HomeMy WebLinkAboutAgenda Packet 1993/03/09
". declare under penalty of perjury that I am
!!mployad by the City of Chula Vista in tha
Office of the City Clerk and that I posted
this Agan:la/Notice on the Bulletin Board at
Tuesday, March 9, 1!;!93the PUbIJ~9 Building and at City 'Ill on
6:00 p.m. DATED" SIGNED ..
RestUlar Meetins! of the City of Chula Vi
Council Chambers
Public Services Building
CAll. TO ORDER
1.
ROLL CAIJ.:
Councilmembers Fox -' Horton -' Moore ~ Rindone ~ and Mayor
Nader _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3. APPROVAL OF MINUTES: None submitted.
4. SPECIAL ORDERS OF THE DAY: None submitted.
CONSENT CALENDAR
(Items 5 through 14)
The staff recommendlJtions regarding the following items 1isted under the Consent Calendar will be eJUJded by the
Council by 0IIe motion without discussion unless a Coutu:ilmembet; a member of the public or City staff requests
that the item be pulled for discussion. If you wish fa speak 011 0IIe of these items, please fill out a "Request fa
Speak Form" available in the lobby and submit it fa the City Clerk prior fa the meeting. (Complete the green form
fa speak in favor of the staff recomnrendmion; complete the pink form fa speak in opposition fa the staff
recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission
RecommendlJtions and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter requesting flood control drainage from properties surrounding the Chula Vista Golf
Course - Harold G. Jones, 4040 Doral Way, Bonita, CA 91902-1315. It is therefore
recommended that staff advise Mr. Jones in writing that they are working with FEMA, the
County, the City of San Diego, and the Sweetwater Authority regarding this problem and
that the Council file this letter.
6. ORDINANCE 2544 AMENDING SCHEDill.E X, SECTION 10.48.050 OF THE MUNICIPAL CODE,
DECREASING STATE lAW MAXIMUM SPEED UMITS IN CERTAIN AREAS,
MAIN STREET/OTAY VAUE'l ROAD FROM 1-5 TO 1-805 (second readinJ[
and adoption) - In order to minimize traffic hazards and congestion and
promote public safety, speed prohibitions on these streets should be
authorized by ordinance. A review of trial traffic regulations initiated by
the City Engineer, under the authority of the Municipal Code, show that
these regulations are operating effectively and should be made permanent.
Staff recommends Council place the ordinance on second reading and
adoption. (Director of Public Works)
7. RESOLUTION 17023 APPROVING A MODIFICATION TO THE AGREEMENT WITH LETTIERI-
MCINTYRE AND ASSOCIATES (MARY MAY) AND THE BALDWIN VISTA
ASSOCIATES FOR PROFESSIONAL SERVICES TO ASSIST THE OTAY
RANCH TEAM GENERAL MANAGER AND AUTIlORlZlNG THE MAYOR TO
EXEClITE SAID AGREEMENT - The purpose of the modification is to
increase the level of assistance to the Dtay Ranch Team General Manager
for March and April, 1993. Staff recommends approval of the resolution.
(Deputy City Manager Kremp!)
Agenda
-2-
March 9, 1993
8. RESOLlITION 17024 REJECl1NG NON-RESPONSIVE BIDS, ACCEPTING TWO BIDS AND
AWARDING CONfRACf FOR 1HE PURCHASE OF DESKTOP PERSONAL
COMPUTERS - Bids were received on 2/12/93 for the purchase of desktop
personal computers for use City-wide. The equipment was approved in the
Fiscal Year (FY) 1992-93 budget. Staff recommends approval of the
resolution. (Director of Finance)
9A RESOLlITION 17012 REVISING TENTATIVE MAP CONDITION OF APPROVAL E OF muLA
VISTA TRACf 92-05 AND CONDmON OF APPROVAL I.1 OF muLA VISTA
TRACf 93-01 (RESOLlITION 16900) - On 11/11/92, by Resolution 16900,
Council approved the Tentative Subdivision Maps for Tracts 92-05 and 93-
01, Rancho del Rey Commercial Center west and east, respectively. The
final maps and associated agreements for both subdivisions are now before
Council for approval. Staff recommends approval of the resolutions.
(Director of Public Works) Continued from the meeting of 3/2/93.
B. RESOLlITION 17013 APPROVING 1HE FINAL MAP AND SUBDMSION IMPROVEMENT
AGREEMENT AND AunIORlZING 1HE MAYOR TO SIGN 1HE MAP AND
EXECUTE SAID AGREEMENT FOR TRACf 92-05, RANCHO DEL REY
COMMERCIAL CENTER WEST
C. RESOLlITION 17014 APPROVING 1HE FINAL MAP AND SUBDMSION IMPROVEMENT
AGREEMENT AND AunIORlZING 1HE MAYOR TO SIGN 1HE MAP AND
EXECUTE SAID AGREEMENT FOR TRACf 93-01, RANCHO DEL REY
COMMERCIAL CENTER EAST
D. RESOLlITION 17015 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT
AGREEMENTS TO SATISFY CONDmONS OF APPROVAL M, N, 0 AND P
OF TRACf 92-05 AND CONDmONS OF APPROVAL S, T, U AND V OF
TRACf 93-01 AND AunIORlZING 1HE MAYOR TO EXECUTE SAME
E. RESOLlITION 17016 AIlTIIORlZING 1HE MAYOR TO EXECUTE DEEDS QUITa.AIMING ANY
TITLE INfEREST IN PROPERTIES TO BE OWNED BY 1HE OlliER
PARTIES SIGNlNG 1HE MAPS APTER RECORDATION OF SAID MAPS
lOA RESOLlITION 17025 APPROVINGFINALMAPANDSUBDMSIONIMPROVEMENTAGREEMENT
FOR muLA VISTA TRACf 91-01, SALT CREEK I CONDOMINIUMS - On
4/21/92, Council approved the Tentative Subdivision Map for Chula Vista
Tract 91-01, Salt Creek I Condominiums. The final map for said tentative
map is now before Council for approval. Staff recommends approval of the
resolutions. (Director of Public Works)
B. RESOLlITION 17026 APPROVINGSUPPLEMENTALSUBDMSIONIMPROVEMENTAGREEMENT
REGARDlNG CONDmONS 23, 24, AND 25 AND AunIORlZING 1HE
MAYOR TO EXECUTE SAME
C. RESOLlITION 17027 APPROVING AN AGREEMENT WITH F.N. DEVELOPMENT COMPANY
BRAVO AND OTAY WATER DISTRICf TO COMPLY WITH CONDmON
NUMBER 18 AND AunIORlZING 1HE MAYOR TO EXECUTE SAME
11. RESOLlITION 17028 ORDERING 1HE 01Y ENGINEER TO PREPARE AND PILE A REPORT FOR
01Y OPEN SPACE MAINTENANCE DISTRICf TEN FOR PISCAL YEAR (PY)
1993-94 - In order to begin the process of levying the annual assessment
for parcels within Open Space District Number Ten, the City Engineer must
prepare and file an annual report. The resolution begins the process of
renewal for Py 1993-94. Staff recommends approval of the resolution.
(Director of Public Works)
Agenda
-3-
March 9,1993
12. RESOLUTION 17029 ORDERING TIiE CITY ENGINEER TO PREPARE AND FILE REPORTS FOR
ALL CITY OPEN SPACE MAINfENANCE DISTRICIS FOR FISCAL YEAR (FY)
1993-94, EXCEPT DISTRICT TEN - In order to begin the process of levying
the annual assessment for parcels within all open space districts, the City
Engineer must prepare and me an annual report for each district. The
resolution begins the process of renewal for FY 1993-94. Staff recommends
approval of the resolution. (Director of Public Works)
13. REPORT APPUCATION FOR GRANT FUNDS FROM TIiE FEDERAL DEPARTMENT
OF EDUCATION, UBRARY SERVICES AND CONSTRUCflON ACT (LSCA)
TITLE I FUNDS FOR AMERICANS WITIi DISABIUTIES ACT COMPUANCE -
The State Librarian has made available Federal LSCA funds to develop a
model library service program for people with disabilities. The grant
requests $30,000 to implement a model library program to serve disabled
individuals with the installation of auxiliary aids, adaptive technology, and
furnishings in accordance with the Library's draft service plan for
compliance as mandated by the Americans with Disabilities Act. Staff
recommends Council accept the report and ratify the application. (Acting
Library Director)
14. REPORT UNDERGROUNDING OF UTILITIES IN CONJUNCflON Willi
INSTAUATION OF STREET IMPROVEMENIS ON FOURlli AVENUE FROM
KITllWAKE STREET TO DEL REV HIGH SCHOOL - The Fiscal Year (FY)
1989-90 Capital Improvement Project (C1P) contained a project to construct
curb, gutter, and sidewalks; a traffic signal upgrade; storm drain system
installation; and other appurtenant improvements on Fourth Avenue from
Kittiwake Street to Del Rey High School. Provisions were not made for the
undergrounding of utilities in conjunction with the project. Design has
been completed and staff is ready to advertise for competitive bidding.
Before that can be done, staff is requesting Council's confirmation of the
project's exclusion of undergrounding of utilities. Staff recommends
Council accept the report. (Director of Public Works)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
TM following items have been advertised and/or posted as publit: hearings as required by law. If you wish to speok
to any item, p1eose fill out the "Request to SpeIlk Farm" available in the lobby and submit ir to the Cily Clerk prior
to the meeting. (Complete the green farm to speok in favor of the staffrecommendDlion; complete the pinkfarm
to speok in opposition to the staff recommendation.) Comments are limited to five minu1es per individual.
15.
PUBUC HEARING
CONSIDERATION OF COASTAL DEVELOPMENT PERMIT NUMBER 64 TO
DEVELOP A GOLF DRIVING RANGE, BATTING AND PITCHING CAGES,
AND NECESSARY USES ON FIFTII AVENUE NORlli OF "C" STREET - The
project involves construction of an athletic and sport recreational center on
approximately nine acres located on Fifth Avenue north of "CO Street within
the Inland Parcel of the Local Coastal Program. Continued from the
meeting of 2/23/93. Staff recommends Council continue the item bv
directiruz staff to re-notice the public hearin2 when a new hearin2 date has
been determined. (Director of Community Development)
Agenda
-4-
March 9, 1993
16.
PUBlJC HEARlNG
VARIANCE ZAV-93-06; APPEAL OF TIiE DEQSION OF TIiE PLANNING
COMMISSION TO DENY A REQUEST TO REDUCE TIiE REQUIRED
SIDEYARD SETBACK FROM TEN FEET TO SIX FEET AT 140 MANKATO
STREET - GERAlD DREWETT FOR CORA MARGUIA - The proposal seeks
to reduce the sideyard setback from 10 feet to 6 feet in order to construct
a 15 foot by 33 foot (495 square feet) carport on the westerly side of the
dwelling at 140 Mankato Street in the R-l zone. The Zoning Administrator
denied the request on 12/14/92, and the Planning Commission affIrmed
the decision and denied an appeal on 1/27/93. The matter has been
appealed by Council. ReQuest bv the applicant to continue to 3/23/93.
(Director of Planning)
ORAL COMMUNICATIONS
This is an opportunity for the general publil: to address the City CoundI 011 any subject malleT wiIhi1I the CoundI's
jurisdiction that is not an iton 011 this agenda. (StiJU law, however, generaIIy prohibits the City Coundl from
taking aaion 011 any issues not induded 011 the posted agenda.) If you wish to address the CoundI 011 sudI a
subject, p/eJlse comp1ete the yeHow "Request to Speak lJnder Oral Communications Form" available in the lobby
and submit it to the City Clerk prior to the muting. Those who wish to speak, p/eJlse give your nmne and address
for record J1U111OSe9 and follow up aaion. YOIU time is limited to three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City CoundI will consider items whidl have been forwarthd to them for consideration by 0IIe
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantUll discussions and deliberations by the
COUIIciI, staff, or members of the general public. The items will be considered individually by the CoundI and stoff
recommendations may in certain CllSU be presented in the al1emative. Those who wish to speak, p/eJlse fiJl out
a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. Publil:
comments are limited to five minutes.
17. RESOLUTION 17030 SUPPORTING TIiE ENVIRONMENTAL HEALTH COALITION'S PROGRAM
GRANT APPlJCATIONTO TIiEEPA'S NEAR COASTAL WATERS PROGRAM
FOR TIiE DEVELOPMENT OF A NON-POINT SOURCE POLLUTION
REDUCTION EDUCATIONAL PROGRAM FOR TIiE CI1Y; AND
COMMITTING TO A FIVE PER CENT MATCH OF TIiE GRANT, NOT TO BE
MORE THAN $5,000, IN TIiE FORM OF IN-KIND CONTRIBUTIONS OR
EXISTING STORM DRAIN REVENUE FUNDS - In accordance with Order
Number 90-42, National Pollutant Discharge Elimination System (NPDES)
Permit Number CAI08758, the City is required to implement a
'Nonstructural Best Management Practice (BMP's)' program in order to
comply with the NPDES permit requirements. Nonstructural BMP's would
include measures or practices the City may employ that do not involve
capital investment, but emphasize pollution prevention practices and
education. Staff recommends approval of the resolution. (Administration
and Director of Public Works)
Agenda
-5-
March 9, 1993
18. RESOLUTION 17020 CONCEPTIJALLY APPROVING 1HE FUNDING NOT TO EXCEED $700,000
TO SOU1HBAY COMMUNI1Y SERVICES FOR ACQillSITION AND FIRST-
YEAR OPERATION COSTS OF A FOURTEEN UNIT APARTMENT BillIDING
AT 31 FOURTH AVENUE TO BE USED AS A SHORT TERM HOUSING
FACIU1Y - South Bay Community Services (SBCS) is interested in
acquiring a 14-unit apartment complex to develop a short-term housing
facility to serve homeless families in the South Bay. The site is adjacent to
the transitional housing project which will enable both projects to be
managed together. It is also close to National City, which has been
contacted to fmancially participate in the project. SBCS is submitting
grants for county, state, and federal funds and needs conditional site
approval. Continued from the meeting of 3/U93. Staff recommends item
be continued to 3123/93. (Director of Community Development)
19. REPORT PCA-93-02: MODIFICATION TO FLOOR AREA RATIO REQillREMENTS
FOR SINGLE FAMILY RESIDENTIAL ZONES - On 1/12193, Council
considered a report on Floor Area Ratio (PAR) requirements and directed
staff to return with a report on using a sliding scale with a minimum FAR
of 0.50 for smaller lots which would provide an exemption for open patio
covers and porches. Staff recommends Council direct staff to return with
an ordinance to establish a sliding scale with an FAR of 0.50 for lots under
7,000 square feet and an exemption for open patio covers of not more than
300 square feet. (Director of Planning)
ITEMS PULLED PROM 1HE CONSENT CALENDAR
17ais is the time the CiJy Council will discuss iJems which hove been removed from the Consent Calendar. Agenda
iJems pulled at the request of the publU: will be considered prior to those pulled by CounciJnremben. PubIU:
commenls are limited to five minutes per individuoL
01HER BUSINESS
20. CllY MANAGER'S REPORTCSl
a. Scheduling of meetings.
21. MAYOR'S REPORTCSl
22. COUNCIL COMMENTS
Councilwoman Horton
a. Lesrislation Reouirinl! Council Action - A8193 (Goldsmith) - Prevailing wage exemptions.
Agenda
-6-
March 9,1993
Councilman Moore
b. Council action regarding the retention of Montgomery Planning Committee and/or merger
with Southwest PAC.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Pending litigation pursuant to Government Code Section 54956.9 - Velazquez vs. the City of Chula
Vista, et al.
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on March
16, 1993 at 6:00 p.m. in the City Council Chambers.
An Adjourned and Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately
following the City Council Meeting.
March 4, 1993
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
John D. Goss, City Manager11
City Council Meeting of March 9, 1993
This will transmit the agenda and related materials for the regular City Council
meeting of Tuesday, March 9, 1993. Comments regarding the Written COlll1lunications
are as follows:
Sa. This is a letter from Hr. Harold Jones of 4040 Dora1 Way stating his
backyard has been flooded severa 1 times th i s year, and asks who the
residents of Bonita Verde Estates can sue. He also requests that the City
get people to meet together in an effort to get something done.
The Bonita Verde Estates was mapped under Subdivision map number 5270 in
1963. The title sheet of the map contains the following statement:
We the undersigned hereby certify that we have examined each lot
shown on the annexed map as to its suitability for residential
purposes. This subdivision is located in the floodplain of the
Sweetwater Valley, and is therefore, subject to infrequent
inundation and soil erosion resulting from floodwaters. As a result
of this inundation, it is possible that damage will be sustained.
Therefore, the subdivision is suitable for residential purposes
except to the extent of this potential damage.
Signed:
City Engineer
Director of Planning
In addition, every sheet of the map has the words "Subject to infrequent
flooding" written across each sheet. Therefore it is clear that when the
map was approved flooding of the nature experienced by Mr. Jones this year
was anticipated to occur. A field review of the subdivision also
indicated that the pads for the homes and the streets were filled to a
higher elevation than the backyards, and that the backyards would
experience inundation on a more regular basis than the streets and pads.
Therefore, from both constructive notice on the map and from visual
inspections the property owners should have been aware they would
experience this type of problem on an irregular basis. Further, the FEMA
floodplain maps indicates that the entire subdivision is in the floodplain
and, in order to protect his investment, Mr. Jones should have flood
insurance.
City staff is working with FEMA, the County, City of San Diego and
Sweetwater Authority to have the water pipelines downstream of the Willow
Street bridge lowered. These pipelines currently are above the flow line
of the channel and prevent the channel from flowing properly. A project
__'_"__"'_'_~"",:,..rr,....'~_"_~'_
that will lower the pipelines will pennit the channel flowline to be
maintained at the proper grade and will reduce, but not eliminate, the
possibility of flooding of the homes in Bonita Verde Estates.
THEREFORE, IT IS RECOMMENDED THAT STAFF ADVISE MR. JONES IN WRITING OF THE
ABOVE FACTS AND THAT THE COUNCIL FILE THIS LETTER.
JDG:mab
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
It~~
Meeting Date 3/~ ~~
U r<..\O~ ~ 17
Ordinance 2. 5 4 1 Amending Schedule X, ~n 10.48.050 of
the Municipal Code - Decreasing State Law ~t~ Speed Limits in
Certain Areas - Main StreetlOtay Vall~ Item "1-5" to "I-80S"
Director of Public Works ~~<;)' \9 .
City Manager! (4/Sths Vote: Yes_No.,X)
SUBMITI'ED BY:
REVIEWED BY:
In order to minimize traffic hazards and congestion and for the promotion of public safety, speed
prohibitions on these streets should be authorized by ordinance. A review of trial traffic
regulations initiated by the City Engineer under the authority of the Municipal Code show that
these regulations are operating effectively and should be made permanent.
RECOMMENDATION: That the City Council place the ordinance on first reading.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their meeting
of June 11, 1992, voted MSUC (Braden/Koester) to accept staff's establishing a Trial Traffic
Regulation to lower the speed limit on Main Street from Industrial Boulevard to Otay Valley
Road and Otay Valley Road from Main Street to 1-805 southbound ramps from 45 MPH to 40
MPH.
DISCUSSION: The City Engineer has determined that in the interest of minimizing traffic
hazards and congestion and for the promotion of public safety that the posted speed limit of 40
MPH be made permanent on the following roadway sections:
a) On Main Street from Industrial Boulevard to Otay Valley Road for both
directions.
b) On Otay Valley Road from Main Street to "I-80S" Freeway for both
directions.
The speed limit on Main Street and Otay Valley Road is currently posted at 40 MPH. The
Traffic Engineer's Survey showed 85th percentile speeds on Main Street of 39 MPH between
Industrial Blvd. and Broadway, 41 MPH between Broadway and Fourth Avenue, 43 MPH
between Fourth Avenue and Albany Avenue and 43 MPH between Albany Avenue and Otay
Valley Road. Main Street and Otay Valley Road are primarily a commercial district with some
residential homes.
~ t,-j
Page 2, Item~
Meeting Date 3/2/93 ......,
The speed limit normally should be established at the first five mile per hour increment below
the 85 percentile speed. Per Section 627 of the California Vehicle Code, staff has evaluated the
prevailing speeds, accident records and highway, traffic and roadside conditions and has
determined that over the past seven months, prevailing speeds have been reduced and accident
rates have remained unchanged.
Said regulations were initiated on a trial basis upon the posting of tt e signs on July 27, 1992.
Staff has reviewed the above installations and determined the prohibition should be made
permanent.
SCHEDULE X - ; DECREASING STATE LAW MAXIMUM SPRRn LIMITS IN
CERTAIN AREAS
Name of Street Be~innin~ At Endine: At Speed Limit
Main Street "1-5" Freeway Otay Valley Road 40 MPH
.ED & WB
Otay Valley Road Main Street "I-80S" Freeway 40 MPH
.ED & WB
.ED & WB - Eastbound and Westbound
-.,
A,review of the traffic conditions at both locations show that they ..re operat:iJ'l~ effectively.
Therefore, staff recommends that the City Council adopt the ordim~ce amending Schedule X
of the Chula Vista Municipal Code Section 10.48.050.
FISCAL IMPACT: Not applicable.
Attachments: Area Plat
EngineeringfTraffic Survey
Trial Traffic Regulation #112
FileNo.: CY.(1T1
WPCP:_~\460.93
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SPEED LIMIT--ENGINEERING/TRAFFIC SURVEY:
r
STREET:
LIMITS:
Main ~tt'eet
"""'"
Industrial Blvd. - Otay Valley Road
Existing Posted Speed Limit
40
~PH sign~ posted on 7/17/92
~Y OF SPEED Sl.lRVEYS
Industrial Blvd
to Broadway
::'
No Vehicles on Sample:
85th Percentile Speed:
Range of Speeds Recorded:
1/20/93
100
39
24-47
Broadway Fourth Ave. Albany Ave.
to Fourth Ave. to Albany Ave. to Otay Valley]
1/21"/93 1/21/93 1/22/93
100 100 100
41 43 43
23-50 22-49 24-55
Segment:
Date Taken:
,ROADWAY CHARACTERISTICS
Width
64 - 82
feet No. of Lanes for Both Directions
4
Horizontal Alignment Tangent
Vertical Alignment +4.89% to 4.52% over 1.000' V.C. east of Sycamore Dr. desiRn speed
~FIC CHARACTERISTICS
47 MPH
Average Dally Traffic
On-Street Parking
19.860 - 22.310
.-.,
Generally restricted.
Special Conditions Mostly commercial and industrial. Most segments of Main Street
have unimproved shoulders (missing curb. Rutter and sidewalks).
Accident History Accident rate (2.58 accidents Der million-vehicle-mile) ts lower than
the average accident rate (3.99) for similar roadways in the State of California.
WRVEY RESULTS.
Study was Prepared by
Francisco X. Rivera
Date
02 .. 18 -- 93
Recommendation Retain 40 MPH sDeed limit which was established via a trial traffic
. re ulation on June 30 1992.
Date Recommendation Approved: O;J.. --I' _. ~ 3
1'.... By 7-~<4t.o X. ~~
Approved Speed Limit 40 ~PH
Per evc 40803, Survey Expires 01 -- 20 -. ClR
[C:\ WPS l\TRAFFIC.FRM]
~~-i
..-..
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ORDINANCE NO. 2.S 41.f 5:)0<<"'-
~
AN ORDINANCE AMENDING SCHEDULE X, sQTION .
10.48.0S0 OF THE CHULA VISTA MUNICIP~~ODE _
DECREASING STATE LAW MAXIMUM SPEE~~~MITS IN
CERTAIN AREAS - MAIN STREET/OTA~~. EY ROAD
FROM "I-S" TO "I-80S" s> '<"
WHEREAS, the Safety Commis ~..,~ at their meeting of June
11, 1992, voted MSUC (Braden/K~~r) to accept staff's
establishing a Trial Traffic Regulation to lower the speed limit on
Main Street from Industrial Boulevard to Otay Valley Road and Otay
Valley Road from Main Street to I-80S southbound ramps from 4S MPT~
to 40 MPH; and
WHEREAS, the Traffic Engineer performed a Traffic and
Engineering Survey in January, 1993, the results of which justify
lowering the prima facie speed limit to 40 mph; and
WHEREAS, a review of trial traffic regulations initiated
by the City Engineer under the authority of the Municipal Code show
that these regulations are operating effectively and should be made
permanent by ordinance.
NOW, THEREFORE, the City Council of the City of Chula
Vista does ordain as follows:
SECTION I: That Schedule X of Section 10.48.0S0 of the
Chula Vista Municipal Code, Decreasing State Law Maximum Speed .
Limits in Certain Areas, is hereby amended to include the following
changes on Main Street/Otay Valley Road from I-S to I-80S:
SCHEDULE X -
DECREASING STATE LAW MAXIMUM SPEED LIMITS IN
CERTAIN AREAS
Name of
Street
Main Street
*EB " WB
Beqinninq
At
Endinq At
St;>e7d
L1m1t
40 MPH
Otay Valley
Road
*EB " WB
*EB " WB - Eastbound and Westbound
"I-S"
Freeway
Main
Street
Otay Valley
Road
"I-80S"
Freeway
40 MPH
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its
Bruce M.
Attorney
.
Presented by
John P. Lippitt, Director of
Public Works
f:_\oIIcnley\460.93
6-1
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~bc-/- u, ''I Il(,.,. ..'.....
'. ~. ... ,..,. l .." I". .
l I
June 30, 1992
File: CY-027
TO:
Honorable Mayor and City Council
hn D. Goa., City Manager~
Jo n P. Lippitt, Director of Public
Tria T~affic Regulation ~
VIA:
FRO,.::
SUBJEC'I':
Punuant to the pro dons of Section 10.12.03 of the Chula
Vista Municipal Code, dopted by Ordinance No. 625 on May 27,
1975, the City Enginee has determined that i the interest of
minimizing traffic hazar s and congestion and or the purpose of
the promotion of public s fety, there i. here established
SCHEDULE X -
SPEED LIMI'I'S IN
Nam@ of street:
Propoaed
SDeed Limit:
.--'
Main street
* EB & WB
Otay Valley
Road
* EB & WB
40 M.P.H.
,,-..
Main Street
"I-80S"
Freeway
40 M.P.H. .
* EB & WB . Eastbound and Westbo
'I'he speed limit on Main Street and Ota Valley Road ia a posted
45 M.P.H. ering Stu , as required by State
Law, was conducted. 'I'he area tudy showe 85th percentile apeeds
on Main Street of 44 M. P. . between In strial Boulevard and
Broadway, 41 M.P.H. betwe n Broadway an Hermosa Avenue, 42
M.P.H. between Hermoaa enue and Alban Avenue, 47 M.P.H.
between Albany Avenue an Otay Valley Road, and on Otay Valley
Road of 45 M.P.H. betwee Main Street and Ole der Avenue.
Main Street and Otay Valley Road are prima ily a commercial
district. 'I'he speed ~ mit is presently posted a 45 M.P.H. Based
on the above radar s udies, the speed limit aha 1 be reduced to
40 M.P.H. on Main reet from the "1_5" Freewa to Otay Valley
Road and on Otay Va ley Road from Main Street to I -80S" Freeway.
r
.,-..
Said regulation t become effective upon the poati
other appropriat notice, and shall run for a tri
eight (8) months from the date of such posting, at
review of aaid regulation will be made to determine i
be made permanent.
of dgna or
1 period of
ich time a
it should
cc: Safety Commi.sion
(C:\DENNIS\TRIALSPD.DOC)
P7'\ 7 )J1 )~;
FXR:dmw
112
COUNCIL AGENDA STAlEMENT
Item 7
Meeting Date 03/09/93
I1EM TITLE: Resolution J ?p.J.3 Approving a Modification to the Agreement
between the City of Chula Vista and Lettieri-McIntyre & Associates,
(Mary May) and the Baldwin Vista Associates for Professional Services
to Assist the Otay Ranch Team General Manager, and Authorizing the
Mayor to Execute the Agreement
SUBMlllhD BY: Deputy City Manager Kremp{)V
REVIEWED BY: City Manage~ (4/5th Vote: Yes_No X)
The attached Agreement modification for project management and planning services with
Lettieri-McIntyre & Associates and Baldwin Vista Associates is for continuation of
temporary planning assistance. This request is a continuation and minor increase of the
same contract previously approved by the City Council. The assistance focuses on processing
of the General Development Plan and related documents for the approximately 23,OOO-acre
Otay Ranch Project. The Agreement has the concurrence of both the City of Chula Vista
staff and San Diego County staff and the Baldwin Company.
RECOMMENDATION: That Council approve the attached Agreement modification and
authorize the Mayor to sign on behalf of the City Council.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: In March, 1992, the Council approved a budget of $20,000.00 ($5,000.00 per
month) through June 30, 1992 for planning assistance to the General Manager to complete
certain tasks listed in Exhibit A. That contract was extended through September 30, 1992
and then through December, 1992 at the same rate. In January, 1993, a contract extension
was approved through April 30, 1993 with the monthly amount being reduced from $5,000.00
per month to $2,000.00 per month.
The planning tasks are proceeding and joint workshops on this project at the City Council/
Board of Supervisors level began in late July 1992. Public hearings at the Planning
Commission level began in December, 1992 and continue into March, 1993. The purpose
of this modification is to increase the level of assistance for March and April, 1993 an
additional $3,000.00 per month.
Attached is a proposed scope-of-work, schedule and costs of the above tasks (Exhibit A).
To continue to respond to that schedule, this request is being made to assign one Lettieri-
7-1
Page 2, Item 7
Meeting Date 03/09/93
McIntyre & Associates staff person (Mary May) to assist in coordination of such projects
as the Planning Commission referrals and the Public Participation Program, including public
hearing notice coordination and assistance during public hearings. Ms. May has City and
County experience having worked for the County as a planner and the City of Chula Vista
on Rancho del Rey and EastLake SPAs. The hourly rate for Ms. May is $55.00 per hour not
to exceed $5,000.00 per month. As stated, it was anticipated that involvement in 1993 could
be reduced to $2,000.00 per month since hearings would be coming to an end. In actuality,
the public hearings have been intensive and will continue through March at the Planning
Commission level. Also, RBF & Associates involvement has been reduced substantially, and
Lettieri-McIntyre has been able to provide a timely response to the Otay Ranch Executive
Staff Committee and Planning Commission on City/County issues. For Council information,
we would also note that Lettieri-McIntyre & Associates received $285,537.47 in FY 91-92
and $172,231.55 to date in FY 92-93 which included not only work on Otay Ranch, but work
for the City on EastLake Kaiser EIR, Palomar Trolley Center and some work on RDR SPA
III. We would also note that based on the nature of this Contract and the hourly billing as
well as the deposit account setup, it is not necessary to have a 10% retention requirement
in the Contract to be withheld by the City.
For all of the stated reasons, and with the acknowledgement that Baldwin Vista will
continue to deposit funds to reimburse the City in full, it is appropriate to approve this
Agreement modification.
FISCAL IMPACT: All costs will be paid to the City by the applicant. This amendment
increases the total net cost of the present Contract by $6,000.00, or from a maximum of
$4,000.00 to a maximum of $10,000.00 for the two-month period of March-April, 1993.
Attachments
memos#4:\marymay.113
?...~
RESOLUTION NO.
17~~;J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MODIFICATION TO THE
AGREEMENT BETWEEN THE CITY OF'CHULA VISTA AND
LETTIERI-McINTYRE & ASSOCIATES (MARY MAY) AND
THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL
SERVICES TO ASSIST THE OTAY RANCH TEAM GENERAL
MANAGER, AND AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT
WHEREAS, a modification of the Agreement between the city
of Chula vista and Lettieri-McIntyre & Associates and Baldwin vista
Associates for project management and planning services for
continuation of temporary planning assistance thru April, 1993 is
needed; and
WHEREAS, there is no change from the current level of
support service being provided; and
WHEREAS, the assistance will focus on processing of the
General Development Plan and related documents for the
approximately 23,OOO-acre Otay Ranch Project; and
WHEREAS, said modification has the concurrence of both
the city of Chula vista and San Diego County staff as well as the
applicant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby approve a Modification to the
Agreement between the City of Chula vista and Lettieri-McIntyre &
Associates, (Mary May) and the Baldwin vista Associates for
Professional Services to assist the Otay Ranch Team General
Manager, a copy of which is on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City Chula vi
Presented by
"]
George Krempl, Deputy City
Manager
Bruce M.
Attorney
C:\n\muymay
7- 3 / 1. 'f
CONTRACf FOR ASSISTANT SERVICES FOR
GENERAL MANAGER OF THE OTAY RANCH PROJECf
THIS AGREEMENT, dated this day of March, 1993 for the purpose of
reference only and effective as of the date last executed by the parties hereto, is between
the CITY OF CHULA VISTA, a Chartered municipal corporation ("City"), BALDWIN
VISTA ASSOCIATES, a California limited partnership ("Applicant") and LETTIERI-
McINTYRE & ASSOCIATES, INC. ("Consultant"), and is made with reference to the
following facts:
WHEREAS, City, Applicant and Consultant entered into an agreement dated
October 8, 1991 by which Baldwin agreed to pay for and Consultant agreed to provide to
the City general management services over the Otay Ranch Project in the person of
Anthony J. Lettieri ("General Management Services Agreement"); and
WHEREAS, the parties desire that the General Management Services are to be
augmented by an assistant to the person of Anthony J. Lettieri, the cost of which will be
paid for by Applicant.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant agrees to retain and assign to the Otay Ranch Project the person of Mary
May and shall require Ms. May to assist General Manager Lettieri from the effective
date of this Agreement until April 30, 1993 in the following areas:
a. Assist in providing response to Planning Commission inquires.
b. Provide project coordination services to include public agency and Applicant
contacts, critical path/flow chart preparation on a weekly basis and monthly
assignment sheets for each working group assigned to the Otay Ranch Project.
c. Assist General Manager Lettieri in the preparation for scheduling and
coordination of the Public Participation Program, including all work
associated with community planning groups, joint Planning Commission
workshops, Montgomery Planning Committee and other public presentations.
d. Perform such other duties as are assigned to her by General Manager Lettieri
to ensure the timely completion of the project.
2. Applicant agrees to compensate Consultant for the costs of retaining Ms. May for
March and April, 1993 at the rate of $55.00, not to exceed $5,000.00 in any month,
which compensation shall only be payable by City from the Otay Ranch Trust Fund,
and shall not be an obligation of the General Fund.
7-f'
3. All other rights, duties and obligations of the parties to the General management
Services Agreement shall remain in full force and effect except as may be specifically
augmented by this Agreement, except that this Agreement may be canceled upon 10
days notice.
CITY OF CHULA VISTA
LETTIERI-McINTYRE & ASSOCIATES
By:
Tim Nader, Mayor
By:
Anthony J. Lettieri, AlCP
ATTEST
By:
City Clerk
BALDWIN VISTA ASSOCIATES, L.P.
A CA Limited Partnership
By: Baldwin Builders, a CA
Corporation, General Partner
APPROVED AS TO FORM
By:
Gregory T. Smith, President
By:
Bruce M. Boogaard,
City Attorney
sr:\marymay.con
7-'
EXHIBIT "A"
SCOPE-OF-WORK
Lettieri-McIntyre & Associates (Ms. Mary May) will assist the General Manager in the
following areas:
a) Assist in providing response to Planning Commission inquiries as generated from
workshops and public hearings.
b) Providing project coordination services to include public agency and applicant
contacts and critical path/flow chart preparation.
c) Assistance in the preparation for scheduling, coordination and noticing of the Public
Participation Program, including all work associated with community planning groups,
joint Planning Commission and Board of Supervisors/City Council workshops and
other public presentations.
d) Other duties as assigned by the General Manager to ensure the timely completion
of the project.
SCHEDULE
The duration of this contract is two months, ending April 30, 1993.
COSTS
The above services are to be provided on an hourly basis not to exceed $5,000.00 per month
and a total of $10,000.00. The hourly rate is $55.00.
sr:\sow.ajl
7'7
COUNCIL AGENDA STATEMENT
Item
?'
ITEM TITLE:
Resolution
Rejecting
Awarding
Personal
17t!).; 1
Meeting Date 3/09/93
a Non-Responsive Bid, Accepting Bid and
Contract for the Purchase of Desktop
Computers
SUBMITTED BY: Director of Financet~
REVIEWED BY: City Manager fjJ (4/5ths Vote: Yes_No--X-)
Bids were received and opened on February 12, 1993 in the office of
the Purchasing Agent for the purchase of sixteen desktop personal
computers as approved in the FY 92-93 budget.
RECOMMENDATION:
That Council accept the bids and award the contract to Dell
Computer Corporation.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable
DISCUSSION:
Bid proposal forms were mailed to seven (7) prospective vendors
with four (4) submitting the following bids:
Vendor Brand Bid Amount Inc. Taxes
Inacomp Compaq "Prolinea" $51,783.57
San Diego
Dell Marketing Corp Dell "M Series" 52,052.95
Austin, Texas
Sears Business Center Compaq "prolinea" 52,403.14
San Diego
Comp USA Dell "M Series" 53,797.42
San Diego
Bid specifications required a mid-size design (M Series) personal
computer with room for expansion and upgradeable capability. The
Inacomp bid was for the Compaq "prolinea" model which does not meet
the City'S bid specifications. Although compaq also manufactures
the "Deskpro/i" and "Deskpro/m" models, both of which meet the bid
specifications, the vendor chose not to bid these models.
~,/
Bid specifications called for the M series design for expansion and
upgradeable capability for the following reasons:
1. Several of the machines for Engineering require the
installation of two floppy disk drive, one for 5/4" diskette,
one for 3 1/4" diskette and an internal back up tape system.
2. Most of these computers will eventually be connected to the
Geographic Information System. In order to connect to the
GIS, several requirements must be met including the amount of
system memory available, the speed and memory capability of
the video, and the microcomputers ability to connect to
various neetworks. This will require more than three
expansion slots.
3. The trend in microcomputer software is toward larger and more
powerful packages which are written to provide the means for
businesses to work more efficiently. As the software packages
grow, so does the requirement for larger hard disk storage
space. The M series normally have the capability to expandto
650 MB.
Four of the key areas that the compaq "Prolinea" did not meet
specifications are listed below:
ComDaa Dell
External Drive Bays 2 3
Expansion Slots 3 6
System Board expandable to expandable to
32MB 64MB
Internal Hard Drive expandable to expandable to
240MB 650MB
The bid of the Dell Computer Co. meets specification and the
Director of Information Systems recommends the purchase from this
vendor.
The computers are budgeted for in the following departments: Parks
& Recreation (3), Environmental Management Division (1), Finance
(1), Police (2), community Development (1), Fire (1) and
Engineering (7).
FISCAL IMPACT:
The funds are provided for in the FY 92-93 budget. A total of
$24,360.12 will come from the General Fund with the balance of the
funding being derived from the Capital Improvement Fund, Sewer
Funds, and the Redevelopment Agency.
8"~
RESOLUTION NO.
I 7o~ L/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REJECTING NON-RESPONSIVE BIDS,
ACCEPTING TWO BIDS AND AWARDING CONTRACT FOR
THE PURCHASE OF DESKTOP PERSONAL COMPUTERS
WHEREAS, the following four bids were received and opened
at 2:00 p.m. on February 12, 1993 in the office of the Purchasing
Agency for the purchase of sixteen desktop personal computers as
approved in the FY 92-93 budget:
Vendor
Brand Bid
Amount Inc. Taxes
Inacomp
San Diego
Compaq "prolinea"
$51,783.57
Dell Marketing Group
Austin, Texas
Dell "M Series"
$52,052.95
Sears Business Center
San Diego
Compaq "prolinea"
$52,403.14
Comp USA
San Diego
Dell "M Series"
$53,707.42
WHEREAS, bid specifications required a mid-size design (M
Series) personal computer with room for expansion and upgradeable
capacity and the Compaq bid was on the "Prolinea" line which is the
competitive market model and unacceptable; and
WHEREAS, the Dell Computer bid was the M Series as
specified and the bid of Dell Marketing Group meets specifications
and the Director of Information Systems recommends the purchase
from this vendor.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula vista that the Inacomp and Sears Business Center bids
were non-responsive, and same are rejected.
BE IT FURTHER RESOLVED that the City Council of the city
of Chula vista does hereby accept the two remaining bids and awards
the contract for the purchase of Desktop Personal Computers to Dell
Marketing Group in the amount $52,052.95.
1
8',3
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula vi
Presented by
Lyman Christopher, Director
of Finance
ruce M.
Attorney
F:\homelAttomeylPCbid
2~o/
TO f
ITEM TITLE: /J,
8.
p
..-
~.
SUBMITTED BY:
REVIEWED BY:
. COUNCIL AGENDA STATEMENT
Item~~
Meeting Date~ Y,?1)'
Resolution I,D l;t Revising Tentative Map Condition of
Approval E of Chula Vista Tract No. 92-05 and Condition of Approval I.1
of Chula Vista Tract No. 93-01 (Resolution 16900)
Resolution \ l D l ~ Approving the Final Map and Subdivision
Improvement Agreement and authorizing the Mayor to sign the map and
execute said agreement for Chula Vista Tract 92-05, Rancho del Rey
Commercial Center West
c'
Resolution \ I D I ~ Approving the Final Map and Subdivision
Improvement Agreement and Authorizing the Mayor to sign the map and
execute said agreement for Chula Vista Tract 93-01, Rancho del Rey
Commercial Center East
Resolution \ I D, 5 Approving Supplemental Subdivision
Improvement Agreements to satisfy conditions of approval M, N, 0 and
P of Chula Vista Tract No. 92-05 and conditions of approval S, T, U and
V of Chula Vista Tract No. 93-01 and authorizing the Mayor to execute
same
Resolution \ l D I (.p Authorizing the Mayor to execute deeds
quitclaiming any title interest in properties to be owned by the other
parties signing the maps after recordation of said maps
Director of Public Work~~
City Manager? (4/5ths Vote: Yes_No.lO
On November 11, 1992, by Resolution No. 16900, the City Council approved the Tentative
Subdivision Maps for Chula Vista Tracts 92-05 and 93-01, Rancho del Rey Commercial Center
west and east, respectively. The final maps and associated agreements for both subdivisions are
now before Council for approval.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Condition of Approval E for Chula Vista Tract No. 92-05 and Condition of Approval 1.1 for
Chula Vista Tract No. 93-01 state as follows.
----
) '1--1
Page 2, Item ~ ~q
Meeting Da~ :J~}
"Guarantee and construct the following offsite street improvements:
East "R" StreetlPaseo del Rey: Add second northbound exclusive
left turn lane, add northbound exclusive right turn lane, add
westbound exclusive right turn lane, add second southbound
exclusive left turn lane, add second southbound through lane, and
add one eastbound exclusive right turn lane. Retaining wall shall
be incorporated into the design of improvements that require
roadway widening.
Obtain and dedicate all offsite right-of-way necessary for said
improvements. "
The retaining walls were originally required to retain the quality of the habitat in Rice Canyon.
During preparation of the grading plans for that intersection, the developer proposed to regrade
(fill) the manufactured slopes to accommodate the widening as an alternative to installing a
retaining wall. A survey conducted by Recon environmental consultants on February 22, 1993
(see Exhibit E) concludes that the impacts associated with regrading the slopes can be mitigated
by replanting with native vegetation which in turn would improve the biological quality of the
area. If a retaining wall is used, most of the existing non-native vegetation (eucalyptus, acacia)
will remain. The study states that the eucalyptus plantings would create an increasingly adverse
effect on the native vegetation of Rice Canyon.
Staff agrees with the findings of the study and recommends that the requirement to incorporate
retaining walls be deleted. Condition of Approval E (Chula Vista Tract No. 92-05) and 1.1
(Chula Vista Tract No. 93-01) are proposed to be modified as follows.
"Guarantee and construct the following offsite street improvements:
East "R" StreetlPaseo del Rey: Add second northbound exclusive
left turn lane, add northbound exclusive right turn lane, add
westbound exclusive right turn lane, add second southbound
exclusive left turn lane, add second southbound through lane, and
add one eastbound exclusive right turn lane. The improvements,
associated grading and landscaping shall be to the satisfaction of
the City Engineer and City Landscape Architect.
Obtain and dedicate all offsite right-of-way necessary for said
improvements. "
In addition, the following two items as recommended in memo from Diane Richardson,
Environmental Projects Manager, dated February 24, 1993 (see Attachment 1) have been
incorporated in the grading and landscaping and irrigation plans for the East "R" Street and
Paseo del Rey widening project.
1~7
.r' ;.#CJ
Page 3, Ite~, '
Meeting Date~ ~~)"
1) The disturbance at the toe of the slope at the East "H" Street/Paseo del
Rey intersection shall be not greater than 10 feet, or to the concrete brow
ditch. No disturbance beyond the grading shown along East "H" Street
across from Avila Way will be allowed.
2) Graded slopes and disturbed areas must be revegetated with native species
only. Plant types must be approved by the consulting biologist
The Final Map for Chula Vista Tract No. 92-05 - Rancho del Rey Commercial Center West has
been reviewed by the Public Works Department and found in substantial conformance with the
approved tentative map. Chula Vista Tract 92-05 consists of one commercial lot and one open
space lot (see Exhibit A). Approval of the Final Map constitutes acceptance of Lot E for use as
open space, public utilities and other public uses and acceptance of easements for drainage, sewer
and access purposes within the subdivision. Also, by approving this map the City is granting a
private drainage easement to Lot 1 across open space Lot E (see Exhibit B). Pursuant to Section
66499.20\.2 of the Subdivision Map Act, approval of this map also constitutes the abandonment
of those portions of Plaza Court and all public easements not shown on the Map.
The final map for Chula Vista Tract 93-01, Rancho del Rey Commercial Center East has been
also reviewed by the Public Works Department and found in substantial conformance with the
tentative map. This development consists of 7 commercial lots and 5 open space lots (see
Exhibit C). Approval of the Final Map constitutes acceptance of Lots V, W, X, Y and Z for
open space, public utilities and other public uses and acceptance of easements for sewer, general
utilities, and other public uses and acceptance of easements for sewer, general utilities, access
and irrigation purposes as shown on subject map (see Exhibit D). Pursuant to Section 66499.20\.2
of the Subdivision Map Act, approval of this map also constitutes the abandonment of those
portions of Tierra del Rey, Paseo del Rey and all public easements not shown on the map.
Approval of these maps will also approve the boundary adjustment between McMillin properties
and open space lots owned by the City. These open space lots are shown on the maps. Council,
by authorizing the Mayor to sign the maps, will be conforming to the Municipal Code and the
Subdivision Map Act which require the signature on the map of all parties owning record title
interest in the land subdivided.
To complete the boundary adjustment, the City and the developer will have to execute and record
deeds quitclaiming any title interest in properties to be owned by the other parties signing the
map. Weare herein requesting authorization for the Mayor to sign those documents on behalf
of the City. The quitclaim deeds are necessary to clear the title of the lots to be retained by the
developer since the City is signing the map as an owner.
The developer has executed and submitted to the City supplemental subdivision agreements to
comply with conditions of approval M, N, 0 and P of Chula Vista Tract No. 92-05 Tentative
Map and conditions of approval S, T, U and V of Chula Vista Tract No. 93-01 Tentative Map
(Resolution 16900).
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!- q'- 3
~J-M
Page 4, Item
Meeting Dat /2/93 ..y~ }
Conditions M (Chula Vista Tract 92-05) and S (Chula Vista Tract 93-01) require the developer
to hold the City hannless from any liability due to erosion, siltation or increased flow.
Condition N (Chula Vista Tract 92-05) and Condition V (Chula Vista Tract 93-01) requires the
developer to agree that the City has the right to withhold building permits while development
thresholds are deficient.
Condition 0 (Chula Vista Tract No. 92-05) and T CChula Vista Tract No. 93-01) requires the
developer to defend, indemnify and hold harmless the City from any action against any approval
of the City with regard to this subdivision.
Condition P (Chula Vista Tract No. 92-05) and Condition U (Chula Vista Tract No. 93-01)
requires the developer to insure equal opportunity to all franchised cable television companies.
Staff has reviewed said agreements and has found them adequate and ready for acceptance by
Council. The developer has also executed the corresponding subdivision improvement
agreements for the two developments. The developer has requested that the City approve the
Final Map prior to submittal of security instruments (bonds) in accordance with Section
18.16.100 of the Municipal Code. This section provides for the bonds to be filed within 60 days
from the date Council approves the final map. The map would not be released for recording until
the bonds are submitted. This provision has been requested to allow close of escrow at the same
time as the bonds are provided since Kmart, Home Depot and Price Club will be supplying the
bonds. In the event the 60 day time frame is exceeded, the approval will automatically be
voided.
FISCAL IMP ACT: Not applicable.
LdeTIEY-363; EY-367
WPC F:\J1ome\engineerageoda\rdrfnl-2.map
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FEB-17-'93 WED 08:29 ID:CITY OF CHULA VISTA ~L NO:FAX 619 691 5171
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.. You III1l rcqulR4 to m. I SUtellleat of DlIcIasu~ of oertIlD O'JIBe!Ildp or II_I --... JIIIJIDDD'" or -palJII
aJDtl1bUtlOIll, 01 aU Ilalbllll wIlIcb wW roqulrc dlscretloll8lY IICIIoIl wille pan of llle 01)' Councll. Plalllllnl CDmmfgtoa. aDd
all Oilier ot!k:lal bodlel. '!be followlq lDtbl1ll.tlOlI mUlt be dlldO"....
I.
Ust 1be _ of aU persollS ImfDs a finallC:ialllltereatlD tile property wblda If tile object oldie appIIcatlOll or tlIe
contner. C!.J.. 0'MIet. appllCllllt, contnl:Ult. S\lbexltUraaor. Ila~ supplier.
McMillin Communities. Inc.~ National City, CA 91950
Home Capital Development Group, a subsidiary of Home Federal Savings & Loan, San Diego, CA
:z. If lay penOllo lclCIIltfted JI1IIS1IIDt to (I) above Is a aJrpol'llloll ~ pIrtl\eIIIIIp.lIs1 tlIe _ of aD fDdM4... 0WDIl\J
more dIalIlOCK. of Ille allaNalD Ibe mrpondon or 0WIIlII& IlIl' partnerablp lDlc:dlt ill tile partllCl'SIdp.
.
McMillin Communities. Inc.: McMillin Family Trust - ~acey L. & Vonnie L. McMillin, Trustee (40%)
Mark D. McMillin, Laurie A.-Ray, & Scott M. McMillin (20% each)
Home Capital Development Group: 100% by Home Federal.Savings & Loan, San Diego, CA
3. It any penon. Identllled p\ln1llnl 10 (1) above " _prollt ~tloa or a inial, Ust tile 11I_ of aD}' petIOli
seMBI u dlrcc:tor of Ibe aoa-prolll orpahalloll or _ 1",,1ee 'or lleaellc:lary or trvalllf of lIIe trust. .
N/A
4. Have you had llIor. lhall S250 worth of bush\eu trallSltted w1l~ any IIICIlINr of Ibe at)' alaII'. BoardI, Commllalona,
COllllllilleel. and COundl w1t1llll tile plSllWelve mOnlhs7 YeS,..- No2.... If ya. please llIcIlCltc peIIOII(a): _
,
S. Please k!alIU)' cadi and -r penon. Incllldln,aay apn... etl!PJoyea, COII8\Il1aato, or 1AdcpcDde1l1 CIOfttracton wIIo
JDlI ..... wIped 10 repreaeal ~1I before lIIe aty 1ft dda malter. .
, '
Craig Fukuyama
Steve Guy
Thorn Fuller
6. Ha'\It ~lIlftd/Or your OmCllft or apll. In lIIe IIIlI'CPte, am~ molll tbIII SI,lIllO II) I COlllldllDaa_lD llle
QIITODt or preeedlD. olllCtloll potlod7 Ys_ No2,.. Jf,ec.: ala.. WIIldI ~-IIet(a):
n.cc:
2/17/93
"'(11011> --""i'..t:?~
- , It
I
Sf of I'&ppUClllIl
PrInt or l)'pO IIIlIII of llOIIU'ICtOrlapplkllat
. ' Rancho del Rey Partnershi p
· CralrllQlnele 'M1~,/Im\.~,...-~Jo/IlI_ ., ....,...,.,............ hJ' ~4lOIpCIMIfoII4-.;""'I~~
".-'"9'-_..__'...,.......~~"'_",...,~......,......"..."IIt...tl '.......,....... ,
Craig Fukuyama, Vice President
I
J,.....~ ../
~-5 -/tJ'.,::J
1-)
'-'."-'
FEE-17-'93 WED 138:29 ID:CITY OF CHULA VISTA TE;L NO:FAX 619 691 5171
11301 P03
~ .
~
...
,
'IHB arr OF QIU1A VlSI'A D~ ITA'I'BI\tIBNT
. : You an: required Ul 110 a SDlCll\GlIt 01 DlICIaIlIR of certalII OWDe/Iblp or 1JJp...,l.t .....11, pI1DICDo, or -pip
. IlDlllibullDIII, oa aU IIllllklla whI"'- wlIl RlCjlllrc dlscletlOlllll)' adlOD em tile pan or llIe al)' CoIIDcll, P1a1Ullll1 0lmmIII1lIII, &D4
l1li OIber otlk:lal bodlCll. 'Ibe to1lowlll& IDIom.doD mul be dlaclosed:
1.
Ust Ilia _ 01 aU persollllmlDg a linaDeiallllterealln die property wIIIch lId1al1lbject oldie Ippllcalloa or die
CIOalncr. e.... OMIe1, appllClllll, CI)Jlll'actol', subc:olUr8aor. ma~ SIIppller.
McMillin Communities, Inc.
The Strocco Group
McMillin Development, Inc.
RDR Business Center, Ltd.
McMillin Commercial Industrial Development, Inc.
,
Z. II any penol. (dc:allilcd punll8llt to (1) allow Ii a corpomloll ~ partDeI1IIlp,lfst the _ 01l1li bIdMd.... -ma
lllOrc tJIalIl()CK, of die sIIars In lbe corporadoo or 0WIlilJ& all}' partDenldp fDlCleSl fa llle panlICl$Idp.
Gene Strocco
McMillin Communities, Inc:
Charles E. Fredrick, Trustee
McMillin Family Trust- Macey L.
Maureen P. Fredrick, Trustee & Vonnie L. McMillin Trustees (40%)
. Mark D. McMillin, Laurie A. Ray, Scott M. McMillin
3. It aay peROD. ldeallOed pUmaaDIIO <I> above Is _prollt \lraamzallOllllf a '1M\, Ilsldle aa_ of aa)' penol (20% each)
llOfYIn,u dllcc:lor of Ihe poa.prolll orpu/zalfoa or as lnalloe 'or beaalldary or 'lMlor of \be 1rlISt. .
N/A
4. Have )'011 had roore Iha. S250 worth or bUSf!leU trallSlCled wllb aay 1IICIlIbel' of lite al)' ItaD', Boards, CDatmllakllll,
COllUlliltees. and COIIDelI wllhi. llle pasl twelve months? Yes,..... NO-L. If yes. please IIldlcalC peIIOlI(I): _
5. Plcue 1daUil)' each and cvwy perIOD, lDchIdlDsaoy acello, eajp~ _u1,,"11, or Iadepcadelll IlDDlraClOn wlto
you ..~ wiped 10 reprCKIII )'011 before llIc Ol)' ID lbla mailer.
. '
Steve GUY
Craig Fukuyama
Thom Fuller
6. Havt )'011 aneIIor yollr Om_ or aplll. fa dte "PIC, ma~uled mora tJIalI SI,ooo II) a COIIIIdlmaDbcr III 1M
CIlfl'IlII or praeedlal .Jec:lloa period? Yes_ No.J.,. If ~ state WbIcII n.....n_lIer(l):
Dftc:
2/17/93
· · · (NcnE: MId addIlIoaaI ~. G~. · ·
. i.L 7-/h.u/~'
Slptarurc of _u.c:tor1&ppIIcaDt
Patrick McMillin, Executive Vice President
PrfDI or typo WIll of COId/'IClOrlapplklDl
. i McM11lin Commercial Industrial Development, Inc.
· ~lrlfl:jNl.. .M1~Jlml.~,..J-Ji9,__ .. .Mid"''''''''",,;,' .'\.:oIp..-.MIlII.................
tIrI1t_'"\l'__ "-~do'-"'toIIoI ~."-~~..'"Il'-".,.,,ot....., t .............
, .
~)C~
'1-0;;
AGENDA ITEM NO. 9
INFORMATIONAL MEMORANDUM
March 9, 1993
File No. EY-363
EY-367
To:
From:
Honorable Mayor and City Council
John Goss, City Manager~
John Lippitt, Director of Public work~~
via:
Subject:
Subdivision and Supplemental
Agreements, Chula vista Tracts
Del Rey Commercial Center.
Subdivision Improvement
92-05 and 93-01, Rancho
The developer was to have provided the City with executed
Subdivision and Supplemental Subdivision Improvement agreements
prior to tonight's meeting. Complications with obtaining
signatures at the Resolution Trust Corporation have prevented the
documents from being signed prior to the meeting. The agreements
are anticipated to be signed on Wednesday March 10, 1993.
As indicated in the staff report, the security instruments (bonds)
will not be provided prior to final map approval in accordance with
Section 18.16.100 of the Municipal Code. The provision requires
the bonds to be provided within 60 days or the approval of the map
is voided. It also provides for the retention of the final map for
recordation. This gives the City the control necessary to make
sure all of the agreements are executed. The bonds will be
provided by Home Depot and Price Club and that won't happen unless
the agreements have been executed.
The City Attorney is aware of the situation and is comfortable that
the map will not be released until the agreements have been signed.
Therefore, it is recommended that this item be approved.
WU: (A:RDRA1l3.)
9~7
RESOLUTION NO.~~~I'~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REVISING TENTATIVE MAP CONDITION
OF APPROVAL E OF CHULA VISTA TRACT NO. 92-05
AND CONDITION OF APPROVAL 1.1 OF CHULA VISTA
TRACT NO. 93-01 (RESOLUTION 16900)
WHEREAS, on November 11, 1992, by Resolution No. 16900,
the City Council approved the Tentative Subdivision Maps for Chula
Vista Tracts 92-05 and 93-01, Rancho del Rey Commercial Center west
and east, respectively; and
WHEREAS, Condition of Approval E for Chula vista Tract
No. 92-05 and Condition of Approval 1.1 for Chula vista Tract No.
93-01 state as follows.
"Guarantee and construct the following offsite street
improvements:
East "H" Street/Paseo del Rev: Add second
northbound exclusive left turn lane, add
northbound exclusive right turn lane, add
westbound exclusive right turn lane, add
second southbound exclusive left turn lane,
add second southbound through lane, and add
one eastbound exclusive right turn lane.
Retaining wall shall be incorporated into the
design of improvements that require roadway
widening.
Obtain and dedicate all offsite right-of-way
necessary for said improvements."
WHEREAS, the retaining walls were originally required to
retain the quality of the habitat in Rice Canyon and during
preparation of the grading plans for that intersection, the
developer proposed to regrade (fill) the manufactured slopes to
accommodate the widening as an alternative to installing a
retaining wall; and
WHEREAS, however, a survey conducted by Recon
environmental consultants on February 22, 1993 concludes that the
impacts associated with regrading the slopes can be mitigated by
replanting with native vegetation which in turn would improve the
biological quality of the area; and
WHEREAS, staff agrees with the findings of the study and
recommends that the requirement to incorporate retaining walls be
deleted.
1
9/1-/
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby revise Tentative Map Condition
of Approval E of Chula Vista Tract No. 92-05 and Condition of
Approval 1.1 of Chula vista Tract No. 93-01 (Resolution 16900) to
be modified as follows:
"Guarantee and construct the following offsite street
improvements:
East "H" Street/Paseo del Rev: Add second
northbound exclusive left turn lane, add
northbound exclusive right turn lane, add
westbound exclusive right turn lane, add
second southbound exclusive left turn lane,
add second southbound through lane, and add
one eastbound exclusive right turn lane. The
improvements, associated grading and
landscaping shall be to the satisfaction of
the City Engineer and City Landscape
Architect.
Obtain and dedicate all offsite right-of-way
necessary for said improvements."
E
Presented by
John P. Lippitt, Director of
Public Works
F:\home\aUomey\RDRConB
2
9/1';'
RESOLUTION NO. /7dl,3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP OF CHULA
VISTA TRACT 92-05 RANCHO DEL REY COMMERCIAL
CENTER WEST, ACCEPTING THE OPEN SPACE LOTS
GRANTED ON SAID MAP AND THE EASEMENTS GRANTED
ON SAID MAP WITHIN SAID SUBDIVISION, APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT AND FINAL MAP
BE IT RESOLVED that the City Council of the City of Chula
Vista hereby finds that that certain map survey entitled CHULA
VISTA TRACT 92-05, Rancho Del Rey Commercial Center West, and more
particularly described as follows:
Being a resubdi vision of Lots I, 2, 3, "E", and a portion
of Plaza Court of Chula vista Tract No. 88-2, Rancho Del
Rey Business Center in the City of Chula Vista, County of
San Diego, State of California, according to Map thereof
No. 12267, filed in the office of the County Recorder of
San Diego on November 30, 1988.
Area: 21.85 acres
Numbered Lots: 1
No. of Lots: 2
Lettered Lots: 1
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that Lot E is hereby accepted in
fee to the city of Chula vista for Open Space, public utilities and
other public uses reserving to the owners of Lot 1 the private
drainage easement as shown on said map within said subdivision.
BE IT FURTHER RESOLVED that said City Council hereby
accepts on behalf of the City of Chula vista the easements with the
right of ingress and egress for the construction and maintenance of
drainage and sewer facilities and access to Open Space Lot E, all
as granted and shown on said map within said subdivision.
BE IT FURTHER RESOLVED that the city Clerk of the city of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council, that said Council
has approved said subdivision map, that said lots are granted for
Open Space and other public uses and that those certain easements,
as granted thereon and shown on said map within said subdivision is
1
9lJ-'/
accepted on behalf of the city of Chula vista as hereinabove
stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego upon receipt of required
faithful performance and labor and material bonds, as certified by
the City Engineer.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement for Chula vista Tract 92-05 Rancho del Rey
Commercial Center west, dated , for the
completion of improvements in said subdivision, a copy of which is
attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby, approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement and final map for and on behalf of the city of Chula
vista for the purpose of conveying City's inter s s in certain
existing easements now owned by the city.
Presented by
John P. Lippitt, Director of
Public Works
C:\n\RDRWest
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9/J-.2
03,04,93 16:55
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141014
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
City OF CHULA VISTA
276 Fourth Avenue
Chula vista, Ca. 91910
No transfer tax is due as this is a conveyance to a public
agency of less than a fee interest for which no cash
consideration has been paid or received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
RANCHO DEL REY
CHULA VISTA TRACT 92-05
THIS AGREEMENT, made and entered into this
day of 199__, by and among THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", and RANCHO
DEL REY PARTNERSHIP, a california general partnership (the
"Partnership"), RDR BUSINESS CENTER, LTD., a California limited
partnership (the "Business Center"), EQUITABLE DEED COMPANY, a
california corporation ("EQUITABLE"), HOME FED BANK ("HomeFed"),
a Federal Savings Bank, and HOME DEPOT U.S.A., INC., ("Home
Depot"), a Delaware corporation. The partnership and the
Business center are hereinafter jointly rtlferred to as
"Subdivider";
b'l.:IliJL~~:ti:r~ :
WHEREAS, Subdivider is about to present to the City
Council of the city of Chula Vista for approval and
recordation, a final subdivision map of a proposed subdivision,
to be known as Chula vista 'I'ract 92-05 (ltCVT-92-051t) pursuant
to the provisions of the Subdivision Map Act of the State of
California, and in compliance with the provisions of Title 18
of the Chula vista Municipal Code relating to the filing,
approval and recordation of subdivision maps; and,
WHEREAS, the Code provides that before said map is
finally approved by the Council of the city of Chu1a Vista,
Subdivider must have either installed and completed all of the
public improvements and/or land development work required by
the Code to be installed in subdivisions before final maps of
sUbdivisions are approved by the Council for purpose of
recording in the Office of the county Recorder of san Diego
County, or, as an alternative thereto, Subdivider shall enter
into an agreement with city, secured by an approved improvement
S\A013417! .NAI
0302.93
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915,;:5
03'04'93 16:55
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SMR&H
141015
security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula vista Municipal Code,
agreeing to install and complete, free of liens at Subdivider's
own expense, all of the public improvements and/or land
development work required in said SUbdivision within a definite
period of time prescribed by said Council; and
WHEREAS, the code provides that the required
improvement security can be provided to City within sixty (60)
calendar days after the date this Agreement is approved by the
City council; and
WHEREAS, Subdivider is willing in consideration of
the approval and recordation of said map by the Council, to
enter into this agreement wherein it is provided that
SUbdivider will install and complete, at Subdivider's own
expense, all the public improvement work required by City in
connection with the proposed subdivision and will deliver to
City improvement securities as approved by the city Attorney;
and
WHEREAS, a tentative map of said SUbdivision has
heretofore heen approved, subject to certain requirements and
conditions, as contained in Resolution No. 16900, approved on
the 24th day of November, 1992 ("Tentative Map Resolution") ;
and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public
improvement work and required grading and drainage plans have
been prepared and submitted to the city Engineer, as shown on
Drawings Nos. 93-8 through 93-12 (Work Order Number EY-363) and
Drainage 93-2 through 93-7 (Work Order Number PG-458)
respectively on file in the office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications
has been submitted and approved by the City in the am~unt of
$493,900.00; and
WHEREAS, all of the property comprising CVT 92-05 is
currently owned by either the Partnership or the Business
Center and the partnership and the Business Center agree for
purposes of this agreement to be jointly and severally bound by
this agreement and except as expressly provided otherwise
herein, to individually and jointly perform all obligations of
Subdivider pursuant to this agreement: and
WHEREAS, Equitable and HomeFed are lienholders with a
security interest in the real property which comprises CVT 92-
05; and
S\.A.0134l7!'.NAI
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03'0~,93 16:56
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SMR&H
141 016
WHEREAS, the Subdivider and Home Depot have entered
into a purchase agreement (the "Purchase Agreement") dated
, which Purchase Agreement provides for the conveyance
of CVT 92-05 from subdivider to Home Depot and further
obligates Home Depot t provide on Subdivider's behalf the
improvement security required by this agreement; and
WHEREAS, City, the Partnership, the Business Center
and the Price Company have entered into the Rancho Del Rey
Commercial Center PUblic Facilities Financing and
Implementation Agreement (the "Implementation Agreement") which
was approved by the City Council on January 19, 1993; and
WHEREAS, the Implementation Agreement provides, among
other things, that provided certain Conditions to Effectiveness
(the "conditions") (all capitalized terms are defined as
defined in the Implementation Agreement) are complied with (i)
City will acquire certain "Specified Street Improvements" from
the Business center and the Partnership for $835,000.00; (ii)
The price company will lend $1,892,000.00 to city for City's
use to acquire certain Specified Public Improvements; and,
(iii) city shall acquire the Specified Public Improvements from
the Partnership and the Business Center for $1,892,000.00; and
WHEREAS, a portion of the Specified PUblic
Improvements are required improvements to be installed within
CVT 92-05; and
WHEREAS, the parties agree that for purposes of this
agreement the value of the Specified Public Improvements to be
completed within CVT 92-05 is $567,600.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED
AS FOLLOWS:
1. Subdivider, for itself and its successors in
interest, an obligation the burden of which encumbers and runs
with the land, agrees to comply with all of the terms,
conditions and requirements of the Tentative Map ReSOlution; to
do and perform or cause to be done and performed, at its own
expense, without cost to city, in a good and workmanlike
manner, under the direction and to the satisfaction and
approval of the city Engineer, all of the public improvement
and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will
furnish the necessary materials therefor, all in strict
conformity and in accordance with the plans and specifications,
which documents have heretofore been filed in the Office of the
City Engineer and by this reference are incorporated herein and
made a part hereof.
2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30)
S\ACl1.3"-17F. NAl
030293
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03'04'93 16:57
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SllR&H
~017
days after the completion and acceptance of the Improvement
Work, and that Subdivider has installed or will install
temporary street name signs if permanent street name signs have
not been installed.
3. It is expressly understood and agreed that
Subdivider will cause all necessary materials to be furnished
and all Improvement Work required under the provisions of this
contract to be done on or before the anniversary date of
council approval of this Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will
perform said Improvement Work as set forth hereinabove, or that
portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to
the issuance of any certificate of clearance for utility
connections for said buildings or structures in said
subdivision, and such certificate shall not be issued until the
city Engineer has certified in writing the completion of said
public improvements or the portion thereof serving said
building or structures approved by the city; provided, however,
that the improvement security shall not be required to cover
the provisions of this paragraph.
5. It is expressly understood and agreed to by
Subdivider that, in the performance of said Improvement Work,
Subdivider will conform to and abide by all of the provisions
of the ordinances of the City of Chula Vista, and the laws of
the state of California applicable to said work.
6. Subdivider further agrees to furnish and deliver
to the City of Chula vista, within sixty (60) calendar days
after the date this Agreement is approved by the City Council,
an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the city in the sum of
ONE HUNDRED FIVE THOUSAND, FIVE HUNDRED DOLLARS (5105,500.00)
which security shall guarantee the faithful performance of this
contract by Subdivider and is attached hereto, marked Exhibit
"A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver
to the city of Chula Vista within sixty (60) calendar days
after the date this Agreement is approved by the city Council,
an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of
ONE HUNDRED FIVE THOUSAND, FIVE HUNDRED DOLLARS ($105,500.00)
to secure the payment of material and labor in connection with
the installation of said public improvements, Which security is
attached hereto, marked Exhibit liB" and made a part hereof and
the bond amounts as contained in Exhibit "B", and made a part
hereof.
S\A013417F ,NAl
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arIt.-' n
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03'0~'93 16:57
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SllR&H
~015
8. Subdivider further agrees to furnish and deliver
to the City of Chula vista, within sixty (60) calendar days
after the date this Agreement is approved by the city Council,
an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the city in the sum of
ONE THOUSAND DOLLARS ($1,000.00) to secure the installation of
monuments, which security is attached hereto, marked Exhibit
"c" and made a part hereof.
9. SUbdivider further agrees that, in the event
that all of the Conditions to Effectiveness of the
Implementation Agreement and any additional conditions to the
disbursement by City of the Purchase Price for the Specified
street Improvements have not been complied with or waived
within sixty (60) calendar days after the date this agreement
is approved by the City Council, Subdivider shall furnish to
the city of Chula vista, within said sixty (60) calendar days,
an approved improvement security from a sufficient surety,
whose sufficiency has been approved by City in the sum of Eight
Hundred Thirty-Five Thousand Dollars ($835,000.00) to secure
the payment of material and labor in connection with the
installation of the Specified street Improvements. The
improvement security referenced in this Section 9 shall be
adequate to secure construction of the "East H street"
improvements which are a condition of both CVT 92-05 and CVT
93-01. If required, such security shall be attached hereto,
marked Exhibit "0" and made a part hereof. Upon fulfillment of
the conditions precedent to the city's obligation to purchase
the Specified street Improvements, SUbdivider shall have n~
obligation to provide improvement security for the Specified
Street Improvements.
10. Subdivider further agrees that in the event that
all of the conditions to Effectiveness of the Implementation
Agreement and any additional conditions to the disbursement by
City of the Purchase Price for the Specified Public
Improvements haVe not been complied with or waived within sixty
(60) calendar days after the date this agreement is approved by
the City council, SUbdivider shall furnish the City of chula
Vista within said sixty (60) calendar days, <in approved
improvement security from a sufficient surety, whose
sufficiency has been approved by city in the sum of FIVE
HUNDRED SIXTY-SEVEN THOUSAND, SIX HUNDRED DOLLARS ($567,600.00)
to secure the payment of material and labor in connection with
installation of that portion of the specified Public
Improvements to be installed within CVT 92-05. If required,
such security shall be attached hereto, marked Exhibit "E" and
made a part hereof. Upon fulfillment of the aconditions
precedent to the City's obligation to purchase the Specified
Public Improvements, SUbdivider shall have no obligation
pursuant to this Agreement to provide improvement security for
the Specified Public Improvements.
:i \A01341 1F . NAI
D3029'
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03'0~'93 16:58
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[4J 019
11. For purposes of this Agreement, City agrees and
acknowledges that the Required Improvement Security for CVT 92-
05 may be posted by either Subdivider or by Home Depot as
Subdivider's successor-in-interest to parcel of CVT 92-05.
12.. It is further agreed that if the Improvement
Work is not completed within the time agreed herein, the sums
provided by said improvement securities may be used by city for
the completion of the Improvement Work within said subdivision.
13. It is further agreed that if the Improvement
Work is not completed within the time agreed herein, the sums
provided by said improvement securities may be used by city for
the completion of the Improvement Work within said subdivision
in accordance with such specifications herein contained or
referred, or at the option of the City, as are approved by the
city council at the time of engaging the work to be performed.
Upon certification of completion by the city Engineer and
acceptance of said work by city, and after certification by the
Director of Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment
thereof, may be released to Subdivider 01. its successors in
interest, pursuant to the terms of the improvement security.
Subdivider agrees to pay to the city any difference between the
total costs incurred to perform the work, including design and
administration of construction (inCluding a reasonable
allocation of overhead), and any proceeds from the improvement
security.
14. It is also expressly agreed and under. stood by
the parties hereto that in no case will the City of chula
Vista, or any department, board or officer thereof, be liable
for any portion of the costs and expenses of the work
aforesaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or SUlllS for said work or any
materials furnished therefor, except to the limits established
by the approved improvement security in accordance with the
requirements of the State subdivision Map Act and the
provisions of Title 18 of the Chula vista Municipal Code.
15. It is further understood and agreed by
Subdivider that any engineering costs (including plan checking,
inspection, materials furnished and other incidental expenses)
incurred by City in connection with the approval of the
Improvement Work plans and installation of Improvement Work
hereinabove provided for, and the cost of street signs and
street trees as required by city and approved by the City
Engineer shall be paid by Subdivider, and that subdivider shall
deposit, prior to recordation of the Final Map, with city a sum
of money sufficient to cover said cost.
16. It is understood and agreed that until such time
as all Improvement Work is fully completed and accepted by
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city, Subdivider will be responsible for the care, maintenance
of, and any damage to, the streets, alleys, easements, water
and sewer lines within the proposed sUbdivision. It is further
understood and agreed that Subdivider shall guarantee all
public improvements for a period of one year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission
of Subdivider, its agents or employees in the performance of
this agreement, and that upon acceptance of the work by city,
Subdivider shall grant to City, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by city as set forth hereinabove.
17. It is understood and agreed that City, as
indemnitee, or any officer or employee thereof, shall not be
liable for any injury to person or property occasioned by
reason of the acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement.
SUbdivider further agrees to protect and hold the city, its
officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort,
because of or arising out of acts or omissions of Subdivider,
its agents or employees, or indemnitee, related to this
agreement; provided, however, that the apprcved improvement
security shall not be required to cover the provisions of this
paragraph. Such indemnification and agreement to hold harmless
shall extend to damages to adjacent or downstream properties or
the taking of property from owners of such adjacent or
downstream properties as a result of the constru~tion of said
subdivision and the public improvements as provided herein. It
shall also extend to damages resulting from diversion of
waters, change in the volume of flow, modification of the
velocity of the water, erosion or siltation, or the
modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval
of plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibi.lity for
such damage or taking, nor shall city, by said approval, be an
insurer or surety for the construction of the subdivision
pursuant to said approved improvement plans. The provisions of
this paragraph shall become effective upon the execution of
this agreement and shall remain in full force and effect for
ten (10) years following the acceptance by the City of the
improvements.
18. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from
any claim, action, or proceeding against the City or its
agents, officers, or employees to attack, set aside, void, or
annul, an approval of the City, advisory agency, appeal board,
or legislative body concerning a subdivision, which action is
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brought within the time period provided for in Section 66499.37
of the Government Code of the state of California.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed the day and year first
hereinabove set forth.
THE city OF CHULA VISTA
Mayor of the
city of Chula Vista
ATTEST
City Clerk
APPROVED AS TO FORM
Bruce M. Boogaard
city Attorney
Marcia. Scully
Special Counsel to City
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SUBDIVIDER:
"Developer"
RANCHO DEL REY PARTNERSHIP, a
California general partnership
By: McMILLIN FINANCIAL, INC., a
California corporation
General Partner
By
By
By: HOME CAPITAL CORPORATION, a
California corporation,
General Partner
By
By .
RDR BUSINESS CENTER, LTD., a
California limited partnership
By: McMILLIN COMMERCIAL
INDUSTRIAL
DEVELOPMENT, INC., a
calirornia corporation,
a General Partner
By:
Its:
By:
Its:
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By: McMILLIN COMMUNITIES, INC.,
a California corporation,
a General Partner
By:
Its:
By:
Its:
By: McMILLIN DEVELOPMENT, INC.,
a California corporation,
a General Partner
By:
Its:
By:
Its:
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EQUITABLE DEED COMPANY, a
California corporation
By:
Its:
By: __
Its:
HOMEFED BANK, Federal Savings
Bank
By:
Its:
By:
ItS:
HOME DEPOT, U.S.A., INC.,
a Delaware corporation
By:
Its:
By:
Its:
(Attach Notary Acknowledgment)
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form:
Amount; $105,500.00
.~~~
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Exhibit "B"
Improvement Security - Material and Labor:
Form:
Amount: $105,500.00
~1'0\~~
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Exhibit "e"
Improvement Security - Monuments:
Form:
Amount: $1,000.00
L ~J,D
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%~/(P
RESOLUTION NO.
/7tJ/l1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP OF CHULA
VISTA TRACT 93-01 RANCHO DEL REY COMMERCIAL
CENTER EAST, ACCEPTING THE PUBLIC STREET--
TIERRA DEL REY, THE OPEN SPACE LOTS GRANTED ON
SAID MAP AND THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, APPROVING SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT AND FINAL MAP
BE IT RESOLVED that the City Council of the City of Chula
vista hereby finds that that certain map survey entitled CHULA
VISTA TRACT 93-01, Rancho Del Rey Commercial Center East, and more
particularly described as follows:
Being a resubdivision of Lots 12 thru 24, Lots Band C,
Avila Way, and portions of Paseo Del Rey and Tierra Del
Rey of Chula vista Tract No. 88-2, Rancho Del Rey
Business Center in the City of Chula Vista, County of San
Diego, State of California, according to Map thereof No.
12267, filed in the office of the County Recorder of San
Diego County on November 30, 1988, Lot E of Map No.____
filed in the office of the County Recorder of San Diego
County on , and Lot F of Map No. 12502
filed in the office of the County Recorder of San Diego
County on November 15, 1989.
Area: 65.17 acres
Numbered Lots: 7
No. of Lots: 12
Lettered Lots: 5
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
the public street--Tierra Del Rey, as shown on this map within the
subdivision.
BE IT FURTHER RESOLVED that Lots V, W, X, Y and Z are
hereby granted in fee to the city of Chula vista for Open Space,
public utilities and other public uses.
BE IT FURTHER RESOLVED that said City Council hereby
accepts on behalf of the City of Chula Vista the easements with the
right of ingress and egress for the construction and maintenance of
traffic signals, sewer facilities, general utilities, irrigation
1
9C., J
and access, all as granted and shown on said map within said
subdivision.
BE IT FURTHER RESOLVED that the city Clerk of the city of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council, that said Council
has approved said subdivision map, that said street is dedicated to
the public and that said lots are granted for Open Space and other
public uses and that those certain easements, as granted thereon
and shown on said map within said subdivision are accepted on
behalf of the City of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego upon receipt of required
faithful performance and labor and material bonds, as certified by
the City Engineer.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement for Chula vista Tract 93-01 Rancho del Rey
Commercial Center East, dated , for the
completion of improvements in said subdivision, a copy of which is
attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby, approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement and final map for and on behalf of the City of Chula
vista for the purpose of conveying city's interests in certain
existing easements now owned by the city.
John P. Lippitt, Director of
Public Works
d ar' m by
Bruce M. Boogaard
Attorney
Presented by
C:\n\RDREast
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Recording Requested by:
CITY CLERK
When Recorded, Mail to:
city OF CHULA VISTA
276 Fourth Avenue
Chula vista, Ca. 91910
No transfer tax is due as this is a conveyance to a public
agency of less than a fee interest for which no cash
consideration has been paid or received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
RANCHO DEL REY
CHULA VISTA TRACT 93-01
THIS AGREEMENT, made and entered into this
day of 199__, by and among THE CITY OF CHULA VISTA,
a municipal corporation, hereinafter called "City", RANCHO DEL
REY PARTNERSHIP, a California general partnership (the
"Partnership"), ROIl. BUSINESS CENTER, LTD., a California limited
partnership (the "Business center"), EQUITABLE DEED COMPANY, a
California corporation ("EQUITABLE"), HOME FED BANK ("HomeFed"),
a Federal Savings Bank, and THE PRICE COMPANY, ("price
Company"), a California corporation. The Partnership and the
Business Center are hereinafter jointly referred to as
"Subdivider";
!i.I:rn!;~~J);.:r.!:!:
WHEREAS, Subdivider is about to present to the City
Council of the City of Chula Vista for approval and
recordation, a final subdivision map of a proposed subdivision,
to be known as Chula vista Tract 93-01 ("CVT-93-01") pursuant
to the provisions of the Subdivision Map Act of the State of
California, and in compliance with the provisions of Title 18
of the Chula vista Municipal Code relating to the filing,
approval and recordation of subdivision maps; and,
WHEREAS, the Code provides that before said map is
finally approved by the Council of the city of Chula Vista,
Subdivider must have either installed and completed all of the
public improvements and/or land development work required by
the Code to be installed in subdivisions before final maps of
subdivisions are approved by the Council for purpose of
recording in the Office of the County Recorder of San Diego
county, or, as an alternative thereto, Subdivider shall enter
into an agreement with City, secured by an approved improvement
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security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code,
agreeing to install and complete, free of liens at Subdivider's
own expense, all of the public improvements and/or land
development work required in said subdivision within a definite
period of time prescribed by said Council; and
WHEREAS, the Code provides that the required
improvement security can be provided to city within sixty (60)
calendar days after the date this Agreement is approved by the
city Council; and
WHEREAS, Subdivider is willing in consideration of
th8 approval and recordation of A~in map by the Council, to
enter into this agreement wherein it is provided that
Subdivider will install and complete, at Subdivider's own
expense. all the public improvement work required by city in
connection with the proposed subdivision and will deliver to
City improvement securities as approved by the City Attorney;
and
WHEREAS, a tentative map of said subdivision has
heretofore been approved, subject to certain requirements and
conditions, as contained in Resolution No. 16900, approved on
the 24th day of November, 1992 ("Tentative Map Resolution");
and
WHEREAS, complete plans and specifications for the
construction, installation and completion of said public
improvement work and required grading and drainage plans have
been prepared and submitted to the city Engineer, as shown on
Drawings Nos. 93-24 through 93-33 (Work Order Number EY-367)
and Drawing Nos. 93-13 through 93-23 (Work Order NUmber PG-
459) respectively on file in the office of the City Engineer;
and
WHEREAS, an estimate of the cost of constructing said
public improvements according to said plans and specifications
has been submitted and approved by the City in the amount of
$1,291,000.00; and
WHEREAS. all of the property comprising CVT 93-01 is
currently owned by either the Partnership or the Business
Center and the Partnership and the Business Center agree for
purposes of this agreement to be jointly and severally bound by
this agreement and except as expressly provided otherwise
herein, to individually and jointly perform all obligations of
Subdivider pursuant to this agreement; and
WHEREAS, Equitable and HomeFed are lienholders with a
security interest in the real property which comprises CVT 93-
01; and
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WHEREAS, the subdivider and Price Company have
entered into a purchase agreement (the "Purchase Agreement")
dated , which Purchase Agreement provides for the
conveyance of Parcel 3 of CVT 93-01 from Subdivider to Price
Company and further obligates Price Company to provide on
Subdivider's behalf the improvement security required by this
agreement; and
WHEREAS, City, the Partnership, the Business Center
and the Price Company have entered into the Rancho Del Rey
COllllllercial Center Public Facilities Financing and
Implementation Agreement (the "Implementation Agreement") which
was approved by the city council on January 19, 1993; and
WHEREAS, the Implementation Agreement provides, among
other things, that provided certain Conditions to Effectiveness
(the "Conditions") (all capitalized terms are defined as
defined in the Implementation Agreement) are complied with (i)
City will acquire certain "specified street Improvements" from
the Business Center and the Partnership for $835,000.00; (ii)
The Price Company will lend $1,892,000.00 to City for City's
use to acquire certain Specified Public Improvements; and,
(iii) city shall acquire the Specified Public Improvements from
the Partnership and the Business Center for $1,892,000.00; and
WHEREAS, a portion of the Specified pUblic
Improvements are required improvements to be installed within
CVT 93-01; and
WHEREAS, the parties agree that for purposes of this
agreement the value of the Specified Public Improvements to be
completed within CVT 93-01 is $1,324,400.00.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED
AS FOLLOWS:
1. Subdivider, for itself and its successors in
interest, an obligation the burden of which encumbers and runs
with the land, agrees to comply with all of the terms,
conditions and requirements of the Tentative Map Resolution; to
do and perform or cause to be done and performed, at its own
expense, without cost to city, in a good and workmanlike
manner, under the direction and to the satisfaction and
approval of the City Engineer, all of the public improvement
and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will
furnish the necessary materials therefor, all in strict
conformity and in accordance with the plans and specifications,
which documents have heretofore been filed in the Office of the
City Engineer and by this reference are incorporated herein and
made a part hereof.
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2. It is expressly understood and agreed that all
monuments have been or will be installed within thirty (30)
days after the completion and acceptance of the Improvement
work, and that SUbdivider has installed or will install
temporary street name signs if permanent street name signs have
not been installed.
3. It is expressly understood and agreed that
Subdivider will cause all necessary materials to be furnished
and all Improvement Work required under the provisions of this
contract to be done on or before the anniversary date Of
Council approval of this Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will
perform said Improvement Work as set forth hereinabove, or that
portion of said Improvement Work serving any buildings or
structures ready for occupancy in said subdivision, prior to
the issuance of any certificate of clearance for utility
connections for said buildings or structures in said
subdivision, and such certificate shall not be issued until the
city Engineer has certified in writing the completion of said
public improvements or the portion thereof serving said
building or structures approved by the City; provided, however,
that the improvement security shall not be required to cover
the provisions of this paragraph.
5. It is expressly understood and agreed to by
Subdivider that, in the performance of said Improvement Work,
Subdivider will conform to and abide by all of the provisions
of the ordinances of the City of Chula Vista, and the laws of
the State of California applicable to said work.
6. Subdivider further agrees to furnish and deliver
to the City of Chula vista, within sixty (60) calendar days
after the date this Agreement is approved by the city council,
an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the city in the sum of
ONE HUNDRED EIGHTY-FOUR THOUSAND, FIVE HUNDRED DOLLARS
($184,500.00) which security shall guarantee the faithful
performance of this contract by Subdivider and is attached
hereto, marked Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver
to the city of Chula vista within sixty (60) calendar days
after the date this Agreement is approved by the City Council,
an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of
ONE HUNDRED EIGHTY-FOUR THOUSAND, FIVE HUNDRED DOLLARS
($184,500.00) to secure the payment of material and labor in
connection with the installation of said public improvements,
which security is attached hereto, marked Exhibit "B" and made
a part hereof and the bond amounts as contained in Exhibit "B",
and made a part hereof.
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8. Subdivider further agrees to furnish and deliver
to the city of Chula vista, within sixty (60) calendar days
after the date this Agreement is approved by the City Council,
an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the city in the sum of
FIVE THOUSAND DOLLARS ($5,000.00) to seCure the installation of
monuments, which security is attached hereto, marked Exhibit
"c" and made a part hereof.
9. Subdivider further agrees that, in the event
that all of the Conditions to Effectiveness of the
Implementation Agreement and any additional conditions to the
disbursement by City of the purchase Price for the Specified
Street Improvements have not been complied with or waived
within sixty (60) calendar days after the date this agreement
is approved by the City Council, Subdivider shall furnish to
the city of Chula Vista, within said sixty (60) calendar days,
an approved improvement security from a sufficient surety,
whose sufficiency has been approved by City in the sum of Eight
Hundred Thirty-Five Thousand Dollars ($835,000.00) to secure
the payment of material and labor in connection with the
installation of the Specified Street Improvements. The
improvement security referenced in this Section 9 shall be
adequate to secure construction of the "East H Street"
improvements which are a condition of both CVT 92-05 and
CVT 93-01. If required, such security s~all be attached
hereto, marked Exhibit "0" and made a part hereof. upon
fulfillment of the condition precedent to the City's obligation
to purchase the Specified street Improvements, Subdivider shall
have no obligation to provide improvement security for the
Specified street Improvements.
10. Subdivider further agrees that in the event that
all of the Conditions to Effectiveness of the Implementation
Agreement and any additional conditions to the disbursement by
City of the Purchase Price for the Specified Public
Improvements have not been complied with or waived within sixty
(60) calendar days after the date this agreement is approved by
the City Council, Subdivider shall furnish the city of Chula
Vista within said sixty (60) calendar days, an approved
improvement security from a sufficient surety, whose
sufficiency has been approved by City in the sum of ONE MILLION
THREE HUNDRED TWENTY-FOUR HUNDRED DOLLARS ($1,324,400.00) to
secure the payment of material and labor in connection with
installation of that portion of the Specified Public
Improvements to be installed within CVT 93-01. If required,
such security shall be. attached hereto, marked Exhibit "E" and
made a part hereof. Upon fulfillment of the conditions
precedent to the city's obligation to purchase the Specified
PUblic Improvements, SUbdivider shall have no obligation
pursuant to the Agreement to provide improvement security for
the speoified Public Improvements.
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pursuant to the Agreement to provide improv~ment security for
the specified public Improvements.
11. For purposes of this Agreement, City agrees and
acknowledges that the Required Improvement Security for CVT 93-
01 may be posted by either Subdivider or by Price Company as
subdivider's successor-in-interest to Parcel 3 of CVT 93-01.
12. Intentionally left blank.
13. tt is further a9reed that if the rmprovement
Work is not cowpleted within the time 89reed herein, the sums
prOVided by sa'ld improvement securities l\lay be used by Ci.ty for
the completion of the Improvement Work within said subdivision
in accordance with such specifications herein contained or.
referred, or at the option of the City, as are approved by the
city council at the time of engagin9 the work to be performed.
Upon eertification of eompletion by the city Engineer and
acceptance of said work by City, and after certjfication by the
Director of' Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment
thereof, may be releaseQ to SUbdivider or its successOrS in
i.nterest, pursuant to the terms of the improvement security.
Subdivider agrees to pay to the City any difference between the
total oosts incurred to perform the work, including design and
administration of oonstruction (including a reasonable
allocation of overhead), and any proceeQs from th~ improvement
security.
14. It is also expressly agreed and understOOd by
the parties hereto that in no case will the City of Chula
Vista, or any department, board or officer thereof, be liable
for any portion of the costs and expenses of the work
atoresaid, nor shall any officer, his sureties or bondsmen, be
liable for the payment of any sum or sums for said work or any
materials furnished therefor, except to the limits established
by the approved improvement security in accordance with the
requirements of the State subdivision Map Act and the
provisions ot Title 18 ot the chula Vista Municipal Code.
15. It i6 further understood and agreed by
Subdivider that any engineering costs (including plan ohecking,
inspection, materials furnishe~ and other incidental expenses)
incurred by City in connection with the approval of the
Improvement Work plans and installation of Improvement Work
hereinabOVe provided for, and the cost of street signs and
~treet trees as required by City ~nd approved by the City
En91neer shall be paid by Subdivider, and that subdividor shall
deposit, prior to recordation of the Final Map, with City a sum
of rooney sufficient to cover said cost.
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16. It is understood and agreed that until such tirn~
as all Improvement Work is fully compl~ted and accepted by
City, Subdivider will be responsible for the care, maint~nance
of, and any damage to, the streets, all~ys, easements, water
and sewer lines within the proposed subdivision. It i5 further
understood and agreed that Subdivider shall guarantee all
public improvements for a period of one year from date of final
acceptance and correct any and all defects or deficiencies
arising during said period as a result of the acts or omission
of SUbdivider, its agents or employees in the performanc~ of
this agreement, and that upon acc~ptance of the ~ork by city,
Subdivider shall grant to city, by appropriate conveyance, the
public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a
waiver of defects by City as set forth hereinabove.
17. It is understood and agreed that City, as
indemnitee, or any officer or ~mploy~e thereof, shall not be
liable for any injury to person or property occasioned by
reason of the aot$ or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agre~ment.
Subdivider further agrees to protect and hold the city, its
offic~rs and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort,
because of or arising out of acts or omissions of SUbdivider,
its ag~nts or employees, or indemnitee, related to this
a9reement; provid~d, however, that the approv~d improvement
security shall not be required to cover the provisions of this
para9raph. Such indemnification and agr.eem~nt to hold harmless
shall extend to damages to adjacent or downstrea~ prop~rties or
the taking of property from owners of such adjacent or
downstream properties as a result of the construction of said
SUbdivision and the pUblic improvements as provid~d herein. It
shall also extend to damages resulting from diversion of
waters, change in the volUme of flow, modification of the
v@locity of the water, erosion or siltation, or th~
modification of the point of disoharge as the result of the
construction and maintenance of drainage systems. Th~ approval
of plans providing for any or all of these: conditions shall not
constitute th~ assumption by City of <:IllY l'E!spollsibility for
such damage or taking, nor shall City, by said appr.oval, be an
insurer or surety for the construction of th€ subdivision
pursuant to said approved improvement plans. The provisions of
this paragraph shall become effective upon the execution of
this agreement and shall remain in full force and eff.ect for
ten (10) years following the acceptanoe by the City of the
improvements.
18. Subdivider agrees to defend, indemnify, and hold
harml~ss the City or its agents, officers, and employees from
any claim, action, or proceeding against the City or its
agents, officers, or employees to attack, s~t aside, void, or
S ''''01.3<.1 'nl. !fA!
C3JJ..1S
-7-
qc.-"l
annul, an approval of the City, advisory agency. appeal board,
or legislative body concerning a sUbdivision, which action is
brought within the time period provided for in Section 66499.37
of the Government Code of the state of California.
!N WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed the day and year first
hereinabove Get forth.
THE City OF CHULA VISTA
Mayor of the
City of Chula vista
ATTEST
City Clerk
APPROVED AS TO FORM
Bruc@ M. Boogaard
city Attorney
Marcia Scully
Special Counsel to city
E:\,A,Ol:;..lnt,liA!
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SUBDIVIDER:
"Developer"
RANCHO DEL REY PARTNERSHIP, a
california general partnership
By: McMILLIN FINANCIAL, INC., a
California corporation
General Partner
By
By
By: HOME CAPITAL CORPORAT!ON, a
California corporation,
General Partner
By
By
RDR BUSINESS cENTER, LTD., a
California limited partnership
By: ~cMILLIN COMMERCIAL
INDUSTRI"T..
DEVELOPMENT, INC., a
California corporation,
a General Partner
By:
Its:
By:
Its:
SIAQ] ~1.1.7N.UA1
~::D,-9?
-9-
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I
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By: McMILLIN COMMUNITIES, INC.,
a California corporation,
a General Partner
fly:
Its:
By:
ItS:
By:
McMILLIN DEVE~OPMENT, INC.,
a California corporation,
a General Partner
By:
Its:
By:
Its:
~\AOl,q 71.. NA!
C':!~4'B
-10-
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1,/
EQUITABLE DEED COMPANY, a
California corporation
By:
ItS:
By:
Its:
HOMEFED ~,K. Federal savings
Bank
By:
Its:
By : ___-._
Its:
THE PRICE COMPANY,
a California corporation
By:
Its:
By:
Its:
(Attach Notary Acknow1ed9ment)
S \A.{lJ 3.. ~;y~ .liAI
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SMI<1lti
ACKNOWLEDGMENTS
STATE OF CALIFORNIA
)
)
)
COUNTY OF
on
, before me,
notary public, personally appeared
o personally known to m@ or
o proved to me on the basis of
satisfactory evidence to b@ the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
19~2 N..'.: l.x;...lNa-:"rll A.H,:l~~.'.: iCtn.
C"no&;tPtlrk, CA
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CAPACIt.y
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INPIVIDI]AL(S)
CORPORATE
OFPTCr.R{$)
TITLE
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fRtfstE't(S)
S'}i!)cr<IB.XNG
WITMESS
GUARV1AN/QJ~$ERVAIO~
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(t:~rr.~ af Peor5c.n or
SnUt.y)
n:s CI1iT!'~CATZHU!::T ar. A1TACfff;PTO
tHE OOCW..E!ftDESCRI:!EDI5ELOW:
1ithoQr ':'YP" of DQe"~nt:
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STATE OF CALIFORNIA
COUNTY OF
On
, before me,
notary pUblic, personally appeareQ
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and aeknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signatur.e(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESs my hand and official
seal.
NOTARY PUBLIC
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SMR&H
STATE OF CALIFORNIA
)
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COUNTY OF
On
, before me,
notary publ ic ,-' personally appeared
-....-'
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose na~e(s) is/are
subscri~ed to the within instrument
and acknowledged to me that he/shel
they executed the sa~e in his/h@r/
their authorized capacity(ies), and
that by his/her/their Bignature(s)
on the instrument the person(s) or
the entity upon behalf of which the
p@rson(s) acted, ey.ecuted the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
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CAPACITY
SIGJ<ER
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CORPORAtE
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SMR&H
STATE OF CALIFORNIA
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COUNTY OF
On
, betore me,
notary public, personally appeared
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official.
seal.
NOTARY PUBLIC
1t}92 N.~lcmlO..N&)r.A.I')'A.IJ(lchtlon,
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CAP ACI'rY
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BY
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TRUSl'.E:E(S)
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sIC:;;I1.HEt 15 REPRESENTING:
(NoMll'lil. o)! P.">i.~n (,II:
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'IIiU CERTIF1CATD1lJSt DI. ArIACHEE'TO
THE DOCUHEKTf)iSC~J:1'f..r.JB.XlOW I
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STATE OF' CALIFORNIA
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COUNTY OF
On
, before me,
notary pUblic, perSonally appeared
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satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/soe/
they executed the same in his/herl
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(el or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
190;Z ,.,..t 1l:.:"l.'~Not,",r30'J\;Oauc I At i>:,,,-,
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I4J018
LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Pe~forrnance
Form:
Amount: $184,500.00
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Exhibit "B"
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Improvement security - Material and Labor:
Forn:
Amount: $184,500.00
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Exhibit "C"
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Improvement security - Monuments:
Form:
Amount: $5,000.00
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Exhibit "0"
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Improvement security - Landscaping
and Irrigation:
Form:
Amount: $100,000.00
~~~
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Exhibit "E"
SMR&H
Improvement security - Grading
Form:
Amount: $717,000.00
S@curiti@s approved as to form and amount
by city Attorney
City Attorney
Improvement Completion Date:
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--,.
--
RESOLUTION NO.
/7dlf
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENTS TO SATISFY CONDITIONS
OF APPROVAL M, N, 0 AND P OF CHULA VISTA TRACT
NO. 92-05 AND CONDITIONS OF APPROVAL S, T, U
AND V OF CHULA VISTA TRACT NO. 93-01 AND
AUTHORIZING THE MAYOR TO EXECUTE SAME
WHEREAS, the developer has executed and submitted to the
City supplemental subdivision agreements to comply with conditions
of approval M, N, 0 and P of Chula vista Tract No. 92-05 Tentative
Map and conditions of approval S, T, U and V of Chula vista Tract
No. 93-01 Tentative Map (Resolution 16900); and
WHEREAS, Conditions M (Chula Vista Tract 92-05) and S
(Chula Vista Tract 93-01) require the developer to hold the City
harmless from any liability due to erosion, siltation or increased
flow; and
WHEREAS, Condition N (Chula vista Tract 92-05) and
Condition V (Chula Vista Tract 93-01) requires the developer to
agree that the City has the right to withhold building permits
while development thresholds are deficient; and
WHEREAS, Condition 0 (Chula vista Tract No. 92-05) and T
(Chula vista Tract No. 93-01) requires the developer to defend,
indemnify and hold harmless the City from any action against any
approval of the city with regard to this subdivision; and
WHEREAS, Condition P (Chula vista Tract No. 92-05) and
Condition U (Chula Vista Tract No. 93-01) requires the developer to
insure equal opportunity to all franchised cable television
companies; and
WHEREAS, staff has reviewed said agreements and has found
them adequate and ready for acceptance by Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve Supplemental
Subdivision Improvement Agreements to satisfy conditions of
approval M, N, 0 and P of Chula vista Tract No. 92-05 and
conditions of approval S, T, U and V of Chula Vista Tract No. 93-
01, a copy of which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of
Chula vista is hereby authorized and dir ed to
Agreements for and on behalf of the City f hula V'
Presented by
Director of Bruce M. Booga
9 p- i7Cib- J.
e City of
x cute said
t
John P. Lippitt,
Public Works
f:\home\auomey\rdrssia
~97)
Recording Requested by:
CITY CLERK
CITY OF CHULA VISTA
WHEN RECORDED RETURN TO:
cit:. of Chula vista
276 Fourth Avenue
Chula Vista, California 91910
Attention: city Attorney
SUPPLEMENTAL SUBDIVISION AGREEMENT
CHULA VISTA TRACT 92-05
This Supplemental Subdivision Agreement (the
"Agreement") is entered into this day of , 199
by and among the CITY OF CHULA VISTA, a municipal corporation
having charter powers (the "City"), RANCHO DEL REY PARTNERSHIP,
a California general partnership (the "Partnership") and RDR
BUSINESS CENTER, LTD., a California limited partnership (the
"Business Center"). For purposes of this Agreement, the
Partnership and the Business Center are jointly referred to
herein as the "Owner".
1. RECITALS. This Agreement is made with reference to the
following recital of facts, which recital constitutes a part of
this Agreement.
1.1 This Agreement concerns and affects certain real
property located in the City of Chula Vista, California
and more particularly described in the "Description of the
Property" attached hereto and incorporated herein by this
reference as Exhibit No.1 (the "Property"). All of the
Property is currently owned by either the Partnership or
the Business Center. The Partnership and the Business
Center agree for purposes of this Agreement to be jointly
and severally bound by this Agreement and to individually
and jointly perform all obligations of the Owner pursuant
to this Agreement.
1.2 Owner is the owner and developer of the
Property.
1.3 Owner has applied for tentative approval to
subdivide the Property and is planning to transfer
S\A013416T.NAI
030193
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portions of the Property to commercial and retail
developers for the construction of commercial and retail
uses including but not limited to major retail facilities
of 100,000 square feet or larger.
1.4 City by Resolution No. 16900 adopted
November 24, 1992 has granted a Tentative Subdivision Map
commonly referred to as CVT-92-05 (the "Tentative
Subdivision Map") for the subdivision of the Property
subject to certain conditions set forth in Resolution
16900 including the following:
1.4.1 Condition M which provides that Owner
shall enter into a Supplemental Subdivision Agreement
to hold the City harmless from any liability for
erosion, siltation, or increased flow of drainage
resulting from this project.
1.4.2 Condition N which provides that Owner
shall enter into a Supplemental Subdivision Agreement
to authorize the City to withhold building permits
for any unit in the subject subdivision, or other
property within Rancho del Rey SPA III, as may be
agreed to by the City and Owner, if anyone of the
following occur:
(1)
(2)
(3)
(4)
S\A013U6I.NAI
030193
Regional development threshold limits set
by the East Chula Vista Transportation
Phasing Plan have been reached.
Traffic volumes, levels of service, public
utilities and/or services exceed the
adopted City threshold standards.
All public facilities required by the
Compiled RDR PFFP as amended by the
Commercial Center Amendment herewith
approved or as required by the City
Engineer to meet threshold standards
adopted by the City of Chula Vista, have
not been completed or constructed to the
satisfaction of the City.
If ongoing transportation studies (the
final HNTB SR-125 Financing Study, the
update to the East Chula vista
Transportation Phasing Plan, and the
Revised Development Forecast) as adopted by
the City, indicate that there is
insufficient capacity in the system for all
currently approved and anticipated
development projects. (These studies are
qo-L/
-2-
anticipated to be completed by February,
1993. )
1.4.3 Condition 0 which provides that Owner
shall enter into a Supplemental Subdivision Agreement
to defend, indemnify and hold harmless the City, and
its agents, officers and employees, from any claim,
action or proceeding against the City, or its agents,
officers or employees, to attack, set aside, void or
annual any approval by the City, including approvals
by its Planning Commission, City Council, or any
approval by its agents, officers, or employees with
regard to this subdivision, on the condition that
City shall promptly notify the subdivider of any
claim, action or proceeding and on the further
condition that the City fully cooperates in the
defense.
1.4.4 Condition P which provides that Owner
shall enter into a Supplemental Subdivision Agreement
to insure that all franchised cable television
companies have an equal opportunity to place conduit
to and provide cable television service for each lot
within the subdivision. However, Owner shall
restrict access to the conduit to only those
franchise cable television company(ies) who are and
remain in compliance with all of the terms and
conditions of the franchise and are in further
compliance with all other rules, regulations,
ordinances and procedures regulating and affecting
the operation of cable television companies as same
may have been, or may from time to time, be issued by
the City of Chula Vista. Said agreement shall be
approved by the City Attorney of City prior to final
map approval.
1.5 City and Owner have entered into a Development
Agreement pertaining to the Property (the "Development
Agreement") approved by the City Council of City on
November 30, 1992 by Ordinance No. 2530.
1.6 city and KMART Corporation and City and HOME
DEPOT, U.S.A., INC. have entered into agreements (the
"Implementing Agreements") approved by the City Council of
City on January 19, 1993 by Resolutions 16941 and 16940
respectively.
1.7 The Development Agreement and the Implementing
Agreements set forth among other things, the required DIF
payments and the requirements for development of the
Property.
S\A013416T.NAI
030193
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2. Aqreement Aoolicable to Subseauent Owners.
2.1 Aqreement Aoolicable to Subseauent Owners.
Except as to the provisions of Paragraphs 4 and 5, below,
entitled Condition N - "Transportation Phasing Plan" and
Condition 0 - "Subdivision Map Indemnity", respectively,
which are a duty of Owner alone and which shall not be
binding on good faith transferees for bona fide value of
the Owner, this Agreement shall be binding upon and inure
to the benefit of the successors, assigns, and interests
of the parties as to any or all of the Property until
released by the mutual consent of the parties.
2.2 Aareement Runs with the Land. Except as to the
provisions of Paragraphs 4 and 6, below, entitled
Condition N - "Transportation Phasing Plan" and Condition
o - "Subdivision Map Indemnity", respectively, which are a
duty of Owner alone and which shall not be binding upon
and run with the ownership of the land, the burden of the
covenants contained in this Agreement ("Burden") is for
the benefit of the land owned by the City adjacent to the
Property. It is the intent of the parties, and the
parties agree that this covenant shall be binding upon,
and run with, the ownership of the land which it burdens.
3. Condition M - Drainaae Indemnitv. In satisfaction of
condition M of Resolution No. 16900, Owner hereby agrees for
itself and its successors in interest to defend, indemnify and
hold harmless the City, its agents, officers and employees from
any liability for erosion, siltation, or increased flow of
drainage resulting from this project.
4. Condition N - Transoortation Phasinq Plan. In
satisfaction of Condition N of Resolution 16900, Owner hereby
authorizes City to withhold building permits for any unit in
the subject subdivision or any other property within Rancho del
Rey SPA III (Tentative Tract Map 90-2), as may be agreed by the
city and Owner, if anyone of the following occur:
(1) Regional development threshold limits set by the
East Chula vista Transportation Phasing Plan
have been reached.
(2)
Traffic volumes, levels of service, public
service, public utilities and/or services exceed
the adopted City threshold standards.
All public facilities required by the Compiled
RDR PFFP as amended by the Commercial Center
Amendment approved on November 24, 1992 by
(3)
S\A013416T .NAI
030193
q.o'lP
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Resolution No. 16900 or as required by the City
Engineer to meet threshold standards adopted by
the City of Chula Vista, have not been completed
or constructed to the satisfaction of the City.
5. Trip Deferral - In order to insure compliance with the
mitigation measures identified in EIR No. 92-02 and to satisfy
Condition N of Resolution 16900, Owner hereby authorizes city
to withhold building permits for Neighborhoods R-6 and R-7 (a
total of 391 P.M. peak trips, the "Deferral Trips") as shown on
the Rancho del Rey Spa III site utilization Plan (Tentative
Tract Map No. 90-2) if any entity seeks to acquire a building
permit for construction within either CVT 92-05 or CVT 93-01
prior to the completion of the HNTB SR-125 Financing study.
Owner hereby agrees to execute and to record any agreement
reasonably necessary to document the Deferral Trips prior to
the granting of a building permit.
In the event that building permits issued for the
Project (including both CVT 92-05 and CVT 93-01) result in the
generation of trips in excess of the Deferral Trips, prior to
the completion of the Interim SR-125 HNTB Study or, if ongoing
transportation studies (the final HNTB SR-125 Financing study,
the update to the East Chula vista Transportation Phasing Plan,
and the Revised Development Forecast) as adopted by the City,
indicate that there is insufficient capacity in the system for
all currently approved and anticipated development projects
then Owner and City shall mutually agree to restrict an
additional 60 P.M. peak trips. As a result of the Deferral
Trips, described herein, the Project shall be deemed to satisfy
all conditions as they presently exist.
Upon the approval by the City Council of the final
HNTB SR-125 Financing Study which indicates there is sufficient
capacity in the system for all currently approved and
anticipated development projects, initiation of an impact fee
to address the construction of SR-125 and approval by city
Council of the Revised Development Forecast, the deferral
required above may be terminated.
6. Condition 0 - Subdivision Map Indemnitv. In satisfaction
of Condition 0 of Resolution 16900, Owner hereby agrees to
defend, indemnify, and hold harmless the City, and its agents,
officers and employees, from any claim, action or proceeding
against the City, or its agents, officers or employees, to
attack, set aside, void or annul any approval by the City,
including approvals by its Planning Commission, City Council,
or any approval by its agents, officers, or employees with
regard to this sUbdivision, on the condition that City shall
promptly notify Owner of any claim, action or proceeding and on
S\A013416I.NAl
030193
qo-1
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the further condition that the City fully cooperates in the
defense.
7. Condition P - Cable TV. In satisfaction of Condition P of
Resolution No. 16900, Owner for itself and its successors in
interest hereby agrees to permit all cable television companies
franchised by the City of Chula vista equal opportunity to
place conduit to and provide cable television service for each
lot within the subdivision. Owner further agrees to grant, by
license or easement, and for the benefit of, and enforceable
by, the City of Chula Vista, conditional access to cable
television conduit within the subdivision properties only to
those cable television companies franchised by the City of
Chula Vis~a on the condition of which grant being that they are
and remain in compliance with, and that they promise to remain
in compliance with, the terms and conditions of the franchise
and with all other rules, regulations, ordinances, and
procedures regulating and affecting the operation of cable
television companies as same may have been, or may from time to
time be, issued by the city of Chula vista. Owner hereby
conveys to the City of Chula Vista the authority to enforce
said covenant by such remedies as the City determines
appropriate, including revocation of said grant upon a
determination by the City of Chula vista that they have
violated the conditions of the grant.
8. Recordinq. This Agreement, or an abstract hereof prepared
by either or both parties, may be recorded at the option of
either party.
9. Miscellaneous.
9.1 Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or
permitted by this Agreement or by law to be served on or
delivered to either party shall be in writing and shall be
deemed duly served, delivered, and received when
personally delivered to the party to whom it is directed,
or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.s. Mail, certified or
registered mail, return receipt requested, first-class
postage prepaid, addressed to the address indicated in
this Agreement. A party may change such address for the
purpose of this paragraph by giving written notice of such
change to the other party in the manner provided in this
paragraph. Facsimile transmission shall constitute
personal delivery.
City of Chula vista
S\A013416T.NAI
030193
~~
-6-
"
,
276 Fourth Avenue
Chula Vista, California 92010
Attention: Director of Public Works
Owner
Rancho del Rey Partnership
2727 Hoover Avenue
National City, California 92050
Attention: Mr. Ken Baumgartner
With a copy to:
HOME Capital Corporation
707 Broadway, Suite 1017
San Diego, California 92101
Attention: President
9.2 caotions. captions in this Agreement are
inserted for convenience of reference and do not define,
describe, or limit the scope of intent of this Agreement
or any of its terms.
9.3 Entire Aqreement. This Agreement contains the
entire agreement between the parties regarding the subject
matter hereof. Any prior oral or written representations,
agreements, understandings, and/or statements shall be of
no force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties
unless expressly noted.
9.4 Preoaration of Aqreement. No inference,
assumption or presumption shall be drawn from the fact
that a party or his attorney prepared and/or drafted this
Agreement. It shall be conclusively presumed that both
parties participated equally in the preparation and/or
drafting of this Agreement.
9.5 Attornevs' Fees. In the event of any dispute
arising out of this Agreement, the prevailing party in any
action shall be entitled to reasonable attorneys' fees in
addition to any other costs, damages, or remedies.
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be effective as of the day and year first
hereinabove set forth.
'tD....cy
S\A013416T.NAI
030193
-7-
Attest:
City Clerk
APPROVED AS TO FORM
Bruce M. Boogaard
City Attorney
Marcia Scully
Special Counsel to City
S\A013416T.NAI
030193
THE CITY OF CHULA VISTA
By
MAYOR
"Developer"
RANCHO DEL REY PARTNERSHIP, a
California general partnership
By: McMILLIN FINANCIAL, INC., a
California corporation
General Partner
By
By
By: HOME CAPITAL CORPORATION, a
California corporation,
General Partner
By
By
10'10
-8-
RDR BUSINESS CENTER, LTD., a
California limited partnership
By: McMILLIN COMMERCIAL
INDUSTRIAL
DEVELOPMENT, INC., a
California corporation,
a General Partner
By:
Its:
By:
Its:
By: McMILLIN COMMUNITIES, INC.,
a California corporation,
a General Partner
By:
Its:
By:
Its:
By: McMILLIN DEVELOPMENT, INC.,
a California corporation,
a General Partner
By:
Its:
By:
Its:
S\A013416T.NAI
030193
qo", "
-9-
EXHIBIT NO. 1
DESCRIPTION OF PROPERTY
~I'i
EXHIBIT NO. 1-1
ACKNOWLEDGMENTS
STATE OF CALIFORNIA
COUNTY OF
On
, before me,
notary public, personally appeared
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
1992 NationalNotaryAssociation,
Canoga Park, CA
qO-I:;
CAPACITY
SIGNER
CLAIMED
BY
INDIVIDUAL(S)
CORPORATE
OFFICER(S)
TITLE
PARTNEReS)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
(Name of Person or
Entity)
THIS CERTIFICATlMUST BE ATTACHEDTO
THE DOCUMENTDESCRIBEDBELOW:
Titleor Type of Document:
l'Iumoero:J: rages
Date of Document.
Signer(s)Other .lnan nameQAOOVe;
STATE OF CALIFORNIA
)
)
)
COUNTY OF
On
, before me,
notary public, personally appeared
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
1992 NationalNotaryAssociation,
Canoga Park, CA
Cll)'1 If-
CAPACITY
SIGNER
CLAIMED
BY
INDIVIDUAL(S)
CORPORATE
OFFICER(S)
TITLE
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING;
(Name of Person or
Entity)
THIS CERTIFICATHruST BE ATTACHEDTO
THE OOCUMENTDESCRIBEDBELOW:
Title or Type of Document:
tfumDeroI rages
Date of Documen't
Signer(s)Other .Lnan lIIameaADove:
STATE OF CALIFORNIA
)
)
)
COUNTY OF
On
, before me,
notary public, personally appeared
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
1992 NationalNotaryAssociation,
CanogaPark, CA
c;t>-o
CAPACITY
SIGNER
CLAIMED
BY
INDIVIDUAL(S)
CORPORATE
OFFICER(S)
TITLE
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
(Name of Person or
Entity)
THIS CERTIFICATlMUST BE ATTACHEDI'D
THE DOCUMENTDESCRIBEDBELOW:
Title or Type of Document:
l'IurnDerOI: rages
Date of Document.
Signer(s )Other loan l'IameaAcove:
STATE OF CALIFORNIA
)
)
)
COUNTY OF
On
, before me,
notary public, personally appeared
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
1992 NationalNotary Associat ion,
Canoga Park, CA
'lO'" , II
CAPACITY
SIGNER
CLAIMED
BY
INDIVIDUAL(S)
CORPORATE
OFFICER(S)
TITLE
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING;
(Name of Person or
Ent.it.y)
THIS CERTIFICAT1MUST BE ATTACHEDTO
THE DOCUMENTDESCRIBEDBELOW:
Tit.le or Type of Document:
ftumoero:l: .t'ages
Date of Documen't
Signer(s)Other lnau 1\IameO^DOve:
STATE OF CALIFORNIA
)
)
)
COUNTY OF
On
, before me,
notary public, personally appeared
o personally known to me or
o proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
1992 NationalNotaryAssociation,
CanogaPark, CA
90-' .,
CAPACITY
SIGNER
CLAIMED
BY
INDIVIDUAL(S)
CORPORATE
OFFICER(S)
TITLE
PARTNER(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
GUARDIANfCONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
(Name of Person or
Entity)
THIS CERTIFICAT!MUST BE ATTACHEDTO
THE DOCUMENTDESCRIBEDBELOW:
Title or Type of Docwnent:
I'lumDer OJ: rages
Date of Document:
Signer (s )Other .lnan namea ADove:
Exhibit "A"
LIST OF EXHIBITS
Improvement Security - Faithful Performance
Form:
Amount: $105,500.00
.~,,\)
"NO'! sc~,.,
qo- It'
Exhibit "B"
Improvement security - Material and Labor:
Form:
Amount: $105,500.00
~~~\)
~O't SC
<fo'" \~
Exhibit "C"
Improvement Security - Monuments:
Form:
Amount: $1,000.00
.N.~~\)
~O'{SC~'
qo,aD
Exhibit "0"
Improvement Security - Landscaping
and Irrigation:
Form:
Amount: $35,000.00
.~~D
~O'{ SCN-'.'
9o...a'
Exhibit "E"
Improvement security - Grading
Form:
Amount: $140,000.00
securities approved as to form and amount
by City Attorney
City Attorney
Improvement Completion Date:
.",""-, i};
~t,j(;.!'
~O't se
'to,~
~9])
Recording Requested By:
CITY CLERK
CITY OF CHULA VISTA
..
WHEN RECORDED RETURN TO:
'bG~~
~O<\.
City of Chula vista
276 Fourth Avenue
Chula Vista, California 91910
Attention: City Attorney
SUPPLEMENTAL SUBDIVISION AGREEMENT
CHULA VISTA TRACT 93-01
RANCHO DEL REY COMMERCIAL CENTER - PRICE CLUB
THIS SUPPLEMENTAL SUBDIVISION AGREEMENT (the
"Agreement") is entered into this day of , 199
by and among the CITY OF CHULA VISTA, a municipal corporation
having charter powers ("city"), RANCHO DEL REY PARTNERSHIP, a
California general partnership (the "Partnership") and RDR
BUSINESS CENTER, LTD., a California limited partnership (the
"Business Center"). For purposes of this Agreement, the
Partnership and the Business Center are jointly referred to
herein as the "Owner".
1. RECITALS
This Agreement is made with reference to the
following recital of facts, which recital constitutes a part of
this Agreement:
1.1 This Agreement concerns and affects certain real
property located in the City of Chula Vista, California
and more particularly described in the "Description of the
Property" attached hereto and incorporated herein by this
reference as Exhibit No.1 (the "Property"). All of the
Property is currently owned by either the Partnership or
The Business Center. The Partnership and The Business
Center agree for purposes of this Agreement to be jointly
and severally bound by this Agreement and to individually
and jointly perform all Obligations of the Owner pursuant
to this Agreement.
1.2
Property.
OWNER is the owner and developer of the
S\A013416S.NAI
021993
CfD-3
-1-
1.3 Owner has applied for tentative approval to
subdivide the Property and is planning to transfer the
Property to commercial and retail developers for the
construction of commercial and retail uses including but
not limited to major retail facilities of 100,000 square
feet or larger.
1.4 City, by City Council Resolution No. 16900,
adopted on November 24, 1992 has granted a Tentative
Subdivision Map commonly referred to as CVT-93-01 (the
"Tentative Subdivision Map") for the subdivision of the
Property subject to certain conditions set forth in
Resolution 16900 including the following:
1.4.1 Condition S which provides: that Owner
shall enter into a Supplemental Subdivision Agreement
to hold the City harmless from any liability for
erosion, siltation, or increased flow of drainage
resulting from this project.
1.4.2 Condition T which provides that Owner
shall enter into a Supplemental Subdivision Agreement
to defend, indemnify, and hold harmless the City, and
its agents, officers, and employees from any claims,
action or proceeding against the City or its agents,
officers or employees, to attack, set aside, void or
annual any approval by the City, including approvals
by its Planning Commission, City Council, or any
approval by its agents, officers, or employees with
regard to this subdivision, on the condition that
City shall promptly notify the subdivider of any
claim, action or proceeding and on the further
condition that the City fully cooperates in the
defense.
1.4.3 Condition U which provides that Owner
shall enter into a Supplemental Subdivision Agreement
to insure that all franchised cable television
companies have an equal opportunity to place conduit
to and provide cable television service for each lot
within the subdivision. However, Owner shall
restrict access to the conduit to only those
franchise cable television company(ies) who are and
remain in compliance with all of the terms and
conditions of the franchise and which are in further
compliance with all other rules, regulations,
ordinances and procedures regulating and affecting
the operation of cable television companies as same
may have been, or may from time to time, be issued by
the City of Chula Vista. Said agreement shall be
approved by the City Attorney of City prior to final
map approval.
S\A013416S.NAI
021993
10-'+
-2-
-1
~
1.4.4 Condition V which provides that Owner
shall enter into a Supplemental Subdivision Agreement
to authorize the City to withhold building permits
for any unit in the subject subdivision, or other
property within Rancho del Rey SPA III, as may be
agreed to by the City and Owner, if anyone of the
following occur:
(1) Regional development threshold limits set
by the East Chula Vista Transportation
Phasing Plan have been reached.
(2) Traffic volumes, levels of service, public
service, public utilities and/or services
exceed the adopted City threshold
standards.
(3) All public facilities required by the
Compiled RDR PFFP as amended by the
Commercial Center Amendment herewith
approved or as required by the City
Engineer to meet threshold standards
adopted by the City of Chula Vista, have
not been completed or constructed to the
satisfaction of the City.
(4) If on-going transportation studies (the
final HNTB SR-125 Financial Study, the
update to the East Chula Vista
Transportation Phasing Plan, and the
Revised Development Forecast) as adopted by
the City, indicate that there is
insufficient capacity in the system for all
currently approved and anticipated
development projects. (These studies are
anticipated to be completed by February,
1993.)
1.5 City, Owner and THE PRICE COMPANY ("Retailer")
have entered into a Public Facilities Financing and
Implementation Agreement (the "Implementation Agreement")
as approved by the City Council of City by Resolution No.
16942 adopted on January 19, 1993.
1.6. The Implementation Agreement provides for the
payment of DIF fees by the Price Company.
qo~
S\A013416S.NAI
021993
-3-
2. Aareement ADDlicable to Subseauent Owners.
2.1 Aareement Bindina UDon Successors. Except as to
the provisions of Paragraphs 4 and 6 below entitled
Condition T - "Subdivision Map Indemnity" and Condition V
"Transportation Phasing Plan", respectively, this
Agreement shall be binding upon and inure to the benefit
of the successors, assigns and interests of the parties as
to any or all of the Property until released by the mutual
consent of the parties.
2.2 Aareement Runs with the Land. Except as to the
provisions of Paragraphs 4 and 6 below entitled Condition
T - "Subdivision Map Indemnity" and Condition V
"Transportation Phasing Plan", respectively, the burden of
the covenants contained in this Agreement ("Burden") is
for the benefit of the land owned by the City adjacent to
the Property. The burden touches and concerns the
Property. It is the intent of the parties, and the
parties agree, that this covenant shall be binding upon,
and run with, the ownership of the land which it burdens.
3. Condition S - Drainaae Indemnitv. In satisfaction of
Condition S of Resolution No. 16900, Owner hereby agrees for
itself and its successors in interest to defend, indemnify and
hold harmless the City, its agents, officers and employees from
any liability for erosion, siltation or increased flow of
drainage resulting from this project.
4. Condition T - Subdivision MaD Indemnitv. In satisfaction
of Condition T of Resolution No. 16900, Owner hereby agrees on
the condition that City shall promptly notify the Owner of any
claim, action or proceeding and on the further condition that
the City fully cooperates in the defense, the Owner shall
defend, indemnify, and hold harmless the City and its agents,
officers, and employees, from any claim, action or proceeding
against the City, or its agents, officers, or employees, to
attack, set aside, void or annul any approval by the City,
including approvals by its Planning Commission, City Councilor
any approval by its agents, officers or employees with regard
to this subdivision.
5. Condition U - Cable Television. In satisfaction of
Condition U of Resolution No. 16900, Owner hereby agrees for
itself and its successors in interest to permit all cable
television companies franchised by the City of Chula vista
equal opportunity to place conduit to and provide cable
television service for each lot within the subdivision. Owner
further agrees to grant, by license or easement, and for the
S\A013416S.NAI
021993
qo"'W
-4-
benefit of, and enforceable by, the City of Chula Vista,
conditional access to cable television conduit within the
subdivision properties only to those cable television companies
franchised by the city of Chula Vista the condition of which
grant being that they are and remain in compliance with, and
that they promise to remain in compliance with, the terms and
conditions of the franchise and with all other rules,
regulations, ordinances, and procedures regulating and
affecting the operation of cable television companies as same
may have been, or may from time to time be, issued by the City
of Chula vista. Owner hereby conveys to the City of Chula the
authority to enforce said covenant by such remedies as the City
determines appropriate, including revocation of said grant upon
a determination by the City of Chula vista that they have
violated the conditions of the grant.
6. Condition V - Transoortation Phasina Plan. In
satisfaction of Condition vof Resolution 16900, Owner hereby
authorizes city to withhold building permits for any unit in
the subject subdivision or any other property within Rancho del
Rey SPA III (Tentative Tract Map 90-2), as may be agreed by the
city and Owner, if anyone of the following occur:
(1) Regional development threshold limits set by the
East Chula vista Transportation Phasing Plan
have been reached.
(2) Traffic volumes, levels of service, public
service, public utilities and/or services exceed
the adopted City threshold standards.
(3) All public facilities required by the Compiled
RDR PFFP as amended by the Commercial Center
Amendment approved on November 24, 1992 by
Resolution No. 16900 or as required by the City
Engineer to meet threshold standards adopted by
the City of Chula Vista, have not been completed
or constructed to the satisfaction of the City.
7. Trio Deferral - In order to insure compliance with
the mitigation measures identified in EIR No. 92-02 and to
satisfy Condition V of Resolution 16900, Owner hereby
authorizes City to withhold building permits for Neighborhoods
R-6 and R-7 (a total of 391 P.M. peak trips, the "Deferral
Trips") as shown on the Rancho del Rey Spa III site Utilization
Plan (Tentative Tract Map No. 90-2) if any entity seeks to
acquire a building permit for construction within either CVT
92-05 or CVT 93-01 prior to the completion of the HNTB SR-125
Financing Study. Owner hereby agrees to execute and to record
any agreement reasonably necessary to document the Deferral
Trips prior to the granting of a building permit.
S\A013416S.NAI
021993
QO-1
-5-
In the event that building permits issued for the
Project (including both CVT 92-05 and CVT 93-01) result in the
generation of trips in excess of the Deferral Trips, prior to
the completion of the Interim SR-125 HNTB study or, if ongoing
transportation studies (the final HNTB SR-125 Financing study,
the update to the East Chula Vista Transportation Phasing Plan,
and the Revised Development Forecast) as adopted by the City,
indicate that there is insufficient capacity in the system for
all currently approved and anticipated development projects
then Owner and City shall mutually agree to restrict an
additional 60 P.M. peak trips. As a result of the Deferral
Trips, described herein, the Project shall be deemed to satisfy
all conditions as they presently exist.
Upon the approval by the City Council of the final
HNTB SR-125 Financing study which indicates there is sufficient
capacity in the system for all currently approved and
anticipated development projects, initiation of an impact fee
to address the construction of SR-125 and approval by City
Council of the Revised Development Forecast, the deferral
required above may be terminated.
7. Recordina. This Agreement, or an abstract hereof prepared
by either or both parties, may be recorded at the option of
either party.
8. Miscellaneous.
8.1 Notices. Unless otherwise provided in this Agreement
or by law, any and all notices required or permitted by this
Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party
to whom it is directed, or in lieu thereof, when three (3)
business days have elapsed following deposit in the U.s. Mail,
certified or registered mail, return receipt requested, first-
class postage prepaid, addressed to the address indicated in
this Agreement. A party may change such address for the
purpose of this Agreement. A party may change such address for
the purpose of this paragraph by giving written notice of such
change to the other party in the manner provided in this
paragraph. Facsimile transmission shall constitute personal
delivery.
City of Chula vista
276 Fourth Avenue
Chula Vista, California 92010
Attention: Director of Public Works
S\A013416S. HAl
021993
qO~8'
-6-
Owner
Rancho del Rey Partnership
2727 Hoover Avenue
National City, California 92050
Attention: Mr. Ken Baumgartner
with a copy to:
HOME Capital Corporation
707 Broadway, suite 1017
San Diego, California 92101
Attention: President
8.2 captions. Captions in this Agreement are inserted
for convenience of reference and do not define, describe, or
limit the scope or intent of this Agreement or any of its
terms.
8.3 Entire Aareement. This Agreement contains the entire
agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and
effect. This Agreement is not intended to supersede or amend
any other agreement between the parties unless expressly noted.
8.4 Preparation of Aareement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in
the preparation and/or drafting of this Agreement.
8.5 Attornevs' Fees. In the event of any dispute arising
out of this Agreement, the prevailing party in any action shall
be entitled to reasonable attorneys' fees in addition to any
other costs, damages, or remedies.
ql)-q
S\A013416S.NAI
021993
-7-
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be effective as of the day and year first
hereinabove set forth.
THE CITY OF CHULA VISTA
By
MAYOR
Attest:
City Clerk
APPROVED AS TO FORM
Bruce M. Boogaard
City Attorney
Marcia Scully
Special Counsel to City
lUriD
S \A013U6S. HAl
021993
-8-
"Developer"
RANCHO DEL REY PARTNERSHIP, a
California general partnership
By: McMILLIN FINANCIAL, INC., a
California corporation
General Partner
By
By
By: HOME CAPITAL CORPORATION, a
California corporation,
General Partner
By
By
RDR BUSINESS CENTER, LTD., a
California limited partnership
By: McMILLIN COMMERCIAL
INDUSTRIAL
DEVELOPMENT, INC., a
California corporation,
a General Partner
By:
Its: .
By:
Its:
QO"'"
S\A013416S.HAI
021993
-9-
By: McMILLIN COMMUNITIES, INC.,
a California corporation,
a General Partner
By:
Its:
By:
Its:
By: McMILLIN DEVELOPMENT, INC.,
a California corporation,
a General Partner
By:
Its:
By:
Its:
Qo'cr
S\A013416S.NAI
021993
-10-
EXHIBIT 1
DESCRIPTION OF PROPERTY
[To be added]
qO - '-'
EXHIBIT NO. 1-1
ACKNOWLEDGMENTS
STATE OF CALIFORNIA
)
)
)
COUNTY OF
On
, before me,
notary public, personally appeared
D personally known to me or
D proved to me on the basis of
satisfactory evidence to be the
person(s) whose name(s) is/are
subscribed to the within instrument
and acknowledged to me that he/she/
they executed the same in his/her/
their authorized capacity(ies), and
that by his/her/their signature(s)
on the instrument the person(s) or
the entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand and official
seal.
NOTARY PUBLIC
1992 SationalNotaryAssoeiation,
Canol_Park, CA
ctb- '4
CAPACITY
SIGNER
CLAIMED
BY
INDIVIDUAL(S)
CORPORATE
OFFICER(S)
TITLE
PART\IEIl(S)
ATTORNEY-IN-FACT
TRUSTEE(S)
SUBSCRIBING
WITNESS
GUARDIAN/CONSERVATOR
OTHER :
SIGNER IS REPRESENTING:
(Name of Person or
Entity)
THIS CERTIFICATJMUST BE ATTACHEDTO
THE OOCUMEJlTDESCRIBEDBELOW:
Titl.or Type of Document:
nUZDDer OJ: raSes
Date of Documen~
Silner(s)Othar.Lnan nameG.ADove:
RESOLUTION NO.
/7GJ)~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO EXECUTE
DEEDS QUITCLAIMING ANY TITLE INTEREST IN
PROPERTIES TO BE OWNED BY THE OTHER PARTIES
SIGNING THE MAPS AFTER RECORDATION OF SAID
MAPS
WHEREAS, on November 11, 1992, by Resolution No. 16900,
the City Council approved the Tentative Subdivision Maps for Chula
vista Tracts 92-05 and 93-01, Rancho del Rey Commercial Center west
and east, respectively; and
WHEREAS, approval of these maps will also approve the
boundary adjustment between McMillin properties and open space lots
owned by the City; and
WHEREAS, to complete the boundary adjustment, the City
and the developer will have to execute and record deeds
quitclaiming any title interest in properties to be owned by the
other parties signing the map; and
WHEREAS, the quitclaim deeds are necessary to clear the
title of the lots to be retained by the developer since the city is
signing the map as an owner.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby authorize the Mayor to execute
deeds quitclaiming any title interest in properties to be owned by
the other parties signing the maps after recordatio f said maps.
Presented by
John P. Lippitt, Director of
Public Works
c'ty
F:\bome\aUomey\rdr.QC
9E--/
COUNCIL AGENDA STATEMENT
Item I It)
ITEM TITLE:
Meeting Date 3/9/93
Resolution I ? 4.2.5' Approving Pinal Map and Subdivision
Improvement Agreement for Chu1a Vista Tract 91-01, Salt Creek 1
Condominiums
Resolution 1"7" J I, Approving Supplemental Subdivision
Improvement Agreement regarding Conditions 23, 24 and 25 and
authorizing the Mayor to execute same
Resolution I ?p,J ') Approving an agreement between P.N.
Development Company Bravo, Otay Water District and the City of Chu1a
Vista to comply with Condition #18 and authorizing the Mayor to execute
the same
SUBMITTED BY: Director of Public Works
rUV
REVIEWED BY: City Managerfi2
(4/Sths Vote: Yes_No..xJ
On April 21, 1992, by Resolution 16593, the City Council approved the Tentative Subdivision
Map for Chu1a Vista Tract 91-01, Salt Creek I Condominiums. The final map for said tentative
map is now before Council for approval.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project is generally located southwest of the intersection of Mt. Miguel Road and future
McKenzie Creek Road and consists of 1110ts containing 141 condominium units and one lettered
lot for open space, public utilities and other public purposes.
The final map for Chu1a Vista Tract 91-01 Salt Creek I Condominiums has been reviewed by
the Public Works Department and found to be in substantial conformance with the approved
tentative map. Approval of the final map constitutes acceptance on behalf of the public of a
portion of Mt. Miguel Road; Lot "A" for open space, public utilities and other public uses;
acceptance on behalf of the City of Chu1a Vista easements with the right of ingress and egress
for the construction and maintenance of street tree planting along Mt. Miguel Road, and the
emergency access easement all as shown on the final map.
The developer has constructed the required public improvements with construction permit
PC880, paid all applicable fees, and has provided a bond to guarantee the monumentation for
10-1
Page 2, Item J ()
Meeting Date 3/9/93
said subdivision. All conditions of approval of the tentative map have been met with the
approval of the agreements for Conditions 18, 23, 24, and 25.
Condition 37 of Salt Creek I Tentative Map, Units 1, 2, and 3 required the developer to enter
into the agreement before Council tonight prior to issuance of building permits for Unit 4 of Salt
Creek I. Condition 18 was included in the conditions of approval for Salt Creek I
Condominiums to assure that this final map would not be approved before complying with
condition 37 of the Salt Creek I map. At the time Condition 18 of the map was written, staff
did not know what would be required to comply with Otay Water District's requirements. This
condition was needed to provide for the exchange of sewage between two pipeline systems. Salt
Creek I is now flowing into the County Frisbee system, which eventually flows into the Spring
Valley trunk line. Otay Water District now owns capacity in the Frisbee line of 1.2 million
gallons per day (mgd). The agreement is to give Chula Vista Otay's 1.2 mgd capacity in the
Frisbee line in exchange for 1.2 mgd in the future Salt Creek line that will drain into Otay
Valley sewer system. This would avoid major pumping costs by both the City and Otay Water
District. Approval of the subject agreement will meet all requirements of Condition 18.
The agreement before Council tonight satisfies Otay Water District's concerns and provides for
the Salt Creek sewer line to be designed for an additional 1.2 (MGD) flow to handle Otay Water
District's flows. It also limits building permit issuance until specific tasks and construction of
the Salt Creek Trunk sewer are completed. The City's responsibilities are to assure the design
includes the requested capacity and to withhold issuance of building permits if the design and
construction of the Salt Creek Sewer have not been accomplished in accordance with the
tresholds contained in the agreement. Otay Water District's Board has approved the agreement.
The Conditions of Approval which will be met with approval of the Supplement Subdivision
Improvement Agreement are:
1. Condition 23 which required the developer to enter into an
agreement wherein the City may withhold permits for any units in
the project if traffic on East H Street exceeds the levels of service
identified in the City's thresholds;
2. Condition 24 which required the developer to hold the City
harmless for any claim or action against the City with regard to the
approval of this subdivision;
3. Condition 25 which required the developer to enter into an
agreement with the City relating to the provision of franchise
television services to the subject property.
A plat is available for Council viewing.
FISCAL IMPACT: Not applicable.
File: BY -360
WPC F:\HOME\ENOINEER\AOENDA\saItcrek.map
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CHULA VI S T A TRACT en -01
SAL T CREEK I CONDOMINIUMS
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FEB-25-'93 THU 10:34 ID:CITY OF CHULA, VIS.~A TEL NQ:FAX 619...691 5171
11422 P02
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nIB CITY OF CHUI..A VIS'!'A DlSa.osURB STA'I'BMENT
You arc required 10 f1~ a Slalemenl of Disclosure of e6naln ownellbip or flnanctat Illtere8\1, p8yl11enll, or gampllllll
IlOntrlbuliOll5, on aU mailers which IlIIII require dl&mllODary action on tbe pan of Ihe City Coulldt,l'laIIDIng Olmmbalon, an4
all olher omelal bodlCl. The followlnglnformalloll mllSt be dlscl<>Sed:
I. L\Jllhe Dames of all pelSOm havillg a financlallnterest In tbe property which 1& tbe '\lbJect of the application or lbe
contract, e.g.. owner. applicanl, IlOlItraCtOr, subconltllctor, materlal supplier.
r-.f'J. t?'l:V~~~~~"'T". &/dVo
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2. If any penon. identified pUl'&uanl 10 (I) alloYe 1& a corporation or pannenhlp,lIst the DanlCI ohU individuals owning
more Ihall 1091\ of Ihe shar. In Ibe corpDtlItlon or owning any pannersblp IIIlercl1tIII lbo pannenhlp.
Icnn ~ (' .-vt:P,
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serving as director of Ibe non-profit organization or as tl'\lSlee or beneficiary or tl'\lStor of tbe tl'\l&\.
Have YOII had more Ihan SZSO WOMh of business transacted wilb any me~r of Ihe City stall'. Boards, Commissions,
Committees. and Council within the pasl twelve months? Yes_ No If yes, please Indlc:ate pellOn(s):
Please Idenlify eacb and every person, Incllldlng any agents, employees. oonsllltants. orhldepcndenl contractors wbo
you have assigned to represent you before the City In Ibis matter. .
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CIIrtent or precedln8 etection period? Ya_ NO~ If:yea. atate which Collllcllmember(s):
AttadI addltloaal.... · -')?Jy) ~ ·
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Sllnalure of colltraetor/appllgant
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· · · (Nan!:
Date: ~ -1.. -CJ '2:.
RESOLUTION NO. 16593
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE TENTATIVE SUBDIVISION MAP FOR SALT
CREEK I CONDOMINIUMS, CHULA VISTA TRACT PCS-9I-01
WHEREAS, a duly verified application for a tentative subdivision map was
filed with the Planning Department of the City of Chula Vista on January 8, 1992
by the Baldwin Company; and,
WHEREAS, said application requested a tentative subdivision map known as
Salt Creek I Condominiums, Chula Vista Tract, PCS-9I-01 ("Project"), in order to
subdivide 9.3 acres into ten (10) lots for a 141 unit multi-family residential
development, including 13 low and 39 moderate income housing units, and one (1)
open space lot; and,
WHEREAS, the time and place for a hearing before the City Council was set
on said tentative subdivision map application and notice of said hearing,
together with its purpose, was given by its publication in a newspaper of general
circulation in the City and by mailing' same to property owners within 300 feet
of the exterior boundaries of the property at least ten days prior to the
hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely
6:00 p.m., April 21, 1992, in the Council Chambers, 276 Fourth Avenue, before the
Council and said hearing was thereafter closed; and
WHEREAS, pursuant to Section 3.6, Environmental Review Procedures of the
City of Chula Vista, the Environmental Review Coordinator found that no new
effects on the environment would occur and no new mitigation measures would be
required for this Project other than those described in the environmental impact
report, EIR-89-06, prepared for Salt Creek I General Plan Amendment, Zone Change,
Sectional Planning Area (SPA) Plan Amendment, Tentative Tract Map 89-09 and
Conceptual Site Plan; this project implements and falls under the purview of EIR-
89-06.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby find, determine, resolve and order as follows:
SECTION 1.
Conformance with General Plan.
Pursuant to Section 66473.5 of the Subdivision Map Act, the
tentative subdivision map for Salt Creek I Condominiums, Chula
Vista Tract PCS-9I-OI, is found to be in conformance with the
various elements of the City's General Plan based on the
following:
1. The site is physically suitable for a ten lot, 141 unit
residential and one lot open space development, and the
proposal conforms to all standards established by the
City for such projects.
/~~
Resolution No. 16593
Page 2
2. The design of the subdivision will not affect the
existing improvements -- streets, sewers, etc. -- which
have been designed to avoid any serious problems.
3. The project is in substantial conformance with the Chula
Vista General Plan Elements as follows:
a.
b.
c.
.d.
Land Use - The project density of 15.16 dwelling
units per acre is consistent with the Medium High
Density range of 11-19.9 du/ac.
e.
Circulation - The project has a circular driveway
system along the outside boundary of the
residential lots with appropriate.ly placed
driveways to parking areas. Also included at
strategi c 1 ocati ons are hammerhead turnarounds
for larger vehicles, specifically fire-fighting
apparatuses.
Housing - This project is required to include low
and moderate income housing. An agreement
between the City Council and the applicant
executed on March 3, 1992 states that the project
shall include 13 low and 39 moderate income
housing units.
Conservation - Previous mitigation required that
other areas within Salt Creek I containing costal
sage scrub habitat be preserved both on and off-
site, and that an on-site area be provi ded for
the Otay Tarplant. There are, however, no areas
within this project targeted for preservation.
Park and Recreati on, Open Space - Thi s project
provides for one open space lot which is
conditioned to be granted in fee to the City, but
will be maintained by the Eastlake Maintenance
District No.1. Park Acquisition and Development
fees will be required prior to Final Map
approval.
Seismic Safety - There are no known active faults
within the vicinity. The closest potentially
active fault is located approximately two miles
to the west of the site.
f.
g.
Safety - Provision of adequate police protection
will be verified by the Chula Vista Police
Department pri or to the issuance of buil di ng
permits. A one acre fire station site within the
vicinity of this project will be constructed as
part of the overall development of Salt Creek
/~ ,(,
Resolution No. 16593
Page 3
Ranch. (The construction of the fire station is
not a condi t i on of approval for Sa 1t Creek I
Condominiums - PCS-91-01.)
h. Noise - A noise attenuation wall is shown along
the eastern boundary of the open space lot
separating the residential buildings from the SR-
125 corridor. This wall must meet minimum City
standards in noise attenuation.
SECTION 2.
i. Scenic Highway - This project does not abut any
scenic highway.
j. Bicycle Routes - Mt. Miguel Road is a designated
bike route and will be designed accordingly.
k. Public Buildings - No public buildings are
proposed on the site. The project is required to
pay RCT fees pri or to the issuance of buil di ng
permits.
Consideration of Regional Housing Needs.
Pursuant to Section 66412.3 of the Subdivision Map Act, the
Council has considered the effect of this action on the
hous i ng needs of the regi on and has balanced those needs
against the public service needs of the residents of the City
and the available fiscal and environmental resources.
SECTION 4.
Consideration of Natural Heating and Cooling Opportunities.
Pursuant to Section 66473.1 of the Subdivision Map Act, the
Council has considered and determined that the design of the
subdivision provides to the extent feasible for future passive
or natural heating and cooling opportunities.
Conditional Approval of Tentative Map.
The City Council approves the tentative subdivision map for
Salt Creek I Condominiums, Chula Vista Tract PCS-9l-0l, based
on the findings in the foregoing sections of this Resolution,
subject to the following conditions:
1. Prior to Final Map approval, each project component
shall comply, and the subdivider shall submit proof that
each project component complies with, the City's
threshold standards to the satisfaction of the Director
of Planning.
2. The amount of fees applicable to the project, including
but not limited to PAD, DIF, and RCT fees, shall be
SECTION 3.
IP--/
Resolution No. 16593
Page 4
those in effect at the time that building permits are
legally issuable and are issued. .
3. The subdivider shall file a copy of the Declaration of
Covenants, Conditions and Restrictions (CC&R's)
applicable to the subject property with, and obtain the
approval of, the City of Chula Vista. The CC&R's shall
include:
a. Provisions for the formation of a home owner's
association (HOA) which shall assure maintenance
of all private driveways, common areas and
drainage systems. The City of Chula Vista shall
be named as party to said Declaration authorizing
the City to enforce the terms and conditions of
the Declaration in the same manner as any owner
within the subdivision.
b. Prohibition of television antennas, garage
conversions, parking outside of designated areas
and parking of recreational vehicles.
4. The grading of Lot 11 (Open Space Lot) shall provide a
level, clear area at least three feet wide, as measured
from face-of-wall to beginning-of-slope, along the
length of the west side of the noise attenuation wall,
as approved by the Ci ty Engi neer and the Di rector of the
Parks and Recreation Department.
5. The design and location of noise attenuation walls are
subject to revi ew and approval of the Di rector of
Planning.
6. Prior to approval of the Final Map by the City Council,
an affordab 1 e housi ng agreement shall be reached between
the applicant and the City Council.
7. Prior to the application for any building permit, plans
showing the design and location of a project identifica-
tion sign shall be submitted to the Director of Planning
for review and approval. The identification sign shall
contain the name of the complex and a location map,
shall be internally lit with maximum dimensions as
outlined in Section 19.60 of the Zoning Ordinance. The
sign shall be placed prominently at the entrance. The
design and materials shall be complementary to and
compatible with the approved architectural design of the
proj ect.
8. All surface improvements within the development shall be
designed as private driveways and parking.
/I),~
Resolution No. 16593
Page 5
9. Should the developer elect to file multiple final maps,
a phasing plan shall be approved by the City Engineer
and the Director of Planning indicating improvements to
be installed for each map prior to approval of the first
map. The recreation area shall be included as part of
the first phase. Parking shall be kept in balance with
the phasing.
10. Prior to the approval of any final map for any lot or
unit, the developer shall guarantee the construction of
all improvement (streets, sewers, drainage, utilities,
etc.) deemed necessary to provide service to such lot or
unit in accordance with City standards, which guaranty
shall, at the option of the City, be bonded in a form
satsifactory to the City.
11. The developer shall be responsible for the construction
of full street improvements in Mt. Miguel Road from the
existing temporary cul-de-sac south to the subdivision
boundary. Said improvements shall include, but not be
limited to, asphalt concrete pavement, base, concrete
curb, gutter and sidewalk, sewer and water utilities,
drainage facilities, street lights, signs and fire
hydrants. Access to the subject property shall be from
a driveway off a modified k~uckle located at the
intersection of Mt. Miguel Road and the future Salt
Creek Ranch. All design and construction criteria shall
be to the satisfaction of the City Engineer.
12. The developer shall be responsible for providing
adequate on-site and off-site right-of-way to construct
Mt. Miguel Road as required by the City Engineer. Said
right-of-way shall be annexed to the City of Chula Vista
and dedicated prior to approval of the Final Subdivision
Map.
13. The property owner sha 11 noti fy the Ci ty at 1 east 60
days prior to consideration of the Final Map by City if
off-site right-of-way cannot be obtained as required by
the Conditions of Approval. (Only off-site right-of-way
or easements affected by Section 66462.5 of the
Subdivision Map Act are covered by this condition.)
After said notification, the owner shall:
a. Pay the full cost of acquiring off-site right-of-
way 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 or easements, said
estimate to be approved by the City Engineer.
/~-i
Resolution No. 16593
Page 6
Have all easements
and plats prepared
are necessary
proceedings.
d. If the developer so requests, the City may use
its powers to acquire right-of-way, easements or
licenses needed for off-site improvements or work
related to the tentative map. The developers
shall pay all costs, both direct and indirect,
incurred in said acquisition.
and/or right-of-way documents
and appraisals complete which
to commence condemnat ion
c.
The requirements of a, band c above shall be
accomplished prior to approval of the Final Map.
All off-site requirements which fall under the purview
of Section 66462.5 of the State Subdivision Map Act will
be waived if the City does not comply with the 120 day
time limitation specified in the section of the Act.
14. The developer shall provide notarized letters of
permission for all off-site grading and construction of
improvements.
15. The developer shall grant to the City street tree
planting and maintenance easements along Mt. Miguel
Road. The width of said easements shall be as outlined
in the City's Street Design Standa~ds Policy.
16. Only sewers within public rights-of-way will be publicly
mai ntai ned . All sewers withi n the subject property
shall be privately maintained. The sizing and design of
the on-site sewer system shall be revised to reflect the
change from the proposed pub 1 i c system to a pri vate
system. The developer may reduce the size of the sewers
to meet minimum design standards.
17. Prior to approval of any final map, the developer shall
pay Spring Valley Sanitation District fees and Proctor
Valley Sewer fees.
18. Prior to approval of any final map, the developer shall
enter into an agreement with the City wherei nit is
agreed that the subject property is subject to
appl icable conditions and fees of future agreements
among the City, Spring Valley Sanitation District (SVSD)
and the Otay Water District regarding the use of the
trunk sewer constructed in conjunction with Salt Creek
I Units 1 - 3, the Frisbee Trunk Sewer, and the Spring
Valley Outfall Sewer.
/f)~/IJ
19.
20.
21.
22.
23.
. .
24.
25.
Resolution No. 16593
Page 7
The developer shall provide plplng lines for reclaimed
water as approved by the Public Works Director and the
Otay Water District.
The boundary of the subdivision shall be tied to the
California Coordinate System - Zone VI (1983).
The subject property is within the boundaries of
Assessment Districts 85-2 and 90-3. The developer shall
be responsible for all costs associated with
reapporti onment of assessments as a result of
subdivision of lands within the project boundary. A
request for reapportionment and a deposit in the amount
of $10,998 (141 units x $39/unit x 2 districts) to cover
the costs shall be placed with the City prior to
approval of a final map for any unit.
The open space lot within the subject property shall be
granted in fee to the City and will be maintained by the
Eastlake Maintenance District No.1. A deposit in the
amount of $1,500 to cover the cost of updating the
district shall be placed with the City prior to approval
of a final map for any unit.
The developer shall enter into an agreement whereby the
deve 1 oper agrees that. the City may wi thho 1 d buil di ng
permits for any units in the subject subdi vi sion if
traffic on East "H" Street exceeds the levels of service
identified in the City's adopted thresholds.
On the condition that City shall promptly notify the
subdivider of any claim, action or proceeding and on the
further condition that the City fully cooperates in the
defense, the subdivider/applicant shall agree to defend,
indemnify, and hold harmless the City, and its agents,
officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any
approval by the City, including approvals by its
Planning Commission, City Council, or any approval by
its agents, officers, or employees with regard to this
subdivision prior to approval of the final map(s).
The developer shall permit all franchised cable
television companies ("Cable Company") equal opportunity
to place conduit to and provide cable television service
for each lot within the subdivision. The developer
shall enter into an agreement with all participating
Cable Companies which shall provide, in part, that upon
receiving written notice from the City that said Cable
Company is in violation of the terms and conditions of
the franchi se granted to sai d Cabl e Company, or any
//J...//
Resolution No. 16593
Page 8
other terms and conditions regulating Cable Company in
the City of Chula Vista, as same may from time to time
be amended, Developer shall suspend Cable Company's
access to said conduit until City otherwise notifies
Developer. Said agreement shall be approved by the City
Attorney prior to Final Map approval.
26. Prior to approval of a final map for any unit, the owner
shall submit a copy of said final map in a digital
format such as (DXF) graphic file. This Computer Aided
Design (CAD) copy of the Final Map shall be based on
accurate coordinate geometry calculations and shall be
submitted on 5 1/2 HD floppy disk prior to the approval
of the Final Map.
27. Automatic garage door openers shall be installed in all
units, to the satisfaction of the Director of Planning.
28. Address numbers shall be placed on both the front and
garage sides of each unit to the satisfaction of the
Director of Planning.
Presented by
'f
by
4 /J.~
;;://#(/-
Robert A. Leiter
Director of Planning
Bruce M. Boogaard
Ci ty Attorney
/~'I..l
Resolution No. 16593
Page 9
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 21th day of April, 1992, by the following vote:
YES: Councilmembers: Grasser Horton, Malcolm, Moore,
Rindone
NOES: Counci 1 members : None
ABSENT: Councilmembers: Nader
ABSTAIN: Councilmembers: None
;j)JL~tL/
David Malcom
Mayor Pro-Tempore
ATTEST:
,~
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J. ':;;....', i { ( I v,. .' .: .,.
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet. City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16593 was duly passed, approved,
and adopted by the City Council held on the 21th day of April, 1992.
Executed this 21th day of April, 1992.
Cd. /:/. (7 /(2- . /." /" ..
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,( ILU/~ <-(, . .U.{...J.:Jc:.r--z:-
Beverly A/ Authelet, City Clerk
I
1~"13
RESOLUTION NO.
/7R>>
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FINAL MAP OF CHULA
VISTA TRACT 91-1 SALT CREEK I CONDOMINIUMS,
ACCEPTING THE PUBLIC STREET DEDICATED ON SAID
MAP, ACCEPTING THE OPEN SPACE LOT GRANTED ON
SAID MAP AND THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
BE IT RESOLVED that the City Council of the city of Chula
vista hereby finds that that certain map survey entitled CHULA
VISTA TRACT 91-1, Salt Creek I Condominiums, and more particularly
described as follows:
Being a subdivision of a portion of Parcel 1 of Parcel
Map No. 16033, in the City of Chula Vista, County of San
Diego, State of California, filed in the Recorder's
office of said County on March 22, 1990.
Area: 9.28 acres
Numbered Lots: 10
No. of Lots: 11
Lettered Lots: 1
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
the public street, to-wit: A portion of Mt. Miguel Road, and said
street is hereby declared to be a public street and dedicated to
the public use.
BE IT FURTHER RESOLVED that said city Council hereby
accepts the offer of dedication in fee of Lot A for Open Space,
public utilities and other public uses.
BE IT FURTHER RESOLVED that said City Council hereby
accepts on behalf of the City of Chula vista the easements with the
right of ingress and egress for emergency access and street tree
planting and maintenance, all as granted and shown on said map
within said subdivision.
BE IT FURTHER RESOLVED that the City Clerk of the city of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council, that said Council
has approved said subdivision map, that said public street is
1
/~/! -/
accepted on behalf of the public as heretofore stated and that said
lot is dedicated for Open Space and other public uses and that
those certain easements with the right of ingress and egress for
emergency access and the construction and maintenance of street
tree planting, as granted thereon and shown on said map within said
subdivision are accepted on behalf of the city of Chula vista as
hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement for Chula vista Tract 91-1 Salt Creek I
Condominiums, dated , for the completion
of improvements in said subdivision, a copy of which is attached
hereto and by reference made a part hereof, the same as though
fully set forth herein be, and the same is hereby, approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement and final map for and on behalf of the city of Chula
vista.
d as
d
Presented by
John P. Lippitt, Director of
Public Works
City
F:\home\auomey\SaltCk.FM
2
I~A'~
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
/
.//
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 199 , by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and BALDWIN VISTA
DEVELOPMENT COMPANY, 11975 El Camino Real, Suite 200, San Diego,
California 92130
hereinafter called "Subdivider":
WIT N E SSE T H :
WHEREAS, Subdivider is about to present to the City Council
of the City of Chula Vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as SALT CREEK
I CONDOMINIUMS
pursuant to the provisions of the Subdivision Map Act of the State of
California, and in compliance with the provisions of Title 18 of the
Chula Vista Municipal Code relating to the filing, approval and
recordation of subdivision map: and,
WHEREAS, the Code provides that before said. map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have ei ther installed and completed all of the pUblic improvements
and/or land development work required by the Code to be installed in
subdivisions before final maps of subdivisions are approved by the
Council for purpose of recording in the Office of the County Recorder
of San Diego County, or, as an alternative thereto, Subdivider shall
enter into an agreement with City, secured by an approved improvement
security to insure the performance of said work pursuant to the
requirements of Title 18 of the Chula Vista Municipal Code, agreeing
to install and complete, free of liens at Subdivider I s own expense,
all of the public improvements and/or land development work required
in said subdivision within a definite period of time prescribed by
said Council, and
Form No. CA-410
Revised 11/90
-1- /f)"';J
WHEREAS, subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
and complete, at Subdivider's own expense, all the public improvement
work required by City in connection with the proposed subdivision and
will deliver to City improvement securities as approved by the City
Attorney, and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and condi tions, as
contained in Resolution No. 16593 , approved on the 21st day
of April , 19~("Tentative Map Resolution"); and
WHEREAS, complete plans and
construction, installation and completion
ment work have been prepared and submitted
shown on Drawings Nos. 92-460 throuqh 92-462
file in the office of the City Engineer, and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of $48,000.00.
specifications for the
of said public improve-
to the City Engineer, as
, on
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. subdivider, for itself and his successors in interest,
an obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the City Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish the
necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by this
reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name signs
if permanent street name signs have not been installed.
-2_IP~~i
3. It is expressly understood and agreed that Subdivider
will cause all necessary materials to be furnished and all
Improvement Work required under the provisions of this contract to be
done on or before the third anniversary date of Council approval of
the Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not be
issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof serving
said building or structures approved by the City; provided, however,
that the improvement security shall not be required to cover the
provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of TWENTY
FOUR THOUSAND DOLLARS AND NO CENTS ($24,000.00)
which security shall guarantee the faithful performance of this
contract by Subdivider and is attached hereto, marked Exhibit "A" and
made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
city of Chula Vista simUltaneously with the execution of this
agreement, an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of TWENTY
FOUR THOUSAND DOLLARS AND NO CENTS ($24,000.00)
to secure the payment of material and labor in connection with the
installation of said public improvements, which security is attached
hereto, marked Exhibit "B" and made a part hereof and the bond
amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
City of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient surety,
whose sufficiency has been approved by the City in the sum of EIGHT
THOUSAND DOLLARS AND NO CENTS ($8,000.00) (per private engineer's
estimate)
to secure the installation of monuments, which security is attached
hereto, marked Exhibit "C" and made a part hereof.
-3-
Id,.tJ --5
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of the
Improvement Work within said subdivision in accordance with such
specifications herein contained or referred, or at the option of the
City, as are approved by the City Council at the time of engaging the
work to be performed. upon certification of completion by the City
Engineer and acceptance of said work by City, and after certification
by the Director of Finance that all costs hereof are fully paid, the
whole amount, or any part thereof not required for payment thereof,
may be released to Subdivider or its successors in interest, pursuant
to the terms of the improvement secur i ty. Subdivider agrees to pay
to the City any difference between the total costs incurred to
perform the work, including design and administration of construction
(including a reasonable allocation of overhead), and any proceeds
from the improvement security.
10. It is also expressly agreed and understood by the
parties hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any officer,
his sureties or bondsmen, be liable for the payment of any sum or
sums for said work or any materials furnished therefor, except to the
limits established by the approved improvement security in accordance
with the requirements of the State Subdivision Map Act and the
provisions of Title 18 of the Chula Vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection, materials
furnished and other incidental expenses) incurred by City in
connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map, with
City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City, Subdivider
will be responsible for the care, maintenance of, and any damage to,
the streets, alleys, easements, water and sewer lines within ~he
proposed subdivision. It is further understood and agreed that
Subdivider shall guarantee all public improvements for a period of
one year from date of final acceptance and correct any and all
defects or deficiencies arising during said period as a result of the
acts or omission of subdivider, its agents or employees in the
performance of this agreement, and that upon acceptance of the work
by City, Subdivider shall grant to City, by appropriate conveyance,
the public improvements constructed pursuant to this agreement;
provided, however, that said acceptance shall not constitute a waiver
of defects by City as set forth hereinabove.
-4-
1~/1 ,,,
13. It is understood and agreed that City, as indemnitee,
or any officer or employee thereof, shall not be liable for any
injury to person or property occasioned by reason of the acts or
omissions of Subdivider, its agents or employees, or indemnitee,
related to this agreement. Subdivider further agrees to protect and
hold the City, its officers and employees, harmless from any and all
claims, demands, causes of action, liability or loss of any sort,
because of or arising out of acts or omissions of Subdivider, its
agents or employees, or indemnitee, related to this agreement;
provided, however, that the approved improvement secur i ty shall not
be required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as a
result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resul ting from diver sion of water s, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer or
surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold
harmless the City or its agents, officers, and employees from any
claim, action, or proceeding against the City or its agents,
officers, or employees to attack, set aside, void, or annul, an
approval of the City, advisory agency, appeal board, or legislative
body concerning a subdivision, which action is brought within the
time period provided for in Section 66499.37 of the Government Code
of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
aareement to be executed the day and year first hereinabove set forth.
STATE OF CALlFO IA
COUNTY OF
C
~A DEVELOPMENT CO.
't
"-
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113
iI~ P sonally appeared _
i . ~ personally known to me (or ~'S s~
~ ~ -8 SF! t~e l3a~:[. a1 eatiMaate.1 J ~.;d"""'-'l;;;) to be the person(s) whose name(~re subscribed to the within
~ instrument and acknowledged to me that h~hey executed the same in,~eir authorized capacity(ies),
~ and that by hi~ir signature(s) on the instrument the pe
.
~
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OFFICIAL SEAL
DEBI VAil PASCO
NOTAIlY PUBLIC. CALIFORNIA
S\~ DIEGO COUIfiY
My comm. expires MAR 12, 1993
)
Signature
[rhis .,.s for o'e,i.:,?
"-_:.~.",
-c~~:__
LIST OF EXHIBITS
Exhibit " A"
Improvement Security - Faithful Performance
~Y.D
N01 SC
Form:
Bond I
Amount:
$24,000
Exhibit '"B"
. ~y.D
~O'{sC~"'.'
Improvement Security - Material and Labor:
Form: Bond I
Amount:
$24,000
Exhibit "C"
Improvement Security - Monuments:
Form:
Bond
Amount:
$8,000
Securities approved as to form and amount by
4... Ac~"
Improvement Completion Date: Three (3) years from date of Council
approval of the Subdivision Improvement
Agreement.
0156a
1/ A faithful performance bond and labor and material bond is
currently in full force and effect in Construction Permit
#PC-880 and will remain so throughout the term of this
agreement. A one-year maintenance bond will be supplied to
City by Subdivider with a surety satisfactory to City in
the amount of $7,200.00.
M~j
'JD~J, II. S"" ............ 7...
-6- //)/9 -<(' /lblJ- 9
~
AL ACKNOWLEDGMENT
NO 201
~ of
~-
flY of
,
California
On this the 5 th day of
1993 ,before me,
Februarv
}SS.
Patt Frank
Los Angeles
the undersigned Notary Public, personally appeared
~~rnl ~~ll~~hpr ~nn .lpann~ Qppn
,.c
~;
!J personally known to me
!J proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are
within instrument, and acknowledged that
WITNESS my hand and official seal.
?r..-rc ~~
Notary's Signature
subscribed to the
executed il.
@ PATTFIWIK
COWlI. iIll57117
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LOS ANGELES COUN'IY
1If_........FEB 25,1_
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~CERTIRCATE
T BE ATTACHED
THE DOCUMENT
RIBED AT RIGHT
:<'
ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fr~udulent attachment of this certificate to another document
~l1rVp.y Monllm,:::r.n't- Rnnn #1:)74
2-3-93
"040
Title or Type of Documenf
2
Signer( s) Other Than Named Above.
Date of Document
Sylvia Pearson
Number of Pages
r~
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l>f CALIFORNIA
If san Francisco
NAT10NAL NOTARY ASSOCIATION. B236 Refrmet!we_. P.O_ 60"- 7184. Canoga Park, CA 91:J).Hl84
)
)
Martha M.G. Scholl
before me, (here inset name and titie of the officer), personally appeared
Sylvia M. Pearson
FPbruary 3. 1993
)
ill known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
lJitrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
~ir signature(s) on the instrument the person(s), or the entity upon behaif of which the person(s) acted, executed the instrument.
1; . . ~IIIIII~~IIIC. 1III11I!111IClIIIIIIIIIIICIIIIIIIIIIIIDIIIIIIII\!
!IS my hanrnd official seal. [\ 5 ,4;'.".... ~.~..,.. MARTH. A M. G. SCHOLL ~
", \ . \ \ \ r. n = A~-'ft:;'\ NOTARY PUBLIC =
i ~'\;~' 1'\ 5J ~ S ~\;:;f'i: SAN FRANCISCO COUNTY, CALIFORNIA J
. . ' ( eal) ~ ~~~_-.;;./ My commission expires Nov. 4, 1994 E
'219: Martha MaGa Scholl iCIIIIIIIIIIIIDlIlliUIIUlOlUUUUUlUIIIUUlIIIIDlllum::.....
,
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Bond No.:
Premium:
574 5040 (Revised)
$100.00
SURVEY MONUMENT INSTALLATION BOND
KNOW ALL MEN BY THESE PRESENTS, That I/We FN Development Company. Bravo as the
subdivider and Principal. and the Safeco Insurance Company of America a corporation
of the State of WashinRton, as Surety are held and firmly bound unto the City of
Chula Vista, a municipal corporation, in the County of San Diego, State of
California, and to and for the benefit of any and all persons who may suffer damage
by reason of the breach of the conditions hereof, in the penal sum of EiRht Thousand
and no/lOOths Dollars ($8.000.001 lawful money of the United States of America, to be
paid to the said City of Chula Vista.
WHEREAS, the said Principal is presently engaged in subdividing certain lands to be
known as Salt Creek I - CABO, Tract 91-01 subdivision in the City of Chula Vista, in
accordance with the Contract for Completion of Improvements authorized by Resolution
t and
WHEREAS, the said Principal desires not to set durable monuments prior to the
recordation of the final map of the subdivision and desires to get same at a later
date,
NOW, THEREFORE, the condition of the above obligation is that if the Principal shall
have set durable monuments of the survey by . as per the
final map of said subdivision, a copy of which is on file with the City Engineer of
the City of Chula Vista, reference to which said map is hereby made and same is
incorporated herein as though here set forth in full, and according to the ordinances
of the City of Chula Vista in force and effect at the time of giving of this bond, on
or before the expiration of thirty (30) consecutive days following completion and
acceptance of public improvements within said subdivision, then the obligation shall
be void, otherwise to remain in full force and effect.
f
r
IN WITNESS WHEREOF, the said Principal and Surety have hereunto set their hands, this
~ day of February, 19~.
VO
~.'
~
Gallagher, Vice Pres.
Jeanne Reed, Asst. Sec.
OF AMERICA
Sylvia M Pearson, Attorney-in-fact
Surety Address: 120 Montgomery Street
San Francisco, CA 94104
Approved As To Form:
j/)/7../f)
City Attorney
-".
,
il~
POWER
OF ATTORNEY
SAFEte INSURANCE COMPANY OF AMERICA
HC:>>.E OFFICE: SAFEte PLAZA
SEATTLE. WASHINGTON 88,.5
,
No.
5824
KNOW All BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation. clO8s her.by appoint
...................RITA A. DEMPSEY; SYLVIA M. PEARSON, San Francisco. eel ifornia..............
Its true and lawfu attornoy(sl-in-fact. with ful authority to .xecut. on bohIIf of tho CaTllanv fidelity and .....ty bonds or undertakings
and other docllTlOnts of a similar charact.r Issued by tho ccrnpanv in tho course of Its business. and to bind SAFECO INSURANCE
COMPANY OF AMERICA ther.by as fuly as if SUCh instrllTlOnts had boon dUy .xecut.d by its r.gularly eI.ctod offlc.rs at Its hane
office.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA his .xecut.d and att.st.d those pr.sents
this
4th
~of
January
19 93
CERTIFICATE
Extract fran tho By-laws of SAFECO INSURANCE COMPANY OF AMERICA:
-ArtICI. V. S.ctlon 13. - FDEUTY AND SURETY BOIlOS . . . tho Prosident. anv Vico Prosident. tho Secrotary. and any Assistant Vice
President appointed for that pu'POS8 by the officer in Charge of surety operations. Shall each have authority to appoint individuals as
attorneys-in-fact or under othor aporopriato tities with authority to execute on behalf of tho caTllany fidelity and surety bonds and
other doclm8nts of similar character issued by the canparY)l in the cOl..I"se of its buSiness . . . On any instn.ment making or evidencing
such appointment. the signa.....es r'Mi be affixed by facsi'nil.. On any InSTrunent conferring such authority or on arrv bond or undertaking
of the ccmparPf. the seal. or iI facsi'nile thereof. may be Impressed or affixed or in ...,., other manner reproduced: provided. however.
that the seal shall not be necessary to tho validity of anv such instrllTlOnt or undonaking.-
Extract fran a Resolution of tho Board of Oiroctors of
SAFECO INSURANCE COMPANY OF AMERICA adoptod JUy 28. 1970.
"On any certificate executed by tho Secretary or an assistant secretary of tho Ccrnpanv setting out.
(i) Tho provisions of Article V. Section 13 of tho By-laws. and
(ii) A copy of tho power-of-attorney appOintment. executed pursuant thoreto. and
(iii) C.rtifying that said power-of -attorney appOintment is in full force and effect.
the signature of tho certifying officer rnoy be by facsimile. and tho se.. of the Ccmpany rnoy be a facsimile thoreof:
I. R. A. Pierson. Secretary of SAFECO INSURANCE COMPANY OF AMERlCA, do hereby certify that the foregOing extracts of the
By-laws and of a Resolution of the Board of Oirectors of this corporation. and of a Power of Attorney issued pursuant thereto. are
true and correct. and that both the By-Laws. the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed tho facsimile seal of said corporation
thi~
3rd
day of
February
19 ..2l.. .
S-1300lEP 1/83
/~/1*11
CI) Registered trademark of $AFECO CorpOfation.
""
RESOLUTION NO.
J 7~.J."
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT REGARDING CONDITIONS 23,
24 AND 25 AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
WHEREAS, on April 21, 1992, by Resolution 16593, the City
Council approved the Tentative Subdivision Map for Chula vista
Tract 91-01, Salt Creek I Condominiums; and
WHEREAS, all conditions of approval of the tentative map
have been met with the approval of the agreements for Conditions
18, 23, 24, and 25; and
WHEREAS, the Conditions of Approval which will be met
with approval of the Supplement Subdivision Improvement Agreement
are:
1. Condition 23 which required the developer to
enter into an agreement wherein the city may
withhold permits for any units in the project
if traffic on East H Street exceeds the levels
of service identified in the city's
thresholds;
2. Condition 24 which required the developer to
hold the city harmless for any claim or action
against the city with regard to the approval
of this subdivision;
3. Condition 25 which required the developer to
enter into an agreement with the City relating
to the provision of franchise television
services to the subject property.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve the Supplemental
Subdivision Improvement Agreement regarding Conditions 23, 24 and
25, a copy of which is on file in the office of the City Clerk.
Presented by
of the city of
o execute said
sta.
BE IT FURTHER RESOLVED that the Mayor
Chula vista is hereby authorized and directed
Agreement for and on behalf of the City Chula
John P. Lippitt, Director of
Public Works
F:\homc\aUomey\Sa1tCk.SA
1~t3-/ //()~"2
Developer
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
1
Above
space for Recorder's Use
RECORDING REQUESTED BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
Salt Creek I Condominiums - Cabo Project
(Conditions 23, 24 and 25) .
This Supplemental Subdivision Improvement Agreement
("Agreement") is made this _ day of , 199_, by and
between THE CITY OF CHULA VISTA, California ("Chula vista" or
"Grantee" for recording purposes only) and FN Development Company,
BRAVO, a California corporation ("Developer" or "Grantor"), with
reference to the facts set forth below, which recitals constitute
a part of this Agreement.
RECITALS
A.
located
Exhibit
This Agreement concerns and affects certain real property
in Chula Vista, California, more particularly described on
"A" attached hereto ("Property").
B.
Developer is the owner of the Property.
C. Developer has applied for and the city has approved a
Tentative Subdivision Map commonly referred to as the Salt Creek I
Condominiums, Chula vista Tract PCS-91-01 ("Tentative Subdivision
Map") for the subdivision of the Property.
Cabo
2/26/93
I~B'3
D. The City has adopted Resolution No. 16593 ("Resolution")
pursuant to which it has approved the Tentative Subdivision Map
subject to certain conditions as more particularly described in the
Resolution.
E. Condition No. 23 requires Developer and city to enter
into an agreement wherein the City may withhold permits for any
units in the Project if traffic on East "H" Street exceeds the
levels of service identified in the City's thresholds.
F. Condition No. 24 requires the Developer to enter into an
agreement to indemnify the city from any claims, actions or
proceedings against the City to attach, set aside, void or annul
any approval by the city on the terms and conditions set forth in
said Condition No. 24.
G. Condition No. 25 requires the Developer to enter into an
agreement with the City relating to the provision of franchise
cable television services as more particularly set forth in
Condition 25.
H. City is
conditions herein
be recorded in
Subdivision Map.
willing, on the premises, security, terms and
contained to approve the final subdivision map to
substantial conformance with the Tentative
NOW, THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as set forth
below.
1. Aareement Applicable to Subsequent Owners.
1.1 Aareement Bindina Upon Successors. This Agreement
shall be binding upon and inure to the benefit of the successors,
assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
1.2 Aareement Runs with the Land. The burden of the
covenants contained in this Agreement ("Burden") is for the benefit
of the land owned by the city adjacent to the Property. The Burden
touches and concerns the Property. It is the intent of the
parties, and the parties agree, that this covenant shall be binding
upon, and run with, the ownership of the land which it burdens.
The Burden of this Agreement shall be released from title upon the
sale of a unit to an owner under authority of a Final Subdivision
Public Report issued by the California Department of Real Estate.
If requested by Developer, City shall execute a quitclaim releasing
the Burden of this Agreement from the title to any such unites).
2. Condition No. 24 Subdivision Map Indemnitv. In
satisfaction of Condition No. 24 of the Resolution, the Developer
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agrees that, on the condition that city shall promptly notify the
Developer of any claim, action or proceeding and on the further
condition that the City fully cooperates in the defense, the
Developer shall defend, indemnify, and hold harmless the city, and
its agents, officers and employees, from any claim, action or
proceeding against the City, or its agents, officers or employees,
to attack, set aside, void or annul any approval by the city,
including approvals by its Planning Commission, City Council, or
any approval by its agents, officers, or employees with regard to
this subdivision.
3. Condition No. 25 Cable Television Easements. In
satisfaction of Condition No. 25 of the Resolution, the Developer
agrees to permit all cable television companies franchised by the
city of Chula vista ("Cable Company") equal opportunity to place
condui t to and provide cable television service for each unit
within the Project. Developer further agrees to grant, by license
or easement, and for the benefit of, and enforceable by, the city
of Chula Vista, conditional access to cable television conduit
within the properties situated on the Property only to those cable
television companies franchised by the City of Chula vista the
condition of which grant being that they are and remain in
compliance with, and that they promise to remain in compliance
with, the terms and conditions of the franchise and with all other
rules, regulations, ordinances and procedures regulating and
affecting the operation of cable television companies as same may
have been, or may from time to time be, issued by the city of Chula
vista.
4. Condition No. 23 - Buildinq Permits Not to Issue While
Thresholds Deficient.
4.1 Developer hereby grants to the City the right to
withhold building permits for any units within the Project if
traffic volume on East "H" street exceeds levels of service
identified on the Chula vista Transportation Phasing Plan.
5. satisfaction of Conditions. city agrees
execution of this Agreement constitutes full and
satisfaction of Developer's obligation to Condition 23
set forth in the Resolution.
that the
complete
and 25 as
6. Recordinq.
prepared by either or
of either party.
This Agreement, or an abstract hereof
both parties, may be recorded at the option
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7. Miscellaneous.
7.1 Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the party to
whom it is directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the u.s. mail, certified or
registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A
party may change such address for the purpose of this paragraph by
giving written notice of such change to the other party. Facsimile
transmission shall constitute personal delivery.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 92010
Attn: Director of Public Works
Developer:
FN Development Company, BRAVO
c/o The Baldwin Company
11975 EI Camino Real
San Diego, CA 92130
Attn: Project Manager of Cabo Project
with copy to:
First National Bank
Salt Creek Ranch
9800 Sepulveda Blvd., suite 202
Los Angeles, CA 90045
Attn: Jeff Tartaglino
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other
party 1.n the manner provided in this paragraph. Facsimile
transmission shall constitute personal delivery.
7.2 captions. captions in this Agreement are inserted
for convenience of reference and do not define, describe or limit
the scope or intent of this Agreement or any of its terms.
7.3 Entire Aqreement. This Agreement contains the
entire agreement between the parties regarding the subject matter
hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect.
This Agreement is not intended to supersede or amend any other
agreement between the parties unless expressly noted.
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7.4 preoaration of Aareement. No inference, assumption
or presumption shall be drawn from the fact that a party or his
attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the
preparation and/or drafting this Agreement.
7.5 Recitals: Exhibits. Any recitals set forth above
are incorporated by reference into this Agreement.
7.6 Attornevs I Fees. In the event of any dispute
arising out of this Agreement, the prevailing party in any action
shall be entitled to reasonable attorneys' fees in addition to any
other costs, damages, or remedies.
IN WITNESS WHEREOF, the parties have caused this Agreement to
be effective as of the day and year first hereinabove set forth.
THE CITY OF CHULA VISTA
By:
Name:
Title:
Attest:
FN Development Company, BRAVO,
a California corporation
By, ~ (/
N~m t= . ~~~\'2.
T~ Ie: C " \ '"'
C:\DMS\NTS.DIR\7071498.WP
Cabo
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r'IHc: UC: '33 U'o!::,8 HUN::>HKt.ri o,HN DIEGU
P.2
EXHIBIT "A"
LEGAL ~ESCRIPTIOM
THE LAND REFE1UlBD TO BERnN IS SITUATBD IN THE STATE OF CALIFORNIA,
COUNTY OF SAM DIEGO, AND IS DESCRIBED AS !'OLLOWS:
CHULA VISTA TRACT NO. 91-01 SALT CREEK I CONDOMINIUMS, BEING A
SUBDIVISION OF A PORTION OF PARCEL 1 OF PARCEL MAP NO. 16033, IN
THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
MARCH 22, 1990 AS FILE NO. 90-152376 OF OFFICIAL RECORDS.
/l)lJ--Y
STATE OF CALIFORNIA )
\..()~ ~~u~s ) ss.
COUNTY OF ~DIEGO )
On ~ 3...s:. ~fore me, persopally appeared
J~_ _h~ ':::>C\4.~Al"""\"''"''I ~U-
personally known to me (er prevea ~e me aft ~Be saais af
~~t'-"il..1;eFY e-:ie1el'\ee) to be the person whose name(-&! et!!'e/is
subscribed to the within instrument and acknowledged to me that
he/!lh8/+-"~)' executed the same in his/R~:5)/1;R!;ir authorized capacity,
and that by his/~Il:5)/1;Beir signature fos-) on the instrument the
personfs), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
signature Qa..::=:- ~Q '" -
(SEAL)
I ~~ - - ~;.;..;.- - -1
'. _-.n.7 I
-.rNlla - - h.
..~-COUN!'t
,_ _ _ _~~~~~~ 1
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN DIEGO
On
before me, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name(s) are/is
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity,
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature
(SEAL)
I~D-~
COUNTY OF SAN DIEGO
)
) ss.
)
STATE OF CALIFORNIA
On
before me, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name (s) are/ is
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity,
and that by his/her/their signature (s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature
(SEAL)
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF SAN DIEGO
On
before me, personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person whose name(s) are/is
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity,
and that by his/her/their signature (s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature
(SEAL)
/011"'/0
RESOLUTION NO.
17027
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
F.N. DEVELOPMENT COMPANY BRAVO, OTAY WATER
DISTRICT AND THE CITY OF CHULA VISTA TO COMPLY
WITH CONDITION NO. 18,-AND AUTHORIZING THE
MAYOR TO EXECUTE THE SAME
WHEREAS, on April 21, 1992, by Resolution 16593, the City
Council approved the Tentative Subdivision Map for Chula vista
Tract 91-01, Salt Creek I Condominiums; and
WHEREAS, all conditions of approval of the tentative map
have been met with the approval of the agreements for Conditions
18, 23, 24, and 25; and
WHEREAS, Condition 37 of Salt Creek I Tentative Map,
units 1, 2 and 3 required the developer to enter into an agreement
relative to Otay Water District's 1.2 mgd flow prior to issuance of
building permits for Unit 4; and
WHEREAS, Condition 18 of this map was written to
sure that neither building permits were issued for unit 4
final map approved on Salt Creek I Condominiums until
agreement was satisfactory with Otay Water District; and
WHEREAS, approval of the agreement will meet all
requirements of Condition 18; and
make
or a
this
WHEREAS, the agreement provides for the Salt Creek
Interceptor to be designed for the addition of 1.2 million gallons
per day (mgd) flow which was to replace the 1.2 mgd which Otay
Water District indicated they had in the Frisbee line; and
WHEREAS, Otay Water District's Board has approved the
agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby approve an Agreement between
F.N. Development Company Bravo, Otay Water District and the city of
Chula vista to comply with Condition No. 18, a copy of which is on
file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City 0 Chula v' a.
Presented by m by
John P. Lippitt, Director of
Public Works
F:\bomeIa_\SoI1CIt.Ot
10 C-I /,DC-2-
L
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
Otay Water District
10595 Jamacha Boulevard
Spring Valley, CA 92078
Attn: District Secretary
Space above line for Recorder's use ---
AN AGREEMENT BETWEEN F. N. DEVELOPMENT
COMPANY, BRAVO, A CALIFORNIA
CORPORATION, THE CITY OF CHULA VISTA AND
OTAY WATER DISTRICT ESTABLISHING A LIMIT
ON THE NUMBER OF UNITS WHICH MAY BE
CONNECTED TO THE FRISBEE SEWER TRUNK
PRIOR TO THE COMPLETION OF THE SALT
CREEK INTERCEPTOR
R E C I TAL S
WHEREAS, Salt Creek I Tentative Map has a Condition of
Approval per Resolution 16164, which revised Condition 37 of
Resolution 15299 to read as follows:
Prior to occupancy of any unit within Salt
Creek I, Unit 4, the developer shall enter
into an agreement with the City of Chula
vista (City) to provide for otay Water Dis-
trict's (otay) emergency overflow capacity
from the existing reclaimed water holding
ponds as indicated in the agreement between
otay and Spring Valley sanitation District
(SVSD) dated September 7, 1983. Said
agreement may provide for paralleling of
portions of the Frisbie Trunk line or
connection to the future Salt Creek trunk
sewer if deemed necessary by the City or the
SVSD. Any improvements associated with
compliance with said agreement shall be to
the satisfaction of the City and Otay~
and
WHEREAS, the City is in the process of having the Salt Creek
Interceptor Basin Plan prepared~ and
/~C..:J
-
-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of
IFoe IA-} .
~ounty of ..5i/l P })E~ a
n .2h~~3 before me.~#Jt..TI~OF1'f~ft,.E!iS!:~~.
personally appeared ~ -r#' L,eM//16 ,F~
~ NAME(S) OF SIGNER(S)
~rSOnallY known to me. OR. 0 ploY'liOd La Ale SR tRB BM.;,,;jI ur ~l;~~""L_Fy Bvis8Aee
to be the personferwhose namel6) is/_
subscribed to the within instrument and ac-
knowledged to me that he'sR8.1Rey executed
the same in his/Rer:their authorized
capacity(_). and that by his}I,,,,,'lI,,,;r
signaturet8j on the instrument the person(~.
or the entity upon behalf of which the
person!s) acted. executed the instrument.
THIS CERTIFICATE MUST BE ATTACHED TO
THE DOCUMENT DESCRIBED AT RIGHT:
Though the data requested here is not required by law,
it could prevent fraudulent reanachment of this form.
No. 5193
- OPTIONAL SECTlON-
CAPACITY CLAIMED BY SIGNER
ThougI1 ..... does not roquire the Nolary '"
fill in the data below, doing so may prove
__10_ relying on the -'mont.
o INDIVIDUAL
o CORPORATE OFFICER(S)
TITLE(Sl
o PARTNER(S) 0 LIMITED
o GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES}
gss~_~~~I.
" d " :;:/
1') SIGNATURE OI-'NOTAR
OPTIONAL SECTION 'M ~~ ~
]WB TYRE OFDOCUM"~.s.l. . y' v. ~ ,~~
AI I/ItTJIIIF':3" 4r. ll:l *IIEE~"~ ~
NUMBER OF PAGES DATE OF DOCUMENT ~ 4'-.
SIGNER(S) OTHER THAN NAMED ABOVE
C1993 NATiONAl NOTARY ASSOCIATION. 8236 Remmel: Ave., P.O. Box 7184 . Canoga Park, CA 91309.7184
)IJC,.s-
WHEREAS, the Salt Creek Interceptor, when constructed, will
be designed to include 1.2 mgd flow for emergency discharge by
Otay Water District from holding ponds.
AGREEMENT
NOW THEREFORE, IT IS HEREBY AGREED TO BY THE PARTIES AS
FOLLOWS:
1. The above recitals are correct and are hereby incorpo-
rated by reference.
2. Otay, the City and F. N. Development Company, Bravo, a
California corporation, hereby agree that no more than 3,600
equivalent dwelling units will be connected to the Frisbee Trunk
upstream from the manhole which exists at the intersection of
Central Avenue and Frisbee Street prior to the completion of the
Salt Creek Interceptor. One "Equivalent dwelling unit" is land
use which generates 265 gallons of sewage per day.
3. City will require that the Salt Creek Interceptor be
designed to such capacity as City shall deem appropriate which
shall include maximum emergency discharge by Otay into the Salt
Creek Interceptor and said design shall be complete and approved
prior to issuance of building permits for the 3,001st unit which
connects to the Frisbee Trunk.
4. city will require that construction of the Salt Creek
Interceptor be complete and approved by the City prior to
issuance of building permits for the 3,301st unit which connects
to the Frisbee Trunk.
/pc.-t/ //Oe-5
2
Dated:
3/3/93
I '
Dated:
ATTEST:
Beverly Authelet
City Clerk
Dated:
. /' -/~.
.. - .-
,
APPROVED AS TO FORM:
~~
o Harron
neral Counsel
.
F. N. DEVELOPMENT COMPANY, BRAVO
a California corporation
By ~Ih& c1
T~ \J iCe ?12~'Slb"L:'\
CITY OF CHULA VISTA
By
Tim Nader, Mayor
J}
Bruce M. Boogaar
City Attorney
OTAY WATER DISTRICT
By ~ ~~~,_
-. r. J
Title (~./77.
3
/~c. ., "
.
STATE OF CALIFORNIA )
1.C6 An"t~l\s')
COUNTY OF Jfojl DIEGO)
ss.
On this '3n\:> day of ~c::..n.c.t-lo
j:::>~~ ~o...~\<-
Public in and for said County and State,
0C~'E: po'n H. s.c:~...c..."'" "'" ~n..
, 1993, before me,
a Notary
personally appeared
o
personally known to me
OR
c=J proved to me on the basis of satisfactory evidence
to be the person (.-..} whose name (~ is/~ subscribed to the
within instrument and acknowledged to me that he/slHl/t:J:ley
executed the same in his/her/their authorized capacity(~),
and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
(SEAL)
QG.-:tC- ~~, _
Notary Public in and for said
County and State
- - - - - - ~~~ ~ - - -,
t@':'!COIMIIIS71171
s .-:,:~j~..., fIIot8ry~lbIc"'I-- .* .
t. . I 'OC' "GELES COUN'IY J
J "",.," ,,*-Feeas._
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- - - - - - - - - - - - - -f
t 3\' PATTI'lWIK
I .! COIM 1lIll7117
C ~;' .,;;':''!. L ,.,.,.....0 c..Ir .. , I
i ~ . lDS AHGELD COUNTY I
1_ _ ~;-_(h~~r;_~~~~ _
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item I /
Meeting Date 3/9/93
Resolution J ') tJ ~ 8' Ordering the City Engineer to prepare and file
a report for City Open Space M~ninance District No. 10 for FY 1993-94
Director of Public Work~ r'f!
City Manager~ (4/5ths Vote: Yes_No.1O
SUBMITTED BY:
REVIEWED BY:
In order to begin the process of levying the annual assessment for parcels within Open Space
District No. 10, the City Engineer must prepare and file an annual report. This resolution begins
the process of renewal for coming FY 1993-94.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
According to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways
Code, also known as "Landscaping and Lighting Act of 1972", the City Engineer is required to
prepare and file an annual report for Open Space Maintenance District No. 10. The filing of the
report will authorize the City to levy the annual assessment in order to maintain the district open
space.
The City Engineer will prepare and file a report for Open Space District No. 10. for Council's
consideration and approval. All of the staff costs will be included in the City administrative cost
item for the districts.
Public hearings will be held at a later date to confirm the assessments.
FISCAL IMP ACT: None, the cost of preparing the report and re-spreading the assessments will
be absorbed by the property owners in their assessment.
DDS/FiJe: JO.Q09, 10-014, HY-028, 08-001
WPC F:\home\engineei\agenda\579.93
II~/ /11-2-
RESOLUTION NO.
17P~r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE CITY ENGINEER TO
PREPARE AND FILE A REPORT FOR CITY OPEN SPACE
MAINTENANCE DISTRICT NO. 10 FOR FY 1993-94
WHEREAS, according to Article 4, Chapter 1, Part 2 of
Division 15 of the California Streets and Highways Code, also known
as "Landscaping and Lighting Act of 1972", the City Engineer is
required to prepare and file annual reports for all existing Open
Space Maintenance Districts within the City; and
WHEREAS, the filing of this report will authorize the
city to levy the annual assessment in order to maintain the
district; and
WHEREAS, the City Engineer will prepare and file a report
for Open Space District No. 10; and
WHEREAS, the City Engineer will prepare the report for
Council's consideration and approval and all of the staff costs
will be included in the City administrative cost item for the
district; and
WHEREAS, public hearings will be held at a later date to
confirm the assessments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby order the city Engineer to
prepare and file a report for Open Space Maintenance District No.
10 for FY 1993-94.
John P. Lippitt, Director of
Public Works
Presented by
C:\n\OS En& Report
1/:3
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item /,;J.
Meeting Date 3/9/93
Resolution 17"';' '7 Ordering the City Engineer to prepare and file
reports for all City Open Space Maintenance Districts for FY 1993-94
except District 10 ^ //I /
Director of Public wor~ Irv
City Manage~ (4/5ths Vote: Yes_No.1O
ITEM TITLE:
REVIEWED BY:
In order to begin the process of levying the annual assessment for parcels within all open space
districts, the City Engineer must prepare and file an annual report for each district. This
resolution begins the process of renewal for coming FY 1993-94.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
According to Article 4, Chapter 1, Part 2 of Division 15 of the California Streets and Highways
Code, also known as "Landscaping and Lighting Act of 1972", the City Engineer is required to
prepare and file annual reports for all existing Open Space Maintenance Districts within the City.
The filing of these reports will authorize the City to levy the annual assessment in order to
maintain the districts' open space.
The City Engineer will prepare and file reports for the following districts:
. Open Space Districts No.1 through 9, 11, 14, 15, 17, 18,24 and 26
. Rancho del Rey Open Space District No. 20
. EastLake Maintenance District No. 1 including Salt Creek I
. Town Centre Maintenance District
. Bay Boulevard Maintenance District
The City Engineer will prepare the reports for Council's consideration and approval. All of the
staff costs will be included in the City administrative cost item for the districts.
Public hearings will be held at a later date to confirm the assessments.
FISCAL IMP ACT: None, the cost of preparing the report and re-spreading the assessments will
be absorbed by the property owners in their assessment.
DDS/File: 10-009,10-014, HY -028. OS-(101
WPC F:\bome\engineef>agenda\578.93
/~-I //;"2.
RESOLUTION NO.
I'JIJ.J. 5
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE CITY ENGINEER TO
PREPARE AND FILE REPORTS FOR ALL CITY OPEN
SPACE MAINTENANCE DISTRICTS FOR FY 1993-94
EXCEPT DISTRICT 10
WHEREAS, according to Article 4, Chapter 1, Part 2 of
Division 15 of the California Streets and Highways Code, also known
as "Landscaping and Lighting Act of 1972", the City Engineer is
required to prepare and file annual reports for all existing Open
Space Maintenance Districts within the City; and
WHEREAS, the filing of these reports will authorize the
city to levy the annual assessment in order to maintain the
districts; and,
WHEREAS, the city Engineer will prepare and file reports
for the following districts:
Open Space Districts No.1 through 9, 11, 14, 15, 17, 18,
24 and 26
Rancho Del Rey Open Space District No. 20
EastLake Maintenance District No.1 including Salt Creek I
Town Centre Maintenance District
Bay Boulevard Maintenance District
WHEREAS, the City Engineer will prepare the reports for
Council's consideration and approval and all of the staff costs will
be included in the City administrative cost item for the districts;
and
WHEREAS, public hearings will be held at a later date to
confirm the assessments.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby order the City Engineer to
prepare and file reports for all City Open Space Maintenance
District for FY 1993-94 except District 10.
Presented by
il'O
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
F:\home\attomey\OSRc:port
1~"3
MEETING DATE
ITEM 13
March 9. 1993
COUNCIL AGENDA STATEMENT
ITEM TITLE: Report on application for grant funds from the
Federal Department of Education, Library Services
and Construction Act (LSCA) Title I funds for
Americans with Disabilities Act compliance.
SUBMITTED BY: Acting Libra~irector~~
REVIEWED BY: City ManagerZ7 (4/5ths Vote: Yes___No-X-)
Due to a tight timeline for the submission of the application, the
Chula vista Public Library has submitted a request to the
California State Library for $29,950 in Library Services and
Construction Act (LSCA) Title I funds to develop a public library
model for Americans with Disabilities Act (ADA) compliance.
RECOMMENDATION:
application
That Council approve the report and ratify the
BOARD/COMMISSION RECOMMENDATION: On February 24, 1993 the Library
Board of Trustees voted to support the Library's application for
LSCA Title I grant funds.
DISCUSSION:
When the American's with Disabilities Act took effect on January
26, 1992, local governments, which include their public libraries,
were required to identify and correct any programs or practices
which were not consistent with the requirements of the Act and its
regulations. The City is preparing a transition plan that
addresses facility accessibility. However, delivery of service is
also a component of the Americans with Disabilities Act.
Therefore, Library staff has identified relevant service issues and
has developed a draft plan of action. If approved, grant funds
will be used to meet some of these service plan objectives by
establishing a Community Adaptive Work Center which will enable
individuals with disabilities to access the services at the Library
at 365 F Street. Specific adaptive devices for individuals with
disabilities will be purchased and located fifteen feet from the
Reference Desk on adaptive furniture meeting ADA specifications.
Adaptive devices to be purchased will include bilingual reading
machines, text enhancers, and screen enhancers for a variety of
library resources including the on-line pUblic access catalog,
information on CD-ROM products, as well as for personal documents.
A telephone for the deaf (TDD) will also be installed at the
reference desk. Library programs will become accessible by way of
an assistive listening system, caption decoders and signers.
Registration and check-out will also be made accessible by
providing necessary and appropriate adaptive devices.
13'/
ITEM , Page ~
MEETING DATE March 9. 1993
FISCAL IMPACT:
If the grant is awarded, $28,450 will be provided for the purchase
and installation of adaptive equipment and an appropriate
workstation, accessible to the disabled. $1,500 will be provided
for staff awareness, sensitivity and sign language training. If
the City does not receive the grant, the Library will pursue other
grants, gifts and donations in order to acquire the equipment
necessary to meet the library service needs of the disabled.
/}-~
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 3/9/93
ITEM TITLE:
Report on undergrounding of utilities in conjunction with installation of street
improvements on Fourth A:::u7m Kittiwake Street to Del Rey High School
Director of Public Works ryrv
SUBMITTED BY:
REVIEWED BY:
City Managef
(4/5ths Vote: Yes_No X )
The FY 1989-90 Capital Improvement Program (CIP) contained a project (ST-506) to construct curb,
gutter and sidewalks, a traffic signal upgrade, stormdrain system installation and other appurtenant
improvements on Fourth Avenue from Kittiwake Street to Del Rey High School. There were no
provisions made for the undergrounding of utilities in conjunction with this project.
Staff has now completed the design of the project and is ready to advertise the project for competitive
bidding. Before we do so, we request Council's confirmation of the project's exclusion of
undergrounding of utilities with its construction.
RECOMMENDATION: That Council accept this report and direct staff to advertise the project for
public bidding, postponing the undergrounding of utilities until a district is formed covering Fourth
Avenue from L Street to Orange Avenue.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The subject project (ST-506) includes the construction of curb, gutter and sidewalk, traffic signal
upgrade, storm drainage system and various retaining walls on Fourth Avenue from Kittiwake Street
south to Del Rey High School.
This project was originally budgeted in 1989-90 with a total estimated cost of $441,000. In order to
acquire sufficient right-of-way for the project improvements, the City needed to reach agreements with
14 property owners. On May 24, 1991, by Resolution 16155, the City Council approved agreements
between the City and 13 property owners along both sides of Fourth Avenue. After considerable effort,
we were unable to reach an agreement with the one uncommitted property owner. We have modified
our plans to accommodate the travelway improvements without this dedication. Currently, the project
plans, specifications and cost estimate are complete and the engineering staff is ready to advertise the
project for competitive bidding. The project makes no provision to underground utilities concurrently
with its construction.
The undergrounding of overhead utilities from Kittiwake Street to Moss Street is a sub-phase of an
overall utility undergrounding district on Fourth Avenue that extends from "L" Street to Orange
Avenue. The City's utility undergrounding program shows this district scheduled for the year 1998
IJ/" /
Page 2, ItemB
Meeting Date 3/9/93
provided that Fourth Avenue between Del Rey High School and Orange Avenue is approved for
improvement in the C.I.P. We are recommending that the overhead utilities within the boundaries of
the subject project be undergrounded as a part of this overall undergrounding district. Specifically, we
are recommending postponing the undergrounding of utilities with this street improvement project for
the following reasons:
A. This phase of the street improvements do not require overlay or reconstruction
of the entire pavement. Hence, there will be no retrenching of new pavement
should the overhead utility be converted to underground in the future.
B. Splitting the proposed undergrounding district into several phases in order to
underground this portion independently is not recommended. This is due to the
fact that the subject street improvement does not currently tie to any
undergrounded area. Hence, there is no logical continuations or phasing to
underground the overhead utilities.
C. A decision to underground the utilities along with the subject improvements will
delay the construction of this project for a minimum of two years. This project
is needed to provide sidewalk through the area for students going to the nearby
schools.
Utility undergrounding for this segment of Fourth Avenue as part of the overall proposed
undergrounding district is ranked 15th in the City's adopted utility undergrounding program. This
ranking and the associated rating system was approved by Resolution No. 16415 on November 12,
1991.
The proposed CIP budget for FY 93/94 includes a project for street reconstruction and widening of
Fourth Avenue, between Del Rey High School and Orange Avenue. As part of this project, the overall
ranking would be re-evaluated as the design process begins. If the utilities undergrounding is approved
at that time, all of Fourth Avenue between "L" Street and Orange Avenue would be done. Since this
proposed project includes street reconstruction, the other portion of Fourth Avenue, including the
current project, could have the necessary resurfacing included.
FISCAL IMPACT: The postponement of undergrounding of utilities along this portion of Fourth
Avenue will result in no measurable cost to the City.
RS:File No. AX-l25
WPC F:\home\engineer\agenda\kittwake.rpt
I if,)-
Medina, Daniel Jr. &
Rafaela
~ 91910
Machuca,Juan L &
Maria E.
Armando &
Chula vista, CA 91911
Fuller, steven M. &
Susan M.
CA 921108
Chula Vista, CA 91911
Santa Paula, CA 93060
Alfaro, Guillermo &
Emilia; Alfaro, Ricardo
Takegughi, Masahige
t!!- I~
ula Vista, CA 1
91911
~.Juan J. &
.. . --
Chula Vista, Ca
Maria G.
..
91911
Cordova, Steven &
Carolina Family Trust
Cordova, Steven &
Caroline Family Trust
91911
Guerrero, David & Juana
Valdez, Robert & Maria
/'1~J
Chula Vista, CA 91910
L
CA 91911
DeLeon,Jorge & Felicitas
DeLeon Jorge Jr & Ivette
--- ..- -
Chula Vista, CA 91911
Washburn, Maurice &
Denise
MI." .
-a VJ.sta, CA
-
91911
Ayala, Alberto E. &
Connie
11
Martensen, Mark
Kornblatt, Jessica R.
j,,~.&
COUNCIL AGENDA STATEMENT
Item
Meeting Date 3/09/93
I>
ITEM TITLE:
PUBLIC HEARING Consideration of Coastal Development Permit
Number 64 to Develop a Golf Driving Range, Batting and Pitching Cages,
and Accessory Uses on Fifth Avenue North of "C" Street.
SUBMITTED BY:
RESOLUTION Adopting Mitigated Negative Declaration
IS-91-50(B) and Addendum Thereto and Mitigation Monitoring and
Reporting Program; and Issuing Coastal Development Permit No. 64 to
Develop a Golf Driving Range, Batting and Pitching Cages, and
Accessory Uses on Fifth Avenue North of "C" Street.
Community Development Director(~f" eA.;';"1
'0
REVIEWED BY:
City Managery-
(4/Sths Vote: Yes
No X>
BACKGROUND:
The project involves construction of an athletic and sport recreational center on approximately
nine acres located on Fifth Avenue north of "C" Street within the Inland Parcel of the Local
Coastal Program. The proposed land use currently is not allowed within the Industrial: General
land use designation of the certified Chula Vista Local Coastal Program (LCP). Since the
project site is Industrial: General, a LCP amendment is necessary and is currently being
processed through the City and Coastal Commission.
An Initial Study of environmental impacts was conducted and a Mitigated Negative Declaration
was issued along with an Addendum and Mitigation Monitoring and Reporting Program. A
conditional use/ special land use permit will be required as well as a coastal development permit.
An LCP amendment will need to be approved by the Coastal Commission prior to local
consideration of the Coastal Development Permit. It is anticipated that the LCP amendment will
be presented to the Coastal Commission at their Mayor June meeting. Therefore, the Council
hearing will need to be continued until the Commission considers the amendment.
RECOMMENDATION: That the City Council continue the public hearing and direct staff to
re-notice the public hearing when a new hearing date has been determined.
[PB\Disk: BAYFRONT\LCPA\cdp64]
[C,I WP51 ICOUNCILI 113SICDP64.113]
15'''/
COUNCIL AGENDA STATEMENT
Item .ilL
Meeting Date 3/9/93
ITEM TITLE:
Public Hearing: Variance ZA V-93-06; Appeal from the decision of the
Zoning Administrator and Planning Commission to deny a request to
reduce the required sideyard setback from 10 feet to 6 feet at 140
Mankato Street - Gerald Drewett for Cora Marguia
Resolution Affirming the decision of the Zoning Administrator
and Planning Commission and thereby denying the appeal on ZA V -93-06
SUBMITTED BY: Director of Planning ~
REVIEWED BY: City Manager ff
(4/5ths Vote: Yes_No_KJ
At the request of the applicant, staff is recommending that this item be continued until
March 23, 1993, when the Mayor will be in attendance. Please see attached letter.
NOT SCANNED
RECOMMENDATION: That Council continue this item until March 23, 1993.
(ZA V -93-<l6)
//,-/
RECEIVED
Construction
'93 !tAR -3 AS:23
GERALD E. DREWETT
General Contractor
CITY OF CHULA ViSTA
CITY CLERK'S OFFICE
City Council of Chula Vista,
The Clerk of The City of Chula vista
Attn: Beverly Authelet
March 2, 1993
Re: ZAV-93-06
Beverly,
I hereby respectfully request a postponement of the
public hearing on case no. ZAV-93-06 to the next available
date following the 9th of March as it has been brought to
my attention that the Mayor will be out of town on that
date. Could you please reschedule the date for a time in
which the Mayor will be in town and available to attend,
and inform me of that date.
I have discussed this matter with steve Griffin in the
Planning Department and there seemed to be no conflict on
his end. if there any problems with this request please
feel free to contact me at 656-9156, Thank you for your
cooperation.
R
Drewett
J & D Construction
8111WECRmT DR.. OIUlA VISTA. CA 91910 (619) 656-9156 CA STAlE lnNSE # 5258Il/I
1~'.2.
COUNCIL AGENDA STATEMENT
Item I 7
Meeting Date 3/9/93
SUBMITTED BY:
Resolution J 711.3 P supporting the Environmental Health
Coalition's Program grant application to the EPA's Near Coastal Waters
program for the development of a non-point source pollution reduction
educational program for the City of Chula Vista; and committing to a 5 %
match of the grant, not to be more than $5000.00, in the form of in-kind
contributions or existing storm drain revenue funds.
Environmental Resource M~~~
Director of Public Works '1Tv
City Manager ~ (4/5th's Vote: Yes_No..K)
ITEM TITLE:
REVIEWED BY:
In accordance with Order No. 90-42, NPDES Permit No. CA108758, the City is required to
implement a "Nonstructural Best Management Practice (BMP's)" program in order to comply
with the National Pollutant Discharge Elimination System (NPDES) permit requirements.
Nonstructural BMP's would include measures or practices the City may employ that do not
involve capital investment, but emphasize pollution prevention practices and education. The
following recommendation is a proposal to work with a local nonprofit organization to create
an educational nonpoint source control pollution prevention program for businesses, land owners,
and the community at large.
RECOMMENDATION: That Council approve the resolution as stated above and:
I. Support the Environmental Health Coalition's grant application to the Environmental
Protection Agency to create an educational program for the prevention of nonpoint source
pollution within the City of Chula Vista.
II. Allocate up to $5000.00, if and when the EP A grant is awarded to the Environmental Health
Coalition, and grant authority to the City Manager to execute a contract for said amount in
monetary or in-kind contributions for the Nonpoint Source Pollution Prevention Program.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
/7" J
Nonpoint Source Pollution
Prevention Education Grant
2
DISCUSSION:
The NPDES requires that all permittees, of which the City is one, must develop and implement
nonstructural BMP's, including management, control techniques, system design and engineering
methods appropriate for the control of pollutants, to reduce the discharge of pollutants to waters
of the United States to the maximum extent practicable. In developing these programs, the City
must consider the water quality objectives of all the receiving waters. By federa11aw, the City
must ensure that all entities (i.e. businesses, land owners, homeowners, etc..) within the City's
jurisdiction discharging into the stormwater and urban runoff conveyance systems utilize BMP's.
One of the most important elements of the NPDES requirement can be achieved by creating and
tailoring an educational program for residents and businesses within the City. The focus of such
a program would be on "non-structural best management practice" (Le: alternatives to using
pool chemicals, pesticides, herbicides, oil, general household/garden or other uses that
contribute to run-off pollution and eventually end up in our coastal waters). In order to
implement this program, staff has been working with the Environmental Realth Coalition (ERC),
a locally based non-profit organization specializing in toxic-use and non-point source pollution
reduction educational programs, to develop a proposal for Chula Vista. As a result, ERC has
proposed a comprehensive educational program that will help Chula Vista meet its obligation for
non-structural best management practices in accordance with NPDES requirements.
To fund this program, ERC will be applying for a $100,000 grant from the United States
Environmental Protection Agency. This grant requires a 5% match, in the form of either
monetary or in-kind contributions. The grant also requires a resolution of support from a
corresponding agency. This action does not require any new monetary allocations. Currently
the Public Works Department has $10,000 budgeted for NPDES educational programming to
comply with federal law. The allocation will come from storm drain fees collected specifically
for the purpose of compliance with NPDES requirements.
The Environmental Realth Coalition (ERC) is requesting a resolution from the City of Chula
Vista supporting their application for funding to the Environmental Protection Agency's Near
Coastal Protection Program. If funded, the ERC San Diego Bay Watershed Protection Program
will provide youth, community and business education in the City of Chula Vista to protect the
Sweetwater River, Otay River, Otay Lakes, Sweetwater Marsh and San Diego Bay.
NPDES STORMWATER PERMIT COMPLIANCE
The proposed project will assist the City of Chula Vista to meet the requirements of the NPDES
Stormwater Permit program. Specifically, the NPDES requires the development of educational
Best Management Practices to reduce non-point source pollutants. Best Management practices
are considered the best opportunities for pollution prevention and are the least costly. ERC has
worked in a similar capacity, and has a proven track record with the Cities of San Diego and
17-.2
J
National City to help them enhance their compliance.
The Environmental Protection Agency has identified San Diego Bay and its watershed as one
of the primary targets for this funding cycle, and has listed sediment contamination from urban
runoff and erosion from upstream development as priority issues. Both of these are important
issues for Chula Vista, and EHC's request for support will help the City meet its obligations to
create a Best Management Practices Program, required under the National Pollutant Discharge
Elimination System Act.
EHC has conducted the San Diego Bay Watershed Protection Project for the last two years in
Southeast San Diego and then expanded southward to include National City. Chula Vista is the
natural candidate to expand the watershed protection project. As the second largest City in the
County, the impact of the program will be tremendous.
DESCRIPTION OF PROPOSED 1993-1994 WATERSHED PROTECTION PROGRAM
The San Diego Bay Watershed Protection Demonstration Project consists of three elements:
1. Business Technical Assistance Program
2. Youth Education Watershed Protection Curriculum
3. Community Education and Outreach
I. BUSINESS TECHNICAL ASSISTANCE AND POLLUTION PREVENTION PROGRAM
The Business Technical Assistance program's purpose is to reduce non-point source pollution
from Chula Vista businesses. The program includes the following elements:
a) The Environmental Health Coalition will organize a Pollution Prevention Seminar for
local businesses featuring a national expert in the field of toxic use reduction. All
businesses known to use hazardous materials and who generate hazardous wastes will be
invited to attend.
b) Exploring the creation of a pilot program targeting best management practices for
businesses that have a high potential for contributing watershed pollution.
c) To conduct an internal city audit of toxics use and disposal practices.
d) A watershed education brochure for businesses will be developed, identifying
strategies businesses can use to reduce their potential for polluting the watershed.
e) The Environmental Health Coalition developed a "Best Management Practices Manual
for Businesses" in 1992. It provides specific information for pollution prevention in a
how-to, easy to follow format. A limited number will be made available to businesses
I /- ;:J
Nonpoint Source Pollution
Prevention Education Grant
4
upon request.
f) The business outreach brochure and calendar will be mailed to all companies with
potential pollution problems.
11. YOUTH EDUCATION CURRICULUM
The goal of the youth education program and watershed protection curriculum has two goals:
a) To instill the importance and relevance of watersheds, groundwater, and surface
waters to their surrounding community and educate the students on how they can help
protect the watershed and its surrounding systems.
b) To create an awareness of these factors in their families and their community.
The curriculum will:
a) Offer teacher in"services on watershed protection to all elementary schools in the
Chula Vista School District.
b) Provide classroom presentations to six schools.
c) POSTER CONTEST. Building on the watershed protection learning activities
provided by teachers or EHC staff, 3-6 grade students will be invited to participate in a
poster contest to demonstrate their knowledge of the key concepts. This process is very
successful in stimulating teacher and student involvement in the watershed education
program. Posters will be displayed in the City Hall buildings. The winning posters will
be showcased in the 1994 Watershed Protection Calendar.
111. COMMUNITY EDUCATION AND OUTREACH
There are over 140,000 people residing in the City of Chula Vista. The goal of the Community
Outreach and Education Program is to reduce pollutants entering the storm drainage system from
residential non-point source pollution. The following elements are included in the Community
Outreach Program:
a) EHC will work with the City Council to designate January 1994 as "Watershed
Awareness Month". January is being selected to tie in with the release of the 1994
Watershed Protection Calendar and the region's rainy season.
b) EHC will work with a local TV station to produce and air a watershed awareness
Public Service Announcement during the month January.
/7-J!
.
5
c) 1994 Watershed Protection Calendars will be produced, showcasing the students'
posters. Distribution of the 1994 calendar will include all residents in the City of Chula
Vista.
d) A media campaign will be created, with the 1994 Watershed Protection Calendar to
be featured in the campaign.
e) A two to four page Watershed Protection Guide will be produced for distribution at
public facilities, through public mailings within Chula Vista through community
meetings, events, and other outreach opportunities.
o Community Meetings. Watershed protection will be the focus of six meetings to be
held in diverse geographic areas of Chula Vista. Business and community associations
will be approached to sponsor these meetings as part of their regular activities. ERC
will provide a presentation which includes an overview of the hazards associated with
non-point source pollution and pollution prevention approaches for businesses, property
owners and homeowners. A slide show will be utilized.
FISCAL IMPACT: ERC will request a grant of $100,000 from the EPA. Moneys received
will be spent only within the City of Chula Vista. The EPA's Near Waters Program requires
a 5% match from a supporting agency. ERC is requesting the City provide the required 5%
match through either in-kind services in the form of staff support, or a cash contribution of up
to $5000.00.
Funding will be up to $5000.00 for the program. The source of funding for this project is from
the Storm Drain Fee Revenues, from the Public Works Department - Engineering Division, a
fee which was established by the Council in 1991. This Storm Drain Fee was established in
order to fund the development and implementation of stormwater pollution control programs
required by the NPDES permit. Funding is currently budgeted and available from the FY 1992-
93 budget.
If in-kind contributions are used, only existing staff time will be utilized. Currently, the
Environmental Resource Manager's work program includes developing a toxics reduction
program, in accordance with the Environmental Agenda of the 1990's concept plan approved by
the City Council in April 1992. Therefore, both funding and staff allocation will be in
accordance with the existing work load, and will not require any additional funding sources, or
additional staff resources.
0-'> / /7-/'
RESOLUTION NO.
17tJ..:J1J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA SUPPORTING THE ENVIRONMENTAL
HEALTH COALITION'S GRANT APPLICATION TO THE
EPA'S NEAR COASTAL WATERS PROGRAM FOR THE
DEVELOPMENT OF A NON-POINT SOURCE POLLUTION
REDUCTION PROGRAM WITHIN THE CITY OF CHULA
VISTA; AND COMMITTING TO A 5% MATCH OF THE
GRANT, NOT TO BE MORE THAN $5000.00, IN THE
FORM OF IN-KIND CONTRIBUTIONS OR EXISTING
STORM DRAIN REVENUE FUNDS
WHEREAS, in accordance with Order No. 90-42, NPDES Permit
No. CA108758, the City is required to implement a "Nonstructural
Best Management Practice (BMP's) II program to in order to comply
with the National Pollutant Discharge Elimination System (NPDES)
permit requirements; and
WHEREAS, nonstructural BMP's
practices the City may employ that
investment, but emphasize pollution
education; and
would include measures or
do not involve capital
prevention practices and
WHEREAS, staff's recommendation is a proposal to work, in
coordination with a local nonprofit organization to create an
educational nonpoint source control pollution prevention program
for businesses, land owners, and the community at large.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby support the Environmental
Health Coalition's grant application to the Environmental
Protection Agency to create an educational program for the
prevention of nonpoint source pollution prevention program within
the City of Chula vista.
BE IT FURTHER RESOLVED that the City Council does hereby
direct the city Manager to negotiate and execute an agreement with
Environmental Health Coalition to obtain a Pollution Prevention
Program consisent with their 1993-94 Watershed Protection Program,
conditioned on the EHC's receipt of an EPA Grant in the approximate
amount of $100,000 in exchange for the contribution of up to
$5,000.00 by the city to Environmental Health Coalition in monetary
or in-kind contributions from storm Drain ees collected
specifically for the purpose of compliance 'th NP S requirements.
d1'
JJ
Presented by
Barbara Bamberger, Environmental
Resource Manager
/7- / /111'8
, city
PROPOSED N.P.D.E.S. BUDGET
Revenue
1.
2.
3.
Revenue in FY 1991-92
Projected Revenue in FY 1992-93
Projected Revenue in FY 1993-94
Projected Revenue Through End of FY 1993-94
FY 1991-92 Expenditures
1.
2.
3.
4.
Sweetwater River Channel Maintenance (City Share)
N.P.D.E.S. Permit Fee
Office Equipment
Staff Time (Includes Reimbursement to the General Fund
for Staff Time and Expenditures in FY 1990-91)
FY 1991-92 Expenditures
Proiected FY 1992-93 Expenditures
1.
2.
2.
3.
4.
Sweetwater River Channel Maintenance (City Share)
N.P.D.E.S. Permit Fee
DR-117 (Monitoring Stations) - Appropriation
Professional Services (Field Screening)
Public Education
a. Postage
b. Printing/Copying
Travel, Conferences, and Meetings
Training - City Personnel
Staff Time [1715 hours x $24.00/hour x 2.78587(FCR)]
5.
6 .
7.
Projected FY 1992-93 Appropriations/Expenditures
Proposed FY 1993-94 Expenditures/ Appropriations (Details Attached)
1. Sweetwater River Channel Maintenance by County (City Share)
2. N.P.D.E.S. Permit Fee
3. DR-117 (Monitoring Stations) - Additional Appropriation
for Two More Stations and Computer Software and Hardware
4. Professional Services, Field Screening and Storm Sampling
5. Miscellaneous Costs
a. Postage
b. Printing/Copying
6. Travel, Conferences, and Meetings
7. Training - City Personnel
8. Staff Time [1715 hours x $25.00/hour x 2.78587(FCR)]
9. PUblication/Manuals (State BMP Manuals, etc.)
10. Illicit Connection/Illegal Discharge Detection Program
Inspections (Possible Interagency Agreement with the County
of San Diego Department of Health Services)
11. DR-114 - Telegraph Canyon Channel Repair
12. DR-115 - Storm Drain at Camino Elevado/Otay Lakes Road
Proposed FY 1993-94 Appropriations/Expenditures
1 17.'J
$ 268,403
$ 405,000
$ 405,000
----------
----------
$1,078,403
$ 19,600
$ 781
$ 7,797
$ 113,875
----------
----------
$ 142,053
$ 24,500
$ 900
$ 99,000
$ 30,000
$ 10,000
$ 2,500
$ 2,000
$ 400
$ 114,666
----------
----------
$ 283,966
$ 26,500
$ 1,800
$ 91,000
$ 181,000
$ 12,000
$ 3,000
$ 2,000
$ 2,000
$ 119,444
$ 1,200
$ 50,000
$ 70,000
$ 42,000
----------
----------
$ 601,944
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COUNCIL AGENDA STATEMENT
Item 18"
Meeting Date 03/9/93
SUBMITTED BY:
RESOLUTION 17P.;qonceptually approving funding not to exceed
$700,000 to South Bay Community Services for acquisition and first-year
operational costs of a 14 unit apartment building at 31 Fourth Avenue to
be used as a short term housing facility.
Community Development Director ~7 .
ITEM TITLE:
REVIEWED BY: City Manager g
(4/5ths Vote: YES..x.. NO _)
BACKGROUND: South Bay Community Services (SBCS) has submitted a funding request to
purchase and rehabilitate a 14-unit apartment complex to develop a short-term housing facility
to serve homeless families in the South Bay. The site is adjacent to the proposed SBCS
transitional housing project which will enable both projects to be managed together. It is also
close to National City, which has been contacted to financially participate in this project. SBCS
is applying for grants from county, state, and federal funds and needs to match these source with
City funding; therefore they are asking for conceptual approval at this time.
RECOMMENDATION: StaTfrecommends that Council continue item to March 23 per the
applicants request (letter attach1'
~01SC~ D
18"" /
'93-03-03 14:4~ SOUTH BAY COMM. SERV
t"' .1
3154th Avenue. Suite E . Chula Vista. CA 91910 . (619) 420-3620 f 9790 f 5051
March 3, 1993
Mr. Chris Salomone
C..,..lnity Development Department
City of Chub Vista
276 Pourth Avenue.
Chula Vista, eA 9!!}lo'.c,,,, ..- .......
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Dear Hr. SalQlllOne:
South Bar Community Services would like to ask that the City
Council tew regarding funding short-term housing at 31 Fourth
Avenue ba delayed from the March 9 meeting to March 23, 1993.
Th.uk you for your assistance.
I."
-..-...
.
~~
) 8"~~
------- -
COUNCIL AGENDA STATEMENT
Item 11
Meeting Date 3/9/93
ITEM TITLE:
Report: PCA-93-02; Modification to Floor Area Ratio requirements for
single-family residential zones
Director of Planning ~t
City ManagerfJ (4/Sths Vote: Yes_No.lO
SUBMITTED BY:
REVIEWED BY:
On January 12, 1993, Council considered a report on various alternatives to the present Floor
Area Ratio (FAR) requirements and directed staff to return with a report on an alternative which
would:
1) use a sliding scale with a minimum FAR of 0.50 for smaller lots; and
2) provide an exemption for open patio covers and porches.
RECOMMENDATION: That Council direct staff to return with an ordinance to revise the
floor area ratio requirements in all R-1 zones, based on a sliding scale with an FAR of 0.50 for
lots under 7,000 square feet (with a maximum square footage to ensure equity for larger lots)
and an exemption for open patio covers and porches of not more than 300 square feet.
BOARDS/COMMISSIONS RECOMMENDATION: On February 10, 1993, the Planning
Commission was asked for input on the earlier report and the alternatives selected by Council
for further consideration. None of the Commission members expressed any concerns regarding
the alternatives outlined by the City Council.
DISCUSSION:
The FAR modifications selected by Council for further consideration appear workable to staff
with certain qualifications. The stated desire of Council is to provide smaller lots of less than
7,000 square feet in the older, established portions of the City with a greater opportunity to
expand their dwellings in a manner more consistent with that which is provided for in the newer
planned communities to the east.
"Sliding Scale" FAR
The present FAR for all R-1 zoned areas and single-family developments within older planned
communities is 0.45. The FAR for newer planned communities such as EastLake, Rancho del
Rey, and Sunbow varies, but is generally based on a sliding scale which allows a proportionately
/9" /
Page 2, Item ft
Meeting Date 3/9/93
greater FAR on smaller lots, such as 0.45 for lots 7,000 sq. ft. or greater, 0.50 for lots between
6,000-7,000 sq. ft., and 0.55 for lots between 5,000-6,000 sq. ft. The attached table presents
a comparison of FAR's for lots between 5,000-7,000 sq. ft.
The table shows that an increase in the FAR from 0.45 to 0.50 for lots under 7,000 sq. ft.
would provide an increase in allowable floor area of from 250 sq. ft. for 5,000 sq. ft. lots (from
2,250 to 2,500 sq. ft.) to 350 sq. ft. for 6,999 sq. ft. lots (from 3,150 to 3,500 sq. ft.). These
figures would appear to provide for a reasonable opportunity to expand consistent with the size
of the lot and with homes available in the newer planned communities.
The table also reveals, however, that as lots approach 7,000 sq. ft., the application of a 0.50
FAR would allow more floor area than that which would be allowed on larger lots of over 7,000
sq. ft. subject to a 0.45 FAR. This inequity can be addressed by establishing, along with the
0.50 FAR, an upper limit of 3,150 sq. ft., which equates to a 0.45 FAR on a 7,000 sq. ft. lot.
It is recommended this limit be used in the R-l zone.
An FAR of 0.55 for lots between 5,000-6,000 sq. ft. was also considered. This would provide
an increase in allowable floor area of from 500 sq. ft. for 5,000 sq. ft. lots (from 2,250 to 2,750
sq. ft.) to 600 sq. ft. for 6,999 sq. ft. lots (from 2,699 to 3,299 sq. ft.). Although this further
increase in FAR for the smallest lots would be more consistent with that allowed in the newer
planned communities, we feel the results would be less predictable and likely less desirable in
existing, developed areas for the following reasons.
First, developments of less than 6,000 sq. ft. in planned communities are planned and developed
as a total package, including the siting and interrelationship among dwellings, the floor plans and
architecture of the home~, and development standards which strictly control or even prohibit
additions. As a result, the scale and bulk of the dwellings and character of the neighborhood
is predetermined and known to the City, the developer and each prospective homeowner. In
contrast, there is no design control in existing, developed R-l areas. Additions of any sort can
be added as long as they meet the bulk and setback standards.
Secondly, many neighborhoods in the Montgomery Specific Plan area have been rezoned to R-l-
5. Therefore, although the normal expectation would be to have the smallest lots distributed
throughout an area (the R-l zone provides that 70% of the lots shall be 7,000 sq. ft. or greater,
20% between 6,000-7,000 sq. ft., and no more than 10% between 5,000-6,000 sq. ft.), these
areas in Montgomery would involve entire neighborhoods with the 0.55 FAR allowance and no
design control.
For these reasons, we are not recommending that the FAR be further increased for the lots
between 5,000-6,000 sq. ft.
/9"~
Page 3, Item ~
Meeting Date 3/9/93
Patio Covers and Porches
The City Council also asked staff to evaluate a proposal to exempt open patio covers and
porches from the FAR requirements. The newer planned communities provide an exemption
for open patio covers of not more than 300 sq. ft. For purposes of this exemption, an open
patio cover is defined as one that is open on at least two sides, with a lattice-type roof no more
than 50% covered. This type of structure represents more of an open element rather than
building mass, and in staff's opinion could be exempted in all R-l areas without creating a
problem. If this exemption were broadened to include patio covers which are solid, there could
be a greater visual impact in some cases. However, an exemption which applied equally to all
patio covers would be less difficult to administer than one which distinguishes between a solid
roof and an open-lattice roof, and staff would not be opposed to such an exemption.
Finally, Council asked staff to consider whether or not covered porches should be exempt from
the FAR. Porches, which generally have a solid covering, are usually modest in size,
constituting no more than 50 square feet or so. We feel that it would be appropriate for them
to be included in the same exemption as patio covers, up to an overall maximum of 300 square
feet for both patio covers and porches.
FISCAL IMPACT: Not applicable.
(PCA93-Q2.A113)
19-J/19-i
.
F.A.R. COMPARISON
Lot Area 45% 50% 55%
7,000 3,150
6,999 3,149 3,499
6,800 3,060 .3,400
6,600 2,970 3,300
6,400 2,880 3,200
6,200 2,790 3,100
6,000 2,700 3,000
5,999 2,699 2,999 3,299
5,800 2,610 2,900 3,190
5,600 2,520 2,800 3,080
5,400 2,430 2,700 2,970
5,200 2,340 2,600 2,860
5,000 2,250 2,500 2,751
Pattylfarcomp.sg
/9-f
EXCERPT FROM DRAFT PLANNING COMMISSION MINUTES OF 2/10/93
ITEM 2:
REQUEST FOR COMMENTS ON PROPOSED CHANGES TO FLOOR AREA
RATIO REQillREMENTS IN SINGLE FAMILY RESIDENTIAL ZONES
Principal Planner Griffin gave the background and the possible changes to the floor area ratio
standards for single-family zones. He noted the City had formerly regulated bulk by a lot
coverage standard which was 40% in height restrictions, basically 2-112 stories or 35 feet; an
FAR of 0.45 was added several years ago. He gave some examples of the proposed FARs using
a sliding scale with a minimum floor area ratio of 0.50 for smaller lots.
Mr. Griffin stated that the City Council had asked the Planning Commission to give input on two
potential modifications: using the sliding scale for all single-family properties under 7,000 sq.
ft. and an exemption of patio covers and porches from the FAR calculation. He said staff was
supportive of the sliding scale and some type of exemption for open patio covers, which could
also cover porches. With input from the Commission as to their direction, staff would take a
report to Council, and if Council chose to proceed, staff would be returning to the Commission
and Council with a formal ordinance amendment to be reviewed and discussed at that time.
Chair Fuller questioned staff regarding the home which had been included in the staff report.
Mr. Griffin stated it would benefit the particular home that had triggered the analysis of the floor
area ratio.
Commissioner Carson asked when the lot is smaller -- 5,000 to 6,000 sq. ft. on a sliding scale -
-- why the amount was larger. If the lot was smaller, it should be reversed.
Assistant Planning Director Lee said that part of the analysis got into the planned communities
and it became fairly evident that even when establishing a smaller lot, it should be able to
accommodate a reasonably sized home. Mr. Lee explained staff's rationale using the sliding
scale.
Commissioner Carson asked if the sliding scale would allow a home such as the Raso or
Salganaek houses to be built. Mr. Lee answered that they would not be allowed, and informed
those in attendance about the homes to which Commissioner Carson referred.
Chair Fuller concurred with the recommendation.
Commissioner Tarantino asked what would happen if the developer decided to build up instead
of out. Mr. Griffin explained that the Code required a maximum of 40% lot coverage; there
could only be a certain amount of a lot that could be covered in a footprint. This would not
change and the setbacks from the property lines would also continue to apply.
Commissioner Martin asked about the porch or carport. Mr. Griffm said that originally they
had discussed, as one alternative, exempting patio covers which had been done in newer planned
/9-1"
communities, and Council had asked staff to look at exempting porches which had previously
been included in FAR calculations.
There were no other comments by the Commissioners regarding FAR.
/'1-'}
, .
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Considering an appeal filed by Gerald Drewett representing Cora Marguia
from decision of Planning Commission denying variance request to reduce
sideyard setback from 10 ft. to 6 ft. in order to construct carport @ 140
Mankato Street.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
March 9, 1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: February 24, 1993
Beverly A. Authelet
City Clerk
,
NOTICE OF PUBLIC HEARING
BY THE CITY COUNCIL OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN TIlA T A PUBLIC HEARING WILL BE HELD BY TIlE CITY
COUNCIL of Chula Vista, California, for the purpose of considering an appeal filed by Gerald
Drewett representing Cora Marguia from a decision of the City Planning Commission denying
a variance request to reduce the sideyard setback from 10 ft. to 6 ft. in order to construct a
carport at 140 Mankato Street. Copies of the proposal are on file in the office of the Planning
Department. Any petitions to be submitted to the City Council must be received in the City
Clerk's office no later than noon of the hearing date.
If you wish to challenge the City's action on this matter in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Clerk at or prior to the public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, March 9,
1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276\Fourth Avenue, at
which time any person desiring to be heard may appear.
DATED: February 19, 1993
CASE NO. ZA V -93-06
Beverly Authelet
City Clerk
WPC: F:\HOME'f>lANNING\A40.92
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* DATE START RECEIVER TX TIME PAGES TYPE NOTE *
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* FEB-24 9:26 STAR NEWS LEGAL 1'14" 2 SEND OK *
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DATE:
'2../4.-41 C\~
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If all pages are not received, please call Lorna @ (619)691-5041.
-
NOTICE OF PUBLIC HEARING
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
Considering an appeal filed by Gerald Drewett representing Cora Marguia
from decision of Planning Commission denying variance request to reduce
sideyard setback from 10 ft. to 6 ft. in order to construct carport @ 140
Mankato Street.
If you wish to challenge the City's action on this matter in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday,
March 9, 1993, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth
Avenue, at which time any person desiring to be heard may appear.
DATED: February 24, 1993
Beverly A. Authelet
City Clerk