HomeMy WebLinkAboutAgenda Packet 1992/05/26
Tuesday, May 26, 1992
6:00 p.m.
"I dllclero under l'llnalty 0; l'erju!'l' thet I eiff
emf/loye:! by the Gity of (.hula Vista In the
Office of the City Clerk and that. I posted
th'IS Agen'h/Notice on the Bulletm Bo.ard at
- d t C t uall Council Chambers
the Public l)jlrvices Building an a I Y. '. U P bl' S . B ild'
DATED,5,f?.2.-/7.;l SIGNED' u IC elVlces u mg
Rel(Ular MeetlnSl: tf the Cirv of Cli a Vista Cirv Council
CALL TO ORDER
1. ROll. CAlL: Councilmembers Grasser Horton -' Malcolm -' Moore -' Rindone -' and Mayor
Nader _
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SIl.ENf PRAYER
May 5, 1992 (Joint Meeting of the City Counci1/Redevelopment
Agency), May 5, 1992 (City Council), and May 12, 1992 (City
Council)
3.
APPROVAL OF MINUTES:
4. SPECIAL ORDERS OF THE DAY:
a. Presentation on regional airport options.
CONSENT CALENDAR
(Items through 5 through 12)
The stoff recommendations regarding the following iIons 1isted II11Iier the CoIIsenl Calendor will be enacted by the
Cowu:i/ by one motion wiIhout discussion unless a Coundlmember, a member of the public or City stoff requests
that the item be pulled for discussio1I. lfyou wish to speok on one of these items, pleiJse fill out a "Request to
Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speok in favor of the stoff recommendation; ~ the pink form to speok in opposition to the stoff
recommendtltion) Items pulled from the CoIIsenJ Calendor will be discussed after Aaioft Items and Board and
Commission Recommendations Items pulled by the public will be the first iIons of business.
5. WRITTEN COMMUNICATIONS:
a, Letter requesting approval of a one-time July 4th celebration with fireworks in EastLake .
Katy Wright, Project Manager, EastLake Development Company, 900 Lane Ave., Suite 100,
Chula Vista, CA 91914.
b. Letter requesting endorsement and attendance at annual Race Unity Picnic on Saturday,
6/13/92 . Tom Galloway, Baha'i Race Unity Committee, P. O. Box 287, Chula Vista, CA
91912.
6.
ORDINANCE 2514
AMENDING THE ZONING MAP OF EASTI.AKE II PLANNED COMMUNITY
DISfRlCT FOR PARCELS R-24 AND R-25 CONSISTING OF
APPROXIMATELY 5.0 ACRES AND 7.4 ACRES LOCATED WITHIN THE
EASTI.AKE GREENS SECTIONAL PLANNING AREA PLAN (PCM-92-Q3)
(second readinSl: and adoption) . The request will amend the EastLake
Greens SPA Plan and transfer sixty-nine dwelling units within the project.
No increase in dwelling units is proposed. Staff recommends Council place
the ordinance on second reading and adoption. (Director of Planning)
Agenda
-2-
May 26,1992
7.
ORDINANCE 2516
ADOPTING -mE UNIFORM FIRE CODE, 1991 EDITION AND -mE
APPENDIX AND SfANDARDS 1HERETO (firstreat!;n"l - The 1991 Edition
of the Uniform Fire Code shows improvement over the 1988 Edition.
Language and clarification have been stressed. Three major amendments
have been added. They deal with overspill containment on flammable
liquid tanks, permitting certain above ground flammable liquid tanks and
regulating storage of empty wooden or plastic pallets. Other proposed
amendments are those that have been approved by Council over the past
seven years. Staff recommends Council place the ordinance on first
reading. (Fire Chief)
8. RESOLUl10N 16633 APPROVING CONFIDENTIAlJ1Y AGREEMENT wrrn LAIDLAW WASTE
SYSTEMS - During last year's consideration of rate increases for Laidlaw,
Council requested certain information about their operations and finances
that Laidlaw may consider proprietaty and, therefore, Council directed staff
1I.1f;S(!1!1I1..,,"" to come back with a proposed Confidentiality Agreement at the appropriate
To .:TVNti.:t I""z.. time. Laidlaw has recently submitted a request for a rate increase and the
agreement is submitted for consideration. Staff recommends approval of
the resolution. (City Attorney and Director of Finance)
9. RESOLUl10N 16634 AUTHORIZING -mE PURCHASE OF lWO POUCE PATROL SEDANS VIA A
COOPERATIVE BID - Two Police patrol sedans were damaged beyond
repair and need to be replaced. The vehicles may be purchased via a
cooperative bid from Mill Ford, Anaheim, California on the County of San
Bernardino Bid No. W-42. Staff recommends approval of the resolution.
(Director of Finance)
10. RESOUJnON 16635 APPROVING AMERICAN GOlFS SUBLEASE OF -mE GOLP COURSE
RESfAURANT AND BAR TO PRESTIGE HOSPITAU1Y SERVICES -
American Golf Corporation (AGC) has requested permission to sublease the
Golf Course Restaurant and Bar operation to Chris Campion, President,
Prestige Hospitality Services Company (PHS), in accordance with the
Agreement between AGC and the City of Chula Vista for the operation of
the Golf Course Restaurant and Bar facility. Staff recommends approval of
the resolution. (Director of Parks and Recreation)
11. RESOLUl10N 16636 AMENDING -mE FISCAL YEAR 1991-92 BUDGET TO ADD lWO
TEMPORARY, PART-TIME UNCLASSIFIED INTERN POSITIONS IN -mE
PUBUCWORKS DEPARTMENT AND APPROPRIATING FUNDS TIiEREFOR
The 1991-92 budget includes a Capital Improvement Project (CIP) to
perform a Growth Management Program Traffic Study. Transportation
Development Impact Fees funds were appropriated for this purpose. It was
staffs initial intent to have a transportation consultant perform the Growth
Management Program Traffic Study. Staff has reassessed the need to
engage a traffic consultant and has determined that it would be possible
to perform the study "in-house" if we could hire temporaty personnel.
Performing the study "in-house" is estimated to result in a savings of more
than $30,000. Specifically, staff is requesting Council's approval to utilize
funds appropriated in the CIP Growth Management Traffic Monitoring
Study project to hire two additional part-time intern positions to collect
field data for the Growth Management Traffic Monitoring Study. Staff
recommends approval of the resolution. (Director of Public Works)
4/5th's vote required.
Agenda
.3.
May 26, 1992
12.A. RESOLUTION 16637 APPROVING PARCEL MAP AGREEMENT AND AU1HORIZING MAYOR TO
EXECUTE SAID AGREEMENT FOREASTI.AKE VlU.AGE CENTER. - EastLake
Development Company (EastLake) has applied for and been granted
conditional approval of Tentative Parcel Map 92-2. In satisfaction of
Conditions of Approval, EastLake has executed an agreement which is now
before Council for approval. Staff recommends approval the resolutions.
(Director of Public Works)
B. RESOLUTION 16638 AU1HORIZING TIlE CITY ENGINEER AND PlJ\NNING DIRECTOR TO
EXECUTE PARCEL MAP AGREEMENTS ON BEHALF OF TIlE CITY
COUNCIL
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items Iu:we been advertisel1 and/or posted as publii: hearings as requireIll1y 1iIw. If you wish to speoIc
to fIllY item, pkIlse Jill out the "R.equm to Speok Form" avaiJDble in the lobby and submit it to the City C1erIc prior
to the meeting. (Complete the green form to speoIc in favor of the staffrecommmdation; complete the pink form
to speoIc in opposition to the staff recommendation.) Commmts are limited to five minutes pt!T individuaL
13. PUBUC HEARING ASSESSMENT DISTRlCf NO. 90-2 (OTAY VAU.EY ROAD) . On 4/21/92,
Council adopted the Resolution of Intention to construct and finance
certain public improvements to Otay Valley Road, east of I-80S, pursuant
to the Municipal Improvement Act of 1913 and set the public hearing on
the formation of Assessment District No. 90-2 (Otay Valley Road) for
5/26/92. The associated resolutions make changes and modifications to
the Engineer's Report, overrule protests, confirm the assessments, make
CEQA findings, adopt a Mitigation Monitoring Plan, and approve utility and
underwriter agreements. Staff recommends approval of the resolutions.
(Director of Community Development and Director of Public Works)
A RESOLUTION 16639 APPROVING AGREEMENTS FOR EXECUTION IN ASSESSMENT DISTRICf
NO. 90-2 (OTAY VAU.EY ROAD) AND AUnIORIZING TIlE MAYOR TO
SIGN SAID AGREEMENTS
B. RESOLUTION 16640 APPROVING TRANSFER OF FUNDS TO ASSESSMENT DlSTRICf NO. 90-2
(OTAY VAU.EY ROAD)
C. RESOLUTION 16641 ORDERING CERTAIN CHANGES AND MODIFICATIONS TO TIlE
ENGINEER'S REPORT IN ASSESSMENTDlSTRICf NO. 90-2 (OTAYVAU.EY
ROAD)
D. RESOLUTION 16642 OVERRUUNG AND DENYING PROTESTS AND MAKING CERTAIN
FINDINGS IN ASSESSMENT DlSTRICf NO. 90-2 (OTAY VAU.EY ROAD)
E. RESOLUTION 16643 CONPIRMING TIlE ASSESSMENT, ORDERING TIlE IMPROVEMENTS
MADE, TOGETHER WI1H APPURTENANCES, APPROVING TIlE
ENGINEER'S "REPORT", MAKING CEQA FINDINGS, AND ADOPTING A
STATEMENT OF OVERRIDING CONSIDERATIONS AND A MITIGATION
MONITORING PLAN REGARDING ASSESSMENT DlSTRICf NO. 90-2
(OTAYVAU.EYROAD)
Agenda
-4-
May 26,1992
14.
PUBUC HEARING
TO CONSIDER ADOPTING A RESOUITION OF NECESSI1Y FOR
ACQUIRING AND AUlHORIZING THE CONDEMNATION OF CERTAIN
REAL PROPERlYWl1HIN THE OTAY VAlJ.EY ROAD STREET WIDENING
PROJECT. A public hearing is necessary for the Council to deliberate upon
the request to adopt the Resolution of Necessity to acquire the remaining
property rights through eminent domain for the public right.of.way which
is necessary for the construction of Otay Valley Road improvements. The
City's acquisition consultant was successful in reaching agreement with all
but four property owners covering five parcels which are the subject of the
resolution. Staff recommends approval of the resolution. (Director of
Community Development) 4/5th's vote required.
RESOLUTION 16644 FINDING AND DETERMINING PUBUC INIEREST AND NECESSITY FOR
ACQUIRING AND AUlHORIZING THE CONDEMNATION OF CERTAIN
REAL PROPERlY WInIIN THE OTAY VAlJ.EY ROAD STREET WIDENING
PROJECT ALONG OTAYVAlJ.EY ROAD BElWEEN INTERSTATE 805 AND
THE EASTERN BOUNDARIES OF THE CI1Y OF CHUIA VISTA
ORAL COMMUNICATIONS
This is an opportuni1.y for 1M general pubtil: to address 1M city Council 011 any subject mailer wiJhin 1M Council's
jurisdiI:tion tIult is not an item 011 this agenda. (State law, however, generally prohibits 1M City Council from
taking action 011 any issues not included 011 1M posted agenda.) If you wish to address 1M Council 011 such a
subject, pIeDae complete 1M yellow "Request to Speak UruJer Oral Conununiauion.s Form" available in 1M lobby
and submit it to 1M City CIok prior to 1M muIing. 'Those who wish to speok, pIeDae give your nome and address
for record purposes and foUow up action. Your time is limited to three minutes per speaker.
ACTION ITEMS
The iIems lisfBl in this section of 1M agenda are expected to etiI:it substantial discussions and deliberations by 1M
Cowu:iJ, staff, or members of 1M general publU:. The iIems will be considered individuaIIy by 1M Council and staff
reconrnaendatio may in certJJin cases be presented in 1M a1temative.. 'Those who wish to speok, pIeDae fill out
a "Request to Speak" form available in 1M lobby and submit it to 1M City Clerlc prior to 1M mating. Pubtil:
comments are limited to five minutes.
None submitted.
BOARD AND COMMISSION RECOMMENDATIONS
This is 1M time 1M City Council will con.sideT iIems which have been forwarded to them for ClJII.fidI1TaIi by one
ofIM City's Boards, Commissions and/or Committees.
None submitted.
ITEMS PUUJID FROM THE CONSENT CALENDAR
This is 1M time 1M City Council will discuss iIems which have been TenIlJWi1 from 1M Consent Calendar. Agmda
iIems pulletl at 1M request of 1M pubtil: will be considered prior to those pulletl by Coum:ilmanben. PubtiI:
comments are limited to five minutes per individuaL
Agenda
-5-
May 26, 1992
O'lHER BUSINESS
15. CI1Y MANAGEROS REPORTCs)
a. Scheduling of meetings.
16. MAYOROS REPORT(s)
a. Downtown Business Ucense Tax Rebate Program.
17. COUNCIL COMMENTS
Councilman Rindone
a. Chula Vista City Council position on Assembly Bill 3734.
b. Appointment of Susan Herney to Otay Ranch InteIjurisdictional Task Force.
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators regarding personnel pursuant to Government Code Section 54957.6
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on June 2,
1992 at 4:00 p.m. in the City Council Chambers.
A Special Meeting of the Redevelopment Agency will be held immediately following the City Council
meeting.
May 19, 1992
The Honorable Tim Nader, Mayor
Members of the City Council
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Nader and Council Members:
As a show of appreciation for our new residents we
are planning a one-time July 4th celebration in
EastLake. Our plans call for an invitation to all
EastLake residents to enjoy an "Appreciation Day"
featuring a band and fireworks display either near
the lake or in EastLake Greens.
You might recall that several years ago we had a
fireworks display on the 4th of July and had hoped
to make it an annual event. That effort was
discontinued for a variety of reasons. Some city
Council members had also expressed concern that an
annual EastLake event on the 4th would disrupt the
City's bayfront display.
Since we are not planning an annual program, we
hope to allay any objections you might have with
the program. However, if you do have a problem
with this concept, we would be pleased to discuss
it with you.
Because we need to commit to the fireworks company,
we would appreciate hearing any concerns this week,
if possible.
Thank you for your consideration.
Sincerely,
L'c:
EASTLAKE DEVELOPMENT COMPANY ~tCt\~L\)
~ lJJ~ Mfi.Yl9 1992. ~ 0
MAYOR'S Of.,HCE
Katy righ - c;lola _'" l
Project Manager
KWjcll !\J
cc: John Goss WRITTEN COM
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RECEiVED
'92 MAY 19 P2 :27
CIT'i'
CITY
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fASTLAKE
DEVELOPMENT
COMPANY
NICATIONS ~
900 Lane Avenue d ~~'Q'7
SUite 100 7..;1. /...
Chula ,,"sta, CA 9191~
(619) 421-0127
FAX (619) 421-1830
May 20, 1992
RECEIVED
21 /\Q:LIB
'l:fl!WI'! " ;
enY OF ~c c.c
CITY cu.!;~
The Honorable Mayor & city Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Subject: Race unity Picnic
Dear Mayor Nader & Members of the Council:
It is respectfully requested that the City Council
consider at its Tuesday, May 26, 1992 meeting the endorsement
of and attendance at the annual Race Unity Picnic held at
Eucalyptus Park in Chula Vista. We hope you will give this
proposal urgent placement on your agenda since the picnic
will take place on Saturday, June 13, 1992.
The event has been expanded county wide for this year.
I1ayor Nader has been invited to deliver a welcoming speech
and has consented to have a proclamation issued for the event.
Attendance is free of charge.
No financial contribution is requested from the city
or other endorsers of the picnic. Nor will any be accepted.
All manpower and funds will be provided by members of the
Baha'i Community of Chula Vista.
Your endorsement is for the purpose of the picnic
in the second paragraph of the attached letter which has
been sent to 293 organizations in San Diego County. Your
endorsement will not be represented to others as an endorsement
of the Baha'i Faith or the public statement called
"The vision of Race Unity--America's Most Challenging
Issue".
The Chula Vista City Attorney, Bruce M. Boogaard,
has granted permission to attach his letter of advice
to the Chula Vista Human Relations Commission stating:
"that the City may endorse the concept of Race unity
and the purpose behind the picnic without running afoul
of the separation of church and state rule."
"
WRlnEN COMMUNICA "tIQNSny submitted,
e:~l1 (LI) r1pIMT~~
~ t1 ~ Baha'i Race unity Committee
/.7 Z ~ rL _j Tom Galloway, Chairman
() ;, U~.; "'\ ~ ...:; 17 ~
SPIRITUAL ASSEMBLY OF THE BAHA'IS OF CHULA VISTA
P.O. Box 287
Chula Vista, CA 91912
RACE UNITY PICNIC
The Baha'is of Chula Vista request your endorsement of and attendance at the
Annual Race Unity Picnic.
The purpose of this picnic is to demonstrate the oneness of mankind by living out
the unity of the races in a public way. Action, not words, is the keynote -- not hollow
phrases, but deeds of brotherly love and fellowship.
The picnic will be held on Saturday, June 13, 1992, from 11:00 a.m. to 4:00 p.m.,
at Eucalyptus Park (formerly Gen. Roca Park) on the corner of 4th Avenue and C Street
in Chula Vista, near the border with National City. Four gazebos are reserved and
attendance is free of charge. Please bring your own food and other picnic needs. A
children's playground is right next to the gazebos. There may also be a remote radio
broadcast at the picnic.
To answer some of your questions about the Baha'i Faith and how it stands in the
issue of racism, we have enclosed a recent public statement called "The Vision of Race
Unity - America's Most Challenging Issue." Although we hope the statement will be
received with interest, we are not asking you to endorse it, or to make any financial
contribution. Your participation and endorsement are for the picnic and its pUl:pose as
noted above. The name of your group will be listed with others, many of which
participate with us in Martin Luther King, Jr. birthday observances, Earth Day, the Peace
Essay Contest, and the Peace Resource Center of San Diego.
Please R.S.V.P. by mail or by phone at (619) 421-1439 Monday through Friday
(between 3:00 p.m. and 5:00 p.m. only, please).
This year will mark the 35th observance of Race Unity Day, celebrated by many
organizations nationwide. The positive example we together set for our community can
go a long way toward restoring respect for human dignity. To ignore the problem of
racism is to expose the country to real danger. No true change will come about without
close association, fellowship and friendship among diverse peoples - unity in diversity.
We are looking forward to seeing you there.
:k--ffi~/
Chairman
Race Unity Committee
LJJ...o-'7'157
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May 15, 1992
To:
Patty Wesp, Secy. to Mayor and Council
Bruce M., Booqaard, City Attorney ~
From:
In response to your request for advice regarding the request of the
Baha'is of Chula Vista for a sponsorship of the annual Race Unity
Picnic, please be advised as follows:
1. city must remain "religious neutral" with regard to any
activity it sponsors or endorses. That is to say that the
City can neither advance one religion over the other or show
a preference for one religion over the other or discriminate
against one religion over another or encourage people to be
religious as opposed to not being religious.
In line with that instruction, the City should not sponsor an
activity which does any of the foregoing.
For the same reason that the City cannot conduct and does not
conduct a prayer at the beginning of its Council meetings, it
cannot sponsor or endorse religious activities. I have advised Mr.
Galloway of the Spiritual Assembly of the Baha'is of Chula Vista
that if they want the City's sponsorship of the Race Unity Picnic,
the activity should not contain religious references such as
prayers, religious symbols or religious songs.
There is a significant difference between sponsorship and
endorsement. Sponsorship sugges~s that there is a financial
backing of the activity, an~ in th~case I am told that there is no
such financial backing by the city. To some extent then the use of
the word "City sponsorship" would be misleading and inappropriate
to use. I advised Mr. Galloway that the City may endorse the
concept of Race Unity and the purpose behind the picnic without
running afoul of the separation of church and state rule.
He asked me to provide you with my advice in this regard and to
tell him that he should still like it scheduled betore the Human
Relations Commissions. Please accommodate his request in this
request.
BMB:lgk
C:\k\bIba'is
5b"';S
ORDINANCE NO. :t~)Y
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AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
THE ZONING MAP OF EAST LAKE I I PLANNED COMMUNITY
DISTRICT FOR PARCELS R-24 AND R-25 CONSISTING OF
APPROXIMATELY 5.0 ACRES AND 7.4 ACRES LOCATED
WITHIN THE EAST LAKE GREENS SECTIONAL PLANNING
AREA PLAN (PCM-92-03)
WHEREAS, a duly verified application for an amendment to the EastLake
II Pl anned Communi ty Di stri ct Zone was fil ed wi th the Pl anni ng Department of
the City of Chula Vista by the EastLake Development Company on August 8, 1991,
and,
. WHEREAS, said application requested an amendment to the Planned
Community.District Zone Regulations and Land Use District Map to zone Parcels
R-24 and R-25 to Residential Condominium 10 and to add the Residential
Condominium 10 land use district to the EastLake II Planned Community District
Regulations, and
WHEREAS, the City Council has previously adopted PCM-87-7, General
Development Plan for EastLake II, setting forth the precise land uses and plan
diagram for the project, and
WHEREAS, the Environmental Review Coordinator has examined the
proposed amendment and on March 25, 1992, the Planning Commission certified
Negative Declaration (IS-92-04) finding that said amendment will have no
significant impact on the environment in compliance with Section 15070 of the
State California Environmental Quality Act Guidelines, and
WHEREAS, the Planning Commission held a duly advertised public
hearing on said amendment on March 25, 1992, and at the conclusion of said
hearing recommended approval of the proposed amendment by unanimous vote, and
WHEREAS, the City Council set the time and place for a public
hearing, together with the purpose, was given by the publication in a
newspaper of general circulation in the City and its meeting to property
owners within 500 feet of the exterior boundaries of the properties (R-24 and
R-25) at least ten (10) days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised,
namely 4:00 p.m. on May 5, 1992, in the Council Chambers, 276 Fourth Avenue,
before the City Council and said hearing was thereafter closed, and
WHEREAS, the Council finds that in accordance with the attached
Negative Declaration, IS-92-04 and the findings therein, the proposed zoning
amendment will not have a significant effect on the environment, and the City
Council hereby certifies that the Negative Declaration was prepared in
accordance with the California Environmental Quality Act of 1970, as amended,
and
,-I
\.
Item Ji!f'" 6
Meeting Date S~ f~~>- .
ITEM TITLE: Public Hearing: PCM-92-03, Request to Amend the EastLake II
General Development Plan, EastLake Greens SPA Plan and
EastLake I (Expansion) Planned District Regulations; EastLake
Development Company
a) Resolution Iv""'~ Amending the EastLake II General
Development Plan
b) Resolution 1l#j,~1 Amending the EastLake Greens SPA Plan
c) Or inance ~~/1.f Amending the EastL~~ j1'OO~~~~siOn)
p, anned District Regulations R~O\NG
SUBMITTED BY tJilr .of Pl ann i ng $'i.CONO
'i:>~" WI~
REVIEWED BY: C ty Managet9 (4/5ths Vote: Yes-"o_x_J
This item includes amendments to the EastLake II General Development Plan,
East Lake Greens Sectional Planning Area Plan, and the EastLake I (Expansion)
Planned District Regulations to allow the transfer of 69 previously approved
dwelling units with the EastLake Greens project. The proposed transfer would
decrease the density on six parcels and increase the density on two parcels.
The total number of dwelling units within EastLake Greens would remain the
same (2,774 du's) as previously approved by the City Council in 1989.
RECOMMENDATION: That Council:
1. Adopt the attached resolution amending the EastLake II General
Development Plan; and
2. Adopt the attached resolution amending the EastLake Greens Sectional
Planning Area Plan; and
3. Adopt the attached ordinance amending the EastLake I (Expansion) Planned
Community District Regulations.
BOARDS/COMMISSIONS RECOMMENDATION: On March 25, 1992, the Planning
Commission recommended approval of the amendments to the EastLake II General
Development Plan, the EastLake Greens Sectional Planning Area Plan, and the
EastLake I (Expansion) Planned Community District Regulations (6-0). The
Commission deleted any reference to Parcels R-27 and R-28 from the Negative
Declaration IS-92-04. On May 11, 1992, the Resource Conservation Commission
failed to adopt Negative Declaration IS-92-04 by a vote of 3 in favor, 1
opposed, and 2 absent. NOTE: A majority vote of the entire 7-board
membership is required for a positive vote. The "no" vote by member
Ghougassian was based on a lack of assurance that condominiums or townhouses
would be built and not on CEQA concerns.
COUNCIL AGENDA STATEMENT
.
:.
~ ;,,/
DISCUSSION:
Page 2, Item ~ " "",,1.
Meeting Date ~ 12 --?..I40~'"
~
This a request from the Eastlake Development Company to transfer 69 dwelling
units within the Eastlake Greens project. The Eastlake Greens SPA Plan allows
for the transfer of dwelling units from one residential category to another
within the SPA Plan. In addition to, the SPA Plan, the clustering policy of
the General Plan (Section 6.3) is also applicable to this request.
The clustering policy in the General Plan limits clustered projects to a
maximum of 10 du/ac on any parcel designated low Medium Residential. It is
clear that the Eastlake Greens project is a "clustered" project within the low
Medium land use category. because there is a mixture of open space (golf
course) and higher densities scattered throughout the project. The proposed
transfer of dwelling units would comply with this policy.
The Eastlake Greens SPA Plan and the Eastlake II General Development Plan
currently designates R-24 and R-25 as low Medium. This is proposed to be
changed to Medium Residential. The Planned Community District Regulations
would also change to Residential Condominium 10.
Parcel R-24 is a 5-acre site located across the street from the community park
at the intersection of Eastlake Parkway (4 lanes - 100' R/W) and Greensgate
Drive (4 lanes - 100' RjW). The other abutting street is Greensview Drive
which. is a 2-lane (68' RjW) loop street linking together the various
residential neighborhoods with the Eastlake Greens project. ~
The parcel to the south of Parcel R-24 is Parcel R-14 which is planned for
single-family detached development consisting of 84 homes on 11.4 acres (7.4
du/ac). Single-family homes are also being constructed on R-5 to the east.
Parcel R-19 is located to the north and is planned for attached townhomes at
10.6 du/ac.
All of the required public facilities and improvements (streets, utilities,
etc.) have been installed to serve Parcel R-24. The community park and Phase
I of the new Eastlake High School are also under construction.
Parcel R-25 is located on Eastlake Parkway and Clubhouse Drive, directly to
the east of the Eastlake High School Parcel. Parcel R-25 is 7.4 acres in size
and is proposed to be changed from 4.5 du/ac to 10 du/ac. The corresponding
amendments to the Eastlake II General Development Plan (Medium Residential)
and PC District Regulations (Residential Condominium 10) are companion parts
of the proposal.
Parcel R-25 is bordered by a planned elementary school site (10.0 acres) to
the south, the Eastlake High School to the west (49.2 acres), Parcel R-14
(single-family detached '7.4 du/ac) to the north and single-family attached
(7.6 du/ac) to the east. Parcel R-25 is graded and fully improved with
streets and utilities.
.-..,
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WHEREAS, from the facts presented to the City Council, the Council
has determined that said amendment is consistent with the City of Chula Vita
General Plan and that public necessity, convenience, general welfare and good
zoning practice support adoption of the amendment to the EastLake II Planned
Community District Regulations and Land Use District Map.
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That the zoning map or maps established by Section
19.18.010 of the Chula Vista Municipal Code be hereby amended by adding
thereto the following amendment:
That that certain property consisting of 12.4 acres located between
EastLake Parkway and Greensview Drive as described on the EastLake II
Land Use District Map (Parcels R-24 and R-25) Exhibit D in PCM-92-03
be, and the same is hereby zoned to the Residential Condominium 10
land use district together with the addition of the Residential
Condominium 10 land use district to the EastLake II Planned Community
District Regulations as set forth in Exhibit D in PCM-92-03.
SECTION II: This ordinance shall take effect and be in full force on
the 30th day from and after its passage and approval.
Presented by
a~to f rm :0
ruce M. Boogaard, ity Attorney
Robert A. Leiter, Director of Planning
WPC 0239p
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Page 3, Item~ ~ ~ 1.
Meeting Date~~,,~/,~
Both Parcel s R-24 and R-25 have partial views of Holes 7 and 17 of the
EastLake Greens golf course and are well located for medium density cluster
development. Each parcel will be subject to site plan and design review by
the Design Review Conmittee.The proposed medium density is compatible with
the surrounding uses, both existing and proposed.
The certified Environmental Impact Report for EastLake 11 General Development
Plan and the EastLake Green SPA Plan (Case No. EIR-B6-4 and State
Clearinghouse Number 86052803) evaluated the impacts of a much higher density
for these parcels. R-24 was originally proposed for a density of 21.9 du/ac
(110 du) and R-25 was originally proposed for a density of 22.0 du/ac (163
du's). During the City review of the EastLake Greens SPA Plan, the EastLake
Development Company reduced the density to 4.5 du/ac for these two parcels.
Therefore, the previously certified EIR cited above evaluated the impacts of
densities greater than the current proposal. An addendum (Negative
Declaration) to the previously certified ElR has been issued by the City's
Environmental Review Coordinator for this proposed amendment stating that the
proposed amendment wou1d not have a significant impact on the environment.
The proposed transfer of 69 units (R-24 + 28 and R-25 + 41) from Parcels R-2
(-3), R-8 (-3), R-9 (-6), R-13 (-7), R-17 (-29) and R-19 (-21) would improve
the EastLake Greens SPA Plan by providing a more balanced land use plan for
these two parcels which are located within the transition zone between the
EastLake Parkway Activity Corridor and the single-family neighborhoods around
the golf course. Each of these parcels (R-24 and R-25) is well served (3
sides) with street access which will promote design flexibility and good site
plan opportunities for a clustered project design. Each parcel will be
reviewed by the Design Review Committee to ensure that on-site open
space/recreational facilities are provided to qualify as clustered projects.
The attached Exhibit A (prepared by EastLake Development Company) describes
the number of transferred units, the affected parcels, and the reason for the
69 excess units. The attached Site Util ization Map (Exhibit A-I) shows the
location of each of the affected parcels.
The attached Negative Declaration was prepared on the original application
filed by the EastLake Development {;ompany on August 8, 1991, which included
two additional parcels (R-27 and R-28). Subsequently, the application was
amended by EastLake Development Company to delete Parcels R-27 and R-28 and an
addendum to the Negative Declaration was issued by the Environmental Review
Coordinator declaring that Parcels R-27 and R-28 had been dropped from the
proposal. The attached Negative Declaration is valid with the clarifying
addendum explaining the sequence of events. Parcels R-27 and R-28 are
presently undergoing further review by EastLake Development Company and staff
regarding certain General Plan questions. When these questions are resolved,
these parcels will be processed in accordance with normal procedures.
FISCAL IMPACT: None
. WPC 0244p
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THIS PAGE BlANK
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,
.-.
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rl' ~.-:'1
:.
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-
Ie
'~ao
.~
Z>~
~O/,
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING I'Jtq ;qjl,
THE ZONING MAP OF EASTLAKE II PLANNED COMMUNITY "'Z)
DISTRICT FOR PARCELS R-24 AND R-25 CONSISTING OF. ;qoo
APPROXIMATEL Y 5.0 ACRES AND 7.4 ACRES LOCATED ~);
WITHIN THE EAST LAKE GREENS SECTIONAL PLANNING IO~
AREA PLAN (PCH-92-03)
ORDINANCE NO. ~t;14
WHEREAS, a duly verified application for an amendment to the EastLake
II Planned Community District Zone was filed with the Planning Department of
the City of Chula Vista by the EastLake Development Company on August 8, 1991,
and,
. WHEREAS, said application requested an amendment to the Planned
Community'District Zone Regulations and Land Use District Hap to zone Parcels
. R-24 and R-25 to Residential Condominium 10 and to add the Residential
Condomini~m 10 land use district to the EastLake II Planned Community District
Regulations, and.
WHEREAS, the City Council has previously adopted PCH-87-7, General
Development Plan for EastLake II, setting forth the precise land uses and plan
diagram for the project, and '
WHEREAS, the Environmental Review Coordinator has examined the
proposed amendment and on Harch 25, 1992, the Planning Commission certified
Negative Declaration (IS-92-04) finding that said amendment will have no
significant impact on the environment in compliance with Section 15070 of the
State California Environmental Quality Act Guidelines; and
WHEREAS, the Planning Commission held a duly advertised public
hearing on said amendment on Harch 25, 1992, and at the conclusion of said
hearing recommended approval of the proposed amendment by unanimous vote, and
WHEREAS, the City Council set the time and place for a public
hearing, together with the purpose, was given by the publication in a
newspaper of general circulation in the City and its meeting to property
owners within 500 feet of the exterior boundaries of the properties (R-24 and
R-25) at least ten (10) days prior to the hearing, and
WHEREAS, the hearing was held at the time and place as advertised,
namely 4:00 p.m. on Hay 5, 1992, in the Council Chambers, 276 Fourth Avenue,
before the City Council and said hearing was thereafter closed, and
WHEREAS, the Council finds that in accordance with the attached
~e9ative Declaration, IS-92-04 and the findings therein, the proposed zoning
amendment will not have a significant effect on the environment, and the City
Council hereby certifies that the Negative Declaration was prepared in
accordance with the California Environmental Quality Act of 1970, as amended,
and
~ " ...r
WHEREAS, from the facts presented to the City Council, the Council
has determined that said amendment is consistent with the City of Chula Vita
General Plan and that public necessity, convenience, general welfare and good ~
zoning practice support adoption of the amendment to the EastLake II Planned
Community District Regulations and Land Use District Map.
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That the zoning map or maps established by Section
19.18.010 of the. Chula Vista Municipal Code be hereby amended by adding
thereto the following amendment:
That that certain property consisting of 12.4 acres located between
EastLake Parkway and Greensview Drive as described on the EastLake II
Land Use District Map (Parcels R-24 and R-25) Exhibit D in PCM-92-03
be, and the same is hereby zoned to the Residential Condominium 10
land use district together with the addition of the Residential
Condominium 10 land use district to the EastLake II Planned Community
District Regulations as set forth in Exhibit D in PCM-92-03.
SECTION II: This ordinance shall take effect and be in full force on
the 30th day from and after its passage and approval.
Presented by
:0
Robert A. Leiter, Director of Planning
-"
WPC 0239p
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COUNCIL AGENDA STATEMENT
ITEM
7
ITEM TITLE:
.757t.
Ordinance - Adopting the
Edition and the Appendix
MEETING DATE OS/26/92
Uniform Fire Code, 1991
and Standards Thereto
SUBMITTED BY:
Fire
Chief ~,JL-
Manager..)b ~@1
REVIEWED BY:
City
At their meeting of May 11, 1992, the Board of Appeals and Advisors
recommended adoption of the Uniform Fire Code, 1991 Edition and the
Appendix and Standards, which would replace the 1988 Uniform Fire
Code, adopted by Council action on 11/15/89.
From the facts presented to the Board of Appeals and Advisors, the
Board finds that public necessity, safety, convenience and general
welfare require that the Uni form Fire Code, 1991 Edition, be
adopted by the City Council as the ordinance regulating fire and
life safety in the City.
RECOMMENDATIONS:
Uniform Fire Code
in the City.
That Council adopt the 1991 Edition of the
as the ordinance regulating fire and life safety
BOARD OF APPEALS AND ADVISORS RECOMMENDATION:
adoption.
Recommends
DISCUSSION:
The 1991 Edition of the Uniform Fire Code shows improvement over
the 1988 Edition. Language and clarificatidn have been stressed.
Three major amendments have been added. They deal with overspill
containment on flammable liquid tanks, permitting certain above
ground flammable liquid tanks and regulating storage of empty
wooden or plastic pallets. These changes are reflected in Sections
15.36.120, 15.36.130 & 15.36.150.
Additional editorial changes have been made for ease of reading by
the general public. Other proposed amendments are those that have
been approved by City Council over the past seven years.
FISCAL IMPACT:
None
7-1 /7-1.
XNTERDEPARTMENTAL CORRESPONDENCE
DATE:
May 26, 1992
FROM:
Honorable Mayor and City Council
John D. GOSS, City Manage~
. t /1.. t f'
Lyman Chr~s opher, D~rec or 0 F~nance
TO:
VXA:
SUBJECT:
XTEM 8 - CONFXDENTXALXTY AGREEMENT WXTH LAXDLAW
WASTE SYSTEMS
staff are requesting that the above item on tonight's agenda be
pulled so that staff can do some further research and reschedule
the item for next week, June 2.
LC/eb
8-/
COUNCIL AGENDA STATEMENT
ITEM TITlE:
Item-L
Meeting Date 5/26/92
Resolution 1'/':1'1 Authorizing the purchase of two Police
Patrol Sedans via a cooperative bid
Director of Finance ~
City Managerjb. ~@1
(4/5ths Vote: Yes___No-X-)
SUBMITTED BY:
REVIEWED BY:
Two Police patrol sedans were damaged beyond repair and need to be replaced.
Municipal Code Section 2.56.270 authorizes the City to participate in a
cooperative bid with other governmental agencies. The City is able to
participate in the County of San Bernardino Bid No. W-42 for this purchase.
RECOMMENDATION: That Council authorize the purchase from Mill's Ford.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Two Police patrol sedans were wrecked on October 23, 1991 when involved in a
chase. Both vehicles were damaged beyond repair and declared a total loss.
One patrol car was involved in a collision with a private party and the
insurance carrier for that vehicle reimbursed the City $16,617.50 for the
vehicle. The other patrol car was not involved with a vehicle and the
Equipment Maintenance Division has decided to cannibal ize the sedan and use
the parts to repair the patrol sedans in service where possible.
Mi 11 s Ford, Anaheim, Cal iforni a, has been awarded the San Bernardi no County
contract for Sheriff patrol sedans at a base price of $11,930.15 each for the
1992 Ford Crown Victoria, which is the make preferred by the Chula Vista
Pol ice Department. With the addition of power seats, power door locks and
anti-lock brake systems required by Chula Vista Police Department, the unit
cost is $12,959.15 each. The Police Department has reviewed the
specifications and finds them acceptable for their operation.
FISCAL IMPACT: Sufficient funds are provided for in the Emergency Equipment
Replacement fund for the purchase of the two sedans. The total cost is
$27,926.97 (including sales tax) with $16,617.50 of the funding being derived
from the above mentioned insurance proceeds.
WPC 0310U
9-1
RESOLUTION NO. J"~:JtJ
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE OF TWO
POLICE PATROL SEDANS VIA A COOPERATIVE BID
WHEREAS, two Police patrol sedans were damaged beyond
repair and need to be replaced; and
WHEREAS, Chula vista Municipal Code section 2.56.270
authorizes the city to participate in a cooperative bid with other
governmental agencies; and
WHEREAS, Mills Ford, Anaheim, California has been awarded
the San Bernardino county contract for Sheriff patrol sedans at a
base price of $11,930.15 each for the 1992 Ford Crown victoria,
which is the make preferred by he Chula vista Police Department;
and
WHEREAS, with the addition of power seats, power
door locks and anti-lock brake system required by the Chula vista
Police Department, the unit cost is $12,959.15 each; and
WHEREAS, the Police Department has reviewed the
specifications and finds them acceptable for their operation; and
WHEREAS, sufficient funds are provided for in the
Emergency Equipment Replacement Fund for the purchase of the two
sedans.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby authorize the purchase of two
Police Patrol Sedans via the County of San Bernardino Bid No. W-42
for a total cost of $27,926.97.
Lyman Christopher, Director of
Finance
.:!Jlto
Bruce M.
Attorney
Presented by
C:\rs\patrol sedans
9... 3
COUNCIL AGENDA STATEMENT
ITEM TITI.E:
Item I III
Meeting Date sru;m
Resolution Itt ~proving American Golf Corporation's Request to
Sublease the Golf Course Restaurant and Bar to Prestige Hospitality Services
SUBMITTED BY: Director of Parks and Recreatio~
REVIEWED BY: City Manager.,J(; ~,@1 (4/Stbs Vote: Yes_No X)
American Golf Corporation (AGC) has requested permission to sublease the Golf Course Restaurant
and Bar operation to Mr. Chris Campion, President, Prestige Hospitality Services Company (PHS);
in accordance with paragraph #17, Assignment/Subleases, of the Agreement between AGC and the
City of Chula Vista for the operation of the Golf Course Restaurant and Bar facility.
RECOMMENDATION: That the City Council approve the request of AGe to sublease the
restaurant and bar operation to Prestige Hospitality Services.
BOARDS/COMMISSIONS RECOMMENDATION: At its April 16, 1992 meeting the Parks
and Recreation Commission voted 4-1 to approve the proposed sublease. Commissioner Roland
voted in opposition and Commissioners Carpenter and Willett were not in attendance. Draft minutes
of this meeting are attached hereto.
BACKGROUND: American Golf Corporation entered into an agreement with the City to operate
and maintain the Chula Vista Municipal Golf Course on November I, 1984. On April 27, 1985,
American Golf signed an interim agreement to operate the restaurant and bar facility when the
previous operator defaulted on their lease agreement. The interim agreement was for ninety (90)
days and at the conclusion of this period, the lease ran on a month-by-month basis. A long term
agreement was negotiated and approved by the Council on July 10, 1986. The long term agreement
provided for an initial ten (10) year term, followed by two additional ten (10) year options. In
conjunction with the long term agreement, the Golf Course Lease Agreement was amended to
coincide with the restaurant and bar facility's thirty (30) year agreement (Attachment A).
DISCUSSION: The operation of the restaurant and bar facility by American Golf never developed
to the level of a successful business venture. Despite several management changes and marketing
promotions, the amount of walk-in patrons to support a full operation restaurant never materialized.
The overhead costs required to operate the walk-in restaurant was a financial burden on American
Golf. These losses were underwritten by the bar receipts and the catering and banquet services. In
August 1991, a full service restaurant was curtailed. American Golf has continued to provide limited
service in the Golfer's Lounge, bar service and the full service banquet business.
Prestige Hospitality Services contacted American Golf and expressed interest in assuming the
operation of the restaurant and bar facility, plus operate a catering service with specialty promotions
to attract clientele. Prestige has operated the Officer's Club at the Coronado Air Station for the last
five years. A detail pro forma plan was submitted to American Golf, outlining their proposed
operation (Attachment B). lI.r $4,,~~e6
[lImergolf]
1
/d'!
Item / VI
Meeting Date 5f26fCJ2
Prestige's program includes an aggressive marketing plan to attract new patrons for banquet,
conferences and special "a la carte" events, open to the general public. Special events planned
include Friday Night Big Band Dinners, dances, and Sunday Champagne Jazz brunches. In addition,
Prestige would continue the operation of the existing services for the golfer and the general public
in the Golfer's Lounge, Fairway Room and Snack Bar. Kevin Roberts, American Golfs Senior Vice
President of Operations reviewed the operating plan and recommended to the American Golf
Corporate Board of Directors an acceptance of Prestige Hospitality Services' proposal. American
Golf approved the proposal and negotiated a sublease agreement with Prestige Hospitality, Inc.
(Attachment "C").
The highlights of the Sublease Agreement are:
a. Section 7 - Term PHS will assume the remaining term of AGC's first ten (10) year period
which ends on June 30, 1996. PHS will have the option to sublease for two additional ten
(10) years. Language has been included in this section which protects the City from any
relocation, indemnification cost in case the City invokes an early termination of the lease
agreement with AGC to develop the property for other purposes.
b. Section 8 - Rent PHS is obligated to the same rental terms of the original lease, with the
minimum monthly rent adjusted periodically as called for in the original agreement. Payment
will be made to AGC, who in turn is responsible for minimum payments percentage of
monthly gross sales to the City.
c. Section 12 - Maintenance and Reoairs PHS will be responsible to maintain premises and
personal property used in good working order and repair.
d. Section 17 - Staff PHS will consider the employment and placement of existing AGC twenty-
seven (27) employees.
e. Section 26 - Caoital Imorovements PHS has a proposed Capital Improvement list. Prior
approval of projects must be obtained from AGC and the City (Attachment "D").
Community Development and the City Attorney's office have reviewed the sublease agreement and
concur with the specific language necessary to protect the City from any liability, relocation costs or
goodwill value benefits upon early termination. NOTE: As this item has already gone to print,
additional language has been added to the sublease agreement and will be explained at the Council
meeting (See attached memorandum from the City Attorney to American Golf, dated May 22, 1992).
FISCAL IMPACT: None. American Golf will continue to be obligated to pay the minimum rental
rate or a percentage of gross sales whichever is greater as per current contract.
[amergolf]
2
//J..2.
From the Office of the city Attorney
city of Chula vista
Memorandum
From:
May 22, 1992
Bruce M. Boogaard, City Attorney
voice Phone: 691-5037
Telecopier: 691-5214
To: Donna Tanaka, Paralegal, American Golf
1633 26th street
Santa Monica, CA 90404
Voice Phone: 310 315 4200, Ext 356
Date:
cc: Jess Valenzuels
chris Salomone
Cheryl Dye
Via: (X ) Telecopier, No. 310 829 5186
Confirm at: ( ) Voice Phone or
( ) Mail
( ) Inter Office Mail
Re: Prestige Sublease
Please consider the following comments and alternative language for
section 7 of your sublease with Prestige. I consider the comments
in the footnotes to be for your benefit, but the markings to the
text would be for both American Golf's and the city's benefit and
are accordingly more important to us:
" 7. Term. The term of this Sublease ("Term") shall
commence on the Effective Date. Unless otherwise extended or
terminated earlier as provided below or pursuant to the Lease,
the Sublease Term shall end June 30, 1996.
(a) Pursuant to the terms of section 4(A) of the
Lease, Lessee has the option to extend the term of the Lease
for two periods of ten years each (the "option" or collective-
ly, the "options"). The parties acknowledge and understandV
that these "options" pass through unencumbered to the benefit
1. "Acknowledging and understanding-II is not a promise to act.
amgolf3.wp
May 22, 1992
Proposed Revisions in Sublease
Page 1
/p..j
of sublessee provided that Sublessee is not in breach or
default of this Sublease or the underlying LeaseY and
provided that Sublessor intends~ to exercise its option
under the Lease.Y It is acknowledged that Lessee must give
Lessor notice of its intention to exercise the option no later
than 180 days prior to the expiration of the Lease term then
in effect. Therefore, Sublessee must deliver its written
notice to Sublessor no later than 210 days prior to the
expiration of the Term of this Sublease then in effect of
Sublessee's desire to extend the sublease Term for the option
period, and in such event Sublessor agrees to exercise or not
to exercise the Option without delay.~ Nothing contained in
2. As of what time? Ever? Time of exercise?
3. "Intends" is a state of mind which may be difficult to prove.
It is ambiguous as to when the state of mind must occur.
4. This sentence may introduce an ambiguity because it appears to
give the right of the sublessee to the option periods at the
beginning of the sentence, but at the end of the sentence, makes it
totally discretionary with the sublessor. Language which I think
may eliminate some of the ambiguity would be as follows:
"On the condition that Sublessor exercises either or both of
the options, a decision which is within the sole and unfet-
tered discretion of Sublessor and which he is not bound to the
Sublessee to make in Sublessee I s favor by any express or
implicit terms of this Agreement, and Sublessee is not in
breach or default of the Sublease at the time of exercise, the
term of this Sublease shall be extended by the same period of
time that the Lease is extended."
However, this is their call, and not a matter of substantial
concern to the city.
5. By this sentence, I think the parties mean to say:
On the condition that TheFefeFe,Sublessee ~ deliverg ~
written notice to Sublessor no later than 210 days prior to
the expiration of the Term of this Sublease then in effect of
Sublessee I s desire te el[tefla that the e~ublease Term "
extended for the entire term of the next relevant option
period, afla ifl sash eyefltSublessor agrees to consider ex-
tendina the term of the Sublease by the extension of the term
of the Lease. and to make a decision within 30 days. in its
sole and unfettered discretion and as to which the Sublessor
owes no duty to Sublessee exoresslY or imolicitlv. as to
(continued. . .)
amgolf3.wp
May 22, 1992
proposed Revisions in Sublease
page 2
/J1..y
this section shall ~ construeg to require Sublessor to pass
through the options unencumbered to Sublessee for anv reason
whatsoever. and especiallv if Sublessee is in default or
breach of any of its obligations under the Sublease or the
Lease. Subject to arbitration,~ Sublessor shall be the sole
judge of what constitutes a breach or a default. In the event
that sublessee is in breach or default, Sublessor may still
elect to exercise its option, and such exercise shall not
waive sublessee's breach or default or any rights or remedies
of Sublessor under the Sublease or the underlying Lease. In
the event that Sublessor does not exercise its option with the
City under the Lease: (1) Sublessor shall have no liability
to Sublessee whatsoever; and (2) nothing in this section shall
be construed to prohibit Sublessee from entering negotiations
directly with the City for a new Lease for the Premises.
(b) If Sublessor has not received from Sublessee written
notice of Sublessee's desire to extend the Sublease Term in
accordance with Section 7(a) above, then the Sublease Term
shall be deemed terminated effective June 30, 1996.
(c) The parties acknowledge and understand that Section
21 B of the Lease provides that city has the right to cause an
early termination of the Lease in the event the Premises are
required for construction of public streets or drainage
facilities for the Sweetwater River Flood Plain. In the event
of such early termination Sublessor agrees to give Sublessee
the same six (6) months written notice city is required to
give Sublessor under Section 21B of the Lease.
(d) The parties acknowledge and understand that city is
presently negotiating with third parties (including Sublessor)
for redevelopment of the Premises or propertv in the vicinitv
of the Premises, as a hotel/convention center/ golf complex
("Project") and if that proiect fails. that the citv will. in
5. (...continued)
whether the Sublessor will or will not exercise er Ret te
ellereise the Option l;ithelit aelay. If Lessee extends the term
of the Lease. unless the parties aaree in writina to the
contrarv. the term of this Sublease shall be extended for the
term the Lease is extended bv the exercise of the option. and
Sublessee aarees to abide bv the terms of this Sublease
throuahout the extended term of the Lease.
6. If the decision to exercise the Option is solely discretionary
with the Sublessor, why would the decision, if based on the breach
or default status of the SUblessee, need to be subject to arbitra-
tion?
amgolf3.wp
May 22, 1992
proposed Revisions in Sublease
Page 3
I~.,f
.
all liklihood. neaotiate with third oarties (includina
Sublessorl for some other develooment of the Premises or the
orooertv in the vicinity of the Premises. On the condition
th~t city reaches an aareement ("Citv Develooemnt Aareement"l
for the redevelooment of the Premises or the orooertv in the
immediate vicinity of the Premises. either for the Pro;ect or
for some other develooment. this Sublease shall automaticallY
terminate bv the orovisions of this Section orior to the
exoiration of the normal Term. or any extension thereof. 180
days after Sublessee receives written notice from either the
Sublessor or city. or its Redevelooment Aaencv. that such city
Develooment Aareement for develooment has been reached. and
that this section's automatic termination orovisions become
ooerational. Euseeq~eR~ ~e early ~e~iRa~ieR He~ifiea~ieft,
Sublessee hereby waives any objection, claim. cause of action.
entitlement or oermit that Sublessee may have ~ aaainst the
City or its Redevelopment Agency proceeding with and imple-
menting the Project or other develooment. SoecificallY.
Sublessee... and any successor to Sublessee I s interest under
this Sublease... hereby waive~ any claim against city or its
Redevelopment Agency for any relocation benefits under the
California relocation laws or under similar local, state, or
federal laws, and any claim for goodwill value of their
business in any eminent domain proceeding or other proceed-
ings, and any right which they may have to participate in the
Project. The paL'tiee aeltRS\;lcaEJe aRS1:lHaerst.aRs t.ha~ Rst?,:ith
at.aREliREJ ~Re Term af t.his ~aslcase as pra~iEieel in ~hi5 Eeet.ieR
7, iR t.he eveRt. cit.y BY it.51 RcElevelepmcRt ^geRSY preeeeEis \lith
the Prejeet, theft thia Caeleaoe shall se ~ermiRat.ed effeet.ive
JQ days prier te the eemmeRsemcRt. af eSRstraet.ieR vit.a respeet
~e ~Re Prejee~. In the event of any early termination of this
Sublease pursuant to subparagraph (c) or subparagraph (d) of
this Section 7, Sublessee shall have no rights or remedies as
against city or sublessor including any right to recover
damages, losses, costs, or other compensation as a result of
such early termination. The riahts and orivileaes of this
Aareement run to. and are for the benefit of. both the Subles-
sor and the Lessor. city. and its Redevelooment Aaency. Thus
the city and its Redevelopment Aaencv shall be considered as
Third Party Beneficiaries of the orovisions of this Aaree-
ment."
Please call if you have any questions. If it is acceptable, we
will place the changes before the Council on Tuesday Night.
amgolf3.wp
May 22, 1992
Proposed Revisions in Sublease
Page 4
Ill'" / /()...BtJ
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"
Attachment A 7/16(86
.,
I. '1
LEASE AGREEMENT WITH AMERICAN GOLF CORPORATION, A
CALIFORNIA CORPORATION, AND THE CITY OF CHULA VISTA FOR
THE MAINTENANCE AND OPERATION OF THE RESTAURANT AND BAR
PREMISES AT THE CHULA VISTA MUNICIPAL GOLF COURSE
THIS AGREEMENT, made and entered into this 1st day
of July , 1986, by and between THE CITY OF CHULA
VISTA, a municipal corporation, hereinafter called "Lessor", and
AMERICAN GOLF CORPORATION, a California corporation, her.einafter
called "Lessee";
W.!.Tl!ESe~THl.
WHEREAS, the City of Chula Vista entered into an interim
lease agreement with American Golf Corporation on April 27, 1985
for the operation and maintenance of the restaurant facility
located at the Chula Vista Municipal Golf Course, and
WHEREAS, the City of Chula Vista sought and received
proposals from qualified operators for a long term lease of the
restaurant facility, and
(
WHEREAS, the City of Chula Vista reviewed three
proposals and determined that American Golf Corporation I s
proposal was the most beneficial for the City, and
WHEREAS, the City Council desires to maintain the
operation of the restaurant and bar in an efficient and
profitable manner for the benefit of the City's residents, and
WHEREAS, this Agreement supercedes the Interim Agreement
of April 27, 1985 and memorializes the entire Agreement between
the parties relating to the operation of the restaurant and bar.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by
and between the parties hereto as follows:
1. LEASE PREMISES. For and in consideration of the
rent hereinafter specified and all of the covenants, conditions
and agreements hereinafter set forth, Lessor agrees to lease to
Lessee and Lessee agrees to lease from Lessor (hereinafter the
premises described below and as set forth on Exhibit "A" attached
hereto, including any appurtenances thereto, shall be referred to
as the "Leased Premises"):
A. Those certain premises which include a restaurant,
bar, golfer's lounge and banquet facilities.
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B. The Leased Premises also include a parking lot, the
undivided use of which is shared with the golf professionals'
shop and the golf course, the grounds immediately adjacent to the
building, and all furniture, fixtures, equipment, smallware and
paperware located in and on the portion of the building demised
herein.
(
C. 2he Le~sed Premises shall include, upon approval of
~const"ruction 'plans by the Lessor, those portions of the golf
~course necessary for the modification of the parking as generally
ishown in Exhibit B, attached hereto. Said Exhibit may from time
to time be amended by the mutual consent of the parties.
2. USE AND HOURS. Lessee shall use the Leased Premises
for the operation of a restaurant, bar and banquet facility: and
for no other purpose. The parties specifically agree that none
of the uses contained in Section 19.58.024 of the Chula Vista
Municipal Code, as that section exists on the date this Lease is
entered, a copy of which is attached hereto and incorporated
herein as Exhibit "A", shall be permitted on the premises.
Lessee shall keep the restaurant and bar open for business during
,"the customary hours of similar operation, but shall not remain
open beyond the hours permitted by State law. Lessee shall not
do, bring, or keep anything in or about the Leased Premises that
will cause a cancellation of any insurance covering the Leased
Premises, or violate any law or ordinance concerning the
condition, use or occupancy of the Leased Premises.
3. FIXTURES AND IMPROVEMENTS.
A. The Leased Premises include all of the fixtures
necessary for the successful operation of a restaurant and bar
facility. Said fixtures, as more particularly described in
',attached Exhibit C, are the property of Lessor and shall remain
"the property of the Lessor upon termination of this lease and any
< extensions. If any of the fixtures described in Exhibit C are in
need of replacement or upgrading, Lessee shall, at Lessee's sole
cost, replace the item{sl with new identical or SUbstantially
similar fixtures. Lessee acknowledges that this obligation to
replace fixtures includes upgrades of equipment that may be
necessary over the term of this Lease and the extended terms.
Said replacement or upgrades shall be the property of Lessor upon
termination of this lease and any extensions.
Lessee understands that the intent of this section is
for Lessor to have all the fixtures necessary for the successful
operation of a restaurant and bar facility upon vacation of the
Leased Premises by Lessee without additional cost to Lessor.
The fixtures described in this subsection may not be
used as security or collateral for any debt or prospective debt
of Lessee.
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B. Lessee's machines, equipment, trade fixtures and
other installations of the type commonly installed in and removed
by tenants from improvements, not specified in subsection A,
which are installed by Lessee in or on the Leased Premises shall
not be deemed to be part of the realty even though. they are
at tached to the floor, walls or roof of the building (s) or to
outside pavements, so long as they can be removed without
structural damage to said improvements and provided that if such
removal, at Lessee's option, of any such installation results in
nonstructural damage to any partes) of the building(s), pavement
or premises, Lessee shall repair such damage and restore said
damaged parte s) of said building( s), pavement or premises to as
good a condition as the same were in at the commencement of this
Lease, reasonable wear and tear excepted.
4. TERM OF LEASE.
(
A. The term of this lease shall be for a period of ten
(10) years commencing July 1, 1986 . If Lessee complies
with its lease obligations and responsibilities, Lessee will have
the option to extend the term ,of this lease, at the conclusion of
the initial ten year term, for two (2) additional ten (10) year
terms. Said extensions will be at the rental rate specified by
section 5. The total term of the lease and the two optional
,extensions shall not exceed thirty (30) years. '.l'he right to
exercise these options is dependent upon Lessee not being in
default on the date the option periods are to commence and Lessee
must give Lessor written notice of its intention to exercise such
options not less than one hundred eighty (180) days prior to the
end of the lessee term then in effect.
B. Notwithstanding any provision to the contrary,
Lessee may, during the initial three. years, provide 180 day
written notice to Lessor of its intent to terminate the' Lease.
.Said termination is at the sole discretion of Lessee. Lessee's
rights pursuant to this subsection shall be extinguished
on ' June 30, 1989
5. RENTAL PAYMENTS.
A. Lessee agrees to pay to Lessor as monthly rental for
the Leased Premises, without setoff, an amount equal to the sum
of the fOllowing:
(l) A sum equal to six percent (6%) of the monthly
gross sales until the point in time during the lease
year when total gross sales derived from the operation
of the Leased Premises totals five hundred thousand
dollars ($500,000), and
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(2) A sum equal to seven percent (7%) of the gross
sales in excess of five bundred thousand dollars
($500,000), but less than one million dollars
($1,000,000) derived from the annual operation of the
Leased Premises, and
(3) A sum equal to nine percent (9%) of the gross sales
in excess of one million dollars ($1,000,000) derived
from the annual operation of the Leased Premises.
Lessee shall submit to Lessor a statement of gross sales
each month indicating the gross sales made in the Leased Premises
during the preceding calendar month and the total gross sales
accumulated for the lease year to date. When the accumulated
total gross sales for the lease year to date reaches $500,000,
the seven percent (7%) of gross sales shall become effective and
when the accumulated total gross sales for the lease year to date
reaches $1,000,000, the nine percent (9%) of gross sales shall
become effective for the purpose of computing the monthly rental
payment. All sums due shall be delinquent on the fifteenth day
of each month and subject thereafter to a penalty of two percent
(2%) each month or fraction of each month, if unpaid. Penal ty
amount is compensation for additional accounting and
administrative costs which will be incurred by Lessor.
(
B. commencing July 1, 1989 ,. the monthly rental
payment shall be the greater of Subsection A or the established
minimum monthly rent.
(1) The minimum monthly rent beginning July 1, 1989 ,
shall be determined by increasing the sum of $4,000 by
the percentage increase in the San Diego Area Consumer
Price Index (CPI) for All Urban Consumers as compiled by
the U.S. Department of Labor, Bureau of Labor Statistics
for the latest twenty-four (24) month per iod for which
statistics are available. In no event shall the amount
of increase exceed an average of 6% per year. Sa id
minimum monthly rent shall be in effect for all monthly
rent payments throughout the subsequent three lease
years.
(2) Commencing July 1, 1992 and every three 'years
thereafter, the minimum monthly rent shall be adjusted
by increasing the previously established minimum monthly
rent by the same proportion of increase in the CPI for
the latest thirty-six (36) month period for which
statistics are available. The parties agree that the
proportional increase shall not exceed an average of 6%
per year. The minimum monthly rent established by this
procedure shall remain in effect for the subsequent
three years.
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c. "Gross Sales Defined". The term "gross sales" as
used in this lease shall include the entire gross sales of every
kind and nature from sales and services made in the Leased
Premises whether for credit or cash, in every department
operating in the Leased premises, whether by Lessee or by others,
including all sales from vending dev ices and payments from pay
telephone. "Gross sales" shall not include any rebates or
refunds to customers or sales taxes accounted for and paid to a
governmental agency.
(
D. Statement of Gross Sales. Within fifteen (15) days
after the end of each calendar month of the term hereof,
commencing with the fifteenth day of the month following the
commencement of this lease agreement as hereinafter provided, and
ending with the fifteenth day of the month next succeeding in the
last month of the term of this lease agreement, Lessee shall
furnish to Lessor a statement in writing, certified by Lessee to
be cor rect, Showing the total gross sales made in the Leased
Premises dur ing the preceding calendar month. Lessee shall keep
(a) full and accurate books of account and records in accordance
with Generally Accepted Accounting principals consistently
applied, including, without limitation, a sales journal, general
ledger, and all bank account statements showing deposits of gross
sales revenue, (b) all cash register receipts with regard to the
gross sales, credits, refunds and other pertinent transactions
made f rom or upon the Leased Premises and (c) detailed or iginal
records of any exclusions or deductions from gross sales. Such
books, receipts and records shall be kept for a period of two (2)
years after the close of each calendar year and shall be
available for inspection and audit by Lessor and its
representatives at the Leased Premises at all times during
regular business hours. In addi tion, upon request of Lessor,
Lessee agrees to furnish to Lessor a copy of Lessee 's state and
local sales and use tax returns. The receipt by Lessor of any
statement or any payment of rental under this Lease, for any
period, shall not bind it as to the correctness of this statement
or the payment. The Lessor shall, within two (2) years after the
receipt of any such statements, be entitled to an audit of such
gross sales. Such audit shall be conducted by Lessor or by
certified public accountant to be designated by Lessor during
normal business hours at the principal place of business of
Lessee. If it shall be determined as a result of such audit that
there has been a deficiency in the payment of any such rental,
then such def iciency shall become immediately due and payable
with interest at the maximum lawful rate from the date when said
payment should have been made. In addi tion, if any of Lessee I s
statements shall be found tp have understated gross sales by more
than two percent (2%) and if Lessor is entitled to any additional
rental as a result of any said understatement, or if such audit
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shows that Lessee has failed to maintain the books of account and
records required by this section so . that Lessor is unable to
verify the accuracy of Lessee's statement, then Lessee shall pay
to Lessor all reasonable costs and expenses (including reasonable
auditor and attorney fees) which may be incurred by Lessor in
conducting such audit and cOllecting such underpayment, if any.
6. TAXES. During the term of this lease agreement,
Lessee shall pay, prior to delinquency, all taxes assessed
against all personal property of Lessee contained within the
Leased Premises. Lessee shall be solely responsible for all real
property taxes and general and special assessments levied against
the Leased Premises. Lessee shall be responsible for any
possessory interest taxes if applicable. Lessee agrees to pay
all taxes not later than ten (10) days before the taxing
authority delinquency date.
7. PARKING AND COMMON FACILITIES.
A. Lessee agrees to furnish adequate parking facilities
for the needs of the patrons of Lessee arising out of the
operation of the Leased Premises dur ing the full term of this
lease agreement or any extension thereof. Lessee shall be
jointly responsible with the operator of the Municipal Golf
Course for the repair and maintenance of the parking lot
,including lighting and light{ng standards in said parking lot and
,adjacent entryway and shall assume its share of the maintenance.
Lessee agrees to maintain adequate security on the Leased
Premises and Lessor has no responsibility with respect to the
safety and secur i ty of users of the Leased Premises and that
Lessee specifically indemnifies, holds harmless and will defend
Lessors against any claims relating to the security issue.
B. In addition to the obligations and responsibilities
specified in Subsection A, Lessee shall be responsible for any
modifications to the building located on the Leased Premises.
8. ALTERATIONS/MODIFICATIONS. lLessee shall not make,
~or suffer to be made, any alterations to the Leased Premises that
affect the exter ior or inter ior of the Leased Premises of any
1 structural, mechanical or electrical component of the facil i ty
'and appurtenances without the prior written consent of City which
"shall not be unreasonably wi thheld. Said alterations or
modifications shall inClude, but not be limited to: landscaping,
signs, parking, structural additions and antennas of any type.
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9. LESSEE'S RESPONSIBILITY TO PROTECT LESSOR FROM
MECHANIC'S LIENS. Lessee agrees: (l) to pay for all labor and
services performed for, and for all materials used by and
furnished to, Lessee or any contractor employed by Lessee with
respect to the premises, whether or not such labor, service, or
materials were related to trade fixtures or other 'works of
improvement: (2) to indemnify and hold Lessor and the premises
harmless and free from liabilities, liens, claims, encumbrances,
and judgments created or suffered by' reason thereof. In the
event that any claim of lien be filed against the premises, or
any action affecting the title to such property be commenced,
Lessee shall forthwith give the Lessor written notice thereof.
Nothing herein shall prevent Lessee from contesting in good faith
the validity of any lien, claim, encumbrance, or judgment,
provided, in the case of mechanics' or material men's liens,
Lessee obtains and records appropriate bonds as provided by law
to remove the recorded liens created thereby.
10. MAINTENANCE OF PREMISES.
(
A. Lessee agrees to assume full and complete
responsibili ty to maintain the Leased Premises in first class
:Condition. Responsibility to maintain in first class condition
shall include, but not be limited to the fixtures and their
replacements specified in attached Exhibit "C": the maintenance
of all air conditioning units, including the necessary
replacement thereof: and the maintenance of all drainage, waste
and vent pipes inside of the building. Lessee shall promptly and
diligently l"epair, restore, alter, add to, remove, and replace,
as required, all fixtures, improvements and landscaping of Leased
premises. Any repair, restoration, alteration, addition,
removal, maintenance, replacement and other act of compliance
under this section (hereafter collectively referred to as
"Restoration") shall be completed by Lessee whether or not funds
are available from insurance proceeds. The Restoration shall
repair or restore to the condition existing immediately prior to
the date of the damage or destruction.
B. First Class Condition Defined.
,--condition and repair", means Restoration which is
~. keep the Leased Premises, including landscaping,
\improvements,. in efficient and ~ttra.c:tive. condition,'
11. INSURANCE. During the term of this lease or any
extension thereof, Lessee shall obtain liability, fire and
worker's compensation insurance coverages from responsible and
solvent corporations author ized to issue such pol icies in
California with a financial rating of at least a B+ XIII status
as rated in the most recent edition of Best's Insurance Reports.
Not more frequently than every 3 years, if, in the opinion
"First class
necessary to
fixtures and
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of Lessor, the amount of public liability, property damage,
products liability or liquor liability coverages at that time
appears inadequate, then Lessee shall increase the insurance
coverage as required by Lessor. Provided however, if Lessee, for
whatever reason, disagrees with Lessor's increased insurance
coverage requirements, then the parties shall each appoint a
representative to a three member panel which shall determine the
adequacy of the coverage. The third member of the panel shall be
chosen by the representatives appointed by the parties. In the
event the two representatives are unable to agree on a third
member within thirty (30) days, the Lessor may appoint the third
member. The decision of the three member panel as to the
adequacy of the insurance shall be binding on the parties.
A. Liability Coverage. Liability coverage shall be
provided that protects the parties to this lease against loss or
liability by law for injury to or death of any person or damage
to property arising from the use of the Leased Premises in the
following amounts:
(
At least TV/O HUNDRED FIFTY THOUSAND DOLLARS ($250,000)
property damage; ONE MILLION DOLLARS ($1,000,000) for
injury or death to anyone person in anyone accident;
and a single limit liability policy of FIVE MILLION
DOLLARS ($5,000,000) per occurrence. Such policy shall
include "products" liability and liquor liability
coverage.
B. Fire and extended covel'age, in a form at least as
broad as the standard insurance services office special extended
coverage endorsement, covering all improvements or additions made
by Lessee on the demised premises, such insurance to be in an
amount equal to ninety percent (90%) of replacement value of all
such improvements with the policy or policies containing a loss
payable endorsement (s) in favor of the parties hereto as their
respective interests may appear. "Full replacement value" shall
be determined by Lessor at the time said improvements are
ini tially insured and shall be redetermined annually thereafter
throughout the term of this Lease. Said redeterminations of full
replacement value shall be based upon the annual percentage
increase, if any, in the Consumer Pr ice Index as specif ied in
Section 5. In the event such index is not then in existence, the
adjustment shall be made on the basis of such other comparable,
generally accepted index as may then be available, the selection
of which is mutually acceptable to Lessor and Lessee. It shall
be Lessor's responsibility to obtain said redeterminations.
Lessee shall be promptly notified of the results of said
redetermination and Lessee shall immediately thereafter adjust
the amount of the insurance coverage to correspond with each
redetermination of full replacement value. Said policy or
(
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policies shall be procured, filed with the Lessor and approved by
the Lessor and shall provide therein that the same shall not be
subject to cancellation except after delivery of written notice
by reg istered mail to the Ci ty Attorney of the city of Chula
Vista at least thirty (30) days prior to the effective date of
any such cancellation. A certificate or certificate.s evidencing
the issuance of such policy or policies, showing the inclusive
dates of coverage, bearing an original' signature(s) of an
authorized representative of the respective carrier or carriers
and containing thereon the above thirty day notice provision,
shall be filed with the Clerk of the City Council.
C. Worker's Compensation. Lessee
policy of Worker's Compensation Insurance
employees and shall provide Social Security
employees.
shall maintain a
to cover Lessee's
coverage for such
D. Insurance Certificates Filed with City Clerk.
Lessee shall file the above named policies or certificates
thereof with the City Clerk of the City of Chula vista. The Risk
Manager may, at any time, require Lessee to replace any such
policy or certificate with another policy or certificate. All
policies shall list the City of Chula Vista as an additional
insured and all policies shall provide for thirty (30) days
notice in writing to the Lessor in advance of cancellation, lapse
or .reduction in coverage.
(
E.
self-insured
obligated to
Lessee Self-Insurance. Lessee represents that it
for vandalism and malicious mischief and shall
pay all costs associated with necessary repairs.
is
be
12. Hold' Harmless. Lessee shall hold the Lessor
harmless from all damagea arising out of any damage or liability
of any kind for any injury to or death of persons, or for any
damage to property occurring in, on or about the Leased premises
except that Lessee shall not be liable for any damage, liability,
injury or death occasioned by the active negligence or wilful act
of Lessor or its designated agents, servants, or employees,
unless covered by insurance Lessee is required to provide..
Lessee's Obligations under this section to indemnify and hold
Lessor harmless shall be limited to the sum that exceeds the
amount of insurance proceeds, if any, received by Lessor.
13. Mutual Waiver of Subrogation Rights. Lessor and
Lessee hereby waive any rights each may have against the other on
account of any loss or damage occasioned to Lessor or Lessee, as
the case may be, to their respective property, the Leased
Premises, its contents arising from or connected to any risk
insured against under any insurance policies carried by the
parties and in force at the time of any such loss or damage; and.
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the parties each, on behalf of their respective insurance
companies 1nsuring the property of -either Lessor or Lessee
against any such loss, waive any right of subrogation that either
may have against the other, as the case may be. Each party shall
cause each insurance policy obtained by it to provide that the
insurance company waives all rights of recovery by way of
subrogation against ei ther party in connection wi th any damage
covered by any policy.
14. DAMAGE TO OR DESTRUCTION OF IMPROVEMENTS.
(
A. If, dur ing the term of the Lease, Lessee 's
improvements on the demised premises are partially or totally
destroyed from a risk covered by the insurance described in
Section 11 herein, Lessee shall restore the premises to
substantially the same condition as they were in immediately
before destruction; provided, however, that Lessee shall not be
required to expend for such restoration an amount greater - than
the insurance proceeds it recovers as a result of such partial or
total destruction. Lessee shall be responsible for the rental
payment during any period when business is interrupted.
B. Lessee shall be obligated and responsible for the
repair and reconstruction of the Leased Premises. Said
obligation shall include, but not be limited to destruction of
the premises due to flood, earthquake or other calamities.
Lessee expressly assumes the risk of "Acts of God". Lessee
waives the provisions of Civil Code S1932(2) and Civil Code
51933(4) with respect to any destruction of the Leased Premises.
15. UTILITIES. Lessee shall pay before delinquency all
gas, heat, electricity, power, telephone
services of utilities used in, or upon the
Lessee during the terms of this lease
charges for water,
service and all other
Leased Premises by
agreement.
16. ENTRY AND INSPECTION. Lessee
Lessor, its agents alid/or employees to enter
Leased Premises at all reasonable times.
shall permit the
into and upon the
17. ASSIGNMENT/SUBLEASES. Lessee shall not assign or
sublease this lease agreement or any interest therein, or any
right or privilege appurtenant thereto, without obtaining the
written consent of the Lessor. If Lessee obtains Lessor's
consent, Lessee shall have the right to assign or sublet its
interest in this Lease, but Lessee shall not be released from
Habil i ty.
18. LIQUOR LICENSE.
liquor license at all times.
Lessee shall maintain a valid
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19. ATTORNEY FEES. If at any time after the
commencement of this Lease, either Lessor or Lessee institutes
any action or proceeding against the other relating to the
provisions of this Lease, or any default hereunder, the
nonprevailing party in such action or proceeding shall reimburse
the prevailing party for the reasonable expenses of attorney fees
and all costs and disbursements incurred therein by the
prevailing party including, without limitation, any such fees,
costs or disbursements incurred on any appeal from such action or
proceeding. SUbject to the provisions of local law, the
prevailing party shall recover all such fees, costs or
disbursements as costs taxable by the court or arbiter in the
action or proceeding itself without the necessity for a
cross-action by the prevailing party.
(
20. SURRENDER OF PREMISES; HOLDING OVER. Upon the date
of termination of the term of this Lease, Lessee shall surrender
to Lessor the Leased Premises and all of Lessee's improvements
and alterations in good condition (except for ordinary wear and
tear occurring after the last necessary maintenance made by
Lessee). Lessee may remove fixtures owned by Lessee pursuant to
Sec. 3. If Lessee fails to surrender the Leased Premises to
Lessor on the termination date of this Lease, Lessee shall hold
Lessor harmless from all damages resulting from Lessee's failure
to surrender the Leased Premises, inClUding, without limitation,
claims made by a succeeding tenant reSUlting from Lessee's
failure to surrender the Leased Premises. If Lessee, with
Lessor's consent, remains in possession of the Leased Premises
after expiration or termination of the Lease term, such
possession by Lessee shall be deemed to be a month-to-month
tenancy terminable on 30 days notice given at any time by either
party. All provisions of this Lease, except those relating to
Lease term and options to extend shall apply.
21. TERMINATION
A. Lessor shall have the right to terminate this Lease
Agreement in its entirety and all rights ensuring therefrom upon
thirty (30) days written notice if anyone or more of the
following events shall occur:
(1) Lessee shall fail to pay the rental payments
required under this Lease within thirty (30) days after
receipt of written notice from Lessor regarding the
non-payment of such rental payments;
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(2) Lessee shall permit to continue for a period of
fourteen (14) days after writ"ten notice from Lessor to
correct, the existence of unsanitary conditions or
practices, disrepair of buildings, struct~res, equipment
or facilities, unsafe and hazardous practices, or
untidy and unsightly condition in, on or about the
demised premises; provided, however, that if Lessee
shall forthwi th upon receipt of said notice proceed to
correct the condition complained of, then Lessee shall
have a reasonable time in which to correct should the
nature of the work be such as to require more than five
(5) days;
(3) Lessee shall fail to keep, perform or observe each
and every other promise, covenant, condi tion and
agreement set forth in this Lease Agreement on its part
to be kept, performed or observed within fifteen (15)
days after receipt of written notice" of default
thereunder from Lessor except where fulfillment of
Lessee's obligation requires activity over a period of
time and Lessee shall have commenced to perform whatever
may have been required for fulfillment within seven (7)
days after receipt of such notice and continues such
performance without interruption except for causes
beyond its control;
(
(4) In the event Lessee files for bankruptcy; assigns
to any creditor or has a lien placed on any right or
property hereunder and such lien is not removed in 90
days; fails to provide the Statement of Gross Sales or
if said statement understates gross sales by 6%,
(5) Lessee shall voluntarily abandon, desert, vacate or
discontinue its operation of the business herein
authorized in this Lease Agreement;
(6) Permanent loss of liquor license shall be cause for
termination, Two or more suspensions and/or fines by
the Alcoholic Beverage Control Commission within any 12
month period shall be deemed a "permanent loss of liquor
license",
B, Notwithstanding the above, Lessor has the right to
terminate this Lease, upon the giving of six (6) months notice in
wr i ting to Lessee, if the Chula vista ci ty Council adopts any
ordinance finding that substantially all of the demised premises
are required for purposes of constructing public streets or
drainage facilities for the' Sweetwater River Flood Plain
"consistent with any flood plan adopted for the Sweetwater River
Flood Plan.
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C. Nothing in this Section 21 shall require Lessee to
observe or conform to any governmental authority's requirements
or to pay any tax, lien, claim, charge or demand so long as the
validity or enforceability thereof shall be contested in good
fai th to the extent appropr iate unless in Lessor's judgment the
performance of Lessee's obligations are being materially and
adversely affected.
D. No acceptance by Lessor of. rentals, in whole or in
part, for any period or periods after a defaul t of any of the
terms, covenants and conditions to be performed, kept or observed
by Lessee, other than a default in the payment rentals as set
forth in Section 21 hereof, shall be deemed a waiver of any right
on the part of Lessor to terminate this Lease Agreement on
account of such default.
E. No waiver by Lessor of any default on the part of
Lessee in the performance of any of the terms, covenants, or
conditions hereof to be performed, kept or observed by Lessee
shall be or be construed to be a waiver by Lessor of any other or
subsequent default in performance of any of such terms, covenants
and conditions.
(
F. No act by Lessor other than giving notice to Lessee
shall terminate this Lease. Acts of maintenance, efforts to
relet the premises, or the appointment of a receiver on Lessor's
ini tiative to protect Lessor' s interest under this Lease shall
not constitute a termination of Lessee's right to possession. On
termination, Lessor has the right to recover from Lessee:
1. The wor th, at the time of the award, of the unpa id
rent that had been earned at the time of termination of this
Lease;
2. The worth, at the time of the award, of the amount
by which the unpaid rent for the balance of the term after the
time of award exceeds the amount of the loss of rent that Lessee
proves could have been reasonably avoided; and
3. Any other
compensate Lessor for
Lessee's default.
The worth, at the time of the award, -as used in 1 and 2
of this paragraph, is to be computed by allowing interest at the
maximum rate an individual is permitted by law to charge. -The
worth, at the time of the award,- as referred to in 3 of this
paragraph, is to be computed by discounting the amount at the
discount rate of the Federal Reserve Bank. of San Francisco at the
time of the award, plus 1%.
amount, and court costs, necessary
all detriment proximately caused
to
by
(
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G. In the event Lessee is prevented from occupying or
using the demised premises, or is prevented from conducting or
operating its business on said premises by final action, order or
rUling of any governmental authority, federal, state or
municipal, then Lessee may, at its option, cancel this Lease by
wr itten notice to Lessor, and said Lease shall be and become
cancelled and terminated thirty (30) days after. the receipt by
Lessor of such notice.
22. LESSOR'S RIGHT OF RE-ENTRY. Lessor shall, as an
additional remedy, upon the glvlng of written notice of
termination as provided in Section 21 hereof, have the right to
re-enter the demised premises and every party thereof on the
effective date of termination without further notice of any kind,
and may regain and resume possession either with or without the
insti tution of summary or legal proceedings or otherwise. Such
re-entry or regaining or resumption of possession, however, shall
not in any manner affect, alter, or diminish any of the
Obligations of Lessee under this Lease and Agreement, and shall
in no event constitute an acceptance or surrender.
(
23. WAIVER OF REDEMPTION AND DAMAGES. Lessee hereby
waives any and all rights of redemption granted by or under any
present or future law, or statute, arising in the event Lessor
obtains or retains possession of the demised premises in any
lawful manner. Lessee further agrees that in the event the
manner or method employed by Lessor in re-entering or regaining
possession of the demised premises gives rise to a cause of
action in Lessee in forceable entry and detainer under the laws
of the State of California, then the total amount of damages to
which Lessee shall be entitled to in any such action shall be the
sum of $1.00 and Lessee agrees that the proviSions of this
Section 24 may be filed in any such action as its stipUlation
fixing the amount of damages to which it would be entitled
therein.
24. LESSOR'S RIGHT TO RELET. Lessor, upon termination
or cancellation pursuant to Section 21 hereof, or upon re-entry,
regaining or resumption of possession pursuant to Section 22
hereof, may occupy the demised premises or may lease the same to
others, and shall have the right to permi t any person, firm or
corporation to enter upon the demised premises and use the same.
Such leasing to or occupation by others may be only a part of the
demised premises, or the whole thereof together with other
space, and for a period of time the same as or different from the
balance of the term hereunder remaining, and on terms and
conditions the same as or different from those set forth in this
Lease Agreement. Lessor shall also, upon termination. or
cancellation pursuant to Section 21, or upon its re-entry,
(
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regaining or resumption of possession pursuant to Section 22,
have the right to repair or to make such structural or other
changes in the demised premises as are necessary in its judgment
to maintain the suitability thereof for uses and purposes similar
to those granted under this Lease Agreement. In the event either
of any leasing to others, or any actual use and occupancy by
Lessor, except as specified in subparagraph B of Section 21,
there shall be charged to' the account of Lessee all expenses,
costs and disbursements incurred or paid by Lessor in connection
therewith. No such leasing to others shall be or be construed to
be an acceptance of surrender. If Lessor elects to relet the
premises as prOVided in this paragraph, rent that Lessor receives
from reletting shall be applied to the payment of:
First, any indebtedness from Lessee to Lessor other than
rent due from Lessee;
Second, all costs, including for maintenance, incurred
by Lessor in reletting;
(
Third, rent due and unpaid under this Lease. After
deducting the payments referred to in this paragraph, any sum
remaining from the rent Lessor receives from reletting shall be
held by Lessor and applied in payment of future rent as rent
becomes due under this Lease. In no event shall Lessee be
entitled to any excess rent received by Lessor. If, on the date
rent is due under this Lease, the rent received from the
l'eletting is less than the rent due on that date, Lessee shall
pay to Lessor, in addition to the remaining rent due, all costs,
including for maintenance, Lessor incurred in reletting that
remain after applying the rent received from the reletting as
provided in this paragraph.
25. LESSOR'S RIGHTS NON-EXCLUSIVE. Lessor's rights to
terminate to Lease, re-enter, regain possession of and relet the
Leased Premises are not exclusive, but are cumulative in addition
to any remedies now or later allowed by law.
26. NONDISCRIMINATION AND AFFIRMATIVE ACTION PROGRAM.
Lessee, in its operations at Chula Vista, for itself, its
personal representatives, successor in interest and assigns, as
part of the consideration hereof, does hereby covenant and agree
as a covenant running wi th the land that: (1) no person on the
grounds of race, color or. national origin shall be excluded from
participation, denied the benefits of or be otherwise subjected
to discrimination in the use of the facilities covered by this
Lease; (2) that in the construction of any improvements on, over
or under the premises authorized to be utilized herein and the
furniShing of services thereon# no person on the groundS of race,
color or national origin shall be excluded from participation in,
(
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denied the benefits of or otherwise be subjected' to
discrimination, and (3) that Lessee shall use said pr,emises in
compliance with all other requirement~ imposed by or pursuant to
Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 2,
Nondiscrimination in Federally-Assisted Programs of the
department of Transportation-Effectuation of Title VI of the
civil Rights Act of 1964, and as said Regulations may be
amended. Lessee agrees that Lessor has the right to take such
action against Lessee as the United Stated Government may direct
to enforce this covenant.
In addition, Lessee, during the term of this
agrees not to discriminate in its employment practices
any employee or applicant for employment because
employee's or applicant's race, religion, national
ancestry, sex, age or physical handicap.
Lease,
against
of the
origin,
27. RENTAL PAYMENT/NOTICE.
A, All rental payments specified in Section 5
shall be paid to the City of Chula Vista, Department of Finance,
276 Fourth Avenue, Chula Vista, California 92010, or to such
other address as the Ci ty may designate by wr i tten notice to
Lessee.
(
B. Any written notice required by this Lease or by
operation of law shall be sent to the following location unless
otherwise specified in writing:
City of Chula vista
Department of Finance
276 Fourth Avenue
Chula Vista, California 92010
American Golf Corporation
641 North Sepulveda Blvd.
Los Angeles, California 90049
28. ENTIRE AGREEMENT. This Lease contains the entire
agreement between the parties hereto and said Lease shall not be
modified in any respect except by formal, written amendment.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
(
LESSOR: THE CITY OF
CHULA VISTA
!"J;1/t G<
Mayor of(Jth City 0
Chula Vista
LESSEE: AMERICAN GOLF
CO~N
L'/ ~
David G. Price
Chairman of Board and
Chief Executive Officer
0314 a
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PRESTIGE HOSPITALITY SERVICES INC
BUSINESS PLAN
.
PROI.OGUR
Attachment B
PRESTIGE HOSPITALITY SERVICES, INC. IS NOT A START UP COMPANY IN
THE TRUE SENSE OF THE WORD. OUR ULTIMATE GOAL IS TO TRANSPLANT AND
REPLICATE INTACT OUR ALREADY HIGHLY SUCCESSFUL BUSINESS
ORGANIZATION FROM THE PUBLIC SECTOR TO THE PRIVATE SECTOR. THE
MANAGING DIRECTOR AND THE KEY STOCKBOLDER/MANAGERS HAVE BEEN
OPERATING ONE OF THE MOST HIGHLY REGARDED, AND PROFITABLE,
GOVERNMENT CATERING/CONFERENCE CENTERS LOCATED ON THE WEST COAST
FOR THE LAST FIVE CONSECUTIVE YEARS. UNDER THE GUIDANCE OF
MANAGING DIRECTOR MR. C. E. CAMPION THE NORTH ISLAND NAVAL AIR
STATION OFFICERS' CLUB, WHICH HAD THE WORST OF REPUTATIONS AND HAD
LOST IN EXCESS OF $480.0 K. IN FISCAL YEAR 1985, (WITH $100.0 K. IN
DIRECT TAX DOLLAR SUPPORT), PRODUCED A $80.0 K. NET PROFIT IN
FISCAL YEAR 1990, (WITH ONLY $48.0 K. IN DIRECT TAX DOLLAR
SUPPORT), AND WILL MATCH THAT NET PROFIT FIGURE AGAIN IN 1991,
(WITH $0.00 TAX DOLLAR SUPPORT). DURING MR. CAMPION'S TENURE AS
MANAGING DIRECTOR SALES HAVE NEVER FAILED TO INCREASE BY LESS THAN
12% PER YEAR...EVERY YEAR IN A VIRTUALLY CLOSED MARKET PLACE, AND
UNDER REGULATIONS WHICH PROHIBIT PRIVATE SECTOR ADVERTISING. THE
PROFESSIONALISM OF THE BAND PICKED AND PERSONALLY TRAINED MANAGERS
AND CULINARY PROFESSIONALS WHO DELIVER QUALITY GOODS AND CONSISTENT
SERVICES AT AN EXCELLENT PRICE/vALUE RELATIONSHIP HAVE FORMED THE
CORNERSTONE OF OUR SUCCESS. WE HAVE LONG FELT THAT IF WE COULD BE
THIS SUCCESSFUL OPERATING UNDER THE INCREDIBLY UNBUSINESSLlKE,
BUREAUCRATIC AND RESTRICTIVE POLICIES AND REGULATIONS OF THE
FEDERAL GOVERNMENT WE COULD BE VERY SUCCESSFUL AT THE RIGHT
LOCATION IN THE PRIVATE SECTOR.
WITH THAT GOAL IN MIND WE CONTACTED SEVERAL BUSINESS BROKERS IN THE
GREATER SAN DIEGO AREA TO IMPLEMENT A LOCATION SEARCH, THE RESULTS
OF WHICH LEAD US TO OPENING DISCUSSIONS WITH THE AMERICAN GOLF
CORPORATION, (A. G. C.) OF SANTA MONICA, CA. FOR THEIR BEAUTIFUL
LEASED 16000 SQUARE FOOT FACILITY ADJACENT TO THE CHOLA VISTA
MUNICIPAL GOLF COURSE, LOCATED AT 4475 BONITA RD. , BONITA, CA. WE
HAVE SINCE HELD SEVERAL VERY POSITIVE PRELIMINARY DISCUSSIONS, THE
LAST WITH MR. KEVIN J. ROBERTS, SENIOR VICE PRESIDENT GOLF
OPERATIONS FOR AMERICAN GOLF CORPORATION. TO DATE WE HAVE
GARNISHED A COPY OF THE EXISTING LEASE AND MUCH OF A.G.C. 'S ACTUAL
OPERATING FIGURES. WE'VE CONCLUDED THAT THIS MODERN, FULLY
EQUIPPED, STATE OF THE ART FACILITY IS TRULY A "DIAMOND IN THE
ROUGH" BEGGING FOR AN EXPERIENCED, SUCCESSFUL MANAGEMENT TEAM.
FROM THE INFORMATION GATHERED AND BASED ON OUR VAST OPERATIONS
:lXPERIENCE WE HAVE PREPARED OUR PROFORMA BUDGETS, BUDGETING
ASSUMPTIONS, BUSINESS PLAN AND A PROFORMA SUB-LEASE
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PROPOSAL. AFTER REVIEWING THESE ATTACHED DOCUMENTS, IN ADDITION TO
THE RESUMES OF OUR CORPORATE DIRECTORS, ErrERIOR PHOTOS OF THE
FACILITY AND THE LETTERS OF RECOMMENDATION FROM EXISTING SAN DIEGO
AREA COMPANIES WE ARE ALREADY DOING BUSINESS WITH, WE ARE HOPEFUL
THAT YOU Too.WILL SEE THE INCREDIBLE POTENTIAL THAT THIS SITE WOULD
HAVE IN THE HANDS OF A SEASONED, EXPERIENCED AND SUCCESSFUL
HOSPITALITY MANAGEMENT TEAM. BE ASSURED THAT THE PROFORMA BUDGETS
SUBMITTED HERE ARE "ZERO BASED" AND REPRESENT WHAT WE FEEL IS OUR
"WORST CASE SCENARIO". WE THANK YOU FOR YOUR TIME AND
CONSIDERATION.
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"our \'leu! facni\...Y is 16,000 S.F.
on !.he Golf Course on 3/4'S of
an acre in !.he bedroom communi!.Y of
Boni!.a.CII. \:2. miles sou!.heas!. of
dOuln\...O\lln San Oieeo..
"
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I ) DEMOGRAPHIC SITE & FACILITY OVERVIEW
THE FACILITY IS LOCATED IN THE BEDROOM COMMUNITY OF BONITA
APPROXIMATELY 12 MILES SOUTHEAST OF DOWNTOWN SAN DIEGO, CA., AND
LESS THAN 10 MILES NORTH OF THE INTERNATIONAL BORDER WITH MEXICO.
THE SITE IS LOCATED TWO MILES EAST OF INTERSTATE 805 ADJACENT TO
THE CHOLA VISTA MUNICIPAL GOLF COURSE, IN A PRIMARILY KID TO UPPER
MIDDLE CLASS RESIDENTIAL NEIGHBORHOOD, WHERE THE MEDIAN PRICED HOME
SELLS FOR JUST OVER $200,000.00.
THE FACILITY SITS ON 3/4'S OF AN ACRE IN THE NORTHEAST CORNER OF A
FOUR ACRE PLOT, SURROUNDED BY THE GOLF COURSE TO THE NORTH AND
EAST, AND BY PARKING FOR 300-400 CARS TO THE SOUTH AND WEST.
THE BUILDING IS MODERN, (APPROXIMATELY 15 YEARS YOUNG), HAS A
STOCCO EXTERIOR AND A FLAT ROOF. THERE IS A DRIVE THROUGH PORTICO
AT THE FRONT ENTRANCE. UPON ENTERING THE BUILDING THERE IS A
DINING/CATERING SPACE TO THE LEFT WITH SEATING CAPACITY FOR 180
PEOPLE. DIRECTLY OPPOSITE THE FRONT ENTRANCE IS A
BAR/LOUNGE/CATERING SPACE WITH STANDING CAPACITY FOR UP TO 100 AND
SEATING CAPACITY FOR UP TO 50 PEOPLE. TO THE RIGHT DOWN THE FRONT
HALLWAY ARE THE MANAGER/ACCOUNTING OFFICE, THE MEN'S AND LADIES'
REST ROOMS, THE CATERING SALES OFFICE AND THE ENTRANCES TO THE
BALLROOM. THE BALLROOM IS THE LARGEST SINGLE SPACE CAPABLE OF
SEATING UP TO 225 PEOPLE, IT IS ALSO CAPABLE OF BEING SUB-DIVIDED
INTO THREE EQUI-SIZED SMALLER SPACES EACH HOLDING 75 PEOPLE AND
EACH WITH IT'S OWN SEPARATE ENTRANCE. IN THE CENTER OF THE
FACILITY IS LOCATED A 4000 SQUARE FOOT MODERN, WELL EQUIPPED
COMMERCIAL KITCHEN WITH SIGNIFICANT FOOD AND BEVERAGE STORAGE
AREAS. LOCATED BEHIND THE KITCHEN, WITH ITS OWN SEPARATE ENTRANCE
IS THE "19th HOLE LOUNGE" WHICH SEATS 40 PEOPLE. THE WALK UP SNACK
BAR OPERATION IS LOCATED IN THE NORTHEAST CORNER OF THE FACILITY.
OVEHALL THE FACILITY IS 15-16000 SQUARE FEET, IS IN VERY GOOD
CONDITION. IS WELL EQUIPPED AND IS, WITH MINOR EXCEPTIONS, READY
FOH A TURNKEY OPERATION. THOUGH THE FINAL LEASE AGREEMENT REMAINS
TO BE NEGOTIATED THE FORECASTED AND EXPECTED RENTAL COSTS, (PER THE
EXISTING LEASE BETWEEN THE CITY OF CHULA VISTA AND AMERICAN GOLF
CORPORATION), IS BETWEEN $.40 - $.50 PER SQUARE FOOT. THE CURRENT
LEASE HAS FIVE YEARS REMAINING ON IT, WITH TWO TEN YEAR RENEWAL
OP~' IONS.
-3-
/11"',,2 7
II ) PRODUCT & MARKET DESCRIPTION
PRESTIGE HOSPITALITY SERVICES, INC., LIKE IT'S PUBLIC SECTOR
PREDECESSOR, WOULD PROVIDE REASONABLY PRICED, QUALITY ORIENTED,
FOOD, BEVERAGE, CATERING AND CONFERENCE SERVICES. OUR MARKET IS
"MIDDLE CLASS AMERICA", RETIREES ON FIXED INCOME AND SMALL TO
MEDIUM SIZED BUSINESSES. THIS MARKET BAS BECOME INCREASINGLY
DISENCHANTED WITH THE PROSPECT OF HAVING TO PAY OUTRAGEOUS PRICES
AT LOCAL AREA HOTELS WHICH HAVE TRADITIONALLY BEEN THE SOURCE FOR
THESE GOODS AND SERVICES. WHAT WITH HOTELS IN THE SAN DIEGO
METROPOLITAN AREA RUNNING OCCUPANCY PERCENTAGES IN THE "HIGH 60'S
AND LOW 70 'S", THEY HAVE HAD TO INCREASE THE PRICE STRUCTURES IN
THEIR FOOD AND BEVERAGE DEPARTMENT IN AN ATTEMPT TO OFFSET THE
LOSSES BEING EXPERIENCED IN THEIR ROOMS DIVISION. THESE PRICE
INCREASES HAVE LEAD TO MARKET ALIENATION OF THOSE ON FIXED INCOMES,
THE MIDDLE CLASS AND SMALL TO MEDIUM SIZED BOSINESSES. UNLESS THIS
MARKET HAS ACCESS TO THE LOCAL MILITARY CLUB SYSTEM, A FRATERNAL
ORDER FACILITY SUCH AS THE MASON'S LODGE, OR THEIR CHURCH'S
FELLOWSHIP HALL THERE ARE FEW, IF ANY, PLACES FOR THEM TO TURN.
THE MODERN AND ATTRACTIVE 15000 SQUARE FOOT SITE LOCATED AT THE
CHOLA VISTA MUNICIPAL GOLF COURSE WOULD OFFER A MOST VIABLE MARKET
OPT ION.
_ i
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OUR PROPOSED OPERATING SCHEDULE, AS FOLLOWS, EXPLOITS THE STRENGTHS
OF THIS MARKET SPECIFIC APPROACH:
BREAKFAST, LUNCH & HAPPY HOUR DAILY IN THE GOLFER'S LOUNGE.
A SEVEN DAY A WEEK SNACK BAR OPERATION "AT THE TURN" ON THE GOLF
COORSE.
FRIDAY NIGHT BIG BAND DINNER DANCING.
SONDAY CHAMPAGNE JAZZ BRUNCH.
BANQOETS, CATERED EVENTS AND CONFERENCES AT ALL OTHER TIMES.
THE GOLF COURSE, WHICH AVERAGES 300 ROUNDS PER DAY, ATTRACTS OUR
MARKET PROFILE EXACTLY. MUNICIPAL COURSE GOLFERS ARE THOSE WHO
HAVE THE $5000.00 - $8000.00 TO SPEND ON THEIR DAUGHTER'S WEDDING
OR ARE THE DECISION MAKERS IN THEIR COMPANIES WHO INFLUENCE WHERE
THE COMPANY CHRISTMAS PARTY WILL BE HELD. THEY ARE ALSO THE YOUNG
FAMILY COUPLES WHO ARE SEARCHING FOR A REASONABLY PRICED
-4-
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SUNDAY BRUNCH ALTERNATIVE. THE FIXED INCOME RETIREE GOLFERS ARE
2THE SAME CLIENTELE WHO PATRONIZE OUR SUCCESSFUL FRIDAY NIGHT BIG
BAND DINNER DANCE AND SUNDAY JAZZ BRUNCH.
WE ARE ALSO CONFIDENT THAT OUR SUCCESSFUL HISTORY AND REPUTATION
WITH THE NAVY IN THE SAN DIEGO AREA WILL ALLOW US TO ATTRACT A
SIGNIFICANT AMOUNT OF CATERED BUSINESS AWAY FROM THE 32nd STREET
NAVAL STATION WHICH IS LESS THAN SIX MILES AWAY.
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III ) PRICING STRATEGY
OUR PRICING STRATEGY IS SIMPLE:
TO OFFER THE SAME "FOUR STAR" QUALITY GOODS AND PROFESSIONAL
SERVICES TO BE FOUND IN ANY OF SAN DIEGO'S "FOUR STAR" HOTEL
PROPERTIES FOR 10-12% LESS.
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TV ) MARKETING PLAN
OUR EXPERIENCE OF THE LAST FIVE YEARS SHOWS THAT QUALITY GOODS AND
SERVICES RENDERED BY WELL TRAINED, ATTRACTIVE AND FRIENDLY
PERSONNEL AT A 10-12% COST SAVINGS TO THE GUEST RESULTS IN THE
FINEST KIND OF ADVERTISING OF ALL...EXCELLENT WORD OF MOUTH. THIS
PREMISE HAS FORMED THE CORNERSTONE OF OUR HISTORICAL 12% PER YEAR
SALES INCREASES. WE RECOGNIZE THAT THIS "PASSIVE PHILOSOPHY" ALONE
WILL NOT GUARANTEE OUR SUCCESS IN THE PRIVATE SECTOR. WE WILL
ADHERE TO THE PRINCIPLES THAT ADVERTISING DOLLARS SPENT !fOST BE
COST EFFECTIVE AND MARKETING EFFORTS EXPENDED !fOST BE TARGET
SPECIFIC AND RESULTS ORIENTED.
WITH THAT IN MIND AND WITH REASONABLE INITIAL ADVERTISING DOLLARS
BUDGETED WE INTEND TO CHANGE THE NAME OF THE FACILITY FROM SOUTH
BAY RESTAURANT TO THE SOUTH BAY CATERING &: CONFERENCE CENTER.
NEWLY DESIGNED SIGNAGE WHICH WOULD ALSO INCLUDE OUR WEEKLY SCHEDULE
AS OUTLINED ABOVE WOULD REPLACE THE EXISTING SIGNAGE IN THE BRICK
KIOSK ADJACENT TO BONITA RD., WHERE SOME 25-30,000 CARS A DAY PASS
BY.
WE WILL PLACE TWO HIGH IMPACT QUARTER PAGE ADS AND ONE LINE AD IN
THE SOUTH BAY YELLOW PAGES. THE QUARTER PAGE ADS WILL APPEAR UNDER
THE "CATERERS" LISTING AND THE "CONFERENCE CENTERS" LISTING. THE
LINE AD WILL BE UNDER THE "WEDDING SUPPLIES &: SERVICES" LISTING.
REMAINING ADVERTISING DOLLARS WILL BE EXPENDED IN THE FORM OF
DI~ECT MAILINGS TO THE MORE THAN 3000 PREQUALIFIED CUSTOMERS AND
CLIENTS WHO HAVE SIGNED UP TO BE ON OUR MAILING LIST OVER THE LAST
FIVE YEARS AND WILL BE USED FOR "EVENT SPECIFIC", (EASTER, MOTHER"S
DA Y, NEW YEARS EVE, ETC.), PR INT ADS IN THE LOCAL SOUTH BA Y
NEWSPAPERS OR "PENNY SAVERS".
IN ORDER TO INTRODUCE OUR "NEW CATERING SERVICES" AND THE TWO NEW
MEAL PERIODS, THE FRIDAY NIGHT BIG BAND DINNER DANCE AND OUR SUNDAY
CHAMPAGNE JAZZ BRUNCH THE MARKETING DIRECTOR WILL IMMEDIATELY
IMPLEMENT THE FOLLOWING PROGRAMS:
1.) VISIT WITH FLYERS THE ACTIVITIES DIRECTOR AT EACH RETIREMENT
CENTER WITHIN A TEN MILE RADIUS. WE WILL OFFER ALL SENIOR CITIZENS
A $1.00 DISCOUNT FOR BOTH THE BRUNCH AND THE FRIDAY NIGHT DINNER
DANCE.
2.) IN ORDER TO ATTRACT FAMILIES TO THE SUNDAY BRUNCH WE WILL OPEN
WITH A "TEN &: TEN" PRICE PROMOTION - $10.00 FOR ADULTS AND ALL KIDS
10 & UNDER EAT FREE.
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3.) VISIT ALL CHURCHES AND PARISHES WITHIN A TEN MILE RADIOS AND
ARRANGE WITH EACH PASTOR TO REBATE $0.50 TO THE CHARITY OF THEIR
CHOICE FOR EACH OF THEIR SUNDAY BULLETINS, THAT ADVERTISES THE
OFFER, WHICH IS TURNED INTO OUR CASHIER FOR SUNDAY BRUNCH, (LIMIT
ONE PER ADULT).
4.) ARRANGE TO PAY AND TO RECEIVE REFERRAL FEES FROM KEY
INDIVIDlJALS AND BUSINESSES, SUCH AS WEDDING CONSULTANTS, BRIDAL
SHOPS, TUXEDO RENTAL SHOPS, JEWELERS, PHOTOGRAPHERS, DJ '5 ,
BAKERIES, BALLOON COMPANIES, ETC,
5.) SCHEDULE WITH ACTIVITY DIRECTORS AND/OR MANAGERS OF LOCAL AREA
RETIREMENT/NURSING HOMES FOR MID-WEEK EARLY EVENING DINING/SOCIAL
EVENTS.
6.) PRODUCE CROSS MARKETING TABLEIBAR TOP PROMO PIECES FOR THE
FRIDAY DINNER DANCE AND THE SUNDAY BRUNCH TO BE PLACED IN THE
GOLFER'S LOUNGE, SNACK BAR AND THE GOLF PRO SHOP SALES COUNTER.
-8-
IP,.JI
V.l PRESTIGE HOSPITALITY SERVICES INC. CORPORATE PHILOSOPHY
PRESTIGE HOSPITALITY SERVICES, INC. IS BEING FORMED TO PROFITABLY
ExPLOIT A MARKET NICHE THAT EXISTS IN !lANY METROPOLITAN AREAS TODAY
AND WILL CONTINUE TO EXIST ON INTO THE FORESEEABLE FUTURE. OUR
COMPANY IS POUNDED ON THE PRINCIPLES OF "GUEST FIRST SERVICE" &
"TOTAL QUALITY !lANAGEMENT". WE RECOGNIZE THAT WITHOUT SATISFIED
CUSTOMERS FORMING OUR REPEAT BUSINESS BASE WE ARE DOOMED TO FAILURE
AND THAT IS UNACCEPTABLE.
P. H. S., INC. IS BEING FORMED AS AN EMPLOYEE OWNED AND OPERATED
COMPANY TO:
1.> GIVE MANAGEMENT AND SUPERVISORY PERSONNEL THE OPPORTUNITY TO
HAVE PARTICIPATORY INPUT IN THE !lANAGEMENT DECISIONS THAT AFFECT
THE DAY TO DAY BUSINESS OPERATION, AND ...
2. > GIVE MANAGEMENT AND SUPERVISORY PERSONNEL AN EQUITY "STAKE" IN
THE BUSINESS FORCING THEM TO "RUN IT LIKE THEY OWN IT".
THE FOOD SERVICE INDUSTRY IS AN INCREDIBLY COMPLEX DAILY SALES AND
MARKETING, DAILY MANUFACTURING, DAILY COST CONTROL AND DAILY
PRODUCT DELIVERY BUSINESS. THEREFORE, WE BELIEVE THAT THE
"K. L S. S." SYSTEM OF BUSINESS OPERATIONS IS BEST AND MOST
EFFECTIVE. WE ARE TOTALLY DEDICATED TO DOING THE BASICS WELL,
INCLUDING:
1.> COST EFFECTIVE AND MARKET SELECTIVE ADVERTISING & PROMOTIONS.
2.> COMPETITIVE PRICING WITH EXCELLENT PRICE/VALUE RELATIONSHIPS.
3.> STRICT COST CONTROLS, WHICH INCLUDE:
a.) FLEXIBLE WEEKLY AND DAILY SCHEDULING.
b.) SHIFT BY SHIFT RETAIL ACCOUNTABILITY BEVERAGE INVENTORIES.
c.> FULL MONTHLY FOOD, BEVERAGE & CONSUMABLE INVENTORIES.
d.> DAILY P & L STATEMENTS.
e.> DAILY PURCHASE JOURNALS.
f.> A COMPLETE "CLOSED LOOP" PURCHASE ORDER SYSTEM.
.4.> PROGRESSIVE PERSONNEL POLICIES AND !lANAGEMENT.
WE ARE FULLY COMMITTED TO PROVIDING A QUALITY WORK ENVIRONMENT
WHICH IS POSITIVE, MUTUALLY SUPPORTIVE, DEDICATED TO EQUAL
OPPORTUNITY AND FREE OF ANY DISCRIMINATIONS OR SEXUAL
-9-
I~" 3;1..
.~~......"'ec:,.......~ __~_.
'""
HARASSMENTS. WE WILL FULLY RECOGNIZE THE CONTRIBUTIONS AND
ACHIEVEMENTS OF BOTH THE INDIVIDUAL AND THE TEAK AS A WHOLE.
P.H.S., INC. IS ALSO COMMITTED TO BEING A GOOD CORPORATE CITIZEN
AND WILL LEAD BY EXAMPLE. WE WILL NEVER KNOWINGLY BE A CONTRIBUTOR
TO ANY ENVIRONMENTAL DEGRADATIONS. WE WILL SHOW COMPASSION FOR
THOSE IN OUR COMMUNITY WHO ARE LESS FORTUNATE AND WILL DONATE OUR
LEFTOVERS AT THE END OF OUR BUSINESS WEEK TO THE ST. VINCENT DE
PAUL/JOAN KROC CENTER FOR THE HOMELESS. WE WILL PARTICIPATE TO THE
EXTENT POSSIBLE IN OTHER CHARITABLE CAUSES TO MAKE OUR COMMUNITY A
BETTER PLACE FOR ALL.
-10-
/()~:JJ
.................................................................... .
Recao of all Deoartments:
TOTAL INCOME
Cost of Sales
GROSS PROFIT
*
100%
22%
78%
1,375,010
296.805
1,078,205
100%
22%
78%
1,539,231
332.422
1,206,809
100%
~
78%
1,723,160
372.313
1,350,847
Less Direct Expenses:
Food Dept~ <22%> <303,188>
Beverage Dept. < 7%> < 98.690>
<21%> <324,816>
< 7%> <105.976>
<21%> <357,338>
< 7%1 <127.247>
NET OPERATING INCOME 49%
676,327
50%
776,017
50%
066,262
<604,330>
< 78,177>
< 650>
183. 1 05
Pretax Net Income
<541,374>
< 62,342>
< 650~
71.961
<570,096>
( 69,812>
< 650>
Less General & Adm.
Sales Incentives
Non Re-occuring
5%
9'~
135.459 / 11%
Footnote:
The above summary has been dev~loped from managements calculations
determined monthly (using 13 periods of 4 weeks each) for each budget
year on a Lotus 123 spreadsheet. For details to all expense
categories, refer to each years supporting worksheet and a
narative on how and why such amounts were determined based
on this facility.
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'orrow $ 100,000, .at
-Payment Beglnnlng
Number Balance
1. 100,000.
2. 97,783.47
3. 95,539.23
4. 93,266.93
5. 90,966.24
6. 88,636.78
7. 86,278.21
8. 83,890.16
9. 81,472.25
10. 79,024.12
11.. 76,545.39
1 2 _ __ __---"' ~5~ 117__
13. 71,494.59
14. 68,921.74
15. 66,316.73
16. 63,679.15
17. 61,008.61
18. 58,304.68
19. 55,566.96
20. 52,795.01
21. 49,988.42
22. 47,146.74
23. 44,269.54
24. 41,356.38
25. 38,406.8
26. 35,420.35
27. 32,396.57
28. 29,335.
29. 26,235.15
30. 23,096.56
31. 19,918.73
32. 16,701.19
33. 13,443.42
34. 10,144.93
35. 6,805.21
36. 3,423.74
15. % for
Principal
Amount
2,216.53
2,244.24
2,272.29
2,300.7
2,329.45
2,358.57
2,388.05
2,417.91
2 ,448. 13
2,478.73
2,509.71
2,541.09
2,572.85
2,605.01
2,637.57
2,670.54
2,703.93
2,737.72
2,771.95
2,806.59
.2,841.68
2,877.2
2,913.16
2,949.58
2,9$6.45
3,023.78
3,061.57
3,099.85
3,138.59
3,177.83
3,217.55
3,257.77
3,298.49
3,339.72
3,381.47
3,423.74
3.
years). payment
Inl;.erest
Amount
1,250.
1,222.29
1 , 1 94 . 24
1 ,.1 65 . 84
1,137.08
1 ,107.96
1,078.48
1,048.63
1,018.4
987.8
956.82
925.45
893.68
861.52
828.~6
795.99 .
762.61
728.81
694.59
659.94
624.85
589.33
553.37.
516.95
480.09
442.75
404.96
366.69
327.94
288.71
248.98
208.76
168.04
126.81
85.07
42.8
11)';$ /,
is 3,466.53
Cumulative
Interest
1,250.
2,472.29
3,666.53
,,:.
4,832.37
5,969.45
7,077 .41
8,155.89
9,204.51
10,222.91
11,210.72
12,167.53
13,.092.98
13,986.66
14,848. 18
15,677 .14
16,473.13
17 ,235. 74
17 ,964.55
18,659.14
19,319.07
19,943.93
20,533.26
21,086.63
21,603.59
22,083.67
22,526.43
22,931.38
23,298.07
23,626.01
23,914.72
24,163.7
24,372.47
24,540.51
24,667(32
24,752.39
24,795.18
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F'RESTlGE HOSPITALITY SERVICES. INC;
PROFORMA BUDGETING ASSUMPTIONS
YEAR 1
I .) INCOME:
A.> PRICING:
FIGURES ASSUMES A 107. PRICE INCREASE IN CATERING PRICES OVER THE
CURRENT N.A.S.N.I. OFFICER"S CLUB PRICING. ALL OTHER GOODS AND
SERVICES COMPETIVELY MARKET PRICED.
B.) FOOD SALES = 567. OF TOTAL INCOME:
1.> SNACK BAR OPERATIONS = 7.11. OF TOTAL FOOD SALES:
a.> $150.00/DAY x 364 DAYS.
/
2.) "19th HOLE" = 14.97. OF TOTAL FOOD SALES:
a.) BUFFET BREAI<FA~)T: 35 COVERS " $4.50 AVE. CHECK H 364
DAYS.
b.) a 1 a CARTE LUNCH: 35 COVERS ,! $5.50 AVE. CHECK H 364
DAYS.
~;.) FRIDAY NIGHT "DIG BAND" DINNEFi DANCE = 12.27. OF TOTAL
FOOD SALES:
"l .) 150 COVERS :'; $13.00 AVE. CHECI< H 48 DAYS. (oPS.
SUSPENDED FROM THANI<SGIVING THf,U NEW YEARS FOR CATERED
EVENTS) .
4.) SUNDAY CH~ll'1PAGNE JAZZ BRUNCH = 14.11. OF TOTAL FOOD SALES,
a.) 225 COVEliS :, $10.00 AVE. CHECK x 48 DAYS. (DOES NOT
INCL. EASTER, MOTHER'S DAY, FATHER'S DAY &. THE SUNDAY
BETWEEN X-MAS & NEW YEARS EVE).
::i.) "SPECIAL EVENTS" = 3.41. OF TOTAL FOOD SALES:
..1 EASTER SUNDAY - 500 COVERS H $10.00 AVE. CHECK.
b.) l'1oTHEf,' S DAY - 500 COVERS H ~; 1 0.00 AVE. CHECI<.,
c.) FATHEf\'S DAY - 500 COVERS :.! !t>10.00 AVE. CHECf(.
d.) THANKSG I V I NG DAY BUFFET - 5(11) COVERS ,: t.12. 50 AVE.
CHECK.
e.) NE\~ YEARS EVE GALA - 150 COVERS H $25.00 AVE. CHECK ~,
150 COVERS H $10.00 AVE. CHECK.
6.) CATERING SALES = 48.31. OF TOTAL FOOD SALES,
a.) BALLF~OOt1 - 250 SEATS :{ 251. OCCUPANCY RATE" $10.00 AVE.
CHECI< . /
b.) DINING ROOM - 150 SEATS x 251. OCCUPANCY RATE K $10.00
AVE. CHECK.
c.) FRONT DAR AREA - 50 SEATS", 101. OCCUPANCY RATE x $10.00
AVE. CHECK.
** CATERING SP,LES ARE SEASONALLY ADJUSTED IN THE MONTHS OF
APRIL, MAY, JUNE, JULY, AUGUST &. SEPTEMBER FOR INCREASED
WEDDING BUSINESS AND IN DECEMBER FOR CHRISTMAS PARTIES.
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:EVERAGE SALES = 27% OF TOTAL. INCOME:
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) SNACK BAR OPERATIONS = 14.5% TOTAL BEV. SALES:
$150.00/DAY x 364 DAYS.
) "19th HOLE" = 24.2% OF TOTAL BEV. SALES:
$250.00/DAY x 364 DAYS.
) FRIDAY NIGHT "BIG BAND" DINNER DANCE = 5.7% OF TOTAL BEV.
SALES:
$450.00/DAY x 48 DAYS.
) SUNDAY CHAMPAGNE JAZZ BRUNCH = 1.2% OF TOTAL BEV. SALES:
$100.00/DAYS x 48 DAYS.
) "SPECIAL EVENTS" = 1% OF TOTAL BEV.SALES:
a.) EASTER SUNDAY - $400.00.
b.) MOTHER'S DAY - $400.00.
c.) FATHER'S DAY - $400.00.
d.) THANKSGIVING DAY BUFFET - $600.00.
e.) NEW YEARS EVE GALA - $2000.00.
) CATERING BEVERAGE SALES = 53.4% OF TOTAL BEV. SALES:
HISTORICALLY 50% OF CATERING FOOD SALES.
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OTHER INCOME = 17.5% OF TOTAL INCOME:
/
) SERVICE CHARGES RETAINED:
A 15% SERVICE CHARGE WILL BE ADDED TO ALL CATERED FOOD
SALES & CATERING HOSTED BEVERAGE SALES. WAITSTAFF AND
BAR STAFF WORKING IN SUPPORT OF THESE FUNCTIONS WILL BE
PAID A HIGHER HOURLY WAGE IN LEW OF THE TRADITIONAL
SERVICE CHARGE DISTRIBUTION, (SEE DETAILS UNDER
"SALARIES & WAGES").
) ROOM RENTALS:
~.) ROOM RENTAL FEES WILL BE CHARGED FOR ALL MEETINGS AND
CONFERENCES AT THE FOLLOWING RATES:
$ .50/PERSON FOR FOUR HOURS DR LESS;
$1.00/PERSON FOR MORE THAN FOUR UP TO EIGHT HOURS.
b.) ROOM RENTAL FEE ARE TO BE CHARGED FOR ALL WEDDING
RECEPTIONS IN LEW OF ANY 'NUSCIENCE FEES" AS FOLLOWS:
BALLROOM @ $600.00/FOUR HOUR PERIOD;
"DINING ROOM" @ $350.00/FOUR HOUR PERIOD;
FRONT BAR AREA @ $150.00/FOUR HOUR PERIOD. .
c.) THERE WILL BE NO ROOM RENTAL CHARGES FOR NORMAL "SOCIAL
FUNCTIONS WHERE MEAL AND/OR FOOD SERVICES ARE PROVIDED.
d.) THERE WILL BE A $10.00/HOUR/EMPLOYEE FEE CHARGED FOR
ALL WEDDING RECEPTIONS AND SOCIAL FUNCTIONS THAT EXTEND
BEYOND THE "STANDARD" FOUR HOUR RENTAL/USAGE TIMEFRAME.
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3.) OTHER MISC. INCOME:
a.) CONSISTS OF CANDLE SALES, MARK UPS FOR DECORATIONS AND
CENTERPIECES, VENDER REFERAL FEES, ETC.
II.) EXPENSES:
A.) COST OF GOODS:
1.) FOOD DEPARTMENT:
IT IS ASSUMED THAT.THE FOOD DEPARTMENT WILL OPERATE ON A
COMBINED 28% C.O.G., BROKEN DOWN AS FOLLOWS:
a.) SNACK BAR @ 40% COST.
b.) "19th HOLE" BREAKFAST & LUNCH @ 35% COST.
c.) FRIDAY NIGHT "BIG BAND" DINNER DANCE @ 35% COST.
d.) SUNDAY CHAMPAGNE JAZZ BRUNCH @ 22% COST.
e.) CATERING FOOD SALES @ 26% COST.
2.) BEVERAGE DEPARTMENT:
IT IS ASSUMED THAT THE BEVERAGE DEPARTMENT WILL OPERATE
ON A COMBINED 221. COST BASIS, BROKEN DOWN AS FOLLOWJ:
a.) SNACK BAR @ 451. COST.
b.) "19th HOLE" @ 25% COST.
c.) FRIDAY NIGHT "BIG BAND" DINNER DANCE @ 17% COST.
d.) SUNDAY CHAMPAGNE JAZZ BRUNCH @ 22% COST.
e.) CATERING BEVERAGE SALES @ 201. COST.
B.) SALARIES & WAGES, TAXES & "BENNIES":
1.) FULL TIME SALARIED EMPLOYEES:
a.) MANAGING DIRECTOR @ $40,000.OO/YEAR, G&A.
b.) COMPTROLLER @ $25,000.OO/YEAR, G&A.
c.) ASSISTANT COMPTROLLER @ $25,OOO.OO/YEAR, G&A.
d.) MARKETING DIRECTOR @ $25,OOO.OO/YEAR, G&A.
e.) CATERING SALES ASSOCIATE @ $18,OOO.OO/YEAR + 1% OF
TOTAL CATERING SALES INCOME GENERATED, G&A.,
f.) EXECUTIVE CHEF @ 25,OOO.OO/YEAR, FOOD DEPT.
g.) SOUS CHEF @ $15,OOO.OO/YEAR, FOOD DEPT.
h.) DINING ROOM MANAGER @ $15,OOO.00/YEAR + 1% DINING
ROOM SALES, FOOD DEPT.
i.) BANQUET MANAGER @ $15,OOO.OO/YEAR + 2% CATERING FOOD
SALES, FOOD DEPT.
j.) BEVERAGE DEPT./SNACK BAR MANAGER @ $15,000.00 + 2%
TOTAL BEVERAGE SALES, BEVERAGE DEPT. '
k.) CATERING ADMIN. ASSISTANT @ $15,000.OO/YEAR + .51. OF
TOTAL CATERING SALES INCOME GENERATED, G&A.
1.) PURCHASING AGENT @ $15,OOO.00/YEAR, G&A.
m.) RECEIVING/STOREROOM AGENT @ $15,000.00/YEAR, G&A.
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2.) WAGE GRADE EMPLOYEES:
a.) SNACK BAR ATTENDENTS - 2 @ $6.50/HR., VARIABLE
SCHED., 50% FOOD DEPT. 50% BEV. DEPT.
b.) BANQUET HOUSEMEN - 2 @ $B.OO/HR. FULL TIME, G&A. /
c.) JANITOR - 1 @ $7.50/HR. FULL TIME., G&A.
d.) COOKS - 3 @ $8.00/HR. VARIABLE SCHED., FOOD DEPT.
e.) D.M.O.- 2 @ $6.50/HR. VARIABLE SCHED., FOOD DEPT.
f.) WAITSTAFF DURING NON-CATERING FUNCTIONS - 20-25 @
MINIMUM WAGE + GRATUITIES, VARIABLE SCHED., FOOD
DEPT.
g.) BARSTAFF FOR NON-CATERING SERVICE - 5 @ $6.00/HR. +
GRATUITIES, 1 FULL TIME & 4 VARIABLE SCHED., BEV.
DEPT.
h.) WAITSTAFF DURING CATERED FUNCTIONS - SAME 20-25 AS
ABOVE @ $7.50/HR. FLAT RATE, FOOD DEPT.
i.) BARSTAFF DURING CATERED FUNCTIONS - SAME 5 AS ABOVE
@ $8.50/HR. FLAT RATE, BEV, DEPT.
,
3.) F.I.C.A.:
a.) @ 7.65% OF GROSS SALARIES & WAGES.
4.) STATE & FEDERAL UNEMPLOYMENT TAXES:
a.) @ 3.4% GROSS SALARIES & WAGES -.STATE.
b.) @ 0.8% GROSS SALARIES & WAGES - FED.
5.) VACATION PAY ACCURAL:
a.) @ 7.7% GROSS WAGES OF QUALIFIED FULL TIME EMPLOYEE ONLY.
6.) MEDICAL/DENTAL/OPTICAL/LIFE INSURANCE:
a.) @ 8.0% GROSS WAGES OF SALARIED & QUALIFIED FULL TIME EMPLOYEES
ONLY.
.
) ALL OTHER DIRECT DEPARTMENTAL EXPENSES:
1.) BASED ON HISTORICAL OPERATIONAL DATA.
/
) GENERAL & ADMINISTRATIVE EXpeNSES;
1.) SALARIES & WAGES, TAXES & "BENNIES" AS OUTLINED ABOVE.
2.) WoRKERS COMPo & OCCUPATIONAL INSURANCES:
a.) @ 7.75% OF GROSS WAGES OF ALL QUALIFIABLE EMPLOYEES
PLUS $10,000.00/YEAR IN PROPERTY & INSURANCE
PREMIUMS.
3.) PROPERTY TAXES;
a.) ESTIMATED.
4.) LICENSES, FEES & BUSINESS TAXES:
a.) LIQUOR LICENSE AMORTIZATION.
b.) INCORPORATION & FRANCHISE TAX FEES.
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5.> LEASE EXPENSE;
a.> PER PRIMARY LEASE.
6.> UTILITIES EXPENSES:
a.> PER HISTORICAL DATA.
7.> ALL OTHER G&A EXPENSES:
a.> BASED ON HISTORICAL OPERATIONAL DATA & EXPERIENCE.
E.> OTHER EXPENSES:
I.> SALES INCENTIVES DISTRIBUTED:
a.> AS OUTLINED UNDER "SALARIES & WAGES' ABOVE.
YEAR 2:
1. INCOME:
IT IS ASSUMED THAT INCOME, (FOOD, BEVERAGE. & OTHER>, WILL INCREASE BY NOT
LESS THAN 12::1. IN YEAR 2. THIS INCREASE IS REFLECTIVE OF THE ACTUAL INCREASES
EXPERIENCED IN EACH OF THE LAST FOUR YEARS AT THE NORTH ISLAND O'CLUB. IT
IS FURTHER ASSUMED THAT PRICING WILL INCREASE BY 4::1. IN YEAR TWO TO KEEP PACE
~ITH THE 4::1. COST OF LIVING WAGE INCREASE BUDGETED TO BE GIVEN TO ALL SALARIED
& FULL TIME EMPLOYEES.
II. EXPENSES:
A.> COST OF GOODS:
1. > FOOD:
a.> WILL REMAIN RELATIVELY STABLE AT 28% WITH THE 4::1. PRICE INCREASE.
2.) BEVERAGE: ,;
a. > WILL REMAIN RELATIVELY STABLE AT 22% WITH THE 4% PRICE INCREASE.
B.> SALARIES & WAGES, TAXES & "BENNIES" :
I.> AS MENTIONED ABOVE THE FIGURE REFLECT A 4::1. COST OF LIVING
INCREASE FOR ALL SALARIED & FULL TIME WAGE GRADE EMP~OYEES. TAXES
& "I3ENNIES" ALSO REFLECT THE 47. INCREASE.
C.> ALL OTHER DIRECT DEPARTMENTAL EXPENSES:
1.> IT IS ASSUMED THAT THESE COSTS ARE RELATIVELY "FIXED" IN NATURE AND
DO NOT VARY WITH VOLUME.
D.> GENERAL & ADMINISTRATIVE EXPENSES:
. 1. > SALARIES & WAGES, TAXES & "BENNIES" ADJUSTED AS OUTLINED ABOVE.
2.> WORKERS COMPo & OCCUPATIONAL INSURANCES:
a.> INCREASES IN WORKERS COMPo REFLECT THE 4::1. COST OF LIVING ALLOWANCE.
b. > IT IS ASSUMED THAT OCCUPATIONAL INSURANCES ARE RELAT.IVELY "FIXED"
IN NATURE AND DO NOT VARY WITH VOLUME.
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.) PROPERTY TAXES:
a.) ASSUMED TO BE "FIXED" IN NATURE & DO NOT VARY WITH VOLUME.
.) LICENSES, FEES & BUSINESS TAXES:
a.) ASSUMED TO BE RELATIVELY "FIXED" IN NATURE & DO NOT VARY WITH
VOLUME.
.) LEASE EXPENSE:
a.) PER PRIMARY LEASE.
.) UTILITIES EXPENSE:
a.) ASSUMED TO VARY WITH VOLUME AND REFLECTS THIS.
.1 ALL OTHER G&A EXPENSES:
a.l BASED ON HISTORICAL OPERATIONAL DATA & EXPERIENCE,
BE RELATIVELY "FIXED".
/
MOST ASSUMED TO
OTHER EXPENSES:
.) SALES INCENTIVES DIRTRIBUTED:
a.l ADJUSTED TO REFLECT INCREASED SALES VOLUMES.
.u
~O_ME:_
ASSUMED THAT INCOME, (FOOD, BEVERAGE & OTHER), WILL INCREASE BY NOT
-HAN 12'1. IN YEAR 3. THIS INCREASE IS REFLECTIVE OF THE ACTUAL INCREASES
fENCED IN EACH OF THE LAST FOUR YEARS AT THE NORTH ISLAND O'CLUB. IT
,THER ASSUMED THAT PRICING WILL INCREASE BY 4% IN YEAR TWO TO KEEP PACE
HE 4'1. COST OF LIVING WAGE INCREASE BUDGETED TO BE GIVEN TO ALL SALARIED
_ TIME EMPLOYEES.
(PENSES:
COST OF GOODS:
. I FOOD:
a. I WILL REMAIN RELATIVELY STABLE AT 28% WITH THE 47- PRICE INCREASE.
. ) BEVERAGE:
a. ) WILL REMAIN RELATIVELY STABLE AT 227- WITH THE 47- PRICE INCREASE.
SALARIES 8< WAGES, TAXES & "BENNIES" :
.) AS MENTIONED ABOVE THE FIGURE REFLECT A 47- COST OF LIVING INCREASE
FOR ALL SALARIED & FULL TIME WAGE GRADE EMPLOYEES. TAXES & "BENNIES"
ALSO REFLECT THE 47- INCREASE. . /
ALL OTHER DIRECT DEPARTMENTAL EXPENSES:
.1 IT IS ASSUMED THAT THESE COSTS ARE RELATIVELY "FIXED" IN NATURE AND
DO NOT VARY WITH VOLUME.
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oD.)o GENERAL & ADMINISTRATIVE EXPENSES:
1.) SALARIES & WAGES, TAXES & "BENNIES" ADJUSTED AS OUTLINED ABOVE.
2.) WORKERS COMPo & OCCUPATIONAL INSURANCES:
a.) INCREASES IN WORKERS COMPo REFLECT THE 47. COST OF LIVING ALLOWANCE.
b.) IT 15 ASSUMED THAT OCCUPATIONAL INSURANCES ARE RELATIVELY "FIXED"
IN NATURE AND DO NOT VARY WITH VOLUME.
3.) PROPERTY TAXES:
a.) ASSUMED TO BE "FIXED" IN NATURE & DO NOT VARY WITH VOLUME.
4.) LICENSES, FEES & BUSINESS TAXES:
a.) ASSUMED TO BE RELATIVELY "FIXED" IN NATURE & DO NOT VARY WITH
VOLUME.
.
5.) LEASE EXPENSE:
a.) PER PRIMARY LEASE.
6.) UTILITIES EXPENSE:
a.) ASSUMED TO VARY WITH VOLUME AND REFLECTS THIS.
7.) ALL OTHER G&A EXPENSES:
a.) BASED ON HISTORICAL OPERATIONAL DATA & EXPERIENCE, MOST ASSUMED TO
BE RELATIVELY "FIXED".
E.) OTHER EXPENSES:
1.) SALES INCENTIVES DIRTRIBUTED:
a.) ADJUSTED TO REFLECT INCREASE SALES VOLUMES.
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Take a 'looJ~ at. our let.t.ers
of recoll'lmendation
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PRESTIGE HOSPITALITY SERVICES. INC.
Name
Executive Committee:
C.E.Campion
Margaret Patt
Oal Smith
Emoloyee / Minority
Mandy Spencer
Morg Stevens
Zena Sullivan
Irene Bejarano
Lawanna Mason
Sandra Mason
Julia Taylor
Management Team
Date of
Birth
Position
Annual Salary
4-24-54
11-28-34
11=18-33
President & C.E.O
S/Vice Pres.Marketing
Sect'y/Treas.C.F.O.
$ 40,000.00
25,000.00
25,000.00
Stockholders:
4-11-33 Accountant
6- 1-45 Catering Sales Mgr.
2- 4-45 Purchasing Mgr.
1-16-60 Storeroom Mgr.
7-15-40 Oineing Room Mgr.
6- 2-61 Banquet Mgr.
9- 1-57 Catering Adm. Asst.
25,000.00
18,000.00
15,000.00
15,000.00
15,000.00
15,000.00
15.000.00
Total Salaries Bud~eted 208.000.00
Note:
A 11 of the above have 'j nvested into the Company and have
taken reduc~d salaries based on the opportunity offered.
/
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Professional Resume of
C. E. Campion
Work Address: Commissioned Officers' Mess, Box 30, Building "X"
Naval Air Station North Island, San Diego, CA 92135
Commercial: (619) 545-6946 Autovon: 735-6946
Home Address: 1040 Isabella Ave., Coronado, CA 92118
Commercial: (619) 435-3643
Professional Historv
9/87-Present: Clubs Division Director
Naval Air Station North Island, San Diego, CA
Strategically and tactically responsible for the operation of
three Navy clubs aboard the Air Station with a combined sales
volume in excess of $2.5 M. annually. I am responsible for the
development and implementation of new menu concepts at each
location, asset management, divisional procurement, budget
development and implementation, marketing plans and designing a
divisional training program for the 150 employees. Overall sales
in my division have increased by no less than 12% per year for the
last four years in a row. I am currently operating the single
most profitable Naval Officers' Club on the \'Jest Coast of the
United States.
4/90-12/91: Moral, Welfare & Recreation Director, (Acting)
Naval Air Station North Island, San Diego, CA
Immediate Supervisor: Cdr. G.A. Powell, USN
Strategically and tactically responsible for the $9. 2M. Morale,
Welfare & Recreation Department with over twenty operating units.
The units are comprised of recreational units, food service units
and a Central Support Services Organization. The Department
currently employes over 450 people responsible for providing
recreational and social programming to the Active Duty and other
authorized patrons. When I relieved my predecessor in April of
this year the department had an acid test ratio of .6 to 1 and a
minus funds available of <$486,000.00>. As of the end of
December, 1990, the department's acid test ratio was 2.7 to 1 with
positive $575,616.90 funds available. This represents a positive
swing in cash flow of $1,061,000.00 in nine months. This was
accomplished while working only half days as Acting Moral, Welfare
& Recreation Director and half days in my continuing capacity as
Clubs Division Director.
11/ "'lf1
11/86-9/87: Manager, Commissioned Officers' Club
Naval Air Station North Island, San Diego, CA
Immediate Supervisor: Mr. J.P. Mauro
I
Strategically and tactically responsible for the fiscal and
operational running of the Officer's Club. Under my direction the
facility has introduced five new menu concepts in four years and
.has had 8 sustained sales growth of not less than 12% per year
while accomplishing a positive net profi tabili ty swing of over
$460.0K. I have personally overseen the procurement and
installation of over $600.0 K. in capital improvements to the
facility in the last four years.
3/86-11/86: Director of Food and Beverage
Sheraton Round Barn Inn, Santa Rosa, CA
Immediate Supervisor: Mr. Thomas Zeisel
I was responsible for the day to day operations of the Food and
Beverage department which consisted. of: a 280 seat gourmet
restaurant, 8 200 seat cocktail lounge and in excess of 5000 sq.
ft. of catering space. The sales volume for the operation was
52.5 M. with a net departmental profit of just over 20%. I was
responsible for the designing, developing and implementation of
all new menu concepts, the "Priority One" training program and
developing all S.O.P. 's relating to the day to day operations. .1
was also responsible for developing and implementing the food and
beverage marketing plan. I had seven mid-level managers reporting
directly to me.
.
2/85-10/85: Director of Food and Beverage
Sheraton Tacoma Hotel, Tacoma, WA
Immediate Supervisor: Mr. Robert Van Bergen
I was totally responsible for the operation of two restaurants,
two lounges and catering sales and banquet services for up to 2400
people. I designed, developed and implemented eight new menu
concepts in eight months. I supervised, directed and coordinated
the efforts of 145 employees in 6 departments generating 8 $4.0 M.
sales volume and producing an 580,000.00 per month departmental
profit swing in only eight months time.
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12/83-12/84: Western Regional Food and Beverage Director
Mariner Management Corporation, Houston, TX
Immediate Supervisor: Mr. Larry Ahlquist
Totally responsible for coordinating the operation of eighteen
restaurants, fifteen lounges and night clubs and catering
operations in ten hotels located in three states with total
regional sales in excess of $22.0 M. a year. I designed,
developed and implemented physical and conceptual renovations in
five restaurants and three bars/night clubs. I supervised the
opening of the food and beverage departments in two new hotels and
during the acquisition of two others. I developed, implemented
and monitored service, kitchen and catering department standards
region wide.
5/82-12/83: Director of Catering
Doubletree Hotel, Houston, TX
Immediate Supervisor: Mr. William Stafford
Responsible of the selling,
ballroom and meeting space of
sales with a 30% departmental
sales and service personnel.
marketing and servicing of the
the hotel. Produced $2.0 M. in
net profit, while supervising 35
1/80-5/82: Catering Sales Representative
Westin Hotels, Tulsa, OK
Immediate Supervisor: Mr. Donald Drayne
Booked catering sales business in excess of $1.0 M. per year.
5/79-10/79: Executive Chef
Lost Valley Ranch, Sedalia, CO
Immediate Supervisor: Mr. Robert Foster, Jr.
Responsible for the planning, procurement and production of 450
meals per day, seven days a week during the summer season.
4/78-10/78: General Manager
Ithaca Yacht Club, Ithaca, NY
Responsible for designing, developing and implementing
season's program including budgeting, grounds and
maintenance, menu design and development, personnel
special event programming and teaching programs.
the entire
facilities
functions,
/I)"'~/
Educational Historv
BS Degree 1979 School of Hotel Administration, Cornell University
Classes and Awards
Pilot Course: Management of Navy Clubs and Messes: Pilot Course:
U.S. Navy Advanced Club Managers Course: Task Force Leader Navy
Wide Clubs Operational and Financial Standards: Sustained Superior
Performance Awards 1989 and 1990: Outstanding performance
evaluations 1988, 1989, 1990. Member Chef de Cuisine Association.
Personal
Happily Married: Height: 6'5"; Weight: 200#: Health: excellent:
Member Cornell Society of Hotelmen: Flag Member Coronado Yacht
Club: Owner of the oldest privately owned Corinthian yacht in the
Ancient Marnier' s Sailing Society of San Diego: I have more the
20,000 miles of blue water cruising and racing experience.
Salary history and references available upon request.
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DAL O.SMITH
8914 Memike Place
San Diego,CA 92119
(619) 697-1625
EMPLOYMENT:
------------------------------------------------------------
8/78 - Present
3/76 - 8/78
6/72 - 3/76
11/69 - 6/72
6/62 - 11/69
6/56 - 6/62
EDUCATION:
ACCOUNTING PRACTICE - Houston, New O~eans
San Diego. dba, The Mardal Company /
Self Employment related to Corporate
Accounting,Planning and Problem sOlving.
International Finance (see attached):
Swiss Bank Corp. - membership 1979-1983
CONTROLLER, New Orleans
Fasullo DruQs.Inc.
CFO of Retail drug store chain of twelve
stores in the New Orleans Area. Joseph
Fasullo,president 35 Howard - Gretna,LA
(504) 367-8877
SENIOR ACCOUNTANT - C.P.A Firm
DuPlantier.Hraomann.HoQan ~ Maher
Richards Building New Orleans,LA 70112
Large Local Firm 40+staff members.
Supervisory position on Audits. Corporate
tax and financial planning.
A.J.DuPlantier C.P.A. (504) 283-0696
James Maher C.P.A. (504) 464-7967
FAR EAST PARTNER in Hong Kong
International Arts & Imoort Co.
Queens Road,Yictoria,Hong Kong.Family
business with main offices in Alanta. CFO
position with financial management assist
to client manufacturing.
SECT'Y/TREASURER and GENERAL MANAGER
International Cold StoraQe.lnc. Arabi,LA
.
Employed by the same ownership during
this time.period inwhich I began as
Controller of the Parent Company,
W.H.HodQes & Co. Inc. Also on the board of
directors of HodQes Stockyards. Inc.
.
SENIOR ACCOUNTANT - C.P.A Firm
Denis A.Barry & Co. New Orleans
Clifton A.Morvant,C.P.A. 8008 Spruce St.
New Orleans,LA 70118 (504) 861-7169
Tulane University,New Orleans - BBA with /
major in Accounting - C.P.A. 10 years in
Public Accounting, also attended Loyola
University,New Orleans - Courses in
Computer Science.
/P --5:;
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In an associated group of professionals that were directly involved in arranging long term
international funds for the private sector and government clients. Retaining membership
in this inner circle was based upon the individual credibility and performance of oach
participant who could originate or conclude bank to bank transactions using only prime
world bank collateral guarantt;les. As difficult as this appears from outside the banking
community, much can be accomplished by who you know and trust and by,pooling your
efforts with others, which was the reason to form such a close knit group where capacity
for outside principals were examined closely by members who were also agents for
Interpol's central office in Paris and the BFV (Bundesamt Fur Vorfassungsschutz), West
Germany's counter intelligence service. /
The group included lendors agents, funds trustees, and brokers. Loan points were the
accepted method of compensation, communication by Telex, and rates.quoted to tie into
USOR, the London interbank offer rate, which is tho floating interest rate at which large
banks lend to each other.
B-class and money-center banks and foreign central banks were only used to provide the
flow of Mideast petrodollars in which the receiving bank could pass down funds to the end
user borrower in accordance with ICC rules of finance (International Chamber of
Commerce). Transactions were usually above 50 million. This association was formed
around a Swiss banking corporation in Basel. ''A few of the contacts were confidentially
placed in the following nine of the largest commercial banks in Contral Europe.
SWISS BANK CORPORATION
UNION BANK OF SWITZERLAND
CREDIT SUISSE
DEUTSCHE BANK
DRESDNER BANK
COMMERZBANK
CREDITANANSTALT - BANKVEREIN
AMSTERDAM - ROTTERDAM BANK
KREDlESANK OF LUXEMBOURGE
"
Other brokered transactions within the group included interest rate swaps which were
agreements where two banks exchange interest payments on tho sam9 amount of money
for the same period of time. No principal is evor involved only swaps'between noating
and fixed rates on speculation of either bank depending upon rates moving oither up or
down. Our Houston group also arranged for long term oil purchaso contracts between
producers and refiners and payment delivery schedules were financed a9d letters of credit
issued in compensation for a small price per barrel off loaded. ,
Lendor's agents and trustees in the group had fiducia.ry responsibility and approved all
new members. A broker had to bo recommended and if American, a file is created on '
him at NSA and CIA.
Dal O. Smith, Member 1979-1983
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RES U M E
Margaret patt
8914 Memike Pl. San Diego, CA. 92119
(619) 697-1625
SUMMARY OF EXPERIENCE:
Self employed business woman, with past ownership of various
business in San Diego, with emphasis on Commercial Real
Estate Sales and sales of Companies. Very flexable in
transition from one enterprise to the next, which has
resulted from many years of on hands experience in
adminstration and supervision, also including the following:
Personnel Training .., Office Management ... Business
Coordination .,. Billing and Collection ... Public/
Relations
Marketing
WORK HISTORY:
12/83 to Present -
In San Diego
4/78 to 12/83
In San Diego
3/73 to 4/78
In Ohio
EDUCA nON:
Business promotions ... Advertising
Merchandising ... New Business Start up
Self employed Real Estate Broker with
speciality in Commercial Real Estate.
Member of San Diego Board of Realtors
Top Producer and Top Listing awards.
Private Investor in income properties.
Partner in the Mardal Company.
California Insurance License.
Owner and president of Margaret's House
of Beauty
Owner and President of Pure Water for
Less, water systems.
Independent contractor for Data Link
design and sell phone systems, largest
account - County of San Diego.
Fashion representive for Fashion Wagon.
Responsible for organizing, promoting
and mangeing fashions shows.
Origi~ated the "~ngaged girls program",
coordinator for Weddings for Welcome
Wagon Co.
LakelandCollege, Ohio - BBA degree in
Bus. Adm.
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Attachment C
~l1BL_EAS.E
This SUBLEASE is made and entered into this -11- day of
/?I~ ,19<)2 by and between AMERICAN GOLF CORPORATION, a
Cali ornia corporation (referred to variously hereafter as
"Sublessor". llLessee", or IlAGe" as the nature of the agreement may
require). and PIIS COMPANY, a legal business trust,' dba PRESTIGE
HOSPITALITY SERVICES (referred to variously hereafter as
"Sublessee" or "PHS" as the nature of the agreement may require).
RECIIA.L.s'
A. AGe is lessee of that certain restaurant and bar facility
commonly kllowlI as South Bay Hestaurant and more particularly
describpd ill Spclioll 1 helow ("Restaurant" or "Premises"), localE"d
at thc' Chllla Vista Golf COllrse>. City of Chula Vista, California.
pursuanL tn that c(;-)rLain Lease Agree'ment ("Lease") entered inlo
July I, 1986 between The City of Chula Vista. a municipal
corporation. ("Lessor" or "City"). as lessor, and Sublessol' as
lessp.p.
B. A copy of the Lease is attached to this Sublease as
ExhiJ2iL_~. Exhibit A is made a part of the Sublease for all
purposes and may be amended only by mutal consent of Lessor and
Lessee.
C. PIIS desires to sublease from AGC the Premises upon the
terms, covenants and conditions hereinafter set forth.
NOW, THEREFORE, with reference to the forgoing Recitals ami in
consiJeratioll of the mutual promises and covenants contained
herein, Sublessor and Sublessee hereby agree as follows:
MJREEMENT
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l. Prel.l!Jl'e.,?. Effective~~, 1992 (the "Effective
Date"), Sublessor subleases to Sublessee and Sublessee subleases
from Sublessor the Premises consisting of (a) a restaurant. bar,
golfers lounge and banquet facilities commonly known as South Bay
Reasturant located at the Chula Vista Golf Course in the City of
ChtJla ViHLa. Sail lJi('go COllnty. CnJ irot'nia, (Il) ^ Ilotl.pxclusivp t-ighl
to use the walkways, landscaped areas, and grounds immediately
adjacent to the Hestaurant, and (c) a nonexclusive right to use the
parking lot adjacent to the Restaurant building, which parking lot
is used by the Restaurant, the Chula Vista Golf Course and the
genc>rn1 pub1 Ie for accpss to the ndjncpnt jogging/riding trnils.
The parties acknowledge that the Premises do not include the lower
level of th,' HE'stauI"ant building, which is used by AGC for storagE',
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maintpnance, and repair of golf carLs used in the operation of Lhe
Chuln Vista Golf Course. Sublessor and Sublessee shall cooperaLe
with ench oLher as to their joint or separate uses of the Premises.
2. Personal Property.
(a) Owned Property. As part of this Sublease, Sublessor
also subleases to Sublessee and Sublessee subleases from Sublessor
all personal property now used in the operation of the Premises
(the "Personal Property"). A listing of the Personal Property
subject to the Sublease is attached to this Sublease as Exhibit
"B". All of the Personal Property which is listed on Exhibit "B"
is owned by City or Sublessor (the "Owned Personal Property") with
the specific exceplion of those items of Personal Property which
are listed'as leased and which are referred to in Section 2(b) of
this Sublease and Exhibit "C" lo this Sublease (the "Leased
Persollal ProperLy"). Sublessee's l'psponsibilit.y for repair and
maintenance of all Personal Properly, bolh Owned and Leased, is
described in Section 12 of this Sublease, as well as Sublessee's
obI iga lions wi lh regard to the return of said Personal Property
upon f~xpjrat.i()lI.or p:ll']ipr Lermination of this Sl1b]C'[\sp.
(I)) Lp.ast'd_Jll..yp~'",~_Ly.. SlIl,ll"sSP(? also agl"C'l"S Lo. and as a
condiLion of this SubleasE' shall, assume all Ip3scs of equipment
("Eqllipml:.:'llt. Lpasps"). except the ]c-:-ase for the copy machine, used
in Lilt.' opera L i UII of lhe Ih~s Laurant . If. however, Subl essol' and
Sublessee nt'" un'lbJe to arrange wilh lhe third-party lessors of the
Leased Personal Property for the successful assignment and
assumption of all acceptable Equipment Leases (without cost
increases to Sublessee and gain the release of Sublessor
thereunder) on or after the Effective Date, Sublessor acknowledges
that Sublessee shall not be bound or obligated to assume or satisfy
Sublessor's obligations in any form. In the event Sublessee does
not assume a particular Equipment Lease pursuant to the immediately
preceding sente'nce and Sublessee desires to continue to use the
Leased Personal Property subject to such Equipment Lease, then
Sublessee shall pay to Sublessor additional rent under this
Sublease equal to the amount of rent and other monetary obligations
of Sublessor under such Equipment Lease, and such additional rent
shall be due and payable on or before the time when Sublessor is
required to pay Lhe rent and other monetary obligations under such
Equipmrnt. Lr;HH-". ^ 11Rling of nIl Equipmpnl J,eC\sps subjPct to
assignlllent and assumplion is attached Lo this Sublease as Exhibit
"D".
(c)
that certain
License (the
Liquor License. Sublessor presently holds title to
On-Sale General Eating Place Alcoholic Beverage
"Restaurant Liquor License"), No. 47-172390, and
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Duplicate License No. 47- 172390-001 issued by the California
Departmcnt of Al cohol ic Beverage Control ("ABC"). Sublessor agrees
to sell the Restaurant Liquor License to Sublessee for six thousand
dollars ($6,000.00) ("Liquor License Purchase Price") and for the
fair market dollar value of the existing liquor inventory as of the
Effective Date, and Sublessee shall pay all transfer fees, escrow
fees, and other charges for transfer of the Restaurant Liquor
License to Sublessee including all fees for a temporary license.
Sublessee shall be responsible for consummating the transfer of the
Restaurant Liquor License to Sublessee including preparing all
applications and other documents and opening escrow, and Sublessor
agrees to cooperate with Sublessee in all resonable respects.
Subl essor further agrees to execute a surrender form as part of the
transfer p"ocess in order that Sublessee may also obtain a
temporary 1 icense. Sublessee hereby agrees tha t upon the
expiration or earlier termination of this Sublease, Sublessor shall
have the right to huy back the Restaurant Liquor License from
Sublessee for the Liquor License Purchase Price and for the fair
market dollar value of the existing liquor inventory, (to a maximum
dollar valup not to excecd $15,000.(0), as of the new Effcctive
Date. If Sublessor elects to buy back the Restaurant Liquor
LicpnsQ, Subl essor shall be responsible for consummating the
transfc'r of the' R"staurant Liquor License to Sublessor including
pr<:"p:tr'ing all applications and oLhE"t' doctllllC'nls and opening PHero\\',
and Suldess,'p agrees to cooperate with Sublessor in all reasonable
resl't'cLs. SublessC:'e further agrees t.o execute a surrender form as
part of th,.' t,'ansfer process in order that Sublessor may also
obtain a temporary license.
If Suulessee is not able to obtain a temporary 1 iquor
license prior to the Effective Date, Sublessor and Sublessee shall
enlpJ' iIllo a management agreement., in form and substance acceptable
by the parties, whereby Sublessee shall manage the sale of
alcoholic beverages at the Restaurant on Sublessor's behalf and for
Sublessor's account until such time as Sublessee's temporary
license is issued. Sublessee agrees to indemnify and defend City
and Sublessor from any charges stemming or resulting from the sale
or consumption of alcoholic beverages on the Premises beginning on
or after the Effective Date and Sublessor agrees to indemnify and
defend Sublessee from any charges stemming or resulting from the
sale or consumption of alcoholic beverages on the Premises prior to
the Effective Date.
3. Se,.-v iy_elVendor C;ontracts. Sublessee al so agrees to the
assumpLion of all Sublessor's obligations under the pre-existing
sel'vic(l cOlllracLs ("Service Agreementsll) with various vendors
provirlpd that each contract -assumption does not result in an
immediate and unreasonable increase in fees paid for said services
used in thl' operation of the Restaurant. Sublessee shall havE'
thirty (3U) days from the Effective DatE' to examine all Sl'l'vice
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AgreemC'nts nnu if, in the exercise of its reasonable commercial
judgpm0nt. Sublessee determines that it would be in the best
itlLc'n'~-;L of Suhl(~8S('C' IloL Lo assuIIIP a particular Service Agrpl..;>IHPIlL.
Sublessor agrees to attempt to work with Sublessee in seeking to
cancpl the Sp,'viep Agreement in fluestion. If Sublessor and
Sublpssee cannot satisfactorily arrange with each third-party
vendor' for lhe accpplable assignmenL and assumpLion of each Service
Agrepmpnt (and the ,'elease of the Sublessor thereunder) on or after
the Effective Date, Sublessor acknowledges that Sublessee shall nQi
be bound or obI i ga tcd to assume or sat i s fy Subl essor' s obI iga t ions
in any form. A listing of all Service Agreements subject to
assumption consideration is attached to this Sublease as Exhibit
liE".
4. Other Contracts, Sublessee also agrees to assume and
perform all Sublessor's obligations under all contracts and
agrcempnts providing for the use by third-parties of any part of
the Premises on or after the Effective Date, including banquets,
meetings, weddings, parties, and other group functions
(colh,ctively, the "Contracts"). Sublessee hereby agrees to
indemnify, dpfcnd and hold hamless Sublessor from and against all
claims. damages and 1 ialJi 1 i ties relating to and arising from the
perfon""nce by Sublessee on or after the Effective Date of all
Sublessor's obligations under the Contracts. A list of all known
Contracts CIS of the Effective Date is attached to this Sublease as
Exhibit "F". Priol' to the Effective Date, Sublessor shall provide
Sublessee a comprehpnsive listing of all Contracts with prepayments
"on account" and shall pay to Sublessee an amount equal to all
deposits received by Sublessor for Contracts relating to the period
on or after the Effective Date.
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5. Incorporation of Lease. Except as otherwise specifically
provided in the Sublease, Sublessee agrees to perform, observe,
abide by and be governed by all terms and obligations of Lessee
under the Lease, and Sublessee agrees that the Lease shall remain
in fu] I force and effect as applied to Sublessee. Sublessor shall
be entitled to enforce all terms and provisions of the Lease
against Sublessee as if Sublessor were. in fact, the Lessor. For
pur}>os(~s of Sublessee's performance of all convenants, obligalions.
and l.el'lus of UlP Lpase, Sublessor sha]] be considered the "Lpsso1'''
under the !'<'asp and Sublessee shall be considered the "Lessee"
under the Lease.
G. Mo<!itjcations to
only, the provisions of
subject to the following
Lease. For purposes of th i s Subl ease
the Lease, as incorporated herein, are
modifications or deletions:
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(a) In .\11 JH'ovisiollS l'pquiring Lhl" approval or consenl
of City, Sublessee shall first bL' required to obtain the approval
or consent of Sublessor. Sublessor shall forward to Ci ty such
reasonable requests as Sublessee may submi t for approval and/or
consent from City. Subject to arbitration, Sublessor shall not
unreasonably withhold its approval for submitted items.
(h) The following Sections of the Lease shall not be
incorporated herein by reference: Sections 4, 6, and 27.
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7. Term. The term of this Sublease ("Term") shall commence on
the Effective Date. Unless otherwise extended or terminated
earlier as provided below or pursuant to the Lease, the Sublease
Term shall end June 30, 1996.
(a) Pursuant to the terms of Section 4(A) of the Lease,
Lessee has the option to extend the term of the Lease for two
periods of tell years each (the "Option" or collectively, the
"Options"). The parties acknowledge and understand that these
"Opt ions" pass through unencumbered to the benef i t of Subl essee
provided that Suhlpssee is not in breach or default of lhis
Sublease or the underlying Lease and provided that Sublessor
intends to exercise its Option under the Lease. It is acknowledged
lhaL ],psSPC' musL givE' Lessor Jlolicp of iLs intention to E>xPt'cisp
the Option no later than 180 days prior to the expiration of the
Lease term then in pffect. Therefore, Sublessee must delivpr its
written notice to Sublessor no later than 210 days prior to the
expiration of the Term of this Sublease then in effect of
Sublessee's desire to extend the Sublease Term for the Option
period, and in such event Sublessor agrees to exercise or not to
exercise the Option without delay. Nothing contained in this
section shall construe to require Sublessor to pass through the
Options unencumbered to Sublessee if Sublessee is in default or
breach of any of its obligations under the Sublease or the Lease.
Subject to arbitration, Sublessor shall be the sole judge of what
constitutes a breach or a default. In the event that Sublessee is
in breach or default, Sublessor may still elect to exercise its
Option, and such exercise shall not waive Sublessee's breach or
default or any rights or remedies of Sublessor under the Sublease
or the underlying Lease. In the event that Sublessor does not
exercise its Option with the City under the Lease: (1) Sublessor
shall have no liability to Sublessee whatsoever; and (2) nothing in
this spction shall he construed to prohibit Sublessee from entering
negotiations directly with the City for a new Lease for the
Premises.
(b) If Sublessor has-not received from Sublessee written
not ice of Sublessee's desire to extend the Sublease Term in
accordance with Section 7(a) above, then the Sublease Term shall be
deemed terminated effective June 30, 1996.
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(,_,) Tht' parties acknowledge and understand that Section
218 of the Lease provides that City has the right to cause an early
termination of the Lease in the event the Premises are required for
construction of public streets or drainage facilities for the
Sweetwater HiveI' Flood Plain. In the event of such early
termination Sublessor agrees to give Sublessee the same six (6)
months written notice City is required to give Sublessor under
Section
(d) The parties acknowledge and understand that City is
presently negotiating with third parties (including Sublessor) for
redevelopment of the Premises as a hotel/convention center/golf
complex ("Project"). Subsequent to early termination notification,
Sublessee hereby waives any objection that Sublessee may have to
City or its Hedevelopment Agency proceeding with and implementing
the Projecl. Sublpssee and any Sllccessor to Sublesspe's inlpt'psts
under this Sublease hereby waive any claim against City or its
Redevelopment Agency for any relocation benefits under the
ea] j fornia relocaLion laws or t11Hlel' similar local, stale, or
federal laws, and any claim for goodwill value of thE'ir business in
any c::'lIdnenl domain proceeding or other proceedings. and any right
which they may have to participate in the Project. The pal"ties
acknuwledge and understand that notwithstanding the Term of this
Sublease as provided in this Section 7, in the event City or its
Redevelopment Agency proceeds with the Project, then this Sublease
shall be terminated effective 30 days prior to the commencement of
construction with respect to the Project. In the event of an early
termina lion of thi s Sublease pursuant to subparagraph (c) or
subparagraph (d) of this Section 7, Sublessee shall have no rights
or remedies as against City or Sublessor, including any right to
recover damages, losses, costs, or other compensation as a result
of such early termination.
8. Hell!. Sublessee shall pay to Sublessor the same amount of
renl as Sublessor is obligated to pay the City pursuant to Section
5 of lhe LE'ase. The parties acknowledge and understand that the
minimum monlhly renl now in effect under the Lease is four thousand
thre hundred eighty-four dollars ($4,384.00), and that the miminum
monthly rent shall be adjusted on July 1, 1992 pursuant to the
Lease. Sublessee shall deliver to Sublessor on or before the lOth
day of each month a slatement 01' gross sales, certified by C.E.
Campion in the form in Exhibit "I". Sublessee's statement of gross
saIps shall he in compliance with Spc:Lion 5 of lhe Lease. The
renl due and owing by Sublessee shall be paid to the Sublessor on
or bpfore lhe lOth day of each month at the same time as Sublessee
delivers to Sublessor the statement of gross sales. Payments made
by Sublessee pursuant to this Section 8 or Section 9 below shall be
made to Sublessor at the following address: American Golf
Corporation, 1633 26th Street, Santa Monica, California 90404,
Attention: Kathy Mallari.
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9. ^ddL~i9-'lal Hent. In addition to the rent set forth in
Section 8 of this Sublease, Sublessee shall pay to Sublessor the
following addiLional sums monthly:
(a) $200.00 for real property taxes and assessmenLs and
possessory interest taxes against the Premises. If there is an
increase in lhe:> amounL of real propprly taxes and assessmenls or
possessory IllLeresL taxes which Sublessor is obligated to pay with
respecL to the Premises, then the amount to be paid by Sublessee
pursuant to this Section 9(a) shall be equitably adjusted to
reflect the increase, and the amount of such adjustment shall be
mutually agreed to by the parties.
(b) $385.00 for maintenance and upkeep of the parking
lot and the adjacent walkways and landscaped areas. The amount
paid by Sublessee under this Section 9(b) shall be adjusted on July
1. ]993 and on Ju]y 1 of each year t1,preafter by the percentage
increase in the San Diego Area Consumer Price Index for All Urban
Consumers as compiled by the United States Department of Labor.
Bureau of Labor Statistics for the period June I, 1992 through July
I, 1<J<J3 for the first adjustment date of July I, 1<J<J3 and for the
12 monLh pet'iod preceding each subsequent adjustment date.
(c) $175.00 to reimburse Sublessor for the cost of the
premiulII al located to the Premises for the fire and extended
coverage properly insurance maintained by Sublessor pursuant. to
Section 15(,,) of this Sublease. The amount to be paid by Sublessee
pursuanL Lo this subparagraph (c) shall be equiLably adjusted frolll
time to time to reflect any actual increases or decreases in such
insurance premiums, and the amount of such adjustment shall be
mutually agreed to by the parties.
The amounts to be paid by Sublessee pursuant to subparagraphs
(a), (b), and (c) above shall be paid to Sublessor at the sallie time
as Sublessee pays the rent pursuant to Section 8 above.
Sublessee shall pay prior to delinquency all taxes assessed
againsL the Personal Property and any other personal property owned
by Sublessee and used in the operation of the Premises.
10. 1esso!____~_~9n"'ent. The part ies acknowl edge that, pursuant
to SL~(_: Lion 17 of the Lease t Lessor I s prior wI'l L Len Gonsent. t.o any
subletting of the Premises is required. Therefore, the parties'
execution of this Sublease and their performance thereunder is
subject to and contingent upon -Lessor's giving its consent to this
Sublease, and the parties hereto agree to cooperate and use their
best efforts to obtain Lessor's consent hereto. Sublessee shall
have no further right of subletting or assignment of the Sublease.
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J I. G(JlIstLL..igIl_9J:_.r.~~~!IL:hSeS.
(a) .In<3~)~(:'J:,j_Q.n. Subleasee has had the opportuni ty to
fully insl'<,<:L the Premises and has saLisfied iLself as to the
genera I cond i Lion of the Premi ses and agrees to accept the Premi ses
in "as is, where is" condition. Sublessor warrents that it has
received no written notice that the Premises are in violation of
any applicable laws, regulations, governing ordinances and codes.
If after the Effective Date, the parties mutually agree that the
Premises wel'e Ilot in compliance with such laws and regulations as
of the EffecLive Date and such non-compliance can be attributed to
Sublessor's prior neglect or oversight from the time when said
Premises were under Sublessor's direct control, (July I, 1986
through the Effective Date), Sublessor agrees to remedy any and all
items of non-compl iance at its own expense. Sublessee acknowledges
that except as provided in this Section 11(a), neither Sublessor
nor Sublessor's employees or agents have made any representations
or warranties as Lo the condition of the Premisies, including any
representation as Lo the suitability of the Premises for the
Sublessee's inLended uses.
(il) RClQ.L-Bepairs. Sublessor explicitly acknowledges
that the Prpmise's roof leaks and ia in need of repairs. Sublessor
agrees, at j Ls own expense, to make whatever repairs are necessary
to correct the leaking roof within 180 days of the Effective Date.
Any subsequent repairs and maintenance of the roof of the Premises
that may be necessary during the Term of this Sublease shall be
performed by Sublessee at its expense.
12. Maintenance and Repairs.
(a) Subject to the terms of Section 10 of the Lease,
Sublessee shall be responsible for all maintenance and repair of
the Restaul'ant Premises, Personal Property and any personal
property owned by Sublessee used in the operation of the Restaurant
Premises. Sublessee agrees to maintain the Premises and the
Personal Property in good working order, repair and condition.
Upon expiration or earlier termination of the Sublease Term,
Sublessee sha 11 be obI igated to surrender the Premises and the
Owned Personal Property (or replacement personal property of
comparable worth and quality) to Sublessor in a condition at least
as good as Lhe condition in which Sublessee received the Premises
and the Personal Property as of the Effective Date and in good
working order and repair.
(b) Notwithstanding' Section 7 of the Lease, Sublessor
shall retain responsibility for customary maintenance and upkeep of
the parking lot shared by the Restaurant and Chula Vista Golf
Course. SulJlessee's liability for any miIlor. cllslomary rnaintetlance
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and upkeep during the Term of this Sublease will be limited to 50%
of the costs incurred by Sublessor for any "normal and reoccuring"
minor customary maintenance and upkeep. It is expressly understood
by both parties that Sublessee shall not be monetarily responsible
for any major, (capital improvement type), repairs to the existing
parking areas during the Term of this Sublease. Sublessor shall
also be responsible for maintaining the landscaping around the
Restaurant building, Sublessee's liability for same is limited to
the amount stated in Section 9(b) of this Sublease. Sublessee
shall only be responsible for repairing or replacing any damage or
deslruction to the parking lot or landscaping upon presentation of
reasonable proof that said damage was caused by Sublessee or its
employees, and agents, and/or its cuslomers, invitees, or guests
patronizing the Sublesse's portion of the co-occupied Premises.
(e) Sublessee must obtain Sublessor's prior written
approval b,.'fore commencing any repairs costing over $1,000.00
unless such repairs are required Lo be made due to an emergency
situation. Sublessee alone exercises sole discretion on what
constitutes an "emergencyll.
13. AlteraLions. Subject to lhe terms of Seclion 8 of lhe
Lease, olher' than Lhe improvements lisled on Exhibil "II" Lo Lhis
Sublease, Sublessee shall not alter either the exterior or interior
of the Premises or change any structural, mechanical or electrical
component of the Premises without first obtaning the prior written
consent of Sublessor and City.
14. Utilities. Upon the Effective Date, Sublessee shall, at
its own expense, arrange to have transfered to Sublessee all
utilities, including but not limited to water, gas, electricity and
telephone service used in the Restuarant operation of the Premises.
15. 1 n.'3.J!!:.'!nce .
(a) Sublessor's Coverage. Sublessor shall maintain all
prilTl:1ry insllrance as J'pC]l1ired hy Section 11 of the Lease, except
fat' that inslIt':1IIf"C' covPI'ages mainLained hy SuhlpsfH'p as
specifically noLed in Section 15(b) below. Sublessor agrees to
nalll[~ Sublesspe as additional insured on Sublessor's Comprehensive
Public Liability insurance policy as it relates to the parking 10L
and Lhe walkways, the landscaped areas and lhe grounds immedialely
adjacent to the Restaurant Premises.
( b)
Sublessee's Coverage.
Sublessee agrees to procure
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and mainLaill
Sublease the'
al Sublessee's expensp. during
following insurance covPI'age~:
the
Term
of
this
(i) Sublessee shall mainlain properly insurance on
the HestauranL building and Personal Property contents insuring
agaillsL loss O!" <lalllngp by fire, lightning, and/or any oth('1' }>Pl'ils
insurable under the form of all risk coverage then available in the
amount of the Sublessor's Property Insurance policy deductible,
cur'r'Plllly lhp cl('c1llC~lihlp under" SuhlC"sso1"s Pt"oppt'ly ]nsurancp is
SSO,OUU.OO. This coverage shall be primary to Sublessor's Property
Insurance and shall cover the firsL dollar of any loss or damage.
This coverage shall have no co-insurance provisions. This coverage
shall have a deductible not in excess of 51,000.00 and Sublessor
shall be named as loss payee. Upon the occurence of any loss or
damage covered by this insurance, Sublessee shall be responsible
for paying the deductible.
(ii) Sublessee shall insure all personal property
owned by Suh]essee located in the Hestaurant building, in an amount
not to exceed 530,000.00, against loss or damage by fire, lightning
and/or' oth",' pel-i]s insurable under the form of extended covel'age
then available.
(iii) Business interruption insurance a~ainst
losses due to fire, lightning Dnd other perils insurable under the
forlll or ext(,lH.led cover..'l.ge then availahle in all amount. not. less than
one hundred percent (100%) of the minimum rent due for a nine (9)
month period.
(iv) Comprehensive public liability insurance
including: Ilodily injury, personal injury, properly damage, garage
keeper's liability, innkeeper's liability, products liability,
contractual liability, and liquor liability in an amount not less
than five million dollars (55,000,000.00) single limit per
occurrence and naming Sublessor and City as additional insureds.
This policy shall contain an indorsement to the effect that such
insurance as it relates to the Hestaurant Premises shall be primary
to any similar insurance that may be maintained by American Golf
Corporation.
(v) Worker's Compensation and employer's liability
insurance as required under applicable law.
(vi)
not !pss than one
nand ng Subll.~ssor as'
Fire legal liability insurance in an amount
hundred thousand dollars (5100,000.00). and
aditional insured.
(c) Policies. All insurance coverage under this
Sublease shall be secured through policies issued by insurance
companies of good reputation and of sound and adequate financial
respons i bi! i ty which have been approved by Sublessor and Ci ty.
Sublessor's approval shall not be unreasonably withheld. Sublessee
10
11J"'~f'
UIHh.!!' Sllblp~~s('e's currenL wage guidelines. AGe shall terminate the
f.~lIIpl oYIllPIlL of a II HC'slallranL Employc-ps as or Lhp pnti of thp li~y
imlllpdiaLp-l.v pr'C'cpc1inp, Lh0 Err0CLivp ll;-tl.r :1nd sh:111 p<lY :111
HesLauntnL Employpc's all wages earllPd buL unpaid Lhrough lhaL daLp.
ThereafLer, A(:C shall have no furLher ouligaLion wiLh regard La Lhe
Res Laurant Employees. The name of the current employees, thei l' job
title and their wages/salaries are indentified on Exhibit "G" to
this Sublease. AGC warrants and represents that it has created a
Volunlat'y Employee' Beneficiary Association ("VEBA") Trust pursuant
to lhe U.S. Employee Retirement Income Security Act, 29 1I.S.C.
Sectiun IDOl et seq., and that all vacalion benefits owed to
employees are paid from the proceeds of this trust. AGC shall pay
vacation benefits to all eligible employees whose entitlement to
vacation benefits has actually vested as of the day immediately
preceding the Effective Date. With regard to any employee whose
ent i t 1 ement to vacation benef its has not yet ves ted as of the
EffecLive Date and who remains employed by Sublessee after
Sublessee's ninety day probationary period, PIIS agrees it shall
credi L such empluype (for the purposes of delermining accrued
vacation timp) with the period of time that employee was employed
by AGe and for which employee's vacaLion benefiLs had not yet
vested.
lB. Fe~resentaLions. Sublessor hereby
warranLs to Sublessee, as of the Effective
representations shall survive the Effective Date:
represents and
Date, which
(a)
The Lease is in full force and effect and
Lessee has received no notice from Lessor of
the existence of any breach or default.
(b)
No litigation is pending or threatened
regarding the Restaurant operations.
Subl essor makes no
cur]'Pll L op('J'a Lions
Reslaur'ant.
Other than as specifically set forth above,
representation or warranties regarding the
of Heslauranl or the future profilabilily of
19. 13,ok_~r's Commission. A broker's commission in the
amounl of $17,280.00 shall be paid to the Bigley Group. Sublessor
and Suhlessee will each pay $8,640.00. Except for the broker's
commission as set forth in the preceding sentence, Sublessor and
Sublessee hereby represent and-warrant to each other that no other
commission, fee or other compensation is owed to any broker,
finder, or other agent in connect ion wi th this transact ion, and
each party hereby indemnifies and holds harmless the other party
12
J{)'~"
shall deliver La Sublessor certificaL~s of insurance with respect
to all of the policies of insurance to be maint<lined by Sublessee
undC'r lhis SlIhIC'asC". including pxisling. addilional and rPIlPwal
polici(!s; alai ill lhe' casp of insurance aboul Lo expire. Sublpsspp
shall deliver La Sublessor cerLific<ltes of insurance with respect
to the renewal policies not less than ten (10) days prior to the
respective dates of expiration. Sublessee agrees not to change
policy deductibles prior to written notification of such intention
to Sublessor.
(d) Endorsements. All policies of insurance maintained
by Sublessee under this Sublease shall contain clauses or
endorsements to the effect that such policies shall not be
cancelled wiLhout at least thirty (30) days prior written notice
from the insurance carrier to Sublessee, Sublessor and City.
16. lndemnificaLion.
(a) Sublessee agrees La indemnify, defend and hold
harml pss SlI i> I ("ssor <:\IH.1 Ci ly and lhp i r t'(_.sppc L i VP owtlprs. Pilip 1 oypPS
and agpnls <"lgainsL any <lnet all claims, damage, loss, judgPIIIPnL,
liability and expense, including without limitation attorneys' fees
and legal costs, incurred directly or by reason of any claim,
action, suiL or proceeding brought by or on behalf of any person or
persons for any damage, injury, loss or expense arising out of,
occasioned by or in any way attributable to the use, operation or
occupancy of the ResLaurant on and after the Effective Date or acLs
or omissions of Sublessee, its agents, employees or contractors.
Sublessee agrees that the obligations of Sublessee pursuant to this
section shall survive the expiration or earlier termination of this
Sublease.
(b) Sublessor agrees to indemnify, defend and hold
harmless Sublessee and its respective owners, employees and agents
against any and all claims, damage, loss, judgement, liability and
expense, including without linJi taLion attorneys' fees and legal
costs, incurred directly or by reason of any claim. action. suit. or
procppding brought hy or on behalf of any person or persons for any
dalflag(~. injul'Y, Joss or expense arising ouL 01'. occ~asioned by ot' in
any way at.t.r'ihllLahlp t.o SllhlesS(H"H lISF' of or' co-ocupanc:y of lht"
Premisl"s on and afLer the Effective DaLe or acts or omissions of
Sublessor, its agents, employees or contractors. Sllblessor agrees
thaL Lh" old igaLions of Suhlessor pursuanL Lo Lhis secLion shall
survive the expiration or earlier termination of this Sublease.
17. Staff.
screen and consider
Sublessor working in
Sublessee agrees in good faith to interview,
for hiring all current hourly employees of
the Restaurant (the "Restaurant Employees")
11
I~"/' ?
from and againsl any claims for broker's
or at her compensa t i on as a resul t of
enlcr.ing iIllo t.his transaction.
commissions, finder's fees
the indemnifying party's
20. !Ioldjng Over. Upon expiration of this Sublease Term
or earlier termination of this Sublease, Sublessee shall
immediately vacate the Premises. Any holding over shall create a
month-lo-monlh tenancy terminable on 30 days written notice given
at any time by either party. All convenants and conditions of this
Sublease shall remain in full force and effect during any holding
over period,
21. VKcach and Hellleuie~.
.
(a) The foJlowing even Is shall conslilule a bl'each
of th i s SulJ1 case and a defaul t of Sub I essee thereunder: ( I) if
Sublessee fails to pay rent or fulfill any olher moneta,'y
obligalion of Stlhlessee to Sublessor, and Sublessee fails to cure
such monetary default within three (3) days after written
notification from SubJessor 10 Sublessee of such default; 01' (2) if
Sublessee fails 10 keep, observe or perform any olhel' convenant,
ob1 igaLiol1 or lpI'm of Sllb]PBsec lltH1C'l' this Sllb]p<1sP whC't1 dtll7\ lH'
called for, and Sublessee fails to cure such default within len
(10) days aflc'r writlen notificalion from Sublessol' of such default
(provided, however, lhal Sublessee shall not be deemed to be in
defaulL if Sublessee has commonced cure and is diligently
prosecuting same but is unable to complete such cure within ten
(10) days): or (3) if Sublessee shall be the subject of a voluntary
or involuntary bankruptcy proceeding, reorganization, or
liquidation proceeding commenced by or against Sublessee; (4) if
Sublessee shall be adjudged bankrupt, or a receiver be appointed
for Sublessee's property, or if Sublessee's interest in this
Sublease shall pass by operation of law to any person other than
Sublessee; (5) if a voluntary or involuntary lien or encumbrance
relating to Sublessee or Sublessee's operation, maintenance or use
of Premises is placed on the Premises or any Personal Property and
is not removod within sixty (60) days; or (6) the occurrence of any
of the evenls set forth in Section 21A(2), 21A(5), or 21A(6) of the
Lease. If any of the events identified in the preceding sentence
should occur and Sublessee does not cure the default within the
lilllP pprioch.; providpd above. Sublessor lIlay ~Ipcl Lo lpt'minaLp lhis
Sl1bl('a~;pillllll('dialply and 8('<'1<. all t"PIIIPdips as pl"ovidpd lIIHll'"1" law
and equity, In addition, upon the occurence of any of the events
set forth in this Section 21, Sublessor shall have the same rights
and remedies as City does under the Lease upon the occurrence of a
default by Lessee.
(b) The following events shall constitute a breach
13
/P"'v g/
of th i s Surd ease and a defaul t of Sublessor thereunder: (1) if
Sublessor fails to keep, observe or perform any covenant,
obI i p,a L j Oil or' lC".nll of Sub] essor 111H10t' th i s Sub] pase when duo or
callpd for, and Sublessor fails to cure such default within ten
(10) days afLer' wr'jttennotification from Sublessee of such default
(provided, however, that Sublessor shall not be deemed to be in
default if Suhlrssor has commrncrd cur'" and is diligently
prosecuLing same buL is ullable to complete such cure within ten
(10) days; or' (2) jf a voluntary or involuntary lien or encumbr'ance
relating to Sublessor or Sublessor's operation, maintnance or use
of Premises is placed on the Premises and is not removed within
sixty (60) days. If any of the events identified in the preceding
sentence should occur and Sublessor does not cure the defaul t
within the time period provided above, Sublessee may elect to
terminate this Sublease immediately and seek all remedies as
provided under law and equity.
(c) If Sublessor at any time by reason of
Sublessee's default pays any sum or does any act that requires
payment of any sum, the sum pa id by Subl essor sha 11 be immedi a te ly
due and owing by Sublessee to Sublessor at the time said sum is
paid, and if paid at a later date shall bear interest at ten
percent (107.,) p"r' annum from the daLe thaL thO' sum was paid
by Sublessor' all<1 ullLil Sublessor is reimbursed by Sublessee.
proceeding
prevailing
attorney's
(d) In the
between Sublessor
party shall be
fees and costs.
event of any
and Sublessee
enti tIed to
legal action or legal
under this Sublease, the
recover all reasonable
22. Ouiet Enioyment. Subject to the terms ahdconditions
of the Lease and this Sublease, so long as Sublessee complies with
all of its obligations under this Sublease and the Lease, Sublessor
shall secure to Sublessee the quiet enjoyment of the Premises
without objection or interference from Sublessor or any party
claiming under Sublessor.
2:1. Aryi,J.XilJ,5-'J.!!. Any conLroversy 01' cia im betwepn lhp
parlips relaling to this SubleaSe> or the Lease or any olhpr
ar,t'("('IIII'nLs I'plaLing hPIT'lo shall fil'sl hp dC'lPI'mil\pd by
arbi LraLioll. JII thl-" spiriL of Illutual l'PspC'cL and cooperation bulh
parties agree that legal action to seltle dispules shall always be
the action of last resort. All arbitration shall be conducted
under the Commercial Rules of the American Arbitration Association.
All costs associated with arbi~ration shall be born equally by both
parties regardless of the outcome of the arbitration. Any
controversy concerning whether an issue is arbitrable shall be
determined by the arbitrators. Judgment upon the arbitration award
14
/P'v ,
may be entered in any court having jurisdiction. The institution
and maintenance of any action for judicial relief or pursuit of a
provisional or ;:.\ncil1ary remedy shall not constitute a wai\'pl' of
thp righl (Jf allY party lo submit t.he' conLt'nvpt'sy 01' claim to
arid tl'ation i r any other party contests such action for judicial
reI icl'. Nothing contained in this Section shall limit the right of
either party to pxel'cise self-help rempdies or to ohtain
provisional or ancillary remedies from a court of competent
jurisdictiofl 1)(' [o1'l:' or during Lhe ]>Pllllpl\cy uf any arbitration nor
does the exercise of any such remedy waive the right of either
party to resort to arbitration.
24. General Provisions.
(a) Captions. The captions and headings used in
this Sublease are for the purpose of convenience only and shall not
be construed to limit or extend the meaning of any provision of
this Sublease.
(b) Notices and Addresses. All notices, demands,
requests or replies provided for or permitted by this Sublease
shall be in writing and may be delivered by anyone of the
following methods: (1) by personal delivery; (2) by deposit with
the II.S. Postal Scrvic:e as cE'rlifipd or J'egisLE't'C'd mail. t'pLl1rn
receipt requested. postage prepaid to the addresses stated below;
(3) by pn,paid t"Jegram; or (4) by deposit with an overnight
express del ivel'Y service. Notice deposited with the U.S. Postal
Service in the manner described above shall be deemed effective
three (3) business days after deposit with the Postal Service.
Notice by telegram or overnight express delivery service shall be
deemed effective one (1) business day after transmission to the
telegraph company or after deposit with the express delivery
service. Notice by personal delivery shall be deemed effective at
the time of personal delivery.
For the purposes of notices, demand, request, reply
or payment. the address of Sublessor Shall be:
American Golf Corporation
c/o Chula Vista Golf Course
4475 Bonita Road
Bonita, CA 91902
with a copy to:
American Golf Corporation
1633 26th Street
Santa Monica, CA 90404-4024
Attn.: Legal Department
15
/0-')(;7
The address of Sublessee shall be:
PIIS Company
4475 Bonita Hoad
"onlla, CA 91902
Alln.: C.E. Campion
(c) Governing Law. This Sublease and the rights and
liabilities of the parties to this Sublease shall be governed by
the laws of the State of California.
(d) Severability. If any provision of this Sublease
is invalidaled by arbitration, judicial decision or statutory
enactment, the invalidity of any such provision will not effect the
validity or enforceability of any other provision of the Sublease.
(e) Waivers.
(i) The waiver by Sublessor of any breach of
any term, condition ur covenant of this Sublease shall not be
deelllod La Ill' a waiver of allY othel' leJ'III, COlldilioll or cOVetlarll aI'
any suhsequPlll hreach of same. The accpplancE' of lalp rent p:1;,nuenl
shill! hp dPI'IIIl"'>d lo he>;1 walvPf' of the' dp('a\llt. assnc'.i<'1tC'd (lnl~' with
t.hat pal'L.1('lllar' I'('HL paYI1lPIlL at Lhp Limp or (\('cppLancp. of such
paYlllc'll L.
(Ii) The waiver by Sublessee of any breach of
any lerm, condition or covenant of this Sublease shall not be
deemed to be a waiver of any other term, condition or covenant or
any subsequl"'>ll t breach of same. I n any case, no covenant, term or
condillon of this Sublease shall be deemed to have been waived by
either party unless such waiver is in writing and is signed by the
party waiving.
(f) Entire Agreement. This Sublease is the entire
agreement between the parties, and supersedes any prior agreements,
representations, negotiations or correspondence between the parties
except as expressed herein. Except as otherwise provided herein,
no subsequent change or addition to this Sublease shall be binding
unless in writing and signed by the parties.
(g) ",uthori tv.
(i) Sublessee is a legal business trust and
thp individll"l executing this Suble"se on bphalf of s"id business
trutll n'prespnls and warranls that he is duly aulhorized to execule
and deliver this Sublease on behalf of said entity in accordance
with its trust indenture and that this Sublease is binding upon
said entity in accordance with its terms.
(ii) Sublessor is a California corporation and
the individual executing this Sublease on behalf of said
corporation represents and warrants that he is duly authorized to
16
/P-' 7/
execule and deliver lids Sublease on
accord:'lnce wi ill i ls corporate bylaws
bindiTlg UPf)!1 sa,id ('IILiLy in accordance
behalf of said enlily
and that this Sublease
wilh its terms.
in
is
Suhlpasp <11'('
Sublease.
(h) Exhibils_. All exhibits attached to
hl'rphy incorporated into and madE?' a part of
lhis
this
(i) Time. Time is of the essence for the
performance of each term. condition and covenant of this Sublease.
(j) Estoppel Certificate. Either Sublessor or
Sublessee may request an estoppel certificate from the other party
regarding any matter referred to in this Sublease or in the Lease
and the parties' agree to furnish said certificate within fifteen
(15) days following receipt of written notice of such request.
25. COImuJ-ance with Laws. Each party agrees to comply with
all federal, slate, county, and local laws, rules, regulations.
ordinances, and corles relating to the use and operation by such
party of lhe' PrelHisQs. Nei t.her parLy shall slorp, manufacLul'P.
use, disposp or. or release any hazardous substances or matprials
on, under, or around the Prem i ses, except such hazardous substances
or nlalerials clJstomarily used in the operation aIld maintenal1ce of
a resl;)uraflL. bar facility, or a golf course operation provided
that slIch hazardous substances and malerials are used and sLol'pd in
such quantities and in such manner as to comply with all applicable
federal, slale, county, and local laws and regulations. Bolh
parties her"by agree to indemnify, defend, and hold harmless the
other party and its owners. officers, employees, and agents from
and against all claims, actions, liabilities, damages, judgments.
losses, cosls, and expenses (including attorney's fees) arising
from the indemnifying party's misuse or improper manufacture,
storage, disposal, or release of hazardous substances or materials
on, IJIlder, (Jr" ar"ound tile Premises or any relnedial action reqllired
by any governmental or quasi-governmental agency with respect to
such hazardous substances or materials.
26. ~a.I'Ltil_L_improveI1L"'J)j.B.. Sublessee hereby agrees to
comp]plp, (wiLh Sublessor's and City's prior approval), within lhp
current Term of the Lease the capital improvement ilems described
in Exhibit "II" attached to this Sublease. Once work commences on
any specific improvement project Sublessee agrees to complete the
project in the most expedient and timely manner possible.
Sublessee acknowledges and understands that either Sublessor and/or
City may impose certain conditions upon Sublessor in connection
with such capital improvement items. Sublessor acknowledges that
"imposed certain conditions" as mentioned above -may vacate, at
Sublessee's option. Sublessee's obligation to complete any or all
capital improvements as described in Exhibit "H".
17
1{)....7~
27. Go I.Lj::ouI:se Employee Meals. Sublessee hereby agrees tha t
all purchases at the Restaurant for food and non-alcoholic
beverages made hy lhose AGC employees duly employed only at the
Chula Vist Golf Course shall be charged at one-half (50%) the price
chaq;l'd to the public. Sublessor acknowledges that such
accommodatiou does not extend to other AGC employees employed at
other AGC facilities or their corporate office.
28. ~g. Enc.umbrances. Neither party to this Sublease shall
create or incur any voluntary or involuntary liens, mortgages, or
other encumbrance against the Premises or any of the Personal
Property.
2'1. .\Isg_9_LJ>remi~es. Sublessee intends to offer cost
effective Rnd profitable hours of operation and intends to
implement an aggresive marketing plall to attract new patrons for
catered events, conferences and special "a la carte" events open to
the general public. The special "a la carte" events include> but
may nol be I imi ted lo a Friday Night Big Band Dinner Dance and a
Sunday Champagnp ~J ;t7,7, Br'llnch. I n acid i lion, Subl PHSPP i ntf"llds t (1
conLillue Lo urrc'r adetluaLe services for the golfer and the gc>tlC'ral
J.'ubJ ie in th" Ninell'enth lIole Sports Pub and the Snack Bar.
SUBLESSEE
SUBLESSOR
PHS COMPANY,
a le~. trllst
By C~ T C~ ..s-
AMERICAN GOLF CORPORATION
a California corporation
\-- ----A
Its
Its
/""
By
First Trustee
S"€ c~FrN-"f
18
/~-7 J
DRAFT
Minutes of a
Regular Meeting of the
PARKS AND RECREATION COMMISSION
Thursday 6:00 p.m.
April 16, 1992
Public Services Building
Conference Room 1
*******************
MEMBERS PRESENT:
Commissioners Hall, Helton, Lind, Roland
MEMBERS LA1E:
Sandoval-Fernandez (6:14)
MEMBERS EXCUSED:
Commissioners Carpenter, Willett
1. AFPROV AI.. OF MINU1ES
The minutes of the meeting of March 19, 1992 as distributed.
MSC LIND/ROLAND 4-0 (SANDOVAL-FERNANDEZ OUl)
2. PUBliC HEARINGS OR REMARKS
NONE
3. DIRECfOR'S REPORT
Deputy Director Foncerrada reviewed the Parks and Recreation Commission Report and
answered the Commissioners questions regarding this report.
4. REPORTS FOR INFORMATION ONLY
a. Non-profit (Friends of the Park)
Deputy Director Foncerrada reviewed the report that the Department had compiled
regarding the status of the Parks and Recreation non-profit. He stated that the Chair and
Vice Chair of the Commission have agreed to serve as interim officers during the
reorganization, and their names have been filed with the state as such. Chair Hall asked if
the rotation of Parks and Recreation Commission officers in June would have any effect on
the filing with the State of California. Secretary Stohr said that any change in officers could
be reported when the next annual report was filed with the State.
b. Joint Meetine with Monteomerv Plannine Committee
Landscape Architect Marty Schmidt presented the Commission with a report on existing parks
within the Montgomery area and proposed projects within the area.
He explored various concepts such as joint use with schools to mitigate the fact that very little
land is available in this area for parkland.
~ /1/" 75
PARKS AND RECREATION COMMISSION
April 16, 1992
PAGE 2
Commissioner Roland commented that he is opposed to any use of S D G & E righht-of-way
land for parks of any type.
Chair Hall expressed his concern that there had been a major pool/gym facility planned for
the area which is currently not planned. He feels that we should focus on recreational
facilities that can be developed with a minimum of land use.
Commissioner Sandoval-Fernandez suggested that this item be agendized as an action item
for next month's agenda thus giving the Commissioners more time to review the written
material that was distributed with the report.
c. Otav Vallev Rel!ional Park Update
Item tabled until next month because the scheduled presenter, Gordon Howard, was not in
attendance.
5. ACTION ITEMS
Unfinished Business
NONE
New Business
a. American Golf Fee Increase
Deputy Director gave an overview of the written report on the golf course fee increase which
had been included in the Commission's information packets.
Chair Hall asked Bert Geisendorff of American Golf if he had encountered any opposition
to the proposed fee increase. Mr. Geisendorff stated that he was not aware of any.
Commissioner Roland stated that he was opposed to the restrictions placed on "9 hole"
golfers in 1990. In addition he does not feel that $8 is a fair price for an identification card.
However, he has no problem with the proposed nonresident fee structure.
Motion to approve the American Golf Fee increase as proposed.
MSC SANDOV AL-FERNANDEZ/LIND 5-0
b. Information and Referral Buildinl!
Deputy Director Foncerrada reviewed the report that had been presented to the Commission
in the information packets and stated that staffs recommendation was to allow the library
and the town center manager to occupy the building.
~ 1()~7j,
PARKS AND RECREATION COMMISSION
April 16, 1992
PAGE 3
Commissioner Helton asked whether there was no longer a need for space to house
Recreation Division personnel.
Deputy Director Foncerrada replied that a need for space still exists.
Commissioner Helton expressed her strong opposition to allowing the library to use a portion
of the building when it is needed by the Parks and Recreation Department to house
Recreation staff.
Commissioner Sandoval-Fernandez stated that it appears that Parks and Recreation staff were
being forced out of the building.
Motion that due to the current needs of parks and recreation staff, the front portion be given
to parks and recreation staff and back portion of building house the Town Manager.
MSC HELTON/ROLAND 5-0
c. Golf Course Restaurant and Bar Sublease
Deplity Director Foncerrada gave a history of the lease situation for the restaurant/bar
located at the Golf Course and outlined the currently proposed sublease. He stated that
staffs recommendation is to approve the sublease as presented.
Commissioner Roland stated that he doesn't understand the logic of why American Golf
wants to maintain control of the lease that they have and sublease rather than just letting the
lease go to someone else. He asked the representative from American Golf if they would be
making a profit from the sublease.
Mr. Bert Geisendorff of American Golf replied that no profit would be made. The reason
for using a sublease is that the restaurant lease is tied to the golf course lease in that the golf
course lease term was extended as a condition of the restaurant/bar lease.
Commissioner Roland stated that he did not like any connection between the golf course
lease and the restaurant lease.
Commissioner Hall asked if Prestige would be working with Joelen Enterprises to build the
hotel.
Deputy Director Foncerrada stated that he had no knowledge of any connection between the
two entities.
Commissioner Roland asked Mr. Geisendorff if American Golf anticipated a joint venture
with Joelen Enterprises.
Mr. Geisendorff stated that they did not.
~ ,4?-&'&- )/)-'77
PARKS AND RECREATION COMMISSION
April 16, 1992
PAGE 4
Motion to approve the sublease as presented.
MSC HELTON/SANDOVAL-FERNANDEZ 4-1 (Roland opposed - He is skeptical of big
business and feels that this may be a move toward American Golfs taking over ownership of
the Golf Course.)
6. CO~CATIONS
a. Written Corresoondence
NONE
b. Commissioners Comments
HELTON - Wishes to know the cost of the copper wall in the Norman Park Center. She
feels that in the future the designs that architects present to the City should be more closely
scrutinized for functionality. Commissioner Sandoval-Fernandez suggested that this be
agendized in May.
In addition, Commissioner Helton would like to have an item placed on next month's agenda
regarding the job specifications for the Human Services Coordinator position.
ROLAND - Feels that any restaurant on the golf course site will have to have a specialty in
order to be successful.
HALL - Expressed his concern about a hotel being built adjacent to the golf course.
In addition, he asked for the Commissioners' input for a round table discussion with the
Mayor being held on April 30.
LIND - Would like Chair Hall to recommend to the Mayor on April 30 that the Parks and
Recreation Commission sit down with the Council on a regular basis to have informal
discussions about direction and goals.
He feels that the Youth Sports Council is beginning to feel like a second class entity ie., that
they are being ignore by Parks and Recreation.
Adjournment to the next regularly scheduled meeting of May 21, 1992.
Respectfully submitted,
f2/~
Carole C. Stohr
.~ IP"7K"
dtlL9 ~
SllJ:lL.EASE
This SllBLEASlc is made and enLe",'d into Lhis 2(,Lh day of May,
1992 I,y and betw,'on AMEHICAN GOLF COHPOHATION, a California
corporation (referred Lo variously herearter as "Sublessor",
llLF'sspe", or "AGe" as the nature of the agreement may require). and
PIIS COMPANY, a legal business LrusL, dba PRESTIGE HOSPITALITY
SEHVICES (referred La variously hereafLer as "Sublessee" or "PIIS"
as the nature of the agreement may require).
REQIJ ALS
A. AGC is lessee of that certain restaurant and bar faciliLy
commonly known as SouLh Bay Restaurant and more particularly
descri\Jed in Section 1 below ("Restaurantlr or "Premises"), located
aL Lhe Chula Vista Golf Course, City of Chula VisLa, California,
pursuant to that c<::~rtain Lease Agreement ("Lease") entered into
July I, l'H)(, between The City of Chula Vista, a municipal
corpof'ation, (HLessorH or IlCity"), as lessor. and Sublessor as
lessep.
~o { -l~t>
~.,~
n. ^ copy or Lhp Lp(lsP is aLLached to this Sublpa~"(' as
E25JLUJiJ._.".1\~:. Exhibit A is made a parL of Lhe Sublease for' all
purposes and may be amended only by muLal consent of Lessor and
Lessee.
C. PIIS desirE'S La sublease from AGC the Premises upon the
term:o, covenants and conditions hereinafter set forth.
NOW, THEREFORE, with reference to the forgoing Hecitals and in
consi(leration of the mutual promises and covenants contained
herein, Sublessor and Sublessee hereby agree as follows:
A<:J]l.EEMEJITJ,'.
I. I'cemisps. Effective June 1st, 1992 (the "Effective
Datf>"). Sublpssor ~,llbleaBPs to Sllblf'sSf"e and SublpssF'p sublc'!ases
from SllbJc~::;sor Lhp PrC'lIl-ises consisling of (n) a restaurant. hal',
golf('I":, lounge and !lanqllPt faciliLips commonLy known as SouLh Bay
Heastllf.ant located aL thE' Chula Vista Golf Course in Lhe City of
ChuLl Visla. San Die'go Counly. Cal ifot'llia, (h) ^ nonpxc~lusivp l'ight
lo \l~t" Lhp walkway:;. land:-;c<l[H'd <If'('<lS, allil gl'OlIIHi:-; illll1lpdiaLC'ly
adjacent to Lhe Restaurant, and (0) a nonexclusive right to use Lhe
par1<..-i.ni~ Lot adjacpnl to the HpstauranL huilding. which parking lot
is usc'l! by Lhf> fh-'sLaurant, the Chula Vista GoJf Course and thp
gellel';,1 I'\JI)} ic for access tel the a(t.ja(~erlt joggiTlg/riding tt'ails.
The llat"Lies aCk[lOwl(~dge that tile ])r8I11is0s do not irlclude the lower
level of the HesLaurant building, which is used by AGe for storage,
maintr-'nance, and rC'pair of golf c.arls llsed in the operation of the
1
//)"8' J
,\
Chula Vista Golf Cour'se, Sublessor' and Sublessee shall cooper'ate
with ('aeh other as to their joint or separate uses of the Premises.
2. rgr0()!la,J_J~r9E~_r.~Y.
(a) O_"'.!lQ~LI'J"Ql)er..1Y. As part of this Sublease, Sublessor
also subleases to Sublessee and Sublessee subleases from Sublessor
all personal property noW used in the operation of the Premises
(the "Personal Property"). A listing of the Personal Property
subject to the Sublease is attached to this Sublease as Exhibit
"B". All of the Personal Property which is listed on Exhibit "B"
is owned by City or Sublessor (the "Owned Personal Property") with
tllP sl'ecif ic exception of those items of Personal Property which
are listed as leased and which are referred to in Section 2(b) of
this Sublease and Exhibit "c" to this Sublease (the "Leased
Personal Property"). Sublessee's responsibility for repair and
maintenance of all Personal Property, both Owned and Leased, is
described in Section 12 of this Sublease, as well as Sublessee's
obi igations with regard to the return of said Personal Property
UPOll f'xpirat.ion or earlier lerminatioIl of this Sublease.
(1)) l~S~.~_~_l~~L_t!..:gp~-~-'-~y_. Sllblpssee also agrees Lo. al1l1 as a
cond i Lion of this Sublease shall. assume all leases of equipment
("EquipmenL Lpases"), except the lease fur the copy machine. uspd
in LlH' oppra Lion of thp Hes Lauran l . If, howevpr l Subl essor <'1nd
Sublessee are unable to arrange with the third-party lessors of the
Leased Personal Property for the successful assignment and
assumption of all acceptable Equipment Leases (wi thout cost
increases to Sublessee and gain the release of Sublessor
thereunder) on or after the Effective Date, Sublessor acknowledges
that Sublessee shall not be bound or obligated to assume or satisfy
Sublessor's obligations in any form. In the event Sublessee does
not assume a particular Equipment Lease pursuant to the immediately
preceding sentence and Sublessee desires to continue to use the
Leased Personal Property subject to such Equipment Lease, then
Sublessee shall pay to Sublessor additional rent under this
Sublease equal to the amount of rent and other monetary obligations
of Sublessor under such Equipment Lease, and such additional rent
shall be due and payable on or before the time when Sublessor is
rc>qu L tOed to pay Lhp ren l and other monetary obI iga L i 01)8 under such
Equipment LpasC'. A listing of all Equipment Leases subject to
a.s~;ignlllenL aud assumpLion is atLachpd to Lhis Sublp;-\.se as Exhibit
"D".
(c) 1i(111()L,J"icen"'~: Sublessor presently holds title to
that certain On-Sale General Eating Place Alcoholic Beverage
License (the "Restaurant Liquor License"), No. 47-172390, and
Duplicate License No. 47- 172390-001 issued by the California
2
JIJ"d.-
Depal'LmenL of Alcohol ic Bevprage ConLrol ("ABC"). Sublessor agl'ees
to spJ I the Hf-.~stal1ran-L Liquor License to Sublpsspp for six thousand
doll'll's ($(,,(JOO.OO) ("Liquor License Purchasp Price") and for the
fait, mar'kpL dollar- value of Lhp existing "liquor" invpntory as of t.he
Err{'cLivl! UaLp, a.Jul Sublesspp shall pay ;;1.11 transfer fees, escrow
fees, and "Lhpr charges for transfer of the HesLaurant Liquor
Licen~;p to SublpssF~p including all fpps for a temporary license.
Sublessee shal] be responsible for consummating the transfer of the
Restaul'anL Liquor License La Sublessee including preparing all
applica.t.ions and other documents and opening escrow, and Sublessor
agrees to cooperate with Sublessee in all resonable respects.
Sublessor furLher agrees to execute a surrender form as part of the
transfer process in order that Sublessee may also obtain a
temporary licerlse.
I f Sublessee is not able to obtain a temporary 1 iquor
license prior to the Effective Date, Sublessor and Sublessee shall
enter into a management agreement, in form and substance acceptable
by the parties, whereby Sublessee shall manage the sale of
alcoholic beverages at the Restaurant on Sublessor's behalf and for
Subl(:'s:-ior's account until such Limp as Sublessee1s temporary
license, is issued, Sublessee agrees to indemnify and defend City
and Sublessor 1'1'0111 any charges stemming or rpsulting from the sale
or consumpLion of alcoholic beveragps on the Premises beginning on
or afLer the Effective DaLe and Sublessor agrees to indemnify and
defend Sublessee from any charges stemming or resulting from the
sale or consumption of alcoholic beverages on the Premises prior to
the Effective Date.
3, Sery.ice/Vend_or Contracts. Sublessee also agrees to the
assumption of all Sublessor's obligations under the pre-existing
service contracts (IIService Agreements") with various vendors
prov ided tha t each contract assumpt ion does not resul t in an
immediate and unreasonable increase in fees paid for said services
used in thE' operation of the Restaurant. Sublessee shall have
thirty (30) days from the Effective Date to examine all Service
Agr0PIIlc>nls and if, in the exercise of its reasonable commercial
judgt'IIj('IIL, Sublpsspp dpLermin8s Lhat iL would bp in the besl
inLpt'f'sL of Suhl(-"ssPP noL to aSRUITlP a particular Servicp Agr'PPllIpnL,
Suld(':;':~(H' agr(~ps Lu aLLc'lIlpL Lo work wiLh Sublessee in sppking to
caner'" I -Lhp Sprv i CP Agrpemeni in ques Lion. I f Sub] essor and
Subl",,,;ee callnot saLisfactorily alTange with eaeh third-party
vendor for LtH~ a(~(;pptable assignment and assumption of each Service
Agreement (and the release of the Sublessor thereunder) on or after
the Effect i ve Da te, Sublessor acknowl edges tha t Subl essee shall !lOJ.
be bound or obligated to assume or satisfy Sublessor's obligations
in any form. A 1 ist ing of 'all Serv ice Agreements subj eet to
assumption consideration is attached to this Sublease as Exhibit
liE".
3
/4-13
'L OLhe'.!:' CqIILr~_(;L~'j.. SublC'ss(;'(' ;llso ;J.gr.'ees Lo assume and
per'fot'lII all Sublessor's obI igatioIlS l.uHler' all contracts and
agr"eelllellts pt"ovidirlg for the use by third-IJarties of allY parol of
the l'""mises on or after the Effective Date, including banquets,
meetings, weddings, parties, and other group functions
(coll(>ctively, the "Contracts"). Sublessee hereby agrees to
indemllify, defend and hold ham less Sublessor from and against all
claims, damages and liabilities relating to and arising from the
performance by Sublessee on or after the Effective Date of all
Sublessor's obligations under the Contracts. A list of all known
Contracts as of the Effective Date is attached to this Sublease as
Exhibit "F". Prior to the Effective Date, Sublessor shall provide
Sublessee a comprehensive listing of all Contracts with prepayments
"on account" and shall pay to Sublessee an amount equal to all
deposits received by Sublessor for Contracts relating to the period
on or' after the Effective Date.
:'i. Incorl'or<ltionofI,ease. Except as otherwise specifically
prov j dC'd j II lhe'" SUbJp;:lS(" Sublessc'p agrces Lo pprform, oust'l've.
abide by and be governed by all terms and obligations of Lessee
ulHlpr' Lhp f,pasF', and Sublp~)sPl?' agrpps lhat thl'" l.ease:" shall .t'E'main
in full force and effect as applied to Sublessee. Sublessor shall
be (,ntitled to enforce all terms and provisions of the Lease
against Sublessee as if Sublessor were, in fact, the Lessor. For
put'poses of Sl.lblessee's perfornlance of all conv8IlaIlts, obligatic)ns.
and terms of the Lease, Sublessor shall be considered the "Lessor"
under the Lease and Sublessee shall be considered the "Lessee"
under the Lease.
6. Modj.Lications to L",ase. For purposes of this Sublease
only, the provisions of the Lease, as incorporated herein, are
subject to the following modifications or deletions:
(a) In all provisions requiring the approval or consent
of City, Sublessee shall first be required to obtain the approval
or consent of Sublessor. Sublessor shall forward to City such
reasonable requests as Sublessee may submi t for approval and/or
consent from City. Subject to arbitration, Sublessor shall not
unn,asonably withhold its approval for submitted items.
(b) The following Sections of the Lease shall not be
incorporated herein by reference: Sections 4, 6, and 27.
the
7. J5'{'m.
Effective
The term of this Sublease ("Tc'nn") shall
Date. Unless otherwise extended or
commence on
terminated
4
/4,6'1
earl ic'r' as provided bc~low ot' pursuant to the Lease, the Sublease
Term shal I end June 30, 1996,
(a) Pursuant to the terms of Section 4(^) of the Lease
and subject to such early termination provisions as contained in
the Lease or this Sublease, Lessee has the option to extend the
term of the' Lease for two perjocts of Lpn ypars each (the 110ptionl1
or c:ollectively, the "OpLionsll). The parties acknowledge and
und('t'~-;land LhaL Lessee' must give Lessor noticT' of its intention to
exc'rei:", thc' Option not less than lHO days prior to the expiration
of the Lease term then in effect ("the Notice Date"). The
following conditions apply if Sublessee desires that the Term of
this Sublease be extended for the entire term of the applicable
Option period of the Lease: (i) Sublessee shall not be in breach or
def au I t of any of its obI iga t ions under th is Subl ease or the
underlying Lease as of the Notice Date or as of the first day of
tllP extension period (subject to Section 23 of this Sublease,
Subl(~ssor shaJ I be Lhp sole judge of what cOllstitues a breach 01'
de!"ault), and (ii) Sublessee shall deliver written noticp to
Sublessor o!" its desire that the Term of this Sublease be the Term
of this Sublease then in effect. In the event the conditions
described above are satisfied, Sublessor shall be obligated to
exercise th" Option without delay. In the event Sublessee is in
de[<'luIL or hr'cach as providpd in (i.) above, Sublessor may sLill
elel,t on its own behalf to exercise the Option, and such exprcise
shall not waive Sublessee's breach or default or any rights or
remedies of Sublessor under this Sublease or the underlying Lease.
In the event the Lease expir"s (and is not extended as provided
above) or in the event the Lease is terminated for any reason,
nothing contained in this Section shall be construed to prohibit
Sublessee from entering into negotiations directly with the City
for a new lease of the Restaurant facility.
(b) I f Sublessor has not rece i ved from Sub lessee WI' i t ten
notice of Sublessee's desire to extend the Sublease Term in
accordance with Section 7(a) above, then the Sublease Term shall be
deemed terminated e!"fective June 30, 1996.
(c) The parLies acknowledge' and understand that S(:'Ct.iOIl
2111 o!" the ],,,ase provides that City has the ,'ight to cause an early
LerminaLion of the Lease in t.he evenL Lhe Premises are required for
construction of public streets or drainage facilities for the
Sweetwater River Flood Plain. In the event of such early
LerlllillaLiol1 Suhlessor' agrees La give- Suulesspp Lhe' same six (())
months wrilLpn noticp City is required La give Sublpssor under
Sect ion 211\ o!" the Lease.
(d) The parties acknowledge and understand that City is
presently negotiating with third parties (including Sublessor) for
redevelopment of the Premises or property adjacent to the Premises
or property adjacent to the Golf Course, as a hotel/convention
center/golf complex ("Project") and if that Project fails, the City
5
!O-B'5'
will, in all likelihood, negotiatp with third parties (including
S\llll('~;:.;()r) r(Jr' ~)()IIl(' nthc'I' (It'VI'IopIIH'lIl or LIH' PI'C"llli~-;C's 01' pt'Upt'I'ly
ad,jar:t'nL Lll Lht' Pr("lIli~-.)(>s or propprLy adjacl'nL to the Golf COlll'SP.
On Lilt' cond i Lio!l Lhat City rr'<1Chc.'"'>H an agrpC'IIIC'nL ("City DevploplIIPnl
Agt'l'C'lIll'nL") for Lht' redevelopment or Lhe Premises ur the properly
adjac('I1t to the Premises or the property adjacent to the Golf
Course, either for the Projpct or for some other development, this
Sublease shall automatically terminate by the provisions of this
Section prior to LhE.~ expiration of the normal Term, or any
extension thereof, 270 days after Subleassee receives written
notic" from either the Sublessor or City, or its Rpdevelopment
Agency, that such City Development Agreement for development has
been reached, and that this Section's automatic termination
provisions become operational, Without in any way affecting the
waivers and other agreements contained herein, after the effective
date of the early termination of this Sublease as provided in this
subparagraph (d), Sublessor shall, with the consent of City and
Sublessee, allow Sublessee to continue to sublease the Premises on
a monLh-Lo-month basis pursuant to the same terms, conditions, and
covenants as contained in this Sublease until such time the City
dec:la,.rF~s thp intent. 30 days hence, to issuE' building, demolition,
or gr'ading pprmiLs for the ProjecL or athe'l' development. Upon
(~()IIS('IIL Sulll ('S~;'('P agrT'ps to PX('(~llt(' Sll('h (J()('llllll'llLs and agt'PPIl\('nLs
indic::1Ling ~H1Ch lIIonLh-Lo-month LC'tl:lllcy as Sublessor or City may
re;::lsollably l'c>qllir[~. Sublessee hereby w<:lives any objection, claim,
callSt' of a(~Lioll, t>llLiLIE~mpnL or permiL LhaL Sublessee llIay have
against the Ci ty or its Hedevelopment Agency proceeding wi th and
implementing the Project or other development: notwithstanding the
for'pgoing, Sllblc~sSPl' doC's noL hC'l'l'by waivt' allY righL to ppLiLion
the Ci ty Council and other appl icable boards and commissions to not
proceed with the Project or other development, but this shall not
give Sublessee the right to institute legal proceedings,
Sp<>cifically, Sublessee, and any successor to Sublessee's interest
under this Sublease, hereby waive any claim against City or its
Redevelopment Agency for any relocation benefits under the
Cal ifornia relocation laws or under similar local, state, or
federal laws, and any claim for goodwill value of their business in
any eminent domain proceeding or other proceedings. and any right
which they may have to participate in the Project, In the event of
any early tprmination of this Sublease pursuant to subparagraph (c)
or subparagraph (d) of this Seclion 7, Sublessee shall havp no
rights or t'l'medies as against City or Sublessor' including the right
to recover damages, loses, costs, or other compensation as a t'psuIl
of stIch early LprminaLioll. The righLs and privilpgc>s of this
Agr<>ement run to and are for the benefit of, both Sublessor and the
the ],pssor, City, and its [{edevelopment Agc'llcy, Thus the City and
its Redevlopment Agency shall be considered as Third party
Berl('ficiaries of the I>rovisions of the Agreenletlt
6
/tY8b
k. HeIlL. Sub!pssee sh;:l.ll pay to Sublessor the same amount of
relit. as SlllJ!pssor is obligaLe.cJ Lo pay the City pursuant. Lo St~('li()n
5 of Lhp L<'asp. Thc~ parLic~s acktlowlc~dge .:l.nd UIHh-~l'sl~Ild that the>
minimum monthly rent now in effect undpl' the Lease is four thousand
thre hundred eighty-four dollars ($4,384.00), and that the miminum
monthly rent shall be adjusted on July 1, 1992 pursuant to the
Lease. Sublessee shall deliver to Sublessor on or before the lOth
day of each month a statenlPnt of gross sales, certified by C.I1.
Call1pic)I1 in Lht, 1'0rm in Exhibit III". Sublesspp1s sLatl~l1Ipnt of gross
sales shall be in compliance with Section 5 of the Lease. The
rent due and owing by Sublessee shall be paid to the Sublessor on
or before the lOth day of each month at the same time as Sublessee
delivers to Sublessor the statement of gross sales. Payments made
by Sublessee pursuant to this Section 8 or Section 9 below shall be
made to Sublessor at the following address: American Golf
Corporation, 1633 26th Street, Santa Monica, California 90404,
Attention: Kathy Mallari.
9. AddiLjon,,1.BeI11. In addiLion to the rent set forth in
Section 8 of this Sublease, Sublessee shall pay to Sublessor the
following additional sums monthly:
(a) $200.00 for- real propel-ty L1XPS and asspssmpnts and
pOSSf:~ssory interest taxes against the Premises. If there is an
increase il} the amount of real property taxes and assessments or
posspssory intpresl taxes which Sublessor is obligated to pay with
res}lf'cL to Lhe' Prc~lIlisps. then the amount to bE' paid by Sublp>ssPP
pursuant to this Section 9(a) shall be pquitably adjusted to
reflect !lIP increase, and the amount of such adjustment shall be
mutually agreed to by the parties.
(b) $385.00 for maintenance and upkeep of the parking
lot and the adjacent walkways and landscaped areas. The amount
paid by Sublessee under this Section 9(b) shall be adjusted on July
1, 1993 and on July 1 of each year thereafter by the percentage
increase in the San Diego Area Consumer Price Index for All Urban
Consumprs as compiled by the United States Department of Labor,
Bureau of Labor Statistics for the period June 1, 1992 through July
1, 1993 for the fi,'st adjustment date of July 1, 1993 and for the
12 month period preceding each subsequent adjustment date.
(e) $175.00 io reimburse Sublessor for the cost of the
premium allocated to Lhe Premises for the fire and extpnded
coverage pr'operLy insl.Jrance maintaiIH:'d by Sublessor pursuant to
Section 15(a) of this Sublease. The amount to be paid by Sublessee
pursuant to ihis subparagraph (c) shall be equitably adjusted from
time to time to reflect any aotual increases or decreases in such
insurance premiums. and the amount of such adjustment shall be
mutually agreed to by the parties.
7
J(J~7
The amounLs to be paid by Sublessee pursuant to subparagraphs
(a), (b), and (c) above shall be paid to Sublessor at the same time
as Suld(osse" pays the rent pursuant to Section 8 above.
Sublessee shall pay prior to delinquency all taxes assessed
against the Personal Property and any other personal property owned
by Sublessee and used in the operation of the Premises.
10. I.:S)~~:;()r: '__$___(~OJ)_~_~2_!J.L_. ThE:.~ part i l~S acknowl edge tha t, pUl'suan t
to SpcLion 17 Dr Lh(> Lease, Lessor's prior written consent to any
subletting of the Premises is required. Therefore, the parties'
execu t ion 0 f th is Subl ease and the i l' performance thereunder is
subject to and contingent upon Lessor's giving its consent to this
Sublease, a,"l the parties hereto agree to cooperate and use their
best "fforts to obtain Lessor's consent her"to. Sublessee shall
have no further right of subletting or assignment of the Sublease.
It. GOlldj__~J~Q~LC?J__XLem i sefi.
(a) IIll)jJ~es,j.jgn. Subleasee has had the opportunity to
fully insppct the Premises and has satisf i(-:>d itsplf as to the
generrtl condi tion of the Premises and agrees to accept the Premises
in as is, where is" condiLion. Sublessor' warrents that it has
receiv"d no written notice that the Premises are in violation of
any ;lpplicahlp laws. regulations. p,ovprning ordinances and codes.
If after the Effective Date, the parties mutually agree that the
Prc~lIIises wer(-~ not in compliance with such laws and regulations as
of the Effective Date and such non-compliance can be attributed to
Sublessor's prior neglect or oversight from the time when said
Premises were under Sublessor's direct control, (July 1, 1986
through the Effective Date), Sublessor agrees to remedy any and all
items of non-compliance at its own expense. Sublessee acknowledges
that except as provided in this Section ll(a), neither Sublessor
nor Sublessor's employees or agents have made any representations
or war'ranties as to the condition of the Premisies, includirlg allY
represcmtatioll as to the suitability of lhe Premises for the
Sublessee's inlended uses.
(b) RooLRepairs. Sublessor explicitly acknowledges
that Lh(~ Pr('IIILSP'S roof' lc~aks and is in Ileed of rppairs. Sublessor
agrees. at its OWIl expense. to make whatever re!Jail'S are necessat"Y
to cOl'I"C'cL Lhr) leaking t'oof within tHO days of L1H' Effpctivp Datp.
Any slIhseqtH'tlt repairs and maintenancp of thp roof of thp Prpmisps
that Illay 1)(' IH'CPSf-Hl.ry during the 1\::'l'111 of this Subleast-.~ shall b(~
performed -by Sublessee at its expense.
12. MaJc!ltel1anc:e and Repa iI's.
8
/o,e-~
(a) Subject Lo the Lerms of SecLion to of the Lease,
Sublpssee shall be responsible for all maintenancp and repair of
Lhp H('sLatll':.lnL Pn'lIIisps. l'ersonal Pl'opprLy and any Pt:'l'sonal
prop,,,-ty ownpr! by Sublessee used in the operaLion of the Hestaurant
Premisl's. Sublessee agrees to maintain the Premises and the
Personal Property in good working order, repair and condition.
Upon expiraLion or earlier termination of the Sublease Term,
Subl"ssee shall be obligated Lo surrender the Premises and the
Owned Personal ProperLy (or replacement personal property of
comparable worth and quality) to Sublessor in a condition at least
as good as the condition in which Sublessee received the Premises
and the Personal Property as of Lhe Effective Date and in good
workirlg order arId repair.
( b) Not wi thstand ing Sect ion 7 of the Lease, Subt essor
shalt reLain responsibility for customary maintenance and upkeep of
the pal-king loL shared by the HesLaurant and Chula Vista (~olf
Conrse. Sui>lesspp's liability for any minor customary maintE'nanc"E'
and "pkeep dur-ing Lhe Term of this Sublease wiLl be limited to 50%
of LhF' cost~~ i Ilcurrl'd by Subl essor for any II normal and reoccur i Jig"
Hlinor customary lIl<:liI1Lenance and Upkf~Pp. It is pxpressly undersl.ood
by hoth par-Lips that Sublessee shall Hot bE' lIloIH-"lari ly l'psponsiblp
for allY major', (capi tal improvement lypp). 1'<,}>ai1'8 to the existing
parking arl'a~3 during the Term of this Sublpase. Sublessor shall
also lIP t'P~;Jl()llsihl(' for mainlaining Lhf" landscaping around lhp
Hestaurant building, Sublessee's liability for same is limited to
the amount stated in Section 9(b) of this Sublease. Sublessee
shall only be responsible for repairing or replacing any damage or
destruction to the parking lot or landscaping upon presentation of
reasonable proof that said damage was caused by Sublessee or its
employees, and agents, and/or its customers, invitees, or guests
patronizing the Sublesse's portion of the co-occupied Premises.
(c) Sublessee must obtain Sublessor's prior written
approval before commencing any repairs costing over $1,000.00
unless such repairs are required to be made due to an emergency
situation. Sublessee alone exercises sole discretion on what
constitutes an "emergencyll.
13. .!tlL,"r~JJon". Subject to the terms of SecLion 8 of the
Lease, other' than the improvements listed on Exhibit "H" to this
Sublp<lse. Sllhlc-sspp shall not altc'I' either thp exterior or intC'l'ior
of Lhp Prelllisps or (:hange any structural. mechanical ot' electrical
comp()Il(-~nt or the PrpllliSl~S without first obLaning the prior written
consenL of Sublessor anel City.
14. UJiliLies, Upon the Effective DaLe, Sublessee shall, at
its own expense, arrange to have transfered to Sublessee all
9
I/J"g,
utilities, including uut noL lilldLL'd Lo water, gas, electriciLy and
telephone service used in the Resluarant operalion of the Premises.
15. l.!lSlJr_~D_(;~;_S?-
(a) _;;_~.tJ~tc't>__~9,r~_~_~_9y_~r<:~_K<;. Suu} pssor sha 11 ma in La i n a 11
primary insllrance as required by Section 11 of the Lease, except
for that insurance c~overages maintained by Sublessee as
specifically noled in Seclion l5(b) below. Sublessor agrpes 10
name Sublessee as addilional insured on Sublessor's Comprehensive
Public Liabilily insurance policy as il relales 10 the parking lot
and Lhe walkways, Lhe landscaped areas and lhe grounds immedialely
adjacenl to lhe Reslaurant Premises.
( Il)
and maintain
Sublease the
_$..!:Ll?Jl~l?_~ee I ~__Q..over~Kg_. Sublessee agrees to procuI'e
at Sublessee's expense, during the Term of lhis
following insurance coverages:
(i) Sublessee shall maintain properLy insurance on
the HesLaut'anL bui lding and Personal Property contenls insuring
againsL loss or damage by fire, lighLning, and/or any other perils
insurable under the form of all risk <,overage then available in the
amounL of Uw Sublessor's Property Insurance policy deducLible,
currently the deducLible under Sublessor's Property Insurance is
S50,000.00. This coverage shall be primary to Sublessor's ProperLy
Insurance and shall cover the first dollar of any loss or damage.
This (~overage 811all have no co-insurance pt'ovisions. This coverage
shall have a deductible not in excess of Sl,OOO.OO and Sublessor
shall be named as 1 ass payee. Upon the occurence of any 1 ass or
damage covered by this insurance, Sublessee shall be responsible
for paying Lhe deductible.
(ii) Sublessee shall insure all personal property
owned by Sublessee located in the Hestaurant building, in an amount
not 10 exceed S30,000.00, against loss or damage by fire, lighlning
and/or other perils insurable under the form of extended coverage
the-I} ;:\vailal)le.
(iii) Business interruption insurance against
losses due Lo fire, lightning and other perils insurable under the
form of ext(>IHh~d covc~rage then avai lable in an amount not less Lhan
one hundred percent (100%) of the minimum I'F'llt due for a ninF" (C))
month period.
(iv) Comprehensive public liability insurance
including: bodily injury, personal injury, property damage, garage
keeper's liability, innkeeper's liabilily, products liability,
contractual liability, and liquor liability in an amount not less
than five million dollars (S5,000,000.00) single limil per
10
/d."b
OcclltT(~nC~p a.lld naming Sublessor and CiLy as additional insureds.
This policy shall contain an indor'spmpnt to the effect that such
inSUI';:ulCP a~) iL ['claLps Lo Lhe HesLaura.nL Premises shall be primary
to any simi la.r insurance t.hat may bp mainLained by American Golf
Corporation.
(v) Worker's Compensation and employer's liability
inSUr"<lllCe as requir"ed ullder applicable law.
(vi)
not Ipss Lhan one
nanlillg Sublpssor as
Fire legal liability insurance in an amount
hundred thousand dollars ($100,000.00), and
adiLional insured.
(c) Policies. All insurance coverage under this
Sublease shall be secured through policies issued by insurance
companies of good repulation and of sound and adequate financial
responsibil i ty which have been approved by Sublessor and City.
Sublessor's approval shall not be unreasonably withheld. Sublessee
shall deliv(~r to SlIblc")ssor certificates of insurance with respect
to all of the policies of insurance to bp maintained by Sublessee
undpI' Lhis Sublpa~)(.>, i.ncluding exisLing, addiLional and rPllPwal
policips; and ill Lhp caSE-~ of insurancE-' a,bouL Lo expire, SublpssF'e
shall drdivpy" Lo Sllhlpssor certif-icaLes of insurance with l'psIK>c-l
to the renewal policies not less than ten (10) days prior to the
respecLive dates of expiration. Sublf~ssee agrees nol to change
policy dednctibles prior to written notification of such intention
to Sublessor.
(d) Endorselllents. All policies of insurance maintained
by Sublessee under this Sublease shall contain clauses or
endorsements to the effect that such policies shall not be
cancelled without at least thirty (30) days prior written notice
from the insurance carrier to Sublessee, Sublessor and City.
16. lD!lemni fica t ion.
(a) Sublessee agrees to indemnify, defend and hold
harm I pss Su h 1 pssor' and Ci ly and l h(" i r t"pspecl i VP oWtH"rs, PlI1p 1 oyeps
and agents againsL any and all claims, dalllagE~, loss, judgPlllenL,
liabi liLy arltl CXpC~IIS~:', illcluding withouL limiLalion aLlorllPYs' fF'PS
and I {-->gal cosLs, incurrp.d direcL1y 01" by reason of any claim,
action, sllit Of' procppding broughL hy ot" on hphalf of any person ot"
persons for any damage, injury, loss or expense arising ouL of,
occa.sioned by or ill any way aLlributable Lo Lhe USP, oppralion or
OCCllpallCY of' the HpsLaurant on and afLr-"I' the Effectivp DaLe ot" acLs
or 01llif'lsions of Sublessee, its agpnls, employees or contractors.
Sublessee agrees that the obligations of Sublessee pursuant to this
sectic)n shall sllrvive the eXpil"atioIl or earlier tel"mination of this
Sublease.
11
/(J-' I
(h) Suhlc>ssor agrees to indemnify, defend and hold
hannll'SS S~IIJlp~-;~H~P ;lTHI i Ls r'(~sppcL ivc' OWtlC'l'S. pmployc'ps a11d <1gl"nls
againsl any and all claims, damagp, loss, judgement. liability and
eXl'C'IlSL', illcluding withouL limitation attorneysl fees and Ipgal
costs, incuJ'J~ell dil"eclly or by reason of allY claim, actioIl, stlit or
proc:(,'E:~d ing brollgh L by or on behal f of any person or persons for any
damagc>, injllry. loss or expense arising out of. occasioned by or in
any way attributable to Sublessor's use of or co-ocupancy of the
PremisE's on and after the Effective Date or acts or omissions of
Sulllessor, its ageIlts, etnployees or cUIILractal's. Sllblessor agrees
that the obligations of Sublessor ~Jrsuant to this section shall
survive thE' eXIliraLioJl or earlier terulinaLion of this Sublease.
l7. ::;Jaff. Sublessee agrees in good fai th to interview,
screen and consider for hiring all current hourly employees of
Sublessor working in the Restaurant (the "Restaurant Employees")
undpr Sublpssepls current wage guide] ines. AGe shall terminate the
employment of all Restaurant Employees as of the end of the day
imlll<'diately J)['eceding the Effective Datl' and shall pay all
Restaurant J':mploypl's all wages earnpd but unpaid through that datp.
Th,'",'aftel', A<:C shall have no further' obligation with rpganl to thp
Restaurant !l:mploypps. The name of the' current elllployeps, thpir job
title and their wages/salaries are indc>ntified on Exhibit "G" to
this Subleasp. AGC warrants and represents that it has created a
YolllllLary Empi ()yc~e' Beller icial'Y AssociaL ion (IIVEBAll) Trllst PU1'su:.lnL
to U", U.S. Employee l{etirement Income Security Act, 2q U.S.C.
SQctioll lOOl (,t seq., a.nd Lhat all vacation benefits owpd to
employr'C's :tIT' pa,id from the' procppds oj' this trust. AGe shall P;1y
vacation benefits to all eligible employees whose entitlement to
vacation benefits has actually vested as of the day immediately
preceding the Effective Date. With regard to any employee whose
entitlement to vacation benefits has not yet vested as of the
Effective Date and who remains employed by Sublessee after
Sublessee's ninety day probationary period, PHS agrees it shall
credi t such employee (for the purposes of determining accrued
vacation time) with the period of time that employee was employed
by AGC and for which employee's vacation benefits had not yet
vested.
lB. Hepr:(~s(~nt.aj.~j9PB_. Sublessor hC'reby
warrallls Lo Sublessee, as of the ErrecLivt:>
reprpsentations shall survive the Effective Date:
t'eprE:--"SPllLs and
Da.le-, which
(a) The:' Lf~ase is in full force' anel pffC'cL and
Lessee has received no notice from Lessor of
the existence of any breach or default.
12
II) "J--
(b) No liLigatiol\ is [H'fHting or threalened
regarding the Hc'staurant oppraLions.
Sub 1 F~ssor makes no
CUr'r"BIlt opol'alions
Restaurant.
other than as specifically set forth above,
repres(:-~ntation or w<:'lrranties regarding lhe
of Restaurant or the future prof i tabi 1 i ty of
lQ. .Cro~_~r's_ Commission. A brokerls commission in the
amount of $17,280.00 shall be paid to the Bigley Group. Sublessor
and Subless,,,, will each pay $8,640.00. Except for the broker's
commission as set forth in the preceding sentence, Sublessor and
Sublessee hereby represent and warrant to each other that no other
commission. fpp or other compensation is owed to any broker.
fiIldc,t", or uLher agent in connection with this lransaclion. and
each party Iwreby indemnifies and holds harmless the other party
from and againsL any claims for broker's commissions. finder's feps
or other compensation as a result of the indemnifying party's
entering into this transaction.
20. I1g1_dtl1gQv.ex. Upon expiration of this Sublease Term
Of' cat'lip1' termination of this Sublease, Sublessee shall
immediately vacate the Premises. Any holding over shall create a
month-to-month tenancy terminable on 30 days written notice given
at any tim" by either party. All convenants and conditions of this
Sublease shall remain in full force and effect during any holding
over period.
2l. Breacl1__..<!nct Remedies.
(a) The following events shall constitute a breach
of this Sublease and a defaul t of Sublessee thereunder: (1) if
Sublessee fails to pay rent or fulfill any other monetary
obligation of Sublessee to Sublessor, and Sublessee fails to cure
such monetary default within three (3) days after written
notificatioll from Sublessor to Sublessee of such default; or (2) if
Sublessee fails to keep, observe or perform any olher convenant,
obligatio!l (ll' LeI"111 of Sublessee Utlcjer this Sublease wheII dlle or
called for, and Sublessee fails to cure such default within ten
(10) days after written Ilotification from Sublessor of such default
(provided, however, that Sublessee shall not be deemed to be in
defaul L if Sublessee has commenced curC" and is diligently
prosc(~uting saine but is unable to COlllplete slJch cure withiIl len
(10) days); or (3) if Sublessee shall be the subject of a voluntary
or involuntary bankruptcy proceeding. reorganization, or
liquidatioJl proceeding commenced by or against Sublessee; (4) if
13
/tJ"3
Sublpssee shal l be ;ldjudged bankrupt, or a receiver be appointed
for Sllhlc~H~;('C~!s prOIH:'l'ly, or if Suhlesspp's inlQt'csL in this
Sublpase shall pass by operation of law to any person other than
Subl.c'ssee; (5) if a voluntary or involullLary l.iL'11 or encumbrance
rela,Ling to SublesspE' or Sublessee's operation. maintenance or use
of Prl'JJlises is placc'd on Lhe' Pr€"'lIIisps or' any p("I'sollal PropprLy and.
is noL removed within sixty (60) days; or (6) the occurrence of any
of thp evenLs set forth in Section 21A(2), 21A(S), or 21A(6) of the
Lease. If any of the events identified in the preceding sentence
should oceul' and Sublessee does not cure the default within the
time }J81'io(ls pt"ovide(l above, Sublessor may elect to ter'lninate this
Sublc'ase immediately and seek all remedies as provided under la\v
and pquity. In addition, upon thE' occurenc~e of any of the pvpnts
set rOl'th ill this Section 21, Sublessor shall have the same rights
and r'(~lIIl?di PS as Ci Ly does under the Lf:~ase upon the occurrence 0 r a
defaul t by I,,>sspe.
(b) The foLlowing c"v(-'nLs shall consLiLut.e a brr>ach
of this Sul,)pase and a default of Sublessor thereunder: (1) if
SulllPHsor fails to keep, obset've or perfot'ln allY coveIlanl,
obI igaLioll (II' Lc'rm of Sublessor' ulld('t' Lhis Subll'asC' WIH'1l dlH' or
callpd for. alld Sublessor fails to cure such default withill tpll
(10) days arCPt' wri LLC'Il noLificatiun ('r'olll SublC'Hsl'C' uf such dt'f'aull
(provider!, however, that Sublessor shall nol be dC"emed lo bp in
default if Sublessor has commenced cure and is diligently
prosecuting same but is unable to complete such cure wi thill tell
(10) days; or (2) if a voluntary or involuntary lien or encumbrance
relating to Sublessor or Sublessor's operation, maintnance 01' use
of Prpmises is placed on the Premises and is not removed within
sixty (60) days. If any of the events idpntified in the preceding
sentence should occur and Sublessor does not cure the default
within the timp period provided above, Sublessee may elect to
terminate this Sublease immediately and seek all remedies as
provided under law and equity.
(c) If Sublessor at any time by reason of
Subl essep' s defaul t pays any sum or c10es any act that rpqu ires
payment of any sum, the sum paid by Sublessor shall be immediately
due and owillg by Sublessee to Sublessor at the time said sum is
paid, and i r paid aL a later elate shall bear illterest at ten
pel'cC'llt (IO'X,) per allnum from the c1atp that the sum was paid
by Sublessor' alld until Sublessor is I'eimbursed by Sublessep.
procPt'd i ng
prevailing
atlorney's
(d) In the
l.lp Lw("en Sub"! essor
party shall be
rees and costs.
event of any
and Suhlpsspe
enti tIed to
Ipgal action or [(>gal
undpr this Sublf."asC', the
recover all reasonable
22. Quiet Enioymellt_. Subject to the terms and conditions
of the Leasp and this Sublease, so long as Sublessee complies with
14
/ tJ-1r-
all of ils (lllligaLiot\s IIlH!pr Lhis Sllblpase and Lhp !,pasp, SllhlpsSOl'
shall SC'(.~UI'(' to Stllll('s~~c'P Lhc~ qllil'l pnJoYlllt~t\L Ill' Lhl" Pl'L'1II1SPS
wiLhout. oh.j(~cLiotl or iI1L(~l'f(-"r'Ptlc.p from Sublessor or any party
claiming ulld(~r Subl(~ssor.
23. Ar~QLlratj_gJ-'. Any controversy or claim between the
parties relating to this Sublease or the Lease or any other
agreements relating hereto shall first be determined by
arbitration. In the spirit of mutual respect and cooperation uoth
parties agree that legal action to settle disrrutes shall always ue
the action of last resort. All arbitration shall be conducted
under the Commercial Rules of the American Arbitration Association.
All costs associated with arbitration shall be born equally by both
parties regardless of the outcome of the arbitration. Any
conLroversy con.cerning whether an issue is arbitrable shall be
determined by the arbitrators. Judgment upon the arbitration award
may be entcr'ed in any court having jurisdiction. The institution
and maintellaIlce of any action for judicial I"elief or pursuit of a
provisioIlal or ancillary relnedy shall flot COflstitute a waiver' of
thp right or any p;:lrty to submit the controversy or claim Lo
at'hi Lr'aLioll i r any oLhpr par'Ly conLpsL~~ slu"h act ion for judicial
reli,.r. Nothing contained in this Spctioll shall limit the right or
either party Lo exercise self-help remedies or to obtain
provi:,-_;ional or ancillary remedies from a courl of competenL
jurisdiction beforp or during thp pendency of any arbitration nor
does the exprcise of any sllch remedy waivp the right of eithpr
party to resort to arbitration.
24. General Provisions.
(a) Captions. The captions and headings used in
this Sublease are for the purpose of convenience only and shall not
be construed to limit or extend the meaning of any provision of
this Sublease.
(b) Notjces and Addresses. All notices, demands,
requests or replies provided for or permitted by this Sublease
shall be ill wriLing and Ulay be delivert.':,d by anyone of lhe
following ",,,thods: (I) by pprsonal delivery; (2) by deposit with
the U.S. Postal Service as certified or registered mail, return
receipt reqllc'sLc:>d, posLage prepaid. to Lhe addresses staled bplow;
(3) by prepaid tEd'?gram; or (4) by deposit with an overnight
pxprpss del Ivery sprvice. Notice deposited with the U.S. Postal
Servic:e in the manner described above shall bp deemed effec~tive
thr(-'(~ (3) Illlsiness days after deposil wiLh Lhe' PosLal Sprvicp.
Notice by t,'legram or overnight exprpss delivery sprvice shall be
dee1l1c~d effE'cLivE~ onE> (1) business day after Lransmission to the
telegraph company or after deposit with the express delivery
service. Notice by personal delivery shall be dpemed pffective at
15
/d---'/S
thc~ Lilllc~ of 1)(-'1'80I1a1 dc>livc~ry.
For Lhc" put'pOf3,PS of l1oLicps. (tPllIand. l'("qupsL. tT'ply
or paYIIIC'llt. tht, ;::\ddr'ess of Sublessor Shall be':
American Golf CorporaLion
c/o Chula Vista Golf Course
4475 BoniLa Road
Bonita, CA 91902
with a copy to:
American Golf Corporation
1633 26Lh Street
Santa Monica, CA 90404-4024
Attn.: Legal Department
The address of Sublessee shall be:
PHS Company
4475 Bonita Hoad
Bonita, CA 91902
ALLn.: C.E. Campion
(c) GQycXDinlLJ"aw. This Sublease and the righLs and
liabilities of the parLies to this Sublease shall be governed by
the laws of Lhe State of California.
(d) SgverabilJty_. If any provision of Lhis Sublpase
is invalidatpd by arbitration, judicial decision or statutory
enacLmenL, Lhe invalidiLy of any such provision will not effect Lhe
validiLy or onforceability of any other provision of the Sublease.
(e) Waivers.
(i) The waiver by Sublessor of any breach of
any t"rm, condition or covenant of this Sublease shall not be
deelIle(1 to be a waiver of any otller term, condition or covenant or
any subsequent breach of same. The acceptance of late rent payment
shall be dp('med Lo be a waiver of Lhe defaul L associated only wi th
that particular rent payment at the time of acceptance of such
payment.
(ii) The waiver by Sublessee of any breach of
any Lerm, condiLion or covenant of this Sublease shall not be
deenled to be a waiver of any other term, condition or covenant or
any s\lbseqllent breach of same. In any case. no covenant, term or
corldiLion of Lllis Sllblease shall lle deemed to have beerl waived by
either party unless such waiver is in writing and is signed by the
party waiving.
( f) EnoL i re Agreemen t .
This Sublease is the enLire
16
/t),'~
agrC'('lllpnt lH'Lwc'vn the parties, and supprsedcs <"lny Pl'ior agrePIllPnLs,
reprl-'~~PllLati()ns. negotiations or correspondence between the part.ies
exc('pL as l'xpr'l'ssc'd hc~rl~in. Except as otherwise pl'ovided hpl'pin,
no Stlh;)Cqlll'llt changl' 01' addition to this Suhlt"asc' sh;-tll be binding
unlpss in wt'iling and signed by the par'Lies.
(g) Alll11QLLty.
(i) Sublessee is a legal business trust and
the individual executing this Sublease on behalf of said business
trust represents and warrants that he is duly authorized to execute
and deliver this Sublease on behalf of said entity in accordance
with its t,'ust indenture and that this Sublease is binding upon
said entity in accordance with its terms.
(ii) Sublessor is a California corporation and
the individual executing this Sublease on behalf of said
corporatioll represents and warrants that he is duly authorized to
execute and deliver this Sublease on behalf of said entity in
accot'Clance with its corporate bylaws and that this Sublease is
binding upon said entity in accordance with its terms.
Suhl ('a:;L~ an'
Suh 1 c.'asp.
(h) Exhibi,Ls. All exhibits attached to
ht>reby illcorporatc'd into and madt, a part or
this
this
( i )
perforJllancc of each
Jil.n~_.
term,
TilllP is of thp PSSPI1CP for' tht"
condition and covenant of this Sublease.
(j) E_sJ&I>E~.~ertj.Jj_g_",_te. Ei ther Sublessor or
Sublessee may request an estoppel certificate from the other party
regarding any matter referred to in this Sublease or in the Lease
and the parties' agree to furnish said certificate within fifteen
(15) days following receipt of written notice of such request.
25. CQmp.lj".Ilc::.~....J\'i.UL...1..aws. Each party agrees to compl y wi t h
all rederal, state, county, and local laws, rules, regulations,
ordinances, and codes relating to the use and operation by such
party of the Premises. Nei ther party shall store, manufacture,
use, disposp of, or release allY hazardolls substances or materials
on, uncler, or around the Premises, except such hazardous substances
or DlaLerials custoDlarily used in tile operatioll and Illailltenarlce of
a l'pstauranL. har facility, or a golf C()llrSC~ ope'ration providF'd
that such hazardous Sllbstancps alH! mal.prials are llSpd (\IH1 stol,t"d in
su(:h rlllantitit,S ;:uHI in su(~h m;\lll1e1' as to comply with all applicable
fedend, state, county, '" local laws and regulations. Both
partic>s here'by agrpp to ill !llnify. defend, and hold harmless the
other party and i Ls owners, off icers, employees. and agents from
and against all claims, actions, liabilities, damages, judgments,
losses, costs, and expenses (including attorney's fees) arising
from the ilHlemnify ing party's misuse or improper manufacturEc',
storage, disposal, or relp~se of hazardous substances or materials
17
//)'97
'"'
on. under. or around the Premises or any remedial action required
by any governmental or quasi-governmental agency with respect to
such hazardous substances or materials.
26. Capital improvements. Sublessee hereby agrees to
complete. (with Sublessor' s and City's prior approval). wi thin the
current Term of the Lease the capital improvement items described
in Exhibit "H" attachecj to this Sublease. Once work commences on
any specific improvement project Subleasee agrees to complete the
project in the most expedient and timely manner possible.
Sublessee acknowledges and understands that ei ther Sublessor a.nd/or
City may impose certain conditions upon Sublessor in connection
with such capital improvement items. SUblessor aCknowledges that
"imposed certain conditions" as mentioned above may vacate, at
Sublessee's option. Sublessee'S obligation to complete any or all
capital improvements as described in Exhibit "H".
27. Golf Cour Emplovee Meals. Sublessee hereby agrees that
all purchases at the Restaurant for food and non-alcoholic
beverages made by those AGC employees duly employed onlY at the
Chula Vist Golf Course shall be charged at one-half (50%) the price
charged to the public. Sublessor acknOWledges that such
accommodation does not extend to other AGe employees employed at
other AGe facilities or their corporate office.
28. No EncUQlQrances. Neither party to this Sublease shall
create or incur any voluntary or involuntary liens, mortgages. or
ot.her encumbrance aQ~i-not the Prc:rnis-c:3--or any of t.hc.-pc~nal
Property.
29. Use of Premises. Sublessee intends to offer cost
effective and profitable hours of operation and intends to
implement an aggresive marketing plan to attract new patrons for
ca.tered events. conferenceS and special ~'a la carte" events ope'n to
the general publiC. The special "a la carte" events include but
may not be 1i ted t~ a Friday Night Big Band Dinner Dance and a
Sunday Champagne Jaz Brunch. In addition, Sublessee intends to
continue to offer ade,.uate services for the golfer and the general
pUblic in the Nineteenth Hole Sports Pub and the f-~ck Bar.
SUBLESSEE
SUBLESSOR
PHS COMPANY.
a legal business trust
By ~ ~~ ~~_C_
Its Firat Trustee
AMERICAN GOLF CORPORATION
a California corporation
"'~_ ... sf:A
It t"EC.r-t -rMY
18
/IJ.,IJY
Attachment D
PROPOSED CAPITAL IMPROVEMENTS
PHS COMPANY
TO THE FACILITIES AT
4475 BONITA RD.
A.) SHORT TERM IMPROVEMENTS 1-3 MONTHS:
1.) REMOVE VERTICAL WOODEN POLES, LATTICE WORK AND BRASS RAILS IN
THE GARDEN ROOM TO MAKE SPACE MORE FLEXIBLE IN ACCOMMODATING
BANQUET STYLE SEATING ARRANGEMENTS.
2.) LAY NEW CARPETING IN THE GARDEN ROOM, EXISTING CARPETING IS
WORN TIIIN AND SPOTTED.
:1.) LAY A NEW PARQUET DANCE FLOOR AT THE BASE OF THE STAIRS IN
THE GARDEN ROOM TO ACCOMMODATE THE FRIDAY NIGHT BIG BAND
DINNER/DANCE MEAL PERIOD.
4.) I1ENOVATE NON-LOAD BEARING WALL BETWEEN THE GARDEN ROOM AND
TilE FAIRWAY ROOM.
5.) REPLACE EXISTING CURTAINS ON HALLWAY STORAGE AREA WITH AN
ACCORDION DOOR.
B.) NEAR TERM IMPROVEMENTS 3-24 MONTHS:
1.) REPLACE THE EXISTING CHANDELIERS IN THE BALLROOM.
C.) PROPOSED LONG TERM IMPROVEMENTS >24 MONTHS:
1.) ADD A SPANISH STYLED PATIO, WITH WATER FOUNTAIN, ADJACENT TO
THE EXISTING BALLROOM ON THE SOUTH SIDE OF THE FACILITY. PATIO
WOULD BE ENCLOSED WITH WALLS COMPLEMENTING THE EXTERIOR OF THE
FACILITY AND SPANISH STYLED WROUGHT IRON GATES.
2.) COSMETICALLY AND STRUCTURALLY RENOVATE FRONT MAIN BAR AREA -
POSSIBLY AlJIHN(; A SKYLIGHT TO IMPROVE NATlIHAL LIGHTING; POSSIBLY
SHRINKING THE SIZE OF THE BAR MAKING IT LESS OBTRUSIVE AND FREEING
UP MORE USEABLE FLOOR SPACE; POSSIBLY ENCLOSING SOME OR ALL OF THE
FOUR EXISTING WALKWAYS INTO THE SPACE FROM THE FRONT HALLWAY WITH
DOORS AND/OR WALLS TO MAKE THE SPACE MORE SALABLE FOR PRI V ATE
FUNCTIONS.
APPROVAL OF THOSE PROJECTS LISTED IN SECTION "A" ABOVE IS REQUESTED
AT THE TIME OF INITIAL SUBMISSION OF THE SUBLEASE FOR APPROVAL.
/p,99
...2.2 - 8/
RESOLUTION NO. 1~~:J5'
.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMERICAN GOLF
CORPORATION'S REQUEST TO SUBLEASE THE GOLF
COURSE RESTAURANT AND BAR TO PRESTIGE
HOSPITALITY SERVICES
WHEREAS, American Golf corporation has requested to
sublease the Golf Course Restaurant and Bar operation to Mr. Chris
campion, President, Prestige Hospitality Services Company in
accordance with paragraph #17, Assignment/Subleases, of the
Agreement between American Golf corporation and the city of Chula
Vista for the operation of the Golf Course Restaurant and Bar
facility.
NOW, THEREFORE, BE IT RESOLVED that the city council of
the City of Chula Vista does hereby approve American Golf
corporation's Request to Sublease the Golf Course Restaurant and
Bar to prestige Hospitality Services.
d as to f
Ih
.
presented by
Jess Valenzuela, Director of
Parks and Recreation
Bruce M. Boogaard,
Attorney
C:\nIPmti&.
...
....
/().../()o
COUNCIL AGENDA STATEMENT
Item I J
ITEM TITLE:
Meeting Date 5-26-92
Resolution I"":J~ Amending the FY 1991-92 budget to add
two temporary, part-time Unclassified Intern positions in the
Public Works Department and appropriating funds therefor
Director of Public wor~~
City ManagerJG, ~ ~ - (4/5ths Vote: Yes-LNo_>
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
The 1991-92 budget includes a Capital Improvement Project to perform a Growth
Management Program Traffic Study. Transportation Development Impact Fees
funds were appropriated for this purpose. It was staff's initial intent to
have a transportation consultant perform the Growth Management Program Traffic
Study. Staff has reassessed the need to engage a traffic consultant and has
determined that it would be possible to perform the study "in-house" with
temporary personnel. Performing the study "in-house" is estimated to result
in a savings of more than $30,000.
Specifically, staff is requesting Council's approval to utilize funds
appropriated in the CIP Growth Management Traffic Monitoring Study project to
hire two additional part-time Intern positions to collect field data for the
Growth Management Traffic Monitoring study.
RECOMMENDATION: That Council approve the resolution authorizing two
temporary part-t ime Intern II pos it ions, for a total of 360 hours, between
June 1 and October 31, 1992, to collect traffic intersection turning movement
counts for the 1992 Traffic Monitoring study and appropriate $3,000 from the
unappropriated balance of the General Fund.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The goal of the Growth Management Traffi c Monitori ng Program is to assess
traffic conditions in the field and monitor the performance of the street
system in terms of 1 eve 1 s of servi ce and provide the Council i nformat i on on
how our Traffic Thresholds are being met. Attached as Exhibit "A" is a copy
of those thresholds.
The 1989 and 1990 Traffic Monitoring Studies were prepared by a professional
consultant because staff did not possess at that time sufficient resources,
computer software, nor available staff time to perform these studies
in-house. The initial studies required verification of those data to be used
in future studies to provide comparison of changes in level of service
performance. These first studies required the collection of traffic volume
turning moves during the AM, noon and PM peak periods at over 100
intersections. Based on those earlier studies, staff determined that a total
of only 45 peak periods at 36 intersections need to be monitored on an annual
basis. These intersections were identified in the previous studies as those
/1-/
Page 2, Itelll / J
Meeting Date 5-26-92
where the peak hour level of service was far worse. Attached as exhibit "B"
is a copy of the results of the earlier intersection study with the
intersections and peak periods to be studied now identified for Council's
information. Additionally, the methodology used in calculating levels of
service performance required the use of computer software which staff did not
process. Since staff is in the process of obtaining a computer and software
to analyze traffic operating level-of-service conditions, we have the
capabil ity of performing the analytical portion of the Traffic Monitoring
Study. However, we still lack the personnel to collect field data.
In order to prepare the report, the field data to be collected consists of
turni ng movement counts and travel time pl ace duri ng the 45 peak periods
identified above. Once the field data is collected, the data will be analyzed
utilizing a level-of-service Highway Capacity Manual (HCM) methodology
computer software model.
Staff is requesting Counci 1 approval to add two temporary part-time Intern
II's to perform the field data collection. It is estimated that a total of
360 hours are required for two Interns for four hours each during the 45 peak
periods at the 36 identified intersections. The total cost for the 2 Interns
is $3,000.
FISCAL IMPACT: Funds to perform the 1991-92 Growth Management Traffic
Monitoring Study utilizing staff personnel and hiring two Intern II's are
available in the 1991-92 Capital Improvement Program (621-6210-TF 224)
project. The general fund wi 11 be reimbursed at the full cost recovery rate
for a total of $7,321 from the CIP project out of the Transportation
Development Impact Fee fund and will result in a net increase to the general
fund of $4,321.
WPC 5987E
//-,)..
RESOLUTION NO. 16636
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1991-92 BUDGET TO ADD
TWO TEMPORARY, PART-TIME UNCLASSIFIED INTERN
POSITIONS IN THE PUBLIC WORKS DEPARTMENT AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the 1991-92 budget includes a Capital
Improvement Project to perform a Growth Management Program Traffic
Study with Transportation Development Impact Fees being
appropriated for this purpose; and
WHEREAS, it was staff's initial intent to have a
transportation consultant perform the Growth Management Program
Traffic Study; and
WHEREAS, staff has reassessed the need to engage a
traffic consultant and has determined that it would be possible to
perform the study "in-house" with temporary personnel; and
WHEREAS, performing the study "in-house" is estimated to
result in a savings of more than $30,000; and
WHEREAS, staff is requesting Council's approval to
utilize funds appropriating in the CIP Growth Management Traffic
Monitoring Study project to hire two additional part-time Intern
positions to collect field data for the Growth Management Traffic
Monitoring Study.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby amend the FY 1991-92 budget to
add two temporary, part-time Unclassified Intern II positions in
the Public Works Department, for a total of 360 hours, between
June 1 and October 31, 1992, to collect traffic intersection
turning movement counts for the 1992 Traffic Monitoring Study.
BE IT FURTHER RESOLVED that the sum of $3,000 is hereby
appropriated from the unappropriated balance of the General Fund
and transferred into Account No. 100-1430-5105 which General Fund
will be reimbursed on a full cost recovery basis from capital
Improvement Program 621-6210-TF224.
Presented by
Approved as to
IL Ih.
John P. Lippitt, Director of
Public Works
C:rs\mgtech
Bruce M. Boogaa , C1ty
Attorney
II... 3
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CITY OF CHULA VISTA GROWTH MANAGEMENT PLAN
REVISED TRAFFIC ELEMENT - MAY 1991
GOALS
* To provide and maintain a safe and efficient street system
within the City of Chula Vista.
* To establish a performance measurement methodology enabling
the City to accurately determine existing levels of service
for motorists.
* To define a level of service (LOS) value that represents a
high quality of traffic flow under constrained operating
conditions during peak periods of traffic activity.
* To establish a performance standard which is consistent with
the Regional Growth Management Standards.
* To maintain consistency in terms of LOS ratings wi th the
previous intersection capacity utilization (ICU) methodology.
OBJECTIVES
1 . Ensure timely provJ.sJ.on of adequate local circulation system
capacity in response to planned growth, maintaining acceptable
levels of service.
2. Plan new roadway segments and signalized intersections to
maintain acceptable standards at build-out of the General plan
Circulation Element.
THRESHOLD STANDARDS
*
City-wide: Maintain LOS "c" or
average travel speed on all
except that during peak hours
than any two hours of the day.
* west of 1-805: Those signalized arterial segments which do not
meet the standard above, may continue to operate at their
current (Year 1991) LOS, but shall not worsen.
better as measured by observed
signalized arterial segments
LOS "0" can occur for no more
Notes to Standards
*
Arterial segment LOS measurements shall
average weekday peak hours, excluding
special circumstance variations.
* Urban and suburban arterials are defined as surface
highways having signal spacing of less than two miles
with average weekday traffic volumes greater than 10,000
vehicles per day.
be for
seasonal
the
and
* Arterial segments are stratified into the following three
classifications as shown on the attached graphic:
//-3
Class I arterials are roadways where free flow traffic
speeds range between 35 mph and 45 mph and the number of
signalized intersections per mile are less than four.
There is no parking and there is generally no access to
abutting property.
Class II arterials are roadways where free flow traffic
speeds range between 30 mph and 35 mph, the number of
signalized intersections per mile range between four and
eight, there is some parking and access to abutting
properties is limited.
Class III arterials are roadways where free flow traffic
speeds range between 25 mph and 35 mph and the number of
signalized intersections per mile are closely spaced.
There is substantial parking and access to abutting
property is unrestricted.
* The LOS measurements of arterial segments at freeway
ramps shall be a growth management consideration in
situations where proposed developments have a significant
impact at interchanges.
*
Circulation
anticipated
standards.
improvements should be implemented prior to
deterioration of LOS below established
* The criteria for calculating arterial LOS and defining
arterial lengths and classifications shall follow the
procedures detailed in Chapter 11 of the 1985 Highway
Capacity Manual (HCM) and shall be confirmed by the City
Traffic Engineer.
* During the conduct of future Traffic Monitoring Program
(TMP) traffic field surveys, intersections experiencing
significant delays will be identified. The information
generated by the field surveys will be used to determine
possible signal timing changes, geometric and/or traffic
operational improvements for the purpose of reducing
intersection delay.
* Level of service values for arterial -segments shall be
based on the following table:
Level of Service AveraQe Travel Soeed (MPH)
Class 1 Class 2 Class 3
A 1-35 1-30 1-25
B 1-28 1-24 . 1-19
C 1-22 1-18 1-13
D 1-17 1-14 1- 9
E 1-13 1-10 1- 7
F <13 <10 < 7
Source: Highway Capacity Manual, Special Report 209,
Transportation Research Board, National Research Council,
Washington, D.C., 1985.
1/-,/
ZmDlementation Measures
* Should the Growth Management Oversight Commission (GMOC)
determine that the Threshold Standard is not being
satisfied, then the City Council shall, within 60 days of
the GMDq's report, schedule and hold a public hearing for
the purpose of adopting a moratorium on the acceptance of
new tentative map applications based on all of the
following criteria:
1. That the moratorium is limited to an area wherein a
causal relationship to the problem has been established;
and,
2. That the moratorium provides a mitigation measure to
a specifically identified impact.
(C:\SM\TMP91.DOC)
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. EXfU&'T '&'
Table 1-4
CITY OF CHULA VISTA
GROWTH MANAGEMENT PLAN
YEAR 1990 TRAFFIC MONITORING PROGRAM
SUMMARY OF INTERSECTION CAPACITY UTILIZATION ANALYSIS
JHK & ASSOCIATES - APRIL 1991
YEAR 1990
Count
Number Intersection/Location AM MIDDAY PM
IOl L.O.S IOl LllS IOl LllS
1 Industrial & Palomar Street 0.49 A 0.66 B 0.60 A
2 Industrial & L Street 0.63 B 0.65 B 0.90 O-lk
3 Woodlawn Avenue & "E" Street 0.41 A 0.49 A 0.57 A
4 Woodlawn Avenue & "H" Street 0.39 A 0.61 B 0.60 A
5 Trolley Station Drive & Palomar Street 0.40 A 0.59 A 0.55 A
6 Broadway & "C" Street 0.42 A 0.51 A 0.53 A
7 Broadway & "0" Street 0.33 A 0.45 A 0.51 A
8 Broadway & "E" Street 0.52 A 0.64 B 0.70 B
9 Broadway & "F' Street 0.66 B 0.63 B 0.70 B
10 ~wav & "0" Street 0.34 A 0.68 B 0.72 C,*
11 Broadway & "H" Street 0.39 A 0.65 B 0.65 B
12 Broadway & "I" Street 0.34 A 0.67 B 0.62 B
13 Broadway & "J" Street 0.42 A 0.66 B 0.68 B
14 Broadway & "K" Street 0.35 A 0.55 A 0.60 A
15 Broadwav & "L" Street 0.38 A 0.70 B 0.74 C~
16 Broadway & Moss Street 0.35 A 0.55 A 0.66 B
17 Broadway & Naples Street 0.36 A 0.67 B 0.80 C'*
18 Broadway & Oxford Street 0.40 A 0.67 B 0.70 B
19 Broadway & Palomar Street 0.53 A 0.66 B 0.66 B
20 Broadway & Anita Street 0.34 A 0.48 A 0.57 A
21 Broadwav & Main Street 0.50 A 0.67 B 0.83 0*
22 Orange Avenue & Palomar Street 0.51 A 0.44 A 0.47 A
23 Fifth Avenue & "E" Street 0.41 A 0.48 A 0.58 A
24 Fifth Avenue & "F' Street 0.50 A 0.57 A 0.66 B
25 Fifth Avenue & "0" Street 0.44 A 0.44 A 0.53 A
26 Fifth Avenue & "H" Street 0.50 A 0.66 B 0.69 B
1-17 /1-7
Table 1.4 (Continued)
CITY OF CHULA VISTA
GROWTH MANAGEMENT PLAN
YEAR 1990 TRAFFIC MONITORING PROGRAM
SUMMARY OF INTERSECTION CAPACITY UTILIZATION ANALYSIS
JHK & ASSOCIATES - APRIL 1991
YEAR 1990
Count
Number Intersection/Location AM MIDDAY PM
Kll I&S. Kll I&S. Kll I&S.
27 Filth Avenue & "I" Street 0.32 A 0.47 A 0.59 A
~ ef1h Avenue & "J" Street 0.58 A 0.49 A 0.72 C;(:,
,
29 F1fth Avenue & "K" Street 0.48 A 0.41 A 0.48 A
30 F1fth Avenue & "L" Street 0.51 A 0.42 A 0.59 A
31 F1fth Avenue & Palomar Street 0.37 A 0.37 A 0.39 A
1132 Fourth Avenue & "C" Street 0.42 A 0.76 C*,0.75 C~
33 Fourth Avenue & "0" Street 0.31 A 0.44 A 0.49 A
~ fourth Avenue & "E" Street. 0.47 A 0.74 C* 0.73 C*'
35 Fourth Avenue & "F" Street 0.44 A 0.67 B 0.67 B
,36 Fourth Avenue & "G" Street 0.50 A 0.53 A 0.73 C-J,h.
37 Fourth Avenue & "H" Street 0.48 A 0.70 B 0.74 C~
~R Fourth Avenue & Itf" S~t 0.52 A 0.68 B 0.80 C:ltE-
39 Fourth Avenue & "J" Street 0.57 A 0.60 A 0.83 03IE:
40 Fourth Avenue & "K" Street 0.49 A 0.54 A 0.67 B
41 Fourth Avenue & "L" Street 0.51 A 0.54 A 0.75 C~
42 Fourth Avenue & Moss Street 0.44 A 0.51 A 0.60 A
43 Fourth Avenue & Naples Street 0.41 A 0.51 A 0.61 B
44 Fourth Avenue & Oxford Street 0.39 A 0.62 B 0.60 A
45 Fourth Avenue & Palomar Street 0.48 A 0.44 A 0.50 A
46 Fourth Avenue & Orange Avenue 0.61 B 0.50 A 0.75 C,*,
47 Fourth Avenue & Anita Street 0.29 A 0.33 A 0.46 A
48 Fourth Avenue & Main Street 0.44 A 0.53 A 0.54 A
49 Third Avenue & ''E'' Street 0.37 A 0.60 A 0.64 B
50 Third Avenue & Davidson Street 0.30 A 0.49 A 0.54 A
51 Third Avenue & "F' Street 0.37 A 0.64 B 0.78 C~
52 Third Avenue & "G" Street 0.42 A 0.60 A 0.71 C~
1-18 //-15
Table 1-4 (Continued)
CITY OF CHULA VISTA
GROWTH MANAGEMENT PLAN
YEAR 1990 TRAFFIC MONITORING PROGRAM
SUMMARY OF INTERSECTION CAPACITY UTILIZATION ANALYSIS
JHK & ASSOCIATES - APRIL 1991
YEAR 1990
Count
Number Intersection/Location AM MIDDAY PM
Kll LOS Kl! LOS Kll LOS
53 ll1iuJ Avenue & "Hft Street 0.50 A 0.69 B 0.82 D~
.54 1Jrird Avenue & "I" Street 0.45 A 0.66 B 0.76 c~
55 Third Avenue & "J" Street 0.56 A 0.74 c~ 0.90 D~:
_56 Third Avenue & ''K'' Street 0.43 A 0.61 B 0.75 c~
57 l)Iird Avenue & "L" Street T 0.45 A 0.73 ci'- 0.75 C~
58 Third Avenue & Moss Street 0.44 A 0.59 A 0.59 A
59 Third Avenue & Naples Street 0.40 A 0.61 B 0.66 B
,60 1JliI31 Avenue & Oxford Street 0.45 A 0.70 B 0.84 D~
61 Third Avenue & Palomar Street 0.51 A 0.61 B 0.63 B
.62 Third Avenue & Quintard Street 0.33 A 0.52 A 0.53 A
63 Third Avenue & Omngc Avenue 0.43 A 0.48 A 0.63 B
64 Third Avenue & Montgomery Street 0.29 A 0.42 A 0.38 A
65 Third Avenue & Main Street 0.54 A 0.53 A 0.59 A
66 Fourth Avenue & Bever Way 0.49 A 0.65 B 0.76 c~
67 Second Avenue & "E" Street 0.64 B 0.67 B 0.72 c*
68 Second Avenue & "F" Street 0.49 A 0.47 A 0.66 B
69 Second Avenue & "H" Street 0.58 A 0.54 A 0.61 B
70 Second Avenue & "L" Street 0.37 A 0.41 A 0.47 A
71 Second Avenue & Palomar Street 0.39 A 0.32 A 0.40 A
72 Second Avenue & Omnge Avenue 0.45 A 0.34 A 0.41 A
73 Fl1'St Avenue & "E" Street 0.50 A 0.45 A 0.60 A .
74 Fl1'St Avenue & "H" Street 0.68 B 0.63 B 0.75 c~
75 Fl1'St Avenue & "L" Street 0.39 A 0.37 A 0.46 A
76 Flower Street & "E" Street 0.52 A 0.57 A 0.74 c~
77 H,Wtoo Drive & "H" Street 0.67 B 0.69 B 0.96 E~
78 Hilltop Drive & "I" Street 0.61 B 0.40 A 0.59 A
1-19 / j""?
Table 1-4 (Continued)
CITY OF CHULA VISTA
GROWTH MANAGEMENT PLAN
YEAR 1990 TRAFFIC MONITORING PROGRAM
SUMMARY OF INTERSECTION CAPACITY UTILIZATION ANALYSIS
JHK & ASSOCIATES. APRIL 1991
yEAR 1990
Count
Number IntersectionlLocation AM MIDDAY PM
lCl L.llS lCl L.llS lCl L.llS
79 ~ve & "J" Street 0.78 C of' 0.49 A 0.80 .C~
.,80 ijjptoD Drive & "L" Street 0.59 A 0.65 B 0.80 C
81 Hilltop Drive & Naples Street 0.51 A 0.46 A 0.54 ,A
'82 Hilltop Drive & Palomar Street 0.55 A 0.42 A 0.56 .A
83 Hilltop Drive & Quintard Street 0.56 A 0.32 A 0.45 :A
84 Hilltop Drive & Orange Avenue 0.53 A 0.38 A 0.57 A
85 Hilltop Drive & Main Street 0.52 A 0.46 A 0.53 A
86 Bonita Glen & "E" Street 0.46 A 0.53 A 0.70 B
87 CuyamacaAvenue& "L" Street 0.43 A 0.38 A 0.62 B
88 Max Avenue & Orange Avenue 0.42 A 0.32 A 0.46 A
89 Monserate Avenue & "L" Street 0.47 A 0.40 A 0.65 B
90 Melrose Avenue & Orange Avenue 0.57 A 0.44 A 0.69 B
91 Melrose Avenue & Main Street 0.47 A 0.41 A 0.53 A
92 T~emDh Canyon Road & "L" Street 0.71 C~ 0.61 B 0.73 C~
~~ Wq,tow Street & Bonita Road 0.57 A 0.57 A 0.77 C~
. 94 Allen School Road & Bonita Road 0.48 A 0.44 A 0.63 B
J95 Otav Lakes Road & Bonita Road 0.78 Cflt 0.53 A 0.75 C~
96 Otay Lakes Road & Allen School Lane 0.36 A 0.31 A 0.33 A
97 Canyon Drive & Otay Lakes Road 0.42 A 0.35 A 0.38 A
98 Bonita Point Plaza Dr. & Otay Lakes Road 0.39 A 0.34 A 0.36 A
99 Wden Vista Drive & East "8" Street 0.57 A 0.62 B 0.78 C~
JOO ~V'.n DelRev & East "H" Street 0.75 C~ 0.48 A 0.79 :C'lJ!,
101 Buena Vista Way & East "8" Street 0.61 B 0.45 A 0.62 B
102 South Western College & East "8" Street 0.57 A 0.54 A 0.53 A
~103 Otav T "k..S Road & PH~t "8" Street 0.75 C~ 0.60 A 0.66 .B
104 Auburn Avenue & East "8" Street 0.44 A 0.28 A 0.43 A
105 Rutgers Avenue & East "8" Street 0.57 A 0.33 A 0.50 A
1-20 / /- II)
Table 1.4 (Continued)
CITY OF CHULA VISTA
GROWTH MANAGEMENT PLAN
YEAR 1990 TRAFFIC MONITORING PROGRAM
SUMMARY OF INTERSECTION CAPACITY UTILIZATION ANALYSIS
JHK & ASSOCIATES . APRll.. 1991
YEAR 1990
Count
Number Intersection/Location AM MIDDAY PM
Kll L!lS Kll LllS Kll L.QS.
106 Halecrest & Telegraph Canyon Road 0.57 A 0.48 A 0.65 B
107 Crest Drive & Telegraph Canyon Road 0.67 B 0.61 B 0.66 B
108 Paseo Del Rey & Telegraph Canyon Road 0.61 B 0.46 A 0.56 A
109 Medical Center Drive & Telegraph Canyon 0.40 A 0.33 A 0.49 A
.,'
1-21 / J- / /
COUNCIL AGENDA STATEMENT
Item
/:J..
Meeting Date 5/26/92
ITEM TITLE: Resolution /t~ 37 Approving Parcel Map Agreement and
Authorizing the Mayor to execute said Agreement in conjunction
with Final Parcel Map for EastLake Village Center South
Resolution I"" '}8'" Authorizing the City Engineer to
execute all Parcel Map Agreements on behalf of the City Council
SUBMITTED BY: Director of Public Work~
REVIEWED BY: City Manager J.~ ~~ (4/5ths Vote: Yes_ No l)
EastLake Development Company (EastLake) has applied for and been granted
conditional approval of Tentative Parcel Map 92-2. In satisfaction of
Conditions of Approval Nos. 4, 7, and 8, EastLake has executed an agreement
which is now before Council for approval. Staff recommends that Council
authorize the City Engineer to execute similar parcel map agreements in the
future.
RECOMMENDATION: That Council adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The project, located at the southwest corner of the intersection of Otay Lakes
Road and EastLake Parkway, consists of the subdivision of an existing parcel
into 12 lots for commercial development. Section 66426(c) of the Subdivision
Map Act requires subdivision of a parcel into more than five commercial lots
through the parcel map process where the land is commercial and the street
al ignments have been approved. This parcel is commercially zoned and fronts
on Otay Lakes Road and EastLake Parkway.
Parcel maps are generally administratively processed and approved jointly by
the Pl anni ng and Publ i c Works Departments. The tentat i ve parcel map for the
subject development has been reviewed and conditionally approved by Letter of
Conditional Approval dated May 11, 1992. Condition Number 4, 7, and 8
required the developer to enter into an agreement with the City to not protest
the formation of a Telegraph Canyon Channel Maintenance District (Condition
4); indemnify the City from any claim or action with regard to the approval of
the subdivision (Condition 7); and to restrict access to provide cable
television service to only those franchised television companies who are in
compliance with all the terms and conditions of their franchise (Condition
8). The proposed agreement will satisfy these conditions.
The City Attorney has determined that similar conditions relating to indemnity
and restriction of access to provide cable television service shall be placed
on all subdivision and parcel maps.
I,), ./
Page 2, Item
Meeting Date
;;...
5/26/92
Currently, staff does not have the authority to accept agreements in
connection with parcel maps: Since Council has in the past delegated
authority for approval of parcel maps to the Director of Planning and City
Engineer and delegated authority for acceptance of grants of easements and
dedications on parcel maps to the City Clerk, it is recommended that Council
also delegate authority to execute future parcel map agreements relating to
these standard conditions to the City Engineer and/or the Director of
Planning. These agreements will gi ve the Ci ty a 1 egal document to enforce
conditions of the parcel map approval that cannot be completed prior to
recordation of the map. Typically, these agreements may relate to required
public improvements where no future bU1lding permit will be issued, agreements
not to protest future actions, cable television access provisions, or
indemnification.
FISCAL IMPACT: Avoidance of staff costs charged to developers for
presenting standard parcel map agreements to Council.
GF /EP-141
WPC 6000E
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OWNBY: SE ASTLAKE VILLA
DATE:5-15-92 TPM 92-2 I.:J.~:J
FILE NO.EP-141
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OlY OF
CHULA VISTA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
May 11, 1992
File # EP-141
Eastlake Development Company
900 Lane Avenue, suite 100
Chula Vista, CA 91913
TENTATIVE PARCEL MAP 92-2, EASTLAKE VILLAGE CENTER SOUTH
,
The Engineering and Planning Departments have reviewed Tentative
Parcel Map 92-2, dated May 6, 1992. The map substantially meets
the requirements of the Subdivision Map Act for tentative maps.
The Tentative Parcel Map is hereby approved subject to the
following:
A. Conditions of Approval
1. Reciprocal access easements shall be granted amongst all
parcels per Chula vista Municipal Code requirements to assure
permanent access to Otay Lakes Road or Eastlake Parkway for
each parcel as determined by the City Engineer. A note shall
be placed on the Final Parcel Map indicating irrevocable
access to a public street shall be provided for parcels 2-5
which shall be recorded in CC&R's for the subject development.
2. 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 reapportionment of assessments
as a result of subdivision of lands within the project
boundary. The developer shall request said reapportionment
and shall provide a deposit in the amount of $1000.00 to cover
the initial costs prior to the approval of the Final Parcel
Map.
3. The subj ect property is wi thin the boundaries of the Telegraph
Canyon Drainage Benefit area established by City Ordinance No.
2384. The developer shall satisfy payment of the Telegraph
canyon Drainage fees in the amount of $87,422.83 by providing
a letter indicating credits shall be used or paying the fees
prior to approval of the Final Parcel Map.
4. The developer shall enter into an agreement with the City
whereby the developer agrees not to protest formation of a
Telegraph canyon Maintenance District. said agreement shall
be recorded prior to approval of the Final Parcel Map.
/,;2 -LJ
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5021
Eastlake Dev. Co.
-2-
May 11, 1992
5. Prior to approval of the Final Parcel Map, the developer shall
submit drawings showing lane assignments for all proposed
driveways to the property from otay Lakes Road for the interim
condition and at build out for approval by the City Traffic
Engineer.
6. The developer shall grant to the City on the Final Parcel Map
an irrevocable offer of dedication for future street purposes
along otay Lakes Road as approved by the City Engineer.
7. On the condition that the 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 enter into an
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 annul any approval by
the city including approval of its Planning Commission, City
councilor any approval by its agents, officers, or employees
with regard to this subdivision.
S. The developer shall permit all franchised cable television
companies equal opportunity to place conduit to provide cable
television service for each lot within the subdivision.
However, developer shall restrict access to the conduit to
only those franchised 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.
The developer shall enter into an agreement with the City to
insure that compliance with this condition is met prior to
approval of the Final Parcel Map.
9. Prior to approval of a Final Parcel Map, the owner shall
submit a copy of said Map in a digital format such as (DXF)
graphic file. This computer Aided Design (CAD) copy of the
Final parcel Map shall be based on accurate coordinate
geometry calculations and shall be submitted in duplicate on
5 1/2" HD floppy disks.
J;;'~ 5"
C:lTY_OFGHULA VISTA_
"
I
Eastlake Dev. Co.
-3-
May 11, 1992
10.
The boundary of the subdivision
California coordinate system - Zone
by the City Engineer.
B. The following are code requirements:
shall be tied to the
VI (1983) or as approved
1. All utilities serving the subject property and
existing utilities located within or adjacent to
subj ect property shall be undergrounded in
accordance with the Chula vista Municipal Code
prior to issuance of building permits.
2.
The developer shall pay Traffic
Participation fees prior to the issuance
building permit. .
3. The developer shall satisfy the requirement to pay
the public facilities and transportation
development impact fees by including said payment
in an assessment district, providing a letter
indicating that credit shall be used or pay any
outstanding amount.
Signal
of any
4. All applicable sewer fees shall be paid prior to
the issuance of building permits.
5. The developer shall comply with the requirements of
the Design Review approval. On site public sewer,
water, storm drain and sidewalk easements shall be
granted prior to approval of the plans for required
improvements.
6. The developer shall comply with all applicable
sections of the Chula vista Municipal Code.
Preparation of the Final Parcel Map and all plans
shall be in accordance with the provisions of the
Subdivision Map Act and the city of Chula vista
Subdivision Ordinance and Subdivision Manual.
This preliminary approval does not constitute final approval of the
Tentative Parcel Map. There is a 15-day appeal period during which
any interested party can appeal this determination, in whole or in
part. Appeals that cannot be resolved by City staff will be heard
by the City Planning commission at the next available meeting.
Final determination of the Tentative Parcel Map will be withheld
pending the outcome of any appeals. If no appeals are received
during the appeal period, the City will consider this notice a
Notice of Final Approval.
1;2. -(,
CITY OF CHULA VISTA
.'
.l
Eastlake Dev. Co.
-4-
May 11, 1992
The expiration date of this Tentative Parcel Map shall be two years
from the date the Notice of Final Approval is effective. The
Tentative Parcel Map will expire at that time unless the Final
Parcel Map has been filed or an extension of time is requested and
approved by the City according to section 66452.6 of the State
Subdivision Map Act.
If you have any questions, please contact Gena Franco, civil
Engineer, at 691-5028.
"'"
g/b//l i/~:4
WILLIAM 1<. UL ICH
SENIOR CIVIL ENGINEER
SE:kw
cc: Steve Griffin, Senior Planner
Martin Miller, Associate Planner
John Hardesty, Permits Engineer
Project Design Consultants, 701 B Street, suite 800
San Diego, CA 92101
(SE\VILLAGE. LTR)
j.) - 7
r--1TV OF r::1-l11l A Vl~TA
RESOLUTION NO. //,(,:J. 7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING PARCEL MAP AGREEMENT AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT IN CONJUNCTION WITH FINAL PARCEL MAP
FOR EASTLAKE VILLAGE CENTER SOUTH
WHEREAS, EastLake Development Company (Eastlake) has
applied for and been granted conditional approval of Tentative
Parcel Map 92-2; and
WHEREAS, in satisfaction of Conditions of Approval Nos.
4, 7 and 8, EastLake has now executed an agreement.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the ci ty of Chula vista does hereby approve the Parcel Map
Improvement Agreement for EastLake Village Center South regarding
conditions Nos. 4, 7 and 8 with EastLake Development Company, 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.
John P. Lippitt, Director of
Public Works
Appr~ved as tolf
, ! I"
t~k f~ (
Bruce M.
Attorney
(1
Presented by
~/
~
ity "'-,_
C:\rs\TPM 92-2
INI-I / 1:l1l~2.
\
\?'
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this
is a conveyance to a public
agency of less than a fee
interest for which no cash
consideration has been paid or
received.
Declarant
PARCEL MAP IMPROVEMENT AGREEMENT
EastLake Village Center South
Regarding Condition Nos. 4, 7, and 8
This Agreement is made this May 19, 1992, by and between THE
CITY OF CHULA VISTA, California ("Chula vista" or-"Grantee" for
recording purposes only) and EASTLAKE DEVELOPMENT COMPANY, a
California General Partnership ("Developer" or "Grantor"), and is
made with reference to the following facts:
R E C I TAL S
A. This Agreement concerns and affects the property legally
described as Lot 21 of Map 12545 as filed in the city of Chula
Vista, County of San Diego ("Property"), and is commonly known as
the real property which is the subject matter of the EastLake
Village Center South Parcel Map, No. 1
B. Developer is the owner of the Property; and,
C. Developer has applied for and been granted a tentative
parcel map, Tentative Parcel Map No. 92-2, ("Tentative Parcel
Map") for the subdivision of the Property; and,
D. City has issued tentative, conditional approval of the
parcel map by the Letter of Conditional Approval from the City of
Chula vista, Engineering Department, dated May 11, 1992, ("Ap-
proval Letter"), a condition ("condition NO.4") of which was:
ssiaelvc.wp
May 14, 1992
Parcel Map Improvement Agreement
Page 1
/).&:1
The developer shall enter into an agreement with the city
whereby the developer agrees not to protest formation of a
Telegraph canyon Maintenance District. said agreement shall be
recorded prior to approval of the Final Parcel Map; and,
E. Another condition ("Condition No.7") of the Approval
Letter was:
On the condition that the 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 enter into an 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 annul any approval by the City including approval of its
planning commission, City Councilor any approval by its agents,
officers, or employees with regard to this subdivision; and,
F. Another condition ("Condition No.8") of the Approval
Letter was:
The developer shall permit all franchised cable television
companies equal opportunity to place conduit to provide cable
television service for each lot within the subdivision. However,
developer shall restrict access to the conduit to only those
franchised 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.
The developer shall enter into an agreement with the city to
insure that compliance with this condition is met prior to
approval of the Final Parcel Map; and,
G. city is willing, on the promises, security, terms and
conditions herein contained, to approve the Final Parcel Map;
NOW THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as follows:
1. Aqreement Applicable to Subsequent Owners.
1.1 Aqreement Bindinq Upon Successors. Except as to the
provisions of Section 2 of this Agreement, entitled "Condition
No. 8--Subdivision Map Indemnity, which is a duty of Developer
that shall not be binding on good faith transferees for bona fide
ssiaelvc.wp
May 14, 1992
Parcel Map Improvement Agreement
Page 2
/~/I"if
value of the Developer, t~his 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. Except as to the
provisions of Section 2 of this Agreement, entitled "Condition
No. 8--Subdivision Map Indemnity, which is a duty of Developer
that shall not be binding upon and run with the ownership of the
land, t~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.
2. Condition No. 8--Subdivision Mao Indemnitv.
In satisfaction of Condition No. 8 of the Approval Letter,
the Developer 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 9--Cable Television Easements
In satisfaction of Condition No. 9 of the Approval Letter,
the Developer 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. 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 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. Developer 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
ssiaelvc.wp
May 14, 1992
Parcel Map Improvement Agreement
Page 3
/,;v1~5
upon a determination the city of Chula vista that they have
violated the conditions of the grant.
4. Condition No. 4--Not to Protest Formation of Teleqraoh Canvon
Channel Maintenance District.
4.1. Developer, and their heirs, assigns, transferees, and
other successors in interest, agree to not protest or oppose the
formation of of such district as the City proposes for the
maintenance of the Telegraph Canyon Flood Control Channel, and to
not protest or oppose the inclusion of the Property within said
district.
4.2. This agreement to not protest or oppose the inclusion
of the Property in the district shall not be deemed a waiver of
any constitutional rights, and shall not interfere with the right
of any person to vote in a secret ballot election.
5. Recordinq.
This Agreement, or an abstract hereof prepared by either or
both parties, may be recorded at the option of either party.
6. Miscellaneous.
6.1. 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 sh~ll constitute personal delivery.
CITY OF CHULA VISTA
276 4th Avenue
Chula Vista, CA 92010
Attn: Director of Public Works
ssiaelvc.wp
May 14, 1992
Parcel Map Improvement Agreement
Page 4
I;l.~ -t,
Developer
Eastlake Development Company,
a California General Partnership
900 Lane Avenue, suite 100
Chula Vista, CA 91914
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other
party in the manner provided in this paragraph. Facsimile
transmission shall constitute personal delivery.
6.2. 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.
6.3. 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. This
includes, but is not limited to the "Development Agreement by and
between Developer Development Company, Developer, and City of
Chula Vista, City".
6.4. 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 this Agreement.
6.5. Recitals: Exhibits. Any recitals set forth above are
incorporated by reference into this Agreement.
6.6. Attornevs' Fees. In the event of any dispute ar~s~ng
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.
(End of Page.
Next Page is Signature Page.)
ssiaelvc.wp
May 14, 1992
Parcel Map Improvement Agreement
Page 5
1.2./1-7
signature Page to
PARCEL MAP IMPROVEMENT AGREEMENT
EastLake Village Center South
Regarding Condition Nos. 4, 7, and 8
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be effective as of the day and year first
hereinabove set forth.
Dated:
, 1991
THE CITY OF CHULA VISTA
By:
Tim Nader, its Mayor
Attest:
Dated: M4f /5"
Beverly Authe
cit lerk
oved ~
ruce M. Boogaar ,
City Attorney
, 1991
EastLake Development Company
a California general partnership
comprised of cor tions
By:
Its:
I~
By: DAVID V, INC., a California
corporation, General Partner
By:
Its:
W~~
\A' c.o ftt J -4 k-~
ssiaelvc.wp
May 14, 1992
Parcel Map Improvement Agreement
Page 6
1-2. /I" T'
STATE OF CALIFORNIA
)
)
)
ss.
COUNTY OF SAN DIEGO
On
ore me, pe sonally appeared
personally known 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/theirsignature(s) on the
instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
Signature
1du~
Q OffiCIAL SEAl
: .... . SILVANA BRAZELL
, ,'NOTARY PUBlIC.f;AllfORNIA
, .~ II PRINCIPAL OffiCE IN
SAN DIEGO COUNTY
tJ-z .. .-' My CommISSIOn Eap'res fob 12, 1994
~::
WITNESS my hand and official seal.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On S-lf~J.'J- ~b~for~ m~, personally appeared
Jht?A_~~
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 instrumen
@,..:.OfflCIAlSEAl.
, _ SILVANA BRAlfll
.a NOTARY PUBlIC-CAURiRNIA
PRINCIPAl OffiCE IN
- - SAN DIEGO COlINII
. .' Mr Commission hpttes Feb. 12. 1994
WITNESS my hand and official seal.
Signature
~fhr
(SEAL)
1:l"F1
1. Filing instructions to the Title company should include
insertion of info to complete this section.
MR~
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
PARCEL MAP IMPROVEMENT AGREEMENT
EastLake Village Center South
Regarding Condition Nos. 4, 7, and 8
This Agreement is made this May 19, 1992, by and between THE
CITY OF CHULA VISTA, california ("Chula vista" or "Grantee" for
recording purposes only) and EASTLAKE DEVELOPMENT COMPANY, a
California General Partnership ("Developer" or "Grantor"), and is
made with reference to the following facts:
R E C I TAL S
A. This Agreement concerns and affects the Property legally
described as Lot 21 of Map 12545 as filed in the city of Chula
Vista, county of San Diego ("property"), and is commonly known as
the real property which is the subject matter of the EastLake
village Center South Parcel Map, No. 1
B. Developer is the owner of the property; and,
C. Developer has applied for and been granted a tentative
parcel map, Tentative Parcel Map No. 92-2, ("Tentative Parcel
Map") for the subdivision of the Property; and,
D. City has issued tentative, conditional approval of the
parcel map by the Letter of Conditional Approval from the City of
Chula vista, Engineering Department, dated May 11, 1992, ("Ap-
proval Letter"), a condition ("Condition NO.4") of which was:
ssiaelvc.wp
May 14, 1992
Parcel Map Improvement Agreement
Page 1
/,),/1 rl/
The developer shall enter into an agreement with the City
whereby the developer agrees not to protest formation of a
Telegraph Canyon Maintenance District. said agreement shall be
recorded prior to approval of the Final Parcel Map; and,
E. Another condition ("Condition NO.7") of the Approval
Letter was:
On the condition that the 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 enter into an 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 annul any approval by the City including approval of its
Planning Commission, City Councilor any approval by its agents,
officers, or employees with regard to this subdivision; and,
F. Another condition ("Condition NO.8") of the Approval
Letter was:
The developer shall permit all franchised cable television
companies equal opportunity to place conduit to provide cable
television service for each lot within the subdivision. However,
developer shall restrict access to the conduit to only those
franchised 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.
The developer shall enter into an agreement with the City to
insure that compliance with this condition is met prior to
approval of the Final Parcel Map; and,
G. City is willing, on the promises, security, terms and
conditions herein contained, to approve the Final Parcel Map;
NOW THEREFORE, in exchange for the mutual covenants, terms
and conditions herein contained, the parties agree as follows:
1. Aareement Applicable to Subseauent Owners.
1.1 Aareement Bindina Upon Successors. Except as to the
provisions of section 2 of this Agreement, entitled "Condition
No. 8--Subdivision Map Indemnity, which is a duty of Developer
that shall not be binding on good faith transferees for bona fide
ssiaelvc.wp
May 14, 1992
Parcel Map Improvement Agreement
Page 2
1)./1./.,2..
value of the Developer, t~his 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. Except as to the
provisions of section 2 of this Agreement, entitled "Condition
No. 8~-Subdivision Map Indemnity, which is a duty of Developer
that shall not be binding upon and run with the ownership of the
land, t~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.
2. Condition No. 8--Subdivision MaD Indemnitv.
In satisfaction of Condition No. 8 of the Approval Letter,
the Developer 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 9--Cable Television Easements
In satisfaction of Condition No. 9 of the Approval Letter,
the Developer 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. 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 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. Developer 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
ssiaelvc.wp
May 14, 1992
Parcel Map Improvement Agreement
Page 3
!),r!'!J
upon a determination the city of Chula vista that they have
violated the conditions of the grant.
4. Condition No. 4--Not to Protest Formation of Teleqraoh Canvon
Channel Maintenance District.
4.1. Developer, and their heirs, assigns, transferees, and
other successors in interest, agree to not protest or oppose the
formation of of such district as the city proposes for the
maintenance of the Telegraph Canyon Flood Control Channel, and to
not protest or oppose the inclusion of the Property within said
district.
4.2. This agreement to not protest or oppose the inclusion
of the Property in the district shall not be deemed a waiver of
any constitutional rights, and shall not interfere with the right
of any person to vote in a secret ballot election.
5. Recordinq.
This Agreement, or an abstract hereof prepared by either or
both parties, may be recorded at the option of either party.
6. Miscellaneous.
6.1. 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 4th Avenue
Chula Vista, CA 92010
Attn: Director of Public Works
ssiaelvc.wp
May 14, 1992
Parcel Map Improvement Agreement
Page 4
~#
Developer
Eastlake Development Company,
a California General Partnership
900 Lane Avenue, suite 100
Chula Vista, CA 91914
A party may change such address for the purpose of this
paragraph by giving written notice of such change to the other
party in the manner provided in this paragraph. Facsimile
transmission shall constitute personal delivery.
6.2. 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.
6.3. 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. This
includes, but is not limited to the "Development Agreement by and
between Developer Development Company, Developer, and City of
Chula Vista, City".
6.4. 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 this Agreement.
6.5. Recitals: Exhibits. Any recitals set forth above are
incorporated by reference into this Agreement.
6.6. 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.
(End of Page.
Next Page is Signature Page.)
ssiaelvc.wp
May 14, 1992
Parcel Map Improvement Agreement
Page 5
/.;, t9 ~ 1.5'
signature Page to
PARCEL MAP IMPROVEMENT AGREEMENT
EastLake Village Center South
Regarding Condition Nos. 4, 7, and 8
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be effective as of the day and year first
hereinabove set forth.
Dated:
, 1991
THE CITY OF CHULA VISTA
By:
Tim Nader, its Mayor
Attest:
Beverly Authele
City Clerk
Ap r ved i~ 1/
ruce M. Boogaa
City Attorney
Dated: ~ I~
, 1991
EastLake Development Company
a California general partnership
comprised of cor: rations
By:
Its:
By: DAVID V. INC.. a California
corporation. General Partner
By, Vtt1~
Its: Wu . ~
ssiaelvc.wp
May 14, 1992
Parcel Map Improvement Agreement
. Page 6
1,,2/1- /~
STATE OF CALIFORNIA
)
)
)
ss.
COUNTY OF SAN DIEGO
On
rsonally appeared
personally known to me (or roved 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 instrumen
WITNESS my hand and official seal.
@:"'SOFFlCIAl.SlAt
. . " IlVANABRAZ.....
~ ,liOTMr PUBlIC,CA!. ell
. . PP.:I:CIPAl. Off'r~OR~IA
....0... AI C SAN D/fCO COUN,'t
Y ommlSSlOfl hwes r eb. 12. 1994
(SJ::OA.LoT
Signature
~~~
)
)
COUNTY OF SAN DIEGO )
On ~;'ls'/1~1?o~e~~~erSOnally 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 instrume
STATE OF CALIFORNIA
ss.
OffiCIAL SEAl
@":"h'SILVANABRAZELL
. NOTARY PU81fC.CAlIfORNIA
! -6!t PRINCIPAl. OffiCE IN
SAN OIEGO L'OUNTl
~ .~~ My Commisston hpiles Feb. 12, '99.
- i
WITNESS my hand and official seal.
Signature
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(SEAL)
1~1/"17
1
1. Filing instructions to the Title Company should include
insertion of info to complete this section.
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RESOLUTION NO.
1~~38"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY ENGINEER OR
DIRECTOR OF PLANNING TO EXECUTE ALL PARCEL MAP
AGREEMENTS ON BEHALF OF THE CITY COUNCIL
WHEREAS, since the city Council has in the past delegated
authority for approval of parcel maps to the Director of Planning
and City Engineer and delegated authority for acceptance of grants
of easement and dedications on parcel maps to the City Clerk, it is
recommended that Council also delegate authority to execute future
parcel map agreements relating to these standard conditions to the
City Engineer.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize the city Engineer or
Director of Planning to execute all parcel map agreement on behalf
of the city Council.
John P. Lippitt, Director of
Public Works
oved a
~
ttorney
Presented by
C:\n\PM agreements
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COUNCIL AGENDA STATEMENT
Ito /3
Meeting Date 5/26/92
ITEM TITLE: Public Hearing: Assessment District No. 90-2 (Otay Valley Road)
a} Resolution 1~~3' Approving agreements for execution in
Assessment District No. 90-2 (Otay Valley Road) and
authorizing the Mayor to sign said agreements
b} Resolution 1"1/1:) Approving transfer of funds to
Assessment District No. 90-2 (Otay Valley Road)
c} Resolution I~~I// Ordering certain changes and
modifications to the Engineer's Report in Assessment District
No. 90-2 (Otay Valley Road)
d} Resolution Ii-~I/"" Overruling and denying protests and
making certain findings in Assessment District No. 90-2 (Otay
Valley Road)
e} Resolution I'-~'I.:r Confirming the assessment, ordering the
improvements made, together with appurtenances, approving the
Engineer's "Report", making CEQA findings, and adopting a
Statement of Overriding Considerations and a Mitigation
Monitoring Plan regarding Assessment District No. 90-2 (Otay
Valley Road) L
SUBMITTED BY: Director of Public Works
Director of Community De elopment
REVIEWED BY: City Manager,jGt ~ ~ (4/5ths Vote: Yes_No...L)
On April 21, 1992, Council adopted the Resolution of Intention to construct
and finance certain public improvements to Otay Valley Road, east of 1-805,
pursuant to the Municipal Improvement Act of 1913 and set the publ ic hearing
on the formation of Assessment District 'No. 90-2 (Otay Valley Road) for May
26, 1992 for the purpos~ of hearing public testimony. The associated
resol uti ons make changes and modi fi cat ions to the Engi neer' s Report, overrul e
protests, confirm the assessments, make CEQA findings and adopt a Statement of
Overriding Considerations and a Mitigation Monitoring Plan, approve utility
and underwriter agreements, and transfer funds.
RECOMMENDATION: Adopt the resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: The Otay Valley Road Project Area
Committee has reviewed and discussed progress on the road on a regular basis
since early 1990. Previous actions have included review and recommendation on
the median configuration plan and a recommendation for interim stop signs at
1-805 and Otay Valley Road. The Committee also hosted property owner meetings
to di scuss the assessment di strict on July 11, 1991. The minutes from the
July 11, 1991, January 13, 1992, February 24, 1992 and May 11, 1992 meetings
(the last meetings including a discussion of the roadway) are attached as
exhibits A, B, C, and C-O'(HIIII,r~ /lOT S~A6JNE6J
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Page 2, Itl!ll /3
Meeting Date S/26/92
The Project Area Committee has taken no official action on this project. It
has, however, generally supported the roadway project but questions the
spread, the cost and the financial impact to local businesses.
The Resource Conservation Commission reviewed the Draft ErR on October 23,
1989, and recommended that the Planning Commission find the Draft EIR
adequate. The minutes are attached as exhibit C-l.
The Planning Commission reviewed and conducted a publ ic hearing on the Draft
EIR on November 8, 1989, and continued the public hearing to January 24,
1990. The Planning Commission reviewed the Final EIR and certified on
September 2S, 1991 that the Final EIR had been prepared in compliance with the
CEQA Guidelines and the environmental review procedures of the City of Chula
Vista. Planning Commission minutes from November 8, 1989, January 24, 1990
and January 2S, 1991 are included as exhibits 0, E and E-l.
DISCUSSION:
The Redevelopment agency and staff have been working on improving Otay Valley
Road between I -80S and Ni rvana for several years. In March of 1988, the
Agency retained the fi rm of leedshi ll-Herkenhoff to prepare the pl ans for a
six lane Major Street. In May IS, 1990, the Redevelopment Agency hired a team
of consultants to form a construction type assessment district, if feasible,
for the improvement of Otay Valley road east of I-80S. In July of 1991, the
City approved Resolution 16274 approving preliminary proceedings for the Otay
Vall ey Road Assessment Di stri ct and requesting the County of San Diego gi ve
Consent and Jurisdiction to include a portion of the Otay Ranch Property
currently used as a quarry. Consent was granted on May 17, 1992 by the County
Board of Supervisors.
On April 21, 1992, Council set May 26, 1992 as the date to conduct the public
hearing. The Municipal Improvement Act of 1913 requires that a public hearing
be conducted to hear public testimony prior to forming an assessment district
to finance publ ic improvements through the sale of bonds. All owners of
property within the proposed assessment district have been mailed a notice of
the publ ic hearing and the amount of the proposed assessment to their land.
After conducting the publ ic hearing and considering any testimony presented,
the Council may choose to proceed with the formation of the district by
adopt i ng the reso 1 ut i on. I f the owners of more than SO% of the land area
within the proposed district protest the formation of the district, the
Council may form the di stri ct by a 4/Sths vote, otherwi se a 3/Sths vote is
adequate if there is less than a majority protest. Included in today's
hearing is consideration of the 1931 Act Debt Limit Report (See Engineer's
Report, page 27.) which addresses value to lien requirements. In all cases
the assessment meet the 2:1 ratio in compliance with the Act.
The proposed assessment district improvement of Otay Valley Road will be
accomplished in two phases. Phase I consists of widening the existing two and
three lanes to six lanes with a landscaped median (part of the way), curb,
gutter and sidewalk on both sides, sidewalk trees, underground utilities,
supplemental water main, and traffic signals from I-80S to Nirvana Avenue.
Phase II consists of widening the existing two lanes to four lanes with a
median barrier and graded shoulders, from Nirvana Avenue to the City/County
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P~ge 3, Itl!ll ):3
Meeting D~te 5/26/92
boundary. Because of the substantial amount of existing development on the
north side in Phase I, and the steep slopes on the north side in Phase II, it
is necessary to move the centerline of the street approximately 30 feet to the
south of its existing location to accommodate the six lane improvements.
Utilitv Underaroundina Aareements
The undergrounding of the existing overhead utilities, from approximately 600
feet west of I-80S to Nirvana Avenue, is proposed to be partially funded by
the City, through its allocation of SDG&E undergrounding funds (20A district
funds), and partially by the assessment district. The SDG&E funds of about
$320,000 cover the portion of undergrounding from approximately I-80S to
Oleander. SDG&E funds cover this area because the City set up a "20A"
District for this segment. A "20A" district allows the city to utilize their
allocation of funds from SDG&E to underground utilities. The remainder of the
undergrounding project is not within the "20A" District and will cost the
assessment district approximately $642,526. This is referred to as a "20B"
district whereby the property owners pay for the undergrounding costs. One of
the agreements (Agreement 1) i nc 1 uded in th is agenda item is wi th SDG&E and
pertains to the portion of the undergrounding project to be funded by the
assessment district.
However, the City is working on extending the "20A" district from Oleander to
Nirvana which, if accomplished, will save the assessment district about
$642,000 because the $642,000 would then come from the City's allocation of
SDG&E "20A" funds. If the "20A" district is extended, the City would not
expend $642,000 of assessment district funds on undergrounding which could
then be used to call bonds, thereby reducing the annual assessment
installment. If the "20A" district is not extended, it has no effect on the
assessment district as proposed. Agreements on the "20A" District for the
segment from Oleander to Nirvana would be presented to Council at a later date.
The existing overhead telephone lines will be undergrounded with the electric
lines in the district. There is an agreement (Agreement 1) pertaining to the ;[ 7 c/
telephone facilities included with this agenda item.
The supplemental water main included in the project is to provide additional
fire flow capacity in conformance with City requirements for industrial
areas. The estimated construction cost of the water main is $126,795. One of
the agreements (Agreement 3) i nc 1 uded in th is agenda item is wi th the Otay
Water Di stri ct and pertai ns to the construct ion and acceptance of the water
facil ities.
Proiect Costs
The total estimated project cost is as follows:
CONSTRUCTION COST
Phase I
$6,857,138
2.934.121
$9,791,259
Phase II
Total Construction Cost
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Page 4, Itell 1.3
Meeting Date 5/26/92
INCIDENTAL EXPENSES
Design Engineering
Const. Project Mgmt.
R/W Appraisal
Legal Services (R/W)
Animal Shelter Reloc.
Otay Water District inspection
City Adm. Cost
Plan Check Cost
Inspection & Matl. Testing
Traffic Design
Wetland Mitigation Cost
A.D. Project Hgmt.
Financial Consultant
Assessment Engineering
Printing, Advertising, Posting
Bond Printing, Servicing, Reg.
Bond Counsel
SUBTOTAL INCIDENTALS
TOTAL CONST. & INCID. COSTS
LESS CITY CONTRIBUTION
LESS IMPROVEMENT CREDITS
TOTAL C & I ASSESSED TO DISTRICT
BOND ISSUANCE COSTS
$ 834,917
50,000
55,000
30,546
200,000
80,000
55,000
280,000
350,000
7,500
534,860
25,500
67,000
90,500
3,200
12,500
36.758
$ 2,713,281
$12,504,540
$(3,435,467)
$ (163,099)
$ 8,905,974
Capitalized Interest
Bond Discount
Bond Reserve Fund
$ 147,456
312,187
1. 040.624
$ 1,500,267
$10,406,242
TOTAL BOND ISSUANCE COSTS
TOTAL ASSESSED TO DISTRICT
Council authorized a call for construction bids on March 3, 1992 and the bids
have already been received for the Phase I portion. Construction could begin
in July, if the assessment district is formed. It is anticipated that the
Ci ty wi 11 award the contract on June 23rd for Phase I. It is necessary to
award this contract during this fiscal year to obtain the SB300 funds of
approximately $1.1 million. Otherwise, less SB 300 funds may be available in
future fiscal years. During this cycle, the State is reimbursing the City
approximately 30% of the construction cost and it is anticipated that future
fiscal years will be closer to 10%. It is anticipated that the Phase II
construction could begin in early 1993. It should be noted that during Phase
II, Otay Valley Road will be widened to six lanes by the Otay Ranch
development when that project begins developing in the vicinity.
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Page 5, Itell /3
Meeting Date 5/26/92
Six Lane Construction
Current traffic volumes on Otay Valley Road (Phase I) warrant the construction
of four lanes at this time, however, the projected ultimate traffic volumes
require a six lane facility, which is also consistent with the Circulation
Element of the adopted General Plan. It is recollllllended that the six lane
facility be constructed at this time for the following reasons:
1. If only four 1 anes are constructed now, the construction of the
remaining two lanes would be very disruptive to the area at the time
of their construction. The noise, dust, and inconvenience of
traffic delays and impaired access for a significant construction
period would be difficult to tolerate by property owners and
businesses.
2. The cost is substantially lower to construct the full six lane
facility at one time. Initially, with six lanes of improvements to
construct, there is more space to accommodate and reroute the
existing traffic than if only four lanes were to be built. In the
future, the widening of four lanes to six lanes would have to be
accomplished with very little working space and substantially higher
traffic volumes. This would not only result in the circumstances
described above, but would add greatly to the cost.
3. The right-of-way and grading for the 6-lane facil ity is needed to
allow development on the south side and the only savings to
construct 4 lanes would be for two lanes of pavement which is
approximately $400,000.
The land within the assessment district boundaries is that which receives the
most direct and special benefit from the proposed improvements. Otay Valley
Road is a regional facility and, as such, carries traffic which does not begin
and or end within the proposed assessment district. In recognition of this
fact, it is recommended that the City contribute the iYll cost of two of the
six lanes in Phase I to the proposed assessment district.
Assessment District Boundaries
In meetings with property owners, it has been suggested that the boundaries be
expanded to include some portion of Otay Mesa to the south. This is not
recommended since the City of San Diego has allocated over $10 million in its
Otay Mesa Public Facilities Financing Plan for the future construction of Otay
Va 11 ey Rd ./Heri tage Rd. from Otay Mesa Road north to the Otay Ri ver. It has
a1 so been suggested that the Otay Ranch land east of Otay Valley Road be
included. This also is not recommended since the Otay Ranch project will be
required to widen Phase II to six lanes, as noted previously, and to extend
Otay Valley Road east to SR-125. The value of these improvements, which would
be util ized by vehicles from this assessment district, more than offsets the
benefits received from this project.
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Page 6, Itell 13
Meeting Date 5/26/92
Additionally, areas beyond the assessment district boundaries such as Otay
Ranch and Otay Mesa will be constructing facilities to service their
developments. The cost of these facilities will be borne by those
developers. Those within this assessment district will not share in those
costs just as those developments are not participating in the cost of this
road widening project.
Methodoloov of Assessment Aoolication
The Municipal Improvement Act of 1913 requires that the costs of the district
be "spread" to the land within the district based on the benefits received
from the improvements. Since it is major street improvements that are being
constructed, a measure of the benefit to be received by the land within the
district is vehicle trip generation per acre of land. Since all of the land
within the district, except the County landfill and the Nelson-Sloan quarry,
is zoned for industrial use, the vehicle trip generation per acre is the same
throughout the di strict. In accordance with the SANDAG Guide of Vehi cul ar
Traffic Generation Rates for the San Diego Region, a rate of 200 trips per
acre was used as the basis for the cost spread. The County landfill and the
Nelson-Sloan are unique in that the land area is not utilized for buildings,
but as a resource whi ch is used. In both cases, actual traffic counts were
utilized in determining their benefit. Therefore, the resulting
proportionality of the assessments is, with two exceptions, the actual parcel
area.
The County-owned landfill parcel, because it is publicly owned land, as a
public agency, cannot be assessed through the district, however, City staff
will be negotiating with the County for their participation in the cost of the
improvements. In the interim, it is recommended that the City contribute the
anticipated County share of $365,000 to the district.
Portions of many of the parcels in the district are impaired by wetland areas
or open space. The area of these impairments have been subtracted from each
parcel because these areas are, in essence, undevelopable and cannot generate
traffic.
In addition, at various locations along Otay Valley Road, property owners have
constructed street improvements as a condition of development. While in most
cases the improvements will have to be replaced to accommodate the new
improvements, it would not be equitable to charge these property owners twice
for improvements they installed in good faith. Therefore, the value of the
existing improvements, whether they will be replaced or not, is being
subtracted from the assessments of the parcel s for which they were
constructed, and being spread to all land within the district. It should be
noted that in order to be equitable to all land in the district, these credits
are based on the bid prices received for identical work on the improvement of
Otay Valley Road, and not the cost paid by the property owner at the time the
improvements were constructed. A formal presentation on this will be
presented'Tuesday night.
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Page 7, Itell J :3
Meeting Date 5/26/92
The assessments to the land in the district are approximately $0.61 per sq.
ft. or about $26,600 per acre of assessable area, before the app1 ication of
improvement credits. If the district became a part of a larger assessment
district, staff anticipates costs would increase, not decrease. In
comparison, other areas in the eastern part of the City are paying assessments
or fees of approximately $1.40 per sq. ft. or over $60,000 per acre for
construction of similar major streets.
The Rio Otay Industrial Park subdivi sion (Dar1 ing-De1 aware) is being assessed
on the same basis as other land within the district. However, an
environmental concern has not been resolved and no development is allowed at
present time until there is an evaluation of the environmental concern. It is
therefore proposed that bonds not be issued until such time as building
permits can be issued.
While the City would have the ability to issue and sell the bonds at any time
in order to reimburse its cash advance, an agreement is currently being
negotiated with the owner, Dar1 ing-Delaware, relative to the timing of the
envi ronmenta1 concerns and the issuance and sale of the bonds. No buil ding
permits will be issued for this subdivision until the City reaches ~n
agreement with Darling-Delaware.
If the assessment district is formed, the property owners will have 30
calendar days, beginning the day after the pub1 ic hearing, in which they may
pay all, or any portion of their assessment in cash. Any portion of the
assessment paid during this period is not subject to the bond issuance costs
listed above, and thus an approximate 14.5% discount is applied. All property
owners will be mailed a Notice of Assessment for their land explaining the
amount assessed, and the amount to pay if they wish to discharge their
assessment in full. After the 30 day cash payment period is over, 1915 Act
bonds will be sold and issued in the amount of the total unpaid assessments.
The cash payments and the bond proceeds will be utilized to pay the
construction and incidental expenses.
As in all areas where there is a substantial amount of undeveloped land, there
is the possibility that some land, not currently judged to be developable,
will be developed. Or, that land being assessed as industrial use as a part
of these proceedings, will be developed, or redeveloped in a use which will
generate more vehicle trips per acre than the 200 trips per acre util ized in
this district. In order to insure equity to the assessment district, if it is
formed, the establishment of a Fee Recovery District will be brought before
the Council within 30 days of the formation of this assessment district. That
Fee Recovery District will provide for the collection of a fee for each
vehicle trip generated above the 200 trips per acre used in this district or
for parcels that were not assessed.
At the close of the public testimony portion of today's hearing, staff will
report to the Council the amount of protests, both written and oral, measured
by land area in the district. If the protests amount to less than a simple
majority of the land area, the Council may form the district and levy the
assessments by a simple majority vote. However, if the protest represents
more than a simple majority of the land area, the district can only be formed
by 4/5ths vote of the Council.
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Page 8, Itell J.3
Meeting Date 5/26/92
Financina
The financing of the proposed assessments is to be accomplished through the
issuance of 1915 Act bonds. It is recommended that the sale of the bonds be
negotiated with the firm of Stone & Youngberg, the largest underwriter of this
type of bond in California. A negotiated sale as opposed to a public sale is
being recommended because of the ever changing complexities involved, and it
allows the City to negotiate with one bond bidder. Otherwise difficulties are
encountered in communicating complexities with dozens of potential bond
bidders in the required formal noticing procedures. The first step in this
process is to enter into an agreement (Agreement 4) with an underwriter. The
financial advisor, bond counsel, and the Director of Finance recommend a
negotiated sale for this district.
Final EIR and Associated Resolution
At it's April 21, 1992 meeting, Council considered the Final Environmental
Impact Report and Addendum thereto for the Otay Valley Road Widening Project,
and certified its compliance with the CEQA law and guidelines (Resolution No.
16599). As stated in that resolution and in the Addendum to the FEIR,
implementation of the project would occur through establishment of an
assessment district which would provide the means to finance construction of
the project. Council action on the CEQA Findings of Fact, Mitigation
Monitoring Program, and Statement of Overriding Considerations was deferred
until actual project approval, in this case, approval of the assessment
district.
In making Findings of Fact, the Council binds the City and any other
responsible party to implement the mitigation measures therein, or, in other
words, conditions the project approval with implementation of these measures.
Adoption of the Mitigation Monitoring Program ensures that the City and other
responsible parties comply with, and implement the feasible mitigation
measures. The Statement of Overriding Considerations asserts that the public
benefits of the roadway would outweigh any significant and/or cumulative
impacts (all of which were deemed to be less than significant). Approval of
these documents is required by CEQA when approving the proposed roadway
project (assessment district). The final CEQA document to be filed upon
project approval is the Notice of Determination. With that, the CEQA
requirements for this project are fulfilled.
Adoption of the resolutions listed above will generally accomplish the
following:
1. The RESOLUTION APPROVING AGREEMENTS provides for the execution of
agreements with Otay Water District (Agreement 3), San Diego Gas &
Electric Co. (Agreement 1), and Pacific Bell (Agreement 2) relative to
the installation of certain facilities by the City, and the subsequent
acceptance of those facilities by the respective utility. The fourth
agreement is an underwri t i ng agreement (Agreement 4) wi th the fi rm of
Stone & Youngberg.
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Page 9, Itllll 1'3
Meeting Date 5/26/92
2. The RESOLUTION APPROVING TRANSFER OF FUNDS authorizes the transfer of
funds from Sewer Fund 222 to this project, 996-9960-STI23. The transfer
is a loan to the district to be reimbursed by S8 300 funds upon
completion of construction.
3. The RESOLUTION ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE
ENGINEER'S REPORT approves any changes and modifications made to the
Engineer's Report since its preliminary approval on April 21, 1992. The
changes since the prel iminary approval consist of adjustments in the
existing improvement credits, adjustments to the City contributions, and
other minor modifications.
4. The RESOLUTION OVERRULING AND DENYING PROTESTS overrules and denies the
protests of the owners of less than 1/2 the area to be assessed and makes
certain affirmative findings with respect to the boundaries of the
district, and the method and apportionment of the assessable costs.
5. The RESOLUTION CONFIRMING THE ASSESSMENT confirms the assessments to the
land in the district, approves the final Engineer's Report, as amended,
makes certain CEQA findings, and adopts the Statement of Overriding
Considerations and Mitigation Monitoring Plan.
Also, on April 21, 1992 when the Council adopted the Resolution of Intention,
a question was raised as to the amount of noise reduction accomplished by the
noise wall to be installed as a part of the project. Further investigation
shows that traffic noise emanating from Otay Valley Road will be reduced by 8
to 10 decibels with the installation of the wall. However, noise originating
on 1-805 will not be decreased by the wall.
FISCAL IMPACT: The estimated total cost of the Otay Valley Road project
(Phases I & II) is $13,841,700. It is proposed that the City and RDA
contribute $3,435,467 of this total, leaving $10,406,242 to be assessed to the
district. The contribution will come from the following sources:
RDA 996 9960 ST-123
RDA TF 220
TSF TF 220
SEWER FUND 222
SDG&E 20A
$1,765,167(1)
89,300
100,000
1,161,000(2)
320.000<3>
$3,435,467
<,> s~ funds ..y be recovered if the County participates.
(2) Thi. is . loan to the district to be reimbursed by 51 300
funds upon c~letion of construction.
(3) esti.ated cost of SOG&E work equltl eatf_ted allocation of
20A funds avaiLable for project from SOG&E.
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Page 10, Itell J :J
Meeting Date 5/26/92
In addition to the above contributions, the City will loan $651,000 from fund
996-9960-STl23 (RDA) to cover the Series B bonds. The Series B bonds are to
cover the Rio Otay Subdivision. These bonds will be issued when the site is
cleared of the environmental concerns. This money will be recovered if these
bonds are issued.
DDS/AY-081
WPC 6003E
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File No.
PUBLIC HEARING CHECK LIST
CITY COUNCIL PUBLIC HEARING D~ ~(.., '. l~q2
SUBJECT IlhL \~ - ~W '1D-1.- ~ if ~ \L..-.JJ ')
LOCATION
SENT TO STAR NEWS FOR PUBLICATION.-~; BY HAND_; BY MAIL
PUBLICATION DATE 4/:lQ/Qz... <0\- sh./cr2.-
I I I f
MAILED NOTICES TO PROPERTY OWNERS NO. MAILED
PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
Lf /,~~ (Cf2-
LOGGED IN AGENDA BOOK
COPlES TO:
Administration (4) 1/
Planning 1/
Originating Department
Engineering v
Others
City Clerk's Office (2) ./
POST ON BULLETIN BOARDS
4/2- ,/qf.,
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SPECIAL INSTRUCTIONS:
-58-
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.0,.
NOTICE 01" IMPROVEMENT
RESOLUTION OF INTENTION AND REPORT
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,
did, on the 21st day of April, 1992, adopt its Resolution of Intention, receive and
file a "Report" of the Engineer, and authorize a time and place for a public hearing
to form a special assessment district known and designated as ASSESSMENT DISTRICT
NO. 90-2 (OTAY VALLEY ROAP) (hereinafter referred to as the "Assessment District").
The combined "Report", as authorized by Streets and Highways Code section 2961, has
been prepared and approved, consisting of the plans, specifications, maps, descrip-
tions and estimate of the cost, and diagram and assessment, and property valuations,
and for all particulars as to these proceedings and any individual assessments,
reference is made to said combined "Report" as preliminarily approved, as well as to
the previously mentioned Resolution of Intention.
DESCRIPTION OF IMPROVEMENTS
The proposed works of improvement to be financed under these proceedings for this
Assessment District are described as street improvements, including demolition,
grading, paving, curb, gutter, sidewalk, street lighting, traffic signals, storm
drains, landscaping, water main, utility work and traffic striping, together with
appurtenances and appurtenant work, including acquisition of rights-of-way and
easements, if necessary, to serve and benefit propertie8 located within the
boundaries of the Assessment District.
BOUNDARIES OF ASSESSMENT DISTRICT
All properties that benefit from the works of improvement shall be assessed to pay a
proportionate share of the costs and expenses of the improvements, together with
acquisition expenses. A map of the Assessment District identified as "PROPOSED
BOUNDARIES OF ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD)" has been approved by
the legislative body and for all particulars as to the boundaries, reference is made
to said map on file with the transcript of these proceedings.
COST OF IMPROVEMENTS
The the cost of the facilities to be assessed to the property within the boundaries
of the Assessment District is estimated to be:
$10,406,242.00
The above figure includes all costs of the improvement, together with incidentals,
contingencies and financing costs.
\"'S- )).-
PROCEEDINGS AND BONDS
. .
Said proceedings for ~his Assessment District shall be had and taken pursuant to the
"Municipal Improvement Act of 1913" (Division 12 of the Streets and Highways Code of
the State of California). Bonds shall be issued to represent unpaid assessments in
accordance with the "Improvement Bond Act of 1915", (Division 10 of said Code).
Following the confirmation of the assessments, a period of thirty (30) days will be
allowed to make payment of assessments in cash, and the unpaid balance will then
become payable in annual installments, with bonds issued to represent the unpaid
balance. The actual interest rate for the bonds shall be determined upon the sale
of said bonds.
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 26TH DAY OF HAY, 1992, AT THE HOUR OF 6:00
O'CLOCK P.M. OF SAID DAY, IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY,
BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED TO CONSIDER AND
FINALLY DETERMINE WHETHER THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE IMPROVE-
MENTS; AND TO CONSIDER AND DETERMINE WHETHER THE OWNERS OF A HAJORITY OF THE AREA OF
THE PROPERTY IN THE PROPOSED ASSESSMENT DISTRICT HAVE PROTESTED AGAINST SAID IMPROVE-
MENTS, OR ANY PORTION THEREOF; AND TO CONSIDER AND FINALLY ACT ON THE ENGINEER'S
"REPORT"; AND TO HEAR ALL PROTESTS RELATING TO SAID PROPOSED PROCEEDINGS, OR THE
GRADES AT WHICH THE WORK SHALL BE DONE, OR THE EXTENT OF THE ASSESSMENT DISTRICT, OR
AS TO HAPS AND DESCRIPTIONS, OR THE ESTlHATE OF THE COST AND EXPENSES THEREOF, OR
THE PROPOSED DIAGRAM OR ASSESSMENT; AND ANY AND ALL PERSONS INTERESTED HAY FILE A
WRITTEN PROTEST AT OR BEFORE THE TIME SET FOR HEARING REFERRED TO HEREIN.
PROCEEDINGS INQUIRIES
For all information relating to these proceedings, the hearing procedure, and any
and all matters as set forth and contained in any documents, Resolutions or Certifi-
cates, attention is directed to the person designated below:
JOHN LIPPITT, PUBLIC WORKS DIRECTOR
CITY OF CHULA VISTA
P. O. BOX 1087
CHULA VISTA, CA 92012
TELEPHONE: (619) 691-5021
DATED: , 1992.
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
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. .
.
PROCEEDINGS AND BONDS
,....
Said proceedings for ~his Assessment District shall be had and taken pursuant to the
"Municipal Improvement Act of 1913" (Division 12 of the streets and Highways Code of
the State of california). Bonds shall be issued to represent unpaid assessments in
accordance with the "Improvement Bond Act of' 1915", (Division 10 of said Code).
Following the confirmation of the assessments, a period of thirty (30) daye will be
allowed to make payment of assessments in cash, and the unpaid balance will then
become payable in annual inetallments, with bonds issued to represent the unpaid
balance. The actual interest rate for the bonds shall be determined upon the sale
of said bonds.
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT TUESDAY, THS 26TH DAY OF MAY, 1992, AT THE HOUIl OF 6.00
O'CLOCK P.M. OF SAID DAY, IN THE RSGOLAR MEETING PLACE OF THIS LEGISLATIVE BODY,
BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED TO CONSIDSR AND
FINALLY DETEIlMINE WHETHER THE PUBLIC IN'l'EREST AND CONVBNIENCS !\EQUlRE THS IMPROVE-
MENTS, AND TO CONSIDER AND DETSIlMINB WHETHER THE OWNERS OF A MAJORITY OF THE ARSA OF
THE PROPERTY IN THB PROPOSED ASSBSSMENT DISTRICT HAVE PROTESTED AGAINST SAID IMPROVE-
MENTS, OR ANY PORTION THERSOFI AND TO CONSIDER AND FINALLY ACT ON THE ENGINSER'S
"REPORT", AND TO HEAR ALL PROTESTS !\ELATING TO SAID PROPOSED PROCEEDINGS, OR THE
GRADES AT WHICH THE WORK SHALL BE DONE, OR. THE EXTENT OF THE ASSESSMENT DISTRICT, OR
AS TO MAPS AND DESCRIPTIONS, OR THE ESTlMATS OF THE COST AND EXPENSES THERBOF, OR
THE PROPOSED DIAGRAM OR ASSESSMENT, AND ANY AND ALL PERSONS INTE!\ESTED MAY FILE A
WRITTEN PROTEST AT OR BEFORS THE TIME SET POR HEARING !\EFBRl\ED TO HE!\EIN.
PROCEEDINGS INQUIRIES
For all information relating to these proceedings, the hearing procedure, and any
and all matters as set forth and contained in any do~ents, Resolutions Or Certifi-
cates, attention is directed to the person designated below.
JOHN LIPPITT, PUBLIC WORKS DIRECTOR
CITY OF CHOLA VISTA
P. O. BOX 1087
CHULA VISTA, CA 92012
TELEPHONE. (619) 691-5021
DATED.
, 1992.
CITY CLERK
CITY OF CHULA VISTA
STATS OF CALIFORNIA
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"7.,,-, .-..
~
..r.iiW2 . THE FOLLOWiNG" TELE.
PHONE NUMBERS ON THE
NClTICEOF'IIPIlOVEIIENT MINIUM. TOGETHER WITH DAY SEFORE THE SALE:
I r....T PORTION OF THE AL. (714) .....83.7 OR (213)
RESOLIITlON OF 'NmmON AND REPORT LEY ADJOINING Lor 1 ON 627......
NOTICE IS HERSBY GIVEN 1hat the CITY COUNCIL of Ih8 THE SOUTH AS A PORTION 45978
CITY OF CHUL~ VtsTA, CALIFORNIA, did. on Ihe 211t day of OF SAID AliiY WAS 'VA. IS 31550 4I22,29.5/6J'92
April. 1992, adfo: Its RuoIution of 1n18n1lon, recalv. and file a CrATED BY THE CITY CClUN- N011CEOF
. "Report"' of the i!nglnHt. and authorlz. allm. and place for a ~u. CL OF THE CITY OF IMPEfI. TRUSTEE'8 SALE
bile hearlng k) form . fH)8daI ......ment ~ known and d. IAl BEACH IN RESOLUnON ""
slQnated as ASSESSMENT DISTRICT NO. 2 r:JrAYVALLEY NO. 2587. ALL BEING IN THE Loan No.30252IMORAN
ROAD)(herelnaft81referredleuIheIOAaaes entOlstrlc:rj. CITY OF IMPERIAL BEACH, .T.s.No.F123534
The combined "RePOrt", u aulhof'lZed by Streetl and High- COUNTY OF SAN DiEGO. a~=-F17
ways Code SeCllon2881. hut:MMtnpreparedandapproved,co~ STATE OF CALFORNIA, AC,.. ---
slstlng of Ihe p18D1. apedflcalionl, maps, clelCrlptfOns and esll. CORDING TO THE MAP COAST ESCROW COM-
mate of the coat, and diagram and ......ment, and propertY v. THEREOF NO. 8237, FILED PANY.. dUly appointed
luatlons, and for aD partICuI.... U Ie Ihe_ oroceedlngs and any IN THE OFFICE OF THE TrualH...... the follOWIng c;te.
Individual, ......menta. reference is m8de Ie Mlcf combInect COUNTY RECORDER OF acr\bed deed of trult WILL
~~~='I~:'~tln-=~~'" well.. to Ihe previously ~~~~~,~~ 'aUy:J ~':.'e'irA~~
DESCRIP110N OF IIIPROVEMENTS EXCEPTING THEREFROM FOR CASH (In the forms which
The proposed works 01 Improvement to be ftnanc:ed under UNITS 100-132, INClUSIVE. are Iaw:IuI tander In the United
these proceedings for IhIs AUHlment D!ltrIct are described M AND 200 TO 210, 1NCLUSIVEit S18.18$) andIOf the euhler'.
street lmprovemen~,lncludlna <*nollllon, anldlng, paving, Qlfb. AS SET FORTH ON THAI certified Of other dlec::ks s~
gutter, sidewalk. atr48t IIghtTng, traffic Ifgnals. atorm drainl, CERTAIN CONDOMINIUM ned In C1v1 Code Sedlon
randscapl"" water main, utlUty Work and tralflc .trIpIn;. together PLAN RECORDED JANUARY 292"h (payable in full at the
with appurtenances..nd appurtenant work, Indudlng acqUIsition 8, 1878 AS FilE NO. lime of Hie) all right, tme and
of rights.Of.way and euemBntl,1f neoeaaary, to .erve and beneftt 78-007847 OF OFFICIAL RE. In1ereat conveyed to and now
properlles located within the boundarlea of the AaMlament 01.. CORDS AND AS DEFtNED IN ~ by tI und8C' HId 0e8d of
trict. THAT CERTAIN DECLARA. IrUaE In the ptOpfrty twefnafter
BOUNDARIES OF ASSESSIIENT DISTRICT TlON OF COVENANTS, deecrlbed.
All properlleslhatbenefttfromtheworkloflmprovemenUhall CONDITIONS AND RE- TRUSTOR: TERESA
be assessed 10 pay a proportion.. share of the coati and e~ STRICTIONS ESTABLISHING MORAN
ses of the Improvements. together with acquis!llon exPWI&88. A A PLAN FOR CONDOMINIUM BENEFICIARY: BEVERLY
map of the Assessment Disl1lct ldenllfl8d as "PROPOSED OWNERSHIP (DEClARA. HillS SECURITIES C()M.
BOUNDARIES OF ASSESSMENT DISTRICT NO. 90-2 (OTAY TION) RECOROEOJANUARY PAHY NCOfded Janu8l)' 31,
VAllEY ROAD)" hU been approved by the legislative body and 8. 1978. AS FilE NO. 1 881 a sin a t r, No.
for all ~culars as Ie the boundaries. r.f8l'enc:e1s made Ig said 71-0078048 OF OFFICIAL RE. 1991-00048302 In Book ..
map on fllewllh 1he uanscript of these oroceedlng.. CORDS. Flnllollho- - ofofOlllc:lalIho n_Rooonj fila
COST OF IMPROvEMENTS PARCEl2: ieOfllc:e r--..v 81'of
The cost of the fadlUIM Ie be....N8d 10 the property within UNIT 110 AS SET FORTH San 01. County: laid deed
the boundaries of the Auaaament OIItric1ls..lImated Ie b1e: ON THAT CERTAIN CON- oftruatdeacrtbes1he following:
. $10,~,242.00 DOMINIUM PLAN AND LOT 20 LATTA'S SUBDIV'-
The above figure Includes all COItI 01 the 1mproYement, DEFINED IN THAT CERTAIN ISION OF lOT 28; AND THE
IogetherwlthlnclOental.,conllngendeaandft~co811. "DEClARATION" RE. SOUTHERLY 30 FEET OF
. PROCEEDINGS AND BONOS FERRED TO IN PARCEL 1 lr:Jr 28. QUARTER SECTtoN
SaId proceedings for this AsMaSment Dlsl1ict shall be had and ABOVE. C'3'ON7. RA,NCN HOTHEDECITYLA HAo'
take pursuant 10 the "Munldpal ~ement Act of 1813" (0Iv. Thestr....sdr8uandolher' F
Islon 12 of the SUNts and Highways Code of Ihe $ta18 of Califor- c:ommon dealgnalton, If any, of CHULA VISTA, COUNTY OF
nla). Bonds shall be'lssued 10 represent unpaid ....samants In Ihe _ property duafbed .SAN DIEGO~TE OF CA-
accordance wlth the "Improvement Bond ACt of 1915," (Division abova" pu~ 10 be: 1820 lIFORNIAJ.": RDING TO
1001 said Code).IFOIIOwfng the confirmation of the ......ments, Seacoaat DrMt IS, knpertaI MAP THE~OF NO. 1238.&...~
a period of thirty (30) days will be allowed 10 make payment of u. Beach, Callfomla. fiLE IN THE OFFtcE OF I ME
$&ssments In cash. and the unpaid balance wilr then become The undersigned T,..... COUNTY RECORDER OF
payable In annuallnstallments, with bondllasued to represent the dlsclalms any lrabfUty tor. any SAID SAN DIEGO COUNTY
unpaid balance. T1l8actuallnlerest rate for tho bonda shall be de- Incorractneu of !hi street ad- FILED FEBRUARY 1",1810.
tennined upon Ih8 sale of said bonds. dreu and other common de- YOU ARE IN DEFAULT
PUBUCHEARING ~ "~ -"ho In UNDER A DEED OF TRUST
NOTICE IS HEREBY GIVEN THAT TUESOAY..t]!lE 26TH on, ,s re. DATED 1118181. UNLESS
DAY OF MAY, 1992 AT THE HOUR OF 6:OO0'ClVVf\ P.M. OF d l1li. I be mIlde. but YOU TAKE ACTION TO
. SAID DAY. IN THE REGULAR MEETING PLACE OF THIS LEG. :'===,c:r~~~ PROTECT YOUR PROP-
ISLATIVE BODY. BEING THE COUNCIL CHAMBERS, CITY lie -,,---1011 .r~-~-- EpRTVU81,l"SAMALEY.SEIF ySOLDOU NAETEOA
HALL, IS THE TIME AND PLACE FIXED TO CONSIDER AND ,..--, --.--.. IV
FINALLY DETERMINE. WHETHER THE PUBLIC INTEREST :: =~ ~"'th. ~~ AN EXPLANATION OF THE
AND CONVENIENCE REQUIRE THE lMPROVEMENTS; AND and 01 1he trus.. craat8d by NATURE OF THE PROCEE().
TO CONSIDER AND DETERMINE WHETHER THE OWNERS MId AuaulNM'lt lian. to paliNG AGAINST YOU, YOU
OF A MAJORITY OF THE AREA OF THE PROPERTY IN THE lheremal?prtnclpalaumaor SHOULD CONTACT A LAW-
PROPOSED ASSESSMENT DISTRICT HAVE PROTESTED $7,7045.88 ua COllI and.:t- YER.
AGAINST SAID IMPROVEMENTS, OR ANY PORTION VIIf'ICM of 1,889.28 with Inter. 229 "0- STREET, CHUlA
THEAEOF; AND TO CONSIDER AND FINAllY ACT ON THE alt oflhafl IdaIe r-.....- VISTA.CA92010
ENGINEER'S "REPORT"; AND TO HEAR ALL PROTESTS RE. catI" ,. 0 ,.......... "'(If a .lreel addr... Of com-
lATING TO SAID PROPOSED PROCEEDINGS.' OR THE -r:. ~ under laid man dealgnaUon of property I.
GRADES AT WHICH THE WORK SHAll BE DONE OR THE "......ment u.n .,.,.1Dfora ahown~, no warranty la
EXTENT OF THE ASSESSMENT OISTRIC1.9R AS to MAPS .xecutecI MCl delivered to 1M given uto Ita com~f8nHI or
AND DESCRIPTIONS, OR THE ESTIMATE ut" THE COST Al4D underllaned a written DecIara- correctness)." Thei benefldary
EXPENSES THEREOF, OR THE PROPOSED DIAGRAM OR lonofde1aultandDemllndtor under laid Deed of Truat, ~
ASSESSMENT; AND ANY AND All PERSONS INTERESTED Sale and wrtUen Notice of reuonofabr88Chorclefauhlh
MAY FILE A WRITTEN PROTEST AT OR BEFORE THE TIME 08raUtt': Elac1Ion to Sell. the obllaatlon. aecured
SETFORHEAAINGREFERREDTOHEREIN. The underllgned caused laid thereby,l ~elOJore 8X8O.I18d
PROCf.EOlNGS INQUIRIES Nob of Delauh and Elacdon and d8llVered to the underslg-
For all k'lformatlon relating to these proceedings, the hearing ., Sell 10 be recorded WI Ihe ned a written Dedarallon of ~
procedure, and all)' and all maaera aa ..t forth ar)d contained In ty Wh8r the ... tault and Demand for Sale, and
any dOOJments, R8ao1ullon8 or Certlflcat... attenUon is directed ~ a r property wrIaen nOllce of defauh and 01
to the person deslw;na18d bekM': . Da _pII" election to causa 1he Lnders~
O JOHNL PITT.PUBLICWORKSO'RECTOR .:'" 2O.l.'!.8!2 nod to HI' --," -~
. . (:' CITY OF CHULA VISTA Son """'" For__or. MIlary oald ';DgOti...'" IInd
. /~ P.O. BOX 1087 ~.,!~~...lnc. ther..fter Ihe underalgned
.. CHULAVISTA,CA92012 u_ u_ . caused aaId notice of dliiifault
TELEPHONE'. (619)66'.5021 3737 CamIno 0.. RIo So.. ...- of ~-OII"" -~~
C . .' CITY CLERK 0207 j';;;' 21.1.., .. .;:tt.');.
._ 0 ' :" CITY OFCHULA VISTA San.DIego,Callforn!a92108 1891.0301832 In Book
_... ....3 STATE OF CALIFORNIA (819) 284-9221 FI'WPIIge 378 of orndal Reo-
, CV01040., __ 4J2SW2 _ BySalfyR.Clark, cordalrith.omceor!hlrecor-
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UEN NO.1
HEFERE
871-H'
T.s. NO.
YOU ARE
UNDER A Nr::
SESSMENT A
lEN DATED
1981. lftIILES
ACTION TO Pi
PROPERT!,.
SOLD AT t'U
YOU NEED
TtON OF m
THE PROCEE
yO!:!. YOU ,
TAv' ALAWV
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....E-Ili
of ProfHslor.~
Ih. dulY ani"
pursuant 10 tr.
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executed by E
m""IIY_~
8.1991 and f!-
14,1991 uln
of Offtdal Re-:~
01 Ihe~;
Diogo .
_uant.. .
fault and EI~
Claim of Uen r-
17,1992 u In
of said 0I'fId-
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p.m. 01 1ho '
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highest blC:fder
bli at the lIme
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right, litle, a.-:
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unCSar MId Ual
sltualed m ~
State and de!<::
A Cclncfcn'l.
of:
PARCEL 1:
An undM-~:
donat Intereat
c::ommon In._ =
DONALD R. WORLEY.
WILLIAM .J. SCHWARTZ, .JR.
TIMOTHY K. GARF'IELD
ROBERT C. RICE
CHARLES V. BERWANGER
.JENNIF'ER TREESE WILSON
.JAMES P. O'NEIL
PATRICIA KENT
.JOSEPH A. SOLOMON
SUSAN BADE HULL
WORL.EY, SCHWARTZ, GARFIEL.D & RICE
A PARTNERSHIP INCLUOING A PROF'ESSIONAL CORPORATION
ATTORNEYS AT LAW
1160 FIRST INTERSTATE PLAZA
401 "B" STREET
SAN DIEGO, CALIFORNIA 92101-4245
TELEPHONE: (619) 239-0815
TELEF'AX: (SI9} 239-eS!i4
F'ILE NO.
'A PROFESSIONAL CORPORATION
May 26, 1992
HAND DELIVERED
Honorable Mayor and City Council
city of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: otay Valley Road Assessment District No. 90-2
May 26, 1992 Hearing
Honorable Mayor & city council Members:
As you are aware, we represent Charles Siroonian and Charles
pratty who ,are owners of property in the city of Chula vista. Their
property 1S included within the proposed otay Valley Road
Assessment District No. 90-2, and they have filed objections with
the city opposing these assessment proceedings, which are being
conducted pursuant to the Municipal Improvement Act of 1913 (1913
Act) (~ 10000 et seq., streets & Highways Code).
By its actions of April 21, 1992, the city Council, over our
objections, certified the EIR for this road improvement project,
and it initiated these assessment proceedings, preliminarily
approved the engineer's report and set the matter for hearing on
May 26, 1992. We continue our opposition to the assessment
proceedings for the reasons set out below.
We question the legality of imposing an assessment district
under the 1913 Act for the purpose of enhancing traffic
circulation. These improvements should more properly be funded by
the City through mechanisms other than an assessment proceeding,
because the improvements are calculated to provide a general
benefit to the city and the general public, rather than a special
benefit to the properties proposed for assessment.
Even if we accept for purposes of argument that a 1913 Act
proceeding would be legally acceptable for a portion of these types
of improvements on the theory that some special benefit would be
realized, we remain seriously concerned about the City I S non-
compliance with the 1913 Act mandate. Specifically, the concern is
that the road improvements proposed to be funded by this assessment
/3 ~/,
,
~/l! l
Hon. Mayor and City Council
city of Chula vista
May 26, 1992
Page 2
proceeding far exceed the level of improvements needed to provide
my clients with any special traffic circulation benef its. Any
colorable compliance with the 1913 Act authority would require the
city either to reduce significantly the scope of the improvements
to equate with any benefit being bestowed upon the area assessed,
or, in the alternative, to expand the area of benefit to include
developing and future growth areas which will add to the
circulation impacts and benefit from the improvements. The scope
of the improvements and the studies prepared by the City certainly
reflect the anticipation by the city that those developing and
future growth areas will benefit substantially from the assessments
to be imposed on the limited area of benefit now described.
LEVEL OF PROTEST
Before discussing the legal points in more detail, we must
urge the City Council to consider seriously the level of protest by
property owners in the alleged area of benefit. These protests are
filed under the authority of sections 10301 through 10312 of the
Streets and Highways Code.
The intensity of concern evidenced by the level of protest
must give the City Council reason for pause and reason for
investigation of why so many owners are protesting these
proceedings from which they are supposed to receive a benefit. It
must be apparent to all that the underlying reason for this level
of protest is the property owners' inherent sense that the proposal
is unfair to them because it would assess them for a level of
improvement that far exceeds any special benefit to them. It is
clear that the proposal is geared to position the city to
accommodate the developing and future growth areas to the east,
which at this point are not included within the areas to be
assessed.
We urge your Council to heed the concerns raised by the strong
protest of property owners and find that this unfair imposition
must not be visited upon them when the benefit is city- and even
region-wide.
1913 ACT AUTHORITY
The 1913 Act authorizes the imposition of special assessments
on property to pay for public improvements and it conditions that
authority on the rule that the levy on each property may only be in
proportion to the benefits received by each property. The
California supreme Court in citv of Baldwin Park v. Stoskus (1972)
/3-17
Hon. Mayor and city council
city of Chula vista
May 26, 1992
Page 3
8 Cal.3d 563, 105 cal.Rptr. 325, a case involving an assessment
proceeding for construction of a public street and storm drain,
explained the assessment district authority as follows:
II . . . [T]he justification for the imposition of a
special assessment is that the property to be assessed
will receive a special benefit over and above that
received by the general public. [Citations omitted.] Of
course, the amount of each individual assessment is not
necessarily measured by the precise amount of 'benefit'
flowing to the property owner affected. The assessment
is usually based upon the cost of the improvement, spread
among the benefited property owners upon some equitable,
nondiscriminatory basis. [citations omitted.] The
absence of an exact relationship between the assessment
levied and the benefit received will not, however,
invalidate the assessment, at least in the absence of
fraud, mistake or gross injustice. [Citations omitted.] II
(8 Cal.3d at 568-569 [105 Cal.Rptr. 328].)
The rule was further explained in Harrison v. Board of
Supervisors (1975) 44 cal.App.3d 852, 118 Cal.Rptr. 828, a case
involving a storm sewer special assessment and a case which has
pertinent parallels of proposed assessment and legal reasoning to
those in this situation. There the court stated:
lilt is also clear that only a 'special benefit' to
the property assessed will justify an assessment, not
merely 'general benefit' inuring to the public as a
whole. [Citations omitted.] When the special benefit
exists, the formula on which the assessments are made
must be based on the benefit received. [Citation
omi tted. ]
liThe trial court based its holding that the
assessments were void on its conclusion that there was no
substantial evidence of a special benefit to the
protesting property owners and, further, that the formula
upon which the assessments were based was an invalid
method as a matter of law. The findings are related in
that the validity of the formula will of necessity depend
upon just what the special benefit is. To be specific,
plaintiffs argue that when the public improvement to be
built is a drainage project, uphill property may not be
assessed at allor, at least, at a lower rate than the
lower land. The several cases cited in support of this
argument, however, all involve cases where the benefit
was the prevention of flooding on the assessed land.
13-/~
Hon. Mayor and city council
city of Chula vista
May 26, 1992
Page 4
(See, e.g., Honegger v. Reclamation Dist. No. 1619,
supra, 190 Cal.App.2d 684, 692, 12 Cal.Rptr. 76; Myles
Salt Co. v. Iberia Drainage Dist. (1915) 239 U.S. 478,
482-483, 36 S.ct. 204, 60 L.Ed. 392.) When this is the
special benefit, it seems obvious that higher land might
not be flooded at allor, at least, to a lesser degree
than low land. However, if the water from all the
properties drained into public property, such as a
street, and the pooled water caused odors, mosquitos or
a health problem of some nature, all property owners
might well be benefited equally regardless of the
elevation of their land.
"In analyzing the propriety of the court I s decision,
it is necessary first to identify the benefit which the
public improvement will render; next, to determine if the
property owners will receive a benefit different from
that of the general public; and, finally, to ascertain if
the formula on which the assessments are made is based on
the benefit received.
"The benefit to be derived from the drainage system
in the case at hand is the prevention of street flooding
which occurs during the rainy season in certain spots of
the area. There was no testimony of floodings on the
private properties themselves and much testimony from
people who claimed there was no excess water problem at
all in their immediate vicinity even in the streets.
"The theory on which the benefit was presented at
the administrative hearings was that the general area
would benefit by relief of the traffic problems and that
those who contribute to the problem should contribute to
the solution. It is concluded in agreement with the
trial court that this is not a showing of a special
benefit to the assessed property. The facilitation of
traffic is of general benefit to the community and, thus,
if repair and maintenance expenses alone are involved,
these are not charged to abutting property owners.
[citation omitted.] The fact that the traffic problems
are seen as caused, not by the rain, but by the property
from which the rainwaters drain, is not a basis for
levying a special assessment according to the special
benefit rule. It is possible, of course, that property
abutting a street with a flooding problem would receive
a special benefit from draining, for example, in
facilitation of ingress and egress from the property or
parking. Appellants point to no evidence of such special
/3-/1
Hon. Mayor and city council
City of Chula vista
May 26, 1992
Page 5
benefits, and if they exist, they would hardly warrant
assessment of all properties in the area regardless of
whether they were benefited.
"'It is possible that it will suffice if, from the
nature of the work, the property can be presumed to have
received an especial benefit.' [Citation omitted.] It
is this type of presumption upon which respondents relied
in assuming that the property values of all land would
rise because of the drainage of the area. This assumes
two things--first, the property values will go up and,
second, that increase in property values is the type of
benefit which alone will warrant special assessments. If
increase in property value alone would amount to a
'special benefit,' then payment of ordinary road
maintenance and repair could be upheld on that basis,
reasoning that increase in value can be assumed for
property which abuts a well-maintained road. This is too
tenuous a connection, particularly in the absence of any
cost-benefit analysis or evidence. Even more tenuous is
the assumption that all property will increase in value
regardless of its location in the assessment district.
For example, the question arises whether property on high
ground several blocks from any streets which flood in the
rainy season will enjoy an increase in market value
because the distant street was drained. Obviously, a
point will be reached where no increase may be assumed.
Defendants, therefore, could not prevail on an increase
of market value theory with no evidence upon which the
connection between benefit and assessment can be posited.
The trial court was correct in holding that there was no
substantial evidence of a special benefit.
"As this court has concluded that there was no
special benef it shown to plaintiffs' property, it is
unnecessary to consider whether the trial court was also
correct in its conclusion that the City used an invalid
method of spreading the assessment."
FACTS
The assessment proceeding here concerns the improvement of
otay Valley Road to a width of six travel lanes with median, curbs,
sidewalks, etc., all as described in the project documents and the
Preliminary Engineer's Report. From the beginning, the project has
been identified as a regional facility, planned and designed in
accordance with the right of way requirement designated in the
13'-'*0
Hon. Mayor and City Council
City of Chula vista
May 26, 1992
Page 6
City's General Plan, for ultimate build-out capacity, as evidenced
by the following documentation:
1. otay valley Road Financing and Feasibility Plan, July 25,
1991:
section 1.1 identif ies the purpose of the proj ect is to
"provide a better level of service to current development,
ensure adequate capacity for the projected future development
and provide an important link between the City of Chula vista
and the otay Mesa and Tijuana Metropolitan areas."
2. Final Environmental Impact Report, otay Valley Road
widening Project Chula vista, dated August 1991:
Comment 3, page 6, paragraph 5; comments by Herman Basmaciyan
of Basmaciyan-Darnell, Inc., Traffic Engineers:
" . the traffic considerations for otay Valley Road
are based on the City's General Plan Scenario IV traffic
estimates and the roadway, as proposed, is commensurate
with the Circulation Element and the General Plan of the
city.
*
*
*
"The widening of the road itself will accommodate land
uses in the area adjacent to the roadway as well as
playing the regional role that the facility is intended
to serve."
3. Council Agenda statement, Item 31 A-D, dated April 21,
1992, Exhibit B (Minutes, otay Valley Road Project Action Committee
of January 13, 1992):
"The property owners are not against the road
improvements per se. However, they feel the road is too
wide to service the project area and the cost is too high
for some of the property owners to bear. Mr. Kassman
indicated that although the road project is scheduled to
be six lanes from I-80S to Nirvana Avenue, the traffic
generation analysis in the area indicates that a four
lane facility will suffice. The City has agreed to put
in approximately $1.2 million in order to pay for the two
additional lanes."
The improvements proposed are based on forecast volumes at
build-out of the General Plan, and the traffic studies were based
I.J"~/
Hon. Mayor and city Council
city of Chula vista
May 26, 1992
Page 7
on these same forecast volumes. Yet, the assessment proceeding has
focused the burden of the improvement costs on only a portion of
the area that is said to benefit by these improvements. Further,
the preliminary Engineer I s Report (page 37) states that "the
widening will improve the existing level of service on [otay Valley
Road], will increase traffic flow between connecting areas and
provide a safer corridor of travel." It is clear that the
improvements provide a general benefit and not a special benefit to
the properties assessed.
Also submitted to you is the May 22, 1992 report of Linscott,
Law & Greenspan, Engineers which has analyzed pertinent project
documents and raised a number of concerns about the discrepancies
between traffic counts, road size, and the variance between the
overall project cost and the portion which the City is proposing to
pay for the additional fifth and sixth lanes. That report
concludes that the roadway proposed will provide direct benefit to
an "area much larger than the benefit area identified" for
assessment.
LEGAL ANALYSIS
In looking to the legal test and comparing it to the facts, we
must assert that the city's proposal violates the 1913 Act's
requirement that the assessment imposed is equal to the special
benefit to be received and, moreover, violates the Act because no
special benefit is realized at all.
1. General. Not Special. Benefit.
Following the Harrison test and analysis, we first look to
what the "benefit" really is that will result from the public
improvement. Basically, the only "benefit" that will result from
the road widening is improved traffic circulation. Harrison tells
us that relief of traffic problems and the facilitation of traffic
circulation is a qeneral benefit to the community, not a special
benefit. While there possibly is special benefit that could be
realized to some property in terms of facilitation of ingress or
egress to a particular property, such is not the case with our
clients.
Further, the benefit that may be derived from the potential
increase in property values from the road widening was said by
Harrison to be "too tenuous a connection."
/3~~
Hon. Mayor and city Council
city of Chula vista
May 26, 1992
Page 8
So what, then, is the special benefit to the owners proposed
to be assessed? The city has failed to identify this special
benefit in terms which will stand the test of the 1913 Act. The
city's theory of special benefit is tenuous, at best, when one
looks to the scope of improvements for traffic circulation, the
regional traffic circulation facilitation, which by its very nature
is a general benefit which should be borne by the City as a whole--
not by the property owners who happen to be "in harm's way."
2. Benefit Not Eaua1 To Assessment.
Even if there was some factual basis for the argument that a
special benefit could result from the improvements, the assessments
imposed on these individuals far exceeds any special benefit which
may result to any given property owner for all of the reasons
stated above. While some courts have said that an exact
relationship is not necessary, that does not in any way justify the
broad divergence here between the assessment and the benefit.
3. Other Points of Concern.
As other points of concern, we assert the following:
1. The method and formula of assessment spread in the
Preliminary Engineer I s Report is inadequate. Properties are
identified by Assessors Parcel Number and an assessment is assigned
based mostly on formula ADT figures and in a few instances on
actual traffic counts. No computation is shown as to how the
assessment for each parcel was achieved as is required by Streets
and Highways Code Section 10204.
2. A focused traffic study is needed to determine actual
traffic improvement needs (if any) of properties within the
proposed benefit area. No specific ADT count for the Assessment
District is presently available, and to date traffic studies have
been based on forecast volumes of ultimate General Plan buildout.
Until this is done, the alleged benefit (if any) to any property
owner within the proposed district cannot be fairly or accurately
determined.
3. The assessment proceeding is flawed by each and every
issue raised in the Linscott, Law & Greenspan report of May 22,
1992, a copy of which is attached to this letter.
/3',).$
Hon. Mayor and city council
City of Chula vista
May 26, 1992
Page 9
CONCLUSION
Based on all of the above and all documents in the City's file
for this proceeding and the oral testimony presented at the
hearings in this matter, we urge that the city council take no
further action on this assessment proceeding, but rather terminate
it at this time and reevaluate the basis for the proceeding, the
scope of the public improvement proposed and the level of
assessments proposed for confirmation.
The proceeding has not been well-received by those who will
bear the burden of the assessment, and we believe this is with good
reason. The Council must heed and consider seriously these
concerns before it takes any additional action.
Respectfully submitted,
WJS:mam
Enclosure
d:\siroon.ian\mayor3.ltr
cc: Mr. Charles Pratty
Mr. Charles Siroonian
Mr. Joe Botkin
city Manager, City of Chula vista
city Attorney, City of Chula vista
WORLEY, SCHWARTZI GARFIELD & RICE
~/!1d~tJ~MJjdA-
I~~;J-SCHWARTZ, JR.
13~'f
LINSCOTT, LAW & GREENSPAN, ENGINEERS
TRANSPORTATION PLANNING. TRAFFIC ENGINEERING. PARKING
8989 RIO SAN DIEGO DRIVE. SUITE 135. SAN DIEGO. CALIFORNIA 92108
TELEPHONE: (619) 299.3090. FAX: (619) 299-7041
May 22,1992
PHILIP M. LINSCOTT. P,E.
JACK M. GREENSPAN. P.E.
WILLIAM A. LAW, P.E.
PAUL W. WilKINSON, P.E.
LEON D. WARD. P.E.
DONALD W. BARKER, P.E.
t,
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Mr. William J. Schwartz, Jr.
Worley, Schwartz, Garfield & Rice
1150 First Interstate Plaza
401 "B" Street
San Diego, CA 92101-4245
~
-,
.
Subject:
Otay Valley Road Assessment District #90-2
Dear Mr. Schwartz:
~
.
Linscott, Law & Greenspan has reviewed the following documents concerning the proposed
Otay Valley Road Assessment District #90-2:
,
,
,
. The Final Environmental Impact Report (FEIR) for the Otay Valley Road widening.
~
,
. The Preliminary Engineer's Report (PER) for Assessment District No. 90-2, April,
1992.
. The Financing & Feasibility Plan (F&FP) for Otay Valley Road Phases I and II and
Public Improvement~ Associated with Otay Rio Business Park, July 25, 1991.
It should be noted that the scope of work and budgets for preparing these documents was
not known.
The following questions and comments arose during our review:
1) There is a discrepancy between the various documents concerning the trip generation
rate used for the Industrial Park uses. The F&FP (page 22) uses 80 daily trips/acre,
the PER (page 38) uses 200 daily trips/acre and Appendix F of the F&FP uses 120
daily trips/acre to calculate the trip generation of the Otay Rio Business Park.
2) We would question the traffic data for the Otay Landfill contained in Table 4 of the
F&FP. According to vehicle counts taken at the Landfill between January 1, 1991
and June 30, 1991, there was not one weekday when less than 150 trucks accessed
the landfill and over 90% of the weekdays had over 200 trucks. The daily volume of
80 trip ends in Table 4 appears very low.
OTHER OFFICES: COSTA MESA TELEPHONE: (714)641-1587. FAX: (714)641-0139
PASADENA TELEPHONE: (213) 681-2626. FAX: (818) 792-0941
AN LG2WB COMPANY / 3 ,~~
\1'
Linscott, Law & Greenspan, Engineers
Worley, Schwartz, Garfield & Rice
May 22,1992
page 2
3) A comprehensive study should be completed to determine the traffic generation and
corresponding facility requirements for the assessment district only. It is agreed that
a six-lane roadway is necessary to accommodate the projected regional buildout
traffic volumes, but it is possible that a four-lane roadway is sufficient to
accommodate the assessment district traffic. The six-lane roadway will relieve
projected regional traffic problems and will provide direct benefit to an area much
larger than the benefit area identified in the F&FP.
4) The PER states that the City of Chula Vista will contnbute to the financing of the
widening of Otay Valley Road but does not state an amount. The F&FP states that
the City will contribute $1,211,971. It does not state how this very specific amount
was determined. The meeting minutes from the January 13, 1992 Otay Valley Road
Project Area Committee stated that, "traffic generation analysis in the area indicates
that a four lane facility will suffice" and, "the City has agreed to put in approximately
$1.2 million in order to pay for the two additional lanes." Therefore, it appears that
the assessment district is paying $10,406,242 for its two additional lanes and the City
is paying $1,211,971 for its two additional lanes.
5) Page 11 of the PER indicates a cost item for a traffic signal at I-80S. Was it taken
into account that the I-805/0tay Valley Road traffic signals are scheduled to be
installed by December, 1992 and that negotiations are on-going to have Caltrans pay
one-half of the signal cost (Mike Donnelly, City of Chula Vista)?
6) The following comments relate to the cost estimate for Phase I of the Otay Valley
Road widening project contained in the PER, pages 8 thru 12.
Upon cursory review of the cost estimate, we assume only one traffic signal is a part
of this project (item 66 calls for only one controller). It appears that items 66 thru
87 are specific items for this signal installation. With respect to the individual cost
items, we have the following questions:
a) Items 69 and 85 appear to be the same thing. We do not understand why the
costs are different nor do we understand why there are 10 type 29-5-70 signal
standards under item 85. We think this number should be 1 instead of 10.
b) Items 88 thru 91 appear to be for a signal interconnect or lighting; the estimate
should specify this.
c) Item 87 appears to be too high in quantity (24). A typical signal installation
usually requires only one of these (and sometimes two). Any signal interconnect
typically uses #5 pullboxes (PB).
/3--,J./e,
.
Linscott, Law & Greenspan, Engineers
Worley, Schwartz, Garfield & Rice
May 22, 1992
page 3
d) On page 11 (second from bottom), we do not know what the $289,300 is for.
ls there more than one signal here? If the answer is no, then this price appears
to be high. If the answer is yes, then why were there no individual costs
supplied for the other locations?
If you have any questions, please give us a call.
Sincerely,
LINSCOTI, LAW & GREENSPAN
~41lPE
Senior Transportation Engineer
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RESOLUTION NO. I' (, :3 9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENTS FOR EXECUTION IN ASSESSMENT DISTRICT
NO. 90-2 (OTAY VALLEY ROAD) AND AUTHORIZING THE MAYOR TO
SIGN SAID AGREEMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, has, pursuant to the provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, by adoption of its
Resolution of Intention, declared its intention to order the
installation of certain works of improvement, together with
appurtenances, in a special assessment district known and designated
as ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) (hereinafter
referred to as the "Assessment District"); and,
WHEREAS, there has now been received, in proper form, an
Underwriting Agreement for the purchase and sale of said bonds to
issue under said proceedings, and said underwriting agreement
received is, in the opinion of this legislative body, considered to
be the underwriting agreement that would best serve the interests of
owners of land included within the Assessment District and should be
accepted; ,and, I
WHEREAS, pursuant to section 10110 of the Streets and Highways
Code of the State of California, it is required that prior to the
time that any works of improvement are ordered pursuant to said
proceedings, the legislative body may, by contract, provide that
certain works shall be performed by other public agencies or
regulated public utilities who will have the legal title to the
facilities, and further that said, improvements shall thereafter
constitute a part of their system; and,
WHEREAS,
be made prior
the assessment
it is further provided
to the adoption of the
proceedings; and,
that any such agreement shall
Resolution Ordering Work under
WHEREAS, at this time, contracts have been
submitted pursuant to the authorization of Section
streets and Highways Code.
reviewed and
10110 of said
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the underwriting agreement received from STONE
& YOUNGBERG for the purchase of improvement bonds representing
unpaid assessments in said Assessment District is hereby accepted
and approved for execution on behalf of the city. Said acceptance
is subject to all the terms and conditions as set forth in the
underwriting agreement.
"
13/1-1
;<
'1;0
SECTION 3. That the agreements, herewith submitted, relating
to the installation of certain improvement facilities that will be
under the ownership, management and control of other public agencies
or regulated public utilities, are hereby submitted and herewith
approved. The following listed agreements are hereby authorized for
execution on behalf of the City. Said Agreements relate to facili-
ties to be owned by the following listed public agencies or
regulated public utilities.
A. OTAY WATER DISTRICT
B. SAN DIEGO GAS & ELECTRIC
C. PACIFIC BELL
SECTION 4. That immediately upon execution, conformed copies
of said Agreements shall be transmitted to the offices of the under-
writer and respective public agency or utility company, together
with a copy of this Resolution.
Presented by
d
John P. Lippitt
Public Works Director
Bruce M. Boogaar
City Attorney
PASSED, APPROVED, and ADOPTED
of Chula Vista, California, this
1992, by the following vote.
by the City Council of the City
day of
AYES. Councilmembers.
NOES: Councilmembers:
ABSENT. Councilmembers.
ABSTAIN. councilmembers.
Tim Nader, Mayor
ATTEST.
Beverly A. Authelet, City Clerk
13/9"J.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
I, Beverly A. Authelet, City Clerk of the City of Chula Vista,
California, do hereby certify that the foregoing Resolution No.
was duly passed, approved, and adopted by the City Council
held on the day of , 1992.
Executed this
day of
, 1992.
Beverly A. Authelet, City Clerk
13/7--3
RESOLUTION NO.
I"" 'It)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TRANSFER OF FUNDS TO
ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY
ROAD)
WHEREAS, on April 21, 1992,
Resolution of Intention to construct and
improvements to Otay Valley Road, east of
Municipal Improvement of 1913; and
Council adopted the
finance certain public
1-805, pursuant to the
WHEREAS, the estimated total cost of the Otay Valley Road
project (Phase I & II) is $13,841,700; and
WHEREAS, it is proposed that the City and Redevelopment
Agency contribute $3,435,467; and
WHEREAS, the city shall be reimbursed by SB 300 funds
upon completion of construction; and
WHEREAS, the city needs to loan $1,161,000 to the
district prior to project completion.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby authorize the transfer of
$1,161,000 from Sewer Fund 222 to Account 996-9960-ST123 for
Assessment District No. 90-2 (Otay Valley Road), which amount shall
be reimbursed by SB 300 funds upon completion of construction.
C:\rs\ov fund xfer
Presented by
J
John P. Lippitt, Director of
Public Works
c~ty
13/1-/
"
" :
RESOLUTION NO. I~~ '1/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEER'S
"REPORT" IN ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, has previously adopted its Resolution of Intention
pursuant to the provisions of the "Municipal Improvement Act of
1913", being Division 12 of the Streets and Highways Code of the
State of California, for the installation of certain works of
improvement in a special assesement district known and designated as
ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) (hereinafter
referred to as the "Assessment District"); and
WHEREAS, based upon the presentation and recommendations of
staff and available documentation, it now appears that the changes
and modifications as set forth in the amended assessment roll, as
presented herein, should be approved and ordered to be done.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That all changes and modifications as set
the final assessment roll and Engineer's "Report" as
submitted are hereby ordered and authorized to be made.
particulars, reference is made to said "Report" as herein
a copy of which will remain on file with the transcript
proceedings and open for public inspection.
forth in
herewith
For all
approved,
of these
SECTION 3. That the Engineer's "Report", the Assessment Roll,
and all related documentation, as so modified, are for the best
interests of the property owners within the Assessment District, and
said assessment, as modified, is in accordance with the benefits
received, and the "Report", as herein modified and amended, shall
stand as the "Report" for all subsequent proceed in relating to
this Assessment District.
Presented by
John P. Lippitt
Public works Director
Approved as to
~~
Bruce M. Boog
City Attorney
PASSED, APPROVED, and ADOPTED
of Chula vista, California, this
1992, by the following vote:
by the City Council of the City
day of
/3C-}
\
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
I, Beverly
California,
was
held on the
A. Authelet, City Clerk of the City of Chula Vista,
do hereby certify that the foregoing Resolution No.
duly passed, approved, and adopted by the City Council
day of , 1992.
Executed this _____ day of
, 1992.
Beverly A. Authelet, City Clerk
/3C-~
RESOLUTION NO. 1(,(, ~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FIND-
INGS IN ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, has, by Resolution, declared its intention to order the
installation of certain public works of improvement, pursuant to the
terms and provisions of the "Municipal Improvement Act of 191311,
being Division 12 of the Streets and Highways Code of the State of
California, in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY ROAD) (hereinafter
referred to as the "Assessment District"); ahd,
WHEREAS, certain owners of property liable to be assessed for
improvements have filed written protests or objections and delivered
the same to the city Clerk not later than the hour set for hearing
such objections; and
WHEREAS, at the time set for said Public Hearing, all protests
and objections were duly heard and considered, and all matters as to
the method and formula of the assessment spread and the determina-
tion as to whether or not the property did receive a benefit and
whether the assessments were apportioned in accordance to benefit
were heard and considered.
NOW, THEREFORE, BE IT RESOLVED:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the public hearing on the Assessment District
is hereby closed.
SECTION 3. That all protests and objections of every kind and
nature be, and the same hereby are, overruled and denied, and it is
further determined that said protests and objections are made by the
owners of less than one-half (1/2) of the area of property to be
assessed for said improvements within said Assessment District.
SECTION 4. That is hereby further determined that all proper-
ties within the boundaries of the Assessment District receive a
local and direct benefit from the works of improvement as proposed
for said Assessment District, and it is hereby further determined
and declared that all assessable costs and expenses have been appor-
tioned and spread over the properties within the boundaries of the
Assessment District in direct proportion to the benefits received
thereby.
SECTION 5. That the Engineer's method of spread and apportion-
ment of all costs is hereby approved and adopted as being a correct
and proper apportionment and distribution of all assessable costs
for these works of improvement.
13])-/
John P. Lippitt
Public Works Director
Bruce M. Boogaard
City Attorney
Presented by
APpnd as
(L~
PASSED, APPROVED, and ADOPTED
of Chula Vista, California! this
1992, by the following vote:
by the City Council of the City
day of
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmernbers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authe1et, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
SSe
I, Beverly
California,
was
held on the
A. Authe1et, City Clerk of the City of Chu1a Vista,
do hereby certify that the foregoing Resolution No.
duly passed, approved, and adopted by the City Council
day of , 1992.
Executed this _____ day of
, 1992.
Beverly A. Authe1et, City Clerk
/3D-02.
05-22-92 11:2~ AM FROM B 0 H
P02
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TOOBTHIIJl "ITH APPUllTBRMCBS, ."I\OVIlCO 'lIIB IIlCOIRB1IlJl'S
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JlOAD I
"RIRIIAS, the CITY COVRC:l:L 01: tbe CITY or CHVI.A VI.TA.
CALIJ'ORNIA, haS p~...iOll.ly a4Opl:ed it. ..solution of Inumtion and
initiat.d proc.ading. for th. installation of certain public workll
of !lap..ov_t. togetMr with lippUrt!tnancee and appurtenant work,
inoluding acqui.itlon whar8 ap..':v...:lat., in a speclal ....._t
4i.t:r:ict pu&'.uant to th. t.=. and P&'O"iaion. of the 'Municlpal
:l:llp&'o,,_.nt Aot Of 11113", b.l.n9 Divi.lon 12 of the senet. and
Highway. Cad. of the Stat. of Califo&'nia, .aid .peci.l ....._t
dlatdot known and de.ip.tad .. ASSBS8WBI'IT DIITJlIC'I JIQ. 110-2 (O'lIAY
VALLIY JlOAD) (b....in.ft.r "".&,&'84 to .. th. "....._nt Di.triot"),
and,
WHBRIIAS, pur.uant to 'l:M provl.ai..... of ..1d "MunJ.clp&l Imp~ove-
1IlSQt: Aot: 01: lt13' and P&IL't: 7.5 of 1I1,,1.10n 4 01: the street. and
H1ghway. COd., tb. "Sp.oi.l A....ament. Ll.aIitatlon and H.jo~ity
prot:..t agt of 1931", .. ClOlllblned "Jlepo"' (b8&'.illaft... >:.f.....ad to
a. th. "R.port'). a. autborized, baa been provlded. pA..nted,
con.idered and approved by th1. 1AI9i.18t1ve body, and,
lfIlBRIIAS, .aid "BepOrt" , a. pr.UmillarJ.1y &pP&'O".d, cont..ined
all tbe .att.&'. and it.... call.d tor. by law and .. pu:euant 1:0 the
pro"i.ion. ot the "lCIInJ.cip&l IftIP&'Cl~t Act: 01: 1913" and S.ction
2961 of .ald str.-t. and Rigbway. Code of tb. It at. of Callfornla,
lncludlng the followll19'
1. Plana and .pecUic&tiofte of the Fepc..d imFO.-nt.,
2. I.tl.ma" of 00.'"
3. Diagram of A......nt D1atriot,
4. an .....sment aacord1ng to baftlflte,
5. II .s..cd.ploion of tb. work. of !tnp&'ov_t,
6. Valuation lnfor_tiem, &n<I.
lIRBUA8, all plL'Ot:.ate ba". been Mud alld con.id.red, and ..
full hear1ng has baen 91....n' all in the manne>: provlded by l.w, &n<I,
"II.UAS, Dot:io.. of ..id b..rinv w.r. duly and r8llU1U'ly
poeted. mailed and publi.hed in th. t1me, I:ODII and _nne>: r~ited
by law anc1 a. ev1denoed by affidavit. on IU. with the ttan.or1pt of
the.e ptooeed1nge, and,
lfIIBRIIAS, tll. owner. of Ofte-ball: C 1/21 01: the ...... a.....ed fo>:
the coat of the p~j8Clt dld not fUe writt.n prote.ta agaiDat the
.aid l'ropoHd iIlp.:'O,8IlI8iIt8 and aCQUiSition where 81lJilZ'OPriate, iI1lc1
~hi. legialat!". body did. after proT1din; a tull bea..il19. Ove:l:>:ul.
..nd deny all prot..ts and ob'ection., and,
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05-22-92 11:29 AM FROM B D H
P03
WBII.S.lI. the l.gisl.tive bo4y i. d..l.ro... at this til1le of
provi4in; a aant:dbllt10l1 1:0 pay . portl.on of 101'1. "o.t. .Dd .x1*-.
of th. work .nd prcc..din!J" and,
WHlRBlS, thi. le;i.lative bo4y 18 nllW .atl.fled with 101'1. .......
ment and aU matt.r. cOIIta1n8ll 11'1 the ".~. .. now updated and
.uI:lmi1:ttld, and.
WBIRBAII, th1& l.gi.l.tive bOdy did, by 101'1. aeloptlon of
R..olll1:1ol1 Ho. 16599 ("oertifYl.ng Resolution"" CllIrtifr that the
fin.l In"ir~tal Impact: MpOrt, a. 48f1nt1d therein ("0111"), was
5'rep.",sd in .cllo",4.n"s wi1:h 1:be ra~irement. of the California
.""lro_lIta1 9".1.11:y A". .nd the lJIIidel1n.. lawfully pl'Ollllll;ated
thereunder, anel,
WHIRlAS, the ",.oUal. an4 re801IIt10n. of the City councll
eontained ion the Certifyill9 Resolution .... inoorper.tec5 1'1....111 as iof
II8\; forth in f..U 1'1......10.
HOW. TlmMJ'QIlB, BI 1'1' lIBSOLYID.
RICI'1'M.8
SIC'l'IOII 1. '1'1'1.10 101'1. above recitale are .11 true .nd oorraet.
PRD'1'IST.
SBC'l'IOII 2. That aU plrOtaaes and Ob'eetion. of -zr kinel and
n.t..... be, .nd the ..... h.r.by .r., ""errultld .nel l!8niad, .nd it i.
furth.r ct.tezm1necl that ..id plrOteae. and oll:lectlon. U'e madll by lobe
own.r. of 1... than one-half of the .r.. of property to be ......ad
for said iIa.pz'_nt. withill Hid 18.......nt Diaerillt.
UllUI',. UCI%VZD
SSC'l'IOI'I 3. '1'h.t ill i. beftby det.....1n.d t:hat: all properti..
..ithin 101'1. boundaries of the ....._t Di.triet noei". . 1._1 anoS
dir.et ban.fit from 101'1. worlul of impr_t ... propoaeoS for .aid
......m.nt Di.trict, and it i. ar.by furt:h.r d.t.mined anoS
d.el.red that .U a.....abl. cost. pd eXpeIlae. haTe be.n appor-
tioned and .p~.acI ov.r the properties "ith1n the l>oIZlloSar1.. of the
....._nt Dbtrlet 111 dlno1: proport10n to the benefit. recelved
1:hereby.
nllf.IC III'1'IIRU'1' AIlD COIIVIIIIlIIII/CII
SBCTION 4. That 101'1. plllllie ln1:en.t and eonven1ellC. requl.re
the propo.ed 1mprov....nt. to be nuode, and theref~ it i. her.by
ordered that the work to I>> dona and iIIlprov_nt. 1:0 b. mad.,
togetber wJ.th .ppurtenanoe. and .ppurtenant work in ClODnactioa ther..
with, .Lnolud1ng acquJ.aition ..h.... approprlat:.. in .aid A........nt
Dl.trie1:, a. .et forth in the _olution of Intention ~iou.lr
adopted .nd .. .et fo~ 1n the "MpOrt" pr...nt.d and eon.lderecl,
and .. now 8IIbmlt:t:ed.
/3&-;2.
05-22-92 11:29 AM FROM B D H
P04
anIHIIIR'S "JIB_'1'"
SIlOTIon 5. '1'hat the '''po'''t" of the IIngLn..I:, .. no..
.ubmitted.. upSatall &Jl4 ~ed. .. appII:QPr1.te, 1f hell:ablr appl:oved
.nd .a14 "JI.pgn" .hall .taDd .. the "R.pol:t" fo'" .U futuN
proceed.1Dg. fOI: th1. A...._nt tlLRdct.
C01fI'IIUfArIOIC 01' A8S11SII1B1rL'
SBCTION 6. Th.t th. a........nt.. a. DO" f11.d 1n tb.
lIft91n..I:'. "-.port", and ~U1 fo'" the iIapz'.......nte. top1:h.'" w1th
.pp....t.n.no.. .nd app..rt.nant worlt in oonn.ction tb.",aw1tl>,
1no1udln; .cqu1e1Uon ..Ilu. .popd.t., u. hell:8blr ccnf1l1:Md.
TIle .........lIt. OOIIt&1l1ed. 111 the f1lla1 BI\91n..I:'.
"aepol:1:;' ."'. ll.1:8bl/' 1.v1ed. and approveci .. fo11owe.
A. TIl. f1nal ....._t. to ~_t the coat.
ancI .xpen.e. to Unanca th. pubUc _It. Of iIapz'_ent:, .. ..."bo-
r1c.d fo'" 1:;be.. pcoaeeding..
II. Th. annual .....-* to pay for adJ\\1n1et.ratbe
co.t. ln an EIOUllt not: to uoeed the maxl.mwn .nD...l ......_t a.
nt: fortll ln .aleS "Report".
The conf11:11l11d annual .dJ\\1n1.tI:.ti~ _.....nt may
be collected. in the ._ UnD.r and l.n the ._ l.net..l~nt:. a. the
confirmed ......_t. for the f.oiU"I.... and may be CClIlIbined. wl.th
tho.. ......ment. fa'" aolleot:ion .. conveDl.ent.
CORD1BTJT'IOlf
'IC'l.'IOIC 7. That 1:;h. apopdation of tll. mollte. .. eat forth
a. a oont.d~ution in the .ng~"". "Report" .. hell:ein F.'1tD'ted
rel.UDg to till. A....ament D18tS'l.ot le bel:eby .PFOvtIlS and autho-
..1.eel. sai.d oantl:lbutl.on 1. autbo",l.ed pu"'......t to Seot:10D 10205 Of
the "Kun1clpal Il\ori=o._nt ACt of 1913., be1ng D1vi.lon 12 Of th.
st:",eet;. and IIl.p.y. Cod. of the st:et.. Of Call.fOll:n1e.
A8SIlSIIHIlRT VlILlJATIOIC
SBC'l.'IOI9 8. That th1. leg1.1atbe bo4y hc'eby flncSIJ 811d clet.,..-
min.. th.t the tot.l IIIIIOUnt Of the pd.no1pal e_ of all unpe1d
.p"o1al ...__nt. PI:Qpoeed to ~ levied. .. _11 a. ...y outet:and-
l.ng .p"c1al .........nt.. \lQe. not exceed 1/a the total trua value ot
t:h. puc.l. p"'opoOe! to ~ .....ed uncIel: thee_ Proceed1ll11., anel
thi. fine!ino .bal1 b. fin.l and conc1u.iva.
'1'hi. le;1.1ativ8 body further flncl. that t:h.
project 1. feasible ane! that the land. to be .......d will be able
to oarl:y the bu.rd.n of the prc>pa.ed. _.....nt. and 1t i. --blr
furth.", detam1,,*, , if and a. .ppll.eabl., tha1:. 1:.he U.Illi1:.tion. of
the _nt:. of .........nt. FOVlded for in 111vI.a1on 4 of the 8treet:.
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05-22-92 11:29 AM FROM B D H
P05
anoS B.l.9hway. Cocle of 1011.. .bate of c.Uforn.l.. be 4.1..revuded llot.h
...1.1111. o:..peeb tie til.l U.IlIlbab.l.oft on bhe _._10 D.I..bdct. a. a
whol., an4 .. 100 bhe l.!.llllb.l:lon on .l.n4bldu.l epec1flc a...._nb.,
.. .pp1.l.cule.
nc:oJtl)A'r:totf 0' lIS8USJlBllT
OC'rIOlI t. 'th..b bhe C.l.lly Clerk .11...11 fgz:1;hwlth del1vwr 100 the
Supel' .l.nt.noSent of Street. l:Iw ...ld .......-, togwthe:z: ..Lth tile
dla;:.:_ attache4 tl18l'"O an4 lIl&4e . part theAof, .. ClQlIflJ:1lleCl. wlth
h.r cer1:1f10..t. of .uoh conflrmatlon att..che ancII the datil thenofl
and that .aid superintendent of stRet. .hall theD ~labely
rlooZ'CI ...l.d dla;:z:am and .....a-nt in hi. Office in a ...11:0l1 bOOk
to be kept for th.t puo:po.. and .ttach thlRtO 11.18 certif.l.cne of
the elate of .ueh :z:aco:z:din'il.
CIO'OII'n :lICOIIDBR HO'rIClB
OC'rIOlI 10. vpon QOl\Un.\Lon of tile ....._nt. and .:acoria-
tLon of bbe ....._t .:011 ad ti...., a ...n.l.f.l.ri COJI7 of bhe
......_nt d1agZ'am .11...11 ]a 1.mmeoU.at'ly f l.led ln the Off lc. of the
County "coria.:. ~l."ly IIh.nlt.:, . copy of t:h. not1e. of
......~nt .h..ll be Z'eGoX'ded in 1:be Offic. of the County Jleco:z:d.X' in
the lIIallller an<< fom ... ~ fo:t:h by 1." and IIp8c.l.f.l.e..Uy Sec:tlon
3118 of the It:z:eat. an<< H.l.ghw"y. Code of tll., .t..te of CallfoX'Di..
MtT.1Ift lfO'tICB
nCl'rIOlI 11. That upon reeoZ'da't1on of the dlagr_ .nd .......-
IllIlnt, . 1I0tice .ball be 1lI&l.l1lCS to ..ch _I' of real pZ'Op8rtJ' withln
the ,....._lIt DUtrlct .t hi. lest: lcnOwn addZ'..., ... ..14 .4dn..
appee. 011 the l...t equ.l.1.sri 1:u l'OJ.l. of the Coullt)'. ..14 not.l.e.
to Bet forth . .tat_t eont..i.lling . 4ee191l&t1011 of the p!:Op8RY
a....IMId, a. _11 .. the _1: of t!l8 fin.l eOllf.l.ftlId .....-..t,
.n4 funbw .l.n4ie.UIl9 that boft4. ,,111 be .l.e....oS ~.nt to the
.IlltpZ'......nt Iollc!. Act of 1915'.
'lIBLIOAftOll
19BC'lIOlI 12. '1'hab notl... 'hall ..leo be given by publ1eation .l.n
~h. dee.l.9n..loed levaJ. n....pape:, HLd notlce eetlolng torth the UlOun1o
of bhe Un.l ....._nlo .nd in<<i.c.tlng lobalo .a.l.d ....._t 11 now
du. ..nd payabl., an<< furth.r lnd.l.c.tLng that: it aaLd a..._nt b
not paid wLthin 1011.. .Uowed t.111ny (30) d..y calli. 0011.ot1on periOd.
bond. ,ball be .I...ullCS .. ..uloho:z:ind by law.
MO pubUe.tLon" .hall be :z:.quued 1.f .11 (100") of
the .......d property own.X" baft t.J.a\ely fUed a pX'operlll' .xecut.ed
walvaZ' of tile o..h ClOll~ioll peri04.
AIlID8SJIDT COLLlW'l'IOM
nCTIOK 13. The county I.udlloor h llenbY .uthorbed and
dir.cted, in accordance with tbe po:ovLll.onl of Section 86S2 of the
/3E-i
05-22-92 11:29 AM FROM B D H
P06
Stl:eet. .Ild IU.ghwar' code of the h.t. of caUfoJ:nu, 1:0 entn ln1:o
hl. .......-m: ':011 on wIIi.oh pl'opefty tax.. ,,111 Ilez1: b. J.... clue,
oppod\;. ..Clh lClt 01: pucel of lalld .ff~ed, U . 'paCl8 IllU'IWd
'p...b11Cl l.mpJ:Ov_t .....-t:. 01: by Cltbel: .ultabl. d..ignatlOft,
the next a"d .."..,.1 l"etalllDellt. of ....oh ....._10 cOlllLnll cl....
dUI:1ng the ,,,'u1llll U.o.l 1'8.... o~ lit the ....._t 1:011 aod
th.t ..ld entry then 8haU be made e.oh 1'..... dIIdllg the Ufe of lobe
bond, to.: the p.:oo..,Unv' tOI: the abo"e-.:ef.':.llCled a...._nt
Dl.tl:lot. Thl. .uthol:b.tlon 18 oontl.....1 un\;11 .U .....uent
obl111at1on. have been cU'ClhaJ:ged aod ~. bolld. t8l:lll1llated.
.. an &1tez:Il&U, and when det8Elll1ned to be ln tile
b..t: lnt:.....t:. fo.. bond1lO1I1iI.., of t:... ......_nt Dl.tr1ct:, th1e
1.",1.1.t:1v. bodV maV, by ",olutlon, d..lgn.t:. an ofnol.l other
than t:b. COUnty !fax Coll.c1:ol: and/or otbe.. 898nt, to ool1ect: aod
lIIa:l.nt;.ln I:.c:oo:cl. of tbe oolleotlon of the ......l88ilt. r 1IIo1ud12>g ·
prooeduJ:e oth..: than th. noJ:lll&l FOP*J:ty Ux ClOUeot1on prOC.duJ:..
810'l'%01l 14. In aClClOz:4.llCl. w1th the ,~ie101\lJ of liIeot10ll 80S
of the 8tI:Ht. ad H1ghway' eo4e, U .ny lC1t 01: p.......l of land.
.tfeQ1;ed by .ny ....._1'110 1. l'IOt ___l:at.1:r ......ed on the tax
.:oU 10 thet the 1n.t.l1m8nt of the ....._nt to be coU...tecl can
be ""n"elll.nt1y entu.cl ther.on, th.n th. Audltor .hall .nt'l: on the
':011 . cSee..dptlon of the lot: 01: paJ:G8l affeoted, wlth tile 11_ of
the OWIl.n, U lmOWn, but otben1e. tile own..:. may be de...:dbed ..
'unknown owneJ:,., .nd extend the propel: J.n,t.UIWIlt OPPOIl.te the
,II1II8.
A8IIlISBDIlT VlRUlCATIOB STA'tIImNT
SBCTIOII 15. The COUnty AudltOl: .haU, wlthlll 90 daV' after any
speciel .....1IIll8n1: In_t.l~t bICl_' lJeUnqu.nt, nnlJeJ: .Ild .lIbm1t
. detal1ed repeJ:t _bowlng the ..ounte of the 12>et.llment:e, lnte~,
penalti.e aod p8J:C.ntage. '0 ClollRtecl, fo.. the pr8Cledl.ft", te:ran and.
1n.t.lllll.nt elat., anel f_ wh.t pl'opeJ:ty ..ollect:ecl, and. furthw
LelentUy .ny pl'opert1" wh1Clh Il:e lJellllquent .nd. the _nt and
1.ll\lth of t1me fOIl .aW lJel1nqllenl:!Y, and furthel: let fOJ:th a etat...
I'IlltIlt of pal:c.ntaga. ..et.lnecl ~ the ~... of III&klng &UClh COll8Cl-
tlonl. ThL. nq\le.t 1.1 'p8ClU1ClIU:r 1II&cl. to lohe autho..1eat10n of
s...t10n 8683 of the Streeta and B1Vbway. Coda of lobe state of
Callforn1a.
A8S888K11l'1' DISTRICT I'URDS
SICTIOII 16. '1'hat the Tftaallrer 18 b.reby .uthOJ:llIed at 101\1.
t1me, 1f nClt pnrvloul1:r don., tCl ..tabUsh tbe fOllowlng f1l1'lde ..
n__....y fOl: the payment of coete and. .xpen... and acl1ll1nl.etration
of the p..ClClll8dll19' fOI: t:h1_ ....__\ Dl't&'lct.
A. luaovBKllll'1' raM' All mon1.. rae.lvad frCllll
ca.h collectlon, pl'0G8ede fl:OII\ th. la18 of bond. and applio.ble
oont..1IIu1:1on. IblLl1 IlII pl......d l.nt:o thtl IlllP"ov_nt. Fund.
/:JE">
05-22-92 11:29 AM FROM B D H
P07
.. UURVII ruJID. All 1IlOD1.. a. ....lgna~..s ~o
a..1.~ 1n the payment of d811Dq\l.nc1.. .hall b. placed Lnloo the
~ 7wId.
C. DDmIP'1'IllII JUIID. All mod.. _heel Ir"", the
payment of ......~. .b.n be placed 1ft 1:Jl. bd"lon 7wId.
ror p.rlo1.';lIahr. .. ~o the .dmln1.t.r.t10n .nd
hancU1n9 of th. J'lmd., t!Ie .pecLf.l.c t..nIa and oond1t1on. ab.n be
..t forth 1n the IomS Indtnlt1lZ'8 and a~<l thrlN9h the b.oL1It1cm
A1Ithori8109 the Ieegang. of lomIe.
BIB CXlIIPLtAlCC8 WI!rII ClI:Clll
IIC'11011 17. A8 to the b...1IIIl8Ilt Di.ui.Clt., the cuy COunall
h.. ,..."L....d and aoneid.r.d nIB 110. 89-01, ~h. envLrOlllllltn~al
Lmpact:e of the projec:1: thel:ein Lclentified, the propo...s mitigation
m...ur.. gont.Ln.d ~1l.r.Ln .nd lob. Clud1d.t. f1ndl.ftQ8 attached
h.lI.to .. lIlxh1bit "A". 'l'hie l.,i.l&ti_ body b.. found, by the
.doptLon of the C.rtl.fyl.ng ...01llt10n th.t nu MO. 8li1-01 ....
pllepuo.d in aooordano. wl.1:h tba nlqUb'_nt. of CJ:OI. and gul.c1.Un..
Lawfully prOlllUL;ate4 lob._du.
CBQA rIItDIlf1Hl A1CD I'.l'ADIIIM' 01' O\IBSlBIDtlfQ C01IIIDDA'1IOII
8IICTIOII 18. A. AcI0P1:10n of J'l.ndinaa. '.l'he C1ty C01IncU doe.
h.reby apprOvtl, .cc.pt: .. its own, iricorpor.~ .. if .at fOZ'~h in
hl1 her.ln, and IllaIce neb and every on. of ~be aand14ate findLftQ8
.ttilChed hereto a. IIxh1l>1t "A".
8. c.rtain Mitla.tion ....ur.. r...ibl. .nd
AcSoDted. b mon fully ident.Lfied. alld set. forth 10 Bxh.U>it: "A"
.ttaClh.d h-.., thi. L89181ati". body henby f1nd8, pulleuan1: to
Publ10 ...ou,...,.. COd. sect.ion 21081 and section 15091 of the CIlQA
G1IldeL1n.., that the IILt.1gation ..aaun_ ....cr1bed Ln ~he nu an
f...1I>1. .nd, upon acSopt:.Lon Of thi. ...0111tion, "ill ba..... blncS41l9
1Ipon,tb. Ci~y and ~ other "..pon.1I>L. putL...
C. IlIfe..1I>1111:y of Alt......tl""'.. A8.. fort.h 11'1
IIxh1blt "A" attaohad hel:8to, thi. Legi.L.t.l". body beRby find. that
U I.. IInn.g....1IY t.o d8t8Z'llline that any of tb. p"opoud projee1:
alumatl"._ Ht forth ln tba nIR can f...Lbl.y and 8ub.1;aa.tiaLly
l....n 0" .vold tha ~en~I..Uy ei9ll.l.Ucan1; .dver.. .DVi"o.....nt..l
l.mpact.e el.nce all got.ent1aUy algn.iUg.nt. ad".n. envirolllll8ntal.
impact. were eUminat.ed or lD.I.t.l0at.ed bel.ow . l_L of 81gnl.t.l.Clance
by virtue Of tbe mitigation _.aure. ~it.b tmpoeed. 1'l01;wlt.batamS-
Lnll 1;h. foreIJ011l9. thi. L89ia1ativ. body '11d revl._ the alt.ern.tJ."8.
to tb. I'"o:lect. 1no1udLn9 1;be Ifo P"ojllCt Alt8I1nativ., and rejeCl10s
.dd .11;.rll.ti.... for the reHOII. aet forth in kh1b1t "A" a~t.chltd
hereto.
D. AdoDtioft of H1.~iaaUon and KOnito"inQ' P=am.
As required by Pub110 ..e_ee C!I:ld4I I8ot:lon 21081.6, t.hl.. 189i81a.
101,,1. body 1I.".by .dopU t.1l. M1t19.t1on KonUor1D9 .n4 a.portill9
j3E..~
05-22-92 11:29 AM FROM B 0 H
P08
program (-'rogram") inoo~al:..s in bhlJ:>lt "A" .tt.chad hereto.
'1'h.1.8 l-vida1:1"e body heA1ly find. 1:b. P=vr.... i, de'igned t:o en.un
that, during 'rlllje"1: 1alpl_t<<Uon, the C1ty ,a .ppl1.ClUl", and. any
other AapollalJ:>le partiea, 1alpl_n" t:he project; (aa defined in t.he
Cert:Uying a"olution) "lXIlpollen"a and <::clIIIPly with the fe..lJ:>le
mUIl,Uon meuuz;ee 1dentifl.e4 111 Sxh1b11: "~" lIeretQ.
B. statement of 0,,8rri4ino con.iderat:ione
unneoa..ary. Att.er the adopt.lon of all f.,.ibl. mit:!lJation
lIIea.u....., cartain siVniti".nt or potentially 8ignifl.oant. ad_..
en"il:ODlD8nt.al eUeat.. whioh III1gh1: ot:lwrwbe be ca..s" by t.he Project.
"Ul I:Ht mit.igate<< below a level of _19nifio&JlCl.. '!!he"af=-, t.M.
leg1s1at.1'" body h.".b" fWe that. 11: i_ u~aa"lr l:O 1._-,
pllreuant "0 .eal:ion 15013 of the ClIQll O..1deu'n.s, a st.._nt. of
ovw...lding "o...i.U1'atio... u.ntUy1.ng ~he apeo1fLo ._io, 8001al,
and other ooo81del:at10ns that rendc UDaYOidabl. 8ignificant adVIR"
en"ironm.nt.al .Uecots acceptable. lIot:"i"ll.tandill9 t.he fOAg01ng,
this Cit." councU dotte adopt the It:ataent Clf OVerriding coll_idera-
tiona cont:ain.d 11\ khlJ:>1t "A" hereto.
lIO'1'lca OF DB'1'IllIIIIIA'1'I011
SBOTI011 19. The City Ilanager, or h.1.8 cln1gMe, ill hereby
direot;ad, af"er p...age alld adopt1on of th.1.8 _ol..l:1on, to deU.ve"
a 1I01:1ee of Determination.. to "lie project, t09t11:her w1th a copy 01
t.hi. ReaCll.."ion, its Bxh1blt aD4 all .....olutlO118 pee,ed by ue cU.y
cou....ll in conn..."ion with thls Projecot, ,,It:h t:h. count:y Cl.rk of
the county of San Di.go aD4, in acoordanca with Publia Resourc.s
Code Seation 21152, t.o "au.. sueh not:iCle t.o be posted in t.he COUnt:)'
Clerk'S ofHa.. '1'IIa Cit.y llanager ehall aecompl1eh all of t.he above
Dot.ie. J:equhelllent.. wit.hln U"e (5) workin9 day. fOllow11l9 t.he
pa..ag. and adoption h..,.ol.
RBCOlID OF .............,1II0S
8lIC71011 20. The City Cl.rk sball certify t.o "he pas-V- and
adoption of tbls _lubioD/ shall calis' tb. s_ t.o be _10'1'.4 in
t.he book of 01:191.nal AsollltJ._ of t.he c:lt:Y1 shall make a aWIut.e of
the p...a9' Md adopt;ion 1oh_f 111 10he r",ol'd. of t.1le pa:olln4Lng.
of "hia lellialathe body in the lIl1nut.e. of tile meet:Lnll et: which t.Ile
s__ .1.8 passed and acSopted.
pre.anted by
Appl'""ad a. to rom by
lRee H. BOogU1'd
Clt.y Attom.y
John ,. I.ippit.t
Public Wo...k. 1)1...eot.01'
/J.E-7
05-22-92 11:29 AM FROM B D H
P09
PASSBD, Id'PROI7IID, &D4 lIDCll'bu
of Chul. vl.eta, C.1Uoml., t.hl.a .
un, by tile followl.ng vote.
by t:be City CouDcl.l of tile Cl.ty
day of
AUIlI CcNncl.1mwmben.
1<<118 I councUmlllllbtu:..
USBft. O:IWIcillllelllbU..
U8~AIlh Co\mCl.lmeInbere.
~l.m Nader, Kayolt
A~S'1'.
llttVerly A. Authelet:, Cl.ty Clerk
STAR OP CALII'OIlKIA I
COUIl'l'Y 01 UN DIlIGO I aa.
CI'l'Y OJ' CIIUt.A VIS'1''' I
I, .eveitly A. Aul:helet, CI.1:y Clerk of the Cl.t1' of Chula V1.u,
Oa11forn1a, do halteby oert:1fy tbat the f0&'8901119 ..eolut:i.on Ro.
w.. duly pa.aed, aProved, and adopted by the Cl.t1' Clounc:l.l
held on the day of , lell2.
hecuted. tlll.a _ day of
, U92.
!leverly A. Autllelet, c1I:y Cled:
J3E-~
...4i
BEFORE THE CITY COUNCIL OF THE
CITY OF CHULA VISTA
EXHIBIT
A
RE: PROPOSED OTAY VALLEY ROAD WIDENING PROJECT
FINDINGS OF FACT
I. DESCRIPTION OF PROJECT
Otay Valley Road is proposed by the City to be widened from Interstate Highway 805
(I-80S) to the eastern City boundary. This portion of Otay Valley Road is approximately
8,800 feet in length and crosses lands within the City of Chula Vista's Otay Valley Road
Redevelopment Project Area. Otay Valley Road is presently two lanes for most of its
length, and increases in width to three and four lanes west of Brandywine Avenue and
Oleander Avenue, respectively. The proposed project is to widen Otay valley Road to
a six-lane prime arterial within a 128 foot right-of-way. The roadway will have a design
speed of 55 miles per hour. Project elements include a 16-foot landscaped median, six
12-foot driving lanes, two 8-foot emergency parking lanes, and 12 feet behind each
shoulder curb for sidewalks, landscaping and utilities. The proposed widening is
consistent with the City's General Plan and Otay Valley Road Redevelopment Plan.
The proposed widening will occur in two phases. Otay Valley Road widening from I-80S
to Nirvana Avenue will occur during Phase I, and is anticipated to begin in 1992. Phase
II will include the remainder of the road east of Nirvana, and is anticipated to be
constructed within five years of Phase I completion. Financing for the proposed project
will be funded by the formation of an Assessment District. Thus, approval of the
Assessment District is the fmancial method to implement the proposed project.
II. ADMINISTRATIVE RECORD
For purposes of CEQA and the findings set forth below, the administrative record of the
City Council decision on this project shall consist of the following:
1. The Draft and Final EIR for the project;
2.
All reports, memoranda, maps, letters and other planning documents prepared by
the environmental consultant and the City, that are not privileged under the Public
Records Act or any other relevant statutes;
"..,
3. All documents submitted by members of the public, and public agencies in
connection with the proposed project;
4. Minutes and verbatim transcripts of all workshops, public meetings and public
hearings held by the City and Redevelopment Agency;
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5. Any documentary or other evidence submitted at workshops, public meetings and
public hearings; and
6. Matter of common knowledge to the City, which it considers, including but not
limited to, the following:
a. Chula Vista General Plan - 2010
b. Chula Vista Zoning Ordinance
c. Chula Vista Otay Valley Road Redevelopment Plan
d. Chula Vista Otay Valley Road Redevelopment Project Area Implemen-
tation P1anIDesign Manual Addendum
e. Chula Vista Threshold/Standards Policy
f. Otay River Valley Redevelopment Area Sensitive Biological Resources
and Wetlands Delineation (1987).
Ill. TERMINOLOGY/THE PURPOSE OF FINDINGS UNDER CEQA
Section 15091 of the CEQA Guidelines requires that, for each significant environmental
effect identified in an ElR for a proposed project, the approving agency must issue a
written finding reaching one or more of the three allowable conclusions. The first is that
"[c]hanges or alterations have been required in, or incorporated into, the project which
avoid or substantially ~ the significant environmental effect as identified in the final
ElR." (Emphasis added.) The second potential finding is that "[s]uch changes or
alterations are within the responsibility and jurisdiction of another public agency and not
the agency making the finding. Such changes have been adopted by such other agency
or can and should be adopted by such other agency." The third permissible conclusion
is that [s ]pecific economic, social or other considerations make infeasible the mitigation
measures or project alternative identified in the final ElR.
As regards the first of the three potential findings, the CEQA Guidelines do not define
the difference between "avoiding" a significant environmental effect and merely
"substantially lessening" such an effect. The meaning of these terms therefore must be
gleaned from other contexts in which they are used. Public Resources code section
21081, on which CEQA Guidelines section 15091 is based, uses the term "mitigate"
rather than "substantially lessen." The CEQA Guidelines therefore equate "mitigating"
with "substantially lessening." Such an understanding of the statutory term is consistent
with Public Resources Code section 21001, which declares the Legislature's policy
disfavoring the approval of projects with significant environmental effects where there
are feasible mitigation measures or alternatives that could "avoid or substantially lessen"
such significant effects.
For purposes of these findings, the term "avoid" will refer to the ability of one or more
mitigation measures to reduce an otherwise significant effect to a less-than-sipificant
level. In contrast, the term "substantially lessen" will refer to the ability of such measure
or measures to substantially reduce the severity of a significant effect, but not to reduce
effect to a level of insignificance. Although CEQA Guidelines section 15019 requires
only that approving agencies specify that a particular significant effect is "avoid[ ed] QI
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substantially lessen[ed], " these findings, for purposes of clarity, in each case will specify
whether the effect in question has been fully avoided (and thus reduced to a level of
insignificance) or has simply been substantially lessened (and thus remains significant).
Moreover, although Section 15091, read literally, does not require findings to address
environmental effects that an EIR identifies as merely "potentially significant," these
findings will nevertheless fully account for all such effects identified in the Final EIR.
IV. LEGAL EFFECT OF FINDINGS
To the extent that these findings conclude that various proposed mitigation measures
outlined in the Final EIR are feasible and have not been modified, superseded or
withdrawn, the City of Chula Vista (City) hereby binds itself and any other responsible
parties to implement those measures. These findings, in other words, are not merely
informational or hortatory, but constitute a binding set of obligations that will come into
effect when the City adopts a resolution approving the project.
V. MITIGATION MONITORING PROGRAM
As required by the Public Resources Code section 21081.6, the City Council of the City
of Chula Vista, in adopting these findings, also adopts a mitigation monitoring and
reporting program. The program is designed to ensure that, during project
implementation, the City and other responsible parties comply with the feasible mitigation
measures. That program is described in the document entitled, Otay Valley Road
Widening Project Mitigation Monitoring and Reporting Program.
VI. POTENTIAlLY SIGN1FICANT EFFECTS AND MITIGATION MEASURES
The Final EIR identified a number of potentially significant environmental effects (or
"impacts") that the Otay Valley Road widening would cause, all of which could be
avoided through the adoption of feasible mitigation measures. These impacts are restated
below, followed by page numbers in the Final EIR where the impacts are discussed.
A. Geologic and soils impacts could occur from development of the roadway on the
unstable river wash, stream sediments and clay loams found in the area (FEIR,
p. 3-7).
B.
The project will result in the loss of 1.2 acres of Diegan Sage Scrub, 2.6 acres
of TamarisklMulefat Scrubland, 0.2 acre of Willow Riparian Woodland, and 0.2
acre of Freshwater Marsh. Construction activities would impact 1.1 acres of
Tamarisk/Mulefat Scrubland and 0.2 acre Diegan Sage Scrub (FEIR, p. 3-26 to
3-27).
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C. The road widening would conflict with the existing administration, workroom and
parking facilities of the City of Chula Vista Animal Shelter (FEIR, p. 3-38).
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D. The proposed project will accommodate traffic volumes that are expected to occur
along the widened roadway due to long term development and population growth
in the region. Congestion at roadway intersections is expected, including
Oleander Avenue, Brandywine Avenue, Nirvana Avenue, Maxwell Road, and at
both the northbound and southbound on-ramps to 1-805 (FEIR, p. 3-48 to 3-53).
E. Traffic congestion and hazards could result at the intersection of Otay Valley
Road and the Nelson & Sloan Rock Plant until the full widening of Otay Valley
Road occurs and the intersection with Paseo Ranchero is constructed (FBIR
p. 3-52 to 3-53).
F. Paleontological resources may occur in the project area and could be impacted by
roadway development (FEIR, p.3-64).
G. Increases in noise levels from increased traffic along the roadway are projected
to exceed City guidelines for noise exposure (FEIR, p. 3-79 to 3-80).
The sub-sections below restate the above-identified impacts and set forth the mitigation
measures adopted to avoid the impacts.
A. GEOLOGY/SOILS
Potentially Significant Effect: Geologic and soils impacts could occur from
development of the roadway on the unstable river wash, stream sediments and
clay loams found in the area (FEIR, p. 3-7).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-8 to 3-9).
1. Unstable geology/soils materials will be removed or stabilized before
roadway construction begins. Surficial layers of organic soils, debris and
soft or loose deposits will be stripped from areas where fill will be placed.
2.
Compressive soils will be removed and replaced with properly compacted
fill. Expansive soils will be buried deep in fills and not within the
roadway section.
3. All slopes will be constructed at a minimum slope of 2.0 horizontal feet
to 1.0 vertical feet. Temporary chain link debris fences, with meshes of
1 to 1-1/2 inch square, will be installed with a geofabric material along
the bottom 18-24 inches of the fence to control silting in sensitive wetland
areas which could result from sediments in runoff.
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B. BIOLOGY
Potentially Significant Effect: The project will result in the loss of 1.2 acres of
Diegan Sage Scrub, 2.6 acres of Tamarisk/Mulefat Scrubland, 0.2 acre of Willow
Riparian Woodland, and 0.2 acre of Freshwater Marsh. Construction activities
would impact 1.1 acres of Tamarisk/Mulefat Scrubland and 0.2 acre Diegan Sage
Scrub (FEIR, p. 3-26 to 3-27).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these [mdings (FEIR, p. 3-28).
1. Losses of wetland habitats will include Tamarisk/Mulefat Scrubland,
Willow Riparian Woodland, and Freshwater Marsh totalling 3.0 acres,
and will be mitigated by the creation of new wetland areas within the river
valley. Any such mitigation will include extensive revegetation with
willow woodland and the use of San Diego marsh-e1der to maximize value
to wildlife and mitigate for the loss to this sensitive plant species.
Mitigation will be at a 2: 1 acreage replacement ratio for wetlands lost.
2. The roadsides adjacent to native vegetation communities east of Nirvana
Avenue will be designed in a manner that would preclude the potential for
vehicle access or illegal dumping into the river bottom or onto the slopes.
Incorporation of guard rails or fences would be appropriate. Use of
thorny vegetation may also be used in conjunction with temporary fences.
3. The roadway slopes will be revegetated with native plant materials
indigenous to the area or which complement the existing native
communities, such as sage scrub or sycamore woodland species.
4.
Where construction activities are to occur in or adjacent to native
vegetational communities, work will be restricted to the delineated project
footprint by the placement of temporary construction fences or flagging
along both sides of the street. This measure is incorporated in the project
description.
5. If work site brushing occurs between April 1 and September 15, the
project site will be carefully examined by a qualified biologist prior to
clearing. Should the site be found to support nesting birds including Least
Bell's Vireo, Willow Flycatcher, or Yellow-breasted Chat, work within
300 feet of the nest site will be delayed until nesting has been completed.
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6. Following construction, the 20-foot wide construction corridor will be
recontoured to natural or lower levels and revegetated with native
vegetation favoring Willow and Mulefat Riparian Scrub with minor
elements of Diegan Sage Scrub.
These measures are consistent with the requirements and conditions of the u.S.
Army Corps of Engineers 404 permit for this project, which are hereby
incorporated by reference, and attached as Attachment "A".
C. LAND USE
Potentially Significant Effect: The road widening would conflict with the existing
administration, workroom and parking facilities of the City of Chula Vista Animal
Shelter (FEIR, p. 3-38).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-39).
1. Impacts to the City's Animal Shelter will be mitigated through the
redesign of the site and relocation of parking, workroom and
administration facilities to the southern part of the property.
D. TRAFFIC
Potentially Significant Effect: The proposed project will accommodate increased
volumes which are expected to occur along the widened roadway due to long term
development and population growth in the region. Congestion at roadway
intersections is expected, including Oleander Avenue, Brandywine Avenue,
Nirvana Avenue, Maxwell Road, and at both the northbound and southbound
on-ramps to 1-805 (FEIR, p. 3-48 to 3-53).
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Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
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Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-53 to 3-54).
1. Signals will be installed as the City Engineer determines is appropriate in
order to meet the City's Traffic Threshold Standard.
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2. Maxwell Road will be restriped to provide a southbound left turn-lane at
its intersection with Otay Valley Road.
3. As required in the Mitigation Monitoring Program, traffic conditions will
be monitored by the City's Traffic Engineer to implement improvements
at the appropriate time.
Potentially Significant Effect: Traffic congestion and hazards could result at the
intersection of Otay Valley Road and the Nelson & Sloan Rock Plant until the full
widening of Otay Valley Road occurs and the intersection with Paseo Ranchero
is constructed (FElR p. 3-52 to 3-53).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final ElR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FElR, p. 3-54).
1. As an interim measure, roadway improvements at this intersection shall
be completed as part of Phase I.
E. PALEONTOLOGY
Potentially Significant Effect: Paleontological resources may occur in the project
area and could be impacted by roadway development (FElR, p.3-64).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final ElR.
Mitigation Measure: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FElR, p. 3-65).
1.
A qualified paleontologist will be at the pre-grade meeting to consult with
the grading and excavation contractors.
2.
A paleontology monitor will be on site at all times during the cutting of
previously undisturbed sediments through and immediately adjacent to the
Mission Valley formation to inspect cuts for contained fossils. In the
event that well-preserved fossils are discovered, the paleontological
monitor will be allowed to temporarily direct, divert or halt grading to
allow recovery of fossil remains in a timely fashion. Any fossil remains
collected will be cataloged and deposited (with landowner's permission)
at the San Diego Natural History Museum.
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F. NOISE
Potentially Significant Effect: Increases in noise levels from increased traffic
along the roadway (stated to occur with or without the project) are projected to
exceed City guidelines for noise exposure (FEIR, p. 3-79 to 3-80).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measure: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-81).
1. A perimeter masonry wall, six feet high, will be installed at the back lot
line of some residences backing up to Otay Valley Road. The wall will
be at the top of the slope, to utilize slope height to increase the line of
sight break between traffic and rear yard receiver locations. (It should be
noted that a large percentage of the noise at the west end of the project
area comes from 1-805.)
G. CUMULATIVE EFFECTS
The Cumulative Impacts analysis was based on the list of proposed and planned
projects in the area, shown on Table 2.4-1 in the FEIR, and also on the
Cumulative Impacts analysis contained in the General Plan Update FEIR (since
the project is shown in the General Plan). In summary, cumulative impacts
would occur in the issue areas of flooding downstream, biological resources,
agricultural lands, traffic circulation, and noise. With the exception of
agricultura1lands, the project's contribution to cumulative impacts have been
mitigated to a level below significance either through project mitigation measures,
or through adherence to standard City engineering and building requirements.
Regarding agricultural lands, the FEIR states that the project area is not primarily
agriculturally oriented, with prevailing uses being residential and light industrial,
and that loss of this acreage (3.9 acres) to the roadway does not create a project
significant impact.
VIl.
INFEASffiILITY OF ALTERNATIVES
ALTERNATIVE
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The proposed project will not result in significant adverse impacts if all recommended mitigation
measures are implemented. Because the project's impacts have been mitigated below a level of
significance an analysis of the alternatives is not technically required. However, the
decisionmakers, after reviewing the EIR and in approving the project specifically reject the No
Project Alternative and the other alternatives for the following reasons:
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No PrQject Alternative
The No Project Alternative consists of no action taken by the City of Chula Vista to construct
or implement the proposed project or either of the project alternatives. This alternative would
discourage future infill industrial growth along Otay Valley Road and inhibit economic growth
in the Otay Valley Road Redevelopment Area. This is contrary to the goals of the Chula Vista
Redevelopment Agency as set forth in the Otay Valley Road Redevelopment Plan. The plan
specifically calls for the correction of problems relative to circulation, infrastructure, and public
utility inadequacies. The No Action Alternative would also be inconsistent with the City of
Chula Vista's Draft General Plan Circulation Element roadway designation for Otay Valley
Road, which calls for a six lane prime arterial and major street standards for Otay Valley Road.
In addition, if this alternative is selected, the lack of capacity and low level of service on Otay
Valley Road could constrain future developments north, south, and east of the project. Future
development proposals that would contribute traffic to Otay Valley Road, or require the
extension of utility services along the roadway, would be affected most.
Locational Alternative 1
Locational Alternative 1 is the same as the project with the exception that the six lane roadway
would be reduced to a four lane roadway east of Nirvana. The right-of-way would thus be
decreased from 128 feet to either 100 feet or 84 feet (depending on design). The environmental
consequences of constructing Locational Alternative 1 would be identical or very similar to the
proposed project with respect to geology and soils, landform, land use, agriculture, aesthetics,
cultural and paleontological resources, and park, recreation and open space. The differences in
environmental impacts between Locational Alternative 1 and the proposed project are primarily
to biological resources and to traffic conditions.
BiolOl~Y
<<;,
This alternative reduces the right-of-way from 128 feet to 100 feet east of Nirvana
Avenue while retaining the same general road alignment as the proposed project.
Impacts of this alternative would generally parallel those of the proposed project with
only a slight reduction in magnitude. Loss of wetlands would total approximately 1.23
acres with proportionally fewer San Diego Marsh-Elder impacted.
Loss of habitat for riparian bird species would still be considered significant. Reducing
the right-of-way to 84 feet would lower the wetland impacts to 0.60 acre, still resulting
in significant adverse wetlands impacts. Under either the proposed project or the reduced
widths of the Locational Alternative 1, wetland impacts and impacts to the sensitive San
Diego Marsh-Elder are considered significant but mitigable through creation of replace-
ment wetland habitats including the heavy utilization of marsh elder in the plantings.
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Traffic
The City's recommended maximum traffic volume for a four lane major street is 30,000
VPD. The General Plan forecast volume at build-out is 26,000 VPD east of Nirvana
Avenue, thus the alternative of a four lane classification would seemingly be adequate.
Such a classification would require an amendment of the General Plan Circulation
Element. However, the roadway was not designed to be four lanes in this location
because of traffic circulation considerations. This segment of roadway is located between
Paseo Ranchero, which is planned as a six lane facility, and the rest of Otay Valley Road
to the west, which also requires six lanes. The volumes of traffic entering the Otay
Valley RoadlPaseo Ranchero intersection are projected to be 76,000 ADT. Thus, the six
lane width along this segment of Otay Valley Road is necessary in order to provide
sufficient capacity entering and exiting the intersection. Also, a short four lane segment
of road between six lane roads on either side could create congestion and hazardous
conditions.
Locational Alternative 2
The environmental consequences of constructing Locational Alternative 2 would be the same as
the proposed project and Locational Alternative 1 with respect to land use, agriculture, and
parks, recreation and open space. Environmental impact differences between Locational
Alternative 2 and the proposed project are identified for traffic conditions, biological resources,
cultural resources, geology and soils, and landform and aesthetics, as well as traffic. Impacts
to transportation are the same for Locational Alternative 2 as described above for Locational
Alternative 1. Overall, impacts on the remaining natural, cultural, and scenic resources would
be greater from Locational Alternative 2 than from the proposed project.
Biolo~y
Under this alternative all direct adverse impacts to the wetland habitats would be
eliminated. Due to the extensive slope cutting required, however, an extensive loss of
quality Diegan Sage Scrub habitat and a wide array of sensitive plans and animals
occurring on these hillsides would be severely impacted by this proposed alternative.
The biological impacts of this loss would be significant.
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The only known large population of Greene's Ground Cherry would be lost. Such a loss
is considered unmitigable. Also eliminated would be the dense stands of Coast Cholla
and the Fishhook Cactus population. The latter occurs in densities seldom seen in San
Diego County; moreover, the average size of specimens far surpasses other known
substantial populations. Also heavily impacted would be the State-listed endangered Otay
Tarwee population, along with significant colonies of Coast Barrel Cactus and
Cleveland's Golden Stars.
One pair of California Gnatcatchers would probably be lost from the slopes under this
alternative. The Orange-throated Whiptail population would also be impacted. The
Diegan Sage Scrub slopes which would be impacted are considered excellent gnatcatcher
habitat.
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Cultural Resources
Locational Alternative 2 would impact all of the cultural resource sites that will be
affected by the proposed project, and would additionally impact another potentially
significant site. Thus, Locational Alternative 2 is less preferred for cultural resources
than the proposed project.
Geology and Soils
Locational Alternative 2 would require cutting into the steep hillsides located in the
northeastern section of the project area. Soil conditions in this area consist of terrace
escarpments and are' considered to be unstable due to the presence of cobble strata.
Consequently, greater maximum slope ratios could be required (e.g., 4:1) thereby
increasing even further the amount of land disturbed. In addition, retaining walls, with
a maximum height of 20 feet, would most likely be required as mitigation. In summary,
Locational Alternative 2 is less preferred than the proposed project with respect to
geotechnical and soils constraints.
Landform/Aesthetics
Locational Alternative 2 would also result in significant landform impacts. This
Alternative would result in major landform alteration due to the amount of cutting that
would be required to achieve 2: 1 or 4: 1 slope ratios. Cut slopes would be required north
of the roadway for approximately one-half mile in the northeastern part of the project
area. Maximum height of cut slopes would be approximately 65 feet. Landform
modifications in this area would have significantly adverse impacts on landscape
aesthetics since this Alternative would result in strong visual contrasts with the current
natural hillsides and vegetation cover. Consequently, Locational Alternative 2 is less
preferable than the proposed project with respect to landform and aesthetics.
-11-
J 3E'/1
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to CEQA Guidelines Section 15093, the Chula Vista City Council in approving the
Assessment District which implements the roadway which is the subject of the FEIR, having
considered the information contained in the FEIR, and having reviewed the public testimony and
record, makes the following Statement of Overriding Considerations in support of the Findings
and the action of the City Council approving the Assessment District.
All of the identified potentially significant project impacts have been mitigated to a level less
than significant, as set forth in the Findings. The project also contributes to cumulative impacts.
However, as set forth on page 8, these impacts were deemed to be less than significant. The
City Council finds and concludes that the public benefits of the roadway project would outweigh
any significant and/or cumulative impacts. The City Council has reviewed and considered all
of the alternatives described in the Final EIR. The project selected by the Council was chosen
for two major reasons:
. It is consistent with the General Plan.
. It accommodates projected buildout traffic.
The alternatives were rejected by the Council:
. No Proiect Alternative -- because of inconsistency with the General Plan, lack of
roadway capacity for projected traffic volumes, and low level of service that
would result.
. Locational Alternative No. I -- because of inconsistency with the General Plan,
lack of roadway capacity necessary to handle future volumes of traffic utilizing
the Otay Valley Road/Paseo Ranchero intersection, poor traffic design, and
because this alternative does not reduce any impacts to a level below significant.
. Locational Alternative No.2 -- because of equal or greater environmental impacts
associated with this slightly different alignment.
The decision makers find that the following factors support the approval- of the Assessment
District which implements the project, and therefore, sets forth and adopts the following
Statement of Overriding Considerations:
-4i
-"\, 1.
The roadway project is consistent with, and thus will fulfill attainment of the General
Plan designation as six lane prime arterial and major street, and the Redevelopment Plan
goal which' calls for the "development of a more efficient and effective circulation
corridor free from hazardous vehicular, pedestrian, and bicycle interfaces."
2.
As set forth in the findings, mitigation measures have been incorporated into the Project
or made binding on the applicant through the adoption of the Findings, which reduce
impacts below a level of significance.
-12-
/3E-:<.o
-Ii
3. Approval of the Assessment District which implements the Project will result in the
following benefits:
. Restoration of approximately 6 acres of wetland within the Otay River flood way
(twice the impacted amount).
. Construction of needed roadway improvements commensurate with General Plan
requirements to serve existing and anticipated development in the area.
. Construction job opportunities in an economy which is currently suffering from
such opportunities.
. Construction of the roadway will permit, support, and help promote the further
industrial development of the Otay Valley area which includes over 200 acres of
undeveloped land zoned for light industrial land use. This will provide numerous
job opportunities in construction, business, and industry.
. Construction of the roadway will improve the public safety and aesthetics in the
area. The current facility is inadequate to support current and anticipated
volumes of traffic, and for most of its length does not include curb, gutters, or
sidewalks, has poor road surface conditions, and is visually cluttered with
overhead utility lines.
'<i,
-13-
J;JE',)./
'OTAY VALLEY ROAD WIDENING PROJECT
MITIGATION MONITORING PROGRAM
Monitoring Pro~m Description and Puqx>se
Public Resources Code ~ 21081.6 requires a lead or responsible agency that approves a project
where an Environmental Impact Report (EIR) has identified significant environmental effects,
to adopt a "reporting or monitoring program for adopted or required changes to mitigate or
avoid significant environmental effects. "
The City of Chula Vista is the lead agency for the Otay Valley Road Widening Project. A Draft
and Final EIR was prepared for this project which addressed potential environmental impacts
and, where appropriate, recommended measures to reduce substantially or avoid the impacts.
A Mitigation Monitoring Program is required to ensure that the adopted measures are
implemented. The City of Chu1a Vista will adopt this Mitigation Monitoring Program (MMP)
after considering the Final EIR.
Roles and Resoonsibilities
The MMP for the proposed project will be in place through both phases of the project, including
final design, pre-grading, construction and operation. The City of Chula Vista has the primary
enforcement role for the implementation of mitigation measures. The City's Environmental
Review Coordinator (ERC) will provide final approval for the completion of the implementation
of measures. The ERC will appoint a Mitigation Compliance Coordinator (MCC) who will be
responsible for the actual monitoring of the implementation of measures. The MCC will
interface with the ERC, the City Engineer, the City Landscape Architect, the Construction
Supervisor, and the Biological Monitor, all who have some responsibility for the implementation
of measures.
Mitigation Monitoring Procedures
The MMP consists of Mitigation Monitoring Program Procedures, filing requirements, and
reporting and compliance verification. These procedures are outlined below.
..
Mitigation Monitoring Program Procedures: Table 1 identifies the procedures of the MMP. For
each mitigation measure, it states the monitoring activity, the timing of implementation of the
measure, and who is responsible for verifying that the measure has been implemented and for
"1,
final approval.
Mitigation Monitoring Program Files: Files shall be established to document and retain the
records of the MMP. The files shall be established, organized, and retained by the City of
Chula Vista Planning Department.
Reporting and Compliance Verification: The City's Mitigation Monitoring Report Forms are
designed to record the monitoring activity in a consistent manner with appropriate approvals.
-14-
/JE-.2~
...,.
The forms will be completed and signed by the individuals responsible for the monitoring and
approval of the measures. These forms will be placed in the MMP fIles.
Program Operations
The following steps shall be followed for implementation, monitoring, and verification of each
mitigation measure:
1. The City of Chula Vista, Environmental Review Coordinator (ERe), shall designate a
Mitigation Compliance Coordinator, who will be responsible for monitoring the
implementation of the mitigation measures.
2. The ERC shall provide to the MCC, the Mitigation Monitoring Report Forms; a copy
of Table 1; and other pertinent information.
3. The MCC shall coordinate the implementation of the mitigation measures and shall
complete a Form for each activity, and forward the report to the ERC for final approval.
4. All completed forms shall then be placed in the MMP fIles.
Mitigation measures shall be implemented as specified by the Mitigation Monitoring Program
Summary. During any project phase, unanticipated circumstances may arise requiring the
refinement or addition of mitigation measures. The ERC, with advise from staff, is responsible
for recommending changes to the mitigation measures, if needed. If mitigation measures are
refmed, the ERC would complete a Mitigation Monitoring Report Form documenting the
change, and shall notify the appropriate design, construction, or operations personnel about
refined requirements.
[C:IWP5110VROADIFINDINGS.TlIT]
...."~,
-15-
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,
ATTACHMENT "A"
RF(Fl\!l::"n MAR
6 1992
DEPARTMENT OF THE ARMY
LOS ANGELES DISTRICT. CORPS OF ENGINEERS
March 5, 1992
REPLY TU
A,TlfNT<ONOI
Office of the Chief
Regulatory Branch
city of Chula vista
c/o Pacific Southwest Biological Services
Attn: Keith Merkel
P.O. Box 985
National city, California 91951-0985
Gentlemen;
Reference is made to your request dated January 9, 1992 to
amend Permit No. 90-147-EW which authorized you to widen Otay
Valley Road from Interstate 805 to the eastern boundary of the
city of Chula Vista, San Diego County, California.
Under the provisions of 33 Code of Federal Regulation
325.6(d), the start date is to remain the same and the completion
date is extended from January 13, 1992 to January 13, 1993.
The terms and conditions of Permit No. 90-147-EW, except as
changed herein, remain in full force and effect.
Please note that a copy of this letter is being forwarded to
those agencies on the enclosed list.
Sincerely,
;::...---=--
John Winn
Acting Chief, Regulatory Branch
Enclosure
-It
.''i.,
J.3E- .30
~
copies Forwarded:
u.s. Environmental Protection Agency
ATTN: Clyde Morris,
Wetlands and Dredged Material section (W-7-2)
75 Hawthorne Street
San Francisco, California 94105
u.s. Fish and wildlife Service
ATTN: Nancy Gilbert,
24000 Avila Road
Laguna Niguel, California 92656
California Department of Fish and Game
ATTN: Environmental services Supervisor,
330 Golden Shore, suite 50
Long Beach, California 90802
~
13E-3/
MAR 31 '9c 11:4BAM PACIFIC SOUTHWEST BIOLOGICAL
P.2/B
DEPARTMENT OF THE ARMY
1.0S ANonn OlnflllCT. co,,'. Of fNGrN!:ER6
flEP\."'O
ATTENTION Dr
March 21, 1990
Office of the Chief
Regulatory Branch
City of Chula Vista
c/o Pacific Southwest Biological Services
Attention: Keith Merkel
P.O. Box 985
National City, CA 92050
File No. 90-147-RH
Gentlemen:
This is 1n reply to your application and/or letter dated February 12, 1990
for Department of the Army authorization to ~iden Otay Valley Road from
Interstate 805 to the eastern boundary of the City of Chula Vista. This will
result in impacts to 4.1 acres of existing wetlands in the Otay River on the
eastern edge of Chula Vista, San Diego Co.
Regu1a~ions for our permit program, PUbliShed in the Federal Register,
include Part 330 - Nationwide Permits (see the enclosure). The Corps of
Engineers has determined that your proposed activity is covered under the
nationwide permit for diSCharges of dredged or fIll material into non-tidal
rivers, streams and theIr lakes and impoundments. including adjacent wetlands,
that are located above the headwaters. which would cause the loss or
substantial adverse modification of between one and 10 acres of such waters,
and where the Division Envineer determines that an individual permit is not
required. (Section 330.5 (a)(26)(i)).
....,
As long as you comply with conditions on the attached sheet and the,
nationwide permit conditions (Section 330.5 (b)). an individual permit is not
required. This Nationwide Permit verification is valid until the nationwide
permit is modified. reissued. or revoked. All nationwide permits are
scheduled to be modified. reissued or revoked prior to January 13, 1992. It
is incumbent upon the permittee to remain informed of any changes to
Notionwide Permits. We will Issue a public notice announcing the changes when
they occur. Furthermore. if you commence or arB under contract to commence
this activity before the date the Nationwide Permit is modified or revoked.
you will have twelve months from the date of the modification or revocation to
complete the actiVity under the present terms and condItions of this
nationwide permit.
This letter does not convey any property rights, either 1n rea' estate or
material. or any exclusive privileges. Also. it does not authorize any injury
to property'or invasion of rights or any infringement of Federal, State. or
'ocal laws or regulations. nor does it obviate the requirement to obtain State
or local assent required by law for the activity.
-I!
/;IE... 3.2..
,.
-It
MAR 31 '92 11:49RM PACIFIC SOUTHWEST BIOLOGICAL
,.-
P.3/B
-2-
If you have any questions please call Liz Varnhagen. Regulatory Branch. at
(213) 894-5606 any workday. Please refer to the file' number 90~147-RH in any
future correspondences. .
~~D~
p.l>iR.. .
Richard Harlacher
Chief. Southern Section
'.
Enclosure
"'\,
13E ... .:3.J
.....
MAR 31 '92 11:49AM PACIFIC SOUTHWEST BIOLOGICAL
P.4/B
B~ECIAL CONDITIONS FOR PERMIT NOHBER 90-147-RH
1. The permittee shall implement in full all portions of the otay
Valley Road Widening Restoration Plan (pacific: Southwest Biological
services, dated February 8, 1990).
2. The permittee shall conduct fooused and repeated surveys for
least Bell's vireos prior to commencement of any oonstruction work
during the period 1 April through 15 September and that all
construotion activities shall be kept at a minimum distanoe of 300
feet rrom any active nests and at no time will the noise levels
from construction he allowed to exceed 60 dB(A) at any nest site.
3. The permittee shall submit annual reports in December,
documenting results of the monitoring and the prescribed remedial
maintenance to he preformed to the Corps of Engineers, U.s. Fish
and Wildlife Service, and the california Department of Fish and
Game for review, comment, and general information. A minimum o~
80 percent succassrul establishment of the planted riparian
vegetation shall be attained by the end or the first 12 month
period. Following that, the plantings shall be allowed to grcw to
create II. dense canopy, and thinned as needed to maintain dense,
healthy growth as outlined in the Milestones and Corrective
Maintenance section of the applicant's Restoration Plan. All this
shall be reflected in the rinal monitoring progress report. If
this success is not achieved, then the monitoring and maintenanoe
period will be extended further, after review and recommendations
are submitted to the applicant through the Corps from the resource
agencies.
4. The permittee shall provide to the Corps, FWS, CDFG, and EPA
copies of the executed easements over the. mitigation site upon
submittal ot the initial monitoring report as required by the
mitigation plen.
5. The mitigation site will be excavated and planted concurrent
or preceding the construction of roadway sections which will imp<:lct
existing wetlands.
6 . The permittee shall implement protective devices to
substantially preclude public vehicle access to the river.bottom
and roadside dumping into the wetlands of the Otay River from otay
valley Road.
--~"
7 . Roadway slopes and right-of-ways shall be replanted using
appropriate native vegetation including Rge scrub and riparian
ecotone elements as specified in the project landscape plans.
a. Prior to commencement of construction, a set of bonds shall be
posted by the permittee with the Corps in order to ensure the
complete implementation of all required mitiqation. These bonds
will be in the amount of $484,000. Portions of the bonds ~y be
released incrementally by the Corps and at the discretion of the
Corps following initial implementation, as described in the
m1ti9ati~n plen document.
);J.E .3f
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MAR 31 '92 11;50AM PACIFIC 50UTHWEST BIOLOGICAL
P.5/B
FAC'l' SKEET
~. co~y or Pre-Discharqe Notifioation
US ARMY coRPS ENGINEERS
LOS ANGELES DISTR!CT--SPLCO-R
DISTRICT
CONTACT:
R-t Ci:J a a J!: d t..i2..
tIar-lael'ler \JA;('il-Wii;,
P.O. BOX 2711
LOS ANGELES, CA 90053-2325
*******.*...*****...********....******..*************************
*******************************.
DATE 1U!lCEIVED BT DISTRICT: February 23, 1990
BXPIaATXON OATH (received date + 20 days): March 15, 1990
DAD COHKlltfr8 DUE; March 10, 1990
*****************************************************************
********************************
AGI!llllCY:
California Department of Fish and Game
U.S. Environmental Protection Agency
U.s. Fish and Wildlife service
In accordance with revised regulations pUblished at 33 CFR
330.7 on 13 November 1986, the following information regarding a
proposed discharge under the nationwide permit at 33 CFR
330.5(a) (26) is forwarded to you. It you have any views as to
whether an individual permit should be. required for the proposed
work you should forward those views to the District Engineer.
If a response is not received from you by March 12, 1990 the
perlnittee may be advised to commence work. under the existing
nationwide permit.
PLEASE REFER TO CASE NUMBER PDN 90-147-RH IN YOUR RESPONSE.
***************************************************.*************
********************************
Al1PLl:C1INT mIKE:
city of Chula vista
276 Fourth Ave
Chula Vista, CA 92010
Attn: Robin Putnam
(619)691-5120
->"tl
Pacific southwest Biological Services, Inc.
ATTENTIONl Keith W. Merkel
P.O. BoX 985
National city, cA 92050
(619)477-5333
AGEN'l' mlKEl
PREOSCHG.PF
J:;?E"'3.>'
-Ii
MRR 31 '92 11:51RM PRCIFIC SOUTHWEST BIOLOGICRL
P.6/8
WATERWAY NAME:
otay River
LOCAT:ION: Eastern edge of the city of Chula vista adjacent to
county of san Diego. The project extends from Interstate
B05 east to the city boundary along the current alignment
or otay Valley Road north of the Otay River.
county:
USGS Quadrangle:
Section:
TOWnship:
Range:
San Diego
7.5' Imperial Beach, CA
24
18 south
1 west
PROJECT DESCRIP'l':ION:
The City of Chula vista is proposing to widEln otay valley Road
from Inter51tate 805 to the eastern city boundary. Th.. roadway lies
within the otay River valley adjacent to urbanizEld and agricultural
lands on the western extreme and steep native sage scrub slopes to
the north and uplands as well as wetland of various quality to the
south on the eastern end of the roadway. The road widening would
extend for a distance of approximately 8800 feet and the road would
be widened to a 6 lane prime arterial within a 128 foot right-of-
way. The roadway would generlllly expand the width of the existinS
OtllY valley Road and associated slopes by approximately 80 feet.
AREA OF WATERS (lneluding vetlandD) eVDJECT TO ~oee AND/OR
SUDaT~XAL ~RSE MODIFICATION AS A RESULT OF PROPOSED WORK:
The proposed project would result in the loss of 2.6 acres of
tll.Ulri15k/mulefat shrubland oharacterized by a predominance of
Tamarix chinensis and Baccharis salicifclia. Scattered clusters
of willows (Balix 18siole~is and S. qooddinqii) and an abundance
of San Diego marsh elder (Iva havesiana) and desert f:ragrllnce
(Hvmenoclea monoavra) are also indicative of this habitat. A total
of 0.2 acres of willow riparilln woodland characterized by
individually mappable clusters of willows (Salix spp.) would also
be impacted along with 0.2 acres of freshwater marsh represented
by southwestern spiny rush (JunrnIs arnItU!!!l), sort-flag cattail
(TVnha ] atifolia) and scattered stands ot california bulrush
(scirDUS ealifornieus). In addition to these losses, the project
would lead to short-term construction impacts to within a 20 foot
Wide corridor at the base of the roadway slope. This lIrea totllls
1.1 acres of tamarisk/mulefat sbrUbland.
""'1,
~DXTIOHAL INFORHATXON:
TO compensate for project impacts, the applicant has proposad
II. mitiqll.tion plan whioh would oreate 5.8 acres of new wetlands
within a single ~1ock of land located in a filled portion of the
otllY River. This progre.1ll would include the removal of fill
material, reoontouring and reveqeb.tion of the site and proteotion
P~eoSCHij.PF
IJE"'J(,
....
11AR 31 '92' 11: S2'AM PACIFIC SOUTHWEST BIOLOGICAL
P.7/B
of the site through restrictions under a california Conservation
Easement for the protection of biological resources. Xn addition,
the project applicant is proposing to restore through recontouring
and revegetation, the wetlands impacted due to short-term
construction activities. Roadway slopes will be replanted with
appropriate native vegetation. This detailed plan is attached for
review and comment.
The otay River valley in the proximity of the proposed project
area supports nesting Least BellIs Vireos. The location of these
birds and 15 discussed in the attached biological survey and
analysis conducted for the project. The nearest nest location is
approximately 300 feet from the proposed right-ot-way. The project
applicant has provided noise data indicating that the noise levels
at the nest sites Which would be generated under the proposed
project will be below the 60-80 dB (A) impact thresholds cited
utilized in the Comprehensive species Management Plan developed for
the vireo (Recon 1988). The noise models utilized for the project
predict that the 60 dB(A) lower threshold will be attained at a
distance of approximately 100 feet from the nesting habitat under
future traffic predictions tor the year 2006 (attaChed document).
Further, the applicant has incorporated constraints in construction
such that the. projeot area will be reviewed by a qualified
biologist prior to conduoting grading activities and all
construction work will be kept a minimum of 300 feet. from any
active nests during the nesting period of 1 April through IS
September. Should specific construction activities require a
greater set-back than 300 feet to maintain a noise level below 60
dB(A) at any nest aite, these will be incorporated into the
construction constraints.
The applicant has proposed the following conditions to the issuance
of a Nationwide Permit pursuant to 33 eFR 330.5(a)(26):
'<,~,
1. That the permittee shall implement in full all portions of the
Otay valley Road Widening Restoration Plan (Pacific Southwest
Biologioal Services, dated February 8, 1990).
2. That the permittee shall oonduct a focusted survey for least
Bell's vireos prior to commencement of any construction work during
the period 1 April through 15 september and that all oonstruction
aotivities shall be kept at a minimum distance of 300 feet from any
active nests and at no time will the noise levels from constrUction
be allowed to exceed 60 dB(A) at any nest site.
3. That the perJllittee shall provide to the Corps, F14S, CDFG, and
EPA copies of the executed easements over the mitigation site upon
sublllittal of the initial monitoring report as required by the
mitigation plan.
PREDS~"G.PF
J:JE-3,/
"
.../A
.
MAR 31 '92 11:52AM PACIFrt SOUTHWEST BIOLOGIC~
P.B/B
4. That the m.l.tigation site will be excavated and planted
concurrent or preceding the construction of roadway sections which
will impact existing wetlands.
5. That the permittee implel1lent proteotive davices to
substantially preclude public vehicle access to the rivar bottom
and roadside dumping into the wetlemds of the otay River from Otay
Valley Road. .
6. That roadway slopes and r.l.ght-of-ways be replanted using
appropriate native vegetation inclUding sage ~crub and riparian
ecotone el~ents as specified in the project landscape plans.
2. Resouree Agency CommentS: only the O.S. Fish and wildlife
Servioe commented on the PDN. They said that they had reviewed the
mitigation plan and do not agree that the plan offsets all project
induced adverse environmental impacts. They requested the
opportunity to help ensure that project-related impacts to the
wetlands are avoided, minimized, and/or compensated for through
review of an individual permit apPlication.
3. Bao5..s for Not ReqUiring an Individual permit: Comments
concerning the proposed project were requested from the California
Department of FiSh and Game, U.S. Environmental Protection Agency,
and the U.S. Fish and wildlife Service. The District Regulatory
Branch believes that, based on the information provided, the
proposed activity would not ,have llIore than a minimal adverse
environmental effect on the aquatic environment either separatelY
or cumulativelY. A telephone conversation with FiSh and Wildlife
service staff revealed that their specifio outstanding concerns
were with potential secondary project impacts to sensitive upland
areas and the need tor a bUffer zone around the construction
corridor. The applicant had previously explored ways in which to
resolve these issues, and states that there is no practicable
solution. With regard to impacts to the wetlands, the Corps
blalieves that these have been addressed satisfactorily. Therefore,
in accordance with the regulations (33 CFR 330.7(d)) the proposed
work may be authorized by nationwide permit. If no response is
received by Karcb 15, 1990, the District Regulatory Branch will
assume that Division concurs with our recommendation and wi"!"l
proceed accordingly. '
4. aecommon4ed ~peoial conditions: Same as above.
<"'..,
vJ:,-t-e- d11e~ I~ 'fUN/I1:-!
/1CMll/ /
caARLES M. HOlll'
Chief, Regulatory Branon
PR~QSCKQ.Pf
I:JE-.3Y
RESOLUTION NO. I' #'1.3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
CONFIRHING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE,
TOGETHER WITH APPURTENANCES, APPROVING THE ENGINEER'S
"REPORT", MAKING CEQA FINDINGS, AND ADOPTING A STATEMENT
OF OVERRIDING CONSIDERATIONS AND A MITIGATION MONITORING
PLAN REGARDING ASSESSMENT DISTRICT NO. 90-2 (OTAY VALLEY
ROAD)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, has previously adopted its Resolution of Intention and
initiated proceedings for the installation of certain public works
of improvement, together with appurtenances and appurtenant work,
including acquisition where appropriate, in a special assessment
district pursuant to the terms and provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways code of the State of California, said special assessment
district known and designated as ASSESSMENT DISTRICT NO. 90-2 (OTAY
VALLEY ROAD) (hereinafter referred to as the "Assessment District");
and,
WHEREAS, pursuant to the provisions of said "Municipal Improve-
ment Act of 1913" and Part 7.5 of Division 4 of the Streets and
Highways Code, the "special Assessment, Limitation and Majority
Protest Act of 1931", a combined "Report" (hereinafter referred to
as the "Report"), as authorized, has been provided, presented,
considered and approved by this legislative body; and,
WHEREAS, said "Report", as preliminarily approved, contained
all the matters and items called for. by law and as pursuant to the
provisions of the "Municipal Improvement Act of 1913" and Section
2961 of said Streets and Highways Code of the State of California,
including the following:
1. Plans and specifications of the proposed improvements;
2. Estimate of cost;
3. Diagram of Assessment District;
4. An assessment according to benefits;
5. A description of the works of improvement;
6. Valuation information; and,
WHEREAS, all protests have been heard and considered, and a
full hearing has been given, all in the manner provided by law; and,
WHEREAS, notices of said hearing were duly and regularly
posted, mailed and published in the time, form and manner required
by law and as evidenced by affidavits on file with the transcript of
these proceedings; and,
WHEREAS, the owners of one-half (1/2) of the area assessed for
the cost of the project did not file written protests against the
said proposed improvements and acquisition where appropriate, and
this legislative body did, after providing a full hearing, overrule
and deny all protests and objections; and,
13(:-/
WHEREAS, the legislative
providing a contribution to pay a
of the work and proceedings; and,
body is desirous at this time of
portion of the costs and expenses
WHEREAS, this legislative body is now satisfied with the assess-
ment and all matters contained in the "Report" as now updated and
submitted; and,
WHEREAS, this legislative body did, by the adoption of
Resolution No. 16599 ("Certifying Resolution"), certify that the
final Environmental Impact Report, as defined therein ("FEIR") I was
prepared in accordance with the requirements of the California
Environmental Quality Act, and the guidelines lawfully promulgated
thereunder; and,
WHEREAS, the recitals and resolutions of the City Council
contained in the Certifying Resolution are incorporated herein as if
set forth in full hereat.
NOW, THEREFORE, BE IT RESOLVED:
RECITALS
SECTION 1. That the above recitals are all true and correct.
PROTESTS
SECTION 2. That all protests and objections of every kind and
nature be, and the same hereby are, overruled and denied, and it is
further determined that said protests and objections are made by the
owners of less than one-half of the area of property to be assessed
for said improvements within said Ass~ssment District.
BENEFITS RECEIVED
SECTION 3. That it is hereby determined that all properties
within the boundaries of the Assessment District receive a local and
direct benefit from the works of improvement as proposed for said
Assessment District, and it is hereby further determined and
declared that all assessable costs and expenses have been appor-
tioned and spread over the properties within the boundaries of the
Assessment District in direct proportion to the benefits received
thereby.
PUBLIC INTEREST AND CONVENIENCE
SECTION 4. That the public interest and convenience require
the proposed improvements to be made, and therefore it is hereby
ordered that the work to be done and improvements to be made,
together with appurtenances and appurtenant. work in connectior: there-
wi th, including acquisition where appropriate, in said Assessment
District, as set forth in the Resolution of Intention previously
adopted and as set forth in the "Report" presented and considered,
and as now submitted.
/3& - 2-
ENGINEER'S "REPORT"
SECTION 5.
submitted, updated
and said "Report II
proceedings for this
That the "Report" of the Engineer, as now
and amended as appropriate, is hereby approved
shall stand as the "Report" for all future
Assessment District.
CONFIRMATION OF ASSESSMENT
SECTION 6. That the assessments, as now filed in the
Engineer's "Report", and diagram for the improvements, together with
appurtenances and appurtenant work in connection therewith,
including acquisition where appropriate, are hereby confirmed.
The assessments contained in the f ioa1 Engineer's
"Report" are hereby levied and approved as follows:
A. The final assessments to represent the costs
and expenses to finance the public works of improvement, as autho-
rized for these proceedings.
B. The annual assessment to pay for administrative
costs in an amount not to exceed the maximum annual assessment as
set forth in said "Report".
The confirmed annual administrative assessment may
be collected in the same manner and in the same installments as the
confirmed assessments for the facilities, and may be combined with
those assessments for collection as convenient.
CONTRIBUTION
SECTION 7. That the appropriation of the monies as set forth
as a contribution in the Engineer's "Report" as herein presented
relating to this Assessment District is hereby approved and autho-
rized. said contribution is authorized pursuant to Section 10205 of
the "Municipal Improvement Act of 1913", being Division 12 of the
streets and Highways Code of the State of California.
ASSESSMENT VALUATION
SECTION 8. That this legislative body hereby finds and deter-
mines that the total amount of the principal sum of all unpaid
special assessments proposed to be levied, as well as any outstand-
ing special assessments, does not exceed 1/2 the total true value of
the parcels proposed to be assessed under these proceedings, and
this finding shall be final and conclusive.
This legislative body further finds that the
project is feasible and that the lands to be assessed will be able
to carry the burden of the proposed assessment, and it is hereby
further determined, if and as applicable, that the limitations of
the amounts of assessments provided for in Division 4 of the streets
/3e -.1
and Highways Code of the State of California be disregarded both
with respect to the limitation on the Assessment District as a
whole, and as to the limitation on individual specific assessments,
as applicable.
RECORDATION OF ASSESSMENT
SECTION 9. That the City Clerk shall forthwith deliver to the
Superintendent of Streets the said assessment, together with the
diagram attached thereto and made a part thereof, as confirmed, with
her certificate of such confirmation attached and the date thereof;
and that said Superintendent of Streets shall then immediately
record said diagram and assessment in his Office in a suitable book
to be kept for that purpose and attach thereto his certificate of
the date of such recording.
COUNTY RECORDER NOTICE
SECTION 10. Upon confirmation of the assessments and recorda-
tion of the assessment roll and diagram, a certified copy of the
assessment diagram shall be immediately filed in the Office of the
County Recorder. Immediately thereafter, a copy of the notice of
assessment shall be recorded in the Office of the County Recorder in
the manner and form as set forth by law and specifically Section
3114 of the Streets and Highways Code of the State of California.
MAILED NOTICE
SECTION 11. That upon recordation of the diagram and assess-
ment, a notice shall be mailed to each owner of real property within
the Assessment District at his last known address, as said address
appears on the last equalized tax rolls of the County, said notice
to set forth a statement containing a designation of the property
assessed, as well as the amount of the final confirmed assessment,
and further indicating that bonds will be issued pursuant to the
"Improvement Bond Act of 1915".
PUBLICATION
SECTION 12. That notice shall also be given by publication in
the designated legal newspaper, said notice setting forth the amount
of the final assessment and indicating that said assessment is now
due and payable, and further indicating that if said assessment is
not paid within the allowed thirty (30) day cash collection period,
bonds shall be issued as authorized by law.
No publication shall be required if all (100%) of
the assessed property owners have timely filed a properly executed
waiver of the cash collection period.
ASSESSMENT COLLECTION
SECTION 13. The County Auditor is hereby authorized and
directed, in accordance with the provisions of Section 8682 of the
/J~ -4{
streets and Highways Code of the State of California, to enter into
his assessment roll on which property taxes will next become due,
opposite each lot or parcel of land affected, in a space marked
"public improvement assessment" or by other suitable designation,
the next and several installments of such assessment coming due
during the ensuing fiscal year covered by the assessment roll and
that said entry then shall be made each year during the life of the
bonds for the proceedings for the above-referenced Assessment
District. This authorization is continual until all assessment
obligations have been discharged and the bonds terminated.
As an alternate, and when determined to be in the
best interests for bondholders of the Assessment District, this
legislative body may, by Resolution, designate an official other
than the County Tax Collector and/or other agent, to collect and
maintain records of the collection of the assessments, including a
procedure other than the normal property tax collection procedure.
SECTION 14. In accordance with the provisions of Section 8685
of the Streets and Highways Code, if any lot or parcel of land
affected by any assessment is not separately assessed on the tax
roll so that the installment of the assessment to be collected can
be conveniently entered thereon, then the Auditor shall enter on the
roll a description of the lot or parcel affected, with the name of
the owners, if known, but otherwise the owners may be described as
"unknown owners", and extend the proper installment opposite the
same.
ASSESSMENT VERIFICATION STATEMENT
SECTION 15. The County Auditor shall, within 90 days after any
special assessment installment becomes delinquent, render and submit
a detailed report showing the amounts of the installments, interest,
penalties and percentages so collected, for the preceding term and
installment date, and from what property collected, and further
identify any properties which are delinquent and the amount and
length of time for said delinquency, and further set forth a state-
ment of percentages retained for the expenses of making such collec-
tions. This request is specifically made to the authorization of
Section 8683 of the Streets and Highways Code of the State of
California.
ASSESSMENT DISTRICT FUNDS
SECTION 16. That the Treasurer is hereby authorized at this
time, if not previously done, to establish the following funds as
necessary for the payment of costs and expenses and administration
of the proceedings for this Assessment District:
A. IMPROVEMENT FUND: All monies received from
cash collection, proceeds from the sale of bonds and applicable
contributions shall be placed into the Improvement Fund.
131'5
assist
Reserve
B. RESERVE FUND: All monies as designated to
in the payment of delinquencies shall be placed into the
Fund.
C. REDEMPTION FUND: All monies received from the
payment of assessments shall be placed in the Redemption Fund.
For particulars as to the administration and
handling of the Funds, the specific terms and conditions shall be
set forth in the Bond Indenture and approved through the Resolution
Authorizing the Issuance of Bonds.
EIR COMPLIANCE WITH CEQA
SECTION 17. As to the Assessment District, the City Council
has reviewed and considered FEIR No. 89-01, the environmental
impacts of the project therein identified, the proposed mitigation
measures contained therein and the candidate findings attached
hereto as Exhibit "A". This legislative body has found, by the
adoption of the Certifying Resolution that FEIR No. 89-01 was
prepared in accordance with the requirements of CEQA and guidelines
lawfully promulgated thereunder.
CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATION
SECTION 18. A. Adoption of Findings. The City Council does
hereby approve, accept as its own, incorporate as if set forth in
full herein, and make each and everyone of the candidate findings
attached hereto as Exhibit "A".
B. Certain Mitigation Measures Feasible and
Adopted. As more fully identified. and set forth in Exhibit "A"
attached hereto, this legislative body hereby finds, pursuant to
Public Resources Code Section 21081 and Section 15091 of the CEQA
Guidelines, that the mitigation measures described in the FEIR are
feasible and, upon adoption of this ReSOlution, will become binding
upon the City and any other responsible parties.
c. Infeasibility of Alternatives. As set forth in
Exhibit "A" attached hereto, this legislative body hereby finds that
it is unnecessary to determine that any of the proposed project
alternatives set forth in the FEIR can feasibly and substantially
lessen or avoid the potentially significant adverse environmental
impact s since all potentially significant adverse environmental
impacts were eliminated or mitigated below a level of significance
by virtue of the mitigation measures herewith imposed. Notwithstand_
ing the foregoing, this legislative body did review the alternatives
to the Project, including the No Project Alternative, and rejects
said alternatives for the reasons set forth in Exhibit "A" attached
hereto.
D. Adoption of Mitigation and Monitoring Proqram.
As required by Public Resources Code Section 21081.6, this legisla-
t i ve body hereby adopts the Mitigation Monitoring and Reporting
/3E-'
program ("Program") incorporated in Exhibit "A" attached hereto.
This legislative body hereby finds the Program is designed to ensure
that, during Project implementation, the city as applicant, and any
other responsible parties, implement the Project (as defined in the
Certifying Resolution) components and comply with the feasible
mitigation measures identified in Exhibit "A" hereto.
E. Statement of Overridinq Considerations
Unnecessary. After the adoption of all feasible mitigation
measures, certain significant or potentially significant adverse
environmental effects which might otherwise be caused by the Project
will be mitigated below a level of significance. Therefore, this
legislative body hereby finds that it is unnecessary to issue,
pursuant to Section 15093 of the CEQA Guidelines, a statement of
overriding considerations identifying the specific economic, social,
and other considerations that render unavoidable significant adverse
environmental effects acceptable. Notwithstanding the foregoing,
this City council does adopt the Statement of Overriding Considera-
tions contained in Exhibit "AU hereto.
NOTICE OF DETERMINATION
SECTION 19. The City Manager, or his designee, is hereby
directed, after passage and adoption of this Resolution, to deliver
a Notice of Determination as to the Project, together with a copy of
this Resolution, its Exhibit and all resolutions passed by the city
Council in connection with this Project, with the County Clerk of
the County of San Diego and, in accordance with Public Resources
Code Section 21152, to cause such notice to be posted in the County
Clerk's office. The City Manager shall accomplish all of the above
notice requirements within five (5) working days following the
passage and adoption hereof.
RECORD OF PROCEEDINGS
SECTION 20. The City Clerk shall certify to the passage and
adoption of this Resolution; shall cause the same to be entered in
the book of original resolutions of the City; shall make a minute of
the passage and adoption thereof in the records of the proceedings
of this legislative body in the minutes of the meeting at which the
same is passed and adopted.
Presented by
Approved as to form by
Bruce M. Boogaard
City Attorney
John P. Lippitt
Public Works Director
13 E ~7
PASSED, APPROVED, and ADOPTED
of Chula Vista, California, this
1992, by the following vote:
by the City Council of the City
day of
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Tim Nader, Mayor
ATTEST:
Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
ss.
I, Beverly A. Authelet, City Clerk of the City of Chula Vista,
California, do hereby certify that the foregoing Resolution No.
was duly passed, approved, and adopted by the City Council
held on the day of , 1992.
Executed this _____ day of
, 1992.
Beverly A. Authelet, City Clerk
IJE ~i
CITY COUNCIL AGENDA STATEMENT
Item K
Meeting Date OS/26/92
[THIS ITEM TO BE ACTED UPON AFI'ER COUNCIL CONSIDERS, DELIBERATES
AND ACTS UPON THE OTAY VALLEY ROAD ASSESSMENT DISTRICT 90-2 PUBLIC
HEARING]
ITEM TITLE:
PUBLIC HEARING:
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR
ACQUIRING AND AUTHORIZING THE CONDEMNATION OF
CERTAIN REAL PROPERTY WITHIN THE OTAY VALLEY ROAD
STREET WIDENING PROJECT
RESOLUTION I/'~ '1'1 Determining Public Interest and
Necessity for acquiring and authorizing the condemnation of certain real
property within the Otay Valley Road Street Widening Project along
Otay Valley Road between Interstate 805 and the eastern boundaries of
the City, in Chula Vista, California r{) .
Community Development Director ~
City Managerjeq ~X ~\
u ...-,. (4/5ths Vote: Yes.x.. No ->
Council action on this item will be necessary only if the City Council has approved the
formation of the Otay Valley Road Assessment District No. 90-2 earlier in tonight's agenda.
Assuming that the district is formed for the purposes of issuing bonds to widen Otay Valley
Road, it is necessary for the Council to hold the public hearing and deliberate upon the request
to adopt the Resolution of Necessity ("Resolution") to acquire the remaining necessary right-of-
way and appurtenant easements through eminent domain for the public right-of-way necessary
to construct the road improvements. The City is attempting to acquire easements to the
properties as opposed to fee title. The authority to conduct this proceeding is derived from, and
being commenced under, California Code of Civil Procedure, Section 1240.030, and California
Code of Civil Procedure Sections 1245.210 - 1245.270.
RECOMMENDATION:
Conduct the Public Hearing and adopt the Resolution of Necessity.
DISCUSSION:
Section 1240.030 of the California Code of Civil Procedure provides that the power of eminent
domain may be exercised to acquire property for a proposed project if the following conditions
are established:
/L!-/
.C~/j
\ t
Page 2, Item .l!!-
Meeting Date OS/26/92
1. The public interest and necessity require the project.
2. The project is planned or located in a manner that will be the most compatible
with the greatest public good and the least private injury.
3. The property sought to be acquired is necessary for the project.
4. That either the offer required by Section 7267.2 of the Government Code has
been made to the owners of record, or that the offer has not been made because
the owner cannot be located with reasonable diligence.
The property owners that are the subject of the Resolution were properly notified of tonight's
public hearing by certified and first-class mail dated May 7, 1992, pursuant to the requirements
set forth in the Code of Civil Procedures Sections 1245.235 (a) and (b). The notices advised,
among other things, that the amount of compensation to be paid for their property is not a part
of this proceeding and that their comments should address only the conditions listed above.
Following, is a discussion of the four conditions which must be established in order for the
Resolution to be adopted:
Condition 1: By virtue of the Council certifying the Final Environmental Impact Report
(FEIR) on April 21, 1992, and subsequently approving the formation of the Assessment District
and adopting a Mitigation and Monitoring Program earlier this evening, the Council has
established that the public interest and necessity require the project. As a summary statement
however, the widening of Otay Valley Road is consistent with the City of Chula Vista's General
Plan Update which designates it as a six lane prime arterial and major street, and is in
accordance with the goals and objectives of the adopted Otay Valley Road Redevelopment
Project Area Plan that specifically calls for the elimination of environmental deficiencies which
includes inadequate street improvements.
Condition 2: Otay Valley Road travels east to west, and the portion to be widened lies
between Interstate 805 and the eastern City limits. This area has physical barriers on both the
north and south sides. To the north lies subdivided and developed properties in some areas,
along with steep and substantial slopes in other areas. To the south lies primarily vacant,
undeveloped and wetlands. It is clear that in order for the project to be located in a manner that
is compatible with the greatest public good and the least private injury, the road must be
Page 3, Item E-
Meeting Date OS/26/92
Condition 4: Ryals and Associates was retained by the City of Chula Vista to perform
acquisition services for this project. Of the property necessary for the project, settlements were
reached with all but four (4) property owners covering five (5) parcels. Final Offers were made,
pursuant to the requirements of Government Code Section 7267.2, on April 29, 1992, and May
1, 1992, respectfully. Rick Ryals, Ryals and Associates, is present this evening to discuss any
specific questions relative to the acquisition efforts. For clarity purposes, the remaining property
rights sought under the Resolution, along with the corresponding parcel numbers and date of
Final Offers appear below:
Owner
Parcel No(&}
Final Offer Date
Offer
Atomic Investments
Leonard Teyssier
624-060-45
04-29-92
$ 98,200
Jaginco, L.P.
Borst Family Trust
644-040-40
04-29-92
$472,000
H.G. Fenton Company
644-050-06
644-050-07
05-01-92
$ 85,700
H.G. Fenton Company
Nelson & Sloan Materials
644-050-02
05-01-92
$ 52,100
In summary, the four (4) conditions which need to be established in order to adopt the
Resolution have been met. The City, through its Acquisition Consultant have made the
appropriate efforts to acquire the easements at or above the Fair Market Value without the use
of eminent domain. Unfortunately, the parties have reached an impasse, and therefore, in order
to proceed with the project as planned, the easements need to be acquired through the use of
eminent domain.
FISCAL IMPACT:
All property acquisition costs associated with the street widening project is to paid/reimbursed
from the Assessment District. Therefore, there is not an impact on either the City or
Redevelopment Agency unless, during the settlement proceedings, the Judge awards
compensation well above and beyond the established Fair Market Value for the above referenced
properties. The existing acquisition budget within the Assessment District is $1,130,920.
[C:IWPSI IHAYNIlSIREPORTSIOVRACQI.113]
/tJ-']
A-I
EXHIBIT "A"
ATOMIC INVBSTMBNTS INC, A CALIFORNIA CORPORATION
(PAC BELL PARCEL)
ALL THAT PORTION OF THE SOUTHEAST QUAIlTJl:R 0' THE NORTHEAST QUARTER
OF SECTION 24, TOWNSHIP 18 SOUTH, RANGE 2 WEST, SAN BERNARDINO
MERIDIAN, IN THB CITY OF CHULA VISTA, COUNTY 0' SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVEY
DBSCRIBED A8 FOLLOWSl
PARCEL 1 (RIGHT-OF-WAY)
THAT PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASE
TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY, A CALIFORNIA
CORPORATION FROM SAN DIEGO TRUST AND SAVINGS RECORDED MARCH Z1,
1974 AS FILE/PAGE 74-071187 OF OFFICIAL RECORDS, DESCRIBED AS
FOLLOWS I
A STRIP 0' LAND 24.00 FEET IN WIDTH LYING SOUTHERLY OF AND ADJACENT
TO THE FOLLOWING DESCRIBED LINE;
BEGINNING A'r A POINT IN THE EASTERLY LINE OF SAID SECTION Z4,
DISTANT THEREON SOUTH 0'26' 17" WEST 51.00 FEET FROM THE CEN'rERLINE
OF OTAY VALLEY ROAD AS SAID CENTERLINE IS SHOWN ON A MAP OF
PRINCESS MANOR UNIT NO.5. MAP NO. 5229, RECORDS OF SAID COUNTYl
THENCE NORTH 89'30' 13" WEST PARALLEL WITH SAID CENTBRLINE 380.00
FEET.
THE SIDELINE OF SAID BASEMENT SHALL BE FORESHORTENBD OR EXTENDED
TO TERMINATE IN THE EASTERLY AND WESTERLY PROPERTY LINES or THE'
ABOVB DESCRIBED PARCEL.
SAID PARCEL CONTAINS O.ZI ACRES MORE OR LESS.
PARCEL 2 (SLOPE EASEMENT)
All EASEMENT FOR SLOPE AND DRAINAGE PURPOSES OVER THAT PORTION OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN A LEASE TO PACn'lC
TELEPHONE AND TllLEORAPH COMPANY. A CALIFORNIA CORPORATION, FROM SAN
DIEGO TRUST AND SAVINGS RECORDED MARCH ZI, 1974 AS FILE/PAGE 74-
071187 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS I
SAID EASEMENT BEING BOUNDED ON THE NORTH BY THE SOUTHERLY LINE OF
PARCEL 1 AS DESCRIBED ABOVE AND ON THE SOUTH BY TilE FOLLOWING
DIISCIUBED LINEI
llEGINNING AT A POIN,T IN THE EASTERLY LINE OF SAID SECTION 24,
DISTANT THEREON SOUTH 0'26'17" WEST 83.87 FEET FROM THE CENTIlRLINE
OF OTAY VALLEY ROAD AS SAID CENTERLINE 18 SHOWN ON A MAP OF
PRINCESS MANOR I1N1T NO.5, MAP NO. 5229, RECORDS OF SAI'D COUNTY;
THENCE NORTH 89'29'50" WEST 31.88 FEETI THENCE NORTH 80'3S'S5" WEST
98.00 FEETl THENCE NORTH 80'30'55" WEST 207.83 FEETI THENCE NORTII
0'29'47" EAST 9.72 FEET MORE OR LESS, TO THE INTERSECTION WITH THE
SOUTHERLY LINE OF THE ABOVE DESCRIBED PARCEL I AND THE TERMINUS OF
THIS EASEMENT.
SAID PARCEL CONTAINS 0.07 ACRES MORE OR LESS.
PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT)
A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND
20 FEET IN WIDTH LYING SOUTHERLY OF AND ADJACENT ,TO AND PARALLEL
WITH THE SOUTHERLY LINE OF I'ARCEL Z AS DESCRI!lBD ABOVE. .
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EXHIBIT "stt
8,1
PARCEL I
AREA-O.21 ACRES
ElCIS'llNC R/W PER
rIP 31251 a.R..
REO. 2/20/89
EXIS'llNO ll. 60.00'
OTAY VAllEY ROAO '\ 11.00'
N 89"30'13" W
S.E. COR. PRINCESS
MANOR UNIT 5
MAP $729
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TEIAPORARY
CONSTRucnON
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3/21/74
A TOMle INVESTMENTS. INC.
(PAC BELL-LESSEE)
A.P.N. 624-060-45
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AREA .. 0.21 ACRES
A8le'lor'8 Porcel No.:
624-060-45
Rlght-of-Woy En~lneerlnQ Services, Inc.
OMI En9Jn.- Lon. SurYllyln
2103 EI Camino R"I S '0 208 Ocean.lde, ~" 82054
le'81 757-4443
AuIeCAD fn__ ATOUICJt.cfw,
CITY Of CHULA VISTA.
OTAY VALLEY ROAD RIGHT OF WAY
DATE; SEPTEMBER 10, 1991 SHEET I OF I
/
f'O"
A-2
EXHIBIT "A"
W ALitER SCOTT
THAT PORTION OF SECTION 19, TOWNSHIP 18 SOUTH. RANGE 1 WEST, SAN
BERNARDINO MERIDIAN. IN THE CITY OF CHULA VISTA, 'COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA ACCORDING TO THE UNITED STATES
GOVERNMENT SURVEY. APPROVED SEPTEMBER 11, 1819, BEING DESCRIDED AS
FOLLOWS I
PARCEL 1 (RIGHT-OF-WAY)
COMMENCING .AT Till!: NORTllWlI:ST CORNER OF THE SOUTHEAST QUARTER OF THE
NORTHWEST qUARTER OF SAID SECTION 191 THENCE ALONG THE NORTHERLY
LINE OF LOT 2 OF THE SOUTIIWEST qUARTER OF, THE NORTlIWEST QUARTER OF
SAID SF.CTION 19. NORTII 88'58' 45" WEST (NORTH 88'57' 01" WEST RECORD
PER RECORD OF SURVEY NO, 10121) 185.01 FEET 'TO A POINT ON THE
WESTERLY LINE OF THE EASTERLY 185.00 FEET OF SAID LOT 21 THENCE
SOUTHERLY ALONG SAID WESTERLY LINE SOUTIl 0'19'03" WEST 20.00 FEET
TO A POINT ON TilE SOUTIIERLY RIGIIT-OF-WAY OF OTAY VALLEY ROAD
ACCORDING TO ROAD SURVEY NO. 184 PER THE MAP THEREOF ON FILE IN THE
OFFICE OF TilE COUNTY SURVEYOR OF SAID COUNTY AND AS GRANTED TO THE
COUNTY OF SAN DIEOO BY DEED RECORDED AUGUST 9. 1901 IN BOOK 310.
PAGE 42 OF DEEDS, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE EASTERLY ALONG SAID RIGHT-OF-WAY LINE SOUTH 88'58'45" EAST
1487.78 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF BAlD
SECTION\ THENCE ALONG SAID NORTH-SOUTH CENTERLINE OF SAID SECTION
NORTH 021'38" EAST 9.85 FEET TO A POINT ON THE SAID SOUTHERLY
RIGHT-OF-WAY LINE OF SAID OTAY VALLEY ROAD; THENCE ALONG SAID
SOUTHERLY RIGIlT-OF-WAY LINE SOUTH 72'07'00" EAST (RECORD SOUTH
72'08'45" EAST) 785.73 FEET MORE OR LESS TO POINT "Z" AS DESCRIBED
IN A DEED TO THE COUNTY OF SAN DIEGO. RECORDED JUNE 29. 1979 AS
FILE NO. 79-210581 OF OFFICIAL RECORDS I THENCE ALONG TIlE SOUTHERLY
LINE OF SAID DEED THE FOLLOWING COURSES I SOUTH 89'50' 55" EAST
(RECORD SOUTU 89'50'40" lAST) 202.18 FEET I THENCE SOUTH 72'07'00"
BAST (RECORD SOUTII 72'08'45" EAST) 430.00 FEETI THENCE SOUTH
74'24'28" EAST (RECORD SOUTIl 74'24'11" EAST) 200.18 FEBT TO A POINT
ON THE SOUTIIERLY RIGIIT-OF-WAY LINE OF SAID ROAD SURVEY NO. 1841
THENCE ALONG SAID' SOUTIIERLY RIGHT-OF-WAY SOUTH 72'07' 00" EAST
(RECORD SOUTII12,08'45" EAST) 249.22 FEETI'THENCE PERPENDICULAR AND
RADIALLY TO SAID RIGHT-Or-WAY LINB NORTH 17'53' 00" EAST 20.00 FEIi:T
TO A POIN1' ON TilE CENTERLINE OF SAID OTAY VALLEY ROAD AS SAlD
CENTERLINE IS SIIOWN ON RECORD or SURVIi:Y MAP NO. 10127. SAID POINT
ALSO BEING TilE BEGINNING 'OF A TANGENT CURVE CONCAVE NORTHERLY AND
HAVING A RADIUS OF 1250,0 FEET A RADIAL BEARING TO SAID POINT BEARS
SOUTH 17'53'00" WEST; TIIENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUOII A CENTRAL ANGLE OF 38'39'28" A LENGTH OF 199.75 FEETI THE:iCE
TANGENT TO SAID CURVE NOltTH 11'13 '32" EAST (RECORD NORTH 71'12' 55"
EAST 94.81 FEET) 95.19 FEET MORE OR LESS TO THE EASTERLY LINE OF
SAID SECTION 191 THE\'(CE ALONG SAID EASTERLY LINE SOUTH 0'28'34" WEST
(RECORD SOUTH 0'03' 20" WEST) 84.44 FEETI THENCE SOUTH 74'12 '12" WEST
162.98 FEET TO TilE BEGINNING OF A TAlqC!::iT CURVE CONCAVE NORTHERLY
AND HAVING A RADIUS OF 1282,97 FEET I THENCE WESTERLY AND
NORTIIWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTltAL ANGLE
OF 32'51'01" A LENGTH OF 735.59 FEET; THENCE TANGENT TO SAID CURVE
NORTH 12'58' U" WEST 884.70 FEETI THENCE NORTH 72'07' 00" WEST 433.08
FEET I THENCE NORTH 71'05'59" WEST 450.70 FEET TO THE BEGINNING OF
A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RA~IUS OF
1938 00 FEET. A RADIAL BEARING TO SAID POINT BEARS NORTH 17 53' 00"
EASTi THENCE WESTERLY ALONO THE ARC OF SAID Cl:RVE THROUGII A CENTRAL
ANGLE OF 8'04' 17" A LENGTH OF 272.13 FEET TO A POINT ON THE EASTERLY
LINE OF SAID SOUTHEAST qUARTER OF THE NORTHWEST QUARTERI THEN~E
NORTU 0'21'38" EAST ALONG SAID EASTERLY LINE 72.58 FEET TO A P~IN~
ON THE SOUTHERLY LINE OF OTAY VALLEY ROAD AS SAID LINE IS SHOWN ON
RECORD OF SURVEY NO. 101271 THE.'1CE ALONG SAID SOUTHERLY ~INE,
PARALLEL WITH AND DISTANT 28.00 FEET A~O~~A~~R~~I~TC~~~iL~~iL~~
~~0~~EONC~1;~i~~ ~~R::J~ci'.TI'I~4;A;~:~1I 88'58' 45" WEST 20Ml FEETI
/t/~~
A-2
THENCE SOUTH 0'21' 3S" WIST PARALLEL WITH THE AFORESAID EASTERLY
LINE OF TilE SOUTHEAST QUARTER OF TilE NORTIIWIST QUARTER, 51.91 FEET
TO A POINT ON A NON-TANGENT CIlRVE' CONCAVE SOIlTIIWESTERLY AND HAVING
A RADIUS OF I03S.00 FEET, A RADIAL BEARING TO SAID POINT BEARS
NORTH 3'35'40" EAST I TIIENCE WESTERLY ALONG THE ARC OF SAID CURVI
THROUGn A CENTRAL ANGLE OF 2'31' za" A LENGTH OF 85.83 FEET I THENCE
PARALLEL .IITII AND DISTANT 75.00 FEET AS MEASURED AT RIGHT ANGLES
FROM THE CENTERLINE OF OTAY VALLEY ROA~ AS SAID CENTllRLINE IS SHOWN
ON SAID ROAD SURVEY NO. 184. NORTH 8S5S'46" WEST 1193.23 FIET TO
A POINT ON TilE AFORESAID liltSTERLY LINE OF THE EA~TERLY 185.00 FEET
OF LOT 21 THENCE ALONG SAID WESTERLY LINE NORTH 019'03" EAST 55.01
PlaT TO THE TRIlE POINT OF BEGINNING.
EXCEPTING THEREFROM ANY PORTION OF SAID LAND LYING WITHIN PUBLIC
IUGHT-OF~WAY AS SIIOWN ON ROAD SURVEY NO. 184.
SAID PARCEL CONTAINS 8.08 ACRES MORE OR LESS.
PARCaL 21 (SLOPE EASEMENT)
AN EASEMENT FOR SLOPE AND DRAINAGE PURPOSES OVER TIlAT PORTION OF
SECTION 19. TOWNSHIP 18 SOIlTII. RANGE 1 liEST. SAN BERNARDINO
MEIlIDIAN. IN TilE CITY OF CIIIlLA VISTA, COUNTY OF SAN DIEGO ACCORDING
TOIlNITED STATES SURVEY APPROVED SEPTEMBIR 11,1819 BEING DESCRIBED
AS FOLLOIIS I .
SAID EASEMENT IS BOUNDED ON THE NORTH BY THE SOUTHERLY LINE AS
DESCRIBED IN PARCEL 1 ADOVE AND ON THE SOUTH BY THE FOLLOWING
DESCRIBED LINEI
BEOINNING AT A POINT IN TilE WESTERLY LINE OF THE EASTERLY 185.00
FEET OF SAID LOT 2, OF SECTION 19, DISTANT THEREON 00'I9'OS" WEST.
S8.98 FEET FROM THE TRIlE POINT OF BEOINNING AS DESCRIBED IN PARCEL
1 ABOVlll
THBNCB SOUTH 48'42'39" EAST 8.91 PEETI
THENCE SOUTH 08'07'SO" EAST 20.38 FEETI
THENCE HORTH 80'00'00" EAST 12.00 FEETI
THENCE NORTH 18'30' 81" EAST U. as FEET 1
THENCB H01TH 53'58'58" BAST 23.90 FEETI
THENCE SOUTH 88'38'34" EAST 80.53 FEETI
THENCE NORTH 87'18'U" EAST n.81 FEET I
THENCE SOUTH 88'as'U" EAST 32.08 FEETI .
THENCE NORTH 88'Z8'02" EAST 83.44 FEETI
THENCE NORTH 89'54'30" EAST 91.88 FEETI
THENCE SOIlTH 86'30'44" EAS!!: 07.81 FEETI
THENCE SOUTH 84'08'14.' EAST 100.38 FEETI
THENCE SOUTH 84'39'14" EAST 100.28 FEETI
THENCE NOaTH 88'11'31" EAST 100.12 FEETI
THENCE SOUTH 88'41'19" EAST 100.01 FEET I
THENCE NoaTH, 88'28'39" EAST 100.10 FEETI
TlIENCE.SOUTH 87'41'00" EAST 100.02 FEETI
THBNCE SOUTH 85'81'50" EAST 171.81 FEETI
THENCE N01'l'II 00'21' 38" EAST ALONO TilE EASTERLY LINE AND TilE
SOUTHERLY PROLONGATION 'I'IIEREOF, OF PARCEL 1 DESCRIBED ABOVE 80.94
FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF SAID PARCEL 11
THENCE SOIlTIl 88'58'U" EAST ALONG SAID SOUTHERLY LINE 208.11 FEET
TO AN ANGLE POINT IN SAID SOIlTHERLY LINEI THENCE SOUTH 00'21' 3S"
WE8T ALONG TilE WESTERLY LINE OF SAID PARCEL 1 AND THE SOIlTHERLY
PROLONGATION THf..':EOF 10S.90 FElT I . .
THENCE 80UTH 78 OS'03" EAST 288.88 FEETI
THENCE SOUTH 73'03 '02" EAST 100.24 FEETI
THENCE SOUTH 10'33'40" EAST 198.39 FEETI
TIIENCE SOUTH 87'80'37" EAST 202.33 FEETI
THENCE SOUTH 70'U'l1" EA8T 85.38 FEETI
THENCE SOUTII 88'02'01" EAST 103.88 FEETI
mENCE SOUTH 18'09'211" EAST 101.10 FEETI
THENCE SOUTH 82'27'19" EAST 102.48 FEET I
THENCE SOUTII 81'31'38" EAST 100.TO FEETI
/11-7
THeNCE SOUTH 81'SS'24" EAST 101.83 FEiTI
THeNCE SOUTH 83'33' U" EAST 102.03 FEET,
THENCE SOUTH 70'11'OS" EAST 100.48 FEET'
THeNCE SOUTH 88'114"48" EAST 102.82 PEET,
THENCEIOUTK 71'21'08" EAST 87.10 FEET,
THENCE SOUTH TO'Sl'31" EAST 10S.S0 FEET,
THeNCE SOUTH U'U' 58" EAST 110.88 FEET,
THPCE SOUTH 82'48'39" EAST 111.88 FEET,
THENCE SOUTK 89'OS'sa" EAST 107.28 FEET,
THENCE NORTH 85'48'39" .EAST 108.21 FEET'
THENCE NORTH U'S8'30" EAst 108.85 FEET,
THENCE NORtK T8'28'08" EAST 108.22 FIET,
THENCE NORTH 72'24'23" EAST 105.01 FEET,
THENCE NORTH 95'57' 11" EAST 86 .10 FEET TO tHE EASTERLY LINE OF SAID
SECTION 18 AND nlE TERMINUS OF THIS EASEMENT.
A-2
. -..- - -. . ---- ..--- -- ..--...
SAID PARCEL CONTAINS 2.70 ACRES MORE OR LESS.
PARCEL 31 (TEMPORARY CONSTRUCTION EASEMENT)
A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND
20.00 FEET IN WIDTH LYING SOUTHERLY OF AND ADJACENT TO AND PARALLEL
WITH THE SOUTHERLY LINE OF PARCEL 2 DESCRIBED ABOVE.
THE TERMINATION DATE FOR TillS TEMPORARY CONSTRUCTION EASEMENT SHALL
BE 90 DAYS AFTER THE FILING OF T/lE NOTICE OF COMPLETION OF
CONSTRUCTION.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT
LABEtED EXHIBIT "B".
. THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY
DIRECTION.
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A-3
EXHIBIT "A"
H.G. FENTON MATERIAL COMPANY, A CORPORATION
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 20, TOWNSHIP 18 SOUTH, RANGE 1 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO UNITED STATES GOVERNMENT SURVKY,
APPROVED SEPTEMBER 11, 1879, DESCRIBED AS FOLLOWS'
PARCEL 1 (RIGHT-OF-WAY)
BEGINNING AT A POINT OF INTERSECTION WITH THE CENTERLINE OF OTAY
VALLEY ROAD WITH THE EASTERLY LINE OF SECTION 19, TOWNSHIP 18
BOUTH, RANGE 1 WEST AS BAlD POINT IS SHOWN OF RECORD OF SURVEY MAP
NO. 10127 ON FILE WITH THE COUNTY RECORDER OF SAID COUNTY I THENCE
NORTHERLY ALONG SAID EASTERLY SECTION LINE NORTH 0'28'34" EAST 48.87
FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND
HAVING A RADIUS OF 2064.00 FEET, A RADIAL BEARING TO SAID POINT
BEARS NORTH 15'39' 21" WEST I THENCE NORTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGII A CENTRAL ANGLE OF 8'17'63" A LENGTH OF 298.92
FEETI THENCE TANGENT 'ro SAID CURVE NORTH 62'36'32" EAST 373.08 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING
A RADIUS OF 2084.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF
SAID CURVE THROUGlI A CENTRAL ANGLE OF 18'43'48" A LENGTH OF 674.70
FIlETI THENCE TANGENT TO SAID CURVE SOUTH 78'37'42" EAST 24.40 FEET
TO A POINT ON THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF THE
NORTIIWEST QUARTER I THENCE SOUTH 0'13' 08" WEST ALONG SAID EASTERLY
LINE 130.46 FEET I THENCE NORTH 78'37'42" WEST 49.64 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A
RADIUS OF 1838.00 FEETI THENCE SOUTHWESTERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAl; ANGLE OF 16'43'48" A LENGTH OF 632.88 FEETI
THENCE TANGENT TO SAID CURVIl SOUTH 82'38'32" WEST 373.08 FEET .TO
THB BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING
A RADIUS OF 1936.00 FEET; THENCE SOU1'HWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 8'26' 20" A LENGTH OF 286.15
FEETI THENCB TANGENT TO SAID CURVE SOUTH 74'12'12" WEST 32.20 FEET
TO A POINT IN THE EASTERLY LINE OF SAID SECTION 19; THENCE NORTH
0'28'U" EAST 84.44 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 4.03 ACRES MORE OR LESS.
,PARCEL 2 (SLOPE EASEMENT)
AN EASEMENT FOR SLOPE AND DRAINAGE PURPOSES OVER THAT PORTION OF
THE SOUTHWEST IOlUARTER OF THE NORTHWEST QUARTER OF SECTION 20,
TOWNSHIP 16 SOUTH, RANGE 1 WEST, SAN BERNARDINO MERIDIAN, IN THE
CITY OF CIIULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFOltNIA,
ACCORDING TO GOVEltNMENT SURVEY APPROVED SEPTEMBER II, 1819.
DESCRIBED AS FOLLOWS:
SAID PARCEL BEING BOUNDED ON THE NORTH BY THE SOUTHERLY LINE OF.
PARCEL 1 AS DESCRIBED ABOVE AND ON THE SOUTH BY THE 'FOLLOWING
DESCRIBED LINEI
BEGINNING AT A POINT OF INTERSECTION OF THE CENTERLINE OF OTAY
VALLEY ROAD WITH THE EASTERLY LINE OF SECTION 19, TOWNSHIP 18
SOUTH, RANGE 1 WEST AS SAID POINT IS SHOWN ON RBCORD OF SURVEY MAP
NO. 10127 ON FILE WITH THE COUNTY RECORDER OF SAID COUNTY 1 THENCE
SOUTHERLY ALONG SAID EASTERLY SECTION LINE SOUTH 0'26' 34" WEST
107.22 P'IlET: THENCE NORTH 69'29'31" EAST 21.88 FEET, THENCE NORTH
78'18'38" EAST 141.76 FEETI THENCE NORTH 62'08'09" EAST 129.62 FEETI
THENCE NORTH 81'05'04" EAST 199.99 FEET; THENCE NORTH S5028'31" EAST
99.93 FKETI THENCE NORTH 84'06' 26" EAST 189.22 IIEETI THENCE NORTH
81t'l6' 08" EAST 99.81 FEET I THIlNCE NORTH 69'30' 41" EAST 97.74 FEETI
THENCE SOUTH 84'42'03" IlAST 96.22 FEET; THENCE SOUTH 62'27'04" EAST
95.68 FEET I THENCE SOUTH 86'35'08" EAST 93.89 FEETI THENCE SOUTH
82'32'08" EAST 99.02 III1:II:TI THltNCE SOUTH 89'59'18" EAST 7.64 FEET TO
TilE EAST LINE OF THE SOUTHWEST QUARTER. OF THE NORTHWEST QUARTER. OF
SECTION 20 AND THE TERMINUS OF THIS EASEMENT.
SAID PARCEL CONTAINS 0.72 ACRES MORE OR LESS.
I'I-/~
A-3
PARCEL 3 (TEMPORARY CONSTRUCTION EASEMENT)
A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES OVER A STRIP OF LAND
20.00 FEET IN WIDTH LYING SOUTHERLY OF AND ADJACENT TO AND PARALLEL
WITH THE SOUTHERLY LINE OF PARCEL 2 DESCRIBED ABOVE.
SAID EASEMENT SHALL TERMINATE WITHIN 90 DAYS AFTER THB FILING OF
NOTICE OF COMPLETION OF CONSTRUCTION OF OTAY VALLEY ROAD.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT
LABIlLllD EXHIBIT "B".
THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY MB OR UNDER MY
DIRECTION.
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ExHIBIT ItAn
H.O. FENTON MATERIAL COMPANY, A CORPORATION AND
NELSON AND SLOAN, A CO-PARTNERSHIP
THAT PORTION OF LOT Z OF SECTION 20, TOWNSHIP 18 SOUTH, RANOE 1
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWSI
PARCEL 1 (RIGHT-OF-WAY)
BEGINNING AT A POINT OF INTERSECTION WITH THE CENTERLINE OF OTAY
VALLEY ROAD WITH THE EASTERLY LINE OF SECTION 19. TOWNSHIP 18
SOUTH, RANGE 1 WEST AS SAID POINT IS SHOWN OF RBCORD OF SURVEY MAP
NO. 10127 ON FILE WITH THE COUNTY RECORDER OF SAID COUNTYI THENCE
SOUTHERLY ALONG SAID EASTERLY LINE OF SAID SECTION 18 SOU'1'II
O'Z8'34" WEST 17.78 FEET TO A POINT ON THE PROPOSED NEW CENTERLINE
OF SAID OTAY VALLEY ROAD AS SHOWN ON PLANS FOR WIDENING OF OTAY
VALLEY ROAD ON FILE IN THE OFFICE OF THE CITY ENGINEER OF THE CITY
OF CHULA VISTA; THENCE ALONG SAID PROPOSED CENTERLINE, THE
FOLLOWINO COURSES; NORTH 74'12'12" EAST 13.86 FEET TO THE BEGINNING
OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
2000.00 FEET I THENCE NORTHEASTERLY ALONO THE ARC OF SAIl> CURVE
THROUGH ^ CENTRAL ANGLE OF 8'26' 20" A LENGTH OF 284.57 I THENCB
TANGBNT TO SAID CURVE NORTH 62'38'32" BAST 313.08 FBBT TO THB
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS
OF 2000.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 18'43'48" A LENGTH OF S83.78 FEET I
THENCE TANGENT TO SAIl> CURVE SOUTH 78'37'42" EAST 37.02 FEET MORE
OF LESS TO A POINT ON THE WEST LINE OF SAIl> LOT 2 OF SBCTION 201
THENCE DBPARTING FROM SAID PROPOSED CENTER LINE OF OTAY VALL BY ROAD
AND ALONG THll WESTERLY LINE OF SAID LOT 2 OF SECTION 20, NORTH
0'13' OS" EAST (RECORD NORTH 0'12' 21" BAST PER RECORD OF SURVBY NO.
8846) 15.S8 FEET MORE OR LESS TO A POINT OF INTERSECTION WITH THE
WBSTERLY TERMINUS OF TH~T CERTAIN COURSB SHOWN ON RECORD OF SURVBY
MAP NO. S848 AS SOUTH 8008'38" EAST 200.00 FEET AND THE TRUB POINT
OF BBGINNING OF THIS DllSCRIPTIONI THENCE ALONG THE BOUNDARY LINE
OF SAID RECORD OF SURVEY NO. 8946 THB FOLLOWING COURSES I SOUTH
80'08'38" EAST 189.78 FEET (RECORI> 200.00 FEET) I THENCE SOUTH
8I'5S'09" EAST 385.00 FEETI THBNCB SOUTH 7S'28'09" EAST 180.00 FBETI
THENCE SOUTH 83'55'09" EAST 301.81 FEETI THENCE SOUTH 0'07'39" EAST
107".06 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHEASTERLY
AND HAVING A" RADIUS OF 2064.00 FEET, A RADIAL BBARING TO SAID POINT
"BEARS SOUTH 2'35' 27" WESTI THENCE DEPARTING SAID BOUNDARY LINE OF
RECORD OF SURVEY MAP NO. 8946 AND NORTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 8'48'51" A LENGTH OF 316.32
FEETI THENCE TANGENT TO SAID CURVE NORTH 78'37'42" WEST 725.10 FBET
TO A POINT ON THE WEST LINE OF SAID LOT 21 THENCE ALONG SAIl> WEST
LINK OF LOT 2 NORTH 0'13'06" EAST 80.88 FEET TO THE TRUll POINT OF
BEGINNING.
SAID PARCEL CONTAINS 2.34 ACRES MORE OR LBSS.
PARCBL 2 (SLOPE EASEMENT)
AN EASEMBNT FOR SLOPE AND DRAINAGE PURPOSES OVER THAT PORTION OF
LOT 2 OF SECTION 20, TOWNSHIP 18 SOUTH, RANGE I WBST, SAN
BERNARDINO MERIDIAN, IN THE CITY OF CHULA VISTA, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS;
SAID EASEMENT BEING BOUNDED ON THE NORTH BY THE SOUTHERLY LINE OF
PARCBL 1 AS DESCRIBED ABOVE AND ON THE SOUTH BY THE FOLLOWING
DESCRIBED LINEI
BBGINNING AT A POINT ON THll AFOREMENTIONED WEST LINE OF SAID LOT
2 OF SECTION 20 DISTANT SOUTH 0'13'00" WEST 100.06 FEET FROM THE
........
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A-4
AFORBMENTIOIUID INTERSECTION OF SAID WEST LINE AND WESTERLY TERMINUS
OF THE NORTHERLY LINE OF RECORD OF SURVEY MAP 8848 AS DESCRIBED-IN
PARCEL 1 ABOVE I THENCE SOUTH 88'58' 20" EAST 94.11 FBBTI THENCE
SOUTH 76'36'47" EAST 118.31 FEETI THENCE: SOUTH 81'28'18" BAST 67.-97
FBETI THENCE SOUTH 77'40'13" EAST 101.44 FEET I THENCE SOUTH
79'18'19" EAST 113.14 FEETI THENCE SOUTH 80'3Z'46" EAST 197.3Z FEETI
THENCB SOUTH 78'OO'3Z" EAST 108.36 FEET; THENCE SOUTH 79'%4'45" EAST
107.81 FEETI THENCE NORTH 89'Z8'43" EAST 108.88 FEETI THBNCE SOUTH
S8'SS'09" EAST 31.43 FEE1'I TO A POINT ON THAT CBRTAIN LINE OF
RECORD OF SURVEY NO. 9948 HAVING A COURSE OF SOUTH 00'07' 39" EAST
911.Z0 FEET' SAID POINT BEING THE TERMINUS OF THIS EASEMENT.
SAID PARCEL CONTAINS 0.8Z ACRES MORE OF LESS.
PARCEL 3 ( TEMPORARY CONSTRUCTION EASEMENT)
A TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES 20.00 FEET IN WIDTH
LYING SOUTHIi:RLY OF AND ADJACENT TO AND PARALLEL WITH THE SOUTHERLY
LINE OF PARCEL 2 AS DESCRIBED ABOVE,
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B".
THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY
DIRBCTION.
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C-1
BEFORE THE CITY COUNCIL OF THE
CITY OF CHULA VISTA
RE: PROPOSED OTAY VALLEY ROAD WIDENING PROJECT
FINDINGS OF FACT
I. DESCRIPTION OF PROJECT
Otay Valley Road is proposed by the City to be widened from Interstate Highway 805
(I-80S) to the eastern City boundary. This portion of Otay Valley Road is approximately
8,800 feet in length and crosses lands within the City of Chula Vista's Otay Valley Road
Redevelopment Project Area. Otay Valley Road is presently two lanes for most of its
length, and increases in width to three and four lanes west of Brandywine Avenue and
Oleander Avenue, respectively. The proposed project is to widen Otay valley Road to
a six-lane prime arterial within a 128 foot right-of-way. The roadway will have a design
speed of 55 miles per hour. Project elements include a 16-foot landscaped median, six
12-foot driving lanes, two 8-foot emergency parking lanes, and 12 feet behind each
shoulder curb for sidewalks, landscaping and utilities. The proposed widening is
consistent with the City's General Plan and Otay Valley Road Redevelopment Plan.
The proposed widening will occur in two phases. Otay Valley Road widening from I-80S
to Nirvana Avenue will occur during Phase I, and is anticipated to begin in 1992. Phase
II will include the remainder of the road east of Nirvana, and is anticipated to be
constructed within five years of Phase I completion. Financing for the proposed project
will be funded by the formation of an Assessment District. Thus, approval of the
Assessment District is the financial method to implement the proposed project.
II. ADMINISTRATIVE RECORD
For purposes of CEQA and the findings set forth below, the administrative record of the
City Council decision on this project shall consist of the following:
1. The Draft and Final EIR for the project;
2.
All reports, memoranda, maps, letters and other planning documents prepared by
the environmental consultant and the City, that are not privileged under the Public
Records Act or any other relevant statutes;
:'-'.,
3. All documents submitted by members of the public, and public agencies in
connection with the proposed project;
4. Minutes and verbatim transcripts of all workshops, public meetings and public
hearings held by the City and Redevelopment Agency;
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5. Any documentary or other evidence submitted at workshops, public meetings and
public hearings; and
6. Matter of common knowledge to the City, which it considers, including but not
limited to, the following:
a. Chula Vista General Plan - 2010
b. Chula Vista Zoning Ordinance
c. Chula Vista Otay Valley Road Redevelopment Plan
d. Chula Vista Otay Valley Road Redevelopment Project Area Implemen-
tation Plan/Design Manual Addendum
e. Chula Vista Threshold/Standards Policy
f. Otay River Valley Redevelopment Area Sensitive Biological Resources
and Wetlands Delineation (1987).
ill. TERMINOLOGYITHE PURPOSE OF FINDINGS UNDER CEQA
Section 15091 of the CEQA Guidelines requires that, for each significant environmental
effect identified in an EIR for a proposed project, the approving agency must issue a
written fmding reaching one or more of the three allowable conclusions. The first is that
"[c]hanges or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the final
EIR." (Emphasis added.) The second potential finding is that "[s]uch changes or
alterations are within the responsibility and jurisdiction of another public agency and not
the agency making the finding. Such changes have been adopted by such other agency
or can and should be adopted by such other agency." The third permissible conclusion
is that [s]pecific economic, social or other considerations make infeasible the mitigation
measures or project alternative identified in the final EIR.
"'-1
As regards the first of the three potential findings, the CEQA Guidelines do not define
the difference between "avoiding" a significant environmental effect and merely
"substantially lessening" such an effect. The meaning of these terms therefore must be
gleaned from other contexts in which they are used. Public Resources code section
21081, on which CEQA Guidelines section 15091 is based, uses the term "mitigate"
rather than "substantially lessen." The CEQA Guidelines therefore equate "mitigating"
with "substantially lessening." Such an understanding of the statutory term is consistent
with Public Resources Code section 21001, which declares the Legislature's policy
disfavoring the approval of projects with significant environmental effects where there
are feasible mitigation measures or alternatives that could "avoid or substantially lessen"
such significant effects.
For purposes of these findings, the term "avoid" will refer to the ability of one or more
mitigation measures to reduce an otherwise significant effect to a less-than-si~nificant
~. In contrast, the term "substantially lessen" will refer to the ability of such measure
or measures to substantially reduce the severity of a significant effect, but not to reduce
effect to a level of insignificance. Although CEQA Guidelines section 15019 requires
only that approving agencies specify that a particular significant effect is "avoid[ed] Qr
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substantially lessen[ed], " these findings, for purposes of clarity, in each case will specify
whether the effect in question has been fully avoided (and thus reduced to a level of
insignificance) or has simply been substantially lessened (and thus remains significant).
Moreover, although Section 15091, read literally, does not require findings to address
environmental effects that an EIR identifies as merely "potentially significant," these
findings will nevertheless fully account for all such effects identified in the Final EIR.
IV. LEGAL EFFECf OF FINDINGS
To the extent that these findings conclude that various proposed mitigation measures
outlined in the Final EIR are feasible and have not been modified, superseded or
withdrawn, the City of Chula Vista (City) hereby binds itself and any other responsible
parties to implement those measures. These findings, in other words, are not merely
informational or hortatory, but constitute a binding set of obligations that will come into
effect when the City adopts a resolution approving the project.
V. MITIGATION MONITORING PROGRAM
As required by the Public Resources Code section 21081.6, the City Council of the City
of Chula Vista, in adopting these findings, also adopts a mitigation monitoring and
reporting program. The program is designed to ensure that, during project
implementation, the City and other responsible parties comply with the feasible mitigation
measures. That program is described in the document entitled, Otay Valley Road
Widening Project Mitigation Monitoring and Reporting Program.
VI. POTENTIALLY SIGNIFICANT EFFECfS AND MITIGATION MEASURES
The Final EIR identified a number of potentially significant environmental effects (or
"impacts") that the Otay Valley Road widening would cause, all of which could be
avoided through the adoption of feasible mitigation measures. These impacts are restated
below, followed by page numbers in the Final EIR where the impacts are discussed.
A. Geologic and soils impacts could occur from development of the roadway on the
unstable river wash, stream sediments and clay looms found in the area (FEIR,
p. 3-7).
B.
The project will result in the loss of 1.2 acres of Diegan Sage Scrub, 2.6 acres
of TamarisklMulefat Scrubland, 0.2 acre of Willow Riparian Woodland, and 0.2
acre of Freshwater Marsh. Construction activities would impact 1.1 acres of
TamarisklMu1efat Scrubland and 0.2 acre Diegan Sage Scrub (FEIR, p. 3-26 to
3-27).
....,
C. The road widening would conflict with the existing administration, workroom and
parking facilities of the City of Chula Vista Animal Shelter (FEIR, p. 3-38).
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D. The proposed project will accommodate traffic volumes that are expected to occur
along the widened roadway due to long term development and population growth
in the region. Congestion at roadway intersections is expected, including
Oleander Avenue, Brandywine Avenue, Nirvana Avenue, Maxwell Road, and at
both the northbound and southbound on-ramps to 1-805 (FEIR, p. 3-48 to 3-53).
E. Traffic congestion and hazards could result at the intersection of Otay Valley
Road and the Nelson & Sloan Rock Plant until the full widening of Otay Valley
Road occurs and the intersection with Paseo Ranchero is constructed (FElR
p. 3-52 to 3-53).
F. Paleontological resources may occur in the project area and could be impacted by
roadway development (FEIR, p.3-64).
G. Increases in noise levels from increased traffic along the roadway are projected
to exceed City guidelines for noise exposure (FEIR, p. 3-79 to 3-80).
The sub-sections below restate the above-identified impacts and set forth the mitigation
measures adopted to avoid the impacts.
A. GEOLOGY/SOILS
Potentially Significant Effect: Geologic and soils impacts could occur from
development of the roadway on the unstable river wash, stream sediments and
clay loams found in the area (FEIR, p. 3-7).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-8 to 3-9).
1. Unstable geology/soils materials will be removed or stabilized before
roadway construction begins. Surficial layers of organic soils, debris and
soft or loose deposits will be stripped from areas where fill will be placed.
2.
Compressive soils will be removed and replaced with properly compacted
fill. Expansive soils will be buried deep in fills and not within the
roadway section.
3. All slopes will be constructed at a minimum slope of 2.0 horizontal feet
to 1.0 vertical feet. Temporary chain link debris fences, with meshes of
1 to 1-112 inch square, will be installed with a geofabric material along
the bottom 18-24 inches of the fence to control silting in sensitive wetland
areas which could result from sediments in runoff.
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B. BIOLOGY
Potentially Significant Effect: The project will result in the loss of 1.2 acres of
Diegan Sage Scrub, 2.6 acres of TamarisklMulefat Scrubland, 0.2 acre of Willow
Riparian Woodland, and 0.2 acre of Freshwater Marsh. Construction activities
would impact 1.1 acres of TamarisklMulefat Scrubland and 0.2 acre Diegan Sage
Scrub (FEIR, p. 3-26 to 3-27).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-28).
1. Losses of wetland habitats will include TamarisklMulefat Scrubland,
Willow Riparian Woodland, and Freshwater Marsh totalling 3.0 acres,
and will be mitigated by the creation of new wetland areas within the river
valley. Any such mitigation will include extensive revegetation with
willow woodland and the use of San Diego marsh-elder to maximize value
to wildlife and mitigate for the loss to this sensitive plant species.
Mitigation will be at a 2: 1 acreage replacement ratio for wetlands lost.
2. The roadsides adjacent to native vegetation communities east of Nirvana
Avenue will be designed in a manner that would preclude the potential for
vehicle access or illegal dumping into the river bottom or onto the slopes.
Incorporation of guard rails or fences would be appropriate. Use of
thorny vegetation may also be used in conjunction with temporary fences.
3. The roadway slopes will be revegetated with native plant materials
indigenous to the area or which complement the existing native
communities, such as sage scrub or sycamore woodland species.
4.
Where construction activities are to occur in or adjacent to native
vegetational communities, work will be restricted to the delineated project
footprint by the placement of temporary construction fences or flagging
along both sides of the street. This measure is incorporated in the project
description.
5. If work site brushing occurs between April 1 and September 15, the
project site will be carefully examined by a qualified biologist prior to
clearing. Should the site be found to support nesting birds including Least
Bell's Vireo, Willow Flycatcher, or Yellow-breasted Chat, work within
300 feet of the nest site will be delayed until nesting has been completed.
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6. Following construction, the 2Q-foot wide construction corridor will be
recontoured to natural or lower levels and revegetated with native
vegetation favoring Willow and Mulefat Riparian Scrub with minor
elements of Diegan Sage Scrub.
These measures are consistent with the requirements and conditions of the U.S.
Army Corps of Engineers 404 permit for this project, which are hereby
incorporated by reference, and attached as Attachment . A . .
C. LAND USE
Potentially Significant Effect: The road widening would conflict with the existing
administration, workroom and parking facilities of the City of Chula Vista Animal
Shelter (FElR, p. 3-38).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final ElR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-39).
1. Impacts to the City's Animal Shelter will be mitigated through the
redesign of the site and relocation of parking, workroom and
administration facilities to the southern part of the property.
D. TRAFFIC
Potentially Significant Effect: The proposed project will accommodate increased
volumes which are expected to occur along the widened roadway due to long term
development and population growth in the region. Congestion at roadway
intersections is expected, including Oleander Avenue, Brandywine Avenue,
Nirvana Avenue, Maxwell Road, and at both the northbound and. southbound
on-ramps to 1-805 (FEIR, p. 3-48 to 3-53).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FElR, p. 3-53 to 3-54).
1. Signals will be installed as the City Engineer determines is appropriate in
order to meet the City's Traffic Threshold Standard.
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2. Maxwell Road will be restriped to provide a southbound left turn-lane at
its intersection with Otay Valley Road.
3. As required in the Mitigation Monitoring Program, traffic conditions will
be monitored by the City's Traffic Engineer to implement improvements
at the appropriate time.
Potentially Significant Effect: Traffic congestion and hazards could result at the
intersection of Otay Valley Road and the Nelson & Sloan Rock Plant until the full
widening of Otay Valley Road occurs and the intersection with Paseo Ranchero
is constructed (FEIR p. 3-52 to 3-53).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measures: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-54).
1. As an interim measure, roadway improvements at this intersection shall
be completed as part of Phase 1.
E. PALEONTOLOGY
Potentially Significant Effect: Paleontological resources may occur in the project
area and could be impacted by roadway development (FEIR, p.3-64).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measure: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-65).
1.
A qualified paleontologist will be at the pre-grade meeting to consult with
the grading and excavation contractors.
2.
A paleontology monitor will be on site at all times during the cutting of
previously undisturbed sediments through and immediately adjacent to the
Mission Valley formation to inspect cuts for contained fossils. In the
event that well-preserved fossils are discovered, the paleontological
monitor will be allowed to temporarily direct, divert or halt grading to
allow recovery of fossil remains in a timely fashion. Any fossil remains
collected will be cataloged and deposited (with landowner's permission)
at the San Diego Natural History Museum.
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F. NOISE
Potentially Significant Effect: Increases in noise levels from increased traffic
along the roadway (stated to occur with or without the project) are projected to
exceed City guidelines for noise exposure (FEIR, p. 3-79 to 3-80).
Finding: Changes or alterations have been required in, or incorporated into, the
project which will avoid the potentially significant environmental effect as
identified in the Final EIR.
Mitigation Measure: The following mitigation measures have been found to be
feasible and have been required either as a condition of approval or have been
made binding on the City through these findings (FEIR, p. 3-81).
1. A perimeter masonry wall, six feet high, will be installed at the back lot
line of some residences backing up to Otay Valley Road. The wall will
be at the top of the slope, to utilize slope height to increase the line of
sight break between traffic and rear yard receiver locations. (It should be
noted that a large percentage of the noise at the west end of the project
area comes from 1-805.)
G. CUMULATIVE EFFECTS
The Cumulative Impacts analysis was based on the list of proposed and planned
projects in the area, shown on Table 2.4-1 in the FEIR, and also on the
Cumulative Impacts analysis contained in the General Plan Update FEIR (since
the project is shown in the General Plan). In summary, cumulative impacts
would occur in the issue areas of flooding downstream, biological resources,
agricultural lands, traffic circulation, and noise. With the exception of
agricultural lands, the project's contribution to cumulative impacts have been
mitigated to a level below significance either through project mitigation measures,
or through adherence to standard City engineering and building requirements.
Regarding agricultural lands, the FEIR states that the project area is not primarily
agriculturally oriented, with prevailing uses being residential and light industrial,
and that loss of this acreage (3.9 acres) to the roadway does not create a project
significant impact.
VII.
INFEASffiILITY OF ALTERNATIVES OTHER THAN THE PROJECT
ALTERNATIVE
"'~:
The selection of project alternatives was based on CEQA's requirement of analysis of the No
Project Alternative, the General Plan description of roadway location, and a site constraints
analysis performed for this project (Otay River Valley Redevelopment Area Sensitive Biological
Resources and Wetlands Delineation [Michael Brandman Associates, 1987]). Three different
alternative alignments were evaluated subsequent to completion of this study before the proposed
alignment was chosen.
-8-
I'I-.).~
-Ii
The proposed project will not result in significant adverse impacts if all recommended mitigation
measures are implemented. Because the project's impacts have been mitigated below a level of
significance an analysis of the alternatives is not technically required. However, the
decisionmakers, after reviewing the EIR and in approving the project specifically reject the No
Project Alternative and the other alternatives for the following reasons:
No Project Alternative
The No Project Alternative consists of no action taken by the City of Chula Vista to construct
or implement the proposed project or either of the project alternatives. This alternative would
discourage future infill industrial growth along Otay Valley Road and inhibit economic growth
in the Otay Valley Road Redevelopment Area. This is contrary to the goals of the Chula Vista
Redevelopment Agency as set forth in the Otay Valley Road Redevelopment Plan. The plan
specifically calls for the correction of problems relative to circulation, infrastructure, and public
utility inadequacies. The No Action Alternative would also be inconsistent with the City of
Chula Vista's Draft General Plan Circulation Element roadway designation for Otay Valley
Road, which calls for a six lane prime arterial and major street standards for Otay Valley Road.
In addition, if this alternative is selected, the lack of capacity and low level of service on Otay
Valley Road could constrain future developments north, south, and east of the project. Future
development proposals that would contribute traffic to Otay Valley Road, or require the
extension of utility services along the roadway, would be affected most.
Locational Alternative 1
Locational Alternative 1 is the same as the project with the exception that the six lane roadway
would be reduced to a four lane roadway east of Nirvana. The right-of-way would thus be
decreased from 128 feet to either 100 feet or 84 feet (depending on design). The environmental
consequences of constructing Locational Alternative 1 would be identical or very similar to the
proposed project with respect to geology and soils, landform, land use, agriculture, aesthetics,
cultural and paleontological resources, and park, recreation and open space. The differences in
environmental impacts between Locational Alternative 1 and the proposed project are primarily
to biological resources and to traffic conditions.
Biolol!Y
\~,
This alternative reduces the right-of-way from 128 feet to 100 feet east of Nirvana
Avenue while retaining the same general road alignment as the proposed project.
Impacts of this alternative would generally parallel those of the proposed project with
only a slight reduction in magnitude. Loss of wetlands would total approximately 1.23
acres with proportionally fewer San Diego Marsh-Elder impacted.
Loss of habitat for riparian bird species would still be considered significant. Reducing
the right-of-way to 84 feet would lower the wetland impacts to 0.60 acre, still resulting
in significant adverse wetlands impacts. Under either the proposed project or the reduced
widths of the Locational Alternative 1, wetland impacts and impacts to the sensitive San
Diego Marsh-Elder are considered significant but mitigable through creation of replace-
ment wetland habitats including the heavy utilization of marsh elder in the plantings.
-9-
1'1-..2 7
~
Traffic
The City's recommended maximum traffic volume for a four lane major street is 30,000
VPD. The General Plan forecast volume at build-out is 26,000 VPD east of Nirvana
Avenue, thus the alternative of a four lane classification would seemingly be adequate.
Such a classification would require an amendment of the General Plan Circulation
Element. However, the roadway was not designed to be four lanes in this location
because of traffic circulation considerations. This segment of roadway is located between
Paseo Ranchero, which is planned as a six lane facility, and the rest of Otay Valley Road
to the west, which also requires six lanes. The volumes of traffic entering the Otay
Valley RoadIPaseo Ranchero intersection are projected to be 76,000 ADT. Thus, the six
lane width along this segment of Otay Valley Road is necessary in order to provide
sufficient capacity entering and exiting the intersection. Also, a short four lane segment
of road between six lane roads on either side could create congestion and hazardous
conditions.
Locational Alternative 2
The environmental consequences of constructing Locational Alternative 2 would be the same as
the proposed project and Locational Alternative 1 with respect to land use, agriculture, and
parks, recreation and open space. Environmental impact differences between Locational
Alternative 2 and the proposed project are identified for traffic conditions, biological resources,
cultural resources, geology and soils, and landform and aesthetics, as well as traffic. Impacts
to transportation are the same for Locational Alternative 2 as described above for Locational
Alternative 1. Overall, impacts on the remaining natural, cultural, and scenic resources would
be greater from Locational Alternative 2 than from the proposed project.
Biolo~y
Under this alternative all direct adverse impacts to the wetland habitats would be
eliminated. Due to the extensive slope cutting required, however, an extensive loss of
quality Diegan Sage Scrub habitat and a wide array of sensitive plans and animals
occurring on these hillsides would be severely impacted by this proposed alternative.
The biological impacts of this loss would be significant.
'\
The only known large population of Greene's Ground Cherry would be lost. Such a loss
is considered unmitigable. Also eliminated would be the dense stands of Coast Cholla
and the Fishhook Cactus population. The latter occurs in densities seldom seen in San
Diego County; moreover, the average size of specimens far surpasses other known
substantial populations. Also heavily impacted would be the State-listed endangered Otay
Tarwee population, along with significant colonies of Coast Barrel Cactus and
Cleveland's Golden Stars.
One pair of California Gnatcatchers would probably be lost from the slopes under this
alternative. The Orange-throated Whiptail population would also be impacted. The
Diegan Sage Scrub slopes which would be impacted are considered excellent gnatcatcher
habitat.
-10-
1'1-.). 8'"
......
"i,
Cultural Resources
Locational Alternative 2 would impact all of the cultural resource sites that will be
affected by the proposed project, and would additionally impact another potentially
significant site. Thus, Locational Alternative 2 is less preferred for cultural resources
than the proposed project.
Geology and Soils
Locational Alternative 2 would require cutting into the steep hillsides located in the
northeastern section of the project area. Soil conditions in this area consist of terrace
escarpments and are' considered to be unstable due to the presence of cobble strata.
Consequently, greater maximum slope ratios could be required (e.g., 4:1) thereby
increasing even further the amount of land disturbed. In addition, retaining walls, with
a maximum height of 20 feet, would most likely be required as mitigation. In summary,
Locational Alternative 2 is less preferred than the proposed project with respect to
geotechnical and soils constraints.
Landform! Aesthetics
Locational Alternative 2 would also result in significant landform impacts. This
Alternative would result in major landform alteration due to the amount of cutting that
would be required to achieve 2: 1 or 4: 1 slope ratios. Cut slopes would be required north
of the roadway for approximately one-half mile in the northeastern part of the project
area. Maximum height of cut slopes would be approximately 65 feet. Landform
modifications in this area would have significantly adverse impacts on landscape
aesthetics since this Alternative would result in strong visual contrasts with the current
natural hillsides and vegetation cover. Consequently, Locational Alternative 2 is less
preferable than the proposed project with respect to landform and aesthetics.
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J'I-.l7
C-2
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to CEQA Guidelines Section 15093, the Chula Vista City Council in approving the
Assessment District which implements the roadway which is the subject of the FEIR, having
considered the information contained in the FEIR, and having reviewed the public testimony and
record, makes the following Statement of Overriding Considerations in support of the Findings
and the action of the City Council approving the Assessment District.
All of the identified potentially significant project impacts have been mitigated to a 1eve11ess
than significant, as set forth in the Findings. The project also contributes to cumulative impacts.
However, as set forth on page 8, these impacts were deemed to be less than significant. The
City Council finds and concludes that the public benefits of the roadway project would outweigh
any significant and/or cumulative impacts. The City Council has reviewed and considered all
of the alternatives described in the Final EIR. The project selected by the Council was chosen
for two major reasons:
. It is consistent with the General Plan.
. It accommodates projected buildout traffic.
The alternatives were rejected by the Council:
. No Project Alternative -- because of inconsistency with the General Plan, lack of
roadway capacity for projected traffic volumes, and low level of service that
would result.
. Locational Alternative No.1 - because of inconsistency with the General Plan,
lack of roadway capacity necessary to handle future volumes of traffic utilizing
the Otay Valley Road/Paseo Ranchero intersection, poor traffic design, and
because this alternative does not reduce any impacts to a level below significant.
. Locational Alternative No.2 - because of equal or greater environmental impacts
associated with this slightly different alignment.
...4!
The decision makers find that the following factors support the approval. of the Assessment
District which implements the project, and therefore, sets forth and adopts the following
Statement of Overriding Considerations:
"t, 1. The roadway project is consistent with, and thus will fulfill attainment of the General
Plan designation as six lane prime arterial and major street, and the Redevelopment Plan
goal which. calls for the "development of a more efficient and effective circulation
corridor free from hazardous vehicular, pedestrian, and bicycle interfaces."
2. As set forth in the findings, mitigation measures have been incorporated into the Project
or made binding on the applicant through the adoption of the Findings, which reduce
impacts below a level of significance.
-12-
)ll3f/
...Ii
3. Approval of the Assessment District which implements the Project will result in the
following benefits:
. Restoration of approximately 6 acres of wetland within the Otay River floodway
(twice the impacted amount).
. Construction of needed roadway improvements commensurate with General Plan
requirements to serve existing and anticipated development in the area.
. Construction job opportunities in an economy which is currently suffering from
such opportunities.
. Construction of the roadway will permit, support, and help promote the further
industrial development of the Otay Valley area which includes over 200 acres of
undeveloped land zoned for light industrial land use. This will provide numerous
job opportunities in construction, business, and industry.
. Construction of the roadway will improve the public safety and aesthetics in the
area. The current facility is inadequate to support current and anticipated
volumes of traffic, and for most of its length does not include curb, gutters, or
sidewalks, has poor road surface conditions, and is visually cluttered with
overhead utility lines.
-'-\,
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J'lJ I
C-3
'OTAY VALLEY ROAD WIDENING PROJECT
MmGATION MONITORING PROGRAM
Monitoring Program Descriotion and Puroose
Public Resources Code ~ 21081.6 requires a lead or responsible agency that approves a project
where an Environmental Impact Report (EIR) has identified significant environmental effects,
to adopt a "reporting or monitoring program for adopted or required changes to mitigate or
avoid significant environmental effects. "
The City of Chula Vista is the lead agency for the Otay Valley Road Widening Project. A Draft
and Final EIR was prepared for this project which addressed potential environmental impacts
and, where appropriate, recommended measures to reduce substantially or avoid the impacts.
A Mitigation Monitoring Program is required to ensure that the adopted measures are
implemented. The City of Chula Vista will adopt this Mitigation Monitoring Program (MMP)
after considering the Final EIR.
Roles and Resoonsibilities
The MMP for the proposed project will be in place through both phases of the project, including
final design, pre-grading, construction and operation. The City of Chula Vista has the primary
enforcement role for the implementation of mitigation measures. The City's Environmental
Review Coordinator (ERC) will provide final approval for the completion of the implementation
of measures. The ERC will appoint a Mitigation Compliance Coordinator (MCC) who will be
responsible for the actual monitoring of the implementation of measures. The MCC will
interface with the ERC, the City Engineer, the City Landscape Architect, the Construction
Supervisor, and the Biological Monitor, all who have some responsibility for the implementation
of measures.
Mitigation Monitorine: Procedures
The MMP consists of Mitigation Monitoring Program Procedures, filing requirements, and
reporting and compliance verification. These procedures are outlined below.
~
Mitigation Monitoring Program Procedures: Table 1 identifies the procedures of the MMP. For
each mitigation measure, it states the monitoring activity, the timing of implementation of the
measure, and who is responsible for verifying that the measure has been implemented and for
'-'-1
[mal approval.
Mitigation Monitoring Program Files: Files shall be established to document and retain the
records of the MMP. The files shall be established, organized, and retained by the City of
Chula Vista Planning Department.
Reporting and Compliance Verification: The City's Mitigation Monitoring Report Forms are
designed to record the monitoring activity in a consistent manner with appropriate approvals.
-14-
Jt/~ ;:L
...!!
The forms will be completed and signed by the individuals responsible for the monitoring and
approval of the measures. These forms will be placed in the MMP mes.
Proe:ram Ooerations
The following steps shall be followed for implementation, monitoring, and verification of each
mitigation measure:
1. The City of Chula Vista, Environmental Review Coordinator (ERe), shall designate a
Mitigation Compliance Coordinator, who will be responsible for monitoring the
implementation of the mitigation measures.
2. The ERC shall provide to the MCC, the Mitigation Monitoring Report Forms; a copy
of Table 1; and other pertinent information.
3. The MCC shall coordinate the implementation of the mitigation measures and shall
complete a Form for each activity, and forward the report to the ERC for final approval.
4. All completed forms shall ~en be placed in the MMP meso
Mitigation measures shall be implemented as specified by the Mitigation Monitoring Program
Summary. During any project phase, unanticipated circumstances may arise requiring the
refinement or addition of mitigation measures. The ERC, with advise from staff, is responsible
for recommending changes to the mitigation measures, if needed. If mitigation measures are
refmed, the ERC would complete a Mitigation Monitoring Report Form documenting the
change, and shall notify the appropriate design, construction, or operations personnel about
refmed requirements.
[C:\WPS 1 \OVROAD\FINDINGS.TXT]
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RESOLUTION NO. 1 t,~ '1'1
RESOLUTION OF THE CITY OF CHULA VISTA FINDING
AND DETERMINING PUBLIC INTEREST AND NECESSITY
FOR ACQUIRING AND AUTHORIZING THE CONDEMNA-
TION OF CERTAIN REAL PROPERTY WlTIllN THE OTA Y
VALLEY ROAD STREET WIDENING PROJECT ALONG
OTAY VALLEY ROAD BETWEEN INTERSTATE 805 AND
THE EASTERN BOUNDARIES OF THE CITY, IN CHULA
VISTA, CALIFORNIA
WHEREAS, the City of Chula Vista is a chartered municipal corporation of
the State of California ("City"); and,
WHEREAS, in conjunction with its municipal purpose of providing
transportation facilities, the City has resolved to widen Otay Valley Road, currently a two
lane asphaltic roadway to a 6 lane prime arterial and major street between 1-805 and the
eastern City boundary, and have formed the Otay Valley Road Widening Assessment District
No. 90-2 consisting of various parcels contiguous or proximal thereto and benefitting
therefrom ("Project"), five of which include the parcels ("Properties") which are legally
described in Exhibits A-I through A-4 and diagramatically shown in the corresponding maps
designated as Exhibits B-1 through B-4, all of which are attached hereto and incorporated
herein by reference; and,
WHEREAS, at the regular meeting of the City Council held on May 26, 1992,
the City received substantial and convincing evidence that the public interest and necessity
require the project, and the Proposed Project is planned and located in a manner that will be
most compatible with the greatest public good and the least private injury, and in order to
effectuate the Project, the acquisition of the Properties are necessary.
WHEREAS, at said meeting, the City received substantial and convincing
evidence that the City engaged in good faith negotiations for the voluntary acquisition of the
Property which efforts included the extension of offers for the acquisition of same at fair
market value, and various meetings with the affected owner and interest holders in the
Property; and,
WHEREAS, at said meeting, the City received substantial and convincing
evidence that the acquisition of the Property is for a public use, to wit: the widening of a
transportation facility; and, .
ovr-rnl.wp
May 15, 1992
Reso of Necessity re Road Widening Project
Page 1
1'/ ~ '1~
WHEREAS, the City is authorized to acquire the hereinafter described real
property, or easement interest in real property, pursuant to California Code of Civil
Procedure Sections 1245.210 through 1245.270; and,
WHEREAS, at a regular meeting of the City Council held on Apri121, 1992,
("EIR Meeting"), the City Council reviewed and considered the environmental consequences
resulting from the proposed Project all as more fully set forth as the proposed project in the
EIR No. 89-01; and.as a result thereof, the City Council adopted, prior to the adoption of
this Resolution, Resolution No. 16599 at said EIR Meeting, fmding that the Environmental
Impact Report was prepared in compliance with CEQA ("Council Certification Resolution");
and,
WHEREAS, the City has considered all of the evidence submitted at the
hearing including the staff report;
NOW, THEREFORE, THE CITY OF CHULA VISTA DOES HEREBY
FIND, RESOLVE AND DETERMINE, BY A VOTE OF NOT LESS THAN TWO-
THIRDS OF ITS MEMBERS, AS FOLLOWS:
1. Findings Related to Necessity of Project.
a. Public Interest and Necessity Require the Project.
The public interest, convenience and necessity of the City of Chula
Vista, and its residents, require the Proposed Project in order to further the implementation
of the Otay Valley Road Redevelopment Project Area Plan, and provide consistency with the
City of Chula Vista's Updated General Plan.
b. Project Planned and Located for Greatest Public Good and Least
Private Injury.
Natural habitat and terrain concerns along with existing developed
properties are barriers which prohibit the road from being widened in another shape and/or
configuration without unnecessary harm to the public good and undue private injury. The
widening, planned for the south side of the road, is the only viable alternative due to. the
existance of existing subdivided and developed property, along with steep and substantial
slopes, along the north side of the road.
c.
Properties are Necessary for the Project.
ovr-ml. wp
May 15, 1992
It!, 'II
Reso of Necessity re Road Widening Project
Page 2
The property easements are necessary for the project since they are
located within the proposed right-of-way, slope easements and temporary construction
easements as illustrated in Exhibits B-1 through B-4.
2. Voluntary Offer to Purchase the Property Made.
The offer required by Section 7267.2 of the Government Code has been made
to the four (4) owners of record for the acquisition of the required easements to the five (5)
remaining parcels necessary for the project.
3. Authority to Proceed in Eminent Domain Granted.
The City of Chula Vista, and all appropriate officers, representatives and
attorneys is hereby authorized and empowered to acquire the easements to said Property by
condemnation in the name of the City of Chula Vista to be used for the municipal purpose of
enhancing a transportation facility, in accordance with the provisions of the Code of Civil
Procedures, and the Constitution of California related to eminent domain, and to that end, it
is authorized and directed to commence and to prosecute an action or actions in eminent
domain for the purpose of acquiring easements to the Property.
4. Retention of Eminent Domain Counsel Authorized.
The City Attorney for the City of Chula Vista, as General Counsel, and the
law firm of Daily & Heft, special attorneys for City are hereby authorized to prepare and
prosecute in the name of the City, such proceeding or proceedings in the proper court having
jurisdiction thereof, as are necessary for such acquisition; and to prepare and fIle such
pleadings, documents, briefs, and other instruments and to make such arguments and to take
such actions as may be necessary in the opinion of said attorneys to acquire for said City the
said real property. Said attorneys are specifically authorized to take whatever steps and/or
procedures are available to them under the Eminent Domain Law of the State of California
including but not limited to Code of Civil Procedure, Title 7, Chapters 1-12, Sections
1230.010-1273.050).
5. Compliance with CEQA Certified.
In previous proceedings held by the City Council, at the EIR Meeting, the
City Council, reviewed and certified the Final Environmental Impact Report ("FEIR") was
prepared in accordance with CEQA all as more fully set forth in the Council Certification
Resolution.
ovr-rnl. wp
May 15, 1992
Reso of Necessity re Road Widening Project
Page 3
1'1-- 'I)..
6. CEQA Findings
The Council has reviewed and considered the FEIR, No. 89-01, and has fully
considered the environmental effects of the project as shown therein. The City Council
hereby finds as follows:
a. Adoption of Findings.
The City Council has reviewed, considered, and wholly agrees with the
contents and does hereby approve, accept as its own, incorporate as if set forth in full herein,
and makes each and every one of the CEQA Findings of Fact attached hereto as Exhibit C-l,
except as noted below in subsection (c).
b. Certain Mitigation Measures Feasible and Adopted.
As more fully identified and set forth in Exhibit C-l attached hereto,
the City hereby finds, pursuant to Public Resources Code Section 21081 and CEQA Guide-
lines Section 15091, that the mitigation measures described in the FEIR as feasible are in fact
found by the City Council to be feasible, and will become binding upon the City.
c. Infeasibility of Alternatives.
As set forth in Exhibit C-l attached hereto, the City Council hereby
finds that none of the proposed project alternatives set forth in the Final EIR can feasibly and
substantially lessen or avoid the potentially significant adverse cumulative environmental ef-
fects that will not be substantially lessened or avoided by the adoption of all feasible
mitigation measures.
d. Adoption of Mitigation and Monitoring Program.
As required by Public Resources Code section 21081.6, the City hereby
adopts the mitigation monitoring and reporting program ("Program") set forth in Exhibit C-3,
incorporated herein by reference. The City hereby finds the Program is designed to ensure
that, during Project implementation, the Project proponent, and any other responsible parties,
implement the Project components and comply with the feasible mitigation measures
identified in the Exhibit C-3.
ovr-rnl.wp
May 15, 1992
Il/ r 0/;>
Reso of Necessity re Road Widening Project
Page 4
e. Statement of Overriding Considerations.
Even after the adoption of all feasible mitigation measures and
alternatives, certain significant or potentially significant adverse environmental effects caused
by the Project will remain. Therefore, the City hereby issues, pursuant to CEQA Guidelines
Section 15093 and as set forth in Exhibit C-2 attached hereto, a statement of overriding
considerations identifying the specific economic, social, and other considerations that render
that unavoidable significant adverse environmental effect acceptable.
PASSED AND ADOPTED this _ day of
the following votes:
, 1992, by
Ayes: ( ) Nader
( ) Moore
( ) Malcolm
( ) Rindone
( ) Grasser-Horton
Noes:
Absent:
Not Voting:
Tim Nader, Mayor
City of Chula Vista, California
Attest:
Beverly Authelet
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly Authelet, City Clerk, to the City of Chula Vista, do hereby certify that the above
and foregoing is a full, true and correct copy of Resolution No. _ and the same has not
been amended or repealed.
Dated:
,1992
Beverly Authelet
City Clerk
A.PP~~ as u/ F9
i~ I~ f
(
i,
Bruce M. Boogaard,
City Attorney
ovr-rn1.wp
May 15, 1992
Reso of Necessity re Road Widening Project
Page 6
I'I-l/f'
05-22-92
"
FRX
09:14
AeJuocCl......
ion
AfI.'U<;NDI':n IN :\SSEMllLY MAY 20,1992
AMENDED IN ASSEMBLY APHIL 21, 1992
AMENDED IN ASSEMBLY i\MJlCH 30, 1992
<:ALIYOIINIA l.I..t:lSJ."TVRI';_I!l9].!<2 1lj,;(;l}I..\1l ,~I';SSION
ASSEMBLY BILL
No. :J734
::="'-=---=:-="-::=-.~~--=--.:=..~"~..:...-~-;=-~:-,:.._-..:...r--=-<-=-=--__,"=-""",;:",
Intmdueed by Assembly Member IIallser
(Coal,thorN: Assembly Members Areiar, Hughes, and
Wyman)
(Coauthors: Semltors Deddoh IllJd (;roel/)
Februal')' 21, 1992
-=-r--_.--:="-",",=--~""'=..l=---='-,'="";""".....:::..a=.:.,,=--=.....-:=..-=---=-. ===:"
An act to amend Section 40980 of, to add Section.~ 40322.5,
40701.5. and 40704.5 to, to repeal and add Sections 40100 and
40152 of, and to repeal Section 40153 of, the Health and Safety
Code, relating to air pollution.
l.Ef:JSL.... T1VE COUNSF.L. DICEST
AU 3734, as amended, HausQr. Air pollution: district
governing boards.
(1) Under existing law, the goveflling board of a county air
pollution control district is ex officio the county bolll'd of
supervisors; the governing board of lL unified air pollution
control district is ex officio the board of SUpervisors of each
county <:omprising thci district; the govorning board of a
regional air pollution control district consists of an agreed
upon number of county supervisors and members of the city
sdection COlnmittee from each county, which committee
Coll8ists of the mayors of th~ cil'ios in the county; the
gov~rllinl'l board of the: Sacramento Metropolitan Air Quality
Management District consists of counly elected officials, as
specified; the: governing boards of the Bay Area Air Quality
Malla~ement Di'irict and the South Coast Air Quality
96tt'l
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05-22-92 FRI 09:14 Aduoeation
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