HomeMy WebLinkAboutAgenda Packet 1999/08/31 (2)
AGENDA
141 declare under penalty of perjury that I am
A t 31 1999 employed by the City of Chula Vista in the 6.00
ugus , Office of the Cit'! Clerk and that I posted . p.m.
this AGcm'JF'~;j U.:e Gn the Bulletin Board at , .
CALL TO ORDER the PUbli9"Sli:rvic,es, Building a'J~/)al,c~~y H~I~ ~ I /, 1,,1..-1
OATEO.iI/!)11q'l SIGNEOj'~ 1l:!W-- '
1. ROLL CALL: Council members Davis, Moot, Padilla, Salas, and Mayor Horton.
2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
3. SPECIAL ORDERS OF THE DAY
A Oath of Office:
Board of Appeals and Advisors - Jose L. Romo, Jr.
Housing Advisory Commission - Virginia Moore
International Friendship Commission - Ignacio Valdovinos'
Mobilehome Rent Review Commission - Anthony Ciotti, Sr., and Marshall Compton;
and, Resource Conservation Commission - Juan Diaz.
B. Leslie Bishop, President of the Junior Class of Poway High School, will present a
pledge encouraging students throughout the County to make their schools safer.
CONSENT CALENDAR
(Items 4 through 15)
The staff recommendations regarding thefollowing items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember, a member (~f the public, or City staff requests that the item be
removedfor discussion. If you wish to !:;peak 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. Itemspulledfrom the Consent Calendar will be discussed after
Action Items. Items pulled by the public will be the .first items ~f business.
4. WRITTEN COMMUNICATIONS
A Letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on August 17, 1999, there were no
actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Letter from Clara Ines Davis requesting a determination as to whether the trees on her
property are her responsibility or the City's.
Staff recommendation: This item be referred to staff, with an information item to
Council on the findings of staff's research and the proposed action to be taken.
5. ORDINANCE 2793, AMENDING SECTION 19.58.147 OF THE MUNICIPAL CODE
RELATING TO REQUIRED STANDARDS FOR LARGE F AMIL Y DAY CARE HOMES
(SECOND READING AND ADOPTION)
Agenda
2
August 3 1, 1999
The Planning and Building Department was requested by the Economic Development
Commission to re-evaluate the Large Family Day Care Homes ordinance in anticipation of
a critical surge in demand resulting from the Welfare Reform Legislation. The Needs
Assessment Committee of the San Diego County Child Care Planning Council has identified
the City as a "high needs community" in the South Bay area. The biggest need identified was
care for infants and after school care for school-age children. (Continued from August 10,
1999. )
Staff recommendation: Council continue this item to the meeting of October 5,1999..
(Director of Planning and Building)
6. RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE
COUNTY OF SAN DIEGO FOR USE OF $106,396 IN USED OIL OPPORTUNITY
GRANT FUNDING TO ASSIST WITH THE DEVELOPMENT AND OPERATION OF
A HOUSEHOLD HAZARDOUS WASTE FACILITY AT THE CITY CORPORATE
YARD AND APPROPRIATING FUNDS THEREFOR (4/5TH'S VOTE REQUIRED)
In 1997, Council passed a resolution supporting a Regional Used Oil Opportunity Grant
Application to the California Integrated Waste Management Board by the County of San
Diego. The grant application potentially provided funding to support the development of a
regional household hazardous waste facility in the South Bay. The funding and facility were
designed to improve service to local residents, increase the amount of household hazardous
waste diverted from improper disposal in landfills and storm drains, and help control the rapid
increase in costs for the current temporary event program.
Recommendation: Council adopt the resolution. (Special Operations Manager)
7. RESOLUTION SETTING SEPTEMBER 14, 1999, AS THE DATE FOR A PUBLIC
HEARING FOR CONSIDERATION OF THE GRANT OF A MODIFIED CABLE
SYSTEM FRANCHISE TO COXCOM, INC., DBA COX COMMUNICATIONS SAN
DIEGO
This resolution would set the hearing date for a proposed amendment to the City's franchise
with Cox Communications. Among the terms of this proposal, the City would receive
equipment, high speed internet access and capacity that would improve communications
between some remote City buildings and the Civic Center, and make improvements to the
City's web site at no cost to the City. The proposal also transfers the responsibility for the
broadcast of Council meetings and other City information on the government channel, from
Cox Communications to the City, and provides equipment to facilitate the transfer.
Staff recommendation: Council adopt the resolution. (Special Operations Manager)
8. RESOLUTION AMENDING THE FISCAL YEAR 1998/1999 BUDGET IN
ACCORDANCE WITH THE BUDGET TRANSFER POLICY
The Council Policy on Financial Reporting and Transfer Authority requires that all
departments complete the fiscal year with a positive balance in each budget summary. In
order to comply with the intent of this policy, the transfer relating to the Fire Department is
recommended.
Staff recommendation: Council adopt the resolution. (Director of Finance and Fire Chief)
Agenda
3
August 3 I, 1999
9. RESOLUTION AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A
PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER 11 AND 12, 1999,
FOR THE ORANGE CRATE DERBY
The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting
permission for a temporary street closure on Rancho Del Rey Parkway on September 11 and
12, 1999, to conduct their 20th Annual Orange Crate Derby.
Staff recommendation: Council adopt the resolution. (Chief of Police)
10. RESOLUTION APPROVING REQUEST FROM THE BONITA BUSINESS AND
PROFESSIONAL ASSOCIATION TO CONDUCT BONIT AFEST AND BONIT AFEST
PARADE
The Bonita Business and Professional Association is requesting permission to conduct the 27th
Annual Bonitafest and Bonitafest Parade on Saturday, September 25, 1999.
Staff recommendation: Council adopt the resolution. (Chief of Police)
11. RESOLUTION NAMING THE CIVIC CENTER LIBRARY'S LOCAL HISTORY ROOM
FOR JOHN ROJAS
The Library recommends naming the Local History Room at the Civic Center Library in
honor of John Rojas, a well known Chula Vista resident who has spent many years collecting
and disseminating information about the history of Chula Vista.
Staff recommendation: Council adopt the resolution. (Library and Recreation Director)
12. RESOLUTION ACCEPTING GRANT FUNDS FOR YOUTH SERVICES MATERIALS
FROM THE CALIFORNIA ST ATE LIBRARY, IN THE AMOUNT OF $25,000, FOR THE
SUPPORT AND EXPANSION OF THE YOUNG ADULT COLLECTION; AND
AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING
UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $25,000 (4/5TH'S VOTE
REQUIRED)
On July 20, 1999, the Library applied for and received State Library funds for the support and
expansion ofthe Young Adult collection at all three-branch libraries. These funds were made
available through the State Library's "Youth Services Materials Grant Program." Civic
Center and South Chula Vista Libraries have both been awarded $10,000, and EastLake
Library has been awarded $5,000 for the purchase of materials specifically aimed at the
interests and needs of young adult library users.
Staff recommendation: Council adopt the resolution. (Library and Recreation Director)
13. RESOLUTION ACCEPTING $139,037 OF HIGH INTENSITY DRUG TRAFFICKING
AREA (HIDTA) GRANT FUNDS FOR ADMINISTRATIVE COSTS ASSOCIATED
WITH THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG); APPROPRIATING
FUNDS FROM THE UNANTICIPATED GRANT REVENUES; AND AMENDING THE
FISCAL YEAR 1999/2000 BUDGET TO INCLUDE TWO POSITION
RECLASSIFICATIONS AND TWO ADDITIONAL FULL TIME EQUIV ALENT
POSITIONS (4/5TH'S VOTE REQUIRED)
Agenda
4
August 31, 1999
On September 5, 1995, Council approved the City to act as the "fiscal agent" for the
California Border Alliance Group and to act as conduit to hire support personnel and acquire
necessary supplies and services. The current request is to reclassify two existing CBAG
positions and to add two new positions, all paid for by the Grant.
Staff recommendation: Council adopt the resolution. (Director of Human Resources)
14. RESOLUTION APPROVING VARIOUS PERSONNEL ACTIONS INCLUDING
RECLASSIFICATIONS, SALARY ADJUSTMENTS, AND THE ADDITION OF
POSITIONS, AND APPROPRIATING $39,471 FROM THE SEWER FUND TO
REIMBURSE THE GENERAL FUND (4/5TH'S VOTE REQUIRED)
Requests for salary adjustments, reclassifications, and the addition of new positions all result
from the growth the City is experiencing. This growth has resulted in increased volume of
work, complexity of issues, recruitment and retention difficulties.
Staff recommendation: Council adopt the resolution. (Director of Human Resources)
15. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT TO SIERRA
ELECTRIC FOR THE STREET LIGHT INSTALLATION PROJECT ALONG THIRD
AVENUE BETWEEN "F" STREET AND "G" STREET (RD-226)
On August 10, 1999, sealed bids were received for three electrical contract for the street light
installation project along Third Avenue between "F" Street and "G" Street. A low bid of
$22,595 was received from Sierra Electric.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
ORAL COMMUNICATIONS
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have heen advertised and/or posted as public hearings as
required hy law. If you wish to 5peak to any item, please .fill out a "Request to
Speak"form (available in the lohhy) and !imbmit it to the City Clerk prior to the
meeting.
16. PUBLIC HEARING REGARDING CONSIDERATION OF DECLARATION OF
INTENTION TO FORM AND ESTABLISH COMMUNITYF ACILITIES DISTRICT 99-1
(OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE, AND
VILLAGE ONE WEST); AND DECLARATION OF NECESSITY TO INCUR A
BONDED INDEBTEDNESS, PURSUANT TO THE PROVISIONS OF THE "MELLO-
ROOS COMMUNITY FACILITIES ACT OF 1982", FOR THE PURPOSE OF
ACQUISITION OF CERTAIN PUBLIC FACILITIES THROUGH THE ISSUANCE OF
BONDS SECURED BY SPECIAL TAXES
A. RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES
DISTRICT NUMBER 99-1 (OT A Y RANCH SP A ONE - PORTIONS OF VILLAGE ONE,
VILLAGE FIVE AND VILLAGE ONE WEST) AND AUTHORIZING SUBMITTAL OF
LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS
Agenda
5
August 31, 1999
B. RESOLUTION DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS,
SUBMITTING TO THE QUALIFIED ELECTORS OF A COMMUNITY FACILITIES
DISTRICT A PROPOSITION TO INCUR A BONDED INDEBTEDNESS SECURED BY
A SPECIAL TAX LEVY TO PAY FOR CERTAIN CAPITAL FACILITIES IN A
COMMUNITY FACILITIES DISTRICT, AND GIVING NOTICE THEREON
C. RESOLUTION OF THE CITY COUNCIL, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 99-1
(OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND
VILLAGE ONE WEST) DECLARING THE RESULTS OF A SPECIAL ELECTION IN
SUCH COMMUNITY FACILITIES DISTRICT
D. ORDINANCE OF THE CITY COUNCIL, ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NUMBER 99-1 (OTAY RANCH SPA ONE -
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST)
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY
FACILITIES DISTRICT (FIRST READING)
On July 13, 1999, Council approved a resolution of intention to form Community Facilities
District No. 99-1 and set the public hearing for August 17, 1999. The district will fund the
construction of public facilities serving the Otay Ranch SPA One, portions of Village One,
Village Five and Village One West. The action proposed at this meeting will continue the
formal proceedings leading to the establishment of Community Facilities District No. 99-1.
(Continued from the meeting of August 17, 1999.)
Recommendation: Council adopt the resolutions and place the ordinance on first reading.
(Director of Public Works)
17. PUBLIC HEARING REGARDING THE DECLARATION BY THE CITY COUNCIL
AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO AN
EXISTING COMMUNITY FACILITIES DISTRICT
RESOLUTION OF THE CITY COUNCIL, ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-1,
AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO SUCH
COMMUNITY FACILITIES DISTRICT
On July 13, 1999, Council approved the resolution of intention to annex territory in the future
to Community Facilities District Number 99-1 and set the public hearing for August 17, 1999.
There are no new facilities proposed to be provided for the future annexation area.
Community Facilities District Number 99-1 is funding the construction of public facilities
serving the Otay Ranch SPA One, portions of Village One, Village Five and Village One
West. (Continued from the meeting of August 17, 1999).
Staff recommendation: Council adopt the resolution. (Director of Public Works)
Agenda
6
August 31, 1999
ACTION ITEMS
The items listed in this section (?f the agenda are expected to elicit substantial
discussions and deliberations by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, pleasefill out a "Request to Speak" form (available in the lobby) and submit
it to the City Clerk prior to the meeting.
18. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE
INSTALLATION OF A TRAFFIC SIGNAL SYSTEM AT PASEO RANCHERO AND
EAST "]" STREET (TF-270) TO DB X, INC., AND APPROPRIATING FUNDS OF
$83,000 FROM THE UNAPPROPRIATED BALANCE OF THE TRAFFIC SIGNAL
FUND (4/5TH'S VOTE REQUIRED)
On August 3, 1999, four bids were received for the installation of a traffic signal system at
Paseo Ranchero and East "]" Street (TF-270). DBX, Inc., submitted a low bid of$75,245.
The total project cost is $142,200, including the bid amount of$75,245; $18,000 for design
inspection and administration; $30,055 for purchase of a traffic control cabinet, mast arms,
emergency vehicle preemption system, internally illuminated street name signs, 250W HPSV
luminaries, and traffic signal standards; and $18,000 for contingencies (15%).
Staff recommendation: Council adopt the resolution. (Director of Public Works)
19.A. RESOLUTION APPROVING THE FINAL "B" MAP FOR TRACT 96-04, OTAYRANCH
SPA ONE, VILLAGE 5, UNIT I (PORTIONS OF NEIGHBORHOOD R-34, R-36, R-37,
AND R-38), ACCEPTING ON BEHALF OF THE CITY THE ASSIGNABLE AND
IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS, THE DRAINAGE
EASEMENT, AND PEDESTRIAN ACCESS EASEMENT ON SAID MAP WITHIN SAID
SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE
IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST OF DESIGNATED
LAND FOR PUBLIC OPEN SPACE PURPOSES, AND APPROVING THE "B" MAP
SUBDIVISION IMPROVEMENT AGREEMENT, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
B. RESOLUTION APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT ASSOCIATED WITH THE FINAL "B" MAPS FOR TRACT NUMBER
96-04, OT A Y RANCH SPA ONE, VILLAGE 5, UNITS 2 AND 4, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
Council is to consider the approval of the Final "B" Map for Unit I ofOtay Ranch, Village
5, and the associated agreements. On April 20, 1999, Council approved the "Agreement for
Financing and Construction of Olympic Parkway and Related Roadway Improvements." The
approval of the subject Final Map is consistent with the cumulative equivalent dwelling units
threshold established by said agreement.
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
Agenda
7
August 3 1, 1999
20.A. RESOLUTION APPROVING FINAL "B" MAPS FOR TRACT 96-04, OT A Y RANCH
SPA ONE, VILLAGE 5, UNITS 2 AND 4 (PORTIONS OF NEIGHBORHOODS R-34
AND R-37), ACCEPTING ON BEHALF OF THE CITY THE ASSIGNABLE AND
IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS, AND THE WALL
MAINTENANCE EASEMENT ON SAID MAPS WITHIN SAID SUBDIVISION,
ACCEPTING ON BEHALF OF THE CITY THE DEDICATION OF FEE INTEREST OF
DESIGN A TED LAND FOR PUBLIC OPEN SPACE PURPOSES, AND APPROVING
TWO "B" MAP SUBDIVISION IMPROVEMENT AGREEMENTS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
B. RESOLUTION APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT ASSOCIATED WITH THE FIRST FINAL "B" MAP FOR TRACT
NUMBER96-04,OTAYRANCHSPAONE, VILLAGE 5, UNIT 1, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
Council is to consider the approval of the Final "B" Maps for Units 2 and 4 ofOtay Ranch,
Village 5, and associated agreements. On April 20, 1999, Council approved the "Agreement
for Financing and Construction of Olympic Parkway and Related Roadway Improvements."
The approval of the subject Final Maps is consistent with the cumulative equivalent dwelling
units threshold established by said agreement.
Staff recommendation: Council adopt the resolutions. (Director of Public Works)
21. RESOLUTION APPROVING THE EXECUTION OF AN AGREEMENT FOR
DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES WITH N.E.W.
INVESTMENTS, L.L.c..
Due to sales growth, Retail Systems, Inc. (RSI), a local manufacturer in business since 1992
in Chula Vista, is expanding its facilities for the third time within the EastLake Business
Center. The new building will comprise a total of26,708 square feet on a 1.36 acre lot. This
business expansion is expected to result in the creation of 53 new jobs in Chula Vista over the
next two years, in addition to increases in City revenues from sales, property and utility taxes.
The project value, exclusive of machinery and equipment, is estimated at approximately $1
million. RSI has requested that the City defer payment offees in order to ease its short-term
cash flow requirements. The proposed deferral agreement is with N.E.W. Investments,
L.L.C., an entity owned by the RSI partners which will own the land and building and lease
to RSI.
Staff recommendation: Council adopt the resolution. (Director of Community Development)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
22. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
Agenda
8
August 3 1, 1999
23. MAYOR'S REPORTS
A. Ratification of appointment to the Growth Management Oversight Commission
(Environmental) - William C. L. Tripp (to fill vacancy created by Commissioner Hyde,
whose term expired June 30, 1999).
24. COUNCIL COMMENTS
Councilmember Salas
A. Ratification of appointment to the Mobilehome Rent Review Commission - Vikki
Robinson Opeodu (to fill vacancy created by Commissioner Thomas, whose term
expired June 30, 1999).
ADJOURNMENT to a Closed Session and thence to the Regular Meeting of September 14,
1999, at 6:00 p.m. in the Council Chambers.
*** An adjourned joint meeting of the City Council and Redevelopment Agency
will be held immediately following the City Council meeting. ***
<g~.197
POW A y mGH SCHOOL
C/O 2001 Sophomore Pledge
As the sophomore A.S.B. representatives, we have since freshman
year been working to try and bring our class closer together, however, the
tragic incident at Columbine High School really opened our eyes to what can
happen if we as leaders do not take action. So, we decided to create a
Sophomore Pledge that would encourage students to be more open minded
towards each other.
The Pledge was formally written on a scroll in calligraphy and it
consisted of many personal goals that our class has been working at, some
including: creating a campus where no certain area is "out of bounds for
certain students," also encouraging students to be more supportive of each
other, rather than judgmental and to not let the "popular culture" influence
our high school careers. We held before-school breakfasts, ice cream socials
and lunch time activities where all of the sophomore class came together in
an effort to sign the pledge and try and make a difference at our school. The
pledge was a class-wide effort where every student worked togetber to make
sure that every student would be able to graduate in 2 years feeling that high
school was a fun, welcoming place where they could get along with their
peers. We feel very strongly that after every sophomore has read tbe pledge
and worked as one to change things, our last two years of high school will be
a lot more comfortable and enjoyable for each and every student. Our goal is
to make a difference not only in our Sophomore Class, but also in our
school, and in all other schools. We have challenged other schools to pledge
the same and hope to see a similar pledge formed in every high school
across the country.
We hope that you will inform your community and school district of
our mission to try and get all schools to make a pledge, and encourage the
teens of your community to make a difference. With your help, we just may
be able to create new campus' where every student feels comfortable and
safe, and overall, a decrease in violence.
F or more information you may contact the Poway Sophomore Class
President, Leslie Bishop at (619) 748-0245 x 5182, or e-mail:
carebearly@aol.com
Memorandum
August 31, 1999
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
David D. Rowlands~.. City Manager
James B. Hardiman, Fire Chief J~
Chula Vista Participation in California Fires
VIA:
The Chula Vista Fire Department has sent its Brush Rig with three (3) Fire
Department personnel to Riverside County to assist in firefighting operations
there. The Fire Department personnel are Captain Mike Hartman, Engineer Rich
Campbell and Firefighter Steve Miller. The personnel and equipment left
Saturday. August 28, 1999 at approximately 1130 hours as part of a five-engine
Strike Team. The Strike Team was originally dispatched to the Northern
California community of Truckee but was redirected to the Mt. San Jacinto area
east of Hemet in Southern California. The state is currently experiencing
extraordinary fire conditions. At present there are 23 major fires burning
throughout California. Partial containment has been achieved in some of the
Northern California fires, however, there is currently no estimated time of
containment for most of the fires in Southern California. The major fire in Apple
Valley has already burned over 50,000 acres and is increasing in size at a rapid
rate. It is projected that more personnel and equipment will be needed for that
incident. We will inform the Council of any additional dispatch of City Fire
Department equipment out of the County. It is anticipated that overtime costs
resulting from our assistance on these fires will qualify for reimbursement from
the State Office of Emergency Services. If you have any questions please
contact me at 691-5055.
August 26, 1999
FROM:
David D. Rowlands, Jr., City Manager --
~bv~~\
TO:
The Honorable Mayor and City Council
SUBJECT:
City 'Council Meeting of August 31, 1999
This will transmit the agenda and related materials for the regular City Council meeting of
Tuesday, August 31, 1999. Comments regarding the Written Communications are as
follows:
4a. This is a letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on August 17, 1999, there were no
actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
4b. This is letter from Clara Ines Davis requesting a determination as to whether the
trees on her property are her responsibility or the City's. Staff will be working with Ms.
Davis to come to a full understanding of whose responsibility it is for tree trimming and
sidewalk repair. Staff will research what has been done in the past, including City and
Municipal Code provisions, and will then contact Ms. Davis with their findings and will
take action that is justified.
IT IS RECOMMENDED THAT THIS ITEM BE REFERRED TO STAFF, WITH AN
INFORMATION ITEM TO COUNCIL ON THE FINDINGS OF STAFF'S RESEARCH AND
THE PROPOSED ACTION TO BE TAKEN.
DDRmab
~~~
~~
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...... ............"""
----
CllY OF
CHUIA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
August 18, 1999
From:
The Honorable Mayor and city co~
John M. Kaheny, city Attorney ~
Report Regarding Actions Taken in Closed Session
for the Meeting of 8/17/99
To:
Re:
The City Council of the City of Chula vista met in Closed Session
on 8/17/99 to discuss:
.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Pursuant to
Property: 428 "F" Street, Chula vista, California
91910. Assessor's Parcel Number 568-181-
34,35,36,37 (portion), 41 (portion).
Negotiating Parties: Security Trust Company and city of Chula
vista (Sid Morris)
Under Negotiations: Property Acquisition
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK: 19k
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276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823
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NOTICE OF ADJOURNMENT
Notice is hereby given that at the Adjourned Meeting of August 19, 1999, the City
Council adjourned said meeting to an Adjourned Meeting to be held August 31,
1999, at 4:00 p.m. in the Council Conference Room, Administration Building, for
a workshop, followed by an Adjourned Meeting at 6:00 p.m.in the Council
Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
Dated: August 20, 1999
~tu-~r~
Susan Bigelow, CMC/ AAE, City Clerk
--
RECEIVED
"99 AUG 12 All :07
August 9, 1999
! 1'1) ~ ~ ~ 3W I
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,1/ AUG 1;>1999 II
I
CITY OF CHULA Vl~)
tiT'" CLr::.Y/':' '-lr
V I u\h .) 'uT
-:7;~~.'.~_.)
City Council
Mayor and City Council
276 4th Avenue
Chula Vista, CA 91910
Dear Mayor and City Council:
The following situation is brought to your attention in hope of a prompt resolution.
I, Clara Ines Davis, the original owner of a house located at 1391 Caliente Loop,
Chula Vista, CA, am respectfully requesting your consideration in a situation created by
the three over fifty-feet tall pine trees planted as part of the original development in the
right of way.
The enclosed copies of the deed contain highlighted aspects pertaining to this
case. As is indicated in these copies, the city has an easement on the house. The
trees are planted on Caliente Loop and on the side of Buena Vista Way. The one
located in the Buena Vista Way, is near a fire hydrant as shown by the enclosed
pictures.
Six to eight years ago, one day, when I went home for lunch I found out the city
workers were trimming the trees. I asked one of the workers why were they cutting the
trees on my yard and they responded that those three pine trees belonged to the city.
Later on, two or three years ago, they returned, trimmed all three trees, but at that time
I was advised that a mistake was made and only two trees belong to the city. Last year,
I talked to Mr. Tom Lavesque, Supervisor Tree Trimmer, from the Public Works
Department Trees Division, whom indicated that the trees' roots were up-leveling the
sidewalk thus, he recommended the trees would be removed. He added that the city
owned only one pine tree. It was suggested that if I would pay for the fixing of the
street, then perhaps the city would consider removing the trees. I had very limited
funds and my budget did not allowed me to do so at that time.
The trees are beautiful, provide shade, and security since people drive very fast
coming from Buena Vista Way and the way they are planted form a definite barrier for
fast, lost of control incoming traffic. However, they are also creating a problem with the
sidewalk. I agree they need to be removed, if an expert such as Mr. Lavesque,
believes it should be done.
On July of this year, I contacted Mr. Levesque's office to see if they would trim or
remove the trees and I was informed that I had to take care of all the expenses incurred
by the trees and that the City only owned one tree. Which tree? This is not known. I
~st also state)h~ the developer planted .m, ore than one tree on. the corner houses in
CC- I ~(3)
. . WRlnEN C MMUN~ TIONS
eLl..: "1 }J 'J [] - / ?z %X.2;//77
City Council
- 2-
August 3, 1999
the Caliente Loop area. Consequently, some of these corner houses have at least two
pine trees each. For example the house located right on the back of my lot has two
pine trees and one maple tree. The problem in my lot arises on the fact that there are
three pine trees that grew together instead of two pine trees and a maple tree.
Based on the above factors, please advise me as of what can be done.
My address is: Clara Im3s Davis
1391 Caliente Loop
Chula Vista, CA 91910
Thank you for your consideration on my behalf.
Sincerely,
Uauv ~ ~~
Clara Ines Davis
J/!J-J-
Street trees are installed in communities to provide shade,
color ancl identity to the individual street systems as a
,result of tile municipality's and developer's interest in pro:-
clucinG <1.n ecological balance. Local ordinances require that
homeowners with parkway plantings maintaIn street trees in
a manner as outlined below. 'I'he trees shall not ue moved,
as they have been located specifically by the local agqncy to
avoid ~ewel' li~es, e] ectrical conduit, driveways, fire hydrants,
light standards and sight lines of' intersections. It is policy
in some cities that if the trees are .moved, the city will replace
the tree' and bill the homeo\vner adjacent thereto.
The following is a shortened specification for minimal main-
tenance of the street tree plantings:
A. Watering
1. New Trees
Fill watering basin once per day.
2. Established Trees (usually six months or older).
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B. ,'Watering Basin~
1. New Trees · .
. . .
Maintain E:xisting watering basins so that the top of
the basin berm is level with the cro\vn of the tree
and the depression below the top of the berm and
the crown is six inches deep.
,2. Established Trees
IVlaintain berm, or if in turfed area, deep water
once per week adjacent to crown.
C. Support Stakes
1. New Trees
Maintain the existing S1.1pports and ties to protect
tree against wind damage.
2.. Established Trees
Municipal 1\laintcnance Dcpart:n-:ent will release ties as
trunk and roots expand. This usu~l1y occurs approx,i-
matcly on(: J'CU1' after initial installation.
.
.
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.
'-
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D. . Weeding
.
--
1.
New Trees
RcmoY'c aU weeds from watcring basin on' a n10nthly
basis.
2. Established Trees
Hcmove all weeds in thc area of the drip )ine '01'
call the Municipal 11o.intenance Department for
sprayi,ng with prop,er, weed killers. '
E. . Trimming and Pruning
1. New Trees (none usually required).
2.' Established Trees
Call Municipal l\1:aintenance Department if pruning or
tdmnling is desired - not usually untii two years or
more.
'F. Replacements
"
'.1. Ncw Trees . '
Homeowner is responsible for replacem ent of tree if
moved or if tree dies due to lac~~ of. proper maintenance.
.
'Grading ,and Landscapin'g of Your Lawn
Proper grade for the land around the new hOlne is established
when the home is built. Changing the grade without proper
advice may cause drainage problems or if the change causes
excessive drainage on a neighbor's yard, legal difficulties may
result. Your builder is not responsible if the grade is changed.
'Prior to delivery your lot was inspected by the local building
inspection department to insure that your lot was adequo.tely
graded and that there were no ap'par~nt water problems.
. .
Good grass lawns' absorb 'water and prevent erosion. \Vhen
newly planted they should be sprinkled freeJy but gently to avoid
washing out seed.' Ground surface should be kept damp at 'all
times unlil the grass comeS up. .
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.
.
--..
,.
The land referred to in this Report is situated in the State of California, County of SAN DIEGO
CITY OF CHUIA VISTA and is described as follows:
LOT 0800F EL RANCHO DEL REY UNIT NO.1, IN mE CITY OF CHUIA
VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP mEREOF NO. 7396, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, AUGUST 9, 1972.
SPECIAL INFORMATION
Unless shown in the body of this preliminary report there appears of record no transfers or agree-
1/ (J ,5
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~ ------ -~
-
SCHEDULE A-Continued
3. The land referred to in this policy is situated in the State of Califomia, County of
, and is described as follows:
SAN DIEGO
LOT 80, OF EL RANCHO DEL REY UNIT NO.1, IN THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO.
7396, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AUGUST 9, 1972.
EXCEPTING THEREFROM ALL MINERALS, GAS, OIL, PETROLEUM, ASPHALTUM,
NAPHTHA AND OTHER HYDROCARBON SUBSTANCES BUT WITHOUT, HOWEVER, THE RIGHT
OF SURFACE ENTRY ABOVE A DEPTH OF 500 FEET FROM THE SURFACE OF SAID LAND.
r"..-- "~..,,-,,.~"
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....u".____
--......._M'~
--
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SCHEDULE B
This policy dOf>s not insure against 105s or damage by reason of the following:
PART I
1. Taxes or assessments whi..h are not shown as nisting liens by tile records o! any taxing authority that levies tax"" or
assessmenls on real property or by tile puhlic records.
2. Any facts, rif:hls, inlcrcsts, or rla;l\Is which are not shown b)' th.. public records but which could be ascertained by an
inspection of said land or j,y makinf: inquiry of persons in possession thereof.
3. ~sel\lents, daims or ('a,em..nt or encumhrances which are not shown by tbe public records.
4. Dis..rCI'311ci"s, eont;ids in bo.;nd.lry lines, sllorla!:c in area. eneroadmlents.or any other faels which. correct surver would
disc\os", and whi..h arf' not shuwn by Ihe pul.!i.. records.
5. Unp::len!ed mining ebirns; reservations or exceptions in patents or in Acts authorizing tIle issuance thereo!; waler
righls, claims or title to waler. -
PART II: Liens, encumbrances, defects and other matlers affecting title to said land or to which said title is Rubject:
1. TAXES FOR THE FISCAL YF~n, 1973-74, A LIEN NOT YET DUE AND PAYABLE.
2. A SET BACK LINE 10 FEET EASTERLY AND 15 FEET SOUTHERLY IN WIDTH
OVER SAID LOT AS SHOWN ON THE RECORDED MAP OF SAID SUBDIVISION.
.
3. EASEMENT FOR TREE P~.NTING AND MAINTENANCE AND INCIDENTAL
PURPOSFS OVER, UNDER, ALONG A!~D ACROSS THE EASTERLY AND SOUTHERLY
7.5 FPET OP ShID LOT AS DEDICATED AND SHO~~1 ON Tlm MAP OF SAID TRACT.
prsmvn;::;, nm;V.im, 'ID T"rlE O\':l~ cr' THI: FEE mD:C"\LYIl~ hl~ EAb."R-~IEl:U' DIDlCATED O:~
THE RECORDED l'il'~ OF' SliID TRi\CT, TES C0.~"TIN'"JED USE 0::' ThE Su'P.FACE OF S?UD REAL
PROPERTY, Sl.i'll.TL...:cT, n0;'JElI:R, TO TIIC rol..L(J.,,'Jl~ COXDITIO~JS: TJ:!E ERECTn!i OF
BUILDll\'GS, Hh~DNRY "~,LLSr a~smm.Y F'ElJ:ES AND OTHER ST?'U~TL"P.ES, OR THE F'~'TIN::;
OR GRcr\'IN3 OF TPJ:ES OR SHRtJP~, OR CEAN3n-r; TEE SUFTACE GrADE, OR THE nJSTll.L-
IATION (1; P~v'h'l'.L.J.Jy O:~-ED PIPE LTI'"!ES SHALL BE PPDHIDI'I'ED UNLESS 1'7RI'ITI!-J PER-
NISSIOH IS FIRST Olfl'..AINID FRCM THE CITY OF Ch1..i'L'\ 'VISTA.
4. AN rASHill1l' FOR UNDERG?.DUND CONDUITS A.."ID ABJ\TU;ROUIID rx:uIPHn,~ OVER, li'NDER
AI'!) l~CROSS T:.-IT:.T CEI-Tl~IJ:~ 5.00 FCOT S'l'LcrP OF' lAND ON St'\ID IJ::fr" AS GRANI'ED TO SAN
DIE30 G?~S & ELECITJC Ca.!I'l....NY, A CORPORkJ.'rOlJ RECORDED DEJ:il-2ER 1, 1972 AS FILE
NJr, 322059 0::' C:'TICIAL ro.:cORDS.
5. AN I7~E:.rr:Nr FOP. D.BLES, COIDUITS AIID nI::IDEl:I1J. PI.m.t~SE.S AS GPANTID 'ID
THE Pl.cIFIC T' j ,rT-if:):lli 1:J.~ '.1.'u .FGPJ\rH Ca'1PANY, P.ECOf:Dill DICTI';?'F.P" 27, 1972 1$
FILE hOe 3.'13489 OF DrFICIAL RB:OHDS.
't1m AJ3JlED!::xRIBID EASE!.'ENl' SKt\LL BE I.tX1'.TED OU A ~"T'1UP CF lAND 2.5 FEEl' IN
lV'ID1'H IN S\.ID JJ)TS nt S~ID SUBDI\TISION' AB:'iTl'llr.:; ClJ:.LE ~SrJAGO, AVI:NID.~
YSD!O'\, C7' .LL'S1!IT: ID~P, VI, T.r.Tt::U\ lCOP, BUF.1~ VISIt\. l2\Y, DJ:~ c..~S c:r.,
DON C:'\.t".IDS COj"W', Sl~ml. c~Z CO~"R1', LOS cc::m:.c; COURT, CE?.PJ:T:)S CO'Lm AND
YOJB:.\ CO:J?X l~S S!-I.ID lGTS l:l'[) Ct"'..LLEr 1'.VE::-."ID.1\, cx)oPS, '~..Y, CT., PJ-ID COUll'S
A.'ill SIiO\-;N O:~ TEE l.ii~ OF SAID SUIDIVISION.
6. COl2;'\1-IT'S I' CONDITIONS AND m::STRICTIONS, O:.n'ITI1:G ru::~l'l aCTIO:'J$ III:RETI1
11' ;u.;y ~ nr).SED ON RACE .COIDR, nELIGIO:~ OR Nl'.TIO!;'J:. OrJGIN, AS CONTAIlrn IN
INSmu.: IT:7l' I:li~LTTill EY U\l~'m.J-&;N DDr,a, ll-C., I.... Cl:.LIPo?j-!I.~ COl1I'-o?XrIO~~,
RrCOT:D?'L) rI2.?u.C\.l\Y 23, 1!.173 AS FILl: ID, 73-048074 OF O?FI~IAL rm:oros, COI-rmnm,::;:
1-iJr.TGhGIZ l':i'D'l'rrrIO:'J CI.AUSr; ruD !D E-TRISS FOPU"EITLT.E OR RL..rEP-SIO!~ CL.~USE.
Lj!J - 1 CONTINUFD .........
B. COUNTY TAXES FOR THE FISCAL YEAR 1972-73 ARE AS FOLLOWS:
1ST INST. $3,301.36 PAID
2ND INST. $3,301.36 PAID
PARCEL NO. 642-040-09
LAND: $58,000.00 IMP. -0- P.P. -0- EXMP . -0-
CODE AREA NO. 1065
1ST INST. $1,188.20 PAID
2ND INST. $1,188.20 PAID
PARCEL NO. 642-040-10
LAND: $20,875.00 IMP. -0- P.P. -0- EXMP . -0-
CODE AREA NO. 1065
1ST INST. $1,202.43 PAID
2ND INST. $1,202.43 PAID
PARCEL NO. 642-040-11
LAND: $21,125.00 IMP. -0- P.P. -0- EXMP . -0-
A SCHEDULE OF NEW PARCEL NUMBERS AND TAXES WILL BE PROVIDED WHEN AVAIlABLE.
1. SET BACK LINES 10 FEET AND 15 FEET IN WIIYnI OVER THOSE PORTIONS OF
LOTS 1 THROUGH 240 AS SHOWN ON THE MAP OF SAID TRACT.
2. EASEMENTS FOR TREE PLANTING AND MAINTAINENCE AND INCIDENTAL PURPOSES
OVER, UNDER, ALoNG AND ACROSS SAID LOTS 1 ntROUGH 240 AS DEDICATED AND
SHOWN ON THE MAP OF SAID TRACT.
RESERVING, HOWEVER, TO THE OWNER OF THE FEE UNDERLY ING ANY EASEMENT
DEDICATED ON mE RECORD MAP OF SAID TRACT, mE CONTINUED USE OF mE
SURFACE OF SAID REAL PROPERTY, SUBJECT, HOWEVER, TO 'mE FOLLOWING
CONDITIONS: TIlE ERECTING OF BUILDINGS, MASONRY WALLS, MASONRY FENCES
AND O'mER STRUC'IDRES, OR THE PLANTING OR GROWING OF TREES OR SHRUBS,
OR CHANGING TIlE SURFACE GRADE, OR TIlE INSTALlATION OF PRIVATELY OWNED
PIPE LINES SHALL BE PROHIBITED UNLESS WRITTEN PERMISSION IS FIRST
OBTAINED FROM THE CITY OF CHULA VISTA.
CONTINUED.........
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3. AN EASEMENT FOR UNDERGROUND CONOOITS AND ABOVEGROUND E~IPHENT
OVER, UNDER AND ACROSS niE HEREIN DESCRIBED lAND, AS GRANTED TO SAN
DIEGO GAS & ELECTRIC COMPANY, A CORPORATION, RECORDED DECEMBER 1, 1972,
AS FILE NO. 322059 OF OFFICIAL RECORDS, AS DESCRIBED AS FOLWWS:
mOSE CERTAIN 5.00 FOOT STRIPS OF LAN~DCENT AND CONTIGUOOS
WIm mE SIDELINES OF FAST''H'' STREET, . WAY, CALLE SANTIAGO,
AVENIDA YSIDROA., YORRA COURT, DON CAR S COURT,~ ~ SANTA
CRUZ COURT, BUENA VISTA COORT, LOS COCHES COURT . . AND
VALENCIA LOOP, ALL SHOWN AND DELINEATED ON SAID NO.. ~-
(EFFECTS ALL LOTS, 1 TI{R.OUGH 240)
4. AN FASEMENT FOR CABLES, CONOOITS AND INCIDENTAL PURPOSES AS GRANTED
TO mE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, RECORDED DECEMBER 27,
1972 AS FILl: NO. 343489 OF OFFICIAL RECORDS.
LOTS 1 nmOUGH 240 INCWSIVE, OF EL RANCHO DEL REY UNIT NO. 1 SUBDIVISION
. AS SAID LOTS ARE SHOWN ON MAP OF SAID SUBDIVISION FILED FOR RECORD AS
MAP NO. 7396 ON TIlE 9TH DAY OF AUGUST, 1972, IN TIlE OFFICE OF TIlE COUNTY
RECORDER OF SAN DIEGO COUNTY.
THE ABOVE DESCRIBED EASEMENT SHALL BE LOCATED ON A STRIP OF LAND 2.5
FEET IN WIDTII IN SAID LOTS IN SAID SUBDIVISION ABUTTING CALLE SANTIAGO,
_ AVENIDA YSIDROA, CALIENTE LOOP J VALENCIA LOOP J BUENA VISTA WAY J OON
CARLOS CT., DON CARLOS COURT, SANTA CRUZ COURT, LOS COCHES COURT,
CERRITOS COURT AND YORBA COURT AS SAID LOTS AND CALLE, AVENIDA, LOOPS,
WAY, CT., AND COURTS ARE SHOWN ON THE MAP OF SAID SUBDIVISION.
5. COVENANTS, CONDITIONS AND RESTRICTIONS, OMITTING RESTRICTIONS
HEREIN, IF ANY, BASED ON RACE, COLOR, RELIGION OR NATIONAL ORIGIN, AS
CONTAINED IN INSTRUMENT EXECUTED BY LARWIN-SAN DIEGO, INC., A CALIFORNIA
CORPORATION, RECORDED FEBRUARY 23, 1973 AS FILE NO. 73-048074 OF OFFICIAL
RECORDS, CONTAINING: l<<>RTGAGEE PROTECTION CLAUSE AND NO EXPRESS
FORFEI'lURE OR REVERSION CLAUSE.
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ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
s
8/31/99
Ordinance 2793 Amending Section 19.58.147 of the Municipal Code
relating to required standards for Large Family Day Care Homes
Director of Planning and BrllL
City Manage~ ~!:i!!:\ (4/5tbs Vote: Yes_No--X.)
Staff is recommending this item be continued to the meeting of October 5, 1999.
_0/
Council Agenda Statement
Item: ~
Meeting Date: 08/3199
ITEM: Resolution Approving a Memorandum of Understanding
between the City of Chula Vista and the County of San Diego for use of
$106,396 in Used Oil Opportunity Grant Funding to Assist with the
Development and Operation of a Household Hazardous Waste Facility at the
City Corporate Yard and Appropriating Funds Therefor.
SUBMITTED BY: Special Operations Manager
REVIEWED BY: City Manag~ ~ (4/5ths Vote: Yes X No_)
In 1997 the City Council passed a resolution hJport~ a Regional Used Oil Opportunity Grant
Application to the California Integrated Waste Management Board (CIWMB) by the County of San
Diego. The grant application potentially provided funding to support the development of a regional
household hazardous waste facility in the South Bay. The funding and facility were designed to
improve service to local residents, increase the amount of household hazardous waste diverted from
improper disposal in landfills and storm drains, and help control the rapid increase in costs for the
current temporary event program. The grant has subsequently been awarded by the CIWMB to the
County, and the County has drafted a Memorandum of Understanding (Attachment A) that allocates
the funds to the City.
STAFF RECOMMENDATION: That Council approve the resolution authorizing the Mayor to
execute a Memorandum of Understanding for the expenditure of$106,396 (Attachment B) in CIWMB
grant funds and appropriate funds therefor.
BACKGROUND: In 1997 the City Council adopted a resolution authorizing the County of San
Diego application to the CIWMB for a Regional Used Oil Opportunity Grant. Subsequently in April
1998 the CIWMB awarded a grant of$251,776 to the County under Grant number UOG4-97-2346.
The County has recently completed its MOU to execute the grant and submitted it to staff.
The grant provides up to $106,396 in funds that will compliment the development and operation of a
regional household hazardous waste drop-off center for households in the greater Chula Vista area.
Chula Vista has subsequently applied for and been awarded a household hazardous waste grant award
by the CIWMB for $257,070 dollars to design, construct and operate a regional household hazardous
waste facility at the City's new Corporate Yard on Maxwell Road near the County landfill. The City's
grant application was developed to compliment the potential award of the County grant request.
DISCUSSION: The household hazardous waste (HHW) regional program approved by Council is
designed to service the South Bay. The pollution that threatens our recreation and wildlife resources
does not recognize jurisdictional boundaries. Paint, solvents, pesticides, cleaners, hypodermic
needles and other HHW that pollute our creeks, rivers, the bay and beaches have the same impact to
the environment whether they originate in Chula Vista or a neighboring city. Even if the City were
successful in diverting 100% of the HHW generated within City limits, that would not assure the
preservation of our recreation and wildlife resources without comparable success in jurisdictions that
share the same watershed.
~-/
Page 2, Item
Meeting Date 8/31/99
The HHW Regional Plan submitted to the State by the County and seventeen cities in the County calls
for transitioning away from expensive, inconvenient and ineffective one-day special events to at least
five strategically located permanent drop-off facilities. Permanent facilities operate at a significantly
lower cost than one-day events, provide more consistent service, shorter service lines, are easier to
promote and can accept hypodermic needles and other items not typically accepted at special events.
The HHW facility planned for the Chula Vista Corporate Yard is a temporary storage and transfer
facility that will be limited to accepting and storing only those types and quantities ofHHW typically
generated by residential generators. It will not accept commercial or industrial wastes. The facility
will be designed and permitted to store a limited amount of material for a short period of time. The
material will be packed for safe transport and transferred to licensed and permitted treatment and
recycling facilities by a licensed and bonded contractor. The City will hold the facility permit and
control the contract for removal and storage of the materials to insure that the highest federal, state and
local standards are adhered to at the site. The site will consist of mobile structures and containers that
could be relocated, if the Corporate Yard's final design and use should dictate.
Combined, the County and City grants will provide up to $358,172 over the next eighteen months to
implement the City's regional HHW program. Major portions of the grant funds are dedicated to the
design and building of a household hazardous waste facility at the Corporate Yard. One of the
primary goals of the facility design will be to build an efficient facility that will allow the program to
divert as much HHW from the South Bay region at the lowest possible operating cost in the future.
The County grant provides reimbursement for grant expenditures of up to $106,396. Once the grant
funds are expended host jurisdictions will be responsible for paying the full cost of disposal for
generators from their respective jurisdictions. The more efficient the facility can operate, the lower
future costs will be for all participating jurisdictions. Chula Vista has established a (1 %) one per-cent
HHW surcharge on solid waste service charges that is capable of funding the City's HHW disposal
costs for Chula Vista residents. Staff is developing MOD's for reimbursement by other South Bay
jurisdictions that may choose to use the facility. Chula Vista currently reimburses Coronado for the
use of their facility by Chula Vista residents. The additional funds provided through the County grant
and proposed MOD will make the Chula Vista facility a more cost-effective component to the
solution of a significant environmental challenge.
FISCAL IMPACT: There is no impact on the City's general fund as a result of approving the
resolution. If approved the grant and MOD will provide $106,396 to compliment the development
of a permanent regional HHW drop-off facility. The Conservation Program would fund the
administrative costs associated with the implementation of the program. That program is fully
funded by other grants and the AB939 and HHW fees generated by a surcharge on solid waste bills.
If awarded, a more comprehensive program would reduce those costs associated with the City's
response to improper disposal of household hazardous waste within the City and potentially reduce
future HHW disposal costs paid by residents.
Attachments
mtm/c:hhtw /mou99-cas .doc
Printed on recycled paper, naturally!
;; '/;Z
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA
AND THE COUNTY OF SAN DIEGO FOR USE OF
$106,396 IN USED OIL OPPORTUNITY GRANT FUNDING
TO ASSIST WITH THE DEVELOPMENT AND OPERATION
OF A HOUSEHOLD HAZARDOUS WASTE FACILITY AT THE
CITY CORPORATE YARD AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, in 1997 the city Council passed a resolution
supporting a Regional Used oil Opportunity Grant application to the
California Integrated Waste Management Board (CIWMB) by the County
of San Diegoi and
WHEREAS, the grant application potentially provided
funding to support the development of a regional household
hazardous waste facility in the South BaYi and
WHEREAS, the funding and facility were designed to
improve service to local residents, increase the amount of
household hazardous waste diverted from improper disposal in
landfills and storm drains, and help control the rapid increase in
costs for the current temporary event programi and
WHEREAS, the grant has subsequently been awarded by the
CIWMB to the County, and the County has drafted a Memorandum of
Understanding that allocates the funds to the City.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby approve a Memorandum of
Understanding between the City of Chula vista and the County of San
Diego for use of $106,396 in Used Oil Opportunity Grant Funding to
assist with the development and operation of a Household Hazardous
Waste Facility at the City Corporate Yard, a copy of which shall be
kept on file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Memorandum of Understanding on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the amount of $106,396 is
hereby appropriated as set forth in Attachment B.
Presented by
Approved as to form by
Michael Meacham, Special
Operations Manager
H:\home\lorraine\rs\usedoil.6
t: /;3
(Attachment A)
REIMBURSEMENT UNDER USED OIL OPPORTUNITY GRANT
FOURTH CYCLE - UOG4-97-2346
THIS AGREEMENT (the "Agreement"), is made and entered this }St day of July 1999, by and
between the City of Chula Vista ("Chula Vista"), a co-grantee and a municipal corporation, and
the County of San Diego, Department of Environmental Health ("County"), Grant Administrator.
Recitals
WHEREAS, the County, in conjunction with the cities of Coronado, Chula Vista, Imperial
Beach, La Mesa, Lemon Grove and National City, was awarded a Used Oil Opportunity Grant-
Fourth Cycle - Grant No. UOG4-97-2346, by the California Integrated Waste Management
Board (CIWMB) on April 2, 1998, in the amount of$251,776; and
WHEREAS, the goals of this grant are to: I) open three easily reached and accessible permanent
collection facilities serving south suburban, east suburban and east county in San Diego county,
and 2) offer a proactive public education program and educational flyers to describe and promote
the use of the facilities; and
WHEREAS, the County, as the designated Grant Administrator and the lead jurisdiction for a
cooperative project, has sole responsibility for reporting to and making payment requests of the
CIWMB for this cooperative project; and,
WHEREAS, Chula Vista will operate a used oil collection facility (the "Facility") that IS
available to residents within Chula Vista, Coronado, Imperial Beach and National City; and
WHEREAS, Chula Vista agrees to execute used oil reciprocal/use agreements with the County to
provide that residents of the unincorporated areas of the County may use the Chula Vista
Facility; and
WHEREAS, the proper disposal of used oil benefits all residents of the south suburban areas of
the County; and
WHEREAS, the Facility complies with all federal, state and local laws and regulations
concerning the disposal of used oil; and
WHEREAS, Chula Vista has been allotted $96,396 for the siting of a used oil collection facility
and $10,000 for public education and the promotion of the Facility (a total of $106,396) by the
CIWMB; and
WHEREAS, the County, as Grant Administrator, agrees to reimburse Chula Vista for expenses
incurred for the completion of the Facility an amount not to exceed $106,396.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, Chula Vista and the County of San Diego agree as follows:
(; - if-
1. Duties. Chula Vista agrees to complete the activities described in the attached Work
Statement, Exhibit C, for the siting and operation of the permanent collection center to be located
in the city of Chula Vista. Chula Vista agrees to the following approved budget category
amounts: 1) Staffing costs: $4,604.00, 2) Site preparation: $55,500, 3) Equipment: $27,652, 4)
Disposal Costs: $8,640, and Publicity and Education: $10,000 for costs not to exceed $106,396.
2. Term. This agreement shall commence on the date stated above and shall continue
through May 31, 2000.
3. Pavment. Payment requests may be submitted by Chula Vista to the County any time
Chula Vista has a reasonable amount of funds to claim. However, at a minimum, a payment
request must be submitted every six months, if costs have been incurred and not yet claimed.
Chula Vista agrees to submit to the County any and all appropriate documentation for all costs
claimed. Types of acceptable documentation include: 1) Invoices which include the name of the
vendor, vendor's telephone number and address, description of goods or services purchased,
amount due, and date; 2) Receipts which should include the same information as invoices; 3)
Purchase orders which should include the same information as invoices and must be
accompanied by a copy of a canceled check; and 4) Personnel Expenditure Summary Forms that
document personnel expenditures based on actual time spent on grant related activities. Chula
Vista is advised that prior to approval of the final payment by the CIWMB Grant Manager, proof
of delivery and payment shall be required.
4. Dispute. If a dispute should arise regarding the performance of this Agreement, the
parties hereby agree to attempt to settle the dispute by subsequent agreement between County
staff and Chula Vista staff. In the event that a dispute continues, a representative of Chula
Vista's staff and the Director of the Department of Environmental Health (DEH) shall state their
respective views of the dispute in a letter to DEH, sending copies to each other. Within ten (10)
working days of receiving the letters from both parties, the Director of DEH shall consider the
facts and solutions recommended by each party. In such cases, the action of the Director ofDEH
shall not be binding upon both the County and Chula Vista. Nothing in this procedure shall
prohibit the parties seeking remedies available to them at law.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day and year
first written above.
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO
Title
Title
j,:~
(Attachment B)
Household Hazardous Waste State Grant # UOG4-97-2346
Bud2et Cate!!ories Outlined in the MOD Amount
Personnel Costs $4,604
Site Preparation $55,500
Equipment $27,652
Disposal $8,640
Public Education $10,000
Total Program Budget $106,396
j,/~
COUNCIL AGENDA STATEMENT
Item 7
Meeting Date 8/31/99
ITEM TITLE Resolution Setting September 14, 1999, as the Date for a
Public Hearing for Consideration of a Grant of a Modified Cable System
Franchise to CoxCom, Inc., dba Cox Communications San Diego
SUBMITTED BY: Special Operations Manager
REVIEWED BY: CitYManag~~ ../' (4/5thsVote: Yes_No~
This resolution would set the hearing date for a proposed amendment to the City's franchise with
Cox Communications (Attachment A). Among the terms of this proposal, the City would receive
equipment, high speed internet access and capacity that would improve communications between
some remote City buildings and the Civic Center, and make improvements to the City's web site at
no cost to the City. The proposal also transfers the responsibility for the broadcast of Council
Meetings and other City information on the government channel, from Cox Communications to the
City, and provides equipment to facilitate the transfer. Additionally, the proposal includes a
recommendation to increase the franchise fee from 3% to the industry standard level of 5% of gross
revenues, and extends the current agreement with Cox Communications for an additional ten years.
The additional revenues produced from the franchise fee increase were contemplated in the revenue
projections approved by Council as part of the 1999/2000 Annual Budget.
RECOMMENDATION: That Council approve the resolution setting Tuesday, September 14,
1999 at 6:00 p.m. in the Council Chambers as the date, time and place for the public hearing.
BOARD/COMMISSION RECOMMENDATION: N/A
BACKGROUND
On April 16, 1964, the City Council adopted Ordinance No. 882 granting a franchise to Area
Television Antenna, Inc. to operate a community antenna television system in the City of Chula
Vista. That franchise was subsequently taken over by Cox Cable and substantially amended in
1984 and is currently scheduled to expire in January 2009.
Under the current terms of that franchise, the City is paid a 3% franchise fee on Cox's gross
receipts. This rate is substantially below the industry standard of 5%, which is also the state and
federal maximum. Of Cox's other jurisdictions in San Diego County, only San Diego and the
County are not at a full 5% -- San Diego is at 3%, the County is at 5% of receipts from basic and
expanded service tiers only. In June of 1998 with adoption of the 1998/99 budget, the City
Council voted to direct staff to negotiate an agreement to increase the cable franchise fee from
3% to the industry standard of 5%. Subsequently, Council adopted the 199912000 fiscal year
budget that includes $200,000 in additional franchise fee revenues. The $200,000 in 1999/2000
fiscal year revenue is based on the 2% fee adjustment going into effect in November of this year.
7-/
Item, Page 2
Meeting Date 08/31/99
DISCUSSION:
There have been several changes in the cable industry in the 15 years since the last update, and the
face of the industry within the San Diego market has changed as well. The current negotiations
have taken place in the middle of the franchise term and were not viewed as a wholesale rewriting
of the franchise but rather as an opportunity for both Cox and the City to address issues of mutual
concern.
Just prior to the beginning of the negotiations commencing in 1997, the City had completed an
extensive public outreach, market research and hands-on workshop process for the Smart
Community Program. This process identified strong public interest for a wide variety of services
and capabilities via the Internet and other evolving technologies. Fortunately, the technologies
involved in interactive computing and cable television have converged. In 1997, Cox launched its
Cox @home internet service via cable modems.
Staff took advantage of this change in technology and the current negotiating opportunity to
incorporate the public input from the Smart Community Program outreach and market research as a
key component in the franchise negotiations. Staff and Cox Communications have worked together
to provide the City with additional communications access that will move the City closer to
providing residents and businesses with the types of services contemplated under the Smart
Communities Program in a cost-effective manner.
Major Proposed Terms
The proposed terms would include the following. Final language on these and other issues is still
under discussion.
1. FRANCHISE FEE: Raise the existing franchise fee from 3% to 5%.
2. TERM: 10-year extension, expiring on December 31, 2019.
3. WEB SITE: Web hosting equipment and services for the City's Web site, and high speed
Internet access at 1.5 MB band width.
4. PEG "CAPITAL"GRANTS: (Public Education Governmental) Grants; $100,000 in PEG Grant
funds provided to the City by Cox Communications.
5. CABLE MODEMS: Installation, service and use of up to 30 cable modems with three
computer users per modem at no charge that will link the Civic Center to remote City facilities
such as Fire Stations and Recreation centers.
6. EXTENSION OF SERVICE: There is no current language in the franchise dealing with the
distances, development densities or timing within which it is expected that service will be
provided at no significant cost. Under the proposal these standards would be specified and Cox
Communications will pay the first $1,000 for installations in excess of 150 feet overhead and 50
feet underground. '/ .,- 2.
Item, Page 3
Meeting Date 08/31/99
7. SYSTEM AND SERVICES REVIEW: The City and Cox would hold a System and Services
review sessions at five year intervals beginning in the year 2005 to deal with changes in
technology, the law, customer service and other issues. The City may take action at that time to
require Cox to implement any new programs or procedural changes that do not constitute a
"material change" in the franchise. Items that do constitute material changes may be mandated
subject to an additional five-year franchise extension.
8. EXTENSION OF CUSTOMER SERVICES: Chula Vista was among the first areas in San
Diego County to benefit from the additional channel capacity created by Cox's early-mid 1990's
system upgrade. This proposed amendment would require Cox to make new services available
to Chula Vista subscribers if they are made available to at least 45% of Cox subscribers
countywide, in at least 45% of the Cox franchise jurisdictions in the County. This proposed
amendment is intended to continue to assure that Chula Vista residents and businesses are in the
forefront of developments in the technology or services available in the industry. While it is in
Cox's best economic interest to roll out new services and technology to as many customers as
possible, this provision would help ensure that Chula Vista is not left among the last
jurisdictions to receive those services.
9. TRAFFIC SIGNAL ACCESS TO CABLE FACILITIES: City and Cox agree to work together
in good faith to explore evolving technologies and related services, City/Cox partnerships and
infrastructure links, and expanded uses of cable-related technology, including the feasibility of
central traffic signal control via cable facilities.
10. VIDEO PLAYBACK: Cox is in the final stages of transitioning away from the rebroadcast of
City-provided videotapes (e.g. City Council meetings) for San Diego County jurisdictions.
With this amendment, Cox would provide playback equipment at no charge for the City to link
directly into the government access channel and broadcast up to four continuos hours of the
Council meetings or other programming by City Staff.
11. CUSTOMER SERVICE STANDARDS: Maximum allowable times for response to customer
service requests would be specified, along with liquidated damages in case a complaint is not
handled with satisfactory timing, courtesy and actions.
12. OBSCENITY: The franchise would have a provision added regarding available options to
block audio/visual transmissions of obscene, indecent or unwanted programming, with
appropriate notice of those options provided to customers at the start of their subscription and at
regular subsequent intervals.
This amendment would also allow the opportunity to update various standard two-party contract
language, such as the City's minimum insurance requirements and indemnity provisions.
Municipal Code Amendment
Section 5.52.010 of the Municipal Code currently provides for payment of franchise fees in the
amount of 3%. The franchise agreement with Cox also specifies a franchise fee of 3%. The Chula
Vista Cable franchise states that they shall pay a franchise fee equivalent to Cox's current rate.
7-3
Item, Page 4
Meeting Date 08/31/99
While the provisions of the negotiated franchise agreements should supersede the provisions of the
Municipal Code, it is recommended that the code be amended to allow a franchise fee "not to
exceed the maximum allowable by state and federal law. Unless otherwise specified in a franchise
agreement, that fee shall be five percent (5%)." Such an amendment will also be part of the
proposed public hearing on September 14, 1999.
Cox Communications is making other adjustments to local rates in November. Staff will include
information regarding the impact, if any, to Chula Vista's rates from all the proposed changes in the
September 14, 1999 staff report. To the extent the information is available, staffwill also report on
how Chula Vista cable rates compare to other rates in the service area.
FISCAL IMPACT
The setting of a public hearing date places no obligation on the Council or the City's current
franchisees and has no direct fiscal impact. The proposed increase in the franchise fee from 3% to
5% would lead to a 66% increase in annual franchise payments. With Cox currently paying
approximately $550,000 per year in franchise fees, this would lead to an annual increase of
$360,000. Since Chula Vista Cable's franchise requires that they pay the same franchise fee as is
required of Cox, their franchise payments (currently around $35,000) would be projected to rise by
approximately $23,000.
For fiscal year 1999-2000, this change would be projected to start in November. Thus, the prorated
additional franchise fees would be approximately $230,000 from Cox and $15,000 from Chula
Vista Cable. At Council direction, a total of $200,000 was included in the budget as associated
revenue to be realized from such an amendment.
Cox would also provide additional hardware that will assist the City in replacing the service
previously provided by Cox to broadcast pre-recorded public service information such as Council
meetings. There are likely to be additional staff and maintenance costs related to assuming this
function. In addition to other fees, equipment and services described, Cox would also provide the
City with a one-time Public Education Governmental Grant of $100,000 that will assist the City in
completing its public education and communication efforts.
C :MTM:mydocuments\cable-communications\reso-intent-99
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SETTING SEPTEMBER 14, 1999 AS THE
DATE FOR A PUBLIC HEARING FOR CONSIDERATION OF
THE GRANT OF A MODIFIED CABLE SYSTEM FRANCHISE
TO COXCOM INC., DBA COX COMMUNICATIONS SAN
DIEGO
WHEREAS, on April 16, 1964, the city Council adopted
Ordinance No. 882 granting a franchise to Area Television Antenna,
Inc. to operate a community antenna television system in the city
of Chula vista; and
WHEREAS, said franchise was subsequently taken over by
Cox Cable and substantially amended in 1984 and is currently
scheduled to expire in January, 2009; and
WHEREAS, staff has been renegotiating certain franchise
terms because there have been several changes in the cable industry
and the San Diego market in the last 15 years; and
WHEREAS, the maj or terms being renegotiated include:
Franchise Fee; Term; Peg Grant, Cable Modems, Extension of Service,
System and Services Review, Extension of Customer Services,
Potential Traffic Signal Access to Cable Facilities; Video
Playback; Customer Service Standards and Obscenity.
WHEREAS, in accordance with section 1201 of the City
Charter, the city Council shall pass a resolution declaring its
intention to grant a franchise and fix the day, hour and place when
and where any persons having any interest therein or any objection
to the granting thereof may appear before the City Council and be
heard thereon.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby set September 14, 1999 at 6:00 p.m.
in the Council Chambers as the date, time and place for the public
hearing for consideration of a proposed agreement to grant a
modified franchise agreement to Cox Communications San Diego
subject to substantially the following modified terms and
conditions:
Increasing the franchise fee from 3% to 5%, extending the term
by 10 years, providing up to thirty cable modems for city
facilities (e.g. libraries, recreation centers), providing a
PEG (Public, Educational, Governmental) grant of $100,000,
specifying the distances, development densities or timing
within which it is expected that service will be provided at
no significant cost, requiring a system and services review at
five year intervals beginning in 2005, specifying the
circumstances under which additional services available
1
7/_5
elsewhere in the County would be made available to Chula vista
subscribers, providing for good faith negotiation of future
technology linkages or other issues of mutual interest,
providing the city with playback equipment for the broadcast
of City Council meetings, specifying minimum customer service
standards and liquidated damages if they are not met,
providing for subscriber notification of options to block
audio/visual transmissions of unwanted programming, amending
text regarding renegotiation intervals, amending termination
provisions and disposition of the franchise property in such
case, amending text regarding rate regulation authority,
providing that there shall be no offset or credit on the
franchise fee, setting the limitations of the grant of
franchise and rights reserved to city, specifying the location
of franchise properties and the standards for their
construction or maintenance or relocation, amending insurance
and liability provisions, amending text regarding inspection
of property and records, providing for resolution of issues in
conflict or held to be invalid, making representations and
warranties as to the franchise, agreeing to provisions of
force majeure and time being of the essence, and clarifying
existing definitions and administrative provisions.
BE IT FURTHER RESOLVED that the city Clerk is hereby
authorized and directed to publish, at least once within fifteen
days after the passage of this resolution, and at least ten days
prior to the date of the hearing, appropriate notice of such
hearing.
Presented by
Approved as to form by
Michael T. Meacham
Special Operations Manager
H:\home\lorraine\rs\franchise,cox
2
7~?
COUNCIL AGENDA STATEMENT
Item t
Meeting Date 8/24/99
ITEM TITLE:
Resolution Amending the Fiscal Year 1998-99
budget in accordance with the budget transfer policy.
Director of F!npnce vO
Fire Chief l~ D ,,(\ A
City Manag~ ~ ~Vl
(4/5ths Vote: Yes_No_X_)
SUBMITTED BY:
REVIEWED BY:
The Council Policy on Financial Reporting and Transfer Authority requires that all
departments complete the fiscal year with a positive balance in each budget
summary (Employee Services, Supplies and Services and Capital Outlay). In
order to comply with the intent of this policy, the following transfer relating to the
Fire Department is recommended.
RECOMMENDATION: That Council amend the fiscal year 1998-99 budget
by transferring appropriations to ensure that the Fire Department ends the fiscal
year with out exceeding any budget summary as required by Council policy.
BOARDS/COMMISSIONS RECOMMENDATION:
Not Applicable.
DISCUSSION:
As part of the budget process, all departments projected their total expenditures
for the fiscal year. In comparing the actual budget to the revised projections it
was noted that the Fire Department has exceeded its overall budget by
approximately $55,000.
During the last quarter of Fiscal Year 1998-99, the Fire Department experienced
an unusually high number of persons on injury leave. During the fourth quarter of
1998-99 there were six personnel off on injury or long-term sick leave. This
represents a total of about 8% of the department's fire fighting workforce. In
addition, the department continues to transition from a Supplemental Staffing
model to a Constant Minimum Staffing model. This equates to a reduction of the
overall number of personnel in the department from the previous year. The
3/)
combination of these two factors has resulted in an unanticipated increase in
overtime causing the department to go over budget.
It is recommended that the necessary appropriations be transferred from salary
savings realized in the Department of Public Works.
FISCAL IMPACT:
The recommended transfer will not require any additional General Fund
appropriations as it will be covered by savings achieved in the Department of
Public Works.
g>;2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 1998-99
IN ACCORDANCE WITH THE BUDGET TRANSFER POLICY
WHEREAS, the Council Policy on Financial Reporting and
Transfer Authority requires that all departments complete the
fiscal year with a positive balance in each summary category
accounts (Employees Services, Supplies and Services and Capital
Outlay); and
WHEREAS, in order to comply with the intent of this
policy, a transfer of $55,000 relating to the Fire Department is
recommended to be approved; and
WHEREAS, it is recommended that the necessary
appropriations be transferred from salary savings realized in the
Department of Public Works.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby amend the Fiscal Year 1998 - 99
budget to transfer $55,000 from the Department of Public Works to
the Fire Department in accordance with the budget transfer policy.
Presented by
Approved as to form by
A~
Robert Powell, Director of
Finance
J
Kaheny, City At
H,\home\lorraine\rs\budget.xfr
gr)
COUNCIL AGENDA STATEMENT
Item
Meeting Date: 08/31/99
9
REVIEWED BY:
RESOLUTION AUTHORIZING CONDITIONAL TEMPORARY
CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON
SEPTEMBER 11 AND 12, 1999, FOR THE ORANGE CRATE
DERBY.
Chief of pOlice~
Risk Manage~ /Ch^
City Manag~ \y..x~~ \
--~.({J5ths Vote: Yes No X
ITEM TITLE:
SUBMITTED BY:
The Bonita Orange Crate Derby Committee of the Bonita Valley Lions
Club is requesting permission for a temporary street closure on
Rancho Del Rey Parkway on September 11 and 12, 1999, to conduct
their 20th Annual Orange Crate Derby.
RECOMMENDATION: That Council approve the resolution and authorize
condi tional temporary closure of a portion of Rancho Del Rey
Parkway on September 11 and 12, 1999, for the Orange Crate Derby,
subject to staff conditions as stated in this report.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The Bonita Orange Crate Derby Committee is requesting
permission to conduct the 20th Annual Orange Crate Derby on
Saturday and Sunday, September 11 and 12, 1999. The event would be
conducted on the west section of Rancho Del Rey Parkway, between
Terra Nova Drive to the north, and Del Rey Boulevard to the south.
Both Terra Nova Drive and Del Rey Boulevard, as well as all other
sections of Rancho Del Rey Parkway, would remain open to traffic at
all times. Diagrams of the event area are attached (Attachment "A"
and "B"). This is a two day event with the street closed to all
traffic from 6:00 a.m. Saturday until 6:00 p.m. Sunday.
The sponsor expects that approximately 150-200 youngsters, ages 7
to 13, "driving" 75 separate derby cars, would be involved in the
double elimination competition during the two day event. The derby
cars are built by families, according to specifications provided by
the sponsors. Each car is equipped with a steering wheel (steering
capacity is limited to avoid "over-steering" by young drivers) and
a friction-drag braking device. Each car is inspected to verify
that safety equipment is in working order, and drivers are required
to wear helmets, long pants, and sturdy shoes.
The race course is approximately 1,000 feet in length, with no
9.//
Page 2, Item
Meeting Date: 08/31/99
curves or turns. The entire course is separated with traffic
safety cones. The use of cones serves two purposes; they delineate
lanes, and also act as brakes if the cars accidentally run over
them. The run-out area below the finish line is also lined with
traffic cones. Only two cars are permitted on the course at any
one time.
Spectator areas are designated and separated from the course by
flag lines.
The sponsors would be required to provide insurance, portable
toilets, litter containers and trash control, necessary traffic
barricades, cones, and directional signs, and overnight security
(most cars will remain at the event site overnight) .
The event has been conducted in the Rancho Del Rey area for the
past seven years. No significant problems with this event have
been noted. The event has very little impact on residents in the
area, since all residential areas are fully accessible by alternate
streets.
Approval of the request should be subject to the following
conditions:
1. The sponsors shall submit proof of insurance in the form of a
Certificate of Insurance for $2 million Commercial General
liability insurance, or equivalent form, acceptable to the
City, with a policy endorsement naming the City as insured,
making their insurance primary with respect to the City's
insurance and providing notification of cancellation.
2. Provide a letter acceptable to the City Attorney from the
sponsors in which they agree:
1) Not to sue the City, its agents and employees for any act
arising from the Orange Crate Derby; or,
2) To fully indemnify and hold the City harmless and to
release the City, its agents and employees from any and
all liability arising from the Orange Crate Derby,
excluding only that liability which may arise from the
sole negligence or sole willful conduct of the City.
3. The sponsors shall provide, at their own expense, all
necessary supplies and services required to safely conduct the
7~c2
Page 3, Item
Meeting Date: 08/31/99
event, including portable toilets, trash receptacles, trash
control and recycling as appropriate, crowd control, traffic
control and traffic control equipment, signs and security. The
applicant shall develop and implement a solid waste management
plan approved by the Conservation Program to prevent litter,
provide recycling, and disposal throughout the affected area
during the event including arrangements for professional
street sweeping immediately following the event.
4. Sponsors shall provide a fully refundable $250 cleaning/damage
deposit.
5. Sponsors shall post applicable street closure signs at least
48 hours in advance of the event.
6. All event participants shall be required to sign liability
waivers approved by the City Attorney as to form. These
waivers must indicate that the City of Chula Vista will be
indemnified and held harmless.
7. The sponsors shall provide adequate supervision of event
spectators and participants to prevent damage to City property
and landscaping.
8. The sponsors shall provide adequate and sufficient street
barricades and supervision to insure that no vehicles are
permitted into the event area throughout the duration of the
event, including the overnight period.
9. Sponsors shall notify area residents that the event is being
held 48 hours prior to the event.
FISCAL IMPACT: There is no fiscal impact on the City. The event
sponsors will be responsible for all event costs. However, if any
services are provided by the City before, during, or after the
event, they will be fully reimbursed by the sponsor.
Attachments:
"A" - General Site Plan
"B" - Detail Site Plan
A:\ORANGEDOC and
J: lusrladmin \scs\al13slorange.doc
9~J
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING
CONDITIONAL TEMPORARY CLOSURE OF A
PORTION OF RANCHO DEL REY PARKWAY ON
SEPTEMBER 11 AND 12 1999, FOR THE ORANGE
CRATE DERBY
WHEREAS, the Bonita Orange Crate Derby Committee of the
Boni ta Valley Lions Club is requesting permission for a
temporary street closure on Rancho Del Rey Parkway on
September 11 and 12, 1999, to conduct their Nineteenth Orange
Crate Derby, and,
WHEREAS, the sponsors shall submit proof of insurance in
the form of a Certificate of Insurance and police Endorsement
for $2 million Commercial General liability insurance, or
equivalent form, acceptable to the city, with a policy
endorsement naming the City as insured, making their insurance
primary with respect to the city's insurance and providing
notification of cancellation, and,
WHEREAS, the sponsors shall provide a letter acceptable
to the city Attorney in which they agree to not sue the city,
its agent and employees for any act arising from the Orange
Crate Derby; and to fully indemnify and hold the City harmless
and to release the city, its agents and employees from any and
all liability arising from the Orange Crate Derby, excluding
only that liability which may arise from the sole negligence
or sole willful conduct of the city, and,
WHEREAS, the sponsors shall provide, at their own
expense, all necessary supplies and services required to
safely conduct the event, including portable toilets, trash
receptacles, trash control, crowd control, traffic control and
traffic control equipment, signs, and security, and,
WHEREAS, the sponsor shall develop and implement a solid
waste management plan approved by the Conservation Program to
prevent litter, provide recycling, and disposal throughout the
affected area during the event including arrangements for
professional street sweeping immediately following the event;
and,
WHEREAS, the sponsors shall provide a fully refundable
$250 cleaning/damage deposit, and,
WHEREAS, the sponsors shall post applicable street
closure signs at least 48 hours in advance of the event, and,
WHEREAS, all event participants shall be required to sign
liability waivers approved by the City Attorney as to form.
These waivers must indicate that the city of Chula vista will
9~f
be indemnified and held harmless, and,
WHEREAS, the sponsors shall provide adequate supervision
of event spectators and participants to prevent damage to city
property and landscaping, and.
WHEREAS, the sponsors shall provide adequate and
sufficient street barricades and supervision to insure that no
vehicles are permitted into the event area throughout the
duration of the event, including the overnight period, and,
WHEREAS, the sponsors shall notify area residents that
the event is being held 48 hours prior to the event.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby authorize temporary
closure of Rancho Del Rey Parkway on september 11 and 12,
1999, for the Orange Crate Derby subject to conditions as
noted above.
Presented by
Approved as to form by
fdkJfL
Richard Emerson
Chief of Police
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20TH ANNUAL
ORANGE CRATE DERBY
SEPTEMBER 11 and 12, 1999
Sponsored by:
McMillin Companies & Chu/a Vista Host Lions
For kids age 7-13
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WINNER'S TROPHIES!
OraDge Crate T-shirts for all driven!
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1st, 2nd and ~ place winners in etU:h category
. will be awarded.. .
Build...a-Car Clinic! Saturday, July 24, 8:00am-1:00pm
Examples of classic design cars. parts lists, and design assistance and rules information available.
Location: Rancho Del Rey Information Center
Inspection (Mandatorv)! Saturday, August 21, 8:00am-1:00pm
All cars MUST pass inspection before they will be allowed on racecourse.
Location: Rancho Del Rey Information Center.
Open Practice Saturday, September 11, lO:OOam-3:00pm
Located at the comer of Rancho Del Rey Pkwy. and Del Rey Blvd.
No repair facility will be available at the racecourse on Saturday, September II,
RAcE DAy SUNDAY, sEPTEMBEl12TH
_TORY CHECK IN nit 7:00.
.,,, Entry form and fee of $15.00 ..
MCMillin J\1]lst Be received by September 3rd
eal Mail to: Orange Crate Derby
R ty P.O. Box 972
Chula Vista, CA. 91912
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COUNCIL AGENDA STATEMENT
Item /?7
Meeting Date: 08/31/99
REVIEWED BY:
Resolution Approving Request from the Bonita
Business and Professional Association to Conduct
the Bonitafest and Bonitafest Parade.
Chief of police~
Risk Manager~ /C\^
City Manag~~~~\
. () (4/SthS Vote: Yes No X
ITEM TITLE:
SUBMITTED BY:
The Bonita Business and Professional Association is requesting
permission to conduct the 27th Annual Boni tafest and Boni tafest
Parade on Saturday, September 25, 1999.
RECOMMENDATION:
That City council adopt the resolution approving a temporary
closure of portions of Bonita Road subject to staff conditions.
BOARDS /COMMISSIONS RECOMMENDATIONS:
Not applicable.
DISCUSSION:
The Bonita Business and Professional Association (BBPA) is
requesting permission to conduct the 27th Annual Bonitafest and
Bonitafest Parade on Saturday, September 25, 1999. They are also
requesting a temporary street closure of Bonita Road to stage the
parade. The street closure would involve Bonita Road between
Willow Street and Central Avenue. Both Willow and Central will
remain open at all times during the closure. Streets intersecting
Bonita Road between these points would also be affected during the
parade. The parade is scheduled to take place between 10:00 AM and
12:30 PM; the street closure would be in effect from approximately
8:00 AM and 1:00 PM to allow for staffing and dispersion of the
parade participants. A diagram of the area is attached (Attachment
A) .
The BBPA is also requesting use of the vacant City-owned lot that
is adj acent to and immediately west of the parking lot to the
Municipal Golf Course, for staging and dispersal of the equestrian
units participating in the parade.
The parade will consist of marching units, marching bands, floats,
and other motor driven units, as well as equestrian units. All
horses will be ridden by their owners, and streamers, balloons and
noise making devices will not be permitted along the parade route.
The route will be marshaled by sponsor volunteers and the police.
The street closures would have an impact on City bus service in the
/t?!,- /
area. Transit has agreed to cancel and re-route bus service in the
area during the parade. Transit has agreed to erect signs advising
of interrupted service.
staff approval is recommended subject to the following conditions:
1. Prior to the event, both the BBPA (the Bonitafest sponsor) and
Rotary District 5340 (sponsor of the parade) provide evidence,
acceptable to the City, of insurance for their respective
sponsorships in the form of a Certificate of Insurance and
Policy Endorsement in the amount of $2 million naming the City
of Chula Vista as additional insured, and their insurance as
primary.
2. Provide adequate traffic control equipment and no parking
signs as specified by the Police Department. This would
include provision of adequate signage, barricades, and traffic
control equipment as specified by the County of San Diego and
the Sheriff's Department.
3. Provide adequate Police coverage at the event as determined by
the Chula Vista Police Department through coordination with
the Chula Vista Police Department and the County of San
Diego.
4. Return all City-owned property to pre-use condition. The
applicant shall develop and implement a solid waste management
plan approved by the Conservation Program to prevent litter,
provide recycling, and disposal throughout the affected area
during the event including arrangements for professional
street sweeping immediately following the event.
5. Provide a letter acceptable to the City Attorney from the BBPA
in which the BBPA agrees:
(1) Not to sue the City, its agents and employees for any act
arising from Bonitafest; and
(2) To hold the city harmless, fully indemnify and release
the City, its agents and employees from any and all
liability arising from Bonitafest, excluding only that
liability which may arise from the sole negligence or
sole willful conduct of the City.
FISCAL IMPACT:
The amount of $2,410 has been allocated in the City's FY 1999-2000
Community Promotions budget to offset the cost of the Chula Vista
Transit shuttle bus services and police staffing. The BBPA would be
responsible for all additional costs incurred in conducting the
parade, including provisions for traffic safety equipment, street
sweeping services, and other related and required services and
supplies. No additional fiscal impact is anticipated.
Attachment: "A" - Parade Diagram
)()/c2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING REQUEST FROM BONITA
BUSINESS AND PROFESSIONAL ASSOCIATION TO
CONDUCT BONITAFEST AND BONITAFEST PARADE
WHEREAS, the Bonita Business and Professional Association
(BBPA) will be conducting the Bonitafest event on Saturday,
september 25, 1999; and,
WHEREAS, the Bonita Business and Professional Association
will provide evidence of insurance in the form of a certificate
of insurance and policy endorsement, acceptable to the City, in
the amount of $2 million dollars naming the City of Chula vista
as additional insured, and their insurance company as primary,
and,
WHEREAS, adequate traffic control equipment and no parking
signs as specified by the police department. This would include
provision of adequate signage, barricades, and traffic control
equipment as specified by the County of San Diego and the
Sheriff's department on the portion of Allen School Road outside
the city limits, and,
WHEREAS, adequate police coverage at the event as
determined by the Chula vista Police Department through
coordination with the Chula vista Police Department and the San
Diego County Sheriff's Department, and,
WHEREAS, all City-owned property will be returned to pre-
use condition; and,
WHEREAS, the sponsor shall develop and implement a solid
waste management plan approved by the Conservation Program to
prevent litter, provide recycling, and disposal throughout the
affected area during the event including arrangements for
professional street sweeping immediately following the event;
and,
WHEREAS, a letter of acceptance shall be provided to the
City Attorney from the BBPA in which BBPA agrees to not sue the
City, its agents and employees for any act arising from
Bonitafest; and to fully indemnify and, to hold the City
harmless and to release the City, its agent and employees from
any and all liability arising from Bonitafest, excluding only
that liability which may arise from the sole negligence or sole
willful conduct of the City.
NOW, THEREFORE,
city of Chula vista
BE IT RESOLVED that the city Council of the
does hereby approve the request from the
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BBPA to conduct the Bonitafest and Bonitafest parade on
Saturday, September 25, 1999, subject to conditions.
Presented by
wfL
Richard P. Emerson
Chief of Police
Approved as to form by
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CITY COUNCIL AGENDA STATEMENT
Item No.: / )
Meeting Date: 08/31/99
ITEM TITLE:
Resolution Naming the Civic Center Library's
Local History Room for John Rojas
Library and Recreation Dir~l1 ~
City Manag~ ~ ~~" Vote: YES _ NO X )
The Library recommends naming the Local History Room at the Civic Center Library in
honor of John Rojas, a well known Chula Vista resident who has spent many years
collecting and disseminating information about the history of Chula Vista.
SUBMITTED BY:
REVIEWED BY:
STAFF RECOMMENDATION: That the City Council adopt the Resolution approving the
naming of the Local History Room at Civic Center Library to be the "John Rojas Local
History Room."
BOARD/COMMISSION RECOMMENDATION: At their meeting of August 11,1999, the
Library Board of Trustees voted unanimously to support naming the Local History Room
at Civic Center Library as the "John Rojas Local History Room." (Attachment "A")
DISCUSSION: In 1994, the Library Board of Trustees approved two criteria be utilized
when a wing or room at a Chula Vista Public Library is proposed to be named after an
individual. They are:
1. A monetary gift to the Chula Vista Public Library of at least $20,000.
2. Significant contribution to the development and enhancement of the Chula
Vista Public Library and/or the City of Chula Vista.
In 1994, the City Council approved naming the Young Adult Room at South Chula Vista
after Arturo Barrios and the art gallery at South Chula Vista Library after former Library
Director Rosemary Lane. In both cases, the Library Board recommended to Council that
the rooms be so named based upon the above criteria.
The Library and the Board of Trustees now recommends that the Local History Room at
Civic Center Library be named after Mr. John Rojas, based upon criteria #2; "Significant
contribution to the development and enhancement of the Chula Vista Public Library
and/or the City of Chula Vista".
Mr. Rojas is "Mr. Chula Vista Local History." Since moving to Chula Vista in 1960, he
has dedicated his life to researching, collecting and preserving our community's history.
His most significant accomplishments include founding the Chula Vista Historical Society
[e:\home\libray\A 113\johnrojas.A 13 - 08-06-99]
//-/
Item NO.:J.L, Page 2
Meeting Date: 08/31/99
in 1981 and publishing the Chula Vista Historical Society Bulletin from 1981 to 1991. He
also published the series "Chula Vista - the Earlv Years. vols. I-VI. In addition, he is the
author of Chula Vista Public Art and Chula Vista's Trees. and co-author of Historic Chula
Vista: Historic Homes and Other Historic Sites. These very important works are
essential to an understanding of Chula Vista, both past and present.
Over the years, Mr. Rojas he has been actively involved in many local organizations
including:
. The Friends of the South Chula Vista Library (Treasurer),
. The Chula Vista Heritage Museum (Curator and Board Member),
. The Chula Vista Historical Society (founder and President),
. The San Diego Historical Society,
. The Professional Tree Care Association,
. The Historic and Unusual Tree Committee,
. The Balboa Park and Recreation Preservation Committee,
. Walkabout International, and Offshoot Tours (history and tree walks
throughout the Chula Vista area).
To name the Local History Room after Mr. Rojas would be a tribute to his numerous and
memorable contributions to the Chula Vista Public Library and residents of Chula Vista.
If Council approves this recommendation, a reception will be held to dedicate the room
and honor Mr. Rojas in September.
FISCAL IMPACT:
None.
Attachment: "An - Minutes of the August 11, 1999 meeting of the Library Board of
Trustees
[e:\home\libray\A 113\johnrojas.A 13 - 08-06-99]
IJ #c2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA NAMING THE CIVIC CENTER LIBRARY'S
LOCAL HISTORY ROOM FOR JOHN ROJAS
WHEREAS, the Library recommends naming the Local History
Room at the civic Center Library in honor of John Rojas, a well
known Chula vista resident who has spent many years collecting and
disseminating information about the history of Chula vista; and
WHEREAS, at its meeting of August 11, 1999, the Library
Board of Trustees voted unanimously to support the naming of the
Local History Room at the civic Center Library to be the "John
Rojas Local History Room".
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby name the civic Center Library's
Local History Room for John Rojas.
Presented by
Approved as to form by
David Palmer, Library and
Recreation Director
H:\home\attorney\reso\rojas
>>~
ATTACHMENT A
Library Board of Trustees
Draft Minutes
August 11, 1999
G. Naming the Civic Center Local History Room
The Library is recommending that the Civic Center Local History room be named
in honor of John Rojas. Mr. Rojas founded the Chula Vista Historical Society in
1981 and has dedicated his life to researching, collecting and preserving the
history of our community.
MSUC (Charett,/Deason) The Library Board supports naming the Civic Center
Local History room in honor of John Rojas.
Director Palmer reported that this issue will be forwarded to the City Council.
J)~iI
Council Agenda Statement
Item:
Meeting Date: 08/31/99
/,2,
ITEM TITLE: Resolution Accepting grant funds for Youth
Services Materials from the California State Library, in the amount
of $25,000, for the support and expansion of the Young Adult
collection; and amending the FY 99/00 budget by appropriating
unanticipated grant revenue in the amount of $25,000
SUBMITTED BY: Library and Recreation D~rf'f
REVIEWED BY: City Manag~ ~~l/~thS Vote: Yes X No-l
On July 20, 1999, the Chula Vista Library applied for and received State Library funds
for the support and expansion of the Young Adult collection at all three-branch libraries.
These funds were made available through the State Library's "Youth Services Materials
Grant Program. Civic Center and South Chula Vista Libraries have both been awarded
$10,000, and EastLake Library has been awarded $5,000. for the purchase of materials
specifically aimed at the interests and needs of Young Adult library users.
STAFF RECOMMENDATION: That Council approve the Resolution accepting the grant
funds for Youth Services Materials from the California State Library, in the amount of
$25,000, for the support and expansion of Young Adult collections; and amending the
FY 99/00 budget by appropriating unanticipated grant revenue in the amount of $25,000.
BOARD/COMMISSION RECOMMENDATION: At their meeting of August 11, 1999, the
Library Board of Trustees voted to support the Library's receipt of grant funds for the
purchase of materials for the Young Adult collection.
DISCUSSION: The California State Library has recently undertaken a major new
initiative to support young adult services in public libraries. As part of that initiative,
grants were recently announced for the purchase of books and other materials. The
grant application period was extremely short, with the applications due on July 20th and
the awards being announced on July 29th.
The Library applied for and received three grants totaling $25,000. The Chula Vista
Civic Center and South Chula Vista libraries have been awarded $10,000 each, and
EastLake will receive $5,000.
FISCAL IMPACT: The Chula Vista Library will receive $25,000 in grant funds which will
be appropriated to a grant fund from which expenditures for book materials for young
adults will be made. The $25,000 is only to be used to purchase books and audio-visual
materials for young adults and must supplement, not supplant, existing funds. No
General Funds will be expended.
Attachments:
Award Letter from California State Library dated August 5, 1999
Library Board minutes of August 11, 1999
[e:\home\library\A 113\youth Grants.A 13]
~;< -- /
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT FUNDS FOR YOUTH
SERVICES MATERIALS FROM THE CALIFORNIA STATE
LIBRARY, IN THE AMOUNT OF $25,000, FOR THE
SUPPORT AND EXPANSION OF THE YOUNG ADULT
COLLECTION; AND AMENDING THE FY 99/00 BUDGET
BY APPROPRIATING UNANTICIPATED GRANT REVENUE
IN THE AMOUNT OF $25,000
WHEREAS, on July 20, 1999, the Chula vista Library
applied for and received State Library funds for the support and
expansion of the Young Adult collection at all three-branch
libraries; and
WHEREAS, these funds were made available through the
State Library's "Youth Services Materials Grant Program"; and
WHEREAS, Civic Center and South Chula vista Libraries
have both been awarded $10,000 and EastLake Library has been
awarded $5,000 for the purchase of materials specifically aimed at
the interests and needs of Young Adult library users; and
WHEREAS, at its meeting of August 11, 1999, the Library
Board of Trustees voted to support the Library's receipt of grant
funds for the purchase of materials for the Young Adult Collection.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept grant funds for Youth
Services Materials from the California State Library, in the amount
of $25,000, for the support and expansion of the Young Adult
collection.
BE IT FURTHER RESOLVED that the 99/00 budget is hereby
amended by appropriating unanticipated grant revenue in the amount
of $25,000.
Presented by
Approved as to form by
David Palmer, Library and
Recreation Director
H:\home\attorney\reso\youthser.grt
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August 5, 1999
CALIFORNIA STATE LIBRARY
LIBRARY-COURTS BUILDING. P.O. BOX 942837 . SACRAMENTO, CA 94237-0001
David Palmer
Chula Vista Public Library
365 F Street
Chula Vista, CA 91910-2697
Subject: LSTA B-217 thru B-219, FY 1998/99, WP97, Grant Award #40-4759
Title: Youth Services Materials Grant Program
Dear Mr. Palmer:
I am pleased to approve your grant application for the above named project for a total of $25,000
in federal Library Services and Technology Act (LSTA) funds, effective immediately for the
period ending September 30, 1999. The State Library primary consultant assigned to this project
will be Bessie Condos Tichauer, telephone (916) 653-8293. Please work with this consultant in
implementing your project. My staff is ready to assist you in making your project a success.
The program award funds are allowed for the following uses and amounts:
Main - B-217
East Lake - B-218
South Chula Vista - B-219
Young Adult
Young Adult
Young Adult
$10,000
$5,000
$10,000
Sites not listed for which you applied will be the subject of a separate letter.
The response to this grant program was overwhelming and gratifying. We received 340
applications with requests totaling $2,800,000. In addition to the $1 million allotted from
1998/99 funds for this program, an additional allocation of 1999/2000 LST A funds was made to
accommodate approved projects. We will be announcing another series of grants during
1999/2000.
On September 30, 1999, this project will be officially closed and no new expenditures may be
generated nor funded project activities occur. All unexpended and unencumbered funds must be
returned by November 13, 1999. This project is allowed 60 days to liquidate encumberances
which were incurred prior to September 30. After the 60-day period, all encumbered funds
which have not been liquidated must be returned to the State Library.
)~,- Y3
David Palmer
-2-
August 5, 1999
Simplified reporting on financial and program activities is required, on the forms enclosed,
within 30 days of the final quarter. Only a final narrative report and final fiscal report are
required and are due within 30 days after the close ofthe project, by October 30, 1999. The final
liquidation report, if required, is due and must be submitted by December 15. Thus, all reporting
regarding this proj ect must have been received at the State Library by December 15, 1999.
Failure to provide timely reports is a serious breach of a grant recipient's administrative duty
under the grant program, which may result in federal audit exceptions against the state and the
loss of LST A funds. The State Librarian may extend the final report deadline for good cause.
Requests for extensions beyond the final deadline must be received in writing at least 30 days
prior to the deadline at the State Librarian's office.
The enclosed claim form must be signed and returned promptly to the State Library Budget
Office. All required reporting materials are attached to this letter. This letter and the enclosed
list of LSTA procedural requirements amend the Consolidated Application/Grant Award
Certification document and must remain a part of all your existing copies.
Best wishes for a successful project year.
Sincerely,
b Stu-
State Librarian of California
Enclosures
cc: Jay Cunningham
Colette Moody
Bessie Condos Tichauer
J c2 //~~
DRAFT
Library Board of Trustees
-2-
August 11, 1999
B. Annual Report to Council
The Board reviewed and approved the submission of the Annual Report to
Council.
C. Election of Officers
MSUC (Hartman/Charett) to elect Maryellene Deason as Chair and Constance
Clover as Vice Chair.
D. Youth Services Materials Grant
Director Palmer reported that this was a new grant with a very short turn-around
time between application and award.
MSUC (Hartman/Deason} to endorse the Library's application to the California
State Library for three grants for young adult materials.
E. Reduction of Video Fines
CloverlDeason strongly supported this action.
MSUC (DeasonIHartman) that the Library Board supports this change in Video
Fines.
\ f
)2 ~ A J
COUNCIL AGENDA STATEMENT
ITEM
/_3
MEETING DATE AU2Ust31,.1999
ITEM TITLE:
Resolution 1) Accepting $139,037 of High Intensity Drug Trafficking
Area (HIDTA) Grant funds for administrative costs associated with the
California Border Alliance Group (CBAG); 2) appropriating funds from
the unanticipated grant revenues; and 3) amending the Fiscal Year 99-00
budget to include 2 position reclassifications and 2 additional FTE
positions.
SUBMITTED BY: Director of Human Resources ~
REVIEWED BV: City Manage~ W~ (4/Stb Vote: Ves x... No..J
On September 5, 1995, the City Council approv~d ~he City ofChula Vista to act as the "fiscal
agent" for the California Border Alliance Group (CBAG) and to act as conduit to hire support
personnel and acquire necessary supplies and services. The mission of CBAG is to develop multi-
jurisdictional, cooperative strategies to:
./ Gather intelligence on drug traffickers
./ Investigate drug trafficking activities
./ Arrest persons involved in illegal drug trafficking activities
./ Prosecute those arrested
CBAG receives an annual allocation ofHIDTA funds each fiscal year from which the City is
reimbursed. The City also receives 2% of those costs for administration of the Grant.
RECOMMENDATION: Adopt the Resolution accepting the $139,037 in HIDTA Grant funds;
appropriate the funds from unanticipated grant revenues; and amend the FY99-00 budget to include
two position upgrades and two new positions.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: The following has been requested by the Chair of the CBAG. The
recommendations are all based on a significant increase in volume of work and complexity of
duties performed by the staff of the CBAG. In the cases of the reclassification requests, duties
currently performed by incumbents have increased to levels well above their current
classifications.
);J'~/
1
RECOMMENDATION 1: ReclassifY the CBAG Assessment Coordinator (E-step salary
$57,325) to CBAG Program Analyst (E-step salary $66,297), effective the first pay period in
September, 1999.
Specific duties and areas of responsibility assigned to this position include:
./' Providing professional and technical advice on organization and operations activities to heads
of agencies associated with the CBAG
./' Coordinating policies, programs, intelligence and operational requirements in support of the
Southern District of California High Intensity Drug Trafficking Area (HlDTA) and associated
campaign plans.
./' Identifying and coordinating regional counterdrug initiatives.
./' Developing an Intelligence Architecture for multi-agency information sharing and
interoperability.
./' Coordinating federal, state and local intelligence for the formulation of plans and strategies in
support of the regional counter-narcotics effort.
./' Coordinating strategic and operational-level intelligence analysis and assessments including
trend and pattern analysis for the development of guidance and policies.
./' IdentifYing intelligence gaps and recommending corrective action as necessary.
./' Coordinating and drafting the Annual Strategy, Initiative proposals and Mid-year and Annual
reports.
./' Coordinating and providing staff support to programmatic evaluations of initiatives and task
forces.
RECOMMENDATION 2: Reclassify the CBAG Secretary (E-step salary $36,293) to CBAG
Management Assistant (Confidential Unit, E-step salary $44,159), effective the first pay period in
September, 1999.
Current duties include:
./' Implementing new procedures and methods.
./' Providing assistance to department staff on administrative problems.
./' Preparing minutes, agendas and correspondence.
./' Maintaining confidential files.
./' Maintaining a variety of databases.
./' Preparing a variety of spreadsheets.
./' Providing administrative assistance to heads of state and local agencies.
./' Preparing a wide variety of confidential documents.
./' Coordinating building maintenance.
/ J-ol
2
RECOMMENDATION 3: Add one (1) FTE CBAG Intelligence Analyst (Mid-Management, E-
step salary $52,751) to be assigned to the U.S. Attorney's Office to replace the WSIN Analyst
position that has been reassigned. This is the same classification as the position currently assigned
to the North County Gang Unit.
RECOMMENDATION 4: Add one (1) FTE position ofCBAG Audit Coordinator (Mid-
Management, E-step salary $60,567) assigned to the CBAG office to assist the Deputy Director
in the preparation and review of budgets, reprogramming and required audits of the program
funding.
FISCAL IMP ACT: The $136,311 grant reimbursement will fund the aforementioned costs as well
as $2,726 which represents the 2% for the City's indirect administrative costs related to these actions.
3
II ~~]
,.-
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $139,037 OF HIGH
INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
FUNDS FOR ADMINISTRATIVE COSTS ASSOCIATED WITH
THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG);
APPROPRIATING FUNDS FROM THE UNANTICIPATED
GRANT REVENUES AND AMENDING THE FY 99-00
BUDGET TO INCLUDE 2 POSITION RECLASSIFICATIONS
AND 2 ADDITIONAL POSITIONS
WHEREAS, on September 5, 1995, the City Council approved
the City of Chula vista to act as the "fiscal agent" for the
California Border Alliance Group (CBAG) and to act as conduit to
hire support personnel and acquire necessary supplies and services;
and
WHEREAS, based on a significant increase in volume of
work and complexity of duties performed by the staff of CBAG, it is
recommended that effective the first pay period in September:
1. The CBAG Assessment Coordinator (E-step salary
$57,325) be reclassified to CBAG Program Analyst
(E-step salary $66,297) .
2. The CBAG Secretary (E-step salary $36,293) be
reclassified to CBAG Management Assistant
(Confidential Unit, E-step salary $44,159).
3. One FTE CBAG Intelligence Analyst (Mid-Management,
E-step salary $52,751) be added to be assigned to
the U. S. Attorney's office to replace the WSIN
Analyst position that has been reassigned.
4. One FTE position of CBAG Audit Coordinator (Mid-
Management, E-step salary $60,567) be added
assigned to the CBAG office to assist the Deputy
Director in the preparation and review of budgets,
reprogramming and required audits of the program
fund.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept $139,037 in High Intensity
Drug Trafficking Areas (HIDTA) Grant Funds for administrative costs
associated with the California Border Alliance Group (CBAG).
BE IT FURTHER RESOLVED that the amount of $139,037 is
hereby appropriated from unanticipated grant revenues.
1
/3- 'I
BE IT FURTHER RESOLVED the FY 1999-00 budget is hereby
amended to include 2 position reclassifications and 2 additional
full time equivalent positions.
Presented by
Approved as to form by
Richard P. Emerson, Chief of
police
H:\HOME\LORRAINE\rs\hidta.grt
2
JY--S-
COUNCIL AGENDA STATEMENT
ITEM
11
MEETING DATE August 31. 1999
ITEM TITLE:
RESOLUTION Approving Various Personnel Actions Including
Reclassifications, Salary Adjustments, and the Addition of Positions and
appropriating $39,471 from the Sewer Fund to reimburse the General Fund.
SUBMITfED BY: Director of Human R~C{1
REVIEWED BY: CityManager~~~ (4/5th Vote: YesLNo-l
The following requests for salary adjustments, reclassifications, and the addition of new positions all
result from the growth the City is experiencing.
RECOMMENDATION: Adopt Resolution approving various personnel actions detailed in
Exhibit A.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: Approval of the following recommendations will address both classification and salary
issues raised by departments. They are presented at this time (rather than as a result of the ongoing
classification study) because ofa variety offactors including: increased complexity of tasks and issues;
and recruitment and retention difficulties. The decision to proceed at this time was discussed with John
Shannon, the consultant hired to conduct the study. He understands the need to move forward while
recognizing that additional changes to these classes may occur in the future.
DEPARTMENT: Public Works
DMSION: Operations
RECOMMENDATION: Add 1.0 Full-time, permanent Public Works Technician II position (E-step
salary $35,698).
The Public Works Operations DivisionlWastewater Section has need of a Technician to perform a
number of high priority tasks that have to date been performed manually or not at all. Until recently,
automation was not available to this Division for the storage of data and maintenance of records. All
retrieval of data and subsequent analysis was performed manually by supervisors on an as needed basis.
This required significant amounts of time and therefore was only accessed when absolutely necessary.
Unfortunately, this hindered the use of available data in many cases where it could have proved useful.
There is a backlog of records that must be entered into a database and then maintenance of that database
must be an ongoing high priority for the Division. The proposed position would have responsibility for
entering the data and updating files as required. Additional benefits of the system will be the ability to
develop useful databases for safety training, equipment training and performance evaluations, just to
name a few.
JLj-f
Item
Meeting Date August 31, 1999
Information gathered by the Camera Survey Crew (CSC) will be integrated into the GIS by the Public
Works Technician II for future use by all departments via the network and field personnel via modem.
Access to this information is vital to the Wastewater Section to maintain records and to obtain an
accurate picture ofthe sewer and storm drain systems within the City. Another aspect of this process
is the incorporation of video surveys into the GIS. This position will also be responsible for reviewing
videotapes from the CSC for the purpose of identifYing problem areas. This will facilitate early repair
before damage to sewer lines, streets and houses occurs. This position will have responsibility for
coordinating sewer lateral repairs determined from video and established priorities.
Addition of this position will enable Public Works Operations to maintain records of areas already
serviced by cleaning equipment; thereby providing a tool for scheduling routine maintenance and insure
a complete, up-to-date record of completion dates that is easily accessible.
Other duties associated with this position include:
./ Maintaining sewage spill reports and providing quarterly summaries.
./ Preparing work packets for mark-out and construction crews including underground service alert
requests.
./ Coordinating sewer lateral information with the Engineering Division.
./ Preparing letters in response to citizen complaints.
./ Entering data into the Work Management program.
./ Researching and preparing budget requests.
./ Processing Direct Payment and Requisitions for equipment and supplies.
./ Reviewing improvement and grading plans for ability to maintain sewer and storm drain facilities.
./ Preparing written comments and conditions of approval for Tentative Maps, Design Review and
Conditional Use projects.
./ Assisting the TV crew with report production.
./ Updating and maintaining the sewer standby book and providing information to Police Dispatch for
use in emergency situations.
RECOMMENDATION: Reclassify the vacant Construction Specialist I position (E-step salary
$34,636) assigned to Heating, Ventilation and Air Conditioning (HV AC) to Construction Specialist II
(HV AC) (E-step salary $42,992).
A Construction Specialist I was hired in October, 1998 to assist in the maintenance ofHV AC systems
throughout the City, because it had become clear that a single journey level HV AC Specialist could not
handle the volume of work. During the last 12 months c&R management staff has reached the
conclusion that a I-level employee requires supervision beyond what is reasonable given the workload.
It will be much more cost efficient to hire a II-level employee who can function independently and who
can be cross-trained with the other II. There is a sufficient workload at the journey level (II) to justify
at least one additional employee.
-:~
Jtj-c2
Item
Meeting Date Auaust 31. 1999
DEPARTMENT: Human Resources
DIVISION: Risk Management
RECOMMENDATION: Reclassify the vacant Sr. Risk Management Specialist position (E-step salary
$54,381) to Benefits Manager (E-step salary $66,058), and add to the Unclassified Service in the Middle
Management Group.
As a result of Council action, the aforementioned position was added to the Human Resources budget
last fiscal year. Since that time recruitment efforts have yielded very few, minimally qualified candidates.
Further analysis indicates that the position was budgeted at a level insufficient to recruit a qualified
Benefits Manager. Given the level of duties and responsibility as a key manager in the Risk Management
Division with primary responsibility for coordinating benefits for all City employees, it is essential that,
at a minimum, we hire a competent, experienced individual. Weare confident that with the
recommended changes, that will be accomplished in a short period of time.
FISCAL IMPACT: The full cost of these changes for the remainder of the Fiscal Year is $59,030. Of
this cost, $19,559 will be absorbed by available salary savings within the specific departments and,
$39,471 will be appropriated from the Sewer Fund to reimburse the General Fund for City staff charges.
The ongoing annual cost for these changes (including benefits) will be approximately $66,729.
Exhibit A
DEPARTMENT Current Position! PROPOSED POSITION/BENEFIT COST OF FUNDING
Benefit Group GROUP CHANGES FOR SOURCE
REMAINDER
oFn
(INCLUDES
BENEFITS)
Public New Position Public Works Technician IT Sewer Fund
WorksIOperations CVEA
Division $39,471
Human Senior Risk Management Benefits Manager
ResourceslRisk Specialist Unclassified Salary Savings
Management Division Mid management Mid-Management
$11,401
Public Construction Specialist I Construction Specialist IT (HV AC) Salary Savings
Works/Operations CVEA CVEA
Division $8,158
TOTAL $59,030
- 3 -
/i-:J
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING VARIOUS PERSONNEL
ACTIONS INCLUDING RECLASSIFICATIONS, SALARY
ADJUSTMENTS, AND THE ADDITION OF POSITIONS AND
APPROPRIATING $39,471 FROM THE SEWER FUND TO
REIMBURSE THE GENERAL FUND
WHEREAS, the following recommendations will address both
classification and salary issues raised by departments; and
WHEREAS, because of a variety of factors including
increased complexity of tasks and issues; increased responsibility
for incumbents; the need to cross train to meet customer service
needs; recruitments and retention difficulties; and the need to do
things more efficiently than in the past, these recommendations are
presented at this time rather than as a result of the ongoing
classification study; and
WHEREAS, the decision to proceed at this time was
discussed with John Shannon, the consultant hired to conduct the
classification study and he understands the need to move forward
while recognizing that additional changes to these classes may
occur in the future.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the following
reclassifications, salary adjustments and the addition of positions
effective the first pay period in September, 1999:
DEPARTMENT: Public Works
DIVISION: Operations
RECOMMENDATION: Add 1.0 Full-time, permanent Public Works
Technician II position (E-step salary $35,698).
RECOMMENDATION: Reclassify the vacant Construction Specialist I
position (E-step salary $34,636) assigned to Heating, Ventilation
and Air Conditioning (HVAC) to Construction Specialist II (HVAC)
(E-step salary $42,992).
DEPARTMENT: Human Resources
DIVISION: Risk Management
RECOMMENDATION: Change the title of the vacant Sr. Risk Manage-
ment Specialist position (E-step salary $54,381) to Benefits
Manager (E-step salary $66,297), and add to the Unclassified
Service in the Middle Management Group.
BE IT FURTHER RESOLVED that the amount of $39,471 is
hereby appropriated from the Sewer Fund to reimburse the General
Fund.
Presented by
Approved as to form by
Candy Emerson, Director of
Human Resources
ohn M. Kahe
) 1/ --7
COUNCIL AGENDA STATEMENT
I~
Item
Meeting Date 8/31/99
ITEM TITLE:
Resolution Accepting bids and awarding contract to
Sierra Electric for the Street Light Installation Project along Third Avenue
between "F" Street and "G" Street ' -226).
SUBMITIED BY: Director of Public wor~
REVIEWED BY: City Manag~ ~ (4/Sths Vote: Yes_NoXJ
On August 10, 1999, the Director of Public Works received sealed bids from three (3) electrical
contractors for the Street Light Installation project along Third A venue between "F" Street and
"G" Street. A low bid of $22,595.00 was received from Sierra Electric.
RECOMMENDATION: That Council approve the resolution accepting bids and awarding
contract to Sierra Electric for the Street Light Installation project along Third A venue between
"F" Street and "G" Street.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On August 10, 1999, the Director of Public Works received sealed bids from three (3) electrical
contractors for CIP No. RD-226 titled "Installation of Street Lights Project along Third Avenue
between "F" and "G" Street."
This project is approved and funded in the City's 1998-99 Capital Improvement Program. The
project includes the installation of two "double-cobra" street light standards in the median
islands located in the center of Third A venue south of "P" Street, and one single-cobra street
light standard just north of "G" Street on the east side of Third A venue, plus electrical
receptacles and additional conduit for future expansion of electrical service.
This portion of Third A venue is located within the Town Centre 1 Redevelopment Project Area
and is a specialty commercial, pedestrian oriented area. It also has a public park fronting on the
right-of-way. Night lighting is an important element of the redevelopment effort for public
safety, crime prevention, and night lighting also encourage commercial businesses to extend their
evening hours which will increase the economic viability of the downtown commercial area.
15-/
Page 2, Item
Meeting Date 8/31/99
The bids received were as follows:
Contractor Amount
1. Sierra Electric-El Cajon, CA $22,595.00
2. Trasig Corp.-Chula Vista, CA $27,010.00
3. T & M Electric d.b.a. Perry Electric $34,680.00
The low bid of$22,595.00 for the project was received from Sierra Electric. The low bid is below
the Engineer's estimate of $28,405.00 by approximately 20%. The Engineer's estimate was based
on average bid prices from previously awarded City traffic signal and street lighting projects.
The custom decorative street light standards for this contract were pre-ordered to match, in material
and color, the existing street light standards on Third Avenue. Ninety (90) days were required to
order these street light standards; however, the project time schedule would be sixty (60) days for
completion. The contract specifications would not allow enough time for the contractor to order
those standards. Therefore, staff used $9,428.13 to pre-order the custom decorative street light
standards.
The total project cost is $45,500.00, which includes the $22,595.00 for construction, $9,428.13 for
pre-ordered street light standards, $1,476.87 for 6.5% contingencies and $12,000.00 in staff costs
for design, inspection and contract administration. The approved CIP budget for this project is
$45,500.00. There are sufficient funds for this project.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project and
determined that the project is exempt for CEQA both under CEQA Guidelines, Section 15061 (b)
(3) and Section 15303, Class 3 (new construction or conversion of small structures).
Disclosure Statement
A copy of the Contractor's disclosure statement is attached as Exhibit B.
Prevailing Wage Statement
The source of funding for this project is the Community Development Block Grant (CDBG).
Contractors bidding this proj ect were not required to bid based on paying prevailing wages to
persons employed by them for the work under this contract. No special minority or women owned
business requirements were necessary as part of the bid documents. Disadvantaged businesses were
encouraged to bid through the sending of the Notice to Contractors to various minority trade
publications.
/5/02..
Page 3, Item
Meeting Date 8/31/99
Form of Agreement
The contract will be let on the City's standard Public Works Contract form. The City Attorney will
approve the final form.
FISCAL IMPACT:
I FUNDS REQUIRED FOR CONSTRUCTION I
A. Contract Amount $22,595.00
B. City-Purchased Equipment $9,428.13
B. Contingencies (Approximately 7%) $1,476.87
C. Design, Inspection & Administration $12,000.00
I TOTAL $45,500.00 I
FUNDS AVAILABLE FOR CONSTRUCTION
Community Development Block Grant-RD226
$45,500.00
There are a minimal additional annual maintenance and energy costs associated with this project
over what is currently being paid. The source of capital funding for this project is the Community
Development Block Grant, and sufficient funds are available for construction.
Attachment:
Exhibit "A" - Capital Improvement Program Detail
Exhibit "B" - Contractors Disclosure Statement
H:\HOMEIENGINEERIAGENDA \RD226. WPD
/-~/3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT TO SIERRA ELECTRIC FOR THE STREET
LIGHT INSTALLATION PROJECT ALONG THIRD AVENUE
BETWEEN "F" STREET AND "G" STREET (RD-226)
WHEREAS, on August 10, 1999, the Director of Public Works
received the following three sealed bids from electrical
contractors for the Street Light Installation project along Third
Avenue between "F" Street and "G" Street":
Contractor Amount
1. Sierra Electric-El Cajon, CA $22,595.00
2. Trasig Corp. -Chula vista, CA $27,010.00
3. T&M Electric dba Perry Electric $34,680.00
WHEREAS, the low bid of $22,595.00 for the project was
received from Sierra Electric and is below the Engineer's estimate
of $28,405.00 by approximately 20%; and
WHEREAS, the custom decorative street light standards for
this contract were pre-ordered to match the existing street light
standards on Third Avenue and due to time constraints for ordering
the standards, staff used $9,428.13 to pre-order the custom
decorative street light standards; and
WHEREAS, the total project cost is $45,500.00, which
includes the $22,595.00 for construction, $9,428.13 for pre-ordered
street light standards, $1,476.87 for 6.5% contingencies and
$12,000.00 in staff costs for design, inspection and contract
administration; and
WHEREAS, the City's Environmental Review Coordinator has
reviewed the work involved in this project and determined that the
proj ect is exempt for CEQA both under CEQA Guidelines, section
15061 (b) (3) and Section 15303, Class 3 (new construction or
conversion of small structures); and
WHEREAS, the source of funding for this project is the
Community Development Block Grant (CDBG) and contractors bidding
this project were not required to bid based on paying prevailing
wages to persons employed by them for the work under this contract;
and
1
)5/if
WHEREAS, no special minority or women owned business
requirements were necessary as part of the bid documents, however,
disadvantaged businesses were encouraged to bid through the sending
of the Notice to Contractors to various minority trade
publications.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept the three bids and award the
contract to Sierra Electric for the Street Light Installation
project along Third Avenue between "F" and "G Street in the amount
of $22,595.00.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
H,\home\attorney\reso\sierra.bid
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THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You are required to file a Statement of Disclosure of certain ownership or fmancial interests, payments, or campaign contributions, on all
matters which will require discretionary action on the part of the City Council, Planning Commission, and all other official bodies. The
following information must be dis, losed:
I. List the names of all persons having a fmancial interest in the property which is the subject of the application or the Contract, e.g.,
owner, applicant, Contractor, subcontractor, material supplier.
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2. If any person. identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than
10% of the shares in the corporation or owning any partnership interest in the partnership.
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3. If any person. identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director
of the non-profit organization or as trustee or beneficiary or trustor of the trust.
~A-
4.
Have you had more than $250 worth of business transact~with any member of the City staff, Boards, Commissions, Committees,
and Council within the past twelve month? Yes _ No c.- If yes, please indicate person(s):
5.
Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have
assigned to represent you before the City in this matter.
4A-
6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or
preceding election period? Yes -... No j.. If yes, state which Council members(s):
Date: 0.).-"-8 - J D, /5 c;j
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· Person is defined as: '~ny individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation,
estate, trust, receiver, syndicate, this and any other county, city or country, city municipality, district, or other political subdivision, or
any other group or combination acting as a unit.
EXHIBIT B
/~/?
48
COUNCIL AGENDA STATEMENT
Item ) ~
Meeting Date 8/31/99
ITEM TITLE: Consolidated Public Hearings Regarding (1) the Declaration by the City Council
of its Intention to Form and Establish Community Facilities District No. 99-1
(Otay Ranch SPA One - Portions of Village One, Village Five and Village One
West) and (2) the declaration of Necessity to Incur a Bonded Indebtedness,
Pursuant to the Provisions of the "Mello-Roos Community Facilities Act of
1982", for the Purpose of Acquisition of Certain Public Facilities through the
Issuance of Bonds Secured by Special Taxes.
A) Resolution of the City Council of the City of Chula Vista,
California, Forming and Establishing Community Facilities District No.
99-1 (Otay Ranch SPA One - Portions of Village One, Village Five and
Village One West) and Authorizing Submittal of Levy of Special Taxes to
the Qualified Electors.
B) Resolution of the City Council of the City of Chula Vista,
California, Declaring Necessity to Incur a Bonded Indebtedness,
Submitting to the Qualified Electors of a Community Facilities District a
Proposition to Incur a Bonded Indebtedness Secured by a Special Tax Levy
to Pay for Certain Capital Facilities in Community Facilities District No.
99-1 (Otay Ranch SPA One - Portions of Village One, Village Five and
Village One West).
C) Resolution of the City Council of the City of Chula Vista,
California, Acting in Its Capacity as the Legislative Body of Community
Facilities District No. 99-1 (Otay Ranch SPA One - Portions of Village
One, Village Five and Village One West) Declaring the Results of a
Special Election in Such Community Facilities District
D) Ordinance of the City Council of the City of Chula Vista,
California, Acting as the Legislative Body of Community Facilities District
No. 99-1 (Otay Ranch SPA One - Portions of Village One, Village Five
and Village One West) Authorizing the Levy of a Special Tax in Such
Community Facilities District.
SUBMITTED BY: Director of Public Works
REVIEWED BY: City Manag~ bt% (4/5ths Vote: Yes_No X)
On July 13, 1999, Council approved t~e ::Qtion~ intention to form Community Facilities
District No. 99-1 (CFD 99-1) and set the public hearing for August 17, 1999. The hearing was
It -' /
Page 2, Item
Meeting Date 8/31/99
continued from August 17, 1999 to August 24, 1999. CFD 99-1 will fund the construction of
public facilities including a significant portion of the Olympic Parkway improvements serving the
Otay Ranch SPA One, Portions of Village One, Village Five and Village One West. Tonight's
action will continue the formal proceedings leading the establishment of Community Facilities
District No. 99-1.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council:
. Open the Hearing, take public testimony, close the public hearing;
. Approve the Resolution (A) forming and establishing Community Facilities District No.
99-1;
. Approve the Resolution (B) declaring necessity to incur a bonded indebtedness and
submitting to the qualified electors of a Community Facilities District a proposition to
incur a bonded indebtedness secured by a special tax levy to pay for certain capital
facilities in Community Facilities District No. 99-1;
. Hold special election, canvas of ballots by City Clerk, report by City Clerk to City
Council of results of special election;
. Approve the Resolution (C) declaring the results of a special election in such Community
Facilities District; and
. Introduce for First Reading of the Ordinance (D) authorizing the levy of a special tax in
such Community Facilities District.
DISCUSSION:
Background
The consolidated public hearings are for the purpose of forming Community Facilities District 99-1
(Otay Ranch SPA One - Portions of Village One, Village Five and Village One West) and to
consider the authorization to levy special taxes and to incur a bonded indebtedness secured by such
special taxes. The Resolution oflntention to form the district was approved by City Council on July
13, 1999. Community Facilities Districts (CFD) provide the necessary funding for the acquisition
of public improvements by levying an annual "special tax", which is collected from the property
owners in conjunction with the property taxes. There is no direct cost to the City. All expenses
related to the district administration (including levying and collecting the special taxes) are funded
by the district. The ultimate security behind the bonds are the properties located within the district,
not the City's General Fund or its ability to tax property within its jurisdiction. The district will be
formed in conformance with the "City of Chula Vista Statement of Goals and Policies Regarding
the Establishment of Community Facilities Districts" (CFD Policy) as adopted on January 13, 1998
and amended on July 28, 1998.
It should be noted that the City has already formed Assessment District No. 97-2 ("AD 97-2")
over those properties in Village One proposed to be included in this Community Facilities
District. AD 97-2 is financing the acquisition of backbone infrastructure serving SPA One (Le.,
Pas eo Ranchero Phase 1, a portion of East Palomar Street within Village One, Monarche Drive).
/t ~2
Page 3, Item
Meeting Date 8/31/99
The assessments levied by AD 97-2 are below the "2 % maximum tax" criteria established by
Council Policy. CFD 99-1 proposed to use the remaining debt capacity to finance additional
public infrastructure. Several houses have been already sold in Neighborhoods Rl, R2, R3, R4
and R5 of Village One. Those areas have been excluded from CFD 99-1.
District Boundaries
The proposed boundaries of CFD 99-1, which include parcels within Otay Ranch SPA One -
Portions of Village One, Village Five and Village One West have been amended. A copy of the
boundary map that includes these changes is on file at the City Clerk's office and is available for
public review. The majority of the changes simply clarifies those areas already illustrated as
outside the boundary of CFD 99-1, or as "Not a Part". The more significant change relates to
deleting a total of 50 residential lots, and the associated landscape and roadway parcels from the
proposed district boundaries. This translates into the following amendments to the proposed
boundary map, and some associated minor changes to the expected development and Special Tax
revenue, in the "Rate and Method of Apportionment". There is no change to the Maximum
Annual Special Tax. The original boundary map has been clarified, and amended by the
following:
Sheet 1 of 2 (boundary)
. Remove 25 residential lots and associated landscape and street parcels (APN 642-471-
05 through -29, and -34 through -40) and replace with "Not a Part".
. Remove 25 residential lots and associated landscape and street parcels (APN 642-460-
01 through -26, -48 through -58, -66 through -85, -88, -90, and -92 through -94) and
replace with "Not a Part".
Sheet 2 of 2 (parcel list)
. Delete APN's listed above, which are being removed from the district.
. Delete APN 643-020-10, which ceases to exist.
. Delete APN 643-020-32, which ceases to exist.
. Delete APN 642-072-19 and 642-072-20, which are repeated on the same sheet.
. Delete APN 642-430-42 and 642-430-44, which are small landscape parcels that are
graphically contained within and area identified as "Not a Part" on Sheet 1 of 2
(boundary)
. Add the City of San Diego parcel (APN 641-070-04), which was graphically included
in the original boundary map itself (Sheet 1 of 2), but clerically omitted in the parcel
listing (Sheet 2 of2)
Deleting a total of 50 lots from the District represent a loss of approximately 2% in the amount
of future Special Tax revenue which may be generated by CFD 99-1. This is not considered a
significant amount, and does not affect the Maximum Special Tax which may be levied on those
properties remaining in CFD 99-1, but it does necessitate a conforming adjustment to the Rate
and Method of Apportionment. A copy of the amended Rate and Method is attached to the
Resolution forming and establishing CFD 99-1. The amended boundaries of CFD 99-1 and the
amended Rate and Method of Apportionment will be approved by the adoption of this resolution.
J ;; -;1
Page 4, Item
Meeting Date 8/31/99
At buildout, the district would contain approximately 2,900 Single Family Residences, 1,350
Multifamily Residences, 8.1 Acres of Commercial, and 10.7 Acres for Community Purpose
Facilities (churches, day care, etc.).
The Improvements
On July 13, 1999, Council approved the "Rate and Method of Apportionment" of the special taxes
for CFD 99-1. Even with the exclusion of the 50 residential lots described above, preliminary
estimates prepared by the special tax consultant show that the maximum tax revenue (using the
proposed taxes) from all the properties within the district would support a total bond indebtedness
of approximately $41.6 million (assuming a 6% interest and a 30-year term on the bonds). A
bond sale amount of $41.6 million will finance approximately $33.3 million in facilities (i.e.,
grading, landscaping, streets, utilities, drainage, sewer, pedestrian bridges, etc.). The balance
will provide for a reserve fund, capitalized interest and pay district formation and bond issuance
costs.
The developer is proposing the financing of backbone streets and associated improvements (i.e.,
grading, sewer, streets, landscaping, utilities), public facilities DIF improvements, and pedestrian
bridges. Following is a general description of the proposed facilities:
. Olympic Parkway Phases 1 and 2
. Pas eo Ranchero Phase 2
. East Palomar within Village One West
. East Palomar within Village Five
. Those Facilities to be fmanced from the Proceeds of Public Facilities Development Impact
Fees payable as a condition of development of property within CFD 99-1
. Those Facilities to be financed from the Proceeds of Pedestrian Bridge Development
Impact Fees payable as a condition of development of property within CFD 99-1
. Slope Landscaping
. Environmental Mitigation Costs for Olympic Parkway
As mentioned before, it is estimated that only $33.3 million in facilities may be available for
funding by the district. A final priority list and cost estimate of the improvements eligible for
CFD 99-1 financing will be brought later to City Council in conjunction with the consideration
of the Acquisition/Financing Agreement, tentatively scheduled for September 14, 1999.
The actual amount to be fmanced by CFD 99-1 would depend upon a number of factors including
fmal interest rate on the bonds, and value to lien ratio, and may be higher than the $41.6 million
mentioned above.
Ultimately, as subdivision exactions, the developer will finance other improvements that this CFD
cannot finance. The proposed CFD lies within various Development Impact Fee (DIF) benefit
areas, (Poggi Canyon Sewer, Transportation, and the proposed Pedestrian Bridge DIFs) which
places a cap on the CFD's ability to finance these DIF improvements.
Ji-1
Page 5, Item
Meeting Date 8/31/99
Special Tax Report
A copy of the Special Tax Report ("Community Facilities District Report Mello-Roos Community
Facilities Act of 1982 Community Facilities District No. 99-1 Otay Ranch SPA One - Portions of
Village One, Village Five and Village One West") prepared by the Special Tax: Consultant, McGill
Martin Self, Inc., is on file, and available for public review in the City Clerk's Office. Said report
incorporates the "Rate and Method of Apportionment" (RMA) (previously approved by Council on
July 13, 1999, and amended today, August 24, 1999) establishing the procedure for levying the
special taxes in CFD 99-1. The district is divided into the following 3 Zones:
. Zone A: applies only to Developed Property, and means a specific geographic location
known as the Village One area;
. Zone B: applies only to Developed Property, and means a specific geographic location
known as the Village Five area; and
. Zone C: applies only to Developed Property, and means a specific geographic location
known as the Village One West area.
The district will have four categories of taxation, as follows:
. Residential Developed Parcels (single and multifamily residences) are taxed on the
square footage of the building. The Special Tax Report proposes three zones
corresponding to each of the three villages within the district. The proposed residential
tax rates are as follows:
Residential Developed Parcels Maximum Annual Special Tax
Zone A Village 1 $0 per unit dwelling + $0.28 per square foot
of Residential Floor Area
Zone B Village 5 $400 per dwelling unit + $0.29 per square
foot of Residential Floor Area
Zone C Village West $400 per dwelling unit + $0.44 per square
foot of Residential Floor Area
At the time the tax is levied, developed parcels are those parcels for which a building
permit has been issued. This tax rate has been determined by a preliminary "2 %
maximum tax" analysis. Said analysis, which is based on estimated house sizes and
prices, sets the amount of the maximum special tax that may be levied by CFD 99-1 on
residential parcels. It should be noted that a final test will be required at escrow
closing using actual house sale prices. Ifthe 2 % limit is exceeded, the developer is
required to buydown the lien to an amount sufficient to meet the 2 % criteria.
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Page 6, Item
Meeting Date 8/31/99
. Non-Residential Developed Parcels are taxed based on acreage of the parcel.
N on-Residential Commercial Property Community Purpose Facility
Developed Parcels Maximum Annual Special Tax Property Maximum Annual
Special Tax
Zone A Village 1 $1,600 Per Acre $400 per Acre
Zone B Village 5 $3,717 per Acre $929 per Acre
Zone C Village West $4,266 per Acre $1,066 per Acre
As mentioned before, Village 1 is subject to the assessments imposed by AD 97-2. The
annual (AD 97-2) assessment installment is about $6,950 per commercial acre. CFD 99-1
proposes to levy an annual tax of $1,600 per commercial acre in Village 1. Even with the
lower tax proposed by CFD 99-1, the combined annual obligation ($8,550 per acre) will
be about 2.0 times the rates for the adjacent CFD 97-3 (McMillin) of $4,000 per acre.
The commercial rates in Villages 1 West and Village 5 are comparable to the rates
approved for CFD 97-3. It should be noted that no commercial uses are currently
proposed in Villages 1 West and Village 5; however, the proposed commercial rates would
become applicable in the event a rezoning to commercial is approved by Council. The
CPF tax has been set at 25% of the commercial rate (similar to CFD 97-3). The developer
considers this a tax that may be reasonably supported by this land use category.
. The Undeveloped Property Category includes all the parcels for which a building permit has
not been issued. The tax on Undeveloped Property is based on the total acreage of the parcel.
During buildout, the collection from developed properties is not enough to cover the annual
debt service. During that period, the undeveloped land taxes will cover the shortfall. Based
on a conservative housing absorption projection, the special tax consultant has determined
that an undeveloped land tax of $8,864 per Acre is needed to meet the annual debt service.
Even if no development occurs and the whole property remains undeveloped, the proposed
tax will generate enough tax to cover the debt service on the bonds.
Undeveloped Property Categories All Zones Maximum Annual Special Tax
Undeveloped Property $8,864 per Acre
. The Taxable Homeowners Association (HOA) Parcels are taxed based on the acreage of
the parcel, the same as Undeveloped Property.
Undeveloped Property Categories All Zones Maximum Annual Special Tax
Taxable Property Owner Association $8,864 per Acre
Property
The RMA determines that no special tax shall be levied on up to 529.7 acres of HOA Property
and Public Property. This acreage includes all of the parcels to be conveyed to the HOA or
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Page 7, Item
Meeting Date 8/31/99
dedicated to the City of Chula Vista. Any dedication of public property above the exempted
acreage of will be classified as Taxable HOA Property at a rate of $8,864 per acre. These
categories were created to provide additional assurance to perspective bond purchasers that the
collectible tax will always cover the annual debt service.
Collection of Taxes
First, the maximum special taxes will first be levied on the developed parcels (Residential and
Non-Residential). If this pool of funds is not enough to meet the annual debt service, as may be
the case in the early years of developments, the district will levy a tax on the Undeveloped Land.
Again, if additional monies are needed after the first two steps have been completed, the special
tax shall be levied on Taxable Property Homeowners Association Property. After buildout, if the
annual need is less than the collectible tax from the Developed Parcels, the special taxes to be
levied in that specific year will be reduced proportionally.
Since this district is taxed based on the square footage of the home, the bond holders require
protection in the event that the developer builds less than projected. This district used a Backup
Special Tax where each final map ("Planning Area") will have to meet its projected total square
footage or the developer will have to make up the lost revenue by prepayment of special taxes.
This type of Backup Special Tax will require more administration by the City to monitor the
development for every building permit pulled however these administration costs are recoverable
from the district. The Backup tax is payable in cash or by posting a letter of credit. There is a
five year limit on the build out process. If the Planning area has not been built out within five
years of receipt of the first Backup Special Tax, all Backup Special Tax payments shall be used
to redeem bonds at that time.
The approved (as amended today, August 24, 1999) "Rate and Method" also includes provisions
for the prepayment of the special taxes in the event the developer or a future property owner
decides to do so.
Maximum Taxes
The rate of special tax levy for variety of dwellings is as follows:
Land Use Zone A Zone B Zone C
(Village 1) (Village 5) (Village 1 West)
Single Family Residence $560 $980 $1,280
(2000 SF)
Single Family Residence $420 $835 $1,060
(1500 SF)
Multi Family (1000 SF) $280 $690 $840
Commercial/Industrial $1,600 $3,717 $4,266
(1 Acre)
Community Purpose $400 $929 $1,066
Facility (1 Acre)
Vacant Land (1 Acre) $8,864 $8,864 $8,864
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Page 8, Item
Meeting Date 8/31/99
Maximum Tax Policy
Council Policy establishes that the maximum annual CFD special taxes applicable to any newly
developed residential property shall be no more than 1 % of the sale price of the house. In
addition, the aggregate of all annual taxes and assessments is limited to 2% ofthe sale price of
the house. CFD for landscaping maintenance is not included in the 2% limitation.
A preliminary calculation of the maximum tax, using estimated house prices. has been completed
and all homes fall within the 2% limit. A final test will be performed at escrow closing using the
actual sale price of the house. Council Policy requires that at or prior to each closing of escrow,
the escrow company shall apply a "calculation formula" previously approved by the City
Engineer to determine the aggregate of regular County taxes, Mello-Roos taxes, and assessment
installments. If the 2% limit is exceeded, the developer would be required to provide cash to buy
down the lien to an amount sufficient to meet the 2% tax ceiling.
Compliance with this procedure would ensure that the aggregate tax to be paid by the purchaser
of the house meets the City's criteria. Since the 2% limit is a City policy, the limit is not being
included in the rate and method of the district.
Value to Lien Ration Policy
Council policy requires a minimum 4:1 value-to-lien ratio. A ratio ofless than 4:1, but not equal
to or greater than 3: 1, may be approved, in the sole discretion of Council, when it is determined
that a ratio ofless than 4: 1 is financially prudent under the circumstances of a particular CFD. A
final appraisal and lien ratio analysis would be available for Council consideration prior to bond
sale, which is planned for September 1999. If the final analysis shows parcels which fail to meet
the 4: 1 or 3: 1 ratio, the developer would be required to either:
. Provide cash or letters of credit to maintain the lien ratio within the City criteria;
or,
. The principal amount of the bonds to be issued for CFD 99-1 will be reduced to
comply with City policy; or,
. Provide sufficient information to convince Council that a lesser lien ratio is prudent.
Public Hearing and Resolutions
There are three resolutions and one Ordinance on today's agenda which, if adopted, will
accomplish the following:
The RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 99-1 is the formal action forming and establishing Community Facilities District
No. 99-1 and authorizing submittal of levy of special taxes to the qualified electors, and performs
the following:
. Sets the name of the District
. Identifies the Special Tax Report prepared by McGill Martin Self, Inc. as the report to be
used for all future proceedings
Jj.-~
Page 9, Item
Meeting Date 8/31/99
. Establishes a Special Tax secured by a continuing lien to secure the bonds. The Special Tax
is set forth in the amended Rate and Method of Apportionment which will be approved by
the adoption of this Resolution.
. Approves the amended boundaries of the district.
. Submits the levy of the special tax to the property owners.
. Describes the type of facilities to be financed by the district.
The RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS, is a
resolution submitting to the qualified electors of a Community Facilities District a proposition to
incur a bonded indebtedness secured by a special tax levy to pay for certain Capital Facilities in
Community Facilities District No. 99-1, and performs the following:
. Declares that a bond issuance is necessary.
. Describes the type of facilities to be financed by the district.
. Limits the bond term to 30 years for each bond issue.
. Submits two ballot propositions to the property owners to (a) incur a bonded indebtedness
not to exceed $60 million to pay for authorized facilities pursuant to the special tax formula
and to levy a special tax, and (b) to establish an appropriations limit for the district.
. Establishes an election procedure
The RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION, is the action
of the City Council acting in its capacity as the Legislative Body of Community Facilities
District No. 99-1 declaring the results of a special election in such Community Facilities District.
The ORDINANCE AUTHORIZING THE LEVY OF A SPECIAL TAX, is the first reading of
an ordinance by the City Council acting as the Legislative Body of Community Facilities District
No. 99-1 authorizing the levy of a special tax in such Community Facilities District.
Notice
All property owners within the district have been notified of the public hearing through the mail
as well as a published notice in the Star News.
Future Action
Adoptions of tonight's resolutions will form and establish CFD 99-1, including holding a special
election.
FISCAL IMPACT:
None, the developer will pay all costs and has deposited money to fund initial consultant costs, and
City costs in accordance with the approved Reimbursement Agreement. The City will receive the
benefit of the full cost recovery for staff time involved in district formation (estimated at $40,000)
and administration activities. Staff anticipates that most of the CFD 99-1 administration will be
contracted out. The CFD administration cost is estimated at $125,000 annually during buildout and
$75,000 annually thereafter.
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Page 10, Item
Meeting Date 8/31/99
In accordance with the CFD Policy, as consideration for the City's agreement to use the City's
bonding capacity to provide the financing mechanism for the construction of the proposed
improvements, the developer will pay one percent (1 %) of the total bond authorization. Said
requirement will be memorialized in the AcquisitionlFinancing Agreement that will be brought to
Council at a later date. Based on a bond sale amount of$41.6 million, said monetary compensation
would be $416,000. Said amount shall be paid prior to bond sale (scheduled for October 1999) and
will be deposited into the General Fund. The CFD Policy also stipulates that said compensation is
not eligible for financing by CFD 99-1.
H:\HOME\ENGINEER\AGENDA \ VoteLevy .doc
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RESOLUTION NO.
RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES
DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE
ONE, VILLAGE FIVE AND VILLAGE ONE WEST) AND AUTHORIZING
SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED
ELECTORS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council "), has previously declared its intention and ordered the preparation of a Special Tax
Report relating to the initiation of proceedings to create a Community Facilities District pursuant
to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982" , being
Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the
"Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to
the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the
Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be
referred to collectively as the "Community Facilities District Law"). This Community Facilities
District shall hereinafter be referred to as COMMUNITY FACILITIES DISTRICT NO. 99-1
(OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND
VILLAGE ONE WEST) (the "District"); and,
WHEREAS, notice of a public hearing relating to the establishment of the District, the
extent of the District, the financing of certain public facilities and all other related matters has
been given, and a Community Facilities District Report, as ordered by this City Council, has been
presented to this City Council and has been made a part of the record of the hearing on the
Resolution of Intention to establish such District; and,
WHEREAS, there has also been presented to the City Council an amended boundary map
of the District showing the deletion of certain parcels from the District and an amended rate
and method of apportionment of special taxes which conforms to the changes in the boundaries
of the District; and
WHEREAS, all communications relating to the establishment ofthe District, the proposed
public facilities and the proposed rate and method of apportionment of special tax have been
presented, and it has further been determined that a majority protest as defined by law has not
been received against these proceedings; and,
WHEREAS, inasmuch as there have been less than twelve (12) registered voters residing
within the territory of the District for at least the preceding ninety (90) days, the authorization to
1
/?'/l-j
levy special taxes within the District shall be submitted to the landowners of the District, such
landowners being the qualified electors as authorized by law.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS The above recitals are all true and correct.
SECTION 2. DETERMINATIONS It is hereby determined by this City Council that:
A. All prior proceedings pertaining to the formation of the District were valid and
taken in conformity with the requirements of the law, and specifically the provisions of the
Community Facilities District Law, and that this finding and determination is made pursuant to
the provisions of Government Code Section 53325.1.
B. The written protests received, if any, do not represent a majority protest as defined
by the applicable provisions of the Community Facilities District Law and, therefore, the special
tax proposed to be levied within the District has not been precluded by majority protest pursuant
to Section 53324 of the Government Code of the State of California.
C. The District as proposed conforms with the City of Chula V ista Statement of Goals
and Policies Regarding the Establishment of Community Facilities Districts, as amended.
D. Less than twelve (12) registered voters have resided within the territory of the
District for each of the ninety (90) days preceding the close of the public hearing, therefore,
pursuant to the Community Facilities District Law the qualified electors of the District shall be
the landowners of the District as such term is defined in Government Code Section 53317(f) and
each landowner who is the owner ofrecord as of the close of the public hearing, or the authorized
representative thereof, shall have one vote for each acre or portion of an acre of land that she or
he owns within the District.
E. The time limit specified by the Community Facilities District Law for conducting
an election to submit the levy of the special taxes to the qualified electors of the District and the
requirements for impartial analysis and ballot arguments have been waived with the unanimous
consent of the qualified electors of the District.
F. The City Clerk, acting as the election official, has consented to conducting any
required election on a date which is less than 125 days following the adoption of any resolution
forming and establishing the District.
2
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SECTION 3. COMMUNITY FACILITIES DISTRICT REPORT The Community Facilities
District Report for the District (the "Report"), as now submitted by McGill Martin Self, Inc.,
Special Tax Consultant, shall stand as the report as required pursuant to Government Code Section
53321.5 for all future proceedings and all terms and contents are approved as set forth therein.
SECTION 4. NAME OF DISTRICT The City Council does hereby establish and declare the
formation ofthe District known and designated as "COMMUNITY FACILITIES DISTRICT NO.
99-1 (OTA Y RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND
VILLAGE ONE WEST)."
SECTION S. BOUNDARIES OF DISTRICT The boundaries and parcels of land in which the
public facilities are to be provided and on which special taxes will be levied in order to pay the
costs and expenses for such public facilities are generally described as follows:
All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 99-1
(OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND
VILLAGE ONE WEST), as shown on the amended boundary map of the District, such
map designated by the name of this District, a copy of which is on file in the Office of the
City Clerk. The amended boundary map of the District is hereby approved and shall
supercede the original boundary map. The amended boundary map shall be recorded in
the Office of the County Recorder of the County of San Diego as required by law.
SECTION 6. DESCRIPTION OF FACILITIES A general description of the public facilities
which this legislative body is authorized by law to construct, own or operation, which are the
facilities to be financed under these proceedings, are generally described in Exhibit A attached
hereto and incorporated herein by this reference.
The facilities as above-described are facilities which the City Council is authorized by law
to contribute revenue to or to construct, own or operate. It is hereby further determined that the
proposed facilities are necessary to meet increased demands and needs placed upon the City, and
the costs and expenses charged to this District represent the fair share costs of the facilities
attributable to this District.
For a full and complete description of such facilities, reference is made to the Report, a
copy of which is on file in the Office of the CITY CLERK. In addition to financing the above
described facilities, the financing of those incidental expenses described in the Report are also
approved and authorized.
SECTION 7. SPECIAL TAX Except where funds are otherwise available a special tax, secured
by recordation of a continuing lien against all non-exempt real property in the proposed District,
3
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is hereby authorized, subject to voter approval, to be levied within the boundaries of such District.
For particulars as to the rate and method of apportionment of the proposed special tax, reference
is made to the attached and incorporated Exhibit "B" (the "Special Tax Formula"), which sets
forth in sufficient detail the method of apportionment to allow each landowner or resident within
the proposed District to estimate the maximum amount that such person will have to pay. Such
special tax shall be utilized to pay directly for the previously described facilities, to pay debt
service on authorized bonds to assist in financing such facilities, to replenish any reserve fund
established for such bonds, and to pay the costs of administering the bonds and the District.
The special taxes herein authorized, to the extent possible, shall be collected in the same
manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale
and lien priority in any case of delinquency as applicable for ad valorem taxes; provided,
however, the District may utilize a direct billing procedure for any special taxes that cannot be
collected on the County tax roll or may, by resolution, elect to collect the special taxes at a
different time or in a different manner if necessary to meet its financial obligations.
Under no circumstances will the special tax to be levied against any parcel used for private
residential purposes be increased as a consequence of delinquency or default by the owner of any
other parcel or parcels within the District by more than 10 percent.
This legislative body further authorizes that special taxes may be prepaid and satisfied by
payment of the prepayment amount calculated pursuant to the Special Tax Formula.
Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 ofthe Streets
and Highways Code of the State of California, a continuing lien to secure each levy of the special
tax shall attach to all non-exempt real property in the District and this lien shall continue in force
and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled
in accordance with law or until collection of the tax by the legislative body ceases.
SECTION 8. PREPARATION OF ANNUAL TAX ROLL The name, address and telephone
number of the office, department or bureau which will be responsible for preparing annually a
current roll of special tax levy obligations by Assessor's parcel number and which shall be
responsible for estimating future special tax levies pursuant to Section 53340.1 of the Government
Code of the State of California, are as follows:
Engineering Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 92010
(619) 691-5021
4
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SECTION 10. SUBSTITUTION FACILITIES The description of the public facilities, as set forth
above, is general in its nature. The final nature and location of such facilities will be determined
upon the preparation of final plans and specifications therefor. Such final plans may show
substitutes in lieu of, or modification to, the above described facilities and any such substitution
shall not be a change or modification in the proceedings as long as the facilities provide a service
substantially similar to that as set forth in this Resolution.
SECTION 11. APPEALS AND INTERPRETATION PROCEDURE Any landowner or resident
who feels that the amount or formula of the special tax is in error may file a notice with the
Agency appealing the levy of the special tax. An appeals panel of 3 members, as appointed by
the Agency, will then meet and promptly review the appeal, and if necessary, meet with the
applicant. If the findings of the appeals panel verify that the special tax should be modified or
changed, a recommendation at that time will be made to the City Council and, as appropriate, the
special tax levy shall be corrected, and if applicable in any case, a refund shall be granted.
Interpretations may be made by the City Council by Resolution for purposes of clarifying
any vagueness or ambiguity as it relates to any category, zone, rate or definition contained in the
Special Tax Formula.
SECTION 12. ELECTION This City Council herewith submits the levy of the special tax to the
qualified electors of the District, such electors being the landowners in the District, with each
landowner having one (1) voter for each acre or portion thereof of land which he or she owns
within the District.
This legislative body hereby further directs that the ballot proposition relating to the levy
of the special tax be combined and consolidated with the proposition relating to the incurring of
a bonded indebtedness. This Resolution shall not constitute the notice of the election, and the
Resolution declaring the necessity to incur the bonded indebtedness shall constitute the notice of
the election relating to the combined proposition on the authorization to incur a bonded
indebtedness and authorization for the special tax levy and the proposition to establish an
appropriations limit for the District.
Presented by
Approved as to form by
John P. Lippitt, Director
of Public Works
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RESOLUTION NO.
RESOLUTION DECLARING NECESSITY TO INCUR A BONDED
INDEBTEDNESS, SUBMITTING TO THE QUALIFIED ELECTORS OF A
COMMUNITY FACILITIES DISTRICT A PROPOSITION TO INCUR A
BONDED INDEBTEDNESS SECURED BY A SPECIAL TAX LEVY TO PAY
FOR CERTAIN CAPITAL FACILITIES IN A COMMUNITY FACILITIES
DISTRICT, AND GIVING NOTICE THEREON
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City
Council"), has previously declared its intention and held and conducted a public hearing relating
to the issuance of bonds to be secured by special taxes to pay for certain capital facilities in a
community facilities district, as authorized pursuant to the terms and provisions of the "Mello-
Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California (the" Act") and the City of Chula Vista Community
Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista
under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the
"Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community
Facilities District Law"). This Community Facilities District shall hereinafter be referred to as
COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTA Y RANCH SPA ONE - PORTIONS
OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) (the "District"); and,
WHEREAS, at this time the City Council desires to proceed to make the determination
of necessity to incur the bonded indebtedness, to declare the purpose for such debt, and to
authorize the submittal of a combined proposition to the qualified electors of such District, being
the landowners of the proposed District, all as authorized and required by law;
WHEREAS, all of the qualified electors have waived the time limits specified in the Act
pertaining to the conduct of the election and the requirements for impartial legal arguments have
also been waived by the unanimous consent of the qualified electors; and
WHEREAS, the CITY CLERK, as the Election Official, has concurred in the shortening
of time for conducting the election.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are all true and correct.
SECTION 2. NECESSITY FOR BOND ISSUE. The City Council hereby expressly
declares and states that it is necessary to incur a bonded indebtedness as authorize under the
terms and provisions of the Community Facilities District Law, in order to finance the below
described public facilities.
1
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SECTION 3. PURPOSE OF BONDED INDEBTEDNESS. The purpose for the
proposed bonded indebtedness is generally described as follows:
To finance the construction, expansion, rehabilitation or purchase of certain facilities
consisting of the types of facilities described in Exhibit A hereto; and appurtenances and
appurtenant work and incidental costs as authorized pursuant to Government Code Section
53345.3. For a further description of such facilities, reference is made to the Community
Facilities District Report (the "Report") of McGill Martin Self, Inc., the special tax consultant,
previously approved by this City Council, a copy of which is on file in the Office of the City
Clerk.
SECTION 4. TERRITORY TO PAY FOR BONDED INDEBTEDNESS. This City
Council determines that the whole of the District will pay for the above-referenced bonded
indebtedness. A general description of the District is as follows:
All property within the boundaries of COMMUNITY FACILITIES DISTRICT NO. 99-1
(OTA Y RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND
VILLAGE ONE WEST), as shown on a map as previously approved by the City
Council, such map designated by the name of this District, a copy of which is on file in
the Office of the City Clerk.
SECTION 5. BOND AMOUNT. The amount of the proposed bonded indebtedness,
including the cost of the facilities, together with all incidental expenses, shall not exceed
$60,000,000.
SECTION 6. BOND TERM. This City Council hereby further determines that the
maximum term of bonds and/or any series shall not exceed forty (40) years, and such bonds may
be issued in differing series, at differing times. The maximum rate of interest to be paid on
such bonds may not exceed the greater of either twelve percent (12 %) per annum or the
maximum rate permitted by law at the time of sale of any of such bonds. The bonds, except
where other funds are made available, shall be paid exclusively from the annual levy of the
special tax, and are not secured by any other taxing power or funds of the District or the City.
SECTION 7. ELECTION. The proposition related to the incurring of the bonded
indebtedness shall be consolidated with the proposition relating to the levy of the special tax,
shall be combined into one ballot proposition, and shall be submitted to the qualified voters,
together with a ballot proposition to establish an appropriations limit for the District, at a special
election to be held on the 17th day of August, 1999, and such election shall be a special mailed
ballot election to be conducted by the City Clerk (the "Election Official"). If the combined
proposition for the levy of the special tax and the incurring of the bonded indebtedness receive
the approval of more than two-thirds (2/3) of the votes cast on the proposition, bonds may be
authorized, issued and sold for the purposes set forth herein and the special tax may be levied
as provided in the Resolution of Formation.
2
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SECTION 8. BALLOT. The ballot proposal to be submitted to the qualified voters at
the election shall generally be as follows:
PROPOSITION A
Shall the CITY OF CHULA VISTA COMMUNITY FACILITIES
DISTRICT NO. 99-1 (OTA Y RANCH SPA ONE - PORTIONS OF
VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST),
County of San Diego, 1) incur a bonded indebtedness in an amount not to
exceed $60,000,000 to pay for authorized public facilities pursuant to the
special tax formula set forth in Resolution No. , 2) levy a special
tax to secure such bonded indebtedness, pay directly for such public
facilities, replenish any reserve fund and pay costs of administering such
bonds and such district?
PROPOSITION B
Shall the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 99-1
(OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND
VILLAGE ONE WEST) establish an Article XIIIB appropriations limit equal to
$60,000,000?
SECTION 9. VOTE. The appropriate mark placed in the voting square after the word
"YES" shall be counted in favor of the adoption of the proposition, and the appropriate mark placed
in the voting square after the word "NO" in the manner as authorized, shall be counted against the
adoption of such proposition.
SECTION 10. ELECTION PROCEDURE. The Election Official is hereby authorized
to take any and all steps necessary for the holding of such election. The Election Official shall perform
and render all services and proceedings incidental to and connected with the conduct of the election,
which services shall include, but not be limited to, the following activities as are appropriate to the
election:
A. Prepare and furnish to the election officers necessary election supplies for the conduct
of the election.
B. Cause to be printed the requisite number of official ballots, tally sheets and other
necessary forms.
C. Furnish and address official ballots for the qualified electors of the District.
D. Cause the official ballots to be delivered to the qualified electors or their authorized
representatives, as required by law.
3
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E. Receive the returns of the election and supplies.
F. Sort and assemble the election material and supplies in preparation for the canvassing of
the returns.
G. Canvass the returns of the election.
H. Furnish a tabulation of the number of votes given in the election.
I. Make all arrangements and take the necessary steps to pay all costs of the election
incurred as result of services performed by the District and pay costs and expenses of all
election officials.
J. Conduct and handle all other matters relating to the proceedings and conduct of the
election in the manner and form as required by law.
PREPARED BY:
APPROVED AS TO FORM BY:
.Kahe:;/~
Attorney
John P. Lippitt
Director of Public Works
H: Ihomelattorneylresol99-J reso. b
4
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA
ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE
WEST) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH
COMMUNITY FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has previously undertaken proceedings to create and did establish a Community
Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities
Act of 1982," being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the
State of California (the "Act") and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections
3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act
and the Ordinance may be referred to collectively as the "Community Facilities District Law").
This Community Facilities District shall hereinafter be referred to as COMMUNITY
FACILITIES DISTRICT NO. 99-1 (OTA Y RANCH SPA ONE - PORTIONS OF VILLAGE
ONE, VILLAGE FIVE AND VILLAGE ONE WEST) (the "District"); and,
WHEREAS, this City Council did call for and order to be held an election to submit to
the qualified electors of the District a proposition relating to the levy of special taxes and the
issuance of bonds and a separate proposition relating to the establishment of an appropriations
limit for the District; and,
WHEREAS, at this time said election has been held and the measures voted upon and
each such measure did receive the favorable 2/3's vote of the qualified electors, and this City
Council desires to declare the results of the election in accordance with the provisions of the
Elections Code of the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 99-1 (OTA Y RANCH SPA ONE - PORTIONS OF VILLAGE ONE,
VILLAGE FIVE AND VILLAGE ONE WEST), DOES HEREBY RESOLVE, DECLARE,
FIND, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF
ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City
1
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Clerk, acting in her capacity as the Election official, said Statement setting forth the number of
votes cast in the election, the measures voted upon, and the number of votes given for and/or
against the measures voted upon. A copy of said Certificate and Statement is attached hereto,
marked Exhibit "A", referenced and so incorporated.
SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections
Code of the State of California, to enter in the minutes the results of the election as set forth in
said STATEMENT OF VOTES CAST.
PREPARED BY:
APPROVED AS TO FORM BY:
Ov-~ ~~
John Kaheny
City Attorney
John P. Lippitt
Director of Public Works
H :lhomelallorneylresolcfd99-1 .c
2
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EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA)
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY
that pursuant to the provisions of Section 53326 of the Government Code and Division
encing with Section 17000 of the Elections Code of the State of California, I
did canvass the returns of the votes cast at the
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(OTA Y RANCH SPA ONE -
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST)
SPECIAL ELECTION
in said City, held August 17, 1999.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of
votes cast in said District in said City, and the whole number of votes cast for the
Measures in said District in said City, and the totals of the respective columns and the
totals as shown for the Measures are full, true and correct.
I. TOTAL NUMBER OF VOTES CAST:
II. VOTES CAST ON PROPOSITION A: YES
NO
III. VOTES CAST ON PROPOSITION B: YES
NO
WITNESS my hand and Official Seal this
day of
,1999.
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA
3
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 99-1 (OTA Y RANCH SPA ONE - PORTIONS OF
VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST)
AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has initiated proceedings, held a public hearing, conducted an election and
received a favorable vote from the qualified electors authorizing the levy of a special tax in a
community facilities district, all as authorized pursuant to the terms and provisions of the" Mello-
Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the
Government Code of the State of California (the "Act") and the City of Chula Vista Community
Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista
under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the
"Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community
Facilities District Law"). This Community Facilities District is designated as COMMUNITY
FACILITIES DISTRICT NO. 99-1 (Otay Ranch Spa One - Portions of Village One, Village Five
and Village One West) (the "District").
The City Council of the City of Chula Vista, California, acting as the legislative body of
Community Facilities District No. 99-1 (Otay Ranch Spa One - Portions of Village One, Village
Five and Village One West), does hereby ordain as follows:
SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy
of special taxes pursuant to the Rate and Method of Apportionment of Special Taxes as set forth
in Exhibit "A" attached hereto (the "Special Tax Formula"), referenced and so incorporated.
SECTION 2. This City Council, acting as the legislative body of the District, is hereby
further authorized, by Resolution, to annually determine the special tax to be levied for the then
current tax year or future tax years, except that the special tax to be levied shall not exceed the
maximum special tax calculated pursuant to the Special Tax Formula, but the special tax may be
levied at a lower rate.
SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected
in the same manner as ad valorem property taxes and shall be subject to the same penalties,
procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes;
provided, however, the District may utilize a direct billing procedure for any special taxes that
cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes
at a different time or in a different manner if necessary to meet its financial obligations.
1
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SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections
3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall
be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall
continue in force and effect until the special tax obligation is prepaid, permanently satisfied and
canceled in accordance with Section 53344 of the Government Code of the State of California or
until the special tax ceases to be levied by the City Council in the manner provided in Section
53330.5 of said Government Code.
SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within
fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in
a newspaper of general circulation in the City pursuant to the provisions of Government Code
Section 36933.
PRESENTED BY
APPROVED AS TO FORM:
John P. Lippitt, Director of
Public Works
CL-~~
John M. Kaheny, City Attorney
H: \home\attorney\cfd99-1. ord
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i
coMMUNITY FACILITIES DISTRICT
SPECIAL TAX REPORT
MELLO-ROOS coMMUNITY FACILITIES ACT OF 1982
coMMUNITY FACILITIES DISTRICT
NO. 99-1 OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE,
VILLAGE FIVE AND VILLAGE ONE WEST
The City of Chula Vista
476 Fourth Avenue
Chula Vista., California 91910
McGill Martin Self, IDe.
310 TbirdAvenue, Suite C-5
Chula Vista., California 91910
August 17, 1999
s
TABLE OF CONTENTS
Page
I. INTRODuCIloN '" '" '" ... ... '" ... ... ... ... ... ... ... ... ... ... ... ... ... '" '" ... ... ... ... .... 1
n. PRoJEer DESCRIPIlON ...... ... ... ... '" '" '" ...... ... ... ... '" ... ... '" '" ... ... '" ... ... 2
Ill. DESCRIPTION AND ESTIMATED COST OF PROPOSED F ACll.JTIES '" .. . '" ... '" ... ... 3
A. Description of Proposed Public Improvements ......... ... ......... ... ... ... '" 3
B. Estimated Cost of Proposed Public Improvements ... '" ... '" ... ... ... ... '" '" 4
IV. BONDED INDEBTEDNESS AND INCIDENTAL ExPENSES ... ...... ... ... ...... ...... ......... 5
A Projected Bond Sales ... ... '" ... '" ... ... ... ... . .. ... ... ... ... ... ... ... ... ... ... ... 5
B. Incidental Bond Issuance Expenses to be Included in the Proposed Bonded
Indebtedness ........................................................................ 5
C. Incidental Expenses to be Included in the Annual Levy of Special Taxes ... 5
V. RATE AND MEmoD OF APPORTIONMENT OF mE SPECIAL TAX ... ... ... ... ... ... ... .. 6
A Explanation for Special Tax Apportionment... ... ... ... ... '" '" ... ... ... ...... 6
B. Maximum Annual Special Tax Rates... ... '" ... ... '" ... ... ... '" ... '" '" ..... 7
C. Backup Special Tax............... ................................. ...... .......... 8
D. Accuracy of Information .................. ........................................ 8
VL BOUNDARIES OF COMMUNITY FACILITIES DISTRICT... ... '" ... ... ... ... '" ... '" ..... 9
VB. GENERAL TERMS AND CONDmONS ... '" ... ... ... '" '" ... ... ... ... '" ... ... '" ... '" .... 10
A. Substitution Facilities ............... ... .............................. ...... ........ 10
B. Appeals........................ ......... ...... .................................... '" 10
EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Rate and Method of Apportionment
Assigned Maximum Special Tax Rates for Developed Property
Maximum Special Tax Rates for Undeveloped and Taxable Property
Owner Association Property
Boundary Map
Exhibit D
~
~
~
Th'TRODucnON
WHEREAS, the City of Chula Vista did, pursuant to the prOVIsIOn of the Mello-Roos
Community Facilities Act of 1982, being Chapter 2.5, Par! 1, Division 2, Title 5 of the
Government Code of the State of California (hereinafter referred to as the "Act"), and
specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the
legislative body of the proposed Community Facilities District This Community Facilities
District being Community Facilities District No. 99-1 (Otay Ranch SPA One - Portions of
Village One, Village Five and Village One West) shall hereinafter be referred to as:
"CFD No. 99-1"; and
WHEREAS, the Resolution Ordering and Directing the Preparation of a Report for Proposed
community Facilities District No. 99-1 did direct that said Report generally contain the
following:
FACILITIES:
A full and complete description of the public facilities the acquisition of
which is proposed to be financed through the CFD.
COST ESTlMA TE: A general cost estimate setting forth costs of acquiring such facilities.
NOW, THEREFORE, 1, John Lippitt P.E., the Director of Public Works of the City of Chula
Vista, and the appointed responsible officer directed to prepare this Special Tax Report or cause
the Report to be prepared pursuant to the provisions of the Act, do bereby submit this Report.
Further particulars and documentation regarding the rate and method of
apportionment for the authorized special tax.
SPECIAL TAX:
1
Page 1
August 17. 1999
Community Facilities District No. 99-1
Otay Ranch SPA one _ Portions of Village One. Village Five and Village One West
II. PROJECT DESCRIPTION
CFD No.99-1 encompasses approximately 978 gross acres of land located in the portion of the
south San Diego City of Chula Vista known as Otay Ranch. Of this acreage, approximately 660
acres are expected to be developed. At buildout, it is expected that eFD NO.99-1 will consist of
approximately 2,705 Single Family Residences, 1,352 Multifamily Residences, 8.1 Acres of
Commercial Uses, and 10.7 Acres of Community Purpose Facilities (churches, daycare, etc.).
The combined Single Family and Multifamily Uses are anticipated to generate 7,465,067 square
feet of residential building square footage. The Commercial, Community Purpose Facility
Property and Taxable Homeowner Association (HOA) Parcels are anticipated to generate 18.8
net taxable acreage.
CFD No.99-1 (Otay Ranch SPA One - Portions of Village One, Village Five and Village One
West) is also divided into the following three zones:
· Zone A: applies only to Developed Property, and means a specific geographic location
known as the Village One area as depicted on Exhibit D;
· Zone B: applies only to Developed Property, and means a specific geographic location
known as the Village Five area as depicted on Exhibit D; and
· Zone C: applies only to Developed Property, and means a specific geographic location
known as the Village One West area as depicted on Exhibit D;
Table 1, below, summarizes the amount of improved residential building square footage, number
of units and net taxable Commercial and Community Purpose Facility Property expected at
buildout of CFD No.99-1 (Otay Ranch SPA One - Portions of Village One, Village Five and
Village One West), by zone.
TABLEt
CATEGORY SQUARE FEET OF NUMBER OF NUMBER OF
RESIDENTIAL UNITS ACRES
FLOOR AREA
ZONE A: VILLAGE ONE 3,495,399 2,268 14.1
ZONE B: VILLAGE FIVE 2,038,513 1,036 4.7
ZONE B: VILLAGE FIVE 1,931,155 753 0
cm No. 99-1 allows for the future annexation of parcels as depicted on Exhibit D (Future
Annexation Parcels). The area within the Future Annexation ?arcels encompasses
approximately 36 gross acres. At buildout, it is expected that the Future Annexation Parcels, if
and when annexed into CFD No. 99-1, would include approximately 154 single family
i ~sidences.
e
Community Facilities District No. 99-1
Otar Ranch SPA One - Portions of Village One, Village Five and Village One West
Page 2
August 8, 1999
m. DESCRIPTION AND ESTIMATED COST OF PROPOSED FAClLmES
A. Descriution of Prouosed Public Imurovements
A community facilities district may provide for the purchase, construction, expansion, or
rehabilitation of any real or tangible property, including public facilities and
infrastructure improvements with an estimated useful life of five (5) years or longer,
which is necessary to meet increased demands placed upon local agencies as a result of
development or rehabilitation occurring within the community facilities district. In
addition, a community facilities district may pay in full all amounts necessary to
eliminate any fixed sp.ecial assessment liens or to pay, repay, or defease any obligation to
payor any indebtedness secured by any tax, fee, charge, or assessment levied within the
area of the community facilities district.
The facilities described in this Report are all facilities which the legislative body creating
CFD No.99-1 is authorized to own, construct, or finance, and which are required, in part,
to adequately meet the needs of CFD No.99-1. In addition, the facilities meet the criteria
for authorized public facilities set forth in the City's Statement of Goals and Policies
regarding the establishment of Community Facilities Districts. The actual facilities
described herein are those currently expected to be required to adequately meet, in part,
the needs of CFD No.99-L Because the actual needs of CFD No.99-1 arising as
development progresses therein may differ from those currently anticipated, CFD No.99-
1 reserves the right to modify the actual facilities proposed herein to the extent CFD
No.99-1 deems necessary, in its sole discretion to meet those needs. The Special Taxes1
required to pay for the construction or financing of said facilities will be apportioned as
described in the Rate and Method of Apportionment of the Special Tax for CFD No.99-1
(Otay Ranch SPA One - Portions of Village One, Village Five and Village One West)
(see Exhibit A).
Proceeds of the proposed bonded indebtedness of CFD No. 99-1 will be used to finance
backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping,
utilities, etc.), public facilities DIF Improvements, and pedestrian bridges. Following is a
general description of the proposed facilities:
. Olympic Parkway Phases 1 and 2
. Paseo Ranchero Phase 2
. East Palomar within Village One West
. East Palomar within Village Five
J Please note that all capitalized terms used herein, unless otherwise indicated. shall have the meanings defined in
the Rate and Method (,f Apportionment prepared for CFD No. 99-1.
9
Page 3
August 17, 1999
Community Facilities District No. 99-1
Otay Ranch SPA One-Portions o/Village One. Village Five and Village One West
· Those facilities to be financed from the proceeds of Public Facilities Development
Impact Fees, payable as a condition of development of property within cm
No.99-1
· Those facilities to be fmanced from the proceeds of Pedestrian Bridges
Development Impact Fees, payable as a condition of development of property
within em No.99-1
· Slope Landscaping
· Environmental Mitigation Costs for OlYmpic Parkway
B. Estimated Cost of Proposed Public Improvements
The facilities and the estimated costs herein are subject to review and confirmation. The
costs listed in Table 2, are estimates only, based upon current construction and land costs
and actual costs may differ from those estimates herein. Based on the current cm
No.99-1 bond sizing estimate of approximately $39.5 million, only a portion of these
costs are expected to be financed with CFD bond proceeds.
TABLE 2
Facilities Improvements Total Estimated Cost
OlYmpic Parkway Phase 1 $ 35.2 Million
OlYmpic Parkway Phase 2 $ 5.4 Million
Paseo Ranchero Phase 2 $ 4.3 Million
Palomar (Village One West) I $ 4.5 Million
Palomar (Village Five) $ 2.0 Million
Slope Landscaping $ 5.0 Million
Public Facilities Development Impact Fees $ 8.1 Million
Pedestrian Bridge Impact Fees $ 1.3 Million
10
Community Facilities District No. 99-1
OtQll llDnch SPA One - Portions of Village One, Village Five and Vz/Jage One West
Page 4
August 8, 1999
IV. BONDED INDEBTEDNESS AND INCIDENTAL EXPENSES
A. Proiect Bond Sales
The current bond amount estimated for CFD No. 99-1 is $60 million (exclusive of the
Future Annexation Parcels), and it is anticipated that a single bond will be issued. The
bonds issued by CFD No.99-1 will meet the terms and conditions of special tax bonds set
forth in the City's Statement of Goals and policies Regarding the Establishment of
Community Facilities Districts.
B. Incidental Bond Issuance Ex enses to be Included in the Pro osed Bonded
Indebtedness
pursuant to Section 53345.3 of the Act, bonded indebtedness may include all costs and
estimated costS incidental to, or connected with, the accomplishment of the purpose for
which the proposed debt is to be incurred, including, but not limited to, the costs of legal,
fiscal, and financial consultant fees; bond and other reserve funds; discount fees; interest
on any bonds of the district due and payable prior to the expiration of one year from the
date of completion of the facilities, not to exceed two years; election costs; and all costs
of issuance of the bonds, including, but not limited to, fees for bond counsel, costs of
obtaining credit ratings, bond insurance premiums, fees for letters of credit, other credit
enhancement costs, printing costs, and those Administrative Costs as defined by Exhibit
A. For the bonds proposed to be issued by CFD No.99-1, capitalized interest is estimated
to be capitalized for one year. The reserve fund is estimated to be the maximum
allowable under Federal Tax Law. All other incidental bond issuance expenses is
estimated at 4 percent of the face amount of the bonds.
c. Incidental Ex enses to be Included in the Annual Levv of S ecial Taxes
Pursuant to Section 53340 of the Act, the proceeds of any special tax may only be used to
pay, in whole or part, the cost of providing public facilities, services and incidental
expenses. As defined by the Act, incidental expenses include, but are not limited to, the
cost of planning and designing public facilities to be financed, including the cost of
environmental evaluations of those facilities; the costs associated with the creation of the
district, issuance of bonds, determination of the amount of taxes, collection of taxes,
payment of taxes, or costs otherwise incurred in order to carry out the authorized
purposes of the district; any other expenses incidental to the construction, completion,
and inspection of the authorized work; and the retirement of existing bonded
indebtedness. While the actual cost of administering CFD No.99-1 may vary, the
currently budgeted amount of special taxes which can be collected is $125,000 in annual
administrative expenses prior to buildout of the project and $75,000 per year subsequent
to buildout. The actual cost will likely change over the life of the district. Therefore the
administrative budget for CFD No. 99-1 will be set each year, and could be more than the
current budget.
II
,
Page 5
August 17. 1999
Community Facilities District No. 99-1
Oray Ranch SPA One _ portions of Village One. Village Five and Village One West
v. RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX
All of the property located within CFD No.99-1, unless exempted by law, shall be taxed for the
purpose of providing necessary facilities to serve CFD No.99-1. Pursuant to Section 53325.3 of
the Act, the tax imposed "is a Special Tax and not a special assessment, and there is no
requirement that the tax be apportioned on the basis of benefit to any property." The Special Tax
""may be based on benefit received by parcels of real property, the cost of making facilities or
authorized services available to each parcel or other reasonable basis as determined by the
legislative body," although the Special Tax may not be apportioned on an ad valorem basis
pursuant to Article XIIIA of the California Constitution.
As shown in Exhibit A, the amended Rate and Method of Apportionment provides information
sufficient to allow each property owner within CFD No.99-1 to estimate the maximum annual
Special Tax he or she will be required to pay. Sections A through C, below, provide additional
information on the Rate and Method of Apportionment of the Special Tax for CFD 99-1.
A. Explanation for Special Tax Apportionment
When a community facilities district is formed, a Special Tax may be levied on each
parcel of taxable property within the CFD to pay for the construction, acquisition and
rehabilitation of public facilities, to pay for authorized services or to repay bonded
indebtedness or other related expenses incurred by CFD No.99-1. This Special Tax must
be apportioned in a reasonable manner, however, the tax may not be apportioned on an ad
valorem basis.
When more than one type of land use is present within a community facilities district,
several criteria may be considered when apportioning the Special Tax. Generally, criteria
based on building square footage, acreage, and land use are selected, and categories based
on such criteria are established to differentiate between parcels of property. These
categories are a direct result of the developer's projected product mix, and are reflective
of the proposed land use types within that community facilities district. Specific Special
Tax levels are assigned to each land use class, with all parcels within a land use class
assigned the same Special Tax rate.
The Act does not require the Special Taxes to be apportioned to individual parcels based
on benefit received. However, in order to insure fairness and equity, benefit principles
have been incorporated in establishing the Special Tax rates for CFD No.99-1.
The major assumption inherent in the Special Taxes rates set forth in the Rate and
Method of Apportionment is that the level of benefit received from the proposed public
improvements is a function land use. This assumption is borne out through an
examination of commonly accepted statistical measures.
For example, in measuring average weekday vehicle trip-ends, the Institute of
Transportation Engineer's 1995 Trip Generation report identifies land use as the primary
determinant of trip-end magnitude. Commercial land uses typically generate more trip-
ends than do single family residential land use. Similarly, larger single family detached
Community Fad/itit!S Distric: No. 99-1 Page 6
Olav Ranch SPA One - Portions 0 Villa e One, Villa e FIVe and Villa e One Wt!St Au ust 8, 1999
/ ;;2/
dwellings typically generate a greater number of trip-ends than do smaller single family
detached homes, and therefore, will tend to received more benefit from road grading,
road landscaping and road improvements.
Drainage and flood control requirements generally vary with the amount of impervious
ground cover per parcel. It follows that larger homes which have more impervious
ground cover will create relatively more drainage flow than smaller homes.
CFD No.99-l (Otay Ranch SPA One - Portions of Village One, Village Five and Village
One West) is divided into three district zones, described as:
,.. Zone A: applies only to Developed Property, and means a specific geographic
,
location known as the Village One area.
,. Zone B: applies only to Developed Property, and means a specific geographic
location known as the Village Five area~ and
~~ Zone C: applies only to Developed Property, and means a specific geographic
,
location known as the Village One West area.
Four Land Use Class Categories of Taxation have been established for CFD No.99-1.
The categories are defined as follows:
,. Residential Developed Parcels (single and multifamily residences) are taxed on the
square footage of the building;
,. Non-Residential Developed Parcels are taxed based on acreage of the parcel;
,. The Undeveloped Property Category includes all the parcels for which a building
permit has not been issued. The tax on Undeveloped Property is based on the total
acreage of the parcel; and
,. The Taxable Property Owners Association Property Parcels are taxed based on the
acreage of the parcel, the same as Undeveloped Property.
Based on the types of public facilities that are proposed for CFD No.99-1 and the factors
described above, the Special Taxes assigned to specific land uses are generally
proportionate to the relative benefits received by them, and, accordingly, the Special
Taxes in CFD No.99-1 can be considered fair and reasonable.
B. Maximum Annual Suecial Tax Rates
Exhibit B lists the Maximum Annual Special Tax rates that may be levied in each zone,
against Residential Property, Commercial Property and Community purpose Facility
Property within CFD No.99-1. Exhibit C lists the Maximum Special Tax Rates for
Undeveloped Property and Taxable Property Owner Association Property within CFD
No.99-1. Any Future Annexation Parcels that annex into CFD No. 99-1 will be subject
to the Maximum Special Tax Rates specified in Exhibits B and C, and the Backup
Special Tax (descrit-ed below) of the applicable zone within which such Future
Annexation Parcel is located and its applicable land use category.
Community Facilities Distrid No. 99-1
Otay Ranch SPA One _ Portions of Village One, Village Five and Village One West
Page 7
August 17,1999
15
The City Council will annually determine the actual amount of the Special Tax levy
based on the method described in Exhibit A and subject to the maximum Special Tax
rates contained in Exhibit B and Exhibit C. The City will levy a Special Tax to the extent
necessary, sufficient to meet the Special Tax Requirement.
c. Backup Special Tax
Payment of a one-time Backup Special Tax may be required prior to, the issuance of
building permits or recordation of a final map. Tables 4,5, and 6 in Exhibit A identifies
the amount of Special Tax revenue and development that is currently expected from each
planning area If the CFD Administrator determines that the Special Tax revenue for a
planning area will be reduced as a result of a reduction in the expected number of units,
acres, or building square feet in such planning area, then a Backup Special Tax payment
will be required. Upon annexation of Future Annexation Parcels within CFD No. 99-1,
Tables 5 and/or 6 will be modified to include relevant land use information pursuant to
the procedure described in Exhibit A.
The amount ofthe Backup Special Tax payment will be calculated pursuant to Section E
of Exhibit A.
D. Accuracv ofInfonnation
In order to establish the Maximum Annual Special Tax rates and the Backup Special Tax
as set forth in the Rate and method of Apportionment for CFD 99-1, McGill Martin Self,
Inc. has relied on information including, but not limited to absorption, land-use types,
building square footage, and net taxable acreage which were provided to McGill Martin
Self. Inc. by others. McGill Martin Self, Inc. has not independently verified such data
and disclaims responsibility for the impact of inaccurate data provided by others, if any,
on the Rate and Method of Apportionment for CFD 99-1, including the inability to meet
the financial obligations of CFD 99-1.
/1/
Conurwnity Facilities District No. 99-1
Olav Ranch SPA One-Portions of Vilw/(e One, Villa/(e Five and Vdla/(e One West
Page 8
AU/(USl 8, 1999
VL BOUNDAroffiSOFCO~FACarnESDffiTIUCT
The boundaries of em No.99-1 include all land on which the Special Taxes may be levied. A
map of the area included within CFD No.99-l is provided as Exhibit D. Future Annexation
Parcels ofeFD No. 99-1 have also been identified on Exhibit D.
;5"
Communitl. Facilities Distria No. 99-1
Otay Ran;h SPA One _ Portions of Village One. Village Five and Village One West
Page 9
August 17,1999
VIT. GENERAL TERMS AND CONDmONS
A. Substitution Facilities
The description of the public facilities, as set forth herein, are general in their nature. The
final nature and location of improvements and facilities will be determined upon the
preparation of final plans and specifications. The fmal plans may show substitutes, in
lieu or modifications to the proposed work in order to accomplish the work of
improvement, and any such substitution shall not be a change or modification in the
proceedings as long as the facilities provide a service and are of a type substantially
similar to that as set forth in this Report.
B. Anneals
Any landowner who feels that the amount of the Special Tax is in error may file a notice
with CFD 99-1, appealing the levy of the Special Tax pursuant to the procedure specified
in Exhibit A As appropriate, a representative of CFD No.99-1 will then review the
appeal and, if necessary, meet with the applicant. If the fmdings of the representative
verify that the amount of the Special Tax should be modified or changed, then, as
appropriate, the Special Tax levy shall be corrected.
/r;
Community Facilities District No. 99-1
Olav Ranch SPA One-Portions o/Village One, Vulage Five and Village One West
Page 10
AUlfllst 8, 1999
EXHIBIT A
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(Otay Ranch SPA One - Portions of Village One, Village Five and Village One West)
RATE AND METHOD OF APPORTIONMENT
/7
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(OTA y RANCH SPA ONE -
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST)
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
A Special Tax as hereinafter defined shall be levied on all Taxable Property within the City of
Chula Vista Community Facilities District No. 99-1 ("CFD No. 99-1 ") and collected each Fiscal
Year commencing in Fiscal Year 2000-2001, in an amount determined by the City Council
through the application of the -appropriate Special Tax for "Developed Property", "Taxable
Property Owner Association Property", and "Undeveloped Property" as described below. All of
the real property in CFD No. 99-1, unless exempted by law or by the provisions hereof, shall be
taxed for the purposes, to the extent and in the manner herein provided
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area
shown on the applicable final map, parcel map, condominium plan, record of survey, or other
recorded document creating or describing the parcel. If the preceding maps are not available,
the Acreage shall be determined by the City Engineer.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter
2.5, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the following actual or reasonable estimated costs
directly related to the administration of CFD No. 99-1, including, but not limited to, the
following: the costs of computing the Special Taxes and preparing the annual Special Tax
collection schedules (whether by the City or designee thereof or both); the costs of collecting
the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the
Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the
discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 99-1
or any designee thereof of complying with arbitrage rebate requirements; the costs to the
City, CFD No. 99-1 or any designee thereof of complying with City, CFD No. 99-1 or
obligated persons disclosure requirements associated with applicable federal and state
securities laws and of the Act; the costs associated with preparing Special Tax disclosure
statements and responding to public inquiries regarding the Special Taxes; the costs of the
City, CFD No. 99-1 or any designee thereof related to an appeal of the Special Tax; the costs
of any credit enhancement obtained by the City or CFD No. 99-1 (but excluding the costs of
City ofChuJa Vista
Community Facilities District No. 99-1
August 17,1999
Page 1
I?
any credit enhancement required to be provided by the Master Developer or any other owner
of property within CFD 99-1), and the costs associated with the release of funds from an
escrow account, if any. Administrative Expenses shall also include amounts estimated or
advanced by the City or CFD No. 99-1 for any other administrative purposes of CFD No. 99-
1, including attorney's fees and other costs related to commencing and pursuing to
completion any foreclosure of delinquent Special Taxes.
"Annexation Parcels" means those specific Assessor's Parcels that are subject to future
annexation into CFD No. 99-1 as depicted in Exhibit B attached herein. Any Annexation
Parcels that annex to CFD No. 99-1 will be subject to the Maximum Annual Special Tax and
the Backup Special Tax of the zone ofCFD 99-1 within which such Annexation Parcel is
located and the appropriate land use category of CFD No. 99-1 to which such Annexation
Parcel.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County
designating parcels by Assessor's Parcel number.
" Available Funds" means the balance in the reserve fund established pursuant to the terms
of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent
special tax payments, foreclosure proceeds, the portion of proceeds of Backup Special Tax
payments and Special Tax prepayments collected to pay interest on Bonds, and other sources
of funds available as a credit to the Special Tax Requirement as specified in such Indenture.
"Backup Special Tax" means the Special Tax that is required to be paid as a condition
precedent to the issuance of building permits or recordation of final maps, as determined in
accordance with Section E below.
"Bonds" means any bonds or other debt (as defined in the Act), whether in one or more
series, issued by CFD No. 99-1 under the Act and secured by the levy ofthe Special Taxes.
"CFD Administrator" means an official of the City acting for and on behalf ofCFD 99-1,
or designee thereof, responsible for determining the Special Tax Requirement and providing
for the levy and collection of the Special Taxes.
"CFD No. 99-1" means City of Chula Vista Community Facilities District No. 99-1 (Otay
Ranch ",PA One _ Portions of Village One, Village Five, and Village One West), as depicted
in Exhibit A
"City" means City ofChula Vista.
City ofChu/a Vista
Community Facilities District No. 99-1
August 17. 1999
Page 2
/1
"Commercial Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) was issued for a non-residential use, excluding Community Purpose
Facility Property.
"Community Purpose Facility Property" means all Assessor's Parcels of Developed
Property, which are classified as community purpose facilities and meet the requirements of
City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City, acting as the legislative body ofCFD No.
99-1.
"County" means the County of San Diego.
"Developed Property" means, for each Fiscal Year, all Taxable Property, exclusive of
Taxable Property Owner Association Property, for which a building permit for new
construction was issued prior to March 1 of the prior Fiscal Year.
"Development Projection" means an annual calculation for each Planning Area of CFD No.
99-1 of: (i) the number and total Residential Floor Area of existing dwelling units of
Residential Property, the number of existing Acres of Commercial Property, and the number
of existing Acres of Community Purpose Facility Property, and (ii) a projection of all future
development, including the acreage, projected number of residential dwelling units, projected
Residential Floor Area, projected Commercial Property Acres, projected Community
Purpose Facility Property Acres, and an absorption schedule for all future development
within CFD No. 99-1. The Development Projection shall be dated as of March 1 and
prepared each Fiscal Year by the Master Developer. Upon submittal, the CFD Administrator
shall review, modify if necessary, and approve the Development Projection If the
Development Projection is not received by the CFD administrator on or before April 1 of
each year, the CFD Administrator shall then prepare or cause to be prepared a Development
Projection.
"Final Residential Subdivision" means a subdivision of property created by recordation of
a fmal map or parcel map, approved by the City pursuant to the Subdivision Map Act
(California Government Code Section 66410 et seq.), recordation of a lot line adjustment
approved by the City which creates a parcel for which a building permit may be issued or
recordation of a condominium plan pursuant to California Civil Code 1352 that creates
individual lots for which residential building permits may be issued without further
subdivision of such property.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or
other instrument pursuant to which Bonds are issued, as modified, amended and/or
supplemented from time to time, and any instrument replacing or supplementing the same.
City ofChula Vista
Community Facilities District No. 99-1
August 17. 1999
Page 3
{20
"Land Use Class" means any of the classes listed in Tables 1,2, and 3 of Section C.
"Master Developer" means the owner or owners of the predominant amount of
Undeveloped Property in em No. 99-1.
"Maximum Annual Special Tax" means the maximum annual Special Tax, determined in
accordance with the provisions of Section C below, that may be levied in any Fiscal Year on
any Assessor's Parcel of Taxable Property.
"Occupied Residential Property" means all Assessor's Parcels of Residential Property,
which have closed escrow to an end user.
"Outstanding Bonds" means all Bonds, which remain outstanding.
"Planning Areas" means those areas shown on Exhibit C. Minor adjustments in the
boundaries of the Planning Areas may be made by the CFD Administrator to conform to the
tentative and fInal maps, lot line adjustment or other property line adjustment approved by
the City for these areas. The Planning Areas in Exhibit C existing at the time of formation of
CFD No. 99-1 may be expanded to include Annexation Parcels from time to time or
additional Planning Areas may be established to include Annexation Parcels from time to
time.
"Property Owner Association Property" means any property within the boundaries of
CFD No. 99-1 owned by or dedicated to a property owner association, including any master
or sub-association.
"Proportionately" means for Developed Property that the ratio of the actual Special Tax
levy to the Maximum Annual Special Tax is equal for all Assessors Parcels of Developed
Property within CFD No. 99-1. For Undeveloped Property, "Proportionately" means that the
ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is
equal for all Assessors Parcels of Undeveloped Property within CFD No. 99-1.
"Public Property" means any property within the boundaries of CFD No. 99-1 that is used
for rights-of-way or any other purpose and is owned by or dedicated to the federal
government, the State of California, the County, the City or any other public agency.
"Residential Property" means all Assessors Parcels of Developed Property for which a
building permit has been issued for purposes of constructing one or more residential dwelling
units.
"Residential Floor Area" mews all of the square footage of living area within the perimeter
ofa residential structure, not including any carport, walkway, garage, overhang, patio,
enclosed patio, or similar area. The determination of Residential Floor Area shall be made
City ofChula Vista
Community Facilities District No. 99-1
August 17, 1999
Page 4
c2/
by reference to appropriate records kept by the City's Building Department. Residential
Floor Area will be based on the building permit(s) issued for each dwelling unit prior to it
being classified as Occupied Residential Property, and shall not change as a result of
additions or modifications made after such classification as Occupied Residential Property.
"Special Tax" means the: (i) annual special tax to be levied in each Fiscal Year on each
Assessor's Parcel of Taxable Property to fund the Special Tax Requirement pursuant to
Section D, and (ii) the Backup Special Tax required to be paid as a result of changes in
development
"Special Tax Requirement" means that amount required in any Fiscal Year for CFD No.
99-1 to: (i) pay annual debt service on all Outstanding Bonds as defined in Section A:, (ii) pay
periodic costs on the Bonds, including but not limited to, credit enhancement and rebate
payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to
establish or replenish any reserve funds for all Outstanding Bonds in accordance with the
Indenture; (v) and pay directly for acquisition and/or construction of facilities, which are
authorized to be financed by CFD No. 99-1; (vi) less a credit for Available Funds.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries ofCFD No.
99-1 which are not exempt from the Special Tax pursuant to law or the provisions of
Section F below.
"Taxable Property Owner Association Property" means all Assessor's Parcels of Property
Owner Association Property that are not exempt pursuant to the provisions of Section F
below.
"Trustee" means the trustee, fiscal agent, or paying agent under the Indenture.
"Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as
Developed Property or Taxable Property Owner Association Property.
"Zone A" applies only to Developed Property, and means a specific geographic location
known as the Village One area as depicted in Exhibit A attached herein.
"Zone B" applies only to Developed Property, and means a specific geographic location
known as the Village Eve area as depicted in Exhibit A attached herein.
"Zone e" applies only to Developed Property, and means a specific geographic location
known as the Village One West area as depicted in Exhibit A attached herein.
City ofChu/a Visla
Community Facilities District No. 99-1
August 17, 1999
Page j
;{;2
B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 99-1 shall be classified as Developed
Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall
be subject to the levy of annual Special Taxes determined pursuant to Sections C and D
below. Developed Property shall further be assigned to Zone A, Zone B, or Zone C.
The Maximum Annual Special Tax for an Assessors Parcel of Residential Property shall be
based on the Residential Floor Area and the number of the dwelling units located on such
Assessor's Parcel. The Maximum Annual Special Tax for an Assessor's Parcel of
Commercial Property and Community Purpose Facility Property shall be based on the
Acreage of such Assessor's Parcel.
c. MAXIMllM ANNUAL SPECIAL TAX RATE
1. Developed Property
The Maximum Annual Special Tax for each Land Use Class of Developed Property
within Zone A, Zone B, or Zone C shall be the applicable amount shown on Tables 1, 2,
and 3 below. The Maximum Annual Special Tax for each Assessor's Parcel of
Residential Property shall equal the specified amount per dwelling unit times the number
of dwelling units on such Assessor's Parcel plus the specified amount per square foot
times the square footage of Residential Floor Area on such Assessor's Parcel.
TABLE 1
Maximum Annual Special Tax for Developed Property in Zone A (Village One)
Community Facilities District No. 99-1
Maximum
Land Use
Class
1
Descn tion
Residential Property
....
~
Commercial Pro
Community Purpose Facility
Pro e
$0 per dwelling unit + $.28 per
square foot of Residential Floor
Area
$1,600 r Acre
$400 per Acre
2
City ofChula Vista
Community Facilities District No. 99-1
August 17. 1999
Page 6
;23
TABLE 2
Maximum Annual Special Tax for Developed Property in Zone B (Village Five)
Community Facilities District No. 99-1
Land Use
Class
1
2
3
Commercial Pro ern
Communi. P se Facility Pro
Maximum Annual Special
Tax
$400 per dwelling unit +$.29
per square foot of Residential
Floor Area
$3,717 r Acre
$929 r Acre
Descri tion
Residential Property
TABLE 3
Maximum Annual Special Tax for Developed Property in Zone C (Village One West)
Community Facilities District No. 99-1
Land Use
Class
1
Descri tion
Residential Property
Maximum Annual Special
Tax
$400 per dwelling unit + $.44
per square foot of Residential
Floor Area
$4,266 r Acre
$1,066 Acre
2
3
2. Undeveloped Property and Taxable Property Owner Association Property
The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped
Property and Taxable Property Owner Association Property shall be $8,864 per Acre.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 1999-2000 and for each following Fiscal Year, the
Council shall determine or cause to be determined the Special Tax Requirement and shall
determine or cause to be determined the applicable annual Special Tax so that the amount
of Special Taxes equals the Special Tax Requirement for such Fiscal Year. The annual
Special Tax shall be calculated and levied each Fiscal Year as follows:
First The Special Tax shall be levied Proportionately on each Assessor's Parcel of
Developed Property within Zone A, Zone B, or Zone C at up to 100% of the applicable
Maximum Annual Special Tax to satisfy the Special Tax Requirement.
City ofChu/a Vista
Community Facilities District No. 99-1
August 17. 1999
Page 7
R1
Second: If additional moneys are needed to satisfy the Special Tax Requirement after the
first step has been completed, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Annual
Special Tax for Undeveloped Property.
Third: If additional moneys are needed to satisfy the Special Tax Requirement after the
first two steps have been completed, then the Special Tax shall be levied Proportionately
on each Assessors Parcel of Taxable Property Owner Association Property and Public
Property, if applicable, as provided for in Section F at up to the Maximum Annual
Special Tax for Taxable Property Owner Association Property and Public Property, if
applicable.
Notwithstanding the above, under no circumstances will the Special Tax levied against
any Assessors Parcel of Occupied Residential Property be increased by more than ten
percent per year as a consequence of delinquency or default in the payment of Special
Taxes by the owner of any other Assessor's Parcel ofCFD No. 99-1.
E. BACKUP SPECIAL TAX
The following definitions apply to this Section E:
"Actual Average Special Tax Per Unit" means, for each Planning Area, the Actual
Special Tax Revenue divided by the sum of the number of units included in any current
building permit application( s) plus the number of units within such Planning Area for
which building permits have previously been issued. Any Residential Floor Area created
by building permits issued after an Assessors Parcel has been classified as Occupied
Residential Property shall not be included in determining the Actual Average Special Tax
Per Unit.
"Actual Special Tax Revenue" means, for each Planning Area, the sum ofthe total
Residential Floor Area shown on any current building permit application(s) plus the total
Residential Floor Area from any previously issued building permits within the Planning
Area multiplied by the applicable Maximum Annual Special Tax. Any Residential Floor
Area created by building permits issued after an Assessors Parcel has been classified as
Occupied Residential Property shall not be included in determining the Actual Special
Tax Revenue.
"Backup Special Tax Fund" means, for each Planning Area, the fund or account
identified in the Indenture to hold Backup Special Tax payments received from property
owners within such Planning Area.
"Expected Special Tax Revenue" means, with respect to each Planning Area, the
amount shown in the column so labeled in Tables 4, 5, and 6.
City ofChula Vista
Community Facilities District No. 99-1
August 17, 1999
Page 8
/"
~?
"Required Average Special Tax Per Unit/Acre" means, for each Planning Area, the
Expected Special Tax Revenue divided by the total expected number of dwelling units or
non-residential Acres (as applicable) expected to be developed within the Planning Area,
as determined by the em Administrator based on tentative maps, Final Residential
Subdivision maps, the Development Projection, and all other relevant information
available to the CFD Administrator. In cases where residential and non-residential
property are both included within a Planning Area, the em Administrator may adjust the
Required Average Special Tax Per Unit/Acre as necessary.
"Share of Annual Debt Service" means, for each Planning Area, the maximum annual
debt service on the Bonds multiplied by that Planning Areals percentage of the total
Special Tax revenue,.as shown in Table 4, 5, and 6 below. A Planning Area's Share of
Annual Debt Service shall be adjusted to reflect any prepayments within that Planning
Area.
1. Expected Development and Special Tax Revenues
Tables 4, 5, and 6 below identify the amount of development and Special Tax revenue
that is currently expected from each Planning Area in Zone A, Zone B, or Zone C.
Tables 4,5, and 6 may be revised by the CFD Administrator if the Planning Area
boundaries are modified as a result of the annexation of Annexation Parcels to CFD
99-1 or otherwise.
The owner of the Annexation Parcels, upon such annexation, shall provide the CFD
Administrator the total number of residential units or the total number of non-
residential Acres, and the total Residential Floor Area expected to be developed
within the land area of such Annexation Parcels. The CFD Administrator shall utilize
this information to modify Tables 5 and 6 to include the additional Expected Special
Tax Revenue, and to recalculate the percent of total revenue for each Planning Area.
City ofChu/a Vista
Community Facilities District No. 99-/
August /7. /999
Page 9
~
TABLE 4
Expected Development and Special Tax Revenue by Planning Area within Zone A
Community Facilities District No. 99-1
NUMBER \ EXPECTED I
\
OF \ TOTAL SPECIAL PERCENT
pLANNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-6 Residential Property 77 units 179,872 50,364 5.07%
R-7 Residential PropertY 131 units I 411,078 115,102 11.58%
R-9 Residential Property 74 units \ 182,928 51,220 5.15%
R-IO Residential PropertY 123 units 324,351 90,818 9.14%
R-12 Residential PropertY \ 83 units \ 168,988 47,317 4.76%
R-13 Residential Property \ 88 units \ 146,256 40,952 4.12%
R-14 Residential PropertY \ 139 units i 215,589 60,365 6.07%
I R-15 Residential PropertY 464 units \ .464,000 129,919 13.07%
\ R-16 Residential PropertY 115 units I 178,365 49,942 5.02%
I
I
I R-17 Residential Property I 98 units ! 199,528 55,868 I 5.62%
\ I
I R-18 Residential PropertY \ 74 units \ 122,988 34,437 3.46%
R-19 Residential PropertY \ 204 units \ 204,000 57,120 5.75%
R-20 Residential PropertY 160 units 160,000 44,800 4.51%
R-21 Residential PropertY 168 units 168,000 47,040 4.73%
R-47 Residential Property I 174 units 174,000 48,720 4.90%
R-48 Residential Property \ 96 units 195,456 54,728 5.51%
C-1 Commercial 8.1 acres N/A 12,960 1.30%
Property .
CPF-1 Community purpose \ 1. 5 acres N/A 600 0.06%
Facility Property
CPF-2 Community purpose \ 4.5 acres \ N/A 1,800 0.18% \
Facility PropertY
TOTAL \ 2,268 units $994,072 100.00% 1
August 17. 1999
Page 10
City ofChula Vista
Community Facilities District No. 99-1
:;(1
TABLE 5
Expected Development and Special Tax Revenue by Planning Area within Zone B
Community Facilities District No. 99-1
NUMBER EXPECTED
OF TOTAL SPECIAL PERCENT
PLANNING EXPECTED UNITS/ RESIDENTIAL TAX OF TOTAL
AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE
R-25 Residential Property 48 units 150,624 62,881 6.23%
R-26 Residential Property 52 units 137,124 60,566 6.00%
R-27 Residential Property 37 units 75,332 36,646 3.63%
R-28 Residential Prooerty 56 units 93,072 49,391 4.89%
R-29 Residential Property 83 units 128,733 70,533 6.98%
R-30 Residential Property 119 units 197,778 104,956 10.39%
R-31 Residential Property 71 units 144,556 70,321 6.96%
R-32 Residential Property 105 units 259,560 117,272 11.61%
R-33 Residential Property 47 units 123,939 54,742 5.42%
LR-34 Residential ProDertv 35 units 92,295 40,766 4.04%
R-35 Residential Property 36 units 112,968 47,161 4.67%
R-36 Residential Property 62 units 153,264 69,247 6.86%
R-37 Residential Property 60 units 99,720 52,919 5.24%
R-38 Residential Property 43 units 87,548 42,589 4.22%
R-39 Residential Property 182 units 182,000 125,579 12.43%
CPF-5 Community Purpose 4.7 acres N/A 4,366 0.43%
Facility Property
TOTAL 1,036 units $1,009,935 100.00%
City ofChula Vista
Community Facilities District No. 99-1
August 17, 1999
Page 11
:;<f
TABLE 6
Expected Development and Special Tax Revenue by Planning Area within Zone C
Community Facilities District No. 99-1
PLANNING
AREA
R-49A
R-50
R-51A
R-52A
R-53
R-54A
R-55
R-56
R-57
R-58
R-59
R-60
TOTAL
EXPECTED
PRODUCT TYPE
Residential Pro e
Residential Pro ertv
Residential Pro
\ Residential Pro ertv
Residential Pro erty
Residential Pro rtv
Residential Pro ertv
Residential Pro
Residential Pro ertv
Residential Pro ertY
Residential Pro e
Residential Pro rtv
NUMBER
OF
UNITS/
ACRES
88 units
86 units
66 units
69 units
36 units
9 units
57 units
77 units
22 units
102 units
55 units
86 units
753 units
TOTAL
RESIDENTIAL
FLOOR AREA
179,168
212,592
174,042
216,522 \
112,968
18,324
116,052
169.400 \
54,384
320,076
145,035
212,592
EXPECTED
SPECIAL
TAX
REVENUE
$114,034
127,940
102,978
122,870
64,106
11,663 \
73,863 \
105,336 \
32,729
181,633 \
85,815 \
127,940
$1,150,907
2. Calculation of Required Average Special Tax Per Unit/Acre
PERCENT
OF TOTAL
REVENUE
9.91%
11.12%
8.95%
10.67%
5.57%
1.01 %
6.42%
9.15%
2.84%
15.78%
7.46%
11.12%
100.00%
At the time the first building permit application for a Planning Area is submitted to the
City, the CFD Administrator shall calculate the Required Average Special Tax Per
Unit! Acre.
3. Backup Special Tax due to Loss of Units lAc res
If at any time after the Required Average Special Tax Per Unit! Acre has been calculated
initially for a Planning Area, the CFD Administrator determines that based on tentative
maps, Final Residential Subdivision maps, the Development Projection, and any other
available information there has been a reduction in the total expected number of dwelling
units or non-residential Acres within that Planning Area, then a Backup Special Tax
payment shall be required for each lost unit or Acre prior to the issuance of any additional
building permits or the recordation of any additional final maps for such Planning Area.
August ]7. 1999
Page ]2
City ofChula Vista
Community Facilitie~ District No. 99-]
21
4. Backup Special Tax due to Loss of Residential Floor Area
For Planning Areas that include Residential Property, before each building permit (or
group of permits) is issued, the cm Administrator shall calculate the Actual Average
Special Tax Per Unit for the Planning Area If the Actual Average Special Tax Per Unit
is less than the Required Average Special Tax Per Unit then a Backup Special Tax
payment will be required prior to issuance of the building permit( s) included within the
calculation.
5. Calculation of Backup Special Tax
The Backup Special Tax payment amount will be calculated using the prepayment
formula described in Section 1.1, with the following exceptions: (i) if the Backup Special
Tax is required as a result of Section E.3, then the amount used in Paragraph No.1 of the
prepayment formula described in Section 1.1 shall equal the number of lost units or
Acres, as applicable, times the Required Average Special Tax Per Unit/Acre. In the
event Residential Property as identified in Tables 4,5, and 6 is rezoned in whole or part
to non-residential property, the cm Administrator shall determine the Maximum Annual
Special Tax revenue by using the Developed Property rates applicable to such non-
residential property and the amount so derived shall be applied as a reduction to the
amount determined in the preceding sentence; (ii) if the Backup Special Tax is required
as a result of Section EA, then the amount used in Paragraph No.1 of the prepayment
formula described in Section 1.1 shall equal the difference between the Actual Average
Special Tax Per Unit and the Required Average Special Tax Per Unit times the sum of
the number of units for which permits are being issued plus the number of units within
the Planning Area for which building permits have previously been issued The amount
determined pursuant to the preceding sentence shall be reduced by the balance in the
Backup Special Tax Fund that has been established for such Planning Area; (iii) in
Paragraph NO.7 of the prepayment formula described in Section 1.1, compute the amount
needed to pay interest on the Bond Redemption Amount until the first redemption date
that occurs after five years from the date of the first Backup Special Tax payment in the
Planning Area; (iv) any Backup Special Tax payments received for a Planning Area (less
Administrative Fees and Expenses) shall be deposited into the Backup Special Tax Fund
for that Planning Area and disbursed pursuant to the Indenture; and (v) the Maximum
Annual Special Taxes applicable to property within a Planning Area shall not be reduced
or relieved as a result of payment of the Backup Special Tax.
6. U~elRelease of Backup Special Tax Payments
When a Planning Area reaches full buildout (i.e., all expected building permits have been
issued), the CFD Administrator shall calculate the actual Developed Property Maximum
Annual Special Tax revenues that will be generated from such Planning Area If the
ac!ual Developed Property Maximum Annual Special Tax revenues are greater than or
equal to 1.1 times that Planning Area's Share of Annual Debt Service, the balance in the
City ofChu/a Vista
Community Facilities District No. 99-/
August /7, J 999
Page 13
30
Backup Special Tax Fund shall be returned to the payer. If Backup Special Taxes have
been paid by more thao one entity, the amount of Backup Special Taxes retwned to each
payer sball be in proportion to the amount paid by each entity. If the actual Developed
Property Maximum Annual Special Tax revenues are less than 1.1 times that Planning
Area's Share of Annual Debt Service, then to the extent necessary to generate 110%
coverage, the balance in the Backup Special Tax Fund shall be used to redeem bonds on
the next available redemption date. Any moneys remaining in Backup Special Tax Fund
shall be returned to the payer. If a Planning Area has not reached full buildout within
five years after the first payment of Backup Special Taxes for such Planning Area., then
all moneys in the Backup Special Tax Fund shall be used to redeem bonds on the next
available redemption date.
F. EXEMPTIONS
No Special Tax shall be levied on: up to 517.5 Acres of Property Owner Association
Property and Pcblic Property. Tax-exempt stlrtOS will be irrevocably assigned by the CFD
Administrator in the chronological order in which property becomes Property Owner
Association Property or Public Property.
After the limit of 517.5 exempt Acres has been reached, the Maximum Annual Special Tax
obligation for any additional Public Property shall be prepaid in full pursuant to Section 1.1,
prior to the rransfer/dedication of such property. Until the Maximum Anonal special Tax
obligation for any such property is prepaid, the property shall continue to be subject to the
levy of the Special Tax as Undeveloped Property.
Taxable Property Owner Association Property shall be subject to the levy of the Special Tax
Underdeveloped Property and shall be taxed Proportionately as part of the third step in
Section D above, at up to 100% ofthe Maximum Annual Special Tax for Taxable Property
Owner Association Property.
G. REVIEW/APPEALCO~E
The Council shall establiSh as part of the proceedings and administration ofCFD No. 99-1 a
special three-member Review/ Appeal Committee. Any landowner or resident who feels that
the amount of the Special Tax levied on their Assessor's parcel is in error may file a written
notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on
such Assessor'S Parcel. The Review! Appeal Committee may establish such procedures, as it
deems necessary to undertake the review of any such appeal. The Reviewl Appeal
Committee shall interpret this Rate and Method of Apportionment and make detenninations
relative to the annual administration of the Special Tax and any landowner or resident
appeals as herein specified. The decision of the Review/Appeal Committee shall be final and
binding as to all persons.
August 17.1999
Page 14
City ofChula Visla
Community Facilities District Xo. 99-1
3/
H. MANNER OF COLLECTION
The annual Special Tax shall be collected in the same manner and at the same time as
ordinary ad valorem property taxes; provided, however, that CFD No. 99-1 may directly bill
the Special Tax, may collect Special Taxes at a different time or in a different manner if
necessary to meet its fInancial obligations, and may covenant to foreclose and may actually
foreclose on Assessors Parcels, which are delinquent in the payment of Special Taxes.
Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and
conditions established by the Council pursuant to the Act. However, the use of Bond tenders
shall only be allowed on a case-by-case basis as specifically approved by the Council.
L PREPAYMENTOFSPECIALTAX
The following defInitions apply to this Section 1:
"CFD Public Facilities means either $31.6 million 1999 dollars, which shall increase by the
Construction Inflation Index on July 1,2000, and on each July 1 thereafter, or such lower
number as (i) shall be determined by the CFD Administrator as sufficient to provide the
public facilities under the authorized bonding program for CFD No. 99-1, or (ii) shall be
determined by the Council concurrently with a covenant that it will not issue any more Bonds
to be supported by Special Taxes levied under this Rate and Method of Apportionment as
described in Section D.
"Construction Fund"means an account specifically identified in the Indenture to hold
funds that are currently available for expenditure to acquire or construct public facilities
eligible under the Act.
"Construction Inflation Index" means the annual percentage change in the Engineering
News-Record Building Cost Index for the City of Los Angeles, measured as of the calendar
year, which ends in the previous Fiscal Year. In the event this index ceases to be published,
the Construction Inflation Index shall be another index as determined by the CFD
Administrator that is reasonably comparable to the Engineering New-Record Building Cost
Index for the City of Los Angeles.
"Future Facilities Costs" means the CFD Public Facilities minus public facility costs
available to be funded through existing construction or escrow accounts or funded by the
Outstanding Bonds as defIned in Section A, minus public facility costs fullded by interest
earnings on the Construction Fund actually earned prior to the date of prepayment, and minus
public facilities costs paid directly with Special Taxes.
"Outstanding Bonds" means all previously issued Bonds, which will remain outstanding
after the first inte!"est and/or principal payment date following the current Fiscal Year,
City ofChula Visla
Community Facilities District No. 99- J
August /7, 1999
Page 15
3:b
excluding Bonds to be redeemed at a later date with the proceeds of prior prepayment of
Maximum Annual Special Taxes.
1. Prepayment in Full
The Maximum Annual Special Tax obligation may only be prepaid and permanently
satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which
a building permit has been issued, or Public Property. The Maximum Annual Special
Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the
obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as
described here~ provided that a prepayment may be made only if there are no delinquent
Special Taxes with respect to such Assessor's Parcel at the time of prepayment An
owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax
obligation shall provide the CFD Administrator with written notice of intent to prepay.
Within 30 days of receipt of such written notice, the CFD Administrator shall notify such
owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may
charge a reasonable fee for providing this figure. Prepayment must be made not less than
45 days prior to the next occurring date that notice of redemption of Bonds from the
proceeds of such prepayment may be given to the Trustee pursuant to the Indenture.
The Prepayment Amount (defined below) shall be calculated as summarized below
(capitalized terms as defined below):
Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
less Capitalized Interest Credit
Total: equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be
calculated as follows:
Paragraph No.:
1. For Assessor's Parcels of Developed Property, compute the Maximum Annual Special
Tax for the As;:;,essor's Parcels to be prepaid. For Assessor's Parcels ofUmieveloped
Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's
Parcel as though it was already designated as Developed Property, based upon the
building permit, which has already been issued for that Assessor's Parcel. For
Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual
Special Tax for that Assessor's Parcel.
City ofChula Vista
Community Facilities District .\"0. 99-1
August 17. 1999
Page 16
33
2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the
sum of the total expected Special Tax revenues in Tables 4,5, and 6 in Section E,
excluding any Assessor's Parcels, which have been prepaid
3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to
compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond
Redemption Amount").
4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the
applicable redemption premium, if any, on the Outstanding Bonds to be redeemed
(the "Redemption fremium'').
5. Compute the Future Facilities Costs.
6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined
pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be
prepaid (the "Future Facilities Amount'').
7. Compute the amount needed to pay interest on the Bond Redemption Amount from
the first bond interest and/or principal payment date following the current Fiscal Year
until the earliest redemption date for the Outstanding Bonds.
8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel.
9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal
Year, which have not yet been paid
10. Compute the minimum amount the CFD Administrator reasonably expects to derive
from the reinvestment of the Prepayment Amount less the Future Facilities Amount
and the Administrative Fees and Expenses from the date of prepayment until the
redemption date for the Outstanding Bonds to be redeemed with the prepayment.
11. Add the amounts computed pursuant to paragraphs 7 and 9, and subtract the amount
computed pursuant to paragraph 10 (the "Defeasance Amount'').
12. Verify the administrative fees and expenses of CFD No. 99-1, including the costs of
computation of the prepayment, the costs to invest the prepayment proceeds, the costs
of redeeming Bonds, and the costs of recording any notices to evidence the
prepayment and the redemption (the "Administrative Fees and Expenses'').
13. The reserve fund credit (the "Reserve Fwui Credit'') shall equal the lesser of: (a) the
expected reduction in the reserve requirement (as defined in the Indenture), if any,
associated with the redemption of Outstanding Bonds as a result of the prepayment,
City ofChu/a Vista
Community Facilities District No. 99-1
August 17.1999
Page 17
31
or (b) the amount derived by subtracting the new reserve requirements (as defined in
the Indenture) in effect after the redemption of Outstanding Bonds as a result of the
prepayment from the balance in the reserve fund on the prepayment date, but in no
event shall such amount be less than zero.
14. If any capitalized interest for the Outstanding Bonds will not have been expended at
the time of the first interest and/or principal payment following the current Fiscal
Year, a capitalized interest credit shall be calculated by multiplying the quotient
computed pursuant to paragraph 2 by the expected balance in the capitalized interest
fund after such first interest and/or principal payment (the "Capitalized Interest
Credit'').
15. The Maximum AIinual Special Tax prepayment is equal to the sum of the amounts
computed pursuant to paragraphs 3,4,6, 11, and 12, less the amounts computed
pursuant to paragraphs 13 and 14 (the "Prepayment Amount'').
16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4,
11, 13, and 14 shall be deposited into the appropriate fund as established under the
Indenture and be used to retire Outstanding Bonds or make debt service payments.
The amount computed pursuant to paragraph 6 shall be deposited into the
Construction Fund. The amount computed pursuant to paragraph 12 shall be retained
by CFD No. 99-1.
The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of
Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be
retained in the appropriate fund established under the Indenture to be used with the next
prepayment of bonds or to make debt service payments.
As a result of the payment of the current Fiscal Year's Special Tax levy as determined
under paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year's
Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to
any Assessor's Parcel that is prepaid, the Board shall cause a suitable notice to be
recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the
release of the Special Tax lien on such Assessor's Parcel, and the obligation of such
Assessor's Parcel to pay the Special Tax shall cease.
Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the
amount of Maximum Annual Special Taxes that may be levied on Taxable Property
within CFD No. 99-1 both prior to and after the proposed prepayment is at least 1.1 times
the maximum annual debt service on all Outstanding Bonds.
Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted
upon tbe terms and conditions established by the Council pursuant to the Act However,
City ofChula VISta
Community Facilities District No. 99-1
August 17.1999
Page 18
3'7
the use of Bond tenders shall only be allowed on a case-by-case basis as specifically
approved by the Council.
2. Prepayment in Part
The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or
an Assessor's Parcel of Undeveloped Property for which a building permit has been
issued may be partially prepaid. The amount of the prepayment shall be calculated as
in Section 11; except that a partial prepayment shall be calculated according to the
following formula:
PP = PE X F
These terms have the following meaning:
PP = the partial prepayment
PE = the Prepayment Amount calculated according to Section 1.1.
F = the percent by which the owner of the Assessor's Parcel( s) is partially prepaying
the Maximum Annual Special Tax.
The owner of an Assessor's Parcel who desires to partially prepay the Maximum
Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to
partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the
Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that
will be acting as the escrow agent, if applicable. The CFD Administrator shall
provide the owner with a statement of the amount required for the partial prepayment
of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the
request and may charge a reasonable fee for providing this service.
With respect to any Assessor's Parcel that is partially prepaid, the City shall (i)
distribute the funds remitted to it according to Paragraph 16 of Section 11, and (ii)
indicate in the records ofCFD No. 99-1 that there has been a partial prepayment of
the Maximum Annual Special Tax and that a portion of the Maximum Annual Special
Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual
Special Tax shall continue to be authorized to be levied on such Assessor's Parcel
pursuant to Section D.
J. TERM OF MAXIMUM ANNUAL SPECIAL TAX
The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 1999-
2000 to the extent necessary to fully satisfy the Special Tax Requirement for a period
no longer than the 2034-2035 Fiscal Year.
X:\1953.2\ADMIN\l60324APPORT.DOC 7/6/99 3:39 PM
City ofChu/a Vista
Community Facilities District No. 99-/
August 17,1999
Page/9
3~
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 99-1
(OTAY RANCH SPA ONE-
PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST)
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAX
EXHIBITS
Exhibit A
Amended Boundary Map CFD 99-1
Exhibit B
Future Annexation Parcels to CFD 99-1
Exhibit C
Planning Areas for CFD 99-1
Exhibit D
CFD 99-1 Bond Sizing and Total Tax Rate Analysis
97
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EXBlBITB
CITY OF CHULA VISTA
coMl'v1UNITY FACILITIES DISTRICT NO. 99-1
(Otay Ranch SPA One _ Portions of Village One, Village Five and Village One West)
MAXIMJlM SPECIAL TAX RATES FOR DEVEWPED PROPERTY
Maximum Annual Special Tax for Developed Propeny in Zone A (Village One)
. Community Facilities District No. 99-1
\ Land Use Class
1
Descri on
\ Residential Property
\
\ Maximum
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'$400 er Acre
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3
Maximum Annual Special Tax for Developed Property in Zone B (Village Five)
Community Facilities District No. 99-1
2
3
Maximum Annual Special
Tax
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+$.29 per square foot of
Residential Floor Area
$3,717 rAcre
$929 r Acre
Land Use Class Description
1 Residential Property
Maximum Annual Special Tax for Developed Property in Zone C (Village One West)
Community Facilities District No. 99-1
2
3
Maximum Annual Special
Tax
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+$.44 per squar~ foot of
Residential Floor Area
$4,266 r Acre
$1,066 r Acrp
Land Use Class \ Description
1 Residential Property
J/5
This page blank
;j~
EXHIBIT C
CITY OF CHULA VISTA
COMMUNITY F ACn...ITIES DISTRICT NO. 99-1
(Otay Ranch SPA One _ Portions of Village One, Village Five and Village One West)
MAXIMlIM SPECIAL TAX RATES FOR UNDEVELOPED AND TAXABLE
PROPERTY OWNER ASSOCIATION PROPERTY
$8,864/per Acre
Zone B
$8,864/per Acre
\ $8,864/per Acre
Zone C
$8,864/per Acre
Undeveloped
Pro e
Taxable Propeny
Owner Association
Pro
Zone A
$8,864/per Acre
$8,864/per Acre
1/1
This page blank
!/-rt
EXHmIT D
CITY OF CHULA VISTA
coMMUNITY F ACllJTIES DISTRICT NO. 99-1
(Otay Ranch SPA One _ Portions of Village One, Village Five and ViI1age One West)
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COMPILATION OF PRELIMINARY CONSULTANT REPORTS
[IDOO&\~1r
Aviation Systems Associates
23430 Hawthorne Boulevard
Suite 200, Building 3
Torrance, CA 90505
(310) 378-3299
TABLE OF CONTENTS
I. Review of Feasibility of Brown Field Cargo Project
II. Review of the Traffic Technical Study for the Brown
Field Airport Master Plan Environmental Impact Report
III. Air Traffic Overview- San Diego Air Commerce Center
At Brown Field
V. Comments on Noise Portion ofEIR/EA for Brown Field
2
Pages 3 to 11
Pages 12 to 15
Pages 16 to 20
Pages 21 to 22
~
I. REVIEW OF FEASIBILITY OF BROWN FIELD CARGO
PROJECT
This report is based on a reading of three documents:
. San Diego Air Commerce Center, dated November 12, 1998 and prefaced by a letter
from Samuel 1. "Sandy" Kahn to San Diego Mayor Judy McCarty
. Airport Master Plan Study dated March 29, 1999
. A SANDACC at Brown Field Master Plan EIRlEA, this copy undated
In the Master Plan, at page 2-2 there was reference to a "Cargo Market Assessment"
study but this was not included nor read.
The specific purpose of this report and assignment is to evaluate and comment on the
forecasts and economic feasibility of this project. The writer, who has 30 years aviation
experience including cargo studies for a major airline and a 20-year residence in Southern
California is familiar with, and qualified to perform this task objectively.
A review of the data supplied indicates that the concept of an alternative air cargo facility
at Brown Field is logically sound and might in the long run attract measurable amounts of
cargo. However, the significant expense of project development when combined with a
small number of cargo aircraft flights suggest the project would have a very difficult time
breaking even.
As a preface there appear to be certain incontrovertible points:
. Air cargo is growing in volume, both internationally and domestically
. San Diego's Lindbergh Field is limited in space
. Considerable volumes of air freight are trucked from the San Diego area, or even
Mexico, to Los AngeleslLAX
. A cargo port at Brown Field would:
- Accommodate future cargo expansion
Recapture LAX traffic referred to as "leakage"
3
Not answered are such questions as "is this the best alternative", "what are some ofthe
other options not mentioned nor studied" and "what would be the quantified result if
nothing were done".
As seen in an attachment to this paper, San Diego's Lindbergh Field ranked 9lst in
worldwide total cargo volume in 1998. Year over year growth at 3.6% was modest
compared to over 20% the year before. Nonetheless SAN had a positive year-to-year
growth while many other cities did not. In total volume SAN ranks above such major
cities as Cleveland, San Jose and even the all-cargo airport Rickenbacker Field.
The argument could be made that SAN does not appear saturated at this point. Otherwise,
there would be no growth. This same attachment shows LAX with a negative growth.
Another argument used by Brown Field supporters is that San Diego comprises 11 % of
the total state population, and 12% of total enplanements but only 2% of total cargo
handled, Thus, the argument goes, this 9% defic~t in cargo must be being trucked to
LAX.
This is not proven, and to the extent it may hold true, does not a priori indicate a
deficiency at SAN or opportunity at Brown Field. The first issue is whether population,
enplanements and cargo tons are directly related. Because major cities can be cargo hubs
as well as passenger centers, it stands to reason that certain cities, such as Dallas, Denver
and Pittsburgh might handle more cargo than the population would suggest due to cargo
transfers. Secondly, the presence of a large hub route structure does, over years cause
industries and shippers to locate near these major hub cities. Finally, certain cities with
large proportions of retirees and/or little manufacturing often operate in a deficit position
such as San Diego's. For example Palm Springs, Fort Myers, Tucson and Las Vegas all
have cargo volumes far less than relative passenger volumes.
To prove the point that SAN ships a disproportionate volume of cargo to LAX would
require an extensive survey of manufacturing and shipping patterns in the area. The
question could be asked "what is it that is manufactured in San Diego that is being
trucked to LAX for air shipping". In truth, few computers or electronic parts are built in
San Diego and such high value items make up a large portion of air cargo. San Diego is
known as a flower producing area with some outbound clothing shipments from Mexico.
While there may be personal computers and such normal air freight items shipped into
San Diego, outbound traffic may not be of sufficient volume or lucrative enough to
operate all cargo aircraft in both directions.
It is believed that this passenger-cargo disproportionate situation may exist in other areas
as well. For example, Fresno will most likely have less cargo volume statewide than
passengers. Stockton may fall in the same category. A reason for this is that long haul all
cargo aircraft operators prefer for basic economic reasons to have larger, more
concentrated operations. An example would be Korean Airlines. If we assume that they
have 10 all cargo flights into LAX every week, what incentive would there be to move
three of these ten to some other airport, be it Lindbergh or Brown? In the absence of
4
overwhelming competition, Korean is indifferent to the surface trucking costs and will
continue expansion at the known airport (LAX) over the uncertainty of a new one.
Although common wisdom has LAX running out of space, just like SAN, the suggestion
that LAX officials will let cargo, and jobs, slip away is a tenuous one.
Rather than debate these issues on a philosophical basis however, a survey is clearly
called for. It must be determined (a) how many manufacturers there are in the San Diego
area, (b) what airfreight items they currently ship and ( c) if LAX is used, why it is
preferred over SAN.
Little mention is made in all three reports of what may be the single largest cause of
airfreight being diverted from San Diego to Los Angeles. This is not any lack of space or
ground. It is not a short runway. It is an ironclad curfew that prohibits scheduled takeoffs
after I 130pm at night. While this curfew may allow outbound cargo departures with a 6
PM cutoff time, it disallows inbound cargo flights which normally arrive between
midnight and 5 :00 am.
The statement is made here that this may be as much a political issue as a physical one.
By creating a Brown Field cargo complex, San Diego is attempting to export its aircraft
noise and prohibited after-curfew operations from one airport to another. To the extent all
are satisfied with this arrangement and it results in jobs or attainment of desired
objectives, this may be a good policy and no judgment is rendered here; the point is
brought up solely to accord it recognition.
One justification for a Brown Field expansion was to point to the success of several other
recently developed cargo ports, specifically Alliance Airport in Ft. Worth, Texas and
Rickenbacker Airport in Columbus, Ohio. (Note: the cargo growth at the former Mather
AFB in Sacramento could also have been used as well as Ellington AFB in Houston).
However, for every success story in the conversion of Air Force bases to cargo ports
there exists an empty airport that has not yet caught on. In California, Norton AFB and
Marchi San Bernadino both lack cargo carriers despite strenuous efforts. A similar
situation exists at Castle AFB, near Fresno and the former George AFB near Victorville.
In short, the fact that such a conversion has been successful twice, or four or six times in
this country cannot under any circumstances be interpreted to mean Brown Field is
guaranteed the same measure of success.
It is unfortunate that conversion plans for another air base, EI Toro are so indefinite.
Certainly if this Orange County Airport is approved for evening cargo operations it could
jeopardize the viability of Brown Field as EI Toro could draw cargo from all directions.
Similarly it is unfortunate a more cooperative working arrangement with Mexican
authorities and the Tijuana Airport cannot be achieved. It might make more sense to fund
a runway extension and add facilities at that airport rather than have two competing
facilities within ten miles of each other.
5
Conversion of Brown Field into a major cargoport rests upon a series of "Critical
Assumptions" which require they be true in order for the concept to succeed. Several of
these critical assumptions have already been discussed and include:
. Critical Assumption #1: that with only 2% of state cargo volume versus 11 % of
population, Lindbergh Field is "spilling" traffic to LAX.
. Critical Assumption #2: that LAX cannot reach its 4.2 million capacity goal by 2015
and will be seriously constrained
The third Critical Assumption, and from which all else flows is that a cargo air carrier
survey can be totally relied upon in building this facility. In para. 1 on page 2-4 of the
Master Plan it states "[B]ased on .. . numerous discussions with many of the world's most
prominent air cargo operators, it was possible to estimate the number of carriers and daily
operations that Brown Field would attract. . ..". Without any attempt at being facetious,
these conversations could have gone like this with the answers being given by a cargo
aircraft operator:
Q: Do you agree that Lindbergh Field is crowded and not an ideal airport for cargo
operations
A: Yes
Q: Do you believe that large amounts of cargo are being trucked up from SAN to
board at LAX
A; Yes
Q: If a low cost, state of the art alternative was developed to Lindbergh, would you
consider using it
A; Yes, of course
Q: How many flights do you think you would schedule there.
A: We would probably start with one flight, five or six days a week and go to two in
two years if things worked out.
Ask this survey of six carriers (FedEx, UPS, DHL, Emery, et al) and one will get the
quoted response of six carriers with 14 daily operations mentioned in 2-4.
We do not infer that conversations such as this ever took place or were this simplistic.
Indeed, extensive research might have been done by these carriers before coming to any
conclusions. Unfortunately this research and background is not supplied in any report at
hand and thus we have no way of knowing whether scientific judgment prevailed in this
6
forecast of whether simple, leading questions such as above were used. The point is, it
would be a rare carrier that did not express optimism or implied patronage of any new
airport since it costs nothing to state favorable intentions and may open added
competition among airports and lead to lower costs if actualized. We need to know "who
are these carriers and exactly what did they say"?
It should be noted that some of the same carriers that supported Brown Field in concept
have also expressed optimism for El Toro as a cargo port. The acid test is not in the Q &
A but whether they will commit to operations, sign a lease and pledge a bond issue.
Brown Field proponents will correctly point out that a conceptual survey is only the first
step and no expansion will get underway without obtaining these commitments.
Opponents will point out that a verbal "promise to use" is just that.
Critical Assumption #4 follows upon #3. The assumption is that these 14 pledged cargo
flights will operate with a 75% load factor. No proof of this is provided, except in the
circular logic that carriers wouldn't operate flights with a lower load factor and by
agreeing to offer flights, it must mean these carriers expect this load factor. Additional
proof and justification of these cargo volumes is required.
Critical Assumption #5 is that no shipper interviews and no detailed traffic flow studies
need to be conducted because everyone knows much air cargo is being trucked from San
Diego to LAX and this cargo logically would use Brown Field if/when developed.
What are or could be some reasons, besides those stated that cargo gets trucked to LAX?
One reason may be competition, in that multiple carriers often serve the same points and
offer shippers greater choice. Another might be schedules: British Airways for example
serves London with nonstops daily. Another reason might be capacity: Japan Airlines has
a daily 747 freighter. Another reason might be timing: the China Airlines combi aircraft
departs late enough to carry end-of-day shipments. Another reason could be geographic:
from North San Diego County it may take more time to get to LAX but, for a variety of
reasons it is not excessive considering other benefits. Another reason might be
concentration: a single truck driven once a day up and back from LAX can access over 80
different airlines, far more than at SAN.
The point is: without extensive and further study of the cargo market, commodities
shipped and reasons for choices made, one cannot assume a significant percentage of
presently trucked cargo will automatically divert to Brown Field.
Finally, there is the economic feasibility issue. Section 4-25 ofthe master plan study lists
a cost of$127 million excluding construction cost. Ifwe assume 280,000 sq. ft. of
building at $50 cost per sq. ft. this would add another $14 million for a total of$141
million.
Page 7-4 details a far more expensive plan estimated to cost $351.4 million, while page
7-6 has a $236 million figure.
7
Let us assume that indebtedness to build Brown Field full up is $200 million, excluding
grants, AlP financing and the like. Let us assume a 30-year life for all improvements, or
let us assume a 30-year repayment schedule at least. At a 7% interest, repaying principal
and interest on $200 million over 30 years will cost approximately $16 million per year.
The schedule is based on 14 daily operations increasing to 48 after 20 years.
Let us assume an average number of operations to be 34. This equals 17 landings daily.
Let us multiply 17 daily landings by 286 days per year, a figure used in the Master Plan.
17 x 286 = 4862 cargo aircraft landing per year.
$16 million annual cost + 4862 landings = landing fees of$329l per operation!
Note: these are not meant to be definitive statistics. They are illustrative and conjectural
only. Nonetheless they indicate that the large cost of converting Brown Field coupled
with the relatively small number of operations may result in higher than anticipated per
operation fees.
To the above exercise should be added the following caveats:
1. Rarely does any airport recapture its cost solely via landing fees. Nonetheless, even if
most costs are covered through land and building rents and concession fees, on a per
operation basis the equivalent cannot be called inexpensive. We suggest the airport
proponents provide more information on their cost and revenue projections.
2. There are other users and tenants at the airport that will help support the enterprise.
Agreed, although general aviation and current users contribute far less than $500,000
annually under current circumstances. And, even if, for example, a new customs
broker was enticed to the airport, on an equivalent basis, the development cost and
overhead per tenant are significant.
3. Much ofthe project could be financed by tax free bond issues. Possibly, however
these may have to be revenue bonds backed solely by project revenues. In this case
the interest rate paid may not be as favorable. We need to ascertain whether any
municipality's full faith and credit will be used to back these bonds.
4. No marketing or selling cost have been built in to this formula, as far as can be
determined.
5. No developer profit has been built in.
6. As the report itself notes, federal moneys, including grants and AlP funds cannot be
counted on either as to amount or timing.
8
What follows below are a serious of additional notes, questions and observations from
reading the three documents:
1. The EIR report, page 1-2, section 1.1.2 itself notes "The exact nature of project
development would depend on market needs during the next 20 years. These needs
are, to some extent unknown because the result from a unique situation.. .". While
this is a once-only remark, it does have meaning and adds to our remarks concerning
the need for added research.
2. The Master Plan at page 2-4 references 1800 cargo tons daily by 2016. Same source
at page 2-7 references 2359 daily tons.
3. The Master plans references 300 trucks daily which will drive cargo to Brown Field
instead of LAX. The effect on the Brown Field adjacent community and road system
may need to be further addressed
4. The Master Plan asserts only 5.5% of operations will occur between 2200-0700 hours
local. Considering Fed Ex and other operators often promise delivery before 10 am
and have hubs departing between 0000 and 0300 local this seems improbable.
5. The Master plan references a Manila cargo hub in the making. Further details are
requested.
6. The report references the need for an extended runway such that aircraft can fly
nonstop to such places as Seoul and Manila. Exhibit 3-5 on page 3-16 of the Master
plan demonstrate this is not possible for either point with a 75% weight load factor.
7. Assumptions for payload range charts in Section 3 are not given. Are performance
statistics for year round operation with 90% probability? What temperature and winds
are used? What fuel bum markup has been employed? Are individual carriers reserve
policies reflected or just ICAO standard?
8. The report places a great reliance on nonstop capabilities across the Pacific. Why not
just make a fuel stop with a shorter runway? An Anchorage fuel stop for cargo
operators has long been a standard procedure. Admittedly, nonstop is better but at
what cost in terms of lengthening the runway?
9. The Master Plan eliminates all alternative airports, such as SAN, March AFB, ONT
and TJU. We do not necessarily agree, as does the report that Brown Field is the only
viable solution.
10. The EIR report, at page 5.10-2 advises that the need for maquiladoras will lessen (as a
result ofNAFTA). Has this decreased need been properly recognized?
11. An employment figure of 12,000 is mentioned. This could produce 10,000 private
auto trips per day. Has the full impact been evaluated?
9
12. The Master Plan frequently references "state of the art" cargo facilities. Cargo
operations often require simply acres of concrete and a simple cross-dock warehouse
with truck loading docks. What are these "state of the art improvements' and define
how they will gain airlines.
13. Brown Field, it is said will offer "low fuel costs". Why will fuel costs be any less here
than anywhere else?
14. Section 2-15 indicates a major increase in air taxi growth not referenced anywhere in
the text. This needs explanation.
15. At under 900 acres, Brown Field is relatively small compared to some other airports.
For comparison purposes acreage at SAN, LAX, ONT and other airports would be
helpful
16. Table 7-4 of the Master Plan references a rental rate of$69,637 per acre. What is the
source of this estimate and justification for its use.
17. Same section details debt service of $5 million per year. Explain what is included
herein.
18. The expenditure figures III the Master Plan at page 4-25 and Table 7-1 on page 7-6 do
not match.
In summary, as indicated at the beginning, we believe the Brown Field Cargo Port
concept could work and most certainly will to some extent. But to suggest that all
questions have been answered by the three documents reviewed and that the project
should proceed forthwith would be, in our judgment premature based on results and data
disclosed to date.
In order to remove some of the uncertainties discussed herein, a four-part research project
as detailed on the pages following should be undertaken.
Added Research Efforts
As discussed in the report, added research is needed in four specific areas:
1. Cargo flows and origin. A comprehensive survey of major manufacturers would be
undertaken. This would be a sampling type report with a written questionnaire
followed by selected personal surveys. An attempt would be made to determine
product(s) manufactured, volume shipped by airfreight and of this volume how much
is trucked for air shipment to LAX versus SAN. For LAX oriented shippers, reasons
for so doing would be determined and the Brown Field concept would be introduced.
10
2. Air cargo operators need to be revisited and their forecasts and commitments re-
affirmed. Ideally a profit and loss statement should be provided them and a more
specific statement of intent should be attempted.
3. The entire project financing area needs to be revalidated. All revenue and cost
assumptions should be challenged and thoroughly reviewed or done on a zero-base
basis. The marketing plan for attracting tenants needs to also be examined.
4. Alternatives have to be reviewed. For example what is the situation regarding offset
air cargo space surrounding SAN. Is the airport capable of handling smaller aircraft
lesser distances. For example, does a FedEx MD-ll to Memphis work? If so, why is
this not now being done? What are LAX plans to accommodate future cargo growth?
It is estimated that the above studies would take between four man-months and a year to
accomplish.
11
II. A REVIEW OF THE TRAFFIC TECHNICAL STUDY FOR THE
BROWN FIELD AIRPORT MASTER PLAN
ENVffiONMENTAL IMPACT REPORT
SCH 97111029
SUMMARY
Katz, Okitsu & Associates was retained on behalf of the City of Chula Vista through
Aviation Systems Associates, Inc. to review the adequacy of the traffic technical study
contained in the Brown Field Environmental Impact Report. Our review was limited to
the technical study documents and the EIR circulated for public review. We understand
that City of San Diego Long Range Forecasting staff prepared travel demand models
based on SANDAG's regional process, and City Development Review staff reviewed and
guided the preparation of the study.
Our review found that the preparation of the traffic technical study followed generally
accepted procedures, and the document was internally consistent based on the spot
checks we performed using the same data reported in the document. However, we did
reach some conclusions about certain aspects of the study that concerned us given the
magnitude ofthe project and the location. The following items summarize our concerns:
. Much of the land uses in the master plan involve bringing truck traffic to the project,
but no special allowance was given to the special impacts that trucks would have
upon traffic, or could we determine where the trucks were quantified in the traffic
study.
. Guidelines established by SANDAG exist for determining the impact of the project
on the region's significant arterials and freeways. These guidelines help in
determining the limits and extent of roadways to be studied. The study area appears to
be constrained to a lesser size than these guidelines would normally require.
. The earliest of the time horizons analyzed have some unusually low project-only
traffic volumes on Otay Valley Road as compared to later years, especially near 1-
805.
. The buildout scenario analyzed in the traffic study uses full development assumptions
for Otay Mesa in the City of San Diego, but in adjacent areas the time horizon is
limited to the year 2015. This appears to result in "buildout" traffic volumes on Otay
Valley Road east of I-80S that are less than the City of Chula Vista reports for their
General Plan Circulation Element.
. The ability of the circulation system on Otay Mesa to handle the ultimate
development of the project is dependent on a number of improvements to the
12
circulation system. While these necessary improvements are described in the
document, and but for a limited number which the project directly causes congestion
issues, there is not interdependence or requirement described in the report to these
facilities. If the circulation improvements fail to materialize the project could still
proceed to full development irrespective of the availability of these facilities.
. Differing software versions appear to be used for calculating intersection congestion
which results in differing results.
BACKGROUND
Katz, Okitsu & Associates was requested to review the technical studies for the EIR,
particularly the traffic section, associated with the San Diego Air Commerce Center at
Brown Field Airport Master Plan, dated April, 1999. This technical study supporting the
environmental analysis and report was contained in Appendix 1, Volumes 1 through 3.
Volume 1 was the technical report and text while Volumes 2 and 3 contained the
calculations and technical support. Our work, together with your analysis shall allow the
City of Chula Vista, our ultimate client, to determine their position with respect to the
adequacy of the EIR.
The preparation of the traffic analysis involved two sections at the City of San Diego.
One of these sections, transportation planning, performed the computerized forecasts of
growth for the traffic throughout the area that were the basis of the study. The
development review staff of the City participated by reviewing and critiquing the work
with the authors before it was circulated to the public. As such, a fairly detailed internal
review process would typically have taken place between the City's consultants, Urban
Systems Associates, and staff.
EXTENT OF REVIEW
Our review was limited to the same documents available to any member of the public.
The EIR is supported by technical appendices, and one of these contain the traffic study
as prepared by the subconsultant, Urban Systems Associates. That document in turn has
technical appendices which were made available to us. The review conducted by Katz,
Okitsu & Associates focused on several elements as follows:
. What is the context for assumptions regarding growth and development in the study
area?
. Is the study area reasonably complete and sufficiently large in scope?
. Are generally accepted standards adhered to in the preparation of the study?
. Were reasonable assumptions made regarding technical parameters?
. Can the calculations of congestion and levels of service be verified by spot checking?
13
. Are the conclusions supported by the technical work?
. Have the necessary improvements to the circulation system been identified
adequately,
. and is their importance to supporting the project made clear?
FINDINGS AND DISCUSSION
Our review determined that several issues might be important to the City of Chula Vista.
They are discussed below.
Future Land Use Assumptions:
The future land use assumptions included in the City's model identified the horizon year
for the Otay Mesa area as "buildout" of the community while surrounding areas, such as
Otay Ranch, were limited to the year 2015. This is not highly unusual, and many studies
make a similar differentiation between the immediate community of interest wherein the
project is located and the rest of the region. SANDAG is the source for the Series 8, year
2015 assumptions since they provided the regional growth and socioeconomic data
(specifically, the trip files that result) to the City of San Diego. Whatever growth has
been "consumed" in the Otay Ranch and surrounding areas in Chula Vista by the year
2015 would define what was available in the City's model.
Even a cursory review of the "buildout" case in the technical studies we reviewed reveal
that Otay Valley Road is shown in the study we reviewed to have traffic volumes
substantially less than is expected in the City of Chula Vista's projections when full
development of Otay Ranch would occur.
Circulation Improvement Thresholds:
The development of the master plan is dependent on the availability of the many
circulation system improvements on Otay Mesa. The technical study addresses the type
of circulation improvement, the time of the need and who is responsible for each of the
significant circulation system improvements. However, there is no mechanism that we
recognized in the document that would limit the pace at which the project would develop
to the availability of these improvements. In essence, the project appears like it could
proceed to full development absent a requirement that any of the critical circulation
system improvements be in place. An example is I-90S and SR-125.
Truck Calculations
Much of the project appears to be related to intense truck terminal activity. The technical
study appears to simply generate traffic as vehicles and proceeds to use the resulting
project-associated traffic in all calculations as if it were automobiles rather than including
an allowance for the additional impact trucks create. It would be customary to factor the
truck quantities upward to allow for the additional effect upon congestion.
14
.
Study Area Size
Guidelines developed for use in the region by SANDAG require that all facilities in the
regionally significant arterial system or freeways be analyzed if they experience traffic in
excess of a minimum threshold due to the project. This requirement does not appear to be
followed regarding freeways, and possibly other facilities.
Consistency of Results
Traffic volumes resulting from the project on Otay Valley Road appear unusually low in
the early years of the project approaching 1-805 whereas the relative amount of traffic due
to the project is greater in subsequent scenarios. This appears inconsistent.
Calculation Methods
Differing versions of the software used for calculating intersection congestion and levels
of service appear to be incorporated in the document. As a result, the levels of delay can
differ and appear to do so when we attempted to replicate the results with a consistent
version. We would expect that all calculations use the same, current version ofthe
software.
This concludes our review. We appreciate the chance to work for the City of Chula Vista,
and we are available to review our comments with your staff at any time.
15
III. AIR TRAFFIC OVERVIEW - SAN DIEGO
AIR COMMERCE CENTER AT BROWN FIELD
The following is an overview of Air Traffic conditions which could impact aircraft
movements to or from the proposed Brown Field project. It is based upon on-site
observations and an analysis of air traffic flows and procedures and their relationship to
the operating proposals contained in the Airport Master Plan Study prepared by PB
Aviation, Inc., dated May 5, 1999. The collection of any commentary from Air Traffic
personnel at SO-CAL TRACON, which is the FAA facility responsible for operating the
Air Traffic system in the area, was denied by FAA management due to the apparent
political sensitivity which the proposal has generated.
A. Ooerating Conditions
The primary area of concern is a confined block of airspace surrounding
San Diego, California, approximately 35 miles wide (east to west), by 20
miles high (north to south). Within this area are 7 U.S. airports and one
Mexican airport, 5 civilian and 3 military.. The airports of most concern are
those nearest Brown Field. This includes Tijuana Airport directly south of
Brown Field across the border in Mexico, Imperial Beach NOLF located 7
miles west of Brown Field, North Island NAS located 14 miles northwest,
and San Diego Intl-Lindbergh Field located 15 miles northwest. Nearly all
of these airport areas overlap with adjacent fields or utilize flight paths that
conflict with the flight paths or routes to or from the other airports.
The border of Mexico and the presence of the Tijuana Airport just south of
Brown Field exerts serious restrictions on how traffic to Brown Field might
otherwise be handled. Large aircraft that would use runway 26R do not
have sufficient space on the U.S. side of the border to operate south of
Brown Field. In the past, efforts to negotiate with the Mexican Government
for a more coordinated or shared use of the airspace along the border have
been unsuccessful. Of equal importance is the proximity of the San Y sidro
Mountains which lie directly to the east of Brown Field and limit the
navigable airspace necessary for maneuvering large aircraft or for
developing instrument procedures to the preferred landing runway.
Weather conditions in the area usually favor visual (VFR) operations.
However, air carrier; air cargo; air taxi, and military flights generally
operate within the instrument (IFR) system to conduct their operations. The
Class B Airspace which encompasses most of the airports, requires some
level of positive control for almost all flights outside the immediate traffic
16
pattern of their respective airport. This puts added pressure on the control
facility .
Prevailing winds, primarily from the west at all the airports, favor
operations on parallel runways 26R\L at Brown Field. Since the proposal
suggests that all large aircraft land on runway 08L and depart on runway
26R, an opposite flow to nearly every airport is introduced. In other words,
when traffic is going from east to west at the other airports, arrivals at
Brown Field will be going from west to east. When traffic at the other
airports is departing from west to east, departures at Brown Field will be
going from east to west.
In addition, when easterly wind conditions exist, the usually higher wind
velocity could require significant downsizing of aircraft lift capacity to
accommodate a downwind takeoff on runway 26R. This of course equates
to less cargo moved and lower revenue. This would be especially true if the
runway lengthening of runway 08L/26R does not occur.
B. Opposing Operations
1. Brown Field (SDM)
a. Simultaneous opposite direction operations are not permitted by
FAA regulations at airports where parallel runways are less
than 1400 feet apart. This is to provide for adequate separation
in the event of such things as an aborted landing or go-around,
or any slight deviation from course that could result from cross
winds or pilot action. At Brown Field, the present runways are
525 feet apart. All operations on runway 26L, which is now
capable of handling most smaller general aviation aircraft,
would have to be suspended for a cargo aircraft landing on
runway 08L.
There is also the inherent risk of exposing the majority of
Brown Field users, the small private aircraft, to the threat of
wake turbulence from the large cargo aircraft with whom they
would be forced to share these close parallel runways. For
wake turbulence purposes, these runways are considered as one
runway where "Heavy" aircraft are operating. At least 2
minutes separation must be applied to aircraft operating behind
the "Heavy" in the same direction, or 3 minutes when operating
in opposite directions.
2. Imperial Beach NOLF (NRS)
17
a. Traffic at this facility would be drastically affected by large
aircraft executing approaches to Brown Field from the west.
The two instrument approach procedures presently in use at
NRS lie between the two airports. During a large aircraft
approach to Brown Field, these procedures to NRS would not
be usable for several minutes, or if in use, the large aircraft
would be delayed until the airspace was clear. These
procedures cannot be applied simultaneously.
3. North Island NAS (NZY)
a. The only precision approach to NZY is the Precision Approach
Radar to runway 29. The vector pattern to the final approach
course passes directly over NRS and through the proposed
approach and departure path to Brown Field. During periods of
heavy radar traffic to NZY, control of the "BOX", the vector
pattern, is released by the FAA TRACON controllers to the
controllers at NZY. This relieves some of the workload from
controllers at the FAA facility. This would not be possible if
conflicting cargo flights were passing through the "BOX"
aIrspace.
b. The TACAN Navaid approaches to runway 29 and runway 36
at NZY would also conflict with or delay any cargo flights to
Brown Field either arriving or departing since both would have
to cross the published T ACAN inbound courses.
c. The NASNI-TWO Standard Instrument Departure directs all
flights south of NZY and across the proposed arrival/departure
path to Brown Field. During climb-out, if the NZY departures
are held at a lower altitude for Brown Field traffic they become
a factor for traffic being directed to the instrument approaches
at NRS.
4. San Diego INTL-Lindbergh Field (SAN)
a. The BORDER FOUR Standard Instrument Departure off of
runway 27, directs flights southeast bound to a course opposite
the proposed cargo flight departure route from Brown Field.
This means it also overlies the proposed arrival route to Brown
Field. One operation or the other might encounter delays since
they can not occupy the same airspace simultaneously.
b. The BARET FOUR Standard Terminal Arrival Route directs
all turbojet aircraft inbound to SAN from the east over the
POGGI VORTAC (2.3NM north of Brown Field) descending
18
into the terminal airspace structure. Under normal westerly
landing conditions this route would have only minimal affect
on traffic operations at the Brown Field cargo complex.
However, during easterly landings, this procedure would place
this SAN flow into direct conflict with Brown Field cargo
operations.
5. Tijuana Airport (TIJ)
a. The routine traffic flow to this airport would have little affect
on cargo operations at Brown Field. However, as with SAN,
when landings are to the east, a direct conflict with Brown Field
cargo departures on runway 26R would result. East landings to
TIJ are controlled by the Mexican facility in U.S. airspace. The
approach course is directly over NRS and would be directly in
the path of any cargo departures. Lengthy delays to aircraft on
the ground could be expected due to the stratified traffic flow of
the BARET FOUR Arrival to SAN and the lower level
instrument approaches to Tijuana Airport which are passing in
opposite directions.
b. It may be possible to mitigate the problem of some opposite
direction Brown Field takeoffs during an east operation. The
easterly winds usually bring unlimited visibility. Applying
high takeoff minimums and a southeast course from runway
08L, cargo flights could depart under the control of Mexican
A TC until reaching an altitude that would permit transition to
their planned route. If this kind of operation could be
developed and negotiated with the Mexican Government it
would greatly facilitate aircraft movements by eliminating the
opposite direction flow.
C. Summary
1. Based on projections of the Airport Master Plan Study and the
Environmental Impact Report for the San Diego Air Commerce
Center At Brown Field, it is indicated that most cargo operations
would eventually be conducted during the hours of higher activity,
i.e., 7:00 AM to 7:00 PM, at all the airports surrounding Brown
Field. Even though initial plans call for a low number of daily
flights during the first few years of the plan, the more ambitious
numbers that would follow, would undoubtedly generate frequent,
possibly lengthy delays.
Air traffic delays are often the result of the work load associated
with the coordination between control position within one or more
19
't
air traffic facilities. The more complex the operation to be
coordinated, i.e., an aircraft operating "against the grain", the greater
the chance of delay.
The source of this complexity might be reduced if future military base closures or
consolidations removed one or more of the nearby facilities. Otherwise, this busy and
congested area will continue to challenge the resource of available airspace within which
the safe and efficient flow of air traffic must be maintained. If another diverse system of
flight requirements is introduced, it may result in derogating the system within this area.
20
v. COMMENTS ON NOISE PORTION OF EIR/EA FOR BROWN
FIELD
GENERAL
As a characterization, the noise portion of the EIR/EA for Brown Field and the
supporting Noise Technical Report (Appendix A) upon which the EIR/EA discussion is
based appear, at first glance, to be generally consistent with the normal practices for
airport environmental documentation. However, this is an inference requiring a "leap of
faith" because neither document provides basic information which would have been
necessary to develop the CNEL contours and impact calculations. For example, there are
no flight tracks shown in either document, nor are there any distributions of aircraft types
and number of operations or mode of operation and time of day by each aircraft type on
each flight track. The documents do provide runway usage but that is really not sufficient
to judge the reasonableness of the contours. The aforementioned data along with any
special profiles/procedures (e.g., noise abatement procedures) are necessary.
Although the EIR/EA presents the standard discussion of legal thresholds of impact it is
silent in two areas that are becoming increasingly important indicators of potential impact
to the communities around airports. First, there is no 55 dB CNEL contour. The EPA
has long advocated the 55 dB CNEL, instead of the 65 dB CNEL, as the threshold of
excessive noise for residential land uses and particularly so where the community is rural
or low-density residential in nature or the climate is such that outdoor activities or open-
window living are prevalent. Support is growing for the lower standard in the acoustical
community as can be seen in recent environmental documents for airport projects, and
professional groups such as the Federal Interagency Committee on Aircraft Noise
(FICAN). Also, many Airport Land Use Commissions around California are revising
their standards downward to 55 dB CNEL for residential land uses for this reason. With
the coming development of the Otay Ranch project, it would be rational to create a high
quality environment for this new millennium residential area and apply the lower noise
standard to ensure that outcome. Second, the EIR/EA does not present any information
on single event noise levels (SEL) and clearly there will be significant SELs generated by
the large cargo aircraft overflying Chula Vista residents. The authors of the EIR/EA
probably omitted such information because there are no legal standards for SELs,
however, in community after community across the nation, people keep complaining that
the SELs are what they hear and what annoy them rather than the time-averaged CNEL.
See the next section for suggestions to remedy this deficiency.
21
INFORMATION NECESSARY TO FULL Y UNDERSTAND THE POTENTIAL
IMPACTS ON CHULA VISTA RESIDENTS
The proponent should provide the following information in order for the decision-makers
in Chula Vista to fully understand the implications of the Brown Field proposal:
· Depiction of flight tracks used for the noise modeling and contour development
· Allocation of aircraft on flight tracks including aircraft types, number of operations,
time of day, etc.
· Description of any special profiles or procedures (e.g., noise abatement procedures)
used in the modeling
· Development of SELs for the various aircraft types assumed for the proposal
· Number of overflights and population affected at different SEL values
. Development of a 55 dB CNEL contour
· Annoyance analysis using the Schultz contour as modified by Feingold and Fidell
. Analysis of Speech Interference potential
. Analysis of Sleep Disturbance potential
22
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COUNCIL AGENDA STATEMENT
Item il
Meeting Date 8/31/99
ITEM TITLE:
Public Hearing Regarding the Declaration by the City Council Authorizing
the Annexation of Territory in the Future to an Existing Community
Facilities District.
Resolution of the City Council of the City of Chula Vista,
California, Acting in its Capacity as the Legislative Body of Community
Facilities District No. 99-1, Authorizing the Annexation of Territory in
the Future to an Existing Community Facilities District
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manage~~ ~ (4/5ths Vote: Yes_NoXl
On July 13, 1999, Council approved the Resolution of Intention to Annex Territory in the future
to Community Facilities District No. 99-1 and set the public hearing for August 17, 1999. There
are no new facilities proposed to be provided for the Future Annexation Area. Community
Facilities District No. 99-1 is funding the construction of public facilities serving the Otay Ranch
SPA One, Portions of Village One, Village Five and Village One West. Tonight's action will
conclude the formal proceedings declaring intention to annex territory in the future to Community
Facilities District No. 99-1.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council:
. Open the Hearing, take public testimony, close the public hearing;
. Approve the Resolution (A) authorizing the annexation of territory in the future to an
existing Community Facilities District.
DISCUSSION:
Background
The public hearing is for the purpose of authorizing the annexation of property in the future to an
existing Community Facilities District. Several Parcels in Villages Five and One West, not
currently owned by the developer (see attachment 1) are not within the boundaries of CFD 99-1.
Tonight, Council will be authorizing "Annexation in the Future" of these parcels. This will
conclude the legal authorization to annex such parcels at some future date upon the consent of the
owner of such property given at the time of annexation and without the necessity of a formal
election. By approving the proposed resolution, Council will provide for the annexation of this
property in the future. Such parcels may then be annexed at some future date upon receipt of the
written consent of the owners and the recordation of an amended boundary map and amended
notice of special tax lien. The annexed parcels will be subject, upon annexation, to the same
maximum tax rates and provisions of CFD 99-1. / 7 ./ /
Page 2, Item
Meeting Date 8/31/99
Public Hearing and Resolutions
There is one resolution on today's agenda, which, if adopted after the public hearing, will
accomplish the following:
THE RESOLUTION AUTHORIZING THE ANNEXATION OF TERRITORY IN THE
FUTURE is the jurisdictional resolution authorizing the City Council to annex territories in
the future to CFD 99-1.
Notice
All property owners within the future annexation territory have been notified through the mail
as well as published notice in the Star News.
Future Action
After the owners of parcels subject to future annexation give their consent to such annexation,
the parcels may be annexed to the district.
FISCAL IMPACT:
None, the developer will pay all costs and has deposited money to fund initial consultant costs,
and City costs in accordance with the approved Reimbursement Agreement. The City will receive
the benefit of the full cost of recovery for staff time involved in district formation (estimated at
$40,000) and administration activities. Staff anticipates that most of the CFD 99-1 administration
will be contracted out. The CFD administration cost is estimated at $125,000 annually during
buildout, and $75,000 annually thereafter.
In accordance with the CFD Policy, as consideration for the City's agreement to use the City's
bonding capacity to provide the financing mechanism for the construction of the proposed
improvements, the developer will pay one percent (1 %) of the total bond authorization. Said
requirement will be memorialized in the Acquisition/Financing Agreement that will be brought
to Council at a later date. Based on a bond sale amount of $41.6 million, said monetary
compensation would be $416,000. Said amount shall be paid prior to bond sale (scheduled for
September 1999) and will be deposited into the General Fund. The CFD Policy also stipulates
that said compensation is not eligible for financing by CFD 99-1.
H:\HOME\ENGINEER\AGENDA \ANNEXB.doc
17--2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA,
CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY
OF COMMUNITY FACILITIES DISTRICT NO. 99-1, AUTHORIZING THE
ANNEXA TION OF TERRITORY IN THE FUTURE TO SUCH COMMUNITY
FACILITIES DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the
"City Council"), has declared its intention, conducted proceedings and held a public hearing
relating to the authorization to annex territory in the future to a community facilities district
pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982",
being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California,
and specifically Article 3.5 thereof. The existing Community Facilities District is designated as
COMMUNITY FACILITIES DISTRICT NO. 99-1 (the "District"); and,
WHEREAS, it has now been determined to be within the best public interest and
convenience to establish a procedure to allow and provide for future annexations to the District
and further to specify the amount of special taxes that would be levied in any territory subject to
future annexation, as well as setting forth the terms and conditions for certification of any
annexation in the future; and,
WHEREAS, the territory proposed to be annexed in the future shall be known and
designated as COMMUNITY FACILITIES DISTRICT NO. 99-1 (FUTURE ANNEXATION
AREA) (the "Future Annexation Area"), and a map showing the territory in the Future
Annexation Area has been submitted and previously approved and a copy of said map is and shall
be kept on file with the transcript of these proceedings; and,
WHEREAS, it has now been further determined that written protests have not been
received representing a majority protest against the future annexation proceedings.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECIT ALS
SECTION 1. The above recitals are all true and correct.
ANNEXATION AUTHORITY
SECTION 2. This legislative body does hereby authorize the annexation of the Future
Annexation Area in the future pursuant to the provisions and authorization of Section 53339.7 of
the Government Code of the State of California.
PUBLIC CONVENIENCE AND NECESSITY
/7~3
SECTION 3. This legislative body hereby determines that the public convenience and necessity
requires a procedure to allow and authorize the Future Annexation Area to be annexed in the
future to the District in order to pay the costs and expenses for the required and authorized public
facilities.
BOUNDARIES
SECTION 4. A description of the boundaries and territory proposed to be annexed in the future
is as follows:
All that property and territory within the Future Annexation Area proposed to be
annexed in the future to the District, as said property is shown on a map as
previously approved by this legislative body, said map identified by the name of
the District and further designated as the Future Annexation Area, a copy of which
is on file in the Office of the City Clerk and shall remain open for public
inspection.
NAME OF DISTRICT
SECTION 5. The name of the District is COMMUNITY FACILITIES DISTRICT NO. 99-1,
and the designation for the Future Annexation Area shall be COMMUNITY FACILITIES
DISTRICT NO 99-1 (FUTURE ANNEXATION AREA).
FACILITIES
SECTION 6. A general description of the public facilities which this legislative body is
authorized by law to construct, own or operation, which are the facilities to be financed by the
District are generally described in Exhibit A attached hereto and incorporated herein by this
reference.
No additional facilities will be necessary or provided in the Future Annexation Area and
the facilities as described for the District will serve the properties within the Future Annexation
Area.
SPECIAL TAXES
SECTION 7. It is the intention of this legislative body that, except where funds are
otherwise available, a special tax sufficient to pay for said facilities to be provided in the District
and the Future Annexation Area, secured by recordation of a continuing lien against all non-
exempt real property in the Future Annexation Area, will be levied annually within the boundaries
of the Future Annexation Area from and after the annexation of such property to the District. The
special taxes shall be those as originally authorized through the formation of the District and
adopted by Ordinance of this legislative body, and no changes or modifications are proposed in
the special taxes from those as originally set forth and made applicable to the District.
/7--1
For particulars as to the rate and method of apportionment of the proposed special tax (the
"Special Tax Formula"), reference is made to the attached and incorporated Exhibit "B", which
sets forth in sufficient detail the method of apportionment to allow each landowner or resident
within the Future Annexation Area to clearly estimate the maximum annual amount that said
person will have to pay on said special tax.
This legislative body further authorizes that special taxes may be prepaid and satisfied by
payment of the prepayment amount calculated pursuant to the Special Tax Formula.
The special taxes, to the extent possible, shall be collected in the same manner as ad
valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority
in any case of delinquency as applicable for ad valorem taxes; provided, however, the District
may utilize a direct billing procedure for any special taxes that cannot be collected on the County
tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different
manner if necessary to meet its financial obligations.
ANNEXATION EFFECTIVE DATE
SECTION 8. Annexation of property in the future shall be effective only with the unanimous
approval of the owner or owners of each parcel or parcels at the time that any parcel is proposed
for annexation. Upon receipt of the written consent, no further public hearings or additional
election proceedings will be required.
VALIDITY OF PROCEEDINGS
SECTION 9. It is hereby further determined by this legislative body that all annexation
proceedings hereto were valid and in conformity with the requirements of law, and specifically
the provisions of the "Mello-Roos Community Facilities Act of 1982".
NOTICE
SECTION 10. Immediately upon the receipt of a property owner consent and the certification of
the annexation proceedings and approval of such annexation by the City Council, a notice of the
annexation shall be recorded in the Office of the County Recorder as required by Section 53339.8
of the Government Code of the State of California.
PREPARED BY:
APPROVED AS TO FORM BY:
John P. Lippitt
Director of Public Works
(~~N~
John Kaheny
City Attorney
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COUNCIL AGE:KDA STATEIVfE:KT
Item
Meeting Date 8/31/99
SUBMITTED BY:
Resolution Accepting bids and awarding contract for the
installation of traffic signal system at Paseo Ranchero and East "J" Street
(TF-270) to DB X, Inc., and appropriating funds of $83,000.00 from the
unappropriated balance of the Traffic Signal Fund
Director of Public Works ~ !J r
~ ~
City Manager (4/5ths Vote: YesXNo_)
ITEM TITLE:
REVIEWED BY:
On August 3, 1999, the Director of Public works received sealed bids from four (4) electrical
contractors for the installation of traffic signal system at Paseo Ranchero and East "J" Street (TF-
270). DBX, Inc., submitted a low bid of$75,245.00.
RECOMMENDATION: That Council approve the resolution for accepting bids and awarding
contract for the installation of traffic signal system at Paseo Ranchero and East "J" Street (TF-270)
to DB X, Inc., and appropriating funds of$83,000.00 from the unappropriated balance of the Traffic
Signal Fund.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On August 3, 1999, Traffic Engineering staff opened bids from four (4) electrical contractors to
install a new traffic signal system at Paseo Ranchero and East "J" Street (TF-270). The signal
installation project was approved in the City's Capital Improvement Program for 1999-2000. The
work to be done includes installation of a new traffic signal system with EVPE system, installation
of new City-furnished traffic signal standards, controller and cabinet, removal and salvaging an
existing street light, and restoration of existing improvements.
Because of the long lead-time required for procurement of traffic signal equipment and testing of
traffic signal controllers and cabinets, the City has purchased and will furnish said equipment for this
project instead of the prospective contractor. The average equipment delivery time is about 90 days,
while traffic signal construction projects are usually completed within 45 working days or about 60
calendar days. In the past, if the equipment was not tested and was not available for installation, the
City would furnish the contractor a spare controller in the interim until City testing of the new
controller was complete. However, this practice has the potential to affect staff's ability to complete
emergency repair. Therefore, the equipment is purchased by the City and tested in advance of award
of contracts for the installation of new traffic signals without delays. The equipment is anticipated
to be on the job site in time to meet the contractor's schedules as well as the City's schedule.
(' /
/1 _ /
,i/
Page 2, Item
Meeting Date 8/31/99
The bids received were as followed:
Contractor
Bid Amount
1. DBX, Inc.
2. Lekos Electric, Inc.
3. Knox Electric, Inc.
4. T&M Electric dba Perry Electric
$75,245.00
$79,015.00
$81,548.00
$84,800.00
The low bid amount of $75,245, which was received from DBX, Inc., is 16.4% lower than the
engineer's cost estimate of $90,000. The engineer's cost estimate was obtained by using average
unit prices from previous projects with a similar scope of work.
The total project cost is $142,200 which includes the bid amount of$75,245; $18,000 for design,
inspection and administration; $30,055 for purchase of traffic control cabinet, mast arms, Emergency
Vehicle Preemption System, internally illuminated street name signs, 250W HPSV luminaries and
traffic signal standards; and $18,900 for contingencies (15%).
In response to the two Districts' requests, a traffic signal warrant study for the subject intersection
was conducted in October 1998. The intersection received a total of 55 points out of the possible
100 points, and was ranked first on the "Traffic Signal Priority List" for 1999. This was different
from the previous year's study (1998 list) where the intersection received only 16 points and was
ranked ninth in a list of 11 intersections. The significant increase from 16 points to 55 points was
directly attributed to the presence of the two schools. Without them, the intersection would still have
ranked low on the priority list.
In the meantime, however, in order to facilitate good relations with the School Districts and to
further expedite the construction of the project, the entire cost of the project will be covered by the
Traffic Signal Fund. An additional $83,000 from the Traffic Signal Fund will be required to
complete the project before the end of the year. With the completion ofthe project, the City will
pursue requesting the two school Districts to reimburse the City for their share of the construction
costs at a later date as determined by the City Manager's office.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project and
determined that the project is exempt for CEQA under both CEQA Guidelines. Section 15061(b) (3)
and Section 15303, Class 3 (new construction or conversion of small structures).
Disclosure Statement
A copy of the Contractor's disclosure statement is attached as Exhibit "B".
/ J'~ ).
Page 3, Item
Meeting Date 8/31/99
Prevailin~ Wa~e Statement
The source of funding for this project is the Traffic Signal Fund. Contractors bidding this project
were not required to bid based on paying prevailing wages to persons employed by them for the
work under this contract. No special minority or woman-owned business requirements were
necessary for this project. Disadvantaged businesses were encouraged to bid through the sending
of the Notice to Contractors to various minority trade publications.
Form of A~reement
The contract will be let on the City's standard Public Works Contract form. The City Attorney will
approve the final form of the contract.
FISCAL IMP ACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount
B. City-Purchased Equipment (Controller, Standards &EVPE System)
C. Design, Inspection, and Administration (approx. 25%)
D. Contingencies (approx. 15% of items A, B, & C)
$75,245.00
$30,055.00
$18,000.00
$18,900.00
Total
$142,200.00 I
If ~ 3
Page 4, Item
Meeting Date 8/31/99
FUNDS AVAILABLE FOR CONSTRUCTION
A. Traffic Signal Fund (Project TF270 [2450270225])
FUNDS NEEDED FOR APPROPRIATION
$59,200.00
B. Additional appropriation from the unappropriated balance of the
Traffic Signal Fund
$83,000.00
Total
$142,200.00 I
The CIP budget only included an estimated one-third share of City funds of $59,200. Based on the
actual bids an additional $83,000 must be appropriated.
There is an additional annual energy and maintenance cost of $3,500 associated with this project
over what is currently being paid.
Attachments:
Exhibit A-CIP DETAIL SHEET
Exhibit B- CONTRACTORS DISCLOSURE STATEMENT
H:\HOME\ENGINEER\AGENDA \TF270.MA
/?-v
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE INSTALLATION OF TRAFFIC
SIGNAL SYSTEM AT PASEO RANCHERO AND EAST "J"
STREET (TF-270) TO DBX, INC., AND
APPROPRIATING FUNDS OF $83,000 FROM THE
UNAPPROPRIATED BALANCE OF THE TRAFFIC SIGNAL
FUND
WHEREAS, on August 3, 1999, the Director of Public Works
received the following four sealed bids from electrical contractors
for the installation of traffic signal system at Paseo Ranchero and
East "J" Street (TF-270):
Contractor
Bid Amount
1 . DBX, Inc.
2. Lekos Electric, Inc.
3. Knox Electric, Inc.
4. T&M Electric dba Perry Electric
$75,245.00
$79,015.00
$81,548.00
$84,800.00
WHEREAS, the
received from DBX, Inc.,
estimate of $90,000; and
low bid amount of $75,245, which was
is 16.4% lower than the engineer's cost
WHEREAS, the total project cost is $142,200 which
includes the bid amount of $75,245; $18,000 for design, inspection
and administration; $30,055 for purchase of traffic control
cabinet, mast arms, Emergency Vehicle Preemption System, internally
illuminated street name signs, 250W HPSV luminaries and traffic
signal standards; and $18,900 for contingencies (15%); and
WHEREAS, the approved CIP budget for the proj ect is
$179,000, which includes requested funds of $120,300 from the Chula
vista Elementary School District and the Sweetwater Union High
School District for their share (two-thirds) of the estimated
construction cost, since the two Districts have been requesting the
installation of such traffic signal; and
WHEREAS, the City's Environmental Review Coordinator has
reviewed the work involved in this project and determined that the
proj ect is exempt for CEQA under both CEQA Guidelines. Section
15061 (b) (3) and Section 15303, Class 3 (new construction or
conversion of small structures); and
1
/?~
WHEREAS, the source of funding for this project is the
Traffic Signal Fund and contractors bidding this project were not
required to bid based on paying prevailing wages to persons
employed by them for the work under this contract; and
WHEREAS, no special minority or woman-owned business
requirements were necessary for this project, however,
disadvantaged businesses were encouraged to bid through the
sending of the Notice to Contractors to various minority trade
publications.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City
of Chula Vista does hereby accept the four bids and award the
contract for the installation of traffic signal system at Paseo
Ranchero and East "J" Street (TF-270) to DBX, Inc. in the amount
of $75,245.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula
Vista is hereby authorized and directed to execute said contract
on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the amount of $83,000 is hereby
appropriated from the unappropriated balance of the Traffic
Signal Fund.
Presented by
Approved as to form by
ill
John P. Lippitt, Director of
Public Works
H:\home\attorney\reso\TF270
2
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LIJ
TIlE 1'Y OF CHULA VISTA DISCLOSURE ST,
MENT
You are required to flle a Statement of Disclosure of certain ownership or fmancial interests, payments, or campaign contributions, on
all matters which will require dis~retionary action on the part of the City Council, Planning Commission, and all other official bodies.
The following information must be disclosed: _
1. List the names of all persons having a fmancial interest in the property which is the subject of the application or the Contract,
e.g., owner, applicant, Contractor, subcontractor, material supplier.
\" *< M liDUl'ot:~ h~c:.. ~ErCl. ~1Ul.~ E.\.Iirct'tt\c:....
2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals owning more
than 10% of the shares in the corporation or owning any partnership interest in the partnership.
\OOD ~fU.1 ' ~a;\I)eN'l
\\)~fet" f>eczax . 5car tlm11ow<<.'t /~R...
I
3. If any person * identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
~o~er
4.
Have you had more than $250 worth of business transacted with any ~ber of the City staff, Boards, Commissions,
Committees, and Council within the past twelve month? Yes _ No ~Ifyes, please indicate person(s):
5.
Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have
assigned to represent you before the City in this matter.
NO~E
6.
Have you and/or your officers or agents, in the ~egate, contributed more than $1,000 to a Council member in the current
or preceding election period? Yes _ No .0[o;;s, state which Council members(s):
Date:
2>/~J "
I &.
\.\.O~ ~1U2.'t
Print or type name of Contractor! Applicant
* &r.wD. is defined as: "Any individual. finn. co-partnership. joint venture. association. social club. fraternal organization, corporation.
estate. trust, receiver. syndicate. this and any other county, city or country. city municipality. district. or other political subdivision.
or any other group or combination acting as a unit.
EXHIBIT
B
17
/~/y
COUN.CIL AGENDA STATEMENT
. .'
If
Item /
Meeting Date 8/31/99
ITEM TITLE: A) Resolution Approving the Final "B" Map for Chula
Vista Tract No. 96-04, Otay Ranch SPA One, Village 5, Unit 1
(Portions of Neighborhoods R-34, R-36, R-37, and R-38), Accepting
on Behalf of the City of Chula Vista the Assignable and Irrevocable
General Utility and Access Easements, the Drainage Easement, and
the Pedestrian Access Easement on Said Maps within Said
Subdivision, Acknowledging on Behalf of the Public the Irrevocable
Offer of Dedication of Fee Interest of designated land for public open
space purposes, and Approving the "B" Map Subdivision
Improvement Agreement and authorizing the Mayor to Execute Said
Agreement.
B) Resolution Approving the Supplemental Subdivision
Improvement Agreement associated with the first final "B" Map for
Chula Vista Tract No. 96-04, Otay Ranch SPA One, Village 5, Unit
I and authorizing the Mayor to Execute Said Agreement.
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manag~ ~ ~ (4/Sths Vote: Yes_NoX)
Tonight, Council will consider the approval of the Final "B" Map for Unit 1 of Otay Ranch,
Village 5 (CVT 96-04) and the associated agreements. On April 20, 1999, Council approved the
"Agreement For Financing And Construction Of Olympic Parkway And Related Roadway
Improvements" . The approval of the subject Final Map is consistent with the cumulative
equivalent dwelling units threshold established by said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council approve the Resolutions: (A) approving the Final "B"
Map and the "B" Map Subdivision Improvement Agreement; and (B) approving the Supplemental
Subdivision Improvement Agreement associated with the first Final "B" Map for Village 5 Unit
1 of the Otay Ranch Project.
DISCUSSION:
On November 19, 1996, by Resolution No. 18398, Council approved the tentative map for Otay
Ranch, Village 1 and a portion of Village 5 (CVT 96-04). One of the conditions of the tentative
map required filing of an "A" map creating "superblock" lots prior to approval of any map
creating individual residential lots. On August 4, 1998, by Resolution Nos. 19124 and 19125,
Council approved the first Otay Ranch Village Five "A" Map and associated Supplemental
Subdivision Improvement Agreement ("A" Map SSIA). The Final "A" Map created the
/5'_/
Page 2, Item
Meeting Date 8/31/99
ofthe Tentative Map) and one remainder lot. The "A" Map SSIA satisfied several conditions of
approval associated with filing of that "A" Map.
The map for Unit 1, being considered tonight, is the first "B" map in Village 5 creating the
individual residential lots. Certain tentative map conditions are triggered with the first "B" map
necessitating execution of a "B" Map Supplemental Subdivision Improvement Agreement to
satisfy the conditions.
Final Maps and Subdivision Improvement Al:reement
The land to be subdivided by the fmal map for Unit 1 of Dtay Ranch Village 5 is generally locate d
south of Otay Lakes Road across from the Telegraph Canyon Estates subdivision and west of
Eastlake Greens and the proposed SR-125 route. The final map consists of the following:
Unit 1
17
None
10.364
Unit 1 of Otay Ranch Village 5 consists of 17 single family lots, 2 private street lots, 4 private
open space lots totaling 1.712 acres, and one private park lot totaling 1.303 acres. The private
lots will be maintained by a Homeowner's Association. A plat and location map of the
subdivision are attached herewith as Attachment 1.
The final map for the subdivision has been reviewed by the Departments of Public Works and
Planning and Building and have been found to be in substantial conformance with the approved
Tentative Map. Approval of the map and associated subdivision improvement agreement
constitutes acceptance by the City of all assignable and irrevocable general access and utility
easements, drainage easements, and trail access easements.
In addition, approval of this map constitutes acknowledgment of the Irrevocable Offer of the Grant
of Fee Interest of open space Lot" A". Said open space lot, which includes enhanced landscaping
at the entry of the project, remains in private property and will be maintained by the Master
Homeowner's Association. Under Section 7050 of the Government Code, said offer will remain
open and may be accepted in the future by the City.
All streets within the subdivisions are private and will also be maintained by the Master
Homeowners' Association.
The developer has also executed the Subdivision Improvement Agreement for the map and has
provided bonds to guarantee construction of the required public improvements and to guarantee
the subdivision monumentation. The Subdivision Improvement Agreement and bonds are on file
in the office of the City Clerk.
/9-~
Page 3, Item
Meeting Date 8/31/99
Final Map Conditions/Supplemental Subdivision Improvement Agreement
This is the first "B" Map within Otay Ranch Village 5. A number of Tentative Map and "A"
Map SSIA conditions are triggered specifically by the first "B" Map. In addition, fees and/or
cash deposits specific to the "B" map have been collected in satisfaction of various Tentative Map
conditions of approval. A Supplemental Subdivision Improvement Agreement has also been
executed by the Developer addressing conditions that must continue to run with the land covered
by Unit 1. The conditions of approval for this final map is presented in Attachment 4. The
conditions that are satisfied by the "B" Map SSIA are as follows: Nos. 1,3,4, 5, 8, 9, 10, 11,
27,31,36,37,52,64, 82(b), 82(b)(3), 83(c)-(t), 86(c), 87,89,91,93,95,103 (a)-(t), 104, 108,
109, 114, 120, 122, 137, 138, 142, 147 and 152.
The Developer has bonded for and agrees to complete all on-site street improvements required for
the approval of this "B" Map within two years following map approval, or sooner if construction
permits for the required improvements have been issued. The construction and bonding of all off-
site street improvements required to serve Unit 1 has been addressed in the Olympic Parkway
Agreement.
All other applicable tentative map conditions have been met.
Otay Water District Access
During the past nine months, the City, Otay Water District (OWD), and Otay Ranch Company
have been reviewing access to one of OWD's parcels which is bounded by Otay Ranch's Village
5 project. OWD's parcel, initially planned as a reservoir site, is likely not needed for that
purpose as a result of agreements with "neighboring" agencies. In anticipation of future
development of the parcel, OWD requested that the City consider access needs for this parcel
should it be developed to residential uses instead. Providing residential street access through
Village 5, Unit 1 and Village 5, Phase 2 to the OWD parcel is complicated by the fact that the
Village 5 streets are all private and the cost of maintenance will be borne by the Homeowner's
Association. The OWD parcel is not part of Village 5's SPA plan, nor is it a part of Otay
Ranch's Village 5 Homeowner's Association.
Although there is no final resolution to OWD's request, the City has the obligation to bring
Village 5, Unit 1 final map forward for Council's consideration. The developer has met the
conditions of the [mal map and has provided for sufficient access to the OWD parcel for its Publi c
and Quasi-Public use designation shown on the General Plan. Should OWD pursue a General
Plan Amendment to allow a residential land use of the parcel, then provision for additional access
will be addressed at that time. The City has suggested to OWD that they contact Otay Ranch
Company for further discussion in the meantime.
OWD has been sent notice of tonight's meeting.
/7:J
Page 4, Item
Meeting Date 8/31/99
Miscellaneous
The Minutes of the 11/19/96 and 8/4/98 Council meetings and the Developer's disclosure
statement are attached as Attachments 2 and 3, respectively.
FISCAL IMPACT: All costs associated with the proposed "B" Map and all Agreements
associated therewith are recovered in accordance with the Development Agreement for Otay
Ranch.
Attachment 1: Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5, Unit 1
Attachment 2: Minutes of 11/19/96 (Res. No. 18398) and 8/4/98 (Res. No. 19124)
Attachment 3: Developer's Disclosure Statement
Attachment 4: Tentative Map Conditions of Approval
H:\HOME\ENGINEER\AGENDA \ORV5UlRE.DDS
File No. 0600-80-0R1l4F
/9--1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL "B" MAP FOR
CHULA VISTA TRACT 96-04, OTAY RANCH SPA ONE,
VILLAGE 5, UNIT 1 (PORTIONS OF NEIGHBORHOOD R-
34, R-36, R-37, AND R-38), ACCEPTING ON BEHALF
OF THE CITY OF CHULA VISTA THE ASSIGNABLE AND
IRREVOCABLE GENERAL UTILITY AND ACCESS
EASEMENTS, THE DRAINAGE EASEMENT, AND
PEDESTRIAN ACCESS EASEMENT ON SAID MAP WITHIN
SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF
THE PUBLIC THE IRREVOCABLE OFFER OF DEDICATION
OF FEE INTEREST OF DESIGNATED LAND FOR PUBLIC
OPEN SPACE PURPOSES, AND APPROVING THE "B" MAP
SUBDIVISION IMPROVEMENT AGREEMENT, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 96-04, OTAY RANCH VILLAGE 5, UNIT 1, and
more particularly described as follows:
Being a Subdivision of Lots 1, 6, 8, 11 and Lot "A" of
Otay Ranch Village 5 "A" Map No.1, Chula vista Tract No.
96-04, as shown on Map No. 13615, 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 on
August 12, 1998.
Area: 10.364 acres
Numbered Lots: 17
No. of Lots: 24
Lettered Lots: 7
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 City of Chula vista the pedestrian access easement
as shown on said map within said subdivison.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula vista the drainage easement as shown
on said map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby
acknowledges on behalf of the City of Chula vista the Irrevocable
Offer of Dedication of the Fee Interest of Lot A for open space and
other public purposes.
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BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the Assignable and Irrevocable General
utility and Access Easements, all as shown on said map within this
subdivison.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that the Irrevocable Offer of
Dedication of the fee interest of said lots be acknowledged, and
that those certain Assignable and Irrevocable General utility and
Access Easements, and the pedestrian access easement, and the
drainage easement 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 that that certain Subdivision
Improvement Agreement dated the day of , 1999, for
the completion of improvements in said subdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~<~
Joh . Kaheny, Clt
Attorney
H,\home\attorney\reso\villageS.l
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and OTAY PROJECT,
LLC, a California Limited Liability Company, 350 West Ash Street,
suite 730, San Diego, CA 92101, and OTAY RANCH V, LLC, a Delaware
Limited Liability Company, 3820 Valley Centre Drive, San Diego, CA
92130, hereinafter called "Subdivider" with reference to the facts
set forth below, which Recitals constitute a part of this
Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as Otay
Ranch Village 5, Unit No. I, (Portion of R-34, R-36, R-37 and R-
38), CVT 96-04 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 al ternati ve 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
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land development work required in said subdivision within a
definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public
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 Nos. 18398 and 18613 approved on the 19th
day of November, 1996 and the 25th day of March, 1997, respectively
("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. 98-903 through 98-883A, Band C 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 One Million Two
Hundred Fifty Two Thousand Dollars and No Cents ($1,252,000).
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, including the improvements described in
the above Recitals (" 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 as
described in the above Recitals this reference are incorporated
herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
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3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula vista, and the laws of the state of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Six Hundred Twenty six Thousand Dollars and No Cents ($626,000)
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 six Hundred Twenty Six Thousand Dollars and No Cents ($626,000)
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, a cash bond in the sum of Two Thousand Six Hundred
Dollars and No Cents ($2,600) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C"
and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
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improvement securities may be used by City for the completion of
the Improvement Work within. said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for paYment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
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.
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13. Indemnification. Developer further understands and
agrees that City, (as "Indemnitee") or any officer or employee
thereof, shall not be liable for any bodily inj ury, death, or
property damage, including thereto hazardous materials and property
takings claims occasioned by reason of the acts omissions of
Developer, its subcontractors or suppliers, its agents or
employees, or Indemnitee (which are not the result of Indemnitee's
sole negligence or willful misconduct), related to the construction
of the street Improvements. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee, its officers and
employees, harmless from any and all claims, demands, causes of
action, liability, costs and expense (including without limitation,
reasonable attorney's fees) or loss for bodily injury, death or
property damages, including thereto hazardous materials and
property takings claims because of or arising out of Developer's
construction of the street Improvements or the acts or omissions of
Developer, its subcontractors or suppliers, its agents or
employees, or Indemnitee, related thereto; provided, however, that
Developer shall have no obligation to indemnify, defend, protect or
hold Indemnitee or any officer or employee thereof harmless from
any such losses, claims, demands, causes of action, liability,
damages, costs or expenses which arise out of the sole negligence
or willful misconduct of the Indemnitee or any officer or employee
thereof. Developer further agrees to defend, indemnify, protect
and hold the Indemnitee, its officers and employees, harmless from
any and all claims, demands, causes of action, liability, cost and
expense (including without limitation, reasonable attorney's fees)
made or incurred by such third parties pursuant to or arising out
of contracts entered into by such third parties with or on behalf
of Developer or its successors, assigns or agents concerning
construction of the Street Improvements provided, however, that
Developer shall have no obligation to indemnify, defend or hold
Indemnitee or any officer or employee thereof harmless from any
such losses, claims, demands, damages, causes of action, liability,
costs and expenses to the extent that they have arisen due to the
sole negligence or willful misconduct of Indemnitee or any officer
or employee thereof. The improvement securities referred to above
shall not cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extent to
damages to adj acent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of construction of the Street 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 construction of the Street
Improvements. The approval of plans for the Street Improvements
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 said work and related improvements. The
provisions of this paragraph shall become effective upon the
execution of this Agreement and shall remain in full force and
5
JC;/J~ ?
effect for ten (10) years following the acceptance by the City of
the Street Improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
(NEXT PAGE IS SIGNATURE PAGE)
6
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SIGNATURE PAGE TO
SUBDIVISION lMPROVEMENT AGREEMENT
OTAY RANCH VILLAGE 5, UNIT NO. 1
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
OTAY PROJECT, LLC, a California
Limited Liability Company
Mayor of the City of Chula
vista
By: Otay Ranch Development, LLC,
a Delaware Limited Liability
Company Authorized Member
City Clerk
BY~
.. ~~
vice President
ATTEST
Approved as to form by
~~<~
City rney
OTAY RANCH V, LLC, a Delaware
Limited Liability Company
By,~~jj~ (1~
Ronald J. aldwin
Vice President
(Attach Notary Acknowledgment)
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"
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form:
Bond
Amount:
$626,000
Exhibit "B"
Improvement Security - Material and Labor:
Form:
Bond
Amount:
$626,000
Exhibit "C"
Improvement Security - Monuments:
Form:
Bond
Amount:
$2,600
Securities approved as to form and amount by
(j~:~
/ City Attorney
Improvement Completion Date:
Two (2) years from date of City
Council approval of the Subdivision
Improvement Agreement
H:\Home\Attorney\SIA\Village5,1
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT ASSOCIATED WITH THE
FIRST FINAL "B" MAP FOR CHULA VISTA TRACT NO.
96-04, OTAY RANCH SPA ONE, VILLAGE 5, UNIT I,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the developer for the Final "B" Map for unit 1
of Otay Ranch, village 5, Chula vista Tract NO. 96-04, has executed
a Supplemental Subdivision Improvement Agreement (SSIA) in order to
satisfy Conditions of Resolution No. 18398 for Chula vista Tract
96-04.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement associated with the Final "B" Map
for unit 1 of Otay Ranch, SPA One, Village 5 requiring developer to
comply with certain unfulfilled conditions of Resolution 18398, a
copy of which is on file on 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
Agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~<w~
Joh . Kaheny, ci
Attorney
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4, 'zf
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR FIRST FINAL "B" MAP FOR VILLAGE FIVE OF THE OT A Y RANCH PROJECT
(Conditions 1,3,4,5,8,9,10,11,27,31,36,37,52,64, 82(b),
82(b)(3), 83(c-f), 86(c), 87, 114,89,91,93,95, 103(a- f), 104, 108,
109, 120, 122, 137, 142, 147, and 152, of Resolution No. 18398)
This Supplemental Subdivision Improvement Agreement (" Agreement") is made this day of May ,
1999, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording
purposes only) and OT A Y PROJECT, LLC, a California limited liability company, OT A Y RANCH
V, LLC, a Delaware limited liability company, signator of this Agreement, ("Developer" or
"Grantor"), with reference to the facts set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of a project commonly known as Village I and 5 of the Otay Ranch SPA One
project, a master planned development. For purposes of this Agreement the term "Project" shall also
mean "Property." Developer has applied for a Final Map for Village 5,Unit I and is shown on
Exhibit "A-I" hereto.
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B. "Owner" or "Developer" means the person, persons, or entity having a legal or an
equitable interest in the Property or parts thereof and includes owners, successors-in-interest and
assignors of the Property.
C. Developer and/or Developer's predecessor in interest has applied for and the City has
approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 96-04 ("Tentative
Subdivision Map") by Resolution No. 18398 ("Resolution") for the subdivision of the Property
subject to certain conditions as more particularly described in the Resolution.
D. City is willing, on the premises, security, terms and conditions herein contained to
approve the final map for the Property known as Village 5, Unit 1, as being in substantial
conformance with the Tentative Subdivision Map described in this Agreement. Developer
understands that subsequent final maps may be subject to the same security, terms and conditions
contained herein.
E. The following defined terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
a. For purposes of this Agreement, "Final Map" means the final map for Unit 1
(Portions of Neighborhoods R-34, R-36, R-37 and R-38) ofOtay Ranch Village 5, SPA 1.
b. "commencing construction" means when a construction permit or other such
approval has been obtained from the City or a construction contract has been awarded for the
improvement, whichever occurs first.
c. "complete construction" means when construction on said improvement has been
completed and the City accepts the improvement.
d. "Guest Builder" means those entities obtaining any interest in the Property or a
portion ofthe Property, after the Final Map has been recorded.
e. "SPA One" means Villages One and Five.
f. "PFFP" means the SPA I Public Facilities Financing Plan adopted by Resolution
No. 18286 as may be amended from time to time.
g. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved
by the City Council on June 4, 1996, as may be amended from time to time.
h. "A Map Agreement" means the Supplemental Subdivision Improvement
Agreement for the Village Five "A" Map adopted by Resolution No. 19125.
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i. "A Map" means the Final Map for Village 5 adopted by Resolution No. 19124 and
recorded as Map No. 13615.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon and
inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties public or
private, in whose favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project to a guest builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
obtain the written consent of the City to such release. Such assignment to the guest builder shall,
however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant
running with the land. The City shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden ofthe Agreement runs with the land, assumes the
obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City,
its ability to perform its obligations under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of the
Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the
City shall release the assignee of the Burden of this Agreement as to such assigned portion if such
portion has complied with the requirements ofthis Agreement to the satisfaction of the City and such
partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the
Burden will not be completed.
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e. Release of Individual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to
a buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association;
The City shall not withhold its consent to such release so long as the City finds in good faith
that such release will not jeopardize the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the City Manager (or Manager's
designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the
City Manager (or Manager's designee) which confirms the release of such lot or parcel from the
encumbrance of this Agreement.
Notwithstanding the foregoing, i)at the close of an individual homeowner's escrow, or ii) conveyance
to a homeowner's association of any lot or parcel encumbered by this Agreement, such lot or parcel
shall be automatically released from the encumbrance hereof.
2. Condition No.1 - (General Preliminary). In satisfaction of Condition No.1 of
Resolution No. 18398, Developer hereby agrees, to comply with the requirements and guidelines of
the Parks, Recreation, Open Space and Trails Plan, Public Facilities Financing Plan ("PFFP"), Ranch
Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the Non-Renewable Energy
Conservation Plan, as may be amended from time to time, and shall remain in compliance with and
implement the terms, conditions and provisions of said documents.
3. Condition No.3 - (General Preliminary). In satisfaction of Condition No. 3 of
Resolution No. 18398, Developer agrees that if any of the terms, covenants or conditions contained
within the Resolution shall fail to occur or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the City shall have the right to deny the issuance of building permits for the Project,
deny, or further condition the subsequent approvals that are derived from the approvals herein
granted, institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of
the above actions being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City within a reasonable period of time.
4. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of
Resolution No. 18398, Developer agrees to indemnify, protect, defend and hold the City harmless
from and against any and all claims, liabilities and costs, including attorneys' fees, arising from
challenges to the Environmental Impact Report for the Project and/or any or all entitlements and
approvals issued by the City in connection with the Project.
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5. Condition No. 5 - (General Preliminary). In satisfaction of Condition No.5 of
Resolution No. 18398, Developer hereby agrees, that Developer shall comply with all the applicable
SPA conditions of approval.
6. Condition Nos. 8,9, 10 and 11 - (Conveyance Obligation). In partial satisfaction of
Condition Nos. 8,9, 10, and 11, of Resolution No. 18398 Developer agrees as follows:
a. The Developer provided the City with Irrevocable Grants of Fee Title, of393 acres
of real property in accordance with the RMP2, a portion of which 393 acres is intended to satisfy the
particular acreage conveyance obligation ofthe Final Map for Village 5, Unit 1 at a rate of 1.188
acres of conveyance per acre of area within the Final Map, as of the date ofthis Agreement, but such
obligation may be subject to change in accordance with paragraph "6.c".
b. That such dedicated property shall be granted in fee title to the City and County
of San Diego as joint tenants and subject to the approval of the Preserve Owner Manager. Should
the Preserve Owner Manager not approve this conveyance, Developer agrees to convey equivalent
real property that complies with this provision.
c. That Developer shall convey additional real property if necessary in order to
comply with the conveyance formula described in RMP 2, as may be amended by City. Developer
acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres
per developable acre.
d. That all land to be conveyed as described above shall be free and clear ofliens and
encumbrances except for easements for existing public infrastructure and other easements approved
by the City or for planned public infrastructure as permitted in the RMP 2. Developer further agrees
to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally
transferred to the City and County of San Diego.
e. That Developer acknowledges that property within the boundaries of the" A" Map
which will be the subject of future final maps may have conveyance obligations to fulfill for all
development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope
areas shown on the "A" Map.
f. That Developer shall maintain the conveyed land until such time as maintainance
is undertaken by the Preserve Owner Manager.
7. Condition No. 27 - (Street Trees). In partial satisfaction of Condition No. 27 of
Resolution No. 18398, Developer, upon request of the Director of Planning and Building, shall plant
trees within all street parkways which have been selected from the revised list of appropriate tree
species described in the Village Design Plan which shall be approved by the Directors of Planning
and Public Works. The applicant shall provide root control methods per the requirements of the
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Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation
system shall be provided from each individual lot to the adjacent parkway. Developer shall submit
a separate street tree improvement plan which includes the final selection of trees, the location of
trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways,
inlets and pedestrian ramps, for the approval by the Director of Planning and Building and the City
Engineer within twenty (20) days ofthe approval of the Final Map. Developer understands that the
City may withhold the issuance of building permits within the Final Map if the street tree
improvement plan is not submitted within said twenty (20) day period.
8. Condition No. 31 - (ADA Standards) In satisfaction of Condition No. 31 of
Resolution No. 18398, the Developer agrees that in the event the Federal Government adopts ADA
standards for street rights-of-way which are in conflict with the existing standards and approvals of
the City, Developer shall be required to comply with the new ADA standards adopted by the federal
government. Unless otherwise required by federal law, City ADA standards may be considered
vested, as determined by Federal regulations, only after construction has commenced.
9. Condition No. 36 - (Driveway Setback). In satisfaction of Condition No. 36 of
Resolution No. 18398, Developer agrees to provide twenty foot setbacks on the driveways, from the
property line to the garage, and sectional roll-up type garage doors for all properties except as
provided for in the Planned Community District Regulations or approved by the City Engineer and
the Director of Planning and Building. The Developer further agrees to submit a site plan subject
to the approval ofthe Director of Building and Planning, prior to precise grading plan submittal, of
all properties fronting on cul-de-sac streets which are 150 feet or less in length. The site plan shall
indicate: (1) a twenty foot setback on the driveways from the property line to the garage, and (2)
sectional roll-up type garage doors at all such properties.
10. Condition No. 37 - (Encroachment Permit). In partial satisfaction of Condition No.
37 of Resolution No. 18398, the Developer shall apply and obtain an encroachment permit prior to
installation of all private facilities within the public right-of-way. The Developer shall maintain, in
perpetuity, membership in an advance notice such as the USA Dig Alert Service and shall cause any
private facilities owned by the Developer to be marked out whenever work is performed in the area.
11. Condition No. 52 - (As-Built Plans). In satisfaction of Condition No. 52 of Resolution
No. 18398, Developer shall submit "as-built" improvement and storm drain plans in DXF file format
to the satisfaction of the City Engineer.
12. Condition No. 64 - (Fencing). In satisfaction of Condition No. 64 of Resolution No.
18398, Developer agrees to install a fence along those portions of the proposed maintenance access
roads ofthe existing Telegraph Canyon and proposed Poggi Canyon Channels concurrent with the
installation of the Regional Trail. The specific locations where the fence will be allowed and the
fence details shall be determined by the Director of Planning and Building and the City Engineer.
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13. Condition No. 82(b) - (Park P-l). In partial satisfaction of Condition No. 82(b) of
Resolution No. 18398, Developer agrees to commence construction of the first neighborhood park
in SPA One, identified as Park P-I, at the location set forth in SPA One Plan and as shown on Map
No. 13592, no later than issuance of the building permit for the SOOth dwelling unit for SPA One.
The level of amenities required in said first phase of construction of the first neighborhood park shall
be determined by the Director of Planning and Building in conjunction with the park master planning
effort required by the City of Chula Vista Landscape Manual; provided however, that said level of
amenities shall be equivalent to five acres of neighborhood park improvements as described in the
PLDO ordinance and the Park Master Plan as approved by the Director of Planning and Building.
Notwithstanding anything herein to the contrary, the developer shall complete construction of the
entire P-l neighborhood park as identified in SPA One Plan within twelve (12) months after
commencing construction of said park. For purposes of this paragraph, "complete construction" shall
mean that the construction of the park has been completed and accepted by the City as being in
compliance with the Park Master Plan, but prior to the City's required mandatory maintenance
period.
14. Condition No. 82(b)(3) - (Park P-2). In satisfaction of Condition No. 82(b)(3) of
Resolution No. 18398, Developer agrees to commence construction of the second neighborhood park
in SPA One, identified as P-2, at the location set forth in the SPA One Plan and as shown on Map
No. 13592. Such construction shall commence upon the earlier of: a) issuance ofthe building permit
for the 2033rd dwelling unit for SPA One, or b) ifSP A One is determined by the City to be in deficit
in constructed neighborhood parks based upon 2 acres/l ,000 residents. Such construction shall be
completed within eight (8) months after commencing construction of said park. For purposes of this
paragraph, "complete construction" shall mean that the construction ofthe park has been completed
and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's
required mandatory maintenance period. Developer acknowledges that this is not intended to
supersede any of the City's maintenance guarantee requirements.
The Developer and City agree to negotiate in good faith a park agreement concerning Developer's
neighborhood and community park obligations for Villages 1 and 5 of SPA One.
15. Condition No. 83(c-f) - (Community Parks). In partial satisfaction of Condition No.
83( c )-(t) of Resolution No. 18398 the Developer agrees, unless otherwise amended in writing by the
Director of Planning and Building:
83(c) To identify the relocation, if any, of the Village 2 Otay Ranch
Community Park prior to issuance ofthe building permit for the I, 150th dwelling unit for SPA One.
Said relocation may require an amendment to the Otay Ranch General Development Plan.
83(d) To commence constuction of the first phase of the Community Park
prior to issuance of the building permit for the 2,650th dwelling unit for SPA One.
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83(e) To commence construction of the second phase of the Community
Park prior to issuance of the building permit for the 3,000th dwelling unit for SPA One.
83(t) That the Community Park shall be ready for acceptance by the Parks
and Recreation Division for maintenance prior to issuance of the building permit for the 3,900th
dwelling unit for SPA One.
16. Condition No. 86(c), 87,114,122 - (MHOA). In satisfaction of Condition No. 86(c)
of Resolution No. 18398 and in partial satisfaction of Condition Nos. 87, 114, and 122 of Resolution
No. 18398,. the Developer:
a. Agrees to create a Master Homeowner's Association ("MHOA") to own and
maintain in a professional manner open space areas, medians, or parkways not maintained by the
Community Facility District or the City (referred to collectively as "open space areas"). Developer
shall complete the formation ofthe MHOA prior to making application for the first building permit
for any units within the Project excluding sales offices and model homes on the condition that the
sales offices and model homes are not sold or transferred prior to the Developer's compliance with
the provision of this paragraph.
b. On or before 60 days from the date of Council approval of this Agreement,
Developer shall submit for City's approval the CC&R's, grant of easements and maintenance
agreements, and other appropriate documentation, describing the maintenance standards and
responsibility of the MHOA's for the Open Space Areas within the Property. Developer
acknowledges that the MHOA's maintenance of public open space, trails, etc. may expose the City
to liability. Developer agrees to establish a MHOA that will hold the City harmless from any
negligence of the MHOA in the maintenance of such areas.
c. The MHOA shall be structured to allow annexation of future tentative map areas
in the event the City Engineer and Director of Planning require such annexation of future tentative
map areas.
d. Developer agrees to include the following provisions within the MHO A's CC&Rs:
1. Before any revisions to provisions of the CC&Rs that may affect the City
can become effective, said revisions shall be approved by the City. The
MHOA shall not seek approval from the City of said revisions without the
prior consent of 100 percent of the holders of first mortgages or property
owners within the MHOA.
2. The MHOA shall indemnify and hold the City harmless from any claims,
demands, causes of action liability or loss related to or arising from the
maintenance activities ofthe MHOA.
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3. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100
percent of the holders of first mortgages or property owners within the
MHOA.
4. The MHOA is required to procure and maintain a policy of comprehensive
general liability insurance written on a per occurrence basis in an amount
not less than one million dollars combined single limit.
5. The CC&R's shall incorporate restrictions for each lot adjoining open space
lots containing walls maintained by the open space district to ensure that the
property owners know that the walls may not be modified or supplemented
nor may they encroach on City property.
6. The CC&R's shall include provisions assuring maintenance of all streets,
driveways, drainage and sewage systems which are private.
7. The CC&R's shall include provisions assuring MHOA membership in an
advance notice such as the USA Dig Alert Service in perpetuity.
8. The CC&R's shall include provisions that provide the City has the right to
enforce the CC&R provisions same as any owner in the project.
e. The provisions to be contained within the CC&R's which reflect Condition No.
86( c) of Resolution No. 18398 and this section may not be revised at any time without prior written
permission of the City. The City shall not unreasonably withhold its approval of the CC&R's or
other said documentation. Any amendment to these documents shall be submitted to the City for the
City's approval prior to becoming effective.
17. Condition No. 89 - (Open Space Walls). In partial satisfaction of Condition No. 89
of Resolution No. 18398, Developer shall ensure that all buyers of lots adjoining open space lots
containing walls maintained by the open space district sign a statment, when purchasing their homes
stipulating that they are aware that the walls are on City property and that they shall not modify or
supplement the wall or encroach on City property.
18. Condition No. 91 - (lOD). In satisfaction of Condition No. 91 of Resolution No.
18398, Developer has made an Irrevocable Offer of Dedication (lOD) to the City, in accordance with
Government Code Section 7050, free and clear of all encumbrances, in the real property shown on
the Final "B" Map as an open space lot. A copy of the IOD is part of this agreement attached as
Exhibit "B". The original IOD shall be recorded concurrently with this agreement.
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19. Condition No. 93 - (Public Facilities Development Impact Fee). Developer has
requested that the City allow satisfaction of Condition No. 93 of Resolution No. 18398 be continued
until such time as the City completes and approves the Public Facilities Development Impact Fee
("PFDIF") Program revisions. In order for the City to allow said continuance of satisfaction of this
obligation, Developer agrees to pay the "PFDIF" in effect at the time of building permit issuance.
In partial satisfaction of Condition No. 93, Developer has deposited $20,000 for commencement of
said revision and shall receive 100% credit for such deposit towards future PFDIF fees.
20. Condition No. 95 - (Otay Water District Indebtedness and City Parcels). In
satisfaction of Condition No. 95 of Resolution No. 18398, the Developer agrees to provide written
evidence from Otay Municipal Water District indicating that any assessments (or bonded
indebtedness) associated with all parcels dedicated or granted in fee to the City have been paid or
that no assessments exist on the parcel(s). Said evidence shall be provided prior to the City's
acceptance of said dedication or grant in fee.
21. Condition No. 103 (a- f) - (Withhold Building Permits and Hold Harmless). In partial
satisfaction of Condition No.1 03 (a-f) of Resolution No. 18398, the Developer understands and
agrees that the performance of Developer's obligations hereunder is required for the health and safety
of the residents of its Project. Therefore Developer agrees:
103.a. That the City may withhold building permits for any and all buildings
within the Project if anyone of the following occur:
1. Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
2. Traffic volumes, levels of service, public utilities and/or services exceed
the adopted City threshold standards in the then effective Growth Management Ordinance.
3. The Developer does not comply with the terms of the Reserve Fund
Program.
103.b. That the City may withhold building permits for any of the phases
of development identified in the PFFP, if the required public facilities, as identified in the PFFP or
as amended by the Annual Monitoring Program or otherwise conditioned have not been completed
or constructed to satisfaction of the City.
103.c. That, on the condition that City shall promptly notify the Developer
of any claim, action or proceeding and on the further condition that the City fully cooperates in the
defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers
and employees, from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including approvals by its
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Planning Commission, City Council, or any approval by its agents, officers, or employees with
regard to this Project, except if such claim, action or proceeding arises from the sole negligence or
willful misconduct of the City or its agents, officers or employees.
103.d. That, on the condition that City shall promptly notify the Developer
of any claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City,
and its agents, officers and employees, from any claim, action, or proceeding against the City, or its
agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting
from the Property, except if such claim, action or proceeding arises from the sole negligence or
willful misconduct of the City or its agents, officers or employees. City agrees to reasonably
cooperate with Developer in the defense of any such action, claim or proceeding.
103.e. And that cable television companies franchised by the City of Chula
Vista may place conduit within the City easements and provide cable television service for lots
within the Final Map area, as described on Exhibits A and A-I. Developer agrees to comply with
all rules, regulations, ordinances and procedures regulating and affecting the operation of cable
television within Chula Vista. Developer further acknowledges and agrees that Developer will not
impair or interfere in any way with City's use of City's easements as described herein.
103.f. To include in the Articles ofIncorporation or Charter for the Master
Homeowners' Association (MHOA) provisions prohibiting the MHOA from dedicating or conveying
for public streets, land used for private streets without approval of 1 00% of all the MHOA members.
22. Condition No. 104 - (Congestion Management Program). In satisfaction of Condition
No. 104 of Resolution No. 18398, the Developer agrees to participate, on a fair share basis, in any
deficiency plan or financial program adopted by SANDAG to comply with the Congestion
Management Program (CMP) and agrees to not protest formation of any future regional impact fee
program or facilities benefit district to finance the construction of facilities described in the Otay
Ranch Planning documents. This agreement to not protest the inclusion of these public
improvements shall not be deemed a waiver of the right to challenge the amount of any fee which
may be imposed due to these new improvements and shall not interfere with the right of any person
to vote in a secret ballot election.
23. Condition No. 108 - (Insurance). In satisfaction of Condition No. 108 of Resolution
No. 18398, Developer agrees to ensure that all insurance companies are permitted equal opportunity
to provide a cooperative Homeowner's Insurance Program.
24. Condition No. 109 - (Backbone Facilities). In satisfaction of Condition No. 109 of
Resolution No. 18398, Developer has submitted an Improvement Phasing Schedule which has been
approved by the City Engineer and Developer agrees to comply with such Improvement Phasing
Schedule which is attached hereto as Exhibit "C" and which shall also be attached to and become
a part of the PFFP, which may be amended from time to time. Developer agrees to commence
construction of the public street improvements and agrees to provide security satisfactory to the City
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Attorney in accordance with the time frames and in such sums as set forth in said Improvement
Phasing Schedule, as may be amended by the City from time to time to comply with the PFFP.
25. Condition No. 120 - (Growth Management Ordinance). In satisfaction of Condition No.
120 of Resolution No. 18398, the Developer agrees upon the request of the City:
120.(1) To fund the preparation of an annual report monitoring the
development ofthe community ofOtay Ranch. The annual monitoring report will analyze the supply
of, and demand for, public facilities and services governed by the threshold standards. Developer
agrees to commence the annual review following the first fiscal year in which a residential
occupancy occurs within the Property and shall be completed during the second quarter of the
following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section
D ofthe General Development Plan (as approved by Res. No. 1 7298)/Subregional Plan; and
120.(2) To prepare a five year development phasing forecast identifying
targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected
dates, corresponding public facility needs per the adopted threshold standards, and identifying
financing options for necessary facilities.
26. Condition No. 137 - (Code Requirements). In satisfaction of Condition No. 137 of
Resolution No. 18398, Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal
Code (Growth Management) as may be amended from time to time by the City. Said chapter
includes but is not limited to: threshold standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100).
Developer further acknowledges and agrees that the City is presently in the process of amending its
Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions
necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to
construction of State Route 125. Said provisions will require the demonstration, to the satisfaction
of the City Engineer, of sufficient street system capacity to accommodate a proposed development
as a prerequisite to final map approval for that development, and the applicant hereby agrees to
comply with adopted amendments to the Growth Management Ordinance.
27. Condition No. 142 and 147- (Guarded Entrances). In partial satisfaction of Condition
Nos. 142 and 147 of Resolution No. 18398, Developer agrees that:
a. The guarded entrance shall not have physical barriers.
b. The guarded entrance shall be staffed from dusk to dawn unless the Master Homeowner's
Association (MHOA) or the Developer determines it is economically impractical.
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c. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also
include language which states that any proposal by the MHOA to allow "speed bumps" in the future
shall require prior written approval of 100% of all Homeowner's Association Members.
28. Condition No. 152 - (Maintenance Responsibilities). In satisfaction of Condition No. 152
of Resolution No. 18398, Developer agrees to notify all future property owners during escrow by
means of a document to be approved by the City Engineer and Director of Planning of the
maintenance responsibilities of the MHOA and the estimated annual cost thereof.
29. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits and all other permits for the entire SPA One, should the Developer be
determined by the City to be in breach of any of the terms of this Agreement. The City shall provide
the Developer of notice of such determination and allow the Developer reasonable time to cure said
breach. Developer further acknowledges and agrees that the City may withhold building permits
within the Final Map as defined herein if the required public facilities for SPA One, as defined in
the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been
completed or constructed to the satisfaction of the City Engineer.
30. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes
satisfaction of Developer's obligation of Conditions: I, 3, 4, 5, 31, 36, 52, 64, 82(b )(3), 86( c), 91,
95, 104,108,109,120,137, and 152 of Resolution No. 18398; and partial satisfaction of Conditions
8,9, 10, 11,27,37, 82(b), 83(c-f), 87, 89, 93, 103 (a- f), 114, 122, 142, and 147 of Resolution No.
18398. Developer further understands and agrees that the some of the provisions herein may be
required to be performed or accomplished prior to the approval of other final maps for the Project,
as may be appropriate.
31. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established
by Resolution No. 18398 and shall remain in compliance with and implement the terms, conditions
and provisions therein.
32. Previous Agreement. The Developer acknowledges that nothing in this Agreement
shall supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement. This
Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement and
of the Tentative Map 96-04 conditions applicable specifically to the Final Map for the Property.
33. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with
the recordation of the Final Map.
34. Miscellaneous.
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a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested,
first-class postage prepaid, addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving written notice of such change to the
other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
Developers:
Otay Project, LLC
350 West Ash Street, Suite 730
San Diego, CA 92101
Attn: Kim John Kilkenny
Fax (619) 234-4088
South Bay Project, LLC
191 W. Wilbur Road, Suite 102
Thousand Oaks, CA 91360
Attn: David Green
Fax (805) 379-4472
Otay Ranch V, LLC
3820 Valley Centre Drive
San Diego, CA 92130
Attn: Ronald J. Baldwin
Fax (619) 259-2933
A party may change such address for the purpose of this paragraph by giving written notice of such
change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations, agreements,
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understandings, and/or statements shall be of no force and effect. This Agreement is not intended
to supersede or amend any other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or drafting this
Agreement.
e. Recitals; Exhibits. Any recitals set forth above and exhibits set forth hereto are
incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial interpretation,
reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment
against the other for an amount equal to reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded substantially the relief sought.
[NEXT PAGE IS SIGNATURE PAGE]
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[PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT UNIT 1 OF VILLAGE FIVE OF
THE OTA Y RANCH PROJECT]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first hereinabove set forth.
CITY OF CHULA VISTA
Mayor of the City
of Chula Vista
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
f'~~/[~~
John M. Kaheny
City Attorney
, 1999
Dated:
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[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT UNIT 1 OF VILLAGE FIVE OF THE OT A Y RANCH
PROJECT]
OTA Y PROJECT, LLC,
a California Limited Liability Company
By: Otay Ranch Development, LLC,
a Delaware Limited Liability Company
Authorized Member
By:
.qf /
Kim Kilkenny c:7
Vice President
Date: 7/12/9'1
, .
OTA Y RANCH V, LLC,
a Delaware Limited Liability Company
By:~fi ~Date:71Ivl/qq
Ronald J. B win
Vice President
(ATTACH NOTARY ACKNOWLEDGMENT)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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~ State of Californi ~
County of ~
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On
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'ijJ personally known to me
D proved to me on the basis
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;( '; CommlZ:::cn if 1125795
~ '; Notary Public - California f
1 .. San Diego County 1
My Comm, Expires Feb 5. 2001
------------......
to be the person"') whose name(~(J;Paf.
subscribed to the wit~' instrument and
acknowledged to me that ~/thfy executed
the same in ~ thr authorize
capacity(i ), and-that oy ~~r/t ir
signature instrument thJ-per'son ,or}
the ent' upon beha of which the person(~
acted, executed the' trument.
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Place Notary Seal Above
dO~
otary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
1 and could prevent fraudulent removal and reattachment of this form to another docum~
~ Description of Attached cum "
~ ~t'~ed~ent.
I ~DOCUme"t ~fl
~ Signer(s) Other Than
I.' Capacity(ies) I'
I. Signer's Name'
i. ~ Individual
I<.~.I Corporate Officer - Title(s):
" LI Partner - D Limited [J General ~
~ [J Attorney in Fact
I D Trustee
I~'..'.. U Guardian or Conserv
[] Other:
< Signer Is Representing:
~'0(jXX;<70'=X:X3<X:X:;'<O<:;'~Z'Z-'<:'.z;~~~~x:x:;-~~~'0<:;'C:'<;"CZ;Cz,,<X?CZ:;~'(;~~"G<j'<'.A'j~~~~~'0.;.~~,<,:x:;<::,~ :j;
@ 1997 National Notary Association' 9350 De Soto Ave., PO. Box 2402' Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
/7ff-/7
State of
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
,
6f!J!;/t
COr)ty of ~ ~ ~ '"'Y
On ~ LJ)f4 J'i, / Lf9 '1 before me, J) :i1!: [J,UrJ
persona~ appeared J0n] {}L (] J. A /JrLf]IJJ) ro
ppersonallY known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the
person(S) whose name(S) is/are subscribed to
the within instrument and acknowledged to me
that he/sJ:(eltt$y executed the same in hislt}e(r/
their authorized capacityr~), and that by his/
'h,flth~ir signature~ on the instrument the
person~, or the entity upon behalf of which the
person~ acted, executed the instrument.
~ D.STRAUS
~ .. Comm. '1137361 ~
~ NOTARY PUBlIC. CAUfORNl
;c SAN DIEGO COUNTY
"i r., Comm. Exp. May 11, 2001 .
~:/'"""'t.:; .......,.. ~"'~--...,...---.t:, -.,- -.., ___.~:....:.:.:...:.
WITNESS my hand and official seal.
~
SIGNATURE OF NOTARY
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
o INDIVIDUAL
JXI lJJ~::eo.RAlll!s~bl:n-f
TlTlE(S)
o PARTNER{S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEES
o GUARDIAN/CONSERVATOR
o OTHER
~fJOfA~~
OjMI11()(Dt ~tVhf; ~ {J (l'CfJ.
TITlE OR TYPE OF DOCUMENT
~ 1 r/ncWJvi ~hJJchJ
NUMBER~ PAGES
rr lag - DA~~~UMEKT
SIGNER IS REPRESENTING
NAME t: PERSON~ ENnTY(IES~ /
C QY Ie/? /J LLL
/
Ght,,~chw~~. ~fbrtJL
GNER(S) OTHER THA'N'NAMED v~,
1<71)--020
50-39 (2194)
fX ",&\"( 1\
LEGAL DESCRIPTION
OTA y R~~CH YII...L~GE 5. F:!\TI 1
3EING .t.. Sl3BDI\1SION OF LOTS L 6, 8. 1 L .~~1) LOT A OF OT.t..Y R.t....."N"CH vn TAG:=: 5
'.~' M.A...? NO. L CHlJLA \t1STA TR.-\CT?'iO 9c-04..:"';:: SHO\\7}; O:!' .M..t>Y :NO. 136~5. ~
r~ CITY O? arULA \l:ST.t._ COl~TY OF SA_~ DEG~. STAT:=: O? CA..LIFOR.""-""l.;'_
FiT:=:D I:\" T:::~.....::. Or.dCE OF Thr:. COl~~- R:=:CORD;:-:;>, 'J? S.A~ DE-GO COL~i-~- D~'
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NO SCALE
OT A Y RANCH
VillAGE 5
UNIT NO. 1
. J~!5-2~
LUND~OM - - -. - -. 1Ift._
MIl _ __ .._
ASSO TES ('1') MI_ FG: (.1.) _-wi'
DfCE!l!/fR 29. ,_
JIti !Uti-ell CITY-Ul-O:_~
Recording requested by and
please return to:
f;)Ct-IIgr, 13
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits City
only. No fee is required
(This sDace for Recorder's use. on/v)
APN(s)
c. V. File No. OR-114 F
IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
OTAY PROJECT. LLC. A CALIFORNIA LIMITED LIABILITY COMPANY. AS OWNER.
represents that, as the owner(s) of the herein-described real property, (in the case of multiple owners,
collectively referred to as "Grantor"), hereby make(s) an Irrevocable Offer of Dedication of fee
interest to the City of Chula Vista, A Municipal Corporation, of the hereinafter described real
property for the following public purpose: OPEN SPACE AND OTHER PUBLIC PURPOSES.
The real property referred to above is situated in the City of Chula Vista, County of San Diego,
State of California and is more particularly described as follows:
LOT "A" OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH VILLAGE 5 UNIT NO. I
(pORTION OF R-34, R-36, R-37, AND R-38) PER MAP NO.
RECORDED ON , 199 , IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, FOR OPEN SPACE AND OTHER PUBLIC
PURPOSES.
(Contains 65,967 Square Feet)
This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State
of California and may be accepted at any time by the City Clerk of the City of Chula Vista.
This Offer of Dedication offee interest shall be irrevocable and shall be binding on the Grantor, its
heirs, executors, administrators, successors and assigns.
Page 1 of2
)j !?"2J
SIGNATURE PAGE
This ?Dr~day of 14- f (I [\
, 19 q '\
By:
a Delaware limited liability company, as owner
Signature( s) By:
"'"'.
(Notary acknowledgement required for each signatory)
'c~_:i'::~'\;'_~,:ci5:;;;.ja.t;;:-7~:t#:~:::~?<.:tg.Z:,,@:'6i:~'3'51E}';-:t':;:J:]Jct~:!~.:-;:rt'i2'ti:~~:f'Z~tij.:;t~9;~W.~t!fidt:.:f1t:."~Q;5_%~gg%?:~,~~'1:::~f.::r~f,f=mi:G:::i~1'1P~.i~t:Z,&,:~tr~,'~?i;:i~:;S;'rf!i/:i;-~::::!!D>::~:.':'/t':Yj:r;J:c':~:'::::;,'~, :t.:-:,:, ';"':.::;:Ui'i!
This is to certify that the interst in real property offered herein to the City of Clmla Vista, a
governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the
Clmla Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Clmla
Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordation
thereof by its duly authorized officer.
SUSAN BIGELOW
CITY CLERK
By:
Dated:
Page 2 of2
//g -~y
ALL-PURPOSE ACKNOWLEDGMENT
r----------.-.-.-.-.-._.__--.e_.___.. -.,
t- State of Cali~~~, . ,} t"
County of .~ ~ ':- ____ SS.
t- 0 !~f,i I.) I / _.)i. /"~' (- (-. i'J I ;,;:) ',~ i
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_ (DATE) ~, , ,,(NOTARY) _
t personally appeared I~ Lf-!':...J. '~I~ / (- ' t
SIGNER(S)
i 0 personally known to me - OR- /E proved to me on the basis of satisfactory i
_ evidence to be the person(s) whose name(s) -
t is/are subscribed to the within instrument and t
- acknowledged to me that he/she/they executed -
t the same in his/her/their authorized t
-, capacity(ies), and that by his/her/their . t.
) .- , D, STRAUS < f signature(s) on the instrument the person(s),
, ~ Comm. .1137361 ~ or the entity upon behalf of which the ,
; '; . . NCTA::;~~P=:VOftNI~ person(s) acted, executed the instrument. ;
· __. .:::~~~~~~ ~p~ M,? ~', ~o~ t ·
t t
i WITNESS my hand and official seal. i
i /-" f/ . . j i
i NOTARY'S SIGNATURE i
OPTIONAL INFORMATION
i The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- i
i ~:;:~; ;=;ri~;d :=n~PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT i
. -
A D INDIVIDUAL 4
, 0' CORPORATE OFFICER ,
t. ill: ; ! t(:' i r," (--/ f TIlLE OR TYPE OF DOCUMENT t.
TITLE(S)
. .
A D PARTNER(S) &
, D ATTORNEY-IN-FACT '
i D TRUSTEE(S) NUMBER OF PAGES i
· D GUARD~/CONSERVATOR ·
t Dorn~ t
i DATE OF DOCUMENT i
- .
t SIGNER IS REPRESENTING: t
i NAME OF PERSON(S) OR ENTITY(IES) i
. OTIIER_
L.___.___e_...-._._. ~ '{ J:~~_._._._._....J
APA 1/94
VAlLEY-SIERRA, 800-362-3369
SIGNATURE PAGE
ThisJ~daYOf~
, 1991.
Signature(s) By:
OT A Y PROJECT. LLC.
A California limited liability company,
By: Otay Ranch Development
LLC, a California limited liability
company,
Its:
By:
J9!J -~?
ALL-PURPOSE ACKNOWLEDGMENT
r.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-. -.,
t ~:::t:f ~al~):'~ D.e~o .} Ss. i
! On JulI( E }fClcf~irr:.Y~ Pub!1 L !
, f /7 ,
, SIGNER(S)'
i LfJ personally known to me - OR- D pro. cJ to me on [he bi:1~is uf salIsIaClI..Jl7 i
· eyid@Flcc to be the person~ whose nam~) .
t isklre subscribed to the within instrument and t
· acknowledged to me that he/she/they executed .
t JtI JOllE E~ MAYO' ( the same in his/hcr/tl1eir authorized f
.f ffi Comm./1141932 - capaci t y~ an d that by hi sthertt" eir f.
.. NOTARY PUBliC-CALIFORNIA (f) signature""" on the instrument the person~,
) San Diego County - '\"J P7
~ _ My Comm. Expires June 13,2001 T or the entity upon behalf of which the 6
i personEsJ acted, executed the instrument. ;
. .
t t
i i
i ~ i
. .
t t
· OPTIONAL INFORMATION ·
t The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- t
i edgment to an unauthorized document. i
, CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT ,
. .
, 0 INDIVIDUAL ,
, 0 CORPORA1;E OFFICER!!. I '
i --Avf0o.'7 7 fcC- Llf!M? V TITLE OR TYPE OF DOCUMEl\T i
, . TITLE(S) ,
. .
t D PARTNER(S) f
NUMBER OF PAGES
o ATTORNEY-IN-FACT
i D TRUSTEE(S) i
· 0 GUARDLlLN/CONSERVATOR DATE OF DOCUMEl\T .
t D OTHER: t
i m~ i
. .
, RIGHT THUMBPRINT ~ '
, SIGNER IS REPRESENTING: ,
t l'AME ~~SOl'(S),!jR ~NTITY'IES) ) L /" E f
· ().IU A 1 .{(I j eef, '- L-- St~r:R; ·
. - ~.
L._._._._._._._._._._._. _._.~._._._.-i
APA 5/97
VALLEY-SIERRA, 800-362-3369 / 78 ~- 07 ?
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NO SCN.E
01 A Y RANCH
VILLAGE 6
UNIT NO. 1
LUND~O)( -----....-
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ASSO TES (ue) -- HI...___
1lCCOIIfIl:lV, ,_ .IN 5>>-(1, C1rr-UI-Dl.
This page blallk
~
Minutes
November 19, 1996
Page 4
Ex Ci1rrt
~wren+~
competitiveness, because it is sometimes not enough to maintain the rate if evetybodye1se lowers theirs. There is
a risk of losing bm:inrsses because it SllndP.nly becomes cheaper to move next 400r.' ' , '
Co~bcr_ Rindone stated wbetb~ the bUsiness li~ is maintained, Dised or lowered; the current scenario
limits the Coimc:i1 in.realistic -options. He requested bringing baclc"1he master fee schedule for 1998 to refleCt the
proposed . of 1992, --\vhich is the first year it Was abated.. He requested staff not.only ,mncider'tbe abateme.nt
next year, but to consider revamping SO if there. is an aQ~t_mld a significant business up-tum, there is an
option for Council to reflect it in a modest nte adjustmcot.
.~" ~:' <~~~ ..~~~. ',~ "..1.:' -.. ~; ~;.! t-.s,.:' .-- '- ~- ..." , _ - f; ,j, _ _ __---~ ,.,
REsOLUnON-18S010FIERED BY COUNCJI.l\.f.EMBERlUNDONE;readiDg of.the text Was ~ved, tiiIe
'rea~' ~.'<~d Bpproved I1IUIInimouslj. ' ,., -: "7-::: ~ ,-- .~-,. .. " ,. :': " ~, ',' "~',_:. .,:
'..... ---' :-"--:.-!.~' '~'.
,""-- ~".
......-.- .--..:.-
. - ., ~ -
, "'..-";
;~.;--'~IC~HEARIN({ zAV:.9&.U;-:~ ~O~.~~"~~~~;-'~ENIAL OF A
REQUEST FOR' A VA1UANCE TO:INCREASE ,THEBElGHT OF A ROOFTOP SIGNFROM3S EEET
TO ,42 l'EET FOR THE' COMMERCIAL .BUlLDlNG LOCATED AT 396 "'E'! STREET IN nm; C-T
mOROUGBFARE COMMERCIAL ZONE ~ MAIgIN, ALTBAUM -This is JlD -3ppe81 from 1he Plamnng
Commission's deoial ofaxequest for a variance to allow the construction of a rooftop sign to 42 feet in height for
the commercial building locate4 21396 -E,. Street.within1beC-TThorougbfare Commercial7Drie. The C-T zone
limits the height ofrooftopsiins to 35 feet above giade.: At the request ,of the Bnnlicant. staff'recolnlllends that
the nublic bearilU! be continued to the meenlU! of 12110196. (Director of Planning)
MSC (Horton! Alevy) to continue to the meeting of 1211~J96,.approved 4-0-0-1. 'With Rindone 1lbstaining.
1l.A. RESOLtmON 18416 APPROVING A RESOURCE CONVEYANCE AGREEMENT FOR THE
OTAY RANCH SPA ONE, TRACT 96-04 - (This is B related item. but does not reooire B uublic bearilU!)
.;~;~:;','~,','~~~ ; 3L/-..,~~"~'::~~~~~:~,~_.:~.:;.j~:1t, -n'~ .:~t . > it. ~i:ri/~,;~,?~~ :'~~~*:~.~L ~~.:r1i~:fi:A:~~- 2~~.E1~~;:_~
B. RESOLUTJON. 18417 '; APPROVING' AN INDEMNnlCATION AGREEMENT WITH VllLAGE
DEVELOPMENT FOR TRACT 96-04 - (This is 8 related item. but does not rewire B uubTlc beariD!!)
.. ,. .' ...._...;:::.,cL,_I~:..,.;.t~ ~":r-;"4,;~l~;: '-:;-'f~ ~~; -~~ "'n',~A"',:',..:?/b '~~'1:?yr;~~?)~~')J-~~~}t~'~1,~,,~;:~<.I_(_:L~": .
C. PUBLICHEAlUNG PCS 96-04: CONSIDERATION-oF A REVISED TENTATIVESUBDIVISIONMAP
FOR THE OTAY RANCH SPA ONE, TRACT 96-04 GENERALLY LOCATED SOUTH-OF TELEGRAPH
CANYON ROAD'BETWEENPASEO, RANCHERO AND THE l'urURE SR-US'o'ALIGNMENT AND
EXCLUDING 288 ACRESIN AS~OR PARCEL~.(AP.N) ~U AND A PORTION{)F APN-
642-080-11 :; Adopt a Second AddendwD. to FEIR 95-01 and recertify FEIR 95-0111Dd. the Fust Addendum for the '
Otay Ranch SPA oDe and Tentative Subdivision Map for Village One and Phase I-A of Village FIVe of the ,Otay
Ranch SPA9ne. CbulaVJSta Tract 96-04; in accordance With the 1indings and subjeict to the COnditlons'cOntained-
in thC' draft ieSolution.- Staff recommepds..approVafof tbCTeSOlntions. '. (Otay:Ranch Manager)" Continued 'from
tbemeetingofil/U/.96.-~; :- . . , '.. -,--,'- - : -.'.-7:. '.:;,~,c:'~'_' : .".
, ~ ..... - '. ,..
'*
~ - -
D. RESOLlmON 18398' ADOPTING THE SECOND ADDENDUM TO AND CERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT FEIR 9~1 (SCH #950210U) AND FIRSI' ADDENDUM
READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING AND ,REPORTING PROGRAM FOR 'THE- FEIR: AND: APPROVING A REVISED
TENTATIVE SUBDIVISION MAP FOR PORTIONS OF TBEOTAY RANCH SPA ONE, CHULA VISTA
TRACT 96-04, AND MAKING THE NECESSARY FINDINGS..AND CONTINUING ALTERNATIVE
. TENTATIVE MAP PROPOSALS .
Jerry Jamriska, Otay Ranch Special Projects Manager, gave a prese.ntation regarding the Otay Ranch development.
Councilmember Rindone asked why was Section 7.1 of the agreement changed to reflect the B Map level, as it was
not recommended for any other developer.
3
Minutes
November 19, 1996
Page 5
.Ann Moore, Acting City Attorney, said that condition of the development agreement was tied to the conditions of
the tentative map approval. such as Coudition 108, v.1rich works hand in hand with one another. Bonding is
reqnired when. the improvc:meuts are triggered by the PFFP4 '
Mr. Jamriska stated.1he improvemeot ;plu.~ schedule ~equi1ed to 'be, ~ ~ identi1Y all,()f the backbone
facilities, and before the City En~ approves the :first final B map'.!b&t condi~~ ~ ~dcntif:y all the required
backbcme facilities, as wd1 as a plan for the financing. The backbone facilities would Dot be triggered oy the
_'_ ~_of~,Jots.to_ a 4iffercDt property ~_ ,The trigger points for the ~ facilities'occurwhen
the final B mq, is ~ - ".- -: -~ '_ '-.. c _ " . -:,,;'.;.:'\<~",~..:, '. ":':~;': .~~,:: " ,
.Jobnl;.ipp!tt. Director<<Public Wmks, gave an, ey~le, of&~l.ak'" Grc=s,that,~ camcin,~than overall
- A map fot~tht; 'ba~ Sb=ts and soine of the ~;.~' facilities.:- nej were ~ t01K)i1ct"iOr'thOSe steels
witbinfbei:r~tieS.aud'Were . to '-~~:off-&ite." " , "The" ~~dk'e.tbeii .to
"'" '," 'c-' " -,!" ~" ~ ~",.', ,-'I', '''-''''n~'''''''' ~.. ;;",.."-".,. "<,,-,,,,,.>} pt
wi!hbold1mi1ding.~.if1Dey -weren"~ done, and it y.'a5 to amform with ~urJev~ of ~ce ormnsm~ aDd the
. ."' . "-~' .. .~_.. ,',. .,-....~-_.. ,.~.. . .... ", ....... __::;A.~ _-." _ ..... ,: .....- .,.___,,' ,.&- .. . .'.' -~. __', ........,.,\ ".'<j;. ~~T' <.~:.~..~- .~.....
growthm.auagemeut ordinance. Those wonldn"tl1ave to,bebonded llDtil such time as they ~ ~g those
tluesDolds. "c.;-' ., , -- --'--~,-',-" ,- ,,- d . ..._-,,,, ,,'.
Mayor Horton didn't believe there was ever an effort 10 Dave the primary land owners or developerS sell at a
parti~lSU' stage~and.JIS to what is currc:nt1y being proposed, there was never a movement to do that with F.aqJalc:e
or .RaDcho l1e1, ~~..sO .it may .Dot Apply in this sitUatloD. - ,ShC'.st8ied the -CCmccm'was addressed in'i1ii1eport When
it taJked~utihemffcr=t.stages; howeVer, itis.hCr UDd~ding th8tstaffincoIporated theproiedions that the
facilities will be built. ' . <- - - - . . .
-
~~~,
Ms..Moore ,said Section 1_1 shifts.the bond requirement to the master builder, that they will be responsible for all
:thc,hackbonC ~'jti~,~ ,of the mezcbaiit buiidtZ~;'Thcre would be a mUnberofissUes.and cm.~ if we
,:~~~'~'~~~,~,~~th'~~~~tO.~dor~.~j~;~'~~~ties.
",-Section 1..1 ,'it bd.,to.the:master builder for tbrir l:ihili "~ and it iShCi'~ that~ for
,:~;~~t;'~~~..daiibe..A'':-'' ~~ this"" ~ "'it';s~-dc;oeiit~fhe:1i';""""" "~"'Ct
~L""'-_-..;t"~_-...~ ~~*.~~;,~~l-J--,,+}f~ ~_' a~......''''''-' __.__.- --~,-- _:.a._~.~:~~~._ ; .._",.~....,::.."" e.. ;-.,;......+.. ).~~ ,'iIfi..w..-. '~c_~.G-- ~f;~~\,.:'",,~
,for~. '_.arc listeclin Condition 108. , "'~' " ,. ' ',' ,
.'::-::'.:i...'O-,:.:p~,I.~!,~~~~....~. \:',.17"'" <~--... ~:~;.._""~':'~=./..:: ..;...--r:Y::A~~- ,~~ ~ 1:1:. __~..:__~~~_,,';.c':_\_~~ ,~~~.~ '""!~:-1'.j.!7~~R~'-'~~~
~r:i~ Moot~ if1be ~iLW buildeIs ~~~~~dttbi;:~:.::g.} ~d'~~~
n obb,Un.the bondingbcfme,~ City allows a .sale to the men:baut builders.
. :_,-'."."," '.~,-'" ~,~<,~",,,,,"'_ '4'-'~':r:'p~.,~", ,.:, ','. '~..:r", _. ::.._':.....1.0- . ..,._~..._ ;. ."'.....: ;~..;C~....T ,i~~.~.:~-': '~i";'~-~'f-~;'
.-.',.;.."'::~~, _"-."",-~,~-:~,'-"}~;:-...~j-~..- ,'1.__ ~-""'t _~'~~':.o'''''# --.~'-::--...c.'''~'. ,,~ ; '--:1 ~.~ .' ~ _.
Mr., Jamrisbsaid.tl=e'wCre four basic itemS that DeCded to be bonded prior 10 the fust phase of the, backbone
, I3ci:utieS, ~d~t is ~r:~ted it will be' the requirement of & iDastCf, buildtrs. All ~5equcot backbone facilities
will probably fall upon the burden of either the master builder and/or the merchant ~ders. "
Coundlnvmthe;r Padilla didn't think there was a distinction there and,as far as_ breaking down what the obligation
level_woUld, be ~ ,the Iucst builder leVel. You Cithee ~ a corliplete obligation to gwmintee 100 ~ ,of the
backboDe- fiicilitiesat theA map'stage or yoU hav~ 10()peiceat transfer or relief of that 'oblig8?on to theSDCCeSsors
in intcrest. . -,' .,- '., -.- . . -, . - -' " -
-..:.. .~-: ~ ~
.~ . _...'0 ". . r ,'. '. '.. - , . .
Ms. Moore said the bonding is the safest guarantee the Gtjr can have, and having the bonding at the A map stage
is a more secure position for the City than doing it at later stages.
Mr. Lippitt said it was staff's opinion as long as there was a condition in there, they can't do any B maps Dr any
developments because this has to be resolved. Ii is a shift in time, but Dot a shift in development staging between
Maps A and B.' ,
CouncilmembCc Rindone said if we change the . time' ~ce of this and there is some question' of responslDility
,~ when a iDCrcbant builderS cOmes in and caDnot afford that, the master builder doesn't have the respDDSlDility.
He did not hear the assurance th3t the City incre8sed its protection, because the merchant builderS will Dot have the
resources the master builders would have. ' . ,
if
Minutes
November 19, 1996
Page 6
Mayor Horton said it was ber understanding from the staff report that it is the sole responsibility of Otay Ranch
Ltd., or its successors in inter-..st, to provide or finance the cost of the bacldxme facilities required in any final map.
including both A and B maps.
Ms. Moore said it was correct and what staff could do to clarify it would be to insert specific language in Section
7.1 that st3tes they shall provide the bonding.
12. Councilmember Padilla asked what were some of the potential issues if the City allowed the bonding to be at
the B map stage, as opposed to the A map stage.
Ms. Moore said if yon require the banding at the A map stage, you have the bonding up front. If something were
to happen to the master builder, we would have the banding to go after in order to constnIct the improvements.
If we wait lIDtillatcr stages, even though there is that provision in the agreement that deals with its SIlCCeSSOIS in
interest, there is always the potential that we might not be able to get the in3ster builder to actually construct the
backbone facilities, and we won ~t lmve bonding at that point becanse it was done at a later stage in development.
We would then try to go to the merchant builder, which would be difficult to have the merchant builder a.ctuaIly
construct major backbone facilities.
Counci1member Alevy said in reading me minutes of the Planning Commission, Coun~ber-elect Mary Salas
expressed the" specific concerns that the master builder is forever obligated to do the backbone infrastructure should
they not survive lienholders to become obligated 10 the backbone infrastrncture, etc. and the timing is the issue
we're talking about, but the reality is that the master builder is required to be able to bond to do that.
Counci1member Rindcme said the ~..of funding the backboDe :facilities is a greater risk. In order to try
to compenSate that risk, we've put other safeguards ~ theagreemeot. Council bas the respoDS1'"bility to ensure that
the backbmiefacilities are built. He did not see why the old rules were c::han~ because they worlred well and
provided adequate safegDards. He said thC bOttom line is -th3t with the size of the Otay Ranch and the projected
buildout, we don~t have the ~ from the very front that the bacldXmc infrastructures are in place, and it will
set the wrong tone for this development. If we bad required the bonding at the very beg;nn;ne as done in the past,
we ~dn't have to come up with all of these conditions.
Ms. Moore said ac:cording to the development agreement, if language is added to specifically d~ with bonding,
it would require Villll:,oe Development, and its successors in interest, to provide the bonding. There is also a
provision in the agreement that talks about subordination so it requires the lenders to subordinate to the development
agreement. It is not the same as having the bonding up front, but there is a provision that holds Village
Development to provide the facility and the bond.
Councilmember Padilla said this issue preSented itself at the request of Village Development. There is a reason
economically why they want to be able to sell off parcels without making the guarantees up front on this size of a
SPA or at the A Map stage, but the question is whether- that is what Council wants: The question bere is this was
changed at the request of the applicant, there are reasons for that and the question for Council is wh~ or not
when we get to the development agreement and we look at the tentative maps, whether we will be satisfi~ and
we lmve enough comfort with this level of a gu3nmtee. There is no question that the manner in which staff is
recommending is less security to the City than if we required the bonds at the A map stage.
. Kim Kilkenny, 11975 E1 Camino Real, San Diego, ~ representing Village Developments, stated that City staff
and Village Development staff put a lot of time to ensure the problems that occurred in St. Claire are not
experienced in Otay Ranch. Village Development is seeking to provide security consistent with the PFFP, and that
is when a phase of development requires an improvement in order to serve that phase, then adequate security has
to be provided. The development agreement states that Village Development is the entity responsible. As a gener.U.
rule when you have a tentative map approved, and that's what Village Development is seeking in this bearing, there
is not an obligation in State law or Council policy that an applicant follow-up a tentative map approval with an A
map. What is different about this project is through the development agreement came a proposal from staff that
Village Development be required to do an A map on the whole of the SPA, village by village. If you look at the
conditions of approval, they have to be bonded at the twice their estimate, which is $160 million. If Council were
!5
Minutes
November 19, 1996
Page 7
to pursue the common practice of allowing Village Developments to do A maps on a lesser area, Village
Developments would be willing to provide the security on the improvements associated with that lesser area. If they
do an A map on the whole of the village or an A map on' the whole of the SPA, then the bonding Security
requirements .})e(-.nftV'!I: bnrdl'!V~ ~I- the tentative map is so large. If you look at the whole of development
agreement:m anijUDCtion with -the teotative map requirements, the G~ is assured thBt facilities wi11 be built in a
timely maDDCr? the:St. ,Claire CXJ>wl~ wiD l10t re-occur? aad-the 'COSiof the facilities wiD be equitably shared
,.~ .n benefiting properties in the project. '0-
~#?:. ". ~/.5;' .,;.~.:'. "t.:,' ,-;,;,~' "'~".. ,~"::-"_:...:'~:;~ .~,-'-t.-- -_..,~.
Councilmember Rindone asked if staff considered Mr. 1mkP.rmy's suggestion of the A map for a man partitm of
the project to ensure the backbone facilities were part of the A map~
Councilmember Moot stated staff's proposal was a better guarantee for the City.
Mr.l.ippitt replied itwascorrect.. Staff.tried to ~'11p with a mP.r..1mni!rnl that woula meet the deve1opeJ"s needs
and also assure the City"s compliances.., _ ' -,'
Richard ltosaler, Senior Planner, continued staff's presentation 2'egarding the Otay RanCh project. .
This being the time and place as advertised, the public hearing was declared open.
. William Lieberman, 852 Blackwood.Road. Chula V1SbI.,CA, Director of Planning and Operations with the
Metropolitan Transit Development Board, .supported the 'project. He exp.essed concerns relating 10 guarded entries
and densities in the villages.
.' .~ --....
1..-
>.
.. 1UcJc~1;S1T11J:..3130BonitaR~ Clula V3.Sta, withPoiDtBui1~'spoke on bdJalf.ofWest Coast Landrund,
owner of the 288-acre parcel 'spsmnmg Villages 1 and 5. West Coast supports .staff's recnnimf'.ndati~ although
they would like to ~ build the concept to Aiefer any approvals in Village 5 until the Ci~, West Coast, and
V~~~~baveanDppOrtlJDi9rto mcet~~=Pk=:issues:' "'. . "P;'~"~':::~': ~,~_
~LJ.:. . ".' ':,--",_._~'..",'-~ ,;..'/~. '7'...~';:',:...-"_ :~;:..~::;. . ~; .'.~ ,.-. ?:.:...~...;... ~_.-.
~c.:~~..:}cn. ~.:_~:~.;,~.. - ~ _ _" ,_ ,'__ _ ,_ ',' ' " ".
.!::,~:~~l1c~my, ~ .ViDagcDevdopmeut;:~ :stafrS;~eco..I..~~;r1afton'-wit1i 11ie"rexception of
modifying a portion of the tentative map in Village 5to mcompass all of their ownership in Village 5, With the
,excepti~of~ospecific parcels. .. ". :\ ',~ ,. ' .. 'n;. ::
i
~,'/ .;
.;,' ,.' . ~ - r
· · · Colmribnflft1ber Padilla left the dais at 11:11 p.m. .. ·
· Kent Dayden, 11975 El Camino Real, San Diego, CA, ~wp.esenting Village Developments, gave a prese:ntati~
regarding Otay Rancl1 and referred to the report by V~e Development.
Mr. 'J(i11cenDY concluded ,with tbeissueof the 'scope. of1heteutative map. He indic8ted Village Deve10pulent
supports staff ~d.tion with the single modification that the scope of the tentative map should include Vill8ge
Developments ownership in Village 5, except for two parceJs that tTlltTll".dilltf'Jy abut West Coast property whicl1 is
Parcel R-29 .md Parcel P-3. West Coast l1as previously indicated they would like to flip a school or park onto our '
ownership. The portion of the property in R-29 and P-3 which should be excluded from the map is approximately
10 to 15 acres, an ample size to flip those kinds ofuse&, not that they are accepting or aJivocating that, but at least
it provides the possibili~.
There being no further speakers, the public hearing was closed.
Councilmember Moot expressed concern of the pmcticaI effedsof delaying the bonding until the B map level. He
asked what assurances were in place that the backbone infrastructures would be consti11cted.
Mr. Kilkenny answered that the development agreement contains a stllt~t that until released by the City Council,
Village Development is obligated to provide for the backbone infrastructure. The development agreement also
~
Minutes
November 19, 1996
Page 8
requires the provision of a subordination agreement by the lender on the property in the event they take title to the
propc.-ty, they are bound by the provisions of the development agreement, including the backbone provision. There
are a couple of levels of assunmces in this project. The City of Cbula VlSta has a very ag",oressive development
impact fee program and each buildingpermit that goes through the process has to pay for those development impact
fees for a whole array of facilities. and the City will constantly have the flow of revenue to :make sure. each
individnal parcel pays for its fair share of the facilities. What both the development agreement and tentative map
have are requirements that security be in place through bonding, but there are other mechanisms to ensure
completion of the :facility in a timely manner.
Councilmember Alevy asked wby the project did not include speed bumps, because it was different from the policy
Council enacted in recent months. ..
Mr. Jamriska explained the speed bumps were not provided in response to requests by the Fire Chief and Chief of
Police who felt any impediment to the traffic flow would binder their quick response.
Councilmember Alevy asked staff to address the impact of MSCP on a County-wide basis on this particular project,
and what are the impacts of Proposition 218 on this project.
Mr. Lippitt said one impact would be if we bad the open space district to maintain the open space around the
village. If there are gated communities, everything private within the gated community would be maintained by
the homeowners' association. and it would not be regulated at all by Proposition 218. For the portion probably
along the slopes ofTe1egrapb Canyon Road and Orange Avenue with issues such as drainage, those could be and
probably would fall under the provisions of Proposition 218 which means the initial bearing would be set up before
people moved in. If the people bad already moved into the project before the as.~ents. there would have to be
a vote.
Couno lTnf".tDber Moot expressed conc:cm about guarded Communities. He did not favor staff's re:::ommendation and
doesn't see the big difference whether it has a gate or guard. because the concept is still the same. He could Dot
see valid reasons to restrict any citizen in the City of Cbula VISta from driving in and around this particular area..
Councilmember Rindone was concerned that guarded or gated communities sends the inappropri3te message of what
this project was originally conceived to be. When you have artificial barriers and even the insinuation of those
barriers, even if they are guards that are not there during the day, it creates a difference sense or ambiance. We
v"cmt to have the presence this is a good community and all parts have good protection and safety, not just those
who can afford to be in the single-family or higher residential facility. He did not favor guarded communities in
any form.
Mayor Horton indicated that gated communities were common. and there were two areas in Rancho del Rey which
Council did not oppose. There are mobile home paries behind gates, because it is the lifestyle the particular mobile.
.
home parks wanted. She doesn't think it is exclusive; it is a choice and marketing tool for this project.
Councilmember Alevy referred to an article "The Next Eden." from California Lawver magazine that talked about
the benefits of having gated communities. Earlier this evening Council spoke at length regarding section 7.1 of the
development agreement and the backbone infrastructures and it was clear that Council did not want to create a
situation in this development that was not required of other developments. He indicated we Deed to turn that around
with respect to gates, because we have allowed gates in other parts of the City. We have private single-family
residence developments with gates in both Eastlake and Rancho Del Rey, and he stated Council should be consistent.
If we are going to bold Rancho del Rey and Eastlake to the same requirements on other issues as Village
Development, then we should be consistent and do the same with giving them the opportunity from a marketing
standpoint to allow guarded portions of their development.
:MSC (HortonlAlevy) to allow gate closures from dusk to dawn, failed 2-2-1 with Moot and Rindone opposed
and Padilla absent.
1
Minutes
November 19, 1996
Page 9
MSC (A1evylBorton) to allow some facilities guarded from dusk to dawn, approved 3-1-1, with Rindone
opposed and Padilla absent.
RESOLUTIONS 18416, 18417 AND 18398 OFFERED BY COUNCILMEMBER. RINDONE, with the
exception of taking the issue of the])ondiugseparatewhidl is Item 12, approved 4-0-1 with Pachlla absent.
13. PUBLIC HEARING ADOF11NG DTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT WU"H VILLAGE DEVELOPMENT - An amendment to the developmeot agreement to further
guarantee infrastructme improvcmcots where 1he ~eJopcr:wants 10 create parCels for sale prior to finRli7i~ the
final subdivisionmap. The ~t also addresses future problems with regard to any debt payme:01 that might
be levied to make public improveme:nts or mould development be only partially completed on any particular project
due to any stoppage ofworlc especially due toJl bankruptcy action. Staff ~~.",.'"",,,ds'Co1mcil ~the ordin~ce
on first reading. (Deputy City Manager, Planning Director, and Otay Ranch Manager) CoDDnUed from the
meeting of 11112196.
ORDINANCE 2691 AMENDING OTAY RANCH .P.RE--ANNEXATION DEVELOPMENT AGREEMENT
BETWEEN OTAY RANCH, L.P-, A. CALIFORNIA LThm'ED PARTNERSHIP, vn..LAGE
DEVELOPMENT, A CALIFORNIA GENERAL PARTNERSHIP, AND THE CITY OF CHULA VISTA (first
readiJ1!!)
ORDINANCE 2691 OFFERED BY COUNCILMEMBER MOOT, including adding the bonding language to
section .7.1, approved 3-1-1 with Rindone opposed and Padilla absenL
ORAL COMMm."JCATJONS
. Bill Brasher. 1755 Old Gillette Avenue, Irvine, CA, le.pm;enting Baldwin Builders; -gave an ~.with the St.
Claire Crossing development. ',- -'- -" . ,---.
F~'!.'.:<~. ;
J ~,:.-; .~:
~'~:..'!. .
. BOARD AND COMMISSION RECOMMENDA nONS
None submitted.
ACTJONlTEMS
. '-
14. RESOLUTION 18494 DISSOLVING THE COUNCIL APPOINTED INTERIM BECA BOARD - On .
8112.195, Council approved ,an Interim BECA AdvisoJy Board represented by 11 organizationsf'mdividuals. These
organizations/individuals were YeCOJDJDC:Dded by staff to provide Jl mix of public and private ,entities who are
stakeholders in the regional BECA alliance. The Board's contributions include working with staff in the areas of
coordinating and leveraging regional resources, enhanced prognun marketing, and providing technical advice. These
functions may be best served by the Board continuing to act in an advisory capacity to the BECA program and staff.
For the purposes of legal clarification. staff is recoYnTnending the existing Interim Board, as appointed by Council,
be dissolved and, the new Board membership be selected by staff. Staff recommends approval of the resolution.
(Director of Community Development) Continued from the meeting of 11/12/96.
Cheryl Dye, Economic Development Manager, said staff recommends Council dissolve the Council-appointed BECA
advisoJy board, with the understanding that staff would appoint a board.
Councilmember Moot suggested constituting an Ad Hoc Council subcommittee on the BECA board and requested
staff research the issue of an ad hoc subcommittee with Council serving as an ex-officio non-voting member.
g
CK~erft
A+b-v~l ~t 2-1:>
Minutes
August 4, 1998
Page 3
Councilmember Salas wanted to know if we could start right
extension of the' agreement with Southwestern College.
valuab~e resource for the community.
now talking about the
She felt this waS a
David Palmer, Library and Recreation Director, responded that he did not feel
that would be a problem. That was the intent. With the Parks Master Plan being
revised now8 ,that would .also be". i:nco%pOx;ated.4-pto, this.-. ~'.: "
-' ~,_.., '_.~: t~... c _ _, .. .. _._'-._ .._..._..,~_ ...... ' .,- ....-..-. .,._,...1." ... -, f...._~
_ _ *' c .-~+"/'T.... :-'"~~'_::C'''\:.' V::'~-'_- ~.." . <.,or' .~" ~-:-;"
councP~her Rindone stated ,that, on.,the f~caL.iiripact~'s,~atement~" -:PerhapJ; a
better way to phrase it would' be 10there is'" 11'0 . 'chanQe ..in 'the fiscal ~ct...
There is a fiscal impact, but ~bere is no .change in it. ..
~,,= .... ~., - , ' -: ~ ~. - ,"",:".. ~ ",-, - ~ - ~ ::. .
Hayor, Borton. 'agreed' ,~ith Council"";""her' ~alas:,.~.c~ts. about.. starting, the
negotiationso on ,the', extension'c.f the)oi~t- ~~e-'ag~~n~_".:'~h~ h~dqUesti.ons
about the actual'Programs being offered. She 'asked staff .if they harlany .idea
how~y students.are'.invo~ved8~'and how do~:~they' go about advert~singto the
~~nity that ,'this program is ,a,",:~i1ab1e for; them.
Sunny Shy, Assistant Director of Recreation, replied that they advertised through
their brochure that comes out, aI,out the availability for tennis. Also, Mr.
Chabbody does a good job of advertising through the Star News and through the
College. On an annual basis, there are over bOO students involved.
. W__9.A. RESOLlJ:I'ION 19124 'APPRDvIJoJG FINAL "A-" MAP NO...1 F.OR"CBULA VIST~ nAc:r NO.
-;!\ 96-04... OD.Y.RAWCB SPA OWE vn.;LAGE 5.. REJEc:::rING ON. BEJIALl'.:.. OF ,~HE PlJBL7C; EAST
,.. ,. _';' . '.:., - __,':'. '. _" ._, ~ .. --..~ -'" : - :!,,_'~_'.'-'>~"':". c-' ......~', ~,,"_.,;;,-#- ......-
PALOMAJf:.~;: OL'DIPJ:C PARKWAY Mm'~ EASEMERT.JI'Oll.STREET,AND ~J:C ~OSES;
~,_. ._"_~._' '__, ..~_ ," ," _,~,_,~ ....... ~~,;,."...... .... ~ _."_ "~',:"' .." ,',.., ""--"'r ~'... ,'_ .'~~.::",,' .,--. .-., -~-'- -", -' ~_lMl_' ,._,_e
," A~, OX::BEJw.1rOF":mE . CITY ~ oi' c:JIUIA nS7A..DE, PtiBLIC-DRADmGE :EAsEMEXrS' AND
~....,.;:.;.';"",:,....",..,.' ::-_,....... ..~.. "'.o)~"" .... ;.....^"_.,..~,"".: .- ._j .,....:-."'",; ~.' ..- ", '_ ..... - ~..""... <t.... ~ I... ....... Y1"'.-,~'"
. ASS:IGRA'BLE .AJm :tRREVQCABLE GENERAL UTILITY AND ACCESS ,~EMEIr.rS ,GRAJaED OBi. $AD)
'L; ..:" 'f<) ~,-'-" '.~ . .. ..... -- 7-' ,', ',., or. --'v t. ',' .-.. :
MAP luDUJII SJUD SUBDIVISION; ACKlfOWLEDG:ING ON BEHALl" OF TEE' PUBLIC TIlE
:IRREVOCABLE OJI'f'ERS OF DEDICATION OF FEE INTEREST OF.EAST P!lLOMAR STREET, OLYMPIC
PARxWAY ANDm EASEMENT FOR sTREET AJliJ' Pum.IC PURPOSES, LOT "G" FOR'.PUBLIC PARK
PURPOSES, LOT -B" FOR OPEN SPACE AJri>' LOT "r FOR PUBLIC' IMPROVEMENTS' - On
November 19, 1996, Council approved. a portion of the Tenta,tivE!; Su~divi.sion_.Map
for Tract 96-04, otay Ranch SPA One (Otay Ranch Villages One and a portion of
Village Five, excluding 288 acres located in a portion of Villages One ana Five).
On March 25, ~996, council apprq;ed a 'portion of the Tentative Subdivision Map
96-04 (otay Ranch Village Five, Neighborhoods 28, 29, 30, 31 and 39). Condition
Number 117 of the resolutions require the. developer to submit and obtain City
approval of a master final map: (-A- Map)" over_ the portion of the tentative map
within each Village area showing -super block" lots. All "super block" lots
created are also required to have access to a dedicated public street. Per
staff's recommendation, the resolutions were approved unanimously 5-0. (Director
of Public Works) _L
B. RESOLU'IION 19125 APPROVING "A" MAP suppLEMENTAL SUBDIVISION IMPROVEMEH'I
AGREEMENT FOR CHULA VISTA TRACT NUMBER 96-04, OTAY RANCH SPA ONE PORTION OF
VILLAGE 5 AND AU'IBORIZING TEE MAYOR TO EXECU'IE SAID AGREEMENT
10. RESOLU'l'ION 19126 DECLARING TEE INTENT TO ANNEX PARCEL NUMBER 639-160-32
AND TEE RIGHT-OF-WAY FOR EAST NAPLES STREET ON TEE SOU'IBERN BOUNDARY TO OPEN,
SPACE DISTRICT HUMBER 18 AND SETTING THE TIME AND PLACE FOR THE PUBLIC HEARING
FOR 6:00 P.M. ON SEPTEMBER 22, 1998 - The final parcel map to subdivide Parcel
Number 639-1bO-32 is currently in process. The parkway along East Naples Street
/;F
I -:
This page blank
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II
^,fA~ M~N'- 4
Unless otherwise specified or re~~ired by law: (a). the condi~ions
and Code requirements set forth ~elow shall be completed prior to
the related final map as determi~ed ~y tne Director of Plannins/
Parks and Recreation, and the City ~ngineer (b). unless otherwise
specified, t'dedicate" means grant the app:::-opriate easement / rather
than fee title. Where an easement is required the applicant shall
be required to provide subordination of any prior lien holders in
order to ensure that the City has a first priority interest in such
land unless otherwise excused by the City. Where fee title. is
granted or dedicated to the City, said fee title shall be free -and
clear of all encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these
conditions of approval, any conflict shall be resolved by the City
Manager or designee.
GENERAL/PRELIMINARY
1. Comply with all requirements and guidelines of the Parks,
Recreation Open Space and Trails Plan, Public Facilities Financing
Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable
Housing Plan, and the Non-Renewable Energy Conservation Plan,
unless specifically modified by the appropriate department head,
with the approval of the City Manager. These plans may be subject
to minor modifications by the appropriate department head, with the
approval of the City Manager, however, any material modifications
shall be subject to approval by the City Council.
2. All of the terms, covenants and conditions contained herein
shall be binding upon and inure to the benefit of the heirs,
successors, assigns and representatives of the Developer as to any
or all of the Property. For purposes of this document the term
t'Developer" shall also mean "Applicant".
3. If any of the terms, covenants or conditions contained herein
shall fail to occur or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms,
the City shall have the right to revoke or modify all approvals
herein granted including issuance of building permits, deny, or
further condition the subsequent approvals that are derived from
the approvals herein granted, institute and prosecute litigation to
compel their compliance with said conditions or seek damages for
their violation. The applicant shall be notified 10 days in
advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies
identified by the City.
4. Applicant shall indemnify, protect/ defend and hold the City
harmless from and against any and all claims, liabilities and
costs, including attorney's fees, arising from challenges to the
Environmental Impact Report for the proj ect andlor any or all
entitlements and approvals issued by the City in connection with
the Project.
5. The applicant shall comply with all applicable SPA conditions
of approval.
/3 SCHEDULE 111"
6. Any and all agreements that -:.he applicant is required to enter
in hereunder, shall be in a form approved by the City Attorney.
7. The terms, conditions and -:.ime, limi::.s associated with this
tentative map shall be consisten-:. with the Development Agreement
approved by Ordinance No. 2679 by the City Council on July 26, 2996
(1IDevelopment Agreement") and as amended on October 22, 2996.
8. The applicant shall comply with the terms of the Conveyance
Agreement, adopted by Resolution No. 28426 by the City Council on
October 22, 2996 (" Conveyance Agreement") .
ENVIRONMENTAL
9. Prior to approval of each final "B" Map, the applicant shall
implement all applicable mitigation measures identified in EIR 95-
02, the CEQA Findings of Fact for this Project (on file in the City
Clerk's Office as Document No. C096-056) and the Mitigation
Monitoring and Reporting Program (on file in the City Clerk 1 s
Office as Document No. C096-057).
20. Prior to the approval of each final "B" Map, the applicant
shall comply with all applicable requirements of the Phase 2
Resource Management Plan (RMP) as approved by the City Council on
June 4, 2996 and as may be amended from time to time by the City.
ll. Prior to the approval of each final "B" Map, the applicant
shall comply with the Otay Ranch Resource Preserve in lieu fee
program to be adopted by the City Council.
22. The Applicant shall comply with any applicable requirements of
the California Department of Fish and Game, the u.s. Department of
Fish and Wildlife and the u.s. Army Corps of Engineers.
DESIGN
23. The secondary access in the southern portion of Neighborhood
R-30 shall be surfaced with "grass-crete", "turf-block" or some
other comparable material unless otherwise approved by the Planning
Director and Fire Chief. Bollards shall be provided instead of the
locking gate noted on the map. The bollards shall be located
closer to the terminus of the cul-de-sac (Parker Mountain Road),
rather than adjacent to Santa Rosa Drive.
24. Any proposed monumentation/signage shall be consistent with
the Village Design Plan and shall be reviewed and approved by the
Planning Director prior to approval of the appropriate final map.
25. In addition to the requirements outlined in the City of Chula
Vista Landscape Manual, privately maintained slopes in excess of 25
feet in height shall be landscaped and irrigated to_soften their
appearance as follows: one 5-gallon or larger size tree per each
250 square feet of slope area, one 2-gallon or larger size shrub
per each 200 square feet 'of slope area, and appropriate
groundcover. Trees and shrubs shall be planted in staggered
clusters to soften and vary the slope plane. Landscape and
irrigation plans for private slopes shall be reviewed and approved
/1 SCHEDULE
"2"
by the Plan:~ing Director prior to approval of the appropriate final
TrLap.
~~. A comprehensive wall plan in~icating =olor, materials, heighL
ana location shall be reviewed and approved by the Planning
Director prior to approval of any final "B'. Map. Materials and
color used shall be compatible and all walls located in corner
side-yards or rear yards facing public or private streets or
pedestrian connections shall be constructed of a decorative masonry
and/or wrought iron material. -
A revised acoustical analysis indicating if view fencing, such as
a combination of masonry and wrought iron, is allowable at the ends
of cul-de-sacs backing up to Telegraph Canyon Road, East Orange
Avenue and Paseo Ranchero, shall be prepared prior to submittal of
the wall plan indicated above. If such fencing is allowable per
the final acoustical analysis it shall be provided at the ends of
the following streets: Parker Mountain Road, Geyserville Street,
Jamestown Drive, Moss Landing Avenue, porterville Court, Firebaugh
Court, Street C4, San Dimas COULTt, Hanford Court, Rocklin Court,
Colton Court., Rincon Point, Santa Inez Avenue, Traver Court, Vernon
Court, Lindsay Street, Applegate Street, and Dunsmuir Court. View
fencing shall be provided at the ends of all other open cul-de-sacs
where a sound wall is not required.
~~y combina~ion free standing/retaining walls shall not exceed 8.5
fee~ in height. The applicant shall submit a detail and/or cross
section of the maximum/minimum conditions for all "combination
walls II which include retaining and free standing walls. Said
detail shall be reviewed and approved by the Director of Planning
prior to the approval of the first final map. The maximum height
of all retaining walls shall be 2.5 feet in height when combined
with freestanding walls which are six feet in height. A 2-3 foot
separation shall be provided between free standing and retaining
walls where the combined height would otherwise exceed 8.5 feet.
l7. Lots backing or siding onto pedestrian paseos or parks shall
be provided with view fencing, such as three feet of wrought iron
on top of a three foot masonry wall, subject to approval by the
Fire Marshal and the Planning Director.
18. Should the applicant propose an amendment to the Otay Ranch
General Development plan to reduce density within the Village Cores
at some time in the future, the nrovision of additional alley
product shall be analyzed and considered concurrently with said
amendment.
19. The Design Review Committee shall review and approve the
elevations of all homes backing and siding onto Telegraph Canyon
Road in Neighborhood R-5.
20. A minimum of thirty percent of all 55 x 105 feet lots in each
final map shall be provided with Hollywood driveways. The
applicant agrees to process an amendment to the Planned Community
District Regulations for SPA One to reflect said requirement.
....-
/7 SCHEDLJLE "1"
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
21. Dedicate for public use all the public streets shown on ~he
tentati ve map wi thin the subdivision boundary. Prior to the
approval of the applicable "B" Map, the applicant shall enter into
an agreement to guarantee the construction of all street
improvements as required by the PFFP for each particular phase.
22. Secure in accordance with Section 28.16.220 of the Municipal
Code, as necessary, the construction and/or construct full street
improvements for all on-site and off-site streets deemed neces~ary
to provide service to the subject subdivision. Said improvements
shall include, but not he limited to, asphalt concrete pavement,
base, concrete curb, gutter and sidewalk, sewer, reclaimed water
and water utilities, drainage facilities, street lights, signs,
landscaping, irrigation, fencing and fire hydrants.
Street cross sections shall conform to the cross sections shown on
the Tentative Map. All other design criteria shall comply with the
current Chula Vista Design Standards, Chula Vista Street Design
Standards, and the Chula Vista Subdivision Manual unless otherwise
conditioned or approved herein. ExT;bit A indicates the
relationship between the Otay Ranch SPA One roadway designations
and the approved City designations in the Circulation Element of
the General Plan for purposes of determining the appropriate design
standards for all streets within SPA One.
Should the City Engineer deem that the construction of sidewalks
along the offsite portions of East Orange Avenue and East Palomar
Street west of Paseo Ranchero is not necessary to provide service
to the subject subdivision, their construction may be delayed.
The developer shall dedicate on the appropriate final nB" Map, the
right-of-way to extend Carmel Avenue, Santa Lucia Road, Santa Flora
Drive, Gold Run Road, Applegate Street, Livingston Avenue. and
Grayson Court to the easterly subdivision boundary of Village One.
The City Engineer and the Planning Director may waive this
requirement if it is demonstrated that a street does not need to be
extended to provide access to the adjacent property.
Unless otherwise approved by the City Engineer, the developer shall
provide a cul-de-sac at the end of all proposed street stubs along
the subdi vision boundary. The City Engineer may approve the
installation of a temporary turnaround at the end of those streets
that might be extended in the future to provide access to the
adjacent property.
23. In accordance with the pre-annexation Development Agreement
the developer shall grant to the City fee title to the right-of-way
for SR 125. Said right-of-way shall be contained in a lot granted
to the City for open space, transportation and other public
purposes. The right-of-way shall be granted at such time as
requested by the City.
24. As part of the improvement plans associated with the final "B"
Map which triggers the installation of the related street
improvements, install a fully activated traffic signal including
interconnect wiring at the following intersections:
/6 SCHEDULE "111
a. East Palomar Street a..Tl d Paseo Ra..""lchero
b. East Palomar Street and La Media Road
c. East Palomar Street and East O:::-ange Avenue
d. East Orange Avenue and Paseo Ranchero
e. East Orange Avenue and La Media Road
Install underground improvements, standards and luminaries with
construction of street improvements, and install mast arms, signal
heads and associated equipment as determined by the City Engineer.
25. Submit to and obtain approval by the City Engineer of striping
plans for all collector or higher classification streets
simultaneously with the associated improvement plans.
26. Design all vertical and horizontal curves and intersection
sight distances to conform to the Caltrans Highway Design Manual.
Sight visibility easements shall be granted as necessary to comply
with the requirements in the Caltrans Highway Design Manual.
27. plant trees within all street parkways which have been
selected from the revised lis~ of appropriate tree species
described in the Village Design Plan which shall be approved by the
Directors of Planning, Parks and Recreation and Public Works. The
applicant shall provide root control methods per the requirements
of the Parks and Recreation Director and a deep watering irrigation
system for the trees. An irrigation system shall be provided from
each individual lot to the adj acent parkway ~ The improvement plans,
including final selection of street trees, for the street parkways
shall be approved by the Directors of Planning, Parks and
Recreation and the City Engineer.
28. Enter into an agreement with the City, prior to approval of
the first final "A" Map, where the developer agrees to the
following:
a. Fund and install Chula Vista transit stop facilities when
directed by the Director of Public Works. The improvement
plans for said stops shall be prepared in accordance with
the transit stop details described in the Village Design
Plans and approved by the Directors of Planning and
Public Works.
b. Not protest the formation of any future regional benefit
assessment district to finance the Light Rail Transit.
c. Fund its fair share of the cost of construction of the
two pedestrian bridges connecting Villages One to Village
Two and Village Five to Village Six as determined by the
City Engineer based on the proportionate benefit received
from the improvements. The developer shall also identify
the financing mechanism to be used to fund said cost.
29. Grant in fee to the City the right-of-way for the Light Rail
Transit as indicated on the approved Tentative Map. Said right-of-
11
SCHEDULE "1"
way shall be contained in lots granted to the City for open space,
transportation, and other publi= purposes. Said lots shall not
extend across street intersections unless approved by the City
Engineer. Include said lots in an open space district.
30. Guarantee the construction and enter into an agreement to
construct the pedestrian bridge connecting Village One to Village
Five in accordance with improvement plans approved by the City
prior to approval of the final map that requires constructionqf La
Media Road between East Palomar Street and East Orange Avenue. The
developer shall be responsible for the construction of said bridge
and may seek, with the concurrence of the City, repayment from
other benefiting property owners through a reimbursement district.
31. In the event the Federal Government adopts ADA standards for
street rights-of-way which are in conflict with the standards and
approvals contained herein, all such approvals conflicting with
those standards shall be updated to reflect those standards.
Unless otherwise required by federal law, City ADA standards may
be considered vested, as determined by Federal regulations, only
after construction has commenced.
32. Prior to approval of any final map that requires the
construction of Santa Madera Avenue between Telegraph Canyon Road
a..:.'"1d Morgan Hill Drive ("Temporary Roadway"), in order to access the
final map property, the developer shall accomplish the following:
a. Obtain all permits and agreements with the environmental
regulatory agencies required to construct the "Temporary
Roadway" .
b. Obtain a construction permit from the City approving the
necessary modifications to the existing improvements in
Telegraph Canyon Road including the provision of a fully
activated traffic signal as directed by the- City
Engineer.
c. Enter into an agreement where the developer agrees to:
(1) Perform the following:
( a)
(b)
Restore the median imorovements and remove the
traffic signal as -directed by the City
Engineer to provide only right-in/right-out
access at said intersection. This work shall
be performed at such time as La Media Road
between Telegraph Canyon Road and East Palomar
Street is opened for public use.
Remove to the satisfaction of the City
Engineer the remaining "Temporary Roadway"
improvements required to close said
intersection, at such time as a permanent road
connecting Filmore Street in Village One to
East Orange Avenue is opened for public use.
/ t SCHEDULE "1"
(2) Restore the Telegraph Canyon Road improvements and
regrade the area to be consistent with the
streetscape of Telegraph Canyon Road and ~he
drainage channel as directed by the City Enginee~
and Director of Parks and Recreation.
(3) Install signs as directed by the City Engineer,
indicating that the "Temporary Roadway" will be
closed once the permanent road connecting Filmore
Street in Village One to East Orange Avenue is
opened for public use.
(4) Provide a Notice in any residential disclosure
document that the "Temporary Roadway" will be
closed once the permanent road connecting Filmore
Street in Village One to East Orange Avenue is
opened for public use.
(:;) Provide security acceptable to the City in the
amount determined by the City Engineer to guarantee
the following:
(a) Restoration of the median improvements and
removal of the traffic signal required to
provide only right-in/right-out access at said
intersection. Said bonds shall be provided
prior to approval of the final map requiring
the construction of La Media Road between
Telegraph Canyon Road and East Palomar Street.
(b) Removal of the remaining temporary
improvements required to close said
intersection and restoration of the area as
directed by the City Engineer and Director of
Parks and Recreation. Said bonds shall be
posted prior to approval of the final map for
Village One Core or any unit thereof.
(6) Provide for all costs associated with the vacation
of the "Temporary Roadway"
33. As part of the improvement plans associated with the first
final "B" Map which triggers the construction of Paseo Ranchero, La
Media or Sfu~ta Paula Drive, provide the necessary modifications to
the applicable existing traffic signals including interconnect
wiring at the following intersections:
a.
Telegraph
Telegraph
Telegraph
Canyon Road
-....
c::.L..
St.
Claire Drive
c.
Canyon Road at Otay Lakes Road
Canyon Road at Pas eo Ranchero
b.
Install underground improvements, standards and luminaries
with construction of street improvements, and install mast
arms, signal heads and associated equipment as determined by
the City Engineer.
/1
SCHEDULE "1"
34. Include the right of way for 't.he prop::>sed "Temporary Roadway"
(Santa Madera Avenue between Telegraph Canyon Road and Morgan Hill
Drive) in a separate lot. In the appropriate final "B" Map, as
de~ermined by 't.he City Engineer, grant said lot in fee to the Ci't.y
for open space, transportation, and other public uses.
35. Guarantee the construction and enter into an agreement to
construct, prior to the approval of any final liB" Map for
Neighborhoods R-l5, l6, l7, l8, 19, CPF-l, 2, 3, C-l or 2 or ,any
unit thereof, the construction of a permanent public road
connecting Filmore Street in: Village One to East Orange Avenue as
depicted on the Tentative Map_ This road shall have a right-of-way
width of 40 feet and be designed and constructed to City standards
for residential streets except that it shall have a width (curb to
curb) of 26 feet and sidewalk only on one side.
36. Provide (l) twenty feet setback on driveways from property
line to garage and (2) sectional roll-up type garage doors at all
properties fronting on streets where cul-de-sacs are l50 feet or
less in length except as provided for in the Planned Community
District Regulations or approved by the City Engineer and the
Planning Director.
37. Not install privately owned water, reclaimed water, or other
ur.ilities crossing any public street. This shall include the
prohibition of the installation of sleeves for future construction
of privately owned facilities. The City Engineer may waive this
requirement if the following is accomplished:
a _ The developer enters into an agreement with the City
where the developer agrees to the following:
(l) Apply for an encroachment permit for installation
of the private facilities within the" public right-
of-way_
(2) Maintain membership in an advance notice such as
the USA Dig Alert Service.
(3) Mark out any private facilities owned by the
developer whenever work is performed in the area.
The terms of this agreement shall be binding upon the
successors and assigns of the developer.
b. Shutoff devices as determined by the City Engineer are
provided at those locations where private facilities
traverse public streets.
38. Grant on the final "B" Map containing the proposed connection
to EastLake Parkway (between the two existing Otay Water District
parcels) a 60-foot wide easement for street right-of-way and other
public purposes along said connection. Prior to approval of the
same map the developer shall guarantee the construction of the
following improvements within said 60-foot wide easement:
:z t SCHEDULE "1"
a. ?edestriant cart and bicycle improvements as determinec
by the City Enginee= and Planning Director. ~he
improvement plans shall be prepared in such a way as ~c
no~ preclude the option of providing s~reet improvemen~s
for vehicular access in the future.
b. Vehicular access improvements to the existing O~ay
Municipal Water District parcels as determined by the
City Engineer and the Otay Municipal Water District~
39. Grant on the final "B" Map containing the paseo between
Neighborhoods R-8 and R-9 aGO-wide easement for street right-of-
way and other public purposes. The paseo improvements shall be
constructed within said easement. Prior to approval of the same
final map the developer shall accomplish the following:
a. Guarantee the construction of the pas eo improvements (if
public) as directed by the Director of Planningt Director
of Parks and Recreationt and City Engineer.
b. Enter into an agreement with the City where the developer
agrees to construct street improvements for vehicular
access within the GO-foot easement in accordance with
improvement plans approved by the City Engineer if
vehicular access is needed in the future.
40. Include in separate lots the right-of-way required ~o
accommodate the future grade separation at the intersections of (1)
Telegraph Canyon and Otay Lakes Roadt and (2) East Orange Avenue
and Paseo Ranchero. These lots shall be granted in fee to the City
for Open Spacet transportationt and other public purposes on the
appropriate final "B" Mapt as determined by the City Engineer.
41. Residential Street Condition A as denoted on the cover page of
the tentative map is the preferred section and shall be implemented
on all residential streetst excluding the alley productt unless
otherwise approved by the City Engineer and Planning Director.
42. The applicant shall submit a conceptual design for the bridge
connections between Village One and Village Five which indicates
materials t height t locationt etc. Said design plan shall be
reviewed and approved by the Planning Director prior to approval of
the final "3" Map that requires construction of La Media Road
between East Palomar Street and East Orange Avenue.
43. Requested General Waivers 1t 2t and 3 and Specific Waiver 3,
as indicated on the cover sheet of the tentative mapt are hereby
approved. Specific Waivers 1 and 2 are approved subject to the
condition that one-way circulation be provided at the north-south
streets adjacent to parks P-4 and ?-5t unless otherwise approved by
the City Engineer.
44. The applicant shall submit and obtain approval from the City
Engineer and the Planning Director of a final conceptual design of
the proposed traffic circles prior to approval of the first final
"3" Map. The developer shall submit striping t signage a:1d
2/ SCHEDULE "IIi
landscape pl~~s for all traffic c~rcles indicated on ~he ten~ative
map. In the event the traffic circles are not approved, some type
of alternative enhanced landscap~ng and/or entry sta~ement at those
in-:.ersections acceptable to the City Engineer and -:.he Planning
Director, shall be identified prior to approval of the first final
"B" Map.
45. Right-oi-way for the light rail transit line shall provide for
spiral curves as required by MTDB and approved by the ~i ty
Engineer.
46. Unless otherwise approved by the City Engineer, the developer
shall provide sewer stubs extending to the easterly subdivision
boundary of Village One at the following locations: (l) all the
street stubs proposed along said boundary, and (2) at those
locations where right-of-way dedication is required to extend
Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road,
Applegate Street, Livingston Avenue and Grayson Court to said
subdivision boundary.
47. Prior -co approval of the first final "B" Map the developer
shall submit and obtain the approval of the City Engineer of a
design study of the connection of the sewerline shown on the
tentative map as ending at the northerly end of Gold Run Road to an
approved public sewer system.
GRADING AND DRAINAGE
48. Provide a setback, as determined by the City Engineer, between
the property lines of the proposed lots and the top or toe of any
slope to be constructed where the proposed grading adjoins
undeveloped property or property owned by others. The City
Engineer shall riot approve the creation of any lot that does not
meet the required setback.
The developer shall submit notarized letters of permission to grade
for all off-site grading.
49. Submit a list of proposed lots with the appropriate grading
plan indicating whether the structure will be located on fill, cut
or a transition between the two situations unless otherwise
approved by the City Engineer.
50. Comply with all the provisions of the National Pollutant
Discharge Elimination System (NPDES) and the Clean Water Program.
51. Provide runoff detention basins or any other facility approved
by the City Engineer to reduce the quanti-cy of runoff from the
development to an amount equal to or less than the present lOO-year
frequency runoff.
52. Provide "as built" improvement and s"Corm drain plans in DXF
file format to the satisfaction of the City Engineer.
53. Grant on the appropriate final "B" Map a 15 feet minimum
drainage and access easement for storm drain lines located between
A?- SCHEDULE "1"
residential units unless otherwise directed by the Ci~y Enginee~.
All other easements shall meet Ci~y standards for re~~ired widt~.
54. Prior 'Co approval of (1) 'Che first :::inal "B" Map or grading
permit for land draining into the Poggi Canyon or (2) the first
final "B II Map or grading permit which requires construction of
Santa Madera between Telegraph Canyon Road and Morgan Hill Drive
("Temporary Roadway"), the developer shall:
a. Guarantee the construction of the applicable drainage
facility, unless otherwise approved by the City Engineer
as follows:
(l) Runoff detention/desilting basin and naturalized
channel in Poggi Canyon; or
(2) Runoff detention Basin in Telegraph Canyon Channel
The City Engineer may approve that these facilities are
constructed at a later time if the developer provides
private temporary runoff detention basins or other
facilities, approved by the City Engineer, which would
reduce the quantity of runoff from the development to an
amount equal to less than the present lOa year flow.
Said temporary facilities shall comply with all the
provisions of the National Pollutant Discharge
Elimination System (NPDES) and the Clean Water Program.
Prior to issuance of any grading permit which approves
any temporary facility, the developer shall enter into an
agreement with the City to guarantee the adequate
operation and maintenance (0 & M) of said facility. The
developer shall provide security satisfactory to the City
to guarantee the 0 & M activities, in the event said
facili ties are not maintained -to Ci ty standards as
determined by the City Engineer.
The developer shall be responsible for obtaining all
permits and agreements with the environmental regulatory
agencies required to perform this work.
b. Prepare a maintenance program including a schedule,
estimate of cost, operations manual and a financing
mechanism for the maintenance of the applicable
facilities. Said program shall be subject to approval of
the City Engineer, the Director of Parks and Recreation,
and the applicable environmental agencies.
c. Enter into an agreement with the City of Chula Vista and
the applicable environmental agencies (Fish and Game,
Fish and wildlife) wherein the parties agree to implement
the maintenance program.
d. Enter into an agreement with the City where the developer
agrees to the following:
~3 SCHEDULE "111
(1) Provide for the maintenance of the proposed
detention basin in Telegraph Canyon and the
proposed naturalized channel and detention basin in
Poggi Canyon until such time as maintenance of such
facilities is assumed by ~~e City or an open space
district.
(2) Provide for the removal of siltation in the
Telegraph and Poggi Canyon Channels (including
detention basins) until all upstream grading within
the development is completed and erosion protection
planting is adequately established as determined by
the City Engineer and Director of Parks and
Recreation.
(3) Provide for the removal of any siltation in the
Telegraph and Poggi Canyon Channels (including
detention basins) attributable to the development
for a minimum period of five years after
maintenance of the facility is assumed by the City
or an open space district.
55. Enter into an agreement with the City, prior to approval of
the first final "B" Map or grading permit for land draining into
the existing Telegraph Canyon Channel, where the developer agrees
to perform ~he following activities within the portion of said
existing channel extending from Paseo Ladera to the eastern
subdivision boundary:
a. Provide for the removal of siltation until all upstream
grading within the development is completed and erosion
protection planting is adequately established _as
detennined by the City Engineer and Director of Parks and
Recreation.
b. Provide for the removal of any siltation attributable to
the development for a minimum period of five years after
maintenance of the channel is assumed by the City or an
open space district.
56. Ensure that brow channels and ditches emanating from and/or
running through City Open Space are not routed through private
property and vice versa.
57. Provide a graded access (12 feet minimum width) and access
easements as required by the City Engineer to all public storm
drain struc~ures including inlet and outlet structures. Improved
access as determined by the City Engineer shall be provided to
public drainage structures located in the rear yard of any
residential lot.
58. Provide a protective fencing system around (1) the proposed
detention basins at Telegraph Canyon and Poggi Canyon, and (2)
inlets and outlets of storm drain structures, as directed by the
City Engineer. The final design and types of construction
;?f
SCHEDULE "1"
ma~erials shall be suoJect to approval or ~he Direc~or
a~d the Ci~y ~ngineer.
0: Planninc
-'
59. Desi~ate all drainage facili~ies draining private property ~o
the point of connection with public facilities as private.
60. Provide a 6 inch thick concrete access road to the bottom of
the proposed detention basins. This access shall have a minimum
width of l2 feet, a maximum slope of 8%, and a heavy broom finish
on the ramp as directed by the City Engineer.
6l. Obtain a Letter of Map Revision (LOMR.) from the Federal
Emergency Management Agency revising the current National Flood
Insurance Program maps of the Telegraph Canyon Channel to reflect
the effect of the proposed drainage improvements. The LOMR. shall
be completed prior to acceptance by the City of the proposed
detention facility. .
62. Provide graded maintenance access roads along both sides of
the proposed onsite and offsite portions of the Poggi Canyon
Channel. The width of said roads shall be l2 feet unless otherwise
approved by the City Engineer. The final dimensions and locatio~
of the access roads shall be as determined by the City Engineer.
63. Obtain, prior to approval of the first final liB II Map, the
approval of =~e Director of Public Works to any amendment necessa!0'
to make the Master Drainage plan consistent with the approved
Tentative Map.
64. Prior to the installation of the regional trail, install a
fence along those portions of (l) the existing maintenance access
roads along the Telegraph Canyon Channel, and (2) the proposed
maintenance access roads of the Poggi Canyon Channel, which are
proposed to be incorporated into the Regional Trail System. The
fence shall be erected only at those locations where its
installation will not interfere with the normal channel
maintenance. The specific locations where the fence will be
allowed and the fence details shall be as determined by the City
Engineer and Director of Parks and Recreation.
65. Prepare and obtain approval by the City Engineer, Director of
Planning, and Director of Parks and Recreation of an erosion and
sedimentation control plan and landscape/irrigation plans as part
of the grading plans.
66. Landform grading, similar =0 what has been proposed along
Telegraph Canyon Road and consis~ent with City policy, shall be
implemented adjacent to all off-site major roads.
67. Indicate on all affected grading plans that all walls which
are to be maintained by open space districts shall be constructed
entirely within open space lots dedicated to the City.
68. Prior to the approval of the grading plans proposing the
grading of the area that would accommodate the future grade
separated intersections at East Orange Avenue/Paseo Ranchero and
J.5 SCHEDULE "l"
Telegraph Canyon Road/Otay Lakes Road, the developer shall submit
a design study, acceptable to the City ~gineer, of the grading
required for said grade separated interse=tions.
69. The grading plans for the intersection at East Orange
Avenue/Paseo Ranchero shall include a partial grading of the area
that would accommodate the eastbound on-ramp and off-ramp and the
westbound on-ramp of the future grade separated intersection. The
elevations and extent of the required grading shall be determined
by the City Engineer to~ (l) allow in the future the construction
of any additional grading necessary for the ultimate intersection
configuration, and (2) construct the Poggi Canyon Channel at its
ultimate location.
70 . Prior to approval of the grading and/or improvement plans
proposing the construction of the culvert under La Media Road at
the crossing with the Telegraph Canyon Channel, the developer shall
submit a study acceptable to the City Engineer demonstrating that
the proposed culvert will be capable of handling the design flow in
the event said culvert needs to be extended in the future in
conjunction with the grading for a grade separated intersection at
Telegraph Canyon Road/Otay Lakes Road.
71. Unless otherwise approved by the City Engineer, the developer
shall provide an underground storm drain connecting the cleanout in
Park P-9 to the Telegraph Canyon Channel Drainage easements shall
be provided as required by the City Engineer.
SEWER
72. Provide an improved access road with a minimum width of 12
feet 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.
73. Grant on the appropriate final "B" Map a 20 feet minimum
sewer and access easement for sewerlines located between
residential units unless otherwise directed by the City Engineer.
All other easements shall meet City standards for required width.
PARKS/OPEN SPACE/WILDLIFE PRESERVATION
General
74. The SPA one project shall satisfy the requirements of the Park
Land Dedication Ordinance (PLDO). The ordinance establishes a
requirement that the project provide three (3) acres of local parks
and related improvements per 1,000 residents. Local parks are
comprised of community parks and neighborhood parks. Pedestrian
parks are an integral component of the plan and shall recei ve
partial park credit as defined below. A minimum of two thirds (2
acres/l,OOO residents) of local park requirement shall be satisfied
through the provision of turn-key neighborhood and pedestrian parks
within SPA One. The remaining requirement {l acre/l,OOO residents}
shall be satisfied through the payment of fees.
75. All local parks shall be consistent with the SPA One PFFP and
shall be installed by the Applicant. A construction schedule,
~ SCHEDULE 11111
requiring a~~ parks to be comple~e~ in a timely ma~~eY,
approved by ~he Director of Parks and Recreation.
, l l
sna__
be
76. All local parks shall be designed and constructed consistent
with the provisions of the Chula Vista Landscape Manual and related
Parks and Recreation Department specifications and policies.
77. The applicant shall enter into a Chula Vista standard three
party agreement with the City of Chula Vista and design
consultant(s), for the design of all aspects of the neighborhood
and community parks in accordance with the Master Plan whereby the
Parks and Recreation Director selects the design consultant(s), to
be funded by the applicant. The cost for the consultant(s) shall
be established and said amount deposited into an account prior to
any work being initiated by the consultant. The agreement shall
include, but not be limited to, master planning, design development
phase, construction document phase and construction supervision
phase for the park sites. The construction documents shall reflect
the then CULrrent requirements of the City'S Code/Landscape Manual
requirements.
78. The Applicant shall receive surplus park credit to the extent
the combined park credit for neighborhood parks, pedestrian parks,
the town square park and the community park exceeds the 3 acres per
1,000 residents standard. This s~~lus park credit may be utilized
by the Applicfu~t to satisfy local park requirements in future SPAs.
79. The Applicant and the City shall mutually agree on a PAD fee
reimbursement schedule in coordination with the adopted
construction schedule. Milestones will be established for partial
reimbursement during the construction process. The City may
withhold up to 20% of the park construction Iunds until the park
has been completed and accepted. Reimbursement of PAD fees shall
include the interest accrued by the City on said PAD fees minus the
Ci ty' s cost of processing and administering this reimbursement
program.
80. Grant in fee all designated public park lands at such time as
is necessary to implement the requirements of the PLDO and 'c.he
PFFP.
81. Pedestrian Parks (also known as mini-parks): Pedestrian parks
less than five acres, as identified in the SPA One Plan, shall be
maintained by a funding entity other than the City's General Fund.
Pedestrian parks shall receive a minimum of 25% and a maximum of
50% park credit, as determined by the Director of Parks and
Recreation pursuant to the City wide small park credit criteria
which shall be approved by the City Council.
82. Neighborhood Parks:
a. In addition to those PAD fees required by Condition No.
83, the Applicant shall pay PAD fees based on a formula
of 2 acres per 1,000 residents for the first 500 dwelling
~~its. In the City's sole discretion, PAD fees may be
J..1 SCHEDULE "1"
required for units in excess of the first 500 dwellin~
units.
b. Prior to the approval of the first final map which
creates residential lots ("B" Map), the applicant shall
enter into a supplemental agreement where the applicant
agrees to construct the first neighborhood park in SPA
One, in a location determined by the Director of Parks
and Recreation, no later than issuance of the building
permit for the SOOth dwelling unit. The agreement shall
also provide the following:
(l) The level of amenities required in the first phase
of construction of the first neighborhood park
shall be determined by the Director of Parks and
Recreation in conjunction with the park master
planning effort required by the City of Chula Vista
Landscape Manual. Said level of amenities shall be
equivalent to five acres of neighborhood park
improvements as described in the PLDD ordinance and
the Park Master Plan as approved by the Director of
Parks and Recreation. The applicant shall complete
construction of the first phase of the first
neighborhood park within six (6) months of
commencing construction of said park.
(2) Prior to issuance of the building permit for the
llSOth dwelling unit, the Director of Parks and
Recreation shall determine the level of amenities
required for the second phase of construction of
this park consistent with the PLDD and the Park
Master Plan, or in lieu of the second phase,
require the construction of another neighborhood
park at a different location. If the applicant
cannot build a park at a different location chosen
by the Director of Parks and Recreation, the City
may require the applicant to pay PAD fees.
(3) At no time following completion of construction of
the first phase of the first neighborhood park
shall there be a defici t in "constructed
neighborhood park" based upon 2 acres/l, 000
residents. Applicant agrees that the City may
withhold the issuance of building permits should
said deficit occur. For purposes of this
condition, the term "constructed neighborhood park"
shall mean that construction of the park has been
completed and accepted by the Director of Parks and
Recreation as being in compliance with the Park
Master Plan, but prior to the mandatory 9-12 month
maintenance period. This condition is not intended
to supersede any of the City's maintenance
guarantee requirements.
(4) The Applicant shall receive reimbursement of PAD
fees, proportionate to what has been constructed,
?F SCHEDULE
"1"
should they delive= a turn-key park which has been
construct:.ed in a::cordance with the Parks Master
Plan.
c.
The applicant shall grant to the City, at the "A"
stage, an irrevocable offer of dedication for
neighborhood parks shown on the Tentative Map.
Map
all
83. Community Parks:
a. Prior to the approval of each final "B" Map the Applicant
shall pay PAD fees for the Community Park based upon a
formula of 1 acre per 1, 000 residents, until such time
as a turn-key facility r~s been accepted by the Director
of Parks and Recreation. Said turn-key facility is
subject to the reimbursement mechanism set forth below.
b. The first Otay Ranch Community Park, to satisfy SPA One
demand, shall be located in Village 2 as identified in
t:he GDP.
c. The Applicant shall identify the relocation, ~I any, of
t:.he Village 2 Otay Ranch Communit:y Park prior to issuance
0= the building permit for the l,150th dwelling unit.
Said relocation may require an amendment to the Otay
Ranch General Development Plan.
d. Notwithstanding that the community park requirement (1
acre/1,OOO residents) shall be satisfied through the
paYment of PAD fees, the Applicant shall commence
construction of the first phase of the Community Park
prior to issuance of the building permit for the 2,650th
dwelling unit. The first phase of construction shall
include, but not be limited to, improvements such as a
graded site with utilities provided to the property line
and an all weather access road acceptable to the Fire
Department.
e. The Applicant shall commence construction of the second
phase of the Community Park prior to issuance of the
building permit for the 3,OOOth dwelling unit. Second
phase improvements shall include recreational amenities
as identified in the Park Master Plan.
f. The Community Park shall be ready for acceptance by the
Director of Parks and Recreation for maintenance prior to
issuance of the building permit =or the 3,900th dwelling
u....li t .
g. If the Director of Parks and Recreation determines that
it is not feasible for the Applicant to commence
construction of the first phase improvements of the
community park prior to issuance of the building permit
for the 2, 650th unit, then the Director of Parks and
Recreation shall have the option to utilize the PAD fees
for said improvements, or to construct another park
~1
SCHEDULE "1"
facility, east of the 1-805 Freeway within ~~ acceptable
se~ice radius of SPA One, as se~ forth in the GDP.
h. The Applicant shall provide a ma~ntenance period of 9-~2
months in accordance with the City of Chula Vista Parks
and Recreation Department policy.
i. The Applicant shall receive reimbursement of PAD fees,
proportionate to what has been constructed, excluding the
cost of construction of the all weather access road, -for
the community park should they deliver a turn~key
facility to the City in accordance with the Community
Park Master Plan.
84. Trails/Open Space:
a.
b.
d.
e.
All trails shall connect to adjoining existing and/or
proposed trails in neighboring development projects, as
determined by the Director of Parks and Recreation.
The two connector trails from Neighborhoods R-24 and R-25
in Village Five to Telegraph Canyon Road shall be
combined into one trail in Open Space Lot 37 and shall
co~~ect to the regional trail in one location.
,...
-- .
The maximum gradient for connector trails shall be 10%.
Steeper grades of up to 12% for short runs of 50 feet may
be permitted subject to the approval by the Parks and
Recreation Director.
The graded section upon which the connecting trails are
constructed shall be lO feet in width. Six feet shall be
provided for the trail bed, with a 2 foot graded shoulder
on either side.
Landscape and irrigation plans for the transit right-of-
way shall be reviewed and approved by the Parks and
Recreation Director in conjunction with the landscape
plans for East Palomar Street.
85. Communitv Gardens:
a. Community Gardens shall be consistent with the guidelines
in the SPA One Parks, Recreation, Open Space and Trails
Master Plan, including creation of the Community Garden
Committee and their responsibilities.
b. Water lines shall be stubbed from the nearest open space
water meter to the site(s) in order to facilitate
development of the Community Gardens.
c. Community Garden sites shall be consistent with those
identified on the tentative map.
d. Maintenance of Community Gardens shall be funded by an
Open Space Maintenance District, Homeowner's Association
r;3() SCHEDULE "1"
O~ other funding mechanism app~oveQ DY the Director c:
?a~ks and Recreation an~ the Ci~y Engineer.
e. Community Gardens sha~: no~ receive park credit.
OPEN SPACE/ASSESSMENTS
86. Prior to the approval of the first final "B" Map, the
developer shall:
a. Submi t and obtain approval of the SPA One Open Space
Master Plan from the Director of Parks and Recreation.
The Open Space Master Plan shall be based upon the
approved Concept and Analysis Plan, the requirements of
which are outlined in the City of Chula Vista Landscape
Mw~ual and include but are not limited to elements such
as final recreational trail alignments and fencing and
phasing.
b. Request the formation of an Open Space District pursuant
to the 1972 Landscaping & Lighting Act for the Otay
Valley Parcel of the Otay Ranch. This district formation
shall be submitted to Council for consideration prior to
approval of the first final ~~ map. Maintenance of the
open space improvements shall be accomplished by the
developer for a minimum period of one year or until such
time as accepted into the open space district by the
Director of Parks and Recreation. If Council does not
approve the open space district formation, some other
financing mechanism shall be identified and submitted to
for consideration prior to approval of the first final
map.
c. Submit evidence acceptable to the City Engineer and the
Director of Parks and Recreation of the formation of a
Master Homeowner's Association (MHOA), or another
financial mechanism acceptable to the City Manager, which
includes all the properties within the approved tentative
map prior to approval of the first liB" Map. The M:-iOA
shall be responsible for the maintenance of the
improvements listed below. The City Engineer and the
Director of Parks and Recreation may require that some of
those improvements be maintained by the Open Space
District. The final determination of which improvements
are to be included in the Open Space District and those
to be maintained by the MHOA shall be made during the
Open Space District Proceedings. The MHOA shall be
structured to allow alli~exation of future tentative map
areas in the event the City Engineer and Director of
Parks and Recreation require such annexation of future
tentative map areas. The MHOA formation documents shall
be approved by the City Attorney.
d. Submit a list of all Otay Ranch SPA One facilities and
other items to be maintained by the proposed district.
Separate lists shall be submitted for the improvements
and facilities to be maintained by the Open Space
3/
SCHEDULE "l"
District and those ~o be maintained by a Master
Homeowner's Associatio~. Include a description, quantity
and cost per year for ~~e perpe~ual maintenance of said
improvements. These :'ists shall include but are no't.
limited to the followin3 facilities and improvements:
(1) All facilities located on open space lots to
include but not be limited to: walls, fences, water
fountains, lighting structures, paths, trai_ls,
access roads, drainage structures and landscaping.
Each open space lot shall also be broken down by
the number of acres of turf, irrigated, and non-
irrigated open space to aid in the estimation of a
maintenance budget thereof.
(2) Medians and parkways along East Orange Avenue
(onsite and offsite), Paseo Ranchero, La Media
Road, East Palomar Street (onsite and offsite) and
all other street parkways proposed for maintenance
by the open space district or Homeowners I
Association.
(3) The proposed deten't.ion basin in Telegraph Canyon
and the fair share of the maintenance of the
existing naturalized Telegraph Canyon Channel east
of Paseo Ladera as determined by the City Engineer
based on the proportional benefit received from the
improvements. This includes but is not limited to
the cost of maintenance and all cost to comply with
the Department of Fish and Game and Corps of
Engineers permit requirements.
(4) The proposed detention basin and naturalized
channel in Poggi Canyon. This includes but is not
limited to the cost of maintenance and all cost to
comply with the Department of Fish and Game and the
Corps of Engineers permit requirements.
(5) Community Gardens
(G) Pedestrian Bridges.
(7) The proportional share of the maintenance of the
median and parkways along that portion of Telegraph
Canyon Road adjoining the development as determined
by the City Engineer.
(8) All proposed facilities and improvements (excepting
street improvements) within the GO-foot wide
easement to be dedicated to the City for right-of-
way at the following locations: (1) between
Neighborhoods R-8 and R-9, and (2) at the proposed
connection to EastLake Parkway (between the two
Otay Water District Parcels.
'3 ~ SCHEDlJ""LE II 111
d. Submit an initial deposi~ of $15,000 to begin Lhe process
0= formation of the ope~ space district. All costs 0=
fo~ation and other C05~S associated with the processing
of -che open space rela-:.ing to -:.his proj ect: shall be
borne by the developer.
e. Provide all the necessary information and materials
(e. 9 . , exhibits, diagrams, etc.) as determined by the
City Engineer to prepare the engineer's report for the
proposed open space district.
87. Include in the CC&R's, if applicable, the obligation of the
Homeowners' Association to maintain all the facilities and
improvements within the open space lots rejected by the City prior
to the approval of the final map containing said lots.
88. Grade a level, clear area at least three feet wide (face of
wall to top of slope), along the length of any wall abutting an
open space district lot, as measured from face-of-wall to beginning
of slope, said area as approved by the City Engineer and the
Director of Parks and Recreation.
89. Ensure thaL. all buyers of lots adjoining open space lots
containing walls maintained by the open space district sign a
statement, when purchasing their homes, stipulating that they are
aware that the walls are on City property and that they shall not
modify or supplement the wall or encroach onto City property.
These restrictions shall also be incorporated in the CC&R's for
each lot.
90. Agree to not protest formation or inclusion in a maintenance
district or zone for the maintenance of landscaped medians and
scenic corridors along streets within and adjacent to the subject
subdivision.
91. Grant in fee to the City on the appropriate final map, all
open space lots shown on the ten"Cative map and execute and record
a deed for each of the lots to be maintained by the City through
the open space district. Provide on the final map a certificate,
pursuant to section 66477.2(a) of the Subdivision Map Act,
rejecting those open space lots to be maintained by the Homeowner's
Association.
92. Provide documentation, prior to the approval of the' first
final "B" Map, to the Director of Planning and the City Engineer
that an annexable Mello-Roos District, or other financing mechanism
approved by -che Sweetwater High School Dis-crict and the Chula Vista
Elementary School District has been established to provide for
construction of schools.
93. Fund the revision of the Public Facilities Development Impact
Fee (PFDIF) Program, which shall be prepared by the City, as
directed by the City Manager or his designee, and approved by the
City Council prior to approval of the first final "B" Map. The
developer shall receive 100% credits towards future PFDIF fees for
funding this update. Provide a deposit of $20,000 to begin this
3~ SCHEDu"LE "1"
pyocess. All cost of yevising ~he PFDI? shall be boyne by ~he
developer.
9~. Prior ~o issuance of any grading permit which incluaes
Landscaping and Irrigation (L & I) improvements to be installed in
an open space lot to be maintained by the open space district, ~he
developer shall place a cash deposit with the City which will
guarantee the maintenance of the L & I improvements, prior to City
acceptance of said improvements, in the event the improvements. are
not maintained to City standards as determined by the City Engineer
and the Director of Parks. and Recreation. The amount or the
deposit shall be equivalent to the estimated cost of maintaining
the open space lots to City standards for a period of six months as
determined by the City Engineer. Any unused portion of said
deposit could be incorporated into the open space district's
reserve at such time as the maintenance of the open space lot is
assumed by the open space district.
WATER
95. Provide to the City a letter from Otay Municipal Water
District indicating that the assessments/bonded indebtedness for
all parcels dedicated or granted in fee to the City have been paid
or that no assessments exist on the parcel(s).
96. Presen~ verification to the City Engineer in the form of a
letter from Otay Water District that the subdivision will be
provided adequate water service and long term water storage
facilities.
EASEMENTS
97. Grant to the City a lO' wide easement for general utility
purposes along public street frontage of all open space lots
offered for dedication to the City unless otherwise approved by the
City Engineer.
98. Indicate on the appropriate liB" Map a reservation of easements
to the future Homeowners' Association for private storm drain and
private sewer facilities within open space lots as directed by tbe
City Engineer.
99. Obtain, prior to approval of any final "B" Map, all off-site
rigbt-of-way necessary for the installation of the required
improvements for that subdivision thereto. The developer shall
also provide easements for all on-site and off-site public drainage
facilities, sewers, maintenance roads, and any other public
facilities necessary to provide service to ~he subject subdivision.
100. Notify the City at least 60 days prior to consideration of the
final map by City if off-site right-of-way cannot be obtained as
required by the Conditions of approval. (Only off-site right-of-
way or easements affected by Section 66462.5 of the Subdivision Map
Act are covered by this condition.)
After said notification, the developer shall:
3cf SCHEDULE "1"
a. Pay the full cost of aC~Jiring off-site righ~-of-way or
easements required by ~he Condi~ions of Appyoval of the
te:1tative map.
b. Deposit with the City ~he estimated cos~ of acquiring
said right-of-way or easements. Said estimate to 1Je
approved by the City Engineer.
c. Have all easements and/or right-of-way documents _and
plats prepared and appraisals complete which are
necessary to commence condemnation proceedings as
determined by the City Attorney.
d. Request that the City use its powers of Eminent Domain to
acquire right-of-way, easements or licenses needed for
off-site improvements or work related to the final map.
The developers shall pay all costs, both direct and
indirect incurred in said acquisition.
The requirements of
accomplished prior to
Final Map.
a,
the
b, and
approval
c above shall be
of the appropriate
101. Grant easements to subsequent owners pursuant to Section
18.20.150 of the City Code on any final map that proposes private
u~ilities or drainage facilities crossing property lines as
directed by the City Engineer.
102. Grant to City on the appropriate final ~~ Map two foot access
easements along the rear and side property line of lots adjoining
walls to be maintained by the open space district. The locations
of these easements shall be as required by the Director of Parks
and Recreation and the City Engineer to provide adequate access for
maintenance of said walls.
AGREEMENTS/FINANCIAL
103. Enter into a supplemental agreement with the City, prior ~o
approval of each final "B" Map, where the developer agrees to the
following:
a. That the City may withhold building permits for the
subject subdivision if anyone of the following occur:
(1) Regional development threshold limits set by the
adopted East Chula Vista Transportation Phasing
Plan have been reached.
(2) Traffic volumes, levels of service, public
utilities and/or services exceed the threshold
standards in the then effective Growth Management
Ordinance.
(3) The applicant does not comply with the terms of the
Reserve Fund Program.
3[} SCHEDULE "1"
b. ':'ha:. the C:.:.y may W:.':':-_"':;:).l..C .:::>Ul_::.::.ng pe::-rr.:.:.s -,...,... a::y --
:':le phases 0:: deve:"::p7l1ent i:5.=:l~if iec - -. :'!l~ ?1.l~~':' =
Facilities Financing ~:a= (?FF?' fc~ O~ay Ra~=~ S?A ~~~
~= :.ne ~eq~i~ed facil~:.~es, as i6en~ified i~ :.he ???? =~
as amended by -:.he Ar>...:::..:al Moni :.oying Prog-yam, have :1;:):'
been completed.
c. Defend, indemnify, and hold haYIDless the City and ::.:.s
agents, officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or
employees to attack, set aside, void or annul any
approval by the City, including approval by its Planning
Commission, City Councilor any approval by its agents,
officers, or employees with regard to this subdivision
provided the City promp:.ly notifies the subdivider of any
claim, action or proceeding and on the further condition
that the City fully cooperates in the defense.
d. Hold the City harmless from any liability for erosion,
sil tation oy increase flow of drainage :r-esul ting f:::-om
~ , ..
-:.nlS proJect.
e. Ensure tha-:. all franchised cable television companies
("Cable Company") are permitte::i equal opportunity :'0
place conduit and p:r-ovide cable television service :'0
eacn 10:' on public s:.yeets .....-i -:hin -:.he s'..lbdi -.-isio::.
Res:.rict access to the conduit :'0 only those franchised
cable television companies who are, and remain in
compliance with, all of the terms and conditions of the
franchise and which are in further compliance with all
other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable
television companies as same may have been, or may f:r-om
time to time be issued by the City of Chula Vista.
f. Include in the Articles of Incorporation o:r- Charter =oy
-:.he Homeowners' Associa:.ion (HOA) provisions prohibiting
the HOA from dedicating or conveying for public stree:.s,
land used for private s:.yeets without approval of 100% of
all the BOA members.
104. Enter into an supplemental agyeemen:. with the City prior :'0
app:r-oval of the first final "B" Map, where the develope:r- agrees to
the following:
a. ?ar:icipate, on a fair share basis, in a.."1Y deficiency
p.l.a:1 or fi:1ancial program adop:.ed by SA..l'IDAG -:0 comply
with the Congestion Management ?rogram (CMP).
b. To not protest the formation of any future regional
impact fee program or facilities benefit district to
finance the construction of coryectional facilities.
105. Prior to the app:r-oval of the first final map after January 11,
2000, as pe:r- Section 1 of the Telegraph Canyon Estates Affordable
Housing Agreement adopted by Resolution No. 17737, the applica:::.
31/ SCHEDULE "1"
s~all gran~ in fee three (3) ac~es of buildable land accep~able ~c
the City of Chula Vista within Village One of SPA One of the O~ay
Ranch in order to satisfy the affordable housing implementatio~
measure contained in the approved O~ay Ranch GDP (ref. GDP; Section
3.2, Pg. 242) and the terms of an existing agreemen~ adopted by
Resolution No. 17737. In addition, said existing agreement, da~ed
December 1, 1995, shall be amended to permit the land dedication
within Village One.
106. Prior to approval of the first "A" Map, or as otherwise
determined by the Director of Planning, wi thin SPA One. and
consistent with the City's Housing Element, Ranch-Wide and SPA One
Affordable Housing Plans, the applicant shall enter into and
execute with the City an Affordable Housing Agreement ("SPA One
Affordable Housing Agreement") containing, but not limited to, the
following provisions: (a) The obligation to provide the total
number of low and moderate income units reqUired under the City's
ATfordable Housing Program, based on the number of dwelling units
contained within the Master Tentative Map for SPA One; (b)
Identify the overall number of dwelling units within the Master
Tentative Map for which the applicant can receive final map
approval prior to the applicant selecting and guaranteeing, to the
City's satisfaction, final affordable housing site(s); (c) The
number of dwelling units within the master tentative map area which
can receive building permit authorizations prior to the applicant
obtaining building permits for a specified number of the reqUired
low income units; and (d.) A description of what information must
be provided in subsequent Project Level Affordable Housing
Agreements. Upon its approval by the Ci ty , the terms and
conditions of the SPA One Affordable Housing Agreement shall become
conditions of this Resolution, and is hereby incorporated herein.by
this reference.
107. The Applicant shall pay, prior to approval of the first "B"
Map, their proportional share, as determined by the Director of
Parks and Recreation, of a collaborative study analyzing local park
needs for the area east of the I-80S Freeway.
108. The applicant shall enter into an agreement with the City,
prior to approval of each final "B" Map, where the applicant agrees
to ensure that all insurance companies are permitted equal
opportunity to go out to bid to provide a Cooperative Homeowner's
Insurance Program (CHIP).
109. Prior to the approval of the first final "B" Map, the
developer shall submit and obtain approval by the City Engineer of
an "Improvement Phasing Schedule" which will identify the timing of
construction of all backbone facilities noted in the following
table. The Improvement Phasing Schedule shall be consistent with
the PFFP.
COST ITEM TO BE INCLUDED IN
FINANCING PLAN
FACILITY
31 SCHEDULE "1"
*Acquisition/Dedication of East Palomar S~::-eet betwee:l
offsite right of way Paseo Ra.'"lchero and La Media Roa::.
*Construction of full street and between La Media Road and
improvements East Orange Avenue
*Acquisition/Dedication of the Paseos in Villages One and Five
offsite portions of open space incl uding the paseo between
lots containing the paseos Neighborhoods R-8 and R-9
* Construction of full pas eo
improvements
* Payment of Telegraph Canyon For areas covered by: backbone
Basin Drainage DIF streets and all common areas
which include, but are not
limited to: parks, schools,
paseos and open space lots
* Construction of pedestrian Pedestrian bridge connecting
bridges Village One to Village Five,
Village One to Village Two and
Village Five to Village Six
*Removal of temporary "Temporary Roadway" ( Santa
improvements Madera Avenue between Telegraph
*Restoration of the area to Canyon Road and Morgan Hill
original conditions Drive
*Construction of full street Permanent public road connecting
improvements Filmore Street to East Orange
Avenue
*Construction of full Transit stop facilities in
improvements Villages One and Five
*Acquisition/Dedication of Poggi Canyon Channel (onsite and
offsite drainage easement offsite) and detention basin
* Construction and maintenance
(prior to City acceptance)
* Construction and maintenance Telegraph Canyon Channel
(prior to City acceptance) detention basin
*Acquisition/Dedication of Poggi Canyon Sewer Interceptor
offsite sewer easement (onsite and offsite)
*Upgrading of the existing Poggi
Canyon Interceptor required to
accommodate C.V.T. 96-04 flows
*Construction of the
improvements required to connect
C.V.T 96-04 to the existing
Poggi Canyon sewer improvements
(near 1-805)
*Installation of interconnect Traffic signals along Telegraph
wiring Canyon Road at the intersections
with St. Claire Drive, Otay
Lakes Road and Paseo Ranchero
*Construction of full Open space lots
landscaping and irrigation
improvements
*Construction of full trail Regional trail system
improvements
56sCHEDULE "l"
Security satisfactory to the City shall be provided for the above
backbone facilities when thei= construction is triggered as
identified in the approved Improvement Phasing Schedule.
In addition to the foregoing, security sa~isfactory to the City
shall be provided to guarantee tne construction of the following
First Phase Backbone Facilities:
1)
between
circles
village
One-half of the improvements in East Palomar Street
Pas eo Ranchero and La Media including the two full traffic
in Village One prior to approval of the first "B" Map- for
One.
2) The remaining improvements in East Palomar Street within
Village One at the time the trigger point is reached in the PFFP
for the corresponding "B'I Map.
3) Full improvements in East Palomar Street between La Media
and East Orange Avenue in Village Five a~ the time the trigger
point is reached in the PFFP for the corresponding "B" Map.
4) Fair share of full improvements for the pedestrian bridge
connecting Village One to Village Five and fair share of one half
of the improvements for the pedestrian bridges connecting Village
One to Village Two and Village Five to Village Six, prior to the
approval of ~he first final "B" Map.
The amount of the security for the above noted improvements shall
be 110% times a construction cost estimate approved by the City
Engineer if improvement plans have been approved by the City, 150%
times the approved cost estimate if improvement plans are being
processed by the City or 200% times the construction cost estimate
approved by the City Engineer if improvement plans have not been
submitted Ior City review. A lesser percentage may be required if
it is demonstrated to the satisfaction of the City Engineer that
sufficient data or other information is available to warrant such
reduction.
SCHOOLS
110. Prior to the approval of the first final "B" Map, the
applicant shall prepare and submit an application for an amendment
to the Otay Ranch General Development Plan replacing the Village
Seven High School location with a site in either the area west of
Paseo Ranchero in Village One or the northern portion of Village
Two. The applicant shall enter in~o a supplemental agreement prior
to approval of the first final map in which applicant agrees to the
following: The City shall not issue building permits for more than
1,400 units within SPA One until ~he City has acted on the proposed
plan amendment unless the Distric~ consents to the further issuance
of such permits. The Applicant shall deliver to the School District
a graded high school site including utilities provided to the site
and an all weather access road acceptable to the District prior to
issuance of the 2,650th building permit (504 students) or upon
written request by the District not prior to 1,800 permits. The
all weather access road shall also be acceptable to the Fire
81 SCHEDUT...E "1"
Department. This schedule is subject to mo~ification by ~he School
District as based on District facility needs.
111. The Applicant shall deliver ~o the School District, a graded
elementary school site including utilities provided to the site and
an all weather access road acceptable to the District, located
within Village One, prior to issuance of the 500th residential
building permit (l50 students). The all weather access road shall
also be acceptable to the Fire Department. This schedule is
subject to modification by the School district as based on District
facility needs.
ll2. The Applicant shall deliver to the School District, a graded
elementary school site including utilities provided to the site and
an all weather access road acceptable to the District, located
within Village Five, prior to issuance of the 2,500th residential
building permit (750 students). The all weather access road shall
also be acceptable to the Fire Department. This schedule is
subject to modification by the School District as based on District
facility needs.
ll3. The applicant shall deliver to the School District, a graded
elementary school site including utilities provided to the site and
an all weather access road acceptable to the District, located west
of Paseo Ranchero, prior to issuance of ~he 4,500th residential
building permit (1,350 students). The all weather access road
shall also be acceptable to the Fire Department. This schedule is
subject to modification by the School District as based on District
facility needs.
MISCELLANEOUS
ll4. Include in the Declaration of Covenants, Conditions and
Restrictions (CC&R IS) provisions assuring maintenance of all
streets I driveways, drainage and sewage systems which are private.
The City of Chula Vista shall be named as party to said Declaration
authorizing the City to enforce the terms and conditions of the
Declaration in the same manner as any owner within the subdivision.
The CC&R I S shall also include language which states that any
proposal by the HOA for dedication or conveyance for public
purposes of land used for private streets will require prior
written approval of 100% of all the Homeowners' Association
members.
ll5. Submit copies of Final Maps and improvement plans in a digital
format such as (DXF) graphic file prior to approval of each Final
Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the
information in accordance with the City Guidelines for Digital
Submittal in duplicate on 5-.1/4" HD or 3-1/2" disks prior to the
approval of each Final Map.
116. Tie the boundary of the subdivision to the California System
-Zone VI (1983).
117. Prior to approval of the first final map within each Village,
the developer shall submit and obtain the approval of the City of
1d SCHEDULE "1"
a master final map ("A" Map) ove:::- the por-=ion of the tentative map
within each Village area showing "super block" lots corresponding
to the unit:.s and phasing or combinatio:l of units and phasing
-=hereof. Said "A" map shall also show the backbone st:.reet:.
dedications and utility easemen-=s required to serve t:.he "supe:::-
blockll lots. All IIsuper block I! lots created shall have access t:.o
a dedicated public street. Said "All map shall not be considered
the first map as indicated in other conditions of approval unless
said map contains single or multiple family lots or a subdivision
of the multiple family lots shown on the tentative map. A lot line
adjustment, if utilized in accordance with City standards and
procedures, shall not b~ considered the first "A" Map.
The subsequent development of a multiple family lot which does not
require the filing of a IIBI! Map shall meet, prior to issuance of a
building permit for that lot, all the applicable conditions of
approval of the tentative map, as determined by the City Engineer.
Construction of non-backbone streets adjacent to multiple family
lots will not need to be bonded for with the final IIAt. Map which
created such lot. However, such improvements will be required to
be constructed under the Municipal Code provisions requiring
construction of street improvements under the design review and
building permit issuance processes.
In the event of a filing of a final map which requires oversizing
(in accordance with the restrictions of state law and City
ordinances) of the improvement:.s necessary to serve other
properties, said final map shall be required to install all
necessary improvements to serve the project plus the necessary
oversizing of facilities required to serve such other properties.
118. Signage shall be provided at Bouquet Canyon Drive and the
pedestrian paseo in Village Five and at Stanislaus Drive and the
pedestrian paseo in Village One which alerts motorists to a
pedestrian mid-block crossing. A signage plan indicating the
location and content of said signs shall be reviewed and approved
by the Planning Director prior to approval of the appropriate final
IIBII Map, as determined by the Planning Director and City Engineer.
119. The Applicant shall secure approval of a Master Precise pl~~
for the Village One and Village Five Core Areas, prior to
submitting any development proposals for commercial, multi-family
and Community Purpose Facility areas within the SPA One Village
Cores.
120. Pursuant to the provisions of the Growth Management Ordinance
(Section 19.09 of the CVMC) and the Otay Ranch General Development
Plan (GDP), the Applicant shall complete the following: (1) Fund
the preparation of an annual report monitoring the development of
the community of Otay Ranch. The annual monitoring report will
analyze the supply of, and demand for, public facilities and
services governed by the threshold standards. An annual review
shall commence following the first fiscal year in which residential
occupancy occurs and is to be completed during the second quarter
of the following fiscal year. The annual report shall adhere to
those guidelines noted on page 353, Section D of the GDP/SRPi and
1/
SCHEDlJLE 11111
(2) Prepare a five year development phasing forecast identifyinS
targeted submittal dates for :::u::ure discretionary applications
(SPAs and tentative maps), projected construction dates,
corresponding public facility ::.eeds per the adopted thresholc.
standards, and identifying financing options for necessary
facilities.
l21. The owners of each Village shall be responsible for retaining
a project manager to coordinate the processing of discretionary
permit applications originating from the private sector and
submitted to the City of Chula Vista. The project manager shall
establish a formal submittal package required of each developer to
ensure a high standard of design and to ensure consistency with
standards and policies identified in the adopted SPA Plan. The
project manager shall have a well rounded educational background
and experience, including but not limited to land use planning and
architecture.
122. The applicant shall submit copies of any proposed CC&R's for
review and approval by the Director of Planning and the City
Engineer prior to approval of each final "B" Map.
123. Fully accessible handicap access shall be provided at the ends
of the following cul-de-sacs: ]....rteria Street, Glendora Court,
Calistoga Avenue, Monte Sereno Avenue, Antioch Avenue, Coalinga
Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live
Oak Street, Marion Court, Lodi Court, Larkspur Court, Santa Lucia
Road, Parker Mountain Road, Geyserville Street, Escalon Court,
Sheep Ranch, Meeks Bay Drive, Harrills Mill Avenue and Volcano
Creek Road.
Access via stairs shall be provided at the ends of the following
cul-de-sacs: Stanislaus Drive, Amador Street, Woods ford Court,
Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court,
Cache Creek Road, Jedediah Road, Kingsburg Avenue, and Lassen Peak
Street
124. The CPF-2 site located within Village One, shall be considered
a floating designation and shall be located in Neighborhood R-15.
Project design for this site will be submitted, reviewed and
approved by the Director of Planning concurrently with the Precise
Plan for this area.
125. If developer desires to do certain work on the property after
approval of the tentative map but prior to recordation of the
applicable final "B" Map, they may do so by obtaining the required
approvals and permits from the City. The permits can be approved
or denied by the City in accordance with the City'S Municipal Code,
regulations and policies. Said permits do not constitute a
guarantee that subsequent submittals (i. e., final liB" Map and
improvement plans) will be approved. All work performed by the
developer prior to approval of the applicable "B" Map shall be at
developer 1 s own risk. Prior to permit issuance, the developer
shall acknowledge in writing that subsequent submittals (i. e. ,
final "B" Map and improvement plans) may require extensive changes,
at developers cost, to work done under such early permit. The
IJ-SCHEDULE "1"
aeveloper shall pos~ a bond or other security acceptable to the
C~ty in a~ amount determined by the City to guarantee ~he
rehabilitation of the land if the applicable final "3" Map does n::)':
~ecord.
PHASING
l26. If the applicant modifies the SPA One approved phasing plan,
the applicant shall submit to the City a revised phasing for review
and approval prior to approval of the first final lEI Map. The
PPPP shall be revised where necessary to reflect the revised
phasing plan -
l27. If phasing is proposed within an individual map or through
multiple final maps, the developer shall submit and obtain approval
for a development phasing plan by the City Engineer and Director of
Planning prior to approval of any final map. Improvements,
facilities and dedications to be provided with each phase or unit
of development shall be as determined by the City Engineer and
Director of Planning. The City reserves the right to require said
improvements, facilities and/or dedications as necessary to provide
adequate circulation and to meet the requirements of police and
fire departments. The City Engineer and Planning Director may, at
their discretion, modify the sequence of improvement construction
should conditions change to warrant such a revision.
128. The Public Facilities Finance Plan or revisions hereto shall
be adhered 1:0 for the SPA and t:entative map with improvements
installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista. The PPFP
identifies a facility phasing plan based upon a set of assumptions
concerning the location and rate of development within and outside
of the project area. Throughout the build-out of SPA One, actual
development may differ from the assumptions contained in the PFFP
(i.e., the development of EastLake III). Neither the PPPP nor any
other SPA One document grant the Applicant an entitlement 'to
develop as assumed in the PFFP, or limit the SPA One's facility
improvement requirements to those identified in the PFFP.
Compliance with the City of Chula Vista threshold standards, based
on actual development patterns and updated forecasts in reliance on
changing entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to
serve such development. In addition, the sequence in which
improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan or amendment to the Growth
Management Program and Ordinance adopted by the City. The City
Engineer may modify the sequence of improvement construction should
conditions change to warrant such a revision. Concurrent with the
approval of the first final map approved after the PFFP for the
EastLake III GDP Area, the Applicant shall update, at the
Applicant's expense and subject to a Reimbursement Agreement, the
SPA 1 PFFP ~~d agrees that the City Engineer may change the timing
of construction of the public facilities, including without
limitation, the nature, sizing, extent and timing for the
construction of public facilities caused by SPA One, shall become
a condition for all subsequent SPA One entitlements, including
tentative and final maps.
1f5 SCHEDULE "1"
CODE REQUIREMENTS
129. Comply with all applicable sectio~s of the Chula Vista
Mlli~icipal Code. Preparation of :he Final Map and all plans shall
be in accordance with the provisions of the Subdivision Map Act and
the City of Chula Vista Subdivision Ordinance and Subdivision
Manual.
130. Underground all utilities within the subdivision in accordance
with Municipal Code requirements.
131. Pay the following fees in accordance with the City Code and
Council Policy:
a. The Transportation and Public Facilities Development
Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to
sewer connection fees.
d. Interim SR-125 impact fee.
e. Telegraph Canyon Sewer Basin DI?
f. Poggi Canyon Sewer Basin DIF as may be adoDted by the
City in the future.
g. Telegraph Canyon Basin Drainage DIF.
h. Reimbursement District for Telegraph Canyon Road Phase 2
Undergrounding.
i. Otay Ranch Reserve Fund fee.
Pay the amount of said fees in effect at the time of issuance
of building permits.
132. Comply wi th all relevant Federal, State, and Local
regulations, 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.
133. Ensure that prospective purchasers sign a "Notice of Special
Taxes and Assessments" pursuant to Municipal Code Section 5.46.020
regarding projected taxes and assessments. Submit disclosure form
for approval by the City Engineer prior to Final Map approval.
134. Comply with Council Policy No. 570-03 if pump stations for
sewer purposes are proposed.
135. Comply with Council Policy No. 522-02 regarding maintenance of
natural channels within open spaces.
136. The applicant shall comply with all aspects of the City of
Chula Vista Landscape Manual.
iff SCHEDULE "1"
137. The Applicant shall comply wi~h Chapter 19.09 cf the Chula
Vista Municipal Code (Growth MaLagement) as may be amended fyom
time to time by the City. Said cnap~er includes but is not limitec
to: threshold standards (19.09.0~) I public facilities finance plan
implementation (19.09.090) I and public facilities finance plan
amendment procedures (19.09.100).
The applicant acknowledges that the City is presently in the
process of amending its Growth Management Ordinance to add a
proposed Section 29.09.105, to establish provisions necessary to
ensure compliance with adopted threshold standards (particularly
traffic) prior to construction of State Route 125. Said provisions
will require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a
proposed development as a prerequisite to final map approval for
that development, and the applicant hereby agrees to comply with
adopted amendments to the Growth Management Ordinance.
138. Upon submittal of building plans Tor small lot single family
(5,000 square fee~ or less as defined in the City of Chula Vista
Design Manual) residential development, plans shall clearly
indicate that 750 square feet of priva~e open space will be
provided.
139. The applicaD~ shall apply for and receive a take permit from
the appropria~e resource agencies or comply with an approved MSC?
or other equivaleD~ 10(a) permit applicable to the property.
140. All proposed development shall be consistent with the Dtay
Ranch SPA One Planned Community District Regulations.
GUARDED AREAS
14l. The Tollowing locations as proposed by the applicant are
authorized Tor guarded entrances: Santa Ynez Avenue and Santa
Lucia Road in Village One, including the multi-family neighborhoods
R-20 and R-21; Santa Rosa Drive and Santa Paula Drive in Village
Five. Emergency access locations are au~horized at Morgan Hill
Drive between R-10 and R-11 in Village One, and Bouquet Canyon Road
between R-24 and R-25 in Village Five.
142. Guarded entrances shall not have physical barriers and shall
be staffed from dusk until dawn.
143. Parks located within guarded areas shall not receive park
credit.
144. All stree~s wi~hin guarded areas shall be designated as
private. Design of said streets shall mee~ the City standards for
public streets unless otherwise approved by the City Engineer.
Private street cross sections shall conform to those shown on the
Tentative Map.
145. All private streets shall be included in separate lots. The
applicant shall provide a certificate granting to the City a public
utility easement over the entire private street lots on the
appropriate Final "B" Map.
1/-6 SCHEDULE "1"
~Lr
':"_0.
Guarde~ en~~a~ces shall:
a. Requi~~ approval by ~n~ City Engineer and the Planning
D:.rector.
b. Provide sufficient room on the private roadway to queue
without interrupting traffic on public streets.
c. Provide a turn around. The size and location of said
turn around shall be approved by the City Engineer.-
d. Provide a clearly delineated border between public and
private streets through the use of distinctive pavements.
e. Provide a dedicated parking space for the gate attendant.
f. Be equipped with a video camera to record entering and
exiting vehicles.
147. The CC&R1s shall prohibit "speed bumps" on private streets.
The CC&R I s shall also include language which states that any
proposal by the BOA to delete staffing or to allow "speed bumps" in
the future shall require prior written approval of 100% of all the
Bomeowner1s Association members.
148. Physical barriers shall be nrohibited at the entrances to
guarded areas unless specifically approved by City Council.
149. Emergency entrances shall be provided with mechanical gates
and an "Opticom" system, or some other automated system with backup
and/or fail safe features acceptable to the Police and Fire Chief.
1.50. Prior to approval of any liB" Map proposing private streets,
the applicant shall initiate and complete the process enabling the
City to enforce the California Vehicle Code on said private
s~reets.
151. The M:~OA shall be responsible for the maintenance and
operation of all facilities within the common areas and streets
behind the guarded entrance. The facilities to be maintained
include, but are not limited to, pavements, sidewalks, street
trees, street lights including energy, street sweeping, private
drainage facilities and landscaping of private common areas. The
only facilities to be maintained by the City are mainline sewers
and public concrete drainage facilities (i. e., pipes and catch
basins) .
152. Future property owners shall be notified during escrow, by a
document to be initialed by the owners, and approved by the City
Engineer and Director of Planning, of the maintenance
responsibilities of the MEOA and their estimated annual cost.
f?: SCHEDULE "1"
...... ,~ ."~
COUNCIL AGENDA STATEMENT
Item
Meeting Date, 8/31/99
~v
ITEM TITLE:
A)
Resolution Approving Final "B" Maps for
Chula Vista Tract No. 96-04, Otay Ranch SPA One, Village
5, Units 2 and 4 (Portions of Neighborhoods R-34 and R-
37), Accepting on Behalf of the City of Chula Vista the
Assignable and Irrevocable General Utility and Access
Easements and the Wall Maintenance Easement on Said
Maps within Said Subdivision, Accepting on Behalf of the
City of Chula Vista the Dedication of Fee Interest of
designated land for the public open space purposes, and
Approving two "B" Map Subdivision Improvement
Agreements and authorizing the Mayor to Execute Said
Agreements.
B) Resolution Approving the Supplemental
Subdivision Improvement Agreement associated with the
final "B" Maps for Chula Vista Tract No. 96-04, Otay
Ranch SPA One, Village 5, Units 2 and 4 and authorizing
the Mayor to Execu~~. .S~d Agreement.
SUBMITTED BY: Director of Public works..!!!CLA
REVIEWED BY: City Manag~~~I~ (4/Sths Vote: Yes_NolO
Tonight, Council will consider the approval of the Final "B" Maps for Units 2 and 4 of Otay
Ranch Village 5 (CVT 96-04) and associated agreements. On April 20, 1999, Council approved
the "Agreement For Financing And Construction Of Olympic Parkway And Related Roadway
Improvements". The approval of subject Final Maps is consistent with the cumulative equ ivalent
dwelling units threshold established by said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
RECOMMENDATION: That Council approve the Resolutions: (A) approving the Final "B"
Maps and the "B" Map Subdivision Improvement Agreements; and (B) approving the
Supplemental Subdivision Improvement Agreement associated with the Final "B" Maps for
Village 5 Units 2 and 4 of the Otay Ranch Project. A separate item regarding Village 5 Unit 1
must be considered and approved prior to these final maps because the Unit 1 agreement
guarantees the backbone facilities needed to service these units. If the item regarding Unit 1 is
not approved, Council should postpone action on these items.
DISCUSSION:
On November 19, 1996, by Resolution No. 18398, Council approved the tentative map for Otay
Ranch, Village 1 and a portion of Village 5 (CVT 96-04). One of the conditions of the tentative
map required filing of an "A" map creating "superblock" lots prior to approval of any map
creating individual residential lots. On August 4, 1998, by Resolution Nos. 19124 and 19125,
Council approved the first Otay Ranch Village Five "A" Map and associated Supplemental
c2.0 ./ /
Page 2, Item
Meeting Date 8/31/99
Subdivision Improvement Agreement ("A" Map SSIA). The Final "A" Map created the
"superblock" lots corresponding to Units 1-12 (Neighborhoods R-34, R-35, R-36, R-37, and R-38
of the Tentative Map). The "A" Map SSIA satisfied several conditions of approval of subject
tentative map.
Final Maps and Subdivision Improvement Aa:reements
The land to be subdivided by the final maps for Units 2 and 4 of Otay Ranch Village 5 is
generally located south of Otay Lakes Road across from the Telegraph Canyon Estates subdivision
and west of Eastlake Greens and the proposed SR-125 route. The final map for each unit consists
of the following:
Units 2 and 4 of Otay Ranch Village 5 contain a total of 30 single family lots, 3 private street lots,
4 private open space lots totaling 0.611 acres and one public open space lot totaling 1.547 acres.
The private lots will be maintained by a Homeowner's Association and the public open space lot
will be maintained by CFD 97-1. A plat and location map of the subdivisions is attached
herewith as Attachment A.
The final maps for the two subdivisions have been reviewed by the Departments of Publ ic Works
and Planning and have been found to be in substantial conformance with the approved Tentative
Map. Approval of the maps and associated subdivision improvement agreements constitutes
acceptance by the City of all assignable and irrevocable general access and utility easements and
wall maintenance easements.
The open space lot shown on the Final Map for Unit 4 adjacent to Otay Lakes Road is proposed
for acceptance by the City. It will ultimately be maintained by the City via CFD 97-1. All. other
open space lots will be private and will be maintained by the Master Homeowners' Association.
All streets within the subdivisions are private and will also be maintained by the Master
Homeowners' Association.
The developer has also executed Subdivision Improvement Agreements for each of the two maps
and has provided bonds to guarantee construction of the required onsite public impro vements and
to guarantee the subdivision monumentation. The Subdivision Improvement Agreements and
bonds are on file in the office of the City Clerk. The construction and bonding of all off-site
c:<?? -~;Z
Page 3, Item
Meeting Date 8/31/99
street improvements required to serve Units 2 and 4 has been addressed in the Olympic Parkway
Agreement.
Final Map Conditions/Supplemental Subdivision Improvement
The fees and/or cash deposits specific to the "B" maps have been collected in satisfaction of
various Tentative Map conditions of approval. A Supplemental Subdivision Improvement
Agreement has also been executed by the Developer encompassing units 2 through 12. The
conditions of approval for these final maps are presented in Attachment D. The conditions that
are satisfied by the "B" Map SSIA are as follows: Nos. 1,3,4,5, 8, 9, 10, 11,21,22,27, 28(c) ,
31, 36, 37, 52, 64, 82(b), 82(b)(3), 83(c)-(f), 86(c), 87, 89, 91, 93, 95, 103(a)-(f), 104, 108, 109,
109(4), 114, 120, 122, 137, 138, 142, 147 and 152 of Resolution 18398. All other applicable
tentative map conditions have been met.
Miscellaneous
The Minutes of the 11/19/96 and 8/4/98 Council meetings and the Developer's disclosure
statement are attached as Attachments Band C, respectively.
FISCAL IMPACT: None. All costs associated with the proposed "B" Map and related
agreements are recovered in accordance with the Development Agreement for the Otay Ranch
Company.
Attachments:
Attachment A: Plat - Chula Vista Tract 96-04, Otay Ranch SPA One, Village 5, Units 2 and 4
Attachment B: Minutes of 11/19/96 and 8/4/98 Council meetings
Attachment C: Developer's Disclosure Statement
Attachment D: Tentative Map Conditions of Approval
H:\HOME\ENGINEER\AGENDA \ORV52&4R.DDS
File No. 0600-80-0R114F
dv;f
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL "B" MAPS FOR CHULA
VISTA TRACT 96-04, OTAY RANCH SPA ONE, VILLAGE
5, UNITS 2 AND 4 (PORTIONS OF NEIGHBORHOODS R-
34 AND R-37), ACCEPTING ON BEHALF OF THE CITY
OF CHULA VISTA THE ASSIGNABLE AND IRREVOCABLE
GENERAL UTILITY AND ACCESS EASEMENTS, AND THE
WALL MAINTENANCE EASEMENT ON SAID MAPS WITHIN
SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE
CITY OF CHULA VISTA THE DEDICATION OF FEE
INTEREST OF DESIGNATED LAND FOR PUBLIC OPEN
SPACE PURPOSES, AND APPROVING TWO "B" MAP
SUBDIVISION IMPROVEMENT AGREEMENTS, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
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 96-04, OTAY RANCH VILLAGE 5, UNIT 2, and
more particularly described as follows:
Being a Subdivision of Lots 4, 5 and "B" of Otay Ranch
village 5 "A" Map No. I, Chula vista Tract No. 96-04, as
shown on Map No. 13615, 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 on
August 12, 1998.
Area: 3.447 acres
Numbered Lots: 16
No. of Lots: 21
Lettered Lots: 5
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 Assignable and Irrevocable General
Utility and Access Easements, all as shown on said map within this
subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that those certain Assignable
and Irrevocable General Utility and Access Easements, as granted
thereon and shown on said map within said subdivision is accepted
on behalf of the City of Chula vista as hereinabove stated.
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BE IT FURTHER RESOLVED that the city Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1999, for the
completion of improvements in said subdivision, a copy of which is
attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula vista hereby finds that that certain map survey entitled
CHULA VISTA TRACT 96-04, OTAY RANCH VILLAGE 5, UNIT 4, and more
particularly described as follows:
Being a Subdivision of Lots 18, 19 and Lot "D" of Otay
Ranch village 5 "A" Map No.1, Chula Vista Tract No. 96-
04, as shown on Map No. 13615, 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 on
August 12, 1998.
Area: 4.927 acres
Numbered Lots: 14
No. of Lots: 17
Lettered Lots: 3
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 City of Chula vista the wall maintenance easement
as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the City of Chula vista the Dedication of the Fee
Interest of Lot B for open space and other public purposes.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the Assignable and Irrevocable General
utility and Access Easements, all as shown on said map within this
subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and is hereby authorized and directed to endorse
upon said map the action of said Council; that said Council has
approved said subdivision map, and that the Dedication of the fee
interest of said lot be accepted, and that those certain Assignable
and Irrevocable General Utility and Access Easements and the wall
maintenance easement, as granted thereon and shown on said map
within said subdivision is accepted on behalf of the city of Chula
vista as hereinabove stated.
2
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BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1999, for the
completion of improvements in said subdivision, a copy of which is
attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and is hereby authorized and directed to execute
said agreements for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~'W
Joh . Kaheny, ~
Attorney
H:\home\attorney\reso\villageS.2-4
3
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and OTAY PROJECT,
LLC, a California Limited Liability Company, 350 West Ash Street,
suite 730, San Diego, CA 92101 and OTAY RANCH V, LLC, a Delaware
Limited Liability Company, 3820 Valley Centre Drive, San Diego,
California 92130 hereinafter called "Subdivider" with reference to
the facts set forth below, which Recitals constitute a part of this
Agreement;
RECITALS:
WHEREAS, Subdivider is about to present to the City Council of
the City of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as Otay
Ranch Village 5, unit No.2, (Portion of R-37), CVT 96-04 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 al ternati ve 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
1
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land development work required in said subdivision within a
definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public
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 Nos. 18398 and 18613, approved on the 19th
day of November, 1996 and the 25th day of March, 1997, respectively
("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. 98-1013 through 98-1016 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 One Hundred
Forty Thousand Dollars and No Cents ($140,OOO).
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, including the improvements described in
the above Recitals (" 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 as
described in the above Recitals this reference are incorporated
herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
2
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t-. .
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said sUbdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Seventy Thousand Dollars and No Cents ($70,000) 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 Seventy Thousand Dollars and No Cents ($70,000) 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, a cash bond in the sum of Two Thousand Four Hundred
Dollars ($2,400) to secure the installation of monuments, which
security is attached hereto, marked Exhibit "C" and made a part
hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
3
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improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
city, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for paYment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
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.
4
cJCJ./J-?
13. Indemnification. Developer further understands and
agrees that City, (as "Indemnitee") or any officer or employee
thereof, shall not be liable for any bodily injury, death, or
property damage, including thereto hazardous materials and property
takings claims occasioned by reason of the acts omissions of
Developer, its subcontractors or suppliers, its agents or
employees, or Indemnitee (which are not the result of Indemnitee's
sole negligence or willful misconduct), related to the construction
of the street Improvements. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee, its officers and
employees, harmless from any and all claims, demands, causes of
action, liability, costs and expense (including without limitation,
reasonable attorney's fees) or loss for bodily injury, death or
property damages, including thereto hazardous materials and
property takings claims because of or arising out of Developer's
construction of the Street Improvements or the acts or omissions of
Developer, its subcontractors or suppliers, its agents or
employees, or Indemnitee, related thereto; provided, however, that
Developer shall have no obligation to indemnify, defend, protect or
hold Indemnitee or any officer or employee thereof harmless from
any such losses, claims, demands, causes of action, liability,
damages, costs or expenses which arise out of the sole negligence
or willful misconduct of the Indemnitee or any officer or employee
thereof. Developer further agrees to defend, indemnify, protect
and hold the Indemnitee, its officers and employees, harmless from
any and all claims, demands, causes of action, liability, cost and
expense (including without limitation, reasonable attorney's fees)
made or incurred by such third parties pursuant to or"arising out
of contracts entered into by such third parties with or on behalf
of Developer or its successors, assigns or agents concerning
construction of the street Improvements provided, however, that
Developer shall have no obligation to indemnify, defend or hold
Indemnitee or any officer or employee thereof harmless from any
such losses, claims, demands, damages, causes of action, liability,
costs and expenses to the extent that they have arisen due to the
sole negligence or willful misconduct of Indemnitee or any officer
or employee thereof. The improvement securities referred to above
shall not cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extent to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of construction of the Street 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 construction of the Street
Improvements. The approval of plans for the Street Improvements
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 said work and related improvements. The
provisions of this paragraph shall become effective upon the
execution of this Agreement and shall remain in full force and
5
c2C:4 -~
effect for ten (10) years following the acceptance by the City of
the Street Improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
(NEXT PAGE IS SIGNATURE PAGE)
6
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SIGNATURE PAGE TO
SUBDIVISION IMPROVEMENT AGREEMENT
OTAY RANCH VILLAGE 5, UNIT NO. 2
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
OTAY PROJECT, LLC, a California
Limited Liability Company
By: Otay Ranch Development, LLC,
a Delaware Limited Liability
Company Authorized Member
Mayor of the City of Chula
vista
City Clerk
By, \~, '\
Vice President
ATTEST
Approved as to form by
fj~~
citf orney
OTAY RANCH V, LLC, a Delaware
Limited Liability Company
BY'~U ~ ~LrL-:-
Ronald J. B dwin
Vice President
(Attach Notary Acknowledgment)
7
cJlJ /J -/ t)
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form: Bond
Amount: $70,000
Improvement Security - Material and Labor:
Form: Bond
Amount: $70,000
Improvement Security - Monuments:
Form: Bond
Amount: $2,400
Exhibit "B"
Exhibit "C"
Securities approved as to form and amount by
&<JYY1<~
~m-- City Attorne
Improvement Completion Date: Two (2) years from date of City
Council approval of the Subdivision
Improvement Agreement
H,\home\attorney\sia\VillageS.2
8
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ALL-PURPOSE ACKNOWLEDGMENT
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OPTIONAL INFORMATION
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APA 5/97 VALLEY-SIERRA, 800-362-3369 (.~;?) - / 2..
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 199__, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and OTAY PROJECT,
LLC, a California Limited Liability Company, 350 West Ash Street,
Suite 730, San Diego, California 92101 and OTAY RANCH V, LLC, a
Delaware Limited Liability Company, 3820 Valley Centre Drive, San
Diego, CA 92130 hereinafter called "Subdivider" with reference to
the facts set forth below, which Recitals constitute a part of this
Agreementi
RECITALS:
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 Otay
Ranch village 5, unit No.4, (Portion of R-34), CVT 96-04 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 mapi 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
1
02tJ/l - /3
land development work required in said subdivision within a
definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public
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 Nos. 18398 and 18613, approved on the 19th
day of November, 1996 and the 25th day of March, 1997, respectively
("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. 98-552 through 98-554, 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 One Hundred
Eighteen Thousand Dollars and No Cents ($118,000).
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, including the improvements described in
the above Recitals (" 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 as
described in the above Recitals this reference are incorporated
herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
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3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the second anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the city of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Fifty Nine Thousand Dollars and No Cents ($59,000) 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 Fifty Nine Thousand Dollars and No Cents ($59,000) 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, a cash bond in the sum of Two Thousand One Hundred
Dollars and No Cents ($2,100) to secure the installation of
monuments, which security is attached hereto, marked Exhibit "C"
and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
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improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for paYment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the City any
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.
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13 . Indemnification. Developer further understands and
agrees that City, (as "Indemnitee") or any officer or employee
thereof, shall not be liable for any bodily injury, death, or
property damage, including thereto hazardous materials and property
takings claims occasioned by reason of the acts omissions of
Developer, its subcontractors or suppliers, its agents or
employees, or Indemnitee (which are not the result of Indemnitee's
sole negligence or willful misconduct), related to the construction
of the street Improvements. Developer further agrees to defend,
indemnify, protect and hold the Indemnitee, its officers and
employees, harmless from any and all claims, demands, causes of
action, liability, costs and expense (including without limitation,
reasonable attorney's fees) or loss for bodily injury, death or
property damages, including thereto hazardous materials and
property takings claims because of or arising out of Developer's
construction of the Street Improvements or the acts or omissions of
Developer, its subcontractors or suppliers, its agents or
employees, or Indemnitee, related theretoj provided, however, that
Developer shall have no obligation to indemnify, defend, protect or
hold Indemnitee or any officer or employee thereof harmless from
any such losses, claims, demands, causes of action, liability,
damages, costs or expenses which arise out of the sole negligence
or willful misconduct of the Indemnitee or any officer or employee
thereof. Developer further agrees to defend, indemnify, protect
and hold the Indemnitee, its officers and employees, harmless from
any and all claims, demands, causes of action, liability, cost and
expense (including without limitation, reasonable attorney's fees)
made or incurred by such third parties pursuant to or arising out
of contracts entered into by such third parties with or on behalf
of Developer or its successors, assigns or agents concerning
construction of the street Improvements provided, however, that
Developer shall have no obligation to indemnify, defend or hold
Indemnitee or any officer or employee thereof harmless from any
such losses, claims, demands, damages, causes of action, liability,
costs and expenses to the extent that they have arisen due to the
sole negligence or willful misconduct of Indemnitee or any officer
or employee thereof. The improvement securities referred to above
shall not cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extent to
damages to adj acent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of construction of the Street 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 construction of the Street
Improvements. The approval of plans for the Street Improvements
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 said work and related improvements. The
provisions of this paragraph shall become effective upon the
execution of this Agreement and shall remain in full force and
5
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effect for ten (10) years following the acceptance by the City of
the Street Improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
State of California.
(NEXT PAGE IS SIGNATURE PAGE)
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SIGNATURE PAGE TO
SUBDIVISION lMPROVEMENT AGREEMENT
OTAY RANCH VILLAGE 5, UNIT NO. 4
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
OTAY PROJECT, LLC, a California
Limited Liability Company
ATTEST
City Clerk
By: Otay Ranch Development, LLC,
a Delaware Limited Liability
Company Authorized Member
BY'~
--A:'"'I I I
Vice President
Mayor of the City of Chula
vista
Approved as to form by
n ~
()j., ,6)7lc, ,
Cit~d1;irney
OTAY RANCH V, LLC, a Delaware
Limited Liability Company
BY'~ ~ (ilL
Ronald J. B dwin
Vice President
(Attach Notary Acknowledgment)
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form:
Bond
Amount:
$59,000
Exhibit "B"
Improvement Security - Material and Labor:
Form:
Bond
Amount:
$59,000
Exhibit "C"
Improvement Security - Monuments:
Form:
Bond
Amount:
$2,100
Securities approved as to form and amount by
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Improvement Completion Date:
Two (2) years from date of City
Council approval of the Subdivision
Improvement Agreement
H:\Home\Attorney\SIA\VillageS.4
8
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ALL-PURPOSE ACKNOWLEDGMENT
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APA 5/97
VALLEY-SIERRA,800-362-3369 02.t://-9 .--- 2/
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT ASSOCIATED WITH THE
FINAL "B" MAPS FOR CHULA VISTA TRACT NO. 96-
04, OTAY RANCH SPA ONE, VILLAGE 5, UNITS 2 AND
4, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
WHEREAS, the developer for the Final "B" Map for units 2
and 4 of Otay Ranch, Village 5, Chula vista Tract NO. 96-04, has
executed a Supplemental Subdivision Improvement Agreement (SSIA) in
order to satisfy Conditions of Resolution No. 18398 for Chula vista
Tract 96-04.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement for the Final "B" Maps for unit
2 and 4 of Otay Ranch, SPA One, Village 5 requiring developer to
comply with certain unfulfilled conditions of Resolution 18398, a
copy of which is on file on 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
Agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
m Sfnc
JO~Kaheny~
Attorney
H:\home\attorney\reso\villageS.ssa
02V'fl- /
RECORDING REQUEST BY:
City Clerk
-( 't1
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR SECOND FINAL "B" MAPS FOR VILLAGE FIVE (UNITS 2 AND 4) OF THE OTA Y
RANCH PROJECT
(Conditions 1, 3, 4, 5, 8, 9, 10, 11, 27, 31, 36, 37, 52, 64, 82(b),
82(b)(3), 83(c-t), 86(c), 87, 114,89,91,93,95, 103 (a-t), 104, 108,
109, 120, 122, 137, 142, 147, and 152, of Resolution No. 18398)
This Supplemental Subdivision Improvement Agreement (" Agreement") is made this day of May ,
1999, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" forrecording
purposes only) and OT A Y PROJECT, LLC, a California limited liability company, OT A Y RANCH
V, LLC, a Delaware limited liability company, signator of this Agreement, ("Developer" or
"Grantor"), with reference to the facts set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of a project commonly known as Village 1 and 5 of the Otay Ranch SPA One
proj ect, a master planned development. For purposes of this Agreement the term "Proj ect" shall also
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mean "Property." Developer has applied for Final Maps for Village 5,Units 2 and 4 and are
described on Exhibit "A-I" and shown on Exhibit "A-2" hereto.
B. "Owner" or "Developer" means the person, persons, or entity having a legal or an
equitable interest in the Property or parts thereof and includes owners, successors-in-interest and
assignors of the Property.
C. Developer and/or Developer's predecessor in interest has applied for and the City has
approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 96-04 ("Tentative
Subdivision Map") by Resolution No. 18398 ("Resolution") for the subdivision of the Property
subject to certain conditions as more particularly described in the Resolution.
D. City is willing, on the premises, security, terms and conditions herein contained to
approve the final maps for the Property known as Village 5, Units 2 and 4, as being in substantial
conformance with the Tentative Subdivision Map described in this Agreement. Developer
understands that subsequent final maps may be subject to the same security, terms and conditions
contained herein.
E. The following defined terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
a. For purposes ofthis Agreement, "Final Maps" means the final maps for Units 2
and 4 (Portions of Neighborhoods R-34, R-35, R-36, R-37 and R-38) ofOtay Ranch Village 5, SPA
1.
b. "commencing construction" means when a construction permit or other such
approval has been obtained from the City or a construction contract has been awarded for the
improvement, whichever occurs first.
c. "complete construction" means when construction on said improvement has been
completed and the City accepts the improvement.
d. "Guest Builder" means those entities obtaining any interest in the Property or a
portion of the Property, after the Final Maps have been recorded.
e. "SPA One" means Villages One and Five.
f. "PFFP" means the SPA I Public Facilities Financing Plan adopted by Resolution
No. 18286 as may be amended from time to time.
g. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved
by the City Council on June 4, 1996, as may be amended from time to time.
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h. "A Map Agreement" means the Supplemental Subdivision Improvement
Agreement for the Village Five "A" Map adopted by Resolution No. 19125.
i. "A Map" means the Final Map for Village 5 adopted by Resolution No. 19124 and
recorded as Map No. 13615.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon and
inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties public or
private, in whose favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project to a guest builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
obtain the written consent of the City to such release. Such assignment to the guest builder shall,
however, be subject to this Agreement and the Burden ofthis Agreement shall remain a covenant
running with the land. The City shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the
obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City,
its ability to perform its obligations under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assignees. If Developer assigns any portion of the
Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the
City shall release the assignee of the Burden of this Agreement as to such assigned portion if such
portion has complied with the requirements of this Agreement to the satisfaction of the City and such
partial release will not, in the opinion ofthe City, jeopardize the likelihood that the remainder of the
Burden will not be completed.
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e. Release oflndividual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to
a buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association;
The City shall not withhold its consent to such release so long as the City fmds in good faith
that such release will not jeopardize the City's assurance that the obligations set forth in this
Agreement will be performed. At the request of the Developer, the City Manager (or Manager's
designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the
City Manager (or Manager's designee) which confirms the release of such lot or parcel from the
encumbrance of this Agreement.
Notwithstanding the foregoing, i)at the close of an individual homeowner's escrow, or ii) conveyance
to a homeowner's association of any lot or parcel encumbered by this Agreement, such lot or parcel
shall be automatically released from the encumbrance hereof.
2. Condition No. I - (General Preliminary). In satisfaction of Condition No. I of
Resolution No. 18398, Developer hereby agrees, to comply with the requirements and guidelines of
the Parks, Recreation, Open Space and Trails Plan, Public Facilities Financing Plan ("PFFP"), Ranch
Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the Non-Renewable Energy
Conservation Plan, as may be amended from time to time, and shall remain in compliance with and
implement the terms, conditions and provisions of said documents.
3. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of
Resolution No. 18398, Developer agrees that if any of the terms, covenants or conditions contained
within the Resolution shall fail to occur or if they are, by their terms, to be implemented and
maintained over time, if any of such conditions fail to be so implemented and maintained according
to their terms, the City shall have the right to deny the issuance of building permits for the Project,
deny, or further condition the subsequent approvals that are derived from the approvals herein
granted, institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation. The applicant shall be notified ten (10) days in advance prior to any of
the above actions being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City within a reasonable period of time.
4. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of
Resolution No. 18398, Developer agrees to indemnify, protect, defend and hold the City harmless
from and against any and all claims, liabilities and costs, including attorneys' fees, arising from
challenges to the Environmental Impact Report for the Project and/or any or all entitlements and
approvals issued by the City in connection with the Project.
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5. Condition No. 5 - (General Preliminary). In satisfaction of Condition No.5 of
Resolution No. 18398, Developer hereby agrees, that Developer shall comply with all the applicable
SPA conditions of approval.
6. Condition Nos. 8, 9, 10 and 11 - (Conveyance Obligation). In partial satisfaction of
Condition Nos. 8,9, 10, and 11, of Resolution No. 18398 Developer agrees as follows:
a. The Developer provided the City with Irrevocable Grants of Fee Title, of393 acres
of real property in accordance with the RMP2, a portion of which 393 acres is intended to satisfy the
particular acreage conveyance obligation of the Final Maps for Village 5, Units 2 and 4 at a rate of
1.188 acres of conveyance per acre of area within the Final Maps, as of the date of this Agreement,
but such obligation may be subject to change in accordance with paragraph "6.c".
b. That such dedicated property shall be granted in fee title to the City and County
of San Diego as joint tenants and subject to the approval ofthe Preserve Owner Manager. Should
the Preserve Owner Manager not approve this conveyance, Developer agrees to convey equivalent
real property that complies with this provision.
c. That Developer shall convey additional real property if necessary in order to
comply with the conveyance formula described in RMP 2, as may be amended by City. Developer
acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres
per developable acre.
d. That all land to be conveyed as described above shall be free and clear ofliens and
encumbrances except for easements for existing public infrastructure and other easements approved
by the City or for planned public infrastructure as permitted in the RMP 2. Developer further agrees
to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally
transferred to the City and County of San Diego.
e. That Developer acknowledges that property within the boundaries of the "A" Map
which will be the subject of future final maps may have conveyance obligations to fulfill for all
development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope
areas shown on the "A" Map.
f. That Developer shall maintain the conveyed land until such time as maintenance
is undertaken by the Preserve Owner Manager.
7. Condition No. 27 - (Street Trees). In partial satisfaction of Condition No. 27 of
Resolution No. 18398, Developer, upon request of the Director of Planning and Building, shall plant
trees within all street parkways which have been selected from the revised list of appropriate tree
species described in the Village Design Plan which shall be approved by the Directors of Planning
and Public Works. The applicant shall provide root control methods per the requirements of the
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Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation
system shall be provided from each individual lot to the adjacent parkway. Developer shall submit
a separate street tree improvement plan for each final map within the Project which includes the final
selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer
laterals, dry utilities, driveways, inlets and pedestrian ramps, for the approval by the Director of
Planning and Building and the City Engineer within twenty (20) days ofthe approval of subject Final
Map. Developer understands that the City may withhold the issuance of building permits within the
respective Final Maps if the street tree improvement plan is not submitted within said twenty (20)
day period.
8. Condition No. 31 - (ADA Standards) In satisfaction of Condition No. 31 of
Resolution No. 18398, the Developer agrees that in the event the Federal Government adopts ADA
standards for street rights-of-way which are in conflict with the existing standards and approvals of
the City, Developer shall be required to comply with the new ADA standards adopted by the federal
government. Unless otherwise required by federal law, City ADA standards may be considered
vested, as determined by Federal regulations, only after construction has commenced.
9. Condition No. 36 - (Driveway Setback). In satisfaction of Condition No. 36 of
Resolution No. 18398, Developer agrees to provide twenty foot setbacks on the driveways, from the
property line to the garage, and sectional roll-up type garage doors for all properties except as
provided for in the Planned Community District Regulations or approved by the City Engineer and
the Director of Planning and Building. The Developer further agrees to submit a site plan subject
to the approval of the Director of Building and Planning, prior to precise grading plan submittal, of
all properties fronting on cul-de-sac streets which are 150 feet or less in length. The site plan shall
indicate: (1) a twenty foot setback on the driveways from the property line to the garage, and (2)
sectional roll-up type garage doors at all such properties.
10. Condition No. 37 - (Encroachment Permit). In partial satisfaction of Condition No.
37 of Resolution No. 18398, the Developer shall apply and obtain an encroachment permit prior to
installation of all private facilities within the public right-of-way. The Developer shall maintain, in
perpetuity, membership in an advance notice such as the USA Dig Alert Service and shall cause any
private facilities owned by the Developer to be marked out whenever work is performed in the area.
11. Condition No. 52 - (As-Built Plans). In satisfaction of Condition No. 52 of Resolution
No. 18398, Developer shall submit "as-built" improvement and storm drain plans in DXF file format
to the satisfaction of the City Engineer.
12. Condition No. 64 - (Fencing). In satisfaction of Condition No. 64 of Resolution No.
18398, Developer agrees to install a fence along those portions of the proposed maintenance access
roads of the existing Telegraph Canyon and proposed Poggi Canyon Channels concurrent with the
installation of the Regional Trail. The specific locations where the fence will be allowed and the
fence details shall be determined by the Director of Planning and Building and the City Engineer.
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13. Condition No. 82(b) - (Park P-1). In partial satisfaction of Condition No. 82(b) of
Resolution No. 18398, Developer agrees to commence construction of the first neighborhood park
in SPA One, identified as Park P-I, at the location set forth in SPA One Plan and as shown on Map
No. 13592, no later than issuance of the building permit for the 500th dwelling unit for SPA One.
The level of amenities required in said first phase of construction of the first neighborhood park shall
be determined by the Director of Planning and Building in conjunction with the park master planning
effort required by the City of Chula Vista Landscape Manual; provided however, that said level of
amenities shall be equivalent to five acres of neighborhood park improvements as described in the
PLDO ordinance and the Park Master Plan as approved by the Director of Planning and Building.
Notwithstanding anything herein to the contrary, the developer shall complete construction of the
entire P-l neighborhood park as identified in SPA One Plan within twelve (12) months after
commencing construction of said park. For purposes of this paragraph, "complete construction" shall
mean that the construction of the park has been completed and accepted by the City as being in
compliance with the Park Master Plan, but prior to the City's required mandatory maintenance
period.
14. Condition No. 82(b)(3) - (Park P-2). In satisfaction of Condition No. 82(b)(3) of
Resolution No. 18398, Developer agrees to commence construction of the second neighborhood park
in SPA One, identified as P-2, at the location set forth in the SPA One Plan and as shown on Map
No. 13592. Such construction shall commence upon the earlier of: a) issuance of the building permit
for the 2033rddwelling unit for SPA One, orb) if SPA One is determined by the City to be in deficit
in constructed neighborhood parks based upon 2 acres/1 ,000 residents. Such construction shall be
completed within eight (8) months after commencing construction of said park. For purposes of this
paragraph, "complete construction" shall mean that the construction of the park has been completed
and accepted by the City as being in compliance with the Park Master Plan, but prior to the City's
required mandatory maintenance period. Developer acknowledges that this is not intended to
supersede any of the City's maintenance guarantee requirements.
The Developer and City agree to negotiate in good faith a park agreement concerning Developer's
neighborhood and community park obligations for Villages 1 and 5 of SPA One.
15. Condition No. 83(c-f) - (Community Parks). In partial satisfaction of Condition No.
83( c )-(f) of Resolution No. 18398 the Developer agrees, unless otherwise amended in writing by the
Director of Planning and Building:
83(c) To identify the relocation, if any, of the Village 2 Otay Ranch
Community Park prior to issuance of the building permit for the 1, 150th dwelling unit for SPA One.
Said relocation may require an amendment to the Otay Ranch General Development Plan.
83(d) To commence construction ofthe first phase of the Community Park
prior to issuance of the building permit for the 2,650th dwelling unit for SPA One.
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83(e) To commence construction of the second phase of the Community
Park prior to issuance of the building permit for the 3,000th dwelling unit for SPA One.
83(f) That the Community Park shall be ready for acceptance by the Parks
and Recreation Division for maintenance prior to issuance of the building permit for the 3,900th
dwelling unit for SPA One.
16. Condition No. 86(c), 87,114,122 - (MHOA). In satisfaction of Condition No. 86(c)
of Resolution No. 18398 and in partial satisfaction of Condition Nos. 87, 114, and 122 of Resolution
No. 18398, the Developer:
a. Agrees to create a Master Homeowner's Association ("MHOA") to own and
maintain in a professional manner open space areas, medians, or parkways not maintained by the
Community Facility District or the City (referred to collectively as "open space areas"). Developer
shall complete the formation of the MHOA prior to making application for the first building permit
for any units within the Project excluding sales offices and model homes on the condition that the
sales offices and model homes are not sold or transferred prior to the Developer's compliance with
the provision of this paragraph.
b. On or before 60 days from the date of Council approval of this Agreement,
Developer shall submit for City's approval the CC&R's, grant of easements and maintenance
agreements, and other appropriate documentation, describing the maintenance standards and
responsibility of the MHOA's for the Open Space Areas within the Property. Developer
acknowledges that the MHOA's maintenance of public open space, trails, etc. may expose the City
to liability. Developer agrees to establish a MHOA that will hold the City harmless from any
negligence of the MHOA in the maintenance of such areas.
c. The MHOA shall be structured to allow annexation of future tentative map areas
in the event the City Engineer and Director of Planning require such annexation of future tentative
map areas.
d. Developer agrees to include the following provisions within the MHOA's CC&Rs:
1. Before any revisions to provisions of the CC&Rs that may affect the City
can become effective, said revisions shall be approved by the City. The
MHOA shall not seek approval from the City of said revisions without the
prior consent of 100 percent of the holders of first mortgages or property
owners within the MHOA.
2. The MHOA shall indemnify and hold the City harmless from any claims,
demands, causes of action liability or loss related to or arising from the
maintenance activities of the MHOA.
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3. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100
percent of the holders of first mortgages or property owners within the
MHOA.
4. The MHOA is required to procure and maintain a policy of comprehensive
general liability insurance written on a per occurrence basis in an amount
not less than one million dollars combined single limit.
5. The CC&R's shall incorporate restrictions for each lot adjoining open space
lots containing walls maintained by the open space district to ensure that the
property owners know that the walls may not be modified or supplemented
nor may they encroach on City property.
6. The CC&R's shall include provisions assuring maintenance of all streets,
driveways, drainage and sewage systems which are private.
7. The CC&R's shall include provisions assuring MHOA membership in an
advance notice such as the USA Dig Alert Service in perpetuity.
8. The CC&R's shall include provisions that provide the City has the right to
enforce the CC&R provisions same as any owner in the project.
e. The provisions to be contained within the CC&R's which reflect Condition No.
86( c) of Resolution No. 18398 and this section may not be revised at any time without prior written
permission of the City. The City shall not unreasonably withhold its approval of the CC&R's or
other said documentation. Any amendment to these documents shall be submitted to the City for the
City's approval prior to becoming effective.
17. Condition No. 89 - (Open Space Walls). In partial satisfaction of Condition No. 89
of Resolution No. 18398, Developer shall ensure that all buyers of lots adjoining open space lots
containing walls maintained by the open space district sign a statement, when purchasing their
homes stipulating that they are aware that the walls are on City property and that they shall not
modify or supplement the wall or encroach on City property.
18. Condition No. 91 - (Grant of Fee Interest). In satisfaction of Condition No. 91 of
Resolution No. 18398, Developer has made a Grant of Fee Interest to the City, free and clear of all
encumbrances, in the real property shown on the Final "B" Map for Otay Ranch Village 5, Unit 4
as an open space lot. A copy of the Grant of Fee Interest is part ofthis agreement attached as Exhibit
"B". The original Grant of Fee Interest shall be recorded concurrently with this agreement.
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19. Condition No. 93 - (Public Facilities Development Impact Fee). Developer has
requested that the City allow satisfaction of Condition No. 93 of Resolution No. 18398 be continued
until such time as the City completes and approves the Public Facilities Development Impact Fee
("PFDIF") Program revisions. In order for the City to allow said continuance of satisfaction of this
obligation, Developer agrees to pay the "PFDIF" in effect at the time of building permit issuance.
In partial satisfaction of Condition No. 93, Developer has deposited $20,000 for commencement of
said revision and shall receive 100% credit for such deposit towards future PFDIF fees.
20. Condition No. 95 - (Otay Water District Indebtedness and City Parcels). In
satisfaction of Condition No. 95 of Resolution No. 18398, the Developer agrees to provide written
evidence from Otay Municipal Water District indicating that any assessments (or bonded
indebtedness) associated with all parcels dedicated or granted in fee to the City have been paid or
that no assessments exist on the parcel(s). Said evidence shall be provided prior to the City's
acceptance of said dedication or grant in fee.
21. Condition No. 103 (a-t) - (Withhold Building Permits and Hold Harmless). In partial
satisfaction of Condition No. 103 (a-t) of Resolution No. 18398, the Developer understands and
agrees that the performance of Developer's obligations hereunder is required for the health and safety
of the residents of its Project. Therefore Developer agrees:
103.a. That the City may withhold building permits for any and all buildings
within the Project if any one of the following occur:
1. Regional development threshold limits set by the East Chula Vista
Transportation Phasing Plan have been reached.
2. Traffic volumes, levels of service, public utilities and/or services exceed
the adopted City threshold standards in the then effective Growth Management Ordinance.
3. The Developer does not comply with the terms of the Reserve Fund
Program.
103.b. That the City may withhold building permits for any of the phases
of development identified in the PFFP, if the required public facilities, as identified in the PFFP or
as amended by the Annual Monitoring Program or otherwise conditioned have not been completed
or constructed to satisfaction of the City.
103.c. That, on the condition that City shall promptly notify the Developer
of any claim, action or proceeding and on the further condition that the City fully cooperates in the
defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers
and employees, from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including approvals by its
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Planning Commission, City Council, or any approval by its agents, officers, or employees with
regard to this Project, except if such claim, action or proceeding arises from the sole negligence or
willful misconduct of the City or its agents, officers or employees.
103.d. That, on the condition that City shall promptly notify the Developer
of any claim, action or proceeding, Developer shall defend, indemnify, and hold harmless the City,
and its agents, officers and employees, from any claim, action, or proceeding against the City, or its
agents, officers or employees, related to erosion, siltation or increased flow of drainage resulting
from the Property, except if such claim, action or proceeding arises from the sole negligence or
willful misconduct of the City or its agents, officers or employees. City agrees to reasonably
cooperate with Developer in the defense of any such action, claim or proceeding.
103.e. And that cable television companies franchised by the City of Chula
Vista may place conduit within the City easements and provide cable television service for lots
within the Project area, as described on Exhibit A. Developer agrees to comply with all rules,
regulations, ordinances and procedures regulating and affecting the operation of cable television
within Chula Vista. Developer further acknowledges and agrees that Developer will not impair or
interfere in any way with City's use of City's easements as described herein.
103.f. To include in the Articles ofIncorporation or Charter for the Master
Homeowners' Association (MHOA) provisions prohibiting the MHOA from dedicating or conveying
for public streets, land used for private streets without approval of 1 00% of all the MHOA members.
22. Condition No. 104 - (Congestion Management Program). In satisfaction of Condition
No. 104 of Resolution No. 18398, the Developer agrees to participate, on a fair share basis, in any
deficiency plan or financial program adopted by SANDAG to comply with the Congestion
Management Program (CMP) and agrees to not protest formation of any future regional impact fee
program or facilities benefit district to finance the construction of facilities described in the Otay
Ranch Planning documents. This agreement to not protest the inclusion of these public
improvements shall not be deemed a waiver of the right to challenge the amount of any fee which
may be imposed due to these new improvements and shall not interfere with the right of any person
to vote in a secret ballot election.
23. Condition No.1 08 - (Insurance). In satisfaction of Condition No.1 08 of Resolution
No. 18398, Developer agrees to ensure that all insurance companies are permitted equal opportunity
to provide a cooperative Homeowner's Insurance Program.
24. Condition No. 109 - (Backbone Facilities). In satisfaction of Condition No. 109 of
Resolution No. 18398, Developer has submitted an Improvement Phasing Schedule which has been
approved by the City Engineer and Developer agrees to comply with such Improvement Phasing
Schedule which is attached hereto as Exhibit "C" and which shall also be attached to and become
a part of the PFFP, which may be amended from time to time. Developer agrees to commence
construction of the public street improvements and agrees to provide security satisfactory to the City
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Attorney in accordance with the time frames and in such sums as set forth in said Improvement
Phasing Schedule, as may be amended by the City from time to time to comply with the PFFP.
25. Condition No. 120 - (Growth Management Ordinance). In satisfaction of Condition No.
120 of Resolution No. 18398, the Developer agrees upon the request of the City:
120.(1) To fund the preparation of an annual report monitoring the
development of the community ofOtay Ranch. The annual monitoring report will analyze the supply
of, and demand for, public facilities and services governed by the threshold standards. Developer
agrees to commence the annual review following the fust fiscal year in which a residential
occupancy occurs within the Property and shall be completed during the second quarter of the
following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section
D of the General Development Plan (as approved by Res. No. 17298)/Subregional Plan; and
120.(2) To prepare a five year development phasing forecast identifying
targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected
dates, corresponding public facility needs per the adopted threshold standards, and identifying
financing options for necessary facilities.
26. Condition No. 137 - (Code Requirements). In satisfaction of Condition No. 137 of
Resolution No. 18398, Developer agrees to comply with Chapter 19.09 ofthe Chula Vista Municipal
Code (Growth Management) as may be amended from time to time by the City. Said chapter
includes but is not limited to: threshold standards (19.09.04), public facilities finance plan
implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100).
Developer further acknowledges and agrees that the City is presently in the process of amending its
Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions
necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to
construction of State Route 125. Said provisions will require the demonstration, to the satisfaction
of the City Engineer, of sufficient street system capacity to accommodate a proposed development
as a prerequisite to final map approval for that development, and the applicant hereby agrees to
comply with adopted amendments to the Growth Management Ordinance.
27. Condition No. 142 and 147- (Guarded Entrances). In partial satisfaction of Condition
Nos. 142 and 147 of Resolution No. 18398, Developer agrees that:
a. The guarded entrance shall not have physical barriers.
b. The guarded entrance shall be staffed from dusk to dawn unless the Master Homeowner's
Association (MHOA) or the Developer determines it is economically impractical.
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c. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also
include language which states that any proposal by the MHOA to allow "speed bumps" in the future
shall require prior written approval of 100% of all Homeowner's Association Members.
28. Condition No. 152 - (Maintenance Responsibilities). In satisfaction of Condition No. 152
of Resolution No. 18398, Developer agrees to notify all future property owners during escrow by
means of a document to be approved by the City Engineer and Director of Planning of the
maintenance responsibilities of the MHOA and the estimated annual cost thereof.
29. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits and all other permits for the entire SPA One, should the Developer be
determined by the City to be in breach of any of the terms of this Agreement. The City shall provide
the Developer of notice of such determination and allow the Developer reasonable time to cure said
breach. Developer further acknowledges and agrees that the City may withhold building permits
within the Project as defined herein if the required public facilities for SPA One, as defined in the
PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been
completed or constructed to the satisfaction of the City Engineer.
30. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes
satisfaction of Developer's obligation of Conditions: 1,3,4,5,31,36,52,64, 82(b)(3), 86(c), 91,
95, 104, 108, 109, 120, 137, and 152 of Resolution No. 18398; and partial satisfaction of Conditions
8,9, 10, 11,27,37, 82(b), 83(c-f), 87, 89, 93, 103 (a- f), 114, 122, 142, and 147 of Resolution No.
18398. Developer further understands and agrees that the some of the provisions herein may be
required to be performed or accomplished prior to the approval of other final maps for the Project,
as may be appropriate.
31. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established
by Resolution No. 18398 and shall remain in compliance with and implement the terms, conditions
and provisions therein.
32. Previous Agreement. The Developer acknowledges that nothing in this Agreement
shall supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement. This
Agreement affirms and reflects the terms, conditions and provisions ofthe "A" Map Agreement and
of the Tentative Map 96-04 conditions applicable specifically to the Final Map for the Property.
33. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with
the recordation of the Final Map.
34. Miscellaneous.
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a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested,
first-class postage prepaid, addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving written notice of such change to the
other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
Developers:
Otay Project, LLC
350 West Ash Street, Suite 730
San Diego, CA 92101
Attn: Kim John Kilkenny
Fax (619) 234-4088
South Bay Project, LLC
191 W. Wilbur Road, Suite 102
Thousand Oaks, CA 91360
Attn: David Green
Fax (805) 379-4472
Otay Ranch V, LLC
3820 Valley Centre Drive
San Diego, CA 92130
Attn: Ronald J. Baldwin
Fax (619) 259-2933
A party may change such address for the purpose ofthis paragraph by giving written notice of such
change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations, agreements,
H:\shared\attomey\orv52-12.dds
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understandings, and/or statements shall be of no force and effect. This Agreement is not intended
to supersede or amend any other agreement between the parties unless expressly noted.
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or drafting this
Agreement.
e. Recitals; Exhibits. Any recitals set forth above and exhibits set forth hereto are
incorporated by reference into this Agreement.
f. Attorneys' Fees. If either party commences litigation for the judicial interpretation,
reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment
against the other for an amount equal to reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded substantially the relief sought.
[NEXT PAGE IS SIGNATURE PAGE]
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[P AGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT UNITS 2 AND 4 OF VILLAGE
FIVE OF THE OTA Y RANCH PROJECT]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first hereinabove set forth.
CITY OF CHULA VISTA
Mayor of the City
of Chula Vista
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
ff~SC~--
John M. Kaheny
City Attorney
Dated:
, 1999
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[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT UNITS 2 AND 4 OF VILLAGE FIVE OF THE OT A Y
RANCH PROJECT]
OTA Y PROJECT, LLC,
a California Limited Liability Company
By: Otay Ranch Development, LLC,
a Delaware Limited Liability Company
Authorized Member
By:
~~
Kim Kilkenny
Vice President
Date: )1/0',
OTA Y RANCH V, LLC,
a Delaware Limited Liability Company
By: ~{L ~LL-Date: 7/;~q,
Ronald J. Bal in
Vice President
(ATTACH NOTARY ACKNOWLEDGMENT)
H:\shared\attomey\orv52-12.dds
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17
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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CAPACITY CLAIMED BY SIGNER
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L~'ITS 2 THROUGH 12
LOTS 2, 3,4,5, 7,9, 10, 12 THROUGH 20, AND LOTS B THROUGHF OF OTA Y R..~~CR
VILL..~GE 5 'A' Mt.J> NO.1, CHULA VISTA TRACT NO. 96-04, AS SHOWN OK MAl'
NO.13615, IN TrlE CITY OF CHULA VIST.,6,., COUNTY OF SAN DIEGO, STAE O?
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Chula Vista, Califo:ID? 9191:
Tnis ir.srru.menr Benif'..rs CiTY Oni::.
No Fee Reauirea.
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GRA1\"T DEED
?OR ,!.. \" .L.J...."G!-..3:!-:= CONS:W:='R..A.. TIO!\. ;-e:::eip"i of whi:b is b~:-eDY a:knowledged..
cr..cv Ran:::h \'. LLC. " Dela\l9c.ie Limi"t~d Liabilitv Coonan\'.
T~Tesen~ rr..a:.. as me o-,:mens) of me hereir:-des::riD~ ;-~ propeny (in the ~e of muiripie o",-n:::-.o.. ::Dlie::::v::::,
:-~fe::-ed te> as --G:-2.::lt::r:.r'j, G:::-2.Iltor b~:-eby g~an:.s I::" T?"'= CITY Or: ClfULP. \~ST.!... L, MiJ\:lCI?':''':''
C0I20R.:;.TJO~. ::.~:: folia",'iill:: ::eal Dronerr\' siru..ar.e::::: ~e Ci:y of Cnul? \~is:.2.., Coun:y Co: .s2.:', :1;::22. S:z.::: --
CalifO:IDa and mo:-e pa..-ti::ularh' cies:r1Ded ~ follows: - --
Lot B of Chula Vista Tract No. 96-04~ ~~y Ranch Village 5, Unit No. ~, A::::::oiding ~G
Map No. (Contains 1,547 Acres~ more or less)
Signed this
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('!'ota.'!. Acknowledgment Required for Each Signatory)
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1 t::'5 :S TO C~, ..:f\' :,;...~. rh.f :nr::res'! in .:eaj fJTODe77\' off~r~d h~rein TO rh.e Ci:\" of ChuL: ~~'''':~7:':. .: ? ~~I;C-:;::::~,-":':'.'
Cig~!2:-Y, is r.~rei:Jy a::i:nowledged by rhe undersigned., Ci;-y Clf:rk, on DChaij o..f rhe C"zuic '\;::'Si': - C::y C:JiLn:i:
pursU!1nI lO auIhori~' conferred by Resolution No. 15f45 of [he Chula Fisra City Council adoptee' on JunE :.
1990. and rh~ gTarue~(s) conseTZ!(s) ro [he r~cordation thereof by irs duly aurhorized o.ffice;.
SUSA::\ BlG:CLO\,,'
CITY CL:CRK
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Date:
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- AD. ~S~ RAUS - f
Comm. #U37361 ~
N:;i' AAY PlJSl.JC . CAUFO
lOAN DIEGO COUNTY '
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OPTIONft..L Th""FORMA.TION
The infnrrmlT;nn below is not required by law. Eoweve::. it could prevent frandnlent :lTT:I~m"nt of this ad::nowl-
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CAPACITY CLUMED BY SIGNER (PRlNCIPAL)
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oa:a&I! 21. 'III
.IN~' alY~
Minutes
November 19, 1996
Page 4
A+k-~.W^ + B- I
~'XC-trpt
competitiveness, because it is soX[le1itnt"-S Dot enough to maintain the rate if everybody else lowers theirs. There is
a risk of losing businesses because it suddenly becomes cheaper to move next door.
Councilmember RindonC stated whether the business license is maintained. raised or lowered, the current scenario
limits the'Council in realistic <ptions. Rerequested bringing back the master fee schedule for 1998 to reflect the
proposed rates of 1992, WhiCh is the first year it was abated. He requested .staff not only consider the abatement
next year, but to consider revamping so if there is an adjustment and a significant business up-turn, there is an
option for Council to reflect it in a modest rate adjustment.
lffiSOLlJTION 18501 OFIiERED BY.COUNcaMEMBER RINDONE, reading of the text was waived, title
read, passed and approved unanimo15ly.
10. PUBLIC HEARING ZAV-96-12;AP.PEAL FROM.PLANNING COMMISSION DENIAL OF A
REQUEST FOR A VARIANCE TO INCREASE THE HEIGHT OF A ROOFTOP SIGN F.ROM 35 FEET
TO 42 FEET FOR THE COMMERCIAL BUILDING LOCATED AT 396 "En STREET IN THEC-T
THOROUGHFARE COMMERCIAL ZONE - MARTIN ALTBAUM - This is an appeal from the Planning
Commission's denial of a request for a variance to allow the construction of a rooftop sign to 42 feet in height for
the commercial building located at 396 wEw Street, within the C-T Thoroughfare Commercial zone. The C-T zone
limits the height of rooftop signs to 35 feet above grade. At the reQuest of the aDDlicant. staff recommends that
the Dublic heari~ he continued to the meeti~ of 12nO/96. (Director of Planning)
.MSC CHortonlAlevy) to continue to the meeting of U/10/96, approved 4-0-0-1 with Rindone abstaining.
~
l1.A RESOLUTION 18416 APPROVING A RESOURCE COI\""TEYANCE AGREEMENT FOR THE
OTAY RANCH SPA ONE, TRACT 96-04 - (This is a related item. hut does not reouire a Duhlic heari~)
B. RESOLtmON:18417:~-Al'PROVING AN INDEMNIFICATION AGREE~"T WITH VILLAGE
DEVELOPMENT FOR TRACT ~- (This is a related item. hut does not reouire 8 DUbHc hearill!!:)
< .
C. 'PUBLIC BEARING PCS 96-04: CONSIDERATION OF A REVISED TENTATIVE SUBDIVISION MAP
FOR THE OTAYRANCH SPA ONE, TRACT 96-04 GENERALLY LOCATED SOUTH OF TELEGRAPH
CANYON ROAD BETWEEN PASEO RANCHERO AND THE FUI'URE SR-US ALIGNMENT AND
EXCLUDING 288 ACRES IN ASSESSOR PARCEL NUMBER (Am) ~60-11 AND A PORTION OF APN
642-080-11- Adopt a Second Addendum to FEIR 95-01 and recertify FEIR. 95-01 and the First Addendum for. the
Otay Ranch SPA One and Tentative Subdivision Map for Village One and Phase I-A of Village Five of the Otay
Ranch SPA One, Chula Vista Tract 96-04, in accordance With the findings and subject to the conditions contained
in the draft resolution. Staff recommends approval of the resolutions. (Olay Ranch Manager) Continued from
the meeting of 1l/UI96.
D. RESOLUTION ]8398 ADOPTING THE SECOND ADDENDUM TO AND CERTIFYING FINAL
ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH #950210U) AND FIRSf ADDENDUM
READOPTING THE STATEMENr OF OVERRIDING CONSIDERATIONS AND THE MITIGATION
MONITORING AND REPORTING PROGRAM FOR THE FEIR AND APPROVING A REVISED
TEI\"TATIVE SUBDIVISION MAP FOR PORTIONS OF THE OTAY RANCH SPA ONE, CHULA VISTA
TRACT 9~4, AND MAKING THE NECESSARY FlNDINGS AND CONTINUING ALTERNATIVE
TENTATIVE MAP PROPOSALS
Jerry Jamriska, Otay Ranch Special Projects Manager, gave a presentation regarding the Otay Ranch development.
Councilmember Rindone asked why was Section 7.1 of the agreement changed to reflect the B Map level, as it was
not recommended for any other developer.
3
Minutes
November 19, 1996
Page 5
Ann Moore, Acting City Attorney, said that condition of the development agreement was tied to the conditions of
the tentative map approval, such as Condition 108, which works hand in hand with one another. Bonding is
required when the improvements are triggered by the PFFP.
Mr. Jamriska stated the improvement phasing .schedule required to be submitted will identify all of the backbone
facilities, and before the City Engineer approves the first final B map, that condition will identify all the required
backbone facilities, as well as a plan for the financing. The backbone facilities would not be triggered by the
conveyance of th~ lots to a different property o:wner. The trigger points for the backbone facilities occur when
the final B map is requested.
John Lippitt., Director of Public Works, gave an example of.EastLake Greens, that they came in with an overall
A map for the bacl.iKme streets and some of the backbone facilities. They were required to bond for those streets
within their facilities and were required to provide some off-site improvements. The City would have the right to
withhold building permits if they weren't done, and it was to conform with our level of service ordinance and the
growth management ordinance. Those wouldn't have to be bonded until such time as they were approaching those
thresholds.
Mayor Horton didn't believe there was ever an effort to have the primary land OWDers or developers sell at a
particular stage,. and as to what is currently being proposed, there was never a movement to do that with Eastlake
or Rancho del Rey, so it may not apply in this situation. She stated the concern was addressed in the report when
it talked about the different stages; however, it is her understanding that staff incorporated the protections that the
facilities will be built.
Ms. Moore said Section 7.1 shifts the bond requirement to the master builder, that they will be responsible for all
the backbone facilities regardless of the merchant builder. There would be a number of issues and concerns if we
were to require merchant builders coming in with smaIl projects to build or.construct mgor backbone facilities.
Section 7.1. puts it back to the master builder for. their responsibility, and it "is her llDdcrstanding that bonding for
the backbone facilities has occurred at .the A map stage. 1n this case, it's being done at the B map stage, except
for ~ ~cmeo.ts that se listed in Condition 108.
Councilmember Moot asked if the merchant builders would provide the boDding or would Villilge Development
obtain the bonding before the City. allows a sale to the merchant builders.
Mr. Jamriska said there were four basic items that needed to be bonded prior to the first phase of the backbone
facilities. and it is anticipated it will be the requirement of the master builders. All subsequent backbone facilities
will probably fall upon the burden of either the master builder and/or the merchant builders.
Councilmember Padilla didn't think there was a distinction there and as far as breaking down what the obligation
level would be at the guest builder level. You either have a complete obligation to guarantee 100 percent of the
backbone facilities at the A map stage or you have 100 percent transfer or relief of that obligation to the successors
in interest. .
Ms. Moore said the bonding is the safest guarantee the City can have, and having the bonding at the A map stage
is a more secure position for the City than doing it at later stages.
Mr. Lippitt said it was staff's opinion as long as there was a condition in there, they can't do any B maps or any
developments because this has to be resolved. It is a shift in time, but not a shift in development staging between
Maps A and B.
Councilmember Rindone said if we change the time sequence of this and there is some question of responsibility
that when a merchant builders comes in and cannot afford that, the master builder doesn't have the responsibility.
He did not hear the assurance that the City increased its protection, because the merchant builders will not have the
resources the master builders would have.
I(
Minutes
November 19, 1996
?2~~ 6
M2yor Honan said it was her understanding from the s-..aff report that it is the sole responsibility of Otay Ranch
LtC., or its successors in interest, to provide or finance the cost of the ba=kbone facilities ......quiP-...d in any final map,
including both A and B maps.
Ms. Moore said it was correct and what staff could do to clarify it would be to insert specific: language in Se.::tion
7.1 that states they shall provide the bonding.
12. Councilmember hdiIla asked what were some of the potaItial issues if the City allowed the bonding to be at
the B map stage, as opposed to the A map stage.
Ms. Moore said if you require the bonding at the A map stage, you have the bonding up front. If something were
to happen to the maser builder, we would have the bonding to go after in order to constru=t the improvements,
If we wait until later stages, even though there is that provision in the agreement that deals with its successors in
inrer-...st, there is al~"aysthe potential that we might Dot be able to get the master builder to actually construct the
backbone facilities, and we won't have bonding at that point because it was done at a later stage in development.
We would then tT)' to go to the merchant builder, which would be difficult to have the mer-...hant builder a.."tUa.liy
cons+..ruct major bacl..-bone facilities.
C01m::ilmember Alev)' said in ......ading the minutes of the Planning Commission, Counci1member-elect Mary Salas
expr-...ssed the sp--...cific concerns that the maser builder is forever obligated to do the backbone infrastructure should
they not survive lienholders to become obligated to the backbone infrastructure, etc. and the timing is the issue
we're talking about, but the reality is that the master bUIlder is required to be able to bond to do that.
Councilmember Rindone said the requirements of funding the backbone facilities is a greater risk. In order to tr)'
10 co~ that ~ we've put other safeguards in the agreement. Council has the responsibility to ensure that
the backbone facilities arc bUilt. -Be did Dot see why the old rules were changed, because they worked well and
. provided adequate safeguards.. . Be said the bottom line is that with the size of the Otay Ranch and the projected
buildout, We don't have the assntane'efrom the very front that:the bac:1::bcm.e ~ are in place, and it will
set the WI'ODg tone for this developmeot. If we bad required ibebonding at the very beginning as done in the past.
we wouldn't have to ~ up with an of these conditions.
Ms. Moore said according to the development agreement., if language is added to specifically deal with bonding,
it would require Village Development, and its successors in interest, to provide the bonding. There is also a
provision in the agreement that talks about subordination so it requires the lenders to subordinate to the development
a~ment. It is Dot the same as having the bonding up front, but there is a provision that holds Village
Development to provide the facility and the bond.
Councilmember Padilla said this issue presented itself at the request of Village Development. Tnere is a r-...ason
economically why they want to be able to sell off pa.rc:e.ls without making the guarantees up front on this size of a
SPA or at the A Map stage, but the question is whether that is what Council wants. The question here is this ~"aS
changed at the request of the applicant., there are reasons for that and the question for Council is whether or not
when we get to the development agreement and we look at the tentative maps, whether we will be satisfied, and
we have enough comfort with this level of a guarantee. There is no question that the manner in which staff is
recommending is less security to the City than if we required the bonds at the A map s+.age.
. Kim Kilkenny, 11975 El Camino Real, San Diego, CA, representing Village Developments, stated that City staff
and Village Development staff put a lot of time to ensure the problems that oc:cun-...d in St. Claire are not
experienced in Otay Ranch. Village Development is seeking to provide se...."llrity consistent with the PFFP, and that
is when a phase of development requires an improvement in order to serve that phase, then adequate security has
to be provided. The development agreement states that Village Development is the entity responsible. As a general
rule when you have a taItative map approved, and that's what Village Development is seeking in this hearing, there
is Dot an obligation in State law or Council policy that an applicant follow-up a tentative map approval with an A
map, 'What is different about this project is through the development agreement came a proposal from staff that
Village Development be required to do an A map on the whole of the SPA, village by village, If you look at the
conditions of approval, they have 10 be bonded at the twice their estimate, which is $160 million, If Council were
5
Minutes
November 19, 1996
Page 7
to pursue the common practice of allowing Village Developments to do A maps on a lesser area, Village
Developments would be willing to provide the security on the improvements associated with that lesser area. If they
do an A map on the whole of the village or an A map on the whole of the SPA, then the bonding security
requirements becomes burdensome because the tentative map is so large. If you look at the whole of development
agreement in conjunctimt with the tentative map require.meots, the City is assured that facilities will be built in a
timely manner, the St.Oaire experience will DOt~, and the cost of the facilities will be equitably shared
amongst all benefiting properties in the project.
."
Councilmember Rindone asked if staff considered Mr. Ki1kcr:my's suggestion of the A map for a small portion of
the project to ensure the backbone facilities were part of the A map.
Councilmember Moot stated staffs proposal was a better guarantee for the City.
Mr. Lippitt replied it was correct. Staff tried to come up with a mechanism that would meet the developer's needs
and also assure the City's compliances.
Richard Rosaler, Senior Planner, -continued staffs pn:se:ntation regarding the Otay Ranch project.
This being the time and place as advertised, the public hearing was declared open.
. William Lieberman, 852 Blaci'Wood Road, Cbula VISta, CA, Director of Planning and Operations with the
Metropolitan Transit Development Board, supported the project. He expressed concerns relating to guarded entries
and densities in the villages.
. Rick Williams, 3130 .Bonita Road, O1ula Vista, with Point Builders, spoke on behalf of West Coast Land Fund,
O'WDer of the 288-acre parcel spanning Villages 1 and 5. West Coast supports staff's recommendation, although
they would like to pe:rbaps build the concept to defer any approvals in Village 5 until the City, West Coast, and
Village Developmen1 have an opportunity to meet 3Dd explore issues.
...-' . --
· ..Kim TG1k~y, ,~ting ,Village Development, supported staff's TCCODUDCDdation with "the exception of
modifying a portion of the tentative map in Village 5 to encompass all of their ownership in Village 5, with the
exception of two specific parcels.
· · · Councilmember Padilla left the dais at 11:11 p.m. * * · .
· Kent Dayden, 11975 El Camino Real, San Diego, c.~, representing Village Developments, gave a presentation
regarding Otay Ranch and referred to the report by Village Development.
Mr. Kilkenny concluded with the issue of the scope. of the 1entative map. He indicated Village Development
supports staff recommendation with the single modification that the scope of the tentative map should include Village
Developments O'WDe.rsbip in Village 5, except for two parcels that immediately abut West Coast property which is
Parcel R-29 and Parcel P-3. West Coast bas previously indicated they would like to flip a school or park onto our
o'WDersbip. The portion of the property in R-29 and P-3 which should be excluded from the map is approximately
10 to 15 acres, an ample size to flip those kinds of uses. not that they are accepting or advocating that, but at least
it provides the possibility.
There being no further speakers, the public hearing was closed.
Councilmember Moot expressed concern of the practical effects of delaying the bonding until the B map level. He
asked what assurances were in place that the backbone infrastructures would be constructed.
Mr. Kilkenny answered that the development agreement contains a statement that until released by the City Council,
Village Development is obligated to provide for the backbone infrastructure. The development agreement also
f;;
Wilnutes
November 19, 1996
P2.~e g
requires the pro,'ision of a subordination agreem::nt by the l::nder aD the property in the event they take titl: to tht
p~, they are bound by the provisions of the rievelopm::.n1 agreement, including the backbone provision. :-nere
are a couple of levels of assurances in this project T.ne City of Chula Vista has a very ~oressive developm::nt
impa::t fee program and each building permit that goes through the process has to pay fur those developm::nt impa:::t
fees for Jl whole amry of facilities, and the City will constantly have the flow of revenue to make sUre each
individual parcel pays for its fair share of the :facilities.. 'What both the tL-ve1opment a.:.~t and tentative map
lmve are requirements that security be in place through bonding, but th=re are other Im"..-nm.;!:TU<: to ensure
completion of the facility in a timely manner.
Councilmember Alevy asked why the project did not include speed bumps, b--..cause it was different from the policy
Council enacted in T"'...cent months.
Mr. jamriska explained the speed bumps were Dot provided in T"'..spoDSe to requests by the FiTe Chief and Cnief of
Police who felt any impa..dim::nt to the traffic flow would hinder their quick T"'..sponse.
Councilmember Ale"yasked staff to address the impact ofMSCP on a County-wide basis on this panicular prqject,
and what are the impacts of Proposition 218 on this project
Mr. Lippitt said one impact would be if we had the op::II space distri:::t to maintain the op::II space around the
vill2.ge. If there are gated communities, everything private within the gated community would be maintained by
the .homeowners' association, and it would Dot be regulated at Bll by Proposition 218. For the portion probably
along the slopes ofTelegll1ph Canyon Road and Orange Av::nue with issues such as drainage, those could be and
probably would fall under the provisions of Proposition 218 which means the initial hearing would be set up before
people moved in.. If the people had ah-...ady moved into the project before the assessments, there would have to be
a vote..
Colttl~ber Moot expressed concern about guarded ~mlties.. He did not favor staff's recommendation and
doesn't see the big differr:nce whether it has Jl gate or gua.ni. because the concept is still the same. He could not
. see. valid ~to restrict any citizen m'the City of ChulaVista from driving in and around this particular area.
Councilmember Rindone 'was conce:ID""..a that guarded or gated communities sends the inapPropriate message of what
this project was originally conceived to be. \\lhen you have artificial barriers and even the insinuation of those
barriers, even if they are guards that are not there during the day, it creates a difference sense of ambiance. We
want to have the presence this is a good community and all parts have good protection and safety, not just those
who can afford to be in the single-family or higher residential facility. He did not favor guarded communities in
any form.
Mayor Borton indicated that gated communities were common, and there were two areas in Rancho del Rey which
Council did not oppose.. There are mobile home parks b--..hind gates, because it is the lifestyle the particular mobile
home parks wanted. She doesn't think it is exclusive; it is a choice and marketing tool for this project.
Councilmember Alevy referred to an article -The Next Ed::n, . from California Lawver magazine that l4lked about
the o..-nefits of having gated communities. Earlier this evening Council spoke at length regarding section 7.1 of the
development agreem::nt and the backbone infrastructures, and it was clear that Council did not want to create a
situation in this developm::nt that was not required of other lL-velopments. Be indicated we need to turn that around
with respect to gates, o.....cause we have allowed gates in other parts of the City. We have private single-family
residence developments with gates in both Eastlake and Randlo Del Rey, and he stated Council should be consistent.
If we are going to hold Rancho del Rey and Eastlake to the same requirements on other issues as Village
Development, then we should be consistent and do the same with giving them the opportunity from a marketing
standpoint to allow guarded portions of their development.
.MSC (Horton/AIery) to allow gate closures from dusk to dawn, failed 2-2-1 ~ith Moot and Rindone opposed
and Padilla absent.
1
Minutes
November 19, 1996
Page 9
MSC (AlevylHorton) to allow some facilities guarded from dusk to dawn, approved 3-1-1, with Rindone
opposed and Padilla absent.
RESOLUTIONS 18416, 18417 AND 18398 OFFERED BY COUNCll..MEMBER RINDONE, with the
exception of taking the issue of the bonding separate which is Item 12, approved 4-0-1 with Padilla absent.
13. PUBLIC HEARING ADOPI1NG DTAY RANCH PRE-ANNEXATION DEVELOPMENT
AGREEMENT 'WITH VllLAGE DEVELOPMENT - AD. amendment to the development a."oreement to further
guarantee infrastructure improvements where the developer wants to create parcels for sale prior to finalizing the
final subdivision map. The amendment also addresses future problems with regard to any debt payment that might
be levied to make public improvements or should development be only partially completed on any particular project
due to any stoppage of work especially due to a bankruptcy action. Staff recommends Council place the ordinance
on first reading. (Deputy City Manager, Planning Director, and Otay Ranch Manager) Continued from the
meeting of ll/U!96.
ORDINANCE 2691 AMENDING OTAY RANCH PRE-ANNEXATION DEVELOPMEl't"T AGREEME1\"T
BETWEEN OTAY RANCH, L.P., A CALIFORNIA LIMITED PARTNERSHIP, Vll.LAGE
DEVELOPMENT, A CALIFORr\lJA GENERAL PARTNERSHIP, A.l\'D THE CITY OF CHULA VISTA (first
readin~)
ORDINANCE 2691 OFFERED BY COUNCILMEMBER MOOT, including adding the bonding language to
section 7.1, approved 3-1-1 with Rindone opposed and Padilla absent.
ORAL COMMITh.'CA TIONS
. Bill Brasher, 1755 Old Gillette Avenue, Irvine, CA, representing Baldwin Builders, gave an update with the St.
Claire Crossing development.
BOARD A1\TD COMMISSION RECOMMEND A TIONS
None submitted.
ACTION ITEMS
14. RESOLUTION 18494 DISSOLVING THE COUNCIL APPOTh"TED INTERIM BECA BOARD - On
8/22195, Council approved an Interim BECA AdvisoI}' Board represented by 11 organizations/individuals. These
organizations/individuals were recommended by staff to provide a mix of public and private entities who are
stakeholders in the regional BECA aIliance. The Board's contributions include working with staff in the areas of
coordinating and leveraging regional resources, enhanced program marketing, and providing technical advice. These
functions may be best served by the Board continuing to act in an advisory capacity to the BECA program and staff.
For the purposes of legal clarification, staff is recommending the existing Interim Board, as appointed by Council,
be dissolved and the new Board membership be selected by staff. Staff recommends approval of the resolution.
(Director of Community Development) Continued from the meeting of ll/U/96.
Cheryl Dye, Economic Development Manager, said staff recommends Council dissolve the Council-appointed BECA
advisoI}' board, with the understanding that staff would appoint a board.
Councilmember Moot suggested constituting an Ad Hoc Council subcommittee on the BECA board and requested
staff research the issue of an ad hoc subcommittee with Council serving as an ex-officio non-voting member.
%
Minutes
November 19, 1996
P2.!!e 8
requires the pro,-won of a subordination agreement by the lender on the property in the event they take title to to:
prop=ty, they are bound by the provisions of the dev=lopm::m agreem=nt, including the backbone provision. Tnere
are a couple of levels of assunmces in this projecL T.ne City of Chula Vista has a very ~<>ressive development
impa::t fee program and each building permit that go=s through the process has to pay for those development impa:::t
fees for a whole atI2y of facilities, and the City will r.rw~'U]tly have the flow of revenue to make sUre each
individual parcel pays for its fair sbare of the fa::ilities. What both the development agreeme:ot and tentative map
.have are requiI=ncnts that security be in place through bonding, but there are other ~'-bm1i!:IIlS to. ensure
completion of the facility in a . timely manner.
Coun:::ilmember Alevy asked why the project did Dot include speed bumps, h--...cause it was different from the poli::y
Council enacted in T"'...cent months.
Mr. Jamri!;h explained the speed bumps were not provided in response to xequests by the Fire Chief and Cnief of
Police who felt any impa..diment to the traffic flow would hinder their quick response.
Coun::ilmember Alevy asked staff to address the impact ofMSCP on a County-wide basis on this particular project,
and what are the impacts of Proposition 218 on this proje:::t.
Mr. Lippitt said one impact would be if we had the open space distri::t to maintain the open space around the
village. If there are gated communities, everything private within the gated community would be maintained by
the .homeowners' association, and it would not be regulated at all by Proposition 218. For the portion probably
along the slopes of Telegraph Canyon Road and Orange Avenue with issues such as dnUnage, those could be and
probably would fall under the provisions of Proposition 21 g which means the initial hearing would be set up before
people moved in.. If the people had already moved into the project before the ::>=--~ts. there would have to be
a vote.
Co"tlr;}membe:r Mootcxpressed amcem about guarded c.t...........ities.. He did not favor staff'srecommendation and
doesn't see the big diffcn:nce whether it has a gate or guanI,because 1he concept is stilI the same. He could Dot
-.see:valid3:2SODSton:strictJID)' citizen in'1be City of ChulaVista from driving in JlDd around this particular aT""...2..
Councilmember Rindone was concem-...d that guarded or gated communities sends the inappropriate message of what
this proje:::t was originally conceived to be. When you have artificial barriers and even the insinuation of tiJose
barriers, even if the)' are guards that are not there during the day, it creates a difference sense of ambian:::e. We
want to have the presence this is a good community and all parts have good protection and safety, not just those
who can afford to be in the single-family or higher residential fa::ility. He did Dot favor guarded communities in
any form.
Mayor Borton indicated that gated communities were c:ominon, and there were two areas in Rancho del Rey which
Council did not oppose. There are mobile home paIXs h--....hind gates, because it is the lifestyle the particular mobile
home parks wanted. She doesn't think it is exclusive; it is a choice and marketing tool for this project.
Councilmembe:r luevy referred to an article .The Next Eden,. from California Lavlvermagazine that talked about
the h--...nefits of having gated communities. Earlier this evening Council spoke at length regarding section 7.1 of the
development agreement and the backbone infrastructures, and it was clear that Council did Dot want to create a
situation in this development that was Dot required of other d..-velopments. Be indicated we Deed to turn that around
with respect to gates, because we have allowed gates in other parts of the City. We have private single-family
residence developments with gates in both Eastlake and Rancho Del Rey, and he stated Council should be consistenL
If we are going to hold Rancho del Rey and Eastlake to the same requirements on other issues as Village
Development, then we should be consistent and do the same with giving them the opportunity from a marketing
standpoint to allow guarded portions of their developmenL
MSC (Horton/Alery) to allow gate closures from dusk to dawn, failed 2-2-1 ~ith Moot and Rindone opposed
and Padilla absent.
1
~
Minut.es
f..xc:~r-r
A++Z-..c-hr~t ~- 2-
August 4, 1998
Page 3
Councilmember Salas wanted to know if we could start right.
extension of the agreement with Southwestern College.
valuable resource for the community.
now talking about the
She felt this was a
David Palmer, Library and Recreation Director, responded that he did not feel
that would be a problem. That was the intent. With the Parks Master Plan being
revised now, that would also be incorporated into this.
Counc:i1.member .Rindone stated that on the fiscal impact statement, perhaps a
better way to phrase it would be -there is no chanoe in the fiscal impact."
There is a fiscal impact~ but there is no change in it.
Mayor Horton agreed with Counc:i1.member Salas' comments about starting the
negotiations on the extension of the joint use agreement. She had questions
about the actual programs being offered. She asked staff if they had any idea
how many students are involved, and how do they go about advertising to the
community that this program is available for them.
Sunny Shy, Assistant Director of Recreation, replied that they advertised through
their brochure that comes out about the availability ::or tennis. Also, lo'.r.
Chabbody does a good job of advertising through the Star News and through the
College. On an annual basis, there are over 500 students involved.
9 . A. RESOLUTION 19124 APPROVING FINAL .. A" MAP NO. 1 FOR CBULA VI STA TRAC7 NO.
96-04, OTAY RANCH SPA ONE VILLAGE 5, REJEC7ING ON BEHALF OF THE P~C.EAST
PALOMAR STREET1 OLYMPIC PARKWAY AND THE EASEMENT FOR STREET AND PUBLIC PURPOSES;
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE P~C .DRAINAGE EASEMENTS AND
ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION; ACKNOWLEDGING ON BEHALF' OF. THE PUBLIC THE
IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST OF EAST PALOMAR STREET, OLYMPIC
PARKWAY AND THE EASEMENT FOR STREET AND PUBLIC PURPOSES, LOT "G" FOR.PUBLIC PARK
PURPOSES, LOT "H" FOR OPEN SPACE AND LOT "I" FOR PUBLIC IMPROVEMEJ.~S - On
November 19, 1996, Council approved a portion of the Tentative Subdivision Map
for Tract 96-04, Otay Ranch SPA One (Otay Ranch Villages One and a portion of
Village Five, excluding 2BB acres located in a portion of Villages One and Five).
On March 25, 1996, Council approved a portion of the Tentative Subdivision Map
96-04 (Otay Ranch Village Five, Neighborhoods 2B, 29, 30, 31 and 39). Condition
Number 117 of the resolutions require the developer to submit and obtain City
approval of a master final map (-A" Map) over the portion of the tentative map
within each Village area showing "super block" lots. All "super block" lots
created are also required to have access to a dedicated public street. Per
staff's recommendation, the resolutions were approved unanimously 5-0. (Director
of Public Works)
B. RESOLUTION 19125 APPROVING "A" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NUMBER 96-04, OTAY RANCH SPA ONE PORTION OF
VILLAGE 5 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
10. RESOLUTION 19126 DECLARING THE INTENT TO ANNEX PARCEL NUMBER 639-160-32
AND THE RIGHT-OF-WAY FOR EAST NAPLES STREET ON THE SOUTHERN BOUNDARY TO OPEN
SPACE DISTRICT NUMBER 18 AND SETTING THE TIME AND PLACE FOR THE PUBLIC HEARING.
FOR 6:00 P.M. ON SEPTEMBER 22, 1998 - The final parcel map to subdivide Parcel
Number 639-160-32 is currently in process. The parkway along East Naples Street
q
~inu~es
huguso; ~, 1998
Page ~
0;0 ~he sou~h of ~his p~cel, which is pa~ 0: ~he righ~-o:-way for Eas~ Naples
s~ee~, is adjacen~ ~o Open Space Dis~ritt NUII6er 18 bu~ has no~ yet been
officiAlly annexed ~o ~he Dis-~itt. Per s~aff' s recommendation, ~he resolution
was app=oved unanimo~ly 5-0. (Direttor of Public WorY~)
1.1. lU:PORT CInZER PARTICIP~OIl ON Tm: COORS AMPE.~R E'V'E:NTS PI.ARNING
AND COORDIJiAXIOIl :rASE: FORCE - "1'he Events Planning and coordi.nation :rask Force for
~he Coors ~hitbea~er was formed ~o develop and moni~or ~he Even~s ~anagemen~
Plan ~o insure the smooth operation of the amphi~heater and minirni=e negative
~acts on ~he commu~io;y. At ~he time of approval of ~he amphi~hea~er projec~,
Council discussed ci~izen p~icipation and feedback, pa=-~cularly conce-~ing
impacts ~ residential development~ bordering Brand)rwine Avenue since they are
~he closest residential community to the amphitheater (at least until Dennery
Ranch is completed). Staff proposes to fa=ili~ate ci.~izen p~icipation by
in~iting ~wo represen~atives from ~hese communities to p~-ticipa~e in future
meetings 0:: ~he ~en~s Planning and Coordination Task Force. Per staff' s
recommenda~ion, Council acce~ed the repo~ and authori=ed the Mayor ~o seleco;
~wo re?~ esen~ati ves from ~e Point Robinhood and Brandywine Townhomes ~o
=epreseno; ~he :::ommuni~ on the ~en~s Planning and Coordina~ion Task ?or:::e. Item
was pulled by Councilmember Rindone. (Dire:::tor of Community Development)
Coun:::ilmembc>-=:- Rindone asked if ~he City will invite par";icipaD'::.s from Poino;
Robinhood and Brandywine Townbomes. Will they be homeowners or renters?
!'=ed Xassman, Redevelopment Coordinator, couldn' ~ say at this point. Its a
. matter of being nominated. by the !'..ayor .Be knew :People who have been interested
. have been calling:" Be felt it would be- best to have someone from the Bane Owners
Association on the Board.
'Councilmember Rindone agreed. If we have an option and choice of volunteers,
then he hoped we would opt for the homeowners.
MSUC (Rindone/Borton) ~o accept the repo~.
. * * END OF CONSENT Cr~NDhR * * ·
ORAL COMMUJl!CATIONS
There were none.
PUBLI C E:E1-.RINGS AND RELATED RESOLU'.!'! ONS AND ORDINANCES
12. PUBLIC BEARING TO COIlSIDER PLACING DELINQUENT SEWER CHARGES 011 THE
RESPECTrvE PROPERTY TAX BILLS FOR COLLECT!ON - Council shall consider placing
delinguen~ sewer :::harges on the respective pro?€rty tax bills for collection a~
o;he time set =or he~ing together wi~h any objections or protests by interested
parties. At the conclusion of the hearing, Council shall either approve the
account as submit~ed or as modified or correco;ed by Council. Council shall then
approve a resolution assessing such amounts as liens upon the respective parcels
of land as they are shown upon o;he last available assessment roll. The amounts
shall be charged to the propero;y owners on t~e nexo; reqular ~ax bill. Per
so;aff's recommendation, the resoluo;ion was approved unar.~mously 5-0. (Director
of Finance) Cont~nued from the meeting of July 28, 1998. ;It?
U;MRr::.:::.:993J . 1:42?l"U 6lS S91 Slil CiiIIU VISTA ENGINEERING ~+='.:4; ?:;:/2 @I0D;:
- - - THE CITY OJ' CBtJLA VISTA. DlSCLOSUEE STA'IEJttI!J\"T
f' ,r . A1\~~M~NT= <:,
You a!: rcqu1tr:d to fili: a $f:ll'lr........r at I>iJ:1osm: D! ~ ~l:Iip or ~ imcrQU, ~u, D.;.;rmp&ip ~om.
an 4111 mlu.::n which will x:qu1rc ~ a:tian an m:?C of the City C:nm~1, Plimn!:ll CammissiD~. and tll oth=' otfi::i~
hodie.s:. 'The follawinJ micrmatlon must be ~:
2.
:...is! tile mm::s of 211 p=riom havin: a "nR,,-hll :iul:::=:. ::c. m:: prcp:.."":)' wni:::b u ti1: su:,j= of ttt.c Z?Pli=atio:: O~ m: Contra:::..
~.i., own::t', p~I=-. CaDtD::mr, sub::onrra=mr. ma:::ria1 mppli:::.
0+0..'-) \Zu-l" L -V LL. L.
f)~1 '?r~~.p c..A- L. L I L '.
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Minut.es
fxc&trt
A-++Z-~ht~t ~- 2-
August 4, 1998
Page 3
Councilmember Salas wanted to know if we could start right
extension of the agreement with Southwestern College.
valuable resource for the community_
now talking about the
She felt this was a
David Palmer, Library and Recreation Director, responded that he did not feel
that would be a problem. That was the intent. With the Parks MasterPlan being
revised now, that would also be incorporated into this.
Councilmember Rindonestated that on the fiscal impact statement, perhaps a
better way to phrase it would be "there is no chanoe in the fiscal impact."
There is a fiscal impact~ but there is no change in it.
Mayor Horton agreed with Councilmember Salas' comments about starting the
negotiations on the extension of the joint use agreement. She had questions
about the actual programs being offered. She asked staff if they had any idea
how many students are involved, and how do they go about advertising to the
community that this program is available for them.
Sunny Shy, Assistant Director of Recreation, replied that they advertised through
their brochure that comes out about the availability for tennis. Also, 1"..r.
Chabbody does a good job of advertising through the Star News and through the
College. On an annual basis, there are over 500 students involved.
9.A. RESOLUTION 19124 APPROVING FINAL "A" MAP NO.1 FOR CHULA VISTA TRACT NO.
96-04, OTAY RANCH SPA ONE VILLAGE 5, REJECTING ON BEBALY OF THE P~C.EAST
PALOMAR STREET, OLYMPIC PARKWAY AND THE EASEMENT FOR STREE:r AND PUBLIC PURPOSES;
ACCEPTING ONBEHAI.F OF THE CITY OF CHtlLA Vl~A THE POBLlC .DRAINAGE EASEMEJr.l'S .AND
ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID
MAP WITHIN SAID SUBDIVISION; ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE
IRREVOCABLE OFFERS OF DEDICATION OF FEE INTEREST OF EAST PALOMAR STREET, OLYMPIC
PARKWAY AND THE EASEMENT FOR STREET AND PUBLIC PURPOSES, LOT "G" FOR.pUBLIC PARK
PURPOSES, LOT "H" FOR OPEN SPACE AND LOT "I" FOR PUBLIC IMPROVEMENTS - On
November 19, 1996, council approved a portion of the Tentative Subdivision Map
for Tract 96-04, Otay Ranch SPA One (Otay Ranch Villages One and a portion of
Village Five, excluding 288 acres located in a portion of Villages One and Five).
On March 25, 1996, council approved a portion of the Tentative Subdivision Map
96-04 (Otay Ranch Village Five, Neighborhoods 28, 29, 30, 31 and 39). Condition
Number 117 of the resolutions require the developer to submit and obtain City
approval of a master final map ("A" Map) over the portion of the tentative map
within each Village area showing "super block" lots. All "super block" lots
created are also required to have access to a dedicated public street. Per
staff's recommendation, the resolutions were approved unanimously 5-0. (Director
of Public Works)
B. RESOLUTION 19125 APPROVING "A" MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NUMBER 96-04, OTAY RANCH SPA ONE PORTION OF
VILLAGE 5 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
10. RESOLUTION 19126 DECLARING THE INTENT TO ANNEX PARCEL NUMBER 639-160-32
AND THE RIGHT-OF-WAY FOR EAST NAPLES STREET ON THE SOUTHERN BOUNDARY TO OPEN
SPACE DISTRICT NUMBER 18 AND SETTING THE TIME AND PLACE FOR THE PUBLIC HEARING
FOR 6:00 P.M. ON SEPTEMBER 22, 1998 - The final parcel map to subdivide Parcel
Number 639-160-32 is currently in process. The parkway along East Naples Street
q
AlrAc,HM~NT D
Unless othe~ise specified or required by law: (a). the conditions
w~d Code recruirements set forth below shall be comDleted Drior to
the related-final map as determined by the Director of Pianning,
Parks and Recreation, and the City Engineer (b). unless otherwise
specified, "dedicate" means grant the appropriate easement, rather
than fee title. Where an easement is required the applicant shall
be required to provide subordination of any prior lien holders in
order to ensure that the City has a first priority interest in such
land unless otherwise excused by the City. Where fee title is
granted or dedicated to the City, said fee title shall be free and
clear of all encumbrances, unless otherwise excused by the City.
Should conflicting wording or standards occur between these
conditions of approval, any conflict shall be resolved by the City
Manager or designee.
GENERAL/PRELIMINARY
l. Comply with all requirements and guidelines of the Parks,
Recreation Open Space and Trails Plan, Public Facilities Financing
Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable
Housing Plan, and the Non-Renewable Energy Conservation Plan,
unless specifically modified by the appropriate department head,
wi~h the approval of the City Manager. These plans may be subject
to minor modifications by the appropriate department head, with the
approval of ~he City Manager, however, any material modifications
shall be s~ject to approval by the City Council.
2. All of the terms, covenants and conditions contained herein
shall be binding upon and inure to the benefit of the heirs,
successors, assigns and representatives of the Developer as to any
or all of the Property. For purposes of this document the term
"Developer'. shall also mean "Applicant".
3 . If any of the terms, covenants or conditions contained herein
shall fail to occur or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms,
the City shall have the right to revoke or modify all approvals
herein granted including issuance of building permits, deny, or
further condition the subsequent approvals that are derived from
the approvals herein granted, institute and prosecute litigation to
compel their compliance with said conditions or seek damages for
their violation. The applicant shall be notified lO days in
advance prior to any of the above actions being taken by the City
and shall be given the opportunity to remedy any deficiencies
identified by the City.
4. Applican~ shall indemnify, Drotect, defend and hold the City
harmless from and against any -and all claims, liabilities and
costs, including attorney's fees, arising from challenges to the
Environmental Impact Report for the Project and/or any or all
entitlements and approvals issued by the City in connection with
the Project.
5. The applicant shall comply with all applicable SPA conditions
of approval.
SCHEDULE "l"
/3
6. Any and all agreements that ~he applicant is required to enter
In hereunder, shall be in a form approved by the City Attorney.
7. The terms, conal~ions and ~ime limi~s associa~ed with this
tentative map shall be consist~~~ with the Development Agreement
approved by Ordinance No. 2679 by ~he City Council on July 16, 1996
("Development Agreement I') and as amended on October 22, 1996.
8. The applicant shall comply with the terms of the Conveyance
Agreement, adopted by Resolution No. 18416 by the City Council on
October 22,3.996 ("Conveyance Agreement").
ENVIRONMENTAL
9. Prior to approval of each final "B" Map, the applicant shall
implement all applicable mitigation measures identified in EIR 95-
Ol, the CEQA Findings of Fact for this Project (on file in the City
Clerk's Office as Document No. C096-056) and the Mitigation
Monitoring and Reporting Program (on file in the City Clerk I s
Office as Document No. C096-057).
10. Prior to the approval of each final "B" Map, the applicant
shall comply with all applicable requirements of the Phase 2
Resource Management Plan (RMP) as approved by the City Cotu~cil on
June 4, 1996 and as may be amended from time to time by the City.
2.1. Prior ~o the approval of each final "B" Map, the applicant
shall comply with the Otay Ranch Resource Preserve in lieu fee
program to be adopted by the City Council.
l2. The Applicant shall comply with any applicable requirements of
the California Department of Fish and Game, the U. S. Department of
Fish and Wildlife and the U.S. Army Corps of Engineers.
DESIGN
13. The secondary access in the southern portion of Neighborhood
R-30 shall be surfaced with "grass-crete", "turf-block" or some
other comparable material unless otherwise approved by the Planning
Director and Fire Chief. Bollards shall be provided instead of the
locking gate noted on the map. The bollards shall be located
closer to the terminus of the cul-de-sac (Parker Mountain Road),
rather than adjacent to Santa Rosa Drive.
14. Any proposed monumentation/signage shall be consistent with
the Village Design Plan and shall be reviewed and approved by the
Planning Director prior to approval of the appropriate final map.
15. In addition to the requirements outlined in the City of Chula
Vista Landscape Manual, privately maintained slopes in excess of 25
feet in height shall be landscaped and irrigated to_soften their
appearance as follows: one 5-gallon or larger size tree per each
150 square feet of slope area, one I-gallon or larger size shrub
per each 100 square feet of slope area, and appropriate
groundcover. Trees and shrubs shall be planted in staggered
clusters to soften and vary the slope plane. Landscape and
irrigation plans for private slopes shall be reviewed and approved
S CHEDtJ"LE "1" / If
by the Planning Director prior to approval of the appropriate final
map.
16. A comprehensive wall plan in~icating color, ma~erials, helg~~
and location shall be revlewed and approved by the Planning
Director prior to approval of any final liB" Map. Materials and
color used shall be compatible and all walls located in corner
side-yards or rear yards facing public or private streets or
pedestrian connections shall be constructed of a decorative masonry
and/or wrought iron material.
A revised acoustical analysis indicating if view fencing, such as
a combination of masonry and wrought iron, is allowable at the ends
of cul-de-sacs backing up to Telegraph Canyon Road, East Orange
Avenue and Paseo Ranchero, shall be prepared prior to submittal of
the wall plan indicated above. If such fencing is allowable per
the final acoustical analysis it shall be provided at the ends of
the following streets: Parker Mountain Road, Geyserville Street,
Jamestown Drive, Moss Landing Avenue, Porterville Court, Firebaugh
Court, Street C4r San Dimas Court, Hanford Court, Rocklin Court,
Colton Court, Rincon Point, Santa Inez Avenue, Traver Court, Vernon
Courtr Lindsay Street, Applegate Street, w~d Dunsmuir Court. View
fencing shall be provided at the ends of all other open cul-de-sacs
where a sound wall is not required.
Any combina~ion free standing/retaining walls shall not exceed 8.5
fee~ in height. The applicant shall submi~ a detail and/or cross
section of the maximum/minimum conditions for all "combination
walls" which include retaining and free standing walls. Said
detail shall be reviewed and approved by the Director of Planning
prior to the approval of the first final map. The maximum height
of all retaining walls shall be 2.5 feet in height when combined
with freestanding walls which are six feet in height. A 2-3 foot
separation shall be provided between free standing and retaining
walls where the combined height would otherwise exceed 8.5 feet.
17. Lots backing or siding onto pedestrian paseos or parks shall
be provided with view fencing, such as tb~ee feet of wrought iron
on top of a three foot masonry wall, subject to approval by the
Fire Marshal and the Planning Director.
18. Should the applicant propose an amendment to the Otay Ranch
General Development Plan to reduce density within the Village Cores
at some time in the future, the provision of additional alley
product shall be analyzed and considered concurrently with said
amendment.
-".::. The Design Review Committee shall review and approve the
elevations of all homes backing and siding onto Telegraph Canyon
Road in Neighborhood R-5.
20. A minimum of thirty percent of all 55 x 105 feet lots in each
final map shall be provided with Hollywood driveways. The
applicant agrees to process an amendment to the Planned Community
District Regulations for SPA One to reflect said requirement.
SCHEDULE "1" /~
STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS
21. Dedicate for public use all the public streets shown on ~he
tentative map within the subd:"-v"ision b::mndary. Pyioy -::0 -"n.:o.
approval of the applicable "B" Map, the applicant shall en-::er in~o
an agreemen~ to guarantee the constyuction of all street
improvements as required by the PFFP for each particular phase.
22. Secure in accordance with Section 18.16.220 of the Municipal
Code, as necessary, the construction and/or construct full street
improvements for all on-site and off-site streets deemed necessary
to provide service to the subject subdivision. Saidimprovements
shall include, but not be limited to, asphalt concrete pavement,
base, concrete curb, gutter and sidewalk, sewer, reclaimed water
and water utilities, drainage facilities, street lights, signs,
landscaping, irrigation, fencing and fire hydrants.
Street cross sections shall conform to the cross sections shown on
the Tentative Map. All other design criteria shall comply with the
current Chula Vista Design Standards, Chula Vista Street Design
Standards, and the Chula Vista Subdivision Manual unless otherwise
conditioned or approved herein. Exhibit A indicates the
yelationsbip between the Otay Ranch SPA One roadway designations
and the approved City designations in the Circulation Element of
the General Plan for purposes of determining the appropriate design
standards for all streets within SPA One.
Should the City Engineer deem that the construction of sidewalks
along the offsite portions of East Orange Avenue and East Palomar
Street west of Paseo Ranchero is not necessary to provide service
to the subject subdivision, their construction may be delayed.
The developer shall dedicate on the appropriate final "B" Map, the
right-of-way to extend Carmel Avenue, Santa Lucia Road, Santa Flora
Drive, Gold Run Road, Applegate Street, Livingston Avenue and
Grayson Court to the easterly subdivision boundary of Village One.
The City Engineer and the Planning Director may wai ve this
requirement if it is demonstrated that a s~reet does not need to be
extended to provide access to the adjacent property.
Unless otherwise approved by the City Engineer, the developer shall
provide a cul-de-sac at the end of all proposed street stubs along
the subdi vision boundary. The City Engineer may approve the
installation of a temporary turnayound at the end of those streets
that might be extended in the future to provide access to the
adjacent property.
23. In accordance with the pre-annexation Development Agreement
the developer shall grant to the City fee title to the right-of-way
for SR 125. Said right-of-way shall be contained in a lot granted
to the City for open space, transportation and other public
purposes. The right-of-way shall be granted at such time as
requested by the City.
24. As part of the improvement plans associated with the final "B"
Map which triggers the installation of the related street
improvements, install a fully activated traffic signal including
interconnect wiring at the following intersections:
SCHEDULE "1"
lip
a. East: Palomar Street ana. Paseo Ranchero
b. East Palomar Street an:::. La Media Road
c. ~ast Palomar Street an=. East Ora...""lge Avenue
d. East Orange Avenue and ?aseo Ranchero
e. East Orange Avenue and La Media Road
Install underground improvements, standards and luminaries w::..r:.n
construction of street improvements, and install mast arms, signal
heads and associated equipment as determined by the City Engineer.
25. Submit to and obtain approval by the City Engineer of striping
plans for all collector or higher classification streets
simultaneously with the associated improvement plans.
26. Design all vertical and horizontal curves and intersection
sight distances to conform to the Caltrans Highway Design Manual.
Sight visibility easements shall be granted as necessary to comply
with the requirements in the Caltrans Highway Design Manual.
27. Plane r:.rees within all street parkways which have been
selected from the revised list of appropriate tree species
described in r:.he Village Design Plan which shall be approved by the
Directors of Planning, Parks and Recreation and Public Works. The
applicant shall provide root conr:.rol methods per the requirements
of the Parks and Recreation Director and a deep watering irrigation
system for the trees. An irrigation system shall be provided from
each individual lot to the adj acent parkway. The improvement plans,
including final selection of street trees, for the street parkways
shall be approved by the Directors of Planning, Parks and
Recreation and the City Engineer.
28. Enter into an agreement with the City, prior to approval of
the first final "A" Map, where the developer agrees to the
following:
a. nL~d and install Chula Vista transit stop facilities when
directed by the Director of Public Works. The improvement
plans for said stops shall be prepared in accordance with
the transit stop details described in the Village Design
Plans and approved by the Directors of Planning and
Public Works.
b. Not protest the formation of any future regional benefit
assessment district to finance r:.he Light Rail Transit.
c. ?und its fair share of r:.he cost of construction of the
two pedestrian bridges connecting Villages One to Village
Two and Village Five to Village Six as determined by the
City Engineer based on the proportionate benefit received
from the improvements. The developer shall also identify
the financing mechanism to be used to fund said cost.
29. Grant in fee to the City the right-of-way for the Light Rail
Transit as indicated on the approved Tentative Map. Said right-of-
SCHEDULE 11111 /1
way shall be contained in lots g~~~ted to ~he City fo~ open space,
t~ansportation, and other public pu~oses. Said lots shall no~
extend across street intersec'C:..ons unless approved by the City
Engineer. Include said lots in an open space distric'C.
30. Guarantee the construction and enter into an agreement to
construct the pedestrian bridge connecting Village One to Village
Five in accordance with improvement plans approved by the City
prior to approval of the final map that requires construction of La
Media Road between East Palomar Street and East Orange Avenue. The
developer shall be responsible for the construction of said bridge
and may seek, with the concurrence of the City, repayment from
other benefiting property owners through a reimbursement district.
3l. In the event the Federal Government adopts ADA standards for
street rights-of-way which are in conflict with the standards and
approvals contained herein, all such approvals conflicting with
those standards shall be updated to reflect those standards.
Unless otherwise required by federal law, City ADA standards may
be considered vested, as determined by Federal regulations, only
after construction has commenced.
32. Prior to approval of any final map that requires the
construction of Santa Madera Avenue between Telegraph Canyon Road
and Morgan Hill Drive ("Temporary Roadway"), in order to access the
final map property, the developer shall accomplish the following:
a. Obtain all permits and agreements with the environmental
regulatory agencies required to construct the "Temporary
Roadway" .
b. Obtain a construction permit from the City approving the
necessary modifications to the existing improvements in
Telegraph Canyon Road including the provision of a fully
activated traffic signal as directed by the City
Engineer.
c. Enter into an agreemen'C where the developer agrees to:
(1) Perform the following:
(a) Restore the median improvements and remove the
traffic signal as directed by the City
Engineer to provide only right-injright-out
access at said intersection. This work shall
be performed a'C such time as La Media Road
between Telegraph Canyon Road and East Palomar
Street is opened for public use.
(b) Remove to the satisfaction of the City
Engineer the remaining "Temporary Roadway"
improvements required to close said
intersection, at such time as a permanent road
connecting Filmore Street in Village One to
East Orange Avenue is opened for public use.
SCHEDLJLE 111" /1
(2) Restore the Teles~aph Canyon Road improvements and
regrade the a~ea to ~e consistent with ~he
streetscape of ?elegrap~ Canyon Road and ~ne
drainage channel as direc~ed by the Ci~y Engineer
and Director of Parks and Recreation.
(3) Install signs as directed by the City Engineer,
indicating that the "Temporary Roadway" will be
closed once the permanent road connecting Filmore
Street in Village One to East Orange Avenue is
opened for public use.
(4) Provide a Notice in any residential disclosure
document that the "Temporary Roadway" will be
closed once the permanent road connecting Filmore
Street in Village One to East Orange Avenue is
opened for public use.
(5) Provide security acceptable to the City in the
amount determined by the City Engineer to guarantee
the following:
(a) Restoration of the median improvements and
removal of ~he traffic signal required to
provide only right-injright-out access at said
intersection. Said bonds shall be provided
prior to approval of the final map requiring
the construction of La Media Road between
Telegraph Canyon Road and East Palomar Street.
(b) Removal of the remaining temporary
improvements required to close said
intersection and restoration of the area as
directed by the City Engineer and Director of
Parks and Recreation. Said bonds shall be
posted prior ~o approval of the final map for
Village One Co~e or fu~y unit thereof.
(6) Provide for all costs associated with the vacation
of the "Temporary Roadway"
33. As part of the improvement plans associated with the first
final "B" Map which triggers the construction of Paseo Ranchero, La
Media or Santa Paula Drive, provide the necessary modifications to
the applicable existing traffic signals including interconnect
wiring at the following intersections:
a. Telegraph Canyon Road a~ St. Claire Drive
b. Telegraph Canyon Road at Otay Lakes Road
c. Telegraph Canyon Road at Paseo Ranchero
Install underground improvements, standards and luminaries
with construction of street improvements, and install mast
arms, signal heads and associated equipment as determined by
the City Engineer.
SCHEDULE "1" / 1
3.f. Include the right of way fo:::- t.he proposed "Temporary Roadway"
(S~~ta Madera Avenue between Telegraph Canyon Road ~~d Morgan Hill
Drive) in a separate lot. In the appropriate final "B" Map, as
det.ermined by the City Engineer, grant said lot in fee ~o the Ci~y
for open space, transportation, and other public uses.
35. Guarantee the construction and enter into an agreement ~o
construct, prior to the approval of any final liB" Map for
Neighborhoods R-25, 26, l7, l8, 19, CPF-l, 2, 3, C-l or 2 or <any
unit thereof, the construction of a permanent public road
connecting Filmore Street in: Village One to East Orange Avenue. as
depicted on the Tentative Map. This road shall have a right-of-way
width of 40 feet and be designed and constructed to City standards
for residential streets except that it shall have a width (curb to
curb) of 26 feet and sidewalk only on one side.
36. Provide (2) twenty feet setback on driveways from property
line to garage and (2) sectional roll-up type garage doors at all
properties fronting on streets where cul-de-sacs are 250 feet or
less in length except as provided for in the Planned Community
District Regulations or approved by the City Engineer and the
Planning Director.
37. Not install privately owned water, reclaimed water, or other
utilities crossing any public street. This shall include the
prohibition of the installation of sleeves for future construction
of privately owned facilities. The City Engineer may waive this
requirement if the following is accomplished:
a. The developer enters into an agreement with the City
where the developer agrees to the following:
(l) Apply for an encroachment permit for installation
of the private facilities within the public right-
of-way.
(2) Maintain membership in an advance notice such as
the USA Dig Alert Service.
(3) Mark out any private facilities owned by the
developer whenever work is performed in the area.
The terms of this agreement shall be binding upon the
successors and assigns of the developer.
b. Shutoff devices as determined by the City Engineer are
provided at those locations where private facilities
traverse public streets.
38. Grant on the final "BII Map containing the proposed connection
to EastLake Parkway (between the two existing Otay Water District
parcels) a 60-foot wide easement for street right-of-way and other
public purposes along said connection. Prior to approval of the
same map the developer shall guarantee the construction of the
following improvements within said 60-foot wide easement:
SCHEDULE Ill"
c?-o
a. Pedestrian, cart and bicycle imp~ovements as determined
by the City Enginee~ and Pla~Jling Di~ecto~. The
improvement plans shall be prepa~ed in such a way as ~o
not preclude the option of providing street improvements
for vehicular access in the future.
b. Vehicular access improvements to the existing Otay
Municipal Water District parcels as determined by the
City Engineer and the Otay Municipal Water District..
39. Grant on the final "B" Map containing the paseo between
Neighborhoods R-B and R-9 a 60-wide easement for street right-of-
way and other public purposes. The paseo improvements shall be
constructed within said easement. Prior to approval of the same
final map the developer shall accomplish the following:
a. Guarantee the construction of the pas eo improvements (if
public) as directed by the Director of Planning, Director
of Parks and Recreation, and City Engineer.
b. Enter into an agreement with the City where the developer
agrees to construct street improvements for vehicular
access within the 60-foot easement in accordance with
improvement plans approved by the City Engineer i-f
vehicular access is needed in the future.
40. Include in separate lots the right-of-way required to
accommodate the future grade separation at the intersections of (1)
Telegraph Canyon and Otay Lakes Road, and (2) East Orange Avenue
and Paseo Ranchero. These lots shall be granted in fee to the City
for Open Space, transportation, and other public purposes on the
appropriate final "B" Map, as determined by the City Engineer.
41. Residential Street Condition A as denoted on the cover page of
the tentative map is the preferred section and shall be implemented
on all residential streets, excluding the alley product, unless
otherwise approved by the City Engineer and Planning Director.
42. The applicant shall submit a conceptual design for the bridge
connections between Village One and Village Five which indicates
materials, height, location, etc. Said design plan shall be
reviewed and approved by the Planning Director prior to approval of
the final lIB" Map that requires construction of La Media Road
between East Palomar Street and East Orange Avenue.
43. Requested General Waivers I, 2, and 3 and Specific Waiver 3,
as indicated on the cover sheet of the tentative map, are hereby
approved. Specific Waivers 1 and 2 are approved subject to the
condition that one-way circulation be provided at the north-south
streets adjacent to parks P-4 and P-5, unless otherwise approved by
the City Engineer.
44. The applicant shall submit and obtain approval from the City
Engineer and the Planning Director of a final conceptual design of
the proposed traffic circles prior to approval of the first final
"B" Map. The developer shall submit striping, signage and
SCHEDULE
"1" c2/
landscape plans for all traffic ciycles indicated on ~he tentative
map. In the event the traffic ciycles are not approved, some type
of alternative enhanced landscaping and/or entry statement at those
intersections acceptable to the City Engineer and the Planning
Director, shall be identified prior to approval of the first final
"B" Map.
45. Right-of-way for the light rail transit line shall provide for
spiral curves as required by MTDB and approved by the City
Engineer.
46. Unless otherwise approved by the City Engineer, the developer
shall provide sewer stubs extending to the easterly subdivision
boundary of Village One at the following locations: (l) all the
street stubs proposed along said boundary, and (2) at those
locations where right-of-way dedication is required to extend
Carmel Avenue, Santa Lucia Road, Santa Flora Drive, Gold Run Road,
Applegate Street , Livingston Avenue and Grayson Court to said
subdivision boundary.
47. Prior to approval of the first final "B" Map the developer
shall submit and obtain the approval of the City Engineer of a
design study of the connection of the sewerline shown on the
tentative map as ending at the northerly end of Gold Run Road to an
approved public sewer system.
GRAD::rNG AND DRAINAGE
48. Provide a setback, as determined by the City Engineer, between
the property lines of the proposed lots and the top or toe of any
slope to be constructed where the proposed grading adjoins
undeveloped property or property owned by others. The City
Engineer shall not approve the creation of any lot that does not
meet the required setback.
The developer shall submit notarized letters of permission to grade
for all off-site grading.
49. Submit a list of proposed lots with the appropriate grading
plan indicating whether the structure will be located on fill, cut
or a transition between the two situa~ions unless otherwise
approved by the City Engineer.
50. Comply with all the provisions of the National Pollutant
Discharge Elimination System (NPDES) and the Clean Water Program.
51. Provide runoff detention basins or any other facility approved
by the City Engineer to reduce the quantity of runoff from the
development to an amount equal to or less than the present 100-year
frequency runoff.
52. Provide "as built" improvement and storm drain plans in DXF
file format to the satisfaction of the City Engineer.
53. Grant on the appropriate final "B" Map a l5 feet minimum
drainage and access easement for storm drain lines located between
SCHEDl.i"LE "1" ;;2.:;2
yesidential units unless otherwise directed by the City Engineeyo
All other easements shall meet Ci~y standards for re~ired wid~h.
S~. prior::.o approval of (1) the first final "B" Map or grading-
permit for land draining into the Poggi Canyon or (2) the fiyst
final "B" Map or grading permit which requires construc::.ion of
Santa Madera between Telegraph Canyon Road and Morgan Hill Drive
( "Temporary Roadway"), the developer shall:
a. Guarantee the construction of the applicable drainage
facility, unless otherwise approved by the City Engineer
as follows:
(1) Runoff detention/desilting basin and naturalized
channel in Poggi Canyon; or
(2) Runoff detention Basin in Telegraph Canyon Channel
The City Engineer may approve that these facilities are
constructed at a later time if the developer provides
private temporary runoff detention basins or other
facilities, approved by the City Engineer, which would
reduce the quantity of YUnoff from the development to an
amount equal to less than the present 100 year flow.
Said temporary facilities shall comply with all the
nrovisions of the National Pollutant Discharoe
- ~
Elimination System (NPDES) and the Clean Water Program.
Prior to issuance of any grading permit which approves
any temporary facility, 'C.he developer shall enter into an
agreement with the City to guarantee the adequate
operation and maintenance (0 & M) of said facility. The
developer shall provide security satisfactory to the City
to guarantee the 0 & M activities, in the event said
facilities are not maintained oto City standards as
determined by the City Engineer.
The developer shall be responsible for obtaining all
permits and agreements with the environmental regulatory
agencies required to perform this work.
b. Prepare a maintenance program including a schedule,
estimate of cost, operations manual and a financing
mechanism for the maintenance of the applicable
facilities. Said program shall be subject to approval of
the City Engineer, the Director of Parks and Recreation,
and the applicable environmental agencies.
c. Enter into an agreement with the City of Chula Vista and
the applicable environmental agencies (Fish and Game,
Fish and Wildlife) wherein the parties agree to implement
the maintenance program.
d. Enter into an agreement with the City where the developer
agrees to the following:
SCHEDULE "1"
as
(1) Provide for the maiDten~~ce of the proposed
detention basin in Telegraph Canyon and the
proposed naturalized channel and detention basin in
Poggi Canyon until such time as main~enance of such
facilities is assumed by ~he City or an open space
district.
(2) Provide for the removal of siltation lD the
Telegraph and Poggi Canyon Channels (including
detention basins) until all upstream grading wit~in
the development is completed and erosion protection
planting is adequately established as determined-by
the City Engineer and Director of Parks and
Recreation.
(3) Provide for the removal of any siltation in the
Telegraph and Poggi Canyon Channels (including
detention basins) attributable to the development
for a minimum period of five years after
maintenance of the facility is assumed by the City
or an open space district.
55. Enter into an agreement with the City, prior to approval of
the first final "B" Map or grading permit for land draining into
the existing Telegraph Canyon Channel, where the developer agrees
to perform the following activities within the portion of said
existing channel extending from Paseo Ladera to the eastern
subdivision boundary:
a. Provide for the removal of siltation until all upstream
grading within the development is completed and erosion
protection planting is adequately established as
determined by the City Engineer and Director of Parks and
Recreation_
b. Provide for the removal of any siltation attributable to
the development for a minimum period of five years after
maintenance of the channel is assumed by the City or an
open space district.
56. Ensure that brow channels and ditches emanating from and/or
running through City Open Space are not routed through private
property and vice versa.
57. Provide a graded access (12 feet minimum width) and access
easements as required by the City Engineer to all public storm
drain structures including inlet and outlet structures. Improved
access as determined by the City Engineer shall be provided to
public drainage structures located in the rear yard of any
residential lot.
58. Provide a protective fencing system around (1) the proposed
detention basins at Telegraph Canyon and Poggi Canyon, and (2)
inlets and outlets of storm drain structures, as directed by the
City Engineer. The final design and types of construction
SCHEDtJ"'!...E "1"
;<4
materials shall be subject to app~oval of ~ne Directo~ of ?lanning
and the Ci~y Engineer.
~~. Designa~e all drainage faci:~~ies draining private property ~o
the point of connection with public facilities as private.
60. Provide a 6 inch thick concrete access road to the bottom of
the proposed detention basins. This access shall have a minimum
width of l2 feet, a maximum slope of 8%, and a heavy broom finish
on the ramp as directed by the City Engineer.
6l. Obtain a Letter of Map Revision (LOMR) from the Federal
Emergency Management Agency revising the current National Flood
Insurance Program maps of the Telegraph Canyon Channel to reflect
the effect of the proposed drainage improvements. The LOMR shall
be completed prior to acceptance by the City of the proposed
detention facility.
62. Provide graded maintenance access roads along both sides of
the proposed onsite and offsite portions of the Poggi Canyon
Channel. The width of said roads shall be 12 feet unless otherwise
approved by the City Engineer. The final dimensions and location
of the access roads shall be as determined by the City Engineer.
63. Obtain, prior to approval of the first final "B" Map, the
approval of the Director of Public Works to any amendment necessary
to make the Master Drainage plan consistent with the approved
Tentative Map.
64. Prior to the installation of the regional trail, install a
fence along those portions of (l) the existing maintenance access
roads along the Telegraph Canyon Channel, and (2) the proposed
maintenance access roads of the Poggi Canyon Channel, which are
proposed to be incorporated into the Regional Trail System. The
fence shall be erected only at those locations where its
installation will not interfere with the normal channel
maintenance. The specific locations where the fence will be
allowed and the fence details shall be as determined by the City
Engineer and Director of Parks ~~d Recreation.
65. Prepare and obtain approval by the City Engineer, Director of
Planning, and Director of Parks and Recreation of an erosion and
sedimentation control plan and landscape/irrigation plans as part
of the grading plans.
66. Landform grading, similar to what has been proposed along
Telegraph Canyon Road and consistent with City policy, shall be
implemented adjacent to all off-site major roads.
67. Indicate on all affected grading plans that all walls which
are to be maintained by open space districts shall be constructed
entirely within open space lots dedicated to the City.
68. Prior to the approval of the grading plans proposing the
grading of the area that would accommodate the future grade
separated intersections at East Orange Avenue/Paseo Ranchero and
SCHEDULE "1"
~
Telegraph Cw~yon Road/Otay Lakes Road, the develope~ shall submi~
a design s~udy, acceptable to ~he City E~gineer, of ~he grading
~equired fo~ said grade separated intersec~ions.
69. The grading plans for the intersection at East Orange
Avenue/Paseo Ranchero shall include a par~ial grading of the area
that would accommodate the eastbound on-ramp and off-ramp and the
westbound on-ramp of the future grade separated intersection. The
elevations and extent of the required grading shall be determined
by the City Engineer to: (~) allow in the future the construction
of any additional grading necessary for the ultimate intersection
configuration, and (2) construct the Poggi Canyon Channel at its
ultimate location.
70. Prior to approval of the grading and/or improvement plans
proposing the construction of the culvert under La Media Road at
the crossing with the Telegraph Canyon Channel, the developer shall
submit a study acceptable to the City Engineer demonstrating that
the proposed culvert will be capable of handling the design flow in
the event said culvert needs to be extended in the future in
conjunction with the grading for a grade separated intersection at
Telegraph Canyon Road/Otay Lakes Road.
7l. Unless otherwise approved by the City Engineer, the developer
shall provide an underground storm drain connecting the cleanout in
Park P-9 to the Telegraph Canyon Channel Drainage easements shall
be provided as required by the City Engineer.
SEWER
72. Provide an improved access road with a minimum width of l2
feet 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.
73. Grant on the appropriate final "B" Map a 20 feet minimum
sewer and access easement for sewerlines located between
residential units unless otherwise directed by the City Engineer.
~~l other easements shall meet City standards for required width.
PARKS/OPEN SPACE/WILDLIFE PRESERVATION
General
74. The SPA one project shall satisfy the requirements of the Park
Land Dedication Ordinance (PLDO). The ordinance establishes a
requirement that the project provide three (3) acres of local parks
and related improvements per 1,000 residents. Local parks are
comprised of community parks and neighborhood parks. Pedestrian
parks are an integral component of the plan and shall recei ve
partial park credit as defined below. A minimum of two thirds (2
acres/l/OOO residents) of local park requirement shall be satisfied
through the provision of turn-key neighborhood and pedestrian parks
within SPA One. The remaining requirement (1 acre/l,OOO residents)
shall be satisfied through the payment of fees.
75. All local parks shall be consistent with the SPA One PFFP and
shall be installed by the Applicant. A construction schedule,
SCHEDULE "1"
c20
re~Jiring all parks to be comple~ed in a ~imely manner, shall De
approved by ~he Director of Parks and Rec~ea~ion.
76. All local parks shall be designed an~ constructe~ consis~en~
w~~n the provisions of the Chula Vista Landscape Manual and rela~ed
Parks and Recreation Department specifica~ions and policies.
77. The applicant shall enter into a Chula Vista standard three
party agreement with the City of Chula Vista and design
consultant(s), for the design of all aspects of the neighborhood
and community parks in accordance with the Master Plan whereby the
Parks and Recreation Director selects the design consultant(s), to
be funded by the applicant. The cost for the consultant(s) shall
be established and said amount deposited into an account prior to
any work being initiated by the consultant. The agreement shall
include, but not be limited to, rraster planning, design development
phase, construction document phase and construction supervision
phase for the park sites. The construction documents shall reflect
the then current requirements of the City'S Code/Landscape Manual
requirements.
78. The Applicant shall receive surplus park credit to the exrent
the combined park credit for neighborhood parks, pedestrian parks,
the town square park and the community park exceeds the 3 acres per
1,000 residents standard. This surplus park credit may be utilized
by ~he Applicant to satisfy local park re~~irements in future SPAs.
79. The Applicant and the City shall mutually agree on a PAD fee
reimbursement schedule in coordination with the adopted
construction schedule. Milestones will be established for partial
reimbursement during the construction process. The City may
withhold up to 20% of the park construction funds until the park
has been completed and accepted. Reimbursement of PAD fees shall
include the interest accrued by the City on said PAD fees minus the
City's cost of processing and administering this reimbursement
program.
BO. Grant in fee all designated public park lands at such time as
is necessary to implement the requirements of the PLDO and the
PFFP.
B1. pedestrian Parks (also known as mini-parks): pedestrian parks
less than five acres, as identified in the SPA One Plan, shall be
maintained by a funding entity other than the City's General Fund.
Pedestrian parks shall receive a minimum of 25% and a maximum of
50% park credit, as determined by the Director 0:: Parks and
Recreation pursuant to the City wide small park credit criteria
which shall be approved by the City Council.
B2. Neighborhood Parks:
a. In addition to those PAD fees required by Condition No.
B3, the Applicant shall pay PAD fees based on a formula
of 2 acres per 1,000 residents for the first 500 dwelling
units. In the City'S sole discretion, PAD fees may be
SCHEDULE 11111
:27
required for units in excess 0= the first 500 dwelling
u::.its.
b. Prior to the approval of the first final map which
creates residential 10'Cs ("B" Map), the applicant shall
enter into a supplemental agreement where the applicant
agrees to construct the first neighborhood park in SPA
One, in a location determined by the Director of Parks
and Recreation, no later than issuance of the building
permit for the SOOth dwelling unit. The agreement shall
also provide the following:
(~) The level of amenities required in the first phase
of construction of the first neighborhood park
shall be determined by the Director of Parks and
Recreation in conjunction with the park master
planning effort required by the City of Chula Vista
Landscape Manual. Said level of amenities shall be
equivalent to five acres of neighborhood park
improvements as described in the PLDO ordinance and
the Park Master Plan as approved by the Director of
Parks and Recreation. The applicant shall complete
construction of 'Che first phase of the first
neighborhood park within six (6) months of
commencing construction of said park.
(2) Prior to issuance of the building permit for the
llSOth dwelling unit, the Director of Parks and
Recreation shall determine the level of amenities
required for the second phase of construction of
this park consistent with the PLDO and the Park
Master Plan, or in lieu of the second phase,
require the construction of another neighborhood
park at a different location. If the applicant
cannot build a park at a different location chosen
by the Director of Parks and Recreation, the City
may require the applicant to pay PAD fees.
(3) At no time following completion of construction of
the first phase of the first neighborhood park
shall there be a deficit in "constructed
neighborhood park" based upon 2 acres/l,OOO
residents. Applicant agrees that the City may
wi thhold the issuance of building permits should
said deficit occur. For purposes of this
condition, the term "constructed neighborhood park"
shall mean that construction of the park has been
completed and accepted by the Director of Parks and
Recreation as being in compliance with the Park
Master Plan, but prior to the mandatory 9-12 month
maintenance period. This condition is not intended
to supersede any of the City'S maintenance
guarantee requirements.
(4) The Applicant shall receive reimbursement of PAD
fees, proportionate to what has been constructed,
SCHEDULE "1"
;;z
should they deliv~~ a turr.-key park wnlcn has ~een
constructed in accoydance with the ?ayks Mas:.e:::-
Plan.
c.
The applicant shall grant to the City, at the
stage, an irrevocable offer of dedication
neighborhood parks shown on the Tentative Map.
"A"
for
1'1 aD
all
83. Community Parks:
a. Prior to the approval of each final "B" Map the Applica.'T"J.t
shall pay PAD fees for the Community Park based upon a
formula of 1 acre per I, 000 residents, until such time
as a turn-key facility has been accepted by the Director
of Parks and Recreation. Said turn-key facility is
subject to the reimbursement mechanism set forth below.
b. The first Otay Ranch Community Park, to satisfy SPA One
demand, shall be located in Village 2 as identified in
the GDP.
c. The Applicant shall identify the relocation, if any, of
:.he village 2 Otay Ranch communi~y Park prior to issuance
0:: the building permit:. for the 1, 150th dwelling unit.
Said relocation may require a.Tl amendment to the Otay
Ranch General Development Plan.
d. Notwithstanding that the community park requirement (1
acre/l,OOO residents) shall be satisfied through the
paYment of PAD fees, the Applicant shall commence
construction of the first phase of the Community Park
prior to issuance of the building permit for the 2,650th
dwelling unit. The first phase of construction shall
include, but not be limited to, improvements such as a
graded site with utilities provided to the property line
and an all weather access road acceptable to the Fire
Department.
e. The Applicant shall commence construction of the second
phase of the Community Park prior to issuance of the
building permit for the 3,OOOth dwelling unit. Second
phase improvements shall include recreational amenities
as identified in the Park Master Plan.
f. The Community Park shall be ready for acceptance by the
Director of Parks and Recreation for mainten~Tlce prior :'0
lssuance of the building permit ::or the 3,900th dwelling
unit.
g. If the Director of Parks and Recreation determines that
it is not feasible for the Applicant to commence
construction of the first phase improvements of the
community park prior to issuance of the building permit
for the 2, 650th unit, then the Director of Parks and
Recreation shall have the option to utilize the PAD fees
for said improvements, or to construct another park
SCHEDULE "1"
27
facility, east of the :-805 Freeway within an acceptable
seYVice radius of SPA O~e, as se~ forth in the G~?
h. The Applicant shall proviae a ma~ntenance period of 9-~2
months in accordance wi~h the City of Chula Vista Parks
and Recreation Department policy.
i. The Applicant shall receive reimbursement of PAD fees,
proportionate to what has been constructed, excluding<the
cost of construction of the all weather access road, -for
the community park should they deliver a turn~key
facility to the City in accordance with the Community
Park Master Plan.
84. Trails/Open Space:
a. All trails shall connect to adj oining existing and/or
proposed trails in neighboring development projects, as
determined by the Director of Parks and Recreation.
b. The two connector trails from Neighborhoods R-24 and R-25
in Village Five to Telegraph Canyon Road shall be
combined into one trail in Open Space Lot 37 and shall
connect to the regional trail in one location.
c. The maximum gradient for connector trails shall be 10%.
Steeper grades of up to l2% for short runs of 50 feet may
be permitted subject to the approval by the Parks and
Recreation Director.
d. The graded section upon which the connecting trails are
constructed shall be lO feet in width. Six feet shall be
provided for the trail bed, with a 2 foot graded shoulder
on either side.
e. Landscape and irrigation plans for the transit right-of-
way shall be reviewed and approved by the Parks and
Recreation Director in conjunction with the landscape
plans for East Palomar Street.
85. Community Gardens:
a. Community Gardens shall be consistent with the guidelines
in the SPA One Parks, Recreation, Open Space and Trails
Master Plan, including creation of the Community Garden
Committee and their responsibilities.
b. Water lines shall be stubbed from the nearest open space
water meter to the site{s) in order to facilitate
development of the Community Gardens.
c. Community Garden sites shall be consistent with those
identified on the tentative map.
d. Maintenance of Community Gardens shall be funded by an
Open Space Maintenance District, Homeowner's Association
SCHEDULE "1"
30
or other funding mechanism app~oved by Lhe D~recto~ of
Parks and Recreation ~~a the C~~y Engineer.
e. Community Gardens shall not receive park credit.
OPEN SPACE/ASSESSMENTS
B 6 . Prior to the approval of the f i:::-st final "B" Map, -che
developer shall:
a. Submi t and obtain approval of the SPA One Open Space
Master Plan from the Director of Parks and Recreation.
The Open Space Master Plan shall be based upon the
approved Concept and Analysis Plan, the requirements of
which are outlined in the City of Chula Vista Landscape
Manual and include but are not limited to elements such
as final recreational trail alignments and fencing and
phasing.
b. Request the formation of an Open Space District pursuant
to the 1972 Landscaping & Lighting Act for the Otay
Valley Parcel of the Otay Ranch. This district formation
shall be submitted to Council for consideration prior to
approval of the first final ~~ map. Maintenance of the
open space improvements shall be accomplished by the
developer for a minimum period of one year or until such
time as accepted into -che open space district by the
Director of Parks and Recreation. If Council does not
approve the open space district formation, some other
financing mechanism shall be identified and submitted to
for consideration prior to approval of the first final
map.
c. Submit evidence acceptable to the City Engineer and the
Director of Parks and Recreation of the formation of a
Master Homeowner's Association (MEOA), or another
financial mechanism acceptable to the City Manager, which
includes all the properties within the approved tentative
map prior to approval of the first "B" Map. The MHOA
shall be responsible for the maintenance of the
improvements listed below. The City Engineer and the
Director of Parks and Recreation may require that some of
those improvements be maintained by the Open Space
District. The final determination of which improvements
are to be included in the Open Space District and those
to be maintained by the MEOA shall be made during the
Open Space District Proceedings. The MEOA shall be
s-cructured to allow annexation of future tentative map
areas in the event the City Engineer and Director of
Parks and Recreation require such annexation of future
tentative map areas. The MEOA formation documents shall
be approved by the City Attorney.
d. Submit a list of all Otay Ranch SPA One facilities and
other items to be maintained by the proposed district.
Separate lists shall be submitted for the improvements
and facilities to be maintained by the Open Space
SCHEDULE "1"
3/
Dis~rict and those ~o be maintained by a Master
Homeowner's Associatio~. Include a description, quanti~y
and cost per year for ~he perpe~ual maintenance of said
improvements. These ::"ists shall include but are no~
limited to the following facilities and improvements:
(l) All facilities located on open space lots to
include but not be limited to: walls, fences, water
fountains, lighting structures, paths, tra~ls,
access roads, drainage structures and landscaping.
Each open space lot shall also be broken down. by
the number of acres of turf, irrigated, and non-
irrigated open space to aid in the estimation of a
maintenance budget thereof.
(2) Medians and parkways along East Orange Avenue
(onsite and offsite), Paseo Ranchero, La Media
Road, East Palomar Street (onsite and offsite) and
all other street parkways proposed for maintenance
by the open space district or Homeowners I
Association.
(3) The proposed detention basin in Telegraph Canyon
and the fair share of the maintenance of the
existing naturalized Telegraph Canyon Channel east
of Paseo Ladera as determined by the City Engineer
based on the proportional benefit received from the
improvements. This includes but is not limited to
the cost of maintenance and all cost to comply with
the Department of Fish and Game and Corps of
Engineers permit requirements.
(4) The proposed detention basin and naturalized
channel in Poggi Canyon. This includes but is not
limited to the cost of maintenance and all cost to
comply with the Department of Fish and Game and the
Corps of Engineers permit requirements.
(5) Community Gardens
(6) pedestrian Bridges.
(7) The proportional share of the maintenance of the
median and parkways along that portion of Telegraph
Canyon Road adjoining the development as determined
by the City Engineer.
(8) All proposed facilities and improvements (excepting
street improvements) within the 60-foot wide
easement to be dedicated to the City for right-of-
way at the following locations: (1) between
Neighborhoods R-8 and R-9, and (2) at the proposed
connection to EastLake Parkway (between the two
Otay Water District Parcels.
SCHEDULE "111
3c2/
d. Submit an initial depos~~ of $15,800 to begin the pYo~ess
of formation of the ope~ space ~istyicL. All costs c=
formation and other cos~s assoc~ated with the processlnq
of the open space re:a~ing to ~his proj ect shall be
borne by the developer.
e. Provide all the necessary information and materials
(e. g., exhibits, diagrams, etc.) as determined by the
City Engineer to prepaye the engineer'S report for:the
proposed open space district.
87. Include in the CC&R's, if applicable, the obligation of the
Homeowners' Association to maintain all the facilities and
improvements within the open space lots rejected by the City prior
to the approval of the final map containing said lots.
88. Grade a level, clear area at least three feet wide (face of
wall to top of slope), along the length of any wall abutting an
open space district lot, as measuyed from face-of-wall to beginning
of slope, said area as approved by the City Engineer and the
Director of Parks and Recreation.
89. Ensure that all buyers of lots adj :)ining open space lots
containing walls maintained by 'L.he open space district sign a
s~atement, when purchasing their homes, stipulating that they are
aware that the walls are on City pyoperty and that they shall not
modify or supplement the wall or encroach onto City property.
These restrictions shall also be incorporated in the CC&R's for
each lot.
90. Agree to not protest formation or inclusion in a maintenance
district or zone for the maintenance of landscaped medians and
scenic corridors along streets within and adjacent to the subject
subdivision.
91. Grant in fee to the City on the appropriate final map, all
open space lots shown on the tentative map and execute and record
a deed for each of the lots to be maintained by the City through
the open space district. Provide on the final map a certificate,
pursuant to section 66477.2(a) of the Subdivision Map Act,
rejecting those open space lots to be main'L.ained by the Homeowner's
Association.
92. Provide documentation, prior to the approval of the first
final "B" Map, to the Director of Planning and the City Engineer
that an annexable Mello-Roos District, or o'L.her financing mechanism
approved by the Sweetwater High School District and the Chula Vista
Elementary School District has been established to provide for
construction of schools.
93. Fund the revision of the Public Facilities Development Impact
Fee (PFDIF) Program, which shall be prepared by the City, as
directed by the City Manager or his designee, and approved by the
City Council prior to approval of the first final "B" Map. The
developer shall receive 100% credits towards future PFDIF fees for
funding this update. Provide a deposit of $20,000 to begin this
S CREDIl"LE "1"
33
p=ocess. All cost of =evising ~he PFDI? shall be borne by the
ueveloper.
94. Prior :'0 issuance of any grading permit which includes
Landscaping and Irrigation (L & :) improvements to be installed in
an open space lot to be maintained by the open space district, t.he
developer shall place a cash deposit with the City which will
guarantee the maintenance of the L & I improvements, prior to City
acceptance of said improvements, in the event the improvements care
not maintained to City standards as determined by the City Engineer
and the Director of Parks ~and Recreation. The amount of ~the
deposit shall be equivalent to the estimated cost of maintaining
the open space lots to City standards for a period of six months as
determined by the City Engineer. Any unused portion of said
deposit could be incorporated into the open space district I s
reserve at such time as the maintenance of the open space lot is
assumed by the open space district.
WATER
95. Provide to the City a let.ter from Otay Municipal Water
District indicating that the assessments/bonded indebtedness for
all parcels dedicated or granted in fee to the City have been paid
0= that no assessments exist on t.he parcel(s).
96. Present verification to the City Engineer in the form of a
letter from Otay Water District. that t.he subdivision will be
provided adequate water service and long term water storage
facilities.
EASEMENTS
97. Grant to the City a J.O I wide easement for general utility
purposes along public street frontage of all open space lots
offered for dedication to the City unless otherwise approved by the
City Engineer.
98. Indicate on the appropriate "3" Map a reservation of easements
to the future Homeowners' Association for private storm drain and
private sewer facilities within open space lots as directed by the
City Engineer.
99. Obtain, prior to approval 0::: any final "B" Map, all off-site
right-of-way necessary for the installation of the required
improvements for that subdivision thereto. The developer shall
also provide easements for all on-site and off-site public drainage
facilities, sewers, maintenance =oads, and any other public
facilities necessary to provide seYVice to t.he subject subdivision.
100. Notify the City at least 60 days prior to consideration of the
final map by City if off-site right-of-way cannot be obtained as
required by the Conditions of approval. (Only off-site right-of-
way or easements affected by Section 66462.5 of the Subdivision Map
Act are covered by this condition.)
After said notification, the developer shall:
SCHEDUL3 "1"
3(
a. Pay the full cost of acquiring off-site righ~-of-way or
easements required by ~he Condi~ions of Approval of ~he
~entative map.
b. Deposit. with the City the estimated cost. of acquiring
said right-of-way or easements. Said estimate to be
approved by the City Engineer.
c. Have all easements and/or right-of-way documents < and
plats prepared and appraisals complete which are
necessary to commence condemnation proceedings as
determined by the City Attorney.
d. Request that the City use its powers of Eminent Domain to
acquire right-of-way, easements or licenses needed for
off-site improvements or work related to the final map.
The developers shall pay all costs, both direct and
indirect incurred in said acquisition.
The requirements of al D, and c
accomplished prior to the approval of
Final Map.
above shall be
the appropriate
101. Grant easements to subsequent owners pursuanc to Section
18.20.150 of the City Code on any final map that proposes private
utilities or drainage facilities crossing property lines as
directed by the City Engineer.
102. Grant to City on the appropriate final ~ Map two foot access
easements along the rear and side property line of lots adjoining
walls to be maintained by the open space district. The locations
of these easements shall be as required by the Director of Parks
and Recreation and the City Engineer to provide adequate access for
maintenance of said walls.
AGREEMENTS /FINANCIAL
103. Enter into a supplemental agreement with the City, prior to
approval of each final "B" Map, where the developer agrees to the
following:
a. That the City may withhold building permits for the
subject subdivision if anyone of the following occur:
(1) Regional development threshold limits set by the
adopted East Chula Vista Transportation Phasing
Plan have been reached.
(2) Traffic volumes, levels of service, public
utilities and/or services exceed the threshold
standards in the then effective Growth Management
Ordinance.
(3) The applicant does not comply with the terms of the
Reserve Fund Program.
SCHEmJLE "1"
35
D.
':':.0.-: -:he=~::y may "d-::_~::ld :)1.:.~:':::.~ng pe:::-rr.:'::s ::0:::-
~~~ phases :::: devel::pment iden::i::ied -- ::ne
-......"1.. _-
.::::;..-- \.
?:;.=:..::..=
?a=~:~ties Fi~ancing ~:a~ (PFF~ ~~~ O~a~- ~a~=~ 3?b ~~~
i= ~he ~e~~i~ed facili~~es, as ~je~~ifiec ~= ~he ???? 8~
as amended by the ~~n~al Moni:::::::-ing pyog:::-am, nave no::
been completed.
c. Defend, indemnify, and hold ha::::mless the City and i-:s
agents, officers and employees, from any claim, action 0:::-
proceeding against the City, or its agents, officers or
employees to attack, set aside, void or annul any
approval by the City, ;ncluding approval by its Planning
Commission, City Councilor any approval by its agents,
officers, or employees with regard to this subdivision
p:::-ovided the City promptly notifies the subdivider of any
claim, action or proceeding and on the further condition
that the City fully cooperates in the defense.
d. 301d the Ci~y harmless from any liability for erosion,
siltation or increase flow of drainage :::-esulting from
~~_is proj ec-: .
3nsl.:.ye t.hat all franchised cable television companies
("C~le Company") are permitted equal opportunity t::
~lace conduit and provide cable t.elevision service -:0
--~- lot on public s::reets ~i::hin the subdivision.
Restrict access to the conduit to only those franchised
CaD~e television companies wno are, and remain in
compliance with, all of the terms and conditions of the
franchise and which are in further compliance with all
other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable
television companies as same may have been, or may from
time to time be issued by the City of Chula Vista.
:nclude in the Articles of IncoYporation or Charter for
the Homeowners I Associa::ion (HOb) provisions prohibiting
the HOA from dedicating 0:::- conveying for public streets,
l~~d used for private streets without approval of 100% of
all t.he HOA members.
:04. Enter into an supplemental agyeement with the City prior to
approval of t.he first. final "B" Map, where the developer agrees to
t.ne following:
a. ?ay~icipate, on a ra:.r share basis, in any deficiency
p-'-o..n or financial pyog:::-am adop-:ed by SAl\J"'DAG ~o comply
wit.h the Congestion Management ?rogram (CMP).
b. To not protest the formation of any future regional
impact fee program or facilities benefit district to
finance the construction of coryectional facilities.
105. Prior to the approval of the first final map after January 11,
2000, as per Section 1 of the Telegraph Canyon Estates Affordable
Housing Agreement adopted by Resolution No. 17737, the applicant
S CHEDu""LE
"1"
3b
shall gran~ in fee ~hree (3) acres of buildable land acceptable ~o
~he City 0= Chula Vista wi~hin Village One of SPA One of the O~av
R~~ch in oyder to sa~isfy the a==ordable housing implementatio;
measure con~ained in ~he approved O~ay Ranch GDP (ref. GDPj Section
B.2, Pg. 242) and the terms of an existing agreement adopted :::'1'
Resolution No. 17737. In addition, said existing agreement, da~ed
December 1, 1995, shall be amended to permit the land dedica~ion
within Village One.
106. Prior to approval of the first II A" Map, or as otherwise
determined by the Director of Planning, wi thin SPA One - and
consistent with the City's Housing Element, Ranch-Wide and SPA One
Affordable Housing Plans, the applicant shall enter into and
execute with the City an Affordable Housing Agreement (" SPA One
Affordable Housing Agreement") containing, but not limited to, the
following provisions: (a) The obligation to provide the total
number of low and moderate income units required under the City's
~jfordable Housing Program, based on the number of dwelling units
contained within the Master Tentative Map for SPA Onej (b)
Identify the overall number of dwelling units within the Master
Tentative Map for which the applicant can receive final map
approval prior to the applicant selecting and guaranteeing, to the
City's satisfaction, final affordable housing site(s) i (c) The
number of dwelling lli~its within the master tentative map area which
can receive building permit authorizations prior to the applicant
o:::'~aining building permits for a specified number of the required
low income units; and (d.) A descriDtion of what information mus~
be provided in subsequent Project Level Affordable Housing
Agreements. Upon its approval by the City, the terms and
conditions of the SPA One Affordable Housing Agreement shall become
conditions of this Resolution, and is hereby incorporated herein by
this reference.
107. The Applicant shall pay, prior to approval of the first liB"
Map, their proportional share, as determined by the Director of
Parks and Recreation, of a collaborative study analyzing local park
needs for the area east of the I-80S Freeway.
108. The applicant shall enter into an agreement with the City,
prior to approval of each final "3" Map, where the applicant agrees
to ensure that all insurance companies are permitted equal
opportunity to go out to bid to provide a Cooperative Homeowner's
Insurance Program (CHIP).
109. Prior to the approval of the first final "B" Map, the
developer shall submit and obtain approval by the City Engineer of
an "Improvemen~ Phasing Schedule" which will identify the timing of
construction of all backbone facilities noted in the following
table. The Improvement Phasing Schedule shall be consistent with
the PFFP.
COST ITEM TO BE INCLUDED IN
FINANCING PLAN
FACILITY
SCHEDULE 11111
37
*Acguisition/Dedication of East Palomar S--~QQ- between
1...___1...
o::fsite right of way Paseo R~J.chero and La Media Road
* Construction of full st:.ree:: and between La Media Road and
lmprovement:.s East Orange Avenue
*Acquisition/Dedication of the Paseos In Villages One and Five
offsite portions of open space incl uding the paseo between
lots containing the paseos Neighborhoods R-B and R - 9
* Construction of full pas eo
improvements -
* Payment of Telegraph Canyon For areas covered by: backbone
Basin Drainage DIF streets and all common areas
which include, but are not
limited to: parks, schools,
paseos and open space lots
*Construction of pedestrian Pedestrian bridge connecting
bridges Village One to Village Five,
Village One to Village Two and
Village Five to Village Six
*Removal of temporary "Temporary Roadway" (Santa
improvements Madera Avenue between Telegraph
*Restoration of the area to Canyon Road and Morgan Hill
original conditions Drive
*Construction of full street:. Permanent public road connecting
lmprovements Filmore Street to East Orange
Avenue
*Construct:.ion or full Transit stop facilities in
improvements Villages One and Five
*Acquisition/Dedication of Poggi Canyon Channel (onsite and
offsite drainage easement offsite) and detention basin
* Construction and maintenance
(prior to City acceptance)
* Construction and maintenance Telegraph Canyon Channel
(prior to City acceptance) detention basin
*Acguisition/Dedication of Poggi Canyon Sewer Interceptor
offsite sewer easement (onsite and offsite)
*Upgrading of the existing Poggi
Canyon Interceptor required to
accommodate C.V.T. 96-04 flows
*Construction of the
improvements required to connect
C.V.T 96-04 to the existing
Poggi Canyon sewer improvements
( near I-BOS)
*Installation of interconnect Traffic signals along Telegraph
wiring Canyon Road at the intersections
with St. Claire Drive, Otay
Lakes Road and Paseo Ranchero
*Construction of full Open space lots
landscaping and irrigation
improvements
*Construction of full trail Regional trail system
improvements
SCHED1.J"LE "I" 35
Security sa~isfactory to the Ci~y shall be Drovided =8= the above
backbone =acilities when thei~ const~uction is ~~igge~ed as
identified in the app~oved Improvement Phasing Sched~:e.
In addition to the foregoing, security sa~isfactory ~o the Ci~y
shall be provided to guarantee the const~ction of the following
First Phase Backbone Facilities:
1)
between
circles
Village
One-half of the improvements in East Palomar Street
Paseo Ranchero and La Media including the two full traffic
in Village One prior to approval of the first "B" Map for
One.
2) The remaining improvements in East Palomar Street within
Village One at the time the trigger point is reached in the PFFP
for the corresponding "B" Map.
3) Full improvements in East Palomar Street between La Media
and East Orange Avenue in Village Five at the time the trigger
point is reached in the PFFP for the corresponding "B" Map.
4) Fair share of full improvements for the pedes~rian bridge
connecting Village One to Village Five and fair share of one half
of the imp~ovements for the pedestrian bridges connecting Village
One to Village Two and Village Five to Village Six, prior to the
approval of the first final "B II .r-~ap.
The amount of the security for the above noted improvements shall
be 110% times a construction cost estimate approved by the City
Engineer if improvement plans have been approved by the City, 150%
times the approved cost estimate if improvement plans are being
processed by the City or 200% times the construction cost estimate
approved by the City Engineer if improvement plans have not been
submitted for City review. A lesser percentage may be required if
it is demonstrated to the satisfaction of the City Engineer that
sufficient data or other information is available to warrant such
reduction.
SCHOOLS
110. Prior to the approval of the first final "B II Map, the
applicant shall prepare and submit an application for an amendment
to the Otay Ranch General Development Pl~~ replacing the Village
Seven High School location with a site in either the area west of
Paseo Ranchero in Village One or the northern portion of Village
Two. The applicant shall enter into a supplemental agreement prior
to approval of the first final map in which applicant agrees to the
following: The City shall not issue building permits fo~ more than
1,400 units within SPA One until the City has acted on the proposed
plan amendment unless the District consents to the further issuance
of such permits. The Applicant shall deliver to the School District
a graded high school site including utilities provided to the site
and an all weather access road acceptable to the District prior to
issuance of the 2, 650th building permit (504 students) or upon
written request by the District not prior to 1,800 permits. The
all weather access road shall also be acceptable to the Fire
SCHEDULE "1" 37'
Department. This schedule is subject to mo~ification by the School
District as based on District facility needs.
111. The Applicant shall deliver to the School District, a graded
elementary school site including utilities provided to the site and
an all weather access road acceptable to the District, located
within Village One, prior to issuance of the SOOth residential
building permit (250 students). The all weather access road shall
also be acceptable to the Fire Department. This schedule: is
subject to modification by the School district as based on District
facility needs.
222. The Applicant shall deliver to the School District, a graded
elementary school site including utilities provided to the site and
an all weather access road acceptable to the District, located
within Village Five, prior to issuance of the 2,500th residential
building permit (750 students). The all weather access road shall
also be acceptable to the Fire Department. This schedule is
subject to modification by the School District as based on District
facility needs.
113. The applicant shall deliver to the School District, a graded
elementary school site including utilities provided to the site and
an all weather access road acceptable to the District, located west
of Paseo Ranchero, prior to issuance of the 4,500th residential
building pemit (1,350 students). The all weather access road
shall also be acceptable to the Fire Department. This schedule is
subject to modification by the School District as based on District
facility needs.
MISCELLANEOUS
l24. Include in the Declaration of Covenants, Conditions and
Restrictions (CC&R 1 s) provisions assuring maintenance of all
streets, driveways, drainage and sewage systems which are private.
The City of Chula Vista shall be named as party to said Declaration
authorizing the City to enforce the terms and conditions of the
Declaration in the same manner as any owner within the subdivision.
The CC&R 1 s shall also include language which states that any
proposal by the HOA for dedication or conveyance for public
purposes of land used for private streets will require prior
written approval of 100% of all the Homeowners' Association
members.
115. Submit copies of Final Maps and improvement plans in a digital
format such as (DXF) graphic file prior to approval of each Final
Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the
information in accordance with the City Guidelines for Digital
Submittal in duplicate on 5-.1/41' HD or 3-1/2" disks prior to the
approval of each Final Map.
116. Tie the boundary of the subdivision to the California System
-Zone VI (1983).
117. Prior to approval of the first final map within each Village,
the developer shall submit and obtain the approval of the City of
SCHEDULE "1"
Ifo
a master final map ("A" Map) ove:::- the portion of the tentative maD
wi-:.hin each Village area showing "super b2.ock" lots corresponalng
':.0 the units and phasing or combinatio:1 of uni-:.s and phasing
-:.hereof. Said "A" map shall also show t:.he backbone st:.reet:.
dedications and utility easements required to serve the "super
block" lots. All "super block'1 lots creat.ed shall have access to
a dedicated public street. Said "A" map shall not be considered
the first map as indicated in other conditions of approval unless
said map contains single or multiple family lots or a subdivision
of the multiple family lots shown on the tentative map. A lot line
adjustment, if utilized in. accordance with City standards - and
procedures, shall not b~ considered the first "A" Map.
The subsequent development of a multiple family lot which does not
require the filing of a "B" Map shall meet, prior to issuance of a
building permit for that lot, all the applicable conditions of
approval of the tentative map, as determined by the City Engineer.
Construction of non-backbone streets adjacent to multiple family
lots will not need to be bonded for with the final "A" Map which
created such lot. However, such improvements will be required to
be construc'Ced under the Municipal Code provisions requiring
construction of street improvements unde:!:" the design review and
building permit issuance processes.
In the event: of a filing of a final map which requires oversizing
(in accoraance with the restrictions of state law and City
ordinances) of the improvements necessary to serve other
properties, said final map shall be required to install all
necessary improvements to serve the project plus the necessary
oversizing of facilities required to serve such other properties.
118. Signage shall be provided at Bouquet Canyon Drive and the
pedestrian paseo in Village Five and at Stanislaus Drive and the
pedestrian paseo in Village One which alerts motorists to a
pedestrian mid-block crossing. A signage plan indicating the
location and content of said signs shall be reviewed and approved
by the Planning Director prior to approval of the appropriate final
"B" Map, as determined by the Planning Director and City Engineer.
119. The Applicant shall secure approval of a Master Precise Plan
for the Village One and Village Five Core Areas, prior to
submitting any development proposals for commercial, multi-family
and Community Purpose Facility areas within the SPA One Village
Cores.
120. Pursuant to the provisions of the Growth Management Ordinance
(Section 19.09 of the CVMC) and ':.he Otay Ranch General Development
Plan (GDP), the Applicant shall complete the following: (1) Fund
the preparation of an annual report monitoring the development of
the community of Otay Ranch. The annual monitoring report will
analyze the supply of, and demand for, public facilities and
services governed by the threshold standards. An annual review
shall commence following the first fiscal year in which residential
occupancy occurs and is to be completed during the second quarter
of the following fiscal year. The annual report shall adhere to
those guidelines noted on page 353, Section D of the GDP/SRPi and
SCHEDu"'LE "1"
If!
(2) Prepare a five year development phas~ng forecast identifying
targeted submittal dates for ::uture dis:::::-etionary applications
(S?As and tentative maps), projecte::. construction dates,
co:::-responding public facility ::1eeds pe:::- the adopted threshold
standards, and identifying financing options for necessary
facilities.
121. The owners of each Village shall be responsible for retaining
a project manager to coordinate the processing of discretionary
permit applications originating from the private sector and
submitted to the City of Chula Vista. The project manager shall
establish a formal submittal package required of each developer to
ensure a high standard of design and to ensure consistency with
standards and policies identified in the adopted SPA Plan. The
project manager shall have a well rounded educational background
and experience, including but not limited to land use planning and
architecture.
122. The applicant shall submit copies of any proposed CC&R's for
review and approval by the Director of Planning and the City
Engineer prior to approval of each final "B" Map.
123. Fully accessible handicap access shall be provided at the ends
0:: the following cul-de-sacs: Arteria Street, Glendora Court,
Calistoga Avenue, Monte Sereno Avenue, &~tioch Avenue, Coalinga
Court, Westmoreland Street, Cordelia Street, Iowa Hill Court, Live
Oak Street, Marion Court, Lodi Court, Larkspur Court, Santa Lucia
Road, Parker Mountain Road, Geyserville Street, Escalon Court,
Sheep Ranch, Meeks Bay Drive, Harrills Mill Avenue and Volcano
Creek Road.
Access via stairs shall be provided at the ends of the following
cul-de-sacs: Stanislaus Drive, Amador Street, Woodsford Court,
Lockeport Court, Clovis Court, Millbrae Court, Mayfield Court,
Cache Creek Road, Jedediah Road, Kingsburg Avenue, and Lassen Peak
Street
124. The CPF-2 site located within Village One, shall be considered
a floating designation and shall be located in Neighborhood R-15.
Project design for this site will be submitted, reviewed and
approved by the Director of Planning concurrently with the Precise
Plan for this area.
125. If developer desires to do certain work on the property after
approval of the tentative map but prio:::- to recordation of the
applicable final "B" Map, they may do so by obtaining the required
approvals and permits from the City. The permits can be approved
or denied by the City in accordance with the City'S Municipal Code,
regulations and policies. Said permits do not constitute a
guarantee that subsequent submittals (i.e., final "B" Map and
improvement plans) will be approved. All work performed by the
developer prior to approval of the applicable "B" Map shall be at
developer's own risk. Prior to permit issuance, the developer
shall acknowledge in writing that subsequent submittals (i.e.,
final "B" Map and improvement plans) may require extensive changes,
at developers cost, to work done under such early permit. The
SCHEDULE Ill"
/f2
developer shall pos~
City in an amount
rehabilitation of the
record.
a bond or o~her sec~rity acceptable to ~he
determined ~y the City to guarantee ~he
land if the applica:::le final "3" Map does no::
PHASING
126. If the applicant modifies the SPA One approved phasing plan,
the applicant shall submit to the City a revised phasing for review
and approval prior to approval of the first final ~I Map. :The
PFFP shall be revised where necessary to reflect the revised
phasing plan
127. If phasing is proposed within an individual map or through
multiple final maps, the developer shall submit and obtain approval
for a development phasing plan by the City Engineer and Director of
Planning prior to approval of any final map. Improvements,
facilities and dedications to be provided with each phase or unit
of development shall be as determined by the City Engineer and
Director of Planning. The City reserves the right to require said
improvements, facilities and/or dedications as necessary to provide
adequate circulation and to meet the requirements of police and
fire departments. The City Engineer and Planning Director may, at
~heir discretion, modify the sequence of improvement construction
should conditions change to warr~~t such a revision.
l28. The Public Facilities Finance Plan or revisions hereto shall
be adhered to for the SPA and ~entative map with improvements
installed in accordance with said plan or as required to meet
threshold standards adopted by the City of Chula Vista. The PFFP
identifies a facility phasing plan based upon a set of assumptions
concerning the location and rate of development within and outside
of the project area. Throughout the build-out of SPA One, actual
development may differ from the assumptions contained in the PFFP
(i.e., the development of EastLake III). Neither the PFFP nor any
other SPA One document grant the Applicant an entitlement to
develop as assumed in the PFFP, or limit the SPA One's facility
improvement requirements to those identified in the PFFP.
Compliance with the City of Chula Vista t~xeshold standards, based
on actual development patterns and updated forecasts in reliance on
changing entitlements and market conditions, shall govern SPA One
development patterns and the facility improvement requirements to
serve such development. In addition, the sequence in which
improvements are constructed shall correspond to any future Eastern
Chula Vista Transportation Phasing Plan or amendment to the Growth
Management Program and Ordinance adopted by the City. The City
Engineer may modify the sequence of improvement construction should
conditions change to warrant such a revision. Concurrent with the
approval of the first final map approved after the PFFP for the
EastLake III GDP Area, the Applicant shall update, at the
Applicant's expense and subject to a Reimbursement Agreement, the
SPA 1 PFFP and agrees that the City Engineer may change the timing
of construction of the public facilities, including without
limitation, the nature, sizing, extent and timing for the
construction of public facilities caused by SPA One, shall become
a condition for all subsequent SPA One entitlements, including
tentative and final maps.
SCHEDuLE "1"
1/9
CODE REQUIREMENTS
129. Comply with all applicable sections of the Chula Vis~a
Municipal Code. Prepara~ion of ~he Final Map and all plans shall
be in accordance with the provisi8ns of the Subdivision Map Act and
the City of Chula Vista Subdivision Ordinance and Subdivision
Manual.
130. Underground all utilities within the subdivision in accordance
with Municipal Code requirements.
131. Pay the following fees-in accordance with the City Code and
Council Policy:
a. The Transportation and Public Facilities Development
Impact Fees.
b. Signal Participation Fees.
c. All applicable sewer fees, including but not limited to
sewer connection fees.
d. Interim SR-125 impact ~ee.
e. Telegraph Canyon Sewer Basin DIP.
f. ?oggi Canyon Sewer Basin DIF as may be adopted by the
City in the future.
g. Telegraph Canyon Basin Drainage DIF.
h. Reimbursement District for Telegraph Canyon Road Phase 2
Undergrounding.
i. Otay Ranch Reserve Fund fee.
Pay the amount of said fees in effect at the time of issuance
of building permits.
132. Comply with all relevan~ Federal, State, and Local
regulations, 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.
133. Ensure that prospective purchasers sign a "Notice of Special
Taxes and Assessmentsll pursuant to Municipal Code Section 5.46.020
regarding projected taxes and assessments. Submit disclosure form
for approval by the City Engineer prior to Final Map approval.
134. Comply with Council Policy No. 570-03 if pump stations for
sewer purposes are proposed.
135. Comply with Council Policy No. 522-02 regarding maintenance of
natural channels within open spaces.
136. The applicant shall comply with all aspects of the City of
Chula Vista Landscape Manual.
SCHEDtJLE Ill"
iff
137. The Applicant shall comply with Chap~e~ 19.09 of the Chula
Vista Municipal Code (Growth Ma~agement) as may be amended from
time to time by the City. Said chapter in=ludes but is not limite~
to: threshold standards (19.09.0f), public facilities finance pla~
implementation (19.09.090), and public ::acilities finance pla~
amendment procedures (19.09.100).
The applicant acknowledges that the City is presently in the
process of amending its Growth Management Ordinance to add a
proposed Section 19.09.105, to establish provisions necessary to
ensure compliance with adopted threshold standards (particularly
traffic) prior to construction of State Route 125. Said provisions
will require the demonstration, to the satisfaction of the City
Engineer, of sufficient street system capacity to accommodate a
proposed development as a prerequisite to final map approval for
that development, and the applicant hereby agrees to comply with
adopted amendments to the Growth Management Ordinance.
138. Upon submittal of building plans for small lot single family
(5,000 square feet or less as defined in the City of Chula Vista
Design Manual) residential development, plans shall clearly
indicate that 750 square feet of priva~e open space will be
p:::-ovided.
139. The applicant shall apply fo~ and receive a take permit from
the appropriate resource agencies or comply with an approved MSCP
or other equivaleni: 10(a) permit applicable to the property.
140. All proposed development shall be consistent with the Otay
Ranch SPA One Planned Community District Regulations.
GUARDED AREAS
141. The following locations as proposed by the applicant are
authorized for guarded entrances: Santa Ynez Avenue and Santa
Lucia Road in Village One, including the multi-family neighborhoods
R-20 and R-21i Santa Rosa Drive and Santa Paula Drive in Village
Five. Emergency access locations are authorized at Morgan Hill
Drive between R-10 and R-11 in Village One, and Bouquet Canyon Road
between R-24 and R-25 in Village Five.
142. Guarded entrances shall not have physical barriers and shall
be staffed from dusk until dawn.
143. Parks located within guarded areas shall not receive park
credit.
144. All street.s wi thin guardea. areas shall be designated as
private. Design of said streets shall meet the City standards for
public streets unless otherwise approved by the. City Engineer.
Private street cross sections shall conform to those shown on the
Tentative Map.
145. All private streets shall be included in separate lots. The
applicant shall provide a certificate granting to the City a public
utility easement over the entire private street lots on the
appropriate Final "B" Map.
SCHEDULE "1"
1/5
1~6. Guarded entrances shall:
a. Require approval by the City E~gineer and ~he Planning
Director.
b. Provide sufficient room on the private roadway to queue
without interrupting traffic on public streets.
c. Provide a turn around. The size and location of said
turn around shall he approved by the Ci~y Engineer.-
d. Provide a clearly delineated border between public and
private streets through the use of distinctive pavements.
e. Provide a dedicated parking space for the gate attendant.
f. Be equipped with a video camera to record entering and
exiting vehicles.
147. The CC&R's shall prohibit I1speed bumpsll on private streets.
The CC&R I s shall also include language which states that any
proposal by the HOA to delete staffing or t.o allow I1speed bumps" in
the future shall require prior written approval of 100% of all the
Homeowner's Association members.
148. Physical barriers shall be nrohibited at the entrances to
guarded areas ~~less specifically approved by City Council.
149. Emergency entrances shall be provided with mechanical gates
and an "Opticomll system, or some other automated system with backup
and/or fail safe features acceptable to the Police and Fire Chief.
150. Prior to approval of any liB" Map proposing private streets,
the applicant shall initiate and complete the process enabling the
City to enforce the California Vehicle Code on said private
streets.
151. The MHOA shall be responsible for the maintenance and
operation of all facilities within the common areas and streets
behind the guarded entrance. The facilities to be maintained
include, but are no~ limited to, pavements, sidewalks, street
trees, street lights including energy, s~reet sweeping, private
drainage facilities and landscaping of private common areas. The
only facilities to be maintained by the City are mainline sewers
and public concrete drainage facilities (i. e., pipes and catch
basins) .
152. Future property owners shall be notified during escrow, by a
document to be initialed by the owners, and approved by the City
Engineer and Director of Planning, of the maintenance
responsibilities of the MEOA and their estimated annual cost.
SCHEDULE 11111
1/6
COUNCIL AGENDA STATEMENT
ITEM No.
c2../
MEETING DATE 08/31/99
ITEM TITLE:
RESOLUTION APPROVING THE EXECUTION OF AN
AGREEMENT FOR DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES
BY AND BETWEEN THE CITY OF CHULA VISTA AND N.E.W. INVESTMENTS,
L.L.C.
REVIEWED BY:
COMMUNITY DEVELOPMENT DIRECTOR )i}.ft,>.s
CITYMANAG~]~ (4/S-VOTE' YES_ No~
SUBMITTED BV:
BACKGROUND
RSI is a local manufacturer which has been in business since 1992. The company is minority-owned and the owners
are long-time Chula Vista residents. The firm is located at 2400 Fenton Street in the EastLake Business Center. It
manufactures a wide variety of labeling products and specializes in computerized product identification systems. RSI
has been the vendor of choice for such notable companies as Qualcomm, Sony and Applied Biotech. It was recently
recognized by INC. magazine as one of the 500 fastest growing companies nationwide and is now expanding for the
third time since its inception
Sales growth has now forced RSI to plan for an even larger facility which will be at the southeast corner of Fenton
Street and Lane Avenue, immediately west of its existing building. This new building will comprise a total of 26,708
square feet on a 1.36 acre lot and will be purpose-built to meet the company's exact specifications. Currently, RSI
employs 47 in Chula Vista and 15 in Mexico (where it has extensive trade relations). This business expansion is
expected to result in the creation of 53 new jobs in Chula Vista over the next two years, in addition to increases in
City revenues from sales, property and utility taxes. There will also be new City revenue derived from development
fees. The project's value (exclusive of machinery and equipment) has been estimated at approximately $1 million.
RSI has requested that the City defer payment of fees in order to ease its short-term cash flow requirements. The
proposed deferral agreement is with N.E.W. Investments, L.L.C., an entity owned by the RSI partners which will own
the land and building and lease to RSI.
B.-__g_.._N
That the Council adopt the resolution approving the execution of an Agreement for Deferral of Certain Development
Impact Fees by and between the City of Chula Vista and N.E.W. Investments, L.L.C., authorizing N.E.W. to defer the
payment of certain fees totaling $41,602.79 over a 10 year period.
BoARDS/COMMISSIONS RBCOMMEND.TlON
Not applicable.
BI5CUSSIO,N
DIF fees are paid at the time of issuance of building permits. However, in order to avoid costly delays for N.E.W.,
staff has already issued their building permit without requiring payment of the DIF fees proposed for deferral -
J)/j
PAGE 2, ITEM
MEETING DATE 08/31/99
contingent upon approval of the Fee Deferral Agreement by Council. Staff is recommending that the Council approve
the attached Agreement for Deferral of Certain Development Impact Fees containing the following deal points:
. N.E.W. has provided the Building Department with a check for the actual amount of DIF fees proposed
to be deferred ($41,602.79). The check is being held and will only be cashed in the event that Council
does not approve the Deferral Agreement.
. If Council approves the agreement, the check will be voided and N.E.W. will make fully-amortized
annual payments including 6% interest over a period of 10 years. N.E.W. will make its first annual
payment one year from the date that the building permit was issued. Subsequent payments will be
made on the anniversary of this date.
. For purposes of security, N.EW.'s obligation will be secured by both a trust deed recorded against the
title of the subject property and the personal guarantees of N.EW.'s partners, Mr. Nathan Rubin, Mr.
Wolf Bielas, and Mr. Enrique Cohen.
. For purposes of additional security, the already issued building permit applies through framing
inspection only. If the Council does not approve the Deferral Agreement by the time a framing
inspection is requested, construction will be stopped. N.E.W. will be required to pay all fees before
further inspections may proceed.
No negative impact.
H :IHOMEICOMMDEV\ST AFF, REPI08-24-99IRSI.DOC
J/.r-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE EXECUTION OF AN AGREEMENT FOR
DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES BY
AND BElWEEN THE CITY OF CHULA VISTA AND N.E.W.
INVESTMENTS, L.L.C.
WHEREAS, RSI Technologies, Inc. is a local, minority-owned, Chula Vista-based
company which was started in 1992; and
WHEREAS, RSI desires to relocate to a 26,708 square foot building for the
("Project") on approximately 1.36 acres of real property located at the corner of Fenton Street and
Lane Avenue in the Eastlake Business Center in Chula Vista, California ("Property"); and
WHEREAS, N.E.W. Investments, L.L.C. (N.E.W.), a partnership composed of the
RSI partners, wishes to acquire the land, construct the building, and lease same to RSI; and
WHEREAS, as a condition of obtaining a building permit from City for the Project,
N.E.W. must pay a variety of development impact, building and processing fees, including an
Interim SR125 Development Impact Fee of $22,468 ("SR 125 DIF"), a Public Facilities
Development Impact Fee of $13,761.65 ("PFIDF") and a Telegraph Canyon Drainage
Development Impact Fee of $5,373.14 ("Drainage DIF"); and
WHEREAS, in order to reduce the substantial up-front costs of developing the
Project, N.E.W. wishes to defer payment of a portion of these fees; and
WHEREAS, in this specific case, City is willing to defer payment of the SR125 DIF,
the PFDIF and the Drainage DIF (collectively, the "Deferred Fees") on the terms and conditions
set forth herein in light of the following facts and circumstances:
(a) The subject project is located within the High-Tech/Bio-tech Zone, which
has been targeted by the City for the attraction, retention and expansion of
businesses deemed to be involved with high-level technologies.
(b) The subject project qualifies for a deferral of certain development impact
fees because it will generate new taxes, development fees and jobs. In
addition, it will serve to further stimulate development interest in the
Eastlake Business Park.
(c) The subject project meets assistance criteria currently being developed for
future adoption and thus qualifies for the incentives herein described.
(d) Since the developer will be executing a promissory note, three personal
guarantees and a deed of trust to secure its debt to the City, there are
adequate assurances of repayment.
(e) It has been determined that the subject deferral of certain development
impact fees will not adversely affect City budgets for projects dependent on
cJ/ -- ;J
development impact fee revenues.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby authorize the execution of an Agreement for Deferral of Certain Development Impact
Fees and related documents in substantially the forms presented by and between the city of
Chula Vista and N.E.W. Investments, L.L.C., providing for a 10-year deferral of certain
Development Impact Fees totaling $41,602.79.
Presented by
Approved as to form by
~~
Chris Salomone
Director of Community Development
[(JW) H:\HOME\COMMDEV\RESOS\RSI (August 10, 1999 (12:50PM)]
ell'!
AGREEMENT FOR
DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES
[Corner of Fenton Street and Lane Avenue]
THIS AGREEMENT FOR DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES, is
entered int~ effective as of August _, 1999, by and between the CITY OF
CHULA VISTA,' a municipal corporation, ("city"), and N. E. W. INVESTMENTS,
L. L. C., a California corporation ("NEW') with reference to the following
facts:
WITNESSETH
WHEREAS, NEW desires to develop an approximately 27,000 square foot
building ("Project") on approximately 1.3 acres of real property located
at the corner of Fenton Street and Lane Avenue in the Eastlake Business
Center in Chula Vista, California ("Property");
WHEREAS, as a condition of obtaining a building permit from City
for the Project, NEW must pay a variety of development impact, building
and processing fees, including an Interim SR125 Development Impact Fee
of $22,468 ("SR 125 DIF"), a Public Facilities Development Impact Fee of
$13,761.65 ("PFIDF") and a Telegraph Canyon Drainage Development Impact
Fee of $5373.14 ("Drainage DIF");
WHEREAS, in order to reduce the substantial up- front costs of
developing the Project, NEW wishes to defer payment of a portion of
these fees; and
WHEREAS, in
the SR125 DIF,
"Deferred Fees")
of the following
this specific case, city is willing to defer payment of
the PFDIF and the Drainage DIF (collectively, the
on the terms and conditions set forth herein in light
facts and circumstances:
(a) The subject project is located within the High-Tech/Bio-Tech
Zone, which has been targeted by the city for the attraction,
retention and expansion of businesses deemed to be involved
with high-level technologies.
(b) The subj ect proj ect qualifies for a deferral of certain
development impact fees because it will generate new taxes,
1
e~0/ ~..~
development fees and jobs. In
further stimulate development
Business Park.
addition,
interest
it will serve to
in the Eastlake
(c) The subject project meets assistance criteria currently being
developed for future adoption and thus qualifies for the
incentives herein described.
(d) Since the developer will be executing a promissory note, a
personal guarantee and a deed of trust to secure its debt to
the City, there are adequate assurances of repayment.
(e) It has been determined that the subject deferral of certain
development impact fees will not adversely affect City budgets
for projects dependent on development impact fee revenues.
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the parties
hereto as follows:
1. Deferral of Fees:
In consideration of the above recitals, City agrees to defer the
Deferred Fees subject to the terms and conditions of this Agreement.
2. Terms of Payment:
In consideration of the City's agreement to defer the Deferred
Fees, NEW agrees to pay the Deferred Fees with interest, accruing at the
rate of six percent (6%) per annum in accordance with the following
payment schedule:
On each anniversary of the issuance of the first building permit
for the project ("Building Permit") until the outstanding Deferred
Fees balance is paid, NEW shall pay the Ci~y annual installments of
principal and interest in the amount of $5,652.48.
NEW's obligation to make such payments shall be evidenced by a
Secured Promissory Note ("Note") executed by NEW in favor of the city in
the form attached hereto as Exhibit A. NEW shall execute and deliver
the Note to City concurrently with its execution of this Agreement.
3. Security.
(a) In order to secure NEW's obligations under the Note, NEW
agrees to execute a Deed of Trust to be recorded with respect to the
2
elJ - t
Project and the Property in the form of Exhibit B attached hereto and
incorporated herein by this reference. NEW acknowledges and agrees that
the Deed of Trust shall contain a "DUE ON SALE" provision. City agrees
to subordinate the Deed of Trust to Project or Property related
financing reasonably approved by city. NEW agrees to perform such
further acts and to execute and deliver such additional documents as may
be reasonably required in order to perfect city's security interest in
such property and to otherwise carry out the provisions of this
Agreement.
(b) As a condition of city's approval of this Agreement, Nate
Rubin, Wolf Biels and Enrique Cohen ("Guarantors") have agreed to
guarantee NEW's obligations hereunder and under the Note. In order to
evidence this guaranty, Guarantors shall execute and deliver to the city
concurrently with NEW's execution of this Agreement the form of Guaranty
attached hereto as Exhibit C (the "Guaranty").
4. Other Fees.
All fees required by the city's Master Fee schedule or other City
policies and regulations with respect to the Project, with the exception
of the Deferred Fees, shall be due and payable at the time the Building
Permit is obtained. NEW agrees not to challenge, oppose or protest the
imposition of such fees or the Deferred Fees.
5. Development and Maintenance of the Prolect.
NEW agrees to develop the Property with the Project and to exercise
best efforts to do so by no later than 7-31-00. NEW shall maintain the
Project in first class condition and repair, and in accordance with all
applicable federal, state and local laws, permits, licenses, regulations
and authorizations. Failure to comply with this Section shall entitle
the City to declare the Deferred Fees immediately due and payable and to
enforce all rights and remedies for default under this Agreement, the
Note, the Deed of Trust and the Guaranty.
6. Assiqnment and Transfers.
a. NEW may not assign its obligations or rights hereunder without
City's prior written consent to be exercised in city's sole
discretion. Any attempted assignment in violation of this
Section shall be void and shall constitute a material default
hereunder.
b. Should all or any portion of NEW's interest in the Project or
the Property be assigned, conveyed, pledged or otherwise
3
~/r ?
transferred before the Deferred Fees are paid in full, NEW
shall remain liable as the Maker under the Note. Notwith-
standing the foregoing, NEW may apply for relief of its
obligations hereunder upon the transfer of the Project or the
Property. The city shall evaluate such proposals based on the
ability of the proposed transferee (s) to assume the
obligations under this Agreement and related agreements. The
city's approval of any such transfer of obligations hereunder
shall be exercised in its sole discretion.
8. Remedies.
In order to enforce NEW's obligations under the terms of this
Agreement, the Note or the Deed of Trust, the City shall be entitled to
pursue any and all remedies provided at law or in equity, including,
without limitation, any and all remedies provided under the Note, the
Deed of Trust, the Guaranty and all ancillary agreements referred to
therein. without limiting the generality of the foregoing, in the event
of a default by NEW of its obligations hereunder, the City shall have
the right to withdraw all business or other permits issued by the City
permitting the operation by NEW of its business at the NEW Property or
elsewhere in the City.
9. Indemnitv.
NEW agrees to indemnify, protect, defend and hold harmless City,
its elected officials, officers, employees and agents (collectively,
IIIndemnified partiesll) from and against any and all liability, losses,
claims, damages, costs (including attorney's fees) or expenses arising
in connection with the construction or operations of the proj ect,
excluding, however, any such losses caused by the sole negligence or
sole wilful misconduct of the Indemnified Parties.
9. General Provisions.
a. Authoritv: NEW represents and warrants that it has full power
and authority to enter into this Agreement and perform its
obligations hereunder.
b. 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,
4
2/-0
certified, or registered mail, return receipt requested,
first-class postage prepaid, addressed to the address
indicated in the Agreement. A party may change such address
for purpose of this paragraph by giving notice of such change
to the other party. Facsimile transmission shall constitute
personal delivery.
City:
City of Chula Vista
276 4th Avenue
Chula vista, CA 91910
Attn: City Attorney's Office
Copy to: City Manager
NEW:
N.E.W. Investments, L.L.C.
2400 Fenton Street
Chula Vista, Ca. 91914
Attn: Nate Rubin
(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.)
c. Cautions: 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.
d. Entire Aqreement: This Agreement and the agreements expressly
referred to herein contain 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.
e. Preparation of Aqreement: 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 of this Agreement.
f. Recitals; Exhibits: Any recitals set forth are incorporated
by reference into this Agreement.
g. Attorneys' Fees: The prevailing party in any action enforcing
the provisions of this agreement shall be entitled to
reasonable attorneys' fees and court costs in addition to any
other costs, damages, or remedies.
5
2/ r- 7
h. Governinq Law: The Agreement has been executed in California
and shall be governed by the laws of the State of California.
i. Invaliditv: If any term, covenant or provisions of this
Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
j . Time: Time is of the essence in the performance of the
Parties' obligations contained herein.
k. Waivers: The waiver by one Party of the performance of any
covenant, condition or promise shall not invalidate this
Agreement, nor shall it be considered a waiver by him of any
other covenant, condition or promise. The waiver by either or
both Parties of the time for performing any other act or
identical act required to be performed at a later time. The
exercise of any remedy provided in this Agreement shall not be
a waiver of any consistent remedy provided by law, and any
provision of this Agreement for any remedy shall not exclude
other consistent remedies unless they are expressly excluded.
1. Further Assurances: The parties agree to perform such further
acts and to execute and deliver such additional documents and
instruments as may be reasonably required in order to carry
out the provisions of this Agreement, or any of the agreements
or documents referred to herein, and the intentions of the
Parties.
m. Successors: Subject to the restrictions on assignment
contained herein, all terms of this agreement shall be binding
upon and be enforceable by the Parties hereto and their
respective heirs[ legal representatives [ successors and
assigns.
[Next Page Is Signature Page]
6
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SIGNATURE PAGE TO
AGREEMENT FOR DEFERRAL OF CERTAIN DEVELOPMENT IMPACT FEES
IN WITNESS WHEREOF, City and NEW have executed this Agreement
effective as of the date first set forth above thereby indicating that
they have read and understood same, and indicate their full and complete
consent to its terms:
By:
Shirley Horton, Mayor
ENTS, L.L.C.
rporation
CITY OF CHULA VISTA
Attested by:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
H:\home\lorraine\ag\RSI
7 ;2/ ~ / /
EXHIBIT A
SECURED PROMISSORY NOTE
$41,602.79
Chula Vista, CA
August _' 1999
This Secured Promissory Note ("Note") is executed pursuant to
the Agreement for Deferral of certain Development Impact Fees (the
"Jl._greement") dated as of August 3, 1999, between N.E.W.
nr\TESTMENTS, L. L. C., a California corporation ("Debtor") and the
City o~, Chula vista, a municipal corporation ("City") .
(Capitalized terms used herein and not otherwise defined shall have
the meanings set forth in the Agreement) .
1. For value received, Debtor promises to pay to city, or
order, the principal sum of $41,602.79, together with interest on
the principal balance from time to time remaining unpaid from the
date of disbursement until paid at the rate of six (6) percent per
annum. Interest shall be calculated on the basis of a 360 day year
and actual days elapsed, and shall be compounded quarterly.
2. Payment of principal and interest under this Note shall be
due and payable as follows:
On each anniversary of the issuance of the first building
permit for the Project ("Building Permit") until the
outstanding Deferred Fees balance is paid, RSI shall pay the
City annual installments of principal and interest in the
amount of $5,652.48.
Any outstanding balance hereunder shall be fully due and
payable on the tenth anniversary of the issuance of the first
Building Permit for the Project (July 1, 2009).
3. All payments on this Note shall be applied first to the
payment of accrued but unpaid interest, and after all such interest
has been paid, any remainder shall be applied to reduction of the
principal balance. This Note may be prepaid at any time without
penalty to the Debtor.
4. The occurrence of anyone or more of the following events
shall constitute an "Event of Default": (a) default under any
agreement or other writing executed in favor of City in connection
with this Note, including but not limited to the Agreement , the
Deed of Trust, or the Guaranty; (b) default in the payment when due
of any installment or amount of principal or interest due on this
Note; (c) the making by Debtor of any assignment for the benefit of
creditors or the voluntary appointment (at the request or with the
consent of Debtor) of a receiver, custodian, liquidator or trustee
in bankruptcy of any of Debtor's property, or the filing by Debtor
of a petition in bankruptcy or other similar proceeding under any
law for relief of debtors; (d) the filing against Debtor of a
1
02/ ~/ ~
petition in bankruptcy or other similar proceeding under any law
for relief of debtors, or the involuntary appointment of a
receiver, custodian, liquidator or trustee in bankruptcy of the
property of Debtor, if such petition or appointment is not vacated
or discharged within sixty (60) calendar days after the filing or
making thereof; or (e) the occurrence of a default under any
security instrument to which the security interests described in
section 5 hereof is junior and subordinate. Notwithstanding the
foregoing, no Event of Default shall have occurred hereunder until
City has provided Debtor with written notice of such default as
provided in the Agreement and Debtor shall have failed to cure such
default 'on or prior to the date fifteen (15) days after such
notice. Upon the occurrence of an Event of Default, City may, at
its option, declare the entire unpaid principal balance and accrued
interest to be immediately due and payable in full or pursue any
and all other remedies provided hereunder, under the Agreement,
under the Guaranty, or as otherwise provided at law or in equity.
Upon the occurrence of an Event of Default, the entire unpaid
principal balance and unpaid interest accrued thereon shall bear
interest from the date of the Event of Default until such default
is cured at a default interest rate of seven percent (7 %) per
annum.
5. This Note is secured by Debtor's pledge pursuant to
the terms of a Deed Trust recorded with respect to certain real
property located in the city of Chula Vista, County of San Diego,
State of California as more particularly described therein, and (b)
all other existing and future agreements or writings, executed in
favor of city securing this Note.
6. This Note is guaranteed by Nathan Rubin pursuant to
that certain Guaranty dated concurrent~y herewith.
7. Debtor acknowledges that if any paYment required
under this Note is not paid within fifteen (15) days after the date
when the same becomes due and payable, the holder hereof will incur
extra administrative expenses (i.e., in addition to expenses
incident to receipt of timely paYment) and the loss of the use of
funds in connection with the delinquency in paYment. Because, from
the nature of the case, the actual damages suffered by the holder
hereof by reason of such extra administrative expenses and loss of
use of funds would be impracticable or extremely difficult to
ascertain, Debtor agrees that ten percent (10%) of the amount of
the delinquent paYment shall be the amount of damages to which such
holder is entitled, upon such breach, in compensation therefor.
Therefore, Debtor shall, in such event, without further notice, pay
to the holder hereof as such holder's sole monetary recovery to
cover such extra administrative expenses and loss of use of funds,
liquidated damages in the amount of ten percent (10%) of the amount
of such delinquent paYment. The provisions of this paragraph are
intended to govern only the determination of damages in the event
of a breach in the performance of the obligation of Debtor to make
2
t:1)-/;5
timely payments hereunder. Nothing in this Note shall be construed
as an express or implied agreement by the holder hereof to forbear
in the collection of any delinquent payment, or be construed as in
any way giving Debtor the right, express or implied, to fail to
make timely payments hereunder, whether upon payment of such
damages or otherwise. The right of the holder hereof to receive
payment of such liquidated and actual damages, and receipt thereof,
are without prejudice to the right of such holder to collect such
delinquent payments and other amounts provided to be paid hereunder
or under any security for this Note or to declare a default
hereunde~ or under any security for this Note.
8. Accrued but unpaid interest not paid when due and any
unpaid liquidated damages shall bear interest as principal. All
payments of this Notes shall be made in lawful money of the united
states of America and in immediately available funds at city's
office, the address for which is specified in the Agreement, or at
such other place as the holder hereof may form time to time direct
by written notice to Debtor.
9. Debtor waives any right of offset it now has or may
hereafter have against the holder hereof and its successors and
assigns. Debtor waives presentment, demand, protest, notice of
protect, notice of nonpayment or dishonor and all other notices in
connection with the delivery, acceptance, performance, default or
enforcement of this Note (other than notices expressly required by
the terms of the Agreement). Notwithstanding any provision herein
or in any instrument now or hereafter securing this Note the total
liability for payments in nature of interest shall not exceed the
limits imposed by the applicable usuary laws.
10. Debtor expressly agrees to any extension or delay in
the time for payment or enforcement of the Note, to renewal of this
Note and to any substitution or release of any of the Collateral,
all without any way affecting the liability of Debtor hereunder.
Any delay on city's part in exercising any right hereunder shall
not operate as a waiver. city's acceptance of partial or
delinquent payments or the failure of City to exercise any rights
shall not waive any obligation of Debtor or any right of City, or
modify this Note, or waive any other similar default.
11. Debtor agrees to pay all costs of collection when
incurred and all costs incurred by the holder hereof in exercising
or preserving any rights or remedies in connection with the
enforcement and administration of this Note or following a default
by Debtor, including but not limited to reasonable attorney' fees.
If any suit or action is instituted to enforce this Note, Debtor
promises to pay, in addition to the costs and disbursements
otherwise allowed by law, such sum as the court may adjudge
reasonable attorney's fees in such suit or action.
12. This Note shall be governed by and construed
3
el/ -- /1
according to the laws of the State of California.
13. Time is of the essence for each and every obligation
under this Note.
14. Debtor represents and warrants that: (a) it has full
legal right, power and authority to execute and fully perform its
obligations under the Note and the Deed of Trust j and (b) the
persons executing this Note on behalf of Debtor are the duly
designated agents of Debtor and are authorized to do SOj and (c)
that the execution of this Note and the Deed of Trust have been
authorized by a duly adopted resolution of its Board of Directors.
"Debtor":
ents, L.L.C.
rnia corporation
Managing Member
H:\home\lorraine\ag\promnote.rsi
4
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Escrow No.
Loan No.
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
Community Development Department
276 Fourth Avenue
Chula Vista, Ca. 91910
Attn: John Wood
EXHIBIT B
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS
(LONG FORM)
This DEED OF TRUST, made
, between
N.E.W. Investments, LLC, a California limited liability company
herein called TRUSTOR,
whose address is
(Number and Street) (City) (State)
FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, herein called TRUSTEE, and
City of Chula Vista
, herein called BENEFICIARY,
WITNESSETH: That Trustor grants to Trustee in Trust, with Power of Sale, that property in the
County of , State of California, described as:
Parcel 2 of Parcel Map No. 18240, 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,
April 22, 1999 as File No. 1999-0271101 of Official Records.
together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and
conferred upon Beneficiary to collect and apply such rents, issues and profits, for the purpose of securing (1) payment of the
sum of $ 41 ,602. 79 with interest thereon according to the terms of a promissory note or notes
of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof, (2) the
performance of each agreement of Trustor incorporated by reference or contained herein and (3) payment of additional sums
and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory
note or notes reciting that they are secured by this Deed of Trust.
A. To protect the security of this Deed of Trust, Trustor agrees:
(1) To keep said property in good condition and repair; not to remove or demolish any building thereon;' to complete
cr restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed
thereon and to pay when due all claims for labor performed and materials furnished therefor; to comply with all laws C!ffecting
said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not
to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and
(continued on reverse side) 0<1)/ /'/ ~
1193 (1/94)
Page 1 of 4
do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations
herein not excluding the general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary.
The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured
hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part
thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder
or invalidate any act done pursuant to such notice.
(3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers
of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a
reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by
Beneficiary to foreclose this Deed.
(4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including
assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or
any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary or Trustee, but without
obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof,
may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof,
Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or
proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest
or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and,
in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees.
(5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date
of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law
in effect at the date hereof regarding the obligation secured hereby any amount demanded by the Beneficiary not to exceed
the maximum allowed by law at the time when said statement is demanded.
B. It is mutually agreed:
. (1) That any award of damages in connection with any c~ndemnation for public use of or injury to said property or any
part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him in
the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance.
(2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either
to require prompt payment when due of all other sums so secured or to declare default for failure so to pay.
(3) That at any time orfrom time to time, without liability therefor and without notice, upon written request of Beneficiary
and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for
payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any
map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating
the lien or charge hereof.
(4) That upon written request of beneficiary stating that all sums secured hereby have been paid, and upon surrender
of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may
choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals
in such reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such
reconveyance may be described as "the person or persons legally entitled thereto."
(5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority,
during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right,
prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder,
to collect ahd retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may
at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the
adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part
thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid,
and apply the same, less costs and expenses of operation and collection, including reasonable attomey's fees, upon any
indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession
of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure .or waive
any default or notice of default hereunder or invalidate any act done pursuant to such notice.
(continued on next page)
;2/'-/7
1193 (1/94)
P'lce 2 of 4
I,b) I na, upon default by frustor in payment of any indebtedness secured hereby or in performance of any agreement
~reunder, Beneficiari may declare all sums secured hereby immediately due and payable by delivery to Trustee of written
~c1aration of default and demand for sale and of written notice of default and of election to cause to be sold said property,
hich notice Trustee shall cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all
)cuments evidencing expenditures secured hereby.
After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice
: sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and
ace fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public
Jction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale
f all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter
lay postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to
Jch purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals
1 such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Trustor, Trustee,
r Beneficiary as hereina~er defined, may purchase at such sale.
After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection
lith sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid,
lith accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the
::mainder, if any, to the person or persons legally entitled thereto.
(7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument
1 writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed
IY the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said
:roperty is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without
:onveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must
:ontain the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded
:'id the name and address of the new Trustee.
(8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees,
::ministrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees,
:' the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the
-:-csculine gender includes the feminine and/or neuter, and the singular number includes the plural.
(9) That Trustee accepts this Trust when this Deed, duly" executed and acknowledged, is made a public record as
:::;vided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any
~c:ion or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless brought by Trustee.
Insert Rider 1 attached hereto as Exhibit B and incorporated herein by that reference.
The undersigned Trustor requests that a copy of any notice of default and of any notice of sale hereunder be mailed to
,im at his address hereinbefore set forth.
Signature of Trustor
Signature of Trustor
3iATE OF CAUFOP.NIA
:OUNTY OF
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In
, before me,
Jersonally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
I//ITNESS my hand and official seal.
Signature
~ / - ) r (This area for official notarial seal)
(continued on reverse side)
1193 (1/94)
Page 3 of 4
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
TO FIRST AMERICAN TITLE INSURANCE COMPANY, TRUS1EE:
The u!1dersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Deed of Trust. Said
note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested
and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned,
and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to
reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same.
Dated
Please mail Deed of Trust,
Note and Reconveyance to
Do not lose or destroy this Deed of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for
cancellation before reconveyance will be made.
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1193 (1/94)
Page 4 of 4
EXHIBIT 1
RIDER 1 TO
DEED OF TRUST WITH ASSIGNMENT OF RENTS
10. Due on Sale or Encumbrance. If Trustor sells, contracts
to sell, gives an option to purchase, conveys, leases, encumbers,
or alienates the real property security described herein (the
"Property"), or any interest in the Property, or suffers its title,
or any interest in the Property, to be divested, whether
voluntarily or involuntarily; or in the event of a sale or transfer
of beneficial interest in Trustor (if Trustor is a corporation,
partnership, association, trust, or other legal entity) equal to
twenty-five percent (25%) or more of the beneficial ownership
interests of Trustor outstanding at the date of this Deed of Trust;
or if title to such property be subject to any lien or charge,
voluntarily or involuntarily, contractual or statutory, without the
written consent of Beneficiary being first had and obtained,
Beneficiary, at Beneficiary's option, may, without prior notice,
declare all sums secured by this Deed of Trust, irrespective of
their stated due date (s), immediately due and payable, and my
exercise all rights and remedies provided in this Deed of Trust.
c2 I ~ J-t7
EXHIBIT C
GUARANTY
This GUARANTY (the "Guaranty") is made as of August_, 1999,
by Nate Rubin, Wolf Bie1as and Enrique Cohen (each a "Guarantor")
91914, in favor of the city of Chula vista, a municipal corporation
("city"),. whose address is 276 Fourth Avenue, Chula vista, Ca.
91910.
In order to induce city to defer certain development impact
fees for the benefit of N. E. W. Investments, L. L. C., Inc., a
California corporation ("NEW") in the sum of Forty-One Thousand,
six Hundred Two Dollars and Seventy-Nine Cents ($41,602.79) with
NEW's repayment obligation with respect to the deferred fees to be
evidenced by a Secured promissory Note of even date herewith
("Note") executed by NEW and payable to city, Guarantor
unconditionally and irrevocably guarantees to city and. to its
successors, endorsees, and assigns, the full and prompt payment of
the Note in accordance with its terms, when due, by acceleration or
otherwise, and the full, prompt, and complete performance of all
obligations of NEW set forth in the Deed of Trust between NEW and
city, or any other agreement now or hereafter securing performance
under the Note (the Note and each document securing performance
under the Note are collectively referred to herein as the "Deferral
Documents") .
1. Modification, Waiver or Release of Security. Guarantor
shall continue to be liable under this Guaranty, and its provisions
shall remain in full force and effect notwithstanding:
(a) Any modification, agreement, or stipulation between
any NEW and city, or their respective successors and assigns, with
respect to the Deferral Documents; or
(b) City's waiver of or failure to enforce any of the
terms, covenants, or conditions contained in the Deferral
Documents, or any modification of the Deferral Documents; or
(c) Any release of any real or personal property or
other security then held by city for the performance of the
obligations hereby guaranteed.
2. Additional Credit. Additional credit under the Deferral
Documents may be granted from time to time at.. the request of NEW
and without further authorization from or notice to Guarantor.
Holder need not inquire into the power of NEW or the authority of
its partners or agents acting or purporting to act in its behalf.
Each credit granted to NEW pursuant to the Deferral Documents' shall
be deemed to have been granted at the instance and request of
Guarantor and in consideration of and in reliance on this Guaranty.
3.
Guaranty
Guaranty of Payment. The liability of Guarantor on this
is a guaranty of payment and performance and not of
1
JJ~;:I
collectibility, and is not conditional or contingent on the
genuineness, validity, regularity, or enforceability of the
Deferral Documents or other instruments relating to the obligations
hereby guaranteed or the pursuit by City of any remedies that it
now has or may hereafter have with respect thereto.
4. Effect of Bankruptcy. The liability of the Guarantor
under this Guaranty shall in no way be affected by:
(a) The release or discharge of NEW in any creditor
proceeding, receivership, bankruptcy, or other proceedingi
(b) The impairment, limitation, or modification of the
liability of NEW or the estate of NEW, or of any remedy for the
enforcement of NEW's liability, resulting from the operation of any
present or future provision of the Bankruptcy Code (Title 11 of the
United States Code, as amendedi 11 USC ~~ 101-1301) or any
bankruptcy, insolvency, debtor relief statute (state or federal),
or any other statute, or from the decision of any courti
(c) The rejection or disaffirmance of the indebtedness,
or any portion of the indebtedness, in any such proceedingi or
(d) The cessation, from any cause whatsoever, whether
consensual or by operation of law, of the liability of NEW to City.
5. Claims in Bankruptcy. Guarantor will file all claims
against NEW in any bankruptcy or other proceeding in which the
filing of claims is required by law on any indebtedness of NEW to
the Guarantor, and will assign to City all rights of Guarantor on
any such indebtedness. If Guarantor does not file any such claim,
Holder, as attorney-in-fact for Guarantor is authorized to do so in
the name of Guarantor, or, in City's discretion, to assign the
claim and to file a proof of claim in the name of City's nominee.
In all such cases, whether in bankruptcy or otherwise, the person
or persons authorized to pay such claim shall pay to city the full
amount of any such claim, and, to the full extent necessary for the
purpose, Guarantor assigns to Holder all of Guarantor's rights to
any such payments or distributions to which Guarantor would
otherwise be entitled.
6. Waiver of Defenses: Notice; Demand; Statutes of
Limitation. Guarantor hereby waives:
(a) Diligence and demand of paymenti
(b) All notices to Guarantor, to NEW, or to any other
person, including, but not limited to, notices of the acceptance of
this Guaranty, or the creation, renewal, extension, modification,
or accrual of any obligations contained in the Deferral Documents
or notice of any other matters relating theretoi
2
c2 / - ;2J-
(c) All demands whatsoever;
(d) Any statute of limitations affecting liability under
this Guaranty or the enforcement of this Guaranty;
(e) Any duty on the part of city to disclose to
Guarantor any facts it may now or hereafter" know about NEW,
regardless of whether city has reason to believe that any such
facts materially increase the risk beyond that which Guarantor
intends to assume, or has reason to believe that such facts are
unknown. to Guarantor, or has a reasonable opportunity to
communicate such facts to Guarantor, it being understood and agreed
that Guarantor is fully responsible for being and keeping informed
of the financial condition of NEW and of all circumstances bearing
on the risk of nonpayment of any indebtedness hereby guaranteed;
and
(f) All principles or provisions of law that conflict
with the terms of this Guaranty. Moreover, Guarantor agrees that
its obligations shall not be affected by any circumstances that
constitute a legal or equitable discharge of a guarantor or surety.
7. Waiver of Defenses: Exhaustion of Security; Proceedinq
Aaainst NEW; Exercise of Riqhts and Remedies Under Loan Documents.
Guarantor further agrees that nothing contained in this Guaranty
shall preven~ city from suing on the Note or from exercising any
rights"available to it thereunder or under any of the Deferral
Documents, and that the exercise of any of the aforesaid rights
shall not constitute a legal or equitable discharge of Guarantor.
Guarantor understands that the exercise by city of certain rights
and remedies contained in the Deferral Documents may affect or
eliminate Guarantor's right of subrogation against NEW and that
Guarantor may therefore succeed to a partially or totally
nonreimbursable liability hereunder; nevertheless, Guarantor hereby
authorizes and empowers city to exercise, in its sole discretion,
any rights and remedies, or any combination thereof, which may then
be available, since it is the intent and purpose of Guarantor that
the obligations hereunder shall be absolute, independent, and
unconditional under any and all circumstances. without limiting
the generality of the foregoing, Guarantor expressly waives any and
all benefits under California civil Code sections 2809, 2810, 2819,
2845, 2849, 2850, and 2855, and California Code of civil Procedure
sections 580a, 580b, and 580d. Notwithstanding any foreclosure of
the lien of any deed of trust or security agreement with respect to
any or all of any real or personal property secured thereby,
whether by the exercise of the power of sale contained therein, by
an action for judicial foreclosure, or by an acceptance of a deed
in lieu of foreclosure, Guarantor shall remain bound under this
Guaranty.
8. Subordination of Guarantor's Riqhts. until all the terms,
covenants, and conditions of the Loan Documents on the NEW's part
3
() ) --:2.3
to be performed and observed are fully performed and observed,
Guarantor:
(a) Shall have no right of subrogation against NEW by
reason of any payments or acts of performance by Guarantor in
compliance with the obligations of Guarantor under this Guaranty;
(b) Waives any right to enforce any remedy that
Guarantor shall have against NEW by reason of anyone or more
payments or acts of performance in compliance with the obligations
of Guarantor under this Guaranty; and
(c) Subordinates any liability or indebtedness of NEW
held by Guarantor to the obligations of NEW to City under any of
the Deferral Documents or any other instrument of indebtedness.
9. Application of Payments; Refunds. With or without notice
to Guarantor, City, in its sole discretion and at any time and from
time to time and in such manner and on such terms as it deems fit
may:
(a) Apply any or all payments or recoveries from NEW,
from Guarantor, or from any other guarantor or endorser under this
or any other instrument, or realized from any security, in such
manner, order, or priority as Holder sees fit, to the indebtedness
of NEW to City under the Deferral Documents, whether such
indebtedness is guaranteed by this Guaranty or is otherwise secured
or is due at the time of such application; and
(b) Refund to NEW any payment received by City on any
indebtedness hereby guaranteed and payment of the amount refunded
shall be fully guaranteed hereby. Any recovery realized from any
other guarantor under this or any other instrument shall be first
credited on that portion of the indebtedness of NEW to City that
exceeds the maximum liability, if any, of Guarantor under this
Guaranty.
10. Notice. Whenever the parties hereto desire to give or
serve any notice, demand, or request with respect to this Guaranty,
each such communication shall be in writing and shall be effective
only if it is delivered by personal service or mailed by registered
or certified mail, postage prepaid, return. receipt requested,
addressed as set forth in the first paragraph of this Guaranty.
Such communications sent shall be effective when they are received
by the addressee thereof; but if sent by registered or certified
mail, they shall be effective three (3) days after being deposited
in the United States mail. Each party hereto may change its
address for such communications by given notice to the other party
in conformity with this paragraph.
11. Successors and Assiqns;
Gender; Sinqular Includes Plural.
Joint and Several Liabili tv;
This Guaranty shall be binding
4
;</-.,2/
on Guarantor, its heirs, representatives, administrator, executors,
successors, and assigns and shall inure to the benefit of and shall
be enforceable by Holder, its successors, and assigns. Should this
Guaranty be signed by more than one party, all obligations herein
contained shall be deemed to be the joint and several obligations
of each party executing this Guaranty. As used herein, the
singular shall include the plural, and the masculine shall include
the feminine and neuter, and vice versa, if the context so
requires.
12., Nonwaiver. No provision of this Guaranty or right of
City under this Guaranty can be waived, nor can Guarantor be
released from its obligations under this Guaranty except by a
writing duly executed by an authorized representative of City.
Guarantor shall continue to be liable under the terms of this
Guaranty notwithstanding the transfer by NEW of all or any portion
of the property encumbered by the Deferral Documents.
13. Authorization. If Guarantor is a corporation, each
individual executing this Guaranty on behalf of the corporation
represents and warrants that he is duly authorized to execute and
deliver this Guaranty on behalf of the corporation, in accordance
with a duly adopted resolution of the Board of Directors of the
corporation, in accordance with its terms. if Guarantor is a
corporation, Guarantor shall, concurrently with the execution of
this Guaranty, deliver to Holder a certified copy of a resolution
of the Board of Directors of the corporation authorizing or
ratifying the execution of this Guaranty.
14. Attorneys' Fees. Guarantor shall forthwith pay to City
the amount of all attorneys' fees and costs incurred by Holder
under and pursuant to this Guaranty, or in the defense or
enforcement of City's interests (whether or not City files a
lawsuit against Guarantor) in the event City retains counsel, or
incurs costs in order to: obtains legal advice; enforce, or seek
to enforce, any of its rights; commence, intervene in, respond to,
or defend any action or proceedings; file or prosecute a claim in
any action or proceeding (including, without limitation, any
probate claim, bankruptcy claim, third party claim, or secured
creditor claim); or represent Holder in any litigation with respect
to Guarantor's affairs.
15. Governinq Law. This Guaranty shall" be governed by and
construed in accordance with the laws of the State of California.
16. Severabilitv. Every provision of this Guaranty is
intended to be severable. In the event any term or provision
hereof is declared to be illegal or invalid, for any reason
whatsoever, by a court of competent jurisdiction, such illegality
or invalidity shall not affect the balance of the terms and
provisions hereof, which terms and provisions shall remain binding
and enforceable.
5
;1./ /':JS
17.
Guaranty
Guaranty.
Time of the Essence. Time is of the essence under this
and any amendment, modification, or revision of this
18. Entire Aqreement. Except as provided in any other
written agreement now or at any time hereafter in force between
city and Guarantor, this Guaranty shall constitute the entire
agreement of Guarantor with City with respect to the subject matter
hereof, and no representation, understanding, promise, or condition
concerning the subject matter hereof shall be binding on Holder
unless expressed herein.
19. Waiver of Chanqe in Structure of Borrowinq Entity. A
change in the name, location, composition, or structure of the
principal debtor subsequent to the agreement's execution will not
act to relieve the Guarantor of its liability.
20. Cumulative Riqhts. The amount of Guarantor's liability
and all rights, powers, and remedies of Holder hereunder and under
any other agreement now or at any time hereafter in force between
Holder and Guarantor, including, without limitation, any other
guarantee executed by Guarantor relating to any indebtedness of NEW
to City, shall be cumulative and not alternative, and such rights,
powers, and remedies shall be in addition to all rights, powers,
and remedies given to City by law. This Guaranty is in addition to
and exclusive of the guarantee of any other guarantor of any
indebtedness of NEW to city.
IN WITNESS WHEREOF, .Guarantor has executed this Guaranty as of
the year and date first above written.
Nate Rubin
Enrique Cohen
Wolf Bielas
H:\home\lorraine\ag\GU~~TEE.rsi
6
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~~
BOARD/COMMISSION/COl\1M TEE APPLIC~'VED
mY OF
CHULA VISTA
(Please indicate your il/1eres( hy checking rhe appropria"9tnetAWj 13 A11:44
(If yo II check more (han one line, please prioririze your illleresr)
CITY OF CHULA VIS: /,
CITY CLERK'S OFFiCe
Access Appeals Board
Agillg (Commissioll 011)
Appeals & Advisors
Erhics (Board oj)
~ Growrh Mgmt Oversight
Plallnillg Commissioll
Resource Conservation
Housing AdvisOl)'
Safety Commissioll
SoU/hwesr PAC
Chaner Review
Humall Relations
Child Care
[1/1'1 Friendship
Lihrary Board of Trusrees
Mobilehome Rem Review
Town Celllre PAC
Culrural Ans
Design Review
Economic Developmem
Dray Valll')' Road PAC
UlIired Natiolls Day Commiuee
VererallS Advisory Commission
Yourh Commissioll
Civil Service
Parks & Recrearioll
OlliER
PLEASE PRINT CLEARLY
Name: W\l.,lAA1-1 ~U~S U6"e ~pP
0' r?\ \...L" )
City:..QJ ULA V I Sr~
Zip:~
Home address:
Res phone no:_._._. ~...
Bus phone no:
Registered voter in Chula Vista: ~es
_no
Do you live within the City limits of Chula Vista? V
yes
no How long'!
14 ,,~s
Grade: /oJ/A
For Yowh Commission applical/1s ollly: School attending
N/A
Colleges attended & degrees held: SPcN t>\~O ?""T].m U1JlV, - MAS~S. tCF ft>fSL.u:..
M>~~~\S~\lO\..L) 0.S; 6f4HI~ d-v1S\lU kbnLM.
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Present employer: L,rI"'( t1f"?~ Dt8l::t 0
Position:~PnaJ'7' ~..J.aT HA1J~
What are your principal areas of interest in our city government and what experience(s) or special knowledge can you bring to those
areas? I H--\ \~S.~ ul. rMmG\Ptffik1~ lu11U; Gs~wrn t1~ ~~JbUT
cpnt1l-m;B At-lD t>t5"rkt,ttJht ~ B~te,U; Gfa7~ t1~"6t-tT. tN wf2..
Cx> I1"N ~. II,{AY.t;- Nowu;Db6 ~ ~ ~ Clct..-b(9)RNtA Ql1ttRD^H"1~
~v~t1o~~u (~~~~pJl!~y ~T'p~rt~~n?F:'! r ~
t1{?\~s --n f!vPtLvATh' Lt1Pl91~n(1,J Q.!!:. o,..o~ Hht'1T, {tMJ ~AtZt:>.s.
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t\~~ ~V6 ~LNAl101JS. k1-lD fWDt?tTI\f6 ~OCON~AT1aJ.s ~
I am familiar with the responsibilities assir:ned to the Board/Com/11Ission/Con1l11lttee on which I Wish to serve.
d1Lt.~~- c2J/9 _ / fltD::qq
R.. 6/97 :I: :I: :I: Please see the reverse side of this Application for \ler\' Important Le!!al infomwtion :I: :I: :I:
August 13, 1999
The Honorable Shirley Horton
City of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
VIA HAND DELIVERY
Dear Mayor Horton:
Subject: GROWTH MANAGEMENT OVERSIGHT COMMITTEE (GMOC)
Through conversations with Councilman John Moot and Committee Chair Tris Hubbard,
I understand there are existing vacancies on the GMOC. I am interested in being
considered for an appointment to this volunteer position, and would like to take this
opportunity to introduce myself and briefly describe my background.
I have lived in our community for over thirty-five years and reside with my wife and two
children in the Robinhood neighborhood of our City. I possess a Master's Degree in
Public Administration and have over 12 years experience as a development project
manager and planner with the City of San Diego. I am familiar with growth
management issues, including analysis and processing of planned development
proposals, plan amendments, rezonings, and conditional use permits. This includes the
analysis of proposals for consistency with policy documents and Municipal Code
findings required for project approval.
I have a working knowledge of the California Environmental Quality Act (CEQA) and
National Environmental Policy Act (NEPA) to ensure that a thorough analysis of project
impacts and mitigation measures has occurred, and issues such as land use, traffic,
noise, and air quality have been addressed, for consideration by the decisionmaker.
As a citizen of our city I have familiarized myself with our General Plan and its Growth
Management Element, including issues related to public facilities and services,
affordable housing, a healthy economy, community character and identity, open space,
natural resources and regional growth management.
I am confident that my motivation, education, pertinent experience and proven ability to
work successfully with diverse groups, provide the tools necessary to enable my
effective service and positive contribution as a member of the GMOC, and would
appreciate your consideration for appointment. I am attaching my application and if you
should have any questions, please call me at my office 533-6174, or my home at 421-
5530.
Sincerely,
~,
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~~25-99 WED 10:35 AM PROGRAMS & POLICY
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BOARD/COMMISSION/COMMI'ITEE A PPLICA TION
C1Y OF
CHUlA VISfA
(P~a.r(! illdicatf' YClur ;lIIerl!St .by checking '~t! .a~)pr(lfJriClte li't!J(tJ eEl V ED
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Charier Review
Child Care
--4.;..... Civil &/"Yic6.
Culluml .drts
TRANSMITTED BY FACSIMILE
ethic;.r (Board of)
GrQwrh Mgmt Ova-~ighl
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Parks & Recreatioll
"99 AUG 25 P12 :15
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--l- EfXlt1.omlc Dllvslopmem".
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..GlJ..LQid4ilJiAYIS T 1\
Rl;fT r cLE'RTrS'O"F Fie f
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YOUTh Commissioll
OTHER
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7' e"1 :2:'7: ;', 89
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PL~Sp PRINT CLEARLY
Name;
VIKKI ROBINSON OPEODU
Home address: 2057 CHATEAU COURT
City: CHULA VISTA
~ Zip: 91913
Rt:6 phon~ no: 619-656-tJ.282 Bus phone nO: 525-3756
Registered voter in Chula Vista: --.!Jes _no
Do you live within the City lim.ib of Chula Vista?
x
Y~5
no How long'? February 2.6..t 1 g99
For Youth CommissiOIl applicants ouly: Scbool attending
I ~
Grade;;
Colleges attended & degrees held: University of Oklahoma. B.A.. Conununication
University of Redlands. Mast~rs of Management. Candidate
i
Present employer:
SAN DIEGO HOU51NGCOOMMISSION
Position: SEN lOR PRQGRAM ANALYST
What are your priocipalllreas of interest in OUT cjty govemm.:nt and what expclritlDce(S) or fipecial knowl~ge Can you bring to those
ar~? 1nterst are in community develo ment~ with a reat interest in findin wa s
ouslng, JO 5, an t e envlronmen 0 benefit the Chula'Vista.community'of
levels. MY:ex er1ence includes: case mana ement 'ob trainin ro ram
e ve omen. nterprlse ommunlty and Enterprise Zone jobs training programs; working
as a legislative dssistant to a ,County Board of Supervisor, and mY current work in .
alFfordable houslng working w/special needs hous1ng~ and affordable housing legiSlation.
Wbatwouldyouhope to accomplish by your patticip.ation? The City of' r.hulil Vi'!:.ta appears to already by
on the cutting edge in their community dev@lopment efforts, my goal would be to find
w s to continual balance housin . . . .
residents from al income levels. I would also increase efforts n the area of
self-sufficiency. and expandingcQrnrnunity collaborations, to inc;1lldE' rel('v3l't groups
from neighboring cities.
I am ramili~r with the responsibilities assigned to the BO/lrd/Cnmmillllion/C()mmitl~ un which I wish to ~~.
~J)}i,!!?p.. '- ~ Augu~t ~5. IQqq ..
~ DJlt~.
}(n. G/V'] '" '" '" Please gee the reVeT$#! side of this Application foT' .Very lr1lDOr/Ol1.1 Lefl!l..llnJonllDtion * '" *
0<1/1 -/
"., declare under penalty of perjury that I am
employed by the City of Cl1uia Vista in the
Of.fice of the Cit} (;I"r:, and that I posted
this Agen Ja/i'lo\ice en the Bulletin Board at
the PUbl[s;..s.erv,J "5ces BUilding~d at Citrt~1I on
DATED. '6(c:J1 ff1.4 SIGNE 1J7at. .
Tuesday, August 31, 1999 . ( ,/ / /N . If Council Chambers
6:00 p.m. Public Services Building
(immediately following the City Council Meeting)
CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA
Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City
Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss
and deliberate on the following items of business which are permitted by law to be the subject of a
closed session discussion, and which the Council is advised should be discussed in closed session to
best protect the interests of the City. The Council is required by law to return to open session, issue
any reports offinal action taken in closed session, and the votes taken. However, due to the typical
length of time taken up by closed sessions, the videotaping will be terminated at this point in order
to save costs so that the Council's return from closed session, reports of final action taken, and
adjournment will not be videotaped. Nevertheless, the report offinal action taken will be recorded
in the minutes which will be available in the City Clerk's Office.
CONFERENCE WITH LEGAL COUNSEL REGARDING:
. Existing litigation pursuant to Government Code Section 54956.9(a)
1. Fritsch vs. City of Chula Vista.
2. Rosette vs. City ofChula Vista.
. Significant exposure to litigation pursuant to Government Code Section
54956.9(b)
1. One case.