HomeMy WebLinkAboutAgenda Packet 1991/01/22
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Tuesday, January 22, 1991
6:00 p"m"
the, "
vii,::: ,."I/t&jqt
Regular Meetins;:
CAlL TO ORDER
1.
ROll CAlL:
Councilmembers Malcolm _, Moore -' Nader _, Rindone _ and
Mayor McCandliss _'
2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
None
4. SPECIAL ORDERS OF THE DAY:
a. Recommendation: (1) Declare the Office of Mayor vacant due to the passing of Mayor
Gayle McCandliss; (2-A) Deliberate on either appointing a successor or calling a special
election; or (2-B) Set a time at a public meeting within 30 days at which to so deliberate.
b. Announcement concerning the storm drain fee which had been noticed for this meeting.
The item has been continued to a future date, and those people who came to speak on the
matter are requested to leave their phone number with the City Clerk, and they will be
notified of the public hearing on this item. If those people wish to address the item tonight,
they are invited to do so under oral communications.
c. Proclaiming the week of January 20 through 26, 1991 as Kiwanis Week.
CONSENT CALENDAR
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the
Council by one motion without discussion unless a Councilmember or a member of the publif: requests that the
item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form"
available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in
favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.)
Any items pulled from the Consent Calendar will be discussed under the subsequent agenda item entitled "Items
Pulled from the Consent Calendar. "
S. WRITTEN COMMUNICATIONS:
a. Request Council retain existing senior resident rates for golf at the municipal golf course.
Alvem Toso, 207 San Miguel Drive, Chula Vista, 91911.
b. Requesting City participation in implementing and enforcing transportation control
measures - San Diego County Board of Supervisors, 1600 Pacific Highway, San Diego, CA,
92101
AGENDA
.2.
January 22, 1991
c. Claim against the City. George Gerber, C/O Michael Murphy, Esq., Law Offices of Murphy
& Daley, 535 "H" Street, Chula Vista, CA 91910.
d. Request to have street improvement assessment deferred. Ada Wade, 51 East Oxford Street,
Chula Vista, CA, 91911
e. Request support by written communication regarding application for Sister Cities
International Kellogg Grant. International Friendship Committee
6. ORDINANCE 2434 AMENDING SECTION 2.52.040 OF THE CHUIA VISTA MUMClPAL CODE
TO CLARIFY THE STATUS OF LEGAL DEFENSE FUND CONTRIBUTIONS
(second readin~ and adoption) . Staff recommends Council place ordinance
on second reading and adoption. (City Attorney)
7. ORDINANCE 2437 REVISING THE CHUIA VISTA WOODS SEWAGE PUMP STATION
MAINTENANCE CHARGE ORIGINAlLY SET BY ORDINANCE 2181 (second
readin~ and adoption) . On 1/6/87, Council adopted Ordinance 2181
which established a special sewer service rate area for the Chula Vista
Woods Subdivision. This ordinance set a rate of $4.50 per month per
household to be paid for the maintenance of a temporary sewage pump
station. Additional homes have subsequently connected to the pump
station and the amount which should be payable by each household has
decreased as a result of these connections. Staff recommends that Council
place ordinance on second reading and adoption. (Director of Public
Works)
8. ORDINANCE 2416 AMENDING SECTIONS 2.04.020 AND 2.04.090 AND REPEAllNG SECTION
2.04.050, 2.04.480 AND 2.04.590 OF THE CHUIA VISTA MUMClPAL
CODE RElATING TO COUNCIL MEETINGS, NOTICE AND COMPENSATION
(first readin~) - At one of its December 1990 meetings, Council discussed
the possibility of making Council Conferences full meetings for all purposes
so that Council could take action. The issue was referred to staff for
preparation of an appropriate change to the ordinance. Review of Chapter
2.04 of the Municipal Code revealed other technical changes with which
the Council has been concerned relating to the beginning of public
hearings and two sections which are historic anomalies. The proposed
ordinance will make the Council Conference on the fourth Thursday of
each month a regular meeting for all purposes. It will also direct staff to
set matters for the beginning of the meeting at which a public hearing will
be considered in notices of public hearings and to repeal the compensation
sections which are no longer necessary to the Charter provisions
controlling Mayor and Council salaries. Staff recommends that Council
place the ordinance on first reading. (City Attorney) Continued from the
1/8/91 meeting.
9. RESOLUTION 16000 APPROVING THE ESTOPPEL CERTIFICATE FOR TERRA NOVA
ASSOCIATES FOR THE WOODCREST TERRA NOVA PROJECf LOCATED
AT HIDDEN VISTA DRIVE AND RIDGEBACK ROAD. In September 1989,
the City entered into a development agreement with Terra Nova Associates
AGENDA
.3.
January 22, 1991
for an 86-unit residential subdivision development. The certificate clarifies
the provisions and responsibilities of the agreement as they apply to the
lender and lender's successors and assigns. Staff recommends approval of
the resolution and authorize the Mayor/City Manager to execute the
certificate. (City Manager)
10. RESOLUTION 16021 AMENDING RESOLUTIONS 15823 AND 15825 TO PLACE THE BUDGET
OFFICER IN EXECUTIVE MANAGEMENT SALARY BAND "E-2" . The City
Manager is in the process of filling the Budget Officer position and has
determined that the salary and benefit level should be adjusted prior to
appointment of the position. Staff recommends approval of the resolution.
(City Manager)
11.A. RESOLUTION 16022 APPROVING THE FINAL MAP AND SUBDMSION IMPROVEMENT
AGREEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT FOR CHUIA VISTA TRACf 88-3, EASTLAKE GREENS UNIT
8. On 7/25/89, Council approved the Tentative Subdivision Map for Chula
Vista Tract 88-3, Eastlake Greens. The final map and associated
agreements for Unit 8 are now before Council for approval. Staff will
provide its recommendation as to whether Council approve the final map
at the meeting. (Director of Public Works)
B. RESOLUTION 16023 APPROVING AN AGREEMENT WITH THE DEVELOPER OF EASTLAKE
GREENS UNIT 8 SUBDMSION NEEDED TO SATISFY TENTATIVE MAP
CONDITIONS OF APPROVAL NO. 30, 31(C), AND 80
12.A. RESOLUTION 16024 APPROVING FINAL MAP AND ASSOCIATED SUBDMSION IMPROVEMENT
AGREEMENT FOR CHUIA VISTA TRACf 89-8, WOODCREST
SOUTHWESTERN AND AUTHORIZING THE MAYOR TO EXEClJTE SAID
AGREEMENT. On 9/26/89, Council approved the Tentative Subdivision
Map for Chula Vista Tract 89.8, Woodcrest Southwestern. The final map
and associated agreement for this subdivision are complete and are now
before Council for approval. Staff recommends approval of the resolutions.
(Director of Public Works)
B. RESOLUTION 16025 ACCEPTING THOSE PORTIONS OF LOTS 108 AND 109 OF MAP 10245
RESERVED FOR FUl1JRE STREET AND OFFICIAlLY NAMING TIIEM
"WOODCREST STREET"
13. RESOLUTION 16026 EXTENDING THE CITY OF CHUIA VISTA AGREEMENT WITH WILIJAM R.
DOTSON FOR MANAGEMENT SERVICES IN THE REVIEW AND
PROCESSING OF FREEWAY INTERCHANGE DESIGNS - The City is
currently utilizing the services of William R. Dotson to aid staff in
evaluating and coordinating with CalTrans various freeway interchange
design concepts. The consulting services were necessary to enhance our
ability in obtaining CaITrans design approval of necessary freeway
interchange improvements leading to early scheduling of these freeway
AGENDA
.4-
January 22, 1991
interchange improvement projects. Staff recommends approval of the
resolution extending the City's agreement with William R. Dotson to
12/31/91, and authorize the Mayor to execute said extension. (Director
of Public Works)
14. RESOLUTION 16027 APPROVING AGREEMENT FOR GROWTH MANAGEMENT LEGAL
SERVICES AND APPROPRIATION OF FUNDS THEREFOR - On 8/4/90,
Council reviewed the draft Growth Management Program and authorized
staff to complete the public review and preparation of the necessary
ordinance for public hearings. During staffs work on the final drafts, it
became apparent that due to the variety and complexity of legal issues,
staff needed outside legal expertise to assist in the preparation of the draft
ordinance. Staff recommends approval of the resolution. (Director of
Planning) 4/5's vote required
15. REPORT ON EARLY ACCEPTANCE OF DISCOVERY PARK - In the FY 90,91 budget
Council appropriated funds to assume the maintenance responsibilities of
Discovery Park beginning 4/1/91. Discovery Park is a 14.5 acre turn-key
park developed by McMillin to meet the Park Ordinance requirement in
Rancho Del Rey I. Originally, the park was scheduled to be accepted in
9/90, however, with various construction delays, the one-year maintenance
period did not begin until 6/90 even though the park was completed
several months prior. McMillin Development has requested the City to
assume maintenance responsibilities on 2/1/91 and are willing to
reimburse the City for this additional expenditure. Staff recommends
Council accept the report and approve the resolution. (Director of Parks
and Recreation) 4/5's vote required
RESOLUTION 16028 APPROPRIATING FUNDS TO THE FY 1990-91 PARK MAINTENANCE
DMSION BUDGET FOR MAINTENANCE OF DISCOVERY PARK
16. RESOLUTION 16029 APPROVING THE DESIGN OF THE EASTLAKE COMMUNITY CENTER - As
part of the requirements for Eastlake Greens, Eastlake Development will be
constructing a community park. Within this community park will be a
multi.purpose community center which will also be constructed by the
developer. Staff has been working with the developer on the design for
this multi.purpose facility. Staff recommends approval of the resolution.
(Director of Parks and Recreation)
17. RESOLUTION 16030 APPROVING A REVISED MASTER PLAN FOR EASTLAKE COMMUNITY
PARK ' Eastlake Community Park will be a multi.purpose park facility
constructed by Eastlake Development as part of the requirements for
Eastlake Greens. The project is being designed by the landscape architect
firm of Wimmer Yamanda & Assoc. (WYA, prime consultant) and the
architectural firm ofDelawie Bretton Wilkes Assoc. (DBW, sub.consultant).
The initial Park Master Plan was presented to and approved by Council on
7/20/89. Since that time, engineering of Eastlake Parkway and the
Eastlake High School site has resulted in a decrease in the overall size of
the park from the original 15.0 acres to the current total of 12.9 acres.
AGENDA
.5-
January 22, 1991
Because of the decreased park size, some refinements to the original Master
Plan are proposed. Staff recommends approval of the resolution. (Director
of Parks and Recreation)
18. RESOLUTION 16031 APPROVAL OF APPRAISAL AND SALE OF PROPERTY, An independent
land appraiser was hired by the City to obtain the market value of open
space property deemed eligible for sale under the City's "Grading Deviation
Policy". Staff recommends approval of the resolution. (Director of Parks
and Recreation)
19. RESOLUTION 16032 APPROVING THE INSTALLATION OF SECURlTY FENCING FOR THE
EMPLOYEE PARKING AREA AND APPROPRIATING $26,593 - Staff is
concerned with the security of vehicles in the employee parking area.
Vehicle thefts and vandalism caused the Fire Department's Quality of Work
Life Committee and the Police Officer's Association to request installation
of a security fence surrounding the employee lot. The fence will include
an electronically controlled gate. Staff recommends Council approval of
the resolution. (Fire Chief)
20. REPORT ON ALTERNATIVES WHICH WIll REMOVE CERTAIN DESIGNATED
ROUTINE MATTERS FROM THE AGENDA - Various members of Council
are concerned about the length of public agendas, and the consumption of
time at public meetings with relatively routine matters, delegation of which
may be made easily and conveniently transferred to staff. The following
resolutions are designed to achieve agenda reduction through delegation
of certain matters to the City Attorney and to the City Manager. Staff
recommends approval of the resolutions. (City Attorney)
RESOLUTION 16033 AUTIiORIZING THE CITY ATTORNEY TO PROVIDE AMICUS SUPPORT,
WITH INFORMATIONAL MEMORANDUM TO THE COUNCIL
RESOLUTION 16034 AUTIiORIZING CITY MANAGER TO ACKNOWLEDGE COMPLETION OF
PUBIJC WORKS PROJECTS AND WORKS OF IMPROVEMENT, WITH
INFORMATIONAL MEMORANDUM TO THE COUNCIL
21.
REPORT
REGARDING ENFORCEMIINT OF MOVIE RATINGS IN THE CITY OF
CHUIA VISTA - At its 12/4/90 meeting, Council requested that staff review
the current enforcement efforts regarding movie ratings. This request was
prompted by a letter from the City of La Mesa which urged that Council
sent a Jetter to all local theaters requesting their enforcement of movie
ratings. Staff recommends that no further action be taken at this time.
(City Attorney)
22.
REPORT
ON GRANT APPIJCATION FOR CAIJFORNIA IJBRARY CONSTRUCTION
AND RENOVATION BOND ACfS FUNDS AND REVIEW OF CONCEPTUAL
PLANS FOR A 35,000 SQUARE FOOT IJBRARY AT FOURTH AND ORANGE
AVENUES. Staff recommends Council accept the report. (Library Director)
AGENDA
,6,
January 22, 1991
23.
REPORT
REGARDING THE RESULTS OF THE CALTRANS PROJECf STUDY REPORT
OF THE BONITA ROAD/I-80S INTERCHANGE - In response to proposed
development in the interchange area, the City and the County provided the
information necessary for CaITrans to conduct a project study report to
determine acceptable alternatives for improvement of the Bonita Road/I,
805 interchange and to prepare rough cost estimates for each alternative.
This report presents the alternatives considered, the conclusions reached,
and the recommendations proposed by CalTrans as a result of that study.
Staff recommends Council accept the report and the recommendations of
CaITrans which indicate that major improvement ofthe Bonita Road/I-80S
Interchange would not be cost effective and direct staff to notify the
County of San Diego that Chula Vista is no longer interested in pursuing
the purchase of County Surplus Parcel #8s.0046,A. (Director of Public
Works)
24.
REPORT
ON CHUIA VISTA TRANSIT (CVT) STUDY - This report presents the Chula
Vista Transit Study conducted by the Metropolitan Transit Development
Board. The study was accepted by the MTD Board on 12/13/90 and
referred to the City for consideration. Staff recommends that Council: (1)
accept the Chula Vista Study; (2) authorize staff to hold an information
meeting on the study to solicit public comments; and (3) direct staff to
bring the study back to Council for consideration and adoption in concept.
An approval of Phase I recommendation to be implemented in FY 1991-92.
(Director of Public Works)
25.
REPORT
REGARDING PEDESTRIAN CROSSING AT HIllTOP DRIVE AND
TELEGRAPH CANYON ROAD - On 1/8/91, staff was directed by Council
to return with other alternatives for pedestrians crossing the subject
intersection. Staff has met with school representatives and Mrs. English to
discuss possible alternatives. Staff will be making some changes to school
signs in the vicinity and recommending to the Safety Commission that an
adult crossing guard be established. Staff recommends Council accept the
report. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RElATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as publif: hearings as required by law. If you wish to speak
to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City Clerk prior
to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individuaL
26.
PUBUC HEARING
REGARDING THE ENACfMENT OF AN ORDINANCE ESTABUSHING A
STORM DRAIN FEE - On 12/8/88, the United States Environmental
Protection Agency (EPA) proposed regulations for the issuance of National
Pollutant Discharge Elimination System (NPDES) permits to regulate storm
water discharge into the waters of the United States. The final version of
AGENDA
.7-
January 22, 1991
these regulations was issued on 11/16/90. These permits will require
agencies discharging storm water into the waters of the United States to
develop management programs for the purpose of controlling pollutants.
The proposed Storm Drain Fee will pay for the establishment and
implementation of said programs. Fee collection is proposed to commence
on July 1, 1991. Staff recommends Council place ordinance on first
reading. (Director of Public Works)
ORDINANCE 2438
ENACTING A STORM DRAIN FEE AND ADDING CHAPTER 3.10 TO THE
CITY CODE (first readin~)
27. PUBUC HEARING REGARDING SELECTION OF SOUD WASTE FAClUTYSITING PROCEDURE
AS REQUIRED BY AB2296 . Recommended by the San Diego County
Integrated Waste Management Task Force to designate the Board of
Supervisors and cities with a majority of the population for the review and
approval process of small material recovery facilities/transfer stations until
the new AB939 Countywide Integrated Waste Management Plan is
approved. Staff recommends approval of the resolutions. (City Manager)
A. RESOLUTION 16035 SPECIFYING THE REVIEW AND APPROVAL PROCESS FOR SITING SOUD
WASTE TRANSFER FACIUTIES WHICH RECOVER FOR REUSE OR
RECYCUNG LESS THAN 15 PERCENT OF THE TOTAL VOLUME OF
MATERIAL RECEIVED AND WHICH SERVE ONLY ONE JURISDICTION
B. RESOLUTION 16036 SPECIFYING THE REVIEW AND APPROVAL PROCESS FOR SITING SOUD
WASTE TRANSFER FAClUTIES WHICH RECOVER FOR REUSE OR
RECYCUNG LESS THAN 15 PERCENT OF THE TOTAL VOLUME OF
MATERIAL RECEIVED AND WHICH SERVE MORE THAN ONE
JURISDICTION
28. PUBUC HEARING ASSESSMIINT DISTRICf NO. 90-3 - EASTIAKE GREENS - PHASE I - On
12/18/90, Council adopted the resolution of intention to order the
acquisition and financing of certain infrastructure improvements in the
Greens and surrounding areas of the Eastlake Development pursuant to the
Municipal Act of 1913 and Ordinance 2397, and set a public hearing for
1/22/91. All owners of property within the proposed assessment district
have been mailed a notice of the public hearing including the proposed
assessment of their land. Staff recommends approval of the resolutions.
(Director or Public Works)
A. RESOLUTION 16037 ORDERING CERTAIN CHANGES AND MODIFICATION TO THE
ENGINEER'S REPORT IN ASSESSMIINT DISTRICf NUMBER 90-3
B. RESOLUTION 16038 CONFIRMING THE ASSESSMIINT, ORDERING THE IMPROVEMENTS
MADE, TOGETHER Willi APPURTENANCES, AND APPROVING THE
ENGINEER'S "REPORT" FOR ASSESSMIINT DISTRICf NO. 90-3
C. RESOLUTION 16039 APPROVING CONTRACTS FOR OWNERSHlP OF UTIUTYIMPROVEMENTS
FOR ASSESSMIINT DISTRICf NO. 90-3
AGENDA
.8-
January 22, 1991
29.
PUBUC HEARING
THECOMMUNITYDEVELOPMENTBLOCKGRANTPROGRAM,INCLUDING
PROPOSED REVISIONS TO THE 1990-91 FINAL STATEMENT AND AN
APPUCATION TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR A SECTION 108 LOAN GUARANTEE. On 12/18/90,
the City awarded the contract for the Norman Park Senior Center
renovation to Davidson Construction for $2.3 million. At that time, the
City directed staff to initiate an application to HUD for a Section 108 loan
guarantee of $750,000. The loan guarantee is needed to fund part of the
cost of the construction. Approval of the loan will take approximately
three months. Staff recommends approval of the resolution. (Director of
Community Development)
RESOLUTION 16040 APPROVING REVISIONS TO THE 1990-91 COMMUNITY DEVELOPMENT
BLOCK GRANT FINAL STATEMENT AND APPROVING SUBMITTAL OF AN
APPUCATION TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR A SECTION 108 LOAN GUARANTEE
OTHER BUSINESS
30. ORAL COMMUNICATIONS. this is an opportunity for the general public to address the City Council on
any subject matter within the Council's jurisdiction that is not an item on this agenda. (State law,
however, generally prohibits the City Council from taking action on any issues not included on the posted
agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to
Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to
the meeting. Oral Communications are limited to three minutes per individual.
31. ITEMS PULLED FROM THE CONSENT CALENDAR . this is the time the City Council will discuss items
which have been removed from the Consent Calendar. Agenda items pulled at the request of the public
will be considered prior to those pulled by Councilmembers. Public comments are limited to five minutes
per individual.
32. CITY MANAGER'S REPORTfS)
a. Scheduling of meetings.
33. MAYOR'S REPORTfS)
34. COUNCIL COMMENTS
a. Councilman Malcolm:
1. Trash Rates
2. Rohr Park Trees
3. Mayor McCandliss Memorial
AGENDA
-9.
January 22, 1991
35. BOARD AND COMMISSION RECOMMENDATIONS
Parks and Recreation Commission Recommendation:
Regarding Fourth and Orange
Avenue Park/Library Site
ADJOURNMENT
The City Council/Redevelopment Agency will meet in a closed session immediately following the Council
meeting to discuss:
Potential acquisition of property pursuant to Government Code Section 54956.9 ' 341 Orange
Avenue; Missionary Church of Chula Vista, owner. (City Council).
Potention acquisition of property pursuant to Government Code Section 54956.9 - 4705 OtayValley
Road (Jimmie and Judi Shinohara, owners). (Redevelopment Agency)
The meeting will adjourn to an Adjourned Regular City Council Meeting (Council Conference) on January
24, 1991 at 4:00 p.m. in the City Council Conference Room.
COUNCIL AGENDA STATEMENT
Item
t&
Meeting Date 1/22/90
ITEM TITLE:
Special Orders of the Day: Recommendation: (1)
Declare the Office of Mayor vacant due to the
passing of Mayor Gayle McCand1iss; (2-A)
Deliberate on either appointing a successor or
calling a special election; or (2-B) set a time at
a public me~'ng within 30 days at which to so
deliberate.
City Attorne jcity Clerk~
SUBMITTED BY:
RECOMMENDATION: (1) It is recommended that the city Council
declare the Office of Mayor vacant; (2) The Council can
deliberate on either appointing a successor or calling a special
election or set a time when Council can deliberate.
The first action the City Council must take is to declare the
Office of Mayor vacant. A thirty day period follows in which the
ci ty Council can either appoint a successor or call a special
election. If the Council calls a special election or allows the 30
elapse without appointment, the special election must be held at
the next scheduled election date which would be Tuesday, June 1991.
The Registrar of Voters has informed us that the cost of a special
election would be based on an estimated 56,000 registered voters.
There are two options available:
1. An election with pollinq places: estimated at $2.00 per
registered voter or $112,000.
2. A mail ballot: approximately 25% less or $84,000.
Martin and Chapman was also contacted for an estimate. They had
recently conducted a special election for a city in Los Angeles
County with 55,000 registered voters. The cost of that election
was approximately one half of what the Registrar of Voters has
quoted.
10..-1
/j;;z 17/
CROSSROADS
lJl
RESIDENTS WORKING TO KEEP CHULA VISTA A NICE PLACE TO LIVE
Carol Freno
President
Bill Robens
Vice-President
January 22, 1991
Will Hyde
Treasurer
Mr. Mayor, Councilmen, City Staff and members of the
community:
Members
Lowell Blankfort
Alan Campbell
CROSSROADS wishes to express the most sincere sympathy to
William Cannon
the family of Mayor Gayle McCand1iss and to you for the loss
Jennie Fulasz
of a caring community leader and a dear friend.
George Gillow
Last March we greeted Gayle's mayoral candidacy announcement
Jerry Griffilh
Tom Pasqua
on that sunny Spring day with pleasure and high hopes for
Frank Scott
her agenda for this City. But, sadly, there were no
Peter Watry
miracles nor magic potions to alter the framework of her
Cary Wright
destiny and we have come to the winter of our discontent
and sorrow.
This room is full of memories of Gayle. We will cherish
those memories and hope that decisions made in this room
will reflect Gayle McCand1iss's viewpoint and her vision
for Chuls Vista.
Thank you.
~~~
Carol Freno
President
P. O. Box 470 . Chula Vista, CA. 92012 . phone 422,3773
COUNCIL AGENDA STATEMENT
Item
'-Ie
Meeting Date 1/22/91
ITEM TITLE: Proclamation - Proclaiming the Week of Jan 20-26, 1991 as
"KIWANIS CLUB INTERNATIONAL WEEK"
SUBMITTED BY: Leonard M.
Moor~~nci1m~/5ths Vote: Yes_ No xx)
The proclamation declaring the week of January 20-January 26, 1991 as
"KIWANIS CLUB INTERNATIONAL WEEK" will be presented by Mayor pro Tempore
Leonard M. Moore to Charles Ward, President of the Chula Vista Kiwanis
Club and John Kracha (krachee) of Kiwanis Club of Chula Vista-Castle Park.
'Ie-I
PROCLAIMING THE WEEK OF JANUARY 20 THROUGH JANUARY 26, 1991 AS
"KIWANIS CLUB INTERNATIONAL WEEK"
IN THE CITY OF CHULA VISTA, CALIFORNIA
WHEREAS, this year marks the seventy-sixth anniversary of
the Kiwanis Club International which was established on
January 22, 1915; and
WHEREAS, Kiwanis Club International is composed of 324,724
members from sixty-nine nations; and
WHEREAS, the Kiwanis Club of Chula Vista was chartered in
May of 1950 and the Castle Park Kiwanis Club was chartered in
November of 1988; and
WHEREAS, through the years, these organizations have
demonstrated an acceptance of responsibility in the social growth
of this community by giving over 2,456 of volunteer time and
services through projects such as the Miracle Mile of Quarters
for Childrens' Hospital and Special Olympics:
NOW, THEREFORE, I, LEONARD M. MOORE, Mayor pro Tempore of
the City of Chula Vista, California, do hereby proclaim the
week of January 20 through January 26, 1991 as "KIWANIS CLUB
INTERNATIONAL WEEK" in the City of Chula Vista, California and
commend the Kiwanis Clubs and its members for contributing
strong leadership, personal service and monetary assistance.
yc.. fl.,
January 18, 1991
TO:
FROM:
The Honorable Mayor and City Council
George Krempl, Deputy City Manager ~
SUBJECT:
City Council Meeting of January 22, 1991
This will transmit the agenda and related materials for the regular City
Council meeting scheduled for Tuesday, January 22, 1991. Comments regarding
..Written Communications are as follows:
5a. This is a request from Alvern G. Toso regarding senior resident rates
for golf at the municipal golf course. This letter was received
by the Parks and R~creation Commission at their January 17 meeting,
at which time the Commission deferred action until their Februar'l
meeting. IT IS RECOMMENDED THAT THIS LETTER BE ACKNOWLEDGED. .
5b. This is a request by the County Board of Supervisors Chairman, Leon
Williams, to delay adoption of an ordinance implementing SANDAG's
Transportation Management Program. The regional Air Pollution Control
Baord is scheduled to develop their own additional control measures
for air quality this Spring. IT IS RECOMMENDED THAT THE MAYOR DIRECT
A LETTER TO CHAIRMAN WILLIAMS THAT WE BASICALLY CONCUR. Chula Vista
is evaluating the SANDAG proposal and it is premature to adopt the
ordinance at this time.
5c. IT IS RECOMMENDED THAT THE CLAIM FILED ON BEHALF OF MR. GEORGE GERBER
BE DENIED.
5d. This is a letter from Mrs. Ada Wade requesting deferral o~.an assessment
for pending improvements to her property at 51 East Oxford Street
due to financial hardship. WE RECOMMEND THAT THIS BE REFERRED TO
STAFF TO WORK IIITH MS. WADE ON A POSSIBLE SOLUTION AND TO SO ADVISE
HER BY LETTER.
5e. The International Friendship Commission is requesting City support
for a grant application they are making. Th~ grant, a Kellogg grant
for youth exchanges, is approved by Sister Cities International.
IT IS RECOMMENDED THAT A LETTER BE SENT BY THE COUNCIL UNDER THE
MAYOR'S SIGNATURE INDICATING SUPPORT FOR THE FRIENDSHIP COMMISSION'S
APPLICATION.
GK:mab
Chula Vista
January 15, 1991
RECEIVED
"91 JAN 15 mQ:52
City of Chula Vista
Council Members Moore,
Malcolm,
Nader,
Rindone.
CITY OF CHU' ~ 'ii""C.
CITY Cl "R .. ~- hj t...
<.t K'$ OfFIC(
Gentlemen:
A rumor is circulating that American Golf is again proposing
another fee increase at our municipal course" The ink is hardly
dry On the last rate change.
Interestingly, San Diego senior residents play the Balboa and
Torrey Pines courses at fees lower than those charged here in Chula
Vista under existing rates"
Please, Council members, retain existing senior residffi t
rates for golf at our course"
Respectfully , ~"
.J 7 (')
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AlveI'll G" Toso 0---<-(/
207 San Miguel Drive
Chula Vista, Ca" 91911
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NATIONAL & STATE BOARDS:
NATIONAL ASSOCIATION OF
COLTNTIES
COUNTY StlPERVISORS ASSOCIATION
OF CALIFORNIA
SOlrrHERN CALIFORNIA HAZARDOUS
WASTE MANAGEMENT AUTHORITY
REGIONAL BOARDS:
METROPOLITAN TRANSIT
DEVELOPMENT BOARD
SAN DIEGO WATER AUTHORITY
WATER RECLAMATION
ADVISORY COMMITTEE
REGIONAL TASK FORCF
ON THE HOMELESS
CITY / COllNTY REINVESTMENT
TASK FORCE
PRIVATE INDUSTRY COUNCIL
REGIONAL EMPLOYMENT
TRAINING CONSORTIUM
PULICY BOARD
SERVICE AUTHORITY FOR
FREEWAY EMERGENCIES
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SAN DIEGO COUNTY BOARD OF SUPERVISORS
LEON L. WILLIAMS, CHAIRMAN
January 7, 1991
@
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.MN I 4 1991
Mayor Gayle McCandliss
City of Chula Vista
276 Fourth Avenue
P.O. Box 1087
Chula Vista, CA 92012
TV COUNCIL OFFICES
CHUlA VISTA, CA
Dear Mayor McCandliss:
TRANSPORTATION CONTROL MEASURES
As you know, regional efforts have been underway to address
increasing traffic on our highways that not only affects mobility and
congestion, but also is the major reason for our inability to attain Clean
Air standards in San Diego. In the past, transportation and air quality
programs have not been adequately integrated. As a result, the
California Clean Air Act enacted in 1988 requires the County Board of
Supervisors, acting as the regional Air Pollution Control Board, to
adopt, implement and enforce regional transportation control measures
to meet air quality standards. These measures will also address
congestion. To meet that responsibility, the Air Pollution Control Board
took a number of actions on December 4, 1990.
As required by the California Clean Air Act, the Board released draft
criteria for public review to guide the development of regional
transportation control measures by the San Diego Association of
Governments (SANDAG). Public workshops will be held over the next
two months and final criteria will be considered and adopted in March.
A notice of the first workshop on January 17 has been mailed to the
cities, SANDAG, and other affected and interested parties. Participation
by representatives from your City is encouraged.
As you may know, on November 16, 1990, SANDAG adopted a
regional Transportation Demand Management Program and will be
asking the cities and the County to adopt ordinances implementing that
program. I think it is important to advise you that the Air Pollution
Control Board has neither reviewed nor adopted the SANDAG Program
as a part of the Air Quality Strategy and has directed staff to report in
January 1991, on the differences between the SANDAG Program and
the draft Transportation Control Measure criteria released by the Board.
The staff has also been directed to propose an appropriate regional
regulation in March, along with the proposed final criteria. A District
regulation implementing the revised Program could be adopted as early
as May 1991, and shortly after that, implemented regionally by the
District, or delegated to those cities requesting it and meeting the
delegation requirements of the California Clean Air Act.
56-/
\i"',~~J;:' ~ ~ ..J ~. ~~-~ ".J,<~~';.~~~ .t.'8'G'<~}:Z<jS
1600 PACIFIC HIGHWAY. SAN DIEGO. CALIFORNIA 92101 . (619) 531-5544
2
Since the December 4 Air Pollution Control Board meeting, the Technical Subcommittee of the
Transportation Demand Management Policy Advisory Committee that recommended SANDAG
adopt the program, indicated concerns that have yet to be addressed. The Program was
adopted without the Subcommittee having completed its review. At its meeting, on December
12, the Technical Subcommittee recommended against adopting an ordinance implementing the
SANDAG Program and has scheduled meetings to address the issues.
Given the problems with the SANDAG Program and that there will likely be a regional
regulation to reduce both air pollution and congestion around May 1991, it seems premature to
adopt the SANDAG Program as currently structured.
Sincerely,
/------
5b-7-
COUNCIL AGENDA STATEMENT
Item :7C
Meeting Date 1/22/91
ITEM TITLE:
Claim Against the city
SUBMITTED BY:
Director of personnel(?~
(4/5ths Vote: Yes
No1-)
Claimant:
,'1
City Manager:1i
V
Mr. George Gerber
c/o Michael Murphy, Esq.
Law Offices of Murphy & Daley
Attorneys at Law
535 "H" street
Chula Vista, CA 91910
REVIEWED BY:
On December 18, 1990, a claim within the jurisdiction of the
Superior Court was filed against the city of Chula vista, by Mr. George
Gerber, in connection with the death of his daughter, virginia Gerber, on
September 21, 1990. Ms. Gerber sustained fatal injuries after being
broadsided by a vehicle when she attempted to make a right turn from her
apartment complex driveway on East Flower street. The claim alleged that
the City created a dangerous condition in regard to the posting and/or
removal of no parking signs; failed to provide warnings, and allowed sight
problems to restrict visibility, etc.
Due to remote liability on the part of the City, it is the recommen-
dation of our attorneys, Daley & Heft, Risk Management, and our claims
administrators, Carl Warren & Company, that this claim be denied.
RECOMMENDATION: The above claim be denied.
J
5C-/
Form A-113 (Rev. 11/79)
rn ~@~~wrn 001
JAN I 7 1991
I
51 East Oxford S CITY COUNCIL OFFICES
., CHULA VISTA, CA
Chula Vista, Ca. 91911
Jan. 14, 1991
RE: Proposed Street Improvements
51 E. Oxford St., Chula Vista
Assessment 1115
Dear Madam Mayor and Distinguished Council Members,
On Dec. 11. 1990, I attended a Council Meeting when a discussion of these
proposed improvements was held. At that time, a letter was read from a
Mr. & Mrs. Sharm of Glover St., Chula Vista, stating that the improvements
to their property would place an extreme financial burden on them. The
Council then voted to postpone collection of this assessment until such time
as said property was sold.
The assessment figure for improvements for my property at 51 E. Oxford St.,
is $8,361.10. I am sole support of a 32 year old disabled daughter, as my
ex-husband no longer resides in the state of California, and does not
contribute financially to this family. I will be 66 years old on Feb. 27, 1991,
and will be retiring at the end of this fiscal year, thus cutting my income
by 40%.
It is impossible for me to pay the lien for these improvements, as even
over a 10 year period, my taxes would be too high for me to pay. Is it
possible for this assessment to be deferred in my case also? I may be able
to pay the interest each year until property is sold.
I would appreciate your consideration of my request.
Sincerely,
L';:& l ja~
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Ada V. Wade
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International Friendshio Commission of Chula Vista
MEMORANDUM
TO: The Honorable Mayor Gayle Mc Candliss, Acting Mayor Leonard
Moore, Councilmen David Malcolm, Tim Nader, and Jerry Rindone,
City Manager John D. Goss, City of Chula Vista. - :1----;
FROM: Miss Teresa (Terry) Thomas, I.F.C. Chairman, \~\J\.
Miss Nancy Taboada, President, Chula Vista - Irapuato Sister
Cities Association
Inquiry re protocol for our submitting application for
S.C.I. Kellogg Grant and request for your support.
As you know, we have a sister city relationship with the city of Irapuato in
the state of Guanajuato, Mexico, for the past 20 years.
SUBJECT:
We are in the process of applying for a Kellogg Grant sponsored by Sister
Cities International (S.C.I.). Enclosed is a copy of the application material
for this grant.
The International Friendship Commission has been a faithful and active
dues paying member of S.C.I. which is the national and international
overall designated caretaker for the sister cities program set down by
President Eisenhower in 1957. In fact, Councilman Nader and Mr. Jose
Viesca are members of the board of the Southern California Chapter, S.C.I.
For our part we are working with Mr. Jess Valenzuela, head of Park and
Rec, and Mr. Ramon Diaz de Leon, head of Chamber of Commerce, and
member of the city government of Irapuato, and proposing to have up to 10
young people from Irapuato participate as volunteers in different aspects of
the summer Park and Recreation program here in Chula Vista. At the same
time, Up to 10 of our young people will participate in classes and
experiences at the Irapuato Cultural Center and other projects. They will
be living with host families both here and in Irapuato. S.C.I. was very
happy to hear of our interest in applying and offered to provide us with
advice & facilitation of our application. Other aspects of the proposal may
involve exhibits or other ways to meet our mutual goals.
Since we need to continue our plans and negotiations with the officials in
Irapuato and complete the application process for the grant in order to meet
a mid-February, 1991, deadline, we would appreciate your reply to this
memorandum, without delay, and, if possible, by return mail.
We believe that since we are already a part of S.C.I., and this is an S.C.I.
project, no further action is needed by the City with respect to this grant.
Nevertheless, we would appreciate a communication indicating your
support since that would add substantially to the strength of our application
and a successful outcome.
Thank you so much for your continued support and leadership in making
the sister cities program a success and worthwhile community goals a
reality.
Wf-.:2TTEN ~:~MA"Ut~ICA .-jC~NS
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September 21, 1990
sister
cities
INTERNATIONAL
The President of the United States
Honorary Chairman
TO:
FROM:
Carol Hardman, Director
Youth and Education Programs
u.S. - Mexico Sister Cities Committees
~~
New Kellogg Youth Exchange and Challenge Grant Project
for U.S. - Mexico Youth Exchanges
As some of you may have heard by now, Sister Cities International
[SCI] has received a grant from the W. K. Kellogg Foundation to
support a three-year project of U.S.-Mexic0 sister cities youth
exchanges. The grant program was announced at SCI's annual
conference in Albuquerque, New Mexico in July. The new project
aims to expand current and create new opportunities for youth
exchanges between U.S. cities and their 157 sister cities in
Mexico.
RE:
The grant from the W. K. Kellogg Foundation allows SCI to
carry out 3 basic functions:
1. provide youth exchange program development assistance to
U.S. cities and, via them, to their Mexican counterparts;
2. provide youth exchange financial assistance in the way of
challenge grants to help both the U.S. and the Mexican
cities carry out youth excHanges; and
3. provide travel assistance grants to help both the U.S.
and the Mexican local project coordinators to visit each
other's city during the planning and designing phase.
SCI invites your sister cities program with Mexico to become
a part of this exciting and new opportunity. Enclosed is
everything you need to know about the project, how to apply
for a challenge grant, and how to apply for a travel assistance
grant. For 1991, there are two deadlines for submitting your
proposal to SCI: January 15, 1991 and February 26, 1991.
If you think you AND your Mexican sister city would be
interested, either for 1991 and/or the following two years,
please call, write, fax SCI or return the enclosed response
form. We are lookini for 10 to 15 communities to serve as
pilots for 1991. We d love to work with you and your Mexican
sister city and we look forward to hearing from you.
120 South Payne Street, Alexandria, Virginia 22314 Phone: 1-703-836-3535
Facsimile 1.703.836,4815
Principal Program of the town Affiliation Association of the u.s.. Inc.
o se..~
u.s. - MEXICO SISTER CITIES YOUTH EXCHANGE PROJECT
RESPONSE FORM
YES, we and our Mexican counterpart are interested in being
---a part of the Kellogg project. We think we'd like to plan
for: (you may check more than one year)
1991
1992
1993
FOR NOW, THE PERSON TO CONTACT IN OUR PROGRAM IS:
NAME
SISTER CITIES TITLE/POSITION
HOME ADDRESS
CITY/STATE/ZIP
OFFICIAL NAME OF
OUR LOCAL SISTER
CITIES PROGRAM IS
APT. NO.
PLEASE SEND ME A COPY OF SCI' S PUBLICATION, A Guide for Youth Exchange.
-We do not have one.
RETURN TO:
U.S.-Mexico Sister Cities Youth Exchange Project
Attn: Youth/Education Programs
Sister Cities International
120 South Payne Street
Alexandria, VA 22314
FAX TO: 703/836-4815
Thank you. The project officer for this project will be in
touch by phone once we receive this response form.
September 1990
5e-3
I
sister
cities
INTERNATIONAL
The President of the United States
Honorary Chairman
u.s. - MEXICO SISTER CITIES YOUTH EXCHANGE PROJECT
TIME FRAME FOR GRANT: August 1, 1990 - July 31, 1993
THE BASICS:
1. For youth between the ages of 15 and 25
2. Minimum length of exchange is 3 weeks each way
3. Exchangees must live with host families
4. Two kinds of exchanges can be supported by the
challenge grant: thematic exchanges and
community work service project exchanges
5. Minimum number of participants is 10:
5 U.S. exchangees and 5 Mexican exchangees
6. Maximum challenge grant is $5,000 for a reciprocal
exchang~ project
DETAILS AND SPECIFICS INSIDE.
For questions, contact Mexico project officer at SCI at
703/836-3535.
120 South Payne Street, Alexandria. Virginia 22314 Phone: 1.703,836.3535
Facsimile 1,703.836,4815
Principal Program of lhc lown Affiliation Association of the U.S., Inc.
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u.s. - MEXICO SISTER CITIES YOUTH EXCHANGE PROJECT
PROJECT GOAL AND OBJECTIVES:
SCI will provide youth exchange program development assistance
AND challenge grant financial assistance to U.S.-Mexican sister
cities affiliations for the purpose of expanding current and
creating new opportunities for youth exchanges between the 157
U.S.-Mexico sister cities linkages currently existing as well as
those that may develop before the end of this project and
for the purpose of improving and enhancing the quality of youth
exchanges between U.S.-Mexico sister cities.
SCI will award challenge grants to a minimum of 15 U.S.-
Mexico youth exchange projects each year.' The maximum grant
for a reciprocal project is $5,000. Grants may be less than
$5,000 depending on the many variables in each project.
SCI may also award travel assistance grants as a part of
this project. Travel assistance grants are to help offset the
costs of international transportation for the local project
coordinators, as often the local project coordinators need to
visit each other's city/community in the planning and designing
phases of the youth exchange project. An average of $400 for
both local project coordinators may be applied for by the two
cooperating sister cities.
SCI will work with any U.S. city, that is a member of SCI,
that has a Mexican sister city to help them develop a quality
and substantive youth exchange preject that meets the criteria
and is either a (1) thematic youth exchange or (2) a community
work service youth exchange. These are described in detail in
the following pages. The SCI Mexico project officer is available
to visit U.S. communities to assist them with their program
development.
IMPORTANT: The planning and designing phases of a youth exchange
must be a truly cooperative, joint venture between the U.S. city
and its Mexican sister city. The proposal that is submitted to
SCI for a challenge grant must be a jointly prepared proposal.
The' final evaluation that must be completed must also be jointly
done.
~~
GETTING STARTED.
The key ingredient to planning a successful youth exchange
is COMMUNICATION. By virtue of this packet, SCI is communicating
with you about this new project. In turn, you must communicate
the information to your sister city in Mexico before a mutual
agreement can be reached that you BOTH want to do this.
Once BOTH have agreed that this is a project you want to be
a part of, you need to establish a Youth Exchange Subcommittee
in BOTH cities. And, BOTH cities should appoint a Youth Exchange
Project Coordinator.
The two Project Coordinators are responsible to their
respective Subcommittees and the two Subcommittees must be in
COMMUNICATION with each other on a regular basis to ensure the
success of the youth exchange project.
PURPOSE OF THE YOUTH EXCHANGE SUBCOMMITTEE.
The purpose of establishing a Youth Exchange Subcommittee
(YES) is to coordinate as many activities related to the youth
exchange as possible. The primary functions of the YES include,
but need not be limited to, the following:
-to recommend to the counterpart YES those ideas that have
been judged as the best ideas for either a thematic exchange
or a community work service exchange;
-to assist and ensure that all needed exchangee/host family
application forms and letters are received and are properly
completed;
-to establish and maintain lines of communication with the
counterpart YES;
-to review and select from those youth/family
the final participants/host families;
-to orient/counsel the youth/host families selected prior
to their departure and provide orientation/counsel to the
inbound participants and their host families;
candidates
-to ensure that agreements made between the two cities
about the content of the exchange activities are adhered
to;
~to assist the participants in obtaining the appropriate
visas and insurance coverage needed to travel;
~to prepare and submit notices about the exchange to local
media to keep the community informed;
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~to ensure the rece1v1ng and introduction of the partici-
pants to the local community and the sister cities community;
.to review the project periodically during the course of
its duration, to complete the final evaluation of the project,
and to make recommendations for improving the project for
the next time.
You should review these functions and change them or add to
them as may be appropriate for BOTH cities. SCI recommends that
the YES become a standing/permanent committee of the local
programs to maintain a continued existence of youth exchanges
once they have begun. The number of people to serve on a YES
should be small enough so the group can work together effectively,
but large enough to represent diversity of the community. SCl
recommends a minimum of three (3) and a maximum of five (5) for
appointment to the YES.
FORMING THE YES.
--.~.:~"
The membership of the YES should reflect, at minimum, the
following:
.one member from the participating sister cities program
.the local project coordinator for the youth exchange
.~ne member from the local school system
.the balance of the members from among these:
--previous exchange student/host family
--person between 15 and 25 years old
--Latin American specialist in the community
--a native Mexican living in your community
--representative of. local city government
--returned Peace Corps volunteer
--a parent .
--a student
It is recommended that the members appointed to the YES
reside in the community and be competent to interview and screen
applicants. At minimum, One of the committee members should be
proficient in Spanish.
How YES members are selected should be decided by the sister
cities committee/program. You may want to consider having the
local project coordinator serve as the chair of the YES.
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The YES chair is responsible for guiding the YES so that the
expectations of the two sister cities can be realized. In
addi~ion, the chair will:
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--organize the work of the subcommittee
--determine the nature and extent of the local program's
support
--ensure that all tasks assigned to the subcommittee are
fulfilled
--provide information about the project upon request
The members of the YES should serve at the discretion of
the appointing parties. At minimum, a term of one-year is
recommended given the continuation of the youth exchange project.
WHAT KIND OF YOUTH EXCHANGE TO DO.
This three-year funded program allows SCI to help support
only two kinds of youth exchanges: thematic youth exchanges or
community youth work service exchanges.
Thematic Youth Exchanges. The basic ingredients of a thematic
exchange are: minimum length of 3 weeks; age range of exchangees
is 15 to 25, inclusive; homestays for duration of exchange;
predeparture, arrival and postreturn orientations for youth
and host families; foreign language ability [Spanish for those
going to Mexico; English for those coming to the U.S.].
Additionally, the entire exchange project revolves around a
"theme". Ideas for themes are many and each YES should
brainstorm a list. Here are-a few to get started:
music
agriculture
architecture
language
restoration
nutri tion/food
history
family lifestyle
careers
journalism
leadership
environment
art
substance abuse
geography
education
The entire exchange involves a study of the selected theme
before going and while there. It becomes a part of the pre-
departure orientation sessions. Each youth selected to
participate or the group as a whole also identify a project
related to the theme that s/he or they will complete as a
part of the exchange. The project must result in some form
of tangible product created by the youth, singly or as a
whole.
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For example, let's say that Palo Alto, California and Oaxaca,
Mexico decide that the theme of their youth exchange will be
Arts and Crafts of U.S. and Mexico.
Once the exchangees have been selected, they begin their
orientation. The orientation for the U.S. youth will include
a study of the Arts and Crafts of the U.S. as well as those
of Mexico; the same is true for the Mexican youth during their
orientation.
While in each other's city, the study will continue only it
will focus on the Arts and Crafts of the country they are in.
Each youth can select one art or craft to specialize in or
the entire group can select one art or craft to specialize
in.
A final project could be to hold an arts/crafts fair/festival
in each other's city of the other's arts/crafts in an effort
to raise funds to support a worthy,~ause in the community.
Communit Youth Work Service Exchan es. The basic ingredients
are t e same as those or a thematic exchange: minimum length
of 3 weeks; age range of 15 to 25, inclusive; homestays for
duration; predeparture, arrival and postreturn orientations
for youth and host families; foreign language ability [Spanish
for those going to Mexico; English for those coming to the
U.S.].
Additionally, the entire exchange project revolves around a
"community work service" project. Ideas for work projects
are many and each YES should brainstorm a list. Here are a
few to get started:
camp counseling
public works
volunteer service
historical preservation/restoration
conservation/environment
community restoration/rehabilitation
Here you combine the "study" of an issue with an actual
"experiential, hands-on" learning activity. Not only do the
exchangees learn about conservatio~, for example, but together
in each other I s community, they do something that put's what
they learned into practice and by doing so they have performed
a "service to the community". The something they do may be
planting trees or it may be demonstrating how to conserve a
natural resource.
Another example may have to do with recycling paper. Exchangees
in both communities would learn about environmental issues
and recycling. They might then design and implement a paper
5e-9
recycling program that involves their own families, their
host families, the sister cities committees members, the
cities' municipal offices and/or an entire neighborhood.
One part of the project might include visiting a paper
recycling site or meeting with environmental groups in the
communities. Exchangees might canvas neighborhoods to talk
with citizens about their recycling efforts. The whole
project might result in a local television program spot
on the efforts of U.S. and Mexican youth working together
on the project.
These two kinds of exchanges, thematic and community youth
work service, go beyond the first steps of being introduced
to your sister city. These kinds of exchanges encourage you
to be creative and innovative and to "step up" to youth exchanges
that examine a theme or an issue ranging from the technical to
the human, from the environmental to the cultural and beyond.
The youth involved in these kinds of exchanges can create new
dialogues between themselves and their communities and seek
solutions to common issues and concerns they or their
communities may have. These kinds of exchanges allow youth and
the sister cities they represent to focus on cooperation--
planning together, experiencing together, working together--
in essence, sharing together through an active exchange partner-
ship. And, this is carried out in the context of a sister cities
affiliation which provides community support, community outreach,
and local resource capability in an atmosphere of trust and
long-term commitment.
NEXT STEPS.
Once you and your Mexican counterpart have agreed that you
want to do a youth exchange and you've agreed on the kind of
youth exchange you want to do, then you are ready to submit
a PROPOSAL to SCI for a challenge grant to assist both of you
with some of the financial costs involved.
SEE ENCLOSED ENTITLED "Writing The Proposal For A Challenge
Grant".
The deadlines for submitting a proposal for this first
time are: 4ag~a~~=J~~=J221 or ~~2~~~~~=~g~=1221.
The actual youth exchange may take place anytime after
you have been notified that you've received a challenge grant
and must begin (either way) before July 31 1991. If you have
any questions about this and when you should submit your proposal,
contact SCI at 703/836-3535. Ask to speak with the Mexico
project officer.
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WHAT THE REVIEW PANEL LOOKS FOR WHEN IT READS A PROPOSAL.
The proposal review panel looks for the following when it
reads a proposal:
Othe project being presented is either a new/first time
project or it augments an existing youth exchange that
is either a thematic or a community work service project;
Oboth the U.S. and Mexican committees worked together to
design and plan the project and write the proposal;
Othe project is reciprocal; involves age range of 15-25,
inclusive; is for a minimum of 3 weeks each way; the
exchangees live with ost families; and the minimum number
of participants is lO--five from each community;
Othe project provides for orientations--predeparture,
arrival and post-return~~for exchangees and host families;
Othe project provides for language requirement or study/
training and involves exchangees in community and sister
city activities;
Oproject contributes to sustaining the long term development
of youth exchanges between the two cities;
~project develops financial support [cash/inkind] from
both communities and other groups or organizations in both
communities;
Oproject involves community outreach by incorporating other
resources into the project; _
Oproject must be cost effective and have a reasonable per
capita cost in comparison with other proposals submitted;
Oproject provides for extensive interaction between U.S.
and Mexican youth exchangees;
Oproject emphasizes providing exchange opportunities for
socially and economically disadvantaged youth who otherwise
might never have such an opportunity;
~project participants, both youth and host families, reflect
a cross-section of the communities they represent. Projects
that reflect diversity of exchangees and host families
will receive priority for funding.
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Ohow does this project influence the youth and host families
who participate?
Oto what extent does the project have an impact upon the
attitudes, knowledge, and perspective about the U.S. and
Mexico on the part of the youth and host families? How
is this change being measured by the local committees
sponsoring the project?
oin what ways is' your project strengthening the volunteer
support structure in your respective communities?
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developed?
used in the
standards of quality for your program being
Are they different than the standards you've
past?
~in what ways will the youth exchangees be involved in
activities addressing issues of their host country,
after they return home?
Overall, the proposal review panel is looking to be sure
that your project is well thought out, well planned and that
you are utilizing appropriate resources to ensure a successful,
substantive, quality project.
Exchanges funded by SCI challenge grants should not
be just having a "good time" in your sister city. They should
be exchanges that have value, substance and contribute to
the long term relationship between the cities. Remember, the
young people who participate in_these exchanges may well be
the future adults who will have the responsibility to carry
on the relationship in the 21st century.
5 e -/2-
j
YX}D
THE PROPOSAL REVIEW PROCESS.
When your proposal is received by SCIon either January 15,
1991 or February 26, 1991, SCI staff will review it to ensure
that it is complete.
Then a Review Panel will read your proposal and determine:
a. fund it and at what amount. The maximum is $5,000.
Some grants may be less. DO NOT COUNT ON A FULL GRANT.
b. we like this project but feel it needs some revision.
Fund it, but only if revisions can be made.
c. this project does not fit the guidelines. Do not fund.
You will be notified of the panel's decision generally within
thirty (30) working da~s from the deadline date. So proposals
submitted on January 1 , 1991 will have.a decision on/about
February 28, 1991. Proposals submitted on February 26, 1991 will
have a decision on/about April 9, 1991.
COMMITMENT OF LOCAL COMMITTEES THAT GET A CHALLENGE GRANT.
U.S. and Mexican programs that receive a challenge grant
commit themselves to do the following:
a. carry out the project described in the proposal
b. raise funds needed beyond the challenge grant
c. complete a final report/evaluation JOINTLY and send
it to SCI. SCI provides the questions and the form
for the evaluation. These are sent at the same time
the award letter is sent.
d. provide SCI with proof/evidence that:
--all funds needed have been raised
--youth produced a tangible product by end of
exchange
e. provide SCI with photos and article for Sister City
News about the exchange project
f. be agreeable to doing a presentation about project
at SCI state, regional, national conference if asked
g. enroll all exchange participants (both U.S. and Mexican)
in required SCI insurance program. SCI will send infor-
mation along with award letter.
5e-B
YXII
Once a grant is awarded, it may be reduced if maio~ changes
occur in the project. Grants are not increased once t e award
is made.
'.
1'~
,
SCI releases the grant funds approximately 30 days before
the scheduled departure of the exchangees.
u.s. sister cities committees, the fiscal agents for the
challenge grants, must produce evidence that BOTH cities have
raised all needed project funds before SCI releases the grant
monies. A check release form is sent with award letter.
Within 45 days after the project is finished, BOTH cities
must submit ONE written final report/evaluation to SCI. This
is a joint report--not two separate ones. From these reports,
SCI develops program models for other communities to use. These
reports also become a part of_,the annual.report SCI must make
to the funder, the W. K. Kellogg Foundation.
NEED MORE INFORMATION OR HELP.
Please contact the Mexico project officer at SCI at
703/836-3535. The project officer is here to listen to your
ideas and questions and to guide you in the right direction.
The project officer is also available to come to your
community to meet with your YES and local project coordinator
at a mutually agreed upon time.
The project officer is available to review a draft of your
proposal and budget before. you submit it on the deadline dates
and to offer suggestions.
The project officer is available to point you in the right
direction or offer you ideas about resources and materials that
might be helpful as you design your orientations.
The project officer will also monitor your project if it
receives a grant to ensure accountability to SCI and to the
W. K. Kellogg Foundation.
5e-11
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u.s. - MEXICO SISTER CITIES YOUTH EXCHANGE PROJECT
APPLYING FOR A TRAVEL ASSISTANCE GRANT
What is a travel assistance grant? A travel assistance grant
helps to defray the cost of international travel onlt for the .
two local proiect coordinators. Often, during the panning and
designing phase of your youth exchange, it becomes necessary
for one or both of the local project coordinators to visit the
other's community to ensure that everything is in place to
carry out the youth exchange or to ensure that both parties
understand and agree on the youth exchange project.
How much is a travel assistance rant? The total amount for
the two sister c~ties is . T at can be for one or both
local project coordinators to travel. "If o~ly one goes, the
grant is ~200. If both go, the grant is $400. They do not
have to travel at the same,.time..~,One Diay come early on; the
other may go 30 days before the youth~travel.
Do we a I for both at the same time? Not necessarily. You
apply on the asis 0 when you now efinitely that the local
project coordinator will definitely be going.
What do we have to do to apply? A letter, written and signed
by the YES chairman or the president/chairman of the local sister
cities program, is sent to SCI. The letter should fully and
clearly explain the purpose/need for the trip, when it will take
place, who will go, how long they will be there, what is planned
for them to do, etc. Keep in mind that the purpose must be
directly related to the youth exchange project for which you
will be applying for a challenge grant.
Send letter to:
.~ ).
U.S.-Mexico Youth Exchange Project
Attn: Sister Cities International
120 South Payne Street
Alexandria, VA 22314
".""".
ALLOW A MINIMUM OF ONE MONTH IN ADVANCE. 'If your local project
coordinator will leave on January 10 then the letter should be
in our office not later than November 26. That's 30 work days'
before departure. SCI needs that amount of time to review the
request, get check release approval and send the check to your
committee.
Questions should be directed to the Mexico project officer at
703/836-3535. Thank you. /, . ','
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U.S.-MEXICO SISTER CITIES YOUTH EXCHANGE PROJECT
WRITING THE PROPOSAL
FOR A CHALLENGE GRANT
Writing a proposal is not difficult, but does require
time and thought. The proposal should be written after you
and your Mexican counterparts have met, discussed and agreed
upon what you want to do, when you want to do it, how you will
do it, etc. Each proposal is a ioint venture between you and
your Mexican counterpart.
Please use the following CHECKLIST as your guide in
preparing your proposal. Check off each item as it is completed
to ensure that you have not missed anything. If you have any
questions, please call the SCI project officer at 703/836-3535.
CHECKLIST FOR WRITING THE PROPOSAL
1. COVER LETTERS. Two cover letters--one from the U.S. chair
--and one from the Mexican chair making application. Cover
letters briefly describe the project, its broad purpose and
expected impact and priority for the local programs and how
the project will contribute to the long-term development of
exchanges between the two cities. The cover letter from the
Mexican chair may be in Spanish.
2. INFORMATION FORM. One information form is enclosed. It
must be completed by the persons responsible for the exchange
project locally in each community and signed by the chairs
and project coordinators. SUBMIT ONLY ONE FORM PER PROPOSAL.
3. BACKGROUND ON THE RELATIONSHIP BETWEEN THE TWO CITIES.
--A short, chronological history of the relationship between
the two cities with a brief description of each of the major
projects being developed or implemented for the current year.
4. NARRATIVE. The narrative section of the proposal must include
--all of the following:
a. complete, overall description of the proposed youth exchange
--project for which a challenge grant is being requested,
including the GOAL and the OBJECTIVES of the project.
b. how the two local committees will promote/market the
--project to their respective communities.
c. how the two local programs will RECRUIT and SELECT the
--youth exchangees and host families AND how the two local
programs will ensure recruitment/selection to reflect a
cross-section of the community, i.e., economically dis-
advantaged, ethnic/minority representation, disabled, etc.
continued on next page
5e-/~
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P?
d. what kind
--include?
place?
e.__what foreign language requirement is there? how will
it be met?
of orientations are planned? what will they
who will conduct them? when will they take
f.__specifically describe the activities that will occur
during the exchange in BOTH cities. Explain clearly
the relationship of the activities to the THEME or the
COMMUNITY WORK SERVICE project.
g.__list the schedule/itinerary for the participants in
both cities by day. Example: DAY ONE, DAY TWO, DAY THREE.
Not necessary to include dates, times if not known.
h.__how will the project be evaluated by all participants in
both communities. INCLUDE A COPY OF A SAMPLE EVALUATION
THAT WILL BE USED.
i. how will the returning exchangees be incorporated into
--the local sister cities program in EACH city? what is
their commitment to the local program after participating
in the exchange?
5. OTHER RESOURCES. List and describe briefly each of the other
--organizations and groups in BOTH cities that will work with
the two communities on this project. What is the role/respon-
sibility of each?
6. FUNDING RESOURCES. Describe how the two local committees
will raise all the funds needed for the project, both cash
and inkind. Describe exactly how the challenge grant funds
will be used, i.e., as scholarships for economically disad-
vantaged, for ethnic/minority and/or for disabled youth, etc.
7. BUDGET. DO NOT INCLUDE ANY SPECIFIC AMOUNT FOR THE CHALLENGE
--GRANT IN YOUR BUDGET. PRETEND YOU WILL DO THIS PROJECT WITHOUT
ANY CHALLENGE GRANT SUPPORT. Budgets should reflect all
anticipated costs for both the inbound and outbound portions
of the exchange project FOR BOTH CITIES and should include both
cash costs and those that may be covered by donated/inkind
contributions. The proposal should basically have four (4)
budgets: (1) U.S. city outbound; (2) U.S. city inbound; (3)
Mexican city outbound; (4) Mexican city inbound.' Both cities
have expenses for both segments and all need to be included.
A list of sample LINE ITEMS FOR A BUDGET is included to help
you get started. For each line item be sure to show several
columns: Sister City Committee; Counterpart Sister City
Committee; Exchange Participants; Donated/By Whom. Remember
to keep the four budgets separate.
6e-~
P:3
8. VISAS AND INSURANCE. All participants must have appropriate
--visas to participate. It is the responsibility of the local
project coordinators in each city to ensure that exchangees
apply for and receive visas BEFORE they travel. If you are
not sure about the appropriate kind of visa, please contact
the Embassy of Mexico in D.C. (for those traveling to Mexico)
or the Embassy of the U.S. in Mexico City (for those traveling
to the U.S.). SCI CANNOT FACILITATE OBTAINING VISAS.
ALL PARTICIPANTS MUST HAVE INSURANCE COVERAGE. IF YOU RECEIVE
AN SCI CHALLENGE GRANT, THEN YOU MUST USE SCI'S SPECIAL INSURANCE
PROGRAM FOR GRANT RECIPIENTS.
The cost for
your budget.
guideline:
the required SCI insurance should be included in
You should plan on the following as a cost
U.S. participants going to Mexico: $45 per person, per month.
Mexican participants coming to U.S.: $43 per person, per month.
9. LOCAL SISTER CITIES GOVERNING BODY. Include TWO lists--one
--of the local U.S. committee; one of the local Mexican committee.
Both lists should include: names, titles, addresses, phone
numbers of the members of the committee/board for both cities.
10.__OPTIONAL. Include, in an appendix, a copy of materials,
guidelines, brochures, forms, etc. you and your Mexican
counterpart will use for this project. SEND ONLY ONE COPY
OF THESE OPTIONAL MATERIALS.
When you have written and assembled all of this, please make
seven (7) copies and mail them to:
U.S.-Mexico Sister Cities Youth Exchange
Attn: Youth and Education Program
Sister Cities International
120 South Payne Street
Alexandria, VA 22314
DEADLINES FOR 1991: January 15, 1991
February 26, 1991
~EQ~Q~~1~=~~~I=~~=~~=Q~E=Q~~~~~=~X=I~~~~=~~I~~.
Questions? Contact the Mexico project officer at SCI, 703/836-3535.
,9'e -/1
P4
LINE ITEMS FOR A BUDGET
GROUND TRANSPORTATION. From home to airport to host family.
From host airport to host family. And the reverse.
AIRFARE. Cost per ~euth x the number of exchangees.
Cost per adult leader/chaperone x the number of adults.
ORIENTATIONS. Room rental. Materials acquisition. Materials
duplication. Cost for orientation leader/presentator.
LANGUAGE TRAINING. Costs for language lessons, if needed.
INSURANCE.
per person,
month.
Required for all participants. U.S. outbound = $45
per month. Mexican inbound = $43 per person, per
PASSPORTS. Running about $42 to get a U.S. passport.
Check on cost of Mexicans getting a Mexican passport.
VISAS. Check with appropriate embassies to determine cost.
PHOTOS FOR PASSPORTS/VISAS. In U.S. runs about $8 per person.
Your Mexican sister city can approximate costs for Mexico.
ADMINISTRATION COSTS. Includes xeroxing, phone, fax, telex,
postage, office supplies needed, etc.
PERSONNEL. It is assumed that all personnel costs are donated/
inkind. Approximate how much time YES and local project coordinators
put in and put a monetar~ value. on it.
HOMESTAYS. Homestay value in the U.S. is $50 per person, per day.
Homestay value in Mexico is $57 per person, per day.
GIFTS. If exchangees are required to bring host family gift,
set a limit and use that figure. For example, a gift not more
than $10 in value.
PROGRAM COSTS. Will depend on whether you're doing a theme
or a community work service exchange project, but should include
costs for supplies or activities that directly relate to the
project.
Budgets for the U.S. City/committee should be done in U.S. dollars.
Budgets for the Mexican city/committee may be done in either
U.S. dollars or Mexican pesos. If done in pesos, please include
a note at the top of the budget what the conversation rate is at
the time the budget is developed. Thanks.
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council Agenda Statement
Item~(,
~\o~ Meeting Date: January 15, 1991
- .",,~O? ."oJ
Item T i ~9 Ordinance 1. ,~, Amending section 2.52.040 of the
p.-~\~G. Chula vista Municipal Code to
~ ~~ Clarify the Status of Legal Defense
.S~CO~ Fund Payments
Submitted by: Bruce M. Boogaard, City Attorn~~
(4/5ths Vote: Yes
No_X_)
The City Attorney's Office had been requested to opine whether a
payment ("Legal Defense Payment") by a third party to, or for the
benefit of, a Councilmember to offset costs incurred by that
Councilmember in the defense of a criminal or administrative
prosecutorial action against said Councilmember is limited by the
City's campaign contributions ordinance to $250.00.
The City Attorney has opined that such a Legal Defense Payment is
not a campaign contribution within the meaning of that term under
the City's definition of "campaign contributions" inasmuch as it is
not a payment made to aid in the election of the Councilmember.
The payment would still subject the Councilmember to the rules
relating to the conflict of financial interest and disclosure of
financial sources of income. However, the payment would not be
prohibited by the city's special prohibition on campaign
contributions over $250.00 (Section 2.52.050 (B)).
Such opinion of the City's Campaign contributions Ordinance has
significant policy implications deserving of Council review, and
Council confirmation or modification.
Recommendation:
The city Attorney recommends that you place the attached ordinance
on first reading, which when effective, will legislatively confirm
the opinion that the Campaign contributions Ordinance, and the
limitations contained therein, were not intended to apply to Legal
Defense Fund payments received by a councilmember in a context
unrelated to the election of the candidate.
Boards and Commissions Recommendation:
defense1.wp
January II, 1991
Al13 re Legal Defense Fund Payments
Page 1
--t=t (.,.'
None. The Council may desire, as an alternative to introduction of
the attached ordinance, to refer the proposal to the Board of
Ethics since they have, in the past, reviewed and made recommenda-
tions with regard to the Campaign Contributions Ordinance.
Further Discussion:
Backoround.
Our Campaign Contributions Ordinance is contained in Chapter
2.52.
The term "contribution" for the purpose of that Chapter is
contained in Section 2.52.040. It provides as follows:
"E. 'Contributions' are defined in a manner identical with
the definition found in Government Code Section 82015 and any
related provisions in the California Administrative Code."
That definition incorporates the definition given to the term
by the Fair Political Practices Act, which defines the term in
Government Code Section 82015, in relevant part, as follows:
"'Contribution' means a payment, a forgiveness of a loan, a
payment of a loan by a third party, or an enforceable promise
to make a payment except to the extent that full and adequate
consideration is received unless it is clear from the
surroundino circumstances that it is not made for political
purposes. An expenditure made at the behest of a candidate,
committee or elected officer is a contribution to the
candidate, committee or elected officer unless full and
adequate consideration is received for making the
expenditure."
By this definition, a contribution is characterized by the
extent to which purpose in making the payment is non-political.
But the definition does not provide an insight as to whether "non-
political" should be narrowly construed to mean "not related to the
election of a candidate" or broadly construed to mean "not related
to the exercise of power."
In this case, a Legal Defense Payment may have no relationship
to an effort to elect a candidate, but it may be made by the payor
with the intent to preserve the office of an elected official
thereby permitting him to continue to exercise political power, and
hence may be "political".
Our ordinance in this regard has some ambiguity (which will be
corrected by the attached amendment).
defense1.wp
January 11, 1991
Al13 re Legal Defense Fund Payments
Page 2
("..'l.
~
Opinion re Leqal Defense Payments.
Despite such ambiguity, it is my opinion, however, that the
campaign contribution limitation provision of our ordinance was not
intended, and hence, does not apply to Legal Defense Payments.
Analvsis.
In the entire context of the Fair Political Practices Act, if
it were the only regulatory scheme, the FPPA would not characterize
a Legal Defense Payment as a campaign contribution required to be
disclosed under Chapter 4, although it would treat such a payment
as a "source of income" and a "gift", and hence subject to dis-
closure and the possible cause for abstention in voting.
The FPPA is a broad reaching regulatory scheme that has many
components. The three primary components are (1) disclosure of
financial information; (2) abstention of participation where a
financial conflict of interest exists; and (3) disclosure of
financial transactions incurred in a campaign for public office.
A Legal Defense Payment is in the nature of a gift/contri-
bution since it is made without consideration. The FPPA requires
the disclosure of "gifts", and in that relation, has defined
"Gift", at section 82028 as follows, in relevant part:
"(a) 'Gift' means, except as provided in subdivision (b), any
payment to the extent that consideration of equal or greater
value is not received. . ..
"(b) The term 'gift' does not include:
(4) Campaign contributions required to be reported under
Chapter 4 of this title."
Chapter 4 sets forth the Campaign Disclosure rules, commencing
at Section 84100 of the Government Code, the whole focus of which
is to address the disclosure of income and expenditures incurred in
an effort to win a public office at an election. section 84308 in
Chapter 4 provides that, "contribution" for the purposes of that
Chapter "includes contributions to candidates and committees in
federal, state or local elections."
Hence, while the FPPA may have an ambiguity as to whether a
Legal Defense Payment is a "contribution", regardless of whether it
may be such, the FPPA does not make it a "contribution" requiring
disclosure in the context of an election bid (i.e., "campaign").
Our own ordinance did not adopt the definition of "contribu-
defensel. wp
January 11, 1991
Al13 re Legal Defense Fund Payments
Page 3
~'.l
tion" in Chapter 4. Had we done so, it would have been clear that
the contribution must have been received in the context of an
election to be subject to prohibition. Rather, we adopted general
definitional section of the word "contribution", defined above.
However, we did so in a Chapter entitled "Campaiqn
Contributions," a chapter which has, as its primary focus, the
regulation of financial transactions surrounding election bids--not
legal defense of administrative and criminal prosecutorial actions.
Such clear intent of the ordinance is the basis for my
opinion.
Although there is no case law on the subject confirming this
interpretation, on the basis of the plain meaning of the term, it
is this office's opinion that a payment made to a councilmember not
in aid or assistance of that persons election is not a campaign
contribution. The plain meaning of the term, "campaign contribu-
tion", has to include some reference to the purpose of the payment
as being one which will aid in the election of a candidate.
A payment made to aid a councilmember not in connection with
that councilmember's bid for election or reelection, but with the
expressed purpose as being to aid in the legal defense of a pending
criminal or administrative proceeding, and not used in an election
effort, was simply not intended to be regulated by either by the
state's legislative scheme or the city's legislative scheme
relative to campaign contributions.
Keep in mind that there are other ~egulatory schemes in place
requiring the disclosure of sources of ~ncome. Payments relieving
a pUblic official of an expense is considered a source of income.
Also, there are other regulatory schemes requiring abstention for
conflicts of interest which may prohibit abuse.
The Proposed Ordinance.
Rather than simply opining that the enacting Council did not
intend to address legal defense payments as part of the Campaign
Contributions Limitations, the City Attorney felt that it would be
a better administrative practice to bring the opinion to the public
agenda, and permit the current Council to legislatively reject or
approve the interpretation.
Adoption of the attached ordinance provides Council policy
approval of the City Attorney I s interpretation by specifically
declaring that payments made to a councilmember, or made to the
attorneys for a councilmember, for the expressed purpose of
offsetting or paying legal fee and expenses incurred by the
defense1.wp
January 11, 1991
Al13 re Legal Defense Fund Payments
Page 4
l. ...1
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candidate in the defense of a criminal or administrative proceeding
brought against that councilmember, shall not be deemed a campaign
contribution.
It adds the following clarifying language to the definition of
"contribution":
. . ., except that, notwithstanding anything contained herein
to the contrary, a payment by a third party to, or for the
benefit of, a Councilmember made and used for the express
purpose of offsetting costs already incurred by that
Councilmember in the defense of a criminal or administrative
prosecutorial action against said Councilmember, and not for
the purpose of aiding in the election of said Councilmember,
and not made within 100 days of an election in which the
Councilmember is competing for a seat or office, shall not be
deemed to be a contribution for the purposes of this
ordinance.
The constraint of payment "not made with 100 days of an
election" is added merely as a further element of proof that the
payment is unrelated to the councilmember's bid for public office.
The "made and used" language is added to assure that the Legal
Defense Payment, despite the purpose and intent of the payor, not
be diverted to aid in an election bid.
Fiscal Impact:
None to the city.
defense1.wp
January 11, 1991
Al13 re Legal Defense Fund Payments
Page 5
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This Page Blank
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~C.\"Ui~l.i hl:.At.:!",c,
.. :~ i,UOPTION
ORDINANCE NO. 2 "3'-1
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTION 2.52.040 OF THE CHULA VISTA MUNICIPAL
CODE TO CLARIFY THE STATUS OF LEGAL DEFENSE
FUND PAYMENTS
The City Council of the City of Chula Vista does ordain
as follows:
SECTION I: That section 2.52.040 of the Chula Vista
Municipal Code is amended to read:
Sec. 2.52.040
Definitions.
A. "Agent" For purposes of this section, a person is
the .agent" of the party to, or a participant in, a
proceeding involving a license, permit or other
entitlement for use only if he or she represents
that person in connection with the proceeding
involving the license, permit or other entitlement
for use. If an individual acting as an agent is
also acting as an employee or member of a law,
architectural, engineering or consulting firm, or a
similar entity or corporation, both the entity or
corporation and the individual are "agents".
B. "Candidate" means a candidate for any City elective
office, the candidate's campaign committee,
committee(s) controlled by the candidate, agents of
the candidate, and any person acting at the behest
of a candidate. An incumbent shall be presumed to
be a candidate unless he or she files a written
statement with the City Clerk stating the he or she
does not intend to be a candidate for the next
election for his or her office.
C. "City Campaign Statement" means the statement
which, to the extent practicable, shall be similar
to or consolidated with that required by State law.
D.
"City Elective Office" means the offices
members of the City Council and any
separately elected offices of the City.
held by
other
,.1
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E.
"Contributions" are defined in a manner identical
with the definition found in Government Code
Section 82015 and any related provisions in the
California Administrative Code, except that,
notwithstanding anything contained herein to the
contrary, a payment by a third party to, or for the
benefi t of, a Councilperson made and used for th...
express purpose of offsetting costs already
incurred by that Councilperson in the defense of a
criminal or administrative prosecutorial action
against said Councilperson, and not made or used
for the purpose of aiding in the election of said
Councilperson, and not made within (before or
after) 100 days of an election in which the
Councilperson is competing for a seat or office,
shall not be deemed to be a contribution for the
purposes of thIS chapter.
F. "Election Period" means the entire time period
between elections for the City elective office.
This would include the time period between each
election for the same elective office, including
separately as applicable, each primary, general,
recall or other election for that office.
G. "Intermediary" means a person who delivers to a
candidate or committee a contribution from another
person unless such contribution is from the
person's employer, immediate family or an
association to which the person belongs. No person
who is the Treasurer of the committee to which the
contribution is made or is the candidate who
controls the committee to which the contribution is
made shall be an intermediary for such contribution.
H. "Organization" means a proprietorship, labor union,
firm, partnership, joint venture, syndicate,
business, trust, company, corporation, association,
or committee, including a political action
committee.
I. "Person" means a natural individual.
J. "Political Purpose" means an action by a candidate
for the purpose of influencing, or attempting to
influence, either directly or indirectly, the
actions of the voters for or against the election
of that candidate or any other candidate for the
same City elective office.
iIJ-Z
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;{.
K. "state Campaign Statement" means an itemized report
which is prepared on a form prescribed by the Fair
Political Practices Commission and which provides
the information required by Chapter 4 of Title 9 of
the Government Code.
L.
"Party" means any person who files an
for or is the subject of, a proceeding
license, permit or other entitlement for
application
involving a
use.
M. "Participant" means any person who is not a party,
but who actively supports or opposes a particular
decision in a proceeding involving a license,
permit or other entitlement for use, and who has a
financial interest in the decision as described in
Article 1 (commencing with Section 87100) of
Chapter 7. A person actively supports or opposes a
particular decision in a proceeding if he or she
lobbies in person, the officers or employees of the
City, testifies in person before the City, or
otherwise acts to influence officers of the City.
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
d and
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COUNCIL AGENDA STATEMENT
Item~
s:r:/' Meeting Date 4:13:)1 'Jt1/fltl
ITEM TITlE:"-')~'(.'~~~~n~~ce 2."~'7 Revising the Chula Vista Woods sewage ''1
o \,::~r..'--' pump station maintenance charge originally set by Ordinance
<'c.O~ 2181 ~ ./
s'" nA.W
SUBMITTED BY: Director of Publ ic w,or Iff
REVIEWED BY: City Manager '},' ',,~ (4/5ths Vote: Yes_No-L)
.' I (
On January 6, 1987, the City Council adopted Ordinance 2181 which established ,I
a special sewer service rate area for the Chula Vista Woods Subdivision. This
ordi nance set a rate of $4.50 per month per household to be pa i d for the
maintenance of a temporary sewage pump station. Additional homes have
subsequently connected to the pump station and the amount which should be
payable by each household has decreased as a result of these connections.
RECOMMENDATION: That Council place Ordinance on First Reading.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Ordinance 2181 established the original sewer rate area for IlO homes in the
Chul a Vi sta Woods Subd i vis i on. Subsequently, Ord i nance 2270 was adopted on
June 7, 1988, to extend the boundari es of the sewer rate area to i nc 1 ude 95
new homes in the Rancho Del Sur Subdivision plus three existing single-family
homes on septic tanks.
The majority of the homes in Rancho Del Sur connected to the sewer during
Fiscal Year 1989-90. With a total of 208 homes, the amount which would be
collected at the current rate of $4.50 over the period of a year would be
$11,232. This is considerably in excess of the estimated Maintenance and
Operation cost of $6,700 for Fiscal Year 1990-91.
Since Ordinance 2181 states that the operation and maintenance surcharge is to
be equal to the actual cost of operating and maintaining the pump station, the
pump station surcharge must be changed. It is estimated that the pump station
will remain in operation for a maximum of five years from this date.
Including a surplus of $779 over operating costs collected during Fiscal Year
1989-90 and a surplus of $2,135 estimated for this fiscal year along with an
estimated increase in maintenance costs of 10 percent per year, an average of
$3.04 wi 11 need to be collected per month per house duri ng the fo 11 owi ng fi ve
years to balance out. It is therefore recommended that the pump station
surcharge be reduced to $3.00 per month per household.
A courtesy notice was sent to all property owners informing them of the amount
of the decrease.
,-I
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Page 2, Item ~ ~
Meeting Date H'IJ, ~l yl~ I
Households will be billed for the pump station surcharge until use of the pump
station has been discontinued and costs of pump station removal have been paid.
The developers of Sunbow II will remove and salvage this pump station after
constructing gravity sewers to serve this area. The cost of that removal is
stated, in Ordinance 2181, to be paid by the homeowners over a period of up to
three years after the pump station is taken out of service.
This ordinance shall take effect and be in full force on the 31st day from and
after its adoption.
FISCAL IMPACT: Passage of this ordinance will result in a pump station
operations revenue of $7,488 per year rather than $11 ,232 under the current
rates. Pump station operating revenue will more nearly reflect actual
operation and maintenance expenses as required by Ordinance 2181.
EMC:
WPC 5318E
/-~
~
ORDINANCE NO.
2.,31
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AN ORDINANCE OF THE CITY OF CHULA VISTA REVISING
THE OPERATION AND MAINTENANCE SURCHARGE FOR THE
CHULA VISTA WOODS PUMP STATION ESTABLISHED BY
ORDINANCE 2181
The City Council of the City of Chula Vista does ordain as follows:
WHEREAS, pursuant to Health and Safety Code Section 5471, on December
16, 1986, the City Council adopted Ordinance 2181 establishing a special sewer
service rate area for the Chula Vista Wood Subdivision with a monthly
surcharge of $4.50 per month to be assessed for each single-family dwelling
unit, and
WHEREAS, the total surcharged amount is to be equal to the actual
cost of operating and maintaining the temporary sewage pump station, and
.
WHEREAS, on June 7, 1988, the City Council adopted Ordinance 2270
extending the boundaries of the special sewer service rate area establishing
by Ordinance 2181, and
WHEREAS, as additional houses in the expanded service area have
connected to the sewer the actual pump station operation and maintenance cost
per household has decreased.
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
SECTION I: Section 3 of Ordinance 2181 is amended to read as follows:
3. A special operation and maintenance surcharge shall be assessed
for each Single-family dwelling unit serviced within the Chula Vista Woods
Special Rate Zone at the rate of $3.00 per month or $36 per year. This
special rate is equal to the future estimated cost of operating and
maintaining the temporary sewer pump station located within and serving the
Chula Vista Woods Special Rate Zone. The surcharge shall be billed to
customers within the Special Rate Zone receiving sewer service.
SECTION II: This ordinance shall take effect and be in full force on
the thirtieth day from and after its adoption.
Presented by
it':J t
Bruce M. Boogaard,
City Attorney
John P. Lippitt,
Director of Public Works
IVPC 5319E
7-1/7-3
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Item Title:
Submitted by:
Council Agenda statement
Item: f!
Meeting Date: January 22, 1991
Ordinance:)~/h AMENDING THE MUNICIPAL CODE TO
ESTABLISH COUNCIL WORKSHOPS AS
REGULAR MEETINGS, VEST COUNCIL WITH
"FULL MEETING AUTHORITY", REQUIRE
THE SETTING OF PUBLIC HEARINGS AT
THE BEGINNING OF THE MEETING, OR AS
THE COUNCIL'S AGENDA PERMITS, AND
ELIMINATE CERTAIN HISTORIC
ANOMALIES. \:?~
Bruce M. Boogaard, City Attorney\~
4/5ths Vote: ( ) Yes (X) No
The attached ordinance will do the following:
1. Establish Workshops as Regularly Scheduled Meetings.
2. Expand the Scope of Workshops to include such routine,
"consent-type" items where the city Manager determines
that they have some urgency or otherwise helpful in
balancing the City Council's Tuesday Meeting workload.
3. Give the City Council "full meeting authority" to act at
Workshops on "agendized" matters.
4. Set public hearings at the beginning of the hour at which
the meeting commences, or as soon thereafter as the
Council's agenda will permit.
5. Correct the following historic anomalies:
A.
B.
Removes matters
Municipal Code,
Charter.
of Council compensation from the
now they are addressed in the
Eliminates
the
"pre-meeting"
closed
session
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
January 17, 1991 Page 1
y-(
authorization, no longer followed by the Council.
Recommendation:
Place the attached Ordinance on first reading.
Boards and Commissions Recommendation:
None. None appropriate.
Discussion:
Backaround.
At a December City Council meeting, Council referred to Staff
the issue of giving the Council "full meeting" authority at
conferences and workshops ("Workshops") conducted by them, usually
set for the fourth Thursdays of the month.
In response, the first legislative mechanism chosen by the
City Attorney's Office was to delete the meeting category of
"Conferences"/Workshops and make them all "meetings" in order to
provide "full meeting authority" at such "Workshops".
The Ordinance which was proposed would have clearly
established Workshops as regular city Council meetings. We have
been unable to determine if this would have been, or will be, a
change from their current status. There is evidence, discussed
below, to indicate it may have been originally established as
either a regular meeting or a special meeting.
After some debate over the "mandatory" (i. e., regularly
scheduled) nature of the Workshop meeting at the City Council
meeting of January 8, 1991, the city Attorney requested the return
of this item to his Office to re-evaluate and address the following
issues:
1. Should Workshops be Regularly Scheduled Meetings,
or should they be Specially Called? We herein
recommend that they be regular meetings.
2. Should the scope of matters considered at Workshops
be expanded to include routine matters when they
have some urgency or can efficiently balance a
Tuesday meeting's workload, in addition to planning
and/or other deliberative matters? We recommend
affirmatively.
3. Should the Council have "full meeting authority" at
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
January 17, 1991 Page 2
<g..z.-
such Workshops to take any and all actions on
agendized items? We recommend affirmatively.
The Conference/Workshop Issue.
The "Conferences" Concept--Historicallv.'
Section 2.04.050 was added to our Municipal Code in 1973 to
give the Council the authority to establish regular and special
"conferences", referred to herein as "Workshops".
2.04.050 Conferences.
The city council may establish, by motion, the time
and place for the holding of regular council conferences.
Notice requirement for special council conferences shall
be the same as those for special council meetings. . . . II
Conferences were originally designed as deliberative exercises
as opposed to "consent"-type items, for matters facing the city:
". . .The purpose of the council conferences shall be to
discuss items appearing on the council agenda for regular
or special council meetings and the discussion of any
business matters of the city."
The "deliberative purpose" is further emphasized by the fact
that the authority of the City council to conduct business at
conferences was limited--no ordinances, no resolutions, and no
staff orders except for information requests or requests for staff
recommendations:
". . . At such council conferences, no legislative matters
may be adopted either by ordinance or resolution of the
city council. Actions of the city council at such
council conferences shall be restricted to requests for
information from the city manager or members of the
administrative staff, commissions or boards, or
directions for action by the administrative staff."
Problems with Historical Conference Concept.
Limitation on Authoritv to Act.
The aforementioned limitations on the Council's power to
act have been a source of problems at these workshops. The Council
is presented with evidence at a workshop, sees an appropriate
solution, and tries to pass a motion that will efficiently solve an
identified problem, or at least move it toward resolution. Under
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
January 17, 1991 Page 3
~ ..3-
the aforementioned limitations, they are unable to act. The matter
has to be deferred to the next regular City Council meeting,
necessitating a further staff Report, more public discussion, and
refreshing of memory. Furthermore, problems are created if the
members who heard the evidence at the workshop are not the same
members in attendance at the subsequent Council meeting.
staff has been trying to anticipate the need of the
Council to act, and when staff has had such foresight, they have
noticed the "conference" as an adjourned regular meeting of the
ci ty Council. 2
staff and city Attornev's position:
staff and the city Attorney believe that the
Council should not limit their own authority to
take full actions at Workshops because (1) the
taking of action is optional with the Council which
it can decide to do on a case-by-case basis as they
deem appropriate; (2) it generates an increased
workload with no apparent benefit to be gained as a
result thereof. This is not to suggest that the
proper primary focus of Workshops should be
anything other than planning, deliberative matters,
which is addressed elsewhere in this report.
Reqularitv and Call of "Conferences".
A conference or workshop is a meeting for the purposes of
the Brown Act.3 As such, it has to be properly called, and an
agenda has to be prepared, even if it is specially called. It can
not be spontaneously arranged.
Regularly scheduled meetings ("Regular Meetings") or
adjournments from regular meetings do not require special notice.
Otherwise, 24 hour notice must be given to newspapers of general
circulation, radio and television stations requesting notice, in
addition to personal delivery on Councilpersons.5
Currently, the Municipal Code gives the Council authority
to set Workshops as either regular meetings or special meetings by
motion.6
This office has searched, but been unable to determine if
the Workshop Meetings, otherwise heard on the fourth Thursday of
the month as a matter of practice, has been established by Council
motion. A preliminary search of the Clerk's records discloses no
such written resolution.
meeting2.wp Al13 re Workshops, Public Hearing start Times, etc.
January 17, 1991 Page 4
~.,y
In determining the practice followed in the calling and
noticing of Workshops, the City Clerk has advised that they have
been called spontaneously by Staff (without the notice in the form
required by Government Code for special meetings) as the need
arises. If Staff has had the insight to determine that they will
probably require action, other than informational action, the Staff
has arranged that the Workshop meeting should be adjourned from a
previous regular council meeting.
Thus, if Workshops have been established by Council
motion as regular meetings, they are not treated as such because
they do not occur if there is no agenda. If Workshops are, in
fact, special Council meetings, they should be noticed as such.
Although the adjournment technique (i. e., the adjournment
of a regular meeting to a workshop) corrects any formal problems,
it is not the most defensible method from the perspective of the
definition of a "meeting". Meetings are theoretically adjourned,
not for the purpose of obviating the need for giving notice of
their call, but to handle unfinished business at a prior meeting of
the body.
citv Attornev's position:
The Staff has indicated that there is enough
business to anticipate a regular agenda of delib-
erative items so as to assure that most fourth
Thursdays can be committed to planning and/or other
deliberative matters. In light of such a workload,
the City Attorney believes that the best solution
would be to have Workshop Meetings as regularly
scheduled meetings of the City Council (subject to
the same "dark" periods already provided for in the
Code). otherwise, the best, but not necessarily the
most administratively efficient procedure, would be
to call the meetings specially each time.
In such limited cases that there are no items
before the Council for a Workshop Meeting, the City
Manager can publicly announce in advance at the
preceding Tuesday meeting, that such a meeting will
be canceled. The Clerk would appear at the
Workshop Meeting to announce the previous intent to
cancel the meeting, and adj ourn the meeting for
lack of a quorum,
The attached ordinance set up the Workshop as
regular meetings.
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
January 18, 1991 Page 5
g';.)
Limitation of Aqenda Matters to Deliberative Items.
The historical concept of workshops incorporates the
notion that Workshops should be limited in their agendas to matters
requiring deliberation or discussion of such length as to be not
addressable, conveniently, at the regular meetings.
Practically speaking, in the conduct of the city's and
Agency's business, issues arise requiring council input and
direction on a daily basis. Projects on a sensitive time schedule,
such as the formation of the Southwest Redevelopment Project Area,
can be substantially advanced by having the ability to process
interim approvals at the Workshop meeting.
Furthermore, the availability of the Council on the
fourth Thursday enhances the ability of the Staff to balance the
Tuesday night agendas.
Hence, there has been a temptation to staff to place some
routine items on the Workshop agenda.
Staff position:
Staff strongly believes in dedicating the
Thursday meeting to planning and/or other delibera-
tive matters, and urges the Council to continue
this concept. However, if miscellaneous routine
matters arise that have some urgency to them, or if
it would facilitate a balancing of the workload at
a prior or subsequent Tuesday meeting, Staff would
like Staff and the Council to have the opportunity
to address them at the Workshop Meeting.
The attached ordinance incorporates this
position.
The settinq of Public Hearinqs.
The attached ordinance also directs the city Clerk to set the
Public Hearings at the beginning of meetings, with the understand-
ing that they will be heard at such time, or as soon thereafter, as
the agenda before the council permits.
This avoids the problem of dealing with a gap in time that
sometimes occur at meetings between the conclusion of the non-
pulled items on the consent agenda, and the time set for the
hearing (usually 6:30 p.m. and possibly 4:30 p.m.).
Historic Anomalies.
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
January 17, 1991 Page 6
g.,~
Councilmanic and Mayoral compensation is now addressed in the
Charter, section 304 (c) by recent amendment, so the conflicting
provisions in the Municipal Code, section 2.04.580 and .590 should
be eliminated.
The practice of holding "pre-meeting closed sessions" is no
longer followed by the council and should be eliminated as no
longer consistent with the Brown Act.
Fiscal Impact:
Some incalculable efficiencies in operations can be expected.
meeting2.wp Al13 re Workshops, Public Hearing start Times, etc.
January 17, 1991 Page 7
g.?
Endnotes
1. Although the Charter does not specifically bear directly on
this issue, please note the following constraints the Charter
places on our meetings:
Sec. 306: Regular Meetings
"city council shall hold regular meetings at least once
each month at such time as it shall fix by ordinance or
resolution and may adjourn or readjourn any regular
meeting to a date and hour certain which shall be
specified in the order of adjournment, such meeting shall
be held at the hour for holding regular meetings. . . ."
Sec. 307: special Meetings.
"A special meeting may be called at any time by the Mayor
or by a majority of the members of the city Council . .
. No other business shall be considered at such meetings
by the city Council."
Sec. 308: Place of Meetings.
"All meetings shall be held
civic Center or such other
located in the civic Center
and open to the public. . .
in the Council Chamber in the
appropriate conference room
and shall be clearly notices
"
"It is further provided that any special meeting
held within any place suitable and desirable for
assembly within the city of Chula vista or
contiguous thereto. . ."
may be
public
areas
"At such special meeting [i. e., non-Civic Center located
special meetings]. ., the city Council may not pass
upon any ordinance or resolution, or make any final
decision on the matters being discussed at said meeting.
. . ".
2. According to City Clerk, this has been the criteria for
noticing a workshop as an adjournment from a regular city council
meeting.
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
January 18, 1991 Page 8
g,f
3. "The term "meetings" as used in public meeting law includes
deliberative gatherings however confined to investigation and
discussion." Sacramento newspaper Guild v. Sacramento County Board
of Supervisors (69 Cal. Rptr. 480, 263 Cal. App. 2d 41 (1968).
4. See Government Code Section 54956, which provides, in part:
"A special meeting may be called at any time by the presiding
officer of the legislative body of a local agency, or by a majority
of the members of the legislative body, by delivering personally or
by mail written notice to each member of the legislative body and
to each local newspaper of general circulation, radio or television
station requesting notice in writing. The notice shall be
delivered personally or by mail and shall be received at least 24
hours before the time of the meeting as specified in the notice.
The call and notice shall specify the time and place of the special
meeting and the business to be transacted. No other business shall
be considered at these meetings by the legislative body. . . ."
5. See prior endnote.
6. Section 2.04.050 "Conferences."
meeting2.wp Al13 re Workshops, Public Hearing Start Times, etc.
January 18, 1991 Page 9
8-7/g'/fJ
ORDINANCE NO. {).. '1 ( Co
AN ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING SECTIONS 2.04.020, 2.04.050 AND
SECTION 2.04.090, AND REPEALING SECTIONS
2.04.580 AND 2.04.590 OF THE CHULA VISTA
MUNICIPAL CODE TO ESTABLLISH COUNCIL WORKSHOPS
AS REGULAR MEETINGS, VEST COUNCIL WITH "FULL
MEETING AUTHORITY", REQUIRE THE SETTING OF
PUBLIC HEARINGS AT THE BEGINNING OF THE
MEETING, OR AS THE COUNCIL'S AGENDA PERMITS,
AND ELIMINATE CERTAIN HISTORIC ANOMALIES.
The City Council of the city of Chula vista does ordain as
follows:
SECTION I: Section 2.04.020 of the Chula vista Municipal Code
is amended to read:
Sec. 2.04.020 Meetings-Time and place.
Pursuant to the provisions of section 306 of the Charter, the
council shall hold regular meetings in the council chambers of
the civic center, 276 Fourth Avenue in the city, or in such
other place as may be determined by the council, on the first
Tuesday and fourth Thursdav of each month at four p.m. and on
the second, third and fourth Tuesday of each month at six p.m.
IIs\:cvcr I rc~ular lftccti:Ago ohall eommcnCE: eRC half hSl:lr prior
ta the aaave stated time for the purpose af elosed sessioRs
only at thoDe 1:l\cctingo for \:hieh notice af ouch elsscd ocooierl
is 'Ji7eR OR the a'JeRda posted at least seveRty b:a hours prier
to sueh meetiR'J. When the day for any regular meeting of the
council falls on a legal holiday, no meeting shall be held on
such holiday.
It shall be the general policy of the city Council to cancel
any meetings in the last week of June and the first week of
July, the Tuesday following the Thanksgiving holiday, the week
prior to Easter, and the week of Christmas and New Year's.
Any of these meetings may be reinstituted if necessary by a
majority of the Council.
SECTION II: Section 2.04.050 of the Chula vista Municipal
Code is hereby amended to read as follows:
Sec. 2.04.050 CaRfereRces Workshops.
A. The regular council meeting herein required to be
meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc.
January 17, 1991 Page 1
% --II
held on the fourth Thursday of each month at 4:00 p.m. shall
be known as a "Council Workshop Meeting", and shall be
conducted in a "workshop" context according to the rules,
policies, and guidelines herein set forth in this section.
B. The primary purpose of the Council Workshop Meetinq
shall be to address matters which are primarilY of a planninq
character. or other matters which require extensi ye
deliberation of such lenqth. duration. or complexity as to be
not convenientlY capable of beinq addressed at the council
meetinqs scheduled for the reqular Tuesday council meetinqs.
Notwithstandinq the foreqoinq. other matters which, in the
opinion of the city Manaqer. have some aspect of urqency to
them. or should be addressed at such meetinq in order to
balance the workload of the Council at a prior or subsequent
Tuesday city council meetinq. 'l'he purpoae of the couHcil
oOHforoHses shall se te diseass itema appeariH~ OH tae oouHcil
a~eHda far re~ular or apeoial oouHoil moetiH~a aHd tae
diaouaaiaH af aHY easiHess mattera of the oity.
~ The eity eauHoil may eatabliaa, by motioH, tae time
aHd plaoe far the haldiH~ af re~ular oouHoil oOHfereHoea.
Notice requirements for special council conferences shall be
the same as those for special council meetings.
D. At such council conferences, the city council may
require the attendance of members of any boards or
commissions, or members of the administrative staff for the
purpose of discussing those items that appear on the council
conference agenda.
E. At Council Workshop Meetinqs. the city Council shall
have the full authority to take any and all actions which the
city council is otherwise authorized bY law or charter to take
at meetinos. At ouch council eenfCl'CflCea, flS leEJifJlati.,,~e.
mattera may be adopted either by ordiHaHoe ar resolutiaH of
the eity eaaHoil. AotioHa of the oity oouHoil at auoa couHoil
eenfcrcncca ohall be rcotrictca te rc~acBtB fer infermatien
fram the eity maHa~cr or mcmeera of the admiHiatrative ataff,
eemmicaiono or boardo, or dirce~ioRs fer actieR BY tac
admiHiatrative staff.
F. Ue efficial recording or tr::lRocriptieR af eeuRcil
eaHfcreHoca ahall be l"eE{liired. The city Clerk, unless
otherwise directed by the city Council. may limit the record
of Council Workshop Meetinqs to a record of actions taken
("Action Minutes") bY the Council.
SECTION III:
section 2.04.090 of the Chula vista Municipal
meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc.
January 17, 1991 Page 2
8',,/2
Code is amended to read:
2.04.090 Agenda-Submission of items-Preparation-Effect.
A. Preparation and Delivery of Agenda.
An agenda shall be prepared for each regular
containing a brief general description of each
business to be transacted or discussed.
meeting
item of
1. Delivery to City Clerk. Summary of agenda items
shall be delivered to the city clerk not later than Noon on
the Tuesday preceding the regular meeting. Agenda items,
i.e., background and requests for particular actions or
reports, shall be delivered to the City Clerk not later than
ten a.m. on the Thursday preceding the regular meeting. The
clerk shall thereafter prepare the agenda under the direction
of the city manager.
2. Delivery to Council. The agenda, together with
all reports, resolutions and ordinances pertaining thereto,
shall be delivered to the councilmembers on the Friday
preceding the regular meeting.
B. Posting and Public Availability of Agenda.
The agenda shall be posted at least seventy-two hours
before the regular meeting in a location freely accessible to
the public, and be made available to the public as soon as
practicable.
C. Contents of Agenda.
1. The agenda shall specify the time and location
of the regular meeting.
2. Items of business shall be placed on the
agenda at the direction of the city manager; city attorney;
city clerk; a majority of the council; or by a
Council-approved board, commission or committee upon an
affirmative vote of a majority of the entire membership of
said body directing same.
3. For items to be considered as a Dublic hearinq
at anv citv council meetinq. includinq Council WorkshoD
Meetinqs. staff shall notice. and Council shall address. the
Dublic hearinq at the beqinninq hour of the meetinq at which
the Dublic hearinq will be considered. or as soon thereafter
as the council's aqenda mav Dermit in its due course.
meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc.
January 17, 1991 Page 3
3' . /3
4. The Agenda shall provide a section for members
of the public to directly address the council on items of
interest to the public within the subject matter jurisdiction
of the Council.
5. The Agenda shall provide a section entitled
"Mayor's Report" which section shall be reserved for reports
of the Mayor to the City, the staff or the public on matters
of City business. If there is any written material which is
the subject matter of a Mayoral Report, the Mayor or his
designee shall make a diligent effort to provide the city
Clerk with a copy of said written material in sufficient
advance time to permit the inclusion of same into the Agenda
and related material for delivery to the Council.
6. The Agenda shall provide a section entitled
"Council Comments" for Councilmembers to directly address the
City, staff, or the public on items of interest ("Council
comments") to the Councilperson. If there is any written
material which is the subject matter of Council comments, the
sponsoring councilperson shall make a diligent effort to
provide the city Clerk with a copy of said written material in
sufficient advance time to permit the inclusion of same into
the Agenda and related material for delivery to the council.
D. Agenda Package Material.
Whenever feasible, each item on the agenda shall contain
a staff recommendation and the specific action requested to be
taken by the council.
E. Prohibition of Action; Exceptions.
No matters other than those listed on the agenda shall be
acted upon by the council, except as provided in section
2.04.100.
1. A direction by the council to refer a matter not
on the posted agenda raised by a member of the Councilor of
the public, to staff for a report or to place a matter on a
future agenda shall not constitute action.
SECTION IV: Sections 2.04.580 and 2.04.590 of the Chula Vista
Municil Code are repealed:
2.Qt.sao Ceuncilmcmb~rs CO~CRDntieR.
The mcmbcrc sf the eity ce~Rcil sR~ll rccci~c the oem ef six
meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc.
January 17, 1991 Page 4
l'lr
flHBarea BiBety feur dellars aRa fifty ei~h~ eeBts ($(91.58)
per meath as esmpeasatisR fer their aervieco, aD pre~iacd in
Cce"tioR 3€:SlC af "the Cew:ermlleRt OeEie sf "the sta'te, uhich
c~lary saall Be ~ayasle fram ana af~er the first ~ay periea in
JaRaary af 1988 in thc same manRcr aD the oalaries p~ia to
e~her effieerc aRa cmpleyees af the eity te aRa HRtil EeetioR
36$16 e't ee~. af 'the Ceverftmeftt Oaee sf the ~totc of
CaliferRia may se amcndea, aRa the eity eauReil ameRdo thio
erdiRanee in aeeeraaRec ~ith OHea ameHamcnt:s ar iR aeearaaRce
\Ii 'Ea E:eetieR 36516 af thc Ce":e.rRmeRt Cede l3re7idiRfj far oflflual
cast af liviRq iflcreaoes.
~ee. 2.94.599 !layer COBll3cncatiaR.
The mayer af "the eity shall reeei7e the sum of t~e the~sQnd
fiYJC hl:1Raree1. fifty t.'/\'.e aellara aRa fifty sil! cento ($2,552.56)
Jlcr manth as eeBlfleRsatisa far the mayar' 6 Elcr......iecc as f)ravi€lcd
iR S:eetieR 301 af the Charter af the City af ChHla Tliata uhich
shall Be l3a}"'asle frem ana after the firot pal'" 13~rioa iR
Jarularl'" af 1988 in aecarelaRee r....ith 8eet.ioR 36516 af the
Ce~CrRB\ent Cese of the 8tate af Califarnia, 00 i~ l3rcocntly
r~Q.~s 0: ao it may Be 3B\CRdca 13ra7idiRq fer aRnual coot of
I1v1Rq 1Rcrcaaeo.
SECTION V: This ordinance shall take effect and be in full
force and effect on the thirtieth day from and after its adoption.
Presented and Approved as to form by
Bruce M. Boogaard, city Attorney
meeting4.wp Ord re Workshops, Public Hearing Start Times, Etc.
January 17, 1991 Page 5
f"'/S
COUNCIL AGENDA STATEMENT
Item
q
Meeting Date 1-22-91
ITEM TITLE Resolution /'O~- Approving the Estoppel Certificate for
Terra Nova Associates for the Woodcrest Terra Nova Project
located at Hidden Vista Drive and Ridgeback Road
SUBMITTED BY Deputy City Manager Kremp 1 ."!.
City Attorney ,~
REVIEWED BY City Manage!) 4/5ths Vote: Yes___ No~
In September 1989, the City of Chula Vista entered into a development
agreement with Terra Nova Associates for an 86-unit residential subdivision
development. This certificate clarifies the provisions and responsibilities
of the agreement as they apply to the lender and lender's successors and
assigns.
RECOMMENDATION
Authorize the Mayor/City Manager to execute the certificate.
BOARDS AND COMMISSIONS RECOMMENDATION: N.A.
DISCUSSION
On September 5, 1989, the City of Chula Vista entered into a development
agreement for the subject residential development located at Hidden Vista
Drive and Ridgeback Road. In exchange for the City vesting of land use and
density (86 single family houses), the developer agreed to make $850,000 worth
of improvements to an adjoining park, agreed to a time schedule for park
construction and completion and agreed to make certain temporary tot lot
improvements earlier (the tot lot improvements have been made to the
satisfaction of the City).
The park improvements are to be made by September 5, 1992 (3 years from the
date of execution of the development agreement) and prior to occupancy of the
first residential unit.
Woodcrest is now securing construction loans and model loan financing from
Continental Bank N.A., lender. The lender has requested a clarification of
certain portions of the agreement as follows.
q-I
1. A statement confirming the validity and enforceability of the Development
Agreement.
2. An acknowledgement by the City that the Borrower is not in default under
the Development Agreement.
3. An acknowledgement that prior to any amendment or modification to the
agreement, the City will use its best efforts to notify the lender.
4. Consent by the City to the assignability of the developer's rights to the
Lender under the Development Agreement should the Borrower ever default
under his collateral assignment.
5. A clarification that City approval of an assignment of the Development
Agreement shall not be required as a result of a transfer due to a
foreclosure sale.
6. An acknowledgement to date that the Borrower has performed in a
satisfactory manner to comply with his obligations under the Development
Agreement (which he has).
7. A clarification regarding the Lender Park Obligations as follows:
If the City notifies the Borrower of a default in construction
or completion of the Park it shall also notify the Lender.
Lender shall have 90 days to cure the default.
If the default can only be obtained by taking possession of the
property, the Lender shall have 90 days to do so.
8. Following possession and transfer of the site to the Lender, the Lender
shall have 60 days to actually undertake continuation of their
construction obligations.
a.
b.
c.
Woodcrest Development has requested the City's approval of the above terms and
certificate so that it can proceed to obtain construction financing from its
Lender. It is important to note that none of the substantive deal points of
the development agreement have been altered. The developer is still
responsible for making all of the park improvements, within the prescribed
time period to the satisfaction of the City and prior to occupancy of the
first unit. What has changed is a clarification of some of the terms, in
particular allowing the Lender some additional time to cure and complete the
park should the Borrower default on the Lender need to take possession of the
property.
This is by no means ever expected to occur and Woodcrest continues to perform
in a satisfactory fashion. Recordation of the final map occurred on October
3, 1990.
FISCAL IMPACT:
None.
gk1231/c
~~
RESOLUTION NO. 1'4&t)~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE ESTOPPEL CERTIFICATE
FOR TERRA NOVA ASSOCIATES FOR THE WOODCREST
TERRA NOVA PROJECT LOCATED AT HIDDEN VISTA
DRIVE AND RIDGEBACK ROAD
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on September 5, 1989, the City of Chula Vista
entered into a development agreement for the Woodcrest Terra Nova
development located at Hidden Vista Drive and Ridgeback Road; and
WHEREAS, in exchange for the City vesting of land use
and density (86 single family houses), the developer agreed to
make $850,000 worth of improvements to an adjoining park, agreed
to a time schedule for park construction and completion and
agreed to make certain temporary tot lot improvements earlier; and
WHEREAS, the park
September 5, 1992 (3 years
development agreement) and
residential unit; and
improvements are to be made by
from the date of execution of the
prior to occupancy of the first
WHEREAS, Woodcrest is now securing construction loans
and model loan financing from Continental Bank who has requested
a clarification of certain portions of the agreement as follows:
1. A statement confirming the
enforceability of the Development Agreement.
validity
and
2. An acknowledgement by the City that the Borrower is
not in default under the Development Agreement.
3. An acknowledgement that prior to any amendment or
modification to the agreement, the City will use its best efforts
to notify the lender.
4. Consent by the City to the assignability of the
developer's rights to the Lender under the Development Agreement
should the borrower ever default under his collateral assignment.
....
5. A clarification that City approval of an assignment
of the Development Agreement shall not be required as a result of
a transfer due to a foreclosure sale.
6. An acknowledgement to date that the Borrower has
performed in a satisfactory manner to comply with his obligations
under the Development Agreement.
7. A clarification
Obligations as follows:
regarding
the
Lender
Park
-1- 9-.3
a.
If the City notifies the Borrower
construction or completion of the
also notify the Lender.
of a default in
Park, it shall
b. Lender shall have 90 days to cure the default.
c.
If the default
possession of the
days to do so.
can only be obtained by taking
property, the Lender shall have 90
8 .
Lender, the
continuation
Following possession and transfer of the site to the
Lender shall have 60 days to actually undertake
of their construction obligations.
WHEREAS,
approval of the
proceed to obtain
Woodcrest Development has requested the City's
above terms and certificate so that it can
construction financing from its Lender.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the Estoppel
Certificate for Terra Nova Associates for the Woodcrest Terra
Nova project located at Hidden Vista Drive and Ridgeback Road, a
copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Estoppel Certificate on behalf of the City of Chula Vista.
Presented by
~
ttorney
ed as 0 form by
George Krempl, Deputy City
Manager
8368a
Bruce M.
Cf-t{
-2-
~,
.
ESTOPPEL CERTIFICATE
December 5, 1990
continental Bank N.A.
Real Estate Department
231 South LaSalle Street
Chicago, Illinois 60697
Attention: Mr. Michael Holling
Re: CONTINENTAL BANK N.A.
Terra Nova CIL and Models
Development Agreement between
city of Chula vista and
Terra Nova Associates
Gentlemen:
The undersigned, the city of Chula Vista, a charter
city organized and existing under the laws of the State of:
California (the "city"), and Terra Nova Associates, a California
general partnership ("Borrower"), have heretofore entered into
that certain Development Agreement (the "Development Agreement")
dated September 5, 1989, and recorded November 21, 1989, as
Instrument No. 89-631951 in the Official Records of San Diego
County, California, relating to the development of certain real
property (the "site") located in the city of Chula Vista, County
of San Diego, State of california, as more particularly described
in Exhibit "A" attached hereto and made a part hereof.
The city has been advised by Borrower that you,
Continental Bank N.A. ("Lender"), have agreed, subject to the
,satisfaction of certain conditions, to make a $5,645,232 loan
(the "Construction Loan") and a $1,135,381 loan (the "Models
Loan") to Borrower for the construction of twenty-four single
family homes and four single-family model homes on the site. The
Construction Loan and the Models Loan are hereinafter
collectively referred to as the "Loans."
q-r
"
continental Bank N.A.
December 5, 1990
Page 2
The city hereby makes the following representations to
Lender (and Lender's successors and assigns) and/or agrees with
Lender (and Lender's successors and assigns) as follows:
1. Attached hereto as Exhibit "B" and made a part
hereof is a true, correct and complete copy of the Development
Agreement, and the same has not been amended or modified except
as reflected therein. The Development Agreement is in full force
and effect, and, to the best of the city's knowledge, the
Development Agreement is valid, binding and enforceable against
the city and Borrower.
2. To the best of the City's knowledge, Borrower is
not in default under the Development Agreement and the City knows
of no event that has occurred or is continuing which with the
passage of time or the giving of notice, or both, would
constitute a default under the Development Agreement.
3. So long as any amount remains outstanding under
the Loans, the City will use its best efforts to provide Lender
with adequate notice and opportunity to be heard prior to any
amendment or modification of the Development Agreement; provided,
however, that if City fails to provide such notice and/or
opportunity to be heard, any such amendment or modification shall
not be binding on Lender.
4. City hereby acknowledges that it is aware of
Borrower's intent to encumber the site with a deed of trust or
deeds of trust which name Lender as beneficiary and secure the
payment of the Loans or any additional loans made by Lender for
the development of the site. city further grants its consent to
the collateral assignment by Borrower to Lender of Borrower's
rights under the Development Agreement as collateral security for
the Loans and agrees that Lender may exercise all the rights,
privileges and benefits of Borrower under the Development
Agreement upon Borrower's default under such collateral
assignment, subject to the terms and conditions of the
Development Agreement.
5. For purposes of clarifying only the provisions of
section 20 appearing on page 8 of the Development Agreement,
nothing contained therein shall require city's approval of an
assignment of the Development Agreement or Borrower's interest
therein shall not be required in connection with either of the
'following:
(a) a transfer (including, without limitation, a
transfer to Lender or Lenders' successors or assigns) of the site
resulting from a foreclosure sale under any mortgage or deed of
trust encumbering the Site, whether pursuant to the power of sale
Cf - ftJ
'.
continental Bank N.A.
December 5, 1990
Page 3
contained therein or a judicial decree, or by a deed in lieu of
foreclosure, or
(b) a transfer by Lender (or Lender's successors
or assigns), or its nominee or designee, if Lender or such
nominee or designee, is the purchaser at a foreclosure sale or
the transferee following a deed in lieu of foreclosure.
6. Each and every covenant, condition and obligation
contained in the Development Agreement and required to be per-
formed or satisfied by Borrower as of the date hereof has been
performed or satisfied including, without limitation, Borrower's
obligations to install the "tot lot" in accordance with the
provisions of section 12(a) of the Development Agreement.
7. The City hereby agrees that whenever the City
shall deliver any notice or demand to Borrower with respect to
any breach or default by Borrower in completion of construction
of the Project or the Park, the City shall at the same time
deliver to Lender a copy of such notice or demand. Lender shall
have the right, at its option, within ninety (90) days after
receipt of the notice, to cure or remedy any such default and to
add the cost thereof to the security interest debt and the lien
of its security interest. If such default shall be a default
which can only be remedied or cured by Lender upon obtaining
possession, Lender shall seek to obtain possession with diligence
and continuity through a receiver or otherwise and shall remedy
or cure such default within ninety (90) days after obtaining
possession, provided, however, in the case of a default which
cannot with diligence be remedied or cured within such time
period, Lender shall have such additional time as is reasonably
determined by the City to be necessary to remedy or cure such
default of the Borrower. Nothing contained herein shall be
deemed to permit or authorize Lender to undertake or continue the
construction or completion of the Project or the Park without
first having expressly assumed Borrower's obligations to the city
by a written agreement reasonably satisfactory to the city. If
Lender assumes Borrower's obligations under the Development
Agreement, Lender must agree to complete, in the manner provided
in the Development Agreement, the Project and the Park and submit
evidence reasonably satisfactory to the city that Lender has the
qualifications and financial responsibility necessary to perform
such obligations.
8. Following the transfer of all or a portion of the
,site to Lender, any and all obligations set forth under the
Development Agreement to commence and complete construction of
the Project and/or the Park shall be suspended until the earlier
of (a) sixty (60) days from the date of such transfer, and (b)
the date such Lender actually undertakes (if at all) the
continuation of said construction obligations as evidenced by its
9-7
'.
continental Bank N.A.
December 5, 1990
Page 4
written notice to the city. The failure or refusal of Lender to
discharge any of the construction obligations set forth under the
Development Agreement shall not, during the period of time that
such construction obligations are suspended in accordance with
the provisions of this Paragraph 9, constitute a default under
the Development Agreement.
This Estoppel Certificate may be relied upon by you and
your successors and assigns including, without limitation, anyone
acquiring title to the site resulting from a foreclosure sale
under any mortgage or deed of trust encumbering the site, whether
pursuant to the power of sale contained therein or a judicial
decree, or by a deed in lieu of foreclosure, and the successors
and assigns of any such party.
CITY OF CHULA VISTA
By
Its
CONSENTED TO THIS
DAY OF , 1990.
TERRA NOVA ASSOCIATES,
a California general partnership
By: WOODCREST DEVELOPMENT OF
SAN DIEGO, INC., a California
corporation, partner
By
Its
By
Its
By: FULLERTON SAVINGS AND LOAN
ASSOCIATION, a California
state-chartered savings and
loan association, partner
By
Its
By
Its
N1KlO533A02:lj
9-(
KMN:lj
12/05/90
NIK10533.A02
LEGAL DESCRIPTION
PARCEL 1:
Lots 57 through 80 inclusive, of Chula vista Tract No. 89-06, in
the city of Chula vista, County of San Diego, state of
California, according to the Map thereof No. 12732, filed in the
Office of the County Recorder of San Diego County, November 2,
1990 as File/Page No. 90-595322 of Official Records.
PARCEL 2:
Lots 41 through 44 inclusive, of Chula vista Tract No. 89-06, in
the city of Chula Vista, county of San Diego, State of
california, according to the Map thereof No. 12732, filed in the
Office of the County Recorder of San Diego County, November 2,
1990 as File/page No. 90-595322 of Official Records.
EXHIBIT "A"
i-'
.......
L
I'
,j
~- - ,'!~.....
~ ~.;r
89 631951
RecordIng Requested by .nd
l/lIen Recorded Ma n To:
)
)
)
)
)
)
)
)
I
)
)
I
DEVELOPMENT aGREEMENT
~ t7""Cl)fF"-'" l!'i --"
.,~r:~ I.... "'_. '\,-::~. I
;. SAM :a... t ~.."j", r.:..
1505
8~NOV21 AI1IO:2'
I _VE~' L. LYLE I
~Ni : f\E.:;R:J!!...J
I
ornCE Of THE CITY CLERK
CITY HAll
P. O. BOX 1087
CHULA VISTA, CA 92012
(Sp.ce .bo.e for Recorder's use only)
~
~
Cdlif~rnfa Government Code
Sections 65864-65869.5
!
i
.
e
,
THIS DEVELOPMENT AGREEMENT I s entered i r. to as of this ....5..th. d.y
of Seolell1be! ' 1989, by .nd between the CITY OF r.IIJLA VISTA, ..--enlrter
clty org.nlzed .nd e,isting under tho laws of the Stlte of Cllifornla ('CITY.)
.nd TERRA NOVA ASSOCIATES, . C.lifornla generll plrtnershlp. ('PROPERTY
IlINER.). .
RECITALS
1
~
~
THIS DEVELOPMENT AGREEMENT (herelnlfter sQIOtl..s referred to IS thIs
'AGREEMENT") is entered Into on the basll of the followIng flcU.
understandings ~nd intention~ of the parties.
A. CITY's Authority. CITY is .n Incorporlted cIty h.vlng chlrter powers
Ind e.isting under the laws qf the State of C.lifornla. Go.er_nt Code.
SectIons 65864-65869.5, Resolution No. 11933, CITY's Ch.rter, Ind CITY's
self-rule powers .uthorize CI1Y to enter into bIndIng development .gr.....nts
for the de.elopment of re.l property within its jurisdiction wIth persons
h..lng legal or equitable Interests in such re.l property.
8. PROPERTY IlINER's Interest. as of the ..ecution of thIs AGREEMENT,
PROPERTY OWNtR s the owner of the re.l pro~rty loclted within the City of
Chuh Vista, more p.rtlcularly described In hhlblt .A., Ittached hereto,
whIch re.l property Is hereinafter referred to IS the .PROPERTY..
C. Thc ~ROJECT. PROPERTY a.NER IntendS to construct I housIng project
of 86 unTh I, the -?ROJECT.) on part of t~e PROPERTY CO"l'rislng 24.41 .cres
located on an area cOlmtonly referred to by the parties as the Tern Nova
School site ('Terr. No...),
o. The PARK. err... 1~)
the ..nner described and ' n
.ttached hereto (the "PARK',).
i
"S :,j ~ave o~DF~Rn OWNER ccnstruct a :;lark in
the drea '1en~ro\l1y reflected on Exhibit "8",
,1.
,
.
c~,., c~30
.J I
q-/o
,
;
EXHIBIT B
." 4
:
,
I
,
;
,
I
I
,
,
, ,
~
1[7'-.- '. .
E. -fn'ieritfo"s of the Parties. CITY desl,'s to obtain the -'ffndln9
a~n.o~OPERll OWNER to construct the PARK nd PROPERTY OWNER desires
to obtaf'~blndlng agreeMnt of CITY thlt CITY ..111 pel'lll t PROPERTY,QlNER
to construc't .and develop the PROJECT 1n accordance with this AGR.EEJlIIENT~' and
CITY's no~l~rules. regulations and offlc1l1 poltcl.. governing pel'llltted
llnd us.s~~nslty. In foree on the eff,ctlve dat' of this AGREEM~ It
h t~nten.ofMITY _ Ind PROPERTY CAlMER thlt, upon executlon-.:o_thh
AGREEMENT. PROPERTY OWNER will be bound to construct th, PARK' a~mfdeot
herein In.hthlt PROPERTY l)/NER shill hive I ...tad right to c"",pleta the
PROJECT4PROPERTY- OWNER desires to construct the PARK only If (II ,PROPERTY
OWNER Is:granted permission and vested rights by CITY to construc~the
PROJECT .44notl,(lO CITY cooperltes wi th PROPERTY OWNER In relailursln9. If
llreldY plld;Jor ,,"iving Iny Plrt fees due or thlt ..111 bee... due-resultin9
from construction. completion O~ sale of the PROJECT or any part thel~'.
~. Benefit to CITY. ':iTr. Dy 'ilrtue at tl'H! (levelopment )f the PROJECT,
..111 ensure tllltly construction and development of the PARK, and ..111 receive
development Impact fees and other benefits.
G. CITY Action, PROPERTY OWNER hid ap~lted to CITY, pursuant to
Government Code, Sections 65864-65869.5, for approvll of this AGREEMENT. The
City Counc:lI has given notice of hearln9S on thIS AGREEMENT, has conducted
publtc helrlngs hereon pursulnt to Gove......nt Code, Section 65867. and has
found the provhlons of thh AGREEMENT to bo conshtent with CITY's offlclll.
policies 90vernln9 land use In genera' and the applicable provisions of CITY's
generll plan In particular.
H. ~,Mutull Assurances. CITY and PROPERTY OWNER desire to enter Into this
AGREEMENT to give ISsurances to PROPERTY OWNER, upon ....Ich PROPERT'400EA.can
rely, th't PROPERTY OWNER can develop the PROJECT In aceordanco '..Ith and
pursuant to the terms and provisions of thts AGREEMENT and to assure CITY that
the PARK wil1 be constructed pursuant to the te""s and provhlons of thh
AGREEMENT.
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I, Ado tlon of Ordinance, nt. On September 5'
1989 ,.. e 1 ounc a nlnc:o No. 2330
("ffi'(ffiiane,'l. luthorhlng Ind approving thh AGREEMENT. The Ordlnlnce ..111
beco... or beca.. effective on October 5. 1989 . - "
J. Fur,'"r Findings, The City Counetl further found thlt th,
envlrOllllenta' docu...ntatlon certified by th, City Counc:lI, as described below
for th, PROJECT, ..as ldequlte for thh AGREEMENT and satisfies all of the
requlretntllts of the Cal1fornll EnvlronmenUI QUlllty Act ('CEQA'I. CITY hIS
IIlIpO..d a series of .ltlgltton .....ures In connection with the develo~nt of
tho PROJECT to .ltlgate the adverse ll11plcU on CITY trlfflc conditionS Ind on
levels of public services and faellltles ..Ithln CITY. On Auqust 8 , 19!!...J.
the City Councll of CITY ,lClopted Resolution No, 15H9
do::.....ntl ng complllnce ..lth CEOil.
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AGREEMENT I
In leeordaHce ..lth the IMtters recited ~bov', and tn consideration of the
mutual covenjants and agreements contained he ietn, the plrtles agreo as"011 ,ws! -
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EXHIBIT B
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1. Definitions: I~ tIIis AGREEMENT, unl.ss tile context otll.rvlse
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I. CITY Is tile City of Chull Vlsto.
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b. Th. PARI( 1. the olri< d..crlb.d In Exhibit .8. Ittoched h.reto.
c. The PIlOJECT Is tile deYllo~nt of 86 units of .iud residentlll
structures to be con.tructed' Oft.- tile PIlOPERTY, .. .ore plrtlcuhrly repr.sented
In Exhibit 'C'. attoch.d h.reto~
. d. PIlOPERTY OWN~erra Nova As.ocllte., a CIlitornia g.n.rll
o"rtnership, ....ich h.. l.gllifincltequitebla Inte....t in tile PROPERTY, end shin
Include PIlOPERTY OWNER'. .uccasson-In-inte....t.
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2. Own.rshio of prao.rty. PIlOPERTY OWNER reor...nts tG CITY thlt lt
!'1'W11o; t:he \.lWI)I-'t;J ~ ~ r'l f'~j:l ~s of' the date of exet::ut1on of the AGREEMENT.
3. Effectl~e Date. This AGREEMENT and ooll]atlons flr the ~drtle)
hereunder shall De effective as of the effective date of the Ordinance.
4. Blndlng Agr.....nt. This AGREEMENT, Ind In tII. to.... Ind conditions
hereof, snail b. blndlng ullOn Ind lnur. to tile b.n.flt of the olrtl.. and
th.lr r.'o.ctlv. assigns. h.lrs Ind/or otll.r succ.s.or.-ln-lnterest.
5. Ind.pendent Entltl... The-OIrti.. acknowledge tIIlt, In .ntering lnto
and p.rfo""1ng tillS AGREEMUT, PROPERTY !liNER 15 Ictlng .. an Independent
.ntity Ind contractor Ind not a. an 'IOnt of CITY 1n any r.spect.
6. T.rrl Novl _ndment~~ A1l tile condition. loorov.d by CITY for the
adoption of the WOOdCrest.-lerraUlllva IlIendllent for Chllla Vlste Tnct No. 89-6
to tile Rlncho d.l R.y Sectionl" Phnning Area ('Terra Nova ...daent") shan
b. d..med to b. a part of this AGREEMENT. CITY ha. d.te~n.d that tile Terra
Hovl AMendment 15 10 con.15tent with CITY's Sectional Phnnlng Area Phn;
Itl1 compltlbl. with the ord.rly dlv.lopoent of oroperty In tile ar.1 descrlb.d
tn the Terra Nova Amendment; and (110 not det~l..ntal to tII. h.~ltll. slf.ty
and gen.ral w.lfare of tile cl tl zen. of CITY. Furtll.r. CITY will fOooperate ; n
proc.sslng of the specifiC phn and tentethe ..ps for tile Prap.r1y ....lch both
plrtl.. Icknowl.dge will en.ure ll1pl_ntotlon of tills AGREEMENT and
d.v.lo~nt of the PIlOPERTY.
7. Dev~lo~nt and Construction. Dev.lo,..,nt and constructlon of tII.
PROJECT .m, to e pllce ...'oIlOWS:
I. S~gle FI.fly Ow.lllng.. The PROJECT shill consist of and
PROPERTY ;MHE1fSliall be Inowe<l to construct on tile Prap.rty I 11I..1_ of B6
slngle-faml1y dwelling" .ach dwelllng contalnlng Uo to 3,000 square fe.t and,
in additlon, a thr.. (3) car gange, an in blO story configurations.
b. Beginntng Constructton. PR(IPERTT OWHER shall co"",""ce the
PROJECT as soon as posslbl. but at least .1thln sh 161 years of the date of
this AGREEMEHT.
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e. Completlon of PARK. Pr""",tly .ftel' c....letfon of tIl. PAAIC. tile
CITY sh.n by resolutton accept tile PAAIC fol' .1ntanance. SUch acceptance for
..Inten.nce shall be conclusl.e e.ldence th.t tIl. obligations fol' tIl. PROPERTY
()/NER to constnlct the Park impro....nts h... been _to and PROPERTY MER
shall be entitl ed to discharge of ;he bonds securing construc:t~o' of the
tmpro....nts. Completion of such 1.pro....nts sh.lll not. howe..... disch.rge
PROPERTY ()/NER' s ob li ga ti on to keep in effeet; fol' tile 1 ength of tIl. lIndsc....
" . . - _inten.nc. period. bonds seel/l'ing .intenlnce:~tI\h~.rAltKlt1l11dsclping.- - Said -,,-
hndsc.,. .intenance shall be fol' . perfod orup tG' on. 11) ye.I' until
acceptance by the City' 5 Park and Recreltlon DePlrtMnt.
f. Model Homes. Anything herein to the contl'.ry notwithstanding.
PROPERTY ()/NlR may complete model homes to be used for s.les pU!'poses befo",
cOllll1etion of the PARK. ~,! '._ ..,.O":i"~~ "
8. Pel'llits and -'P.2Hcltlons. enT wf11l!liia..' to PRpPg:1"OIINER.."upon
PROPERn ()/NlR' s Ippllcltlon the...fol'. - ial..-necessarY'ffrni,wdeVelop..nt
penoi ts. bull dl ng penot ts. utll ity hookups. occupancy certi fic.tas .nd otllel'
required perwl ts for the develo".nt. construction. us. and occupllICy of tIl.
PROJECT, subject to (1) c""",H.nce witll tIli.... AGREEMEM'T. eln s Sectfon.l
Pl.nning Are. Plan. and the approved Tentativ, MaP. (which substanti.lly
confonlS to Exhibtt .0. attached hereto). .nd (ii) p.,..nt of eln's usu.l .nd
custoelry 'e.s Ind charges It the rata gener.lly in ..istenee .t tile ti_ such
applications. penolts and certificates .1" requested .nd otller particul.r fees
and ch.rges applicable generany tIlrough eln fol' tIl, s_ Ictivity. CITY
sh.n process PROPERTY ()/NER's appHcatlons fol' building penrtts, occupancy
certificates or penoHs, utll t ty hootups, Ind other required penot ts,
Including plrk impro.ement drawings, expeditiously Ind with due diligence.
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9. Elle"!leney CIl'CUII!Stances. If, as a resul' of specific facts, events
,-_" 0,. ct_unces, ~I" ftnds that a seve... and t. Jdlate eMrgeney th...at t4
tht htalth..' saf.ty .nd 'gen.rll welfare of cm requl...s tht .odtflcaUon,
susplnston or tlnatnltton of this AGREEMENT, CITY will:
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." "_ Notfflcltlon of Unfo...seen CfrcUIISunc.s. Notffy PROPERTY OWIIER
~ of (f)-CITY's' c1etenn'nat10n, .no (111 tnt "'lSon fo,. CITY's deteratMt10a and
III focts upon ""tch r.lSons .... blSed;
b, Notfc. of H.lrin~. Notffy PROPERTY OIINER In wrlttng at 1.lSt
fourteen 1141 oays pr10r t4 t . hurlng, of tile date, tf.. and plaCt of the
hurtng Ind forwlrd to PROPERTY OIINER, I II1nl_ of ten 110) days pMO,. to tht
helring described in paragraph c below. all documents re~lted to such
r1etennination <3nrf I"'~a~ons therefor; and
c. rle~rir.g. rlCIQ d "e<:ir1n3 vn the determlnHlc.n dt lIfnien ned.rln~
PROPERTY OIINlR wl11 ha.. tn. right to .ddr.ss tn. City Councl1. At the
concluston of such h..rlng, the City Councl1 may tat. .ctlon to suspend thts
AGREEMENT. Th. City r.ouncil "",y susp.nd tnls AGREEMENT if, It tilt conclusion
of such h.lrlng, b.s.d upon tn. ..Id.nc. pr.senttd by the parttts, CITY finds
th.t the susp.nslon of this AGREEMENT Is r.qulred to notd .n I_dlltt Ind
s...r. thre.t to tn. h..lth, s.f.tt .nd g.n.r.l w.lf.r. of CITY.
PROPERTY OWNER shall not b. obligated during the period of any such
suspension to (1) do any Ict required h.r.under, (11) .pply for I flnll or Iny
d...lopment p.""tt or bul1dlng p.nolt, (It1) co_nc. construcU...., or (lY)
proceed wtth constructton pr..lously commenc.d.
10. A~p1tcabl. Rul.s, RAguhtlons and Pol1cl.s. Th. ag....lItlIt shall vest
d.nstty In land us. only. All oth.r rul.S .nd ...gulatlons shall bt those tn
aff.ct at the tt... of Issuanc. of bundlng p.nolts.
11. Annu.l R..f.w. CITY shall r..lew this AGREE/'IENT at 1.lSt onc. .ach
yur follOWing tn. .ff.ctlY. d.t. h.reof In Iccordanc. wtth Gov........t COClt
S.ctt on 65865.1. Ourlng uch p.riodlc r.vtew by CI TY, and I f requested by
CITY, PROPERTY OWNER shall b. r.qulred to d..onstrat., and h.reby ag....s t4
furnish. such .vldenc. s.tlsfactory to the City ""n.g.r .nd/or City Council of
good faith c""Pllanc. with the t.".s h.reof IS CITY may r.lSonably requl....
Good faith co...l1anc. shall bt de_d _nstrated by evld.nc. that PROPERTY
OWNER hIS tlr .ly coanenc.d Ind prosecuted d...lopooent .nd constJ'llcUon of tilt
PROJECT and th.t PROPERTY OIINER nlS perfo"".d tts obl1gltlons IS descrlb.d
h....ln.
12. :JoV.l0mPlt of PARK. PROPERTY OIINER agrees that approval of the
PROJECT 11 sub eet to tn. to".s .nd conditions of this S.ction 12. This
AGREEMENT constlt.t.s pe".lssion and ..sted rights granted by CITY to PROPERTY
OWNER to construct the PROJECT p'Jrsuant to the t.""s and conditions of thts
AGREEMENT in consld.rltion of, alllOng oth.r things, tho obligations 15s_d by
PROPERTY OWNER und.r this Section 12.
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EXHIBIT B
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"* vR'i a. TlI* l~;-de~;:;bed ;: EXtifliftS..'+-; 'd -.i. w CGI\I e
by PROPERTY OWNER such thlt 1 t 1$ reldy for ICC( snce of ..Intenanc. by
PROPERTY ()INER OIl or befo... thot elrH.r to occur of III tII.... (3) Y.ln after
the elite of tills AGREEMEIIT, or Illl two (2) yeln following rocorelltlon of tII.;
...p for the propart;y.illl oleflned.ln section 7Id). ,PropartyJ._r~,"shll1
Install . tellPOrl~"'ot:' wlthln-f!SlltJW(60)l;I days.. ofelPPI'OYI"Ol;!Jllthl ,
" -Ig...-t;. i$:,'ROPQ.I'I;t~ERtlcknowledgeS' tIIa~ 'Vldln9ffor.ath~t"ARlIifsba I
.:, occur concurrentli:,.Wftll:Wla vadlng 0'. th. PROJEct:, Ind PROPERTr'OlIll....upae , ..
, .'. to- ha_,tII. phygroundfequf,..nt antip'ay1n,~I.'dl' Inltened~tIMW'~.
reldy for Icceptanc. by CITY, befo... occupancy of the flnt unl t. ' '
. 13. No ~I~;:S. 'Constl"Uctlon IS h.;;'1"j;";~;ded sh"111 ~b:;'~~~-:
Ind shill 1'.11... PRupERTY OWNER f..... Iny park f.. or slwl1ll'"lSses_nt, by,
CITY. . .
14. ~encrnent ~," ':d'lCe~':1t,Jr,. E.x.ceot d') expressly to :ne contrary
provided her-e1n, this AGRU:.Ht.NI lilY be ._n<led or cancelled tn .nole or in
plrt only by mutu.l consent of the plrtl.s Ind only In tII. ~nn.r provided for
In Go..rnment Code Section 65868.
15. Enforce.blllty. Unless _nded. clnee".d or te...ln.ted IS provided
h.reln. .nd except IS pro.lded In Sectlons 9 .nd 21 t111$ AGREEMENT shan be
enforc'lble .ccordln, ~ Its tonos.
16. Default.
I. PROPERTY OWNER sh." be In defeult under tills AGRED4E1IT only upon
I finding Ind clete...lnltlon by CITY'. City Councfl. It.. duly IlOtlced and
conducted pubHchhelrlng, ..de If tel' pal'lodlc ...vlew' III provided for In
Go..rnment Code S.ctlon 65865.1. Ind S.ctlon n h....lnlbo... and on tII. basls
of substantial evidence, thlt PROPERTY OWNER hIS not cOllplf.d In good flltll
with the t.ras Ind conditions of tills AGREEMENT.
b. In tIIa ev.nt of a defaul t by PROPLRTY OWNEIl Ind during the
continuation of such default. CITY 11I1 to...lnate tills AGREEMEIIT ... the partial
WIY ...dl fy tills AGREEMENT, In whoI. or In part. 111 In accordane. with
Government Code S.ctlon 65865.1. CITY's faflu... to ...dlfy or te....nate tIIll
AGREEMENT .ft.r I flndln, of PROPERTY OIIIIER'. deflult purSUAnt to Section
16(1) heretn shall not constitute a walvll' of such def.ult by CITY durl., the
contlnu.tfon of SUCh def.ult. In no event. how..er, sh.n CITY's right to
t.....ln.te tills AGREEMENT In .ccord.nc. wltII tills section 16(b) be construed III
. w.h.r or l1..ltatlon on CITY's right to pursue remedies by Judicial .ctlon.
T.....ln.tlon of tills AGREEIlENT shill op....te prospectlv.,y only and sh.n not
.ffect .ny ""ralt, Ippronl or .ntltl_nt tIIeretofore gr.ntod PROPERTY ()INER
or .ny .ested right th.retofore Icqutred by PROPERTY OWNER.
17. Notice of Oefa.lt .nd Cura. In tile event of .n.ged deflult or
bre.ch Of .ny to..., or conditIons Of tills AGREEMENT. tho p.rty .n.glng such
def.ult or breach sh.l1 gh. ..h. oth.r party not less tII.n t111rty (301 d.ys,
notfce In writing speclfytng tII. n.ture of tII. .11.ged default and tile _n.r
tn which SUCh default lilY be satisfactorily cu...d. Ourlng..y SUCh tIIlrty
(30) day perio~. tile p.rty ch.rged lilY co_nel and tIIere.fter diligently
proceed to 'Jr.~'J^" ~fa.lt. In such ...nt. the party ch.rged Sh.n not be
consld.red '0 'Iul t or bre.ch for purposes of edlflc.tlon or t....I...tlon,
Institution of 1'9.1 proce.din'ls, or denlll of IsSUlnc. of .ny pe...lt.
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EXHIllIT B
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;:g It S1lcll default sllall continue.,.tt.. notice ""cI. ..pl..tfon ot said .
. '.' ",tll1.ty'(JO).day perlod. th"oth.. p.I"t}l'l\~tIl1sN;II. EEMENT,ll.t, lts'opUon. .nd i . .:,,.,i1'
, " du.lng the contlnu.tion ot 'ucll def.ult,'''Y lnsUtllu .1ega\-MPl'OCeedlngs ~_
.:' 'pursu.nt . to this AGREEMOO or gh~otfce':of.Tfntent..~te...fn.uti,tIlfp~ '
, .' GIlEEMENT._ pursu.nt to C.1ffornfl"'GoY.rnlllellt....ICOde.,sectloMU5868..ncl.
, gulltfon...ot, CITl' flll!ll_ntfng safd.Go..._nt"'~ectlo~ollbw1n,
. noUce ot fntent to temfnate. the ...tte,..sll.ll be scheduled' tor conslc1e..Uon
:~.. ..nd~reYlew by the City Councl1 .ltll1lt:rlIIfrty.(JO.d.~tIl.reatt''8f~the ~4.' '
., ..nn'I" s.t forth in Goy.rnment Cod. Sectfons,6S8.6S"'6S86~lI!d(6S868#'and'.ny ,~.;.
. CITl' M!guhtlons lmpl_ntl ng said sectfons to', th.. .xt.n~" not--flnconshtent
w1t1'1 said Government Code Sect1oM. If, afte..- such consideration and review,
the City Councl1, on the basis of ,ubstantlal .Yldence, rules that the default
or br~~c~ ~O€,-:if;,,~ '''I ,:k~ f;..o;t .,-':1,=e l"tH l'1ot been cured. the!'! CITY ~y act
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18. Remedies Uoon Def.ult. If. legal .ction o. proceeding Is b.ought by
efther party because of a default under this AGREEMENT, or to enfor"Ce a
provision hereof or for decl.ratory M!1fef, the .artles shall II... the
rellil!d1es of specific perfol"Tllance, mandamus, injunction, and other equitable
r_dies. In any lHlgatlon, botn parties shall bear th.l. own costs.
19. Governmental PronfbHlons. PROPERTl'. CIINER and CITl' ..y sl.l1uly
also b. .xcused Ir"", tne perto",,",nc. ot tll.i. obligatfons h...under In the
event of adoption of 31Y state or federal law or regulation enacted dur1"q the
tem of this AG,EE,~ENT, or the action O' inaction ot ar.y oth.. aff.cted
goy.mmental jurisdiction which pM!cludes cOllplianc. wltl\.. one 01" .ore
proY1slons of this AGREEMENT, or r.qulr'$fchang.s."fn .pllns,;/j"psllOl" 1l'l...lts "l..,
app.oY.d by CrTl' (ci.cumstances collecth.Iy M!f.rM!d to h.reln as
-Govermental Prohibitions.), In the event at any cfrcul'Ktance of
Gov.mmental Pronlbition, tne p.rti.s will act pursuant to the following
paragraphs (a) and Ibl.
a. Notice; M..,tlng. The party first b.comlng aware ot sucn
Goy.mmental ProMi bitl on w111 proYI de the oth.r party "I th written notfc.
the..of. and with notlc. of any sucll state 01" f.der.l ]a" or regulltlon. .nd
provide a copy of such law or regulation. and I stat~nt regarding its
conflict "fth the provisions of this AGREEMENT. The parties will p,..,.",tly
....t and confer In a good faith and r.asonabl. atteftlpt to IIlOdlty 01" susp.nd
tills AGREEMENT to 'omply In lfgllt of such Goy.rnmental Prolllbltlon. A copy of
any sucll notlc. which is ,ent to PROPERTl' OWNER shall also b. s.nt to the
holde. of any trust deed .ncunil.rfng the PRo.lECT 01" the PROPERTl', It such
1I01d.r lias made written request fo. notlc., and p.oYlded CITY with the
holder's reque":.t for Mttce purposes.
b. Hearing on Supers~ss1on of AGREEMENT. Thereafter, regardless of
whether tne parties reach agreement on the effect of such Governmental
Prohibition, thO! matter ""Ill je scheduled for hearing before the City Council
no ,oon.r than ten (10) days foll...1ng wrHt.n notlc. to PROPERTY CII~ER of
sucll hearing. Cfty Councl1, at ,ucn hurlng, "111 detel'1ll1n. the exact
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EXIIlhIT B
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0l]l01". terw1natlOll- ""lch1s..,""",,jre4all~te
De'Ye ropir':'" I t ~th.' heil"f~iiT'Ji 'ViIt!iiIR9h tl'BI6f'e
OI"l Ind thn tntl"","y regarding any proposed ;tlon by CITY. My
d catfOlt~uspen;.1" te,..lnltlon shall be subject to~i~l1C:h~~,re,..e;.~,~,
20.. CovtnlnU ~unnln1bWlth the Land. It Is Intendecl..and".dete,..fnecl.. that, '
provlslonl,or' tills A ltJollNT shall constitute covenln~fchhhll~run "JIl5i. .
with,,: the' PROPnTY,' i:Th. notice and hearing procedUreS'<i'~Govenwen~Co~
nfonS"6586~roUglf065869,5 shall not apply to obtatnln ons...~of'CIlT to. '.
the,::asslllptfOlt:: ~t..:.th.. .beneflts and burdens of this AGIlEDlDlT. b.l, a '.
ucClssor-lnaflltTres!:'I:'ot\'PROPERTY OWNER. PROPERTY OWN 1USf9nfl\iII...... ,
,. eileffU'of'thfI"'AGRED4re(part1ally 01" ,,"ol1y) to other~y Icqulre'ln' .
_. ," fnterest In the. PROPERTY or the PROJECT and at tile discretfon' of PROPER~...., ."..,...
OOERW'retafnrnh''l!burdens Imposed on PROPERTY"" OWNER.r,b1lJthIS~AGREEllEH 11"......
PROPERTT'OWNER;"'ltI"sueeessors Ind assigns hereby agree to"notffy CITY of the "
'!!S'!if'1nmel'lt ",f ""l~ "'1""'''''''''''' I'" ..".., ~~'" '\~ ~;1 -,.. 1..... ~~..tlon 'Jf tr,e ponPERTv
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21. Sev~rllbll1ty. .ne ,Jr,:;.n,lJn of this AGREE."1E~T are severable. If any
I",.......terhl woro.. pnrue. sentence, paragraph, sectfon 01" provision of this
AGREEMENT Is determined by a court having jurisdiction to be Inoperable,
Inva11d, unenforclable, 111.ga1 or otlle"'ise contrary to law, tills AGREEMElIT
will be autollltleally terminated unless within fifteen (15) days after said
detenolnatlon the party holding rights under the Inva11datlng provision
affll'lls tile balanee of the AGREEMENT In writing, In tile event of any
Inconslsteney alllOng the express tenns of tills AGREEMElIT, CI'TY's zoning
ordinances, CITY', approvals referred to in tills AGREEMENT relating to the
PROJECT or CITY's rules. regulat:1C1ns and o~f1c1al policies. the express ~ms
of this AGREEMENT shall control,
~- '2.:."!"'-,~~<, Notf,,""'All. notices required 01" provided fOI" .~;:ttJ,fs~'AQlrom.~"
shall bo-';;--writlng. shall be delfvered In person or by certified ..11,
postage prepaId, Iddressed to tile parties IS follows:
CITY:
, ;...~
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City of Chula Vista
Planning Oepartment
275 4th Avenue I
Chula Vista, Call~ornla 92010
Attn: G.!orge Krempl
WI th I copy to:
City of Chula Vis ta
larks and Recreation Department
276 Fourth Avenue
Chula Vista, CA nOlO
Attn: Manuel A. Mol1inedo
.~~~
.~
PROPERTY OWNER:
ferra Nova Assocfates, in ~are of
~/oodcrest Development of San Diego. Inc.
!;473 Kearny Vf11, Ro,d, Suite 110
~an DIego, C,llfornl, 92123
Attn: Mr. Wayne A. earnett
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...._. -.' 200 PT'1lspect Street. Sulh 575
._ a Jolla. Cll ffornfa 92037
, " - ttn: Stlven II. ROIIIIlOff. Esq.
-'. .
The~p1ace to which notice Ill)' ba sent ...'/ be .,dffled fr.. tl..
-c:--- 'to tiN upon_~~~1C8 to that effect.: -- ,. "'. -'''~ X:'... ~ "
.. ..?: 24'''''iTent~0 AGREEMENT. This, A~E~'"'~hlll~';~"'~o::-:: fifth
, .' (5th) InnlYersary",date of till effectfve"dlta..of thls. AGREEMDIT: provided
". .,,';;: however. nOb/lthstindlnq the foregalnq.' If PROptRTY' OWNER' satisfies ',j
obl1gat1ons yursuant to ~ctlon 12. thls AGREEMENT shall te...lnlte on.
c"",pletlon of the PROJECT. the PARK. and plrk ...Intenlnce period. Afte,.,'"
<::'l(O{"lt;~r'r r:" j:'ull 'i"l~;C,"1-:~:-'''', ':~e D.}"':;f>~ ');'.1]11 elef'llte ;,n lDOr"O::;l!'"iate
..~.,.- l'~ ,-l"...' ~,' .,0 ,-'...' '.hp -.(,..., .,~;
Sdn Jieg0 County.
25. Prior to recordltlon of the flnll "'P. the Developer shall
participate In Mello-Roos COftIllUnfty Flcllltles Olstricts with the Chuh Vista
Elementary School District and the Sweetwater Union High School Olstrlct
respectlvel,/.
-I-
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26. Miscellaneous Provisions.
~
a. Interpretation. As used In this
conte.t may r.qul..... the singular Includes the plurll
masculine gender 1nc1 udes the fe",1n1'ne and neuter
reference to__.person..- includes fira and corporations.
AGREEMENT. and,s the
and vtce versa. and the
and vfce versa and I
'1 1."'." _; -"..
b, Recordation. Upon e.ecutlon of this AGREEMENT. CITY shill
promptly arrongo! for its recordltlon within t.n (10) days after this AGREEMEHT
hIS b..n .nter.l Into as provided In Gover_nt Code, Section 65868.5.
I
c. coo~eratfon. The partfes shall cco~er4te in perfonnance of
this AGREEMENT and s all. upon request, execute lnd delher all documents
Ipproprlate to carry out the provisions, purposes and Intent of this AGREEllEHT._
"'J-
d. - OIJplfcote Counter~. For con.enfence. the partl.s "',/'
execute and acknowledge th1s Awn. in duplicate counter-parts, or on
s.parate slgnatur, pages which, when Ittach.d hereto. shall constitute this as
one (1) compl.te AGREEMENT.
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"'.:~~~ TERAA'NoVA ASSOCIATEs. '.' .
corpor~llfornla general Dlrtnershlp
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the City of Chula Vista . I :'" VP
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STATE.OF.-: I .
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JOt: , COUNTY QF. ./, "';:fO l
~. . . "-'O,,~thh/,,!~edI10h
9 ,before lIle,.the'un ers nt.. ry
',Sta ,personally Ippel~
lI.lIlt [ known to 112 ( . 1 1 t,o be th.f......-""
- ~r.... 'person .no executed the with" nstnment IS 0 ~~
. . . . WOOOCllEST OEVELOPMEH OF SAIl DIEGO, IHC., the co TO oq, execute the
~. :. --.' with!!! lns~nnenh..lnd actnowledged,.to, III that 511B--' ItJE-~ecu~di.th~
. S....?IS,L generu;; partneJ"'.(of&:rERRAI.IlOY.('1ASSOClA Wo-rnl~e~a~
. partnership. the partnership that executed the withl ns_nt; 'and- that". _ -.
;.;...._~ '., safd partnership e,(ecuted the saN. "Tr'~ . ,~
.;7;;ES5 "1 h.nd and official seal.
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County Gnd State
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STATE OF Californto
55.
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COO NTY OF
San 01eQo
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On thIs LOt'!. day of Novtmber" . In the y.o~
19--.8.9.. before net the unaemgned. . Notary Publ1c 1ft and for- SiIQ County and
Stile. personally appear h,perijono I" known to III ~N-"" __,_
, .' person,. "" . .
executed thIS .lnstn.onent as Mayo~' o"the Clty-o u *-~o Municipal. """'r'.
corporation organfzed and exhting unde~ the laW$ 0' the.State of California
and aCkn""ledged that the Cfty 0' Chuh Yhta executed it: ,-~' .
WITNESS ~y hand and offf,lal seal.
~/1I4fj{,fi~~'tf~
No ary u ! c n an or $I
County and State
e ');FICIAL SEAL
-," GUA,OAlU~ E LUcao
0. .' flQ7A.l!Y Pu8UC . CAU'OIlHlA,
Stolt OlECO ttunT
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os omONS 0 1;OTI.~ ';A'.Tc1to9fo~i'5, IN TIll
c%TY 0' CHULA Y1ITA, COUNTY 0' SAN 01100, s1~ . 0' CA~%'OANIA, ACCOROIN~ TO
THI MA~ THIRIO' NO. 10051, '1~10 IN THI o"lcl 0' THI COUNTY RICOAOI~' "
'AN onGO COUNn,. APRIL 3, 1981, LYlNQ SOUTHllIL.Y AHD IASTUL.Y 0' THI .,,1' ':
,QU<l'flNQ oucuno UNI: .
ar01N/UN" AT THI MOST NOATHU~Y CORNU 0' uU LO,.....C.f~THINCI SOUTIt..... . ~
, ]1'02'20" UST 156.38 HIT TO THI TAUI POINT 9' nQZNNINOI THINCI'NOAtI4.U..~
, , llZ'32'SI\" \lEST S6.a~ nET! THINCI NOATIt 79'04 28" IIIST 97.38 'UTI THINCI " .
~~~~~~,~~~Oe;;~"6~~~; ~~i~.I~~~6~ ~~~~~~~=l~'~l.a~.:~ rlj~~oS~~~ THIMC
:' SOUTH 13'42'32" \lUT 68,32 IIn' THINCI'SOUTN 05-5.'21. lAST 38,04iPUT
~; THINCI SOUTH 07'55'18" lAST 72.Sa '1ITIlTHINel IOUTK,1%~47'l%~ IAsY:85~6
'tIT: TH"CI 'OUTN 18'43'28" lAST 44,99 'IITI THINel IOUTM 25'33'15~IAS
II,S' "'" -.'":1 ,~""" :S'47'C2" EA'T ~) 15 'lIT: THINCI 'OUTH 00'C3'30"
>IS! )... :,J '!:Ci" -0(1<.. .H.w :5 ;J',~" .r.Sf ~) ~s 'liT; n.(lolCI SOUTH
Jl'Z~'lo .E'T ls.oO FliT' THiHCI ,OUTH 47'46'42" WIST ~6.34 FI5T' THINCI
,OUTH ~8'16'39" WIST 65.3i 'liT; THINCI 10UTM 47'00'5'" lAST 29.a~.'IIT:~
THIHCI ,OUTH 59'35'59" lAST 124.79 '51T TO A POINT ON A 61.04 'OOT RA01US
CUAVI COHCAVI NORTHIALT A RAOIAL LINI IIAAS NOATH la'OS'S2" \lIST: THIHCI
NORTHEAST5RLY ALONQ THI ARC 9' SAIO cUAVI THAOUOH A CINTRAL ANOLI 0'
45'51'42" A OISTANCI 0' 48.89 'lIT TO THI BIOINNINO 0' A TAHOINT 30,00 'OOT
RA01UJ CUAVI CONCAVI SOUTHIA~Y; THINCI SOUTHIASTeALT A~ON~ TNI AAC 0' SAID
CUAV' TlIROUGH. A CEHTRAL ANOLI 0' 32 '01' "" A DUTANCI 0' U.77 'UT TO THI
B1Gt:I,"tNO 0' A TANGIHT 300.00 'OOT RADIUS CUAYI CONCAVI \llInALYI THINCI
")'JrHUSHR~Y A~O~: THI ~Rr. 0' ~AI\I CURVI THAOUGH A clNTAAL ANOLI 0'
20'OJ'31" A OISTANCI 0' 105.03 '!IT' THINCI SOUTH 06'34'27- lAST 97.35 'liT
TO THE BEGINNINO 0' A TANGENT 670,O~ 'OOT RA01US CUAVI COHCAVI WISTERLT: '
THINCI SOUTHERLY ALOHO THI AAC 0' SAID CURVI THNOUOH A CINTRAL ANOLI 0'_ .
24'43'56" A DUTANCE 0' 289.24 ,eIT TO THI 1I0lHNINQ 0' A TANGINT 25:30" ,
1cor RAOIUS CURVI CONCAVI NOATHIIISTIALY; THINcl SOUTHWESTEALY ALONG THI AA~
0' SAIO CURVI. THROUGH A CIHTRAL ANOLI 0' 77.]5'26" A OUTANcl 0' 34.26 fin
TO THE SEGIN"INO 0' A TANGINT sa.oo ,OOT ll.<OIUI cUAYI cONCAVI SOUTHERLY:
THCHel ~ESTtRLY ALONO THI ARC 0' SA10 CUAVI THAOUGH A C5NTRAL ANGLI 0'
06'26'43" A OISTANCI 0' 59.51 'liT TO THI MOST SOUTHElILY CORNIA 0' SAID LOT
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f ..~~~ _~," y-~_~;. ~?;..~~:.;;~~ 1< . ~,.~'t
, Terra Nova Park will be expanded
aubatantially aa abown on the Concept Plan
Develo~t Agre~ent es Exhibit -8.-
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and reconstructed
attac.',ed to the
-'-.".' ,~rk i~~:- 0-,-".::; to be C'''r ~-",-':'""'~ ,)r provided by
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rtlousalld Gcllars ($850,~OO.OO), Including design, engIneering,
installation and maintenance. These improvements shall be .ad.
solely on th~ property described as Terra Nova Park on Exhibit
.C,. except that the city may require Woodcre~t to install ni9ht
lighting for two (2) ball fields located in some other City park.
In the event that the City does require such offsite lighting,
then the cost of providing such offsite lighting shall be
credited towards the amount Woodereat is required to spend for
Parx improvements. The Park improvements may include tvo (2)
multi-use ball fields, an e"Grcis. cours. incorporating exi..inq
fitness stations, a play structure including separate sections
for rlifferent age groups, a gazebo/ community gathering facility,
a Viewing overloo~with"gazebo and picnic table., three (3) ~
smaller structures for picnicking and gathering, a tot lot, e
hitching station and improvement or th6 existing equestrian
trail, two (2) night-lighted tennis courts, a comfort station
with storage area, additional picnic tables and COOking qrill.,
an off-street parking area, security lightin~, a!night-lighted
basketball court, additional walkways, D.G. jog~in9 trails and
standard park fixtures. !
The above desiqn element. and components ot the Park
shall not be modified except upon written agreement between the
City of Chula Vista and Woodcrest.
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COUNCIL AGENDA STATEMENT
Item JD
,J Meeting Date 1/22/91
Resolution '~Amending Resolution 15823 and
15825 to place the Budget Officer in
Executive Management in salary band "E-2"
-,
SUBMITTED BY: city Manage~- (4/5ths Vote: Yes__NoXX)
The city Manager is in the process of filling the Budget
Officer position and has determined that the salary and
benefit level should be adjusted prior to appointment of
the position. This adjustment is based on the philosophy
that it is better to make an appointment reflecting what
the true salary should be, rather than being based on
promises of possible corrections later on.
ITEM TITLE:
RECOMMENDATION: That the City
resolutions amending the salary and
Officer.
council adopt the
benefits of the Budget
BOARDS/COMMISSIONS RECOMMENDATION:
DISCUSSION:
Not applicable.
Middle Manaqer Salarv Study
As part of the FY 90-91 salary and benefit package with
the Middle Management group, (i.e. the informal bargaining
group for all mid mgrs.) the city council authorized a
salary survey to bring middle managers "in line" with our
recrui ting market, as well as addressing internal
alignments. This project is in the works and is estimated
to be completed in 4 to 5 months. When proposing a change
in the salary and benefit level of a position such as
Budget Officer, which has historically been tied to the
Assistant Department Heads, we would normally recommend a
change in those positions also. However, since this study
is in progress staff believes it would be premature to
recommend any other changes until the study is completed.
Budqet Officer
The Budget Officer position has always been perceived to
have a high level of authority within our city structure.
This became most evident during our hiring process, which
indicated to staff that a change may be appropriate. The
level of responsibility and authority for managing the
budget process is on par with the responsibilities of
other executives. For example, the Budget Officer is key
/0" {
is ensuring that all city-wide expenditures are
appropriate in comparison to the level of revenue
available. I look to this position to be pivotal in
guiding our city through proposed economic changes.
Recruitment has been completed and I am recommending that
this position be moved from the Middle Management category
to Executive Management and that it be placed in salary
band IE-2" ($50,160 - $75,600). In addition, as part of
this change I am recommending that the title of Budget
Officer be changed to Budget Manager to more accurately
reflect the level of responsibili ty afforded this
position.
Attached for Council's information and background are the
FY90-91 salary and benefit resolutions for middle managers
as well as class specifications for the Budget Officer as
it currently exists.
FISCAL IMPACT:
The proposed adjustment to salary and benefit levels for
the Budget Manager will be funded with existing salary
savings. However, the net cost increase this year will be
$5,659.38.
Ii) .1-
RESOLUTION NO.
/(00"1/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING RESOLUTION 15823 AND
15825 TO PLACE THE BUDGET OFFICER IN SALARY
BAND "E-2"
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, staff is in the process of filling the Budget
Officer position and has determined that the salary and benefit
level should be adjusted prior to appointment of the position; and
WHEREAS, it is recommended that this position be moved
from the Middle Management category to Executive Management and
that it be placed in salary band "E-2" ($50,160 - $75,600); and
WHEREAS, the level of responsibility and authority for
managing the budget process is on par with the responsibilities
of other executives and warrants this move, as the Budget Officer
is key in ensuring that all city-wide expenditures are
appropriate in comparison to the level of revenues available; and
WHEREAS, the City Manager recommends that the title of
Budget Officer be changed to Budget Manager and that it be placed
in Executive Management to more accurately reflect the level of
responsibility afforded this position.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby amend Resolution 15823 and
15825 to place the Budget Officer in Salary Band "E-2".
Presented by
Approved as to form by
;L1h.
John Goss, City Manager
8439a
Bruce M. Boogaar
C1ty Attorney
/0-3
COUNCIL AGENDA STATEMENT
Item-1L
Meeting Date 1/22/91
ITEM TITLE: Resolution l"oZ,-z. Approving the Final Map and Subdivision
Improvement Agreement and Authorizing the Mayor to Execute
Said Agreement for Chul a Vi sta Tract 88-3, EastLake Greens
Unit 8
Resolution Ihb~ Approving an Agreement with the
Developer of EastLake Greens Unit 8 Subdivision needed to
Satisfy Tentative Map Conditions of Approval No. 30 and 31 (c)
SUBMITTED BY: Director of Public wor~
REVIEWED BY: City Manager,) (4/5ths Vote: Yes___No~)
t
On July 25, 1989, by Resolution No. 15200, the City Council approved the
Tentative Subdivision Map for Chula Vista Tract 88-3, EastLake Greens. The
Final Map and associated agreements for Unit 8 are now before Council for
approval.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
.
The project is generally located south of Clubhouse Drive between South
Greensview Drive and Hunte Parkway and consists of 96 lots for single-family
residential units and one lettered lot for open space.
The Final Map for Chula Vista Tract 88-3 Unit 8 has been reviewed by the
Publ i c Works Department and found to be in substantial conformance with the
approved Tentative Map. Approval of the map constitutes acceptance of sewer,
dra i nage and tree plant i ng easements and reject i ng the open space lot and 2
foot access easement within the subdivision as shown on the map. However, the
City reserves the ri ght to accept the rejected open space lots and access
easements in the future per Section 66477.2 of the Subdivision Map Act.
Tentative Map Condition of Approval No. 30 required the developer to enter
into an agreement whereby the developer agrees that the City may withhold
building permits for any units in the subject subdivision if traffic on Otay
Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed
the levels of service identified in the City's adopted thresholds. Condition
31(c) required the developer to agree to waive the right to protest the
formation of any assessment district for the construction of street
improvements to connect Orange Avenue and Palomar Street to existing
improvements to the west of the subject property and to not protest inclusion
of the subject improvements as projects in the Eastern Territories Development
Impact Fee system. The developer has executed an agreement to sat i sfy these
Ii - (
Page 2, Item [I
Meeting Date 1/22/91
requirements.
agreement and
improvements.
for approval.
The developer has paid all applicable fees. All conditions of approval have
been met except for condition number 80 which will be addressed in a separate
report on this agenda. The item has been placed on the agenda at the
developers request so that Council can consider their compliance with
condit ion 80.
The developer has also executed the subd i vis ion improvement
provided appropriate bonds to guarantee construction of required
The final map and associated agreements are now before Council
A plat is available for Council viewing.
FISCAL IMPACT: Not applicable.
WPC 5402E/0048Y
SE:EY-337
If - 'L
RESOLUTION No.~b~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP OF CHULA
VISTA TRACT 88-3, EASTLAKE GREENS PHASE 1 BIC,
UNIT 13, ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS DEDICATED ON SAID MAP,
REJECTING OPEN SPACE LOTS GRANTED ON SAID MAP
AND ACCEPTING THE EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION, AND APPROVING THE
SUBDIVI SION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 88-3, EASTLAKE GREENS PHASE 1 BIC,
UNIT 8, and more particularly described as follows:
Being a subdivision of Lot 20 of Chula Vista Tract 88-3
EastLake Greens Phase 1 BIC, in the City of Chula Vista,
County of San Diego, State of california, according to
Map thereof No. 12545, filed in the office of the County
Recorder of San Diego County, January 26, 1990.
Area: 17.636 Acres
Lettered Lots: 4
No. of Lots: 97
Numbered Lots: 96
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of
land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Silverado
Drive, Bay Hill Road, Half Moon Bay Drive, Spanish Bay Road,
Bodega Bay Drive and Discovery Bay Drive, and said streets are
hereby declared to be public streets and dedicated to the public
use.
BE IT FURTHER RESOLVED that Lot A for Open Space, public
utilities and other public uses and the two foot access easements
are hereby rejected.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista the easements with the right
of ingress and egress for sewer, drainage and street tree
planting and maintenance, all as granted and shown on said map
within said subdivision, subject to the conditions set forth
thereon.
II.. 3
-1-
BE IT FURTHER RESOLVED that the Ci ty Cler k be, and she
is hereby directed to transmit said map to the Clerk of the Board
of Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said
Council has approved said subdivision map, that said public
streets are accepted on behalf of the public as heretofore stated
and that lot and the two foot access easement are rejected for
Open Space and other public uses, and that those certain
easements with the right of ingress and egress for the
construction and maintenance of sewers, drainage structures and
street tree planting as granted thereon and shown on said map
within said subdivision is accepted on behalf of the City of
Chula Vista as hereinabove stated.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement for Chula Vista Tract 88-3, EASTLAKE GREENS
PHASE 1 B/C, Unit 8, a copy of which is on file in the office of
the City Clerk, is hereby approved.
BE IT FURTHER RESOLVED that the Mayor
Chula Vista is authorized and directed to execute
for and on behalf of the City of Chula Vista.
of the City of
said Agreement
Presented by
Approved as to form by
Bruce M. Boogaard, City Attorney
John P. Lippitt, Director of
Public works
84l9a
11-'/
-2-
RESOLUTION NO.
1'0 z. 3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH THE
DEVELOPER OF EASTLAKE GREENS UNIT 8
SUBDIVISION TO SATISFY TENTATIVE MAP
CONDITIONS OF APPROVAL NO. 30 AND 31 (c)
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, on July 25, 1989, by Resolution
Ci ty Counci 1 approved the Tentative Subdi vis ion
Vista Tract 88-3, EastLake Greens; and
No. 15199, the
Map for Chula
WHEREAS, Tentative Map Condition of Approval NO. 30
required the developer to enter into an agreement whereby the
developer agrees that the City may withhold building permits for
any units in the subject subdivision if traffic on Otay Lakes
Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street
exceed the levels of service identified in the City's adopted
thresholds; and
WHEREAS, Condition 31(c) required the developer to agree
to waive the right to protest the formation of any assessment
district for the construction of street improvements to connect
orange Avenue and Palomar Street to existing improvements to the
west of the subject property and to not protest inclusion of the
subject improvements as projects in the Eastern Territories
Development Impact Fee system; and
WHEREAS, the developer has executed an agreement to
satisfy this requirement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve an agreement with
FAIRWAY RIDGE PARTNERS, developer of EastLake Greens unit 8, to
satisfy Tentative Map Conditions of Approval No. 30 and 31 (c), a
copy of which is on file in the office of the City Clerk.
BE
Chula Vista
agreement on
IT FURTHER RESOLVED that the Mayor
is hereby authorized and directed
behalf of the City of Chula Vista.
of
to
the Ci ty of
execute said
John P. Lippitt,
Public Works
8426a
Director of
Approved as to form by
,<of: ~~~
Attorney
Presented by
11-5/II-h
EAs1LAKE GREENS PHASE J B/C
jyjAP /0. J 2545
~::----'-"'--
,- --
-- --
, LOT'A'OPEN SPACE -__
12 11 10 9 8 7 6 5 4
16
17 96 76 59
18 95 78 75 60
19 94 79 74 61
93 80 73 62 RANcHO JANAL
20
,.; 81
21 I 92 72 63
22 - 91 82 71 64 jyjAP NO.9a9
23 90 83 70 65
84
, 24 I 89 69 66
95 49 48
25 89 67 ~
26 86 - "'0-----
4 35 36 37 38 39 40 41 42
1/-7
EASTLAKE GREENS
RICK ENGINEERING COMPANY
CIVIL EH&INEERS : PI..NIlI.. CllN5\A. TANTS : SURVEYORS
5620 FRIARS ROAD SAN OIEiO. CALJFORNIA 12110 (III) 211.0107
30.. PIO PICO DRIVE CARlSIAD, CALIFORNIA 12001 (II') 72'-4"7
315 $. RANCHO SANTA FE RO. SAM IIUCOS. CA 120.. (lit) 744-4'"
UNIT NO.8
PROJECT NlMIER
SCAL.E 1'. 200'
11175
DATE 11-1-90
to .~.
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 92010
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this
of , 199 , by and between THE CITY OF CHULA
municipal corporation, hereinafter called "City., and CENTURY
CORPORATION, 23421 S. Pointe Drive, Suite 200, Laguna Hills,
California 92653
hereinafter called .Subdivider.;
day
VISTA, a
AMERICAN
WIT N E SSE T H :
WHEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as
EASTLAKE GREENS PHASE laic UNIT 8
pursuant to the provisions of the Subdivision Map Act of the State of
California, and in compliance with the provisions of Title 18 of the
Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the
Council for purpose of recording in the Office of the County Recorder
of San Diego County, or, as an alternative thereto, Subdivider shall
enter into an agreement with City, secured by an approved improvement
security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code, agreeing
to install and complete, free of liens at Subdivider's own expense,
all of the public improvements and/or land development work required
in said subdivision within a definite period of time prescribed by
said Council, and
Form No. CA-410
Revised 11/90
/1-'(
-1-
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the pUblic 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
subject to certain requirements and conditions,
Resolution No. 15200 , approved on the l8th
, 19~("Tentative Map Resolution"); and
as
day
been approved,
contained in
of July
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 90-0806 throuqh 90-814 inclusive , on
file in the office of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said pUblic
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $774,772.00.
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 Resolution; to do and perform or cause to be
done and performed, at its own expense, wi thout cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the pUblic
improvement and/or land development work required to be done in and
adjoining said subdivision ("ImprOvement Work"); and will furnish the
necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by this
reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Wor k, and tha t
Subdivider has installed or will install temporary street name signs
if permanent street name signs have not been installed.
{I" f
-2-
,
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 third anniversary date of Council approval of
the Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not be
issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof serving
said building or structures approved by the Ci ty; provided, however,
that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of THREE
HUNDRED EIGHTY SEVEN THOUSAND THREE HUNDRED EIGHTY SIX ($387,386.00)
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 in the sum of THREE
HUNDRED EIGHTY SEVEN THOUSAND THREE HUNDRED EIGHTY SIX ($387,386.00)
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, 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 NINETEEN
THOUSAND DOLLARS ($19,000.00) (per private engineer's estimate)
to secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
1'''10
-3-
,
'.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of the
Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the
City, as are approved by the City Council at the time of engaging the
work to be performed. Upon certification of completion by the City
Engineer and acceptance of said work by City, and after certification
by the Director of Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment thereof,
may be released to subdivider or its successors in interest, pursuant
to the terms of the improvement secur i ty. Subdivider agrees to pay
to the City any difference between the total costs incurred to
perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds
from the improvement security.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer,
his sureties or bondsmen, be liable for the payment of any sum or
sums for said work or any materials furnished therefor, except to the
limits established by the approved improvement security in accordance
with the requirements of the State Subdivision Map Act and the
provisions of Title 18 of the Chula vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan Checking, inspection, materials
furnished and other incidental expenses) incurred by City in
connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with
City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City, Subdivider
will be responsible for the care, maintenance of, and any damage to,
the streets, alleys, easements, water and sewer lines within the
proposed subdivision. It is further understood and agreed that
Subdivider shall guarantee all public improvements for a period of
one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the
acts or omission of Subdivider, its agents or employees in the
performance of this agreement, and that upon acceptance of the work
by City, Subdivider shall grant to City, by appropriate conveyance,
the public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a waiver
of defects by City as set forth hereinabove.
If ,.11
-4-
. ~ , 1
.
. .
13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or
omissions of SUbdivider, its agents or employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect and
hold the City, its officers and employees, harmless from any and all
claims, demands, causes of action, liability or loss of any sort,
because of or arising out of acts or omissions of Subdivider, its
agents or employees, or indemnitee, related to this agreement;
provided, however, that the approved improvement secur i ty 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,
modi fica tion of the veloci ty of the water, erosion or sil ta tion, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall city, by said approval, be an insurer or
surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
l4. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from any
claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the City, advisory agency, appeal board, or legislative
body concerning a subdivision, which action is brought within the
time period provided for in Section 66499.37 of the Government Code
of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
R: CENTURY RICAN FORPORATION
~.A.--~ . ..
Mayor of the City of Chula
Vista
ATTEST
//.p.
13:1
Clerk
or:!
1/. rt..
Clty Attorney
(Attach Notary Acknowledgment)
-5-
. <'
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount: $387,386.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount: $387,386.00
Exhibit "C"
Improvement Security - Monuments:
Form: Bond
Amount: $l9,000.00
Securities approved as to form and amount by
City Attorney
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement.
Ol56a
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A+ \J
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-6-
. I. .
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IIlr. "-,, ,"" l
"
EXECUTED IN TRIPLICATE
BOND NO. 2144468
PREMIUM: $4.649,00
.. .
, '
BOND FOR FAITHFUL PERFORMANCE
WHEREAS, The City C~uncil of the City of Chula Vista,
State of California, and CENTURY AMERICAN CORPORATION
(here~nafter designated as
"pr~nc~pal") have entered "into an agreement whereby principal
agrees to install and complete certain designated public
. improvements, which said agreement, dated
19 , and identified as proj Qct EASTLAKE GREENS PHASE Is/c UNIT 8
, ~s hereby
referred to and made a part hereof; and
WHEREAS, Said principal is'required under the terms
of said agreement to furnish a bond for the faithful performance
of aaid agreement.
NOW, ~HEREFORE, we, the principal and
DEVELOPERS INSURANCE COMPANY , as 15urety, are
held and firmly bound unto the City of Chula Vista, hereinafter
called "City", in the penal sum of THREE HUNDRED EIGHTY SEVEN THOUSAND
THREE HUNDRED EIGHTY SIX AND NoIIOO dollars ($ 387,386.00 )
lawful money of the united States, for the payment of wh~ch sum
well and truly to be made, we bind ourselves, .,our heirs,
successors, executors and administrators, jointly and severally"
firmly by these presents.
~ The cO~di~ion of,this ?bligation i5 such th~t i~ ~he
abo~e~unded pr~nc~pal, h~s or ~ts heirs, executors, adm~n~s-
trators, 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 altera-
tion 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 the City of
Chula Vista, 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 a 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 the City in succc1515fully
enforcing such obligation, all to be taxed as costs and in-
cluded in any judgment rendered.
The surety hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the
It-IV
\
,
.'
.r",' ..-~'
.
-2-
agreement or to the work to be performed thereunder or the
s~ocification6 accompanying the sarne shall in anywise affect
its obligations on this bond,'~nd 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 speci-
fications.
In addition to the'Acts bonded for pursuant to the
. agreement incorporated above; the following acts and performances
are additionally subject to the terms of this agreement:
\, \ J ~;
In witness whereof, this instrument has been duly
exeouted by the principal and surety above named, on 15TH
JANUARY I 19 91 .
I
........ / ',)
BY~~~ ~
DAVID L. MILLER, ATTORNl1:Y-IN-r'ACT
,
"
,
,
)
. ?Y/- ~\ v.I'.
.' ) ~
,
-
DEVELOl.'ERS INSURANCE COMf'l\:.'lY \ ;.
Surety
.~~
APPROVED AS TO FORM:
17780 FITCH, IRVINE, CA. 92714
Suroty Addross
City Attorney
PW-E-34
II-rr
.
,..
...., ,~. .
EXECUTED IN TRIPLICATE
BOND NO. 2144465
PREMIUM INCLUDED IN
PERFORMANCE BOND
BOND FOR MATERIAL AND LABOR
WHEREAS, the City Council of the City of Chula
vistl\, State of California, and CENTURY AMERICAN CORPORATION
(hereinafter designated as
"Principal") have entered into an agreement whereby principal
agrees to install and complete certain designated public
improvements, which said agreement, dated
19 , ,and identified as project EASTLAKE GREENS PHASE IBjC UNIT 8
, 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 l5 (commencing with Section 3002) of Part 4 of Division
3 of the Civil Code of the State of California.
NOW, TlIEREFORE, said principal and the undersigned
as corporate surety, are held firmly bound unto the City of
Chula Vista and all contractors, subcontractors, laborers,
materialmen and other persons employed in the performance of
bhe aforesaid agreement and referred to in the aforesaid Code
of Civil Procedure in the sum of THREE HUNDRED EIGHTY SEVEN THOUSAND
THREE HUNDRED EIGHTY SIX AND NO/lOO dollars ($387,386.00 ), for
materials furnished or labor thereon of any kind, or for amounts
du!~unaer the Unemployment Insurance Act with respect to such
work or labor; that said ~urety 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 the
City of Chula Vista 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 (commencing with Section 3082) of Part 4 of 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 thin bond be fully performed,
then this obligation shall become null and void, otherwise it
shall be and remain in full force and effect.
II--If,
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'.
."
-2-
The Burety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of gaid agreement 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, alteration or addition.
In witness whereof, this instrument has been
duly executed by the principal and surety above named, on
'JANUARY 15 19 91
':~
\,~C-~t1,~,
l'j / \ \ \
CENTURY AMERICAN CORPORATION
Contractor
BY:
, ':.
J L I
,','
':'
DEXELOPERS INSURANCE C~~lYl
Surety
APPROVED AS TO FORM:
17780 FITCH, IRVINE, CA. 92714
Sure;y Ad<lress
,ar\'~Cit:.y,Attorney
PW-!-34
{'-n J ", 18
.
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
NQ
063959
P,O, BOX 19725, IRVINE, CA 92713 . (714) 263-3300
NOTICE: 1. All power and authority herein granted shall in any evant terminate on the 31st day of March, 1992
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red ink.
4. This Power of Attorney should not be returned to the Attorneyjs)-In-Fact, but should remain a permanent part 01 the obligee's records.
KNOW ALL MEN BY THESE PRESENTS. that, except as expressly llmited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not Jointly, hereby make, constitute and appoint
"""DAVID L. MILLER, SHELLEY E. SMITH, LUCILLE RAYMOND, JOINTLY OR SEVERALLY"""
the true and lawful Attorney(sHn.Fact, 10 make. execute. deliver and acknowledge. for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of
suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars ($l,SOQ,OOO) In any single undertaking; giving and granting unto said Attorney{s)-in-Fact full
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of
said corporations full power of substitution and revocation; and all of the acts of said Attorney(sHfi~Fact, pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial institutions, lease
bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutlonsadopted by the respective Boards of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney,
qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis-
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power 01 Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed toany such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attor-
ney or certificate bearing such facsimilesignalures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of
suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 2nd day of January. 1991.
By
VJcJ;a- a. ~
DEYELOPERS INSURANCE COMPANY
~
Harry C. Crowell, President
INDEMNITY COMPANY OF CALIFORNIA
~
Harry C. Crowell, PreSident
By
By
By
VJcJ;a- a. ~
ATTEST
ATTEST
Walter A. Crowell, Secretary
Walter A. Crowell, Secretary
STATE OF CALIFORNIA l
) 55.
COUNTY OF ORANGE l
On January 2,1991. before me, the undersigned. a Notary Public Inand for said State, personally appeared HarryC. Crowell and Walter A. Crowell, personally known to me (or proved to
me on the basis of satisfactory eVIdence) to be the persons who executed the within instrument as President and Secretary on behalf of Indemnity Company of California and as President
and Secretary on behalf of Developers Insurance Company. the Corporations therein named, and acknowledged to me that the corporations executed it.
WiTNESS my hand and offiCial seal.
~/~ota::UbIiC ~
Signature
OFACIAl SEAL
VIRGINIA M, LOU MAN
NOTARY PUBLIC. CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUhTY
My Commission Exp. Apr. 9, 1993
CERTIFICATE
The undersigned, as Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the
foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine. California, this 15TH day of
JA!LI.!i\RY
,199 .1
l.C. Fiebiger
Senior Vice President
DEYELOPERS INSURANCE COMPANY
INDEMNITY COMPANY OF CALIFORNIA
L.C. Fiebiger
Senior Vice Presldenl
~e.~
By
~e.~
By
10-:110 REV 12/90
/1-/1
. :.., "
l'Kl'..;\l1L'j"1: f~_O. UU
SURVEY MONUMENT INSTALLATlON nOND
KNOli AI,L MEN BY TllESE PRESENTS, That I/lve CENTURY AMERTCAN CORPORATION
as I:he subdivider and Principal, il,nd the DEVELOPERS INSURANCE COHPANY
a Corporation of the State of CALIFOHNTA " as Surety, are held an
firmly bound unto 't:he City of Chula'Vista, a mun~cipal corporntion, in th
County of San Diego, ,State of California, and to and for the benefit of a
and all persons who may suffer damage by reason of the breach of the con-
di tions hereoj~, in the penal sum of NTNETEEN THOUSAND DOLLARS
($19,000,00 ) lawful money of the United States of America, to be paJ.c
't:ha said City of Chula Vista.
llliEREAS, the said Principal is presently engaged in subdividing
certain lands 1:0 be known as EASTLAKE GREENS PHASE 1 Blc UNIT 8subdi vision in the
City of Chula Vista, in accordance with the Contract'for Completion of
Improvements authorized by ReSOlution , and
NHERE1\S, the said Principal desires not to set durable monuments
prior to the recordation of the final map of the subdivision 'and desires
to get sarna at a later date,
.
NOH, THEREFORE, the condition of the above obligation is that if 1:.
Principal shall have set durable monuments of the survey by
name 0
, as per the final map.of said SUbdivision, a copy of
EngJ.neer) ,
is on file with the City Engineer of the city Of Chula Vista, refer-
to which said map is hereby made and same is incorporated herein as
h here set forth in fUll, and according to the ordinances of the City'
ula Vista in force and effect at the time of giving of this bond, on
efore the expiration of thirty (30) consecutive days following complet
acceptance of public improvements within said subdivision, 't:hen the
gation Shall be void, otherwise to remain in full force and p.ffect.
IN WITNESS WHEREOF, the
r hands, this 15TH day of
said Principal and Surety have hereunto set
JA , 19 91
I !yn~~_- ~C- 7YJ:k=.v jJ
C 'tf ,RY~';;;~R;C~PORATION - Y .
~ (rrincipal) ,
.
OVED AS TO FORHl
CJ.ty Attorney
DEVELOPERS INSURANCE COMPANY
DY~ ~ (SU~~
A~in-Filct
DAVID L. HlLLER
177S0 FnCII, IRVINE, CA, 92j]/,
(SurQty Address)
- --
~
W-E-34
11-11!" ~ fl..O .
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.,
.
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY
NQ
063958
P,O, BOX 19725. IRVINE, CA 92713 . (714) 263-3300
NOTICE: 1. All power and authority herem granted shflll in any event terminate on the 31st day of March, 1992.
2. This Power of Attorney is void If altered or if any portion is erased.
3. This Power of Attorney IS void unless the seL'! IS readable, tr-:e t '5 in br,-'wn Ink, the sigroi'tl.Jres are in hlue Ink and this ncliee is in red Ink.
4. This Power of Attorney should not be returned to the Attorney(sl-In-Fact, but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each
severally, but not jointly, hereby make, constitute and appoint
"""DAVID L. MILLER, SHELLEY E. SMITH, LUCILLE RAYMOND, JOINTLY OR SEVERALLY"""
the true and lawful Attorney(sHn-Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of
suretyship in an amount not exceeding One Million Five Hundred Thousand Dollars ($1,50Q,QOO) in any single undertaking: giving and granting unto said Attorney(s)-In-Fact full
power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each 01 said corporations could do, but reserving to each of
said corporations full power of substitution and revocation; and all of the acts of said AttorneY(S)-in-Facl. pursuant to these presents, are hereby ratified and confirmed.
The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contrac:~ of suretyship:
Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bonds, bonds on financial Institutions, lease
bonds, insurance company qualifying bonds, self-insurer's bonds, fidelity bonds or bail bonds.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986:
RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney,
qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assls.
tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attor-
ney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and In the future with respect to any bond, undertaking or contract of
suretyship to which it is attached.
IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec-
tive Presidents and attested by their respective Secretaries this 2nd day of January, 1991.
INDEMNITY COMPANY OF CALIFORNIA
~
Harry C. Crowell, PreSident
By
IJJdM a, ~
DEVELOPERS INSURANCE COMPANY
~
Harry C. Crowell, President
By
By
By
IJJdM a. ~
ATTEST
ATTEST
Walter A. Crowell, Secretary
Walter A. Crowell, Secretary
STATE OF CALIFORNIA)
I SS.
COUNTY OF ORANGE )
On January 2.1991, before me. the undersigned, a Notary Public in and for said State. personally appeared HarryC. Crowell and Walter A. Crowell, personally known to me(orprovedto
me on the baSIS 01 satisfactory evidence) to be the persons who executed the Within instrument as President and Secretary on behalf of Indemnity Company of California and as President
and Secretary on behalf of Developers Insurance Company, the Corporations therein named, and acknowledged to me that the corporations executed It.
WITNESS my hand and offlclal seal.
tI/~Notat:"bnc ~
CERTIFICATE
OFACIAl SEAL
VIRGINIA M, LOUMAN
NOTARY PUBLIC. CALIFORNIA
PRINCiPAL OFFICE IN
ORANGE COUhTY
Uy Commission Exp. Apr. 9, 1993
Signature
The undersigned, as Vice PreSident of INDEMNITY COMPANY OF CALIFORNIA, and Vice President 01 DEVELOPERS INSURANCE COMPANY, does hereby certify that the
foregoing and attached Power of Attorney remains in fulllorce and has not been revoked: and furthermore, that the provisions of the resolutions of the respective Boards of Directors
of said corporations set forth in the Power of Attorney, are in force as of the date 01 this Certificate.
ThiS Certificate is executed in the City of Irvine, California, this ---1.2:TH dayol JANIJARY .___~~, 199L
INDEMNITY COMPANY OF CALIFORNIA
DEVELOPERS INSURANCE COMPANY
10 ~10 REV 12/?O
II - '2 u
Le. Fiebiger
Senior Vice President
By
-/c~
By
/c~
LC. Fiebiger
Senior Vice President
Recording Requested by:
CITY CLERK
when Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 92010
\ 1-\ \ S ~ ~Rlr/lM ~
$V BJ"e;CT To
E"A STt... AKis COYJ $, g-rJT
No transfer tax is due as this is a conveyarf'clJ ?~11l!T ;V~/"'I,<Jg:
to a pUblic agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
AGREEMENT
This Agreement is made this day of January, 1991,
by and between THE CITY OF CHULA VISTA, California ("Chula
Vista") and FAIRWAY RIDGE PARTNERS, a California General
Partnership ("FAIRWAY RIDGE"I.
R E C I TAL S
A. WHEREAS, FAIRWAY RIDGE is the owner of real property
located in Chula Vista, California, which is more particularly
described in Exhibit "A", attached hereto and incorporated herein
by reference. ("property" I
B. WHEREAS, FAIRWAY RIDGE is about to present to the
City Council of CHULA VISTA for approval and recordation, a final
subdivision map of a proposed subdivision to be known as EASTLAKE
GREENS, UNIT 8, Chula Vista Tract 88-3 pursuant to the provisions
of the Subdivision Map Act of the State of California and in
compliance with the provisions of Title l8 of the Chula Vista
Municipal Code relating to the filing, approval and recordation
of the subdivision map.
C. WHEREAS, a tentative map of said subdivision has
been approved, subject to certain requirements and conditions, as
contained in Resolution No. l5200, approved on July 18, 1989.
NOW THEREFORE, in consideration of the mutual terms and
conditions contained herein, the parties agree as follows:
l. Traffic. The Director of Public Works of CHULA
VISTA ("Director") may suspend the issuance of any building
permits for the construction of any improvements on the Property,
upon finding, in his sole discretion, reasonably exercised, using
-1- 1(-;1(
industry accepted standards, including but not
California Department of Transportation Highway
Traffic Manuals, that at any point on the following
streets:
limited to,
Design and
sections of
a. Telegraph Canyon Road
Interstate 805 and Otay Lakes Road);
(which runs between
b. Otay Lakes Road;
c. Eastlake Parkway between Otay Lakes Road and
Orange Avenue;
d. East H street between Interstate 805 to the
easterly end thereof.
the "Levels of Service", as measured using the Intersection
Capacity utilization method exceeds the adopted Traffic Threshold
Standards, as duly adopted by the Chula Vista City Council on
November 17, 1987, by their Resolution No. 13346 ("Traffic
Thresholds").
1.l If the Director should make such a finding as
referenced in this Section l, then the Director shall, within
five (5) days after making such a finding, provide FAIRWAY RIDGE
written notice of such finding.
2. Assessment District. FAIRWAY RIDGE shall not
protest formation of an assessment district for the construction
of street improvements to connect Orange Avenue and Palomar
street to existing improvements to the west of the Property and
to not protest inclusion of the subject improvements as projects
in the Eastern Territories Development Impact Fee System.
3.
au thor ity of
public play.
Public Play at Golf Course - Agreement recognizing
Ci ty to condi tion Golf Cour se permi t on permi t ting
A. Duty to Secure CUP.
Eastlake Development Co. agrees that, regardless of the
zoning authority of the City to so require, they will not engage
in, conduct, operate or occupy the Golf Course until they have
applied for and secured a conditional use permit from the City
for the purpose of conducting and operating a golf course on the
property, or any portion of the property, which is the subject
matter of the Tentative Map.
-2-
!f"l.;Z-
B. Conditioning Authority of City.
Eastlake Development Co. further agrees that, and agrees not
to protest the fact, that the City is vested with the authority
to condition any such permit for the operation of a golf course
on such conditions as the City shall deem just, which conditions
shall include all conditions which a municipal authority may
lawfully impose on such "conditional use permits" as a lawful
exercise of their zoning power, and, without regard to whether a
municipal authority may lawfully impose a public play condition
as a lawful exercise of their zoning power, which conditions may
further include all conditions which the City deems appropriate
to impose with regard to permitting the public to play at the
golf course.
4. Agreement Runs with the Land. The burden of this
covenant is for the benefit of the land owned by the City
adjacent to the real property which is the subject matter of the
subdivision Chula Vista Tract 88-3. The burden of this covenant
touches and concerns the real property which is the subject
matter of the subdivision Chula Vista Tract 88-3. It is the
intent of the parties, and the parties agree, that this covenant
shall be binding upon, and run wi th, the owner Ship of the land
which it burdens. As to each lot which is the subject matter of
ths proposed subdivision, the encumbrance created by this
covenant shall dissolve of its own accord automatically lO days
after the City issues a building permit for habitable development
thereon.
5. 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 di rected, or in lieu thereof, when three (3) bus iness
days have elapsed following deposit in the U.S. mail, certified
or registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph
by giving written notice of such change to the other party.
Facsimile transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 4th Ave.
Chula Vista, CA 92010
Attn: Engineering Department
FAIRWAY RIDGE PARTNERS
c/o Century American Corporation
Ronald C. Metzler
2342l South pointe Dr., suite 200
Laguna Hills, CA 92653
-3-
/1').>
with a Copy to:
PETTIS, TESTER, KRUSE & KRINSKY
18881 Von Karman, 16th Floor
Irvine, CA 92715
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other
party in the manner provided in this paragraph. Facsimile
transmission shall constitute personal delivery.
6. 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.
7. 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.
8. 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.
9. Reci tals; Exhibits. Any reci tals set forth above
are incorporated by reference into this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
FAIRWAY RIDGE PARTNERS, a California
general partnership
By:
Mayor of the City of
Chula Vista
By CENTURY AMERICAN CORPORATION
a California Corporation
Managing General Partner
Attest:
City Clerk
By
Ronald C. Metzler
Senior Vice President
Approved as to form by
EASTLAKE DEVELOPMENT COMPANY
Bruce M. Boogaard
City Attorney
844la
By
Robert Santos
-4-/1"2'/
LOT 20 OF CHULA VISTA TRACT NO. 88-3, EASTLAKE GREENS PHASE 1 BIC, IN
THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE MAP THEREOF NO. 12545, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 26, 1990.
EXCEPTING THEREFROM ALL OIL, OIL RIGHTS, MINERALS, MINERAL RIGHTS,
NATURAL GAS RIGHTS, AND OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN,
GEOTHERMAL STEAM AND ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING,
THAT MAY BE WITHIN OR UNDER THE PARCEL OF LAND HEREINABOVE DESCRIBED
WITHOUT, HOWEVER, THE RIGHT TO DRILL, MINE, STORE, EXPLORE AND
OPERATE THROUGH THE SURFACE OR THE UPPER FIVE HUNDRED FEET OF THE
SUBSURFACE OF THE PROPERTY.
.""
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(~vised 7/25/89
RESOLUTION NO. lS199
(
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING TENTATIVE MAP FOR EASTLAKE GREENS, CHULA VISTA
TRACT 88-3
follows:
The City Council of the City of Chula Vista does hereby resolve as
WHEREAS,_ the proposed subdivision for the EastLake Greens area
encompasses 830 acres of land located in the eastern portion of the City of
Chula Vista east of I-80S and south of otay Lakes Road, and
WHEREAS, the subdivision includes streets, open space, church sites,
commercial lots, park sites, school sites, condominium lots and sing~e-family
lots, and
WHEREAS, the Environmental Impact Report, EIR-86-4 was considered
previOUSly, and
WHEREAS, on June 2l, 1989, the Planning Commission, by a vote of
6-0, recommended that the Council approve the EastLake Greens Tentative Map
subject to the fOllowing:
c>
On an interim basis, Parcels R-24, R-25, R-26, R-27, and R-28 shall
be zoned at the target density of 4.5 dwelling units per acres. A maximum of
4,034 units will be approved for EastLake II until such time as the
guidelines for exceeding the target density for the General Plan Update are
resolved. The fOllOWing procedure will occur to determine additional
density, if any, for the EastLake project.
a. specific guidelines for exceeding the target General Plan
density will be adopted;
b. The adopted General Plan policies will be applied to determine
the incremental units to be added to EastLake II.
c. The units from the new calculation will be distributed to these
five parcels or other unsubdivided portion of EastLake Greens
Tentative Map.
d. The SPA Plan and Tentative Map will be returned to the Planning
Commission and City Council for adoption of the increased
density, if any.
NON, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve the tentative map for EastLake Greens, Chula
Vista Tract 88-3, based on the findings set forth herein and subject to the
following conditions:
"
Engineering Department Conditions:
(
'-....
,
1.
Public improvements required in this resolution shall include, but not
be limited to: A.C. pavement and base, Concrete curb, gutter and
-1- 11--). ~
"
,<
(
(
(
(
,
(
'sidewalk, traffic signals'," street lights, traffic signs, street trees,
fire hydrants, sanitary sewers, water and drainage facilities.
':":=~~~-' ~.. ~ "'-," ,........ "- -
All impr.6vemenES':-:-shall De designed and constructed in accordance with
City'standards.
2.
The cTever~r shall be-responsible for:
a. The construction of public street improvements
on:.lIlle.otentat.i ve: 'ffiap;i\lI.i thin.' ,tne'SUbdi Vision;~
-=:-::;:'~.':)2~.?7:;- :i": =':-:'"92 ::: ~ar::: :...:::::=:..~:: :
of all streets shown
- -- -.
=-~:--...:....o"'':'""
. ",b; '.: "!'he =,..-~s:trtiCtiOh"'of :public ~ street..., improvements for all off-site
p::>rtions of otay Lakes Road, Hunte parkway, Palomar Street and
a-range.: AVent.les:al:ong..~t!le, fun~llmgth: 'Of-~thej)~sUbject.,_ propert.y. ~ : Full
CO'''''''2:C: '-widens .i~ovements iShall be' ""reqai'J:"etl" unless::- the' . dev~loper' 'can
.' demonstrate to the satisfaction of the City Engineer that' partial
improvements will meet the Cit@' standards for traffic, biCYCles,
pedestrians ancfparking. Transitions to eXisting imprOVements shall
--be provided as required by the City Engineer.
3.
a. The -- ~eveloper.. shall guarantee' the' construction: of the' fOllOWing
':''2~,iJII!JLovements prior ,to the approval of the final map for any of the
phases -' -of -' development identified in the EastLake Greens phasing
plan. The developer may sUbmit an alternate proposal to prOvide
access to any individual or group of phases identified herein. Said
.,. ..... proposaL=Shal1 ~-=be.: -.;Ubmi tted ~folI. review: =d . approval by the City
:':~:Engineer . . . .. ,',,'. '''-'_..
c/'
..
........
:,,"'. -', ~-, PhaSe~
~o:-:~', .. "
:::.!?<ici.1tt:ies:':Nee;:led .~ _ * (See table 10 ~for description,.of
' "-C'~ ~~. :c2,~:_.:'-: - --''-- each facility.)
-lA
\ 13
'\ 1C
, lD
2
3
::;:r=.. --lr 2~_..i..,:-:::__:..:.;,. ._ .. .'_ .__. ~
- -1, 3~-4,~8~ 15
1, 2, 3, 5, 7, 8, 9, 13, l5
~, 2, 6, 7. 8, 9, 10, 13, 15
.. 1,'2,'6, 7, 8, 9, 10, l5
1, 2, 2a, 6, 7, 8, 9, 10, 11, 12, 14, 15
* Facilities that shall be guaranteed prior to approval of final
map for the corresponding phase and completed prior to permits
being issued for the subsequent phase (Le., facilities for 1A
through D completed before permits for Phase 2 are issued).
b.
The developer shall guarantee the construction of all interior public
improvements required for development of any unit of development
prior to approval of the Final SUbdivision Map for said unit.
4. Right turn lanes and dual left turn lanes shall be provided at the
intersection of any of the following street classifications: major-major,
major-prime arterial, prime arterial-prime arterial.
\
5. Palomar Street from the westerly subdivision boundary to EastLake Parkway
shall be constructed as a 4-lane collector (74 feet from curb-to-curb).
-2- 11.~1
, '
( -' (
(
(
(
6. NQ direct a=ess, for residentia~~<jri_~eways wi:ll be allowed to Street. "A",
EastLake Parkway, Hunte Parkway, Street "E", "D" street, Street "P", otay
Lakes Road, Orange Avenue and Palomar Street. The location of street
~ iE!~ jar: -ent:r ies. fo~ oJIIUlti -f-amily, -projects to the- -above-, streets
shall be approved by the City Engineer.
V Lot" f-rontage.. on, ~l-de-sacs"and knuckles shall not be less than 35 feet
unless approved by the City Engineer.
8. a.
hn,~~s~~:~~ ~st~~~imP~Qvernents: is, required on otay Lakes Road
east of Hunte Parkway. Said transition shall be approved by the City
Engineer..., _.. ,__ .'
b. The::,intez:.Section'~,of Hunte Parkway and Orange Avenue' shall require
special .treatment to 'transi~ion .~:the prime arterial status of Hunte
parkw?Y:!3outherly ofcsaid:intersection.
'_.,--~----~
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...
TABLE I
.,--......\,~-:-- - ..._-.......- -,.
- ~. '- -- -.. .,';: ....- ..........'- ,-" _... .-
:"D~CRt?1'~,9! ONSITE TRANSPORTATION FACILITIFS
.,- ~~:::'':c
Facility NO';'"
f.'::::'VoCl', .')....-..:::~
'", :Street
Portion
(
01
,''l 2
'-"
;.E<ls..t:.~~e, ParkwaY",
EastLake Parkway
,.Otay Lakes Road to Street. "D"
:-'z.:::_: ~.: ~s .':22':'-2~
Street "D" to the Interim
, Terminus, South of, tilE!, ,SDG&E
Easement
2a
@3
4
/'- 5
\J
6<-
/
'J7
',:) 8
'J 9
\ 10
EastLake Parkway
Palomar Street to the Interim
Terminus South of the SDG&E
Easement
Street D
EastLake Parkway to North
Street "A"
North'Street "A"
Street "D" to Hunte Parkway
North Street "A"
Street "D" to Street "E"
South Street "A"
Street "D" to Hunte Parkway'
Street "E"
EastLake Parkway to Street "A"
Hunte Parkway
Otay Lakes Road to South
Boundary of Phase lB
Hunte Parkway
Street "E" to North Boundary
of Phase lC
Hunte Parkway
Street "E" to South Street "A"
-3-
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ll. a.
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b.
( -(
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A conditional use permit shall be filed with the City for the golf
course, clubhouse, and related swimming and tennis facility prior to
issuance of building permits for purposes of regulating operations,
uses, and site design.
Locations where golf course crossings of streets are provided shall
be clearly signed and marked. Where streets being crossed are
classified to carr traffic at a' speed greater than L:, mph, such
rOSSln s all only be at intersectlons or roug the use 0 gra e
- separation ~_t::UCt;ur~~_ ,,', -"'0" .
c. The developer or other subsequent owner of the golf course shall
agree to be responsible for the payment to the City of ongoing repair
and maintenance costs of any grade separation structures which may be
--------~~ired for the benefit of the golf course.
- - ,. -
d. Golf course safety features shall be reviewed by the City Engineer in
'C conjunction with :construction of the golf course.
12. All" streets, which "intersect otl}er streets at or near horizontal or
vertical 'curves "mtlst meet intersection design sight distance requirements
in accordance with City standards.
13. a-~,2 ~~~; ~~~~~Wi~~""co~~ret~benches shall be provided along both sides of \
" Street "A" adjacent to the intersections with the fOllOwing streets: ,
;',i.:;c.s.t:r:eet,: ,~s.~, Str~t ~- "G", ,Street "D", Street "QQ" and Street" "FFF". ~
"", -_o'BUs"~ turnouts shall be provided to the satisfaction of the City
,,"--.. "Engineer.',,' "::" ':, 4
h~~:~:a~~~ ~~itit~h~~e~~~benches shall be provided along both sides of ,
:c " ""Hunte Parkway adjacent to the intersections with Street "E" and south
'-" 'Street "A"; '''Bus 'shelters as approved by the City Engineer shall be:!
provided along both sides of EastLake Parkway adjacent to the!
intersection with Street "E" or appropriate alternative locations. "
c..
".- - - .-
- . . -.
14. Right turn lanes shall be provided on Street "A" at the intersections of
Street "A" with Street "D" and south Street "A" with Hunte Parkway. A
right turn lane shall be provided on EastLake Parkway at its intersection
with Street "E".
All streets within the multi-family developments and the access road
to" Unit 29 shall be private. Detailed horizontal and vertical
alignment of the centerline of said streets shall be reflected on the
improvement plans for said developments. DeSign of said streets
shall meet the City standards for private streets.
Private streets in Units land 2 (single family detached units) shall
meet City standards for public streets or standards acceptable to the
City Engineer.
c. All subdivisions proposing private streets with controlled access
devices, such as gates, shall contain the following features:
l5. a.
b.
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(l) Gates shall be approved by the City Engineer. Gates shall be
.. ' located to provide ,sufficient room to queue up without
' "." interrupting. traffic on pUblic streets.
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(2) A turn around shall be provided at the location of the gate.
_: ... ...The size and .location of. said turn around shall be approved by
.' .the City Engineer. , .
16. All the streets,shown.on the subject tentative .map within the subdivision
bounda;y,::except as. described above, shall be dedicated for public use.
Detailed horizontal and vertical alignment for said streets 'shall be
reflected on the improvements plans for the subject subdivision or any
unit :thereof.. . Design: of,'.said streets shall meet all City standards for
public streets. .
.0) .The border between public street and private street shall be
SS~~:~lineated-'thr,ough the use of distinctive pavement.
..(4) Provisions :shall be made for emergency vehicle access.
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17. .Thg~owner.shall. grant..cto .the City street tree planting and maintenance
.easements along all pUblic"streets within the subdivision as shown on the
tentative map. Said easement shall extend lO feet from the back of the
sidewalk .. except: 'on 'Hunte. Parkway and portions of EastLake Parkway as
provided 'below. . Along Hunte Parkway, said easement shall extend lO feet
from =.thec. property:: line and shall contain no slope steeper .than-5 :l
(hori:zontal':to'vertical ratio); The entire area of said tree planting~
" easement along Hunte Parkway shall be offered for dedication on the
~ subdivision maps for ,futlii::~, sfie.ef"plfr.p.?~.~~:- The tree planting easement
/ :alonq;'those. portions-of:~tU:fk=l! Parkway contairiing meandering sidewalks
shall coincide . with .the proposed sidewalk easement as shown on the
Tentat:i~11ap.", ",__. =_::.':::'=: ==-.--'
18. The owner shall grant to the City a lO ,foot sidewalk easement adjacent to
the property line for the installation of a meandering sidewalk at the
following locations:
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a.. Otay Lakes Road along the full length of the frontage of Unit l7.
b. EastLake ParkwdY - along the frontage of Units 29, 34 and 32 (north
of the intersection of "E" Street).
c. Street E
Between EastLake Parkway and Street - along the frontaqe of Unit
25.
Between Street A and Hunte parkway - along the frontage of Units
28, 29, 37 and 39.
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19. Prior to the approval of any final map for subject subdivision or any unit
thereof, the subdivider shall obtain all off-site right-of-way necessary
for the installation of required improvements for that .unit.
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If the developer requests the City to use its powers to acquire said
off-site right-of-way, the developer. shall pay all costs, both direct and
indirect incurred'in said acquisition.
20. The developer shall grant. to the City l' control lots adjacent to the
following streets:
a. SOuth end of EastLake Parkway.
b. South.end.and east side of Hunte Parkway.
c. Both ends of street A.
d. Both ends of Orange Avenue.
e. west end and southerly side.of Palomar Street.
f. Both sides of Orange Avenue.
21. Striping plans shall be provided for the fOllowing streets: Street "A",
Street "D", Street "E", EastLake Parkway, Hunte Parkway, Orange Avenue,
otay Lakes Road and Palomar street. Striping plans shall be approved in
conjunction with improvement plans for said streets.
I;;) Prior to -the approval of any fin~ subdivision map which includes a
V portion of:. the streets . listed .below, the developer shall submit. plans
demonstrating the_feasibility.of the extension of the said streets:
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a.. .. EastLalre Parkway - from Palomar Street to Orange Avenue.
b. Hunte Parkway. -..from Otay Lakes Road to East "H" Street.
C.;: Palumar :street -. from the- subject subdivision.a minimum
.~iOOO ft; westerly.
d. " Orange Avenue.:- ,a minimum distance of l, 000 ft. westerly.
dil;tance of
23. a.:::: c. Tbe: ,'riev.eloperc,' sha:U':',submi t calculations to {]emonstra te compliance
, :: with all drainage requirements of the SUbdivision Manual to include,
but not be limited to, dry lane requirements. Calculations shall
also be provided to demonstrate the adequacy of downstream drainage
structures, pipes and inlets.
b. Specific methods of handling storm drainage are subject to detailed
approval by the City Engineer at the time of submission of
improvement and grading plans. Design shall be accomplished on the
basis of the requirements of the Subdivision Manual and the Grading
Ordinance (#1797 as amended).
c. Graded access shall be provided to all storm drain structures
inclUding inlet and outlet structures as required by the City
Engineer. Paved access shall be provided to drainage structures
located in the rear yard of any residential lot.
24. a.
The develoDer shall obtain notarized letters of permission for all
Off-site g~ading work prior to issuance of grading permit for work
requiring said off-site grading.
b. Lots shall be so graded as to drain to the street or to an approved
drainage system. Drainage shall not be permitted to flow over slopes.
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25. Sewer manholes' sball",,-becprovided _at all changes of alignment and grade.
Sewers serving 10 or less equivalent dwelling units shall have a minillllll\
( grade of 1%.
26.
27.
! 28.
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The developer shall =mply with all relevant Federal, state and local
!:egUlatiomr,:" including the Clean Water Act. The developer shall be
responsible for providing all required testing and documentation to
demonstrate said compliance as required by the City Engineer.
A paVed access road- wi.th a minimum width of 12 feet shall be provided to
all sanitary sewer manholes. The roadway shall be designed for an H-20
wheel' load or other loading as approved by the City Engineer.
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The developer shall grant easements for all off-site public storm drains
and 'sewer' facilities prior~-to_ 'approval of any final map requiring those
fi'lr-i-' ities. Easements 'shall be a minimum width of six feet greater than
pipe size, but in no case, less than 10 feet.
29. An erosion and sedimentation control plan shall be included as part of the
grading plans.
30. The _developer shall 'EmteJ:,' into an agreement whereby the developer agrees
that the City may withhold bUilding permits for any units in the Subject
subdivision if traffic on Otay Lakes Road, Telegraph Canyon Road, EastLake
Parkway, or East .H~ Street exceed the levels of service identified in the
City' s''adopteQ thresholds .-' _... :_ __
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The--PJ:operty owner -shall agree to not protest formation of a district
for the maintenance of the drainage channel in Telegraph Canyon.
~':"'"::... . '-',~ ~- -. ;:-, ...."'7". -
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The property: owner shall agree to not protest formation of a district
for the: maintenance of.. landscaped . medians _ and parkways:, along streets
within and.' adjacent:to'J:he-..subject pro~rty.
The property owner shall enter into an agreement wherein he agrees to
not protest formation of an assessment district for the construction
of street improvements to connect Orange Avenue and Palomar Street to
eXisting improvements to the west of the subject property and to not
protest inclus~on of the subject improvements as projects in the
Eastern Territories Development Im~act Fee system.
All sanitary sewer facilities required for development of any lot,
unit or phase shall be guaranteed prior to recordation of a
subdivision map for said lot, unit or phase.
The developer shall provide for the costs associated with maintenance
of the sewer pump stations prior to approval of any subdivision maps
which shall require said pump stations to prOvide sanitary sewer
service.
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The developer shall obtain permission from the City to deposit sewage
in a foreign basin prior to approval of any subdivision map which
shall require any sewage to be transferred from an existing basin
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- into. ano.ther - -basin. -- The permission' shall be in the form of <lIl
'- agreement whereby, the City shall agree to. such transfer, and the
---, - -'-developer shall agree to the construction of certain improvements in
the system that will accept said sewage and to. the circumstances
under which said permissio.n may be revoked.
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33. Prier' to. the approval of any final map for any lot or unit, the owner
shall - guarantee the' construction of all improvement (streets, sewers,
drainage, utilities, etc.) deemed necessary to provide service to such lot
or :unit' i1J::accorcanc:e' with 'City-,standards. _.., '.,'(" , , _,_
34. Priar to appraval af any subdivision map for single family residential
use. The developer shall submit a list of proposed lots indicating
whether the structure' 'will- be located on fill, cut" or a transition
between ot:he tWQ. situatiOns.
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35.
SOlIth "Street, '"A" and Street:' "E" (between Street "A" and Hunte Parkway)
shall be 52 feet wide (curb-to-curb) within 72 feet of right-of-way to
provide for on-street parking on one side of each street.
36. Off-site cumulative transportation impacts shall be mitigated to
inSignificant levels by participating in the East Chula Vista
'l'ransportation 'Phasing_ Plan ,an, a' fair share basis with other area
developers.
37.
EastLake:::c;reens:.w:i:U;_ :be:"subject
regarding cable television.
to any new City resolution or ardinance
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Planning DeoartmenLcondttions_
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Applicant shall request the formation of an open space district.
Maintenance: af:--speCific areas may be required to be performed by the
master homeowner's' association. Open space slopes shown adjacent to
public and private neighborhood parks shall be included in the
established maintenance program.
b. Park dedication'and improvement credit for private parks (up to 50%)
may be considered subject to approval of improvements, park acreage
and activity areas provided.
c. Develo~ent of all public and private park areas receiVing park
credit deSignated on the subdivision map shall be subject to the
approval of the City's Director of Parks and Recreation. Said
approval shall comply with the standards listed in Section l7.l0.050
of the ~unicipal Code.
d.
~aintenance and credit for the proposed open space trail system shall
be subject to approval of the Director of Parks and Recreation. The
trail shall consist of an approved D.G. base.
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Par~ dedication credit for the community park shall not include the
slope area adjacent to proposed #l25; however, credit shall be given
when park improvements in excess of the f1unicipal Code requirements
are provided.
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f. Any c@> fees to be waived shall be done so upon completion of parks
or bonded guarantees of park COmpletion. Bonds provided to the
Department of Real Estate may be sufficient guarantee for private
park. improvements. .. ~
g. NO waiver of Residential Construction Tax is made or implied by
: ,. approval Of-this map.
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39. Park acreage.of.24 acres shall be provided subject to the approval of park
irnproln!ment"pl'arlSC'by the' Director of Parks and Recreation.
40. The open space corridor encompassing the SDG&E easement and the San Diego
water line shall' be incorporated into adjacent land use plans as usable
open space and/or parking. The adjacent land use lots shall be graded to
accomplish an acceptable interface.
i 41. The 5: 1 gradinii shown on EastLake Parkway (reference sheet #2) shall be
,
eliminated and shown as 3:1. .
,42,. A minimum 15 ft. wide landscaped area shall be provided between the
sidewalk and wall areas" created along single-family areas on Street "A".
NYrE: Down slopes shall commence at a minimum distance of 10 ft. from the
public sidewalk. Alternate tree plantings in approved concrete cone root
containers will be considered for limited areas.
43. Copi:es',oLproposed..cC&R'Sshall be filed with the City.
44. A low and moderate income housing program with an established goal of 5%
. -.. . low. and 5% moderate. shall be implemented Subject to the approval of the
.~~-cfj:Y'S- housIng coordinator. NOTE: A 1% Change reSUlting in 4% low and 6%
moderate is deemed an acceptable tolerance. This condition shall be
deferred and'further':evalUated: as, a....factor: in .the analysis of the General
Plan denSity policies as they relate to parcels R-24, R-25, R-26, R-27,
and R-28.
45. All paved access to sewer and drainage outlets shall be subject to
approval by the Director of'Planning.
~A minimum of three church sites totaling 7 acres shall be deSignated prior
' to recordation of the final map.
47. q,en space easements shown at the rear of var ious lots back ing onto the
golf course shall be included in the golf course maintenance program.
48. All lots adjacent to intersections subject to road Widening requirements
shall require further review by the Planning Director to determine
acceptability.
~SchOOl development shall be phased to provide facilities with adequate
~~apacities to serve residential occupancy. Mello-Roos Community
Facilities District has been formed by the respective school districts.
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55.
i 56.
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58.
59.
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50. Provide stree~ names on the tentative map~
51. A conceptual landscape' plan, together with a water management plan, shall
be provided- prior- to City Council approval of the tentative map and
Subject to the approval of City's Landscape Architect.
52. Development of-all parcels shall be in accordance with EastLake
Plan, Public Facilities Financing Plan and Design Manual.
Greens SPA
53. -'l'l\& cOeve-lOpel:>-shaH .. -anneX--all" areas" wi thin - the- - subdi vision boundaries
prior to recordation of any final map.
The phasing plan shall"be designed _ to connect. interior subdivisions within
Phase I to the satisfaction of the City Engineer.
All lots without apprOved private or pUblic access shall be snown as a
single lot.
The Open space shown adjacent to easterly side of Route 125 corridor shall
be dedicated to the City across its entirety for future transfer to the
State_ of California as part, - oL:futur.e::'.fr-eeway: right-of-way~-- _" School
District has option of putting in retaining wall across the high school
site.
Lotting approval for Unit 14 shall be continued Until a precise plan
-detailing : the design of the. project is reviewed by the Design Review
Commi ttee. Thereafter, the lotting of Unit 14 will be considered by the
Ci!:y Council-f{)r.tentative subdivision map approval.
Orange Avenue corridor design shall be subject to approval of the Director
of Planning regarding grading, Slope grading, landscaping and fenCing.
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All lots in Units 4, 7, and 8 shall be a minimum of 50 feet wide and 20%
of lot~ in Units II and l3 shall be a minimum of 50 feet wide.
A minimum of twenty (20) percent of all lots within Units 4, 7, and 8, 11,
and l3 are intended to accommodate one-story units or units with a
one-story plateline along the street frontage. Said one-story units shall
be placed on lots with a minimum width of 50 feet.
Any units displaced as a result of revision to the subdivision may be
considered for transfer to another unit within EastLake Greens.
60. Major entry points to the EastLake Greens development shall require
approval of the Director of Planning with respect to grading, slope
gradient and landscaping.
61. lUl of the open space lots shall be dimensioned (see Loop Street ~A"
adjacent to Units 14, 39 and 13). ,
62. Open space lots adjacent to private parks shall be included in the private
parks to be maintained by the Homeowners' Association.
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A Water agreement with otay Municipal Water District regarding terminal
storage and water supply shall be required prior to approval of the final
map.
64. A pedestnan bridge or an alternative acceptable to the City Engineer
shall be constructed over Otay Lakes Road to connect the community trail
from EastLake I-to EastLake II.
EIR Mitigation Measures - Planning
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65. Residential land uses planned adjacent to or near commercial and
industrial uses shall be adequately buffered. Necessary measures will
include a- wall or - fence to decrease noise and increase privacy; a
phYSical, vertical or horizontal separation between land uses, Le., a
road, slopes or a landscaped open space buffer; or some type of vegetative
screen. Impacts occurring as a result of site-specific designs will be
mitigated on a site-specific basis. (pg. 4-15)
66. In order to mitigate the site specific impacts, the following must be
completed in accordance with the thresholds policy and the East Chula
Vista TranspOrtation Phasing Plan:
a. Improve Telegraph Canyon Road between State Route 125 and the
EastLake Greens/rrails boundary to siX-lane prime arterial standards.
6F"--E:onstruct H'ante Parkway an€l'- EastLake Parkway as major roads between
Telegraph Canyon Road and Orange Avenue.
c. Construction of a southbound State Route l25 to eastbound Telegraph
Canyon Road loop ramp at the State Route l25/Telegraph Canyon Road
intersection or extend State Route 125 South to East Palomar Street
(which would connect to the EastLake II street
-system). '-..,-- (pg.4-37)
67. The on-site water storage tank shall receive additional landscaping. This
shall include the use of additional vegetation within the site compound to
obscure the tank itself, as well as exterior landscaping of the perimeter
fence to provide a more aesthetic screen.
68. Residential units in the vicinity of the SDG&E transmission line shall be
spaced and oriented to minimize views of those facilities. The 50-foot
buffer along both sides of the roadway traversing the northern site
boundary shall receive sufficient landscaping to effectively screen
development associated with EastLake 1. Additionally, residential units
in the northern project site shall be spaced and oriented to minimize
views to the north where appropriate.
69. A preliminary geotechnical report has been prepared for the EastLake
Greens property by San Diego Soils Engineering, Inc. (1986). This report
contains various recommendations to provide adequate surface and
subsurface drainage and erosion control that shall be incorporated into
the project design. Recommended measures include, but are not limited to,
~ the following:
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,Surface and Subsurface Drainage: Surface runoff into downslope
natural areas and graded areas should be minimized. Where possible,
drainage should be directed to suitable disposal areas via non erosive
devices (i.e., paved swales and storm drains).
Pad drainage .should be designed to.oollect and direct surface waters
away from proposed structures to approved drainage facilities. For
earth areas, a minimum gradient of t\o.Q percent should be maintained
and drainage should be directed toward approved swales or drainage
raCllltles. uralna-ge patterns approved at the time of fine grading
should be maintained throughout the life of proposed structures.
70. Subdrains shall be placed under all fill located in existing drainage
eClUrs~~ _ at ,.identified or p;;>tential. seepage areas. Specific locations
shall be. evaluated in the field during grading with general subdrain
locations indicated on the approved grading plan. The' subdrain
installation shall be reviewed by the engineering geologist prior to fill
placement.
71. Drainage devices are required behind stabilization fills to minimize the
build-up_. of. hydrostatic. and/or seepage forces. (See Preliminary
Geotechnical Investigations, San Diego Soils Engineering, Inc. (1986) for
details and recommended locations of these backdrains.l Depending on
slope height, at least one tier of drains would be required for
approximately every 30 feet of slope height. Drains may also be needed at
contacts between permeable and non-permeable formations.
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72. Slopes shall be planted with appropriate drought-resistant vegetation as
recommended by a landscape architect immediately following grading.
Erosion control and drainage devices shall be installed in compliance with
the requirements of the City of Chula Vista.
73. Water,shail not be- allowed ""to run over the top of or flow down graded or
natural Slopes.
74. Devices constructed to drain and protect slopes, inclUding brow ditChes,
berms, retention basins, terrace drains (if utilized) and down drains
shall be maintained regularly, and in partiCUlar, should not be allowed to
clog so that water can flow unchecked over slope faces. Subdrain outlets
shall be maintained to prevent burial OL other blockage.
75. To ensure that significant and potentially unique fossils and
paleontOlogical resources are not destroyed without examination and
analysis, it shall be required that a qualified paleontologist monitor the
initial grading activities during development of the EastLake Greens site.
76. a.
l'ialls and/or berms shall be installed to the satisfaction of the
Director of Planning to reduce noise exposure to acceptable levels
onsite.
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The applicant has proposed an optional 5-foot fence enclosing the
perimeter of the residential boundary (Figure 2-10), and the 5-foot
wall height was factored into the model to analyze the effectiveness
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d.
The SPA Plan and Tentative Map
Commission and City Council
density, if any.
will be returned to the Planning
for adoption of the increased
78. Prior to the recordation of the final map, the EastLake I private park
agreement:- shall. be approved :bythe City. Council.
79. The EastLake Greens Development Agreement shall contain a provision
making the EastLake Greens project subject to the Transportation
Phasing" Plan-and 'l:he-oGrowth--Management' Element of the- General Plan.o..- _
80. Prior to recordation of the final map, the applicant shall submit an
agreement to. the City regarding public use of the golf course. This
may- -be-addressed in the conditional use permit required for the golf
course.
81. The Planning Commission recommendation regarding the reduction of
dwelling units contained in Condition 13 of the EastLake II General
Development Plan is incorporated into this resolution (EastLake Greens
reduced from 3609 dwelling units to 2774 dwelling units).
FINDINGS:
Pursuant to Section 66473.5 of the SUbdivision Map Act, Tentative
Subdivision Map for EastLake Greens Tract 88-3 is found to be consistent
with _ the Chula Vista General Plan as adopted by the Chula Vista City
Council based on the following findings:
1. Land Use Element
The General Plan designates the EastLake Greens areas for LOW-Medium
Residential as well as commercial, public, quasi-public (schools,
parks, churches) and some open space. The recommended 2,774
residential units is within the density (between target and maximum)
range of the General Plan residential designation of low/medium
residential (3-6, du!gr. ac.), inclUding density transfers from the
park, school, and golf course to the residential area (327 du).
2. Circulation Element
"-
All of the on-site and off-site public streets required to serve the
subdivision will be constructed or DIF fees paid by the developer in
accordance with the EastLake Greens Public Facilities Financing Plan
and Development Agreement.
3. Housing Element
The proposed project will provide a minimum of lO%
hOUsing including a mix of housing types and lot
single-family, townhouses, condominium and various
densities that will provide a wide spectrum of housing
persons of various incomes.
affordable
sizes for
apartment
prices for
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of such a wall o~, ~~~_s~gnJ!~cant noise impacts projected onsite. In
some cases, a 5-foot wall :height was determined not to be required
and a lower wall height was evaluated.
It was determined that a 5-foot barrier along the top of slope on
portions. of the eastern :side 'of EastLake Parkway and portions of the
inferna~ loop road, and contiguous to the northern and southern entry
roads, would reduce projected onsite noise levels below 65dB(A) CNEL
(Figure 4-17). A 3-foot barrier would also be required along -the
central' golf 'course' -road' to - further attenuate onsite noise levels.
Noise levels at the park could be reduced through the incorporation
of barriers of minimal height (Le., 1 to 2 feet). Walls are not
recommended because of aesthetic considerations and because the
attenuation required is only two decibels. Attenuation at the park
could be achieved by raising the pad elevations near the contributing
roadways by 2 feet instead of incorporating a barrier. The barriers
along residential portions of the site should consist of walls, earth
berms, or a combination of walls and berms. Noise levels above 65
dB(A) and below 75 dB(A) CNEL - are considered compatible with the
proposed corranercial area in the northwest corner of the project area
and no barriers are required to attenuate the noise levels in this
area of the site.
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Based :011 the, current grading plan, the identified noise walls would
mitigate the projected exterior noise levels below the required 65
',::>[,:'::a.EL' standardc'and:-.to: <r..levelc-of insignificance with the exception of
the park where slight exceedances would occur. If the pad elevation
is raised, as' recommended, no adverse noise impacts would occur
onsite.
'b. For. those portions of the site exposed to 60 CNEL or greater
(identified in Figure 4-l7), an interior acoustical analYsis will be
,required once building plans and site plans are' made available to
,.ensure the use of appropriate construction materials to attenuate the
interior noise levels below a level of significance.
77. On an interim basis,' Parcels R-24, R-25, R-26, R-27, and R-28 shall be
zoned at the target density of 4.5 dwelling units per acres. A maximum of
4,034 units will be approved for EastLake II until such time as the
guidelines for exceeding the target density for the General Plan Update
are resolved. The fOllowing procedure will occur to determine additional
density, if any, for the EastLake project.
a. Specific guidelines for exceeding the target General Plan
density will be adopted;
b. The adopted General Plan policies will be applied to determine
the incremental units to be added to EastLake II.
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c. The units from the new calculation will be distributed to these
five parcels or other unsubdivided portion of EastLake Greens
Tentative Map.
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4. Parks and Recreation Element
c
The subdivision will provide approximately 40 acres of improved
corranunity and neighborhood parks in a=ordance with locations and
standards of the General Plan. The required park acreage for
,,:"~Eastj:.ake Greens'is 29.2 acres.
5. Public Facilities Element
,.-"C'The -project _'is ,'obligated-hin the conditions of approval to
participate in providing the water facilities, wastewater facilities
and drainage facilities required by the policies of the General
.Plan. These include emergency water storage reservoir, construction
of q ,50 million gallon facility by CMWD, Provisions for additional
wastewater facilities by parallel sewer pipelines and constructing
on-site detention basins to reduce peak storm flows. '
6. .Open Space and Conservation Element
The proposed subdivision is in conformance with the goals and
policies of the element. There are no land resources, water
resources, plant or animal resources or open space areas identified
for preservation in the General Plan for this site.
7.
Safety Element
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The project site is considered a seismically active area, although
there are no known active faults on or adjacent to the property.
The fire. orotection facilities and services needed to serve the
project have been reviewed by the Fire Department. Other emergency
service agencies have reviewed the pro[Xlsed subdivision for
conformance with safety policy. The project will increase the need
for additional police and fire personnel, however, the City is
planning to meet the need with additional revenues provided by the
project.
Pursuant to Section 664l2.3 of the Subdivision r~ap Act, the effects of
the tentative ~p for EastLake Greens Tract 88-3 on the housing needs of
the region has been considered in that the subdivision will provide a
variety of housing types that will serve all aspects of the corranunity.
The Council has further balanced the need for housing against public
service needs of its residents and available fiscal and environmental
resources in that the City has weighed the fiscal effects of the project
and finds that it will not deplete current resources and has further
balanced the en'Jirorunental effects by incorporating mitigation measures.
Pursuant to Section 66473.1 of the Subdivision 1'~ap Act, the EastLake
Greens Tract 88-J has provided to the extent feasible for future passive
or natural heating or cooling opportunities in that the proposed design
has a predominant north-south orientation of long, narrow parcels
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encouraging east-west orientation of bUildings and creating southern
exposure for pitched longitudinal roofs to facilitate solar energy.
Presented by
Approved as to form by
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-l7- 11"''11
RESOLUTION NO.
(lC-
1/;;;///
, .
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH
EASTLAKE DEVELOPMENT COMPANY TO SATISFY
TENTATIVE MAP CONDITION OF APPROVAL NO. 80 FOR
EASTLAKE GREEN NIT 8 SUBDIVISION
the City of Chula Vista does hereby
resolve
NO. 15199, the
Map for Chula
required that
applicant shal
use of the go f
Condition of
rdation of the
nt to the City
Approval No. 80
final map, the
regarding public
WHEREAS, the evelo
satisfy this requirement.
..
an agreement to
NOW, THEREFORE, I
the City of Chula Vist es
EASTLAKE DEVELOPMENT COMPANY,
of
on file in the office of the
Chula Vista
agreement on behalf pf
the Ci ty of
execute said
Presented by
John P. Lippitt, Director of
Public Works
8448a
Bruce M.
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
D
-
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
AGREEMENT
"
This Agreement is made this 22nd day of January, 1991, by and
between THE CITY OF CHULA VISTA, California ("Chula Vista") and
EASTLAKE DEVELOPMENT COMPANY, a California General Partnership
("EastLake"), and is made with reference to the followinq facts:
R E C I TAL S
A. WHEREAS, EastLake is the owner of real property located in
Chula Vista, California, which is more particularly described in
Exhibit "A", attached hereto and incorporated herein by reference.
("Golf Course"); and,
B. WHEREAS, a tentative may ("Tentative Map") of the Golf
Course and other portions of EastLake Greens has been approved,
subject to certain requirements and conditions, as contained in
Resolution No. 15200, approved on July ,18, 1989; and,
C. WHEREAS, Condition No. 80 to the Tentative Map requires
EastLake to submit an agreement to Chula Vista regarding public use
of the Golf Course prior the recordation of any final map; and,
D. WHEREAS, the parties intend this Agreement to satisfy
Condition No. 80 of the Tentative Map.
NOW THEREFORE, in consideration of the mutual terms and
conditions contained herein, the parties agree as follows:
1. Public Play at Golf Course Agreement recognizing
authority of City to condition Golf Course Permit on permitting
eastlk6.wp
January 22, 1991
Agreement Re. Condition No. 80
Page 1
public play.
'D(2/rPr
. ,
A Duty to Secure CUP.
Eastlake Development Co. agrees that, regardless of
the zoning authority of the City to so require, they will
not engage in, conduct, operate, or occupy the Golf
Course. or permit the Golf Course to be plaved upon or
otherwise used for anv purpose. until they have applied
for, diligently prosecuted, and secured a conditional use
permit from the city for the purpose of conducting and
operating a golf course on the property, or any portion
of the property, which is the subj ect matter of the
Tentative Map.
B. Conditioning Authority of City.
Eastlake Development Co. further agrees that, and
agrees not to protest the fact, that the city is vested
with the authority ("Golf Course Conditioning Authority")
to condition any such permit for the operation of a golf
course on such conditions as the City shall deem just,
which conditions shall include, but not be limited to,
(1) (Zoning Power Conditions) all conditions which
a municipal authority may lawfully impose on such
"conditional use permits" as a lawful exercise of
their zoning power; and,
(2) (Omnibus Authority to Impose Conditions
regarding Public Play) without regard to whether a
municipal authority may lawfully impose a public
play condition as a lawful exercise of their zoning
power, all conditions which the City deems
appropriate to impose with regard to permitting the
public. or anv portion thereof. to play at the golf
course.
C. Voluntary Limit on Maximum Public Participation at
Golf Course.
Notwithstanding the aforementioned Golf Course
Conditioning Authority, the City agrees that it not
impose a condition on the use permit for the operation of
the Golf Course more onerous than the following:
For a period of 10 years from the date the Golf
Course is opened for play, Eastlake Development
Co., the Golf Course Operator, and their successors
eastlk6.wp
January 22, 1991
Agreement Re. Condition No. 80
Page 2
O(2ffn
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h~~/.lUJ tD
~~~~
r2:r~froY'ff-~ ~A D. Consideration of Additional Density Requests.
,I ., .JtJ \. -cj City agrees that if, in exercise of its Golf Course
2-~v-.w.MP~VVV Conditioning Authority-, the city shall impose a condition
nn requiring public participation in the Golf Course more
~~6X^1 A ~ onerous than the following:
~ For a period of 2 years from the date the Golf
(/ Course is opened for play, Eastlake Development
~t' Co., the Golf Course Operator, and their successors
~ in interest, shall permit "pay-for-play" access to
~ the Golf Course to Chula vista residents, and
I)'r accompanying guests ("Chula vista pay-for-Play
(1' ~ ~ Access").
~o- f U~~:'~ill evaluate reasonably and in good faith, at a
~' '. public hearing conducted for such purpose, whether the
~;' , J U additional burden of such a more onerous condition on
, , I;, Eastlake justifies, and the extent to which it justifies,
rv \ ~~~, an application from Eastlake (should such an application
\l'fp)/' ,/Iw...t1S be made) for densities above the overall "midpoint range"
of densities permitted by the current General Plan within
the area of the Master Tentative for which a Final Map
has not yet been approved qualifies as an "exceptional
in interest, shall permit "pay-for-play" access to
the Golf Course to Chula vista residents, and
accompanying guests ("Chula' vista Pay-for-Play
Access"). _. !,;:, ~ ~~~
For the f~vS~~~Y3 ef said 10 year peri d, the
Chula vista Pay-for-Play Access shall be on the
same terms and conditions (other than purc ase of a
membership) as the persons or groups rec ving the
most privileged access (including any. form Ofe~
membership access) to the Course, ~nd a~green ~ees~~
" >-t- ~e :.~ ... t~
ess may
t' e" prior
ut only .
City Cou
n of whic
conjunct' n w' h the
e Conditio al Use Per it, n
given adva to
eastlk6.wp
January 22, 1991
Agreement Re. Condition No. 80
Page 3
Pr2p0r
and extraordinary benefit to the residents of the city.
No commitment is hereby made to making a determination
that additional densities are justified by the Chula
Vista Pay-for-Play Access.
a. Council shall have the discretion, reasonably
exercised, to determine the degree of "onerousness"
of a condition that it imposes;
b. council shall have the sole and unfettered
discretion, without providing justification, to
determine the extent of benefit that a feature such
as public play at a private golf course provides to
the residents of the city.
2 . Aqreement Runs with the Land. The burden of this covenant
is for the benefit of the land owned by the City adjacent to the
real property which is the subject matter of the subdivision Chula
vista Tract 88-3. The burden of this covenant touches and concerns
the Golf Course. It is the intent of the parties, and the parties
agree, that this covenant shall be binding upon, and run with, the
ownership of the land which it burdens. Chula vista shall execute
and deliver to EastLake a release of this covenant for recordation
in the official records of San Diego county within ten (lO) days
following the date upon which the right to public play ceases as
set forth above.
3. Notices. Unless otherwise provided in this Agreement or
by law, any and all notices required or permitted by this Agreement
or by law to be served on or delivered to either party shall be in
writing and shall be deemed duly served, delivered, and received
when personally delivered to the party to whom it is directed, or
in lieu thereof, when three (3) business days have elapsed
following deposit in the U.S. mail, certified or registered mail,
return receipt requested, first-class postage prepaid, addressed to
the address indicated in this Agreement. A party may change such
address for the purpose of this paragraph by giving written notice
of such change to the other party. Facsimile transmission shall
constitute personal delivery.
CITY OF CHULA VISTA
276 4th Ave.
Chula Vista, CA 92010
Attn: Engineering Department
EASTLAKE DEVELOPMENT COMPANY
900 Lane Avenue, suite 100
Chula vista, Ca. 92013
eastlk6.wp
January 22, 1991
Agreement Re. Condition No. 80
Page 4
[fAn
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other
party in the manner provided in this paragraph. Facsimile
transmission shall constitute personal delivery.
4. 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.
5. Entire Aoreement. 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.
6. Preparation of Aoreement. No inference,
presumption shall be drawn from the fact that a
attorney prepared and/or draft_ed this Agreement.
conclusively presumed that both parties participated
preparation and/or drafting this Agreement.
assumption or
party or his
It shall be
equally in the
.
7. Recitals; Exhibits. Any recitals set forth above are
incorporated by reference into this Agreement.
8. Attornevs' Fees. In the event of any dispute arising out
of this Agreement, the prevailing party in any action shall be
entitled to reasonable attorneys' fees in addition to any other
costs, damages, or remedies.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
EASTLAKE DEVELOPMENT COMPANY, a
California general partnership
comprised Of corporations
By:
Mayor Protem of the City
of Chula vista
By: Daniel V, Inc., a California
corporation, General Partner
By:
Robert Santos, its
Attest:
city Clerk
Approved as to form by
Bruce M. Boogaard, City Attorney
eastlk6.wp
January 22, 1991
Agreement Re. Condition No. 80
Page 5
DfPFf
Exhibit A
Legal Description of Golf Course Lots
eastlk6.wp
January 22, 1991
Agreement Re. Condition No. 80
Page 6
COUNCIL AGENDA STATEMENT
Item /2,
Meeting Date 1/22/91
ITEM TITLE: a) Resolution /fJlOa.C/ Approving Final Map and associated
Subdi vi sion Improvement Agreement for Chul a Vi sta Tract 89-8,
Woodcrest Southwestern and authori zi ng the Mayor to execute
said agreement
b) Resol ut i on If.Ol.S:- Accepting those portions of Lots 108
and 109 of Map 10245 reserved for future street and officially
naming them "Woodcrest Str;e~!f /'
SUBMITTED BY: Director of Public work~/r-
REVIEWED BY: City Manager!~ (4/5ths Vote: Yes_No-1L)
'!J
On September 26, 1989, by Reso 1 ut i on 15319, the City Counc il approved the
Tentative Subdivision Map for Chula Vista Tract 89-8, Woodcrest Southwestern.
The fi na 1 map and associ ated agreement for thi s subdi vi s i on are complete and
are now before Council for approval.
RECOMMENDATION: That Council adopt the reso 1 ut ions as 1 i sted in the t itl e
hereto.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Chul a Vi sta Tract 89-8, Woodcrest Southwestern Subd i vi s ion, cons i sts of a
project containing 54 single-family lots and one open space lot on 19.6 acres
located north of Telegraph Canyon Road between Buena Vi sta Way and Apache
Drive. A plat of Woodcrest Southwestern is attached.
The final map for said subdivision has been reviewed by the Publ ic Works
Department and found to be in conformance with the approved tentative map and
all relevant conditions of approval have been completed. Approval of this map
constitutes acceptance on behalf of the public of Shepherds Knoll Place,
Southview Circle, Southview Court and a portion of Woodcrest Street dedicated
on the map . Approval of thi s map also const i tutes acceptance of Lot "A" for
open space, public utilities and other purposes and acceptance of the
dra i nage, sewer and temporary slope rights easements a 11 shown on the map.
The property is already included in Open Space Maintenance District No. 1 and
the correspondi ng assessment wi 11 be reap port i oned after fi na 1 map approval.
Approval of this map also constitutes acceptance of abutters rights of access
in and to Southview Circle adjacent and contiguous to Lots 46 through 54.
Easements and open space lots are shown on the attached Exhibit "A".
Portions of Lots 108 and 109 located adjacent to Apache Drive were offered for
dedication on Map 10245, Charter Point Subdivision Unit No. 1 recorded October
22, 1981. At that time, the City Council rejected the offer of dedication.
Access to Woodcrest Southwestern Subdi vi si on wi 11 be off of Apache Dri ve by
way of Woodcrest Street. Acceptance of that portion of the street is
necessary to provide public access to the subdivision.
I;). ... ,
Page 2. Item
Meeting Date
I'L
1/22/91
Section 66477.2 of the Government Code of the State of California provides
that a rejected offer of dedication shall remain open and subject to future
acceptance by the governing agency.
The developer has executed the subdivision improvement agreement and has
provided bonds to guarantee construction of the required improvements for said
subdivision. He also has paid all fees, executed the required documents and
compl ied with all the conditions of approval of the tentative map with the
exception of Condition 39.
Condition 39 states that the subdivider shall pay one-half of the prorated
cost of a reclaimed water 1 ine in Telegraph Canyon road and the full cost of
the servi ce connection to Open Space Lot A. Currently, Otay Water Di stri ct
does not have an estimate of the construction cost of the line. Consequently,
the developer has submitted a letter in which he agrees to pay the
aforementioned cost prior to issuance of the first building permit. Staff has
found this proposal acceptable and recommends approval by the City Council.
Plats are available for Council viewing.
FISCAL IMPACT: None.
EY-331
WPC 5403E
{2-1-
RESOLUTION NO. I~~t/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP OF CHULA
VI STA TRACT 89-8, WOODCREST SOUTHWESTERN,
ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC
STREETS DEDICATED ON SAID MAP, ACCEPTING ON
BEHALF OF THE CITY OF CHULA VISTA THE
EASEMENTS GRANTED ON SAID MAP WITHIN SAID
SUBDIVISION, AND APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 89-8, WOODCREST SOUTHWESTERN, and more
particularly described as follows:
Being a subdivision of Parcel 1 of Parcel Map N. 15355,
in the City of Chula Vista, County of San Diego, State
of California, filed in the office of the County
Recorder of San Diego County, August 30, 1988 as
File/Page No. 88-43396l of Official Records.
Area: 19.628 Acres
Lettered Lots: 1
Numbered Lots: 54
No. of Lots: 55
No. of Units: 54
is made in the manner and form prescribed by law and conforms to
the sur rounding surveys; and that said map and subdi vis ion of
land shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Shepherds
Knoll Place, Southview Circle, Southview Court and a portion of
woodcrest street and said streets are hereby declared to be
public streets and dedicated to the pUblic use.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula Vista the sewer, drainage and
temporary slope rights easements and Lot "A" for open space,
public utilities and other public uses, and abutters rights of
access in and to southview Circle adjacent and contiguous to Lots
46 through 54, all as granted and shown on said map wi thin said
subdivision, subject to the conditions set forth thereon.
/2- -3
-1-
BE IT FURTHER RESOLVED that the City Clerk of the City
of Chula Vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said
Council has approved said subdivision map, that said public
streets are accepted on behalf of the public as heretofore stated
and that those certain easements for sewer, drainage and
temporary slope rights and open space, public utilities and other
public uses and abutters rights of access, as granted thereon and
shown on said map within said subdivision is accepted on behalf
of the City of Chula Vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she
is hereby directed to transmit said map to the Clerk of the Board
of supervisors of the County of San Diego.
BE IT FURTHER RESOLVED
Improvement Agreement for Chula
SOUTHWESTERN, a copy of which is
City Clerk, is hereby approved.
that that certain Subdivision
Vista Tract 89-8, WOODCREST
on file in the office of the
BE IT FURTHER RESOLVED that the Mayor
Chula Vista is authorized and directed to execute
for and on behalf of the City of Chula Vista.
of the City of
said Agreement
Director of
Ar~'
IBruce M. Boogaa
orm by
Presented by
John P. Lippitt,
Public Works
8429a
City Attorney
/),-'/
-2-
RESOLUTION NO. /fJ,02.$''
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THOSE PORTIONS OF LOTS
108 AND 109 OF MAP 10245 RESERVED FOR FUTURE
STREET AND OFFICIALLY NAMING THEM "WOODCREST
STREET"
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, Chula Vista Tract 89-8, woodcrest Southwestern
Subdivision, consists of a project containing 54 single-family
lots and one open space lot on 19.6 acres located north of
Telegraph Canyon Road between Buena Vista way and Apache Drive;
and
WHEREAS, portions of Lots l08 and l09 located adjacent
to Apache Drive were offered for dedication on Map 10245, Charter
Point Subdivision Unit No. 1 recorded october 22, 1981 and at
that time, the City Council rejected the offer of dedication; and
WHEREAS, access to Woodcrest Southwestern Subdivision
will be off of Apache Drive by way of Woodcrest Street and
acceptance of that portion of the street is necessary to provide
public access to the subdivision; and
WHEREAS, Section 66477.2
State of California provides that
shall remain open and subject
governing agency.
of the Government Code of the
a rejected offer of dedication
to future acceptance by the
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby accept those portions of Lots
l08 and l09 of Map l0245 for future street and officially naming
them "Woodcrest Street".
John P. Lippitt, Director of
Public Works
8437 a
"'y
City Attorney
Presented by
/2')
17.. -b
;
JAN 17 '91 16:47 WOODCREST 3D
'"
P,2
WOODCREST
DEVELOPMENT OF SAN DIEGO, INC.
S~7a Keamy Villa Rcl.. Suite 210 . San Dlelo, CA 92123
16191277.9110 FAX IGI9} 277,9820
January 17, 1991
Mr. John Lippitt
Engineering Department
CITY OF CHOU VISTA
276 Fourth Avenue
Chula Vista, CA 92010
RE: WOOn01lll811!' 80U'1'1IWBBTEllUf
Dear John:
To satisfy condition 39 of the map, Woodcrest agrees to pay its
prorated cost of the reclaimed water main as stated in the
condition. We have already paid otay Water District $2,000 for
the lateral service to open space Lot "A."
We will pay our prorated share of the water main prior to
occupancy or when the amount has been determined by the otay
Water District - which ever comes first. If at the time of
occupancy this amount has not been determined, otay Water
District and Woodcrest will mutually agree upon an independent
enqineer who will determine the cost of the water main. Upon
mutual agreement of the water main costs, we will immediately pay
that amount to the otay Water District which will in turn satisfy
condition 39 of the map.
If in the future, it is determined that the reclaimed water main
will not be built, Otay Water District agrees to refund the above
reterenced monies as well as the previous $2,000 paid for water
lateral service to Lot A.
Please call if there is a problem with this arrangement. Thank
you tor your attention to this matter.
Sincerely,
/j
1~-7
Recording Requested by:
CITY CLERK
when Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 92010
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 199 , by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and CHULA VISTA 54
ASSOCIATES, 5473 Kearny Villa Road, Suite 2l0, San Diego, California
92123
hereinafter called "Subdivider";
WIT N E SSE T H :
WHEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as Woodcrest
Southwestern
pursuant to the provisions of the Subdivision Map Act of the State of
California, and in compliance with the provisions of Title 18 of the
Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and,
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the
Council for purpose of recording in the Office of the County Recorder
of San Diego County, or, as an alternative thereto, Subdivider shall
enter into an agreement with City, secured by an approved improvement
security to insure the performance of said work pursuant to the
requirements of Title l8 of the Chula Vista Municipal Code, agreeing
to install and complete, free of liens at subdivider's own expense,
all of the public improvements and/or land development work required
in said subdivision within a definite period of time prescribed by
said Council, and
Form NO. CA-4l0
Revised 11/90
1;).-1 -l-
WHEREAS, subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider' will install
and complete, at Subdivider's own expense, all the public 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. 153l9, approved on the 26th day
of September, 1989 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public improve-
ment work have been prepared and submitted to the city Engineer, as
shown on Drawings Nos. 90-l239 through 90-1253 , on
file in the office of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $8l0,000.00.
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 Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish the
necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by this
reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all
have been or will be installed within thirty (30) days
completion and acceptance of the Improvement Wor k,
Subdivider has installed or will install temporary street
if permanent street name signs have not been installed.
monuments
after the
and tha t
name signs
/~-cr
-2-
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 third anniversary date of Council approval of
the Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not be
issued until the City Engineer has certified in writing the
completion of said pUblic improvements or the portion thereof serving
said building or structures approved by the City; provided, however,
that the improvement secur i ty shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the state of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of FOUR
HUNDRED FIVE THOUSAND DOLLARS AND NO CENTS ($405,000.001
which security shall guarantee the faithful performance of this
contract by Subdivider and is attached hereto, marked Exhibit "A" and
made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of FOUR
HUNDRED FIVE THOUSAND DOLLARS AND NO CENTS ($405,000.00)
to secure the payment of material and labor in connection with the
installation of said public improvements, which security is attached
hereto, marked Exhibit "8" and made a part hereof and the bond
amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of FOUR
THOUSAND DOLLARS AND NO CENTS ($4,000.00) (per private engineer's
estimate)
to secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
I;;' _(0
- 3-
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of the
Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the
City, as are approved by the City Council at the time of engaging the
work to be performed. Upon certification of completion by the City
Engineer and acceptance of said work by City, and after certification
by the Director of Finance that all costs hereof are fully paid, the
whole amount, or any par t thereof not requi red for payment thereof,
may be released to Subdivider or its successors in interest, pursuant
to the terms of the improvement secur i ty. 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.
lO. It is also expressly agreed and understood by the
par ties hereto that in no case will the Ci ty of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer,
his sureties or bondsmen, be liable for the payment of any sum or
sums for said work or any materials furnished therefor, except to the
limits established by the approved improvement security in accordance
with the requirements of the State Subdivision Map Act and the
provisions of Title l8 of the Chula Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (inCluding plan checking, inspection, materials
furnished and other incidental expenses) incurred by City in
connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with
City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City, Subdivider
will be responsible for the care, maintenance of, and any damage to,
the streets, alleys, easements, water and sewer lines within the
proposed subdivision. It is further understood and agreed that
Subdivider shall guarantee all public improvements for a period of
one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the
acts or omission of Subdivider, its agents or employees in the
performance of this agreement, and that upon acceptance of the work
by City, Subdivider shall grant to City, by appropriate conveyance,
the public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a waiver
of defects by City as set forth hereinabove.
IJ..-({
-4-
13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect and
hold the City, its officers and employees, harmless from any and all
claims, demands, causes of action, 1 iabili ty 0 r loss of any sort,
because of or arising out of acts or omissions of Subdivider, its
agents or employees, or indemnitee, related to this agreement;
provided, however, that the approved improvement secur i ty 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 paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
l4. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from any
claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the City, advisory agency, appeal board, or legislative
body concerning a subdivision, which action is brought within the
time period provided for in Section 66499.37 of the Government Code
of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set forth.
SUBDIVIDER: CHULA VISTA 54 ASSOCIATES
A California Limited Partnership
Wooderest Develo ment of San Diego,
neral P tner Ine,
THE CITY OF CHULA VISTA
Mayor of the city of Chula
Vista
ATTEST
~ tl . Van Daele, Vice President
City Cler k
I;). --I ()-.
(Attach Notary Acknowledgment)
-5-
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount: $405,000.00
Exhibit "B"
Improvement Security - Material and Labor:
Form: Bond
Amount: $405,000.00
Exhibi t "C"
Improvement Security - Monuments:
Form: Bond
Amount: $4,000.00
Securities approved as to form and amount by
Clty Attorney
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement
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"EXECUTED IN TRIPLICATE"
BOND Fon MATERIAL AND LABOR
BOND # 3SM 762 418 00
PREMIUM: Incl. W/Perf. Bond
WHEREAS, the City Council of the City of Chula
Vista, State of Ca.lifornia, and Chub Vista 54 Associates, A CA Part. LTD.
(here~nafter designated as
"Pr~ncJ.pa~") have entered J.nto an agreement whereby principa.l
agrees to install and complete certai~ designated public
improvements, which said agreement, dated December 6
19 90 , and identifi.ed as ?roj ect 89-8 Chub Vista
Woodcrest Southwestern is hereby referreCl to and
Il\4de a pU'C hereof i and
WHEREAS, Under the terms of said agreement, pr1nc1p<<1
is required ~efore entering upon the performance of the worK, ,
to file a good and 3ufficient payment bond with the City of
Chula Vista to secure the claims to which reference is made in
Title 15 (commencing with Section 3082) of Part 4 of Division
3 of the Civil Code of the State of California.
NOW, THER-~ORE, said princi?al and tne undersigned
as corporate sure'Cy, ue held firm~y bound unto the City of
Chula Vista and all contractors, subcontr~ctors, laborers,
materialmen and other persons employed in the performance of
tne aforesaid aqraament and refarred to in the afore_aid Code
of Civil Proc:edu.r~ in the sum of Four Hundred Five Thousand
and No/lOO**************************dollars t$ 40t.pog.oo*****), for
materJ.als furnJ.shed or labor thereon of any J.r., or for amounts
due under the Unemployment Insurance Act with respect to such
work or labor, ~~at said surety will pay the same in an amount
not exceedinq 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, includL~q reasonable attorney's faas, incurred by the
City of Chula Vista in successfully enforcinq 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 fi.le claL~s under Title
lS (commencing with Section 3082) of Part 4 of Division 3 of
~he Civil Coda, so as to give a right of action to them or
their assigns in any s~it brought u~on this bond. ~
Should ~~a condition of this bond be fully performed,
then this obligation shnll become null and void, o~herwise it
shall be and remain in full force and effeot.
/;;.-Ic.f
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The surety hereby stipulates and agrees that no
change, extension of time, alteration or addition to the
terms of said agreement or the s~ecifications accompanying
the same shall in any manner affect its ooligations on this
bond, and it does hereby waive notice of any such change,
extension, alteration or addition.
In wit..'.uuls whereof, this instJ:ument has been
c1uly ~execute(f~by-t.~e-l?dncipal and surety above named, on
December 19 1990
~mY74.~\W//ffff~~~\\\\\~J'J'J'U~\\\\\\~/.A\\~\\~\\\~
~ STATE OF CALIFORNIA I ss - ~
~ COUNTY OF 0 RAN G E ) , DEe 19 1990 ~
~ ON 19_,before ~
~ me a Notary Public in and for said Stille, personally appeared ~
~ Dou~ Lane personally ~
~ known to me to be the person whose name is subscribed to the ~
~>>' ()ff1CIALSEAL within Instrument as the Attorney,;n,Fact of AMERICAN ~
'J KIMNGUY~ MOTORISTS INSURANCE COMPANY, and acknowledged to ~
I ""'::~~.. me that he subscribed the name of said Company thereto as ~
:::::; "'Co;::t::;,~.""... .l Surety, and hiS own name as Attorney,in,Fact, ~
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~ ~
~ ~~ ~
~ ~Iic ~
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~ I A I'E ut' L'ALlHH<NIA 1
COUNTY or 0 ran l?:e S5.
()n this ~t_h day of J anua ry in the year of
_1991 , hcfore me, the undersigned, a Notary Public in
and lor ~aid County and State, Persnnally appeared
D 3 V i...d. A rn old Per:'.onally known
to me (or pmvel! to me on the basis of satisfactory eVidence) to be the
~~- _ PreSIdent, and
Kennet~ Edwards
personally known to me (or proved to me on the baSIS ofsati.~factory evidence)
10 be the Ass is tan t
Secretary 01 Woodcrest Development of San Die~o.
the corporation that executed the withm instrument and known to me
to be the persons who executed the within instrument on behalf of said
corporation, saId corporation being known to me to l:le one of the partners of
r.nI11::t Vi~t"::t C)4 A~~ori::tt"p.~ the
partnership that executed the whithin inMrument, and acknowledged to me that
such corporation executed the same as such partner and that such partnership
mcuted the 'ame y {;f:. riL-
B.A. E 'e
Name (Typed 01 Pnnted)
Notary Puhlic in and for said County and State
Inc.
Of'FICIAlSEAl
B,A, EGE
NOTARY PUBLIC CAliFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
MyCommlS$lon Exp, Nov.l3 1992
FOR NOTARY SEAL OR STAMP
F 2469 (Rev. B-B7)
IJ- --IS
...."', ,- . '..
.......... "
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"EXECUTED IN TRIPLICATE"
BONO FOR FAITHFUL PERFORMA~CE
BOND # 35M 762 418 00
PREMIUM: $4,050.00
WHEREAS, The Cit~ Council of the City of Chula Vista,
State of California, and Chula Vista 54 Associates 'A CA P
.' ere na ter es~gnated as
"pr:LIlcillal"l have entered. into an agreement whereby principal
agrees to install and complete certain designated public
, L'ltprovements, which said agreement, dated December 6,
19 90 , and identified as proj eet 89-8 Chula Vista Woodcrest
Southwestern ' J.S hereby
referred to and made a part hereof; and
of said
of said
mm~AS, Said principal is required. under the'terms
agre~ent to ~urnish a bond for the faithful performance
agreement.
NOW, THE~EFORE, we, the principal and
American Motorists Insurance Com an I a.s sure-e.y I are
.eld and J.:m~y bound unto ~~e City Ot Chula V sta, hereinafter
clillled .City", in the penal sulu of ****Four Hundred Five Thousand
and Noll OO***************************,.c,olla.:: s {$ 405,000.00*********** l
la~ul money ot ehe United States, for the payment of whJ.ch sum
well and trUly to be made, we bind oursalves, our heirs,
succe..or5, execu~ors and administrators, jQL~tly and severally"
f1r=ly oy the.. presents.
Theccndition of this obligation is such that if the
above bounded principal, his or its heirs, executors, adminis-
trators, 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 ag=eement and any altera-
tion thereof made as therein provided, on his or their part, to
be kept and performed at the time and in tha manner therein
specified, and in all respects accordin9 to their true intent
and meaning, and shall indemnify and save harmless the City of
Chula Vista, 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 a part of the obligation secured hereby and in
addition to the face amount specified therefor, there shall be
included eosts and reasonable expenses and fees, including
rea.sonable attorney's feeS, incurred by ~he City 1n successfully
enforcing such obligation, all to be taxed as costs and in-
cluded in any judgment rendered_
~
The surety hereby stipulates and agrees that no change,
extension of time. alteration or addition to the terms of the
I,}.. -/(,
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agreement or to the work,to be perform~dlih1~e~~~:~s~rai~:ct
specifications accomp~nY1nq the ~a~~ ~o:s hereby waive notice
its obliqations on th1g bo~d, a~ t7 alteration or addition
of any such change, ex~ens~on 0 1meth, ork or to the speci-
to the terms of the agreement or to e w
fications.
In addition to the acts bonded for pursuant to the
. t d -~ the ~ollowing acts and performances
ag~eement ~ncorpora e ~ove, - , .'
ar; additionally subject to the terms of th1S agreement.
In witness whereof,
executed by the principal and
December , 19 90
this instrument has
surety above named,
been duly
on 19th
.
~~~~~~~\\\\\~J"J"J'U.6:\\\\\\\\.~/.A\\~~~\~\\~
~ \ STATE OF CALIFORNIA I ss, ~
~ COUNTY OF 0 RAN G E ) ON DEe 19 1990 19 _, before ~
~ me a Notary Public in and for said State, perSOnally appeared~ J:::
..."" Dou~ Lane personally I':
~ ,.- -- " known to me to be the person whose name IS subSCribed to the I..~
~~S f, ;; ~f'-\'-'--';'=;~!~~;''''' J, within Instrument as the Attorney,in,Fact of AMERICAN ~
~ If' ",...,,,',,.(, KIM NGUYEN, MOTORISTS INSURANCE COMPANY, and acknowledged to ~
~] ! \~&~.<,,#, NQ1'==~ :J me that he subscribed the name of said Company thereto as S
a ! "-::O~'." ..,eamm..............II.. ( Surety, and hiS own name as Anorney,;n,Fact. ~S
~ )
A-::
~ ~
~ <... -;?i~ ~
~ ;tar~ Public ~
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STATE OF CALlHJRNJA )
COUNTY OF Oranve 55.
On thi~ 7th day of Januarv . in the year of
1991 , before me, the undersigned. a Notary Public in
and for said County and State. Personally appeared
----11ayirl A r no 1 d Personally known
to me (or proved to me on the basis of satisfacfOry evidence) to be the
V i ~ e President, and
--Kenneth G. Edwards
persllnally known (0 me (or proved 10 me on the baSIS of satisfactory evidencel
to be the Assistant
Secretary of Woodcrest Develonment of San Diego. rne.
the corporatIOn that executed the withm instrument and known (0 n.le
to be the persons who executed the within in:>trument on behalf of said
corporatinn, said corporation being known to me to be one of the partners of
r.hll1~ Vi~t"~ ,4 Aq,q,ori::ltps the
partnership that ex.ecuted the whithin instrument, and acknowledged to me that
such corporation executed the same as such partner and that such partnershIp
execuled Ihe ,"me. ~<<5!Z-
B.A. E
Name (Typed 01 Pnnted)
:\'utary Public in and for ~aid County and State 1;)../7
OFFICIAL SEAL
B,A, EGE
NOTARY PUBLIC CAliFORNIA
PRINCIPAl OFFICE IN
ORANGE COUNTY
My CommlSStOn Exp. Now.!3 1992
FOR NOTARY SEAL OR STAMP
F 2469 (Rev. 8.87)
SURVEY :-IOl"U;'i:NT :;:t,STZ\L~i\1'J:CN !JOND
. BOND , 35M 762 417 00
EXECllTJID IN TRIPLICATE PREMIUM: $100.00.
~ /. Chula Vista 54 Associiltes
KNOt; ALL ~lEN BY THESE PMSENTS, .h.:l.t I \~e A California Part:nership eimite(
as t~e subdivider and P=incipal, and the American Motorists Insurance Company
a Corporation of theStata of Illinois , as Sure~y, are held and
firnly bound untO the City of Ch~la V~sta, a mun~ci?~l corpor.:l.tion, in the
County of San Diego, State of California, and to and for the benefit of an:
and all persons who may suffer damage by reaaon of the breach of the con-
ditions hereof, in t.ie penal sum of Four Thousand and NO/IOO***********************
($ 4,OOO.00******) lawful rnor.ey of the United States 0: i\.rnerica, to be paJ.d tt
the S4J.C. C~ty of Chula Vist~.
~~EREAS, the said P=incipal is presently engaged in subdividing
c:er'::ain lanes to be known as Tract 89-8 Chula Vista subdi ...ision in the
Cit7 of Chula Vista, in accordance w~ch c~e Ccncract for C~~pletior. of
ImFrovements aut.~orized by ReSOlution , and
WHE~AS, t~a said ~rinoipal desires no~ to see durable ~onucents
prior to the recordation of the final ~p of the subdivision 'and desires
to set. same at a latB~ date,
NO~'l, T:SZRE;O~, 't...~e co~di t.i.::n of t:o..2 abo".1e oJ: l:.;a ~':'=:1 is t::a t if th
P=:.::.c:.pal shall have ~et. du:;-able r:O:1u:i':.~n~s of t~e sU=~i"ey by
(naz=e 0=
, as pe::: t:.e final mal?of said subd:.'!:.sicn, a copy of
EngJ..I:eerl
which is on fils wi~~ the Ci~y Er.~ineer of the City 0: Chula Vist3, re=~r-
'. enoe to which said map is hereby made and same is incorporated herein as
though he:::e set for~~ in full, and according to ~1e ordinances of the City
of Ch~la Vista L, force and effact at the time of giving of this bend, on
or before the expiration of thirty i30) consecutive days following comple~
and acceptance of publ:.c improvements wi~hin said s~div:.sion, t.~en the
Obligation shall be void, othe~lise to remain in full fO:::C5 and e~!ect.
IN WIT~ESS WHEREOF, ~~e said Pri~cipal and Surety have hereunto set
their hands, this 19th day o:l! n".."mhPr , 19 90 .
AP!i'MVE~ AS TO FORM:
Chula Vista 54 Associates,
A California. Partnershi~ Limited
(Pr:.ncl.j?al)
SEE ATTACHED SIGNATURE PAGE
(SurGcy)
o orists Insurance Company
BY
:-----
C.:..c:y Attorney
-A ~n-Fac'::
Doug Lane
~
7470 N. Fi~eroa. Los Angeles. CA 90041
(S'it'Ol;Y Address)
PW-E-34
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p~r~onaJJy known 10 me (or proved to me on the basis of satisfactory evidence!
to be the Assistant
Secretary of Woodcrest DeveloDment of San Diego.
the corporation that executed the within Instrument and known to me
to be the persons who executed the within instrument on behalf of said
corporation, said corporation bemg known to me to be one of the partners of
r.n111;:J V;~t";:J '14 A~~()('i;:Jt"p~ the
partnership that executed the whithin instrument, and acknowledged to me that
such corporation execu~cd ~me as such partner and that such partnership
executed the same. --- 0<<.) ~
B . A. Et'e
Name (Typed of Printed I
Notary Public in and for said Cnunty and Slale
STATE OF CALIFORNIA
COUNTY OF Oranp:e
On this 7th day of Januarv
1991 . before me, the undersigned,
and for said COUnly and State, Personally appeared
---I2ii'LLd A Tn 0] d
to me (or proved to me on the basis of s<Jli~fac!()ry
Vice
--Kenneth G. Edwards
SIGNATURE PAGE
Chula vista 54
California Limited
Associates,
Partnership
a
By:
Woodcrest Development
Diego, Inc. , its
Partner
of San
Managing
By:
8;~/)C3;./{<,-1;J
Its:
By:
Its:
} 55
, in the year of
a Notary Public in
Personally known
evidence) to be the
President. and
Inc.
OFFICIAL SEAL
SA EGE
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My CommisSion txp Nov 13 1992
FOR NOTARY SEAL OR STAMP
F 2469 (Rev. 8-87)
I;). -I'
AMERICAN MOTORISTS INSUltANCE COMPANY
No.. Office: Long Grew., XL 60049
.' .
naTlonaJ.
:oj -:oj - IOSURam::!!
CIlffiPames
. .
POWER OF ATTORNEY
Know All Men By These Presents:
,...t the "-'"iean Motori.ts ~ ~ , ,~',. corpa~tion organiz-d and existing l..nder in. 1.... of the stat. of
Illinoi., .... Iwving ita prinaip.l office in Lang G~. Illinois. do.. n.~ appain lJ..UI..lIlIJflm....nllUllllll1I11R..IJUHIf.
Doug Lane of Anaheim, California *********************************************
it. t"'- and t..ful av-ntCsJ and attonwytsJ-in-fact. to -'<., .xecut., ...1, W"M:I ct.li.,.,. during the period beg:il'Y'ling
",ith the ate of i-- _ of this pcIINW" ...d .-.ding D-=-iM1"' 31, l'''~, U'11... sooner ,-.yoked fo,.. Ilf"'Id on its b.lwlf as
.......ty. .... .. it. _t .... -, Any and all bonds and undertakings provided the amount of
no one bond or undertaking exceeds FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)
******************************************************************************
ElCI:EPTItt.. NO AUT1IllRITY i. granted to _. _t.. _1 .... delive.. -..y bond 0.. .......t.l<ing ..nich gutll"Wlt... the
~t or colleotian of rty p".isaory not., dwck, draft or 1.tt.,. of creeli t..
Thi. ...-..ity - not .......it the _ oblillllUon to be split into t.G 0.. _... banda in orde.. to b..ing each such bond
wi thin the dolla.. liooit of ...tho..i ty .. set forth ......in.
This ~i"*-,i .-y be NVOked at .-wy ti-a by the .....iean Motorists Insu,..".. ~~.
The --=utian of such bonds .-,d .......'bkings in PUI"'SU8I"ICa of these p,....,ts slwll be .s binding upon th. said Am8,.ican
Iloto..ista ~ C.....-ny .. fully"" _ly to dl int..ta .... purpo_. .. if the s_ had bean duly "".....ted and
acknowledg.d by it. regularly .l.,ted officers .t its princip8l office in Long Grove, Illinois.
THIS API'OIHrl1ENr SHALL CEASE AHD TERI'IINATE HITHllUT NlIT:tCE AS OF DECEItlER 31. 1992.
Thi. - of Attor..y i. _ed by ...thority of . ......lution adopted by the Ex-.oHve C.,..iH_ of the _rei of
Di~ of _id ~ri~ I'btorist. ~ C~ on Flllbnary. Zl, 1988 at long ~, Illinois, a true and
aoourat. _ of ..nich i. ......inaft.r set forth .... i. haraby .,.,.tified to by the ........ignad s.c...tary a. being in
full fore. .... .1*...t,
-voTED, ht the o.i.--n of the 8oIIrd, the Preaid.nt, or MY Vie. Presid.lt, or their appoint_ designatad in
....iting .... filed with the s......t.ry. 0.. the s.c...t.ry shall ...... the _ .... autho..ity to appoint agwlts and
.ttornaya-in-fact. .... to ...thor;",. _ to _t. on _If of the C~. .... .Hach the ...1 of the C""",any
thereio, banda ... u~rt.kingll, recogniz.ncea, cantMlCU of ~ity ... other writings, oblig8tory in the ".tur'1l
ttwr.of, and arty such officers of the -: ......_ .~ -.y ~int aa-nts for accept.nc. of process."
Thi. Pa.er of Attorney i. signed, sealed and carii fied by facsi.ile ....r and by autho...i ty of the follcwing r"'esolution
adopted by the E-=Hve c.-it_ of the _rei of Di.....to... of the C~ at a _Hng duly called and held on the
23re1 day of FMnary. ,198111
"VOTED, 'ht the sigrwtura of the o.i,..." of tIw ao.rd. the P,....ident, any Vice Presid.nt, or their a~int...
daaigna_ in ....iting .... filed with the s.c...t.ry. .... the signature of the s.c...tary. the s_l of the Comp.ny and
~tifiQtians by the s.cr.ury, -.y be affixed by t.c.i.il. on eny pcMIM"' of attorney or bond mc-.:ut..:j PUr"suant to
reaoluHon adopted by the E-=Hve C.,..i H_ of the _rei of Di.....to... on Fab""Sry Z3. 1988 and arry such _.. so
ex8C:Uted, ..lad and c:ertified with ....".,i: to any bond or ....rtaking to which it is .ttacn.d, sh811 continue to bre
velid .... binding ....... the C.....-ny..
In r..ti-.ny "'reo1, the ......ican ttatorist. Ins~ C~ has caus.d this inst"--"t to be signed and its
corporat. s_l to be affixed by its ...-..izad officers. this .l'lth day of September . 19 ~,
Att..ted and C.rtified:
AMERICAN HlJTORISTS INSURANCE COI1PANY
7c-#c~-r
F, c. McCullough, Secretary
STATE OF ILLINoIS ss
CllLtIrY OF LAKE
By
Y- ~ ~4 "'~
, J. S. Kemper. III. Senior Vice President
t1y ~ission expires: 5-1~-94
Public
I. Graca E. Condon. a Hotary Public. do hereby ""..tHy that J. S. KIIlIlp8'" III and F. C. tlcCullcuo;n pars.",.,lly known ~o
.. to be tIw s_ p.rsons wnos. ".... are r"'es.-ctively Ill. S.,io... Vie. Pf"'esid.,<t and s.c...tary oT the A....rican l1o'torists
I".u~ COIIIpWty, a Corporation of tt. st.1:. of Illinois, subscr"ib.d to tn. foregoing inst~t, appeared befor"'e '-
this day in person and s.verally ackncededged tNit they being tfwr"'-..,to duly authorized signed, ,_led with in.
cor"pOMlta '_1 and d.livered ttw said i"'1:~t .. tht fr_ and volt.ntary act 0'# said cor-poration and .s their own
free ~ vol~bry act fa... th. ~_ ... purpo... *-...",i" s.t forih. _/
*.................................... ~/ r; // /'
~ "OFFICIAL SEAL" ~ ---<:/~_ C. -r;~,-
3 Grace E. Condon ~ - -
~ Notary Public. State at Illinois )> Grace E. Condon, Not>>ry
3 My CcmmlSSIOft flQlr" 5114194 ..
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"" 836-5 5-'10 1M
PONe'" of Attorney ~ Te~
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pqYNTEO TN t J ~ 3.
CERTIPICATION
J:, .... 8. ttcCI.ain. st!are-t-rv of the .....i~ f.'otorisi. I".,ranc8 C~ do ~ c:ertify ht the .ttadwd PQlIer
of Att~ dated ::;ep'tember 1". lYyu on '*-11 of ..I.l.Ql.lll: LaDe of Anaheim
rRljforn1R ***********~~4**~~*****************~****4*****4*44*4*44~~*44****
ia a t.... - correct copy - that - __ hOIa -. in full force _ aff_t ou- _ dot. thereof _ io in full
fo~ ..t .11ect on ttw date of this c::er-tificate. .-,d I do further cartify ht the said .Ja $. ~,., UX wd
P. c. l1cCul1ough ....... .-cut.. tfw Power ol At-torn.y .. s.-tior Vice p,....i~t ..wJ s.c~U1ry .-..p.ctiv.ly ...... on the
_t. of the ecacutian of ttw .ttached Peller of At-tor-n.y the duly eleoted s-tio,. Vice P,...id.ni ..... s.o~ury 0'1 the
-iCWIttotoriat. z---- C_.
IN TESTDDIV _REM, I "- hOI.....to oUoaoribod "Y _ _ affixed _ co.,..,..t. _1 of _ _riCWI ttotoriots
:rn.ur- C , IY on thia day of nr:r t A 1990 . 19 _'
0/'8 fl~
lee B, McCWn, _IV
Thia "- of Attorney liata _ ..to of thou .- _...in to _ bonds _ _toI<inga _ificolly .-
thwoin. - it.y '- no authority to bind _,. , ... _t in _ ___ _ to _ _t..t hOI...in ot.ted.
"' 836-5 7/118 ltl
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Revised 10/2/89
RESOLUTION NO. 15319
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SECTIONAL PLANNING AREA
PLAN AND TENTATIVE SUBDIVISION MAP KNOWN AS
WOODCREST SOUTHWESTERN, CHULA VISTA TRACT
89-8, LOCATED ON THE NORTH SIDE OF TELEGRAPH
CANYON ROAD BETWEEN APACHE DRIVE AND BUENA
VISTA WAY
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The City Council of the City of Chula Vista does hereby
resolve as follows:
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planning
Woodcrest
subdivide
space lot,
WHEREAS, Woodcrest Development has submitted a
area plan and tentative subdivision map
Southwestern, Chula Vista Tract 89-8, in
19.2 acres into 54 single-family lots and
and
sectional
known as
order to
one open
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WHEREAS, the prope'rty is located on the north side of
Telegraph Canyon Road between Buena Vista Way and Apache.Drive in
the P-C zone, and
WHEREAS, the Environmental Review Coordinator conducted
an Inifial Study, IS-89-63 of potential environmental impacts
associated with the implementation of the project and based on
the attached Initial Study and comments thereon, if any, the
Coordinator has concluded that there. would be no significant
environmental impacts, and recommends adoption of the Negative
Declaration issued on IS-89-63.
WHEREAS, on August 23, 1989, the Planning Commission
voted 5-0 to recommend that Council approve the proposal in
accordance with Resolution PCM-89-20jPCS-89-8, and
WHEREAS, staff recommends that Council concur with the
recommendation of the Planning Commission and in addition, the
project shall be conditioned to require dual water piping to
accommodate reclaimed water to be coordinated with the Otay Water
District and the City Engineering Department.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Chula Vista does hereby approve the sectional planning
area plan and tentative subdivision map known as Woodcrest
Southwestern, Chula Vista Tract 89-8 based on the following
findings:
1.
The site
development
established
is physically suitable for residential
and the proposal conforms to all standards
by the City for such projects.
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2. The design of the subdivision will not affect the
existing improvements streets, sewers, etc.
which have been designed to avoid any serious
problems.
3. The project is in substantial conformance with the
Chula Vista General Plan Elements as follows:
a. Land Use - The project density of 2.8 dulac is
consistent with the EI Rancho del Rey Specific
Plan which calls for residential development at
between 4-6 du/ac.
b.
Circulation The project will be
public streets which conform
standards. A stub-street has been
serve a future development area.
served by
with City
provided to
c. HOusing The project will provide housing
consistent with the Specific Plan designation
and adjoining single family areas to the west.
d. Conservation - No cuI tural resources have been
found on the_ site and _ the value .of biological
resources is low. The. open space area adjacent
to Telegraph Canyon Road shall be revegetated
with native plant species' to mitigate impacts to
a coastal sage scrub community below a level of
environmental significance.
e. Par k and Recreation, Open Space The project
will result in the dedication and enhancement
5.6 acres of open space adjacent to Telegraph
Canyon Road. Park acquisition and development
fees will be collected prior to approval of a
final map.
f. Seismic Safety - The site is not located on any
known active fault trace. A geotechnical
investigation indicates that current bUilding
code requirements are sufficient to protect
dwellings from potential seismic activity.
g. Safety - Fire response time is three minutes, or
well below the City's threshold
seven minutes for 85% of the
hydrants will be required at 500
Police response times are wi thin
standard.
standard of
cases. Fire
feet spacing.
the threshold
h.
Noise - There are no projected adverse
from noise based on the distance
dwellings from Telegraph Canyon Road.
impacts
of the
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Scenic' Highway -" Open
and enhanced adjacent
Road scenic corridor.
Space will be dedicated
to the Telegraph Canyon
j.
Bicycle Routes - There are no designated
routes through the project. Telegraph
Road will be widened to accommodate
travel.
bicycle
Canyon
bicycle
-'k. Public Buildings The project will be
incorporated into an established Mello-Roos
District in order to provide for adequate school
facili ties.
4. Pursuant to Section 664l2.2 of the Subdivision Map
Act, the Commission certifies that it has considered
the effect of this approval on the housing needs of
the region and has balanced those needs against the
pUblic service needs of the residents of the City
and the available fiscal and environmental resources.
5. The sUbdivision has been designed to allow an
east-west orientation for a majority of the
dwellings in order to provide for passive or natural
heating opportunities. The size of the lots along
wi th tiering of lots and pr i vate and common open
space areas will provide for passive or natural
cooling opportunities.
6. The sectional planning area plan conforms with the
El Rancho del Rey Specific Plan and will promote the
orderly development of the property in a manner
which will not adversely affect adjacent land uses,
residential enjoyment, cirCUlation, or environmental
quali ty.
BE IT FURTHER RESOLVED that approval of Woodcrest
Southwestern Subdivision is subject to the following conditions:
1. A maximum of 20% or II lots within the project may provide
sideyard setbacks of 5 ft. and 5 ft. for 3-car garages
provided the lots are developed in compliance with the other
provisions of Resolution No. l3426; namely, that reduced
sideyards shall be level, lO ft. between dwellings shall be
maintained, garage conversions are prohibited as reflected
in the CC&R'S, and locations are subject to staff approval.
2. Lot "A" shall be included within an open space maintenance
district, and subject to a landscape enhancement program to
be reviewed and approved by the City Landscape Architect.
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3. A minimum 10 ft~ level wrdth of landscaping shall be
provided at the rear of Lots 46, 47, and 48; landscaping for
these areas and the slopes at the rear of lots 49 thru 54
(and the side of Lot 54) shall be installed by the developer
and maintained by the owners of the lots as reflected in the
CC&R's. The CC&R' s shall also require a consistent design
and high level of maintenance for these areas. All other
lots within the project shall be included as parties to the
enforcement of these provisions as reflected in their own
CC&R's. - Gates shall be installed at the rear of Lots 46
thru 54 to provide for maintenance access.
4. A 15' wide buffer area featuring trees shall be incorporated
adjacent to the westerly property line of lots 23-29. The
CC&R's shall set forth requirements of maintenance in
perpetui ty and preclude the construction of any structure
higher than 6 ft. in this buffer area. No second-story
balconies shall be constructed or maintained on the west
side of the residences located on lots 23-29. The City
shall be made a party to this portion of the CC&R's to
ensure continued enforcement.
5. The view fencing sharI be used where the open space lot
adjoins Southview Circle; all view fence within the open
space maintenance distr ict shall be provided wi th a slump
stone base approximately 36" high. The owners of Lots 13-22
shall sign a statement when purchasing their homes that they
are aware that the view fence is on City property and that
they may not modify or supplement the fence or encroach onto
City property. The 6' cedar fence with pilasters shall be
extended along the west property line to include lots 23
through 29.
6. The decorative fence shall be used on the exterior sideyards
of Lots 2 & 3 adjacent to the Street between Lots 2 and 3.
7. The retaining wall illustration and notation shall include a
maximum height limit of 7.5 ft. for retaining walls. The
restrictions on retaining walls shall be included within the
CC&R's.
8. The CC&R'S shall contain private fence/wall standards for
slopes and top of slopes as well as landscaping
requirements, subject to review and approval of the Director
of Planning.
9. Written evidence shall be submitted to the City that
agreements have been reached with both school districts
regarding the provision of adequate school facilities to
serve the project prior to approval of the final map.
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10.
The developer shall reach agreement with the Otay
District with regard to the provision of terminal
storage and other major facilities to assure
availability to the project prior to the approval of a
map.
Water
water
water
final
11. The approval of all final maps by the City Council will
require compliance wi th the Ci ty' s adopted threshold
standards to the satisfaction of the Director of Planning.
12. Fire hydrants shall be required at maximum 500 ft. spacing
subject to review and approval of the Fire Marshal.
13. The developer shall construct a knuckle at the west end of
the subdivision to preclude vehicular access through to
Buena Vista Way. The design of the knuckle is subject to
review and approval of the Director of Public Works.
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l4.
The eXisting and proposed right-of-way between the knuckle
and Buena Vista Way shall be redeveloped into a landscaped
pedestrian way under the jurisdiction of an open space
maintenance district. The design and development of this
area is subject to review and approval by the Directors of
Planning and Parks and Recreation.
The developer shall be responsible for the construction of
full street improvements for all streets as shown on the
Tentati ve Map wi thin the subdivision boundary. Said
improvements shall include, but not be limited to: asphalt
concrete pavement, base, curb, gutter and sidewalk, sewer,
water, gas, electr ici ty, telephone, cable television,
drainage facilities, street lights, signs, and fire hydrants.
15. All work within the public right-of-way shall be done in
accordance with the Standard Specifications for Public Works
construction, the San Diego Area Regional Standard Drawings
and the. Design and Construction Standards of the Ci ty of
Chula Vista.
l6.
The developer shall grant
and maintenance easements
Telegraph Canyon Road,
easements shall extend to
sidewalk.
to the City street tree planting
along all public streets, except
within the subdivision. Said
a line lO feet from the back of
l7. Sewers serving 10 or less lots shall have a minimum grade of
1%.
18. An erosion and sedimentation control plan shall be prepared
as part of the grading plans.
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19. The cUl-de-sac and the knuck1-e shall be designed and built
in accordance with City Standards.
20. Spe.cific methods of handling storm drainage are subject to
detailed approval by the City Engineer at the time of
submission of improvement and grading plans. Design shall
be accomplished on the basis of the requirements of the
Subdivision Manual and the Grading Ordinance (No. l797 as
amended) The developer shall submit calculations to
demonstrate compliance with all drainage requirements of the
Subdivision Manual. Calculations shall also be provided to
demonstrate the adequacy of downstream drainage structures,
pipes and inlets.
21. All off-site grading within adjoining private property shall
require a letter granting permission for such work from the
property owners.
22. The sewer system shall be extended to the northerly property
line at a grade and location sufficient to serve the
property northerly of the subdivision. The developer shall
consult with the adjacent property owner to determine the
most desirable location for the sewer. Said extension shall
~15e-Shown- on- tneFTnaT . finprovem-ent- P~ans-Thr:-E1i~s-UDd~ v ~slon:---
23. Paved access shall be provided to all sewer manholes.
Graded access shall be provided to all public storm drain
structures including inlet and outlet structures. The
developer shall obtain and grant to the City easements for
storm drains prior to Final Map approval.
24.
Lots shall be so graded
approved drainage system.
to flow over slopes
as to drain to
Drainage shall
the street or an
not be permitted
25. The boundary of the subdivision shall be tied to the
California Coordinate System - Zone VI.
26.
The design
Chula Vista
standards in
of all improvements shall conform to Ci ty of
Subdi vision Manual, Standard Drawings and City
effect at the time of Tentative Map approval
27.
All vertical curves and intersection
requirements shall conform to the
CalTrans Highway Design Manual.
corner sight
requirements
distance
in the
28. Preparation of final plans shall be based on the approved
City benchmark system.
29. Lots 46 through 54 shall relinquish access rights to
Southview Circle.
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30. No lot shall -be allowed to have frontage on public streets
of less than 35 feet unless said reduced frontage is
approved by the City Engineer.
31. No driveways shall be located within 8 feet of any curb
return unless approved by the City Engineer.
32. The maximum grade at any intersection of two streets shall
be 6% within the intersection and for at least 50 feet past
the nearest curb lines of the intersecting street. This
requirement also applies to the intersection of Woodcrest
Drive and Woodcrest Court as shown on the Tentative Map.
33. The developer shall provide access on an equal basis to and
upon individual lots for all franchised cable television
companies.
34. Unless off-site slope rights are obtained, an easement shall
be granted to the City between the toe-of-slope and property
line on Lots 1-5 and 7-l3 which will allow the City or its
authorized representative to enter the property for the
purpose of grading and related earthwork and/or the
installation of retaining walls at the time the adjoining
property develops. The developer of the adjoining property
as a condition of approval for developing the adjoining
property, shall be required to compensate the City for any
and all such expenses associated with this work, including
any necessary re-landscaping or refencing on the lots.
35. The developer shall enter into an agreement in which he
agrees to not protest formation of a district for the
construction of the Telegraph Canyon Channel or inclusion in
said district.
36.
The issuance of building permi ts for this
predicated on proof of compliance with
Growth Management Program.
project shall be
the City-adopted
37. The developer shall remove the eXisting surface improvements
in Santa Cruz Court west of the project boundary to the
easterly curb of Buena Vista \'iay. He shall construct new
pee curb, gutter and sidewalk along Buena Vista Way, a
concrete pedestrian walkway in the place of the removed
surface improvements and provide landscaping within the
remaining right-of-way to the satisfaction of the City
Engineer and the Directors of Planning and Parks and
Recreation.
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38. Construction of tHe stub stre€t between lots 2 and 3 to the
souther ly subdivision boundary shall be in accordance with
the section shown for Southview Circle and Court. In the
event that permission to work within the adjacent property
adequate for the construction of full street improvements
(as listed in condition "n"' to the subdivision boundary is
not obtained then the developer shall deposit with the City
sufficient money to guarantee such construction. Said
deposit shall be made prior to the approval of the Final Map.
39. Woodcrest Development shall pay one-half the prorated cost
of a reclaimed water main to be installed in Telegraph
Canyon Road based upon their street frontage with the cost
to be the best estimate of current construction costs at the
time of recordation of the final map. In addition,
Woodcrest Development is to install lateral service to open
space Lot A. '
Presented by
APproV~~to form by
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(,~mas J. Harro
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Planning
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Reso1 ution 15319 (~ _
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chu1a Vista,
California, this 26th day of September, 1989 by the following vote:
AYES: Councilmembers: Malcolm, McCand1iss, Moore, Nader, Cox
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Counci1members: None
ATTEST
~/2l?#?!&
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authe1et, City Clerk of the City of Chu1a Vista, California, do
hereby certify that the foregoing Resolution No. 15319 was duly passed,
approved, and adopted by the City Council of the City of Chu1a Vista,
California, at a regular meeting of said City Council held on the 26th day of
September, 1989.
Executed this 27th day of September,1989.
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EXHIBIT FOR CITY OF CHULA VISTA
COUNCIL MEETING
WOODCREST SOU1.21"&:I:L1!lKN: CHllLA. mTA TRACT NO. 89-08
OPEN SPACE: GRANTED BY PM 5481 STREET OEDICAl1ON STREET RESERVAl10N
SOUTHWE:S7ERN COf.lEGE FROII SOUTHWESTERN PEl? MAP 10245
ROS 5911 COlLEGE OPENED
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MAP
8573
SEItER
EASENe/T
DRAINAGE'
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PM 15355
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BlJe/A I1STA
WAY
COUNCIL AGENDA STATEMENT
Item
/3
ITEM TITLE:
Meeting Date 1/22/91
Resolution IftJo2.1I Approving first amendment to the City
agreement wi th Wi 11 i am R, Dotson for management servi ces in
the review and processing of freeway interchange designs
Director of P~bliC work~~
City Managert; (4/5ths Vote: Yes___No-X-)
SUBMITTED BY:
REVIEWED BY:
The City of Chula Vista is currently utilizing the services of Mr. William R.
Dotson to aid staff in evaluating various freeway interchange design concepts
and coordinating with the State Department of Transportation (CalTrans), The
consulting services were necessary to enhance our ability in obtaining
CalTrans design approval of necessary freeway interchange improvements leading
to early scheduling of these needed freeway interchange improvement projects,
RECOMMENDATION: That Council adopt the resolution extending the City's
agreement with William R. Dotson to December 31, 1991, and authorize the Mayor
to execute said extension.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City desires that freeway interchange design studies proceed smoothly and
rapidly through the CalTrans Project Studies Report process. To expedite this
process, the assistance of a consultant with knowledge and expertise of
CalTrans procedures was needed. On August 8, 1989, the City Council retained
Mr. William R. Dotson to provide the desired services in the review and
processi ng of freeway interchange improvement des i gns, Mr, Dotson ass i sted
the City in the technical analysis and evaluation of freeway interchange
projects in addition to coordinating and expediting the related efforts of
City staff with various consultants, utilities, and Governmental agencies,
Mr. Dotson was also recommended because of his unique background as the past
District Director of CalTrans District 11 of San Diego.
The scope of the contracted work to Mr, Wi 11 i am R, Dotson cons i sts of staff
revi ew, process i ng, ana lys i sand recommend at ions with respect to the freeway
interchange design projects.
Mr. Dotson previously worked very closely with City staff and CalTrans on the
I-80S and Bonita Road interchange improvements, He was a key element in
providing the smooth processing of CalTrans permit to improve the striping on
Bonita Road east of 1-805 in order to provide a smoothly traffic flow through
that section of Bonita Road.
/3-1
Page 2, Item
Meeting Date
13
1/22/91
Mr. Dotson is also assisting City staff in obtaining improvement approvals
from CalTrans for the 1-5 and Palomar interchange improvements which is
scheduled for construction in June 1991 and the traffic si9nal at the 1-805
and Otay Valley Road interchange. Mr. Dotson will also assist City staff and
coordinate with CalTrans on the proposed SR-125 in accordance with the
original agreement.
Mr. Dotson is requesting an increase in his fee from $65 to $80 per hour. Our
existing contract with Mr. Dotson was entered into over 15 months ago,
Presently, the range in fees for a Civil Engineer Project Manager is $78-$95
per hour. Hi s current fee of $65 an hour is below the fee schedul e of many
consultants who provide comparable services. It is recommended that an
increase in the hourly rate of Mr. Dotson's services from $65 an hour to $80
an hour be approved for a total contract amount of $6360.00.
FISCAL IMPACT: Mr. Dotson will perform the required services 1 isted in the
agreement using the balance remaining in account no. 250-2501-TFI42 of
$6360.00.
ZO/mad: CY-043
WPC 5393E
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RESOLUTION NO. /~2Jp
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO THE
AGREEMENT WITH WILLIAM R. DOTSON FOR
MANAGEMENT SERVICES IN THE REVIEW AND
PROCESSING OF FREEWAY INTERCHANGE DESIGNS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista is currently utilizing
the services of Mr. William R. Dotson to aid staff in evaluating
various freeway interchange design concepts and coordinating with
the State Department of Transportation (CalTrans); and
WHEREAS, the consulting services were necessary to
enhance our ability in obtaining CalTrans design approval of
necessary freeway interchange improvements leading to early
scheduling of these needed freeway interchange improvement
projects; and
WHEREAS, Mr. Dotson is requesting an increase in his fee
from $65 to $80 per hour and an extension of the contract to
December 3l, 1991; and
WHEREAS, his current fee of $65 an hour is below the fee
schedule of many consultants who provide comparable services and
it is recommended that an increase in the hourly rate of Mr.
Dotson's services from $65 an hour to $80 an hour be approved for
a total contract amount of $6360.00.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the First Amendment
to the Agreement with william R. Dotson for management services
in the review and processing of freeway interchange designs, a
copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
First Amendment for and on behalf of the City of Chula Vista.
John P. Lippitt, Director of
Public Works
8425a
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Bruce M. doga
, Clty Attorney
Presented by
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January 9, 1991
Mr. John P. Lippitt
Director of Public Works
City of Chula Vista
276 Fourth Avenue
Chula Vista. CA 92010
Dear Mr. Lippitt:
This letter is a follow up to our recent conversation
about the Toll Road in the South Bay Area. Today's newspaper
article states that papers have been signed to formally approve
an agreement by the State and a private consortium for design
and construction of a Toll Road from State Route 905 to S.R. 54.
The city of Chula Vista and it's probable expansion will
be greatly affected. A number of decisions will be required
concerning the economic effects, environment and transport-
ation service.
As past District Director of Caltrans I am knowledgable
of planning, design. construction and maintaining major freeways.
In addition Caltrans District II under my direction pioneered
the development of electronic automatic toll collection 4 - 5
years ago for the State. The Coronado Bridge is one of the
busiest Toll Facilities. The method and operation has been
tested on Coronado Bridge demonstration projects the last
2 years. Caltrans on a Statewide basis will soon go to auto-
matic Toll Collection on 9 bridges in California.
I believe I can offer the City of Chula Vista valuable
Transportation Consultant Services covering the Toll Road.
My existing contract includes Route l25 and could be amended
to include the Toll Road.
LJ~fH2( ;,.., '- ~j v(p()t:;-~
William R. Dotson
Transportation Consultant
2826 Erie Street
San Diego. CA 92117
WM, R, DOTSON, P,E,
TRANSPORTATION CONSULTANT
2~2n Ene Street
San Diq~o, CA 92117
!,IQ/276-7R43
/3-S
FIRST AMENDMENT TO CONTRACT FOR
TRANSPORTATION CONSULTANT SERVICES FOR
THE REVIEW AND PROCESSING OF FREEWAY INTERCHANGE DESIGNS
IN THE CITY OF CHULA VISTA
THIS FIRST AMENDMENT TO CONTRACT is made and entered into this
day of 1990, by and between the City of Chula
Vista, a public corporation, hereinafter referred to as "City", and
William R Dotson, a Transportation Consultant referred to as
"Consultant", covers certain professional engineering services in
connection with the City of Chula Vista's review and processing of
freeway interchange designs.
RECITAL
WHEREAS, the City of Chula Vista entered into an Agreement
with consultant on August 8, 1989, by Resolution No.15242, for
transportation consultant services, and
WHEREAS, the Contract for transportation consultant services
expired on November 30, 1990, unless otherwise extended by the
parties in accordance with paragraph VII of said contract, and
WHEREAS, the Public Works Department recommends extending said
services due to the scale and complexity of the freeway interchange
design, and
WHEREAS, consultant is willing to continue to provide
transportation consultant services until December 31, 1991, for an
increased fee of $80 per hour for each hour worked, and
WHEREAS, the required transportation consultant services are
still needed.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED by and between
the parties hereto to extend the contract term to expire on
December 31, 1991, and amend the contract to read as follows:
1. Paragraph VII TERM is amended to read:
This agreement shall become effective upon execution as
authorized by the Mayor of the CITY, or his designee, and
shall terminate, if not terminated pursuant to the provisions
contained hereinbelow in Paragraphs XII or XIII, or otherwise
extended by all parties, on December 30, 1991.
2. Paragraph VIII COMPENSATION is amended to read:
The compensation to be paid by CITY to CONSULTANT shall be $65
per hour for services from August 8, 1989 through November 30,
1990 and $80 per hour for each hour worked after November 30,
1990. CONSULTANT shall submit monthly invoices to the Director
of Public Works of the City which shall be due and payable
within 30 days.
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Consultant's compensation will include all project related
costs for clerical serv1ces, office space, supplies,
duplicating, maps, and documents. Also included would be all
travel expenses, parking fees, and telephone calls within San
Diego County.
Travel, if requested, outside of San Diego County will be
compensated for actual travel costs (including car rental,
parking and airport transportation service and lOdging) plus a
per diem rate of $300. Food and other miscellaneous expenses
shall be considered to be included in per diem rate. For
travel outside the county of San Diego, the consultant is not
entitled to the hourly compensation for each hour worked and
that the per diem rate of $300 shall not be considered as full
compensation for the consultant's services.
In no event will consultant's total compensation for services,
including travel expenses, pursuant to this agreement exceed
$10,000.
3. All other terms and conditions of the original agreement remain
unchanged.
IN WITNESS WHEREOF, City
Amendment to Agreemnt for
of ,1990.
and Consultant have executed this First
traffic consulting services, this day
CITY OF CHULA VISTA
WILLIAM R. DOTSON
Mayor of the City of Chula Vista
Ii) 0 .
(L -< R tv,,-,d l
William
ATTEST
City Clerk
I hereby approve the form and
Amendment to Agreement this
legality
day of
of
the foregoing
, 1990.
First
CITY ATTORNEY
RDJ:rdj
(C: \BETT\AMEND2 )
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COUNCIL AGENDA STATEMENT
Item
Meeti ng Date 8/8/89
ITEM TITLE:
Resolution Approving agreement between the City of
Chul a Vi sta and Wi 11 i am R. Dotson for consulti ng servi ces in
the review and processing ~:,~way interchange designs
Director of Public Work~~ ,_
City Manager (4/5ths Vote: Yes~No____)
SUBMITTED BY:
REVIEWED BY:
The City of Chula Vista is presently in need of transportation assistance to
aid staff in evaluating freeway interchange design concepts and coordinating
design issues between the City of Chula Vista and CalTrans. At the present
time, Mr. Dotson is under contract to assist the City in evaluating desi9n
concepts for the improvement of the I-80S and East "H" Street interchange.
The engagement of Mr. Dotson to perform similar consultant services for other
interchanges in the City, because of hi s fami 1 i arity wi th CalTrans pol ices,
procedures and desi gn requi rements, wi 11 enhance our abi 1 i ty in obtai ni ng
desi gn approvals from CalTrans 1 eadi ng to early schedul ing of needed freeway
interchange improvement projects. The normal consultant sel ecti on procedure
has been waived due to the unique background of Mr. William R. Dotson as the
District 11 (San Diego) Director of CalTrans.
RECOMMENDATI ON:
That Council adopt a resolution approving an agreement with William R. Dotson
for providing freeway interchange design processing services.
DISCUSSION:
The City desires that freeway interchange design studies proceed smoothly and
rapidly through the CalTrans Project Studies Report process. To expedite this
process, the assistance of a consultant with knowledge and expertise of
CalTrans is needed. Staff is recommending that Mr. William R. Dotson be
retained as an independent consultant. Mr. Dotson will assist in the
technical analysis and evaluation of freeway interchange projects in addition
to coordinating and expediting the related efforts of City staff with various
consultants, utilities and Governmental agencies. Mr. Dotson is recommenrled
because of his unique background as the past District Director of CalTrans
District 11 in San Diego.
The scope of the contracted
critical review, processing,
freeway interchange design
foll owl ng:
work to Mr. William R. [lotson consists of staff
analysis and reconmendations with respect to the
projects, including but not llf11lted to, the
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Page 2, Item
Meeting Date ~/~/~9
1. .Coordination with FHWA, CalTrans and other Federal, State, County and
util ity agencies to expedite approval of project report or reports and
environmental documents.
2. Assist the City staff in preparing and obtaining required documents for
Ca lTrans.
3. Review the project report and make recommendations to minimize
construction costs and time.
4. Arrange andlor attend meetings to ensure all parties involved in this
project are coordinating efforts.
5. Prepare progress reports on project.
6. Advise and consult City staff on future permits and agreements with other
agencies.
The contract provi des that Mr. Dotson wi 11 provi de servi ces on an as needed
basis which may include assistance is processing SR-125 through CalTrans.
FISCAL IMPACT:
Mr. William R. Dotson has agreed to perform the services listed in the
agreement and summarized above for an amount not to exceed $10,000.00. In
Fiscal Year 1988-89, $10,000.00 was budgeted and approved by City Council.
The Account No. is 250-2501-TF142.
MS: 11 b
WPC 4499E
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CONTRACT FOR TRANSPORTATION CONSULTANT SERVICES
WHEREAS, the CITY OF CHULA VISTA is presently in need of
transportati on assi stance to assi st in tile techni cal analysi sand eval uati on
of freeway and/or freeway interchange proj ects wi thi n the CITY as specifi ed
below, except East "H" Street/I-805; and
WHEREAS, the scale and complexity of the freeway interchanges
design requires the CITY OF CHULA VISTA to retain an independent
transportation consultant for the purposes of critical review, analysis,
evaluation, preparation of reports, with respect to said projects and
coordinating and expediting the related efforts of City staff with various
consultants, utilities, and governmental agencies; and
WHEREAS, WILLIAM R. DOTSON, a Transportation Consultant with a
40-year career with CalTrans, desires to assist the CITY OF CHULA VISTA in the
execution of project as well as coordinate certain activities of CITY staff,
certain retained support consultants, and other agencies in the execution of
project.
NOll, THEREFORE, BE IT RESOLVED that the CITY OF CHULA VISTA and
WILLIAM R. DOTSON, an independent contractor and professional transportation
consultant, do hereby mutually agree as follows:
I.
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II.
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PARTIES
The parties to this agreement are the CITY OF CHULA VISTA, a municipal
corporati on (herei nafter referred to as "CITY") and WILLIAM R. DOTSON,
a transportati on consul tant acti ng as an independent contractor
(herei na fter referred to as "CONSULTANT").
INTENT OF PARTIES
It is the intent of the CITY and CONSULTANT, that CONSULTANT work
solely for the CITY and perform the tasks outlined hereinbelow
associ ated with regard to the foll owi ng freeway and/or freeway
interchange projects:
1 . "H" Street/I-5
2. "J" Street/I-5
3. "L" Street/I-5
4. Palomar Street/I-5
5. Main Street/I-5
6. "E" Street and Bonita Road/l-805
7. "L" Street and Telegraph Canyon Road/I-805
8. Orange/I-805
g. Palomar/I-805
10. r~ain Street and Otay Valley Road/I-805
11. 1-5, 1-805 and SR-125
12. "E" Street/I-5
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CONSULTANT will assist the CITY in providing project, gUidance and
reviewing the project study reports to be in accordance with applicable (
provisions of Federal and State laws and the f1unicipal Code of the CITY
OF CHULA VISTA and the Chu1a Vista General Plan. CONSULTANT'S
Obligation, as provided further hereinbelow, is to expedite the review,
analysi s, negoti ati ons, coordinati on, and preparati on of vari ous
recommendations to the Director of Public Works and the CITY Council.
III. OBLIGATIONS OF CONSULTANT:
CITY, pursuant to thi s agreement, hereby contracts wi th WILLIAM R.
DOTSON (CONSULTANT) to act on its behalf directly and indirectly and in
conjunction with CITY staff in providing the following scope of work:
Critical review, processing, analysis, and recommendations with
respect to the specified freeway interchange design projects,
including, but not limited to, the following:
1. Coordination with FHWA, CalTrans, and other Federal, State,
County, and util ity agencies to expedite approval of PrOject
Report (or reports) and Environmental Document.
2. Assist the City staff in preparing and obtaining required
documents for Ca1Trans.
3. Review PrOject Report and make recommendations to minimize
construction cost and time.
4. Arrange and/or attend meetings to insure all parties involved
_i n proj ect are coordi nati ng efforts.
5. Prepare progress reports on project.
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6. Advi se and counsel City staff on all further permits and
agreements which the Ci ty must consi der in order to comp1 ete
the project.
IV. COORDINATION OF PROJECT REVIEW:
Pursuant to this agreement, CITY shall authorize CONSULTANT to
coordinate and expedite, subject to the concurrence of the City Manager
of CITY, all such CITY departments or other governmental agencies as
may be necessary to undertake the activities, tasks, reviews, and
analyses set forth hereinabove associated with such development project
reviews, for the purpose of streamlining the CITY'S consideration of
said project and avoiding unnecessary delays in review, duplication of
work as between various CITY departments, and other inefficient
expenditures of staff time.
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V.
ADMINISTRATION OF CONSULTING CONTRACT:
The CITY hereby appoints its Public Works Director, or his designee, as
the CITY'S representative in the review and administration of the work
performed by CONSULTANT pursuant to the terms of CONSULTANT'S scope of
work. C01lSULTANT and PUblic Works Director, or his designee, shall
meet as necessary for the purpose of evaluating, measuring and planning
the progress of the project.
VI.
TIME SCHEDULE FOR COMPLETION OF TASKS
It is the intent of this agreement that the Transportation Consultant
shall perform assigned tasks on a part-time, but as-needed basis. The
parties agree that a reasonable estimate of the number of hours
required to satisfactorily perform all of said tasks is approximately
150 hours.
The CONSULTANT and the Director of Public Works shall establish a
mutually acceptabl e schedul e for the performance of work. Deadl i nes
establ ished for specific tasks assi gned shall refl ect such schedul e.
The schedule may be revised for the accomplishment of pressing or
emergency matters.
The CONSULTANT services under thi s agreement shall be conti nui ng until
completion of the project or the termination of this agreement,
whichever first occurs.
VII. TERM:
This agreement shall become effective upon execution as authorized by
the Mayor of the CITY, or his designee, and shall terminate, if not
terminated pursuant to the provisions contained hereinbelow in
Paragraphs XII or XIII, or otherwise extended by all parties, on
November 30, 1990.
VIII. COMPENSATION:
L
The compensation to be paid by CITY to CONSULTANT shall be $65 per hour
for each hour worked. CONSULTANT shall submit monthly invoices to the
Director of Public Works of the CITY which shall be due and payable
within 30 days.
CONSULTANT's compensation will include all project related costs for
clerical services, office space, supplies, duplicating, maps, and
documents. Also included would be all travel expenses, parking fees,
and telephone calls within San Diego County.
Travel, if requested, outside of San Diego County will be compensated
for actual travel costs (including car rental, parking and airport
transportation service and lodging) plus a per diem rate of $300. Food
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and other miscellaneous expenses shall be considered to be included in
per diem rate. For travel outside the County of San Diego, the r
consul tant is not entit1 ed to the hourly compensati on for each hour "-
worked and that the per diem rate of $300 shall be considered as full
compensation for the consultant's services.
In no event will Consultant's total compensation for services,
including travel expenses, pursuant to this agreement exceed $10,000.
IX. INTEREST OF CONSULTANT:
CONSUL TANT presently has and shall acqui re no interest whatsoever in
the subject matter of this agreement, direct or indirect, which would
constitute a conflict of interest or give the appearance of such
conflict. No person having any such conflict of interest shall be
employed or retained by CONSULTANT under this agreement. CONSULTANT
speci fi cally certifi es, in addition, that no promi se of future
employment or other consideration of any kind has been made to
CONSULTANT or any employee, agent, or representative of CONSULTANT, by
the APPLICANT, regarding the subject matter of this agreement, or any
future project in which CONSULTANT has an interest.
CONSULTANT may not conduct business for third parties which may be in
confl i ct with CONSULTANT'S responsi bil i ti es under thi s contract. The
Transportation Consultant may represent, perfonn services for, and be
employed by such additional clients, persons, or companies to the
extent that such employment does not represent a conf1 i ct of interest (
nor interfere with the sati sfactory perfonnance of the work descri bed )
herei n.
X. HOLD HARMLESS
COUSULTANT agrees to indemnify and hold harmless the CITY from and
against all liability, cost and expense (including without limitation
attorneys' fees) arising from loss of or damage to any property
whatsoever or injury to or death of any person whomsoever caused or
occasioned by the negligent act or omission of CONSULTANT or any agent
or employee of CONSULTANT, arising out of or in connection with this
agreement or the work to be performed by CONSULTANT hereunder.
CITY agrees to indemnify and hold hann1ess the CONSULTANT from and
against all liability, cost and expense (including without limitation
attorneys' fees) arising from loss of or damage to any property
whatsoever or injury to or death of any person whomsoever caUsed or
occasi oned by the neg1 i gent act or omi ssi on of CITY or any agent or
enp10yee of CITY, ari si ng out of or in connecti on with thi s agreement
or the work to be performed by CITY hereunder.
XI. ATTORNEY FEES
In the event of any dispute between the parties, the prevail ing party
shall recover its attorney fees and any costs and expenses incurred by
reason of such dispute. ~
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XIV.
XV.
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XII 1.
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XII.
TERMINATION OF AGREEMENT FOR CAUSE:
If, through any cause, CONSULTANT shall fail to fulfill in a timely and
proper manner his obligations. un~r this agreement, or if CONSULTANT
shall violate any of the covenants, agreements, or stipulations of this
agreement, CITY shall have the ri ght to termi nate thi s agreement by
gi vi ng written noti ce to CONSULTANT of such termi nation and specifyi n9
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, studi es, surveys, drawi ngs, maps, reports, and other
materials prepared by CONSULTANT shall, at the option of CITY, become
the property of CITY, and CONSULTANT shall be entitled to receive just
and equitab1 e compensati on for any work sati sfactori 1y comp1 eted on
such documents and other material s up to the effective date of noti ce
of termination, not to exceed the amounts payable under Paragraph VIII
hereinabove.
TERMINATION FOR CONVENIENCE OF CITY:
CITY may terminate this agreement at any time and for any reason by
giving written notice to COIISULTANT 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 in Section IV
hereinabove shall, at the option of 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 material s 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 in Paragraph VIII hereinabove in the event of such termination.
ASSIGNABILITY :
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; provided, however,
that claims for money due or to become due to CONSULTANT from CITY and
APPLICANT under this agreement may be assigned to a bank, trust
company, or other fi nanci a 1 i nsti tuti on wi thout such approval. Noti ce
of such assi gnment or transfer shall be furni shed promptly to CITY.
Any assignment requiring approval may not be further assigned without
CITY approval.
OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL:
All reports, studies, information, data, statistics, forms, designs,
plans, procedures, systems, and any other materials or properties
produced under thi s agreement shall be the sol e and exc1 usive 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 right by CONSULTANT in the United States or in any other country
without the express written consent of CITY. CITY shall have
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unrestricted authority to publish, disclose (as may be limited by the
provisions of the Public Records Act), distribute, and otherwise use, r
copyright or patent, in whole or in part, any such reports, studies, \.
data, statistics, forms or other materials or properties produced under
th is agreement.
XVI. INDEPENDENT CONTRACTOR:
CITY is interested only in the results obtained, and CONTRACTOR shall
perform as an independent contractor with sol e control of the manner
and means of performi ng the servi ces requi red under thi s agreement.
CITY maintains the right only to reject or accept COIlSULTANT'S final
work product as each phase of this agreement is completed. CONSULTANT
and any of 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
compensati on benefits, medi cal benefits, i nj ury 1 eave, or other 1 eave
benefits.
XV I 1. CHANGES:
CITY may from time to time require changes in the scope of the services
by CONSULTANT to be performed under thi s agreement. Such changes,
including any increase or decrease in the amount of CONSULTANT'S
COMPENSATION, which are mutually agreed upon by CITY and CONSULTANT ( \
shall be effective as amendments to this agreement only \~hen in \~riting.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Contract for
Transportati on SerVi ces (agreement) thi s 8th day of August 1989.
AP~~V7AS TO F: BY:
'W~&1 /,M~
IJ ty Atto~y
RECOMMENDED FOR APPROVAL:
CITY OF CHUlA VISTA:
BY, Ji'7> R Co/
GREGORY t' X, r~ayor
c IIorks
CONSULTANT: ) /'11
By: /L) rJ}L,,; t ~_ 6( /U/f-1-!lc_e~
\.Jilliam R. Dotson
IIPC 4490E
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RESOLUTION NO. 15242
.~.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND WILLIAM R. DOTSON FOR CONSULTING SERVICES IN
_~H~ REV~EW AND PROCESSING OF FREEWAY INTERCHANGE DESIGNS
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
The City Council of the City of Chula Vista does hereby
resolve as follows:
NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of
the City of Chula Vista that that certain agreement between THE
CITY OF CHULA VISTA, a municipal corporation, and WILLIAM R. DOTSON
for consulting services in the review and processing of freeway
interchange designs
elated the 8th day of August , 198 9, a copy of which is
~ttached hereto and incorporated herein, the same as though fully
set forth herein be, and the same is hereby approved.
!:.. BE IT FURTHER RESOLVED that the normal consultant selection
procedure has been waived due to the unique background of Mr. William
R. Dotson as the District II (San Diego) Director of CalTrans and his
familiarity with-.CalTrans policies, procedures and design requirements
which will enhance the City's ability in obtaining design approvals
from CalTrans leading to early scheduling of needed freeway inter-
change improvement projects.
I BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista be, and he 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
, Director of
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Thomas J. H~ron, City Attorney
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CHULA VISTA, CALIFORNIA, this
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
8th
day of August
(
19 89 ,by the fol/owing vote, to_it:
~.
AYES: Counc i 1 members Malcolm, Moore, McCandliss, Nader, COX
NAYES: Councilmembers None
ABSTAIN: Counci lmembers None
ABSENT: Counc i 1 members None
~. ~ /:.""' V."
ATTES~;ofl t! ()e~f?j7
~ity Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO. ) ss.
CITY OF CHULA VISTA r
(
I, JENNIE M, FULASZ, CMe, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
~
RESOLUTION NO. 15242
,and that the same has not been amended or repealed
DATED
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CC-660
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COUNCIL AGENDA STATEMENT
Item~
ITEM TITLE:
Meeting Date 1/22/91
Resolution ''-0'27 Approving Agreement for Growth
Management l~~rvices and appropriation of funds therefor
City Attorney~ ~p1
Di rector of Pl ann i ng 71/1..
SUBMITTED BY:
REVIEWED BY: City Manage~~ (4/5ths Vote: Yes-!-No___>
l
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On August 4, 1990, Council reviewed the draft Growth Management Program and
authorized staff to complete the public review and preparation of the
necessary ordinance of a public hearing. During our work on the final drafts,
it became apparent that due to the vari ety and compl exi ty of 1 ega 1 issues,
staff needed outside legal expertise to assist in the preparation of the draft
ordinance.
RECOMMENDATION: Adopt a resolution approving an
Fletcher and Mack for outside legal assistance on
Program and Implementation Ordinance and authorizing
attached agreement and appropriate funds therefor.
agreement with Higgs,
the Growth Management
the Mayor to sign the
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Due to the complex legal issues which have arisen concerning Growth Management
Ordinances in recent years and due to the work load of the City Attorney's
office, staff determined that it would be necessary to retain the services of
outside legal counsel to assist us in drafting the Growth Management
Implementation Ordinance and related work associated with the upcoming public
hearings by the Planning Commission (February 13) and City Council.
We contacted a number of legal firms as to their intent and qualifications in
meeting the City's needs. Following this review, we selected the firm of
Higgs, Fletcher and Mack to perform the legal services required. This firm
has experience in the field of growth management and has worked for a number
of cities and public agencies. Staff authorized this firm to assist in
preparing the draft ordinance on a time-and-materials basis, under
admi ni strat i ve authority to approve such agreements, for whi ch costs do not
exceed $10,000.
The intent of the attached agreement is have outside counsel review the
proposed program, draft implementing ordinances and advise staff and the City
Attorney concerni ng 1 ega 1 issues and sol ut ions in achi evi ng the City's growth
management objectives. This agreement includes work which has already been
completed under the preVious agreement.
FISCAL IMPACT: The agreement provides for a not-to-exceed amount of $25,000
for legal services. This amount includes the previously authorized $10,000
for initial work on this project. This funding will be provided by the
Transportation Development Impact Fee progr m and will not impact the General
Fund.
WPC 8825P
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RESOLUTION NO. I" 'l. 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHOLA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND HIGGS, FLETCHER AND
MACK, ATTORNEYS AT LAW, FOR PROFESSIONAL LEGAL
SERVICES FOR THE GRGWrH MANAGEMENT PROGRAM AND
ORDINANCE, APPROPRIATING FUNDS, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF
THE CITY OF CHOLA VISTA
The City Council of the City of Chula Vista does hereby resolve as
follows:
WHEREAS, the City of Chula Vista is presently in need of legal
expertise in conjunction with the Growth Management Program and Implementation
Ordinance; and
WHEREAS, Higgs, Fletcher and Mack, a professional legal firm has the
necessary expertise required to assist the City; and
WHEREAS, the City desires to retain Higgs, Fletcher and Mack for the
performance of the services set forth in the accompanying agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve this Agreement between the City of Chula Vista
and Higgs, Fletcher and Mack, Attorneys at Law, for professional legal
services for the Growth Management Program and Implementation Ordinance.
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.
BE IT
appropriated from
62l-62l0-0P106.
FURTHER RESOLVED that the sum of $25,000 is hereby
the unappropriated balance of Fund 62l to Account No.
1:W
Bruce M. Boogard
City Attorney
~
Presented by
Robert A. Leiter
Director of Planning
WPC 8826P
1<1 - > / I ~ ' ~
CONTRACT FOR LEGAL SERVICES
WHEREAS, the City of Chula Vista is in need of professional legal
counsel in conjunct i on with the Growth Management Program and Impl ementat ion
Ordinance; and
WHEREAS, staff has selected the firm of Higgs, Fletcher and Mack due
to their prior experience and expertise in the growth management field; and
WHEREAS, the City desires to retain the services of Higgs, Fletcher
and Mack, Attorneys at Law, for performance of the services set forth in this
agreement.
NOW, THEREFORE, BE IT RESOLVED that the City of Chul a Vita and
Higgs, Fletcher and Mack, Attorneys at Law, do hereby mutually agree as
foll ows:
I. PARTI ES
The parties to this agreement are the City of Chula Vista, a
municipal corporation, hereinafter referred to as "CITY", and Higgs, Fletcher
and Mack, Attorneys at Law, who is hereinafter referred to as "CONSULTANT."
II. INTENT OF THE PARTIES
A. The CONSULTANT shall, under the general direction of the City
Attorney of the CITY, undertake any necessary research and surveys to prepare
draft ordinances in a form ready for presentation to the City Planning
Commission and City Council and attend public meetings and make presentations,
as required.
B. The CONSULTANT shall regularly consult with the City Attorney
and Director of Planning in order to facilitate the preparation of ordinances,
reports and other memoranda required by the CITY.
IV. COORDINATION OF PROJECT WORK
Pursuant to this agreement, the CITY shall authorize the CONSULTANT
to coordinate and expedite all work called for under this agreement.
V. ADMINISTRATION OF CONTRACT
The CITY hereby designates the City Attorney
representative to review and accept the work performance
pursuant to the term of the Scope of Work.
VI. PROJECT SCHEDULE AND COMPLETION DATES
as the CITY's
by CONSUL TANT
All of the work assigned to the CONSULTANT under the term of thi s
agreement shall be completed not later than June 30, 1991, unless the
completion date is extended by a new or amended agreement between both parties.
I 'I-~
VII. ACCESS TO FACILITIES
The CITY shall permit access to its facilities, files and records by
the CONSULTANT throughout the term of this agreement.
VII I. TERM
Thi s agreement shall become effect i ve upon execut i on as authori zed
by the City Council and shall terminate, if not extended by all parties, on
June 30, 1991.
IX. COMPENSATION
(1) The compensation to be paid by CITY to CONSULTANT for the work
called for under this agreement shall not exceed $25,000. The CONSULTANT
shall submit monthly invoices to the City Attorney. Payment shall be made to
the CONSULTANT within 30 days. The CITY agrees to pay the total sum billed by
the CONSULTANT each month for the duration of this agreement.
(2) The hourly rate for services performed shall be the general
client rates established by CONSULTANT from time to time for its services,
however, such hourly rate shall not exceed $205.00 per hour, Any change in
the maximum rate shall be subject to approval in writing by CITY and
CONSULTANT.
(3) In addition to the compensation provided above, the CITY will
reimburse CONSULTANT for the following expenses:
(a)
Such pri nt i ng and copyi ng expenses, long distance
calls, telegram and similar costs relating to
services and generally chargeable to a client.
phone
legal
(b) Extraordinary expenses, such as express mail, courier
services, etc.
X. INTEREST OF CONSULTANT
The CONSULTANT presently has no business relationship with any
persons or fi rms doi ng bus i ness withi n the Chul a Vi sta Pl anni ng Area wh i ch
would constitute a conflict of interest, or give the appearance of such
confl i ct.
The CONSULTANT may not conduct business for third parties which may
be in confl i ct with CONSULTANT's respons i bil it i es under th i s contract. The
CONSULTANT may not solicit any business during the term of this contract which
may conflict which his or her responsibilities under the contract.
XI. HOLD HARMLESS
The CONSULTANT agrees to indemnify and hold harmless the CITY from
and against all liability, cost and expense (including without limitation
attorneys' fees) arising from loss of or damage to any property whatsoever or
injury to or death of any person whomsoever caused or occasioned by the
negl i gent act or omi ss i on of the CONSULTANT or any agent or employee of the
-2-
It/~
CONSULTANT, arlslng out of or in connection with this agreement or the work to
be performed by the CONSULTANT hereunder.
XII. TERMINATION OF AGREEMENT FOR CAUSE
If, through any cause, the CONSULTANT shall fail to fulfill in a
timely and proper manner his obl igations under this agreement, or if the
CONSULTANT shall violate any of the covenants, agreements, or stipulations of
thi s agreement, the CITY shall have the right to termi nate thi s agreement by
giving written notice to the CONSULTANT of such termination and specifying the
effect i ve date thereof at 1 east fi ve (5) days before the effect i ve date of
such termination. In that event, all finished or unfinished documents, data,
studies, reports, and other materials prepared by the CONSULTANT shall, at the
option of the CITY, become the property of the CITY, and the CONSULTANT shall
be entitled to receive just and equitable compensation for any work
sat i sfactorily compl eted on such documents and other materi a 1 s up to the
effective date of notice of termination, not to exceed the amounts payable
under Paragraph IX hereinabove.
XIII. TERMINATION FOR CONVENIENCE OF CITY
The CITY may terminate this agreement at any time and for any reason
by giving specific written notice to the 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
unfi ni shed documents and other materi a 1 s descri bed in Paragraph XII
hereinabove shall, at the option of the CITY, become the CITY's sole and
exclusive property. If the agreement is terminated by the CITY as provided in
this paragraph, the CONSULTANT shall be entitled to receive just and equitable
compensat i on for any sat i sfactory work completed on such documents and other
materi a 1 s to the effect i ve date of such termi nat i on. The CONSULTANT hereby
expressly waives any and all claims for damages or compensation arising under
thi s agreement except as set forth in Paragraph XII herei nabove in the event
of such termination.
XIV. ASSIGNABILITY
The 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 the CITY.
XV. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL
All reports, studies, information, data, statistics, forms, designs,
plans, procedures, systems, and any other materi a 1 s or propert i es produced
under this agreement shall be the sole and exclusive property of the CITY. No
such materials or properties produced in whole or in part under this agreement
shall be subject to private use, copy rights, or patent rights by the
CONSULTANT in the United States or in any other country without the express
written consent of the CITY. The CITY shall have unrestricted authority to
publish, disclose (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, studi es, data, stat i st i cs, forms or other materi a 1 s or
properties produced under this agreement.
-3-
1~.7
XVI. INDEPENDENT CONTRACTOR
The CITY is interested only in the results obtained and the
CONSULTANT shall perform as an independent contractor with sole control of the
manner and means of performing the services required under this agreement.
The CITY mai nta ins the ri ght on 1y to reject or accept the CONSULTANT's work
product(s}. The CONSULTANT and any of the CONSULTANT's agents, employees, or
representat i ves are, for a 11 purposes under th is agreement, an independent
contractor, and shall not be deemed to be an employee of the CITY, and none of
them shall be entitled to any benefits to which CITY employees are entitled,
i ncl udi ng but not 1 imi ted to, overt ime, ret i rement benefits, worker's
compensation benefits, injury leave, or other leave benefits.
XV 11. CHANGES
The CITY may from time to time require changes in the scope of the
services by the CONSULTANT to be performed under this agreement. Such
changes, i ncl udi ng any increase in the amount of the CONSULTANT's
compensation, which are mutually agreed upon by the CITY and the CONSULTANT,
shall be effective as amendments to this agreement only when in writing.
IN WITNESS WHEREOF, the CITY and CONSULTANT have executed this
agreement th is day of , 1991.
CITY OF CHULA VISTA
HIGGS, FLETCHER AND MACK
ATTORNEYS AT LAW
BY:
Leonard M. Moore
Act i ng Mayor
BY:
David W. Ferguson, Partner
ATTEST:
APPROVED AS TO FORM:
Beverly Authelet, City Clerk
Bruce M. Boogaard, City Attorney
WPC 8827P
-4-
/(~'l
COUNCIL AGENDA STATEMENT
Item
I~
Meeting Date 1/22/91
ITEM TITLE: a) Report: Early Acceptance of Discovery Park
b) Resolution '.02.9 Appropriating General Funds to the FY
1990-91 Parks and Recreation Department's budget for
maintenance of Discovery Park
Director of Parks and
City Managerl
,j
In the FY 1990-91 budget, Council appropriated funds to assume the maintenance
responsibilities of Discovery Park beginning April 1, 1991. Discovery Park is
a 14.5 acre turn-key park developed by McMillin Communities to meet the Park
Dedication Ordinance requirement in Rancho Del Rey 1. Originally, the park
was scheduled to be accepted in September 1990, however, with various
construction delays, the one-year maintenance period did not begin until June
1990. McMillin has requested that the City assume maintenance
respons i bil it i es on February 1, 1991 and proposes to reimburse the Ci ty for
all expenses associated with an early acceptance of Discovery Park.
REVIEWED BY:
/
Recreatioin\f~_
'[I
(4/5ths Vote: Yes-X-No___)
SUBMITTED BY:
RECOMMENDATION: That Council:
1. Accept the report, thereby approvi ng the early acceptance of Di scovery
Park and the reimbursement of all expenses by McMillin Communities.
2. Appropriating $17,800 from the General Fund to the FY 1990-91 Parks and
Recreation Department budget to absorb the cost of park maintenance for a
period of two months.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Discovery Park is a 14-1/2 acre turn-key park located in the RDR SPA I
development at the corner of Buena Vi sta Dri ve and Rancho Del Rey Parkway.
The community park has the following amenities: plaza area with statue of
Christopher Columbus, (1) 1 ighted soccer field overlay, restroom and
maintenance building, (2) parking lots, picnic grounds, tot lots, and (3)
lighted softball fields.
Construction of the park began in August 1989 with a scheduled completion date
of January 1990. The park was not accepted for the maintenance period until
June 1990. Upon acceptance, the contractor was obligated to provide
maintenance up to one year. During this maintenance period, the City had the
opt i on to assume mai ntenance of the park whenever the Department Landscape
Architect determined the park to be in acceptable condition for public use.
IS-/
Page 2, Item
Meeting Date
,>,
1/22/91
In FY 1990-91, the Park Maintenance Division operating budget included funds
to assume maintenance the last quarter. McMill in Communities has made a
proposal to reimburse the City for the additional cost to assume the
maintenance responsibilities earlier than April I, 1991.
Representatives from the Department and McMill in met in September 1990 to
discuss the earlier takeover date. Staff opposed a takeover date until after
the growi ng season for the cool-season grass in early Spri ng. McMi 11 in's
1 andscape staff i ni t i ated a concentrated effort to improve the qual i ty and
condition of the turf and landscape. The Park Division staff and the
Department's Landscape Architect agree the park is now in excellent condition
and ready for final acceptance.
McMi 11 in's des i re to have Di scovery Park accepted by the City by February 1,
1991, and their offer to reimburse the City for staff and supplies would
require the following budget amendment:
I. Employees Services
Salaries and Wages
Retirement Contribution
Employee Benefit Plan
Medicare Contribution
Worker's Compensation
TOTAL
$ 8,900
1,068
1,208
120
1.116
$12,412
II. Supplies and Services
Util ities
Trash Di sposa 1
Equipment Maintenance
Equipment Replacement
Laundry and Cleaning
TOTAL
GRAND TOTAL
$ 3,880
552
392
460
104
$ 5.388
$17,800
The $17,800 grand total contain funds to hire two additional staff
immediately. Capital Equipment (i.e., tractor mowers, truck, etc.) to
maintain Discovery Park were ordered with other major capital equipment for
the Department.
Reimbursement of the $17,800 will be remitted in two payments on February 1
and March I, 1991.
FISCAL IMPACT: It will cost $17,800 to assume
responsibil ities of Discovery Park on February 1, 1991.
associ ated with an earl i er park maintenance takeover wi 11
McMillin in two payments on February 1 and March 1, 1991.
the maintenance
All the expenses
be reimbursed by
WPC 1600R
IS-l-
RESOLUTION NO. 1~2~
RESOLUTION OF THE CITY COUNCIL OF
CHULA VISTA APPROPRIATING FUNDS
1990-9l PARK MAINTENANCE DIVISION
MAINTENANCE OF DISCOVERY PARK
THE CITY OF
TO THE FY
BUDGET FOR
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, in the FY 1990-9l budget, Council appropriated
funds to assume the maintenance responsibilities of Discovery
Park beginning April 1, 1991; and
WHEREAS, Discovery Park is a 14.5 acre turn-key park
developed by McMillin Communities to meet the Park Dedication
Ordinance requirement in Rancho Del Rey I; and
WHEREAS, originally, the park was scheduled to be
accepted in September 1990, however, with various construction
delays, the one-year maintenance period did not begin until June
1990; and
WHEREAS, McMillin has requested that the City assume
maintenance responsibilities on February 1, 1991 and proposes to
reimburse the City for all expenses associated with an early
acceptance of Discovery Park.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does accept the report, thereby approving
the early acceptance of Discovery Park and the reimbursement of
all expenses by McMillin Communities.
BE IT FURTHER RESOLVED that the sum of $17,800 is hereby
appropriating from the General Fund to the FY 1990-91 l520
Division Parks and Recreation Department budget to absorb the
cost of park maintenance for a period of two months.
Presented by
]'
o m by
Jess Valenzuela, Director of
Parks and Recreation
8430a
/s-3
COUNCIL AGENDA STATEMENT
Item ./6
ITEM TITLE:
Meeting Date 1/22/91
Resolution /bOZ 9 Approving the Design of the
for EastLake Community Center
Director of Parks and Recrea~ L
,
City Managerl/ (4/5ths Vote: Yes_ No---2L-)
SUBMITTED BY:
REVIEWED BY:
As part of the requirements for EastLake Greens, EastLake Development will be
constructing a community park, Within this community park will be a multi-purpose
community center, which will also be constructed by the developer, Staff has been
working with the developer on the design for this multi-purpose facility,
RECOMMENDATION: That the City Council adopt the resolution approving the
design of the EastLake Community Center.
BOARDS/COMMISSIONS RECOMMENDATIONS: The Parks and Recreation
Commission approved the design of the EastLake Community Center at its meeting
on November 29, 1990, The Design Review Board approved the design at its
meeting on October 8, 1990,
DISCUSSION:
The proposed EastLake Community Center will be a multi-purpose facility located
at the eastern side of the Community Park, adjacent to the EastLake High School,
with access coming from EastLake Parkway (See Attachment "A"), This project is
being designed and constructed to fulfill the dedication requirements described in
the EastLake Greens development agreement between EastLake Development
and the City of Chula Vista, The prime design consultant and landscape architect
for the community park and the community center is the firm of Wimmer Yamada
and Associates (WY A) and the architectural consultant for the community center
and maintenance/support building is the firm of Delawie Bretton Wilkes (DBW),
The consultant will be present at the council meeting and will be available to make
a presentation on the proposed plans, if desired by council.
The design of the community center was developed by DBW, based on input from
the Parks and Recreation Department staff, after field trips to examine various
gymnasiums within San Diego County, and after review of the design of the
adjacent high school. The community center has many of the basic forms and
materials of the high school to provide a compatible image, yet maintains its own
identity through the use of different colors and the use of materials in a different
1,-1
Page 2, Item L
Meeting Date1/22/91
manner. The intent is to provide an identifiable image for the community center
and gymnasium, so that it does not appear to be an annex to the high school.
The design of the community center is integral with the layout of the community
park, with the building having a formal, symmetric design. The main axis of the
community center runs north-south and runs through the main hallway of the
building, to a promentory area at the top of the steps, and out through the park to
the support building and ballfields, terminating at a stand of Oak Trees, (See
Attachment "A", "B" and "H"). This main hallway has a peaked roof, covered by a
series of translucent skylights that will allow light to penetrate the space, providing
an "open" feeling. This feature also identifies the entry to the center. The secondary
axis runs east-west, from the office of the community center to the group use patio
and tot-lots. All entry points have a full-height set of gates that can be locked to
prevent access and vandalism.
The gymnasium portion of the building will be at a lower grade than the rest of the
community center, so that the roof height of the gymnasium will be lower to bring it
in line with the activity rooms on the parking lot side of the building (See
Attachments "C", "0" and "E"). The benefit of this design feature is that it decreases
the massive look typically associated with gymnasiums. The gymnasium also has
side windows installed at a high elevation and skylights to provide ample natural
light, reducing the need for artificial lighting. The activity rooms are set at the upper
elevation and have a series of tall windows that provide a view out over the entire
park site and provide natural light into the rooms.
The support building and the large picnic shelters also borrow from the community
center in respect to form, materials and colors. These structures are sited in a
symmetric fashion in the park, with the support building being in line with the main
hallway and the picnic shelters being located on both sides of the support building
(See Attachment "G").
The project itself will be constructed in two phases: phase one includes the
community center, the area directly beneath the staff office and mens and womens
restrooms. Phase two includes the mens and womens locker rooms and the
gymnasium (See Attachments "B" and "C"). The entire building will be designed
and taken through the construction document phase, so that when phase two
begins, the construction of the gymnasium can begin immediately. Phase one is
scheduled to begin at the completion of the site preparation. During phase one,
construction plans include temporarily utilizing the area for the gymnasium as a
sand volleyball court with a sloping lawn area around the perimeter. The west
facing wall of the community center will also serve as an exterior wall that will
remain in place until the gymnasium is constructed in phase two (See Attachment
"P').
/(,,,2.,
Page 3, Item-"---
Meeting Date1/22/91
The program of the building rooms and features is as follows:
COMMUNITY CENTER:
. 9,700 square foot facility.
. Meeting room with operable wall, to allow for one large room or two smaller
rooms.
. Dance room with hardwood floors, mirrors and balance bars.
. Crafts room with counter tops, cabinets and durable flooring.
. Kitchen with cabinets, counters, appliances and direct access to the outdoor
group use patio.
. Staff office and storage room
. Lobby area into gymnasium area with a large window to provide a view into
the gym.
. Mens and womens restrooms.
. Elevator and stairs to access the lower level.
. Mechanical and electrical rooms.
GYMNASIUM:
. 11,600 square foot multi-activity gymnasium with facilities for basketball,
volleyball, badminton, etc. The gym also will have built-in bleachers along
the east and west walls.
. Mens and womens locker rooms with showers.
. Large storage room for the equipment related to the various types of
activities.
/~-3
Page 4, ItemJL
Meeting Date1/22/91
As previously mentioned, the developer is responsible for constructng the
community park, per the EastLake Park Agreement dated August 8, 1989. That
agreement included a list of all proposed facilities within the park, including a 5,500
square foot community center and a 3,500 square foot gymnasium. However, the
department desired to have a larger gymnasium and community center, which was
authorized by council, and has now been designed. Per the EastLake Greens
Development Agreement, the City has the option of accepting the community park
with the smaller community center and gymnasium or accepting construction of the
park with the desired community center and a temporary volleyball court in the
location of the larger gymnasium. This is to be completed, provided that the cost of
the park does not exceed the dollar limit of the $2,605,043 identified in the
EastLake Park Agreement. The Developer is entitled to park credits for the actual
cost of improvements, with said credit being applied against future park acquisition
and development obligations for EastLake Trails.
The EastLake Greens Development Agreement also calls for the Developer to
construct the first and second phases of the community park as a single phase of
development by August, 1991. The first phase includes all improvements, with the
exception of the community center and gymnasium, outdoor patio, tot lot, trellis
area, bleachers, exercise course, volleyball court, ballfield lighting of western
ballfield.
Given the conditions in these agreements and the desire to have a larger
community center and gymnasium the City proposes to have the Developer
construct all of the park improvements, the community center and a sand volleyball
court in place of the gymnasium in phase one and construct the gymnasium in a
second phase. As stated earlier, the Developer will receive future PAD credit for
costs in excess of $2,605,043.
FISCAL IMPACT: The developer agreement with EastLake Development has
identified a total of $2,605,043 in Park Acquisition and Development fees for the
community park and the community center.
/,-'1
RESOLUTION NO. /ftJo~9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DESIGN OF THE
EASTLAKE COMMUNITY CENTER
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS,
Greens, EastLake
park; and
as part of the requirements for
Development will be constructing a
EastLake
community
WHEREAS, within this community park will be a
multi-purpose community center, which will also be constructed by
the developer; and
WHEREAS, staff has been working with the developer on
the design for this mUlti-purpose facility; and
WHEREAS, the design of the community center was
developed by Delawie Bretton Wilkes, based on input from the
Parks and Recreation Department staff, after field trips to
examine var ious gymnas iums wi thin San Diego County, and after
review of the design of the adjacent high school; and
WHEREAS, the Parks and Recreation Commission approved
the design of the EastLake Community Center at its November 29,
1990 meeting and the Design Review Board approved the design at
its meeting on October 8, 1990.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the design of the
EastLake Community Center attached hereto.
Jess Valenzuela, Director of
Parks and Recreation
842la
form by
Presented by
, City Attorney
/~-5"
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COUNCIL AGENDA STATEMENT
Item
1'7
Meeting Date 1/22/91
ITEM TITLE: Resolution J'~Jrc> Approving a revised Master Plan for
Eastlake Community Park
SUBMITTED BY: Director of Parks and Recreatio~i'~
REVIEWED BY: City Manageri7} (4/5ths Vote: Yes___No-!-)
At the August 8, 1989 meeting, Council adopted Resolution No. 15225 approving
the concept master plan for the Eastlake Community Park. The Eastlake
Development Company was required to dedicate a Community Park to the City in
conjunction with the supplement SPA plan for the Eastlake Greens area. The
original master plan included the development of a 14.9 acre park site. After
the engineering of Eastl ake Parkway and the adjacent Eastl ake High School
site, the overall size of the park decreased to 12.9 acres. The reduced park
size required some minor revisions to the original master plan.
RECOMMENDATION: That the City Council adopt the resolution approving the
refinements to the Eastlake Community Park Master Plan.
BOARDS/COMMISSIONS RECOMMENDATION: The refi ned Master Pl an was supported by
the Parks and Recreation Commission at its July 19, 1990 meeting.
DISCUSSION:
The ori gi na 1 Park Master Pl an i ncl udes the foll owi ng program el ements: a
multi-purpose center/gymnasium, a parking lot, restroom/maintenance building,
two thematic tot-lots, four ballfields (with 250' radius fields), four soccer
overlay fields, a jogging track around the park perimeter with par-course
stations, two picnic shelters and additional picnic facilities with
appropriate site furnishings on a 14.9 acre park site.
The commun i ty park in the SPA I plan, was to be developed with the Eastl ake
High School as a joint facility. City staff, the Developer and the consultant
had several meetings with resi dents of Eastl ake and Sweetwater Uni on Hi gh
School District officials to develop a park plan that would meet the needs of
the community.
The approved master plan called for the development of a 14.9 acre park site,
containing four night-lighted softball fields with four soccer fields
overlays, picnicking facilities, two large play areas, jogging path with
exercise stations, sand volley ball court, parking, restroom facilities and a
multi-purpose gymnasium/community center (Attachment "A"). When the park was
decreased to 12.9 acres, due to engineering of the roads and school site, the
consultant proposed a revision to the park plan. The new park plan eliminated
one softball field from the approved concept plan (Attachment "B"). In
reviewing the dimensions of the proposed fields, staff felt the 250'
17-1
Page 2, Item J~
Meeting Date~
dimens ions are inadequate for adult softba 11 1 eagues and felt the park was
lacking in open space area for informal activity, picnicking, etc. Staff
requested a further refinement of the plan to provide two standard size fields
(300') and more open passive picnic areas. The Parks and Recreation
Commission at its July 19, 1990 meeting approved the refined master plan which
called for two standard 1 ighted softball fields with regulation soccer fields
overl ay and open pl ay areas (Attachment "Cn). The issue of the reduction of
two (2) acres at the Eastlake Community Park site was addressed in the
provi s ions of the Eastl ake Greens Development Agreement on February 27, 1990
whereby the developer agreed to dedicate an additional two (2) usable acres of
improved park, to City Standards at City's election in the Eastlake III
phase. The consultant will be present at the Council meeting and wi 11 be
available to make a presentation on the proposed plan, if desired by Council.
It is the department's recommendation that the preferred solution for the City
is to provide two (2) softball fields at the league standard of 300' radi i
wi th two soccer overl ay fi el ds with no overl ap onto the i nfi el d areas of the
ballfields and additional passive use area. The remainder of the park site
plan is left unchanged, improving the aesthetics and quality of the park, and
increasing recreational and passive use area.
FISCAL IMPACT: $2,605,043 has been estimated for the total park
improvements, including the community center. The cost of two lighted
ba 11 fi e 1 ds in the origi na 1 master pl an were to be fi nanced by other City
funds. The construction of the gymnasium will be constructed upon approval of
the tentative map for Eastlake III.
WPC 1604R
1/-2
RESOLUTION NO. 1'03,0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A REVISED MASTER PLAN
FOR EASTLAKE COMMUNITY PARK
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, EastLake Community Park will be a multi-purpose
park facility construction by EastLake Development as part of the
requirements for EastLake Greens; and
WHEREAS, the project is being designed by the
architectural firm of Wimmer Yamada and Associates
architectural firm of Delawie Bretton Wilkes Associates;
landscape
and the
and
WHEREAS, the initial Park Master Plan was presented to
and approved by the City Council on July 20, 1989; and
WHEREAS, since that time, engineering of Eastlake
Parkway and the Eastlake High School site has resulted in a
decrease in the overall size of the park from the original 15.0
acres to the current total of 12.9 acres and because of the
decreased park size, some refinements to the original Master Plan
are proposed; and
WHEREAS, the refined Master Plan was supported by the
Parks and Recreation Commission at its July 19, 1990 meeting.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve a revised Master Plan
for EastLake Community Park.
Presented by
TO f 'm})
, city Attorney
Jess Valenzuela, Director of
Parks and Recreation
8427a
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17-7
Minutes of a
Special Meeting of the
PARKS AND RECREATION COMMISSION
Thursday 6:00 p.m.
July 19, 1990
Parks and Recreation
Conference Room
*******************
ROLL CALL
MEMBERS PRESENT:
MEMBER LATE:
MEMBER ABSENT:
Chairman Roland, Commissioners Hall, Lind
Commissioner Sandoval Fernandez (6:04)
Commissioner willett
1. APPROVAL OF THE MINUTES of the meetings of May 31, 1990 and
June 7, 1990.
Motion to approve the minutes of the meetings of May 31, 1990
and June 7, 1990 as distributed.
MSC HALL/LIND 3-0 (Commissioner Sandoval-Fernandez out)
2 . HEARINGS OR PUBLIC REMARKS
Dave Starr spoke on behalf of the archers in favor of keeping
the archery range open at its present location until a
suitable alternative site is located. Mr. Starr feels that
the majority of archers who use the range practice their sport
in a safe manner and without danger to spectators or
surrounding residents. It is his opinion that the problems
that have been reported to the Parks and Recreation Department
were caused by one or two inexperienced and/or careless
archers.
Mr. Starr feels that with the installation of better signage
and some safety equipment, ie., netting and chain link
fencing; the sport of archery could be safely practiced at the
current site until a suitable alternative could be located.
Dave Chessmore pointed out that there are a number of archers
in the southbay area, and that this archery range is the only
one south of Morley field in Balboa Park. Mr. Chessmore feels
that the investment needed for safety netting and a chain link
fence to limit the distance that archers can shoot is minimal
compared to the investment that the city makes to support
other sports.
/7-K
3. UNFINISHED BUSINESS
a. Oranqe Avenue Ballfields
Park Superintendent Foncerrada recapped the Girls' Softball
League's proposal for improvements to the Orange Avenue
fields, and outlined their requests as follows:
1. permission to construct a snack bar and temporary
restroom facilities.
2. Clean out drainage channels to allow unimpeded water
flow.
3. realign the two fields at the north end.
4. install two new backstops.
5. Provide fence fabric to improve existing foul line
fences.
He stated that the Department currently has enough fencing
material to provide a fence as requested by the Girls Softball
Association, but that he estimates the cost of installing the
backstops to be approximately $10,000.
commissioner Sandoval-Fernandez asked if there is a problem
in putting in a septic tank for the restroom.
Park Superintendent Foncerrada stated that it would have to
be cleared by the Health Department and the Department of
Building and Housing prior to construction.
Commissioner Hall stated that as a real strong suggestion to
the Council that they consider replacing the $6,000 recently
given to the visitor's Information Center and giving it to the
Girls Softball Association for field modifications.
Park Superintendent Foncerrada stated that the $6,000 in
question was CDBG money, and that this proj ect would not
qualify for Block Grant funds.
Motion to approve the Girls Softball Association's request for
modifications.
MSC SANDOVAL-FERNANDEZ/LIND 4-0
b. EastLake Communitv Park/School Aqreement
Acting Director Jess Valenzuela presented the EastLake
Community Park/School Joint Use Agreement and asked if the
Commissioners had any questions.
17- 'I
Chairman Roland expressed his displeasure with the agreement,
and with the whole EastLake Community Park situation.
However, he said that he was not too unhappy with the
agreement and would support its adoption.
commissioner Hall finds it very ironic that the School
District is so willing to cooperate in this case because they
are short of fields and wish to use the City fields, and yet
on other occasions they have been unwilling to cooperate. He
does, however, support this particular agreement as he feels
that it is fair to both parties.
Motion to support the EastLake Community Park/Sweetwater
School District Joint Use Agreement and recommend its approval
by City Council.
MSC SANDOVAL-FERNANDEZ/LIND 4-0
c. EastLake Communitv Park Master Plan Revisions
Acting Director Jess Valenzuela introduced the Department's
Landscape Architect Marty Schmidt who presented the revised
master plan for EastLake Community Park.
The commissioners expressed their displeasure over the
mistakes that were made resulting in the loss of acreage in
this park, and their desire to prevent the same type of thing
happening in the future.
Acting Director Valenzuela explained that subsequent to the
loss of acreage ~n the EastLake Community Park, the
terminology of "usable parkland" has been much more clearly
defined. Also, the Department will be particularly sensitive
to these issues in the early planning stages of future parks.
Commissioner Hall expressed his displeasure over the lack of
communication from EastLake's Bob Santos. He feels that Mr.
Santos made a personal commitment to him to stay in
communication and that he has blatantly failed to honor that
commitment. He feels that EastLake intentionally misled the
commission regarding the size and quality of this park.
commissioner Hall stated that he has no confidence at this
point that this developer will honor any of the other
commitments that it has made to the City, including the
replacement of the 7.5 acres in a future phase of development.
Since EastLake has not honored any "future" commitments it
has made in the past, commissioner Hall suggests that the City
"sell" the 7.5 acres back to EastLake immediately for an
amount in the high 6 figure, low 7 figure range and use that
money to fund much needed park development in the western part
of the City.
7-10
It is Commissioner Hall's opinion that this is the only way
the City will ever realize the return of the 7.5 acres that
were taken from this Park.
Chairman Roland asked if the city has ever received the
promised "letter of commitment" from EastLake, formalizing
the return of the 7.5 acres. He requested that staff check
on this and bring an answer to the August Commission Meeting.
Commissioner Lind stated that while he was highly dissatisfied
with the current status of the park, he feels that it is the
best that we can get at this point in time and that the
Commission should, therefore, approve it and get on with other
business.
Motion to approve the master plan revision as presented.
MSC LIND/SANDOVAL-FERNANDEZ 3-1
Commissioner Sandoval-Fernandez requested that the 7.5 acres
of parkland be agendized in August, at which time she proposes
to make a motion that the City require the 7.5 acres of
parkland to be included in the plans for EastLake Trails.
4. NEW BUSINESS
a. Election of Officers
Motion to elect Carmen Sandoval-Fernandez as Chair for the
FY90-91.
MSC ROLAND/HALL 4-0
Motion to elect Russ Hall as Vice Chair for FY90-91.
MSC ROLAND/LIND 4-0
b. Archerv Ranqe/Eucalvotus Park
Acting Director Valenzuela gave a brief history of the
problems that have occurred at the archery range, and asked
the Commission to support a permanent closure of the range at
this location and direct staff to explore alternative
locations.
Commissioner Lind stated that he would like to see mesh
netting and a fence to shorten the range, installed in an
effort to safely keep the range open for the archers.
Chairman Roland suggested Rohr Park as an alternate site for
the archery range. He mentioned a little used area in the
east end of the Park.
17~11
Acting Director Valenzuela stated that
scheduled a for major renovation
September 1990.
the area mentioned is
project starting in
Mr. starr commented that the number of complaints about the
archers has been minimal when you consider that the archery
range has been in use for 39 years. In addition, he apprised
the Commission that archery is an Olympic Sport, and that
there are 2 Olympic contenders who are residents of Chula
vista and practice regularly at the Eucalyptus Park archery
range.
Motion to support the permanent closure the archery range at
Eucalyptus Park.
MSC HALL/SANDOVAL-FERNANDEZ 4-0
Motion to limit to a period of six months staff's search for
a short term alternate site, and if no site can be found that
staff consider upgrading the present site and reopening it.
MSC LIND/HALL 4-0
c. Librarv at Lauderbach Park vs. Fourth & Oranqe
Acting Director Valenzuela introduced Rosemary Lane, Library
Director who commented on the report that had been provided
the Commissioners regarding the location of the new library
and gave additional background on the situation.
Motion that the new library be located at the corner of Fourth
and Orange Avenue.
MSC SANDOVAL-FERNANDEZ/HALL 4-0
5. COMMUNICATIONS
a. Written Communications
NONE
b. Commissioners' Remarks
Commissioner Sandoval-Fernandez commented on the friendliness
and efficiency of the staff at Parkway when she takes her
children there. She is concerned, however, about the
condition of the showers at the pool and asked whether this
would be part of the renovation project currently underway at
Memorial Park.
Acting Director Valenzuela replied that the showers are
included in a future phase of the project.
/?,,/'L
Commissioner Sandoval-Fernandez feels that there should be
more signage available on site at the Memorial Park renovation
project to inform citizens about the project.
Commissioner Lind inquired about the attendance at the Music
in the Park concert series and how this had been impacted by
the renovation project.
Acting Director Valenzuela reported that the concert series
has been well attended in Friendship Park and that the
Department has received very little negative feedback about
the relocation.
Commissioner Sandoval-Fernandez noted that there has been an
apparent problem between the private softball leagues using
Rohr Park and the YMCA personnel who staff the day camp there.
She asked if staff could do anything to alleviate this
problem.
Acting Director Valenzuela stated that this problem had been
anticipated when the YMCA was granted permission to
temporarily use the west end of the park for a day camp. At
that time the suggestion was made to the YMCA to have their
staff walk the children to the other parking lot for pick up,
thus alleviating the traffic congestion.
Commissioner Sandoval-Fernandez asked if the Department is
doing anything to conserve water.
Acting Director Valenzuela assured Commissioner Sandoval-
Fernandez that the Department was not only in compliance with
the water conservation requirements but had been very
innovative in the efforts to conserve water both in the parks
and in open space.
6. MONTHLY REPORT
Acting Director Valenzuela reviewed highlights of the
Department's monthly report including the success of the mail-
in registration program and the Norman Park Center's temporary
relocation.
The meeting was adjourned to the next regularly scheduled meeting
of August 16, 1990.
Submitted By,
"
/] ~ /
(JI1{~\
_{-a~d;
CAROLE' C. STOHR
/7 ""/3
COUNCIL AGENDA STATEMENT
Item II
ITEM TITLE:
Resolution /'031
property
Director of Parks and
Meeting Date 1/22/91
Approva 1 of appra i sa 1 and sale of
SUBMITIED BY:
Recreat ion' p--,-_
(4/Sths Vote:
Yes_No..lL)
REVIEWED BY:
City Manager A
T
,/
An independent land appraiser was hired by the City to obtain the market value
of open space property deemed eligible for sale under the City's "Grading
Deviation Pol icy."
RECOMMENDATION: That Council adopt resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City adopted the "Grading Deviation Policy" on October, 1986, which
establ ished the procedure and criteria to be used to identify and sell City
dedicated open space property for the specific purpose of correcting a grading
deviation made at the time of subdivision development.
In the Bonita Ridge Development, Mr. Scholten, I3II Ridgeway, made a request
was made to purchase adjacent property deemed eligible for sale. Mr.
Scholten's pool, built on the pad behind his residence, was partly on open
space property. The applicant complied with the procedures established in the
Grading Deviation Policy which includes: a mail-in ballot, environmental
review and a market value appraisal.
A mail in ballot for the residents in Open Space District No. 4 was conducted
by the City Cl erk' s offi ce and the results (46 in favor and 43 aga i nst the
sale of the property) were accepted by Council at its November II, 1990
meeting.
Mr. Tom Money, real estate appraiser, was hired to prepare appraisal report
for the open space 1 and. The report (Attachment A) determi ned the market
value of open space property. The market values of the property is $3,200.
Upon Council adopt i on of the resol ut i on and authori zat i on to sell property,
the applicant will purchase the property from the City for the market value.
The City will prepare the necessary deeds to dispose of the property.
The funds deri ved from the sale of open space property wi 11 be credited to
reserve balance of the affected district.
FISCAL IMPACT: $3,200 will be added to District #4 reserve balance.
WPC IS90R
/K-I
/B-2
RESOLUTION NO. I'O~ I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING APPRAISAL AND SALE OF
PROPERTY
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City adopted the "Grading Deviation Policy"
on October, 1986, which established the procedure and criteria to
be used to identify and sell City dedicated open space property
for the specific purpose of correcting a grading deviation made
at the time of subdivision development; and
WHEREAS, in the Bonita Ridge Development, a request was
made to purchase adjacent property deemed eligible for sale; and
WHEREAS, the applicant complied with the procedures
established in the Grading Deviation policy which includes: a
mail-in ballot, environmental review and a market value
appraisal; and
WHEREAS, Mr. Tom Money,
to prepare appraisal report for
determined the market value of
$3,200; and
real estate appraiser, was hired
the open space land which report
the open space property to be
WHEREAS, upon Council adoption of the resolution and
authorization to sell property, the applicant will purchase the
property from the City for the market value and the funds derived
from the sale of open space property will be credited to reserve
balance of the affected district.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the appraisal and
sale of property in the open space area adjacent to 1311
Ridgeview way.
Presented by
Attorney
Jess Valenzuela, Director of
Parks and Recreation
8420a
/1- '/)
THOMAS G. MONEY
REAL ESTATE APPRAISER
Since 1970
December 19, 1990
Jerry Foncerada
PARKS & RECREATION DEPT.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 92010
RE: Open space adjacent to 1311 Ridgeview Way, Bonita, CA 92002
Dear Mr. Foncerada:
In complying with your request for an appraisal of the Parcel of
land adjacent to 1311 Ridgeview Way, Bonita, CA, I submit the
following enclosures:
A. 1 Page of Data
B. 1 Photo Page
C. 1 Plat Map
D. 1 Area Map
E. 1 Location Map
F. Statement of Limiting Conditions
G. Statement of Qualifications
Market Value is the most probable price in terms of money which a
property should bring in a competitive and open market under all
conditions requisite to a fair sale, the buyer and seller each acting
prudently and knowledgeably, and assuming the price is not affected
by undue stimulus.
Implicit in this definition is the consummation of a sale as of a
specified date and the passing of title from seller to buyer under
conditions whereby:
1. buyer and seller are typically motivated.
2. both parties are well informed or well advised, and both are acting
in what they consider to be their own best interest.
3. a reasonable time is allowed for exposure in the open market.
4. payment is made in cash or its equivalent.
5. financing, if any, is on terms generally available in the community
at the specified date and typical for the property type in its
locale.
355 3rd Ave. # 1 01
Chula Vista, CA 92010
619-422-0177 Eve.619-475-6136
Jf--r
December 19, 1990
Jerry Foncerada
Page Two
6. the price represents a normal consideration for the property
sold unaffected by special financing amounts and/or terms,
services, fees, costs, or credits incurred in the transaction.
As a result of my investigation and inspection of the subject properties
and review of the enclosed data and my experience, I have arrived
at the following estimates of value:
Overall Income Approach
Market Data Approach
Replacement Cost Approach
Not Applicable
$3,200
Not Applicable
Sincerely,
MONEY REALTY
~--
7- /??;'
'l)~
Tom Money
Appraiser
TM/pm
/S'(,
Loan Term yrs Property RlghlS Appraised
tyr) Loan Charges 10 be paid by seller S Other sales conceSSIons
& Betty Scholtens Add'... 1311 Ridgeview Way
AppraIser Torn Money In,trucllOns 10 Appraiser Fair market
to above.
LAND APPRAISAL REPORT
1311 Ridgeview Wav
Property Addre"
C,ly Boni ta
Log" Do,c"phon APN 594-280-03
SalePrlceS N/A
Actual Real Eslale TalCes $
William
Owner
Qpen
N/A
Counly San Diego
space ad;acent to
N/A
Dale 01 Slle
DUrban
00'0' 75"
D Fully Del/ 0 Rapid
o IncrelSlng
o Shortage
~ Under 3 Mas
Presenl Land Use ~'1 Family _ ~ 2-" Family
"0 Industria! ~.,. Vacanl
Change In Presenl Land Use 0 NOILlkely
(') From
KJ Owner 0 Tenanl
S 220.000 10S 800.000
o vrslo_~yrs
KJ Suburban
ILl 25.. 10 75...
ILl SIO.dy
:iU Slable
KJ In Balance
o...S Mos
_%Apts
Property Vatues
Demand/Supply
Marketing Time
o Rural
o Undor 25"
OS'ow
o Oechnlng
o Over Supply
DOver S Mas
,_' Condo _'10 CommerCial
-"
DUkely/')
o Taking Place (')
TO
PreOomlnant Occupancy
~ Vacant
Predomlnanl Value S
Single Family Price Range
Single Family Age
Predominant Age
300.000
12
Census Tract 134.04
Map Relerence 70-D2
SlIte
CA
ZIP Code
92002
[] Feo
o Leuehold
ODe Mlr'llmlS P
value of land adjacent
Good ..9 FA" POC)'
y"
Employment Stability
Conl/enlence to Employment
Conl/enlenee to ShOPPing
Convenience 10 SchOOlS
Adequacy 01 PubliC Transportallon
Recreallonal Facllthes
Adequacy of Ullhltes
Properly Compallblllly
Protecllon Irom Delrlmental Condlllens
POlice and Fire Prolechon
General Appearance 01 Properties
Appeal to Market
CilOOO
OCilOD
DG30D
UilOOD
OGOO
G300D
OGDD
G300D
G300D
OGOD
G300D
G3000
Comments Including those tactors favorable or unfavorable_allectlng marketability (e g public parks, schOOlS. I/leW, nOlsel
near schools, golf courses, tennis club and horse riding trails.
west of I-80S and 1.5 miles south of S-54.
Approximately 90 x 20
Zoning Cll5s.IIcallon Single Famil y
HIQheS! and best use 0 Present use 0 Olrler lspeClfy)
PubliC Olher (OeSCflbel OFF SITE IMPROVEMENTS Topo Slopine: to canyon
~ StreelAccess [1.9 PubliC OpflVate Slle Approximatelv 90 X 20 (see plat map)
[J Su'I.C, asphalt Sh.PO Modified rectangle
~ Malnlenanee C1a PubliC 0 P"vate View To northwest and northeast
[RJ f[] Slorm Sewer [19Curb'Gulter Drainage Adeaua te to s tree t
~ Underground Elect & Tel:[] Sidewalk [Jg Slreet Lights Is lh. prOJMrty locateCl in I HUD IctenlllifoCl SpKla' Flood Hazard Arel?
Com men Is (fll/orable or unfavorable Ir'lcludlng any apparent adverse easements encroachments or other adverse condillonsl No encroachments
easements noted. Title report was not reviewed. The sub;ect of this appraisal is an
approximate 20' strip of open space land across rear of 1311 Ride:eview Way.
1,600
Presenllmprovements
Quiet Bonita neighborhood
Approximately 2.5 miles
Sq FI or Acres
o Corner Lot
o do not conlorm to lontng regulahons
[JdO
I!J No
or
Dv"
Trle underSIgned has reCited Ihree recent sales of properties most Similar and prOKlmate 10 sublecl and has conSidered Ihese In the market analvsls The desCflpl.on .nCludes a (j'
tldlUSlment, rellecllng ma,ket reaction to tho!oe Ilems of SIgn,(tCarH vallatlon betwepn the sublect and comparable properties II a s'gnl',cantllem '" Ihe comparable property IS SUr,(""
or more favorable than the slJb)ect plope"y a minus 1.1 adluslmenll!o made IhuS 'eductng the Ind'cated value of subleCI, I' a slgnl"canl Item In the comparable IS InferlOI to O(
favorable Ihan the subleCI property a plus 1'1 adjuStmenl IS maae thuS Increasing the ,na,calea value 0' the sub)eCI
ITEM
Sublecl Property
COMPARA.BLE NO 1
1311
Rid eview Wa
5703
Sweetwater Road
1.5 miles NW
s181 000
'S 5.94
3405
Glen Abbe Blvd.
2 miles west
's89,000
'S 10.00
76 Las Flores
3 miles west
's 105,000
'S 8.58
I I
I I
, I
_.~-"----- I ------------,---
OP1us OMlnusl$ OPlus,DMlr'll'$ S OPIU$,OMIr'l\JSI~__
I I :
Is181,000 is 89 000 is 105,000
are representatives of lots available in Chula Vista/Bonita~....
area of comparabl" lots would compare with values in the subi~c.~..
10 Sub
er
SN/A
S.F. sN/A
Ins ection
DESCRIPTION
'i'IS
"'d,~S"''''''
MLS
DESCRIPTION
04/20/90
Ver ood
8900/No
R1
No
193 da s
MLS
DESCRIPTION
06/29/90
Very good
30492/M.T.
ac R1
No
69 days
Date of Sale and
Time Ad,uslment
Excellent
1100/NW & NE
R1
Yes
Sales or Flnanemg
ConceSSions
Net Ad TOlat
Indicated Value
o! Sublecl
All 3 comps
built in the
COMPARABLE NO 2
COMPARABLE NO 3
'lo'S
"C"Slmp",
MLS
DESCRIPTION
10/05/90
Very good
12240
R1
Yes
100 days
'. ~ ~
.ClIS"'"
Comments on Markel Dala
The homes being
neighborhood.
Comments and ConditIons of Appraisal No conditions are imposed on this appraisal. The sub; ect parcel has
almost no value as a portion of the open space district. Although the sub;ect parcel would
increase the value of lot 3, it would not be at same rate as minimum lot.
.
Final ReconCIliation
does not add
It is
value
the
per
above compar~bles that adding square feet
square foot that the minimum lot demands.
to a lot
clear looking at
at the same cost
.
I ESTIMATE THE MARKET VALUE. AS DEFINED. OF SUBJECT PROPERTY AS OF
November 27,
Appralser(Sl
7--~
Tom Money
Rev 12.'82
~.,py------ R",ow ;lr:~"C'b'" OD,d
~ 1984 Forms and Worms1lnc 315 Whitney Ave tnave(Cl 06511 All Rlgh!S Reserved
o Old Nol PhYSically Inspect Property'
vy
FW.68
,990 lobeS 3,200.00
PHOTOGRAPHS OF SUBJECT PROPERTY
Borrow_~r~Cllent
ProP~~_QP~~ss
C'ly~ Boni ta
Lender
William & Betty Scholtens
1311 ~Rid~eview Way
____ ColJ'1ljl, San Diego
Slate
CA
Z'p Co"e, 92002
I ~,t
VIEW TO NORTHEAST
VIEW TO NORTHWEST
LOCATION MAP
Borrower'Client
Property Address
City Bonita
Lender
William & Betty Scholtens
1311 Ridgeview Way
County
San Diego
Slate
CA
Zip Code
92002
LOCATION MAP [SUBJECT PROPERTY]
L ALA
I
LA, JOLL'"
'''C.rl
(I UM
SAN DIEGO AREA I
FREEWAY MAP L
I I~I-
o 2,5 5
MILES~ ~ I
KILOMETERS H
o 25 5
,_.O'A~
'fco-
~
~-.r- --
UMIHO iT~HL
--~lICQ
1~"9
FW 74A
@ 1984 Forms and Worms~lnc, 315 Whitney Ave. New Haven. Ct. 06511 All Rights Res6Ned
Item ~ 113050
AREA MAP
Borrower Client
Property Address
City Bonita
Lender
William & Betty Scholtens
1311 Ridgeview Way
County San Diego
Stale
CA
Zip Code
92002
I.. 0 I
.2/ (
'I <:l "
~ tlL(, F(
\j ~~ LJ)
d',; '" ~ /
, ~+, u/
. ~Io)l, i
to "\..-..-1
, ~ ./0
FW 74A
c 1984 Forms and Worms'lnc 315 Whitney Ave New Haven Ct 06511 Ali Rights Reserved
ilemll113050
PLAT MAP
Borrower Client
Property Address
City Boni ta
Lender
William & Betty Scholtens
1311 Ridgeview Way
County San Diego
State
CA
Zip Code
92002
V IO/~ ""0 "" -
. 0)
" :... '., ~
1~'Sd lO,ca ~ <>,
103 e2.sa
;; @ 104 ~
<> ~@ "
, z _ '\
v o "
" . N 0 '3 g
'" '" -.j \)"
<P" ~ ~ ~ ~O)
6
N
~ ,06 ,~ '^
~
~ 0
\~~.\!> \'00.00
~
ll> 106 'os
" 105
,,@ ~@
0", ~
~
9 ll>
):
~:
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b (,
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vI:
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~
~
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~
/Z-/I
FW 74A
c 1984 Forms and Worms'lnc 315 Whitney Ave New Haven Cl 06511 All Rights Reserved
ltemtlll3050
nE~T\.ITIO\. OF lVIARKET VALLIE: TIlL' mu~t pmbahk prilT v,'h]ch a pmperty ...hould bring in d cllmpL'litive and opell
market under all comlitions re411i...ite to d fJir sale, the buy'er and seller. each acting prudently, knowled~eahly' and as",ullling
the pricl.' i... nnt af!i.'cted hy undue stilllulu'i. Impli..:it in this definition i", the cnn'iumrnation ..)1' a sale as nj a specified date
and thl' passlllg of titk 1'10111 seller tn huycr ullller cllnJltion~ \vhcrehy: I I) huyer ;Jnl! ..,dln arc tYPlL'all,y mlltiv~]ted: L~.) both
partie... arc well informed nr \\'(,.'11 ~]dvi"'L...L and each acting III \\hat he cnnsidcrs hi'i own be...t Intefest. (3) d rL'a...nnabk time
i'i <.I I IO\\'Cl1 li)r cxpnsure in the (l[K'n market, (41 payment i... made in terms of cash in U.S dollars or in lerm... of financial
arrangement'i clllllparabk thereto, and ISf the price represents the nOf]lIal consideration lilr the property s\lld unaflectcu b.\'
...pecial or creative finanL'ing nr sales corlL.c......iom'~ granted hy anyone as...ociated \vilh the S;J!c
'''Adju...tmellt:-. to the comparable... must be made for ...pecial or crcativl.' financing or ...ak... conel.'ssion.... No adjustment:-. arc
Tlcce...sary ji)r those cnst:-. \vhich an: normdlly paid by ...cllers .j", a re:--ult of tradition (lr law in a market area: the...e co~t:-. arc
readily identifiahle ...ince the selle-r pay... lhese costs in virtually all ...alc-s transactions. Special or cn:ativl.' linancing adjustlm:nh
can he made to the comparable property by comparisons to financing terms offen:d hy a third party institutitlllal lender that
is not already involved in the pfllpl.']ty or tran"action. An.y adjustment should not be c.dculatcd on a mei.-'haniL'al dollar 101
dollar L'Os! of the financing nr Clltlccssion hut the dtl]]ar amount ot any adju:.tment should appHl.\.imate Ihe- market's reactilln
to the financing llf cotlces'iions based on the appraiser's judgment.
CERTlFICATlO"l A"ID STATEMENT OF LIMITING CONDITIONS
CERTIFICATION: The Appraiser certifies and agrees that:
I. The Appraisl.'r has no present or contemplated futurl.' interest in the property appraiseLl: and neithL'r the employment to
make the appraisal. nor the compensation li)r it. is contingent upon the appraiseLl valuL' of the property.
2. The Apprai'ier has no personal intere-st in or bias with respect to the wbject matter of the apprai...al repmt or the partici-
panh to the sale. The "Estimate of Market Value" in the appraisal report is not based in whole or in part upon the rat.'C, color.
or national origin of the prospl.'ctivl' ownL'rs or ol"Cupants of thL' property appraised. or upon the raCe, color or national origtll
of thl.' prl.'sl.'nt owners or ol'cupanh of the properties in the vicinity of the property appraised.
3 The Appraiser has persnnally inspecled the property', both insidL' and out, and has made an exterior inspection of all
comparahle sales listeLl in the n:po]l. To the best of the Appraiser's knllwleJge and belief. all sta1L'menh and inl()f]llation tIl
this repoll arc true and corrl.'cL and thc Appraiser has not knowingly \vithheld any significant infi)f]llalion.
4. All contingent and limiting conditilllb arc contained herein (imposed by the terms of the assignment or hy the under
"igned affecting the analyses. opinions, and conclmiom contained in the report)
5. This apprai...al rl.'ptlrt ha:; be-en maLle in conlilflllity WIth and i\ suhjl.'ct to the requirements of thL' Code of Proksslonal
Ethics and Standard'i of Professional Conduct of the appraisal organizations with \vhich the Apprai..,er is affiliated.
6. All conclusions anLl opinions L'oncerning the real estatl.' that arc set ti.lfth in the appraisal report were prl.'parl.'d hy the
Appraiser v.,'hose signature appeal" on thl.' Jppraisal report, unless indicated as "Review Appraiser." :''>In change of any item in
the appraisal report shall he made by anyone othL'f than the Appraisl.'r, and the Appraiser shall haw no responsihility I(n any
such unauthorizeu change,
COI\'TINGENT A:"II> LIJ\.lITI:"IG COI\'DITIONS: The certification of the Appraiser appearing in the appraisal rl.'pllrt i'i subject
to the j('llowing conditions and to such other specific and limiting conditions as are set forth hy thl.' Appraiser in the rcpllrL
I The Appraiser assumes no responsihility lilr malleI'S of a legal nature alkcting thl.' property appraised or the titk thae
to. nor docs the Appraiser render any opinion as to the title, which is assumed to he good and marketable. The property is
appraised as though unller responsihk ownership.
.2. Any skelch in the report may shnw appfllximate dimension\ and is includeLl to assi'it thl.' readL'r in visualizing the prop-
erty, Thl.' Appraiser has made- no surveyor the propaty.
3 The Appraiser is not reljui]ed tn give testimllny or appear in Ct)urt hecausL' of having made the appraisal with rdefence
tll thl.' propl.'rty in ljuestion, unkss arrangements have heen previously made therefor.
4. Any distribution llr the valuation in the report hl.'twel.'n land and improvcments applie.., only under the existing program
of utilizalion. The separate valuations for land and building must not he used in conjunction with any !lther appraisal and are-
invalid if so used.
S The Appraiser a...sumes that there are no hidden or unapparent conditions of the property, subsoil. llr structures. which
would render it more or less valuahle The Appraiser assumes no re-sptltlsihility li)r such conditions, or f(1r enginet.'ring which
might bl.' required to discover such factors.
6. Inti)f]llation, estimates, and opinions furnished to the Appraiser, and contained in the reporL were ohtained from sources
considered reliahlc and bclil.'wd to he true and correct. However. no responsibility II)r accuracy of such items furnished the
Appraiser can he assumed hy the Appraisl.'r.
7. DisclO\ure of the contents of the appraisal report is governed hy the Bylaws and Regulations of the professional appraisal
organizations with which the Appraiser is affiliated,
R Neither all, nor any part of thl.' content of the report. or copy thereof (including conclusions as to the property value
the identity of the Appraiser, pmtessional designalinns, rclcrencl.' 10 any professional appraisal organizations, or the firm with
which the Appraiser is connected). shall be used fix any purpO\es hy anyonl.' but the client specified in the report, the borrower
if appraisal ke paid by same, the lllortgageL' or its SUCi.:essors and assigns, mortgage insurers. consultants. protCssional appraisal
organizations. any state or federally approved financial institution. any department. agl.'ncy, or instrumentality of the United
Statt.'s or ;my statc or thl.' District of Columhia, without the previous written consent of thl.' Appraiser: nor shall it bc conveyed
by anyone to the puhlic thmugh adverti..,ing, public relations, news, sales. or other media, without the written consent and
approval of the Appraiser.
<.) On all apprai..,als, suhject to satisfactory completion, repair'i, or alterations, the applaisal report and value conclusion arc
contingent upon completion of the improvcml.'nts in a workmanlike manner.
J g" I 'l.,.,
Date
/v/y'(,
Appraiscr(s)
k //7
~.
Freddie Mac
Form 439 ,JUL 86 HYG eo Forms and Worm6'" Incorporllted. 315 Whitney Ave., New Haven, CT 06511 1 (800) 243.4545
Fannie Mae
Item # 1 15800 Form 10048 JUL 86
THOMAS G. MONEY
REAL ESTATE APPRAISER
Since 1970
APPRAISAL QUALIFICATIONS
Of
THOMAS G, MONEY
EDUCATION .
AA Real Estate Southwestern College, San Diego, CA
USC Extension. Concepts in Appraising
RNMI Realtors National Marketing Institute. CCIM
RNMI C.I. 104 Analyzing Commercial Investment
SREA Uniform Commercial Industrial Appraisal Form
SREA Professional Practice & Code of Ethics
SREA Course 101 "Introduction to Real Estate
SREA Course 102 "Residential Valuation 1/90
Courses 1-5
9/89 (1 Day)
11/89 (1 Day)
Appraising 9-11/89 (Test 11/4/89)
Test 2/3/90
DESIGNATIONS
GRI Graduate Realtors Institute
CRS Certified Residential Specialist
AFFILIATIONS
License Real Estate Broker Since 1970
South S.D. Bay Cities Board of Realtors- President 1984/Director 1981-1984
California Association of Realtors (CAR)
National Association of Realtors (NAR)
Realtors National Marketing Institute
Society of Real Estate Appraiser (SRA) Candidate
APPRAISAL EXPERIENCE
Over 350 Appraisals in recent years, totaling over $50.000.000 in total Market
Value, for Banks. Credit Unions. Small Busines Administration. Attorneys.
Accountants. and Private Individuals including:
.
Single Family Residence
Condominium
Residential Income Property
Commercial Income Property
Commercial Lease Value
Vacant Land
REFERENCES
Attorneys:
Richard Stedd, 357 3rd Ave. Chula Vista 92010
Lee Bendickson. 629 3rd Ave, Suite E. Chula Vista 92010
James P. Allen. 1010 2nd Ave, #1821. San Diego. CA
Bernard O'Connor, Jr. Union Bank Tower #880. Torrance.
Gary J. Bowman. 629 3rd Ave, Chula Vista
Wayne L. Faneworth, San Diego, CA
Robert Peddycord. 1850 5th Ave. San Diego, CA
John Crawford. 1010 2nd Ave. #2210. San Diego. CA
(6191426 7441)
(619/422 8391)
(619/234-7903)
CA 90503
(619/426-7550)
Accountants
Russ Bullen, Accountant. 345 "F" St, Chula Vista. CA 92010
(619/691-4103)
/1,13
355 3rd Ave. #' 1 01
Chula Vista, CA 92010
619-422-0177 Eve: 619-475-6136
1?IAq
... "'.H,......:.> V. . ,Uill:}
Page 2
REFERENCES (Continued)
Financial Insitutions:
First International Bank, 318 4th Ave, Chu1a Vista (619/425-5000)
Pacific Commerce Bank, 1196 3rd Ave, Chu1a Vista (619/422-2265)
Imperial Bank Mortgage, 6060 Cornerstone Ct, W #319, San Diego (619 453-2922)
Bancplus Mortgage, 3550 Camino Del Rio N. #108, San Diego (619/283-7122)
Guardian Savings & Loan, 1335 Hotel Cir So #200, San Diego (019/298 8825)
Farwest S & L Assoc, 6333 Greenwich Dr, #180, San Diego (619/552-0197)
lCA Mortgage Corp, 6265 Greenwich Dr #150, San'Diego (A19/452-6443)
D & M Investments, 9984 Connell Rd, San Diego (619/566-4856)
Golden Pacific Funding, 591 Camino De La Reina #928, San Diego (619/297-9880)
Trust Deed Corp, 1600 E 4th St, #300, Santa Ana (714/541-2622)
Mortgage Loan America, 62 So San Tomas Aquino Rd, Campbell (1 800 366 4545)
Sun Harbor Mortgage, 2667 Camino Del Rio S #305A, San Diego (~19/294-7000)
Abbey Mortgage, 7877 Parkway Dr #2-A, La Mesa (619/462-8994)
Progressive Financial Group,Inc,18001 Skypark S #M, Irvine (714/548-0117)
Pacific Beach Mortgage, 6265 Greenwich Dr #250, San Diego (619/453-2711)
Homeshelter Mortgage, 11848 Bernardo Plaza Ct #llOB, San Diego (619/451-6986)
International Mortgages of America,3l0 3rd Ave #C-26, Chula Vista (619/476-0844)
Credit Unions:
Rohr Credit Union P.O. Box 5227, Chula Vista, CA 92012 (G19/69l-4l03)
Other:
City of Chula Vista Redevelopment District
Real Estate Brokers
Private Parties
,EXPERT WITNESS
Appeared in Court on five occasions as expert witness regarding property'
valulltio:ls.
RECENT APPRAISALS OF INTEREST
624 3rd Ave, Chula Vista - Commercial Office Building & Adjacent Lot
613 3rd Ave, Chula Vista - Commercial Office Buildings & Adjoining Units
315 3rd Ave, Chula Vista - Commercial/Retail Buildings
3216 Bonita Mesa Rd, Bonita - Single Family Residence
244 Alvarado, Chula Vista - Single Family Residence on R-3 Lot
273 Alvarado, Chula Vista - Single Family Residence on R-3 Lot
4450 Vista Nacion, Bonita - Increase in value of Real Estate to buy pool
243 Oxford St, Chula Vista - Establish 'dimensions of value by cutting down
16 trees
3807 Palm, So. San Diego Single Family Residence value for Bcnkrupcy Court
795 Palamas St, Chu1a Vista - Value for Bankrupcy Court
309 3rd Ave, Chula Vista - Appeal County Assessors Valuation
Surrey Drive, Bonita - Vacant Lot Executive view home lot
341-47 3rd Ave, Chula Vista - 10,600 sq ft Commercial Buildings downtown
Chula Vista.
3620 Main St, Chu1a Vista - 8160 sq ft Commercial/Industrial Buildings
9 The Point, Coronado - 3700 sq ft Executive Waterfront Homp.
Mesa Vista Way & Sweetwater Rd, Bonita - 7 Lot Subdivision
.91 AC, Otay Mesa, San Diego- .91 AC
Lot 26 (Eastlake) , Chula Vista - Custom View Lot
1022-24 Ocean Lane, Imperial 8each - Duplex plus vacant lot, Ocean front propert
217 3rd Ave, Chula Vista - 2,900 sq ft Commercial Building-downtown Chula Vi,
3604 Bonita Rd - 2360 sq ft - 42 Student Pre-School
255 Rogan Rd,Chula Vista - 12,000 sq ft home on 1.84 AC - establish value
of home destroyed by fire.
Vacant Lot East of Tel,graph Canyon Rd - 22,500 sq ft Commercial Zoned Lot
12-89
/fj "'It.!
COUNCIL AGENDA STATEMENT
Item I'
ITEM TITLE:
,~ Meeting Date 1/22/91
Resolution ,,0 Approving the installation of
security fencing for the employee parking
area, and reconfiguration of existing
employee parking to expand the number of
employee parking spaces.
SUBMITTED BY: Fire Chief Jb'~
REVIEWED BY: city Manage~ (4/5ths vote: YesXXNo__)
staff is concerned with'the security of vehicles in the
employee parking area. Vehicle thefts and vandalism
caused the Fire Department's Quality of Work Life
Committee and the police Officers Assocl.ation to request
the installation of a security fence surrounding the
employee lot. In addition to the fence there will be
manual gates at all driveways with the exception of one
electronically controlled gate at the southwest entrance.
As part of the fence installation the small extension of
the parking lot which is located off the northeast corner
of the lot and primarily used for city vehicles will be
realigned to allow for easier access around the parking
area.
RECOMMENDATION: That council appropriate $26,593 to
install the security fence, gates and realignment of the
small parking lot.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The issue of security for employees personal vehicles was
brought forward by Fire Department employees through their
Quality of Work Life process and the police Officers I s
Association.
Both Fire and police have concerns related to employees
who work shift assignments other than the normal 8:00 A.M.
to 5:00 P.M. Those employees whose cars are in the
employee parking lot or streets around the civic center
nights and weekends have had their vehicles vandalized.
There is currently no secured parking area for employees.
-1-
l'i-(
EMPLOYEE SECURITY PARKING RECOMMENDATION
A group representing Fire, Police and Traffic En~ineering
staff reviewed the problem and developed a solutlon which
will address the following identified problems:
I. Secure the employee parking area with wrought iron
fencing
II. Install an automatic gate to this secured area
III. Parking lot realignment
I. Emolovee parkina Area Fencina
The Fire Department QWL committee recommended a security
fence be installed to protect their vehicles from
vandalism. There have been vandalism attempts reported
during the early morning hours as well as general employee
vehicles being vandalized during daytime working hours.
In order to provide employees with a safe and secure
environment to leave their personal vehicles during work
hours, we recommend that a security fence be installed. In
order to maintain the esthetics of the civic center we are
recommending that the fence be constructed of decorative
wrou9ht iron. The fence will surround the entire employee
parklng area, connecting with existing fencing where
possible. In addition there will be manual rOlling access
gates at the current entrances. We have a price quote of
$15,000 for materials and installation.
II. Install an Automatic Gate
Since this lot needs to be secured during both day and
night hours we need to provide access to authorized
personnel. We are recommending the installation of an
electronically controlled gate similar to the one used at
the Corporation Yard. The gate is proposed to replace the
manual gate at the southwest entrance. The quote for the
installation of the gate is $6,000.
III. parkina lot Realianment
The small parking lot located north of the Fire
station, west of Park and Recreation and south of
Personnel is currently used for official vehicles
only. On the north side of the lot there are five (5)
spaces for official vehicles, although vehicles
frequently are parked parallel next to the building on
the north. The south side is used predominately as a
driveway although it is frequently used for Fire
Department training and routine apparatus maintenance.
There is a fire hose drying rack which runs down the
middle of the lot.
-2-
/1-"l-
In order to maintain the traffic flow through this parking
area Traffic Engineering has developed a plan to better
utilize the space on the north side of the hose rack.
(see attachment I) By installing a wall just south of the
existing curb and leveling the area between the old curb
and the new wall to the height of the north side of the
lot this will allow room for dia90nal parkin9 of both
sides of the north half and mainta1n a full dr1veway for
fire vehicle access on the south side.
The cost for completing this
Public Works:
Material costs
Equipment
(hourly use of)
Dump Fees
Labor
work was developed by
$1,022.69
950.24
400.00
3.219.88
$5,592.81
FISCAL IMPACT:
Implementation of this proposal will increase the safety
and security of the employee parking. The recommendations
presented include:
Issue Cost
1. Fencing the employee parking area $15,000
2. Installation of an automatic gate 6,000
3. Parking lot re-configuration 5.593
(Hard costs $1,423)
Total $26,593
Implementation of
appropriation from
Public Facilities
$26,593.
this proposal will require
the unappropriated balance of
Development Impact Fund (627)
an
the
of
-3-
;9- 'J lilt - If
RESOLUTION NO. /(,03N
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE INSTALLATION OF
SECURITY FENCING FOR THE EMPLOYEE PARKING
AREA, AND APPROPRIATING $26,593 TO IMPLEMENT
THE PROPOSAL
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, staff is concerned with the secur i ty of
vehicles in the employee parking area; and
WHEREAS, vehicle thefts and vandalism caused the Fire
Department's Quality of Work Life Committee and the Police
Officers Association to request the installation of a security
fence surrounding the employee lot; and
WHEREAS, as part of the fence installation the small
extension of the parking lot which is located off the northeast
corner of the lot and primarily used for City vehicles will be
realigned to allow for easier access around the parking area; and
WHEREAS, the total cost of this proposal is $26,593.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby approve the installation of
security fencing for the employee parking area.
BE IT FURTHER RESOLVED that the sum of $26,593 is hereby
appropriated from the unappropriated balance of the Public
Facilities Dvelopment Impact Fund (Civic Center Expansion) to
Account 627-6271-5369-66132.
Sam Lopez, Fire Chief
8393a
orm by
Presented by
Bruce M.
ttorney
/9-5
council Agenda statement
Agency Agenda statement
Item: 20
council Meeting Date: January 22 , 1991
Agency Meeting Date: Februarv 5 , 1991
Item Title:
Report:
On alternatives which will remove
certain designated routine matters
from the agenda.
Resolution A: Authorizing the City Attorney/Gen-
eral Legal Counsel to Provide Amicus
Support (3 votes required), with
informational memorandum to the
Council (3 votes required).
Resolution B: Authorizing City Manager/Executive
Director to acknowledge completion
of public works projects and works
of improvement, with informational
memorandum to the Council (3 votes
required) .
Submitted by: Bruce M. Boogaard, city Attorney~
various members of the Council have individually become concerned
about the length of public agendas, and the consumption of time at
public meetings with relatively routine matters, delegation of
which may be made easily and conveniently transferred to Staff.
The attached resolutions are designed to achieve agenda reduction
through delegation of certain matters to the City Attorney and to
the City Manager.
Recommendation:
1. Adopt the attached Resolution which will delegate the
authority to the city Attorney/General Legal Counsel to
provide amicus curiae ("Friend of the Court") brief
support as he shall deem appropriate.
2 . Adopt the attached Resolution which will delegate the
authority to the City Manager/Executive Director to
acknowledge completion of public works projects and other
works of improvement, and to accept them as complete on
behalf of the city.
agenda5.wp
January 17, 1991
Agenda Reduction Program
Page 1
20-1
Boards and Commissions Recommendation:
None. None appropriate.
Further Discussion:
Backqround:
Greater efficiencies in municipal government can be attained
by delegating routine matters to your staff for handling on
specified conditions.
There is some substantial expense associated with prosecuting
a matter before the City Council, even a routine, non-policy
matter. Such not-so-obvious costs include the Staff time in the
preparation of the report, the City Attorney's Office time in
preparing the implementing resolution or ordinance and reviewing
the report, ci ty Manager's time in reading and reviewing the
report, agenda preparation meetings involving many waiting
department heads while the report is discussed, City Clerk's time
in preparing the agenda, and copying the report, Council time in
evaluating the report.
Hence, the Council concern is well-justified economically that
routine, minor matters should be delegated to Staff.
Staff will be evaluating agenda matters on a case-by-case
basis for the purpose of determining candidate items for delegation
to Staff. Three types of items have so far been evaluated by this
Office for delegation:
1.
Amicus Curiae Suooort.
the City in support of
litigation;
Resolutions lending the name of
Amicus Curiae Briefs in pending
2. Public Works Imorovement Acceotance. Resolutions
acknowledging the completion of a work of improvement or
delivery of a product or service, and accepting the work;
Amicus Curiae Suooort:
Backqround:
In pending litigation throughout the state and nation
involving or affecting cities, important principles of law are
established as precedent which can erode or supplement the
authority of a city to govern. Such precedent may not immediately
affect our city of Chula Vista, but can be expected, in the long
run, to have some impact on our authority as a government.
agenda5.wp
January 17, 1991
Agenda Reduction Program
Page 2
zo-)..
In such cases, it is the typical practice that City's which
are not parties to the litigation, but which will be affected by
the outcome, get permission from the pending court, and select a
brief writer to submit a "friend of the court" brief.
The city Attorney's Department of the League of California
cities and NIMLO (National Institute of Municipal Legal Officers)
are two such professional associations which organize Amicus Curiae
brief writing.
The City Attorney's office receives many such requests for
support, most of which are sanctioned in advance by the League of
California cities and the NIMLO. Two such recent examples are
attached as Exhibit A-1 and A-2.
Such support in the past from the City of Chula vista has
taken the form of simply lending the name of the city to the brief
in order to demonstrate to the Court the interest of as many cities
as possible. However, on some occasions, the City Attorney's
Office may desire to take the lead in actually writing the brief.
This would require a substantial commitment of time.
The past practice in the City Attorney's Office has been to
solicit the authority of the Council to permit the City to support
an Amicus curiae position.
Advantaqes of Deleqation of Amicus Support Decision to the
citv Attornev:
Such a practice of sOliciting Council approval is time
consuming for the City Attorney's Office because it requires the
City Attorney to brief the council on the current state of the law
in an area which may not immediately concern the Council, in order
to show the refinements to the law which will be set by the pending
litigation. In light of the current case load and thin staffing,
many such Amicus Curiae support requests have been placed on the
back burner and have consequently gone by the wayside due to the
passage of time. This tends to frustrate our fellow City Attorneys
in other cities.
without having to prosecute a council agenda statement, the
City Attorney can quickly review a request for amicus support from
a legal perspective, and determine, from his knowledge of the needs
of the City, that it would be in the best interests of the City to
support or not support the request.
There is no cost to the City to have the City's name placed on
Amicus Curiae briefs, and no risk to the City for attorney's fees
if the participant in the litigation loses the case. In essence,
agenda5.wp
January 17, 1991
Agenda Reduction Program
Page 3
2D-3
amicus participation is a low cost opportunity to affect municipal
law.
Implementina Resolution:
The attached resolution authorizes the City Attorney, or the
Agency General Counsel when representing the Agency, to pledge the
amicus support of the city of Chula Vista, which would include
permitting the city's name to be used in support of an amicus
curiae brief, and when the time and resources of the City
Attorney's Office permit, as the City Attorney shall determine, to
author Amicus Curiae briefs, upon a determination by the City
Attorney that the cause supported by the amicus brief will advance
an important principal of law from which the city of Chula vista
will be able to benefit as a municipal authority.
The attached resolution also requires the city Attorney to
provide an informational memo to the City Council indicating the
fact that he has exercised such authority.
Public Works Improvement Acceptance.
In the past, some Councilmember's have been routinely sug-
gesting that acceptance of public works projects is one type of
item that can be delegated to the City Manager without further
Council review.
street construction and widening projects, sewer replacement
projects, park construction projects, public building rehabilita-
tion projects such as the police station, and parking lot improve-
ment projects, are all examples of "Public Works Projects."
After the Council has approved bid specifications for Public
Works Projects, selected and contracted with a bidder, and the work
of improvement is supervised and constructed, it is incumbent on
the city to reach a decision that the Work of Improvement is
finally complete.
The completion of a project has several consequences. It
discharges the contractor from further contractual obligations,
commences a short statutory period (e.g., 35 days) within which to
discharge mechanic lien claims, commences the responsibility of the
City for maintenance and liability, and permits the release of the
"retention amount", usually 10% of the contract price.
In addition, there are typically some small closing budget
adjustments necessary to close out the project to cover last minute
change orders and minor cost overruns.
agenda5.wp
January 17, 1991
Agenda Reduction Program
Page 4
'Z()"V
The determination of completion requires a technical compari-
son of the bid specifications with the as-built product, a matter
usually within the realm of the contract administrator (usually an
outside engineer or architect), or the City Engineer. The City
Councilmembers (and city Attorneys) are usually not technically
capable, or have the time or interest, to make such determination.
Yet it has been our practice to have the Council acknowledge
the completion of the project and accept the work product, often
when they have not had the opportunity or expertise to inspect the
project.
Such practice is not legally required. In fact, my
predecessor had recommended the delegation of this function to
staff. Such is my recommendation also.
Imolementinq Resolution.
The second attached resolution delegates to the City Manager
the acknowledgement of the completion of public works projects, or
other works of improvements, to the City Manager, or his designee,
who shall exercise same upon his determination, in consultation
with the Director of Public Works, that the work of improvement has
been completed according to the bid specifications, and upon making
such determination, is authorized to approve budget transfers or
appropriations, not to exceed 10% of the contract price, or
$20,000.00, whichever is lesser, to finalize the project; and to
authorize the release of all or any portion of the retention
payment that he shall determine is just.
Upon exercise of such authority, the city Manager is required
to provide an informational memo to the City Council indicating his
exercise of such authority.
Fiscal Impact:
Some incalculable cost savings are to be expected from these
actions.
Attached:
Examples of Amicus Curiae requests, Exhibits A-1 and A-2.
agenda5.wp
January 17, 1991
Agenda Reduction Program
Page 5
za-S'" / ~()-8'
MCCUTCHEN, DOYLE, BROWN & ENERSEN
COUNSELORS AT LAW
SAN FRANCISCO
1331 NORTH CALIFORNIA BOULEVARD
COSTA. MESA
LOS ANGELES
POST OFFICE BOX V
WASHINGTON. D.C
SAN ,JOSE
WALNUT CREEK, CALIFORNIA 94596
SHANGHAI
TELEPHONE (415) 937-8000
TAIPEI
WALNUT CREEK
FACSIMILE (415) 975-5390
January 4, 1991
Invitation to Join Amicus Curiae Brief
Ewinq v. City of Carmel-by-the-Sea
Our File No. 72100-004
Dear City Attorney:
As you may know, the trial court decision affirming
the City of Carmel's power to limit short term rentals in
residential neighborhoods has been appealed. We are preparing
an amicus curiae brief defending the challenged zoning
ordinance at the request of the City of Carmel. The brief must
be filed no later than January 28, 1991.
~ The Legal Advocacy Committee of the California League
of Cities has found that this case presents a litigable issue
of major significance to cities and recommended that the
League's Board of Directors issue an invitation to member
cities to join in our amicus brief. The Board will consider
this issue at its next meeting on January 18, 1991.
The brief will defend the police power of cities to
regulate commercial activity (i.e., rentals of less than 30
days) in neighborhoods zoned for residential use. In
anticipation of the League's Board issuing the invitation
recommended by the Legal Advocacy Committee, and because of the
short time remaining before the brief must be filed, we ask
that you consider now if your city will join in the brief.
Please contact me or Ann Danforth at (415) 937-8000 or
Tom Wood in our Costa Mesa office at (714) 668-1060 at your
earliest convenience with your decision and any questions
relating to the case. Thank you in advance for your
consideration of this issue.
P-Z'Y.~
D"'.~~t'n. J',
ARC: hahll
08509
cc: Joanne Speers
Thomas C. Wood
Ann R. Danforth
EXi1(Y11L P OF 4;',11 t.V) !!tJ~4ff 12e~1J!7t'/
fJ -I zO - (p
LAW OFFICE-S
FREILICH, STONE, LEITNER 8 CARLISLE
IN MISSOURI
KATHERINE E. STONE. P.C.
BENJAMIN KAUFMAN, P.C.
DEBORAHJ FOX. PC.
MARGARET A. SOHAGI
'" .."'..........,RS...'.. O~ "RO~ESS'ON"''- CO....OR"'...'O...s
F..EILIC.... LEI......E... CARLISLl: & S...ORTLIOGI:
1000 "LAZA WI:ST. 4eoo MAOISON
KANSAS CIT...., MissOURI e4112-3012
...I:LC.....ONC ISlel sel-_'4
WARREN J ABBOTT
OF COUNSEL
THE WILSHIRE LANDMARK. SUITE 1230
11755 WILSHIRE BOULEVARD
Los ANGELES, CALIfORNIA 90025-1518
TElEPHONE
(213) 444-7805
R081:,.T H. ~RlI!:lLICM. '" C. ,~..
MARTIN L. L!!:ITNII!:l'I. "'.C. '
RICMARC G. CARLISLI!:, .. C. '
NI!:IL I'll. SHOI'llTLIOGII!:. "'C. ,.~
STII!:PMI:N J. MOOR It. PC. '
$TI:PHII!:N.. CMINN, ".C. '.'
TEl'll"'.... C. MORGAN. !'!C. ..,
"II!:TII!:R A. SCMLI!:SINGI!:R ...0
SUSAN P SCHOI!:TTLI!: '.'"
S. MARK WMITI: '..
RIC",ARC W. GUMM '-~
TELEFACSIMILE
(213) 477-7663
November 15, 1990
,",OIolITTCO IN "0' KS."Y' co'" c....
n'. OR' ..c. ...... ,,-'"
All City Interested city
Attorneys and County Counsels
Re: Lesher Communications v. City of Walnut Creek
civil No. S012604, Court of Appeal No. A037865,
Contra Costa SUDerior Court No. 28115
Dear Colleague:
The Supreme Court has scheduled oral argument in Lesher
v. Walnut Creek for December 4, 1990 at 1:30 p.m. at the Edmund
G. Brown Building, Van Ness Avenue at McAllister street, in San
Francisco.
~ _ If~haven't yet joined the Leaque of california
~ies sponsored amicus brief that I wrote it is not too late.
This case concerns the role of local government in land
use planning. Petitioners would have this Court involve itself
in local policymaking and argue that state general plan statutes
require the local legislation adopted by initiative be declared
invalid when passed. Amici argue that the statutes do not
require such a drastic remedy and that the courts are without
power to fashion such a remedy.
Please call me or Linda Eckrosh if you would like to
join the brief or receive a copy of our brief.
yours,
KATHERINE E. STONE
of FREILICH, STONE, LEITNER & CARLISLE
KES/CTY.CNTY.LTR.:SJ
70129.003
t:;".-fMl/l/T {)r tf/JtJllJtl5 t!tl~/Ae- Ke&JJ~T
IJ--~ zo"7
RESOLUTION NO. 1~33
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY ATTORNEY TO
PROVIDE AMICUS SUPPORT, WITH INFORMATIONAL
MEMORANDUM TO THE COUNCIL
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, in pending litigation throughout the state and
nation involving or affecting cities, important principles of law
are established as precedent which can erode or supplement the
authority of a City to govern; and
WHEREAS, it is the typical practice that cities who are
not parties to the litigation, but will be affected by the
outcome, get permission from the pending court, and select a
brief writer to submit a "friend of the court" brief; and
WHEREAS, the past practice of the City Attorney's office
has been to solicit the authority of the Council to permit the
City to support an amicus curiae position; and
WHEREAS, soliciting Council approval is time consuming
in light of the current case load and thin staffing; and
WHEREAS, without having to prepare a council agenda
statement, the City Attorney can quickly review a request for
amicus support from a legal perspective, and determine, from his
knowledge of the needs of the City, that it would be in the best
interests of the City to support or not support a request; and
WHEREAS, there is no cost to the City to have the City's
name placed on amicus curiae briefs, and no risk to the City for
attorney's fees if the participant in the litigation loses the
case.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby authorize the City Attorney
to pledge the amicus support of the City of Chula vista, which
would include permitting the City's name to be used in support of
an amicus curiae brief, and when the time and resources of the
City Attorney1s office permit, as the City Attorney shall
determine, to author amicus curiae briefs, upon a determination
by the City Attorney that the cause supported by the amicus brief
will advance an important principal of law from which the City of
Chula Vista will be able to benefit as a municipal authority.
1.,o-'f
-1-
BE IT FURTHER RESOLVED that the City
provide an informational memo to the city Council
fact that he has exercised such authority.
m7J:~PP
Bruce M. Boogaard,
84l2a
ved as to form by
~
ty Attorney
'lfl-fO
-2-
Attorney shall
indicating the
RESOLUTION NO. /~()3tj
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORI ZING THE CITY MANAGER TO
ACKNOWLEDGE COMPLETION OF PUBLIC WORKS
PROJECTS AND WORKS OF IMPROVEMENT, WITH
INFORMATION MEMORANDUM TO THE COUNCIL
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, street construction and widening projects,
sewer replacement projects, park construction projects, public
building rehabilitation projects such as the police station, and
parking lot improvements are all examples of "Public works
projects"; and
WHEREAS, after the Council has
specifications for Public Works projects, selected
wi th a bidder, and the work of improvement is
constructed, it is incumbent on the City to reach
the work of improvement is finally complete; and
approved bid
and contracted
supervised and
a decision that
WHEREAS, the determination of completion requires a
technical comparison of the bid specifications with the as-built
project, a matter usually within the realm of the contract
administrator or the City Engineer; and
WHEREAS, it has been the City's practice to have the
Council acknowledge the completion of the project and accept the
work product, often when they have not had the opportunity or
expertise to inspect the project; and
WHEREAS, such practice is not legally required and in an
effort to shorten the length of the Council agenda, it is
recommended that the City Manager be authorized to acknowledge
completion of Public Works Projects, and make minor finalizing
budget appropriations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista does hereby delegate to the City Manager,
or his designee, the authority to acknowledge the completion of
Public Works Projects, and upon making such determination, is
au thor ized to approve budget tr ansfer s or appropr ia tions, not to
exceed 10% of the contract price, or $20,000, whichever is
lesser, to finalize the project; and to authorize the release of
all or any portion of the retention payments he shall determine
is just.
BE IT FURTHER RESOLVED that the City Manager shall
provide an informational memo to the City Council indicating his
exercise of such authority.
Approved as to form by
~
~
'ZD ./1
Bruce
8413a
d, City Attorney
AGENDA STATEMENT
Item .-2.L
Meeting Date 1/22/91
SUBMITTED BY:
Report Regarding Enforcement
Chula Vista 0. ~
City Attorney ('OW
of Movie Ratings in the City of
ITEM TITLE:
(4/5ths Vote: Yes No X )
Council Referral No. 2207
At the Council meeting of December 4, 1990, Council requested that staff
review the current enforcement efforts regarding movie ratings. This request
was prompted by a letter from the City of La Mesa which urged that Council
send a letter to all local theaters requesting their enforcement of movie
ratings.
RECOMMENDATION: The City Attorney recommends that no further action be
taken at this time, and the the referral be removed from the Council Referral
List.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The City does not currently attempt to enforce the movie ratings.
All three of our local theatres (Fiesta Twin, Vogue, UA6) has informed us that
as a policy they attempt to follow movie rating guidelines. None shows
X-rated movies, and none has yet shown a movie rated NC-17 (although two
indicated they might, but are not likely to do so). All three admitted that
there is difficulty "enforcing" the R and the PG-13 ratings. Each said it was
their policy to question theatregoers not accompanied by an adult whenever
they appeared to be too young for the movie being shown. Two theatre owners
indicated it was rare that a parent would complain about their having allowed
a youth to see a particular movie; it was more frequent that a parent would
complain because their child had been denied access to a particular movie.
Movie ratings have been established by the movie industry to provide parents
with some guidance to help them determine which movies are appropriate for
their minor children in an attempt at self-regulation. Movie ratings do not
carry with them the force of law. There is no state statute or City ordinance
that allows for mandatory enforcement of movie ratings.
Municipalities should proceed with caution in this matter because any attempt
at regulation runs the risk of violating the free speech provisions of the
First Amendment. The City Attorney is unaware of any citizen complaints
regarding the type of movies shown at local theatres or the lack of
"enforcement" of movie ratings. We thus conclude that no further action need
be taken at this time.
FISCAL IMPACT: None
840la
;2/- (
COUNCIL AGENDA STATEMENT
ITEM -Z:Z'"
MEETING DATE 1/22/91
ITEM TITLE:
Report on the progress in applying for a grant from
the California Library Construction and Renovation
Bond Act of 1988 (proposition 85) and review of the
conceptual plans for the 35,000 square feet library
at Fourth and orange Avenue as presented by the
architectural firm of Wheeler, Wimer, Blackman and
Associates.
SUBMITTED BY: Library Director~
REVIEWED BY: City Manager :1'
BACKGROUND:
(4j5ths Vote: Yes___No~)
On January 25, 1990 the Chula vista Public Library filed a "Notice
of Intent to Apply" for funds available from the California Library
Construction and Renovation Bond Act. The Notice of Intent was
non-binding and briefly outlined a proposed 35,000 square foot
library in the MontgomeryjOtay Planning Area of south Chula vista.
The Library Bond Act provides seventy-five million dollars
($75,000,000) to local jurisdictions to assist in public library
construction. The Bond Act provides that these funds be awarded
on a 65% State and 35% local matching basis.
On August 16, 1990 the Council authorized Library staff to prepare
a pre-application and an application for California Library
Construction and Renovation Bond Act funds,and approved the
proposed Orange and Fourth Avenue park site for the library for
this application process. The council also authorized staff to
negotiate a contract with Wheeler-Wimer-Blackman and Associates for
professional design services.
The pre-application was filed November 21, 1990 (Attachment A).
Please note the Library, in filling out the pre-application, used
"South Chula vista Library" as the name of the project. Council
will make the final decision on the official name.
The California State Library staff evaluated Chula vista's pre-
application and ranked it number 15 out of 104 pre-applications
(Attachment B). This places Chula vista in the forefront to
receive a grant. The city Manager sent an information item to
Council regarding the Library's ranking (Attachment C).
The California Library construction and Renovation Board, a five
member board, consisting of the State Librarian, Senator Barry
Keene, Assemblyman Steve Klute, the State Treasurer and the
Director of Finance, will meet on January 22, 1991 to review and
t~...,
Page ~, Item ~~
Meeting Date Januarv 22. 1990
discuss the results of the preliminary applications and take action
on the amount of Bond Act funds to be allocated at each of the two
funding cycles (February 15, 1990 & July 19, 1991). The methods
to determine the number of projects to fund have not been
established.
STAFF RECOMMENDATION:
It is recommended that Council accept the conceptual plans for a
35,000 square foot library at Orange and Fourth Avenues as
presented by the architectural firm of Wheeler, wimer, Blackman and
Associates to be used in applying for a grant from the California
Library Construction and Renovation Bond Act of 1988 (proposition
85) subject to final council review and approval at their
February 5, 1991 meeting.
BOARDS AND COMMUNICATIONS RECOMMENDATIONS:
The Montgomery Planning Committee on January 2, 1991 accepted the
Negative Declaration issued by the city's Environmental Review
Coordinator and recommended the conceptual plans for the 35,000
square foot library as presented by the architectural firm,
Wheeler, Wimer, Blackman and Associates (Attachment E). The
Library Board of Trustees and the Parks and Recreation commission
on January 9, 1991 in a joint session, but taking separate action,
accepted the Negative Declaration and recommended the conceptual
plans (Attachment F).
The Library Board and Parks and Recreation Commission had the
opportunity for informal input during presentations by the
architectural firm in December. Some of the Boards and commissions
preliminary comments as well as comments made by city staff
(Engineering, Traffic Engineering, community Development, Planning,
Parks & Recreation and Building & Housing) were incorporated before
the final presentations to the Board and commission on January 9,
1991.
The Design Review Committee had the opportunity to discuss the
conceptual plans on January 10, 1991. Comments were favorable and
without serious criticism of the ideas used to outline the
building. The exterior color elements were viewed favorably.
Concern was expressed over the window treatment, lack of views to
the outside and possibility of graffiti problems. The Committee
was reminded that the models and drawings were only preliminary.
Final construction drawings will be presented to the Design Review
Committee if the grant is awarded.
Z. t ...l,...
Page -1-, Item
Meeting Date Januarv 22.
'tt.
1990
DISCUSSION:
To submit the application the architectural firm has prepared
schematic plans for three elements. These three elements are the
site plan, floor plan and elevations. To illustrate these
elements, presentation boards and a model will be shown to Council.
These designs are conceptual only. If the grant is awarded, the
final plans will be presented to Council for approval.
A. The site Plan. This plan shows the placement of the
building on the lot to provide high visibility and impact
from the street as desired by the State Library. The
required number of parking spaces and the location of the
parking lots are also shown. Landscaping, walkways and
passive park areas are suggested on the site plan. The
building will be placed as far north as possible away
from the power lines as directed by Council. The land
under the SDG&E right-of-way cannot be shown as part of
the site, either for parking or park use, because the
City does not own it. This right-of-way could be used
in the future through an agreement with SDG&E.
B. The Floor Plan. The conceptual floor plan is a result
of the building program written by staff that defined the
square footage needed for each function in the building,
i.e., the children's area, the meeting rooms the
circulation desk and workroom. The architects outlined
the spaces and the relationships between the areas which
would make the building both functional and flexible.
C. The Elevations. These are preliminary concepts. The
architects have been concerned that the building
harmonize with the community and not appear to be of
overwhelming size. A 35,000 square foot building is
large in the context of the present buildings in the
Montgomery area.
Normally, citizens groups or Council do not see the plans at this
conceptual or schematic stage, but see a more finished product.
The State grant requires only conceptual plans. Designing only to
this stage is less expensive than working through the final
construction drawings. If the Library should receive the grant,
then construction drawings would be developed which would in turn
be reviewed by the appropriate boards and commissions and approved
by Council.
The final application form and the supporting documents including
the Negative Declaration of environmental impact will be presented
to Council on February 5, 1991. Council will be required by the
t.'t..."J
Page ~, Item l,:'Z.
Meeting Date Januarv 22. 1990
Final Adopted Bond Act Regulations to certify the project budget,
the commitment of local matching funds, the availability of local
funds when needed to meet the project's cash flow requirements, the
accuracy and truthfulness of all the information and a commitment
to operate the completed facility.
Fiscal Impact:
If the grant is successful, the total project cost is approximately
$12,000,000. The final project budget will be presented for
Council approval on February 5, 1991. The $12,000,000 includes
land acquisition, site preparation, building construction,
furnishings, equipment and books.
For the Pre-application the total project budget was:
Total
$11,283,317
Local Match (35%)
state Match (65%)
3,949,161
7,334,156
The grant will not pay for:
Books
Equipment
Total
$500,000
216.000
$716,000
$11,283,317
716.000
Submitted Budget
Plus Books and Equipment
TOTAL PROJECT
$11,999,317
Community Development has identified a possible $4,053,000 toward
funding the project from CDBG for land acquisition and related
costs. The remaining books and equipment money can be covered by
Development Impact Fees.
The annual operating budget will largely depend on the number of
hours the new library is open and ranges from $1,498,000 for seven
days a week to $950,000 for five days a week.
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r ru.,-iU" r LIL-A l1U N
ATTACHMENT "A"
FOR
CALIFORNIA LIBRARY CONSTRUCTION AND RENOVATION BOND ACf FUNDS
APPENDIX I (To SectIoa %0420 (el)
Administered by the California State Library: Gary E. Strong, California Stale Librarian
Tbe pre-application shall be received by the Bond Act Fiscal Omcer, or that omcer's designee, at the
following location by 3 p.m. on November 21, 1990:
Callfornia Stale library
Ubrary a Coarta BaiId.inK
Fis.caJ Senicea . Room 215
914 Copllol Moll
Sacnmealo, CaIIIornla 9S81C-4ll77
The applicant 1ca.1 jurisdiction pun;.uant to the Education Code, Tille I, Division 1. Part 11. Chapter 11, Sections 19950-19981 and
Tille 5, Division 2, Chapter I, Sections 20410-20426 of the Callfomia Code of Regulations., hereby makes pre-application [or a state
matching enOl (or Jhc construction or remodeling of tbe public library facility described berein:
PROJECT IDENTIFICATION
OFFICIAL NAME OF PROJECf: ~
SOUTH CHULA VISTA LIBRARY
1YPE OF APPUCANT: ~ City: [i]
County: 0
District: 0
City/County: 0
N.A.
Joint Powers Agreement (JPA): ~
(If applicable - specify names of pania)
GRANT APPUCANT: ~
CITY OF CHULA VISTA
ugal name of jurisdiction that will own building
GREGORY R. COX
Elected Omcial: ~
Mayor, Chairpencn of Board of SupelVisors, Head of Special Distnct, authorized to sign the pre-application
Title: ~
MAYOR
(619) 691-5044
Phone: ~
Address: ~
276 FOURTH AVENUE
CHULA VISTA, CA 92010
For JP A Projects Only
If applicalion is by a JP A applicant, provide the elecled official of the second parry.
Elected Omcial: ~
N.A.
Mayor, Chairperwn of Board of Supervisors, Head of Special Distnct, authorized to sign Ihe pre-application
Title: ~
N.A.
N.A.
Phone: ~
N.A.
Address: ~
U\lIT CO\l\lE'>'TS TJlROl'GIIOL'T TIlE E'TIRE FOR\l TO SPACE PR0\1DED D'LF.'S OTlIER\\1SE STATED, LI\flT TIl'E
SIZE TO ~o SMALLER TlIA'I; 11 POISTS. A..,"O 12 PITCH (EUTE) WITH ~O MORE TIIA.'l 6 USES PER I~CIt.
ATIACII\lB'TS Sll<LL ~OT BE ACCEPTED t:~lESS REQVIRED BY REGt:l.ATIOS OR CALLED FOR OS TilE
PREAPPLlCATIO~' fOR.\I.
est.-BA }OR.\1 I (1 UI/90)
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LIBRARY JURISDICTION: .
CHULA VISTA PUBLIC LIBRARY
Legal name of library that will operate the service in the building
Ubrary Director Name: .
ROSEMARY LANE
Title: ...
LIBRARY DIRECTOR
Phone: ...
(619) 691-5167
Address: .
365 "F" STREET
CHULA VISTA, CA 92010
PROJECT EVALUATION DATA
GROSS SQUARE FOOTAGE:
The current gross square footage of the existing public library(s) being replaced is:
.
1,720
SF
(If there is no existing facility, enter "0")
At completion of the project, the total gross square footage of the proposed public library building will
be:
.
35,000
SF
STANDARD METROPOUTAN STATISTICAL AREA (SMSA):
Is the proposed site for the project located in a Standard Metropolitan Statistical Area (SMSA)?
Yes [i] No 0
DISTANCE TO NEAREST EXISTING PUBLIC LIBRARY FACILITY:
(For putposes of this distance determination only, a "public library facility" means a building of
1,400 square feet or more providing direct public library service.)
Number of miles to the nearest existing public library facility other than the library facility(s) being replaced
by the proposed project:
~
2.2
Miles
(provide mileage to the nearest 1110th of a mile by dri\;ng the distance in an automobile from the
proposed site to the nearest public library facility, regardless of what jurisdiction the public library
is located in.)
Name of Nearest Public Library Facility: ~
OTAY MESA BRANCH, SAN DIEGO PUBLIC LIBRARY
Square Footage of Nearest Public Library Facility:
10,000
SF
~
OFFICL\L !'."A.ME OF PROJECT: ~
SOUTH CHULA VISTA LIBRARY
Page 2
CSL-1lA YOIU4 I (llJl}9O)
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NUMBER OF SQUARE IIfiLES IN THE PROJECT SERVICE AREA:
Number of square miles in Ihe project sel\ice area:
8.5
..
SQ Miles
LIBRARY PROJEcrS SERVICE AREA 1990 POPUlATION: ..
56,167
LIBRARY PROJECT'S SERVICE AREA uno POPUUTlON: ..
80,469
AGE OF THE EXISTING PUllUC LIBRARY:
When was Ibe existing public Iibrar)" building, ...'hicb ...ill be replaced or improve<! b)" Ibe propose<!
project, inilia1J)" built?
..
1974
Year
(U propose<! project ...illreplace more Iban one building, list Ibe oldest of the buildings,)
(If there is no existing facili!)', enter 'D')
COJ'mmON OF TIlE EXlSTII'G PUllUC UBRARY:
\\"hen ","'as the most recent structural renovation or
expansion of the existing public Iibra!)' building?
1974
..
Year
(If propose<! projecl ...ill replace more Ihan one building, list Ihe most recent acti\it)" for
any of Ihe buildings.)
(If Ihere is no existing facili!)', enler .0')
ELECTRONIC IJ\TORMATION DELIVERY ID.TrS: (public use uniL' only,)
For Ihe purposes of Ihis section, 'electronic information delivery unit;" means computer lerminals, CD.
ROM readcrs, microcomputers, computer printers, photocopy machines, fa",imile machines, minicomputers,
aUdio.'isuallistening or vie"ing unit;, microform re<lders and reader/printers, 1DD units, do"nlink sate1Jne
dishes, and CATV monilOr/luner> de<!icate<! for'lhe use of lhe public,
Number of elutronic informalion delive!)' units de<!icate<! 10 public use 10 be house<! in Ihe propose<!
projul, and spoofied in the projw's building program and furnishings and e<juipment budgel:
MEETING SPACL (Fuelic lL'C 'pact onl))
..
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VniLs
For purposes of thi.' ,c.clion, 'meeling 'pact' meam community me.cting spac.c, conference spau, quiel stud)
space, lilerac)" training 'pac.c, children', slOry hour spau, theatres, and multipurpose spa"" dedicate<! for Ihe
use of Ihe pubhc,
Number of 'quat< ft.cl of mC<I;ng spa"" dedicated to puelie me to be hOlL'cd in the propo,ed project, and
Sp".clflcd in thc proJecl" building program
4,880
..
Sf
OITICl"-L J\....,]J: OJ PIWJl.lL ..
fO~':~~ C~~~Lh \']~T;l L]Br~RY
r.gl 3
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CHA.l"GIl'\G ~Ol'\CEJ'TS IN PUllLJC LIBR.ffiY SER\'lCE
Dc..a-it< bCHo lhr- prcpc:a.o:! projCCI ..il! n:spond 10 c:.han,in. c::onccplJ in pOlbllr librat)" I-Cf'icr
Located four rr.i les from the lnternational ~~d...r~h.. Mexico, the
South Chula Vista Library will be a facility conceived and dedicated to
a bi-national, bi-cultural concept of library service. The prominent
location of .the 1 ibrary, adequate off str~~__~22.!:..!:..!E.g2!!.~.~~_.desisrL that
incorporates the best elements of contemporary Mexican architecture will
signal a ne'" era in library identification and access for residents of
the newly annexed Libra1:Y Service area. A-15i"li1'f~UaT-snrrr1O.-T1.1' greet
the visitor, extending an invitation to use the resources of the
library. The library user will have access to the latest media and
electronic ffjformat,ion resources as well as a book collection ,,-hich
emphasizes Spanish language materials. Space in the entry and elsewhere
throughout the building will allow the library to present quality
displays of contemporary Kexican and American arts, crafts and
archeological artifacts from such sources as the Ce.n.t.IQ,,,Culturale in
Tijuana, the Smithsonian and local museums.
A special corr~itment will be made by the library to help residents
\,,'ith practical solutions to daily problems.. A trained staff of
professlonals ,,'ill not only utilize the bi-lingual rr,aterials collection,
but also use computer and CD ROK databases to help those wishing to
improve job skills, develop career ladders, or advance their education.
As the home of the Chula Vista Literacy Team, the library will also
provide one-on-one assistance to those wishing to improve their reading
end ,,'riting skills. A public COlT,puter-interactive video lab will allow
many users to become computer litErate or provide convenient and free
access to COlT,puter workstations to those already kno,,'ledgeable. Fax
machines end a soon to be installed home/office comp"tel'"j."terface ,dth
the 1 ibrary '...ill insure s,,'ift delivery of information, especially for
business, industry, and the nearby maquiladoras. ~uch of this activity
will occur in the Technology Users Center. ,,'hich ccn aptly be described
as the nerve center for public access to electronic informetion.
Children will benefit enormously by their ability to eesily access
the outstandinc collections and services which have lona been a hallmark
of the Chul a Vi sta Publ ic Library. The chi 1 dren's c~ea ,,'i 11 be of a
u-~-ique OE:si9n, rr,elding the best of children's 1 iterature ,,'ith the rr,Gst
Useful cU010 visual and ,carr,puttI technology rescurces. f.. story tirr.e
aree "'ill provide e special place for the bilinqual staff to assist the
~oEtl}' 5rbnish spEaking children ~ith English language skills.
Sirrilarly. young adults .,,'il 1 enJoy an area of their o"'n with
attracti ve bro,,'sina creas fil led ,,'ith collections recocnizing current
youth interests cn-d pre~ented in a variety of 1 anguage-s matching the
ethnic dJ\'ersity of this seg,",ent of the population. both audio visual
ond print rr,ater.lals "oill be inc1uol2c. Study rOOJT.s ",:ill bE- provIdea to
aCCOJTI:.:ocote E:T,c: 11 group study.
!-'.tE-tin? facilitle~ ",'ill inclucE: a lrr SEct r,cEtins: rooT" and an
c>:hitJt1C:-; t,c]J fer loC'c] ere trcve].ln~ cisrlcys as \"'cll i:.E i:. 2~ S(2t
C(,r;:cIE-nC'( r(;0~. 'ThE Jlt'IE:IY ""ill bE' OE-signE-a so that lcycn.;t, lic;htln~,
fUrnJtuI( anc fi>:tuTf-s pro\'ioe a vit'lent dno \"'E-lcoi:":ing eo\'ironr..Ent for
the dl \'E-r~E- .5c,uth Chulc Vlste CD17.;;:unity.
The creatlon cf South Chula Vista Librery I,j 1 1 be a UCdgce
opportL:nJty to ere'.,; frc,r. the rich cultural heritaoe cf the larcE
H ] s ~ 6 fJ i c - ;, ;- (, 1 i c- c n p (. p 'J 1 a tic n r €" s j C ] n C ] nth f' S ( r \' i c (- are 0 . '1 hi!:
utjr~ti\'c ....ll] cr]\,c" thc l:..:j]cjr'l? e,f re]C\'c.;}t ce,]l(-'ctje'ns 2no $fr\')CES
"":-IJC:, \';J j] tE- nFt.....Gr keD e,r; re:;;lo;jal, stotc, end i ntr:r net ione] J P\'El~ onj
ri~;]lflCc:JtJy t'(:JE-f)t [')-culturel cO:--.:-unlti{:-s thre,uc:;hoL;t the ~tote.
OlTICIAJ.. ~''''\l[ or I'RClJITT: .
cc)L"7H CW'Ll, VJ ST;, L1EF:.O.RY
hr.4
a:.--l..6. t\,1L1t,( J Ol'l''''I(,
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3
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J\'EEDS ASSESSME1\T
Eh;cl"t) CSea.cribc- .t.) ltor p:"'O~ projen II beeded. 8nd .ht de"f'"tt 10 ...bich ci1u.eTIJ, coc::mOlnif) o'll!t,wlioru .n~ Ioal .,rneio
Jloll"'\IC"lp,lI~ ill Ibr drlt:n:r.ination of the II~ SloIm:t:lT'iu P"Y'i~1 b:ihl) and IoCrvicr LmiUltioru, popd.tior. J'TU'0'01.t" C'h'~;inl
dCClOp-1.p~,tC d-.Il"a:teruila, Cle.:
On December 31, 1985 the City of Chula Vista annexed the former
Montgomery Fire District and instantly acquired 23,3C0 new
residents in south Chula Vista. The Montgomery Planning Committee,
a citizens' advisory board appointed by Council, has lobbied
strongly for a library as the focal point of their new community
identity. A total of five community groups has been in\'olved in
arriving at the concept of the South Chula Vista Library. These
are the Library ~aster Plan Committee, the Site Selection
Co~rnittee, the MDntgDmery Planning Committee, the Library BDard of
Trustees and Chula Vista 2000 Task Force. The latter held a publ ic
meeting outlining 44 civic improvements. Two hundred citizens
voted an-d new libraries tDok the top two Spots. Three published
dOCuments support the need for new libraries: The Chula Vista
PUb2.lE Library ~aster ~~, (hpr' 87); ~ SeleCITon for-TI<;D I\e..'
1'Ubl1c Libraries, (Jan'b8); and Summary Report of Chula Vista 20ee
Corr'''-,uni ty Task Force, (hpr'90).
Previous to annexation and afterwards under contract, the San Diego
County Library operated tWD small branches in leased space in the
Montgomery area. The City began operating these small branches in
July '69 in the same leased space. One library is l,72C sf and the
other is 6e0 sf, a total of 2,320 sf. The present per capita ratio
of library space is .e4 sf.
The South Chula Vista Library service area, four miles nDrth of the
Mexican bDrder, presently has an estimated 56,167 pDtential library
Users, of which 36.7% are of Hispanic origin. The anticipated
PDpulatiDn of the area in 2010 is BC,50C Dr a 3Ct increase.
Eighty-three percent Df the students in schDols closest tD the
library site are Hispanic. The schDDl district repDrts the sDciD-
econorr,ic level Df these students' farrilies places them in the
lowest 20th percentile in Cali~Drnia. This school-aged pDpulation
1S alsD one in transit,iDn frDm Spanish to English. The school
officials indicate that children require bilingual instructiDn for
3-4 years before being able tD enter classes taught in English.
h r,e... full-service library is needed by these students and their
pErE~ts tD make the transItion tD hITErican citiZEnship. h new
fEci] ity, I<."r,ich can be DEsicnED to conCEontratE on SErvices to this
bl-natier,al, bi-cultural f,epulation, including literacy, is an
o~'\'icus neE-d. For this reasDn, the Chula Vista Literacy 'Tearr, ..'ill
OpErate fro~ the ne~ Jitrar}'.
omn...L I\~\l[ or r~oJ[CJ: .
o,OL'TH CHL'Ll: \'151;'. LJ EFV,RY
}'-rr ~
~J'1.n.~I(lt....."",;
~l-C;
,2,
3
~
S
6
7
8
9
]0
11
12
13
]4
]5
]6
17
]8
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20
2]
22
23
24
2S
26
27
28
29
30
31
32
33
34
35
36
37
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39
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j'j{UJt.U .llUVGl:.!' ESTIMATE
11,283,317.00
Eslimated _Total Elij;ib!e . Project Com:
- , -... - . ,
.$
Local Malch (35'7<):
3,949,161.00
~s
State Maleh (65%):
7,334,156.00
. S
APPLICATION TIMETABLE
During _"'hieh funding allocalioncyele d~ the applicant intend to apply?
'a F;~ICycl~
o Second Cycle
SIGNATURES
The panies below attest to and endorse Ibe accuracy and truthfulness of Ihe pre-application for California Library
Construction and Renovation Bond Act funds, II h funber IlDderslood Ihat this pre-application h Ilot binding, but
is Il=r)'to Obtain Ihe State Librarian'~ JlOlific:ation of the compelitiveness of the proposed project.
UBR~ In' nIREC"TOR '
----~- - _. --
I hereby affirm that the libra!)' jurisdiction, for which I am the administrative aEent, h aware of the pre.application.
~ VS.. n - . \.---. &:>. November 14, 1990
'I&n>'"" I Do"
..
Rosemary Lane
"'am. (Tn><)
Tllk (Tn><)
Director
.
omCIAL Of mE APPUCA."'T LOCAL JUR]SDlCTlOl'\
(Loca! pcllC)-I~1 .enc:nl ,oo."CrnmeDlAl official, c.z. ct)' II:I.ItI.llt'r, mayor, adminu.tnlOr Clc.)
I here'to~rm that the]
..
1 ju " inion, for which I am a governmental official, h aware of the pre.application,
November 15th, 1990
.
S~n.aIUrt
D."
..
Gregory R. Cox
Ilayor
.
"'om< (T ll" )
Tllk (Tn><)
<13
4.1 for JPA ProJtrt., Onl)
4'. II prr-',?!Iuli;:.r, u l") a JJ'A a"t'lICAI'lI, pru-.ldr the cJecled O!TIc:ioi! o~ the aecnnd parT)
4[,
4, OmClAL or ml: AJ'PUCA', LOCAL n'RlSDlCTlON
4, (Loc::l;' p..,IIC)-Jn'cJ lencf1l~ l","crna-.cr.u1 oIT,o.",l, ~." of)- Il:al'ialer, ma)'or, adallniJlrJlor elt)
4~
5:J J hereb) affJrm th" the locol juri'dinion, for "tict I am a govemmental official, L' aware of the pre.application,
51
~~
5:\
5~
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56
.
;';.A.
N.A.
.
Slj:naluN'
D."
" ..
.' . r~ .
N.A.
.
","UlH Onlot)
Till< CT)l><)
OmnA.L 1\A.'11: or I'RO]I:CT: .
50~'T\1 CP'1.'U, \'J 5':';'. LJFRl"RY
P.ft ~
cx:..,..&..A n:)I..'I.( I (lt1:"'Kj
')..2 ...1 /)
ATTACHMENT B
December 21, 1991
TO:
FROM:
The Honorable Mayor and City Council
John D. Goss, City Manag~
California Library Construction and Renovation Funds _
South Chula Vista Library
SUBJECT :
Attached is a letter from Gary Strong, California State Librarian, transmitting
the Proposition 85 Preapplication PrOject Profile Report. This profile
indicates that, among 104 applications for State Library Bond Act money,
Chula Vista ranked 15th among those applicants. According to a letter
which transmitted this report, all applications ranking between 1 and
26 were categorized as "Very Competitive." The transmittal letter makes
it very clear that this is a preapplication analysis, and that the final
application would be reviewed by the California Library Construction
and Renovation Board, who will make a final decision as to which projects
will receive the $75 million available for various projects. It is
clear that our chances are improving to obtain funding for this branch
library. '
J am proud of the work done by staff in preparing the preapplication
for this grant. Even though we have done well by being 15th among 104
applications, we are by far the #1 application from San Diego County,
and are #2 in Southern California behind a proposal by the City of Los
Angeles. More importantly, areas of the prf'application over which staff
has control, such as the Needs Assessment Narrative and the Changing
Concepts Narrative, were ranked extremely high in the overall competition.
The staff preparf'd Needs Assessment Narrative was ranked 3rd of the
104 applications, and the Changing Concepts narrative was ranked first
among all applications. In fact, the State Librarian's office has indicated
that our application will be used as an example for other proposers
as they finish thf'ir final applications. This demonstrates, at least
in my mind, that our Library staff did an outstanding job in preparing
the application and, without the outstanding work they had done on those
two narratives, our npplication would not be anywhere near as high as
it is curr~ntly.
This is transmitted for your information and, if you have any questions
or co",:ents, please let r,e knee,,'.
JCG:mcb
cc: Library Board of Trustees
Assistant City Manager
Deputy City Managers
Library Director
#17
2. 2. -1/
" \
"
CALIFORNIA STATE LIBRARY
UBRARY-COURTS BUILO!NG'. P.o. BOX 942837 . SACRAMENTO. CA 94237-0001
TElEPHONE; (916) .....5.2585
STATE UBRARlAN'S STATElIiENT OF COMPFIlTIVENESS
FOR
CALIFOR....'U UBRARY CONSTRUCTION AlIo"D RENOVATION FU1o."DS
December 17, 1990
Dear Prospective Applicant:
The State Library received 104 pre-applications by the November 21, 1990 deadline. Three pre-applications were
received late and unfonunately had to be returned to the applicants without evaluation. Your pre-application has
been reviewed and evaluated by myself and selected staff of the Library Development Services Bureau in
a=rdance with the evaluation process published in the October issue of the Calirornia State Librarv Nev.~letter.
The follo....;ng has been enclosed for each projut:
1) Project Profile Repon
2) Overall Ranking List
You may use the Project Profile to verify that lbe data sent to the State Library OD your pre-application form "''as
correctly entered into our computer system. Funher, you can use lbe profile to understand how your project
ranked on each of the evaluation factors, as well as find the total evaluation score at the bottom of the second
page, Remember the ranking range is from 1 to 104 "';th 1 being the top of the scale.
You may use the Overall Ranking List to determine how your project fared in relation to all other projects, You
can find your projUt by reading dov,l1 the list under the total score column until you locate the total score for
your projUI. Total scores ranged from a high of 4,793 to a low of 908 points. In terms of ascenaining the
competitiveness of your spe<:ific projut, use the follo....ing table which has divided the rankings into four equal
pans:
Cate~()r\' Rankin~
Very Compelili\e 1 26
Compelilive 27 52
Somewhat Compelllivc 53 78
Less Than Competitive 79 104
J rCITilnd you that the pre-arrlicatlon c\'alUalion is a sef\icc pro\ided by the Stale Lit-rar:- whieh W3~ rcq\Jc5led
b, a subltanlJa! numbet of prolpulJve appliwnLv during the development of lhe program I know that for man>
of you, your rank.Jng \loill be a di~arroinlmcnr, e.~pe.(ia\ly in light of the tremendQu~ need fur new and i:':;-;0\cd
put-lie linraT) space that i~ so e\1dt:nl tl.j~cd on the pre-applications surmlltcd.
22--1),
.'
The establishment of an evaluation process which supports the five essential factors for evaluation require<! in the
Bond Act has been difficult, I have me<! to make the process as fair and equitable as possible and also give you
a clear and honest picture of your competitiveness. As you know, 1 am one, and only one, of the five person
California Library Construction and Renovation Board who "'ill ultimately decide how to allocate the Bond Act
funds,
The total scores for the pre-applications and the resulting ranking list has been arrive<! at through the calculation
of many faClors and many houTS of staff time. However, it is very important for potential applicants to realize
that the pre-application process has a limite<! degree of precision, Since each pre-application has been evaluated
on a limite<! amount of data, it must be understood that oroiects mav ultimatelv Derform sil!11ificantlv better or
worse than their current standin2 on the Overall Rankin2 List.
For example, projects may do better during the evaluation of the final application if there is significant
improvement in the basic project data, such as changes to the narrative .Needs Assessment" and "Changing
Concepts in Public Library Service" sections. Potentially, changes in the nature and scope of the project could
also be made in order to make the project more competitive. In shon, competitiveness can be improve<! by the
quality of the final response,
A final evaluation of the merits of a potential project cannot be made until a final application with all supporting
documents is submitte<! for review and assessment. Potential applicants should assess their chances of sucuss
base<! not only on their performance on the Overall Ranking List, but also base<! on how they feel about the
potential quality of their final applicatioo documents. The choice to proceed with an application is entirely a local
decision that can only be made by the applicant.
Although an application may be submitte<! for any eligible project, 1 strongly encourage all applicants whose
project is either very competitive or competitive to submit an application for the Bond Act funds. At this
preliminary phase, these projects appear to most precisely meet the five factors require<! to be considere<! during
the evaluation of applications by Section 19966 of the Bond Act. Those applicants who feel thaI they can
significantly improve their application over the pre.application phase and are currently lisle<! as .somewhal
competitive", may wish to consider applying as well.
This Statement or Competitiveness Jetter provides you with my preliminary assessment of your prospective project.
The State Library staff has been instructe<! not to provide any further attempt at evaluating your pre-application;
however, if some aspect of Ihis response is unclear, do not hesitate to contact Mr. Richard B. Hall, Library
Construction Bond Act Manager, at (916) 323-5941. As you know, Mr. Hall ",ill be providing several technical
assistance workshops in January in an attempt to help prospective applicants successfully complete a final
application, Emphasis will be given on helping applicants improve their narrative for the "Needs Assessment" and
"Changing Concepts in Public Library Service' sections,
It is imporuml for all prospective applicants to know that 1 recognize that just because a project did nOl score
high on the overall ranking list, it does nOl mean that the project is nOI neede<! and not worthy of state or local
funds, Quite the contrary is the case, since 1 am comince<l that the majority of the 104 projects submitte<! are
in desperate need of funds and are very worthwhile projects.
In closing. 1 would like to lJlke this opponunity thank all who have gone to the time and effon of submitting a
pre.application, The tolJlI amount of SlJlte funds requeste<! was approximalely $3ZS million, This submission
confirms my belief that there are many unfulfllle<! space needs presenl in public libraries in the SUlte of CalifornlJ,
1 ",ish Ihat we could fund all of the projects. bUI as you know funds are currently limite<! to the $75 million
pro\lde<! by the 1988 Library Bond Act.
I hope you ",ill join me in making the current application process a success,
Sincerely,
/ r,rr
/1'/; 1:" Lh....'n..
Gar;. ':1Slron~ J
CalifornIa Stale Li~r<Hi3n
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negative
declaration
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ATTACHMENT C
PROJECT NN1E: Hermosa and Orange Avenue - Park Master Plan
PROJECT LOCATION: Southeast corner of Hermosa and Orange Avenues
PROJECT APPLICANT: City of Chula Vista - Parks and Recreation Department
CASE NO: IS-89-79
OATE: December 13, 1989
A. Project Setting
The proposed project site consists of five parcel s of approximately 9.85
total acres of land and is located on the southeast corner of Hermosa and
Orange Avenues in the Montgomery area of the City. The two northwestern
parcels of the site, one of 2.43 acre and the other of .67 acres, contain
three si ng1 e fami 1y resi dences, a small church, and a recreati on hall for
the church. The northeastern 2.95 acre parcel of the site is vacant. A
SGD&E right-of-way for high power transmission lines tranverses the
southern 3.80 acres of the site.
Surrounding uses include single family houses to the north, a mobi1ehome
park and an elementary school to the south, an apartment complex and a
storage lot to the east, and a mobil ehome park and SDG&E ri ght-of-way to
the west.
,
B. Project Description
The proposed park master p1 an i nvo1 ves the constructi on of a park, which
will contain a 35,000 sq. ft. library, a 10,000-12,000 sq. ft. community
center, a competition size swimming pool, picnic areas, open play fields,
a tot lot, a small amphitheater, a jogging path, and approximately 325
parking spaces.
C. Compatibility with Zoning and Plans
The proposed project comp1 ies with the City adopted County zoning of
RV-15, AVDS-94 in effect for the area as well as the general plan
designation of Parks and Recreation.
D. Compliance with the Threshold/Standards Policy
1. Fi re/EI,1S
The distance to the nearest fire station is 3/4 mile and the Fire
Department estimated reaction time is 5 minutes. The department will
be able to provide an adequate level of fire protection for this
project without an increase in equipment or personnel.
2. Pol ice
The Pol ice Department is currently maintaining
level-of-service based on the threshold standards.
an
acceptab~\Vt.-.
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city of chula vista planning department
environmental review section
CITY OF
CHUlA VISTA
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,3. Traffic
Provided that the applicant completes the widening of Hermosa and
Orange Avenues to account for intersection transition, installs
street lights on Orange Avenue, provides curb and gutter and
sidewalks, and possible moving of street lights on Hermosa Avenue to
the median, the project would not adversely affect the existing
levels of service on roads or intersections in the vicinity.
4. Park/Recreation
The Parks and Recreation department has determined that the proposed
project will not exceed adopted threshold standards.
5. Drainage
The Engi neeri ng Department has revi ewed the proposed project and has
determi ned that wi th the install ati on of curb and gutters and a
drainage system, the project will not exceed adopted threshold
standards.
6.
Sewer
#
The Engi neeri ng Department has revi ewed the proposed project and has
determi ned that by connecti ng a porti on of the sewer to an 8-i nch
sewer main located on Orange Avenue, the project will not exceed
adopted threshold standards.
7. Hater
The Sweetwater Authority has been notified and has not identified any
constraints to providing an adequate water supply.
E. Identification of Environmental Effects
1. Li ghti ng
tJo significant environmental effects have been identified in this
initial study; however, the additional lighting on the site could
potentially impact nearby residents.
Prior to project approval by City Council, the appl icant will be
required to show that the proposed lighting will not negatively
impact the nearby residents or will provide mitigation for the same.
2. Power Lines
Potential environmental concern regarding this project is the
location of the SDG&E high power transmission 1 ines on the southern
portion of the site. The health risks associated with energy fields
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of el ectri city are an ongoi ng topi c of concern and research withi n
the sci enti fi c community, however, there is no concl usi ve evi de nee
confinning that power 1 ines do in fact cause health problems in
humans at the date of this report. The Planning Department is aware
of thi s concer'n and is keepi ng updated on. the 1 atest research and
data available on this subject and does not feel that there is
conclusive evidence available to show this to be a significant
environmental impact.
3. Displacement of Residents
Although there will be approximately six people displaced by this
project, under CEQA guidelines, this does not constitute a potential
environmental impact because of the relatively small number of people
bei ng displ aced.
The City plans to purchase the properties at 341 Drange Avenue, 379
Orange Avenue, 395 Orange Avenue, and 1427 Hennosa Avenue from the
owners and has a legal obligation to assist the residents in finding
housing which is decent, safe, an adequate size, within their
financial means and is in a suitable location. Included in this
assistance to the residents, is payment to assist in carrying out
their move.
F. Miti ation necessary to avoid significant effects
1. Li ghti ng
No significant environmental effects are expected as a result of this
prOject; however, as previously discussed, the full impact of the
proposed lighting is not clear at this time. Should the impact of
the lighting be found to have a potentially significant effect during
the design review process, appropriate mitigation will be required.
2. Power Lines
To date there is no documented evidence confirming adverse effects on
humans from proximity to power 1 i nes; therefore, no mi ti gati on is
required at this time.
3. Displacement of Residents
Due to the relatively sr:1all nUr:1ber of people potentially displaced by
the project, no mitigation is deemed necessary. This potential
social impact is not considered to be significant since the City
plans to purchase the properties from the owners and the people that
will potentially be displaced, will be assisted by the City in
finding decent, adequate housing and also receive payment to assist
in carrying out their move.
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G. Findings of Insignificant Impact
Based on the following findings, it is determined that the project
described above will not have a significant environmental impact and no
environmental impact report needs to be prepared.
1. The project has the potential to sUbstantially degrade the quality of
the environment, substantially reduce the habitat of a fish or
wil dl i fe speci es, cause a fi sh or wil dl ife popul ati on to drop below
self-sustaining levels, threaten to eliminate a plant or animal
cOlll1luni ty, reduce the number or restri ct the range of a rare or
endangered plant or animal, or eliminate important examples of the
major periods of California history or prehistory.
The proposed park master pl an wi 11 not degrade the envi ronment or
curtail the diversity of the environment.
2. The proj ect has the potenti alto achi eve short-term envi ronmenta 1
goals to the disadvantage of long-term environmental goals.
The proposed park master plan does not have the potential to achieve
short-term envi ronmenta 1 goals to the di sadvantage of the long-term
environmental goals.
3. The project has possible effects which are individually limited but
cumulatively considerable. As used in the subsection, "cumulatively
considerable" means that the incremental effects of an individual
project are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.
The proposed park master plan will not result in any environmental
effects that are cumulative in nature.
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4. The environmental effects of a project will cause substantial adverse
effects on human beings, either directly or indirectly.
The proposed park master plan contains no environmental effects which
coul d cause adverse effects on human bei ngs, ei ther di rectly or
i ndi rectly.
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H. Consultation
1. Individuals and Organizations
.
City of Chula Vista: Roger Daoust, Senior Civil Engineer
Ken Larsen, Director of Building and Housing
Carol Gove, Fire Marshal
Shauna Stokes, Parks and Recreation
. Keith Hawkins, Police
Steve Griffin, Current Planning
Advance Planning
Lee McEachern, Planning Intern
Applicant1s Agent:
Shauna Stokes, City of Chula Vista
2. Documents
Title 19 Zoning, Chula Vista Municipal Code
Chula Vista General Plan
Chula Vista EIR
Thi s determi nati on, that the project wi 11 not have any si gnifi cant
environmental impact, is based on the attached Initial Study, any comments on
the Initial StUdy and any comments on this Negative Declaration. Further
information regarding the environmental review of the project is available
from the Chula Vista Planning Department, 275 Fourth Avenue, Chula Vista, CA
92010.
ENVIRONMENTAL REVIEW COORDINATOR
EN 5 (Rev. 3/88)/WPC 5987P
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A. BACKGROUND
PROJECT TITLE-1::lv-,-.,O'5o.. 'Y"lcJ Or",,;}... A~"vc,; ?",..f::.. "1" ~-kr Plev,
PROJECT LOCATION (Street address or descripti on) .<<;~; <+/..e.~; (;;;nU'"
ctl-(-ifI"OS,,- o-.rl ')(""3 <" AV/lv-f..S ""d Sbbf p~" _ ~st-___ 1:1"":'-'0,,,, 4<> [,
Assessors Book, Page & Parcel No. 1,,:J-,,-oIO-;'+,I<:",'<'" d.~,.;l'l,30 Av-<
3. BRIEF PR(\jECT DESCRIPTION't#:;"kOh;~ ":~_:';' ~:.~_:;"
ct ~ e;-t" "',,\Il";r;c, "9 H_____ 10" -_ _ "" __ _ _, , '~~.L\{u-I
L.o-f<hlU-, ,,;'" p.~1 P" ^' i ~o '. ^f"'^ r I.'J "". "'S. .k+ lot;;: :;:tc ;."...
4. Name of Applicant ('~~,...,f Uu~k... \!L.,t-c,.- ?N-I:s 7 f?H ~p_ JOjS'^:
Address :::r7l, HJc..r~ -A",-v.L:'-{__ Phone G "It -SO,l pOI'L,:
City Cl" dr. 'Ii ~t-<>-- State CA Zip <1 d-Ol 0 ~
tlame of Pre parer/Agent S hOVAc.... S+-ctLs
Address ~ ~ oloc\J-e ~
City State
Relation to Applicant ~Io~
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2.
5.
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FOR OFFICE USE
Case No. 15 -R?- 77
Fee ..,...--.
Receipt No. _
Date Rec'd ~~,~~
Accepted by ~.-p
Proj ec t No. 1"-.-+ <:./?.!:
INITIAL STUDY
City of Chula Vista
Application Form
Phone
Zip
6. Indicate all permits or approvals and enclosures or documents,
required by the Environmental Review Coordinator.
a. Permits or approvals required:
General Pl an Revi si on
Rezoning/Prezoning
Precise Plan
--- SpeCific Plan
--- Condo Use Permit
Va ri ance
-;
v1Jesign Review Committee v Publ ic Project
--- Tentative Subd. Map --- Annexation
~Grading Permit Design Review BDard
--- Tentative Parcel Map I../""Redevelopment Agency
~ite Plan & Arch. Reviel'/---
--- Other
b. Enclosures or documents (as required by the Environmental Review
Coordi nator).
Location l~aD
--- Grading Plan
~Si te Pl an
/Parcel r'~JD
~ Precise Plan
--- SpeCific Plan
--- Other Agency Permit or
--- Approvals Required
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Arch. Elevations
--- Landscape Plans
~hotos of Site &
--- Setti ng
Tentative Subd. Map
Improvement Plans
Soi 1 s Report
Eng. Geology Report
--- Hydrological Study
--- Biological Study
--- Archaeological Survey
--- Noise Assessment
Traffic Impact Report
Other
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1.
B. PROPOSED PROJECT
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land Area: .sq. footage or acreage /<), :;}O
If l~nd area to be dedicated, state acreage and purpose.
All LO"\r! cr(a... nv5t- ht' r~~,re.cJ -C(y pc.-U If hn-.::; I r-f C .f-c.c....{( f.r-<S
2. Complete this section if project is residential.
a. Type development: Single family Two family
l1ulti family Townhouse Condomi ni um
Number of structures and heights
~"_""L.~.'
b.
c.
Number of Units: 1 bedroom
3 bedrooms 4 bedrooms
2 bedrooms
Total uni ts
d.
Gross density (DU/total acres)
Net density (DU/total ac~s~nus any dedication)
Estimated project POPU1~~\~ ~
Estimated sale or renta~rice range
Square footage of fl oor area (s) _
Percent of lot coverage by buildings or structures
Number of on-site parking spaces to be provided
Percent of site in road and paved surface
e.
f.
g.
h.
i.
j.
k.
3. Complete this section if project is commercial or industrial.
a. Type (s) of 1 and use
e.
f.
b.
Floor area Hei ght of structure( s)
Type of construction used in the structure
c.
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d.
Describe major access poin\s ~ the structures and
orientation to adjoining pr6Q~ies and streets
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Number of on-site parking spaces provided
Estimated number of employees per shift
the
, NW"ber of
shifts
Total
g. Estimated number of custoClers (per day) and basis of estimate
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h. Estimated range of service area and basis of estimate
i. Type/extent of operations not in enclosed buildings
j. Hours of operation
k. Type of exterior lighting
4. If project is other than residential, commercial or industrial
complete this section. .
a. Type of project "Perl::... (Po<;S,IJI-e... Ld:m'::J :s I L.c
b. Type of facilities provided L\6cvt1 (r".........,"'-:J c'"t<:-. R'r-:,L -p....rk..
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c. Square feet of enclosed structures 3o-3<;";"e;-n-, ',-I- f- '0-1-=1, '~<,;, (:~d'!iJ
d. Height of structure(s) - maximum ""Two 5-h.'j clS"",\<"
- e. Ultimate occupancy load of project i } (\ (l DuJr.
f. Number of on-site parking spaces to be provided .'V 3-:1 S-
g. Square feet of road and paved surfaces -..J '-t 0<....-<:' 'S
C. PROJECT CHARACTERISTICS
1. If the project could result in the direct emission of any air
po 11 utants, (hydrocarbons, sul fur, dus t, etc.) identify them.
1-1'jr\,cc G-h-:D> -C-o"" iJu.l-o,""-Ob,'!-c" -V-()\rC..ll.~ +vl.frorr. .,;k
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2. Is any type of grading or excavation of the property anticipated Y-e;:,
(If yes, cOr;]plete the following:)
a.
Excluding trenches to be backfilled, how many cubic yards of
ea rth Y!i 11 be excavated? U,'\ l,,,,.,...,
~::'b<..J,I) .
Hall r:1any cubic yards of fill ~lill be placed? \,=,~,' I\.k,,\,-
h.
c.
HaY! much area (sq. ft. or acres) will be graded? t J '\ I( "' \.'( .'1
'..;hat "ill be the - r,1ax i mum depth of cut
Average depth of cut 'Y'
'1,'-'
11axir:1um depth of fi 11 \,)0
Average depth of fi 11
d.
2.'2 - 2. '?-
(
,
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3. Describe all energy consuming devices which are part of the proposed
project and the type of energy used (air conditioning, electrical
,appl iance, heat.~ng equipmen,t, etc. ):L~t bUil;'~~ ~;~ ~E?Lfn~f;' f;\ruCKdI
-4-..:p '~~~:<. o.\r :;~~d, ~O~j ~~~ ~t,__~. .~~"~ _ ~.I__~_0~,-:~r ~\k'-'
p"_r '''__''''''''___ 1 <~,_ _,___", _ ~_ , ,_, ~ ~_"'_
4. Indicate the amount of natural open space that is part of the project
(sq. ft. or acres) ;;>J-, '....
5. If the project will result in any employment opportunities describe
th, "'t"~ "d typ, of th,,, job,. '::::J" :;'~ ~;A ~;q-~,-- ~"7,_~
(G.~::>--o. <'<ir(rv1~0';, Ilb,""3 oo;kr-r __ r~+--- ...._'.l-.r...,~_ I_-L. s{.~
6. Will highly flammable or potentially explosive materials or
substances be used or stored within the project
site? 1\.\ 0
7. How many estimated automobile trips, per day, will be generated by
the project? I \" V f\n, .J,,",,\
8. Describe (if any) off-site improvements necessary to implement the
project, and their points of access or connection to the project
site. Improvements include but not limited to the following: new
streets; street widening; extension of gas, electric, and sewer
lines; cut and fill slopes; and pedestrian and bicycle facilities.
51<-,",", """3 0 t (h3< ":";"--; (~"":~ ~~A ': N "':'
clnN;: nrC>~ry ."rJ I-\<r",,;~~ h\~" ,G~~S_ S IrJ_ __" lS__<Jrb ~:..u.I.l;J.r
~ j .
D. DESCRIPTION OF ENVIRONMENTAL SETTING
1. Geology
Has a geology study been conducted on the property? "k
(If yes, please attach)
Has a Soils Report on the project site been made? \)0
(If yes, please attach)
2. Hydrology
Are any of the follo\'ling features present on or adjacent to the
site? ;/~ r (If yes, please explain in detail.)
a. Is there any surface evidence of a shallow ground water
table? ~Ic
b. Are th~re any watercourses Or nrainaqe ;~prove~ents on or
adjacent to the site? '1i?S -,1""'.,,.< \ h ,--",1 fl./'5 <-10,..,-, (J-~r
~ .)
::,,,j (..:: f e'~':;\"Lr-
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c. Does runoff from the project site drain directly into or toward
a domestic water supply, lake, reservoir or bay?
f\)t..
d. cou1ci"d'rai'n'age-from 'the site cause erosion or siltation to
adjacent areas? ~IO
e. Describe all drainage facilities to be provided and their
location. llY'lt""",,,
~
J. Noise
a. Will there be any noise generated from the proposed project site
or from points of access which may impact the surrounding or
adjacent land uses? 'If:.') -I\,"I<,-e. ~r^ c,,~~~re~~~"j''''':J. nOISG
Vr.,r" "'Hk""vb;\-t:<; ~.,+<.,..,,,~ /1{'Mj,-j r'--- j ,l _
4. Biology
a. Is the project site in a natural or partially natural state?
f\.\l)
b. Indicate type, size and quantity of trees on the site and ~lhich .
(i f any) will be removed by the project.~~-::t'-k"""r\ ~<; pt<Y\W
rro,-,,-,cl rt<),d~u..<;-t..,ll ero~ch~ 17c.____
5. Past Use of the Land
a.
Are there any known historical resources located on or near the
project site? 1l-.L:-t> ~<;~~ t.,') ~"c.. ~ '~)" ~ ~~ '~~::ULI
Ie ;))-GIO- rl'1, h,.!-, , " -h ("\ rlc,,~ 'j ,'L ~r-- "d~;' ~'~
\,..,\<.,\....r,.....-\cc:J <;1.:..."{(.....,cC^(~ nr...........S-f'" fl\~"t;Z; ,to-;.p +c I ,f(O\~
fZ.c<:.O
Have there been any hazardous materials disposed of or stored on
or near the project site? \h Y'C'td'l
b.
6. Current Land Use
a. Describe all structures and land uses currently existing on the
project site. ~.: J''''J\e.. ~'rv.."!\1 rl.');(le,()c, (hl..-'.....(l'-~
, " " /
rf" ( .'l' r ... ( .... \~ c \ l ...., jr r k L-I e : ~) <s I\-{- r -t L'l-...J~ ,..... s / i' ,I ("'f"' "->
I f,
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b. Describe all structures and land uses currently eXisting on
adjacent property.
North 5'~]\~~{'~1'j"'; q d~("'~~,~~h'l "'-k.~~"pN-Ic:.-
South
H,.:d1d1" l'H~-v-4 r..........\c -::', p i~~/\~-=:J c:;"Ckr'Jl"'t I
A p"""'~\- Co "f\f..\t , ,.., \-ore> S'" I a ~ W \rT"h" It-"
"""h, k I,f),,-,> p<)!-!<."
East
West
7. Social
a. Are there any residents on site? (If so, hO~1 many?) "-' 5
b. Are there any current employment opportunities on site? (If so,
how many and what type?) Ole - r" <;kr c.+= (' hlJrc~
Please provide any other information which could expedite the evaluation of
the proposed proJect.
~ '2 -,30
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E. CERTIFICATION
--- -- ----- _ -- .--- --- ---.---.- --.
.--.------. - ---- -
---- ----'- - - -~-
I.
Owner/owner ln escrow*
or
I, I1b.vr-.., ,-{-k,/.... <,
Consultant or Agent*
or
HEREBY AFFIRM, that to the best of my belief, the statements and information
herein contained are in all respects true and correct and that hll known
information concerning the project and its setting have been in~luded in
Parts 8, C and D of this application for an Initial Study of possible
environmental impact and any enclosures for attachments thereto)
DATE:
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*If acting for a corporation, include capacity and company name
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Case No..::J:5- $'<;-7<;
CITY DATA
F. PLANNING DEPARTMENT
1. Current Zoning on si te: !2 V IS .c. :-' .!/
-'
North rz.c; ~ . /~ ,/' .. ,~
South k v" '-, PI.!
East rz u. /' c, t2 I~' /' ,
West i'.v- 15.-
2.
Does the project conform to the current zoning?
"Tro ;,,1}~i-':"'11 !'''-, j--:':;;rt';:'
\/...,~.:.:
j /
General Plan land use
deslgnation on site:
North
South
East
West
IJjI':,' /..
Re..::::. '--:':-..\/r;"t.
Ri!'...5 /,'~OV' 'c' I
J<C ~ I . , __ __ - ". (
t2rr_ . -.. - '.
"
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~ / J . ,
, ....,
~ n-<, I '~ ,.
1/.'" -/.
~ r.-,'-: i:.' j ,".- ;_ f
-,. :---
(
Is the project compatible with the General Plan land Use Diagram?
'/......" ~
Is the project area designated for conservation or open space or adjacent
to an area so designated? \)--".s
Is the project located adjacent to any scenic routes? )1 (~
(If yes, describe the deslgn techniques being used to protect or ennance
the scenic quality of Chula Vista.)
How many acres of developed parkland are within the Park Service District
of this project as shown in the Parks and Recreation Element of the
General Plan? '<::.:
What is the current park acreage require~ents in the Park Service
District?
How ~any acres of parkland are necessary to serve the proposed project?
,(2AC/1000 pop.)
l
Does the project site rrovide access to or have the rotontial to provi0e
access to any ~ineral resource? (If so, c!cscrlbe in detall.)
:2.. 2 - ..3S
. .' .
~ .
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3.
Schools
If the proposed project is resi~ential, please complete the following:
School
Current
Attendance
Students Generated
From Project
Current
Capacity
El emen ta ry
Jr. Hi gh
Sr. Hi.gh
IIJP
4. Aesthetics
Does the project contain features whic~ could be construed to be at a
variance from nearby features due to bulk, form, texture or Color? (If
so, pl ease descri be.) fI D
5. Energy Consumption
Provide the estimated consumption by the proposed project of the following
Sources:
Electricity (per year)
Natural Gas (per year)
Ha ter (per day)
"'":- ,~.. ..,. "'".
6. Remarks:
Dlrector ot Plannlng or RepreSentatlve Date
22-.1{"
-"'-
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YS-3S3
- 10 -
Case No. IS- EH -79
G. ENGINEERING DEPARTNENT
1. Drainage
2.
a.
Is the project site within a flood plain?
k ) ..,
;'\iU
b. Will the project be subject to any existing flooding hazards? ~()
c. Will the project create any flooding hazards? ")0
d. What is the location and description of existing on-site
drainage facilities? ""'n.rp"l;: '{\\hV C'", ~<-I::,~vn\ s-...., \
e. Are they adequate to serve the project?
f.
What is the location and description of existing off-site
drainage facilities? Si\ep, -\'-\r1\l) {~" '(\(,\'"\"!'h\ ~,\_
"",,, 1"'-,:,..,1""::J ,,{'7',\.v>.c..,- ~ ,', \,"t,;, r-,
u
Are they adequate to serve the
g.
proj ect? IVL1. C, ,10 <:4- C""i-\e.., " V-
ciro.\~ ~"i';,t~ fY\{\.'f bL
re.I ct lYe,\ .
access to the project? (")rar/1/.jp, nut!.
v
Transportation
a.
What roads provide primary
;C I-tr.lrnt)c.,a. (1\1<:" -
,
e. Will it te necessary that additional dediCJtion, widening and/or
i"'provement be ",ade to existing streets? ',.-;'.o~
If so, speCl fy the general natuLLof the necess";,y dctlons.
~
-,_-':J . I!. /-111'/ I'" /_.
d.
b.
What is the estimated number of one-way
generated by the project (per day)?
4,'2.(1 (" A ITr'(()oti,tr" / )
c. Wh~t is the ADT and estimated level of service before and after
project completion?
auto tri ps to be
1<=;/(' CA.\tu. i)
Before
After
A. D. T.
L. O. S.
I () / ~,'!
I '}'~::"''-,
, ')RA. fJ6r=
HI-"'/:;' t-!{)"7!\
" r.> [~VC-~ c.
H','/{riw/\
//7:::::/
1ft;/( :
,,,", D
B
r:::
Pi
Are the prinary access roads adequate to serve
I f not, expl ai n bri efly. L, 7no"t ",/ Ie \ ',,\, ^-c...,
\:.., r:-..?J'('''-l~'\ .....:l~~~" <l."( \-\r",;,'::i ---'
the project? ~I()
C.-_ ~ t', ~ \-, {\~ :'-,f"" Ct v";:"
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- 11 -
3. Geology
Case 110. IS-.gq ':'79
a.' Is the project site Subject to:
Known or suspected fault hazards? ~()
Liquefaction? AJ()
Landslide or slippage? AJ()
b. Is an engi neeri ng geology
project? Yc.>S P,I'1l r
report necessary
10 ~> - ~-J
Gr<uvJJ:j .
to evaluate the
P"/1 '1'1, K
4.
Soil s
a. Are there any anticipated adverse_soil conditions on the project
site? Aj/J... N() IMFrJRH4T1nJ,J
,
b.
If yes, what are these adverse soil conditions?
Vi) I Ai F()-
5.
c. Is a soils report necessary? Ye.s . rrl ~.' r -1;) Or?7.c/'fl] A,f,11( i.
/ / .
Land Form
a. What is the average na tura I slope of the site? F'/ot
b. What is the r.laximum natural slope of the site? FIaT
Noise
6.
Are there any traffic-related noise levels impacting the site that
are significant enough to justify that a noise analysis be required
of the applicant? f\ !(,
12 - 38
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- 12 -
Case No. I'S-8Q-7Q
7. Air Quality
If there is any direct or indirect automobile usage associated with
this project, complete the following:
Total Vehicle
Trips Er:lission Grams of
(per day) Factor Pollution
CO I~O X 118.3 = /8454- <3
Hydrocarbons /560 X 18.3 = "2. 854-8
/JOx (N02 ) /5&0 X 20.0 = "2ll2.cO
Particulates /560 X 1.5 = 2.34-0
Su1 fur 1560 X .78 = /2../6.'6
8. Waste Generation
How much solid and liquid (sewage) waste will be generated by the
proposed project per day?
Sol id
Q40 # /DcVI
li qui d
13 /60
GPD
llhat is the 10catjon and size of existing sewer lines on or adjacent
to the site? ~'~u).:.r m~,~ ')~ (j,t"rY1'-" +0--)"),,,,) ;'C-;;..l-\i.l~~
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Are they adequate to serve the proposed project? y;,,,,,. ,':'(:2> Rel"l"\"'~.
9. Public Facilities/Resources Impact
If the project could exceed the threshold of having any possible
significant ir:lpact on the environment, please identify the public
facilities/resources and/or hazards and describe the adverse impact.
(Include any potential to attain and/or exceed the capacity of any
public street, seVier, culvert, etc. serving the project area.)
~f/ (/U,/,'-I1JH/II;'
Rer:larks/necessary mitigation measures Se,"'"
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appropri ate by the City Eng; neer. If a b; ke 1 ane ; s to be prov; de" on
this four-lane motor facility and parking is to be retained, an additional
10 feet of right-of-way will 'be required to allow for a 10-foot widening
of the roadway cross section. Four-lane majors shall also provide
landscaped buffer areas. Pedestrian crossing demand should be well
planned, focused and controlled to direct pedestrians to designated
crossing pOints at signalized intersections.
~liden all approaches to intersections as per Exhibit "A" ;n order to
provide for additional lanes, as per Exhibit "E."
It
1 8'
I "'0'/12'
LANDSCAPED
BUFFER AREA
~1
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2:IMAX/ _
,.....-/ PARKING sJ=:'
"'100'/104'
It
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8UFFER AREA
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I~ PARKING "'"
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12' 12' 12' 12'
4-LANE MAJOR
"104' RIGHT-OF-WAY DUE
TO B' SIDEWALK IN
COMMERCIAL AREA
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H. FIRE DEPART}1ENT
Case Ho. /r-J'9-7Y
1. What is the di stance to the nearest fi re stati on and what is the Fi re
Department's estimated reaction time? -/" f.' '1-
2. Will the Fire Department be able to provide an adequate level of fire
protection for the proposed facility without an increase in equipment
or personnel? J '" J
I
3. Remarks
~ ~L~
Fl re: Marshal iJ
(.I
;/11/" ,
Date .
,22."'~2.
(
(
/
-13(a)-
-
Case No. /.5 -A".9"- ~9
H-I. PARKS & RECREATION DEPARTMENT
---~--.._---
1.
Are exi~ting neighborhood and community parks near
adequate to serve the population increase resulting
project?
, Nei ghborhOOd
Community pa rks
the project
from thi s
2.
If not, are parkland dedications or other mitigation proposed
as part of the project adequate to serve the population increase?
Nei ghborhood /9~ I.. ~'"<.
Community pa rks
f{V.){-"~I~r11Q f>^~^('Jo ~~(L l_~
OCYJ,.. ,,,,,.. L i. L.; /') ~"),- ("')/\ 0 (""\
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3. Does this project exceed the Parks and Recreation Thresholds
established by City Council policies?
Ai fA
,I.) ~ '" ^^-ru/J h:f-u-<>
Parks and Recreation Director or
Representative
::,-130(1"7
Date
2 2-~.3
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ADDENDUM
December 28, 1990
TO:
FROM:
Honorable Chairman and Members of the Montgomery ~n~tp
Douglas D. Reid, Environmental Reivew Coordinato{~
Committee
SUBJECT: Recommendation Regarding Negative Declaration for the
Proposed Library for the Montgomery Area
I, as Environmental Review Coordinator, have conducted an Initial Study,
15-89-79, of potential environmental impacts associated with the
implementation of the project which has been subsequently modified since
the preparation of the Negative Declaration. Based on the attached
Initial Study I have concluded that there will be no significant environmental
impacts and hereby recommend adoption of the Negative Declaration,
15-89-79 on the project.
DDR:mh
22-~r
.1
ATTACHMENT D
"!-:....,o,
. \t;:'-
U"'!I"'rg~I1~!I A M '7~ AI ~~a !'!"'iI"es
ll~~~ Cli U ~dL ~-.~::! g'~'aD3~~ M ~
MINUTES OF THE MONTGOMERY PLANNING COMMITTEE
Chula Vista, California
7:01 p.m.
Wednesday, January 2. 1991
Lauderbach Community Center
333 Oxford Street, Chula Vista
ROLL CALL
MEMBERS PRESENT:
Chairman Wheeland, Committee Members Berlanga,
Creveling, McFarlin, Castro
EXCUSED ABSENCE:
Committee Members Palmer and Roberts
UNEXCUSED ABSENCE: None.
STAFF PRESENT:
Frank J. Herrera-A, Associate Planner; Luis
Hernandez, Assistant Planner; David Harris.
Community Development Specialist; Rosemary Lane,
Library Director
1.
Oral Communications
None
2.
Old Business
None
3.
A.
Review of Conceotual Plans for the Librarv to be Built at Fourth Avenue
and Oranae Street under the Guidelines of State Grant
Rosemary Lane, Library Director noted that the packet the Committee members
received was quite detailed in its presentation of how far along this was in the
process. That the state has $75 million in funds and that we are going to the
next phase, which is the application. Chula Vista is ranked 15 out of 104 other
cities in the state seeking funds, which is a very good ranking, and there is only
one building in Southern California (in Los Angeles) ranked higher than Chula
Vista's, so we are ranked second in Southern California. It is our belief that we
have a very good chance, at this point, based on the application that is in your
packet--that is all that has been done to date. If the state funded the 14
applications ahead of Chula Vista, there would still be enough funds left to fund
Chula Vista's library building. We will be making another submittal in February
and a final rendering will be given in April 1991. Given this, we do not think
we will be able to go out with an Request for Proposal for architectural
drawings until June or July 1991.
Richard Blackman, of the architectural firm of Wheeler-Wimer-Blackman, gave
a brief history of his firm's history. This project would be the 13 library project
for his firm. The firm was the architect for the Chula Vista Main Library. The
proposed library at Fourth Avenue and Orange Street is planned to be a 35,000
square foot building, containing a literacy center, adult and children's libraries,
-1-
;22.-1/'7
.'
special space for young adults, study rooms, conference rooms, and a
technology resource center. The style we chose to create for this building is
a bi-national Iibrary--a massive building, broken up into smaller elements
through use of color. One of the special features is a permanent art gallery.
It was asked if the colors shown on the rendering were the colors. Mr.
Blackman stated no, that the colors on the rendering were used to better
illustrate the concept of breaking the massiveness of the building into smaller
components.
One committee member took issue with the young adult center as explained,
they had a problem with a laser, disco-type facility. Mr. Blackman responded
that they are trying to create a space that would attract young people to the
library facility, that this is not the final, selected idea, but just a suggestion.
The committee wished to know when would be the best and appropriate time
to bring in the community to get their input. Rosemary Lane interjected that
first, Chula Vista had to go through the next stage, the grant process, before
anything was certain. When assured of funding, then the drawings would be
prepared and community input would be sought. The community will be given
many, many opportunities to give input.
Mr. Blackman stated that the state wants showcase type library buildings--
something they can be proud of, show off as to what can be done. The
building must be a showpiece. The grant is not based on need or economy.
It is based on having a library that will be an example for rest of state to build.
We believe the bi-national library concept as shown in the rendering is such a
building.
Mr. Blackman reiterated that in order not to lose ground, the library building
must be a real showpiece. Mr. Blackman explained that his firm has taken
direction from the Library Board and library staff. There has not been time to
have a great deal of input from others, e.g., community input. The work that
has been completed to-date had to be completed in order to meet the grant
deadline. Also, February 15 is the drop dead date for the application--that
means we have to have the whole thing basically designed and we have to get
the City Council to approve this to give their intent to go for the grant.
A number of committee members had specific concerns that dealt with such
topics as: a flat roof, graffiti, community input, youth music center,
community center, nearness of the SDG&E power lines, landscaping, drought
tolerant plants, musical amphitheater, parking, aesthetically pleasing building
colors, and the like. These items were discussed in a preliminary manner, with
the understanding that during the architectural drawing process these questions
would be looked at specifically and that the Committee would have input and
have their questions answered in greater detail.
-2-
2:2-5()
.'
.
One of the committee members asked that once the grant was approved, was
Chula Vista locked into this design. Mr. Blackman noted that there are many
changes that are made throughout the process, that there is a lot of flexibility,
that they will work with every department in the City, seek community input
and will bring this back to this Commission throughout the process.
Mr. Jack Nakawatase, of Ona Associates, presented the landscape proposal for
the library. Pointing to the renderings, he explained the concept of the layout
of the various plantings, trees, paving which conforms to the outline of the
building, and the use of green space. He mentioned that their would be access
for the physically impaired. He pointed out that the plants would be drought
tolerant, there would be xereiscaping, the use of evergreens to frame the site,
the use of green space was minimal, but was such that it tied the whole
concept to the library building.
MOTION
Accept negative declaration as presented.
[Castro/Creveling] 5-0-2, approved.
MOTION
Committee recommends accepting conceptual presentation.
[McFarlin/Castro] 5-0-2, approved.
3.
Ii..
Communitv Develooment-Block Grant Proaram
David Harris, Community Development Specialist, noted that when he made a
presentation before this Committee last March or April (1990), it was requested
that he return from time to time and given an update on status of the
programs. I am here to do that and will be bring to your attention that there
is a consideration for a loan application to the federal government to fund a
project that is not in Montgomery, but that will affect Montgomery projects.
The projects, briefly;
· Fourth Avenue and Orange Street--Community Development is
working on acquiring the properties and we have a purchase
agreement with the property owner on the Fourth Avenue side
and escrow will be opening very shortly and close quickly. We
are negotiating with the church for purchase of their property.
The church is willing to move, but wants to be relocated to a
comparable facility. At present they have about two acres. If any
committee member has an idea of a suitable location, Community
Development would like your suggestions. There is a third parcel,
which is not too expensive, being negotiated at this time. We
need to have this completed by February 1 so the Library can go
forward with grant application.
-]-
22 -51
.
.'
· Shy Lane--complete, except for punch list items. These items are
being worked on. Project totaled about $300,000.
· Fifth Avenue--"L" Street to Naples Avenue--has been awarded to
So'uthland Paving. Relocation of utilities complete by mid-March.
Street improvements will then start.
· Fifth Avenue (second part of project)--Naples Avenue to Orange
Street--hopefully going out to bid in March 1991.
· Drainage projects--under design and are expected to be bid in the
Spring.
· C.I.P. project on Fourth Avenue and Moss for sidewalks.
· Normal Park Senior Center--some projects have been deferred
because the Norman Park Senior Center has close to $1,000,000
of CDBG funding. Bids came in at $2.3 million to $2.5 million.
Parks and Recreation only had about $1 million to fund the
project.
In this regard Community Development is considering a federal Section 108
loan--borrowing $750,000 @ 9% interest for 3 years, loan fees of $11,250.
Use CDBG allocation up-front for repayment of loan. City Council has indicated
that they would like to apply for this loan but wants input from Montgomery
Planning Committee. It takes about three months to get approval and up to 12
months to fund. There is an interim loan available at 8%-9%. If federal
government decides to not fund the CDBG, then the loan is forgiven. It was
explained that the percentage of the CDBG fund used to repay the loan would
reduce the amount of money available for other City projects.
The committee members thought that the percentage of total funds available
for all City projects would then be very low.
Mr. Harris explained that Community Development could go for a longer-term
loan and for a larger amount. However, the length of the loan is dependent
upon the size of the loan. He noted, also, that Community Development could
make one request for multiple projects. He informed the Committee that
hearings for input will be held in March or April. Mr. Harris noted that
Community Development can apply for six times our annual entitlement with
the new legislation. CDBG funds could be looked at for the Woodlawn Park
improvements, but no CDBG funds are being used for individual dwelling units--
Redevelopment Agency has money to do this kind of thing--but there are a
combination of projects that can be put together. Mr. Harris also discussed the
MADD Project Family Shelterna facility in the South Bay for transitionally
homeless families. Looking for site and they will need funding from City. This
would be for acquisition of property and renovation of property. It will house
-4-
,2 2-.5:2..
~
.
about 12 to 15 families for upwards to one year. It would need to be near
transportation.
One committee member thought it might be a good idea to put a loan package
together that could go for a 20 year payback.
MOTION
Montgomery Committee encourages seeking a 20-year payback for the federal
Section 108 loan and having Community Development try to package it with
other projects.
[Creveling/Wheeland] 5-0-2, approved.
4.
Other Business
None
5.
Chair's Report -
None
6. Committee Comments - None
ADJOURNMENT AT 9:05 P.M. to the Workshop on Wednesday, January 16,1991
at 6:30 p.m. in the Civic Center.
~,j,~
Berlin D. Bosworth, Recording Secretary
ICIMONT.MTG,WP]
-5-
~2-S3
~
"
,~-
,
ATTACHMENT E
MINUTES OF A SPECIAL JOINT MEETING
of the
LIBRARY BOARD O:f TRUSTEES AND PARKS AND RECREATION COMMISSION
JANUARY 9, 1991
LIBRARY CONFERENCE ROOM
4:00 PM
LIBRARY BOARD MEMBERS PRESENT:
Chair Miller, vice Chair
Williams, Trustee Donovan
LIBRARY BOARD MEMBERS ABSENT:
Trustees Viesca (excused)
Trustee Alexander (ill)
PARKS AND RECREATION COMMISSION
MEMBERS PRESENT:
vice Chairman Hall,
Commissioners Lind and Willett
PARKS AND RECREATION COMMISSION
MEMBERS ABSENT:
Chair Sandoval-Fernandez,
Commissioner Roland
CITY STAFF PRESENT:
Library Director Lane, Assistant Director
Palmer, Deputy City Manager Thomson, Jess
Valenzuela, Director of Parks and
Recreation, Shauna Stokes, Senior
Management Assistant
Library Board Chairman, Suzanne Miller, informed all present that
this meeting was being held to consider the conceptual plans for
a 35,000 square foot Library at Orange and Fourth Avenues as
presented by architectural firm, Wheeler, Wimer, Blackman and
Associates.
Library Director, Rosemary Lane, detailed the changes made in the
archi tect 's drawings since the last time the Library Board and
Parks and Recreation Commission had viewed them. These changes
included recommendations from the Library Board, the Parks and
Recreation commission and the Montgomery Planning Committee as well
as input from City staff. The drawings were prepared to apply for
grant funds to build a library and do not show a proposed community
center, gymnasium, amphitheater and park land to be added at a
later date. The Montgomery Planning Committee unanimously voted
to support this project.
She also reported that since meeting in December, the State
Librarian wrote the letter enclosed in the packets, that shows
Chula vista is "very competitive" ranking 15th out of 104 pre-
applications. The Library Director attended a Proposition 85
Workshop on January 7th in Sacramento where Chula vista I s "Changing
Concepts in Library Services" and its "Needs Assessment" sections
;J2 -5~
t
JOINT MEETING
- 2 -
JANUARY 9, 1991
of the Pre-application were used as good examples for other
libraries.
commissioner willet asked what other options were planned if grant
funds do not materialize. Director Lane responded that if Chula
vista does not receive these grant funds, the Chu1a Vista 21
Committee may recommend a bond election to build a library plus
recreational facilities on this site.
Commissioner willet asked if the City was still negotiating with
SDG&E to use the land beneath the power lines and how this land
was going to be used; i.e., passive park, parking or jogging and
horse trails.
Deputy City Manager Thomson responded that the City Manager's
office is negotiating with SDG&E to use this land. If the grant
application is funded and the agreement with SDG&E approved, the
parking lot would be reconfigured to make maximum use of the site.
Mr. willet's concerns were twofold: 1) the cost of paving and
landscaping that would be demolished when a future community center
and 2) the possibility of leakage and leaf accumulation on the
library's flat roof. He cited problems with the Chamber of
Commerce building. He believed that buildings should be designed
with future maintenance costs in mind.
Deputy City Manager Thomson reported that this project was slated
to go before the Design Review Committee on January 10, 1991 at
which time the plans would be reviewed from an architectural point
of view.
In answer to Mr. willet's concerns, Richard Blackman responded that
the building will be surrounded with heavy cobblestones and prickly
bushes to deter graffiti and to prevent people from climbing onto
the roof. Any trees near the building will be tall and slender in
nature and will not drop leaves on the roof. There is a flat
roofing product the firm has used successfully at Sharp-cabri11o
Hospi tal for the past ten years with no maintenance or leakage
problems. Also, since there will be no equipment on the roof that
demands servicing, there is no need for anyone to walk on the roof.
Walking causes most flat roof damage.
commissioner Hall asked if
architecturally compatible
library.
it would be difficult to design an
Community Center adjacent to the
Richard Blackman replied that the proposed library building has
been designed for possible linkage with another building. An area
at one corner of the building would serve as a transition point
22 -ss
JOINT MEETING
- 3 -
JANUARY 9, 1991
when joined to another building. A footprint of this community
center on the site was shown at the December Parks and Recreation
commission meeting.
Mr. willet asked if the entrances into the parking area could be
indented to allow for a shallower turn into the parking lot or a
turning pocket added to allow busses and cars to enter and leave
the lot safely. Mr. Blackman replied that the drawing was prepared
with preliminary information from the City I S Engineering Department
on ingress and egress to the lot. If the project is funded, the
Engineering Department will prepare a more in-depth study of
traffic in the area and alter the design to accommodate these
considerations.
(Vice Chairman Ron Williams arrived at 4:53 pm.)
commissioner Hall asked that the record show he is concerned that
the Parks and Recreation element at this site may be abandoned
because of restrictions that mayor may not be imposed based upon
the library grant. He is concerned because, no matter what the
library needs for this area are, there is also an equal need for
a Parks and Recreation element in this area.
Library Chair Miller agreed his point was well taken. She
reassured him that the Library Board members have never lost sight
of the fact that this is a joint project. The Library has an
opportunity to obtain funding to build its portion first.
commissioner Hall stated that it was unfortunate the library and
community center could not be built all at once. He suggested
that the respective Board and Commission suggest this to council.
commissioner willett commented that the footprint of the building
has exceeded the square footage that his Commission had seen under
the POD study. He suggested reducing the footprint of the building
and going up two or three stories. This would allow ample space
for a future community center and gymnasium. Board members and the
Library Director replied that over a long term, multi-story
buildings are much more expensive to staff. Such a design on six
acres would probably not make our application competitive.
Deputy City Manager Thomson mentioned that there is only a limited
amount of General Fund money available and a major need for both
parks and libraries in the area. As money becomes available
through the State Grant to help with part of those needs, it makes
it easier to build the other needs.
Chairman Miller committed Library Board support to the Parks and
Recreation Commissions plans for a community center in this area.
22 -5/'
JOINT MEETING
- 4 -
JANUARY 9, 1991
Commissioner Hall stated that it behooves this project to have this
Parks and Recreat~on Community Center built with the library. If
the state decides to fund this project, the Parks and Recreation
commission will take this to Council to suggest that the recreation
component be built in conjunction with the library.
Chair Miller suggested if notification of the grant approval is
received in April, both committees go to Council in support of the
Community Center.
commissioner willet was concerned that the State Library might
restrict the building of a community center on the same lot.
Richard Blackman agreed that it is possible for the State Library
to impose restrictions on the site. The award will be made on
mul tiple issues. Some of these are going to change as the
information process goes along because the plans are at a
preliminary stage now.
Sue Miller asked for separate votes from the Parks and Recreation
Commission and the Library Board.
Director Lane reported that Commissioner Roland had called her
office and asked that she convey that he is in favor of whatever
the City can do to put a library at Fourth and Orange.
Library Board Chair Miller polled her Board members:
MSUC (Donovan/Williams) to accept the negative declaration
issued by the City's Environmental Review Coordinator.
MSUC (Williams/Donovan) to recommend to Council the conceptual
plans for the 35,000 square foot library as presented by the
architectural firm, Wheeler, Wimer, Blackman and Associates.
Parks and Recreation Vice Chair Hall polled his commission members:
MSUC (Willet/Lind) to accept the report as presented by the
City's Environmental Review Coordinator.
MSUC (Willet/Lind) to support and accept the conceptual plans
as agreed to and voted on by the Library Board.
The Library Director will take the recommendations of the Library
Board and the Parks and Recreation Commission to the City council
on January 22, 1991.
Both the Parks and Recreation Commission and the Library Board will
address asking Council for a Community Center on this site at their
next Board and Commission meeting.
:2 '2 -Sr-
JOINT MEETING
- 5 -
JANUARY 9, 1991
The meeting was adjourned at 5:29 pm,
22-sr
COUNCIL AGENDA STATEMENT
Item ;l~
Date 1/22/91
ITEM TITLE; Report regarding the results of the Caltrans Project Study Report of the
Bonita Rd./I-805 Interchange
SUBMITIED BY: Director of Public Works ~
REVIEWED BY; City Manage~r (4/5ths Vote: Yes _ No X)
!/
In 1988, the Sweetwater Valley Traffic Study recommended improvement of the Bonita
Rd./I-805 interchange as a long term solution to mitigate increasing traffic congestion in that
area. In response to proposed development in the interchange area, the City of Chula Vista and
the County of San Diego entered into an agreement to obtain and provide the information
necessary for Caltrans to conduct a Project Study Report (PSR) to determine acceptable
alternatives for improvement of the interchange and to prepare rough cost estimates for each
alternative. In addition, the County of San Diego wishes to sell surplus property located in the
interchange area. The sale of this property has been delayed, pending completion of the Project
Study Report, in order to allow the City to consider purchase of the parcel. The County has
recently notified the City, however, that sale of the surplus parcel cannot be delayed beyond
January 28, 1991.
RECOMMENDATIONS:
I. That Council accept the report and the recommendations of Caltrans which indicate that
major improvement of the Bonita Road/I-805 Interchange would not be cost effective, and
2. That Council direct staff to notify the County of San Diego that Chula Vista is no longer
interested in pursuing the purchase of County Surplus Parcel #85-0046-A (Sweetwater Park).
3. That staff be directed to develop a project to add another Westbound lane on the north side
between Plaza Bonita Rd. and the Northbound onramp to be considered as a condition of
development of the adjoining property.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
Bonita Road in the area of the Interstate 805 interchange is classified as a four lane major street.
The 1989 traffic counts provided to Caltrans show the Average Daily Traffic (ADT) on Bonita
Road to be 30,100 west of the interchange and 44,550 east of the interchange. Caltrans
indicates that the freeway in this area is currently operating below capacity.
23-1
Page 2, Item ..J~
Date 1122/91
The year 2010 traffic projections, based on the SANDAG model, show traffic on the freeway
will increase 50-60 percent. Since the area served by Bonita Road is relatively built out, and
completion of SR 54 could reduce through trips, the traffic projected for Bonita Road and the
I-80S interchange ramps is only 10-25 percent higher than existing volumes. Because of the
anticipated capacity restrained condition of the freeway, however, Caltrans believes that
projected traffic volumes in the interchange area will remain relatively unchanged with some
shifting due to the opening of SR 54.
The following four alternatives were considered by the Caltrans study:
1. Add hook ramps to the existing northbound exit and entrance ramps. The proposed ramps
would terminate on Plaza Bonita Road. (See Attachment 1).
2. Realign Plaza Bonita Road and the existing northbound exit ramp into one intersection and
realign the existing northbound entrance ramp so that the ramp terminus would be on Plaza
Bonita Road instead of Bonita Road. (See Attachment 2).
3. Replace the northbound entrance ramp from Bonita Road with a loop type entrance ramp,
extend the auxiliary lane from the existing Bonita Road entrance ramp to the "H" Street entrance
ramp and realign Plaza Bonita Road and the existing northbound exit ramp into one intersection.
(See Attachment 3).
4. Add a third westbound lane on Bonita Road from Plaza Bonita Road to the northbound
ramps. Make no structural modifications to the freeway interchange.
Other alternatives previously submitted to Caltrans for consideration by the City were rejected
because of obvious conflicts with current Caltrans design policies.
The first alternative, adding hook ramps onto Plaza Bonita Road, would require modification of
the existing northbound on-ramp. This modification would add a second lane of merging traffic
onto the freeway and decrease the weaving distance available between the northbound ramps and
the exit ramp to SR 54. Reducing the weaving length on the freeway would reduce the capacity
of the northbound on-ramp from Bonita Road as well as potentially increasing delay to
northbound I-80S traffic. For these reasons this alternative was rejected by Caltrans.
The second alternative would allow access from northbound 1-805 directly to Plaza Bonita Road
and would reduce the number of intersections on Bonita Road by realigning Plaza Bonita Road
and both northbound ramps. It would also, however, decrease the level of service for a portion
of the traffic bound for northbound I-80S from Bonita Road and increase confusion in the area
by creating an isolated entrance ramp. Estimated at approximately $3 million, this alternative
is not considered cost effective.
013-1..
Page 3, Item "3
Date 1/22/91
The third alternative is estimated at approximately $7 million. The geometries of adding a loop
entrance ramp require removing the existing northbound on-ramp in order to avoid reducing the
weaving distance on the freeway between the northbound entrance ramp and the exit ramp to SR
54. On Bonita Road, this would result in substituting a westbound to southbound left turn
movement at the loop ramp for the eastbound to northbound left turn movement at the existing
on-ramp. This would increase the level of service (LOS) on Bonita Road from LOS E to a
borderline LOS D/E condition. This alternative is not considered cost effective.
The fourth alternative recommends operational changes to the interchange area instead of major
modification of the interchange structure.
Given the cost of the various alternatives studied and the relatively low benefit to be derived
from these proposals, Caltrans has recommended that improvement of the interchange be limited
to operational improvements. Concurrent with the Caltrans study, the City has been pursuing
the design of these operational changes. In early December Bonita Road was restriped and
resigned between Plaza Bonita Road and the northbound I-80S ramps. These operational
changes created a third westbound lane approaching the intersection at the northbound ramps and
extended the dual left turn pocket for eastbound traffic approaching Plaza Bonita Road. These
changes have improved traffic conditions on Bonita Road eliminating much of the congestion
normally experienced in the interchange area. (See Attachment 4 for the new striping on this
segment of Bonita Road).
The County of San Diego has been contacted regarding the results of the Caltrans study. They
concur with the Caltrans recommendations.
Since Caltrans recommends that only operational changes to the interchange be considered, there
is no longer any need for the City to pursue acquisition of the surplus County property in the
area.
City staff believes another alternative should be explored which would not require major
improvements to the Interchange, but would involve a smaller street widening project. This
would be to widen Bonita Rd. on the North side between Plaza Bonita Rd. and the North bound
onramp. This lane would be a right turn lane allowing northbound freeway traffic to get out of
the thru lane, creating more capacity for thru Bonita Road Traffic. This lane would also add
storage, which appears to be needed during the peak traffic hours. This option is similar to the
treatment at the Southbound Onramp with the difference that this lane would be much longer.
This project could be a condition of development for the property on the north side between
Plaza Bonita Rd. and the Freeway R/W.
This alternative would not impact the sale of the parcels on the north side of Bonita Rd. nor
require the major taking of property, as would alternative 3. Therefore it is appropriate to
notify the County of our concurrence in their selling the parcel.
;23' "3
Page 4, Item ~
Date 1/22/91
FISCAL IMPACT:
There is no fiscal impact since the Project Study Report recommends against pursuing structural
modification of the interchange.
Attachments: Alternative 1
Alternative 2
Alternative 3
New striping on Bonita Road from I-80S NB ramps to Plaza Bonita Road
Letter from Caltrans, dated 12-19-90
SM;sm
(SM\A-BRI805.DOC)
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--STATE OF CALlFORNIA.SUSINESS, TRANSPORTATION AND HOUSING AGENCY f.:ECE:VED
DEPARTMENT OF TRANSPORTATION
DISTRICT 11, P.O. BOX 85406, SAN DIEGO 92186-5406
December 19, 1990
:: - :., '-' '- ~ "_
GEORGE DEUKMEJIAN, Governor
:.... tJ ~'.' ~4 ~ ~ ~< I ~J G ~) ~ D"-
1990 DEe 26 All 9' 54
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11-SD-805
P.M. 7.3/8.2
11223-910054-VL5780500730
Mr. John Lippitt
Director of Public Works
City of Chu1a Vista
P.O. Box 1087,
Chula Vista, Ca. 92012
Dear Mr. Lippitt:
This letter is in response to your request for a preliminary
feasibility investigation of possible improvements to the
Interstate 805 (I-80S) /Bonita Road interchange.
TRAFFIC: Existing peak period demand for I-80S in this area does
not exceed the capacity of the freeway. Analysis of existing
operations on Bonita Road in the interchange area indicates a level
of service D during the afternoon peak period and a level of
service C during the morning peak period. Our surveillance of this
area indicates no congestion on a day to day basis. However
seasonal peak periOd demands, due to the close proximity of the
Plaza Bonita shopping center, may cause some congestion in the
area.
A portion of the traffic on Bonita Road, in the interchange area,
has been using Bonita Road as an alternative route for the
uncompleted portion of SR 54. The completion of SR 54 should
reduce some of this traffic.
A large percentage of traffic which uses Bonita Road to access the
Bonita Plaza Shopping Center, arrives via the I-80S northbound exit
at Bonita Road. Because of available routes other than Bonita Road
for traffic arriving from the north, a smaller percentage of
traffic destined for Plaza Bonita Center arrives southbound on 1-
805.
The year 2010 traffic projections, based on the Series 7 Sandag
model, show that traffic on I-80S will increase 50-60 percent and
that traffic on H Street and the H Street interchange ramps will
increase by 150-200 percent. Since the area served by Bonita Road
is relatively built out, and completion of SR 54 could reduce
through trips, the traffic projected for Bonita Road and the Bonita
Road interchange ramps is only 10-25 percent higher than existing
volumes.
:23 - 'I
..
Mr. John Lippett
December 19, 1990
Page Two
Based on the 2010 traffic projections, it is our opinion that
theoretical demand for 1-805 in this area will exceed capacity.
The capacity of the freeway system in this area is constrained by
the number of lanes on the freeway and the effect of large entrance
and exit ramp volumes at the SR 54, Bonita Road, and H street
interchanges. Long range planning for I-80S does not, at this
time, include major freeway capacity improvements in this area over
the next twenty years. The possibility of HOV lanes in the
ultimate transportation corridor will be studied some time in the
future. The anticipated capacity restrained condition of the
freeway system would lead us to believe that the theoretical 2010
volumes along the corridor, including interchanges, are
unattainable. We would further conclude, based on these
projections, that the volumes in the Bonita Road interchange will
remain relatively unchanged with some shifting due to the opening
of SR 54.
ALTERNATIVES: We have done preliminary assessments of four concepts
to improve the Bonita Road interchange. They are as follows:
1. The first concept looked at adding hook
existing northbound exit and entrance ramps.
ramp termini would be on Bonita Plaza Road.
ramps to the
The proposed
This alternative would decrease the weaving length between the
Bonita Road northbound entrance ramp and the SR 54 exit ramp.
Since this segment of the freeway directly controls the
capacity of northbound I-80S, reducing the weaving length on
the freeway would reduce the capacity of the northbound
entrance ramp from Bonita Road as well as potentially
increasing delay to the northbound I-80S traffic. Therefore
this concept was rejected.
2. The second concept looked at realigning the northbound
entrance ramp so that the ramp terminus would be on Bonita
Plaza Road, instead of Bonita Road. This alternative would
also realign Bonita Plaza Road and the northbound exit ramp
to create one intersection.
While this alternative would reduce the number of
intersections on Bonita Road, and allow traffic from
northbound I-80S to directly access Bonita Plaza Road, it
would decrease the level of service experienced by a portion
of the traffic bound for northbound I-80S from Bonita Road.
It would also create an isolated entrance ramp which could
increase the confusion in this area. The estimated total
project cost of this concept is approximately $3 million.
This concept would not be cost effective, therefore it was
rejected.
~3-/O
.
.
....
.
Mr. John Lippett
December 19, 1990
Page Three
3. The third concept considered would replace the northbound
entrance ramp from Bonita Road with a loop type entrance ramp,
extend the auxiliary lane from the existing Bonita Road
entrance ramp to the H street entrance ramp and realign Bonita
Plaza Road and the northbound exit ramp to make one
intersection.
This alternative would improve the level of service for
traffic on Bonita Road by eliminating one intersection, and
it would reduce the potential for right lane overload on
northbound 1-805 due to heavy entrance ramp volumes from H
Street. This alternative would have a total project cost of
approximately $7 million. These improvements would increase
the level of service on Bonita Road from a LOS E to a
borderline LOS D-E. This concept provides some small benefit,
however at great expense. Therefore this concept was
rejected.
4. The final concept considered was that a third westbound
lane be added on Bonita Road from Bonita Plaza Road to the
northbound entrance ramp termini. This would increase the
capacity of the intersection at the northbound ramp termini.
This and other operational improvements are a potential area
for further study.
FINDINGS: Given the cost of the various interchange capacity
improvements studied and the relatively low benefit derived from
these proposals, it is recommended that further study of
improvements be limited to operational improvements such as
channelization, modification of signal phasing, and adding lanes
to the City street system such as in concept #4.
If you have any questions please contact Allan Kosup at 688-6963.
JESUS M. GARCIA
District Director
/1 r;7~l\1c~
CMANUS . /
Projects
ARK:sr
:J. 3-/1
COUNCIL AGENDA STATEMENT
Item
~"
Meeting Date 1/22/91
ITEM TITLE: Report on Chula Vista Transit (CVT) Study
SUBMITTED BY: Director of Public Works ~
REVIEWED BY:
City Manage\)
./
(4/5ths Vote: Yes___No-x-)
At the request of the City of Chula Vista and SCOOT, the Metropolitan Transit
Development Board (MTDB) conducted a technical study of the CVT system with
consultant assistance from Crain and Associates. City transit staff also
participated in the study. At its meeting on December 13, 1990, the MTD Board
accepted the CVT Study draft report and referred it to the City of Chula Vista
for consideration.
RECOMMENDATION: That Council;
1. Accept the Chula Vista Transit Study prepared by MTDB and Crain and
Associates;
2, Authorize staff to hold a publ ic information meeting on the Study to
solicit public input and comments;
3. Direct staff to bring the Study back to Council, after receiving publ ic
input, for consideration and adoption in concept, and approval of Phase I
recommendations to be implemented in FYI991-92.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Over the past several years, the CVT system has experienced substantial
growth; annual ridership increases have ranged between IS and 20 percent and
last fiscal year's recovery ratio was 43 percent. While statistical measures
for the system are positive, transit staff felt that a comprehensive analysis
of the system coul d result in even better servi ce to the commun i ty. Some of
the issues that staff wanted to consider included:
Expand service to the growing areas generally east of I-80S;
Improve service on existing routes;
- Serve both the local transportation needs of Chula Vistans and
regional trips through connections with the San Diego Trolley.
Increase the convenience of riding CVT, including more frequent
headways; more consistent, or "clock" headways; and more directness of
service to major destinations.
,;l~." (
Page 2,
Meeting
Item ~..,
Date 1/22/91
The study was conducted with these major objectives in mind. Although it is
diffi cult to fully achi eve every object i ve, the recommended changes generally
improve frequency, directness, and convenience of CVT service with minimal
impact on current riders. The existing CVT system is shown on page 3 of the
attached report and the recommended system (Phases I and II) is shown on page
14.
The recommendations are divided into two phases for implementation. Phase I
recommendations are planned for implementation next fiscal year (FY 1991-92)
and Phase II recommendat ions woul d be imp I emented in two to three years.
Genera lly, Phase II recommend at ions requi re certain capita I improvements to
accommodate the servi ce (such as compl et i on of Southwestern Coll ege Trans it
Center, signalization at certain intersections, modifications to the Palomar
Trolley Station, etc.). A detailed discussion of the Phase I and Phase II
recommendat ions on a route by route bas is, begi ns on page 12 of the MTDB
Report. However, since the Phase I recommendat ions wi 11 be proposed in the
FYl991-92 SCOOT budget, staff will discuss these proposed changes in more
detail. The attached map shows the recommended Phase I recommendations; the
attached table presents some of the major operations impacts of these
recommendations, including proposed frequency of service, bus utilization, and
annual miles operated.
In addition to providing more frequent service and improved scheduling
consistency, the plan concentrates more CVT service at Palomar Station. This
focus on Palomar Stat i on wi 11 improve servi ce for resi dents in the southern
part of Chula Vista by providing more direct access to the trolley, and
increased servi ce for I oca I tri ps. With regard to the deve I opi ng areas east
of I-80S, the plan concentrates on more direct line haul service in major
corridors with improved service frequency. Recent surveys conducted on board
CVT indicate that more frequent service is the most requested service
improvement. Therefore, rather than starting new routes on many streets
ope rat i ng on one hour or greater headways, the pI an attempts to i dent i fy
"opportunity corridors" and to provide direct, frequent service which can be
increased as the area develops.
Following is a discussion of the Phase I recommendations by route:
Route 701: The major changes to route 701 occur in the southern part of the
city. Service is expanded along Main and Anita Streets and the route is
proposed to terminate at the Palomar Trolley Station. The frequency of
operation would be on a 30 minute clock headway compared with the current 35
mi nute i rregul ar headway. There wi 11 be a servi ce reduction on a port i on of
Palomar, Second Avenue, Quintard and Hilltop Drive; however, alternate service
will be provided by the re-structured route 703.
Route 702/702A; The main changes to Route 702/702A are: 702A (the divers i on
to D Street and Broadway) is eliminated; the route no longer operates north of
H Street to F Street; and the four time daily service from Palomar Trolley
Station to the trailer park on Industrial Boulevard is eliminated. The 702A
diversion to D Street was eliminated because of low ridership and because the
J~-1-
Page 3,
Meeting
Item~
Date 1/22/91
initial reason for this service no longer exists. 702A was started a few
years ago when San Di ego Trans i t Route 32 termi nated at the H Street Stat i on
and there was no service on Broadway north of H Street. Since that time,
Route 932 started operating which serves Broadway in Chula Vista and National
Avenue in National City. Therefore, passengers in the area now served by 702A
can ride Route 932, San Diego Transit Route 29 on Fourth Avenue, or CVT Route
705 on E Street. Servi ce to F Street was el imi nated to provide more di rect
service to the H Street Station and because ridership surveys indicate
considerable more ridership to destinations along F Street on Route 701, which
is proposed for increased servi ce under the Pl an. The extens i on to the
trailer park from Palomar Station is operated four times daily but carries an
average of only three people daily. The restructuring of Route 702/702A will
result in more direct service for local riders and riders connecting to the
trolley, and will also make scheduling this route on a consistent clock
headway feasible. Currently, Route 702 operates on an approximate 75 minute
headway and Route 702A an 80 mi nute headway; under the proposal, Route 702
will run on a clock headway of 45 minutes.
Route 703: Route 703 is restructured to serve both the Hand Palomar Street
Stations, and a new area on Orange Avenue. The present end-of-the-line loop
is eliminated to improve service directness. The routing is also changed to
serve H Street in front of the Chul a Vi sta Center instead of access i ng the
Center from I Street. This change will serve the Center better and also more
destinations along H Street. Elimination of service on a portion of Oleander,
Palomar and Melrose will have minimum impact on current riders, since
passengers can access the new routes 701, 702 or 703. Route 703 currently
operates on an irregular headway of approximately 75 minutes. Under the
proposed plan, 703 would operate on a peak (morning and afternoon) headway of
30 minutes and an off peak headway of 45 minutes.
Route 704: Route 704 would not change under Phase I.
Route 705/705A: Route 705/705A was the lowest CVT performer in terms of
passengers per mile in FYI989-90. The route carried 1.33 passengers per mile
(system average was 2.06) and the recovery ratio was 29 percent (system
average was 43 percent). The recommendations for Route 705 are: make Route
705 a more direct service between the Bayfront Station and the eastern areas
by operating on Bonita Road instead of Bonita Mesa Road and Sweetwater Road;
operate a peak headway of 30 minutes and an off peak headway of 60 minutes,
wi th the intent of encouragi ng more commuter ri dershi p, part i cul arly in the
newly developing area of Rancho Del Rey near Otay lakes Road.
The changes to Route 705A are: Change Route 705A to 711 and operate on clock
headway of 40 minutes between Southwestern College and Plaza Bonita via Corral
Canyon road, Sweetwater Road and Bonita Mesa Road. The restructuring of this
route, which operates largely in the unincorporated area, would provide more
frequent service for residents along Corral Canyon, and would offer timed
transfer options with Route 705 on Bonita Road and Plaza Bonita, and with all
the Nat i ona 1 City Trans it routes at Pl aza Boni ta. Passengers wi 11 be abl e to
access the San Diego Trolley at either the Bayfront Station or the 24th Street
Station in National City.
;l{-3
Page 4, Item ~ ~
Meeting Date 1/22/91
Route 706/706A: No change is proposed under Phase I.
Route 707: The only change proposed to Route 707 under Phase I would be to
terminate the route at Southwestern College and eliminate service along east H
Street to the Eastlake area. This change would allow Route 707 to operate on
a 60 minute clock headway; however, this change is not proposed until January
1992, and is contingent on the implementation on new Route 709 which would
serve Eastlake and H Street formerly covered by Route 707.
Route 708: No change proposed for under Phase I.
Route 709: Route 709 is a new route on H Street, operat i ng between the H
Street Station, Southwestern Coll ege, and the Eastl ake area. It is proposed
that initially the route would operate on a 30 minute peak headway, and a 60
minute off peak, with future service expansion in the H Street corridor to a
15 minute peak headway and 30 minute off peak. The implementation of this
route is proposed tentat i vely for January 1992 instead of July 1991 for the
following reasons: construction of a bus pull-in west of Hidden Vista Drive
on H Street is needed to allow the Route 709 bus to stop safely at this
intersection. This pull-in will be proposed in next year's CIP. Staff also
will investigate further the feasibility of Park and Ride locations on east H
Street to provi de access opt ions for future 709 passengers. Fi na 11 y, the
route will serve future development anticipated in the Eastlake area,
particularly the Eastlake Business Park.
The proposed Phase I CVT Plan reflects annual miles operated of approximately
one million, an increase of 53 percent over this fiscal year. The estimated
City of Chula Vista Transportation Development Act (TDA) 4.0 apportionment for
next fi scal year, not i ncl udi ng reserve funds, is $2.8 mi 11 ion. Cons i deri ng
the estimated operations cost for next fiscal year, and a reduction in the
farebox recovery rat i 0 to 35 percent from the present 43 percent, suffi ci ent
funds will be available to operate the service recommended under Phase I. An
i nit i a 1 reduction in the CVT system farebox recovery rat i 0 is assumed for
planning purposes, since new and more frequent services introduced might take
time to build ridership; however, it is anticipated that the service changes
recommended would result in future productively increases by attracting new
riders and encouraging current riders to use the system more often.
Phase II proposals include the following recommendations:
Start a new route between the Palomar Station and Southwestern college
via Palomar Street, Naples and Telegraph Canyon Road;
Change Route 704 to operate between the Bayfront Trolley Stat i on and
Palomar Station along Fourth Avenue, thus eliminating service to
Southwestern Coll ege (servi ce to Southwestern Coll ege woul d be
provided primarily by Route 709 service on H Street, Route 705 and the
new route from Palomar Trolley Station.);
.J.t/ -y
Page 5, Item ~"
Meeting Date 1/22/91
. Consider changes to Route 707 which would include; elimination of the
route, or restructuring the route to terminate at Community Hospital.
- As part of Phase II, staff will also reevaluate the changes made in
Phase I and recommend modifications as warranted.
FISCAL IMPACT: Sufficient TOA 4.0 funds will be available to implement
Phase I CVl services in FY 1991-92. Based on current preliminary cost
estimates for next fiscal year, CVl operations {including Phase I
recommendation} would account for an estimated $1.7 million in lOA 4.0 funds,
leaving a balance of $1.1 million for FY 1991-92. This amount, added to prior
years' unallocated funds, will result in a City of Chula Vista TOA 4.0
estimated fund balance of $5.2 million.
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CHULA VISTA TRANSIT STUDY
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Prepared by
San Diego Metropolitan Transit Development Board
in Cooperation with the Chula Vista Transit System
and Crain and Associates Consultants
December 1990
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MTDB
Metropolitan Transit Development Board
,&
1255 Imperial Avenue, Suite 1000
San Diego, CA 92101.7490
(619) 231.1466
FAX (619) 234-3407
Agenda
Board of Directors Meeting
Item No. ~
T 461. 6
December 13, 1990
Subject:
CHULA VISTA TRANSIT STUDY DRAFT REPORT
INTRODUCTION:
In cooperation with Chula Vista Transit staff, and with the
assistance of Crain and Associates, we managed a technical study
of the existing transit system in the City of Chula Vista.
This item summarizes the draft report findings and recommendations
for the Chula Vista Transit Study. The next step would be for the
report to be taken to the Chula Vista City Council for their
review and action. Once this report has been finalized by the
Chula Vista City Council, it is intended that the recommendations
from the study would be incorporated into our Short Range Transit
Plan.
RECOMMENDATION:
That the MTD Board of Directors accept the Chula Vista Transit
Study.Draft Report and refer it to the City of Chula Vista for
consideration.
Budoet Imoact
None. However, the proposed service changes associated with the
recommended plan would increase Chula Vista Transit's (CVT)
operating revenue miles by 50 percent and raise the CVT total
operating costs from $1.1 million to $l.B million. The City of
Chula Vista's apportionment of Transportation Development Act
funds for FY 1992 is projected at $2.8 million.
DISCUSSION;
The Chula Vista Transit Study was prompted by the continuing
development in the City of Chula Vista and the need to serve this
area with transit. The overall result of the study
recommendations is an improvement in the frequency, directness,
and convenience of transit service in Chula Vista. The
recommended route system is shown in Attachment A.
Member AgenCieS: ::J " ~ ,
C,ty of Chula Vista Gill' of Coronado. City of EI Cajon, City allmperlal Beach, c~ La Mesa, City of Lemon Grove. Gill' 01 National City, City of Poway City 01 San Diego c!. :'
Santee. County 01 San Diego. State of California
Metropolitan TranSit Development Board 1$ Coordinator of the Metropolitan TranSit System and 1$ Regulatory Authority for '. ParalranSl1 AdminiStration
SubSidiary Corporations . San Diego TranSit Corporation " San Diego TrOlley. Inc and " San Diego & Arizona Eastern Railway Company
Route 704
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Route 701
The out-of-direction (000) along Palomar Street, Second Avenue,
and Quintard Street would be eliminated. The end-of-the line loop
on Route 701 would be more effective going into the Palomar Street
Station, providing direct access to the Trolley from the
Rancho Drive area and adding new service to Main Street.
Route 702
The Route 702A 000 to 0 Street and the Route 702 service to the
Brentwood Trailer Park would be eliminated, as these segments are
not productive and are within walking distances of transit; all
buses on this route would operate directly out of H Street.
Route 703
The Route 703 would be rerouted on the northern end to continue
along H Street to Third Avenue, which is expected to produce
better ridership. This change would also provide transit service
along the presently unserved Orange Avenue. The southern end-of-
the-line loop would be eliminated and the route would terminate at
the Palomar Street Station.
This route is recommended for substantial change, in that much of
the route would be replaced by a new Route 709. Presently, two
routes, Routes 704 and 707, provide a connection from the H Street
Station to Southwestern College. It is recommended that one of
these routes connect with Palomar Street Station to accommodate
the many trips coming from the south. The new Route 709 would
provide this function operating along Palomar Street to
Hilltop Drive and then follow the present Route 704 routing, with
the exception of the end-of-the-line loop. This loop would be
eliminated due to low ridership.
The Route 704 would be rerouted from Bayfront/E Street Station,
along F Street, Fourth Avenue, Naples Avenue, Broadway, and
Palomar Street to the Palomar Street Station. The new routing
would provide north-south service between Palomar Street and
E Street through Central Chula Vista.
Routes 705/705A
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The overall recommendation is to maintain separate alignments for
Routes 705 and 705A. The Route 705A would be renumbered as 711.
The following changes are aimed at making these routes more cost-
effective and more attractive to riders. The Route 705 would
operate between Bayfront/E Street Station and Southwestern College
using Otay Lakes Road. The Route 705 would also serve the Plaza
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Bonita Shopping Center on all trips except those during the
morning peak hours. The Route 711 would operate between Plaza
Bonita Shopping Center and Southwestern College, using Bonita Mesa
and Sweetwater roads, and then resume the present Route 70SA
alignment. This would allow a standard headway to be operated
cost-effectively at all times.
Route 707
Ouito the high success of direct trips to Southwestern College
currently being operated on Route 707 and the growing transit
needs in the Eastlake community, the study recommends that
Route 707 be changed to operate as a semi-express route between
H Street Station, Southwestern College, and Eastlake residential
and business areas. This route would provide direct service to
the college for students and to the Eastlake Business Park for
commuters. On the return trip, it would provide access to the
Trolley from Eastlake and communities adjacent to H Street through
the possible use of park-and-ride locations.
As part of this change, service along Paseo del Rey, East
J Street, and Paseo Ladera and along Hidden Vista and Smoky Circle
would be eliminated. The riderships along these segments are low
and these 000 routings add considerably to the overall travel time
of the route, reducing its effectiveness.
Service Freauencies
A summary of the recommended service headways is presented in
Attachment B. The recommended service headways will require
18 peak standard buses, in addition to the three small buses used
on the speCialty routes. Based on a near-term planned fleet of 23
standard buses, a maximum peak of 22 buses can be reliably
operated.
CaDi tal ImDrovements
Capital improvements associated with the recommended service
changes would include the addition of four bus berths at the
Palomar Street Station, the possible addition of a left turn phase
for the movement from westbound Palomar Street to southbound
Industrial Boulevard, several pOSSible locations for park-and-ride
lots to serve the recommended Route 707, curb cuts on H Street at
Terra Nova Plaza for the Route 707, and completion of the
Southwestern College Transit Center.
Conclusion
The draft report, presented in Attachment C, will be taken to the
Chula Vista City Council for its consideration and approval.
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TABLE OF CONTENTS
Paqe
INTRODUCTION
1
AREA AND TRANSIT SYSTEM BACKGROUND
Existing Transit Service
1
1
2
4
City of Chula Vista
CVT Ridership and Efficiency
EXISTING AND FUTURE TRANSIT DEMAND
Transit Demand Within Chula Vista
4
4
7
Transit Demand to Areas Outside Chula Vista
TIMETABLE ANALYSIS
7
ROUTE-BY-ROUTE ANALYSIS AND RECOMMENDATIONS
Service Change Goals and Objectives
12
12
13
20
20
20
Service Change Recommendations
Impact of Recommended Changes on Current Riders
Future Service Issues
Service Frequencies
CAPITAL IMPROVEMENTS
24
IMPLEMENTATION PHASING AND COSTS
25
CONCLUSION
27
APPENDIX - MTDB Transit Development Goals and Objectives
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No.
1
2
3
4
5
6
7
No.
1
2
3
4
5
List of Figures
Description
Chula Vista Transit Existing Service
Transit Share within Chula Vista
Transit Share to Areas Outside Chula Vista
Route 701 Timepoints
H Street Station Bus to Trolley Meets
Recommended Chula Vista Transit Route System
Relationship of Recommended Service Changes to Study Objectives
List of Tables
Description
Chula Vista Transit Performance Indicators
Chula Vista Transit - Existing Operations
Impact of Recommended Changes on Current Riders
Proposed Service Parameters
Chula Vista Transit Five-Year Plan
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6
8
10
11
14
28
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CHULA VISTA TRANSIT STUDY
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Bonita Shopping Center on all trips except those during the
morning peak hours. The Route 711 would operate between Plaza
Bonita Shopping Center and Southwestern College, using Bonita Mesa
and Sweetwater roads, and then resume the present Route 705A
alignment. This would allow a standard headway to be operated
cost-effectively at all times.
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Route 707
Due to the high success of direct trips to Southwestern College
currently being operated on Route 707 and the growing transit
needs in the Eastlake community, the study recommends that
Route 707 be changed to operate as a semi-express route between
H Street Station, Southwestern College, and Eastlake residential
and business areas. This route would provide direct service to
the college for students and to the Eastlake Business Park for
commuters. On the return trip, it would provide access to the
Trolley from Eastlake and communities adjacent to H Street through
the possible use of park-and-ride locations.
As part of this change, service along Paseo del Rey, East
J Street, and Paseo Ladera and along Hidden Vista and Smoky Circle
would be eliminated. The riderships along these segments are low
and these 000 routings add considerably to the overall travel time
of the route, reducing its effectiveness.
I
Service Freauencies
A summary of the recommended service headways is presented in
Attachment B. The recommended service headways will require
18 peak standard buses, in addition to the three small buses used
on the specialty routes. Based on a near-term planned fleet of 23
standard buses, a maximum peak of 22 buses can be reliably
operated.
CaDi tal ImDrovements
Capital improvements associated with the recommended service
changes would include the addition of four bus berths at the
Palomar Street Station, the possible addition of a left turn phase
for the movement from westbound Palomar Street to southbound
Industrial Boulevard, several possible locations for park-and-ride
lots to serve the recommended Route 707, curb cuts on H Street at
Terra Nova Plaza for the Route 707, and completion of the
Southwestern College Transit Center.
Conclusion
The draft report, presented in Attachment C, will be taken to the
Chula Vista City Council for its consideration and approval.
-3-
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Attachments: A. Recommended Chula Vista Transit
Route System
B. Proposed Service Parameters
C. Chula Vista Transit Study Draft Report
Board
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Implementation of the service changes could begin as early as
July 1991.
~').~
Thomas F. Larwin
General Manager
TFL:PADuve;pad:rlb
AI-DEC13.#12
11/20/90
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CHULA VISTA TRANSIT STUDY
INTRODUCTION
The City of Chula Vista requested the Metropolitan Transit Development Board
(MTDB) conduct a study of its transit system, Chula Vista Transit (CVT) which
is operated by South Coast Organization Operating Transit (SCOOT). The
project study team consisted of MTDB Planning Staff, CVT Staff, and Crain and
Associates, an outside consultant.
The study began with the general objectives to determine how to meet
increasing demand for transit and to serve existing riders better. (As the
study progressed, these objectives were further defined to guide service
change recommendations and are discussed later in this report.)
The continuing growth in population and development in Chula Vista provides an
opportunity for CVT to respond to potential new ridership for the system,
particularly in the area east of I-80S. This study evaluates what types of
new services are needed to serve this new ridership and how new services will
fit into the existing system.
AREA AND TRANSIT SYSTEM BACKGROUND
Citv of Chula Vista
The City of Chula Vista is centrally located within the South Bay area of the
San Diego metropolitan area. Approximately 132,000 people live in this city
of traditional residential areas and newly emerging neighborhoods. The area
enjoys diverse community character, bayfront location, good access to the
metropolitan region, and tremendous undeveloped land areas.
Chu1a Vista is the second largest city in San Diego County after the City of
San Diego. Although Chula Vista, within its city boundaries, is slightly more
urbanized than average among the 18 incorporated cities in San Diego County,
it contains a balanced mix of land uses and is not characterized by an extreme
concentration of any use.
The Chula Vista General Plan refers to a target population of 209,400 at
buildout, which is expected to take place after the year 2005. This
represents a Sg percent increase over the 1986 population. The bulk of this
expansion is taking place in the area of the city east of I-80S, described as
the Sweetwater and Eastern Territories in the General Plan.
New residential developments in the Sweetwater and Eastern Territories include
Bonita Long Canyon, Bonita Meadows, EastLake, E1 Rancho Del Rey,
Rancho San Miguel, Salt Creek Ranch, and Sunbow. At bui1dout, developments
will have added over 23,000 residences to the Chula Vista area. The
E1 Rancho Del Rey development includes a business park. The EastLake
development includes 250 acres of industrial uses and 100 acres of
commercial/office uses.
).V.../7
Long-range plans include a new regional bus route and a possible new light
rail line for the South Bay area. Bus Route 930, programmed for
implementation during FY 1993, would operate along I-80S either from the
Iris Avenue Station or from Chula Vista to Kearny Mesa. The San Diego
Association of Governments (SANDAG) is currently conducting a South Bay Rail
Transit Extension Study. Appropriate adjustments could be proposed to
recommendations of the Chula Vista Transit Study to connect with the rail
extension as an alternative is selected and built.
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Outside of the immediate scope of this study, yet taken into consideration for
future expansion of the CVT system, is the Otay Ranch development. Otay Ranch
is a 23,OOO-acre development along Telegraph Canyon Road currently being
planned by the Baldwin Company. This development will provide residential
units, regional retail facilities, commercial offices, public recreation
facilities, a 170-acre university site, the proposed Olympic Training Center,
and resort areas.
Existinq Transit Service
The Chula Vista area is served by Chula Vista Transit (CVT), San Diego
Trolley's South light rail line, San Diego Transit bus Route 29, and MTDB
Contract Services bus Route 932 (operated as Transportes Amarillo y Rosa).
The City of Chula Vista also operates a curb-to-curb demand-responsive service
called HandY trans for senior and disabled residents in the City.
CVT, the third largest bus operator within the MTDB jurisdiction, is operated
by South Coast Organization Operating Transit (SCOOT), a joint powers agency
formed by the City of Chula Vista and the County of San Diego. The fleet of
22 buses, including four trackless trolleys, is owned by SCOOT. SCOOT has a
contract with a private contractor, American Transit Corporation, to provide
drivers and maintenance of the fleet, but planning and management functions
are performed by City of Chula Vista staff.
CVT operates nine bus routes throughout the City of Chula Vista and the
unincorporated community of Bonita. (For this study, Routes 702 and 702A are
considered one route, as are Routes 706 and 706A.) The existing route system
is shown in Figure 1. The South Trolley Line and bus Routes 29 and 932 run
north and south through the City of Chula Vista, connecting National City and
Centre City San Diego to the north and the Palm City and San Ysidro areas to
the south. CVT.routes connect with the South Line Trolley at
Bayfront/E Street, H Street, and Palomar Street Trolley Stations.
Approximately 55 percent of CVT's ridership transfers with the Trolley.
The Sweetwater Union High School District participates in a "Magnet School
Program," where students may choose which school they attend. As a result,
there is considerable travel from the Trolley to schools in the Chula Vista
area, as well as travel to these schools from the nearby residential areas.
Over 18 percent of the transit riders on the CVT system are secondary school
students.
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CVT Ridershio and Efficiencv
The CVT System is a successful operation which has been experiencing
considerable growth over the past few years. Performance indicators for the
CVT System for Fiscal Years (FY) 1988, 1989, and 1990 are shown in Table 1.
Ridership on the CVT System increased over 20 percent from FY 1988 to FY 1989,
and close to 19 percent from FY 1989 to FY 1990. The increases are higher
than the Metropolitan Transit System (MTS) annual ridership increases, which
were 17 percent from FY 1988 to FY 1989, and 18 percent from FY 1989 to
FY 1990.
The current CVT System is cost-effective and efficient. CVT's farebox
recovery rates (fare revenue divided by operating cost) for these same fiscal
years show positive growth as well. These positive increases in the CVT
fare box recovery rate indicate that the system is handling more and more
riders with minimal increases in cost.
Operating costs have increased only marginally in the recent past (less than
one percent from FY 1989-1990), while fare revenue has increased substantially
(24 percent in the same time period).
EXISTING AND FUTURE TRANSIT DEMAND
The following section discusses the findings of a trip demand analysis which
shows transit's share of the market of total person trips between regions
within Chula Vista and from Chula Vista to other areas outside Chula Vista.
The travel demand analysis was conducted to examine existing and projected
transit demand in the CVT area using SANDAG trip data.
Transit Demand within Chula Vista
Traffic analysis zones within the City of Chula Vista were combined into four
major travel regions: northwest, northeast, southwest, and southeast. Trips
were analyzed within and between these zones for the years 1985 and 2010 for
both peak periods and all day.
Figure 2 shows the transit share of total trips within the City of Chula Vista
during the peak periods, and all day during the years 1985 and 2010. In 1985,
CVT did a good job of capturing peak period trips on transit, with two percent
of total trips. (Two percent is the average transit share of the total trip
market in the MTDB area.) Peak period trips within the southeast region and
between the southeast and northeast regions fell below this mark. For all
day, however, all categories were well below two percent of the total trip
market. The same holds true for trips projected for the year 2010.
The high use of transit in the northwest and southwest regions during 1985
matches demographic characteristics of these regions, particularly for
household income and auto availability. The northwest and southwest regions
were prime markets for transit in 1985, with 50.8 and 44.2 percent of the
population in these regions, respectively, at an income level less than
$15,000. The northwest region had the highest potential for transit usage,
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Revenue Hours
41,968
42,359
46,232
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TABLE 1
CHULA VISTA TRANSIT PERFORMANCE INDICATORS
IINDICATOR FY 88 FY89 FY90
Total Passengers 949,618 1,142,301 1,358,496
Revenue Miles 599,730 599,646 657,337
Operating Cost $1,132,700 $1,292,391 $1,432,356
Farebox Recovery Ratio 33.8% 38,3% 43.0%
Operating Cost Per Revenue Mile $1,89 $2.16 $2.18
Subsidy Per Total Passenger $0,79 $0.70 $0,60
Total Passenger Per Vehicle Mile 1,58 1.90 2.07
Farebox Revenue . $382,855 $495,263 $616.504
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with 13.8 percent of the population in this region without the use of a car
and 43.0 percent with only one car. Both of these factors and the travel
demand data confirm the successful core CVT service area west of 1-805.
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Transit Demand to Areas Outside Chula Vista
Figure 3 shows the transit market share of 1985 and 2010 total trips for the
peak periods and all day for trips from Chula Vista to various regional
centers outside Chula Vista. During 1985, transit had an underserved market
during the peak period for trips from Chula Vista to North City San Diego and
to East San Diego County. This situation is expected to improve for the year
2010 with the addition of new services in the region; however, transit service
to East San Diego County would still be underserved. Considering all-day
trips, transit held a strong market share of trips from Chula Vista to
Centre City San Diego during 1985. Trips to other regional centers in 1985,
however, show underserved transit markets. This situation is projected to
continue for trips in the year 2010.
TIMETABLE ANALYSIS
Table 2 shows the components of the existing CVT System, summarlzlng one-way
route miles, running times, buses required and headways by route. Five of the
nine routes currently operate at long headways (time between buses) of one
hour or more during the peak periods (6:00 to 9:00 a.m. and 3;00 to
6;00 p.m.). All routes offer limited Saturday service, while three of the
nine offer Sunday service. For the most part, CVT routes have uneven and
varying headways (time between buses).
CVT routes are scheduled to coordinate with major traffic generators,
including: the. Trolley at three stations, Southwestern College, and secondary
school starting and ending times. It is extremely difficult to meet all of
these connections without variations in running times and layovers.
For the most part, CVT routes follow an uneven pattern of arrivals and
departures at the selected timepoints. In other words, the time that the
first bus passes a timepoint during one hour is different from the time the
next bus passes the same timepoint, and so on. Figure 4 shows the varying
times Route 701 reaches three timepoints during part of the day.
Figure 5 shows bus to trolley connections at the H Street Station for CVT
routes. The times that CVT routes are available to transferring passengers at
this major transfer point vary throughout the day. This variety of
possibilities makes the timing of transfers among several routes difficult for
CVT. It also makes trip planning relatively complicated for the passenger,
and could discourage a person from using transit.
While achieving "clock headways" (schedules where all buses on a route reach
timepoints at the same time during each hour) may not be possible for all CVT
routes, more consistent arrivals and departures at major timepoints could make
the system more convenient.
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CHULA VISTA TRANSIT - EXISTING OPERATIONS r
ONE-WAY ONE-WAY #OF HEADWAY (minutes) r
ROUTE ROUTE RUNNING BUSES MON-FRI MON-FRI
NO. MILES TIME (min) REQUIRED PEAK OFF-PEAK SAT SUN
701 8,6 28-36 (a) 2 23-46 25-63 66-82 66-82 I
702 7.7 33-40 1 74-86 65-88 r
702A 9.3 36 1 78-90 80-90 78-90
703 10,0 21/37 (b) 1 62-94 55-75 55-94 [
704 10.1 26-28 1-2 60-67 57-70 57-70 r
705 9,1 27-35 (c) 1 69-78 58-78 67-78
705A 10,0 37-46 (d) 2 82-105 95-100 l
706 5.1 35 1 20 20 20 I
706A 5.7 35-47 (e) 1 40-61 40-61
707 8,9 19-38 (f) 1 60-83 64-82 60-83 l
708 1.4 8 2 20 20 20 20 l
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NOTES: (a) Rt 701 running time inbound is 28 minutes, outbound varies from 30-36 minutes.
(b) Trips which do not serve Community Hospital are 21 minutes. l
(c) Inbound trips are 27-28 minutes, outbound trips 32-35 minutes,
(d) Trips entering Villa Bonita senior residence, 43-46 minutes,
(e) Four trips serve Chula Vista R, V, Park and KOA Campground. L
(f) Inbound 27 min, 37 from East/ake; outbound 30 min, 38 to Eastlake;
Two morning express trips to Southwestern College, 19 minutes,
CVTSTAT1,PAD t
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ROUTE-BY-ROUTE ANALYSIS AND RECOMMENDATIONS
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The findings from the timetable-analysis identified goals which could have
required considerable change to the existing CVT system. To verify these
fi ndi ngs and provi de expe-rt'ge-i n rout i ng- and'- schedllTi ng changes, era i nand
Associates, an outside consultant, was called in to assist with the study.
Service Chanqe Goals and Obiectives
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As a first step in the process, Crain and Associates worked with MTDB and CVT
staff on the following goals for developing the improved services:
o Offer a viable alternative to the automobile
o Provide mobility for transit-dependent residents
o Balance local and regional travel needs
o Be cost-effective.
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These goals prompted the development of the following specific objectives for
the service review:
o Minimize disruptions for current passengers, especially those utilizing
productive routes operating west of 1-805.
o Improve internal Chula Vista travel opportunities by enhancing transfer
connections between CVT routes through the development of:
Timed transfers at the H Street Station, and
Standard frequency intervals of 15/30/60 minutes (clock headways).
o Improve service frequencies with the goal of 3D-minute peak and
60-minute base service.
o Improve service directness and reduce travel times to key work commuter
destinations, especially from east of I-80S.
o Improve opportunities for student travel to secondary schools and the
college within Chula Vista.
o Improve east-west service across south Chula Vista, including better
access to Palomar Street Station.
o Maintain or improve existing service cost-effectiveness by optimizing
round trip cycle times to the clock headway objective, identifying more
productive alignments, and increasing opportunities for generating
bi-directional ridership.
The goals and objectives developed for the Chula Vista Transit Study are
consistent with the Transit Development Goals and Objectives (TDOs) adopted by
the MTDB. The TDOs, included in the appendix of this report, form the basis
for the service improvements to transit operations in the MTDB area.
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o Ouintard lOOD. This 000, which currently operates all day, was reviewed
based on both ridership and its impact on overall route directness. The
working session ended with a recommendation not to operate the 000 all
day. Further investigation by CVT indicated that with concurrent
changes to Route 703 on Orange Avenue this 000 could be eliminated.
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Service ChanQe Recommendations
Keeping in mind the goals and objectives listed above, Crain and Associates
reviewed the operations of each CVT route and made the following
recommendations. While the recommended changes principally focus on the
developing eastern region of Chula Vista characterized by low density suburban
development, several changes are also proposed for the successful core CVT
service area west of I-80S. The recommended system is shown in Figure 6.
Route 701. Route 701 is an excellent performer for CVT with nearly
2.2 passengers per revenue mile and a fare box recovery rate of 49.6 percent.
During FY 90, the CVT system passengers per revenue mile was 2.07 and the
fare box recovery rate was 43 percent. The main issue for Route 701 was the
directness of service. These issues were investigated for possible action:
o Downtown F Street 000. After reviewing the net impacts of both the
portion of the route where the route travels out-of-direction (000) in
downtown along F Street and the similar 000 on Route 702, it was
recommended that the alignment for Route 701 be retained while the 000
on Route 702 be discontinued. The directness of service would be
enhanced as a result.
o EOl loop. The end-of-the-line loop was found to be inconvenient for
many riders and more optimal solutions were considered. The previously
identified need to provide enhanced east-west service in south
Chula Vista along Main Street and/or Orange Avenue provided an
opportunity to cost-effectively address the EOl loop. The
recommendation was to extend Route 701 via Main Street, Fourth Avenue,
Anita Street, and Industrial Boulevard to the Palomar station.
Route 702. Existing Route 702/702A is one of the best performing CVT routes,
at 2.40 passengers per revenue mile and a 50.7 percent farebox recovery rate.
Given this level of performance, only minor changes were considered for this
route. These included;
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o Downtown F Street ODDs. A review of the 702 and 702A ODDs revealed that
both were less productive than the Route 701 000. Much of the ridership
was between downtown and the H Street station, making Routes 701 and 706
attractive alternatives. Restructuring Route 702/702A to serve the
H Street Station directly and retaining Route 701 to serve Central
Chula Vista is recommended. This should result in improved directness
of service for Route 702, which would make travel times more attractive
to commuters and enable the round trip running time to be adjusted for
efficient operation of a 40-minute clock headway.
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EOL LOOD. The large end-of-the-line loop on Route 703 presents a major
disincentive to riders by requiring significant 000 travel for users in
at least one direction. In addition, the long travel time from the area
served by the loop to the H Street Trolley Station makes it non-
competitive as a journey-to-work mode. A review of ridership patterns
indicates that many parts of the loop are poorly patronized, with the
principal boarding locations along Sequoia Street, Brandywine Avenue,
Orange Avenue, and the north segment of Oleander Avenue. Accessing the
regional system via the Palomar Street Station would be considerably
faster. This would not only provide an attractive service for commuters
in the existing loop area, but would also introduce direct service for
the transit dependent neighborhoods along Orange Avenue.
Chula Vista Center Alianment. The present alignment of Route 703 takes
it behind Chula Vista Center and produces disappointing ridership. This
is not surprising considering that the alignment duplicates that of The
Downtowner (Route 706) and bypasses many of the key stops along
H Street, including Scripps Hospital and the southern part of downtown.
Given the mediocre performance of this route, the recommended rerouting
from J Street via Third Street to H Street should improve performance.
Route 704. Route 704 is an excellent performer, carrying 2.2 passengers per
revenue mile with a 54 percent farebox recovery ratio, the highest of the
regular routes. This good performance is the result of serving two principal
travel markets: student travel to Chula Vista High School and Del Rey High
School along Fourth Avenue, and student travel to Southwestern College.
Ridership to the high schools is primarily transfers from the Trolley at
H Street, while passengers to Southwestern College are a combination of
overflow from Route 707 at the H Street Station and local internal Chula Vista
residents from the area south of Naples Street. It was found that this route
effectively functioned as two routes, with ridership turning over almost
completely between Fourth Avenue and Naples Street. Three issues were
investigated at the work sessions for possible action:
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Extension to Industrial Boulevard. This extension from Palomar Street
Station is operated only four times daily during the midday period.
Given its impact on schedule efficiency and low ridership of
approximately three people daily, its discontinuance is recommended.
Route 703. Route 703 is currently a below average performer, with only
1.4 passengers per revenue mile and a fare box recovery rate of just over
30 percent. Two key issues were identified as having a major impact on the
routes low performance.
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o End-of-the-Line LOOD. It is expected that demand for transit service
directly along Telegraph Canyon Road will continue to grow, given the
future development of this area to the east and south. Expedition of
travel to and from Southwestern College through discontinuing the
Buena Vista Way loop is recommended. Service for residents would still
be available where Buena Vista intersects H Street. A traffic signal at
the intersection of Buena Vista Way and Telegraph Canyon Road would be
necessary to allow pedestrians access to transit along Telegraph
Canyon Road. Such a signal is currently being planned by the City of
Chula Vista; however, the timeframe is four years away.
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This led to the conclusion that breaking Route 704 into two routes would
more effectively match service with ridership needs: Route 704 to
operate along Fourth Avenue, and Route 709 to operate on an east-west
alignment across south Chula Vista between Palomar Street Station and
Southwestern College.
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o Southwestern Co11eoe Service From Palomar Street Station. As noted
above, Route 704 carries some of the overload ridership to Southwestern
College not carried on Route 707. Presently, all transfers from both
northbound and southbound trolleys are handled at H Street Station,
which frequently requires doub1eheading trips (running two buses
together) to Southwestern College. Also, as discussed above, Route 704
functions as two routes: one along Fourth Avenue and the other along
Naples to Southwestern College. At the same time, the need for
improving access to Southwestern College from both south Chu1a Vista and
areas outside of Chula Vista to the south was one of the objectives of
the service review.
o Improved Access to Bavfront/E Street Station from South Chula Vista.
Currently, no CVT route provides north-south service between Palomar and
E Street through central Chula Vista. The only existing north-south
services are provided by Routes 29 and 932, operating along Third Street
and Broadway, respectively, and the Trolley, operating parallel to
Interstate 5. None of these routes provides direct transit service to
such key destinations as the Civic Center and Scripps Hospital.
Operation of Route 704 along Fourth Avenue between the Bayfront/E Street
and Palomar stations would provide such a service. Concurrent with
extension of Route 704 service alon9 Fourth Street, consideration should
be given to changing the Route 932 Trolley connection in Chu1a Vista
from the Bayfront/E Street Station to the H Street Station. Route 932
would then connect with CVT's timed transfer with regional services at
thi s 1 ocat ion.
As this rerouting would take some service off of Naples Street, CVT conducted
a rider-origin survey to determine if riders would still be able to access
transit within reasonable walking distances. The survey showed that some
riders access transit by walking to Naples Street, and that it would be best
to retain service on Naples Street between Hilltop Drive and Melrose Avenue.
The new Route 709 has been routed to cover this need.
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Route 705/705A. The performance of Route 705/705A is the lowest in the CVT
system, with 1.33 passengers per revenue mile and a fare box recovery of just
29 percent. Ridership on both routes is focused in four areas:
o Bayfront/E Street Trolley Station
o Plaza Bonita
o Willow Street and Bonita Road intersection (Kaiser Clinic)
o Southwestern College
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During the work sessions, several issues were investigated at length in an
effort to identify ways of making the service more attractive to riders and,
as a result, more cost-effective and productive. These included:
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Plaza Bonita 000. Plaza Bonita is presently the only point where CVT
connects directly with National City Transit. While this 000 has
reasonably good patronage, the time delay of the deviation, particularly
for the morning commute, may be impacting through-ridership. It was
concluded that not operating into Plaza Bonita during the morning peak
commute period may improve the attractiveness of this service for
commuters.
o
Rutaers End-of-the-Line LOOD. Due to low ridership, the need to improve
connections with other CVT routes at Southwestern College, and the
desire to maintain flexibility for future route extensions to the south
into Otay Ranch, it is recommended that the Route 705 terminal loop be
discontinued and the route be terminated at Southwestern College.
Enhancina Service for Commuter/School Travel. Current services on
Route 705 are balanced between the 705 and 705A variants--which
diminishes the service's attractiveness to all potential riders with
fixed travel times. It was concluded that the Route 705 alignment, the
principal variant, needed streamlining to improve its travel time
relative to the automobile and make possible headway improvements more
cost-effective by establishing a standard 50-minute round trip running
time.
o
o Potential Rancho Del Rev 000. The possibility of penetrating
Rancho Del Rey with an 000 off of Route 705 is recommended for future
consideration, given its proximity to the end-of-the-line at
Southwestern College.
The overall recommendation is to maintain separate alignments for Routes 705
and 705A. It is further recommended that Route 705 operate directly between
Southwestern College and the Bayfront/E Street Station during morning peak
hours, with no out-of-direction travel. During the rest of the day, Route 705
would divert en route to Plaza Bonita via Plaza Bonita Road.
The recommendation for Route 705A, the weaker performer of the two, is to
operate between Plaza Bonita and Southwestern College via the Bonita Mesa 000
and then continue on the current alignment. This will allow a standard
headway of 60 minutes to be operated cost-effectively at all times. This
route would be renumbered Route 711. Timed connections between Routes 711 and
the streamlined Route 705 would be maintained at Bonita Road/Willow Street
during the peak periods; and, with National City Transit at Plaza Bonita
during the rest of the day.
Route 706. The Oowntowners, Routes 706/706A, are special purpose routes and
were not included in this service review, except where they impacted other CVT
service.
Route 707. Route 707 is below average at 1.54 passengers per revenue mile and
a 33 percent farebox recovery rate. The route is characterized by several 000
segments discussed below that improve accessibility, but also compromise
travel time attractiveness. The route's attractiveness is further handicapped
by infrequent service with headways at more than one hour. The principal
route destinations are the H Street Station and Southwestern College. The
following issues were considered during the work sessions;
-17~f(.. 33
The commuter market focuses on the 8,000-home residential
development east of Otay Lakes Road.
The reverse commuter market is comprised of both the established
strong demand for service between the Trolley and Southwestern
College and the new potential demand for service to the developing
business and industrial area near EastLake Parkway and Otay Lakes
Road.
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o Hidden Vista. Paseo Del Rev. and Aoache Drive ODDs. All three ODDs have
sparse ridership and impact through-riders by adding travel delays. One
of the OODs, Hidden Vista, exists primarily to provide a stop opposite
Terra Nova Plaza. Due to the low density of these areas and the
circuitous street patterns, these OODs are not productive.
In recognition of both the 000 impacts and the high demand for service
to Southwestern College, CVT staff has introduced "Peaker" service,
which operates express along H Street. The success of these trips
underlines the potential for a streamlined Route 707, especially since
the strongest potential peak commuter market is at EastLake, outbound of
the ODDs. As a result, the consensus was to discontinue these three
OODs in favor of streamlined operation of Route 707 exclusively on
H Street.
o EastLake Extension. Selected Route 707 trips presently extended past
Southwestern College to the EastLake area are surprisingly productive,
given the long travel times and indirectness of the service. This area
was identified as the prime short-term potential transit market for both
commuter and reverse commuter services:
These markets have demonstrated potential for more attractive services,
particularly during work and school commute periods. It was agreed that the
best approach to serving the street corridor would be to improve service
frequency and directness along the H Street corridor between H Street Station
and EastLake via Southwestern College.
The three main purposes of this route would be: (1) to take students to
Southwestern College and employees to the EastLake Business Center, (2) bring
commuters in from Eastlake to the Trolley in the morning and back to EastLake
in the afternoon, and (3) to serve the Rancho Del Rey area.
o Feeder Service. The establishment of feeder routes was considered to be
timed to specifically connect with the express bus in order to minimize
transfer time delays. The questionable market potential for feeder
service, in combination with the additional operating and capital costs,
made this alternative a second choice.
o Park-and-Ride/Kiss-and-Ride. The concept of operating a semi-express
service with the establishment of park-and-ride and kiss-and-ride
locations along the route was also considered. It could be likely that
park-and-ride locations would not be successful, as persons would choose
to continue their drive into downtown or the H Street Station.
Nevertheless, park-and-rides should be considered. These locations are
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supplemented by a limited number of additional stops with significant
potential ridership demand, .e.g., apartment complexes and shopping
centers. This type of route enables service to be focused in the key
commuter corridor with attractive frequencies operated cost-effectively.
Field work has identified several candidate locations along the route:
1. Eastlake Parkway at Otay Lakes Road (future park-and-ride)
2. Eastlake Drive at H Street (current stop)
3. Discovery Park on Buena Vista Way (park-and-ride)
4. Paseo Ranchero at H Street (apartments)
5. Paseo Del Rey (street frontage park-and-ride)
6. Terra Nova Plaza (park-and-ride)/Hidden Vista (residential)
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None of these locations would require significant capital improvements.
In fact, the only improvements necessary would be curb cuts at the
Terra Nova and, possibly, the Paseo Del Rey stops. It is noted that
these key boarding locations would not only serve the proposed semi-
express Route 707, but could also be utilized by the future Route 930 to
Kearny Mesa.
The summary recommendation for Route 707 is as follows:
o Beginning next fiscal year, leave Route 707 as it currently is, but
start limited express or direct service along the H Street Corridor in
the morning and evening peak periods only. This service would operate
between H Street Station, Southwestern College, and EastLake, perhaps,
three to four trips in the morning peak and afternoon peak.
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o Future plans for Route 707 include eliminating the current Route 707 to
Southwestern College and utilizing four buses in the morning and
afternoon peak period along H Street to Southwestern College and
EastLake and three buses in the mid-day, two of which would operate
between H'Street Station and Southwestern College and the third bus
which would operate between Southwestern College and the proposed
EastLake Transit Center at Eastlake Drive and Otay Lakes Road.
o Full implementation of this plan depends upon a number of factors,
including completion of the proposed Southwestern College Transit Center
and completion of the transit center at the EastLake Business Center.
Route 708. The Nature Center Shuttle, Route 708, is a special purpose route
and was not included in this service review.
Route 709. Route 709 is a proposed new route operating between Palomar Street
Station and Southwestern College via Palomar Street-Hilltop Drive-
Naples Street-Oleander Avenue-Telegraph Canyon Road-Otay Lakes Road. This
service would complement Route 702 on Palomar and Melrose with the schedules
alternating--each route operating every 60 minutes with an even 3D-minute
service on the combined alignment. Likewise, the future operation of a
IS-minute headway on the common trunk and 3D-minute service to each route is
possible. The proposed 60-minute initial service on Route 709 would be
augmented, as needed, by an additional tripper bus if overloads to
Southwestern College develop.
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Service Freauencies
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Imoact of Recommended Chanqes on Current Riders
Table 3 shows the impact on current riders for route segments being
recommended for change. In all cases, current riders are either served by
another route or have transit within a I/2-mile walking distance.
Future Service Issues
Future Chula Vista transit needs were also considered during the work
sessions. These primarily focused on three areas.
o Rancho Del Rev. The residential community of Rancho Del Rey was
considered for several types of service, including regular line haul,
feeder, and DART-style. At this time, the recommendation was not to
introduce direct local service, but to provide a high quality commuter
service along both H Street (Route 707) and Otay Lakes Road (Route 705).
The Route 707 semi-express service will serve a proposed park-and-ride
facility at Discovery Park on Buena Vista Way in Rancho Del Rey. One
possible future alignment for local service currently under development
is Hidden Vista Drive-Ridgeback-Rancho Del Rey Parkway.
o Otav Ranch. The 22,000-acre Otay Ranch development south of
Telegraph Canyon and Otay lakes Roads in San Diego County is currently
in the planning stages only. However, the CVT service improvements
proposed above were designed to provide flexibility in meeting future
needs in this area. Route extensions south from Otay lakes Road
(Routes 705/711) would be possible with the route alignments proposed
earlier. A new route extended east along Orange Avenue would be
possible in the future.
o Eastlake -Business Park/Otav lakes Road. The Route 707 service proposed
above includes first-time service east on Otay lakes Road to the new
Eastlake Business Park. As this area continues to develop in the
future, changes in the terminal alignment for Route 707 would be
feasible.
One of the principal objectives of the service review was to develop clock
frequencies for CVT routes. This was undertaken both to present the customer
with easier-to-remember and easier-to-use schedules and to facilitate the
establishment of a timed transfer meet at the H Street Trolley Station. In
most cases, this was accomplished while maintaining present cost-
effectiveness. A summary of proposed service headways is presented in
Table 4.
The proposed service headways will require 19 peak standard buses, in addition
to the three small buses used on the specialty routes. Based on a near-term
planned fleet of 23 standard buses, a maximum peak of 22 buses can be reliably
operated.
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r PROPOSED SERVICE PARAMETERS
r
I 701 23-46 30 25-63 30 90 3
702 74-86 30 65-88 60 40 2
f 703 78-90 30 80-90 60 60 3
I 704 60-67 40 57-70 40 40 1
705
69-78 30 58-78 60 60 2
I 706 20 20 20 20 40 2
706A 40-61 40 40-61 40 40 1
! 707 60-83 15 64-82 30 60 4
! 708 20 20 20 20 20 1
709 30 60 60 2
I 711 82-105 40 95-100 40 30 1
;
One of the two buses assigned to Route 706 is a trolley-type, as is
Route 706A's single bus. Route 708 operates one Flxette bus. These three
buses are not counted in the total peak bus requirement of standard transit
buses (Orions).
PAD:lst/kw
T-3-CVT.PAD
12/18/90
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CAPITAL IMPROVEMENTS
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The proposed service enhancements would require the following capital
improvements. The agency noted in parenthesis after each project would have
the main responsibility for developing that project.
o Palomar Street Station Bus Berths IMTDB1. Presently, Palomar Street
Station is striped for just the Route 702 bus. The proposed service
changes call for operation of five routes into Palomar Street Station,
with a total of four bus berths required (Routes 702 and 709 would share
a berth). A field investigation of the station layout presents a cost-
effective option for expansion of the number of bus berths.
Relocate the kiss-and-ride parking a short distance north to the
unused area also fronting the trolley tracks. This will not
diminish the number of short-term parking spaces while, at the
same time, will free the closer space of the higher volume
trolley-to-bus movements. In addition, the field investigation
revealed that the dedicated short-term parking was currently
augmented during the p.m. peak period by 15-25 additional long-
term spaces vacated by the first returning commuters in the
afternoon.
Preparation of the current kiss-and-ride parking area for three
additional bus berths would involve re-striping, sign posting, and
possibly shelter installation. At the same time, consideration
should also be given to improving the circulation movements for
buses through the facility.
o Palomar Street/Industrial Boulevard (CVT/MTDB1. Proposed changes to
Route 701 call for a left turn movement from westbound Palomar Street to
southbound Industrial Boulevard. While this intersection has a left-
turn lane, there exists no priority left-turn movement signal. Possible
delays could be minimized for this service with a short left-turn arrow,
perhaps one that responds only to large vehicles.
o
Park-and-Ride (CVT/Caltrans/MTDB1. The following locations are
potential park-and-ride locations which could facilitate access along
Route 707:
~
Rancho Del Rev Business
parking site within the
park-and-ride location.
Park. As this center is developed, a
park could be explored as a joint use
The original concept of Route 930 exiting
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Discoverv Park on Buena Vista Wav. This site would require signs
(bus stop, site, and trailblazer), an information display, and a
shelter with pad (inbound only). The proposed route alignment
would be to operate via Buena Vista Way-Rancho Del Rey Parkway-
Paseo Ranchero.
Church sites. Such locations could be used as park-and-ride
locations during weekday hours. Agreements with church sites
could include maintenance of the parking lot.
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I-80S northbound and boarding passengers from the Caltrans land
and then continuing down the exit ramp and reentering I-80S is not
possible without a major re-construction of the westbound H Street
entrance ramp to I-80S north. Thus, it appears that both
Routes 707 and 930 would need to access Terra Nova Plaza for all
boardings and alightings. The initial Route 707 proposal calls
for stops only on H Street at the Plaza entrance (see the
discussion below on H Street curb cuts).
EastLake Parkwav/Otav Lakes Road. This is the site of a discussed
park-and-ride/transit center proposed by the developer of the
EastLake Business Park. While this would not provide an
attractive transit facility location for the 8,000 homes in the
EastLake residential area (intervening opportunity issue), it
would be attractive to the future residential development east and
possibly south of the location.
o H Street Curb Cuts at Terra Nova Plaza (MTDB/CVT/Caltransl. Currently,
Route 707 operates the Hidden Vista 000 principally to provide stops for
Terra Nova Plaza. A field investigation found this to be unsatisfactory
due to wasted time to traverse the 000. The superior solution is the
development of both eastbound and westbound curb cuts on H Street.
These would also open the possibility of approaching the Plaza for joint
use of limited park-and-ride space contiguous to H Street as an interim
step to the more ambitious long-term proposal discussed above for
Route 707 and 930.
o Southwestern Colleae Transit Center (San Dieao Countv/MTDB/CVTl. There
is a current proposal to develop a transit center at Southwestern
College in the next two years. The service improvements recommended
above are designed to take advantage of this facility through possible
timed tra~sfers. However, until the transit center is completed, a
maximum of three buses (ideally two) can be staged at one time using the
current stops.
IMPLEMENTATION PHASING AND COST
CVT has developed an implementation phasing for the proposed recommendations
based on both geography and capital improvement scheduling. The phases are
presented below. The projected five-year plan for the recommended system is
shown in Table 5.
Phase I
Julv 1991 Imolementation. Routes 701, 702, 703, 705, and 711 are
scheduled for improvement in this phase. The only deviation from
the above recommendations is for Route 702 to operate at 40-minute
headways until the Phase II introduction of new Route 709. The
bus berth re-striping of Palomar Street Station would need to be
completed for this phase.
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Table 5 r
CHULA VISTA TRANSIT
FIVE-YEAR PLAN r
(With Recommended Service Changes)
FY92 FY93 FY94 FY95 FY96 r
IOperating Statistics
Revenue Miles 1,000,000 1,080,000 1,130,000 1,190,000 1,250,000 r
Cost/Mile $2.65 $2.84 $3,04 $3.25 $3,52 r
ITotal Costs I
Operating Cost $2,650,000 $3,067,000 $3,435,000 $3,868,000 $4,400,000
Fare Revenue $927,000 $1,073,000 $1,202,000 $1,354,000 $1,540,000 t
Net Operating Cost $1,723,000 $1,994,000 $2.233,000 $2,514,000 $2,860,000 I
Capital Cost $777.000 $200,000 $3,300,000 $850,000 $500,000
Total Cost $2,500,000 $2,194,000 $5,533,000 $3,364.000 $3,360,000 l
IFunding Available L
TDA Carryover $4,100,000 $4,400,000 $5.206,000 $2.873,000 $3,009,000 l
TDA Apportionment $2,800,000 $3,000,000 $3.200,000 $3,500,000 $3,800,000
Total Available TDA $6,900,000 $7,400,000 $8,406,000 $6,373,000 $6,809.000 ~
IAnnual Balance I $4,400,000 $5,206,000 $2,873,000 $3,009,000 $3,449,000 L
Notes: Capital Expenditure in FY 94 is for planned maintenance facility. L
TDA (Transportation Development Act) Fund estimates provided by SANDAG.
Cost and mileage estimates provided by CVT, L
COST,PAD 12/21/90
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The first phase would increase CVT's vehicle revenue miles by
approximately 50 percent. Based on projected operating costs and
a conservative first-year farebox recovery rate of 35 percent, the
total funding needs would be $1.8 million. This amount would be
covered with the apportionment of $2.8 million in Transportation
Development Act funds projected for the City of Chula Vista.
Phase 11_ Julv 1992 Imolementation. The remaining route improvements would
be implemented following completion of the key capital
improvements; the Terra Nova curb cuts, and possibly the
Southwestern College Transit Center.
The second phase would involve only minimal changes in miles and
costs, as added service would replace other service taken out.
CONCLUSION
Figure 7 shows how the recommended service changes meet the objectives of the
study. Overall, the route changes successfully achieve che objectives defined
by the study team.
The recommended service changes focus on improving the frequency and
directness of the existing service. For the most part, existing service is
retained and enhanced. While it was necessary to delete minor segments of
service in some areas, the ridership on these segments does not support the
existing routing and the negative impacts would be minimal. The overall
result of the proposed route structure should result in a system that is more
convenient and easier for existing riders to use, and more attractive to
future transit users.
-27-
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APPENDIX
MTDB TRANSIT DEVELOPMENT
GOALS AND OBJECTIVES
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4.
TRANSIT DEVELOPMENT GOALS AND OBJECTIVES
FOR FY 1992
ADOPTED DECEMBER 13, 1990
TRANSIT DEVELOPMENT GOALS
1.
RIDERSHIP GOAL: Increase the number and proportion of those using
public transportation in order to minimize the adverse impacts of the
automobile.
SYSTEM DEVELOPMENT GOAL; Increase the Quality and Quantity of public
transportation to:
o Provide a means of travel for those without alternative forms of
transportation;
2.
o Offer a viable alternative for those with a choice of transpor-
tation mode; and
o Enlarge the total capacity of the metropolitan area's
transportation system.
3.
ECONOMICS AND PRODUCTIVITY GOAL: Develop public transportation in the
most cost-effective manner possible, to maximize the use of public and
private funds and passenger revenues.
COORDINATION GOAL: Develop public transportation in concert with local
and regional plans to achieve:
o More efficient patterns of land development;
o More efficient expenditures of funds;
o More meaningful public input to the planning process; and
o Higher transit ridership.
TRANSIT DEVELOPMENT OBJECTIVES AND EVALUATION CRITERIA
RIDERSHIP
1. Obiective: Public transit ridership should increase at a rate greater
than that of area population growth.
a. Total passengers on the fixed-route system should increase
four percent, to 55,463,000 passengers.
~ c(- tit,
a. MTDB should work with transportation management associations and
other interested parties to design services for the commuter
market and to develop funding sources to support these services.
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TRANSIT DEVELDPMENT
GOALS AND OBJECTIVES FOR'FY 1992 (Continued)
2. Obiective: Access to fixed-route transit for disabled riders should be
maintained or improved.
a. Operators shall ensure that all new vehicles and passenger
facilities are accessible.
b. Lift reliability should be at least 98 percent of all attempted
lift boardings.
c. MTDB shall work to increase the number of accessible bus stops.
3. Obiective: Public transit should play an important role in transporta-
tion demand management by providing a viable alternative to driving
automobiles.
SYSTEM DEVELOPMENT
4. Obiective: The MTS system (LRT and bus) should be strengthened with
express and urban routes serving major travel corridors, and local
services providing feeder access at key transfer points. Serv~ce
characte;istics, including frequency, should promote the use of transit.
a. LRT and bus routes should provide service that is frequent and
convenient to use.
5.
b. Transit vehicles should be clean, safe, and comfortable.
Obiective: Timed transfer connections should be refined, based on
consideration of the whole system, to improve both the connectivity of
the system and convenience to the passenger.
a. Bus and LRT routes should be coordinated to facilitate timed
connections for major transfer movements.
~
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6.
b. Urban and local bus routes should be coordinated with express (LRT
and bus) routes to facilitate transfers to/from the express
system.
Obiective: Regional and community transit centers and park-and-ride
lots should be developed in order to provide safe, convenient, and
visible focal pOints for access to, and transfer within, the transit
system.
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2~~7
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TRANSIT DEVELOPMENT
GOALS AND OBJECTIVES FOR FY 1992 (Continued)
a. Transit centers should be established to facilitate transfer
movements.
b. Park-and-ride facilities should be located at all transit centers
serving residential areas.
7. Obiective: Implementation of High Occupancy Vehicle (HOV) facilities
should be pursued to expedite transit and ridesharing on congested
freeways and arterials.
a. New arterial and freeway improvements should be reviewed to
determine the need for HOV facilities for transit.
b. HOV facility designs should be reviewed to ensure they meet
transit service needs.
8.
Obiective: Transit services and facilities should be implemented or
changed based on existing and potential travel demand and cost-effec-
tiveness.
I
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Service changes should be prioritized according to the evaluation
criteria described in the Short Range Transit Plan.
Service changes and capital improvements should be included in the
Short Range Transit Plan.
c. As a lower cost approach for attracting new riders, new routes
should be evaluated for development initially as peak-period
services. New routes to currently unserved or underserved areas,
and extensions of existing routes to these areas should be
supported by non-transit funding according to Policy No. 40.
b.
a.
1
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,
ECONOMICS AND PRODUCTIVITY
9. Obiective: A higher increasing percentage of operating costs should be
funded with operating revenues.
a. The areawide ratio of operating revenue to operating cost should
increase at a rate of no less than one percent, to 53.3 percent.
b. A seven-year farebox recovery rate for each operator will be
incorporated into the SRTP.
c. Fare increases should be established to reflect increases in
areawide operating cost indicators, not to exceed the rate of
inflation.
-3- 1.. V- C{'{
a. Capital replacement accounts should be funded to the level practi-
cal for specific capital projects.
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TRANSIT DEVELOPMENT
GOALS AND OBJECTIVES FOR FY 1992 (Continued)
d. Annual operating cost/revenue mile rate of increase should not
exceed the annual inflation rate.
10. Objective: Fare prepayment should be encouraged to the extent that it
enhances overall passenger revenue.
a. The ratio of prepaid boardings to total passengers should be
greater than 25 percent, unless revenue losses are found to be
associated with increased pass use.
11. Obiective: Each individual fixed-route transit operator should estab-
lish a capital reserve account for meeting its capital improvement
needs.
12. Obiective: Contracts with private operators should be evaluated as a
means of reducing transit unit cost increases.
a. Policy No. 32 should govern implementation of this objective.
13. Obiective: MTDB should work with the private sector on other non-
transit funding sources to finance public transit service and capital
improvements.
a. New development projects should be reviewed for possible inclusion
of developing and/or financing for transit improvements.
b.
Non-transit funding sources should contribute to the cost of
implementing new service for which transit funding is not avail-
able.
~
c. Privately funded shuttles should be encouraged to provide
connector service between existing transit service and nearby
service and employment centers.
14. Obiective: Transit productivity should be maintained or improved.
a. Total passengers per revenue mile should exceed 2.25.
15. Obiective: Developers and jurisdictions should be encouraged to design
new developments and retrofit existing developments in ways which
facilitate walking and the use of public transportation.
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COORDINATION
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TRANSIT DEVELOPMENT
GOALS AND OBJECTIVES FOR FY 1992 (Continued)
a. A new or amended Board policy shall be developed to govern
implementation of this objective.
16. Obiective: A system of coordinated public transit service should be
maintained.
,-
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a.
Fixed-route operators should conform to the uniform fare structure
and transfer agreement.
b.
Local, urban, and express services (bus and rail) should meet at
transit centers and major activity points.
j
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c.
The annual Marketing Plan should be developed, updated, and imple-
mented through the Regional Marketing Group, consistent with the
needs and financial resources of all area operators.
PAD:rg/kw
FY92TDO.PAD
12-20-90
-5-
/J.t(- sD
COUNCIL AGENDA STATEMENT
Item ,.~
Meeting Date 1/22/91
ITEM TITLE: Report on pedestrian crossing at Hilltop Drive and Telegraph
Canyon Road
SUBMITTED BY: Director of Public Works ~
1
City Manager0
j
At the January 8, 1991 meeting, the City Council requested that staff return
in two weeks with other alternatives for pedestrians using the east crosswalk
at the intersection of Hilltop Drive and Telegraph Canyon Road.
REVIEWED BY:
(4/5ths Vote: Yes___No-X-)
Council Referral No. 2224
RECOMMENDATION: That the City Council accept staff's report to:
1. Recommend that the Safety Commission and staff evaluate the request for
an Adult Crossing Guard.
2. Install additional school series signs on Hilltop Drive.
3. Request Police Department to give special attention to this intersection.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at the December
13, 1991 meeting, voted 7-0 to deny the request for a traffic signal and an
all-way stop at the intersection of Hi 11 top Dri ve and Telegraph Canyon Road.
This intersection has crosswalks along the east leg and north leg. Mr.
Engl i sh uses the east crosswalk on thi s way to and from Hi 11 top Juni or Hi gh
School. He is confined to a motorized wheelchair and is concerned with
vehicles which may not see him or his classmates.
DISCUSSION:
Pedestri an counts for the east crosswalk show that duri ng the time peri od
between 7:00 a.m. and 8:00 a.m., 54 (61%) out of the 84 pedestrians cross
during the 15 minute interval between 7:15 a.m. to 7:30 a.m. Mr. English
usually crosses the street during this time interval. A pedestrian count with
15 minute totals and intersection striping is attached.
Vehi cl e turni ng movement counts done at the same time reveal that
approximately 45 percent of the one hour total number of vehicles pass through
the intersection during the same 15 minute interval. Most vehicles (68%) are
northbound or southbound on Hilltop Dri ve and, therefore, do not affect the
east crosswalk which Mr. English uses. The significant turning movement
during this 15 minute period is the westbound to northbound right turn
maneuver which has approximately 93 (43% of the one hour total) vehicles
attempting to turn while pedestrians are crossing the street. These westbound
vehicles are controlled by a stop sign.
On Monday, January 14, a meeting was held with school personnel at Hilltop
Junior High School to discuss possible alternatives to improve pedestrian
crossings. Present at the meeting were Mrs. English; Mr. Fred Morasco, school
psychologist; Mr. Sebastian Perez, Assistant Principal; and a City Traffic
Engineering Division staff member.
.;2S'- J
Page 2, Item ~~
Meeting Date~
Alternatives discussed were:
A. Adult Crossino Guard: This alternative was discussed since the
prevailing conditions may require school crossing supervision for a
limited time and it is infeasible to install another form of control for
a temporary period. Staff needs to evaluate this proposal since the
adult crossing guard would only be needed for approximately 20 minutes
before school starts at 7:35 a.m. and 20 minutes after school is
dismissed at 2:35 p.m. Staff will be working with the school, the Chula
Vista Police Department, and the Safety Commission to determine whether
or not a volunteer adult crossing guard is needed at this location.
This request has been placed on the Safety Commission agenda for
consideration on Thursday, February 14, 1991.
B. Flashi no Beacon: A proposal for a fl ashi ng yellow 1 i ght on top of
school seri es signs in advance of the north crosswalk on Hilltop Dri ve
was di scussed. The flashi ng beacon coul d be made to funct i on only
during certain time intervals. If it is always on, the message conveyed
by the flashing beacon tends to be diminished. The cost is estimated at
$10,000. One disadvantage to the flashing beacon is that it must be
programmed not to work on school holidays.
Staff is not recommending a flashing beacon at this time.
Alternative "D", the relocation of school signs, may mitigate
the need for the flashing beacon. An evaluation can be made
at a later date if necessary.
C. School District Van: It was mentioned that a van is available to take
Mr. English to and from school at no cost to the parents. Mrs. English
states that the request to do something at the subject intersection is
not just for her son, but all pedestrians. Mr. English travels
approximately one-quarter of a mi 1 e to and from school. He is in the
eighth grade and, therefore, has one additional school year at Hilltop
Junior High School. Transportation to high school for Mr. English will
be by private automobile, since the distance of approximately one mile
is too far for his motorized wheelchair.
No request for the van has been made by the English family.
Any arrangements for the van wi 77 be made between the schoo I
district and the English family if they so desire.
D. School SiQns: Staff will be adding "School - 25 MPH When Children Are
Present" signs and school crossing symbol signs to Hilltop Drive north
and south of the intersect ion. An area plat showi ng the 1 ocat i on of
existing signs and crosswalks in the vicinity is attached.
One sign wi77 be added near El Capitan Drive and another in
front of Hilltop Park.
;J. S" - ?.,
Page 3, Item
Meeting Date
2~
1/22/91
E. Police Enforcement: The Chula Vista Police Department can provide
enforcement of the 25 mph speed limit when children are present. Radar
Speed Surveys have been completed for this intersection during the A.M.,
noon and P.M. peak periods.
Results of the Radar Speed Survey are listed below:
DATE
Th 1/10/91
F 1/11/91
F 1/11/91
TIME
7:15-7:50 a.m.
12:30-1:10 p.m.
2:30-3:00 p.m
MEDIAN SPEED
33 MPH
36 MPH
32 MPH
85th % VEHICLES SURVEYED
37 MPH 100
40 MPH 100
36 MPH 100
CONCLUSION:
Staff will be making some changes to school signs in the vicinity. In
addition, staff will be evaluating the request for an adult crossing guard and
presenting the final report to the Safety Commission on February 14, 1990.
Staff is not recommending a flashing beacon at this time as it may not be
necessary after the additional school signs are installed. The Police
Department has stated they will be providing enforcement of the speed 1 imit
when pedestrians are present.
FISCAL IMPACT: $250 for signs.
FR/mad;File: KY-119/KY-158 (2224)
WPC 5410E
Attachments:
Area Plat
A.M. Pedestrian Count dated Th. 1/10/91
,2S-3
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DATE. ~." LOCATION: HILLThP ml\16 ~ ~ffi oN eQ
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TIME,A,M A A B B C C 0 0 ,oml
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EMARKS' jlJ /N IN I flU I
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PEDESTRIA~I COUNTS
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:1.S--S-
ITEM TITLE
SUBMITTED BY
REVIEWED BY
BACKGROUND
CDUNCIL AGENDA STATEMENT
Item ~1
Meeting Date 1/22/91
PUBLIC HEARING - Regarding Selection of Solid Waste Facility
Siting Procedure as Required by AB 2296
Resolution If,oSr.. Specifying the Review and Approval Process
for Siting Solid Waste Transfer Facilities which Recover for
Reuse or Recycling Less than 15% of the Total Volume of the
Material Received and which Serve Only One Jurisdiction
Resolution J~~~ Specifying the Review and Approval Process
for Siting Solid Waste Transfer Facilities which Recover for
Reuse or Recycling Less than 15% of the Total Volume of
Material Received and which Serve More than One Jurisdiction
Principal Management Assistant popek~
4/5ths Vote: Yes___ No~
City Manage?
v
The enactment of AB 939, the California Integrated Waste Management Act of
1989, rescinded the statutory language authorizing the former County Solid
Waste Management Plans (CoSWMPs). Until the new Countywide Inte9rated Waste
Management Plans (CoIWMPs) are approved, there exists no approved regional
solid waste planning document. To address this so called gap, AB 2296
(Cortese) was signed by the Governor on September 30, 1990.
For the most part, facilities included in the existing and approved CoSWMP are
"grandfathered" under AB 2296 and need not go through any additional local
approval, except that which the host jurisdiction requires. AB 2296 allows
counties and cities to choose between two optional procedures the method they
wish to use for review and approval of certain solid waste transfer facilities
during the gap created by AB 939.
RECOMMENDATION
Approve resolutions recommended by the San Diego County Integrated Waste
Management Task Force, designating the Board of Supervisors and a majority of
cities with the majority of the population as the review and the approval
process for small material recovery facilities/transfer stations until
approval of the new AB 939 Countywide Integrated Waste Management Plan.
BOARDS/COMMISSIONS RECOMMENDATIONS: N/A
,}.7-1
Item
Meeting Date
~
1/22/91
DISCUSSION
The legislation requires cities and counties to choose, following a required
public hearing, which approval procedure they wish to use for: (1) solid waste
transfer facilities which recover less than 15% by volume, of the materials
processed and which serve more than one jurisdictioni and (2) for similar
facilities which serve only one jurisdiction. Two resolutions are required by
AB 2296, one for each situation. For all other solid waste facilities, such
as landfills, transfer stations, and transformation facilities, the approval
procedures are specifically defined in AB 2296.
In summary, the AB 2296 options are: (1) review by the local Integrated Waste
Management Task Force, followed by host jurisdiction land use approval and
then review by the California Integrated Waste Management Board (CIWMB)i or
(2) approval by the County and a majority of the cities having a majority of
the incorporated area's population, followed by host jurisdiction land use
approval and then review by the CIWMB. Failure to choose between these two
options by February 1, 1991 will result in the imposition of option #1, review
by the local Integrated Waste Management Task Force. It should be noted that
this option would allow jurisdictions to only review and comment before final
review by the CIWMB. It should also be noted that the procedures created by
AB 2296 do not abridge the host jurisdiction's general plan/land use
authority.
The staff recommendation is option #2, which requires approval by the County
and a majority of the cities with a majority of the population prior to final
review by the CIWMB. This option was unanimously recommended by the San Diego
County Integrated Waste Management Task Force at its December 14, 1990
meeting. It was also approved by the San Diego County Board of Supervisors on
January 8, 1991, and is currently being considered for approval by the
remaining incorporated cities in the County. This recommended procedure most
closely matches the one previously used for the approval of the prior County
Solid Waste Management Plan and affords the cities and the County the maximum
participation available under AB 2296's defined requirements. The selected
procedure is to be used until the approval of the new AB 939 Countywide
Integrated Waste Management Plan.
FISCAL IMPACT None as a result of this action.
A113
-21-~
RESOLUTION NO.~O~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA SPECIFYING THE REVIEW AND APPROVAL PROCESS FOR
SITING SOLID WASTE TRANSFER FACILITIES WHICH RECOVER FOR
REUSE OR RECYCLING LESS THAN 15 PERCENT OF THE TOTAL
VOLUME OF MATERIAL RECEIVED AND WHICH SERVE ONLY ONE
JURISDICTION
WHEREAS, the State of California enacted AB 2296 which
specifies the review and approval process for permitting of solid
waste management facilities until a countywide integrated waste
management plan has been approved by the California Integrated
Waste Management Board, and;
WHEREAS, AB 2296 requires the board of supervisors with
the approval of a majority of the cities in the county containing
a majority of the population of the incorporated area of the
county, before February 1, 1991, to specify whether solid waste
transfer facilities which are designed to, and as a condition of
their permits shall, recover for reuse or recycling less than 15
percent of the total material received by the facility, and serve
only one jurisdiction, shall be subject to the review and
approval process described in section 50000 of the Public
Resources Code, subdivision (b) or the review and comment process
described in Section 4, subdivision (c); and
WHEREAS, failure to specify which of the options shall
be used will result in the imposition of the review and comment
process described in Section 50000, subdivision (c); and
WHEREAS, the review and approval process described in
section 50000, subdivision (b) is most like the procedure which
has been used to approve prior County Solid Waste Management
Plans and amendments thereto and affords the cities and the
county the maximum participation available under AB 2296's
defined requirements; and
WHEREAS, the San
Management Task Force and
approved the recommendation
process described in Section
Diego County Integrated Waste
Technical Advisory Committee have
to select the review and approval
50000, subdivision (b);
NOW, THEREFORE, the City Council of the City of Chula
Vista resolves as follows:
Solid waste transfer facilities which recover less than
15 percent, by volume, of the materials processed and serve only
one jurisdiction shall be subject to the review and approval
process described in subdivision (b) of Public Resources Code
~50000.
Stephanie Popek, Principal
Management Assistant
8372a
Bruce M. Boog
,;'1'~ I ).1,'"
Presented by
RESOLUTION No.~d~G,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA SPECIFYING THE REVIEW AND APPROVAL PROCESS FOR
SITING SOLID WASTE TRANSFER FACILITIES WHICH RECOVER FOR
REUSE OR RECYCLING LESS THAN 15 PERCENT OF THE TOTAL
VOLUME OF MATERIAL RECEIVED AND WHICH SERVE MORE THAN
ONE JURISDICTION
WHEREAS, the State of California enacted AB 2296 which
specifies the review and approval process for permitting of solid
waste management facilities until a countywide integrated waste
management plan has been approved by the California Integrated
Waste Management Board, and;
WHEREAS, AB 2296 requires the board of supervisors with
the approval of a majority of the cities in the county containing
a majority of the population of the incorporated area of the
county, before February 1, 1991, to specify whether solid waste
transfer facilities which are designed to, and as a condition of
their permits shall, recover for reuse or recycling less than 15
percent of the total material received by the facility, and serve
more than one jurisdiction, shall be subject to the review and
approval process described in Section 50000 of the Public
Resources Code, subdivision (b) or the review and comment process
described in Section 4, subdivision (c); and
WHEREAS, failure to specify which of the options shall
be used will result in the imposition of the review and comment
process described in Section 50000, subdivision (c); and
WHEREAS, the review and approval process described in
Section 50000, subdivision (b) is most like the procedure which
has been used to approve prior County Solid Waste Management
Plans and amendments thereto and affords the cities and the
county the maximum participation available under AB 2296's
defined requirements; and
WHEREAS, the San
Management Task Force and
approved the recommendation
process described in Section
Diego County Integrated Waste
Technical Advisory Committee have
to select the review and approval
50000, subdivision (b);
NOW, THEREFORE, the City Council of the City of Chula
Vista resolves as follows:
Solid waste transfer facilities which recover less than
15 percent, by volume, of the materials processed and serve more
than one jurisdiction shall be subject to the review and approval
process described in subdivision (b) of Public Resources Code
!i50000.
J.7-S'.
a~o
b~
Presented by
stephanle Popek, Prlnclpal
Management Assistant
8372a
ty Attorney
COUNCIL AGENDA STATEMENT
Item 2. <l
Meeting Date 1/22/91
ITEM TITLE: Public Hearing: Assessment District No. 90-3 (EastLake Greens
- Phase I)
a) Resolution'11637 Ordering certain changes and
modification to the Engineer's report in Assessment District
No. 90-3
b) Resol ut ion l~o39 Confirming the assessment, orderi ng the
improvements made, together with appurtenances, and approving
the engineer's "report" for Assessment District No. 90-3
c) Resolution I~()~ Approving contracts for ownership of
utility improvements for Assessment District No. 90-3
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager/, (4/5ths Vote: Yes_No...lL-)
"
On December 18, 1990, Council adopted the resolution of intention to order the
acquisition and financing of certain infrastructure improvements in the Greens
and surrounding areas of the EastLake Development pursuant to the Municipal
Improvement Act of 1913 and Ordinance No. 2397, and set a publ ic hearing for
January 22, 1991, for the purpose of hearing public testimony.
All owners of property within the proposed assessment district have been
mailed a notice of the publ ic hearing including the proposed assessment to
their land.
RECOMMENDATION: Adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Municipal Improvement Act of 1913 is a financing mechanism which allows
the future residents to finance infrastructure improvements through assessment
district bonds with payments collected on their property taxes.
This is an acquisition assessment district wherein the developer is
constructing the public improvements and the City will acquire them upon
completion with funds derived from the sale of bonds. The estimated cost of
the improvements are assessed to land within the assessment district and paid
off by the property owners over a 25 year peri od. New homebuyers have the
option of paying off the assessment and including the cost with their
mortgage. However, since this would raiSe the amount of the down payment and
would be paid at a higher interest rate for a longer period of time, this
option is rarely, if ever, exercised.
The improvements proposed to be financed by the
circulation element streets, collector streets,
reclaimed water facilities, storm drain systems,
and irrigation systems.
assessment district include
water and sewer systems,
dry ut il it i es, 1 andscapi ng
~g..1
Page 2, Item .1t
Meeting Date 1/22/91
The total amount proposed to be assessed to the parcel s in the assessment
district is $24.19 million. This includes construction, engineering design,
inspection and administration costs, and other incidental costs as shown in
the fo 11 owi ng:
ACQuisition Construction Costs
Water System 980
Water System 710
Waste Water
Street, Storm Drain and Landscaping
Reclaimed Water
Dry Util ities
DIF Streets
TOTAL
Incidental Exoenses
1. Project Management
2. Assessment Engineering
3. Design Engineering
4. Construction Supervision
5. Bond Counsel
6. Financial Consultant
7. Landscape Design
8. Utility Engineering
9. Plan Check & Inspection Fees
10. Public Agency Project Management
11. Surveying & Staking
12. Special Studies Engineering
13. Soils Engineering
14. Printing, Advertising, Post of Public Hearing Notices
15. Bond Printing, Servicing & Registration
16. Sewer and Water Engineering
17. Capitalized Interest
SUBTOTAL INCIDENTALS
18. Bond Discount (2%)
19. Reserve Fund (10%)
TOTAL
TOTAL ASSESSED TO DISTRICT
$1,684,921
1,426,751
2,032,996
4,947,466
975,861
1,173,014
5.101.950
$17 , 342,959
$ 40,000
70,000
1,367,000
70,000
62,732
35,000
320,000
50,000
600,000
35,000
336,000
300,000
164,000
4,000
10,000
235,000
241. 859
$3,940,591
$ 483,717
2.418.585
$6,842,893
$24,185,852
Since construction of all of the improvements is not yet complete, the amount
proposed to be assessed to the district and the individual assessments
represent not to exceed amount. There is a cont i ngency amount of
approximately 10 percent of the construction budget i ncl uded in the amount
assessed to the district and upon completion of the improvements, the final
;;.r, z-
Page 3, Item :19
Meeting Date 1/22/91
construct i on cost wi 11 be revi ewed and the assessments reduced as
appropriate. If the costs are higher than the contingency provide for, the
developer will cover those increased amounts. The bond sale, which will be
held at the completion of construction which is anticipated in April 1991,
will also be adjusted in accordance with the final construction cost.
The assessments proposed for three of the approximately 190 parcels in the
district result in parcel value to assessment ratios which are less then the
City's criteria of three to one.
The three parcels include the neighborhood shopping center, the golf course
and the golf course clubhouse site. The appraisal of the current value of the
parcels is based on unimproved land with only the public improvements in
place. It is reasonabl e to project that when all three parcel s are fully
developed, the value to assessment ratio will meet or exceed the City's
criteria. In the interim period, the EastLake Development Company will
provide letter of credit as security for that difference associated with the
debt to lien ratio of these parcels prior to the sale of bonds.
Subsequent to the approval of the Preliminary Engineer's Report, it was
determi ned that several fi na 1 subdi vi s i on maps had been recorded. However,
one corresponding parce1ization had not been included in the preliminary
assessment roll. The new parcels have now been included. Since the
assessment was considered in the prel iminary report there is no charge in
assessment just a redistribution to the parcels created by the subdivision.
It was also determined that the incidental expenses of the assessment district
had been incorrectly applied to the individual assessments. The resolution
orderi ng changes and modifi cat ions to the Engi neer' s Report corrects these
i naccuraci es. The correct i on of the i ncidenta 1 expense mi sappl i cat i on does
result in some assessments increasing and some decreasing. The maximum
increase in assessments to residential parcels is 8.5 percent. The resulting
assessments are well within the City's three-to-one va1ue-to-assessment ratio
criteria and below the one percent maximum annual debt service pol icy. The
owners of parcels whose assessments have been raised have signed a waiver and
consent form accepting the increases.
On the agenda are three-party agreements with the City, EastLake Development
Company and SDG&E, Pacific Bell, and Otay Water District for the acceptance
and conveyance of facil it i es constructed as part of the assessment di stri ct
improvement. There is no cost or liability to the City associated with these
agreements, however, they are necessary as a part of the acquisition district
proceedings.
FISCAL IMPACT: EastLake Development Company has deposited the one percent
assessment district origination charge of $241,858.52 with the City. If the
assessment proceedings are not completed, this money will be refunded minus
any staff costs. Or if the proceedings are completed, then this money will be
deposited to the General Fund. All assessment di stri ct costs wi 11 be paid
through the issuance of 1915 Act bonds.
WPC 5391E
~g.. 3/28,'1
1'0 ~?
RESOLUTION NO.
RESOLUTION ORDERING qERTAIN CHANGES AND
MODIFICATIONS TO THE ENGINEER'S "REPORT"
IN ASSESSMENT DISTRICT NO. 90-3
WHEREAS, the CITY COUNCIL of CITY OF CHULA VISTA, CALIFORNIA, has adopted its
Resolution of Intention pursuant to the provisions of the "Municipal Improvement Act
of 1913", be ing D i vision 12 of the Streets and Highways Code of the State of
California, for the construction, acquisition, or both, of certain works of
public improvement in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I) (hereinafter referred to as
the "Assessment District"); and
WHEREAS, subsequent thereto, ssid legislative body did, by ReSOlution, preliminarily
approve the "Report" of the Engineer; an~
WHEREAS, prior to any public hearing, it is determined that certain assessments
should be modified and increased, and a Consent and Waiver with respect to the
modifications has now been submitted for approval by the owners of those parcels
within the Assessment District; and,
WHEREAS, the modifications should be incorporated into the "Report" and assessments
for the Assessment District.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the executed Consent and Waiver, as submitted herewith, is hereby
approved and accepted.
SECTION 3. That it is in the best public interest and convenience that assessments
be modified, and increased as Bet forth on Exhibit "A", attached hereto
and made a part hereof, and this legislative body does hereby order the
"Report" and the assessmen~ roll to be modified to reflect the
individual modifications and increased assessments as set forth in
Exhibit "A".
SECTION 4. That said modifications above mentioned are hereby ordered pursuant to
Section 10352 of the Streets and Highways Code of the State of
California.
;l3-S
SECTION 5. That the superintendent of Streets is hereby ordered to make the above
mentioned modifications to the assessment roll and to the assessments
set forth in the "Report" previ,.ously approved.
SECTION 6. That the Engineer's "Report", the assessment roll, and all related docu-
mentation, as so modified, are all for the best interests of the
property owners within the Assessment District, and said assessment, as
modified and apportioned, is in accordance with the benefits received,
and the "Report", as herein modified, shall stand as the "Report" for
all subsequent proceedings relating to this Assessment District.
APPROVED and ADOPTED this
day of
, 1991.
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
,,1r- ,
RESOLUTION NO.
/tJOJi
RESOLUTION OF THE CITX COUNCIL OF THE CITY
OF CHULA VISTA, CALIFORNIA, CONFIRMING THE
ASSESSMENT, ORDERING THE IMPROVEMENTS MADE,
TOGETHER WITH APPURTENANCES, AND APPROVING
THE ENGINEER'S "REPORT"
WHEREAS, the CITX COUNCIL of the CITX OF CHULA VISTA, CALIFORNIA, has previously
adopted its Resolution of Intention and initiated proceedings for the construction
of certain public works of improvement, together with appurtenances and appurtenant
work, including acquisition where appropriate, in a special assessment district
pursuant to the terms and provisions of the "Municipal Improvement Act of 1913",
being Division 12 of the Streets and Highways Code of the State of California, said
special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I) (hereinafter referred to as the "Assessment District");
and,
WHEREAS, pursuant to the provisions of said.. "Municipal Improvement Act of 1913" and
Part 7.5 of Division 4 of the Streets and Highways Code, the "Special Assessment,
Limitation and Majority Protest Act of 1931", a combined "Report" (hereinafter
referred to as the "Report"), as authorized, has been provided, presented,
considered and approved by this legislative body; and,
WHEREAS, said "Report", as preliminarily approved, contained all the matters and
items called for by law and as pursuant to the provisions of the lIMunicipal Improve-
ment Act of 1913" and Section 2961 of said streets and Highways Code of the State of
California, including the following:
1. Plans and specifications of the proposed improvements;
2. Estimate of cost;
3. Diagram of Assessment District;
4. An assessment according to benefits;
5. A description of the works of improvement;
6. Valuation information; and,
WHEREAS, all protests have been heard and considered, and a full hearing has been
given, all in the manner provided by law; and,
WHEREAS, notices of said hearing were duly and regularly posted, mailed and
published in the time, form and manner required by law and as evidenced by
affidavits on file with the transcript of these proceedings; and,
WHEREAS, the owners of one-half (1/2) of the area assessed for the cost of the
project did not file written protests against the said proposed improvements and
acquisition where appropriate, and this legislative body did, after providing a full
hearing, overrule and deny all protests and objections; and,
WHEREAS, this legislative body is now satisfied with the assessment and all matters
contained in the "Report" as now updated and submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
;.~' 7
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
RECITALS
That the above recitals are all true and correct.
PROTESTS
That all protests and objections of every kind and nature be, and the
same hereby are, overruled and denled, and it is further determined
that said protests and objections are made by the owners of les8 than
one-half of the area of property to be assessed for said improvements
within said Assessment District.
BENEFITS RECEIVED
That it is hereby determined that all properties within the boundaries
of the Assessment District receive a local and direct benefit from the
works of improvement as proposed for said Assessment District, and it
is hereby further determined and declared that all assessable costs and
expenses have been apportioned' and spread over the properties within
the boundaries of the Assessment District in direct proportion to the
benefits received thereby.
PUBLIC INTEREST AND CONVENIENCE
That the public interest and convenience require the proposed improve-
ments to be made, and therefore it is hereby ordered that the work to
be done and improvements to be made, together with appurtenances and
appurtenant work in connection therewith, including acquisition where
appropriate, in said Assessment District, as set forth in the Resolu-
tion of Intention previously adopted and as set forth in the "Report"
presented and considered, and as now submitted.
CONFIRMATION OF ASSESSMENT
That the "Report", as now updated and submitted, consisting of the
assessment and diagram for the improvements, together with appurte-
nances and appurtenant work in connection therewith, including acquisi-
tion where appropriate, is hereby confirmed.
The assessments contained in the final Engineer's "Report" are hereby
levied and approved as follows:
A.
The final assessment s
finance the public works
proceedings.
to represent the costs and expenses to
of improvement, as authorized for these
B. The annual assessment to pay for administrative costs in an amount
not to exceed the maximum annual assessment as set forth in said
"Report".
The confirmed annual administrative assessment may be collected in the
same manner and in the same installments as the confirmed assessments
for the facilities, and may be combined with those assessments for
collection as conveinent.
,;1.8"''1
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
ASSESSMENT VALUATION
That this legislative body hereby finds and determines that the total
amount of the principal sum of all unpaid special assessments proposed
to be levied, as well as any outstanding special assessments, does not
exceed 1/2 the total true value of the parcels proposed to be assessed
under these proceedings, and this finding shall be final and
conclusive.
This legislative body further fincts that the project is feasible and
that the lands to be assessed will be able to carry the burden of the
proposed assessment, and it is hereby further determined, if and as
applicable, that the limitations of the amounts of assessments provided
for in Division 4 of the Streets and Highways code of the State of
California be disregarded both with respect to the limitation on the
Assessment District as a whole, and as to the limitation on individual
specific assessments, as applicable.
RECORDATION OF ASSESSMENT
That the City Clerk shall forthwith deliver to the Superintendent of
Streets the said assessment, together with the diagram attached thereto
and made a part thereof, as confirmed, with his certificate of such
confirmation attached and the date thereof; and that said Superinten-
dent of Streets shall then immediately record said diagram and assess-
ment in his Office in a suit'able book to be kept for that purpose and
attach thereto his certificate of the date of such recording.
COUNTY RECORDER NOTICE
Upon confirmation of the assessments and recordation of the assessment
roll and diagram, a certified copy of the assessment diagram shall be
immediately filed in the Office of the County Recorder. Immediately
thereafter, a copy of the notice of assessment shall be recorded in the
Office of the County Recorder in the manner and form as set forth by
law and specifically Section 3114 of the Streets and Highways Code of
the State of California.
MAILED NOTIcE
That said City clerk, upon the recording of said diagram and assess-
ment, shall mail to each owner of real property within the Assessment
District at his last known address, as the same appears on the tax
rolls of the County or on file in the Office of the city clerk, or to
both addresses if said address is not the same, or to General Delivery
when no address so appears, a statement containing a designation by
street number or othe~ description of the property assessed sufficient
to enable the owner to identify the same, the amount of the assessment,
the time and place of payment thereof, the effect of failure to pay
within such time, and a statement of the fact that bonds will be issued
on unpaid assessments pursuant to the "Improvement Bond Act of 1915".
021- i
PUBLICATION
SECTION 10. That said city Clerk shall a~Bo give notice by publishing a copy of a
notice of recording of assessment in the newspaper previously selected
to publish all notices as provided by law, giving notice that said
assessment has been recorded in the Office of the Superintendent of
streets, and that all Bums assessed thereon are due and payable
immediately, and that the payment of said sums is to be made within
thirty (30) days after the date of recording the assessment, which date
shall be so stated in said notice, and of the fact that securities will
be issued upon unpaid assessments.
ASSESSMENT COLLECTION
SECTION 11. The County Auditor is hereby authorized and directed, in accordance
with the provisions of Section 8682 of the Streets and Highways Code of
the State of California, to enter into his assessment roll on which
property taxes will next become due, opposite each lot or parcel of
land affected, in a space mark~d "public improvement assessment" or by
other suitable designation, the next and several installments of such
assessment coming due during the ensuing fiscal year covered by the
assessment roll and that said entry then shall be made each year during
the life of the bonds for the proceedings for the above-referenced
Assessment District. This authorization is continual until all assess-
ment obligations have been discharged and the bonds terminated.
As an alternate, and when determined to be in the best interests for
bondholders of the Assessment District, this legislative body may, by
ReSOlution, designate an official other than the County Tax Collector
and/or other agent, to collect and maintain records of the collection
of the assessments, including a procedure other than the normal
property tax collection procedure.
SECTION 12. In accordance with the provisions of Section 8685 of the Streets and
Highways Code, if any lot or parcel of land affected by any assessment
is not separately assessed on the tax roll so that the installment of
the assessment to be collected can be conveniently entered thereon,
then the Auditor shall enter on the roll a description of the lot or
parcel affected, with the name of the owners, if known, but otherwise
the owners may be described as "unknown owners", and extend the proper
installment opposite the same.
ASSESSMENT VERIFICATION STATEMENT
SECTION 13. The County Auditor shall, within 90 days after any special assessment
installment becomes delinquent, render and submit a detailed report
showing the amounts of the installments, interest, penalties and
percentages so collected, for the preceding term and installment date,
and from what property collected, and further identify any properties
which are delinquent and the amount and length of time for said delin-
quency, and further set forth a statement of percentages retained for
the expenses of making such collections. This request is specifically
made to the authorization of Section 8683 of the Streets and Highways
Code of the State of California.
~'l-IO
ASSESSMENT DISTRICT FUNDS
SECTION 14. That the Treasurer is hereby ,authprized at this time, if not previously
done, to establish the following funds as necessary for the payment of
cost s and expenses and administration of the proceedings for this
Assessment District:
A.
IMPROVEMENT FUND:
proceeds from the
be placed into the
All monies received from cash collection,
sale of bonds and applicable contributions shall
Improvement Fund.
B. RESERVE FUND: All monies as designated to assist in the payment of
delinquencies shall be placed into the Reserve Fund.
C. REDEMPTION FUND: All monies received from the payment of assess-
ments shall be placed in the Redemption Fund.
For particulars as to the administration and handling of the Funds, the
specific terms and conditions shall be set forth in the Bond Indenture
and approved through the Resolution Authorizing the Issuance of Bonds.
APPROVED and ADOPTED this
day of
, 1991.
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
,
;1.K,11 J ~~-Jt
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, BEVERLY AUTHELET, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY
CERTIFY that the foregoing Resolution, being Resolution No. , was duly
passed, approved and adopted by the city Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the meeting of said City Council
held on the day of 1991, and that the same was
passed and adopted by the following vote:
AYES:
COUNCIL MEMBERS
NOES:
COUNCIL MEMBERS
ABSENT:
COUNCIL MEMBERS
ABSTAIN:
COUNCIL MEMBERS
EXECUTED this
day of
, 1991, at Chula Vista, California.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
[SEAL]
dl K '1'-
RESOLUTION NO.
/1,03'
RESOLUTION OF
CHULA VISTA,
FOR OWNERSHIP
THE CITY, COUNCIL OF THE CITY OF
CALIFORNIA, APPROVING CONTRACTS
OF UTILITY IMPROVEMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has, pursuant to
the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, by adoption of its Resolution
of Intention, declared its intention to order the construction and installation of
certain works of improvement, together with appurtenances, in a special assessment
district known and designated as ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS,
PHASE I) (hereinafter referred to as the "Assessment District"); and,
WHEREAS, pursuant to Section 10110 of the Streets and Highways Code of the state of
California, it is required that prior to the time that any works of improvement are
ordered pursuant to said proceedings, the legislative body may, by contract, provide
that certain works shall be performed by other public agencies or regulated public
utilities who will have the legal title .to the facilities, and further that said
improvements shall thereafter constitute a part of their system; and,
WHEREAS, it is further provided that any such agreement shall be made prior to the
adoption of the Resolution Ordering Work under the assessment proceedings; and,
WHEREAS, at this time, contracts have been reviewed and submitted pursuant to the
authorization of Section 10110 of said Streets and Highways Code.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the agreements relating to the construction and installation of
certain improvement facilities that will be under the ownership, manage-
ment and control of other public agencies or regulated public utilities,
are hereby submitted and herewith approved for execution on behalf of
the City. Said agreements relate to facilities to be owned by the
following listed public agencies or regulated public utilities:
A. SAN DIEGO GAS & ELECTRIC COMPANY
B. PACIFIC BELL
C. OTAY WATER DISTRICT
SECTION 3. That immediately upon execqtion, conformed copies of said contracts
shall be transmitted to the offices of the respective public agency or
utility company, together with a copy of this Resolution.
APPROVED and ADOPTED this
day of
, 1991.
ATTEST:
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
01~ ./; / "a-It
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, BEVERLY AUTHELET, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY
CERTIFY that the foregoing Resolution, being Resolution No. , was duly
passed, approved and adopted by the city Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the meeting of said City Council
held on the day of 1991, and that the same was
passed and adopted by the following vote:
AYES:
COUNCIL MEMBERS
NOES:
COUNCIL MEMBERS
ABSENT:
COUNCIL MEMBERS
ABSTAIN:
COUNCIL MEMBERS
EXECUTED this _____ day of
, 1991, at Chula Vista, California.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
[SEAL]
~~'I'I
SUPPLEMENTAL
COUNCIL AGENDA STATEMENT
ITEM TITLE:
a) Resolution
b) Resolution
c) Resolution
Item
Meeting Date 12/18/90
Adopting a map showing the proposed boundary
of a special Assessment District No. 90-3,
EastLake Greens Phase I
Declaring intention and covering preliminary
determination to order the acquisition of certain
improvements in a proposed Assessment District
No. 90-3, EastLake Greens Phase I: ordering
the preparation of a report describing the district
to be assessed to pay the costs and expenses
thereof; and providing for the issuance of bonds
Passing on the "Report" of the Engineer, giving
preliminary approval and setting a time and
place for a public hearing regarding Assessment
District No. 90-3, EastLake Greens Phase I
d) Resolution Approving revisions to the acquisition/financing
agreement for Assessment District No. 90-3,
EastLake Gre7 Phase I.
Director of Public wor~ fiIf'/
City Manager
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
(4/5ths Vote: Yes_No-X)
On October 16, 1990, Council accepted the petition of the EastLake Development Company
and other property owners to initiate acquisition assessment district proceedings, pursuant
to the Municipal Improvement Act of 1913 and Ordinance 2397, for the financing of
infrastructure improvements in the Greens and surrounding areas of the EastLake
development. This item continues the formal proceedings leading to the establishment of
the EastLake Greens - Phase I assessment district.
~)''''I )'
Page 2, Item
Meeting Date 12/18/90
RECOMMENDATION:
Adopt the resolution. Set time and date of public hearing for January 22, 1991, at 6;30 p.m.
BOARDS AND COMMISSIONS RECOMMENDATIONS: None
DISCUSSION:
At its meeting of December 11, 1990, the Council continued this item for one week and
requested information in three areas: What would be the impact of the proposed
assessments on future homeowners?; What information relative to the proposed assessments
would be disclosed to new home buyers?; and, By approving this assessment district, what
additional liability is the City taking on? The following responses are offered to those
questions.
What would be the impact of the proposed assessments on future homeowners?
City policy requires that the aggregate total of all property taxes, special taxes, and the
annual debt service for special assessments shall not exceed two percent (2%) of the market
value of a home. The two percent target is widely used by public agencies in California to
evaluate the impact of special taxes, primarily Mello-Roos Community Facility Districts, and
the annual payments for assessment districts on homeowners.
Since the property tax is approximately one percent (1%), the total of special taxes and
assessment district debt service cannot exceed the remaining one percent (1%). A
preliminary review of the existing and future debt, including this proposed assessment
district, by the financial consultant indicates that the maximum annual payments will be in
the range of three-quarters of one percent (3/4 of 1 %). This is substantially below the one
percent (1 %) referred to above.
The proposed assessments range from $5,930 for condominium units to $6,700 for detached
dwelling units. The estimated market value ranges .from $170,000 for the lowest
condominium unit to $192,000 for the lowest detached dwelling unit. The annual debt
service payment on an assessment of $5,930 would be approximately $590, which is 0.35
percent (0.35%) of the $170,000 value; for the assessment of $6,700, annual debt service
payment would be $670, which is 0.35 percent (0.35%).
As discussed below, the home owner will be informed of the assessment district. The
facilities being constructed are necessary for the developers to construct their subdivisions.
Consequently, the developers have to front the costs and then charge them to the home
buyer in the price of the home or charge them through an assessment district. The financial
impact to the home owner is shown on Exhibit S-I, attached, whereby the home owner has
the choice of financing the assessment through his mortgage or accepting the assessment.
This table illustrates, that over the life of the financing, the home owner would pay $4,390
more in interest payments if the assessment district were not an option. Therefore, there
3-- r-It.
Page 3, Item
Meeting Date 12/18/90
is a small favorable impact for the home owner in using the assessment district. There have
been very few, if any, home owners who assumed obligations through their conventional
loans in lieu of the assessment district.
What infonnation relative to the proposed assessments would be disclosed to new home buyers?
The City has a very strong disclosure ordinance regarding special taxes and special
assessments. Developers are required to disclose not only the amount of taxes and/or
assessments, but to show prospective home buyers all annual payments and the cost to
discharge the special tax and/or assessment in its entirety at the time of purchase. In an
effort to assure that home buyers acknowledge this information, they may indicate on the
disclosure form whether or not they wish to discharge any or all of the special taxes and
assessments, and sign the form. Sample disclosure forms for the proposed assessment
district are attached.
By approving this assessment district, what additional liability is the City taking on?
The City is assuming no liability in approving this assessment district. The land upon which
the assessments are levied provides the sole security for any bonds which are issued as a part
of this proceeding.
The following language is from an Official Statement to potential bond buyers and is
commonly utilized throughout California on assessment district bond issues;
"Neither the full faith and credit nor the general taxing power of
the City, the State of Califomia, nor any political subdivision
thereof is pledged to the paymellt of the bonds. If a delinquency
occurs in the payment of any assessmellt installmellt, the City will
have a duty only to transfer into the redemption fund the amoullt
of the delinquency out of the reserve fund. This dllly of the City
is continuing during the period of delinquency, only to the extellt
of funds available from the reserve fund, until reinstatement,
redemption or sale of the delinquent property. There is no
assurance that sufficient funds will be available from the reserve
fund for this plllpose. In accordance with Section 8769(b) of the
Improvement Bond Act of 1915, the City has detennined that it
will not obligate itself to advance funds from its treasury to cure
any deficiency in the redemption fund."
Included in the assessment district budget are monies to establish a reserve fund. This fund,
which is equal in amount to one full year of debt service on the bonds, is established for the
purpose of paying the bondholders in the event of any delinquency on the part of property
;;. f"/7
Page 4, Item
Meeting Date 12/18/90
owners in making their payments, which are collected on the annual property tax bill. If a
property owner is delinquent, the City will begin foreclosure proceedings against the
property within 150 days.
The impact of issuing assessment district bonds on the City's ability to issue other types of
bonds is negligible. It can actually enhance the City's bond issuing capability if the
administration of assessment district bonds is timely and thorough.
CONCLUSION:
Assessment district financing is widely used in new developments in California, including
Chula Vista. All new development east of 1-805 are in School District Mello-Roos Districts,
and all new development for EastLake and Rancho del Rey use assessment districts for
infrastructure.
The Council Agenda Statement of December 11, 1990, is attached for reference. Also
attached are sample disclosure forms given to potential buyers to fully inform them of the
assessment.
[AI 13,ZIA,l 13,lS.WPJ
;;"Y"11
EXHIBIT 5-1
TOTAL INTEREST PAID
CASE I - Assessment District and Conventional Loan
Assume conventional loan @ 10% - 30 yr. - 20% down
Assessment districts @ 8~% - 25 yr. - no down
Amount Monthly Total
Price Financed Payment Interest
Conv. loan $170,000 $136,000 $1,202.24 $296,806.40
A.D. 90-3 5,930 48.27 8,551.00
$141,930 $1, 250. 51 $305,357.40
CASE II - Financed by Conventional Loan Only
Conv. loan
$175,930
$141,930
$1,254.66
$309,747.60
Amount of interest saved by Assessment District is $4,390.20
p1.1,/1
-
ITEM TITLE: a)
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item~, (! .1)
Meeting Date 12/11/90
Adopting a map showing the proposed
Assessment District No. 90-3, Eastlake
b)
Resolution ,Sq'1A.
boundary of special
Greens Phase I
Resol ut i on ,S"q.,,, Decl ari ng intent i on and coveri ng
pre 1 imi nary determi nat i on to order the acqui sit i on of certa in
improvements in proposed Assessment Di stri ct No. 90-3,
Eastlake Greens Phase I: ordering the preparation of a report
descri bi ng the di stri ct to be assessed to pay the costs and
expenses thereof; and providing for the issuance of bonds
Reso 1 ut i on 'f'ql" Pass i ng on the "Report" of the
Engineer, giving preliminary approval and setting a time and
place for a public hearing regarding Assessment District No.
90-3, Eastlake Greens Phase I
Resolution ,S-It!)$'"' Approving revisions to the
acquisition/financing agreement for Assessment District No.
90-3, Eastl ake Greens Phas~ ,,~,,/
Director of Public work~lr-
City Manager)7~~ (4/5ths Vote: Yes___No~)
c)
d)
On October 16, 1990, Council accepted the petition of the Eastlake Development
Company and other property owners to initiate acquisition assessment district
proceedings, pursuant to the Municipal Improvement Act of 1913 and Ordinance
2397, for the financing of infrastructure improvements in the Greens and
surrounding areas of the Eastlake development. This item continues the formal
proceedings leading to the establishment of the Eastlake Greens - Phase I
assessment district.
RECOMMENDATION: Adopt the resolutions. Set time and date of public hearing
for January 15, 1991, at 6:30 p.m.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The public improvements proposed to be financed through the acquisition
assessment district proceedings include major and collector streets, water and
sewer systems, reclaimed water facilities, electrical, gas, and telephone
systems, storm drain facilities, and landscaping and irrigation systems. The
estimated total amount proposed to be assessed to the land in the district is
$24,185,852, including $17,342,959 for construction and $6,842,893 in expenses
which include design engineering and plan checking costs, inspection costs,
assessment di stri ct consultant expenses, and bond reserve fund and di scount
all o.wances.
Construction of the competitively bid improvements began in early 1990 and are
est imated to be completed by April 1, 1991. The improvements in the Greens
area will be sufficiently complete in early January, 1991 that the Eastlake
-If-+ ;2F' "l C>
Page 2, Item "II~+e
Meeting Date 11/6/90
Development Company has scheduled the grand opening of that area in early
February with the marketing of homes to follow shortly thereafter. Since the
marketing of homes would precede the levying of assessments in a standard
acquisition assessment district proceedings, Eastlake Development Company has
requested that the City's recently adopted procedural ordinance, Ordinance
2397, which allows the acquisition of improvements completed after the
adopt i on of the resol ut i on of intent i on and publ i c heari ng, be ut il i zed to
complete the proceedings prior to February. The City has received a guarantee
for all City improvements included in the proposed assessment districts in the
form of bonds. This will ensure that the improvements assessed in the
district will be constructed. Additionally, the City will not pay for the
acquisition of improvements until they have been completed.
The areas i ncl uded wi thi n the proposed assessment di stri ct boundary are the
Greens, Trails, Vistas and the Olympic Training Center site. Only the
northern portion of the Greens will have all improvements constructed at this
time, and will receive no subsequent assessments. The Trails, Vistas, Olympic
Tra i ni ng Center, and the southern portion of the Greens, however, recei ve
benefit from portions of the backbone water, sewer, reclaimed water,
electrical, gas, and telephone systems being constructed at this time. As
improvements are completed in these areas in the future, Eastlake Development
Company has i ndi cated they wi 11 propose subsequent assessment di stri cts for
those improvements.
The proposed revisions to the approved acquisition/financing agreement consist
of the addition of two major streets, included in the Transportation
Development Impact Fee (DIF) program, and the deletion of one street, also in
the DIF program. The streets to be added are Eastlake Parkway from Otay Lakes
Road to approximately 4,500 feet south and Hunte Parkway from Otay Lakes Road
to Clubhouse Drive. The deleted street is East Orange Avenue from Hunte
Parkway to approximately 5,000 feet east. Also deleted are the water, sewer,
and storm drain facilities which would have been constructed as an integral
part of East Orange Avenue.
At the time the acqui sit i on/fi nanci ng agreement was prepared, it was thought
by the developer that the inclusion of the DIF amount, then S2,850 per
equi val ent dwell i ng unit, in the assessments for the other improvements woul d
result in total assessments which would exceed the City's policy limiting all
annual public debt service to one percent (1%) of the value of a dwelling unit
or other development. A detailed review by the City's financial consultant
has shown that even with the addition of the recently updated DIF amount, the
proposed assessments are well below the one percent limit. East Orange Avenue
is bei ng deleted due to a schedul e change by the developer whi ch del ays its
completion until late 1991 or early 1992.
The next step in the assessment district proceedings is the publ ic hearing.
Adopt i on of tonight's reso 1 ut ions wi 11 set the time and date of the publ i c
hearing for January 15, 1991, at which time the district will be formed and
the assessments will be levied. After the publ ic hearing, further Council
action will be necessary to authorize the sale of bonds.
FISCAL IMPACT: The Developer has advanced all City expenses related to the
proposed assessment district. In conformance with City pol icy on developer
requested assessment districts, recently adopted by Resolution 15897, Eastlake
Development Company will deposit the origination charge of approximately
$240,000 prior to the public hearing. The actual amount will be based on the
Final Engineer's Report.
DDS/mad:AY083/WPC 5280E
~f'-1.1
.
.
II 'f{:;' 0,-2
-..J
COUNCIL AGENDA STATEMENT
Item !} /
ITEM TITLE:
Meeting Oate 10/16/90
Resolution /5/':') Making findings on a petition for
acquisition of improvements in conjunction with EastLake
Greens; approvi ng an acqu is it i on/fi nanc i ng agreement between
the City and EastLake Development Company in conjunction with
EastLake Greens and authorizing the Mayor to sign said
agreement
Di rector of Pt i c ~k~tf
City Manage(;f ~ j/ (4/5ths Vote: Yes___No-x-)
SUBMITTED BY:
REVIEWED BY:
The Eastlake Development Company and various property owners are petitioning
the City to initiate assessment district proceedings, pursuant to the
Municipal Improvement Act of 1913, for the financing of infrastructure
improvements in the Greens and surrounding areas of the EastLake development.
Eastlake has also executed an acqu is it i on/fi nanci ng agreement whi ch is now
before Council for approval.
RECOMMENDATION: Adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The property owners of record have requested by petition that the City
initiate proceedings for Assessment District No. 90-3 to acquire improvements
consisting of major and collector streets, landscaping and irrigation water
and sewer systems including sewer pump stations, storm drain and dry utility
systems. These improvements are being constructed in conjunction with
EastLake Greens Phase I, some of wh i ch wi 11 benefi t other areas of the
EastLake development. Orange Avenue and other facilities serving the Olympic
Training Center will also be constructed at this time. This additional
benefit will result in an assessment district boundary which is substantially
larger than Phase I of EastLake Greens. See attached diagrams for boundary
and scope of improvements.
In addition to the petition, EastLake Development Company has executed an
agreement for the acqu is i t i on agreement for the acqu is it i on and fi nanc i ng of
improvements. Major elements of the agreement include:
1. City agrees that it intends to proceed with formlng the District.
2. Specific improvements to be included in the District are identified.
3. The estimated cost to the District would be approximately $30 million
dollars.
Said agreement is before Council for approval.
}/ - / ;2y..1"l.
,.r.
/
//
/The estimated total amount to be assessed to the district is approximately $30
. million dollars which includes 10% for contingencies and other associated
. costs. The EastLake Deve 1 opment Company is advanc i ng all necessary funds to
construct the facilities and will be reimbursed from bond proceeds when the
improvements are completed. The City is requiring that a 1% assessment
district origination charge be paid by EastLake. This charge is not
reimbursable through the assessment district proceedings and consequently will
not be assessed to the homeowner. Work has begun on the project and the
improvements are expected to be completed in Spring in 1991.
.
Page 2, Item rJ/
Heeting Date 10/16/90
In summary, by adoption of the above resolutions, the City Council win have
accepted the petition which authorizes staff to proceed with formation of a
special assessment district and authorized the Mayor to sign the agreements.
This is the first step to be taken in the proceedings for assessment districts.
FISCAL IMPACT: All costs will be paid by EastLake Development Company
and/or the assessment district. The 1% assessment district origination charge
will direct approximately $300,000 dollars in revenue to the General Fund upon
formation of the district. The charge wi 11 be paid by EastLake Development
Company and is not reimbursable through the district.
DDS:fp
WPC 5208E
;;U'~3 /;'<;0';4./
---;_~-'//L
ORDER OF PROCEDURE
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I)
DATE OF PUBLIC HEARING:
JANUARY 22, 1991
PUBLIC HEARING
FOR CONSIDERATION:
HEARING REQUIRED PURSUANT TO THE "MUNICIPAL IMPROVEMENT
ACT OF 1913".
MAYOR:
Announce, IlThis
Public Hearing on
"Report.. and all
DISTRICT NO. 90-3
is the time and place fixed for the
the Resolution of Intention, Engineer's
other matters relating to ASSESSMENT
(EASTLAKE GREENS, PHASE I) as above
stated. "
CITY CLERK:
Announce that noti~e of Hearing has been given in the
manner and form as required by law, a Certificate of
Compliance is on file, and that notice was given in the
following ways:
POSTING Notice of Improvement
PUBLISH Notice of Improvement
RECORD Boundary Map
MAILING Notice of Public Hearing
STAFF:
Explain purpose, scope and order of procedure for
Public Hearings.
Explain general nature, location and extent of the
proposed works of improvement and boundaries of the
Assessment District.
Present and summarize "Report" pursuant to the provi-
sions of the "Municipal Improvement Act of 1913".
Explain method and formula of assessment spread;
STAFF:
Report on number of protests (% of area) received and
announce that copies have been delivered to each member
of the legislative body.
END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION
;11#). Y
ORDER OF PROCEDURE
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I)
PAGE TWO
DATE OF PUBLIC HEARING:
JANUARY 22, 1991
MAYOR:
ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR
PROPERTY
First, ask to hear from anyone who wishes to speak
against the improvement, the Assessment District, or the
method of spr~ad.
Then, ask to .hear from anyone who wishes to speak in
favor of the proceedings.
STAFF:
Report on final percentage of protests (% of area)
received.
STAFF AND COUNCIL:
Discussion on proceedings and explanation of alternates
available.
MAYOR:
Declare Public Hearing CLOSED.
IF THE LEGISLATIVE BODY WISHES TO PROCEED:
CITY COUNCIL:
Adopt RESOLUTION ORDERING CHANGES AND MODIFICATIONS TO
ENGINEER'S "REPORT": Formal approval of changes and
modifications to Engineer's "Report" and assessment roll.
CITY COUNCIL:
Adopt RESOLUT~ON APPROVING CONTRACTS FOR OWNERSHIP OF
UTILITY IMPROVEMENTS: Formal acceptance of agreements
with San Diego Gas & Electric, Pacific Bell and otay
Water District.
CITY COUNCIL:
Adopt RESOLUTION CONFIRMING ASSESSMENTS: Formal act ion
ordering the acquisition of the improvements, confirming
the assessments and approving the final Engineer's
"Report" ..
. . .
~ r"~S'
EXIllBIT A
Eastlake Greens Assessment District 90-3
Changes and Modifications
The following are changes and modifications to assessments as preliminarily
approved on December 18, 1990.
AS AS
ASSESSMENT APN PRELIMINARILY MODIFIED
# APPROVED
1 595-321-03 356,033 see assessment N's 335-397
2 595-321-06 629,855 621,738
3 595-321-08 947,277 see assessment N's 177-322
4 595-320-05 596,021 622,075
5 595-321-04 1,625,203 see assessment N's 323-334
6 595-321-10 880,541 914,248
7 595-320-06 234,169 255,224
8 595-320-10 183,859 221,098
9 595-321-11 5,444,296 5,296,397
10 595-320-09 135,722 130,282
11 595-320-07
11 595-321-02
11 595-321-05 1,006,389 967,781
12 MAP 12703 LOT 1 6,700 7,130
13 MAP 12703 LOT 2 6,700 7,130
14 MAP 12703 LOT 3 6,700 7,130
15 MAP 12703 LOT 4 6,700 7,130
16 MAP 12703 LOT 5 6,700 7,130
17 MAP 12703 LOT 6 6,700 7,130
18 MAP 12703 LOT 7 6,700 7,130
19 MAP 12703 LOT 8 6,700 7,130
20 MAP 12703 LOT 9 6,700 7,130
21 MAP 12703 LOT 10 6,700 7,130
22 MAP 12703 LOT 11 6,700 7,130
23 MAP 12703 LOT 12 6,700 7,130
24 MAP 12703 LOT 13 6,700 7,130
25 MAP 12703 LOT 14 6,700 7,130
26 MAP 12703 LOT 15 6,700 7,130
27 MAP 12703 LOT 16 6,700 7,130
28 MAP 12703 LOT 17 6,700 7,130
29 MAP 12703 LOT 18 6,700 7,130
30 MAP 12703 LOT 19 6,700 7,130
31 MAP 12703 LOT 20 6,700 7,130
32 MAP 12703 LOT 21 6,700 7,130
33 MAP 12703 LOT 22 6,700 7,130
34 MAP 12703 LOT 23 6,700 7,130
35 MAP 12703 LOT 24 6,700 7,130
36 MAP 12703 LOT 25 6,700 7,130
37 MAP 12703 LOT 26 6,700 7,130
a. )"#1'"
AS AS
ASSESSMENT APN PRELIMINARILY MODIFIED
# APPROVED
38 MAP 12703 LOT 27 6,700 7,130
39 MAP 12703 LOT 28 6,700 7,130
40 MAP 12703 LOT 29 6,700 7,130
41 MAP 12703 LOT 30 6,700 7,130
42 MAP 12703 LOT 31 6,700 7,130
43 MAP 12703 LOT 32 6,700 7,130
44 MAP 12703 LOT 33 6,700 7,130
45 MAP 12703 LOT 34 6,700 7,130
46 MAP 12703 LOT 35 6,700 7,130
47 MAP 12703 LOT 36 6,700 7,130
48 MAP 12703 LOT 37 6,700 7,130
49 MAP 12703 LOT 38 6,700 7,130
50 MAP 12703 LOT 39 6,700 7,130
51 MAP 12703 LOT 40 6,700 7,130
52 MAP 12703 LOT 41 6,700 7,130
53 MAP 12703 LOT 42 6,700 7,130
54 MAP 12703 LOT 43 6,700 7,130
55 MAP 12703 LOT 44 6,700 7,130
56 MAP 12703 LOT 45 6,700 7,130
57 MAP 12703 LOT 46 6,700 7,130
58 MAP 12703 LOT 47 6,700 7,130
59 MAP 12703 LOT 48 6,700 7,130
60 MAP 12703 LOT 49 6,700 7,130
61 MAP 12703 LOT 50 6,700 7,130
62 MAP 12703 LOT 51 6,700 7,130
63 MAP 12703 LOT 52 6,700 7,130
64 MAP 12703 LOT 53 6,700 7,130
65 MAP 12703 LOT 54 6,700 7,130
66 MAP 12703 LOT 55 6,700 7,130
67 MAP 12703 LOT 56 6,700 7,130
68 MAP 12703 LOT 57 6,700 7,130
69 MAP 12703 LOT 58 6,700 7,130
70 MAP 12703 LOT 59 6,700 7,130
11 MAP 12703 LOT 60 6,700 7,130
72 MAP 12703 LOT 61 6,700 7,130
73 MAP 12703 LOT 62 6,700 7,130
74 MAP 12703 LOT 63 6,700 7,130
75 MAP 12703 LOT 64 6,700 7,130
76 MAP 12703 LOT 65 6,700 7,130
77 MAP 12703 LOT 66 6,700 7,130
78 MAP 12703 LOT 67 6,700 7,130
79 MAP 12703 LOT 68 6,700 7,130
80 MAP 12703 LOT 69 6,700 7,130
81 MAP 12703 LOT 70 6,700 7,130
82 MAP 12703 LOT 11 6,700 7,1130
83 MAP 12703 LOT 72 6,700 7,130
84 MAP 12703 LOT 73 6,700 7,130
85 MAP 12703 LOT 74 6,700 7,130
86 MAP 12703 LOT 75 6,700 7,130
018..;27
AS AS
ASSESSMENT APN PRELIMINARILY MODIFIED
# APPROVED
87 MAP 12703 LOT 76 6,700 7,130
88 MAP 12703 LOT 77 6,700 7,130
89 MAP 12703 LOT 78 6,700 7,130
90 MAP 12703 LOT 79 6,700 7,130
91 MAP 12703 LOT 80 6,700 7,130
_ 92 MAP 12703 LOT 81 6,700 7,130
93 MAP 12703 LOT 82 6,700 7,130
94 MAP 12703 LOT 83 6,700 7,130
95 MAP 12703 LOT 84 6,700 7,130
96 MAP 12703 LOT 85 6,700 7,130
97 MAP 12703 LOT 86 6,700 7,130
98 MAP 12703 LOT 87 6,700 7,130
99 MAP 12703 LOT 88 6,700 7,130
100 MAP 12703 LOT 89 6,700 7,130
101 MAP 12703 LOT 90 6,700 7,130
102 MAP 12703 LOT 91 6,700 7,130
103 MAP 12703 LOT 92 6,700 7,130
104 MAP 12703 LOT 93 6,700 7,130
105 MAP 12703 LOT 94 6,700 7,130
106 MAP 12703 LOT 95 6,700 7,130
107 MAP 12703 LOT 96 6,700 7,130
108 MAP 12703 LOT 97 6,700 7,130
109 MAP 12703 LOT 98 6,700 7,130
lIO MAP 12703 LOT 99 6,700 7,130
lI1 MAP 12703 LOT 100 6,700 7,130
lI2 MAP 12703 LOT 101 6,700 7,130
lI3 MAP 12703 LOT 102 6,700 7,130
lI4 MAP 12703 LOT 103 6,700 7,130
lI5 MAP 12703 LOT 104 6,700 7,130
lI6 MAP 12703 LOT 105 6,700 7,130
lI7 MAP 12703 LOT A 0 0
lI8 MAP 12703 LOT B 0 0
lI9 MAP 12703 LOT C 0 0
120 MAP 12728 LOT 1 47,442 49,316
121 MAP 12728 LOT 2 171,979 178,770
122 MAP 12728 LOT 3 219,421 228,086
123 MAP 12728 LOT 4 183,839 191,099
124 MAP 12728 LOT 5 0 129,454
125 MAP 12728 LOT 6 189,770 197,264
126 MAP 12728 LOT 7 124,536 0
127 MAP 12728 LOT A 0 0
128 MAP 12725 LOT 1 6,346 6,890
129 MAP 12725 LOT 2 6,346 6,890
130 MAP 12725 LOT 3 6,346 6,890
131 MAP 12725 LOT 4 6,346 6,890
132 MAP 12725 LOT 5 6,346 6,890
133 MAP 12725 LOT 6 6,346 6,890
134 MAP 12725 LOT 7 6,346 6,890
135 MAP 12725 LOT 8 6,346 6,890
tJ. f'~~
AS AS
ASSESSMENT APN PRELIMINARILY MODIFIED
# APPROVED
136 MAP 12725 LOT 9 6,346 6,890
137 MAP 12725 LOT 10 6,346 6,890
138 MAP 12725 LOT 11 6,346 6,890
139 MAP 12725 LOT 12 6,346 6,890
140 MAP 12725 LOT 13 6,346 6,890
141 MAP 12725 LOT 14 6,346 6,890
142 MAP 12725 LOT 15 6,346 6,890
143 MAP 12725 LOT 16 6,346 6,890
144 MAP 12725 LOT 17 6,346 6,890
145 MAP 12725 LOT 18 6,346 6,890
146 MAP 12725 LOT 19 6,346 6,890
147 MAP 12725 LOT 20 6,346 6,890
148 MAP 12725 LOT 21 6,346 6,890
149 MAP 12725 LOT 22 6,346 6,890
150 MAP 12725 LOT 23 6,346 6,890
151 MAP 12725 LOT 24 6,346 6,890
152 MAP 12725 LOT 25 6,346 6,890
153 MAP 12725 LOT 26 6,346 6,890
154 MAP 12725 LOT 27 6,346 6,890
155 MAP 12725 LOT 28 6,346 6,890
156 MAP 12725 LOT 29 6,346 6,890
157 MAP 12725 LOT 30 6,346 6,890
158 MAP 12725 LOT 31 6,346 6,890
159 MAP 12725 LOT 32 6,346 6,890
160 MAP 12725 LOT 33 6,346 6,890
161 MAP 12725 LOT 34 6,346 6,890
162 MAP 12725 LOT 35 6,346 6,890
163 MAP 12725 LOT 36 6,346 6,890
164 MAP 12725 LOT 37 6,346 6,890
165 MAP 12725 LOT 38 6,346 6,890
166 MAP 12725 LOT 39 6,346 6,890
167 MAP 12725 LOT 40 6,346 6,890
168 MAP 12725 LOT A 0 0
169 595-050-17
169 595-080-05
169 595-080-13
169 595-080-14
169 595-080-20
169 595-080-21
169 595-090-01
169 595-090-09
169 595-090-10
169 643-020-19
169 643-020-20
169 643-030-04
169 643-030-06
169 643-040-04 10,252,158 8,167,381
;l ,..~c,
AS AS
ASSESSMENT APN PRELIMINARILY MODIFIED
# APPROVED
170 595-320-02 0 0
171 595-320-03 0 0
172 595-320-04 0 0
173 595-320-08 0 0
174 595-321-07 0 0
175 595-320-12 N/A 846,870
176 MAP 16318 LOT 1 N/A 1,146,759
177 MAP 12742 LOT 1 N/A 7,095
178 MAP 12742 LOT 2 N/A 7,095
179 MAP 12742 LOT 3 N/A 7,095
180 MAP 12742 LOT 4 N/A 7,095
181 MAP 12742 LOT 5 N/A 7,095
182 MAP 12742 LOT 6 N/A 7,095
183 MAP 12742 LOT 7 N/A 7,095
184 MAP 12742 LOT 8 N/A 7,095
185 MAP 12742 LOT 9 N/A 7,095
186 MAP 12742 LOT 10 N/A 7,095
187 MAP 12742 LOT 11 N/A 7,095
188 MAP 12742 LOT 12 N/A 7,095
189 MAP 12742 LOT 13 N/A 7,095
190 MAP 12742 LOT 14 N/A 7,095
191 MAP 12742 LOT 15 N/A 7,095
192 MAP 12742 LOT 16 N/A 7,095
193 MAP 12742 LOT 17 N/A 7,095
194 MAP 12742 LOT 18 N/A 7,095
195 MAP 12742 LOT 19 N/A 7,095
196 MAP 12742 LOT 20 N/A 7,095
197 MAP 12742 LOT 21 N/A 7,095
198 MAP 12742 LOT 22 N/A 7,095
199 MAP 12742 LOT 23 N/A 7,095
200 MAP 12742 LOT 24 N/A 7,095
201 MAP 12742 LOT 25 N/A 7,095
202 MAP 12742 LOT 26 N/A 7,095
203 MAP 12742 LOT 27 N/A 7,095
204 MAP 12742 LOT 28 N/A 7,095
205 MAP 12742 LOT 29 N/A 7,095
206 MAP 12742 LOT 30 N/A 7,095
207 MAP 12742 LOT 31 N/A 7,095
208 MAP 12742 LOT 32 N/A 7,095
209 MAP 12742 LOT 33 N/A 7,095
210 MAP 12742 LOT 34 N/A 7,095
211 MAP 12742 LOT 35 N/A 7,095
212 MAP 12742 LOT 36 N/A 7,095
213 MAP 12742 LOT 37 N/A 7,095
214 MAP 12742 LOT 38 N/A 7,095
215 MAP 12742 LOT 39 N/A 7,095
216 MAP 12742 LOT 40 N/A 7,095
217 MAP 12742 LOT 41 N/A 7,095
218 MAP 12742 LOT 42 N/A 7,095
~~-- ,$0
AS AS
ASSESSMENT APN PRELIMINARILY MODIFIED
# APPROVED
219 MAP 12742 LOT 43 N/A 7,095
220 MAP 12742 LOT 44 N/A 7,095
221 MAP 12742 LOT 45 N/A 7,095
222 MAP 12742 LOT 46 N/A 7,095
223 MAP 12742 LOT 47 N/A 7,095
224 MAP 12742 LOT 48 N/A 7,095
225 MAP 12742 LOT 49 N/A 7,095
226 MAP 12742 LOT 50 N/A 7,095
227 MAP 12742 LOT 51 N/A 7,095
228 MAP 12742 LOT 52 N/A 7,095
229 MAP 12742 LOT 53 N/A 7,095
230 MAP 12742 LOT 54 N/A 7,095
231 MAP 12742 LOT 55 N/A 7,095
232 MAP 12742 LOT 56 N/A 7,095
233 MAP 12742 LOT 57 N/A 7,095
234 MAP 12742 LOT 58 N/A 7,095
235 MAP 12742 LOT 59 N/A 7,095
236 MAP 12742 LOT 60 N/A 7,095
237 MAP 12742 LOT 61 N/A 7,095
238 MAP 12742 LOT 62 N/A 7,095
239 MAP 12742 LOT 63 N/A 7,095
240 MAP 12742 LOT 64 N/A 7,095
241 MAP 12742 LOT 65 N/A 7,095
242 MAP 12742 LOT 66 N/A 7,095
243 MAP 12742 LOT 67 N/A 7,095
244 MAP 12742 LOT 68 N/A 7,095
245 MAP 12742 LOT 69 N/A 7,095
246 MAP 12742 LOT 70 N/A 7,095
247 MAP 12742 LOT 71 N/A 7,095
248 MAP 12742 LOT 72 N/A 7,095
249 MAP 12742 LOT 73 N/A 7,095
250 MAP 12742 LOT 74 N/A 7,095
251 MAP 12742 LOT 75 N/A 7,095
252 MAP 12742 LOT 76 N/A 7,095
253 MAP 12742 LOT 77 N/A 7,095
254 MAP 12742 LOT 78 N/A 7,095
255 MAP 12742 LOT 79 N/A 7,095
256 MAP 12742 LOT 80 N/A 7,095
257 MAP 12742 LOT 81 N/A 7,095
258 MAP 12742 LOT 82 N/A 7,095
259 MAP 12742 LOT 83 N/A 7,095
260 MAP 12742 LOT 84 N/A 7,095
261 MAP 12742 LOT 85 N/A 7,095
262 MAP 12742 LOT 86 N/A 7,095
263 MAP 12742 LOT 87 N/A 7,095
264 MAP 12742 LOT 88 N/A 7,095
265 MAP 12742 LOT 89 N/A 7,095
266 MAP 12742 LOT 90 N/A 7,095
267 MAP 12742 LOT 91 N/A 7,095
Erg, 31
AS AS
ASSESSMENT APN PRELIMINARILY MODIFIED
# APPROVED
268 MAP 12742 LOT 92 N/A 7,095
269 MAP 12742 LOT 93 N/A 7,095
270 MAP 12742 LOT 94 N/A 7,095
271 MAP 12742 LOT 95 N/A 7,095
272 MAP 12742 LOT 96 N/A 7,095
273 MAP 12742 LOT 97 N/A 7,095
274 MAP 12742 LOT 98 N/A 7,095
275 MAP 12742 LOT 99 N/A 7,095
276 MAP 12742 LOT 100 N/A 7,095
277 MAP 12742 LOT 101 N/A 7,095
278 MAP 12742 LOT 102 N/A 7,095
279 MAP 12742 LOT 103 N/A 7,095
280 MAP 12742 LOT 104 N/A 7,095
281 MAP 12742 LOT 105 N/A 7,095
282 MAP 12742 LOT 106 N/A 7,095
283 MAP 12742 LOT 107 N/A 7,095
284 MAP 12742 LOT 108 N/A 7,095
285 MAP 12742 LOT 109 N/A 7,095
286 MAP 12742 LOT 110 N/A 7,095
287 MAP 12742 LOT 111 N/A 7,095
288 MAP 12742 LOT 112 N/A 7,095
289 MAP 12742 LOT 113 N/A 7,095
290 MAP 12742 LOT 114 N/A 7,095
291 MAP 12742 LOT 115 N/A 7,095
292 MAP 12742 LOT 116 N/A 7,095
293 MAP 12742 LOT 117 N/A 7,095
294 MAP 12742 LOT 118 N/A 7,095
295 MAP 12742 LOT 119 N/A 7,095
296 MAP 12742 LOT 120 N/A 7,095
297 MAP 12742 LOT 121 N/A 7,095
298 MAP 12742 LOT 122 N/A 7,095
299 MAP 12742 LOT 123 N/A 7,095
300 MAP 12742 LOT 124 N/A 7,095
301 MAP 12742 LOT 125 N/A 7,095
302 MAP 12742 LOT 126 N/A 7,095
303 MAP 12742 LOT 127 N/A 7,095
304 MAP 12742 LOT 128 N/A 7,095
305 MAP 12742 LOT 129 N/A 7,095
306 MAP 12742 LOT 130 N/A 7,095
307 MAP 12742 LOT 131 N/A 7,095
308 MAP 12742 LOT 132 N/A 7,095
309 MAP 12742 LOT 133 N/A 7,095
310 MAP 12742 LOT 134 N/A 7,095
311 MAP 12742 LOT 135 N/A 7,095
312 MAP 12742 LOT 136 N/A 7,095
313 MAP 12742 LOT 137 N/A 7,095
314 MAP 12742 LOT 138 N/A 7,095
315 MAP 12742 LOT 139 N/A 7,095
316 MAP 12742 LOT 140 N/A 7,095
;lg, J,-
AS AS
ASSESSMENT APN PRELIMINARILY MODIFIED
# APPROVED
317 MAP 12742 LOT 141 N/A 7,095
318 MAP 12742 LOT 142 N/A 7,095
319 MAP 12742 LOT A N/A 0
320 MAP 12742 LOT B N/A 0
321 MAP 12742 LOT C N/A 0
322 MAP 12742 LOT X N/A 0
323 MAP 12747 LOT 1 N/A 248,243
324 MAP 12747 LOT 2 N/A 335,858
325 MAP 12747 LOT 3 N/A 365,063
326 MAP 12747 LOT 4 N/A 335,858
327 MAP 12747 LOT 5 N/A 277,448
328 MAP 12747 LOT 6 N/A 0
329 MAP 12747 LOT A N/A 0
330 MAP 12747 LOT B N/A 0
331 MAP 12747 LOT C N/A 0
332 MAP 12747 LOT D N/A 0
333 MAP 12747 LOT E N/A 0
334 MAP 12747 LOT F N/A 0
335 MAP 12744 LOT 1 N/A 7,130
336 MAP 12744 LOT 2 N/A 7,130
337 MAP 12744 LOT 3 N/A 7,130
338 MAP 12744 LOT 4 N/A 7,130
339 MAP 12744 LOT 5 N/A 7,130
340 MAP 12744 LOT 6 N/A 7,130
341 MAP 12744 LOT 7 N/A 7,130
342 MAP 12744 LOT 8 N/A 7,130
343 MAP 12744 LOT 9 N/A 7,130
344 MAP 12744 LOT 10 N/A 7,130
345 MAP 12744 LOT 11 N/A 7,130
346 MAP 12744 LOT 12 N/A 7,130
347 MAP 12744 LOT 13 N/A 7,130
348 MAP 12744 LOT 14 N/A 7,130
349 MAP 12744 LOT 15 N/A 7,130
350 MAP 12744 LOT 16 N/A 7,130
351 MAP 12744 LOT 17 N/A 7,130
352 MAP 12744 LOT 18 N/A 7,130
353 MAP 12744 LOT 19 N/A 7,130
354 MAP 12744 LOT 20 N/A 7,130
355 MAP 12744 LOT 21 N/A 7,130
356 MAP 12744 LOT 22 N/A 7,130
357 MAP 12744 LOT 23 N/A 7,130
358 MAP 12744 LOT 24 N/A 7,130
359 MAP 12744 LOT 25 N/A 7,130
360 MAP 12744 LOT 26 N/A 7,130
361 MAP 12744 LOT 27 N/A 7,130
362 MAP 12744 LOT 28 N/A 7,130
363 MAP 12744 LOT 29 N/A 7,130
364 MAP 12744 LOT 30 N/A 7,130
365 MAP 12744 LOT 31 N/A 7,130
;l.8 - 3~
AS AS
ASSESSMENT APN PRELIMINARILY MODIFIED
# APPROVED
366 MAP 12744 LOT 32 NIA 7,130
367 MAP 12744 LOT 33 NIA 7,130
368 MAP 12744 LOT 34 NIA 7,130
369 MAP 12744 LOT 35 N/A 7,130
370 MAP 12744 LOT 36 N/A 7,130
371 MAP 12744 LOT 37 N/A 7,130
372 MAP 12744 LOT 38 N/A 7,130
373 MAP 12744 LOT 39 N/A 7,130
374 MAP 12744 LOT 40 NIA 7,130
375 MAP 12744 LOT 41 N/A 7,130
376 MAP 12744 LOT 42 N/A 7,130
377 MAP 12744 LOT 43 NIA 7,130
378 MAP 12744 LOT 44 N/A 7,130
379 MAP 12744 LOT 45 N/A 7,130
380 MAP 12744 LOT 46 NIA 7,130
381 MAP 12744 LOT 47 NIA 7,130
382 MAP 12744 LOT 48 N/A 7,130
383 MAP 12744 LOT 49 N/A 7,130
384 MAP 12744 LOT 50 N/A 7,130
385 MAP 12744 LOT 51 N/A 7,130
386 MAP 12744 LOT 52 N/A 7,130
387 MAP 12744 LOT 53 N/A 7,130
388 MAP 12744 LOT 54 N/A 7,130
389 MAP 12744 LOT 55 NIA 7,130
390 MAP 12744 LOT 56 N/A 7,130
391 MAP 12744 LOT 57 N/A 7,130
392 MAP 12744 LOT 58 NIA 7,130
393 MAP 12744 LOT 59 NIA 7,130
394 MAP 12744 LOT 60 N/A 7,130
395 MAP 12744 LOT A N/A 0
396 MAP 12744 LOT B N/A 0
397 MAP 12744 LOT C N/A 0
TOTAL 24,185,852 24,185,852
NOTE: 'NI A' reflects a recent parce1ization
;zg--
51
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
~
\
SEE SIlUT .
SEE SIlUT 7
NOT TO SCALB
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AN A.SSES9.ENT W/JS l.EVED BY TIE mY lXl.N1 CF TIE mY CF
OU.A VISTA. STATE IF CAI...FCJNA. CN PARCB...S IF l.AJ'.O 9-OWN CN
THS ASSES9.ENT DAlRAM MAP. SAD ASSESSt.erT WAS LEV8) CN TIE
~(FFO.L M:FE~ ~~~AN)TIE
~C:~~~~CN~~YN~-----
CFFCE CF TIE STIeT ~ FCR TIE EXACT MO...NT CF EAGI
ASSEset.eIT l.EVED Al3ANST EAl>1 PAR:B... CF lA/'oO 9-OWN CN THS
ASSE......". """'-'M
\
EffY a..ER<. OTVCFCH:I.A VlSTA--
OTY Q.EFI(, mY CF l>I.LA VISTA
FL8J I'll TIE a::FI::E CF TIE OTY a....ER< CF TIE aTY CF Qf...1..A VISTA
THS _ DAY CF __~ IQ9O.
fECCIU:D I'll TIE lFR::E CF TtE STFEET R.PEflN'I'EN:el CF TIE mY CF
D-U..A VISTA Tl-IS _ OAY IF _ g;a
LEGEND
ST~-
OTY IF OU.A VISTA
R.ED THS _ CAY CF ____ Mii.PS 1QQO AT ___ OQ.OCK ______
N IDJ( _____ PACe ---T\i:- CF CF ASSESSM:NT lJSTRCTS, FECC:R:J:R'S
~~EEOO;STr;.TE CF~ 01NTY FHXRER CF TtE
CCl..NTY ~ IF SAN [EOO cn::Ni'Y
-'--
DISTRICT BOUNDARY
PARCEL BOUNDARY
I
NAP
NOT A PART OF THE DISTRICT
NJ7E
TIE EO..NJARY AN) PAAa:LS AS SI-OWN IfiECN AFE
AS SI-OWN CN TIE ASSESSCR'S PAA:E... MAPS CF TIE
alfflV CF SAN CEOO, STATE CF CAlFa'NA.
(0
ASSESSMENT NUMBER
SHEET 1 OF 7 SHEETS
O?%-
'\'W7 WILLDAN ASSOCIATES
\AI COH!iu:rwo ENGINWlS _ P'I.NMJlS
-------
JN04000
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
LEGEND
T
N
I
- - - - - TRACT BOUNDARY
PARCEL BOUNDARY
GRAPHIC SCALE
~u'" .,.
(Dlnft)
llDall_IOOn.
i
12 LIlT NUlIBER
G ASSESSMENT NUMBER
PARCElS ARE IS SHOWN ON THE ASSESSOR'S PARCEL WrPS
Of THE COUNTY Of S1H DIEGO, STATE Of CAlIFORNIA.
SHEET 2 OF 7 SHEETS
;18- 3<c.
'\'W7 WILLDAN ASSOCIATES
\AI C-.TM _1NEl!1I1 Ale ....-U
....-.......--...........--
J.H.04OOO
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE.GREENS PHASE I
.8
\ 8. ..;.
\...../
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SHEET 3 OF 7 SHEETS
~
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(III naT)
I..... 100 ft.
LEGEND
--------- DISTRICT BOUNDARY
PARCEL BOUNDARY
12 LOT NUMBER
G
ASSESSMENT NUMBER
PARCELS ARE AS SHOWN ON THE ASSESSOR'S PAReD.. t.lAPS
OF THE COUNTY OF SAN DIEGO. STATE OF C\UFORNIA.
'\'a'7 WILLDAN ASSOCIATES
\AI CON8Ul.TWQ .JOGHl!RI -....-..
...._..............._.....~,-,...
JJ.I.0-4000
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
.
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\AI CONeul.TM f~IIC1!R' NIO ....._..
__......................bO."'-.-'_
LEGEND
- - - - - TRACT BOUNDARY
8
PARCEL BOUNDARY
,
12
LOT NUMBER
I
ASSESSMENT NUMBER
G
PARCELS ARE AS SHOWN ON THE ASSESSOR>S PAACEL t.W>S
OF THE COUNTY OF SAN DIEGO, STATE OF CALlFORN.....
r
;lg-
J,N.04000
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
~
\ ~
GRAPHIC SCALE
~ L" " i
(11IftE!')
l__IIllIf\.
LEGEND
-.---.-.- TRACT BOUNDARY
PARCEL BOUNDARY
12 L?T NUMBER
o ASSESSMENT NUMBER
PARCELS ARE AS SHOWN ON THE ASSESSOR'S PARCEL t.lAPS
Of THE COUNTY OF SAN DIEGO. STATE OF CAlIfORNIA.
SHEET 5 OF 7 SHEETS
,;}g-
:3
\VW7 WILLDAN ASSOCIATES
'-AI e(lHllt.l.TINO IflGI.EUI AICl ,..,_q
""'--........-................"'-
J.N.04OOD
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
~~
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NO SCALE
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-.-.-.-.- TRACT BOUNDARY
PARCEL BOUNDARY
12
~OT NUMBER
(0
ASSESSMENT NUMBER
PARCELS ARE AS SHOW~ ON THE ASSESSOR'S PARCEl MAPS
or THE COUNTY OF SAN ~EGO, STATE OF CALIFORNIA.
SHEET 6 OF 7 SHEETS
2(- t{o
'\'4'7 WILLDAN ASSOCIATES
\AI COM\.l.TIII8 EltGMUI ..... "--.,
....__........_-.u.........__
J.N.O-l-OOO
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
~
\
NOT TO SCALE
LEGEND
_. _. _. _ TRACT BOUNDARY
.
l
/ .-'-
.-.-
40.
PARCEL BOUNDARY
12
LIlT NUMBER
G ASSESSMENT NUMBER
>>AReELS ARE AS SHOWN ON THE ASSESSOR'S PARCEl IUJ>S
Of' THE COUNTY or SAN ClEGO. STATE OF CAUFORNIA.
SHEET 7 OF 7 SHEETS
;;18-
\'W7 WILLDAN ASSOCIATES
\AI C_tIlO EItllNtn, -1'1.-"
....__........_..........l"....___
J,N.OoWOO
~..
AGREEMENT AND ASSIGNMENT
THIS AGREEMENT AND ASSIGNMENT is by and between CITY OF CHULA VISTA
("Assignee"), the EASTLAKE DEVELOPMENT COMPANY ("Assignor") and PACIFIC
BELL ("utility").
WHEREAS, Assignee has initiated proceedings pursuant to the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and Highways
Code of the State of California, for financing the acquisition and/or
construction of certain public improvements, including utility facilities,
in an assessment district known and designated as ASSESSMENT DISTRICT NO.
90-3 (EASTLAKE GREENS, PHASE I) (hereinafter referred to as the "Assessment
District"); and,
WHEREAS, Assignor and Assignee have entered into an Acquisition/Financing
Agreement ("Acquisition/Financing Agreement") approved by the legislative
body of Assignee, whereby Assignor has agreed to construct or install
certain public improvements, including utility facilities in the Assessment
District and Assignee has agreed to reimburse Assignor for the costs of
such utility facilities pursuant to the terms and conditions of the
Acquisition/Financing Agreement from the proceeds of bonds issued pursuant
to the "Improvements Bond Act of 1915"; and,
WHERE AS, Section 10110 of the Streets and Highways Code of the State of
California specifically provides that before the ordering of any work
and/or acquisition where facilities of improvements will be owned, managed
or controlled by any other pUblic agency or utility, the legislative body
of Assignee shall enter into an agreement with said public agency or
utility which will have the ownership, management and control for said
facilities; and,
WHEREAS, the parties hereto enter into this Agreement for acquisition of
the utility facilities, their conveyance and provisions regarding any
applicable refundings pursuant to the provisions of Section 10110 of the
Streets and Highways Code of the State of California.
NOW, THEREAFTER, it is hereby mutually agreed between the parties as
follows:
SECTION 1.
Except as provided in Section 2 hereinbelow, the undersigned
does agree and assign to Assignee, all of the undersigned's
obligations, rights, title and interest in and to the
contracts (collectively, the "Contracts") identified as
follows:
Letter Agreement dated June 14, 1990, by and between
Pacific Bell and EastLake Development Company for
providing telephone services to EastLake Parkway, Job
No. D3(17)1598Q.
;;J f{-
v~
j,
Letter Agreement dated October 8, 1990, by and between
Pacific Bell and EastLake Development Company for
providing telephone services to EastLake Greens lE/lC
CV, Job No. D3(17)1631Q.
SECTION 2.
Assignor shall also retain any and all right to any refunds
or payments from Utility as provided for under the terms and
conditions of the Contracts.
Assignee's acceptance of these assignments is contingent
upon the successful formation of the Assessment District,
and this Agreement and Assignment shall become effective
after proceedings have been taken and funds are available as
necessary to carry out the terms thereof, and this Agreement
and Assignment has been entered into before the ordering by
Assignee of the work and/or acquisition for this Assessment
District.
SECTION 3.
Assignor and Assignee agree that Assignor's right to the
reimbursement for the costs of construction and installation
of the utility facilities subject to this Agreement and
Assignment shall be governed by the terms and conditions of
the Acquisition/Financing Agreement.
SECTION 4.
The Assignor shall retain all of its obligations to utility
pursuant to the terms and conditions of the contracts.
The undersigned, the Assignee above referred to, hereby accepts this
Assignment subject to all its terms and conditions.
DATED:
CITY OF CHULA VISTA
By:
Title:
DATED:
, I, J I~ I
1/ f I,
EASTLAKE DEVELOPMENT COMPANY
I
~' 1/'1 "
By: l'rJ .' ~,' >1', I,' 'i ~,~fJ
Title:
I ""{""'Ci
'~ " ,
We consent to the foregoing Assignment, without such consent being a
novation.
DATED:
!-/4.-(i/
PACIFIC BELL
By:
f I ''--y,,' '--.
c''"-
------- .-
'0.(
Title: 1</(0111' Of.' l.L','!'1 /11,JtlIlil-tt/'l..
,
plf--
C/J J :J. g-45
, ~.
'.
,
State of California)
) ss
County of San Diego)
On this ~ day of January, 1991, before me Burket E. Quraishi a
Notary Public in and for said County and State personally appeared
W. L. Michalsky known to me to be the Right of Way Manager of PACIFIC
BELL, a California corporation, the corporation that executed the
within instrument, and known to me to be the person who executed the
same on behalf of said corporation and acknowledged to me that said
corporation executed the same pursuant to its by-laws or a
resolution of its Board of Directors.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed by
Notarial Seal in said County and State, the day and year in this
certificate first above written.
My commission expires ~ 22, 1994. /1
~AA-,li ~ L-0.{/(.a,t.~-{~
Notary Public in and for said County and State
OFFICIAL SEAL
BURKET E. aURAISHI
NOTARY PUBUC. CAlFORNIA
SAN DIEGO COUNTY
My Comm. Expires Mar. 22,1994
,zv-
f(f/
STATE OF CALIFORNIA, )
)
County of San Diego )
On ;S', 1991, before me, the
undersigned, a Notar Public f the State of California, duly
commissioned and sworn, personally appeared Robert L. Santos,
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as the President, on behalf of EASTLAKE DEVELOPMENT
COMPANY, a California general partnership, and he acknowledged to
me that such partnership executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal in the County and State aforesaid
the day and year in this certificate first above written.
@,,,,OffICIAl.S(Al
it SILVANA BRAZell
, ..,' " NOTARY PUBlIC,CAllfORNIA
PRINCIPAL OfflCf IN
, , SAN Ill(~ COUNTY
~''''~'~'. My CommISSIon Explfes Feb. 12. 1194
AJUtP~v ~dAr'(
NOTARY PUBLIC
State of California
0lK-
liS
,"
"
"
.
"
AGREEMENT AND ASSIGNMENT
THIS AGREEMENT AND ASSIGNMENT is made and entered into this
1990, by and between EASTLAKE DEVELOPMENT CO. ("Assignor"),
("Assignee") and OTAY WATER DISTRICT ("District").
day of October,
the CITY OF CHULA VISTA
WHEREAS, Assignee has initiated proceedings pursuant to the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code of the State of
California, for financing the acquisition and/or construction of certain public
improvement B r lne 1 uding water f ae i 1 ities, in an assessment district known and
designated as ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I) (hereinafter
referred to as the "Assessment District"); and,
WHEREAS, Assignor and Assignee have entered into an Acquisition/Financing Agreement
("Acquisition/Financing Agreement") approved by the legislative body of Assignee,
whereby Assignor has agreed to construct or install certain public improvements,
including water facilities, in the Assessment District and Assignee has agreed to
reimburse Assignor for the costs of such water facilities pursuant to the terms and
conditions of the Acquisition/Financing Agreement from the proceeds of bonds issued
pursuant to the "Improvement Bond Act of 1915", being Division 10 of the streets and
Highways Code of the State of California; and,
WHEREAS, Section 10110 of the Streets and Highways Code of the State of California
specifically provides that before the ordering of any work and/or acquisition where
facilities or improvements will be owned, managed or controlled by any other public
agency or utility, the legislative body of Assignee shall enter into an agreement
with said public agency or utility which will have the ownership, management and
control for said facilities; and,
WHEREAS, the parties hereto enter into this Agreement and Assignment for acquisition
of the water facilities, their conveyance and provisions regarding any applicable
refundings pursuant to the provisions of Section 10110 of the Streets and Highways
Code of the State of California.
NOW, THEREFORE, it is hereby mutually agreed between the parties as follows:
SECTION 1. Except as provided in Section 2 hereinbelow, the undersigned does agree
and assign to Assignee, all of the undersigned's obligations, rights,
title and interest in and to the following Agreements:
A. Agreement for Construction of a Water System estimated to cost
$2,200,100.00 dated January 3, 1990, by and between the District and
the Assignor (WO#3459/2261);
B. Agreement for Construction of a Water System estimated to cost
$1,555,100.00 dated January 3, 1990, by and between the District and
the Assignor (WO#3401/2220); and
c.
Agreement for Construction
$1,104,800.00 dated July 9,
the Assignor (WO#2230/3415)
of a Water
1990, by and
System estimated to cost
between the District and
(collectively, the "Contracts").
;J. i'--
y'
.,
,
."
SECTION 2. Assignor shall, following the effective date of this Agreement and
Assignment, retain all duties, liabilities and obligations as set forth
in the Contracts. Assignor shall also retain any and all right to any
refunds or payments from District as provided for under the terms and
conditions of the Contracts.
The Agreement and Assignment shall become effective upon the successful
formation of the Assessment District and availability of funds to carry
out the terms thereof, and this Agreement and Assignment has been
entered into before the ordering by Assignee of the work and/or
acquisition for this Assessment District.
SECTION 3. Assignor and Assignee agree that Assignor' B right to the reimbursement
for the costs of construction and installation of the water facilities
subject to this Agreement and Assignment shall be governed by the terms
and conditions of the Acquisition/Financing Agreement, and that District
shall have no liability whatsoever to reimburse Assignor for such costs
except as provided in the Contracts.
SECTION 4. Assignor and Assignee agree that upon completion of the installation of
the facilities, District will own, operate and maintain said improvement
facilities, and will continue to provide service to the property owners
within the boundaries of the Assessment District in accordance with all
valid laws, regulations and ordinances in force. Said facilities shall
become part of the system of District and shall thereafter be used,
operated and maintained as part of said system.
IN WITNESS WHEREOF, this Agreement and Assignment is executed on the day and year
first hereinabove written.
EASTLAKE DEVELOPMENT CO.
"ASSIGNOR" 1
By: _U[il1,,-~ /k+
I, 1..,.1
-JI ' 1
, 1 -AI.-, , .~ ~ -t
T~t e: I,J./"-\" "
The undersigned,
subject to all its
the Assignee above referred
terms and conditions.
to,
hereby
accepts
this
Assignment
CITY OF CHULA VISTA
"ASSIGNEE"
By'
Title:
Consent is given to the foregoing Assignment, without such consent being a novation.
OTAY WATER DISTRICT
"DISTRICT"
-<:<,) ~- /} ,
By: '_J!-;x;" '---~-f.-?-<-.1{~
G
Title: _-:::-e.....e..-\4../ f714''''~
'11 / .).8- JIB'
I
II ;Jt
00
,;J g'''
STATE OF CALIFORNIA, )
)
County of San Diego )
On tiAt{1tV'~ .3 , 1991, before me, the
undersigned, a Notary ubli of the State of California, duly
commissioned and sworn, personally appeared Robert L. Santos,
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as the President, on behalf of EAST LAKE DEVELOPMENT
COMPANY, a California general partnership, and he acknowledged to
me that such partnership executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal in the County and State aforesaid
the day and year in this certificate first above written.
@,..,OffICIAlSEAl
.' . ..,.~.:.. SILVANA BRAZEll
;ji. :, NOTA,RY PU8U,C,CAlIfORNIA
t PRINCIPAL OffiCE IN
. . SAN OliGO COUNTY
'. .~.' My Comm"""" Expl,es fe~ 12. 1994
~
Mk:t~;J Ih~
NOTARY PUBL
State of California
;l8'-
rr
-;'---'<---~
../"
AGREEMENT AND ASSIGNMENT
THIS AGREEMENT AND ASSIGNMENT is by and between CITY OF CHULA VISTA ("Assignee"),
the EASTLAKE DEVELOPMENT COMPANY ("Assignor") and SAN DIEGO GAS & ELECTRIC COMPANY
("Utility") .
WHEREAS, Assignee has initiated proceedings pursuant to the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code of the State of
California, for financing the acquisition and/or construction of certain public
improvements, including utility facilities, in an assessment district known and
designated as ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I) (hereinafter
referred to as the "Assessment District"); and,
WHEREAS, Assignor and Assignee have entered into an Acquisition/Financing Agreement
("Acquisition/Financing Agreement") approved by the legislative body of Assign"",
whereby Assignor has agreed to construct or install certain public improvements,
including utility facilities in the Assessment District and Assignee has agreed to
reimburse Assignor for the costs of such. utility facilities pursuant to the terroR
and conditions of the Acquisition/Financing Agreement from the proceeds of bonds
issued pursuant to the "Improvement Bond Act of 1915"; and,
WHEREAS, Section 10110 of the Streets and Highways Code of the State of California
specifically provides that before the ordering of any work and/or acquisition where
facilities or improvements will be owned, managed or controlled by any other public
agency or utility, the legislative body of Assignee shall enter into an agreement
with said public agency or utility which will have the ownership, management and
control for said facilities; and,
WHEREAS, the parties hereto enter into this Agreement for acquisition of the utility
faci Ii ties, their conveyance and provisions regarding any applicable refundings
pursuant to the provisions of Section 10110 of the Streets and Highways Code of the
State of California.
NOW, THEREFORE, it is hereby mutually agreed between the parties as follows:
SECTION 1. Except as provided in Section 2 hereinbelow, the undersigned does agree
and assign to Assignee, all of the undersigned's obligations, rights,
title and interest in and to the contracts (collectively, the
"Contracts") identified as follows:
Agreement for Extension and Construction of Gas dated June 15, 1990,
by and between San Diego G~B & Electric Company and Eastlake Develop-
ment Company, for the premises known as Eastlake Greens Phase 1 Band
C 2.
Agreement for Underground Electric Extensions to and within New
Residential Development of Land, dated June 15, 1990, by and betwnen
San Diego Gas & Electric Company and Eastlake Development Companv.
for the development of land known as Eastlake Greens Phase 1 Band
C2.
~1- '11
tl
,d
Agreement for Extension and Construction of Gas dated September 24,
1990, by and between San Diego Gas & Electric Company and East lake
Development Company, for .t~e premises known as Eastlake Greens Phase
1 - B/C 4.
Agreement for Extension and Construction of Gas dated August 23,
1990, by and between San Diego Gas & Electric Company and Eastlake
Development Company, for the premises located at Otay Lakes Road Lane
Avenue to Hunte Parkway - Chu1a Vista.
Agreement for Underground Electric Extensions to and within New
Residential Subdivisions, dated August 29, 1990, by and between San
Diego Gas & Electric Company and Eastlake Development Company, for
the premises known as otay Lakes Road Real ighment located at Otay
Lakes Road from Lane Avenue to Hunte Parkway - Chula Vista.
Agreement for Extension and Construction of Gas dated June 26, 1990,
by and between San Diego Gas & Electric Company and East1ake Develop-
ment Company, for the premise~ known as Eastlake Greens Phase 1 Band
C 1.
Agreement for Extension and Construction of Gas dated January 26,
1990, by and between San Diego Gas & Electric Company and East1ake
Development Company, for the premises known as Eastlake Greens Phase
1 A-1.
Agreement for Underground Electric Extensions to and within New
Residential Development of Land, dated January 26, 1990, by and
between San Diego Gas & Electric Company and East1ake Development
Company, for the development of land known as East1ake Greens Phase 1
A-1 legally described as East1ake Parkway at otay Lakes Rd. Chu1a
Vista.
Agreement for Replacement of Overhead with Underground Facilities,
dated January 19, 1990, by and between San Diego Gas & Electric
Company and Eastlake Development Company, for the premises known as
Otay Valley Road Rea1ighment located at Lane Avenue to Hunte Parkway
- Chu1a Vista.
Agreement for Underground Electric Extension to and within New
Residential Development of Land, dated August 23, 1990, by and
between San Diego Gas & Electric Company and East1ake Development
Company, for the development of land known as Eastlake Greens Phase
1B/C3.
Agreement for Extension and Construction of Gas dated August 23,
1990, by and between San Diego Gas & Electric Company and East1ake
Development Company to the premises known as Eastlake Greens Phase
1B/C3.
Agreement
Residential
between San
Company, for
for Underground Electric Extensions to and within New
Development of Land, dated September 24, 1990, by and
Diego Gas & Electric Company and Eastlake Development
the development known as East1ake Greens Phase 1, B/C4.
~-
yt)
.
"
Agreement for Underground Electric Extensions to and within New
Residential Development of 'Land, dated June 26, 1990, by and between
San Diego Gas & Elect.ric Company and Eastlake Development Company,
for the development known as Eastlake Greens Phase 1B and C1.
SECTION 2. Assignor shall, following the effective date of this Assignment, retain
all duties, liabilities and obligations as set forth in Sections 19.0,
21.0, 22.0 and 25.0 of the "Underground Electric General Conditions for
Distribution, Service Systems Construction and Gas Trench", which has
been incorporated into the Contracts. Assignor shall also retain any
and all right to any refunds or payments from Utility as provided for
under the terms and conditions of the Contracts.
Assignee' 8 acceptance of these assignments is contingent upon the
successful formation of the Assessment District, and this Agreement and
Assignment shall become effective after proceedings have been taken and
funds are available as necessary to carry out the terms thereof, and
this Agreement and ABsignmen~ has been entered into before the ordering
by Assignee of the work and/or acquisition for this Assessment District.
SECTION 3. Assignor and Assignee agree that Assignor' a right to the reimbursement
for the costs of construction and installation of the utility facilities
subject to this Agreement and Assignment shall be governed by the terms
and conditions of the Acquisition/Financing Agreement.
DATED: CITY OF CHULA VISTA
By:
Title:
The undersigned, the Assignee above referred to, hereby accepts this Assignment
subject to all its terms and conditions.
DATED:
EASTLAKE DEVELOPMENT COMPANY
i'~' 'A)~ t
1..",< r'.'
/ i;/. ~_ !VJ,.
By:
Title:
,
li_~ l " I 't'
}, ,~....-
.
We consent to the foregoing Assignment, without such consent being a novation.
DATED:, ,.t'?!-CCL/ ,'.'.,
(/ (/
\/ '
f y~;/
/ "/
( , ,
SAN DIEGO GAS & ELECTRIC COMPANY
Q) . /
By: c..-'lf":?vL __ c..::.
\":'-~c~~~~__
Title:
-.
,;u-...
:>1
<..: --,.-' -
STATE OF CALIFORNIA,
County of San Diego
On vULlAL ') , 1991, before me, the
undersigned, a Notary Public f the State of California, duly
commissioned and sworn, personally appeared Robert L. Santos,
personally known to me or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as the President, on behalf of EASTLAKE DEVELOPMENT
COMPANY, a California general partnership, and he acknowledged to
me that such partnership executed the within instrument.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal in the County and State aforesaid
the day and year in this certificate first above written.
@""."OfflCIAlSfAl
'iI" ".., ':" SilVANA BRAZEll
-lit " NOrARY POBlIC,CAlIfORNIA
PRINCIPAL Office IN
, " SA/I DIEGO COONTY
""'''.~'. M~ Commission Elpires Feb 12. 1994
'"
)dw~J ~cl,:yd
NOTARY PUBLI~
State of California
,;zr, .5 z..
KADIE. JENSEN. JOHNSON & BODNAR
Municipal Financing Consultants, Inc.
CARL KADlE
ELEANOR JENSEN
7801 MISSION CENTER CT.
SAN DIEGO, CALIFORNIA 92108
(619) 296-1450
FAX (619) 296-378}
January 2, 1991
WILLOUGHBY C. JOHNSON
p ,0. BOX 1320
402 W. OlAI AVENUE
OJAI, CALIFORNIA 93023
(805) 646-7206
FAX (805) 646-4792
ERNEST B. BODNAR
23) DEXTER PLACE
SAN RAMON, CALIFORNIA 9458l
(415)829.).434
FAX (415) 829.4056
Honorable Mayor and city council
CITY OF CHULA VISTA
Attn: Mr. Lyman Christopher
P.O. Box 1087
Chula vista, CA 92010
RE: Feasibility of Proposed EastLake Assessment District 90-3
Dear Mayor and Council Members:
Conforming to standing City policy, Kadie-Jensen, Johnson &
Bodnar was retained to provide a Feasibility Study concerning the
proposed assessment district project. The two criteria set
defining feasibility are lien ratio and tax per $100 assessed
valuation.
Lien Ratio
Lien ratios within the proposed District, which are the
measure of the debt to the market value as determined by
appraisal, significantly exceed the City's minimum standards of
3 :'1 with the following exceptions:
o Assessment No. 9 - Commercial and industrial
development.
o Assessment No. 10 - Clubhouse
o Assessment No. 11 - Golf Course
It is the City'S policy to require developers to post an
annual renewinq unconditional letter of credit to provide
;>>- 53
Charter Member: Narional Association of Independenr Public Finance Advisors
Honorable Mayor and City Council
January 2, 1991
Page 2
additional security for parcels which do not meet the lien ratio
test. The amount of this letter of credit is equal to the amount
by which the debt would have to be reduced in order to provide a
3:1 lien ratio. This letter of credit is reduced in total or in
part, as appropriate, as development takes place and the 3:1 lien
ratio is established through additional value.
The table below shows the lien ratios for all parcels of
property within the District. It will be noted that prior
assessment districts (85-2) together with the capitalized value
of the Mello-Roos School debt are included in determining the
total lien. The next to last column in the table shows the
amount of the letter of credit which would be required to produce
satisfactory lien ratios with respect to the three parcels
earlier mentioned.
CITY OF CHULA VISTA - EAST LAKE
LIEN RATIO
MEllO Roes TOTAL ADJUSTE
PRELMINARY CAP IT AU ZED ASSESSMENT LIEN RATI
AS'T ASSESSMENT ESTIMATED PRIOR VALUE OF AND MELLO LETTER OF [REDUCING DEB
NO. 90-3 VALUE LIEN RATIO ASSESSMENT MAX TAX ROOS DEBT LIEN RATIO CRED IT BY LOC
---...------------------...........--------..----.....--.------.......--------------...----...------------------------....
1 356,033 7,560,000 21.23 101,474 156,870 614,377 1 12.31 12.31
2 629,855 10,920,000 17.34 147,137 200,705 977,697 1 11.17 11.17
3 947,277 15,950,000 16.84 245,228 308,777 1,501,282 1 10.62 10.62
4 596,021 7,560,000 12.68 92,472 156,870 845,363 1 8.94 8.94
5 1,625,203 19,260,000 11.85 0 494,044 2,119,247 1 9.09 9.09
6 880,541 12,580,000 14.29 160,725 160,730 1,201,995 1 10.47 10.47
7 234,169 2,200,000 9.39 72,656 70,716 377,541 1 5.83 5.83
8 183,859 4,500,000 24.48 106,783 82,708 373,350 1 12.05 12.05
9 5,444,296 6,620,000 1.22 176,089 261,909 5,882,294 1 1. 13 3,675,000 3.00
10 135,722 70,000 0.52 0 0 135,722 1 0.52 112,400 3.00
11 1,006,389 1,432,000 1.42 0 0 1,006,389 1 1.42 529,800 3.00
12-116 703,500 15,750,000 : 22.39 177,579 302,161 1,183.240 1 13.31 13.31
120-127 936,987 13,685,000 : 14.61 177,237 265,631 1,379,856 1 9.92 9.92
128-167 253,840 9,000,000 : 35.46 77,2S3 202,084 533,177 1 16.88 16.88
169 10,252,158 157,323,000 : 15.35 3,629,703 13,881,861 1 11.33 11.33
-----------.-.-----------...-.-.-------------------...----------------------.-..-.-.----------.--.--------.-....-....-....
24,185,850 284,410,000
1,534,632 6,292,907 32,013,389
4,317,200
;J.Y-
5r
Honorable Mayor and city Council
January 2, 1991
Page 3
Tax Rates
The second criteria of feasibility set by city policy
relates to the maximum tax for all purposes to be levied on a
parcel of property. Consistent with a number of communities in
California, this maximum or target tax has been set at $2 per
$100 of assessed valuation. This $2 includes existing general
County taxes and other ad valorem taxes.
The table below shows the total tax rates applicable to
various proposed product types within assessment district 90-3.
It will be noted that the total tax ranges from $1.40 per $100 to
$1.84 per $100 and that the tax for Mello and Assessments range
from $.32 to $.76 per $100.
As can be seen from the table, all proposed product types
within the proposed assessment district are well below the
maximum tax criteria.
~~
Honorable Mayor and city council
January 2, 1991
Page 4
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Honorable Mayor and city council
January 2, 1991
Page 5
Bcecia1 Case
A possible exception should be noted with respect to both
lien ratios and maximum taxes. This is assessor's parcel
595-320-11. The history of this parcel is that it was antici-
pated to be developed to over 100 units at the time the 85-2
assessment was levied. After that, it was shown as being less
than 20 units on tentative maps. For the purpose of assessment
district 90-3 it has been assumed that 45 condominiums will be
built. If less than this number of units are provided on final
maps and are actually constructed, both lien ratios and maximum
tax rates will fail to meet city criteria. Accordingly, it is
recommended that the city enter into a contract with the EastLake
Development Company requiring EastLake to pay down the 90-3
assessments on this parcel at such time final map approval is
granted if such approval contemplates less than 45 units.
If the foregoing report on the feasibility of the study
raises any questions or any additional information is required,
please don't hesitate to call on us. We will, simultaneous with
presenting this report, request the drafting of an agreement with
EastLake to guarantee the pay down of assessments as described
above. It is our recommendation that no bonds be sold for the
project unless such an agreement has been executed, but that all
other proceedings be allowed to move ahead.
cc: John Lippitt
Tom Meade
CK:bt
,2l'
57
PUBLIC HEARING FOR THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
CITY OF CHULA VISTA
Chula vista residents are invited to a public hearing before
the City Council of the City of Chula vista for the purpose
of hearing testimony on the 1990-91 CDBG program. This
public hearing has been rescheduled from January 15 to:
Tuesday, January 22, 1991 at 6:30 p.m.
City Council Chambers
Public Services Building
276 Fourth Avenue, Chula vista
The City Council will be considering an application for a
federally-guaranteed loan of $750,000 to partially fund the
renovation and expansion of the Norman Park Senior Center.
This proposed revision of the 1990-91 CDBG Final Statement
(budget) is available for examination at the City of Chula
Vista, Community Development Department, 276 Fourth Avenue,
Chula Vista. For more information please call David Harris
at 691-5016.
rt.
It-57
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHUlA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL OF THE CITY OF CHUlA VISTA,
CALIFORNIA, WILL HOLD A PUBLIC HEARING, for the Community Development Block
Grant (CDBG) Program.
Chula Vista residents are invited to a public hearing before the City Council
of the City of Chula Vista for the purpose of hearing testimony on the 1990-91
CDBG program. This public hearing has been rescheduled from January l5 to:
Tuesday, January 22, 1991 at 6:30 p.m.
City Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
The City Council will be considering an application for a federally-guaranteed
loan of $750,000 to partially fund the renovation and expansion of Norman Park
Senior Center. This proposed revision of the 1990-91 CDBG Final Statement
(budget) is available for examination at the City of Chula Vista, Community
Development Department, 276 Fourth Avenue, Chula Vista. For more information
please call David Harrls at 69l-50l6.
If you wish to challenge the City Council's action on this matter in court,
you may be limited to raising only those issues you or someone else raised at
the publ ic hearing described in this notice or in written correspondence
delivered to the City Clerk at or prior to the Public Hearing.
SAID PUBLIC HEARING WIll BE HELD BY THE CITY COUNCIL ON TUESDAY, January 22,
1991, AT 6:30 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, Chula Vista, CA.
Dated: January 9, 1991
Beverly A. Authelet
Ci ty Cl erk
t r ,. (,0
ASSESSMENT DISTRICT NO. 90-3
(ACQUISITION)
EASTLAKE GREENS PHASE I
CITY OF CHULA VISTA
Gayle L. McCandliss
Mayor
City Council Members
David L. Malcolm
Jerry R. Rindone
City Staff
John D. Goss
John P. Lippitt
Bruce Boogaard
Cliff Swanson
Leonard M. 'l\loore
Tim Nader
City Manager
Director of Public Works
City Attorney
City Engineer
Professional Services
WilIdan Associates
Municipal Finance Administration
Brown, Harper, Burns & Hentschke
Kadie-Jensen, Johnson & Bodnar
Assessment Engineer
Project Management
Bond Counsel
Financing Consultant
Preliminary approval by the City Council of the City of Chula Vista on the 11th day of
December, 1990.
City Clerk, City of Chula Vista
Final approval and confirmation by the City Council of the City of Chula Vista on the
_ day of January, 1991.
l8-114
City Clerk, City of Chula Vista
ASSESSMENT DISTRICT NO. 90-3
(ACQUISITION)
EASTLAKE GREENS PHASE I
CITY OF CHULA VISTA
TABLE OF CONTENTS
Section
Page
A Order of Procedure and Schedule of Events . . . . . . . . . . . . . . . . . . . . .. 1
B General Information .................................... 2
C Resolution of Intention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
D Engineer's Report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
Part I Plans and Specifications . . . . . . . . . . . . . . . . . . . . . . . . .. 12
Part II Improvement Costs and Expenses ....... . . . . . . . . . . . .. 13
Part III Assessment Roll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
(a) Submittal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
(b) Assessments Per APN . . . . . . . . . . . . . . . . . . . . . . . . . .. 19
(c) Certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 24
(d) Method and Formula of Assessment Spread . . . . . . . . . . . . .. 25
Part IV Diagram (Reduced) . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 46
Part V Description of Work . . . . . . . . . . . . . . . . . . . . . . . . . . .. 51
Part VI Right-of-Way Certificate ......................... 52
Appendix
A - Acquisition Agreement
B - Actual Cost Information (Bound Separately)
C - Procedural Ordinance No. 2397
1
2. f' h!5
Event
1. Acquisition Agreement
2. Adopt Boundary Map
3. Resolution of Intention
4. Presentation of Preliminary
Engineer's Report
SECTION A
ORDER OF PROCEDURE
AND
SCHEDULE OF EVENTS
ASSESSMENT DISTRICT NO. 90-3
5. Public Hearing
Confirmation of Assessments
1
2 i'-~"
Date
October 16, 1990
December 18, 1990
December 18, 1990
December 18, 1990
January 15, 1991
SECTION B
GENERAL INFORMATION
ASSESSMENT DISTRICT 90-3
The Assessment District is proposed for the purpose of acquiring certain public improve-
ments under the Municipal Improvement Act of 1913 and the City of Chula Vista,
Procedural Ordinance No. 2397. The general administration of this District will be
undertaken by the City of Chula Vista and all official actions will be made by the City
Council.
Following the public hearing to confirm the assessments, the property owner has thirty (30)
days in which to pay all or any portion of this assessment without interest or penalty. Each
property owner has the option of paying their total proportional share in cash, or by paying
each in installments through the issuance of assessment bonds. If the property owner elects
not to pay the assessment within the 30 day cash collection period, assessment bonds, in
the amount of the unpaid assessment, will be sold to cover the cost of the assessment. The
total cost may include, but is not limited to, such items as construction costs, design costs,
legal fees, various consultant fees, printing and publication charges, and costs of servicing
bonds.
The cost of the acquisition of these improvements and incidentals is assessed and spread
proportionally over every parcel of land within the District that has received an im-
provement or has benefitted by the improvement. The method of making the assessment
spread is in accordance with the benefits received. The level of benefit varies according
to land use and utilization of the improvements funded.
Additional information may be obtained by contacting the office of the Public Works
Director, John P. Lippitt.
2
tf~lI1-
SECTION C
RESOLUTION OF INTENTION
Original on file at the office of the City Clerk
3
,,'~'1
P.ESOLUTION NO.
RESOLUTION OF THE CITY counCIL OF THE CITY OF
CHULII VISTII, CALIFORNIA, DECLAP.ING 1NTENTIOI'
IIND COVERING PRELII1INIIRY DETERl11NATION TO
ORDER THE ACQU1SITION OF CERTAI11 I11PROVEI,\ENTS
IN A PROPOSED ASSESSl1EIJT DISTRICT; OPDERING
THE PREPIIP.IITION OF II REPORT DESCRIBING THE
DISTRICT TO BE IISSESSED TO PIIY THE COSTS AHD
EXPENSES THEREOF; AND PROVIDING FOR THE
ISSUIINCE OF BONDS
THE CITY COUNCIL OF THE ClTY OF CHULA VISTA, CALIFOPJIIII, DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1.
SECTION 2.
The public interest and convenience reguirer and it is tIle intention of
this body, pursuant to the provisions of Division 12 of the streets and
Highways Code of the state of California (the "H.uniclpal Improvement
Act 1913"), except where expressly modified or amended by the p~-ovi-
sions of the city of chula Vista Special Assessm,,=,nt ProcedurC'l.l
Ordinance No. 2397, to order the acquisition of certain public improve-
ments, together with appurtenances and appurtenant \oJork, in a special
assessment district known and design.3.ted as ASSESSl.IEHT DISTRICT no.
90-3 (EASTLAKE GREENS, PHASE I) (hereinafter referred to as the "Assess-
ment District").
DESCP.IPTION OF I/-1PHOVEI,lEIlTS
The improvements to be acquired Clnd financed under these proceedings
are generally described as street improvements consisting of grading,
base, paving, curb, gutter, sidewalk, street lighting and landscaping,
utilities and underground improvemenLs consisting of water facilities,
sanitary sewers, storm drains, irrigation facilitips and utility facili-
ties, together with appurtenances and appurtenant '..Jork, to serve and
benef it properties located within the boundaries of the Assessment
District.
DESCRIPT10N OF ASSESSMENT DISTRICT
That said improvements and work to be acquired are of direct benefit to
the properties and land within the Assessment District, and this legis-
lative body hereby mElkes the expensps of said work, impl.ovements and
acquisition cllargeable upon a district, Wllich said Ass@ssment District
is hereby decl~red to be the Assessmellt District benefited by said work
and improvement 8 and to b<? cu:;se9s<?c1 to p:'ly th~ cC'sts and expenses
thereof, including incidental e):pc::>nses Clnd costs and ;..]hich is described
as follows:
All that certain territory in tIle District included witllin tl,e exterior
boundary lines sho'..m cn the plat exhibiting the property affected or
benefited by or to be assessed to pay th'? costs and expenses of said
acquisition in the Assessment District, said map titled ~nd identified
as "PHOPOSED BOUllDlIRIES OF IISSESSI1EI'T DISTHICT NO. 90-3 (EIISTLI\KE
GREENS, PHASE I)", and which map was heretofore approved antI whic!, said
map or diagram is on file with the transcript of these proceedings,
EXCEPTING therefrom the area shown within and delineated upon said map
4
li -11'1
SECTION 3.
or plat hereinabove referred to, the area of all public streets, public
n':enues, public lanes, public roads, public drives, public COU1"ts,
public alleys, and all easements anrl. rights-of-'Way therein contained
belonging to the public. For all particulars as to the boundaL-ies of
the Assessment District, reference is hereby made to said boundary map
heretofore previously approved and on file.
REPORT OF ENGINEER
That this
ASS0CIATES,
directed to
2961 of the
report to be
proposed acquisition is hereby referred to WILLDAN
the du 1 y appo i nted ASSESSI'1ENT ENGIIJEER r who is hereby
make and file a combined report as authorized by Section
streets and Highways Code of the State of California, said
in writing and contain the fallowing:
A. Plans of the "as-built" improvements to be acquired;
B.
An estimate of the cost of the
of improvement, including the
connection there,~ith;
acquisition of the "as-built" works
cost of the incidental expenses in
c. A diagram ehowing the Asses~ment District above referred to, whicl1
shall also show the boundarie!3 and dimensions of the respective
subdivisions of land within said Assessment District, as the same
existed at the time of the passage of the Resolution of Intention,
each of which subdi'Jisions shall be given a separate number upon
said Diagram;
D. A proposed assessment of the total amount of the assessable costs
and expenses of the proposed improvement upon the several divisions
of land in proportion to the estimated benefits to be received by
such subdivisions, respectively, from said acquisition of improve-
ments. said assessment shall refer to such subdivisions upon said
diagram by the respective numbers thereof;
E. The description of the ......orks of improvement to be acquired under
these proceedings;
F. The total amount, as near as may b8 determined, of the principal
sum of any unpaid special assessments previously levied or pending,
other than those contemplated in tlles9 proceedings.
G. The true value of the parcels of land and improvements t.Jhich at''''
proposed to be assessed. Said tt-ll,? v;:'llu<? m."lY b<;:> estimated a9 tht?
full cash value of the parcl?ls as 9hm-:n upon the last equalize(l
assessment roll of the County.
Whpn any portion or percentage of tho cost and expenses of the acquisi-
tion is to b~ paid from SOllrce!3 other than as~essments, the amount of
such portion or percenti'lge shall first be deducted from the total
estimated costs and expenses of SCl.id J.cquisition, and ~aid assessment
shall include only the remainder of the estimated costs and expenses.
Srtid assessment shall refer to said sllhdivisions by their respective
numbers as assigned ptlrsuant to Sub~ection D. of this S~ction.
5
2,f- 'XJ
SECTION 4.
SECTION 5.
SECTION 6.
BOtlDS
IJotice is hereby givel1 that bonds to represent the unpaid assessments,
and bear interest at the rate of not to exceed the current legal
maximum rate of 12'l. l:'er annum, \,..i11 be issued hereunder in the manner
provided in the "Improvement Bond Act of 1915" r being Division 10 of
the Streets and Highways Code of the state of California, which bonds
shall mature a maximum of and not to exceed TWENTY-FOUR (24) YEARS from
the second day of s'?ptember next succeeding t....;el ve (12) months from
their date. The provisions of Part 11.1 of said Act, providing an
.:::jlternative procedure for the advance payment of assessments and the
calling of bonds shall apply.
The principal amount of the bonds maturing each year shall be other
than an amount equal to rtn even annual proportion of the aggregat~
principal of the bondF', and the amount of principal maturing in each
year, plus the amount of interest payable in that year, \\'ill be
generally an aggregate amount that is equal each year, except for tile
first year's adjustment.
Pursuant to the provisionR of the streets and Highways Code of the
state of California, specifically Section 10603, the Treaeurer is
hereby designated as tile officer to collect and receive tIle assessments
during the cash coll~ction period. said bonds further shall be
serviced by the Treasurer or designated Paying Agent.
"!.IUNICIPAL 1I1PROVEI1ENT ACT OF 1913"
That except as herein otherwise providod for the issuance of bonds, all
of said acqui~ition shall be made and ordered pursuant to the provi-
sions of the "Municipal Improvement Act of 1913", being Oiv1si011 12 of
the streets and Highways Code of the State of California, and applic-
able Sections of the city of chula Vista Special Assessment Procedural
Ordinance No. 2397.
SURPLUS FUl'DS
That if any excess shall be realized from the assessment, it shall be
used, in such amounts as the legislative body may determine, in accor-
dance with the provisions of laH for one or more of the following
purposes:
A. Transfer to the general fund; provid~d that th~ amount of any such
transfer shall not exceed the lesser of One Thollsand Dollars
($1,000.00) or five percent (5~) of the total from the Improvement
Fund;
B. As a credit upon the assessment and any Sllppll?l11l?ntal assessment; or
C. For the maintenance of the improvement.
6
2 f - 1-1
SPECIAL FUnD
SECTION 7.
Tn e 1 eg i 91 at i......e body hereby establishes a spec ial improvement fund
identified and designated by the name of this Assessment District, and
into said Fund monies may be transferred at any time to expedite the
making of the acquisition herein authorized, and any such advancement
of funds is a loan and shall be repaid out of the proceeds of the sale
of bonds as authorized by law.
PROCEEDINGS IIJQUIRIES
SECTION 8.
For any and all information relating to these proceedings, including
information relating to protest procedure, your attention is directed to
the person designated below:
JOHN LIFPITT, PUBLIC WORKS DIRECTOR
CITY OF CHULA VISTA
P. O. BOX 1087
CHULA VISTA, CA 92012
TELEPHONE: (619) 691-5021
PUBLIC PP,OFEHTY
SECTION 9.
All public property in the use and performance of a public function
shall be omitted from assessment in these proceedings unless expressly
provided and listed herein.
ACQUISITION
SECTION 10. That the public interest and convenience and the statute authorizes tIle
acquisition of those improvements as described in this Resolution, and
said improvements are in existence and have been installed in place
prior to the date of adoption of this Resolution. For a general descrip-
tion of the works of improvement, reference is made to the previously
Approved Acquisition/Financing Agreem~nt, as approved by this legisla-
tive body, a copy of which is on file with the transcript of these
proceedings.
NO CITY LIABILITY
SECTION 11. This legislative body hereby furtll~r declares not to oblignte itself to
advance available funds from the Treasut-y to cure any deficiency which
may occur in the bond redemption fund. This determlni'ltion is mn.de
pursuant to the authority of Socticn 876?(b) of the Streets and Highways
Code of the state of California, and s~id determination shall furtllpr J~e
set forth in the text of the bonds issl.led pursuant to the ,. Improvement
Bond Act of 1915".
DIVISION 4 FPJ)CF':EDItIGS
SECTION 12.
That this legir:lative body
Division 4 of the Streets arld
and compliance has open met as
is in compliance \-lith the provisions of
Hi'Jht.!ays Code of the State of California,
follows:
7
2..i- r;).
A. 60\ petition signed by Froperty owners has bean filed with the
legislative body.
B. Combined Engineer's "Report" as autllQriz~d by Section 2961 will
be filed and be a part of these proceedings.
AllNUAL ADIIINI STRATIVE IISSESSl-lENT
SECTION 13. It is hereby declared that this legislative body proposes to levy an
annual assessment pursuant to Section 10204 of tIle Streets and Highways
Code of the State of California, said annual assessment to pay costs
incurred by the city and not other,,:isl? reimbursed which result from the
admill1stration and collection of assessmellts or from the administration
or registration of any associated bonds and res'?rve of other related
funds.
UTILITY IMPROVEMENTS
SECTION 14. This legislative body further proposes to enter into an Agreements wltll
the following listed ag9ncies and/or regulated utility companies, said
Agreements setting forth certain terms and conditions relating to the
ownership, management And control of certain utility improvements:
A. SAN DIEGO GAS & ELECTRIC CO. - Gas and electrical facilities
B. PACIFIC BELL - Telephone facilities
C. OTAY WATER DISTRICT - Water facilities
A copy of each Agreement shall be, upon approval, on file in the Office
of the city Clerk
APPROVED and ADOPTED this
day of
, 1990.
I1I1YOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
8
;l1-~.3
STATE OF CALIFOPJHA
COUNTY OF St\H D I EGO
CITY OF CHULA VISTA
I, BEVERLY A. AUTHELET, CITY CLERK of the CITY OF CHULA VISTA, CALIFORIJIA, DO HEREBY
CERTIFY that the foregoing Resolution, being Resolution Ho. , \,.'as duly
pagsed, approved and adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, ~ll at the mc~ting of said City Council
held on the day of 1990, and that the same was
passed and adopted by the following vote:
AYES:
COUNCIL MEIIBERS
NOES:
COUNCIL MEMBERS
ABSENT:
COUNCIL MEMBERS
ABSTAIH:
COUNC1L MEIlBERS
EXECUTED this
day of
[SEAL]
, 1990, at Chula Vista, California.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
9
J'~=1-'f
SECTION D
ENGINEER'S REPORT
PURSUANT TO THE PROVISIONS
OF SECTION 10204 OF
THE STREETS AND HIGHWAYS CODE
AND THE CITY OF CHULA VISTA
PROCEDURAL ORDINANCE NO. 2397
Pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division
12 of the Streets and Highways Code of the State of California and the City of Chula Vista,
Procedural Ordinance No. 2397, and in accordance with the Resolution of Intention No.
15973 , adopted by the City Council of the
CITY OF CHULA VISTA
(hereinafter referred to as the "CITY"), in connection with the proceedings for
ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS PHASE I)
(hereinafter referred to as the "Assessment District"), I, John P. Lippitt submit herewith
the Report for the Assessment District, consisting of six (6) parts as follows:
PART I
Plans and specifications for the improvements to be acquired are filed herewith and made
a part hereof. Said plans and specifications are on file in the Offices of the City Clerk and
the Superintendent of Streets.
PART II
The estimated cost of the improvements to be acquired, including incidental costs and
expenses in connection therewith, is set forth on the lists thereof, attached hereto, and are
on file in the Office of the City Clerk.
PART III
A proposed assessment of the total amount of the costs and expenses of the improvements
upon the several subdivisions of land within the assessment district, in proportion to the
estimated benefits to be received by such subdivisions, from said improvements, is set forth
upon the assessment roll filed herewith and made a part hereof.
10
OJ 8 - ':/-5
PART IV
A Diagram showing the assessment district and the boundaries of the subdivision of land
within said assessment district, as the same existed at the time of the passage of the
Resolution of Intention is filed herewith and made a part hereof.
P ART V
Description of the work for the improvements are filed herewith and made a part hereof.
Description of all rights-of-way, easements and lands to be acquired, if necessary, is set
forth on the lists thereof and are on file in the Oftice of the City Clerk.
PART VI
The Assessment Engineer's Certificate stating that the right-of-way associated with the
improvements to be acquired by the City will be transferred to the City by easement or
other means.
This Preliminary Report dated this _ day of
, 1990.
John P. Lippitt
Superintendent of Streets
City of Chula Vista
This Final Report dated this _ day of
, 1991.
John P. Lippitt
Superintendent of Streets
City of Chula Vista
11
~f~::t~
PART I
PLANS AND SPECIFICATIONS
ASSESSMENT DISTRICT NO. 90-3
Plans and specifications for the improvements to be acquired are filed herewith and made
a part hereof. Pursuant to the provisions of the City of Chula Vista Procedural Ordinance
No. 2397, said plans and specifications shall be on file in the offices of the City Clerk and
the Superintendent of Streets.
12
'3.1. rr
PART II
IMPROVEMENT COSTS AND EXPENSES
ASSESSMENT DISTRICT NO. 90-3
Preliminary Confirmed
A. ACQUISITION CONSTRUCTION
COSTS
Water System 980 $ 1,684,921 $1,684,921
Water System 710 1,426,751 1,426,751
Waste Water 2,032,996 2,032,996
Street, Storm Drain & Landscaping 4,947,466 4,947,466
Reclaimed Water 975,861 975,861
Dry Utilities 1,173,014 1,173,014
DIF Streets 5,101,950 5,101,950
Subtotal $ 17,342,959 $ 17,342,959
B. INCIDENTALS (See Next Page) $ 6,842,893 $ 6,842,893
C. TOTAL PROJECT COST $ 24,185,852 $ 24,185,852
Note: The above costs are estimates, and actual costs may differ. However,
reimbursement shall not exceed the above costs.
13
~!-?-,
PART II (Continued)
Preliminary Confirmed
INCIDENTAL EXPENSES
1. Project Management $ 40,000 $ 40,000
2. Assessment Engineering 70,000 70,000
3. Design Engineering 1,367,000 1,367,000
4. Construction Supervision 70,000 70,000
5. Bond Counsel 62,732 62,732
6. Financial Consultant 35,000 35,000
7. Landscape Design 320,000 320,000
8. Utility Engineering 50,000 50,000
9. Plan Check & Inspection Fees 600,000 600,000
10. Public Agency Project Management 35,000 35,000
11. Surveying & Staking 336,000 336,000
12. Special Studies Engineering 300,000 300,000
13. Soils Engineering ]64,000 164,000
14. Printing, Advertising, Posting of Public 4,000 4,000
Hearing Notices
15. Bond Printing, Servicing & Registration 10,000 10,000
16. Sewer & Water Engineering 235,000 235,000
17. Capitalized Interest 0 241.859
Subtotal Incidentals $ 3,698,732 $ 3,940,591
18. Bond Discount (3%)(2%)* 725,576 483,717
19. Reserve Fund (10%) 2.4]8.585 2.418.585
(See Next Page)
TOTAL INCIDENTAL EXPENSES 6,842,893 6,842,893
Note: The above costs are estimates, and actual costs may differ. However,
reimbursement shall not exceed the above costs.
* Bond discount is calculated at 3% for preliminary expense and at 2% for confirmed
expense.
14
2 ~ .. iO
PART IT (Continued)
CALCULATION OF BO!\TJ) DISCOUNT AND RESERVE FUND
Preliminary
Confirmed
A. Acquisition Construction Cost
$ 17,342,959
$ 17,342,959
B. Incidental Subtotal without Bond
Discount and Reserve Fund
3.698.732
3.940.591
Subtotal
$ 21,041,691
21,283,550
Bond Discount (3 % )(2 %)"
725,576
483,717
Reserve Fund (10%)
2.418.585
2.418.585
Total Discount and Reserve Fund
3,144,161
2,902,302
TOTAL TO ASSESSMENT
$ 24,185,852
$ 24,185,852
Note: The above costs are estimates, and actual costs may differ. However,
reimbursement shall not exceed the above costs.
" Bond discount is calculated at 3 % for preliminary expense and at 2 % for confirmed
expense.
15
~1..ll
PART III
ASSESSMENT ROLL
ASSESSMENT DISTRICT NO. 90-3
PART III (a)
SUB:\IITT AL
MUNICIPAL IMPROVEMENT ACT OF 1913,
DIVISION 12 OF THE STREETS AND HIGHWAYS CODES
OF THE STATE OF CALIFORNIA,
AND THE CITY OF CHULA VISTA,
PROCEDURAL ORDINANCE NO. 2397
WHEREAS, on November 6, 1990, the City Council did, pursuant to the provisions of the
"Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways
Code of the State of Ca1ifomia and the City of Chula Vista Procedural Ordinance No.
2397, adopt Resolution of Intention No. 15973 for the acquisition of certain public
improvements, together with appurtenances and appurtenant work in connection therewith
in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 90-3
EASTLAKE GREENS PHASE I
(Hereinafter referred to as the "Assessment District"); and,
WHEREAS, said Resolution of Intention, as required by law, did direct the appointed
Superintendent of Streets to make and file a report consisting of the following:
1) Plans and specifications;
2) Estimated cost of improvements;
3) A proposed assessment of the costs and expenses of the works of improvement
levied upon the parcels and lots of land within the boundaries of the assessment
district;
4) Assessment diagram showing the assessment district and the subdivisions of
land contained herein;
5) A description of the public improvements to be acquired;
For particulars, reference is made to the Resolution of Intention as adopted by the City
Council.
16
~f"8a
NOW THEREFORE, I, John P. Lippitt, as appointed Superintendent of Streets, and
pursuant to the "Municipal Improvement Act of 1913" and the City of Chula Vista
Procedural Ordinance No. 2397, do herein submit the following:
I. I, pursuant to the provisions of law and the Resolution of Intention, have assessed the
costs and expenses of the works of improvement to be performed in the Assessment
District upon the parcels of land in the Assessment District benefitted thereby in
direct proportion and relation to the estimated benefits to be received by each of said
parcels. For particulars of the identification of said parcels, reference is made to the
Assessment Diagram.
2. As required by law, a Diagram is herein included, showing the Assessment District
as well as the boundaries of the respective parcels and subdivisions of land within
said district as the same existed at the time of the passage of said Resolution of
Intention, each of which subdivisions of land or parcels or lots respectively have been
given a separate number upon said Diagram and in said Assessment Roll.
3. The subdivisions and parcels of land and the numbers therein as shown on the
respective Assessments Diagram as included herein correspond with the numbers as
appearing on the Assessment Roll as contained herein.
4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division
10 of the Streets and Highways Code of the State of California (the "Improvement
Bond Act of 1915"), to represent all unpaid assessments, and the last installment of
said bonds shall mature a maximum of TWENTY-FOUR (24) YEARS from the 2nd
day of September next succeeding twelve (12) months from their date. Said bonds
shall bear interest at a rate not to exceed the current legal maximum rate of 12 % per
annum.
5. By virtue of the authority contained in said "Municipal Improvement Act of 1913",
and the City of Chula Vista Procedural Ordinance No. 2397 and by further direction
and order of the City Council, I hereby make the following assessment to cover the
costs and expenses of the works of improvement for the Assessment District based
on the costs and expenses set forth as follows:
Preliminary
Confirmed
Acquisition Construction Costs
17,342,959
17,342,959
Incidental Costs & Expenses
6,842,893
6,842,893
Amount to Assessment
24,185,852
24,185,852
For particulars as to the individual assessments and their descriptions, reference is
made to the Assessment Roll attached hereto.
17
J8 -83
6. In addition to or as a part of the assessment lien levied against each parcel of land
within the Assessment District, each parcel of land shall also be subject to an annual
assessment to pay costs incurred by the City and not otherwise reimbursed which
result from the administration and collection of assessments or from the administra-
tion or registration of any bonds and/or reserve or other related funds. The
maximum amount of such annual assessment upon each such parcel of land shall not
exceed 5 % of the amount of the annual assessment installment.
7. All costs and expenses of the works of improvement have been assessed to all parcels
of land within the Assessment District in a manner which is more clearly defined in
the "Method and Formula of Assessment Spread", which is a part of this Assessment
Roll.
The preliminary report dated:
,1990 By:
John P. Lippitt
Superintendent of Streets
City of Chula Vista
State of California
The final report dated:
, 1991
By:
John P. Lippitt
Superintendent of Streets
City of Chula Vista
State of California
18
~8-8'1
PART III (b)
ASSESSl\IENTS PER APN
19
~8- 85
ASSESSMENT APN AREA PRELIMINARY CONFIRMED
# ASSESSMENT ASSESSMENT
I 595-321-03 R-7 356,033 see assessment #'s 335-397
2 595-321-06 R-1I 629,855 621,738
3 595-321-08 R-13 947,277 see assessment #'s 177-322
4 595-320-05 R-14 596,021 622,075
5 595-321-04 R-17 1,625,203 see assessment #'s 323-334
6 595-321-10 R-22 880,541 914,248
7 595-320-06 R-24 234,169 255,224
8 595-320-10 R-28 183,859 221,098
9 595-321-11 VC-1 5,444,296 5,296,397
10 595-320-09 CLUB HOUSE 135,722 130,282
11 595-320-07 GOLF CRS. I
11 595-321-02 GOLF CRS. I
11 595-321-05 GOLF CRS. I 1,006,389 967,781
12 MAP 12703 LOT 1 R-5 6,700 7,130
13 MAP 12703 LOT 2 R-5 6,700 7,130
14 MAP 12703 LOT 3 R-5 6,700 7,130
15 MAP 12703 LOT 4 R-5 6,700 7,130
16 MAP 12703 LOT 5 R-5 6,700 7,130
17 MAP 12703 LOT 6 R-5 6,700 7,130
18 MAP 12703 LOT 7 R-5 6,700 7,130
19 MAP 12703 LOT 8 R-5 6,700 7,130
20 MAP 12703 LOT 9 R-5 6,700 7,130
21 MAP 12703 LOT 10 R-5 6,700 7,130
22 MAP 12703 LOT 11 R-5 6,700 7,130
23 MAP 12703 LOT 12 R-5 6,700 7,130
24 MAP 12703 LOT 13 R-5 6,700 7,130
25 MAP 12703 LOT 14 R-5 6,700 7,130
26 MAP 12703 LOT 15 R-5 6,700 7,130
27 MAP 12703 LOT 16 R-5 6,700 7,130
28 MAP 12703 LOT 17 R-5 6,700 7,130
29 MAP 12703 LOT 18 R-5 6,700 7,130
30 MAP 12703 LOT 19 R-5 6,700 7,130
31 MAP 12703 LOT 20 R-5 6,700 7,130
32 MAP 12703 LOT 21 R-5 6,700 7,130
33 MAP 12703 LOT 22 R-5 6,700 7,130
34 MAP 12703 LOT 23 R-5 6,700 7,130
35 MAP 12703 LOT 24 R-5 6,700 7,130
36 MAP 12703 LOT 25 R-5 6,700 7,130
37 MAP 12703 LOT 26 R-5 6,700 7,130
38 MAP 12703 LOT 27 R-5 6,700 7,130
39 MAP 12703 LOT 28 R-5 6,700 7,130
40 MAP 12703 LOT 29 R-5 6,700 7,130
41 MAP 12703 LOT 30 R-5 6,700 7,130
42 MAP 12703 LOT 31 R-5 6,700 7,130
43 MAP 12703 LOT 32 R-5 6,700 7,130
44 MAP 12703 LOT 33 R-5 6,700 7,130
45 MAP 12703 LOT 34 R-5 6,700 7,130
46 MAP 12703 LOT 35 R-5 6,700 7,130
20
~g-8h
ASSESSMENT APN AREA PRELIMINARY CONFIRMED
# ASSESSMENT ASSESSMENT
47 MAP 12703 LOT 36 R-5 6,700 7,130
48 MAP 12703 LOT 37 R-5 6,700 7,130
49 MAP 12703 LOT 38 R-5 6,700 7,130
50 MAP 12703 LOT 39 R-5 6,700 7,130
51 MAP 12703 LOT 40 R-5 6,700 7,130
52 MAP 12703 LOT 41 R-5 6,700 7,130
53 MAP 12703 LOT 42 R-5 6,700 7,130
54 MAP 12703 LOT 43 R-5 6,700 7,130
55 MAP 12703 LOT 44 R-5 6,700 7,130
56 MAP 12703 LOT 45 R-5 6,700 7,130
57 MAP 12703 LOT 46 R-5 6,700 7,130
58 MAP 12703 LOT 47 R-5 6,700 7,130
59 MAP 12703 LOT 48 R-5 6,700 7,130
60 MAP 12703 LOT 49 R-5 6,700 7,130
61 MAP 12703 LOT 50 R-5 6,700 7,130
62 MAP 12703 LOT 51 R-5 6,700 7,130
63 MAP 12703 LOT 52 R-5 6,700 7,130
64 MAP 12703 LOT 53 R-5 6,700 7,130
65 MAP 12703 LOT 54 R-5 6,700 7,130
66 MAP 12703 LOT 55 R-5 6,700 7,130
67 MAP 12703 LOT 56 R-5 6,700 7,130
68 MAP 12703 LOT 57 R-5 6,700 7,130
69 MAP 12703 LOT 58 R-5 6,700 7,130
70 MAP 12703 LOT 59 R-5 6,700 7,130
71 MAP 12703 LOT 60 R-5 6,700 7,130
72 MAP 12703 LOT 61 R-5 6,700 7,130
73 MAP 12703 LOT 62 R-5 6,700 7,130
74 MAP 12703 LOT 63 R-5 6,700 7,130
75 MAP 12703 LOT 64 R-5 6,700 7,130
76 MAP 12703 LOT 65 R-5 6,700 7,130
77 MAP 12703 LOT 66 R-5 6,700 7,130
78 MAP 12703 LOT 67 R-5 6,700 7,130
79 MAP 12703 LOT 68 R-5 6,700 7,130
80 MAP 12703 LOT 69 R-5 6,700 7,130
81 MAP 12703 LOT 70 R-5 6,700 7,130
82 MAP 12703 LOT 71 R-5 6,700 7,130
83 MAP 12703 LOT 72 R-5 6,700 7,130
84 MAP 12703 LOT 73 R-5 6,700 7,130
85 MAP 12703 LOT 74 R-5 6,700 7,130
86 MAP 12703 LOT 75 R-5 6,700 7,130
87 MAP 12703 LOT 76 R-5 6,700 7,130
88 MAP 12703 LOT 77 R-5 6,700 7,130
89 MAP 12703 LOT 78 R-5 6,700 7,130
90 MAP 12703 LOT 79 R-5 6,700 7,130
91 MAP 12703 LOT 80 R-5 6,700 7,130
92 MAP 12703 LOT 81 R-5 6,700 7,130
93 MAP 12703 LOT 82 R-5 6,700 7,130
94 MAP 12703 LOT 83 R-5 6,700 7,130
95 MAP 12703 LOT 84 R-5 6,700 7,130
96 MAP 12703 LOT 85 R-5 6,700 7,130
~2~_8r
ASSESSMENT APN AREA PRELIMINARY CONFIRMED
# ASSESSMENT ASSESSMENT
97 MAP 12703 LOT 86 R-5 6,700 7,130
98 MAP 12703 LOT 87 R-5 6,700 7,130
99 MAP 12703 LOT 88 R-5 6,700 7,130
100 MAP 12703 LOT 89 R-5 6,700 7,130
101 MAP 12703 LOT 90 R-5 6,700 7,130
102 MAP 12703 LOT 91 R-5 6,700 7,130
103 MAP 12703 LOT 92 R-5 6,700 7,130
104 MAP 12703 LOT 93 R-5 6,700 7,130
105 MAP 12703 LOT 94 R-5 6,700 7,130
106 MAP 12703 LOT 95 R-5 6,700 7,130
107 MAP 12703 LOT 96 R-5 6,700 7,130
108 MAP 12703 LOT 97 R-5 6,700 7,130
109 MAP 12703 LOT 98 R-5 6,700 7,130
110 MAP 12703 LOT 99 R-5 6,700 7,130
111 MAP 12703 LOT 100 R-5 6,700 7,130
112 MAP 12703 LOT 101 R-5 6,700 7,130
113 MAP 12703 LOT 102 R-5 6,700 7,130
114 MAP 12703 LOT 103 R-5 6,700 7,130
115 MAP 12703 LOT 104 R-5 6,700 7,130
116 MAP 12703 LOT 105 R-5 6,700 7,130
117 MAP 12703 LOT A R-5 0 0
118 MAP 12703 LOT B R-5 0 0
119 MAP 12703 LOT C R-S 0 0
120 MAP 12728 LOT 1 R-19 47,442 49,316
121 MAP 12728 LOT 2 R-19 171,979 178,770
122 MAP 12728 LOT 3 R-19 219,421 228,086
123 MAP 12728 LOT 4 R-19 183,839 191,099
124 MAP 12728 LOT 5 R-19 0 129,454
125 MAP 12728 LOT 6 R-19 189,770 197,264
126 MAP 12728 LOT 7 R-19 124,536 0
127 MAP 12728 LOT A R-19 0 0
128 MAP 12725 LOT 1 R-2 6,346 6,890
129 MAP 12725 LOT 2 R-2 6,346 6,890
130 MAP 12725 LOT 3 R-2 6,346 6,890
131 MAP 12725 LOT 4 R-2 6,346 6,890
132 MAP 12725 LOT 5 R-2 6,346 6,890
133 MAP 12725 LOT 6 R-2 6,346 6,890
134 MAP 12725 LOT 7 R-2 6,346 6,890
135 MAP 12725 LOT 8 R-2 6,346 6,890
136 MAP 12725 LOT 9 R-2 6,346 6,890
137 MAP 12725 LOT 10 R-2 6,346 6,890
138 MAP 12725 LOT 11 R-2 6,346 6,890
139 MAP 12725 LOT 12 R-2 6,346 6,890
140 MAP 12725 LOT 13 R-2 6,346 6,890
141 MAP 12725 LOT 14 R-2 6,346 6,890
142 MAP 12725 LOT 15 R-2 6,346 6,890
143 MAP 12725 LOT 16 R-2 6,346 6,890
144 MAP 12725 LOT 17 R-2 6,346 6,890
145 MAP 12725 LOT 18 R-2 6,346 6,890
146 MAP 12725 LOT 19 R-2 6,346 6,890
22
~t..a8
ASSESSMENT APN AREA PRELIMINARY CONFIRMED
# ASSESSMENT ASSESSMENT
147 MAP 12725 LOT 20 R-2 6,346 6,890
148 MAP 12725 LOT 21 R-2 6,346 6,890
149 MAP 12725 LOT 22 R-2 6,346 6,890
150 MAP 12725 LOT 23 R-2 6,346 6,890
151 MAP 12725 LOT 24 R-2 6,346 6,890
152 MAP 12725 LOT 25 R-2 6,346 6,890
153 MAP 12725 LOT 26 R-2 6,346 6,890
154 MAP 12725 LOT 27 R-2 6,346 6,890
155 MAP 12725 LOT 28 R-2 6,346 6,890
156 MAP 12725 LOT 29 R-2 6,346 6,890
157 MAP 12725 LOT 30 R-2 6,346 6,890
158 MAP 12725 LOT 31 R-2 6,346 6,890
159 MAP 12725 LOT 32 R-2 6,346 6,890
160 MAP 12725 LOT 33 R-2 6,346 6,890
161 MAP 12725 LOT 34 R-2 6,346 6,890
162 MAP 12725 LOT 35 R-2 6,346 6,890
163 MAP 12725 LOT 36 R-2 6,346 6,890
164 MAP 12725 LOT 37 R-2 6,346 6,890
165 MAP 12725 LOT 38 R-2 6,346 6,890
166 MAP 12725 LOT 39 R-2 6,346 6,890
167 MAP 12725 LOT 40 R-2 6,346 6,890
168 MAP 12725 LOT A R-2 0 0
169 595-050-17
169 595-080-05
169 595-080-13
169 595-080-14
169 595-080-20
169 595-080-21
169 595-090-01
169 595-090-09
169 595-090-10
169 643-020-19
169 643-020-20
169 643-030-04
169 643-030-06
169 643-040-04 10,252,158 8,167,381
170 595-320-02 P-l 0 0
171 595-320-03 0 0
172 595-320-04 0 0
173 595-320-08 P-4 0 0
174 595-321-07 P-2 0 0
175 595-320-12 R-8 0 846,870
176 MAP 16318 PARCEL I OTC 0 1,146,759
177 MAP 12742 LOT 1 R-13 0 7,095
178 MAP 12742 LOT 2 R-13 0 7,095
179 MAP 12742 LOT 3 R-13 0 7,095
180 MAP 12742 LOT 4 R-13 0 7,095
181 MAP 12742 LOT 5 R-13 0 7,095
23 ~ 9 - 81
ASSESSMENT APN AREA PRELIMINARY CONFIRMED
# ASSESSMENT ASSESSMENT
182 MAP 12742 LOT 6 R-13 0 7,095
183 MAP 12742 LOT 7 R-13 0 7,095
184 MAP 12742 LOT 8 R-13 0 7,095
185 MAP 12742 LOT 9 R-13 0 7,095
186 MAP 12742 LOT 10 R-13 0 7,095
187 MAP 12742 LOT 11 R-13 0 7,095
188 MAP 12742 LOT 12 R-13 0 7,095
189 MAP 12742 LOT 13 R-13 0 7,095
190 MAP 12742 LOT 14 R-13 0 7,095
191 MAP 12742 LOT 15 R-13 0 7,095
192 MAP 12742 LOT 16 R-13 0 7,095
193 MAP 12742 LOT 17 R-13 0 7,095
194 MAP 12742 LOT 18 R-13 0 7,095
195 MAP 12742 LOT 19 R-13 0 7,095
196 MAP 12742 LOT 20 R-13 0 7,095
197 MAP 12742 LOT 21 R-13 0 7,095
198 MAP 12742 LOT 22 R-13 0 7,095
199 MAP 12742 LOT 23 R-13 0 7,095
200 MAP 12742 LOT 24 R-13 0 7,095
201 MAP 12742 LOT 25 R-13 0 7,095
202 MAP 12742 LOT 26 R-13 0 7,095
203 MAP 12742 LOT 27 R-13 0 7,095
204 MAP 12742 LOT 28 R-13 0 7,095
205 MAP 12742 LOT 29 R-13 0 7,095
206 MAP 12742 LOT 30 R-13 0 7,095
207 MAP 12742 LOT 31 R-13 0 7,095
208 MAP 12742 LOT 32 R-13 0 7,095
209 MAP 12742 LOT 33 R-13 0 7,095
210 MAP 12742 LOT 34 R-13 0 7,095
211 MAP 12742 LOT 35 R-13 0 7,095
212 MAP 12742 LOT 36 R-13 0 7,095
213 MAP 12742 LOT 37 R-13 0 7,095
214 MAP 12742 LOT 38 R-13 0 7,095
215 MAP 12742 LOT 39 R-13 0 7,095
216 MAP 12742 LOT 40 R-13 0 7,095
217 MAP 12742 LOT 41 R-13 0 7,095
218 MAP 12742 LOT 42 R-13 0 7,095
219 MAP 12742 LOT 43 R-13 0 7,095
220 MAP 12742 LOT 44 R-13 0 7,095
221 MAP 12742 LOT 45 R-13 0 7,095
222 MAP 12742 LOT 46 R-13 0 7,095
223 MAP 12742 LOT 47 R-13 0 7,095
224 MAP 12742 LOT 48 R-13 0 7,095
225 MAP 12742 LOT 49 R-13 0 7,095
226 MAP 12742 LOT 50 R-13 0 7,095
227 MAP 12742 LOT 51 R-13 0 7,095
228 MAP 12742 LOT 52 R-13 0 7,095
229 MAP 12742 LOT 53 R-13 0 7,095
230 MAP 12742 LOT 54 R-13 0 7,095
231 MAP 12742 LOT 55 R-13 0 7,095
23A ~ 8 _ ~()
ASSESSMENT APN AREA PRELIMINARY CONFIRMED
# ASSESSMENT ASSESSMENT
232 MAP 12742 LOT 56 R-13 0 7,095
233 MAP 12742 LOT 57 R-13 0 7,095
234 MAP 12742 LOT 58 R-13 0 7,095
235 MAP 12742 LOT 59 R-13 0 7,095
236 MAP 12742 LOT 60 R-13 0 7,095
237 MAP 12742 LOT 61 R-13 0 7,095
238 MAP 12742 LOT 62 R-13 0 7,095
239 MAP 12742 LOT 63 R-13 0 7,095
240 MAP 12742 LOT 64 R-13 0 7,095
241 MAP 12742 LOT 65 R-13 0 7,095
242 MAP 12742 LOT 66 R-13 0 7,095
243 MAP 12742 LOT 67 R-13 0 7,095
244 MAP 12742 LOT 68 R-13 0 7,095
245 MAP 12742 LOT 69 R-13 0 7,095
246 MAP 12742 LOT 70 R-13 0 7,095
247 MAP 12742 LOT 71 R-13 0 7,095
248 MAP 12742 LOT 72 R-13 0 7,095
249 MAP 12742 LOT 73 R-13 0 7,095
250 MAP 12742 LOT 74 R-13 0 7,095
251 MAP 12742 LOT 75 R-13 0 7,095
252 MAP 12742 LOT 76 R-13 0 7,095
253 MAP 12742 LOT 77 R-13 0 7,095
254 MAP 12742 LOT 78 R-13 0 7,095
255 MAP 12742 LOT 79 R-13 0 7,095
256 MAP 12742 LOT 80 R-13 0 7,095
257 MAP 12742 LOT 81 R-13 0 7,095
258 MAP 12742 LOT 82 R-13 0 7,095
259 MAP 12742 LOT 83 R-13 0 7,095
260 MAP 12742 LOT 84 R-13 0 7,095
261 MAP 12742 LOT 85 R-13 0 7,095
262 MAP 12742 LOT 86 R-13 0 7,095
263 MAP 12742 LOT 87 R-13 0 7,095
264 MAP 12742 LOT 88 R-13 0 7,095
265 MAP 12742 LOT 89 R-13 0 7,095
266 MAP 12742 LOT 90 R-13 0 7,095
267 MAP 12742 LOT 91 R-13 0 7,095
268 MAP 12742 LOT 92 R-13 0 7,095
269 MAP 12742 LOT 93 R-13 0 7,095
270 MAP 12742 LOT 94 R-13 0 7,095
271 MAP 12742 LOT 95 R-13 0 7,095
272 MAP 12742 LOT 96 R-13 0 7,095
273 MAP 12742 LOT 97 R-13 0 7,095
274 MAP 12742 LOT 98 R-13 0 7,095
275 MAP 12742 LOT 99 R-13 0 7,095
276 MAP 12742 LOT 100 R-13 0 7,095
277 MAP 12742 LOT 101 R-13 0 7,095
278 MAP 12742 LOT 102 R-13 0 7,095
279 MAP 12742 LOT 103 R-13 0 7,095
280 MAP 12742 LOT 104 R-13 0 7,095
281 MAP 12742 LOT 105 R-13 0 7,095
23B ~t.-f:jl
ASSESSMENT APN AREA PRELIMINARY CONFIRMED
# ASSESSMENT ASSESSMENT
282 MAP 12742 LOT 106 R-13 0 7,095
283 MAP 12742 LOT 107 R-13 0 7,095
284 MAP 12742 LOT 108 R-13 0 7,095
285 MAP 12742 LOT 109 R-13 0 7,095
286 MAP 12742 LOT 110 R-13 0 7,095
287 MAP 12742 LOT 111 R-13 0 7,095
288 MAP 12742 LOT 112 R-13 0 7,095
289 MAP 12742 LOT 113 R-13 0 7,095
290 MAP 12742 LOT 114 R-13 0 7,095
291 MAP 12742 LOT 115 R-13 0 7,095
292 MAP 12742 LOT 116 R-13 0 7,095
293 MAP 12742 LOT 117 R-13 0 7,095
294 MAP 12742 LOT 118 R-13 0 7,095
295 MAP 12742 LOT 119 R-13 0 7,095
296 MAP 12742 LOT 120 R-13 0 7,095
297 MAP 12742 LOT 121 R-13 0 7,095
298 MAP 12742 LOT 122 R-13 0 7,095
299 MAP 12742 LOT 123 R-13 0 7,095
300 MAP 12742 LOT 124 R-13 0 7,095
301 MAP 12742 LOT 125 R-13 0 7,095
302 MAP 12742 LOT 126 R-13 0 7,095
303 MAP 12742 LOT 127 R-13 0 7,095
304 MAP 12742 LOT 128 R-13 0 7,095
305 MAP 12742 LOT 129 R-13 0 7,095
306 MAP 12742 LOT 130 R-13 0 7,095
307 MAP 12742 LOT 131 R-13 0 7,095
308 MAP 12742 LOT 132 R-13 0 7,095
309 MAP 12742 LOT 133 R-13 0 7,095
310 MAP 12742 LOT 134 R-13 0 7,095
311 MAP 12742 LOT 135 R-13 0 7,095
312 MAP 12742 LOT 136 R-13 0 7,095
313 MAP 12742 LOT 137 R-13 0 7,095
314 MAP 12742 LOT 138 R-13 0 7,095
315 MAP 12742 LOT 139 R-13 0 7,095
316 MAP 12742 LOT 140 R-13 0 7,095
317 MAP 12742 LOT 141 R-13 0 7,095
318 MAP 12742 LOT 142 R-13 0 7,095
319 MAP 12742 LOT A R-13 0 0
320 MAP 12742 LOT B R-13 0 0
321 MAP 12742 LOT C R-13 0 0
322 MAP 12742 LOT X R-13 0 0
323 MAP 12747 LOT 1 R-17 () 248,243
324 MAP 12747 LOT 2 R-17 0 335,858
325 MAP 12747 LOT 3 R-17 0 365,063
326 MAP 12747 LOT 4 R-17 0 335,858
327 MAP 12747 LOT 5 R-17 0 277,448
328 MAP 12747 LOT 6 R-17 0 0
329 MAP 12747 LOT A R-17 0 0
330 MAP 12747 LOT B R-17 0 0
331 MAP 12747 LOT C R-17 0 0
23C ~ I ~ 9~
ASSESSMENT APN AREA PRELIMINARY CONFIRMED
# ASSESSMENT ASSESSMENT
332 MAP 12747 LOT D R-17 0 0
333 MAP 12747 LOT E R-17 0 0
334 MAP 12747 LOT F R-17 0 0
335 MAP 12744 LOT 1 R-7 0 7,130
336 MAP 12744 LOT 2 R-7 0 7,130
337 MAP 12744 LOT 3 R-7 0 7,130
338 MAP 12744 LOT 4 R-7 0 7,130
339 MAP 12744 LOT 5 R-7 0 7,130
340 MAP 12744 LOT 6 R-7 0 7,130
341 MAP 12744 LOT 7 R-7 0 7,130
342 MAP 12744 LOT 8 R-7 0 7,130
343 MAP 12744 LOT 9 R-7 0 7,130
344 MAP 12744 LOT 10 R-7 0 7,130
345 MAP 12744 LOT 11 R-7 0 7,130
346 MAP 12744 LOT 12 R-7 0 7,130
347 MAP 12744 LOT 13 R-7 0 7,130
348 MAP 12744 LOT 14 R-7 0 7,130
349 MAP 12744 LOT 15 R-7 0 7,130
350 MAP 12744 LOT 16 R-7 0 7,130
351 MAP 12744 LOT 17 R-7 0 7,130
352 MAP 12744 LOT 18 R-7 0 7,130
353 MAP 12744 LOT 19 R-7 0 7,130
354 MAP 12744 LOT 20 R-7 0 7,130
355 MAP 12744 LOT 21 R-7 0 7,130
356 MAP 12744 LOT 22 R-7 0 7,130
357 MAP 12744 LOT 23 R-7 0 7,130
358 MAP 12744 LOT 24 R-7 0 7,130
359 MAP 12744 LOT 25 R-7 0 7,130
360 MAP 12744 LOT 26 R-7 0 7,130
361 MAP 12744 LOT 27 R-7 0 7,130
362 MAP 12744 LOT 28 R-7 0 7,130
363 MAP 12744 LOT 29 R-7 0 7,130
364 MAP 12744 LOT 30 R-7 0 7,130
365 MAP 12744 LOT 31 R-7 0 7,130
366 MAP 12744 LOT 32 R-7 0 7,130
367 MAP 12744 LOT 33 R-7 0 7,130
368 MAP 12744 LOT 34 R-7 0 7,130
369 MAP 12744 LOT 35 R-7 0 7,130
370 MAP 12744 LOT 36 R-7 0 7,130
371 MAP 12744 LOT 37 R-7 0 7,130
372 MAP 12744 LOT 38 R-7 0 7,130
373 MAP 12744 LOT 39 R-7 0 7,130
374 MAP 12744 LOT 40 R-7 0 7,130
375 MAP 12744 LOT 41 R-7 0 7,130
376 MAP 12744 LOT 42 R-7 0 7,130
377 MAP 12744 LOT 43 R-7 0 7,130
378 MAP 12744 LOT 44 R-7 0 7,130
379 MAP 12744 LOT 45 R-7 0 7,130
380 MAP 12744 LOT 46 R-7 0 7,130
381 MAP 12744 LOT 47 R-7 0 7,130
23D :Jt ... ~..3
ASSESSMENT APN AREA PRELIMINARY CONFIRMED
# ASSESSMENT ASSESSMENT
382 MAP 12744 LOT 48 R-7 0 7,130
383 MAP 12744 LOT 49 R-7 0 7,130
384 MAP 12744 LOT 50 R-7 0 7,130
385 MAP 12744 LOT 51 R-7 0 7,130
386 MAP 12744 LOT 52 R-7 0 7,130
387 MAP 12744 LOT 53 R-7 0 7,130
388 MAP 12744 LOT 54 R-7 0 7,130
389 MAP 12744 LOT 55 R-7 0 7,130
390 MAP 12744 LOT 56 R-7 0 7,130
391 MAP 12744 LOT 57 R-7 0 7,130
392 MAP 12744 LOT 58 R-7 0 7,130
393 MAP 12744 LOT 59 R-7 0 7,130
394 MAP 12744 LOT 60 R-7 0 7,130
395 MAP 12744 LOT A R-7 0 0
396 MAP 12744 LOT B R-7 0 0
397 MAP 12744 LOT C R-7 0 0
TOTAL 24,185,852 24,185,852
23E ~ 1_ 9'1
PART III (c)
CERTIFICATES
I, Beverly A. Authelet, as City Clerk, do hereby certify that the foregoing assessment,
together with the diagram attached thereto, was filed in my office on the day of
1991.
City Clerk
City of Chula Vista
State of California
I, Beverly A. AutheIet, as City Clerk, do hereby certify that the foregoing assessment,
together with the diagram attached thereto, was approved and confirmed by the City
Council of the City of Chula Vista on the _ day of 1991.
City Clerk
City of Chula Vista
State of California
I, John P. Lippitt, as Superintendent of Streets of said City, do hereby certify that the
foregoing assessments, together with the diagram attached thereto, was recorded in my
office on the day of 1991.
Superintendent of Streets
City of Chula Vista
State of California
24
~8--95
PART III (d)
METHOD Al\'D FORMULA OF ASSESSME;'I/T SPREAD
The law requires and the statutes provide that assessments, as levied pursuant to the
provisions of the "Municipal Improvement Act of 1913", must be based on the benefit that
the properties receive from the works of improvement. The statute does not specify the
method or formula that should be used in any special assessment district proceedings. This
responsibility rests with the Assessment Engineer, who is retained for the purpose of
making an analysis of the facts in determining the correct apportionment of the assessment
obligation. For these proceedings, the City has retained the services of Wi lId an Associates.
The Assessment Engineer makes his recommendation at the public hearing on the
Assessment District, and the final authority and action rests with the City Council after
hearing all testimony and evidence presented at the public hearing. Upon the conclusion
of the public hearing, the City Council must take the final action in determining whether
or not the assessment spread has been made in direct proportion to the benefits received.
First, it is necessary to identify the benefit that the public improvements will render to the
properties within the boundaries of the assessment district. The overall benefit derived by
the properties within the proposed boundary of the assessment district is the construction
of the public improvements which will enable the properties to develop. The public
improvements include a water system, a sewer system, a reclaimed waterline, dry utilities
and street improvements. The properties within the assessment district boundary are
currently undeveloped. Because of the interrelationship of the various public improvements
needed for future development, the assessment district funding and construction mechanism
is an efficient way to fund and construct the improvements.
Developments within the EastLake Development Company properties participating in the
costs of the improvements, in whole or in part, are the properties commonly referred to as
EastLake Greens, Trails, Woods, Vistas, Olympic Training Center, and Phase II of the
EastLake Business Center. Land uses in these areas include residential estate, residential
single family, residential condominium and residential multifamily units. Non-residential
uses include commercial, industrial, public, quasi-public and a golf course to be located in
the EastLake Greens.
Master facility plans/studies prepared by NBS Lowry for water, wastewater and reclaimed
water were used as a basis for the spread methodology developed herein. Use factors
established by the various studies were incorporated into the spread formula and reference
is hereby made to the appropriate study for a detailed analysis of the facility. Reference
is also made to the Assessment District Engineer's reports for Districts 85-2 and 86-1,
which previously funded similar facilities in the EastLake area.
25
~ 8 *" '1(,
A. Water System
The water facilities funded in Assessment District 90-3 are broken down into two
separate systems. The 710 pressure zone system will provide water service to the
Olympic Training Center whereas the 980 pressure zone system will provide service
to all other areas within the EastLake Development.
1. The 710 Pressure Zone System
The 710 system that will be funded in Assessment District 90-3 is indicated on
Exhibit 1. These facilities benefit the Olympic Training Center exclusively,
therefore the cost for these facilities is spread to the Olympic Training Center
only. Sizing of the 710 system was established by NBS Lowry in the Water
Subarea Master Plan, February 23, 1990. The system was designed for use by
both offsite sources and the Olympic Training Center. However, only the
minimum pipe sizes required by the EastLake Development alone are funded
in this assessment district.
Additional facilities are required in the 710 system in order to provide full
service to the Olympic Training Center. Any additional facilities are planned
to be funded through future assessment districts as the construction is planned
and completed.
26
~Cj.t:jr
EXHIBIT 1
710 WATER SYSTEM
FUNDED IN AD. 90-3
1-
"-
I
! ((\1
k.
"-
I
0_
....
--
-
I
L-- - --
~\
,
\
\
,
\
\
'\1
~
\
\
./
LEGEND
1
Eastlake Parkway . Otay Lakes Rd.
to SDG&E easement
2
Otay Lakes Road . Eastlake Parkway
to Hunte. Parkway
3
Hunte Parkway , Otay Lakes Rd.
to Orange Avenue
\Xl WILLDAN ASSOCIATES
CONSULTING ENGINEERS AND PlANNERS
6363 GREENWlCH DR, surm 250, SAN DIEGO, CA 92122 (619)457-1199
27 ~ f - 9 g
2. The 980 Pressure Zone Water System
The 980 water facilities to be acquired through Assessment District 90-3 are
shown in Exhibit 2. They will extend full water service to the Greens I Area
of the EastLake Development, as well as provide major trunk lines to the
remaining areas. The 980 water facilities to be acquired through Assessment
District 90-3 with their associated benefitting area are as follows:
Table I
I Street I Benefitting Area I
1. EaslLake Parkway Entire District
2. Clubhouse Drive* #2 Entire District
3. Clubhouse Drive* #3 Greens I and II
4. Greensgate Drive Entire District
5. Master Ridge Road Entire District
6. Otay Lakes Road Entire District
7. Hunte Parkway Entire District
8. Greensview Drive Entire District
*see Exhibit 2
The backbone water system, as seen in Exhibit 3, is the complete network of
water mains that will provide equivalent water access to the Greens, Woods,
Vistas, Trails and Business Center Phase II. In Assessment District 90-3 the
cost for this entire backbone system is spread to the benefitting properties by
a water demand factor (see Table 2). However, the entire backbone system is
not being constructed at the present time. The cost of the future facilities is
credited back by the same water demand factor to those areas which do not
receive 100% service. Those areas are Greens Phase II, Business Center Phase
II, Woods, Trails & Vistas. Greens Phase I is the only area that is receiving
100% service and is therefore the only area not receiving any credit.
This method of assessing and crediting back the costs of facilities not yet
constructed ensures that each parcel is assessed for its proportionate share of the
entire system.
28
~ 8 # "
Table 2
\Vakr Dc:mand Factors
Land Use EDU's
Residential. Single Family Detached 1.0/ du
Residential, Condominiums .8/ du
Residential, Apartments .7/ du
Retail 7.8/ acre
Commercial 5.6/ acre
Industrial 5.6/ acre
Church 2.0/ site
Clubhouse 7.8/ acre
Visitor's Center 7.8/ acre
Pipe sizes and water demand factors for the 980 system were taken from the NBS
Lowry Water Subarea Master Plan, February 23, 1990. The Black and Veatch Otay
Water District Benefit Analysis, April 16, 1990, was used in conjunction with the
NBS Lowry Report to determine the extent of oversizing in the system. Funding for
the 980 system through Assessment District 90-3 includes the installation cost of the
minimum sized pipe necessary to service the EastLake Development only.
29
~ f -1(11)
EXHIBIT 2
PORTION OF 980 WATER SYSTEM
FUNDED IN A.D. 90-3
I
I
I
L-- - --
-
LEGEND
1 . Easllake Parkway' Otay Lakes Road to SDG&E easelDent
2. Clubhouse Dri,'e . Eastlake Parkway to Greensview Drive
3 . Clubhouse Drive. Greensview Drive to Hunte Parkway
4 - Greensgate Drh'e - Greens,iow Drive to Easllake Parkway
5 - Master Ridge Road - Greensview Drive to Otay Lakes Road
6 - Otay Lakes Road- Easllake Parkway to Salt Creek
7 - Hunte Parkway - Otay Lakes Road to Orange Avenue
8 - Greensview Drive. Clubhouse Drive to Hunte Parkway
,
..
./
\
\Xl WIlLDAN ASSOCIATES
CONSULTING ENGINEERS AND PL\NNERS
6363 GREENWlOf DR., SurIE 2SO, SAN DIEGO, CA 92122 (()19}457.1199
30 ~ 8 -I n
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'B
B. Reclaimed Water
The reclaimed water facilities to be acquired through Assessment District 90-3 are
shown in Exhibit 4. They will extend full reclaimed water service to EastLake
Greens Phase I, as well as provide the major service lines to the remaining areas
within the EastLake development.
Exhibit 5 shows the reclaimed water system as it will look in its ultimate state. This
ultimate reclaimed water system will provide a source of irrigation water for the
parks, schools and open space areas within the EastLake Development including the
golf course and Olympic Training Center. The design and water use analysis for the
reclaimed water system is addressed in the Preliminary Reclaimed Water Use Study,
March, 1990 by NBS Lowry.
The cost for the ultimate reclaimed water system is spread to the developments that
benefit from the irrigated areas in proportion to the average demand of that area. For
instance, private facilities, like the golf course and the Olympic Training Center will
bear the entire cost of their proportion of the reclaimed water system, whereas the
regional park cost will be spread to the entire residential community. Table 3 lists
the benefitting areas and their percentage of the total reclaimed water demand. The
figures for average demand in gallons per day (GPD) were taken from the NBS
Lowry report.
A credit analysis is utilized since the entire system is not being constructed at the
present time. The cost of the facilities to be constructed in the future are credited
back by the same water demand rate to those areas that are not receiving 100 %
service. Those areas are Greens Phase II, Woods, Vistas, Trails, Business Center
Phase II and the Olympic Training Center. Greens Phase I is the only area receiving
100% service, and is therefore the only area not receiving a credit.
This method of assessing and crediting back the cost of facilities not yet constructed
ensures that each parcel is assessed for its proportionate share of the entire system.
The additional reclaimed water facilities to be constructed are planned to be funded
in future assessment districts.
32
~ , - 1(),3
Table 3
EastLake Rec]aimed Water Demands
Average Percent
Irrigated Demand of Total
Benefitting Area Parcel Acres (GPD) Demand
Golf Course Golf Course 160.6 553,0]6 25%
O.T. Site O.T. Site 100.0 344,344 16%
Greens Corrunon Area Corrunon Area 49.6 ] 70,795 8%
Greens - Residential Parks 36.6 126,029 6%
Greens - Residential Open Space 30.8 106,058 5%
Trails - Residentia] Parks 67.6 232,777 11%
Woods - Residential Parks 22.0 75,756 4%
Woods and Trails Open Space 50.0 172,172 8%
All Residential Regional Park 43.4 149,445 7%
All Residential Elementary Schools 16.0 55,095 3%
All Residential Junior High School 10.0 34,434 2%
All Residential High School 25.0 86,086 4%
Entire District Freeway Interchange 4.0 13.774 1%
Totals 2,119,781 100%
33
" '6 ... If) Y
EXHIBIT 4
RECLAIMED WATER FACILITIES
FUNDED IN AD. 90-3
"
3
~
I
I
",
".
leL -1
I
L-------
-
-~\
~ \
~\ \
\
\
\
\\1
LEGEND
./
1. Eastlake Park'Way~ Olay Lakes Rd.
. to SDG&E easement
2 - Clubhouse Dr. - Eastlake Parkway
to Greensyiew Drive
3 - Otay Lakes Rd. . EastIake Park 'Way
to Lane Avenue
4. Olay Lakes Rd. . Lane Avenue to
Hunte Park"way
5 - Hunte Park 'Way - Olay Lakes Rd.
to Orange Avenue
6 - Otay Lakes Rd.. Hunte Parkway
to Salt Creek
~ C~;~~~~~S~~~~RS
'\AI' 636JGREENWlCH DR.. SUITE2SO, SAN DIEOO,CA 92122 (619)457-1199
:J. g -10 S
34
-------------------.
I.
Gi
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00 ~
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'8
C. Waste Water
The waste water facilities to be acquired through Assessment District 90-3 are shown
in Exhibit 6. They will provide full sewer service to EastLake Greens Phase I, as
well as provide major sewer mains to the Greens Phase II, Woods, Trails, Vistas and
Olympic Training Center development areas.
For assessment purposes, the system was divided into two separate drainage areas,
the Telegraph Canyon Basin and the Salt Creek Basin. The Telegraph Canyon Basin
system serves the Business Center and most of the Greens Development. The Salt
Creek System serves the Woods, Trails, Vistas, Olympic Training Center and
portions of the Greens.
At present there are no gravity sewer outlets within the Salt Creek Basin. The
construction of a long term sewage outlet is currently under investigation by the City
of ChuIa Vista and the EastLake Development Company. In the interim, the waste
water within the Salt Creek Basin will be pumped to the existing trunk sewer in
Telegraph Canyon due to the availability of excess capacity in this line.
In accordance with the agreement between EastLake Development Company and the
City of Chula Vista, the Salt Creek pump station cost is assessed to the benefitting
properties at a cost/EDU that does not exceed the expected cost/EDU of EastLake's
share of the future Salt Creek gravity line. This future cost was provided by the
EastLake Development Company from an analysis provided by Wilson Engineering.
The cost of the transmission lines and pump station within both the Telegraph Canyon
and Salt Creek Basins are spread to the benefitting properties by the Waste Water
Flow Factors as listed in Table 4. These factors were derived from the average daily
waste water flows as outlined in the NBS Lowry Wastewater Subarea Master Plan,
May 1990.
Table 4
\Vaskwakr Flow Factors
Land Use EDU's
Residential - Sin"le Familv Detached 1.0/ du
Residential - Condominiums .8/ du
Residential Anartments .6/ du
Retail 1004/ acre
Commercial 1004/ acre
Industrial tOA/ acre
Church 3.0/ site
Clubhouse 1004/ acre
Visitor's Center 16.7/ acre
36
2 f -lfJ T
EXHIBIT 6
WASTE WATER FACILmES
FUNDED IN A.D. 90-3
,
1-
,
'"
11.1' ~
0_
I
L-- - --
~
~
\
,
\
\
,
\
,
\
'\1
,/
LEGEND
1 -
2-
3.
4-
5-
6-
7.
8.
9.
1.1-
1.2-
Ellstlake Parkway - Ollly Lake" Road to SDG&Eeasement
Greensview Drive - Greensgate Drive Area.
Mastel" Ridge Road, Greensvi... Drive to Otlly Lake" Road
Clubhouse Drive - Eastlake ParkWay to Wes(ofllul1teParkWay
Gr~nsgate Drive- Eastlake ParkWay to Greensview Drive
Otay Lakes Road - Lane Ave. to Hunte ParkWay
Gr~nsvlew Drive - HIIl1te Parkway to east of Master Ridge Road
Hunte Parkway - Otay Lakes Road to Orange Ave.
Otay Lakes Road. Hunte ParkWay to Salt Creek
Pump Station in Eastlake ParkWay
Pump Station in Otay Lakes Road
\Xl WTT.T DAN ASSOCIATES
CONSULTING ENGINEERS AND PlANNERS
6363 GREENWlCH DR.. surrn 2SO, SA.N DIEGO, CA 92112 (6t9}tS7-U99
2. ~ .../ t) 8' 37
EXHIBIT 7
WASTE WATER FACILmES
ULTIMATE SYSTEM
,
1-
I
'"
1 Eastlak~Park'Way - Otay Lakes Road to SDG&E ea.selllent
2 Greensview Drive. Greensgate Drive Arell
3 Master Ridge Road - Greerisview Drive to Otay Lakes Road
4 Clubhouse Drive . Eilstlak~ Park'Way to West oC Hunte Parkway
5 Greerisgate Drive . Eastlake Parkway to Greens>ieW Drive
6 Otayt.ak~s Road- Lane Ave. to Hunle Parkway
7 GreerisviewDrive, Hunte Parkway tll ea.st oC Master Ridge Road
8 Hunte Parkway' Otay Lakes Road to Orang~ Av~.
9 - Otay Lakes Road ~ Hunle Parkway to Salt Creek
10. Greensview Drive. Clubbouse Drive to Midpoint
1.1 . Pump Station in Eastlake Park 'Way
1.2 - Pump Station in OtayLakes ROad
\
\
\
\
\
\\}
LEGEND
~
~
\
\
./
\Xl WllLDAN ASSOCIATES
CONSULTING ENGINEERS AND PlANNERS
&3&3GREENWJCH DR., SUTrB25O, SAN DIEGO, CA 92122 ((i19)(57.1199
1.g -10'1
38
D. Street and Stonn Drain Improvements
Those streets and associated storm drain facilities to be acquired through the Assess-
ment District 90-3 are shown on Exhibit 8. They are of specific benefit to EastLake
Greens Phase I and EastLake Greens Phase II. These streets are designed in
conjunction with other major backbone streets which are under the ChuIa Vista
Development Impact Fee (DIF) program described in Section E. The non-DIF streets
to be acquired through Assessment District 90-3 are North Greensview Drive, a
residential collector within a 108 foot right-of-way; Masters Ridge Road, a residential
collector within a 72 foot right-of-way; Greensgate Drive, a residential collector
within a 108 foot right-of-way; and Clubhouse Drive, a residential collector within
a right-of-way that varies from 72 feet to 108 feet to accommodate a decorative
median. These streets with their associated benefitting area are as follows:
Table 5
I Street I Benefitting Area I
1. North Greensview Drive EastLake Greens Phase I
2. Masters Ridge Road EastLake Greens Phase I
3. Greensgate Drive EastLake Greens Phase I
4. Clubhouse Drive EastLake Greens Phase I & II
The cost of these streets, and associated landscaping and storm drain facilities is
spread to the benefitting properties using an average daily traffic (ADT) trip
generation factor. The storm drain facilities funded are an integral part of the street
network used to divert water from the street surface for safe travel. Therefore, the
cost of storm drains is spread with the cost of streets using an ADT factor. These
factors are based on land use and provide a uniform method of spread based on
computer modeling by the San Diego Association of Governments (SANDAG). The
ADT factors converted to EDU's, and associated land use are presented in Table 6.
Table 6
Avera!!e Daily Traffic Generation Factors
Land Use EDU
Residential, Sinele Family Detached IIdu
Residential Condominiums .8/du
Residential, ADartments .6/du
Retail 40/aere
Commercial 40/aere
Industrial 20/aere
Golf Course aDd Clubhouse .8/aere
Church 4/aere
39
:z ~ ~II()
\
~ \
~\ \
\
\
\
\
\J
EXHIBIT 8
STREET IMPROVEMENTS
FUNDED IN AD. 90-3
1-
....
I
L-- - ---
---
-
LEGEND
1 - Greensview Drive
2 - Master Ridge Road
3 Clubbouse Drive
4 Greensgate Drive
,
..
./
\Kl WILLDAN ASSOCIATES
CONSULTING ENGINEERS AND PlANNERS
'-1&J GREENWICH DR., SUITE 250. SAN DIEGO, CA 92112 <(i19}tS7-tt99
'J.. i - /II 40
E. Street Improvements Elil!ible for Development Impact Fee Credit
It is proposed that EastLake Parkway and Hunte Parkway street improvements (see
Exhibit 9) be financed by an assessment district against parcels which receive a
special benefit from the street improvements. The amount of the assessment against
each parcel is directly related to the average daily traffic generation or the usage of
the street as indicated on Table 7. Justification of the need for these improvements
is contained in the development project's Environmental Impact Report, tract map
conditions, the Transportation Phasing Plan for the eastern territories and the
EastLake Greens Development Agreement.
EastLake Parkway is a four lane major street within a 138 foot right-of-way and
Hunte Parkway is a four lane major street within a 108 foot right-of-way. They are
two of a number of major streets required to be widened or constructed to provide
a circulation system which will accept the cumulative number of trips generated by
new development in the eastern area of the City of Chula Vista. Through the
construction of these streets, another link in the overall major street network is
completed, thereby providing additional capacity in the overall circulation network.
EastLake Parkway and Hunte Parkway, together with these other major streets are
all included within the City's Development Impact Fee program, a program for
financing the major streets in the eastern area. The benefit to the properties within
this program is that through each property's participation, it attains its share of
capacity in the eastern area circulation street system. Since EastLake Parkway and
Hunte Parkway are a part of this program, the same methodology used in the
formulation of the Development Impact Fee program is used here. Therefore, the
assessment levy against each parcel equals the amount of the Development Impact
Fee. A separate procedure is provided by the City for the owner/developer to request
credit against required Development Impact Fees.
Table 8 identifies the construction and incidental expenses eligible for Development
Impact Fee credit. The total dollar amount listed for the Development Impact Fee
Credit was divided by the DIF value of $3,060 per EDU to obtain the total number
of EDU's eligible for DIF credit.
A portion of the storm drain construction items were not eligible for DIF credits as
determined by Rick Engineering estimates dated November 30, 1990. These non-DIF
storm drain costs are included in the non-DIF street improvement spread in the
assessment district, and are spread to the properties indicated in Table 5 using the
ADT factors identified in Table 6.
41
,fj-I/;}
Table 7
AVERAGE DAILY TRAFFIC GENERATION
FACTORS
Land Use EDU
Residential - Single Family Detached I.O/du
Residential - Condominiums .8/du
Residential - Apartments .6/du
Retail 40/acre
Commercial 40/acre
Industrial 20/acre
Church 4/acre
Olympic Training Center 3.33/acre
42
;) 8 .. /13
EXHIBIT 9
DIF STREETS
FUNDED IN A.D. 90-3
...
1-
I
'"
-
I
L-- ~ --
~
--- \
\
~ \
~
\ \
\
\
\
\
\\1
LEGEND
./
. , ... ,','.
. , """.'.'.'.'..""'.'.'
...........--............,.-,."." "'" ,;--;"""--
.".....................'-.............--....... ,.._,--
1. Eastlake Parkway ~ Olay Lakes Rd.
to SDG&E easement
2 . Hunte Parkway. Olay Uikes Rd.
to Clubhouse Drive
'\Xl WILLDAN ASSOCIATES
CONSULTING ENGINEERS AND PLANNERS
6163 GREENWIQi DR.. surre 2SO. SAN omoo. CA 92112 (619)457-1199
.2 f - 1/ 'I 43
Table 8
DIF ELIGIBLE
DESCRIPTION TOT A L COST COST
EastLake Parkway
Grading - Fill $ 124,000 $ 124,000
Grading - Cut Balance 16,500 16,500
Landscaping 392,877 392,877
Traffic Signalization 150,000 150,000
Storm Drain Improvements 781,732 222,260
Street Improvements 1,091,505 1,091,505
North Hunte Parkway
Grading - Fill $ 190,000 $ 190,000
Grading - Cut Balance 14,000 14,000
Landscaping 1,700,000 1,700,000
Traffic Signalization 150,000 150,000
Storm Drain Improvements 327,860 61,8800
Street Improvements 525.114 525.114
Subtotal $ 5,463,588 $4,638,136
Contingency 10% 546,359 463,814
Construction 6,009,947 5,101,950
INCIDENTAL EXPENSES
Project Management $ 40,000 $ 0
Assessment Engineering 70,000 0
Design Engineering 1,367,000 431,500
Construction Supervision 70,000 0
Bond Counsel 62,732 0
Financial Consultant 35,000 0
Landscape Design 320,000 162,500
Utility Engineering 50,000 0
Plan Check & Inspection Fees 600,000 189,500
Public Agency Project Management 35,000 0
Surveying & Staking 336,000 171,000
Special Studies Engineering 300,000 0
Soils Engineering 164,000 83,500
Printing, Advertising,
Posting of Public Hearing Notices 4,000 0
Bond Printing, Servicing & Registration 10,000 0
Sewer & Water Engineering 235,000 0
Capitalized Interest 241.859 0
Subtotal Incidentals $ 3,940,591 $1,038,000
Total 9,950,538 6,139,950
#EDU's eligible for DIF credit = 6,139,950/3,060 = 2,007 EDU's
44
, i' -11.5
F. Incidentals
The cost of incidentals has been spread proportionately over the various improve-
ments in the direct proportion that the improvement bears to the total cost of
improvements.
In conclusion, it is my opinion that the assessments for Assessment District No. 90-3
are spread in direct accordance with the benefits that the land within the district
boundary receives from the works of improvements.
Dated: October 19, 1990
45
]'f-//iI
PARTlY
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO. 90-3
Reduced copy. Assessment Diagram is on file in the
offices of the City Clerk and the Superintendent of
Streets
Said Assessment Diagram is filed herewith and made a
part hereof.
46
1.<J-II~
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
~
~
\
SEE SHEET 15
SEE SHEET 7
NOT TO SCALE
@
AN ASSESSM3'IT WAS LEVEO BY Tl-E on CCJ...N:l. CF Tl-E an CF
OU-A VISTA. STATE CF CALFCRNA. CJ'.l PARCELS CF LAN) 9-OWN CN
THS ASSESSIveNT [IA(}=lAM MAP. SAD ASSESStvENT WAS LEVEO CN TeE
ASSe~CFRfu.-~-~N ~~~~~ AN) TIi;
~EN::E'.IT CF TI-E aTY CF D-lLA VISTA CN Tre ___DAY CF _____~
1QOO. FEFERB-cE IS MACE TO TrE ASSESSM:NT i=lCLL FECCR:EO N TrE
CFFCE CF Tf-E STFlET st...PEFIf'I(1' FCFI TI-E EXACT AIvO..NT CF EAO-l
ASSES9.ENT LEVEO .AGAl'5T EAO-I PARCEL CF LAI\O SHJWN CN THS
ASSES9v9IT [)A(J=lAM
,
iffilEE'fSl...f::lERN~---
OTY CF D-LLA VISTA
DTY a::a:KmYCFOU"A-ViST'A--
REO N Tl-E CFA:E CF TI-E OTY Q.8'lK CF Tl-E OTY CF D-l.LA VISTA
THS __ DAY CF __ 1QOO.
DTydBiC,crry-EFOUAVlSTT-
RECCR:EJ N 11-E CFFCE IF TI-E STFEET Sl.PEH"ITEt'O:t.n CF Tl-E aTY CF
D-l.LA VlSTA THS __ DAY CF ___1990.
LEGEND
---
DISTRICT BOUNDARY
FLED THS _ DAY CF ____~ I90CJ AT ____ O'O....lXX 'S.-~::.
~~: PA~-=-ifTIi:-~ CF ife~EM:~J TI-E
co...NTY CF SAN ceoo. STATE CF CALFCFINA.
cn.NfyFECCFi:ER1F~-cEOO"'C:OJ'ffY-
PARCEL BOUNDARY
NAP NOT A PART OF THE DISTRICT
"'HE
TI-E sa..t.oARY AN) PAR:ELS AS 9-OWN I-ERECN AFE
AS SHJ'M\l CN TrE ASSESSCRS PAFa3.- MAPS CF TI-E
co...NTY CF SAN CEOO. STATE CF CAL.FCFNA
(0
ASSESSMENT NUMBER
SHEET 1 OF 7 SHEETS
"'Yl W1LLDAN ASSOCIATES
\n; COI'ISlA.TI/l~O<O)O€[JlSANDPI..NMM
-----...-..
JI<l04000
2.~"'llf
47
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
LEGEND
~
N
I
- - - - - TRACT BOUNDARY
PARCEL BOUNDARY
GRAPHIC SCALE
~U" ,.
i
12 LOT NUMBER
G ASSESSMENT NUMBER
(Uf rar)
'_"_100ft.
PAACELS ARE AS SHOWN ON lHE: ASSESSOR'S PARCElllW'S
OF THE COUNT'l' OF SAN DIEGO. STA~ OF CWfORNIA.
SHEET 2 OF 7 SHEETS
"\"'W7 WILLDAN ASSOCIATES
\AI ~,...-_.._"'_...
..._.......__...(00__
J.N.04OQO
Zf ~ 11'1 48
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
-8
.
I
;8
.
8
. <3
I
.
8
. 8 tI
I :s
..
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. "
. g
, 8 ~
.
(0) 8
~
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I
GRAPHIC SCALE
'~."
.,.
i
(tNJ'P:I')
11DcIl._IOOt\,
LEGEND
--------- DISTRICT BOUNDARY
PARCEL BOUNDARY
12 LOT NUMBER
o
ASSESSMENT NUMBER
\ 8, ..;'
\"......
PARCELS ARE I'S SHOWN O~ T1-IE ASSESSOR"S PAACEL Iol.o.PS
OF THE COUN'IY OF s,t..'j DIEGO, STATE or CALlfQRN"-
SHEET 3 OF 7 SHEETS
\'Y7. W]LLDA~ ASSOCIATES
1'\1 CO-....T-.Q lJOGN:U' AI'CI P\....-U
....-..----...... ",..,.",..,.,..
J~. 04000
2 ~ - /20 49
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
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--.....
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
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......... .
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LEGEND
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- - - - - TRACT BOUNDARY
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PARCEL BOUNDARY
12 LOT NUMBER
G ASSESSMENT NUMBER
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P1o,RCELS ...R( AS SHOWN ON THE ASSESSOR'S PA,RCEL IMPS
QFTHE CQUNTY OF S.o.N DIECO, ST"'TE OFCA,UFQRNL.t.,
~.\Y7 W1LLDAN ASSOCIATES
\A/COll.....TIOIQEIoCIINEU.......P'L_R.
....-.......-..............-"..
J,N.0400Q
2 g - /2/ 50
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE
GREENS
PHASE
I
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Ib>oh_1OOl't.
LEGEND
--------- TRACT BOUNDARY
PARCEL BOUNDARY
12 LOT NUMBER
G ASSESSMENT NUMBER
P"RCELS ....RE AS SHOWN ON THE ASSESSOR'S PARCEL MAPS
Of THE CO:.JNTY Of SAJ\I DIEGO, S1ATEOf'CA.L1FORNlo\.
SHEET 5 OF 7 SHEETS
\-~ WILLDA;>i ASSOCIATES
AI e_T_ I...._~R......, ......-R.
.....__........ -_co.....,...,.....".
IN.OWOO
2 <j --/22.
50A
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
~~
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NO SCALE
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LEGEND
---.-.--- TRACT BOUNDARY
PARCEL BOUNDARY
12 LOT NUMBER
G ASSESSMENT NUMBER
PARCELS ARE 105 SHOW"! 0"1 THE ASSES50R'S PARCEL I.lAPS
Or THE CQU"lTY OF SAN D:EGD, STATE OF" CALlfORNlA..
SHEET 6 OF 7 SHEETS
'Xl WILLDAS ASSOCIATES
\ eON8lLTMOENGINRRI~~_"
...._-,"'" _......."'..~..--,,.,
J."l.O.wQO
2 ~ ,,123
SOB
ASSESSMENT DIAGRAM OF
ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA. COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA
EASTLAKE GREENS PHASE I
~
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NOT TO SCALE
LEGEND
_______ TRACT BOUNDARY
./.
/ ..",.,...---
.-.-
10.
PARCEL BOUNDARY
12
LOT NUMBER
G ASSESSMENT NUMBER
P"RCELS ...RE AS SHOWN ON THE ASSESSOR'S PAACEl MAPS
OF THE COUNTl' OF SAN DIEGO, STA,TE or CALlFORNO'..
SHEET 7 OF 7 SHEETS
'\"W7 WILLDA~ ASSOCIATES
AI COOlllA.T"Gr"GM1!~'AICI,,"_'"
".,--......................... .....,...--".
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~ ~ _ /2 If 50C
PART V
DESCRIPTION OF WORK
ASSESSMENT DISTRICT NO. 90-3
The general description of work to be funded by Assessment District 90-3 consists of the
following:
1. Street improvements consisting of grading, base, paving, curb, gutter, sidewalk,
street lighting and landscaping within the following rights-of-way:
a. North Greensview Drive - from Hunte Parkway west to Clubhouse Drive.
b. Master Ridge Road - from North Greenview Drive north to its terminus.
c. Clubhouse Drive - from Hunte Parkway west to EastLake Parkway.
d. Greensgate Drive - from North Greenview Drive west to EastLake Parkway.
e. EastLake Parkway - from Otay Lakes Road south to SDG&E easement.
f. Hunte Parkway - from Otay Lakes Road south to Clubhouse Drive.
2. Utilities and underground improvements consisting of potable water facilities,
reclaimed water facilities, sanitary sewers, storm drains, irrigation facilities and
utility undergrounding as appropriate by applicable state and federal statutes within
the following rights-of-way:
a. Eastlake Parkway - from Otay Lakes Road south to the SDG&E easement.
b. North Greensview Drive - from Hunte Parkway west to Clubhouse Drive.
c. Master Ridge Road - from North Greensview Drive north to its terminus.
d. Clubhouse Drive - from Hunte Parkway west to EastLake Parkway.
e. Greensgate Drive - from North Greensview Drive west to EastLake Parkway.
f. Hunte Parkway - from Orange Avenue north to Otay Lakes Road.
g. Otay Lakes Road - from EastLake Parkway east to its terminus onsite.
3. Two sewer pump stations and associated force mains located in Otay Lakes Road and
EastLake Parkway.
51
'2 r' -/2.5
PART VI
RIGHT-OF-WAY CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
The undersigned, RICHARD K. JACOBS, hereby CERTIFIES UNDER PENALTY OF PERJURY that the
following is all true and correct.
At all times herein mentioned. the undersignt::u was, and now is the authorized representative of Willdan
Associates, the duly appointed ASSESSMENT ENGINEER of the CITY OF CHULA VISTA, CALIFOR-
NIA.
That there have now been instituted proceedings und~r the provisions of the "Municipal Improvement Act
of 1913", being Division 12 of the Streets and Highways Code of the State of California and the City of
Chula Vista, Procedural Ordinance No. 2397, for the construction and acquisition of certain public
improvements in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 90-3
(hereinafter referred to as the" Assessment District").
THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS:
(check one)
o
a.
That all easements, rights-of-way, or land necessary for the accomplishment of the works of
improvement for the above referenced Assessment District have been obtained and are in the
possession of the City.
~b.
That all easements, rights-of-way or land necessary for the accomplishment of the works of
improvement for the above referenced Assessment District have been obtained and are in the
possession of the City, EXCEPT FOR THOSE DESCRIBED IN EXHIBIT "A" attached
hereto, showing maps of rights-of-way and easements not yet obtained at this time.
52
2~-1:l"
EXHIBIT A
"
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LEGEND
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1 . Easllake Parkway. Clubhouse Drive
to SDG&E easement
2 . Hunte Parkway. Cluhhouse Drive
to Orange Avenue
\Xl WILLDAN ASSOCIATES
CONSULTING ENGINEERS AND PLANNERS
6363 GRF.ENWICH DR.. surm 2SO, SAN DrEGO, CA 92112(619)457-1199
'). i -Il':/- 53
APPENDIX A
ACQUISITION AGREEMENT
Original on file at the office of the City Clerk
2 9 -12.~
'"'
15q7~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, APPROVING AND AUTHO-
RIZING EXECUTION OF AMENDED ACQUISITION/
FINANCING AGREEMENT RELATING TO THE INSTALLA-
TION AND FINANCING OF CERTAIN IMPROVEMENTS IN
A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is considering the
formation of a special assessment district under the terms and provisions of the
"Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways
Code of the State of California, for the construction of certain public works of
improvement in a special assessment district, said assessment district known and
designated as ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I) (hereinafter
referred to as the "Assessment District"); and,
WHEREAS, the Streets and Highways Code of the State of California, specifically the
"Municipal Improvement Act of 1913", expressly authorizes the acquisition of any
improvements that are authorized to be constructed under said law, and the property
owner, in order to proceed in a timely way with his development, desires to
construct and/or cause the construction of certain works of improvement prior to the
adoption of the Resolution of Intention; and,
WHEREAS, at this time there has been submitted to this City Council for review and
approval, an Amended Acquisition/Financing Agreement setting forth certain terms and
conditions, as well as estimated prices and quantities of work to be installed and
financed pursuant to the above-referenced Agreement, which Amended Acquisition/
Financing Agreement will replace and supercede the original Acquisition/Financing
Agreement previously submitted and approved.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2.
That the Amended Acquisition/Financing Agreement, as
referenced Assessment District, is hereby approved,
authorized to be made by the Mayor and City Clerk.
submitted for the
and execution is
SECTION 3. That said Amended Acquisition/Financing Agreement submitted herewith
shall replace and supercede the original Acquisition/Financing Agreement
previously submitted and approved.
SECTION 4. That a copy of said Amended Acquisition/Financing Agreement shall be
kept on file in the City Clerk and remain for public inspection.
J1~_1
r' . -
21 -1.3~
SECTION 5. The final pr ices to be paid for said improvements shall be pr ices as
determined by the City to be reasonable, to represent the actual costa
and expenses for the installed works of improvement, including all
appropriate incidental expenses.
APPROVED and ADOPTED this
day of
, 1990.
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
~?:L ';~T :.J
BRUCE M. BOOGAARD
ITY ATTORNEY
JI~ - ;2.r
-yo
2V-/3/
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, BEVERLY A. AUTHELET, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY
CERTIFY that the foregoing Resolution, being Resolution No. , was duly
passed, approved and adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the meeting of said City Council
held on the day of 1990, and that the same was
passed and adopted by the following vote:
AYES:
COUNCIL MEMBERS
NOES:
COUNCIL MEMBERS
ABSENT:
COUNCIL MEMBERS
ABSTAIN:
COUNCIL MEMBERS
EXECUTED this
day of
, 1990, at Chula Vista, California.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
[SEAL)
i,'b-?s
28-/32.
This Page Blank
~
1ft::> &/
2.'-133
AMENDED ACQUISITION/FINANCING AGREEMENT
THIS AGREEMENT is made and entered into this
1990, by and between the CITY OF CHULA VISTA, a
California (hereinafter referred to as "City") 1
(hereinafter referred to as "Property Owner").
day of
publ ic agency
and EASTLAKE
of the State of
DEVELOPMENT CO.,
WHEREAS, the City is considering the formation of a special assessment district
under the terms and conditions of the "Municipal Improvement Act of 1913", being
Division 12 of the Streets and Highways Code of the State of California, for the
construction of certain public improvements, together with appurtenances and appurte-
nant work within the jurisdictional limits of said City, said special assessment
district known and designated as ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS,
PHASE I (hereinafter referred to as the "Asse~sment District"); and,
WHEREAS, Section 66462 of the Government Code of the State of California ("Subdivi-
sion Map Act") expressly authorizes financing and completion of public improvements
under an appropriate special assessment act, and Section 10102 of the Streets and
Highways Code ("Municipal Improvement Act of 1913") expressly authorizes the acquisi-
tion of any improvements authorized to be constructed under said law; and,
WHEREAS, Property Owner, in order to proceed in a timely way with its development,
desires to construct and has constructed certain public works of improvement that
are proposecl to be included with the works of improvement for the Assessment
District, namely, the improvements as set forth and deSCl'ibed in the attached,
referenced and incorporated Exhibit "A"; and,
WHEREAS, the City and Property Owner are in agreement that the determined eligible
works of improvement may be included within the Assessment District financing at at
prices determined by the City to be reasonable; and,
WHEREAS, it is the intent of this Agreement to provide that Property Owner shall,
upon a successful confirmation of assessment and sale of bonds for the Assessment
District, be paid for the works of improvement which are integral, determined
eligible and a part of the Assessment District, as the prices as determined by the
City; and,
WHEREAS, the properties within the boundaries of the Assessment District will be
assessed only for those portions of the wo~ks of improvement that benefit the proper-
ties within the boundaries of the Assessment District, and this Acquisition/
Financing Agreement and payment for the works of improvement will apply to and only
cover those portions of said works of improvement; and,
WHEREAS, in performing under this Agreement, it is mutually understood that Property
Owner is acting as an independent contractor and not an agent of the City, and City
shall have no responsibility for payment to any contractor, subcontractor or
supplier of the Property Owner; and,
WHEREAS, Property Owner shall be the owner of and retain title to all of the
of improvement constructed pursuant to this Agreement until such time as the
acting pursuant to the provisions of the "Municipal Improvement Act of 1913",
acquire such works of improvement. Upon such transfer, such improvements
works
City,
shall
shall
I+I:)-S
:;.1-13'1
become the property of the public agency and/or regulated utility authorized to
provide the service to the Assessment District; and,
WHEREAS, the City has no objection to purchasing the improvements from said Property
Owner, and Property Owner is desirous that the City purchase said improvements, and
at this time said improvements are owned by Property Owner; and,
WHEREAS, Property Owner hereby further agrees to indemnify and hold harmless the
City of any challenge involving the validity or enforceability of this Agreement and
Property Owner further agrees to defend or provide the monies in advances for any
defense as it relates to a challenge to this Agreement; and,
wHEREAS, City may, at its option, terminate this Agreement at any time if any legal
challenge is filed relating to the validity or enforceability of this Agreement for
these assessment district proceedings.
"
NOw, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows:
SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
That the above recitals are all true and correct.
The City has no financial obligation to construct the improvements, and
all expense for said improvements, including all incidentals thereto,
~hall be borne by owners of property within the Assessment District.
That said City does intend to proceed with the adoption of a Resolution
of Intention and the formation of a special Assessment District for the
improvements above described; however, the City reserves the right to
determine those facilities which are eligible for final funding.
That the City agrees to acquire and finance through the use of special
assessment proceedings, and Property Owner agrees to convey all
completed improvements to the City, those improvements being all as set
forth in the previously referenced Exhibit "A". Property Owner agrees
to post with the City the required bonds to guarantee the performance
of the work and payment of all labor and materials, said bonds to be in
the amounts as determined by the City.
Property Owner shall be responsible for the maintenance and shall
maintain said improvements in a satisfactory condition prior to any
final transfer and acceptance.
No acquisition monies shall be paid until the described improvements
to be acquired have been transferred free and clear of all liens,
claims and encumbrances, and Property Owner does hereby indemnify the
City against any liens, claims or encumbrances relating to said
acquired improvements.
~
2~ -13.5
SECTION 6.
SECTION 7.
SECTION S.
SECTION 9.
The final facilities and actual prices to be paid for said improvements
are those that the City believes to be integral and reasonable and
confer special benefit on properties within the Assessment District.
The estimated prices for the improvements are Bet forth in the
attached, referenced and incorporated Exhibit "S". Final prices shall
be based upon unit prices and quantities as determi.ned by the City to
be reasonable, and no other costs and expenses shall be allowed unless
expressly authorized by the legislative body of the City. The Property
Owner shall provide all substantiating documentation and certifications
of authenticity as requested by the City in the determination of either
the quantities of work constructed or the prices to be paid for such
improvements.
The estimated quantities set forth in the previously referenced Exhibit
"B" shall be revised to reflect the actual quantities of works of
improvement actually constructed at prices ae determined by the city.
Any final determination shall be made by the City as to the prices and
quantities to be paid.
The costs of acquisition shall also include the necessary engineering
and related incidental expenses, including, but not limited to, the
preparation of plans, specifications, bidding and all related documenta-
tion. Said final costs and expenses are to be determined upon the
~ompletion of the works of improvement and certified by the City.
The cost for said works of
with the benefits received,
for the Assessment District.
improvement shal'l be spread in accordance
as determined by the Assessment Engineer
SECTION 10. All plans and specifications shall be 'submitted by the Property Owner.
and all improvements shall be bid and constructed in full compliance
with all applicable local rules and laws, including the payment of
prevailing wages. Property Owner agrees to keep records and to allow
the City to review said records for all bids and contracts let for any
of the improvements. City shall have the right to inspect all works of
improvement as if said works of improvement were being constructed as a
public works contract let by ~he city.
SECTION 11. Upon execution of this Agreement and completion of the improvements,
the City shall have the right to use said improvements as determined
necessary and integral for the works of improvement within the Assess-
ment District.
SECTION 12. The acquisition monies, upon the sale of bonds, shall be distributed
pursuant to written instructions executed by all persons having an
interest in the property, a8 disclosed by a current title report.
"Interested parties" shall consist of property Owners as shown on the
last equalized assessment roll for property taxes, as well as any
~
beneficiaries under any existing deeds of trust. No cash distribution
shall be made until all parties have executed the appropriate written
instructions.
SECTION 13. Acquisition monies may be withheld until all improvements required to
be installed by the Property Owner have been completed, and a reason-
able amount of monies due under this Agreement may be subsequently with-
held to cover t inal possible corrections and/or adjustments in the
work, eaid work to be accomplished subsequent to the cont irmation of
the assessment and sale of bonds.
SECTION 14. This Agreement is contingent upon the confirmation of assessments and
successful sale of bonds, and it_ shall be null and void if said bonds
are not sold within a three (3) year period following the date of this
Agreement, or any mutually agreed extension; however, this time can be
extended by request of the Property Owner and concurrence of the
legislative body.
SECTION 15. Property Owner hereby agrees to provide written notice to any potential
purchasers of lots in a form satisfactory to city so advising the
potential owner of the fact of the proposed or confirmed Assessment
District, with said document being executed by the potential owner.
S~ch notice shall be provided to the potential owner a reasonable time
before the potential owner becomes contractually committed to purchase
the lot so that the potential owner may knowingly consider the impact
of the assessment in the decision to purchase' the lot. A copy of all
such notices executed by actual purchasers shall be sent to the City.
SECTION 16. Property Owner agrees to and shall assume the defense of, indemnify and
hold harmless the City, its officers and agents, from any action,
damages, claims or losses of- any type resulting from this Agreement,
including without limitation the design, engineering, construction
bidding, award of the contract contract and construction of the improve-
ments. No provision as contained herein shall in any way limit the
extent of the responsibility of said Property Owner for payment of
damages resulting from the construction of the improvements and/or any
contractual relationships between Property Owner and contractor and/or
subcontractors.
SECTION 17. This Agreement is binding upon heirs, assigns, and successors-in_
interest.
SECTION 18. This Agreement, by its execution, amends and Bupercedes any terms and
conditions that may be inconsistent in any previous agreement, includ-
ing any subdivision improvement agreement, relating to the construc-
tion, installation or financing of said improvements.
~
1. f - 13r
SECTION 19. The prevailing party in any litigation relating to, interpreting or
enforcing this Agreement, shall be entitled to reasonable attorney's
fees as determined by the Court.
SECTION 2D.
This Agreement and the construct ion
subject to all local laws and ordinances
improvement agreements, land division,
applicable development requirements.
of the improvements shall be
relating to the requirement of
improvement security or other
EXECUTED by and between the parties hereto on the day and year first hereinabove
written.
"CITY"
CITY OF CHULA VISTA
BRUCE M. BOOGAARD,
ATTEST:
CITY CLERK
CITY OF CHULA VISTA
STATE OF CAIFORNIA
i
"PROPERTY OWNER"
EASTLAKE DEVELOPMENT CO.
~y: Jjr1~ 4~11~~
U-O-J4
2f(-13i
EXHIBIT A
DESCRIPTION OF WORK
ASSESSMENT DISTRICT NO, 90-3
The general description of work to be funded by Assessment District 90-3 consists of the
following:
I. Street improvements consisting of grading, base, paving, curb, gutter, sidewalk,
street lighting and landscaping within the following rights-of-way:
a, North Greensview Drive - from Hunte Park.'Way west to Clubhouse Drive.
b. Master Ridge Road - from North Greenview Drive north to its terminus.
c. Clubhouse Drive - from Hunte Parkway west to EastLake Parkway.
d. Greensgate Drive - from North Greenview Drive west to EastLake Parkway.
e. EastLake Parkway - from Otay Lakes Road south to SDG&E easement.
f. Hunte Parkway - from Otay Lakes Road south to Clubhouse Drive.
2. Utilities and underground improvements consisting of potable water facilities,
reclaimed water facilities, sanitary sewers, storm drains, irrigation facilities and
utility undergrounding as appropriate by applicable state and federal statutes within
the following rights-of-way:
a. Eastlake Parkway - from Otay Lakes Road south to the SDG&E easement.
b. North Greensview Drive - from Hunte Park.'Way west to Clubhouse Drive.
c. Master Ridge Road - from North Greensview Drive north to its terminus.
d. Clubhouse Drive - from Hunte Parkway west to EastLake Park.'way.
e. Greensgate Drive - from North Greensview Drive west to EastLake Parkway.
f. Hunte Parkway - from Orange Avenue north to Otay Lakes Road.
g. Otay Lakes Road - from EastLake Parkway east to its terminus on site.
3. Two sewer pump stations and associated force mains located in Otay Lakes Road and
EastLake Parkway.
~
'2 f - 1.3~
Exhi~l[ 8
A:cuiS.t:~.1 Ag~eement
Eastiake Development Assessment District 90-3
COST SUI~MARY
ITEM # DESCRIPTION COST
1 980 WATER SYSTEM 1,684,921
2 710 WATER SYSTEM 1,426,751
3 WASTE WATER 2,032,996
4 STREET, STORM DRAtN & LANDSCAPING 4,947.466
5 RECLAIMED WATER 975.861
6 DRY UTILlTtES 1,173,014
7 DIF STREETS 5,101,950
8 INCIDENTALS 3,442,000
TOTAL 20,784,959
~
2. i-I afo
OS-Dee-gO
Ex.".;:::!l 3
:",:::;uislticn Agreement Exhibit
Eastlake Oevelo;Jment Assessment District 90-3
930 WATER SYSTEM
UNIT QUANTIlY UNIT COST
tTEM # DESCRIPTION PRICE
EASTLAKE PARI<:WAY I
1 AIR RELEASE VALVE (2") EA. 4 I
2 BLOWOFF W-6 (2") EA. 2 I
3 BLOWOFF W-9 (4") EA. 3 I
I
4 BUTIERFL Y VALVE (12") EA. 3 I
5 BUTIERFL Y VALVE (20") EA. 5 i
6 12" WATER MAIN L.F. 213
7 20" WATER MAIN L.F. 2941
8 3D" WATER MAIN L.F. 37
9 1" WATER SERVICE EA. 2
10 2" WATER SERVtCE EA. 1
11 BLOWOFF (6") EA. 1
12 36" WATER MAIN L.F. 1844
13 BUTIERFL Y VALVE (36") EA. 3 ITEMS 1-13 275,000
GREENSGATE DRIVE
14 AIR RELEASE VALVE (1") EA. 1
15 FIRE HYDRANT (3-WAY) EA. 1
16 12" WATER MAIN L.F. 495 tTEMS 14-16 21,570
N. GREENSVIEW DRIVE
17 AIR RELEASE VALVE (1") EA. 2
18 BLOWOFF W-6 (2") EA. 18
19 FIRE HYDRANT (3-WAY) EA. 17
20 BUTIERFL Y VALVE (8") EA. 9
21 BUTIERFL Y VALVE (10") EA. 6
22 BUTIERFL Y VALVE (12") EA. 31
23 BUTIERFL Y VALVE (16") EA. 1
24 BUTIERFL Y VALVE (20") EA. 1
25 BUTIERFLY VALVE (30") EA. 2
26 8" WATER MAIN L.F. 314
27 10" WATER MAIN L.F. 239
28 12" WATER MAIN L.F. 5295
29 16" WATER MAIN L.F. 59
30 2" WATER SERVICE EA. 1 ITEMS 17-30 352,528
OS-Dee-90
~
2 ~-Ilfl
E",:-;'::;,13
A::::u;si:ion Agreement Exhibit
Easllake Development Assessment D:strict 90-3
980 WATER SYSTEM
UNIT QUANTITY UNtT COST
ITEM # DESCRIPTION PRICE
MASTER RIDGE ROAD
31 AIR RELEASE VALVE (1") EA. 1
32 BLOWOFF W-6 (2") EA. 3
33 FIRE HYDRANT (3-WAY) EA. 2
34 BUTTERFLY VALVE (1 a") EA. 3
35 BUTTERFLY VALVE (12") EA. 4
36 10" WATER MAIN L.F. 146
37 12" WATER MAIN L.F. 1088 ITEMS 31-37 61.049
CLUBHOUSE DRIVE
38 AIR RELEASE VALVE (1") EA. 7
39 AIR RELEASE VALVE (2") EA. 3
40 BLOWOFF W-6 (2") EA. 9
41 BLOWOFF W-9 (4") EA. 4
42 FIRE HYDRANT (3-WAY) EA. 11
43 BUnERFLY VALVE (10") EA. 15
44 BUTTERFLY VALVE (12") EA. 1
45 BUTTERFLY VALVE (16") EA. 1
46 BUTTERFLY VALVE (20") EA. 3
47 BUTTERFLY VALVE (30") EA. 2
48 8" WATER MAIN L.F. 138
49 10" WATER MAIN L.F. 3289
50 12" WATER MAtN L.F. 39
51 20" WATER MAIN L.F. 561
52 30" WATER MAIN L.F. 3703 ITEMS 38-52 235.131
N. HUNTE PARKWAY
53 AIR RELEASE VALVE (2") EA. 1
54 BLOWOFF W-6 (2") EA. 3
55 BLOWOFF W-9 (4") EA. 1
56 FIRE HYDRANT (3-WAY) EA. 5
57 BUTTERFLY VALVE (16") EA. 2
58 BUTTERFLY VALVE (30") EA. 1
59 30" WATER MAIN L.F. 3103 ITEMS 53-59 125,000
OS-Dee-90
~
'2. f(-/4/2
t:x.~;::il 3
MC=1w:silion Agreement Exhibit
Easl!ake Development Assessment Distric\ 90-3
980 WATER SYSTEM
UNIT QUANTITY UNIT COST
tTEM# DESCRIPTION PRICE
S. HUNTE PARKWAY
60 AIR RELEASE VALVE (1") EA. 2
61 AIR RELEASE VALVE (2") EA. 6
62 BLOWOFF W-6 (2") EA. 3
63 BLOWOFF W-9 (4") EA. 2
,
64 FIRE HYDRANT (3-WAY) EA. 4
65 BUTTERFLY VALVE (8") EA. 1
66 BUTTERFLY VALVE (16") EA. 4
67 8" WATER MAtN L.F. 38
68 16" WATER MAIN L.F. 3101 ITEMS 60-68 227,612
OTAY LAKES ROAD
69 AIR RELEASE VALVE (1") EA. 1
70 AtR RELEASE VALVE (2") EA. 9
71 BLOWOFF W-6 (2") EA. 7
72 BLOWOFF W-9 (4") EA. 8
73 FIRE HYDRANT (3-WAY) EA. 2
74 BUTTERFLY VALVE (12") EA. 5
75 BUTTERFLY VALVE (16") EA. 7
76 12" WATER MAIN L.F. 1985
77 16" WATER MAIN L.F. 5244
78 2" WATER SERVICE EA. 1 ITEMS 69-78 233,857
SUBTOTAL 1,531,746
79 CONTINGENCY 10% 153,175
TOTAL 1,684,921
OS-Dee-gO
"Ift1--H
2 f "" /~3
E),;-..~.l g
~:;..j.Si;IX1 AGreer'0ent
=:35:1;:;;';e Daveiopment Assessment D.stricl 90-3
INCIDENTAL EXPENSES
ITEM # DESCRtPTtON
, DESIGN ENGINEERING
2 CONSTRUCTION SUPERVISION
3 LANDSCAPE DESIGN
4 UTtLlTY ENGINEERING
5 PLAN CHECK & INSPECTION FEES
6 SURVEYING & STAKING
7 SPECIAL STUDIES ENGINEERING
a SOILS ENGINEERING
9 SEWER & WATER ENGINEERING
TOTAL
COST
, ,367,000
70,000
320,000
50,000
600,000
336,000
300,000
164,000
235,000
3,442,000
~
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OS-Dec-90
;":~~:5i:i.:';1 A;;;:eerr:enl
E2.:;::c.~~e Develc;J:T:9nl ASS'::':SS.1"lsnt O:strict 90-3
71QWATERSYSTEM
UNIT QUANTITY UNIT I COST
ITEM # DESCRIPTION PRICE
EASTLAKE PARK\\lAY
1 AIR RELEASE VALVE (2") EA. 8
2 BLOWOFF W-6 (2") EA. 1
3 BLOWOFF W-9 (4") EA. 4
4 FIRE HYDRANT (3-WAY) EA. 15
5 BUTTERFLY VALVE (12") EA. 2
6 BUTTERFLY VALVE (20") EA. 8
7 12" WATER MAtN L.F. 168
8 20" WATER MAIN L.F. 4781 ITEMS 1-8 315,774
N. HUNTE PARKWAY
9 AIR RELEASE VALVE (2") EA. 2
10 BLOWOFF W-6 (2") EA. 1
11 BLOWOFF W-9 (4") EA. 1
12 BUTTERFLY VALVE (24") EA. 2
13 24" WATER MAIN L.F. 3093 ITEMS 9-13 411,759
S. HUNTE PARKWAY
14 AtR RELEASE VALVE (2") EA. 3
15 BLOWOFF W-6 (2") EA. 1
16 BLOWOFF W-9 (4") EA. 3
17 BUTTERFLY VALVE (24") EA. 3
18 24" WATER MAIN L.F. 3027 ITEMS 14-18 320.000
OTAY LAKES ROAD
19 AIR RELEASE VALVE (2") EA. 8
20 BLOWOFF W-9 (4") EA. 9
21 FtRE HYDRATN (3-WAY) EA. 3
22 BUTTERFLY VALVE (10") EA. 1
23 BUTTERFLY VALVE (20") EA. 3
24 BUTTERFLY VALVE (24") EA. 11
25 BUTTERFLY VALVE (30") EA. 4
26 10" WATER MAIN L.F. 36
27 20" WATER MAIN L.F. 1271
28 24" WATER MAtN L.F. 6279
29 30" WATER MAIN L.F. 2092
30 BLOW OFF (6") EA. 3
31 AIR RELEASE VALVE (3") EA. 2 ITEMS 19-31 249.514
SUBTOTAL 1,297,046
32 CONTINGENCY 10% 129,705
TOTAL 1,426,751
OS-Dee-90
/~
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Exhibit B
Ac.~uisilion Agreement
Eas::alo.e Develo;::ment Assessment District 90-3
SE\VER SYSTEM
UNIT QUANTITY UNIT COST
- ~_C -
ITEM # DESCRIPTION PRICE
EASTLAKE PARKWAY
1 MANHOLE S-17 4' DIAM. EA. 17
2 CONNECT TO EXIST. MANHOLE EA. 1
3 8" P.V.C. L.F. 2806
4 8" SEWER MAIN L.F. 2114
5 12" P.V.C. L.F. 2220
6 FORCE MAIN CLEAN OUT EA. .- 5 ITEMS 1-6 204,758
7 PUMP STATION EA. 1 315,126
GREENSGATE DRIVE
8 MANHOLE S- 1 74' DIAM. EA. 1
9 8" P.V.C. L.F. 559
10 SEWER END CAP EA. 2
11 SEWER PLUG (EXIST. SEWER) EA. 1
12 REM. PLUG CONN. W/C. COLLAR EA. 1 ITEMS 8-12 14,160
N. GREENSVIEW DR.
13 MANHOLE S-17 4' DIAM. EA. 12
14 8" P-:-V.C. L.F. 3092
15 SEWER END CAP EA. 7
16 SEWER PLUG (EXIST. SEWER) EA. 1
17 4" SEWER LATERAL EA. 1 ITEMS 13-17 84,503
MASTER RtDGE ROAD
18 MANHOLE S-17 4' DIAM. EA. 3
19 8" P.V.C. L.F. 994
20 SEWER END CAP EA. 3
21 SEWER PLUG (EXIST. SEWER) EA. 1
22 4" SEWER LATERAL EA. 1 ITEMS 18-22 26,432
CLUBHOUSE DRIVE
23 MANHOLE S-17 4' DIAM. EA. 7
24 8" P.V.C. L.F. 2503
25 SEWER END CAP EA. 4
26 REM. PLUG CONN. W/C. COLLAR EA. 1
27 ENCASEMENT (>8") L.F. 105 ITEMS 23-27 67,661
N. HUNTE PARKWAY
28 MANHOLE S-17 4' DIAM. EA. 9
29 8" P.V.C. L.F. 37
30 10" P.V.C. L.F, 37
31 SEWER END CAP EA. 4
32 SEWER PLUG (EXIST. SEWER) EA. 2
33 6" SEWER MAIN L.F. 74
34 12" FORCE MAIN L.F. 296
35 15" SEWER MAIN L.F. 2840 ITEMS 28-35 108,469
#b-:-R.
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Exhibit B
A::Juisilian Agreement
E2sllake Development Assessment D:slrict 90-3
SEWER SYSTEM
UNIT QUANTITY UNIT COST
tTEM # DESCRtPTtON PRICE
S. HUNTE PARKWAY
36 MANHOLE S-17 4' DIAM. EA. 7
37 FORCE MAIN CLEAN OUT EA. 7
38 12" SEWER MAIN L.F. 2734
39 12" FORCE MAIN L.F. 3065 ITEMS 36-39 259.820
OTAY LAKES ROAD
40 MANHOLE S-17 4' DIAM. EA. .' 18
41 10" P.V.C. L.F. 134
42 8" SEWER MAIN L.F. 86
43 12" P.V.C. L.F. 1430
44 FORCE MAIN CLEAN OUT EA. 10
45 12" SEWER MAIN L.F. 4277
46 15" SEWER MAIN L.F. 3130 ITEMS 40-46 267.250
47 PUMP STATION EA. 1 500.000
SUBTOTAL 1.848.178
~
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Ex;-;;~it B
AC8u:silion Agreement
Eas:iake Development Assessment District 90-3
STREET SYSTEM
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION PRICE
N. GREENSVIEW DRIVE
1 GRADING - FILL C.Y. 8.000 1.00 8.000
2 GRADING - CUT BALANCE C.Y. 730.000 0.50 365.000
3 18" R.C.P. LF. 793
4 24" R.C.P. LF. 2329
5 30" R.C.P. LF. 547
6 36" R.C.P. LF. , 579
7 42" R.C.P. LF. 362
8 CLEANOUT TYPE A (D-9) EA. 22
9 CURB INLET TYPE B (D-2) EA. 13
10 CONCRETE LUG (D-63) EA. 1 ITEMS 3-10 904.303
11 6" A.C. BERM LF. 1171
12 A.C. SIDEWALK LF. 5653
13 PED. RAMP (SDG-' 01) LS. 20
14 CITY MONUMENT EA. 16
15 GU~RD BARRICADE EA. 72
16 MONOLITHIC CURB, GUT. & SNJ LF. 8873
17 ADJ. M.H. COVER TO GRADE EA. 34
18 PAVING (COLLECTOR STRS.) S.F. 240273
19 SEAL COAT S.F. 240273
20 8' P.C.C. DRIVEWAY EA. 5
21 5 112" P.C.C. X-GUTIER S.F. 890
22 STREET LIGHT - SINGLE HUNG EA. 14 ITEMS 11-22 575.321
05-Dec-90
/1-1) f'l
28 -III'!
Ex:"o.J B
Acq'J:s,!ion Agreement
Eastlake Development Assessment District 90-3
STREET SYSTEM
UNIT QUANTITY UNIT COST
tTEM# DESCRtPTlON PRICE
MASTER RIDGE ROAD
23 GRADING - FILL C.Y. 31000 0.50 15.500
24 GRADING - CUT BALANCE C.Y. 0 0.00 0
25 18" R.C.P. L.F. 456
26 24" R.C.P. L.F. 263
27 30" R.C.P. L.F. 226
28 CLEANOUT TYPE A (0-9) EA. , 5
29 REMOVE EXIST. S.D. L.F. 46 ITEMS 25-29 159.724
30 6" A.C. BERM L.F. 76
31 A.C. StDEWALK L.F. 367
32 PED. RAMP (SDG-101) L.S. 3
33 CtTY MONUMENT EA. 1
34 GUARD BARRICADE EA. 67
35 MONOLITHIC CURB, GUT. & sm L.F. 1637
36 PAVtNG (COLLECTOR STRS.) S.F. 31670
37 SEAL COAT S.F. 31670
38 TYPE B-1 CURB L.F. 208
39 8' P.C.C. DRIVEWAY EA. 2
40 5 112" P.C.C. X-GUTTER S.F. 1040
41 STREET LIGHT - DOUBLE HUNG EA. 1
42 STREET LIGHT - SINGLE HUNG EA. 2
43 30' COMMERCIAL DWY. EA. 1 ITEMS 30-43 98,392
05-Dee-90
II GJ );.D
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Exhibit B
;":~uis:ti'J~ Agre-3ment
Easllake Development Assessment District 90-3
STREET SYSTEM
UNtT QUANTt1Y UNtT COST
ITEM # DESCRtPTlON PRtCE
CLUBHOUSE DRIVE
44 TRAFFIC SIG NALlZA TON L.S. 1 150,000.00 150,000
45 GRADING - FILL C.Y. 36000 1.00 36,000
46 GRADING - CUT BALANCE C.Y. 150000 050 75.000
47 LANDSCAPING L.S. 1 300.000 300.000
48 18" RC.P. L.F. 1042
49 24" R.C.P. L.F. .' 754
50 30" RC.P. L.F. 588
51 36" RC.P. L.F. 433
52 42" RC.P. L.F. 133
53 48" RC.P. L.F. 469
54 CLEAN OUT 1YPE A (0-9) EA. 13
55 CURB INLET 1YPE B (0-2) EA. 13
56 CONCRETE LUG (0-63) EA. 1 ITEMS 48-56 710,4 1 0
57 6" 1YPE G CURB (G-2) L.F. 3131
58 6" ....C. BERM L.F. 615
59 A.C. SIDEWALK L.F. 2979
60 PED. RAMP (SDG-101) L.S. 6
61 P.C.C. SIDEWALK S.F. 26219
62 CI1Y MONUMENT EA. 9
63 MONOLITHIC CURB, GUT. & sm L.F. 3437
64 ADJ. M.H. COVER TO GRADE EA. 21
65 SAWCUT EXIST. P.C.C. OR A.C. L.F. 120
66 REMOVE A.C. BERM & A.C. sm L.F. 145
67 PAVING (COLLECTOR STRS.) S.F. 154938
68 SEAL COAT S.F. 198972
69 1YPE B- 1 CURB L.F. 2267
70 STREET LIGHT - DOUBLE HUNG EA. 2
71 STREET LIGHT SINGLE HUNG EA. 8 ITEMS 57-71 475,974
OS-Dec-90
J/~ ~
" .
2 '1...150
Ex,'''':;:::it B
;"C::u:$ltiO:l A,~reement
Eas:iake Development Assessment District 90-3
STREET SYSTEM
UNIT QUANTITY UNIT I COST I
ITEM # DESGRIPTtON PRICE
GREENSGATE DRtVE I
72 GRADING - FILL C.Y. 0 000 0
73 GRADING - CUT BALANCE C.Y. 83000 0.50 41,500
74 18" R.C.P. l.F. 86
75 42" R.C.P. l.F. 384
76 CLEAN OUT TYPE A (0-9) EA. 1 ITEMS 74-76 "6,037
77 CURB tNLET TYPE B (0-2) EA. 2
78 PED. RAMP (SDG-101) L.S. 2
79 MONOLITHIC CURB, GUT. & SNJ L.F. 988
80 ADJ. M.H. COVER TO GRADE EA. 2
81 SAWCUT EXIST. P.G.C. OR A.C. L.F. 150
82 REMOVE A.C. BERM & A.C. SNJ l.F. 130
83 SEAL COAT S.F. 31406
84 TYPE B-1 CURB L.F. 853
85 STREET LIGHT - DOUBLE HUNG EA. 1
86 PAV!..NG (MAJOR STREETS) S.F. 31406 tTEMS 77-86 75,580
87 ADD. LANDSCAPING COST L.S. 1 388,955 388,955
SUBTOTAL 4,497,696
88 CONTINGENCY 10% 449,770
TOTAL 4,947,466
05-Dec-90
/+E) 2,
~ ~ -/5/
E>..:iil;>it S
AcquiSItion Agreement
Easllake Development Assessment District 90-3
RECLAtMED WATER SYSTEM
UNIT QUANTITY UNIT COST
ITEM # DESCRtPTlON PRICE
EASTLAKE PARKWAY
1 S" RECLAIMED WATERLINE LF. 110
2 1S" RECLAtMEDWATERLlNE LF. 4855
3 GATE VALVE (S") EA. 3
4 BUTTERFLY VALVE (1S") EA. 7
5 AtR RELEASE VALVE (2") EA. S
6 BLOWOFF W-S (2") EA. . 3
7 BLOWOFF W-9 (4") EA. S ITEMS 1-7 327.44S
N. HUNTE PARKWAY
a 16" RECLAIMED WATERLINE LF. 3152
9 BUTTERFLY VALVE (1S") EA. 2
10 AIR RELEASE VALVE (2") EA. 2
11 BLOWOFF W-9 (4") EA. 2 ITEMS a-1 1 135,000
S. HUNTE PARKWAY
12 1S" RECLAIMED WATERLINE LF. 3147
13 BU1]'ERFLY VALVE <1S") EA. S
14 AtR RELEASE VALVE (1") EA. 2
15 AIR RELEASE VALVE (2") EA. 3
16 BLOWOFF W-S (2") EA. 3
17 BLOWOFF W-9 (4") EA. 3 ITEMS 12-17 150.000
CLUBHOUSE DRIVE
1a S" RECLAIMED WATERLINE LF. 70
19 a" RECLAIMED WATERLINE LF. 331
20 1S" RECLAIMED WATERLINE LF. 201
21 BUTTERFLY VALVE (a") EA. 3
22 BUTTERFLY VALVE (12") EA. t ~ I ITEMS 1 a-23
23 BUTTERFLY VALVE (1S") EA. 25.907
OS-Dee-gO
/JJ;> - .2.3
2'1-15'2..
c;:r;nibit 8
:":~:.Jisillon Ag~eerr.ent
:astlake Development Assessment District 90.3
RECLAIMED WATER SYSTEM
UNIT QUANTITY UNIT COST
tTEM# DESCRIPTION PRtCE
OTAY LAKES ROAD
24 6" RECLAIMED WATERLINE L.F. 21
25 8" RECLAtMED WATERLINE L.F. 2096
26 16" RECLAIMED WATERLINE L.F. 1636
27 20" RECLAIMED WATERLINE L.F. 4932
28 BUTTERFLY VALVE (8") EA. 5
29 BUTTERFLY VALVE (16") EA. , 5
30 BUTTERFLY VALVE (20") EA. 9
31 AIR RELEASE VALVE (1") EA. 3
32 AIR RELEASE VALVE (2") EA. 9
33 BLOWOFF W-6 (2") EA. 5
34 BLOWOFF W-9 (4") EA. 7 248.793
SUBTOTAL 887,146
35 INCIDENTALS 100;' 88.715
TOTAL 975.861
05-Dec-90
~
2 ~ -IS3
Exr"bit 6
.AcquiSition Agreement
Eas:lake Development Assessment District 90-3
STREET SYSTEM - DIF
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION PRICE
EASTLAKE PARKWAY
1 GRADING - FILL C.Y. 124,000 1.00 124,000
2 GRADING - CUT BALANCE C.Y. 33,000 0.50 16.500
3 LANDSCAPING L.S. 1 392,877 392,877
4 TRAFFIC SIGNALIZATION L.S. 1 150.000 150.000
5 18" R.C.P. L.F. 1451
6 CLEANOUT TYPE A (0-9) EA. 9
7 CURB INLET TYPE B (0-2) EA. 17
8 TYPE"F" C.B. EA. 2
9 HIGH SIDE COBBLE DITCH L.F. 1130 ITEMS 5-9 222.260
10 6" TYPE H CURB (G-2) 6205
11 ROLLED CURB (G-4) L.F. 60
12 REMOVAL CURB & GUTTER L.F. 260
13 6" A.C. BERM L.F. 1070
14 A.C. SIDEWALK L.F. 6314
15 PED. RAMP (SDG-l01) L.S. 8
16 P.C:C. SIDEWALK S.F. 27500
17 ST. NAME SIGN (SDM-l02) EA. 5
18 CITY I~ONUMENT EA. 7
19 RELOCATE STREET LIGHT EA. 1
20 MONOLITHIC CURB. GUT. & srw L.F. 4945
21 SEAL COAT S.F. 374855
22 TYPE B- 1 CURB L.F. 6645
23 5 1/2" P.C.C. X-GUTTER S.F. 600
24 STREET LIGHT - DOUBLE HUNG EA. 15
25 STREET LIGHT - SINGLE HUNG EA. '1
26 TEMP. A.C. PAVING S.F. 7730
27 TRENCH RESURFACING L.F. 2800
28 REPLACE EX 4" HP GAS L.S. 1
29 PAVING (MAJOR STREETS) S.F. 374855 tTEMS 10-29 1.091.505
05-Dec-90
lIb - 2.>'
2. f -/5 Y
Exh,bil B
AC~lJiSlliO:1 Agreement
Eastlake Development Assessment District 90-3
STREET SYSTEM - DIF
UNIT QUANTtTY UNIT I COST
ITEM # DESCRIPTtON PRICE
N. HUNTE PARKWAY
30 GRADING - FILL C.Y. 190,000 100 190,000
31 GRADING - CUT BALANCE C.Y. 28,000 0.50 14,000
32 LANDSCAPING L.S. 1 1,700,000 1,700,000
33 TRAFFIC SIGNALIZATION L.S. 1 150,000 150,000
34 18" R.C.P. L.F. 352
35 CLEANOUTTYPE A (D-9) EA. 4 ITEMS 30-35 61,830
36 6" TYPE G CURB (G-2) L.F. 3052
37 6" A.C. BERM L.F. 106
38 PED. RAMP (SDG-l01) L.S. 2
39 P.C.C. SIDEWALK S.F. 10952
40 CtTY MONUMENT EA. 5
41 GUARD RAtL L.F. 1810
42 GUARD BARRICADE EA. 88
43 ADJ. M.H. COVER TO GRADE EA. 20
44 REfoJ,OVE A.C. BERM & A.C. srw L.F. 160
45 SEAL COAT S.F. 228485
46 TYPE B-1 CURB L.F. 5908
47 STREET LIGHT - DOUBLE HUNG EA. 7
48 STREET LIGHT - SINGLE HUNG EA. 3
49 MONOLlTHtC CURB & GUTTER S.F. 2925
50 PAVING (MAJOR STREETS) S.F. 228485 tTEMS 49-72 525,"4
SUBTOTAL 4,638,136
51 CONTINGENCY 10'A> 463,814
CONSTRUCTION TOTAL 5,101,950
OS-Dee-90
~ 2."
21-/55
Ex.'1ibit B
Acquisition Agreement
Eastlake Development Assessment District 90- 3
STREET SYSTEM - DIF
UNIT QUANTITY UNIT COST
ITEM # DESCRIPTION PRICE
INCIDENTALS
52 CIVIL ENGINEERtNG L.S. 1 431.500 431,500
53 LANDSCAPE ARCHtTECTURE L.S. 1 162,500 162.500
54 SOILS ENGINEERING L.S. 1 83.500 83,500
55 SURVEYING L.S. 1 171.000 171.000
56 INSPECTtON DEPOStT L.S. 1 189.500 189.500
INCIDENTAL TOTAL 1.038.000
GRAND TOTAL 6,139.950
1ft; - J.. 4-
;;. i -15~
OS-Dee-gO
APPENDIX B
ACTUAL COST INFORMATION
(Bound Separately)
1..tj./51-
APPENDIX C
PROCEDURAL ORDINANCE NO. 2397
1- f' 1St
l
ORDINANCE NO. 2397
AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA,
ESTABLISHING SPECIFIC TERMS AND CONDITIONS FOR SPECIAL
ASSESSMENT PROCEEDINGS
WHEREAS, the City of Chu1a Vista, California, is a charter city organized
and existing under the laws of the State of California, and is duly authorized
and empowered to make laws as they relate to municipal affairs of the City;
and,
WHEREAS, at this time this City is desirous to establish certain terms,
conditions and authorizations specifically as it relates to the processing and
formation for special assessment districts under the applicable laws of the
State of California.
NOW, THEREFORE, BE IT ORDAINED:
SECTION 1. Recitals. That the above recitals are all true and correct.
,
SECTION 2. Reference to Laws. The provisions of the "Municipal
Improvement Act of 1913," being Division 12 of the Streets and Highways Code
of the State of California, commencing with Section 10000, shall be applicable
to all special assessment proceedings in the City and shall only be modified
and amended as set forth herein.
SECTION 3. Acquisition. Section 10010 ACQUISITIOU, subparagraph (a) is
amended to include and deflne acquisition as the following:
(a) Any works, improvements, app1 i ances or faci 1 i ti es authori zed to be
made, constructed or acqui red under thi s divi si on ("Muni ci pal
Improvement Act of 1913") and which are in existence and installed
i np1 ace on or before the date of adopti on of the Reso1 uti on of
Intenti on for the acqui siti on therof; the Ci ty may finance the
purchase and acquisition of improvements completed after the
adoption of the resolution of intention if the facility or
improvement was constructed as if it had been constructed under the
direction and supervision, or under the authority of, the City.
l.
2 V'/5'
Ordinance No. 2397
Page 2
(
Acquisition can also include use or capacity rights in any of the
works, improvements, applicances or facilities acquired or
installed pursuant to Section 10109 to 10110 of the "Huncicipal
Improvement Act of 1913," inclusive. The remainder of Section
10010 shall remain in full force and effect and be applicable for
all special assessment proceedings conducted by the City.
SECTION 4. This ordinance shall take effect and be in full force on the
thirtieth day from and after its adoption.
Works
, bYJ)
Presented by
Bruce M. Boogaard
Ci ty Attorney
(
~
'2~...I"O
r
l
Ordinance Uo. 2397
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vi 5ta. Ca1 Horni a. thi 5 2nd day of October. 1990. by the foll Old ng vote:
AYES:
Councilmembers: McCandliss, Moore, Nader, Cox
NOES:
ABSENT:
ABSTAIN:
Counci1member5: None
Counci 1 members: t~one
Counci1members: Malcolm
lev
. Cox, Mayor
ATTEST:
~
-r
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) S5.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Ordinance No. 2397 had its first reading on
September 25, 1990, and its second reading and adoption at a regular meeting
. of said City Council held on the 2nd- day of October, 1990.
Executed this 2nd day of October, 1990.
~~
Beverly
(
'-
J ~-/~I
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL
of Chul a Vi sta, Cali forni a, to consi der and fi nally determi ne whether the
publ ic interest and convenience require the acquisition of the improvements;
and to consider and determine whether the owners of a majority of the area of
the property in the proposed assessment district have protected against said
acquisition, or any portion thereof; and to consider and finally act on the
Engineer's "Report"; and to hear all protests relating to said proposed
proceedings, or the grades at which the work shall be done, or the extent of
the assessment district, or as to maps and descriptions, or the estimate of
the cost and expenses thereof, or the proposed diagram or assessment; and any
and all persons interested may file a written protest at or before the time
set for hearing referred to herein.
For all information relating to these proceedings, the hearing procedure, and
any and all matters as set forth and contained in any documents, Resolutions
or Certificates, attention is directed to the person designated below:
JOHN LIPPITT, PUBLIC WORKS DIRECTOR
CITY OF CHULA VISTA
P.O. BOX 1087
CHULA VISTA, CA 92012
TELEPHONE: (6l9) 691-5021
If you wish to challenge the City's action on this matter in court, you may be
limited to raising only those issues you or someone else raided at the public
heari ng described in thi s noti ce, or in written correspondence del i vered to
the City Council at or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, January 22,
1991 at 6:30 p.m. in the Council Chambers, Publ ic Services Building, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATED: December 21, 1990
Beverly Authelet
City Cl erk
~~-/(, ~
LAW OFFICES
BROWN. HARPER. BURNS S HENTSCHKE
F. MACKENZIE BROWN"
ALAN R. BURNS
.JOHN ROBERT HARPER"
OANIE:L S. HENTSCHKE:
HOBERT E. HESSELL
1~770 HIGH BLUFF ORIVE:, SUITE 240
SAN DIECO, CALIFORNIA 92130
(6191 ""56-1915
FAX 259~0292
NEWPORT BEACH (714) 551-1915
LOS ANGELES (213) 567-1915
OF COUNSEL
.JOSEPH ..J. HUGHES
MICHAEL 8. MONTGOMERY"
.... PRO~E5510N"''' CORPORATION
December 17, 1990
John Lippitt, PUblic Works Director
City of Chula Vista
P. O. Box 10B7
Chula Vista, CA 92012
RE: ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I)
Dear John:
Enclosed herein please find the
requirements which must be met
December 18, 1990:
fOllowing documents in
inunediate1y following
connection with the notice
the meeting scheduled for
INSTRUCTION SHBET; Necessary notice requirements to be met immediately
following adoption of Resolutions.
NOTICE OF
newspaper
IMPROVEMENT
and posting
(PUBLICATION/POSTING): This notice is the
the streets within the Assessment District.
format
for the
NOTICE TO PROPERTY OWNERS (MAILING):
mailing to the property owners.
This is the formal legal notice for
COVER LETTER FORMAT:
notice.
It is suggested that this letter accompany the legal
CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS:
compliance with all notice requirements.
To be executed upon
* * *
NOTICE REQUIREMENTS
Immediately upon adoption of the Resolutions, all Notice requirements, as set forth
in the INSTRUCTION SHEET, should be inunediately met and accomplished.
Please be advised that notice will generally be accomplished by the following:
a. Publication of NOTICE OF IMPROVEMENT two (2) times
b. Mailing NOTICE OF HEARING ON ASSESSMENT DISTRICT
c. Filing PROPOSED BOUNDARY MAP
d. Posting NOTICE OF IMPROVEMENT on public streets
'</-/113
LAW OF"FICES
BR.OWN. HAR.PER.. BUR.NS iii HENTSCHKE
John Lippitt, Public Works Director
City of Chula Vista
December 17, 1990 I
Page Two
CONFORIlED COPIES
Immediately upon completion of all items, as set forth in the INSTRUCTION SHEET, I
would appreciate a copy being returned to this office with initials and dates
showing compliance. As soon as they are available, I would appreciate receiving
executed copies of all Notices, Affidavits and Certificates.
Upon your review of the enclosed material, if you have any questions, comments or
suggestions, please call.
Very truly yours,
F. MACKENZIE BROWN
FMB:bd
encla.
cc: Beverly Authelet, City Clerk
Lyman Christopher, Finance Director
Thomas Meade; Municipal Finance Administration
Jerome Fournier; Willdan Associates
Carl Kadie; Kadie-Jensen, Johnson & Bodnar
2f...1fl1
INSTRUCTION SHEET
NAME OF AGENCY: CITY OF CHULA VISTA
NAME OF PROJECT: ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I)
PUBLIC HEARING DATE: JANUARY 22, 1991
INSTRUCTIONS
All blanks in the enclosed forms of notice must be completed before the required
legal notice is given.
In fixing the public hearing date, the "1913 Act" hearing cannot be held less than
thirty (30) days after the adoption of the Resolution Setting the Hearing.
I. THE CITY CLERK SHALL PERFORM THE FOLLOWING:
A. NOTICE OF IMPROVEMENT (POSTING)
Cause the NOTICE OF IMPROVEMENT to be posted in accordance with the Certi-
ficate of Compliance. Said Notices are to be posted not more than 300
feet apart on all open streets within the District, but not less than
three (3) in all. This posted Notice must be headed by the words "NOTICE
OF IMPROVEMENT" in letters at least one inch in height. The posting must
be completed at least TWENTY (20) DAYS before the date of hearing.
~.
NOTICE OF IMPROVEMENT (PUBLICATION)
Cause to be published in the designated legal newspaper in accordance with
Section 6066 of the Government Code, which provides that the Notice shall
be once a week for two (2) successive weeks. Two publications in a
newspaper published once a week or more often, with at least five (5) days
intervening, not counting the publication date, are sufficient. The first
publication of the Notice shall be at least TWENTY (20) DAYS before the
date set for the hearing.
C. NOTICE TO PROPERTY OWNERS (MAILING)
Cause to be mailed to each person owning real property proposed to be
assessed according to the names and addresses of such owners as the Bame
appear on the last County Assessment Roll, or at his address as known to
the City Clerk. Said mailing is to be completed at least TWENTY (20) DAYS
before the date Bet for hearing. Note that it may be necessary to fill in
or enclose the following:
(1) Proposed assessment;
(2) Assessment number and property description.
2/.../f.,5
D. COVER LETTER FORMAT
I would 'reconunend that the enclosed cover letter format be included with
the mailing of the legal notice for the proceedings. I would further.
recommend that the time for informational meetings be scheduled after the
receipt of bids on the improvements, but prior to the public hearing on
the project. This letter should be prepared on your stationery prior to
transmittal.
E. BOUNDARY MAP
Within FIFTEEN (15) DAYS following the adoption of the Resolution of
Intention, a duplicate original of the proposed boundary map should be
filed in the Office of the County Recorder. The other original should
also indicate the filing information with the County Recorder, and should
be kept on file with the transcript of these proceedings. A fee is
applicable for said filing.
F. WRITTEN COMMUNICATIONS
As written communications relating to the proceedings are received, copies
should be delivered to this office, together with copies being delivered
to the Engineer. In addition, copies should be prepared and delivered to
each member of the legislative body, so that there is ample opportunity to
review the communications prior to the public hearing.
. . .
FINAL DATES FOR PUBLICATION, POSTING AND MAILING:
NOTICE OF IMPROVEMENT (POSTING)
LAST DAY: JANUARY 2, 1991
NOTICE OF IMPROVEMENT (PUBLICATION)
LAST DAY: JANUARY 2, 1991
NOTICE TO PROPERTY OWNERS (MAILING)
LAST DAY: JANUARY 2, 1991
BOUNDARY MAP (RECORDING)
LAST DAY: JANUARY 2, 1991
I would recommend that these notice requirements be accomplished at an earlier date
in order to avoid any last minute confusion.
.
.
.
.
2 f "/~~
[POSTING/PUBLICATION]
NOTICE OF IMPROVEMENT
RESOLUTION OF INTENTION
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,
did, on the 18th day of December, 1990, adopt its Resolution of Intention, receive
and file a UReport" of the Engineer, and authorize a public hearing to be noticed
and set for proceedings to form a special assessment district known and designated
as ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I) (hereinafter referred to
as the "Assessment District").
The "Report", as approved, consists of "as-built" plans and specifications, descrip-
tions and estimate of the cost, and diagram and assessment, and for particulars as
to these proceedings, reference is made to said "Report" as preliminarily approved,
as well as to the previously mentioned Resolution of Intention.
DESCRIPTION OF IMPROVEMENT
The works of improvement to be acquired are described as street improvements consist-
ing of grading, base, paving, curb, gutter, sidewalk, street lighting and landscap-
ing, utilities and underground improvements consisting of water facilities, sanitary
sewers, storm drains, irrigation facilities and utility facilities, together with
appurtenances and appurtenant work, to serve and benefit properties located within
the boundaries of the Assessment District.
BOUNDARIES OF ASSESSMENT DISTRICT
All properties that benefit from the acquisition of the works of improvement shall
be assessed to pay a proportionate share of the costs and expenses of the improve-
ments. A map of the Assessment District identified as "PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I)" has been approved by the
legislative bOdy, and for all particulars as to the boundaries, reference is made to
said map on file with the transcript of these proceedings.
COST OF IMPROVEMENTS
That the cost of the facilities to be assessed to the property within the boundaries
of the Assessment District is estimated to be:
$24,185,852.00
The above figure includes all costs of the improvement, together with incidentals,
contingencies and financing costs.
1-<l"""r
...;
PROCEEDINGS AND BONDS
Said proceedings for this Assessment District shall be had and taken pursuant to the
"Municipal Improvement Act of 1913" (Division 12 of the Streets and Highways Code of.
the State of California), and applicable Sections of the City of Chula Vista Special
Assessment Procedural Ordinance No. 2397. Bonds will be issued to represent unpaid
assessments in accordance with the Improvement Bond Act of 1915 (Division 10 of said
Code). Following the confirmation of the assessments, a period of thirty (30) days
will be allowed to make payment of assessments in cash, and the unpaid balance will
then become payable in annual installments, with bonds issued to represent the
unpaid balance. The actual interest rate for the bonds shall be determined upon the
sale of said bonds.
PUBLIC HEARING
.NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 22ND DAY OF JANUARY, 1991, AT THE HOUR OF
6:00 O'CLOCK P.M. OF SAID DAY, IN THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND
PLACE FIXED TO CONSIDER AND ~'INALLY DETERMINE WHETHER THE PUBLIC INTEREST AND
CONVENIENCE REQUIRE THE ACQUISITION OF THE ~MPROVEMENTS; AND TO CONSIDER AND DETER-
MINE WHETHER THE OWNERS OF A MAJORITY OF THE AREA OF THE PROPERTY IN THE PROPOSED
ASSESSMENT DISTRICT HAVE PROTESTED AGAINST SAID ACQUISITION, OR ANY PORTION THEREOF;
AND TO CONSIDER AND FINALLY ACT ON THE ENGINEER'S "REPORT"; AND TO HEAR ALL PROTESTS
RELATING TO SAID PROPOSED PROCEEDINGS, OR THE GRADES AT WHICH THE WORK SHALL BE
DONE, OR THE EXTENT OF THE ASSESSMENT DISTRICT, OR AS TO MAPS AND DESCRIPTIONS, OR
THE ESTIMATE OF THE COST AND EXPENSES THEREOF, OR THE PROPOSED DIAGRAM OR ASSESS-
MENT; AND ANY AND ALL PERSONS INTERESTED MAY FILE A WRITTEN PROTEST AT OR BEFORE THE
TIME SET FOR HEARING REFERRED TO HEREIN.
PROCEEDINGS INQUIRIES
For all information relating to these proceedings, the hearing procedure, and any
and all matters as set forth and contained in any documents, Resolutions or Certifi-
cates, attention is directed to the person designated below:
JOHN LIPPITT, PUBLIC WORKS DIRECTOR
CITY OF CHULA VISTA
P. O. BOX 1087
CHULA VISTA, CA 92012
TELEPHONE: (619) 691-5021
DATED: , 1990.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
2 f - JII g
[MAILING]
NOTICE Oli' IMPROVEllENT
RESOLUTION OF INTENTION
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,
did, on the 18th day of December, 1990, adopt its Resolution of Intention, receive
and file a "Report" of the Engineer, and authorize a public hearing to be noticed
and set for proceedings to form a special assessment district known and designated
as ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I) (hereinafter referred to
as the "Assessment District").
The "Report", as approved, consists of lias-built" plans and specifications, descrip-
tions and estimate of the cost, and diagram and assessment, and for particulars as
to these proceedings, reference is made to said "Report" ae preliminarily approved,
as well as to the previously mentioned Resolution of Intention.
DESCRIPTION OF IMPROVEMENT
The works of improvement to be acquired are described as street improvements consist-
ing of grading, base, paving, curb, gutter, sidewalk, street lighting and landscap-
ing, utilities and underground improvements consisting of water facilities, sanitary
sewers, storm drains, irrigation facilities and utility facilities, together with
appurtenances and appurtenant work, to serve and benefit properties located within
the boundaries of the Assessment District.
BOUNDARIES OF ASSESSMENT DISTRICT
All properties that benefit from the acquisition of the works of improvement shall
be assessed to pay a proportionate share of the costs and expenses of the improve-
ments. A map of the Assessment District identified as "PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I)" has been approved by the
legislative body, and for all particulars as to the boundaries, reference is made to
said map on file with the transcript of these proceedings.
COST OF IMPROVEMENTS
That the cost of the facilities to be assessed to the property within the boundaries
of the Assessment District is estimated to be:
$24,185,852.00
The above figure includes all costs of the improvement, together with incidentals,
contingencies and financing costs.
2~-/~'1
PROCEEDINGS AND BONDS
Said proceedings fbr this Assessment District shall be had and taken pursuant to the
"Municipal Improvement Act of 1913" (Division 12 of the Streets and Highways Code of'
the State of California), and applicable Sections of the City of Chula Vista Special
Assessment Procedural Ordinance No. 2397. Bonds will be issued to represent unpaid
assessments in accordance with the Improvement Bond Act of 1915 (Division 10 of Baid
Code). Following the confirmation of the assessments, a period of thirty (30) days
will be allowed to make payment of assessments in cash, and the unpaid balance will
then become payable in annual installments, with bonds issued to represent the
unpaid balance. The actual interest rate for the bonds shall be determined upon the
sale of said bonds.
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 22ND DAY OF JANUARY, 1991, AT THE HOUR OF
6:00 O'CLOCK P.M. OF SAID DAY, IN THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND
PLACE FIXED TO CONSIDER AND FINALLY DETERMINE WHETHER THE PUBLIC INTEREST AND
CONVENIENCE REQUIRE THE ACQUISITION OF THE IMPROVEMENTS; AND TO CONSIDER AND DETER-
MINE WHETHER THE OWNERS OF A MAJORITY OF THE AREA OF THE PROPERTY IN THE PROPOSED
ASSESSMENT DISTRICT HAVE PROTESTED AGAINST SAID ACQUISITION, OR ANY PORTION THEREOF;
AND TO CONSIDER AND FINALLY ACT ON THE ENGINEER'S "REPORT"; AND TO HEAR ALL PROTESTS
RELATING TO SAID PROPOSED PROCEEDINGS, OR THE GRADES AT WHICH THE WORK SHALL BE
DONE, OR THE EXTENT OF THE ASSESSMENT DISTRICT, OR AS TO MAPS AND DESCRIPTIONS, OR
THE ESTIMATE OF THE COST AND EXPENSES THEREOF, OR THE PROPOSED DIAGRAM OR ASSESS-
MENT; AND ANY AND ALL PERSONS INTERESTED MAY FILE A WRITTEN PROTEST AT OR BEFORE THE
TIME SET FOR HEARING REFERRED TO HEREIN.
PROCEEDINGS INQUIRIES
For all information relating to these proceedings, the hearing procedure, and any
and all matters as set forth and contained in any documents, Resolutions or Certifi-
cates, attention is directed to the person designated below:
JOHN LIPPITT, PUBLIC WORKS DIRECTOR
CITY OF CHULA VISTA
P. O. BOX 1087
CHULA VISTA, CA 92012
TELEPHONE: (619) 691-5021
DATED: , 1990.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
THIS IS NOT A BILL. AT THIS TIME ALL FIGURES AND ASSESSMENTS ARE BASED ON
ESTIMATES. YOU SHOULD CHECK THE IDENTITY OF YOUR PROPERTY AND THE ESTIMATED
ASSESSMENT TO BE CHARGED TO YOUR PARTICULAR PARCEL OF PROPERTY FOR THE WORKS OF
IMPROVEMENT AS SET FORTH ON THE ATTACHMENT HERETO.
'2 8 .. r:ro
[TO BE PLACED ON CITY STATIONERY PRIOR TO MAILING]
RE: ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I)
Dear Property OWner:
Enclosed herein find legally required Notice for the formation of a special assess-
ment district for the construction of certain public improvements in your area and
for which you will be assessed to pay your proportionate share of the costs and
expenses of said improvements.
Please note that the legal Notice herein sets the time and place for the public
hearing, to be the 22nd day of January, 1991, at the hour of 6:00 o'clock p.m., in
the Council Chambers, City Hall. Also, note that the enclosed Notice sets forth the
estimated amount of your assessment, and pl~aBe be advised that, at this time, said
assessment is only an estimate.
The staff will be available on the following day or days at the following address for
consultation and meetings with all interested property owners:
DATE:
PLACE:
We hope to Bee you at these meetings. If for some reason you are unable to attend,
please call the undersigned for any information.
Very truly yours,
'2C-lrl
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIREMENTS
ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
BEVERLY AUTHELET, under penalty of perjury, CERTIFIES AS FOLLOWS:
The undersigned is now, and at all times mentioned herein was, the duly appointed,
qualified and acting CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, and as such,
accomplished the notice requirements in connection with the referenced Assessment
District, as noted:
POSTING
The NOTICE OF IMPROVEMENT was posted not more than three hundred (300) feet apart on
all open streets within the District described in a Resolution of Intention
previously adopted, and not less than three (3) Notices in all were posted. Said
posting was completed on the day of , 199___
A copy of the AGENDA for the meeting of December 18, 1990, setting forth a general
description of the proposed actions of the legislative body and the time and place
of the meeting, was posted in a location freely accessible to the general public at
least 72 hours before the time set for said meeting; said posting being accomplished
on the day of , 1990.
PUBLICATION
(STAR NEWS)
The NOTICE OF IMPROVEMENT was published in the designated legal newspaper in accor-
dance with Section 6066 of the Government Code of the State of California, said
publication being made once a week for two successive weeks; said publications being
accomplished on the day of ,199 ,and on the day
of , 199
RECORDING
A copy of the proposed BOUNDARY
within fifteen (15) days after
filing being accomplished on the
HAP
the
was filed in the
adoption of the
day of
Office of the
Resolution of
, 199
County Recorder
Intention; said
2 f ... r:r~
MAILING
The NOTICE TO PROPl;:RTY OWNERS (NOTICE OF HEARING) under Division 12 of the Streets
and Highways Code of the State of California ("Municipal Improvement Act of 1913"),
was mailed to all persons owning real property'proposed to be assessed according to
the names and addresses of such owners as the same appear on the last County
Assessment Roll, or at his address as known to the undersigned; said mailing being
accomplished on the day of , 199_
EXECUTED t his
California.
day of
199
at Chula Vista,
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
2 t - 1':J.3
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LAW OFFICES
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BROWN, HARP~R: BURNS B HENTSCHKE
F. MACKENZIE BROWN-
ALAN R. BURNS
..JOHN ROBERT HARPER-
DANIEL S. HENTSCHKE
ROBERT E. HESS ELL
12770 HIGH BLUFF DRIVE, SUITE 240
NEWPORT BEACH (714) 551-1915
SAN DIECO, CALIFORNIA 92130
(619) 456-1915
FAX 259-0292
LOS ANGELES (213) 587-1915
OF COUNSEL
.JOSEPH .J. HUGHES
MICHAEL.. B. MONTGOMI;:RY.
on ..cJ
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'A PROF"ESSIONAl CORPORATION
February 1, 1991
Beverly Authelet, City Clerk
City of Chula Vista
P. O. Box 1087
Chula vista, CA 92012
RE: ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I)
Dear Beverly:
At your earliest convenience, would you please send me the following items so that we
can be in a position to issue bonds when scheduled:
CONFORMED RESOLUTIONS passed in this A8s~ssment District proceeding other than
those previously provided to this office.
Newspaper affidavit of publication of the NOTICE OF IMPROVEMENT.
Proof of filing the BOUNDARY MAP with the County Recorder. This can consist of
a copy of the map showing the Recorder's stamp and pertinent information or a
Xerox copy of that part of the map showing the Recorqer's information.
'I \ . ,,: J -".p' '.\, \' ',' ,L-, \ r .'" ~ ." '. _,
_____" " ,I. ,', r' '.,.> ~ r ""; ^ '- \:...,.1...,--'\" , ,~ . 'r'
Fully completed and executed CERTIFICATE OF COMPLIANCE, indicating compliance
with the notice requirements listed as items 2-3 above.
Proof of filing the ASSESSMENT DIAGRAM with the County Recorder. This may con-
sist of a copy of the diagram with the Recorder's information contained thereon
or a Xerox copy of that port ion of the diagram containing the Recorder' ~
in:::or-!nst -I.D11.
Copy of the NO-rICE OF ASSESSMENT as recorded with the County Recorder showing
the actual Recorder'S stamp and information thereon.
Copy of the STATEMENT OF ASSESSMENT as mailed to the property owners in the
Assessment District.
Newspaper affidavit showing publiCation of the STATEMENT OF ASSESSI1ENT.
CERTIFICATE OF COMPLIANCE,
with notice requires listed
fully completed and
as items 5-8 above.
executed,
indicat Lng campI ia nee
7.8 -11-~
LAW OFFICES
BROWN, HARPER. BURNS Ii HENTSCHKE
Beverly Authelet, City
city of Chula Vista
February 1, 1991
Page Two
Clerk
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CERTIFICATE OF PAID AND UNPAID ASSESSMENTS.
.l(, 11.
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A fully executed ~orJ of the FINAL ENGINEER'S "REPORT", including the assessment
roll and diagram.
Please send the above items to my attention at your earliest convenience.
Very truly yours,
~o.u
F. MACKENZIE BROWN
FMB:bd
cc: Johh Lippitt, Public Works Director
Thomas O. Meade; Municipal Finance Administration
Jerome Fournier; Willdan Associates
').8-/15
CONSENT'AND WAIVER
AGENCY:
CITY OF CHULA VISTA
WHEREAS, the above Agency has Lni.ti.ated proceedi.ngs and scheduled a public heari.ng
under the provisions of the "Munici.pal Improvement Act of 1913", being Division 12
of the Streets and Highways Code of the State of CalifornLa, for the construction of
certain publLc Lmprovements to benefit properties within the boundaries of a special
assessment district, said assessment district known and designated as ASSESSMENT
DISTRICT NO, 90-3 (EASTLAKE GREENS, PHASE I), (hereLnafter referred to ae the
"Assessment District"; and,
WHEREAS, at tthis time certain changes and modifications are proposed to be made to
the Assessment of property owned by the undersigned property owner(s); and,
WHEREAS, the undersLgned property owner (s) acknowledges that pursuant to the provL-
sions of the "MunLci.pal Improvement Act of 1913", property owner would be entitled to
additional notice of the proposed Lncrease i.n the assessment against the property.
The undersigned, however:, acknowledges that he is aware of the proposed increase in
the asaessment agal.nst the property and waives any and all right which he may now
have to further notl.ce pertaining to the proposed increase in the assessment against
the property and any and all rLght whLch he may have to protest the modification to
the proposed improvements resulting in said increased assessment.
NOW, THEREFORE, it i.s hereby declared by the undersigned property owner(s) as
followe:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the undersigned property owner (s) hereby consents to the proposed
modificati.on and Lncrease to certai.n of the assessments as set forth in
Exhibit "A" attached hereto and made a part hereof,
SECTION 3. That the Lncreaae Ln certain assessment. i. necessitated by reason of
the fili.ng of fi.nal mape, which created a difference in the actual
number of parcel. included wLthin the boundarie. of the Assessment
District, as well aB the recalculation of incidental expenses for this
Assessment District.
SECTION 4. That property owner(s) hsreby acknowledges the above proposed changes and
modifications and requests the Agency to proceed at this time to order
said changes and modifications.
SECTION S.
The undersi.gned hereby certifi.es under penalty of perjury that he or she
i. the property owner(.) of record of the parcel and property wubject to
assessments which are to be increased as set forth in Exhibit "A"
attached hereto.
V/rk1 At" ~
PROPERTY OWNER
DATED.
EastLake Development Company
2,8-I":1h
EAST LAKE DEVELOPMENT CO~PANY
Owner of the followinq oarcels:
Unit 14 Assessment No, 4
Unit 22 Assessment No. 6
unit 24 Assessment No, 7
Unit 28 Assessment No, 8
Unit 29 Assessment No, 9
unit 39 Assessment No, 10 and No. 11
unit 2 Assessment No. 128 Through 168
2 '1- rf':f
CONSENT'AND WAIVER
AGENCY:
CITY or CHULA VISTA
WHEREAS, the above F\gency has enitiated proceedings and acheduled a public hearing
under the proveseons of the "Municipal Improvement Act of 1913", being Division 12
of the Streets and Highways Code of the State of California, for the construction of
certain public improvements to benefit properties within the boundaries of a special
assessment district, Baid assessment district known and designated as ASSESSMENT
DISTRICT NO, 90-3 (E!\STL!\KE GREENS, PHlISE I), (hereenafter referred to aa the
"Assessment District"; and,
WHEREAS, at tthis time certain changes and modifications are proposed to be made to
the assessment of property owned by the undersigned property owner(s); and,
WHERE!\S, the undersigned property owner (s) acknowledgea that pursuant to the prove-
sions of the "Municipal Improvement F\ct of 1913", property owner would be entitled to
additional notice of ths proposed encrease en the assesement against the property.
The undersigned, however, acknowledges that he is aware of the proposed increase in
the assessment against the property and waives any and all right which he may now
have to further notice pertaining to the proposed increase in the assessment against
the property and any and all right which he may have to protest the modification to
the proposed improvements resulting in said increased assessment.
NOW, THEREP'ORE, it i. hereby declarsd by the undersigned property owner(s) as
follow" :
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the undeneqned property owner (s) hereby con"ents to the proposed
modification and increase to certain of the assessments as set forth in
Exhibet "!\" attached hereto and made a part hereof.
SECTION 3. That the encrease in certain assesaments ia necessitated by reason of
the filing of final maps, which created a difference in the actual
number of parcels includ.ct within the boundariell of the Assessment
District, as well a.s the recalculation ot incidental expenses tor this
Assessment District.
SECTION 4. That property owner(s) hereby acknowledges the above proposed changes and
modi! icateons and requests the !\gency to proceed at this time to order
said changes and modifications.
SECTION 5.
The undersi.gned hereby certifee" under penalty of perjury that he or she
is the property Owner(8) of record of the parcel and property wUbject to
assessment9 which are to be increased as set forth in Exhibit "A"
attached hereto.
Vtri-v1 Ail Aif
PROPERTY OWNER
DATED:
EastLake Development Company
2~"~cg
EASTLAKE DEVELOPMENT COMPANY
Owner of the followino parcels:
Unit 14 Assessment No. 4
unit 22 Assessment No. 6
unit 24 Assessment No. 7
unit 28 Assessment No. 8
unit 29 Assessment No. 9
Unit 39 Assessment No. 10 and No, 11
Unit 2 Assessment No. 128 Through 168
WILLDAN ASSOCIATES D ENGINEERS &. PLANNERS
,_ r,.~ _..,:. "; ==:
'-'II :rH'" . '(~C," 1,'""-"-'1 if(: i /o...::~~::~,~~:;;r~5~i<1[':Jr'r:';~:r,(1 J~~-,i "-,, I :'t,'<<1 ~
Je.. c-
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: ',~ I.'i_ __, 0
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February 7, 1991
Ms. Donna Snider
CITY OF CHULA VISTA
Engineering Division
276 Fourth Avenue
Chula Vista, CA 92010
Re: Assessment District 90-3
\
"
)
Dear Donna:
As per your request, we enclose the packaged Statement of Assessment sent to the property
owners of Assessment District 90-3:. ,We mailed the Statement of Assessment to each
property owner on January 24, 1991.
Also enclosed please find the instruction sheet from Brown, Harper, Burns, & Hentschke
with tasks performed by Willdan initialed.
If you have any questions, please call.
Sincerely,
LLDAN ASSOCIATES
Jerome Fournier
,
7upervisor, Special Districts
,
/JF:js
IN:04000
enclosures
copy: F. MacKenzie Brown, with enclosures
JS5VEROME\04000DON.LTR\F~bruary 7, 19YI
6363 GREENWICH DRIVE' SUITE 250 . SAN DIEGO, CALIFORNIA 92122 . (619) 457-1199
'2 r.../?-'
INSTRUCTION SHEET
AGENCY: CITY OF CHULA VISTA
NAME OF PROJECT: ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I)
Immediately upon the confirmation of the Assessment, the following notice require-
ments are to be accomplished.
THE NOTICES FOR HAILING AND PUBLICATION FOLLOWING THE PUBLIC IlKARING CONTEMPLATE
THAT THE ASSESSMENT ROLL AND DIAGRAM WILL BE RECORDED IN THE OFFICE OF THE SUPERIN-
TENDENT OF STREETS ON THE 24TH DAY OF JANUARY, 1991. PLEASE ADVISE IF FOR ANY
REASON THIS CANNOT BE MET.
I. THE CITY CLERK SHALL PERFORM THE FOLLOWING NOTICE AND RECORDATION REQUIREMENTS:
A. ASSESSMENT ROLL AND DIAGRAM (RECORDATION)
1. Return the ASSESSMENT ROLL and DIAGRAM (Engineer's "Report") to the
Superintendent of Streets.
2. The ASSESSMENT ROLL and DIAGRAM (Engineer's "Report") shall be recorded
in the Office of the Street Superintendent on January 24, 1991. For
recordation, the original roll and diagram should be kept in a bound
hardcover volume, as the document is a permanent public record
following recordation.
3. File a copy of the ASSESSMENT DIAGRAM in the Office of the County
Recorder. A fee is applicable.
B. NOTICE OF ASSESSMENT (RECORDATION)
1. Immediately thereafter, execute and record the NOTICE OF ASSESSMENT in
the Office of the County Recorder. The assessment parcels in this
Notice will be described by referencing the document number, etc., of
the filed ASSESSMENT DIAGRAM. It will be necessary to fill in this
information after the filing of the Assessment Diagram. Again, a fee
is applicable.
2. Also attached to the NOTICE OF ASSESSMENT shall be a list, indicating
the names of all of the assessed owners in the boundaries of the
Assessment District. This r:equirement is pursuant to Section 27288.1
of the Government Code of the State of California. I would suggest
that only the names of the owners be included on this list, l.e., no
listing of addresses at this time.
C. STATEMENT OF ASSESSMENT (MAILING)
.
1. The Street superintendent shall then immediately ma~l the STATEMENT OF
ASSESSMENT to each person owning property within the Assessment
District. It will be necessary, again, to list the assessment number,
assessment amount and property description. The STATEMENT OF ASSESS-
MENT (MAILING) has provided for a credit and discount figure if the
assessments are paid within the cash collection period.
10:~y
,
2.~'/f()
D. STATEMENT OF ASSESSMENT (PUBLICATION)
1. The Street Superintendent aha~l C~U8e to be published the STATEMENT ~OF
ASSESSMENT immediately after confirmation and recordation of the assess-
ment in the same paper that the Notice of Improvement was published.
2. The publication shall be. pursuant to Section 6066 of the Government
Code of the State of California (two publications), said publication
being ~ a week for two successive weeks, with at least five days
intervening between the respective publication dates. All payments are
due and payable upon the recordation of the assessment and are to be
paid within thirty (30) days after they become due. If the last day
falls on a holiday, payments can be allowed on the next following work
day.
II. THE TREASURER SHALL ACCOMPLISH THE FOLLOWING:
A. IMPROVEMENT FUND
The Treasurer shall establish a special "Improvement Fund" designated by
the name of the Assessment District.
The Treasurer shall receive all monies during the cash collection period,
the last payment being thirty (30) days after the recordation of the assess-
ment. Following the 30 day payment period, the Treasurer shall prepare and
file the unpaid list. A form of paid and unpaid list will follow upon the
expiration of said cash collection period. All monies received from the
sale of bonds, will be deposited in the above-mentioned special fund to be
used for payment of the costa- and expenses of the Assessment District.
B. SPECIAL RESERVE FUND
The monies as set forth and included in the Engineer's Report as the
"Special Reserve Fund" shall at. this time be set aside in a separate fund,
and shall be used for advances to the Redemption Fund in cases of delinquen-
cies, or applied when a property owner makes a final discharge against his
assessment. The Servicing Manual will set forth all details relating to
the flow of funds.
C. AUDITOR'S REPORT
The appropriate person should now be appointed for preparation of the
Auditor' B Report, which is a listing of each individual property owner' 8
annual debt service responsibility for the next ensuing fiscal year. This
Report cannot be prepared until the end of the 3D-day cash collection
period, but I would appreciate being advised of the name of the person who
will have the responsibility for the preparation of the annual Auditor's
Report for the next ensuing fiscal year collection.
2.'1-1'8"1
D. PAID AND UNPAID LIST
The property owners, after the co~firmation of the assessment, have 30 days
during which time they can make payments against their assessments and thus
reduce the amount to go to bond. At .the expiration of the cash collection
period, the CERTIFICATE OF PAID AND UNPAID ASSESSMENTS should be completed,
with a copy being filed in the Office of the Treasurer, and a copy returned
to this office. I would recommend that the Treasurer be provided with a
list that would generally ehow the following: a) confirmed assessments; b)
cash payoff figure [confirmed assessment less credit amount]; c) place for
date and signature on payments.
E. IMPROVEMENT BONDS
The bonds for the project cannot be ordered until the expiration of the
apove referenced thirty (30) day cash collection period. Our office will
coordinate the sale of bonds with the Financial .Consultant at the
appropriate time. We would appreciate a certified copy of the Paid and
Unpaid List as soon as it is availaole.
* * * *
CONFORMED COPIES
Please have conformed copies of all ReSOlutions, Notices, Affidavits and Minutes of
meetings transmitted to this office so that our file can be complete and there will
not be any delay in the delivery of the bonds and issuance of bond opinion.
* * "" * *
'2 "-/8:)
~Jf?
:....~ ~
~~~
-:;...~~-
OlY OF
CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
TO: Property Owners
RE: Assessment District No. 90-3 (EastLake Greens)
Enclosed herein find your statement and final assessment amount, as confirmed,
for the above referenced Assessment District.
Please note that if you wish, you can totally discharge or make a partial payment
against your assessment for a period of thirty (30) days and thus avoid any interest,
redemption costs or financing charges.
If you do nothing, the unpaid balance will automatically go to bond and will be
collected on your tax bill.
If you have any questions, please feel free to call the undersigned.
Very truly yours,
~C-- b S\~~~V-
City of Chula Vista
'2. ~ -183
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691~5021
NOTICE OF RECORDATION OF . ASSESSMENT AND DIAGRAM
STATEMENT OF ASSESSMENT
NOTICE IS HEREBY GIVEN to all owners of real property liable to be assessed to pay
the costs and expenses of the acquisition and improvements described in Resolution
of Intention adopted by the CITY COUNCIL of the CITY OF CHULA VISTA, STATE OF
CALIFORNIA, on the 18th day of December, 1990, for the works of improvement in a
special assessment district known and designated as ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I) (hereinafter referred to as "Assessment District").
You are hereby notified that on the 24th day of January, 1991, the Assessment and
Diagram to pay the costs and expenses of said acquisition and improvements were
recorded in my Office.
Said assessments are now due and payable immediately at the Office of the Treasurer,
and must be paid within the period expiring on the 25th day of February, 1991. Said
assessments may be paid in whole or in part during said period.
OR
In the event of the failure to pay before the expiration of said period, bonds will
be issued pursuant to the "Improvement Bond Act of 1915", being Division 10 of the
Streets and Highways Code of the State of California.
NOTICE: After bonds have been issued, assessments may be paid and properties
cleared of the lien of the following sums: (a) any installment of
principal and interest which has been posted to the tax roll for the
current fiscal year; (b) the unpaid balance of principal plus the appli-
cable redemption premium; (c) the amount of any delinquencies, including
penalties, interest and costs; (d) the estimated cost of calling bond; and,
(e) interest to the date of call, unless included in (a) above.
IF IT DESIRED THAT YOUR ASSESSMENT BE COLLECTED AS PART OF THE ANNUAL COUNTY TAX
BILL, NO ACTION OR PAYMENT IS NECESSARY AT THIS TIME.
",,", !w,/7 cJr/
, 1991.
~(~.,
SU ERINTENDEN ~
CITY OF CHULA VISTA
STATE OF CALIFORNIA
PLEASE VERIFY THE FOLLOWING INFORMATION RELATING TO YOUR PARCEL OF PROPERTY BEFORE
MAKING PAYMENT:
1) ASSESSMENT NUMBER
2) PROPERTY DESCRIPTION
3) FINAL ASSESSMENT
4) 3D-DAY CASH PAYOFF FIGURE
NOTE THAT IF YOU PAY YOUR ASSESSMENT WITHIN THE 3D-DAY PERIOD, AS SET FORTH ABOVE,
YOU WILL BE ABLE TO DEDUCT THE FINANCING COSTS FROM YOUR PAYMENT.
~ 8-/-gL/
EASTLAKE GREENS ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT APN CONFIRMED PAYOFF
# ASSESSMENT AMOUNT
Parcel owner: Eastlake DeveIooment Company
4 595-320-05 622,075 547,426
6 595-321-10 914,248 804,538
7 595-320-06 255,224 224,597
8 595- 32D-1O 221,098 194,566
9 595-321-11 5,296,397 4,660,829
10 595-320-09 130,282 114,648
11 595-320-07
11 595-321-02
11 595-321-05 967,781 851,647
128 MAP 12725 LOT 1 6,890 6,063
129 MAP 12725 LOT 2 6,890 6,063
130 MAP 12725 LOT 3 6,890 6,063
131 MAP 12725 LOT 4 6,890 6,063
132 MAP 12725 LOT 5 6,890 6,063
133 MAP 12725 LOT 6 6,890 6,063
134 MAP 12725 LOT 7 6,890 6,063
135 MAP 12725 LOT 8 6,890 6,063
136 MAP 12725 LOT 9 6,890 6,063
137 MAP 12725 LOT 10 6,890 6,063
138 MAP 12725 LOT 11 6,890 6,063
139 MAP 12725 LOT 12 6,890 6,063
140 MAP 12725 LOT 13 6,890 6,063
141 MAP 12725 LOT 14 6,890 6,063
142 MAP 12725 LOT 15 6,890 6,063
143 MAP 12725 LOT 16 6,890 6,063
144 MAP 12725 LOT 17 6,890 6,063
145 MAP 12725 LOT 18 6,890 6,063
146 MAP 12725 LOT 19 6,890 6,063
147 MAP 12725 LOT 20 6,890 6,063
148 MAP 12725 LOT 21 6,890 6,063
149 MAP 12725 LOT 22 6,890 6,063
150 MAP 12725 LOT 23 6,890 6,063
151 MAP 12725 LOT 24 6,89D 6,063
152 MAP 12725 LOT 25 6,890 6,063
153 MAP 12725 LOT 26 6,890 6,D63
154 MAP 12725 LOT 27 6,890 6,063
155 MAP 12725 LOT 28 6,890 6,063
156 MAP 12725 LOT 29 6,890 6,063
157 MAP 12725 LOT 30 6,890 6,063
1-<6 -liS
EASTLAKE GREENS ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT APN CONFIRMED PAYOFF
# ASSESSMENT AMOUNT
158 MAP 12725 LOT 31 6,890 6,063
159 MAP 12725 LOT 32 6,890 6,063
160 MAP 12725 LOT 33 6,890 6,063
161 MAP 12725 LOT 34 6,890 6,063
162 MAP 12725 LOT 35 6,890 6,063
163 MAP 12725 LOT 36 6,89D 6,063
164 MAP 12725 LOT 37 6,890 6,063
165 MAP 12725 LOT 38 6,890 6,063
166 MAP 12725 LOT 39 6,890 6,063
167 MAP 12725 LOT 40 6,890 6,063
168 MAP 12725 LOT A 0 0
170 595-320-02 0 0
171 595-320--Q3 0 0
172 595-320-04 0 0
173 595-320-08 0 0
174 595-321--Q7 0 0
TOTALS 8,682,705 7,640,771
Z8-/f/.
. EASTLAKE GREENS ASSESSMENT DISTRICT 90--3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT APN CONFIRMED PAYOFF
# ASSESSMENT AMOUNT
Parcel Owner: Fieldstone Communities. Inc.
2 595-321-06 621,738 547,129
335 MAP 12744 LOT I 7,130 6,274
336 MAP 12744 LOT 2 7,130 6,274
337 MAP 12744 LOT 3 7,13D 6,274
.338 MAP 12744 LOT 4 7,130 6,274
339 MAP 12744 LOT 5 7,130 6,274
340 MAP 12744 LOT 6 7,130 6,274
341 MAP 12744 LOT 7 7,130 6,274
342 MAP 12744 LOT 8 7,130 6,274
343 MAP 12744 LOT 9 7,130 6,274
.344 MAP 12744 LOT 10 7,130 6,274
345 MAP 12744 LOT 11 7,130 6,274
346 MAP 12744 LOT 12 7,130 6,274
347 MAP 12744 LOT 13 7,130 6,274
348 MAP 12744 LOT 14 7,130 6,274
349 MAP 12744 LOT 15 7,130 6,274
350 MAP t2744 LOT 16 7,130 6,274
351 MAP 12744 LOT 17 7,130 6,274
352 MAP 12744 LOT 18 7,130 6,274
353 MAP 12744 LOT 19 7,130 6,274
354 MAP 12744 LOT 20 7,130 6,274
355 MAP 12744 LOT 21 7,130 6,274
356 MAP t2744 LOT 22 7,130 6,274
357 MAP t2744 LOT 23 7,130 6,274
358 MAP t2744 LOT 24 7,130 6,274
359 MAP t2744 LOT 25 7,130 6,274
360 MAP 12744 LOT 26 7,130 6,274
361 MAP 12744 LOT 27 7,130 6,274
362 MAP 12744 LOT 28 7,130 6,274
363 MAP 12744 LOT 29 7,130 6,274
364 MAP 12744 LOT 30 7,130 6,274
365 MAP 12744 LOT 31 7,130 6,274
366 MAP 12744 LOT 32 7,130 6,274
367 MAP 12744 LOT 33 7,130 6,274
368 MAP 12744 LOT 34 7,130 6,274
369 MAP 12744 LOT 35 7,130 6,274
370 MAP 12744 LOT 36 7,130 6,274
37t MAP 12744 LOT 37 7,130 6,274
372 MAP 12744 LOT 38 7,130 6,274
373 MAP 12744 LOT 39 7,130 6,274
2~-J~r
EASTLAKE GREENS ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT APN CONFIRMED PAYOFF
# ASSESSMENT AMOUNT
374 MAP 12744 LOT 40 7,130 6,274
375 MAP 12744 LOT 41 7,130 6,274
376 MAP 12744 LOT 42 7,130 6,274
377 MAP 12744 LOT 43 7,13D 6,274
378 MAP 12744 LOT 44 7,130 6,274
379 MAP 12744 LOT 45 7,130 6,274
380 MAP 12744 LOT 46 7,130 6,274
381 MAP 12744 LOT 47 7,130 6,274
382 MAP 12744 LOT 48 7,130 6,274
383 MAP 12744 LOT 49 7,130 6,274
384 MAP 12744 LOT 50 7,130 6,274
385 MAP 12744 LOT 51 7,130 6,274
386 MAP 12744 LOT 52 7,130 6,274
387 MAP 12744 LOT 53 7,130 6,274
388 MAP 12744 LOT 54 7,130 6,274
389 MAP 12744 LOT 55 7,130 6,274
390 MAP 12744 LOT 56 7,130 6,274
391 MAP 12744 LOT 57 7,130 6,274
392 MAP 12744 LOT 58 7,130 6,274
393 MAP 12744 LOT 59 7,130 6,274
394 MAP 12744 LOT 60 7,130 6,274
395 MAP 12744 LOT A 0 0
396 MAP 12744 LOT B 0 0
397 MAP 12744 LOT C 0 0
TOTALS 1,049,538 923,569
2 <t - /8 8
EASTLAKE GREENS ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT APN CONFIRMED PAYOFF
# ASSESSMENT AMOUNT
Parcel Owner: Davidson Coscan Partners
12 MAP 12703 LOT 1 7,130 6,274
13 MAP 12703 LOT 2 7,130 6,274
14 MAP 12703 LOT 3 7,130 6,274
15 MAP 12703 LOT 4 7,130 6,274
16 MAP 12703 LOT 5 7,130 6,274
17 MAP 12703 LOT 6 7,130 6,274
18 MAP 12703 LOT 7 7,130 6,274
19 MAP 12703 LOT 8 7,130 6,274
20 MAP 12703 LOT 9 7,130 6,274
21 MAP 12703 LOT 10 7,130 6,274
22 MAP 12703 LOT 11 7,130 6,274
23 MAP 12703 LOT 12 7,130 6,274
24 MAP 12703 LOT 13 7,130 6,274
25 MAP 12703 LOT 14 7,130 6,274
26 MAP 12703 LOT 15 7,130 6,274
27 MAP t2703 LOT 16 7,130 6,274
28 MAP 12703 LOT 17 7,130 6,274
29 MAP 127D3 LOT 18 7,13D 6,274
30 MAP 12703 LOT 19 7,130 6,274
31 MAP 12703 LOT 20 7,130 6,274
32 MAP 12703 LOT 21 7,130 6,274
33 MAP 127D3 LOT 22 7,130 6,274
34 MAP 12703 LOT 23 7,130 6,274
35 MAP 12703 LOT 24 7,130 6,274
36 MAP 12703 LOT 25 7,130 6,274
37 MAP 12703 LOT 26 7,130 6,274 .
38 MAP 12703 LOT 27 7,130 6,274
39 MAP 12703 LOT 28 7,130 6,274
40 MAP 12703 LOT 29 7,130 6,274
41 MAP 12703 LOT 3D 7,130 6,274
42 MAP 12703 LOT 31 7,t30 6,274
43 MAP 12703 LOT 32 7,130 6,274
44 MAP 12703 LOT 33 7,130 6,274
45 MAP 127D3 LOT 34 7,130 6,274
46 MAP 12703 LOT 35 7,130 6,274
47 MAP 12703 LOT 36 7,130 6,274
48 MAP 12703 LOT 37 7,130 6,274
49 MAP 12703 LOT 38 7,130 6,274
50 MAP 12703 LOT 39 7,130 6,274
51 MAP 12703 LOT 40 7,130 6,274
52 MAP 12703 LOT 41 7,130 6,274
;)g-J~9
EASTLAKE GREENS ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT APN CONFIRMED PAYOFF
# ASSESSMENT AMOUNT
53 MAP 12703 LOT 42 7,130 6,274
54 MAP 127D3 LOT 43 7,130 6,274
55 MAP 12703 LOT 44 7,t30 6,274
56 MAP 12703 LOT 45 7,130 6,274
57 MAP 12703 LOT 46 7,130 6,274
58 MAP 127D3 LOT 47 7,130 6,274
59 MAP 12703 LOT 48 7,I3D 6,274
60 MAP 12703 LOT 49 7,130 6,274
61 MAP 12703 LOT 50 7,130 6,274
62 MAP 12703 LOT 51 7,130 6,274
63 MAP 12703 LOT 52 7,130 6,274
64 MAP 12703 LOT 53 7,130 6,274
65 MAP 12703 LOT 54 7,130 6,274
66 MAP 12703 LOT 55 7,130 6,274
67 MAP 12703 LOT 56 7,130 6,274
68 MAP 12703 LOT 57 7,130 6,274
69 MAP 12703 LOT 58 7,130 6,274
70 MAP 12703 LOT 59 7,130 6,274
71 MAP 12703 LOT 60 7,130 6,274
72 MAP 12703 LOT 61 7,130 6,274
73 MAP 127D3 LOT 62 7,130 6,274
74 MAP 12703 LOT 63 7,130 6,274
75 MAP 12703 LOT 64 7,130 6,274
76 MAP 12703 LOT 65 7,130 6,274
77 MAP 12703 LOT 66 7,13D 6,274
78 MAP 12703 LOT 67 7,130 6,274
79 MAP 12703 LOT 68 7,13D 6,274
80 MAP 12703 LOT 69 7,130 6,274
81 MAP t2703 LOT 70 7,130 6,274
82 MAP 12703 LOT 71 7,130 6,274
83 MAP 12703 LOT 72 7,130 6,274
84 MAP 12703 LOT 73 7,I3D 6,274
85 MAP 12703 LOT 74 7,130 6,274
86 MAP 12703 LOT 75 7,t30 6,274
87 MAP 12703 LOT 76 7,13D 6,274
88 MAP 12703 LOT 77 7,13D 6,274
89 MAP 12703 LOT 78 7,130 6,274
90 MAP 12703 LOT 79 7,130 6,274
91 MAP 12703 LOT 80 7,130 6,274
92 MAP 12703 LOT 81 7,130 6,274
93 MAP 12703 LOT 82 7,130 6,274
94 MAP 12703 LOT 83 7,130 6,274
95 MAP 12703 LOT 84 7,130 6,274
';). g -ICfO
EASTLAKE GREENS ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT APN CONFIRMED PAYOFF
# ASSESSMENT AMOUNT
96 MAP 12703 LOT 85 7,130 6,274
97 MAP 12703 LOT 86 7,130 6,274
98 MAP 12703 LOT 87 7,13D 6,274
99 MAP 12703 LOT 88 7,130 6,274
100 MAP 12703 LOT 89 7,13D 6,274
101 MAP 12703 LOT 90 7,13D 6,274
102 MAP 12703 LOT 91 7,130 6,274
103 MAP 12703 LOT 92 7,130 6,274
104 MAP 12703 LOT 93 7,130 6,274
105 MAP 12703 LOT 94 7,130 6,274
106 MAP 12703 LOT 95 7,130 6,274
107 MAP 12703 LOT 96 7,130 6,274
108 MAP 12703 LOT 97 7,130 6,274
109 MAP 12703 LOT 98 7,130 6,274
110 MAP 12703 LOT 99 7,130 6,274
111 MAP 12703 LOT 100 7,130 6,274
112 MAP 12703 LOT 101 7,130 6,274
113 MAP 12703 LOT 102 7,130 6,274
114 MAP t2703 LOT 103 7,130 6,274
115 MAP 12703 LOT 104 7,13D 6,274
116 MAP 12703 LOT 105 7,130 6,274
117 MAP 12703 LOT A 0 0
118 MAP 12703 LOT B 0 0
119 MAP 12703 LOT C 0 0
TOTALS 748,650 658,770
:;2g-/9/
EASTLAKE GREENS ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT
#
APN
CONFIRMED
ASSESSMENT
PAYOFF
AMOUNT
Parcel Owner: Fairway Ridge Partners
175
TOTALS
595-320-12
846.87D
&46,870
745,246
745,246
;;g-/&};;).
EASTLAKE GREENS ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT APN CONFIRMED PAYOFF
# ASSESSMENT AMOUNT
Parcel Owner: Fairway Villas Partners
120 MAP 12728 LOT 1 49,316 43,398
121 MAP 12728 LOT 2 178,770 157,318
122 MAP 12728 LOT 3 228,086 200,716
123 MAP 12728 LOT 4 191,099 168,167
124 MAP 12728 LOT 5 129,454 113,920
125 MAP 12728 LOT 6 197,264 173,592
126 MAP 12728 LOT 7 0 0
127 MAP 12728 LOT A 0 0
TOTALS 973,989 857,111
~K-I'3
EASTLAKE GREENS ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
~f-I&f1
EASTLAKE GREENS ASSESSMENT DISTRICT 90--3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT APN CONFIRMED PAYOFF
# ASSESSMENT AMOUNT
Parcel Owner: Lane Kuhn Pacific Homes Ltd.
177 MAP 12742 LOT I 7,095 6,244
178 MAP 12742 LOT 2 7,095 6,244
179 MAP 12742 LOT 3 7,095 6,244
180 MAP 12742 LOT 4 7,095 6,244
181 MAP 12742 LOT 5 7,095 6,244
182 MAP 12742 LOT 6 7,095 6,244
183 MAP 12742 LOT 7 7,095 6,244
184 MAP 12742 LOT 8 7,095 6,244
185 MAP 12742 LOT 9 7,095 6,244
186 MAP 12742 LOT 10 7,095 6,244
187 MAP 12742 LOT II 7,095 6,244
188 MAP 12742 LOT 12 7,095 6,244
189 MAP 12742 LOT 13 7,095 6,244
190 MAP 12742 LOT 14 7,095 6,244
191 MAP 12742 LOT 15 7,095 6,244
192 MAP 12742 LOT 16 7,095 6,244
193 MAP 12742 LOT 17 7,095 6,244
194 MAP 12742 LOT 18 7,095 6,244
195 MAP 12742 LOT 19 7,095 6,244
196 MAP 12742 LOT 20 7,095 6,244
197 MAP 12742 LOT 21 7,095 6,244
198 MAP 12742 LOT 22 7,095 6,244
199 MAP t2742 LOT 23 7,095 6,244
200 MAP 12742 LOT 24 7,095 6,244
201 MAP 12742 LOT 25 7,095 6,244
202 MAP 12742 LOT 26 7,D95 6,244
203 MAP 12742 LOT 27 7,095 6,244
204 MAP 12742 LOT 28 7,095 6,244
205 MAP 12742 LOT 29 7,095 6,244
206 MAP 12742 LOT 30 7,095 6,244
2D7 MAP 12742 LOT 31 7,095 6,244
208 MAP 12742 LOT 32 7,095 6,244
209 MAP 12742 LOT 33 7,095 6,244
210 MAP 12742 LOT 34 7,095 6,244
2II MAP 12742 LOT 35 7,095 6,244
212 MAP 12742 LOT 36 7,095 6,244
213 MAP 12742 LOT 37 7,095 6,244
214 MAP 12742 LOT 38 7,095 6,244
215 MAP 12742 LOT 39 7,095 6,244
216 MAP 12742 LOT 40 7,095 6,244
217 MAP 12742 LOT 41 7,095 6,244
;; 8-/'15
EASTLAKE GREENS ASSESSMENf DISTRICT 90-3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT APN CONFIRMED PAYOFF
# ASSESSMENT AMOUNT
218 MAP 12742 LOT 42 7,095 6,244
219 MAP 12742 LOT 43 7,095 6,244
220 MAP 12742 LOT 44 7,095 6,244
221 MAP 12742 LOT 45 7,095 6,244
222 MAP 12742 LOT 46 7,095 6,244
223 MAP 12742 LOT 47 7,095 6,244
224 MAP 12742 LOT 48 7,095 6,244
225 MAP 12742 LOT 49 7,095 6,244
226 MAP 12742 LOT 50 7,095 6,244
227 MAP 12742 LOT 51 7,D95 6,244
228 MAP 12742 LOT 52 7,095 6,244
229 MAP 12742 LOT 53 7,095 6,244
230 MAP 12742 LOT 54 7,095 6,244
231 MAP 12742 LOT 55 7,095 6,244
232 MAP 12742 LOT 56 7,095 6,244
233 MAP 12742 LOT 57 7,095 6,244
234 MAP 12742 LOT 58 7,095 6,244
235 MAP 12742 LOT 59 7,095 6,244
236 MAP 12742 LOT 60 7,095 6,244
237 MAP 12742 LOT 61 7,095 6,244
238 MAP 12742 LOT 62 7,095 6,244
239 MAP 12742 LOT 63 7,095 6,244
240 MAP 12742 LOT 64 7,095 6,244
241 MAP 12742 LOT 65 7,095 6,244
242 MAP t2742 LOT 66 7,095 6,244
243 MAP 12742 LOT 67 7,095 6,244
244 MAP 12742 LOT 68 7,095 6,244
245 MAP 12742 LOT 69 7,095 6,244
246 MAP 12742 LOT 70 7,095 6,244
247 MAP 12742 LOT 71 7,095 6,244
248 MAP 12742 LOT 72 7,095 6,244
249 MAP 12742 LOT 73 7,095 6,244
250 MAP 12742 LOT 74 7,095 6,244
251 MAP 12742 LOT 75 7,095 6,244
252 MAP 12742 LOT 76 7,095 6,244
253 MAP 12742 LOT 77 7,095 6,244
254 MAP 12742 LOT 78 7,095 6,244
255 MAP 12742 LOT 79 7,095 6,244
256 MAP 12742 LOT 80 7,095 6,244
257 MAP 12742 LOT 81 7,095 6,244
258 MAP 12742 LOT 82 7,095 6,244
259 MAP 12742 LOT 83 7,095 6,244
260 MAP 12742 LOT 84 7,095 6,244
28-/7"
EASTLAKE GREENS ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT APN CONFIRMED PAYOFF
# ASSESSMENT AMOUNT
261 MAP 12742 LOT 85 7,095 6,244
262 MAP 12742 LOT 86 7,095 6,244
263 MAP 12742 LOT 87 7,095 6,244
264 MAP 12742 LOT 88 7,095 6,244
265 MAP 12742 LOT 89 7,095 6,244
266 MAP 12742 LOT 90 7,095 6,244
267 MAP 12742 LOT 91 7,095 6,244
268 MAP 12742 LOT 92 7,095 6,244
269 MAP 12742 LOT 93 7,095 6,244
270 MAP 12742 LOT 94 7,095 6,244
271 MAP 12742 LOT 95 7,095 6,244
272 MAP 12742 LOT 96 7,095 6,244
273 MAP 12742 LOT 97 7,095 6,244
274 MAP 12742 LOT 98 7,095 6,244
275 MAP 12742 LOT 99 7,095 6,244
276 MAP 12742 LOT 100 7,095 6,244
277 MAP 12742 LOT 101 7,095 6,244
278 MAP 12742 LOT 102 7,095 6,244
279 MAP 12742 LOT 103 7,095 6,244
280 MAP 12742 LOT 104 7,095 6,244
281 MAP 12742 LOT 105 7,095 6,244
282 MAP 12742 LOT 106 7,095 6,244
283 MAP 12742 LOT 107 7,095 6,244
284 MAP 12742 LOT 108 7,095 6,244
285 MAP 12742 LOT 109 7,095 6,244
286 MAP 12742 LOT 110 7,095 6,244
287 MAP 12742 LOT III 7,095 6,244
288 MAP t2742 LOT 112 7,095 6,244
289 MAP 12742 LOT 113 7,095 6,244
290 MAP 12742 LOT 114 7,095 6,244
291 MAP 12742 LOT 115 7,095 6,244
292 MAP 12742 LOT 116 7,095 6,244
293 MAP 12742 LOT 117 7,095 6,244
294 MAP 12742 LOT 118 7,095 6,244
295 MAP 12742 LOT 119 7,095 6,244
296 MAP 12742 LOT 120 7,095 6,244
297 MAP 12742 LOT 121 7,095 6,244
298 MAP 12742 LOT 122 7,095 6,244
299 MAP 12742 LOT 123 7,095 6,244
300 MAP 12742 LOT 124 7,095 6,244
30t MAP 12742 LOT 125 7,095 6,244
302 MAP 12742 LOT 126 7,095 6,244
303 MAP 12742 LOT 127 7,095 6,244
') ~ .. fir
EASTLAKE GREENS ASSESSMENT DISTRICT 90-3
CITY OF CHULA VISTA
Assessment Roll and Payoff Amounts
ASSESSMENT APN CONFIRMED PAYOFF
# ASSESSMENT AMOUNT
304 MAP 1274' 128 7,095 6,244
305 MAP 1274; r 129 7,095 6,244
3D6 MAP 12742 LOT 130 7,095 6,244
307 MAP 12742 LOT 131 7,095 6,244
308 MAP 12742 LOT 132 7,095 6,244
309 MAP 12742 LOT 133 7,095 6,244
310 MAP 12742 LOT 134 7,095 6,244
311 MAP 12742 LOT 135 7,095 6,244
312 MAP 12742 LOT 136 7,095 6,244
313 MAP 12742 LOT 137 '5 6,244
314 MAP 12742 LOT 138 i 6,244
315 MAP 12742 LOT 139 ,5 6,244
316 MAP 12742 LOT 140 7,095 6,244
317 MAP 12742 LOT 141 7,095 6,244
318 MAP 12742 LOT 142 7,095 6,244
319 MAP 12742 LOT A 0 0
320 MAP 12742 LOT B 0 0
321 MAP 12742 LOT C 0 0
322 MAP 12742 LOT X 0 0
323 MAP 12747 LOT 1 248,243 218,454
324 MAP 12747 LOT 2 335,858 295,555
325 MAP 12747 LOT 3 365,063 321,255
326 MAP 12747 LOT 4 335,858 295,555
327 MAP 12747 LOT 5 277,448 244,154
328 MAP 12747 LOT 6 0 0
329 MAP 12747 LOT A 0 0
330 MAP 12747 LOT B 0 0
331 MAP 12747 LOT C 0 0
332 MAP 12747 LOT D 0 0
333 MAP 12747 LOT E 0 0
334 MAP 12747 LOT F 0 0
TOTALS 2,569,960 2,261,621
.2 f - ,C;g
LAW OFFICES
BROWN, HARPER: BURNS B HEN~!VI=D
F. MACKENZIE BROWN-
ALAN R. BURNS
~OHN ROBERT HARPER-
DANIEL 5. HENT5CHKE
ROBERT E. HESSEL.I.
12770 HIGH BLUFF O~IVE, SUITE 240
SAN DIEGO, CALlFOR.NIA 92130~1
16191 ....50.1915
NEWPORT BEACH (714} 551.1915
JAM 28
P ~"P~t.:~GHES (21.31 5B7.1915
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FAX 25e-OZg~
OF COUNSEL
~OSEPH ~. HUGHES
MICHAEL B. MONTGOMERY.
CITY j- "",' , .,.,
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John Lippitt, Public
City of Chula Vista
P. O. Box 1087
Chula Vista, CA 92012
Works Director
RE: ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I)
Dear John:
Enclosed herein please find an additional copy of the INSTRUCTION SHEET indicat-
ing the notice requirements which must be inunediately met and accomplished following
the confirmation of the assessment in connection with this Assessment District.
Again be reminded that the lien is not accomplished until the NOTICE OF ASSESSMENT
has been recorded in the Office of the County Recorder.
I would appreciate receiving a return copy of this INSTRUCTION SHEET with initials
and dates showing compliance as soon as steps have been met and accomplished. Also,
as indicated, I would appreciate receiving a photocopy of the corner of the map
showing the filing in the Office of the County Recorder.
As to the mailers, I would reconunend that you consider mailing a notice to this
office at the same time you mail notices to the property owners 80 we will have
actual proof of mailing.
If you have any questions concerning the above, please do not hesitate to call.
Very truly yours,
F. MACKENZIE BROWN
FMB:bd
encl.
cc: Beverly Authelet, City Clerk
Thomas O. Meade; Municipal Finance Adm~nistration
Jerome Fournier; Willdan Associates
'J g -/9~
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INSTRUCTION SHEET
AGENCY' CITY OF CHULA VISTA
NAME OF PROJECT, ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I)
Immediately upon the confirmation of the Assessment, the following notice require-
ments are to be accomplished.
THE NOTICES FOR HAILING AND PUBLICATION FOLLOWING TIIK PUBLIC IlEARING CONTEMPLATE
THAT THE ASSESSMENT ROLL AND DIAGRAM WILL DE RECORDED IN THE OFFICE OF THE SUPERIN-
'fENDENT OF S1'REETS ON THE 24TH DAY OF JANUARY. 1991. PLEASE ADVISE IF FOR ANY
llEASON THIS CANNOT DE MET.
I. THE CITY CLERK SHALL PERFORM THE FOLLOWING NOTICE AND RECORDATION REQUIREMENTS'
A. ASSESSMENT ROLL AND DIAGRAM (RECORDATION)
1. Return the ASSESSMENT ROLL and DIAGRAM (Engineer's "Report") to the
Superintendent of Streets.
2. The ASSESSMENT ROLL and DIAGRAM (Engineer'S "Report") shall be recorded
in the Office of the Street Suplilrintendent on January 24, 1991. For
recordation, the original roll and diagram should be kept in a bound
hardcover volume, as the document is a permanent public record
following recordation.
3. File a copy of the ASSESSMENT DIAGRAM in the Office of the County
Recorder. A fee is applicable.
B. NOTICE OF ASSESSMENT (RECORDATION)
1. Immediately thereafter, execute and record the NOTICE OF ASSESSMENT in
the Office of the County Recorder. The assessment parcels in this
Notice will be described by referencing the document number, etc., of
the filed ASSESSMENT DIAGRAM. It will be necessary to fill in this
information after the filing of the Assessment Diagram. Again, a fee
is applicable.
2. Also attached to the NOTICE OF ASSESSMENT shall be a list, indicating
the names of all of the assessed owners in the boundaries of the
Assessment District. This r:equirement is pursuant to Section 27288.1
of the Government Code of the State of California. I would suggest
that only the names of the owners be included on this list, Le., no
listing of addresses at this time.
C. STATEMENT OF ASSESSMENT (MAILING)
1. The street Superintendent shall then immediately mail the STATEMENT OF
ASSESSMENT to each person owning property within the Assessment
District. It will be necessary, again, to list the assessment number,
assessment amount and property description. The STATEMENT OF ASSESS-
MENT (MAILING) has provided for a credit and discount figure if the
assessments are paid within the cash collection period.
~ f 'dOO
'-
D. STATEMENT OF ASSESSMENT (PUBLICATION)
,
1. The Street Superintendent sha,U c"use to be published the STATEMENT OF
ASSESSMENT imnlediately after confirmation and recordation of the assess-
ment in the same paper that the Notice of Improvement was published.
2. The publication shall be' pursuant to Section 6066 of the Government
COde of the State of California (two publications), said publication
being once a week for two successive weeks, with at least five days
intervening between the respective publication dates. All payments are
due and payable upon the recordation of the ausessment and are to be
paid within thirty (3D) days after they become due. If the last day
falls on a holiday, payments can be allowed on the next fOllowing work
day.
II. THE TREASURER SHALL ACCOMPLISH THE FOLLOWING:
A. IMPROVEMENT FUND
The Treasurer ahall establish a special "Improvement Fund" designated by
the name of the Assessment District.
The Treasurer Shall receive all monies during the cash collection period,
the last payment being thirty (30) days after the recordation of the assess-
ment. Following the 30 day payment periOd, the Treasurer shall prepare and
file the unpaid list. A form of paid and unpaid list will follow upon the
expiration of said cash collection period. All monies received from the
sale of bonds, will be deposited in the above-mentioned special fund to be
used for payment of the costs and expenses of the Assessment District.
B. SPECIAL RESERVE FUND
The monies as set forth and included in the Engineer'S Report as the
"Special Reserve Fund" shall at this time be set aside in a separate fund,
and shall be used for advances to the Redemption Fund in cases of delinquen-
cies, or applied when a property owner makes a final discharge against his
assessment. The Servicing Manual will set forth all details relating to
the flow of funds.
C. AUDITOR'S REPORT
The appropr iate person should now be appointed for preparation of the
Auditor's Report, which is a listing of each individual property owner's
annual debt service responsibility for the next ensuing fiscal year. This
Report cannot be prepared until the end of the 3D-day cash collection
periOd, but I would appreciate being advised of the name of the person who
will have the responsibility for the preparation of the annual Auditor' B
Report for the next ensuing fiscal year collection.
;;. g,. ;J{//
, ..
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D. PAID AND UNPAID LIST
The property owners, after tne co~firmation of the assessment, have 30 days
during which time they can make payments against their assessments and thus'
reduce the amount to go to bond. At the expiration of the cash collection
period, the CERTIFICATE OF PAID AND UNPAID ASSESSMENTS should be completed,
with a copy being filed in the Office of the Treasurer, and a copy returned
to this office. I would recommend that the Treasurer be provided with a
list that would generally show the following: a) confirmed assessments; b)
cash payoff figure (confirmed assesement leas credit amount); C) place for
date and signature on payments.
E. IMPROVEMENT BONOS
The bonds for the project cannot be ordered until the expiration of the
above referenced thirty (30) day cash collection period. Our off ice will
coordinate the sale of bonds with the Financial Consultant at the
appropriate time. We would appreciate a certified copy of the Paid and
Unpaid List as soon as it is available.
* * .. ..
CONFORMED COPIES
Please have conformed copies of all Resolutions, Notices, Affidavits and Minutes of
meetings transmitted to this office so that our file can be complete and there will
not be any delay in the delivery of the bonds and issuance of bond opinion.
* 'II' * * *
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HARP/OR: BURNS'&lHENTSCHKE ' -
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L.OS ANGE:I..ES 1~131 687-1&1150
F. MACKENZIE BROWN-
AI..A"" R. BURNS
~OHN ROBERT HARPER"
OANIEI. S. HENTSCH"'E
ROBERT E. HESSEl-I..
IZ,.70 HIGH Bl..U"'" O~IVE. SUITE 240
SAN DIEGO. CALIfORNIA\!AA13~EB
ICIIQI 4515-1915
OF COUNSEL
.JOSE:PH ..t. HUGHES
MICHAEl.. B. MONTGOMERY"
FAX 25g-0Z9z
.... "1I01'e:SaIONAI. COJl"OI'lAflON
February 1, 1991
Beverly Authelet, City Clerk
City of Chu1a Vista
P. O. Box 1087
Chula Vista, CA 92012
~~ \.-rt''' \ j/
RE: ASSESSMENT DISTRICT NO. 90-3
(EASTLAKE GREENS, PHASE I)
Dear Beverly:
At your earliest convenience, would you please send me the following items 80 that we
can be in a position to issue bonds when scheduled:
CONFORMED RESOLUTIONS passed in this Assessment District proceeding other than
those previously provided to this office a
Newspaper affidavit of publication of the NOTICE OF IMPROVEMENT. (' ',,~
PrOof of filing the BOUNDARY MAP with the County Recorder. This can consist of
a copy of the map showing the Recorder's stamp and pertinent information or a
Xerox copy of that part of the map showing the Recorder's information.
Fully completed and executed CERTIFICATE OF COMPLIANCE, indicating compliance
with the notice requirements listed as items 2-3 above.
Proof of filing the ASSESSMENT DIAGRAM with the County Recorder. This may con-
sist of a copy of the diagram with the Recorder's information contained thereon
or a Xerox copy of that port ion of the diagram containing the Recorder' a
information.
Copy of the NOTICE OF ASSESSMENT as recorded with the County Recorder show lng
the actual Recorder's stamp and information thereon.
Copy of the STATEMENT OF ASSESSMENT as mailed to the property owners in the
Assessment District.
Newspaper affidavit showing publication of the STATEMENT OF ASSESSHENT. ('CO" Ie-
CERTIFICATE OF COMPLIANCE,
with notice requires listed
fully completed and
as items 5-8 above.
executed,
indicating compliance
,
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WlllDAN ASSOCIATES
ENGINEERS. PLANNERS
transmittal
TO:
CITY OF CHULA VISTA
276 Fourth Avenue
ChuIa Vista, CA 92010
DATE
JOB NO.
January 28, 1991
04000 - 3512
ATTENTION: Donna Snider
We are forwarding
e By Mail
o By Messenger
Description
2 Signed copies: Certification of Assessment Engineer.
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Remarks
Please file these copies with the consent and waiver forms at the City Clerks office.
This Material Is sent for 0 Checking 0 Your Files 0 Approval 0 Informatlon
o other
o Please sign
Copies and return to our office.
COPIES TO:
VERY TRULY YOU~
WILLDAN ASSOCIATES
I
/ t:-E.N!G fOVf'-N!EC
Jerome Fournier
6363 GREENWICH DRIVE, SUITE 250 . SAN DIEGO, CA 92122 . (619) 457-1199
~i ....~a5
CERTIFICATION OF ASSESSMENT ENGINEER
The undersigned, as Assessment Engineer, does hereby CERTIFY that I have reviewed the
CONSENT AND WAIVER form, and that the persons signing the document are the owners of
all of the property subject to assessments which are to be increased as shown on the
records of the County Assessor or as shown by documentation, copies of which are
attached hereto.
EXECUTED thisdStfv day of J.-<1vl/7
, 1991, at San Diego, California.
WILLDAN,fSSOCIATry .
! ~ :/
;
By: /
/"'~'
ENGINEER
:2g-~O"
CERTIFICATION OF ASSESSMENT ENGINEER
The undersigned, as Assessment Engineer,.does hereby CERTIFY that I have reviewed the
CONSENT AND WAIVER form, and that the p~r8ons signing the document are the owners of
all of the property subject to assessments which are to be increased as shown on the
records of the County Assessor or as shown by documentation, copies of which are
attached hereto.
EXECUTED this ...J~ day of \. _k t/AAf
. 1991, at San Diego, California.
WILLDAN
/
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A ~ €"1 Jt --v
January 22, 1991
Mr. Jerry Rindone
Counc i Iman
RE: Information on site for Chula vista Auto Park
I have attached a map of the proposed site, marked in blue.
We have had four offers to purchase the entire site. The
blue portion is where the Auto Park would be. The back
portion, which is approximately 10 acres, would be given to
the City as a gift. It is primarily wetlands. The lowest
price of the offers was $7,ODD,OOO, with the Price Club.
The escrow was almost ready to close when Robert Price,
Mayor Cox, and Sid Morris Jr. met and somehow at the
conclusion of that meeting Robert Price walked away. We
then opened an escrow with Watt Industries for $7,000,DDD or
more, the City asked us not to proceed with the escrow,
because they wanted it for an Automob i I e Center. On
September 19, 1990 we opened an escrow with the City for
$5,350,DDD. The City has paid two deposits, totaling
$750,ODD, the balance is due in two installment. First one
due as a final agreement is reached between the City and the
Shinohara's. The final installment due when the Automobile
Dealers have reached a decision on the purchase of this
site. I would hope that the City would advance the funds to
pay the contractor at an agreed on time, such as every 3D
days until paid in full.
We were ready to close when the City Engineer estimated it
would cost $2,DOO,OOD to get the 20 acres net usable in a
graded compacted condition. For this they agreed to pay the
Seller an additional $435,6DD to get the dirt compacted to
90% and graded to a 1% slope. Cass Construction gave us an
offer of $616,500 to do the grading and compacting. We feel
and additional $330,470 would be sufficient to remove the
bui Idings and do what ever else needs to be done per the
specifications by your staff. Thus we are aSking
$6,000,000. This is $214,40D more than the Staff has agreed
to. When you look at the numbers it runs this way, there
is 871,200 square feet at $6.887 for a finished graded pad
for $6,OOO,DDO. If we use the Staff's figure of $5,785,600
which is $6.641 per square foot, which is a difference of
.246 cents a square foot. I bel ieve that .25 cents a
square floor is not enough difference to cause a big
disagreement.
Jerry, I hope this wi II help you in reaching a decision this
evening,
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COUNCIL AGENDA STATEMENT
Item
Meeting Date
;ltt
1/22/91
ITEM TITLE:
PUBLIC HEARING: The Community Development
Block Grant (CDBG) Program, including proposed
revisions to the 1990-91 Final Statement and an
application to the Department of Housing and Urban
Development for a Section 108 Loan Guarantee
SUBMITTED BY: Community Development
, ,J'
REVIEWED BY: CJ.ty Manager(!, (4/5ths Vote: YES--1L-NO_)
On December 18, 1990, the City awarded the contract for the
Norman Park Senior Center Renovation to Davidson Construction for
$2.3 million. At that time, the City directed staff to initiate
an application to H. U. D. for a Section 108 loan guarantee of
$750,000. The loan guarantee is needed to fund part of the cost
of the construction. Approval of the loan will take
approximately three months.
RESOLUTION/~~6Approving revisions to the 1990-
91 Community Development Block Grant Final
Statement and approving submittal of an
application to the Department of Housing and Urban
Development for a Section 108 Loan Guarantee
. { ':7 ,
DJ.rector -
RECOMMENDATION: That the City Council:
1. Conduct a public hearing on the Community Development Block
Grant program and accept the staff report on revisions to
the 1990-91 CDBG Final Statement.
2. Approve the revised 1990-91 CDBG Final Statement which
includes an application for the Section 108 loan guarantee
in the amount of $750,000 for the Norman Park Senior Center
Renovation and authorize the Mayor Pro Tempore to transmit
the revised Final Statement to H.U.D.
BOARDS/COMMISSIONS RECOMMENDATIONS: The Commission on Aging
recommended in favor of the application for a Section 108 Loan
Guarantee of $750,000 for the Norman Park Senior Center
Renovation. The Montgomery Planning Committee recommended that
the City apply for a loan with the repayment to be spread over
the maximum period possible so as to minimize the impact on the
CIP portion of the CDBG budget (see Attachment B).
;J. 9-'
Page 2, Item
Meeting Date
~q
1/22/91
DISCUSSION:
The City of Chula vista's application for the 1990-91 CDBG
program was submitted to the Department of Housing and Urban
Development (HUD) on May 25, 1990. The city revised the final
statement on July 24, 1990 to adjust the pUblic service
allocations, and in September to reallocate funds from Housing
Rehabilitation to the Park Development project in Montgomery. In
order to apply for the section 108 loan guarantee the City must
hold another pUblic hearing and revise the Final Statement again.
At the December 18, 1990 meeting, the Council directed staff to
initiate a section 108 loan guarantee application for $750,000
for the Norman Park Senior Center Renovation. Entitlement cities
can apply for Section 108 loan guarantees for any CDBG-eligible
activities. The City is in good standing with H.U.D., therefore
approval of the loan guarantee is a procedural matter.
The City of Chula vista has previously received two Section 108
loan guarantees, both of which were used to acquire property for
public housing. These loans were taken out in the early '80s and
were paid back over a short term.
APPLICATION PROCESS
Under the new federal law, Chula vista can apply for up to six
times our annual entitlement (of $1.161 million) and can pay it
back over a maximum twenty year period. However, H.U.D. has not
yet made the changes required under the new law and is
essentially still operating under the old law which limits
repayment to six years.
The City must pledge future CDBG funds as security for the loan.
The City is allowed to submit a repayment plan which best fits
the City's needs. Some options include making equal payments
each year, declining payments, or interest-only payments with a
"balloon" principal payment in the final year.
The interest rate on the section 108 loan is very favorable. The
City of Oceanside recently had a $2.45 million loan funded at 9%
interest. The City may draw-down the loan in increments as the
funds are needed; this is desirable as progress payments will be
made to the Norman Park contractor. If for any reason Congress
discontinues the CDBG program , the section 108 loan is forgiven.
The application for the section 108 loan guarantee assistance
requires the following:
a) Revision and submittal of the Final Statement of community
development objectives and projected use of funds for
FY1990-91 (see attachment A);
;l9-Z.
Page 3, Item
Meeting Date
:J.4
1/22/91
b) A description of how each of the activities to be carried
out with the guaranteed loan funds meets one of the national
objectives. (In the case of Norman Park, it is of primary
benefit to low and moderate income persons.)
c) A schedule for repayment of the loan which identifies the
sources of repayment;
d)
A certification providing
possesses legal authority
required under the security
assurance that the
to make the pledge
requirements section;
applicant
of grants
e) A certification providing assurance that the applicant has
made efforts to obtain financing for activities described in
the application without the use of the loan guarantee;
f) other certifications required of all CDBG activities.
REPAYMENT OF THE LOAN
The City receives approximately $1.2 million annually for the
CDBG program. Of this amount, about $800,000 is available for
capi tal improvement proj ects. The term of repayment of the
Section 108 loan will directly impact the amount of funds
available for other CDBG capital improvement projects.
Staff recommends that the City amortize the loan over 3 years.
At a 9% interest rate on a $750,000 loan, the impact on the CDBG
program would be as follows:
Years
3
Annual
PaYment
$296,300
Total
Interest
$139,000
% of CDBG
CIP budqet*
37
Remaining
CIP funds
$503,700
The primary reasons for choosing this repayment option are that
the impact on the CDBG CIP program is limited to about one-third
of the budget during each year of repayment and the full loan is
paid off in a relatively short period of time. This will allow
greater flexibility for future City Councils to utilize CDBG
funding to meet the City'S everchanging needs.
OTHER PRIORITY PROJECTS FOR CDBG FUNDING
The City has two other major CIP projects which require CDBG
funding during the next few years. They are:
Park and Library Proiect. Fourth and Oranqe- $2,378,000 in CDBG
funding is allocated to this proj ect to cover the costs of
acquisition and relocation. Library staff estimates they will
need $1,675,000 over the next three years from CDBG and/or
J9~~
Page 4, Item~
Meeting Date 1/22/91
General FUnd if the City is awarded the state Library Grant.
Park development on the remaining land will cost approximately
$100,000 per acre.
Neiqhborhood Revitalization Proqram/Otav Town - An initial CIP
has been proposed for 1991-91 to provide sidewalks, curb, gutter,
drainage, and street lights in the area around Montgomery School;
the cost is $345,000. Other CIPs for Otay Town will be
identified in a planning study now underway.
PLANNING AND ADMINSTRATIVE COSTS
Last fiscal year, insufficient funds were allocated for planning
and administrative costs; this impacted the General Fund as it
was temporarily used to cover the shortfall. In order to repay
the General Fund and to prevent a shortfall in the current year,
additional funds need to be budgeted for planning and
administration.
Staff recommends reallocating $50,000 of program income from the
housing rehabilitation revolving fund (which is no longer being
utilized for housing rehab) to the planning and administration
budget, which will then total $252,000. This amount is slightly
under the 20% planning and administrative cap imposed by H.U.D.
SOCIAL SERVICE ALLOCATIONS RESTORED TO ORIGINAL LEVEL
One other change has been made to the 1990-91 CDBG Final
Statement. H.U.D. has approved a request by the City to increase
the total amount available for social services so as to fully
fund the Shared Housing program. The City is now allowed to use
program income from the housing rehabilitation revolving fund
($163,000) to calculate our social services cap (15% of
entitlement plus program income). As a result the City is able
to restore all the social service agencies, including Shared
Housing, to their original allocation level.
FISCAL IMPACT:
The Fiscal Impact of the Section 108 loan guarantee depends on
the repayment plan approved by the Council. For example, the 3
year amortized loan will cost the City about $150,000 in
interest. Principal and interest will be paid back out of future
CDBG entitlements. If for any reason the CDBG program is
cancelled, the loan will be forgiven.
(Note: The Loan Origination Fee is about 1.5 points or $11,250.)
(FINREV.AGN)
c29-r
RESOLUTION NO. /(,0 ~O
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING REVISIONS TO THE 1990-91
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FINAL
STATEMENT; AND, APPROVING SUBMISSION OF AN
APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR A SECTION 108 LOAN GUARANTEE
The City Council of the City of Chula vista does hereby resolve
as follows:
WHEREAS, the city of Chula vista will receive a 1990-91
Community Development Block Grant entitlement of $1,161,000; and,
WHEREAS, the City has received program
Housing Rehabilitation activity which will not
housing rehabilitation during 1990-91; and,
income from CDBG
be needed to fund
WHEREAS, the City has received a waiver
income to be added to the entitlement for
calculating the social service cap; and,
to allow program
the purpose of
WHEREAS, the City has prepared revisions to the
Community Development Block Grant Final Statement; and,
1990-91
WHEREAS, the City has held a public hearing on
revisions to the 1990-91 Final Statement and
recommendations regarding said revisions.
proposed
received
NOW,
City of
Community
THEREFORE BE IT RESOLVED, that the City Council of the
Chula vista approves the revisions to the 1990-91
Development Block Grant Final Statement.
BE IT FURTHER RESOLVED, that the City Council authorizes an
application to the Department of Housing and Urban Development
for a section 108 loan guarantee in the amount of $750,000 for
the Norman Park Senior Center Renovation project;
BE IT FURTHER RESOLVED, that the City Council of the city
of Chula vista authorizes the transfer of $50,000 from the
Housing Rehabilitation revolving fund account to the Planning and
Administration budget.
BE IT FURTHER RESOLVED, that the Mayor Pro Tempore is
authorized to transmit said Final Statement and section 108 loan
application to the U.S. Department of Housing and Urban
Development (HUD).
f;lf-& I~'-/.
Bruce M. Boog
City Attorney
Presented by
(L~~
Chris Salomone
Community Development Director
ATTACHMENT A
CITY OF CHULA VISTA
COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT PROGRAM
1990-91 FINAL STATEMENT
The original 1990-91 Community Development Block Grant
(CDBG) budget was approved by the City Council of Chula
vista on May 22, 1990; the first revised budget was approved
on July 24, 1990; and, the final revised budget was approved
on January 22, 1991 (see attached).
Opportunities for citizen participation and testimony were
provided at public hearings on April 18, May 1, and July 24,
1990, and January 22, 1991. Public comments were taken into
consideration by the City and incorporated into the CDBG
Final Statement. The 1990-91 CDBG Budget is the result of
consideration of all pertinent information, input from
citizen participation, and application of established
evaluation processes.
PUBLIC SERVICES PROJECTS
Twenty-two requests for public services funding were
received and reviewed by several citizen advisory bodies,
including the Commission on Aging, the Human Relations
Commission, and the Youth Commission. The social service
recommendations were especially difficult to make due to the
high quality of the proposals submitted and the serious
unmet needs existing in the community.
The city Council approved
totaling $192,740. The City
FY90-91 which allowed it to
funding cap based on 15% of
income.
fifteen projects for funding,
received a waiver from HUD for
calculate the public service
the entitlement plus program
CAPITAL IMPROVEMENT PROJECTS
The total 1990-91 CDBG budget for CIP projects is
$2,322,038. This includes revenues from the 1990-91
entitlement, program income, reallocated funds, and a
Section 108 loan guarantee. The Orange and Fourth Park
Development and Norman Park Senior Center Renovation
projects remain the two highest priority capital improvement
projects. These two projects will receive $1.479 million
in new funds and $771,000 in reallocated funds.
All of the CIP projects will benefit low and moderate income
households and are located in CDBG-el igible census tracts;
the one exception is Woodlawn Park Community Center-Phase
II, which is a low-income neighborhood located in an
ineligible census tract. City staff conducted a door-to-
door survey in Woodlawn Park to certify that it is an
eligible neighborhood (see attached letter).
;19-7
Oranqe and Fourth (Hermosa) Park Development
The first part of the project involves acquisition of 6
acres in South Chula vista and relocation of property
owners and tenants. The second phase will involve
construction of a new park, which may include a
community center, library, picnic facilities, parking,
landscaping, tot lot, lighting, and open green areas.
Norman Park Senior Center Renovation
The Norman Park Center will be renovated and expanded
into a 2-story building of 15,300 sq. ft. The project
will include increased space for activities, classes,
and offices for social services serving seniors. The
City is applying for a Section 108 loan guarantee in
the amount of $750,000 for this project in order to
begin and complete construction in a timely manner.
Neiqhborhood Revitalization Proqram- Desiqn
The initial funding is for design of street, drainage,
and lighting improvements in the neighborhood around
Montgomery Elementary School, which is in the otay Town
community.
Community Mural Proqram
The Communi ty Mural Program will help eradicate
graffiti, involve local youth in mural production, and
enhance the aesthetic quality of life in the community.
The goal is to create two large murals on graffiti-
covered walls. A muralist will be hired to design the
mural and supervise the youth. The location of the
murals is not finalized but they will be painted in
CDBG-eligible neighborhoods.
Woodlawn Community Center- Tot Lot
The scope of work for the Woodlawn Park Community
Center-Phase II includes installing play equipment for
a tot lot.
INTERIM ACTIVITIES
Montqomery Community Clean-up Events
This project will benefit low- and moderate income
households and will assist in revitalizing this
blighted area. Funding is to continue community clean-
up efforts in the Montgomery Area. In addition to the
ongoing Otay Town clean-up campaign, clean-up events
are planned for Woodlawn Park and one other Montgomery
;If-K
community. Funds will be used to purchase dump passes
for the clean-up campaign.
PLANNING AND ADMINISTRATION
CDBG Proqram Administration
Funding is to cover staff and overhead expenses for
program planning, monitoring and reporting, and staff
support to several citizen advisory committees
including the Human Services Council, Otay Town
Commi ttee, Commission on Aging, Human Relations
Commission, and Youth Commission.
Neiqhborhood Revitalization Proqram-
preliminarv Planninq Studv
This planning study is to survey public improvements
needed in the otay Town area, recommend a comprehensive
program of drainage and street improvement projects,
and estimate the cost of these improvements.
Nelson-Sloan preliminarv Planninq Studv
The planning study is to evaluate the feasibility of a
major commercial center in South Chula vista which will
potentially create jobs for low and moderate-income
persons.
Fair Housinq Assistance
The City will provide funding for a Fair Housing
officer to handle complaints regarding discrimination
in the sale or rental and to a non-profit organization
to do tenant-landlord counseling and mediation.
Funding is also included to undertake a fair housing
assessment study.
CANCELLED CDBG PROJECTS
Tobias Drainaqe proi ect was previously allocated
$143,300 in CDBG funding but was subsequently found to
be in an ineligible area. The CDBG funds will be
transferred to the Orange and Fourth (Hermosa) Park
Development Project.
Fifth Ave Street Improvements were previously funded
with Urban County CDBG funds, the remainder of which
the City is requesting to be transferred to the Orange
and Fourth Park Development Project. The project
design and construction will be continued with Transnet
revenues
;1-'1
Oxford Drainaae Improvements. Second to Del Mar was
previously funded with City CDBG funds, the remainder
of which will be transferred to the Norman Park Senior
center Renovation Project. The project design and
construction will be continued with Gas Tax funds.
REALLOCATION OF URBAN COUNTY CDBG FUNDS
The City has over $300,000 of unspent CDBG funding from
Urban County projects. The city will request the County
Board of Supervisors to transfer all remaining Urban County
CDBG funds to the Orange and Fourth Park Development Project
(except for Shy Lane Street Improvements and the Otay
Community Center parking lot).
HOUSING REHABILITATION AND ECONOMIC DEVELOPMENT FUNDS
The City has decided to discontinue funding housing
rehabilitation out of the CDBG revolving fund and will be
using Redevelopment revenues instead. The City has
reallocated $235,000 of CDBG housing rehab funds to the
Orange and Fourth Park Development Project. Program income
from loan repayments during 1990-91 will total about
$125,000. These funds should be reallocated during the next
budget cycle.
The City is no longer making loans or receiving program
1ncome from the the Economic Development Fund. The
remaining balance has been reallocated to the Nelson-Sloane
Preliminary Planning Study and the Norman Park Senior Center
Renovation.
(CDBG.APP)
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ATTACHMENT B
MINUTES OF THE MONTGOMERY PLANNING COMMITTEE
Chula Vista, California
7:01 p.m.
Wednesday, January 2, 1991
Lauderbach Community Center
333 Oxford Street, Chula Vista
ROLL CALL
MEMBERS PRESENT:
Chairman Wheeland, Committee Members Berlanga,
Creveling, McFarlin, Castro
EXCUSED ABSENCE:
Committee Members Palmer and Roberts
UNEXCUSED ABSENCE: None.
STAFF PRESENT:
Frank J, Herrera-A, Associate Planner; Luis
Hernandez, Assistant Planner; David Harris,
Community Development Specialist; Rosemary Lane,
Library Director
1.
Oral Communications
None
2,
Old Business
None
3.
A,
Review of Conceotual Plans for the Librarv to be Built at Fourth Avenue
and Oranae Street under the Guidelines of State Grant
Rosemary Lane, Library Director noted that the packet the Committee members
received was quite detailed in its presentation of how far along this was in the
process, That the state has $75 million in funds and that we are going to the
next phase, which is the application, Chula Vista is ranked 15 out of 104 other
cities in the state seeking funds, which is a very good ranking, and there is only
one building in Southern California (in Los Angeles) ranked higher than Chula
Vista's, so we are ranked second in Southern California, It is our belief that we
have a very good chance, at this point. based on the application that is in your
packet--that is all that has been done to date, If the state funded the 14
applications ahead of Chula Vista, there would still be enough funds left to fund
Chula Vista's library building, We will be making another submittal in February
and a final rendering will be given in April 1991, Given this, we do not think
we will be able to go out with an Request for Proposal for architectural
drawings until June or July 1991,
Richard Blackman, of the architectural firm of Wheeler-Wimer-Blackman, gave
a brief history of his firm's history, This project would be the 13 library project
for his firm, The firm was the architect for the Chula Vista Main Library, The
proposed library at Fourth Avenue and Orange Street is planned to be a 35,000
square foot building, containing a literacy center, adult and children's libraries,
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special space for young adults, study rooms, conference rooms, and a
technology resource center. The style we chose to create for this building is
a bi-national librarYna massive building, broken up into smaller elements
through use of color. One of the special features is a permanent art gallery.
It was asked if the colors shown on the rendering were the colors. Mr.
Blackman stated no, that the colors on the rendering were used to better
illustrate the concept of breaking the massiveness of the building into smaller
components,
One committee member took issue with the young adult center as explained,
they had a problem with a laser, disco-type facility. Mr. Blackman responded
that they are trying to create a space that would attract young people to the
library facility, that this is not the final, selected idea, but just a suggestion.
The committee wished to know when would be the best and appropriate time
to bring in the community to get their input. Rosemary Lane interjected that
first, Chula Vista had to go through the next stage, the grant process, before
anything was certain. When assured of funding, then the drawings would be
prepared and community input would be sought, The community will be given
many, many opportunities to give input.
Mr. Blackman stated that the state wants showcase type library buildings--
something they can be proud of, show off as to what can be done, The
building must be a showpiece. The grant is not based on need or economy,
It is based on having a library that will be an example for rest of state to build.
We believe the bi-nationallibrary concept as shown in the rendering is such a
building.
Mr, Blackman reiterated that in order not to lose ground, the library building
must be a real showpiece, Mr. Blackman explained that his firm has taken
direction from the Library Board and library staff. There has not been time to
have a great deal of input from others, e,g., community input. The work that
has been completed to-date had to be completed in order to meet the grant
deadline. Also, February 15 is the drop dead date for the application--that
means we have to have the whole thing basically designed and we have to get
the City Council to approve this to give their intent to go for the grant.
A number of committee members had specific concerns that dealt with such
topics as: a flat roof, graffiti, community input. youth music center,
community center, nearness of the SDG&E power lines, landscaping, drought
tolerant plants, musical amphitheater, parking, aesthetically pleasing building
colors, and the like. These items were discussed in a preliminary manner, with
the understanding that during the architectural drawing process these questions
would be looked at specifically and that the Committee would have input and
have their questions answered in greater detail.
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One of the committee members asked that once the grant was approved, was
Chula Vista locked into this design. Mr, Blackman noted that there are many
changes that are made throughout the process, that there is a lot of flexibility,
that they will work with every department in the City, seek community input
and will bring this back to this Commission throughout the process.
Mr, Jack Nakawatase, of Ona Associates, presented the landscape proposal for
the library. Pointing to the renderings, he explained the concept of the layout
of the various plantings, trees, paving which conforms to the outline of the
building, and the use of green space. He mentioned that their would be access
for the physically impaired, He pointed out that the plants would be drought
tolerant, there would be xereiscaping, the use of evergreens to frame the site,
the use of green space was minimal, but was such that it tied the whole
concept to the library building.
MOTION
Accept negative declaration as presented.
[Castro/Creveling] 5-0-2, approved,
MOTION
Committee recommends accepting conceptual presentation,
[McFarlin/Castro] 5-0-2, approved.
3,
B.
Communitv Develooment-Block Grant Proaram
David Harris, Community Development Specialist, noted that when he made a
presentation before this Committee last March or April (1990), it was requested
that he return from time to time and given an update on status of the
programs, I am here to do that and will be bring to your attention that there
is a consideration for a loan application to the federal government to fund a
project that is not in Montgomery, but that will affect Montgomery projects,
The projects, briefly:
· Fourth Avenue and Orange Street--Community Development is
working on acquiring the properties and we have a purchase
agreement with the property owner on the Fourth Avenue side
and escrow will be opening very shortly and close quickly. We
are negotiating with the church for purchase of their property,
The church is willing to move, but wants to be relocated to a
comparable facility. At present they have about two acres, If any
committee member has an idea of a suitable location, Community
Development would like your suggestions. There is a third parcel,
which is not too expensive, being negotiated at this time. We
need to have this completed by February 1 so the Library can go
forward with grant application.
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· Shy Lanencomplete, except for punch list items. These items are
being worked on. Project totaled about $300,000.
· Fifth Avenue--"L" Street to Naples Avenue--has been awarded to
Southland Paving. Relocation of utilities complete by mid-March.
Street improvements will then start.
· Fifth Avenue (second part of project)--Naples Avenue to Orange
Street--hopefully going out to bid in March 1991.
· Drainage projects--under design and are expected to be bid in the
Spring.
. C.I.P. project on Fourth Avenue and Moss for sidewalks.
· Normal Park Senior Center--some projects have been deferred
because the Norman Park Senior Center has close to $1,000,000
of CDBG funding. Bids came in at $2.3 million to $2.5 million.
Parks and Recreation only had about $1 million to fund the
project.
In this regard Community Development is considering a federal Section 108
loan--borrowing $750,000 @ 9% interest for 3 years, loan fees of $11,250.
Use CDBG allocation up-front for repayment of loan. City Council has indicated
that they would like to apply for this loan but wants input from Montgomery
Planning Committee. It takes about three months to get approval and up to 12
months to fund. There is an interim loan available at 8%-9%. If federal
government decides to not fund the CDBG, then the loan is forgiven. It was
explained that the percentage of the CDBG fund used to repay the loan would
reduce the amount of money available for other City projects.
The committee members thought that the percentage of total funds available
for all City projects would then be very low.
Mr. Harris explained that Community Development could go for a longer-term
loan and for a larger amount. However, the length of the loan is dependent
upon the size of the loan. He noted, also, that Community Development could
make one request for multiple projects. He informed the Committee that
hearings for input will be held in March or April. Mr. Harris noted that
Community Development can apply for six times our annual entitlement with
the new legislation. CDBG funds could be looked at for the Woodlawn Park
improvements, but no CDBG funds are being used for individual dwelling unitsn
Redevelopment Agency has money to do this kind of thingnbut there are a
combination of projects that can be put together. Mr. Harris also discussed the
MADD Project Family Shelter--a facility in the South Bay for transitionally
homeless families. Looking for site and they will need funding from City. This
would be for acquisition of property and renovation of property. It will house
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about 12 to 15 families for upwards to one year. It would need to be near
transportation.
One committee member thought it might be a good idea to put a loan package
together that could go for a 20 year payback.
MOTION
Montgomery Committee encourages seeking a 20-year payback for the federal
Section 108 loan and having Community Development try to package it with
other projects.
[Creveling/Wheeland] 5-0-2, approved.
4.
Other Business
None
5.
Chair's Report -
None
6. Committee Comments - None
ADJOURNMENT AT 9:05 P.M. to the Workshop on Wednesday, January 16, 1991
at 6:30 p.m. in the Civic Center.
'-1iuL 4. ~
Berlin D. Bosworth, Recording Secretary
ICIMONT-MTG WPI
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~~~~
OlY OF
CHULA VISTA
PARKS AND RECREATION DEPARTMENT
January 17, 1991
The Honorable Mayor and City Council
276 Fourth Avenue
Chula Vista, CA 91910
RE: Fourth and Orange Avenue Park site
Dear Honorable Mayor and City Council:
The Parks and Recreation Commission members wish to express our
concerns regarding the development of the Fourth and Orange Avenue
site. As Council may recall, the Commission originally supported
a concept plan showing a passive park, small amphitheater,
community center/gymnasium, library and 50 meter pool (if it could
be accommodated) at this site. However, it is our understanding
that the Council did not adopt the master plan, but instead, chose
to defer action on the park pending the outcome of a state Library
Grant application for a library at this site.
Our commission wholly supports the submittal of the grant
application and approved the proposed library site plan at a
special joint meeting with the Library Board of Trustees on January
9, 1991. We understood that, for the purposes of the grant
application, no parkland could be shown, and only those parcels for
which the City had ownership or had plans to acquire ownership in
the near future could be included. Therefore, the library plan
that we approved did not show any park or recreation facilities,
nor did it include the parcel owned by San Diego Gas and Electric
(SDG&E), since the City and SDG&E have not reached an agreement
regarding development of this parcel.
The Commission would like to formally convey to the City Council
three concerns and recommendations regarding this site.
First, regardless of the outcome of the library grant application,
the Commission would like to make clear that the development of a
park remains critical. It appears that development of a park has
taken a back seat to the development of a library. Our Commission
members are very concerned that construction of a park continue to
be pursued equally with the construction of a library. As you are
well aware, the Montgomery area is extremely lacking in park space.
We want to make sure that the Fourth and Orange Avenue site does
35-1
276 FOURTH AVENUE/CHULA VISTA, CALIFORNIA 92010/(619) 691-5071
not become a library exclusively, as this would not address the
area's park needs.
Second, we consider development of a community center/gymnasium to
be of utmost importance at this site. The entire City has only
one gymnasium to serve a growing population of 130,000 residents.
We realize that plans are underway to build gymnasiums and
community centers in the growing area east of I-805. We also know
that a community youth center will be under construction shortly
at Chula vista High School. However, the facilities to the east
will not serve the Montgomery area. The youth center will provide
limited access, since it will be used considerably by the school
district and will serve only the youth in the community and not
adul ts. We realize that funding of such a maj or recreation
facility at Fourth and Orange Avenue will be an issue and we would
support pursuing a bond issue to fund its construction.
Third, we ask that the City aggressively negotiate with SDG&E to
secure the use of their parcel. This parcel could provide space
for parking for the library and future community center/gym and
passive park area. with the inclusion of this area, the library
site plan could be redesigned to take this parcel into account to
provide greater space for a community center/gym and park area in
the future. The library's architect has stated that a redesign
could easily be achieved for a compatible use.
Thank you for your consideration of these issues. We are confident
we can continue to work with the Library Board of Trustees and
Montgomery Planning Committee to help plan for a noteworthy
community complex at Fourth and Orange Avenue, that will be the
pride of the Montgomery area and the entire city.
Sincerely, rv-J~!
j,,' -
O~~J~io / t~/
PARKS AND RECREATION COMMISSION pf
Carmen Sandoval-Fernandez, Chair
cc: John D. Goss, City Manager
Jess Valenzuela, Director of Parks and Recreation
JS" 'L
CITY OF CHULA VISTA
ATTACHMENT E
MINUTES OF A SPECIAL JOINT MEETING
of the
LIBRARY BOARD OF TRUSTEES AND PARKS AND RECREATION COMMISSION
JANUARY 9, 1991
LIBRARY CONFERENCE ROOM
4:00 PM
LIBRARY BOARD MEMBERS PRESENT:
Chair Miller, Vice Chair
Williams, Trustee Donovan
LIBRARY BOARD MEMBERS ABSENT:
Trustees Viesca (excused)
Trustee Alexander (ill)
PARKS AND RECREATION COMMISSION
MEMBERS PRESENT:
vice Chairman Hall,
Commissioners Lind and Willett
PARKS AND RECREATION COMMISSION
MEMBERS ABSENT:
Chair Sandoval-Fernandez,
Commissioner Roland
CITY STAFF PRESENT:
Library Director Lane, Assistant Director
Palmer, Deputy City Manager Thomson, Jess
Valenzuela, Director of Parks and
Recreation, Shauna Stokes, Senior
Management Assistant
Library Board Chairman, Suzanne Miller, informed all present that
this meeting was being held to consider the conceptual plans for
a 35,000 square foot Library at Orange and Fourth Avenues as
presented by architectural firm, Wheeler, Wimer, Blackman and
Associates.
Library Director, Rosemary Lane, detailed the changes' made in the
archi tect' s drawings since the last time the Library Board and
Parks and Recreation Commission had viewed them. These changes
included recommendations from the Library Board, the Parks and
Recreation Commission and the Montgomery Planning Committee as well
as input from City staff. The drawings were prepared to apply for
grant funds to build a library and do not show a proposed community
center, gymnasium, amphitheater and park land to be added at a
later date. The Montgomery Planning Committee unanimously voted
to support this project.
She also reported that since meeting in December, the State
Librarian wrote the letter enclosed in the packets, that shows
Chula Vista is "very competitive" ranking 15th out of 104 pre-
applications. The Library Director attended a Proposition 85
Workshop on January 7th in Sacramento where Chula Vista's "Changing
Concepts in Library Services" and its "Needs Assessment" sections
JS"~
JOINT MEETING
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JANUARY 9, 1991
of the Pre-application were used as good examples for other
libraries.
commissioner willet asked what other options were planned if grant
funds do not materialize. Director Lane responded that if Chula
Vista does not receive these grant funds, the Chula vista 21
committee may recommend a bond election to build a library plus
recreational facilities on this site.
commissioner willet asked if the City was still negotiating with
SDG&E to use the land beneath the power lines and how this land
was going to be used; i.e., passive park, parking or jogging and
horse trails.
Deputy city Manager Thomson responded that the City Manager's
office is negotiating with SDG&E to use this land. If the grant
application is funded and the agreement with SDG&E approved, the
parking lot would be reconfigured to make maximum use of the site.
Mr. willet's concerns were twofold: 1) the cost of paving and
landscaping that would be demolished when a future community center
and 2) the possibility of leakage and leaf accumulation on the
library's flat roof. He cited problems with the Chamber of
Commerce building. He believed that buildings should be designed
with future maintenance costs in mind.
Deputy City Manager Thomson reported that this project was slated
to go before the Design Review Committee on January 10, 1991 at
which time the plans would be reviewed from an architectural point
of view.
In answer to Mr. willet's concerns, Richard Blackman responded that
the building will be surrounded with heavy cobblestones and prickly
bushes to deter graffiti and to prevent people from climbing onto
the roof. Any trees near the building will be tall and slender in
nature and will not drop leaves on the roof. There is a flat
roofing product the firm has used successfully at Sharp-Cabrillo
Hospital for the past ten years with no maintenance or leakage
problems. Also, since there will be no equipment on the roof that
demands servicing, there is no need for anyone to walk on the roof.
W~lking causes most flat roof damage.
Commissioner Hall asked if
architecturally compatible
library.
it would be difficult to design an
Community Center adjacent to the
Richard Blackman replied that the proposed library building has
been designed for possible linkage with another building. An area
at one corner of the building would serve as a transition point
JS-y
JOINT MEETING
- 3 -
JANUARY 9, 1991
when joined to another building. A footprint of this community
center on the site was shown at the December Parks and Recreation
commission meeting.
Mr. willet asked if the entrances into the parking area could be
indented to allow for a shallower turn into the parking lot or a
turning pocket added to allow busses and cars to enter and leave
the lot safely. Mr. Blackman replied that the drawing was prepared
with preliminary information from the City I S Engineering Department
on ingress and egress to the lot. If the project is funded, the
Engineering Department will prepare a more in-depth study of
traffic in the area and alter the design to accommodate these
considerations.
(Vice Chairman Ron Williams arrived at 4:53 pm.)
Commissioner Hall asked that the record show he is concerned that
the Parks and Recreation element at this site may be abandoned
because of restrictions that mayor may not be imposed based upon
the library grant. He is concerned because, no matter what the
library needs for this area are, there is also an equal need for
a Parks and Recreation element in this area.
Library Chair Miller agreed his point was well taken. She
reassured him that the Library Board members have never lost sight
of the fact that this is a joint project. The Library has an
opportunity to obtain funding to build its portion first.
Commissioner Hall stated that it was unfortunate the library and
community center could not be built all at once. He suggested
that the respective Board and Commission suggest this to Council.
Commissioner Willett commented that the footprint of the building
has exceeded the square footage that his commission had seen 'under
the POD study. He suggested reducing the footprint of the building
and going up two or three stories. This would allow ample space
for a future community center and gymnasium. Board members and the
Library Director replied that over a long term, mUlti-story
buildings are much more expensive to staff. Such a design on six
acres would probably not make our application competitive.
Deputy City Manager Thomson mentioned that there is only a limited
amount of General Fund money available and a major need for both
pa;r-ks and libraries in the area. As money becomes available
through the State Grant to help with part of those needs, it makes
it easier to build the other needs.
Chairman Miller committed Library Board support to the Parks and
Recreation Commissions plans for a community center in this area.
3.5 - S-
JOINT MEETING
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JANUARY 9, 1991
commissioner Hall stated that it behooves this project to have this
Parks and Recreation Community Center built with the library. If
the state decides to fund this project, the Parks and Recreation
Commission will take this to Council to suggest that the recreation
component be built in conjunction with the library.
Chair Miller suggested if notification of the grant approval is
received in April, both committees go to Council in support of the
Community Center.
Commissioner willet was concerned that the state Library might
restrict the building of a community center on the same lot.
Richard Blackman agreed that it is possible for the state Library
to impose restrictions on the site. The award will be made on
mul tiple issues. Some of these are going to change as the
information process goes along because the plans are at a
preliminary stage now.
Sue Miller asked for separate votes from the Parks and Recreation
Commission and the Library Board.
Director Lane reported that Commissioner Roland had called her
office and asked that she convey that he is in favor of whatever
the City can do to put a library at Fourth and Orange.
Library Board Chair Miller polled her Board members:
MSUC (Donovan/Williams) to accept the negative declaration
issued by the City's Environmental Review Coordinator.
MSUC (Williams/Donovan) to recommend to Council the conceptual
plans for the 35,000 square foot library as presented by the
architectural firm, Wheeler, Wimer, Blackman and Associates.
Parks and Recreation vice Chair Hall polled his commission members:
MSUC (Willet/Lind) to accept the report as presented by the
City's Environmental Review Coordinator.
MSUC (Willet/Lind) to support and accept the conceptual plans
as agreed to and voted on by the Library Board.
The Library Director will take the recommendations of the Library
Board and the Parks and Recreation Commission to the City Council
on January 22, 1991.
Both the Parks and Recreation Commission and the Library Board will
address asking Council for a Community Center on this site at their
next Board and Commission meeting.
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JOINT MEETING
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JANUARY 9, 1991
The meeting was adjourned at 5:29 pm.
]$-7
CROSSROADS
RESIDENTS WORKING TO KEEP CHULA VISTA A NICE PLACE TO LIVE
Carol Freoo
President
Bill Robens
Vice-President
January 22, 1991
Will Hyde
Treasurer
Mr. Mayor, Councilmen, City Staff and members of the
commnn ity :
Members
Lowell Blankfort
Alan Campbell
CROSSROADS wishes to express the most sincere sympathy to
William Cannon
the family of Mavor Gayle McCandliss and to you for the loss
Jennie Fulasz
of a caring community leader and a dear friend.
George Gillow
Last March we greeted Gayle's mayoral candidacy announcement
Jerry Griffilh
on that sunny Spring day with pleasure and high hopes for
Tom Pasqua
Frank Scott
her agenda for this City. But, sadly, there were no
Peter Watty
miracles nor magic potions to alter the framework of her
Cary Wright
destiny and we have come to the winter of our discontent
and sorrow.
This room is full of memories of Gayle. We will cherish
those memories and hope that decisions made in this room
will reflect Gayle McCandliss's viewpoint and her vision
for Chula Vista.
Thank you.
~~~
Carol Freno
President
P. O. Box 470 . Chula Vista, CA. 92012 . phone 422-3773