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Home My WebLink AboutAgenda Packet 1999/08/17 '" declare IInder Pfnelty of perju~ t~et 1 em I yad by the City of Chula Vista 10 the :~c~ of the City Clerk and that I posted thO Agenda/Notice on the Bulletin Board et ''-''~. . B 'Id' and at City Hall on . Tuesday, August 17, 1999 thel>ubllc erv es UI 109 U.c~counCll Chambers 6'00 p.m. DATED.. SIGNED u lie Services Building (immediately following the City Cou il 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 ofthe City The Council is required by law to return to open session, issue any reports of final 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 of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. CONFERENCE WITH LEGAL COUNSEL REGARDING - Significant exposure to litigation pursuant to Government Code Section 54956.9(b) . One case. CONFERENCE WITH REAL PROPERTY NEGOTIA TOR- Pursuant to Government Code Section 54956.8 . 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 ofChula Vista (Sid Morris). Under Negotiations: Property Acquisition / AGENDA "1 "eclare under pcna:ty of perjury that I am August 17, 1999 emplo;'e.j by the eil:! of ChuJa Vista in the 6:00 p.m. OHice of the City Clo", ;:nd that I posted this AgenjajNoUce on the Bulletin Board at CALL TO ORDER the PubJjs; r)li~!ls_Building and ity Ii~ DATW' . SIGNEO-- II 1 ROLL CALL. Councilmemoers aVIS, oot, Padllfa, Sata , Mayor orton. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3 SPECIAL ORDERS OF THE DAY A. Oath of Office: Parks and Recreation Commission - Don Salcido; Planning Commission - Marco Polo Cortez. B. Fran Larson, of the International Friendship Commission, will introduce cultural exchange students from Odawara, Japan: Junichi Chiba, Megumi Komiya, Eriko Horoguchi, and Hayato Takahashi. C. Chris Salomone, Director of Community Development, will present an award to Mayor Horton which was given to the City by the Non-Profit Federation for Housing and Community Development. The Federation held its 4th Annual Awards Ceremony on July 23, 1999, to celebrate the accomplishments of the organizations and individuals involved in Affordable Housing and Community Development in San Diego County At this event the Federation honored the outstanding achievements and successes of non-profit organizations, individuals, public agencies, and leaders in the region. The City received the award as the Outstanding Local Government Supporter CONSENT CALENDAR (Items 4 through 10) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that the item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 4 WRITTEN COMMUNICATIONS A. Letter from the Office of the City Attorney stating that there were no actions taken in Closed Session on August 10, 1999, which are required under the Brown Act to be reported. Staff recommendation. The letter be received and filed. ~ Agenda 2 August 17, 1999 5 ORDINANCE ADDING CHAPTER 3 41 TOTHEMUNlCIPALCODERELATINGTO HOTELS AND MOTELS REQUIRING IDENTIFICATION FROM CUSTOMERS AS A PREREQUISITE TO ROOM RENTAL AND LIMITING THE RENTAL PERIODS (SECOND READING AND ADOPTION) In order to assist police in reducing calIs for service at local hotels/motels, staff is recommending an addition to the existing ordinance to require a valid government identification from prospective customers. Research shows that this proposal causes very little inconvenience and significantly reduces potential problems and associated calIs for service. Staff recommendation: Council place the ordinance on second reading for adoption. (Chief of Police) 6 RESOLUTION APPROVING A CHANGE TO THE MASTER FEE SCHEDULE FOR THE LffiRARY AUDIO-VISUAL OVERDUE CHARGE EFFECTIVE SEPTEMBER I, 1999 The Library proposes reducing its overdue charge for videos from $3 per day per video to $ I per day per video When the video collection was initiated in the early 1980's, the cost of videos was very high. Therefore, the Library initially had a very smalI colIection that grew slowly over time. The $3 per item per day charge was intended to be an incentive to return items promptly so that the maximum number of videos were available for patrons. Staff recommendation: Council adopt the resolution. (Director of Library and Recreation) 7 RESOLUTION APPROVING THE ASSIGNMENT OF THE DEFERRED COMPENSATION PLAN ADMINISTRATION AGREEMENT FROM GREAT WESTERN BANK TO NATIONAL DEFERRED COMPENSATION, INC One of the two contract administrators of the City's Deferred Compensation Plan, Great Western Bank, is requesting approval of an assignment of their rights and responsibilities under the current Deferred Compensation Plan Administration Agreement to National Deferred Compensation, Inc. Staff recommendation: Council adopt the resolution. (Director of Finance) 8 RESOLUTION APPROPRIATING FUNDS AND AWARDING PURCHASE AGREEMENT FOR TWO SEWER COMBINATION TRUCKS THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF PASADENA (4/STH'S VOTE REQUIRED) As part of the fiscal year 1999/2000 Equipment Replacement Budget, Council approved the early replacement of two single-function high-pressure water sewer jetter/c1eanertrucks with two sewer combination cleaner/vacuum trucks. The Municipal Code and Resolution 6132 authorizes the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. Therefore, the City is participating in a current City of Pasadena bid from Municipal Maintenance Equipment, Inc. Staff recommendation. Council adopt the resolution. (Director of Public Works and Director of Finance) Agenda 3 August 17, 1999 9 RESOLUTION APPROVING FIRST AMENDMENT TO AGREEMENT WITH THE OTAYWATERDlSTRlCT REGARDING COST SHARING FOR APA VING PROJECT ON OTAYLAKES ROAD On January 19, 1999, Council approved an agreement with The Otay Water District to share the cost of paving a portion of Otay Lakes Road from EastLake Parkway to 1,900 linear feet easterly thereof (west bound lanes only). The work was to be done in conjunction with Otay District's installation of a 16-inch diameter recycled water main along Otay Lakes Road from EastLake Parkway to Medical Center Drive. The installation of the recycled water main was delayed due to factors beyond the control of the District but is now ready to proceed. It is recommended that the limits ofthe rehabilitation project be extended to include the portion ofOtay Lakes Road from EastLake Parkway to Lane Avenue. Recommendation: Council adopt the resolution. (Director of Public Works) 10 RESOLUTION AMENDING LEVY OF THE SPECIAL TAX FOR FISCAL YEAR 1999/2000 FOR COMMUNITY FACILITIES DISTRICT 97-3 The fiscal year 1999/2000 maximum and actual billing rates for Community Facilities District 97-3 were originally adopted on August 3, 1999 The billing rates were calculated based on the number of parcels within the District. Since a number of parcels located outside the District were inadvertently included in the calculation, the amount to be levied must be amended in order to provide sufficient revenue to pay bondholders of the District. Recommendation: Council adopt the resolution. (Director of Public Works) ORAL COMMUNICATIONS PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been adwrtised and/or posted as public hearings as required by law If you wish to speak to any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 11 PUBLICHEARlNGPCS 98-06, CONSIDERATION OF A TENTATIVESUBDlVISION MAP FOR VILLAGE ONE WEST OF OT A Y RANCH SECTIONAL PLANNING AREA ONE PLAN, TRACT 98-06, APPLICANT THE OT A Y RANCH COMPANY RESOLUTION APPROVING A TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF THE OT A Y RANCH, SECTIONAL PLANNING AREA ONE PLAN, TRACT 98-06, AND MAKING THE NECESSARY FINDINGS The Otay Ranch Company has applied to subdivide Village One West of the Otay Ranch Sectional Planning Area One Plan into 774 lots on 275 acres. The application proposes 684 single-family residential lots, a 6-acre neighborhood park, a lO-acre elementary school site, right-of-way reservation for the future Metropolitan Transit Development Board, Light Rail Transit System, and open space lots. Included in the application is an "Alternative Map," which includes properties identified as "Out-Parcels," that subdivides approximately 294 acres into a total of 90 1 lots. Recommendation: Council adopt the resolution. (Director of Planning & Building) Agenda 4 August 17, 1999 12. PUBLIC HEARING REGARDING CONSIDERATION OF DECLARATION OF INTENTION TO FORM AND ESTABLISH COMMUNlTYF 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 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. Recommendation: The public hearing be continued to August 24, 1999 (Director of Public Works) 13 PUBLIC HEARING REGARDING THE DECLARATION BY THE CITY COUNCIL AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO AN EXISTING 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. Staff recommendation: The public hearing be continued to August 24, 1999 (Director of Public Works) ACTION ITEMS The items listed in this section of 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, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 14 RESOLUTION MAKING A SPECIFIC FINDING THAT IRREGULARITIES IN THE BID OF MESA CONSTRUCTION PROJECTS, INC ARE WAIVED FOR THE BENEFIT OF THE PUBLIC, ACCEPTING BIDS AND AWARDING CONTRACT FOR 'TELEGRAPH CANYON CHANNEL IMPROVEMENTS, PHASE 1, FROM NORTH OF SIERRA WAY TO 'K' STREET, IN THE CITY" PROJECT, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT THE EASEMENTS DEDICATED FOR THE CONSTRUCTION OF THIS PROJECT, AND APPROPRIATING ADDITIONAL FUNDS FROM THE TELEGRAPH CANYON DRAINAGE DEVELOPMENT IMP ACT FEE (41TH'S VOTE REQUIRED) . Agenda 5 August 17, 1999 The general scope of the project involves the construction of a rectangular reinforced concrete channel within the existing natural Telegraph Canyon Creek from north of Sierra Way to "K" Street, including the reconstruction of drainage facilities at the Second Avenue channel crossing. Recommendation: Council adopt the resolution. (Director of Public Works) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 15 CITY MANAGER'S REPORTS A. Scheduling of meetings. 16. MAYOR'S REPORTS A. Ratification of appointments: Housin2 Advisory Commission - Virginia Moore (to fill vacancy created by Commissioner Lembo, whose term expired June 30, 1999); International Friendshin Commission - Ignacio Valdovinos (to fill vacancy created by Commissioner Wood, whose term expires June 30,2000); MobilehomeRent Review Commission - Anthony Ciotti, Sr (to fill vacancy created by Commissioner Watry, whose term expired June 30, 1999); Resource Conservation Commission - Juan Diaz (to fill vacancy created by Commissioner Yamada, whose term expired June 30, 1999); and, Board of Anneals and Advisors - Jose L. Romo, Jr (to fill vacancy created by Member Harter, whose term expired June 30, 1999). 17 COUNCIL COMMENTS Councilmember Davis A. Ratification of appointment to the Mobilehome Rent Review Commission - Marshall Compton (to fill vacancy created by Commissioner Worth, whose term expires June 30, 2002). ADJOURNMENT to a Closed Session, thence to an Adjourned Meeting of the City Council on Thursday, August 19, 1999, at 4.00 p.m. in the Council Conference Room, Administration Building, and thence to the Regular Meeting of August 24, 1999, at 6.00 p.m. in the Council Chambers. August 13, 1999 MEMO TO: Carla Griffin, Deputy City Clerk FROM Patricia Salvaci0;;::?7 SUBJECT: SPECIAL ORDERS OF THE DAY - AUGUST 17,1999 Per Council member Salas request, please docket the following for the Council meeting for the above date: CONGRATULATING THE SAN DIEGO LATINO FILM FESTIVAL ON THE OPENING OF THE FIRST ANNUAL CINE MEXICANO: MEXICAN FILM SERIES Fred Salas, Co-Director of the San Diego Latino Film Festival will be accepting the proclamation. August 12, 1999 FROM: The Honorable Mayor and City Council C\ ^ David D Rowlands, Jr , City Manage~,~ \ City Council Meeting of August 17,1999 TO' SUBJECT: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, August 17, 1999. Comments regarding the Written Communications are as follows: 5a. This is a letter from the Office of the City Attorney stating that, to the best of his knowledge from observance of actions taken in Closed Session on August 10, 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. DDR:mab ~Vt- ~ ~~~~ ~~~-5:" CllY OF CHUlA VISTA OFFICE OFTHE CITY ATTORNEY Date: August 11, 1999 To The Honorable Mayor and City Council q.)o1. City Attorney From: Ann Y. Moore, Senior Assistant Re Report Regarding Actions Taken in Closed Session for the Meeting of 8/10/99 The Redevelopment Agency of the City of Chula Vista did not meet in Closed Session on 8/10/99. The City Council of the City of Chula Vista met in Closed Session on 8/10/99 to discuss: . Significant exposure to litigation pursuant to Government Code Section 54956.9(b) One case. The Senior Assistant City Attorney hereby reports to the best of her knowledge from observance of actions taken in the Closed Session in which the Senior Assistant city Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. AYM 19k He ,ho",.\lcrra'n.\l'\olo..~.._no Jj-iJ " / 276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823 @"'-I-Ccn.u....Recy<:..dP_. ~Vt- ~ ~<"--~ """"~~~ ellY Of CHUlA VISfA OFFICE OFTHE CITY ATTORNEY Date: August 11, 1999 From: The Honorable Mayor and City Council nfi~ Bart C Miesfeld, Deputy City AttorneyOJ'J To: Re: Report Regarding Actions Taken in Closed Session for the Meeting of 8/10/99 The City Council of the city of Chula vista met in Closed Session on 8/10/99 to discuss: CONFERENCE WITH LEGAL COUNSEL REGARDING: . Existing litigation pursuant to Government Code Section 54956.9(a) : Fritsch v. City of Chula Vista, District Case No. 98-CV-0972-E CGA The Deputy City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the Deputy City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. BCM 19k J//l/c2 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823 @Poat-C<ln.u.....RecycledPerper , . . . . ORDINANCE No. An Ordinance of the City of Chula Vista .~ Adding Chapter 3 41 to the Chula Vista Municipal Code _Af>~ Relating to Hotels and Motels Requiring Identification~<;) i!!Y from Customers as a Prerequisite to Room Ren~~l ~// and Limiting the Rental d~~ Period ~ ~'V The City Council of the City of Chula Vista do ain as follows: Section I: That Chapter 3.41 is hereby added to the Chula Vista Municipal Code to read as follows: Chapter 3.41 REGISTRATION OF TRANSIENTS AT HOTELS AND MOTELS Sections 3.41 010 3.41.020 3.41.030 3.41.040 3.41 050 3 41 060 Purpose Definitions Regulations Administration Violations Frequency of rental Section 3 41.010 Puroose The City Council finds and determines that it is important for the safety of visitors to our community and to control vice, disturbance, and narcotics offenses to require transient residents of hotels and motels to furnish identification at the time of registration and for operators to have evidence of identification available for reasonable inspection by a peace officer The City Council further finds that furnishing identification at the time of registration does not impede hotel or motel business and is not overly invasive to patron privacy Section 3 41.020 Definitions The terms "operator," "transient", and "hotel" are defined in Section 3 40.020 of the Municipal Code. Section 3 41 030 Requlations A. Every transient shall furnish to an operator of a hotel satisfactory identification as a part of the registration process for the hire of lodgings at that hotel by the transient. //}-3 5-/ , . B """"I Satisfactory identification for legal residents of the United States shall consist of one of the following: a valid driver's license issued by the transient's state; a federal or state government or military identification card; a passport; or any other form of valid governmental identification on which the transient's photograph appears. For persons legally residing outside of the United States, valid governmental identification shall include an official passport, US Visa, INS Alien Registration Card or INS Border Crossing Card. C. The operator of the hotel shall maintain a record of the following identification produced by the transient. The record shall include the name of transient, current address, ID number and state or country of issue and date of birth. Irrespective of method of payment, the hotel operator shall comply with Section 3.41 030A. An operator shall retain any records required under this subsection for sixty (60) days after the date the transient vacates the lodging and shall destroy them after that time. D An operator shall notify any transient who fails or refuses to provide proper identification or refuses to identify occupants to any operator that a room will not be rented. E. The duties imposed on an operator by this Chapter 3.41 shall not be interpreted or applied so as to violate or cause the violation of the American's with Disabilities Act of 1990 (PL 101-336). ~ Section 3.41 040 Administration Operator may post a notice advising transients that a transient is liable for any room charges or damage to the room during the term of hire, whether caused by the transient or other authorized occupant, or both, until the room is vacated by the transient and all authorized occupants and keys are returned to the operator. The notice may also provide that the transient may be held liable for charges or damage caused by an occupant who was not identified by the transient but occupied the room with the transient's permission. Section 3.41 050 Frequencv of Rental The operator shall not rent any room more than two (2) times during any twenty-four (24) hour period, beginning at 12 noon and ending at 12 noon the following day Section 3.41.060 Violations A. It is unlawful for an operator of a hotel to fail to require a transient to provide photo identification; to fail to retain the information required by Section 3 41.030B; or to refuse to provide such information to a police officer conducting an investigation. ~ H:\SHAREDICLERK\MOTEL.DOC -/15- f 5-;), r # e e e Provided, however, that any duty required under Section 3.41 030C terminates on and after the sixty-first (61st) day following the date the transient vacates the lodging. B. It is unlawful for any operator to rent the same room, or rent to the same transient, more than two (2) times during any twenty-four (24) hour period, beginning at the time of check-in. Section II: This ordinance shall take effect and be in full force and effect on the thirteenth day after its second reading and adoption. Presented by Approved as to form by Richard P Emerson Chief of Police H:\SHAREDlCLERKlMOTEL.DOC It) - ~-3 / J ~ COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 08/17/99 ITEM TITLE: RESOLUTION Approving a change to the Master Fee Schedule for the Library Audio-Visual Overdue Charge effective September 1,1999 Director of Library and R~~on ~ City Manag~ ~ ~ (415 ths Vote: Yes _ NolL) SUBMITTED BY: REVIEWED BY: The Library proposes reducing its overdue charge for videos from $3 per day per video to $1 per day per video. When the video collection was initiated in the early 1980's, the cost of videos was very high. Therefore, the Library initially had a very small collection that grew slowly over time. The $3 per item per day charge was intended to be an incentive to return items promptly so that the maximum number of videos were available for patrons. Over the past 15 to 20 years, the size of the Library's video collection has increased dramatically due to the decrease in purchase price. The Library now wishes to bring the video overdue charge in closer alignment with book fines, with other libraries within the Serra Cooperative Library System, local retail video store late charges, and the reasonable expectations of the public. STAFF RECOMMENDATION: That Council approve the resolution approving a change to the Master Fee Schedule for Library Audio-Video Overdue Charge, effective September 1,1999. BOARDS/COMMISSIONS RECOMMENDATION: At their meeting of August 11, 1999, the Library Board of Trustees voted to support the reduction of the video overdue charge. DISCUSSION: Over the years, the per item cost of videos has decreased dramatically; from approximately $90 in the early 1980's to less than $20 today In fact, a video is often less expensive than the average hardback book. The decrease in price has allowed the library system to build a collection of over 15,000 videos. Currently, if a patron checks out three videos and they are four days late, a $36 fine has accrued. The overdue charge for three books, for the same length, of time is $3. This disproportionately large fine has caused publiC complaints over the years. Staff also has determined that the large overdue charge may be a contributing factor to the decline in the video circulation; especially as the price to purchase and rent videos from retail outlets is very affordable. The chart on the following page outlines overdue videocassette fees charged by other libraries in San Diego County. The Chula Vista Public Library's rates exceed the norm. (e:\home\library\A113\video.A13 - O~.99] ~ --/ Item , Page 2 Meeting Date: 08/17/99 Overdue Videocassette Fines Charge Per Day Carlsbad $1.00 Chula Vista $3.00 Coronado $1.00 Escondido $0.50 National City $3.00 Oceanside $1.00 San Dieao County $1.00 San Dieao Public $2.00 Re-Format of Master Fee Schedule Fee Entries It is also staff's recommendation that Chapter V - Library - in the Master Fee Schedule be re-formatted to reflect the changes that have occurred previously through Council action, and for changes in Library vernacular to describe items listed in the Master Fee Schedule. The re-formatting changes are described in Attachment "A." The re-formatting changes includes the reduction in the video overdue charge from $3/day to $1/day. All other fees and charges remain unchanged. FISCAL IMPACT: Approximately $16,000 is currently collected annually for overdue videos. Staff believes that by lowering the overdue charge there will be an increase in video circulation. Since there is always a certain percentage of materials that are late, the fine accrual should be maintained through increased circulation. Additionally, more patrons are likely to purchase the $15 a year Video Insurance Fee if the overdue rate is decreased, resulting in an increase in revenue in that category Attachment: Master Fee Schedule - Chapter V - Format Changes [e:\home\library\A 113\video.A 13 - 08..Q6M99] ~ --~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CHANGE TO THE MASTER FEE SCHEDULE FOR THE LIBRARY AUDIO-VISUAL OVERDUE CHARGE EFFECTIVE SEPTEMBER 1, 1999 WHEREAS, the Library wishes to reduce its overdue charge for videos from $3 per day per video to $1 per day per video; and WHEREAS, when the video collection was initiated in the early 1980's, the Library had a very small collection that grew slowly because of the high cost of videos at that time and the $3 per item per day charge was intended to be an incentive to return items promptly so that the few video titles that were available could be available for the most number of people; and WHEREAS, because the Library video collection has been able to increase in size in recent years to meet local demand, the Library wishes to bring the video overdue charge in closer alignment with book fines with other libraries within the Serra System, local retail video store late charges, and the reasonable expectations of the public; and WHEREAS, at its meeting of August 11, 1999, the Library Board of Trustees voted to support the reduction of the video overdue charge. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a change to the Master Fee Schedule for the Library Audio-Visual overdue charge effective September 1, 1999 from $3 per day per video to $1 per day per video. Presented by Approved as to form by David Palmer, Director of Library and Recreation H:\home\attorney\reso\avcharge red ~~3 ATTACHMENT "A" CHAPIER V Library A. SERVICE FEES 1 Library Cards a. Resident Card - no charge b. Replacement of Lost Card - $2.00 c. Non-California Resident Card - $20.00/yr. 2. Audio Visual a. Video Insurance Charge - $15.00/yr. b. Reserves - $1.00/item 3. Books a. Reserves - $1/item 4 Lost Items a. $12.50 processing fee added on to the retail price of any lost book or audio-visual item 5. Inter-Library Loans a. Requests - $1.00/item b. Postage - Patron pays actual retum postage B. FINES 1 Overdue Charges a. Books (1 ) Adult - $0.30/day (2) Children - $0.1 O/day b. Compact Discs and Audio Cassettes - $0.30/day c. Videos (Video Cassettes and DVD's) - $1.00/day 2. Cassette Re-winding - $1.00/each [e:\home\library\A 113\video.A13 - 08-06-99] &--f COUNCIL AGENDA STATEMENT Item Meeting Date August 17. 1999 7 ITEM TITLE: Resolution Approving the Assignment of the Deferred Compensation Plan Administration Agreement from Great Western Bank to National Deferred Compensation, Inc. REVIEWED BY: Director of Financed ,,\\^ City Manage~~ ~~ (4/5ths Vote: Yes _NolLl SUBMITTED BY: One of the two contract administrators of the City's Deferred Compensation Plan, Great Western Bank, is requesting approval of an assignment of their rights and responsibilities under the current Deferred Compensation Plan Administration Agreement to National Deferred Compensation, Inc. RECOMMENDATION: Adopt Resolution approving the assignment of the Deferred Compensation Plan Administration Agreement with Great Western Bank to National Deferred Compensation, Inc., and authorizing the Director of Finance to execute the Assignment Agreement. DISCUSSION: The Council approved a Deferred Compensation Plan for the City of Chula Vista in 1974, appointing Great Western Savings as the sole plan administrator. In 1986, ICMA Retirement Corporation was added as a second plan administrator to provide employees with maximum flexibility in directing investment of their deferred compensation. In 1994, a comprehensive Request for Proposal process was undertaken in order to insure that we were getting the best possible service for our plan. Although eight other firms submitted proposals, staff recommended and Council approved new agreements with these same two administrators. Great Western Bank (now Washington Mutual Bank through merger) has subcontracted most of the administration of our plan to National Deferred Compensation, Inc. since 1997. They are now requesting your approval to assign all duties required of them under the current administration agreement with the exception of depository functions to National Deferred Compensation, Inc. Such an assignment is provided for under section 1 5 of the Administration Agreement (copy 7-/ Page 2, Item Meeting Date August 17.1999 attached} . National Deferred Compensation, Inc. is the largest administrator of public sector deferred compensation plans in the nation, with nearly 1 million participants. The assignment will not result in any changes to our current Plan, its investment options, charges, or administrative services. However, we should benefit from this assignment in the future through planned enhancements such as internet access. Should the Council not approve this assignment, staff would proceed to conduct another proposal process in order to select a replacement provider. Such a change would likely be very disruptive to current Plan participants due to the resultant changes in investment options. FISCAL IMPACT: There will be no fiscal impact to the City nor employee Plan participants if this assignment is approved as recommended. Should the assignment not be approved and staff directed to select a replacement provider, staff costs would be incurred in order to conduct the selection process and to train participants in new administrative procedures. /'i RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ASSIGNMENT OF THE DEFERRED COMPENSATION PLAN ADMINISTRATION AGREEMENT FROM GREAT WESTERN BANK TO NATIONAL DEFERRED COMPENSATION, INC. WHEREAS, Great Western Bank, one of the contract administrators of the City's Deferred Compensation Plan, is requesting approval of an assignment of its rights and responsibilities under the current Deferred Compensation Plan Administration Agreement to National Deferred Compensation, Inc.; and WHEREAS, such an assignment is provided for under section 15 of the Administration Agreement and will not result in any changes to the current Plan, its investment options, charges, or administrative services. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve the Assignment of Deferred Compensation Plan Administration Agreement from Great Western Bank to National Deferred Compensation, Inc., a copy of which shall be kept on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized and directed to execute the Assignment Agreement on behalf of the city of Chula vista. Presented by Approved as to form by Robert Powell, Director of Finance ney H:\home\attorney\reso\assign.def 7;3 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 08/17/99 ITEM TITLE: Resolution Appropriating funds and Awarding Purchase Agreement for Two Sewer Combination Trucks through a cooperative purchase with the CJY of Pasadena Director of Public Work qNI Director of Finance (4/5ths Vote: Yes..1L.. No_) SUBMITTED BY: City Manag~ ~ __ As part of the FY 1999-00 Equipment Replacement Budget, Council approved the early replacement of two single-function high-pressure water sewer jetter/cleaner trucks (Jetter Truck) with two sewer combination cleanerlvacuum trucks (Combination Truck). The Chula Vista Municipal Code, Section 2.56.270 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. Therefore, the City of Chula Vista is participating in a current City of Pasadena bid from Municipal Maintenance Equipment, Inc. REVIEWED BY: RECOMMENDATION: That the City Council award Purchase Agreement for two Combination Trucks (total cost $390,374.48) to Municipal Maintenance Equipment, Inc. and appropriate $20,37448 from the Sewer Facility Replacement Fund and $70,000 in unanticipated revenues from the sale of the existing vehicles (total $90,374.48). BOARD/COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: As mentioned above, Council approved the FY99-00 Equipment Replacement Budget which included the early replacement of two sewer Jetter Trucks with two Combination Trucks. Because this is an early and unlike replacement, this Agenda Statement further explains the rationale for the replacement. The trucks being replaced are single- function high-pressure water jetter/cleaners, which lack vacuum/pickup capability needed both in sewers and storm drains. Public Works currently has one Combination Truck and recently ordered another for the Storm Drain cleaning crew added in this year's budget. Tonight's action will replace two single function jetter/cleaners that cannot satisfactorily perform the vacuum function with combination cleanerlvacuums. At that point, all of the City's machines for sewer cleaning will be combination units. 2"// Page 2 Item Meeting Date 08/17/99 The Jetter Trucks are being retired early while they still have a comparatively high market value. These trucks are approximately halfway through their normal replacement cycle of ten years. They are being replaced with Combination Trucks because of their injury avoidance (which the City's Safety Analyst fully supports) and other capabilities further discussed below. The new trucks are identical (same manufacturer and size) to the Combination Truck presently operating in the City fleet. The Combination Trucks will be able to wash debris free from the sewers and street catch basins and vacuum it up for disposal. These units can handle fist-sized rocks and other large debris. The new Combination Trucks will also function as emergency units. They will be able to unclog plugged street catch basins during times of flooding. During times of routine sewer maintenance and repair the Combination Trucks will be used to draw down the water level in sewer lift station wet wells so that personnel can enter these spaces. In situations such as sewer lift station malfunction, the Combination Trucks will be able to maintain the wet well water level until standby pumps can be activated. A discussion of each type of equipment is contained below: Jetter Truck vs Combination Truck (See Photos 1&2) Both Trucks: Both vehicles use high-pressure water to maintain and clean the sewer mains. Jetter Truck: Maintenance and cleaning of sewer mains only. With Jetter Trucks, debris is moved from one manhole to another The only way to remove debris is to scoop it into a basket (See photo 3) or perform a manhole entry. By using this type of retrieval method, crews are unable to collect all of the debris. This procedure has also caused injuries because the crews have to pull and lift the debris from the manhole (See photo 4 & 5) and then lift it into the truck (See photo 6). The Jetter Truck is not designed to carry debris (See photo 7); the debris is carried in five-gallon buckets (two or three). If the crew encounters a dirty line they may have to return to the yard and empty their buckets two or three times a day, which takes away from productivity The Jetter Truck can only wash out storm drainpipes. This method leaves the outlet full of debris that must be removed with other equipment and hauled off by dump truck. The Jetter Truck cannot be used to contain a sewage spill because it does not have a way to retrieve any sewage that is spilled. Combination Trucks: Maintenance and cleaning of sewer mains and storm drains. The Combination Truck is equipped with a high power vacuum and 8 inch hose with twenty feet of extensions. The Combination Truck works much like the Jetter Truck except for the fact that the Combination Truck removes debris by using the vacuum ?/~ Page 3 Item Meeting Date 08/17/99 (See photo 8). The vacuum will retrieve 80 to 90% of the debris from the sewer system. This vehicle has a five cubic yard (1,010 gallon) tank for temporarily storing debris (See photo 9). The Combination Truck is designed to wash out and clean up storm drainpipes and flush sewer mains (See photo 10). Containment of sewage spills is very important. The Combination Truck provides the ability to contain the sewage spill and then remove the material by vacuuming the spilled material into the truck. All spills must be reported to County Health Agencies and the California Regional Water Quality Control Board. PRO~: COMBINATI9N TRUCK . Able to clean both sewer mains and storm drains. . Direct approach to access points not necessary . Can have one function inoperable and still use the other (Vacuum, Jetter) . Able to vacuum up and remove debris from sewer mains and storm drains. . Able to contain and control any type of spill because of the ability to vacuum material from wherever it is contained. This is especially important so that sewage spills and other contaminates are kept from entering secondary and primary water sources. This allows the City to comply with the Clean Water Program . Able to remove debris from sewer system and storm drain system. . Vehicle is designed to carry raw sewage and other debris. . Crew does not need to make a confined space entry CONS: COMBINATI9N TRUCK . Vehicle is larger and not as maneuverable. . Higher cost of vehicle and maintenance because of two functions. PROS: JETTER TR!JCK . Vehicle smaller and easier to maneuver . Better access in some areas than the Combination Truck . Lower cost of vehicle and maintenance. CONS: JETTER TRUCK . Vehicle designed only for sewer maintenance requiring high velocity flow. . Unable to contain and control any type of spill. No ability to retrieve materials. . Moves debris from one manhole to another . Remove debris manually, possibility of injury, inability to catch all debris with manual method. . Requires confined space entry to remove debris (3-person crew). The action to replace both of the Jetter Trucks now rather than waiting for them to reach normal replacement age is predicated upon the need for the combination machines for injury avoidance and the other items mentioned above and their current relatively high trade in value. The value on the old trucks is diminishing rapidly in a non-linear fashion. 5'3 Page 4 Item Meeting Date 08/17/99 The trucks being replaced cost, on average, $85,000 each five years ago, and present value is about $35,000 each. The City of Chula Vista would realize about one-third of the present market value if the trucks were held until the end of their normal useful life. Additionally, the trucks are approaching the time when they will require expenSive maintenance to their pumps. FISCAL IMPACT: The net total cost including taxes is $390,374.48. Funds of $300,000 were appropriated to the Sewer Facility Replacement budget ($249,520) and to the Fleet Management-Equipment Replacement budget ($50,480). An additional $20,374.48 must be appropriated from the Sewer Facility Replacement Fund and $70,000 in unanticipated revenues from the sale of the existing vehicles (total $90,374.48) for the purchase. The Sewer funding is to offset the cost of the equipment upgrade and early equipment replacement. Sale of the two replaced units on the open market, estimated value $35,000 each, will be done after the arrival of the new Combination Trucks. The arrival will be approximately 180 days after placement of the order D:\WINWORD\BUDGETlA113 Two Combo Sewer Cleaner.doc 5/1/ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS AND AWARDING PURCHASE AGREEMENT FOR TWO SEWER COMBINATION TRUCKS THROUGH A COOPERATIVE PURCHASE WITH THE CITY OF PASADENA WHEREAS, as part of the FY 1999-2000 Equipment Replacement Budget, Council approved the early replacement of two single-function, high-pressure water sewer jetter/cleaner trucks (Jetter Truck) with two sewer combination cleaner/vacuum trucks (Combination Truck); and WHEREAS, Chula vista Municipal Code Section 2 56.070 and Council Resolution No 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage; and WHEREAS, the City of Chula vista is participating in a current city of Pasadena bid from Municipal Maintenance Equipment, Inc. for two sewer combination trucks. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby award a Purchase Agreement for two sewer combination trucks to Municipal Maintenance Equipment, Inc in the amount of $390,374 48 through a cooperative purchase with the City of Pasadena. BE IT FURTHER RESOLVED that the amount of $20,374.48 is hereby appropriated from the Sewer Facility Replacement Fund and $70,000 00 is hereby appropriated from unanticipated revenues from the sale of the existing vehicles. Presented by Approved as to form by A~ John P. Lippitt, Director of Public Works Kaheny, city ,/ H:\home\attorney\reso\sewtruck.bid 6~ g--~ ,...."......P"'"......"...->f..."..j!l ,.-.:t' t:."~~ ;-J~ ,*)'.1.5 ".... >0: 8 ~ '" " ... g .c ~ 1 l:l '" ... ~ .c OJ) ~ '"0 ,i;~ l''''--:- ... Vi g-~? i~1i&~<J']tX:;' {..;I.,"""".... ~; 1.1' L~ J,,,j,,o, ,,,' u ~ '" j::l ....., 11 .~ ..d ..0 '" ~ '" & B <Il - ]J - "<.l - OJ S ell ~ r-: ~-Jr (j '" ~ S' O<l en ~ ~ S' ~ < ~ l'O l'O 8 COUNCIL AGENDA STATEMENT Item Meeting Date 8/17/99 7' ITEM TITLE: Resolution Approving first amendment to agreement between the City of Chula Vista and the Otay Water District regarding cost sharing for a paving project o~ 07 Lakes Road SUBMITTED BY: Director of Public Works~r REVIEWED BY: City Mana~ bw ~ (4/5ths Vote: Yes_NoX) On January 19, 1999, the City Council by Je'solution number 19345 (copy attached) approved an agreement with The Otay Water District to share the cost of paving a portion ofOtay Lakes Road from Eastlake Parkway to 1,900 linear feet easterly thereof (west bound lanes only) The work was to be done in conjunction with the Otay Water District's installation of a 16 inch diameter recycled water main along Otay Lakes Road from Eastlake Parkway to Medical Center Drive (see locator map) The installation of the recycled water main was delayed due to factors beyond the control of the Otay Water District, but is now ready to proceed. Unfortunately, a reassessment of the condition of the roadway revealed that a rehabilitation strategy different than that one proposed in January 1999 is now necessary We now recommend that instead of the 1-112 inch thick asphalt concrete overlay we had originally proposed, it is now necessary to cold mill the pavement a depth of 2-112 inches and resurface the roadway with 2-112 inches of asphalt rubber pavement. In addition, we would like to extend the limits of the rehabilitation project to include the portion of Otay Lakes Road from Eastlake Parkway to Lane Avenue. It is estimated that the change in strategy and limits of the work will increase our cost of this project from about $ 130,000 to about $ 300,000 ( an increase of about $170,000) RECOMMENDATION: That Council approve the resolution approving the first amendment to the agreement to participate in the Otay Lakes Road resurfacing portion of the Otay Water District's recycled water line installation project. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Otay Water District proposes to install 2.2 miles of recycled water mains along Telegraph Canyon Road / Otay Lakes Road from Medical Center Drive to Eastlake Parkway in 1999. The easterly 1,800 linear feet of this project are located on a portion of Otay Lakes Road that needs extensive repair and was scheduled for a 1-1/2 inch thick asphalt concrete overlay. Due to scheduling conflicts beyond the control of the Otay Water District, the installation of the recycled water main along the easterly portions of Otay Lakes Road experienced a delay. The District is now ready to proceed with their work. To install the recycled water main, Otay is 9-/ Page 2, Item_ Meeting Date 8/17/99 required to obtain a permit from the City. A condition of this permit will be for Otay to grind and remove the deteriorated asphalt within their trench areaand extending over an entire travel lane and replace it with a new pavement structural section that would add 1-112 inches of new asphalt over the entire trench width (which varies from 12 feet to 15 feet depending on the location of the trench) The cost to Otay for resurfacing the trench on their own is estimated to be about $48,700. Otay originally proposed to install the easterly segment of their project by March 1999, ahead of our schedule to overlay the same section of the roadway in FY 99-00, as part of the annual pavement overlay program. This portion of Otay Lakes Road was built when it was under the County of San Diego's jurisdiction and was not designed to accommodate the traffic index required by the planned and developed land use for this area of the City As a result, this roadway needed, and still needs, immediate attention. In January 1999, City staff estimated the repair cost to total about $ 138,600, if done independently of the Otay project (about $70 1 linear feet) The delay and the underdesign of the roadway have created the need to rethink the rehabilitation strategy and the limits of the project. We now recommend that the roadway (west bound lanes only) be cold milled a depth of 2-112 inches and be rehabilitated with 2-112 inches of asphalt rubber instead of 1-112 inches of conventional asphalt. In addition, we recommend tha t the limits of the work be extended from Eastlake Parkway to Lane A venue (an increase of about 1,260 linear feet). The installation of Otay's recycled water main creates an ideal situation for the limited resources available to both agencies to be maximized. To this effect, staff has worked with Otay staff to coordinate both projects while minimizing the impact to the area residents. The proposed first amendment to the agreement will divide the responsibilities and provides for a cost sharing arrangement. Otay will prepare the plans and specifications, with the City's input, bid and administer the contract. The City will pay for its proportional share of the construction costs, estimated to be about $ 294,150 (including 10% contingencies). Both agencies will share in the cost saving achieved by economy of scale (expected to be obtained by bidding a larger project) and inspect their respective improvements. The amendment to the agreement, however, will require the City to augment the $130,000 previously appropriated for this project by $170,000 to cover the City's share of the revised project construction and staff costs. This amount was included in the FY99-00 Capital Improvement Program (CIP) budget (Project No. STL-252) 9'.) Page 3, Item_ Meeting Date 8/17/99 FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $276,500 00 B. Construction Contingencies (10%) 26,650.00 C. Staff Costs (Design, construction & inspection) 5,850.00 Total Funds Required for Construction $300,000 00 FUNDS AVAILABLE FOR CONSTRUCTION A. 250-2501-STM339 (22110-7999/24093390-40??oo) $130,000.00 B. 250-2501-STM252 (22110-7999/24192520-400000) $117,000.00 Total Funds Available for Construction $300,000 00 The above action will authorize a total expenditure of $300,000.00 for the rehabilitation of Otay Lakes Road from Lane A venue to the future SR125 The source of funds is from Gas Tax Funds. After construction, only routine City maintenance will be required. Attachment: A - Council Agenda Statement Meeting of Jan. 19, 1999 B - Locator map H:\HOME\ENGlNEER\AGENDA\OT A Y AMl.RS 9-3 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE OTAY WATER DISTRICT REGARDING COST SHARING FOR A PAVING PROJECT ON OTAY LAKES ROAD WHEREAS, the City Council on January 19, 1999 approved an agreement with the Otay Water District to share the cost of paving a portion of Otay Lakes Road; and WHEREAS, the work to be done was in conjunction with the Otay Water District's installation of a 16 inch diameter recycled water main along Otay Lakes Road from Eastlake Parkway to Medical Center Drive; and WHEREAS, the installation of the recycled water main was delayed due to factors beyond the control of the Otay Water District, but is now ready to proceed; and WHEREAS, a reassessment of the condition on the roadway revealed that a rehabilitation strategy different than the one proposed in January 1999 is now necessary; and WHEREAS, instead of the asphalt concrete originally proposed, staff recommends cold milling the and resurfacing the roadway asphalt rubber pavement; and overlay pavement WHEREAS, in addition, staff would like to extend the limits of the rehabilitation project to include the portion of Otay Lakes Road from Eastlake Parkway to Lane Avenue; and WHEREAS, it is estimated that the change in strategy and limits of the work will increase the cost from approximately $130,000 to approximately $300,000 (an increase of $170,000); and WHEREAS, the $170,000 increase is available as it was included in the FY 99-00 Capital Improvement Program (CIP) budget (Project No. STL-252). NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the First Amendment to Agreement between the City of Chula vista and the Otay Water District regarding cost sharing for a paving project on Otay Lakes Road, 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 First Amendment 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\otayamd.lst ~ J/J1<;'~. JO~heny, city Attorney 9-1 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND THE OTA Y WATER DISTRICT REGARDING COST SHARING FOR A PAVING PROJECT ON OT A Y LAKES ROAD WHEREAS, the City ofChula Vista, by Resolution 19345 on January 19, 1999, approved an Agreement with the Otay Water District regarding cost sharing for a paving project on Otay Lakes Road (the "Agreement"); and WHEREAS, the City wishes to extend the limits of the project as described in the Agreement to include the segment of Otay Lakes Road from Eastlake Parkway to Lane Avenue in order to ensure the timely and proper repair of O~y Lakes Road; and WHEREAS, the City require~at the roadway be paved with Rubber Asphalt Hot Mix for the entire length of the project; and WHEREAS, the Otay Water District requires the installation of a water main on Otay Lakes Road from SR-125 to Eastlake Parkway (Station 98+00 to Station 117+00) for the purposes of transmitting recycled water as described in the Agreement; and WHEREAS, Chula Vista at its own expense desires to rehabilitate the pavement on all the westbound lanes ofOtay Lakes Road from Eastlake Parkway to Lane Avenue (Station 118+55 to Station 131+13) using the same method as that proposed for the section between Station 98+00 to Station 117+00; and WHEREAS, expanding the scope of work for the Otay Water District as described in the Agreement will result in enhanced continuity and move the construction of both projects efficiently forward to completion since Otay Water District has extensive experience and familiarity with Otay Lakes Road; and WHEREAS, expanding the scope of the pavement work by the City will provide newly rehabilitated roadway immediately following the installation of a recycled water main by the Otay Water District; and WHEREAS, Otay is willing to include the pavement rehabilitation work described herein and desired by Chula Vista with its project. NOW, THEREFORE, the parties agree to amend the Agreement as follows: 1 Section 3.0 Detailed Scoj)e of Work is hereby amended to add the following: 3 l(a) Pavement Removal. Sub!ITade Preoaration and Placement of Asohalt Concrete in Overlav Areas 1 90 Portions of the street pavement are to be removed as directed by the City The precise areas have been marked by the City and vary in widths and lengths but are anticipated to total about 20.000 square feet. 3 I(b) Cold Millin!! The existing street pavement shall be cold milled a depth of two and a half (2-1/2) inches. The roadway shall be resurfaced with permanent pavement within 48 hours. 3 I(c) Asphalt Rubber Stress Absorbin!! Membrane Interlayer (SAM!) Prior to the resurfacing of the roadway with permanent pavement, an asphalt rubber SAM! and/or pavement fabric shall be installed. 3 I (d) Pavement Rehabilitation The permanent pavement to be installed shall be two and a half (2-1/2) inches thick and shall be an Asphalt Rubber Hot Mix. The materials and installation shall bein accordance with Section 600 of the Regional Standard Specification (Greenbook) and the City ofChula Vista Supplement. The City shall review the mix design two weeks prior to paving. The pavement rehabilitation shall consist of all labor, materials, and equipment necessary to prepare, repair, cold plane, apply the SAMIlpavement fabric, overlay, sand and seal and sweep the westbound lanes ofOtay Lakes Road from Station 98+00 to Station 131+13 (Lane Avenue). 2. Section 3.2 Raise Manholes to Grade is hereby amended to delete "Station 117+00" and substitute in its place "Station 117+05", and to add the following phrase to the end of the section: "and from Station 118+55 to Statioi1131 + 13" 3 Section 4.0 Cost Sharin~ is hereby rrrodified to read as follows: , Section 4.0 Cost Sharing for section from Station 117+05 to Station 98+00. Chula Vista shall reimburse Otay based on the percentages derived from Exhibits B-1 and B-2. These exhibits were prepared on the basis that this section of roadway would be rehabilitated utilizing conventional Asphalt Concrete Hot Mix material. The change of rehabilitation strategy to Asphalt Rubber Hot Mix material shall not affect the cost sharing formula It is estimated that if Otay did its project by itself, utilizing conventional asphalt concrete hot mix material, it would cost $51,693.68. It is estimated that if Chula Vista did its portion of the project by itself, utilizing the same conventional asphalt concrete hot mix material, it would cost $138,618.54 The 2 9---? scope of the work defmed under the Chula Vista pavement rehabilitation eliminates the need to perform the resurfacing portion of Ota) . s pipeline project; an estimated savings of $25.846.84 to each agency The change in rehabilitation strategy from conventional hot mix asphalt concrete to rubber precludes the determination of the actual savings to each agency. However, City and Otay mutually agree to accept the $25,846.84 as the amount each would save by combining their respective projects, regardless of the actual bid amounts and as provided herein below Section 4.1 Cost Sharin~ for Section from Station 118+55 to Station 181+13. Chula Vista shall fully reimburse Otay for the rehabilitation work to be done within this section of the roadway. Section 4.2 Bid Review Obli\:ations. The total cost to implement the Asphalt Rubber Hot Mix pavement rehabilitation strategy from Station 98+00 to Station 117+00 and from Station 118+55 to Station 131 + 13 is estimated to be about $320,000. Upon receipt of the bids, Otay shall provide a copy of the bid results to the City for its review and approval. If the City's portion exceeds $294,150 (with Otay paying for $25,846.84 for a total of $320,000). Chula Vista shall have the right to exclude the City portion from the Otay Water main contract at no cost to Chula Vista. If Chula Vista exercises this right, District shall repair the trench to Chula Vista's specifications. 4 Section 5.0 Administrative/Inspection Costs is hereby amended to delete the words "asphalt concrete placement" and to substitute the words "Asphalt Rubber Hot Mix rehabilitation strategy implementation". 5 Section 6.0 COlIlPensation is hereby amended to delete the words "pavement overlay between Station 117+00 and Station 98+00" and to substitute the words "implementation of the Asphalt Rubber Hot Mix rehabilitation strategy from Station 98+00 to Station 117+05 (less the $25,846.84 credit) and from Station 118+55 to .. Station 131+13," 6. Exhibit "A" is deleated and Exhibit A- 1 substituted in its place. 7. The Agreement is amended to add Exhibit C attached hereto and incolporated herein. 8. All other terms and conditions not modified by this First Amendment to the Agreement shall remain in full force and effect. NEXT PAGE IS SIGNATURE PAGE , .) 9-? SIGNATURE PAGE TO FIRST AMENDMENT TO AGREEME!\T BETWEEN CITY OF CHULA VISTA AND THE OT A Y WATER DISTRICT REGARDING COST SHARING FOR A PAVING PROJECT ON OT A Y LAKES ROAD AND APPROPRIATING FUNDS THEREOF IT WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: DATED. CITY OF CHULA VISTA By. Shirley Horton, Mayor Attest: OT A Y WATER DISTRICT 131. I ,.../ Susan Bigelow City Clerk Title: Approved as to form: Date: t- f-f1 , John M. Kaheny City Attorney DATED. H'\HOME\ENOINEER\OT A Y AMD2.RS 4 9~~ 1 ~ NOT TO SCALE ~ ~ ~ -J' EAST OH" EXHIBIT "A-1" E,nibl-o.dwg 7-7-99 ORA WN 8Y' :ESAR V MAGBUHAT OA TE SHErr 5 -29- 99 or 9.' 55. 04 am ES T TITLE. CITY OF CHULA VlST A OTAY LAKES ROAD 9--'7 PROJECT FILE iSTM-JJ9 PREPARED 8Y' SHTS APPROVED 8Y' JIM R. HOLMES WfST BOUND LANeS ReMO VE 4t RePLACe 2 1/2" AC reXISnNG 4"AC PAVEMeNT --- L 70"% BASt i -----' 1 ~ 8 a ... .... - 8 ~ ... :: NO T TO SCALE PA VEMENT REHAB/LlTA nON AREA ~ '" \0 ~ - ~ ~(n:cr-c awg 7_'_.}<;' "e" :oqr;vfCT FILE l5TM-JJ9 i =:;:-;;AF~-' ~ y 1 - ...-,;) I - ..:. )I" :; ~ i - :~:~,;-' I i -,-_ ,: --.~;.-::5o -;'U: CITY OF CHULA V1STA aT A Y LAKES ROAD 9-/0 ! :.,--CC It...- :: ". : ~IV ,::; .~:LW[S :;;_~__-A_~.O \ t'XHIB/T " II A KS COlJNCIL AGE;..1)A STATE.\1E!\"T Item Meeting Date J? 1119/99 ITE.1\1 TITLE: Resolution 1'7 J Y S Approving agreement between the City of Chula Vista and the Otay Water District regarding coSt sharing for a paving project on Otay Lakes Road and appropriating funds therefor SlJBMlTTED BY: Director of Public works~\),^ REv"IEWED BY: City Manage~ bcJ~\ (4/5ths Vote: Yes X No.J Tne Oray Water District is proposing to install a 16 inch diameter recycled water main along Oray Lakes Road from Eastlake Park-way to Medical Cemer Drive on or before March, 1999 Toe easte:-Iy 1.900 linear feet of this project will be located on a portion of O:ay Lakes Road that needs mamte:l3.Dce and is targeted ror all /2 in:h thick asphalt con:rete ove:-l2Y in FY 99-00 (see locator map) ?eaiizing that both projects involve the same ponions of Otay Lakes Road and wishing to coordinate the work while rnin;m;7:ing the impact to the area residents, s:aff has prepared an agreement with Oray VI'ater District (Otay) staff that achieves these goals Sl1!i. saves revenues for both agencies. Under this agreement, Otay will prepare the pl2llS and the specifications (with input from City staff). bid the project (which will consist of both the recycled water line and the roadway resurfacing) and inspect the installation of the water line. Tne City will pay for its sha:-e of ,,':Ie contract work and provide inspection for the uench repair and the roadway reslli""facing work. RECO!Y[\1E;..1)ATION: That Council approve resolution approving the agreement to panicipate in the Otay Lakes Road resurfacing ponion of the Otay Water District's recycled water line installation project and appropriating $130,000 from the unappropriated balance of the Gas Tax Fund. BOARDS/COMMISSIONS RECOMME!'\1)ATION: Not applicable. DISCCSSlCl!'\': T:le Otay Water District proposes to install 2.2 miles of recycled water mains along Telegraph CanYon Road! OtaV Lakes Road from Medical Center Drive to Eastlake Park-",.av in 1999 The . . . easterly 1 ,900 linear feet of this project are located on a ponion of Otay Lakes Road that needs exte:lSive re?air and is scheduled for a 1 1/2 inch thick asphalt concrete overlay in FY 99..Q0 To 111.5,-"11 the recycled water main, Otay is required to obtain a permit from the City A condition of this permit will be for Oray to grind and remove the deteriorated asphalt and re?lace it with a ne w 'Oavement strUcrural section that would add 1 1/2 inches of 2Sphalt over L.ie en:i:: trench VI"ioi.;'1 ; which \'aries from 12 feet to 15 feet depending on the locatio~ of ,,':Ie uench). The cost to Otz:. fo:- ~esurfacing the trench on their own is es!imated to be about 548, iOO. ~ 9-/1 Page 2, Item _ Meeting Date J'J 9'99 Ouy's schedule is to install the easterly segment of their project by March of 1999 This schedul e is ahead of the City's plan to overlay the same se::tion of the roadway in FY 9~':()o, as part of the annual pavement overlay program. This ponion of Otay Lakes Road was built when then it was under the County of San Diego's jurisdiction and was not designed to accommodate the traffic index required by the planned land use for this area of the City. As a result, this roadway needs immediate anention now. City staff estimates the repair cOSt to total about $ 138,600. if done independently of the Otay project. Tne installation of Ouy's recycled water main creates an ideal situation for the limited resources available to both agencies to be maximized. To this effect, staff has worked with Otay staff to coordinate both projects while minimizing the impact to the area residents. Tne propos;:d alITeement will divide the resnonsibilities and provides for a cost sharin!! arran!!emem. Orav will - .... . - - .. prepare the plans and specification, with Ciry's input, bid and administer the conrract. Tne City \;'iIJ pay for its proportional share of the resurfacing cOSts estimated to be about S 125 700 Ii.nciuding 10% contingencies I Both agencies will share on' me COSt saving achieved by economy or scale (expected to be obtained by bidding a larger project) and inspect their respective L.-nprovemenr.s Entering intO this agreement. however, will require !.be City Council to appropriate 5130,000 from me unappropriated balance or me Gas Tax :'und to cover me City's share or til~ project's cosr ( $125,700 for constrUction and $4,300 for S"'..aIT costs). Tnis amount would have been included in tile proposed FY99-00 Capital Improvement Program (CIP) budget. Tnerefor::, in reality, the proposed action is to accelerate the resurfacing of this portion of Otay lakes Road in order to coordinate both projects, sl!are in the savings obtained by economy of scale (estimated to be about S48,500 and to be split equally) and to tn;n;rnin the impact to the area reside:lts associated with constrUction activities. FISCAL L\1PACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount !3 ConsL1Llction Contingencies (10 %) i. C Starr Costs (Design, Const.i"tlction & inspection) !, I' TOT "'.L Fl-~DS REQUIRED FOR CO:\'5TRUCTJO!\ 5114,300.00 11,40000 4.300 00 5130 000 00 The above adon awarding of the contract will authorize a total expendirure of 5130.000 00 from the unencumbered balance of the Gas Tax Fund. After cons,,:"tlction, only rourine City maintenance will be required. ..:... -r..a:::mu::1t: A .. Lo~lOr::ap :i: HO!'o.IE..E:-.:GISEEi=::....CiESOA. .Oi ^".RS ~ 9-/2 f -5:::>S7aes2e = ::N:;lr-E~jN5 D=.-P, ~3 ?~/~7 J",::r" :.2 . 93 :5; 17 t."'T""'!"L..CHM:N: A IIlI I - )-I/Z AC OV::2L.A'r _. 20AD OTAY WATER DISTRICT 16-I<ECLAIMED WATE32 MAINS EX~18IT C.lF. NO. 071 A CJ,PHQ. 071 w.c. JICU eM 7'C IIf"ST 80UND LANeS REMOVE: 41 REPLACE 2 1/2' AC EX/SnNG 4'AC PA VE:MENT ------ L 1~-'-; 8A-; -- 1 ~ PA VEMENT REHAB/LIT A nON i AREA 8 ill ;t; ::: NOT TO SCALE PA VEMENT REHAB/LlTA nON AREA 8 g ~ ~ If) '~ \ "6" Exhibt-c.dwg 7-1-99 ORA WN 8~' CESAR V. MAG8UHA T A. H T 6-29-99 OF SHTS. CITY OF CHULA VISTA OTAY LAKES ROAD 7//( PROJECT FILE #STM-JJ9 PREPARED BY' A Y: JIM R HOLMES COUNCIL AGENDA STATEMENT Item / tJ Meeting Date 8/17/99 ITEM TITLE: Resolution Amending the Levy of the Special Tax for Fiscal Year 1999-2000 for Community Facilities District 97-3 SUBMITTED BY: Director of Public Works REVIEWED BY: City Manag~ ~; ___ (4/5ths Vote: Yes_No..x) The Fiscal Year 1999-2000 maximum and acU billing rates for Community Facilities District (CFD) 97-3 were originally adopted by resolution on August 3, 1999 The billing rates were calculated based on the number of parcels within the District. Since a number of parcels located outside the District were inadvertently included in this calculation, the amount to be levied must be amended in order to provide sufficient revenue to pay bondholders of this District. RECOMMENDATION: That Council amend the levy of the Special Tax for Fiscal Year 1999- 2000 for CFD 97-3. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On August 3, 1999 the City Council approved Resolution 19559, which authorized the levy of the Special Taxes for Fiscal Year 1999-2000 for CFDs 97-1, 97-2, 97-3, 98-1 and 98-3 (Attachment A). This resolution adopted both the maximum rate and the actual billing rate which would be levied to properties within each district during Fiscal Year 1999-2000. The billing rates were calculated based on the Fiscal Year 1999-2000 budgets and the number/ area of parcels in each billing category. The budget for CFD 97-3 was calculated to be $881,188.02 based on bond repayment costs of $862,431.82 and administrative costs of $18,756.20. The City's consultant erroneously included additional parcels from the Otay Ranch area outside the McMillin development in their computations and therefore derived a rate for undeveloped parcels which would be insufficient to cover the bond repayment costs. The parcel list has been revised to include only those parcels within Otay Ranch McMillin SPA One which are also within the District boundaries. The revised rate table for CFD 97-3 is shown below. Note that the maximum rates for each billing category have not changed. In order to meet the County Assessor's August 10 deadline, the assessment roll with the revised rates has been submitted to the County pending Council approval. //J~/ Page 2, Item_ Meeting Date 8/17/99 Note that the CFD has tax rates for several categories of developed parcels (those parcels that have received building permits). Those rates willno.t change under this resolution. There is a separate rate for undeveloped property, which is owned by the developer or builder. This rate will need to be revised each year to generate enough revenue to service the debt payment. The undeveloped rate will increase by adoption of this resolution. CFD 97-3 Otay Ranch McMillin Bond Issue Category Maximum FY 1999-00 Actual Estimated Revenue Residential $0.392/SF $0.392/SF $41,275.64 Commercial $4000/ Acre N/A 0 Community Purpose $1ooo/Acre N/A 0 Facility Undeveloped $7954/ Acre $4356.83/ Acre $839,909.96 Property Owner $7954/ Acre N/A 0 Association Land The total revenue calculated of $881,185.60 is $2.42 less than the required revenue due to the requirement to round down to the nearest even number. This difference is insignificant and can be covered by the administrative cost allotment. FISCAL IMPACT: Passage of this resolution will have a positive fiscal impact on the City, since it will allow the bondholders for CFD 97-3 to receive their annual payment in full and on schedule. It will, however, result in an increase in the levy from $888.39 per acre to $4355.28 per acre to owners of undeveloped property. This rate is still well below the maximum undeveloped land levy of $7954 per acre. Attachments: A. Resolution 19559 and Council Agenda Statement M:IHOMEIENGINEERIAGENDAICFDAMEND.EMC FILE: 0725-[()'CFDOO /~ c:2 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING LEVY OF THE SPECIAL TAX FOR FISCAL YEAR 1999-2000 FOR COMMUNITY FACILITIES DISTRICT NO. 97-3 WHEREAS, the city Council did, by the adoption of Resolution No. 19559, le~y special taxes for Fiscal Year 1999-2000 in Community Facilities District No. 97-3 (the "District"); and WHEREAS, it has been recommended by the city staff and Special Districts Financing and Administration, as the special tax administration consultant to the City, that the levy of special taxes on undeveloped property as previously approved be amended as described herein because a number of parcels located outside the District were inadvertently included in the previously approved calculations. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby resolve as follows: SECTION 1 The City Council, acting as the legislative body of the District, does hereby amend the levy of special taxes on undeveloped property for Fiscal Year 1999-2000 from $888.39 per acre to $4,355.28 per acre. SECTION 2. Resolution No. 19559 is hereby amended to reflect the amendment to the levy of the special tax set forth in Section 1 above and the City Clerk is hereby directed to amend Resolution No. 19559 to reflect said change. Presented by Approved as to form by ~~~ John M. Kaheny, City Attorney John P. Lippitt, Director of Public Works H:\home\attorney\reSO\19559.amd / c::J :1 /lT7?fe#he~ rt ~-'ir""""r RESOLUTION NO. /Cf!;;7:;J ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE ASSESSMENTS FOR FISCAL YEAR 1999-2000 FOR COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1 AND 98-3 WHEREAS, during Fiscal Year 1998-99, the following Community Facilities Districts were formed in the Otay Ranch and Sunbow II areas and the ordinances which initially authorized the levy of Special Taxes are cited: 1. CFD 97-1: Open Space Maintenance District (Otay Ranch - SPA One, Villages 1 & 5) - Levy of Special Tax authorized by Ordinance 2755 on October 13, 1998. 2. CFD 97-2: Preserve Maintenance District (Otay Ranch) - Levy of Special Tax authorized by Ordinance 2756 on October 13, 1998. 3. CFD 97-3: Bond Issue for Acquisition of Public Facilities (Otay Ranch McMillan SPA One) - Levy of Special Tax authorized by Ordinance 2768 on January 5, 1999. 4 CFD 98-1: Interim Open Space Maintenance District (Otay Project, LLC-OVP, Villages 1 West, 2, 2 West, 6, 7 & Planning Area 12) - Levy of Special Tax authorized by Ordinance 2757 on October 13, 1998 5. CFD 98-2: Interim Open Space Maintenance District (McMillan - D.A. America, Otay - SPA Two, villages 6& 7) - Levy of Special Tax authorized by Ordinance 2758 on October 13, 1998. 6. CFD 98-3: Open Space Maintenance District No. 35 (Sunbow II) - Levy of Special Tax authorized by Ordinance - Special Tax levied by Ordinance 2745 on September 8, 1998. WHEREAS, property owners must be assessed during Fiscal Year 1999-2000 in five of these districts in order to pay for the maintenance of open space and preserve areas in CFDs 97-1, 97-2, 98-1 and 98-3; and to begin repaying bondholders in CFD 97-3; and WHEREAS, according to the Engineer's Reports for CFDs 97- 1, 97-2, 98-1 and 98-3, the maximum Special Tax Rates for each fiscal year after 1998-99 shall be increased or decreased by the lesser of the annual percentage change in the January to January san Diego Metropolitan Area All Urban Consumer Price Index (CPI) or the annual percentage change in the estimated California Fourth Quarter Per capita Personal Income as contained in the Governor's budget published in January; and 1 JcJ/tj WHEREAS, the CPI increase is 3.6 % for the San Diego Metropolitan Area and the change in the Personal Income Index is 4.97%, therefore, the rates included in the original Engineer's Reports were increased by 3.6%. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby levy the assessments for Fiscal Year Districts 97-1, 97-2, 97-3, 98-1 and 98-3 as follows: CFD 97-1 otay Ranch Open Space Maintenance Category FY1999-00 FY1999-00 Maximum Actual Area A Residential $0.0874/SF $0.0874/SF Area A Non-Residential $1184/Acre N/A Area A Vacant $1340/Acre $210/Acre Area B Residential $0.2048/SF $0.2048/SF Area B Non-Residential $2629/,Acre N/A Area B Vacant $2973/Acre $218/Acre I CFD 97-2 otay Ranch Preserve I Category FY 1999-00 Maximum FY 1999-00 Actual Monitorinc:r: Residential $0.0051/SF $0.0051/SF Non-Residential $83.87/Acre N/A Final Map $83 87/Acre Area A: $83.87/ Acre Vacant $53.03/Acre See Combined o " M: Residential $0 0081/SF $0.0081/SF Non-Residential $133.16/Acre N/A Final Map $133.16/Acre Area A: $133.16/Acre Vacant $84 23/Acre See Combined Combined Vacant $137.28/Acre A: $80 .48/Acre B:$58.98/Acre 2 /tJ~ S- I CFD 97-3 Otay Ranch McMillan Bond Issue I Category Maximum FY J.999-00 Actual Residential $0.392/SF $0.392/SF Commercial $4000/Acre N/A Community Purpose Facility $1000/Acre N/A Undeveloped & Property $7954/Acre $888.39/Acre Owner Association Land CFD 98-J. Otay Project Interim Open Space Maintenance District Category FY J.999-00 Maximum FY J.999-00 Actual Taxable Land $107/Acre $15.56 CFD 98-3 Open Space Maintenance District No. 35 - Sunbow II Category FY J.999-00 Maximum FY J.999-00 Actual Residential $360.38/ EDU $360 38 Industrial $2809.06/ Acre N/A Commercial $3144.78/ Acre N/A Undeveloped 2153.37/Acre $195.78/Acre Presented by Approved as to form by John P. Lippitt, Director of Public Works 6} d)11 <. JOW Kahen~Attorney h \HOME\ATTORNEY\RESO\CFDLEVY 3 /?J---I COl.i'NCIL AGENDA STATEMENT Item 6 Meeting Date 8/3/99 ITEM TITLE: Resolution Levying the assessments for Fiscal Year 1999-2000 for Co=unity Facilities Districts 97-1,97-2,97-3,98-1 and 98-3 Resolution Acting as the legislative body ofCo=unity Facilities District 98-3 (Open Space Maintenance District No. 35 [Sunbow II]) _ Milking andestab1ishing certain inteIpretations regarding the ratemd method of apportionment{)f special taxes within such Co=unity Facilities District SUBMTITED BY: Director of Public Works ~ REVlEWED BY, C;'Y """'~ ~ ~ (4I5th. Vore, Y~_N.lO Six Community Facilities Districts (CFDs) were established during Fiscal Year 1998-99 in the Olay Ranch and Sunbow developments. Property owners must be assessed during Fiscal Year 1999-2000 in five of these districts in order to pay for the maintenance of open space and preserve areas in CFDs 97-1, 97-2, 98-1 and 98-3; and to begin repaying bondholders in CFD 97-3. RECOMMENDATION: That Council authorize the levy of assessments for Fiscal Year 1999- 2000 for CFDs 97-1, 97-2, 97-3, 98-1 and 98-3 and establish certain interpretations regarding the rate and method of apportionment of special taxes within CFD 98-3. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: During Fiscal Year 1998-99, the following Co=unity Facilities Districts were formed in the Olay Ranch and Sunbow IT areas. The ordinances which initially authorized the levy of Special Taxes are cited. 1 CFD 97-1: Open Space Maintenance District (Olay Ranch - SPA One, Villages 1 & 5)- Levy of Special Tax authorized by Ordinance 2755 on October 13, 1998 (Attachment A) 2. CFD 97-2: Preserve Maintenance District (Otay Ranch) - Levy of Special Tax authorized by Ordinance 2756 on October 13, 1998 (Attachment B) 3. CFD 97-3: Bond Issue for Acquisition of Public Facilities (Otay Ranch McMillin SPA One) - Levy of Special Tax authorized by Ordinance 2768 on January 5,1999 (Attachment C) 4. CFD 98-1: Interim Open Space Maintenance District (Olay Project, LLC-OVP, Villages 1 West, 2, 2 West, 6, 7 & Planning Area 12) - Levy of Special Tax authorized by Ordinance 2757 on October 13, 1998 (Attachment D) ~ /tJ..-? Page 2, Item_ Meeting Date 8/3/99 5. CFD 98-2: Interim Open Space Maintenance Disnict (McMillin - D.A. .tunerica, Otay - SPA Two, Villages 6& 7) - Levy of Special Tax authorized by Ordinance 2758 on October 13, 1998 (Attachment E) 6. CFD 98-3: Open Space Maintenance District No. 35 (Sunbow ll) - Levy of Special Tax authorized by Ordinance - Special Tax levied by_Or~ce 2745 on September 8,1998 (Attachment F) - The only Co=unity Facilities District which involves a bond issue is CFD 97-3. Although the District was establishc:don November 24, 1998_anci the levy of the Special Tax authorized on n- ~uary 5,c1999; ili; issue-Ofbonds was not approved -until June-22, -1999 bi Resolution 19503 (Attachment G). A bond issue amount of $12,260,000 was authorized, out of which $10,850,000 would finance the construction of public facilities serving the McMillin Otay Ranch area and the balance of which would provide for a reserve fund and pay district formation and bond issuance costs. The Official Statement was issued the week of July 12, with the actual bond issue taking place the week of July 19. It is necessary to begin billing property owners during Fiscal Year 1999- 2000 because the :first payment of interest on the bonds is due March 1, 2000 (after revenue would begin coming in from the tax bills). Administration costs for Fiscal Year 1999-2000 are projected to be $18,756.20 and bond repayment costs are $862,431.82. Co=unity Facilities j)istricts 97-J, 98-1 and 98-2 all relate to maintenance of open space within the Otay Ranch development. CFD 97-1: which provides open space maintenance for Otay Ranch SPA One Villages One and Five, is broken down into two Special Tax Areas. Area A covers the entire district and includes maintenance of parkways, medians and regiona11rails along Telegraph Canyon Road, Otay Lakes Road, Pasco Ranchero, La Media Road and Olympic Pmkway; Telegraph and Poggi Canyon detention basins and channels; and pedestrian bridges. Area B, which excludes the McMillin development, includes maintenance of connector 1rails, slopes and perimeter walls or fences along major streets in the district. A budget has been prepared for this District (totaling $199,145 for Area A and $190,236 for Area B) which includes those areas which the City will begin maintaining during the latter half of Fiscal Year 1999-2000. Co=unity Facilities Districts 98-1 and 98-2 were set up as interim districts because the areas of Otay Ranch included are not developed and the density of development was not yet known at the time that the districts were established. They cover maintenance of portions of the parkways and medians along Telegraph Canyon Road, Paseo Ranchero and Olympic Parkway and Telegraph and Poggi Canyon detention basins and channels. Since a portion of the open space along Telegraph Canyon Road included in CFD 98-1 will be turned over to the City for maintenance during the latter half of Fiscal Year 1999-2000, the budget was set at $15,940 and billing will commence this fiscal year. None of the improvements in CFD 98-2 are eJ.."pected to be turned over to the City for at least two years, so this district will not be billed for Fiscal Year 1999-2000. Co=unity Facilities District 98-3 provides revenue for open space maintenance in the Sunbow 11 development. This includes maintenance of street medians, parkways, slopes, and drainage channels ~ /tJ/d Page 3. Item_ !\1eeting Date 8/3'911 and basins, and biological monitoring of native and revegetated open space. A total budget of S285,427 was projected for Fiscal Year 1999-2000. The Engineer's Report for CFD 98-3 requires the collection of an Extraordinary Special Tax if the Maximum Special Tax Revenue that can be collected from any developed SPA planning area is less than the special tax payable based on the original Engineer's Report as amended by the annual escalation factors. The difference between these numbers is known as the Special Tax Deficiency. This deficiency can occur for developed areas where the number of units and! or acres on the approved final map is less than the number ofunitsl acres included in the Public Facilities Financing Plan and the Engineer's Report for CFD 98-3 The Villa Serena development, which comprises Planning Area 6 in Phase I-A., has only 40 of its multiple family units in CFD 98-3. Since the number of units in the Engineer's Report is 78, there is a Special Tax Deficiency For Fisca] Year 1999-2000, the Special Tax Deficiency for Planning Area 6 is $13,]84.27. The Extraordinary Special Tax for this amount, based on the present value at 5.5 % interest over a term of 50 years, is S223,229.70. In performing the Extraordinary SpecIal Tax Calculations for this Distnct, the City staff. speCIal counsel and the special tax consultant for the District have discovered that certain provisions of the Special Tax formula require clarification. The reco=ended clarifications and interpretations of the Rate and Method of Apportionment section of the Engineer's Report are provided in Attachment H. Co=unity Facilities District 97-2 provides for maintenance and biological monitoring of the preserve created in the Otay Ranch area It is anticipated that the County of San Diego will take the lead in maintaining this area in cooperation with the City. Based on the Engineer's Report and the spreadsheet estimating the first year's monitoring costs, a maintenance budget of S33,839 and a monitoring budget of$112,580 has been included for Fiscal Year 1999-2000. The Engineer's Reports for CFDs 97-1, 97-2, 98-1 and 98-3 require the establishment ofa reserve in the funds established for each district of up to 100 percent of the total budget in order to provide revenue for the first half of the fiscal year before any income is received and to provide for cost overruns and delinquencies. The budgets for CFDs 97-1, 98-1 and 98-3 have a built-in reserve because open space areas in these districts will not be accepted for maintenance until after January 2000. A large reserve is necessary for Fiscal Year 1999-2000 because there is no money in any of the funds at this time and because most of the budgets will increase at a rate greater than the inflation rate during the next few years due to a increase in the amount of open space maintained by the District each year. According to the Engineer's Reports for CFDs 97-1, 97-2, 98-1 and 98-3, the maximum Special Tax Rates for each fiscal year after 1998-99 shall be increased or decreased by the lesser of the annual percentage change in the January to January San Diego Metropolitan Area All Urban Consumer Price Index (Cpr) or the annual percentage change in the estimated California Fourth Quarter Per #3 //J~<J Page 4, Item_ !\leeting Date 8/3/99 Capita Personal Income as contained in the Governor's budget published in January The CPI increase is 3.6 % for the San Diego Metropolitan i\rea and the change in the Personal Income Index is 4.97 %. Therefore, the rates included in the original Engineer's Reports were increased by 3.6%. The maximum and actual rates for all assessment districts are given below. Square footage (SF) refers to building floor area, while acreage refers to the total lot size. Since the rates have been rounded, actual revenue may be slightly different. CFD 97-1 Otay Ranch Open Space Maintenance Category FY1998-99 FY1999-00 FY1999-00 Estimated Maximum Maximum Actual Revenue Area A SO.0844/SF SO.0874/SF SO.0874/SF S25,296 ResIdential Area A Non- S1143/Acre S 11841 Acre N/A 0 Residential Area A Vacant S1293/Acre S1340/Acre S2 I 0/ Acre S176,798 Area B SO. I 977/SF SO.2048/SF SO.2048/SF S53,335 Residential ..<\rea B Non- S2538/Acre $2629/Acre N/A 0 Residential Area B Vacant S2870/Acre S2973/Acre S218/ Acre S139,721 ! CFD 97-2 Otay Ranch Preserve I I , Category FY 1998-99 FY 1999-00 FY 1999-00 Estimated Maximum Maximum Actual Revenue Monitorin:r: SO.0049/SF SO 00511SF SO.00511SF Area A: Residential S1476.07 Non-Residential $80.96/Acre $83.87iAcre N/A 0 Final Map S80.96/Acre $83. 87/Acre Area A. $83.87/ '.<\reaA. Acre S9] 12.32 Vacant S51.21/Acre S53.05/Acre See Combined See Combined O&M: SO.0078/SF SO 0081/SF SO.OO81/SF Area A. Residential 52344.34 ?A //)---/0 / / Page 5. Item_ Meeting Date 8!:V99 I CFD 97-2 Otay Ranch Preserve I Non-Residential $128.53/Acre $133.16/Acre N/A 0 Final Map $128.53/Acre $133.16/Acre Area A: Area A. $133.16/Acre $14,467.59 Vacant $81.30IAcre $84.23/Acre See Combined See Combined Combined $132.51 I Acre $137.28/Acre A:$102.17/Acre A:$73,201.74 Vacant B:$58.76/Acre B:$120,498.54 CFD 97-3 Otay Ranch McMillin Bond Issue Category Maximum FY 1999-00 Actual Estimated Revenue Residential $0.392/SF $0.392/SF $148,726 Commercial $4000/Acre N/A I 0 Community Purpose $10001 Acre N/A 0 Facility . Undeveloped $7954/Acre $888.39/Acre $734,464 Property Owner $7954/Acre N/A 0 Association Land I CFD 98-1 Otay Project Interim Open Space Maintenance District I Category FY 1998-99 FY 1999-00 FY 1999-00 Estimated Maximum Maximum Actual Revenue Taxable Land $103/Acre $107/Acre $15.56 $20,340 CFD 98-3 Open Space Maintenance District No. 35 - Sunbow II Cateo-orv FY 1998-99 FY 1999-00 FY 1999-00 Estimated " - Mal..imum Maximum Actual Revenue Residential $347.861 EDU $360.381 EDU S360.38 S205,970.70 Industrial $2711.451 Acre $2809 061 Acre N/A 0 Commercial $3035.501 Acre $3144.781 Acre N/A 0 \._~ j?Jr// ~J Page 6. Item_ Meeting Date 813/99 CFD 98-3 Open Space Maintenance District 1';0. 35 - Sunbow II Undeveloped S2078.54/ Acre S2153.37/Acre S195.78/Acre S83,78400 Undeveloped- N/A S521.63/Acre S521.63/Acre S223,229.70 Extraordinary Special Tax Note that a single family dwelling is equivalent to one EDU. Costs are spread to multiple family units on the basis of 0.8 EDUs per unit for street medians and par1:ways and 1.0 EDUs per unit for all other facilities in the CFD The special taxes which will be applicable to I)'Pical single family dwelling units are shown in Attachment I for Otay Ranch Village 1 and 5, Otay Ranch McMillin and Sunbow n. Special taxes and assessments other than the five Community Facilities Districts discussed herein are not included. The final Special Tax Levy Reports w:ill include a list of all parcel numbers and charges applicable to each parcel. Since the valid parcel numbers cannot be known for certain until after the assessment tape has been submitted to the County for inclusion on the County tax roll, the final reports will be prepared in August using the rates established in the draft reports. Copies of the draft reports are available for review at the office of the City Engineer. FISCAL IMPACT: Budgeted expenditures total approximately S855,913 for all CFDs for Fiscal Year 1999-2000. excluding reserves. The bond repayment for CFD 97-3 will be S862,431.82. The projected revenues will be sufficient to cover this amount. The general fund will be reimbursed up to a maximum ofS120,736 for City staff services performed during Fiscal Year 1999-2000. Attachments: A. Ordinance 2755 levying Special Tax for CFD 97-1 B. Ordinance 2756 levying Special Tax for CFD 97-2 C. Ordinance 2768 levying Special Tax for CFD 97-3 D Ordinance 2757 levying Special Tax for CFD 98-1 E. Ordinance 2758 levying Special Tax for crn 98-2 F. Ordinance 2745 levying Special Tax for CFD 98-3 G. Resolution 19503 authorizing bond issue for CFD 97-3 H. Interpretations of Rate and Method of Apportionment of Special Taxes 1. Table on typical single family home charges H:\HOMEIENGm-eERiAGENDAICFDLEVY4.EMC FILE 0725-] (.CFDOO (7< ~(~ 10//c7.. COUNCIL AGENDA STATEMENT Item: / / Meeting Date: 08/17/99 ITEM TITLE: PUBLIC HEARING: PCS 98-06; Consideration of a Tentative Subdivision Map for Village One West ofOtay Ranch Sectional Planning Area One Plan, Chula Vista Tract 98-06. - Applicant: The Otay Ranch Company. RESOLUTION Approving a Tentative Subdivision Map for Village One West of the Otay Ranch Sectional Planning Area One Plan, Chula Vista Tract 98-06, and making the necessary findings SUBMITTED BY: Director of Planning and BUildin~L REVIEWED BY: City Manager C, V D/ f" The Otay Ranch Company has applied to subdivide Village One West of the Otay Ranch Sectional Planning Area One Plan (SPA One) into 774 lots on 275 acres. The application proposes 684 single- family residential lots, a 6-acre neighborhood park, a 10-acre elementary school site, right-of-way reservation for the future Metropolitan Transit Development Broad (MTDB) Light Rail Transit (L TR) System, and open space lots. Also included in the application is an "Alternative Map" that includes properties know as "Out-Parcels" and subdivides approximately 294 acres into a total of 90 I lots. (4/5ths Vote: Yes_No X) The Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the Otay Ranch General Development Plan (GDP) Program EIR 90- 01, SPA One Plan, EIR 95-01, subsequent amended SPA One Plan EIR-97-03 and other related environmental documents, and that the subdivision project would not result in any new environmental effects that were not previously identified, nor would the proposed subdivision result in a substantial increase in severity in any environmental impacts previously identified. RECOMMENDATION: That the City Council adopt the attached resolution approving Tentative Subdivision Map (pCS-98- 06). BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a public hearing regarding the proposed tentative map on August 11, 1999 and voted 5 to 0 to approve the resolution recommending approval of the Tentative Map. After a lengthy discussion, the Commission also voted unanimously to express concern to the City Council regarding the adequacy of the current traffic threshold standards for the City. /1-' ) Page 2, Item No.._ Meeting Date: 8/17/99 BACKGROUND: 1. Site Characteristics Village One West is the western-most development area in Otay Ranch SPA One, and is characterized by rolling hills with canyons and undulating edge conditions. The Village One West area has several canyons and slopes that contain native habitat located in a portion of Poggi Canyon on the southern boundary of the project. As part of the recent Otay Ranch GDP and SPA One amendments approved by the City Council in November of 1998, the resource agencies have authorized the development of this area by the applicant in exchange for preserving habitat in Villages 13 and 15 of Otay Ranch. This portion of Village One is located west of Paseo Ranchero, south of Telegraph Canyon Road, north of the extension of Olympic Parkway and east of the existing Sunbow Planned Community East Palomar Street will be extended through Village One West, and will counect Village One and the Sunbow Planned Community. Pasco Ranchero will provide the main counection to Telegraph Canyon Road to the north, and the future construction of Olympic Parkway to the south. In addition, the proposed future extension of the light rail transit system will eventually travel through the northern section of Village One West from Telegraph Canyon Road southeast to connect into East Palomar Street and travel along the center median. 2. General Plan, Zoning and Land Use General Plan General Plan and Otay Ranch GDP policies require the Village One West project area to be compatible with the adjacent Sunbow Planned Community as a "transition area" between Sunbow and the rest of Otay Ranch SPA One. The General Plan identifies Village One West as a Low- Medium Residential land use with densities ranging from three to six dwelling units per acre. The Otay Ranch GDP was originally approved with densities in Village One West of 299 dwelling units at three units per acre, and 144 dwelling units at 4.5 per acre, for a total of 443 units. Last year, the Otay Ranch GDP and SPA One Plan were amended to add Village One West to SPA One and reflect the authorization for the applicant to develop natural habitat along Poggi Canyon while preserving additional land area in Villages 13 and 15. This resulted in expanding the overall development area in Village One West, and increasing the densities for the project. (The GDP designation for the Village One West area was amended to expand the Low-Medium development area from approximately 154 acres to approximately 296 acres with a density of up to 4.0 dwelling units per acre. A maximum of 845 units was approved for Village One West in the GDP and SPA amendments. ) /1~c2 Page 3, Item No.._ Meeting Date: 8/17/99 The Rancho del Rey Planned Community containing single-family residential, an elementary school, a middle school, and Voyager Park is located to the north of Village One West. Village One of the Otay Ranch is located to the east and has similar General Plan and GDP designations as Village One West, although, Village One West is not an "urban village" and will not contain a "village core". Village Two West is located to the south, and also has similar designations, except that a portion of Village Two West is located within the Otay Landfill buffer and is designated Industrial. The Sunbow Master Planned Community is located to the west of Village One West and is designated for single-family homes on 5,000 and 6,000 square-foot lots. Zoninf! The Otay Ranch area, within the City, is zoned Planned Community (PC) as are the other master planned communities such as Sunbow and Rancho del Rey Land development regulations are contained in the Planned Community District Regulations within each master planned community SPA plan. Unlike most villages in Otay Ranch, Village One West was not designed as an "urban village" (containing mixed uses and a village core); it is instead required to be compatible with the adjacent single-family designation in the Sunbow development. The Otay Ranch SPA One Plan requires the land area in Village One West to be comprehensively planned. Three separate "Out-parcels" owned by individuals other than the applicant were included in the recently approved SPA One amendment. The SPA One Plan Zoning Districts for Village One West include Single-Family Three (SF3), Single-Family Four (SF4), Open Space and Parks. Neighborhoods R-50, R-5lA, R-52A, R-58, R-59 and R-60 are zoned SF3 allowing single-family lots averaging 5,000 to 8,000 square feet; and Neighborhoods R-49A, R-55, R-56, and R-57 are zoned SF4 allowing single-family attached and detached lots averaging 3,000 to 4,900 square feet. The area adjacent to Village One West in Sunbow is planned for the development of an elementary school and single-family homes. To the north, Rancho del Rey contains single-family residential, an elementary school, a middle school, and a neighborhood park site. Currently, development regulations have not been proposed for Vi1lage Two and Vi1lage Two West in the Otay Ranch since a SPA Plan has yet to be prepared. Current Land Use Most of Vi1lage One West is currently a vacant undisturbed area of rolling hi1ls and native habitat. The eastern portion of the Sunbow development lies directly adjacent to Vi1lage One West and is also vacant and unimproved. To the north, Telegraph Canyon Road separates Otay Ranch from Rancho del Rey. Development in this portion of Rancho del Rey consists of single-family residential uses, an elementary school, a middle school and Voyager Park. Vi1lage Two and Vi1lage Two West, located to the south, are sti1l used for agricultural purposes. /J-- 3 Page 4, Item No.:_ Meeting Date: 8/17/99 3. Proposed Plan The Tentative Map proposes to subdivide Village One West (approximately 275 acres) into a total of 774 lots; 684 single-family lots, 90 homeowner's maintenance lots, a 6-acre neighborhood park site, 11 open space lots and a 10-acre elementary school site. The applicant proposes all of the residential lots in the project be located on private streets and accessed from four major points of entry off of East Palomar Street. Four attended Entry Cottages (guardhouses), of a similar design to those currently used in Village One, are proposed at the entrances. The neighborhood park site and elementary school site are proposed in front of an Entry Cottage on East Santa Carina, which will be a public street. The Village One West project area also contains multiple ownerships depicted as "Out-Parcels" on the Tentative Map application. Two of these out-parcels are located north of East Palomar Street: one owned by the Barnabus Foundation/Groman Family Trust (APN #641-030-09 and APN #641-030-01) at the northwest corner of the project adjacent to Telegraph Canyon Road; and one owned by Sanford Ross (APN #641-030-03) is located just north of East Palomar Street near the center of the project. In addition, a third out-parcel (APN #641-060-02 and APN #641-060-03) is located just south of East Palomar Street adjacent to the Sunbow development and is owned by Charles and Allen Gerhardt. These out-parcels were included on the amended SPA One land use plan and are planned for single-family residential and park land uses. The SPA One Plan requires a 5 I-acre neighborhood park and locates the P-13 park site on the Gerhardt brothers' out-parcel. Since the Out-parcels are not currently owned by the applicant, the Tentative Map was designed without these properties. Thus, the applicant was required by the City's Parkland Dedication Ordinance (PDO) to locate a neighborhood park on a site within the subdivision boundary. In the application, a 6-acre net useable park site has been located across East Santa Carina next to the elementary school site (S-3) to satisfy staffs' concerns and the obligation to provide park land. Staff is satisfied with the location of the park site, and believes it is consistent with the SPA One Plan. The applicant is in the process of negotiating with the owners to purchase these Out-Parcels and has included these parcels in an "Alternative Map" in their application. If they are successful in acquiring the Out Parcels, then the "Alternative Map" would become effective. Included with the Tentative Map, is an Alternative Out-Parcel Lotting and Grading Tentative Map ("Alternative Map") that subdivides the approximately 294.3 acres in the project including: the Barnabus Foundation/Groman Family Trust parcel and Sanford Ross parcel ("Out Parcels"), and the site identified as "Sunbow Proposed Lot-line Adjustment" which is discussed below The "Alternative Map" is subdivided into 776 residential, 102 common, one neighborhood park, one elementary school, and 11 open space lots for a total of90110ts. The "Alternative Map" does not include the Out Parcels owned by the Gerhardt brothers which are shown on the SPA One Plan. //- ?/ Page 5, Item No.._ Meeting Date: 8/17/99 In the event that the applicant does not secure acquisition of the two Out Parcels, the City must ensure that sufficient access remains available to both. The Barnabus Foundation/Groman Family Trust parcel lies directly adjacent to Telegraph Canyon Road and would be allowed to have public access through a driveway The Sanford Ross parcel, located just north of East Palomar Street, will maintain public access through an access easement to East Palomar Street at the southwest comer of the parcel and by an access easement located at the northeastern portion of the parcel at the end of Eagle Ridge Court. A full-street width easement through the private streets to East Palomar Street will ensure public access at this location. The "Alternative Map" also provides for an access easement for the third Out Parcel owned by the Gerhardt brothers to ensure that the Tentative Map does not bar the site's access. The Alternative Out-Parcel Lotting and Grading Tentative Map will become effective only upon the applicant providing proof of ownership of the Out Parcels and satisfying conditions of approval. Both the Tentative Map and the "Alternative Map" in the application were planned and designed in similar fashion, but some differences are evident, including the addition of residential and open space lots, and some minor differences in the circulation patterns in two of the neighborhoods. Staff will address these differences at the Planning Commission Meeting. The City Attorney's office has reviewed the Tentative Map and "Alternative Map" Conditions of Approval and believe that they meet the requirements of the Subdivision Map Act and have approved them as to form. Both "maps" in the application are designed to comply with the General Plan and Otay Ranch GDP policies for landform grading. The Otay Ranch GDP requires the project area to be a "transition area" and be compatible with the adjacent Sunbow development and the open space preserve slopes that contain habitat. As a result, although the development area in Village One West has been expanded, the slopes along Olympic Parkway and Telegraph Canyon Road are designed to respect the natural slope conditions along these scenic corridors. The slope edges have been pulled back from Telegraph Canyon Road and Olympic Parkway to create undulation along the north and south slope of Village One West to comply with the General Plan landform grading policies. This design will create habitat preservation in the canyons, and provides slope gradients of less than 2: 1 along the perimeter slopes, which will result in a superior design than in Village One. This effect maintains greater distances between ridge development and street corridors. East Palomar Street provides access to Village One West and will connect the Sunbow development and the rest of Otay Ranch SPA One. Telegraph Canyon Road, Paseo Ranchero and Olympic Parkway surround the project. The secondary entries to the project are Santa Olivia and Santa Maria on the north side of East Palomar, and West Santa Carina and East Santa Carina to the south of East Palomar Street. As previously discussed, the applicant proposes to utilize attended Entry Cottages (guard houses) at these four entrances to the project, and by City policy, streets within the residential neighborhoods will be private, except for the street adjacent to the //~~ Page 6, Item No.:_ Meeting Date: 8/17/99 neighborhood park site and elementary school. The applicant believes guarded entrances are necessary from a marketing perspective to offer a different residential setting to the marketplace. The school and park site would be accessed off East Santa Carina, which is a public street up to the Entry Cottage. The City's Executive Committee recently approved a policy decision to allow the applicant to utilize Entry Cottages for Village One West. The Executive Committee agreed with the applicant's position on guarded entrances as long as the entrances have no negative effect on public services and are attractively designed. The conditions of approval address guarded entrances requiring public access during daylight hours as required by the City Council for Village One and Five. Each of the four entries will be designed as "Secondary Village Entry Streets" as described in the SPA One Plan, utilizing wider 8-foot parkways for street trees and a 6-foot sidewalk on one side. This design encourages pedestrian-friendly movement and an inviting streetscape. The northern and southern portion of the project proposes two all-weather gated emergency access roads to the site from Telegraph Canyon Road on the north and from Olympic Parkway on the south to accommodate emergency vehicles. Pedestrian trails are proposed at the northeast portion of the project and the southeast portion to connect into the Regional Trail at two locations: the intersection of Telegraph Canyon and Paseo Ranchero and at the intersection of Paseo Ranchero and Olympic Parkway. To the north of East Palomar Street, Village One West also features a corridor to be reserved for the future use of the MTDB San Diego LRT Trolley System. The trolley extension will enter at the northwest corner of Village One West and travel southeast through an open space corridor toward the intersection of East Palomar and Paseo Ranchero. The trolley will include an at-grade crossing located near the attended entry cottage on Santa Maria. In the event that the "Alternative Map" becomes effective, the trolley would have a second at-grade crossing in the northeastern portion of the project on Santa Olivia. The trolley profile proposes to rise onto an elevated structure as it crosses over onto the East Palomar Street median traveling east into the remainder of SPA One. The following discussion addresses the individual neighborhoods in both the Tentative Map and the "Alternative Map": Tentative Mao Since the applicant has not secured control of the Out-parcels, staff required the Tentative Map be designed without them. The Tentative Map proposes 11 neighborhoods designed for varying densities of single-family residential land use. Neighborhoods R-49A, R-50, R-51A, R-52A, and R-53 are proposed north of East Palomar Street. Neighborhoods R-55, R-56, R-57, R-58, R-59 and R-60 are proposed for south of East Palomar Street. The neighborhoods north of East jJr? Page 7, Item No.._ Meeting Date: 8/17/99 Palomar Street are designed around the Out-parcel land areas under separate ownership. The Tentative Map proposes the following densities in each residential neighborhood. TENTATIVE MAP Neil!hborhood Land Use Total Area DUs An. Lot Size Densitv NORTH OF EAST PALOMAR STREET R-49A SF 14 8 ac. 87 5,460 5.8 DUs/ac R-50 SF 20.2 ac. 83 8,660 4.1 DUs/ac R-5lA SF 16.6 ac. 62 9,043 3.7 DUs/ac R-52A SF 154 ac. 55 9,686 3.6 DUs/ac R-53 SF 9.1 ac. 36 8,228 4.0 DUs/ac Subtotal 76.1 ac. 323 SOUTH OF EAST PALOMAR STREET R-55 SF 19.1 ac. 84 7,381 4.4 DUs/ac R-56 SF 134 ac. 68 6,260 5.1 DUs/ac R-57 SF 4.0 ac. 20 6,374 5.0 DUs/ac R-58 SF 21.9 ac. 71 8,926 3.2 DUs/ac R-59 SF 12.9 ac. 55 7,839 4.3 DUs/ac R-60 SF 12.2 ac. 63 6,453 5.2 DUs/ac Subtotal 83.5 ac. 361 TOTAL 159.6 ac. 684 In addition to the proposed residential neighborhoods, a 1O.2-acre school site (S-3), proposed to be located at the southwest intersection of East Palomar Street and Paseo Ranchero, is designed to accommodate an elementary school with access from East Santa Carina. The Chula Vista Elementary School District is satisfied with the access proposed for the school site. A 6-acre net public neighborhood park (park P-13) is proposed to be located south of East Palomar Street across East Santa Carina. Both of these sites on Santa Carina will have public access. "Alternative MaD" The "Alternative Map" proposes 14 neighborhoods designed for varying densities of single-family residential land use. Neighborhoods R-49A, R-49B, R-50, R-5lA, R-5lB, R-52A, R-52B and R- 53 are proposed north of East Palomar Street. Neighborhoods R-55, R-56, R-57, R-58, R-59 and //-7 Page 8, Item No.:_ Meeting Date: 8/17/99 R-60 are proposed south of East Palomar Street. The neighborhoods north of East Palomar Street are designed to incorporate the applicant's eventual purchase of the two out-parcels located north of East Palomar Street. The "Alternative Map" proposes the following densities in each residential neighborhood: ALTERNATIVE MAP Neil!hborhood Land Use Total Area DUs AV!!. Lot Size Densitv NORTH OF EAST PALOMAR STREET R-49A SF 15.1 ac. 88 5,300 5.8 DUs/ac R-49B SF 4.0ac. 27 5,240 6.8 DUs/ac R-50 SF 21.5 ac. 86 8,551 4.0 DUs/ac R-51A SF 16.9 ac. 66 9,043 3.9 DUs/ac R-5lB SF 8.1 ac. 29 8,957 3 6 DUs/ac R-52A SF 17.8 ac. 69 9,372 3.9 DUs/ac R-52B SF 1 7 ac. 8 8,944 4.7 DUs/ac R-53 SF 9.1 ac. 36 8,228 4.0 DUs/ac Subtotal 94.2 ac. 409 SOUTH OF EAST PALOMAR STREET R-55 SF 12.4 ac 57 6,032 4.6 DUs/ac R-56 SF 13.4 ac 68 6,260 5.1 DUs/ac R-57 SF 4.3 ac. 22 6,251 5 1 DUs/ac R-58 SF 28.4 ac. 102 8,903 3.6 DUs/ac R-59 SF 12.9 ac. 55 7,839 4.3 DUs/ac R-60 SF 12.2 ac. 63 6,453 5.2 DUs/ac Subtotal 83.6 ac. 367 TOTAL 177.8 ac. 776 The "Alternative Map" also proposes the 10.2-acre school site (S-3), and the 6-acre net public neighborhood park (park P-13) to be at the same location as depicted on the proposed Tentative Map. ///6 Page 9, Item No.:_ Meeting Date: 8/17/99 Analysis: The proposed Tentative Map and "Alternative Map" for Village One West implernents the approved SPA One amendment that expanded the development area in Village One West due to the habitat exchange from the project area to Village 13 and Village IS. Staff concerns have been concentrated on respecting the Otay Ranch GDP policies for Village One West including: . Designing Village One West to be compatible with the adjacent Sunbow development and acting as a transition between Sunbow and the remainder of Otay Ranch SPA One. The Otay Ranch GDP allowed Village One West to differ from the rest of Village One in design by not providing a village core with a transit station. Lot sizes in Village One West average between 5,000-9,700 square feet, which are similar to Sunbow and larger than those in Village One. . Utilizing the landform grading policies of the City's General Plan and the Otay Ranch GDP, as well as respecting the densities approved in the GDP and SPA One amendments. The General Plan designates both Telegraph Canyon Road and Olympic Parkway as "Scenic Corridors" requiring the implementation of the General Plan landform grading policies. These policies allow development on the ridgelines while requiring conservation of canyons, rounding of graded contours and slopes with a ratio ofless than 2: 1. Slopes along Telegraph Canyon Road and Olympic Parkway comply with these policies. Along Telegraph Canyon Road, the proposed slopes have been pulled back from this major road; laid back at 3:1 and the contours rounded. Along Olympic Parkway, a large section that contains Maritime succulent scrub has been left in natural condition, the landform of several canyons conserved and cul-de-sacs proposed on the ridges. Staff believes the design is superior to Village One grading and complies with the General Plan landform grading policies. . Complying with the Otay Ranch SPA One requirement to provide a 5 I-acre net useable neighborhood park site (P-13). The SPA One Plan was approved locating the park P-13 site on the Out Parcel property owned by the Gerhardt brothers. The application does not include subdividing this property, therefore, a 5 I-acre park site is required on property owned by the applicant. Both maps in the application include locating a 6-acre net useable neighborhood park adjacent to the elementary school site. The park site and //-/ Page 10, Item No.:_ Meeting Date: 8/17/99 the school site will have public access off of East Santa Carina. By providing a 6- acre park site within the subdivision, staff considers the Tentative Map and the "Alternative Map" consistent with the SPA One Plan. The applicant has indicated their intention of acquiring the Gerhardt brothers' property and processing a revised Tentative Map providing the park site and a subdivision for Neighborhood R-54B. The Planning Commission will be presented with such application when it has been submitted. . Recognizing the City of San Diego Waterline. The City of San Diego water utilities crosses the Otay Ranch connecting the water filtration plant at the Lower Otay Reservoir and their tank in Village Eight to their the rest of their system to the north. The "Otay 2nd Pipeline" is located in the project area and runs from the comer of Pas eo Ranchero and Olympic Parkway northwest through Village One West to Telegraph Canyon Road. The applicant proposes to acquire the pipeline right-of-way, relocate the waterline in Paseo Ranchero and Telegraph Canyon and subdivide the right-of-way as part of the project. The City of San Diego owns fee title to the right-of-way, which is unusual for a pipeline. Normally, pipelines are in easements. Both the applicant and staff have been in contact with the City of San Diego Water Utilities Department who is aware of the proposed tentative map on their right-of-way. The applicant and the City of San Diego are in right-of-way acquisition negotiations. Upon successful completion of the conditions of approval concerning the waterline by the applicant, the City will approve Final Maps on the waterline right-of-way. Since the City of San Diego is aware of, and has not objected to, the tentative map application, the Chula Vista City Engineer, as authorized by the Chula Vista Subdivision Manual, has waived the tentative map signature requirement by the City of San Diego. ISSUES: Park P-13 Site Threshold Issue: Threshold for Park P-13 construction. The amended SPA One Plan approved a 5 . I-acre neighborhood park site for Park P-13 to be located at the western edge of Village One West adjacent to the future Sunbow elementary school site on a portion of the Out Parcel owned by Charles and Allen Gerhardt (APN #641-060-02 and APN #641-060-03). At this time, the applicant has not acquired the Gerhardt out-parcel and, therefore, the site is not included in this application for subdivision. The applicant, though, is obligated to provide a park site as required by the Parkland Dedication Ordinance (PDO). The preferred //---/?J Page 11, Item No.:_ Meeting Date: 8/17/99 secondary location for the park site is adjacent to the future elementary school site at the east end ofthe project. On both the Tentative Map and the "Alternative Map", the applicant has proposed a 6-acre net useable neighborhood park site which would satisfY the requirements of the PDO and the concerns from staff on a park location. If the applicant is successful in acquiring the Gerhardt Out Parcel in the future, the SPA One Plan indicates that the preferred location for the park site would be located on a portion of the Gerhardt brothers Out Parcel adjacent to the Sunbow school site. In order to assure that Park P-13 is constructed and available to local residents for use, as required by the Parkland Dedication Ordinance (PDO), park construction start date needs to be established early enough to ensure the park is available for the residents of Village One West. The first assurance that the park will be constructed is the dedication of land. Condition #83 of Council Resolution, Exhibit "B" requires the applicant to grant an irrevocable offer of dedication ofP-13 at the first "A" Map. The next step in assuring the park is ready in time is to identifY when construction should start. Condition #83 also requires commencement of construction by the issuance of the building permit for the 300th dwelling unit in the Project and maintaiuing the SPA condition of2 acres of park per 1,000 residence, Staff anticipates it will take approximately six months to design the P-13 Park specific master plan, design development and construction drawings. It will take another six to nine months to construct the park. The City requires developers to maintain public parks for up to one year while the lawns are established. The parks are fenced off during this period prohibiting their use. Given the combination of estimated months to design, construct and establish Park P-13, and the conservative estimate of dwelling units potentially coming on line per month in Village One West, starting park construction by the 300th dwelling unit is considered reasonable. This schedule will allow for the planning, construction and establishment of the park prior to the build out of Village One West. This schedule is similar to the Village One and Five parks. The applicant has requested a threshold at the 400th dwelling unit but has also indicated that the SPA One standard of never being in deficit of providing parks at the 2 acre per 1,000 residences standard also applies. There are 323 units north of East Palomar Street on the Tentative Map and 409 on the Alternative Map. Delaying the start of park construction beyond the 300th dwelling unit could result in the build-out of Village One West - north East Palomar Street, without the park under the Tentative Map. Under the Alternative Map all but 9 units could be built without the start of park construction. Requiring commencement by the 300th dwelling unit means the park will be available to the residents to serve their needs. Staff believes requiring the park to be built sooner than later to ensure the park is available to the new residents of Village One West. /J~/I Page 12, Item No.._ Meeting Date: 8/17/99 Recommendation: Require dedication of Park P-13 on the "A" Map and construction ofthe park commencing by the issuance of the building permit for the 300'" dwelling unit, and completion of the park within nine months of commencement of construction. This threshold is established in Condition 83 of the Conditions of Approval which also includes the 2 acre per 1,000 residences standard. Planning Commission Recommendation: The Planning Commission voted 4 to 1 (Willet) to recommend a 400 unit threshold at their August II, 1999 meeting. Neil!hborhood Ro55 and R-58 Issue: Street and subdivision design in Neighborhoods R-55 and R-58 in Tentative Map versus "Alternative Map" design. Staff believes the subdivision lotting configuration for Neighborhoods R-55 and R-58 as depicted on the Tentative Map, provides a superior subdivision design than the "Alternative Map" (see Attachment #3). The "Alternative Map" has two long cul-de-sacs that require subdivision waivers by City Council for approval of their length (see Attachment #4). The applicant believes lots on these "Alternative Map" streets will have better views than lots on the tentative map. The Tentative Map proposes a grid street pattern with three short cul-de-sacs that provide better access and circulation to these neighborhoods. The three cul-de-sacs comply with the City standards and do not need waivers for approval. The "Alternative Map" also proposes subdivision of a portion of Sunbow's property included within their subdivision. The applicant has a land swap agreement with Sunbow to exchange slope rights for subdividing this area. On the "Alternative Map" the site identified as "Sunbow Proposed Lot-line Adjustment" adjacent to Neighborhood R-55 proposes 0.7 acres of development on Sunbow property. In exchange, the applicant has proposed 0.4 acres of slope to be constructed for Sunbow's development. Recommendation: Staff recommends approval of the Tentative Map grid street with the Sunbow area identified as "Sunbow Proposed Lot-line Adjustment" and no waivers for cul-de-sac length in these neighborhoods as indicated in Condition 153.b. Planning Commission Recommendation: The Planning Commission voted 5 to 0 to recommend the approval of the applicant's proposal for the "Alternative Map" by deleting Condition 153.b from the Conditions of Approval. The Commission agreed with the applicant that the larger view lots proposed under the Alternative Map provide better design. /J--/~ Page 13, Item No.:_ Meeting Date: 8/17/99 Neil!hborhood R-50 and R-52A Issue: Future light rail noise impacts to single-family homes. The acoustical analysis for the light rail line indicates that four homes in these two neighborhoods will need mechanical ventilation in order to meet the SPA noise standards when the trolley is constructed (see Attachment #5). Ultimately, when trolley service is established, these four homes will not be able to have open windows and meet the noise standards. While notices and waivers by the buyers of these homes could be required, staff believes these lots should not be approved and avoid future noise impacts altogether. Recommendation: Staff recommends that Lots #36 and #43 in Neighborhood R-50, Lot #8 in Neighborhood 5lA and Lot #45 in Neighborhood 52A be deleted from the "Alternative Map" and the lot area be included in Open Space Lots #29 and #30 as proposed in Condition l53.e (see Attachment #5). Planning Commission Recommendation: The Planning Commission voted 4 to 1 (Thomas) to approve staffs recommendation to delete the trolley noise impacted lots from the Alternative Map CONCLUSION: Staff believes that both the Tentative Map and the "Alternative Map", with the conditions of approval, are consistent with the approved Otay Ranch SPA One Plan and the Otay Ranch GDP policies and recommends approval of the Tentative Map and the "Alternative Map" subject to the Conditions of Approval (see Council Resolution, Exhibit 'B') FISCAL ANALYSIS: This application is covered by the applicant's processing agreement and deposit accounts. Attachments 1. Locator Map 2. Tentative Subdivision Map (C.V T 98-06) 3. Neighborhoods R-55 and R-58 (Tentative Map) 4. Neighborhoods R-55 and R-58 ("Alternative Map") 5. "Alternative Map" lotting @MIDB Trolley cortidor (Neighborhoods R-50 and R-52A) 6. Disclosure Statement 7 Planning Commission Resolution II-I;? RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF THE OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN, CHULA VISTA TRACT 98-06, AND MAKING THE NECESSARY FINDINGS I. RECITALS 1 Project Site WHEREAS, the property which is the subject matter ofthis resolution is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 98- 06 and is commonly known as Village One West ("Property"); and 2. Project; Application for Discretionary Approval WHEREAS, The Otay Ranch Company ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Tentative Map, Chula Vista Tract 98-06, Otay Ranch, Village One West" ("Project"), with the Planning Department ofthe City ofChula Vista on June 24, 1999; and WHEREAS, the Project requested the approval for the subdivision of approximately 275 acres located west of Pas eo Ranchero, north ofthe proposed extension of Olympic Parkway, south of Telegraph Canyon Road, and east of the Sunbow Planned Community into 684 residential, 90 common, one neighborhood park, one elementary school, and 11 open space lots for a total of774 lots; and WHEREAS, the Project includes an Alternative Out Parcel Lotting and Grading Tentative Map ("Alternative Map") that subdivides approximately 294.3 acres located west of Pas eo Ranchero, north of the proposed extension of Olympic Parkway, south of Telegraph Canyon Road, and east of the Sunbow Planned Community into 799 residential, 102 common, one neighborhood park, one elementary school, and 11 open space lots for a total of901lots, including in addition to the Tentative Map, APN #641-030-09, APN #641-030-01, APN #641- 030-03, and the site identified as "Sunbow Proposed Lot-line Adjustment" ("Out- Parcels"). The Alternative Out Parcel Lotting and Grading Tentative Map will become effective only upon the applicant meeting all of the conditions hereby attached as Exhibit "B" including Condition of Approval #153; and //~/f 3 Prior Discretionary Approvals WHEREAS, the development of the Property has been the subject matter ofthe Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01"); and WHEREAS, the development of the Property has been the subject matter ofOtay Ranch Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4,1996 by Resolution No. 18286 ("SPA One Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01"), and the subsequent Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("FEIR 97-03"); and WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97- 11, and said amendment was adopted by the City Council on February 16, 1999 by Resolution No. 19375, and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, subsequent FEIR 97-03, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations; and WHEREAS, the City Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the Otay Ranch SPA One Plan and the related environmental documents and that the Proj ect would not result in any new environmental effects that were not previously identified, nor would the proposed Proj ect result in a substantial increase in severity in any environmental effects previously identified, and WHEREAS, the Planning Commission held an advertised public hearing on the Project on August 11, 1999 at which time the Planning Commission voted to recommend that the City Council approve the Project in accordance with staff's recommendation and the findings and conditions listed below; and WHEREAS, the City Council set the time and place for a hearing on the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and )/-/~ WHEREAS, a hearing was held at the time and place as advertised on Augnst 17, 1999 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, THE CITY COUNCIL finds, determines, and resolves as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on August 11, 1999, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-01, Second-Tier FEIR 95-01, subsequent Second-Tier FEIR 97-03, would have no new effects that were not examined in the preceding Program EIR 90-01, Second-Tier FEIR 95-01, and subsequent Second-Tier FEIR 97-03 [Guideline 15168 (c)(2)]; and IV. CEQA FINDING REGARDING PROJECT WITHIN SCOPE OF PRIOR PROGRAM EIR The City Council hereby finds that: (1) there were no changes in the Project from the Program EIR and the FEIR's which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FEIR's, and an Addendum has been prepared [Guideline 15168 (c)(2) and 15162 (a)]. V. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND ALTERNATIVES The City Council does hereby readopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP approval (90-01) and SPA One Plan approval (95-01), and subsequent SPA One Plan approval (97-03). VI. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the GDP EIR (90-01), the /1- It original SPA One Plan EIR (95-01) and the Final EIR, and the subsequent SPA One Plan EIR (97-03) with first addendum adequately describes and analyzes this project for the purposes ofCEQA [Guideline 15168 (e)]. Notice on the SPA EIR was given on October 28, 1998. VII. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that Tentative Subdivision Map as conditioned herein for The Otay Ranch Company, Chula Vista Tract 98-06, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area One Plan as amended, based on the following: I Land Use The Project is in a planned community that provides single-family residential uses, parkland uses, school uses, and open space. The Project is also consistent with General Plan, Otay Ranch GDP, and Otay Ranch SPA One Plan policies related to grading and landforms. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part ofthe project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Otay Ranch SPA One Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch SPA One Plan standards. 3 Housing An affordable housing agreement between the City and The Otay Ranch Company (Master Developer) has been executed and is applicable to subject Project providing for low and moderate income households. 4 Parks. Recreation and Open Space Parks, recreation and open space will be conditioned under "A" Map conditions to dedicate a 5 I net acre minimum park site. Construction of Park and open space and progranunable recreation facilities are the responsibility of the Applicant. 5 Conservation The Program EIR and FEIR's addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase 11-) ? Two Resource Management Plan requires conveyance of 1 18 acres of land to the Otay Ranch Preserve for every one acre of developed land prior to approval of any Final Map. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity ofthe Project according to the Otay Ranch SPA One Geotechnical Reconnaissance Report. 7 Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9 ~ The Project may include noise attenuation walls under review in an acoustic study currently being prepared for the Project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Telegraph Canyon Road and Olympic Parkway (formerly Orange Avenue) the only General Plan, GDP/SRP scenic highways adjacent to the Project. 11 Bicycle Routes The Project is required to provide on-site bicycle routes on East Palomar Street, Paseo Ranchero, and Olympic Parkway as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP 12. Public Buildings Public buildings are not proposed on the Project site as part of the //-/f! community purpose facility locations. The Project is subject to appropriate residential fees prior to issuance of building permits. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the followingreasons: A. THE PROPOSED TENTATIVE SUBDIVISION MAP (C.V T 98-06) IS CONSISTENT WITH THE OTAY RANCH GDP/SRP, AND OTAY RANCH SPA ONE AMENDMENTS, AND IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Village One West Tentative Map implements the recently approved Otay Ranch Sectional Planning Area (SPA) Plan Amendment, and reflects the land uses, circulation system, open space and recreational uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED TENTATIVE SUBDIVISION MAP (C.V T 98-06) WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The proposed Tentative Subdivision Map (C.V T 98-06) implements the SPA One Plan amendment and Public Facilities Financing Plan containing provisions and requirements to ensure the orderly, phased development of the project. C THE PROPOSED TENTATIVE SUBDIVISION MAP (C.V T 98-06) IMPLEMENTATION WILL NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and within the Otay Ranch SPA One. A comprehensive street network serves the Project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Environmental Impact Report(s). IX. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. //'-/7 X. APPROVAL OF TENTATIVE SUBDIVISION MAP The City Council does hereby approve the Project subject to the conditions set forth in Section VII and Section IX listed above and based upon the findings and determinations on the record for this Project. XI. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City ofChula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. This document along with any documents submitted to the decision-makers shall comprise the record of proceedings for any CEQA claims. XII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XIII. INV ALInITY; AUTOMATIC REVOCATION It is the intention ofthe City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by' Approved as to form by' ~~ John aheny City Attorney Robert A. Leiter Director of Planning and Building / j- cJtJ SUNBOW --\ ~ OTAYRANCH VILLAGE TWO WEST C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR ~~ciik: OTAY RANCH LLC PROJECT DESc:RIPT1ON: C) TENTATIVE SUBDIVISION MAP PROJECT Otay Ranch Request Proposal for 8&4 single family lots, 102 maintenance ADDRESS: Village One West lots, 11 open space lots, and 1 school lot. SCALE: FILE NUMBER: / /- :2 / Attachment #1 NORTH No Scale PC5-98-06 h:\home\planning\carlosllocators\pcs9806.cdr 12/10/98 Tentative Map Neighborhoods R-55 and R-58 4.~ Lz :1'- '1.0 I 0: '- .... '" -- ~ :::: , ~ <D :::: .,'. '" to <: c. ~ co 1.0 I 0:/' . I '\,i ' / _It' \ \ , ' -..::.....; - - "II' -;- - "'7i'if II ;: :: 1'1 II i 1.0 - h 1 ,I II I , " 1.0 " II I I A ,- ' , '1,:'" o41-~...,.1 \ ' l , I , :'~. ~~:::"''"r 0: I', ' r ____ c::.'-'I Y.... \ \ J __- ,.., ,-;, ;0~T, //-e2;2., ___ \ ~ \ \ \ '/~ i I I Attachment #3 f !~ 'Alternative Map' Neighborhoods R-55 and R-58 !J ~ -,.:'-A~~~' /'~ ~~~"'~W~~ \ \:1<, ~.\.\~.~. ~~~ \\.~.,~2~~~~,;\ \\ ~ ~-\\~.. ......-I- '~.\\\ \ ..... ~~. ~~ '\0 \ '\:r. \.;>\' e<;, i f'.. ~ \ \ \ ~ l-.-'\. i~, ~ ... . -,...;;. - '-T- t c::l :,-" ,~l" ~ ~ ~ +\" -r-;:,i ~ t./-' v , '" ~ I Qi" ~ -=': .(~ '< \ f- _~~ ~. ~ 1': _~ >t"i I t ~ ~.(__~... @.~~ l@.. ~ >s}}l ~r>i-j &I~:f J ~ 21 ...~ - \' ? \ ...-~v- p ~ >-L ~ 1fJ..J 9 /0.4 (/// ~~ ~ ?"~/'r'" . -" ~ '!p hJ.oN.~ " , //)/ :XI ~ ~ ~~~-..-4 ." I/~ l1I" '/ /. ,.~ /j~.( ~ J /, '" ~". ~, ....-- .. "- rJ / ,. I~l ~.4 ~ ~ '@ ~ '" II' J It) @ , ~'l ;:::...~,,- . I :1J . '- It. ....p:-=-- -"'i... 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( /' l! i I ""/": \.." f @i . ~ '" ~ ;.. ~ l ~ ~ ~ -1@ ~~ ~ " ~ ~ / , [I ! Y..7 j' ". JOC~-"'; ~i "" \\~ -i__-J . L __ 1)/ l-~ ',,::,-- L I taiII / ,.., .- .. 1_7 . - - ,_ __ __ r""!!" I......... i ~ ". ~ _ ,i:1 r II ~- -!! I I ~r--y-- _.,,- '.' !:i I II :i 'I p. LOt- -~J- ! I , i, : I 51~ ii li,~ if ' .~ LO __ ,n ' . 'il:: :~iJ~~{~\\)/~).> ~ ___ ~/. 1. gO\?\ \ ::.-> ~ Attachment #4 :,-- ~...,-. S~";,.=.~_""" ---- -- --,- :R-51 TT~1; ERNA ... "_ "ALT MAP" FUTURE MTDB SAN DIEGO LRT TROLLEY CORRIDOR ttachment :# APPENDIX B Attachment #6 T'rE OTY OF 0i'Jl.A VlSTA o%SQ.OSURE STA"I"EMEl'-"T ""0" are r.:::!'lIrec 10 file a S:alem:nt of Dis::Iosure of c:naiD QWDc:ship or linan::ial UII=.... pzym=n~ or :::amp'"p: =>r.l!ibutio~. oc aU mancn wtu:: will rcqui~ liIs::rctioDa~' actio:c 01: the: pan of tile Ci~' Counci:. PlannlD& CommisslOC. &D~ 31; ollie-: olfCal bOCliC!>. The 10IJowtnt informalion must be clJs:iOS=:: 1. UsI \Dc um:s 01 all pc:soas bavizt& 3 f;mon.-i21 inl=1 in 1lIe p,ut""Y wbi::b is the 5Ubjc:: of the appli::anoD or the CJDuact, c..&-, owuc::. 3!'1'Ucm1. amua.c1OI. subamuaaor. material supplier. O~ Project L.P. o~ Ranch Devel.opment. u.c t. . South Bay Project. u.c :. If any pc::son' ideutiliCl! pUISuanl 10 (1) above is a corpo12tioD or parm=hip. list the JWIICS of all iDdividuals ownin& more than ID'Ji> of tll: sbares in 1lIe ..brporalion or ownin& any panuc:smp un=t in Ibe paru=sbip. James P. Ba1dwin Darid C. Green Alfred E. Ba1dwin Baro~d Beru Deanne Budwin .:l. If ~. person' id=ntifie:j pursuant 10 (1) above is Don-profit orpni72tion or a trUSt, list the 112m::s of any pc::son serving as diJ-..=tor of the non-profit otpDi::3tion or as m:slee or ben::fi::iary or lruslor of the tnl5L BfA 4. Have yoll bad more than S250 worth of bllSiness lI"'''''''"''''' with any member of the City sWI, Boanls. Commissions, Committ=, and CmmriI within the past 1Vo'Clve months? Ycs_ NO~ If yes. please indicate person(s}: 5. Pl= identify cad: and every person. inc:luding any agents, employ=. consultants. or iI'''7Dde:nt contr3aors who you have assigned 10 repr:s...-nt you b-..fore the City in this maner. Kent Aden Kim John Kilkennv Ranie Hunter Robert Cameron James P _ Budwin Alfred E. Budwin Chuck Cater 6. Have you and/or your officers or agents, in the aggregate, conmDuted more than $1,000 10 a Countilmember in the =t or preceding c1=ion period? Ycs_ No...!... lfyes, stale wbich Councilmember(s): . . . (N01E: AltM2MkJiOOaaJpap~~ j ~/. \ -~ Signature of CODtr.laorlapp cant Date: June 14, 1999 . ~a ti-fmal tz:: -AnyindirNiw:i.iinr_ r;p.~.joinl~ ~ X1CiDJ dad;fr=:mId -0- ......,.;~ ~t-.mon. em=. zn=.~. ~..:;~- riW mil!. <<ny or1='~; =-tv tm.d Q:I&DUI')', ~~; tiisrtia. or odic polizicll1 _.Lr~ tIT ~ 0Iitcr :rouP or ~ Pi...., oaing m llllni;.. )I/~ Dtay Project L.P., Ranie Hunter Print or type 112me of contraaorlappli::anl RESOLUTION NO. PCS-98-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION MAP FOR VILLAGE ONE WEST OF THE OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN, CHULA VISTA TRACT 98-06, WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution No. and described on Chula Vista Tract 98-06, and is commonly known as Village One West ("Property"); and WHEREAS, The Otay Ranch Company ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as "Tentative Map, Chula Vista Tract 98-06, ("Project"), with the Planning Department ofthe City of Chula Vista on June 24,1999; and WHEREAS, the application requested the approval for the subdivision of approximately 275 acres located west of Pas eo Ranchero, north of the proposed extension of Olympic Parkway, south of Telegraph Canyon Road, and east of the Sunbow Planned Community into 684 residential, 90 common, one neighborhood park, one elementary school, and II open space lots for a total of 774 lots; and WHEREAS, the Project includes an Alternative Out Parcel Lotting and Grading Tentative Map ("Alternative Map") that subdivides approximately 294.3 acres located west of Pas eo Ranchero, north of the proposed extension of Olympic Parkway, south of Telegraph Canyon Road, and east of the Sunbow Planned Community into seven-hundred ninety-nine (799) residential, one-hundred-two (102) common, one (I) park, one (1) school, and eleven (II) open space lots for a total of90110ts, including in addition to the Tentative Map, APN #641-030-09, APN #641-030-01, APN #641-030- 03, and the site identified as "Sunbow Proposed Lot-line Adjustment" ("Out-Parcels"). The Alternative Out Parcel Lotting and Grading Tentative Map will become effective only upon the applicant meeting all of the conditions hereby attached as Council Resolution, Exhibit "B" including Condition of Approval #153; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10,1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the enviromnental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Enviromnental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01"); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286, and as amended on February 16, 1999 by Resolution No. 19375, wherein /I~ J ~ Attachment 7 the City Council, in the environmental evaluation of said SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("EIR 95-01 "), and the amended Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("EIR 97-03"); and WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97-11, and said amendment was adopted by the City Council on February 16,1999 by Resolution No. 19375; and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, FEIR 97-03, and addendum thereto, that is virtually identical in all relevant respects, including lot size, lot numbers, lot configurations, transportation corridors, etc., to the project descriptions in said former environmental evaluations; and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the Otay Ranch SPA One Plan and the related environmental documents and that the Project would not result in any new environmental effects that were not previously identified, nor would the proposed Project result in a substantial increase in severity in any environmental effects previously identified; and WHEREAS, the Planning Commission set the time and place for a hrg on said Tentative Subdivision Map PCS-98-06 and notice of said hearing, together with its ptWPose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet ofthe exterior boundaries of the Project site at least ten days fior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. August 11, 1999, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of Tentative Subdivision Map PCS-98-06 is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch SPA One Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOL YED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Tentative Subdivision Map PCS-98-06 in accordance with the findings contained in the attached City Council Resolution No. And that a copy ofthis resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 11 th day of August, 1999 by the following vote, to-wit: 11-,2 / AYES. NOES. ABSENT ABSTENTIONS. John Willett, Chair ATTEST Diana Vargas, Secretary C:\PLANNINGlOT A YRNCHlTENT _MAPIVI WTM]C _ RESO.doc // -,l? RESOLlTIO!li !liO. A RESOLUTIO!" OF THE CIn COU!"CIL OF THE ern' OF CHULA VISTA APPRO\"P.oIG A TE!\lATIYE SUBDIVISION MAP FOR VILLAGE Ol'l"E "'"EST OF THE OTAY RANCH, SECTIONAL PLANNING AREA O!\"E PLAN, CHULA VIST A TR~CT 98-06, A.~ MAKING THE NECESSARY FINDINGS I. RECITALS 1 Project Site WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit U A" attached hereto and described on Chllla Vista Tract 98- 06 and is commonly known as Village One West ("Property"); and 2. Project; ApplicatIOn for Discretionary Approval WHEREAS, The Otay Ranch Company ("Applicant") filed a duly venfied application for the subdivision of the Property in the form of the tentative subdivlslOn map known as "Tentative Map, Chula Vista Tract 98-06, Otay Ranch, Village One West" ("Project"), with the Plannrng Department of the City of Chula Vista on June 24, 1999; and WHEREAS, the Project requested the approval for the subdivision of approximately 275 acres located west of Pas eo Ranchero, north of the proposed extension of Olympic Parl:way, south of Telegraph Canyon Road., and east of the Sunbow Planned Community into 684 residential, 90 common, one neighborhood park, one elementary school, and 11 open space lots for a total of 774 lots; and WHEREAS, the Project includes an Alternative Out Parcel Lotting and Grading Tentative Map ("Alternative Map") that subdivides approximately 294.3 acres located west of Pas eo Ranchero, north of the proposed e>.."tension of Olympic Parkway, south of Telegraph Canyon Road, and east of the Sunbow Planned Community into 799 residential, 102 common, one neighborhood park, one elementary school, and 11 open space lots for a total of 901 lots, including in addition to the Tentative Map, .-'\PN #641-030-09, .-'\PN #641-030-01, APN #641- 030-03, and the site identified as "Sunbow Proposed Lot-line Adjustment" ("Out- Parcels"). The Alternative Out Parcel Lotting and Grading Tentative Map will become effective only upon the applicant meeting all of the conditions hereby attached as Exhibit "B" including Condition of Approval #153, and )//021 3 Prior Discretionary Approvals "'HEREAS, the development of the Propert) has been the subject matte~ o;:''Je Otay Ranch General Development Plan ("GDP") previously approved by the en Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No 90-('1 SCH #9010154 ("Program EIR 90-01"); and WHEREAS, the development of the Property has been the subject matter of Otay Ranch Sectional Planning Area One Plan ("SPA One Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ("SPA One Plan Resolution") wherein the City Council, in the environmental evaluation of smd SPA One Plan, relied in part on the original Otay Ranch SPA One Plan Final Environmental Impact Report No. 95-01, SCH #94101046 ("FEIR 95-01 "). and the subsequent Otay Ranch SPA One Plan Final Environmental Impact Report No. 97-03, SCH #97091079 ("FEIR 97-03"); and WHEREAS, the Applicant filed an amendment to the SPA One Plan. PCM 9-- 11, and said amendment was adopted by the City Council on FebruaJ-:-' 16. 1999 by Resolution No. 19375, and WHERE.4..S, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, subsequent FEIR 97-03, that is virtually Identical in all relevant respects, including lot size. lot numbers, lot configurations, transportation corridors, etc., to the proj ect descriptions in said former environmental evaluations; and 'WHEREAS, the City Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the Otay Ranch SPA One Plan and the related environmental documents and that the Project would not result in any new environmental effects that were not previously identified, nor would the proposed Project result in a substantial increase in severity in any environmental effects previously identified; and WHEREAS, the Planning Commission held an advertised public heanng on the Project on August 11, 1999 at which time the.Planning Commission voted to recommend that the City Council approve the Project in accordance \'Vith staffs recommendation and the findings and conditions listed below; and \VHEREAS, the City Council set the time and place for a hearing on the Project and notice of said hearing, together \'Vith its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and / Jr 3 tJ \\lIEREAS, a hearing was held at the time and place as advertised on August 1-. 1999 in the Council Chambers. 2'76 Fourth Avenue. before the Cit} Cauncll and smd hearing was thereafter closed. NOW, THEREFORE, THE CIn' COUNCIL finds, determines, and resolves as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on August 11, 1999, and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. m. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-01, Second-Tier FEIR 95-01, subsequent Second-Tier FEIR 97-03, would have no new effects that were not examined in the preceding Program EIR 90-01, Second-Tier FEIR 95-01, and subsequent Second-Tier FEIR 97-03 [Guideline 15168 (c)(2)]; and IV. CEQA FINDING REGARDLNG PROJECT WITHIN SCOPE OF PRIOR PROGRo\M EIR The City Council hereby finds that: (1) there were no changes in the Project from the Program EIR and the FEIR's which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; and that, therefore, no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore, the City Council approves the Project as an activity that is within the scope of the project covered by the Program EIR and FEIR's, and an Addendum has been prepared [Guideline 15168 (c)(2) and 15162 (a)l V. INCORPORATION OF ALL REASO~ABLE MITIGATION MEASURES AI,T}) ALTERNATIVES The City Council does hereby readopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the Otay Ranch GDP approval (90-01) and SPA One Plan approval (95-01), and subsequent SPA One Plan approval (97-03). VI. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice, to the extent required by law, that this Project was fully described and analyzed and is within the scope of the GDP EIR (90-01), the /)"3/ original SPA One Plan EIR (95-01) and the Final EIR., and the subsequent SPA One Plan EIR (97-03) with first addendum adequately describes and analyzes this project for the purposes ofCEQA [Guideline 15168 (e)). Notice on the SPA EIR was given on October 28,1998. VII. TENTATIVE SUBDMSION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that Tentative Subdivision Map as conditioned herein for The Otay Ranch Company, Chula Vista Tract 98-06, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning /\rea One Plan as amended, based on the following: 1. Land Use The Project is in a planned community that provides single-family residential uses, parkland uses, school uses, and open space. The Project is also consistent with General Plan, Otay Ranch GDP, and Otay Ranch SPA One Plan policies related to grading and landforms. 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Otay Ranch SPA One Plan. The Applicant shall construct those facilities in accordance with City and Otay Ranch SPA One Plan standards. 3. Housine: An affordable housing agreement between the City and The Otay Ranch Company (Master Developer) has been executed and is applicable to subject Project providing for low and moderate income households. 4. Parks. Recreation and OPen Space Parks, recreation and open space ,,,ill be conditioned under "A" Map conditions to dedicate a 5.1 net acre minimum park site. Construction of Park and open space and programmable recreation facilities are the responsibility of the Applicant. 5 Conservation The Program EIR and FEIR's addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase JI"Y,2 Two Resource Management Plan requIres conveyance of I 18 acres of land to the Otay Ranch Preserve for everyone acre of developed land prior to approval of any Final Map. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch SPA One Geotechnical Reconnaissance Report. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 9. Noise The Project may include noise attenuation walls under review in an acoustic study currently being prepared for the Project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Hie:bwav The roadway design provides wide landscaped buffers along Telegraph Canyon Road and Olympic Parkway (formerly Orange Avenue) the only General Plan, GDP/SRP scenic highways adjacent to the Project. 1 L Bicvcle Routes The Project is required to provide on-site bicycle routes on East Palomar Street, Paseo Ranchero, and Olympic ParJ.:way as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP 12. Public Buildings Public buildings are not proposed on the Project site as part of the //" 3J community purpose facility locations. The Project is subject to appropriate residential fees prior to issuance of building permits. The conditions herem imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. VIII. CONSISTENCY WITH THE GENERAL PLAN The proposed Project is consistent with the General Plan for the following reasons: A. THE PROPOSED TENTATIVE SUBDMSION MAP (C.V.T. 98-06) IS CONSISTENT WITH THE OTA Y RANCH GDP/SRP, AND OT A Y RANCH SPA ONE AMENDMENTS, AND IS IN CONFORMITY WITH THE CHULA VISTA GENERAL PLAN. The Village One West Tentative Map implements the recently approved Otay Ranch Sectional Planning Area (SPA) Plan Amendment, and reflects the land uses, circulation system, open space and recreational uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE PROPOSED TENTATIVE SUBDMSION MAP (C.V.T. 98-06) WILL PROMOTE THE ORDERLY SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTION..u PL~G AREA. The proposed Tentative Subdivision Map (C.V. T 98-06) implements the SPA One Plan amendment and Public Facilities Financing Plan containing provisions and requirements to ensure the orderly, phased development of the project. C. THE PROPOSED TENTATIVE SUBDMSION MAP (C.V.T. 98-06) IMPLEMENTATION WILL NOT ADVERSELY AFFECT ADJACENT LA..."'-.'D USE, RESIDENTIAL ENJO'YMEl'.'T, CIRCULA.TION OR ENVIRONMEl'.'TAL QUALITY. The land uses within Otay Ranch are designed with an open space buffer adjacent to other existing projects, and future developments off-site and ...'ithin the Otay Ranch SPA One. A comprehensive street network serves the Project and provides for access to off-site adjacent properties. The proposed plan closely follows all existing environmental protection guidelines and ...'ill avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch Em'ironmental Impact Report(s). IX. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "BOO, attached hereto. /)--31 X. APPROVAL OF TEl\lATIVE SUBDI\lSION MAP The City Council does hereby approve the Project subject to the conditions set forth in Section VII and Section IX listed above and based upon the findings and determinations on the record for this Project. XI. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. This document along with any documents submitted to the decision-makers shall comprise the record of proceedings for any CEQA claims. XII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their t=s, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. XIll. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every t=, provision and condition herein stated; and that in the event that anyone or more t=s, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by. Approved as to form by. Robert A. Leiter Director of Planning and Building John Kaheny City Attorney -- J/- J~ ---- - ~ _/ S-'.J~""30-...: \ ---- ---- \ / , , \ \ ;' ,'/ \ \ \ OTA.Y R..e._'JC-'i \llL"'-G~ Ti"0 "~ST ~ / / ' \ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PRo..E=' QT.E, Y RANCH U: ?ROJ=-I n=~:JN: C) A..=?.;J:::ANr: TENTATIVE SUBDIVISION MAP PR::J:::i o:ay Ran::h R""!u= ?r:l;r-sal 1:>r 854 sing!!! family !:lIS, 1 D2 rnairmonan::e A:I:l?~~ Vmage One West i~. ~ 1 o;>en s?a::e l:Jts, an . 1 s:::a~~1 bt... S-L-E,: ~:"=:N:JW.=:..-',,: NORTH No S:aie ?::5-3S-:-5 h:\home\;)lannin;\=arlos\l:>:=ato:S\;:'l=s9BD5 .=:;j~ ~2'1 D.'=3 //:Yt ~}::::=I'1' ".;''' .- Exhibit "B" Village One West Tentative Subdivision Map (C.V T 98-06) CONDITIONS OF APPROVAL Unless otherwise specified or required by law' (a) the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Director of Planning and Building 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 and easement holders in order to ensure that the City has a first priority interest and rights 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 I Comply with all requirements and guidelines of the SPA One Parks, Recreation Open Space and Trails Plan, Public Facilities Finance Plan, Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. 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 ofthe terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all ofthe 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 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 1 //-;1} Environmental Impact Report for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 5. The applicant shall comply with all applicable SPA One conditions of approval. 6. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney 7 The terms, conditions and time limits associated with this tentative map shall be consistent with the Development Agreement approved by Ordinance No. 2679 by the City Council on July 16, 1996 ("Development Agreement") and as amended on October 22, 1996. 8. The applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22,1996 ("Conveyance Agreement"). ENVIRONMENTAL 9. Prior to approval of each final "B" Map, the applicant shall implement all applicable mitigation measures identified in EIR 95-01, subsequent EIR 97-03, the CEQA Findings of Fact for this Project (on file in the City Clerk's Office) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office). 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 Council on June 4, 1996 and as may be amended from time to time by the City. 11 Prior to the approval of each final "B" Map, the applicant shall comply with the Otay Ranch Resource Preserve Conveyance Plan. 12. The Applicant shall comply with any applicable requirements of the California Department ofFish and Game, the U.S. Department ofFish and Wildlife and the U.S. Army Corps of Engineers. 13. All on-site locations of vema I pools and Otay Tarplant shall be depicted on all grading plans as sensitive areas, and if to be preserved, shall be preserved in perpetuity, and shall be appropriately fenced and buffered. The locations and preservation of these resources shall be verified by a qualified biologist to the satisfaction of the Environmental Review Coordinator. The applicant shall not "take" the Otay Tarplant or disturb the vernal pools until such time as authorization for such action, if necessary, is obtained from the appropriate resource agency 2 / /-37 SPECIAL CONDITIONS OF APPROVAL 14 The following conditions of approval are based upon the project having multiple Final Maps for the entire subdivision which shall be referenced hereinafter as "Final 'B' Maps" Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final 'B' Map. 15 Prior to approval of the first final "B"map within the tentative map, the developer shall submit and obtain the approval of the City of a master final map ("A" Map) over the portion ofthe tentative map within each area showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the "super block" lots created by this "A" Map. All "super block" lots created by this "A" Map or parcel map shall have access to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the first "A" Map. The "A" Map may contain single family residential units. 16. In the event of a filing of a final 'B' map which requires oversizing 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 (in accordance with the restrictions of state law and City ordinances). DESIGN 17 Any proposed monumentation/signage shall be consistent with the SPA One Village Design Plan and shall be reviewed and approved by the Director of Planning and Building prior to approval ofthe appropriate final map. 18. 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 by the Director of Planning and Building prior to approval of the appropriate final map. 19 A comprehensive wall plan indicating color, materials, height and location shall be reviewed and approved by the Director of Planning and Building 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 ifview fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs and other lots backing up to Telegraph Canyon Road, East Palomar Street, Olympic Parkway, and Paseo Ranchero, shall be prepared prior to submittal 3 / /-;57 of the wall plan indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided at the ends of such streets as determined by the Directors of Public Works and Planning and Building. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. Any combination free standing/retaining walls shall not exceed 8.5 feet in height. The applicant shall submit 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 and Building 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. 20. Prior to the approval of the first "B" map north of East Palomar Street, the applicant shall provide and comply with an acoustical analysis sound wall study which shall include measures to maintain the permissible exterior and interior noise limits for the residential units located adjacent to the MTDB San Diego Trolley LRT System aligmnent. The applicant shall comply with the recommendations of such study. Noise levels must not exceed thresholds in Otay Ranch SPA One, Planned Community District Regulations, Section II.3.(d and e). 21 Prior to the approval of the final 'B' map for Neighborhoods R-49A and R-56, the applicant shall submit and obtain approval of the site plan, and such approval shall be at the discretion of the Zoning Administrator. 22. The applicant shall depict on Landscape and Irrigation improvement plans, a landscape buffer between residential units and the adjacent MTDB San Diego Trolley LRT System aligmnent to the satisfaction of the Director of Planning and Building. The open space lots adjacent to the Trolley shall be C.F.D maintained. 23. A minimum of thirty percent of all 60xll 0 feet lots in each final map shall be provided with Hollywood driveways, and comply with the requirements of the Otay Ranch SPA One Planned Community District Regulations as may be amended from time to time. 24 The developer shall install public facilities in accordance with the Otay Ranch SPA One, Public Facilities Finance Plan (PFFP) as may be amended from time to time or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 25 Construction of the full street width bridge connecting Barn Owl Court and Misty Creek Court shall be secured to the satisfaction of the City Engineer and City Attorney, prior to approval of the first final "B" map for Neighborhoods R-50 or R-52A, whichever occurs first. The applicant shall complete construction of the bridge prior to issuance of the first building permit for Neighborhoods R-50 or R52A, whichever occurs first. In the discretion 4 //-'/f? o of the City Engineer, the developer shall submit an application for an encroachment permit, as to open space in and about the bridge location. STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS 26. Developer shall dedicate for public use all the public streets shown on the tentative map within the subdivision boundary Prior to the approval of the first final 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, as may be amended from time to time. The Developer shall construct the public improvements and provide security satisfactory to the City Engineer and City Attorney, as set forth in Table "A" below The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, aligrunent and design of improvement construction should conditions change to warrant such a reVISIOn. TABLE A FACILITY/ AGREE TO CONSTRUCT STREET NAME LIMITS AND GUARANTEE CONSTRUCTION BY East Palomar St. Existing Improvements (in Sunbow) Per PFFP & to Paseo Ranchero Olympic Parkway Agreement I Per PFFP & Olympic Pkwy Brandywine Ave. to Paseo Ranchero Olympic Parkway Agreement 1 Olympic Pkwy Paseo Ranchero to La Media Per PFFP & Olympic Parkway Agreement 1 Olympic Pkwy La Media to Palomar St. Per PFFP & Olympic Parkway Agreement 1 Olympic Pkwy Palomar St. to Easterly Otay Border Per PFFP & Olympic Parkway Agreement 1 Paseo Ranchero East Palomar St. to Olympic Pkwy Per PFFP & Olympic Parkway Agreement 1 Open Space Landscape All Open Space Lots in Concurrent with each Rough and Irrigation Improvements Village One West 2 Grading Permit 1 Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410 2 For any open space lot within the project for which a rough grading permit has been issued prior to the approved Landscape and Irrigation plans for such lot, security shall be provided to the satisfaction of the Director of Planning and Building, City Engineer, and the City Attorney. 27 Prior to the approval of first final map for the project, the developer shall grant to the City full width right-of-way, as defined by the City Engineer, for East Palomar Street. In the 5 //~fI event that eminent domain procedures must be initiated, the applicant shall fund all eminent domain proceedings, City stafftime and associated expenses. 28. 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 as identified in the Otay Ranch SPA One PFFP, as may be amended from time to time deemed necessary to provide service to the subject subdivision. Said improvements 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, traffic signals, signs, landscaping, irrigation, fencing and fire hydrants. Street light locations shall be approved by the City Engineer. Street cross sections shall conform to the cross sections shown on the tentative map, unless otherwise conditioned or approved herein. 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. 29. 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: a. East Palomar Street and Paseo Ranchero b. East Palomar Street and La Media Road c. East Palomar Street and Olympic Parkway d. Olympic Parkway and Paseo Ranchero e. Olympic Parkway and La Media Road f. East Palomar and Santa Olivia/West Santa Carina g. East Palomar and Santa MarialEast Santa Carina 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. 30. 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. 31. Prior to the issuance of the first rough grade permit for the project area north of East Palomar Street, the applicant shall provide preliminary design plans for the MTDB San Diego Trolley LR T System. Said preliminary design plans shall include: trolley alignment, grades, profile; street profiles at all proposed at-grade crossings; easement widths; centerline medians at all proposed at-grade crossings; improved public access at all proposed at-grade crossings. Said plans shall meet the approval of the City Engineer. Should additional right-of-way be 6 J/-J/;L required, the applicant shall provide additional right-of-way to meet MTDB design standards. Prior to the approval of the first final "B" map of the project north of East Palomar Street, the applicant shall provide sufficient cash deposit, if any, in a sum determined by the City Engineer to pay for those traffic control devices, enhanced signage and road way striping which are alerting motorists and pedestrians of the MTDB San Diego Trolley LRT System at all proposed at-grade crossings, not provided by MTDB. 32. The vertical profile for streets at all proposed at-grade crossings shall meet acceptable engineering design standards and cross the proposed MTDB San Diego Trolley LRT System alignment at a grade acceptable to MTDB. The profile must be approved by the City Engineer prior to issuance of the first rough grading permit for the project area north of East Palomar Street. 33. Design all vertical and horizontal curves and intersection sight distances to conform to the Caltrans Highway Design Manual. All streets which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. Sight visibility easements shall be granted as necessary to comply with the requirements in the Caltrans Highway Design Manual. Lighted SAG vertical curves will be permitted, with the approval of the City Engineer, at intersections per AASHTO standards. 34. Requested Waivers #3 and #4 shall have a design waiver submitted by the Engineer-of- Work to the City Engineer stating the deviations from City standards and explaining that, in their professional opinion, no safety considerations will be compromised. The waivers will be subject to approval or disapproval at the discretion of the City Engineer 35. Requested Waivers #1 and #2, as indicated on the cover sheet of the tentative map, are hereby approved, subject to the provision that the design speed for horizontal and vertical curves on private streets shall be 25 mph in lieu of 15 mph as provided for in the Chula Vista Subdivision Manual. 36. The developer shall dedicate to the City on the 'A' map, a 35-foot wide right-of-way for the MTDB's San Diego Light Rail Transit and any additional width dedication required at the at-grade crossings to the satisfaction of the City Engineer. Said right-of-way shall be contained in lots granted to the City for open space, transportation, and other public purposes. Said lots shall not extend across street intersections unless approved by the City Engineer. The developer shall include said lots in an open space district. 37 Enter into an agreement with the City, prior to the approval of the first final map where the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities within the tentative map boundary 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 7 //-1Y Village Design Plans and approved by the Directors of Planning and Building and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 38. The applicant shall install all street trees in accordance with Section 18.28.10 ofthe Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Village Design Plan, shall be approved by the Director of Planning and Building and Director of Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building, and provide a deep watering irrigation system for the trees. A street tree improvement plan shall be submitted for approval by the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. 39 The developer shall construct sidewalks and construct pedestrian ramps on all walkways to meet "Americans with Disabilities Act" standards and as approved by the City Engineer. 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. 40. Prior to the issuance of any rough grading permit for the Project, the applicant shall submit a study showing that all curb returns for any intersections in excess of 4% located within the permit boundaries comply with all "Americans with Disabilities Act" standards at the front and back of sidewalks. 41 The applicant shall construct two 20-foot wide, concrete (6 inch minimum depth) emergency access roads from Olympic Parkway to Mount Whitney Street in Neighborhood R-58 and from Telegraph Canyon Road to Santa Olivia between Neighborhoods R-50 and R-5IB as depicted on the Tentative Map. The emergency access roads shall be secured by a bond or as otherwise approved by the City Engineer and City Attorney prior to the approval of the first final map for the project. The emergency access road shall be constructed concurrent with the first rough grading for any land within the tentative map. The cross-section of the emergency access road shall be as shown on the tentative map. Prior to the approval of the applicable rough grading permit, the applicant shall submit a full set of road improvement plans; including but not limited to: horizontal alignment, vertical profiles, intersection details, drainage appurtenances and access control, all as approved by the City Engineer and the Fire Marshal. 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. 8 II/if 42. On streets where cul-de-sacs are 150 feet or less in length, the applicant shall provide a twenty-foot setback on driveways from property line to garage and sectional roll-up type garage doors except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Director of Planning and Building. 43 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, unless otherwise approved by the City Engineer and Director of Planning and Building. Except that Santa Maria, between East Palomar Street and Santa Olivia, Santa Olivia, between East Palomar Street and Strawberry Creek, West Santa Carina between East Palomar Street and Wind River Court, and East Santa Carina, between East Palomar and Mount Whitney, shall be a Secondary Village Entry Street as defined in the Otay Ranch SPA One Plan. 44. In addition to those fire hydrants depicted on the tentative map, the applicant shall install additional fire hydrants to the satisfaction of the Fire Department as follows: a. Neighborhood R-53' b. Neighborhood R-49B: c. Neighborhood R-50' d. Neighborhood R-49A. e. Neighborhood R-60 f. Neighborhood R-56 g. Neighborhood R-58 h. Neighborhood R-55 Misty Creek Court, Lot #17 Stanby Spring Court, Lot #36 Strawberry Creek Court, Lot #16 Cascade Place, Lot #73 Mount Own Court, Lot #35 Strawberry Creek Court, Lot # 49 McCain Valley Court, Lot #7, Lot #22 Berry Creek Court, Lot #22, Lot #81 Liberty Creek Court, Lot #29 Foxtail Canyon Street, Lot # 47, Lot # 52, Autumn Hills Drive, Lot # 33, Lot # 63 Warm Springs Circle, Lot # 72 Mount Whitney Street, Lot # 21, Lot #54 Wind River Court, Lot # 97, Lot # 74 Red Granite Drive, Lot # 36 The developer may request that the Fire Marshal in his/her sole discretion reconsider the locations of any of the above hydrants. 45 The developer shall 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 9 -- )/,- y.-!> 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: (i) Apply for an encroachment permit for installation of the private facilities within the public right-of-way (ii) Maintain membership in an advance notice such as the USA Dig Alert Service. (iii) 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. 46. Prior to the approval of any improvement plan within the tentative map, submit and obtain preliminary approval for proposed street names from the Director of Planning and Building and the City Engineer. No two intersections shall have the same name. Street name suffixes shall comply with City standards. 47 In accordance with the Olympic Parkway Financing and Construction Agreement, dated April 20, 1999, and approved by Council Resolution No. 19410, the applicant shall process and obtain the approval of a Parcel Map, or similar plat or instrument, whereupon the right- of-way for Olympic Parkway from Brandywine Avenue to SR-125 is offered for dedication to the City ofChula Vista. The aligrunent of Olympic Parkway shall substantially conform to the final Olympic Parkway Feasibility Report prepared by Kimley-Horn and Associates, Inc. 48. The typical cross section of Olympic Parkway including the right-of-way, regional trail, and meandering sidewalks shall conform to the final Olympic Parkway Master Landscape Plan by Estrada Land Planning, Inc. The Regional Trail shall be located on the north side of Olympic Parkway as determined by the Director of Planning and Building. 49 Prior to the issuance of any rough grading permit for the Project area, the applicant shall submit and obtain the approval of a traffic study, to the satisfaction of the City Engineer, of the adequacy ofthe paved street width and right-of-way of the entrances to the project area from East Palomar Street at: East Santa Carina, West Santa Carina, Santa Maria and Santa Olivia as depicted on the tentative map. The study shall address expected traffic volumes, available stacking distances and turning movement volumes at each of the four locations. 10 //-Jj~ The study shall also specifically consider the entrance to the public neighborhood park site (P-13) from East Santa Carina north of the guarded entry cottage and the proposed access to the elementary school site (S-3), also from East Santa Carina. The study shall make specific recommendations for additional protected turn lanes at any or all of the locations. The traffic study shall demonstrate the adequacy of Santa Carina to handle school generated traffic for the school site (S-3), to the satisfaction of the City Engineer, minimum right-of-way width and location details for points of ingress/egress. The applicant shall comply with all of the study recommendations. These recommendations shall be incorporated into the design of the street improvements at these locations. GRADING AND DRAINAGE 50. Storm drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected from public street right-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit shall be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D maintained Open Space lots. 51. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 52. Prior to any grading permit issuance or any final map approval within the tentative map, whichever occurs first, and which impacts off-site property, the applicant shall deliver to the City, a notarized letter of permission to grade and drain for all off-site grading includinlLthe City of San Diego's parcels. 53. Prior to the approval of any rough grading permit for Neighborhoods R-59 and R-55, if the applicant does not secure offsite grading authority from responsible public agencies, the applicant shall submit and obtain approval from the Director of Public Works, an alternative design for a Substantial Conformity Finding. 54 Developer shall grant on the "A" map an access easement from East Palomar Street to the at-grade crossing at Santa Maria. 55 Storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. 56. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 11 //--'1:; 57 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 will not approve the creation of any lot that does not meet the required setback. 58. All grading and pad elevations shall be within 2 feet ofthe grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Director of Planning and Building. 59 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. 60. Grant on the appropriate final "B" map a 15 feet minimum drainage and access easement for storm drain lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 61 Provide runoff detention basins or other facilities approved by the City Engineer to reduce the quantity of runoff from the development to an amount equal to or less that the present toO-year frequency runoff. 62. Prior to approval of the first final "B" map or grading permit for land draining into the Poggi Canyon or grading permit which requires construction of the Poggi Canyon Channel, whichever occurs first, the developer shall. a. Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer including a runoff detentionldesilting basin and naturalized channel in Poggi Canyon. 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 toO-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 facilities are not maintained to 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, except as provided for in the Olympic Parkway Financing and Construction Agreement approved by Council Resolution No. 19410. b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the applicable facilities. 12 fl--is Said program shall be subject to approval of the City Engineer, the Director of Planning and Building, and the applicable environmental agencies. c. Enter into an agreement with the City of Chula Vista wherein the parties agree to implement the maintenance program. Such agreement may include environmental agencies the City of Chula Vista deems necessary parties to such agreement. d. Enter into an agreement with the City where the developer agrees to the following: (i) Provide for the maintenance of the naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. (ii) Provide for the removal of siltation in 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 Planning and Building. (iii) Provide for the removal of any siltation in the Poggi Canyon Channel (including detention basins) attributable to the development for a minimum period of five years after maintenance of the facility is accepted by the City or an open space district. 63. The developer shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. 64 Storm drain clean outs shall not be located on slopes or in inaccessible areas for maintenance equipment. Public storm drains shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. 65 Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3 I gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. 66. Ensure that brow channels and ditches emanating from and/or running through City Open Space are not routed through private property and vice versa. 67 Provide a graded access (12 feet minimum width) and access easements as required by the City Engineer to all public storm drain inlet structures, including but not limited to the following: 13 /1/1; a. The 8ft. by 8ft. box culvert located at the southwest comer of Pas eo Ranchero and Olympic Parkway. b. The permanent detentionldesiltation basin outlet structure. Improved access as determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot or private open space lot. 68. Provide additional 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. The maintenance access roads shall be designed to accommodate the space required for the tree planting nodes at 750 foot intervals as depicted on the Olympic Parkway Landscape Master Plan by Estrada Land Planning, Inc. 69 Provide a protective fencing system around (1) the proposed detention basin in Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and Building and the City Engineer. 70 Designate all drainage facilities draining private property to the point of connection with public facilities as private. 71. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the downstream end of Poggi Canyon Channel east of Brandywine Avenue 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 72. Obtain, prior to approval of the first final "B" Map, the approval of the Director of Public Works of any amendment necessary to make the Master Drainage plan consistent with the approved Tentative Map. 73. Prior to issuance of each grading permit for the Project, prepare and obtain approval by the City Engineer, Director of Planning and Building of an erosion and sedimentation control plan. 74. 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 75 Unless otherwise provided by the Olympic Parkway Financing and Construction Agreement dated April 20, 1999, prior to issuance of any grading permit for any land that is contained within the Tentative Map and within the Poggi Canyon Basin, the applicant shall secure the required permits from the Army Corps of Engineers (ACOE) and the California Department 14 //;5~ ofFish and Game (CDFG). No grading adjacent to the Poggi Canyon shall occur without prior consultation with the City Mitigation Monitor, and the City Engineer 76. Prior to the issuance of the rough grading permit for the project area north of East Palomar Street, the developer shall revise the existing Telegraph Canyon Detention Basin and Siltation Agreement approved by City Council Resolution No. 18746 on August 12, 1997, and any amendments thereto to include the Project area. SEWER 77 All sewer access points (manholes) shall be located at the centerline of streets or cul-de-sacs unless otherwise approved by the City Engineer and Director of Public Works. 78. Provide an access road with a minimum width of 12 feet to all sanitary sewer access points using such construction material as approved by the Director of Public Works. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. Sewer lines shall be installed as close to perpendicular to the slope contours as possible but in no case greater than 15 degrees from perpendicular to the contours. 79 Grant on the appropriate final "B" Map a 20 feet minimum sewer and access easement for sewer lines located between residential units unless otherwise directed by the City Engineer. All other easements shall meet City standards for required width. 80. No diversion from the natural boundaries of the Poggi Canyon Sewer Basin will be allowed, unless approved by the City. 81 Prior to the approval of the first final "B" map, the applicant shall submit a study analyzing the capacity of all sewer facilities downstream from the project area. The study shall be approved by the City Engineer and shall consider all approved land development projects and anticipated future land uses that would utilize the downstream facilities. The sewer study shall update the "Overview of Sewer Service for SPA One at the Otay Ranch Project" (SPA One Sewer Report) prepared by Wilson Engineering dated June 4, 1996. At the request of the City Engineer, the applicant shall update the Telegraph Canyon and Poggi Canyon Sewer Development Impact Fee at the developers own cost and expense. Such update shall be submitted approved by the City Council. PARKS/OPEN SPACE/WILDLIFE PRESERVATION 82. The Village One West 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. Two thirds (2 acres/l,OOO residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood park within Village One West. The remaining requirement (1 acre/l,OOO 15 1/-5( residents) shall be satisfied through the payment of fees, dedication ofland, or a combination thereof. 83 a. The applicant shall grant to the City, at the first "A" map, an irrevocable offer of dedication for a 5 I net acre P-13 park site with a minimum east/west dimension of 360 feet at a 2% grade. Prior to the approval of the first final map, the applicant shall submit a construction schedule for Park P-13 to be approved by the Director of Planning and Building. The applicant shall commence construction of the park by the issuance of the 300'" building permit in the project and complete the park within nine months of commencement of construction. The term "complete construction" shall mean park construction has been completed according to the City approved construction plans and accepted by the Director of Planning and Building. Furthermore, "complete construction" shall mean prior to and shall not include the City's established maintenance period required prior to acceptance by the City for public use. b. Developer agrees that at no time shall there be a deficit in "constructed neighborhood park" based upon 2 acresll,OOO residents. Developer further agrees that the City may withhold the issuance of building permits for the Project, should said deficit occur. For purposes of this paragraph the term "constructed neighborhood park" shall mean 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. This is not intended to supersede any of the City's maintenance guarantee requirements. 84. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Planning and Building Department specifications and policies. 85 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 Planning and Building 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 current requirements of the City's Code/Landscape Manual requirements. 86. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood park, and the community park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPA's located within the City's corporate boundaries. 16 //-~ 87 The applicant shall pay PAD fees for park P-13 development improvements to the City in accordance with the PLDO. The Applicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule for Park P- 13 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. 88. Community Parks: a. Prior to the approval of each final "B" Map the Applicant shall pay PAD fees, dedicate land, or a combination thereof, for the Community Park based upon a formula of I acre per 1, 000 residents, until such time as a turn-key facility has been constructed by the applicant and accepted by the Director of Planning and Building. Said turn-key facility is subject to the reimbursement mechanism set forth below. b. The first Otay Ranch Community Park, to satisfy Village One West demand, shall be located in Village 2 as identified in the GDP. c. Notwithstanding that the community park requirement (1 acre/I,OOO residents) shall be satisfied through the payment of PAD fees, dedication of land, or a combination thereof, 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 within SPA One. 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. d. The Applicant shall commence construction of the second phase of the Community Park prior to issuance of the building permit for the 3,000th dwelling unit within SPA One. Second phase improvements shall include recreational amenities as identified in the Park Master Plan. e. The Community Park shall be ready for acceptance by the Director of Planning and Building for maintenance prior to issuance of the building permit for the 3,900th dwelling unit within SPA One. f. If the Director of Planning and Building 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 within SPA One, then the Director of Planning and Building shall have the option to utilize the PAD fees for said improvements, or to construct another park facility, east of the 17 //--:5'3 I-80S Freeway within an acceptable service radius of SPA One, as set forth in the GDP g. The Applicant shall provide a maintenance period of9-12 months in accordance with the City of Chula Vista Planning and Building Department policy h. 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, subject to the approval of the Director of Planning and Building. 89 Trails/Open Space: a. All trails shall be bonded/secured and constructed with the approved rough grading, and connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Planning and Building. b. The applicant shall construct the Regional Trail on the north side of Poggi Canyon (Olympic Parkway) for the entire length of Olympic Parkway in Village One, and shall be designed to incorporate the Olympic Parkway Landscape Master Plan by Estrada Land Planning, Inc. as approved by the City and as amended from time to time, including the "tree planting nodes" as specified in the Olympic Parkway Landscape Master Plan. The Regional Trail shall meander away from the curb as much as possible avoiding the "tree planting nodes" If retaining walls are necessary, they should be kept to a minimum and/or if a grading solution can be found, retaining walls will not be used to gain additional space for the street corridor. The retaining walls are to be located and detailed on the Grading Plans for Olympic Parkway and/or the Poggi Canyon Drainage Channel, and approved by the Directors of Planning and Building and Public Works. Slopes gradients may be increased to the maximum permitted in the grading ordinance in limited locations to accommodate the "tree planting nodes" and maintenance access ways. Landform grading policies shall be observed. If a combination of low retaining walls and modified landform grading cannot accommodate "tree planting nodes" and maintenance access areas, the top of slope shall be adjusted as necessary Prior to the installation of the regional trail, install a fence along those portions of 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 deternrined by the City Engineer and Director of Planning and Building. c. The maximum gradient for the connector trails located in open space lots #27 and #34 shall be 10%. Steeper grades of up to 12% for runs of up to 50 feet may be permitted subject to the approval of the Director of Planning and Building. 18 ))/5;/ d. The graded section upon which the connecting trails are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. All trail portions which contain sewer easements shall be constructed to meet H-20 loading, and shall be 12 feet wide. Trail construction materials shall be approved by the Directors of Public Works and Planning and Building. e. If the two trail connections located in open space lot #27 adjacent to Telegraph Canyon Road, and in open space lot #34 adjacent to Olympic Parkway, are located behind attended entry cottages, adequate public signage and direction shall be provided by the applicant to the satisfaction of the Director of Planning and Building, to encourage public access for pedestrians to enter through or adjacent to the attended entry areas to access the public trail connections. f. Applicant shall provide public pedestrian, bicycle, cart ingress and egress easements upon over and across Santa Maria, Tenaya Lake Place, Liberty Creek Court, Berry Creek Court, and East Santa Carina and shall install appropriate signage indicating location of trail connections, handicap access, and bikeway locations to the Regional Trail, and shall be approved by the Director of Planning and Building prior to the approval of the first final "B" map for Village One West. Signage shall be installed upon the request of the Director of Planning and Building. g. Prior to the installation of the regional trail, install a fence along those portions of 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 Planning and Building. OPEN SPACE/ASSESSMENTS 90. Prior to the approval ofthe first final "B" Map, the developer shall: a. Submit and obtain approval of the Village One West Maintenance Responsibility Map from the Director of Planning and Building which shall include delineation of private and public streets. b. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building prior to approval of the first "B" Map of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed Open Space District. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. 19 J/-~ 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 annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney c. Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of all Otay Ranch SPA One and MHOA 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 District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: (i) All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of: I) turf, 2) irrigated, and 3) non- irrigated open space to aid in the estimation of a maintenance budget thereof. (ii) Medians and parkways along Olympic Parkway, Paseo Ranchero, East Palomar Street, (onsite and offsite) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. (iii) The proportional share of 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 ofFish and Game and the Corps of Engineers permit requirements. (iv) 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. 91 Offer for dedication in fee interest to the City on the first "A" map, all numbered open space lots shown on the tentative map. Execute and record an irrevocable offer of dedication of fee interest for each of the lots to be maintained by the City through the open space district. 92. Prior to the approval of the first "A" map, the developer shall request the formation of an Open Space District. This district formation shall be submitted to the City Council for consideration prior to approval of the first final "B" 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 Planning and Building. If Council does not approve the open space district formation, some other 20 //-~ financing mechanism such as homeowners association shall be identified and submitted to the City Council for consideration prior to approval of the first final "B" map. Prior to the approval ofthe first final map, developer shall submit an initial deposit of$35,000 to begin the process of formation of the open space district. All costs of formation and other costs associated with the processing of the open space relating to this project shall be borne by the developer. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as determined by the City Engineer to prepare the engineer's report for the proposed open space district. 93 The applicant shall agree to create a Master Homeowner's Association ("MHOA") to own and maintain in a professional manner open space areas, medians, and 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 the first final "B" map. 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. On or before 60 days from the date of Council approval of this tentative map, the developer shall submit for City's approval the CC&R's, grant of easements and maintenance standards and responsibility of the MHOA's for the Open Space Areas within the Project area. Developer shall 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. 94 Prior to the approval of each Final "B" Map, Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and approved by the City Engineer. The CC&R's shall include the following obligations of the Master Homeowners Association: a. Maintain all the facilities and improvements within the open space lots offered for dedication to the City until acceptance of the open space lots for maintenance by the open space district. b. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: 1. open space lots offered for dedication to the City until acceptance by the City, 11. all open space lots that shall remain private, 111. other Master Association property. c. Maintain the public street City right-of-way between East Palomar Street and the attended entry cottage on East Santa Carina. d. Before any revisions to provisions of the CC&R's that may particularly affect the City can become effective, said revisions shall be approved by the City The MHOA 21 //57 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. e. 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. f. 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. g. 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. The policy shall be acceptable to the City and name the City as additionally insured. h. 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 1. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. J The CC&R's shall include provisions assuring maintenance of the striping, signage, and legends located at both MTDB San Diego LRT Trolley System at-grade crossings within the project which are not maintained by MTDB. k. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity 1. 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. m. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. n. The MHOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. 95 Future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow 22 / / "5Y 96. 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 shall be as approved by the City Engineer and the Director of Planning and Building. 97 Ensure that all buyers oflots 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. 98. The developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 99 The developer shall extend open space lot #27 to meet Wildwood Court to provide a 12-foot wide access for maintenance of the open space. 100 Prior to issuance of any grading permit which includes Landscaping and Irrigation (L&I) improvements to be installed in an open space lot to be maintained by the open space district, the developer shall place a cash deposit with the City which will guarantee the maintenance of the L&I improvements until the City accepts said improvements. In the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Planning and Building, the deposit shall be used to perform the maintenance. 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 shall be incorporated into the open space district's reserve at such time as the maintenance ofthe open space lot is assumed by the open space district. WATER 101 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). 102. Present 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. 103. A rough grading permit shall not be issued nor any [mal map for the Project approved unless all of the following occurs: a. The applicant shall enter into an agreement with the City of San Diego to relocate that 23 //~ portion ofOtay 2nd Pipeline ("Pipeline") within the boundaries of Village One West. The agreement shall contain provisions which demonstrate to the satisfaction of the City of Chula Vista City Engineer and the Director of Planning and Building that: I) City of San Diego ownership of the Pipeline property located within Village One West will be transferred to the applicant, 2) the pipeline will be relocated, 3) such relocation, in the opinion of the City of Chula Vista City Engineer, will not adversely affect City ofChula Vista easements and right-of-ways. The agreement shall contain specific_time limits for performance of each of the principle provisions of the agreement which shall be subject to the approval of the City of Chula Vista. Any permit required for the Project or final map approvals will be withheld by the City of Chula Vista in the event of non-performance of any of the agreement's provisions within the time limits. Concurrent with the execution of the City of San Diego agreement, the applicant shall submit and obtain approval by the both the City of San Diego and the City of Chula Vista City Engineer of a horizontal and vertical alignment study for the Pipeline relocation; and b. Ifthe Director of Planning and Building and the City Engineer determine, in their sole discretion, that the proposed relocation of the Pipeline adversely impacts the approved tentative map design, the applicant shall file and obtain the City ofChula Vista's approval of a revised tentative map prior to the issuance of a grading permit for the Project. Such revised tentative map may require the substantial redesign of the Project, including the elimination of buildable lots; or c. If the Director of Planning and Building and the City Engineer determine, in their sole discretion, that the horizontal and vertical alignment is infeasible, relative to its impacts on public facilities, then the applicant shall file and obtain the City of Chula Vista's approval of a revised tentative map prior to the issuance of a grading permit for the Project. Such revised tentative map shall fully mitigate any impacts on public facilities and may require the substantial redesign of the Project, including the elimination of buildable lots. 104 Should the developer and City of San Diego not enter into an agreement for the relocation of the Otay 2nd Pipeline, a rough grading permit shall not be issued nor a fmal map approved unless the applicant files and obtains the City of Chula Vista's approval of a revised tentative map which depicts the City of San Diego Pipeline property as out-parcels and removes all lotting from within these parcels. 105 Prior to the issuance of any rough grading permit for the Project, the applicant shall demonstrate, to the satisfaction of the City Engineer, that sufficient space will remain available for a parallel 12-inch sewer line and reclaimed water line in or adjacent to Telegraph Canyon Road. EASEMENTS 24 IJ-~cJ 106. Grant to the City a 10' wide easement for general utility pwposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer Ensure that sufficient room is available for street tree planting when locating utilities within this easement. 107 Indicate on the appropriate "B" Map a reservation of easements to the future Homeowners Association for private storm drain, if any, within open space lots as directed by the City Engineer. Obtain, prior to approval of any fmal "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 roads, and any other public facilities necessary to provide service to the subject subdivision. 108. Developer shall provide on the "A" Map a 24-foot access easement from the end of Eagle Ridge Place to the northeast portion of APN#641-030-03 Said easement shall not be emergency as depicted on the Tentative Map. Said easement shall be full street width on Eagle Ridge Place, Misty Creek Street, and Santa Maria to East Palomar Street. 109 Developer shall provide on the "A" Map a 24-foot access easement(s) from APN#641-060- 020 and APN#641-060-030 to East Palomar Street. Said easement(s) shall not be emergency as depicted on the Tentative Map. Said easement shall meet City standards to the satisfaction of the City Engineer. 110. The developer shall notify the City at least 60 days prior to consideration of the final map by City if any 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: a. Pay the full cost of acquiring off-site right-of-way and/or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way and/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. 25 //~~I The requirements of a, b, and c above shall be accomplished prior to the approval of the first Final "B" Map. III Grant easements to subsequent owners pursuant 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. 112. Grant to City on the appropriate final "B" Map two foot access easements along the rear and side property line oflots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Planning and Building and the City Engineer to provide adequate access for maintenance of said walls. 113 Storm drain easements shall be private unless the storm drain systems therein are public. 114 Where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. If any portion of the easements will overlap one another, the City shall have a superior right to the common portion of the easements. 115 Prior to the approval of each final map, the City Engineer may require either the removal or the subordination of any easement which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way AGREEMENTS/FINANCIAL 116. 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 ofthe following occur: (i) Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. (ii) Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. (iii) The applicant does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the Public Facility Finance Plan (PFFP) for Otay Ranch SPA One if the required facilities, as identified in the PFFP or as may be amended from time to time, have not been completed. 26 / / - (...<, c. Defend, indemnifY, and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision provided the City promptlY notifies the subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. d. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this proj ect. e. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the project area. Developer agrees that the City of Chula Vista may grant access to cable television companies franchised by the City of Chula Vista to place conduit within the City's easement situated within the Project. Developer shall restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all ofthe 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 ofChula Vista. f. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 117 Enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 118. Prior to the approval of the first final "B" map, the applicant shall enter into an agreement with the City for the maintenance of City property by the Homeowner's Association. 119 The applicant shall comply with all previous Agreements as they pertain to the tentative map. SCHOOLS 27 /)-~J 120. The Applicant shall deliver to the Sweetwater Union High School District a 50-net usable acre 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 1,400" building permit (504 students) within SPA One. 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. 121 The applicant shall deliver to the Chula Vista Elementary 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 (S-3), prior to issuance of the 4,50Oth residential building permit (1,350 students) within SPA One. 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 122. Submit copies of final maps, grading 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 all final maps based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on media acceptable to the City Engineer prior to the approval of each final map. 123 Tie the boundary of the subdivision to the Califomia System-Zone VI (1983). 124 Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CYMe) 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/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 125 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 ofChula 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. 28 j/--i f 126. 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 "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 the developers 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. Prior to the issuance of a permit, the developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. 127 Future property owner within 200-feet of the centerline of the MTDB San Diego Trolley LRT System shall be notified during escrow by a document to be initialed by the owners, that an acoustical analysis for the Trolley was prepared and will be made available for the owners review. This disclosure document shall be submitted prior to approval of the fust final "B" map for the project for approval by the City Engineer and the Director of Planning and Building. PHASING 128. If the applicant modifies the SPA One approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval prior to approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. 129. 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 and Building 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 and Building. 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 fue departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. The developer agrees that the City Engineer may change the timing of construction of the public facilities. 130. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet 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 Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as 29 --- II -(,.~ 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. The Otay Ranch SPA One PFFP, at the Applicant's expense and subject to a Reimbursement Agreement, shall be updated no later than six (6) months after the approval of a PFFP for the EastLake III GDP Area, and the conclusions of such update, 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. Developer agrees that the City Engineer may change the timing of construction of the public facilities CODE REQUIREMENTS 131 Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City ofChula Vista Subdivision Ordinance and Subdivision Manual. 132. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 133 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 DIF f. Poggi Canyon Sewer Basin DIP 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. 1. Otay Ranch Reserve Fund fee. 30 //~,,~ Pay the amount of said fees in effect at the time of issuance of building permits. 134 Comply with 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. 135. 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 the disclosure form for approval by the City Engineer prior to Final Map approval. 136. Comply with Council Policy No. 570-03 ifpump stations for sewer purposes are proposed. 137 Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 138. The applicant shall comply with all aspects of the City ofChula Vista Landscape Manual. 139 All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. 140. The Applicant shall 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 fmance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09100). The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09105, 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. 141 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 private open space will be provided within the subdivision. 142. Development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City ofChula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of 31 //-i, 7 intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. GUARDED AREAS 143. The following locations as proposed by the applicant are authorized for guarded entrances: Santa Olivia, Santa Maria, East Santa Carina and West Santa Carina. 144 Guarded entrances shall not have physical barriers. Guarded entrances shall be staffed from dusk until dawn, unless the MHOA or the applicant determines it is economically impractical. Physical barriers shall be prohibited at the entrances to guarded areas unless specifically approved by City Council. 145 Parks located within guarded areas shall not receive park credit. 146. All streets within guarded 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. 147 All private streets within Final "B" Maps 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. All private streets shall be owned as an equal and undivided interest by each subsequent property within the subdivision. 148. Guarded entrances shall. a. Require approval by the City Engineer and the Director of Planning and Building. 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 to be shown on appropriate grading and/or improvement plans. f. Be equipped with a video camera to record entering and exiting vehicles. 32 //-"j;g' 149 Establish Homeowners Associations (HOA) to provide for the maintenance of private open space lots, slope areas, landscape and irrigation and walls within each subdivision prior to the approval of the associated final "B" maps. Submit and obtain approval by the Director of Planning and Building and the City Engineer of the proposed CC&R's for each subdivision prior to the approval of the corresponding final map. 150. 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 HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. 151 Prior to approval of any "B" 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. 152. 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 not limited to: pavements, sidewalks, street trees, street lights including power supply, 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, inlets, clean-outs and catch basins). ALTERNATIVE MAP 153. The Altemative Out Parcel Lotting and Grading Tentative Map ("Alternative Map") includes in addition to the Tentative Map, APN #641-030-09, APN #641-030-01, APN #641-030-03, and the site identified as "Sunbow Proposed Lot-line Adjustment" ("Out-Parcels"). The Alternative Out Parcel Lotting and Grading Tentative Map will become effective upon the applicant meeting all of the following conditions: a. submittal of evidence by the applicant to the satisfaction of the City of Chula Vista that the applicant has acquired fee title to all of the Out-Parcels prior to the approval ofa final "B" map including any of the Out-Parcels or upon the written consent of the owners of the Out-Parcels to approval of such final map; and , b. That the lotting design for Neighborhood R-55, as depicted on the Tentative Map is depicted in place of the lotting design for R-55 and R-58 west of West Santa Carina as shown on the Alternative Map; and modify to the satisfaction of the City Engineer, the cul-de-sac at Red Granite Avenue to accommodate the "Sunbow Proposed Lot Line Adjustment", and, c. That prior to the approval for the "B" Map for neighborhood R-55 including the "Sunbow Proposed Lot Line Adjustment" area, the applicant shall implement all applicable mitigation measures identified in the Sunbow ElR-88-01, CEQA Findings of Fact and the Mitigation Monitoring and Reporting Program and 33 //-t-f applicable environmental permits for the lot line adjustment portion of the Sunbow project; and applicant shall additionally comply with any further environmental review process required for development of the "Sunbow Proposed Lot Line Adjustment; and, d. That Park P-13 be depicted on the Alternative Map at the same location as indicated on the Tentative Map; and, e. That lots #36, and #43 in Neighborhood R-50, Lot #8 in Neighborhood 51A, and Lot #45 in Neighborhood 52A are deleted from the Alternative Map. Lot area shall instead be included in open space lots #29 and #30; and, f. If the Alternative Map becomes effective, Tentative Map Condition #27 (Full street-width bridge connection Bam Owl Court and Misty Creek Court) will not apply to the Alternative Map; and, g. Submittal of a revised "A" map for the Project, if an "A" map has been previously approved; and, h. The developer shall dedicate to the City on a revised 'A' map, a 35-foot wide right-of-way for the MTDB's San Diego Light Rail Transit and any additional width dedication required at the at-grade crossings to the satisfaction of the City Engineer. Said right-of-way shall be contained in lots granted to the City for open space, transportation, and other public purposes. Said lots shall not extend across street intersections unless approved by the City Engineer. The developer shall include said lots in an open space district; and, 1. Offer for dedication in fee interest to the City on a revised "A" map, all numbered open space lots shown on the tentative map. Execute and record an irrevocable offer of dedication of fee interest for each of the lots to be maintained by the City through the open space district; and, J. Grant on the revised "A" map an access easement from Telegraph Canyon Road to Santa Olivia, parallel to the MTDB San Diego Trolley LRT System corridor; and, k. Prior to the approval of the first final "B" map for the "Out-parcels", an open space maintenance area shall be formed for the Out-Parcels to fund preserve maintenance and monitoring. Said open space maintenance area shall be a part of Community Facilities District No. 97-2 (Preserve Maintenance District); and, 1. Prior to the approval of the first final "B" maps for the Out-Parcels, an Open Space District shall be formed for the Project to fund maintenance of open space and other public improvement; and, 34 //- ??J m. Provide and comply with an updated acoustical analysis sound wall study as to the out-parcels which shall include measures to maintain the permissible exterior and interior noise limits for the residential units located adjacent to the MTDB San Diego Trolley LRT System aligurnent. The applicant shall comply with the recommendations of such study Noise levels must not exceed thresholds in Otay Ranch SPA One, Planned Community District Regulations, Section II.3.(d and e); and, n. Submit and obtain approval of a revised Village One West Maintenance Responsibility Map including the out-parcels from the Director of Planning and Building which shall include delineation of private and public streets. o. All of the Tentative Map conditions contained here within shall be applied to the Alternative Map except as noted above, and the developer shall comply with all conditions, as to the Alternative Map. 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ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT /2 Item Meeting Date 8/17/99 Public Hearing - (1) 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) 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 Director of Public Works ~rJ\ City Manage~ ~ ~\} (4/5ths Vote: Yes_No_XJ It is recommended this item be continued to the meeting of August 24,1999. C:\..\1953.2\CAS CFD 99-1 Public Hearing 8-17-99 /~/'/ ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item /:3 Meeting Date 8/17/99 Public Hearing Regarding the Declaration by the City Council Authorizing the Annexation of Territory in the Future to an Existing Connnunity Facilities District. Resolution of the City Council of the City of Chula Vista, California, Authorizing the Annexation of Territory in the Future to an Existing Connnunity Facilities District. Director of Public Works rK' City~,~ (4/5ths Vote: Yes_NoX) It is reconnnended this item be continued to the meeting of August 24, 1999. A:\CAS ANNEXa.doc /J/j COUNCIL AGENDA STATEMENT Item /'1 Meeting Date: 8/17/99 ITEM TITLE: Resolution Making a specific fmding that irregularities in the bid of Mesa Construction Projects, Inc. are waived for the benefit of the public; accepting bids and awarding contract for the "Telegraph Canyon Charmel Improvements, Phase I, from North of Sierra Way to "K" Street, in the City of Chula Vista, California (DR118/26591180)" Project; authorizing the Director of Public Works to accept the easements dedicated for the construction of this project; and appropriating additional funds from the Telegraph Canyon Drainage Development Impact Fee (DIF) SUBMITTED BY: Director of Public Works REVIEWED BY: City Manag~ ~ --:7 (4/5ths Vote: Yes-X.No_) At 2:00 p.m. on July 21, 1999 in ConferenQ Room 3 of the Public Services Building, the Director of Public Works received sealed bids for the "Telegraph Canyon Charmel Improvements, Phase I, from North of Sierra Way to "K" Street, in the City of Chula Vista, CA (DR118/26591180)" Project. The general scope of the project involves the construction of a rectangular reinforced concrete charmel within the existing natural Telegraph Canyon Creek from North of Sierra Way to "K" Street, including the reconstruction of drainage facilities at the Second A venue channel crossing, in the City of Chula Vista, California. RECOMMENDATION: That Council. 1. Waive irregularities in the bid proposal (omitting the unit prices written in words and omitting one bid item) 2. Approve resolution accepting bids and awarding contract for the "Telegraph Canyon Channel Improvements, Phase 1, from North of Sierra Way to "K" Street, in the City of Chula Vista, CA (DR118/26591180)" Project to Mesa Construction Projects, Inc., of San Diego, CA for $2,485,026.30 /1/-/ Page 2, Item Meeting Date 8/17/99 3. Accept drainage easements for the construction of the project. 4 Appropriate additional $930,026.30 from Fund 542 - Telegraph Canyon Drainage Development Impact Fee to cover the additional costs of construction. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Proiect This project is located within the portion of the Telegraph Canyon Creek which lies west of 1-805 and specifically, from east of First Avenue to east of Fourth Avenue (see Exhibit A). The portion of the creek upstream of 1-805 has been improved via subdivision exaction (mostly natural, vegetated improvements). The portion downstream of Fourth Avenue was earlier improved via a Federal/State/local project designed by the U.S. Army Corps of Engineers. That portion, which was completed in 1987, consisted of rectangular concrete channels and box culverts from Fourth Avenue to 1-5 Downstream of 1-5, the channel is a concrete sided, earth lined trapezoidal channel (across the SDG&E South Bay Power Plant) Since 1987, the City has worked with the property owners affected by periodic flooding and severe erosion of the area. In response to the property owners' long-range concerns, Council approved a Capital Improvement Program project to improve this reach of the creek. The proposed improvements was scheduled to be done through a phased construction program, beginning with the most threatened sections, provided the property owners dedicated the necessary drainage easements at no cost to the City. To this effect, Engineering staff conducted design studies, met with the affected property owners and regulatory agencies to create a program and to obtain consensus in the implementation of project. After reviewing various design alternatives, the property owners selected the alternative that had the least impact on existing homes. The project was designed using the preferred alternative, and this provides for the construction of a rectangular reinforced concrete channel within the existing natural Telegraph Canyon Creek from North of Sierra Way to "K" Street, including the reconstruction of the box culvert at the Second Avenue channel crossing. Funding for this project was originally budgeted in the FY 1995/96 budget, with additional appropriations in the FYI996/97, FY1998/99 and FY199912000 budget processes. The design of the project was completed in December 1996. Since then, staff has been working with the various environmental regulating agencies (Army Corps of Engineers, California Department of Fish and Game, and Regional Water Quality Control Board) to obtain the necessary permits required for the construction of this project. After nearly three years of review, and with the II ~cJ Page 3, Item Meeting Date 8/17/99 assistance of Mrs. Carol Raty (one of the property owners who has been a major force in moving the project forward) the permits were granted and the City received the necessary authorization to proceed with the construction work. The Bid Process The project was advertised for a period of four weeks and bids were received as follows: CONTRACTORS BID AMOUNT 1 Mesa Construction Projects, Inc. - San Diego, CA $2,485,026.30 2 Nottson Construction Inc. - Romoland, CA $2,674,542.00 3 Archer Western Contractors, Ltd. - San Diego, CA $3,500,77500 The low bid for this project by Mesa Construction Projects, Inc. is above the Engineer's estimate of $1,855,525.00 by $629,501.30 or approximately 34% The Engineer's estimate was based on bids received for similar projects by the City and by other agencies. One major factor that accounts for the high bids received for this project is the heightened increase in construction activity in this region. The construction standards provide that the prime contractor be able to complete at least 50 % of the work with his/her own forces. Since this is a multi-million dollar project, the number of contractors who could get bonding for a project of this size was limited. And since a lot of the big contractors are currently engaged working on some of the big subdivisions, and most could not take on the additional responsibility of constructing a project of this size, there was an absence of the usual intense competition one would normally expect for a project of this size. The major differences between the engineer's estimate and the low bid received were primarily for the following items of work; removal and disposal of existing improvements, export material, removal and replacement of unsuitable soil and shoring. These items were difficult to estimate because of unknown site conditions, so were bid as lump sum items with the burden of risk being placed on the contractor (a standard industry practice). And in situations like this, contractors have a tendency to bid high on these kinds of items to minimize their risk exposure. The two low bidders had similar costs for the work. In reviewing the bids, staff has concluded that the low bid amount represents a reasonable and fair price for doing the work involved in the project. The U.S. Army Corps of Engineers' Nationwide Permit requires the City to avoid impacts to Federally listed and other migratory breeding birds. All vegetation clearing and removal must be done between November 1 and February 14. Due to these limitations, and to the fact there /'/ ~;J Page 4, Item Meeting Date 8/17/99 is no guarantee that a new bidding process would present lower bids, staff believes that readvertising would be unproductive. We have contacted the references provided by Mesa Construction Projects, Inc. and determined that they have the relevant experience necessary to complete this project as defined in the specifications. In addition, we have verified their license and determined that it is clear and current. We, therefore, recommend that the contract for the "Telegraph Canyon Channel Improvements, Phase I, from North of Sierra Way to "K" Street, in the City of Chula Vista, CA (DR118/26591180)" Project be awarded to Mesa Construction Projects, Inc. Bid Irre~la~ities The low bid from Mesa Construction Projects, Inc. contains some irregularities consisting in the omission of unit prices written in words in 26 bid items out of a 42 total items. The Contractor also omitted the price in figures for one bid although it was included in the total bid amount. The contractor was contacted and met with Engineering staff. He clarified that the omissions were inadvertent clerical mistakes made at the time data was transferred from their cost estimate spreadsheet into the bid proposal form. The Contractor presented their original spreadsheet showing that the total amount was consistent with the total amount in their bid proposal. These omissions on the bid proposal do not affect the total bid amount. This issue was brought to the attention of the City Attorney's Office. The City Attorney's Office determined that these deficiencies did not affect the competitiveness outcome of the bidding process. Therefore, staff recommends that Council waive these irregularities and award the contract to Mesa Construction Projects, Inc. The City of Chula Vista City Charter, Section 1009, provides that public works projects shall be awarded to the lowest responsible bidder whose bid is determined to be, in all respects, most advantageous to the public interest. Section 1009 of the Charter also provides that the City Council may waive any defects in the bid to the extent that it finds at a public hearing held for that purpose that it is necessary to do so for the benefit of the public. Therefore, pursuant to the authority provided under the City Charter, Council may make a specific finding that such irregularities are waived for the benefit of the public, and may proceed to award the contract to the low bid contractor, Mesa Construction Projects, Inc. for this project. Mesa Construction Projects, Inc. has met all City requirements for award of contract that are set forth in the bid documents. Right-of Way To facilitate the construction of this project, the property owners within the project limits were asked to dedicate a portion of their property to the City and as compensation, the City would improve the existing dirt channel adjacent to their properties by constructing a reinforced concrete rectangular channel at no cost to the owners. There are 34 property owners within the project limits, and all the property owners have signed the necessary documents dedicating the /'1--- 'f Page 5, Item Meeting Date 8/17/99 required easements to the City It is recommended that Council accept these easements on behalf of the public and direct their recordation at the Office of the County Recorder Disclosure Statement A copy of the contractor's Disclosure Statement is attached (Exhibit B) Prevailinl: Wal:e Statement This project is primarily funded through the Telegraph Canyon Drainage Impact Fee (DlF) Funds. Based on the current project funding guidelines, no prevailing wage requirements were necessary as part of the bid documents. Environmental Status This project involves the construction of drainage facilities in an area considered a natural waterway, and thus environmentally sensitive because of the native fauna. The City had to obtain a Nationwide permit from the Army Corps of Engineers (NW26), enter into a Streambed Alteration Agreement with the California Department of Fish and Game, and also obtain a 401 waiver from the Regional Water Quality Control Board. To date, we have obtained all the necessary permits required for the construction of this project. The conditions of approval for the Nationwide permit required the City to implement some mitigation measures, one of which was the purchase of a piece of land that would be replanted to mitigate the impacts of the channel on the native vegetation. The approved site was a 20-acre City-owned parcel along the Otay River approximately 450 feet west of 1-805. On this site the City was required to create 0.78 acres of willow riparian wetland habitat, and restore/enhance two (2) acres of existing wetlands. The City was also required to obtain an additional mitigation site with a minimum of one (1.0) acre of additional wetland mitigation. The total cost of implementing these mitigation measures including the preparation of the mitigation plans and other necessary activities is approximately $300,000, which has been set aside in the project budget. The implementation of the mitigation measures will be done under separate contracts. Award of the contract to Mesa Construction Projects, Inc. will commit the City to implement and fund these mitigation conditions in the near future. /t/-5 Page 6, Item Meeting Date 8/17/99 FISCAL IMPACT FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Mesa Construction Projects, Inc.) $2,485,026.30 B. Contingencies (Approx. 10%) $250,000 00 C. Water Facilities Relocation - (City's Portion of Total Costs) $15,000.00 D Material Testing $20,000 00 E. Staff Cost (Design, Inspection, and Surveying) $250,00000 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $3,020,026.30 FUNDS AVAILABLE FOR CONSTRUCTION A. 54220-7999/26591180 (Telegraph Canyon Channel Improvement $2,090,000.00 Project (Project balance less estimated mitigation costs). B. Appropriation from Fund 542 - Telegraph Canyon Drainage $930,026.30 Development Impact Fee TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $3,020,026.30 This project is primarily funded through the Telegraph Canyon Drainage Impact Fee (DIF) Funds. The action requested tonight would allow staff to expend these funds for the construction work. Upon completion of the project, only routine City maintenance (mainly periodic cleaning of the channel) will be required. Staff will request, in the near future, Council's approval for the implementation of the environmental mitigation measures imposed by the regulatory agencies. This expense is estimated to be about $300,000 Attachments: Exhibit A - Exhibit B - Project Vicinity Map. Contractors' Disclosure Statements (0735-IO-DR118) 08/111995:08 PM H:\HOMEIENGINEERIAGENDAIDR 118AC.DOC /'1- & RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING A SPECIFIC FINDING THAT IRREGULARITIES IN THE BID OF MESA CONSTRUCTION PROJECTS, INC. ARE WAIVED FOR THE BENEFIT OF THE PUBLIC; ACCEPTING BIDS AND AWARDING CONTRACT FOR "TELEGRAPH CANYON CHANNEL IMPROVEMENTS, PHASE 1, FROM NORTH OF SIERRA WAY TO "K" STREET, IN THE CITY OF CHULA VISTA, CALIFORNIA (DRl18/26591180) " PROJECT; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ACCEPT THE EASEMENTS DEDICATED FOR THE CONSTRUCTION OF THIS PROJECT; AND APPROPRIATING ADDITIONAL FUNDS FROM THE TELEGRAPH CANYON DRAINAGE DEVELOPMENT IMPACT FEE (DIF) WHEREAS, at 2:00 p.m. on July 21, 1999 in Conference Room 3 of the Public Services Building, the Director of Public Works received the following three sealed bids for the "Telegraph Canyon Channel Improvements, Phase 1, from North of Sierra Way to "K" Street, in the City of Chula Vista, CA (DRl18/26591180)" Project: CONTRACTORS BID AMOUNT Mesa Construction Projects, Inc. - San $2,485,026 30 Diego, CA Nottson Construction Inc - Romoland, CA $2,674,542.00 Archer Western Contractors, Ltd - San $3,500,775.00 Diego, CA WHEREAS, the low bid for this project by Mesa Construction Projects, Inc. is above the Engineer's estimate of $1,855,525.00 by $629,501 30 or approximately 34%; and staff has concluded that the low bid amount represents a reasonable and fair price for doing the work involved in the project; and WHEREAS, the low bid from Mesa Construction Projects, Inc contains some irregularities consisting of the omission of unit prices written in words in 26 bid items out of a 42 total items and the omission of the price in figures for one bid although it was included in the total bid amount; and WHEREAS, the contractor was contacted and met with Engineering staff and clarified that the omissions were inadvertent 1 /t/~ ? clerical mistakes made at the time data was transferred from their cost estimate spreadsheet into the bid proposal form; and WHEREAS, the Contractor presented their original spreadsheet showing that the total amount was consistent with the total amount in their bid proposal and these omissions on the bid proposal do not affect the total bid amount; and WHEREAS, the City Attorney's Office determined that these deficiencies did not affect the competitiveness outcome of the bidding process, therefore, staff recommends that Council waive these irregularities and award the contract to Mesa Construction Projects, Inc.; and WHEREAS, City Charter Section 1009, provides that public works projects shall be awarded to the lowest responsible bidder whose bid is determined to be, in all respects, most advantageous to the public interest and that the city Council may waive any defects in the bid to the extent that it finds at a public hearing held for that purpose that it is necessary to do so for the benefit of the public; and WHEREAS, therefore, pursuant to the authority provided under the City Charter, Council may make a specific finding that such irregularities are waived for the benefit of the public, and may proceed to award the contract to the low bid contractor, Mesa Construction Projects, Inc. for this project who has met all city requirements for award of contract that are set forth in the bid documents; and WHEREAS, this project is primarily funded through the Telegraph Canyon Drainage Impact Fee (DIF) Funds and based on the current project funding guidelines, no prevailing wage requirements were necessary as part of the bid documents; and WHEREAS, this project involves the construction of drainage facilities in an area considered a natural waterway, and thus environmentally sensitive because of the native fauna; and WHEREAS, the City has obtained all necessary permits as required by the Army Corps of Engineers, the California Department of Fish and Game and the Regional Water Quality Control Board. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula Vista does hereby make a specific finding that irregularities in the bid of Mesa construction projects, Inc are waived for the benefit of the public. BE IT FURTHER RESOLVED that the City Council does hereby accept the three bids and award the contract for the "Telegraph Canyon Channel Improvements, Phase 1, from north of Sierra Way to "K" Street, in the City of Chula Vista, Ca. (DRl18/26591180)" 2 ;'1 /~ Project to Mesa Construction Projects, Inc of San Diego, Ca. for $2,485,026.30. BE IT FURTHER RESOLVED that the city Council of the city of Chula vista does hereby accept drainage easements from 34 property owners for the construction of the project and direct their recordation at the Office of the County Recorder. BE IT FURTHER RESOLVED that hereby appropriated from Fund 542 Development Impact Fee to cover construction. the sum of $930,026 30 is Telegraph Canyon Drainage the additional costs of Presented by Approved as to form by John P. Lippitt, Director of Public Works H:\home\attorney\reso\mesa.bid 3 /1-; Keymap.dwg 7-28-99 2: 43: 13 pm PST DRAWN BY' nTLE. CESAR v. MAGBUHA T A . H 6-16-99 or SHTS. CITY OF CHULA VISTA TELEGRAPH CANYON CHANNEL /t.(~/c? PROJECT FILE I/DR118 PREPARED BY' CESAR V. MAGBUHA T y. JIM R. HOLMES ~..~'"~._.._'---. .. TIlE CITY OF CHULA VISTA DISCLOSURE STATEMENT f:~",\~l T 'B You ar~ required to me a Statement of Disclosure of certain ownership or fmancial interests, payments, or campaign contributions, on . all matters which will require discretionary action on Ibe part of Ibe City Council, Planning Commission, and all olber official bodies. The following information must be disclosed: I. List the names of all persons having a financial interest in Ibe property which is Ibe subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. -::r" \---"" r;, l-l.o..(' C'............... D o-M:c.Sl 'P l-\,,~~ -;:s:; "" V1 C;;, Do-vi'LQ If any person" identified pursuant to (I) above is a corporation or partnership, listlbe names of all individuals owning more than 10% of Ibe shares in Ibe corporation or owning any partnership interest in the partnership. l..\-A~v.... -'"'\ p. l.l,t(~ 2. 3. If any person" identified pursuant to (I) above is non"profit organization or a trust, list Ibe names of any person serving as director of Ibe non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worlh of business transacted wilb iIl!~ member of Ibe City staff, Boards, Commissions, Committees, and Council wilbin Ibe past twelve monlb? Yes _ No!:::... 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 Ibis matter. 6. Have you and/or your officers or agents, in{lje aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes _ No.b If yes, state which Council members(s): Date:~ " " " (NOTE: Attached additional pages as necessary) " " " c-::::> ~ c::c:> --.., D:~n~~e of?ntr~:~if~ Print or type name of Contractor I Applicant " fwflIJ. is defined as: 'Any individual, firm, co-partnership, joill/ vell/Ure, associalion, social club, fraleT/Ul1 organizalion, corporalion, Wale, trust, receiver, syndicate, this and any other county, city or coull/ry, city municipality, district, or other political subdivision, or any other group or combinalion acting as a unit. 22 1(--// Author: Louis Vignapiano <chulavis@connectnet.com> at internet-mail Date: 3/5/99 9:32 PM Normal TO: Susan Bigelow at CHULA_VISTA Subject: No subject given ------------------------------------ Message Contents Access Appeals Board Aging (Commission on) Appeals & Advisors Charter Review Child Care Civil Service Committee Cultural Arts Commission Ethics (Board of) Growth Mgmt Oversight :1(< lfouain'.:r Authority Human Relations Int'l Friendship Library Board of X;!'>'!-al'iiliilq Cbrnrnission Resource Commission Safety Commission Southwest PAC Town Centre PAC Trustees United Nations Day Mobilehome Rent Review Veterans Advisory Design Review Economic Development Otay Valley Road PAC Parks & Recreation X Youth Commission Other ---------------------------------------------------------------------- Name: Moore, Virginia Address: City, state, Zip: Res Phone #: Registered Voter: Do you live within the City limits of Chula Vista? yes, How long? l4yrs For Youth Commission applicants only: School attending: CVLCC/CVH/ELH, Grade: K,1,9,lOth Colleges attended & degrees held UCSD BA in Urban Studies and Planning '97 Southwestern Community College Present Employer: FT Student, Position: N/A 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 am interested in issues directly related to Planning, Housing, Youth, Economic Development,and Crime/Safety. I have some direct experience in most all of the above areas. As a long time resident, I understand the make-up of the community, the possible needs of it's residents. What would you hope to accomplish by your participation? Advocate for the present and future needs of residents Have an opportunity to offer input on possibilities for the variety of areas(both social, as well as physical). and better prepared civil servant. in my own community. developmental change in Become a more informed, I am familiar with the responsibilities assigned to the Board/Commission/Committee on which I wish to serve. yes /J,/J ~I j "ECEIVt:.:1 BOARD/COMMISSION/COMMITTEE APPLICATION '96 JAM 22 A9:43 I'liIiIse IlIdictJle Your IlIIerest By Checking the Appropriote liners). Iy IF CHULA VIS f lOll Chedc Mon 77uut One line, Plililse Prioritize Your IlIIerest. . . "CU~K'S OFFICI:... _ Agmg (Cmsm on) _ urowth Mgmt Cmsm _ Resource Consetv Cmsm _ Appeals (Board of) - _ Housia, Advisory Cmsm _ Safety Cmsm Charter Review Hu_1leIation Cmsm Southwest PAC Cmt Child Care Cmsm ,"",y at'l!t!riili.., CiiIJm UC - CV Civil Service Cmsm _ Ubrary Board of Trustees _ United NatiODS Day Cm! Cultural Arts Cmsm Mobilehome Rent Review Cmsm _ Veler8DB Advisory Cmsm _ Design Review Cmsm _ Olay Valley Proj Area Cmt Youth Cmsm Economic Dev Cmsm Parts Ik. Rec Cmsm OTHER _ Ethics (Board of) _ PlanniD. Cmsm PLEASE PRINT CLEARLY NAME: TgnR~1n VR1~nv1nnR CITY:r.h1l1R ViAtA ZIP: 9'9" HOME ADDRESS: RES PHONE # US PHONE #: Kame REGISTERED VOTER IN CHULA VlST A:.IX..... YES NO DO YOU UVE WITHIN THE CITY LIMITS OF CHULA VISTA? _YI- YES HOW LONG? 7 Yllll.Fiil NO .Youth Com-'...... App/icaDIs ONLY: 5cIIeoI"~ .. Gnde: COLLEGES ATIENDED &. DEGREES HELD: 'RR~l1Q!lA NA+innal n,o 48....;,.."1+,,,...1:1, f!rtp)piugQ, l4exico PRESENT EMPLOYER: RetirAn POsmON: WHAT ARE YOUR PRINCIPAL AREAS OF INTEREST IN OUR CITY GOVERNMENT AND WHAT EXPERlENCE(S) OR SPECIAL KNOWLEDGE CAN YOU YOU BRING TO THOSE AREAS? A" A "".,.,..""+ mAmn.,,.. nf' +hA r.h"'A V; "ta Commission on Aging, the welfare of the seniors of our comnnmi ty is one of my areas of interest. but a second and eauAllv imoortant one is the oromotion of iood will and understanding among the various nationalities represented in the population of our City and to increase the existing economic cooperation and cultural excl1ane:e we alreadv enjoy to which- I hope to apply my many years of extensive travel and bi-lingual ability. WHAT WOULD YOU HOPE TO ACCOMPUSH BY YOUR PARTICIPATION? I would hope that the experience of my lengthy life would be an asset to the International Friendship Commission. ~:::~--'-~-=-t~ -/~;J?, SIGNATURE DATE ... 711_ ... PLEAg: SEE THE REVERSE SIDE OF nlls APPLICAnON FOR VERY IMPORTANT LEGAL INFORMAnON.. . /~4-2 ~I~ -.- ~'~-- BOARD/COMMISSION/COM TTEE APPLICATION (Please indicate your illlerest by checking the appropriate line(s) (lfyou check more thall olle lillC, please priorilize your imeresT) 01V Of CHUIA VISfA Accers Appeals Board Aging (Commission on) Appeals & Advisors Chaner Review Ethics (Board oj) Growth Mgmt Oversight Housing Advisory Human Relatiolls Planning Commission Resource Conservation Safety Commission Southwest PAC Child Care 111I'1 Friendship Library Board of Trustees -::t- Mobilehome Rtt.nt Rel'ieH' Otay Valley Road PAC Town Celllre PAC United Nations Day Committee Veterans Advisory Commission Youth Commission Civil Service Cultural Ans Design Review Economic Development Parks & Recreation OTHER Name: ANTN-oN\1 PLEASE PRINT CLEARLY ClOrn Home address: City: Cf-IU(A !I/.I,7r.J Zip: q /9/0 Res phone no: R~gistered voter in Chula Vista: ~es _no Do you live within the City limits of Chula Vista? V' yes .., c- Y="5 no How long?...,....c..~ '" 'TIG.. For Youth Commission applicalUs Dilly: School attending Grade: Colleges attended & degrees held: r< eT ,r26'P Position: 1!o().S{; 4v ~ B /J- AJ I? Present employer: What are your principal areas of interest in our city government and what experience(s) or ~~"pecial knowledge can you bring to those areas? J. f1 Lt..... r:; f2- c;;Pr <;, :;. '!S"Pi?C!.../41'- kNOW~e="'D6&' ~()SIAJ~ What would you hope to accomplish by your participation? I.U II R T GV ell- ) r 7A K ~ /7ZJrZ $.U Q. Q ~" I am familiar with the responsibilities assigned to the Board/Commissjon/Commjtt~ on which I wish to serve. af'--L~u..G ~/;b /97 Signature / ~ /1..-? D~tt:: R,," 6/f>7 * * * Please see the reverse side of this Applicatiorrj'(;r Yen' Inmor/ant Lerml infomlOtion * * * ~If?. "-11- ,. ~ BOARD/COMMISSION/COMMITTEE APPLlCA nON CJIY Of CHUIA VISTA RECEIVED (Please illdicate your illterest by checkillg the appropriate /ille(s) (lfyou check more thall olle /ille, please prioritize your illterest) '99 FEB 12 P3:09 Access Appeals ~ OF CHULA Visr- Agillg (CommissiGlT~tLERK'S OFFl8:- Ethics (Board ofJ Growth Mgmt Oversight Housillg Advisory Human Relations x Planning Commission Resource Conservation Appeals & Advisors Charter Review SafeTy Commission Town Cemre PAC Child Care lilt 'I Friemiship Library Board of Trustees Mobilehome Relit Review United NmionsDay Committee Veterans Advisory Commission Youth Commission Civil Service Cultural Arts Desigll Review Economic Developmem Otay Valley Road PAC OTHER Parks & Recreation PLEASE PRINT CLEARLY Name: .TIIRn R ni R!7.. HOmeaddr~ Res phone s phone no City: Chula Vista Zip: 91910 Registered voter in Chula Vista: ~es _no Do you live within the City limits of Chula Vista? J( Yes no How long? l'? Y p.Rr~ For Youth Commissioll app/icallts ollly: School attending Grade: Colleges attended & degrees held: Present employer: ToC!t--ing 9o.ru-i....,:>.Q R. Tnap,::.rr;nn. Tnr Position: Prp~:d npnt- What are your principal areas of interest in our city government and what experience(s) or special knowledge can you bring to those areas? See Attachment What would you hope to accomplish by your participation? See Attachment I am familiar with the responsibilities assigned to the Board/Commission/Committee on which I wish to serve. q......... R ?r.-~ ~ -/ J - '?'1 Signature 'If/- ___ z.-/ Date * * * Please see the reverse side of this Ati:anon for ?erv [mOOT/allt Leflal infonnation * * * R<rYJI9a ~If? ~~- BOARD/COMMISSION/COMl\U~ "SE APPLICATION 0lY OF CHUlA VISIA (Please illdicare y~ur imerest by checkillg Wr!JP,R.'f!P.~7te line(s) (If you check more thall Olle line, please p,gm;~ ~'" ~Dest) _ Access Appeals Board Agillg (Commission Oil) Appeals & Advisors Chaner Review Ethics (Board of) Growth Mgmt Oversight Housing Advisory Human Relations '99 JAN -6 P4:54' 1 V Planning CommissiolJ CITY OF CHULtLY.lS" , . CITY GI:ERK 'Sll'F'FrcrCollserv~tlOll Safety Commission Town Centre PAC Child Care 1m 'I Friendship Library Board of Trustees Mobilehome Rem Review United Nations Day Committee Veterans Advisory CommissicJl1 Youth Commission Civil Service Cultural Ans .z ../ Design Review _ Economic Development Otay Valley Road PAC OTHER Parks & Recreation PLEASE PRINT CLEARLY Name: ~ \.,U\~ ~O""'O ~ City' "~U\..b. "{\-:'T~ Zip: Cl,.\G\\O Home address: Res phone ~ Bus phone no Do you live within the City limits of Chula Vista? Registered voter in Chula Vista: ~es _no V ves no How long? ., "(~"W? For Youth Commission applicants only: School attc:nding Grade: G~~"1"I.; ~rr Uu":>O \AG'R".~ OW c. ~ Colleges attended & degrees held: '6 , Present employer: 0\"\"'( Of .;;,,bow '0\1:;<00 Position: 'fl:\o.k:l ~lQF-A~ ":>~\Z.\I\"'O~ What are your principal areas of interest in our city government and what experience(s) or special knowledge can you bring to those areas? ~" 'f'~\~C.\'f~\... /:.~I>h or \~'E:r.>, ~~ \.-/:.\.lo U'=>{::. /:.\.1'0 OY:>J~Of.~~I>lTI ~ \-1",\...\.- ".." \?'C<""'\.,~ (,,\..l\~\..\-W~. "'~ 'E:.'&~'f'-\hl~ 1"0 O~ft'::'F-, \ ~p-,jtG. P'i'V\-\~~ ~'O ~\jI>l\C.H'/:.\.. CO'O~ 'l'-E;0\J\...t>-n0't3 ~'I.~~\~, bo~'O ~.b\.1 ~\(o\.l ~'OUc.p."no~. -- ---- What would you hope to accomplish by your participation? ,0 c.~'i:.t:....~ I>~O "",,"P\NTJ,\\J Po 'e:>b\...t>~C.e. E>~~~N 'f-'i:.?\~~"" 1>...JO ~~\.J ~~ . .. 'F-~'-l~NU~ O;:>..{::.pi"f;O ?M 'b..)",\~~c,&,J \,.l\-\\\...e. ~~'i'\\o.l~ p\.l t.'ff~~\,bi~ \...\'f~ ""1'"t>.,JOp'i"-O ~~ p\.\.- ~\'O~14. I am familiar with the responsibilities assigned to the Board/Co=ission/Co=ittee on which I wish to serve. t:>~~\..~o<a\W E:l -n*- N~~O i'0'i"- ,1>i- pt..lo ""'P~ ~ ~~t.h.l.,bo'f.'{ Co, \ G\G\Cl I/t;- ft - 5 Date . * * * Please see the reverse side of this Application for Veri' lmoortatlt Lef!al infonllation * * * Signature \\ ~\6 -'\ RnJ/9Il r~\..'-""'''<kC ")'S" '\\ \ ~'\\0\ ~ f It- ~ ~~~...e: ,) if THE CI1Y OF RECEIVED CllY OF CHUlA VISTA CHUL1f4 V'lS'nt:09 BOARD/COMMISSION/COMMITfIS~)11~~~ Please Indicate Your Interest By Checking the Appropriate Line(s) If You Check More Than One Line, Please Prioritize Your Interest "'" Board of Appeals Board of Ethics Charter Review Child Care Civil Service emsn Cultural Arts _____ Cmsm on Aging - .. -- .-'^...~ - .. _____ Int. Friendship omsn _____ Montgomery C.P.C. _____ Planning emsn _____ Town Centre Proj. Area emt Chula Vista 21 ______ Design Rev emt _____ Growth "gmt. Omsm ______ Library Board of Trustees _____ Otay Valley Proj. Area emt Resource ConSy emsn ______ United Nations Day emt UC - CV Economic Oev. _ HlMnan Rel. emsn _ MOOf L eheme Rent Revi ew Cmsm. Parks & Rec emsn _____ Safety emsn Youth emsn OTHER PLEASE PRINT CLFARLY NAME: M f>t R.. r<::: l'1 Pc LL ~d?"/v\. = TaN ~I HOME ADDRESS: CITY: e IIv-( 4- 0" r 19- ZIP: RES. PHONE NO. BUS. PHONE NC__ REGISTERED VOTER IN CHULA VISTA: 9/9// X YES "NO DO YOU LIVE WITHIN THE CITY LIMITS OF CHULA VISTA? >< YES "NO HOW LONG? "i J tIF:!". .Youth Commission Applicants ONLY: School Attending ~-_._--------._--.._--._---._----------------------------------------.--.------------------------.------------------------ ------------.-----------------.--------..--.----.-..--..---------------.---------.-------.---------------.---------------- Grade: COLLEGES ATTENDED & DEGREES HELD: tJ~NA C",1/,.(9a~ C NG<Gtt..) , r.. TZC" ""'''M t 1:-0 PRESENT EMPLOYER: ~ ~t"p Ir-M.-fNJ9"pO POSITION: Iv! ~fJ.. slfr7t:1r. '.J.n-Lt.cr>'~ WHAT ARE YOUR PRINCIPAL AREAS OF INTEREST IN OUR CITY GOVERNMENT AND WHAT EXPERIENCE(S) OR SPECIAL KNOWLEDGE CAN YOU YOU BRING TO THOSE AREAS? ./'V"- "to I'?L. ~ - Ct:J~ROC.'I-7d"'" 8~rN't:-~ S:, ~:~L ~:~ WJldJ..r;.,g4J.~ el.bt lY1&rr~I2.0~f. 6'1'5'3"-Plt.I..)A/ C'Jlul./fJ, ;;~\ . ~ w~p /J,D ()P.sln.~'t'''L ~~~ -t/l.?S'fY fJ/J..1'I.It:..G.s~ :z: AI~#"'~ (lD-I"(c:.n :...~~:~ ._ i;:Yf/PD.; '&-Na.~ "/ I'{ 'rf{IS IJ-O.fF4-, (I'~1 71) 'P1?~(;Il't PPdf~ In(};"''r~ f.?,vV- ~f:; WHAT WOULD YOU HOPE TO ACCOMPLISH BY YOUR PARTICIPATION? 'C W" () I.. D iJo f~ W;I7-f In~ RI'olGf.<' l!J.-/2LJlJIlfD O'....Ll ~'fp~()..I&-"A/C;& r CtIGI"l..E:! ~~fc;:,fL, Orr..A\ f,::;.t!VJ- c. &- A- '" /) ~ 11-1\11> $.J 12... ~m:J C :rv ~ e s;. M 6'<......,.- I am familiar with the respon~ilities assigned to the Board/Commission/Committee on which I wish to serve. If~kLI ~~ /7/J// f'-7-?j/ SIGNATURE DATE . * * * PLEASE SEE THE REVERSE SIDE OF THIS APPLICATION FOR VERY IMPORTANT LEGAL INFORMATION * * * CC-Oll