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Home My WebLink AboutAgenda Packet 2005/05/24 CITY COUNCIL AGENDA May 24, 2005 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~(f?- ~ '-- -- ---~ - -- - - ~-----~ CllY 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 website at: www.chulavistaca.gov ********** AGENDA May 24, 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 . ACKNOWLEDGEMENT BY DANIEL BEINTEMA, NATURE CENTER DIRECTOR, OF DUKE ENERGY FOUNDATION FOR A GIFT OF $50,000 FOR THE NATURE CENTER'S NEW GREEN SEA TURTLE EXHIBIT CONSENT CALENDAR (Items I through 7) 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. If 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. APPROVAL OF MINUTES of May 10 and May 17, 2005. Staff recommendation: Council approve the minutes. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 PUBLIC FACILITIES DEVELOPMENT IMPACT FUND BY $98,802 AND AWARDING A CONTRACT TO EMERGENCY SERVICES CONSULTING, INC. TO CONDUCT A FIRE FACILITY, EQUIPMENT, AND DEPLOYMENT MASTER PLAN STUDY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) On September 7, 2004, the City Council authorized the Fire Department to release a Request for Proposal (RFP) to conduct a Fire Facility, Equipment, and Deployment Master Plan Study. A formal RFP was released on January 12, 2005. The Purchasing Agent received a total of five proposals on February 11, 2005. The Fire Department is recommending award of the contract to Emergency Services Consulting, Inc., in the amount of $98,802, with an option to buy Deccan Software for an additional $25,600 at the completion ofthe project. (Fire Chief) Staff recommendation: Council adopt the resolution. Page 1 - Council Agenda May 24, 2005 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RETURN OF PREVIOUSLY APPROPRIATED BIKE FACILITIES (TDA) FUNDS AND APPROPRIATING EQUIVALENT TRANSPORTATION SALES TAX (TRANSNET) FUNDS TO CAPITAL IMPROVEMENT PROJECT ST-298 (4/5THS VOTE REQUIRED) The City Council appropriated Bike Facility (TDA) funds for Capital Improvement Project ST-298, Bay Boulevard Bike Path from E to F Street. In place of a TDA grant, SANDAG assigned the City Transportation Sales Tax (TransNet) Bicycle funds for this project. Adoption of the resolution modifies the project budget to reflect the appropriate funding source. (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. 96-04, OTAY RANCH VILLAGE 1, NEIGHBORHOOD R-21; AND APPROVING THE ASSOCIATED SUBDIVISION AGREEMENT FOR CHULA VISTA TRACT NO. 96- 04, OT A Y RANCH VILLAGE I, NEIGHBORHOOD R-21 On February 1, 2005 the Council approved a tentative subdivision map for Otay Ranch Village 1 Neighborhood R-21, a condominium conversion of 168 multi-family units. Approval of the final map and its associated subdivision agreement will allow the final map to record, the applicant to file a condominium map, and the individual units within the project to be sold. (City Engineer) Staff recommendation: Council adopt the resolution. SA. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 05-02, OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENT FOR STREET PURPOSES, THE FIFTEEN-FOOT WIDE SEWER EASEMENT, AND THE SIDEWALK AND PUBLIC ACCESS EASEMENT GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2004-418, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 2 - Council Agenda May 24, 2005 On December 14, 2004, the Council approved a tentative subdivision map for 86.9 acres of the Otay Ranch Freeway Commercial Sectional Planning Area Plan-Chula Vista Tract 05-02. Adoption of the resolutions approves the final "B" map within the Freeway Commercial Sectional Planning Area, and the "B" map supplemental subdivision improvement agreement for the tentative map. (City Engineer) Staff recommendation: Council adopt the resolutions. 6A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING SOUTHERLY PROJECT LIMITS ON THE I-80S/ORANGE AVENUE INTERCHANGE IMPROVEMENTS (STM-328), AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND TO CAPITAL IMPROVEMENT PROJECT STM-351 FOR A CONSTRUCTION CHANGE ORDER RELATED TO IMPROVEMENTS AT I-805/MAIN STREET/AUTO PARK DRIVE INTERCHANGE (4/5THS VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A BID FOR A CONSTRUCTION CHANGE ORDER FOR THE I-80S/ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE PROJECT FOR ADDITIONAL WORK AT THE SOUTHERLY LIMITS OF THE PROJECT IN THE CITY OF CHULA VISTA (PROJECT STM-358), CALTRANS CONTRACT NO. 11- 156584 TO YEAGER-SKANSKA, INC., IN THE AMOUNT OF $1,664,116.89 D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE PROJECT BUDGET OF CAPITAL IMPROVEMENT PROJECT STM-328 TO REFLECT APPROVED FUNDING SOURCES AND TRANSFERRING FUNDS THEREFOR (4/5THS VOTE REQUIRED) On April 27, 2004, the Council awarded a contract to Yeager-Skanska Inc., for work related to the East Orange Avenue/Olympic Parkway Interchange at I-80S. CaITrans and the City would like to construct certain improvements at the southerly portion of the project in order to improve traffic operations at the I-805/Main Street! Auto Park Drive interchange. CaITrans is recommending that the cooperative agreement be amended to include the revised area of work. The contractor, Yeager-Skanska Inc., has submitted a construction change order bid in order to revise the southbound and northbound on-ramps at I-805/Main Street! Auto Park Drive. (City Engineer) Staff recommendation: Council adopt the resolutions. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING THE HOUSE AT 3487 MAIN STREET AS A HISTORIC STRUCTURE AND PLACING 3487 MAIN STREET, THE LORENZO ANDERSON HOUSE, AS HISTORIC SITE NO. 68 ON THE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH MUNICIPAL CODE SECTION 2.32.070(A) Page 3 - Council Agenda May 24, 2005 The Anderson family has requested that their house at 3487 Main Street, known as the Lorenzo Anderson House, be considered for inclusion on the Chula Vista List of Historic Sites. The Resource Conservation Commission (RCC) considered the designation of the house at their April 18, 2005 meeting and recommends that the house be placed on the Chula Vista List of Historic Sites. (Director of Planning and Building) 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 future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARING The following item has been advertised as a public hearing as required by law. If you wish to speak on this item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 8. CONSIDERATION OF AN EXTENSION TO ORDINANCE 3001-A, AN URGENCY INTERIM ZONING ORDINANCE PROHIBITING THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES, FOR AN ADDITIONAL PERIOD OF TEN MONTHS AND FIFTEEN DAYS On April 26, 2005, the Council adopted an ordinance that prohibited the permitting or approval of any new or expanded fee-based check cashing and deferred deposit uses for forty-five days, and directed staff to thoroughly study the issue and bring new regulations to Council for consideration. In order for staff to perform the necessary tasks, additional time is needed beyond the forty-five days allowed in Ordinance 3001-A. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following resolution and urgency ordinance: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AND ISSUING A WRITTEN REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITION THAT LED TO THE ADOPTION OF URGENCY ORDINANCE 3001-A, WHICH TEMPORARILY PROHIBITED THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES Page 4 - Council Agenda May 24, 2005 B. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING FOR TEN MONTHS AND FIFTEEN DAYS URGENCY INTERIM ORDINANCE 3001-A, PROHIBITING THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL YEAR 2005 FIRE DEPARTMENT BUDGET The Fire Department is requesting an appropriation from the available balance of the General Fund to meet unanticipated Personnel and Services and Supplies expenditures in Fiscal Year 2005. (Fire Chief) Staffrecommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 FIRE DEPARTMENT BUDGET AND APPROPRIATING $726,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) 10. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL YEAR 2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET The Police Department Personnel Services budget is projected to be over by approximately $787,677 at the end of Fiscal Year 2005. The department is requesting additional appropriations from the available balance of the general fund, as well as appropriations from the budgets for Supplies and Services and Other Expenses to cover the Personnel Services budget. Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET; APPROPRIATING $482,677 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND; APPROPRIATING $200,000 BASED UPON UNANTICIPATED ASSET SEIZURE REVENUES; TRANSFERRING $30,000 FROM SUPPLIES AND SERVICES, AND $75,000 FROM OTHER EXPENSES TO PERSONNEL SERVICES (4/5THS VOTE REQUIRED) ITEMS PULLED FROM THE CONSENT CALENDAR Page 5 - Council Agenda May 24, 2005 OTHER BUSINESS 11. CITY MANAGER'S REPORTS 12. MAYOR'S REPORTS 13. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 14. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo . Employee organizations: Police Officers Association, Chula Vista Employees Association, International Association of Fire Fighters, Western Council of Engineers 15. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One case ADJOURNMENT to an Adjoumed Regular Meeting on June 2, 2005 at 4:00 p.m., in the Council Chambers, thence to an Adjourned Regular Meeting on June 4, 2005 at 9:00 a.m. (SR-125 site tour), and thence to the Regular Meeting on June 7, 2005 at 4:00 p.m. Page 6 - Council Agenda May 24, 2005 DRAFT MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA May 10, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:56 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: Davis (excused) ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INVITATION BY RODERICK REINHART, CULTURAL ARTS AND FUND DEVELOPMENT MANAGER TO THE TASTE OF THE ARTS FESTIVAL ON MAY 15,2005 Cultural Arts and Fund Development Manager Reinhart extended an invitation to all present to attend the Taste of the Arts Festival on May 15, 2005 from 10:00 a.m. to 5:00 p.m. at Bayside Park. . INTRODUCTION BY JOHN COGGINS, PURCHASING AGENT, OF THE EMPLOYEE OF THE MONTH, LOPE LUCERO Purchasing Agent Coggins introduced Ms. Lucero. Mayor Padilla read the proclamation, and Councilmember McCann presented it to Ms. Lucero. . PRESENTATION BY FINANCE DIRECTOR MARIA KACHADOORIAN OF THE ACHIEVEMENT OF EXCELLENCE IN PROCUREMENT AWARD TO PURCHASING AGENT JOHN COGGINS AND THE PURCHASING DIVISION STAFF Finance Director Kachadoorian presented the National Purchasing Institute's Achievement of Excellence in Procurement Award to Purchasing Agent Coggins and the Purchasing Division staff. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BRAD REMP, ASSISTANT DIRECTOR OF PLANNING AND BUILDING/BUILDING OFFICIAL, PROCLAIMING THE WEEK OF MAY 8 THROUGH MAY 14,2005, AS BUILDING SAFETY WEEK Mayor Padilla read the proclamation, and Councilmember McCann presented it to Mr. Remp. Page I - Council Minutes J May 10, 2005 - ---------~-----_..- -- ----- DRAFT SPECIAL ORDERS OF THE DAY (Continued) . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO EXALTED RULER, JOSE CIBRIAN AND YOUTH ACTIVITIES CHAIRMAN, GARRY HUMMEL, OF ELKS LODGE NO. 2011, PROCLAIMING THE WEEK OF MAY I THROUGH MAY 7, 2005 AS YOUTH WEEK Mayor Padilla read the proclamation, and Councilmember McCann presented it to Exaulted Ruler Jose Cibrian and Youth Activities Chairman Garry Hummel, who accepted it on behalf of Elks Lodge No. 2011. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO POLICE CHIEF EMERSON PROCLAIMING WEDNESDAY, MAY 11, 2005 AS PEACE OFFICERS MEMORIAL DAY Police Chief Emerson stated that 77 officers who lost their lives in the line of duty would be recognized at a memorial service tomorrow in Balboa Park at 12:00 p.m., with Mayor Padilla as the keynote speaker. He invited all to attend. Mayor Padilla read the proclamation, and Councilmember McCann presented it to Chief Emerson. . Mayor Padilla recognized his daughter Ashleigh, her friends from Parkview Elementary, as well as his father, Don Wroe, who were present in the audience. CONSENT CALENDAR (Items I through 14) 1. WRITTEN COMMUNICATIONS . Request from Councilmember Davis for an excused absence from the May 10, 2005 City Council Meeting. Staff recommendation: Council excuse the absence. 2. APPROVAL OF MINUTES of the Regular Meetings of AprilS, April 12, and April 19, April 26, 2005, and the Adjourned Regular Meetings of April 12, 2005 and April 19, 2005. Staff recommendation: Council approve the minutes. 3. ORDINANCE NO. 3002, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECREASING THE SPEED LIMIT ON MOSS STREET BETWEEN INDUSTRIAL BOULEVARD AND BROADWAY FROM 35 MILES PER HOUR TO 30 MILES PER HOUR (SECOND READING) Page 2 - Council Minutes May 10, 2005 -- DRAFT CONSENT CALENDAR (Continued) Based on the provisions of Division 11-Chapter 7-Article I (Sections 22348 thru 22366) and Division l7-Chapter 3-Article I (Sections 40800 thru 40808) of the California Vehicle Code (CVC), and pursuant to authority under Chula Vista Municipal Code Section 10.48.020, titled "Established Speed Limits In Certain Zones", the City Engineer has determined that, in the interest of minimizing traffic hazards and for the promotion of public safety, the speed limit on Moss Street between Industrial Boulevard and Broadway be reduced from 35 mph to 30 mph. This speed limit will be amended in Schedule X of the register maintained in the Office ofthe City Engineer. This ordinance was introduced at the meeting of April 26, 2005. (City Engineer) Staff recommendation: Council adopt the ordinance. 4A. ORDINANCE NO. 3003, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17 OF THE CHULA VISTA MUNICIPAL CODE TO REPEAL SECTION 17.30 RELATING TO INTERIM COASTAL SAGE SCRUB HABITAT LOSS PERMIT PROCESS, AND IN ITS PLACE ADD THE OTAY RANCH GRAZING FOR IMPLEMENTATION OF THE MSCP SUB-AREA PLAN (SECOND READING) B. ORDINANCE NO. 3004, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 17 OF THE CHULA VISTA MUNICIPAL CODE TO ADD SECTION 17.35 RELATING TO HABITAT LOSS AND INCIDENTAL TAKE FOR IMPLEMENTATION OF THE MSCP SUB-AREA PLAN (SECOND READING) C. ORDINANCE NO. 3005, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING TITLE 15, CHAPTER 15.04 OF THE CITY OF CHULA VISTA MUNICIPAL CODE RELATING TO EXCAVATION, GRADING AND FILLS AS IT RELATES TO IMPLEMENTATION OF THE MSCP SUB-AREA PLAN (SECOND READING) The Multiple Species Conservation Program (MSCP) Sub-area Plan was prepared by the City of Chula Vista in coordination with the federal and state regulatory agencies in order to implement the MSCP Sub-regional Plan within the City of Chula Vista. The Council adopted the MSCP Sub-area Plan on May 13, 2003. At that time, three MSCP implementing ordinances were introduced to be considered for adoption upon issuance of the Take Permit by the wildlife agencies. On January 13, 2005, the wildlife agencies issued a Take Permit and signed the implementing agreement granting the City Take authorization. Adoption of the MSCP implementing ordinances ensures successful implementation of the MSCP Sub-area Plan, which provides protection for sensitive biological resources currently supported within the City. (Director of Planning and Building) Staffrecommendation: Council adopt the ordinances. Page 3 - Council Minutes May 10, 2005 -~~-_._- _.. DRAFT CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2005-139, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED REVENUE IN THE AMOUNT OF $3,500 FOR PARTICIPATION IN THE SCORECARDS FOR RESULTS, AN INSTITUTE OF MUSEUM AND LIBRARY SERVICES GRANT PROJECT (4/5THS VOTE REQUIRED) The Chula Vista Public Library was invited to participate in the Scorecards for Results grant project. The one-time revenue will be used to cover expenses associated with the project, which include the production of a workbook, an independent survey of library services, and staff training. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2005-140, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL ARTS TASK FORCE'S SELECTION OF THE FISCAL YEAR 2005/2006 PERFORMING AND VISUAL ARTS GRANT RECIPIENTS AND THEIR MONETARY GRANT AWARD, TOTALING $35,730 (4/5THS VOTE REQUIRED) In 1997, the Council approved a sublease with the House of Blues Concerts, Inc. (formerly Universal Concerts) that established a process whereby ticket sales proceeds at the Coors Amphitheater would be paid to the City and utilized for a Performing and Visual Arts Fund. This fund is to be used for arts grants to the Chula Vista community for the purpose of promoting and stimulating the growth of performing and cultural arts within the City of Chula Vista. This year, the Office of Cultural Arts received $36,116.00 from the House of Blues for its 2004 Concert Series. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2005-141, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $193,770 FROM THE AVAILABLE BALANCE OF THE TECHNOLOGY REPLACEMENT FUND FOR THE REPLACEMENT OF THE CITY'S DATA GENERAL MINICOMPUTERS, AND AUTHORIZING THE PURCHASING AGENT TO ACQUIRE THE EQUIPMENT THROUGH WESTERN STATES CONTRACTING ALLIANCE (WSCA) AND CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) COOPERATIVE PURCHASING AGREEMENTS (4/5THS VOTE REQUIRED) The City operates two Data General Unix minicomputers to run the City's financial applications, including payroll, general ledger, purchasing, fixed assets, as well as other applications. Since these computers can no longer support the new versions of these programs and Data General is no longer supporting the operating system, the minicomputers need to be replaced. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes May 10, 2005 DRAFT CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2005-142, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF WAY WITHIN THE CUL-DE-SAC OF HAROLD PLACE LOCATED IN THE EASTLAKE BUSINESS CENTER Eastlake Business Center II has requested to vacate a portion of public right-of-way within the cul-de-sac of properties located at 820, 821 and 841 Harold Place in Eastlake Business Center. In accordance with Chapter 4, Section 8330 of the State Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said summary vacation provided certain conditions are met. (City Engineer) Staff recommendation: Council adopt the resolution. 9 A. RESOLUTION NO. 2005-143, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF PUBLIC STREET EASEMENTS FOR AUTO PARK DRIVE AND EASEMENT FOR PARKING AND EMERGENCY ACCESS WITHIN THE AUTO DEALERSHIPS LOCATED EAST OF 1-805 AND SOUTH OF MAIN STREET B. RESOLUTION NO. 2005-144, RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR SETTING A PUBLIC HEARING FOR JUNE 7, 2005 TO CONSIDER VACATING STREET LIGHT AND PEDESTRIAN EASEMENTS AND A PUBLIC DRAINAGE EASEMENT LOCATED ADJACENT TO AUTO PARK DRIVE, EAST OF 1-805, SOUTH OF MAIN STREET DGF Family Limited Partnership, owner of the property located at 520 Auto Park Drive (Fuller Ford), has requested the vacation of public street easements for Auto Park Drive and the associated street light and pedestrian easements, public drainage easement and easement for parking and emergency access in the auto dealerships located south of Main Street on either side of Brandywine Avenue. In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8333 and 8334 of the California Streets and Highways Code, the street easements for Auto Park Drive and the easement for parking and emergency access may be performed summarily through adoption of a resolution ordering said vacation. In accordance with Part 3, Chapter 3 of the California Streets and Highways Code, the Council must adopt a Resolution of Intention setting a public hearing in order to consider the vacation request for the street light and pedestrian easements and the public drainage easement associated with Auto Park Drive. (City Engineer) Staff recommendation: Council adopt the resolutions. 9. RESOLUTION NO. 2005-145, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT TO PACIFIC BELL TELEPHONE COMPANY AS NECESSARY FOR THE COMPLETION OF STATE ROUTE 125 Adoption of the resolution authorizes granting an easement for communications facilities over a portion of city-owned land to Pacific Bell Telephone Company (SBC) as required for the Construction of State Route 125. (City Engineer) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes May 10, 2005 DRAFT CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2005-142, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF PUBLIC RIGHT-OF WAY WITHIN THE CUL-DE-SAC OF HAROLD PLACE LOCATED IN THE EASTLAKE BUSINESS CENTER Eastlake Business Center II has requested to vacate a portion of public right-of-way within the cul-de-sac of properties located at 820, 82 I and 84 I Harold Place in Eastlake Business Center. In accordance with Chapter 4, Section 8330 of the State Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said summary vacation provided certain conditions are met. (City Engineer) Staff recommendation: Council adopt the resolution. 9 A. RESOLUTION NO. 2005-143, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF PUBLIC STREET EASEMENTS FOR AUTO PARK DRIVE AND EASEMENT FOR PARKING AND EMERGENCY ACCESS WITHIN THE AUTO DEALERSHIPS LOCATED EAST OF 1-805 AND SOUTH OF MAIN STREET B. RESOLUTION NO. 2005-144, RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FOR SETTING A PUBLIC HEARING FOR JUNE 7, 2005 TO CONSIDER VACATING STREET LIGHT AND PEDESTRIAN EASEMENTS AND A PUBLIC DRAINAGE EASEMENT LOCATED ADJACENT TO AUTO PARK DRIVE, EAST OF 1-805, SOUTH OF MAIN STREET DGF Family Limited Partnership, owner of the property located at 520 Auto Park Drive (Fuller Ford), has requested the vacation of public street easements for Auto Park Drive and the associated street light and pedestrian easements, public drainage easement and easement for parking and emergency access in the auto dealerships located south of Main Street on either side of Brandywine Avenue. In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8333 and 8334 of the California Streets and Highways Code, the street easements for Auto Park Drive and the easement for parking and emergency access may be performed summarily through adoption of a resolution ordering said vacation. In accordance with Part 3, Chapter 3 of the California Streets and Highways Code, the Council must adopt a Resolution of Intention setting a public hearing in order to consider the vacation request for the street light and pedestrian easements and the public drainage easement associated with Auto Park Drive. (City Engineer) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION NO. 2005-145, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN EASEMENT TO PACIFIC BELL TELEPHONE COMPANY AS NECESSARY FOR THE COMPLETION OF STATE ROUTE 125 Adoption of the resolution authorizes granting an easement for communications facilities over a portion of city-owned land to Pacific Bell Telephone Company (SBC) as required for the Construction of State Route 125. (City Engineer) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes May 10, 2005 DRAFT CONSENT CALENDAR (Continued) 11. RESOLUTION NO. 2005-146, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE 2004/2005 SEWER REHABILITATION PROGRAM - PHASE XIV (SW- 231); AUTHORIZING THE TRANSFER OF AVAILABLE SEWER FACILITY REPLACEMENT FUNDS INTO THE PROJECT FROM THE 2003/2004 SEWER REHABILITATION PROGRAM, PHASE XIII (SW-230) PROJECT; AND AUTHORIZING STAFF TO INCREASE QUANTITIES TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT (4/5THS VOTE REQUIRED) On March 30, 2005, the Director of General Services received three sealed bids for the Fiscal Year 2003/2004 Sewer Rehabilitation Program-Phase XIII (SW-230) and Fiscal Year 200412005 Sewer Rehabilitation Program-Phase XIV (SW-23 I). The project includes replacing existing broken sewer mains and laterals, repairing cracked sewer lines, and replacing asphalt concrete pavement in various locations throughout the City. (Director of General Services) Staff recommendation: Council adopt the resolution. 12. RESOLUTION NO. 2005-147, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING UNANTICIPATED REIMBURSEMENT FUNDS FROM THE COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING IN THE AMOUNT OF $50,000 TO THE FISCAL YEAR 200412005 SUPPLIES AND SERVICES BUDGET OF THE POLICE DEPARTMENT (4/5THS VOTE REQUIRED) The Police Department has realized unanticipated reimbursement revenue from the Commission on Peace Officer Standards and Training (POST) and requests to appropriate these unanticipated funds to the training budget of the Police Department. (Chief of Police) Staff recommendation: Council adopt the resolution. 13. RESOLUTION NO. 2005-148, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, DUDEK & ASSOCIATES, INC. (CONSULTANT), AND THE EASTLAKE COMPANY, LLC (APPLICANT), RELATED TO PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE EASTLAKE III SENIOR HOUSING PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The EastLake Company, LLC (Applicant) has filed an application for the EastLake III senior housing project. The Envirorllnental Review Coordinator has determined that the proposed project requires the preparation of an Environmental Impact Report (EIR). The item before the Council is a request for approval of the proposed contract with Dudek & Associates, Inc., for an amount not to exceed $148,306, to provide consultant services for the preparation ofthe EIR for the proposed proj ect. (Director of Planning and Building) Staffrecommendation: Council adopt the resolution. Page 6 - Council Minutes May 10, 2005 .-----.-. DRAFT CONSENT CALENDAR (Continued) 14 A. RESOLUTION NO. 2005-149, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A THREE-YEAR CONTRACT TO NBS GOVERNMENT FINANCE GROUP, DBA NBS, FOR PERFORMANCE OF SPECIAL DISTRICT APPORTIONMENT, DELINQUENCY MONITORING, ADMINISTRATION, AND OTHER SERVICES FOR ASSESSMENT DISTRICTS, COMMUNITY FACILITIES (MELLO-ROOS) DISTRICTS, AND OPEN SPACE DISTRICTS; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2005-150, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE AGREEMENT FOR ASSESSMENT DISTRICT AND COMMUNITY FACILITIES DISTRICT JUDICIAL FORECLOSURE SERVICES TO STRADLING YOCCA CARLSON & RAUTH, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION NO. 2005-151, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY ATTORNEY OR HER DESIGNEE TO INITIATE FORECLOSURE PROCEEDINGS Adoption of the resolutions approves agreements with NBS Govemment Finance Group, dba NBS, and Stradling Yocca Carlson & Rauth; and authorizes the City Attorney to proceed with judicial foreclosure. The services these consultants provide ensure that the City's fiduciary responsibility to the bondholders is fulfilled. (City Engineer, Director of Finance) Staff recommendation: Council adopt the resolutions. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0 with Deputy Mayor Davis absent. ORAL COMMUNICATIONS Christine Rodriguez Moore of Parkview Elementary introduced several students who spoke of their efforts to raise $9,000 for a trip to the Capitol in Sacramento. They stated that they are $1,000 short and requested Council assistance. Mayor Padilla asked staff to bring back a recommendation regarding the request in accordance with City policy. PUBLIC HEARINGS 15. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION Page 7 - Council Minutes May 10, 2005 DRAFT PUBLIC HEARINGS (Continued) Adoption of the resolution enhances the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged and that payment be received on a timelier basis. This is the identical process approved by the Council since August 1998. (Director of Finance). Staff recommendation: Council conduct the public hearing and adopt the following resolution: Notice ofthe hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Finance Director Kachadoorian reported on the number and valuation of delinquent accounts. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2005-152, heading read, text waived: RESOLUTION NO. 2005-152, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL The motion carried 4-0 with Deputy Mayor Davis absent. 16. CONSIDERATION OF AN INCREASE TO THE SEWERAGE CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE SCHEDULE (Continued from April 26, 2005) The City of San Diego, as part of the Metropolitan Wastewater District ("Metro"), provides sewage treatment services to fourteen participating agencies that do not own and operate a sewage treatment facility. The City of Chula Vista, along with the other participating agencies, sends sewage generated to San Diego's Wastewater Treatment Plants for treatment. In 1985, Chula Vista established the sewerage capacity charge to fund the planning, design and construction of wastewater collection or treatment facilities needed to facilitate the development of the City. It was also intended to fund either the construction of treatment facilities or the purchase of additional treatment capacity rights in the Metro sewer system. Since then, the City has made several adjustments to the sewerage capacity charge; however, another increase is needed to ensure that there is adequate revenue necessary to fund the acquisition of additional sewage treatment capacity rights. It is recommended that the current sewer capacity charge be increased from $3,000 to $3,478 to ensure that there is adequate capacity in the system. (City Engineer) Page 8 - Council Minutes May 10, 2005 -------- .- --. DRAFT PUBLIC HEARINGS (Continued) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. City Engineer AI-Agha provided an overview of the staff report and responded to questions of the Council. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered the following ordinance for fust reading and Urgency Ordinance 3006-A for adoption, headings read, texts waived: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INCREASE OF THE SEWERAGE CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE SCHEDULE (FIRST READING) ORDINANCE NO. 3006-A, URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN INCREASE OF THE SEWERAGE CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE SCHEDULE (4/5THS VOTE REQUIRED) 17. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF FISCAL YEAR 200412005 STATE CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND The Police Department has been awarded $307,014 through the Supplemental Law Enforcement Services Fund (SLESF). These State funds were allocated to the Police Department for purposes stipulated by the Citizens' Option for Public Safety (COPS) Program. Acceptance and appropriation of these funds requires a public hearing per stipulations of the State COPS Program. (Chief of Police) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Administrative Services Manager Chew provided a brief overview of the staffreport. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. Page 9 - Council Minutes May 10, 2005 .~,---_... DRAFT - PUBLIC HEARINGS (Continued) ACTION: Councilmember McCann offered Resolution No. 2005-153, heading read, text waived: RESOLUTION NO. 2005-153, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $307,014 FROM THE STATE CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND AND APPROPRIATING FUNDS BASED ON UNANTICIPATED REVENUE TO THE FISCAL YEAR 2004/2005 PERSONNEL BUDGET OF THE POLICE DEPARTMENT (4/5THS VOTE REQUIRED) 18. CONSIDERATION OF AN ORDINANCE MODIFYING THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE The City's Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988. Since its inception, the program has been updated several times to reflect new land use approvals, proposed changes to the General Plan, and updated project cost estimates. The last TDIF update was approved on August 13, 2002. Adoption of the resolution approves the 2005 TDIF update recommending an increase from the current fee of $8,825 to $10,050 per Equivalent Dwelling Unit (EDU). (City Engineer) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. City Engineer Al-Agha provided an overview of the staff report and responded to questions of the Council. David Krogh expessed his views on the proposed transportation development impact fees and offered suggestions that a) the fees be refunded to current property owners via a "toll reduction" per state law; b) the fiscal impact be considered and documented in the public record, specifically including the immediate general fund impact and impacts on current property owners for which the Interim SR 125 fee was paid; c) the Council consider a possible adverse fiscal impact on the general fund due to failure to comply with state law regarding a refund of unused impact fees to property owners. He asked that not just the $1.8 million, but rather the entire $15 million, be considered for funding of the toll reduction concept. Additionally, he asked the Council not to take action on Item D below at this time. Councilmember McCann requested that the documents provided by staff to the Council be made available for public review at City Hall and all Libraries. Page 10 - Council Minutes May 10, 2005 ------ DRAFT PUBLIC HEARINGS (Continued) There being no further members of the audience wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember McCann offered the following ordinance for first reading and Resolution Nos. 2005-154, 2005-155 and 2005-156 for adoption, headings read, texts waived: A. RESOLUTION NO. 2005-154, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT PREPARED BY STAFF RECOMMENDING AN UPDATED TRANSPORTATION DEVELOPMENT IMPACT FEE TO MITIGATE TRANSPORTATION IMPACTS WITHIN THE CITY'S EASTERN TERRITORIES B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM, CHAPTER 3.54 OF THE MUNICIPAL CODE (FIRST READING) C. RESOLUTION NO. 2005-155, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A $7 MILLION LOAN REPAYMENT, PLUS INTEREST, FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO THE INTERIM SR-125 DEVELOPMENT IMPACT FEE FUND D. RESOLUTION NO. 2005-156, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING THE FUND BALANCE OF THE INTERIM SR-125 DEVELOPMENT IMPACT FEE FUND TO THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND, AND FORGIVING THE $3.3 MILLION, PLUS INTEREST, LOAN BETWEEN THESE FUNDS The motion carried 4-0 with Deputy Mayor Davis absent. City Manager Rowlands recognized soon-to-retire Assistant City Manager Krempl, who was present in the audience, and commended him for his past work on the Transportation Development Impact Fee Fund. ACTION ITEMS 19. CONSIDERATION OF THE ANNUAL ACTION PLAN FOR FISCAL YEAR 2005/2006, COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG); HOME INVESTMENT PARTNERSHIP (HOME); AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI); AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS Page II - Council Minutes May 10, 2005 -- --~,--- -- DRAFT ACTION ITEMS (Continued) The City is eligible to receive $2,299,525 in Community Development Block Grant (CDBG), $1,027,072 in Home Investment Partnership (HOME), $34,958 in American Dream Downpayment (ADDI), and $87,011 in Emergency Shelter Grant (ESG) entitlement funds from the U.S. Department of Housing and Urban Development (HUD) for Fiscal Year 2005/2006 upon submittal and approval of the Annual Action Plan. (Director of Community Development) Assistant Community Development Director Smith provided the staff report and responded to questions of the Council. Councilmember Rindone noted that he would request additional funding during the budget process for Tab 13, the Day of the Child Program. Deborah Munoz, representing the Child Care Commission, thanked the Council for committing to further consider additional funding for the Day of the Child Program. Councilmember McCann recognized Child & Youth Policy Advocate Marcelino in the audience and thanked all the groups that applied for funding. Mayor Padilla spoke regarding attempts to save future CDBG funding and recommended that concerned groups contact their local representatives. ACTION: Councilmember Rindone offered Resolution No. 2005-157,heading read, text waived: RESOLUTION NO. 2005-157, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONSOLIDATED ANNUAL PLAN FOR FY 200512006 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG); HOME INVESTMENT PARTNERSHIP (HOME); AMERICAN DREAM DOWNPAYMENT INITIATIVE (ADDI); AND THE EMERGENCY SHELTER GRANT (ESG) PROGRAMS; AUTHORIZING TRANSMITTAL OF THE CONSOLIDATED ANNUAL PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND INSTRUCTING STAFF TO INCLUDE APPROPRIATIONS TO FUND THE CONSOLIDATED ANNUAL PLAN IN THE FY 2005/2006 PROPOSED BUDGET The motion carried 4-0 with Councilmember Davis absent. ITEMS PULLED FROM THE CONSENT CALENDAR There were none. Page 12 - Council Minutes May 10, 2005 DRAFT OTHER BUSINESS 20. CITY MANAGER'S REPORTS City Manager Rowlands announced that budget hearings were scheduled at 4:00 p.m. on June 2, June 8 and June 9, 2005, with budget adoption scheduled for the regular meeting of June 21, 2005. 21. MAYOR'S REPORTS There were none. 22. COUNCIL COMMENTS Councilmember Castaneda requested a report on the bicycle helmet enforcement policy and ways to make it a higher priority. CLOSED SESSION 23. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo . Employee organizations: Police Officers Association, Chula Vista Employees Association, International Association of Fire Fighters, Western Council of Engineers This item was not discussed. 24. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 . One case No reportable action was taken on this item. ADJOURNMENT At 8:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of May 17, 2005, at 6:00 p.m. in the Council Chambers. ...-.F tucw:=3. ~~ Susan Bigelow, MMC, Cl Clerk Page 13 - Council Minutes May 10, 2005 MINUTES OF A REGULAR MEETING OF THE DRAFT - CITY COUNCIL OF THE CITY OF CHULA VISTA May 17,2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Davis, McCann, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO PUBLIC WORKS DIRECTOR, DAVE BYERS, PROCLAIMING THE WEEK OF MAY 15 THROUGH MAY 21, 2005 AS NATIONAL PUBLIC WORKS WEEK - Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Public Works Director Byers. . INTRODUCTION BY POLICE CHIEF EMERSON OF RECENTLY HIRED LATERAL POLICE OFFICER, NATHAN WALKER Police Chief Emerson introduced Officer Walker, and City Clerk Bigelow administered the oath of office. . PRESENTATION BY JAMES SANDOVAL, DIRECTOR OF PLANNING AND BUILDING, REGARDING THE CODE ENFORCEMENT PROGRAM Director of Planning and Building Sandoval explained how additional code enforcement resources provided over the past year and a half have been utilized. Assistant Director of Planning and Building Remp presented an overview of the code enforcement program. Councilmember Rindone suggested that information regarding the code enforcement program be included in utility billings to residents. CONSENT CALENDAR (Items 1 through 4) Item No. 1B was removed from the agenda at the request of staff. - With regard to Item 4, Councilmember McCann stated that Harborside Park would be the fIrst park built on the west side of the City since 1979; and he believed it reflected the Council's commitment towards revitalizing the older communities. Page 1 - Council Minutes J May 17, 2005 DRAFT CONSENT CALENDAR (Continued) Regarding Item 4, Councilmember Castaneda asked staff to apprise the community of the anticipated timeframe for completion. General Services Director Griffin responded that community meetings would be organized upon commencement of construction. 1. WRITTEN COMMUNICATIONS A. Letter of resignation from William Tripp, member of the Growth Management Oversight Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. B. Letter from Ms. Dinah Goodspeed appealing false alarm fees totaling $350.00. Staff recommendation: The item be removed from the agenda, since the matter has been addressed by staff with the appellant. 2. ORDINANCE NO. 3007, ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN INCREASE OF THE SEWERAGE CAPACITY CHARGE AND THE MODIFICATION OF THE MASTER FEE SCHEDULE (SECOND READING) The City of San Diego, as part of the Metropolitan Wastewater District (Metro), provides sewage treatment services to 14 participating agencies that do not own and operate a sewage treatment facility. Chula Vista, along with the other participating agencies, sends sewage generated to San Diego's Point Lorna Wastewater Treatment Plant for treatment. In 1985, Chula Vista established the sewerage capacity charge to fund the planning, design and construction of wastewater collection or treatment facilities needed to facilitate the development of the City. It was also intended to fund either the construction of treatment facilities or the purchase of additional treatment capacity rights in the Metro sewer system. Since then, the City has made several adjustments to the sewerage capacity charge; however, another increase is needed to ensure that there is adequate revenue necessary to fund the acquisition of additional sewage treatment capacity rights. Adoption of the ordinance increases the current sewer capacity charge from $3,000 to $3,478 to ensure that there is adequate capacity in the system. This ordinance was introduced May 10, 2005. (City Engineer) Staff recommendation: Council adopt the ordinance. 3A. RESOLUTION NO. 2005-158, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH, SUB-AREA III, NEIGHBORHOOD lOA FINAL MAP; ACCEPTING ON BEHALF OF THE CITY THE VARIOUS PUBLIC EASEMENTS, ALL AS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDNISION IMPROVEMENT AGREEMENT; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS Page 2 - Council Minutes May 17, 2005 CONSENT CALENDAR (Continued) DRAFT - B. RESOLUTION NO. 2005-159, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT OF EASEMENTS, LICENSE AND MAINTENANCE AGREEMENT BETWEEN MCMMILLIN ROLLING HILLS RANCH, LLC, AND THE CITY OF CHULA VISTA FOR THE MAINTENANCE OF PUBLIC RIGHT-OF-WAY WITHIN ROLLING HILLS RANCH SUB-AREA III, NEIGHBORHOOD lOA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On October 6, 1992, the Council approved a tentative subdivision map for Salt Creek Ranch, Chula Vista Tract No. 92-02. On May 13, 2003, the Council approved an amending tentative subdivision map for Rolling Hills Ranch (formerly known as Salt Creek Ranch) Sub-area III, Chula Vista Tract No. 92-02A, in which Neighborhoods 9 through 12 of the original tentative subdivision map were redesigned. Adoption of the resolutions approves the Neighborhood lOA final map, its associated subdivision and supplemental subdivision improvement agreements, and a grant of easements and maintenance agreement for privately maintained public property. (City Engineer) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION NO. 2005-160, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO. TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF HARBORSIDE PARK (CIP PR249),LOCATED ON OXFORD STREET IN WESTERN CHULA VISTA; AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT; AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE "WESTERN CHULA VISTA INFRASTRUCTURE PROGRAM (GG188)" TO "HARBORSIDE PARK (PR249)", AS NECESSARY TO COMPLETE THE PROJECT The Council previously approved capital improvement program project No. PR249 and the master plan for Harborside Park, which conceptually designed and provided for the construction of a completed and fully functional park. Council approved a design build agreement with Erickson-Hall Construction Co. for this park. The design build agreement contained a not-to-exceed price of $1,554,224 with the guaranteed maximum price to be set upon receipt of ninety percent of the construction drawings. The project is nearing the end of the design phase and ready to start the construction phase this month. Adoption of the resolution approves the fIrst amendment, setting the guaranteed maximum price at $1,987,030. (Director of General Services) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Stanley Kottle expressed concern about a blind intersection at the northern exit of the Target - store on Fourth Avenue, stating that overgrown hedges and fencing obstruct the view of oncoming traffic, and vehicles travel at high speeds. He stated that he was placing the Council and the City on notice regarding the conditions and would hold the City liable should an injury or death occur in the future. He also reported that bushes obstruct the view of northbound traffic when exiting from the Police Department onto Fourth Avenue. Page 3 - Council Minutes May 17, 2005 DRAFT ORAL COMMUNICATIONS (Continued) Scott Alevy, representing South County Economic Development Council, thanked the Council for its past support, provided an overview of past events, and outlined goals for the ensuing year. Betsy Cory, representing the Friends of Rice Canyon, reported that the group has successfully chopped and hauled away two tons of Tamarisk weeds from the canyon. She thanked City staffrnembers Joel Chew and Chevis Fennell for providing a licensed herbicide applicator to prevent re-growth and requested that members of the community interested in forming a canyon group contact the Sierra Club at 619/284-9399. Heather Santos expressed concern regarding daytime drug and gang activities at Valle Lindo Park and requested more adequate night lighting. Mayor Padilla referred Ms. Santos' concerns to staff and asked the Police Department to provide feedback with respect to the City's enforcement program. ACTION ITEMS 5. CONSIDERATION OF ADOPTION OF A RESOLUTION DECLARING THE CITY'S INTENTION TO INCREASE SEWER SERVICE CHARGES AND SETTING A PUBLIC HEARING TO CONSIDER SAID INCREASE All users who are connected to the City's wastewater collection system pay the sewer service charge. Revenues derived from this fee are used to fund the cost of wastewater treatment, system maintenance and operation. Based on the findings of a rate study, it was determined that the existing rates would not generate the revenues needed to meet the obligations of the fund over the long term, therefore, the rates need to be adjusted, and in some cases, increased. (City Engineer) Civil Engineer Al-Agha presented the proposed sewer service charge increase and financing plan. Councilmember McCann asked why the proposed increase, from .70 cents to $1.97, would remain static until the year 2010 rather than be implemented incrementally over this period. City Engineer Al-Agha responded that the plan is balanced based upon a variety of factors and forecasts for the City's long-term expenses to the Metro system that remain uncertain through the year 2010. Councilmember McCann expressed concern about shifting costs for new housing hook-ups onto existing ratepayers. City Engineer AI-Agha responded that there would be no such cost shifting. ACTION: Deputy Mayor Davis offered Resolution No. 2005-161, heading read, text waived: RESOLUTION NO. 2005-161 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO INCREASE SEWER SERVICE CHARGES AND SETTING A PUBLIC HEARING TO CONSIDER SAID INCREASE FOR JULY 12, 2005 AT 6:00 P.M. The motion carried 5-0. Page 4 - Council Minutes May 17, 2005 DRAFT OTHER BUSINESS - 6. CITY MANAGER'S REPORTS City Manager Rowlands announced the following tentative dates for budget hearings, to be conducted in the Council Chambers, and asked that Council calendars be polled to confirm the dates: Thursday, June 2, 2005, 4:00 p.m. to 6:00 p.m. Tuesday, June 7, 2005 4:00 p.m. to 6:00 p.m. (followed by the Regular City Council Meeting) Tuesday, June 14,2005 4:00 p.m. to 6:00 p.m. 7. MAYOR'S REPORTS Mayor Padilla congratulated everyone involved in the success of the recent "Taste of the Arts" event. 8. COUNCIL COMMENTS . Councilmember Rindone: Discussion of problems with alcohol consumption in Friendship Park and proposal to designate Friendship Park as alcohol-free. Councilmember Rindone stated that since he resides within 500 feet of Friendship Park, he would not discuss the matter but requested that the issues be referred to staff. .- Deputy Mayor Davis extended warm greetings from Mayor Ozawa of Odawara, Japan, the City's Sister City, and said she would forward a report on her trip. She added that next year is the City's 25th anniversary as Odawara's Sister City and that she had invited Mayor Ozawa and other dignitaries to attend a celebration. She also announced that the City is currently accepting applications for exchange students who are interested in traveling to Odawara. Councilmember McCann congratulated Assistant City Manager Palmer and staff on the success of the recent "Taste of the Arts" event. CLOSED SESSION 9. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 . Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr., Maria Kachadoorian, Ed Van Eenoo . Employee organizations: Police Officers Association, Chula Vista Employees Association, International Association of Fire Fighters, Western Council of Engineers No reportable action was taken on this item. 10. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 - . One case This item was not discussed and no action was taken. Page 5 - Council Minutes May 17, 2005 DRAFT ADJOURNMENT At 7:45 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting of the City Council and the Sweetwater Union High School District Board of Directors on May 23, 2005, at 5:00 p.m., at 1130 Fifth Avenue, Chula Vista, California, and thence to the Regular Meeting of the City Council on May 24,2005, at 6:00 p.m. in the Council Chambers. ~?.Lu.. CLu < --s..?~ Susan Bigelow, MMC, City Clerk Page 6 - Council Minutes May 17, 2005 ,-_. COUNCIL AGENDA STATEMENT Item: :r Meeting Date: OS/24/05 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2005 PUBLIC FACILITIES DEVELOPMENT IMPACT FUND BY $98,802 AND AWARDING A CONTRACT TO EMERGENCY SERVICES CONSULTING, INC. TO CONDUCT A FIRE FACILITY, EQUIPMENT, AND DEPLOYMENT MASTER PLAN STUDY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT SUBMITTED BY: Fire Chief i)p'P REVIEWED BY: City Manager P (415ths Vote: YesLNo _) On September 7, 2004, the City Council authorized the Fire Department to release a Request for Proposal to conduct a Fire Facility, Equipment, and Deployment Master Plan Study. A formal RFP was released on January 12, 2005. The Purchasing Agent received a total of 5 proposals by the deadline of February 11, 2005. The Fire Department is recommending award of the contract to Emergency Services Consulting, Inc. in the amount of $98,802 with an option to buy Deccan Software for an additional $25,600 at completion of the project. RECOMMENDATION: That the City Council adopt the resolution.. BOARDSICOMMISSIONS RECOMMENDATION: N/A DISCUSSION: In September, the City Council approved the Fire Department's Strategic Business Plan in concept and authorized the release of a request for proposal for a Fire Facility, Equipment, and Deployment Master Plan Study. The strategic plan is a comprehensive approach to ensure the optimal delivery of fire services to our community. A formal Request for Proposal No. 4-04/05 was released on January 12, 2005 to twenty-six potential respondents and advertised in local newspapers. The Purchasing Agent received a total of 5 proposals the deadline of February 11, 2005. A committee comprised of the Assistant Finance Director, the fire department's Fire Chief and Administrative Services Manager as well as representatives of the Office of Budget & Analysis, and two members of Local ;1-1 2180 evaluated the proposals. All of the firms met the minimum criteria and scope of work in the RFP. As a result all were invited to participate in two-hour interviews. The following is a summary (in aiphabetical order) of the proposals evaluated by the selection committee: Summary of Finalist Consultant RFP Cost Software Options Cltiaate & Associates $134,426 $20-30,000 CGR Consultinq $ 69,995 -- Emeraencv Services Consultina, Inc. $ 98,801.55 $ 25,600 Matrix $114,000 -- Trl-data' $154,970 -- Selection Criteria All proposals were evaluated based on the following criteria: . Methodology used to conduct the Study; and . Ability to evaluated alternative scenarios within the scope of work and cost of the contract; and, . Experience developing innovative solutions and conducting studies for similar size agencies and the degree to which those studies were implemented successfully; and, . Ability to conduct a financial forecast for each alternative; and, . Knowledge of Insurance Services Organization (ISO) rating schedules and process and ability to conduct a cost benefit analysis for a Class 1 ISO rating; and, . Work plan, communication and on-site interaction; and, . Experience making presentations and presenting findings to City Councils', City Managers' and community groups; and, . Demonstrated ability to develop and maintain long relationships with clients i.e., percent of repeat business and follow-up service at no additional charge to clients. Based on the above criteria and the interviews process, the selection committee recommended further review and reference checks for two finalists: Emergency Services Consulting and Citigate & Associates. The other consulting firms did not demonstrate an ability to meet all of the selection criteria as outline above. After an in-depth review of the finalist; cost comparison and reference check, the committee selected Emergency Services Consulting, Inc. (ESCI) to conduct the study. References confirmed that ESCI has demonstrated their ability to deliver and meet the scope of work for this project. ESCI is well known for the high caliber of work, strong methodology, creative solutions, and ability to meet 1 TriData elected not to participate in the interview process and was subsequently disqualified. 7-2 project scope and deliverables on time and -within budget and maintain ongoing relationships with their clients. ESCI has experience working with the new Insurance Services Organization (ISO) rating schedule and will help quantify the costs and or savings for achieving an ISO rating. Additionally, ESCI will evaluate the final scenarios resulting from the General Plan Update and develop recommendations for each alternative within the cost of this contract. They have over a 90% ratio for repeat business and long lasting relationships with their clients. EmerQencv Services ConsultinQ. Inc. Emergency Services Consulting, Inc. was established in 1976. The consulting firm specializes in fire, police, communications, emergency management, and EMS consulting services throughout the United States and Canada. ESCI's headquarters are located in Wilson, Oregon and its Regional Office is in Chesterland, Ohio. They have six full time staff and over forty field associates nationwide. The primary consultant is Jack W. Snook who will provide project oversight. Mr. Snook has over 36 years of fire service and consulting experience. ESCI together with HealthAnalytics will develop a long-range service delivery plan for the City of Chula Vista. The Study team will evaluate the existing fire and EMS delivery system, evaluate fire station, apparatus network and structure fire capability, conduct a special issues analysis, conduct alternative Fire Department service delivery system analysis and system structure response capability. Upon completion of Study the consultant shall present the findings to the City Manager and City Council at a special workshop or City Council meeting. ECSI has implemented creative solutions to complex problems and dilemmas. ESCI avoids pre-conceived biases in order to develop and implement imaginative and long-lasting solutions. Also, of significance is the inclusion of Health Analytics, LLC. HealthAnalytics together with ESCI (ESCI/HA) utilize state-of- the-art computer driven modeling and analysis to complete a detailed deployment analysis. Additionally ESCI/HA uses geographic information systems technology to assist in the analysis of current response performance and to model the results of deployment options. ESCI/HA have significant experience in fire and EMS system analysis. They utilize proven evaluation processes and tools to determine the efficiency and effectiveness of the entire delivery system. In addition, they have a unique capability for comparing and contrasting the current service delivery system against other agencies and best practices, standards and regulations in the industry. 2-3 Deliverables and Timetable Attachment A describes both costing and deliverables proposed for this project. The project is projected to be completed 20 weeks from the start date of May 25, 2005. Final alternatives and recommendations will be presented to the City Council and City Manager in a workshop setting in the fall of 2005. Option to buy Deccan TM Software Deccan TM International was founded in 1995. It is a software company focused on data based tools and analyses that enable fire fighting, ambulance and 911 operations to become more efficient. This software along with other tools and expertise will be utilized by ESCI to conduct the Study. During the course of the Study the software will be populated with Chula Vista's data to conduct analysis. As part of the proposal ESCI is willing to give the City of Chula Vista the option to buy the software for $25,600. The Deccan software will give the Fire Department an analysis and modeling tool to define, run, and analyze an unlimited number of deployment options without specific knowledge of modeling and mathematics. It automatically recalculates and graphically displays response performance quickly so that alternatives can be analyzed in a short period of time. All data layers created as a result of this project will be provided to the Fire Department as part of the software package. Funds ($25,600) are included in the FY06 Fire Suppression Systems Development Impact Fund budget in the event the Fire Department elects to purchase of the software at the completion of the Study. The software has an ongoing maintenance and support cost of approximately $8,000 annually and will need to be budgeted in the FY 2007 budget if the purchase is made in FY 2006. FundinQ Growth continues to have an impact on the services provided by the Fire Department and its resources. The pace of growth, and the resulting transformation of the community, presents challenges that must be met with a comprehensive management approach to ensure the optimal delivery of fire services. In an effort to achieve this result, the Fire Department has completed a Strategic Business Plan. The need to conduct a Fire Facility, Equipment, and Deployment Master Plan Study to ensure optimal system service delivery as the City continues to grow was one of the recommendations brought forward in the Strategic Business Plan. The Study. is 100% Fire Public Facility Development Impact Fund eligible. 7--4 FISCAL IMPACT: There is no net impact to the General Fund for completion of the Study; the $98,802 will be appropriated from the Public Facility Development Impact Fund (PFDIF). The Study will be paid from the PFDIF. An additional, $25,600 will be budgeted in the FY 2006 Fire Suppression Systems DIF in the event the Fire Department elects to purchase the Deccan Software package at the completion of the study. The software has an ongoing maintenance and support cost of approximately $8,000 annually and will need to be budgeted in the FY 2007 budget if the purchase is made in FY 2006. The total cost including the software is $124,402. Attachment A Agreement 7-5 - DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2005 PUBLIC FACILITIES DEVELOPMENT IMPACT FUND BY $98,802 AND AWARDING A CONTRACT TO EMERGENCY SERVICES CONSULTING, INC. TO CONDUCT A FIRE FACILITY, EQUIPMENT, AND DEPLOYMENT MASTER PLAN STUDY AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT Whereas, On September 7, 2004, the City Council authorized the Fire Department to release a Requestfor Proposal to conduct a Fire Facility, Equipment, and Deployment Master Plan Study; and, Whereas, A formal Request for Proposal No. 4-04/05 was released on January 12, 2005; and, Whereas, The Purchasing Agent received a total of 5 proposals by the closing date of February II, 2005; and, Whereas, After interviews and an in-dept review/reference check, the Fire Department has selected Emergency Services Consulting, Inc. to conduct the study; and, Whereas, Emergency Services Consulting, Inc. (ESCI) was established in 1976 and is a consulting fi= which specializes in fIre, police, communications, emergency management, and EMS consulting services throughout the United States and Canada; and, Whereas, ESCl's headquarters are located in Wilson, Oregon and its Regional Office is in Chesterland, Ohio; and, Whereas, Attachment A describes both costing and deliverables proposed for this proj ect; and, Whereas, The project is projected to be completed 20 weeks from the start date and fmal alternatives and recommendations will be presented to the City Council and City Manager in a workshop setting in the fall of2005; and, Whereas, the cost to conduct the Study is $98,802 and will be paid from the Public Facility Development Impact Fund; and, Whereas, the City of Chula Vista has the option to buy the Deccan software containing all information used to conduct the Study for $25,600; and, 2-5 DRAFT Whereas, The Deccan software will give the Fire Department an analysis and modeling tool to define, run, and analyze an unlimited number of deployment options without specific knowledge of modeling and mathematics; and, Whereas, The pace of growth, and the resulting transformation of the community presents challenges that must be met with a comprehensive management approach to ensure the optimal delivery of fire services; and, Whereas, ESCI is well known for the high caliber of work, strong methodology, creative solutions, and ability to meet proj ect scope and deliverables on time and within budget and maintain ongoing relationships with their clients. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby amend the FY 2005 Fire Department budget by $98,802 from the Public Facilities Development Impact Fund and award a contract to Emergency Services Consulting, Inc. to conduct a fire facility, equipment, and deployment master plan study and authorizes the City Manager to execute said Agreement. Presented by: Approved as to form by: Q~ ~~Jf~~ ~: Fire Chief City Attorney Attachment A HJsharc:d/attomey/fire master plan ESCI 2.7 Attachment A I - ~ Emergency Services Consu.li:ing inc. a HEALTHANAlYTICS , Costing I I I Chula Vista Fire Facility, Equipment, and Deployment Master Plan Pricing ;:"~!W$~~~t1:W~~~~~~{1fif~t~.$R1.~~jtasks::'&:sL1~~k$-r:~~~;~~1i~hTItfi~MM~j~~~~:~~~~j:'~Houis:' I Evaluate existing fire' and EMS delivery system Develop a description of each first-in service 24 Evaluate fire station, apparatus network, & structure fire capability , First in engine response capability 14 Second in engine response capability 14 First in ladder truck capability 12 I Second in ladder truck capability 12 Battalion Chief's response capability 10 ALS response capability - first on-scene analysis 10 I Call type frequency distribution analysis - by station / company 10 Turnout and travel time analysis - by station / company 10 Response time analysis - by station / call type 10 I EMS response time analysis - success rates using strategic plan goals 10 BLS response time analysis - success rates using strategic plan 10 - Dispatch time analysis 8 I Fleet, equipment location, deployment, and coverage analysis 14 Safety personnel, training, and staffing analysis 14 Compliance with strategic plan / growth management oversight thresholds 14 I Training facilities evaluation 10 Capital costs analysis 14 Funding analysis 14 Demographic, diversity, mixed-use, & EMS requirements analysis 12 Special issues analysis Analysis of fire-retardant building and landscaping materials 14 Analysis of changes to in-service training requirements 10 Alternate station location analysis (Station #1) 12 Cost / benefit analysis of dedicated ALS companies 14 ISO level analysis and recommendations 14 City dispatch time analysis 8 Five year fire loss benchmarking analysis 14 Fire equipment replacement cycle analysis 14 Alternative Fire Department service delivery system analysis Implementation plan for new stations 14 First-ih service area descriptions 10 Future emergency call volume projections - by station & ALS site 12 Projected response time success rates using strategic plan goals 14 ESCi Proposa1- City of Chula Vista, CA - Fire Facility, EC]uip~~ymd Deployment M2ster PIan 39 .- J ~ Emergency Services Consulting inc. a HEALTHANALYTICS ,.... J System structure response capability J First-in engine capability 8 Second-in engine capability 8 First-in ladder capability 7 . Second-in ladder capability 7 Battalion Chief capability 7 Capital impact analysis of altemative networks 10 J Operating budget impact analysis 14 Fire apparatus, fleet/equipment iocation/deployment/coverage 16 Staffing requirements (communications, admin. prevention, etc.) 12 J Capital cost analysis 12 Five year operating and capital budgets for each alternative 16 Submit First Draft of Final Report 42 . Develoo LonQ RanQe Service Plan . 48 Total Hours 603 Hourly Rate $ 145.00 . Total Professional Fees $ 87,435.00 Travel Cost @ 13% $ 11 ,366.55 . Proiect Cost Without Deccan™ Software $ 98,801.55 I Deccan™ Software Price To Customer $ 25,600.00 Total Project Cost With Deccan™ Software $124,401.55 . Please refer to the Appendix for a description of the benefits and advantages of the Deccan TM I software option. Payment Schedule J . 10% of total price of the contract following initial research and meetings with Selection Committee. I . 40% of total price of contract following the draft report which will include computer models, maps, comparative analysis as described in the Scope of Study due no later than May 16,2005. . . 40% of contract amount upon acceptance of the fInal report by the City of Chula Vista due no later than July 15, 2005. 10% of contract amount upon completion of presentation of [mdings to City Manager , . and/or City Council. /;.. Ij ~ ESCi Propn;:;aI -. City of Ch111a Vistc\, C^ - Fire Facility, Bqqjprr@m\ ~rl Di~pJnY;>I~~nll,1w,k, 'Ph,1 40 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROV AI.. BY THE CITY COUNCIL 31 Cl4. b4-- ~ Ann Moore City Attorney Dated: DOS" Amending the FY 05 Public Facilities Development Impact Fund by $98,802, and Awarding Contract to Emergency Services Consulting, Inc. 2-10 ~_. ---- DRAFT Agreement between City of Chula Vista And Emergency Services Consulting Inc. For a Fire Facility, Equipment, and Deployment Master Plan Study This agreement ("Fire Master Plan"), dated May 10, 2005 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is ipdicated on Exhibit A, paragraph 2, as such ("City") , whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant") , and is made with reference to the following facts: Recitals Whereas, ESCI is well known for the high caliber of work, strong methodology, creative solutions, ability to meet project scope and deliverables on time, within budget, and maintain ongoing relationships with their clients; and, Whereas, ESCI is in partnership with HealthAnalytics and are to conduct the Study and develop alternatives and recommendations; and Whereas, ESCI/HA utilize state-of-the-art computer driven modeling and analysis to complete a detailed deployment analysis; and, Whereas, ESCI/HA utilize proven evaluation processes and tools to determine the efficiency and effectiveness of the entire delivery system; a.nd, Whereas, Together they have a unique capability for comparing and contrasting the current service delivery system against other agencies and best practices, stahdards and regulations in the industry; and, Whereas, ESCI has experience working with the new Insurance Service Office ( ISO) rating schedule and will help quantify the costs/savings for achieving an ISO rating; and, J:\AliciaH\2PTY Agreements\Fire Master Plan Award. doc Page 1 2-11 DRAFT Whereas, ESCI/HA will evaluate the final scenarios resulting from the General Plan Update and develop reco~~endations for each alternative; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Consultant to the City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; J:\AliciaH\2PTY Agreernents\Fire Master Plan Award.doc Page 2 7- 17 DRAFT Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City,and Emergency Services Consulting, Inc. do hereby mutually agree as follows: l. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties" , Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled " Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, and operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related t~the Defined Services ("Additional Services") , and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 3 2-13 -~--- DRAFT "Rate Schedule" in Exhibit A, Paragraph 11 (C) , unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and sub consultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverage's, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage") . Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. ( 1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 4 '2--14 DRAFT demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2 ) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and CrosS-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. ( 1) Performance Bond, In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorneyl which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2 ) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which 1. The City Attorney's Office prefers that you obtain approval of the surety or bank, the form of the security and the amount of the security from the Risk Manager in the first instance and not the City Attorney. The City Attorney's office would be available on such risk issues as an alternate only if the Risk Manager is unavailable and the matter can't wait. J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 5 7-15 --".". DRAFT amount is indicated in the space adjacent to the term, "Letter of Credit" , in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for- all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkrnark" next to the appropriate J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 6 2-16 DRAFT arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ( "Contract Administrators" ) indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4 . Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5 . Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. cailure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: cor each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior J:\AliciaH\2PTY Agreements\Fire Master Plan Award. doc Page 7 2-17 DRAFT to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consul.tan t n for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 8 2-18 DRAFT E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's, which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party, which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indern:nify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or J:\AliciaH\2PTY Agreements\Fire Master Plan Award. doc Page 9 2-19 DRAFT alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultan~'s employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant , its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to jUdgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: 1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses., attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 10 2-20 DRAFT Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions 01 the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole 'negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way altars, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 2. Indemnification for Professional Services. As to the Consultant's professional obligation, work. or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limi ted to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8 . Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies,' surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work. satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the J:\AliciaH\2PTY Agreernents\FirB Master Plan Award.doc Page 11 2-21 -- DRAFT amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, error s, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsul tants" . 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 12 2-22 DRAFT properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purpoSes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1. 34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 13 2-23 DRAFT 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 14 2-24 DRAFT D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. J:\AliciaH\2PTY Agreernents\Fire Master Plan Award.doc Page 15 2-25 DRAFT Signature Page to Agreement between City of Chula Vista and Emergency Services Consulting, Inc. for Fire Facility, Equipment, and deployment Master Plan IN WITNESS WHEREOF, City and Emergency Services Consulting, Inc. have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 2005 City of Chula Vista by: Steve Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: , 2005 Emer Services Consulting By: Ja Snook, President ESI Exhibit List to Agreement ( X) Exhibit A. J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 16 2-26 DRAFT Exhibit A to Agreement between City of Chula Vista and Emergency Services Consulting, Inc. l. Effective Date of Agreement: May 10, 2005 2. City-Related Entity: (X ) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a ( ) Other: , a [insert'business form] 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4 . Consultant: Emergency Services Consulting, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 25200 SW Parkway Avenue, Suite 3 Wilsonvil1e, Oregon 97070 Voice Phone (619) 800-757~3724 Fax Phone (619) 503-570-0522 7 . General Duties: ESCI together with HealthAnalytics will develop a long rage service delivery plan which will J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 17 2-27 DRAFT evaluate existing fire and EMS delivery system, evaluate fire station, apparatus network & s.tructure fire capability, conduct a special issues analysis, conduct alternative Fire Department service delivery system analysis and system structure response capability. Upon completion of Study the consultant shall present the findings to the City Manager and/or City Council at a special workshop or City Council meeting. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The scope of work will consist of the scope identified in the City's RFP and the attached the proposal submitted by the cOnsultant. Specific tasks and sub- tasks are identified on.pages 39 and 40 of the consultant's proposal. B. Date for Commencement of Consultant Services: (X ) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Draft report: Eight weeks within the study. Deliverable No. 2 : Final report: By the end of September, 2005. Deliverable No. 3: In the event the City elects to purchase the Deccan Software, consultant agrees to include data layers used in the Study. D. Date for completion of all Consultant services: 16 weeks from start date. 9. Insurance Requirements: ( ) Statutory Worker's Compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 18 2-28 . DRAFT (X) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . 10. Materials Required to be Supplied by City to Consultant: ESCI will require the following relevant, background information and material: . Recommendations from previous studies . Annual reports . Service demand and response time data . GIS maps and other data layers as available . Land use and growth plans . Relevant contractual agreement(s) . All available reports on emergency service operations . Relevant community planning documentations . Historical data on service calls in a computer readable format, as available . An inventory of facilities, apparatus and major equipment . The most recent demographic data available . Chula Vista 911 dispatch Center call for service information . Heartland communications call for service history . City of Chula Vista Finance Department historical budget data for the fire department . Other information as required to perform the study. 11. Compensation: For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice. to proceed to Consultant as to said Phase. Phase Fee for Said Phase J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 19 2-29 ---.- DRAFT l. Initial research and $9,880.16 (10% of total meetings with City's committee contract) 2 . Draft report to include computer models, maps, and $39,520.62 (40% of total comparative analysis as contract) minus a 10% described in the Scope of contingency to be paid at Study completion of project 3. Draft Report $39,520.62 (40% of total contract) minus a 10% contingency to be paid at completion of project 4 . Final Report 5. Completion of presentation $9,880.15 (10% of contract) of findings to the City Manger and/or City Council Work beyond the scope of the agreement will be performed on an hourly basis at a rate of $145/hour by consultant 12. Contract Administrators: City: Doug Perry, Fire Chief Consultant: Jack Snook, President ESCI 13. Liquidated Damages Rate: Not Applicable ( ) $ per day. ( ) Other: 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. 15. Permitted Sub consultants:. HealthAnalytics J:\AliciaH\2PTY Agreernents\Fire Master Plan Award. doc Page 20 2-30 DRAFT 186. Bill Processing: A. Consultant's billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly ( X ) Other: At completion of each phase as identified in the payment schedule 17. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( X ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% of payments ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services ( ) Other: J:\AliciaH\2PTY Agreements\Fire Master Plan Award.doc Page 21 2-31 ,- ~ COUNCIL AGENDA STATEMENT Item 2 Meeting Date: OS/24/05 ITEM TITLE: Resolution approving the return of previously appropriated Bike Facilities (TDA) funds and appropriating equivalent Transportation Sales Tax (TransNet) funds to Capital Improvement Project STL298 SUBMITTED BY: City Engineer~ REVIEWED BY: City Manager fJ (4/5ths Vote: YES...K-NO-1 BACKGROUND: The City Council appropriated Bike Facility (TDA) funds for Capital Improvement Project STL298 - Bay Boulevard Bike Path from E to F Street. In place of a TDA grant, SANDAG assigned the City Transportation Sales Tax (TransNet) Bicycle funds for this project. This action will modify the project budget to reflect the appropriate funding source. RECOMMENDATION: That council approve the resolution. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In Fiscal Year 2004, Council created Capital Improvement Project STL298, the Bay Boulevard Bike Path from E to F Street. At that time, funds in the amount of $63,939 were appropriated from the Bicycle Facilities (TDA) fund to the project. Staff applied to SANDAG for a TDA grant for this project. Due to funding limitations in this grant program, SANDAG did not select the City of Chula Vista to receive this TDA grant. In place of a TDA grant, SANDAG assigned the City TransNet Bicycle funds for this project and the City moved forward with design of the bike path. It is now necessary to remove the original proposed funding source and replace it with the updated funding source. In addition to modifying the project budget, transfers of revenues and expenditures associated with this project must also be processed. On August 8, 2003, the City received funds for this project in the amount of $7,100. In accordance with the active budget at that time, the funds were deposited into the Bicycle Facilities Fund. These funds have accumulated interest earnings in the amount of $90 while held by the City. It is now necessary to transfer the $7,190 held by the City for this project to the City's TransNet fund. 3-1 1. Page 2, Item ~ Meeting Date: OS/24/05 Since the original appropriation, funds totaling $22,865 ($17,508 in Fiscal Year 2004 and $5,357 in Fiscal Year 2005) have been expended on staff time related to the design of the Bay Boulevard Bike Path. Upon removal of the TDA funding from this project and it's replacement with TransNet funds, it will also be necessary to reverse these charges and reimburse $22,865 in staff time expenses from the TransN et fund. FISCAL IMPACT: Approval of this resolution will remove Bicycle Facility (TDA) funds from Capital Improvement Project STL298 and replace them with Transportation Sales Tax (TransNet) funds. Grant funds received and interest earnings to date will also be transferred from the TDA fund to the TransNet fund. This action has no impact on the General Fund. J:\Eng;neerIAGENDA\CAS2005\5-24-05/STL298 Funding Agenda Statement.doc 3-2 DRAFT RESOLUTION NO. 2005- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RETURN OF PREVIOUSLY APPROPRIATED BICYCLE FACILITIES (TDA) FUNDS AND APPROPRIATING EQUIVALENT TRANSPORTATION SALES TAX (TRANSNET) FUNDS TO CAPITAL IMPROVEMENT PROJECT STL298 WHEREAS, in Fiscal Year 2004, Council approved the creation of Capital Improvement Project STL298- Bay Boulevard Bike Path from E Street to F Street; and WHEREAS, funds totaling $63,939 have been appropriated to the project budget from the Bicycle Facilities (TDA) Fund; and WHEREAS, SANDAG awarded the City TransNet Bicycle Funds in place ofTDA funds for this proj ect; and WHEREAS, funds have been received by the City from SANDAG and deposited into the Bicycle Facilities (TDA) fund; and WHEREAS, it is now necessary to transfer the funds received to date and the interest earnings on those funds to the Transportation Sales Tax (TransNet) fund, and modify the project budget to reflect the correct fund source. NOW, THEREFORE, the City Council of the City of Chula Vista hereby authorizes the appropriation of $63,939 to Capital Improvement Project STL298 from the TransNet fund, the return of$63,939 from this project to the available balance of the Bicycle Facilities (TDA) fund, and the transfer of $7, I 00 in funds received and the $90 in interest earnings to date from the Bicycle Facilities fund to the TransNet fund. Presented by Approved as to form by Do-- /. H__ Sohaib Al-Agha Ann Moore City Engineer City Attorney . H:\ENGINEERIRESOSlResos2005\5-24-05\STL298 Reso.doc 3-3 ------- COUNCIL AGENDA STATEMENT Item~ Meeting Date 5/24/05 ITEM TITLE: Resolution Approving the Final Map of Chula Vista Tract No. 96- 04, Otay Ranch Village I, Neighborhood R-21; and approving the associated Subdivision Agreement for Chula Vista Tract No. 96-04, Otay Ranch Village 1, Neighborhood R-21. SUBMITTED BY: City Engineer .9' REVIEWED BY: City Manager ~ (4/5ths Vote: Yes - No X ) On February 1, 2005 Council approved a Tentative Subdivision Map for Otay Ranch Village 1 Neighborhood 21, the project is a condominium conversion of 168 multi-family units. Approval of the Final Map and its associated Subdivision Agreement will allow the final map to record, the applicant to file a condominium map and the individual units within the project to be sold. RECOMMENDATIO N: That Council adopt the resolution. BOARDS AND COMMISSIONS: Not applicable. DISCUSSION: Chula Vista Tract No. 96-04, Otay Ranch Village 1, Neighborhood R-2l is a 168 unit condominium project on 6.9 acres located in Heritage Village ofOtay Ranch at the northeast comer of the intersection of East Palomar Street and Monarche Drive. The Tentative Map for the project was approved on February I, 2005 by Resolution No. 2005-036. Final Map: The Final Map was reviewed by the City Engineer and the Director of Planning and found to be in substantial conformance with the Subdivision Manual and the approved Tentative Map. The developer, Lyon Otay Ranch, LLC, has paid all applicable fees associated with the filing of a final map. In addition to Final Map approval, staff recommends that Council approve the associated Subdivision Agreement which addresses several unfulfilled conditions of the Tentative Map approved by Resolution No. 2005-036 and the Zoning Administrators Notice of Decision DRC 05-13. These conditions will remain in effect until satisfied by the developer and/or their successors(s).. Some provisions of the Agreement shall remain in effect in perpetuity to be satisfied by the project's homeowner association under the terms ofthe approved Covenants, Codes and Conditions. FISCAL 1M]> 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 Agreement. Attachments: Attachment 1: Plat ofChula Vista Tract 96-04, Otay Ranch Village 1, Neighborhood R-21 Attachment 2: Developer's Disclosure Statement Exhibit A: Subdivision Agreement File No. OR928F J:\EngineerIAGENDA\CAS20051J-24-05ICAS The Crossings Final Map.doc 4-1 ATTACHMEN-- \ THE CROSSINGS AT OT A Y RANCf TS~T A TIVE MAP - CHULA VISTA ~,~ MAP 1a6B2~,,'~~ ~III!",,% . .'~st!I(jt . _OM:. . ~ -- =- ~> ----d4..4;:__ -- .- . - - - - _J'ffiT - - --- --- , --- - _ 1r~: - -- - . r - -- OWNEF1lDEYaOPER ~ (1'JIODl'1/NIO/.1J.&; --- DCIII;:t,UlllUl:Wt:QIP~ _r~af.o:IJ2II!I "-'iI'5II!fn;.\UJI"IJaI ~(I4f)or-'m $JitOf(IOQ,CA RIll! '" 1-J. ~ !flDfQIf:{rr')f#-r/fl QAtm:~'f "'C"YV"'" . .", I.-~. .., 4-2 ATTACHMENT 2 CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to me a Statement of Disclosure of certain ownership or financial mterests, payments, or campaign contributions on all matters which will require discretionary action on the part of the City Council, Plamring Commission, and all other official bodies. The following mionnation must be disclosed: !. List the names of all persoILS having a fimmcial interest m the property which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier, etc. C~,,-~J f1J, II u_____. L 'I h--. '2,,11 H. Lio',-- , "Fr."U, l '.<)L'r7'~ U'c:..-4... ~,,-..,( 2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares m the corporation or owning any partnership interest in the partnership. '. 3, If any person' identified pursuant to (1) above is a non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust 4. Have you had more than $250 worth of busmess transacted with any member ~the City staff, Boards, Commissions, Committees, and Council witIrin the past twelve months? Yes_N If yes, please mdicate person(s): 5. Please identify each and every person, mcluding agents, employees, consultants, or mdependent Contractors who you have assigned to represent you before the City m this matter. V":::,l,~,; vv;/y-- ~~ 'D"""",",J K~, H-o<f - '-U""7J 1;1;.1,,-.... -' /.--<tr rj '7 h"",J...c. "- 6. Have you and/or your officers or agents, m the aggre~, contn'buted more than $1,000 to a Council member in the CUIrent or preceding election period? Yes No If yes, state which Council member(s): ';::::U-"'1 7'J.W-,~ -.j ICOD d.,vJ..,......... k......... 'l)wy l...s k'U.LIO-o<.... c..:.r, * * * (NOTE: Attach Ad~ages-a~~ Date: S- /'f/()C;; / ,L. Signature of Contractor/Applicant f( .1'1 VU. uU: Printed or Typed Name of Contractor/Applicant · Person is defined as: AAny individual, firm, co-partnership, joint venture, association, social club, fraternal orgc17rizatlol'I, corporation. estate, ~t, receiver, S)l77.dicate. this and arry other county, cityl or coun.try, city m1.O!icipality, district, or other political subdivision, or any other group or combination acting as a unit. H:\HOME\ENGINEER\LANDDEVlFORMSIDISCLOSE.FRM 4-3 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH Vll.LAGE I, NEIGHBORHOOD R-21; AND . APPROVING THE ASSOCIATED SUBDIVISION AGREEMENT FOR CHULA VISTA TRACT NO. 96-04, OTAY RANCH VILLAGE 1, NEIGHBORHOOD R-21. WHEREAS, the developer, Lyon Otay Ranch, LLC, has submitted a final map for Otay Ranch Village I, Neighborhood R-21, and WHEREAS, the developer has executed a Subdivision Agreement to satisfy remaining conditions of City Council Resolution No. 2005-036. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby [mds that the certain map survey entitled Chula Vista Tract 96-04 OTAY RANCH, VILLAGE ONE, NEIGHBORHOOD R-21 and more particularly described as follows: Lot 10 of Chula Vista Tract No. 96-04 Otay Ranch, Village I "A" Map No. I, in the City of Chula Vista, County of San Diego, State of California, As shown on Map No. 13592 filed in the office of the County Recorder of San Diego County on June 24, 1998. Gross Area: 6.944 Acres No. of Lots: I Numbered Lots: I is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT RESOLVED, the City Council of the City ofChula Vista does hereby approve the Subdivision Agre=ent for Chula Vista Tract No. 96-04, Otay Ranch Village I, Neighborhood R-21, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHERRESOL VED, that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is hereby authorized to execute said agre=ents for and on behalf of the City of Chula Vista. Presented by Approved as to form by Ya.-. 7, 4<- - - Sohaib Al-Agha Ann Moore City Engineer City Attorney 4-4 ,,-..--.- 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 D .t. H-. Ann Moore City Attorney Dated: May 17, 2005 SUBDIVISION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LYON OTAY RANCH LLC FOR THE CROSSINGS AT OTAY RANCH VILLAGE ONE ONE-LOT CONDOMINIUM CONVERSION (168 UNITS) -- 4-5 DRAFT RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAlL 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. ) ) Lyon Otay Ranch, L.L.c. ) 4901 Birch Street ) Newport Beach, CA 92660 ) Attn: Frank J. Suryan ) Above Space for Recorder's Use SUBDIVISION AGREEMENT FOR THE CROSSINGS AT OTA Y RANCH VILLAGE ONE ONE-LOT CONDOMINIUM CONVERSION (168 UNITS) (Conditions: 1,2,5,6,9, 10, II, 13, 14,23 and 27 of Resolution No. 2005-036) This Subdivision Agreement ("Agreement") is made this_day of .2005, by and between THE CITY OF CHULA VISTA, California ("City" for recording purposes only) and the signators of this Agreement, Lyon Otay Ranch, L.L.C., a California Limited Liability Company, ("Developer"), 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 I, Chula Vista Tract No. 96-04, a master planned development. For purposes of this Agreement the term "project" shall also mean "Property". B. Developer applied to the City of Chula Vista Planning Commission for consideration of a Tentative Map of the Property and obtained approval ofPCS 05-08 to subdivide the Property into a one-lot condominium with 168 units on January 12, 2005. 4-6 DRAFT c. The City Council of the City of Chula Vista approved a Tentative Subdivision Map and established conditions of approval for the Project on February I, 2005 by Resolution 2005-036 ("Resolution"). D. The City of Chula Zoning Administrator considered the application to convert the Property into condominiums and issued Notice of Decision DRC-05-13 ("Notice of Decision") on February 2, 2005. E. On February 12, 2005 the Notice of Decision became final along with the conditions of approval contained therein (attached hereto as Exhibit "BOO). F. City is willing, on the promises, security, terms and conditions herein contained to approve the final map of the property known as The Crossings at Otay Ranch, Village I, NeighborhoodR-21 as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. G. 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 final map for The Crossings at Otay Ranch Village I, Neighborhood R-21. 2. "Owner or Developer or Applicant" 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 its assignees of any property within the boundaries of the map. This includes Lyon Otay Ranch, L.L.C., a California Limited Liability Company, and any and all owners of real property within the boundaries of the Property. 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 parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own 2 4-7 DRAFT 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 Conveyance to Homeowners Association. Developer may convey any portion of the Project to the Homeowners Association ("HOA") concurrently with the conveyance of the first Condominium in each phase of the Project covered by a Final Subdivision Public Report (a "Public Report") issued by the California Department ofRea1 Estate ('TIRE'') by an Association Property Grant Deed in the DRE approved form, attached hereto as Exhibit C. Such conveyance shall be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. Upon such conveyances to the HOA, the Developer shall be released from those obligations of this Agreement conveyed in the grant deed to the HOA. d. Partial Release of Developeris Assignees. If Developer assigns any portion of the Proj ect subj ect to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed or satisfied as intended by the conditions contained herein. 2. Condition No.1 - (General Preliminary). In satisfaction of Condition No. I of the Resolution, Developer hereby agrees that all of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. 3. Condition No. 2 ~ (General Preliminary). In satisfaction of Condition No.2 of the Resolution, Developer agrees to comply with, remain incompliance with and implement all the conditions, requirements and guidelines of the Tentative Subdivision Map approved by Resolution 2005-036, City ofChula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Design Manual; Notice of Decision DRC-05-13; Otay Ranch General Development Plan; Otay Ranch Overall Design Plan, adopted on March 14, 1995; Otay Ranch Village Six Sectional Planning Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan; Parks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan; and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. Developer further 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 overtime, ifanyof 3 4-8 DRAFT such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to use any sums provided by securities, bonds or cash deposits as described herein and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The City agrees to notify Developer 10 days in advance prior to any of the above actions being taken by the City and Developer shall be given the opportunity to remedy any deficiencies identified by the City. This Section 3 does not obligate Developer to modify project improvements that have been completed to conform to later adopted City standards except to the extent that the City expressly applies such standards retroactively at the time of their adoption. 4. Condition No.5 (Landscape Renovation Plan and Irrigation Plans). In satisfaction of Condition No.5 of the Resolution, Developer agrees to retain the existing tot-lot and picnic areas. Developer also agrees to complete the modification of the easement area's inigation system along the northerly East Palomar Street right-of-way and to restore the landscaping in this area (after.said modification) in accordance with approved plans. To guarantee the completion of the inigation modification and landscape restoration, Developer shall post, simultaneously with the execution of this Agreement, a bond or other security acceptable to the City in the amount of $25,000. Said security shall remain in full force and effect until the facilities, as set forth below, are constructed to the approval of the Directors of Public Works and Planning and Building. 5. Condition No.6 (Fire Protection Standards). In satisfaction of Condition No.6 of the Resolution the Proj ect shall meet and continue to meet current fIre protection standards and shall maintain all existing fire protection facilities to the satisfaction of the Fire Marshal. 6. Condition No.9 (Storage Areas). In satisfaction of Condition No.9 ofthe Resolution Developer shall install a minimum of 179 cubic feet of storage area in the single car garage space for each unit with an attached garage and 220 cubic feet of storage area in the single car garage space for each unit with a detached garage. The remaining storage space shall be retained as located in the existing closet spaces adjacent to the patios or balconies in each unit. Storage space containers must be easily accessible and shall consist of cages in the back of the garages and hanging storage shelves on the sides of the garages above head height. Developer further agrees to obtain building inspections for the installation of the overhead and side-mounted garage storage units to ensure compliance with overhead and side clearance requirements of the fire and building code prior to the close of escrow for the sale of each unit. To gUarantee construction of the storage areas, Developer shall furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of $206,870, which security shall guarantee the faithful performance of this Agreement by Developer. After all storage areas have been installed in compliance with state and local laws and the Developer's construction plans, and upon the City's building inspection ensuring such compliance, the bond shall be released. 4 4-9 DRAFT 7. Condition No. 10 - (Lighting). In satisfaction of Condition No. 10 of the Resolution, all lighting shall meet and continue to meet the protective lighting standards of the Uniform Building Code. 8. Condition No. 11 - (Interior Remodeling - Inspections Required). In satisfaction of Condition No. II of the Resolution, Developer shall obtain building inspections in compliance with building and fire codes for any interior remodeling requiring any alterations to existing plumbing or electrical systems prior to the close of escrow for the sale of each unit. 9. Condition No. 13 - (Compliance Deficiencies). In satisfaction of Condition No. 13 of the Resolution, Developer agrees to correct any deficiencies identified by the compliance survey prior to close of escrow for the sale of each unit. 10. Condition No. 14 - (Underground Utilities). In satisfaction of Condition No. 14 of the Resolution, Developer agrees to place all new utilities serving the Project underground. 11. Condition No. 23- (project Fire Access). In satisfaction of Condition No. 10 of the Resolution, Developer agrees that no barrier or control shall be placed across the access to the Project from Monarche Drive without all the following occurring: a. 100 percent of the owners of the Project shall unanimously approve of said control and/or barrier; b. Approval for said barrier and/or control shall be obtained from the Fire Marshal and Police Chief. Such control shall incorporate a mechanical gate with a "Knox override key switch and an "Opticom" strobe system, or other automated operating system and/or fail-safe feature all to the satisfaction of the Fire Marshal and Police Chief. If any barrier and/or control is placed across the Project access from Monarche Drive without satisfaction of all the above conditions said barrier and/or control shall be subject to immediate removal by City forces with costs for such removal invoiced to the Project's Homeowner Association and payment therefore secured by a continuing lien against Association property. 12. Condition No. 27 - (Hold harmless, Cable TV and Storm water). In satisfaction of Condition No. 27 the Developer agrees to the following: a. To defend, indemnify and hold harmless the City and its agents, officers and Employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 5 4-10 DRAFT 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. b. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot 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: 1. 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 11. 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. c. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this proj ect and spillage of sewage generated by the Project onto adjacent public or private or into off site storm water conveyance systems. d. To comply with all relevant City regulations and policies including, but not limited to, the Project's approved Water Quality Teclmical Report dated November 10, 2004, and 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 extent practicable. e. To maintain storm water quality treatment measures in accordance with an maintenance and inspection plan as set forth in the approved Water Quality Technical Report prepared for the Project. f. Implement and sustain in perpetuity, a source control storm water quality management program as outlined in the Water Quality Technical Report. 13. Special Taxes and Assessments. The Developer agrees to ensure that prospective 6 4-11 DRAFT purchasers sign a ''Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. 14. Satisfaction of Conditions. City agrees that the Developer's execution of and compliance with this Agreement constitutes full satisfaction of Developer's obligation of Conditions: 1,2,5,6,9, 10, 11, 13, 14,23 and 27. 15. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Notice of Decision, and shall remain in compliance with and implement the terms, conditions and provisions therein. 16. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Maps. 17. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, fust- 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 Lyon Otay Ranch, L.L.C. 4901 Birch Street Newport Beach, CA 92660 Attn: Frank T. Suryan, Jr. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this. Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, 7 4-12 ------- DRAFT understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. 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 his/her 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 the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment shall be in a fo= approved by the City Attorney. Upon delivery of the substituted securities to the City, the City shall release the original securities. f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. g. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] 8 4-13 DRAFT [PAGE ONE OF TWO SIGNATURE PAGES TO SUBDIVISION AGREEMENT FOR THE CROSSINGS AT OTAY RANCH VILLAGE ONE, NEIGHBORHOOD R-21- ONE-LOT CONDOMINIUM CONVERSION (168 UNITS)] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA 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] 9 4-14 DRAFT [PAGE TWO OF TWO SIGNATURE PAGES TO SUBDIVISION AGREEMENT FOR THE CROSSINGS AT OTAY RANCH VILLAGE ONE, NEIGHBORHOOD R-21] DEVELOPER/OWNER: Lyon Otay Ranch, L.L.c., a California Limited Liability Company By: Lyon Housing (Otay Ranch) XXIII, a California limited liability company its sole member By: ~^- <; J Frank T. Suryan, Jr. ,'President DATED: G / 18 ,2005 I (ATTACH NOTARY ACKNOWLEDGMENTS) 4-15 DRAFT CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT State of California }ss. County of cY~ On IS J,005 before me, 1)CU'1..1 n L\uto z.. (6-'I\.lLT Sl0i L NIUTII and TiUe ofObr (e.g., "Janll DoII,NcIalyPubllC1 N-.mll(s}of S!on.r(s) <1Personally known to me o proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislher/their ~ature(s) on the instrument the person(s), or e entity upon behalf of which the person(s) a ed, executed the instru ent. WIT ESS mcr and 0 iqal seal. / , u..!/.i> OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying an the document and cculd prevent fraudulent removal and reattachment at this form to another document. Description of Attached Document /" Title or Type of Document: :s k~")r11 \/1 Si N~\ H~t't'lY\e\ld: &~' KbYdJ Document Date: Number Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: o Individual Top otthumb here o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-In-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: c 1999 Nalkms! Nclaly Association' 9350 DII Seta AVI!I., P,O. Box 2402 'Cllal:!wlJrth, CA91313-Z402' www.ndQl'1a1nolary.cr; Prcd. No. 5e1J7 Alol'der.CaJIToII-F"'IIHOtJ-a76-ea27 4-16 .-.- DRAFT List of Exhibits Exhibit A Legal Description of Property Exhibit B DRC 05-13 Notice of Decision Conditions of Approval Exhibit C Association Property Grant Deed 4-17 DRAFT EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Lot 10 of ChuIa Vista Tract No. 96-04, Otay Ranch, Village One Unit I "A" Map No. I, in the City of Chula Vista, County of San Diego, State of California according to map thereof No. 13592 filed in the office of the County Recorder of San Diego County on October 27, 1998. 4-18 DRAFT EXHIBIT B CONDITIONS OF NOTICE OF DECISION DRC-05-13 February 2, 2005 Approval ofDRC-05-13 is conditioned upon the following: PLANNING AND BUILDING 1. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as to any or all of the property. 2. Applicant or its successors shall, comply, remain in compliance and implement, the terms, conditions and provisions, as are applicable to the property which is the subject matter of this Tentative Subdivision Map and as recommended for approval by the Planning Commission on January 12, 2005, and DRC-05-13 as approved by the Zoning Administrator. The Applicant or its successors shall enter into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require compliance with the above regulatory documents. Said Agreement shall also ensure that, after approval of the final map, the Applicant or its successors will continue to comply, remain in compliance, and implement the requirements of this tentative map and design review approval. 3. Applicant shall coordinate with the City of Chula Vista Planning and Housing Divisions and provide an informational meeting with current and prospective tenants presenting alternative rental housing opportunities and assistance in relocation in conjunction with the presentation of the schedule for the phasing of the conversion of the apartments to condominiums prior to Final Map approval. 4. Prior to recordation of the Final Map, the Applicant shall submit evidence that the following City Of Chula Vista noticing forms have been delivered to the existing and prospective tenants: 4-19 DRAFT . 10-day notice to all existing tenants of an application of a Public Report - "Form C" . 10-day Notice to all existing tenants of Final Map approval- "Form D" . Notice to all prospective tenants of option to purchase/termination of tenancy - "Form E" . 90-day Notice to all existing tenants of option to purchase/termination of tenancy- "Form F' . 180-day notice to all existing tenants of intent to convert/termination of tenancy - "Form G" 5. The following it=s shall be submitted for approval by the Director of Planning and Building and/or the City Landscape Planner: . Provide a conceptual landscape renovation plans and irrigation plans for the proposed changes to the existing landscaped areas for review and approval by the Landscape Planner. Upon approval of the conceptual plan, submit detailed landscape planting and irrigation plans. . Retain or upgrade the existing tot-lot and picnic areas. . An updated water management plan if requested by the City Landscape Planner shall be provided in conjunction with the planting and irrigation plan. 6. The project shall meet current fire protection standards and shall maintain all existing fire protection facilities. 7. The Applicant shall include the party wall and floor/ceiling assembly as-built condition exhibits provided with the record building plans, and ensure that the details are certified by the Building Department to meet the Uniform Building Code standards prior to approval of the Final Map. 8. The Applicant shall ensure that the seven trash enclosures hold sufficient space to accommodate all necessary trash dumpsters and recycling bins. The enclosure spaces shall allow for hauler access without the need to move other containers out of the way. Furthermore, all trash container areas shall be paved with an impervious surface, designed to not allow run-on from adjoining areas, screened or walled to prevent off-site transport of trash, and provide attached lids on all trash containers that exclude rain or provide a roof or 4-20 DRAFT awning to minimize direct precipitation. The Applicant shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval. The plan shall demonstrate those steps the applicant will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and meet the State mandate to reduce or divert at least 50 percent of the waste generated by all residential, commercial and industrial developments. The applicant shall submit a copy of the contract with the City's franchise hauler to the Conservation Coordinator for review and approval prior to Final Map approval. 9. The Applicant shall install a minimum of 179 cubic feet of storage area in the single car garage space for each unit with an attached garage and 220 cubic feet of storage area in the single car garage space for each unit with a detached garage. The remaining storage space shall be retained as located in the existing closet spaces adj acent to the patios or balconies in each unit. Storage space containers must be easily accessible and shall consist of cages in the back of the garages and hanging storage shelves on the sides of the garages above head height The applicant shall obtain building inspections for the installation of the overhead and side mounted garage storage units to ensure compliance with overhead and side clearance requirements of the fire and building code prior to the close of escrow for the sale of each unit. Prior to approval of the final map for the Project, Applicant shall enter into a recorded agreement with the City of Chula Vista, wherein Applicant agrees to construct the storage areas required by this tentative map. The Applicant shall also be required to submit a bond or another form of financial assurance, approved by the City Attorney, to guarantee the storage area's construction. After all storage areas have been installed in compliance with state and local laws and the Applicant's construction plans, the bond or financial assurance shall be released. 10. Al1lighting shall meet the protective lighting standards of the Uniform Building Code. 11. The Project's interior upgrades may include replacing kitchen and bathroom hardware, flooring, counters, sinks, faucets, light fixtures, refrigerators, shower heads, etc. in accordance with the statement of proposed interior up grades. Any interior remodeling requiring any alterations to the existing plumbing or electrical systems shall require a building inspection in compliance with building and fire codes prior to the close of escrow for the sale of each unit. 4-21 DRAFT 12. The Homeowners Association shall be responsib Ie for shared urility services, including water and sewer, and the billing and payment of these utility costs. 13. Prior to Final Map approval, the Applicant shall submit an application to the Planning and Building Department for a compliance survey. If the survey identifies any deficiencies, the Applicant shall correct them prior to the close of escrow for the sale of each unit. 14. All utilities serving the subject property and existing utilities located within or adjacent to and serving the subj ect property shall be placed underground in accordance with the Chula Vista Municipal Code. Further, all new utilities serving the subject property shall be placed undergroUIld prior to the issuance of building permits. 15. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. DRAINAGE 16. All onsite drainage facilities shall be private. SEWER 17. The onsite sewer system shall be private. All sewer laterals and onsite mains shall be privately maintained from each building and/or condo unit to the City maintained public sewer main within Santa Lucia Drive. 18. The Applicant shall establish a homeowners association to fund and oversee a contract for the maintenance of the onsite private sewer system. The frequency of maintenance of the sewer system shall be contained in the provisions of the Conditions, Covenants & Restrictions (CC & R's). The City Engineer and Director of Public Works shall approve the provisions of the Conditions, Covenants & Restrictions (CC & R's) regarding the onsite private sewer system. STORM WATER QUALITY MANAGEMENT 19. Obtain approval by the City Engineer and Public Works Director of the Water Quality Technical Report dated October 11,2004, or revisions thereto. 4-22 DRAFT 20. Prior to approval of the fmal map, install to the satisfaction of the Director of Public Works the onsite storm water quality best management practices treatment measures recommended in the approved Water Quality Technical Report STREETS 21. Streets within the development shall be private. ACCESS TO PUBLIC STREET 22. The existing access driveway from Monarch Drive shall be reconstructed with a hard surface pavement to the satisfaction of the Fire Marshal and shall have a structural section.designed to withstand H-20 loading. The applicant shall submit the design of the access paving and structural section to the City Engineer for approval. 23. The project Conditions, Covenants & Restrictions (CC & R's) shall contain a provision that prohibits any control and/or barrier placed across the driveway to Monarche Drive unless a vote of 100 percent of the condominium owners unanimously approves said control and/or barrier. Furthermore, if the condominium owners elect to install such a control or barrier then it shall incorporate a mechanical gate with a "Knox" override key switch and a "Opticom" strobe system, or other automated operating system and/or fail safe feature, all to the satisfaction of the Fire Marshal and Police Chief. Any barrier or control installed across the driveway without expressed written approval of both the Fire Marshal and Police Chief shall be subj ect to immediate removal by City forces. CONDITIONS, COVENANTS, AND RESTRICTIONS (CC&R'S) 24. Submit Conditions, Covenants, and Restrictions (CC&R' s) as approved by the City Attorney to the City Engineer and Director of Planning and Building for approval prior to approval of the final map. Said Conditions, Covenants, and Restrictions (CC & R's) shall include the following: . The creation of a Homeowner's Association ("HOA"), which shall, among other things, be responsible for maintaining all common facilities within the Project 4-23 DRAFT including, but not limited to: walls, fences, water fountains, lightning structures, paths, trails, access roads, drainage structures, water treatment facilities, landscaping, trees, streets, parking lots, driveways, and private sewage and storm drain systems. . Language stating that the landscaping shall be maintained by the HOA in a healthy and thriving condition at all times. . Language that indemnifies and holds harmless the City from any claims, demands, causes of action liability or loss, including claims arising from the maintenance activities of the HOA. . The City's right to enforce CC&R's. . An insurance provision requiring the HOA to maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars ($2,000,000.00) combined single limit. The policy shall be acceptable to the City and name the City as additional insured. . The City must approve any revisions to provisions of the CC&R's that may particularly affect the City. Furthermore, the HOA shall not seek approval from the City of said revisions without the prior consent of 100 percent of the holders of first mortgages and property owners - unless, the Director of Planning and Building waives this requirement. . The HOA shall not seek to be released by the City of any maintenance obligations without the prior consent of the City and 100 percent of the holders of first mortgages and property owners - unless, the Director of Planning and Building waives this requirement. . Implement education and enforcement program to prevent the discharge of pollutants from all on-site sources into the storm water conveyance system. . The HOA shall maintain, in perpetuity, membership in an advance notice service/system such as the USA Dig Alert Service and shall cause any private facilities of the property owners or HOA to be marked out whenever work is performed in the area. Said Conditions, Covenants & Restrictions (CC & R's) shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall be recorded concurrently with the [mal map. 25. Submit a homeowner's association (BOA) budget for review and approval by the City ~--24 DRAFT Engineer for the maintenance of private streets, sto= drains, treatment measures and sewage systems. Said budget shall include the following maintenance activities: . Streets must be sealed every 7 years and overlaid every 20 years. . Sewers must be cleaned once a year with a contingency for emergencies. . Red curbs / striping must be painted once every three years. . Sto= Water quality facilities inspected prior to and after every rain event and cleaned as necessary (twice a year minimum); media inserts replaced as recommended by the manufacturer; with a contingency for emergencies. The budget shall also include a monitoring program including sampling and preparation of an annual report, when required by the City. EASEMENTS 26. All existing easenients and irrevocable offers of dedication shall be shown on the final map. A title report dated within 60 days of submittal of the final map shall be submitted together with backing documents for all existing public utility easements and offers of dedication. Developer shall submit evidence of noticing to all existing public utility easement holders within the project boundaries as required by the Section 66436 of the Subdivision Map Act. AGREEMENTS 27. Prior to approval of the final map the Applicant shall enter into an agreement wherein the Applicant agrees to: . Defend, indemnifY and hold harmless the City and its agents, officers, and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees wit regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. . Hold the City harmless from any liability for erosion, siltation or increased flow of drainage resulting from this project and spillage of sewage generated by the proj ect onto 4-25 DRAFT adjacent public or private streets or into off site storm water conveyance systems. . Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each unit within the project. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. . Maintain storm water quality treatment measures in accordance with an approved maintenance and inspection plan. . Implement and sustain in perpetuity, a source control storm water quality management program as outlined in the Water Quality Technical Report. MISCELLANEOUS 28. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83). 29. Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 3 Yz HD floppy disk prior to the approval of the Final Map. 30. Submit a conformed copy of a recorded tax certificate covering the property prior to approval of the Final Map. 31. Provide evidence to the satisfaction of the City Engineer of compliance with all tenant- noticing requirements per Section 66427.1 of the Subdivision Map Act prior to approval of the final map. l:\Engineer\LANDDEV\Projects\Otay Ranch Village 6\OR 928F R8\SSIA for R.8.doc 4-26 COUNCIL AGENDA STATEMENT Item ~ Meeting Date OS/24/05 ITEM TITLE: Resolution approving the Final "B" Map ofChula Vista Tract No. 05-02, Otay Ranch Freeway Commercial Sectional Planning Area; accepting on behalf of the City ofChula Vista, the easement for street purposes, the 15' wide sewer easement, and the sidewalk and public access easement, all as granted on said Map within said Subdivision; acknowledging the irrevocable offer of dedication; and approving the Subdivision Improvement Agreement for the completion of improvements required by said Subdivision and authorizing the Mayor to execute said agreement. Resolution Approving the "B'~ Map Supplemental Subdivision Improvement Agreement for the Otay Ranch Freeway Commercial Sectional Planning Area Plan, requiring Developer to comply with certain unfulfilled conditions of Resolution No. 2004-418 and authorizing the Mayor to execute said agreement. SUBMITTED BY: City Engineer sir: -- REVIEWED BY: City Manager P (4/5ths Vote: Yes_NolQ On December 14, 2004, by Resolution No. 2004-418, the City Council approved a Tentative Subdivision Map for 86.9 acres of the Otay Ranch Freeway Commercial Sectional Planning Area Plan- Chula Vista Tract 05-02. The Council will consider the approval of the Final "B" Map within the Freeway Commercial Sectional Planning Area and associated development agreements. RECOMMENDATION: That Council adopt both resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The project is generally located west of Eastlake Parkway, SDUth of Olympic Parkway, and north of Birch Road, within the Otay Ranch Freeway Commercial SPA. The "B" map consists of 6 numbered and I lettered lot for a total area of91.3 acres (see Attachment 1). The final map has been reviewed by the Engineering Department and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all easements for sewer, sidewalk and public access, and street purposes, and acknowledgment of offers of dedication within the Subdivision as shown on the map. The developer has executed a "B" Map Supplemental Subdivision Improvement Agreement, which addresses several on-going conditions of the tentative map that remain in effect until completed. 5-1 r Page 2, Item ,:;) Meeting Date OS/24/05 The Developer has bonded for and agrees to complete all street improvements required for the approval of this "B" Map within two years following map approval, or sooner if construction pennits for the required improvements have been issued. This map has a preserve conveyance obligation, which is met through a conveyance of open space land as acknowledged in the Conveyance Agreement, adopted by Resolution No. 18416 by the City Council on October 22, 1996. FISCAL IMPACT: None to the City. Developer has paid all costs associated with the proposed "B" Map and agreements. Attachment: Attachment I: Plat - Chula Vista Tract 05-02,Otay Ranch Freeway Commercial. Attachment 2: Developer's Disclosure Statement Exhibit A: Subdivision Improvement Agreement. Exhibit B: Supplemental Subdivision Improvement Agreement. RT File No. 0600.,'!O- OR254F J :\Engineer\AGENDA\CAS2005\5-24-05\Freeway CommerciaLAl13.doc 5-7 A TT ACHi\1ENT 1 OTAY RANCH TOWN CENTER PLANNING AREA 12 CITY OF CHULA VISTA. CALIFORNIA CHULA VISTA TRACT NO. 05-02 EASTLA.KE 4 "'" .... ~ DTAY ERRAoE l-s:.ILO 1"="'IJI' ~ - - Q .RANCJ..J CO. ..c:. F" r- r --- 17 I ID (Q \CI. IJ.1 I .CJ I <t; ...J -1 J 5 OTA Y RANCH TOWN CENTER PLANNING AREA 12 ...-i ....... .......... J:\Engineer\LA.~DDEV\Projects\OtayRanch VilJage 12\Gem:ral Growth\Attachment l-Fwy Comm Plat. doc 5-3 - - ....."........ ...- -~-.....--, --- ----- -- "".......,,~- Uy, ......, ....... ATTACHMENT L City of Chula VISta nisdosUl'e Statement Pursuant to Council Poljcy 101-01, priono any action upon matters that will require discretionary action by the Coun",!!, P1annJng C=ission and all other oflicial bodies of the City, a statemect of disclosw:e of cerWn ownership orfinandaJ il;ttcrests, p~, or campaign c;ontn"butlons fora City ofChuJa VJSta election must be DJeQ.. The following Ulformation must be disclos=d; I- US! the names of all persons having a firlanciaJ interest in the property that is the subj oa of the application or the contract, e.g., owner, appliCant, contractor, mbcon1nctcr, material supplier. Sea atta:h3:l ~ c:h3ct 2. If any person. identified pursu.ant to (1) above is a cmpotation or partnernhip, list the rwnes of all individuals with .. $2000 investment in the business (c;oqJorationlpartaersbip) entity. 'Ih= Sltities :in #.1 ~ are ulti".,..,ply ~ or =rtml1e:i bt <Ba:al Gr:t:wt:h n.~Ues, In:.. a NYSE UstB:!, Fihl;,"~lly held ~ 3. Ifany person.' identified pumlant to (1) above is anon-profitorgaIllzation or trust, IistthenBInCS of any pernon serving as director of the' non-pm fit organi2ation or as trustee or ben;ficiary or trustor of the !rust. tVA 4. Please identify eveIY person,. including any agents, employees, consultants, or independent contractors you MVe assigned to ICpIt::sent you before the CitY in this matter. K'ri~ T~ ~,l Aruis:tn Paul !<arE ROO 11n:J.:c"",u Field PaJli ~ M:!1Jare ~ Frei Ja;:k M3i:Er S. Has any person 0 associated with this contract bad any financial dealings with an o!Ec:ia1"* cithe City of Chula Vista as it relates to this contract within the past 12 months. Yes~No~ 5-4 - -. . - - -- -~ -" -- - -. -- City of Chqla VJsta Disclosure Statexnent If Yes, briefly desc:n"be the nature of the fiI1ancia.! interest the official.... ma:y have in this C011traci. 6. Have ytnl made a <;:CJII!n1mtion of more than $250 within the pasttwe!ve (12) mc:ntbs to a CUttCIltmembc:r of me Chula VISta City Council? No ~ Yos _ Ifyc:s, which Council member? 7. Have you proir.idc:d more than S34Q (or an item ofequivalcnt value) to an official-" of the City ofChuIa Vista in the pa$t twelve (12) II!onths? (This includes being a source of inCOlnc:, money to retire a legal debt, gift" loan, etJ::.) Yes _ NO-2L If Yes, which official'" and what was the nature of item provided? ~PA!'m, LP., A . ta::! h=- t. =-dJip <;; h{ D~ - Da.te: Micl:ail C. &ei. ~.."'~ Cl.",,"'$~ ....1.i1\\o,..,'J.,a , ~- Print ar type name of Contractor! Applicant \0.,) l - Person is ddined as: any individual, finD, cl>-partnership,joinJ:venture, association, social club, fraternal organization, cOIporation, es~te, trwt, receiver, S}'Ddic:ate; any other county, city, munic:ipality, distric~ or otba political subdivision, -or any other group or combination acting as a. unit. -.. Officiai includes, but 15 ",ot limited to; Mayor, Council meII!ber. Planning Commissiooc:r, MC1!J.ber of a board, coIIm:1ission, or committee of ilie City, emp!oy,oe, or staff memhCfS. 1=~~'diaPlc:;UI't=Jta~t3..o..oJ 5-5 -== --.... -... -.... --- -------. --- ----.. -... "........."........ - -. - -. -- \ 1.2127104 OTAY RANCH DEVELOPMENT PROJECT OWNERSHIP STRUCTURE Bucksbaum Famn)' General Growth Inter&,;1i !:Ind O!hSf'$ Properties, Inc., a Delawqre corporation GGP limited Partnership, . a Delaware Umited partnership New York State Common Retirement Fund SOIlo 50% GGP/Homart II L.L.C., a Delaware limIted liability company 100% GGP.Ofay Ranch L.L.C., a Delaware limited liability ccmpeny -S% 99.5% GGP-Otay Ranch, L.P., a Delaware limited partn ership (Otay Ranch Development Project, Chula Vista, CA) NGEDDC$411127$4."' 5-6 DRAFT RESOLUTION NO. 2005-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "B" MAP OF CHULA VISTA TRACT NO. 05-02, OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE EASEMENT FOR STREET PURPOSES, THE 15' WIDE SEWER EASEMENT, AND THE SIDEWALK AND PUBLIC ACCESS EASEMENT GRANTED ON SAID lVlAP WITHIN SAID SUBDIVISION; ACKNOWLEDGING THE IRREVOCABLE OFFER OF DEDICATION; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDMSION; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the project is generally located west of Eastlake Parkway, south of Olympic Parkway, north of Birch Road within the Otay Ranch Freeway Commercial SPA; and WHEREAS, the developer has executed a Subdivision Improv=ent Agre=ent to satisfy remaining conditions of City Council Resolution No. 2004-418. WHEREAS, the fInal map has been reviewed by the Engineering Department and found to be in substantial conformance with the approved Tentative Map. Approval ofthe map constitutes acceptance by the City of all easements for street purposes, the 15' wide sewer easement, and the sidewalk and public access easement, and acknowledgment of offers of dedication within the Subdivision as shown on the map; and WHEREAS, the Developer has bonded for and agrees to complete all street improvements required for the approval of this "B" Map within two years following map approval, or sooner if construction permits for the required improvements have been issued; and WHEREAS, this map has a preserve conveyance obligation, which is met through a conveyance of open space land as acknowledged in the Conveyance Agreement, adopted by Resolution No. 18416 by the City Council on October 22, 1996. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that the certain map survey entitled Chula Vista Tract 05-02 Otay Ranch Town Center, Planning Area 12, is made in the manner and fOTIn prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. The map is more particulary described as follows: A portion of Parcel 2 of Parcel Map No. 18481 and Lot "F" ofChula Vista Tract No. 01-11, Otay Ranch Village II "A" Map No. I, according to map thereof No. 14559, all filed in the office of the County Recorder of San Diego County, together with a portion of Birch Road and Eastlake Parkway as dedicated to public use Gross Area: 91.349 Acres No. of Lots: 7 Numbered Lots: 6 5-7 .W.~'''~ i'M". . " UK"",t I Resolution 2005- - Page 2 of3 BE IT RESOLVED, the City Council of the CityofChula Vista does hereby approve the Subdivision Improvement Agreement for Chula Vista Tract No. Tract No. 05-02, Otay Ranch Freeway Commercial Sectional Planning Area Plan, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by p /2JL Sohaib Al-Agha City Engineer 5-8 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 h/~ Ann Moore City Attorney Dated: ~I /;' /0S- Approving the Subdivision Improvement Agreement between - The City of Chula Vista and General Growth Properties for Final "B" Map of Chula Vista Tract #05-02 for Completion of Improvements ""- 5-9 DRAFT Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourtb Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency ofless than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this _ day of , 2005, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and GENERAL GROWTH PROPERTIES, located at 35 Century Park, Salt Lake City, UT 84115, hereinafter called "Subdivider" with reference to the facts set fortb below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista ("City Council") for approval and recordation, a final subdivision map of a proposed subdivision, to be known as OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (CVT 05-02) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code (the "Code") relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is froally approved by the City Council, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code as reflected in the conditions of approval of the subdivisio map to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance. of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free ofliens at Subdivider's own expense, all such public improvements and/or land development work required in said subdivision within a deficite period of time prescribed by said Council; and -1- 5-10 DRAFT WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all such public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2004-418, approved on the 14th day of December, 2004 ("Tentative Map Resolution"); and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City as follows: . Otay Ranch Town Center Eastlake Parkway Improvements: NINETY-FIVE THOUSAND TWO HUNDRED THIRTY-THREE DOLLARS AND NO CENTS ($95,233.00); and . Otay Ranch Town Center Public Sewer Improvements: FIVE HUNDRED THIRTY THOUSAND FIVE HUNDRED SEVENTY DOLLARS AND NO CENTS ($530,570,00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map and Final Map Resolutions; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done by the conditions of approval of the subdivision map in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals which are incorporated herein and made a part hereof, 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if p=anent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. -2- 5-11 DRAFT 4. It is understood and agreed that Subdivider will perform the Improvement Work as set forth hereinabove, or that portion of the Improvement Work serving any buildings or structures ready for occupancy in the subdivision, prior to the issuance of any certificate of clearance for utility connections for the buildings or structures in the subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of the public improvements or the portion thereof serving the building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of the Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to the work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City as follows: . Otay Ranch Town Center Eastlake Parkway Improvements: FORTY-SEVEN THOUSAND SIX HUNDRED SIXTEEN DOLLARS AND FIFTY CENTS ($47,616.50); and . Otay Ranch Town Center Public Sewer Improvements: TWO HUNDRED SIXTY-FIVE THOUSAND TWO HUNDRED EIGHTY-FIVE DOLLARS AND NO CENTS ($265,285.00), . which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City as follows: . Otay Ranch Town Center Eastlake Parkway Improvements: FORTY-SEVEN SIX HUNDRED SIXTEEN DOLLARS AND FIFTY CENTS ($47,616.50); and . Otay Ranch Town Center Public Sewer Improvements: TWO HUNDRED SIXTY-FIVE THOUSAND TWO HUNDRED EIGHTY-FIVE DOLLARS AND NO CENTS ($265,285.00), to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of 'Chula Vista, -3- 5-12 DRAFT simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWENTY- FIVE THOUSAND DOLLARS AND NO CENTS ($25,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the cornpletion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead) and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. . It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set fortb hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts -4- 5-13 DRAFT or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect, defend and hold the City, its officers and employees, harmless from any and all claims, demands; causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragrsph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning this subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set fortb herein may be assigned to Subdivider'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 instead of the original securities described herein so long as such substituted securities meet the criteria for security as set fortb elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -5- 5-14 DRAFT SIGNATURE PAGE ONE OF TWO SUBDMSION IMPROVEMENT AGREEMENT OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (CVT 05-02) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set fortb. THE CITY OF CHULA VISTA Stephen C. Padilla Mayor ATTEST: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney -6- 5-15 DRAFT [pAGE TWO OF TWO SIGNATURE PAGES TO THE SUBDMSION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF THE OTA Y RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN-CHUlA VISTA TRACT NO. 05-02] DEVELOPER/OWNER: GGP-OTAY RANCH, L.P., a Delaware limited partnership By: GGP-OTAY RANCH L.L.C" a Delaware limited liability company, its general partner By: GGP/Homart II L.L.C., a Delaware limit d liability company, its sole member ~~\ - By: An Authorized Q1Ii~<" (Attach Notary Acknowledgement) -7- 5-1f) DRAFT STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) On this 13th day of May, in the year 2005, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Michael C. Frei, personally known to me to be the person who executed the within instrument as Authorized Agent on behalf of GGP/Homart II L.L.C., the entity herein named, and acknowledged to me that the corporation executed it. cYfoM~J4 Q.&d L:enetta A. Priet - Notary Public Residing in Salt Lake City, Utah My commission expires September, 2007 5-17 DRAFT OR- 500 E'{ -'500 File No,: OR-2 54 I BOND FOR FAITHFUL PERFORMANCE Bond No.:1045072ll (To Be Used With Subdivision Improvement Agreement) Prernium:$3.528.29 WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California, and GGP-OTAY Ranch L.P.. a Delaware limited partnership(hereinafter "Principal'') have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated , 20_, and identified as proj ect OT A Y Ranch Public Sewer Improvements, is hereby referred to and made a part hereof; and, WHEREAS, said Principal is required under the t=s of said Agreement to furnish a bond for faithful performance of said Agreement. NOW THEREFORE, we, the Principal and Travelers Casualty and Surety ComjJanv of America, a corporation of the State of Connecticut, (hereinafter "Surety"), are held and fi=ly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damages by breach of the conditions hereof, in the penal sum ofrwo H\JNDI<O'O Sl"/.n"',~!,' T\\oU5~)JO 1'W::>~\JNtl<ED ""c;,\\N-.HJ... dollars, ($265.285), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attomey's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. In addition to the acts bonded for pursuant to the Agre=ent incorporated above, the following acts and performances are additionally subject to the terms of this bond: 5-18 - DRAFT IN WITNESS WHEREOF, this instrument has been du1y executed by the Principal and Surety above named, on Mav 3rd. 2005, GGP-OTA Y Ranch L.P., a Delaware limited partoersbip By: GGP-OTA Y RANCH L.L.C., a Delaware limited liability company, its general partoer By: GGP HOMART II L.L.C" a Delaware limited Liability Company, its sole member Travelers Casualty and Surety Company of America tJame efP...:.u.",,:,pd. ;..'~.t'.t'Iism~t) Name of Surety Company ~ By By ~J Zn-- Mark LevInSon Attorney-in-Fact , Address of Surety Company .OFF Al SEAL' One Tower Square 104507211 Ooro C. Maleski Hartford. CT 06183-9062 Notary Public, State of Illinois BondIPolicy No. My Commission Expires 07/10/05 City StateZip Code ABOVE-SIGNATORIES MUST BE NOTARIZED -Am( ~LE HelmY PublIC. Slate '" OhIO 1 APPROVED AS TO FORM: My CQrnmlssion Ex;>~ .I\"'IJ. 2S, 200 City Attorney H:\HOME\ENGINEERILANDDEWorms-Official\BondslBond Faith Perf with SIA.doc 5-19 DRAFT oR - S"DO j;y- ,SDO BOND FOR MATERIAL AND LABOR FileNo,: OR.-zs'-!x. Bond No,:1045072ll 1 (To Be Used With Subdivision Improvement Agreement) I Prernium.:$3,528.29 WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California, and GGP-OT A Y Ranch L.P " a Delaware limited 1'artnership(hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated , 20--, and identified as project OT A Y Ranch Public Sewer Improvaments, is hereby referred to and made a part hereof; and, WHEREAS, under the terms of said Agreement, Principal is required, before entering upon the performance of the work, to fIle a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (co=encing with Section 3082), Part 4, Division 3, of the Civil Code of the State of California. NOW THEREFORE, said Principal and Travelers Casualty and Surety Companv of America, a corporation of the State of Connecticut (hereinafter "Surety"), are held and firmly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and all contractors, subcontractors, laborers, material,men and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum. of T'ro I\U"OREC ""4 "'\\;'T\\oe>;~"CT'Wo\\u"'DR..~G.\"'~T""\I E ~ollars, ($265,285), lawfulmoneyofthe United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to fIle claims under Title 15 (co=encing with Section 3082), Part 4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension oftime, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Mav 3rd, 2005. 5-20 DRAFT --- ~.~~~ ~.=- ~ ""."",,, .....-- GGP-OTA Y Ranch L.P., a Delaware limited partnership By: GGP.OTA Y RANCH L.L.C., a Delaware limited liability company, its general partner By: GGP HOMART II L.L.C., a Delaware limited Liability Company, its sole member Travelers Casualty and Surety Company of America N'WJ.lc ufr';""";jJ& (Al-'l-'fi"...ul) Name of Surety Company ~ By By~J ' Ronald L. Gem Mark Levinson Attorney-in-Fact By uthorized Officer Address of Surety Company FFICIAl SEAl:' One Tower Square 104507211 Dorothy C. Maleski Hartford. CT 06183-9062 BondJPolicy No. Notary Public, State of Illinois City State Zip Code My Commission Expires 07/10/05 ABOVE-SIGNATORIES MUST BE NOTARIZED -=. , ~~ APPROVED AS TO FORi.Y1: AMY GANGLE :.- Notary PubUc, Slale oj OhIo City Attorney My Commission ExpI"", Au\t 25, 2Q07 H:\HOMEIENGINEERILANDDEV\FOR..\1S-0FFICIALIBONDSIBOND MATERIAL & LABOR WITH SIADOC 5-71 TRAVELERS CASUALTY AND SURETY COll-IPANY OF A.MElUCA TRAVELERS CASUALTY AND SURETY COMPAi.TI FARMINGTON CASUALTY COlVIP.<\J.'fY DRAFT Hartford, CO.llD.ecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE" OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF At"fERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Compames") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Alyson A. Larson, Amy L. GangIe, Mark G. Levinson, Michael B, Schleich, Therese L. Scamardo, Todd A. Stein, of Akron, Ohio, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and .acknowledge, at any place within the United States, the following instrument(s): by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Compames, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Compames, and all the acts of said Attomey(s)- in-Fact, pursuant to the" authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Compames, which Resolutions are now in full force and effect: VOTED: That the Chall1:nan, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the COIporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obJigatDry in the nature of a bond, recognizance, or conditional undertaking, and any of said afficera or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chall1:nan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregamg authority to one or more officers or employees of this Company, provided that each such delegation is 'liting and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, re<ognizance, or conditional undertaking shal1 be valid and binding upon the Company when (a) signed by the President, any Vice Chall1:nan, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the COIporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attomeys-in-F act and Agents pursuant to the power prescribed in bis or her certificate or their certificates of authority or by one or more Company officers pursuant to a 'Mitten delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the' signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Att.orneys~iD.-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing snch facsimile signature or facsimile seal shall be valid and binding upon the Company and any such p1Jwer so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with reSpect to any bond or undertaking to which it is attached. (11-00 Standard) 5-22 DRAFT IN WI'TNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their SenIor Vice President and their corporate seals to be hereto affixed this 29th day of December 2000. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA }SS. Hartford TRAVELERS CASUALTY AND SURETY CO~.lPANY FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD 't1P~ /~C7-->~6 - ~~"i. By f\!!AA'1!'OAC,\ ~ ~ CONN. I" George W. Thompson ~,,-;.";;.~l . Senior Vice President On this 29th day of December, 2000 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COlV.lPANY, the corporations descnoed in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of hisfher office under the Standing Resolutions thereof. ~~.:~ 'ff\. ~ c. ~ *~~* C1 ~~:.$; My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIF1CATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARi\1INGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set fortb in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 3rd day of -. May ,2005, ," ,,,)If1SUlft~ ~'fl1-~ y",\, Of ~\ f5'j !!AA'1!'OOC,I~' By -~CCNI/',1 Kori M, Johanson ..... ......~t' Assistant Secretary, Bond ~ '7 ~,~ 5-73 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA DRAFT HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT MS OF JUNE 30, 2004 CAPITAL STOCK $ 6,000,000 MSSETS LIA.8ILIT!ES l. S.URPLUS :ASH & INVESTED CMSH $ 51,672,364 UNEARNED PREMIUMS $ 495,854,177 30NDS 1,900,711,942 LOSSES 466,611,406 JTOCK 21,472,221 LOSS ADJUSTMENT EXPENSES 1Q7,672,652 :rrHER INVESTED MSSETS COMMISSIONS 9,SS8,7SO NVESTMENT INCOME DUE AND ACCRUED 20,6a8,5SO TAXES, LICENSES AND FEES 7,779,413 'REMIUM BALANCES 148,202,446 OTHER EXPENSES 10,293,898 ,EINSURANCE RECOVERA8LE 52,235,274 CURRENT FEDERAL AND FOREIGN INCOME TAXES 17,056,324 :URRENT FEDERAL INCOME TAX RECOVERA8LE . PAYA8LE FOR SECURrTlES 58,488,683 .ET DEFERRED TAX ASSET 34,303,735 PAYA8LE TO PARENT, SUBSIDIARIES & AFFILIATES 675,951 ,ECEIVA8LE FOR SECURITIES 1,356,735 OTHER ACCRUED EXPENSES AND LIABILmES 63.261 ,427 ,ECEIVA8LE FROM PARENT, SU8SIDIARIES & AFFILIATES .. TOTAL LIA81LrTlES $1 ,267,752,921 JTHER ASSETS (48,890,940) CAPITAL STOCK $ - 6,000,000 PAJD IN SURPLUS 303,297,402 OTHER SURPLUS 604.702,144 TOTAL SURPLUS TO POLICYHOLDERS $ 913.999,546 rOT AL $ 2, 1 81,752,467 TOTAL $2,181,752,467 ST) , CONNECTICUT ) COUNTY OF HARTFORD )SS. CITY OF HARTFORD LAWRENCE A. SIUTA, 8EING DULY SWORN, SAYS THAT HE IS VICE PRESIDENT, 80ND, OF THE TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, AND THAT TO THE 8ESTOF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDI1l0N OF SAID COMPANY AB OF THE 3OT!1 DAY OF JUNE, 2004. i~A k- VIC RESIDENT, 80ND ~~ c.. "~:t:G':&11 d t- SUBSCRI8ED AND SWORN TO 8EFORE ME THIS 23RD DAY OF AUGUST, 2004 5-24 ~~/~~"~~~ ~~.~r ......"" ...,... ..~-- - .. ..~ DRAFT Travelers - ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the . Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act wiII have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000,00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted), Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded. in your overall premium, and is no more than one percent of your premium. _ILT-I01& (2103) 5-25 DRAFT OR -5<:)0 E'i -'5<:)0 FileNo.: OR-2.54r BOND FOR FAITHFUL PERFORMANCE Bond No.:l045072l2 (To Be Used With Subdivision Improvement Agreement) Premium:$633.29 \VHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California, and GGP-OT A Y Ranch L.P,. a Delaware limited partnership(hereinafter "Principal'') have entered into a Subdivision Improvement Agreement (hereinafter referred to as "Agreement") whereby Principal agrees to in,stall w:d complete certain designated public improvements, which said Agreement, dated / ,", ..) , 200S , and identified as project Eastlake Parkway Improvements, is hereby referred to and made a part hereof; and, \VHEREAS, said Principal is required under the te=s of said Agreement to furnish a bond for faithful perfo=ance of said Agreement. NOW THEREFORE, we, the Principal and Travelers Casualty and Surety Company of America. a corporation of the State of Connecticut, (hereinafter "Surety"), are held and fi=ly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego,. State of California, and to and for the benefit of any and all persons who may suffer damages by breach of the conditions hereof, in the penal sum of f'oI'.T4-SG'iE,u TtlOUs'A.fW 5rx hl)~DI!,:;:DSJjrEEj\JAND dollars, ($47.616,50), lawful money of the United States, for the payment of which sum well and truly.f,+l~TS to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and c' severally, fi=ly by these presents. The condition of this obligation is such that if the above-bound Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perfo= the covenants, conditions, and provisions in the said Agreement and any alteration thereof made as therein provided, on his or their part, to be kept and perfo=ed at the time and in the manner therein specified, and in all respects according to their true intent and mean:ing, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered, The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the t=s of the Agreement or to the work to be perfo=ed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the t=s of the Agreement or to the work or to the specifications. In addition to the acts bonded for pursuant to the Agreement incorporated above, the following acts and perfo=ances are additionally subject to the te=s of this bond: 5-26 DRAFT IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on May 3rd. 2005. GGP-OT A Y Ranch L.P., a Delaware limited partnership By: GGP-OTA Y RANCH L.L.C., a Delaware limited liability company, its general partner By: GGP HOMART II L.L.C., a Delaware limited Liability Company, its sole member Trayelers Casualty and Surety Company of America N=e e;fPrineipal (f.ppfi-etl:ffi) :~~mj~ By ~ Mark Levinson Attomey-in- Fact By. Address of Surety Company One Tower Square 104507212 Hartford. CT 06183-9062 Bond/Policy No. City StateZip Code ABOVE,SIGNATORIES MUST BE NOTARIZED ~:~-~~~s~~ - --1 ~~ -- Dorotily C. Malesld Nciaty Public, State of Ohio APPROVED AS TO FORM: Notary Public, State of illinoIs My Commission ExpIres Aug. 25, 2007 My Commission Expires 07/10/05 City Attorney H:\HOMEIENGINEER\LANDDEV\Forms-Official\Bonds\Bond Faith Perf with SIA.doc 5-27 DRAFT OR- SOD tY-500 BOND FORMATERIAL AND LABOR File No,: DR - es'/.J: Bond No.:104507212 l(To Be Used With Subdivision Improvement Agreement) -I Prernium:$633,29 WHEREAS, the City Council of the City of Chula Vista, County of San Diego, State of California, and GGP-OT A Y Ranch L.P.. a Delaware limited partnership(hereinafter "Principal") have entered into a Subdivision Improvement Agreement (hereinafter referred to as "agreement") whereby Principal agrees to install and complete certain designated public improvements, which said Agreement, dated- , 20-, and identified as project Eastlake Parkwav Improvements, is hereby referred to and made a part hereof; and, WHEREAS, under the terms of said Agreement, Principal is required, before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (co=encing with Section 3082), Part 4, Division 3, of the Civil Code of the State of California. NOW THEREFORE, said Principal and Travelers Casualty and Surety Companv of America, a corporation of the State of Connecticut (hereinafter "Surety"), are held and firmly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City") in the County of San Diego, State of California, and all contractors, subcontractors, laborers, material, men and other persons employed in the performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of -F~T4-SE;"E,AJ TH"""A"D S'w "lI"'DRED~I"T,-E,u"",\ ;.\\'T'1CE.J5 dollars, ($47,616.50), lawful money of the United States, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (co=encing with Section 3082), Part 4, Division 3, of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond, Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise, it shall be and remain in full force and effect. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension oftime, alteration or addition to the terms of the Agreement or to the work or to the .specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Mav 3rd. 2005, 5-78 ---- DRAFT ---...,,,"',"'. - - -_.. GGP-OT A Y Ranch L.P., a Delaware limited partnership By: GGP-OTAY RANCH L.L.C., a Delaware limited liability company, its general partner By: GGP HOMART II L.L.C., a Delaware limited Liability Company, its sole member Travelers Casualty and Surety Company of America Name of Principal (Applicant) :~e~mj ~ By Mark Levinson Attorney-in-Fact B &~.~. Address of Surety Company One Tower Square 104507212 artford CT 06183-9062 BondIPolicyNo, 'OFFICIAL SEAL:' ity State Zip Code Dorothy C. Maleskt Notary Public, State of Illinois My Commission Expires 07/10/05 - ! ATORIES MUST BE NOTARIZED ""'" - - - ~~ .......""" APPROVED AS TO FORM: ,,' AMY GANGLE Notary pubUc, Slate 01 Ohio City Attorney My Commie.ion E><ptres Aug. 25, 2007 H:\HOMEIENGINEERILANDDEV\FORMS-OFFICIALIBONDSIBOND MATERIAL & LABOR wrrn SIADOC 5-29 TRAVELERS CASUALTY Ai'<1) SURETY COlVIPAJ.TI OF AM~.RlCA TRAVELERS CASUALTY A.IID SURETY COMPANY FARMINGTON CASUALTY COMPANY DRAFT Hartford, Connectic.ut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTROBITY OF ATTORNEY(S)-JN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Alyson A. Larson, Amy L. GangIe, Mark G. Levinson, Michael B, Schleich, Therese L. Scamardo, Todd A. Stein, of Akron, Ohio, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and .acknowledge, at any place within the United States, the following instrument(s): by hlslher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duIy authorized officers of the Companies, and all the acts of said Attorney(s)- in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman. the President, any Vice Chairman, any Exeoutive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on beha1f of the company and may give such appointee such authority as his or her certificate of anthority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or canditiona11IDderta1cing, and any of said officers or the Board ofDi:rectors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chainnan, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President T:IJ:i!.y delegate all or any part of the foregoing authority to one or more officers or employees of this 'Company, provided that each such delegation is riting and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatcry in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding npon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice Preaident, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (0) dilly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certi.ficates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) UDder and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the' signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Msistant Vice President, any Secretary, any Assistant Secretary, and the sea! of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the natnre thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile sea! shall be valid and binding npon the Company and any such power so executed and certified by such facsimile signature and facsimile sea! shall be valid and binding upon the Company in the futnre with respect to any bond or undertaking to which it is attached. (11-00 Standard) 5-30 ..--- DRAFT IN WITNESS WHEREOJl, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and JlARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 29th day of December 2000. STATE OF CONNECTICUT TBAVELERS CASUALTY AND SURETY COMPANY OF AMERICA } SS. Hartford TBAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY COUNTY OF HAR1FORD .~~ /~C7-~~?/C - " ~ By CJi liAFlTFORQ.\::.. fo~'/V George W. Thompson ~ ._~ Senior Vice President .. ~, On this 29th day of December, 2000 before me personally carne GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of bis/her office under the Standing Resolutions thereof. ~~.;~ 'rr\~ c. ~ *~~* C1 ~ My commission expires June 30, 2001 Notary Public . i!'ItE~ Marie C. Tetreault CERTffiCATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY ANn SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set fortb in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 3ro day of May ,2'bS' ..~~ .~-M-~ I!~ By ~CDNW'li1 Kori M. Johanson ~ /~~ Assistant Secretary, Bond -;-(,I,'i .., 5-31 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA DRAFT HARTFORD, CONNECTICUT 06183 FINANCIAL STATEMENT AS OF JUNE :30, 2004 CAPITAL STOCK $ 6,000,000 ASSETS L1AB1LJT1ES & SURPLUS :ASH & INVESTED CASH $ 51,672,364 UNEARNED PREMIUMS $ 495,854,177 ONDS 1,900,711,942 LOSSES 496,611,406 TOCK 21,472,221 LOSS ADJUSTMENT EXPENSES 107,672,652 ITHER INVESTED ASSETS - COMMISSIONS 9,858,790 <VESTMENT INCOME DUE AND ACCRUED 20,68a,580 TAXES, LICENSES AND FEES 7,779,413 'REMIUM 8ALANCES 148,202,446 OTHER EXPENSES 10,293,898 :EINSURANCE RECOVERABLE 52,235,274 . CURRENT FEDERAL AND FOREIGN INCOME TAXES 17,056,324 :URRENT FEDERAL INCOME TAX RECOVERABLE - PAYABLE FOR SECURrTlES 58,488,883 lET DEFERRED TAX ASSET 34,300,735 PAYABLE TO PARENT, SUBSIDIARIES & AFFILIATES 875,951 IECEIVABLE FOR SECURITIES 1 ,356,735 OTHER ACCRUED EXPENSES AND LIABILITIES 83.261.427 IECEIVABLE FROM PARENT, SUBSIDIARIES & AFFILIATES - TOTAL LIABILITIES $1 ,267,752.921 )THER ASS ETS (48,890,840) CAPITAL STOCK $ 6,000,000 PAID IN SURPLUS 300,2S7,402 OTHER SURPLUS 604.702,144 TOTAL SURPLUS TO POLIcYHOLDERS $ 913.999,546 'OTAL $ 2,181,752,487 TOTAL $2,181,752,457 iTA" CONNECTICUT ) :OUNTY OF HARTFORD )SS. :ITY OF HARTFORD AWRENCE A. SIUTA, BEING DULY SWORN, SAYS THAT HE IS VICE PRESIDENT, BOND, OF THE TRAVELERS CASUALTY AND ,URETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND ;ORRECT STATEMENT OFTHE FINANCIAL CONDmON OF SAID COMPANY AS OF THE 30TH DAY OF JUNE, 2004. :f~/;, k '\'{\~ C. ~:ct1~'1J d 1- 3UBSCRIBED AND SWORN TO BEFORE ME THIS NOTARY'PUBLlC 23RD DAY OF AUGUST, 2004 5-32 ......., '-loon ____, ......... -- - ~ DRAFT Travelers N ~ IMPORTANT DiSCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the . Terrorism Risk Insurance Act of 2002 . (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain ..- losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism" related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000,00, provided that the insurer has met its deductible. Please note that passage of the Act do.es not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage . required by the Act. The premium charge that is allocable to such coverage is inseparable from and. imbedded in your overall premium, and is no more than one percent of your premium. _ILT^1018 (2103) 5-33 DRAFT OR-5oo I E Y - ~oo SURVEY MONUMENT INSTALLATION BOND I FileNo,:OR.2.~4F Bond No.:l0450n09 Premi=: $166.25 LET IT BE KNOWN BY THESE PRESENTS, that GGP-OTA Y Ranch, L.P., a Delaware limited partnership as the subdivider (hereinafter ''Principal''), and Travelers Casualty and Surety Company of America, a corporation of the State of Connecticut(hereinafter "Surety"), are held and :firmly bound unto the City of Chula Vista, a municipal corporation (hereinafter "City"), in the County of San Diego, State of California, and to and for the benefit of any and all persons who may suffer damage by reason of the breach of the conditions hereof, in the penal sum of fY-jENf"l +1'iETHDUS~}JD I'. NO NOCI;,\JTS dollars ($25.000) lawful money of the United States, to be paid to City. WHEREAS, Principal is presently engaged in subdividing certain lands to be known as GGP- Homart for GGP-OTA Y Ranch L.P. subdivision in the City of Chula Vista: and. WHEREAS, Principal and City have entered into a Subdivision Improvement Agreement approved by City Council Resolution No. (hereinafter referred to as "Agreement") whereby Principal agrees to install durable survey monuments for said subdivision, which said Agreement, dated , 20-, and identified as project Vista Tract No. 05-02 OTA Y Ranch Town Center Planning Area 12 is hereby referred to and made a part hereof; and, WHEREAS, Principal desires to not install durable survey monuments prior to the recordation of the final map of the subdivision and desires to install same at a later date, NOW, THEREFORE, the condition of the above obligation is that if Principal shall have installed durable monuments of the survey by DI Surveving (Name of Licensed Civil Engineer or Land Surveyor) in accordance with the final map of said subdivision, a copy of which said map is hereby made and same is incorporated herein as though set forth in full, and according to the ordinances of the City of Chula Vista in full force and effect at the time of the giving of this bond, on or before the expiration of thirty (30) consecutive days following completion and acceptance of public improvements within said subdivision as specified in said Agreement, then the obligation shall be void, otherwise to be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, and including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. 5-34 DRAFT IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on Mav 3, 2005. GGP-OTA Y Ranch L.P., a Delaware limited partnership By: GGP-OTA Y RANCH L.L.C., a Delaware limited liability company, its general partner By: GGP HOMART II L.L.C., a Delaware limited Liability Company, its sole member Travelers Casualty and Surety Companv of America Name efPriaeifJa! (^ ppli:1IIOiJ Name of Surety Company By,~J~ By Mark Levinson - Attorney-in-Fact r;~Mld L. 8em Authorized Officer One Tower Square ~~ ,__d~ -d'." : Address of Surety Company 1 04507209 "OFFICIAL SEAl:' Hartford CT 06183-9062 BondIPolicy No Dorothy C. Maleski City State Zip Code Notary Public, State of illinois My Commission Expires 0711 0/05 ABOVE-SIGNATORIES MUST BE NOTARIZED APPROVED AS TO FORM: ~~ Nclary PUbllc,.S1atif oj Qhio My Coounls.."" e.pIms 1'.09- 25, 2007 City Attorney J :\EngineerILANDDEV\F orms-Officia1lBondslBond Monuments.doc 5-35 TI<AVELERS CASUALTY AND S1J'RETY COlVrPANY OF At~RICA TRAVELERS CASUALTY MiD SURETY COMPANY F~ITNGTONCASUALTYCOMPANY DRAFT Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW AIL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF Ai."\1ERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Alyson A. Larson, Amy L. Gangle, Mark G. Levinson, Michael B. Schleich, Therese L. Scamardo, Todd A. Stein, of Akron, Ohio, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and .acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)- in-Fact, pursuant to the authority herein given, are hereby raOOed and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Cmporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company aDd may give such appointee such authority as his or her certificate of authority may prescribe to sign with the ComPaDY's name and seal with the Comparty's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, OT conditional undertaking, and any of said officers or the Board of Directors at any time may remove 8I1Y such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President my delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that. each such delegation is citing and a copy thereof is filed in the office of the Secretary. v u fED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sea!ed with the Company', seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys-ill-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pur5UaJlt to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and hy authority of the following Standing Resolution voted hy the Boards of Directors of TRAVELERS CASUALTY AN]) SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AN]) SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing stLch facs:imile signature or facsimile seal shall be valid and bindIDg upon the Company and any such power "so executed and certified by such facsimile signature and facsimile sea! shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 stand",d) 5-36 DRAFT IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 29th day of December 2000. STATE OF CONNECTICUT TRAVELERS CASUALTY A..'ID SURETY COMPANY OF AMERICA } SS. Hartford TRAVELERS CASUALTY AND SURETY COMPA.."iY FARMJNGTON CASUALTY COMPANY COUNTY OF HARTFORD ..hJ~~ /~WJ~~C - dr.........'Iif.. By ~"ORO,\~J ;~.,'h George W. Thompson S~ ~j1I Senior Vice President On this 29th day of December, 2000 before me personally came GEORGE W, THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. ~o.:~ 'rf\~ c. ~ *~~* O~fi.~'.$:, My commission expires June 30, 2001 Notary Public Marie C. Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furtbermore, that the Standing Resolutions of the Boards of Directors, as set fortb in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Ccnnecticut. Dated this 3rd day of May ,2%5 . ~-M-~ By Kori M. Johanson Assistant Secretary, Bond 5-37 TRAVELERS CASUALTY AND SURETY COMP.oiNY OF AMERICA DRAFT HAR'TFORD, CONNECTICUT 05183 FINANCIAL STATEMENT AS OF JUNE 30, 2004 CAPITAL STOCK $ 6,000,000 ASSETS lIA8ILITJES!. SURPLUS :ASH & INVESTED CASH $ 51,672,364 UNEARNED PREMIUMS $ 495,B54,177 30NDS 1,900,711,942 LOSSES 496,611,405 3TOCK 21,472,221 LOSS ADJUSTMENT EXPENSES 107,672,652 :JTHER INVESTED ASSETS - COMMISSIONS 9,858,790 NVESTMENT INCOME DUE AND ACCRUED. 20,688,580 TAXES, LICENSES AND FEES 7,779,413 'REMIUM BAlANCES 148,202,446 OTHER EXPENSES 10,293,898 ~EINSURANCE RECOVERABLE 52,235,274 . CURRENT FEDERAL AND FOREIGN INCOME TAXES 17,056,324 :URRENT FEDERAL INCOME TAX RECOVERABLE PAYABLE FOR SECURITlES sa,488,SS3 ~ET DEFERRED TAX ASSET 34,303,735 PAYABLE TO PARENT, SU6SIDIARIES & AFFILIATES 875,951 ~ECEIVABLE FOR SECURITlES 1,356,735 OTHER ACCRUED EXPENSES AND LIABILmES 63.261 ,427 ~ECEIVABLE FROM PARENT, SUBSIDIARIES & AFFILIATES - TOTAL LlABILITlES $1 ,267,752,921 OTHER ASSETS (48,asO,B40) CAPITAL STOCK $ 6.,000,000 PAID IN SURPLUS 303,297,402 OTHER SURPLUS 604.702.144 TOTAL SURPLUS TO POLICYHOLDERS $ 913.999,546 rOT AL $ 2,1 a1, 752,467 TOTAL $2, 1B1 ,752,467 ~TA- '" CONNECTICUT ) :OUNIY OF HAR'TFORD )SS. CITY OF HARTFORD -AWRENCEA. SIUTA, BEING DULY SWORN, SAYS THAT HE IS VICE PRESIDENT, BOND, OF THE TRAVELERS CASUALTY AND 3URETY COMPANY OF AMERICA, AND THAT TO THE BEST OF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONEJITlON OF SAID COMPANY AS OF THE 30TH DAY OF JUNE, 2004. - i~l k VIC RESIDENT, BOND '\'{\~ C. ~ 11 Lr- SUBSCRIBED AND SWORN TO BEFORE ME THIS NOTARY-PUBLIC 23RD DAY OF AUGUST, 2004 5-38 .......0......... ___. - .. _. --- -'- -------"w DRAFT Travelers ~ IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the . Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses, Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted), Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and. imbedded in your overall premium, and is no more than one percent of your premium, _lLT.I018 (2/03) 5-39 DRAFT RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2004- 418 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the project is genenilly located west of Eastlake Parkway, south of Olympic Parkway, north of Birch Road within the Otay Ranch Freeway Commercial SPA; and WHEREAS, the final map has been reviewed by the Engineering Department and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all easements for street purposes, the 15' wide sewer easement, and the sidewalk and public access easement, and acknowledgment of offers of dedication within the Subdivision as shown on the map; and WHEREAS, the Developer has bonded for and agrees to complete all street improvements required for the approval of this "B" Map within two years following map approval, or sooner if construction permits for the required improvements have been issued; and WHEREAS, this map has a preserve conveyance obligation, which is met through a conveyance of open space land as acknowledged in the Conveyance Agreement, adopted by Resolution No. 18416 by the City Council on October 22, 1996. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for the Otay Ranch Freeway Commercial Sectional Planning Area Plan. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Sorunb AlA"" t!=;,,/ /Zd- City Engineer . Attorney 5-40 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON AFPROV AL BY THE CITY COUNCIL ~i1 /!~ Ann Moore City Attorney Dated: S)/ g)~ Approving the "B" Map Supplemental Subdivision Improvement Agreement for the Otay Ranch Freeway Commercial Sectional Planning Area Plan 5-41 DRAFT RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourtb Avenue ) Chula Vista, CA 91910 ) ) Above Space for Recorder's Use SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN-CHULA VISTA TRACT NO. 05-02 (Conditions 2, 3, 6, 7, 8, 9, 11, 12, 13, 16, 17, 18,19,20,26,28,29,30,31,32,33,34, 35,37,40,41,42,44,47,59, 60, 61,62,64,65,70,71,73,74,75,76,77,78,80,82,88, 89,90,93,96,97,98,100,101,102,103,104,105,106, 107 of Resolution 2004-418) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of , 2005, by and between THE CITY OF CHULA VISTA, Califomia ("City" for recording purposes only) and the signators of this Agreement, GGP-OTAY RANCH, L.P., a Delaware limited partnership ("Developer", "Owner", or "Applicant"), 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 described on Chula Vista Tract 05-02 and is co=only known as Otay Ranch Freeway Co=ercial Tentative Map. For purposes of this Agreement, the term "Project" shall also mean "Property". B. "Owner", "Developer", or "Applicant" means the GGP-OTAY RANCH, L.P. and includes Owner's, successors-in-interest and assigns of any property within the boundaries of the Property. C. Developer or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map co=only referred to as Chula Vista Tract 1 5-42 DRAFT 05-02 ("Tentative Subdivision Map" or "Tentative Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2004-418 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. Developer has requested the City's approval of a fmal subdivision map for the Property. F. City is willing, on the premises, security, terms and conditions herein contained to approve the Final Map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map. G. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For purposes of this Agreement "Final Map" means the Otay Ranch Freeway Co=ercial Final Map. ii. "Complete Construction" shall mean that construction of the improvements have completed and have been inspected and accepted by the City. iii. "Guest Builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. IV. "FEIR 02-04" means Final Environmental Impact Report and addendum thereto. v. "GDP" means the Otay Ranch General Development Plan previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253. vi. "SPA Plan" means the Freeway Co=ercial Sectional Planning Area as adopted by the City Council on April 1, 2003 pursuant to Resolution No. 2003-132 and later amended by Resolution No. 2004- 300 and Resolution No. 2004-417 as adopted by Council on September 14, 2004 and December 14, 2004, correspondingly. Vll. "PFFP" means the Freeway Co=ercial Public Facilities Finance Plan adopted by Resolution No. 2003-132 and amended by Resolution No. 2004-417 and as may be further amended from time to time. 2 5-43 DRAFT - . viii. "Improvement Plans" means all the onsite and offsite improvements required to serve the lots created by the Final Map, in accordance with improvement plans to be approved by the City. Said improvements shall include, but not limited to, asphalt concrete pavement, base concrete curb, gutter and sidewalk sewer, reclaimed and potable water utilities, drainage facilities, street lights, signage, landscaping, irrigstion, fencing and fire hydrants. 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 parties as to any or all of the Property as described on Exhibit "A" until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of sucb covenants for and in its own right and for the purposes of protecting the interest of the co=unity 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. The parties acknowledge and agree there are no intended third party beneficiaries created by this Agreement and that non- parties to this Agreement shall not have standing to enforce the obligations contained herein c. Developer Release of Guest Bullder 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, provided Developer obtains the prior written consent of the City to such release. Such . assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the 3 5-44 DRAFT 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 obligstions under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees, If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City Manager, or Manager's designee, shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: 1. The execution of a purchase agreement for the sale of a co=erciallot to a buyer; u. The conveyance of a lot to a Business Ovroers Association; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this' Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No.2 - (GeneraLPreliminary). In satisfaction of Condition 2 of the Resolution, Developer hereby agrees that all of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document 4 5-45 DRAFT the term "Developer" shall also mean "Applicant". "Owners" refers to the property owners whose land is contained in the Freeway Co=ercial SPA Plan. "Project" shall mean the amendment to the Planning Area 12- Freeway Co=ercial Sectional Planning Area (SPA) Plan. 3. Condition No.3 - (GeneraIlPreliminary). In satisfaction of Condition 3 of the Resolution, Applicant hereby agrees to comply, remain in compliance, and implement the terms, conditions and provisions, as are applicable to the Property of: 1) Otay Ranch General Development Plan (GDP); 2) Freeway Co=ercial Sectional Planning Area (SPA) Plan (as amended); 3) Final Environmental Impact Report (EIR) for the Freeway Co=ercial (EIR 02-04 and addendum to EIR 02-04; 4) Freeway Co=ercial Public Facilities Financing Plan approved by the City Council on November 9, 2004 and the Freeway Co=ercial Planned Co=unity District Regulation and Land Use Map approved by City Council Ordinance No. 2977 on September 21,2004. Furtbermore, the Applicant hereby agrees to provide the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require complying with tbe above regulatory documents. Applicant further hereby agrees that after approval of the Final Map, the Applicant will continue to comply, remain in compliance, and implement such Plans. 4. Condition No.6 - (General/Preliminary). In satisfaction of Condition 6 of the Resolution, the Developer hereby agrees that work on the property after approval of the Tentative Map, but prior to recordation of the applicable Final Map, may be done by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal C~de, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., grading or improvement plans) will be approved. All work performed by the Applicant prior to approval of the applicable Final Map shall .be at Applicant's own risk. Applicant hereby acknowledges that subsequent submittals (I.e., grading or improvement plans) may require extensive changes, at Applicants cost, to work done under such early permit. In addition, the Developer hereby agrees that prior to the issuance of a permit, the Applicant shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable Final Map does not record. 5, Condition No, 7 - (General!Preliminary). In satisfaction of Condition 7 of the Resolution, the 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, and 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 5 5-46 DRAFT administrative approvals to which the term, covenant, or condition applies, 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 compliance with said conditions and/or seek damages for their violation. The Developer shall be notified ten (l0) days in advance prior to any of the above actions being taken by the City and shall be given an opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. 6. Condition No, 8 - (GenerallPreliminary). In satisfaction of Condition 8 of the Resolution, the Applicant hereby agrees to indemnify, protect, defend and hold the City, its agents, employees and officers harmless from and against any and all claims, liabilities and costs, including reasonable attorney's fees, arising from challenges to environmental review for the Project and from challenges to entitlements. and approvals issued by the City in connection with the Project. Developer further understands and agrees that the City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of the Developer, its agents or employees, or indemnitee, related to the Developer's obligations described herein. Developer hereby agrees to indemnify, protect, defend and hold the City, its agents, employees and officers harmless from and against any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of the Developer, its agents or employees, or indemnitee, related to the Developer's obligations described herein. Any approved improvements securities shall not limit the Developer's obligation under this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the Developer's maintenance activities as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the Developer's obligation described herein. The approval of plans for the Developer's obligations described herein and any related improvements shall not constitute the assumption by the City of any responsibility for such damage or tal<ing, nor shall the City, by said approval, be an isurer or surety for the Developer's obligations described herein and any related improvements 7, Condition No.9 - (General/Preliminary). In satisfaction of Condition 9 of the Resolution, the Developer hereby agrees that any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attomey. 6 5-~. 7 DRAFT 8. Condition No, 11 - (GenerallPreliminary). In satisfaction of Condition 11 of the Resolution, Developer hereby agrees that, unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. 9. Condition No, 12 - (GeneraJ/Preliminary). In satisfaction of Condition 12 of the Resolution, the Applicant hereby agrees to comply with all. applicable Freeway Co=ercial SPA conditions of approval, (pCM 04- 15) as may be amended from time to time. 10. Condition No. 13 - (GenerallPreliminary). In satisfaction of Condition 13 of the Resolution, the Applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). 11, Condition No, 16 - (EnvironmentaJ/Preservation). In satisfaction of Condition 16 of the Resolution, the Applicant hereby agrees to comply with all applicable requirements of the California State Water Resources Quality Control Board. 12. Condition No. 17 - (Environmental/Preservation), In satisfaction of Condition 17 of the Resolution, the Applicant hereby agrees to implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report (EIR) for the Freeway Co=ercial (EIR 02-04) and addendum. Furtbermore, the Applicant hereby agrees that any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Planning and Building. 13, Condition No. 18 - (EnvironmentaJ/Preservation). In satisfaction of Condition 18 of the Resolution, the Applicant hereby agrees to comply with all applicable requirements of the California Department of Fish and Game, the Califomia State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Furthermore, the Applicant hereby agrees that prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Applic'ant shall comply with all applicable requirements prescribed in the Otay Ranch GDPlFreeway Commercial Environmental Impact Report EIR 02-04 (SCH # 1989010154), and Mitigation 7 5-48 DRAFT Monitoring and Reporting Program. If any permits are required to be obtained by Applicant, the Applicant hereby agrees to obtain said' permits with applicable agencies in consultation with the City. In addition, the Applicant hereby agrees to obtain said permits with applicable agencies in consultation with the City. 14. Condition No. 19 - (EnvironmentalJPreservation). In satisfaction of Condition 19 of the Resolution, the Applicant hereby agrees to comply with the take permit/authorization from the U.S. Fish and Wildlife Service and California Department of fish and Game, and comply with the approved City of Chula Vista MSCP Subarea Plan. 15, Condition No, 20 - (EnvironmentalJPreservation). In satisfaction of .Condition 20 of the Resolution, the Applicant hereby agrees to comply with all requirements and policies of the Otay Ranch Resource Management Plan (Rl\i!P) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4,1996, and as may be amended from time to time by the City. 16. Condition No. 26 - (Subdivision Design). In satisfaction of Condition 26 of the Resolution, the Applicant hereby agrees to install all street trees on public streets in accordance with Section 18.28.010 of the Chula Vista Municipal Code, the City's Landscape Manual and approved cross- sections in the Otay Ranch Planning Area l2lFreeway Co=ercial SPA Plan; or as otherwise approved by the City Engineer and Director of Public Works Operations. Applicant hereby agrees to provide any and all special tree installation conditions as requested by the City Engineer. Street trees shall be shown on street landscape and irrigation plans submitted for approval by the City Engineer and the Director of Public Works Operations prior to, or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. furtb=ore, Applicant hereby agrees and understands that the location of trees and planters shall be contingent upon the location of street signs; and under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. 17. Condition No. 28 - (Security). In satisfaction of Condition 28 of the Resolution, the Applicant hereby agrees to provide security in accordance with chapter 18.16 of the Municipal Code, and construct full improvements for all public improvements shown on the Tentative Map within the subdivision boundary or off-site, as deemed necessary by the City Engineer to provide service to the subject subdivision, in accordance with Chula Vista Design Standards, Chula Vista Streets Standards, Chula 8 5-49 DRAFT Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the City Engineer. Said public improvements shall include, but are not limited to, asphalt concrete pavement, base, curb, gutter and sidewaJk, sewer, drainage facilities, water quality BMPs, street lights, traffic signals, signs, striping, fire hydrants and transitions to existing improvements in the manner required by the City Engineer. Said securities are as follows: a) Faithful Performance for Onsite Public Sewer: $47,616.50 b) Material and Labor for Onsite Public Sewer: $47,616.50 c) Faithful Performance for Eastlake Pkwy. Improvements: $265,285.00 d) Material and Labor for Eastlake Pkwy. Improvements: $265,285.00 18. Condition No. 29 - (public Streets, Right-of-Way & Improvements). In satisfaction of Condition 29 of the Resolution, Applicant hereby agrees that if Applicant proposes multiple building permits, Applicant shall submit and obtain approval of a development phasing plan from the City Engineer and Director of Planning and Building prior to issuance of any building permit. The Applicant hereby agrees and understands that the phasing plan shall include: a. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers, and proposed building square footage in each phase; and b. A table showing the phase number, the lots included in the phase and the proposed building square footage included in each phase. The Applicant hereby agrees and understands that improvements, facilities and dedications to be provided with each phase shall be determined by the City Engineer and Director of Planning and Building. The Applicant hereby agrees and understands that the City reserves the right to require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the circulation requirements of Police and Fire Departme!lts. The Applicant hereby agrees and understands that the City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revisions(s). 19. Condition No. 30 (public StJ:eets, Right-of-Way & ImprovelDents). In satisfaction of Condition 30 of the Resolution, the Applicant hereby agrees to accomplish the following: a. Construct and secure all the street improvements identified in Table A 9 5-50 DRAFT below; b. Complete to the satisfaction of the City Engineer said street improvements or that portion thereof serving any building or structure ready for occupancy prior to issuance of any certificates of clearance for utility connection for said building or structure. Table A Public Streets Required to be constructed By Freeway Co=ercial Description Exclusive right turn lanes into the Project along Eastlake Parkway Town Center Drive from Olympic Parkway to FC-2 property line Birch Road from SR-125 to Eastlake Parkway 20. Condition No. 31 - (Streets, Right-of-Way & Public Improvements). In satisfaction of Condition 31 of the Resolution, the Applicant hereby agrees to design all public street vertical and horizontal curves and intersection sight distances to conform to the Caltrans' Highway Design Manual and City Standards. All streets, which intersect other streets at or near a horizontal or vertical curve, shall meet intersection design sight distance requirements in accordance with City Standards. When a conflict between the Caltrans Highway Design Manual and adopted City standards exists, the adopted City standards shall prevail. Lighted sag vertical curves may be permitted at intersections per AASHTO standards and with approval of the City Engineer. The streets subject to this condition are: a) Public Streets i. Eastlake Parkway ii. Birch Rood iii. Town Center Drive b) Private Streets 1. Internal Ring Road ii. Street"A" iii. Street "B" (from Eastlake Parkway to Ring Road) iv. Street "C" 21. Condition No. 32 - (Public Street, Right-of-Way & Public Improvements), In satisfaction of Condition 32 of the Resolution, the Applicant hereby agrees to construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the City Engineer. In the event the 10 5-51 DRAFT Federal Gove=ent adopts new ADA standards for s1reet rights-of-way, which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shaIl be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has co=enced. 22. Conditlon No, 33 - (Public Street, Right-of-Way & Public Improvements). In satisfaction of Condition 33 of the Resolution, the Applicant hereby agrees to grant sight visibility easements to the City Of Chula Vista as required by the City Engineer at public streets or public right-of-ways, to keep sight visibility areas clear of any obstructions. Sight visibility easements shall be shown on grading plans, improvement plans and Final Maps to the satisfaction of the City Engineer. Sight visibility easements shall be graoted as necessary to comply with the requirements in the Caltrans Highway Design Manual and City Of Chula Vista Standards. 23. Condition No, 34 - (Public Street, Right-of-Way & Public Improvements). In satisfaction of Condition 34 of the Resolution, the Applicant hereby agrees to construct, and/or provide security for traffic signal interconnect conduit and all appropriate wiring as depicted on the approved improvement plans for all proposed signalized intersections to the satisfaction of the City Engineer. Said security is as follows: a. Faithful Performance for Eastlake Pkwy. Improvements: $265,285.00 b. Material and Labor for Eastlake Pkwy. Improvements: $265,285.00 24. Condition No. 35 - (public Street, Right_of-Way & Public Improvements), In satisfaction of Condition 35 of the Resolution, the Applicant bereby agrees to install all conduits and interconnect improvements for the future traffic and/or pedestrian signals associated with the proposed BRT line and stations as depicted on the approved improvement plans in conjunction with the construction of the related street improvements to the satisfaction of the City Engineer. 25, Condition No, 37 - (public Street, Right-of-Way & Public Improvements). In satisfaction of Condition 37 of the Resolution, the Applicant hereby agrees to install permanent public street name signs prior to the issuance of the first building permit for the Project. 26. Condition No. 40 - (Pu.blic Street, Right-of-Way & Public Improvements), In satisfaction of Condition 40 of the Resolution, the Applicant hereby agrees to construct and secure all those improvements deemed necessary by the City Engineer to provide a fully actuated traffic signals including interconnected wiring at the following intersections: 11 5-52 ------ DRAFT 1. Olympic Parkway and Town Center Drive ii. Birch Road, and Streets "A" and "C" iii. Eastli.ke Parkway and Street "B" iv. Birch Road and Eastlake Parkway Furtbermore, the Applicant hereby agrees to fully design the aforementioned traffic signals in conjunction with the improvement plans for the related streets. 27. Condition No. 41 - (public Street, Right-of-Way & Public Improvements). In satisfaction of Condition 41 of the Resolution, the Applicant hereby agrees that street cross sections for public streets and those private streets shown in Condition 31b shall conform to the cross sections shown on the Tentative Map, unless otherwise conditioned or approved herein. In addition, the Applicant hereby agrees that all other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. 28, Condition No. 42 - (public Sireet, Right-of-Way & Public Improvements). In satisfaction of Condition 42 of the Resolution, the Applicant hereby agrees to submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. 29. Condition No. 44 - (Public Street, Right-of-Way & Public Improvements). In satisfaction. of Condition 44 of the Resolution, the Applicant hereby agrees to comply with all the Applicant requirements of the Updated Internal Circulation Study for the Proposed Otay Town Center, dated August 13, 2004 and prepared by Damell and Associates, and any revisions thereto approved by the City Engineer. 30. Condition No. 47 - (public Street, Right-of-Way & Public Improvements), In satisfaction of Condition 47 of the Resolution, the Applicant hereby agrees and understands that prior to approval of each grading plan, the Applicant must demonstrate that increase in drainage attributable to the Project will not cause existing downstream drainage facilities to become inadequate, or include, in the grading plans, the construction of additional temporary detention facilities, to ensure that the discharges after development are conveyed by existing downstream drainage facilities to the satisfaction of the City Engineer. Furthermore, the Applicant hereby agrees to provide maintenance of said facilities until such time as they are replaced by permanent facilities approved by the City. 12 5-53 DRAFT 31. Condition No, 59 - (public Street, Right-of-Way & Public Improvements), In satisfaction of Condition 59 of the Resolution, the Applicant hereby agrees that the Development shall comply with all operational regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. The development shall also comply with all structural requirements of such regulation as they apply to each building permit at the time of building permit issuance. Furtber, the Applicant hereby agrees to file a Notice of Intent with the State Water Resources Control Board to obtain coverage UDder the NPDES General Permit for Storm Water Discharges Associated with Construction Activity arid shall implement a. Storm Water Pollution Prevention Plan (SWPPP) concurrent with the co=encement of grading activities. The SWPPP shall include both construction and post construction polll,ltion prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Applicant shall comply with 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. The Applicant hereby agrees to design the Proj ect storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. 32. Condition .No. 60 - (public Street, Right-of-Way & Public ~provements). In satisfaction of Condition 60 of the Resolution, the Applicant hereby agrees to not to 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 of NPDES 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. 33. Condition No; 61 - (Street, Right-of-Way & Public Improvements). In satisfaction of Condition 61 of the Resolution, the Developer hereby agrees to comply with all of the applicable provisions of the Storm Water Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code), the Development and Redevelopment Proj ect Storm Water Management Standard Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula Vista SUSMP to the satisfaction of the City Engineer. 13 5-54 DRAFT 34. Condition No. 62 - (public Street, Right-of-Way & Public Improvements). In satisfaction of Condition 62 of the Resolution, the Applicant hereby agrees to the following: a. Construction of Treatment Control Private Best Management Practices Facilities (Private BMP Facilities). Developer hereby agrees to construct Treatment Control Private BMP Facilities as specified in Exhibit "C" of this Agreement ("Private BMP Facilities"), in strict conformity and in accordance with plans and specifications approved . by the City Engineer. Developer shall complete the construction of the Private BMP Facilities to the satisfaction of the City Engineer prior to the final inspection for the first building structure that is constructe.d within the Proj ect but no later that one (1) year after the City's approval of any grading and/or construction plans proposing the construction of said Private BMP Facilities. It is expressly understood and agreed to by the Developer that, in the performance of the construction of said Private BMP Facilities, the Developer shall conform to and abide by all the provisions of the Ordinances, Standards, and Policies of the City Of Chula Vista, the laws of the State of California and the Federal Law as applicable to said work as in effect at time of building permit issuance. The Developer further hereby agrees that the requirements set forth in this condition shall be in addition to the Developer's obligation to construct and maintain effective post-construction Private BMP's as set forth elsewhere in this Agreement. b. Maintenance of Private BMP. Facilities. Developer, hereby agrees to the following: i. Developer shall, at its sole expense, prepare and obtain the approval of the City Engineer of an Operation & Maintenance Plan ("O&M Plan") concurrent ,vith the approval of the grading and/or construction plans proposing the construction of the Private EMP Facilities, or as otherwise specified by the City Engineer. Furtber, not later than thirty (30) days after the completion of construction of the Private BMP Facilities, the Developer hereby agrees to co=ence inspection and maintenance of the Private BMP Facilities in accordance with the approved O&M Plan or enter into a contract with an entity acceptable to the City Engineer to do so ("Maintenance Entity"). The Maintenance Entity shall provide a written report ("Inspection/Maintenance Report") that certifies that the inspection and maintenance under the O&M Plan has been performed and that the BMP Facilities 14 5-55 DRAFT continues to meet the original design standards. Any deficiencies in the performance of the Private BMP Facilities and the corresponding corrective action shall also be noted ill the report. A copy of the Inspection/Maintenance Report shall be provided to the City Engineer or designee within one week of performing each inspection and monitoring operation. ii. Developer hereby grants permission to the City, its authorized agents and employees, to enter upon the Project and to inspect the Private BMP Facilities whenever the City deems necessary to review reported deficiencies and/or to respond to citizen complaints. The City shall provide the Developer copies of the inspections findings and, if necessary, a directive in writing requiring Developer to proceed with any necessary repairs. ("Private BMP Repairs") within fourteen (14) days from receiving said notice to proceed. Any such Private BMP Repairs shall be completed to the satisfaction of the City Engineer no later than thirty (30) days after co=encement of such work ("RepaiI Completion Time"). In addition, Developer acknowledges and hereby agrees that the City Engineer may, at his sole discretion, extend the Repair Completion Time for a reasonable time not to exceed thirty (30) additional days, if Developer provides evidence satisfactory to the City Engineer demonstrating that Developer is diligently pursuing such Private BMP Repairs. iii. Developer understands and hereby agrees that, in the event of the Developer's default in the performance of its obligations in this condition 62, the Developer shall be subject to all the provisions of the Ordinances, Standards, and Policies of the City Of Chula Vista (including Section 14.20.310 of the Municipal Code), the Laws of the State of Califomia, and the Federal Law as applicable to said work. 35. Condition No. 64 - (public Street, Right-of-Way & Public Improvements), In satisfaction of Condition 64 of the Resolution, Applicant hereby agrees and understands that all private storm drains from the project shall connect into the public storm drain system at a structure such as a cleanout or. catch basin. Storm drain systems that collect water from private property shall be designated "private" on grading and drainage and/or improvement plans to the point of 15 5-56 DRAFT connection with a public system or to the point at which storm water that is collected from public street right-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit shall be submitted for approval to the City for private storm drains within the public right-of-way. 36, Condition No. 65-- (public Street, Right-of-Way & Public Improvements). In satisfaction of Condition 65 of the Resolution, Applicant hereby agrees to submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 37, Condition No. 70- (Water). In satisfaction of Condition 70 of the Resolution, Developer hereby agrees and understands that the installation of privately owned water, reclaimed water, or other utilities crossing any public street is prohibited. This shall include the prohibition of installing sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The Applicant enters into an agreement with the City where the Applicant hereby agrees to the following: 1. Apply and obtain approval of an encroachment p=it for installation of private utilities within public right-of-way. ii. Maintain membership in an advance notice service such as: the USA Dig Alert Service. iii. Mark out all private facilities/utilities owned by the Applicant whenever work is performed in the area. iv. The terms of this Agreement shall be binding upon the successors and assigns of the Applicant. b. Shutoff devices, as determined by the City Engineer, are provided at those locations where private facilities traverse public streets. 38, Condition No. 71- (Agreements/FinanciaJ). In satisfaction of Condition 71 of the Resolution, the Developer hereby agrees to the following: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: 16 5-57 DRAFT 1. 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 Applicant 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. (Engineering, Planning and Building) b. D,veloper shall defend, indemnify . and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act; provided the City promptly notifies the subdivider of any claim, action or proceeding, and .on the further condition that the City fully cooperates in the defense. (Engineering, Planning and Building) c. Developer shall permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Final Map area. Applicant further hereby 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 sucb grant being that: (a) such access is coordinated with Applicant's construction schedule so that it does not delay or impede Applicant's construction schedule and does not require the trenches to be reopened to acco=odate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Applicant hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City .of Chula Vista that they bave violated the conditions of grant. (Engineering, Planning and Building) d. That the City may withhold the issuance of building permits for the Project, should the Applicant be determined by the City to be in breach 17 5-58 DRAFT of any of the terms of the Tentative Map Conditions or any Subdivision Improvement Agreement (SIA), or the Supplemental Subdivision Agreement (SSIA). The City shall provide the Applicant of notice of such determination and allow the Applicant reasonable time to cure said breach. (Engineering, Planning and Building) e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering, Planning and Building) f, Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP) if adopted prior-to issuance of building permits. (Engineering). g, The Project shall pay its fair share fees as part of any future regional impact fee program for regional facilities as defmed in the GDP/SRP, should such a fee program be enacted prior to the issuance of building permits for the project. h. Developer shall indemnify, protect, defend and hold the City, its agents, employees and officers harmless from and against any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of the Developer, its agents or employees, or indemnitee, related to the Developer's 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 indenmification shall include reasonable costs, expenses, attorney's fees and liability incurred by the City. (Engineering) 39. Condition No. 73- (Agreements/Financial). In satisfaction of Condition 73 of the Resolution, the Developer hereby agrees to the following: a. Provide all those easements and enter into those agreements with SANDAG reasonably needed for providing adequate conveyance of the storm water flow generated by the BRT right-of-way; and b, Provide all those easements reasonably needed to install BRT and/or pedestrian signals and/or signs at the intersection of the BRT with the propo.sed private project entry driveways along Eastlake Parkway. 40. Condition No, 74 & 75 - (Agreements/Financial), In satisfaction of Condition 74 of the Resolution, the Applicant hereby acknowledges and 18 5-59 DRAFT agrees to implement the final Air Quality Improvement Plan (AQIP) measures as approved by the City Council, and to comply and remain in compliance with the AQIP. The Applicant shall also waive any claim that the adoption of a final AQIP constitutes an improper subsequent imposition of the condition. Applicant further hereby agrees to implement the GreenStar Building Efficiency Program. The Applicant also acknowledges and hereby agrees that the City Council may, from time-to- time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Applicant shall modify the AQIP to incorporate those new measures, which are in effect prior to each Final Map approval within the Project. The new measures shall apply, as applicable, to development within all future Final Map areas, but shall not be retroactive to those areas that received Final Map approval prior to effect of the subject new measures. 41. Condition No, 76- (Agreements/Financial). In satisfaction of Condition 76 of the Resolution, the Applicant acknowledges and hereby agrees that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available. The Applicant shall be required to modify the Water Conservation Plan (WCP) to incorporate those new measures, which are in effect prior to each Final Map approval within the Project. The new measures shall apply to development within all future Final Map areas, but shall not be retroactive to those areas that received Final Map approval prior to effect of the subject new measures. 42. Condition No. 77- (Agreements/Financial). In satisfaction of Condition 77 of the Resolution, the Applicant hereby agrees to the following: a. Developer bereby agrees to maintain all private common facilities located within the project including, but not liroited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures, water quality treatment facilities,landscaping, trees, streets, parking lots, driveways, and sewage systems that are private. Co=on facilities are to be identified or labeled in an exhibit in the agreement. Co=on facilities are identified in the attached Maintenance Responsibility Map (Exhibit "D"). b. Developer hereby agrees to maintain public landscaping and/or improvements in . conformance with the Maintenance Responsibility Map as approved and on filed with the City Engineer. . 19 5-60 DRAFT c. Developer hereby agrees to maintain all private temporary slopes and associated temporary facilities adj acent to the south side of BiIch Road (from SR-125 to Eastlake Parkway) needed for the construction of said portion of Birch Road. d. Developer hereby agrees to indemnify, protec~ defend and hold the City, its agents, employees and officers harmless from and against any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts 'or omissions of the Developer, its agents or employees, or indemnitee, arising from the maintenance activities of the Applicant. e. Developer hereby agrees to procure and maintain a policy of comprebensive general liability insurance written on a per- occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured and shall not contain a cross-party exclusionary clause. f. Developer hereby agrees to the daily sweeping of co=on parking lots and internal drives by a reputable sweeping company. g. Developer hereby agrees to be a member in an advance notice service such as the USA Dig Alert Service in perpetuity. h. Developer hereby agrees to: I.) Maintain all sewer access roads, as they may exist from time to time in adequate condition as determined necessary by the Director of Public Worb operations and 2.) Replace any enhanced pavement, sidewalk, and other non-standard facilities or improvement removed by the City during construction and/or maintenance of public sewer facilities within the Project. Applicant shall acknowledge and agree that City will only be responsible for restoring the site using standard asphaltic concrete pavement and/or concrete as determined necessary by the Director of Public Worb Operations. 43. Condition No. 78- (Agreements/Financial). In satisfaction of Condition 78 of the Resolution, the Developer hereby agrees that prior to issuance of each building permit within the Freeway Co=ercial SPA, the. Applicant shall pay fees or some other financing mechanism approved by the school district to provide for the cOlliitruction of needed elementary, middle and high schools. 44, Condition No. 80 - (Open Space/Assessments). In partial satisfaction of Condition 80 of the Resolution, the Developer hereby agrees and 20 5-61 DRAFT acknowledges that in the event the Applicant requests the formation of a Community Facility District (CFD) for providing a funding mechanism for the maintenance of public improvements within the Project, the Applicant shall make such request, and obtain City Council approval for the formation of said CFD prior to the approval of the Final Map for the Project. The Applicant shall submit a list of amenities, acreage and maintenance costs for all public open space lots and facilities, including, but not limited to the parkways, medians, open space lots, enhanced paving and water quality. treatment facilities. Maintenance of the improvements shall be accomplished by the Applicant for a minimum period of one year, or until such time as accepted into the CFD by the Director of Public Works Operations. If Council does not approve the CFD formation, some other financing mechanism, such as Business Owners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the Final Map. All costs of formation and other costs associated with the processing of the CFD for this project shall be paid for by the Applicant. The Applicant shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of the proposed CFD. 45. Condition No, 82 - (Open Space! Assessments). In satisfaction of Condition 82 of the Resolution, the Applicant hereby agrees that within sixty (60) days of approval of the first Final Map, and provided City responds to Applicant's proposals within a reasonable period of time, Applicant shall enter into a maintenance and grant of easements agreement which shall be subject to approval by City Council. The Agreement shall encumber the entire Project, as necessary for landscaping and other improvements maintained by Applicant within City right-of-way or such other public areas as required by the City. Said public improvements shall include, but are not limited to: a. Landscaped parkways along the westerly side of Eastlake Parkway, and full landscaped median improvements (including hardscape, landscaping and irrigated improvements) on Eastlake Parkway between Street B and Birch Road. b. Northerly and southerly landscaped parkways, full landscaped medians (including hardscape, landscaping and irrigated improvements), along Birch Road until such time that the City approves a different financing mechanism for maintaining said southerly parkways and fair share of said median improvements. 21 5-62 DRAFT c. Landscape improvements located within the proposed BRT right-of-way until such time that this right-of-way IS ultimately conveyed to SANDAG. d. Easterly and westerly landscaped parkways, full landscaped median (including hardscape, landscaping and irrigated improvements) along Town Center Drive until such time that the City approves a different financing mechanism for maintaining said improvements. 46, Condition No. 88 - (Landscape). In satisfaction of Condition 88 of the Resolution, the Applicant hereby agrees and understands that prior to issuance of each construction permit and grading permit for the Project, the Applicant shall secure all landscape improvements associated with the improvements covered by said permit. The security shall be for 100% of the estimated cost of proposed landscape improvements, approved by the Director of Planning and Building, and approved in form by the City Attorney. Furthermore, Applicant hereby agrees to prepare and submit to the Director of General Services landscape improvement plans concurrent with the second submittal of street improvements, or grading improvements plans for corresponding areas. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the SPA Plan. In addition, Applicant hereby agrees to install all landscape improvements in accordance with the approved plans to the satisfaction of the Director of Planning and Building and the Director of General Services. 47, Condition No, 89- (AgreementslFinancial). In satisfaction of Condition 89 of the Resolution, the Applicant hereby agrees to install all public street trees in accordance with Section 18 .28.010 of the Chula Vista Municipal Code. All public street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Public street trees are to be consistent with tree species described in the Freeway Co=ercial Design Plan, Freeway Co=ercial SPA Plan and Landscape Master Plan, and shall be subject to approval by the Director of Planning and Building and Director of Public Works Operations. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant hereby agrees to complete preliminary public street improvement plans that show the location of all future public street trees, which will be subject to the review and approval of the Director of Planning and Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary public street improvement plans that depict public street trees and shall be painted a bright color and labeled as future public street tree location. Applicant fiuther hereby agrees to provide City documentation, acceptable 22 5-63 DRAFT by the Director General Services and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain public street tree identification stakes in locations as shown on approved preliminary plans until all dry utilities are in place. A public street tree improvement plan, including mailbox locations, shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of public street improvement plans within the subdivision. Approval of the public street. tree improvement plans shall constitute final approval of the selection of public street trees for the public street parkways. 48. Condition No. 90 - (Agreements/Financial). In satisfaction of Condition 90 of the Resolution, the Developer hereby agrees to design landscape and irrigation plans such that street tree placement is not in conflict with the sight visibility of any traffic signage. The Applicant shall be responsible for the removal of any obstructions within the sight visibility of said traffic signs consistent with the Chula Vista Design Standards and to the satisfaction of the City Engineer. 49. Condition No, 93 - (Miscellaneous). In satisfaction of Condition 93 of the Resolution, the Developer hereby agrees that within thirty (30) days of the City Engineer approval, the Applicant shall submit copies of all approved grading and improvement plans associated with the project in digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone. 6). The digital flies shall combine all sheets into a single CADD drawing for each set of plans, in DXF, DWG or Arc View (GIS) format. 50. Condition No, 96 - (Fire), In satisfaction of Condition 96 of the Resolution, the Applicant hereby agrees to comply with the Fire Department's codes and policies for Fire Prevention. The Applicant shall provide the following items prior to delivery of combustible materials on any construction site on the Project e. 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 subject to prior approval by the Fire Marshal. f. Emergency vehicle access conslstmg of a mmnnum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet (or an acceptable 23 5-64 DRAFT altemative approved by the Fire Marshal and in compliance with the U.F.c.). g. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Marshal. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Marshal. 51. Condition No. 97 - (Fire). In satisfaction of Condition 97 of the Resolution, the Applicant hereby agrees to obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. 52, Condition No. 98 - (Fire). In satisfaction of Condition 98 of the Resolution, the Applicant hereby agrees that prior to issuance of the first building permit and in addition to those fire hydrants depicted on the Tentative Map, the applicant shall install additional fIre hydrants per 2001 Califomia Fire Code and City of Chula Vista Fire Department policies. 53, Condition No. 100 - (Code Requirements). In satisfaction of Condition 100 of the Resolution, the Applicant hereby agrees to comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final Maps 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. 54. Condition No. 101- (Code Requirements). In satisfaction of Condition 1010f the Resolution, the Applicant hereby agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the City Engineer. 55. Condition No. 102 - (Code Requirements). In satisfaction of Condition 102 of the Resolution, the Applicant hereby agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Applicant shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 56. Condition No. 103 (Code Requirements). In satisfaction of Condition 103 of tbe Resolution, the Applicant hereby agrees to pay all required fees, including the following fees, in accordance with the City's Municipal Code and Council Policy: . The Transportation and Public Facilities Development Impact Fees . Traffic Signal Participation Fees 24 5-65 DRAFT . All applicable sewer fees, including but not limited to sewer connection fees; and Poggi Canyon Gravity Sewer Basin DIP Pay the amount of said fees in effect when payment is due pursuant to the Chula Vista Municipal Code. 57, Condition No. 104 (Growth ManagementIPublic Facilities Financing Plan (PFFP)/Phasing). In satisfaction of Condition 104 of the Resolution, the Applicant hereby 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 (1.9.09.090), and public facilities finance plan amendment procedures (19.09.1 00). 58, Condition No, 105 (Growth ManagementlPublic Facilities Financing Plan (PFFP)/Phasing), In satisfaction of Condition 105 of the Resolution, the Applicant hereby agrees to install public facilities in accordance with the Freeway Co=ercial Public Facilities Finance Plan as may be amended from time to time, or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 59. Condition No, 106 (Growth ManagementlPublic Facilities Financing Plan (pFFP)/Phasing). In satisfaction of Condition 106 of the Resolution, the Applicant hereby agrees that if the applicant proposes to modify the Freeway Co=ercial SPA's approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval upon request of the City Engineer prior to approval of the first Final Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. 60. Condition No, 107 (Growth ManagementlPublic Facilities Financing Plan (PFFP)/Phasing). In satisfaction of Condition 107 of the Resolution, the Applicant hereby agrees that the Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and Tentative Map with improvements installed in accordance with said plan or as required to meet the City's Growth Management Ordinance. The PFFP identifies a facility-phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of the Freeway Co=ercial SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Freeway Co=ercial SPA Plan document grant the Applicant an entitlement to develop as assumed in the 25 5-66 DRAFT PFFP, or limit the Freeway Commercial SPA's facility improvement requirements to those identified in the PFFP. The Growth Management Ordinance, as it exists at the time of building permit issuance, shall govern Freeway Commercial SPA development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction, should conditions change to warrant such a revision in accordance with the Growth Management Ordinance. 61. Satisfaction of Conditions. City hereby agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation of Conditions 2, 3, 6, 7, 8, 9,11,12,13,16,17,18,19,20,26, 28,29,30,31,32,33,34,35,37,40,41,42,44,47,59,60, 61,62, 64, 65, 70,71,73,74,75,76,77,78,80,82,88,89,90,93,96,97,98, 100, 101, 102,103,104,105,106,107 of Resolution 2004-418. 62, UnfulfilIed Conditions. Developer hereby agrees, uoless otherwise conditioned, that Developer shall comply witb all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 63. 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 an assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attomey. 64. Recording, This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 65. BuildIng Permits. Developer and Guest Builders acknowledge and agree that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement.. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 66. lVIiscellaneous. 26 5-67 DRAFT a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required in 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 lie thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, retUm 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 Fourtb'Avenue Chula Vista, CA 91910 Attn: City Engineer Fax (619) 691-5171 Developer: GGP-OTAY RANCH, L.P., a Delaware limited partnership 35 Century Parkway Salt Lake City, Utah 84115 Attn; Kris Longson, Vice President-Development Tel; (801) 486-3911 Fax: (801) 484-1650 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his 27 5-68 DRAFT attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Attachments. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. f. Attorneys' Fees, If either party co=ences 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 attorneys' fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 67, City acknowledges that Owner expects to seek lot line adjustments to acco=odate anchor tenant or purchasers. City agrees to process lot line adjustments as quicldy as reasonably possible in accordance with State and City requirements. [NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] 28 5-69 DRAFT [PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN-CHULA VISTA TRACT NO, 05-02] IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Stephen Padilla Mayor Attest: Susan Bigelow City Clerk Approved as to form: Ann Moore City Attorney [NEXT PAGE IS PAGE TWO OF TWO SIGNATURE PAGES] 29 5-70 DRAFT (pAGE TWO OF SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL MAP OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNlNG AREA PLAN-CHULA VISTA TRACT NO. 05-02] DEVELOPERJOWNER: GGP-OTAY RANCH, L.P., a Delaware limited partnership By: GGP-OTAY RANCH L.L.C., a Delaware limited liability company, its general partner By: GGP/Homart II L.L.C., a Delaware limit liability company, its sale member By: ~~ , ...,..M- Qt,~""1;",L An Authorized 0fIiGsr (Attach Notary Acknowledgement) 1:\Engmeer\Landdev\Prnjects\Otay Ranch Village 12\OR_254F\FreeWRY Commcrcial-SSIA.sh.doc 30 5-71 DRAFT STATE OF UTAH ) ss. COUNTY OF SALT LAKE ) On this 13th day of May, in the year 2005, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Michael C. Frei, personally known to me to be the person who executed the within instrument as Authorized Agent on behalf of GGP/Homart II L.L.C., the entity herein named, and acknowledged to me that the corporation executed it. ~q4 U. fJud lene a A. Priet - Notary Public Residing in Salt Lake City, Utah My commission expires September, 2007 ~ NOTARY PUBLIC ~~ LENETTA A, PRIET i ~ 158 East 3160 South \~ ." ~ Salt Lake City, Utah 84115 ~+ My Comm. Exp. Sept. 1, 2007 IU~. STATE OF UTAH 5-72 DRAFT List of Exhibits SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL lVIAP OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN-CHULA VISTA TRACT NO, 05-02 Exhibit A Legal Description of Property Exhibit B Resolution 2004-418 Approving Tentative Map and Associated Conditions of Approval Exhibit C Treatment Control Private BMP Facilities Exhibit D Maintenance Responsibility Map 31 5-73 DRAFT Exhibit "A" Legal Description of Property Real property in the City ofChula Vista, County of San Diego, State ofCalifomia, described as follows: Parcel A: Parcel 2 of Parcel Map No. 18481, in the City ofChula Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, May 31, 2000 as Instrument No. 2000-283684 of Official Records. Excepting there from that portion thereof conveyed to the City of Chula Vista by Irrevocable Offer of Dedication of Fee Interest recorded May 22,2003 as Instrument No. 2003-0604600 of Official Records, Acceptance of Irrevocable Offer of Dedication of Fee Interest recorded May 22, 2003 as Instrument No. 2003-0604601 of Official Records and conveyed to the State of California by Grant Deed recorded May 22, 2003 as Instrument No. 2003-0604607 of Official Records. Also excepting therefrom that portion thereof conveyed to the City of Chula Vista by Irrevocable Offer of Dedication of Fee Interest recorded March 4,2005 as Instrument No. 2005-0181417 of Official Records, Acceptance of Irrevocable Offer of Dedication of Fee Interest recorded March 4, 2005 as Instrument No. 2005-0181418 of Official Records and conveyed to the State of Califomia by Grant Deed recorded March 4,2005 as Instrument No. 2005-0181419 of Official Records. Together with that portion of said Parcel 2 of Parcel Map No. 18481 conveyed by Quitclaim Deed recorded March 4,2005 as instrument no. 2005-0181410 of Official Records. Parcel B: Lot "F" ofChula Vista Tract No. 01-11 Otay Ranch Village 11 "A" Map No.1, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 14559, filed in the Office of the County Recorder of San Diego County, March 17, 2003. 32 5-74 Exhibit "B" Resolution 2004-418 Approving Tentative Map and Associated Conditions of Approval - RESOLUTION NO, 2004-418 -. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDMSION MAP FOR 86.9 ACRES OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNIN'G AREA PLAN-CHULA VISTA TRACT 05-02 WHEREAS, the property 'which is the subject matter of this resolution is identified as Exbibit "A" attached to City Council Resolution 2004-417 and described on Chula Vista Tra<::t 05-02, and is co=only knO'WD. as Otay Ranch Freeway Co=ercial Tentative Map, ("Property"); and . . WHEREAS, a duly verified application for the subdivision of the Property in the fo= of a tentative subdivision map knO'WD. as "Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02", ("Project"), was filed with the City of Chula Vista PlaDD.ing and Building Department on July 29,2004 by General Growth Properties, ("Applicant"); and WHEREAS, the application requests the approval for the subdivision of approximately 86,9 acres of land locatedwest of Eastlake Parkway and south of Olympic Parkway and north of Birch Road within Otay Ranch Freeway Co=ercial SPA into seven lots; and WHEREAS, the development of the Property has been the subje<::t matter of the 0ta1 - Rancb. General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the enviroDPiental evaluation of said ~ GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No, 90-01, SCH #9010154 ("Program FEIR 90-01 "); and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for complian<::e with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 02-04 and addendum. The Environmental Review Coordinator determined that no conditions descnoed in Section 15162 and 15163 of the Stme CEQA Guidelil1es calling for the preparation of a subsequent document have occUI!ed; and WHEREAS, the Planning Commission set the time and place for a hearing on said "Otay Ranch Freeway Co=ercial Tentative Map, Chula Vista Tract 05-02", (pCS-05-02) and notice. of said hearing, together with its pmpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior. boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m, on November 10, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission reco=ended approval of the Project and said hearing was thereafter closed; and WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on proposed "Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02", .- (pCS-05-02). 5--75 -- .-------..--.--- Resolution 2004-418 Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows; 1. PUNNING CONfMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 10, 2004, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, and all documents identified in Public Resources Code Section 21167,8, shall comprise the entire record of the proceedings for aily California Enviro=ental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in Second-TIer Final EIR 02-04 and addendum would have no new effects that were not examined in the said Final EIR (Guideline 15168 (c)(2)). ill. ACTION The City Council hereby approves the resolutIon approving the Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02, (PCS-05-02) involving 86.9 acres of land known as Otay Ranch Freeway Commercial Tentative Map in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Freeway Commercial SPA Plan, and all other appllcable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support its approval and Implementation, IV. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473,5 of the Subdivision Map Act, the City Council finds that the Freeway Commercial Otay Ranch Tentative Map, Chula Vista Tract 05-02, (pCS-05-02) as conditioned, attached as Exhibit "EM to this resolution, herein for Applicant, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Freeway Commercial Sectional Planning Are.a (SPA) Plan, based on the following: 1. Land Use The Proj~t is in a planned area that provides regional commercial uses authorized by the Freeway Commercial Sectional Planning Area (SPA) Plan. 2. Circulation All of the on-site and off-site public and private Improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Freeway Commercial SPA Plan, The Applicant shall con.struct those facilities in accordance with City and the Freeway Commercial SPA Plan standards. 3. Housing 5.--7G Resolution 2004-418 Page 3 - The project is entirely commercial as planned irI the Otay Ranch GDP and Freeway Commercial SPA Plan and therefore has no housing componeDt. 4. Parks, Recreation and Open Space The project is entirely commercial as planned. irI the Otay Ranch GDP and Freeway Commercial SPA Plan and therefore has no park requirement. 5, ConservaTIon The Progrmn EIR and FEIR addressed the goals and policies of the Conservation Element of the Genera! Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1. I 8 acres of land to the Otay Ranch Preserve for every I -acre of developed land prior to approval of any Final Map. 6, Seismic Safety The proposed subdivision is in confo=ance with the goals and policies of the Seismic Element of the General Plan for this site, No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch Plamring Area 12 - Freeway Co=ercial SPA Geotechnical RecoIJIJaissance Report. 7. Public Safety - All public and private faciliTIes are expected to be reachable withID the threshold response times for :fire and police services. 8, Public FaciliTIes The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories, 9, Noise The Project is not a sensitive receptor, however, all buildings are required to meet the standards of the Uniform BuildirIg Code with regard to acceptable interior noise levels, 10, Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway, the only General Plan, Otay Ranch GDP scenic highway adjacent to the Project. 11. Bicycle Routes The Project is required to provide on-site bicycle routes on Olympic Parkway, - EastLake Parkway and Birch Road as indicated in the regional circulaTIon system of the General Plan and the Otay Ranch GDP. 5--77 Resolution 2004-418 Page 4 12. Public Buildings Public buildings are not proposed or required on the Proj ect site. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. V, CONDITIONS OF AFPROV AL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "Boo, attached hereto. The conditions set forth in Exhibit B supercede all previous tentative map conditions for the Property. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. mv ALillITY It is the intention of the City Council that its adoption of this resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, the City Council shall retain its sole discretion to determine how to correct any deficiencies identified by the court, which may involve the revision of terms, provisions or conditions not otherwise affected by the Court order. Presented by Approved as to form by CA.- fVIv..~ Ann Moore City Attorney 578 Resolution 2004-418. Page 5 PASSED, APPROVED, and ADOPTED by the City Council of the City of uula Vista, California, this 14th day of December, 2004, by the following vote: AYES: Councilmembers: Castaneda, Davis, McCann, Rindone and Padilla NAYS: Councilmembers : None ABSENT: Councilmembers: None ATTEST: -~.l..J ,It , ..-=3.~ ~ ~ Susan Bigelow, MMC, City lerk 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. 2004-418 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 14th day of December, 2004. Executed this 14th day of December, 2004. ~-/.I j I;. . ~~()~ Susan Bigelow, MMC, City Cler .- 5---79 DRAFT - EXHIBIT B GENE:RAL/ PRELIMlNARY 1. The following conditions of approval are based upon the project having one FLnal Map for the cnfue subdivision, which shall be referenced hereinafter as "Final Map". Unle3S otherwise specified, all conditions ami code reqW=ents listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the Final Map, (Engineermg) 2. All of the teIm.s, covenants and conditiOIJII con mined herein shall be binding u:pon and inure to the benefit of the hciIs, successon, assigcs and representatives of the Developer as to any or all of the Property, For purpose:s of this doc=t the t= "Developer" shall also mean "AppJicant". "Ovroers" refers to the property OWIlCI"S whose land is CQIrtajned, in the Freeway Comm=ial SPA Plan, "Projecf' 5b.all m~a.n the am",!rlm~ to the: Plamrl:ng Area 12-Freeway CommercialSedional Plamring Area (SF A) Plan. The COIlditiODS of 3p1JIoval applicable to the Applicant contained herein supersede previous SPA plan ConditiODS IIppI'OVed by the City Council on April 1, 2003. (Engi7Jt;ering. Pla1!1ling & Building) 3. Applicant shall comply, remain in compliance, 8Ild implement the terms, conditions and . provisions, as are. applicable to the Property of: 1) Otay Ranch General Development Plan (GDP); 2) Freeway Co=ercia1 Sectional Planning Area. (SPA) Plan (as amended); 3) Final - Envi:ro=en'tal Impact R::part (ErR) for the Freeway Co=c:rcial (EIR. 02-04 and addend= to EIR 02-04; 4) Freeway Commercial Public Facilities FinancIDg Plan approved by thc: City Council on November 9, 2004 and the Freeway Co=ercial Planned. Comm11T1ity District Regulation and Land Use Map approYed by City Council Ordinance No. 2'377 on September 21, 2004: The Applicant shall enter into an. agreement with the City, providing the City with such security (incluwg recordation of COYCIWlts .runrJ.ll:lg with the land) and impleIIlentation pro<;c::dures as the City may req1Jire to comply with the above regulatory documents, Said AgrceIIlent shall alao ~e that, after approval of the Final Map, the Applicant will continue to comply, remain in complia:nce, and implement such Plans. (planning ~ Building) 4. Applicant shall submit and obtain the a-pproval of the City of a Final Map cOTl'b;,!,\;'!'1g 'the ent~ Project's area sbowing lots cO=sp<Jnding to the lots OD, the Tentati've Map. S.aid Final Map shall also show open space lot dedications, the bacl<;bqne street dedics.tiODS and utility easements required to serve the lots created by this Final Map. All lots =ated by this Final Map shall haye access or be provided an access easement to a dedicated public street, A lot line adjllstment, if utilized in accordance with City standards 8Ild procedures, sh2ll not be considemi the Final M3F. (Engineering) 5. In the event of a filing of a Final Map much requires ov=izing of the improyements ~ce:s~ to serve other properties, said Final Map shall be required to include the iDstalJa.iiOIl of all necessary improvements to serve the project, plus 'the necessary improvements for ov.erming of facilities required to serve S11!:b. athc:r properties. At the request of Applicant, City shall .- consider fonnation of a. reimbursement dirtrict or any otJJ.er reimbursement mechanism in accordance with the restrictions of State Law and Ci.ty ordinances. (Engineerillg) 5--80 DRAFT 6. If Applicant d~ir~ to do certain work on the property mer approval of the Tentative Map, but prior 'to re.:ordation of the applicable Fina..! Map, he may do so by obtaining the rcqwed approvals and pennits fiom the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regula:tions and polici~. Said pemdts do oot constitute a guarantee that subs~ submittals (1.e" grading or improvement plans) will be approved. All work pcrfo=ed by the Applicant priO!' to approval of the applicable FiMI M2.p shall be at Applicant's own risk. Prior to issuance of a grading and/or construction permit, the Applicant shall acknowledge in miting that subsequent submittals (i.e., grading or improvement plans) may require ex:t=ive changes, ~ Applicants cost, to work done under such early pe=it. Prior to the issuance of a permit, th~ Applicant sb.al1 poot a bend or other ~curity acceptable to the City in an amount determined by the City to guarantee the' rehabilitation of the land if the applicable Final M4p <ioes !:lot recOTd. (EJ1gi7'leerrng) 7, If any of the ternu;, covenants or conditions contained h=in sball fail to occur, or if they are, by their tetms, to be implemented and J1'1.i."rni-ned ove! time, and if any of such conditions fail to. be so implemented and maintained according to their t=s, the City shall have the right to revoke or modify all ar1rni,.,;~tive approvals to which the t=, covenant, or conditioIl applies, Lncluding issuance of building per.mits; deny, or further condition the subsequent approvals that are derived fiom the approvals haeLn granted; instiMe aIJd prosecute litigation to compel compillmce ..ith said conditions and/or seek damages for their violation. The Developer shall be notified ten (10) days Ln advance prior to any of the above actions being taken by the City and shall De given an opporo..mity to remedy any deficiencies identified by the City within. a. reasonable and diligent time frame. (Engineering. Plcm7'ling & Building) 8. Applicant shall indemnify, protect, defend and hold the City bannless from and against any and all cWms, liabilities and costs, includiDg reasonable attorney's fees, arising frem challenges to to enviro=ental review for the "Project.I! Applicant and Owners shall indemnify, protect, defend and hold the City harmless from and against any and aU claims, liabilities and costs, including reasonable attorney's fees, arising from challenges to entitlements and approvals issued by the City in connection with the Project. (Engmeering, Elrvirorrmenral, Plannmg & Build0g) - 9. A:n.y and all agreements that the Applicant is req11.i.=i to enter into heretmder shall be in a form approved by the City Attomey. (City Attorney) 10. The subsequent deyelopmmlt of a parcel which does not require the filing of a subsequent Final Map shall meet, prior to issuance of a building permit for that parcel, all the appli~le conditions of approval offue Tentative Map ConditioIJ5, as dete:rmined by the City Engin~ an-d Director of Planning and Builcli.ng. (planning and Building, Engineering) 11. Unless otherwise specified, "dedicate" means grant the app.v}'!late easement, rather 'than fee title. Where an easCInent is required, the Applicam shall be required to provide subordinatio.D of any prior lien holders Ln order to e~ that the City h&; a :Elm priority inte~t in such land unless otherwise excused by the City. %ere fee title is grcmted or dedicated to the City, said fee title shall be fiee and clear of all encumbrances, unless other;:vise excused by the City. 12, The appIicant shall comply with all applicable Freeway Co=e:rcial SPA condItions of approval, (pCM 04- I 5) as may oe amended from time to time, (Plarming and Building) 5-81 DRAFT - 13. The a;pplicaIlt sbaIl comply mth the tem!s of the Conveyance Agrc=ent, as may be am~ded from time to time, adopted by Resolution No. 18416 by the City Council OIl CXtiJber 21, 1996 ("Conveyance Ag:rccment"), (Ptt17ming and BldldiMg) 14. mor to approval of the Final Map, Applicant shall submit and obWn approval ofa revised . Otay . Ranch Plamring A1ea 12/Freeway Co==i.al (C,V.T, 05-01) Maintenance RespoIlSJ."'billiy Map for me Project from the Director of PJ""";"E; and Building and the City Engineer. which sbaIl iadude delineation of private and public property. A digital cop)' of the Maintenance Responsibility Map shall be submitted to the City prior to approval of said Final Map to the sat:is.factiQn of the City Engineer. (plannmg and Building, Engineering) 15. Prior to approval of the applicable site plan by the Design Review Co;n:mittee, Applicant shall demoDStrate to the satisfaction of the City Engineer and Director of Pl.""i11g and Building thm the proposed site plan design mcorparates the followfug features; 1. All right iDlout locatiom provide fQr straight tb.rough ci:t=la.tion without the blocking of . any parldng spaces; and 2. En= that intemal circulation will limit vehicular egress at the right i:nIright out aGcess proposed along E2.stLa.ke Parkway to the satisfaction of the City Engineer, ENVIRONMENT ALlPRESERV ATION 16. Th.!: Applicant shall comply with all applicable requh'emcnts of the California State Wat~ - Rescrurce:; Q11ality Control Board. (planning and Building) 17. Impl=e:nt, or cause the implemen1ation of aU mitigation mea.:rure~ pertaioing to the Project identified in the F:inal EnvIDmmental Impact Report (EIR) for the Freeway Commercial (ErR. 02-04) and addendum.. Any such measures not satisfied by a specific condition of thiI3 Resolution or by the project design. sh.a.11 be im.plemented to the satisfaction of the Director of Planning and Building. (planning &: Building) 18. Applicant shall comply with au applicable requirements of the Califomia Department of Fish and Game, the Califomia State Water Resources Quality Control Beard, the U,S, Fisb and Wildlife Savice and the U,S. AImy Corps of Engineers. PriQr to any activity that may potentially impact biologi~ r==~, S1Jci! as cleariDg and grubbing, the Applicant shall comply with all applicable requirements prescn"bed in the:: Otay Ranch GDPlFrceway Co=erdal Enviromnental Impact Report EIR 02-04 (SCH #1989010154), and Mitigation Monitoring and Reporting Prognm. If any pennits ate required to be obtained by ApplicaJ:lt, Applicant sball obtain said permits with applicable agencies in consultation with the City. Applicant shall obtain said permits with applicable agendes in consuhatio:n with the City, 19. The Applicant shall comply 'With the take permit/authorization from the U.S, Fish and Wildlife Service and Caliiomia Department of Fish and Game, and comply with the approved City of Chu!a Vi&a MSCP Subarea Plan. (Planning and Building) ._- 20. Applicant shall comply with all requirements a:nd policies of the Ota.y Ranch. Re.source Management Plan (Ri'ill') as approved by City Council on October 28, 1993, and Ota.y Rench, Phase 2 Resource Manag=ent Plan (RMP2) as.approved by City Council 011 June 4, 1996, and 5--82 DRAFT ~ may be amended from time to time by the City. (PICl117li7Jg a7Jd Buildillg) 21. The applicant shaJ] comply with the requjrements and policies of the Otay Ranch RcsolII'te Mam.gement Plan "Preserve Conveyance Schedule" as approved by City Council On J1me 4, 1996, as ma.y be amended from time to time. (FllI1'!l'Jmg and Building) 22. SrmuItaneously willi conveyance of land to the Preserve OwnerIMaIJager (paM) in fee title or by ea.s=ent, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the mamteDance of existiJJg fencing or gatiDg, if sufficient, or the construction of new fencing or gating, if deemed neces;sa:ry by the City, that cattle fr= adjacent BIe3S cannot access the land being conveyed. (Plcmmng cmd Building) 23. Prior to the "Pproval of the Fi:naI Map for the Project, the Applicant m1JSt d=oI1S1:nte to the satisfaction of the City Engineer and the Dnectcr of Planning and Building that the enme Project has been annexed into C.F,D. 97-D2 for the maintenance, minag=ent, and monitoring of the Otay Ranch Preserve per the reqWrements of the Otay Ranch Resource Management Plan (RMP), Ph= 2. (ElIgineeri11g. FlaMmg and Bl.I.ildrng) 24. The Applicant a:nd Owners shall convey fe::: title, or upon the consent of the Preserve OvmcrlManager (pOM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Ma:nagement Plan (RMP), to the POM upc:m the recordation of eacl;J.'Final Map for an aznount of land equal to the Final Map's obligation to convey land to the Preserve. Whe:re an easement is conveyed, the Applicant and Owners shall be required to provide subordinarion of any prior lien holders in order to == that the POM ~ a :first priority interest in such land. 'Where consent and subordination c=ot be obtainc:d, the Applicant and OwneD shall convey fee title, Where fee title or an easement is conveyed, access to the satisfaction of the POM sha1.l alS1) be conveyed. 'iVhere an easement is granted, each Tentative Map is subject to a condition that f~ title shcll be granted "UpOn d=d by the POM. The Applicant and Owne:rs sba11 irrevocably offer for dedicatiOIl to the City or its designee, fee title, upon the recordation of each FmaI Map for an amount of land equal to the Fi:nal Map's obligation to convey land to the Preserve. The Applicant and Owner!! shall maintain and manage the offered conveyance parcel consistent with the Phase I and 2 RN!P guideljIJ.es until such time when the POM has accepted the conveyance pw:el. (plcmningand Building) SUBDMSJON DESIGN 25, Prior to the issuance of any rough grading pemrit proposing to grade individual lots and/or public streets for the P!oject, Applicant shall submit a st1+dy showing tmct: all curb re1=:! for any intersection proPQsed to have centerline grades in exc:::ss of four pe1'crnt, located within the p=it boundaries comply with ADA standarw at the front and ba.ck af side-waJks to the satisfaction afllie City Engineer. (ElIgineerillg) 26. Install all street trees OIl public streets in accordance with Section 18.28.010 of the Chcla V!3ta Municipal Code, the City' s Landscape Manual and approved CJ:'oSS-s-ectiOIlS in the Otay Ranch Planning Area 12JFreeway Commercia! SPA Plan; or as otherwise approved by the Direct!)r of General Services and Director of Public Works Operations. Applicant agrc<:s to provide any and all sp<:cial tree installation conditions as reque:rt<:d by the Dll'ectot of General Services. 5-83 DRAFT Street trees sball be shown OIl street landscape and irrig;;:tiOD plans submitted fur approvcl by the Diro:tor of G:nera1 Services and the Di:rector of Public Works Opcrati= prior to, or concurrent with the second submittaJ. of street improvement pIms wi1hm the Stlbdivis:ion, Approval of the street 'lIce improvement plam shall coDStitate final approval of the species selection of street trees.. Location of trees and planters sba11 be cOlltingeIl1 upon. the location of 5~ signs, Ulldl:!' no dIClJIIlstmce sh.aIl a. tree or sbrub block the visibility of !lIlY street sign, regulatory, warning or guide 1l"a:ffi.c mgns. (Public Worb, General Services) . _ 27. Any proposed mon=ent :rigcage shall be co:c.sistent with the Freeway Commercial SF A !IIld Freewa.y Co=ercial Design Plan, as amended, and shall be reviewed !IIld subject to the approval of the DiIector of Plamring and Builcfutg prior to approval of the appropriate Final Map. (plcm.ning and Building) STREETS. RIGHTS-OF-WAY & PUBLIC IMPROVEMENTS 28. Provide security in accordance with cbapter 18.16 of the Municipal Code, and co!lStr1J.ct :full improvements for all public improv<:ments sbown On the Tentative Map vvithin the subdivision boundary or off.site, as deemed necess:uy by the CIty Engineer to provide service to the subject subdivision, in accordance with Cb:ula. Vista Design Standards, Chula. Vista S1rects Standards, Chula. Vista Subdivision Manual, and approved Tentative Map, U1l!ess otberwise approved by the City Engineer. Said public improvements shall include, but are not limited to, asphalt concrete pavement, b~, curb, gutter and sidewalk, sewer, drainage facilities, water quality -. BMPs, rom lights, traffic signals, signs, striping, .fire hydr3nts and transitions to existing improvements in the manner requh-ed by the City EIlgln=. If improvement plans have been approved by the City, the am01JD.t of the security for the above nQted improvements sh.all be 110% of the comtro{:tlO!l cost estimate approved by the City Ez:tgineer. If improvement p1.mJs a:re being processed, 150% of approved cost estimate. Or, if improvement pLans are not being proc=ed by the City, 200% of comtruction cost estimate approved by the City Engineer. A les= p=tage may be required if it is demoIlStmtcd, to the satisfaction of the City Engineer, that sufficient data. or other info=a.tion is available to warrant such reduction. (Engineering) 29. If Applicant proposes multiple building permits, Applicant shall submit and obtain approval of a development phasi.qg plan from the City Engineer and Director of Ph"nin& and Building prior to LsS'UaIlce of any buildi:ng per.mit. The p!wi:ng plan shall include: a. A site plan showing the lot lines !IIld lot numbers, the pha.:!c lines and phase numbers, and proposed building square footage in each phase; and b. A table showing the phase number, the lots included in the phase and the proposed building square footage mc!uded. in each phase. Improvements, facilities and dedications to be provided with each phase sha.l1 be determined by the City Engineer and Director of Planning and Building. The City == the right to require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the drcu1ation requjIements of Police !IIld Fire Departments. The City Engineer and -- Director of Planning and Building may, at their discretion, modify the sequ= of improvem<:nts and construl:tion Mould conditions change to wimant such WYisio!lS(s). (Engineering, .Plai'l7!ing tmd Building) :; -P4 ~-- DRAFT 3D. Applic3I1t sball enter into an agreement with the City to accomplish the fallowing: It. Construct and secure all the street improvements ide:nt:ified in Table A below; b. Complete to. the satisfa.ction of the Ci"ty EngiDeer said street improvements or th.at portion th=f s:rving any building or structure I""..3dy for occupancy prior to issua.n.ce crf any certificates of ClC3I8!lce for utility connection for said blIilding or ~cttIre. (Engine erirzg) Tab!. A Pub!ic Strett! Re411ired to b. Co""tru~ted by Fruw3}' Commercial ~cription Exclusive right turn lanes inlc the ?reject alang E<.stLak. Parkway Town Cent!:r Driy. from Olympic Parkway to FC-2 line . Bm:h Road from SR- !25 to EastLake Parkway 31. ~gn all public s~ vertical and horiZDnt.aI C11l"VeS aDd intersection sight distances tb confo= to the CalTrans' Highway De3ign Manual and City Standaxds. All ~ts, which intersect other streets at or ne&' a horizontal or vertical C1.1IVe, 5ha11 meet intersection design sight distance requir=ents in accordance with City Standards. When a conflict betwe:n the CalTrans Highway Design Manual and adopted City standards exists, the adopted City standards shall prevail. Lighted sag vertical curves may be penn.itted at mtetsections per AASHTO standards md with appro'llal of the Cit-j Engineer, . The streets subj ect to this condition <!Ie: a) Public Streets i. EastLake Parkway ii, Birch Road ill. Town Center Drive b) Private Streets i. ID.tema1 ring road i1. Stre=t "An ill. Street "B" (from EastLa.k.e Parkway to ring road) i'll. Street "C" (Engineering) 32, Construct sidewalks aI!d pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standaxds, as approved by the City Engin=, ID. the event the Federal Gove=ent adopts new: ADA standards for street rights-of-way which are ill conflict with the standaxds arid approval.s for the Proj ect, all such approvals coDflicti:ng '."fith those new standards shall be updated to reflect the new standard:;, Unless ollierwi:se required by fcderallaw, City ADA standards may be considered vested, as det=ined by federal regulations, once construction has co=enced. (Engineering) . 33, Grant sight visioility easements to the City of Chula Vi$ta as required by the City Engineer at public streets or public rights-of-way, to keep sight visibility areas clear of any obstructions. 5~8j DRAFT Sight visibility easements s.hall oe shOWIl on gradic,g pl=s, improy=ent pLa.ns, and Final MJlPs to me sati.sfactiOll of the City Engin~, Sight viSJ.oili:ty cas=e.n1s s1ia1J. be granted as ne=ary to comply with the requirements in the CalTm.ns Highway Design Manual and City of Chula. Vista. standmls. (EngiMeri1!g) 34, Constr\.l.ct, and/or provide security for trnffic sigtta! mt=oIIIlect conduit and all appropria.te wi:ri.ng as depicted on the approved improYl:Clent plans for ail propo<!e.d signalized intersectio.ns to the satisfaction of the City Engineer. (EngiMering) 35. Applicant shall install all conduit.:! and interconnect improvements for the ~ traffic and/or pedestrian signals associat<:d with the proposed BRT line and sta:tions as depicted on the appIoyed im:proverqem. plans in conjUIlction with the construction of the :relate<:! str~t improvements to the satisfaction of the City Engineer, (Engi71tlering) 36, Prior to the Design Review <Ammit!ee approval fox the project, Applicant shall submit and obtaiD the approval of the City Engineer and Pirector ofPlamring and Building of a desi~ for that portion of Street "B" located wostcrly of the internal loop road which shall identify 1) all those onsite and omit<: improyements a:nd!crr facilities that: need to be con.structed by Applicant for providing adequate vehicular and pedestrian drculation and 2) a. conc.."'Ptual design and location of neck-doWIlS and/or other traffic cUmmg features, as descnoed in the Freeway Co=ercial SPA Plan, as amended. (Engineeril1& DtJ-ectol' of PW7l7!i11g and Building) .-- 37, Agree to iDstall pe=anent public street name signs prior to the iSS1laIlce of the fust buildmg permit for the Proj eet. (El1g1neeril1g) 38. Acqtrire and then grant to the City all off-site rights-of-way and easl:ments necessary for the i.nstallati01l of req'UiRd street improvements and/or utiliti~, as .shown on th~ Tenta1.iye Map, (Engineeril1g) 39. NotifY the City, Irt least 60 days prior to comideratiOIl of the: a.pp1ova], of the applicable Final Map by Ci1y COUIlcil, if off-site right-of-way a:c.d eas=ents CaIJD.<Jt be obtained as required by these conditioDS, (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are cDyered by this condition.) After said notificmion the Applicmt shall: a. Pay the full cost of acquiring off-site right-of-way or ==en1s req1riIed by the Conditions of Approval of the TentatiYe Map. b, Deposit with the City the estim<rt.ed cost of a.cqulling said right-of-way or easemen1s. Said estimate is subj ect to the approya], of the City Engineer. c, Have all right-of-way andIcrr easement documents and pla1s prepared and appraisals COJJ:1pletc, as nec~Sa.ry to commence conde=tion proceeding, and as detcnnin~ by the City Engineer. _. d. Request that the City USe its powexs of EnrineIrt DOIDain to acquire riglrt-of-way, easements, or licenses needed for off-site improyement.:!, or work related to the FiDal Map, The Applicant shall pay all costs, both direct and iD.dir~t, inc=d in said acqujsition. S --8 S DRAFT I'tem5 a, b, a.."ld c above shall be accarn.p1ish~ prior to the approval of the a.pplicable Final Ma.-p. (Engi7Jeering) 4D. Applicant shall CIlt."'l'into an agreement to construct av.d secure all those improvemerrts deemed necessary by the City Engineer to provide a fully actuated tra:ffic .signal irlcluding ID:te:rcOJJ1lected wiring at the fallowmg intersections: 1, Olympic Parkw'ay and T owe. Cmter Drive, 11. Bin:h Road, av.d Streets "A" and HC" lll. EastLake Parkway aDd Street "B~ iv, Birch Road aDd EastLake Parkway The App1i=t shall fully design the afor=entioned traffic signals m conjunction with the improvement plms far the ~lat::d streets, (Engi7J~el'i7lg) 41. s.treet cross sections sball coDioml. to the cross sections sho'9l!l. on the Tentative Map, unless ~therwise conditioned or approved had:n. All otha design criteria shall comply mth the c=ent ChuJa Vista Design Standards, ChuJa Vista. Street Design Standards, aDd the. ChuJa .vista Subdivision Manual unless otherwise conditioned or approved herein. ~ngilJeenng) 42. Submit to BIld obtain approval by the City Engm= of striping plans for all collector or Jrigher clas.sificmo:n streets simultaneously with the associated imprciv=ent plaIlS. (E7zgineering) 43. Prior to a.pproval of the Final :Map, or issuance of a construction permit for the constroction of Bin:h Road, Applicant s.ball provide evidence satisfactory to the City Engineer demons<rating that the proposed design of Birch Road meets all the Caltra:ns "access co:ntrol" requix=ents. (Engineering) 44, ApplicllIJ.'t sba.ll comply 'riith all the ApplicaDt lcqui:rcments of the Updated Intcma.1'Circu!a.tion Study for the Proposed Otay To'WIl Center, dated August 13, 2004 and prepared by Darnell and Associa:tes, and any revisions thereto approved by the City E:ngi:ceer. (Engineering) 45. Provide graded vehicle access to all public stc= drain clean-outs and/or detention facilities, m ~plemellt other access solutions approved by the City Engmeer. Public stann drain cl=-out:! shall not be loca:ted on landscaped &lop::s or inaccessible area.s for maintenance equipment. (Engine e1"ing) 46. Dra:ina.ge shall be collected in an inlet and earned to the bottom of any slope in an 1J:Ildaground storm drain, jf the slope is over 1 D feet in height and steeper than 4: 1. (Engineering) 47. . Prior to approval of each grading plan, demonstrate -the adequacy of existing downstream ~age facilities or include, in the grading plans, the constructio:n of additional temporary detcmion facilities, to ensure that the discharges after development are ~eyed by exi$:ng do'W!!stream. drainage facilities to the satirl'action of the City Engineer. AppllC<Jn1: sba1J. enter into an agreement with the City, where AppliC3Ilt agrees to provide for the mamten.3l1Ce of said fadlities until S1lch time as they are replaced by pennanen1 facilities approved by the City. (Engineering) 5m87 DRAFT ., ,do Construct a protective fencing system ax<l1JI!d all proPQsed det.-ml01l and/or desiIti:ng fucilities .". and the inlets and outlds of stonn dram. structures and water quality BMPs wit!rin the projea, as deteImined by fue City Engineer. The fiDaI fencing design and type~ of CO:tJIJtruction materials shaI.I be ~bj~ to approval by 'the City Engineer and :Director of General Services. (El'Ioai7U!ering. Gel/oal Services) 49. Submit to and obtain approval from the City Engine1:I" and Director of G~~ Servi~ of an erosion and sedimentation control plan as part of gra.d:ing plans per City stand.a.rd.s. . (Engineering, General Senices) 50. Locate lot lines at the top of slopes except as shown on the Tentative Map Of as approved by the City Engineer and DiIector ofPl~T1TT'ng and Building. Lot3 shall be so graded as to drain to.the street Or an approved drainage system. Drainage sha.ll not be permitted to flow over slopes or onto adjacent property exciOpt as shown on. ihe Tcnt!ctive Map or as approved by the Cit-j Engineer and Director ofPlamllng and Building. (Engineering, PZ4Tmi-ng and Buildmg) 51. Design and construct all grading and pad elevations to be within 3 feet of the grades and elevations shown on the approved Tentative Map or as otherwise approved by the City Engineer and Director of Planning and Building. (Engineering, Plaming rmd Building) 52. Obtain and 5Ubmit to City staffnotar1Zed letters ofpcmrlssion for all off-site grading wcrkpriof to issuance of grading pemrit for work requiring said off-site grading. (Engmeering) _. 53. Design and construct all public stonn drains as cl= to perpendicular to the slope coutows as feasible, but in no case greater than 15 deg:re.es from perpendiC'lJ1ar to the ;:onto=. (Engineering) 54. Provide a minimum of three (3) feet of flat gro1J:Ild access from ihe face of !!IlY wall to the beg; ,.,,.,ing of the slope I01.JJldiJ:J.g for wall maintenance, u:c1css otherwise approved for slopes by the City Engineer and the Director of Plarming and Building. (Engineering, Pla1llling and Building) 55, Prior to isS1.l!Ulce of grading pet!Iliis, Applicant shall deroonstra:te that the gnding plans are in 5Ubstantial ;:ompliance with the grading outlined in. the Tenta:tive Ma:p. (Engineering. Planning rmd Building) 56. Construct energy dissipaters at all storm drain outlets, as required by the City Enginee1' to ma:w:tain uon-erosi ve flow velocities. (Engine ering) 5-7, DC5ign and cOIlStruct the indinauon af each em or fill surface, resul'ting in a slope, to no~ be stc..jJer than 2; 1 (two horizontal to one YmJcal), exccp1: for minor slopes as herein defined. Ail constructed minor slopes shall be designed for proper stability ~nsidering both geological and' soil properties. A minor slope ma.y be const:rocted 00 steeper than one md one-half' horizontal to one vertical (I.5: 1) contingent upon: .- a. Submittal and approYal of reports by both a soils eng1ne1:I" and a certified engineering geologist containing the results of surface and sub-surface exploration, 'and analysis. These results sho1.1ld be sufficient for the soils engineer and engineering geologist to certify that in 5-88 ---. --- DRAFT their professian.aI opinion, the unde:rly:a;.g bed....7'(Jck md soil supporting the slope have strength charac1:eristics sufficient to proYide a stable slope md will not pese a danger to persons or property. b, The installation of an approved slope planting progrmn and irrigation system.. c, "Minor Slope" 1:; defined as a slape fam (4) feet or less m vertical ~cnsia:zJ' in either cut or fills, between parcels and not parallel to any roadway. (EngiI1Uri7lg) 58, Co.nstruct temporary desilting basins at ail discMrge points adjacent to drainage courses or wh= substmtiaJ drainage alteration is pro~d in the grading plan. The exact d~gn and location of sucb. facilities sba1.1 be based on hYdrologicall!J.odeling, and detem.ined pursuant to direction by the City Engineer. (EngineerilJg) 59. 59, The Development shall comply with all operational regulations established by the United States &:vi:ronmental Protection Agency (USEP A), as set forth m the National PollU1ant Discharge f.1imiT'l::!tion System (NPDES), p=rit requirements for urban runoff and otonn water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to fue NI'DES regulations or requirements. The development shall wo comply with all structuIa.l. requirements of such regulation as they apply to each building pem:tit at the time of building permit isS1laIlce . FUrther, the Applicant shall file a Notice of Iment with the State Water Resources Con'trol Board to obtain coverage under the NPDES Genera..! Permit for 8to= Water Discha:rges Associated with Construction Activity and shall implement a Sto= Wata POUUtiOll Prevention Plan (SWPPP) concurrent with theco=encement of grading activities. The SWPl'P s1lall incl1Jde both co.nstruction and post constructicm poIl1rtion prevention ~ pollution control.measures and shall identify funding mech~T'li'<T'n,S for post COnstructiDD control measures. The Applicant shall c=ply with all the proYisions of the NPDES and the Clew. Water Program during and after all phases of the development process, including, but not limited to, ma.3S grading, rough grading, COIlstruction of meet and landscaping improv=ents, and coDstructi.on of dwelling units. The Applicant shall design the Project 51= drains and other draillage facilities to include Be:!t Management rnctke:s to miT'l1m;7-C non-point source pollution, 10 the satisfaction of the City Engineer. (Engi7UIuing) 60. Applicant sb.aJl enter into an agreement with the City where Applicant agrees not to protest the formation of a facilities benefit district or any other funding mecharrism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities, This agreement to not protest shall not be de..'"I!J.ed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and sh.all net mterfere with the right of any person to vote in a secret ballot elecno!!.. The above Il<Jted agre=ent sha.JJ. run with the entire land contained witbJn the Projec1:. (Engineering) 61. DevelojJer shall comply with all of the a.pplicable provisions of the Sta:rm Water Management and Discb.arge Control Ordinance (Chapter 14.20 of the C1ru.1a Vista Municipal Code, the Development and Redevelopment Project Sto= Water Management Standard Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula Vista. SUSMP to the satisfactiQn of the City Engineer. (Engineering) 62. Enter into a maintenance agreemeIlt 'With the City, where Applicant agrees to operate and G. -89 DRAFT maintain in perp-:tuity all private p=ent BMJ's required cy tD.e Water Quality Te--..b.cical Rep<Jrt for the Project, as approved by the City Engineer. Applicant sh.a.ll submit and obtain approval from the City Engineer of a maintenance program fur the proposed pCrJDB.'Ilent BMPs. The maintenaace program shall include, but not be limiied to: 1) a manual describing the mam:t=ce activities ()f said facilities, 2) an estima.te of the cas! of S1.lcl. mainteDance activities, and 3) a funding m~SIll fur financing the mamtenance program. (Erzgineerin.g) 63. . Prior ic I:b.e 1mJance of each grading pamit, or as otherwise approved by the Director of General Services, the Applicant shall prepare, submit and obtain th~ approval of the Director of General Services, City Engin~ and Enviro=ental Review Coordinator for a landscape ar.d icrigation slojJe erosion control plan, All plans shall be prepared in ~ordance with the C'lLIrent ChuIa Vista. Landscape Manual and Grading Ordinance. Applicant sh.all install erosion control in accordance with approved plans vrithin six IIlonth.s from the co~ccment of grading. (General Services, Engineering, Planning and Building. EnviroTlmEntal) 64. All privatc 5torm drains fr= the project s:ba1.1 connect into the public storm drain system at a. rtructure such as a cleanout or catch basin. Sto= drain systems tha.t collect''I'nter from private property shall be designated private on grading and drainage mdlor improv=ont plans t.o the point of connection with a public system. or to the point at which stann water that is coll~ed from public street right-of-way, public pm or open space areas is first mtrodlJCed mto the system. Dovmstream from that pomt, the storm drain system shall be public, An encroachment permit shall be submitted for approval to the City for private sto= d1ains within the public - right-of-way. (EngineerilJg) 65. Submit with grading and dralnage and/or impl'O'Iement plans, as applicable, hydroiogic 9.J,j,d hydraulic studies and ca!culatioD5, including dry lane calculations for all public streets. Calculations shall also be provided to derooD5trate the adeq1laCY of downstream droinage rtru~ pipes and inlet:!. (Engineering) 66. Brow ditches that cross over slopes greater th2n 10 feet in height and steeper than 3: I gradient s.baJl not be allowed. Dn.Wage shall be collected in an inlet and carried via underground sto= drain to the bottom of the alope or a drain inlet cocnected to an underground stonn drain. The applicant shall ~ that brow channels and ditches ernan>rting from and/or rrmning tiJrough. City Open Space are not rowed through. private property. Brow ditches and ch;mne!s from. private property shall not be routed waugh City open space unless approved by the City Engineer. (Engineering) 67. Prior to issuance of each grs.ding permit, Applicant shall demonstrate that the grading plans are in substantial complian~ with the grading c~Jncept':i outlined in the F~eway Co==ial SPA Plan and consistent with the landform grading policies described in the City's General Plan. Said grading concepts will CI1Sure that manufactured slopes are contoured to blend with and reflect adjacent natmal slopes. (Engineering, Pla7f7ling arzd Building) SEWER .- 68. Applicant sbaI.I design a11 public sewer in accordance 'With the follo'Wing req'Uimnents: a.. Design all sewer access points (manholes) to be located at centerline of street, cul-de- 5-.90 ~ DRAFT sac center, or at the center of a. tntvel lane, llIl!ess otherwise approved by the City EngiI!c:er. b. Provide improyed all-weather paved access to all sew.:!" m.aIJholes designed with a IIJiDll:n= tIaffic index factor of 5 or other loading as approved by the CIty Engineer, c. Sewer access points (manholes) shall not be located on slopes or in ina~c:;ssible areas for m.a.in~ equipment. . . d. Provide sewer m~n 'holes at all cbanges of alignment of grade, unless otherwise approved by the City Engineer, Install sewer mains such tb..at there: are no bends exceeding 45- degree to the direction of flow. e. Manholes should not be located in the wheel tracks aD Class 1 Collector Streets and above, UJJ.less other;vise approved by the City Engineer. Manholes within intersectiow of Class I Collectars and above shall meet Regional Standard DraVling M-4 (Lockillg). f. Sewer main pipes shall Dot run parallel and under slopes greater than 5:1 urjess otherwise approved by the City Engineer. g. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C~905 <:1a3.'1 pipe, as approved by the City Engineer, (Enginee7ii1g) WATER 69. Submit verification 10 the City Engineer in the fOIm of a letter from Otay Waxer District indicating that the assessmentslOonded indebtedness for all parcels dedicated or granted in fee to the City have been paid, or that DO assessmentslbonded indebtedness exist on the p.a:rcel(s). (Engineering) 70, A void installation of privately OVlIled water, n:claimed water, or other utilities crossing any public street. This shall iDc1ude the prohibiticm of installing sleeves for future construction of privately owned facilities. The City Engineer may wmve this requirem~t if the following is accomplished: a. The Applicant enters in.1o all agreement with tb.e City where tb,e Applicant agrees to the followmg: i. Apply and obtain approval of an encroachment pennit for in.stalIatioD of private utilities within public right--of-way. u. Maintai:i1 IIl=bership in an advance notice 51:!vice" ~ch as: the USA Dig Alert Service. iii. Maxk cut all private facilities/utilities o'\>lJled by the Applicant wheneve-r work is perfo=ed in the area, iv, The t= of~ Agreement shalI be binding upon the successors and assigns afthe Applicant. b. Shutoff devices, as determined by the City Engineer, axe provided at those locations where s- 91 DRAFT .- pmat!: facilities traverse public s1::=t!. (ElIgineeri71g) AGREEMENTSfFINANCIAL 71. Prior to the approval of the FiD.a1 Map, the applicant shall entC!' into a supplemental agreement with the City wherein the Applicant agrees as fellows: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur. 1. The required public fadlities, as idcclifi!:d in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the: satisfaction of the City. The Applicant may propose cban~s in the ilicing and sequencing of dcvelopme!lt aOO the coDStroction of improvements affected. In such case, the PFFP may be amenikd, as approved by the City's Director ofPl''Mi'''g and Building and the City Engineer. (Engineering. Plmming and Building) b, Defend, indemnify and hold h.aDn1es.1l the City and its agents, officers and employees, from any claim, action. or proceeding against the City, or its agents, officers or employees, to att4ck, set aside, void or annul any approval by the City including approval by its Plamring Commission, City COUIl9il or any approval by its agents, officers, or employees with regm-d to this subdivision pursuant to Section 66499,37 of the State Map Act; provided the City _. promptly noti1i~ the subdivider of any claim, action or proceeding, and on the further C()ndition that the City fully cooperates in the defense, (Engi7U!.ermg Planlfii1g cmd Building) c. Permit all cable television c<JIIlpanies fraIJ.cJ:Us~ by the CitY. of Chula Vista equal OPP<1rtunity to place conduit and pro'Vide cable tel~sioI!. service for eacl:i. lot or unit within the Final Map area. Applicant further agrees to grant, by license or easement, and for the benefit of, and to be emorceable by, the c;ity of Chula Vista, conditional ac=3 to cable tel=vision conduit within. the prOpertiC3 si'tlJ.atcd within the Final Map only to those cable television compacies fraIJ.c~ by the City of Chula Vista, the condition of such grant being that: (a) such access is coordinlrtcd with Applicant's construction sched1J!e so that it does not delay or impede Applicant's CODStrUction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cmle company is and remain.s in complilUlce with, and promises to rcm.aJn in compliance with the t= and conditions 'of the frmcbise and 'With. all other rules, regulatio~, ordinances and procedUJ'es regulaililg 'and affecting the operation of cable ~levision companies as same may have been, or may from time to time be, issued by the City of ChuJa VW.a, Applicant hereby conveys to. the City of Chula Vista the authority to emorce said covenant by sucb r=c:dies as the City dete=.ines appropriate, including revocaJiOJ:l of said grant upon determination 'by the City of Chula Vista tha1 they ba.vc violmd the . conditions of grant. (Engimieri7'lg, PZall7'1.i7'lg and Building) - d. That the City may withh1Jld the isroance of building permits for the Project, should the AppliG.mt be determined by the City to be in breach of any of the t=s of the Tentative Map Conditions or any Suppl=cntal Agreement. The City sball provide the Applicam of 5--82 -~---- DRAFT noi;j~ of such det=iDation aDd allow the Applicant reaso:nable time to cure said bre2cb. ~~umg,Pw~mg~Bw~n~ . e. Hold the City b.a=.less &om any liability for erosion, siltation or incre.a.se flow of drainage resulting from this project. ~ngi7leumg, Plcmnmg and Building) f. Participate, on a fair share basis, in any deficiency plan or fiMncial program adapted by SANDAG to comply with the Congestion ~gem~t'Prog:ram (CMP) if adopted pnor to issuance of building permits. (Engineering) . h. Tne Project shall pay its fair share f~s as part of any future regional impact fee program for regional facilities as defined in the GDPISRP, should such a f~ program be enacted prior to the issuance of building pennits far the project. 1. Inde!r1.Iri.fy, and hold harmless the City, its elc:cted and appoi.nted .officers and =ployees, from and against all fines, costs, aDd exp=cs arisiag out of non-compliance with llit:: . requirements of the NPDES regulations, in CDDDection with the execution of arty construction and/or grading work for the Project, whether the non-compJiance results from any action by the Applicant, any agent ar e:mployee, S1!bcontractors, or othero, The Applicant's indemnification shall include I"'asonable costs, expenses, attorney's fees aIld liability incurred by the City. (ElIgi11e ering) 72. Applicant shall grant an Irrevocable Offer of Dedication (I.O.D.) in fee to the City, in a f= approved by the City Att=ey, for the right-of-way deemed necessary by the City E:agineer to accommodate the future BRT facilities, Said right-of-way shaJ.1 be shown as a separate lot in the Final Map. 73. Prior to the approval of the Final Map, the Applicant shall enter into an agreement with the City by which the Applicant agrees to: a. Pro'iide all those easements .and enter into those a.greemCIlts 'With SANDAG re:asonable needed for providing adequate conveyance of the storm 'Water flow generated by the BRT right-of-way; and b. Providt:: all those easements reasonably needed to install BRT and/or pedestrian signals !!IldJor signs at the imersection of the BRT with the proposed private project en1ry driveways along EastLake Parkw?y. 74. The AppIicaIlt shall implement the: :final Air Quality Improvement PI:m (AQIP) measures as approved by the City Council, and to comply and remain in compliance with the AQIP. The Applicant shall also waive any chum that the adoption of a fma1 AQIP constitutes aI:\ improper subsequent imposition of the condition. Applicant shall implement llie Gr=Star BuildJng Efficiency Program. (pla717ling and Building) 75. The Applicant acknowledges that the City Council may, from time-to-time, modify air quality improvement :md =rgy conservation m~ related. to new development as various technologies and/or programs chmlge or become a.vailable. The Applicant sl1a1.1 roo dify llie AQIP to incOIporate those new measures, which are in effect prior to each Final Map approval within the Project, The new measures shall apply, as applicable, to development within all futu;re Final Map are:a.s, but shall nat be retroactive to those areas that received Final Map 5-93 DRAFT - appro-val prior to c:ff1Oct of me subject new measu:res. (plamli:ng andBuilding) 76. The Applicant acknowledges that the City Council may, from time-te-time, m{Jdify water comeryatjon measures related to new de-velopment as vario'US tl:clmologle:! and/or program:J change or beoome available. The Applicant sh.all be required to .modjfy ~ WateI Conservation Plan (WCP) to inrorporate those new measures, which are in effect prior to eacb Final Map approval within the Project The new measures sh.a.11 apply to development within all future Final Map areas, but shall not be retrol1ctive tJ:J those areas that received Fiml Map approval prior to effect of the rubject new mea.sures. (pI{l7fi'Jing and Buildmg) 77. Applicant shall enter into an ~ement with the City en=bering the entire Project, which shall i:n.clude all oithe followmg: a) Provisions erourlng the Applicant's maintenance of all private co=on facilities located within the project iacludmg, but not be limited to: walls, fences, water fountains, Iight:i:ag structures, paths, trails, access roads, dninage structures, water quality treatment facilities, la.ndscapi:n.g, ~, streets, p<IIking lots, driveways, and ~wage systems that em: priva.te. Common facilities are to be identified or labeled in an exhibit in the agreement. b) Lmguage establishing the Applicant's res:poDSibilities to maintain public - landscaping aDdlor imJJrov=ents conf=ance with the Maintenance m. - Responsibility Map. c) Language establishing Applicant's respomibility to mamta:in all private t=:porary slopes and associated tempomy facilities adjacent to the sou1b. side of Birch Road (from SR-l25 to &.stLakc P<lIkway) needed for the coIlStr\lc'tion of said pornon of Birth Road. f) Provisions ind=ifyiD.g and holding the City h.ann!ess from any claims, d"""~nds, cl1uses of ac1iOJi liability or loss related to or arising from the maintenance activities of the Applicant, g) The requirement for the Applicant to pro;;ure and maintain a policy of comprehensive gCIl~a! liabiJityinsurance written on a. per.occurren~ basis in an amount not less tha1l one .million d<ll1a:rs combin<:d single Iumt. The policy shall be acceptable to the City and name the City as additionally 1n.sured. and. sb.aJl not contain a cross-party exolusioIIarY clause. h) Provisions requiring daily sweeping of common pa:clring lots aDd intema! drives by a reputable S'W'eepmg company, i) Language aS3Uring Proje;:t's membenbip in an advance Dodce 5ervice such as the USA Dig Alert Service: in perpetuity. -. j) Provisions establishing the Applicant's rcspon.si'bility to: 1.) maintain all sewer aCcess roads ~ they . may exist from time: to time in adequate condition as 'determined necessary by the DirectOr of Public Wor:kB operations and 2.) replace any 5-91 --.--'-- DRAFT enhanced pav=ent, sidewalk, and ather naIl-standard facilities or improv:ment :removed by the City during cc:cstruction :mdIo~ III2int=o: of public sewer facilities within the Project. Applicant shall acknowledge and ag= that City will only ~ respowible for rcstoMg the site usmg standard asphaltic concrete pavement and/or con=te as deternriDed necessary by the Director of Public Works 0per:a!i01:JS. 78. Prior to issuance of each bcilding permit wii:hiD. the Freeway Co=erdal SPA, the Applicant sball pay f<:cs or some other financing mechanism approved by the school district to provide for the construction of needed elementary, middle and high schoQls. (Engineering) 79. Prklr to approval of me Final Map, Applicant shall establish an endowment to provide for the Project's prorated share of the perpetual maintenance of the Poggi Canyon Channel. The amount of such. endowment shall be equal to $40,917.00 (estimate as of 5/9/02) h=eased, by a factor equal to the pe!centage change in the San Diego Area All Consumer Price Index (All I1.ems) from May 9, 2002 to the date the endowment is established. The dOC1.n'nents establishing the endowment shall be subject to the approval of the City Attomey. (Engi7'leering, City Attorney) OPEN SPACE! ASSESSMENTS 80. In the event Applicant requests the formation of a Co=u:rrlty Facility District (CFD) for providing a funding mechanism for the maintenance of public improvements within the Project, the Applicant shall make such request, and obtain City Council approval for the formation of said crn prior to the approval of the Final Map for the Project. The Applicant skill submit a list of amenities, acreage and mai.rrtenmce co&s for all public open 5JJ3.Ce lots and facilities, including, but not limited to the p3rlcways, medians., open space lots, erilianced paving 2Jld water qu.ality treatment facilities. Ma.Urten.ance of the improvements. sb.all 'be accomplished by the Applicant for a m; n; mum period of one yeax, or until such time as accepted into the cm 'by the Director of Public Works OperatiOD3. If Council does not approve the CFD formation, some other :fina.D.cing mechanism, such all Business Owners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the Final Map, All costs of formation and other costs associated with the proc~sing of the CFD for this project .shall be paid for by the Applicant. The Applicant shall provide all the necesaary information and materials (e.g" tables, diagrams, etc.) required by the City EngjD= for processing the fonnation of the proposed CFD. (El1gilJeuing) 81. All Project landscaping shall conform to the design el=errts of the City's Landscape Manu.al. (General Services) 82, Applicant shall enter into a maintenance and graIlt of easements agreement, =bering the entire Project, as necessary for landscaping and ather improvements maint.ain.ed by Applicant within City right-of-way or such other public areas as reqcircd by the City. Said p11blic 1mprovements shall include, bat are not limited to: a) Landscaped parkways along the westerly side of EastLake Parkway, and full landsC2.ped median improvements (including hardscape, landscaping and irrigated improvements) on EastLalce Parfm"ay between Street B and Birch Road. b) Northerly and souther])' landscaped parkways, fuIllandscaped medians (including 5.---95 DRAFT . hardsca:pe, landscaping and i:r:riga.:ted improvements), along Birch Road lI!rtiJ. such timo: that the City approves a diff=t fj,.,,,,n"i.ng med,,,,,i<;m far maintaining said southerly parkways and fair abarc of said median improvements. c) Landscape improvements loC3.1ed witlriD. the proposed BRT right-of-way until such time that this right-of-way is ultimately cooveyed 'to SANTIAG. d) Easterly and westerly landscaped parkways, full landscaped median (mcluding llards<:ape,,landscaping and iJ:r:igmo:d improvements) along Town Cen1er Dri'Vo: until such time tbat the .City approves a different :financing mech~-ni~ for maintaining , ~d imp:(Ovements. (Engil'l2eril'lg, General Services) 83, Provide rrrinimum 15' wide easements to the City of Ch'l1la Vista as required by the City Engineer for construction and m~1ecance of sewer facilities. (Engineering) 84. Provide -mi,;;rnum 15' wide easements to the City of Chula Vista as required by -the City Engineer for cans1:ruction and maintenance of public sto= drain facilitio:s. (Engineering) 85. Provide a blanket easement over private roadways and parking lots to the City providing reasonable access to public sewer :fa.cilities to the satisfaction of the City Engineer, (Engineering) 86. Grant on all applicable Final Maps, easeme:nts along all public meets within the subdivision as - shawn an the Tentative Map and in accordance with City stmdarcIs unle:ss otherwise approved by '!be City En~ and the Director of PJ.armiD.g and Building. The City Engineer may requITe either the removal or the subordination of any easement, which may umeasonably in1crfere with the full and c=pIe-te exercise of any requiIed public easement or right-of-way. (Engineering) 87. Grant easements to subsequent owner.s p=mnt to Section 18.20.150 cfthe City Code on my Final Map that pro?Jses private a.c>:ess, utilities or d:ra.ma.ge facilities crossing property lines as directed by the City Engmeer. (Engineeri7lg) LANDSCAPE 88. Prior to issuance of each constIUctlon permit md grading pe=it for the Project, 'the Applicant shall secure all landscape' impro'V=ents a.ssociated with the improvements covered by said permit. The security shall be in amounts as determined by the Director of Genera.! Sc:rvico:s and approved in form by the City Attorney. Applicant shall prepare and submit to the Director of Ge=a! Services landscape improvcm~t plans conC1JUent with. the second submittal of street i!I1provement or grading improvement plans for couesponding areas. All plans shall be prepared in accordanco: with the c=t Chula Vista Landscape Manual and thI: SPA. Applicant shall agree to and shali install all landscape improvements in accordance with the approved plans to the satimctlon of the Din:ct{)r ofPlamring and Building and the Director of General Services. (planning and Building. .&gil'luring, General Suvic~s) .- 89. The applicant shall irlstal1 all public strecl trees in accordance with Secti01J. 18.28.010 afthe Chuls. Vista. Municipal Code. All public street trees shall be planted in parkways, or as oiher:wise approved by the Director of PlamUng and Building. Public street trees are to be G'-~6 -~ DRAFT cOI1Sistent with ~ species described in the Freeway Commercial Design. Plan, Fr~7fay Commercial SF A Plan md Lmdscape Master Plan, md s.:h.aII be 511bject to approval by the Director of Fl=ingand Building aad Director of Public Works Operations. Prior to the inst.a1.1.a.tion of my -dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to C1Jmplete preliminary public street improvement plam that show t.l:J.e location of all future public street trees, wbic.h will ~ 511bject to the review and approYaI oithe Director General Services and the Dmctor of PI:.nn;-ng and Building. Prior to any utility installation, wood stakes shall be pla~d by the Applicant on site accorrling to approved prdimin.ry public s1reet improv=ent plans that depict public st:reet trees md sball be painted a bright color and labeled as future pllblic street tree location. Applicant further agrees to provide City doc=enta.tion, acceptable by the Director General Services and the DiIector of P!amri.D.g and Building, that all utility companies have been given notice that no dry u.tility line shall be lo<:a:ted withm five feet of the wood.stake in any direction. Applicant will maintain public street tree identification stakes in locations as shawn' an approved preliminary plans until all dry '\ltili1ies arc in place, A pubUc street: tree improv=cnt plan, including mailbox locations, sh.all be su.bmitted for review and 511bj ect to the approval of the Director of Pl.amili1g and Building and the City Engineer priO! to or Concurrent with the second. submittal of public street improv=ent plans within the subdiviJlion. Approval of the public street tree improvement plans shall constitute final approval of the selection of public street trees for the: public street p3J.-kways, (Engineering. Planning and Building, General SfmJiceJ) 90. Design landscape and irrigation plans 511ch that street tree plaument is !lot in contlict with the sight visibility of any tra.flic signage, The Applicant shall be responsible for the removal of my obstructions withm the sight visibility of said traffic signs consistent with the C'hula Vista Design Standards and to the sat:isfa.ction of the City Engineer. (Engine ering) 91. Prior to the approval of the Jinal Map or issuance of the first gracling permit proPOSIDg to create finished lots, whichever occurs first, Applicant shall p~axe, submit and receive appro'Yal from the Director of General Services of a Conceptual Landscape Plan for all public streets. Such approval shall be indicated by ml::= of the Director's signature md datI:: on said Plan. The contents of the Conceptual Landscape Plan shall CGnfo= to !he City staff checklist and contain the following major components: . Landsca~ Concept Planting Concept Plan Master Irrigation Concept Plan (General Services, Planning and Building, E71g!l1eeril'1g, Public Works) MISCELLANEOUS 92. AppliC3llt: sball submit copies of the Final Map in a digital format. The drawmgprojectioll shall be in California State Plme Coordinate System (NAD 83, Zone 6). The digital file of the Final Map shal1 combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) fo=ai and shall contain the following indiYiduallay=: Subdivision Boundary (closed polyg=), Lot Lines (closed polygons) Street Centerlines (polygons) S 9-; DRAFT Ea:!=ents (polylines) Public Street names (BmloWian) Lot n=ber5 (annotation) (ElIgineering) 93, Within thirty (30) days of the City Engineer apptoval, the Applicant sb.all submit copies of an approved grading and improvement plans assodated with the project in digital fu.r:ma!. The drawing pIojeclion shall be in California State Plane Coord:i:nate System (NAn 83, Zone 6). The digital files shall combine ail sheets into a s:ingle CADD dravring for each set ofpla:ns, in DXf, DWG or AIc View (GIS) fo=at. (Engineering) . 94. Applicant shall develop and submit a "Reqcling and Solid Waste Management Plan" to the Conservation CoordiMtor for review and. approval. 'I11f! Plan sha.lJ. d=ons1rate those steps the Applicant will take to comply with Municipal Code, includiD.g bui not limited to Sections 8.24- and 8.25 and meet the State mandme to reduce or divert at Ie2St 5Q% of the waste genented by all residl!!rtial, C(Jmm=ial and industrial devclopments. The Applicant s.ba1l contract with ilia City's franchise haul-er throughout the COnstruction and occupancy plwe ofllie project . (CoJ7.Se.7"VatlolJ and E7fYi.7ol7me.lJtal Services) . . 95. Within thirty (30) days ofllie City Council approval of these Temative Map comlitions, or prior to the submittal of the Fir1a.l Map for the Project, whichever occurs fu5t, the Applicant shall submit a digital drawing file of the Tentative Map in its approved fo=. The drawing projection - shall be in California State Plane Coordinate System (NAD 83, Zene 6), The digital file sh.a.ll combine all map sheets into a single CADD drawing, m DXF, DWG or AIcYiew (GIS) fo=at and sliall contain the following mdi'viduallayers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Ea:s=ents (polylines) e. Public Street Names (Bmlota1ion) f. Lot Numbers CaIJDotatian) The digital drawing file Shall be submitted m accordance with the City Guidelines far Digital Submittal on 3-\4" disks or CD, a:s an e-mail attachment to the City Engineer, or a:s otherwise approved by the City Engineer. (Engineering) FIRE 96. The App1i=t shall comply with the Fire Department's codes and policies far Fire Prevention. The Applicant sball provide the following items priQI' to delivery of combustible materials on any construction site on the Project: a. Water 5llpply consisting of fire hydrants as approved and indicat=d oy the Fire Department - during plan check to the satisfaction of the Fire Department. AD.y temporary wa.re:r supply 5O=e is Sllbject to prior approval by the Fire Marshal. . b. Emergency vclricle access consisting of a minimum :first layer of hard aspbiit. SUJface or concrete surface., with a mlln:rr11lm standard Width of 20 feet (or an acceptable alt=ative r__op ....' ,-,u DRAFT approved by the Fire Mauhal and in CQmpliante with the u.P.C.), c. Str~ sigDS installed to the satisfaction oftb.=: Crty' Engin=:er, Temporary ~t sip shall be subject to the approval of the City Engineer and Fire Mar.sha.l. Locations and identificanoD of temporary street sign:s s.haU be subject to review and approval by tM CitY Engineer aDd Fire Marshal, (Fire, Engineering! 97. Applicant shall obtain the approval of the City's Fire MaI3ha.1 for the timing of COIlStr1JctlOD. of all mWrnal streets in the Project. (Fire, Engineering) 98. Prior to iSS1W1Ce of the :first builclli:1g permit and in addition to those fue hydrants depicted on the Tentative Map, the applicant shall install additio:naJ. fire hydrants per 1001 Ulifornia Fixe Code and City of Chula Vista Fire Department poli<:ies. (Fin, Engmeering) 99. Constru<:t a temporary tI=.around or street improv==ts, upon the request of and a.s determined necessary by the City Engineer and Fu-e Marshal, at the end of temporarily stubbed streets greater 1:h.an 150 feet in length (as me3S1lred from the nearest street centerline tat<:rScction). (Engineering! CODE REOtJIREMENTS 100, Comply with all applicable sectiOILS of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. P~aration of the Final Maps and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista. Subdivision Ordinance a...TJ.d.Subdivision Man'lJal. (Engi7leenng) 101. Underground all utilities within the subdivi~on in accordanc~ with Municipal Code requir=ents to the satisfaction of the City Engineer. (Engi.l'!eering) 102. Comply with all relevant Federa!, State, and Local regulatio1!S, including the Clean Water Act. The Applic<mt shall be responsible for providirJ.g all required testing anddocWlemation to demon.matc said compliance as requID:d by the City Engineer. (E7Igineering) 103. Pay all required fees, including the following fees, in accordance with the City Code and C01JDcil Policy: The TranspQrtation and Public Facilities Dl:velopment Impact Fees; Traffic Signal Participation Fees; All applicable sewer f~s, including but not limited to sewer connection fees; and Poggi Canyon Gravity Sewer Basin DIF. Pay the amount of said fees in effect when payment is due pursuant to the Chula Vista Municipal Code. (Engineering, Planning aJtd B1Iilding) ;'-99 . DRAFT - GROWTH Mk'lAGEMENT/PUBLIC FACILITIES FINANCING PLAN rPFFP)J PHASING 104. Applicant shall comply with Chapter 19.09 of the: Chula. Vista M1l1licipal Code (Growth .M=gement) as may be amended from time to time by the City, Said chapter in.:llldes but is not limited to: threshold standards (19,09.04), :public facilities fir:1ance plan implementation (19,09.090), and public faciliiies finance plan amendment procedures (19.09.100). (Engineering, Plarmmg cmd Building) 105. Install public facilities in accorda.n~ with the F l'ee'iVaY Commercial Public F aciliti<:s Finance Plan as may be amended from time to time, or as required by the City Engine~ to meet tb:ri:shcld standards adopted by the City of Chula Vista.. The City Engineer and D~or of PI&ming & Building may, at their discretion, modify "the sequenj)e of improvement constr1:Iction should conditions change to w~t such arovLsio!J.. (Engineermg, PlaMillg tmd Building) PHASING 106, If the applicant proposes to modify the Freeway Co=ercia! SPA's approved ph~~-ng plan, the applicant sha.11 submit to the City a revised phasing plan for review and approval upon request of the City Engine~ prior to approval of the first Final Map. The PFFP shall be revised where necessa:ry to reflect the revised phasing plan. (Engineering) - The Public Facility Finance Plan or revisions thereto shall be adhered to fur the SJ'A and 107. Tentative Map 'l'tith improvement! in.stalled i1J. accordance 'With said plan or as required to meet the City's Growth Management Ordinance. The PFFP identifies a:facility phasing plan bas~ upon a set of assumptions C1Jncenri.ng the IQcation and rate of development within and .outside of the project area. Throughout the build-ow of the Freeway Co=cia! SPA, actual development may differ from the assumptions C<!ntained in the PFFP, Neither the PFFP nor any other Freeway Commercial SF A Plan document grant tJw Applicant an entitleme:nt to develop as assumed in the PFFP, or limit the Freeway Commercial SPA's facility improvement requiremen~ fo those identified in the PFFP, The Gromh Management Ordinance, as it exis1s at the time of building permit ~suance, shall gov= Freeway Co=cial SPA development patterns and the fa.cility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall cQ:rI'CSpond to any future amendment to the Growth Management Program and Ordinance adep1ed by the City. The City Engjneex may modify the sequence of improvement construction, should conditions change to wanant such a revision in accordance with the Growth Management Ordinan.ce. (Engineering) - 1:::. 100 DRAFT Exhibit "C" Treatment Control Private BMP Facilities Type of Private BMP Facilities: Private Treatment Control Facilities, which may include, but are not limited to hydrodynamic devices, catch basin inserts, or any other private treatment control BMP approved by the City Engineer in accordance with the Storm Water Quality Technical Report prepared by Rick Engineering Company, dated May 28, 2002. Location of Private BMP Facilities: The Private BMP facilities shall be constructed at those locations and in strict conformity and in accordance with plans and specifications to be approved by the City Engineer. Purpose of Private BMP Facilities: To provide treatment control, which will meet the requirements of the applicable provisions of the Chula Vista Municipal Code, Regional Water Quality Control Board Order No. 200i-01 (Municipal Permit), and Final Model SUSMP for the San Diego Region as all may be amended from time to time to the extent provided by condition 59. Proiect Applicabilitv: Developer acknowledges and agrees that should the assumptions for the selection and design of the Private BNlP Facilities be modified in any way, the Private BMP Facilities may also require modification and/or updating to tbe satisfaction of the City Engineer to the extent provided by condition 59. 34 5-101 ~ < < ~ "' 0: OJ - < 0: ;:) < - "' "' 0 - u " ~ ;< z < ~ ~ ~ z L1 ~ z ~ ~ z ~ ~ o ~~ :;: z .. " u ~~~ " " -/~~. - f- >- u.J o~~ z "' 0: < ~~~~~ z < ~ ~t...a < 15 ~~~~~ " (fJ 0: "- ~ .~~ "' " B ~~~~~. 0::: ill CL "- ~ b <:::I" QI'::; ill t--< III t- ~U~~ t- 0::: ~ Z ill >- ill o...~ "~ u 0 co .a Z 0::: CJ) ~ ~~ -~ S o...~ -. ~i ~I o I CL f- f- ill :r: S 0::: U Ow Z o:::~ <( G-< 0::: -1 aJ >- <( f-- <( 0::: z f- ill-< o Z~ ill <.9 1/ 3AJIJrJ IGI. IG:J ,",01 \': ~ ~J i26C e"~ g c:::: 52:'1 ~ ii 5 102~' (( - " COUNCIL AGENDA STATEMENT - Item ,0 Meeting Date OS/24/05 ITEM TITLE: Resolution amending Cooperative Agreement with the State of California Department of Transportation (CALTRANS) regarding the southerly project limits on the I-805/ Orange Avenue interchange improvements and authorizing the Mayor to execute said agreement. Resolution appropriating funds from the available balance of the Transportation Development Impact (TDIF) fund to Capital Improvement Project STM351for a construction change orderrelated to improvements atI- 805/Main Street/Auto Park Drive interchange Resolution accepting a bid for a construction change order for the I-805/0range Avenue/Olympic Parkway interchange project for additional work at the southerly limits of the proj ect in the City of Chula Vista, California (STM-328), Caltrans Contract No. 11-156584, to Yeager-Skanska Inc., in the amount $1,664,116.89. - Resolution modifying the proj ect budget of Capital Improvement Project STM328 to reflect approved funding sources and transferring funds therefore SUBMITTED BY: City Engineer 6k- REVIEWED BY: City Manager ,j:i) (4/5ths Vote: Yes...K...No-> On April 27, 2004, the City Council awarded a contract to Yeager-Skanska Inc., for work related to the East Orange A venue/Olympic Parkway Interchange at I-805. Caltrans and the City would like to construct certain improvements at the southerly portion of the proj ect in order to improve traffic operations at the I-805/Main Street/Auto Park Drive interchange. Caltrans is recommending that the Cooperative Agreement be amended to include the revised area of work. The contractor, Yeager-Skanska Inc., has submitted a construction change order bid in order to revise the southbound and northbound on-ramps at I-805/Main Street/Auto Park Drive. RECOMMENDATION: That Council adopt the resolutions. BOARDS/COMMISSIONS: N/A - DISCUSSION: On April 27, 2004, per Council Resolution 2004-135, the City Council awarded a contract for the East Orange Avenue/Olympic Parkway interchange improvements to Yeager-Skanska Inc., (see 6-1 Page 2, Item ~ Meeting Date OS/24/05 Attachment #1). The existing contract provides for the following items of work: . Revise the East Orange A venue/Olympic Parkway overpass and make ITeeway improvements ITom 0.75 miles south to 0.6 miles north of the interchange. . The project will also modifY and widen the southbound exit ramp to Main Street to provide for a dual lane exit. . Project improvements will also include the widening of East Orange Avenue and Olympic Parkway, including the over-crossing. . Constructing auxiliary lanes on I-80S between the interchanges of East Orange Avenue/Olympic Parkway to Main Street/Auto Park Drive. . Modifying traffic signals on the existing ramps for the East Orange Avenue/Olympic Parkway interchange and the southbound exit ramp to Main Street. . Construction of noise barriers (sound walls and sound berms) and retaining walls. The proposed improvements would increase the capacity of the existing diamond interchange to accommodate the forecasted traffic volumes and provide the needed capacity on the southbound Main Street off-ramp during events held at the Coors Amphitheatre. As part of the interchange project ofI-805/East Orange Avenue/Olympic Parkway, some of the construction work at the southerly limits extends onto Main Street. Since the current levels of service at each of the northbound and southbound intersections of Main Street with I-80S are operating at a poor level of service due to the high number ofleft-turns and right-turns, both Caltrans and the City have expressed an interest in constructing interim improvements until such time as the ultimate improvements can be determined and financed. In the interim, the proposed construction change order to the I-80S/Orange Avenue project (see Attachment #2) would require widening the north curb line of Main Street east ofI-805 to provide for an additional westbound-to northbound right-turn lane onto I-80S. In addition, the Main Street under-crossing ofI-805 would be re-striped to provide an additional westbound-to-southbound left-turn lane onto I-80S within the existing curb- to-curb paved roadway. Both the northbound on-ramp and the southbound on-ramp would be widened to accept the dual lanes. By constructing these improvements at this time, the City, Caltrans and SANDAG would receive a benefit of accommodating existing traffic volumes so that the local street traffic and the off-ramp traffic queues would be reduced. SANDAG has provided a letter that will provide a post- authorization augmentation to the project of approximately $l.lM to fund the work related to the northbound on-ramp (see Attachment #3). Cooperative Agreement Most of the work is within the State right.of-way-State of California, Department of Transportation (Caltrans) jurisdiction. The City is considered to be the project applicant and administrator with Caltrans providing oversight. Caltrans and the City have signed a Cooperative Agreement (COOP) for the construction of the interchange improvements (see Attachment 4). The agreement was approved on May 6,2003, by Resolution No. 2003-175 (see Attachment 5), and identifies the roles and responsibilities of Caltrans and the City. In order to complete the work on the southbound on- ramp to Main Street, the COOP must be amended to extend the project limits to the south. The existing limits of work as shown on the plans do not coincide and must be modified. The plans show a southerly limit of Main Street but there is some traffic control and traffic signal improvement work 6-2 Page 3, Item {p Meeting Date OS/24/05 - in the original contract that extends south of Main Street. In order to be consistent with the plans, Caltrans has recommended that the southerly proj ect limits be revised to include all the area of work (see Attachment #6). The southerly limit of the Project will be revised from Kilometer-Post (KP) 5.9/8.1 (Post-mile (PM) 3.7/5.0) as specified on the title Page (Page 1), of the original Agreement to be KP 4.7/8.1 (PM 2.9/5.0). All other tenns and conditions remain in full force and effect. Construction Change Order Since the City of Chula Vista and Caltrans are currently constructing State highway improvements consisting of the modification of the Orange Avenue/Olympic Parkway Interchange at Interstate 805, and both the City and Caltrans would like to construct additional improvements to the current construction contract, the contractor Yeager-Skanska Inc., did express an interest to submit a construction change order for the proposed work on both the southbound and northbound on-ramps and restriping of the Main Street under-crossing to accommodate an additional westbound-to- southbound left-tuTIl lane. Yeager-Skanska Inc. has submitted a bid for additional work to be done as a construction change order to the current project in the amount of $1,664,116.89 for both the northbound & southbound ramps and the under-crossing at I-805/Main Street. The bid amount for the construction change order is 2/3rds for the northbound ramp ($1,109,411.26) and 1/3rd for the under-crossing and the southbound on-ramp ($554,705.63). Yeager-Skanska Inc. 's bid represents 11.2% in additional costs over the original Contract Price of$14,859,035.30. The "Green Book" -- Standard Specifications for Public Works Construction allows agency initiated changes in construction contracts to be increased or decreased provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25% of the Contract Price, or $3,714,758.83. SANDAG funding for the Northbound on-ramp work The work for the northbound on-ramp is part of the Caltrans Project Report on I-80S dated March 30, 2004 titled "Project Report in San Diego County in Chu/a Vista and Bonita at Various Locations from Auto Park Drive Undercrossing to O. 4KM North of Bonita Road Undercrossing". This project report proposes the installation of ramp meters and the addition of High Occupancy Vehicle (HOV) ramp lanes on Interstate 805. Five locations were recommended in this report at the following northbound on-ramp locations: Auto Park Drive/Main Street, Telegraph Canyon Road, East H Street (westbound to northbound), East H Street (eastbound to northbound), and at Bonita Road. In early 2004, the City entered into a cooperative agreement with the Department of Transportation to accelerate the design and construction schedules for the East H Street westbound to northbound on-ramp that is currently under construction. In a similar action, both the City and Caltrans would like to accelerate the work on the northbound on-ramp for Auto Park Drive/Main Street. The northbound on-ramp would be constructed at its' ultimate improveTIlent to include two ramp meter lanes and one HOV lane. The ramp metering would not become operational until such time as all five northbound on-ramp widening projects are completed. The current time line for the remaining - three locations, of Bonita Road, East H Street (eastbound to northbound) and Telegraph Canyon Road, is Fiscal Year 2009/2010. For the northbound ramp widening, Caltrans staff has provided a cost estimate of$l.3 million that 6-3 Page 4, Item ~ Meeting Date OS/24/05 includes construction contingencies. SANDAG staff has agreed with City and Caltrans staff to advance project construction costs for this ramp, since it can be done at less cost now than in FY091l0 due to the cost estimate received by our contractor on the I-80S/Orange Avenue project. The contractor's bid for the northbound ramp work is $I.IM, thus, since it is below the engineer's estimate of $1.3M SANDAG has approved reimbursement to the City. The City will advance the construction costs for both the northbound and southbound on-ramp widening costs but will be reimbursed for only the northbound on-ramp work by SANDAG with RSTP funds instead of the original intended funding source for Caltrans of STIP. Since the northbound ramp is one of five locations identified originally in the Caltrans' Project Report for Ramp Metering, SANDAG has agreed to fund this work on the northbound Main Street on-ramp with RSTP funds that are available now instead of the STIP funds originally identified for the five ramp locations since STIP funds will not be available until FY091l0. The existing Cooperative agreement contains sufficient funds for Caltrans oversight so that the only appropriation of funds is for the construction costs, 10% contingencies, and City staff costs related to both on-ramps. Southbound on-ramp and under-crossing work The work on the southbound on-ramp at Main Street involves re-striping the existing pavement area by utilizing the existing paved left shoulder area. Since the left shoulder will become part of the new southbound on-ramp lane with this re-striping, a new shoulder area will be added immediately to the left of the existing edge of pavement so that the left shoulder is retained. The contractor's bid amount is $554,705.63 and includes 10% construction contingencies. The existing Main Street under-crossing has a curb-to-curb width of 88-feet. The under-crossing consists of six lanes; two eastbound through lanes, one east-to-north left-turn lane, one west-to-south left-turn lane and two westbound through lanes. Each lane is l2-feet in width with an 8-foot shoulder. When the re-striping is completed, there will be seven lanes; three left-turn lanes (one for east-to north and two for west-to-south), four through lanes, each II-feet in width and a 4-foot shoulder area along each curb. Environmental Status An Initial StudylEnvironmental Assessment (ISIEA) was prepared for the I-80S/Orange Avenue project and pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was adopted by the City of Chula Vista City Council (City) on May 6, 2003. In accordance with the National Environmental Policy Act (NEP A), a Finding of No Significant Impact (FONSI) was issued by the Federal Highway Administration (FHW A) on May 27,2003. For the proposed construction change order work related to the northbound on-ramp at Main Street! Auto Park Drive, on January 22,2004, both Caltrans and FHW A determined the northbound on-ramp work to be Categorically Exempt, under Class I section 15301 of the California State Resources Guidelines, for environmental processing pursuant to the California Environmental 6-4 Page 5, Item ~ Meeting Date OS/24/05 - Quality Act (CEQA) (see Attachment #7). The project also meets the criteria for a Categorical Exclusion under the National Environmental Policy Act (NEP A), Section 771.117 (d) (1). For proposed construction change order work on the Main Street/Auto Park Drive under-crossing and southbound on-ramp, Caltrans has completed a re-evaluation of the environmental documentation for the under-crossing and the southbound ramp (see Attachment #8). The proposed construction change order for the southbound on-ramp at I-805/Main Street/Auto Park Drive interchange and under-crossing is covered under an Environmental Reevaluation! Addendum for the I-805/East Orange Avenue/Olympic Parkway Interchange Project Final Mitigated Negative DeclarationlFinding of No Significant Impact dated May 2005 that has been approved by CAL TRANS and FHW A. Based on the above, the City's Environmental Review Coordinator has reviewed the proposed construction change order and based on the analysis conducted in support of the reevaluation, there are no substantial adverse changes in the project, the setting, or circumstances surrounding the proj ect has detenmned that, no further environmental review or documentation is necessary. Construction Schedule and Phasing The construction change order work is anticipated to be completed by late this year in conjunction with the work related to the I-80S/Olympic Parkway/East Orange Avenue interchange. The current contract allows the contractor to work until the end of November 2005. Extensions oftime will be granted for weather delays but once the working days have elapsed per the original contract work schedule, the contractor will be subj ect to liquidated damages in the amount of $6800 per calendar day delay in completing the project, up to a maximum amount of$500,OOO. The liquidated damages amount is consistent with Caltrans criteria and is based on the value of the construction. Traffic Control Project specifications and construction plans contain phasing and traffic control plans that detail the daytime hours during which ramps and/or freeway lanes must remain open. In addition, all ramp lanes and freeway lanes shall be opened two hours before and two hours after an event at the Coors Amphitheatre. Work on both the interchange and roadway will be done concurrently utilizing approved traffic control plans from Caltrans and the City. Construction schedule will not impact the Coors Amphitheatre events and Main Street work related to sandblasting and striping will be done at night time, as much as possible. Ramp closures and lane closures must be approved by both the City and Caltrans staff and generally will not occur during the morning peak period. Generally, ramps may only be closed between 10 p.m. and 5 a.m. between Monday and Thursday nights and between midnight and 5 a.m. on Fridays. Closures will be allowed on Saturdays between 3 a.m. and 8 a.m. and on Sundays between 3 a.m. and 10 a.m. Traffic control charts for the entire proj ect are included - in Attachment 9. Any proposed closure oflanes and/or ramps will be submitted in writing by the contractor to the City Engineer and must be approved by both City and Caltrans staff one week in advance. Advance 6-5 Page 6, Item ~ Meeting Date OS/24/05 public notice of any ramp closure will require a minimwn of3 days' notice to the public by posting signs adjacent to the ramp. For each 10-minute interval, or fractional part thereof, that a closure is not reopened to the public by the time specified, the contractor is subj ect to liquidated damages in the amount of$1900. Local street detours must be requested by the contractor at least 21 calendar days in advance with notification to emergency personnel, the public, two school districts and transit services. Alllocal streets involved in the detour must be identified as well as the duration of the detour. Wage Statement Due to the Federal funds on this proj ect, the contractor is required to pay prevailing wages. Budget Modification In Fiscal Year 1998, City Council created Capital Improvement Project STM328, the Olympic Parkway/I-805 Interchange Improvement project. On April 27 ,2004, Council approved the award of the construction contract to Yeager-Skanska. During the period between the original creation of the project and the actual award ofthe contract, both the regional and federal funds available were revised. In the April 2004 agenda statement, staff detailed the final funding mechanism for the program, which consisted of federal, regional, and local funds. That action did not, however, explicitly modify the project budget to reflect the final project funds. Since then, additional funds have been appropriated to the budget via Council action. The project budget appropriated to date totals $21,838,175. This amount is comprised offederal, regional, and local funds and is detailed in the following table: Financin. Source Amount TransNet $ 5,000,000.00 TransDIF $ 10,693,175.00 ClF Fund $ 5,000,000.00 CalTrans STIP $ 1,145,000.00 Total $ 21,838,175.00 Of the $21.8 million programmed for this project, nearly $13.8 million is coming from federal grants. In these instances, the project costs must initially be borne by the City, and then reimbursed by the grant administrator. This requirement generates cash flow concerns on proj ects as large as this one. In order to move this project forward, funds were appropriated from the Transportation Sales Tax (TransNet) fund and the Transportation DIF (TDIF) fund in excess of their ultimate contributions, with the intention of ultimately replacing these funds with the grant funds. The $10.7 million appropriated from the TDIF fund included a $7 million loan from the Interim SR- 125 DIF. On May 10th ofthis year, Council authorized the repayment ofthis $7 million loan to the Interim SR-125 fund and the transfer of the balance of the Interim SR-125 DIF fund to the TDIF fund effective June 30, 2005. The modification of this project budget to remove this loan was considered in the rate calculation for the TDIF fee update approved by Council on May 10th. 6-5 Page7, ItemL Meeting Date OS/24/05 - The final authorized project budget is as follows: Financing Sonrce Amount TransNet $ 3,422,000.00 TransDIF $ 3,403,678.00 Fed Trans Funds $ 13,867,497.00 Regional Trans Funds $ 1,145,000.00 Total $ 21,838,175.00 During FY 05, reimbursements totaling $5.7 million have been received from the grant administrator and deposited in the TDIF fund. This resolution modifying the project budget will transfer these revenues to the Federal Transportation fund. In addition to revenues that must be transferred, expenses have been incurred that must also be transferred to the appropriate funds. Total prior year expenditures to be transferred from the TDIF and ClP fund to the TransNet fund total $591,981. Expenditures in the current year to be transferred from the TDIF and CIP fund to the Federal Transportation fund total $8,659,594. Lastly, modifications to the current project encwnbrances will also be necessary to bring them in line with the corrected budget. FISCAL IMPACT: - These actions have no impact on the General Fund. The budget modification will result in a positive impact to the TransNet fund of $1.5 million. In addition, there will be a positive impact to the ClP Fund of $5 million. Both of these positive impacts are the result ofreduced appropriations, not additional funds received. FUNDS REOUIRED FOR CONSTRUCTION CHANGE ORDER Northbound (NB) Ramps Construction* $ 1,008,555.69 NB Construction Contingencies (10%)* $ 100,855.57 Southbound (SB) Ramp and Main Street Construction $ 504,277.85 SB Construction Contingencies (10%) $ 50,427.78 City staff costs, including inspection for NB & SB work $ 100,000.00 TOTAL FUNDS REOUlRED FOR CONSTRUCTION $ 1,764,116.89 * SANDAG RSTP Reimburseable costs at 88.53/11.47 ratio. Adoption of the resolution appropriating project funds will increase the TDIF budget for Capital Improvement Project nwnber STM351 - Dual Left Turn Lanes - Main Street to I-805 by $1.7 million. - Attachments: 1. Resolution 2004-135 dated April.27, 2004 6-7 Page 8, Item L Meeting Date OS/24/05 2. Proposed Change Order Aerial Plat & Striping Plan 3. SANDAG letter dated May 2005 4. Cooperative Agreement No. 11-0601 dated May 6,2003 5. Resolution 2003-175 dated May 6, 2003 6 Amendment to Cooperative Agreement No. 11-0601lAl 7. Categorical Exemption Categorical exclusionIProgrammatic Categorical Exclusion Determination Form for northbound ramp dated January 22,2004 8. Environmental ReevaluationlAddendwn for the Interstate 805/East Orange Avenue/Olympic Parkway Interchange Project dated May 2005 9. Traffic Control Charts J: IEngineer\AGENDA ICAS200515-24-05ISTM -328 CCOMainStAgenda Statement.fxr.doc 6-8 ATTACHMENT \ - - RESOLUTION NO. 2004-135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A i CONSTRUCTION CONTRACT FOR . THE I-805/EAST ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE IMPROVMENTS (STM-328) TO YEAGER-SKANSKA INC., IN : THE AMOUNT OF $14,859,035.30 WHEREAS, the City desires to reconstruct the interchange at I-8051East Orange Avenue/Olympic Parkway in order to accommodate additional lanes on the bridge deck and approaches between Melrose Avenue and Oleander Avenue; and WHEREAS, on January 2, 2004, the City Engineer advertised this project in i ~ conformance with the City ofChula Vista's competitive bidding process; and WHEREAS, by 2:00 p.m. on March 30, 2004, the City Engineer received a total offive (5) bid proposals for this project as follows: Contractor Bid Amount Yeager-Skanska Inc., Riverside CA $14,859,035.30 Erreca'slHanscn/SJH, Lakeside, CA $14,866,762.90 I -- FCI Constructors Inc., Vista, CA $14,894,893.50 I - Diablo Contractors Inc., San Ramon, CA $15,181,366.00 Hazard Construction Company, San Diego, CA $15,742,647.72 WHEREAS, the bid received by Yeager-Skanska Inc., in the amount of $14,859,035.30, . i is approximately 1.2% over the City Engineer's estimate of $14,682, 179; and i WHEREAS, Engineering staff has verified the references provided by the contractor and their work has been satisfactory; and ! WHEREAS, staff has reviewed the low bid and is recommending awarding a contract in the amount 0[$14,859,035.30 to Yeager-Skanska Inc. of Riverside, California; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA), and National Environmental Policy Act (NEPA) and the Mitigated Negative Dec1arationlEnvironmental Assessment (MNDIEA) and Mitigation Monitoring and Reporting Program which was issued and accepted by the City Council on May 6, 2003 (Resolution 2003-181); and WHEREAS, the Federal Highway Administration (FHWA) issued a Finding of No Significant Impact (FONS!) in accordance with NEP A on May 9, 2003; and WHEREAS, no further environmental review or documentation is necessary; and WHEREAS, a public hearing regarding the waiving of a defect in Yeager-Skanska Inc. 's .-. bid was held at the 6:00pm, April 28th, 2004, City Council meeting. - i 6-9 ....-- Resolution 2004-135 Page 2 WHEREAS, Yeager-Skanska Inc.'s unit price for line item 133 in words and figures, along with the total bid amount, is consistent; and WHEREAS, the bid docwnents for this proj ect state that if there is a disparity between the Iwnp swn and unit bid price the unit bid price set forth in figures and words takes precedence; and WHEREAS, it is necessary for the benefit of the public to waive the defect because it is inconsequential, re-bidding the project would delay a $15 million dollar project for at least a month and a half, and re-bidding the project wouJd also likely result in a significantly higher low bid. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby award the contract for the "I-805/East Orange Avenue/Olympic Parkway interchange improvements (Project STM-328)" to Yeager-Skanska Inc., in the amount of $14,859,035.30. BE IT FURTHER RESOLVED that the inconsequential defect in Yeager-Skanska Inc.'s bid is waived because it is necessary for the benefit of the public. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by c...- ~ , Ann Moore irector City Anorney 6-10 -.... -----.-----, -- '---'---"'-.--""--'-'--"--'" ,-,_. . -_.- ___.'_n __________~_______~_,__ ___________________.________ ...._.__.________. . ____ '_'_~_'_' _ ..~ Resolution-13 5 - Page 3 - PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 27th day of April, 2004, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None /rsKdL I I I ATTEST: i I i i --:: Lt..A.. Ii , ~.P of). -' Susan Bigelow, CMC, City erk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) - CITY OF CHULA VISTA ) I I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2004-135 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of April, 2004. Executed this 27th day of April, 2004. - _ ~..J 1...1L...:1~~~ Susan Bigelow, CMC, City lerk I - I - I I , I I 6-11 I _0 left. k • 5- f WAL N! :�cvl{ii is �a �r gM1 ,FAQ ry � i z '"kg To SA C e o.�*� a,gtt r sm LL .; ysr si P C V \ 1 y i 1 I � thin a w as Las 1051 Y5 �'kitFq Ylo vJ q �� 'r 1 Se may, *y�c � 1c43 5 k jig @fs p` n i L.1 iY < iT �� 1 i t.�`�s � i� a '`�° ■. i w E!5k i° k a kt_p si t o q b i; H. .. . - - .. ' ...,,,.,,,",, .' a ~ '00.....-.... ",,,,:r,;~ -?I-OI ',' ",," 9 .... .. !' t " \.:,/-@= z ~ _" .. ~ ',",,9. I L ..13'"'SOdH ,\3,;'HS 335 .'" .. Q. i: ~'I( . . ..'IS'H"H'"" :;;. ~ .... 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I 'i:!!2J' ID Ii " " . . \ oD"" ~ :! , ~. . ~ j \ ~ , 00" ..m~lsO~,~~'H~ 335 J " .. .15 'NI1 HOlO" · , ~ ""':.",-","c!-._ t: '_~'"'' j o'~';;i'r ~ :;:U---",,''!:}.J:::!}~71 85/18/2085 13:47 519-599-19~5 SD ASSOC OF GOVTS PAGE ~2/82 C~OAG ATTACHMENT 3 )1'.. . 40 7 ~ Street, $/J/t:a 800 May 17, 200S 1109100 San Diogo. G<\ 921QI-4<31 (579) 599-1900 Fa. (519.1699-1905 Gary Vettese, Distric:t Local Assistance Engineer \l'MMf.sandag, crg Caltrans District 11 - MS 30 P.O. Box 85406 San Diego, CA 92186-5406 Dear Mr. Vettese; MEMBER AGENCIES This letter is to request that a construction post-authori~ation augmentation be processed to add approximately $1,110,000 to the City of Chula Vista's C:JtI~Sf)f Olympic Parkwayfl-805 Interchange improvement project (federal project CilrlsbaeJ number 5203(019)). This augmentation will provide funding for the north chul~ Vfst8 ("nrnniildo bound ramp meter to be oonstructed at the Main Street/I.805 interchange as a {)IaIMiJ( contract change order. The appropriate matching funds will be provided bi PI Citjon the City of Chula Vista. EndniU/:J EscDndlda The programming change will allow the ramp meter. ourrently programmed in Impen"al Beach the 2004 State Transportation Improvement Prog ram (STIPJ in U1 M~5iJ Fiscal Year 2008109, to be advanced and constructed beginning this Summer. It ..- is our understanding that the cost of the ramp meter as a stand-alone project L~m()nGmvp. No/iiJr/cl City is approximately $1.7 million, thus resulting in a net savings to the region of Oceijr1side approximately $600,000. The program amount of the STlp.funded ramp meter Pow.Jy project will be reduced during the 2006 STIP cycle to account for the early San Diego implementation of this element of the project. 5.n Man;:O$ .<;(!n~ Please contaot me at 619.699.1908 if I C'1n be offurther assistanoe. Soli/na Beach visl'() Sincerely, il J~~,,~ and -r county or San IJlcgo _.-Jq~ ADVISORY MEMBERS JOSE A. NUNCIO /mpp.rial County Senior Engineer and Program Manager California ~partmerH JANlmh or Tr'anspaf't.iHian /IIIr.tmpQllt<itn Tr<ln$./r .'SygP.m cc: Frank Rivera, City of Chula Vista North San Diego County Carl Savage. Caltrans Tr.m:;;! Development Board Unitf'ld5t.;.tF!.( Dp.pitrtmt':nr of ~fen$f! S",rJ D;~9Q Unmr.d Port P{strict - 5.;n Diego County Wa /;!!or Authority Mr.wi(f) [;-14 -'-' ~ r.. --- ,. , ..,,,J -- -o~ . -(i 0'55"3 /., ATTACHMENT ~ . .1 0 (:'~, l ,: _ 1l-SD-305 KP 5.9/8.1 (pM 3.7/5.0) . EA lS6S83~34000 . . ~tNo. 11.()6()~ - 1-80SIOratige Avenue CoIlStn,lction COOrFJiATIVE AGREEMENT. . THIS AGREEMENT, EN'I'EREp!NTO AND.EFFECTivE ON _t-AA-Y~, :U:o.:3; isbdl~...... . the STATE OF cALIFORNIA; acting by IIDd tIn'o1igh its ~ ofTui~~(b1OOn, l..ti.u...Ito herein as "STATE",w . . . .. . ClTYOF cmJLA VIST A,a body Politic 'and a .municipa1COq1O~ oftbeSQIte. of, Ca1ifuniia, td"en-eo To.hemIi as "CITY", . .RECIT,!I.f-'O - 1. STATE and CITY pmsuant to Stteets!lDd Highways Code Sections 114 and130, are authorized to enter. into . a Cooper.itive Agn:emell1. fur improvements to State highWays. within City of ChuIa VISta. . 2. CITY df:sires to constroctSTATEbighway im.provmleDtS.cqnsistmg ofamodi.fic8tiim of the Orange Avenue InJ:ercbimge,traf'n~ sijpmis and Sound barriers onlnterstat.e 805 from.. . Mam Street/Auto Park PriVe to EilStl>aiomar stieet, ~toliercinas ~'PROJECT" and is responsible to ideD1ify andprn)lide I;IIle hundrCd ~ (iOO"AI) .orfuJ:idin8 for all capi1ai... . oUtlay and Staffing Costs, as set forth. in tJ$ ~.' . .... . 3. CITY ~ tb. ~ c6n1raCtdocumei1ts, advertise, iiwardandjit!m;n;!<\er a ~on . contract for PROJECT. . . . 4. The proje~t. development, . ini:I\lding~bu1 110t limited to; Proj~ P&port/EnVirolUllental Do:c1Jment (PIVED) andPlwis, SpeemcatiODSand Estinu!te (PS~), were cov~ in. Cooperative Agreement No. .11-8232, eXecuted by STATE and '~rrY 'on Apri\ 9,2002, STATE Document No. 015322 (CITY Resolution No. 2002-(99)... . . 5. The parties hereto intend to define herein terms and conditions uDderwbich PROJECT is to be constructed, fin~n<;ec\ and tn~;'11ained . . 6-15 . 11-0601 015563 SECI'lON I CITY AG:REES: 1. To provide all necessary engineering including plans, specifications. and. utility identifiC;ititm, location, relocation plans, and "As-BWlt". plans for PROJECT and be xesponsible to identify and provideolle hundred perceiit (1oo %) of Cxperise thereot: sw.>ject. .. to approval by STATE. . . 2. To secure all required permits, including but not limited to. Regional Water Quality Control . . BoaidnwnberAOI; U.S. Corps of Engin!:ers nwnber 404, Depiu1ment of Fish and Game number 1601; and Coastal Zone, prior.toissuing a Notice to Proceed to Coniractor selected toCODStruct. PROJECT.. . . 3. To advertise, award and .timini..t,er constrUction contract fot PROJECT in ai:cordance with requirements of state.COntr;ict Act, Local Agency PllbIicConstrUction Act and CaIifotnia LabOr Code, inclucIiDgits.pt.evmnng wage proyisions.Workers employed in perf'onnance of work contracted for by CITY,andlorperl"otmedundel encroachment permit, IttecOvered:by proVisionS of Labor Code in same manner 8s:areworlrersemplo~ by STATE's . . Contractors.. CITY shall obtain applicable WI!ge rates frcimS_Department ofJnduslriaI Relations and shall adhere to applieableProviSions of State Labor Code. Violations shall be reported to the State Department of~ Relatio~. .. 4. To award a coD1ract for construction of PROJECT to the lowest responsible bidder. CITY will not award a cOO.tractwithout written COIICurrenceby STATE: 5. To advertise and awaid PRQfflCT in accomance with mom ~. publiSbed Local Assistance Procedures Manual and amendmerits thereOf: . 6. To forward, within 10 days ofoontIact aWard to STATE. District 11 Local Assistance Program Manager, all official. ~nti-2ct information; including .cotitractaward amount,. contract award date and .bid summary of sUcceSsful bidder. Failure to comply will cause . deIaysin the STATE processing invoices forfue CODStruciionphase, Please refer to SectiOn. 15.7- Awards Package of the Local Assistance ProcedureS ManuaL . 7. To comply with DiSadvilntaged Business Enterprise (DBE) ProgramGuideIines in advi:rtlsing, awarding, and reportiiig DBEni;!i,.,rnon for PROJECT in aCcordancC with the Anriual DBEProgram approved by STA,TE's District I 1 Local Assistimce Engineer. 8. . To apply for a necessary, fee cJ{empt, encroachment permit(s) for required work within STATE highway rig!1t of way in accordance with STATE's standardpei'mit procedures, as.. more specifically defined in Afti,cles (3), (4), (5}and(6) ofSection.ffi of this Agreement. 9. In recogrrition th<It PROfflCT constructiOn ~ done On STATE's property will not be directly funded and paid by 8T A TE; fOt-the pIiIpose of protecting stQp no1ice claimant$ II1lII . Page 2 of 14 6-16 . . 11-060 1 015563 -- the interests of srA TE relative tosu~sfuI PROJECT completion, CITY ~to require the construction' contractor 'fuI:piSb. both a payment arid ped"omIancCbonduamilig CITY as obligee with both bQnds wmPlyiI!g with thC requiremI:n1s set fOrlh in Section 3-1.02 of . STATE's CIiIIent. Standard SpeCijicatioilspcior to perfuiming anyPRQJECT construction WOIk. CITY. shall gefeud; '~ify" and hold ha.mft<< Sf.ATE. aud all iIs. officers . and . employees from all claims by smp notiCe ('blima_ related In !be Cimsttuction of PROJ'ECI' UDder 1111: pa~ bond" 10. ' Contract AdminisIration procedUres sball confOrm to ~ set forth in STATE's Constructi()nManual, Loaal AssistanC:c Proc:edurts MaaiiaJ.' aud EDcroachment Permit for . construction of PROJECT. . 11. Construction within existing or ultimaie STATE right of way sball comply. with requirements inuSTATB's Stimdard Specifica1ions" Standard Plans, PROJECT Special . Provisions and Plans, and in confOnT1~".ewith metbads and ptadices specified in sTATE's Construction Man1Jlll, and subject to ~val of STATE R.eSicIem Engineer tOt oversight [in accordance with Articles (2) and (3) of Section II]. 12. CITY desires to use STATE statt to perfol:lll surveys as REIMBlJRSED WORK. suCh surVeys perfomied shall.. confOl:IIl' to methods, procCdim:s,. and requirements. of STATE's . Surve~ Manual and STATE'S Staking Information BoaIdet" .and subject to approval of STATE Resident Engineer for oyersigbt.. f'~ project $urveySwi1l include fuIal right of way tnonumentatiOn in accordance with District II Survey Branch policy and ~. - 13. CITY desires to use .STATEstaffto perful:lll materi~ testing and quality <;:oDtroI as REIMBURSED WORK. . Such work. shallconfoimto STATE's Construction Manual and sf A1E's Materials Testing M<uiUal and~ performed, atPROJECT'sexpease. JndePendent assurance testing, speciaity testing and off.site. sOurce inspection. and teSting shal1. be perfonnedby STATE, at PRbJECf'sexpense as RElMBURSED\VORK.. Selection of asphalt and concrete plams. shall be approved by STATE prior to issuance of Notice to Proceed to contractor. .. 14. CITY is responsible to identify and prov.ide one In.n!d:n:d ~. (100%) of actual ~ of consb:lJctionJ:eq'Uired fur smi~1Y. C01i:Jplc1ion of PROJECT, including chqes ~ to contract change orders. .construction related claimS" arid 8lbillodion rulings an4,any wStaIe- fiutti.med material" required for~ject. .' .. 15. CITY shal1 perform a. system.. operatiOnal check for deficiel;lcies of all exi~g facilities . within the PROJECT work. limits,at CITY's expense, ilsthe first order of work. in, the contract. The facilities to Qe ~ed include, but aie not 1imited to, all electrical; ~,. . iIrigation and landscape; imd signage .elements. If,Qeficienciesare found, CITY sba1l not be responsible for repa,iring or replacing a deficient facility. UDlessthat deficienCy is to be repaired or rep!&;ed as shown in the plans. .' . .. 16. To furnish qualified support staff;. subject to iIpJm1wl ofST.ATB. including a full time Resident Enginc;er, as neCessilty. to ~ that construction is be41g pezformed in accordance . Page 3 ofl4 - 6-17 Il~1 0.15563 with plans and speCifications as approved by STAlE. Sa.id qualliied support staff sbalI be independent of design engineering company and construction con~, except' ~ PROJECT designer may check shop ciIawings, and prepare consttuctiOB change otders. The Resident Engin~ sball bea licensed Civil Engineer intbe State- of California and IDUst be a public employee in accordance With Chapter 16 Qfthe Loc;U Assistan<;e Procedures Man,ua1. . 17. To .include within constniction.contract docwxuims a tequitemer1t by WhiCh ~ntnII:tor shall provide STATE's and ClTY's constmction staff with field office facilities requiIed to properly complete inspection, testing and COIistruction engineering of project. . ~pment . shall include, b\lt is not limited to desks, cha.iIS, coIIJ.PUtcrs, fax machines, copy machines' and multi-line phones. 18. To make progress payments to Contractor, using PROJECT funds .asapproved by STAtE . Resident Engineer for oversight. . CITY representstiveSbandevelopallconhactprOgJ:ess pay schedules. CITY is responSible fur accuraCy .of jt"';';';,.,;non on progress pay schedules. . .. . . 19. Upon coxnpletion of work ~this i\greement, CITY 'will assume maintenmJce aDd the expense thereof for any part of PROJECT locatCdo~de of STATE's right of way until acceptance of any Such part of PROJECT into STATE's highway system by STAlE, approval by Federal Highway AdministratiOn (FHW A), if requirI:d, provision of adequate . acCess for maiirtenanCeto'~and new STATE right of way and conveyance of acceptabletitleroSTA1E.. .. . . 20. To m~;nt";n, or cauSe to be ~ PROJECT 1~1I~,c'lpe within'STATE's right of way for 36 months from. date of completion ofeonstiucti.on, in =Idance .with I~"'ape maintenance provisions, .tosatisi'actionof and sUbject to apProval of ST A TE.CrIY sbalIDot be responsible for landscape within the- STATE's rigbtofway, wbicl1 was. not within the limits of the construction distatbance Shown. On the plans or included in an approved contract change order. CITY sha1Im.int1)i" , or cause to .be mRint~;TIl'1i, existing facilities within the coDstroction disturbance liniits that service arCas within we PROJECT liinitsbut which,are outside of the cOOstructiOn distmbance lliDits. ... . 21. . To pay all PROJECT related landscape maintenance costs including water costs for 36. months from date .of completion' of constructioit,and to.~ or cause to be.repaired any deficiency during that period that is within the PROJECT's disturblince limits or damaged by the PROJECT's cOnstruction or 1.n.-i"".ape maintenance~ties.. . 22. If CITY terminates PRO.rncT prior to completion of the construCtion '. contract for PROJECT, STATE may require CITY to retUrn 10 STArn all STATE timds previously paid, or to return STATE's right of wiry tQ i~ Qriginal cilndition or,to a condition of acceptable p=anCnt Oper.mOIi. .If CITY fails .to d<J sO, STATE reserves the right to finish PROJECT or place PROJECT in a condition of i:ari~ryperIIlaI1e!ltopeiatiOl:L STAlE will bill CITY for all actuaI expenses inCUI1'ed and CITY agtees to pay said ~!W;within · thirty (30) days or ST ATE, ac~g through the State .Comrollcr, may. Wnbhold 811 equal amOUnt from future apportioriment due CITY from the Highway Usa' Tax Fund or ail}' other available funds.. . . Page 4 ofl4 6-18 . 11-0601 015563 . 23. To retain or cause to be retained for. audit by STATE or other gOv~ Bliditofs for a period of.!hr~ (3) years from.d$ offinal.~. all ~ and accountsreJating to construction of PROJECT. '. . . . 24. To submit progress invoi~ for rein1bursable project costs of cOnstr\jCtion and collStrw;tion support direc\:ly to the OffiCe of Local Progr8ms and AcCounting or to the ConSultant .ServiceSIFunctionaIManagem~ Support Bn1nch in the case of STIP-RIP noise barrier construction invoices. Invoices. for reimblJnable project costs will. be submitted no more frequently than once a month. 25. CITY will be responsible fur reque.n~ a State ~ of STIP-RIP timds ($1,145,000) for'noise barriiir Constroction.Thesefunds must nieet all tiJ):le1iDeS and n:quiIemc:n1s ~ STIP Gui&linesfur use of STIP ~ds.AIl alloCation requests and AmP.nl!m""'" must go through STATE's District llc;onsuItimt ServicCsIFunctionaI Management Support B~ . . CITY will be responsible for ensuring that billings of cITY'sconlI;lctors fur this wOrk are segregated outftom intcichiinge modi1i!;lltion work, and CITY win be reimbursed for eligible capital ~ditures upiD allOCated illn01jl1t of STIP-RIP fuDds authori:=l by the' . CTC for PROJECT, .. . 26. . CITY will be responsible fortequesQng State allocatioi1 ofState..oDIysTIP funds which will . -' be used to match Fedei:alRSTP~. All alloOation ~ mUst go through STATE's. District 11 Office of Local AsSi-""p.. ... 27. City will be responsible. forreq.~"gF.ederal-Ai4 Project Authori$onfAgreeme;1t or A m....nment/Modification (E-75) of 8TIP-RIP fQQds. fur noise barrier CQJISIrUCtion lip to programmed amOlmts in SANDAG'sRTIPIFTIP. CITY shall.aIso su1Jm.it a finance letter shOwing the breakdOwn in fUn4ing.. fur C$lim<dM construction capital. and suppprt expeI\ditures(as per Cbiiptei-.3ofthe Local Assistm\i:e ~ Mariwil) with the E-76.. Federal Authorization to Piocee4 mustbi:o~ by' STATE's DiStrict 11 Consultant .. Serviees/FlJD.ctionaI Management SJlpport Bninch prior to pl'!)ject bei!1g advertised by CITY. All . reqUjieinents identified in the 'II!-ost pUrrent'pub1iShed. Local Assistance . Procedures ManUal and ainendments thereof apply to use of these funds; crrY sbaIl seek reimbursement on their reimbursable project ~.by submitting progress invoices in triplicate to:. .. . . Consultant Services/FUDctionaI Management Support Branch . 2829 JuanSL, Mail Statiori 92' . San r>iego, CA 92110 28. CITY will also be responsible for cOmpletiDg Ii. final project cost analysis of eKP""mnll'eS 8s pIIrt of their final invoice submittal tQ,sTATE's District 11 Local Assistance Engineer once . . project is completed, CITY will bereiinbursed for eligible capital expenditures up to that authorized anu;ulit minUs required non-FedeIal match fupds Payable ~ CITY. . Page 5 ofl4 . - 6-19 11~1 01.5553 29. CITY will be resPonsible for requesn:ng Federa1-AidProject Authorization/Agreement (lr AmendmentIModification (E-76) of RSTP and HP-21 (DEMO) funds up to programmed aroounts in SANDAG's RTIP/fITP. CITY shall also submit a finance letter showing the . breakdown in fimding for. estimotf>li construction. capital and support expenditures (iIs pet: Chapter 3 of the Local Assistance Procedures Manual) with the E-76. . Federal Au1!wri1.2tion to Proceed must be obtained by STATE's District 11 Office of Local J\ssistI!nce pri~ to project being advertised by CITY. All requitem:ents identifiec;1 in the mostcuiTentpub1ished Lcx;al Assistance Procedures Manual,andamendme8ts thereofapply to use of these funds. CITY shall. seek reimbursement on their reimbursable project costs by.submitting progress invoices to: . Office of Local Programs Accounting Branch . .PO.Box 942874, Mail Station 33 . Sacramento,CA 9427~1 30.. CITY agree~ that theri:imburSCment of Federal funds will be limited to amounts approved by FHW A in the E-76 authorizatiol1, and CITY accCptsany I\ISIIltant incieases in CITY fundsa.s shown in Local ASsistmiceFinance Letter, and anymodifiC!ltionthereOf as . appro~ed by STATE's Division of Local Assistance, Office of project Impleaientation. . 31. To have an auditin aCcordance with Single AuditA/;:t OMB A-133 if CITY receives.~ total of$300,OOO or more in Federal fut1ds. in a single fiscal year.. 32. To obtain loCal sales tax funds as IJeceSSll!)' for construction QfPROJECT. 33. To deposit with STATE, within twenty.five (25) days of receipt of billing thereof, the amount of $173,432, which figure represents 2 mon1:Qs of CITY's estimated share €If expense of REIMBURSED WORK costs for PROJECT; as shown on ExIrlbitB. CITY's total obligation for said anticipated PROJECT REIMBURSED WORK costJ!shall not exceed amOunt of $2,008,677 (JulYZoQ2.dol1ars),ptovidedthat CITY may, &tits sole discretion, in writing; authorize a greater amount . 34. To deposit with STATE not !alee tQan ten (lO)worldng days prec~ng begiTln;ng of eaCh month; estimated REIMBURSEDWORKco~expenditureS for that month, and to Continue making suchad,<ance deposit on a. mOnthly basis until completion of PROJECT coastruction. . . 35. To warranty for a period of 3 years after completion of construction, all new sip furirished by CITY's contractor for the PROJECT, 36. To submit all constl'uction change orderii within STA1;'E's right ofwayto STATE for prior approval, except for ci1angeordei:s necessauy for sai:ty of traveling publit.or immediate protection ofpropmy. . . Page 60f14 6-20 . 11-0601 015563 - 37. CITY coirtact: . Martin ~hilIips; Civil Rngi"eer Engineering DcPartmei1t . 1800 Maxwell Road . . Chula Vista, CA 91911 619-397-6090 SECTION n STATE AGREES: I. Upoo proper applK:ation by CITY and by CITY's ~OCIu1, to mue at no cost' to CITY and CITY's contractor, nec~.<iI\TY encroaclunentjlennits fOr required WQIk within State highWlilY right otway, as mOre specifically cI.mn..t. in Articles (3), (4); (S) and (6) of ~ III of this Agreement. . . . . . 2. To provide, at no cost to CITY, a qualified.STAJEResideIit P'1gi-foi'ovcnight. ~.- 3. To provide, at CITY's cost, REIMBURSED WORK staff [to Ii. ,maximmnof eleven (11) persoro;/year] and other .reSounies~saryto ,8CCOIIIpiiSh constructional PROJECT, including but not limited to, CO~OJl surveys, soils aDd fouildationteSts, measurement . . . . .and computat,ion of quantities, testing of CoDsttuctionmAtP.riRI~ reviewcifshop draWings,. ptepanltion ofestiniates and repOrI$, .review of as-built ~ 1"~.:d by CITY, and other construction inspection ai'Jd .stI!ff serviCes as necessary to asIiIIrC that CODIItruction is ~ perfoxmed. in 8CCOrdance . wi1h p)ans andspex;ffi.catians, which setVkes shall be referred to herein as '~URSED.WORr. REIMBURSED WORK stI,tf shall have . authority to accept or reject construction werle: and iriaterials or to qtder II11Y actions needed for public safety or preservation of property and to aSsure compliance with project plans,. ~ provisions, and an provisions of encroachment pemrit(s) iSsUed to CITY and CITY's contractor for work done within STATE'sright of way. 4. STAJE's Office of LOcal Programs AccoUnting will review invoices and 3PP!Qve requests for funding .reimbursement. for RSTP, State-Only STIP. and HP-21 fund!!, prepared by CITY, within ten (10) Working day!!, ftoin date of n=ipt of submittal fur . cOsts incurred for constrw;:tWn ofPROJECT. 5. ST A JE' s District '1 I Office of Coniultant Scrvices/FUllCtional Management Support Branch will review invoices and approve requestS for funding reimbursement forSTIP- . . . RIP fimds, prepared by CITY, within fifteen (IS) working days, from date of receipt of submittal,. for costs incurred for constrUction of noiSe barriers for PROJECT. . . Page 7 of 14 - 6-21 11-060 1 015563 6. Current budget estimate and funding for PROJECT co~on provided by CITY and STATE is illustrated on EXhibit A, littachedand made part of this Agreement. .. 7. To not exceed PROJECT budget for REIMBURSED woRK. as eStimated in ExhibitB, without prior written authoriz3tion. mllll CITY. Current bQdget eStimAte for ,PROJEcT REIMBURSED WORK. is $2,008,677 (July 2002 dolJars). 8 To submit an initial billing in amount of $173,43~ to CITY. immediarely following . . e,xecUtion of this Agreeinent.. . Said ini.1:Uil billing represents cItY's share for 2 mo~ of . estimated cost ofREIMBtJRsEDWORKfor PROJECT.' . 9. Thereafter to .. .. 8nd submit mcm.1h1y billin . ~""'P.nk to CITY for estim.-! . prtIp!U'e . g. .. . . expenditmes for REIMBURSED WORK..for PRO,JECT one month in adVance.. . 10. To furnish CITY with a final detailed ~eni .of REIMBURSED WORK COSIS to be . bomeby PROJECT upon Complenon and approwlof constnictIOil of PROJEcT. . Ii. To provide at CITY's c~, any "~fimIished mate!iaJ."as.sbawn an die PS&E p)aus for PROJECT and ~pravided in au; Special ProviSions for'PROJECT. . 12. STATE Contact . Charles W. Davis . Project ~gcrforOveIsight . 2829 Juan Street . Sail Diego, CA 92110 . 619-688"3156 . SECIlONm IT IS MUTUALLY AGREED: 1. All obligations of STATE under te!mS of this Agreement ate subject.to appropriation of resourccsby . LegislatuIe and allocation of resoutceS . by Califumia Transportation Commission. . 2. Should Ii portion of PROJECt be financed with Federal fimds or'Stategas ~ funds, all applicable laws, .regulations and policies relating to use of Su,ch fimds ShaD. apply nOtwithstand41g other provisions of this Agn:enent. . . .. . .. 3. C~on of improvements referred to herem wIIich lie within STATE's highway right. of way or affect STATE's facilities shall not be com11:'"nced until ClTY's original contract . plans involving such wOrk and plans for' utility reloca1lons have been reviewed and approved by STATE's District 11 Director of TranspOrtatiOn, or District 11 DiRctor's Page 8 of! 4 6-22 11-0601 015563. - delegated agent, and until an encroachriient jJe.rmi,t to CITY amhOrizing-such WOIkhas been issued by STATE, ~ReCeiptby CITY of STATE', en<:ro""hm~ petmi.t shall constii!m: ST A'IE' s acceptance of said p)an&. CITY shall not isSue a Notice to Proceed to eoirtnIctor for PROJECT until after eIlCI'Q""hm~ pet;mit bas been issued byST ATE. . 4. . CITY shall obtain af~d eucioachmeni peanit t,hrough office of STATE's District II Permit Engineer and. CITY's ~ application sbal1 be IICCOtUpIInicd by twO (2) full ~ constroction clan sets (mc1nmn';' SDeCifications) and twenty-five (251 seis of tedUced construction chms (llxl7) (meluding specffic8tiqns) ofllforesaid STA'IE ~. contract plans. Receipt by CITY of approved encIDacbment permit sball constitute CITY's au1horization from STATE to proceed withwoIk-wbe perfOltlled by CITY or CITY's. representatives within proposed Stilteright of ~y or which affects STATE's facilities, pursuant to work covered by this A8reement CITY's aIJthcirizatian to proceed. with said. WOIk shall be 60ntirigem upon CITY'sConipliance with all proVisions set foithin this Agreement and said ellCI'Q8chment permit. . . S. CITY's construction contractor sball pbtain.& sepiQc .~pennit froinSTATE .. prioi'to colDI)lencmg any iIrork within STATE's righis ofway or which affects STATE's facilities. T!1e CITY's CoJ1.tmctOr's pet)Jrit appIicationsban mclude ~f said contractor has acceptable and valid payment. and. perfOItD:aDCe sumy bo1ids covering PROJECT coostruction. ' - , . . . 6.. CITY shall provide a right9f Way cerlificauon prior:to grBDting 0{ said encroacbmC!]t pemiit - by STATE, to certify thirtlegal and physcillConirolof rights of way were aCquired iIi acCordance withaW1i~le State. and. F~.laWs andIegU!atiQDS. Ifprevi9USIY lIIIidenti1ied rights of Way are iequiIed during. construction of PROJECT, crrYsball provide legal and physicill control of right of way, and identify all fuiIding required to acquirC such rightS otway. cITY: shall provide completed resoUrce agencypermjts ~ to PROJECT ,includirig for all mitigationrequiremcnts of PROJECT prior to issuancci of Notice to Proceed to conlractor. . . 7. Ifany existing public-andlor privlite utility.faciIitii:sconf1ict with co~ofPROJECT or violate STATE's encroacmIient policy, CITY sbal1make all necessary fI1TIUIlr"~ with . owneis of such facilities for their. protectioo;. :relocation, or mnoval in iIccordanc:e with ST A 'IE's policy and procedure for those facilities located withiD'!iDilisof WOIk providing for improvement to State highWay and in ai:CO~ with ClTY's pOlicy for those facilities located outs.ide of limitS of work for imprOvement to State highway. . Cost of protection, relocation, or removal, within STATE right €If way, sbaII be apportioned betweenOWDer of utility facility and CITY. in accordance with STATE's po~ and pI'CCCI!u= CITY sbaII require any utility owner perfooning- r$~. woIk iri STATE highway right of way to obtain an encroachment permit from STATE prior to pCr!.\xmanceof said rdOca;ion wOrk.. ~uirements of most current version of STATE's "Policy on High aDd Low ~ Underground Facilities WrthinHighwayRights.ofWay" sbaI1 be fuI1ycomplied with. A1rj relocated or new faciliti~. sba1I be correctly shown and iQp.ntifi"'tl on final ~ As-Built" plans. Page 9 of 14 - 6-23 11-0601 015563 8. Any hazardous material or contamination of an HM:-I category found within existing State . highway right of way during constructiqn requjring remedy or remedial. action, as defined in Division 20, Chapter 6.8 et seq. of Health and Safety Code, shall be respOl1Sl"bility Qf STATE. Any hazardoUs material or contam;"otion of an HM:-I c8tcgory found .within local road right of way duringeonst:ruction ieqUiring.same define<lremedy or """""""i..l action shall be responsibility of CITY. For ~ piirpoSe oflhe ~. ~1IIIIIcrial ofHMcl category is defiDed as, that level or type Ofeontmnniatint' wIrich State or FedInl reguJa!Dry toD!rol agencies having jurisdiction have de~ must be r=erli~"'" by rewn Of its mere discovery regardless of whether it is~tu.rbed by PROJECT or DOt. STATa shall sign 1bc HM-l manifest' and pay all costs for.remeQ.y or. remedial action within ~ exisIing SIBle bigIrwiIy right Of way, except ibatif STATE de1clmines, . iIi its sole judgment, that STATE's cost for.remcdy or m>Jf'1tial . action is iricreased as a result of procefrlingWifu construCtion Of PROJECT , . tb3t additiooa1 cost iden!ified by STATE shall be home by CITY. CITY shall sign HM-l manifest and pay all coSts fu.r required remedy or remedial action outsideof~TATE rightofWliy. STATE Will exert every effort to fund remedy or l"'rt'IMi",J.adion fopvhich STATE istespol1Slole. In event STATE is unable to providefi,nding; CITY will haye oPtion to ei~ deIayfurther ,"- -. - , . construction of PROJECT until STATE is able topWvide fuJIding or CITY may.~ with remedy or remedial action at CITY's expeI;)Se. Wi1fwut w subseque:ut rehnbItsement by . STATE. . .. 9. Remedy or remedial action with respect to anyhazard~ 1J]aterial or coDtamin"tioti. of an HM:-2 category found witbinand outside eXisting STATE high.wayright of way during. COI)Struction shall be responsibility .of CITY, at CITY's expeB$e, as Ii ie$u1t Qf ~'1g with constniction of PROJECT.. Forpmposes ofth1$Agreement anylJaimdous material or contarilinationofHM-2 category is defined asthat'level or type of corltAm;",mon which said regulatory control agcn<;ies would haw. allowed to remain in place 'ifUDdisturbcd or otherwise protected in place had the PROJECT not pro~ Cl1i' shaII sign any. HM"2 . manifest if coI1$trUction of PROJECT prOceedS and HM-2 material m~ be removed in lieu ofbeing treated in plaoe. ..' . 10. If hazardous material or contan1in$ion of cather HM-l or $1-2. categoiyis found during construction on' new right of waYlilCqWred by or on accoUnto! CITY for PROJECT, ciTY . shall be respQnsible,at CITY's 6q;eo.se, for all required Iemedy Or remedial actiOn aDdJor protection in absence of a generator or prior pIQpCrt;y owm:rwillingandp.~ to perfonn that corrective work. 11. Locations subject to remedy or remedialllCtion and/or protectioninclll\ie Utility relocation work required for. PROJECT. Costs for remedy and remedia1 action and/or protection shall include but not be limited to, identification, treatInent, protection, removal, pndragitig. transportation,: Storage, and disposai of such material. . 12. The Party responSible for funding any hazardOus material. cleanup sball be!eSpOllSlole for deveIopment of n.-cessary remedy aridlor remediai action plans Imddesigns. pMnMia1 actions proposed .by CITY on State highWay. right of way Shall be pre..approved by STATE . and shall be perfornied'in accordance with STATE's Standards and practices 8Dd those standards I!)"T1n~tprl by Federal and STATE regi1latoty agencies; . Page 10 ofl4 6-2.!!. . . 11-%01 015563 - 13. CITY will not au1horize any work within the 5T A IE. right of Way not included in c:ontract docu1nents approved by STATE or. required to corDp1etC PROJECT without the written approVal of STATE~ Any work not aPProved in writing unci not considered 'asem.ergency work as determined by CITY and STATE, sball be sole responsibility of CITY. 14. Ifa preViously unidentifi~secsitive area(s-) is iclent:ifkdduring construction olPRC>.JE(:T, . work sball be stOppe!i m that area until a qllaHfi...q archaeologist, biologist, or other appropriate .staff can evaluate ~ and signifii:ance of fiDd ~reCEommeM mitigation strategies for the area(s): ~ CITY and STATE, in consultation, shall agree on the mitigation strategy to be fulloWed and responsl"bility fur costs for the selected initigation striltegy, if any. . IS. CITY .construction cOntractor shall maintain in force, until completion and acceptance of PROJECT. construction contract, a pOlicy of Conti:actual. Liability Insurance, including coverage of Bodily InjUry Liability mdPropcrty. DaniageLiabllity in accordance with' Section 7-1.12 of S_ Standard Specifications. Sucl1policy ~ CI).IItain an aQilitional insured endorsement naming STAtE, its. officers, agents and~ as a4ditional . insured.. A. CertifiCate of lnsiJrance shaD. evidence Coverage. ina form satisfactory to STATE, which sluill be de1iVeredto.STATEbefore issuance of an cncro."'''"'ent pmmit to CITY' . .. ..' s contractor. .. 16. Prior to award of construction cOntract for PRO.JECT, CITY may't....;.,m_this Agreement - by written notlee;~uJd c:rrY 1etqIinate.Agreement, CITY will bear all. costs. and . reimburse applicable costs to STATE for. ariy expenses dUe. diiect1y to termination of contract: 17. In construction of said PROJECT, ~veS. of CITY amd STATE will COup"nlt\;; and . consult with each other, but.dec!sions of STATE'sResi~ EngiMer f4r ewmgbt shall ptevail as final, bindingandconc~~ .inal1 DiattetS concqrning .PROJECT ConstruCtion con1Iacts within STATE right of way . Decisions. of CITY's. Resident. Engineer shall.ptevail . . as final, binding and conclusive iIiall IDIitters concernini PROJECT c;onstruction Contracis . within CITY right of way, exCept Where such matters affeCt safety of the tIa~lli!!g public or . ittunediate protection of property. All WOB: pursuant to PROJEcT sba1I be8L'~H.It...d according to approved plans, Specifications andlippIicable STATE standards, Satisfaction'of these requirements shall be verified by STATE Resident F>wnen for oversight. STATE. Resident Engineer fur oversight and other STATE. staff are iWthorizedto enter CITY property during cons!!Uciion at 00 cost to- STATE, for purpose of monitoring and . coordinating constniction activitieS. RepIesCntalives of STATE sball coordinate. all visits with CITY's Resident Engineer." . 18. Changes to PROJECT plans and specifications sbaIl. be implei:nenred. by coiJtra<:t change orders by CITY's Resident Engineer and ~ording to. SeCtion I, Artk1c 36, of this Agreement. All changesaf'fecting public sid'ety or pub1ic-convexu.eJiee, all design aDd specifiCation changes aDd aU majOr cbaDges as defined in STATE's CoDSf:nlctioIl Manual sball be approved by STA1E in advII}lCC of ~~lliing~ UnIe;!S ~ ctim:tcdby Pagel! of14 - - 6-25 . 11-0601 015563 . J_ STATE Resident Engin~ for oversight, changes authorized lIS provided herein will not require an encroaclnnent permit rider. . All clw1ges shall be $bo.wn on As-B1:Iiltplans referred to in Section ~, Article (1), of this Agreement. 19. For , any construction claUns, STATE's eoDStIuctionclaims piocess will be used with CITY acting as lead agency in. consultation. with STATE., CITYagrces to abide by outcome (jf said process, In event ~ ~ttalion. UDder prOvisions cifPiJb1ic COJIIract Code Section .. 10240, results from contIaCt claims proceSs, CITY will act lIS lead agency in arbitration unless otherwise agreed by STATE and CITY. . ' ..,. . . . . 20. . Pursuant to authority contained in Section 591 of Vehicle Code. STATE has.deteimined that wi1hin such areas as are within limits. of PROJECT and are open to public trame, CITY sbaII eomply with all ofr~enis set forth in DivisionS 11,12, 13,14, and 15 ofVebicle Code. CITY shall take all ~sarY p:ecautions for san; opemtion ofClTY'svebicles, cOnstruction contractor's equipmcrit and veliiclesand/or vehicles of ~ re1ainedby CITY and for protection of traveling public from iD,jury iuid, ~efrom Such. vehicleS or equipment. 21. Upon completion and acceptaiJCe of .PROJECT col.1SlNdion. cori1mctby CITY, .to ...rim..:tion of STATE representative and subsequl:nt to eatecution of a main1eDance . agreement, STATE will accept control and maintain, at its own eost and.~, those pOrtions of PROJECT lying Within STATE's right of way. STATE will tn,;;nt";1i at STATE expense, entire structure below deck sutface of anY CITY local road overcrossings. . 22. CITY will accept control and lTI,,;nrnin. at its own cost jII1d~, portions of PROJECT lying outside STATE's right of way, inclllClfug but not limited to any min.ganon lands, other agreed areas, and local roads delegated to CITY for maintimance. Also, CITY will ma;nt,,;n. at CITY expense, 'local toads within STA TE'1i right of way .delegated tp CITY for . maintenimce and reni~h,;ng portions of any local road o"...""UOIOOing. stnJCtuIes, including . dec~ surfa,ce of any structures, as well as all trBffic service facilities that tnay be required for . .. . benefit or control of CITY local iW1dtraffic including 1'I"t!'!"~m~ and parkways. . 23. Prior to completion of construction c:;ITY aDd ST ATE ~ to execute a ~..imP.n"","" agreement or agreements for I~805, traffic con~l sySiems, safety lighting; andencrgy CQ$. STATE and CITY agree to pay proportionate share of Said ""';ntP.n~ costs, including energy costs; 24. Upon completion of all 'work mlder tbis Agreement,. o~ and title to materials, . equipment and appurtenances installed within STATE's righ1: of way willautom,atically be vested in STATE, and materials, equipment and appurtenances installed 9utsideof STATE's right of way wiU.a~to!Datically be vested in CITY. Nofurtheragreemem will be necessary to transfer ownersmpas herein abov~ stated. . 25. Cost of any engineering or maintenance wt'erred to herein in this ~ shall include all direct and indirect costs (functional and administrative ~ assessmoot) attributable to such work, applied in accordance with STATE's standard Iiccounting procedures. Page'12 of 14 . 6-26 . . .11-0601 015563 - 26. Nothing in the provisiOD!! of this A~ is intended.to cIeate duties or obliga,tions to or rights in thirc! pilr1ies .not parties to this Agreement or a.ffect Jegalliability of any ~ to AgreeInent by hnposing any standard 'Of <:aIC with n:Spect to construction. operation, or . maintenance of STATE highways difi.'en:nt from standard of care imposed by law. . 27. . Neither STATE nOr any o:fficer"oremployee t1iereOfis rCsponsible -lor any ~ or liability occurring by reason ofanytliing done or omitred tobe:doi1e by CITY under orin connection with any. Work, authotity or jurisdiction delePtedto CITY undei .this Agreement. !tis understood and agreed that, pursuanttOGOVemm.~t Code Section 895.4, CITY shall fully defehd, indemnify Bridsave hiIrmlcss STATE ofcaIifoInia, all officers and . . employees from all c~. suits or actioim ~f ~ name,.kind and descriptiOn brought for or on accOunt of.injury (as de~ in ~tCOde SeCtioil810.8) occurring by reason of anything done. or omitt~ to be done by CITY under or m ~on with any work; authority or jurisdiction del~ to CITYuilder thiS Agt=neDt. . . 28. Neither CITY nor any officer. of. employeethmof is tespQnsible for any damage or.1iabiIity occurring by reason of' anytbingdlmeoroD:iitted to be done by STATE under orin . connection with any work, ~tyor jurisdiCtion delegated to stATE under this. Agreement. It is understood BDd agn:ed that, pursiJantto GOvCminent Codes Section 895.4,. . STATE shall fully defend, indCirinif'y and'save hmiUess.CITY from all claB,ns, suitS or. .. actions of every name, kind and description brought foi or on aCcoUnt.of inil11'Y (as de&Oi . in Government Code Section 810.8) occurring by Ii:asOIl of anything done or oti1ittcd tb be .- .done by STATE under or in c.ODIUiction wit1iany work, authority or jurisdiclionde1eg8fed to STATE "UDder this Agreement. . . ," . . 29. No alteration or. variation of tennsof this ~ shall be vali,d unless n1ade iIi writing and signed by parties hereto and no cttal Ui1derstai:ldin or $greemei1t DOt inaJrporaied hm1in shaD be binding .0Ii. any of parties hereto. .. Page 13 of!4 - 6-27 - - 11-%01 015563 30. Portions of this Agreement pertainilig to construction of PROJE!:T shalltt=n;nAfe upon completion and acceptanceo{ constructioncontract(S) for PRQJECT by CITY with concurrence of STATE, or on December 31, 2009 whichever is earlier in fune. However, ownership, opention,. Jnaintenani:e, incIemnification, aDd.claims claUses $baU. ~ in effect until terminated or modified, iIi writing, by mutual agreement Should a construction- related claim arising out of PROJECT be aSserted against CITY, STATE agrees to extend the termination date of this Agreement or execute a subsequent Agreement to cover those eventualities STATE OF CALIFORNIA. . CITY OF CBULAVIS1'A Uepanmeo.t of Transportation JEFF MORALES B,AV~ Director of Transportation tor-Construction Mayor ~ . . . Certified as to funds: By: - By: 0\.. ~~ District 11 Budget Manager City Attomey. . . Approved as.to form and procedure: BY:~~~. Attomey .. . . Department ofTransportation . Ccnified as to financial ter.ms and conditions: B'~ ""~ ACCOUNTING ADMINISTRATOR Page 140f 14 6-28 . ...ATIACHMENT 5 015563 ^- tit RESOUJTIONNO.2003-175 RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF CHUIA VISTA APPROVING A COOPERATIVE AGREEMENT wrm THE STATE OF CAUFORNIA DBPAR.TMBN'I' OF TRANSPOR.TATiON RBGAImING CONSTRUcnON CONTRAcr ADMINISTRATION ACTIVITIES TO BE UNDERTAKEN BY THE CITY. OF CHUrA VISTA ON THE INTERSTATE 80510LYMPIC PARKWAy-oRANGE AVENUE INTERCHANGE, AND AtrrHORJZING 'mE MAYOR. TO EXECUTE SAID AGREEMENT WHEREAS, the City of Chula Vista desires to construct State highway improvements mnrri.mllg of the modification of the Orange Avenue/Olympic Parkway InterdIange at InteIstate 805 and is respoIIS1"le to provide one hUlldIed percent of the fundiDg for this project; and WHEREAS, in order to permit the City to perform these contract functions, the State of Califomia Department of Transportation (CALTRANS) requires the City to en1I:r into a cooperative agreement which sets out each agency's responsibilities for the construction process. NOW, 'l1IEREFORE, BE IT RESOLVED the Gty Council of the Gty of Chula Vista does hereby approve a cooperative agreement with the State of Califomia Department of Thmsportation regarding constrnction administration activities to be 1JI1dertUen by the City of -e ChuIa VISta on the Interstate 80S/Olympic Parkway - Prange Avenue intcn::bangc and, a copy of which shall be kept on file in the office of the City Cerk. BE rr FUR'lHER RESOLVED that the Mayor of the City of Chura Vista is heIeby aulhorized to execute said agreement on behalf of the City of Chura Vista. Presented by Approved as to form by ~< CJ--- ~ Ami Moore City Attorney iHIS INSTRUMENT IS A TRUE AIQ Q, =, OF__ . -. - 6-29 f1i55tsJ Re$ol1fti.on 2003-175 v_ Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula VJIIta, 8 Califumia, this 6th day of May, 2003, by the following vote: AYES: . CotmcJlmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Counci1members: None ABSENT: Conncilm""'bers: None ~c&w- ATIEST: -'-<~A 1~'$.1J '" ~ Susan ow, City ae . STATE OF CALIFORNIA ) COUN1Y OF SAN DIEGO ) CITY OF CHUI.A VISTA ) @ 1, Susan Bigelow, City aed: of Chula VJSIa., California, do hereby certify that' the foregoing Resolution No. 2003-175 was duly passed, approved. and adopted by the City Council at a regular meeliDg of the Chula VISta City CouII.cil held on the 6th day of May, 2003. .Executed this 6th day of May, 2003. --:: ~ 11 tl..\.. ~g;J ~. -' Susan Bigelow, City aerlt "rIA ~\."il r\" i;l.~M\i>!lo..1 ~,... _IHt:tOftCD~]r tI~ ~ (I . 1llMU2 6-30 - 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 Dated: -5-- /1'1 /t) r;- I / Amendment to Cooperative Agreement with Caltrans - 6-31 ATTACHMENT ~ 11-0601/ Al - 11-SD-805 KP 4.7/8.1 (pM 2.9/5.0) E.A. 11-156583/234000 Agreement No. 11-0601/Al I-805/0range Avenue Construction AMENDMENT NO.1 TO AGREEMENT THIS AMENDMENT NO.1 TO AGREEMENT, ENTERED INTO EFFECTIVE ON , is between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE", and CITY OF CHULA VISTA, a body politic and a municipal corporation of the State of California, referred to herein - as "CITY". RECITALS 1. The parties hereto entered into an Agreement (Docwnent No. 015563) on May 6, 2003, said Agreement defining the terms and conditions of a project in the County of San Diego and the City of Chula Vista consisting of a modification of the Orange A venue Interchange, traffic signals and sound barriers on Interstate 805 from Main Street/Auto Park Drive to East Palomar Street, referred to herein as "PROJECT". 2. The purpose of this Amendment is to adjust southerly limit of PROJECT to match the "Limits of Work" as shown on the Construction Contract Plans. IT IS THEREFORE MUTUALLY AGREED: - 1. The KP 5.9/8.1 (PM 3.7/5.0) specified on the Title Page (Page 1), of the original Agreement shall now be KP 4.7/8.1 (PM 2.9/5.0). 6-32 1l-060l/Al 2. All other terms and conditions of said Agreement (Docwnent No.015563) shall remain in full force and effect. 3. This Amendment No.1 to Agreement is hereby deemed to be part of Docwnent No. 015563. STATE OF CALIFORNIA CITY OF CHULA VISTA Department of Transportation WTIL KEMPTON Director By: By: Deputy District Director Mayor Certified as to funds: Attest: District Budget Manager BK City Attorney Approved as to form and procedure: Attorney Department of Transportation Certified as to [mancial terms and conditions: Accounting Administrator 6-~3 Ai rAlil""';M!:r~ i 7 CATEGORICAL EXEMPTION CATEGORICAL EXCLU$IONJPROGRAMMATIC CATEGORICAL EXCLUSION - DETERMINATION FORM 11-50.805 5.8112.9 (3.6/8.0) 240200 Oisl-Co.-Rte. (or Local Agency) K.PiKP.{P.MIP.M.) EA (State project) Proj. No. (Local project) . .. (Fed.Prcg. Prefix Proj. No., Agr. No.) PROJECT DESCRIPTION: (Briefly describe project purpose, locatlon, "mils, right-<>f-way requirements, and aclivities involved.) Located on 1-805 from Auto Pari< Drive to Bonita Road in the City of Chula VISta, San Diego County; project proposes to install ramp meters, widen on-ramps for High OCCllpancy Vehlde (HaY) lanes, and add Cafifemia Highway Patrol (CHP) pads on the NB ramps at Auto Pari< Drive, .Telegraph Canyon Road, East H Street (both EB and WB), and Bonita Road. Retaining walls, .the excavation and replacement of "'" down drains and a concrete-lined ditch, and the improvement of a maintenance read are also.proposed along the H Street an-ramp. No new Right-o(~ way required. .Conditions apply, see below. . CEQA COMPLIANCE (ferS/ate Projects only) Based on an examination of this proposal. supporting information, and the following statements (See 14 CCR 15300 et seq.): . If this project faUs ~thjn exempt dass 3, 4, 5, 6 or 11. it does not impact an environmental resource of hazardous or citical concern where designated, precisely mapped and offidally adopted pursuant to law. . There will not be a significant cumulative effect by this project and successive projects of the same type in the same place, over time. " . There is not a. ~asonable possibility Ulat the project will have a significant effect on the environment due to unusual cira.zmstance5. . This project does not damage a scenic resource within an officially designated state scenic highway. . This project is not located on a site included on any list compiled pursuant to Govt. Code 9 65962.5 ("Cortese Ust"). . This project does not cause a substantial adverse chang~ in the significance of a historical resource. CALTRANS CEQA DETERMINATION .0 Exempt by Statute (PRC 21.08.0) Based on an examination of this proposal, supporting information, and the above statements, the project is: IZI Categorically Exempt. Class _1_. or General Rule exemption is project does not fall within .an exempt class, but it can be seen with certainty at ere is no possibility that the activi a ave a sign nt effect on the environment [CCR _. 15061 (b){3)]) . / 1/~;: te" D te " NEPA COMPI:!Ji:FjCE (23 CFR 771.117) Based on an eXamination of this proposal, supporting information: and the fallowing statements. . This project does not have a significant impact on the environment as defined by the NEPA . This project does not involve substantial controversy on environmental grounds. . This project does notinvolve significantimpacts on properties protected.by Section 4{f) of the DOT Act or Section 106 of the National Historic Preservation Act. - . In nan-attainment or maintenance areaS for Federal air quality standards: this project comes from a currently conforming plan and Transportation Improvement Program or is exempt from regional conformity. . . This project is consistent witll all Federal, State. & locallavws, requirements or administratiye determinations relating to the environmental aspects of this action. CAL TRANS NEPA DETERMINATION Based on ~n examination of this proposal, supporting information, and the statements above unqer .NEP~ Campuana(. it. is qetermined tha~ the project ~ a,:". . . " " o PROGRAMMATIC CATEGORICAL EXCLUSION (PCE): Based ~n the "val';"tion of this project and supporting . dOCJmentation in the project files, an the .conditions of the November 18, 2003 Programmatic Categorical Exclusion Agreement have been met.. IZI CATEGORICAL ExCLUSION (CE): For actions that do not individually or cumulatively have a significant environmental effect and are exduded from e quirement to prepare an Environmen EA) or Envirorunentallmpact-. ent (EJS). Require determi ati 1~ ager/OLA Engineer De - FHWA DETERMINATION Based on the evaluation of this project and the statemen above, It is determined that the project meets the criteria of and is properly classified as a Categorical Exclusion (CE). ~ Signature: FI;iWA on Engineer 6-34 EXHIBIT 1 ~,.., ,,;,' " ,r'1C:. CATEGORICAL EXEMPTION CATEGORICAL EXCLUSION/PROGRAMMATIC CATEGORICAL EXCLUSION DETERMINATION FORM Additional information attached or referenced, as appropriate (e.g. Mitiga~on commitments for NEPA only; f>jr Quauty studies or documentation of exemption from regional conformity or use of CO Protocol; 910S commitments; 94(1) or Programmatic 94(1); date of ACOE nationwide permit 9 7 species survey results; Wetlands Finding; Floodplain Finding; additional studies; design conditions. Rev. 4/2Q01" The projed will comply with the condmons of the Biological Opinion (ccmpieted. December 30, 2003). Negative HPSR. and negative ASR Completed on February 20. 2001. Firat Supplemental completed on November 6.2003. Projed will comply with the conditions in the Mitigation Monitoring and Reporting Record (MMRR) - . ..~ - " - ._-_.~-_.- 6-35 EXHIBIT 1; '" 10"-,-,"" ,-_ ATTACHMENT '6 ~t:~% u.s. DEPARTMENT OF TRANSPORTATION < , FEDERAL HIGHWAY ADMINISTRATION t eil} CALIFORNIA DIVISION - 650 Capitol Mall, Suite 4-100 #'00.vr"1'I1 of;.li' Sacramento, CA. 95814 May 12, 2005 IN REPLY REFER TO HDA-CA File #: I-805/East Orange Avenue Interchange Project EA 156580, 23400 Docwnent #: P52473 Mr. Pedro Orso-Delgado, District Director California Department of Transportation District 11 P. O. Box 85406 San Diego, CA 92186-5406 Attention: Jason Reynolds, Branch Chief Dear Mr. Orso-Delgado: SUBJECT: Environmental Reevaluation for I-805/East Orange Avenue Interchange Project On May 6,2005 a request for expedited review of the I-805/East Orange Avenue Interchange - Project environmental reevaluation for the City of Chula Vista was submitted to our office. We have reviewed the documentation, and after follow up communications with staff, fInd that the environmental reevaluation is suffIcient. We also understand that the extension of the project area to south of Main Street (previous project boundaries) to PM 2.9 will encompass work that the City of Chula Vista will be responsible for the cost. This work includes improvements to the I-805/Main Street southbound onramp. The additional work on the I-805/Main Street northbound onramp falls within the previous project limits, is covered by the existing E-76, and may be eligible for federal reimbursement. If you have any questions, please contact Cesar Perez, Senior Project Development Engineer, at (916) 498-5065; or Lisa Cathcart-Randall, Environmental Protection Specialist, at (916) 498- 5048. Sincerely, /s/ Lisa Cathcart-Randall For Gene K. Fong Division Administrator - Enclosure 6-36 NAfBl 2 cc: (email) Jay Norvell, CT HQ Jason Reynolds, CT D 11 Kelly Finn, CT D 11 Maiser Khaled, FHW A Cesar Perez, FHW A Jeff Lewis, FHW A Lisa Cathcart-Randall, FHW A LCathcart-Randall/kmo 6-37 3 - ENVIRONMENTAL REEVALUATION/ADDENDUM FOR THE INTERSTATE 805/EAST ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE PROJECT FINAL MITIGATED NEGATIVE DECLARATION/ FINDING OF NO SIGNIFICANT IMPACT City of Chula Vista Planning and Building Department State of Cali fomi a Department of Transportation District 11 U.S. Department of Transportation Federal Highway Administration May 2005 -- The purpose of this Reevaluation/Addendum is to determine whether there has been substantial change in the social, economic, and environmental effects of the proposed project. This could occur by changes in the project itself or with respect to the circumstances under which the project is to be undertaken. Executive Summary The purpose of this Environmental Reevaluation! Addendum is to determine whether there have been substantial changes in the social, economic and environmental effects of the Interstate 805/East Orange Avenue/Olympic Parkway Interchange project. The Final Mitigated Negative DeclarationlFinding of No Significant Impact was approved for this project in May 2003. This Environmental Reevaluation! Addendum is being prepared for the project due to new information obtained that may change environmental circumstances. - 6-38 4 PROJECT DESCRIPTION The Interstate 805IEast Orange Avenue/Olympic Parkway Interchange (1-805/0range Avenue) project consists of modifying and improving the existing diamond interchange at Interstate 805 (I-80S) and East Orange Avenue/Olympic Parkway, adding a second lane to the southbound I-80S off-ramp at Main Street/Auto Park Drive, and by adding auxiliary lanes to portions ofthe north- and southbound mainline freeway between East Orange Avenue/Olympic Parkway and Main Street/Auto Park Drive. The I- 80S/Orange A venue project also includes a number of sound barriers along the I-80S corridor and East Orange Avenue/Olympic Parkway. PREVIOUS ENVIRONMENTAL APPROVALS An Initial StudylEnvironmental Assessment (IS/EA) was prepared for the I-805/Orange Avenue project. Pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was adopted by the City ofChula Vista (City) and the California Department of Transportation (Caltrans), and a Notice of Determination was filed on May 9, 2003. In accordance with the National Environmental Policy Act (NEP A), a Finding of No Significant Impact (FONSI) was issued by the Federal Highway Administration (FHW A) on May 27, 2003. PROJECT CHANGES Since the MND/FONSI was approved, an expansion of the original I-80S/Orange A venue project boundary and scope of work requires an assessment of new potential impacts. The new features and circumstantial changes to the approved proj ect are discussed below. The City of Chula Vista (City) is proposing improvements to the southbound on ramp at the I-80S and Main Street/ Auto Park Drive interchange for the purpose of reducing vehicle delays. A traffic study developed for the City indicates that traffic impacts would be reduced if the proposed improvements were implemented. The proposed scope change includes adding an additional left turn pocket for the westbound to southbound movement. The additional work includes re-striping the Main Street/ Auto Park Drive under crossing for a dual left turn onto the southbound on-ramp, widening the inside shoulder of the on-ramp by 1.22 m (4 ft) to provide 61 m (200 ft) of ramp weaving length, with a 30:1 lane drop taper, and ramp re-striping (Figure 1). The work would be done through a construction change order (CCO) for the I-80S/Orange Avenue project currently in construction. To accommodate this additional work, the southern boundary of the I-805/0range Avenue project, currently identified as the centerline of Main Street/Auto Park Drive, would be extended approximately 1.2 km (0.8 mi). This CEQA AddendurnlNEP A Reevaluation is intended to evaluate this additional work. CHANGES IN ENVIRONMENTAL SETTING OR CIRCUMSTANCES The original MND/FONSI evaluated the potential impacts the I-80S/Orange Avenue project may cause to land use and planning, population and housing, socio-economics, geology/topography, hydrology/water quality, air quality, traffic circulation, biological resources, energy and mineral resources, hazardous materials, noise, public and local services, utilities, aesthetics, cultural resources, paleontological resources, and recreation. The MND/FONSI concluded that there were potentially significant and adverse impacts to geology/topography, hydrology/water quality, biological resources, noise, aesthetics 5-39 5 - 'and paleontological resources. These potential impacts were minimized through project specific mitigation measures. Ao analysis of the additional work proposed for southbound I -805/Main Street/Auto Park Drive determined that there would be no change in the intensity or severity of impacts to the affected environment identified in the MND/FONSI, nor would it create additional significant or adverse impacts. The proposed inside shoulder widening of the northbound I-80S on ramp does not bring traffic closer to any receptors, and does not generate additional noise iropacts for the I-805/Orange Avenue project. The proposed changes do, however, occur outside the original Area of Potential Effect (APE) for the 1- 805/Orange project, originally approved by FHW A on July 12, 2000. The proposed additional work was reviewed and determined to fall under Stipulation V1I of the Programmatic Agreement, Executed January 1,2004, and is a "screened undertaking," as primarily identified in Attachment 2, Class #5: Minor modification of interchanges and realignments of on/off ramps. Portions of all the work fit under a number of screened undertaking classifications. The screening process was performed by Martin D. Rosen, Heritage Resource Coordinator, Professionally Qualified Staff (P.L-Archaeology), and included a check of the California Historic Resources Information System (CHRIS) database; information provided by the City of Chula Vista; aerial and ground level photographs; and project details, plans and layouts. In accordance with the Programmatic Agreement, executed January 1, 2004, this undertaking was determined to be screenable with no potential to affect historic properties and is "exempt from further review or consultation under Section 106," unless project plans change to include additional work not identified in the current project plans. ~ Memorandum of Understanding Caltrans and the City have entered into a Memorandum of Understanding (MOD) for the proposed additional work at the Main Street/Auto Park Drive southbound on ramp and it's inclusion in the construction contract for the I-80S/Orange Avenue project. The MOD also includes an agreement that the City is to advance work at the Main Street/Auto Park Drive on ramp to northbound 1-805 (also through a CCO for the I-80S/Orange Avenue project) (Figure 1). This work, originally a Caltrans project (EA 240200), was determined to be Categorically Exempt/Excluded on January 22, 2004. A re-evaluation of the ExemptionlExclusion determination to include a dual right turn from westbound Main Street! Auto Park Drive to the northbound on ramp to I-80S was approved on March 2, 2005. The MOD also states that the City will fund up to $250,000 in Fiscal Year 2006/2007 for a Project Initiation Document (PID) for a future ultimate interchange analysis. The PID will utilize a revised traffic study and updated traffic counts, which are to be completed in Year 2006. CHANGES IN ENVIRONMENTAL POLICY Since the issuance of the final MND/FONSI, there have been no changes in environmental policy. - 6-40 6 .- .--- DETERMINATION Based on the analysis conducted in support of this reevaluation, there are no substantial adverse changes in the pt'ojeot, the setting, or circumstances surrounding the project, wlrich would result in new significant impacts. Then:fore, it is determined that no new environmental document is. needed. A;~6?'/c?~~. . )--12..-0') MARILYN F. PONSEGGI, EnvirolJ ental Review CoordinatOl' Planning and Building Department City ofChula Vista 7' ZCiC/.5"" CHARLES "MUGGS" STO / Division of EnviroInnenta CaHfomia Department of Tr kESAR:. PEREz, S//?-/ oS e South Team Federal Highway Administration cc: alUck Davis (Caltrans D-ll) Kelly Fintt (Caltrans D-l1) Marisa Lundstedt (City of Chula Vista) Frank Rivera (City ofChuJa Vista) EnvirOIlIllental File 6-41 ".. ,; . . ATTACHMENT G\ - Chart No. 3R-I Ramp Lane Requirements Direction: Southbound SD - 805 Location: SB Off-ramp to Main SB On-ramp from Mall St SB On-ramp from Orange Ave; SB Off-ramp to Orange Ave; SB On-ramp from Telegraph Canyon Rd 12 1 4 t~. 7 8 9 1011 12 1 p.m. 8 9 101111 FROM HOUR TO HOUR 2 3 2 3 4 5 6 7 Mondays througb Thursdays R R R R R R R Fridays R R R R R Saturdays R R R R R Sundays R R R R R R R R R R Day before designated legal holiday R R R R R Designated legal holidays Legend: R Ramp may be closed No work that interferes with public traffic will be allowed REMARKS: --. This chart is not valid during an event at the Coors Amphitheater. This chart is not valid two (2) honrs before and (2) hours after an event at the Coors Amphitheater. NOTE: When an Off-Ramp is allowed to be closed, place a PCMS (Portable Changeable Message Sign) in the direction of travel allowing the traffic the option to use the preceding Off-Ramp and warning them of the ramp closure ahead. KP: 6.220; 5.67; 6.812; 7.406; 9.409 F'" IS6S~-030805XLW - 6-43 Chart No. 4R-l Ramp Lane Requirements Direction: Northbound SD - 805 Location: NB On-ramp from Main St NB Off-ramp to Main St NB Off-ramp to Orange Ave; NB On-ramp from Orange Ave; NB On-ramp from Palm Ave . [ a,m. 91011Ll p.m. 9 10 11 11 FROM HOUR TO HOUR 12 1 2 3 4 5 6 7 8 2 3 4 5 6 7 8 Mondays through Thursdays R R R R R R R R Fridays R R R R R Saturdays R R R R Sundays R R R R R R R R R Day before designated legal holiday R R R R R Designated legal holidays Legend: ~ Ramp may be closed I--- f---- No work that interferes with public traffic will be allowed f---- REMARKS: This chart is not valid during an event at the Coors Amphitheater. This chart is not valid two (2) hours before and (2) bours after an event at the Coors Amphitheater. NOTE: When an Off-Ramp is allowed to be closed, place a PCMS (Portable Changeable Message Sign) in the direction of travel allowing the traffic the option to use the preceding Off-Ramp and warning them of the ramp closure ahead. K.P: 6.197; 5.667; 6.797; 7.382; 5.047 F'" 156584 - 0308095KLW 6-44 - Chart No. 9N Road Closure Requirements Direction: Eastbound Main St Location: Melrose Ave Westbound Main St To Auto Park Place i2\ a.m. 9 10 II L I p.m. 8 9 1011 11 FROM HOUR TO HOUR 2 3 4 5 6 7 8 2 3 4 5 6 7 Mondays through Thursdays 1 I I I 1 2 2 2 2 2 2 I I I Fridays I I I I 1 2 2 2 2 2 2 Saturdays I 1 I I I I 2 2 2 2 2 2 2 Sundays I I I I I I 2 2 2 2 2 2 2 I I I Day before designated legal holiday I I I I I Designated legal holidays Legend: -I A minimum of one paved traffic lane, not less than 3.60 m wide, shall be open for use by public traffic. ----z- A minimum of two paved traffic lanes, each not less than 3.60 m wide, shall be open for use by public - traffic. - No work that interferes with public traffic will be allowed - REMARKS: - This chart is not valid during an event at the Coors Amphitheater. This chart is not valid two (2) hours hefore and (2) hours after an event at the Coors Amphitheater. KP: 5.789 F-\S6584-03090SKLW - 6-45 DRAFT - RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING THE SOUTHERLY PROJECT LIMITS ON THE 1- 80S/ORANGE A VENUE INTERCHANGE IMPROVEMENTS (STM-328) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT WHEREAS, on May 6, 2003, the City Council adopted Resolution 2003-175 approving a Cooperative Agreement with the State of California Department of Transportation (CALTRANS) Regarding Construction Contract Administration Activities to be undertaken by the City of Chula Vista on the Interstate 805/01ympic Parkway-Orange Avenue Interchange; and WHEREAS, the City of Chula Vista and CALTRANS are currently constructing State highway improvements consisting of the modification of the Orange Avenue/Olympic Parkway Interchange at Interstate 805; and WHEREAS, both the City and CALTRANS would like to amend the - Cooperative Agreement (Agreement No. 11-0601) to adjust the southerly limit of the Project to match the "Limits of Work" as shown on the Construction Contract Plans; and WHEREAS, the southerly limit of the Project will be revised from KP 5.9/8.1 (PM 3.7/5.0) as specified on the Title Page (Page 1), of the original Agreement to be KP 4.7/8.1 (PM 2.9/5.0); and WHEREAS, all other terms and conditions of said Agreement shall remain in full force and effect; and WHEREAS, in order to permit the State and the City to perform these contract functions, an amendment to the Cooperative Agreement setting out each agency's responsibilities for the construction phase is necessary. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves the Amendment No. I to the Cooperative Agreement with the' State of Califomia Department of Transportation regarding construction contract administration on the Interstate 805/01ympic Parkway-Orange Avenue Interchange project, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of Chula Vista is hereby authorized to execute said Amendment on behalf ofthe City of Chula Vista. - 6-46 DRAFT Presented by: Approved as to form by: (JAh ;0 /lYe Sohaib Al-Agha t/ Ann Moore City Engineer City Attorney H: IEN G INEER IRESOSIResos200515-24-05ISTM328ResoCOOPamend l.fxr.doc 6-47 DRAFT - RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) FUND TO CAPITAL IMPROVEMENT PROJECT STM351 FOR A CONSTRUCTION CHANGE ORDER RELATED TO IMPROVEMENTS AT 1- 805/MA1N STREET/AUTO PARK DRIVE INTERCHANGE WHEREAS, in Fiscal Year 2004, the City Council approved the creation of Capital Improvement Project STM351- I-805/Main Street/Auto Park Drive Dual Left Turn Lanes; and WHEREAS, funds totaling $50,000 have been appropriated to the project budget; and WHEREAS, Yeager-Skanska Inc. has submitted a bid for additional work to be done as a construction change order to capital improvement project STM328 - I-805/Olympic Parkway/Orange Avenue Interchange Improvements in the amount of $1,664,116.89 for both the northbound & southbound ramps and the under-crossing at I-805/Main Street; and - WHEREAS, the City Council of the City of Chula Vista has approved the construction change order for additional work at the southerly limits of the I-805/Orange Avenue/Olympic Parkway interchange project in the City of Chula Vista, Califomia (STM328) Caltrans contract no. 11- 156584 to Yeager-Skanska Inc., in the amount of$I,664,116.89; and WHEREAS, additional funds in the amount of $100,000 are necessary for City staff costs associated with the installation of these improvements, for a total project budget of $1,764,116.89. NOW, THEREFORE, the City Council of the City of Chula Vista hereby authorizes the appropriation of $1,764,116.89 from the available balance of the TDIF fund to Capital Improvement Project STM351for the installation of improvements related to the I-805-Main Street/ Auto Park Drive undercrossing and on-ramps. Presented by Approved as to fo= by !)h?AL- Sohaib Al-Agha ~Moore .- City Engineer City Attorney 6-48 DRAFT - RESOLUTION NO. 2005- - RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA ACCEPTING A BID FOR A CONSTRUCTION CHANGE ORDER FOR THE I-80S / ORANGE AVENUE/OLYMPIC PARKWAY INTERCHANGE PROJECT FOR ADDITIONAL WORK AT THE SOUTHERLY LIMITS OF THE PROJECT IN THE CITY OF CHULA VISTA, CALIFORNIA (STM-328) CALTRANS CONTRACT NO. 11- 156584 TO YEAGER-SKANSKA INC., IN THE AMOUNT OF $1,664,116.89 WHEREAS, the City Chula Vista and the State of California Department of Transportation (CALTRANS) are currently constructing State highway improvements consisting of modification of the Orange Avenue/Olympic Parkway Interchange and Interstate 805 from East Palomar Street south to Main Street; and WHEREAS, the City Chula Vista and the State of California Department of Transportation (CALTRANS) desires to construct additional work at the southerly limits of the I-805/0range Avenue/Olympic Parkway interchange project in order to accommodate additional lanes on the northbound & southbound Main Street on-ramps and the Main Street under-crossing; and WHEREAS, on January 2,2004, the City Chula Vista City Engineer advertised this project -- with competitive bidding process; and WHEREAS, on March 30, 2004 at 2:00 pm, the City Engineer received a total of five (5) bid proposals for this project as follows: CONTRACTOR BID AMOUNT I.Yeager-Skanska Inc., Riverside, CA. $14,859,035.30 2. Erreca'sIHansenlSJH, Lakeside, CA. $14,866,762.90 3. FCI Constructors Inc., Vista, CA. $14,894,893.50 4. Diablo Contractors Inc., San Ramon, CA $15,181,366.00 5. Hazard Construction ComtJanv, San Die!!o, CA $15,742,647.72 WHEREAS, the original bid amount by Yeager-Skanska, Inc. was approximately 1.2% over the City Engineer's estimate of $14,682, 179.00; and WHEREAS, Yeager-Skanska Inc. has submitted a bid for additional work to be done as a construction change order to the current project in the amount of $1,664,116.89 for both the northbound & southbound ramps and the under-crossing at 1-805/Main Street; and WHEREAS, Yeager-Skanska Inc.'s bid represents 11.2% in additional costs over the original Contract Price of $14,859,035.30 and the "Green Book" Standard Specifications for Public Works Construction allows agency initiated changes in construction contracts to be increased or - decreased provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 % ofthe Contract Price; and 6-49 DRAFT WHEREAS, the San Diego Association of Governments (SAc'IDAG) has agreed to reimburse the City with RSTP funds for all costs related to the northbound on-ramp work only in an amount not to exceed 88.53% of eligible costs; and WHEREAS, an Initial Study/Environmental Assessment (IS/EA) was prepared for the 1- 80S/Orange Avenue project and pursuant to the Califomia Environmental Quality Act (CEQA), a Mitigated Negative Declaration was adopted by the City of Chula Vista (City) and the California Department of Transportation (CALTRANS), and a Notice of Determination was filed on May 9, 2003 and in accordance with the National Environmental Policy Act (NEPA), a Finding of No Significant Impact (FONSI) was issued by the Federal Highway Administration (FHW A) on May 27,2003; and WHEREAS, the proposed construction change order for the southbound on-ramp at 1- 805/Main Street! Auto Park Drive interchange and under-crossing IS covered under an Environmental ReevaluationlAddendum for the I-805/East Orange Avenue/Olympic Parkway Interchange Project Final Mitigated Negative DeclarationlFinding of No Significant Impact dated May 2005 that has been approved by CAL TRANS and FHW A; and WHEREAS, on January 22, 2004, the proposed construction change order for the northbound on-ramp at I-80S/Main Street! Auto Park Drive interchange was determined to be Categorically Exempt, under Class 1 section 15301 of the California State Resources Guidelines, for environmental processing pursuant to the California Environmental Quality Act (CEQA) and also meets the criteria for a Categorical Exclusion under the National Environmental Policy Act (NEPA), Section 771.117 (d)(I); and WHEREAS, the Environmental Review Coordinator has reviewed the proposed construction change order and based on the analysis conducted in support of the reevaluation, there are no substantial adverse changes in the project, the setting, or circwnstances surrounding the proj ect, therefore, no further environmental review or docwnentation is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the construction change order for additional work at the southerly limits of the I-80S/Orange Avenue/Olympic Parkway interchange project in the City of Chula Vista, California (STM-328) Caltrans contract no. 11-156584 to Yeager-Skanska Inc., in the amount of $1,664,116.89, copy of which shall be kept on file in the Office of the City Clerk. Presented by Approved as to form by Sohaib AI-Agha Ann Moore City Engineer City Attorney H:\EN G INEER IRESOSlResos200515- 24-05\STM3 2 8ResoCCOY eagerSkanskaMain.fxr.doc 6-50 DRAFT - RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE PROJECT BUDGET OF CAPITAL IMPROVEMENT PROJECT STM328 TO REFLECT APPROVED FUNDING SOURCES AND TRANSFERRING FUNDS THEREFORE WHEREAS, in Fiscal Year 1998, Council approved the creation of Capital Improvement Project STM328 - I"805/0Iympic Parkway/East Orange Avenue interchange improvements; and WHEREAS, funds totaling $21.8 million have been appropriated to the project budget; and WHEREAS, funds appropriated to the project include $13.8 million in local funds in anticipation of reimbursement from federal grant funds; and WHEREAS, federal grant reimbursements totaling $5.7 million have been received and deposited in the Transportation Development Impact Fee (TDIF) fund and must now be transferred to the Federal Transportation Funds fund; and - WHEREAS, project expenditures to date must be transferred to reflect the modified budget. NOW, THEREFORE, the City Council of the City of Chula Vista hereby authorizes the modification of the project budget to reflect approved funding sources and the transfer of revenues and expenditures between these funding sources. Presented by Approved as to form by :J~/v muLL Sohaib AI-Agha Ann Moore City Engineer City Attorney - H:\ENGINEERIRESOSlResos2005\5-24-05\STM328 Reso 4.doc ~_~1 ',_.' " . - COUNCIL AGENDA STATEMENT Item No.: f- Meeting Date: 5/24/05 ITEM TITLE: Consideration of request for designation of 3487 Main Street as Historic Site #68- the Lorenzo Anderson House. Resolution of the City Council of the City of Chula Vista designating the house at 3487 Main Street as a historic structure and placing 3487 Main Street, the Lorenzo Anderson House, as Historic Site #68 on the City of Chula Vista List of Historic Sites in accordance with the Municipal Code Section 2.32.070(A). SUBMITTED BY: Director of Planning and Building t' REVIEWED BY: City Manager fJ (4/5ths Vote: Yes _ No-1U --.-. The Anderson family has requested that their house at 3487 Main Street, known as the Lorenzo Anderson House, be considered for inclusion on the Chula Vista List of Historic Sites. This house is set behind an existing car wash and a towing company on the South side of Main Street between Mace Street and Banner Avenue (Attachment 1). The Environmental Review Coordinator has determined that this project is exempt per the California Environmental Quality Act (CEQA), Section 1533, Class 31, Historical Resources Restoration and Rehabilitation. RECOMMENDATION: Although designations typically cover the entire site, in this case, since a portion of the parcel is dedicated to income generating businesses all under separate ownership, Staff recommends that the City Council designate the house at 3487 Main Street, rather than the entire site. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission recommends that the City Council designate the house located at 3487 Main Street for being one of the last remaining Folk Victorian-Orchard Homes in .Chula Vista and for its relationship to Lorenzo Anderson, a person of significance to Chula Vista. (Attachment 2) - 7-1 Page 2, Item No.: 7 Meeting Date: 5/24/05 DISCUSSION: 1. Municipal Code Authority Section 2.32.070 of the City Of Chula Vista Municipal Code stipulates that the RCC shall recommend to the City Council to designate any site, which it has found to meet the local criteria as a historical site. The City has adopted six criteria that are used to determine if a particular property should be included on the Historic Site List. (Attachment 3) A site must be found to meet at least one of the six criteria to be selected for designation. 2. Past History 3487 Main Street, the Lorenzo Anderson house, is located in the Montgomery area, which was annexed to Chula Vista subsequent to the adoption of 1985 City of Chula Vista Historic Resources inventory. Although this house was not included in the 1985 inventory, the applicants have provided history on the parcel and the remaining single-family residence. Research shows that the house existed as early as 1891 and was the site of a local dairy farm as well as an orchard. The house survived the flood of 1916, which destroyed most of the Otay River Valley. Prior to the annexation of the Otay Valley area to the City of Chula Vista, the approximately 6 acre parcel shifted from its primary use as a single-family parcel to housing a combination of light industrial uses, including a car wash, a tire yard, and a towing company. Though these uses are located on the same parcel of the original house, the Anderson family has done a good job separating the uses and retaining the house as a historic centerpiece of the entire parcel. In addition, this house was the home of Lorenzo Anderson. In 1986, Mr. Anderson was recognized by the Chula Vista City Council as a person of significance to Chula Vista for his participation in many local social and civic organizations, as well as for his contributions to San Diego County as a landscape gardener. (Attachment 4) 3. Owner Participation 3487 Main Street is owned and maintained by the children of Lorenzo Anderson. The Anderson family has requested that the house, not the entire parcel, be considered for historic designation so that others may honor the house as the Anderson family has honored it for almost 65 years. (Attachment 5) 7-2 Page 3, Item No.: '1 Meeting Date: 5/24/05 - 4. Architectural Style This home may be classified as a modified Folk Victorian-Orchard Home. Folk Victorians are typically less ornate than other Victorian styles that were popular during that era. Common Features of Folk Victorian Style are: . Simple Form . Varying degrees of ornate detailing . Gabled roofs . Lack of textured and varied wall surfaces 5. Historical Context The concentrated area of the Otay community, relied on local industry to boost development. In 1887, the community had its own newspaper, nwnerous residences, a livery stable, a few stores, a post office and a hotel. From this information, one may assume, that the dairy farm located at 3487 Main Street also was a vital part of the community as well. The orchard may have also been a community asset as well. - 6. Features of the House As mentioned above, this house was not included in the Historic Resources Inventory. However, from all available information and photographs it appears that the home has been modified (circa 1940). A portion of the existing roof line and porch no longer reflect the originals of this home, however the essence of the original architecture is still intact. The original dominant dormer has been replaced with a rotunda shaped roof that imitates tower forms that are common to other Victorian styles. Although the porch structure does not appear to have been structurally altered, the stairs leading to the porch have been reconfigured to be side facing rather than front facing (Attachment 6). As discussed above, the character of the surrounding area has significantly changed since the establishment of the home on the site. The original orchard/farm setting has been altered as the house now shares the parcel with several light industrial/commercial uses including a car wash and towing company. These specific uses and their conformity with city regulations were not a part of staff s review of this historic designation application; however, preliminary review suggests that similar uses would have been consistent with permitted uses under the previous county zoning of M54. Further, it should be noted that the surrounding character would be a part of staffs analysis if the applicant were to subsequently apply to participate in the Mills Act Program. In addition, since this parcel is located in the southwest redevelopment area, staff requested comment from Community Development on this application As part of their comment on this application, Community Development has stated that, because of their - concern with deteriorating infrastructure, dilapidated buildings and a lack of reinvestment in the area, they agree that only the house should be designated. (Attachment 7) 7-3 Page 4, Item No.: 7 Meeting Date: 5/24/05 7. Significance This home, though modified, is significant as one of the last remaining orchard homes in Chula Vista. It is also significant for its relationship to a significant figure in the Chula Vista Community . 8. Conclusion Staff recommends that the City Council designate the house located at 3487 Main Street as Historic Site #68 for being the one of the oldest remaining Orchard Homes in Chula Vista, and for its association with Lorenzo Anderson, a significant person to the Chula Vista community. Since a portion of the parcel is dedicated to income generating businesses, Staff recommends that the house, not the site, be designated. Designation of the house rather than the entire site will help ensure that current and future businesses are not be affected by the designation. FISCAL IMPACT: There is no fiscal impact associated with the inclusion of 3487 Main Street, the Lorenzo Anderson House, on the Chula Vista List of Historic Sites. Attachments: 1.) Locator Map 2.) Resource Conservation Commission minutes/April18ili, 2005 3.) Local Historic Criteria 4.) Proclamation/Minutes Honoring Lorenzo Anderson 5.) Application for Historic Designation 6.) Photos of the property 7.) Memo from Community Development I:\Plannmg\Lynnette\historic designation\Council ReportS\3487 Main Street Agenda Statement revised 5-09-2005.doc 7-4 1TACfflvl )), ~ ---1 tllIl I I I I , I I I I I I I I I I I I I I I '---LL - ] mIIIIIJ DJllIIIIIJIJ Mon~ome~St ~ j i PROJECT Zenith St lOCATION ] JM _ Ma~~ L -> ITIIT -i ~ I C -~ -~ - - - - - - ~ - Alvoca Wv - \ r-- i \ City of Chulo isto BaUdo y - -I I. I CHULA VISTA PLANNING AND BUILDING DEPARTMENT - LOCATOR PROJECT Lorenzo Anderson House PROJECTDESCR,P110N: C) APPLICANT: Historic Designation ,- PROJECT 3487 Main Street ADDRESS: SCALE: F!LE NUMBER: NORTH No Scale J:\pl2.!1, lin;:'-,C:3r!(b',::y>'1 ~;)r,,--\:lc1 3487 ma,rl :,:co, O~'_ -! ;l.05 J ~ DRAFT 1J1I4Ci-/-MEAJT ~ RCC Minutes - 6 - April 18, 2005 NEW BUSINESS 1. Historic Designation. 3487 Main Street (Lorenzo Anderson House) Ms. Lynnette Tessitore-Lopez (Associate Planner) presented the Lorenzo Anderson House, a Queen Anne Orchard house. Staff Recommendation: That the RCC consider 3487 Main Street, the Lorenzo Anderson House, for inclusion on the list of historic sites. Commissioner.Comments Commissioner Bensoussan: Just a quick question. I find it very interesting that the house... In the Proclamation of 1986 the house was... the paragraph which reads, "WHEREAS, Lorenzo and his family made their home in the Otay Valley on a five- acre ranch which has been designated a "historical treasure" by Chula Vista's Resource Conservation Commission". Were you able to find anything? Ms. Tessitore-Lopez: No. I went through minutes and all of the references that we have available and nothing came up. It definitely was not designated. Commissioner Bensoussan: With this being a 5-acre ranch, the fact that we would be recommending designation for the house, if the applicant wanted to put in an application for the Mills Act, would it impact the possible tax savings? Ms. Tessitore-Lopez: It would potentially benefit the homeowner from a tax abatement perspective. However, those uses are not under the control of the owner. ThE?Y are owned and operated by _other persons. I have not received an application for the Mills Act program. Commissioner Bensoussan: Have you explained to them the ramifications of doing it. this way or that way? Ms. Tessitore-Lopez: No. We haven't had that discussion. Public Comments Mr. William Anderson (trustee, 2348 Poipu Way, San Diego, CA 92154) anticipated the Mills Act being somewhat of a problem in that our real goal is protection of the house. It's been family property for over 65 years, since 1938 or 39. The other buildings there...the way the leases are now set up is, the amount of square feet that each leasee controls, they pay the property taxes on it. The house is under pre- DRAFT 7-6 DRAFT -- RCC Minutes - 7 - April 18. 2005 Proposition 13, so the taxes are actually very nominal as it is considering the amount of space. It's not 5 acres; it's almost 6.8 acres. That's one of the problems that I had anticipated. It may cause more problems for a very little reduction in tax benefits as opposed to the complication it's going pose upon the trust. We anticipate some of it will have to be developed, but our main goal is to protect the house. There is no benefit for us to do the Mills Act. Ms. Barbara Anderson (304 N. Lewis Street, Lake Elsinore, CA 92530) stated that during the last 5 years or so, we have worked very hard on this house. The house has been completely restored. It's a beautiful house. So there is really not much reason for us to go asking for a grant for restoration of the house. It's already done. It's a gorgeous house. It preceded the establishment of the City of Chula Vista. It was built at the same time as the Hotel Del Coronado. It preceded the San Diego Zoo. It was there before the Wright Brothers flew. It's an amazing house, and we all have been very privileged to live in it. I would hope that you would endorse the recommendation by the staff and save our house. MSUC (Means/Thomas) that the RCC recommends historic designation. -- Vote: (7-0) - DRAFT 7-7 ~ ~ ft.- ;4lT/fc t+J1.;fEAJT3 :-~~ - . .~~~~ - - .......- CllY OF CHULA VISTA In order to qualify for designation a site must be found to meet at least one of the following six criteria: 1. Bears a relationship to overall heritage on a local, state, or national basis. This Mission of San Diego, for example, is local but is also part of a statewide system that is recognized nationally. 2. Relates to a historic personage who played an important role historically, on a local, state, or national basis. However, the individual need not be known nationally, as long as it was someone who made a significant contribution on a local basis. Ideally, this includes a site where the individual lived or where a noteworthy historical contribution or achievement took place. 3. May be a site where an important event took place. This would be an event symbolic of a phase of history that could reach the national level. The site of the signing of a historic docwnent, for example, will satisfy this criterion. 4. The site should have distinguishing architectural characteristics that are identifiable. This includes structures of a particular architectural style recognizable today. 5. The site may be archaeologically significant in its association with pre-history of the area. a site demonstrating existence of an ancient co=unity (indians indigenous to the area, for example) could satisfy this criterion. 6. Has integrity. This is where the site continues to have evidence of the original features. Enough of the original structure or the site is intact to be distinguishable as having historical value. 7-8 \..)L,<:"\.. LJV"--'U1YU>1.'1.~ ',LeVV .t"a;~ 1 u t l J - - \ AfTA L. H /L/f E..AJ T 1 Document Name: cc min 1986/08/26 - ~lNO'l'!l& OF 1 IU!GCLU j(U~.NG OP ~U i:U~ CC\lMCIL Dt ~JI! 01!1'Y 01' CBCtoA VIS'I"A ~ ~~.i4~YI A~iUat ~G~ L'86 C:crarr.C'U Ch..:mb.er ! 7:00 p,m.. pa.1J. s.lvi... Builal.~ ~Q~X. CAto" ~~BlRa .ROS~WT' M"':y'Q~ Coxr CQl1nCilmetftb4,rs Ifillll::clmr .)4I)QI:"p O..plo.u. ~O'"~lh. uxaU& AU!Jl'J! I IC'QtlljI S'!'1tP PUenT, Cloy X.nagor CO.lla~ City )'t.tot:'l'Lt!ly lia.ttorl.f Deputy Cl,y ~a".~ mQ::i. P1BDG~ OP AIotoBG1ANCo TO TB~ FLA., SILEN~ PRA~R '1'h.e ~l"g'9. of A.ll-lt';liln.cl!I too the l"Lag wa& lad by Mayen ~ox follcwed ~y I mom.nt of 8ilaot ptIV<<t, 1. ~p~a~VA~ Of ~IN~TI9 for t~e m~~ti~g of A~~~~c 1$, 1ge5. ~so~ {K~C~~dliag/CampbellJ apprawe tbe ~1nu~&~. 2. BP'CIAL ORDORS Ot T~B PA~ " OATH O~ DI'PIC! - caC'lo.. 5e1:o.i:Qc~ , I n l;..rnllli~jol1.A'l 'It i IIndshtp CcmniaUan , ! ~hl!l Oa~~ Qf O~~1ce wa, IdmiD~.trre4 by City Cltrk r~J~.~, .. p"DCJ..\JQ,no~ IX~JUgINC: .np A..PP~>>C.I~"'IO:)l 'OR ~HI NA~~ COKTalBU~tO~s ~ADS BY X.ORI~~O 'SI~L' .~.saBoN .( - H.~t Cox pras9~t9d ~~ pZDalama!io~ tQ ~~.. S~n4;h. ~~~4:DC~. J, ~al~TIN COM~aNtCATIONS .. ft~un~ ro <10111 IN CAJofHUN TO DI~aAT PLAN 'O!! UDISTRlBUTION O~ Tn NAVY'S tHIU - '''V1Q s , NcQI.I.t:i.C'Y, Vjee";Pr8l.1dant. . .' a.J3iia1ta.l Ha.DI.;sr r Il"rtpl B A S:~lp~a.~ds:,. P,Q+ "'X 13097. ian Di~9o_ C~ 921lJ-00" / rtt. Mr:Q'Luliry :1n.di.oea.t>CI12 .UI a. t:'O,aL11t Qf til1s zad1Bt.r1bu.cjao plan r 'CItber p<lrt. eit:ies will 9<<.17:1 .}]~p'.r br.at. Sac :tIili9Q; will I... lS n.t ihtpi. C::I.ty M>>r.lIlie, aORi t8Com:ru,mcB.(I tits Mayr b'f! cQIlt.lc(:ed to' Q'bti!,111 IftCt8 ir'!fOtrn.t,t.lort tS-i~rdin.~ th~ t::r~~"ft:!~ o-! t:biPII !C'ClIQ, tllii ar...... wltb it v..1e... I:DWiU:d po.aLbly "llppa;:1:1nIJ t.b. po..it.iQ~ of ~~~ ~~i~ :ep~~t i.n~~.tty a. .Xp~~38.d 1~ tbla CQmmu~tcacjQn. .' \ - ! . - . - http://cvmapperllaserficheIDoc View .asp?Docwne~g4652&FolderID=2083 8&Search... 01110/2005 fiotl~ - EXPRESSING DEEP APPRECIATION FOR THE MANY CONTRIBUTIONS ~~E BY LORENZO tlBILLII ANDERSON - ~iHEREAS, Lorenzo Anderson was born on May 9, 1903 in Cheneyville, Louisiana and left in 1918 to come to the state of California; and WHEREAS, Lorenzo, known as "Bill" to his friends, worked at many vocations which brought him in touch with all parts of San Diego County and ,as a landscape gardener he was involved in the development of major housing and cOITmercial subdivisions in the South Bay area, Mission Valley and Escondido; and WHEREAS, Lorenzols work with the Department of County Highways gave him vast opportunities to pattern many of San Diego Countyls scenic back country roads i and WHEREAS, LQrenzo's commitment to his family, friends and community was evident through his membership in the Royal Eagles Charity Social Club, Chula vista Democratic Club, Woodlawn Park Civic Club and Bethel Baptist Church; and WHEREAS, Lorenzo and his family made their home in the Otay Valley on a five-acre ranch which has been designated a "historical treasure" by Chula Vista's Resource Conservation Commission; and WHEREAS, Lorenzo Anderson is survived by his wife, Synetha, and his children Barbara Louise Anderson, Willi~ Morgan Anderson and Jacqueline Lorenzo Anderson; NOW, THEREFORE, I, GREGORY R. COX, Mayor of the city of Chula Vista, California, do hereby express deep appreciation for the many unselfish contributions made by LORENZO "BILL" ANDERSON and present this posthumous commendation on behalf of L~e citizens of the City of Chula Vista, California to Mrs. Synetha Anderson. - 19~ 7-10 CITY OF CHULA VISTA A itA C-HAM 8JT S- PLANNING & BUILDING DEPARTMENT Historic Designation C1IY 01' 276 Fourth Avenue Q-I\J\A VJSrA Cbula Vista, CA 91910 APPLlCA TION FORM - II APPLICANT/OWNER JNFORMATION II~ Anr&~OYL T(u.<;t Case#: Applicant/Owner Name: Date Submitted: Applicant/Owner Address: Wn I iGtV1l1 -A-VlDLe r-S 0 VL) T~L' c; te.e., ( ) 42 7 2.3'f't? Po: f"'^ vvQ.'1 A-nder&? f\ Phone: bl'1 .3 - b 2 f s,,,,, 1h'''5o, CA qz..IG4- ;B:u-bwa.. Secondary Owner Name: J~u.e[;r1e "PefI<,'11> , l>(UStee 304- N, Le.LLl15 St. Owner Address:25D3~ t\hnzani.ta Lan~. 7)..~c..aVlso CA . Li:1.l=. Elstnore, CI\ '12.S3lJ Phone: ( ~ 1'1) 4-1f- 5' - 0 'is' ,~q 'qJc/JI<> lees'!) c"71f ';"7CRf, ~~~Ol . 1- , ~ II PROPERTY JNFORMATION II _ Property Address: 3 '+'6 '7 (V\o:~n Street. Chu.J.CI.. i/,'.s.fa , (lA , ./ Co'mmon name: ArviensoYl +-hs lAS ~ Historic name: Year Built: I g 'if-{- Approximate Property size (in feet) or approximate acreage fa o.e.res Ownership is: Private -/ or Public ..:fj.- Present Use:.:t1ome. '2) maL( h t.l 'SIYle&";5 Original use:-.:::tf-o m e l K<!t1ch I Fa.rm . . .. I Architectural Style: ~ UeeYI Ai1(!el Ordra.rd +rouse Assessor's Parcel Number (Required):-1:f:. b ~q - Db 2 - 0 30 0 Zone: II mSTORICILANDMARKINFORMATION. II Use the reverse side of this form or a separate piece of paper may be attached for questions 1-3. 1. Please describe, in detail, historical aspects of the site or structure as well as any other significant factors which may determine the property as a historic siteJIandmark (I.e. special aesthetics; cultural, architectural, or engineering factors; and any dates, events, or persons associated with the site or structure). See attached established criteria for designation. S"'<2- a.~"d - 2. Has the site or ~cture been altered in any way from its original design? Yes No (lfyes,explain)S:::e atto..cln"L - 3. Briefl describe the present physical condition of the property include a rating of poor, fair, good, or excellent. . 7-11 City ofChula Vista Historic Designation Application Anderson House 3487 Main Street Chula Vista, Califon;ria Historic Landmark InfoTInation Question 1. Detailed description historical aspects of the site The 3487 Main Street property is significant for its early construction date, importance of the property and its owners in the community of Otay and the fact that the house although altered, still retains most of its exterior original materials, basic appearance and major landscaping elements that date to more than a century ago. The 3260 s.f. House is of the Victorian period, on 6 acres south of Main Street, Otay. It is of a style commonly known as an Orchard House. On early plat maps, there is a dairy barn and packing shed, with indications of an orchard at the front of the property and possibly field crops and animal pens at the rear. The property is bounded by the Otay River on the south side. The house survived the 1916 flood which swept away most ofOtay including the watch factory and the Otay Press. The house was twisted on its foundation, but seemed to remain fundamentally in its present location. It sits on redwood and ceIDent pilings, giving it a walk-in basement. The house was modern at its time, having inside plumbing and a wood-burning stove for cooking. Propane was later added for cooking and heating water. The old black wood-burning range remained until the 1950's when it was replaced by a smaller wood-burning stove which is still in the kitchen. The house preceded the flight of the Wright Brothers in 1903, Teddy Roosevelt's march up San Juan Hill, the development of San Diego Zoo, and the incorporation of the City of Chula Vista. It was built within a year of the Hotel Del Coronado. An early photograph (July 21, 1891) identifies the house as Mr. Isaac Smith's residence. There is a horse and buggy in the yard and Main Street is shown as a narrow path. Owners in the 1920's included a German family (George and Lisbeth Schurig) who operated a dairy, then when health laws required metal stanchions, they relocated to adjoining property, built a modem bam ad outbuildings, and claimed one of the buildings dislocated by the flood as their home, later adding another to enlarge the house. Ownership of the house passed back to the bank and in the height of the Great Depression, no one wanted it and it remained vacant for at least four years. A young black man (Lorenzo Anderson) who worked for the County Road Department in the course of his helping develop roads in outlying areas of San Diego including Dulzura spotted Poway, Campo, and the Otay Valley. He and his wife decided to relocate their family from Logan Heights in San Diego to the farm in Otay Valley. Acquisition was delayed because neighbors objected to having a black family move into the area. The family was in the house.in 1939, the land was cleared of stones and rubble remaining from the flood, an orchard of more than 250 lemon trees, and fields of vegetables were planted. The land became a productive farm. Mr. Anderson continued to work for the County and to farm. Mrs. Anderson worked to establish the household, keep needed records and to help in the fields. The three children also worked with household and field chores. They attended Otay Elementary School (now John J. Montgomery School) and became members ofOtay Baptist Church where Mrs. Anderson served as a deacon and he youngest child (Jacqueline) was baptized. During the war years of the 1940's the farm continued to prosper. Mr. Anderson was exempt from the draft since he was at the upper limit of draft age, was involved in a critical industry (farming) and had a family, which included three minor children. Both his wife and he became more and more involved with community activities. Plaques and a proclamation from the City of Chula Vista attest to this. He served as 7-12 - area air raid warden at the time when a Japanese submarine was reported to have been sighted of the coast off Imperial Beach. Mrs. Anderson registered new voters and was an inspector at polling places. Both became active in the Woodlawn Park Community Association and other political and social groups. There was an Army base at Albany and Main streets dlJring the war years. Mr. Anderson placed a bench in front of the orchard to provide a visiting space for soldiers who had guests. Throughout this time and for years after, servicemen were included in the Anderson family holiday dinners. Lemons from the orchard were processed at the Sunklst packinghouse at 3" and K streets in ChuJa Vista. At war's end a series of hard winters killed the lemon trees and vegetable crops and flower crops replaced them. With the influx of people and subsequent need for housing, Mr. Anderson became involved with several housing developments being established from ChuJa Vista to Escondido, providing initial and final site preparation and landscaping. The Anderson orchard, like many in the ChuJa Vista area, was taken out as the citrus industry declined. In the 1950's and 1960's, the truck farm gave way to leasing out part of the land to small businesses. The dairy barn and the packing shed were demolished, the Schurig dairy was relocated to Hemet, and the neighboring poultry ranch became a housing development. The changes on the house are .noted in the answer to question 2. The senior Andersons became semi-retired and the businesses on the property provided needed income for retirement and taxes. The Anderson Trust was established. The children - Barbara, William, and J acqueline- completed their education, pursued their vocational, military, and personal lives. The house remained the family's touchstone. In 1971, Mrs: Anderson passed away aftera lengthy illness. Mr. Anderson remanied. In his retirement, he - and his new wife traveled. They continued their civic involvement and helping young businesses to become established. He passed away in 1986. A scholarship fund was established in his name At Bethel Baptist Church in San Diego where the family had long been members. His wife died in 2004. The grown children set about restoring the house, which was completed in 2004. Work yet to be done includes replacement of the garages, repaving of the driveway, and some landscaping. The home continnes to be a place for family gatherings of friends and visiting relatives, holiday celebrations, and memorials to those who have passed away. It is occupied several days a week and the grounds are kept up on an almost daily basis by William who lives nearby and is the primary trustee. The majority of the interior furnishings are those with which the Anderson family lived. In one. of the upstairs bedrooms is the bedroom snite of an aunt which dates from the late 1920's, in another is Grandfather Anderson's rocker from an even earlier time. A 'Butterfly' piano and several now-antique . pieces of furniture are in the other bedrooms. In the downstairs formal living room are a baby grand piano, wing hairs, club chair and sofa of the 1940's, which have been refinished and reupholstered. Many-armed matching chandeliers are in the living room, infonnalliving room and dining room. Original art pieces are throughout the house. Tables in these rooms and the 'back bedroom', now the television room have been refinished and fitted with glass tops. One is more than 100 years old. Bathroom fixtures have been replaced and include a puJl-chain toilet. The tub is original to the house and has been refinished. The kitchen and service porch have updated appliances and new ceramic tile floor. The wall mosaic and the smaller wood-burning stove remain. The numerous windows trims, the baseboards, the doors, door frames, stair railings, etc., have all been carefully restored by hand. The wear on the walls over the home's more than 100 years of he house's existence have been papered, wall boarded where needed, electrical outlets repaired, connections restored, wall to wall carpeting installed, interior and exterior painted, fireplaces cleaned and repaired and wooden siding and railing duplicated and replaced wher" needed. The Anderson house is one of a few buildings standing since hefore the flood. It is stately, beautiful and - graciously welcoming. It sits down a . Palm-lined driveway and is known by long-time Otay residents. Newcomers' expression at first seeing it is 'wow'. It is a privilege to be a part of its history and to submit this application for Historical Permit designation to preserve it for other generations. 7-13 Question 2. Alterations of the site or structure from its original design The sites not have been altered ITom its original design although some of its use has. It is no loge a truck farm, but houses several small businesses: a car wash (the only one in the valley to accommodate 18-wheel trucks), a tire sales business, and a towing company. Tbe house remains the centerpiece of the property. Note how similar reent pictures of the ITont of the house are to those taken more than 100 years ago The house has not changed much in appearance as it has absorbed the technical changes of the last century. Gas, electricity, an sewer connections have updated utilities. The upstairs, and a few of the downstairs windows have been replaced with doublepaned new ones, the asphalt tile in the kitchen has been replaced with c~c tile, new appliances ad fixtures have been added to the bath and kitchen, a parlor and a bedroom have been combined to fonn an infonnalliving room with a new fireplace, and the attic has been finished by raising he rear roofto install a short hallway, bath and two bedrooms. A small portion of the attic has been retained for storage and to show the original rooflin... Many years ago the wall of the kitchen pantry was removed to enlarge the bk porch which became a sunroom-servIce area. He backdoor was relocnted 0 the East Side and a washroom was created betweenthe new steps and the exterior of the dining room wall. Cement stairs and a short ramp and sidewalk replaced deteriorating wood steps at the ITont of the house. An upstairs porch, visible ill early photos, which leaked dnring rainy weather, was converted to a large bay addillg space to the adjoining bedroom. 7-14 . -, .te."'. j '~;;'~;-;{~~?' ~ . ~~"'<c~?tf.P;~-_ "," ... -,.. .~. ,I I 1il' _,;" -if! -~ff\ ,,' .-; --Y'~':-I+'~~;~'~'~:; " " . . , ~ _,,_._ _, ,. " ;'rl'l",.lt:']~'1 .' ~ _~:- :~ 'c ~;"E jji]i:\:~;;:!:: iJI ,ie' . , -~'- .. '. -'. !). ,-,,-', ,~ ~-.- .".' "-', -. \~'.:----"~. .!-, lit ;.i:~i' .. .. . 'i,:;: i.f.', " ,~if - . - - - .. -. -- - j - -. C.:.-,,- i. ;;: . - i ' - ~-~~ t."" j '1 ., "'-C. .. ',I',,, r- e..__ .- ~-.~;-~- - - .-. - . -,- - ~:: . ~- -~~ ".c_.~ Side view (East) - Showing kitchen entrance, washroom, original windows on lower level :f;;o: .. ,~~::'~:"~r\~~~ .; J,c"."'y,,, '..', '1, ;:~1'}?'r~:::;-''':\:,~ ,', ."'\ ,'. ", ,.,. ", ";;.;' .-- " Rear view (South side) 7-16 - ,. ~ 1 i !.. , ct , " 'i "'~ \j ~ \{ - t ~ \~ "] tU --- '''--. ~ - 7-17 .47fA-c !./NfCAJT 7 ~{f? Community Development Department -.- City Of Chula Vista MEMO . - ---.;: 276 Fourth Avenue --::..:::~~ Chula Vista, Ca 91910 01Y OF 619.691.5047 - 619.476.5310 Fax CHUlA VISTA cvcomdev@ci.chula-vista.ca.us Monday, May 09, 2005 TO: Lynnette Tessitore-Lopez, Project Planner FROM: Eric C. Crockett, Redevelopment Manager RE: 3487 Main Street-Historical Designation Thank you for the opportunity to review the proposed Historic Designation of the Lorenzo Anderson House. Several months ago the Community Development department irritiated an owner participation process with this owner and several additional owners located immediately adjacent to this site. We began this process because of our concern with deteriorating infrastructure, dilapidated buildings and a lack of reinvestment in the area. The goal of our process is to work with all the owners on determining what actions need to be taken in this area so it may reach its potential for physical beauty, sense of community and economic vibrancy. Weare encouraged by the action of this owner to request Historic Designation of the Lorenzo Anderson House. The Community Development Department concurs with your recommendation to designate onlv the house as a historic resource and not the entire parcel. There are still many outstanding issues to address on the remainder of the site. By designating onlv the house allows us to continue our work with the owner. We hope the City designating this house will allow the owner to take proactive steps in cleaning up the dilapidated building located in front of this house, so that the public may enjoy it. 7-18 DRAFT - RESOLUTION NO. .. RESOLUTION OF TEE CITY COUNCIL OF TEE CITY OF CHULA VISTA DESIGNATING THE HOUSE AT 3487 MAIN STREET AS A HISTORIC STRUCTURE AND PLACING 3487 MAIN STREET, TEE LORENZO ANDERSON HOUSE, AS HISTORIC SITE #68 ON TEE CITY OF CHULA VISTA LIST OF HISTORIC SITES IN ACCORDANCE WITH THE MUNICIPAL CODE SECTION 2.32.070(A) WHEREAS, the house located at 3487 Main Street is a Folk Victorian-Orchard Home constructed in the late 1800's; and, WHEREAS, staff received communication from the property owners, the Anderson family, requesting that the house located at 3487 Main Street, be designated as a historic structure on the City of Chula Vista List of Historic Sites; and, WHEREAS, State of California Historic Eligibility Criteria requires that a site be found significant at a local, state, or national level, under one or more of the criteria for designation; and WHEREAS, the ResoUIce Conservation Commission determined that 3487 Main Street meets one of the local criterion for designation because it shown to have distinguishing architectural characteristics as one of the last remaining Folk Victorian-Orchard Homes in Chula Vista; and, - WHEREAS, the Resource Conservation Commission determined that 3487 Main Street meets on of the local criterion for designation for its relationship to a person of significance to Chula Vista, Mr. Lorenzo Anderson and; WHEREAS, the ResoUIce Conservation Commission at their regular meeting on April 18, 2005 voted 7-0-0-0 to recommend that the City Council place the house located at 3487 Main Street, as the Lor=o Anderson House, on the City ofChula Vista List of Historic Sites; and WHEREAS, the Environmental Review Coordinator has determined that this project is exempt per the California Environmental Quality Act (CEQA), Section 15331, Class 31, Historical ResoUIces Restoration and Rehabilitation. NOW, TEEREFORE, BE IT RESOLVED that the City Council does hereby approve the designation of the house located at 3487 Main Street, the Lor=o Anderson House, as a Historic Site and determines that it is hereby placed on the City of Chula Vista List of Historic Sites as Historic Site #68. Presented by: Approved as to form by: D~7.~ James D. Sandoval Ann Y. Moore - Director of Planning & Building City Attorney 7-19 .....--.--- _._----------~- - CITY COUNCIL AGENDA STATEMENT Item: 8 Meeting Date: OS/24/05 ITEM TITLE: PUBLIC HEARING: Consideration of an extension to Ordinance No. 300 l- A, an urgency interim zoning ordinance prohibiting the permitting or approval of any new or expanded fee-based check cashing and deferred deposit uses, for an additional period often (10) months and fifteen (15) days Resolution adopting and issuing a written report describing the measures taken to alleviate the condition which led to the adoption of the Urgency Ordinance No. 3001-A, which temporarily prohibited the permitting or approval of any new or expanded fee-based check cashing and deferred deposit uses Ordinance extending for ten months and fifteen days urgency interim Ordinance No. 3001-A prohibiting the permitting or approval of any new or expanded fee-based check cashing and deferred deposit uses SUBMITTED BY: Director of Planning and Buildin~ - REVIEWED BY: City Manager p (4/5th Vote: Yes.1lNo--.-J Pursuant to Government Code Section 65858, on April 26, 2005, the City Council adopted Ordinance 3001-A, an urgency interim-zoning ordinance prohibiting the permitting or approval of any new or expanded fee-based check cashing and deferred deposit uses for a period of forty- five (45) days, and directed staff to perform the necessary studies and develop appropriate policy recommendations that address where, when, and under what conditions check cashing/deferred deposit establishments would be compatible with surrounding land uses and consistent with land use plans and policies. In order for staff to perform the necessary tasks, additional time is needed beyond the 45 days allowed in Ordinance 3001-A. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proj ect qualifies for a Class 8 categorical exemption pursuant to Section 15308 of the State CEQA Guidelines. Furthermore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Therefore, no environmental review is required. RECOMMENDATION: That the City Council adopt and issue a written report describing the measures taken to alleviate the - condition which led to the adoption of the urgency interim zoning Ordinance No. 3001-A and extend said ordinance, which prohibited the permitting or approval of any new or expanded fee-based check cashing and deferred deposit business, for an additional period often (10) months and fifteen (15) 8-1 Page No.2, Item: ~ Meeting Date: OS/24/2005 days to allow additional time for the City to study the effects of such uses on a proposed zoning ordinance. BOARDS AND COMMISSION RECOMMENDATION: On May 18, 2005, the Planning Commission was briefed on Council's action of April 26, 2005 and was presented info=ation on the effects of check cashing/deferred deposit businesses in the community. The Commission also discussed other problematic land uses at this workshop. Commission took no action on this item at hand. DISCUSSION: The City adopted the Urgency Ordinance No. 3001-A on April 26, 2005 to prohibit the permitting or approval of any new or expanded fee-based check cashing and deferred deposit uses in order to allow adequate time for staff to conduct the necessary studies and develop appropriate policy recommendations for the City Council to consider. Without an interim ordinance, the establishment or expansion of check cashing and deferred deposit businesses would frustrate the City's efforts to study the issue and implement the land use policies that would result from the process. Staff has prepared a preliminary scope of work for the studies that will be necessary to develop appropriate policy recommendations; however, additional time is needed for staff to conduct the studies and prepare recommendations. Staff anticipates that studies and recommendations will be completed within four to six months. To date, staff has compiled a comprehensive list of check cashing/deferred deposit businesses and mapped them. A Planning Commission workshop was held on May 18, 200S, to discuss to negative effects of check cashing and deferred deposit businesses (as well as others) on the community. Staff is also in the process of collecting info=ation from other jurisdictions in order to get a clear understanding of the actions/options available in addressing the subject businesses. Given their proliferation and apparent negative impacts in the City, there will most likely be a need to adopt additional land use controls regarding check cashing and deferred deposit businesses. The Zoning Code could be amended to require a conditional use permit prior to the establishment of a check cashing/deferred deposit business. This would allow case-by-case review of each proposal as well as the placement of operating conditions and design controls on each one. Creation of these new, pe=anent regulations will take staff additional time and require multiple public hearings. Accordingly, staff is asking that the City Council extend the original urgency Ordinance (3001-A) by an additional ten months and fifteen days. FISCAL IMPACT: 8-2 - '8 Page No.3, Item: Meeting Date: OS/24/2005 The fiscal impact during the moratoriwn would be a short-te= effect ofloss of property tax dollars from new check cashing uses locating in the City. Over the long run, this impact is expected to be compensated for, through the resulting economic stimulation resulting from a wider variety of community serving land uses locating along the Broadway corridor. There will be some cost in city resources, as staff will be needed to perform the studies and develop permanent regulations. ATTACHMENTS City Council Minutes of April 26, 2005 Attachment A, Ordinance 3001-A - -- 8-3 PUBLIC HEARINGS (Continued) 9. CONSIDERATION OF AN URGENCY INTERIM ZONING ORDINANCE PROHIBITING THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES FOR AN INTERIM PERIOD OF FORTY-FIVE (45) DAYS On February 1, 2005, the Council requested that staff examine the need for an urgency ordinance to prevent further check cashing and deferred deposit establishments in the Chula Vista. Concerns associated with these types of businesses include: the lack of minirnwn security standards; a decrease in neighboring property values; and the displacement/discouragement of other desirable businesses, including full-service financial institutions. Accordingly, a temporary moratoriwn on check cashing and deferred deposit business is proposed so that the matter can be thoroughly studied and new regulations brought forth. (Director of Planning and Building) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Assistant Planning Director Lytle gave a report regarding new or expanded fee-based check cashing and deferred deposit uses. Associate Planner Miller presented the highlights of the staff analysis regarding fee-based check cashing and deferred deposit uses. The following members of the public spoke in support of the proposed ordinance: Moria Aceves, representing Supportive Parents and Information Network (SPIN) Patricia Aguilar, representing Crossroads II Bill Oswald, representing Fair Banking Coalition Donald Davis, representing Fair Banking Coalition and the Caring Council of San Diego County Jim Bliesner, representing the City/County Reinvestment Task Force Martina Peinado, representing the students at Southwestern College Maria Orozco, representing Supportive Parents and Information Network (SPIN) There being no further members of the public who wished to speak, Mayor Padilla closed the hearing. Deputy City Attorney Hanson recommended that no action be taken on Item 9B due to adequate language provided in the Urgency Ordinance, Item No. 9A. Deputy Mayor Davis expressed concern that by limiting the nwnber of check cashing and deferred deposit businesses allowed in the City, those establishments may increase their fees. To that end, she recommended that the City propose to the Legislature the need to review the regulations on the types of fees that could be charged by these businesses. Councilmember Rindone supported the recommendation by Deputy Mayor Davis. Page 5 - C01illCil Minutes 8-4 April 26, 2005 - PUBLIC HEARINGS (Continued) Councilmember Castaneda eXplained that the goal of the proposed ordinance is to prevent a proliferation of such businesses and better safeguard the neighborhoods. ACTION: Councilmember Castaneda moved to adopt Urgency Ordinance No. 3001-A, heading read, text waived: A. URGENCY ORDINANCE NO. 3001-A, URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROHIBITING THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES FOR AN INTERIM PERIOD OF FORTY-FIVE (45) DAYS Councilmember Rindone seconded the motion and it carried 4-0. B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PROHIBITING THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DESPOSIT USES (FIRST READING) (4/STHS VOTE REQUlRED)\ No action was taken on Item 9B. ACTION ITEMS -- 10. CONSIDERATION OF APPROVAL OF THE TEMPORARY CLOSURE OF EASTLAKE PARKWAY BETWEEN MILLER DRIVE AND RIDGEWATER DRIVE, FROM JUNE 6, 200S TO JUNE 20, 200S San Diego Expressway Limited Partnership, L.P. by California Transportation Ventures, Inc., its General Partner, has requested temporary closure of Eastlake Parkway between Miller Drive and Ridgewater Drive. The temporary road closure is needed in order to construct a temporary on-site detour for the construction of a new bridge over the SR-125 Toll Road. (City Engineer) Brian Freund, representing Otay River Constructors, provided an overview of the construction phases for the proj ect. . ACTION: Councilmember Davis offered Resolution No. 200S-138, heading read, text waived: RESOLUTION NO. 2005-138, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TEMPORARY CLOSURE OF EASTLAKE PARKWAY FROM JUNE 6, 2005 TO JUNE 20, 200S BETWEEN MILLER DRIVE AND RIDGEW ATER DRIVE, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A TEMPORARY ENCROACHMENT PERMIT TO SAN DIEGO EXPRESSWAY LIMITED PARTNERSHIP, L.P. BY CALIFORNIA TRANSPORTATION VENTURES, INC., ITS GENERAL PARTNER FOR THE CONSTRUCTION OF THE - TEMPORARY ON-SITE DETOUR The motion carried 4-0. Page 6 - Council Minutes 8-5 April 26, 2005 ATTACHMENT A _.. ORDINANCE NO. 3001-A URGENCY ORDINANCE OF TIIE CITY COUNCIL OF THE CITY OF CHULA VISTA PROHIBITING TIlE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES WHEREAS, the City of Chula Vista ("City") has, in recent years, expericnced a proliferation of businesses engaged primarily in the cashing of checks and/or deferring the depositing or a custom<;;r's personal che.ck until a specific date - both for a fee ("check cashing/deferred deposit estahlishments"); and WHEREAS, staff believes that the current land use policies rcgarding fee-based check cashing/deferred deposit establishments are inadequate to address the effects ofthese uses on the community; and WHEREAS, cashing/deferred deposit establishments may decrease neighboring property values; displace/discourage other desirable businesses, including full-service financial institutions; and should be operated with adequate security; and WHEREAS. the Planning Commission, on January 26, 200S, recommended that the City Council adopt a temporary moratorium on fee-based check cashing and deferred deposit businesses until the land use impacts caused by a proliferation of such establishments can be more thoroughly studied; and --. WHEREAS, the Planning Commission was particularly concerned with the potential interference with revitalization efforts of the City and Redevelopment Agency in Western Chula Vista; and WHEREAS, staff requires enough time to conduct the required studies and develop appropriate policy recommendations that address where, when, and under what conditions check cashing/deferred deposit establishments would be compatible with sUIr01.mding land uses and consistent with land use plans and policies, such as the General Plan, redevelopment area plans, specific plans and the Broadway Revitalization Strategy; and WHEREAS, individuals have recently expressed interest in establishing new or expanded land uses involving fee-based check cashing or deferred deposits; and WHEREAS, Government Code Section 65858, allows the City Council to adopt an interim zoning ordinance as an urgency measure to protect the public safety, health, and welfare without foUowing the procedures otherwise reqillred preliminary to the adoption of a zoning ordinance, if passed by a four-fifths vote; and WHEREAS, the interim ordinance shall be of no further force and effect forty-five days from the date of adoption thereof; provided however, that after the required notice and public hearing the City Council may, by a four-fifths vote. extend the interim ordinance for an additional ten months and fifteen days (with the option of an additional one-year extension) or twenty-two months and fifteen days (with DO extension); and ,--, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California EnviroDmental Quality Act and has determined that 8-6 Ordinance 3001-A - Page 2 the project qualifies for a Class 8 categorical exemption (actions by regulatory agencies for protection of the environment) pursuant to Section 15308 of the State CEQA Guidelines. Fll!'tbennore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain: SECTION] . Findings. A. The City of Chula Vista has, in recent ycars, cxpcricnced a proliferation of check cashing and delerred deposit businesses. B. The City Coum.:il believes that the current land use policies regarding fcc-based check cashing and deferred deposit establishments are inadequate to address the effects of these uses on the community. C. Unchecked proliferation of check cashing or dcfL'ITed deposit uses may displace existing full-service financial institutions in generally Jower income commercial areas. These financial institutions may dose or choose not to open where the market share is significantly eroded. In addition, new full-service financial institutions and other desired commercial development must compete with check cashing/deferred deposit establishments for the limited commercial space in each district. Unchecked, this may result in a reduction or displacement of needed goods and services. - D. Some chcck cashing and deferred deposit businesses lack adequate security measures, especially when compared to banks. Security personnel (if present) are often not certified. Surveillance =eras may be sub-par or non-existent. Exterior lighting and other measures are not in pJacc to protect patrons - even though they operate with extended hours. Combined, these factors may facili1ate the commission of crimes at a greater rate than at banks, thereby necessitating a djm~rent set ofland use controls. SECTION 2. Findings of Urgency. The immediate adoption of this ordinance is necessary to protect the public safety, health, and welfare in order to prevent the frustration of studies on these matters and the adoption of adequate land use policies. The absence of this ordinance would perpetuate the negative impacts callsed by unregulated fee-based check cashing/deferred deposit uses and create a serious threat to the orderly and effective implementation of any land use policies that would be adopted as a result of the necessary studies. SECTION 3. Prohibition of New Check Cashing or Deferred Deposit Uses. A. The establishment or expansion of a fee-based checking cashing or deferred deposit business/use shaJJ be prohibited. No application, building pennit, certificate of occupancy, or entitlement for the establishment or expansion of check cashing or deferred depos1t business/use sha]] be accepted, processed, or approved while this ordinance is in effect. B. "Check cashers" are entities in the business of cashing checks, warrants, drafts, money orders, or other commercial paper. "Check cashers" are not state or federally chartered banks, savings associations, credit unions., or industrial loan companies. They also do not include retailers that cash checks or issUt: money orders (for a fee ofless than two do1Jars) as an - incidental service to its customers. 8-7 Ordinance 3001-A Page 3 C. "Deferred deposit businesses" are those businesses that defer depositing a customer's personal check untiJ a specific date, pursuant to a written agreement SECTION 4. Effective Datc. This interim zoning ordinance is adopted under the provisions of Government Code Section 65858 and shall take effect and be in full force immediately upon its passage by a four-fifths vote of the City Council. SECTION 5. Expiration Date. This interim ordinance shall be of no further force al1d effect forty-five (45) days from thc date of adoption. Presented by Approved as to form by ;J .- ~ \ J\ D. Sandoval AnD Moore . g and Building Director City Attorney 8-8 Ordinance 3001-A - Page 4 - PASSED, APPROVED, and ADOPTED by the City Council of the City of ChuJa Vista, California, this 26th day of April, 200S, by the following vote: AYES: Councilmembers: Castaneda., Davis, Rindone and Padilla NAYS: Councilmembers: None ABSENT; C01J1Jcilmembers: McCann ~~cL!L Stephen C. PadiJIa., Mayor . ATTEST: '~.A.-I .1 l ~~ ~ ~ Susan Bigelow, MMC, City erk 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 Ordinance No. 3001-A was passed as an urgency measure on the 26th day of April, 2005. Executed this 26th day of April. 200S. :.. "'>..JulIa ~~ Susan Bigelow, MMC, City C rk . - - .8-9 - DRAFT RESOLUTION NO. 2005-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AND ISSUING A WRITTEN REPORT DESCRIBING THE MEASURES TAKEN TO ALLEVIATE THE CONDITION WHICH LED TO THE ADOPTION OF THE URGENCY ORDINANCE NO. 3001-A, WHICH TEMPORARn, Y PROHIBITED THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES WHEREAS, pursuant to Gove=ent Code Section 65858, on April 26, 2005, the City Council adopted Ordinance 3001-A, an urgency interim-zoning ordinance prohibiting the permitting or approval of any new or expanded fee-based check cashing and deferred deposit uses for a period offorty-five (45) days, and WHEREAS, staff was directed to perform the necessary studies and develop appropriate policy recommendations that address where, when, and under what conditions check cashing/deferred deposit establishments would be compatible with surrounding land uses and consistent with land use plans and policies; and - WHEREAS, in order for staff to perform the necessary tasks, additional time is needed beyond the 45 days allowed in Ordinance 3001-A; and WHEREAS, Government Code Section 65858(d) states that ten days prior to the expiration of that interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordIDance. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista hereby adopts and issues the written report attached hereto as Attachment A. Presented by: Approved as to form by: .J)a-. 7 I t+~ Jim Sandoval Ann Moore Director of Planning & Building City Attorney attorney\resolzoninglstiltus report - check cashing.doc - 8-1n DRAFT - ATTACHMENT A STATUS REPORT ON CHECK CASHING / DEFERRED DEPOSIT BUSINESS The City adopted the Urgency Ordinance No. 3001-A on April 26, 2005 to prohibit the permitting or approval of any new or expanded fee-based check cashing and deferred deposit uses in order to allow adequate time for staff to conduct the necessary studies and develop appropriate policy recommendations for the City Council to consider. Without an interim ordinance, the establishment or expansion of check cashing and deferred deposit businesses would frustrate the City's efforts to study the issue and implement the land use policies that would result from the process. Staff has prepared a preliminary scope of work for the studies that will be necessary to develop appropriate policy recommendations; however, additional time is needed for staff to conduct the studies and prepare recommendations. Staff anticipates that studies and recommendations will be completed within four to six months. To date, staff has compiled a comprehensive list of check cashing/deferred deposit businesses and mapped them. A Planning Commission workshop was held on May 18, 2005, to discuss to - negative effects of check cashing and deferred deposit businesses (as well as others) on the community. Staff is also in the process of collecting information from other. jurisdictions in order to get a clear understanding of the actions/options available in addressing the subject businesses. Given their proliferation and apparent negative impacts in the City, there will most likely be a need to adopt additional land use controls regarding check cashing and deferred deposit busmesses. The Zoning Code could be amended to require a conditional use permit prior to the establishment of a check cashing/deferred deposit business. This would allow case-by-case review of each proposal as well as the placement of operating conditions and design controls on each one. Creation of these new, pe=anent regulations will take staff additional time and require multiple public hearings. - R-11 DRAFT - ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA EXTENDING FOR TEN MONTHS AND FIFTEEN DAYS URGENCY INTERIM ORDINANCE NO. 300l-A PROHIBITING THE PERMITTING OR APPROVAL OF ANY NEW OR EXPANDED FEE-BASED CHECK CASHING AND DEFERRED DEPOSIT USES WHEREAS, the City of Chula Vista ("City") has, in recent years, experienced a proliferation of businesses engaged primarily in the cashing of checks and/or deferring the depositing a of customer's personal check until a specific date - both for a fee ("check cashing/deferred deposit establishments"); and WHEREAS, staff believes that the current land use policies regarding fee-based check cashing/deferred deposit establishments are inadequate to address the effects of these uses on the community; and WHEREAS, cashing/deferred deposit establishments may decrease neighboring property values; displace/discourage other desirable businesses - including full-service financial - institutions; and should be operated with adequate security; and WHEREAS, the Planning Commission, on January 26, 2005, recommended that the City Council adopt a temporary moratoriwn on fee-based check cashing and deferred deposit businesses until the land use impacts caused by a proliferation of such establishments can be more thoroughly studied; and WHEREAS, the Planning Commission was particularly concerned with the potential interference with revitalization efforts of the City and Redevelopment Agency in Western Chula Vista; and WHEREAS, staff requires enough time to conduct the required studies and develop appropriate policy recommendations that address where, when, and under what conditions check cashing/deferred deposit establishments would be compatible with surrounding land uses and consistent with land use plans and policies, such as the General Plan, redevelopment area plans, specific plans and the Broadway Revitalization Strategy; and WHEREAS, individuals have recently expressed interest in establishing new or expanded land uses involving fee-based check cashing or deferred deposits; and WHEREAS, Govemment Code Section 65858 allows the City Council to adopt an interim zoning ordinance as an urgency measure to protect the public safety, health, and welfare - without following the procedures otherwise required preliminary to the adoption of a zoning ordinance, if passed by a four-fifths vote; and 8-12 Ordinance No. DRAFT Page 2 of 4 WHEREAS, on April 26, 2005, the City Council adopted Urgency Ordinance No. 3001- A prohibiting the permitting or approval of any new or expanded fee-based check cashing and deferred deposit uses for forty-five days; and WHEREAS, if the City needs additional time to conduct the required studies and develop appropriate policy recommendations to alleviate the condition which led to the adoption of the original Urgency Ordinance, Government Code Section 65858 allows the City Council to extend said Ordinance for an additional ten (10) months and fifteen (15) days to protect the public health, safety, and welfare, if passed by a four-fifths vote; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 8 categorical exemption (actions by regulatory agencies for protection of the environment) pursuant to Section 15308 of the State CEQA Guidelines. Furthe=ore, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION 1. Findings. A. The City of Chula Vista has, in recent years, experienced a proliferation of check cashing and deferred deposit businesses. B. The City Council believes that the current land use policies regarding fee-based check cashing and deferred deposit establishments are inadequate to address the effects of these uses on the community. C. Unchecked proliferation of check cashing or deferred deposit uses may displace existing full-service financial institutions in generally lower income commercial areas. These fmancial institutions may close or choose not to open where the market share is significantly eroded. In addition, new full-service financial institutions and other desired commercial development must compete with check cashing/deferred deposit establishments for the limited commercial space in each district. Unchecked, this may result in a reduction or displacement of needed goods and services. D. Some Check cashing and deferred deposit businesses lack adequate security measures, especially when compared to banks. Security personnel (if present) are often not certified. Surveillance cameras may be sub-par or non-existent. Exterior lighting and other measures are not in place to protect patrons - even though they operate with extended hours. Combined, these factors may facilitate the commission of crimes at a greater rate than at banks, thereby necessitating a different set of/and use controls. 8-13 Ordinance No. DRAFT Page 3 of4 - E. Additional time IS needed ill order to complete the studies and prepare the recommendation on check cashing and deferred deposit uses, which were cont=plated in the original Urgency Ordinance. F. The City Council will not have the ability to make an informed decision regarding the approval or permitting of check cashing or deferred deposit businesses until staff has completed the necessary studies. SECTION 2. Findings of Urgency The immediate adoption of this ordinance is necessary to protect the public safety, health, and welfare in order to prevent the frustration of studies on these matters and the adoption of adequate land use policies. The absence of this ordinance would perpetuate the negative impacts caused by unregulated fee-based check cashing/deferred deposit uses and create a serious threat to the orderly and effective implementation of any land use policies that would be adopted as a result of the necessary studies. SECTION 3. Prohibition of New Check Cashing or Deferred Deposit Uses. .-- A. The establishment or expansion of a fee-based checking cashing or deferred deposit business/use shall be prohibited. No application, building permit, certificate of occupancy, or entitlement for the establishment or expansion of check cashing or deferred deposit business/use shall be accepted, processed, or approved while this Ordinance is in effect. B. "Check cashers" are entities in the business of cashing checks, warrants, drafts, money orders, or other commercial paper. "Check cashers" are not state or federally chartered banks, savings associations, credit unions, or industrial loan companies. They also do not include retailers that cash checks or issue money orders (for a fee ofless than two dollars) as an incidental service to its customers. C. "Deferred deposit businesses" are those businesses that defer depositing a customer's personal check until a specific date, pursuant to a written agreement. SECTION 4. Effective Date. This urgency ordinance is adopted under the provisions of Government Code Section 65858 and shall take effect and be in full force immediately upon its passage by a four-fifths vote of the City Council. - 8-14 Ordinance No. DRAFT Page 4 of 4 SECTION 5. Expiration Date. This urgency ordinance shall extend the effective date of Urgency Ordinance No. 3001-A, adopted on April 26, 2005, for a period of ten (10) months and fifteen (15) days and thereafter shall be of no further force and effect. Presented by: Approved as to form by: :DD-- 7. (-tv...- Jim Sandoval Ann Moore Director of Planning and Building City Attorney \attorneylordinancelchet:k cashing-deferred deposit e.xtension.doc 8-15 - COUNCIL AGENDA STATEMENT Item: 1 Meeting Date: 5/24/05 ITEM TITLE: RESOLUTION AMENDING THE FY 2005 FIRE DEPARTMENT BUDGET AND APPROPRIATING $726,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND SUBMITTED BY: Fire Chief1)t-~ REVIEWED BY: City ManagD (4/5ths Vote: YesLNo _) The Fire Department is requesting an appropriation from the available balance of the General Fund to meet unanticipated personnel and services and supplies expenditures in FY 2005. RECOMMENDATION: That the City Council amend the FY 2005 Fire - Department budget, and appropriate $726,000 from the available balance of the General Fund. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The FY 2005 Fire Department amended budget totals $18.416,842. The Fire Department is requesting an additional appropriation of $726,000 to meet projected personnel and services and supplies expenditures in FY 2005. SUMMARY OF FIRE DEPARTMENT EXPENDITURES Amended FY 05 Projected FY05 Budget Category Budget Budget Variance Personnel $15,823,135 $16,413,135 $590,000 Services & Supplies $ 2,008,119 $ 2,144,119 $136,000 Operatinq Capital $ 585,588 $ 585,588 $ --- Total $18,416,842 $19,142,842 $726,000 - 9-1 Personnel Expenditures The expenditures for personnel services will exceed the budgeted amount of $15,823,135 by $590,000.1 The variance in personnel expenditures is primarily due to under funding of overtime in the Fire Department budget. Overtime has been under funded since implementation of the constant minimum staffing program for Fire Suppression requiring annual transfers of unused general fund appropriations at year-end. Overtime and comp time payments are anticipated to exceed the budget by an estimated $400,000. This is the first year that a transfer may not be possible because other departments' are anticipated to fully expend their budget allocations. The remaining appropriations of $190,000 are requested to meet over expenditures in the other personnel categories. The proposed FY 2006 budget has been adjusted to fund approximately $240,000 in Suppression overtime and comp time payments. Services and Supplies Services and Supplies expenditures will exceed the amended budget of $2,008,119 by an estimated $136,000. The over expenditure is due to an oversight in the equipment maintenance account. The equipment maintenance budget is primarily used to pay maintenance and fuel costs for fire engines, vehicles and other equipment such as generators. The account is anticipated to be over expended by $114,000. The shortage is the result of mid-year additions to the apparatus fleet and expansion of the reserve fleet from three to five fire engines. Three new fire engines were added to the fleet in November 2004 for the opening of Fire Stations 6, 8 and the expansion of the reserve fleet. The associated equipment fuel and equipment maintenance costs were not budgeted at the time of purchase resulting in a shortfall. In addition, existing fire engines are being utilized more due to the Firefighter Academy's new firefighter personnel, and increased training and testing requirements. The FY 2006 proposed budget includes the necessary equipment maintenance charges to reflect the existing Fire Department fleet inventory and usage requirements. The second contributing factor to the projected over expenditure is a result of increased telephone costs. The telephone account is under budgeted and is anticipated to exceed the amended budget by $22,000. The expenditure is a result of telephone charges related to the new Fire Communication Center, monthly charges for mobile data computers and new phone service to new fire stations and new personnel added in FY05. FISCAL IMPACT: The net impact to the General Fund Reserves will be $726,000 based on this request. 1 This amount includes anticipated cash out of $165,000 for comp time in lieu of overtime. Per MOU stipulations, Fire empioyees may elect to accrue camp time and cash out at year-end. 9-2 RESOLUTION NO. 2005- DRAFT - RESOLUTION AMENDING THE FY 2005 FIRE DEPARTMENT BUDGET AND APPROPRIATING $726,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND WHEREAS, The FY 2005 Fire Department amended budget totals $18,416,842 which includes $15,823,135 for personnel services and $2,008,119 for services and supplies; and, WHEREAS, The Fire Department IS requesting an additional appropriation of $726,000 to meet projected personnel and services and supplies expenditures in FY 2005; and, WHEREAS, The variance in ex:penditures is primarily the result of under funding in the Fire Department budget which has existed since implementation of the constant minirnwn staffing program for Fire Suppression; and, WHEREAS, Services and Supplies expenditures will exceed the amended budget by an estimated $136,000; and, - WHEREAS, the over expenditure is due to an oversight in the equipment maintenance account and under funding of the telephone account; and, NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby amends the Fire Department personnel budget by $590,000 and the services and supplies budget by $136,000. Presented by: Approved as to form by: ~J \ -'Y1~ ~ F"' Ann Moore City Attorney H:/sharedJattomeylFire 2005 Expenses reso - 9-3 - COUNCIL AGENDA STATEMENT Item: 10 Meeting Date: OS/24/2005 ITEM TITLE: RESOLUTION AMENDING THE FY2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET AND APPROPRIATING $482,677 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND; APPROPROPRIATING $200,000 BASED UPON UNANTICIPATED ASSET SEIZURE REVENUES; TRANSFERING $30,000 FROM SUPPLIES AND SERVICES AND $75,000 FROM OTHER EXPENSES TO PERSONNEL SERVICES. SUBMITTED BY: Ch;.f of POh~ REVIEWED BY: City Manage (4/5ths Vote: YesLNo -> - The Police Department Personnel Services budget is projected to be over in Personnel Services by approximately $787,677 at the end of fiscal year 2005. The department is requesting additional appropriations from the available balance of the general fund as well as appropriations based on unanticipated revenues and transfers from Supplies and Services and Other Expenses to the personnel category to cover the budget. RECOMMENDATION: That Council adopt the resolution: . Amending the fiscal year 2005 Police Departments Personnel Services budget by appropriating $482,677 from the available balance of the General Fund; . Appropriating $200,000 to the Police Department Personnel Services budget based on unanticipated asset seizure revenues; . Transfer $30,000 from Supplies and Services and $75,000 from Other Expenses to the Personnel Services budget. BOARDS/COMMISSIONS RECOMMENDATION: N/A - 10-1 Page2,ltem: 10 Meeting Date: OS/24/05 BACKGROUND: Over the past several years the Police Department was able to achieve significant budgetary savings due to several vacancies in officer and civilian ranks existing within the Department. In an effort to assist in balancing the general fund budget the Department chose to try and continue achieving those expenditure savings primarily within the Personnel Services category. However, due primarily to overtime usage and hourly wages paid in fiscal year 2005, the department will exceed budgeted expenditure amounts in Personnel Services by $787,677. By transferring anticipated savings from the Supplies and Services and Other Expenses category and appropriating unanticipated revenues from Asset Seizures, the department will be able to reduce the anticipated overage in Personnel to $482,677. Amended Projected Budget Expenditures (Over)/Under Personnel Services $36,712,559 $37,500,236 $ (787,677) Supplies and Services $ 4,738,474 $ 4,708,474 $ 30,000 Other Expenses $ 163,913 $ 88,913 $ 75,000 Asset Seizure Appropriations $ 200,000 $ $ 200,000 Additional GF Appropriations $41,814,946 $42,297,623 $ (482,677) Discussion: Expenditures Overtime The department projects to be $317.464 over in budgeted overtime. This is overtime to maintain minimum staffing levels in patrol, training SWAT and Mobile Field Forces on a monthly basis, overtime due to extended shifts, overtime related to officers attending Court and overtime due to hard holidays. The department continues to hire quality staff, however as they are either in the academy or in field training, the department utilizes overtime to maintain appropriate patrol staffing levels. As the following graph details, actual staffing levels in the sworn ranks lag behind the budgeted number of staff. This has lead to increased amounts of overtime used to maintain minimum staffing levels in patrol. The department will achieve over hire status in July 2005. 10-2 Page3,ltem: 10 Meeting Date: OS/24/05 - Police Department Sworn Staffing 2002 . 2005 235 en 220 '" '" >. 0 205 C. E UJ 190 175 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '~~~ ~#~~ ''5..#~'f4.: 5.,,' -:,1IJo<::' ~~ -:,~ 0" -:,1IJo<::' ~~ -:,~ 0" -:,1IJo<::' ~~ -:,~ 0" -:,1IJo<::' ~~ 1-- Authorized -- Actual Actual On-Duty I The use of compensatory time has also contributed significantly to the amount of - overtime use. For the past several years, courts had opined that employers could not decline requested use of compensatory time by employees. This has lead to situations where employee time off requests could not be regulated based upon operational concerns. This has required the department to mandate and pay overtime to fill in behind the individuals utilizing compensatory time off. Overtime relating to court ($32,003) is mandated by MOU and overtime relating to hard holidays ($92,195) was under funded as discussed in the differentials section of the report. Hard holiday overtime has been adjusted in the proposed fiscal year 2006 budget to more accurately reflect actual expenditures. Hourly Wages The department projects to be $520,676 over budget in Hourly Wages. The department has utilized hourly employees in order to meet operational requirements primarily in the Police Support Services (PSS) division ($161,301) and the Animal Care Facility ($185,256). Together, these two divisions represent 66% of the total funds expended for hourly wages. In PSS, hourly employees were utilized to reduce a significant backlog of reports, as well as to handle citizen inquiries at the front counter. This includes hiring Police Cadets who handle all of the front counter duties as well as various other duties throughout the department. - Hourly employees were also utilized in the Animal Care Facility (ACF) prior to Councils adoption of the Animal Care Facility staffing plan, in order to maintain 10-3 (/7 Page4,ltem: ' , ~ Meeting Date: OS/24/05 humane conditions for the animals and to handle the increasing workload at the ACF. The remainder of the hourly employees are located throughout the department and are also essential to department operations. Differentials In addition to the overtime and hourly expenditures, which were unanticipated, there were several differential accounts in which a budgeting error occurred. The department budgets $632,508 for the various differentials paid to officers and civilians which are mandated by Memorandum of Understanding and were under funded by $174,112. Because of historical savings in the Personnel Services and Supplies and Services categories in the past, this has not been an issue. These accounts have been adjusted in the proposed fiscal year 2006 budget, which also includes $1,357,067 of enhancements to the Police Department Personnel Services line item budget. Overall, MOU related expenses such as court overtime, hard holiday pay, shift differential, FTO pay and education differential all contributed to $303,310 of the departments over expenditures. These errors have been addressed in the proposed fiscal year. Revenues In addition to the anticipated over expenditures the department will not achieve budgeted revenues by approximately $2.0 million. This is primarily due to the jail facility ($875,000) not operating as a Type I facility (as was detailed in Council Resolution 2004-23) and unexpended grant funds ($827,194). AMENDED BUDGET PROJECTED REVENUES $10,759,002 $8,748,068 Jail Facility As was previously mentioned, the department has been unable to start operating the jail as a Type I facility in order to book prisoners. This is due to protracted negotiations with the San Diego County Sheriff's Organization (SOSO) over the transfer of prisoners at the County courthouse. However, the department has been using the jail facility for temporary holding prior to booking prisoners into County jail. But since we are not the booking agency, we are unable to charge a booking fee as was detailed in Council Resolution 2004-23. The loss of revenue associated with booking fee's is $700,000. 10-4 Page5,ltem: /0 Meeting Date: OS/24/05 - The department also budgeted $175,000 in revenues for contracts with State and Federal agencies to "rent" bed space in the jail facility. Those revenues will also not be realized due to budget concerns at both the State and Federal level. At this point in time, the department is confident that within the next 4 to 6 months, we will be able to sign contracts to provide bed space to a State or Federal law enforcement agency. Grant Revenues The department projects to under realize $827,194 in grant revenues this fiscal year. Grant revenues are reimbursed for actual expenditures incurred based on the various grant guidelines. Therefore, if grant money is not expended, the department will not realize offsetting revenue as reimbursement. One of the major grant accounts that will not be utilized is a $225,000 COPS More grant. This grant project is not feasible to implement at this time. Therefore, the department will not be making any expenditures from this account, or realizing the corresponding revenues. The remaining grant revenues correspond with personnel expenditure savings such as with California Border Alliance Group. CBAG will have $200,000 in savings in Personnel Expenditures that corresponds to $206,000 in unrealized grant revenues (includes 3% - Administrative Fee). Asset Seizure Revenues To assist in offsetting some of the over expenditures, the department is requesting to appropriate unanticipated revenues from the Asset Seizure fund to offset hourly wages. The department is projecting that Asset Seizure revenues will be come in approximately $200,000 over budget in the current fiscal year. Asset Seizure funds can be utilized to pay for law enforcement related expenses. FISCAL IMPACT: The fiscal impact of the additional appropriations and the under realization of revenues in the Police Department will impact the General Fund reserves by approximately $2.5 million dollars. Based on this and updated projections, General Fund reserves are currently projected to come in at approximately 8.3% of the operating budget at the end of the current fiscal year. General Fund Net Impact Additional Appropriations from General Fund $ (482,677) - Under realized Revenues $ (2,010,934) Projected General Fund Impact fiscal year 2005 $ (2,493,611) 10-5 5/24/05 Agenda Item No. 10 Correction to appropriation amount to match staff report RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET AND APPROPRIATING $482,677 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND; APPROPROPRIATING $200,000 BASED UPON UNANTICIPATED ASSET SEIZURE REVENUES; TRANSFERING $30,000 FROM SUPPLIES AND SERVICES AND $75,000 FROM OTHER EXPENSES TO PERSONNEL SERVICES. WHEREAS, the FY 2005 Police Department amended budget totals $36,712,559 for personnel services; and WHEREAS, The Police Department is requesting an additional appropriation of $482,677 to meet projected personnel services expenditures in FY 2005; and WHEREAS, The Police Department is also requesting transferring $30,000 from supplies and services and $75,000 from other expenses to personnel services; and WHEREAS, The Police Department is requesting appropriation off $200,000 to personnel services from the Asset Seizure fund based upon unanticipated revenues; and WHEREAS, The variance in expenditures is largely the result of increased hourly wages, increased overtime expenditures and under funding of MOU related accounts such as Hard Holiday Pay, Court Overtime, Shift Differential, FTO Pay and Education Differential in the Police Department budget; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 2005 Police Department personnel services budget and appropriating $482,677 from the available balance of the General Fund; appropriate $200,000 based upon unanticipated asset seizure revenues; transfer $30,000 from supplies and services and $75,000 from other expenses to personnel services. Presented by: Approved as to form by: Richard P. Emerson Ann Moore Police Chief City Attorney DRAFT - RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET AND APPROPRIATING $495,000 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND; APPROPROPRIATING $200,000 BASED UPON UNANTICIPATED ASSET SEIZURE REVENUES; TRANSFERING $30,000 FROM SUPPLIES AND SERVICES AND $75,000 FROM OTHER EXPENSES TO PERSONNEL SERVICES. WHEREAS, the FY 2005 Police Department amended budget totals $36,712,559 for personnel services; and WHEREAS, The Police Department is requesting an additional appropriation of $495,000 to meet projected personnel services expenditures in FY 2005; and WHEREAS, The Police Department is also requesting transferring $30,000 from - supplies and services and $75,000 from other expenses to personnel services; and WHEREAS, The Police Department is requesting appropriation off $200,000 to personnel services from the Asset Seizure fund based upon unanticipated revenues; and WHEREAS, The variance in expenditures is largely the result of increased hourly wages, increased overtime expenditures and under funding of MOU related accounts such as Hard Holiday Pay, Court Overtime, Shift Differential, FTO Pay and Education Differential in the Police Department budget; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 2005 Police Department personnel services budget and appropriating $495,000 from the available balance of the General Fund; appropropriate $200,000 based upon unanticipated asset seizure revenues; transfer $30,000 from supplies and services and $75,000 from other expenses to personnel services. ;JE Approved as to form by: t1~ ~~: I\..- Richard P. Emerson Ann Moore - Police Chief City Attorney 10-6 JOINT REDEVELOPMENT AGENCY/CITY COUNCIL May 24, 2005 ALTERNATIVE DOCUMENTS 1. Bylaws of Chula Vista Redevelopment Corporation 2. Chula Vista Redevelopment Corporation Operating Agreement 3. Ordinance Addi.og Chapter 2.55 to the Chula Vista Municipal Code Establishing the Chula Vista Redevelopment Corporation to Support the Planning and Redevelopment Activities of the City and the Chula Vista Redevelopment Agency Within Designated Areas of the City 4. Resolution of the City Council of the City Of Chula Vista Designating Territories and Geographic Areas Within the City Of Chula Vista Redevelopment Corporation has Authority to Exercise Planning and Redevelopment Functions 5. Resolution of the Redevelopment Agency of the City Of Chula Vista Amending Resolution No. 1 Which Adopted Certain Rules and Regulations for Said Redevelopment Agency {VClty fLi y~ ~(S +rum avnl1^. aV. BYLAWS OF CHULA VISTA REDEVELOPMENT CORPORATION a California Nonprofit Public Benefit Corporation ARTICLE I ARTICLE II Section 1. Section 2. ARTICLEffi Section 1. Section 2. ARTICLE IV ARTICLE V ARTICLE VI Section 1. Section 2. ARTICLE VII Section 1. Section 2. Section 3. Section 4. Section 5. ARTICLE vm Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. ARTICLE IX Section 1. Section 2. Section 3. Section 4. ARTICLE X Section 1. 131/023920-0001 582997.02 a04120/05 TABLE OF CONTENTS Pae:e NAME ......................................................................................................1 OFFICES .................................................................................................1 Principal Office .......................................................................................1 Other Offices ...........................................................................................1 PURPOSES AND OBJECTIVES.......................................................... 1 Specific Purpose ......................................................................................1 General Purposes ....................................................................................2 NONPARTISAN ACTIVlTIES.............................................................2 DEDICATION OF ASSETS ..................................................................2 MEMBERS..............................................................................................3 Directors as Members .............................................................................3 Meetings ............................................~......................................................3 DIRECTORS...........................................................................................3 Powers. ..................................................................................................... 3 Number and Qualification of Directors. ...............................................3 Designation and Term of Office of Independent Directors.................4 Directors' Meetings.................................................................................5 Compensation ..........................................................................................6 OFFICERS .............................................................................................. 6 Officers .....................................................................................................6 Resignation of Officers ........................................................................... 6 Vacancies in ..Office................................................................................ 7 Chair of the Board .................................................................................. 7 Chief Executive Officer .......................................................................... 7 Secretary .................................................................................................. 7 Chief Financial Officer ........................................................................... 7 General Counsel.......................................................~..............................8 INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS .............................................................8 Right of Indemnity .................................................................................. 8 Approval of Indemnity ........................................................................... 8 Advancement of Expenses ...................................................................... 9 Insurance .................................................................................................9 RECORDS AND REPORTS .................................................................9 Maintenance of Corporate Records ......................................................9 -1- Section 2. Section 3. Section 4. ARTICLE XI Section 1. Section 2. Section 3. ARTICLE xn Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. ARTICLE xm 131/Q23920-0001 582997.02 a04120/05 Paee Inspection by Directors........................................................................... 9 Independent Audit and Annual Report................................................ 9 Annual Statement of Certain Transactions and . Indemnifications....................................................................................10 COMPLIANCE WITH LA WS............................................................11 Application of Political Reform Act ....................................................11 Application of Government Code Section 1090.................................11 Compliance with Other Laws ..............................................................11 GENERAL CORPORATE MATTERS .............................................11 Fiscal Y ear .............................................................................................11 CVRC Budget........................................................................................11 Redevelopment Agency Priorities and Budget................................... 12 Investment Policy; Money Manager ...................................................12 Checks, Drafts, Evidence of Indebtedness ..........................................12 Corporate Contracts and Instrnments................................................12 Constrnction and Definitions ...............................................................12 Compliance With Public Records Act.................................................12 AMENDMENTS ...................................................................................12 , , -11- BYLAWS OF CHULA VISTA REDEVELOPMENT CORPORATION a California Nonprofit Public Benefit Corporation ARTICLE I NAME The name of this corporation shall be the CHULA VISTA REDEVELOPMENT CORPORATION. ARTICLE I1 OFFICES Section 1. Principal Office. The principal office for the transaction of the business of the corporation ("principal executive office") is located at 245 F ourth Avenue, Chula Vista, State of California. The directors may change the principal office from one location to another in the City of Chula Vista. Any change of this location shall be noted by the secretary on these Bylaws opposite this section, or this section may be amended to state the new location. Section 2. Other Offices. The board of directors may at any time establish branch or subordinate offices at any place or places in the City of Chula Vista where the corporation is qualified to do business. ARTICLE III PURPOSES AND OBJECTIVES Section 1. Snecific Purnose. The specific and primary purpose of this corporation is to carry out planning and redevelopment activities within such geographical area(s) of Chula Vista as the Chula Vista City Council may designate from time to time by ordinance or resolution, including: (a) the conduct of delegable functions and responsibilities of the Planning Commission and the Redevelopment Agency of the City of Chula Vista; (b) the development of recommendations to tht;; City Council and Redevelopment Agency of the City of Chula Vista regarding non-delegable actions of those governing bodies; (c) the conduct of the functions and responsibilities of the Resource Conservation Commission and the Design Review Committee of the City of Chula Vista; and (d) the development of recommendations regarding the strategic priorities to be programmed by the Redevelopment Agency of the City of Chula Vista through its annual budget. 131/023920-0001 582997.02 a04120!05 ( e) This corporation is organized and shall be operated exclusively for charitable purposes within the meaning of Section 50l(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). Section 2. following: General Purposes. The general purposes of this corporation are the (a) to receive, hold, and disburse gifts, bequests, devises, and other funds to advance the specific and primary purpose of this corporation; (b) to own, lease, and maintain suitable real and personal property which is deemed necessary to accomplish the specific and primary purpose of this corporation; and (c) to enter into, make, and perform, and carry out contracts which are deemed necessary to accomplish the specific and primary purpose of this corporation. ARTICLE IV NONPARTISAN ACTIVITIES This corporation has been formed under the California Nonprofit Public Benefit Corporation Law for the purposes described above, and it shaH be nonprofit and nonpartisan. No substantial part of the activities of this corporation shall consist of the publication or dissemination of materials with the purpose of attempting to influence legislation, and this corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office or for or against any cause or measure being submitted to the people for a vote. This corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of its purposes and objectives described above. Notwithstanding the foregoing sentence, this corporation shall be subject to all applicable State and Federal laws governing the conduct of local governmental entities, including but not limited to the laws described in Article XI below. ARTICLE V DEDICATION OF ASSETS The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer, or member hereof or to the benefit of any private person. Upon the dissolution or winding up of this corporation, its assets remaining after payment, or provision for payment, of all of its debts and liabilities shall be distributed to the Redevelopment Agency of the City of Chula Vista provided that it is then an organization described in Section l70(c)(1) of the Code or the corresponding provision of any future United States internal revenue law; and if not, such assets shall be distributed to a nOnprofit fund, foundation or corporation designated by the board of directors which is organized and operated exclusively for charitable, educational or scientific purposes and which has established its tax exempt status under Section 50l(c)(3) of the Code or the corresponding provision of any future United States internal revenue law. 1311023920-0001 582997.02 a04l10/0S -2- ARTICLE VI MEMBERS Section 1. Directors as Members. This corporation shall have no members. Any action which would otherwise require approval by a majority of all members or approval by the members shall require only approval of the board of directors, as authorized by Section 5310 of the California Nonprofit Corporation Law. Section 2. Meetine:s. There shall be no meetings of members as such. The persons constituting the board of directors may, at any given time and ITom time to time, act in their capacity as members pursuant to Section 1 of this Article VI, at meetings of the board of directors held as provided in Section 4 of Article VII of these Bylaws. ARTICLE VII DIRECTORS Section 1. Powers. (a) General Corporate Powers. Subject to the provisions of the California Nonprofit Corporation Law and any limitations in the articles of incorporation and these Bylaws, the business and affairs of this corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the board of directors; provided, however, that io order to preserve the nonprofit, exempt-ITom-income-tax status of this corporation, neither the board nor any member thereof shall do any act, or authorize or suffer the doiog of any act by an officer or employee of this corporation, on behalf of the corporation, which is ioconsistent with the articles or these Bylaws or the nonprofit purpose of this corporation. Any such act or acts shall be null and void. (b) Specific Powers. Without prejudice to these general powers, and subject to the same limitations, the directors shall have the power to: (i) Change the principal office ITom one location to another in the City of Chula Vista, California; and designate any place within Chula Vista, California, for the holdiog of any meeting or meetings. (ii) Adopt, make, and use a corporate seal; and alter the form of the seal. - (iii) Subject to approval by a majority of the City-Directors, borrow money and iocur indebtedness on behalf of this corporation and cause to be executed and delivered for this corporation's purposes and objectives, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations, and other evidences of debt and securities. Section 2. Number and Qualification of Directors. (a) Number of Directors: Increase. The number of directors shall be nine (9), five (5) of whom shall be the duly elected or appointed and qualified members of the City 1311023920-0001 582997.02a04120/0S -3- Council of the City of Chula Vista ("City-Directors"). The City-Directors shall serve as the initial board of directors until such time that the Chula Vista City Council designates and appoints one or more Independent Directors pursuant to Section 3 of this Article VII. The number of directors may be increased by resolution of the board of directors and subject to the approval by the City Council of the City ofChula Vista. Section 3. Desimation and Term of Office of Independent Directors. (a) All directors other than the City-Directors ("Independent Directors") shall be designated and appointed by the City Council of the City of Chula Vista. Unless removed by the Chula Vista City Council pursuant to Section 3(t) of this Article VII, each Independent Director shall hold office until a successor has been appointed and qualified. (b) criteria: The Independent Directors shall be designated based on the following (i) One Independent Director shall be a member of the public with expertise and experience in the field of either architecture or environmental planning; (ii) One Independent Director shall be a member of the public with expertise and experience in the field of either real estate development or business; (iii) One Independent Director shall be a community leader and/or a member of the public with expertise and experience in the fields of either finance or education; (iv) One Independent Director shall be a member of the public with expertise and experience in the field of civil engineering, urban planning and/or design, or science. (c) The City Council of the City of Chula Vista shall initially designate Independent Directors identified above in (b )(i) and (b )(ii) to serve an initial nominal four-year term, and Independent Directors identified above in (b)(iii) and (b)(iv) to serve an initial nominal two-year term, terminating on June 30th of the fourth and second year, respectively. After the completion of the initial terms of office, each Independent Director's term of office shall be four years. ~, (d) After the completion of the initial term of office, each Independent Director may be re-appointed by the City Council of the City of Chula Vista. There shall be no limit on the number of terms that an Independent Director may serve on the board of directors. (e) Events Causing Vacancv on the Board. A vacancy or vacancies on the board of directors shall be deemed to exist on the occurrence of any of the following: (i) the death, resignation, or removal of any Independent Director, (ii) the declaration by resolution of the board of directors of a vacancy of the office of Independent Director 1311023920-0001 582997.02 a04nO/05 '-4- who has been declared of unsound mind by an order of court or convicted of a felony or has been found by final order or judgment of any court to have breached any duty under Article 3 of Chapter 2 of the California Nonprofit Corporation Law, (iii) the vote of a majority of the City Council of the City of Chula Vista to remove an Independent Director with or without cause; (iv) the expiration of the term of an Independent Director who is not re-appointed to a subsequent term of office, (v) the increase of the authorized number of directors, or (vi) the failure of the City Council of the City of Chula Vista, at any meeting of such City Council at which any Independent Director or Directors are to be appointed, to appoint the number of Independent Directors to be appointed at such meeting. (f) Resignations and Removals. Except as provided in this paragraph, any Independent Director may resign by giving written notice to the chair of the board, or to the chief executive officer or the secretary of the board. The resignation shall be effective when notice is given unless the notice specifies a later time for the resignation to become effective. Independent Directors serve at the pleasure of the City Council of the City ofChula Vista; and the City Council of the City ofChula Vista may, by majority vote, at any time remove any Independent Director for any reason. (g) Filling Vacancies. Vacancies in the office of Independent Director shall be filled by the City Council of the City of Chula Vista. Unless removed pursuant to Section 3(f) of this Article VII, each Independent Director so designated or elected shall hold office until a successor has been elected and qualified. (h) No Vacancv on Reduction of Number of Directors. Subject to any other provisions of these bylaws, no reduction of the authorized number of directors shall have the effect of removing any Independent Director before that Director's term of office expires. Section 4. Directors' Meetine:s. (a) Place of Meetings. .Meetings of the board of directors may be held at any place within the City of Chula Vista that has been designated from time to time by resolution of the board or in the notice of the meeting. In the absence of such designation, meetings shall be held at the principal office of this corporation. (b) Annual Meeting. The annual meeting of the boar4 of directors shall be held each year on a date and at a time designated by the board of directors. The date so designated shall be within fifteen (15) months after the last annual meeting. At each annual meeting directors subj ect to election shall be elected, officers shall be elected and any other proper business may be transacted. (c) Other Regular Meetings. Other regular meetings of the board of directors may be held at such time and place as shall from time to time be fixed by the board of directors. (d) Special Meetings. Special meetings of the board of directors for any purpose or purposes may be called at any time by the chair of the board, the chief 131/023920-0001 582997.02 a04n%s -5- executive officer, or the secretary, or any two (2) directors. Notice of the time and place of special meetings shall be given to each director in accordance with the Ralph M. Brown Act, California Government Code Section 54950, et seq., ("Brown Act") (e) Ouorum, A majority of the authorized number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the board of directors, subject to the more stringent provisions of these Bylaws, the articles of incorporation, and the California Nonprofit Corporation Law, including, without limitation, those provisions in these Bylaws and the articles of incorporation relating to (i) the investment and management of the funds of this corporation, (ii) the veto power over expenditures vested in the City-Directors, and those provisions of the California Nonprofit Corporation Law relating to a) approval of contracts or transactions in which a director has a direct or indirect material financial interest, b) appointment of committees, and c) indemnification of directors. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the required quorum for that meeting. (f) Adjournment. A majority of the directors present, whether or not constituting a quorum, may adjourn any meeting to another time and place. (g) Notice of Adjournment. Notice of the time and place of holding an adjourned meeting shall be given in accordance with the Brown Act. (h) Open Meeting Law Compliance. Notwithstanding any other provision of these Bylaws, including but not limited to this Section 4 and Section 5 of Article VII, the corporation shall be subject to, and comply with, all of the provisions of the Brown Act; and the board of directors shall be deemed to be a "legislative body" as defmed by the Brown Act. Section 5. Compensation. Directors may receive such compensation for their services and reimbursement for costs and expenses incurred in service to the corporation, as may be fixed or determined by resolution of the City Council of the City of Chula Vista, as may be amended from time to time by the City Council. ARTICLE VIII OFFICERS .. Section 1. Officers. The officers of this corporation shall be a chair of the board of directors, a chief executive officer, a secretary, a chief financial officer, and a general counsel. Any number of offices may be held by the same person, except that neither the secretary nor the chief financial officer may serve concurrently as the chair of the board. Section 2. Resimation of Officers. Any officer may resign. at any time by giving written notice to the board of directors. Any resignation shall take effect at the date of the receipt of that notice or at any later time specified in that notice; and, unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any 1311023920-0001 582997.02 a04120!D5 '-6- resignation is without prejudice to the rights, if any, of this corporation under any contract to which the officer is a party. Section 3. Vacancies in Office. A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled only in the manner prescribed in these Bylaws for regular appointment to that office. Section 4. Chair of the Board.. The chair of the board of directors shall be the person serving as the duly elected or appointed and qualified mayor of the City of Chula Vista. The chair shall preside at meetings of the board of directors and exercise and perfonn such other powers and duties as may be from time to time assigned to him or her by the board of directors or prescribed by the Bylaws. Section 5. Chief Executive Officer. The chief executive officer shall be the dulv appointed or designated Executive Director of the Redevelopment Agencv. f!orsoR af!f!ointed by the City Manager of the City sf CIulla Vista, ffila raafiea by the City COlIDeil. The chief executive officer shall, subject to the control of the board of directors, generally supervise, direct, and control the business of the corporation, as set forth in these Bylaws. The eaief eJreeiR'ive offieer shall have the f!owcr ta assiga staff af the City af Clmla Vista aRa the ReaevelopmeRt !.geney of the City ef Cliula Vista te perfoIHl serviees for the beneR! sf the eerporatioR. The chief executive officer shall have such other powers and duties as may be prescribed by the board of directors or the Bylaws. Section 6. Secretary. The secretary shall be the person appointed by the chief executive officer. The secretary shall attend to the following: (a) Book of Minutes. The secretary shall keep or cause to be kept, at the principal office or such other place as the board of directors may direct, a book of minutes of all meetings and actions of the board of directors, with the time and place of holding, whether regular or special, and, if special, how authorized, the notice given, the names of those present at such meetings, the number of directors present or represented at directors' meetings, and the proceedings of such meetings. (b) Notices. Agendas. Seal and Other Duties. The secretary shall give, or cause to be given, notice of all meetings of the board of directors required by the Bylaws or by law to be given, including but not limited to the agenda requirements of the Brown Act. The secretary shall keep the seal of the corporation in safe c~stody. The secretary shall have other powers and perfonn such other duties as may be prescribed by the board of directors or the Bylaws. Section 7. Chief Financial Officer. The chief financial officer shall be the person serving as the duly appointed Director of Finance of the City of Chula Vista, or his or her designee. The Chief Financial Officer shall attend to the following: (a) Books of Account. The chief financial officer shall keep and maintain, or cause to be kept and maintained, adequate and correct books and records of accounts of the properties and business transactions of this corporation. The chief financial officer shall send or cause to be given to the directors such fmancial statements and reports as 1311023920-0001 582997.02a04120/05 -7- are required to be given by law, by these Bylaws, or by the board. The books of account shall be open to inspection by any director at all reasonable times. (b) Corporate Budget and Audit. The Chief Financial Officer shall be responsible for preparing and implementing the corporation's annual budget, and reviewing the annual audit of the corporation's books and accounts. (c) Deposit and Disbursement of Monev and Valuables. The chief financial officer shall deposit and manage all money and other valuables in the name and to the credit of this corporation with such depositories as may be designated by the board of directors and the chief financial officer shall disburse the' funds of this corporation as may be ordered by the board of directors, in accordance with the provisions of these Bylaws. The chief financial officer shall render to the chief executive officer and directors, whenever they request it, an account of all transactions effected by the chief financial officer and of the financial condition of this corporation. The chief financial officer shall have such other powers and perform such other duties as may be prescribed by the board of directors or the Bylaws. (d) Bond. If required by the board of directors, the chief financial officer shall give this corporation a bond in the aniount and with the surety or sureties specified by the board of directors for faithful performance of the duties of such office and for restoration to this corporation of all its books, papers, vouchers, money, and other property of every kind in the possession or under control of the chief financial officer on such officer's death, resignation, retirement, or removal from office. The corporation shall pay the costs of acquiring, and the annual prerniums on, such bond. Section 8. General Counsel. The general counsel to the corporation shall be the person serving as the duly appointed or designated City Attorney of the City of Chula Vista, or his or her designee. The General Counsel shall advise the corporation's board and officers, oversee legal compliance of corporation activities, approve as to form all legal documents approved or entered into by the corporation, and prepare all legal documents on behalf of the corporation. ARTICLE IX INDEMNIFICATION OF DIRECTORS. OFFICERS. EMPLOYEES. AND AGENTS Section 1. Rie:ht of Indemnitv. To the fullest extent permitted by law, this corporation shall indemnify any present or former director, officer, employee pr other "agent" of the corporation, as that term is defined in Section 5238 of the California Nonprofit Corporation Law, against all expenses, judgments, fines, settlements and other amounts actually and reasonably incurred by them in connection with any "proceeding," as that term is used in that Section, and including an action by or in the right of the corporation, by reason of the fact that the person is or was a person described in that section. "Expenses," as used in this bylaw, shall have the same meaning as in Section 5238(a) of the California Corporations Code. Section 2. Approval of Indemnitv. On written request to the board by any person seeking indemnification under Section 5238(b) or Section 5238(c) of the California Corporations 131/023920-0001 582997.02a04l20/05 -8- Code, the board shall promptly determine under Section 5238(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 523 8(b) or Section 523 8( c) has been met and, if so, the board shall authorize indemnification. If the board cannot authorize indemnification because the number of directors who are parties to the proceeding with respect to which indemnification is sought prevents the formation of a quorum of directors who are not parties to that proceeding, the board shall promptly call a meeting of members. At that meeting, the members shall determine under Section 5238(e) of the California Corporations Code whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met and, if so, the members present at the meeting in person or by proxy shall authorize indemnification. Section 3. Advancement of Expenses. To the fullest extent permitted by law and except as otherwise determined by the board in a specific instance, expenses incurred by a person seeking indemnification under Sections 5238(b) or 5238(c) of the California Corporations Code in defending any proceeding covered by those Sections shall be advanced by the corporation before final disposition of the proceeding, on receipt by the corporation of an undertaking by or on behalf of that person that the advance will be repaid unless it is ultiIDately determined that the person is entitled to be indemnified by the corporation for those expenses. Section 4. Insurance. The corporation shall have the right to purchase and maintain insurance to the full extent permitted by law on behalf of its officers, directors, employees, and other agents, against any liability asserted against or incurred by any officer, director, employee, or agent in such capacity or arising out of the officer's, director's, employee's, or agent's status as such. ARTICLE X RECORDS AND REPORTS Section 1. Maintenance of Coroorate Records. The corporation shall keep: (a) (b) Adequate and correct books and records of account; and Written minutes of the proceedings of its board and committees of the board. Section 2. Inspection bv Directors. Every director shall have the absolute right at any reasonable time to inspect the corporation's books, records, documents of every kind, physical properties, and the records of each of its subsidiaries. The inspettion may be made in person or by the director's agent or attorney. The right of inspection includes the right to copy and make extracts of documents. Section 3. Independent Audit and Annual Report. The corporation shall cause an independent annual financial audit and annual report to be sent to the directors for review, and be presented to the Chula Vista City Council, within six (6) months after the close of the corporation's fiscal year. That audit and report shall contain the following information, in appropriate detail, for the fiscal year: 131/023920-0001 582997.02 a04120/05 -9- (a) The assets and liabilities, including the trust funds, of the corporation as of the end of the fiscal year. (b) The principal changes in assets and liabilities, including trust funds. (c) The revenue or receipts of the corporation, both unrestricted and restricted to particular purposes. (d) The expenses or disbursements of the corporation for both general and restricted purposes. (e) Any information required by Section 4 below. The annual independent audit and annual report shall be accompanied by any report on it of independent accountants. Section 4. Annual Statement of Certain Transactions and Indemnifications. As part of the annual report to all directors, or as a separate document if no annual report is issued, the corporation shall annually prepare and furnish to each director a statement of any transaction or indemnification of the following kind within one hundred twenty (120) days after the end of the corporation's fiscal year: (a) Any transaction (i) in which the corporation, its parent, or its subsidiary was a party, (ii) in which an "interested person" had a direct or indirect material fmancial interest, and (iii) which involved more than Fifty Thousand Dollars ($50,000.00), or was one of a number of transactions with the same interested person involving, in the aggregate, more than Fifty Thousand Dollars ($50,000.00). For this purpose, an "interested person" is either of the following: (i) Any director or officer of the corporation, its parent, or subsidiary (but mere co=on directorship shall not be considered such an interest); or (ii) Any holder of more than ten percent (10%) of the voting power of the corporation, its parent, or its subsidiary. The statement shall include a brief description of the transaction, the names of interested persons involved, their relationship to the corporation, the nature of their interest in the transaction and, if practicable, the amount of that interest, provided that if the transaction was with a partnership in which the interested person is a partner, only.the interest of the partnership need be stated. . (b) Any indemnifications or advances aggregating more than Ten Thousand Dollars ($10,000.00) paid during the fiscal year to any officer or director of the corporation under Article IX of these Bylaws, unless that indemnification has already been approved by the directors under Section 523 8( e) (2) of the California Corporations Code. 1311023920-0001 582997.02 a04120/05 :10- ARTICLE XI COl\1PLIANCE WITH LAWS Section 1. ADDlication of Political Reform Act. Notwithstanding any other provision of these Bylaws, the corporation shall be subject to, and comply with, all of the provisions of the Political Reform Act of 1976, Government Code Section 81000, et seq, ("PRA"), as amended rrom time to time. The corporation shall be deemed to be an "agencv," and each director and officer shall be deemed to be a "designated emplovee," as defined in the PRA. Each director and officer shall be subject to the conflict of interest reporting and disqualification requirements of the PRA. The board of directors shall adopt, periodically review, and, if necessary, amend, a "conflict of interest code" as such term is defined in the PRA. Section 2. ADDlication of Government Code Section 1090. City-Directors shall be subject to the provisions of California Government Code section 1090, et seq. ("Section 1090"), as amended rrom time to time, and the corporation shall be deemed a "bodv" of which the City- Director is a member. No Independent Director shall be financially interested in any contract made by him or her in his or her official capacity as a director or by the corporation. Nor shal1 any Independent Director be a purchaser at any sale or vendors at any purchase made by him or her in his or her official capacity as a director or made by the board of directors. The prohibitions in this Section 2 shall be interpreted in the same manner as the prohibitions contained in Section 1090. Section 3. ComDliance with Other Laws. This corporation and its officers shall be subject to all applicable local, State and Federal laws, and all charter preyisioBs, ordinances and resolutions of the City of Chula Vista, including those governing the conduct of bodies, commissions and committees of the City and members of such bodies, commissions and committees. ARTICLE XII GENERAL CORPORATE MATTERS Section 1. Fiscal Year. The fiscal year of this corporation shall commence on July 1 and conclude on the immediately following June 30. Section 2. CYRC Bude:et. Prior to the commencement of each fiscal year of this corporation, the board of directors shall adopt a budget setting forth the estimated capital, operating and other expenditures required in connection with, and estima~7d receipts from, the activities of the corporation for such fiscal year; provided, however, that-during its first fiscal year, the board of directors shall adopt a budget for that initial year within four months of the first meeting of the board of directors. No budget shall become effective unless and until approved by the City Council of the City of Chula Vista. No expenditure may be made or obligation incurred which, when added to any other expenditure or obligation for the fiscal year of the corporation, exceeds the budget for that fiscal year by more than $5,000.00 or any line item specified in the budget by more than five percent (5%), without the prior approval of a majority of the City-Directors. 1311023920-0001 582997.02 a04nO/05 -11- Section 3. Redevelopment Al!:encv Priorities and Budl!:et. Prior to the commencement of each fiscal year of the Redevelopment Agency, the board of directors shall make recommendations to the Redevelopment Agency of the City of Chula Vista for its strategic priorities, budget, and work plan. Section 4. Investment Policv; Monev Manal!:er. The board of directors shall adopt and annually review and, if necessary, amend an investment policy for the corporation. Neither the investment policy nor any amendment thereof shall be deemed adopted by the board of directors unless a majority of the City-Directors approve such investment policy or amendment. Section 5. Checks. Drafts. Evidence of Indebtedness. All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable to this corporation, shall be signed or endorsed by such person or persons and in such manner as from time to time shall be determined by resolution of the board of directors. Such resolution shall require the approval of the board of directors, including a majority of the City- Directors. Section 6. Corporate Contracts and Instruments. The board of directors, including a majority of the City Directors, and except as otherwise provided in these Bylaws, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of this corporation, and this authority may be general or confined to specific instances; and, unless so authorized or ratified by the board of directors or within the agency power of an officer, no officer, agent or employee shall have any power or authority to bind this corporation by any contract or engagement or to pledge its credit or to render it liable for any purpose or for any amount. Section 7. Construction and Def"mitions. Unless the context requires otherwise, the general provisions, rules of construction, and definitions in the California Nonprofit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular number includes the plural, the plural number includes the singular, and the term "person" includes both a legal entity and a natural person. Section 8. Compliance With Public Records Act. The Corporation shall comply with and be subject to the provisions of the California Public Records Act, California Government Code Section 6250 et. seq. The Corporation shall be deemed a "Local Agencv" as that term is used in the California Public Records Act, and as such, shall be subject to all obligations and exemptions under the California Public Records Act. " ARTICLE Xill AMENDMENTS New Bylaws may be adopted or these Bylaws may be amended or repealed by the City Council of the City ofChula Vista. 1311023920-0001 582997.02 a04120/05 :12- CERTIFICATE OF SECRETARY I, the undersigned, do hereby certifY: 1. That I am the dilly elected and acting Secretary of: CHULA VISTA REDEVELOPMENT CORPORATION a California Nonprofit Public Benefit Corporation 2. That the foregoing Bylaws, comprising thirteen (13) pages, constitute the Bylaws of said corporation as dilly adopted at a meeting of the Board of Directors of the Corporation held on IN WITNESS WHEREOF, I have hereunto subscribed my name this _ day of ,2005. 131/023920.0001 582997.02 a04120/05 -13- CHULA VISTA REDEVELOPMENT CORPORATION OPERATING AGREEMENT This Operating Agreement ("Agreement"), dated , 2005, is entered into by and between the CITY OF CHULA VISTA, a charter municipal corporation of the State of California ("City"), the REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, a redevelopment agency formed and operating under Health and Safety Code g 33000, et seq. ("Agency"), and the CHULA VISTA REDEVELOPMENT CORPORATION, a California nonprofit public benefit corporation ("Corporation"). RECITALS (A) On ,2005, the City Council of the City authorized the creation of the Corporation, and adopted City Ordinance No. , establishing the Corporation to support the planning and redevelopment activities of the City and the Agency within designated areas ofChula Vista; (B) The City, Agency and Corporation jointly agree that the Corporation's planning and support functions on behalf of the City and Agency presently can most efficiently and effectively be provided through existing employees of the City and Agency, rather than by the Corporation hiring its own employee force; and (C) The City, Agency and Corporation jointly desire to enter into this Agreement to formalize the functions and activities to be provided by the Corporation to the City and the Agency, and to document the Corporation's use of City and Agency resources to accomplish those functions. NOW, THEREFORE, in reliance upon the facts recited above, and the covenants, conditions and premises contained herein, the parties hereto agree as follows: 1. Comoration Functions on Behalf of City and Agency. The Corporation shall perform planning and redevelopment support functions on behalf of and for the City and the Agency within those areas of Chula Vista designated by resolution of the Chula Vista City Council, and in accordance with the bylaws approved by the City (as such bylaws made from time to time be amended by the Corporation) and Chapter 2.55 of Title :n of the Chula Vista Municipal Code. In performing such planning and redevelopment support functions, the Corporation shall comply with all applicable provisions of the Chula Vista Municipal Code. 2. City Support to Comoration. In consideration for the Corporation's services as set forth in Paragraph l, and at the request of the Corporation, the City shall endeavor to provide sufficient support (by way of staff employees, services and supplies, and funding) ~o allow the Corporation to carry out its functions and activities. Those City staff assigned by the City Manager to support the Comoration shall report and be accountable to the Chief Executive Officer of the Comoration. 131/023920-0001 583450.01a05/24/05~ 3. Agency Support to Corporation. In consideration for the Corporation's services as set forth in Paragraph I, and at the request of the Corporation, the Agency shall endeavor to provide sufficient support (by way of staff employees, services and supplies, and funding) to allow the Corporation to carry out its functions and activities. Those Agency staff assigned by the City Manager to support the Corporation shall report and be accountable to the Chief Executive Officer of the Corporation. 4. Defense and Indemnification of Corporation. By this Agreement, the City and Agency each agree to defend, indemnify and hold harmless the Corporation, together with its directors, officers, employees, agents and representatives ("Corporation-Related Parties"), from any and all actions, suits, claims, demands, judgments, attorneys' fees, costs, damages to persons or property, losses, obligations, expenses or liabilities that may be asserted or claimed by any person or entity arising out of the acts or omissions of the Corporation or any Corporation- Related Party that are within the scope of the Corporation's activities as described in this Agreement and Chapter 2.55 of the Chula Vista Municipal Code. 5. Resolution of Disputes with City. In the event of any conflict or dispute between the City and the Corporation or the Agency with respect to the interpretation of this Agreement, or the functions or activities of the Corporation or the Agency as they relate to the City, such dispute shall be submitted to the Chula Vista City Council for its binding and final determination. 6. Resolution of Disputes with Agency. In the event of any conflict or dispute between the Agency and the Corporation with respect to the interpretation of this' Agreement, or the functions or activities of the Corporation as they relate to the Agency, such dispute shall be submitted to the governing board of the Agency for its binding and final determination. 7. Discrimination Prohibited. In connection with its functions and activities on behalf of the City and the Agency, the Corporation shall not discriminate against any person on 'account of race, color, creed, religion, sex, marital status, national origin or ancestry. Further, the Corporation agrees to comply with the terms of the Americans With Disabilities Act of 1990, 42 USC ~ 12101, et seq., as the same may be amended from time to time. 8. Waiver of Breach. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the otl].er party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing. 9. Construction and Amendment. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against any party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The headings of sections of this Agreement are for convenience or reference only, and shall not be construed to limit or extend the meaning of the terms, covenants and conditions of this Agreement. This Agreement may only be amended by the mutual consent of the parties hereto by an instrument in writing. 1311023920-0001 583450.01 a05124!OS~ :2- 10. Entire Agreement. This Agreement represents the [mal and complete Agreement of the City, Agency and Corporation with respect to all matters covered by this Agreement, and supersedes any prior oral or written understandings regarding the same. II. Assignment. This Agreement may not be assigned without the prior written approval of all of the parties hereto, which approval may be withheld in the sole and absolute discretion of any party. Subject to the foregoing sentence, this Agreement, and the rights and obligations herein, shall inure to the benefit of, and be binding upon, each of the parties and their respective approved successors and assigns. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date first written above. CITY OF CHULA VISTA By Mayor Attest: City Clerk Approved As To Form: City Attorney REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA By Chairman Attest: Agency Clerk CHULA VISTA REDEVELOPMENT CORPORATION By Chairman 131/023920-0001 583450.01a051241(}5~ -3- By 131/023920-0001 583450.01 a05/24/05~ Secretary _l -4- ORDINANCE NO. AN ORDINANCE ADDING CHAPTER 2.55 TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING THE CHULA VISTA REDEVELOPMENT CORPORATION TO SUPPORT THE PLANNING AND REDEVELOPMENT ACTIVITIES OF THE CITY AND THE CHULA VISTA REDEVELOPMENT AGENCY WITHIN DESIGNATED AREAS OF THE CITY WHEREAS, on February 3, 2004, the City Council and Redevelopment Agency directed staff and consultants to prepare an analysis and discussion paper on the creation of a non-profit corporation to assist the City in planning and redevelopment activities; and WHEREAS, two facilitated workshops were held on the formation of such a non- profit corporation; and WHEREAS, a report evaluating four corporate structural alternatives was prepared and presented to the City Council and Redevelopment Agency; and WHEREAS, on November 23,2004, based upon a staff report presented tc) the City Council which built upon the conclusions and reco=endations from the workshops, the City Council and Redevelopment Agency adopted a resolution: (i) authorizing the formation of a non-profit public benefit corporation for the purposes of conducting redevelopment and planning activities, (ii) directing staff to prepare the necessary legal documents for the formation of such a corporation, and (iii) appropriating an interim operating budget and compensation schedule for the corporation and its board of directors; and WHEREAS, it is in the best interest of the City to establish the purposes, powers, composition and operating rules and regulations of such non-profit corporation in the Chula Visa Municipal Code. NOW, THEREFORE, the City Council of the City of Chula Vista hereby ordains as follows: SECTION 1: Chapter 2.55 is hereby added to Title 2 (Administration and Personnel) of the Chula Vista Municipal Code, to read as follows: ,. Chapter 2.55 Chula Vista Redevelopment Corporation 2.55.010 Creation Authorized. The creation and formation of the Chula Vista Redevelopment Corporation is hereby authorized. 2.55.020 Purpose and Intent. It is the purpose and intent of the city council in establishing the Chula Vista Redevelopment Corporation to create a separate entity to serve as a resource to, and to advise and make recommendations to, the city council and redevelopment agency regarding planning and redevelopment of designated territories and areas of the city. The corporation shall assume certain powers and responsibilities with respect to planning and redevelopment that were previously delegated or assigned to the Chula Vista Redevelopment Agency and the planning and resource conservation commissions, and the design review committee, of the city. 2.55.030 Territory Subject to Corporation Activities. The corporation shall exercise its powers and functions over such territories or geographic areas of the city as the city council may uom time to time designate by resolution or ordinance. 2.55.040 Functions and Duties. The specific functions and duties of the corporation shall be as set forth in Sections 2.55.050 through 2.55.080, and in the corporation's bylaws approved by the city council, as such bylaws may uom time to time be amended in accordance with its procedures. 2.55.050 Previous Planning Commission Functions A. Legislative Activities. In addition to the exercise by the Planning Commission of advisory powers and functions with respect to legislative actions within its subject matter jurisdiction, the corporation shall review and make recommendations to the city council on all legislative planning items to the extent that the items relate to those geographic areas of the City that the city council designates as areas within which the corporation has the authority to exercise planning and redevelopment functions and within the Urban Core Specific Plan Area. These advisory powers and functions of the corporation shall be in addition to, and not in lieu of, the advisory powers and functions of the planning commission with respect to legislative planning matters. , B. Administrative Activities. The corporation shall assume the functions of the planning commission with respect to administrative and quasi- judicial items that relate to lands or uses within the geographic areas of the City that the city council designates as areas within which the corporation has the authority to exercise planning and redevelopment functions. Any action by the corporation under this paragraph shall be subject to appeal to the City Council pursuant to Chapter 19.12 or Chapter 19.14, as applicable, of the Municipal Code. 2.55.060 Previous Redevelopment Agency Functions. Notwithstanding any provisions of Chapter 2.24, the corporation shall have responsibility as follows: A. Recommendations. With respect to consideration of owner participation agreements, disposition and development agreements, and other approvals and agreements requiring expenditure of funds (other than solely the funds of the corporation), regulations, and other legislative functions or activities (such as eminent domain, issuance of bonds, and other financial transactions not involving solely the funds of the corporation) relating to lands or uses within those geographic areas of the City that the city council designates as areas within which the corporation has the authority to exercise planning and redevelopment functions, the corporation shall transmit a reco=endation on such matters to the 'redevelopment agency, or to the city council, as applicable. B. Approvals. Notwithstanding the provisions of2.55.060(A), with respect to consideration of exclusive negotiating agreements, replacement housing plans, and other approvals and agreements requiring expenditure of only the funds of the corporation, the corporation shall act on such items in accordance with the applicable provisions of the bylaws. In addition, the corporation shall assume the functions of the redevelopment agency with respect to administrative and quasi- judicial items relating to lands or uses within the geographic areas of the City that the city council designates as areas within which the corporation has the authority to exercise planning and redevelopment functions. Any action by the corporation pertaining to administrative and quasi-judicial items under this paragraph shall be subject to appeal to the City Council pursuant to Chapter 19.12 or Chapter 19.14, as applicable, of the Municipal Code. 2.55.070 Previous Resource Conservation Commission Functions Notwithstanding any provision of Chapter 2.32, the Chula Vista Redevelopment Corporation shall carry out the duties of the resource conservation commission within those geographic areas of the City that the city council designates as areas within which the Chula Vista Redevelopment Corporation has the authority to exercise planning and redevelopment functions. 2.55.080 Previous Design Review Committee Functions Notwithstanding any provision of Chapter 19.14, the Chula Vista Redevelopment Corporation shall carry out the duties of the design review committee within those geographic areas of the City that the city council designates as areas within which the Chula Vista Redevelopment Corporation has the authority to exercise planning and redevelopment functions. 2.55.090 Board of Directors' Membership. A. Number of directors. The board of directors of the corporation shall consist of nine (9) voting members, including five (5) "city directors" and four (4) "independent directors." B. City Directors. The five city directors shall be the five duly elected or appointed and qualified members of the city council then in office. C. Independent Directors. 1. The four independent directors shall consist of members of the public appointed to the corporation board of directors by majority vote of the city council for four (4) year staggered te=s, based upon the criteria and qualifications set forth in the corporation bylaws approved by the city council, as such bylaws may be amended from time to time. 2. The initial t=s of independent directors shall be for nominal periods of two and four years, commencing upon appointment and concluding for two independent directors on June 30th of the second year of the te=, and for the remaining two independent directors on June 30th of the fourth year of the t=, unless an independent director's office becomes vacant prior to the end of such initial te=. Thereafter, all independent directors shall serve for a te= of four years, concluding on June 30th of the fourth year of the te=, subject to removal or resignation pursuant to the corporation's bylaws. 3. Appointment of the independent directors to their initial nominal two-year and four-year te=s shall be as determined by the Bylaws. 4. By majority vote, the city council shall have the power to remove any independent director for any reason, to reappoint any independent director to a succeeding four-year te= without any limit on the number of terms served by such independent director, and to appoint any person meeting the criteria and qualifications set-forth in the corporation bylaws to a vacant independent director office. Subject to the City Council's power to remove an independent director, all directors of the corporation shall hold office until a successor has been appointed and quali:qed. 2.55.100 Operation of the Corporation. A. Time of meetings. The regular meetings of the corporation board of directors shall be held on the second and fourth Thursdays of each month, at B. Place of meetings. Unless the corporation shall otherwise establish a meeting place in accordance with its bylaws, the meetings of the corporation board of directors shall be held at 276 Fourth Avenue, in the City of Chula Vista. C. Notice of meetings. The meetings of the corporation board of directors, and notice thereof, shall be governed by the same rules and regulations by which the City Council is bound in the conduct of public meetings. D. Conduct of meetings. The conduct of meetings, including requirements for quorum, the vote required for passage of any motion, the means by which proposed actions are considered, and other matters, shall be undertaken in accordance with the bylaws approved by the city council, as such bylaws may be amended from time to time by the corporation board of directors. E. Board Operating Budget. The corporation shall annually prepare a proposed corporation board of directors operating budget, including but not limited to board director stipends, training, travel, membership, and miscellaneous expenses, and costs of audit. Upon approval by the corporation board of directors, the proposed budget shall be forwarded to the city council for consideration as part of the City's annual budget. F. Gifts and grants. Subject to approval by the City Council, the corporation may accept gifts and grants from any source to assist it in the performance of its functions. In the event that private funds or funds from other governmental agencies are made available for special projects, surveys, educational programs, or general program support, the corporation is authorized to enter into appropriate contracts for the utilization of such funds in furtherance for the purpose and intent of, and the duties of functions of, the corporation, subject to ratification of such contracts by the city council. 2.55.200 Director Compensation and Reimbursement. The city council may, by resolution, authorize and establish compensation to the board of directors of the corporation, and authorize the corporation to reimburse directors, officers and employees for actual, necessary and reasonable expenses, including mileage, incurred in the performance of their duties authorized, directed or approved by the corporation board of directors. PASSED AND ADOPTED this _ day of ,2005 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DESIGNATING TERRITORIES AND GEOGRAPHIC AREAS WITHIN THE CITY WITHIN WHICH THE CHULA VISTA REDEVELOPMENT CORPORATION HAS THE AUTHORITY TO EXERCISE PLANNING AND REDEVELOPMENT FUNCTIONS WHEREAS, by Resolution No. 2004-383, adopted on November 23, 2004, the City Council authorized the creating of the Chula Vista Redevelopment Corporation ("Corporation") as a tax exempt, non-profit corporation for purposes of conducting redevelopment and planning activities within designated areas of the City, and directed Staff to prepare the necessary legal documents for the fo=ation of the Corporation; and WHEREAS, on ; 2005, the City Council approved the fo= of the Articles of Incorporation and Bylaws of the Corporation, and adopted Ordinance No. --' establishing the Corporation to support the planning and redevelopment activities of the City and the Agency, and setting forth the specific functions of the Corporation. NOW, THEREFORE, the City Council of the City of Chula Vista hereby resolves as follows: SECTION I: The Chula Vista Redevelopment Corporation shall have jurisdiction to exercise planning and redevelopment functions in accordance with Chapter 2.55 of Title 2 (Administration and Personnel) of the Chula Vista Municipal Code, with respect to the following territories and geographic areas of the City: (a) All territories within the boundaries of the Redevelopment Agency's adopted redevelopment proj ect areas. (13 )fJI territories withffi the study area of the U-r13an Core Specific Plan. SECTION 2: The City Council retains the discretion to modifY or augment the territories and geographical areas set forth in Section I, at any time. PASSED AND ADOPTED this day of ,2005. <' 1311023920-0001 585546.01a05124/05~ c .... en > c - :) .c: U .... o >- .... e_ U o w "':0 wo ~<( I- Zw U -W:I: W I-UI- (3 ~ZO ~ 3::>Z 0.. :I:><( 1-0_ 1-":;)1-- ZW W wOO >' ~ <:;)cnWI- <:;..... '..... Z O"UI-.....w 9~~:;ucn >cn~>z<( ~~~~o~~ ~<(/:Q I- RESOLUTION NO. 200S-_ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITYOF CHULA VISTA AMENDING RESOLUTION NO.1 WHICH ADOPTED CERTAIN RULES AND REGULATIONS FOR SAID REDEVELOPMENT AGENCY Whereas, on October 30, 1973 the Redevelopment Agency adopted resolution 7061 directing the City Manager to formulate the rules and regulations for the operation of the Agency; and Whereas, on January 22, 1974, the Redevelopment Agency of the City of Chula Vista adopted Resolution Number 1 adopting certain Rules and Regulations for the Redevelopment Agency pursuant to the direction of section 33126 of the Health and Safety Code of the State of California; and Whereas the Agency has determined certain changes need to be made to the Rules and Regulations; and Whereas, the Rules and Regulations shall be amended to have the Executive Director of the Agency appointed by the Agency and an employee of the Agency. Now therefore be it resolved the Redevelopment Agency of the City of Chula Vista hereby amends Exhibit A of Resolution Number 1 as follows: Article II - Officers 01 W-Officers - The officers of the Agency shall be the Chairman !!Rei The Executiye Director who shall be the Mayor and the Executive DirectorCity Maaag;er of the City of Clmla Vista, respectively,. The Executive Director shall be appointed bv a majority of the Members of the Agencv. an44J:he terms of office for the Chairman shall correspond with the period of time that the Mayor afld City Maaager areis in the service of the citizens of the City of Chula Vista. The Executive Director shall serve at the will of the maiority of the Members of the Agencv. Executive Director mav be removed bv a maiority vote of the Members of the Agencv. Article III - Personuel 01 Agency Powers - The Executive Director of the Agencv shall be an emplovee of the Agencv whose salary and benefits shall be set bv resolution approved bv a maioritv of the members of the Agencv. Signature Page to Follow Presented by: LAURIE MADIGAN DIRECTOR OF COMMUNITY DEVELOPMENT Approved as to fonn by: ANN MOORE CITY ATTORNEY AND AGENCY COUNSEL