Loading...
HomeMy WebLinkAboutAgenda Packet 1991/01/22 >ti-: [fj . ~; ,.It I ~ec.r,:r? ,~n~~r p.~naltv of p~:'.iur'y that I am ~~;:~ ".' . :' ':" :' r::" C: --: '! .:" " '.'J':'l b the """'>J ";;'J at j Hall on Council Chambers Public Services Building 1))(- 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 (') 'Jt.~ - "---".--". .) AlveI'll G" Toso 0---<-(/ 207 San Miguel Drive Chula Vista, Ca" 91911 ~~_a~ (s-) ~~(2) fJA-ou '5 (pI):,,&, 'i'" -, \j ~.i ..',. ,"'; '.'~ ' .. ,. , ' ,~ ':-~" ~j ~:) , ..'....,', l~~ 5ct- / ".,c,rlt., - ,j..,"'...~,''jl , ":"~"": ~< ,...."'~ ~ .:'? 'I,;' ,.I '.' ,.- -'<,.,;...~/ 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 . Ii,,' { f'" :, ! . r ., ' l- ,; l SAN DIEGO COUNTY BOARD OF SUPERVISORS LEON L. WILLIAMS, CHAIRMAN January 7, 1991 @ o w ~ .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~ 6d-/ Cd?'; /ll~ ( s) r, ,.')14,' .l(l F (l.I" (l / I ~ .... );j, r; ;1 p~ftJ Ada V. Wade WI!!''W' "._,-" "1" - '"' I~'; ; 1 ": < ,,\,,' \ 'I.' ... ~ I' ,I . '" _. fT'.. i". ,-...., " "', /". ,"I " ~ .", ,. '1 P."" (' 'T.' f1 0' N S f" f { ''i, ., ..." l' ,!' f"j ~"": , ' , _.. , ".' ~:~ ,-~, .' . ;' ".. .'" ,; "'" .,,"' 1 t- '.',\., , . : ..... ,',,-. '-,Co ","Wi ~" ,"" __,~ 4" l:<;'" 4...,~..,~ ill> II u ". . 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 5e-J 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. 5e-'-/ ii\ ~2 { f 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; 6e-~ . ' ~3 ~. ~ ~. ~ ~ \. - ~ 1 . I,j-' l." ,; , yxL/ " l ~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. ., , ,.":.~,: :~":. '~~~t:, ~; :.: 5e-7 ,,{ ':~ '.' '/X5 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: ';\., \, \, ": " --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. se-~ ; < ", YXb l rf , 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. 5e-/u , , " YXl "". '4, "'u" .. '\. " , "i <.1. ..~~~ ,,~ " ~~~ / 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. :)e-/I Yx q '\ '1;4 , ~:' 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? ,. , \ ,Ohow are the 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 ,i~~ _,,l.e;.' i,' l ":}:;~~~ ',d - ,'";;;:(~t-~~~: :';~~ ,:",';:>;'j " '::~:.: "~ . >.,:.,i:,;-,"i~ .~-< .....~ ~-""d~ ~.~ ~ J."~:":' i \4.'<;72:"f.:~ -. ;- . '", - .",~'," ;~;.~ \ ; 11 \ \' . . . ....<" ...w"" ",.1 , '. ~" .6'-;'''''''M.,.';;'',)f{;.~&:.:. rt ~ ;~ '). , ";~;~; ;" >'-, <-.Z~ ~l ~ . 1~ l 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. /, . ',' .<", " , " ~e -IS , , . ,'-- -. -. ~. ,-- , , TA I ~ " " :;J , '..~ -,:. .' ; ^, -"1 c PI 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-/~ , 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 $10 in value. PROGRAM COSTS. Will depend on whether you're doing a theme or a community work service exchange project, but should include costs for supplies or activities that directly relate to the project. Budgets for the U.S. City/committee should be done in U.S. dollars. Budgets for the Mexican city/committee may be done in either U.S. dollars or Mexican pesos. If done in pesos, please include a note at the top of the budget what the conversation rate is at the time the budget is developed. Thanks. ~e-n B 2, '" .. ~ 18 '" ~ ~ !:J1e3 ~ ~ .. ! ~ 0<: fiJ '" 0<: ~ ~ u ~ C!i ~ 5 .~j~'" o t.J '" o.(IJ ~~~ "'.....s;: ~.~~ P ~ii 2(IJ(IJ ..... '" >,..... 0 ,.D.,..,,+-! t.J$ 1l", C(IJ..... 00..... '" .,..j OJ U) rn.~ 8. -0 0 c..... '" "'go. 1l.....1! ~..... ..... & ~~'(j z g 0- S t.Jsg ~f-< $-0 (IJ C,.C ....."'..... f' ~ U) 0 Z E '""'~ H 0 . 6..........::1 .....::I J...4 ctl..... 0 <r: 0 ~ >. ~ "-<''''',.C 0.. rn 'B g~ o ...-j o~ ~ ff: R 8;;:t=; "" .. j ~ ~ o C!i ~ 0 ~ 5 (IJ 00 c ~ x ~ "8 (IJ ::1 t.J o ..... 0<: i: ..... (IJ '" '" '" ..... -'4 '" ~ 0 ill ::;: N >, i:? ..... j ., ~I u/ ~ ~ -0 g o 0<: (IJ ..... 00 ~ ~ x V) ~ ..... t.J >, ..... '" ..... ~ ~ ~I RI ~ Q H '" ~ ~ >< a:l Q ~ l'-' '" ~ Q H '" ~ l'-' '" ~ ~ ~ ~ :,i 0<: ~ ~ ~ H ~ g ~ ~ 2","'@~@~ ~ ........ ~ 0 b rn ~........ :1::>< f:l "-< ~ ~ el ~ ~ 0 (IJ ~ z ~ i:i. 00<:..... ~~~~",el~6 Q f-< >< >< ~ ~ U b :'i! tJ C!i ~ ;5 ~ S f:l o 0<: 0- ~ o 15 H 1;:: H €5 f2 Q 8 g ~ g p.. g ~ ~"'''' .~@ ~ ........ ~ 0 b ~~el~~3 '" !;; @ ! & 0 ff: I ~~ i ~ ~ ! g 5e-2.0 ~. ~ ~ ~ ~ &1 g Q 9 ~ a ~ ! ~ U a:l . . '" '" g ;:; ;:; ~ :,i , '" H (J) '" 0<: ~ ~ ~ ~ ~ @ :!' b e'i f:l 5 ~ 0<: ~ ~ ~ ~ :!'b e'i f:l 5 ~ o t.J ..... X (IJ ~ c ..... rn (IJ ..... ..... ..... ~ "-< ..... rn ..8 ii ..... ~ ~ ..... ..... .. rn (IJ (IJ 00 ~ (IJ ~ t.J ..... X (IJ ~ "-< o c c 0 o ..... ..... ..... ..... .3 .3 ..... ..... '" '" ..... ..... rn rn ..... ,.....je--. -.-I "0 .......... "0 's 8 t.J .G 'r-! 'M g),? g 13 (lJ-~ Ci Ci b.O O'M ~ o~ aJ -.!:;, ,.C c '- t.J U o.r-! X,,-< ..... .E ~( ,g ~ . '" . ~ c ..... rn (IJ ..... ..... ..... ~ "-< .. rn (IJ (IJ gp ~ (IJ . (J) . ~ ; '" H '" ..... rn ..8 ,.C ..... 's "-< o .. c 5 .~ ..... ..... ..... B B ..... ..... '" '" ..... ..... rn rn ..... .......C'-. ..-f "0 ,.....j ~ "0 >. 's 8 t.J ..... 'M .r-! rn >, g '" 8li c 8 18~~~ () O'r-! X,,-< ..... .E ~IH g ..... (J) ~ (J) ~ ..... ..... . rn ::1 . (IJ '" 000 c"-< ~11 x..... (IJ-'4 ii~ ::l C o >,'" '" rn ..... (IJ C rn .g~ ~ - . (IJ (IJ ~gp (lJll .~ t.J .....x (IJ ..... rn,.C "'..... ..... ::1 "-<0 (IJ>' ,.C(IJ .....c o rn"O ..... (IJ rn ;> .....- RI~I . rn ::1 . (IJ '" gpo <u"-< -511 x..... (IJ-'4 ii~ ::1 C o >'<u '" rn ..... (IJ C rn 0..... "OR ~ . &~ c .~~ .....x (IJ ..... ~ii ..... ::l "-<0 (IJ >, ~ ,.C (IJ :r: ..... C f-< o .~"O ~ rn~ i5 ;s,&, ~ ps- . ~ ~ ~ . ~ ~ ~ I c::l ~ g 15 ~ f:: . ~ ~ ~ ~ ~ o ~ 8 g g f-< H 5 ~ <t: ~ 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 ~ 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 ~ s- ,.S This Page Blank l G,...l# ~ ~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 str=f -1- 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 ~ -2- ;{. 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 ~ ~-7 -M- -3- { h~ ~ 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 -t7:=1 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 ~", \,...' 1... ',1,>, ,~ ~, >. t'..... "'". ", " '" 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 ;,t4!-"\ l ~Y -I2--'-{ , 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. .............~.. . . ~~ .,.."." ..~ .~.... 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. ~... ;"",," I l I j ~ 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! - -2- ,/ O(d-"-~ , , '-r-' q-II EXHIBIT B ;.' i- . : . . 'ft.: :j;- T,' ..,....... .f ._' ~, 1. Definitions: I~ tIIis AGREEMENT, unl.ss tile context otll.rvlse ......' ..,. ....t"'.; "-. ;,.......' I. CITY Is tile City of Chull Vlsto. ~. ,e ..;..., , 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. ~ ""--..0" 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. -l- ./1 f q -/2- 'EXHIBIT B . J ~. ~-~ l Orrl.23:3l' I J I,. . - ~-t- 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. -4- . ./ j ,.,.-- ...-.-.-.... >-. -\ , . , EXHIBIT B 9-/3 . . . ',,, ,,f....., . "... I I .,""~ I \ Ott:!.2330 .i ", '.... ...... 11l1J~J11. I . - --_~ 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: . ~':~.,., ,f.l ,'. ." "_ 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. -5- l . ------- ---- I , 9-/Y EXHIBIT B Ji~'" ~ , .~ ~ .~- ., ", I .1 j Ord.- Z~ . ,. , . . t Ii / / . ., .*;~-~:-., "* 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. t _sc ;,," '1"" ;,:~~ . " ~.~ '. . . .;~? : , , Om 2330 J -6- . .~ -- I, , '. ..':'.t.#.~, ~.:\:.. ' ~.~'f . . EXHIllIT B 9 -I)' ~. :fl!. '~''''''''''ofl'''''+..~ , .... _ {511 . ._- ------ .. ;: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 ."':i,; "" .... II...., 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 '. -7- , O('ci.2~30 EXIIlhIT B 1"(' ~. ~~""'~~~il.'~~ ..~. e~' ~ ~ . . I ~.,.:. .__ _' u .~,.. 4: .....'t ' -Ill ..',.. I I , ! , f , f J . . ,,"..J- ' ...'-' ,~.....' ~. " '~4r, J 'J!'f' :...-~~~~-. 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 ~, 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: , ;...~ . ....... ....~c ~ ~~~._. 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 - ... -8- , I . .1 j , Orz:/ 2330 --- ~ t:XIll131T B I, / . 9-/7 .' ,~' ~".. ;':~~'" ."'" " ~ , ".' . , " IJ'" ~,~ . . ," .... -,,:. ~.... - ~ ...~, .. - . 4 ._~ _.............__ . ~. ~ ....~. ,,>#.'! i~.r-' ray. Cary. .Illes . i-rye ...._. -.' 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- I 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. ..-.-...jOO. .~~ , ~c -g- o' j ()fr\ 2330 I ,. , I , \' '1' T' 1'1 r ii' \ B I" Ei\1 l.U.1. 9-11 . ~~~!'Rlr~~~-.~ "Ull1 .V?Jf1I~~~~~ . ...'. .~'.....' J,._ . ~ . ..~~~OPERTY OWNER. "'.:~~~ TERAA'NoVA ASSOCIATEs. '.' . corpor~llfornla general Dlrtnershlp ... .. . W1f'''-.. ..... ...~~r, ." .:~ Jiiit'''9' ~ .. ~"' -..~. - . ...........81.:: , .~ t~. the City of Chula Vista . I :'" VP If l~." H...". :-~ =... Byr:#ff::t}t~WJ Y t or y By: Ir I l , i WPC 6394P f~- to -"r__.,~ .. ..... '. ".10- I " I J EX~IBltB 9-1' c;. . I, i.~~~ I!", lr ~" ~, ~.~,.,~ ..,.' Grd 2330 - ... I , ! , I "i I i , STATE.OF.-: I . , S4. ~. J 55. 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. ~;.~"'.. , ., . . , . OFFICL.L,,~ . C QiIlIt ( -: ,: .s:J' - - ~tarY~\.iDlr~ :n ;nd County Gnd State ... ......... .- , STATE OF Californto 55. :;., COO NTY OF San 01eQo .li.'t, """ . "{l.='c.... 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 iii, OA& ... lIUf Z1 1tt:3 ~~ w PC 6394P -11- ~ '. . ; ., J',.i I , ' , ....;.. Ord-B30 I' . ./ J h.: :: " ~Xll I 131'1' ij ~~s-~~e: -20 f'-~... I " ".~ , ~. .;,.~.~..- .~. ';;' ~ . ,- ',,- 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 il~.. ~_ ~ ~-'" -r I ~t ...Jo.-:: ~~ ~ .' EXHIUT ",," 1-- om. Z3:.O , J " _.ii.l~ Jt , , '.;' .:.1..._ ~".,.,...-~:;;-: .. ~.... . . '" ~ 1- I -, .,....'" ,..:;- - E1.HLllrr ..~ . Qrd 2330 ~ EXHIBIT B 9-;)~ .t.'8~ -~~ ---. ~.I .,::fIl1 '''' . ~ . .... ". " ... , .~~-~ . --"':.~I __ t, wU tll ... '" r,II'JIIIP,I I 1 II!I u,,, .':!Im Ill: ~J I 1111'1~ Iii !:Jllill I 1", I I "lil,!:! l; , ,.:,;' .. 1M.,. l! II " _..... ':,1, i! I .. , 1~1:llmr.II4;tI.:. ~'I'~.. .....::m'IP-.:,jo! Ii g.! H!it .:~IJh!j'ffillP.lf ~ IP,,~ i Ulli "~(" ,,1,1,'1 DI!I,,! , ~~!.l; iif . ~,;?' . .~ r. . -- ~...- ......".... - i' ,I -.Will. i!! ~ ) ~-~ ~x1t 1 U 1 l' jj 9-;;t~...", _$,,,,'. . ~-";-I'~i.. ... .....', .}..:.,.~~ " ..,,..- . ~ ~ ! ~i i~ ~. ~s ~i =~ ~~ 8: 0' ~i : ~ ....1- .- I I I I I III III II I I I ,~ -:~, - .. . t . ..... f' t' It ~ 'l'\'l'IW:,W.ll'\'lllilil!'~Illrll~l!l'.!i~Jlili , , '" -. ,. ~ '" 2330 III ./ j [ --- F~IolII\'T "~ . , . EXHiBIT B '. y-;;. t-/ ~ , . .~ ~"'---..~ ~~".- .'''?f' . ." , , - - ,.~. EXHIBrr .S- .~ .__ . '.:~W DESICK"STAJfIW3!lS '':::":. --'.(:.1 f ..~~~ _~," y-~_~;. ~?;..~~:.;;~~ 1< . ~,.~'t , Terra Nova Park will be expanded aubatantially aa abown on the Concept Plan Develo~t Agre~ent es Exhibit -8.- ~ - ~ --...... ~, .~.:;;'--' and reconstructed attac.',ed to the -'-.".' ,~rk i~~:- 0-,-".::; to be C'''r ~-",-':'""'~ ,)r provided by :.. '-= ...._ .t '" '~.J. i:.....:'. . : '::. i rtlousalld Gcllars ($850,~OO.OO), Including design, engIneering, installation and maintenance. These improvements shall be .ad. solely on th~ property described as Terra Nova Park on Exhibit .C,. except that the city may require Woodcre~t to install ni9ht lighting for two (2) ball fields located in some other City park. In the event that the City does require such offsite lighting, then the cost of providing such offsite lighting shall be credited towards the amount Woodereat is required to spend for Parx improvements. The Park improvements may include tvo (2) multi-use ball fields, an e"Grcis. cours. incorporating exi..inq fitness stations, a play structure including separate sections for rlifferent age groups, a gazebo/ community gathering facility, a Viewing overloo~with"gazebo and picnic table., three (3) ~ smaller structures for picnicking and gathering, a tot lot, e hitching station and improvement or th6 existing equestrian trail, two (2) night-lighted tennis courts, a comfort station with storage area, additional picnic tables and COOking qrill., an off-street parking area, security lightin~, a!night-lighted basketball court, additional walkways, D.G. jog~in9 trails and standard park fixtures. ! The above desiqn element. and components ot the Park shall not be modified except upon written agreement between the City of Chula Vista and Woodcrest. " ~ .$-: ... ~"~ i'-~'.1C~.:,T."'~ '"""~. ~. - . , c)d - 23~ ,. q -;;.r It . EXlllilIT.B , , ..... ~.J< J ""1-- ...~-i. :t . .f..:- ~ _ . 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 ,,", ",s.', GO TV"c...r- A+ \J If" t"J -6- . I. . < ....;,...,,- ~~.. 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, ,.; '. ." -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 . ~.."'~-..';:' "'~".' ".' '<, -,- i .~. . .\1 b .',:~-'C ., . 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. ."" (I""~ ~I ; .. ,,'.. /, , " , ( ( ( - '" (~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. '_.,--~----~ - . - .. ... 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- /f-l-rJ . ll. a. ( b. ( -( ( ( 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. ( .' -5- If''). 1 , . ( ( ( ( c (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. ..--- --- -.- --. - - ----. ---- --- (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. - ~ . - ( 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: _. - - ~ . .0. 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. (, 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. -6- /1-31> ( -( ( ( ( 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: " - . - _. - -- . - . . "~"----' - ( 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. .' ( -7- 11"31 ( -( ( ( 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. , \ 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. - 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 .-' _... :_ __ c~ 31. 0-, N ,---/ 32. a. b:) / '-..-' ;() . / '..-,. \. b. - ,- The--PJ:operty owner -shall agree to not protest formation of a district for the maintenance of the drainage channel in Telegraph Canyon. ~':"'"::... . '-',~ ~- -. ;:-, ...."'7". - - . - , - - . - - ~"""'-' ~. 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. .. 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 -8- ,,_~ 2., ( ( ( ( ( - 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. ~-.'<'-- .. _.. - 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. ~. - - - - -; 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 ( Planning DeoartmenLcondttions_ - - -.- '- - ---.-. --. 6~) 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. .' e. 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. l -9- /1.33 \, t ( t 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. .' 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. ! I.. , I -lO- /I" }'f ( 54. 55. i 56. i I I l 57. ( -- 58. 59. ~ ") ...., j 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. - -.....::.- -~-:. ::'.....--. :"::":-._.c"_::'- =' - 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. l -11- /(..}f' ( ( ( ( ( .P) ( 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 ..;.:':-= G":-"~,,: -- ._ ~-"'_'':;l":, --.__.~ C':'..~-- -. ':.__ 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: -12- (t,""Jc, ( ( ( ( ( ,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. ( 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. ee l 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 -13- 11--37 { .-" 'i. " l (( (( I( (( ~ 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 << -l5- II~ ( ( ( ( ( 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. ( 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. " l c. The units from the new calculation will be distributed to these five parcels or other unsubdivided portion of EastLake Greens Tentative Map. -l4- 11.:s '; 4 ( ( ( ... ( 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 ( 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 c ~ -l6- 11...'f1J _f'", ( ( I '-- . . ( ( ( ( ~ 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 --- .-.. .-"' .- ~..._~-- -- $~~ ~~~ ~ge Krempl Direc of Plannng 5930a .' -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 0..1\ ~/MMI- ~ ~~1.I~ '\W- 9Ih1f-~ ~.P:;. ~ 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: $4,000.00 Securities approved as to form and amount by Clty Attorney Improvement Completion Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement Ol56a 1;)../3 -6- K , ; "EXECUTED IN TRIPLICATE" BOND Fon MATERIAL AND LABOR BOND # 3SM 762 418 00 PREMIUM: Incl. W/Perf. Bond WHEREAS, the City Council of the City of Chula Vista, State of Ca.lifornia, and Chub Vista 54 Associates, A CA Part. LTD. (here~nafter designated as "Pr~ncJ.pa~") have entered J.nto an agreement whereby principa.l agrees to install and complete certai~ designated public improvements, which said agreement, dated December 6 19 90 , and identifi.ed as ?roj ect 89-8 Chub Vista Woodcrest Southwestern is hereby referreCl to and Il\4de a pU'C hereof i and WHEREAS, Under the terms of said agreement, pr1nc1p<<1 is required ~efore entering upon the performance of the worK, , to file a good and 3ufficient payment bond with the City of Chula Vista to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California. NOW, THER-~ORE, said princi?al and tne undersigned as corporate sure'Cy, ue held firm~y bound unto the City of Chula Vista and all contractors, subcontr~ctors, laborers, materialmen and other persons employed in the performance of tne aforesaid aqraament and refarred to in the afore_aid Code of Civil Proc:edu.r~ in the sum of Four Hundred Five Thousand and No/lOO**************************dollars t$ 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 -2- . 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, ~ ~ - ~ ~ ~ ~ ~~ ~ ~ ~Iic ~ ~'\\\\\~//I},j'~"\\~~~\~~~\y~~\\\\~U}'u2!i . 'i' ~ ~ w z ~ ~ < . z o ~ < ~ o . ~ o u ] ... n _ ....... ~ 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 ...."', ,- . '.. .......... " ". ~\ -', "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,}.. -/(, -2- . -, 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 ~ ~\\\\\\,@,//;f~\\\\\~"'-"='~\\\~~~~\Y/~'\"\\\\.~/U'~ \~ " w z ~ " . . z o " . " o . " o u ] 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 I~ ~/t J . r w " w Z ~ " . . z 0 ~ . " w 0 . . ~ " ~ 0 0 U 0 . U r Uj 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 .. ."'................................... -.... "" 836-5 5-'10 1M PONe'" of Attorney ~ Te~ /).-;10 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 1;).- 2/ ( .' " , .. J "; . . " . ~'J-- , 4" "," . , ( (~' IJtA,~ ~: EY Zqzj .l. . . . 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 c., ,"i;"'i ,f: "-/ The City Council of the City of Chula Vista does hereby resolve as follows: ! ,.;" 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 ~~ 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. -l- I~ -;2:L " , " r ~ - (~ .,' ) '~., .i 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 - 2- IJ. .,,13 . . (~' c-:' I . . i. 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. -3- /~ .')'1 '. . .. I J. ('-- c 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. -4- /~--).,!, ., ',.! ~ (~ (- 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. /' 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. -5- I;)'~~" . (- c~ . 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. -6- 1;1-:1 7 .' ., (~ (.- " .. '. 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. - 7 - I,). .,)..3 " , (~ c , " . . " 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 / I'?t??:' v'/'/ --- . / '.-"-' (,~mas J. Harro (~/ ~K~ecto' of Planning / 6276a -8- /~-~ 9 " , ~ . ~ . : ~ ' " "~~ -'" 1 .~, , ,) ~ ." .' Reso1 ution 15319 (~ _ c,. . , 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. " , / / 1;.-30 " 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 yw. -- ~... ~- II o ,;::u,~.. 211 ::I/J .. JZ ;u ;u ST .. J5 StI 27 I ~ .. 0#40.. s: i'l :> o ., ::IUUlU1Y.u:;;. I CllRJ:Rr 211 <16 44 4S 4Z a 24 .S 54 MAP 8573 SEItER EASENe/T DRAINAGE' E'ASEMEJVT I I LOT --.~ - /2 "31 T II 1 -- ~ EASEJ/ENT to ..... 1;\1 \'\ 0 ..... PM 15355 D.. 4: 2: . 111 " 12 ,( 1:1 , I SCAlE ,. = 200' 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 /3-2- 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 72:: "' Bruce M. doga , Clty Attorney Presented by /3 "'3 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. /3-(. 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 ) /3-7 ( ( 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 /3-r ... -", r \. ( 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 13~1 ( ( (. 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. ( II. l --------. 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 /3 -/0 -- ( I.. 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. (, 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. -2- e 13-{ I c ( ( ( 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 -3- /3 -1 t. r \ \. 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. ~ -4- 13-/'/ ( ( XIV. XV. l\ . XII 1. ( ( 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 -5- 13--/r ( ( 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 -6- e /34' .' ( ( , ~'-L ;::'0?-, . t-Y-OLf3 dJ . .' ", '( 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 :z:/; \ , / / / '~ \' !rWl~tla)J#L/V~?'''----- Thomas J. H~ron, City Attorney (/ 'j 0374a r "- 13-/7 ( ( 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 e CC-660 /3-/8" 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 v 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 ,t[ - f J# ' 2- 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" t~1Jiiil ~~~ ~ ~ 00. ~~~ u= ~~ ~~ :2Jlfjjj] @ rg ~ ~ ~ ~ ~ $ ::T Ir IuD: ~ -;0 ~ ~lIi:la~ , ',:J> ~ (') :x: s: m iZ -t - )> - - ~ j + " i~ " 'to. :'~ i/... 1 ;- + I , " ,f : /1 // ' :: "ji" / ;. ../ " "~'__'~u. ':-,~.:-:~ /itJ -7 . r;::.,""!":::r "!I-~" L-'I \ \ \ ~J ...< ,....."-:.,,,..... 1/0..2 <( a () m "':I l> l-,. (J) l.~,';~').:. :' ;>. ....; .~ r ~"O l> JJ ~ ~ " m ;- ("'l ? 0 i ~ I . ~ " c z ....; -< n m Z -i m .. ~ I .... I -.. .... ,-~, ~".a::=;:=..-,,- . J . f \ l\ 'l~ -J.' ~~ , ~l ~u \ \ . ". " " ~ .~ ~'\,.:..J. - .~ I . . >J J. l I \ I-t I JA L-~:\:- . ! i \ l- i :I> -I -I :I> (1 :I: s: m z -I .. .. m .. .. . " L ~ I ~_... ,..1 '" -.--- ... . I .,,~. .. ^'~ ~ l It. '." 16-t{ . . t:;" ;,..:.., a :il m r )0 ~ rn ... in r- ID )0 '" ~ m ... m ... 0 0 z ~ 0 ? 3: '" 3: '" c: '" Z l> ~ '" '" -< 0 n 0 l> m ... z '" '" -l m " :Il ,. Yi:'~i~'''', '..~" , :J> -t -t :J> (') :x: s: m z -t - - o - - '-'r I 1 ._-,>~ .../ ,:'~-';'~;:~"::~: :'f~~""" i ! ! I J _0' ._.___1 ",'-. ,":;i ,~ ~~ -,. I , / , / lIP - Cf ~ tH' ""'f i '1': .t . -1-_, " t , I _~ ~~......t"+., ','~_~_ ! fo . '--'," "'" I l /:~~m?~,':~'IIlt'~':t#~';""'-' .,.'" !.' ;,:,~':;'!~8*t7-rprJl~!1f;j%~~:f""""J?,u:,.~~~l'U1~".t/i.,,~w1W:(*r!ri~, ~~'iI!'~'::>'" ,', ,';t:\'!~~;:'\::~';:{~:'; :~j' ::i. ;',/":,, J 1ft" > . e I ~ 1" .~ , I'll i I .. .. ~ ~ .. m '" .. ::D !i' :J> -t -t :J> (') :x: s: m z "i - c , '" t""' t--~ 1--. '''''.,L' - - !I I : , ; <.:'.~ + , III-If,> ': '" o c: ... z t , .J ~ ...1 :t t f f" :J> -t -t :J> (') :x: s: m z -t i I iil .. !!: 1> - - m - - ), ' "\tt: ,"' i 1,-11 z i .. x t It .~ -f 'c', ':ll". hi i , I i ---- .""'f"1 : i c", : I 1 ""-t t~.-.~--+--" ' ~ L.t; ! ,"~ II , .. I .-..; I .-"--"'1-'; . ~- "I L~ j' .. .,..~ j I I -,r:~f-t ~,,~..~ L....", ., '. ._~..,,-.;. ~"i 1 , I , 'i~; :J> '" ~ =1 ~ f, i:5 g :J> 1;, (') ~ . :t :x: ~ ~~ s: m z ~ .. ~ "-h- -j ... - "1] - ,l I! ~ m i n " 0 ~ i ~ -< n m z ~ m :a > '" '" o n ;; -t m (II > ;; R ~H z :';0: R .,~o V"> I ,.,., ~ -- m "" Is: I~ I~ Iz >- 12 'n 1,.- I~ IS 12 iC '.'Y' :J> ,,::9 :! ~ -t . ~ -t t ~ :J> ~ 1. ;:::' (') ~ ;; :x: ~ s: ~, m z -t .,.,'.", It "')- f<L .' -, ,,'1,.- ... :~ --<--.- ~ ''/ . i.. , r- "'1' .~ .; ',. i ;/ r 7' ,., , ~'~ '" ,,~' ,. ,...., -, '7 I'" -13 "1' : i.i -; '. '; If r= I.. I,~ , '..liIoolio "- ",L,J ~ ~ : I 1 : ,I" ,) ..~ ~ i , , '!;. .--C ""\ \ .~ .' , , ,;. "'1<' I, , .!j ..,..," .. ~ . '::;r ;); . -; f".' " :. '\ I I it . ~ ~ ,,, '. . "" :/.1 , i.,,!. .' " Ii I, , , :J> -f -t :J> (') :x: 3: m z -f - :i - - 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 /?-3 s:m III > ~cn ~ -I "Cr- III )> ::1 " m (') o s: s: c z - -t -< ~ Q "tJ ~ ~~~~~ > i ~Q lllfl'" ~ :!:/n _.DI 3Ul 3= lDDI ..... ... CD -< DIe 3lD DI< c.lD DI- o l!O"O 3 ):olD Ul::::J Ul- 00 00 ;'3 -"0 lDDI Ul::::J '< ~: , . ''''~ /~ / -.., / > '!~ )> (') :x: s: m z l-t , - - ~ - d .~: ) I " -.., I,' ,^ I ~~- -~ -" -- --- -- ,/ '. /7-5' I,L,', \\" li!ll~l~' 'Ii If:- 1'1,1 . r ", _~..w 'i.'~-'-'-' -'... $ ~~ ~~[M] ;; @!l t;;;-, ~<Y.il~ ~@(2) J>'~ =il - rr= ~~ =?' ~~ lMl ~ (Q) ~ ~~ b C---?, [:.-_-1 CC-{] ~~<' '" -.-"". ._".1....~. -,,-::~ ...----.'':0' '", ...M---"\'......',. ..~<~,~,"" "" \ -\ " / ..-.-. ./ 'C~;J ,-'- -~ 'C..=:J "@ ~ ~ ?~ @~l~ ~.." .,.."10 .fl)." "'~ t-~1. ~I]J , ri 0' -- ___'J --- :l:LJ I. ~ D" "if . ".,.,,,,.....,.,, D tI . II c,_., , :) ,Uf-----\ "' iI' , \ -; \ :: .. .:~ \. ~,~ ~ / / / /. , r- I // :li '- '. " ., , ' 7;" I~.)/ , / , / / / , / 1/ ,~- ----.] ......---..- ...." ...., , 'I, Ii I Ii . ....._. -. -."/. i.' ., > ::t > (') :x: s: m z -t , - i - to /-7'-' (0 - - > ~ (') :x: s: m Z -t - ci : '-:' .- :~3I ~ [M] n~~ @;;, V-'" ~=@JI) llJ ~ =iJ I' ~~ u, I">\l~ ,~ 2J'~ [fiii] ~ @ ~ ~ <S ;:g = =il ~ ,:j '.; (:, . - ,'.~ 'r' ~ . ' <; . P ~ % ~~ Z% 08 ~ ~ i~ Ih% n~ ~8 ..~ ,I.! '--"-- :...,' . m m ~ ~ ;; ~ ~ . m ~ \. I =~ \:. m ~ " m I " ~ ~ ~ i " ,- , - ......{ _,-_r \. :~' ,':\ \ " 'r: , , , "@ ~ 2EJ ~ ;-- " . ~% m- mP m% ~m I=Q ~o mO ~~ o /1 '-:' /-~ ;,~~ : -~r~ \. .r ., C [. . '. -Ai ')'- ~' ,~~ .. " ,"j , " :.) ~ ... r~;\ ... .. o "U'l.," -,',::--.-.'. " ':';.' ("r;.~ ~..~< "~'; ~,;,~';'~"~~:-;~,:~,-:2:.' ,']!- :'~~c,.; ,,'.. - "';-,:) -,,-.) ,-' '-' '/ ! r / .. ,-,"--' "",'II lJ o ;.) r: . .. " I..~ \ - ........... ll' (~"' .,--)- ~0', ~' ~.. l~~ ":J ~ ,J . 0, '" 1"',0,,-4 ,.... ~.; \.~ I ,:C-) ',:) !i ~ " I' '- --\: ': 17"'." I." ,-, ,-, ,. ,:; r~ . \ ,.; ,_I 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> ): ~: /,,1 ..," b (, .( It' ,,t (' vI: .,~.s'Z ~ ~ SHT.2 ~ /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. l,'Z...1.f 1 2 3 4 5 , 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 -', J 34 35 36 37 38 39 40 41 42 43 4-l 45 46 47 4S 49 50 51 52 53 54 55 56 <7 )9 60 61 62 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) 22'5 1 2 3 4 5 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 .0 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4S 49 50 51 52 53 54 -, o 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) 22.-1- ] 2 3 4 5 6 7 8 9 10 ]1 12 13 14 15 ]6 17 18 19 20 21 22 23 24 25 26 27 2S 29 30 3] 32 33 3-l 35 36 37 38 39 4D 41 42 43 4-l 4' 41, 47 4?: 4Y 50 51 ~~ 53 5~ 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)) .. 59 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 2l-':/- ~ ro~\,.( I (ll1..""i 1 - 2 3 4 5 6 7 S 9 10 ]1 12 13 ]4 ]5 16 17 18 19 20 2] 22 23 24 25 26 27 2S 29 38 3] 32 33 ~ 35 36 37 :>,<; 39 ~J 41 4" 43 4-l 4~ 46 47 ~ 4'1 5~1 ~J ~~ ~) ~~ 5~ 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(, .22-8 :2 3 4 3 6 7 8 9 10 ]1 ]2 13 14 ]5 16 17 ]8 ]9 20 2] 22 23 2< 25 26 27 2S 29 3-~ 31 32 33 34 35 36 37 3i, 39 4-) 4] <2 43 4-l 45 4~, 4, 4' <, 5:1 ~l ~:: ~!. ~~ Y 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 ]9 20 2] 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 3S 39 4D ~1 ~2 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~ ~5 .. 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 22 ../3 > C G"l ~ 0 " " .. lD ::D "T1 ::D " ::D > " "T1 0 .- -i 0 > Z m 6 ~ 6 0 "T1 m ::D -i 0 ); > -i m -< > "T1 (') -i > .- ~ r- -i 6 .- m CD ~ " > z ='" " (') CD C " " > z .- ::D -i 0 ::D .- " ::J 0 0 ::D " 0 en n r- ;;:: ;;:: (') ~ 0 0 c 0 > 6 m ~ > m z " ::D 6 z > 0 .- (') 6 c ::D :-:l z "T1 > ;;:: -i > m -i :-:l " lD > (') C -i CJ) z 6 ::D r- -l 0 Z 6 ;;:: -i Z 0 !':I (') CJ) =i CJ) CJ) ~ :x: :-:l !J.l z ~ :':I m (') -< :-:l {IO (IO ~ '" ~ Co '-' CJ1 .... OJ CD CJ1 to '" 0 a> ~ ~ '" 0 ~ ~ a> ~ 0 a> '" ~ oo,J 0 oo,J 0 '- - - - 0" f- 0 en -< -i " 0 > ::D r- Z 0 !':I (') " m 0 ~ CJ) (') (') Q CJ) " m 0 ~ ~' -< 0 OJ .- c: c: CJ1 m CJ) iii" !a- S' I 0 ~ :':I < (') (') '" ~ 0;' ~ ~ '" - - c: c: III iii" iii" :0 < < r 0;' 0;' - '" Iii III CJ1 r- '" 0 6' 0 ~ '" 0 III r- ~ - - '--- .;: m '" .. ~ 0 ~ 0 z 0 "T1 CJ) G) " CJ) -i 0 P > CJ) " -i " C ;:: m > > - ;;:: (') .- > m -i m -i Cil 5 CJ) (") z :x: .;:';J .. {IO .... ...., OJ '" OJ ~ 0 OJ OJ 0 0 CJ1 - 0 -.... 0 CJ1 0 a> 0 a> 0 to 0 ~ - - - 2:2 -1'/ "U o "0 o ~. 5' ::J OJ CJ1 "U CD III "0 "2- ('i' a 5' ::J " ~ o m' (") - " g CD ::D <l> "0 o ;:1 '" en !a- ~ '" I o tl> (") I CD o "U '" CO tl> ~ -I o -I > ..... m < > ..... c > -I o z en (") o :0 m '" '" c.n ~ c.n '" <0 -'" ~ c.n z c ;:: [IJ m :0 o "T1 m ..... m (") -I :0 o Z o c z =i. en " m :0 (") > " =i > ? o o o .... '" '" '" 0> 0> '" ~ -'" <Xl ;:: m ~ Z Gl en " > (") m en "T1 " m :0 (") > " =i > ? o 0> o 0> -'" :" .... '" .... c.n -'" '" o Cii ~ z (') m -I" o z m > :0 m en -I " r c [IJ :0 > :0 -< !'> '" '" :-" (Xl 'f .... c.n 0> > Gl m o "T1 m X Cii -I Z Gl C [IJ :0 > :0 -< [IJ c ..... o Z Gl ~ '" ~ '" !" .... o ~ '" -'" '" " :0 o <... m (') -I m o " o " c > -I 6 z Gl :0 o ~ J: :0 > -I m -'" ~ '" ~ '" !'> t o -'" .... " :0 o <... m (') -I m o z c ;:: [IJ m :0 o "T1 en "T1 " m :0 (') > " =i > o ... '" '" o ~ '" ~ :.. -'" o .... '" .... :0 m 5 <: m (') J: > Z Gl m Z en "T1 " m :0 (') > " i! o ... o -'" '" ~ -'" ~ :.. '" (Xl 0> '" 0> 22.../5 z c ;:: [IJ m :0 o "T1 " m :0 en o z en " m :0 en o c > :0 m ;:: ..... m <0 .... 0> ~ '" '" 0> ? ~ 0> (Xl (Xl <0 (') o z o =i o z o "T1 m X Cii ::! z Gl C :0 > :0 -< [IJ c r= o z Gl ~ '" .... -'" '" !" .... o ~ '" '" (Xl (') J: > Z Gl Z Gl (') o Z (') m " cri z > :0 :0 > -I <: m (Xl !" o ~ '" .... '" o ~ Z m m o en > en en m en en ;:: m z -I Z > :0 > -I <: m ~ '" en ('):0 ~~ m ~ '" 0> !" o =: enm (')- oGl :oJ: m~ o '" :0 > z ^ "" :0:0 00 <... <... mm (')(') -1-1 Z'lt > .. ;:: f1:1 en" o (Xl l: U1 -I :To (')'" :T'" l: 0;- < <ii' - III ..... Ef ~ III -< m < > ..... c > -I 6 z "T1 > (') -I o :0 en " ~ o "0 o ~. 5' ::l (Xl '" " ~ CD III "0 '12. 0' e; 5' ::l " ~ o co' o - " ~ g m :0 CD "0 o ~ III <n g, ~ '" I o CD o I <0 o " III <C CD '" '" I o '" C'l I '" a ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~m~oooooo================== ~~~~~~~~~~~~~~~~~~~~~~~~~~ I I I I I I I I I I I I I I I I I I I I I I I I I I 000000000000000000000_0000 ~~~~N~Nmm~m~~~A~_O~AAO_~N~ ~WA~W~OA~AAN~~omWA~~=NN~~= m:I::I:(J) ;;: (tl c: ~ G'"l33~ """l ctl c"_ o - 0 <"'O5:~ '" c: - JJS!:()(J) en (i" 0 ~ ~. r- 5 ~. ;:::r_ ::::) ... '< '" e!.ms::;n r- ~ ~ ::;" _. _. '< go :J I" ~ r--. -< i5'~ ~ '" ~-< < "1Jr-OG'"l"1J ~ ~. ~ ;; ~ 3' """l iii' 2. =:; ~~~~~ C)C')5~g. =\ :C' ::r OJ r- r-o'C:~a C:("')C'::::)"""l > '" m C'l '" Co ~ )( ::r-< ComiC gg .... :2 0- J:) C ~. Q; ",0'0-< :2 ;; ::) ~ -< ~ ~ .E. o' . ~ ()r-(J)"Z~~r- ~CDO(DOO-'~ 3-c:....~::::)Q.o '" !!,':i- ~ ::T; < ~ ~"'~():E~"'CJ o ::::) \., 0 CD C'D = :Jo.::r" cn<CD; "'O"'O=.c:-(")~::) ~c:mcC'CJo:C(") ;'2:<;;' (t)::T -'-''''~"T1(Qc: tDQ.~< C'l ~ 0'0' ;I~I::r~::); ~.s'cJJcr-!!!.'" C'l ::TO'o O'-"CJ< ::r 'ft "'" ~ .., C' ..... VIQ)mW'l>> e;g.-<3-<' ~ ;g gCii~g. "'- Q.--r- "C r- 0 CD _ a $I~~P' . I>> - Q. ~ 0 C'l2- ::T ()> ::TO' :r m '" ~ -< o r- :E _, ~ 0' CJ; iil-< ~ C'l ::T JJ co ~ o < :... r-m ~~ "1J'" ~ ~ o ~. .,..' 0 ~ CJ() C'tl ;:0.' ~< n' 0 Ai' ; "1J"" c: - 0'3 =ctl C'l Q. c:~ O'Z ~ '" ~ :e ~ '" 5' JJCJ"()CJ S' CD ctl - (D 8 '" ~ ~ '" """ ::::) ~ "'" ~1!:()O< o ~ '" <g. ()= ~;aco~ CIl '" 0' 3 '<:S-;32? ~ c:< 5 ~ COC'I-.n S' go .".;: ::T ~ ....r-e !!!.~r;.g'~ r- -, co '" '" g'~~-<-< ,~ () !!l .... - ,.. '" ()():I:()"1J()()()()m~()nnnn"'nn(J)nn"'nn> o-'c:-'~-'oO-'-ctl-O-'O-""'-'-'~-'-""'o-'- C:';:3';:~';:c:c:';:o~.;:c:.;:c:.;:rn.;:.;:~.;:.;:rnc:';:1 ~ 0 ~ 0 ~ 0 ~ ~ 0 Q ~ 0 _~ 0 ~ 0 ~ 0 0 ~ 0 0 ~ ~ 0 ~ <-o-<-<~-~~-~-~-o--~--o~- o_~Q._-(J)",cooor-Q.~no~or-()CJ~~~(J)noQno ow ~~<-- O'J~-o-Oo~~na~o-~ (J)3n~Q."'<~~ng~~C'l1!:~>C:~3~-",aC:~':S5 =(t)o5~30Ci">o~=(tl~c ::3n('D ::3~::3mo.c n-c~ o~n::3c_~<3S~::3~~'~ ~~.c3::3 ~3 ~mc~ (tli~~~ ::3si =~ 0 ~~m ~m~ S ;m S ~ m ~~ ~ ~0 _ ::3 ~.~ n- o ~o r- (Q -, - o ~ ~ ~ ~ "1J ~ .52. .. z '" 3 CD sa. "1J ~ o co' Sl G'"l ~ '" a > "l:l "2- ~' a o < m JJ > r- r- :0 > Z " Z G'"l r- Ui -i <: CD ~ (") o ;; "C CD .... ~" .... ~. I;;; '" '" '" '" '" '" '" Co> Co> Co> to> '" ~~~ '" '" '" '" '" '" '" '" ... .. ... (J) -i a a a a a - - ~ - '" '" '" '" '" '" a> ... CD '" '" a a> ... 8 0 a .. .. ~ '" ... ... ... '" a CD '" "''''... - '" ~ ~ '" ... '" ~ - - '" ~ ~ ,., '" :-< !" ? - !" :" ,., !" $I' "'<0", '" ? ... '" ~ !" N N !'" '" - '" ... - '" - Co> a> '" '" '" '" ;"w~ a> a> CD a :.. '" CD a c.. <0 Co> N a ... '" ... CD '" - ::j a ... ~ "''''... ... - '" a> '" *~ CD N .. '" N ... '" '" ~ '" CD '" ... '" "'-'" ~ '" CD .. a> - - a: '" ... '" '" a> '" - CD .. a a ... N a> a> a ... '" CD ... '" ... :0 '" ~ '" '" '" I\) '" I\) I\) - - - - - - - - - - 7<" a> '" .. '" I\) - a '" CD ... a> '" .. '" I\) - a (00)"""0) '" ... "'1\)- - "1J '" to CD 2. 2 -I b N ., Cl '" '" III '" '" 0> '" 0. - '" CD g; 0 _ N ... CD 0 - N '" ... III '" CD 0> 0 - N ->< N N '" "'''' '" '" '" C') C') C') C') ... ... ... ... ... ... ... ... ... ... III III III c: <U a: CD N - - C') '" - III N - III 0>'" '" III ~ III CD ...0> 0> N - ;2;0> III '" '" N '" N N 0> III N N III ...0> CD '" 0 N U';;:2; '" 0 0> _r::: '" C') 0 CD - '" '" N 0> CD ... '" 0> CD ; '" '" III ... - - 0 '" N '" C') '" '" 0 '" "l '" "'Ill "'.... ... ~ .... '" NN '" ~ III OCD CD OJ III .... N - .,; .,; ..; N - ~ N; M"": ...: .,; ... .,; - uiu:i .,; 00 a:i~ .,; ~ '" '" 0> CD CD '" ~ N CD "'- CD III N - - 0'" III ~~ 00> CO '0 8 0> 0> CD CO CO CO CO '" r:::", "'''' '" '" '" '" '" "'Ill III Ill... ... f- CIl N N N N N N N N N NN NN N N N N N NN N NN NN N . f- CIl ::; (!) Z ox: Z <( a: --' --' <( a: UJ > o ClJ > .~ ... .~ ... ClJ E o u c ~ '5. Co 0( C co ~ (!) ~ ~ ,~ .r= :3 ~ ~ U CI)~ c:- ~~ ~~ "'., ~~~ ~~ ~~ Q;>Q) en G)"" 0 0 .Q.C"J ~ -- m O~ -~c: O~O ~c: SC~EEb~~~~6-E~<CD~ag~j m~~< ~-~ooC:~C:'~~E~oC0~i~~~c~oc:~cn :~~~~8~~~3~~~8~~~g~5~~~88~ CIl0000~o.a:-O-Oa:~O~OO(,)~~~CIlo.CIl~~_ -~ ~~~-- __~O~~__~-___ ~ o c: 0 c C Q 0 0 ceO 0 c .~ ceO 0 ~ 0 0 0 0 ~ 0 c: _~o~_~~oo~~~~JJ~~~~~~~~c:S~~~~~~ (,)(,)(,)(,)(,)~u6~~668w88u6~~666~68 u Q) '0 ~ 0. '0 III e '" z .:: u ~ c: Q) ~ a; as al N <= ~"o. 5 ~ '*'" (!)~ J:ti~1 I '" co . _.r=....J:i.Q.Q cnQ):9~~:.J _~-J .... o I .r:. CI) ...... .c .c~gt!~g :J as ca . . ~ .2 .c cD 0 0 CO :0:; (,)(,)'" tfci.g~::2 8(,)-;: (j; (j; ~ E~EEo >oQ)000.r= >::.::a:~~(,) .!: ~ ~ '" '" as::'i~ ,--, ~,= '" '" .c::;: :::J-5 ~'" C3~ Q) 0 -~ '" <= ~ 0 .s~ .. OJ 0. a: u Q) '0 ~ 0. ~~ '" ~ ~.o .0 ,- ,- --' ..J U .c := u.o <= ~ "'0. eD ~ o Q) - - '" 'S(!) <= ~ '" 0 Q..J ~ i? ~ Ceo _ 0 o:i' c 'CiS 'u t,) ~~ -g20 -a. ~ q;_ (!:))( -OU)- "~~~8~ ~,g"'~I~.c ~ ...J .c :9 ~ cu ::J .Q~:.J...J=""J: "2::J......._~.Q:eu ... LL..... .-...J c: Oe .~ ci 5 .g ...J ~ ~ .r=:O(,)oo.~'-al u =' u... c: U _ ~':~::JS5-g~ -Q)~O~(,).oQ) o 'E ~ .?:- ~ IV ~ -5 ~:c. 0 tli c: ~ -;: ::l C3~::;:wjj~cJ3 <= .g '0 ~ <( .r= u <= '" ~eD '" ~ ~ Q) .0'" ,- '" ..J..J gJ.c xc o E <= E :c (0 (,)::;: <= .S! tl = ~ ;;; <= o ~~(,) ~ ~ "5 ~:3~ ..J ~ ~tial '" <= o."'J: (U C3 E '0 >- 0 g '" ~ -= J 0 w 0_ >o.al ~~ '" ~ ~ .0 :Q:.J ....J .2 ~~ :c '" 0 ~ .ceo. .- O,;l en ...J::E.E .r= en g OJ '6 '" >- J: ~ Q) '" al E ~ '" Q) <= '0 g.~ t: = u o ~ '" o.alJ: ,. '0 Ii: ~~~~~~~Mg~~~~~~8~~~~~~~~R~ OOOoooaa~oaoaooooooaaooooo I I I I I I I I I I I I I t I I I I I I I I I I I I ~~~~~~~~~~~~~~~~~~~~~~~~~~ ~oooo=oooo~~~oo~oo~oooooooo~~~~~oo~~~ o.o.o.~o.o.o.~o.~~o.~o.~o.o.~~~~~o.~~~ o 0> I U OJ Q I C') '). 2 - I'r '" '" C> '" 0.. - '" ~ II) '" ,... CD 01 0 - '" '" ~ II) '" po.. CD 01 0 - '" '" .. II) '" f:: CD .>If. II) II) II) II) II) II) '" '" '" '" '" '" '" '" '" po.. ,... po.. ,... ,... ,... ,... ,... c: '" a:: - CD ~ 0 CO) ... II) ,... '" '" CD '" f:: CD 01 - 0 ,... f:: ,... - '" CD '" ... 0 01 '" - 0 - CO) '" - CD CD '" 01 '" '" '" 0 CD '" 01 ,... II) - 01 ~ 01 - '" '" II) '" 0 CD - ,... '" CO) 0 ,... II) '" II) 0 - ,... II) Cl) II) ,... II) II) 0 0 CD - II) CD '" - - "! CD ,... '" "' - '" '" '" "! "': 0 0 "": '" .. CD '" cri ,..; ci ,..; '" ci ,..; ci a; <Ii ... ci g cri M '" ,..; ci '" CD - '" cri - .. ~ CD ,... CO) - 01 01 01 CD CD ,... CO) - - CD .. '" - 0 01 ,... ,... '" II) ... - '5 ~ ... .. ... ... CO) '" M '" M M CO) M CO) M '" '" '" '" '" - - - - - - - ~ '" '" ('oj ('oj ('oj '" '" ('oj ('oj ('oj ('oj '" '" '" ('oj ('oj ('oj ('oj ('oj ('oj ('oj '" ('oj '" ('oj '" . .- .... .... OJ E o u .... -0 .<::: ~ OJ E o V> ~ en ...J <!l ~ ;,: Z <( a:: ...J ...J <( a: w > o OJ > t:; t;; ,;; is is 0; tl ~ ~ 2: ';:: to a:s co 7iig> .c.c '0 00 :J:J o ~ E ~ 0 o~ ~ U '" ~ CD~ en en=~~U ~~ .c:J -CO:J :Jc)ca~ 5~= B~~~EO~ ~~ 5~ ~5~~~~;~ 8OC~,o_c~~8ti~~~.~~~g~i~~~~~E~~~ ~~~~o g~-E~~.~-~I~~OI_O~~~O =enua::~~Ua::oOeno..enQu~8>U~Qa::o..uou CD>~_---'5--~----~_~___C~_____ o 0 0 0 a:s 0 0 coo 0 0 c 0 ~ 0 0 c ~ coo 0 0 0 ~~~~~O~~~~~~~~~"'~~~"'~~~~~~ ca.__._._~_._o.__.__o_o_.__oo._._._._._ UUUUU>UUUUUUUUUUUUUUUUUUUU E .~ ~ < E '" t; tl '" 'is ~ 0.. '0 CD E '" z c: o ~'~ ~ ~ ....e x <-,- W "'.... :E! 0 ~ -Ju~ ~c:,g C '= ...J " " u 0::;_ U::::jS '" <ll " '" '" 0.. ~ 15 ca ~ a: c: ~ c e " " 0 Uenu ~ '" ~ ~ ::l ~ U u ~> ~U :3 B c: c: 8.~ ,- 0 a::~ -= ~g '" '" ~ ~ .em ~v; .~"' ~ :c ~ Q)E ... "t: fe' 0.. 0 B .0 ~z ~~ :.:l c: I co a. ,~ ~ ~ ~.o ~ '" '" '" '....- _ ~ ctI.... .= ::I.og:9~g o..::l u...J ,- '" ~ '1::) . t) - ::....o8.oco > 8 .c ~ '~ Q ri c: g E ~ .:2 ca 0 ca Q c: .2: >ua:::.:o< ~ '" ~ ~ ::l .~ :0 " 0.. ~CD '" ~ ~ '0 .e '" ::J::; '" " ,- ~ ~ ~ ~ <ll <ll ,_ 0.. en Qj '0 o E '" ~a:: ~ g~.c ('0 '~.c ~ ~.o~~ C:::l, '" - '" '" u '" .........J....~ O'~==<lJ ~u~.c~~ctI-gc: ...J ~...J;::j ~ ~..o a..'~ tJ ::I 0 u :9 ~-::i >. ~ ~a..:s:5...J.....c:Q,)o ::Ior.n::l.c::9ua:U a.. C:'- t,.)...J c: _ ~ lV~Oa..C::OCOQJQ.. CijU~~~'Ornot:: 'O-c:"CCD~c:coQ) c: 0 ~ c:: co 0 0 .S c: ~~~~t;o:Sca.g ~UU(!l>uJ:::;a: o U o '" <ll is c: '" en - ~~ ~~B ~ :9 :.J ~ .t:J...J.t:ctI ~ >U.c t::;~ ~:.J '" ~ ~ ~~:O!5 o-ccoC3 E~::;~ cam"Q3o o..UClU "" 'is a: ~O~~~=~~N~N_~~om_O=~MM~~~~ o~~m_~mNroM~omNMooro_oMom~oM 00000000000 - 0 0 0 0 0 0 0 0 0 _ 0 0 _ 0' ~~~~~~~~~~~~~~~~~~~~~~~~~~I a en I u '" Cl I M ],.2--1 f "' '" C> '" ,... C1. ... en 0 ... N '" ~ II> '" <Xl en 0 .- N '" ~ II> '" ,... <Xl en 0 .- N '" .,. ~ ,... <Xl <Xl <Xl <Xl <Xl <Xl <Xl <Xl <Xl en en en en en en en en en 0 0 0 0 0 c .- .- .- .- .- '" c: '" <Xl ,... '" 0 '" .- .,. ~r::: 0 <Xl N <Xl en 0 '" II> '" 0 '" N .- .- '" ,... <Xl '" II> <Xl '" 0 '" ,... N ,... en <Xl '" .- ,... ;2; '" '" II> 0 II> 0 0 <Xl N <Xl ,... N Ol ~ '" .- .- N II> Ol Ol '" N Ol Ol <Xl <Xl Ol .- II> <Xl <Xl Ol II> II> ... C! Cl Cl .- ,... II> '" .- '" Cl II> .,. <Xl '" <Xl .,. C! Ol .- '" II> <Xl iij .. c:i .,; ..; .- ,..: Ol c:i c:i ai .,; .,; c:i cD ..; ai N c:i ,..: .,; .,; .- c:i .,; '" ..; <Xl - Cl Ol '" Ol II> ~ N Ol II> ~ N Ol N .- Cl ;:h '" Cl Ol <Xl '" '" II> <Xl 0 0 0 ~ ... 0 0 Ol Ol en <Xl <Xl <Xl ,... ,... ,... ,... II> II> .,. '" '" '" M N N Ol t- N N N .- .- .- .- .- .- .- .- .- ... .- .- .- .- .- .- .- .- .- .- .- .- . ... !!! ....J <:l Z ~ Z <l: a: ....J ....J <l: a: UJ > o Q) > .~ .... ~ .... Q) E o u c '" -"= I- VI VI Q) ...J 2:- ;: o -"= '5 8. ~ ~ ~8w ~ ~ "'~~~ &8",sE'ifjr",~ ~_8",~ ~ w"alE"''''""E_ G c'':!-'''''' c",,,,"'., '" ~6i~~5~~~~~=~~'!8~~~~>~o~ cC~GEc€O~E...JtIlScC:_~~€C~~~~ ~~~~~~~ju~oo~~o~~s~~og~", QOOOOO!080~~OO~OQO!O~OO~ ~~~~~~~~~~5S~~5~~~~~5~~~ UUUUUUtIlUC1.UUUUUUUUUtIlUUUU<l: - c fl ~ < E al c:; 2:-0 5 E 8~ o c c< =e c . al EtIl "'0 CD c c ~ '" 0 tilt- ti '" '0 - C1. o '" E al Z c5- ~ Itc: .c ~ 0 ;:j fo' 5 '0\ 2:- ~~!g ti:ii ~l~~ ~a:'fi~oo~~ CD.ci~E():9ca ;:j '- -J OJ a.> ...J .c ~oCD.ccrC'Jc::J alE>.~~aliij", ....JQ;~.,~o::;E (ij c/) ca III ..c 0 ca 0 a.> ~ > .~ :.J U ; ..J OJ t:)~Q)Q-E C) = Q) ~ -0 = c:: '0- ,- '" ~ - ., 0 CDtIl:>C1.UCDU.C1. ~ al - .0 :.:; ~g "'.0 ~ - :> cG:9a.. ':>>00. ,,-...J en ~fo,g~~ ctl.c...JE~ '- .- c :;:, c: :9...J'~o< ....J!!1::;UUl en c: c: 0 c: '5 E o...J "'>0:>>'_ _ .c c: V) o '" :> '" '" tIl...J<UW - c ., E c ~ o al ~Q. '" ., c.a: L:l ..; ., ~ E U< o ~,g c ca....J '':: .c Ul j :.:; E' fl o c. ., EtIl- 8.Eg -.0 .- ctl ._ ZC1.CD c 0 .~ c U ~ c: c: e: .~ g c. .S! 0 0 c: ,- 'US 'V,j ctl "E )(.~ r: c: ~ ca UJ :g ca ('tl )( c: .0< ~~L.Ua; :.:;~ WWOCD ~ g"'~.c~';;c CIS .c.ccaun3~ca '- :] .- .c c: ... ':>>00. en .c ~ a. ...J :.:J ~ :Q ~.:c :':;",",2:' CD....J." - .- ca _..... c: r:: :c = t) .- c: .... - ca o ._ 'S _ ~ ~ ~ ::J _ ~....J5.!!!E~>"OCD 0" r}) ~'c.-~"" 5 E c:'-(tia....QJ~~ca .Sl 0 ~ E '" > '" c. ,_ <:lZ>_UUJ>::JC: U <l: > J: I ~ '" .c :.:; '" c ., "0 '" ;;: "" '0 - C1. N~NN~m-M~~Mm~~_m_~m=o~o~m ~-N~-m~~m~w~M~~~_o~rom~_~~ 0000000000000000000000000 I I I I I I I I I I I I I I I I I I I I I I I I I ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~ro~rororom~~~~oorororo~ C1.~~C1.C1.C1.C1.~C1.C1.C1.~C1.~C1.C1.C1.C1.C1.C1.C1.C1.~C1.C1. .- '" o " ~I o 0> I " OJ o I M ).:J. -1'1 r ." . ',t ~ 'l. ,", '. , . ( negative declaration ( ~ 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.-. -1"- ~---~ -- ---- ----- city of chula vista planning department environmental review section CITY OF CHUlA VISTA 2.2 -20 . , '. , ." ( c -2- ,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 22...21 " . . .. J , " ( ( -3- 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. ;2.2"'22 ( ( -4- 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. , 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. 12-23 .. ( ( .I -5- 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 '1---"-r) ,/,? /- . "., .. 22-2'1 ? : ,.r r. ( 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~ l. 2. 5. ( 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 ~ I ~ ',' = ' ::'c ','. ..... ':: ':' ' 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 ,2.2- 25 . . ( ( 1. B. PROPOSED PROJECT - 7. - 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. , d. Describe major access poin\s ~ the structures and orientation to adjoining pr6Q~ies and streets \ ' ,)-...j 1 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 22-2.(. ".: . ( ( - 3 - 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.. I \'_ 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 . I 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. '?- ( , ( - 4 - 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- 22-- 2.g , . '. ( " ( - 5 - 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, .22.- 2' , ( , ( .' - 6 - 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 .' ( ( - 7 - 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: sl 71y? I , *If acting for a corporation, include capacity and company name '2,.2-3/ , ,- .:... 'C;. , o' ~~r-' . -c;- s ~ ..... ~ c '" ;" ~I"'I:',~:~:: .,..,: '':P:I:~I;V ':. ~l . ; . ;;~~.~!: :~',:~~~.-.F.-~~i~ ;:~r.;>~~~':.~..:~".""": ....-... . "^ ~~-+--+,"I~~~-~ ..._ _. ...:..._____ __... ..... w ~!.=..1 ~ICI.t"I.r~?::....I;~l:::; 'I:l~:~.::-;.. " (j ;:.4',', '':';"1' i~:;'. '''~~~'I ;'. '.,' Zo-----'-' ... 1"-"'-+;'; "~. .... 10,'_'.", "~'~'-ffi"""-'"' . . <:t: -....... " '.. .1. "I. ':1" '. . .. . - __ OI'_:.J. 1",~ l'--il.fl.. .... ~~ '. , , V ;; , IT li- I I I Iii' ", : . r . '1 . . ,.J I r ~... r:.:~YiI .......l ~;:-.~ >- ~( . \ \J/: - I 6;':;0 .... ~ loJ ~- re ~~ ~\ ~ 0.0 ........ - " \. 'r!~~.- I", - ",' ~-L~- I.. .I"" ~A {.... ;,;' I., ___, 1 '. ," " -- I~.I ,s@;~ , I * ....:.::~.-:: !j , g5 ; ~~~ I ~~ J~; .,...... ~i' ,.. ,,' ..J r~~'; i~L_!#\ trj $' . ~ i.h~.' ',. :.Jf , /Jtu c.~~IP. ]I>-'Jt.. ,','; ~ .~I' .;w",,'" " 'J. - p.~':. ~ ~rJ \".~::.--- L' I, tIl -'" 00 .;,- 0,>- lilI II> :---, . .; ~ I f .~: " ., 0-. r/~ -----i I ;~/:': 3:J~ I / ...J" ~ I ~ I ~\..;Jilt '" '. I "&- -. -.., -_' ~,".'J' ..... ,- I " ..... ", ,'~ , 'I " ".'~- .'~: : . ~" ..:lJoI.... .... .., CB , u r<-\~ \:I' ~ o o " u o ': x _ =":1.. ~~ .... , ..J'::'''' <' ..0- z::::... " u TU~ ;.:::- z" 00 u:.: u < ~::- - ~ u < ~e '-::.)0 ~ .., ~ rQ\e \VA ~ -" ~ U , , . " :.;; .. G ~ U z'" C,\: :w "t c., - ,. I' ., , u , . r::1/;; " . " / .,.. ~ ~ . - ?y ....,,. / " ..' / . t1.'.; .3 2. .0 U , o g ;; g'[~ t; ~;,:,.I:"" -::cc; .... ..J"'~Cl.~ '''? ""I. ~ --:-=S' Mc?t'lI'''I-~.3S ., ~ cu~~~ .- I ":C"1 c? ..01 , ~I:. . 1~! 1\ I" ...... I \1 I"': ~' '. .i. -- ,. ::1 (f= ,I ...L- ,~'- :>IT.-- I I S ' I I I I Of .. ~ l'~ ~ /.. 1::, 1::1 ~I r" r . . " . , v ... -./"'.'; ~ " , " " , " oj I (! G < . o """"",,;., ~~, !~~~~~. ~M' f~{. ~\ ~~J,r-' L:~-:"i:';.(' "f'",. . -,:~.\.,.~ r ~~~t!:5.t~.;~ ~.......~~ ~=t~{.~_;,: ....).:...,... ---... 't~~..;;..: .~~~~': '~"t"i, +~t":ll ~~~ ';t.'>""".:f"" 'Zf:,-li> ..~~,l Ib;;'''<~ l.~~~-~ ;"'-."~~" ,i?~ :;"'-;.:.:. I!.%~t '?-'It..' -I~ ~_ ".J> ",-:.. .J~~":. , f~~)-- I, ~ I ~1"lIl.t-_"'\'F.,.;o ,- !~~J,~j. -- '" , I ,; ~ '~;, r' ~~ :::. ':\'~ .. '11:.,\ ,~ &: '.(' . t \, : : ''''-;'''' ~';":' r- :. \:-. . I :(" ~"'-"Y' \ ~ --ec.,.......:_, i I . _ . _, ., . , ::r. '..: II ..,', ~,... ~-"" I : : ! :." ^;;!'-':... ~, '\-~- i III .,~ r. t'B., '......,. :oo I ' "', :!;~. ~f'- ;. ....: ;. ;": t oil?;}" .J, ~ ';,.'t;::~--- '~ ,~ ~, ~ i ';.!J{ :.-;~, -:~-:;:;; "I' __'~_ '=> ~~!~' ~,.. ..... -- I ~ ~I t. ~,.- '-0--- , ' , ,. '. -=--:--." I ......- -~., ", .".. .~- "- \'C~ ) ,- I" - .:....... -'~~":\ '.:q :::., ~~ I /"/~ rr";, , t,',. ~ '. ,: :\" . .: ' ~,,' -- ": . ;\ ~.:, \,~;:"l_*; :.'~ II ...----- " ',- .......... ,,' I ' '" '~""--'.'\i~ I ,. II, ~~::, \":"'\~'" I,' "~~U,i, ..' ' I l"''-'~_~" '\ ' - " , .' "".' '. . ~ ,\;., "i" ...:..-.- r' I', \ . " "', , I , I \\~, ':'1 ' II /. . . -I' '., " , ( ---- ..... I u " i s 3 ~ 'Ii:: ~"- . - , "",,'NUI "..- ~ ......;: \ I ............-.-"\ \ \: ", > I > " " , . " I ," I = ~ . - .. . . 0 : ~ i '-e . .. .. ~ r Q .. :I 0 ! ~ ; ; ~ : : ~ ; : .. . It. , . .. II: :I.. :I.. ~ 0 .. _ .. ~;8~!:i ;: . - ) }jl <~-"'j -~' , ' .... -~, \....\........ --T -;---15- .. I . 5 ~! '.,\ , \t. .. '; '\ ' '; . \ . " " \, , .1 '-J 0" .H"V~ ..u ~lliJ ( CJ z fl!Lfo <( is:::: a: lllll~ J' ~ 0 ~ 0 f~m:~ ~ z <( 1'/ '''.c ~2: <(W 0? ~, ~ ..... "- (J)Io- W 0- :E~ w _ a: a: = W<( ~ :I: a. ~ . o t: 0; \ . r I L~j ..~- , - .. .--~~l -- ,.' ~-,.. ~, t~. _ //' :1.2"3.3 . IJ=- l , ..:1 '~~}i ' C Q,!: ~!i- 001i 00 ,: ~-)() ~ /\,."\ '" ::'..... ~ (' :- \ . ~......... ~~, ,? ~) \ <, ( oP, '-;\ .... .,1 [ I :1 \~ l " jj ~.~ ~.t..vt '.'" I I r I:'l ~ ~, ..... ---r" ,-(" ~) ", -1.,~;'o ~ ./' .' ;;... ~ /< ! " o ----- . - - -I. - . .. .:! : ( ", (!) lilllJ z I oCt 0: l~lj~ 0 I I , c ~ z ~~~~ oCt ~j"!E~ 0 oCtW B (/)1- Ou; ~ ::E~ 0:0: w~ =0.. - i ! ;: : i ~ iH ~; f !;=i! u 0: ~ I .. I : , ,: ! i ~ t :! i ::I 11 0 =: I : .. 0 J: .. I' .j a... .. ..:I C ''-''- - '",- " I COwGQ ,.. , --~~r'~. ,.,....0-.- .'- li~, (""'-r'9.,,?:..~'-r- .-;;_.:...::/ ',J-, 1;;";.,\ ' " \~~ '[ ~. ~ .~ ~ ' r""""""'\." ~I 't~:rfJ. 1_:..', I:l'";..~ ., "~irt'~' i ';: ~ 'I~ - ~~~"'t-:r,: ~~~ . \,r('-"', ~ r.~ )'_1 - ''-t ~ tJ\\~}~ I :.- ~ ':"a;:'-',.>-cl\ d),\l~, I ~""~....<<I ',,\I,~ ;: ~y i - \ I ..::.. ~ ,..., ~I, i: I,l, ,;K;t ; "';ih..~,c:f"~':"\:=-~' I ',' : It,; T ~ "1'I"T"- ;= : ': g ,r. ': #: ;'r;l.." g . ((....,; ~\ o '... "HI' ...1 \ \,~, - . LJ . ~~' 'k..ff<-.:." _ " ,,0 '\ ; ..-- .. . 0'\ " 0 "r"'" "l.~..~. Ol,' - _-.- .~ "-i' .; ~ - U ...'\,:. '"" ..---:=:--'. '::> tV,;,'\. g;::' 0 J _. ~- ) I, _ ~ - c _ a~l>.ul ~ - - -. --- -'.-- ...!..t".~ -~..:;..---.' !~ - _~~-~~M":-;-~ '~. ;\'"." ; n--7.J";/I': ',: , ,1\ ,~t..-,:,~; ;;:'0, u l l _Jl_~ , tf-,\ .~ % ?l"-.: : . '11:b,-r-",: c: \0-'" , c>' \ "",,", ("..J~ e'=; \ .... '-tt\\~r--'-'- ~.. ':. ",(\,\,~, \~~ "\'~ .' "'"'.' ,\ \\'\' :, ' , 'lr.- u ~ll ,,', '1b-..Y-:- ., :,,:, '\'-'l:;"':zP~ '\'--' ~...:I /r, / I\~ -- 1 ) ( , .- I ,:\ I \1 I 1 I' j\'\, 0 i" ",' .~r I ,i 1\',\', \ o~ j , ~--~r:' ,'\ ., .'~ J -------- .::...--.~ .-" I I I I , I , I I ; , j 2.2..-3'/ ... . " .......: , '. ;.' ( ( ( - 8 - 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_ . -.. - '. " - Ibc...-l - fi.~--, ~ / 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 . .' . ~ . ( ( "- -- , , ( ( - 9 - 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{" -"'- ..1. ! ( ( 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";:" ~2 -3?- , . .f , ' ( ( Y:S '- 38 '3 - 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 . '. \. ' , ( ( YS - 383 - 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~~ 0.\-,--" Q..~ Y"J~H' H/;,',,~ r1/\ /}(r:u"'Y .p~"..u"".. p~;~;~ ~~. .1(( '~\i'';,i0(,{j. ' u v" 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,"'" (:,1,'! 1',0''','::': ~n/\C""(j r\,~, r\,-\i,~\\\\,,, ~ ~ !y')((~\...., "', ;")"'~ 1 ' '\ \ ..... ,--'" .:....., i. v'..,.... , ''-'1 ""~''-~\.. II (,,\ VI j (!1 I ~, i'lr' /,,' (:{ n.;- (. , r ,/' I /-.!.;' . ,-, ,1,',1 -'; I { ~,J/1.*'" T"l 1 f'" -~ .J f-f.,',ll /.,1 (",-C~,\.'(' t '/L'l" ,1,_', \11...;..'-t....'tC<-1. ,/ oJ " .- , ., If -;;', I ~-'i1 ' --...... i ,~.J I ~ '\. )1 ,/ 1...<:" l' II k\ ~ "L L 1--' '-., ... _-,l , ~fvL vr t\t:pn:'sl'rltJ ~ ~ ','C .~/? (: !f5' [ J tC' I 22--.3' ( ( . . NecesSCLv'j H;tjjatlofl1 mea;Xt.rec;;,: ~racfJJ,,_plaJ1~ are reqUlrec/. :::>TR€:E:i ctE.C\'CC\.-rIDV\ To o...Cc.o,,,,,-\- br 'lof\\e.\.SCc\\\~" -\"(C'1""S,I""l,,,,,", See Gx: \-Il~ ,"T "s" 1=0.- dc.-\-C\.! \ s. ' cj) Cl"b 7:J- cn,...:t\i'.(, Q,\.d S'\~\o..Ja..lk.s 0-Y€ ye<!"-",ecl. A. c_ P~ve'1'1cnt a.lsu Y"e.ql.\.''<ecl oJ \"-\:~<..l,~", -t('^~\ \ to.\ C,,\d Q,\ GCcU'-tf' Qlie,_ €f) S-tlc:'e.\;-' \i'C.",\,::, Ose ~'~"t'~tYed. 0..... orc.Ns- Clve. ~ 1m/f,e. ~"9""l.\\ {ees \'Y\~ lo~ Cl,:>scSScc\ _ (jj Ifa.lIIe. -::'~jV\o..\ \i..b....lc. w'\" '<x n:'1L<,'red C\. ~ ~l\te\:Y..'c.i-;o,"\ c\\.\..C. t\) s\"c-ee.", W ;d.e..V\.~",~. (j) STreet "Jhtc~ On !f:Y/1)U:XL ;'YlLfj Ct l'f1U.Jed To rY1Cd.C1.1 if st,-ed (,eJ.de",-,'0 Y'eC/,A.\\rcd ~C&. GJ @J :See atf.culie cl I .., ...J-......... LvOo,:, ':,eel '0" 4 I IlJrL...:x::ri..~;\ fr411S. Tr -J'I ctfa.ds :J. 2" 'IfJ .I ( ( I . / .. /, / / / 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 ~~ 2:IMAX/ _ ,.....-/ PARKING sJ=:' "'100'/104' It """0'/12' 8 I 1 LANOSCAPED 8UFFER AREA -B 32' e' s' 32' .. - 5,5'/8' "5.5/B' - r 2% i...-"'" I '-... 2:1 MAX ' I~ PARKING "'" 20/0 2% 2% 20/0 -- "" I ~ - I It. I 12' 12' 12' 12' 4-LANE MAJOR "104' RIGHT-OF-WAY DUE TO B' SIDEWALK IN COMMERCIAL AREA ! !-- - -- ~- .~$<) - ..~'T ._..~ 1\1,,---,,-- _~ " - ~J--T=r . _' f_. ,-_" "oj -'; _';'_1 ,~ .J I::r--::.-~- J _' , 11j =;,-- ~~-- - F-=-kj- - -:0 a~-____ "i ~":U I ' ((~"~--:j,--,~;J~-: - - ~n_ ~ .._,~ ,,~~ I _ i ~ I~~ - . - . -' "~I -' .: ..: .:. . . , . . ~,' , . '1=.' 1-- - - - - - T -..I) _ _ _ It). U I I I --J< -"--,a-__,,__~~ ~l-}-.-'-- - - - - - - - - - - - - ""t -.." - - - .J.<> .. T .. ... .. ... .. ; : IT ... ... .. ... I , ( 10 _ .....__J_~ I..... __JNC I_."~ ;,,x, r~",. ,,,..;t;.4{ #lOrN SloeS.,. f"I.€ cU.,TC.....I-w; ,..u 01'" CUNtf. ~ ,..u or CU'cf D;}{J81r "EO 4-1.AA€ #AJM 4,' , , I, ~ / . .' , , . . - - .. J I - / .. .' : " ~c' t- -' .':, , .," .. .- I' j' _ ,I-\,- . 'I I ,01. , - ,- ", ; 22-'1/ .. ( ( , - 13 - 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 (""\ I 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 ( N ( - ~ . I !' '" !'" !' I~ !'" !' II ~ 0 0 " ..~ n", n ..-. ..- a. ~ n "0 "'''' ...~ -".- n~ ~ 0 ~o "M .. ".- 0 -~ ~ -." n '" ~ o~ 0 .... 0'0 ~~ ..~ :. .oN -~ '" :::!; ~ ~ - - ~ -0 "" o ~ ~ 0 < ~ ... -'" a. .. O~ O~ ~ - a. ..~". M < j!: ~.. .. " 0" M ~ "'0 "''' ..~ ~o... '" a. ~ ,,- ~ '0 ". -~ M _ ~ "M c: ~'O ~ ~ ". .... n.. n~ n ". n. '0 "" ~ -~ 0_ " " ~ - -~ .. ~ ~ = "0 n ~n ~'O "'0 -n "" -~ 0 ~- ~ .. .. '0 -~ ~~ ~ ~ " OO~ -" <> ... .. " ~" ~ <0 N ...." ... ~ "n" n '" ~n .. ~.. 0 ,,~ .." ,,~ "" 0 ~"'n ~ '" 0.. ~ . .. ~ .. .. 0" ~ .. " .. 0 0 .. -- .. n 0.0 ~ll -M " .. ~n .., ,,~ 3 ~ " n ~~ M'O o~ n M M ~ a. _ 0 . n ~ ~- ~o. "'~ .. o- n ... ~ 0 ~ -~ .. ,,- -~ ..~ ~O 0 ".. " .... ~ 0_ M~ n_ ~ ~" " ~ ... ~ .. -.. .. <~ 0 ~- ~.. " ~ 1;:c.. '" '" ~o ~M M -" ., n M ~~ '" '" ..< 0 "... :. .. .. " :. "'0 ~ .. '" ... .,.. .... " -n " !: ~.. .0 <r .. ., ~ - ~ 0 ., o ~ ~ O~ " " <> >- I ., ~ " 0" 0 0 ~~ ~ " .. r- ...... .. 0 0 .,~ " " M". ;- ~n -" ~ ..,. M ~ " ~ " .. ~ ..~ "M '" 0 ~ ".- ., 0 2g ~ -'0 '" , 0 " .. 0 " -" .. .... . .. ~~ :: M .. !: ., a. '" '< n" 0 .. :r.. .. ~ a. " '" .. ., 0 00 -" ~ ~ 0_ .... ~ .. <> M " ....., '< '< , 0 ~~ " " -~ '" ~.. ~ .... ..- a.,< '" - ili " , " " ~, ~ " ~o M "0 , '< ~ .. ., 0' - ~ " -M -" ~ '" -.. 0_ ... .. -0 .... ~ .... 0._ " .D 0. <r -0 .. ., -~ - 0 0 -M n.... r- ~ <r ~ " ., "" .. -" '" .. "9 ~ ":r n " ..- ~- .. ::. .. n " 0 >- :r .. ~ .. 9'" n '0 .. -< .... la n _ '" ..0 :"" '.' -" ." d 0 ... " ~ 0 '" M = .. a. f: .... p< 0 ( 1\1 h K 1><, ~ I~ ., '- '\ \ \ . '" '" .... . -n If If !'" !' Ii !'" " 0 , 0 .. - 00. '0 ,,-< .. 9r- n ".,'" "n " ~ "0>- ~a.>- n ... '" 0," 0," n o~ 0 ". n 0 .... M ":r .. -~" o~ 0 M " .... ~ 0 ... :r .." 0 " 3 :. < -'0 .... .. .. .. '< .,.... O. '< M M :. ~ .. .. " .. .... 0 .. " .. .. "... ~-- !; ....- ... .. " M ll~" a. ~"M ~~ ~ ~ ..,,- ""'" a. 0 -~ ~~ a. '0'0 .. - ..- ~.. 0 .. .... .,'< " n.." .. .. 0 " 0" ~ri -~ --" .. o.~ <r ~.. n "'" - .. ". ,,- 0 - .. .. " n '" ". .. 0_ 0 " ~ ,,~ ". '0 .. ~ " ~ :r ~ -- .. ~ .. ". ~" 0 ".... ., " ~ ., 0_ a. _ " 0 " -~ -.. .. "0 " , .... 0'0 n 0 ~n n ~ n '<- -Mn '0 N~ ~.. M MO~ " .. .. " ~ ~ .. " .. '0 .. n '<on ~ .. 3 -~.. 0.." ~ .. "''' .." ~ '" ".. " .. 0 ~ '0 .. .... ~.... 0 n '" ~.. .... 0 ~ ~ ~" " ~ M ~ c... " 0 ,,-- -.. ~ .. ~ 0 .. ~ 0 .. 0.. M nM .. MO " " ~~n .. 0" ~n .. 0 M a. .... n '0 .. ~ 0" " ". n M ~ ,,- ~". n " 0 0 ~ ~M .. .. M _ :r .,..., ~.. .. - a... .. ~ a._ n .. .. 0 "" 0 .. "0 " .. n .. " .. "0. n r ., n ~ a..." o~ ., " .. ,,~ ... ~ ~ -0 .."... " "'0 n 0 ~o ~.. .. " .... .. .. 0 ;- < n .. -" M ~ M 0 " , - M M .. .... M ~ "" a.n,< :. .. 0 0 " r~ ..- :. " .. =- ~ ~". M '0 ~ ~ M .. "." ~ .. ~ 0 " I ~ .. .. 0 M .. ~ ~ M ..'< " " .. ~ ~ ~" .. ...... n '" " n 0 .. .. , .. .. .. ~ .0 '" "M , ..~ - _u n "0'< ., ~ n .. 0 " " I " -0 " ::. " -.. .. 0 "'0 .. ~ " .. n ~ .. ~ ~ n ~ 0 , ., 3 " .. 0 .. " .. ~ 0 g= 0 .. r ~~ 0. " , .. ~ :: -.. -n 0'< ~ :: u 0 0 - ~ .. 0 n .. " .. 0 .. " , .. .. " 0 , .. " .. .. 0 ~ ". -- ;- .. '< -.. , , " ~ 0 ~ " .. 0 ~ n .. .. .. .. " " , :: 0 -.. -" 0 r - 0 o.n 6, " 0 , .. -:::0 ~ ~ " - .. .. 0. " 0 .. .. u 0 .. .. " " .0 .. n ..,< .... .. :: ~~ " .. 0. C " ". " - ~ " .. n .... 0 ~ , ~ 00 0 '< 0 n - ~ 0 " ~ .. " M ~ ~ 0 -.. o. " ~ ~ .0 ~ a. -'< - ~ .. , :; ~.. .. ~ :; , .. ~ .. la . . ." <> ... m " ~ ~ r- I~ ~, Ix P< f>Z P< rx. 0 1\ 1\ 1\1\ I~ , :2- 2 - 'II/ I ~ en I I ~ " I W.,n 3"0 O"~" -" - .. -0. ~~ ~ ~ -~ ~~.. o -wn ~ , ..~o -~. -~.. "~a < -~ "- --0. ~ a_ ~~, ~.. ~ a -::. "'< a .,0 "" w ~ ..~ 0. '" .. a ~ .~ I. I^, ""0 VI VlO ""Oz:rn Vlnr- Crtlc..t1c,.Ooon_c.. O'"~....,.,rt>,_.c:~/'t),~ --""rt>~~""Vl"";:)nQ, ......3 ~ /'t) ......(t) ....c n....'<Vla. ::l-,n.....c n "0::'1 lQ < DI VI a. a. Do :r... fl) n .....__ /'t)::o ....10 0 I'D 0 :y;:) a " ~ , w .. '< w ~ ~ o " ..., w~ a w -..., -.. -~ ~"< .. ~ 1111111111 I 11111111111 . , N"-/,J<c ~.:..~!>.1?<.. !' 3" _ o~~ o"w -a ~ _a ~ ...... ~ o ~n , w , ~o ~-~ ~.... w a ~~~ -0 o -VI. ,,~- w..~ ~ __I'D 3 ~ ~n c ow~ c a~ ,~.. a~a .. ~ ~ - ~, ~ 00 3 w ~ ~ "'< w " :{ ..or 1><:.. ~- ~~ .. ~ ...,~ ~.. -~ 0, ~ 0 -~ ~ .. ~a ~ .. -a ..- 3.. "w ~ , ~- ~"< o ...,~ n ~o ~~ ..~ C'>~ .. ~ " .. .. " ,~ w -- 5. ~~ -~ ~ '" ( ~ !' I~ .o..n c..., 0 w...,c -.. - -n 0. ~~ '< ~ ..~ o~.. ... O"~ nw... c,< 0 '" ~ -~.. -Wa n~~ .. ~...... w .. ~.o ~ "cc ... w_ -~ ~ - c~_ ~,<" =~Do "wo. ~ ~.. -..~ , ~- "9 ~.. ..~ ...~ ~ I/<- :-0 w Ii n...r g.~:::; .. ~~ ~ -~ -O~ wc.. -~ n -0... 3'0 n ~ w~o a w ~ ~nw , - w.. , 0., .. .. W C ~ ~~ ~ .. , ~ n ~~ ~.. ~x ~ ~ ~ ~- ~:J ..~ IX CD ~ Ix.. If<. f'- "we ~ .. ~n .. ~ ~~ -'< n ~ ~ -~ oa .. ...w -~ n ... cao -~~ ~w 0 c~~ ...~ w w.. _ ~~ < ~w w_< -n .. c" .. ~ ~<~ ~o .. c -~ 0.0 ~ W.. ..., ~ ...,~ .. n w ~ c ~ ~ 0 .0 n c w .. c ~ .. ..0,. c ~~ -0 ~- ',< w ~~ ~.. ...~ w ~o ....., '" _.~ .." ~.. -... ~.. >< =- ~~ -.. _ 0. ... .. ~ o ~ ~ ~ ... ., n g-4 t'D::ro :::r ~Q,o-/'t) -~~ 0\0 .... In :;!roc:c: w ,~ ....._/'t).... -~ ~ '< ow .....n.,:. - ~ -~- 9..w w 3- ~~ ....w , - ..w~ ........1'1) ~c... ~'w ....~ ,. o -0" 0... n 0 ww_ -~ 0<""< Do ~... 0_ ...~ 3 ~o -< -.. -3 a.. w~ ~~ ~. ~- ~~ w~ ".. 0., w..., , .. 0. , .. w~ _a ..... .0'" c _ w~ -" 0,", ..." w ~n ~.. ~, ~~ ..w ~ ~ - 30 ~~ "0 "'" ~ w ~ -< ...- o .0 _ C W ~~ ( ..., ...J. ~ ..0 ~ C wo -~ -~ ~ '<'" -" n '" a o c 0. 0. .. ~ ... ~ 0. .. ~ '" .. w fl. .. ~ .. Ix..kkk a !' "or -... ~ ~ ~ 0.. ,~~ -~" a".. ~.. -~n -... ~ao C n -"0 -...,~ 0. ...,W -.. - ~a ~ ~... ~.. ~ .. c 0_ wOr ..., a _ ,,~- w ~ ....~ o " -0... 0.. ~~~ -~, a,o wc~ -a 0 ~ ~ o-w ... 0_ ~ n ... wo.. -...,~ .. C ow_ ~ ~ ~~ 0, -.. ~ 0" = -..... -~ r"l.-+il) Wo -'w ~ ~ , c w n ~ ~ ~ c, , .. w .. ~o. -.< ~ .. o~, , 0 ~ , .. .. ~n~ ~, ~ ro 0 <.r: n , ~ ~ ~ n w ~ 'n~ ... .. ~ , O"w r _, ,,, n ~ 0 "o~ ~, o n..., [:0..-;:: f-< K ~ 2 - '15 ~ .. '<~ ~.. 9 w " ~ .. ~ w ~ a .. o ... -0 ~~ '< o ~ ... ~ w w ~~ 0.'< w ...'" o.w -~ o ~ w w n C ~ c , w >> .. ~ o C , n .. ~ ~ ~ ~ , "3 . w -~ ..~ " ~ .. 0._ w~n ~~... ~oo .. ~ ...w.. ..~n 0. ~ W 0, _ .....~ w~ .. , ~ < 0 o.~o. ~ _. C 03 n n -~.. r 0" "0" 0,. ... ~ ~ _. 3~ o ~ ~-, ....., -- a w ~ ~ .. ~ ~ ~ n o ~ 0. -- ... ~ .. 3 ~ . w.. ~ ~ ..... w 0 ...~ "'.. '<a ~ ~ ~~ w c ~ '" -~. 0" ~ a w~ .:1~ o o ...w ~ 9 Ow ~- ::;... ".0 C ~ W 0- c _ , ~ a,< .. -- 9 '" w n ~ I~k J ~ ~ .. n ... o .... .. n ~ ... .. ~ C o ~ o ... o 0. .. ... ~ ~ ;- ... c 3 .. ~ 1><" w :(:(=rOAon --.'" .........0 ..........cr ......c: O":::r_Aoro..... -- .....::'Ioc.. ........c.._.... -. :::r..... 3 .... /'t)f1I 0Ic..=r ~ 0..... (;) :3....... ., Own <....."0-,., ttlC__/'t) 0 3 n 01.. w. rt>::r:;l rt> :J M"l'tln ......... :J.... ~oo. Oro""'lQ.on. ...,n ~ ....... 0 <.n ., Ao<t>....rort> :J..... ::::r., n ,,<.. r::> I';J.... ,0._ '< , 0 -'0 ... nO. o .. c " -.. no.~ ~ .. w_ ~""n ~..., .. 0 n , ~ o w~ ~ .. , o , .,:J n I'tl ~~ n :3 It> J VI ..... .., t:> T~ ..... l.O...... r::>'<; ,.. n w, ~.. o " ,,, '<.. '0 .. ... ~ -n o.w '0 C ~~ ~.. 0... -~ -0. ~ ...,.. 0. /'t) .3 .. " -.:= :" w ,. ... = c w ~ '< l~ " /15 '" II la '" o - ~ I':': ,- ," N ~ :" ~ ~ '" o.n z 0"_" '" " n .... "n or 0. n <= ~ " ~" 0. '" n II ~ 0. ~ ~ 0. ~ ~ 0. ~ ~ 0. 0 ~ 0. ~ ~ 0. ~~ 0. ~=. ~ -. ~ ~ 0 ~ ~ 0 3 0 ~ ~ O~ ~ =. 0 0. ~ ~ ~ _. , ~ ~ 0. ~ , - ~ ~ ~ 0. ~ . , ~ ~'" 0. ~ ~o. ~ -0. 0 n", ,~ 0. ~ ~ n ~ ~ Q " v'l(n:cn "'tJ ~ ~ , ~ =- ~~ -, ~ ~ ~, ~ -, ~ 0. ~ X 0. ~ ~ 0. 0. ~ ~ n 0 ~ , 0 ~ 0. ". ~ ".~ ~ ~ " ~ "". ~ -. ;;~ . ~ ". ~ ~ , ~ '" ". ~ ~ ~ ~ ~ ....- ~ ~ ~ ~ ~ -,~ ~ ~ ~ ~ ~ ~ 0. _. '<. ~ ~ ~ ~ n ~ N o.~ , 0 ~ ~ .~ ~n .... 0.", ~ n ~ ~ ~ '" ~ ~'" ~ ~ ~'" ~ ~ '" ~~ 0. n ~ ~ ~ ~ ~ ". . 0. -'0. -" 0. ~ ~ ~ ~ 0. 0 ~ ~ ;- ~ 0. 0. 0.0. ~ ~ n ~ < 0. ~ ~ ~ 0. 0 ~. , '" < ~. ~ ~, ~ ~ ~ ~ n ~ ~ ~, 0. ~ n ~ n ~ , 0. ~ ~~ ~ 0 ~ ~ 0. , ~ ~ " n ~ ~ n ~ ". n ,. ~ n ~ ~ ~ n ~ '" 0 n ~ ~ o-~ ~ ~ ~ n ~ Q 0. ~ ~~ ~ '< n n ~ ~ ;; ~ ~ n '" ..~ 0 0 0. ~ ~~ ~ ~ ~ -~ '" ~ ~ 0. ~ ~ ~ ~ , ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o.n ~ ~~ < ~ 0 ~ ~ ~ - < ;;- ~ ~ ~ ~ ~ ,,~ ~ ~ ~ ~ . =. ~ ~ =. ~ 0 ~ ~ '< ~ 0 ~ 0 ~ < - ~ ~ - Q ~ ~'" ~ 0. o-~ ~ ~ ~ -~ 0. 0 ~ ~ ~~ 0 ~ ~ -0. ". ~ ~ ~ ~ ~ ~ 0. ~ 0 c ~ ....~~ ~ ~ ~ 3 , ~ ~ ~ ~ ~ -~ '" 0. ~ ~ I 0 ~ ~ ". 0. '< ~ ~ ~ ~ ~ ~ n '~ ~ ~ . ~ 3 n '" ~ '< 0. ~ " ~ n c ~ 0 ~ -~ , , . , n , , 0 ~ '" ~ "' n ~ 0- ~ ~ 0- ~ 0. "n " ~ ~ , ~ , 0 0- n 0. ~ ~ n ~ ,,~ ~ , ~ , , ~ n 0 ~ ~ ~ ~ '< n , ~:,; ~ N ~ -a 0. n n ~ ~ ~ ~ , , , 0. 0. , 0. 0. C , ~ n ~ ~ ~ 0. ~ ~ , , 0 n ~ ~ ~ n " ~ 0. ~ . ~ 0 0 ~ n , :; ~ "' ~ ~ , "' Q " - ~ '< ~ , - , ~ 0 o~ ~ ~ '< , , J ~ I I I I I I~ ~ 0 1><' ~ I I I I I ~ ~ ,. r ~'" ~ t~ f"1rfl;!"iY- Ix: iX ~ I:; , 2..2 J/f, -,... 0 :3_:ro a....._,. -"'n "" "n,. ..~ ~ n""1(~ #"/I _. "'" -0 _ "< ~ --10 .~ .. "n 0 c. ~ . c ~ .~n ".. ~ I:r"".~ "". -"'< ,,~ .. "'~ ~... . "" ~< ..-- -. .. ~-o ,. " ".. .."'~ < " 0'" ~ -.. . ..~ .... n '" ~ ~ ~ ;;;' n o ~ .. ~ !" ""-10_""_0 ---.., =r_:t 0 --OOCloQ.c.nl tDtD~......".._... nn tD .,< "....1(n""'_.... """" -....::rI:rQ.:r .... .. --C .. 00 ::r Go '" Go -- ., -.....--'0 .....:::J ......, '00, 0 "< 0 .,......n,_ _ 0, 0",1""'1__... C7", ... :::J 3 C:_n Clo"" .......... 33...._ cr --:::Ic_. --1'\.... 0.... -"'::r nlc:n..ClorClortDGo "-.,-"",,0.< .....,...Go .-_.. tit C:.. cr.. < "':::10-_,.0"_ c:.... -.. --c 3 .., .."c:....'O "'101:)1(n Go ..,c..=r....nnn 'OO.........Oc:... ..,c.....,.. ~ :::I::J """ 0.. O....c c....OlC<....__C ........, - Q.Qo =r n....O..Go......_ ... -J::::I..,_n "''''''''' Q,<=r -:::Inc.-a.. -c.... :::I_.....Qo -o..Illo"c: .., ... :::I _ ... :7".... <3n tIt::rn -"0 Illooc.Qo:t :::IC:::l, ".~ '" - n . ( .lCO_OI>>O -,. 1"'1... _n 0 =~.g~....=:: 0., 0.,. ". a.... -.::s < ,.. ::s 3 \0 '" ::r a. 0 -'0. ,. C _::. a....... .., nl'D:rlC 1'D=;.....~~6 1(3"'0 ....c.... I'D... :::JID'ttl --.., ::s.... n .. - ...... < ro.... "~;;~;.a :r :1-.... 0 Do ,..-.....IO::s...< 0... <:::J 30 tD ~ < ~ ----.::..... .... :To"c: "'''''::r:r "':::l Oa.I'D.. <oQ t7:::l_ - I., 3 0..'0 c: ... -. /to 10 ....0 .....tD::IO"""... ~~.........~~~ I'D ......... < ... - -o..........Qo -3tD ::Sa. lC....O .... Clo_::I_Qo n::s '" >r.a ... ... -. .. 0 "'-1(... ....::r::r < -.0 "'n.. ,.~ !' ~~o ":To .... ~ ~ "'"' -" ~ <. " ~-~ ..- ~-o -.,,< .., - 0 "< 0 c.... ~~ o n .,,~ ~ :r ~.. ,. :T . ~.. < " '" "'< ,,-. < .. -.0 '0 .." 0 o. ~ ,,~ '" . " " ~ ~ ~ ". ~ . -0 .. ~ no " "0. ~.. .", -.. -. '" '" !" '" ( ... '" n.a ~,., '" . ~..,,.O .. " o~c 0 '" C:;'I: c:__ < . -....-0. ~ ~ .,.~ ,. 0 ~ ~ .. ---::r - '< <:J::I,. " .., "'''' '" ,,~~ c ;- ...n.... n --.0 .. '" 0 -:::l0< . ~'" " - ~ " n "'n " '" ....-QotD ~ ~ o ::.~ .. 0 ~- '" ~ ",,", .'" .. " ~ "0 _ ....nc....., '" -.. ttl"' =. '" n 3 :::lQo...... = .....:::l...:::l "'0. ~ n ~~ . nn" " 0. 0 60 0 n ::Ie...._ .. ~- "'<~ 0" "::rCtD < . - '" < ",,, -~ .. .~ :To . .~ < '" "'n . ~ . " " "'~ . ~ .. .. ..." "'''' '" .. "'" n" '<n '" '" ~3. n~ "" . ~ . -" o "'" . "'" -.. .", "'" -" n '< !' "", -0 .~ ":::. 0", .. - C:"_::r). '0 Do_I>> ~~!.:::l ".......,.... ......a.:1'f:" n -c.o 00 co ::. :::l............ 0_0 .... . "'Qo ,.. - C::I -:lOa o _""" :1,..-...)( ......::1".60'0 .. ,,- ono ....1'0... 00::... 11>_ "'~ 0 :::s...._:::l ~n_ -"0 00..0.., ~'" - ~" ~ Qo.o..::r :::l _... n" Go ::Tr.a .., n... .,. n 3 _ --00", a.nCClo "'0.......... ,,- '" ~~" 00 00....... .... '" . " '< .1 , I '/ -1~ H-.. IX ,J1- K IX ~ !" ~ . '!; 11 - " . .. 0 " S1 . ~ ;- < ~ < '" la II l;g . .. 0 '" ~ ~ <. n .. 0._... ~ 0 '" ~ :r ~ " ~ n ~ 2 0 -'0 " '" .. ~ ~ ~ ,,~ ~ n ~ 0 ... ~ .. n ~ 0 ~ 0 ~~ ~ " '" .., ~ "''' ~ ~ ~ .. ", " "" SO n ~.. V; ~ 0 0 ;;- ~. ~ ~ '" " ~n ~ ~ ~ 0 i!: .." ., .. ~ ... 0 0 < c; " <.....~. ~ ~ ~ ,. .. n _. ~ , ~ ~ 0 ~ " :? '" -,~ ~ 0 ~ ~ 0.0 r.; o ~ .. ,. ..... -. OJ ~ c ~ -~ ,U ~ ~ '" ~~ ~ ~ ~ " , 0 " n ~,u ~ ~ ~ n ~ ~ " ~ " ~ ~ ~ ;; , 0.;:: , '-2 -~r a. L :r , ~ < ., ~ ~ ~ ~ .~ r~ ;J " . 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) 2~"Y 371:1':Jr; ON \2 . . . . ~ ; ~ i ~ t ~ ~~ \ !. \ "! l . . . . . ~. 9-~ t\{{ <po ~....~ ~" 0'" !C Iy "J/)J of.' ~ooo \...l~ d ill! ~ ~ < o 10 ., > ~ ~ ~ <: u '" ., c: .s . ., . . ..J . I ~ I . . ) 3- s-: .... ~ I '" ..J >- >- 1 1 I I I _I ,1 0'-1 ,..II ~I ""1 11 ",<.I)I ....1 ~ ... 1 '" I 0: .. o I'" I 1 0 I '0' ~~ ~\{ <tP ~4' ~" 3717')9 ON - ,2 Q~' /' l . I Q i ~ I ~ ./ ~ /y ~"\ . : l - - -.,. .,." ,. ,. ,. 0'" ,I?i Iy ~<o 0'" ,I/} Iy ~'1J ci Ilo! ~ ~ o Q) iLl > o E iLl t:t: '" - ... -= ~ ~ . . . . I I . 3-<' ('II ~ ~ ! W ..J .. .. I I I I , I .: ~I >-~I ~I CD" I I >: (()I ....\ 3: " I W I cr .. o I " I I 0 I 371:119 ON - \2 ..,JOOO ,,4t1 -'"'" "/ ...,...".~ ()~. oQ' ~ .(~ . ~p~\ ~....~ f" oir) !Ii At ~f() OIQ !b Iy flJIIJ .;23 -7 l"l ~ ! III > d 0 '" E - Do! ~ III '" c: c: ... - ~ . ... . . I .. ~ . < . I 0 . .. Il) . . I I I I I 1 I -I 10- ..~I ~I ".1 , I ,,<01 _I ~ . I'" I 0: I" o · I I 0 I I, . ~ ~ I~--=i-' I~ ,J ~ I 1- ,- <.1 /' ., ..~ ", ",&' ,>' v' Jr, ,~~! ...r-.... I 311 i I /~ f II. ,11 . . l. 'e!: i:: ': .. . '," . I~ 1GTIl1l ~.. , .1;, . \ ~ .~ 1\ 1\ l '&l~' JJ.~ ~ ~ , " , ' "': I I U ~ -' . . l . . . , . . . " , . ~ ~ D ~t f 11 e.",.fA A} tl:.J. .. .' 0" ..- _ ~ " -z " , :P.~ f -s; ~~ &. fJ +'~ff . 0 023-8 Iol ().,j ~~ (I) . o r:t: < E-l H ~~ ot:Q r:t:< ~~ H..::l ZCl 00 t:QE-l Z OU) ~~ Cl H. r:t:t:Q E-l. U)Z ~IO rz;lO ZCX) I H :E ~ ~ w ... to to I 1 , I I ...1 .. ";', ~I "'II ...1 II CD (1)1 .... z I it I'" I c .. 1 a: I c o I 0 J . '. ~f~ i1> , tV wf- --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 ~.... , . ,-~ . 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. WPC 1369T ~r-J >- <( E E <( E L.U E <( L.U L.U L.U E E 0 0. 0. Z 0. '-" 0. Z '-" '-" '-" 0. 0. "" 0 '" 0 Z 0 Z Z Z 0 '" 3: 0 ~ "" <( .,. <( <( <( ~ .,. '-" .. :I: .. :I: :I: :I: 0 Z ~ 0 0 u en u u u ..... ..... L.U ~ ~ ~ ~ , , , V) I- , , , 0 E 0 0 0 E E 0 <( ~I E E E Z '" Z Z Z '" '" c.. '" '" '" '" '" 0 0 0 L.U '" '" 0 N 0 "" '" c.. .,. "" "" c.. 0 '" <0 <0 '" '" '" ~ V) '" >- E E E E E E E E E :I: <( 0. 0. 0. 0. 0. 0. 0. 0. 0. 0 0 0 ~ <0 <0 N 00 '" .,. '" "" "" '" N N '" '" '" '" 0 L.U 3: '-" I- Z en en ..... ..... en en ..... <0 ..... Z I- ~ , , , , , , , , , L.U Z l- E E E E E E E E E u L.U <( ~I '" '" '" '" '" '" '" '" '" V) '" 0 0 <0 '" N en ~ 0 ..... L.U <( <( L.U L.U N .,. 0 N N .,. '" 0 ~ '" Z Z '" c.. ::> c.. 0 '" '" <0 '" '" '" <0 en <0 I- <( Z V) L.U -' ~ ~ 0 :;: 0 0 <( 0 0 0 <( 0 0 0 0 ~ "'~ L.U 0 0 Z '" 0 '" Z 0 0 0 0 N"" V) -' N N .,. 0 00 0 en N 0 <0'" 0 <( -+ c.. ::> "" "" N 0 '" 00 00 ..... 0 <O~ 0 Z "" "" <0 00 0 ..... ..... ~ 00 .,. '" Z N ~ ~ ~ 0 c.. <( ~ V) L.U 0 -' 0 0 '" 0 0 '" 0 0 0 0 <( <( N ~ ~ 0 0 N '" 0 "" ..... 0 0 0 z Z '" :;: ..... N ~ .,. 0 '" .,. 0 00 N L.U l- N V) Z -' .,. "" "" <0 0 '" 00 00 '" ..... CX) <( L.U <( N '" <0 <0 CX) ..... '" ..... <0 ~ <0 :I: V) ::> ~ c.. L.U Z '" Z c.. <( Z <( -' V) ~ ~ c.. 0 L.U "" "" L.U V) ~ l- V) ::> N ~ "" :> 0 c:c "" N N '- ~ '- <( "" ~ ~ ~ ~ ~ u c.. "" N Z '- <0 0 N ~ '" 0 ~ c.. Z ~ V) L.U l- V) Z ::> L.U c:c N ~ ~ ~ ~ ~ ~ "" ~ ~ <( ~I "" V) Z ~ N L.U en '" 0 ~ en c.. z V> ~ OJ >, U S- s; ~ c:: '" c:: OJ OJ " ~ "'~ ~ " c:: ou E "" c::"" .,. c::r '" L.UZ "'~ ~ OJ .." V) L.U '" ..c: 0 .,. 0 S- O::> 0 '" <( .,. U <D <( o~ 0 <D 0 l.L. c:: c.. "" .,. Z '- '- Z .,. 0 N '- .,. OL.U 0 0 0 '- <D 0 V>S- "'''' "" Z "" 0 "" OJ'" "'C c..l.L. N .~~ OJ OJ U='uc C 0).,.... c ex: aJcv>ttl'U"') ~ ='O:::~r-o s; c:: CT_ OJ a......... OJ V) E S-v> C::OJ I-Z L.L.. ~~ a +J ZL.U ttl' nj.,....:::J L.U::> '" '" 0 '" '" 0 0 0 0 0 <( <( Q)~Q)+-JO V) "" ..... CX) ..... <D CX) CX) .,. CX) N Z Z ~""Ca..njC:: L.UL.U '- "'''' ...., "'''' 0 :J. r{-(, EQJ4-c~ c..l.L. N .,....::I:4-aJ.- X OES- o.::.t.............Q)Q) s... u.::.t..-- E I- <( a.Ottl'c..s... 00 <D Cl..- Q) E 0 <D 0 ~ V) c:(wa.._l.L.. "" ~I ..... '" -' V) ~ <( <( '- <( L.U ~ N N "" .,. '" '" <D ..... CX) en ~ l- I- ----- U 0 0 0 0 0 0 0 0 0 0 0 ~ := 0 .....-IN M "d"'LO c.. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... Z ----- 3: '~. ..-- 1\...2: !li .~ a ) z ( < "''& ~ H ~ "' ~ U] '" or: 0, @ U] "' Eo< :0 0 ~ Eo< :> ~ u Cl "' ! U] 0 0, 0 ~ .~ 0, ~ H 1 I f I I I J , CHULA VISTA TRANSIT STUDY , I Prepared by San Diego Metropolitan Transit Development Board in Cooperation with the Chula Vista Transit System and Crain and Associates Consultants December 1990 ;;v.. ( 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 f r r r I r I I 1 I l l ~ 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 l L L ~ 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 -2- ~t~o 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. -3- #- 'I-lI 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 iJ. ~ -(L 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 ;J. "--/3 Paqe 3 6 8 10 11 14 28 I r r r I I I t I I L l ~ l L l ~ Paqe 5 9 21 23 26 j I ; , I I t CHULA VISTA TRANSIT STUDY ~"-I" t r f 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. i f I I , I 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- ~t("/) Attachments: A. Recommended Chula Vista Transit Route System B. Proposed Service Parameters C. Chula Vista Transit Study Draft Report Board Only I I I r r r , 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 I 1 b ~ l L L ~ , - -4- ~ f-/~ l f f j J I I I I 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. I" f r r I I I t I I L L ~ l L l ~ 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. ~~.,r -2- I f ) . ~ .' .' l>li Ii I I" I, _.....,..~~~ -:..n...' .' ~ I, i ~~ I ~ Ii ! I i ~ I ~ z fl" "f 1 ~ " ~ 1i!11~!'~n I~ Ii ~ ~ ~i I ~, ~~ I ". g~ il~ I~~ ~ I! ~ ~ S -, Ii ~w ~ z i- i =c I!' ~ ~! . i~ ~~ ~I leI I~i I I~ ~ 8 I 0 Sf ~ "~ r~ ~ t w~ ~ ~~ ~ I~ Ig~ I 31;1 ~ ~ ~ ~ j' . . ~ i I il I . I ~i ~ . , 8 I c ft i. . .r:. ft . ! ~ 2 Z . II E ! .. · ~ iii ~ ~ . = . . ~ i = . ~ s . . . ! : 0 0 : . . r r i I j I I ; ~:._h._..--~ . . . \ -------------_.-.\ \ ,....- ....: \, /1 ~ ..':::;"'..- _______d-- --_.- ;2'(-11 -3- , ~h T r ~!. i iJi ~ '.0:, w (.) - > a: ... w . tn .. 5" iL Z - I- tn - >< W I- - tn Z e( a: l- e( I- en - > e( ..J ::) ::E: (.) m c I- :E 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, ~'l-1..() -4- Revenue Hours 41,968 42,359 46,232 , I I I I I , r I I l ~ t l ~ l ~ 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 FYSTATS.DMW ~~~~ I -5- ~ J I- ." ." (~ W ., I- W I- 0> II: CD z ... .., z II: .., - ." c ci :i g c Z .,; ce .. w Q ce w 2 f :z: ~ ~ c ~ w :z: :I: c \ ~ ffi ~ I ci W I- W (I) It It :> It (I) It a: ' =:I .a:: 0 I 0 0 0 o I t: z CD !:: z CD r (I) en z z ce ce . II: ." II: ~ . ." ~ ." ." f . '" ... ID >- ci .. >- ..., . ce .,; ce 0 .,; Q Q t ... ... '" ... ... ce l- I- ce l- I- ~ CD CD CD I CD It) ." w ~ r z ." 0 ." w z I w Z ." G) ~ Q .. ... ( 0 ~ 2 ~ 2 co I . ~ w % C ... . % C % C ... Gl ci ." I- W ci 0 ; , I- W cO ) t5 a: ... :> a: 0 I- W ." \ :> a: III ... .. 0 C"I a: a: / ., 0 \ 0 - z .,; CD / ~ \~ .. Z , ~' - I > III - :J ,z:. f CJ c ! :c: - ~ i I . ... III ,z:. (I) - ii w C III II: W ... ce ." II: ." ~ :z: I- ID l- ce I- ID I- CD III .., ." .., II! CD ." en c Z - c z :z: ." c Z c Z W Q ~ 2 0 CD W 2 W Q . ~ ~ c c C! en "! ~ c ~ c .. - W :> W 0 W W ci en It It a: t: .. a: a: a: 0 0 0 0 Z z CD (I) Z CD ce Z II: ce ~ II: Q ~ 0 ." ." Q ." ." - ... g ... ... II: "! ID ... ... W ., N II: . N A- W ~ A- ce ~ W I- \ l- ce l- I- A- CD .., W .., CD ." ~ ~ ~ z ." ." W Z W ~ ." It) ... 2 .. A- . ~ 2 ~ CD G) 0 ~ C % C C! 0 . ~ C ." % C .. .. ." I- W .. .. W I- W .. Gl a: W ID :> a: ... a: a: . :> a: o a: III 0 0 0 0 ... z . .., 0 z .; CD C"I -n- ~ Y.)..').. 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. i I ( I I I I I I I I l ~ l L L ~ 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. I , - ~,~ -7- I ILl ILl a: a: c c I :z: :z: U) U) l- I- - - U) U) z z c c a: a: t- t- >- >- c c 0 0 -I -I -I -I C C II 10 0 - . CD ... f :> ell 0 II ... C\I '5 J: () . 'a .. - :J 0 . II . .. c 0 - . .. II ILl J: ILl U) a: a: 1 c c :z: :z: U) U) t- t- t- - U) - U) z z c c a: a: t- t- o Q 0 2 - a: a: ILl ILl 0. 0. ~ ~ c C ILl ILl 0. 0. 10 0 CD ... ell 0 ... C\I -R- ~~- ;;t 'f r TABLE 2 r 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 ~ 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 10/19/90 ~ ~~- -;..~ -9- j f f WdOO:Z I I f 00:11 I I 00:01 _II =t- i J ,.... Z II W 0 I '5 t- D. I al :J w 'i 0 ~ a: i= 00:6 - 2 ., 2 0 'D < ~ c ~ II ... D. 'D III 0 c t- ~ II W W oJ UI w I ~ a: ... oJ UI I -10- w ::E oo:!! OO:L 00;9 .....00:5 ;ZV'" 2~ O~ O~ - ~ 4 I . I ~ 4 4 ~ 4 4 4 4 ~ 4 4 ... 4 ~ 1"'""""'1 l, 4 l l, ~ . l , - 4 4 4 .~ 4 .. 4 4_ .. 4 ~ .. 4 4 4 - ~ ' . . 1Ir - " . 'a 'a c c W :0>>:0>> < OCllOCll ~ ... t'I t'I (I) "" CD ,.. .c=.c= 0 0 0 0 0 0 0 '<:0,<:0 0 ,.. ,.. ,.. ,.. ,.. ,.. - .. - ... ,.. .. .... ::J.... a: o 0 Z rt) - - I I r r I r I ! I l I l l ~ l L L ~ , ~ W'8 00: U OS 01r W'8 O&:O~ t/) I- W w ::E > W ..J ..J o a: I- o l- t/) 10:) CIla:3 .. :0 ~Z o - I- < l- t/) I- W W a: l- t/) :J: O~ O~ W'8 00:0 ~ OS 0., W'80&:6 O~ O~ W'8 00:6 OS 0., W'8 0&:8 O~ O~ W'800:8 OS 0., W'80&:.L W'800:.L OS 0., W'80&:8 O~ O~ W'8 00:9 11 ~~-Xl i f r ROUTE-BY-ROUTE ANALYSIS AND RECOMMENDATIONS r 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 j I 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. I I 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. ,i - J..'1 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. I r r r I I I I I I L t 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; ~ L 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. l L L ~ *~ ~ - E , ; - CD ! 7i u Cf) CD ~ 1ii ,~ x 0 ~Z 0. Cl. 0 ..: co 0 ... ~ c:: .. . ~ 3 <'" <0'" 0" Ii ... .. ......... <Ou 0" ..." j~ .." G>- ~]l .... .. " E 0'" "'l- E Q) - en >- en Q) - to ~ Q) 0 ~ ::0 a: Ol u:: - .- en c ca .. ,S .... f ca ~ - en ~ .- > ca - ~ .c () 't:l Q) 't:l C Q) E E al 0 U Cl Q) I- ~ c: il'l'"- 30 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: j r I f f I j , I I 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. o o o 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. -15- ;/'1- 3/ 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. I r I I I I I I l l l b 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. ~ 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 l L l ~ 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: I ... -16~'1-3 "L f I t I f i I I o 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. r r r r r r I f l I l l ~ 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 l L L ~ .. -18- i1.~- 3'1 I f I { j , 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) f . \ . 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. 1 i , l 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. -19- ~V~3S- Service Freauencies - I r r r I r I t L l L 1 ~ l ~ L ~ 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. -20- ~'(- 3" J f I:: Q) Q) Q) 3 U ~ 0- ... Q) I::M 'N Q) .~ 0 Q) 3 00 Q) M I:: > "0 E+-> 3 ... +-> .~..... :::I'" "'1::0 r "0 ~ Q) '" Q) +-> I:: '" Q) "'+-> I::N~ I:: I:: ..0 '" Q) '" '" "' .............. '" +->N >+-> Q) "'Q) .....:J: Vl ... 4- Q) VlO 00;:0:: U >,...~ N Vl ~.,...(/) ..... U l'tI+o).,...fW') 0-'" I:: Q) 0 ... ..<::: "0 '" ~VlEo .....~ 0 U "'N'" '" +-> I:: , I:: ..... f '" U OO~ E..... .... '" 0 o Q)N .:3 ..... '" ..... Q) 00 +-> ;==.,.................3: +-> 0 ..... :;: ~..... I:: ~C::_ Q) 0:: ...... 0 0 '" O+-> Q) I:: ... +-> ..... +->"0 0.. Q) ~ ..... I:: 0 >, '" . Q) 0::1:: Vl "'Q) 0 Q) +-> ... .cS+o)QJ Cl :::I o+-> N'" E ..... Q) 0 J o"'~ I:: +->Eo +->'" +-> 3 0- "O~ '" "'0'" . Vl N 3: +oJ ~ ('\J Q)'" 3E'" ...'" Q) 3 +-> '- Q)Q) 0 >0.. Q) 0 ~C+-"""""CI) ~ Q)en 0:: UJ ..... c: ..0 ~ r- ... 1::'" Q) I::Ol .~ 1::0 >, ~ OlI:: '-I:: c:....... 0.....- E ..... "'I:: '" 0 VlQ) '" 3 J "'0 Vl..... 0 0 0- '" "'03 +-> '" '" 3 Ol '" QJ...... Cln:J NVl"O Q) "0 Q)O I:: Ol en Ol-"'M "0 I:: z: '-Q)I:: UU') '" O-M U'" ... ..00 U~O .~ ..~ .....U'" UO 0 :::10 U~ 0 Vl ..... U"'..... ~+J"'C""C U "'..... ... ..... "'Q) '" Vl ~ "'3 c:: or- c: -"'''' a> -'" :;: I:: Ol '" ~ I:: Vl'" ~ .... I:: ~ I:: U t UJ or- ~ 0 ...+-> "'OOl "'00 "'+-> I:: "'+-> "'I::'" U e :3 '" +-> 0'" U+-l S---' :3 +->..... W"'O :3 '" WO:;: '" ~ '" l- I z: UJ '" '" => W "0 "0 "0 "0 "0 "0 z: "01:: "01:: I:: "01:: I:: I:: 0 1:::::1 1:::::1 :::I 1:::::1 :::I :::I :::10 :::10 0 :::10 0 0 Vl 0..0 0..0 .0>, 0.0 .0>, ..0 >, UJ ..0 +-> .0 +-> +->~ .0 +-> +->~ +->~ M '-' 1:::::1 1:::::1 :::II:: 1:::::1 :::II:: :::II:: z: ~o ~o 00 ~o 0 0 0 0 Ol 00;: ~ ::t: .0 W '" l- e UJ e z: UJ :;: U') en ....N \0 0..... .... \0 :;: 0 NM NM N..... N W UJ '" u.. MN MO ..... ..... \0 M M 0 ......... .....N ..... N I- W <l: +-> 0.. :;: Ol ~ Ol "0 ... "0 I:: +-> I:: '" Vl '" '" I:: +-> +-> .~ Ol Ol -'" Ol 0 '" :::I Ol ... Ol :::I :;: I:: ... '" ... c::r Q) +-> 0.. +-> Ol 0 > Vl Vl VI +-> <l: ... u.. Q) e I:: Q) "0 ~ Q) '" I:: Q) 0 0 Q)Ol '" Ol 3 ... U :::I :::I ... :::I +-> ~ Q) I:: I:: l- I:: Ol Ol Vl Q) Ol Q) a> :;: >> "0 > ""0 <l:<l: 0 <l: >, ... ...... 0 '" Ol ... "'''' ..<::: "0 3 ..<:::3 "0 '" E+-> +-> I:: +-> +-> "0 I:: E 01:: "'0 I:: ...'" '" I:: 0 ~.- :::IU Ol :::10 Q).- ~ '" :::I 0 Ol ... 0'" ~ '" '" ..1:',;,::.:::.:::. 0.. 0' u.. Vl a> u.. a> 0:;: 0.. eo. <lI.ll> "~;::+J :L.',',',:;::S ..... N N M :J",:o 0 0 0 0 0-0::: ..... ..... .....<l: ..... -21- tX C(... 37 , c: .... c: r 0 0 0 '" +-' c: .... >, 0 .... '" 0 c: .... 0 '" ~ .~ +-' '" . '" V) .... c: "'+-' ~LO+-' Q:U LO c: V) r 0 V) '~o '" o'~ Q)+-, :;0 I-'~ :;o....+-' :;0.<:: .....0 UQ: QJO'\QJ> Vl Q)Q. '" U c:o+-' "0 C:'" "'I- .... <+- '" c: +-' +-' l- +-' V) 0 Vl "'c: '" Q: c: Vl '" Q:I- 0 Vl:;o Q) 0 V)Q) Q) +-' ""0 r Q) Q.l ""0 ::,- _01- Q)~ :;0"0 . Q: ucroCO -+-'<+- UQ) Q)'~ Q)+-' U 0 ..... >, UI- C:I- ~Vl c: ttJ'"t:H:':::+-J 1-'" '" "~ 0 c: '" . Q) a:l I- >,c: E::C >, 0 "'c: +-'<+- 0 0 ..cO c: r +-' 0"0 Q:VlO +-' ....+-'''' ">,Q) c: +-' "0 +-' 'VlU W+-l C"'O :;0'" Q) Q)U M'" r- Q) ta""O Q)I-'" ~+-' >'" LU .<:: .~ Q) U '" c: +-' +-' .~ Vl I- Q. 0 Q. EI- .~ E Q)E +-' C:'" +-'.<:: Vl >''''C: ::c V) ,~ OI- I N V') c...,.... ..c 0 N "0 N '" , '" Q)a:l ,+-' Q)Ec: ,..... Q) _::I: s......-- "01- _ V) ..c::o ::0 _o~ "'''' w.,.... n:I '" EO .... Q) Vl -"'+-'Q) c: >::ON -'" LU r-..... .0 -'" I- Q: ~ V) ~ '" I- <:T'" ~ ~ c: +-' ~ LU ttJ to QJ.,.... Q)Q)~ "'C:"O ::0 '" +-' c: I 0 3l..LJ~V1 Vll-o.. 30Q: 3::E:0 3Q:0 ~ Q: I- z: f" LU Q: Q: ~ U "0 "0 "0 z: "0 "0 c: c: "0 "0 c: I 0 c: C:::O ::0 c: c:::o ::0 ::00 0 ::0 ::0 0 Vl~ 0>, o..c ..c >, 0 o..c LU "0 ..c~ ..c+-, +-'~ ..c ..c+-, M c..o Q) c:c: c:::o ::oc: c: c: ::0 z: ::0 ~ 0 ~O 00 ~ ~O Q) c( c: l ~ ::c'~ ..c U+-' '" c: I- 0 0 LUU O~ l z: LU ::E: .... LO N LO - ::E: - N 0 U LU l Q: u.. CXl '" 0 LO CXl 0 - .... I- U .. c( 0.. ::E: L ~ "0 0 +-' '" +-' Q) 0 Q) l -,,::-:0 Q: '" I- .::a> +-' c: +-' "+> I- 0 Vl :0 Q) c:.~ .Q) +-' O+-' ..." <+- '" a:l '" ,"'"' :;0 +-' +-' L c( +-' '" Vl Vl 0) N '" ~ 0) "'>' LU <:: >, :;0 Vl ~ 0) Q) '" Vl I- o..~ E 3: 0) ~ >, L '" '" E 0 0) '" ID '" '" +-' 0 I- Q: I- 't/) +-' V) ::0 1-1- 0) V) 0) Q: 4- ~"O ::E: +-' 0)'" > +-' c: O....J '" E c:o ~ '" +-' '" Q)I- 00 c: .~ .<:: E4- 0) 0) 0) c: +-' '" >, Vl V) 0 ::0 0 0 0) '" "'''' c( a:l a:l c..o Vl a:l 0..0.. :;00.. ,+0) . -'" c: .............- arID ..., l- s..+-, Vl > 5;.;."0 .... LO LO ,-U ::f'-O 0 0 0 ... , uO::: .... .... ....c( OM -22- ;L '(- .3' c( , 0..1- j r Table 4 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 -23- ;. '1- 3' CAPITAL IMPROVEMENTS r r r I I I I I I l l b 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 l L L ~ 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. ! L. -24- I/. '1- '(b , , - - I 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. -25- ~'f- ~I f 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 ~ ! L -26- ;It(- V?.. I , I - ( I f r f I f I J 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- ~1-~3 .... W a: :J (!) u:: en W (!) Z <C ::c o W o '> a: en Ww en> 0- Wf- 00 z~ WID :::;:0 :::;:>- 00 O:J Wf- a: en U.O Of- a. I en z o i= <C ...J W a: - <n <n o <n tijOQ) +:; c: 55 a5 .:::: .- ::> U &.eQ) c.:::: EW 3: I W Q) w.~ > .~ o .Q) Cien ,g 0) - > C Q) 0..Q) > ~"OCIl 0. :J ~ ,gcnf- <n (1). Q) U) > " OJ 00- c: ~ > -" o.~ E JJ .~ o >- OJ " > C o OJ ~ :J o.C' "E ~ -u. Q) ~ " Q) CUi CIl C '2 CIl W~ CIl OJ C N .2 'E 15. Oc 2 :::;: .~ o OJ Cl C CIl OJ .c: :; o 0 OJ a: " >- "S; .0 ,~ x x x x x x ~ o .... x x x x x x '" o .... x x x x x x x '" o .... x x x x x " o .... - 28- x x x x x x x '" o .... x x x x x x x .... o .... x x x x x x x Ol o .... x x x x x x ~ ~ .... ~r" 'Ir r r r r r r I t I I L 1 ~ l l 3: :::;: o ~ ...J W a: > o L ~ r L " ! APPENDIX MTDB TRANSIT DEVELOPMENT GOALS AND OBJECTIVES ilt(- ys- I f f f . I f t I I I ! 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. I I I I I , [ I I I 1 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. ~ L 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. l L L ~ I I "- -2- 2~~7 I r r f f f i r 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 , I 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 \ , 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. f r r r f f , I, I I I. l 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. l L L r COORDINATION , '- -4- :1'1- '/1 I i f f f I 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. ,- i I 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 , 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: $250 for signs. FR/mad;File: KY-119/KY-158 (2224) WPC 5410E Attachments: Area Plat A.M. Pedestrian Count dated Th. 1/10/91 ,2S-3 ,~"-Dbj~'-'-r~~~~-~' i'~I";:)I"IJI-\'~ ~ \~ ~trtD-=\ I-~" I;~ ~ '~ Y "'T w"". e t= =~ -, Q- - =:::J& ~ - J"1'- .' ;> - ; , i. . I; , ,: ~ \ ------- , - ( ~ u. __~L~~_-----------..-~ CfJ T I 2 ~ -_ - i ii' l ~ I \ / ~ ,'<J '" - " . I 1--"':, . ( V /-....., ~ CO -, O';'0~ N3HJ~=;j9 ~ \ , \ ' O~ ,f'......../ -I"~::!;.:. I: "!illl'll v"1~~ .: ~-..........; I S 2 I I I I ! I I I I Ii:=: ;,,::,/, ~ <.J~ { .L1~11 ~r.~~3"'': SINN30 ~ I~ , CJ~ OJ JdS -. <jlOOH'SI ~~_ I I II I I I-- vcr q,::t: .;: I~ ~ ~~ ?jJ ~ ~ ~ V /1 _ ~ _ ,,4.i ~ ,,/:, 1 w ......-: 1.71 I~ _~~~ ! ~ @ltJ~.IC; \-- --~- _J t> c ---~ ~ ~ -, '" m , ~ ~ ~ co := : ::E <(;..., -~ ~ U i (I) , '\ - '" _ "-J- =WClCI dQLTlIHp;,~~~~w..-iiT' Im'- "v. ~I- , I '~I.. 'r,_,.-" -.' ,__,,,,c:::.. I I , I 1~1 !~ a : l 'I _."\.{"{"-'-:l' :....:I....(W_...J.J,....."..,;~1.j I, ~_jJ4 I -\.Y r " UI....o:? _ ,_A.I... -;....;.-..". .. ~JJ\ ~. I I r.:JJ,."r ,c"J( I:! ~ "'W ~ ~ -.. ~...I .... -'~. ~ .... ~ 0 ., > I' -'~ ..;;< f.: ."t':!':..r~':., I I '1" a:: , ;;/:"1' :,'';"/:o-7_:\-' "-':J"~Si ~ ,I 1 _ ...._.. u.'-'J-...../_. .' oCt I-- -----.. ',:!~-.J.. l..'-' .-...., 0:: ] a. I-' w . +- .,".~:,l">',"_~:cc> c Z ---, ~. I '..J~: - g ~ ~ : "I: !: .';:~/~ ~'~:' / t;j ..J wI- , !.--,c_'y'"..,.,,> --.W - c.n II I:-'';'''J.-,.- '-I a:: :z: uj ! "l' I ~~'j~~~:~_ _- -- I- : t---,,~,..:::,~.Xf~ ~ ___(/) ~ j lull i ;;(;$ ~ "- .:::: i--~-- 1-. '1' I : ,~;,:.'IJ...J'i.O.~';-;J ---' . - r - -,L.) ; \, ,~."-.. ')";-1-" ....J .:......... - \t I .....1....-:1 ;-- ---- -~~ -- .-- ~~~'J. ", ~"r"l~~' .j(~- .~- , l";-:-<' r',:'~::c( - ,---'+--- ' --1 ' ' , _.~'~..- J I --..l '--- ~r-l ..:~\ I I' ",::..L-_ ....r- - ~ " 1 I I, \ '\("' L~_~_ __h_ t , 2: . fl ----fT h' , I > a:: ~~ z o w_ O::E uw ..J w <( 0:: ~ .~ r-f- ",f- >f- ~f- f- 0::,- c( ::f- 0_ ..J <(- "- - 1-- ~- ~J- /~....t ""','- ./~ m I p_ l~'I1:J , I 1 [gj~lr,J ~~iJ '" ,"'!.. f.;-. lI) a. o I- -l -l I l- ll) < '" Jfl i 1~1: 0 "'!C")- 'J , r ~ >- "'- >- 0:: c- ttiJ. S" - Si >- <( ~ - - '" o::~ ~ <( <( '" a:: ::E---== ::E ~ ~'.c:::; z Vi ~ 0 - 7~" \! .~ h'<J Yf I I ~ 5 I I ~ " , " n ~ ~ , , -- u . ~ ~ J... 4.. '? " ^ ~ "I ~ ~ ~ " , l- e:( ..J c.. <( w a: <C o (J' ~. t- C\J ... .... '" Q Exhl It "0" A.... N ~ NO~ II 611<l!J UWl5 ~\0-~-t- 1El.E6~PH CAN~or0 RoA.C ~ Gi o - ........ c IJ()11;' : Y€l.101J ~~ ~ X ..., DATE. ~." LOCATION: HILLThP ml\16 ~ ~ffi oN eQ ~I)AQ." ~q Iq~ I TIME,A,M A A B B C C 0 0 ,oml School age "dun 8Qi SChool tl\,/iI "Ou" 6QfII S :hool age Adun age SChool aoe, AduK ag. 0 0 <2.9 I \ i 0 I 0 0 0 30 7.00-"'1\\5 !lS-7:'30 2 -I I 4b I 5 I 0 0 0 0 5'1 I ~ I I I I I :'30-,:45 0 0 2- ! 0 0 0 a 0 d- I I , ~- IleflO 7; 4<;"- 8\ooi 0 0 I I 0 0 0 0 I I I I OTAL 2.. I 78 I G I 0 0 I 0 0 87 EMARKS' jlJ /N IN I flU I TIME IC4Z0SSWAl-1<. :Lo5~WAt.I~CJWSSW"LIL l~os.sWJft.1'- I I I I I I I , I I I I I I I j I .- J I I I I I I ! I , I , -t I I I I I I I I I r I I I I , , PEDESTRIA~I COUNTS 7: T R ] TOTAL :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 @ --~ @ 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. ..;. \...../ ;;z 8'- SHEET 3 OF 7 SHEETS ~ N I GRAPlUC SCALE ~ .,. .,. i (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 . \ . , . I . g 1 . I I · I . I . I . / . (;.. ------- . ,.......--- ................ '4'~ ~. ................ IJ, "- "- "- "- "- SHEET 4 OF 7 SHEETS ......... ) '\ \ I \ \ \ \ I I I I I I I , f I I / / / / / / I ~ ~ ------ .~.~ -- ....",.",- . // -~ \ /' / _ ~ \\..00- -...., / ..... ~ -II' II /~~~ ~ _~- G /' .~// ~..'i ~ 'V ",,- _",,- €V /- -"" ,r e @> (' . T N I @) . I . I . J (IJ'rarJ llDob_IOOn. GRAPHIC SCALE .,. i ~.,. . '\'W7 WILLDAN ASSOCIATES \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 ~~ ........ NO SCALE , I i ..' 1I ra! I , I , I , I , I i <.. '. ,,' ,,' A,'" ~," ~/ , / ,/ , / ,/ e /' l .I /' / / , \ , \ j ( \ L......... I I / , I i ...,J8 LEGEND -.-.-.-.- 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 z o .... ~ ~ < > o W '" '" W '" '" < <> <> .. '" W WQ, '" <'" ~W ........ "'< <'" W )( ,< <.... ....0 "'w -.... >< :E <- ~.... =>'" ~w u ~ ~o o w ..~ ....'" -< u.... ~ "Ecg"'2a co~; ~.:; 00 Q.lPJ .....!/.Il...tII::J -41 01 Ul..... lUCIll1.c(1O :E~ > < ..=8al15 .............. CIJ..... omMen+' .... ~ m )(LCIl:J 11IG.!!Jl..... ....a..c(1U > )(..... '-.0 l1IO-+-'O I-.....f,/) . 0.....0 - '0 m_ ~ ~ e ~ '" ~ ~ ~ m :3 ..'2t'~[ blU~ ....o~ _~m - ~Q, ~~ :E~ < ,..,11........ ~~H C.... UlIU cC....QlQ. ~~ W~ < N............... ,race lfl~2!1! ....~~ o ~m < ~Q, ~ ~ < al~~ co.... ._'" ~2 u- ~ :E ~~ . 01'",,,, me~ ~=> ~ u < '" .. 1l ~.~g H5~ ';:;~~ ~ Q, w 'c :E "OCbL..C11 Q.lOlCltL. "'1Ua..O m~ < .~ ~ ~~ .....ce.......... ~ me w >=> NN-DII"l"O.... 0 COCO CQN..........-4" ~"";"";..:;~~r-;~~~~~~r--; 00000000000000 .. OO-.:tt"'l-.:tOoco..o..o..oOll'\lI"\N ~u-:u-:v:~~r--;t--:r--;r-.;~r--.;r-:~ ;;;........................................................... m- ~< o .... OI'--.:t-o-o~o...............COOO,.., ~o~~o:~o::1;~::2i~~~~ ........-O...,;-4"..-4"..-4"..t"'l..,..,..t"'l....;,..,..,..,.."...;....,.. .. g;:!;::;&~~~~~~n~~~~-o "O......O'l"'INo.t"'lNNNOo.o..'t8 ar."..,:t"",",..,"t'"l"'NN" N NN..N............:...... .. N!ll"''''!lltl''lt'''l...............CONN..... ....... 000 CO-.:tOOC)I/\NNCO ..0.. ....0.. -.:t.. .. ..o..V\.....,... -4'.. -4'..1""1.. N.. N.. N.. ;;;....................................................... ~~~~~~R~~n;~Rb!~R ~"O"OIl'l"O"O"OIl'\II'IU"I-oII'\II\-o ,..,0.0-00.0.0..0000..000- 0...0-0......0..0..0..............0............0 ;;;...................................................... ~~ e~ mo :E ....................................................................,... .. ...................................................NNN.... t"'l,..,t"'lO',..,t"'lO'O'O'O'..............~ :4 CO CO >0 CO QJ >0 >0 >0-0 U'l1I'\1I'\..:t + 11'\ 11'\ 0 II'\U'\ 0 00 001ll1l'\0 g:!:o~~~~~~~~~~~ o ~ ~ ~ - - . - . . . ~ . ~ Nf<"'lN.....NN..................................... o~~g~~~~~~g~~~ )C>ONOII'\.........o-o-o-Of<"'lf<"'lO' 0.-.......11'\-11'\-0.. -0. O~ -0. -o~-o.O'.N- N"N. ....O-o.....O',...NOQOQJQJCO,... 1I'\~f<"'lf<"'lNNNNNN................... .. g~~g~)C~~~~g~~~ II'\NOOO QJCO-o 0.0.0.0-0-0..... r-..~ \()~V'I.C;N.-o~~" 0.. o.~ 0." C; N" N" N. ,...~OIl'\MO.....NNN.....OOO' II'\..........MM""NNNNNNN.... .. e o ~.- U~ .g'~ ~u Q,~ ~ o "0"0"0"0"0'"0"0 i'l.i'l.iU.i'l.i'l.i'l. ~ ~ ~ lUlUlUL.l...l... _______L.l...l...UUU 1II111111111111111111UUUcacaca III cacaca............ ...ooooooc............::J::J:;J .3gSg~g~g.e-ti-6"O"O"C .. . . .. ~ ~ . NNII'\ ~>O.....II'\.....I""If<"'lI""lCOCOCO.............. ... . . . .. .. .. .. . ~ ~ - .. .. CIlOQOOOOo<<<<<< a~~~~~~~~;i~: 5' 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 ------------------- . ~".~ / ~ ro-~ I \_J \ """ \0 OJ f; c::: g; ~B 0 z tTl tTl I~ \0 ~ 00 0 ~ 63 CI.l :=3 ~ ~ w ~ :;0 ~ CI.l >-< en ~ ~ ,. .... .a . - )1 w - ... ... ~ ~ ~:~ \ ... ,./" , , I .... .... .... .... .... .... .... .... .... .... \C 00 ""I '" Ul ... W N .... \C 00 ""I '" Ul ... w N .... <;> . 0 < ~ ~ 0 :I: :I: ~ :I: t:I:l t:I:l t:I:l 0 == c:1 ?: ~ ~ trl ., ;;;. - = = = = = = - :il - ., '" '" ., = ., - - - ., = = 0 = '" '" '" ~ '" C') C') '" = ., ., ., '< 5' 5' -' '" 0- - - - Q, - = - :il ., - <JCl '" '" '" ~ '" '" '" t"". '" = '" =- ., '" '" ,'" '" '" ., '" '" 0 :0;- ~ b' ~ '"I:l '"I:l '"I:l '" '" '" ., <JCl '" ~ b' '" '" '" ~ = = = '" 0 0 :0;- ., ., ., :0;- ., '" '" '" = 0 = '" ., ., ., ~ Q Q '" - < '" '"I:l '" = "0 = '" i i 0 i '" Q, '" :S. ~. ., = "0 '" ~ ~ I:l '" '" ~ = = = ~ I:l ., = ,., ,., ~ ~ ., - - - ., ~ < 0 0 ., -. '" - - '< '" '" '" ~ -. I:l < 0 -. 0 ., ::c ., ., ., ., < I:l ., '" ... Q, .". Q, '" ., '" ., I:I:l ... ~ 0 = 0 . . ., ::1. ~. '< ., I:I:l ., ~ = '~...... '"I:l 0 Q, ~ trl 0 '" :I: - ,..';...... ... ... -. trl trl - = .,.'..~ .~ 0 ... 0 - = ~ ::1:' = 0- '" = "0 ., ., ., ., - '" ~ '" - ~ =- 0 =- := =- "Q...' = '< '" '" ~ ~ - ~ S; t"" :t"" - - - ., := - 0 ., ('D', 'II:: t"" - - - lE := '" .= ., ., ., ,., 00 ., ::I: '., g: = ., < 0 ~ ~ :0;- - ., :0;- :0;- 0- :0;- ~ :>;' ~ '"I:l '" 0 ... ~ =- '" a -. ... ., '" .'" ... 0 '" '" =- =- - '" - ., '" ..~ '" c:1 0 '"I:l ~ ~ - 0 ., I:l '" '"I:l '"I:l 0 0 ., '< i" ~ ~ '"I:l ., = = ., :I: ., ::1. '"I:l -. ~ II> lE ., '" ., '" '" ~ 0 - 0 ., ., '" b' z <'; ., 0 ., -0' '" 0 ~ ~ '" (':> ~ 6' = ~ (':>' (':> ., = = 0 :0;- Q, 0 Q, (':> Q, '" I:l I:l ... 0 ::I: '" - - - - 'II:: ~ :S. ~ ., ~ ., 0 - 'II:: - ., -' Q, (':> "0 =- '" 0 0 ., 0 .... -. 0 '< \C <;> 0 '" < < ... '"I:l - ... ~ <: ~ ~. ... ~ - (':> (':> 0 ... '"I:l 0 0 0 ., 0 0 0 ;;;. ~ =- t"" - - - ., 0 < ., ., 0 -. :I: I:l Z 0 0 ::c I:I:l ... '" ~ i Q, ., := 0- :>;' 0 ~ ., ::c = I:l -. (':> = 0 :I: ., '" ~ =- Q, ::;. = Cl n ., - - '" '" '" -' 'II:: = ::I: = C') ~ 0 ~ ., = ., 0 b' 0 '" '" - (':> = ... z '< ~ = ~ b' ... \C '" =- := = (':> Ro ~ '" ~ -. ... ... '" '" = 0 c:1 - (':> ~ trl ~ Q 0 '" 0 '"I:l (':> ~ '" "0 (':> ., 0 <JCl ., 0 ~ '"I:l ... = I:l '" '"I:l '" Q = ., = Q, t:I:l ., ... ., ., = '" 0 '" = '" '" ., = ~ ., = ., ., = ., = ::;. '< i '" l' 0 l!; b' '" '" i (':> (':> ~ ~ = (':> 5' ~ t"" :S. :3 c I:il '" - ., ~ 0 0 '" ., ~ ., '< '" 0 ., "0 '" :>;' '< = $ z ~ I:I:l '" '" - Q '" I:l ~ OJ 0 OJ = ~ ., -. '" C/l - = 0 ~ .~ '" 0 =- - ., ~ '" Q, Ci ... - ~ ..., ~ ;$ ~ ~ 'i: Z i m '" ~ '" '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 ~ n 00 ~ I C ~ -I B s:; G" \ t:r1 ) I ~ i:j t:r1 ~ ~ '" I Ed VI ~ en ~ -< :;0 en V\ ~ ~ j,';~ s:; n - a 00 ,/ .. rn ........... ........... , .. ........... .. ........... ~:~ \ - , i ... ... ... ... ... I,C co ...;j Q\' 01 .j>. Vol N ... .j>. Vol N ... 0 . . . , -< ~. 0 0 g= 0 0 (') trl trl en [ :I: 0 ~, ... _:. ... ... - 10 0 '" ~ 10 ~ ~ = '" 10 = = ~ ... 0 '< ::; <:r' ::. '" ::; 10 Q.. ... <:r' ... ... ::; '" t""'.. ~ .., t""' ~.. 10 - i:I" - ... '" 0 :0:- ~ '" .., .~ ~ 10 "'d 10 = ~ .., ~ ~ "'d :0:- :0:-" 10' :0:- :0:- '" ~ 10 ~, 0 .., .., ~ .., .., .., "'d 0' 'l:l '" '" '" '" 10 "'d ~ .., ., '0 0 10 '0 .., ~ ~ ~ ~ ~ ::; ::; ~ .... .... '" = 0 0 0 0 0 ~. i .., :I: 10 0 10 10 10 10 ~. '< .., ... ... Q. Q. . Q. Q. 10 ~ .., = . ~ ,10 0 '< ~ ::; -< '< . trl . ... 0 ~ ,..~., ... ~ trl 0 . 0 ~. ~ g= ~ 10 .., .... '" 10 (') ::I... ~ 10 ... 0 ::; '" '" ... 1': ... ~ - ::; 10 1': 0 ::; t""' .., ... - = .., '" Q... - 10 ~ ..,. .., ~ '" ... 10 10 <:r' ::; ~ .~ ..CIn '" .., 1': ~ 1': 1': t""' cr ~ ~. "'d 10 0 :I: = ~ '" '" "'d :0:- Cl ';-,tD 0 10 ::; "'d = = .., '0 10 10 0 [ S' 10 '" ~ ~ :........ 'Q. = 10 '" ::; 0 ::; Q. '0 .... ... .., .... i S' ... :I: = 0 ... S' ... 10 ... ~ 0 .., 0 '" :I: 0 Q. 0 .... "'d = ... 0 0 en ..... ... :I: ~ ~ 10 ~. 10 ::; 0 = ... Q. .., ~ 2:. 0 .., .... ... (') ::; ... 0 = ... ... i .., ... ~ (') ... 0 ::; ... ~ ::; 0 0 ... ~ - .., 0 = ~ (') - ... ~ (') ~ <:r' "'d t""' = .., t""' en '" cr 10 10 ~ 0 0- "'d 10 ~ - ~ 0 ::; .... ~ :0:- .., Q. cr ::; = ... 0 e:: <:r' ~ 0 = = i '" :0:- '" 0 .., ::; " <"l ..,. .., '" ~ = ~ ~ '" cr 0 ~ fIo (') '" ::; 0 ~ .., 10 ~ '" :::i. z - = .., = '" trl = 0 '< .., 0 0 ~ .., tn'. '" c: 0- 10 '0 0 ::; ~ .., ::; .., ::r. .., .., = 10 :::]' Q. 0 0 '" 0 ~. .., z .., " '" = '" .., .... .., ~. ~. l' Cl 3 '" .., .., i!! m '" .., .., .., i3 z ::; 0 Cl ... ::I. ~ ~ ~ .., ~ m .., ~ C/) .~ ~ 0 n ~ .., ~ ~ ~ s I '" '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 .. I 8 ~ . " . g , 8 ~ . (0) 8 ~ N 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 . \ . \ . I . g 1 . I 1 · I . I . I . / . ~- '- c, ...... ___ .................... 8c.(~ ~. .................... b~ "- "- "- "- "- SHEET 4 OF 7 SHEETS .......... j /,\ \ I I \ \ \ I I I I I I I / / / / / / / / / / / --..... CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA EASTLAKE GREENS PHASE I ~ ~ ..................-::-\ ......... . /' ~ ~ ~ ..,," \.-,......... /' ~o19 fII11"'" _" II ~~~~ """ ..,," G /' .....- fit""!. ~ V ~~ " ".. "," 8 /" ~ ~ ~ ~ ~ ~ ~ ~ 8 ,,' /' @> * * ( . . 'f I N I . 8 I GRAPHIC SCALE ~_..i . .,. .,. i . -- J (lNn:IT) llDch_IODl\. . LEGEND 8 - - - - - TRACT BOUNDARY @) PARCEL BOUNDARY 12 LOT NUMBER G ASSESSMENT NUMBER / / 1'/ . / ,f~/ " / .~ I / 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 ~ \ GRAPHIC SCALE '~ ..,. .,. i (1IIl'ftT) 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 ~~ ........ NO SCALE i i "'. i:!/ e1 / i . / i . / i <.. '. ". ". ...? .,,' 0,)"/ ~/ / /. e // i . /' /' ./' // . '\ \ \ 8 \ \ . I I / . / i ~. 8 \ . \ j 8 ( \ L.....- 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 ~ \ 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,,"_'" ".,--......................... .....,...--". J,N.04000 ~ ~ _ /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 " I I , - \ I L--"-- .. LEGEND ~\ ~ \ \ \ \ \ \ \\} ./ 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 ~ '2 'i -I'I~ 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 /~ '). g -1'15 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. ;J.. g ...14/~ 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 ~ Z i -1"1- 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 '- ~ -19' 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 _';\ l. -, ,:";)' 2. ,-b. < (" 4. _____;:;7 ::\' 5. l' 6. /.0"'" ~1\1,~p,\-7 . 1-\10 {, ' .,;::;8, ./ 9. _I i :.. ~ I' LAW OFFICES , , 1/..)..; ,I 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 ::i=i - -<:-< ::0 ('"~j.C',1 G1 rtl r-'" "T"\ n f,r~-:.'.~') Jl. IT! 7~;?~: < V~.\.- -0 P1 VI 0 ,...,- :.:. ..,' t 1,~'" 0 '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 ,I' ,~ ,I v \-' . . . " , ) ;' \" ,\['''/ J It:' ',,' . I\i!' ~ (. /' ,'10. CERTIFICATE OF PAID AND UNPAID ASSESSMENTS. .l(, 11. ....'"" !/l. 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- O", f ,3 I I : ',~ I.'i_ __, 0 <", 'v' lC) 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 , ,) ..ft FAX 25e-OZg~ OF COUNSEL ~OSEPH ~. HUGHES MICHAEL B. MONTGOMERY. CITY j- "",' , .,., -~:- \..;1JLi-. 'j;<",,, .- CITY ^' lOr,' ',' ,"" ~ " .. loi..-,- j-,f, .} './r! ;, : J aJ:u...!<y"';/':il.,,,.l.\Ml..," 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~ '- 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{// , .. ~' 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' * * * ;li' ...~O~ -' V"l. , ,~" ;1. ~ l",CJ .{1,cyl 4. F 0. VG. W,\\6Lf.'\- 1\'''0. j-X\(} 8.6 \ . rl} ~!(\ ~ . ,;J) r .J- f-'. \ ,-', ONk/, '..J /IW --' 'l'JcL C. 1)1),,) BROWN. r,~C:;.~,' ~:.-' , ' LAW OFfICESi; '( ~;: C:~I~::""'-,_ ,~ HARP/OR: BURNS'&lHENTSCHKE ' - - 4. AH ~O: r4~PORT BEA.CI-I 171"" SSI-I-aI!5 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 , V II f'_ ('I. \ ~g-:J03 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. c;=; ~ .' -n .,'" (T' ~ 8j pI 1 [fj :j C. \.) :i .t-, p~ ~ ~ ~' ~- , r.-. t ~; <9 w -.. ,11 ,~ r-. 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 / / , ';1 ~ ' ;)0 r 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, t!~ ~ "'-- - ~~ ~ ..,. ~ ~ ...: - w/,t: ~"/B'Ss.s-"fi7S- /V.)",' - ~, ' ~ ......~.-.... 0.. T,~",> T~.... ~-~, "'" '-17. ,,&'".... ~c \ , . ':/-~.... <$: \ \~ ~J-1 : ' l\ ... .---y-- . ~\ ,-,~ ..~ "T'\J"' ... ~~ '" '" - ~ '" \ <'-:- <;; ~ "2, (,60 6\ 6\ \:) n -1 -< - --1 =-= .."tL-=..-4- ,- I 6\ - "l ~, I!\ 6\ \:\ '..:,.,f."j,,'4-/ .J" (;\ " if? " " o T\ ~ "- Ih 6\ " I ,,) '" " " , ,... ,'1. '~ \ l.. '---... 8 " '" ~ r-.: ~ ~ ) '-+ /338.72 (f) J> Z \;; t\,J .... O~ r~1 Cl o ~ (i\J\ (p\!!!J re n ~ ....~I ;.' 0#- f"" ~~ ,'" .v'" " j"'"'' ...._~- . , " -L ;.. (" rr iC, (lJ o -< {\, (~ to ~:u ., ~ S'. '"'-J -, ~. "'5'.. .' ' ..f...9- ", ~ ~,;:,~f,;f ~ ~ ~::~ .~" Q) , Iv I\) ,,~~) 1\~1~ @~ . ~~.,~~.. " .' ,." ./, ~r "'" ~.'- ~ " v " / - ~.. /''''V~~.,- - ... "; , ~fi,84 /u. r -{ 1Jl~ -{CD fTl ;u ',.,)' 8/2. '---<----11 ,t<' , I ..' I :~~~I ~-'c v~..., .,..::..:.J I _ -"v!:!..- _ ~"--~ " i; " ~ ""'1 '" ~'" '" 0Ql :)~ c. I. e. '(; .. ''', ---~------------ . o o o L " (V uR,Tt1 J3Z0 (00 \ lZod,.) ,." ,"', -> c ... .....~q '.'> 4<J! ..' ~" AVE B R ,~r .;) 'r WINE /J<;. #'2.:;,,'.1',';,.,--/ _ c'''' ;,t. ,S: 4 "f .... . ~ ~., ....~ .. C -...\{1 :J.;~' ~() V~. "" ~ ,Il> , 'l (z"J,.) );..'TH 13Z0 !..PM) .( - ---- ~ ~ ~ c.., iJ> II) ~ " ". \;j ~' 1- 2ZJt. 'E>....n-~/9_/. ~/SC ..r.:;S 2' r '(O- ..~9d) ~ I .;:/~ 1.1 Ef_T ~23Z9N (;"'-'#1/ !'u .1--_. --- If\ Cl:> --- -' - --1---' ._ -~p---,-,~/.:'E>_7 I ___.~7.~.9-~~~ II I I '- _ o. . 0 ~ ~~ ~ ~ ~ " '\' ~ ~ \\l <.,. <::. 1338,72 ..it ~ .t> , S 1,,0 01 }> , , ~ ~ ~ ,.4;.-" ,666 ~ i>. '" ~ ~ , -f-....,:i ;rJ~ ,.-, """.".' <f .. ~ .,..../ t ~ l " , , .:::~ ~:-", ), ....0.... ><' \ ' :~~ ". ,\. '-. '~" ,- ..f' ~i ~",\j"f: .......n., "-I'" " . '-J @) - , I~ '<I; (j) , ~ , . 1> ..~ () ~ . 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) it f-/O o (l'IO ><0 r..0 .-i..... "'10 .jJ..... o - 8..... 00 00 00 '<I''<I'COO '<I'IJ'lNO COl'COO - - ... ... ... ... IJ'lIJ'l MN N..... 0'\['.l!10 q't"'--U")lt') M..... r- ~ o 'M .jJ '" o o .-i .-i '" QJ i>: (l'I r- 10 ..... r- co N co IJ'l IJ'l o lIlo '00 ~ - ::l..... r..1O ..... :3 - QJ..... Z .....0 NO MO '<1''<1' '<I'1J'l COr- - - MIJ'l ION .......... (l'Ir- '<I'r- M..... ..... (l'I t o (l'I (l'I ..... '0 QJ .jJ '" a 'M .jJ III QJ '0 ~ ~ ::l .jJ 0..... r.. ~ (l'I(l'I III QJ I I .jJ.jJ a (l'IO O~ QJ CO(l'l QJQJ .-i (l'I (l'I ..., a .jJ.......... OP" 'M l-l 0 ~ .jJ..Q..Q ill.-i'" ~ QJ '" '" III QJ 0 r.:I a.<::.<:: .jJ:>t >...:1 OQJQJ~U.jJQJ OOi>:i>:OQJ~Oco ::0 ~ 'M'..,::l 0 :z: H tl'tl'.jJ 0 00..... III ~ ~ '" l-l U'M QJ.....a.M.MOill a~ ::l(l'l"'lIllllO ~OO ~ I l-l ::l ::l.-i :>t '" ~'M QJ 0 tl' 00.-i.jJ..Q 0.jJ >(l'I O:Z::Z:""Ml-lO 0 QJ(l'Il-l QJU::Or.:lQJ i>:.....ill i>: UJ i>: o r.. 8 r.:I c.!J o ::0 a:) c.!J a:) o U o r.:I UJ H :> r.:I i>: o o o o IJ'l r- 10 N '<I' '<I' IJ'l CO N r- o IJ'l r- N ..... (l'I ..... (l'I 10 N r- N III QJ ::l ~ QJ > QJ i>: .-i '" .jJ o 8 rJ' -II CO N '<I' - '<I' IJ'l co N III QJ l-l ::l .jJ 'M '0 ~ QJ >< r.:I .-i '" .jJ o 8 MarooO"l 00r-1J'l0 r-IU")cooc;:rr-l ... ... ... ... ... NLO\OO"ICO lOr-! ""'0'\ ..... 0 - ..... ..... o co 0 N r- '<I' o co (l'I ..... 10 (l'I co co IJ'l ..... .....0 O(l'l COO U")I.O 01.0 ""'1"""1 r-ILO 0'\00 r--c-I "",0 IJ'l (l'I N III .jJ o QJ ..., o l-l ill .jJ ~ QJ a QJ > o l-l p" a H .-i '" .jJ -M p" '" U . .!><: QJtl' l-l III 0 '" '" l-l ill '<::ill ill ~ I ~ '" l-l0 III QJ'M l-l o .jJ.jJ QJ aa~"'.jJ l-l '" QJ '" ~ QJ l-l U'M QJ :z: tl' .-i U -0 . ctl l-l a.jJ l-l .<:: ill a'M 0 .jJ 0 >'M l-l.-iUQJ~ ::l'" i>:QJ Ol-l.!><: UJ r..::ll-l'O ~"'O.!><: '0 illOl-l ~:>t .<:: '" "'.jJ~l-lill 'M :3 0 QJ ~ "'..Q ~ tl'::l.-i'<:: '" ~a'Otl'a '" a O'M l-l l-l0 0 QJ 0 OU~ZZ co M o N N M N co 0 M (l'I co to r- r- r- o o N '<I' '<I' IJ'l ..... III QJ l-l ::l .jJ 'M '0 ~ QJ >< r.:I ill H U .-i '" .jJ o 8 o '<I' r- N (l'I ..... 000000000 aOOQl!10l!"JOO OOLnOl'ONOr-i ... ... ... ... ... ... ... ... ... o IJ'l ..... 1.00 MOO I.OC:O I.OM r-ir-lNN <f>- N (l'I ..... l-l QJ .jJ o ~ 'M QJ:>t p,,~ U ~ a'M '" "'.-i III p" uU'OlIla ~ QJ 0 :>t . '" l-l U "'a:z:.jJ oa UJQJ 0.jJ ~ l-l U 0 :>t'M QJ QJ.-i'<:: a :>t'''''M III a'" 0 a ~ ::l.jJl-l"'::l UJOillr..UJ III a '" l-l tl' o l-l ill QJ o 'M ~ QJ UJ .-i '" 'M o o UJ .<:: .jJ .-ia '" '" QJ <Il :Z:8 .<:: .jJ :>t.jJ .-iO::l ::l '" 0 'Ol-l>< -X:<Il .jJl-l :>t'M 0 "'...:Ir.. a:) . III . :> ..Q o . 0 UJUt-:J III III lIl.jJ 0 -X:OO~-X: > u>>aulIlUJ ~UJUJp"~O >< .-i><><Il . .-i <Il UJ > :>t a'" >:>t OM .<:: .-i a-M QJ.-i ..jJ .jJ 'Mooo'MaU..Q::l auo aa <Il::l 0 '" UJ~"'O.jJ.-i>< r...-i '" r.. U 0 U '" ~ a l-l l-l :>t P" '" ::l :>t:>till '" 0 "'0l-l:Z:"'''' lIlr.. a:)OQJ a:)a:).jJ::l lIl.<::-X: .-il-llll PM.jJ U . .::l.jJ..Q 0p"::l~00'O.-i0 UJr.:I...:I><UJUJ-X:-X:t-:J 0 0 0 In 0 0 '" 0 0 0 In .... ..... t"- In N tOOtOtOtOO l"Ol"t'r-iO NOCOCOr-iO ~ - - - - - - III ~...rc-ll..Ol.OCO I:: 0 000 .............. ..... 0'> 0 000 ...; 0 000 r<J - - - 0- N OON ,... '" In ........N Q) r<J ..... -I-l Q) U <J> III I:: U .....Q)I:: ..c:0'> 0- Q)Ur<J U I:: ;:l ~ Q) '0 1::'''; I '0 ..c: ....; ;:llll I:: I:: 0'> 00 ~1Il;:l iXI ;:l r<J ;:l ,... 00 UCl I 0 Q) r.. Po. 00 I:: > .o::z: ..... OUl>t1 I U 0'> I:: M'" r<J III '0 I:: 0 ..... IIll::iXI .!o::Q) >t '''; -..; .....r<J I:: ,... ,... > 1Il-l-l r<J '" . r<J r<J Q) ..... Q) r<J 0'> Q) ;:l 0 ..c:..c: '" 0 I:: ...; N I:: ::E::Z:Ul E-tUl 0 > 0 '0 ...; ...; 0'> Q) ...; ;:l..... ..... 0'> -I-l p:; -I-l -I-lr<J Q) Q) I:: I:: r<J Ul-l-l U III I:: ,... ...; 0 I:: ,... ...; I:: '" I:: o Q) 0'> ::E: 0 -I-l 0'>> r<J r<J;:l '..;-I-l .0: ...; III I:: Q) -I-l,...O -I-ll:: -I-l ...; ...; p:; III O'>U III r<J Q) I:: III r<J I:: I:: Q)...; 0 U 'OU 0 Q) -I-l ...; 1::'0 1::1Il,...'O > I:: '''; ...; .@ r<JOr<JIIlPo.,... Ul ;:l . ..... -I-l ..... 1::..... 0 0.0: 0 o ~ ..c:...; ...; ...; < OPo...c:..... 0'>..... -I-l . r.. -I-l U > .a ...; ,... Ul 0'> I:: '0 ...;:> O;:ll:: ...; r<J '0 -I-l >t 0 I 1::'''; I:: ;:l ...... U O;:l -I-l ..c: I:: r<J ,... .a 1::,,,; 11l r<J 'OU..... Ul 0 U Q) r<J ,...r<J..c:011l;:l...:! .0: ...; I:: U .0: p:; -I-lI::O'>IIl;:lOI "-':Z:~1Il 0'> Ill...;...;..... O:Z:-I-l ,... 0 r<J...; . '" 0'> I:: ...; '" Q) Q):Z: I:: 0 r<J...; III 0 ...; I:: '''; I::',,;ZZ ,... r<J ...; >t-l-l '0 Q) U ,... ...; I:: ...;...; ,......; I:: I:: -I-l III 0 I:: . Q) 11l I:: '" Q) ...; r<J Q) Q)...;...; 0,,,; 0 -I-l ;:l r<J '0"" r<Jr..E-t UlU:>~::<<Ul I:: 0 ...; .0: Po. r.. H :z: Po. tXf./2.. ~ 1)1' "',~ -,--_' ,u" _ " l-l I' -~ :-~..- -- -:-:: """'" lk:>'~ -....,: _, _ _.. .. ., -- u ... .~,-,.., \,.j '..... ~ G~ 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, -1- ~f-13 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. -2- Gt 1"/'/ 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. -3- ~'-If · 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 -4- ~9-t" 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 -5- ~''''/7 ~~f? ~~~ .-;~- ~~~~ 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 - 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 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 - 4 - 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. 'Jr- 6 JOINT MEETING - 5 - 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