Nova Drive and Beacon Place. The estimated cost of this work, including changing the lane lines is $22,000. This work would preclude the need for the all-way stop control at the intersection of Terra Nova Drive and Plaza Del Cid. However, this "quick fix" does not meet ADA standards in !hat additional curb ramps would also have to be installed. This work would cost approximately $2,500 more. Also, the area could not be properly swept and maintained because mechanical equipment could not access the area. As a result, the walkway would either become an expensive hand maintained area or would collect dirt and debris. Therefore staff does not recommend this solution. Based on the evaluation and considerations detailed above regarding the apparent need for a more immediate solution to provide a route to school with a continuous sidewalk, the desirability of providing a break in traffic for homes fronting on Terra Nova Drive, and the desire to encourage Rancho del Rey traffic to use a more direct route to East "H" Street, staff reaffirms its recommendation to install the all-way stop at Terra Nova Drive at Plaza del Cid. All residents in the area directly affected have been notified of tonight's meeting. Fiscal Impact: $500 for signs and striping changes if the all-way stop is installed. $22,000 if the walkway is installed along the south side of Terra Nova Drive between Plaza Del Cid and Beacon Place and $2,500 more if ADA ramps are installed. A_"""/ Are. P,,", (fuhib" AI Faxed letters from Ruben Diaz dated 11/12/96 and 11/23/96 Letter from Chris Chambers dated 3/20/97 Fax from Chris Chambers &, Safety Commission Report and Minutes dated 1/9/97 ~ Safety Commission Report and Minutes dated 2/13/97 Safety Commission Report and Minutes dated 3/13/97 File: 760-95-CY029 H:\HOME\ENGINEER\AGENDA\A WSTERRN,EAF May 7, 1997 (2:53pm) )?J¿ _...~_.."_U ~'"....._...,---"~ RESOLUTION NO. /fßtf.5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REAFFIRMING THE DECISION OF THE SAFETY COMMISSION TO INSTALL AN ALL-WAY STOP AT THE INTERSECTION OF TERRA NOVA DRIVE AT PLAZA DEL CID AND DENY THE REQUEST NOT TO INSTALL OR MOVE THE SIGN TO A DIFFERENT LOCATION WHEREAS, in November of 1996, staff received two letters requesting an all-way stop on Terra Nova Drive at Plaza del cid from Mr. Ruben Diaz, a sales representative for Continental Homes, the Developer of the Rancho del Rey subdivision along Terra Nova Drive; and WHEREAS, in response to the request, staff evaluated the intersection and recommended approval of the all way stop sign and on February 13, 1997 the Safety Commission voted 7-0-0 to accept staff's recommendation to install an all-way stop with a painted crosswalk on the westerly side of the intersection of Terra Nova Drive and Plaza del Cid; and WHEREAS, subsequently, a resident and continental Homes requested that the all-way stop not be installed or moved to a different location; and WHEREAS, the Safety Commission reaffirmed their vote (6- 0-1 Commissioner smith absent) to install the all-way stop at their March 13, 1997 meeting; and WHEREAS, under Council Policy 110-09, which delegated authority to staff and the Safety Commission for certain items including approval of stop signs, when the staff and Safety Commission are in agreement as to the proposed action as in this case, the matter is considered final unless one member of the Council desires to hear the item; and WHEREAS, a member of Council has asked that the item be brought before Council for review; and WHEREAS, staff recommends that the City Council accept staff's report, concur with the Safety Commission's decision to install an all-way stop at the intersection of Terra Nova Drive at Plaza del Cid, and deny the request not to install or move the sign to a different location. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby reaffirm the decision of the Safety Commission to install an all-way stop at the intersection of Terra Nova Drive at Plaza del cid and deny the request not to install or move the sign to a different location. Presented by Approved as to form by John P. Lippitt, Director of Public Works /¿fl-~ C:\rs\stopsign.tnd - --.--.-.--. "-- _.~-_._.__._-.~ ¡ To: City of Chula Vista ~ Safety Commission From: Carlos Tirado 701 Terra Nova Drive Chula Vista, Ca. 91910 Date: March 13, 1997 Re: Request that Stop Signs at the Intersection of Terra Nova and Plaza Del Cid not be installed or moved to a different location. I am requesting that the City of Chula Vista and Safety Commission reconsider the recommendation to proceed with the installation of the all·way stop at the Intersection of Terra Nova Drive and Plaza Del Cid. I have lived at my current address since September 1996 and have not experienced any problems with the current traffic flows. As documented in the February 13, 1997 Safety Commission meeting, This intersection fails the minimum points required to justifY the installation of an all way stop. This intersection has an excellent safety record even with all the construction traffic. The current Safety Report indicates that approximately over 3000 cars travel on Terra Nova Drive in both directions. Additionally, as the developments in Rancho Del Rey continue, traffic volumes will increase as more drivers use this route. I doubt that drivers will be discouraged fÌ'om using Terra Nova Drive after the Installation of the Stop signs. The current proposed location of the Stop sign is immediately in fÌ'ont of my property, 10 feet west of my driveway. One car Stopped at any given time will partially block my driveway. Two cars stopped block 3/4 of my driveway. With the current traffic counts taken and documented, I can expect to have Cars queued in fÌ'ont of my house obstructing the entrance and exit fÌ'om my home at any given time which I strongly feel poses a safety problem for my family. IfanytlÌing were to happen, I couldn't blame anyone but the City ofCbula Vista for placing the Stop Sign at this location when Clearly the Safety Reports indicate that this intersection doesn't merit a Stop sign on Terra Nova and Plaza del Cid. With an increase in traffic expected, I can expect these numbers to grow along with congestion. noise, and pollution in an area that currently has flowing traffic. The real issue is speed control and providing a crosswalk, not stopping traffic. Consider Hidden Vista, No Stops signs till it intersects Terra Nova Drive. Yet Clearview Elementary School and Terra Nova Park, places where children concentrate are on that street. Is the crosswalk on the intersection of Hidden Vista and Woodhouse unsafe because of the lack of a Stop sign at that crosswalk? To my knowledge there are no traffic counts there but I can bet that most of the traffic that is on Terra Nova Drive is fed into Hidden Vista and Vice Versa. There are other measure The City of Chula Vista and the Safety Commission can consider. Such measure are: Reduce the traffic speed fÌ'om 35 MPH to 25 MPH on Terra Nova Drive Paint 25 MPH pavement legends adjacent to the Speed limit signs Install the "Speed Enforced by Radar" signs Provide Police Enforcement ofthe Posted speed limit Paint a crosswalk on the westerly side of the intersection of Terra Nova Drive and Plaza Del Cid If this is not acceptable then I ask to reconsider the location ofthe Stop sign. I would recommend that the City of Chula Vista and Safety Commission place the Stop sign at the property line between lots I and 2. This is a distance of 50 feet East from the proposed location. Sight fÌ'om this location is clear in all directions and Placing the Stop sign at this location will prevent the obstruction of my driveway and give safe entrance and exit fÌ'om my home. Carlos Tirado. Figures: Most traffic in my best guess would be from 6AM to 6PM IC ,-? nH ....~_...._.,,_.._.._..,._..__._---_._-_._..".,-,---- 1370 cars traveling East. ~ 1550 cars traveling West. 1550/ 12= 129 cars per hour 129/60 = 2 cars per minute Ù to ()¡¿ _ t>U~2A))EL CI.b " G; ·M~~ _~~~:b - .¡; I..¿~ I ;:-¿ . . I , _ PCA2.A D~t.. CID . , )(; '-CÞ~ . _ ~\Å"tl.. ~\ C ,0 · rll::,.. - _,øI'1Þ1 p.a. (ÙP ~~ _ ?~LeCú( ~ î~ pLca~ Gel úcr, ~ ~.>--- _ f ll'!z~ lJé'L c: [ D }e- .. 1<-a-~ }Îo~~ ~~'"'- ~¥~ ~kuJer-¿- ,ç&.v\é1+-'01i1~ ~ _--Vlttu-- l:>t-t GeL q¡'fl"" -/~¡r~. _ ?~~ed) . ?'rïí~ ~~~ 'r? .. fltWi de/. ~ !f} ~ð -----....---..-..------. - #/¿:/ . - _..,- - :::-<;¡>(T.~ '. ':""'JI.:,;CjY¿ l..:i"ë ". \. \ '- -<;;;:¡ '. r- - ,---." ~ ..... "'" ::t '>< . '[..1. z - , 0 --- () ~ F- 1:J ::J ~ CJ) -¡: <; <:f-o-t:: a: ~ :1-t 1:J i- -U- ~ - . Z _lõ:~ - çf)O . Q. - .. ~ I <1 . ~ ...,. - . --1 LL .- ~g< '-")~..!r C!: 1")"-- . \"') "1 ... :1 ~ , -L <t ...!..:3~, _r, H'\.3 " 1:J ...J l- I- '. . .J 0 '" 0 - - - t) 0 :>. \:J ¡ ) ~ .,.. ,.. t:: ~ . <!. ~ ::E \:J t: .J ~ '" t) \:J - ::i c: \:J c: .J '" \:J 0 '-j - .../ >- \ c - '1. - . ~ ~ Y' ........ ',~ " -- , - 2- --- .---. ---" -~- -'-"'- ---.- -~-,._...._._-_._._.- ... ......~'.....'"'.. O=;J~:Y Director of ?uj:ii: WOoks ,[ City :;;f Chula Vi;;:a ' ..- ..... ..... L 707 ¡:: Street , Chu!a Vista, 91910 I .' November 12,1996 - I ; I VIA FACSIMILE to '# (619) 691.5171 I , . . i I , . Dear Mr. Swanson , I have œen advised to wrile this letler to you. However, if the subject matler'of this ¡e~t.~ conœms any othe:rdepartments withi(1 the city of Chu!a Vista I would apredate Y'j'~r , forwarding this letter to them or letting me know so J can do so. ¡ . I wish to call your attention to a very serious safety hazard that has tha potential for VB<y tragic results that could present a substantial fiabiflty to the city. The hazard in question is ¡he Intersection of Terra Nova Dñve and Pizza Del Cid in if:::. .. community of Rancho-Del Rey. On aproximately Saturday November 2,1995 a j~i::,,~::., riding his bicycle and attempting to cross this inlersection was r.it by 2 car. Fortun;::-ë:y the car was able 10 evade Ihe child and jusl caught the rear end of ~;e bicycle thr(;\;,.:, 0;- the chijd off the bike, The boy was banged up and severely shak:n up. ..-, , Atragic result was averted because the driver was alen and 'was nút Going to fast T~I¡'". ,. ----..... .} '. not t;e' case with about 70% of the traffic that speeds by the intersection. A.IIhougi; ~,;" street is posted at 35 mph speeds in excess of 50 and 55mph a;c qUitecDmmon, '::_': problem in made worse by the fact that thi~ .inlersec-Jon is ¡ocaled ,;od ~he end of a c:.::",..~ and compounded by it being at the bottom of a hill. I Have tried it myself. and it is not possible to cross the street i:t a leisureIy pace Vr~'¡;;'. 1raffic comes over the hill and then proceeds down the hill at " high rate of s~:.=:', Needless to say. the intersection lacks a stop' sign. Children ;;om our subdivi5¡,=,ó'; . Pamplona, will he crossing this sireet on 'a regular basis going back and forth to sch,;,-:: at Cleaiview ek:mentary. It is necesary for anyone wanting to w"lk eaõt On Terra Nc>':-.i . Drive to cross the street because there is no sidewalk on the 'soujh side of the street : ' , . ',' .". '-. - .. : :_: .. .... - . . '. . .' . .... ~.. /. . '. ContinentaJ Hòmes.· ålong with many other homeowners, has in Ihe past expressed it' ,. conCern about. this hazardous situation, To date no measures have been taken :ü address this ·problem.' We hop'e it does nol1ake a fatal result.-for the city to ,,,;;,,, corrective measures especiany in fight of the fact that numerous v¡arnings and re~u=:",,~ have ~en made for the city to take actiDn, Please let me know how we can be; of help in aiding you address t~lis situation, You c.::~ . reach me·af. (619) 482-4300: Ci~.:'i···· .. . .. . ...-.... :....\ ¿) at Paniplona. 3 .. .. ---.-.---,-.. -_._.._~- ---.-- ..-.-.- .-- - , 4 ----~_.- _._._----_..-.- (... C" . C' , \T'- J.y Ci j)~.a JS¡C 707 F SI:eel ::' . Chu1a Visfa, CA 5191 a .- . Nov2mb2r 23,1995 - VIA FACSIMILE TO # (515) 591·5171 Dear Mr. Swanson .. , I am writing you to follow-up on our phone c:onvers21j~n of last Monday, November 18. In Ihis c:onversation you stated Ihal Ihe tone of ¡;¡y previous letter 10 you \'/,,$ not Warïanl2d and that som2 of the statements that I made in this 12tter were intIamafc'Y. I take issue wiih you in that the tone of my letler is warranled because it's PUrpOS2 is to focus 211ention on a problem Ihat does exisl but that you al'S obviously not aW2:: of. You sta:ed th2! the inl::rs~ctiDn at Ter.o Nova Drive and Plaza del Cid was in an . bad!.e subdivision or. .. This is r.ollh2 case. To dale 1D families have moved inlo homes on Plaza del C:d. We expect 10 more famiñes 10 move in over the õ:ext 2 months and 53 tolal 'homes ~c be . :x;::;upi:d by this time next year. A substa01!ial amount of t';ese famili2s hav::! S:r;êU '-'. elem~nlarý school age children thai win b2 C:OSsil1g this intersection on th~ V¡ê'i to CleaiV1ew Ele.mentarj. ..-..... 1 ;: Also, some of my statements may well be infiamalory, but they are true, This sed;ë:>" of ï erra Nova Drive is an accident ....-ai!ing to happen. We ar2 all lucky th,at the litt!e boY' ~';3!' was hi! did no! suffer serious injuries. Tnis situation calls for imm2diate action in 1ha fcom of a slop sign. You me..tioned that this inters:::::icn rne::!s al/ line of site and tmffic depë:;t:y;er.t rsqui.eri1ents and that you do no! see a ne2d for a stop sign. This )TIay be so, but I would like you to. c::Jme over here at rush hour and try !ò cross the street hoJdin¡¡ L'le hênd of a small child. Maybe this will shed some fighl on the inadequacy of eVõlt:êting' the safety of our ciiilÒ:en bas2d on engineering c:aiculations. ..... I also ~derstoi:id from o~r conversation that a traffic studywili b2 'made: arid Iheir ,,,suits. will be presented 10 the safety c:ommission. I urge you to put this on a fast track ~;:¡ W2 may resolve this situation as soon as possible. .. q~" c, ôI (S19)482~3DD' I~" b, ofh"p. ~~. . . 'R . en i~:. . '. '. . Saies R::pr2s3nl~Iive '\) . at Pampbn~ _:, cc: M3YC; - Shir!~y' Hûi'îon . -- , .5 ---~-,-_.._---- , o .---.,. --~--- --..-." -. Continem.aJ Homes - 12636 High Bluff Drive, Suite 300 San Diego, CaliforrUa 92130 .' (619) 793·2580 March 20 1997 Fax (619) 793·2575 , The Honorable Shirley Horton Office of the Mayor , 2764thAvenue Chula VISta, CA 91910 o. Re: Stop sign at Terra Nova Dr. and Plaza del Cid Pamp10na Neighborhood, Rancho del Rey Chula VISta Dear Mayor Horton, .- On behalf of Conrinental Homes, the builder ofPamp1ona at Rancho del Rey, and at least two homeowners in Pamplona we wish to appeal the decision of the Saferv Commission at its March 13, 1997 hearing regarding the "reaffirmation" of the placement of the referenced stop sign. - - . ) Thank: you for your attention to this matter. Yours very truly, ~~ - Christopher J. Chambers cc: Mr. & Mrs. TIrado Mr. & Mrs. Paladino Craig Ful'lI)'a.maIMcMillin Cpmmnnrties Gena Franco/Chula VISta Traffic Dept. . - 00 . . ./ . :', '. J.o~~·o .. c. .:::'.:;, -{of> '.:.: .', >.,I-~., £,,'" .. -. :...;......: . .:..... . .7 . ..../ _.._---..~_. ....--. ..-..__... ._--~- C D . ., -= -. -, I I ~i :"::::¡ - - '" .. 0 ~ '" ~ '. lq~~ I~I¡I i8 ~ .. - ~ .. ~ ::" õ " ~ '" ~ . I~ I~ [I I -. -c- . .c --. ~ì I§; ~ ~ ~. I I . . ~I II I ~I ~ I i -** "- (I .. I ,I ! 1 .-1 I .J;.¡. ~ . " ..C\\ ! o 0 i . '; ~ ~ ! \\\~ , , - :) . ~ , ; ; ¡ : - , ~ ~¡;; % £ .f.17- 0 & ~ .' 0 \:I' .- :;.. - ;::; - ~- - ~cho - - ¡;; -- - '. "1- . -~ J:> :;:~ ~ . .[~ GI ã~ :::r.." - '" I[ - ~ - 0 ~I ~ . . C ~4 17_ .. .. ~ ~. :.(;") ;:>1 :: :o~ Ç;). _0 -. >1 -e - " J ~ ~- .. c. Z ,.. 1\ ~~ ".. rJ¡ ~ '" 8;- '., = ¡....... "-- .' 01.... - . ~ ~ . ;F< ;;-.' c:;~ G:- ::'" '" C ".¡; -=.. r- ~ =r: -2:: ;:> " .~ ~ ~ ;<J '> 010::: ~~ ~ = - -c· - ~:: - ...- Of; ~ - oc- µðntl - ~'" " - ...~ - '. .~- ~ ~ - !::::> D -- , 7 - - ....- --- .~.u -- ~.... -- SAFETY COMMISSION AGE!\:1)A STATEMENT , , , ' Item 6 Meeting Date 1/09/97 ITEM TITLE: Report on All-Way Stop Request for the Intersection of Terra Nova Drive and Plaza Del Cid , SUBMITTED BY: Senior Civil Engineer ti/&j '. Staff has received two letters from Mr. Ruben Diaz, 502 Montera Court, requesting that an all- way stop be installed on Terra Nova Drive at Plaza Del Cid to control the high speed of vehicles traveling on Terra Nova Drive. RECOMME!\'DATION: That the Safety Commission deny the installation of an all-way stop at the intersection of Terra Nova Drive and Plaza Del Cid and direct staff to install four "35" MPH pavement legends and several "SPEED EJ\TfORCED BY RADAR" signs. DISCUSSION: . Staff has received two letters dated November 12 and 23, 1996 frorri.Mr:: Rube1Ï:Qi~J.~questing ,that an all-way stop be installed at the intersection of Terra Nova Drive and Plaza Del Cid in order to reduce the speed of Terra Nova Drive vehicles. Staff has completed an all-way stop evaluation for the subject intersection of Terra Nova Drive at Plaza Del Cid. When considering an intersection for an all-way stop control, several factors are looked at to determine the need for installation. Pedestrians and vehicle volumes, accident history, and physical factors such as sight distances, speed of vehicles, and roadway alignment such as curves and topography are all taken into consideration. The intersection of Terra Nova Drive and Plaza Del Cid is a T-intersectiQn with an existing stop sign, stopping northbound traffic on Plaza Del Cid for east/west Terra Nòva Drive traffic. Terra Nova Drive is a meandering Cla'Ss IT Collector street which generally runs in a north/south alignment, except in the vicinity of the subject intersection where it runs in east/west direction. Therefore, in the evaluation, staff has assumed eastbound vehicles to be on Terra Nova Drive heading towards Rancho Del Rey Parl."Way. Conversely, the westbound vehicles would be heading downhill towards East "H" Street on Terra Nova Drive. In the vicinity of the subject intersection,;¡)!?p!J:)eLCiifiS{36~W1(ie two lane residential cuI-de- sac with parking allowed on both sides of the street. This cul-de-sac extends southward from the south =bIine of Terra Nova Drive. Plaza Del Cid has an estimated average daily traffic (ADT) of 125 vehicles per day since only about half of the 21 newly constructed homes are occupied. 'iVhen the cuI-de-s~c!!!,,!!;1:_homes are~ccupied, the ADT is expected to be approximately 200. Te'T<i~ NõVã Dnve m this vicinitY ïi 52~ widecurb .!? ~rb. Çl~s II,Çoll~ctor roadway with a 10' wide painted two-way center left-turn lane: Parking is allowed along the north side of the street where single family residences fromt on the street. Bicycle lanes are provided along both sides 1/ ---"- .. --.....-....-----,,---.-..- Page 2, Item 6 Meeting Date 1/09/97 - of the street. Traffic counts recently completed near the subject intersection, show an ADT of approximately 2,920 vehicles per day on Terra Nova Drive. In accordance with Council policy, an all-way stop warrant evaluation for the subject intersection was completed by staff (see attachment). This evaluation which assessed points to various traffic factors, revealed that this intersection received a total ot~p"ójj;ït.š:Q1Kóf ª.pº~jblë 54· p0Í?~. Thirty points are the minimum needed to justify the installation of an all-way stop.', . A review of the accident history for this intersection shows no reported accidents. It should be noted that this intersection has only recently been constructed and has been open to the public for less than one year. Therefore, staff cannot provide any significant accident history for this intersection. The statewide average accident rate for similar type T-intersections is 0.11 accidents per million vehicles entering the intersection. Using the most recent counts of 3045 vehicles per day entering this intersection, accidents for this intersection and others of similar volume can be expected to occur approximately once every 8.2 years. There have been no reported accidents during the short time that this intersection has existed. Staff does not have any information regarding the bicycle versus vehicle accident mentioned in Mr. Diaz' letters. This entire subdivision is not expected to be built out until sometime in 1998. A review of the accident history for Terra Nova Drive for the period of January 1, 1991 through October 31, 1996~ho~~;r~P9!1fft':á¡:ë:idents'; One accident occurred at each of the following locations, the intersection of Hidden Vista Drive, the intersection of Kiley Road and the segment between these two intersections. The primary collision factor for the intersection accidents was failure to stop for the stop sign and a southbound vehicle making a wide right turn into Kiley Road sideswiping an eastbound vehicle stopped at Kiley Road. The segment accident involved a noI1hbound vehicle in which the driver fell asleep and struck the west curbline and the irrigation meter control box along the west side of the slreet. This last accident occurred at 5: 11 A.M. mRÏffÕfthë~ã"èé:idëpts ""erë: speéd-iëläiëd:=I Available sight distance at this intersection was also· investigated for each of the three intersections within this subdivision: Plaza Del Cid, Del Cerro Court and Montera Court. The results of the sight distance investigation was found 10 be clear for the following distances and directions: Plaza Del Cid: 640' to the east and 825' to the west Del Cerro Court: 260' to the east and 700' to the west Montera Court: 300' to the east and 400' 10 the west The following stopping sight distances are required per the CalTrans' Hivhwav Desi¡yn Manual based on the speed of vehicles observing an object in the roadway 6" in height: I .d- , -- ----------_.._'. --.' ~~-_...._--_._,-,------- Page 3, Item 6 Meeting Date 1/09/97 - - .' STOPPING SIGHT SPEED LIMIT DIST ANCE REQUIRED 35 MPH 250' 40 MPH 300' 45MPH 360' , 50 MPH 430' For the posted speed limit of 35 MPH on Terra Nova Drive, a minimum stopping sight distance required is 250'. Based on the prevailing 85th percentile speed of about 45 MPH for eastbound Terra Nova Drive vehicles, a stopping sight distance of 360' is required. Both approaches to the Plaza Del CidfTerra Nova Drive intersection have available sight distances which exceed the required minimum.. Since the subject intersection has an excellent safety record, relatively low traffic volumes, and there is no demonstrated congestion or pedestrian crossing problem, staff recommends that an all-way stop not be installed. Mr. Diaz has suggested that installation of stop signs at this intersection would slow down the speeding traffic on Terra Nova Drive. This would certainly be the result within approximately 150' to 200' of the location of the stop signs. However, studies have shown that stop signs do not reduce speeds at a distance of more than 200' from the stop sign. Speeds tend to increase mid-block to a level higher than before an all-way stop. Thus, area residents living over 200' away from the stop sign may not encounter any decrease in vehicular speeds but rather may see an increase in speeds in the vicinity of the intersections of Del Cerro Court and Montera Court. The letter also mentions the need for a pedestrian crossing point for children which will be attending Clearview Elementary School located almost 0.6 mile to the south on Windrose Way near Hidden Vista Drive. Those students living south of Terra Nova Drive who walk to Clearview Elementary will need to cross to the north side of the street where there is continuous sidewalk. However, at this point, staff is not recommending any additional crosswalks in the area due to the false sense of security younger and elderly pedestrians have when crossing the street within marked versus unmarked crosswalks. Listed below are the results of the speed surveys conducted by staff on Terra Nova Drive over a continuous 24 hour period. Staff has included an attachment which contains a defmilÍon of the key words in the table. SPEED COUNT SURVEY RESULTS WESTB01Th'I) (WB) & EASTBOUND (EB) TERRA AVG. 85th% MEDIAN MODE 10 MPH %IN NOVA DAll.Y SPEED SPEED SPEED PACE PACE DRIVE TRAFFIC MPH MPH MPH \VB 1550 ADT 39.82 35.22 35 29-39 76.43% II II EB 1370ADT 44.70 38.84 37 35-45 81.08% /y -----~ ._._.__._--------~.- Page 4, Item 6 Meeting Date ]/09/97 '-. .- . .' Results of the speed surveys also revealed that there were no vehicular speeds recorded in excess of 55 MPH during the study period. The speed survey does show that for the range of speeds 1:ietween·_45. to 54~MPH:~ thêr'ê.~è:43/1550 W.éstböund;and~18311370· êãstboùnd~VeïÏiëJês witbili'. ~(farigê.which ï:'êpfëiêhtš·,2;nr,câñd'::'1)':;3'6%"&J)lie; daily total by 'direction, respecti-;ciÿ. '.-- In conclusion, staff does not reco=end the installation of an all-way stop at the mtersection of' Terra Nova Drive at Plaza Del Cid. However, staff does reco=end the instaIlation of."fourliis. ~,~ ~.'-._-. l1l:1f'IrpÊ-~~~leg~l!dS'ádjaêënÚò~ili¿èXistiñgJp'e~ limil signs. These pavement legends will make the motorist more aware of the posted speed limit. ~dìn.oJ:Í,~tãff can ilio ifi.Stal1 s~effi? tâPEEIiE.NEC)RCED:B'Y;RN;?AR;si~ at Strn~glC lC>g\t!ons-w1ii.ë.J:¡wljen cQ..lI!Jim~ witIiPõlièè7[ epforcement: of1!ìe: posted, sp-e.~d· ] ¡Tnit should: aIlevi!!.te~ tEe. sp-l;,ëâingJ;y _ vehiclëš-š All area residents have been notified of tonight's Safety Commission meeting. TISCAL IMP ACT: If installation of the all-way stop is approved, the cost is $500 to install two SlOp signs with limit lines, two stop ahead signs with temporary warning lights, and pavement legends at four locations. Cost of painting pavement legends "35" is $200, four at $50 each; cost .- for "SPEED ENFORCED BY RADAR" signs is $150, two at $75 each. Attachment: All-Way Stop Evaluation With Accident History Area Plat Engineering/Traffic Survey For Terra Nova Drive Glossary of Terms Letters from Mr. Ruben Diaz dated 11/12/96 and 11/23/96 Speed Count Surveys ~~-6 , \o('õ"~ .toe File No.: 0760-95·CY029 ldo(~- ,~ "'>~~-<.. ""'^- MID:fxr --\>. ~~. . '1 M:\HOME\ENGll'\EER\SAr:ITY\PDELCID.FXR - ~"""'''':\ . t . +~e. c....5( J-6-J' , :;,{ r- \Jaõ: '70 , rl ~ 7(~ @'vL . \.t-<.-~ .. \) "";o:u.- <9~ t ~. - ðÿ- --~ t('~c.......e,.P &/+-~ . 1'1 (f ~~ . ..--.-------...-..- ".-....-- COUNCIL POllCY CTIY OF CHUlA VISTA ~ suro-::.cr . . POUCY E:FFEC'I1VE -.-. 'þ..._- . ALL-WAY STOP ~ ,t":!'" '. - 478-D3 04-23-91' 1 of 9 AOOP"IED.BY: Re'solution No~ 16147 .. "\'.. DA~ . .04-23-91:" .~. .' -.. - - .,. -. . '." .." B"CKGROUllD '.. " . '.. - - The CalTrans Traffic Þ!anual' and. the Þ!a'nua·l on' uniform Traffic Control' Devices list criteria in. det~nÍ1iniñg' the 'need for in' al1.....ay· stop. Actual need. for an a11.....ay is.detennined.by a~.e~gineering.study ..hich. examines: the speciaV characteristics of the site.~···,:···· .- . . ", '. - '.' .. .... -. . þ'- . . "ll.....ay stop"si9ns"åre verÿ'restrictive coñtrols since· they require all motorists el!tering the. intersection to stop at all times.· When stop signs are installed for speed. control and/or' there is no' apparent traffic reason for the' .stop (little òr n~ cross traffic). lIoterists regard the stop si gn . as' an unnecessary'. impediment .and often til!leS do not mke a complete stop.' When this occurs the expectations of other drivers and pede'strians are altered. thereby jeopardizing the safety performance of ... the intersecti on. "1 though speeds ..i 11 be 10'lter in the vi cini1;y of the stop. speeds will be higher midblock as I!Otorists ~ry to'lIakeup for the time lost at the unwarranted stop si gn. Another negative aspect of unwarranted stop signs is the increase in noise and pollution as vehicles , apply their brakes to slow down and accelerate out'of the· intersect' on. It is impractical and impossible to install an all-way stoF (or other traffic control device such as a traffic signal)·whenever and wherever a request is made; otheT"Wise during peal: periods, extended delays to motorists may resul t, thus forcing JnOtorists· to seek al ternate routes through parallels streets. often 'a residential .area. "Traffic tngineerls pri~ary goal. is to maintain safety and reduce vehicle delay. PURPOSE , ;. . . . The purpose of a fully just1fi'ed. properly installed all-way step is to 'effectively· assign right-of.....ay. min~in safety and reduce vehicle delay. Generally. all-way stops are installed where traffic signals are warranted· and/or an accident· histery has been indicated by reported, .accidents of a type susceptible to correction by an all.....ay stop. .; . .. '. . POLICY ST"ID!E1iT . " It shall be the. polf cy of the CIty of !:hula Vista. through the Department of Public Works/Engineering Division. to warrant the installation of ....ll·ilay Stops in accordance with the folJowing policy statements: !: .' ~ . r; j [ (: .. . ;. .-" '. ..' IS : ¡ . L .__...,_~ _...._.,___..~.~__.__._ _.,_,________.__.. , COUNCIL POllCY CITY OF CHUlA VISTA ". . SUBJJ:.CT .' roucy EFr.<£I1YE '. NUMBER DAm PAGE .- ~. ALL-WAY STOP - . 478-03 04-23-91 2 of 9 - ADOP1EDBY: Resolution No. 16147 .. DATED: 04-23-91 . , t > . " . The California Vehicle Code, Section 21350 thru' 21355,'gives the' fl authority to local agencies to install a11-w~ stop traffic controls . upon .streets in their .respe.ctive jurisdiction. . . .' - According to Federal and State traffi~ control guidelines, all-way " stop installations should be reserved for the control of vehicul"ar - traffic conflicts at intersections and should. not be used as devices' .. . to control speed. , .. . 'The City's policy for the installation of an all-way stop control is . based on a point system. Points are assigned to traffic' factors based on the severity of traffic conditions. Factors measured are: 1. accident records -. 2. unusual conditions : 3. pedestrian volumes .' 4. tra ffi c vol urnes 5-. traffic volume differentials . . .- .. '. ; '. " ~ ~ . f . , I . r " , , . . , (0 , ____..__ ._~·_·_·.u_"_.. __"..._~_..." COUNCIL POllCY CITY OF Cm..ìlA VISTA .- . .--.-" su:>..r.::.cr , .~UCY EFr.t:.CTIVE ALL-WAY STOP .' ... T').I,TI> PAr;"; . 478-03 04-23-91 30f9 .- ADOPIEDBY:. Resolution I/o. 16147 ,DA'IED: 04-23-91 '- , CITY OF CHULà VISTA . ALL-WAY STOP CONTROL ~ARRANTS , . Dat~:· /;l./,Z,/!9t íU/T( ¡1/0Vq D¡-¡~e...#):¡u /Je./ c;1 I I . S- I NTERSECTI ON Total Foints MaJor·Street/M1nor Street ( ;Z Os:- -D1J¡ GENERAL: . .. A fully justified, properly installed all-way stop can effectively assign right of way, reduce vehicle delay, and decrease accidents. ~nerally, an all-1o'ay stop is reserved for the use at the intersection of t;.".o through hirhways, and only as an interim tra'ffic control Jneasure prior to signalizat on. Stop signs are not to be used for speed control. 'The posting of an intersection for all-1o'ay stop control should be based , on factual data. Warrants to be considered include: 1. Accident records 2. Unusual conditions . 3. Traffic volumes 4. Tra ffi c vol um;! di fference 5. Pedestrian volum;! Points are assigned to each of these warrants. The .total.points possible are 54. The installation of an all...ay stop control is justified with a minimum of 3D points, unless any one of the CalTrans criteria is ~t. ALL·WAY STOP POINT SYSTEM CRITERIA: ACCIDENT-WARRANT: , 1. , Two points are assigned for each accident susceptible to correction by an all...ay stop control during one full year prior to_ the investigatJon·date. Total n~r of accidents correctible by all-way stop: . ø . . Kaximum 14 points (I<>,rep%/eJ Q~/ieKÚ' . SCDRE: '. . 'ø Poi~ts' . .' . . - ,í/;/'l/-fo /fJÞ¡/7? - . . . /7 , ________....._n_ ______ _ COUNCIL POIJCY OTY OF CHUlA VISTA '. SUBJ.:£r POllCY l:.l"rECTIVE NUMBER DAm P 1--' ALL-WAY STOP - .' 478-03 04-23-91 ~ of 9 .ADOPTED BY: Resolution Ho,'16147 DA'IED: 04-23:'91 , 2..- UNUSUAL CONDITION WARRANT: lð1ere unusual conditions exist, such as II school, ffre station;' pl~ground, horizontal or vertical curves, etc., points are assigned on the basis of engineering jud~nt.. Unusual conditions shall be . considered only if within 500. feet of.the subject intersection. In resi dential nei ghborhoods where therei s II concentrati on of school age children activities separated from the residential neighborhood by a collector street and coupled with other conditions, the C~ty Traffic Engineer may apply traffic engineering judgment and wa ve 'tile ;;SÙ-p01 nt m1 nimum point requi rement to qual i fy the intersection for an all-w~ stop control. The 3D-point minimum requirement ~ be waived and. an all.way stop may be i nsta 11 ed .only if 1 ess restrictive controls have not corrected a documented problem. All.way stops may be justified bHed on projected volumes and accident frequency when traffic signals are warranted and will 'be installed within a specified period of time. . . /!tJr;:z. C"rve. ;;¿?-fs SCORE: 'I- Pòints Kaxi mlm110 pOlnts Vu-r;c..,¡ CurVe.. .2.f+'s .. 3. PEDESTRIAN yoLUHES . Consideration is given to large numbers of pedestrians crossing the majo~ str~et during the four busiest hours of an average d~. Pedestrian Crossing ¥~jor Street, Total during 4 busiest traffic hours . Yo' ""''' Ô51."D 101-150 151-200 201-0YER Points: 1 2. 3 4 5 , 1 Maximum 5 points SCORE: Points - ~. TRAFFIC YDLt!o\ES Points are dëpendent upon the magnitude of vehicular volumes enterin~ - the intersection during the four busiest hours of an average d~. / g .. , . , -~ COUNCIL POUCY CIIY OF CHUlA VISTA - . . SUBJ.t:.CT l"OUCY EfF'"J:.CI1VE ALL-i/AY STOP .' '-- ~._- ~ - . 478-03 . 04-23-91 5.of g. O' .ADOP1EDBY; Resolution Ho. 16147 DA"ŒD: 04-23-91 . Traffic Counts (circle four highest hour volumes): . . Hour Ending At: - ~ Dir 050010700¡OBOO 0900.10001100 1200 1300 1400 1500 1600 1700 1800 1900 200' liB 0 I 6 & if h f3 7 If I~ ø :2- / Z- '0 5B - - - - - - - - - - - - - - - EB 2 29 ,J' 30 5'& 7{ 70 88 98 71. 90 i~7 /38 1;/ 7& I / - iIB 2-~ 72 100 -;17 ?9 jOh jOg gt( ¡Of /03 II ~ /07 /óz. 77 r- 5::- T 21 ló)... /1& 153 15/ Is1 If& /71 207 /~~ 2;3 233 2'11 J1 ð jl7 . Traffic Yolumfs i/arrant Points shall be assigned in accordance with the following tables: Total of !l.ajor . Total of Minor .l.;Jpr~ach Legs Approach legs 4-hour Vol umf Points 4-hourVolume Points . (Õ - 10.00 893 0) C9 - 400 It. oJ 1 DOl - 130D . 1 401 - 600 1 1301 - 1 GOD 2 '601 - 800 2 , 1601 - 1900 3 801 - 1000 3 1901 - 2200 4 , 1001 - 1200 4 '. 2201 - 2600 5 1201 - 1400 ·5 . . . 2501 - 2900 4. . . 1401 - 1600 6 . '- 1 2901 - 3200 3 1601 - 1800 : 7 3201 - 3500 t . "1801 - 20DD . 8 3501 - 3800 1 2001 - 2200 9 ; 3.801 - over 0 2201 - over 10 . , 0 ø Points . ø i SCORE: . SCORE: ¡ ~ 1õrnts i . 11 Ka.xi 11I11II 5 .' .' . . - MinflUll 10 . .L , .~. . ,. ._._-",._.._,..~,-_.__._,.. .-"'-..."'.--'.'-'. CX>UNClL POUCY CITY OF æuI.A VJSTA -. -~ -- .. SUB.J=-CI' roucy El'r~ .' NUMBER DA'IE PAú.c; . ALL-liAY STOP . : .. 478-03 04-23-:91 6 of 9' .AD01'!EDBY: Resolution Wo. 16147 . DATED: ' 04-23-91 . . . 5. TF~-rIC VOLUME DIFFERENCE , .. . All.....ðj'. stops operate best when the Njo·r and lIIinor street approach . traffic volumes arè nearly equal. Points shall be assigned in accordance ~th the fol.1owing table~ _. . .. ." 24-Hour Minor St. Approach Volumes 6¿ . / Po 24-Hour IoIajor St. Aporoacn Volumes X 10~ · ~cpo =2, 'Points- 95 - 1 DO . . 10 . 85 - 94 9 75 - . 84 8 65 - 74 7 55 - 64 6 45 - 54 5 . 35 - « 4 25 - 34 3 15 - 24 2 5 - 14 1 (0 - 4 :;? . I 'P'o o '7 ø . P~ints SCORE: / Þ'.!.ximum 10 Points CALTAAtlS CRITERIA (Chapter 4 Ca1Trans Traffic Manual r , A11y . of the following conditiòns ~ wtrrlnt a .ùlti.....ðj' STOP sign. i nsta llati on: . 1. Where traffic signals are wtrranted. and urgently n!!ded. the lIJ1tiwðj' . stop Ny be an interim lleasure that can be installed C¡UiCl:l~ Ú) ~ocontrol traffic while arrangements are being made for the s gnal instillation. . . . 2.. M accident problem.·1S indicated bY.Jive or ~re reported accidents within a 12 IIOnth period .Df a .~e susceptible to eor.rection by ,- 0° IrJltiway. stop instillation." SUc accidents include rigM- IT. left-turn collisions IS well as right-angle collisions. .' . ".- . 1J) . .m'. _u__ .-. - - .- ------,--_.__._-~---_._~_._- COUNCIL POllCY .' CITY OF CHUIA VISTA ~ SU3.J;CI' .' POllCY EFFECTIVE ALL-ì/AY STOP DAïr= - . 478-03 04-23-91 7 of 9 ADOnEDBY; Resolution' I/o. 16147 ' DA1ED: 04-23-91 - , , . , Kinimum traffic volumes , . 3. . a. The total vehicular volume entering the intersection from all tJ° approaches must average at least SOD vehicles per hour for any a hours of an average day, and i b. The combined vehicular ånd pedestrian volume fran the minor i street or highw~ rust average at least 200 units per hour for tJ 0 the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but c. . ¡(hen the a5-percentile approach speed of the N.jor street . 1 '7B5gtraffic exceeds 40 miles per hour, the minimum vehicular ij' volume warrant is 70 percent of the above requirements. ¡Va. . 500vf )L 7°% .::= 35"Dllph h ~ ð A,,,,,rs Î"'" g ./ 3 :s-07'1';":.",,..... ~j';'d .çor .7' ::> - .H/bL- . -1- V:J!UJ"'¿ ..~)p.rra~ I . , , . , . . . , 21· . , _....--.. ..- -- --~---- ~-~-_..~ COUNCIL POUCY' , CITY OF CHUlA VISTA I ~. ' - ' SUBJ.cCT POLlCY EFF""r.CTIVE .... .,. .' NUMBER DA'IE PAGE t'. ALL-WAY STOP . · ,'0 ,: ! f,' ' ,. 478-03 04-23-91 of 9 ~! # . I i~: ADOP1EDBY: Resolution Ho', 16147 . DATED: 04-23-91 '. '., ~'. .1.Ll-ilAY STO? SIM-'ARY " ;.- IIITERSECTION: /..rro. !Jove" Dr;~ ( ~ 0 s'" -00) ¡. . ,/fiaZ-<! De l C-, d. " ' , DATE IIIYESTIi:ATION WAS COH?lETED: /2../2'//1 G :'. r¡iniml1l!l '. IIITERSECTlON DIAGRAM: · . ~e..y-""e-- . . / .1/ , rfJ', \Y" /Z' ~ DI IV :.:: ~ ~'o~~ ~Yf\ - ..2~' . =-- --= .. -",~r . ~ 7 ,=:;¡¡ ~ /z' ~ -' :;,1 ~ ,er., , ~ -7 -= -- - )' · Pi'µ" ¡".."....... ,.< } 56/ t., , .' ~: ,. !:. ~ RECOHHEHDATIONS: f ' . I /) II S-'"o~ t?-I ..ßj,/.s /"/',."e.. ;':' ;f,Íc; -f -10" / ¡'I s-f,d, I' If - t'JCY , / ' -'. ; ,. '. ì ROORKS: f;. ! , A/o !?e.-jDrfeJ qcc../de.-ri.f...s, ¿e.-..{¡;je.'€'1'lII/I¡9~1 4"'1. 10/-'/ 'lJoie; ~o"-cL,j"-y co..,Jf<lc.+""'''' C.""""fl.e~.£d. ¡");..¡-L;,,, o",e, (¿Q/' 1'",..",,,1- 2-2.... .'-- ._.._---~-_..,..- _·_·~_···_~___._n'. COUNCIL POLICY CITY OF CRlJIA VISTA ~- J -- SUBr~ .' roUcy EÆECTIVE . - ALL-ilAY STD? m nr.>= l1AJE - . 478-03 04-23-91 9 of 9 ADOPTEDB~: Resolution No. 16147 DATED: 04-23-91 , . -. - " . CITY Of CHULA VISTA ALL-ilAY STDi' EVALUATION ilDRKSHEET . Inte;section k..r;-Q )JOVq ./)rI~#/qz.<> Pd C/J File '20S-:-D 0 Date Iz/ z.if /9(" . (MaJor) 1 IM1nor) Invest' ga tor m-:rLJ Qualifies for All-il~ Stop based on 3D or more points: Yes No X Points ~ X Qual'T1es for A11-~ay Stop baseö on other criteria: Yes No If yes, explain: ~etcn OT 1ntersect1on w1tn V1S101¡,ty data On back Attached )( . i 1. Accident History Points Possible From II II I c¡ç to /0 I 31 I 9 & Acciden~s/yr correctable oy Stops X 2 pts/accident ø 14 , 2. Unusual Conditions . Lloy,'z C ¿) r v-e..- ;(P-15 Verh'{;.Ao 1 Curve... ::l : /1-1.> (- 10 - 3. Pedestrian V01~~ ¡- Pedestrians 1- 0 5 crossing the ~¿jor street during 4 hour count 4. Traffic Voluees (Peak 4 Hours) ø ~or-approaches . B'13 5 Minor approaches je. /Ø 10 , 5. Traffic Volume Difference ;z., / .% ff 10 . , TOTAL -. ,;;--. 54 Mini~ Points Required 3D . . . . z.J . -....-..--..---. - _.- . -- -- , ~L( , ---"- -"---- .._.^'_.__._----~_._._-~- ~ .cé~ \Z. e:. . / ).1W .3D -- /-.-.." 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'. ...' ....]0.....'0:,.."..... ........ ....-i..... ..4..{.""7.'-. :.. ......':..~............. _ _.., '\:-...~........-...'-....- co.· ~a:.c-. "'-..1,.-: .... .... 2- _. ... . ~ .. ........ -... .' .....':,\..... .... t......- ....... -..... :- ..... . " ....-......-....-.............. .... ~ ".:'-~ ..... ...., :<: .do\{' -.,'.:- ..,.,...y.,..,~~", ,':""""'c.."J" .. ~~.?: :~:~.,!, ·t~?{f~.\~¿;:~~~:~~~ff~~t~\~~:·"~~= .... ~.~ t2i.... ~- ~:¿~~:.:~:~::\ 'ð \ .' ~ ::';;;~'~<L3:\ \ -E, - "-C-o" .....'_.,: 0 .;'.:.':"_":...~~::.~. Á :t. ([ ."-.,,,~.;..''''':_''''''\.) ;; <.) ( ) c " :......";.....:. y - .",. "-'. ·'C." '-. -:z. '\ ? '" t1> ,;.:-...)-~'-'..' .:':.:.:. ~ - - C i--."-'- .,-.-.-......~.? '\ >:. ?,.. 0 ~ ~~~1~i%~~~: ~)t ~ ~ ~ . '" _~~~\ ..J z ~ .....::..._.:"\~._... .- (.) uJ. :2 :\.;30\ . :<. , ,'. '" II) c ~- '\ u- ~ c: .! 0 c: E ( ) c 0 , -.." c ( . .. co ~ , .. ;2 y - -... . -." - - ----.. - ._~ - -- 5?::::J LI~IT -- ::~GI~\E::RI1\G/T?..AYrIC Sl:?..VEY: STR.:::::::: Ter=z Nova Drive . " LnnT5 : ::ast H Street - Rancho Del Rey Park~aY .. "Existing Posted Speed Limit: }5' !-\PH SUM¥~~Y OF SPEED SURVEYS - Segment: East H Street - Beacon Pl. Beacon Pl.-Rancho Del Rev Park Date Taken: 6/2/93 7/18/95 Number Vehicles on Sample: *713(NB) *252(SB) 50 "- 85th Percentile Speed: 39 MPH 4 2 !-\PH Range of Speeds Recorded: o - 45+ MPH 25 - 50 Block 0 : 500 - 600 block 500 blocks ROAD~AY C~ljL~CTERISTICS *Data obtained with traffic count~. Width 55 - 67 feet Number of lanes for both directions 2 - 4 Horizontal Alignment Rmin. = 450' Vertical Alignment 1% to 5% over 250' V.C. (desi~n speed = 36 MPH) T~~FFIC C~ljL~CTERISTICS Average Daily Traffic 890 On-Street Parki~g No Darkin~ allowp-rl p-vrppr n~ ~ø~r ~;~ø n~ ~r~øør ~ør~ØØ~ Pdaza Del Cid to Montera Ct. (a'Dprox. 900'). " " ; Special Conditions Bike lanes on both sides of roadways. Ad;acent land use is residential. No direct driveway access. Accident History Terra Nova nlo Beacon Pl. opened for public use on 6/]/95. No accidents reported. No reported accident historv slo Beacon Pl. SURv"EY RESULTS Study was Prepared by Leonardo Hernandez Date 7/25/95 "Recommendation Retain 35 MPH spied limit due to vertical ali~ment desi~n speed. Date reconnnendation approved: S)';¡')'1 j -¡ - y' R· By ~"v-~ . /,AI.e-.. ""- Approved speed limit: 35 MPH Per CVC 40803, Survey Expires: 6/2/98 ;)1 . -- ------~"-_."-_.."-,.-...__.__..- . --. .- .' .. I GLOSSARY OF TERMS I , ADT Averagê Daily Traffic: - Total volume of traffic over a 24 hour period. A verage Sp~d Sum of all the recorded speeds divided by the total number of All Vehicles vehicles recorded. Median Speed - Sp~d at which 50% of the vehicles were above and 50% were below. Mode Speed 'I.'he speed that was most often recorded during the survey. 10 MPH Pace The lO mph range which includes the highest number of vehicles. (% in Pace) The percentage of all vehicles' within the 10 mph range. 85th Percentile Often referred to as critical speed, this speed is the speed which 85 % of the vehicles are travelling at or below. This is -. --- the speed used by the Stale of California to delermine what the . fIrst approximation of the speed limit should be posted at. ~\HOME\E."GINEER\1RAFFIC\GLOSSARY .DMW , ?o . --...._~--+._- .. ..,._._-"-"--"-"----~._-_._..- -....--..--. --,"-- . ---. . . ... - - --- . .- - - -. .-- - . -.- . . - .. - - - - ~ - .". . - . - .', -- - . - - -- . - ---... -. - - _.. .. '0"::" - =---r"'h - - _.u__ ._._ _-0"" _'-:':_.?7._(-~~'j______ _. ____ ::.':; ':: ::...::: :.. -;".' \~i.~= ,-. ..' -.... .... 7é' -.~;'- ...: ~ -,. . _ . _. r I' .' , : . :,,-: .::' .~).:., '-' P0=,< ¿.::z:.. C,L ~:~==.:._':~_._'~ ( J.. I ç.";" I I' ...~-::. :--". 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(. 0 O' " " , ...; ll!;S (J {I (I 2 J ~ 5 3 I ! 0 i 'j~ , ...\ 12")(: 1 0 I ,0 2 3 ,- " 0 ( , 1~ , - - - - - - .- ;-; Jj'-"'L - - - - - - Të-¡;>,:; .:../i .. ., :;::: ';';J, . 2; , ~-. ~j~; ;. " _. l~~ ,. ~..,-' .~.. ---.---.- --.-...-... -. ._-,,_._-~------- .--- - -. -. lC:h;?:t ::;-:~~ SJ~~;':.:< . ~. 73 ~,=~a~= 5;~:: of A!l ~=hi:l=s -~ ". r.=~i¡rl S;:=j ~ ~.7{1 :5:h Pæ. _=~.:i1= 5?:?ed - " NwÒ~r cf \;i"á~~es E>:tædiT~ 53 M.JH ~ ---.Q& P;:":'2: ta.;-: û; ~1=hitl2::; E>:~==dir g :oJ M.=IH {! N~~er Co; V:.iidES £>:c::dir.g .~ ÞPH , C.((; ;I~ær,:ë~: ,.f VEhit15 Er.:æerling 50 Ç'H . --.i. Hu:Ò2:" c.f \:=.~::les E:r.~=din~ f.5 19H " .. {.{..... ;'2:"':-=:"1::2= c;f \;=hides E>::==diTIg 55 ÞPH ~ --2 ~de S~::d 35-~5 10 Ya.=~ Pa:: BL{¡5 ! 0 ¡PH ~::= ~=:-::=f¡taºE . 1~(1 ~ Pe:ak ro\!¡'" of ïrDffi~ ~-""I ;f, PEak H:I:.:" ûf Tr~ffi~ ~ Ch¡:"J:r;:l t ~;,;.ffi:- c.~=:¡:-;~ D. K. . . - y~ , .,---,,-,,- ".--..------- Safety Commission Minutes . , January 9, 1997 , , Page 3 .' Commissioner Cochrane asked staff if there were any plans to remove the raised median to help improve the traffic flow. Bill Ullrich stated that to hi~ knowledge there were no plans to remove t~ median, however, he would need to look into it to see if there are reasons why the median should remain. Commissioner Miller stated that at this time, she favored staff's Alternative #2 which is the ~ight edge line '. with bicycle lane striping, which is the least restrictive measure. MSC (SmithlBierd) that the Commission accept staff's recommendation to deny an all·way stop at the intersection of East J Street at Cassia Place and to accept Alternative #2 A right edge line with bicycle lane striping, inclusiv~ of the advanced warning signs as stated in the addendum that the Commission. Motion carried unanimous 7-0-0. 6. Reoor! on AII·Wav Stoo reouest for the intersection of Terra Nova Drive and Plaza Del Cid Backeround: Staff received two letters from Mr. Ruben Diaz, 502 Montera Court, requesting that an all. way stop be installed on Terra Nova Drive at Plaza Del Cid to control the high speed of vehicles traveling on Terra Nova Drive. Eugenia Franco presented staff report and indicated a warrant evaluation for the subject intersection was completed in accordance with Council Policy The total number of points received at this location was 5 points out of a possible 54 points. Thirty points are required to justify the installation of an all.way stop. Ms. Franco further indicated that this area is still under construction and Plaza Del Cid has seven occupied homes, and an anticipated 200 to 250 vehicles per day when construction is completed. A 24-hour speed study was conducted at this area, which revealed that approximately 3 % of the eastbound vehicles and approximately 13 % of the westbound are within the 45 to 54 MPH range. Mr. Diaz' requested also included the need for a cross-walk at that intersection for children walking to school to the west' Ms. Franco stated that staff is not recommending the installation of a cross.walk based on studies that indicate th~t this creates a false sense of security in the minds of children, as well as the elderly individuals, when they are within the cross·walk. Staff recommendation: That the Safety Commission deny the installation of an all·way stop at the intersection of Terra Nova Drive and Plaza Del Cid and direct staff to install four '3S" MPH pavement legends and several 'SPEED ENFORCED BY RADAR' signs. A slide presentation proceeded. Public Hearine: Chair liken indicated there were no request slip to speak. Commission Discussion: Chair liken asked if there was a suggested school route for this area. . 37 UNOFFICIAL MINUTE~ ........_._~.--- ---~._.._-------------~.._- Safety Commission Minutes January 9, 1997 ~. Page 4 .' Ms. Franco indicated that she was not sure if the 1996 suggested school route study included this area because at the time there were no residents in this area as it was at a very early stage of construction. However, it would be expected that the suggested school route would be to cross to the north sidewalk on Terra Nova Drive, to Hidden Vista, then on to Wind rose Way. , Vice Chair Miller expressed her concern in suggesting that the children who live on the south side of '. Terra Nova Drive cross over to the north side of Terra Nova Drive at the southeast cornèr of Plaza Del Cid and Terra Nova Drive intersection, which has no crosswalk. She further indicated that there will either have to be a crosswalk, or the City is going to have to install the sidewalk on the south side of Terra Nova Drive all the way down to Beacon PI., where there is a four-way stop and crosswalk. Chair liken stated that although an all·way stop is not warranted at this intersection, some type of mitigating action must be taken to provide a safe suggested school route for these children. Chair liken suggested that this item be tabled to a future meeting and have staff look into some alternative measures such as school busing, or asking the developer to install the sidewalk on the south side of Terra Nova Drive, or perhaps the City is able, under the ClP, to install the sidewalk. Bill Ullrich stated that Conditions of Approval are required prior to approval of the Tentative Maps. Since this improve~ent was not included as a condition, the City cannot force the developer to meet it. However, nothing precludes the City from asking the developer to install the sidewalk. MSC (liken/Smith) to table this item to the February 13, 1997 Safety Commission meeting and have staff report on: projected school attendance; request !hat !he developer install !he sidewalk; feasibility of having the City install the sidewalk; and include a suggested school route. Approved 7"()"( 7. Oral Communications: Charlie Padilla, Principal, Parkview Elementary School, voiced his concerns on behalf of the school staff and area residents, as a result of the influx of vehicle traffic and limited access to the school on the 500 block of Juniper Street. The problem primarily exists at the beginning of the instructional day and at dismissal time. T rafflc backs up because there are cars that double and triple parked when they are dropping off and picking up students, and cars are parking on residential driveways. Mr. Padilla stated that their objective is to develop an alternative access to the school that would reduce the safety issue to students and the inconvenience that has been placed on the neighboring residents. Mr. Padilla further proposed that a workshop be conducted with the Safety Commission, Police Department, City staff, school staff, and the residents from the neighborhood. The purpose of the workshop would be to brainstorm ideas and come up with alternatives to our safety and traffic issues, and explore options that could be imposed on the Sunbow developers. Mr. Padilla requested that staff prepare a report from the joint workshop and submit it in time for the next Safety Commission meeting in February. In addition, a formal letter addressing the concerns would be submitted to the school board, the Safety Commission and the City Council after the pro~osed workshop meeting. Vice Chair Miller stated that if the workshop is conducted, to also include some members of the Planning Commission. Vice Chair Miller asked if the Tentative Maps has been approved for the Sunbow development. 5ð' UNOFFIC· G!V SAFETY COMMISSION AGENDA STATEMENT - .. Item 6 Meeting Date 2/13/97 i ITEM TITLE: Revised Report on AIl-Way Stop Request for the Intersection of Terra Nova Drive and Plaza Del Cid , SUBMl1T1W BY: Senior Civil Engin~er.1J.jI.1 . Staff has received two letters from Mr. Ruben Diaz, 502 Montera Court, requesting that an all- way' stop be installed on Terra Nova Drive at Plaza Del Cid to provide a controlled location for children crossing Terra Nova Drive going to and from Clearview Elementary School. Mr. Diaz also complained of the high speed of vehicles and the curvature of the roadway. RECOMMENDATION: That the Safety Commission approve staff's reco=endation to install an all-way stop with a painted crosswalk on the westerly side at the intersection of Terra Nova Drive and Plaza Del Cid and to install four "35" MPH pavement legends and several "SPEED ENFORCED BY RADAR" signs on Terra Nova Drive. ".~ DISCUSSION: staff has received two letters dated November 12 and 23, 1996 from Mr: Ruben Diaz requesting . that an all-way stop be installed at the intersection of Terra Nova Drive and Plaza Del Cid to .provide a c;ontrolled location for children crossing Terra Nova Drive going to and from Clearview Elementary School. An all-way stop evaluation for the subject intersection conducted in accordance with Council policy revealed that the subject intersection does not meet the warrants for installation of an all way stop. The staff report to the Commission reeo=ended against the installation. However, since the report was forwarded, staff has further evaluated the situation and determined that it is unlikely that construction of the missing sidewalk on the south side of Terra Nova Drive will occur in the near future. This sidewalk is necessary to provide a path for school children to cross the street at the controlled intersection of Beacon Place and Terra Nova Drive. The developer of the subdivision has initially declined to participate in funding the construction and if a City capital improvement project is proposed it would compete for limited funds with all other projects proposed. The projects are prioritized annually based on costs and benefits and, depending on the other projects in competition, may delay funding for construction of the sidewalk for an indefinite period of time. Additionally, as development continues in the Rancho del Rey area east of the intersection traffic volumes will increase on Terra Nova Drive as more drivers -- use this route to avoid the traffic signals on East "H" Street , 31 . -_.~.- -------_..._--...- ---.-. .'..__..__, --..··.·.'····0 .....".... Page 2, Item 6 Meeting Date 2/13/97 -;-" Consequently, there is a need for a more immediate solution to provide a route to school with continuous sidewalk and a controlled intersection street crossing and to encourage motorists to use the more direct route along Del Rey Boulevard from the Rancho del Rey residential area to East "H" Street. Therefore, staff recommends the installation of an all-way, stop at the intersection of Terra Nova Drive at Plaza Del Cid with a painted crosswalk on the westerly side of the intersection and the installation of four "35" MPH pavement legends adjacent to the exiSting speed limit signs. These pavement legends will make the motorist more aware of the posted speed limit. In addition, staff can also install several "SPEED ENFORCED BY RADAR" signs at strategic locations which, when combined with Police enforcement of the posted speed limit, should further alleviate the speeding vehicle problem. If in the future the sidewalk on the south side of Terra Nova Drive is constructed and field investigation data shows that traffic is not being diverted to the more direct route, the all way stop may be re-evaluated. All area residents have been notified of tonight's Safety Commission meeting. F1SCAL IMP ACT: If installation of the an-way stop is approved, the cost is $500 to install two stop signs with limit lines, two stop ahead signs with temporary warning lights, and pavement legends at four locations. Cost of painting pavement legends "35" is $200, four at $50 each; cost -- for "SPEED ENFORCED BY RADAR" signs is $150, two at $75 each. The cost of the sidewalk would be $50,000 to $75,000. Fi1e No.: 0760·95·CY029 EAF M:\HOME\ENGINEERISAFETYlPDELCID.EAF '-- , Vo . -~_." . ________.__u._ _.__d._""'·'_" .m ·' MINUTES OF A REGULAR MEETING - OF THE CHULA VISTA SAFETY COMMISSION Thursday, February 13, 1997 Council Chambers 7:10 p.m. Public Services Building CAll TO ORDER 1. Roll Call: , Present: Chair Liken, Vice Chair Miller, Commissioners Acton, Bier.¡:!, Cochrane, Hoke, and Smith Also present: Ralph leyva, Senior Civil Engineer; Eugenia Franco, Civil Engineer; Sgt. Gene d'Ablaing; and Diana Vargas, Recording Secretary 2. Pledee of Alleeiance/Silent Praver 3. Ooenine Statement - Read by Chair Liken 4. Aooro,'al of Minutes: january 9, 1997 MSC (Blerd/Smith) to approve minutes of january, 1996. Motion carries unanimous. MEETING AGENDA 5. Oral Communications: None. 6. Reoor! on AII·Wav StOD reauest for the intersection of Terra Nova Drive and Plaza Del Cid Backeround: Eugenia Franco stated that a report on this item was presented at the january Safety Commission meeting. At that time, staff's recommendation was to deny the all·way·stop. Subsequent to that report, further evaluation of the request has been conducted considering the feasibility of constructing the missing sidewalk on the south side ofTerra Nova Drive. Considering that the developer has initially declined to participate in funding the construction of the sidewalk, the project would be proposed as a future Capital Improvement Project and will compete for limited funds with other projects. There is no guarantee that funds would be available in the. near future. Consequently, there is a need for a more immediate solution.- Staff recommendation: That the Safety Commission approve staff's recommendation to install an all·way stop with a painted crosswalk on the westerly side at the intersection of Terra Nova Drive and Plaza Del Cid and to install four '35" MPH pavement legends and several 'SPEED ENFORCED BY RADAR' signs on Terra Nova Drive. Public Hearine: Chair Liken indicated there were no request slip to speak. Commission Discussion: The Commission's general consensus was very positive and supportive of staff's recommendation and effort in r~valuating this item and making a determination that rescinds their previous recommendation. MSC (liken/Bierd) to accept staffs recommendation to install an all·way stop with a painted crosswalk . <-// UNOFFICIAL MINUTES ----- u_____._ -_._-_.__.~-----,. .-.---.-....-- -'. Safety Commission Minutes ..-:--.... February 13, 1997 Page 2 .' on the westerly side at the intersection of Terra Nova Drive and Plaza Del Cid and to install four M35" MPH pavement legends and several MSPEED ENFORCED BY RADAR" signs on Terra Nova Drive. Motion carries unanimous (7-0-0). , 7. Follow uo reoort on safelY issues at Halecrest School . Vice-Chair Miller stepped down from the dais because she addressed the Commission as a representative of the Chula Vista Elementary School District during the public hearing. Background: The Commission directed staff, at its August B, 1996 meeting, to implement measures to mitigate the traffic congestion during the peak times at HalecreSt Elementary School. Staff was directed to implement the first three of the following four items and to report back on their effectiveness after three or four months of implementation: 1. Improve parking lot layout to provide smoother traffic now; 2. Prohibit left turn into and out of the school parking lot; 3. Move the school bus loading and unloading zone further west; and 4. Provide a southbound drop-off/pick·up lane along the east side of the campus from Floyd Avenue, south to East'1' Street, utilizing existing driveway at East '1' Street. Ms. Franco stated that both Dr. Madison, the School Principal, and staff's findings concur that the traffic circulation and congestion has improved considerably. Staff recommends that item #4 not be implemented at this time due to the traffic flow improvements that have occurred already by implementing measures 1,2, & 3, and the high cost of the improvements. Public Hearing: Chair Liken opened up the public hearíng and indicated there was one request slip to speak. Cindy, Miller, 419 Vista Way, Chula Vista, CA, representing the Chula Vista Elementary School District as.its Risk Manager addressed the Commission and expressed the District's appreciation for all of the time and effort the Safety Commission and Traffic. Engineering staff put into mitigating the traffic flow concerns at the school. Public Hearing closed. MSC (üken/Smith) to accept staff's report. Motion approved 7-()"1 with Vice Chair Miller abstaining. 8. Reoort on reouest for removal of delineators on the north le~ of MH" Street and Fourth Avenue (399 MH" Street) Gena Franco reported that a phone call was received from Gary R. Bryant, Vice President/Manager of the Pacific Commerce Bank, requesting that this item be tabled to the March 13 Safety Commission meeting. Staff concurs with Mr. Bryant's request. MS~ (liken/Bienl) to table this item to the March 13, 1997 Safety Commission meeting. Approved 7-()" o. 't/~ UNOFFICIAL MINUTES ----.---------.- ._---------.- SAFETY COMJ\lISSION AGE]\;l)A STATEMENT ,-~ .' Item 8 Meeting Date 3/13/97 ITEM TITLE: Report on Reaffirming Installation of All-Waý Stop at Terra Nova Drive and Plaza Del Cid .. , SDBMrnlW BY: Senior Civil Engineer¡l£ð . Staff has received two requests, one from a resident and one from the developer, requesting that the all-way stop not be installed on Terra Nova Drive at Plaza Del Cid, or moved'to a different location. RECOMl\lENDATION: That the Safety Commission deny the requests and direct staff to proceed with the installation of the all-way stop at the intersection of Terra Nova Drive and Plaza DelCid. DISCUSSION: Staff has received a request from Mr. Carlos Tirado, the property owner at the northerly side of the intersection of Plaza Del Cid and Terra Nova Drive, requesting that the all-way stop approved 10 be installed at this location by the Safety Commission on February 13,1997 not be installed. The property owner's objection is that the stop is to be located immediately in front of his property and he feels that traffic queuing in the left turn pocket may block his driveway. However, a two way left turn lane existed at this location prior to restriping for a left turn pocket. Staff does not anticipate significant increase in queuing with the change in striping. Additionally, the stop sign will be installed with a telspar post to minimi7e its visual impact. Staff has also received a request from Mr. Chris Chambers of Continental Homes, the builder, in the fo= of a telephone call and fax requesting that the location of the all-way stop be moved to a location on Terra Nova Dnve west of the intersection. A plat showing the proposed relocation is attached. Staff does not support'the proposed location, as it is not standard practice nor in compliance with Traffic Manual standards to install stop signs with crosswalk at a mid- block location. . They have both requested that installation of the all-way stop be re-evaluated at tonight's meeting and are expected to address the commission under Oral Co=uIÙcations. FISCAL IMPACT: None Attachments: Area Plat Fax from Chris Chambers File No.: 0760-95-CY029 II] H:\HOMElENGINEERISAFETY\PDELCID.MJD ".---.-- _._-~- .....- , Safety Commission Minutes March 13, 1997 Page 3 MSC (CochranelBierd) to accept staff's recommendation to remove the delineators for the 12 month trial period.· Motion approved 6-0-1 with Commissioner Smith absent. 7. PreliminarY reoort on safelY issues at Parkview School , , Backeround: Gena Franco reported that a petition was received dated January .17, 1997 signed by residents that live in the vicinity åf Parkview Elementary School citing persistent public nuisance and safety hazards. The Commission has also received a report regarding the preliminary meetings that have been held between !he City, school district, developer, and the residents' representative. Staff has also submitted additional information regarding traffic counts !hat were taken in front of the school and adjacent streets. Ms. Franco indicated that continuing meetings are being held to discuss alternative measures to mitigate the traffic congestion and will be reporting back at the next Safety Commission meeting. MSC (liken/Miller) to accept staff report. Motion approved 6-0-1 with Commissioner Smith absent. 8. Reoort on reaffirmine installation of all·wav stoo at Terra Nova Drive Backeround: Gena Franco reported that the Commission, at its February meeting, concurred with staff's recommendation and approved the installation of an all-way stop at this location. Subsequent to that directive, staff has received two requests, one from a resident, and one from the developer, requesting that the all-way stop not be installed. Staff recommendation: That the Safety Commission deny the requests and direct staff to proceed with the installation of the all-way stop at the intersection of Terra Nova Drive and Plaza Del Cid. Public Hearine: Chair Liken indicated there were four (4) request slips to speak. . James Palladino, 707 Terra Nova Drive, stated he lives approximately 100 feet from where the proposed stop sign would be installed. He strongly opposes the installation of the stop sign because given !he high traffic volume in the morning, vehicles cuing up at !he stop would block his driveway. . Chris Chambers, Continental Homes, 12636 High Bluff Drive, Ste. 300, San Diego, gave a brief historical overview of !he planning of this community. Prior to the first homes being constructed in Pamplona, the developer requested that the City consider terminating Terra Nova Drive to avoid it becoming the thoroughfare'it currently is. Motorists use it as a short cut and do not use the streets that were originally planned to exit Rancho Del Rey. A study was conducted to substantiate this position. The City denied the request. As an alternative, a request was made to place speed bumps and that a stop sign be installed. The request was also denied because it did not meet the requirements. The planning of this community and construction proceeded without regard to the installation of any future stop signs on Terra Nova Drive. Mr. Chambers expressed discontentment to learn that the City had reversed its position and, in his opinion, arbitrarily decided to install the stop sign, without consulting the developer as to the location of the stop sign. Mr. Chambers further stated that Mr. Ruben Diaz, sales representative, had written a letter to the City at their behest, requesting that the installation of a stop sign be reconsidered. , 1ft( -...-.-,.,.-""....---.-- -- -- --~ - ... ._.--.-.,--_."..-.,-~_._._._------'- -.'''. Safety Commission Minutes .,...- March 13, 1997 Page 4 Mr. Chambers requested that the Commission consider moving the location of the stop sign to a point wešterly of where it is presently proposed. . Carlos Tirado, 701 Terra Nova Drive, Chula Vista, stated that he would be the most impacted resident because the sign would be directly in front of his residence, approximately 10 feet from his driveway. Vehicles cuing up at the stop sign would block his driveway" and prohibit egress and ingress from his residence. Therefore, he strongly opposes the installation·' of the stop sign' at the current proposed location, and recommends that the stop sign be installed to a point westerly of the proposed location. . Mrs. Tirado, 701 Terra Nova Drive, Chula Vista, opposes the installation of the stop sign and indicated that the Pamploma residents she spoke with also oppose the installation. Mrs. Tirado further stated that the City's position to install the stop sign to provide a crosswalk for the children to use in order to walk to their home school, Clearview Elementary, was not a 'strong argument because those residents felt that it was not a safe walking distance and would drive their children to school, rather than have them walk. She further stated that if this was truly the City's concern, that the sidewalk on the south side of Terra Nova Drive should be installed. Public hearine closed: Vice Chair Miller stated that she took exception to some of the comments that were made during the public hearing, where the speakers inferred that the City succumbed to pressure from the developer and , had arbitrarily reversed their position. Vice Chair Miller stated that the Commission was revisiting this issue as a result of a letter received in November 1996 from Mr. Ruben Diaz, sales representative of Pamploma, where he stated that a stop sign needed to be installed at this location. He further stated in his letter that if the City neglected to do so, and someone died, that it would be the City's fault for not heeding their request Vice Chair Miller gave a brief background report on this item. In january 1997, the Commission discussed safety issues concerning the children who walk to Clearview Elementary and have to cross Terra Nova Drive because there is no sidewalk on Ihe south side. Although staff's recommendation in january was to deny the installation of the stop sign, the Commission deferred voting until the February meeting, and directed staff to further evaluate this matter and look into the feasibility of either having the developer construct the missing portion of sidewalk on the south side of Terra Nova Drive, or include it in the City's CIP program. After further evaluation, and the developer declining to participate in funding the construction of the sidewalk, a more immediate solution was needed, therefore, staff rescinded their previous recommendation to deny the stop sign and recommended that the stop sign be installed and a crosswalk painted. Mr. Diaz, and the area residents were notified both in january, and February, that this issue would be considered by the Commission, and no opposition was voiced. Commissioner Miller reaffirmed that the purpose for the installation of the stop sign is not to slow traffic. The purpose is to provide the children a crosswalk where they can cross over to the north sidewalk on Terra Nova Drive to get to their home school, ClealView Elementary School. Chair Liken made an obselVation that the parking strip and bicycle lane provides approximately 13 feet ~f maneuvering space for a vehicle to back out of the driveway at 701 Terra Nova Drive and obtain their position on the roadway even with a backup of vehicles on the travel lane. Chair Liken further indicated that the installation of a mid·block stop sign is not recommended and even , «r:;- ._-_.~- ---_._-_..__.__.~,-,-- .- .----.--..-." . ~. Safety Commission Minutes March 13, 1997 Page 5 considered unsafe according to Caltrans findings. When motorists see no reason for a stop sign, there is an increase in failure to make the stop, and puts at greater risk pedestrians who are within the crosswalk, and are overlooked by drivers. The correct posilion for a stop sign is at a three or four-leg intersection. Cid. , Commissioner Acton stated for the record, that the Commission is comprised of volunteers, who wish . to make a contribution to !heir community, and that the only satisfaction they derive is in knowing that their service has made this a better community to live in. MSC (Liken/Bierd) to accept staff's recommendation to install the all·way stop at the intersection of Terra Nova Drive and Plaza Del Cid. Motion approved 6-0-1 with Commissioner Smith absent. 9. Action SummarY UodatelStaff Comments: Staff has no additional comments. Chair Liken gave an update report on the request for the installation of an all-way stop sign on Lakeshore Drive. He indicated !hat !his item went to Council as an item under Mayor's comments in February as a result of a meeting wi!h Mr. Clem mens where he had requested that Council review the request. This item was tentatively schedule to go to Council on February 18th, but did not Chair Liken spoke with Mr. Leyva and he indicated that staff was doing additional studies on the item and was assured that it would be going to Council in the near future. .- Gena Franco pointed out that item no.2 in the Action Summary Report is the closure of Terra Nova Drive north of Beacon Place, as mentioned by Mr. Chambers during the public hearing. The Planning Department advised the petitioner that they would need to apply for the closure, but that it would require a General Plan and Circulation Plan Amendment. The Planning Department has not received an application. Ms. Franco asked if the item could be deleted from the list. Chair Liken directed staff to delete it from the list. 10. Traffic Accident SummarY: lanuarv 1997 There being no comments from the Commission, the report is accepted. OTHER BUSINESS , 11. Commissioner Comments: Commissioner Cochrane reported that he has been at the ARCO gas station on Bonita Road on several occasions and observed that since the signs and restriping and arrows have been put up, he did not notice anyone trying to exit out of there, cutting against traffic. Chair Liken stated that there is a concrete light pole with shrine-like fixtures on it, laying down in the center median of East MHM Street, just east of Tierra Del Rey, that has been there for several weeks. He asked Sgt. d' Ablaing if there had been a fatal accident at !hat location. Sgt. d'Ablaing said there has been none. Chair Liken requested that Public Works be notified to have the pole removed. Ýb _____h_.__..".__.___.. ---_..._.._----~------- ITEM 13B INFORMATION MEMORANDUM 5/13/97 MEETING May 8, 1997 TO: The Honorable Mayor and City Council VIA: John D. Goss, City Manager !if ¿.5· FROM: Chris Salomone, Community Development Director SUBJECT: Naval Family Relocation Expo Since mid-April, Community Development staff has been coordinating with various local master planned communities their attendance at the USS John Stennis Naval Family Relocation Fair scheduled for May 19·22 at the Norfolk, Virginia naval base. The Stennis, an aircraft carrier, is being assigned to San Diego beginning in the spring of 1998; prior to relocations such as this the Navy typically holds a expo to provide personnel and their families with an overview of the community to which they are newly assig ned, Because the Stennis relocation will effect such a large command (approximately 3,000), fair coordinators have divided attendees into eight groups. Each group will be assigned a time to visit the fair (morning or afternoon) during the four day event. The fair will feature a variety of information booths, most highlighting activities of the military housing office and other naval departments, In addition, community representatives from the relocation market (in this case, the San Diego region) will be participating. Representatives from the Cities of EI Cajon, La Mesa, Coronado and Poway have agreed to set up information booths as will the Grossmont School District and the Greater San Diego Chamber of Commerce. Congressman Duncan Hunter will also be in attendance, McMillin Relocation Services, representing Rancho del Rey, and EastLake will both be attending the fair. On behalf of the City of Chula Vista, each will promote the City by distributing the following information at their booths: · copies of the standard "Catch the Spirit" green promotional brochure; · copies of a "Catch the Spirit" sheet on affordable housing opportunities (attached); and · copies of the new Community Development Department brochure with descriptions of recent "family related" projects such as the amphitheater and the waterpark (attached). In addition, each has taken a copy of the City's promotional video and will be reimbursed by the City for the cost of renting equipment to show the video at their fair booths. The Chamber of Commerce is also providing McMillin and Eastlake with copies of the "Home of the Olympic Training Center" Chula Vista brochure. (Chamber representatives, should they decide to attend, have been offered the use of the City's tradeshow booth and VCR.) The Fair coordinator has allowed us until May 14, 1997 to finalize plans for attendance by staff if that is the direction of Council. At this time, we estimate the cost for one person to attend to be approximately $2200 (including $30 per day car rental, $30 per day meals, $75 per night hotel and $1500 airfare.) [(DRM) H:\HOME\COMMDEV\lNFOMEMQ\NAVAl2 (May 8, 1997 (3:35pm)] .------ -- ---....---.-..-.-.----.....-