HomeMy WebLinkAboutAgenda Packet 2005/02/08
CITY COUNCIL AGENDA
February 8, 2005 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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~~~~
ellY OF
CHUlA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Steve Castaneda City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
**********
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's web site at:
www.chulavistaca.gov
**********
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
document on the bulletin board according to
Brown Act requirements.
AGENDA 'o'0d '2-Lf~05 SigneSh MI j &uI!ML
February 8, 2005 6:00 P.M.
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
CONSENT CALENDAR
(Items I through 6)
The Council will enact the Consent Calendar staff recommendations by one
motion. without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. 1f you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. WRITTEN COMMUNICATIONS
. Letter of resignation trom Sara Alviz, member of tbe International Friendship
Commission.
Staff recommendation: Council accept the resignation and direct tbe City Clerk to
post tbe vacancy in accordance with Maddy Act requirements.
2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING THE CONTRACT FOR CONSTRUCTION OF
THE UPGRADE OF TRAFFIC SIGNAL AT FIRST AVENUE AND H STREET (TF-
311) PROJECT
Upgrade of tbe traffic signal at the subject intersection was approved and budgeted as
part of the Fiscal Year 2003/2004 Capital Improvements Program. The scope of the
project includes the upgrade of the existing traffic signal system and otber work
necessary to complete the project. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING CHANGE ORDERS REQUESTED BY THE EASTLAKE COMPANY
FOR THE CONSTRUCTION OF TELEGRAPH CANYON TRUNK SEWER
IMPROVEMENTS
Page 1 - Council Agenda February 8, 2005
-... --,_._-~-~._".-
The City entered into an agreement with the Eastlake Company (EastLake) that
authorized EastLake to construct the required improvements to the Telegraph Canyon
Trunk Sewer and be reimbursed from the project funds. EastLake has completed the
improvements and submitted a request for reimbursement in accordance with the terms of
the agreement. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 02-05, OTAY
RANCH VILLAGE 6 UNIT I, NEIGHBORHOOD R-8; AND APPROVING A
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA
VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE 6 UNIT I, NEIGHBORHOOD
R-8
On March 26, 2002, the Council approved a tentative subdivision map for Otay Ranch
Village 6. Approval of the final "B" map and its associated supplemental subdivision
improvement agreements allows the final map to record and the individual units within
the project to be sold. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
5A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DECLARING THE
RESULTS OF A SPECIAL ELECTION TO AUTHORIZE MODIFICATIONS TO THE
FACILITIES TO BE FINANCED BY SUCH COMMUNITY FACILITIES DISTRICT,
THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES TO BE
LEVIED WITHIN IMPROVEMENT AREA B THEREOF AND BONDED
INDEBTEDNESS FOR SUCH IMPROVEMENT AREA B
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING THE RESULTS OF A SPECIAL ELECTION IN TERRITORY AREA
TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN
MIGUEL RANCH) AND IMPROVEMENT AREA B THERETO
C. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING ORDINANCE NO. 2850 AND AUTHORIZING THE LEVY OF A
SPECIAL TAX IN IMPROVEMENT AREA B OF COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) PURSUANT TO A REVISED RATE
AND METHOD OF APPORTIONMENT OF SPECIAL TAX (FIRST READING)
On December 14, 2004, the Council adopted the resolution of intention to modify the
types of public facilities to be financed by Community Facilities District 2001-1 (CFD
2001-1). The Council also approved amending the Rate and Method of Apportionment
and the special taxes thereof, annexation of certain commercial territory into CFD 2001-1
and increasing the appropriation limits for CFD 200 I-I. Adoption of the resolutions
certifies that 100% of the eligible voters were in favor of the proposed modifications to
the types of public facilities authorized to be financed by this Community Facilities
District for Improvement Area B. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolutions and place the ordinance on first
reading.
Page 2 - Council Agenda February 8, 2005
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6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORlZING THE MODIFICATION TO THE CITY OF CHULA VISTA
MONUMENT WALL LOCATED AT THE POLICE DEPARTMENT AND THE
CONSTRUCTION OF AN EMPLOYEE SERVICE RECOGNITION WALL
The Police Department seeks approval to modifY the original plans for the memorial wall
to include the establishment of a Countywide law enforcement memorial to recognize the
"line of duty deaths" of Chula Vista Police Officers Clarence L. Henrichon and Robert
Earl Cox, as well as the other 76 law enforcement personnel who have died in the line of
duty dating back to 1864. In addition, the department also seeks approval to construct an
employee service recognition wall that was originally incorporated into the memorial
wall. (Police Chief)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for jùture discussion or refer the matter to staff. Comments are limited to
three minutes.
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
7. CITY MANAGER'S REPORTS
8. MAYOR'S REPORTS
9. COUNCIL COMMENTS
CLOSED SESSION
10. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: 525 Hunte Parkway, Chula Vista, CA
Agency negotiator: David D. Rowlands, Ir.
Negotiating Parties: City ofChula Vista, California Bank & Trust
Under Negotiation: Price and terms
ADJOURNMENT to the Regular Meeting of February 15, 2005, at 6:00 p.m. in the Council
Chambers, and thence to an Adjourned Regular Meeting on February IS,
2005, at 7:00 p.m. in the Council Chambers for the purpose of a workshop
with the Planning Commission.
Page 3 - Council Agenda February 8, 2005
Page 1 of 1 #-/
Lorraine Bennett
From: Jason Harmon Uasonwharmon@cox.net]
Sent: Monday, January 31,20055:08 PM
To: Lorraine Bennett
Subject: FW: IFC position
Lorraine,
It was good to see you today. Please find the resignation of commission member Sara Alviz below.
Best regards,
Jason Harmon, Chair
City of Chula Vista
International Friendship Commission
From: sara aiviz [mailto:saraalviz@hotmail.com]
Sent: Monday, August 30, 2004 9:26 AM
To: trominger@ci.chula-vista.ca.us; jasonwharmon@cox.net; michiecrockett@hotmail.com;
oscarga@aol.com; joe@newandusedcomputers.com; e.mellor@att.net; lsevilla@swc.cc.ca.us;
melani_emery@hotmail.com; royalrs@aol.com
Cc: AHarrison@ci.chula-vista.ca.us
Subject: RE: IFC position
Dear Fellow Commisioners,
After careful consideration of my time and family obligations, I have come to realize that I am
una1be to continue to fulfill my !FC position.
I have really enjoyed my time on the !FC and enjoyed the friendships that has formed, but I hope
you can realize that I must put my family first.
I hope this isn't too large of an inconvenience for the !FC but I am positive that you wil1 get a
replacement that has more time to dedicate to the goals ofthe !FC.
Sincerely,
Sara A1viz
I
2/1/2005
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 02/08/05
ITEM TITLE: Resolution accepting bids and awarding a contract for construction
of the Upgrade of Traffic Signal at First Avenue and H Street (TF-311)
project, to AEC Grading & Paving a Joint Venture dba ACE Electric/AEC
Construction
SUBMITTED BY: Director of General Services/City Engineer ~
REVIEWED BY: City Manage¡;t\)~ (4/Sths Vote: Yes.x.. No->
Upgrade of traffic signal at the subject intersection was approved and budgeted as part of the FY
2003-2004 Capital Improvements Program (CIP). The scope of the project includes the Upgrade of
existing traffic signal system and other work necessary to complete the project.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS: Not applicable.
DISCUSSION:
This proj ect was budgeted to fund the upgrade of two signalized intersections located at First
Avenue/H Street and Second Avenue/H Street. The total budget for both signal upgrades is
$250,000. Staff submitted both intersections for grant funding in December of 2002 under the
Hazard Elimination Safety (HES) program and, in a letter dated June 26, 2003, received notification
that the intersection at Second Avenue and H Street was approved for funding in the 2004/2005
Federal fiscal year starting October 1, 2004.
While waiting for construction authorization from Caltrans for the Second A venue and H Street
upgrade (required as part of the Federal funding), staff decided to separately advertise and construct
the upgrade at First A venue and H Street. This proposed upgrade would improve the coordination at
the adjacent intersection, reduce delays, and enhance safety at the intersection.
On December 15, 2004, bids were received from the following contractors:
IF=~""'~-=-=-~"-=-=--'·'" ,.. T Bid Amount
11_.Çgntractor . I ...-
! AEC Grading & Paving a Joint Venture dba ACE I $103,328
I Electric/ AEC Construction (San Diego, CA) I
¡ T & M El"tri, db, Pony El"tri, (S~'"', CA) I
i $103,950
I
.. HMS Cons~ction, Incorporated (S,an Marcos, CA) ! $114,697
-+-------- n__._
, ~:~~s Electnc, Incorporated (EI Cajon, CA) . . , $114,803
!
- .....-."""..
The low bid, submitted by AEC Construction, is above the engineer's estimate of$98, 1 00 by $5,228.
Construction costs were slightly higher than origir:ally estimated due to an increase in labor costs,
AEC Construction is currently installing a traffic signal project in the City with satisfactory
performance.
2-1
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·
Page 2, Item .)
Meeting Date 02/08/05
Disclosure Statement: The Contractor's Disclosure Statement is provided as Attachment 2.
· Environmental Status: The work involved in this project is categorically exempt under Section
15301 of the California Environmental Quality Act (Minor Alterations of Existing Public
Improvements or Public Structures).
r--·-····-··-··-- FUÑDS IiEQüiRËDFÕR'êõÑSTRüëTïõÑ------¡
i A. Contract Amount (AEC Grading and Paving) $ 103,328 '
B. 10% Contract Contingencies $ 10,332
¡i C. Preliminary Engineering $ 18,620
. D. Construction Inspection $ 5,000
· ' TOTAL FUNDS REQUIRED FOR CONSTRUCTION $ 137,280
:'==-~... ,.......... ...". ............ ,,,,"",.. ,... .........,........ ....- ..,- -...."--
'---------roNDSÄŸÄlLABi::E FOR CÕÑŠTRUëTION -------,
~
A. Gas Tax for First Ave and H St $ 20,000 ¡I
--- $ 117,280 i
B. Traffic Signal Fund amount for First Ave and H St
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION ' $137,280.00 II
_..-__...'''''''....__...._......'''''''~_...._......~'''''''''--''''''''''''--''''''',..''''''''''''''....~.. -.-----..-"
FISCAL IMPACT:
There is no impact to the General Fund for construction. Construction will be entirely funded from
Traffic Signal funds and Gas Tax. However, with increased construction costs for First Avenue and
H Street, and similar cost increases expected for the improvements at Second A venue and H Street,
staff anticipates a need to request additional funding forTF-326 (the signal at Second Avenue andH
Street) when the project is ready to be awarded. Staff anticipates awarding this project in April,
2005. Upon completion of improvements at First Avenue and H Street, normal annual signal energy
and maintenance costs are estimated to be $4,500 for the intersection.
Attachments:
Attachment 1: Scope of Work Summary for projects TF-311
Attachment 2: Contractor's Disclosure Statement
J:IEngineerIAGENDAICAS200512·8-05ITF311Al13.mlcm, 2-8·05.doc
2-2
Attachment 1
Scone of Work Summarv
Proiects TF-311,
Furnish and Install:
· New Traffic Signal Standards
· Mast Arms
· Signal Light Emitting Diode (LED) Indications
· Wiring
· Video Detection System
· Conduits
· Luminaries
.. Pull Boxes
· Internally TIluminated Street Name Signs (IISNS)
· Meter Pedestal
· Uninterruptible Power Supply (UPS) Unit
· Signs
· Striping
· Emergency Vehicle Pre-Emption (EVPE) System
· Traffic Control
Other Work:
· GrindinglSandblasting and Resurfacing Pavement on Conflicting Striping and Legends.
· Removal and Salvage of Existing Street Light Mast Arms, Luminaires, Existing Signs
· Relocation of existing indications, IISNS, and EVPE.
· Replacing existing pull box and new LED arrow per pIan
· Protection, Restoration, Removal and Disposal of Existing Conflicting Improvements.
· Construction of all Appurtenances and other Miscellaneous Work Necessary to make the
Traffic Signal Systems Complete and Operational.
.
2-3
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·
CITY OF CHULA VISTA DISCLOSURE STATEMENT
J'ursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
· election must be filed. The following information must be disclosed:
l. List the names of all persons having a financial interest in the property that is the subject of the
app1ication or the contract, e,g" owner, applicant, contractor, subcontractor, material supplier.
lr .:>1'1.
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
· individuals with a $2000 investment in the business (corporation/partnership) entity.
N:;>J1~
3. If any person' identified pursuant to (1) above is a non-profit organization or trust. list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
f./-....-¡~.
4. Please identify every person, including any agents, employees, consu1tants. or independent
contractors you have assigned to represent you before the City in this matter.
ftonC'
5, Has any person' associated with this contract had any financial dealings with an official" of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No "-
IS
IICitywide2000lhomelEngineerlTRAFFlaACAD DwgsICIP2>R4JECTSITf-311 ITF-3ll Specsl st-H.doc
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No X. Yes _ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc,) Yes _ N0.x.-
If Yes, which official" and what was the nature of item provided?
Date: l:f:>/o-t
I Signatur
'c.~\..l..."y.JD..s.
Print or type name of Contractor/Applicant
, Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other. county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as
a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member ofa board, commission, or committee of the City, employee, or staff members,
I~ .
IICitywide2000\homelEngineerlTRAFFIClACAD DwgsICIP~ JECTSITf-311ITF-31] Specslst-H.doc
,----- - --- ---,~~-----
RESOLUTION NO, 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR
CONSTRUCTION OF THE "UPGRADE OF TRAFFIC SIGNAL AT
FIRST A VENUE AND H STREET (TF-311)" PROJECT
WHEREAS, on Tuesday, December 15, 2004, the Director of General Services received
sealed bids for the "Upgrade of Traffic Signal at First Avenue and H Street (TF-311)" project;
and
WHEREAS, four contractors submitted bids to perform the work as follows:
Bid Amount
$103,328
$103,950
$114,697
$114,803
WHEREAS, the low bid submitted by AEC Construction, is above the engineer's
estimate of$98,100 by $5,228, Construction costs were slightly higher than originally estimated
due to an increase in labor costs. AEC Construction is currently installing a traffic signal project
in the City with satisfactory performance; and
WHEREAS, the work involved in this project is categorically exempt under Section
15301 of the California Environmental Quality Act (Minor Alterations of Existing Public
Improvements or Public Structures).
NOW, THEREFORE, be it resolved the City Council of the City of Chula Vista does
hereby accept bids and award the contract for construction of the "Upgrade of Traffic Signal at
First Avenue and H Street (TF0311) project, to AEC Grading and Paving a Joint Venture dba
ACE E1ectric/AEC Construction,
Presented by Approved as to form by
~
Jack Griffin ~ Moore
Director of General Services City Attorney
]:\attomey\reso\bids\AEC Grading & Paving
1
2-6
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COUNCIL AGENDA STATEMENT
Item g
Meeting Date 02/08/2005
ITEM TITLE: Resolution approving change orders requested by The Eastlake
Company, for the construction of Telegraph Canyon Trunk Sewer
Improvements.
SUBMITTED BY: Director of General Services/City Engineer t;þ...
/IV.v
REVIEWED BY: City Manager ') <' VI (4/5ths Vote: Yes_K.ßo_)
The City entered into an agreement with the Eastlake Company (EastLake), which authorized
EastLake to construct required improvements to the Telegraph Canyon Trunk Sewer and
authorized EastLake to be reimbursed from the project funds. EastLake has completed the
improvements. EastLake has submitted a request for reimbursement in accordance with the terms
of the agreement.
BOARDS/COMMISIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council adopt the resolution.
DISCUSSION:
Backe:round
On November 13, 2001, Council approved three resolutions (Resolution Nos, 2001-378, 2001-
379 and 2001-380) to facilitate the construction of certain required improvements to the
Telegraph Canyon Trunk Sewer. These resolutions authorized the appropriation of funds from
the Trunk Sewer Fund to the Telegraph Canyon Trunk Sewer Project account (SW224). In
addition, Council approved an agreement between the City and EastLake, which authorized
EastLake to design and construct the required improvements and authorized EastLake to be
reimbursed from project funds.
Subsequently, EastLake retained ARB Inc. to construct the improvements, The overall project
cost including engineering design and construction management services totaled $2,876,233.
However, upon completion, the total cost of the project was determined to be $3,207,978,92 (not
excluding contract penalties and other incidental costs). The attached Exhibit A shows the
itemized list of change orders for work that was not provided fór in the original contract. Exhibit
B shows the final cost of the proj ect.
3-1
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Page 2, Item 2
Meeting Date 02/08/2005
·
Change Orders related to the Telegraph Canyon Trunk Sewer Improvements
The submittal includes a request for reimbursement for Change Orders totaling $317,735.41.
This includes 12 construction change orders (hard costs) totaling $80,734.16 and 1 consultant
services (soft costs) change order in the amount of $237,001.25, for a total project cost of
$2,828,082.42. This final cost reflects the City's retention of contract liquidated damages in the
amount of $310,500.00 charged to ARB Inc. by The Eastlake Company for failure to complete
the work on schedule. The Project's Auditor (Pacific Municipal Consultants) has audited all the
Change Orders, Eastlake has been paid a total of $2,220,138.36 in progress payments in
· accordance with the terms of the Reimbursement Agreement, for this project between November
30, 2001 and April 24, 2003. All the required improvements to the Telegraph Canyon Trunk
Sewer covered under this contract have been completed and approved by City staff.
The final payment due to EastLake would be in the amount of $875,944.12 (this includes an
additional $268,000 in related project 'expenditures authorized by Council in closed session for
this project).
Conclusion
· There is one Resolution for this item on today's agenda, which, if adopted, will accomplish the
following:
. Approve the thirteen (13) change orders for the Telegraph Canyon Trunk Sewer
Improvements and authorize staff to reimburse EastLake for the expenditure.
FISCAL IMPACT:
This project was funded with Telegraph Canyon Gravity Basin Development Impact Fee (DIP)
funds and Trunk Sewer Capital Reserve Funds. There is no impact to the General Fund as a
result of this approval. The additional costs resulting from the approval of the Change Orders
will be funded with funds already budgeted for the project.
Attachments
A· Table showing an itemized list of the project Change Orders
B - Table showing the final project cost
J:\Engineer\AGENDA \EastLake-Final-Reimbursement- Telegraph.ac,doc
3-2
ATTACHMENT A
CHANGE ORDER - DETAILS
Change Description Amount
Order No.
ARB Chan",e Orders
1 Mandrel testing $3,186,21
2 Additional signs and notices $330,28
3 Remove and replace existing manholes with new manholes (5 total) $28,330.30
Replace 4 existing Rainbird irrigation valves, asphalt concrete skin patch, satin slurry seal and
restripe parking lot, install two additional construction signs~ recess the Otay Water Districts steel $5,781.60
4 plates located at station 12+97.
Grind and pave 25 x 22 area and 60 x 11 area for Otay Water District on Telegraph Canyon Road $5,340.50
5 between Old Telegraph Canyon Rd and Elks Lane.
Furnish/install new sewer manhole at approx. station 0+20. Provide Flagmen during shutdown of
Telegraph Canyon Road, provide delivery notices for weekday work with intersection of $13,004,05
Telegraph Canyon/Oleander,furnish/install construction signs, fog seal and sand approx 60 square
6 feet of asphalt patches prior to slurry sealing within the parking lot at Station 23+00,
7 Voided $0.00
8 Voided $0.00
9 Dismantle bypass piping for Setup Number 2. $2,461,09
10 Remove sewer pipe interior fusion weld beads $6,590.88
11 Remove manhole and install new concrete pipe support for existing 16" waterline. $4,598.30
Excavate an 8xl0' pit and remedy the 2" irrigation line. Time and material to slurry the excavation $11,110,95
12 hole and pave the pit area.
Subtotal Construction Change Orders $80,734.16
PBS&T Chan",e Orders: Amount
Project Management- Additional Project Supervision $51,349.00
Project Management- Additional Project Supervision $60,789.00
Project Management- Additional Project Supervision $124,863.25
Subtotal Consultant Change Orders $237,001.25
Total Change Order Amount $317,735.41
J:\Engineer\Sewer\2004\T elegraph CagOn'ARB-Change-Order-deSCriPtions
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~
RESOLUTION NO, 2005-
RESOLUTION APPROVING CHANGE ORDERS REQUESTED BY
THE EASTLAKE COMPANY, FOR THE CONSTRUCTION OF
TELEGRAPH CANYON TRUNK SEWER IMPROVEMENTS
WHEREAS, The City entered into an agreement with the Eastlake Company (EastLake),
which authorized EastLake to construct required improvements to the Telegraph Canyon Trunk
Sewer and be reimbursed from the project funds and;
WHEREAS, in the course of constructing the project it was determined that additional items
of work which were not previously included in the original contract needed to be constructed as part
of the required improvements to the Telegraph Canyon Trunk Sewer, thereby necessitating the
approval of certain Change Orders to the contract, and;
WHEREAS, EastLake has completed the required Telegraph Canyon Trunk Sewer
improvements, and;
WHEREAS, EastLake has submitted a request for reimbursement in accordance with the
terms of the agreement, for both the original contract items and the additional Change Order items,
and;
WHEREAS, City staff and consultants have performed an audit of the project to verify the
cost of the proj ect and further verified that the required improvements have been completed in
accordance with the proj ect plans;
NOW, THERFORE BE IT RESOLVED, that the City Council of the City Chula Vista dÐes
hereby approve the change orders requested by The Eastlake Company, for the construction of
Telegraph Canyon Trunk Sewer Improvements.
Presented by Approved as to form by
Jack Griffin Ann Moore
Director of General Services City Attorney
3-5
-. -.---- --------.-----.--
· Resolution No. 2004-
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of February, 2005, by the following vote:
AYES: Councilmembers:
NAYS: Councilmembers:
·
ABSENT: Councilmembers:
Stephen C. Padilla, Mayor
ATTEST:
·
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California do hereby certify that the foregoing
Resolution No. 2005 - was duly passed, approved, and adopted by the City Council at a regular
meeting ofthe Chula Vista City Council held on the 8th day of February 2005,
Executed this 8th day of February, 2005.
Susan Bigelow, City Clerk
-
J :\Engineer\AGENDA \Resos\Resos2005\2-8-05\Reso- EastLake-Final- Reimb- Telegraph.ac, 2-8-
05 _doc
3-6
RESOLUTION NO. 2005-
RESOLUTION APPROVING CHANGE ORDERS REQUESTED
BY THE EASTLAKE COMPANY, FOR THE CONSTRUCTION
OF TELEGRAPH CANYON TRUNK SEWER
IMPROVEMENTS
WHEREAS, on Novernber 13, 2001, the City Council approved three resolutions (Nos.
2001-378, 2001-379, and 2001-380) to facilitate the construction of certain required
improvements to the Telegraph Canyon Trunk Sewer ("Project"); and.
WHEREAS, the City Council also approved an agreement with the Eastlake Company
(Eastlake), authorizing Eastlake to construct required improvements to the Telegraph Canyon
Trunk Sewer and be reimbursed from the project funds; and
WHEREAS, in the course of constructing the project it was determined that thirteen (13)
additional items of work which were not previously included in the original contract needed to
be performed ("Change Orders") as part of the required improvements to the Telegraph Canyon
Trunk Sewer; and
WHEREAS, the total cost of the Project was $2,828,082.42, with $317,735.41
attributable to the 13 Change Orders; and
WHEREAS, Eastlake has completed the required Telegraph Canyon Trunk Sewer
improvements; and
WHEREAS, Eastlake has submitted a request for reimbursement in accordance with the
terms of the agreement, for both the original contract items and the additional change order
items; and
WHEREAS, City staff and consultants have performed an audit of the project to verify
the cost of the project and further verified that the required improvements have been completed
in accordance with the proj ect plans.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City Chula Vista
does hereby approve the thirteen (13) change orders requested by The Eastlake Company in the
amount of $317,735.41 associated with the construction of Telegraph Canyon Trunk Sewer
Improvements,
Presented by Approved as to form by
~ ì. (-f-e-
Jack Griffin Ann Moore
Director of General Services City Attorney
attorney\reso\finance1tel cyn trunk sewer 13 change orders.doc
3-7
-,,- ._--_._-~-_.
COUNCIL AGENDA STATEMENT
Item 4
Meeting Date 2/8/05
ITEM TITLE: Resolution Approving the Final Map of Chula Vista Tract No. 02-
05, Otay Ranch Village 6 Unit 1, Neighborhood R-8; and approving the
associated Supplemental Subdivision Improvement Agreement for Chula Vista
Tract No, 02-05, Otay Ranch Village 6 Unit 1, Neighborhood R-8
SUBMITTED BY: Director of General Services / CitY Engineer f;þ.;
tl
REVIEWED BY: City Manage ::r~ r.:r (4/5ths Vote: Yes_ No X )
On March 26, 2002 Council approved a Tentative Subdivision Map for Otay Ranch Village 6,
Approval of the Final "B" Map and its associated Supplemental Subdivision Improvement Agreements,
will allow the [mal map to record and the individual units within the project to be sold.
RECOMMENDATION: That Council adopt the resolution,
BOARDS AND COMMISSIONS: Not applicable,
DISCUSSION:
Chula Vista Tract No. 02-05, Otay Ranch Village 6 Unit 1, Neighborhood R-8 is a 12.042 acres
condominium project generally located at the south east comer of the intersection of Olympic Parkway
and East Palomar Street. The project will consist of 293 attached units. The Tentative Map for Village
6 was approved on March 26, 2002 (Resolution No. 2002-089),
Final Map: The Final "B" Map has been reviewed by the City Engineer and the Director of Planning
and found to be in substantial conformance with the approved Tentative Map, The developer, Otay
Ranch R-8, LLC, has already paid all applicable fees associated with the filing of a [mal map.
In addition to Final Map approval, staff recommends that Council approve the associated Suoolemental
Subdivision Imorovement A!ITeement which addresses several unfulfilled conditions of the Tentative
Map approved by Resolution No, 2002-089 and DRC 02-50. These conditions will remain in effect
until the developer and/or their successors(s) in interest satisfy them prior to the issuance of Certificate
of Occupancy.
FISCAL IMP ACT: There is no impact to the General Fund. The developer has paid all fees and other
costs associated with the proposed Final Map and agreements.
Attachments:
Attachment 1: Plat ofChula Vista Tract 02-05, Otay Ranch Village 6 Unit 1, Neighborhood R-8
Attachment 2: Developer's Disclosure Statement
Exhibit A: Supplemental Subdivision Improvement Agreement
File No. OR928F
J: IEngineerlLANDDEVlProjectslOtay Ranch Village 610R 92SF RS\Al13 V6 R-S.doc
4-1
- ---------------..-
CHULA VISTA TRACT NO. 02-05
OTAY RANCH VILLAGE 6
UNIT 1 - NEIGHBORHOOD R-8
MAP 14628
2
MAP 14622
MAP 14616
15
"C' R~9B
~
P~1 "8"
II
nOn
5-1
0 400 800 1200
~ I I
SCALE 1"= 400'
. HUNSAKER
i ~ !'~1~?~~~ !ES
PlANNING 10179 Huennekem Street
ENGINEERING San Diego, Ca 92121
SURVEYING PH(858)S58-450Q· FX(858}558·1414 4-2
R: \0429\l<Mop\AX R8 CITY OVERLAY_OWG[ 1275]Ooc-20-2004: 17: 14 jn, 2409-03
-..." ...~_.."'_._....._.- ..--.-.,,- ---~-_.~--
City of Chuta Vista Disclosure Statement
Pursuant to Council Policy 10 I ,01, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be
filed. The following information must be disclosed:
L List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
OTAY RANCH R-8, LLC
RIMROCK CONSTRUCTION, INC.
2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
.TAMES P. BALDWIN
JASON P. BALDWIN
3. If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust
N/A
4, Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
MICKEY DIAZ MARC LOVATO
TOM PICARD
HUNSAKER & ASSOCIATES
5. Has any person* associated with this contract had any financial dealings with an official'* of the City of
Chula Vista as it relates to this contract within the past 12 months. Y es_ No~
4-3
- -~_...- --... - -.,.".-----..-----.....---.
·
City of Chula Vista Disclosure Statement
If Yes, briefly describe the nature of the financial interest the official** may have in this contract.
· 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member
of the Chula Vista City Council? No X. Y es _ If yes, which Council member?
7.
Have you provided more than $340 (or an itern of equivalent value) to an official" of the City of Chula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc) Yes _ No ~
If Yes, which official** and what was the nature of item provided?
·
OTAY RANCH R-8, LLC
.- ;:20 I X:aS
Date: ....J Q..{\
Cheryl A. Fiege ~L{J..e·~ .
Print or type name of Contr~ctor/ Applicant
·
* Person is defined as: any individual, firnl, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or
other political subdivision, -or any other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
J:\Attomey\fonns\disclosure statement 3-6-03
4-4
RESOLUTION NO, 2005-
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE
FINAL MAP OF CHULA VISTA TRACT NO, 02-05, OTAY RANCH
VILLAGE 6 UNIT 1, NEIGHBORHOOD R-8; AND APPROVING A
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR CHULA VISTA TRACT NO, 02-05, OTAY RANCH VILLAGE 6
UNIT 1, NEIGHBORHOOD R-8
WHEREAS, the developer, Otay Ranch R-8, L.L.C., has submitted a final map for Otay Ranch
Village 6, Neighborhood R-8, and DRC-02-50; and
WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to
satisfy remaining conditions of City Council Resolution No. 2002-089.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
hereby finds that certain maps survey entitled Chula Vista Tract 02-05 OTAY RANCH, VILLAGE SIX,
UNIT 1, NEIGHBORHOOD R-8 and more particularly described as follows:
A subdivision of lots 4 and 5 according to map thereof No. 14446, Chula Vista Tract No. 02-05 Otay
Ranch, Village Six Unit 1 "A" Map No.1, in the City of Chula Vista, County of San Diego, State of
Califomia, filed in the office of the County Recorder of San Diego County on September 18, 2002,
Gross Area: 14.680 Acres No. of Lots: 3
Numbered Lots: 2 Lettered Lots: 1
Public Open Space Lots: 2.638 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 RESOLVED, the City Council of the City of Chula Vista does hereby approve the
Supplemental Subdivision Improvement Agreement for Chula Vista Tract No, 02-05, Otay Ranch
Village 6, Neighborhood R-8, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is hereby authorized
to execute said agreements for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby
authorized and directed to endorse upon the final subdivision map the action ofthe City Council and to
transmit said map to the Clerk ofthe Board of Supervisors of the County of San Diego.
Presented by Approved as to form by
.1) ~ 7, E-f-. ~
Jack Griffin Ann Moore
Director of General Services City Attorney
attorneylresolmapslOtay Ranch Village 6 - R8.doc
4-5
---...- __ __ .._"_..u_'''__.-..-__________ ...,.-,-...-----.-
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
l:h- { . l-L-
Ann Moore
City Attorney
Dated: February 2,2005
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF CHULA VISTA, OTAY RANCH R-8 LLC, AND
OTAY RANCH LP FOR THE OTAY RANCH VILLAGE SIX UNITS 1,
NEIGHBORHOOD R-8 FINAL MAP
-
-
4-6
.-...----...-- _. ._... --- ----~_._--
RECORDING REQUEST BY: )
)
City Clerk )
)
WHEN RECORDED MAIL TO: )
)
CITY OF CHULA VISTA )
276 Fourth Avenue )
Chula Vista, CA 91910 )
)
No transfer tax is due as this is a )
conveyance to a public agency of )
less than a fee interest for which )
no cash consideration has been paid )
or received. )
)
)
Developer )
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE OTAY RANCH VILLAGE SIX UNITS 1, NEIGHBORHOOD R-8
(Conditions: 1,2,3,4,5,8, 10, 11, 12, 17,19,20,24,25,53,60,62,
66,69,81,93,95,105,128,131,132,134,136,142,154, 155, 156,
157,158,165,174,179,180,181,182, and 183 of Resolution No,
2002-089)
This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day
of ,2005, by and between THE CITY OFCHULA VISTA, California ("City" or
"Grantee" for recording purposes only) and the signators of this Agreement, Otay Ranch R-8, L.L.c.,
a Delaware Limited Liability Company, and Otay Project. L.P_, a California Limited Partnership,
("Developers" or "Grantors"), with reference to the facts set forth below, which recitals constitute a
part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"),
The Property is part of Otay Ranch Village 6, a master planned development. For purposes of this
I
4-7
- ...._-~_._----_...~
Agreement the term "project" shall also mean "Property". Developer has applied for a final map for
· the Property, more specifically knówn as Otay Ranch, Village Six Unit 1, Neighborhood R-8.
B. Otay Project L.P. conveyed title to Neighborhood R-8 to Otay Ranch R-8, L.L.C., on October
17,2002
C. Developer and/or Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 02-05 ("Tentative
----su!Jdivi..,.Ü:)flMap"1-f~r-fue-subcli·vi5ierre_f__the_P·r_eperty.
D. The City has adopted Resolution No. 2002-089 ("Resolution") on March 26,2002, pursuant
· to which it has approved a Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to approve
the final map of the property known as Otay Ranch, Village Six Unit 1, Neighborhood R-8 as being
in substantial conformance with the Tentative Subdivision Map described in this Agreement.
Developer understands that subsequent final maps may be subject to the same security, terms and
conditions contained herein.
F. "Notice of Decision" means the findings and conditions of the Design Review Committee
· (DRC) and subsequent DRC Modification that was approved on January 3,2005, case number DRC-
02-50.
G. The City has adopted an agreement for monitoring ofbuilding permits, Resolution No. 2003-
067 on April 15 , 2003 ("Monitoring Agreement"), pursuant to which the number of building permits
within the Tentative Subdivision Map is limited to construction ofSR125.
H. The following defined terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Map" means the fmal map for Otay
Ranch, Village Six Unit 1, R-8.
2. "Owner or Developer" means the person, persons or entity having a legal or an
equitable interest in the property or parts thereof and includes Owner's successors-in-interest and
assignors of any property within the boundaries of the map. This includes Otay Ranch R -8, L.L.c., a
Delaware Limited Liability Company, and any and all owners of real property within the boundaries
of the Property.
3. "guest builder" means those entities obtaining any interest in the Property or a
2
4-8
portion of the Property, after the Final Map has been recorded.
4. "PFFP" means the Otay Ranch Village Six SPA PIan Public Facilities Finance
Plan adopted by Resolution No. 2002-022 as may be amended from time to time.
5. "RMP 2" means the Otay Ranch Resource Management Plan, .Phase 2,
approved by the City Council on June 4, 1996, as may be amended from time to time.
6. --JJPreservelBwnerM-anager''--is-the--entityor-entities-defined-by-the-R:MP%wi1:h
the duties and responsibilities described therein.
7. "Village Six SPA" means the Village Six Sectional Planning Area Plan as
adopted by the City Council on January 22,2002 pursuant to Resolution No. 2002-022.
8. '''A' Map Agreement": means the SSIA for Village 6 Unit 1 'A' Map No.1
approved by Resolution No. 2002-335
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon
and inure to the benefit of the successors, assigns and interests of the partiès as to any or aIl of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit ofthe Property and the City, its successors and assigns and
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties public or
private, in whose favor and for whose benefit of such covenants running with the. land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project to a guest builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
obtain the written consent of the City to such release. Such assignment to the guest builder shall,
3
4-9
-- ---...-'. -.. ..~._-~-,-----_._--
·
however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant
running with the land. The City shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the
obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City,
its ability to perform its obligations under this Agreement as it relates to the portion of the Proj ect
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of
the-Projeet-ß'ubjeet-tcrthe-Burclen-oHhis--A-greement,upon -request--by--the-Bevel~per or its-assignee,----
· the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction of the City and
such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder
of the Burden will not be completed.
e. Release ofIndividual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any 10t( s) fiom Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residentiallot to
· a buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association.
The City shall not withhold its consent to such release so 10ng as the City finds in good faith that
such release will not jeopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
2. Condition No.1 - (General Preliminary) In satisfaction of Condition No.1 of the
Resolution, Developer hereby agrees that all ofthe terms, covenants and conditions contained herein
shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of
the Developer as to any or all of the Property. For purposes of this document the term "Developer"
shall also mean "Applicant".
3. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of the
4
4-10
Resolution, Developer agrees to comply with aIl requirements and guidelines of the City of Chula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual;
Chula Vista Design Manual; Design Review Committee, Notice of Decision DRC-03-50 attached
hereto and made a part hereof; Otay Ranch General Development Plan; Otay Ranch Overall Design
Plan, adopted on March 14, 1995, Otay Ranch Resource Management Plan, Phase 1 and Phase 2;
Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Second-Tier Environmental
Impact Report (EIR 98-01); Otay Ranch Village Six Sectional Planning Area (SPA) PIan and
supporting documents including: Public Facilities Finance Plan; Parks, Recreation, Open Space and
TmilB-Fkm¡---SPA-AfføroaÞle--H-eusing-P-km¡-anà-the-Nen-Renew-aÞle--EneFgy-Genservatien-P-I1!n a¡;
amended from time to time, unless specifically modified by the appropriate department head, with
the approval of the City Manager. These plans may be subject to minor modifications by the
appropriate department head, with the approval of the City Manager, however, any material
modifications shall be subject to approval by the City Council.
4. Condition No.3 - (General Preliminary). In satisfaction of Condition No. 3 of the
Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained
herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time,
if any of such conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modifY all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditions or
seek damages for their violation. The Developer agrees to be notified 10 days in advance prior to
any of the above actions being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City.
5. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the
Resolution, Developer agrees to indemnifY, protect, defend and hold the City harmless from and
against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to
the Environmental Impact Report and subsequent environmental review for the Project and any or all
entitlements and approvals issued by the City in connection with the Proj ect.
6. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of the
Resolution, Developer agrees to comply with aIl applicable Village Six SPA conditions of approval,
(pCM 99-15) as maybe amended from time to time.
7. Condition No.8 - (General Preliminary). In satisfaction of Condition No.8 of the
Resolution, a reserve fund program has been established by Resolution No. 18288 for the funding of
the Fiscal Impact of New Development (F .I.N.D.) Model for the Otay Ranch Project. The Developer
agrees to provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to
the provisions of the Growth Management Ordinance and the Otay Ranch General Development PIan
(GDP), the Developer agrees to participate in the funding of the preparation of an annual report
monitoring the development of the community of Otay Ranch. The annual monitoring report will
5-
4-11
- ,.._--~~-_._---_._.,--
·
analyze the supply of, and demand for, public facilities and services governed by the threshold
standards. An annual review shall commence following the fIrst fiscal year in which residential
occupancy occurs in the Proj ect and is to be completed during the second quarter of the following
fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the
GDP/SRP.
8. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of
· the Resolution, the Developer agrees to comply with the terms of the Conveyance Agreement, as
--~·-may-he-amended--from-time--¡o-time;adopted-by-Resoiution-No:-i-84t6-by--the-€ity-€ounci-l-on----
October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and
Building.
9. Condition No. 11 - (General Preliminary). In satisfaction of condition No. 11 of
the Resolution, the Developer agrees that should any of these conditions conflict with the Olympic
Parkway Financing and Construction Agreement approved by Council Resolution 19410, the
Olympic Parkway Financing and Construction Agreement shall control
· 10. Condition No. 12 - (Environmental). In satisfaction of condition No. 12 of the
Resolution, the Master Developer agrees to implement, to the satisfaction of the Director of Planning
and Building, all environmental impact mitigation measures identified in Final EIR 98-01
(SCH#2001041033), the candidate CEQA Findings and Mitigation Monitoring and Reporting
Program (Final EIR 98-01), and subsequent Addendum thereto, dated March 7, 2002.
11. Condition No. 17 - (Environmental). In satisfaction of condition No. 17 of the
Resolution, the Developer agrees that simultaneously with conveyance of land to the Preserve
Owner/Manager (POM) in fee title or by easement, the Developer agrees to cease all cattle grazing
on the land to be conveyed. In addition, the Developer agrees to ensure through the maintenance of
· existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed
necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. In
addition, Developer agrees to comply with the requirements ofthe RMP, Phase One and Two, Range
Management Plan to the satisfaction of the Director of Planning and Building.
12. Condition No. 19 and 20 - (Environmental). In satisfaction of condition No. 19
and No. 20 of the Resolution, the Applicant agrees tò convey fee title, or upon the consent of the
Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to those
permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the request of the
POM for an amount of land equal to ihe final map's obligation to convey land to the Preserve.
Where an easement is conveyed, the Applicant agrees to provide subordination of any prior lien
holders in order to ensure that the POM has a first priority interest in such land. Where consent and
subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an
easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an
easement is granted, each tentative map is subj ect to a condition that fee title shall be granted upon
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demand by the POM. The Applicant further agrees to maintain and manage the offered conveyance
, property consistent with the Phase 1 and 2 RMP guidelines until such time when the POM has
accepted the conveyance property.
13. Condition No. 24 - (Noise Barriers). In satisfaction of condition No. 24 of the
Resolution, the Developer agrees that unless required noise barriers are constructed, no building
permits shall be issued for those 10ts within the noise contour of 65 CNEL or greater as described in
the Noise Technical Report for Otay Ranch Village Six, dated September 24,2001, unless earlier
modi-fied-by-agreement-with--tfie·Gity-ef--C-hul-a-¥ist-a,--C--+¥-et'-it.s-sue6esser-ffi-inter-est-,-and-Applieant.
Developer acknowledges and agrees that all noise barrier design and construction adjacent to SR-125
shall be coordinated with the City of Chula Vista, CAL TRANS, and CTV or its successor in interest.
Developer further acknowledges and agrees that the noise barrier design and construction adjacent to
SR -125 may be modified should a subsequent acoustical study demonstrate to the satisfaction of the
Director of Planning and Building that the applicable noise standards will be achieved by a modified
design.
14. Condition No. 25 - (Good Faith Coordination). In satisfaction of condition No. 25
of the Resolution, the Developer agrees to make a good-faith effort to coordinate development and
implementation of the Village Six SPA PIan Area with aIl other developers within Village Six
including phasing, grading, improvements and dedication of right-of-way.
15. Condition No. 53 - (Fire Dept. Codes). In satisfaction of condition No. 53 of the
resolution, the Developer agrees to comply with the Fire Department's codes and policies for Fire
Prevention, as may be amended from time to time. The Developer agrees to provide the following
items either prior to the issuance of building permit(s) for the Project, or prior to delivery of
combustible materials on any construction site on the Project, whichever occurs earlier:
a, Water supply consisting of fire hydrants as approved and indicated by the
Fire Department during plan check to the satisfaction of the Fire Department.
Any temporary water supply source is subj ect to prior approval by the Fire
Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a nùnimum standard width of20 feet.
c. Street signs installed to the satisfaction of the Department of Public Works
Operations. Temporary street signs shall be subject to the approval of the
Department of Public Works Operation and Fire Department. Locations and
identification of temporary street signs shall be subject to review and approval
by the Department of Public Works Operation and Fire Department.
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·
16. Condition No. 60 - (Transit Facilities). In satisfaction of condition No. 60 of the
Resolution, the Developer agrees to not protest the formation of any future regional benefit assessment
district to finance the MTDB San Diego Trolley LRT System.
17. Condition No. 62 - (ADA). In satisfaction of condition No. 62 of the Resolution, the
Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to meet
· "American with Disabilities Act" standards and 2001 California Building Code, Chapter II-A,
Housing Accessibility as approved by the Director ofPlanning and Building Department. In the event
the-Federal-Govemment--adopts-ABA-standards-ror-slreet-rights_ef-w-ay,mieh_ar~-eenÐiet--with--thc
standards and approvals contained herein, all such approvals conflicting with those standards shall be
updated to reflect those standards. Unless otherwise required by federallaw, City ADA standards may
be considered vested, as determined by Federal regulations, only after construction has commenced.
18. Condition No. 66 - (private Facilities). In satisfaction of condition No. 66 of the
Resolution, the Developer agrees to not install privately owned water, reclaimed water, or other utilities
crossing any public street. The installation of sleeves for future construction of privately owned
· facilities may be allowed subject to the review and approval of the City Engineer if the following is
accomplished:
a. The developer enters into an agreement with the City where the developer
agrees to the following:
1. Apply for an encroachment permit for installation of the private
facilities within the public right-of-way; and,
11. Maintain membership in an advance notice such as the USA Dig Alert
· Service; and,
111. Mark out any private facilities owned by the developer whenever work
is performed in the area; and,
IV. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
19. Condition No. 69 - (Street Names). In satisfaction of condition No. 69 of the
Resolution, Developer agrees to install permanent street name signs prior to the issuance of the first
building permit for production homes for the Project.
20. Condition No. 81 - (NPDES). In satisfaction of condition No. 81 of the Resolution,
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the Developer agrees to the following:
a. That development of the subdivision shall comply with all applicable
regulations established by the United States Environmental Protection Agency
(USEP A) as set forth in the National Pollutant Discharge Elimination System
(NPDES) permit requirements for urban runoff and storm water discharge and
any regulations adopted by the City of Chula Vista pursuant to the NPDES
regulations or requirements;
b. To file a Notice of Intent with the State Water Resources Control Board to
obtain coverage under the N.P.D.E.S. General Permit for Storm Water
Discharges Associated with Construction Activity and shall implement a Storm
Water Pollution Prevention Plan (SWPPP) concurrent with the commencement
of grading activities;
c. That the SWPPP shall include both construction and post construction
pollution prevention and pollution control measures and shall identifY funding
mechanisms for post construction control measures;
d. To complywith all the provisions of the NPDES and the Clean Water Program
during and after all phases of the development process, including but not
limited to: mass grading, rough grading, construction of street and landscaping
improvements, and construction of dwelling units;
e. To design the Project's storm drains and other drainage facilities to include
Best Management· Practices to minimize non-point source pollution,
satisfactory to the City Engineer;
f. That the San Diego Regional Water Quality Control Board has issued a new
Municipal Storm Water Permit (Order No, 2001-01) and that the permit
includes regulations such as implementation of Standard Urban Storm Water
Mitigation Plans (SUSMPS) and Numeric Sizing Critèria for new residential
development; and
g. To comply with all relevant City regulations and policies including, but not
limited to, incorporation into the design and implementation of the Project
temporary and permanent structural Best Management Practices and non-
structural mitigation measures that would reduce pollution of storm water
runoff to the maximum exteñt practicable.
h. To maintain storm water qualitv treatment measures in accordance with an
maintenance and inspection plan as set forth in an approved Water Oualitv
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·
Technical Report prepared for the Proiect.
l. Implement and sustain in perpetuity. a source control storm water quality
management program as outlined in the Water Qualitv Technical Report.
21. Condition No. 93 - (Grading and Drainage). In satisfaction of condition No. 93 of
· the Resolution, Developer agrees to the following:
a. Gomply-wi1:h-1:he-requirements-of-the-new--Municipal-Storn:r-Water--Pert
(Order No. 2001-01) issued by the San Diego Regional Water Quality Control
Board including revision of plans as necessary.
b. Indemnify, and hold harmless the City, its elected and appointed officers and
employees, from and against aIl fines, costs, and expenses arising out of non-
compliance with the requirements of the NPDES regulations, in connection
· with the execution of any construction and/or grading work for the Project,
whether the non-compliance results from any action by the Applicant, any agent
or employee, subcontractors, or others. The applicant's indemnification shall
. include any and all costs, expenses, attorney's fees and liability incurred by the
City.
c. That the City Engineer may require incorporation of Standard Urban Storm
Water Mitigation PIan (SUSMP) requirements during the implementation
period preceding the adoption of the local SUSMP by the City, for all priority
projects or phases of priority projects undergoing approval process, in
· accordance with Order No. 2001-01, NPDES No. CASOI08758 Municipal
Permit as determined by the City Engineer.
d. To not protest the formation of a facilities benefit district or any other funding
mechanism approved by the City to finance the operation, maintenance,
inspection, and monitoring ofNPDES facilities. This agreement to not protest
shall not be deemed a waiver of the right to challenge the amount of any
assessment, which may be imposed due to the addition of these improvements
and shall not interfere with the right of any person to vote in a secret ballot
election,
Such Developer obligation may be reassigned to a Master Homeowner's Association or other
appropriate Maintenance District subject to the approval of the City Engineer.
22. Condition No. 95- (Sewer). In satisfaction of condition No. 95 of the Resolution, the
Developer agrees to participate and shall thereafter participate in any necessary funding for
implementing and updating the Poggi Canyon sewer trunk monitoring program, as determined by the
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City Engineer.
23. Condition No. 105 - (Walls). In partial satisfaction of condition No. 105 of the
Resolution, the Developer agrees that all walls shall be constructed pursuant to EIR 98-01 and the
Village Six SPA PIan.
24. Condition No. 128 - (MHOA Responsibilities). In partial satisfaction of condition
No. 128 of the Resolution, future property owners shall be notified during escrow, by a documentto be
mitîaleâ-Dy1b:e owners, of the maintëïlance responsrõÍ1~<md1:heir estimated1!I1'ñœll
cost. Developer shall submit the document and obtain the approval of the City Engineer and Director
of Planning and Building prior to distribution through escrow, which approval shall not be
unreasonably withheld.
25. Condition No. 131- (Open space walls). In partial satisfaction of condition No. 131 of
the Resolution, the Developer shall grade a level, clear area at least three feet wide (face of wall to top
of slope), along the length of any wall abutting an open space district 10t, as measured from face-of-wall
to beginning of slope. Said area shall be as approved by the City Engineer and the Director of Planning
and Building. (Engineering, Planning and Building).
26. Condition No. 132 - (Walls adjoining open space). In satisfaction of condition No.
132 of the Resolution, the Developer agrees to ensure that aIl buyers of individuallots adjoining
open space lots, containing walls maintained by the open space district, sign a statement, when .
purchasing their homes, stipulating that they are aware that the walls are on City or HOA property
and that they shall not modifY or supplement the wall or encroach onto the property. These
restrictions shall also be incorporated in the CC&R's for all lots.
27. Condition No. 134 - (Maintenance District). In satisfaction of condition No. 134 of
the Resolution, the Developer agrees to not protest formation or inclusion in a maintenance district
or zone for the maintenance of landscaped medians and scenic corridors along streets within or
adjacent to the subject subdivision.
28. Condition No. 136 - (Assessments/bonded indebtedness). In satisfaction of
condition No. 136 of the Resolution, prior to City acceptance of any open space lots, the Developer
shall demonstrate to the satisfaction of the City Engineer, that the assessments/bonded indebtedness
for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on
the parcel(s).
29. Condition No. 142 - (Sight Distance). In satisfaction of condition No. 142 of the
Resolution, the Developer agrees to design landscape and irrigation plans such that street tree
placement is not in conflict with the visibility of any traffic signage. The Developer shall be
responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City
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·
Engineer.
30. Condition No. 154 - (GMOC). In satisfaction of condition No. 154 of the Resolution,
the developer agrees to the following:
· a. That the City may withhold building permits for the Project if anyone of the
following occurs:
.-----1. Regienal-dev{ lopment-threshold-limits-set--Þ-y-a-Qmla-¥ista-trof-ÉG-OF
transportation plans, as amended from time to time, have been
reached or in order to have the Project comply with the Growth
Management Program, as may be amended from time to time.
11. Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to comply
· with the then effective Growth Management Ordinance, and Growth
Management Program and any amendments thereto, Public utilities
shall include, but not be limited to, air quality, drainage, sewer and
water.
111. The required public facilities, as identified in the PFFP or as amended
or otherwise conditioned have not been completed or constructed to
the satisfaction of the City. The developer may propose changes in
the timing and sequencing of development and the construction of
improvements affected. In such case, the PFFP may be amended as
· approved by the City's Director of Planning and Building and the
City Engineer. The Applicant agrees that the City may withhold
building permits for any of the phases of development identified in
the Public Facilities Financing Plan (PFFP) for Otay Ranch Village
Six SPA if the required public facilities, as identified in the PFFP or
as amended by the Annual Monitoring Program have not been
completed.
b. To defend, indemnifY and hold harmless the City and its agents, officers an
Employees, from any claim, action or proceeding against the City, or its
agents, officers or employees, to attack, set aside, void or annul any approval
by the City, including approval by its Planning Commission, City Councilor
any approval by its agents, officers, or employees with regard to this
subdivision pursuant to Section 66499.37 of the State Map Act provided the
City promptly notifies the Applicant of any claim, action or proceeding and
on the further condition that the City fully cooperates in the defense.
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c. Permit aIl cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for
each 10t or unit within the Tentative Map area. 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 final map only to those cable television
companies franchised by the City of Chula Vista, the condition of such grant
being that:
l. 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
ii. 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.
d. That the City may withhold the issuance ofbuilding permits for the Project,
should the Developer be determined by the City to be in breach of any of the
terms of the Tentative Map Conditions or any Supplemental Agreement. The
City shall provide the Developer of notice of such determination and allow
the Developer reasonable time to cure said breach
e. Hold the City harmless from any liability for erosion, siltation or increase
. flow of drainage resulting ftom this project.
31. Condition No. 155- (Congestion Management & Regional Impact Fee Programs).
In satisfaction of condition No. 155 of the Resolution, the Developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or fmancial program
adopted by SANDAG to complywith the Congestion Management Program
(CMP).
b. To not protest the formation of any future regional impact fee program or
facilities benefit district to fmance the construction of regional facilities.
32. Condition No.l56-(previous Agreements). In satisfaction of condition No. 156 of
the Resolution, the Developer agrees to comply with all previous agreements as they pertain to the
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_n___ ~____._ -- -------~._-_.__._.--
·
tentative map, including the "A" map agreement recorded as San Diego County recorder document #
2002-075.6899.
33. Condition No. 157 - (Street Sweeping). In satisfaction of condition No. 157 of the
· Resolution, the Developer agrees to cause street sweeping to commence immediately after the paving
ofthe first street in the project has been completed, and the Developer agrees to continue sweeping
until an entity such as a homeowner's sub-association assume responsibility.
34-;-----eonditi()-n.N-o;-:}-S8=(R~gi()naHmpact-Fee);-In--satirlaction--of-conditionNe:---l-5·8 of
the Resolution, the Developer agrees to equitably participate in any future regional impact fee
program for regional facilities should the region enact such a fee program to assist in the construction
of such facilities. The Developer further agrees to not protest the formation of any potential future
regional benefit assessment district formed to finance regional facilities.
· 35. Condition No. 165 - (Compliance). In satisfaction of condition No. 165 of the
Resolution, the Developer agrees install all public facilities in accordance with the Village Six Public
Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards
adopted by the City. The City Engineer may modifY the sequence of improvement construction should
conditions change to warrant such a revision. The applicant further agrees to comply 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 Chapterinc1udes but is not limited to Threshold Standards (19.09.040)
Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100).
36. Condition No. 174 - (Adjoining Walls). In satisfaction of condition No. 174 of the
· Resolution, prior to Developer constructing a solid masonry, view wall or like wall which will adjoin a
wall constructed by a different developer, a transition wall pIan shall be submitted to the City and is
subject to the approval of the Director of Planning and Building. Developer agrees to work together
with other developers of Village Six to the satisfaction of the Director of Planning and Building in
order to construct transitions between adjoining walls.
37. Condition No. 179 - (Compliance). In satisfaction of condition No. 179 of the
Resolution, the Developer agrees to comply with all applicable sections ofthe Chula Vista Municipal
Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the
Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual.
Underground all utilities within the subdivision in accordance with Municipal Code requirements,
38. Condition No. 180- (Fees). In satisfaction of condition No, 180 of the Resolution, the
Developer agrees to pay the following fees in accordance with the City Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
b. Signal Participation Fees.
-
14'
4-20
c. A11 applicable sewer fees, including but not limited to sewer connection fees.
d. Interim SR-125 impact fee.
e. Poggi Canyon Sewer Basin DIF.
f. Pedestrian Bridge fee.
Pay the amount of said fees in effect at the time of issuance ofbuilding permits.
39. Condition No. 181- (Compliance). In satisfaction of condition No. 181 of the
Resolution, the Developer agrees to Comply with all relevant Federal, State, and Local regulations,
including the Clean Water Act. The developer agrees to be responsible for providing aIl required
testing and documentation to demonstrate said compliance as required by the City Engineer.
40. Condition No. 182- (Special Taxes and Assessments). In satisfaction of condition
No. 182 of the Resolution, the Developer agrees to ensure that prospective purchasers sign a ''Notice of
Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 r~garding projected
taxes and assessments. The developer agrees to submit the disclosure form for approval by the City
Engineer prior to Final Map approval.
41. Condition No. 183- (Growth Management). In satisfaction of condition No. 183 of
the Resolution, the Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. Said chapter includes but is
not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilitiés finance plan amendment procedures (19.09.100).
42. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes partial or full satisfaction of Developer's obligation of Conditions: 1,2,3,4,5, 8, 10, 11,
12, 17,19,20,24,25,53,60,62,66,69,81,93,95,105,128, 131, 132,134, 136, 142, 154,155,
156, 157, 158, 165, 174, 179, 180, 181, 182, and 183 of Resolution No. 2002-089), Developer
further understands and agrees that some ofthe provisions herein may be required to be performed or
accomplished prior to the approval of other final maps for the Project, as may be appropriate.
43. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision Map,
established by the Resolution and shall remain in compliance with and implement the terms,
conditions and provisions therein.
44. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
15
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·
45. Building Permits. Developer understands and agrees that the City may withhold the
issuance ofbuilding permits andall other permits for the entire Village Six SPA project area, should
the Developer be determined by the City to be in breach of any of the terms of this Agreement. The
· City shall provide the Developer of notice of such determination and allow the Developer reasonable
time to cure said breach. Developer further acknowledges and agrees that the City may withhold
building permits within the Final Map as defined herein if the required public facilities for SPA One,
as defmed in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned,
haveD:ör-b~ffiíC1Jmp'leted--on:onstructed [0 the satiñ:R:[ion of the City.
46. Previous Agreements. The Developer acknowledges that nothing in this Agreement
shall supersede, nullifY or otherwise negatively impact the terms of the "A" Map Agreement unless
specifically noted herein, This Agreement affirms and reflects the terms, conditions and provisions
ofthe Monitoring Agreement, the "A" Map Agreement, and of the Tentative Map 02-05 conditions
· applicable specifically to the Final Maps for the Property.
47. 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 orregistered mail, return receipt requested, first-
class postage prepaid, addressed to the address indicated in this Agreement. A party may change
· such address for the purpose of this paragraph by giving written notice of such change to the other
party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: City Engineer
Otay Ranch R-8, L.L.c.
610 W. Ash St., Suite 1500
· San Diego, CA 92101
Attn: Marc Lovato
A party may change such address for the purpose of this paragraph by giving written notice of such
change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not defme, describe or limit the scope or intent of this Agreement or any of its terms.
16-
4-22
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subj ect matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusiveiypresumedLhatbotlrparti-esl'articipated--equallyin-th-e-preparatiommdionh'afting-thi'S
Agreement.
e. Assignability. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City manager
in hislher sole discretion determines that such an assignment will not adversely affect the City's
interest. The City Manager in hislher sole discretion may, if such assignment is requested, permit a
substitution of securities by the successor in interest in place and stead of tl1e original securities
described herein so long as such substituted securities meet the criteria for security as set forth
elsewhere in this agreement.
g. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are
incorporated by reference into this Agreement.
h. Attorneys' Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a
judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred.
The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought.
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[PAGE ONE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX, UNIT 1
NEIGHBORHOOD R-8]
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
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.. - --. ---"--,,---_.__..__.._~
·
[PAGE TWO OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX,
· UNIT 1 NEIGHBORHOOD R-8]
DEVELOPERS/OWNERS:
------0tay-project-hP:;<t-&lifornia--lirnited-partnership--
By: (Ã;;;;¡d~
·
DATED: ~/),I ,2005
(ATTACH NOTARY ACKNOWLEDGMENTS)
4-26
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
State of Cal~omia }ss,
County of Sø.V\ "t>~~'tf
onJ.....~J,?\ ,'1rfYÇ befcreme, VC,. 10 \~c.
personally appeared j~.o...V':.( L_ ~\)"'Y1 t-<....
Name(s)of SigMf(s)
~onally known to me
o proved to me on the basis of satisfactory
evidence
1-- - - ~: ~'- -- - ~ to be the person(a) whose name(s) isfa<a-
subscribed to the within instrument and
@ "=~"::",";" acknowledged to me thar-helsheithey--executed
~. Notary PublIc - CaIIIorria f the same in 1iísfherftheit authorized
~ San DIego County f capacity(ies), and that by <Hi;fherflAeif
_ _ _ ~~m:...~_~13.:2~ signaturefe) on the instrument the person(s¡..or
the entity upon behalf of which the person(s).
acted, executed the instrument.
hand and 0 ' , ea,
--CJ
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual Top or thumb here
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attomey-in-Fact
o Trustee
o Guardian or Conservator
o Other:
Signer Is Representing:
01999 National Notary Assoeialion . 9a50 Ce SotoAve., P.O. Box 2402' Cha1sworth, CA 91313-2402" www.nationalnclary.org Prod. No. S907 Aeordt!':CaI!ToII-FI1I11-80D-816-6827
4-27
--....-.--
·
[PAGE THREE OF THREE SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX,
UNIT 1 NEIGHBORHOOD R-8]
·
DEVELOPERS/OWNERS:
Otay Ranch R-8, L.L.C., a Delaware Limited Liability Company
Ä.uthorized-M-ember
BY:~~
DATED: ~;;2D ,2005
·
(ATTACH NOTARY ACKNOWLEDGMENTS)
·
4-28
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
~-c:: . . .. ~ ()?
"
,
, State of California } ss. "
" OQ.J>'~t -' ,
" Cou nty of "
, ,
" "
,-
, On\~\)~'\2-U l.oJ ~before me, \ ,
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" Though the information below is not required by law, it may prove valuable to persons relying on the document ,
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, Description of Attached 'pocument \ '
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4-29
M~_'_-.-____ . _______~~_,__ - _.___m____", u.._____._.___
·
List of Exhibits
Exhibit A Legal Description of Property
Exhibit B DRC 02-05 Notice of Decision
·
·
·
·
4-30
·
EXHIBIT A
LEGAL DESCRIPTIONS
NEIGHBORHOOD R-8
Lots 4, and 5 according to map thereof No. 14446, Chula Vista Tract No. 02-05 Otay Ranch, Village
Six Unit 1 "A" Map No.1, in the City of Chula Vista, County of San Diego, State of California, filed
in1:he-office-ofthe--eoWltyRecorder--of'SarrÐiego--eountyun--S-eptem1rer1-ß-;-2fJ02.
J:\Engineer\lANDDEV\Projects\Otay Ranch Village 6\OR 928F R8\SSIA for R-8.doc
4-31
---~--_.__.__._------_.__._---_._--_._- ---~
Item 5'
Meeting Date: 2/8/05
COUNCIL AGENDA STATEMENT
ITEM TITLE: A) Resolution of the City Council of the City of Chula Vista
California, Acting in Its Capacity as the Legislative Body of Community
Facilities District No. 2001-1 (San Miguel Ranch) Declaring the Results ofa
Special Election to Authorize Modifications to the Facilities to be Financed
by such Community Facilities District, the Rate and Method of
Apportionment of Special Taxes to be Levied within Improvement Area B
thereof and Bonded Indebtedness for such Improvement Area B
B) Resolution of the City Council of the City of Chula Vista
California, Declaring the Results of a Special Election in Territory Area to
be annexed to Community Facilities District No, 2001-1 (San Miguel
Ranch) and Improvement Area B thereto
C) Ordinance of the City Council of the City of Chula Vista,
California, amending Ordinance No. 2850 and authorizing the Levy of a
Special Tax in Improvement Area B of Community Facilities District No.
2001-1 (San Miguel Ranch) pursuant to a revised Rate and Method of
Apportionment of Special Tax
SUBMITTED BY: Director of General Services/City Engineer SA;-
REVIEWED BY; City ManageP}( ~¡J (4/Sths Vote: Yes_No X)
On December 14, 2004 City Council approved the Resolution of the Intention to consider the change
and modifY the types of public facilities to be [mance. The Council also considered amending the Rate
and Method of Apportionment and the special taxes thereof, annexation of certain commercial
territory into CFD No. 2001-1 and increasing the Appropriation Limits for the Community Facilities
District 2001-1. These actions set the Public Hearing for January 18, 2005. The City Council at its
January 11,2005 meeting requested that the City Council meeting of] anuary 18,2005 to cancelled.
Subsequently, all matters to be heard by the City Council were postponed to January 25,2005.
The special election was held at the City Clerk's office on February 1, 2005 for the purpose of voting
on the modification to the facilities list, the annexation, the amended Rate and Method of
Apportionment, revisions for the special taxes and authorization to increase Appropriation Limit the
Bonded Indebtedness for Improvement Area B.
Tonight's action the City Clerk will certifY that there was 100% of the eligible voters were in favor
of the proposed changes and modifications to the types of public facilities authorized to be financed
by this Community Facilities District for Improvement Area B. The amended Acquisition/Financing
Agreement will be brought back to the City Council at a later date in conjunction with the Bond
documents.
,
5-1
. ..._._.______u.___._. ...____._..__._.__~.__.~____________. __.___,___~__
. Page 2, Item 5'"
Meeting Date: 2/8/05
RECOMMENDATION: That Council:
· Approve the (A) Resolution declaring the results of a special election to authorize the
modifications to the facilities, the amended Rate and Method of Apportionment and the
special taxes to be levied and Bonded Indebtedness in such Community Facilities District;
· Approve the (B) Resolution declaring the results of the special election in Territory Area to
. be annexed into Improvement Area B and CFD No. 2001-1;
· Introduce the First Reading of the Ordinance, authorizing the levy of a special tax in such
Community Facilities District.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Backe:round
On January 25,2005, a public hearing was held to make certain determinations and authorizing the
submittal of the proposed modifications to the facilities authorized to be financed, annexation of
certain territory, revisions to the Rate and Method of Apportionment (RMA), and adjusting the
Appropriation Limits for Community Facilities District No. 2001-1. On February 1,2005, the City
Clerk, acting as the Election Offici aI, conducted a special election to present to the qualified electors
a set of propositions to modifY facilities, special taxes and annex certain territory into CFD No.
2001-1.
The Improvements
The City of Chula Vista and Proctor Valley West Partners, LLC have mutually agreed that by
financing the Development Impact Fee (DIF) component this will allow the City of Chula Vista to
obtain need funds for the type of authorized public facilities stated within the DIP Ordinance (such as
civic center, fire stations, etc,), If approved, the DIP components will also be added to the list of
authorized public facilities as an amendment to the Acquisition/Finance Agreement.
The developer is proposing the financing of backbone streets and associated improvements (i.e.,
grading, sewer, streets, landscaping, & utilities), eligible Transportation Development Impact Fee
(TDIP) and Non- TDIF improvements. The amended list of facilities has a total cost estimate of$13
million. It is estimated that approximately $12 million of bonds may be supported by this District,
raising an estimated $9,5 million for project proceeds. A fmal priority list and cost estimate of the
improvements eligible for District financing will be brought to the City Council at a later date along
with the Amended Acquisition/Financing Agreement.
Ultimately, as subdivision exactions, the developer will finance improvernents that this District
cannot finance. The proposed District lies within portions of various Development Impact Fee (DIP)
benefit areas such as Transportation, and the Park Development, etc. which places a cap on the
District's ability to finance these improvements. Staff will work with the developer to achieve a
balance between DIF and non-DIP improvements within the District.
5-2
Page 3, Item 5
Meeting Date: 2/8/05
Resolutions
There are two Resolutions and one Ordinance on today's agenda that, if adopted, will accomplish the
following:
(A) The RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION FOR
MODIFICATIONS in Community Facilities District No. 2001-1 (San Miguel Ranch) will
perform the following:
. CertifY the election results
(B) The RESOLUTION DECLARING THE RESULTS OF THE SPECIAL ELECTION in
Territory Area to be annexed to Community Facilities District No, 2001-1 (San Miguel
Ranch) will perform the following:
. Certify the election results
(C) The ORDINANCE is the first reading of an Ordinance by the City Council acting as the
legislative body ofCFD No, 2001-1 authorizing the levy of a special tax in such CFD No,
2001-1.
Future Actions
On February 15, 2005 the City Clerk shall place the second reading on the City Council's agenda
and upon approval the City Clerk will then cause the publication of a summary of the Ordinance
in an adjudicated newspaper of general circulation. In April/May 2005, the City Council will
cònsider the formal actions approving the necessary bond documents and the amended AlP A
pertaining to CFD No. 2001-1. These documents will be the Preliminary Official Statement,
Bond Indenture, Market Absorption Analysis, Appraisal, and other pertinent documents related
to the bond sale.
Fiscal Impact:
There will be no direct fiscal impact to the City. The developer will pay all formation costs and has
deposited money to fund initial consultant costs, and City costs in accordance with the approved
Reimbursement Agreement. The developer will pay the full cost of staff time for district formation
and administration activities. Staff anticipates that CFD No. 2001-1 administration will be
contracted out The CFD administration cost is estimated at $75,000 annually.
In accordance with the CFD Policy, as consideration for the City's agreement to use the City's
bonding capacity to provide the financing mechanism for the construction of the proposed
improvements, the developer will pay one percent (1 %) of the total bond authorization. Said
requirement will be memorialized in the Acquisition/Financing Agreement that will be brought to
Council at a later date. Based on a series ofbond sales, in a total aggregate amount of$12 million,
said monetary compensation would be $120,000. Said amount shall be paid prior to each individual
bond sale and will be deposited into the General Fund. The CFD Policy also stipulates that said
compensation is not eligible for financing by CFD.No. 2001-1.
J :IEngineerlAGENDA ICAS2005\2-8-05ICAS _ CFD200 1-1, 2-8-05.doc
5-3
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·
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be
filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
·
~ f"' \JIN'.;..v-L:: qJOI(U,tC" - \{'I(\c, "" {.e¿\ *-= , LLc...
~ l o~o . Yr-od-o(' \SD.. \ ~ ~ \ L L c...
SP:> 0 ì op _ År-.=..a. k LLc
2. If any person" identified pursuant to (1) above is a coIporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity,
· -S~\~n A I+-e~__ Qc-'>~+-- "6~ì~
SD\...-.'-'- l.~~,. -=I-e..(t. ~ Ç-.k.M~~
C-\.I'-u..~ ~~~J~r,
3. If any person" identified pursuant to (1) above is a non-profit organization or trust, list the names of any
person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the
trust.
4, Please identify every person, including any agents, employees, consultants, or independent contractors
you have assigned to represent you before the City in this matter.
/"" ~ t": f l.-e.v- 'E. \1 'E's-k-r
5. Has any person" associated with this contract had any financial dealings with an Offi~the City of
Chula Vista as it relates to this contract within the past 12 months? Yes_ No_
5-4
If Yes, briefly describe the nature of the financial interest the official"" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No tCÝes _ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official"" of the City ofChula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes _ No ~
If Yes, which official"" and what was the nature of item provided.
Date:l- £{ - d7 ~~~
Signature 0 Contractor/Applicant
Stephen E. Hester
Executive Vice President
Print or type name of Contractor! Applicant
" Person is defined as: any individual, firm, co-partnership, joint venture, association, sociaI club, fiatemal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district,
or other political subdivision, -or any other group or combination acting as a unit.
"" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a
board, commission, or committee of the City, employee, or staff members.
5-5
_ ____..__..~___~_.._.____.____"__.m_·_______~__
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATNE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL
RANCH) DECLARING THE RESULTS OF A SPECIAL ELECTION TO
AUTHORlZE MODIFICATIONS TO THE FACILITIES TO BE FINANCED
BY SUCH COMMUNITY FACILITIES DISTRICT, THE RATE AND
METHOD OF APPORTIONMENT OF SPECIAL TAXES TO BE LEVIED
WITHIN IMPROVEMENT AREA B THEREOF AND THE BONDED
INDEBTEDNESS FOR SUCH IMPROVEMENT AREA B
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has previously undertaken proceedings to create and did establish a Cornmunity
Facilities District and designate two improvement areas therein pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part I,
Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of
Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by
the City ofChula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the
"Community Facilities District Law"). This Community Facilities District is referred to as
COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SANMIGUEL RANCH) (the "District")
and the Improvement Areas are designated as IMPROVEMENT AREA A and
IMPROVEMENT AREA B; and,
WHEREAS, the qualified electors of each Improvement Area of the District, voting in a
special election held on December 11, 2001, approved the authorization to (a) levy special taxes
within each Improvement Area pursuant to a separate rate and method of apportionment of such
special taxes for each Improvement Area (the rate and method of apportionment of special taxes
approved for Improvement Area B shall be referred to as the "Existing Improvement Area B
RMA") and (b) to incur a bonded indebtedness of the District for Irrlprovement Area B in a
principal amount not to exceed $6,000,000 (the "Existing Improvement Area B Bond
Authorization"); and
WHEREAS, subsequent to the formation of the District and such election, NNP-Trimark
San Miguel Ranch, LLC and Procter Valley West Properties, LLC, the current master developers
of the property within the District, have requested that the City Council, acting as the legislative
body of the District, initiate proceedings to consider modifications to (a) the facilities authorized
to be financed (the "Authorized Facilities") from the proceeds of special taxes levied within
Improvement Area B of the District and/or bonds issued by the District for Improvement Area B
which are secured by the levy of such special taxes, (b) the Existing Improvement Area B RMA
and (c) the Existing Improvement Area B Bond Authorization; and
1
5-6
- --_._...._--~--------_._.- '--"---"- --_._~_..__._----~--_._._._---_..._- ..---
WHEREAS, this City Council did initiate such proceedings and did call for and order to
be held an election to submit to the qualified electors of Improvement Area B proposition
relating to the proposed modification of the Authorized Facilities, the Existing Improvement
Area B RMA and the Existing Improvement Area B Bond Authorization; and,
WHEREAS, at this time said election has been held and the measures voted upon and
each such measure did receive the favorable 2/3's vote of the qualified electors voting thereon,
and this City Council desires to declare the results of the election in accordance with the
provisions of the Elections Code of the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
· CALIFORNIA, ACTING AS THE LEGIS LA TIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DOES HEREBY RESOLVE, DECLARE,
FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF
ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk,
acting in her capacity as the Election official, said Statement identifYing the measures voted
upon and the number of votes given for and/or against the measures voted upon, A copy of said
· Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so
incorporated.
SECTION 3, The City Clerk is hereby directed, pursuant to the provisions of the
Elections Code of the State of California, to enter in the minutes the results of the election as set
forth in said STATEMENT OF VOTES CAST,
PREPARED BY: APPROVED AS TO FORM BY:
· f Ihd-
Jack Griffm
Director of General Services
,
2
5-7
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Gove=ent Code and Division 12, co=encing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2001-1
(SAN MIGUEL RANCH)
IMPROVEMENT AREA B
SPECIAL ELECTION
in said City, held February 1, 2005.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast on each
proposition in Improvement Area B of such District in said City, and the totals of the respective columns
and the totals as shown for each proposition are full, true and correct.
VOTES CAST ON PROPOSITION A: YES :;;?"7(.
NO _0-
VOTES CAST ON PROPOSITION B: YES -:2 ï (ø
NO -ð -
VOTES CAST ON PROPOSITION C: YES t:2 '7 ~
NO _ f) -
~~ ~
WITNESS my hand and Official Seal this I --- day of ,~ I . ~ ,2005.
,
~ "iJ ð d....J.... ~ 't.J...c--..
CITY CLERK.
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
~
~
5-8 3
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL
ELECTION IN TERRITORY AREA TO BE ANNEXED TO COMMUNITY
FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) AND
IMPROVEMENT AREA B THERETO
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA
(the "City Council"), has previously undertaken proceedings to annex certain property (the
"Annexation Area") to an existing Community Facilities District and an improvement area
thereto pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of
1982," being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of
California (the "Act") and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7
of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the·
Ordinance may be referred to collectively as the "Community Facilities District Law"), This
Community Facilities District is referred to as COMMUNITY FACILITIES DISTRICT NO.
2001-1 (SAN MIGUEL RANCH) (the "District") and the improvement area has been
designated as IMPROVEMENT AREA B; and,
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of the Annexation Area a proposition relating to the levy of special taxes
within the Annexation Area; and,
WHEREAS, at this time said election has been held and the measure voted upon and
such measure did receive the favorable 2/3' s vote of the qualified electors voting thereon, and
this City Council desires to declare the results of the election in accordance with the provisions
of the Elections Code of the State of California and to order that the Annexation Area be
added to the District and Improvement Area B thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DOES HEREBY RESOLVE, DECLARE,
FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1, The above recitals are all true and correct,
SECTION 2, This City Council hereby receives and approves the CERTIFICATE OF
ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City
Clerk, acting in her capacity as the Election official, said Statement setting forth the number of
votes cast in the election, the measure voted upon, and the number of votes given for and/or
against the measure voted upon. A copy of said Certificate and Staternent is attached hereto,
marked Exhibit" A", referenced and so incorporated.
1
5-9
.__.,'n ~_......._. - ~.__.,_...__..-
SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the
Elections Code of the State of California, to enter in the minutes the results of the election as
set forth in said STATEMENT OF VOTES CAST.
SECTION 4, This City Council does hereby determine, declare and order that the
· Annexation Area be added to and become a part of the District and Improvement Area B
thereto. The City Council hereby further determines that the City Council is now authorized to .
levy the special taxes within the Annexation Area as approved and authorized by the qualified
electors of the Annexation Area,
PREPARED BY: APPROVED AS TO FORM BY:
Jack Griffin
Director of General Services
·
·
·
2
·
5-10
EXHIBIT" A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of
Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the
Elections Code of the State of California, I did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2001-1
(SAN MIGUEL RANCH)
IMPROVEMENT AREA B
ANNEXATION MAP NO.1
SPECIAL ELECTION
in said City, held February 1,2005.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in
said District in said City, and the whole number of votes cast 'for Proposition A in the area proposed
to be annexed to said District in said City, and the totals as shown for the Measure are full, true and
correct.
VOTES CAST ON PROPOSITION A: YES :<7'-
NO - tÞ-
~".. F', hrol-L4r '1
WITNESS my hand and Official Seal this I - day of ,2005.
-A~~~~
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
5-11
3
-_...._._._--_...._.."--_..__._--"..~----- ....----.- ---.
ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, AMENDING ORDINANCE NO, 2850 AND AUTHORlZING THE
LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA B OF COMMUNITY
FACILITIES DISTRICT NO, 2001-1 (SAN MIGUEL RANCH) PURSUANT TO A
REVISED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City
Council"), has initiated proceedings, held a public hearing, conducted an election and received a
favorable vote from the qualified electors authorizing the levy of separate special taxes in separate
improvement areas of a co=unity facilities district, all as authorized pursuant to the terms and
provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part L Division
2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista
Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula
Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the
"Ordinance") (the Act and the Ordinance may be referred to collectively as the "Co=unity Facilities
District Law"). This Community Facilities District is designated as COMMUNITY FACILITIES
DISTRlCT NO, 2001-1 (SAN MIGUEL RANCH) (the "District") and the improvement areas therein
are designated as IMPROVEMENT AREA A and IMPROVEMENT AREA B (individually, an
"Improvement Area" and collectively, the "Improvement Areas"); and
WHEREAS, the City Council, acting as the legislative body of the District, previously enacted
Ordinance No. 2850 to authorize the levy of special taxes within Improvement Area A and Improvement
Area B pursuant to a separate rate and method of apportionment applicable to each respective
Improvement Area; and
WHEREAS, the City Counci~ has initiated proceedings, held a public hearing, conducted an
election and received a favorable vote from the qualified electors of Improvement Area B authorizing
the levy of special taxes therein pursuant to a revised rate and method of apportionment thereof
The City Council of the City of Chula Vista, California, acting as the legislative body of Community
Facilities District No. 2001-1 (San Miguel Ranch), does hereby ordain as follows:
SECTION L This City Council does, by the passage of this ordinance, authorize the levy of
special taxes on taxable properties located in Improvement Area B pursuant to the Revised Rate and
Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated
herein by this reference (the "Revised Rate and Method").
SECTION 2, This City Council, acting as the legislative body of the District, is hereby further
authorized, by Resolution, to annually determine the special tax to be levied within Improvement Area B
for the then current tax year or future tax years; provided, however, the special tax to be levied in
Improvement Area B shall not exceed the maximum special tax authorized to be levied pursuant to the
Revised Rate and Method.
.
5-1~
----- -------.....----------. ----...-- - - --------------..-------...-------- -- -_..._~-- ------- --.--_._-----------~_.- ------ --- --_.._---
SECTION 3. The special taxes herein authorized to be levied within Improvement Area B, to
the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be
subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable
for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any
· special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the
special taxes at a different time or in a different manner if necessary to meet its financial obligations.
SECTION 4. The special taxes authorized to be levied in Improvement Area B shall be secured
by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the
State of California, which lien shall be a continuing lien and shall secure each levy of the special tax.
The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid,
permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the
State of California or until the special tax ceases to be levied by the City Council in the manner provided
in Section 53330.5 of said Government Code.
·
SECTION 5. This Ordinance shal~ upon becoming effective, amend and supercede any and all
provisions of Ordinance No. 2850 pertaining to the authorization to levy special taxes within
Improvement Area B of the District All provisions of Ordinance No. 2850 pertaining to the
authorization to levy special taxes within Improvement Area A of the District shall remain in full force
and effect.
SECTION 6. This Ordinance shall be effective thirty (30) days after its adoption. Within
fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a
newspaper of general circulation in the City pursuant to the provisions of Government Code Section
· 36933,
Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on February
8, 2005;
·
·
5-1;?
Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on the
day of . 2005, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST APPROVED AS TO FORM:
Jack Griffm
Director of General Services
5-'94
------~ --_.._--~---_.~--_._._-~------_.- -
___.·'._..__',__.'·_'_m.
EXHIBIT A
REVISED .
RATE AND METHOD OF APPORTIONMENT FOR
IMPROVEMENT AREA B OF
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2001-1
(SAN MIGUEL RANCH)
[attach revised rate and method)
,
,
5Ã1_~
.."__..,._.,.,,__.._,..._,.._._,___~_ "··_·_..·._.._____'__·'.····o._·_·_···_ _~______________
AMENDED RATE AND METHOD OF APPORTIONMENT FOR
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 2001-1,
IMPROVEMENT AREA B
(San Miguel Ranch)
A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property
within the City of Chula Vista Community Facilities District No. 2001-1 ("CFD No. 2001-1
Improvement Area B") and collected each Fiscal Year co=encing in Fiscal Year 2005-06, in
an amount determined by the City Council through the application of the appropriate Special Tax
for "Developed Property," and "Undeveloped Property as described below. A11 of the real
property in Improvement Area B, unless exempted by law or by the provisions hereof, shall be
taxed for the purposes, to the extent and in the manner herein provided,
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
" 'A' Map" shall mean a master final subdivision or parcel map, filed in accordance with
the Subdivision Map Act and the Chula Vista Municipal Code, which subdivides the land
or a portion thereof shown on a tentative map into "super block" lots corresponding to units
or phasing of a combination of units as shown on such tentative map and which may
further show open space lot dedications, backbone street dedications and utility easements
required to serve such "super block" lots,
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, condominium pIan, record of survey, or
other recorded document creating or describing the parceL If the preceding maps are not
available, the Acreage shall be determined by the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2,5, Division 2 of Title 5 of the Gove=ent Code of the State of California.
"Administrative Expenses" means the following actual or reasonably estimated costs
directly related to the administration ofImprovement Area B of CFD No. 2001-1 including,
but not limited to, the following: the costs of computing the Special Taxes and preparing
the annual Special Tax collection schedules (whether by the City or designee thereof or
both); the costs of collecting the Special Taxes (whether by the County, the City, or
otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee
(including its legal counsel) in the discharge of the duties required of it under the Indenture;
the costs to the City, CFD No. 2001-1, or any designee thereof of complying with arbitrage
rebate requirements; the costs to the City, CFD No, 2001-1, or any designee thereof of
complying with disclosure requirements associated with applicable federal and state
securities laws and of the Act; the costs associated with preparing Special Tax disclosure
City ofChula VIsta Revised November 2004
Community Facilities District No. 2001-1, Improve~nt:¡1B'a B Paf!e 1
San Mirzuel Ranch
___..--..___ _"____._m_...____~.___.._._ __._...__ '--'-'--'__'_'-0
statements and responding to public inquiries regarding the Special Taxes; the costs of the
City, CFD No. 2001-1, or any designee thereof related to an appeal of the Special Tax; and
the costs associated with the release of funds from an escrow account, if any.
· Administrative Expenses shall also include amounts estimated or advanced by the City or
CFD No. 2001-1, Improvement Area B for any other administrative purposes of CFD No,
2001-1, including attorney's fees and other costs related to co=encing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Assessor's Parcel" means a 10t or parcel shown on an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
·
"Assigned Special Tax" means the Special Tax for each Land Use Category of Developed
Property as determined in accordance with Section C.l. a.
"Available Funds" means the balance in the reserve fund established pursuant to the terms
of the Indenture in excess of the reserve requirement as defined in such Indenture,
delinquent Special Tax payments, the Special Tax prepayments collected to pay interest on .
Bonds, and other sources of funds available as a credit to the Special Tax Requirement as
specified in such Indenture.
· "Backup Special Tax" means the Special Tax amount set forth in Section C.I.b.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, issued by CFD No. 2001-1 for Improvement Area B under the Act,
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD No. 2001-1" means City of Chula Vista, Co=unity Facilities District No. 2001-1
· (San Miguel Ranch).
"City" means the City of Chula Vista.
"Commercial Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more non-residential
structures, excluding Community Purpose Facility Property.
"Community Purpose Facility Property" means all Assessor's Parcels which are (a)
classified as community purpose facilities and meet the requirements of City of Chula Vista
· Ordinance No. 2002-2883 as amended on November 5, 2002 or (b) designated with
specific boundaries and acreage on an 'A' Map or Final Subdivision Map as a community
purpose facility.
City ofChula VIsta Revised November 2004
Community Facilities District No. 2001-1, ImprovementArea B
San Miguel Ranch 5 -1 7 PaRe 2
"Council" means the City Council of the City, acting as the legislative body of CFD No,
2001-1-
"County" means the County of San Diego.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a
building permit for new construction was issued prior to March 1 of the prior Fiscal Year.
"Exempt Property" means aIl Assessor's Parcels that are exempt from the levy of the
Special Tax pursuant to the provisions of Section E,
"Final Map" means a subdivision of property created by recordation of a fmal map, parcel
map, or lot line adjustment, approved by the City pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.) or recordation of a condominium plan
pursuant to California Civil Code 1352 that creates individual lots for which residential
building permits may be issued without further subdivision of such property,
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area B" means Improvement Area B of CFD No, 2001-1,
"Indentllre" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
"Land Use Class" means any of the classes listed in Table 1 of Section C,
"Lot(s)" means an individual legal lot created by a Final Map for which a building permit
for residential construction has been or could be issued.
"Master Developer" means the owner of the predominant amount of Undeveloped
Property in Improvement Area B.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C , that may be levied in any Fiscal Year on any
Assessor's Parcel of Taxable Property,
"Outstanding Bonds" means all Bonds which remain outstanding.
"Property Owner Association Property" means any property within the boundaries of
CFD No, 2001-1 which is (a) owned by a property owner association or (b) is designated
with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property
owner association property. As used in this definition, a property owner association
property includes any master or sub-association.
City ofChula Vista Revised Navemher 2004
Community Facilities District No. 2001-1, ImprovementArea B
San Mi?;Uel Ranch 5 -1 8 Page 3
. ~-_.__._."'-_._. " ._-,.,.~- -------...-.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax
levy to the Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels
· of Developed Property within Improvement Area B. For Undeveloped Property
"Proportionately" means that the ratio of the actual Special Tax levy per Acre to the
Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped
Property within Improvement Area B.
"Public Property" means any property within the boundaries of CFD No, 2001-1 that
which (a) is owned by a public agency, (b) has been irrevocably offered for dedication,
prior to June 1 st of the preceding Fiscal Year, to a public agency or (c) is designated with
specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property
which will be owned by a public agency. For purposes of this definition, a public agency
· includes the federal government, the State of California, the County, the City or any other
public agency.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential
dwelling units.
"Residential Floor Area" means all of the square footage of living area within the
perimeter of a residential structure, not including any carport, walkway, garage, overhang,
patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be
· made by reference to appropriate records kept by the City's Building Department.
Residential Floor Area will be based on the building permit(s) issued for each dwelling unit
prior to it being classified as Residential Property, and shall not change as a result of
additions or modifications made after such classification as Residential Property.
"Special Tax" means the annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No,
2001-1, Improvement Area B to: (i) pay annual debt service on all Outstanding Bonds; (ii)
· pay periodic costs on the Bonds, including but not limited to, credit enhancement and
rebate payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts
required to establish or replenish any reserve funds for aIl Outstanding Bonds in
accordance with the Indenture; (v) and pay directly for acquisition and/or construction of
public improvements which are authorized to be financed by CFD No, 2001-1 for
Improvement Area B; (vi) less a credit for Available Funds.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of
Improvement Area B which are not exempt from the Special Tax pursuant to law or
· Section E below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
City ofChula Vista Revised November 2004
Community Facilities District No. 2001-1, ImprovementArea B
San Miguel Ranch 5 -1 9 Page 4
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified
as Developed Property.
"Zone I" means a specific geographic area as depicted in Exhibit A attached hereto.
"Zone 2" means a specific geographic area as depicted in Exhibit A attached hereto.
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within Improvement Area B shall be classified as
Developed Property or Undeveloped Property and shall be subject to the levy of annual
Special Taxes determined pursuant to Sections C and D below. Furthermore, Developed
Property shall be classified as Residential Property or Co=ercial Property.
C. MAXIMUM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Assessor's Parcel of Residential
Property or Co=ercial Property that is classified as Developed Property shall be
the greater of (1) the Assigned Special Tax described in Table 1 below or (2) the
amount derived by application of the Backup Special Tax.
a. Assie:ned SnecÍal Tax
The Assigned Special Tax for each Assessor's Parcel of Developed Property is
shown in Table 1.
TABLE 1
Assigned Special Tax for Developed Property within Zone I and Zone 2
Land Use
Class Descrintion Assie:ned Special Tax
1 Residential Property $475,00 per unit pIus $0.82 per
square foot of Residential Floor
Area
2 Co=ercial Property $4,000 per Acre ofCo=ercial
Property
City ofChula Vista Revised November 2004
Community Facilities District No. 2001-1, Improvement Area B
San Miguel Ranch 5-20 Page 5
. .u._ .__.___~_..___ ------,- -"'--'-"'-----
b. Backup Special Tax
· When a Final Map is recorded within Zone 1 or Zone 2, the Backup Special Tax for
Assessor's Parcels of Developed Property classified as Residential Property or
Commercial Property shall be determined as follows:
For each Assessor's Parcel of Developed Property classified as Residential Property
or for each Assessor's Parcel of Undeveloped Property to be classified as Residential
Property within the Final Map area, the Backup Special Tax shall be the rate per Lot
calculated according to the following formula:
· Zone I
$10,444xA
B= ------------------------
L
Zone 2
$4,444xA
B= ------------------------
· L
The terms above have the following meanings:
B= Backup Special Tax: per Lot in each Fiscal Year.
A= Acreage classified or to be classified as Residential Property in
such Final Map.
L= Lots in the Final Map which are classified or to be classified as
Residential Property.
· For each Assessor's Parcel of Developed Property classified as Commercial Property
or for each Assessor's Parcel of Undeveloped Property to be classified as
Commercial Property within the Final Map area, the Backup Special Tax shall be
determined by multiplying $10,444 for Zone 1 and $4,444 for Zone 2 by the total
Acreage of the Commercial Property and Undeveloped Property to be classified as
Commercial Property within the Final Map area.
Notwithstanding the foregoing, if Assessor's Parcels of Residential Property,
Commercial Property or Undeveloped Property for which the total Backup Special
Tax has been determined are subsequently changed or modified by recordation of a
· new or amended Final Map, then the total Backup Special Tax applicable to such
Assessor's Parcels shall be recalculated to equal the amount of total Backup Special
Tax that would have been generated if such change did not take place.
City ofChula Vista Revised November 2004
Community Facilities District No. 2001-1, Improvement Area B
San Miguel Ranch 5 - 21 Page 6
2. Undeveloped Property
The Maximum Annual Special Tax for each Assessor's Parcel classified as
Undeveloped Property shall be $10,444 per Acre for Zone 1 and $4,444 per Acre for
Zone 2.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06 and for each following Fiscal Year, the Council
shall determine the Special Tax Requirement and shall levy the Special Tax until the
amount of Special Taxes equals the Special Tax Requirement The Special Tax shall be
levied each Fiscal Year as follows:
First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property at a
rate up to 100% of the applicable Assigned Special Tax to satisfY the Special Tax
Requirement.
Second: If additional monies are needed to satisfY the Special Tax Requirement after the
fIrst step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classified as
Undeveloped Property pursuant to Section E, at up to 100% of the Maximum Annual
Special Tax for Undeveloped Property.
Third: If additional monies are needed to satisfY the Special Tax Requirement after the
fIrst two steps have been completed, the Special Tax to be levied on each Assessor's Parcel
whose Maximum Annual Special Tax is derived by the application of the Backup Special
Tax and shall be increased Proportionately from the Assigned Special Tax up to the
Maximum Annual Special Tax for each such Assessor's Parcel.
Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the
first three steps have been completed, then the Special Tax shall be levied Proportionately
on each Assessor's Parcel classifIed as Undeveloped Property pursuant to Section E at up
to 100% of the Maximum Annual Special Tax for Undeveloped Property.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property be increased by more than ten percent per year as
a consequence of delinquency or default in the payment of Special Taxes by the owner of
any other Assessor's Parcel in Improvement Area B.
City ofChula VIsta Revised Navemher 2004
Community Facilities District No. 2001-1, Improvement Area B
San Miguel Ranch 5-22 Page 7
. .. ~--"-'..._...."._.__._.._-_. ... ..._._____. _n...._'__ ___.____._____
E. EXEMPTIONS
· 1. The CFD Administrator shall classifY as Exempt Property (i) Assessor's Parcels defined
as Public Property, (ü) Assessor's Parcels defined as Property Owner Association Property,
(iii) Assessor's Parcels defmed as Co=unity Purpose Facility Property or (iv) Assessor's
Parcels with public or utility easements making impractical their utilization for other than
the purposes set forth in the easement, provided that no such classification would reduce
the sum of all Taxable Property to less than 100,94 Acres in Zone 1 and 9.63 Acres in Zone
2, Assessor's Parcels which cannot be classified as Exempt Property because such
classification would reduce the Acreage of all Taxable Property to less than 100.94 Acres
in Zone 1 and 9,63 Acres in Zone 2 will be classified as Undeveloped Property and shall be
taxed as such. Tax-exempt status for purposes of this paragraph will be assigned by the
· CFD Administrator in the chronological order in which property becomes Exempt
Property.
2. The Maximum Annual Special Tax obligation for any Public Property which cannot be
classified as Exempt Property as described in the first paragraph of Section E shall be
prepaid in full by the seller pursuant to Section H.l, prior to the transfer/dedication of such
property. Until the Maximum Annual Special Tax obligation for any such Public Property
is prepaid, the property shall continue to be subject to the levy of the Special Tax as
Undeveloped Property,
· 3. If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's
Parcel is no 10nger classified as one of the uses set forth in paragraph 1 that would make
such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel
shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property.
F. REVIEW/APPEAL COMMITTEE
The Council shall establish as part of the proceedings and administration ofCFD No. 2001-
1, Improvement Area B a special three-member Review/Appeal Committee. Any
· landowner or resident who feels that the amount of the Special Tax levied on their
Assessor's Parcel is in error may file a written notice with the Review/Appeal Committee
appealing the amount of the Special Tax levied on such Assessor's Parcel. The
Review/Appeal Committee may establish such procedures as it deems necessary to
undertake the review of any such appeal, The Review/Appeal Committee shall interpret
this Rate and Method of Apportionment and make determinations relative to the annual
administration of the Special Tax and any landowner or resident appeals, as herein
specified. The decision of the Review/Appeal Committee shall be final and binding as to
all persons,
·
City ofChula VIsta R<Nised November 2004
Community Facilities District No, 200]-], Improvement Area B
San Miguel Ranch 5-23 Page 8
G. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 2001-1,
Improvement Area B may directly bill the Special Tax, may collect Special Taxes at a
different time or in a different manner if necessary to meet its fInancial obligations, and
may covenant to foreclose and may actually foreclose on Assessor's Parcels which are
delinquent in the payment of Special Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act, However, the use of Bond
tenders shall only be allowed on a case-by-case basis as specifically approved by the
Council.
H. PREPAYMENT OF SPECIAL TAX
The following definition applies to this Section H:
"CFD Public Facilities" means those public facilities authorized to be financed by
Improvement Area B.
"CFD Public Facilities Costs" means either $9.75 million, or such lower number as shall
be determined either by (a) the CFD Administrator as sufficient to finance the CFD Public
Facilities, or (b) the Council concurrently with a covenant that it will not issue any more
Bonds to be secured by Special Taxes levied under this Rate and Method of
Apportionment
"Construction Fund" means an account specifically identified in the Indenture to hold
funds which are currently available for expenditure to acquire or construct the CFD Public
Facilities.
"Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of
the CFD Public Facilities Costs previously funded (i) from the proceeds of all previously
issued Bonds, (ü) from interest earnings on the Construction Fund actually earned prior to
the date of prepayment and (üi) directly from Special Tax revenues and (b) the amount of
the proceeds of all previously issued Bonds then on deposit in the Construction Fund,
"Outstanding Bonds" means all previously issued Bonds which wil1 remain outstanding
after the first interest and/or principal payment date following the current Fiscal Year,
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of
Maximum Annual Special Taxes.
,
City ofChula Vista Revised November 2004
Community Facilities District No, 200f-f, Improvement Area B
San Miguel Ranch 5-24 Page 9
- - .-.--....--...-- _ _'_..m'."._...___m..._._._··" -~-_._--~ ----....--.- -_._----- ..-....".-.
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently
satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which a
building permit has been issued, or Public Property. The Maximum Annual Special Tax
obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of
the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein;
provided that a prepayment may be made only if there are no delinquent Special Taxes with
respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's
Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the
CFD Administrator With written notice of intent to prepay. Within 30 days of receipt of
such written notice, the CFD Administrator shall notify such owner of the prepayment
amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for
providing this figure.
The Prepayment Amount (defmed below) shall be calculated as su=arized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
· plus Prepayment Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.:
L For Assessor's' Parcels of Developed Property, compute the Maximum Annual
· Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of
Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for
that Assessor's Parcel as though it was already designated as Developed Property,
based upon the building permit which has already been issued for that Assessor's
Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the
Maximum Annual Special Tax for that Assessor's Parcel using the Maximum
Annual Special Tax for Undeveloped Property.
2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the
sum of the total expected Maximum Annual Special Tax revenues which may be
· levied within Improvement Area B excluding any Assessors Parcels for which the
Maximum Annual Special Tax obligation has been previously prepaid,
0
City ofChula VIsta Revised Navember 2004
Community Facilities District No. 2001-1, ImprovementArea B
San Miguel Ranch 5-25 Page 10
3, Multiply the quotient computed pursuant to paragraph 2 by the principal amount of
Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and
prepaid (the "Bond Redemption Amount").
4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the
applicable redemption premium, if any, on the Outstanding Bonds to be redeemed
(the "Redemption Premium"),
5. If all the Bonds authorized to be issued for Improvement Area B have not been
issued, compute the Future Facilities Costs.
6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined
pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be
allocated to such Assessor's Parcel (the "Future Facilities Amount").
7. Compute the amount needed to pay interest on the Bond Redemption Amount from
the fIrst bond interest and/or principal payment date following the current Fiscal
Year until the earliest redemption date for the Outstanding Bonds.
8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year which have not yet been paid.
10. Determine the fees and expenses of Improvement Area B, including but not limited
to, the costs of computation of the prepayment, the costs to invest the prepayment
proceeds, the costs of redeeming Bonds from the proceeds of such prepayment, and
the cost of recording any notices to evidence the prepayment and the redemption (the
"Prepayment Fees and Expenses").
II. Compute the amount the CFD Administrator reasonably expects to derive from the
reinvestment of the Prepayment Amount less the Prepayment Fees and Expenses as
determined pursuant to paragraph 10, from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
12. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount
computed pursuant to paragraph 11 (the "Defeasance Amount").
13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment,
or (b) the amount derived by subtracting the new reserve requirement (as defined in
the Indenture) in effect after the redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
-
City ofChula VIsta Revised November 2004
Community Facilities District No. 2001-1, Improvement Area B
San Miguel Ranch 5-26 Page 11
- ~-- _._._---"---~--_._---~-----_.-
14. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest and/or principal payment following the current Fiscal
· Year, a capitalized interest credit shall be calculated by multiplying the quotient
computed pursuant to paragraph 2 by the expected balance in the capitalized interest
fund after such fIrst interest and/or principal payment (the "Capitalized Interest
Credit").
15, The Maximum Annual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to paragraphs 3, 4, 6, 10 and 12, less the amounts computed
pursuant to paragraphs 13 and 14 (the "Prepayment Amount").
16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4,
· 12, 13, and 14 shall be deposited into the appropriate fund as established under the
Indenture and be used to retire Outstanding Bonds or make debt service payments.
The amount computed pursuant to paragraph 10 shall be retained by CFD No, 2001-
1, Improvement Area B. The amount computed pursuant to paragraph 6 shall be
deposited in the Construction Fund.
The Prepayment Amount may be insufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
retained in the appropriate fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
·
As a result of the payment of the current Fiscal Year's Special Tax levy as determined
under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's
Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any
Assessor's Parcel that is prepaid, the CFD Administrator shall cause a suitable notice to be
recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the
release of the Special Tax lien on such Assessor's Parcel, and the obligation of such
Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, 'no Special Tax prepayment shall be allowed unless the
· amount of Maximum Annual Special Taxes that may be levied on Taxable Property within
CFD No. 2001-1, Improvement Area B both prior to and after the proposed prepayment is
at least 1.1 times the maximum annual debt service on all Outstanding Bonds.
Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted
upon the terms and conditions established by the Council pursuant to the Act. However,
the use of Bond tenders shall only be allowed on a case-by-case basis as specifically
approved by the Council.
2. Prepayment in Part
· The Maximum Annual Special Tax obligation on an Assessor's Parcel of Developed
Property or an Assessor's Parcel of Undeveloped Property for which a building permit has
been issued may be partially prepaid. The amount of the prepayment shall be calculated as
City ofChula Vista Revised Navember 2004
Community Facilities District No. 2001-1, ImprovemenLrea B
San Miguel Ranch 5 - 7 Page 12
in Section H.l; except that a partial prepayment shall be calculated according to the
following formula:
PP = (PE X F) + A
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section H,I, minus Prepayment Fees
and Expenses pursuant to Step 10.
F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the
Maximum Annual Special Tax.
A= the Prepayment Fees and Expenses pursuant to Step 10.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual
Special Tax shall notifY the CFD Administrator of (i) such owner's intent to partially
prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum
Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as
the escrow agent, if applicable. The CFD Administrator shall provide the owner with a
statement of the amount required for the partial prepayment of the Maximum Annual
Special Tax for an Assessor's Parcel within 30 days of the request and may charge a
reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute
the funds remitted to it according to Paragraph 16 of Section HI, and (ii) indicate in the
records ofCFD No. 2001-1, Improvement Area B that there has been a partial prepayment
of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special
Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual
Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant
to Section D.
I. TERM OF MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2005-06 to
the extent necessary to fully satisfY the Special Tax Requirement for a period no longer
than 2041-42.
-
City ofChulo Vista Revised November 2004
Community Facilities District No, 2001-1, Improvement Area B
San Miguel Ranch 5-28 Page 13
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5-29 P"OO19 'We! S(:lT:[ ÞOOVlt/6 'IiMp"T-1DlJl-a:D\t'£9 DJd\:M
Council Agenda Statement
Item No. : ~
Meeting Date:02/08/2005
ITEM TITLE: RESOLUTION AUTHORIZING THE MODIFICATION TO THE
CITY OF CHULA VISTA MONUMENT WALL LOCATED AT THE
POLICE DEPARTMENT AND THE CONSTRUCTION OF AN
EMPLOYEE SERVICE RECOGNITION WALL.
;'\
SUBMITTED BY: Chief of pOlice1!y/"
Gþd
REVIEWED BY: City Manager /,\ (4/5ths Vote: Yes_ NO_X_)
The Police Department seeks approval to modify the original plans for the memorial wall
to include the establishment of a Countywide Law Enforcement Memorial to recognize
the "Line of Duty Deaths" of Chula Vista Police Officers, Clarence L. Henrichon and
Robert Earl Cox, as well as the other seventy six law enforcement personnel who have
died in the line of duty dating back to 1864. In addition, the department also seeks
approval to construct an employee service recognition wall which was originally
incorporated in the memorial wall.
RECOMMENDATION: That Council approves the proposal for a Countywide Law
Enforcement Memorial at the Chula Vista Police Department and the construction of an
employee service recognition wall.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
BACKGROUND:
The initial design for the Chula Vista Police Headquarters Facility included a memorial
monument and a service recognition wall. As the project unfolded, an unmet
Countywide need surfaced. That need was to recognize seventy-eight San Diego
County officers representing fourteen agencies who had given their lives in the line of
duty dating back to May 25, 1864. Tragically, Chula Vista lost two officers in 1958,
Clarence L. Henrichon and Robert Earl Cox, who died within 78 days of one another.
Unfortunately, during the past decade the Law Enforcement Memorial Foundation has
been unsuccessful in securing a location to recognize those law enforcement personnel.
The City of Chula Vista has the opportunity to address that unmet need and provide the
only location in the County where all 78 names of these agents, officers, or deputies
who will be memorialized. It is recommended that the scope of the monument wall be
expanded from the initial plan to commemorate only Chula Vista officers, to include all
of the law enforcement personnel who have died in the line of duty countywide.
As the Police Department was unable to mèmorialize the officers in the old building
constructed in the 1970's, the organization felt it was imperative that the department
6-1
~_ _ _ _.M.__.__. ____~_..._._,________
/
Page, Item ,
0
·
Meeting Date 02/08/2005
recognize the contributions Officers Henrichon and Cox made to the City as the new
police department building was being constructed. As the plan to memorialize these
officers was being formulated, an idea to include all law enforcement officers killed in
the line of duty on the wall quickly gained acceptance among department personnel.
The Chula Vista Police Officers Association endorses the Countywide concept of
recognizing all of the law enforcement personnel on the memorial wall. Attachment "A"
depicts how the memorial wall will look with all of the names inscribed.
· The proposed memorial is also supported by the law enforcement executives from
throughout San Diego County, as noted in Attachment "B". This proposal is also
supported by the Law Enforcement Memorial Foundation, a group of dedicated
individuals who annually host the Law Enforcement Officers Memoria/ Service at Balboa
Park. Over the last 20 years, this group sponsors the annual event which recognizes
contributions made by those who gave their life in the line of duty.
There is adequate space on the monument to meet the future need to add additional
names, as unfortunately more lives will be lost as we keep the public safe.
· In addition to the monument wall, the Police Department organization felt that
recognition needed to be given to those employees who had contributed 25 years or
more of service to the department. Initial design plans called for the names of these
employees to be located on the same monument with the fallen officers. Once the plan
to include all slain officers on the monument progressed, a new plan for employee
recognition needed to be addressed. To accomplish this, a separate recognition wall will
be constructed to recognize the efforts of those CVPD personnel who have contributed
25 years or more to this organization. Currently, the department has in excess of 50
employees whose contributions to the City of CV extended beyond the quarter of a
century mark. Recognizing the long term commitments of the members of this
· organization, both past and present, will perpetually remind visitors and employees of
the valuable contributions these employees made to the community. Attachment "C"
depicts the service recognition wall which will be located on the west side of the building
next to the front lobby and behind the memorial wall.
The new police facility has the components to address these recognition needs that the
building constructed in the early 70's did not have. These recommendations allow the
recognition not only of long term Chula Vista Police personnel, but also the recognition
of all law enforcement officers from the San Diego region, many who worked side by
side with Chula Vista officers to make this county a safer place to live and work.
,
FISCAL IMPACT: The total cost for this project is $17,950 (which includes both the
memorial wall and service recognition wall). Funds for this project are included in the
New Police Facility project budget, therefore no appropriations are needed. Minimal
annual costs may occur as names are added to either the monument wall or 25-year
employee recognition wall. These ongoing expenses will be addressed via the normal
budget process.
· 6-2
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San Diego County
POLICE CHIEFS' & SHERIFF'S
Association. . .
315 Fourth Avenue
Chula Vista, CA 91910
OFFICERS Telephone (619) 691-5150
Presidl!D.t
Rick EmersoD
Chula VISta
VICe President
Mike PGeblman
Oceanside
Bob Hutton
Secntary
Coronado
T........r January 31, 2005
Tom ZOU
Carlsbad
EXECUTIVE
BOARD
Betty KoIepea RE: Law Enforcement Memorial
SJ). Port District
Skip Carter
ClIP. Border Division
Bill McClur:, Interim. The law enforcement executives of San Diego County support and
El Cajon endorse the plans for the City of Chula Vista's Law Enforcement
Jolm Fernandes Memorial. The 78 men and women who paid the ultimate price while
DEA performing their duties deserve the recognition, which will be afforded
Bonnie Damanis on the Chula Vista Memorial Wall. The signatories on the attached
District Attorney page are thankful to the Chula Vista City Council for their wisdom and
Mike Conaelly insight to provide a location where the survivors and the general
Chief Investigator
Darryl Griff'ea public may recognize the contributions made by those who paid the
V.s. Border Patrol ultimate price in the performance of their duties.
Duane White
Escondido
Daniel DzwiIewski
FBI
Adolfo Gonzales
National City
Vmcent laria ichard P. Emerson, Chief
SaD Diego Co. Probation Chula Vista Police Department
Bill Kolender
San Diego Co. Sheriffs
William LansdOWDe Encl.
San Diego Police Department
John Carpenter
SDSU
Carol C. Lam RPE:yg
U.S. AttÐrney
Alan LanDing, Interim
La Mesa
"
David Bejarano
U.S. Marshal
Attachment "B"
6-4
......... ..-.- ~....- ,'- ~.__..- -.--.-..---- --.--.-.- "--~------'-
CALIFORNIA HIGHWAY PATROL
May 30, 1925 Wallace R. Valentine
February 14, 1965 Merrel Lee Kissinger
June 5, 1998 Christopher Lydon
October 28, 2000 Sean Nava
August 12,2001 Stephen Michael Linen Jr.
November 19, 2003 . Dean Beattie
CARLSBAI> POLICE DEPARTMENT
February 13, 1978 Wesley Fox
September 1, 1991 William "Billy" Jack
·
CHULA VISTA POLICE DEPARTMENT Richard Emerson, Chief
May 2,1958 Clarence L. Henrichon Chula Vista Police Department
July 19, 1958 Robert Earl Cox --- /: --y
CORONADO POLICE DEPARTMENT . ¿--:-/ I~
Róbert Hutton, Chief
October 12, 1954 Frank S. Greene Coronado Police Department
DRUG ENFORCEMENT ADMINISTRATION
March 5, 1985 Enrique Camarena-Salazar John r ndes, Special Agent in Charge
February 2, 1991 Eugene T. McCarthy Drug nfor~dministration
August 27, 1994 Frank Fernandez
· aJdtu;.. ua~
EL CAJON POLICE DEPARTMENT Bill McClurg, Interim Ch f
May 23, 1970 Frederick H. Wilson EI Cajon Police Department
FEDERAL BUREAU OF INVESTIGATION
August 9, 1979 Charles W. Elmore Daniel Dzwilewski, Special Agent In Charge
August 9, 1979 J. Robert Porter Federal Bureau of Investigations
FEDERAL BUREAU OF PRISONS
February 7, 1983 Gary Lee Rowe Federai Bureau of Prisons
NATIONAL CITY POLICE DEPARTMENT ..-e?...r'~ <;..-'..~
· June 24, 1987 RobertA. Medina Adolfo Gonzales, étiief
OCEANSIDE POLICE DEPARTMENT National City Police Department
Ift.~
July 4,1889 C.C. Wilson, City Marshal
September 24, 1916 J.E. Mugan, City Marshal Mike Poehlman, Chief
June 13, 2003 Tony Zeppetella Oceanside Police Department
SAN DIEGO COUNTY
SHERIFF'S DEPARTMENT
May 25, 1864 Andrew Kriss .ø~¿;f- ;;r41/
November 27, 1899 Will J. Ward
May 17,1919 Thomas A. Fay
· September, 25, 1983 Donn G. Witt William B, Kolender, Sheriff
January 13, 1986 Kelly Ann Bazer San Diego County Sheriff's Department
December 5, 1987 Lonny G. Brewer
February 8, 1989 Theodore Beckmann, Jr.
February 16, 1997 Patrick Steven Coyle
SAN DIEGO POLICE DEPARTMENT
August 27,1913 Emery E. Campbell William La sdowne, Chief
July 2,1915 Oliver S. Hopkins San Diego Police Department
October 21, 1918 Walter B. Holcomb 6-5
·
March 19, 1921 Joseph S. Lee
April 3, 1927 Charles R. Harris
January 16, 1928 Robert L. Powers
September 19, 1929 Robert B. McPherson
January 15, 1933 Edward J. Moore, Jr. .
November 20,1937 Thomas A. Keays
September 7, 1940 HeruyJ. Goodrich
December 12, 1955 Robert F. Bowers
March 11, 1957 Harry Kay Jr.
November 25, 1963 Michael J. Bushman
December 7, 1964 Robert J. Everitt
December 29, 1970 James P. Lewis
October 7, 1971 Freddie J. Edwards
April 2, 1977 Denis W. Allen
November 4, 1978 Archie C. Buggs
April 11, 1979 Michael T. Anaya
June 25, 1979 Dennis G. Gonzales
June 6 1981 Ronald R. Ebeltoft
June 6 1981 H. Keith Ti{fany
February 20, 1983 Kirk L. Johnson
September 14, 1984 KimberlyTonahill
September 16, 1984 Timothy Ruopp
March 31, 1985 Thomas E. Riggs
January 31, 1988 Jerry L. Hartless
September 17,1991 Ronald W. Davis
April 25, 2003 Gerald K. Griffin
June 26, 2003 Terry Bennett
U. S. SECRET SERVICE
June 4, 1980 Julie Y. Cross
U.S. BORDER PATROL Ramon F. Maytorena, Special Agent in Charge
October 28, 1925 Ross A Gardner U.S. Secret Service
March 25, 1930 Harry E. Vincent ~~~1!
March 7, 1933 Phillip D. Strobridge
October 16, 1956 John A. Rector
April 16, 1960 Archie L. Jennings
June 17, 1967 Theodore L. Newton, Jr. Darryl E. Griffen .
June 17, 1967 George F. Azrak
October, 25 1968 Ralph L. Anderson
July 8, 1974 Glenn A. Phillips
March 28, 1995 Luis A. Santiago
June 14, 1997 Stephen C. Starch
October 20, 1998 Jesus De La Ossa
October 20, 1998 Thomas J. Williams
March 27, 1999 Stephen M. Sullivan
May 6,2002 Roberto J. Duran
October 25, 2002 Catherine Hill
Rev. 10/22/04
6-6
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6-7
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MODIFICATION TO
THE CITY OF CHULA VISTA MONUMENT WALL
LOCATED AT THE POLICE DEPARTMENT AND THE
CONSTRUCTION OF AN EMPLOYEE SERVICE
RECOGNITION WALL.
WHEREAS, The initial design for the Chula Vista Police Headquarters Facility included
a memorial monument for Chula Vista officers killed in the line of duty and a service recognition
wall; and
WHEREAS, the Police Department recognized a need for a County-wide memorial wall
to remember the 78 officers who had given their lives in the line of duty since 1864; and
WHEREAS, a County-wide memorial is endorsed by the Chula Vista Police Officers
Association, the County Chief s and Sheriff Association and the Law Enforcement Officers
Memorial Service; and
WHEREAS, the new proposal would list the 78 officers from San Diego County law
enforcement agencies who were killed in the line of duty; and
WHEREAS, a separate service recognition wall will be built to recognize employees of
the Police Department who gave 25 years or more of service to the Police Department.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the modification to the City of Chula Vista monument wa1l10cated at the
Police Department and the construction of an employee service recognition wall.
Presented by Approved as to form by
~f1L- 'l1~
¡, J -
Richard P. Emerson Ann Moore
Chief of Police City Attorney
6-8
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