HomeMy WebLinkAboutAgenda Packet 2000/03/28 CITY COUNCIL AGENDA
March 28, 2000 -A- 6:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
CI'iY OF
CHULA VIS[A
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John S. Moot City Attorney
Stephen C. Padilia John M. Kaheny
Mary Salas City Clerk
Shirley A. Horton, Mayor Susan Bigelow
The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 47
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March 28, 2000
AGENDA ~'.~.:.'.'V~~~- '!,~>>td~
6:00 P.M.
CALL TO ORDER
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ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE: HUMAN RELATIONS COMMISSION - FRED ANTONIO
TINKER.
. OATH OF OFFICE: UBRARY BOARD OF TRUSTEES - SANDRA PASQUA.
. PRESENTATION BY CENSUS 2000 STREET THEATER: INTRODUCED BY
DEPUTY CITY MANAGER, DAVID PALMER.
CONSENT CALENDAR
(Items 1 through 8)
The staff recommendations regarding the following items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember, a member of the public, or City staff requests that the item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
1.
WRITTEN COMMUNICATIONS
"'>.
A. Letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on March 21, 2000, there were no
actions take which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
B. Letter of resignation from Vikki Opeodu, member of the Rent Review
Commission.
Staff recommendation: The resignation be accepted with regret and the City
Clerk be directed to post immediately according to the Maddy Act in the Office of
the City Clerk and the public library.
2 A. ORDINANCE AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF CHULA
VISTA TO PROVIDE SECTION 21623.5 ($5,000 RETIRED DEATH BENEFIT) TO
LOCAL MISCELLANEOUS AND SAFETY MEMBERS. (CONTINUED FROM THE
MEETING OF MARCH 7, 2000 SECOND READiNG AND ADOPTION)
B. AN EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA AUTHORIZiNG
AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM AND THE CITY COUNCIL TO PROVIDE SECTION 21623.5 ($5,000
RETIRED DEATH BENEFIT) TO LOCAL MISCELLANEOUS AND SAFETY
MEMBERS (4/5THS VOTE REQUIRED)
In 1999, enabling legislation was enacted that permits agencies contracting under the
California Public Employees' Retirement System to increase the lump sum death benefit
paid upon the death of a retiree to their survivors from the current $600 to $2,000,
$3,000, $4,000 or $5,000. These ordinances are required to amend the City's contract to
provide the $5,000 death benefit to the City's safety and miscellaneous retirees.
Staff recommendation: Council place the Ordinance on second reading for adoption and
adopt the Urgency Ordinance. (Director ofHuman Resources)
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTiNG BIDS, AWARDING CONTRACT FOR "CONSTRUCTION OF
SIDEWALK RAMPS ON VARIOUS STREETS IN THE CITY OF CHULA VISTA,
CALIFORNIA FY 1999/00 PROGRAM (STL-250)" AND AUTHORIZE THE
EXPENDITURE OF $2,989.44 FROM THE NATURE CENTER ROAD
RESURFACING PROJECT (STL-213)
On January 5, 2000 at 2:00 p.m. in Conference Room 2 and 3 in the Public Services
Building, the Director of Public Works received sealed bids for "Construction of
Sidewalk Ramps on Various Streets in the City of Chula Vista, CA FY 1999/00 (STL-
250)". The work to be done consists of removal of curb, gutter and sidewalk and the
construction of pedestrian ramps on various streets in the City of Chula Vista.
Staff recommendation: Council adopt the resolution. (Director of Public Works)
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH MCGILL
MARTiN SELF, INC., FOR PROJECT MANAGEMENT, PLAN REVIEW AND
FINANCIAL SERVICES FOR THE CONSTRUCTION OF OLYMPIC PARKWAY
AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT,
APPROPRIATING $925,600 FROM THE UNAPPROPRIATED BALANCE OF THE
TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO PROJECT
STM-331, AND APPROPRIATING $25,500 FROM THE UNAPPROPRIATED
BALANCE OF THE POGGI SEWER BASIN DEVELOPMENT IMPACT FEE FUND
TO PROJECT STM-331 (4/5THS VOTE REQUIRED)
Page 2 - Council Agenda 03/28/2000
The consultant, McGill Martin Self, Inc. (MMS), has been reviewing plans for the
construction of Olympic Parkway and the channel easterly of Brandywine and
coordinating the Olympic Parkway project, including its financing via a community
facility district. Staff recommends expanding the MMS contract to include Olympic
Parkway from Oleander Avenue to Brandywine, and extend project management services
through March of 2002 to ensure successful construction and timing of improvements of
this important roadway segment. With this amendment, an additional $2,041,000 in
funds is required, of which $925,600 is to be funded by CIP STM 331 and $25,500 is to
be funded by the Poggi Sewer development impact fees. Otay Ranch Company and
McMillin Land Development will fund the balance of the amendment. Total
compensation for the contract, including the second amendment, is $3,821,500.
Staff recommendation: Council adopt the resolution. (DirectorofPublic Works)
5. RESOLUTION AMENDiNG THE FISCAL YEAR 1999/00 BUDGET FOR THE CITY
CLERK'S DEPARTMENT TO APPROPRIATE $25,184 iN ADDITIONAL FUNDiNG
FOR OFFICE SUPPLIES AND UNANTICIPATED ELECTION COSTS
Approval of the resolution will add $3,000 to the City Clerk's budget for paper supplies
for the networked copier and $22,184 to the Elections budget to cover the costs of (1)
services provided by the Registrar of Voters to tabulate signatures on the solid waste
referendum petition ($13,484) and (2) two Charter amendments placed on the
March 7, 2000 ballot.
Staff recommendation: Council adopt the resolution. (City Clerk)
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDiNG THE FY 1999/00 BUDGET TO ADD SEVEN POSITIONS TO THE
HUMAN RESOURCES DEPARTMENT, ASSOCIATED EQUIPMENT AND
FURNISHiNGS AND ADDITIONAL FUNDiNG FOR VARIOUS OPERATiNG
ACCOUNTS, iNCLUDiNG ADVERTISiNG, HOURLY SALARIES, AND
PROFESSIONAL SERVICES; APPROViNG A FIRST AMENDMENT TO THE
CONTRACT WITH JOHN SHANNON ASSOCIATES TO COMPLETE PHASE II OF
THE CLASSIFICATION/COMPENSATION STUDY; WAIViNG THE
CONSULTANT SELECTION PROCESS AND AUTHORIZiNG THE ADDITIONAL
PAYMENT OF $45,000 TO WOLF CONSULTING GROUP TO FiNALIZE
EXECUTIVE/SENIOR MANAGEMENT ROLE DEFiNITION PROCESS; AND
APPROPRIATING $234,654 FROM THE UNAPPROPRIATED FUND BALANCE OF
THE GENERAL FUND AND $43,250 FROM THE UNAPPROPRIATED FUND
BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (DIF)
FUND, THERFOR (4/5THS VOTE REQUIRED)
The Human Resources Department is requesting the addition of seven full-time positions.
Two are related to increased recruiting levels; two are related to Phase II implementation
and subsequent maintenance of the Classification Plan; and three are to perform duties
and provide support in response to the increasing number and complexity of issues
associated with a greater number of employees and volunteers ($89,654 General Fund).
Also requested is funding for the associated supplies and office equipment for these
positions ($43,250 Public Facilities DIF); and, additional funding not directly related to
these positions for advertising, hourly salaries, and professional services ($145,000
General Fund).
Staff recommendation: Council adopt the resolution. (Director of Human Resources)
Page 3 -Council Agenda 03/28/2000
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDiNG THE CURRENT FISCAL YEAR BUDGET BY (I) ADDiNG ONE MID-
MANAGEMENT POSITION OF BATTALION CHIEF; AND CHANGING THE
TITLE OF FIRE MARSHAL (UNCLASSIFIED) TO ASSISTANT FIRE CHIEF
(UNCLASSIFIED) IN THE FIRE DEPARTMENT; AND (2) ADDING ONE SENIOR
MANAGEMENT ANALYST POSITION; RECLASSIFYiNG TWO PART-TIME,
HOURLY RECYCLiNG RANGER POSITIONS TO TWO RECYCLiNG RANGER I/II
AND ADDiNG ONE ADMINISTRATIVE TECHNICIAN POSITION IN
ADMINISTRATION; AND APPROPRIATiNG FUNDS THEREFOR BASED ON
UNANTICIPATED REVENUE (4/STHS VOTE REQUIRED)
The addition of and changes to positions in these two departments is requested to
continue to effectively meet the service demands on the City.
Staff recommendation: Council adopt the resolution. (Director of Human Resources)
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDiNG THE FY 1999/00 BUDGET OF THE PLANNiNG AND BUILDiNG
DEPARTMENT ADDiNG ONE NEW SENIOR CODE ENFORCEMENT OFFICER
TO BE FUNDED FROM SALARY SAViNGS AND APPROPRIATiNG $21,500
FROM THE AVAILABLE FUND BALANCE OF THE PUBLIC FACILITIES
DEVELOPMENT IMPACT FEE FUND FOR RELATED EQUIPMENT, AND
DIRECTING STAFF TO DEVELOP A PROACTIVE CODE ENFORCEMENT
PROGRAM FOR FUTURE IMPLEMENTATION (4/5THS VOTE REQUIRED)
An analysis of the City's existing Code Enforcement Program conducted by Zucker
Systems, a management consulting firm, has led to suggestions that the City consider
expansion of its current code enforcement program to include new proactive code
enforcement components, and that additional staffing would be required to implement
such components. In response to these recommendations, staff is suggesting a phased
approach to an expanded code enforcement program, beginning with the addition of a
Senior Code Enforcement Officer, and preparation of a detailed work program to be
included in the proposed FY 2000/01 budget.
Staff recommendations: Council adopt the resolution. (Department of Planning and
Building)
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any
issue not included on the agenda, but, if appropriate, the Council may schedule
the topic for future discussion or refer the matter to staff. Comments are limited
to three minutes.
Page 4 - Council Agenda 03/28/2000
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff or members of the public. The
items will be considered individually by the Council, and staff recommendations
may, in certain cases, be presented in the alternative. If you wish to speak on any
item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
9. CONSIDERATION OF APPROVAL OF A RESOLUTION AUTHORIZING
THE MAYOR TO ENTER A LAND OFFER AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND NM HOMES TWO, iNC., ET AL, FOR
CONVEYANCE OF 536.9 ACRES TO THE CITY FOR UNIVERSITY
PURPOSES
In 1999, the City Manager entered into a letter of intent with NM Homes Two,
Inc. and other associated companies. The City agreed to provide certain
considerations with regard to future entitlements for Otay Ranch Village 11, if
NM Homes Two, Inc. would agree to enter into an agreement under which it
would eventually convey 536.9 acres of a proposed university site to the City. At
this time, staff is bringing forward a proposed offer agreement between the City
and the property owner, under which the terms of the letter of intent would be
implemented.
Staff recommendation: Council adopt the RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR TO ENTER INTO A LAND
OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NM[ HOMES TWO,
INC., ET AL, FOR CONVEYANCE OF 536.9 ACRES TO THE CITY FOR UNIVERSITY
PURPOSES. (Director of Planning and Building)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
11. MAYOR'S REPORTS
A. Ratification of appointment to the Cultural Arts Commission - Christopher Redo
B. Ratification of appointment to the Commission on Aging - Alva Roberson
C. Ratification of appointment to the Veterans' Advisory Commission - Stephen
Mitlikin
D. Ratification of appointment to the International Friendship Commission - Lourdes
Sevilla
12. COUNCIL COMMENTS
ADJOURNMENT to the Regular Meeting of April 11, 2000, at 6:00 p.m. in the Council
Chambers.
Page 5 Council Agenda 03/28/2000
ow oe
CHULA VISTA
MEMORANDUM
March 23, 2000
To: The Honorable Mayor and City Council
From: David D. Rowlands, Jr., City Manager .~2~'/
Subject: Council Meeting of March 28, 2000
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday, March 28, 2000. Comments regarding the Written Communications are as
follows:
la. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on March 21, 2000, there
were no actions taken which are required under the Brown Act to be reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
1 b. IT IS RECOMMENDED THAT VIKKI OPEODU'S RESIGNATION FROM THE
RENT REVIEW COMMISSION BE ACCEPTED WITH REGRET AND THE CITY
CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE
MADDY ACT IN THE OFFICE OF THE CITY CLERK AND THE PUBLIC
LIBRARY.
DDR:mab
CIIY OF
CHULA VISTA
OFFICE OF THE CITY A'I'FORNEY
Date: March 22, 2000
To: The Honorable Mayor and City Council
From: John M. Kaheny, City Attorney~~/~ .
Re: Report Regarding Actions Taken in Closed Session
for the Meeting of 3/21/00
The City Council of the City of Chula Vista met in Closed Session
on 3/21/00 to discuss:
· CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
PrOperty: Approximately seven acres located on Bonita Road
adjacent to the Chula Vista Municipal Golf Course
Negotiating City of Chula Vista (Chris Salomone/Sid Morris)
Parties: The Phair Co., C.W. Clark and American Golf
Under Purchase price/lease rate and other terms and
Negotiation: conditions for possible disposition of City-owned
property
· CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)
Fritsch v. City of Chula Vista, USDC, 98-CV-0972-E(CGA)
· CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8
Property: 318 Fourth Avenue
Negotiating City of Chula Vista (Sid Morris), First
Parties: International Bank
Under
Negotiation: Price and terms for acquisition
The Redevelopment Agency of the City of Chula Vista met in Closed
Session on 3/21/00 to discuss:
· CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8:
276 FOURTH AVENUE · CHULA VISTA · CALIFORNIA 91910 · (619) 691-5037 · FAX (619) 409-5823
The Honorable Mayor and City Council
March 22, 2000
Page Two
Property: 644-041-07 through 644-041-07 (6.91 acres)
Negotiating Redevelopment Agency/City of Chula Vista (Chris
Parties: Salomone/Sid Morris) and Landbank (Kyle Cascioli)
Under
Negotiation: Price and terms for acquisition
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the City
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK: l gk
CITY OF CHULA VISTA
RECEIVED
Vikki R. Opeodu
P.O. Box211324 ~0 IRE17 A858
Chula Vista, CA
91921 (~ITY OF CHULA VI5~i
CiTY CLERK'S OFFICE
March 16, 2000
Mr. Tom Teagle, Chairman
Mobile Home Rent Review Commission
City of Chula Vista
276 Foudh Avenue
Chula Vista, CA 91910
Subject: Resignation effective March 16, 2000
Attention: Rent Review Commissioners and City Clerk's Office
At the close of the rent review commission meeting this evening, March 16, 2000,
I will render an official resignation from this board.
I have delayed this decision up to now to allow time for the appointment of an
additional Commissioner. Now that the new Rent Review Commissioner has
been appointed to the board - I understand, last Tuesday, March 7, 2000; I feel
confident that my resignation will have minimal impact upon this fine board.
As you implement the rent review ordinance, on behalf of mobile home park
owners and coach owners, I wish you all the best. I know that God will grant you
wisdom and peace as you make decisions for the Chula Vista community.
Respectfully,
Vikki R. Opeodu
Rent Review Commissioner
P.S. I will also provide a copy of this letter to the City of Chula Vista Clerk's
Office to inform them of the same.
cc: Chuta Vista City Clerk
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 3/28/00
ITEM TITLE: a) Ordinance Authorizing an amendment to the contract
between the Board of Administration of the Public Employees'
Retirement System and the City Council of the City of Chula Vista to
provide Section 21623.5 ($5,000 Retired Death Benefit) to local
miscellaneous and safety members. (Second Reading and
Adoption)
b) Emergency Ordinance , Authorizing an amendment to the
contract between the Board of Administration of the Public Employees'
Retirement System and the City Council of the City of Chula Vista to
provide Section 21623.5 ($5,000 Retired Death Benefit) to local
miscellaneous and safety members.
SUBMITTED BY: Director of Human Resources ~ 4/5ths Vote: Yes X No )
REVIEWED BY: City Manager/(..;~;~
In 1999, enabling legislation was enacted that permits agencies contracting under the
California Public Employees' Retirement System (CalPERS), to increase the lump sum
death benefit paid upon the death of a retiree to their survivors from the current $600 to
$2,000, $3,000, $4,000 or $5,000. These ordinances are required to amend the City's
contract to provide the $5,000 death benefit to the City's safety and miscellaneous retirees.
RECOMMENDATION: That Council place on second reading and adopt the Ordinance
(a), which will amend the contract between the Board of Administration of the California
Public Employees' Retirement System and the City of Chula Vista to provide Section
21623.5 ($5,000 Retired Death Benefit) for local miscellaneous members and local safety
members. It is further recommended that Council adopt an Emergency Ordinance.
BACKGROUND: In 1999, enabling legislation was enacted that permits agencies
contracting under the California Public Employees' Retirement System (CalPERS), to
increase the lump sum death benefit paid upon the death of a retiree to their survivors from
the current $600 to $2,000, $3,000, $4,000 or $5,000.
The Border Chapter of the Retired Public Employees Association forwarded a request to
the Mayor and City Council requesting that the City consider increasing the benefit to at
Item c~
Meeting Date 3~28~00
Page2
least $2,000.
In order to ascertain the fiscal impact of increasing these benefits and as required by
PERS for this type of contract amendment an actuarial valuation was requested.
Valuations for all benefit levels and for both miscellaneous and safety employees were
requested. A survey of nineteen (19) Southern California cities was conducted to
determine what they are doing in terms of this PERS contract option. Responses were
received from fourteen (14) of the cities surveyed.
Survey Results Of the cities responding, only Solana Beach is currently looking into the
enhancement and only for their Firefighters. They have requested actuarial valuations for
the $4,000 and $5,000 levels. The remainder of the cities indicated that their employee
groups had not brought the issue forward and that they were not instigating contract
enhancements themselves. Some also indicated that if any such enhancements were to
be considered they would be part of the next contract negotiations.
Actuarial Valuation Results As expected, this is a relatively inexpensive benefit to
provide. Following are the cost estimates as calculated by our Finance Department to
implement the various benefits:
Employee Group $2,000 $3,000 $4,000 $5,000
Net Rate Impact Net Rate Impact Net Rate Impact Net Rate Impact
Net Cost Net Cost Net Cost Net Cost
Miscellaneous
Employees 0% 0% 0% 0%
(Term of impact -
21 Years) 0 % 0% 0% 0%
Safety Employees 0.054% 0.090 % 0.127% 0.162 %
(Term of impact -
20 years) $7,236 I $12,060 $17,018 $21,708
Government Code Section 7507 requires that the future annual costs of the proposed
contract amendment be made public at a public meeting at least two weeks prior to the
adoption of the final Ordinance. Council's March 7th action and this report have fulfilled
those requirements.
Item
Meeting Date 3~28~00
Page3.~
Disclosure of the cost of this Contract Amendment
Miscellaneous Plan:
1 ) Change in the present value of Benefits~ $574,644
2) Change in the Unfunded Accrued Liability2 $503,477
3) Change in the employer rate 0.0%
Safety Plan:
1 ) Change in the Present Value of Benefits3 $263,898
2) Change in the Unfunded Accrued Liability4 $236,207
3) Change in the employer rate 0.162%
Based on the relatively small fiscal impact and the additional benefit to be had, it is
recommended that the contract be amended to provide the $5,000 retired death benefit.
~ The present value of benefits represents the total dollars needed today to fund all future benefits for current members of the
plan, i.e. without regard to future employees. The difference between this amount and current plan assets must be paid by
future employee and employer contributions. As such, the change in the present value of benefits due to the plan amendment
represents the "cost" of the plan amendment.
2 As of each June 30, the actuary calculates the "deSirable" level of plan assets as of that point in time by subtracting the
present value of scheduled future employee contributions and future employer normal costs from the total present value of
benefits. This resulting "desirable" level of assets is called the accrued liability. A plan with assets in excess of the plan's
accrued liability (as is the City's) is "ahead of schedule" or is said to have excess assets. and can temporarily reduce future
contributions. Before the proposed amendment, the City's current accrued liability for miscellaneous employees is
$70,475,075. Our assets exceed the liability by $17,036,070 or 124.2% funded. This means that we have excess funds
available to cover the cost of this benefit amendment, and the resulting change in the employer rate due to this amendment is
0.0% over 20 years. This should be considered the immediate short-term change in our plan's employer contribution rate due
to the plan amendment. The change in the "Normal" cost (+.048%) ($13,500) may be much more indicative of the long-term
change in the employer contribution rate due to the plan amendment.
~ The present value of benefits represents the total dollars needed today to fund all future benefits for current members of the
plan, i.e. without regard to future employees. The difference between this amount and current plan assets must be paid by
future employee and employer contributions. As such, the change in the present value of benefits due to the plan amendment
represents the "cost" of the plan amendment.
' As of each June 30, the actuary calculates the "desirable" level of plan assets as of that point in time by subtracting the
present value of scheduled future employee contributions and future employer normal costs from the total present value of
benefits. This resulting "desirable" level of assets is called the accrued liability. A plan with assets in excess of the plan's
accrued liability (as is the City's) is "ahead of schedule" or is said to have excess assets, and can temporarily reduce future
contributions. Before the proposed amendment, the City's current accrued liability for safety employees is $91,279,257. Our
assets exceed the liability by $13,777,001 or 115.1% funded. This means that we have excess funds available to cover the
cost of this benefit amendment for a period of time. Since the change in the liability is amortized over 20 years, the resulting
change in the employer rate due to this amendment is .162% or $21,708 per year in additional employer contributions. This
should be considered the immediate short-term change in our plan's employer contribution rate due to the plan amendment.
The change in the "Normal" cost (+.021%) ($2,814) may be much more indicative of the long-term change in the employer
contribution rate due to the plan amendment.
Item ~
Meeting Date 3/28/00
Page4
Contract Amendment Process
The process set out by CalPERS for contract amendments is very specific. This item is
being presented tonight as an announcement of the City's intention to amend our
contracts and to present the first reading of the ordinance. CalPERS require that there
be a 20-day period between the adoption of the Resolution of Intention and the adoption
of the final Ordinance. This is pursuant to Government Code Section 20471. There are
no exceptions to this law. Today is the second reading and final adoption of this
Ordinance. The effective date of the contract amendment will be May 5, 2000, unless the
Emergency Ordinance is also passed today which will make the effective date of the
contract amendment April 7, 2000.
Fiscal Impact: The direct annual cost of this Council Action will be an estimated
$21,708 per year for Safety Members and $0 for Miscellaneous Members. The actual
"cost" of these amendments is a total of $838,542 ($263,898 for Safety Members and
$574,644 for Miscellaneous Members and are paid in part via excess assets). These
costs are amortized over 20 years. The "normal" annual cost of this amendment, that is if
there were no excess assets, would be $2,814 for Safety and $13,500 for Miscellaneous
employees.
Exhibits:
1) Amendment To Contract Between the Board of Administration California Public
Employees' Retirement System and the City Council of the City of Chula Vista.
TAE/te
CalPERS
EXHIBIT
California
Public Employees' Retirement System
AMENDMENT TO CONTRACT
Between the
Board of Administration
CMifomia Public Employees' Retirement System
and the
City Council
City of Chula Vista
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective
October 1, 1948, and witnessed August 31, 1948, and as amended effective October 1,
1951, November 1, 1955, January 1, 1960, January 1, 1961, September 1, 1967,
September 28, 1973, October 4, 1973, October 8, 1976, April 16, 1981, January 8,
1982, Septem,ber 28, 1984, July 3, 1987, October 13, 1989, September 27, 1990,
November 16, 1990, January 4, 1991, September 6, 1991, October 7, 1994, June 28,
1995 and May 29, 1998 which provides for participation of Public Agency in said
System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective May 29, 1998, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 50 for local safety
members.
D-D i' ,,OT SiGN "" ',, -
· Xn,B!i
2. Public Agency shall participate in the Public Employees' Retirement
System from and after October I, 1948 making its employees as
hereinafter provided, members of said System subject to all provisions of
the Public Employees' Retirement Law exoept such as apply only on
ele~ion of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by
express provisions thereof, apply only on the election of a contracting
agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
5. Effective October 4, 1973 and prior to January 1, 1975, those members
who were hired by Public Agency on a temporary and/or seasonal basis
not to exceed 6 months were excluded from PERS membership by
contract. Government Code Section 20336 superseded this contract
provision by providing that any such temporary and/or seasonal
employees are excluded from PERS membership subsequent to January
1, 1975. Legislation repealed and replaced said Section with Government
Code Section 20305 effective July 1, 1994.
6. This contract shall be a continuation of the contract of the Montgomery
Fire Protection District, hereinafter referred to as "Former Agency"· The
accumulated contributions, assets and liability for prior and current service
under the Former Agency's contract shall be merged pursuant to Section
20508 of the Government Code. Such merger occurred January 1, 1988.
a. All benefits provided under this contract shall apply to all past
service for former employees of the Montgomery Fire Protection
District.
PLEASE DO NOT SiGN "EXHIBIT ONLY"
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member shall
be determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21362 of said Retirement Law (2%
at age 50 Full).
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20965 (Credit for Unused Sick Leave).
b. Section 20425 ("Local Police Officer" shall include employees of a
police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members on or before September 28, 1973).
c. Section 21325 (Special 3%-15% Increase) for or on behalf of those
local miscellaneous members and those local safety members who
retired or died prior to January 1, 1974.
d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance)
for local safety members only.
e. Section 20516 (Public Agency and its employees have agreed to
share the cost of the following benefit):
· Section 21362 2% @ 50 Full formula
From and after September 28, 1984 to July 1, 1985 the safety
employees of Public Agency shall be assessed an additional
0.341% of their compensation for a total contribution rate of 9.341%
pursuant to Government Code Section 20516.
f. Section 21574 (Fourth Level of 1959 Survivor Benefits).
g. Section 20042 (One-Year Final Compensation).
h. Section 20426 ("Local Police Officer" shall include any officer or
employee of a police department employed to perform
communication duties and who ejected to become a local safety
member on August 25, 1973).
PLEASE LO :x,.;: o,u.xONLY"
i. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
j. Section 21623.5 ($5,000 Retired Death Benefit).
10. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
October 8, 1976. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
11. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
14. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments betwe~,n the employee and the Board.
B. This amendment sh~eff.~ctive on the __ day of .,
BOARD OF ADMINISTR,-~'ION CITY COUNCIL
PUBLIC EMPLOYEES~:,-~,~'TIREMENT SYSTEM CITY OF CHULA VISTA
BY '--,- BY
KENNETH W. ,M/kRZION CHIEF PRESIDING OFFICER
ACTUARIAL &,-~PLOYER SERVICES DIVISION ,,~,~
PUBLIC EMPL"OYEES' RETIREMENT SYSTEM
c~' ':'-j'--'
z, ~ Witness Date
Attest: /'
Clerk
AMENDMENT
PERS-CON-70ZA (Rev. 8\96)
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CHULA VISTA AUTHORIZING AN AMENDMENT 4E
CONTRACT BETWEEN THE CITY COUNCIL FY OF
CHULA VISTA AND THE BOARD OF ADMINI,< OF THE
CALIFORNIA PUBLIC EMPLOYEES' SYSTEM.
The City Council of the City of Chula Vista does ordain as follows:
Section 1.
That an amendment to the contract between the City Council of the City of Chula
Vista and the Board of Administration, California Public Employees' Retirement
System is hereby authorized, a copy of said amendment being attached hereto,
marked Exhibit, and by such reference made a part hereof as though herein set
out in full.
Section 2.
The Mayor of the City Council is hereby authorized, empowered, and directed to
execute said amendment for and on behalf of said Agency.
Section 3.
This Ordinance shall take effect thirty (30) days after the date of its adoption, and
prior to the expiration of fifteen (15) days from the passage thereof shall be
published at least once in the Chula Vista Star News, a newspaper of general
circulation, published and circulated in the City of Chula Vista and thence forth
and thereafter the same shall be in full force and effect.
Presented by: Appreved as to form by:
David D. Rowlands, Jr., City Manager ~//~M. Kaheny, City Attorn~
C:XMy Documents\RM's A I 13\RETDEATHBENF ORDS RESO.doc
ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE CITY OF CHULA VISTA
AUTHORIZING AN AMENDMENT TO THE CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL TO PROVIDE SECTION 21623.5
($5,000 RETIRED DEATH BENEFIT) TO LOCAL
MISCELLANEOUS AND SAFTEY MEMBERS
WHEREAS, there are a number of retired employees who have dedicated
years of service to the City who requested nearly a year ago that the City amend
the contract with CalPERS to increase the Section 21623.5 (Retired Death
Benefit) from $600 to $5,000; and
WHEREAS, since this provision takes effect only when a retiree dies, and
if this death occurs prior to the completion of the normal referendum period, the
retiree's survivor would not be entitled to the increased benefit; and
WHEREAS, this benefit needs to be implemented as soon as possible to
avoid possible detrimental financial consequences to these survivors.
The City Council of the City of Chula Vista does ordain as follows:
SECTION 1: That an amendment to the contract between the City
Council of the City of Chula Vista and the Board of Administration, California
Public Employees' Retirement System to provide Section 21653.5 ($5,000
Retired Death Benefit) to local miscellaneous and safety members is hereby
authorized, a copy of which is attached hereto, and by such reference made a
part hereof as though herein set out in full.
SECTION 2: The Mayor of the City Council is hereby authorized,
empowered, and directed to execute said amendment for and on behalf of said
Agency.
SECTION 3: Pursuant to Section 311 of the Chula Vista Charter, the City
Council hereby declares that this Ordinance shall be effective immediately as an
emergency measure upon its first reading and adoption if passes by a four-fifth's
vote of the City Council. This Ordinance shall expire when Ordinance No. 2806
takes full force and effect.
Presented by: Approved as to form by:
David D. Rowlands, Jr., City Manager /nM. Ka y
COUNCIL AGENDA STATEMENT
Item
Meeting Date 3/28/00
ITEM TITLE: Resolution Accepting bids, awarding contract for
"Construction of Sidewalk Ramps on Various Streets in the City of Chula
Vista, CA FY 1999-00 (STL-250)" and authorize the expenditure of
REVIEWED BY: City Manager ('~t ~Y (4/5ths Vote: Yes No X )
At 2:00 p.m. on January 5, 2000 in Conference Room 2 and 3 in the Public Services Building, the
Director of Public Works received sealed bids for "Construction of Sidewalk Ramps on Various
Streets in the City of Chula Vista, CA FY 1999-00 (STL-2505". The work to be done consists of
removal of curb, gutter and sidewalk and the construction of pedestrian ramps on various streets in
the City of Chula Vista. The location and type of sidewalk ramp to be constructed is summarized
in Table I (Attachment A).
RECOMMENDATION: That Council accept bids and award a contract for "Construction of
Sidewalk Ram. ps on Various Streets in the City of Chula Vista, CA FY 1999-00 (STL-250)" to
Jimenez Inc., DBA MJC Construction, in the amount of $37,150.00 and authorize the expenditure
of $2,989.44 from the Nature Center Road Resurfacing project. (STL-213).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for this project were budgeted in the FY 1999-00 Capital Improvements Program (CIP)
budget. This is an annual program funded with Community Development Block Grant funds
(CDBG). Its purpose is to construct as many sidewalk ramps as possible with the allocated funds
at various locations throughout the City. The locations are generally near schools, shopping areas,
bus routes or in many cases where we have had specific requests by property owners to install the
sidewalk ramps.
Bids for this project were received from eight contractors as follows:
Contractor Bid Amount
1. Jimenez Inc., DBA MJC Construction, Chula Vista, CA $37,150.00
2. Gypsy Queen Inc., National City, CA 40,475.00
3. Ron Locke Congmction, San Diego, CA 41,639.00
4. Marque'z Constructors, Spring Valley, CA 48,599.00
Page 2, Item 5'
Meeting Date 3/28/00
Contractor Bid Amount
5. Viking Engineering, Inc., San Diego, CA 49,768.75
6. Kodiak Management, Inc., San Diego, CA 75,457.00
7. Premier Contractors, Tustin, CA 87,447.00
8. Rutledge Joint Venture, Lemon Grove, CA 96,887.00
Staff received excellent bids for the proposed work. The low bid, submitted by Jimenez Inc., DBA
MJC Construction is below the Engineer' s estimate of $37,229.00 by $58.50 or 0.20%. Staff' s base
bid estimate was based on average prices for similar type work completed the last two years. Based
on the low bid, forty-one (41) sidewalk ramps will be constructed. Jimenez Inc., DBA MJC
Construction has done other work for the City and that work has been satisfactory.
Contract Amount Revision
The contract documents allow the City to decrease or increase the unit quantity for the construction
of additional sidewalk ramps without a change in the contract unit price bid by the Contractor.
Based on the bid amount and the amount of money available in the funding source for construction
purposes, we estimate that we can build approximately six (6) additional sidewalk ramps.
Attachment B shows a table listing locations for the additional sidewalk ramps to be constructed.
The sidewalk ramps not constructed in Attachment B will be on the priority list for the Fiscal Year
2000-01 program.
Three additional sidewalk ramps am being added to the Nature Center as pan of the Road
Resurfacing project (STL-213). The sidewalk ramps were intended to be added at the completion
of the msurfacing project, but were not done. The Director of the Nature Center has requested that
this work be completed, with funds remaining from the resurfacing project. These ramps will be
added to the STL-250 project, bringing total number of sidewalk ramps to be constructed to 50.
Disadvantaged Business Enterprise Goal
The bid documents set forth participation requirements per Federal Regulation for meeting the
disadvantaged and women-owned business goals. Judith Atwood, Community Development
Specialist, has reviewed the bid documents submitted by the three lowest bidders. Her conclusion
is that the lowest bidder, Jimenez Inc., DBA MJC Construction meets the Minority and Women
Business Enterprise (MBE/WBE) goals (See Attachment C).
Staff also reviewed Jimenez Inc., DBA MJC Construction eligibility status with regard to federal
procuremerit programs and the status of the State contractor's licenses. Jimenez Inc., DBA MJC
Construction is not listed as excluded from Federal Procurement Programs (list of parties excluded
from Federal procurement or non-procurement programs as of April 5, 1998).
Page 3, Item ,..,.
Meeting Date 3/28/00
The low bidder has satisfactorily met all the requirements. Staff, therefore, recommends awarding
the contract to Jimenez Inc., DBA MJC Construction, Chula Vista.
Disclosure Statement
A copy of the contractor' s disclosure statement is attached as Attachment D.
Prevailing Wage Statement
The source of funding for this project is Community Development Block Grant Funds. Prevailing
wage scales are those determined by the Federal Department of Labor.
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project for the ADA
curb cuts and has determined them exempt under Section 15301 (d), Class 1 of the California
Environmental Quality Act (Restoration of Existing Public Improvements or Public Structures).
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $37,150.00
B. 3 Added Ramps for Nature Center $2,989.44
C. Staff Costs (Design, Construction & Inspection) $3,000.00
D. 6 Additional Ramps perTable II $5,100.00
E. Construction Contingencies (10%) $4,750.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $52,989.44
FUNDS AVAILABLE FOR CONSTRUCTION
A. 1999-00 ADA Curb Cut Annual Program (CDBG) $50,000.00
B. Expend remaining Funds from Nature Center Road Resurfacing $2,989.44
Project (STL-213)
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $52,989.44
The above action awarding of the contract will authorize a total expenditure of $50,000.00 from the
budgeted CIP project, and an additional expenditure of $2,989.44 from STL-213. After construction,
only routine City maintenance will be required.
Attachments: A ~ Table I
C - Memo from Community Development
D - Contractor's Disclosure Statement
H:'d-IOMEXENGINEERXAGENDA\STL250-A,wpd
File No: 0735 10-STL 250
ATTACHHENT C
Memo
To: Ben Herrera, Assistant Engineer II, Design Section
From= Judith Atwood, Community Development Specialist II ~,1~
Date= 03/08/00
Re= DBE Review of STL 250
I have reviewed the lowest bid estimate from Jimenez Inc. DBA MJC Construction and have
determined that, as the pdme contractor, MJC has met the DBE requirements and has
submitted the required DBE Certification to the Housing Division.
Since I was not present at the contractor~s bid meeting, am attaching the most recent
prevailing wages for the construction project.
If you should have any questions regarding this memorandum, please call me at extension
5036.
Page 1
I THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
YoU are required to fie a Slatemerit of Disclosure of certain ownership or financial interests, payments. or campaign conwibutions. on all
I ma~,s which will require diacretiona~ action on the part of the City Council, Planning Commission, and all other official bodies. The
following information must be disclosed:
i1. List the names of all persons having a financial interest in the property which is the subject of the application or the ConUact, e.g.,
owner, applicant, Contractor, subcontractor, material supplier.
I 2. If any person* identified pursuant to ( 1 ) above is a corporation or parlnership, list the names of all individuals owning more than
10% of the shares in the corporation or owning any parmership interest in the parmership.
3. If any person* identified pursuant to ( 1 ) above is non-profit organization or a Wust, llst the names of any person serving as director
of the non-profit organizatioTstee or beneficiary or ~ustor of the Wust.
/
/
5. Please identify each end every person, including any agents, employees, consultants, or independent Contractors who you have
assigned to represent you before the City in this matter.
* * * (NOTE: Attached additional a~~Ta~* * * '
D,e: I - Og'- O0
atureofConlnctor/Applicant '~
Print or type name of Conlractor/Applicant
* Person i$ de~ned as: "an~ individual, firm, co-partnership, joint venture, association, social club, fi'aternal organization, corporation,
e~tme, trust. re~eiver, ~ndieate, this and any other county, cit~ or country, city municipality, district, or other political sl~bdivjsjon, or
any other group or combination acting as a unit.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, AWARDING CONTRACT
FOR "CONSTRUCTION OF SIDEWALKRAMPS ON VARIOUS
STREETS IN THE CITY OF CHULA VISTA, CALIFORNIA
FY 1999-00 PROGRAM (ST-250)" AND AUTHORIZE THE
EXPENDITURE OF $2,989.44 FROM THE NATURE
CENTER ROAD RESURFACING PROJECT (STL-213)
WHEREAS, at 2:00 p.m. on January 5, 2000 in Conference
Room 2 and 3 in the Public Services Building, the Director of
Public Works received the following eight sealed bids for
"Construction of Sidewalk Ramps on various streets in the City of
Chula Vista, California FY 1999-00 Program (ST-250):
Contractor Bid amount
Jiminez Inc., DBA MJC Construction - Chula Vista $37,150.00
Gypsy Queen Inc. - National City $40,475.00
Ron Locke Construction - San Diego $41,639.00
Marquez Constructors - Spring Valley $48,599.00
Viking Engineering, Inc. - San Diego $49,768.75
Kodiak Management, Inc. San Diego $75,457.00
Premier Contractors - Tustin $87,447.00
Rutledge Joint Venture - Lemon Grove $96,887.00
WHEREAS, the low bid, submitted by Jimenez Inc., DBA MJC
Construction, is below the Engineer's estimate of $37,229.00 by
$58.20 or 0.20%; and
WHEREAS, Jimenez., Inc. has done other work for the City
and that work has been satisfactory, staff, therefore, recommends
the contract be awarded to said company; and
WHEREAS, the contract documents allow the City to
decrease or increase the unit quantity for the construction of
additional sidewalk ramps without a change in the contract unit
price and it has been requested that three additional sidewalk
ramps be added to the Nature Center as a part of the Road
Resurfacing Project; and
WHEREAS, the bid documents set forth participation
requirements per Federal Regulation for meeting the disadvantaged
and women-owned business goals and in reviewing the bid documents,
it has been determined that the lowest bidder meets the Minority
and Women Business Enterprise goals; and
WHEREAS, the source of funding for this project is
Community Development Block Grant Funds and prevailing wage scales
are those determined by the Federal Department of Labor; and
WHEREAS, the City's Environmental Review Coordinator has
reviewed the work involved in the project for the ADA curb cuts and
has determined them exempt under Section 15301 (d), Class 1, of the
California Environmental Quality Act (Restoration of Existing
Public Improvements or Public Structures).
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept said eight bids and award
the contract for construction of sidewalk ramps on various street
in the City of Chula Vista to Jimenez, Inc. DBA MJC Construction in
the amount of $37,150.00.
BE IT FURTHER RESOLVED that staff is hereby authorized to
increase quantities under the approved contract and authorize the
expenditure of $2,989.44 from the Nature Center Road Resurfacing
Project (STL-213) for three additional ramps at the Nature Center.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula Vista.
Presented by Approved as to form by
John P. Lippitt, Director of t~hrneyKaheny C~
Public Works ~ ~' ' ' ~ ·
h:\home\lorraine\rs\sidewalk,rmp
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date3/28/O0
ITEM TITLE: Resolution Approving a second amendment to the
agreement with McGill Martin Self, Inc., for Project Management, Plan
Review and Financial Services for the Construction of Olympic Parkway
and authorizing the Mayor to execute said amendment, appropriating
$925,600 from the unappropriated balance of the Transportation
Development Impact Fee fund to Project STM-331, and appropriating
$25,500 from the unappropriated balance of the Poggi Sewer Basin
Development Impact Fee fund to Project STM-331
SUBMITTED BY: Director of Public Works (~
REVIEWED BY: City Manager p~ (4/5ths Vote: YesYt_No__)
The consultant, McGill Martin Self, Inc. (MMS), has been reviewing plans for the construction of
Olympic Parkway and the channel easterly of Brandywine and coordinating the Olympic Parkway
project including its financing via a community facility district. Staff recommends expanding the
MMS contract to include Olympic Parkway from Oleander Avenue to Brandywine and various
other items and extend project management services through March of 2002 to ensure successful
construction and timing of improvements of this important roadway segment. With this amendment
an additional $2,041,000 in funds is required of which $925,600 is to be funded by CIP STM 331
and $25,500 is to be funded by the Poggi Sewer DIF. Otay Ranch Company and McMillin Land
Development will fund the balance of the amendment. Total compensation for the contract,
including the second amendment, is $3,821,500.
RECOMMENDATION: That Council approve the resolution approving a second amendment to
the agreement with MMS, for Project Management, Plan Review and Financial Services for the
Construction of Olympic Parkway, appropriate $ 925,600 from the unappropriated balance of the
Transportation Development Impact Fee fund and $ 25,500 from the unappropriated balance of the
Poggi Sewer Basin Development Impact Fee fund and authorize the Mayor to execute said
amendment. The funds for the amendment will be paid by developer reimbursement, the balance
now available in STM331 and the amount Council appropriates tonight if the resolution is
approved.
BOARDS/CO/VI1VIISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
On January 19, 1999, the City Council approved, by Resolution 19346, the selection of McGill
Martin Self, Inc. (MMS) as the project consultant to provide project management, plan check and
financing district management services for the Olympic Parkway project. The initial contract was
Page 2, Item q
Meeting Date3/28/O~
negotiated for $450,000 for services through June of 1999. Council approved a first amendment to
the contract in June 1999 by Resolution 19502 expanding the scope of work to be consistent with
the Olympic Parkway Agreement. The amendment anticipated completion of services through June
of 2000. Construction work has begun on the Olympic Parkway projects and the Community
Facility District 99-1 (CFD 99-1) has been formed for its financing. However, several complex
issues still remain to be addressed and staff recommends that the MMS contract include additional
work items and the contract be extended to provide project management through March of 2002.
Consequently, staff recommends that the second amendment to the MMS agreement be approved to
ensure that the roadway and related infrastructure work are completed in a timely manner.
Cllyrnpi~ Parkway Pr~ect ,qtatn~
Unprecedented efforts by City staff, developers, private consultants and the City's consultants
continue in order to achieve the timely and successful construction of Olympic Parkway. Staff
recommends expanding the scope of work to include plan check and coordination of Olympic
Parkway from Oleander Avenue to Brandywine and from East Palomar to SR 125. Staff also
recommends that MMS continue as project manager during the next two years of construction of
Olympic Parkway (and Poggi channel), Paseo Ranchero, La Media, and Palomar Street, all of
which are key transportation corridors serving the Eastern Territories. In addition, substantial work
remains to be done regarding Poggi channel as a result of the environmental permits obtained in
October 1999. This work is crucial to the project and includes as a major item the implementation
of a streambed enhancement plan. The second amendment encompasses all of this work.
In August 1999, Council established CFD 99-1 to provide $45 million to fund Olympic Parkway
and various other facilities. Council approved one bond sale of $23 million in December 1999. A
re-marketing of the bonds became necessary because of a change in ownership affecting the
financial backing of Otay Ranch Company. This re-marketing bond sale was brought to Council in
Feb 2000 and closed this month. One more bond sale is anticipated to fund the balance of the
improvements. The original contract did not anticipate these multiple bond issues. Also, two
additional maintenance CFD's will be revised as part of the development of Otay Ranch. The
revisions will annex the "out" parcels of Otay Ranch Village 1 West and the City San Diego
Waterline parcels into two maintenance CFD's, CFD 97-2 and CFD 97-1. Staff anticipated one
CFD (CFD 99-2) in the existing contract. The second amendment includes the additional work.
F. xi~inE C. nntract Statn~
As of the end of February, the consultant has completed approximately 70% of the plan check
services of the original contract; 70% of the financial district management services; and 75% of the
original project management work for a total of $ 1,540,000 or 86% of the current contract budget
of $1,780,500. Grading of Olympic Parkway and Poggi channel from Brandywine Avenue to SR
125 is under way and various improvement plans are approved or nearly approve& Landscape
plans are in various stages of plan check and approval.
Page 3, Item
Meeting Date3/28/~O
Discussinn
MMS' proposal is for a total budgeted amount of an additional $ 2,041,000. The intent of the
estimated amounts in the proposal is to establish a "budget" for project expenditure during the next
two fiscal years. The contract's monthly payments will be based solely on time and material
according to the hou~y rate schedule attached to the contract.
Additional Scope of Work Items Eslim~t,,vl Fees
Plan Check services $ 634,000
CFD 99-01 and CFD 97-3 $ 5071000
MaintenanceCFD's $ 76,000
Environmental $ 2601000
Extension of Proiect Management to 3/31/02 $ 386,000
Reimbursable Expenses $ 7,000
Contingencies $171 ~000
Total $ 2~041,000
Staff recommends continuing work on the project together with the consultant and have, if Council
approves, the consultant' s scope of work be expanded and modified to allow IVl/VIS to do additional
work in project management, plan check services and financial district management described
below. The initial contract was awarded via the City's professional services selection process
initiated with a Request for Proposals. The basic recommendation to select M1VIS for the original
contract is still valid with this expansion of the Scope of Work. In January of 1999, Council
concurred with staffs recommendation and approved the M1VIS original contract based on the
qualifications of the firm and its personnel, its experience in completing a similar project in
noRhem California, the commitment of a full time project manager(s) as needed, and the firm's
understanding of the project and what it takes to process a project of this size and complexity.
A competitive selection process is not required for the additional work proposed, as this process is
exempt for Section 2.56.070 of the Municipal Code. However, even that section allows an
exception to the selection process where Council determines these "requirements as applied to that
contract are impractical, impossible or that City interests would be materially better served by
applying a different purchasing procedure...". Staff recommends that the same consultant continue
working on this project as a change in consultant would be both impractical due to bringing up to
speed a new consultant and greatly delay the construction of Olympic Parkway due to the length of
selection process.
Due to the complexity of the Olympic Parkway project it would not be advisable to change
consultants at this stage. In addition, the consultant has been doing a good job in coordinating and
expediting this critical project. Many of the project's issues are inter-related with the various
adjacent developments. These issues include: 1) determination of environmentally sensitive areas;
2) future development proposals; 3) the Regional Trail, sewer and storm drain locations; 4) existing
and proposed CFD boundaries and maintenance areas as they relate to landscaping; 5) the aesthetic
design elements of the streetscape; 6) the impact of the trolley location on proposed tentative maps;
7) the impact of the City of San Diego waterline relocation on the roadway and adjacent
development proposals; 8) land owner issues on the approval processes; 9) compliance with
Page 4, Item ~
Meeting Date 3/28/OO
environmental permits, etc. These are all ongoing issues whose resolution requires balancing the
various departmental and developer concems in order to achieve a successful project. These
complexities require a project team with a high degree of project familiarity. Consequently, staff
believes it would not serve in the City's or the development community' s best interests to introduce
a new project management team on this project. To do so would cause delays in the project in order
to bring a new team up to speed on all the issues. Olympic Parkway is a vital link to the Eastem
Territories and various segments are under construction. Timely construction is necessary to ensure
that the level of service for traffic, as mandated in the City's threshold standards, will not be
compromised. Consequently, staff believes that the community and developer interests are best
served if continuity through construction is provided on this project. MMS has provided the high
quality work necessary for a project of this magnitude and has demonstrated that it has the staffing
capability to achieve the various time frames set forth in their existing contract and in the City's
agreement with the developers.
Scope nf Work Change~
The major components in the scope of work which are proposed to be added or expanded follow:
Project Manager:
· Extension of the environmental process to ensure compliance with the resource agencies'
permits issued to the City of Chula Vista.
· Coordination of the grading and improvement at the intersections of Olympic Parkway at SR
125 and 1-805.
· On-going coordination with the City of San Diego regarding the developer/City negotiations on
the major water line relocation. The line traverses the Otay Ranch Village 1 and Otay Ranch
Village 1 West projects.
· Coordination with Otay Ranch Village 1 West (south half) proposed tentative map as it relates
to the earthwork, slopes, drainage, etc. adjacent or within Olympic Parkway.
· Strategic planning for approval of the Otay Ranch Village 1 West project with property owners
other than Otay Ranch Company.
· Extension of project management services during construction through March 2002 and to
accommodate the addition of other Olympic Parkway related roadway projects (listed below).
Plan Check:
· Addition of Olympic Parkway from East Palomar to SR 125 improvement plans.
· Addition of Olympic Parkway from Oleander Avenue to Brandywine grading and improvement
plans.
· Landscape and Irrigation plans for the additional grading and improvement plans.
· Addition of an environmental sub-consultant for preparation of a Tamarisk removal plan and
implementation and review of the stream meander plan.
Finm~cial District Management:
· Extension of management services through March 2002 to encompass all phases of Olympic
Parkway between Brandywine Avenue and SR 125.
· Addition of multiple bond sales for CFD 99-1.
Page 5, Item
Meeting Date3/28/OO
· Expansion of auditing services for CFD's 97-3 and 99-1 to comply with the acquisition
agreements.
· Modifications to maintenance CFD 97-1 to add the San Diego Waterline parcels to the district.
· Modifications to maintenance CFD 97-2 to add the San Diego Waterline parcels and "out"
parcels to the district.
Pay Rate Schedule:
· An increase in the pay rate schedule as outlined in the amendment.
Contingency:
· An increase in the scope of work on a time and material basis in an amount not to exceed
$250,000 as approved in writing by the City Manager.
Cnnchminn~
The City Manager recommends that $2,041,000 be added to the MMS budget for continuing
project management and for expanding the scope of work. Olympic Parkway, with construction
costs estimated in excess of $80 million, is a complex project requiring intensive, continual project
management.
Approval of the amendment authorizes the consultant, MMS, to commence and/or to continue to
work on the additional items in the scope of work and to continue project management through
March of 2002. Developers and the general public will benefit from this project since Olympic
Parkway and related facilities are vital links to the Eastern Territories.
Staff has reviewed the cost proposal for the additional work. The cost translates into approximately
$94,000 per month (or 4.7 MMS people per month at $20,000 per person per month). If the project
proceeds faster than anticipated, the costs could be lower than the budget amount of $94,000. Both
Otay Ranch Company and McMillin are aware of the need for this additional work and support
using MMS to complete it. Also, based upon the quality of the work of the consultant, staff
recommends that Council approve the resolution.
FISCAL IMPACT: The existing consultant services contract is for $1,780,500 of which
$1,147,600 is funded by CIP STM 331 (Transportation DIF), the remainder is funded via developer
agreements with Otay Ranch Company and McMillin Company and a developer deposit account.
Due to the additional scope of work and extension of the contract, an additional $925,600 will be
needed from the unappropriated balance of the Transportation DIF fund and $25,500 will be needed
from the unappropriated balance of the Poggi Sewer Basin DIF fund. Deposit accounts or developer
agreements would cover the balance of the contract amendment according to the following
estimated budgets:
Page 6, Item
Meeting Date3/28/O0
Fundin., Source Exnended to Amount 2~ Amendment Total
date Remainin~ Estimate
(estate)
Transportation DIF (STM33 i) $ 991,600 $156,000 $ 925,600 $ 2,073,200
Developers (proiect mgrnt & plan check) 422,300 36,400 758,800 1,217,500
CI~ 99-01, 97-03 (Developer) 115,400 35,000 259,100 409,500
CFI) 98-01, 99432, 97-01 (Developers) 10,800 13,000 72,000 95,800
Poggi Sewer DIF 0 0 25,500 25,500
Total $1,540,100 $ 240,400 $ 2,1)41,000 3,821,500
Both McMillin and Otay Ranch Company have been apprised of this proposal and its cost.
Attachments: Exhibit A - Consultant cost proposal
File: 0735-10-STM331
H:XHOMEXENGINEERXAGENDAMMMSAM2.DOC March 16, 2000
McGILL MARTIN SELF, INC. EXHISi']7 A .I
February 15, 2000
(Revised March 20, 2000)
Mr. Cliff Swanson, P.E.
City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Amendment No.2 to Contrac~ for Professional Services
Olympic Parkway - Brandywine to SR-125
Dear Cliff:
As we have recently discussed, MeGill Martin Self, Inc. (MMS) is submitting this letter to
request an amendment to our existing contract for professional services for the Olympic
Parkway project and the related financing districts. As we are all aware, many events have
unfolded differently than when we processed the first contract amendment in June 1999. The
purpose of this letter is to outline these issues, identify new needed workscope items, and
establish a new fee to complete the necessary workscope.
BACKGROUND
Our original contract for Olympic Parkway for $450,000.00 was approved by the City
Council on January 19, 1999. Amendment No. 1 to the contract, which included
comprehensive addition and expansion of workscope items, was approved by the City I!;
Council on June 22, 1999. This amendment to the contract was for $1,330,500.00 and was
estimated to cover the time flame ending June 30, 2000.
As with the original contract, many assumptions were made in estimating the timing of
certain events as well as the effort that would be needed to bring closure to certain portions
of the project. Both City staff and MMS used our best collective judgment in helping to
determine the estimated effort to complete the workscope through June 30, 2000. Due to
changes in scope, delays in achieving certain permits from the Federal Agencies, additional
work authorized by City staff(as required by environmental permits), changes in
development phasing by the Otay Ranch Company, and the addition of new sub-consultants,
MMS has incurred charges outside our original scope of work.
It is necessary to request a revision to our contract to reflect these expanded workscope items
and address the addition of new work.
Mr, Cliff Swanson
February 15, 2000 (Re~qsed Alarch 20, 2000)
Page 3
Project Management June 1999 - January 2000
$80,000.00
$70,000.00
$60,000.00
$50,000.00
$~0,000.00
$30,000.00
$20,000.00
$I0,000.00
Jun-99 Jul-99 Aug-99 Sep-99 Oct-99 Nov-99 Dec-99 Jan-00 Avg,
The average monthly charge for project management for this period was $55,400. At this
current rate, the project management budget will be exhausted on about April 15th. Given the
issues ahead of us on this project, we do not see the amount of effort lessening in the next 6
months or so.
As we are all aware, the existing contract will end on June 30, 2000. It was always
envisioned that an amendment to the contract would be needed beyond June 2000.
Expanded and new Project Management workscope items and previous out of scope items
covered by the contingency that will need to be addressed as part of this contract amendment
are:
General/Coordination Items: · Expansion of the public information program to "marry" with the City's
information program; and groundbreaking activities.
· Bidding/award process to meet the SLTPPP deadlines for inclusion of the
remainder of Olympic Parkway to receive reimbursement from Caltrans.
· Interface issues with SR-125.
· Interface issues with Olympic Parkway from Brandywine to 1-805.
· Integration of the high school site south of Olympic Parkway.
Environmental/Permitting Activities:
· Increase in effort due to delay in the issuance of the 404 and other environmental
permits by the resource agencies.
Mr Cliff Swanson
February 15, 2000 (Re~4sed A farch 20, 2000)
Page 4
· Additional time to address the LEDPA/ARNI issue. This included the preparation
of exhibits, cost estimates, and responses to the Corps and EPA. Multiple
meetings, telephone conferences, and presentations to the agencies that were
needed to bring about the successful issuance of the 404 and other permits.
· Meetings and negotiations regarding the conditions of the environmental permits.
These include:
Management of the Stream Meander Plan preparation involving extensive
coordination with Phil Williams & Associates, Merkel & Associates, City
staff, ORC and their consultants, and McMillin and their consultants to
meet the January 7th submittal deadline.
Management of the Tamarask removal plan which is a condition of the
404 permit.
Coordination of the identification and purchase of the offsite wetland
mitigation lands.
· The inclusion ofMerkel & Associates as a sub-consultant to MMS' contract.
Merkel contract will be for the preparation of the preparation of the Tamarask
removal plan, implementation and review of the stream meander plan, and
coordination and design of the offsite wetland mitigation enhancement.
· Implementation of the streambed meander plan conditions including the
coordination of the monitoring of the success of the stream as required by the
Corps.
Phase I of Olympic Parkway (Brandywine to Paseo Ranchero) will be in construction
through the end of year 2000. Current plans are for both the Phase II and I11 Roadway
Improvements and much of the Phase I, H, and III Landscape Improvements to be bid and
awarded to meet the SLTPP deadline. Construction of Olympic Parkway will continue
through sometime in early 2002.
Environmental tasks including the management of both Merkel and PWA in the
implementation of the stream meander plan, the Tamarask removal program, and the offsite
mitigation purchase and enhancement design will continue through the fall of this year.
Recommendation
We recommend that the current contract be amended to cover the completion of Olympic
Parkway construction, currently estimated to be March 2002. Based upon the remaining
tasks to be completed and the effort required to date, a additional budget amount of $386,000
should be set aside to cover the project management tasks for this period. In addition,
Mr. Cliff Swanson
February 15, 2000 (Revised AIarch 20, 2000)
Page 5
Merkel and Associates (M&A) has developed a workscope to complete the requirements of
the environmental permits. The workscope includes the following:
· General Permit Coordination/Agency and Team Coordination
· Conservation easement support
· Tamarisk Removal Plan
· Stream Meander Plan Development
· Offsite Mitigation Site Identification and Enhancement Design
Copies of Merkel's proposals to perform this work are attached to this letter. The estimated
cost to complete this workscope is $260,000.00
In addition to these costs for the development of plans and mitigation design, there will be a
significant amount of ongoing biological and geomorphic monitoring that will be required to
ensure the success of the mitigation. This monitoring will be required for a period of 5 years
from the completion of the construction of the mitigation measures. Merkel's services to
perform the monitoring will not be included in this amendment to MMS's contract. It will be
handled via a separate contract through the City's Environmental Review Section.
Both MMS and Marilyn Ponseggi have reviewed the M&A proposals and, after some
revisions, agree that we should proceed with this work. We recommend that our contract be
amended to include Merkel & Associates as a subconsultant to our contract.
Philip Williams and Associates currently have a contract with the City and their work on the
hydrologic and geomorphic modeling for the stream meander design is covered under the
existing contract.
CFD No. 99-1 MANAGEMENT SERVICES
Discussion
As mentioned earlier, a great deal of effort was made to ensure the CFD No. 99-1 bonds were
sold prior to the end of year 1999. As part of the process, it was decided to proceed with two
bond issues for CFD No. 99-1 instead of one issue as originally planned. The second bond
sale will most likely occur sometime in mid-year 2000.
To further complicate matters, the first bond issue is being remarketed due to a change in the
management of the Otay Ranch Project. Both the remarketing of the Series A bonds and the
issuance of Series B bonds were not contemplated as part of MMS' original workscope.
Mr. Cliff Swanson
February 15, 2000 (Revised.~larch 20, 2000)
Page 6
Expanded and new workscope items related to CFD 99-1 include:
· Meetings, coordination, negotiation, and preparation of portions of the CFD 99-I
Acquisition and Finance Agreement.
· Coordination with the finance team members, City, and ORC regarding the re-
issuance of the CFD 99-1 Series A Bonds. Preparation of new/revised exhibits,
tables, and text for the amended O.S. for the re-issuance of the Series A Bonds.
· Preparation of tables, exhibits, and text for the issuance of Series B Bonds (to be
sold in spring/summer 2000).
· More detailed tracking of the allocation of TDIF and PFDIF credits and the
correlation to the audit of CFD 99-1 disbursements to acquire facilities. (Note:
Per agreement between the City and ORC, $125,000.00 was allocated in the CFD
99-1 cost of issuance to be used for this work.)
· Support to the City regarding the preparation and review of continuing disclosure
documentation as required by the SEC.
Series A Bond Remarketing
The remarketing of the Series A bonds, while not involving revisions to the Rate and Method
of Apportionment, involves significant revisions to the disclosure and offering documents.
MMS tasks as part of the bond remarketing include:
Revisions to the various tables included in the OS (value to lien, use/source of
proceeds, ove~apping debt, etc.)
Revisions/update to the environmental section of the OS
Revisions/update to the OS section describing the fulfillment of development
obligation (i.e. Stage 5 of the Olympic Parkway agreement.)
General coordination between ORC, the City, and members of the finance
team
Revisions to certain portions of the Acquisition/Construction agreement due
to a change in net proceeds available for construction.
None of the above would be necessary if not for the remarketing of the Series A Bonds.
Series B Bonds
At some point during the year 2000 (whether the assessed value of the property within CFD
No. 99-1 can support a 4:1 value to lien ratio), a second series of CFD No. 99-1 bonds will be
sold. This bond sale may or may not include the outparcels which will annexed to CFD No.
99-1.
The Series B bond sale will require a new official statement with updated disclosure
information. The tasks required for the Series B bond sale will be similar to those outlined
Mr. Cliff Swanson
February 15, 2000 (ReWsed,~larch 20, 2000)
Page 7
above for the Series A remarketing. The level of revision and/or update of the information
will be more detailed due to the expected changes based upon the passage of time till the
Series B sale.
If the outparcels are not included in the Series B bond issue then most likely a third Series C
Bond issue ($3 million _+) will be needed in the future once they are annexed into the CFD.
As a separate issue of bonds, these will require a full OS, other disclosures and bond sale
documents.
CFD No. 99-1 Audit/CFD 9%3 Audit
Our current contract includes construction audit(s) for the Olympic Parkway grading and
roadway improvements. As we have discussed previously with City staff, this task will
require more in depth analysis and accounting than a typical CFD construction audit.
Essentially, a full CFD audit and full DIF audit will be required for these facilities. More
specifically, an accounting of the relationship of the facilities constructed to the DIPs paid
and or credited will need to be maintained at all times. In addition, depending upon the
status of CFD bond sales, at different points in time there will be different DIF audit situation
(i.e. $4,000,000 of PFDIF obligation will be covered in the Series B bond issue). This will
satisfy approximately 40% of ORC's total unit PFDIF obligation. Keeping track of who paid,
when they paid, and what credit applies will be an onerous task.
Similar audit services will be required for the Olympic Parkway facilities that are being
constructed by McMillin as part of CFD 97-3. A final accounting of the construction costs
will be required to determine both the correct split of costs between McMillin and Otay
Ranch Company as well as the portion of the $4.7 million from CFD 9%3 that will be
allocated for Olympic Parkway. The basis for this determination will be consistent with the
methodology as described in the Olympic Parkway Financing Agreement.
Recommendation
To date, MMS has incurred costs approximately $35,000 in excess of the original budget due
to the issues we outlined above. Per discussion with Mr. Bob Powell, Finance Director and
Mr. Tom Johnson, the City's Financial Advisor, these costs to date have been paid out of the
overall contract contingency established with contract amendment No, 1.
MMS recommends an additional budget of $457,000.00 complete the CFD No. 99~1 tasks as
described above. The estimated budget to complete the CFD 97-3 audit is $50,000.00. An
amount of $125,000.00 was set aside in the cost of issuance for the Series "A" Bond sale to
cover a portion of this effort.
Mr. Cliff Swanson
February 15, 2000 (Revised 3larch 20, 2000)
Page 8
CFD No. 98-1/CFD No. 99-2/CFD 97-1 ]V[ANAGEMENT SERVICES
Discussion
It is necessary to create a CFD to pay for the maintenance of landscaping and other public
improvements within Village One West. This area is currently within a Maintenance CFD,
which encompasses all of Village Two as well as Village One West. AFter several meetings
with both City staff and the City's Bond Counsel, it has been agreed that the best approach is
to form a new CFD, which encompasses just Village One West (from the centerline of
Olympic Parkway to the centerline of Telegraph Canyon Road.) The existing CFD No. 98-1
will then be modified via the issuance of a "Notice of Special Tax Lien Cancellation" over
the area of Village One West within CFD No. 98-1. The creation of the new district (CFD
No. 99-2) will be a much "cleaner" solution and will avoid a jigsaw pattern of overlapping
tax rates and boundaries. It should simplify greatly the administration process in the future.
The current contract contemplated the modification of the existing CFD No. 98-1. However,
the original contract budget was for only assessment engineer/special tax consultant work.
The creation of a new maintenance CFD requires a complete district formation process.
Creation of the new CFD and modification of CFD 98-1 will involve the following items:
· Management of the process to amend CFD 98-1 and formation of CFD 99-2 for
the maintenance costs associated with Otay Ranch Village One West.
· Establishment of the district boundary and recording a new boundary map
· Identify the improvements and confirm the maintenance costs
· Develop, confirm, and agree on the special tax rate
· Preparation of exhibits to notice the cancellation of the special tax lien on the
Village One West portion of CFD No. 98-1
· Process annexation proceedings (including separate boundary map) for CFD No.
97-1 for the City of San Diego waterline parcel.
· Process annexation proceedings (including separate boundary map) for the
outparcels within Village One West
Recommendation
We recommend that the current contract be amended to include the items described above as
follows:
CFD 99-2 Formation $66,000.00
CFD 97-1 Modifications $ 5,000.00
CFD 98-1 Modifications $ 5,000.00
Mr. Cliff Swanson
February 15, 2000 (Revised Alarch 20. 2000)
Page 10
Again, it should be noted that this budget assumes that an extraordinary number of plan
checks will not be incurred. If this occurs for the remaining plan checks, this budget may
have to be revised in the future~
SUMMARY
The revised workscope described herein addresses the known project issues facing us now.
These items are summarized in the table that follows. These items should get us to
completion of Olympic Parkway to the SR-125 interchange, barring additional changes in
circumstance.
Once you have had a chance to review the above, please call us to discuss any comments or
questions you may have.
Sincerely,
McG1LL TiN SELF, iNC.
wes, P.E
Project Manager
Enclosures
HGB: mml
Mr. Cliff Swanson
February 15, 2000 (Revised Alarch 20, 2000)
Page 11
SUMMARY OF WORKSCOPE ITEMS AND ESTIMATED FEES FOR IVIMS CONTRACT
AMENDMENT NO. 2
TASK Additional Fee to
Complete
PROJECT MANAGEMENT SERVICES TO MARCH 2002 $ 386,000.00
ENVIRONMENTAL $ 260,000.00
General Permit Coordination
Tamarisk Removal Plan
Stream Meander Plan Development
Offsite Mitigation Identification/Design
CFD 99-1 $ 457,000.00
Audit CFD 99-1
Administration
Series B Bond Sale
CFD 97-3 $ 50,000.00
Audit CFD 97-2
CFD 99-2 Formation $ 66,000.00
CFD 97-1 Modifications $ 5,000.00
CFD 98-1 Modifications $ 5,000.00
PLAN REVIEW $ 634,000.00
Olympic Parkway - Phases I and II
Olympic Parkway - Phase III
Construction Changes - Phases I, II, and Ill
SLTPP Coordination
Brandywine to Oleander
CONTINGENCY $ 171,000.00
REIMBURSABLE EXPENSES $ 7,000.00
619 ~60 ~46~ ~002
PROPOSAL TO PREPARE:
OTAY RIVER WATERSHED
EXOTIC PLANT SPECIES
MANAGEMENT PLAN
Prepareg for:
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Attention: Man'lyn Ponseggi
Prepared by:
Merkei & Associates, Inc.
3944 Murphy Canyon Road, Suite C-106
San Diego, California 92123
Ph: (858) 560-5465
Fx: (858) 560-7779
November 3, 1999
Keith W. Merkel, Principal Consultant
' ' *'? D.vld X, May~d<Biolo~ist
wED 10:ZB F.{~ 819 580 5485 ~ 003
Merke; & .4sso~iates Inc .... _ ...
OTAY RIVER WATERSHED
EXOTIC PLANT SPECIES MALNAGEMENT PLAN
BACKGROL~'D
The City of Chula Vista has recently completed environmental permitting for the Olympic
Parkway extension project through Poggi Canyon. As a condition of welland permits, the
preparation of a watershed-wide exotic plant management plan has been required under the
U.$. Army Corps of Engineers (Corps) Clean Water Act permit (99-200~100-TCD) and
California Department of Fish & Game (CDFG) stream bed alteration agreement (5-57-99).
SpecificaI~y, the compliance requirements are as follows:
The City of Chula Vista shall prepare a watershad-wide exotic species
management plan for the 0lay River and its tributaries, to include eradication
of tamsrisk (Tamefix sp.). The plan shah address control methods, a
systematic approach to eradieation, potential financing, and regulator,/and
administrative methods. The City will not be required to implement any
actual eradication work as a condition of this Agreement, but shall lay a
foundation for such future work. The City shall be the lead in this program
incorporating property. owners and other entities in its efforts. The plan shall
be completed and submitted to the Corps and CDFG for review and approval,
in coordination with the U.S. Environmental Protection Agency (EPA), U.S.
Fish & Wildlife Service (USFWS), and Regional Water Quality Control
(R. WQCB) within 12 months of initiation of project construction.
To meet this requirement, the management plan must be completed and submitted for review
and approval by the agencies no later than October 15, 2000. Thi~ document outlines a
technical team and staffing approach, scope of work. schedules, and cost proposal for Merkel
& Associates to accomplish this work in satisfaction of the above referenced permit
condition.
TECHNICAL TEAM AND STAFFING
Merkel & ASsociates, Inc. (IVI&A) would serve as the consultant for the completion of the
required work. The firm is uniquely qualified to provide these services due to a depth of
understanding of the Olympic Parkway permit obligations and agency intent. The ~rm's
staff also has a long histot}, of working within the Otay River Valley on such projects as the
Otay River Valley Resource Enhancement Plan and Coastal Conservancy land acquisitions.
The proposed work would be pe~ormed under the oversight of Mr. Kekh Merkel, principal
consultant, and direct management of Mr. David Mayer, senior biologist. Mr. Mayer would
be responsible for the day-to-day completion of work efforts and would be responsible for
team coordination. Mr. Mayer is highly qualified to perform this role, having served as a
senior biologist on a number of large-scale regional projects such as the Emergency Storage
Project biological investigations for the San Diego County Wrater Authority. He also has first
hand experience in managing exotic species control efforts ~ such locations as the Otay
Water District's San Miguel Habitat Management Area, where he has served as the preserve
area manager for the past five years. Ms. Melissa Bookcr, associate biologist at M&.A, and
Mr. Mark Carpenter, GIS specialist with KTU~-A, will assist Mr. Mayer as the primary
project staff.
Otay River FFalershed Exotic Plant Species Management Plan I
0310L0O ~ED 1~:29 F~ 619 380 5465 ~ 004
Merl~el & ,Axso~(a..t!.~ lnc M&~ q 99-i ~ 7-00
SCOPE OF WO~
Task 1: Coo~ate w~h Affeaed Parties in Inte~ w~h~ ~e Warmbed
The propo~ plan would cross multiple juri~i~tional boun~ri~ ~ludlng those of the
of Ch~a Vi~, CiW of ~ Diego, CiW of ~pefial B~h, ~W of San Diego, Bu~au
~nd M~agemem (BL~, ~d USFWS. In a~ition, ~ plan ~oven exmsive are~ of
public ~d private pro~ ~at could ~ 8ffec~d by ~e impl~m~tion of the pl~. Under
· is ~k, ~e consular will aRerid ~o m~e~gs wi~ ~t~ p~ies m disc~ the plan
p~ntion nd present info~ation ~ ~ plan ap~oacE fmdings, ~d proposals.
Pressration mater~ls for large goups shall be p~pared on bonds, orethuds, or in a
Micros~ P~werPoint rosa, This mk does not include ~e pre~tion of nofic~g
materials, gen~ion of ~e notification list, hosz~g of m~etings, or other sp~ial
requi~m~ts for public reviews.
Task 2: CI~' C~rdination Me~ngs
Under ~is ~k, ~e comul~nt shall a~nd fo~ ~Fss meetings wi~ ~e Ci~ of Chula
Vis~ (Ci~) Pl~ing D~a~nt ~ff ~d o~ C]~ ~p~ents as deemed appropriate by
~he Ci~ project m~ager,
T~k 3: Collea Da~ to Char~teri~ the Plan Area
This ~sk ~cludes ~e analysis of basel~ ~m to c~terize t~ physical, biolo~cal, a~
s~io-~litical environment of ~ project ~a. Work includes employing regional GIS dam
lay~ ~d digital aerhl imag~ along with li~ted field verification. Dam will k assembled
and managed in ~ ~Vi~w GIS fo~t for s~ ~m ~d ~rosofi A~ess ~d Excel for
relational ~d~bular dam. The spcci~ ~m to ~ collethal is ~ follows:
A. Physical Enviro~ent
Wat~he~ and sub-watgrsheds (regional hydrolo~c ~its)
Drainage co~s for ~1 s~m o~rs
To~phy, slope, ~d
Soils and geolo~
Ra~nfall/~omtoring wcl]s/ga~g ~tion dam
· Wind ~m
B. Biolo~cal Envimm~t
Ve~tion
· ~ of communi~ disthree
Di~ibu~on ~d composition of exotic species
Fire history
C. Soeio~oliti~l Envkomem
Political subdivision bo~ies (fedgml, county, city)
· S~cial di~ct ~ies
· Zon~g, l~d-use, $d develo~ent p~s
· E~8 la~-uses
· Consemotion plying boundties
Ot~ R~er Waters~d ~ic Plant S~ci~ Manag~em Pt~ 2
03/01,00 wED 10:30 F.LX 619 560 54{55 9005
,~[erkel d..4r. toeiat~¢ lnc Mt~4
Task 4: I~t~ the Nature and Mqnitude of the Exotic Plant Problem in the Plan
Under this ms~ maps of exotic pl~t di~rib~ions will ~ prep~ for each of ~e most
noxious w~d species exi~ing ~ the ~y ~ver watershed. ~ese hclude ~ (Tam~&
spp.), ~t ~d (A~o do~), p~p~ ~s (~rtaderia selma, Corta~r~ junta),
tabor be~ (Rici~ ~mmunis), false n~go (Myo~mm luteurn), wamr hyacB~ (Eicornea
crates), ~d possibly o~r species. M~s will be p~ed us~g aerial photogaphs ~d
field ve~oa~on. ~ gener~ habi~ and c~cted~cs of ~e en~ronmen~ whe~
T~k 5: Char~ter~ the BiMo~ of the P~ Species
Under ~is rusk, ~e s~cific c~ctcristics of ~e ~st s~ei~ ~II ~ descried along ~th
the biolo~cal, physical, and land-use conditions ~ha favor ae spread, as well as ~e con~l,
of ~e species. ~fo~ation will include a di~ussion of the v~io~ life-~g~, propa~le
~s (s~d, tubers, etc.), pol[inato~ ~d p~&to~, and ~e environmen~ suitable for
esmbli~nt.
T~k 6: l~nt~' and D~c~s Ava~b~ ~ntrol Me~ures
Under ~is ~k, means of co~ll~g the exotic s~eies ~ll be descd~ along wi~ ~y
avai~ble ~foaation ~garding past successes and fail~s of ~e descHbed conWol me~ods.
~ addition to ~ffo~ing a literatu~ se~ch, c~ise ~[1 ~ sou~t ~om regional aM
na~onaI exerts on a ~icular ~ecies ~d/or congo[ me~od. Biolo~cal, chemical, and
m~hani~l me~ will bc considered in ~is ~view, along with habits modification to
pmmot~ aive s~cies.
T~k 7: Ev~ua~ Control Opt~ Relative to the ~' River W~e~hed
Given ~ ma~i~c of the pl~ a~a, con~ol effo~ for widesp~ad s~cies ~ exacted to
requ~ impl~cn~on over a prolo~ed ~riod. For ~is ~n, ~¢ cobol me~ds will
evaluated on ~e basis of cos~, efficiency, and po~nt~l o~oa in ~e appliesSon or
~plem=nm6on of a p~icu[~ method. T~se o~ions ~ll be considerod with regard to the
s~ci~c condi~ons of the Omy ~ver watenhed plan a.
T~R 8: Prepare a RecommeMed Ex~c Species M~agennt Appro~h
~is rusk will o~l~e an ~otlc species mana~mem a~roach for ~e O~y River watershed.
~¢~ practical, the ap~ach will ~ do~ ~e ~em into m~agement ~i~ bsd ~r~
on cff~tiveness of ~e m~agement action, and secondly on such ~cton as ~li~eal
j~sdicflon, [a~-o~ership, and ~ssible ~anci~ coheres.
~ m~gemcnt appr~ch will pdod~e p~ic~ s~cies anger geo~phic a~$.
~lude spz¢ics whose dis~ibution is ~pidly increasing, arc~ a; ~ s~ing ~ souses for
addi~onal cx~nsion, ad a~as ~at are reco~d for ~eir ~gio~l ~anee to the
~m'ation ofn~vz ~bi~ ~d s~ies.
~ managcm~t ap~ach will recommend s~gic ~tion~g of the eon~l eftore to
miaizz ~-i~s~tion following emdica~on. The a~roaeh shall Mso identi~ ~s tha~
should be ~d in a ~quent~l msner as compa~d ~o areas ~ere work may be conduc~d
Ot~ R~ Watershed ~ic Pla~ S~ies Manageme~ Plan 3
03/01.00 ~ED 10:~1 F.~ 619 ~80 346~ ~008
Merke! & d ~so,ziates. Inc. ,. M& 4 ~ 90-157-00
on a more independent basis. Recommended phasing of work within various r~ches of the
watershed will take into account differences between target species based on life history. and
typical means of dispersal.
Task 9: ldentl. t~ Potential Funding Mechanisrt6
The financing of la_,,ge-scaie exotic spatins control within the Otay River watershed is not
presently the focus of any entity. Furthermore, the large size of the plan area and
involvement of multiple jurisdictions do not lend themselves to an ic~ntlfication of a single
mechanism to finance control efforts. However, several financing options are potentially
available, including the following: 1) state and federal funding for conservation (e.g. NCCP
local agency grant funding, and USFWS Refuges grant funding); 2) federal and state funding
for land management within the o,~ed preserve lands; 3) land rrmnagement endov,~ent
funds associated with Otay Ranch RMP land conveyances; 4) local agency contributions to
regional preserve management under NCCP; 5) mitigation requirements under Clean Water
Act, Endangered Species Act, or Fish and Game Code authorizations; 6) application offrinds
from environmental frees and penalties; 7) special assessments, use fees, or in lieu fees for
mitigation; and, 8) other mechanisms yet to be identified.
While the potential funding mechanisms am significant, this plan is not expected to dictate
specific mechanisms to finance implementation of the plan by the various administering
entities. Instead, the pl~ will outline implemenmtinn costs by geographic regions and
species. The plan will further identi.fy funding options and limitations by drainage reach. It
would be incumbent upon any agency or entity adopting the plan to identify specific means
of financing those portions of the plan that were applicable to the particular region involved.
Task 10: Prepare the Draft Watershed Exotic Species Management plan
Under this rusk, the consultant shall prepare a drsf~ management plan for the control of exotic
plants ~thin the Otay River Watershed. This plan shall address control methods, a
systematic approach to eradication, potential financing and regularDry and administrative
methods for the implementation of the plan. The plan shall incorporate opportunities for
property owners and other jurisdictions tn participate in th~ plan. The draf~ plan shall be
submitted to the Corps and CDFG for review and approval, in coordination wi~h the EPA,
USFWS, and P. WQCB. The draft p[an shall be prepared and delivered to the City as 25
bound copies and a camera-ready uriginal document.
Tasl{ 11: Prepare tt Final Watershed Exotic Species Management Plan
Following ~ceipt of comments on the draft plan, the consultant shall prepare a final plan that
ncorporates comments. where appropriate. The consullant shall provide a separate response
to a[! comments in the form of a memorandum to Cit}' staff.
This final plan shall be delivered to City staff as 25 bound copies and a reproducible CD
version incorporating PDF files and Adobe Acrobat PDF reader sol're,are.
SCHF_.DULE
The schedule for completion of the tasks outlined in the scope of work has been broken down
by task overthe course ofthe period of performance. This is illustrated in Figure 1.
Otcty River F;'atershed Exotic Plara Specier Mcmagement Plan 4
O3/01,0e ~ED 10:32 F.LX 619 560 5465~007
M'erkeZ. t~_~.ssoclates ]nc. M& 4 ~
F~U~ 1, ~epara~on Schedule for the Exotic Sp~i~ ~nagement Plan
Task 1: Coordinate with Portia m linercot
within the Watershed
Task2; CityCo~dinationMeatings
Task 3: Collect Data to Characterize the Plan
Area
Task 4: Identify the Nature and Magnintde of
the Exotic Plant Problem in the Plan Area
Task 5: Characterize tha Biology of the Pest
Species
Iank 6: Identify and Discuss Available
Conwo] Measures
Task 7: Evaluate Control Options Relative to
the Otay River Watershed
Task 8: Prepare aRecommencL-d Exotic
Species Management Approach
' Tasl¢ 9: Identify Potential Funding
Mechanisms
Task 10: Prepare the Draft Watershed Exotic
Species Management Plan
Task 11: Prepare a Fins[ Watershed Exotic
Sp~ies Maaagement Plan
COST PROPOSAL
The cost to complete the work outlined above summarized on vhe attached spreadsheeL
This proFcsal covers only those costs that would be incurred by the consultant for labor and
materials associated with the preparation of abe plan, It does not address costs associated
with City staff time, advertising and hosting of public meetings, reproductions beyond Uhose
outlined in the scope of work, or other work not presently contemplated within the outlined
scope of sen'ices,
Ofay River B~tgrsbid Exotic Plant Species Managersent Plan
;q-;/
03/01,'00 wED 10:33 F,{X 619 560 5465 ~008
Merkel & Associates, Inc.
3944 Murphy Canyon Roan, Suite C106 · San Diego. CA 92123
Ph. (858) 560-5465 · Fax (858) 560-7779
e-mail: merkelinc@aol.com
February 28, 2000
RECEIVED
Mr. Harry Burrowes MAR 1 2000
McGill Martin Self
310 Third Avenue, Suite B6 MeGILL MARTIN SELF, Inc.
Chula Vista, California 91910
Re: Proposal to Provide Additional Support Services Required by State and
Federal Permitting for the Olympic Parkway Project
Dear Harry:
This proposal is provided in response to the request made by MMS and the City of Chula Vista for
additional services required to be completed in order to comply with state and federal wetland
permits issued on the Olympic Parkway project.
Our proposed scope of work includes the following:
· Continued participation in developer, city, and agency coordination.
Completion of various wetland permit requirements.
· Participation in the development of the required channel meandering plan and off-site mitigation.
· Completion of required habitat development monitoring pro~ams for the on-site and off-site
wetland mitigation areas.
The specific tasks to be completed are outlined below. The attached cost proposal has allocated time
and resources based on predicted needs based on past work efforts and the current status of the
project. It is assumed that work efforts and budgets may be moved across tasks in order to fully
address the particular needs that arise through the course of work completion.
1.0 General Permit Coordination
MerkeI & Associates will continue to work with City staff, developers, and the resource and
regulatory agencies on issues that arise as the project is developed. This work is for items not
addressed below.
I. 1 Client Meetings and Coordination
M&A will participate in additional client meetings and coordination as requested in order to clarify
issues, review plans and submittals, or assist in agency liaison.
1.2 Agency Meetings, Reporting, and Coordination
Various agency contact and coordination has been requested that is outside of the scope of the tasks
outlined below. Other work under this task is anticipated to be required as unforeseen issues arise
that require coordination with the agencies.
Biologica', Consultin~ - Environmental Pertaining Habitat Restoration Ecological Management
2.0 Otay River Exotic Species Control Plan
This task has been previously addressed under a separate submittal so it is not expanded upon in this
proposal.
3.0 4.29 Acre Off-site Mitigation Site Identification and Plan
Merkel & Associates will work with City staff, developers, and MMS to obtain and design an off-site
mitigation area to meet the 4.29 acre obligation outlined in wetland permits. This work will involve
consideration of multiple sites.
3.1 Multiple Site Reviews and Evaluation
Merkel & Associates will review several options to meet the off-site mitigation needs. These include
the Borst site, Otay Land Company-Goodson site, Wolf Canyon, and the Rancho Jamul Mitigation
Bank.
3.2 Site Planning for Wolf Canyon
Based on the expectation that Wolf Canyon provides the most efficient means of meeting the project
mitigation needs, a conceptual plan will be developed that outlines opportunities to meet the 4.29
acre off-site mitigation needs of the project. This site will be proposed to agencies for comment in a
letter with supporting graphics. M&A will respond to any questions raised by agencies during this
process.
3.3 Mitigation Plan Development
Once sufficient comfort is gained that agencies will accept the Wolf Canyon site as mitigation, a
formal mitigation plan will be developed for agency concurrence and implementation. The plan will
include required structures, grading, planting, and irrigation plans.
4.0 Stream Meandering Plan Development
As a condition of the various state and federal permits, the City has been required to complete a
channel design optimization effort to improve the wetland functional characteristics of Poggi Canyon
through implementation of a hydrogeomorphic approach. Merkel & Associates will assist in
coordinating this effort and will provide biological desiT support to the work conducted by Philip
Williams Associates (PWA).
4.1 Development of Meandering Plan
M&A will coordinate the development of a meandering channel plan working with PWA to complete
field reviews, develop design concepts, evaluate locations for various treatments, and prepare designs
for vegetation to support the physical design elements.
4.2 Coordination with Agencies and Team
M&A will coordinate with City staff, developers, design engineers and landscape architects, and
various agencies to provide input into the design process and to ensure that the plans will be
acceptable. M&A will assist in the preparation of textual and graphic presentation materials.
4.3 Plan Presentations and Response to Comments
M&A will prepare a presentation of the information collected to agencies and will co-lead a
presentation of the design plan with PWA. The presentation will include an analysis of the forces
governing the development of the natural conditions of Poggi Canyon. The presentation will then
focus on design criteria and finally on design elements to mimic these conditions in the new channel.
Following the presentation, M&A will lead the effort to respond to any comments or questions that
arise during the agency review period.
4.4 Plan Implementation Inspections and Reporting
The meandering plan is anticipated to involve the implementation of several elements which,
although subtle, are considered by agencies to be important to the overall development of the
channel. These include variations in channel floor topography, meander arcs, wing deflectors,
pooling drop structures, etc. Merkel & Associates will work with the City and contractors to ensure
that these elements are appropriately incorporated and that channel planting is done in a manner that
ensures appropriate habitat development given the conditions existing on the site.
5.0 Regional Water Quality Control Board Aquatic Monitoring
As a condition of the Clean Water Act section 401, state water quality waiver, the RWQCB has
required a monitoring program be designed and implemented that demonstrates protection of
beneficial uses designated for Poggi Canyon. This program is to be designed around the California
Stream Bioassessment Procedures, March 1999 manual.
5.1 Develop Monitoring Program and Identify Reference Streams
M&A will work with the RWQCB and other resource and regnlatory agencies to select reference
streams for implementation oF a program that evaluates maintenance of aquatic habitat values in
Poggi Canyon. The program is to be developed to incorporate three urban reference streams and
Poggi Canyon.
5.2 Implement Aquatic Resource Success Monitoring Program
Under this task, M&A will implement the aquatic resource monitoring program which will include
an assessment of benthie invertebrate fauna, water quality parameters, and other elements over the
five monitoring years following channel system constmction.
6.0 ACOE/CDFG On-site Mitigation Monitoring and Reporting
M&A will conduct both the required monitoring and reporting program outlined within the
mitigation program adopted to satisfy permit conditions for the ACOE and CDFG approval. In
addition, M&A will conduct regular horticultural monitoring to direct habitat maintenance under the
five year establishment period (nominally distributed at monthly intervals over the course of the five
year monitoring program).
6.1 Monitoring and Reporting Program (Year 1 )
During the first year of establishment, monitoring is to be completed at zero (baseline), three, six,
and twelve month intervals to evaluate early establishment and success milestones within the
mitigation site. This monitoring effort includes the initial establishment of monitoring transects and
photographic plots to be used throughout the monitoring program. Monitoring and reports as
required by the permit conditions will be prepared and submitted to the City, developers, and
resource and regulatory agencies.
6.2 Monitoring and Reporting Program (Years 2-4)
During years 2-4 success monitoring is to be conducted once per year during the active growing
seasons and shall incorporate the use of the established transects and photo plots. Monitoring will
assess the status of the mitigation area with respect to the success milestones outlined in the
mitigation plan. Appropriate reporting will be completed as part of this task.
6.3 Monito~'ing and Reporting Program (Year 5)
During year 5 monitoring and reporting similar to that completed in prior years will be conducted. In
addition, the year five monitoring will include a Separate letter requesting bond fund release; time has
been budgeted to allow for a field site review with resource and regulatory agencies to facilitate final
acceptance and fund release.
6.4 Monthly HorticUltural Monitoring Program (Years 1-5) '
ThrOughout the course of the five year establishment period, horticultural monitoring will be
completed to direct site maintenance activities providing recommendations for irrigation, weed
control, and replacement planting. This program wi!l be conducted to aid in achieving required
success milestones through providing adaptive management of the maintenance program under the
direction Of the project design biologist. For budgeting purposes, this effort has been distributed
equally over 60 months, however, monitoring is concentrated and more aggressive oyer the growing
season and early in the establishment period than will be required during the winter months or during!
later years. This horticultural monitoring will be conducted by a senior botanist with considerable
revegetation experience.
7.0 ACOE/CDFG Off-sitE Mitigation MonitOring and RepOrting ~ ' ~ i '
In addition to the on-site mitigation, the 4.29 acre Off-site mitigation requirement carries the same
monitoring obligations~ This task is designed to implement an eqUivalent monit0ring program~ for the
off-site mitigation area. Due to the reduced size and length of the off-site mitigation area, less field
work is anticipated to be required to adequately ch~iracterize the mitigation area. To the extent that
the off-site mitigation may be implemented and brought into synchrony with the on-site, additional
reporting savings may be realized. For the purposes Of budgeting we have assumed that these two
efforts are separate and would be addressed as such.
7.1 Monitoring and Reporting Program (Year 1 )
During the first year of establishment, monitoring is to be completed at zero (baseline), three, six,
and twelve month intervals to evaluate early establishment and success milestones within the
mitigation site. This monitoring effort includes the initial establishment of monitoring transects and
photographic plots to be used throughout the monitoring program. Monitoring and reports as
required by the permit conditions will be prepared and submitted to the City, developers, and
resource and regulatory agencies.
7.2 Monitoring and Reporting program (Year 2-4)
During years 2-4,' success monitoring is to be conducted once per year during thel active grow'rag
seasons and shall incorporate the use of the established transects and photo plots. Monitoring will
assess the status of the mitigation area withI respect to the success milestones outlined in the
mitigation plan. Appropriate reporting will be completed as part of this task.
7.3 Monitoring and Reporting Program (Year 5)
During year 5 similar monitoring that was completed in. prior years will be conducted ~and reporting
will be completed. In addition, the year five monitoring will include a separate letter requesting bond
fund release; time has been budgeted to allow for a~eid site review with resource and regulat0ry
agencies to facilitate final~acceptanee and fund release. ~
7.4 Monthly Horticultural Monitoring Program (Years t ;5)
Throughout the course of the five year establishment period horticultural monitoring Will be
completed to direct site maintenance activities providing recommendations for irrigation, weed
control, and replacement planting. This program will be conducted to aid in achieving required
success milestones through providing adaptive management of the maintenance program under the
direction of the project design biologist. For budgeting purposes, this effort has been distributed
equally over 60 months, however, monitoring is concentrated and more aggressive over the growing
season and early in the establishment period than' Will be required during the winter months or during
later years. This hortiCultUral monitoring will be conducted by a senior botanist with considerable
revegetation experience.
' for Reeordati0n of ConservatiOn Easements
GiVen recent experience on the. recordingof the Sunbow mitigation easements, it is recognized' that a
number of supporting documents will be required and contact with ACOE and CDFG will be
necessary. This task has been provided to assist the City and developers in completing the easement
recordation for the on-site and off-site mitigation areas.
8~ 1 Aerial Photograph w/Easement BOundaries and Other Photos
The ACOE will require the preparation of the new aerial photographs identifying the location of the
easement areas and will als0 require the ph0togi'aphiC docum~ntation of the condition' within the
easemen/at
would prepare similar exhibits for the on-site Poggi Canyon and the iiff-site Wolf Canyon mitigation
areas. -
8.2 Coordination with Corps of Engineers, California Dept~ of Fish and Game
M&A wi I I work w!th the City and developers to ensure the completion of the conservation easement
through coordination with ACOE and CDFG legal staff.
8.3 Coordination With City/Otay Ranch and McMillin
As part of the conservation easement it will be necessary to carve out areas that will be reserved for
future mitigation banking purposes and coordinate with the City and developers a language which
reserves these areas for this intended future purpose. It will also be necessary to develop language
and exhibits that illustrate areas for maintenance and future utility needs. M&A will work with the
City, developers, and design engineers on these efforts and will prepare textual report materials for
this work. M&A is not proposing to conduct any of the required title report searches, or to prepare
legal descriptions for. the easements. These tasks should be completed by qualified design
engineering staff.
The cost proposal to perform the scope of work described aboye is included in the attached
spreadsheet. In order to proceed, we would need your written authorization in accordance with the
scope of work and cost proposal.
We look forward to continuing our work with you On this project. If you have questions regarding
this proposal or you need additional information, please do not hesitate to call Us at (858) 560-5645.
Sincerely,
Keith Merkel
Principal Consultant
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SECOND AMENDMENT TO
THE AGREEMENT WITH McGILL MARTIN SELF, INC.,
FOR PROJECT MANAGEMENT, PLAN REVIEW AND
FINANCIAL SERVICES FOR THE CONSTRUCTION OF
OLYMPIC PARKWAY AND AUTHORIZING THE MAYOR TO
EXECUTE SAIDAMENDMENT, APPROPRIATING $925,600
FROM THE UNAPPROPRIATED BALANCE OF THE
TR33~NSPORTATION DEVELOPMENT IMPACT FEE FUND TO
PROJECT STM-331, AND APPROPRIATING $25,500
FROM THE UNAPPROPRIATED BALANCE OF THE POGGI
SEWER BASIN DEVELOPMENT IMPACT FEE FUND TO
PROJECT STM-331
WHEREAS, the consultant, McGill Martin Self, Inc. (MMS)
has been reviewing plans for the construction of Olympic Parkway
and the channel easterly of Brandywine and coordinating the Olympic
Parkway project including its financing via a community facility
district; and
WHEREAS, staff recommends amending the MMS contract to
include Olympic Parkway from Oleander Avenue to Brandywine and
various other items and extend project management services through
March of 2002 to ensure successful construction and timing of
improvements of this important roadway segment; and
WHEREAS, with this amendment, MMS may receive up to an
additional $2,041,000 for the work outlined in the second contract
amendment for total compensation of $3,821,500; and
WHEREAS, the funds for the amendment will be paid by
developer reimbursement.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve a Second Amendment to the
Agreement with McGill Martin Self, Inc. for Project Management,
Plan Review and Financial Services for the Construction of Olympic
Parkway, a copy of which shall be kept on file in the office of the
City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Amendment on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate $925,600 from the unappropriated balance of the
Transportation Development Impact Fee Fund to Project STM-331 and
$25,500 from the unappropriated balance of the Poggi Sewer Basin
Development Impact Fee Fund to STM-331.
Presented by Approved as to form by
John P. Lippitt, Director of J~M. Kaheny, C~_~rney
Public Works
K:\home\attorney\reso\mms2nd
"
~.
~,:...)
SECOND AMENDMENT TO AGREEMENT
BETWEEN CITY OF CHULA VISTA AND MCGILL MARTIN SELF, INC.
FOR PROJECT MANAGEMENT, PLAN REVIEW AND FINANCIAL SERVICES
FOR THE CONSTRUCTION OF OLYMPIC P ARKW A Y
This first amendment to the agreement ("Agreement"), dated for the purposes
of reference only, and effective as of the date last executed, and is made with reference to the
following facts:
RECITALS
WHEREAS, the City ofChula Vista, by Resolution 19346 on January 19,1999, approved
an Agreement with McGill Martin Self, Inc. to provide professional services in connection with the
Olympic Parkway project; and
WHEREAS, an Amendment to the Agreement was approved by the City of Chula Vista, by
Resolution 19502 on June 22, 1999 which expanded the scope and extended the services of McGill
Martin Self, Inc. to June 2000; and
WHEREAS, there is a need for expansion of the project as outlined in the Olympic Parkway
financing agreement; to provide services through the completion of the construction of Olympic
Parkway (March 2002); and
WHEREAS, the City requires significant additional services of the Consultant to ensure
successful construction and timing of improvements of this important roadway segment;
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
1. Section 7 of Exhibit A of the Agreement is hereby amended to read as follows:
7. General Duties:
The Consultant shall assign Harry Burrowes, as Project Manager for the project and maintain
sufficient local staffing throughout the duration of this project. The Consultant (and their
subconsultants) and the Project Manager shall:
Perform plan check and review work for Olympic Parkway (Brandywine to SR 125),
Olympic Parkway (Oleander to Brandywine), Paseo Ranchero, La Media, and East Palomar
Street (East Palomar Street from the easterly McMillin boundary to Olympic Parkway) and
H:IHOMEIENGINEERILANDDEVIOL YMPICIMMSAM3 .DOC
Page I
address related issues which could affect the construction of Olympic Parkway including
timing of tentative map approvals for Village 1 West, timing and coordination of plans with
the landscape master plan, location of high school site, roadway connections south of
Olympic Parkway, City of San Diego waterline relocation, SB300 (Caltrans STLLP)
deadlines for bidding and award, coordination with CTV and Caltrans on SR 125, etc. It is
anticipated that City staff will have the lead on the above issues through the GDP and SPA
review process; Develop and maintain concise work plans that identify critical issues;
Establish lines of responsibilities; Prepare and maintain detailed schedule with milestones;
Communicate responsibilities to all parties; Document in writing project meetings and
decisions including agenda, action plans and minutes; Track project progress and issue status
reports; Perform schedule oversight and project coordination on the environmental
processing and permitting work including monitoring adherence to the conditions of the
permits; Provide observation of installation of stream meander measures within Poggi
Canyon; prepare and check plans, sketches and design for offsite wetland mitigation areas;
prepare Otay River Watershed Exotic Plant Species Management Plan as required by Corps
404 permit; coordination and support for recordation of conservation easements; Review
plans for compliance with acceptable engineering practices, Tentative Maps, proposed
Tentative Maps, adjacent improvements (existing and proposed), regional standards and City
Standards; Review and make recommendations for related plans and technical reports from
initial submittal through final approval;
Provide assessment engineering services; Recommend financial district boundaries and
provide coordination with the various property owners and potential buyers; Coordinate with
adjacent property owners for financial participation in the construction of Olympic Parkway
and in the maintenance of Otay Ranch Village I West open space; Prepare the Engineer's
report(s) and Special Tax Report(s); Form financial district CFD 99-1 and either another
maintenance CFD or process the Change and Modification to CFD 98-1; Assist City in the
administration of CFD 99-1; Prepare tables, exhibits and analyses for the second Series B
bond sale; Form a new CFD (99-2) for landscape maintenance of Village One West; Modify
CFD 98-1 to cancel lien on Village One West; Modify CFD 97-1 to add San Diego Waterline
parcels to district; Modify CFD 97-2 to add San Diego Waterline parcels and the "out"
parcels of Otay Ranch Village 1 West; Provide CFD and TDIF audit services for CFD 99-1
and CFD 97-3 (Olympic Parkway only); Review financing documents and prepare staff
reports and Council agenda items.
H:IHOMEIENGINEERILANDDEVIOL YMPICIMMSAM3 .DOC
Page 2
2. Section 8 of Exhibit A of the Agreement is hereby amended to read as follows:
8. Scope of Work and Schedule
A. Detailed Scope of Work:
The improvement of Olympic Parkway is being designed and planned to be constructed in
several phases requiring coordination and review of various sets of plans from different
consultants. The scope of work for this contract shall include the first phase, second phase
and third phase of construction of Olympic Parkway, Olympic Parkway from Brandywine
to Oleander, and other roadways and includes full grading and improvement of Olympic
Parkway from Oleander to SR 125, full grading and improvement of Pas eo Ranchero and La
Media from East Palomar to Olympic Parkway, full grading and improvement of East
Palomar from the Village 5 McMillin/Otay Ranch boundary to Olympic Parkway, borrow
sites, full grading and improvement of Poggi channel and a public Detention Basin. Full
underground utilities will be designed and .constructed as well as parkways, curb, gutter,
sidewalk, regional trail, channel maintenance road( s), median, lighting, striping, traffic
signals at intersections which require present and future signalization, landscape utilities
(potable and reclaimed water, etc.) and landscaping and irrigation for the street parkways
and median, trail areas, embankment areas, disturbed areas, the manufactured slopes adjacent
to the above listed roadways and the mitigation area. The various road segments may have
plans for review associated with mass grading, rough grading, improvements, landscaping
and irrigation, erosion control, traffic control and traffic signals and each may be divided
onto more than one set of plans. Based upon the Kimley-Hom Study and City Council, the
project will provide reimbursement to the developers via a public financing district such as
a Community Facilities District, etc., which could incorporate a portion ofthe costs for the
full improvement of Olympic Parkway from Brandywine Avenue to the proposed SR 125.
The scope of work tasks have been arranged into three inter-dependent major components
as follow:
1.0 Project Management, Administration and Coordination
1.1 The Consultant shall create and maintain a detailed project schedule showing critical
path items and important milestones. The Consultant shall conduct weekly meetings
and additional meetings as needed to ensure that all issues having an impact on the
project schedule are addressed and acted upon by the responsible party in a timely
manner to meet the project schedule. The Consultant shall communicate and
coordinate project issues with, but not limited to, all of the following: Developers,
private consultants and engineers, city staff, environmental consultants, permitting
agencies, environmental project manager, private and public utilities and public
financing team. For each meeting which the Consultant chairs, the Consultant shall
H:\HOME\ENGINEER\LANDDEV\OL YMPIC\MMSAM3.DOC
Page 3
prepare a comprehensive agenda with goals to achieve and an action plan listing the
responsible parties to perform. The Consultant shall also provide to City written
minutes of all meetings. On a twice monthly basis, or more often as needed, the
Consultant shall provide written progress report for the project status versus the
project schedule.
1.2 The Consultant shall manage and coordinate the processing of all plans by tracking
the progress of plan check and submittals, determining critical path tasks, acting as
departmental and interagency liaison, arranging meetings with City staff, engineers,
developers, etc., coordinating information and plans between the various private
consultants, monitoring the progress of the environmental permits from the resource
agencies and performing all tasks necessary to ensure an efficient, timely plan check
of the Project.
1.3 The Consultant shall review all City documents necessary for the construction of
Olympic Parkway, Paseo Ranchero, La Media and East Palomar Street to include,
but not be limited to: General Planes), Environmental Impact Report(s), and
associated technical appendices regarding traffic (including TAZ's, impact analyses,
threshold standards, water, wastewater, drainage, geotechnical, etc.), SPA Plans,
Tentative Maps and conditions of approval (including proposed tentative maps),
Village Design Plans, Kimley-Hom Feasibility Study, Landscape Master Plan,
Master Drainage Study and the Public Facilities Financing Planes). The Consultant
shall review and be familiar with the City's Subdivision Manual, Landscape Manual,
Grading Ordinance, Regional Standard Drawings, City Design and Construction
Standards and other City standards. The Consultant shall address all engineering
issues and make written recommendations to the City Engineer based on sound
engineering and construction practices and City standards, including the City's
threshold standards.
1.4 The Consultant shall ensure that plan review comments are in compliance with City
and applicable State standards and all related documents.
1.5 The Consultant and team will serve as support to City's staff. As such, the
Consultant shall perform tasks needed to ensure project delivery in a timely manner.
The first plan check to the City shall be completed no later than 28 days from the
date of submittal to the Consultant, the second plan check to the City shall be
completed by the Consultant no later than 14 days from the date of submittal to the
Consultant, and the third check to the City, and any subsequent plan check to the
City, shall be completed by the Consultant no later than 7 days from the date of
submittal to the Consultant (all calendar days). These completion dates may be
extended upon written approval by the City Engineer or his designee.
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1.6 The Consultant shall implement quality control measures to ensure consistency and
uniformity of all projects.
1.7 The Consultant shall provide written documentation to the City of all issues,
meetings, project progress and decisions. The Consultant shall be pro-active in
identifying issues that impact the project schedule. Once an engineering issue, a
policy decision, a financing decision or other issues are identified, the Consultant
shall immediately propose an action plan and communicate possible solutions to all
responsible parties and follow through on required actions. All decisions shall be
documented in writing by the Consultant and submitted to the City.
2.0 Plan Review
2.1 The Consultant shall be responsible for assembling a team of technical personnel
under its direction to perform the plan check duties of the City. The Consultant
shall be responsible for all aspects of the plan check process to permit issuance, and
shall encompass preparing the text for council agenda statements, review of right of
way documents and plats, legal descriptions, grading and erosion control plans,
landscape and irrigation plans, drainage plans, improvement plans, traffic plans, and
related reports (traffic, drainage, sewer, geotechnical, title, etc.) for all improvements
including but not limited to:
2.2 Road Grading, Channel, Detention Basin, Adjacent Subdivision and Borrow Site
Grading
>- Review of rough grading plans for Olympic Parkway, trail, access roads and channel
from Oleander through the Sunbow project, mass grading plans for Otay Ranch
Village I West including the detention basin, mass grading plans for Otay Ranch
Village I, Phase 7, mass grading plans for McMillin's Otay Ranch, Phase 3 (40
scale), mass grading plans for Otay Ranch Village 5, Phase 2, rough grading plans
for Olympic Parkway, trail, access roads, detention basin and channel through Otay
Ranch Village I West and Phase 7 and Village 5, rough grading plans for Olympic
Parkway, trail, access roads and channel through McMillin's Otay Ranch, Phase 3,
rough grading plans including trail and sewer access roads for Paseo Ranchero and
La Media from East Palomar to Olympic Parkway and rough grading plans including
trail and access roads for East Palomar Street from the McMillin Otay Ranch/Otay
Ranch Village 5 boundary to Olympic Parkway.
>- Review recommendations in geotechnical reports, EIR, Development Agreement and
Final Development Plan, the Kimley-Home Feasibility Study, documents listed in
subsection 1.3, Corps permits, and other permits to ensure that the grading as
proposed complies with all.
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);> Review erosion control plans for compliance with City requirements and review the
landscape and irrigation plans.
);> Review specifications for grading work, creek/habitat remediation work as
appropriate, technical reports, mitigation work, environmental work and permit
requirements, retaining walls, concrete culverts, appurtenance structures, compaction,
trenching, slope and slide repairs if applicable, and sub-drainage requirements.
);> Review adequacy of structural calculations for civil improvements and pavement
sections.
);> Help prepare and review Detention Basin Maintenance Agreement(s) and City of San
Diego waterline encroachment permit and coordinate approval with the Attorney's
Office, the Developer(s) and City Council.
2.3 Drainage
);> Review drainage plans for conformance with requirements and conditions from ErR,
the Kimley-Horne Feasibility Study, Development Agreement(s), the Master
Drainage Study, documents listed in Subsection 1.3 above, Final Development Plan,
and City Standards.
);> Review hydrology calculations for adequacy of assumptions and methodology.
);> Review hydraulic calculations for Poggi Canyon channel and all other piped and open
systems.
);> Review design and plans for creek/channel work, piped systems, drop structures,
culverts, desilt basins, extent and flow of overflows, and detention basins.
);> Review of off-site impacts both upstream and downstream.
);> Review drainage for adequacy for future development.
);> Review drainage calculations by local subconsultant to ensure adequacy of channel
and detention basin design including appurtenant facilities.
2.4 Streets
);> Review improvement plans for Olympic Parkway from Oleander to Paseo Ranchero,
Paseo Ranchero to La Media and La Media to East Palomar Street, and East Palomar
Street to SR 125.
);> Review improvement plans for Paseo Ranchero and La Media from East Palomar to
Olympic Parkway.
);> Review improvement plans for East Palomar Street from the McMillin Otay
RanchlOtay Ranch Village 5 boundary to Olympic Parkway.
);> Review roadway improvement plans for compliance with standard engineering
practices.
);> Review roadway plans for conformance with requirements and conditions from ErR,
Development Agreement, the Kimley-Horne Feasibility Study, documents in
subsection 1.3 above, Final Development Plan, and City Standards.
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~ Review plans for horizontal and vertical alignment, intersection design (existing and
future), median design, widths, sight distance, turn lanes, curb, gutter and sidewalk,
lighting, handicap ramps and ADA requirements, striping, signage, provisions for
emergency vehicle access, design of culverts, intersection lighting, etc.
~ Review of traffic signal designs and layout at Olympic Parkway and Oleander,
Olympic Parkway and Brandywine, Olympic Parkway and Paseo Ranchero, Olympic
Parkway and La Media, Olympic Parkway and East Palomar, Paseo Ranchero and
East Palomar Street, and La Media and East Palomar.
~ Coordinate the median and parkway design with the landscape plans.
~ Review landscaping and irrigation plans for the parkways, medians, trail, access road
areas, detention basin, drainage charmel and adjacent slopes for Olympic Parkway
from Brandywine to SR 125 and from Oleander to Brandywine, to include, but not
be limited to, the slopes between Olympic Parkway and Otay Ranch Village I West's
and Phase 7's pads, the slopes between Olympic Parkway and McMillin's Otay
Ranch, Phase 3's pads, and for the slopes between Olympic Parkway and Village 5's
pads.
~ Review landscaping and irrigation plans for the parkways, medians, trail, access road
areas, and adjacent slopes for Paseo Ranchero and La Media from East Palomar to
Olympic Parkway, to include, but not be limited to, the slopes between Paseo
Ranchero and Village I West's and Phase7's pads and the slopes between La Media
and McMillin's Otay Ranch's pads.
~ Review all landscaping and irrigation plans for the parkways, medians, trail, and
access road areas and adjacent slopes for East Palomar Street from the McMillin
Otay Ranch/Otay Ranch Village 5 boundary to Olympic Parkway.
2.5 Utilities
~ Review utility plans for conformance with requirements and conditions from ErR,
Development Agreement, Kimley-Home Feasibility Study, documents in subsection
1.3 above, Final Development Plan, and City Standards.
~ Review plans for construction of off-site and on-site utilities and joint utility
(electric/gas/cable tv), including locations within right-of-way and easements.
~ Review utility crossings for potential conflicts.
~ Review sewer studies, sewer line sizing and hydraulic calculations.
~ Review fire hydrant locations.
~ Review water and reclaimed water locations, check for sizing with items listed in
subsection 1.3 above, and check for conflicts.
~ Review utility relocation plans for conflicts and general coordination.
~ Review City of San Diego water line plans for conflicts and general coordination.
~ Review studies and design of sound walls for Olympic Parkway from Oleander to
200' east of Brandywine.
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2.6 Right-of-Way Documents
(The following tasks are optional for Olympic Parkway from Brandywine to SR 125
but are part of the scope of services for the portion from Oleander to Brandywine)
>- Review closure calculations for accuracy and conformance with right-of-way
documents.
>- Review legal descriptions of dedications and easements, and to whom dedicated and
purpose.
>- Review statements for conformance to Map Act and City requirements.
>- Review title reports to ensure accuracy and conformance to the right-of-way
documents, and any easements or restrictions accurately portrayed on the right-of-
way documents.
>- Review entitlements being granted to other agencies.
>- Review record of survey( s).
>- Review A-maps, plats, documents for consistency with improvement, grading, and
landscape and irrigation plans.
>- Coordinate right-of-way acquisition activities including meetings with acquisition
agent and City.
3.0 Financial District Project Management
3.1 District Formation for Olympic Parkway Improvements
3.1(a) The Consultant shall oversee the district formation to fund the improvements of
Olympic Parkway based on the Kimley-Home Feasibility Study and Council
recommendations. The Consultant shall prepare all Council Agenda Reports to the
satisfaction of the City Engineer.
3.1(b) Financial Team
With City approval, the Consultant shall: 1) Act as the special tax consultant; 2)
coordinate the work of the financing team comprised of a financial advisor, MAl
appraiser, market absorption consultant, bond underwriter, bond counsel, or other
related consultant expert to establish a public financing district for the improvement
of Olympic Parkway from Brandywine to SR 125; and 3) coordinate the work to
provide the selection committee and organize the review and selection of the
Financial Team.
The Contract budget shall include the full cost of assessment engineer and special tax
consultant work only.
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3.1(c) District Formation and Bond Sale
The Consultant shall manage and oversee the progress of District Formation and the
Series A (Original and ReMarketing) and Series B Bond Sale. The Consultant shall
prepare the special tax report(s) and related boundary diagram(s), collect available
data and shall review, analyze and develop all related documents including but not
limited to the Engineer's Report or Special Tax Report, description of improvements,
bid documents, developer reimbursements (which may be done as frequently as once
per month), cost estimates, cost and quantity audit, compliance with the City's Poggi
Sewer and Transportation Development Impact Fee programs, appraisal reports,
value-to-lien ratios, assessment and tax formulas (as many as 15 are included),
official statement(s) or disclosure documents, bond purchase agreement(s),
continuing disclosure, resolutions, etc. The Consultant shall ensure compliance with
City Policies. The Consultant shall deliver all final data, information, district
diagram, and any other material produced under this agreement in computer digital
files compatible with the software utilized by the City within two months of
completion of the district or sooner as requested by City.
3.1(d) The Consultant shall document in writing applicable issues, meetings, project
progress and decisions and report thereon to the City Engineer. The Consultant shall
monitor the progress of the Public Financing District and take all necessary steps to
ensure efficient and timely district formation and sale of bonds.
3.1 (e) The Consultant shall facilitate the district formation and bond sales by monitoring
the progress of district formation, determining critical path tasks, acting as
departmental liaison, arranging meetings with City staff, the financial team,
engineers, developers, etc., coordinating information between the various parties, and
by performing all tasks necessary to ensure efficient, timely formation of the district
and bond sales. The Consultant's tasks shall include, but not be limited to,
recordation of the boundary map, provide legal notice, perform all work associated
with the ballot, update and amend the special tax report to reflect final cost estimates,
amend and record the CFD boundary map (as necessary), prepare the final special tax
report for Council approval, determine the property owner protest, prepare tables and
other information required by the Underwriter for inclusion in the Official
Statements, prepare and execute a special tax consultant certificate confirming the
adequacy of special taxes to meet debt service requirements for the bond issues;
assist in the preparation of the Acquisition/Financing Agreement and subsequent
amendments for CFD 99-1.
3.1(f) The Consultant shall attend Council meetings to present the information to Council
regarding district formation and bond sale or other related items. The Consultant
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shall prepare, to the satisfaction of the City Engineer, all Council Agenda reports
necessary for completion of district formation and financing.
3.2 CFD 98-1 Lien Release and CFD Formation for Otay Ranch Village 1 West (CFD
99-2)
3.2(a) The Consultant shall oversee the district formation to fund the maintenance costs
associated with Otay Ranch Village I West and prepare and record CFD 98-1 lien
releases. As an alternative, the maintenance could be made a part of CFD 98-1 as
a zone within the overall district and which change and modification process would
be substantially similar to district formation. The Consultant shall prepare the text
of Council Agenda Reports to the satisfaction of the City Engineer.
3.2(b) With City approval, the Consultant shall: 1) Act as the special tax consultant; 2)
coordinate the work of the financing team comprised of legal counsel, City staff
and/or other related consultant expert to establish a public financing district for the
maintenance of Otay Ranch Village 1 West or alternately process a change and
modification to CFD 98-1 to create a zone for this maintenance; and 3) coordinate
the work to provide the selection committee and organize the review and selection
ofthe Financial Team.
The Contract budget shall include the full cost of assessment engineer and special tax
consultant work only.
3 .2( c) District Formation and Bond Sale
The Consultant shall manage and oversee the progress of District Formation or of the
change and modification. The Consultant shall prepare the special tax report(s), legal
description and related boundary diagram(s), collect available data and shall review,
analyze and develop all related documents including but not limited to the Special
Tax Report, description of improvements, cost estimates, cash flow analysis for the
first five years of maintenance, analyze impact to City of any "special" versus
"general" benefit, review petition, appraisal reports, value-to-lien ratios, assessment
and tax formulas (as many as 15 are included), or disclosure documents, resolutions,
etc. The Consultant shall ensure compliance with City Policies.
3.2(d) The Consultant shall document in writing applicable issues, meetings, project
progress and decisions and report thereon to the City Engineer. The Consultant shaU
monitor the progress of the Public Financing District and take aU necessary steps to
ensure efficient and timely district formation.
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3 .2( e) The Consultant shall facilitate the district formation by monitoring the progress of
district formation, determining critical path tasks, acting as departmental liaison,
arranging meetings with City staff, the fmancial team, engineers, developers, etc.,
coordinating information between the various parties, and by performing all tasks
necessary to ensure efficient, timely formation of the district. The Consultant's tasks
shall include, but not be limited to, recordation of the boundary map and other
documents or maps, provide legal notice, perform all work associated with the
ballot, the special tax report, special tax formula, description of district and facilities,
cost estimates and coordinating to concurrence the developer cost and type of
landscape items with various City staff, list of property owners, amend and record
the CFD boundary map (as necessary), prepare the final special tax report for Council
approval, determine the property owner protest and prepare the disclosure form in
two page format for use by the City. The Consultant shall deliver all final data,
information, district diagram, and any other material produced under this agreement
in computer digital files compatible with the software utilized by the City within two
months of completion of the district or sooner as requested by City.
3.2(f) The Consultant shall attend Council meetings to present the information to Council
regarding district formation and other related items. The Consultant shall prepare,
to the satisfaction of the City Engineer, all Council Agenda reports necessary for
completion of district formation and financing.
3.3 CFD 97-3 and proposed CFD 99-1 Audit Work
3.3(a) General.
The Consultant shall be responsible for providing auditing services for Olympic
Parkway costs included in CFD 97-3 and proposed CFD 99-1 . These services shall
include, but not be limited to, reviewing the developer's requests for each phased
payment for conformity with Financing Agreements and City's policies, state law,
certifying that all costs are eligible and payments have been paid to the appropriate
contractor to ensure that the acquired improvements are lien free, and summarizing
all costs to be reimbursed by the district fund.
3.3(b) Review Relevant Contract Documents
Consultant shall obtain and review all relevant construction contract documents, the
Special Tax Report, the financing agreement, all change orders, the as~built drawings,
the resolution of intention, Transportation, Public Facilities, and Poggi Sewer Basin
Development Impact Fee programs (DIF), and all other pertinent documents, City
policies and laws.
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3.3(c) Meet with Accounting Staff
Consultant shall meet with the developers' and City's accounting staff to identifY and
confirm the accounting documents that will be required by the Consultant. Such
documents shall include, but not be limited to, copies of invoices, canceled checks,
change orders, unconditional lien releases, and other documents reflecting the items
constructed and their cost. Improvement costs will be summarized by the consultant
as DIF eligible or not. Meetings shall be documented in writing by the Consultant.
3.3(d) Perform Audit Services
The Consultant shall review each payment request submitted to the City for
reimbursement from the District fund. The Consultant shall request additional
documentation from the developer as needed. The Consultant shall provide written
documentation to the City to include: I) an analysis comparing the original estimate
to the actual cost; 2) a letter of audited cost; 3) an executive summary and audit
format; 3) an improvement location map; 4) a City of Chula Vista acceptance letter;
5) a summary of hard and soft costs prorated as DIF (Transportation DIF, Poggi
Sewer DIF, and Public Facilities DIF) eligible and non DIF eligible; 6) a contract
summary outlining the original price, change orders, and final contract price; 7)
invoices, canceled checks, and unconditional lien releases; and 8) certification by the
Consultant that the costs are eligible for reimbursement and that the request complies
with the AcquisitionlFinancing Agreements. Requests for payments shall be
consistent with the terms of the AcquisitionlFinancing Agreements for each District.
Audit services described above shall be pursuant to the CFD 99-1
AcquisitionlFinancing Agreement. The CFD 99-1 AcquisitionlFinancing Agreement
may list more facilities than can be financed via CFD 99-1. For purposes of this
Agreement, the Consultant shall complete the audit of costs (hard and soft costs) for
purposes of release of CFD 99-1 funds in accordance with the AcquisitionlFinancing
Agreement for CFD 99-1 and for purposes of establishing DIF credit. Audit services
for the Olympic Parkway improvements for CFD 97-3 shall be completed and be
pursuant to the CFD 97-3 Acquisition/Financing Agreement.
3.4 CFD 97-2 Revisions
3.4(a) The Consultant shall perform the services necessary to amend CFD 97-2 to annex the
City of San Diego waterline parcels and the "out" parcels on Otay Ranch Village One
West. This work shall include modifYing the Boundary Map and coordinating one
election (if required), coordinating with the City and the City's legal counsel, and
preparing the necessary documents for the addition of these parcels to the CFD. The
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Consultant shall prepare the text of Council Agenda Reports to the satisfaction of the
City Engineer.
3.5 CFD 97-1 Revisions
3.5(a) The Consultant shall perform the services necessary to amend CFD 97-1 to annex the
City of San Diego waterline parcels. This work shall include modifying the
Boundary Map and coordinating one election (if required), coordinating with the City
and the City's legal counsel, and preparing the necessary documents for the addition
of these parcels to the CFD. The Consultant shall prepare the text of Council Agenda
Reports to the satisfaction ofthe City Engineer.
3.6 Project Coordination
The consultant shall assume the lead in coordinating meetings with City of Chula
Vista staff and developers, including preparing and distributing minutes of meetings
to the participants for approval.
B. General
The consultant shall perform all duties outlined in Exhibit A to the full and complete
satisfaction of the City.
The consultant shall meet with the Director of Public Works, or his designee, upon
presentation of the Consultant's monthly invoice to review the invoice. Said invoice shall
include a narrative description of the work performed. On a quarterly basis, the Consultant
shall meet with the Director of Public Works, or his designee, and other City staff as required
by the City, to review and discuss status of the project and work achieved.
C. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other:_ Upon written direction by the City Engineer.
D. Dates or Time Limits for Delivery of Deliver abies:
Consultant shall complete all work excluding audit services by March 2002.
E. Date for completion of all Consultant services excluding audit services: March 2002.
3. Paragraph (C) of Section 11 of Exhibit A of the Agreement is hereby amended to read as follows:
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C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the
following terms and conditions:
() Not-to-Exceed Limitation on Time and Materials Arrangement
(X ) Limitation without Further Authorization on Time and Materials
Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of the
Defined Services herein required of Consultant for $3,571,500, ($32,000 is for copies and
reports as identified in Section 12 of the Second Amendment to the Agreement) including
all Materials, and other "reimbursables"; and Consultant agrees that Consultant will perform
additional services on a time and materials basis as authorized by the City Manager upon
written authorization by the City Manager and with Consultant concurrence for an amount
not to exceed $250,000 ("Contingency"). Said additional work shall not be performed until
authorized by the City Manager in writing. The total amount of compensation for this
contract and amendment is $3,821,500 ("Maximum Compensation").
Category of Employee
of Consultant
Sr. Principal
Principal
Manager
Manager
Senior Professional
Associate Professional
Assistant Professional
Drafter, Designer
Secretary IClerkIT echnical
Rate Schedule
Name
Michael McGill, Marta Self
Harry Burrowes
K. HalvorsonlG.Mattson
Varies
Varies
Varies
Varies
Varies
Varies
Hourly
Rate
$150.00/hour
$135.00/hour
$120.00/hour
$120.00/hour
$11O.OO/hour
$IOO.OO/hour
$85.00/hour
$70.00/hour
$55.00/hour
( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if
delay in providing services is caused by City.
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(X) Hourly rates are subject to annual adjustment in May of each year. Any rate
change is subject to written approval by the City Manager.
4. Section 12 of Exhibit A ofthe Agreement is hereby amended to read as follows:
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
o None, the compensation includes all costs.
Cost or Rate
(X) Reports, copies, printing and postage,
Not to exceed $32,000:
() Travel, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
actual cost
5. Section 19 of Exhibit A of the Agreement is hereby amended to read as follows:
19.
City's Account Numbers:
621-6210-STM331
408-4080 DE1419
408-4080 DQ453
408-4080 DQ445
408-4080 DE
408-4080 DE
Poggi Basin Sewer DIF
Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant sooner,
the City shall be entitled to retain, at their option, either the following
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"Retention Percentage" or "Retention Amount" until the City determines that
the Retention Release Event, listed below, has occurred:
( ) Retention Percentage: _%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
[end of page. next page is signature page.]
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SIGNATURE PAGE
TO SECOND AMENDMENT TO
AGREEMENT BETWEEN CITY OF CHULA VISTA AND MCGILL MARTIN SELF, INe.
FOR PROJECT MANAGEMENT, PLAN REVIEW AND FINANCIAL SERVICES FOR
OLYMPIC PARKWAY FROM BRANDYWINE TO SR-125
IN WITNESS WHEREOF, City and Consultant have executed this ~Second Amendment
to the Agreement thereby indicating that they have read and understood same, and indicate their full
and complete consent to its terms:
Dated:
,19_
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated:
.-'
By:
G. Burrowes, PE.
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COUNCIL AGENDA STATEMENT
ITEM: ,.5'
MEETiNG DATE: March 28, 2000
ITEM TITLE: Resolution Amending the Fiscal Year 1999-2000 budget for
the City Clerk's Department to appropriate $25,184 in
additional funding for office supplies and unanticipated
~0 election costs
SUBMITTED BY: City Clerk
Approval of the resolution will add $3,000 to the City Clerk's budget for paper supplies for the
networked copier and $22,184 to the Elections budget to cover the costs of ( 1 ) services provided by
the Registrar of Voters to tabulate signatures on the solid waste referendum petition ($13,484) and
(2) two Charter amendments placed on the March 7, 2000 ballot.
RECOMMENDATION:
The Council amend the FY 1999-2000 budget to cover the above costs, funded from the available
fund balance in the General Fund.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On June 17, 1999, the City Clerk presented to the Council the proposed operations and elections
budgets for the City Clerk's Office for FY 1999-2000. At that time, the Council conceptually
approved the budgets, including $3,000 for paper supplies for the new networked copier. The $3,000
was inadvertently omitted from the final budget document.
In addition, a referendum petition was submitted during the current fiscal year against the solid waste
management ordinance. The Registrar's costs to tabulate the signatures was $13,484. Finally, the
budget allocation for the March 7, 2000 election did not include the cost to add two Charter
amendments to the ballot. Adoption of the resolution will amend the City Clerk's budgets to
accommodate these additional costs.
FISCAL IMPACT:
The net impact on the General Fund for FY 1999/2000 is $25,184 ($3,000 to the City Clerk's
Operations office supply account and $22,184 to the City Clerk's Elections professional services
account).
.5-/
COUNTY OF SAN DIEGO Estimate
REGISTRAR OF VOTERS
5201 RUFFIN ROAD, SUITE I Number: E343
SAN DIEGO, CA 92123-1693
Telephone (619) 694-3400 Date: February 07, 2000
Bill To: Ship To:
City of Chula Vista
Attn: City Clerk
276 Fourth Avenue
Chula Vista, CA 91910-2631
Terms Option Number Registered Voters Activity Org # Fund/Account
net 30 days 1101 t69~5 j Primary Election 4232 513500/0800
Date ;Description Amount
March 7, 2000 Consolidated Costs 21,814.00
Sample Ballot Costs 16,883.00
Total 38,697.00
Please make your check payable to: County of San Diego.
Call (858) 694-3424 if you have questions about this billing.
RESOLUTION NO. 2000-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 1999-2000 BUDGET FOR THE CITY
CLERK'S DEPARTMENT TO APPROPRIATE $25,184 IN ADDITIONAL
FUNDING TO COVER INCREASED COSTS
WHEREAS, on June 17, 1999, the City Council approved, in principle, the budget for the
Office of the City Clerk for Fiscal Year 1999-2000; and
WHEREAS, the amount of $3,000 for increased costs in office supplies was inadvertently
omitted from the final budget for Fiscal Year 1999-2000; and
WHEREAS, a referendum petition against the City's solid waste management ordinance was
submitted, and the cost of the services of the Registrar of Voters to tabulate the signatures and certify
the results was $13,484, an unanticipated expense; and
WHEREAS, the cost to place two proposed Charter amendments on the March 7, 2000 ballot
was also unanticipated and increased the costs of the services of the Registrar of Voters.
NOW, THEREFORE, BE IT RESOLVED that the amount of$25,184 is hereby appropriated
--- from the available fund balance in the General Fund to the City Clerk's Fiscal Year 1999-2000
budget.
Presented by Approved as to form by
City Clerk
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of March, 2000, by the following vote:
AYES: Councilmembers:
NAYS: Counci lmembers:
ABSENT: Councilmembers:
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Cle~'k
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2000-__ was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 28th day of March, 2000.
Executed this day of March, 2000
Susan Bigelow, City Clerk
COUNCIL AGENDA STATEMENT
ITEM ~
MEETING DATE March 2,8, 2000
ITEM TITLE: Resolution Amending the FY 1999/00 Budget to Add seven
(7.00) positions to the Human Resources Department, associated
equipment and furnishing and additional funding for various operating
accounts including advertising, hourly salaries, and professional services;
amending the contract with John Shannon Associates to complete Phase
H of the Compensation/Classification Study and waiving the consultant
selection process; authorizing the additional payment of $45,000 to Wolf
Consulting Group to finalize the Executive/Senior Management Role
Definition process; and appropriating $2:34,654 from the unapproprlated
fund balance of the General Fund and $43,250 from the unappropriated
fund balance of the Public Facilities Development Impact Fee (DW)
Fund, therefore.
SUBMITTED BY: Director of Human Resources
Deputy City Manager
REVIEWED BY: City Manager ~y ~ (4/51h Vote: Yes X No__)
SUMMARY: The Human Resources Department is requesting the addition of seven (7.00)
full-time positions. 2.00 are related to increased recruiting levels; 2.00 are related to Phase 1I
implementation and subsequent maintenance of the Classification Plan; and 3.00 are to perform duties
and provide support in response to the increasing number and complexity otissues associated with a
greater number of employees and volunteers ($89,654 General Fund). Also requested is funding for
the associated supplies and office equipment for these positions ($43,250 Public Facilities DIF); and,
additional funding not directly related to these positions for advertising, hourly salaries, and
professional services ($145,000 General Fund).
RECOMMENDATION: It is recommended that Council adopt the Resolution amending the FY
1999/00 Budget to add seven (7.00) positions to the Human Resources Department, associated
equipment and fumishings and additional funding for various operating accounts including
advertising, hourly salaries, and professional services; amending the contract with John Shannon
Associates to complete Phase H of the Compensation/Classification Study and waiving the consultant
selection process; authorizing the additional payment of $45,000 to Wolf Consulting Group to ~nalize
the Executive/Senior Management Role Definition process and appropriating $234,654 from the
unappropriated fund balance of the General Fund and $43,250 from the unappropriated fund balance
of the Public Facilities Development Impact Fee (DIF) Fund, therefore.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: It is the goal of the Human Resources Department to provide superior customer
service to both our internal and external customers. Throughout the year it has become apparent that
to maintain even an acceptable level of service in light of the addition of staff and volunteers
throughout the City, and to uphold the Council's commitment to develop and implement a
Classification Plan, that additional staffing and operating funding is necessary this fiscal year. The
recommended staffing and funding will provide the necessary support for the City' s human resources
services. Following is a detailed description of the recommended positions and funding.
One {1.00) Personnd Analyst (FY99/OO-$10,200;FY00/01-$61,198)- This position is being
requested to meet the demands placed on Human Resources as a result of a growing workforce
related to growth of the City. The addition, city-wide, of 75 new positions this year (including mid-
year requests) has created an ongoing workload increase for the Department's 2.5 Personnel
Analysts. In order to maintain the efficiency of City operations, other departments must rely on HR to
fill vacancies expeditiously without sacrificing quality. The current exam load of 35 per analyst is not
expected to lessen. Looking at only one workload indicator - applications processed - one can see
how this growth has impacted HR. In FY97/98, the department processed (accepted via mail or the
front counter, input into the Sigma System, screened and notified) 3,038 employment applications.
The number increased to 5,141 in FY98/99 and the year to date figure as of February 2000, was
4,737. Taking into account anticipated activity (both ongoing and new position reeruitments), the
number should easily exceed 8,000 by the end of the fiscal year. This will represent a 55.6% increase
over the FY98/99 workload.
Other duties performed by the analysts include: · Advisor to assigned departments' management on all non-sensitive personnel issues.
· EEO-related responsibilities.
· Surveys - The HR Department receives a minimum of 60 surveys from other government
agencies to complete each year. On the average, it takes 1-2 hours to complete one survey.
These surveys are almost always time sensitive and often lengthy and complex. Given our
frequent requests for information and oral board raters from cities in the County, it is more
than a courtesy that we respond to these requests for information. It is essential that we can
rely on these agencies for assistance and therefore, we must assist them as much as possible.
· Trouble-shooting payroll issues.
· Other employee issues requiring research, meetings, follow-up action.
· Special projects are assigned on a regular basis.
The last time an analyst position was added was in 1991. From 1991 until July 1995, there were three
full-time analyst positions and less than half the exam load.
One (1.00) City Volunteer Coordinator (FY99/00-$10,200; FY00/01-$61,198) - Today, with
more than 800 volunteers providing assistance to most City departments, there is a need for a
coordinator to oversee these resources on a city-wide basis.
The majority of these volunteers serve in the Police Department, Library and Recreation Department
and at the Nature Center. Of these departments, only the Library and Nature Center have staff
dedicated to coordinate their operations' volunteers (the Library has a. 50 Volunteer Coordinator and
the Nature Center has a full-time Volunteer Coordinator). All other departments have assigned the
scheduling and timekeeping functions for volunteers to various staff members. While these positions
have been successful in the aforementioned departmental coordination efforts, they cannot be
expected to evaluate potential habillty and risk exposures presented by a Volunteer Program on an
organization wide basis. That will be the job of the City Volunteer Coordinator, while department
coordinators will retain the scheduling and timekeeping functions within their departments.
Of primary concern is the need to control placement, monitor volunteer activities for purposes of
liability, and ensure training is received where necessary. Volunteers provide services which may
include driving, physically demanding duties and pubhc contact - all which require the attention,
oversight and coordination with Risk Management in order to protect the City while making the best
use of these valuable resources. When the City' s Volunteer Program was started in 1979, there was a
half-time coordinator to oversee city-wide 1/10t~ the number of volunteers we have today. At that
time in history we were not faced with many of the employment and tort liability issues that we see
today. Issues related to potential liability have arisen several times this past year requiring assistance
from both the Assistant Director of Human Resources and the Risk Manager in order to mitigate the
potential liabilities. With a position assigned to coordinate the volunteer functions city-wide these
issues could be avoided entirely.
In addition to coordinating the screening, placement and training of volunteers, the City Volunteer
Coordinator will be responsible for planning and carrying out the annual Volunteer Recognition
Event. Preparation for this event is a duty currently performed by the Department's Confidential
Administrative Secretary - requiring a minimum of 40 hours of her time, adding to her already heavy
workload and diverting administrative support services from the Director and the Assistant Director.
One (1.00) H.R. Operations Manager (UC) (FY99/00-$15,890; FY00/01-$95,340) -Requested
is a new Senior Management position with primary responsibility for overseeing the day-to-day
management of the Operations Division of the HR Department. This position is essential to allow the
Assistant Director to focus on: 1) Providing assistance to departments in discipline and other
sensitive personnel issues. One personnel issue handled improperly can cost the City thousands of
dollars in litigation and lost productivity costs; 2) Development ofpohcies, procedures and programs
such as: Violence Prevention Program, making necessary revisions to the Harassment and
Discrimination Policy, Drug-Free Workplace Policy, Cultural Sensitivity Program, Administrative
Policy on Discipline, and a Sick Leave Abuse Policy, just to name a few; and, 3) Coordinating
activities with Organization Development and Training (ODT) and overseeing Risk Management
activities.
The H.R. Operations Manager will assume the following duties from the Assistant Director of Human
Resources:
· Supervision of the Classification and Personnel Analysts and administrative support stafE
· Provide greater liaison and coordination with departments in the recruitment process.
· Handle overflow recruitments and those recruitments that are at the Senior and Executive
level.
· Have a major role in budget preparation and monitoring.
· Develop procedures to streamline and increase effectiveness of the employee selection
process.
· Administer the position control system (a time-consuming and essential duty) and oversee the
Classification Study process.
Two (2.00) Classification Analysts (FY99/00-$23,110; FY 00/01-S138,659) - Last year, it was
recommended and approved by Council, to conduct a classification study of each of the 275 plus non-
sworn classifications in the City. A city-wide classification analysis had not been conducted since
1989. On demand, the Director has performed rudimentary classification studies. Due to the demand
volume and the attention needed, the Director has not been able to keep up with the demand. The
result has been an extremely dysfunctional Classification Plan that has produced inequities and poor
employee morale. To ensure that this does not happen in the future, the goal is to develop meaningrid,
legal job descriptions, appropriate pay scales and to reduce the overall number of distinct
classifications.
The initial review of these classifications will take anywhere from 18 to 24 months. Due to workload
within the Department it is mealistic to expect existing staff to conduct the needed studies on
anything other than an "as time permits" basis. Additionally, classification analysis requires specific
expertise that the current staff does not possess and would not be feasible to provide them with given
the limited amount of time that they would be able to devote to this function. John Shannon, the
salary and classification consukant, has recommended that two thll-time permanent staff positions be
added to address only classification issues.
The two Classification Analysts will work with the Consultant in conducting the study of clerical
classifications in order to learn and develop a standardized analysis tool. The Analysts will use these
tools in conducting studies of the remaining positions and will be responsible for updating and
maintaining the Classification Plan once it has been established.
Without adding positions with these specialized skills and requisite expertise, the Classification Study
will not be completed in a timely manner, which could jeopardize our commitment to CVEA, to
complete the project prior to the expiration of their contract in June 2001. The delay in completing
the initial classification study would be anywhere from 12 to 18 months and only if other human
resources work were set aside or substantially delayed. As was described in the justification of the
additional Personnel Analyst position, we are already barely meeting our demands and it would be
unreal to expect that those demands as well as the need to address classification issues could be met
without the addition of these positions. We have expl6red the possibility of "contracting-out" this
function and have determined that it would be significantly more costly than adding the two positions
and would not provide the continuity and on-going support necessary to maintain the Classification
Plan.
Subsequent to the Clerical Study, the Classification Analysts will be charged with maintenance of all
class specifications and the overall Classification Plan. Their duties will include:
· Bi-annual review of each class specification to keep the duties and requirements current for
recruitment purposes.
· A study of positions in each classification every five years to ensure accuracy of class
descriptions and pay equity. Each such study will take from two weeks to two months
depending upon the number of positions in the class and complexity of functions. Assuming
250 classifications at the conclusion of the city-wide study, each analyst would be responsible
for the review of 25 classifications each year, plus non-scheduled studies.
· Classification studies for any position that experiences significant changes in job duties.
· Review of all positions requested as part of the budget process.
· Regular salary surveys either as part of a labor agreement or for periodic review to determine
market placement and completion of the annual C CP A survey of all agencies in the County.
· Coordination of all classification revisions with the appropriate labor groups, if necessary.
· Regular updating and negotiating of the Bump Charts used in the event of layoffs if necessary.
One (1.00 FTE) Sr. Risk Management Specialist/Workers' compensation and Disability
Management (FY99/00~$12,000; FY 00/01-$69,311)
Each year the City spends an average of $1.6 M on costs related directly related to workers'
compensation issues. These costs include insurance premiums for excess coverage, contractual
administration, indemnity, medical, rehabilitation and legal costs. Not included in this figure are the
soft costs associated with work injuries such as paying overtime to cover the absences of public safety
employees, lost productivity, effects on actuarial assumptions due to increased disability retirement
activity, and the loss of the City's investment in those employees who are disabled by their injuries to
the extent that they can no longer work. Through the City's Safety program efforts to reduce the
number and extent of injures are on going, and we have seen a reduction in the number and cost of
claims. This however, is just one aspect of the risk management of workers' compensation.
The City currently contracts with Tristar Risk Management for the handling of our estimated 225
claims per year as our third party administrator (TPA). While the TPA handles the day-to-day claim
processing and administration there is still a large amount of work to be done by City staff to
effectively manage these claims. Currently, the City's Risk Manager spends a minimum of 25% of
her time on workers' compensation related items. In addition to taking away from her time to
manage the City's overall risk, she is only able to address the most superficial and pressing issues
related to workers' compensation. Because of this, the injured employees and the departments for
whom they work are suffering. Employee settlements, disability retirement determinations, review of
modified work assignments are not being given the detailed level of attention they deserve, nor or
they being completed in as timely a manner as they could be. The lack of time available to existing
staff to pay attention to details also weakens the City's defense when appearing at the Workers'
compensation Appeals Board, Small Claims Court, and other judicial venues.
Last spring when the staffing needs of the Risk Management Division were brought forward to the
Council it was anticipated that by relieving the Risk Manager of the other duties for which staff was
approved (e. g. Benefits Manager, additional Safety and liability positions, and clerical staff to keep up
with maintaining the employees' workers' compensation and medical files) that there would be
enough time available to address the issues associated with workers' compensation. It is now
apparent that not only are the tasks associated with workers' compensation more time consuming
than initially thought, they are also in need of more detailed attention than is available in order to
reduce costs and increase revenues. These duties are also taking away from the Risk Manager's ability
to manage the City' s overall risks or to provide guidance and support to the other Risk Management
functions. If the Risk Manager's time spent on workers' compensation were freed up she could: 1)
explore in detail whether it is in the City' s interest to maintain our current sell-insured retention or
whether if we lower or increase it; provide coordination of the Risk Management Division, HR
Operations and other City functions as they relate to Risk Management; 3) meet with department
managers to look at our exposure and asset protection issues among other things.
The recommended Sr. Risk Management Specialist position would be charged with: · Developing and implementing a Return to Work Program
· Developing a relationship with the injured workers, sheparding them through the workers'
compensation process, a process that can be quite alienating and confusing by design.
· This position will work closely with the TPA in developing plans of action, conducting
regular claim reviews, and ensuring that the claim is being handled in the most beneficial
manner to the City and the claimant.
· The position will, with the help of a consultant, develop job analyses of each job in the
City and will update these descriptions when job tasks are changed or modified by the
purchase of new equipment, These job analyses would identify the essential functions of
each job and will be incorporated into each job description and in all recruitment material
used in the City.
· The position will refine the workers' compensation a cost allocation methodology to
ensure that each department carries their "fair share" based not only on their experience
but also on the risk exposures they produce.
· Risk Management 's Safety team and this position will work hand in hand in investigating
injury reports, developing preventative measures where appropriate, and ensuring that an
alleged injury is actually the result of or aggravated by the employee's job.
· The position will continually evaluate whether the City is better served by continuing to
contract for our claims administration or by bringing that function in-house. They will
also look at whether it would be feasible to contract out our services to other agencies to
offset the capital start up costs and to provide a revenue stream.
· The position will provide on-going training to supervisors, employees, and payroll clerks
on the importance of timely reporting, how the workers' compensation process works,
their role in the process, etc.
· The position will review cost containment measures (e.g. negotiating with outside
counsel, bill review etc.), to ensure we are getting the best service at the best rates and to
identify better ways of doing business.
· The position will be responsible for coordinating ADA and Permanent and Modified
Alternative Accommodations.
· This person would pursue recovery of money via subrogation against third parties
responsible for employee injuries (e.g. motor vehicle accidents, defective equipment, etc. ).
Other tasks that this position will assume from the Risk Manager include: preparing excess
insurance applications; reporting to the Department of Labor regarding the City's workers'
compensation claim activities, coordination of the mandatory OSHA 200 Log of Injuries and
Illnesses preparation, identifying and organizing witnesses for the City's defense of claims;
scheduling meetings with the adjuster and the injured worker, coordinating with the Employee
Benefits Section of Risk Management to ensure that employee's are receiving all benefits to
which they are entitled during their absence (e.g. STDFLTD, FMLA, etc.); preparing
recommendations for settlements, including reports to the City Manager and/or Council where
applicable; working with the TPA, and departments' payroll clerks to ensure employees are
receiving credit for the appropriate number of disability hours; working with the Occupational
Medical providers to ensure that any of their concerns or needs for additional information are
met; reviewing and making recommendations as to granting safety disability retirements; review
of excess insurance policies for adequacy of coverage and to ensure that all claims that may be
ehgible for recovery ~'om excess insurance are reported in an timely manner (failure to do so
results in penalties and reduced recovery potential), and many other related tasks that are too
numerous to name here.
One (1.00) Confidential Administrative Office Assistant III (FY99/00-$6,654; FY00/01-
$39,925) - This position is being requested to meet the clerical support demands placed on the FIR
Department as a result of adding the aforementioned new positions.
The primary role of the position will be to provide clerical support to the Classification Analysts and
the City Volunteer Coordinator and will provide back-up for the Front Counter positions during
breaks, leaves and times of heavy activity. The position will also be responsible for coordinating the
maintaining the Department's files and providing general records management, processing and
distributing mail, photocopying, form design and maintenance, word processing support and a myriad
of other clerical duties, thereby increasing the overall efficiency and customer service of the
department.
Part-time itourly Salaries (FY99/00-$11,600) -These funds will allow the Department to continue
to employ two (2.00) part-time hourly Interns (at the graduate student level) through the end of the
fiscal year to provide services including special projects and assistance to professional staff.. Because
the Department' s current workload and the resultant need to utilize Intern staff more heavily than
normal was unanticipated when preparing the current year's budget the appropriated funding will be
exhausted at the end of April. The additional funds are necessary to provide the additional support
to the Personnel Analysts until a permanent analyst is hired and brought up to speed (late May or
early June) and to ensure that the Pilot Performance Evaluation program is completed.
One of these intems has been functioning as an entry-level analyst, assisting the Personnel Analysts in
meeting the increasing recruitment exam workload. The other intern is ~nalizing the City's Pilot
Performance Evaluation System project that was started last year. The goal of the project is to
develop a performance-based evaluation plan for each position in the City. At the end of this fiscal
year, three departments will have concluded the Pilot Program. The intern hours are needed to assist
the departments through this pilot period and to help evaluate the efficacy of the evaluation
instrument designed.
Classification/Compensation Study ($80,000)- The requested funds will fully fund the professional
services of a Consultant (John Shannon) for completion of the Classification/Compensation Study.
The Consultant will function as lead in the Classification Study of the clerical series and will develop
the framework on which all other classification studies will be patterned. They will develop a process
for ongoing analysis and will provide training in classification analysis within this framework to the
recommended Classification Analysts and to all staff, impacted by the classification process. This
phase (Phase II) of the Study has been conceptually approved by Council in the past and is consistent
with what has been agreed to with the bargaining units.
Executive Management Development ($45,000) - The recommended fi~nding will allow Gordon
Wolf, the Consultant, to fmaiize the Executive Manager Training/Coaching/Team Building process
authorized in January, 1999. As the total cost of the consultants ' services this fiscal year has exceeded
$50,000, Council approval is requested to waive the selection process as impractical and authorize an
additional payment of $45,000. Once the Consultant has completed his role, the ongoing training,
coaching and team building duties will be assumed by Organization Development and Training (ODT)
staff at no additional cost to the City.
Advertising ($10,000) - Prior to the implementation of the Compensation Phase of the
Classification/Compensation Study mid-fiscal year, it was often necessary for Human Resources to go
to extra lengths, including more, and more frequent recruitment advertising to reach qualified
applicants. The additional outreach required resulted in a higher than anticipated use of budgeted
advertising funds. The requested $10,000 will ensure adequate funding to cover recruitment
advertising activity for the remainder of this fiscal year. On the average, each ad placed in the San
Diego Union-Tribune costs $250. The HR Department has conducted 98 recruitments so far this
fiscal year. This has resulted in a minimum cost of $24,500. Though this far exceeds the $15,000
budgeted for this purpose, it has been an essential expense. Up until this point we have been able to
absorb the excess funds needed through our operating budget. We are at the point where it is no
longer an option to absorb these costs if we are to fulfill our other operational requirements.
Purchase of Validated Public Safety Written Examinations ($10,000) - The HR Department
typically rents validated public safety written exams from Cooperative Personnel Services (CPS). In
addition to the necessary validation, CPS scores and analyzes each examination and classification
group and provides the statistics supporting the validation. Purchasing these exams costs up to
$2,500 each, depending upon the number of applicants taking the test. When preparing the current
year' s budget we believed that there would only be one entry level Peace Officer examination to be
given this year. At that time there was uncertainty as to whether we would be recruiting for
Firefighters before the end of the fiscal year. Due to the number of new position vacancies in the
· Police Department coupled with normal turnover in the Police and Fire Departments, it will be
necessary to conduct one of each exam before the end of this fiscal year. The use of validated written
exams in both of these high profile recruitments, as well as other non-safety classes for which they are
available, is mandatory because of the protects from claims of discrimination or bias they provide to
the City.
Equipment and Furnishings Associated with Recommended Positions ($43,250 Public Facilities
DIF) - The recommended positions will need to be provided with furniture and equipment in order
to carry out their jobs. The recommended funding will provide these items.
FISCAL IMPACT: The cost of the recommended appropriations for the remainder of this fiscal
year is $277,904 of which $43,250 for furnishings and equipment will come from Development
Impact Fee revenues and $234,654 from General Fund revenues. The annualized cost of the seven
(7.00) additional positions is $465,631, and will be included in the Human Resources Department
FY00/01 Budget.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 1999/00 BUDGET TO
A/DD SEVEN (7.00) POSITIONS TO THE HUM3LN
RESOURCES DEPARTMENT, ASSOCIATED EQUIPMENT AND
FURNISHINGS AND ADDITIONAL FUNDING FOR VARIOUS
OPERATING ACCOUNTS INCLUDING ADVERTISING,
HOURLY SALARIES, AND PROFESSIONAL SERVICES;
APPROVING A FIRST AMENDMENT TO THE CONTRACT
WITH JOHN SHANNON ASSOCIATES TO COMPLETE PHASE
II OF THE CLASSIFICATION/COMPENSATION STUDY;
WAIVING THE CONSULTANT SELECTION PROCESS AND
AUTHORIZING THE ADDITIONAL PAYMENT OF $45,000
TO WOLF CONSULTING GROUP TO FINALIZE
EXECUTIVE/SENIOR MANAGEMENT ROLE DEFINITION
PROCESS; AND APPROPRIATING $234,654 FROM THE
UNAPPROPRIATED FUND BALANCE OF THE GENERAL
FUND AND $43,250 FROM THE UNAPPROPRIATED FUND
BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT
IMPACT FEE (DIF) FUND, THEREFOR
WHEREAS, the Human Resources Department is requesting the
addition of seven (7.00) full-time positions: 2.00 are related to
increased recruiting levels; 2.00 are related to Phase II
implementation and subsequent maintenance of the Classification
Plan; and 3.00 are to perform duties and provide support in
response to the increasing number and complexity of issues
associated with a greater number of employees and volunteers
($89,654 General Fund); and
WHEREAS, in order to complete Phase II of the
Classification/Compensation, it is necessary to extend the contract
with John Shannon Associates to and until October 20, 2000 and add
additional compensation not to exceed $80,000; and
WHEREAS, due to the necessity to finalize the Executive
Manager Training/Coaching/Team Building process authorized in
January, 1999, it is necessary to waive the selection process as
impractical and authorize an additional payment of $45,000 to Wolf
Consulting Group; and
WHEREAS, funding is also requested for the associated
supplies and office equipment for these positions ($43,250 Public
Facilities DIF); and
WHEREAS, additional funding not directly related to these
positions for advertising, hourly salaries, and professional
services ($145,000 General Fund) is also needed.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the FY 1999/00 Budget to add
the following seven (7.00) positions to the Human Resources
Department:
1
H.R. POSITION TO BE ADDED FY 99/00 COSTS FY 00/01 COSTS
(1) Personnel Analyst $10,200 $61,198
(1) City Volunteer Coordinator $10,200 $61,198
(1) Human Resources Operations Manager $15,890 $95,340
(2) Classification Analysts $23,110 $138,659
( 1 ) Senior Risk Management Specialist/ $12,000 $69,311
Workers' Compensation and Disability
Management
(1) Confidential Administrative Office $6,654 $39,925
Assistant III
BE IT FURTHER RESOLVED that associated equipment and
furnishings and additional funding for various operating accounts
including advertising, hourly salaries, and professional services
is hereby approved and $234,654 is hereby appropriated from the
unappropriated fund balance of the General Fund and $43,250 is
hereby appropriated from the Public Facilities DIF Fund.
BE IT FURTHER RESOLVED that the City Council approve an
Amendment to the Contract between the City of Chula Vista and John
Shannon Associates approved by Resolution No. 19438 to extend the
term of the contract to and until October 20, 2000 and provide
additional funding not to exceed $80,000 to complete Phase II of
the Classification/Compensation Study for the City.
BE IT FURTHER RESOLVED that the City Council waive the
selection process and authorize the additional payment of $45,000
to Wolf Consulting Group to finalize the Executive/Senior
Management Role definition process.
Presented by Approved as to form by
Human Resources
2
FIRST AMENDMENT TO CONTRACT BETWEEN THE CITY
OF CHULA VISTA AND JOHN SHANNON ASSOCIATES TO
PROVIDE CLASSIFICATION/COMPENSATION SERVICES
THIS FIRST AMENDMENT to the Contract between the City of
Chula Vista, hereinafter referred to as "CITY" and John Shannon
Associates, hereinafter referred to as "CONSULTANT" is entered into
as of the day of March, 2000.
RECITALS
WHEREAS, it is necessary to amend the original contract
dated April 20, 1999 by and between the parties to provide for an
extension of time and additional compensation.
NOW, THEREFORE, the contract by and between CITY and
CONSULTANT is hereby amended in regard to Paragraphs 6 and 9 only
which are amended to read as follows:
6. COMPENSATION.
a. Invoices will be submitted by CONSULTANT monthly,
as work is completed. The CONSULTANT's hourly rate
is demonstrated in Exhibit A, paragraph 3. Total
cost to CITY shall not exceed $140,000 for the term
of 18 months commencing on or about April 20, 1999
and ending on or about October 20L 2000.
Compensation will also include fees related to
necessary travel expenses, printing costs,
postage/delivery costs and long distance telephone
call costs.
All billings submitted by CONSULTANT shall contain
sufficient information as to the propriety of the
billing to permit the CITY to evaluate that the
amount due and payable thereunder is proper.
b. Charges for Services. 'The charges for services
provided during the entire term of this Agreement
are payable to CONSULTANT by the City within 30
days of the receipt of the billing.
9. TERMS OF AGREEMENT.
a. Commencement. The term of this Agreement shall be
for a period of 18 months commencing on April 20,
1999 and ending on October 20, 2000.
b. Termination of Agreement for Cause. If, through
any. cause, CONSULTANT shall fail to fulfill in a
timely and proper manner CONSULTANT's obligations
1
under this Agreement, or if CONSULTANT shall
violate any of the covenants, agreements or
stipulations of this Agreement, CITY shall have the
right to terminate this Agreement by giving written
notice to CONSULTANT of such termination and
specifying the effective date therefor at least
five (5) days before the effective date of such
termination. In that event, all finished or
unfinished documents, data, studies, surveys,
evaluation surveys, interview surveys, drawings,
maps, reports and other material prepared by
CONSULTANT shall, at the option of the CITY, become
the property of CITY, and CONSULTANT shall be
entitled to receive just and equitable compensation
for any work satisfactorily completed on such
documents and other materials up to the effective
date of Notice~ of Termination, not to exceed the
amounts payable hereunder, and less any damages
caused CITY by CONSULTANT's breach.
IN WITNESS WHEREOF, the parties have executed this FIRST
AMENDMENT as of the date written above.
CITY OF CHULA VISTA CONSULTANT
David D. Rowlands, Jr. John Shannon
City Manger
Approved as to form by
John M. Kaheny, City Attorney
2
COUNCIL AGENDA STATEMENT
ITEM 7
MEETING DATE 3/28/99
ITEM TITLE: Resolution Amending the current Fiscal Year Budget by
Adding one Mid Management position of Battalion Chief; and changing the
title of Fire Marshal GUnclassified) to Assistant Fire Chief (Unclassified) in
the Fire Department; and adding one Senior Management Analyst position;
Reclassifying two part-time, hourly Recycling Ranger positions to two
Recycling Ranger IflI and adding one Administrative Technician position in
Administration and appropriating funds therefore based on unanticipated
revenue.
SUBMITTED BY: Director of Human Resources Q~
REVIEWED BY: City Manager 5(~6 9~' (4/51h Vote: Yes X No )
The addition of and changes to positions in these two departments is requested to continue to
effectively meet the service demands on the City.
RECOMMENDATION: That Council adopt the Resolution amending the FY00 budget by:
1) Adding one Battalion Chief to the Fire Department and changing the title of Fire Marshal to
Assistant Fire Chief (UC) and
2) Adding one Senior Management Analyst; adding one Administrative Technician and
reclassifying two hourly Recycling Ranger positions to full-time benefited Recycling Ranger I (E
step salary $28,009) and II (E step salary $31,001 ) in Administration and appropriating $33,000
based on unanticipated reimbursement, grant and franchise revenues and
3) Appropriating $5000 from the Public Facilities DIF for office and computer equipment for the
Senior Management Analyst position
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
FIRE DEPARTMENT
As part of the compensation adjustments adopted by Council in November, 1999, it was intended
that the position of Fire Marshal would be reclassified to Assistant Fire Chief and that a replacement
position for Fire Marshal would be requested sometime next fiscal year. While pay and benefits were
1 rT_t
appropriately amended, inadvertently, the title was not changed from one to the other. It is now
requested that the title of Fire Marshal (UC) be changed to Assistant Fire Chief, also in the
Unclassified Service, at the Senior Management level, and add one (1) FTE Battalion Chief.
At the time of the proposed reclassi~cation of the Fire Marshal position to Assistant Fire Chief, it
was understood that a Fire Marshal position would be reinstated later in this calendar year. While
the Fire Chief initially anticipated the action some time after July, 2000, he now believes that a more
realistic approach is to have both positions filled as soon as possible. As it is, one person has
assumed duties for both Fire Operations and Fire Prevention management. The need for the
Assistant Fire Chief is based on an exceptional increase in service demand over the last ten years.
During that period, the emergency calls have increased by 50% to almost 10,000 per year. Two of
the fire stations are the busiest in the State. In addition to the increase in fire and medical
emergencies, there has also been an unprecedented increase in workload in the Fire Prevention
Bureau. Because of the growth of new homes and businesses in our city, fire inspections and phm
checks have risen to historically high levels.
In response to the workload in the Prevention Bureau, the department has increased the number of
fire inspectors. Last year the department utilized a cost saving approach by reducing the number of
swom staff in the Bureau and adding civilian fire inspectors. This approach has effectively increased
the staff by one FTE.
Historically, the Bureau has been managed by a Fire Marshal at the level of Battalion Chief. Several
years ago, that position was moved into Senior Management and the pay was increased. This was to
recognize the additional duties assumed by the incumbent that assisted the Fire Chief in the
management of the overall deparm~ent in addition to the traditional prevention duties. Since that
incumbent has assumed the role of Assistant Fire Chief(with commensurate pay), it is not necessary
to add a Fire Marshal position at the higher level. In fact, the Chief is proposing filling it as a
Battalion Chief. This would increase the Chiefs flexibility in rotating staff among the Battalion
Chief positions in Suppression, Training and the Fire Prevention Bureau with a goal of improving
consistency and standardization in Fire Department Operations. While this is obviously a benefit for
the department, it will aid the incumbents in obtaining valuable cross training.
Based on the amount of time it will take to recruit this position, additional appropriations are not
needed in the current fiscal year. The ongoing annual cost for this position is $109,789, with a
minimum of 10% of this cost offset by development fees, for an ongoing net cost of approximately
$98,810.
ADMINISTRATION
Senior Management Analyst
It is requested that one Senior Management Analyst be added in the newly formed Office of Budget
and Analysis. Given the continued rapid pace of development and the increasing reliance on debt
funding for infrastructure to service that development it is important for the City to bolster its ino
house capacity for economic analysis. This position will be used to develop in-house fiscal impact
models to address the need for long-term cash flow and budgetary projections as well as review
fiscal impact analyses done by various consultants for new development and general plans to ensure
consistency and accuracy of assumptions and models. This work will ensure that City management
and Cotmcil has the best possible information available when assessing various development and
financing options.
In addition to specific work on developing long-term fiscal impact and budgetary models, this
position would be heavily involved in developing management information systems to ensure that
costs associated to growth are appropriately funded by development fees (e.g., systems to monitor
and update the DIF and to monitor the City's expenditures from a myriad of funding sotnrces for
capital projects). In addition this position will play an instrumental role in assisting departments with
work towards developing mission statements, goals, objectives and meaningful performance
measures. Some ofthe multiple objectives ofthis performance measurement effort are: evaluating
various programs' and operations' efficiency and effectiveness so resources are allocated to best
serve citizen needs; developing baseline data to compare performance with other agencies to identify
target areas for improvement and facilitate benchmarking to enhance key performance areas; and to
provide the analytical capacity to evaluate various methods of service delivery to promote cost
effectiveness.
Based on the expected project mix this position will have no net General Fund impact, as DIF,
capital project funds and developer deposits will offset the costs for the position. Staff is seeking to
fill this position with someone well versed in economic modeling and information system
development and manipulation. The anticipated cost for the remainder of FY00 is $19,300 to be
100% offset by reimbursement revenues. In addition $5000 is needed for office fumishings and a
computer to be paid from the Public Facilities DIF. Ongoing annual costs are estimated to be
$72,400 to again be fully offset by revenue.
Administrative Technician
The addition of one Administrative Technician (at the level of Administrative Secretary) will provide
the much needed support staff for the Special Operations Division of Administration. This CVEA-
represented position will:
· Provide direct technical/clerical support to the Special Operations Manager, Environmental
Resource Manager, Solid Waste Specialists, Recycling Rangers and any Temporary Expert
Professionals that may be utilized by the Division.
Typical duties assumed by this will include: · Acting as receptionist in the City Managers Office for any visitors having business with the
Special Operations Division.
· Screening and responding to telephone calls from the public on any services provided by this
division.
· Scheduling meetings and workshops.
· Preparing requisitions, partial payments, direct payments, petty cash and credit card
3 FT--?
· Reimbursements for grants, consultants and contractors.
· Preparing time sheets for division staff.
· Formatting and editing mandatory annual reports, grant applications, quarterly reports,
monthly mailings, bimonthly inserts for mailings, and public education brochures.
· Directly responds to residents in person, via telephone or prepares letters.
· File management.
Based on an anticipated start in early May the cost of filling this position for the remainder of the
year is $7,700. These costs will be offset by unanticipated AB939 and grant revenues, resulting in
no net General Fund impact. Estimated ongoing annual costs of $46,100 will be fully offset from
grant and AB939 revenues.
Recycling Ranger IflI
The request is to make two (2) hourly Recycling Ranger positions full-time benefited Recycling
Ranger I and II, with E-Step salaries of $28,009 and $31,001, respectively. The classification will be
represented by CVEA. The annual fiscal impact of converting these positions to permanent positions
with benefits is $25,000 to be offset by the franchise revenue. These positions are fully funded by
annual payments made by the Solid Waste franchise specifically forthis purpose. The original Solid
Waste franchise agreement allocated $45,000 for these positions and specified that these positions be
temporary. Under the new solid waste agreement an additional $25,000 is allocated annually to fund
these positions at the level requested and provide them benefits. As the franchise is in place for
another eight years, adequate long term funding is available. The cost for the remainder of this fiscal
year is $6000 to be offset by franchise revenue.
FISCAL IMPACT:
Fire Department: Based on the amount of time it will take to recruit this position, additional
appropriations are not needed in the current fiscal year. The ongoing atmual cost of $109,789 will
be offset by at least $10,979 in developer and pem~it fees for an ongoing net General Fund cost of
$98,810.
Administration: The two new positions in Administration, the Sr. Management Analyst and the
Administrative Technician, and the two reclassifications from hourly to permanent Recycling Ranger
positions will have no net General Fund impact in the current or future years. The $19,300 FY00
cost and the $72,400 ongoing annual cost for the Sr. Management Analyst will be 100% offset by
reimbursement revenues. The$5000neededforofficefumishingsandequipmentwillbepaidbythe
Public Facilities DIF. The $6000 FY00 cost and the $25,000 ongoing cost for reclassification of the
Recycling Rangers will be fully offset by Solid Waste Franchise payments. The $7700 FY00 cost
and the $46,100 ongoing cost for the Administrative Technician will be fully funded from
unanticipated AB939 fees and grants and incentive payments from other agencies.
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE CURRENT FISCAL YEAR
BUDGET BY (1) ADDING ONE MID MANAGEMENT
POSITION OF BATTALION CHIEF; AND CHANGING THE
TITLE OF FIRE MARSHAL (UNCLASSIFIED) TO
ASSISTANT FIRE CHIEF (UNCLASSIFIED) IN THE
FIRE DEPARTMENT; AND (2) ADDING ONE SENIOR
M3~NAGEMENTANALYST POSITION; RECLASSIFYING TWO
PART-TIME, HOURLY RECYCLING R3~NGER POSITIONS
TO TWO RECYCLING RANGER I/II AND ADDING ONE
ADMINISTRATIVE TECHNICIAN POSITION IN
ADMINISTRATION; AND APPROPRIATING FUNDS
THEREFOR BASED ON UNANTICIPATED REVENUE
WHEREAS, the addition of and changes to positions in the
following two departments is requested to continue to effectively
meet the service demands on the City:
FIRE DEPARTMENT
As part of the compensation adjustments adopted by Council in
November, 1999, it was intended that the position of Fire Marshal
would be reclassified to Assistant Fire Chief and that a
replacement Fire Marshal position would be requested sometime next
fiscal year. While pay and benefits were appropriately amended,
inadvertently, the title was not changed from one to the other. It
is now requested that the title of Fire Marshal (UC) be changed to
Assistant Fire Chief, also in the Unclassified Service, at the
Senior Management level, and add one (1) FTE Battalion Chief. The
Chief recommend filling both positions as soon as possible. The
ongoing annual cost for this position is $109,789, with a minimum
of 10% of this cost is offset by development fees, for an ongoing
net cost of approximately $98,810.
ADMINISTRATION
Senior Management Analyst
It is requested that one Senior Management Analyst be added in the
newly formed Office of Budget and Analysis which position will be
used to develop in-house fiscal impact modes to address the need
for long-term cash flow and budgetary projections as well as review
fiscal impact analyses done by various consultants for new
development and general plans to ensure consistency and accuracy of
assumptions and models. $5,000 is needed for office furnishings
and a computer to be paid from the Public Facilities DIF. Ongoing
annual costs are estimated to be $72,400 which will be fully offset
by revenue.
Administrative Technician
The addition of one Administrative Technician, represented by CVEA,
will provide the needed support staff for the Special Operations
Division of Administration. The position will provide direct
technical/clerical support to the Special Operations Manager,
Environmental Resource Manager, Solid Waste Specialists, Recycling
Rangers and any Temporary Expert Professionals that may be utilized
by the Division. Annual ongoing costs of $46,100 will be fully
offset from grant and AB939 revenues.
Recycling Ranger I/II
The request is to make two (2) Recycling Ranger positions full-time
benefited Recycling Ranger I and II, with E-Step salaries of
$28,009 and $33,001, respectively. These positions are fully
funded by annual payments made by the solid waste franchise
specifically for this purpose. These classifications will be
represented by CVEA.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the current fiscal year
budget by adding one Mid Management position of Battalion Chief;
and changing the title of Fire Marshal (UC) to Assistant Fire Chief
(UC} in the Fire Department.
BE IT FURTHER RESOLVED that one Senior Management Analyst
and one Administrative Technician is hereby added and two hourly
Recycling Ranger positions are hereby reclassified to full-time
benefitted Recycling Range I (E Step salary $28,009} and II (E Step
salary $31,001) in Administration and $33,000 is hereby
appropriated based on unanticipated reimbursement grant and
franchise revenues.
BE IT FURTHER RESOLVED that $5,000 is hereby appropriated
from the Public Facilities DIF for office and computer equipment
for the Senior Management Analyst position.
Presented by Approved as to form by
Candy Emerson, Director of John M. ~a'~e~,'~Cit9 ~t~ney
Human Resources
H: \home\attorney\reso\recycle .pos
2
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 3/28/00
ITEM TITLE: Resolution mending the FY 1999-2000 budget of the Planning
and Building Department adding one new Senior Code Enforcement
Officer to be funded from salary savings and appropriating $21,500 from
the available fund balance of the Public Facilities Development Impact Fee
Fund for related equipment, and directing staff to develop a proactive code
enforcement program for future implementation
SUBMITTED BY: Director of Planning and Building3~;~
REVIEWED BY: City Manager ~s,~ (4/5ths Vote: Yes X No )
An analysis of the City's existing Code Enforcement Program conducted by Zucker Systems, a
management consulting firm, has led to suggestions that the City consider expansion of its
current code enforcement program to include new proactive code enforcement components, and
that additional staffing would be required to implement such components. In response to these
recommendations, staff is suggesting a phased approach to an expanded code enforcement
program, beginning with the addition of a Senior Code Enforcement Officer, and preparation of a
detailed work program to be included in the proposed FY 2000-01 budget.
RECOMMENDATION: It is recommended that the City Council adopt the resolution
amending the Fiscal Year 1999-2000 budget of the Planning and Building Department, adding
one new Senior Code Enforcement Officer to be funded from salary savings, and appropriate
$21,500 from the available fund balance of the Public Facilities Development Impact Fee Fund
for related equipment, and direct staff to develop a proactive code enforcement program for
future implementation.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Existing Program and Staffing:
The current code enforcement program has both reactive and proactive programs. The
programs include the following:
Reactive Enforcement Proactive Program
Inoperative Vehicles Housing Inspection Program
Trash &Debris Mobilehome Park Inspection Program
Building without permits Garage Sales one Saturday each month
Signs Signs in the public right-of-way
Front yard encroachmerits Graffiti
Businesses in residential zones
Land Use/Zoning
Setbacks
Conditional/Special Use Permits
Page 2, Item No.: g
Meeting Date: 3/28/00
The current code enforcement program includes one program manager who also serves as a
first-line supervisor, three code enforcement officers and one support staff. With this level of
staff'mg, enforcement services are provided to approximately 1,400 public inquiries, one
Community Appearance Program each year, exterior inspections of multi-family housing
including hotel/motels once every 4-5 years, mobilehome park impections every 7 years, and
one Saturday per month enforcement of garage sales without permits. According to the Zucker
System's evaluation, this program is a minimal enforcement program considering the size and
age of Chula Vista.
Currently, one code enforcement officer is fully funded by Community Development Block
Grant (CDBG) monies and is focused on general reactive code enforcement and one
Community Appearance Program per year within CDBG eligible areas. The department is
exploring the possibility of expanding funding in this area to address more proactive work in
the eligible areas that will improve our efforts in eliminating blight.
The status of current staffing is as follows:
Budgeted Positions Assigned Duties Current Status
Code Enforcement Manager General supervision & management Filled
Code Enforcement Officer II Housing Inspection Program Vacant
Code Enforcement Officer II CDBG Eligible Areas and Filled
Community Appearance Program by CEO I
Code Enforcement Officer II Mobilehome Park Inspect., Redevelopment Vacant*
Areas, and all other areas of enforcement
Administrative Office Assist. Support to Section Filled
*Temporarily filled with a Development Services Technician who is serving as a trainee
The Community Appearance Programs have been very positive for both the individuals and the
community at large. However, we have observed that it is difficult for the targeted area to
maintain the minimal standards over time. We feel this is directly related to the lack of
continued cohesiveness of the neighborhood. Therefore, we hope to partner with some
community resource program such as the Human Services Council Family Resource Center
program that provides continual interaction on a social service level to encourage and assist in
maintaining minimal property standards. To seek out and coordinate with such agencies and to
provide adequate skills to promote community pride in the targeted area will require senior
level staffing.
The Housing Inspection Program is currently under review by Code Enforcement. In the past,
inspections were made of all properties every 4 to 5 years. This included a full exterior
inspection, interior of at least one-half of all units, and follow-up to assure compliance. As a
result of decreased revenues to the division a few years ago, the program maintained the same
4 to 5 year inspection timeframe but was reduced to exterior only inspections, self-certification
for compliance, and interior inspections on a complaint basis. This level of enforcement raises
several concerns, including the following:
Page 3, Item No.: ~
Meeting Date: 3/28/00
· With the current low vacancy rates, tenants are hesitant in reporting violations in fear
of being evicted and having no place to go;
· The lack of interior inspections provides opportunities for irresponsible owners to
neglect their properties and degrade an important element of affordable housing;
· Existing code enforcement staff and recruitments to code enforcement may not have
adequate technical (building, plumbing, electrical & mechanical) skills to identify
certain violations;
· Some hotel/motel rooms are not meeting minimal standards and therefore do not
encourage occupancy by desirable tourists/guests; and,
· Recent changes to State law requiring new noticing requirements of inspections and
inspection results will increase staff time to complete thereby decreasing time of
inspections for multi-family housing.
It is important for these items to be addressed and that the program be staffed at the level of
funding being received. It is anticipated that this level of staffing will allow exterior
inspections to be completed on all properties at least one time every 3 years with some level of
interior inspections of at least 10% of the units. Current apartment units under construction,
hence increased funding, may provide opportunities to address the technical and inspection
frequency issues as well as to meet the goals that are identified in the new Housing Element.
Another important element to affordable housing in Chula Vista is the 33 mobilehome parks
located in the City. Previous inspections were conducted in accordance with the State's
mandate of once every 7 years. This inspection included common areas of the park, individual
lots, and a sampling of mobilehome interiors. Again with division funding and staffing
shortages, the program was reduced to inspection of the common areas of the park once every
7 years, individual lots on complaint, and no interior inspections. Fees the City may collect
for this program are limited by the State and probably would not even pay for the current
program. Modifications to the State's Mobilehome Park Inspection Program regulations
effective in January 2000 require the local jurisdiction to use the revenue collected for this
program on the most serious violations with no mandate as to how often parks must be
inspected. As in the Housing Program, the new law increased noticing requirements in this
program that will contribute to less time spent in actual inspections. The fee limitation
mandated by the State does not fund even a minimal level of inspection. Hence, parks having
minor or even moderate violations may never be inspected. Again this will provide
irresponsible property owners opportunity to allow this vital element of affordable housing to
deteriorate to a level that not only creates slum conditions but that could jeopardize the life of
the park. Approximately. 15 staff year is required to carry out the program at the funded
level. This funding and current staffing will be unable to absorb any new programs such as the
mobilehome space rent review ordinance currently being developed by Community
Development in conjunction with Council. Many of these parks are within CDBG eligible
areas and we will pursue funding through that source to re-establish an acceptable program.
Page 4, Item No.: ~7
Meeting Date: 3/28/00
The remaining .85 staff year is available to respond to requests for service in the remaining
areas of the City, including Redevelopment Areas, to conduct proactive garage sales
enforcement, proactive public right-of-way sign enforcement, and proactive graffiti
enforcement. This is a small available resource to cover all areas of the City which are not
CDBG-eligible areas.
Currently, the Code Enforcement Manager is spending approximately 30% of the day doing
line work, 45% doing first line supervisory work, 15% department support, leaving 10% of
the day to develop policies and procedures for new programs. With this continued schedule,
future program development will be lengthy and difficult to implement.
Potential Proactive Program:
In the Zucker Systems' analysis of the Building Division, it was recommended that a much
broader proactive code enforcement program be considered for the City of Chula Vista. This
is consistent with citizens who are unhappy that the City does not address violations but force
them to file formal complaints in order to have nuisances abated in their neighborhood.
Various hearing bodies within the City, such as the Planning Commission, have also expressed
frustration in the lack of conformance of conditions that were the justification for allowing the
use.
However, a code enforcement program that is proactive in all areas will require a significant
number of staff to implement. It is believed that a phased approach to proactive enforcement
would be more-cost effective than a major expansion of the program at this time. This is
especially true in a community such as the City of Chula Vista where the citizens have a high
level of confidence and trust in their city government. When a high level of respect exists,
voluntary compliance is often a matter of informing the citizens of violations and helping them
understand their alternatives to obtain compliance.
There are code violations that follow suit with the "broken-window theory," in that if allowed
to exist, they tend to encourage similar code violations, decreasing property values
contributing to blight of neighborhoods, and ultimately attracting a criminal element to the
community. These violations include things such as graffiti, inoperative vehicles, trash and
debris, front yard encroachments, etc. These are the areas that staff proposes to be addressed
first in a phased implementation of proactive enforcement.
The following are considered high priority, first phase proactive enforcement items:
· A public awareness program to encourage voluntary compliance in several areas of
Municipal Code infractions. With our citizen's respect of government, there is positive
expectations that this will upgrade many properties with minimum staff time once the
program is developed and implemented;
· An enhanced rental housing and mobilehome park inspection program;
Page 5, Item No.: ~
Meeting Date: 3/28/00
· Abandoned vehicle abatement which can be partially offset by State reimbursements;
· Trash and debris
· Dangerous building and public nuisance abatement;
· Consistent and timely enforcement of Conditional/Special Use Permit conditions;
· Proactive sign enforcement within Redevelopment Areas which can be offset by
Redevelopment Agency funding;
· Minor fee or no fee permits for front yard encroachments since these tend to be on the
rise, are not aesthetically conducive to neighborhoods and are costly for the citizen to
install and then to remove due to a code enforcement case;
· Identification of additional resources that can assist both the City and the citizen in
complying with City codes and goals.
· Proper staffing in the Housing Inspection Program
· Proper staffing in the Mobilehome Park Inspection Program
Staffing Needs:
Staff concurs with the Zucker study in identifying the importance of adding a senior position to
assume many of the duties of a first line supervisor. This will free up the manager to pursue
program and policy development as well as areas of need at the Division-wide management
level. The duties of each position will be as follows:
Code Enforcement Manager Senior Code Enforcement Officer
Program & policy development First-line supervision of staff
Establish performance standards Training
Inter-Agency Coordination Implementation of new policies & procedures
Increase methods to obtain compliance Community Appearance Program
Implement additional enforcement tools Complex code violation resolution
Prepare and administer training programs Conditional/Special Use Permit enforcement
Enforcement training of other departments Program reporting
Promote consistency of enforcement in City Monitor performance standard conformance
Pursue establishing a management team with
managers from other departments to address
code changes, permit conditions, policy, etc.
Participate in establishing and promoting the
City's vision for Redevelopment Areas
Participate in establishing and implementing
the City' General Plan
Periodic division-wide management
assignments
Together they will prepare a phased proactive enforcement program, working towards:
Page 6, Item No.: ff
Meeting Date: 3/28/00
· Returning the Housing and Mobilehome Park Inspection Programs to an acceptable
level assuring minimum standard of living conditions for those persons who rely on
affordable housing;
· Public awareness of regulations and methods of compliance;
· Providing enforcement at a level that establishes pride in our communities;
· Balancing traditional code enforcement efforts with innovative public assistance
programs to achieve enhanced neighborhoods;
· Partnering with community groups and citizens for voluntary compliance with minimal
government action; and
· Establishing the Code Enforcement Section as a positive contributor to the City.
It is our intention to present a work program and staffing plan to implement the initial phase of
a proactive code enforcement program in conjunction with our FY 2000-01 budget request.
FISCAL IMPACT: With the addition of this position, the City will incur $21,500 in non-
recurring costs that will be funded by the Public Facilities Development Impact Fee fund to
purchase staff equipment including a vehicle. Staff costs for the remainder of the fiscal year will
be $5,500 to be funded by salary savings. Staffing in FY 2000-01, staff costs will for this
position will be $66,400 per year from the General Fund.
H:\shared\blde-hsg\CE
~ /
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY 1999-2000 BUDGET
OF THE PLAIqNINGAND BUILDING DEPARTMENT ADDING
ONE NEW SENIOR CODE ENFORCEMENT OFFICER, TO BE
FUNDED FROM SALARY SAVINGS AND APPROPRIATING
$21,500 FROM THE AVAILABLE FUND BALANCE OF THE
PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND
FOR RELATED EQUIPMENT, AND DIRECTING STAFF TO
DEVELOP A PROACTIVE CODE ENFORCEMENT PROGRAM
FOR FUTURE IMPLEMENTATION
WHEREAS, an analysis of the City's existing Code
Enforcement Program conducted by Zucker Systems, a management
consulting firm, has led to suggestions that the City consider
expansion of its current code enforcement program to include new
proactive code enforcement components, and that additional staffing
would be required to implement such components; and
WHEREAS, in response to these recommendations, staff is
suggesting a phased approach to an expanded code enforcement
program, beginning with the addition of a Senior Code Enforcement
Officer, and preparation of a detailed work program to be included
in the proposed FY 2000-01 budget.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby amend the FY 1999-2000 budget of
the Planning and Building Department to add one new Senior Code
Enforcement Officer to be funded from salary savings.
BE IT FURTHER RESOLVED that $21,500 is hereby
appropriated from the available fund balance of the Public
Facilities Development Impact Fee Fund for related equipment.
BE IT FURTHER RESOLVED that staff is hereby directed to
develop a proactive code enforcement program for future
implementation.
Presented by Approved as to form by
Robert A. Leiter, Director of John~Kaheny, City A~rney
Planning and Building
H: \home\a~torney\reso\COE. add
COUNCIL AGENDA STATEMENT
Item No.: ~
Meeting Date: 3/28/00
ITEM TITLE: Resolution Authorizing the Mayor to enter into a Land Offer Agreemere
between the City of Chula Vista and NM Homes Two, Inc., et al, for
Conveyance of 536.9 acres to the City for University Purposes
SUBMITTED BY: Director of Planning and Buildingif/
REVIEWED BY: City Manager }e (4/Sths Vote: Yes __ No X )
Due to on-going negotiations with New Millennium Two, Inc., this item was not ready to be
included in the Council packet and will be delivered by courier separately on Friday.
COUNCIL AGENDA STATEMENT
Item No.:
Meeting Date:
9
3/28/00
ITEM TITLE:
.
Resolution Authorizing the Mayor to enter into a Land Offer Agreement
between the City of Chula Vista and NM Homes Two, Inc., et aI, for
Conveyance of 536.9 acres to the City for University Purposes
SUBMITTED BY:
Director of Planning and Building ~
REVIEWED BY:
/It:--
City Manager (f}r )(Y'
f./)
(4/Sths Vote: Yes
No~
Due to on-going negotiations with New Millennium Two, Inc., this item was not ready to be
included in the Council packet and will be delivered by courier separately on Friday.
/ fern -# 9
1'\
NEW MILLENNIUM
HOMES
March 28, 2000
Mr. Dave Rowlands, City Manager
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, California 91910
Re: University Offer Agreement
Dear Dave,
Unfortunately, despite our collective best efforts to finalize the Offer Agreement prior to
tonight's City Council meeting, we have been unable to gather the necessary signatures from the
minority owners of the property, whose offices are located on the east coast. Therefore, we
request that the City Council continue this matter for one week, until the City Council meeting
scheduled for April 4, 2000. (
If you have any questions, please give me a call.
Very truly yours;
NM HOMES TWO, INC.
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2823 MCGAW . IRVINE, CA . 92614
(949) 660.1700 . FAX (949) 660.0421
1'l
NEW MILLENNIUM
.:_._.T,_-....
March 28, 2000
Mr. Dave Rowlands, City Manager
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, California 91910
Re: University Offer Agreement
Dear Dave,
Unfortunately, despite our collective best efforts to finalize the Offer Agreement prior to
. tonight's City Council meeting, we have been unable to gather the necessary signatures from the
minority owners of the property, whose offices are located on the east coast. Therefore, we
request that the City Council continue this matter for one week, until the City Council meeting
scheduled for April 4, 2000. .
If you have any questions, please give me a call.
Very truly yours;
NM HOMES TWO, INC.
~'1--z-llk..~J
J cDonald
C 0
JM/rlk
2823 MCGAW . IRVINE, CA . 92614
(949) 660-1700 . fAX (949) 660-0421
COUNCIL AGENDA STATEMENT
Item No.:
Meeting Date:
q
3/28/00
SUBMITTED BY:
Resolution Authorizing the Mayor to enter into a Land Offer Agreement
between the City of Chula Vista and NM Homes Two, Inc., et al, for
Conveyance of 536.9 acres to the City for University Purposes
Director of Planning and BUilding~1
ITEM TITLE:
REVIEWED BY: City Manager 6t 1/tv
(4/Sths Vote: Yes
No--X.J
In 1999, the City Manager entered into a letter of intent with NM Homes Two, Inc. and other
associated companies, under which the City agreed to provide certain considerations with
regard to future entitlements for Otay Ranch Village II, if NM Homes Two, Inc. would agree
to enter into an agreement under which it would eventually convey 536.9 acres of a proposed
University Site to the City. At this time, staff is bringing forward a proposed offer agreement
between the City and the property owner, under which the terms of the letter of intent would
be implemented.
RECOMMENDATION: That Council approve the resolution authorizing the Mayor to enter
into the proposed land offer agreement between the City and NM Homes Two, Inc. et al.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Maior Terms of Ae:reement
Under the terms of the proposed land offer agreement, the property owner would agree to
convey 536.9 acres, which has been designated as a portion of the proposed 1,100+ acre
"University Site," to the City of Chula Vista for future conveyance to the University of
California or other qualified higher education institution.
Article 2 of the Agreement sets forth the terms for the initial offer of dedication, which would
occur within 5 days after the agreement is executed by the property owners. Article 2 also
addresses limitations of City use of the site. The Irrevocable Offer of Dedication is to allow
for use of the University property for higher education; active recreation and all other uses,
except non-university related residential. Article 2.2 requires that the property be free of all
encumbrances with specified exceptions. Article 2.3 requires the owner to provide a title
commitment guaranteeing the issuance of title insurance to the City for fee title to the
q-l
Page 2, Item No.:
Meeting Date: 3/28/00
University site in the amount of $9,000,000 to be in full force and effect until the City has an
issued title policy. It also requires that prior to the City's first public hearing on the
entitlements, the owners shall provide the City with cash to pay of the issuance of said title
insurance in the amount of $9,000,000. The valuation of $9,000,000 is based on the
development potential of the underlying secondary land uses.
It should also be noted that currently there is a trust deed on the property. The owners are
required to remove the trust deed through a partial reconveyance prior to the first public
hearing on the entitlements. Dnce this is removed, they cannot place future liens against the
property.
Article 3 of the Agreement sets forth the terms under which the City may accept this offer.
Specifically, in order to accept the offer of dedication, the City would be required to provide
the following considerations:
1. Approval of all required entitlements for proposed development of Village 11 (Section 3.1).
It should be noted that the City and property owners are proposing to reconfigure Village
11 in conjunction with an overall General Plan / Dtay Ranch General Development Plan
amendment which would realign the boundaries of Village 11, the Eastern Urban Center,
Freeway Commercial Area, and University Site, and would also provide for secondary uses
of the University Site if the University is not built within a specified time frame. Under the
proposed plan, Village 11 would contain a total of 2304 dwelling units, and would also
accommodate a proposed middle school. Required entitlements would include, but not be
limited to a General Plan Amendment, Dtay Ranch GDP amendment, Dtay Ranch Village
Phasing Plan, a SPA Plan, Public Facilities Financing Plan, and tentative map.
2. A 30-day preliminary review of conditions of approval for the SPA Plan, as well as the
draft Public Facilities Financing Plan, following close of the public review period for the
draft EIR. During this time, the applicant may review proposed conditions and
requirements for the project, and may decide to stop processing the entitlements if the
owners determine that the proposed conditions would render the project economically
infeasible (Section 3.2).
3. A commitment to complete the processing of all entitlements by August 31, 2001 (Section
3.4).
4. Agreement to provide credit to the property owner for open space land which is conveyed
through this agreement, toward the owners obligation for land conveyance in accordance
with the provisions of the Dtay Ranch Phase 2 Resource Management Plan. (Section 3.6).
In other words, the owner would receive credit toward the amount of open space land that
would otherwise be required to be conveyed in conjunction with the development of Village
11. This provision would have the effect of requiring the City or the University to convey
additional open space land to the Dtay Ranch Preserve at the time a university or other use
is actually developed on the site.
q-d
Page 3, Item No.:
Meeting Date: 3/28/00
5. Approval of amendments to the City's General Plan and Otay Ranch General Development
Plan, and approval of a SPA Plan and tentative subdivision map to implement said project,
by August 31, 2001.
6. Modifications to the Otay Ranch Village Phasing Plan which would allow the developer to
proceed with development once all entitlements are granted, and once Phases 1, 2, and 3 of
Olympic Parkway are completed (Section 3.7). In order to implement this provision, it
will be necessary to amend the Otay Ranch Village Phasing Plan to designate Village 11 as
a "Phase 1" village, along with Villages 1 and 5, with the added restriction that
development could not begin until Phases 1, 2, and 3 of Olympic Parkway are completed.
Article 4 of the Agreement includes an acknowledgement by the City that the owners will not
be required to fund public infrastructure required to serve the University property (Section
4.1), and that the City will not impose any special taxes, assessments, fees, charges or other
exactions on the University property prior to City acceptance of the property (Section 4.2).
Analvsis
This offer agreement provides the City with an opportunity to obtain a significant portion of
the proposed University Site, through providing certain considerations in conjunction with
future entitlements for the Otay Ranch Village 11 project. Acquisition of the University Site
would be a major step forward in achieving one of the City's key General Plan goals. City
staff has done a preliminary analysis of these proposed considerations, and we believe that they
can be accomplished within the overall framework established by the City's General Plan, and
would preserve the character already established for Otay Ranch master planned community.
However, it should be emphasized that the City Council and Planning Commission would have
full discretionary authority to consider the proposed plan changes at the time they are presented
in a public hearing, with benefit of a fmal EIR and staff analysis (Section 3.8).
On this basis, staff is recommending that the City Council approve the attached agreement, and
direct staff to move forward to complete a project processing schedule which will provide for
completion of processing of entitlements in accordance with the overall schedule set forth in
this agreement.
FISCAL IMPACT: The applicant would pay for all costs associated with processing the terms
of this agreement.
H:\shared\planning\council agenda statement NM2.doc
q-.3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO ENTER
INTO A LAND OFFER AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND NM HOMES TWO, INC. ET AL,
FOR CONVEYANCE OF 536.9 ACRES TO THE CITY FOR
UNIVERSITY PURPOSES
WHEREAS, in 1999, the City entered into a Letter of
Intent with NM Homes Two, Inc. and other associated companies under
which the City agreed to negotiate an Offer Agreement which would
provide for the conveyance of 536.9 acres to the city for a
University Site; and
WHEREAS, under the terms of the proposed Land Offer
Agreement, NM Homes would agree to convey 536.9 acres, which has
been designated as a portion of the proposed 1,100+ acres
"University site" to the City of Chula Vista for future conveyance
to the University of California or other qualified higher education
institution.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve the Land Offer Agreement
between the City of Chula vista and NM Homes Two, Inc. et al. for
conveyance of 536.9 Acres to the City for University purposes, a
copy of which shall be kept on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement and the Subordination Agreement, a part thereof, for and
on behalf of the City of Chula vista.
Presented by
Approved as to form by
CL- 7Vlt~ ~
John M. Kaheny, City Attorney
Robert Leiter, Director of
Planning and Building
H:\home\attorney\reso\landofer.NM
q-y.
.
.
.
COUNCIL AGENDA STATEMENT
Item No.:
Meeting Date:
q
3/28/00
ITEM TITLE:
Resolution Authorizing the Mayor to enter into a Land Offer Agreement
between the City of Chula Vista and NM Homes Two, Inc., et ai, for
Conveyance of 536.9 acres to the City for University Purposes
Director of Planning and Building ~I
SUBMITTED BY:
REVIEWED BY:
rPlL'-
City Manager :(.r r;:>[G--
No X )
(4/5ths Vote: Yes
In 1999, the City Manager entered into a letter of intent with NM Homes Two, Inc. and other
associated companies, under which the City agreed to provide certain considerations with
regard to future entitlements for Otay Ranch Village II, if NM Homes Two, Inc. would agree
to enter into an agreement under which it would eventually convey 536.9 acres of a proposed
University Site to the City. At this time, staff is bringing forward a proposed offer agreement
between the City and the property owner, under which the terms of the letter of intent would
be implemented.
RECOMMENDATION: That Conncil approve the resolution authorizing the Mayor to enter
into the proposed land offer agreement between the City and NM Homes Two, Inc. et al.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Maior Terms of Al!reement
Under the terms of the proposed land offer agreement, the property owner would agree to
convey 536.9 acres, which has been designated as a portion of the proposed 1,100+ acre
"University Site," to the City of Chula Vista for future conveyance to the University of
California or other qualified higher education institution.
Article 2 of the Agreement sets forth the terms for the initial offer of dedication, which would
occur within 5 days after the agreement is executed by the property owners. Article 2 also
addresses limitations of City use of the site. The Irrevocable Offer of Dedication is to allow
for use of the University property for higher education; active recreation and all other uses,
except non-university related residential. Article 2.2 requires that the property be free of all
encumbrances with specified exceptions. Article 2.3 requires the owner to provide a title
committnent guaranteeing the issuance of title insurance to the City for fee title to the
q- ,
Page 2, Item No.:
Meeting Date: 3/28/00
University site in the amount of $9,000,000 to be in full force and effect until the City has an ........,
issued title policy. It also requires that prior to the City's first public hearing on the
entitlements, the owners shall provide the City with cash to pay of the issuance of said title
insurance in the amount of $9,000,000. The valuation of $9,000,000 is based on the
development potential of the underlying secondary land uses.
It should also be noted that currently there is a trust deed on the property. The owners are
required to remove the trust deed through a partial reconveyance prior to the first public
hearing on the entitlements. Once this is removed, they cannot place future liens against the
property .
Article 3 of the Agreement sets forth the terms under which the City may accept this offer.
Specifically, in order to accept the offer of dedication, the City would be required to provide
the following considerations:
1. Approval of all required entitlements for proposed development of Village 11 (Section 3.1).
It should be noted that the City and property owners are proposing to reconfigure Village
11 in conjunction with an overall General Plan / Otay Ranch General Development Plan
amendment which would realign the boundaries of Village 11, the Eastern Urban Center,
Freeway Commercial Area, and University Site, and would also provide for secondary uses
of the University Site if the University is not built within a specified time frame. Under the
proposed plan, Village 11 would contain a total of 2304 dwelling units, and would also ,...,.",
accommodate a proposed middle school. Required entitlements would include, but not be
limited to a General Plan Amendment, Otay Ranch GDP amendment, Otay Ranch Village
Phasing Plan, a SPA Plan, Public Facilities Financing Plan, and tentative map.
2.' A 30-day preliminary review of conditions of approval for the SPA Plan, as well as the
draft Public Facilities Financing Plan, following close of the public review period for the
draft EIR. During this time, the applicant may review proposed conditions and
requirements for the project, and may decide to stop processing the entitlements if the
owners determine that the proposed conditions would render the project economically
infeasible (Section 3.2).
3. A commitment to complete the processing of all entitlements by August 31, 2001 (Section
3.4).
4. Agreement to provide credit to the property owner for open space land which is conveyed
through this agreement, toward the owners obligation for land conveyance in accordance
with the provisions of the Otay Ranch Phase 2 Resource Management Plan. (Section 3.6).
In other words, the owner would receive credit toward the amount of open space land that
would otherwise be required to be conveyed in conjunction with the development of Village
11. This provision would have the effect of requiring the City or the University to convey
additional open space land to the Otay Ranch Preserve at the time a university or other use
is actually developed on the site.
--.
q-cl
.
.
.
Page 3. Item No.:
Meeting Date: 3/28/00
5. Approval of amendments to the City's General Plan and Otay Ranch General Development
Plan, and approval of a SPA Plan and tentative subdivision map to implement said project,
by August 31,2001.
6. Modifications to the Otay Ranch Village Phasing Plan which would allow the developer to
proceed with development once all entitlements are granted, and once Phases 1, 2, and 3 of
Olympic Parkway are completed (Section 3.7). In order to implement this provision, it
will be necessary to amend the Otay Ranch Village Phasing Plan to designate Village 11 as
a "Phase 1" village, along with Villages 1 and 5, with the added restriction that
development could not begin until Phases 1, 2, and 3 of Olympic Parkway are completed.
Article 4 of the Agreement includes an acknowledgement by the City that the owners will not
be required to fund public infrastructure required to serve the University property (Section
4.1), and that the City will not impose any special taxes, assessments, fees, charges or other
exactions on the University property prior to City acceptance of the property (Section 4.2).
Analvsis
This offer agreement provides the City with an opportunity to obtain a significant portion of
the proposed University Site, through providing certain considerations in conjunction with
future entitlements for the Otay Ranch Village 11 project. Acquisition of the University Site
would be a major step forward in achieving one of the City's key General Plan goals. City
staff has done a preliminary analysis of these proposed considerations, and we believe that they
can be accomplished within the overall framework established by the City's General Plan, and
would preserve the character already established for Otay Ranch master planned community.
However, it should be emphasized that the City Council and Planning Commission would have
full discretionary authority to consider the proposed plan changes at the time they are presented
in a public hearing, with benefit of a final EIR and staff analysis (Section 3.8).
On this basis, staff is recommending that the City Council approve the attached agreement, and
direct staff to move forward to complete a project processing schedule which will provide for
completion of processing of entitlements in accordance with the overall schedule set forth in
this agreement.
FISCAL IMPACT: The applicant would pay for all costs associated with processing the terms
of this agreement.
H:\shared\planning\council agenda statement NM2.doc
q-.3
RESOLUTION NO.
--.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO ENTER
INTO A LAND OFFER AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND NM HOMES TWO, INC. ET AL,
FOR CONVEYANCE OF 536.9 ACRES TO THE CITY FOR
UNIVERSITY PURPOSES
WHEREAS, in 1999, the City entered into a Let ter of
Intent with NM Homes Two, Inc. and other associated companies under
which the City agreed to negotiate an Offer Agreement which would
provide for the conveyance of 536.9 acres to the City for a
University Site; and
WHEREAS, under the terms of the proposed Land Offer
Agreement, NM Homes would agree to convey 536.9 acres, which has
been designated as a portion of the proposed 1,100+ acres
"University Site" to the City of Chula Vista for future conveyance
to the University of California or other qualified higher education
institution.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve the Land Offer Agreement
between the City of Chula Vista and NM Homes Two, Inc. et al. for
conveyance of 536.9 Acres to the City for University purposes, a
copy of which shall be kept on file in the office of the City
Clerk.
--.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement and the Subordination Agreement, a part thereof, for and
on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Robert Leiter, Director of
Planning and Building
CL fVl,\~~ .~
John M. Kaheny, City Attorney
E:\home\atto~ney\reso\landofer.NM
--.
q-y.
~ RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
Developer
Above Space for Recorder's Use
LAND OFFER AGREEMENT
~
This Land Offer Agreement ("Agreement") is entered into to be
effective as of March 7, 2000, by and between NM Homes Two, Inc.,
a Delaware corporation, B III Capital Partners L.P., a Delaware
limited partnership, Otay Land Holdings, LLC, a Delaware limited
liability company, Pearl Tech, LLC, a Delaware limited liability
company, and MIO Holdings, LLC, a Delaware limited liability
company ( referred to collectively as "Owners") and the City of
Chula vista (" City") .
RECITALS
A.
City as
Exhibit
Owners own the undeveloped real property located in the
more particularly described and shown on the attached
"A" (the "Property")
B. The Property is part of a master planned community
commonly known as village 11 of the Otay Ranch Project.
c. The Property contains approximately 536.9 acres that is
designated for the development of a facility for higher education
such as a University of California campus and other compatible land
uses ("Uni versi ty property") The Uni versi ty Property is shown and
described on Exhibit "B".
.
D. City and Owners have entered into that certain Letter of
Intent ("Letter of Intent"), attached hereto as Attachment "1," in
which both parties expressed an interest in entering into this
1
q-s
Agreement.
"""'"
F. Owners and City by entering into this Agreement shall set
forth the terms and conditions precedent for City's acceptance of
the University Property.
NOW, THEREFORE, in consideration of the above recitals and of
the mutual covenants hereinafter contained and for other good and
valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Owners and City agree as follows:
ARTICLE 1
DEFINITIONS
1.1 Definitions. This Agreement uses a number of terms
having specific meanings, as defined below. These specially
defined terms are distinguished by having the initial letter
capitalized, when used in this Agreement. The defined terms
include the following:
"Development Agreement" means the Restated and Amended
Pre-Annexation Development Agreement between the City and Baldwin
Builders dated March 4, 1997.
"Effective Date" means the date set forth in the first
paragraph of this Agreement.
~
"Entitlements" means all of the following; (i) a
Sectional Planning Area Plan ("SPA") for Village 11, designating
permitted land uses, densities and intensities of development, as
shown on Exhibit "C,", including a Village 11 Design Plan, an
update of the Service Revenue Plan, a Village 11 Public Facility
Financing Plan, a Village 11 Sectional Planning Area Master Plan,
and any other documents identified in the Processing Agreement,
(ii) amendments to the Development Agreement, the Otay Ranch
General Development Plan, including the Otay Ranch Village Phasing
Plan (as defined herein) and the City's General Plan as such
amendments are necessary for the implementation of the SPA; and
(iii) a tentative subdivision map to subdivide Village 11 in
accordance with the SPA and related documents described above.
"Growth Program and Ordinance" means the following
policies and standards intended to regulate the timing and phasing
or rate of growth within the City; the Growth Management Element
adopted by City Council Resolution No. 15592 on April 17, 1990, an
ordinance adopted by the city Council on May 28, 1991, as codified
in Chapter 19.19 of the City's Municipal Code, and the Growth
Management Program adopted by City council Resolution No. 16101 on
April 23, 1996.
"Hazardous Materials" means any substance, material or
~
2
q-cP
.
.
.
waste which is or becomes (i) regulated by any local or regional
governmental authority, the State of California or the United
States Government as hazardous waste, (ii) is defined as a "solid
waste", "sludge", "hazardous waste", "extremely hazardous waste" ,
"restricted hazardous waste", "Non-RCRA hazardous waste," "RCRA
hazardous waste", or "recyclable material", under any federal,
state or local statue, regulation or ordinance, including without
limitation Sections 25115, 25117, 25117.9, 25120.2, 25120.5,
251227, 25140, 25141 of the California Health and Safety Code;
(iii) defined as "Hazardous Substance" under section 25316 of the
California Health and Safety Code; (iv) defined as a "Hazardous
Material", "Hazardous Substance", or "Hazardous Waste" under
Section 25501 of the California Health and Safety Code; (v) defined
as a "Hazardous Substance" under section 25281 of the California
Health and Safety Doe; (vi) asbestos; (vii) petroleum produces,
including without limitation, petroleum, gasoline, used oil, crude
oil, waste oil and any fraction hereof, natural gas, natural gas
liquefied, natural gas or synthetic fuels, (viii) materials defined
as hazardous or extremely hazardous pursuant to the California Code
of Regulations; (ix) polychlorinated biphenyls; (x) defined as a
"Hazardous Substance" pursuant to section 311 of the Federal Water
Pollution Control Act (33 U.S.C. section 1251 et seq.); (xi)
defined as a "Hazardous Waste" pursuant to section 1004 of the
Federal Resource Conservation and Recovery Act, 42 U.S.C. section
6901 et gg., (xii) defined as a "Hazardous Substance" or "Mixed
Waste" pursuant to section 101 of the Comprehensive Environmental
Response Compensation and Liability Act, 42 U.S.C. Section 9601 et
gg. and regulations promulgated thereunder; (xiii) defined as a
"Hazardous Substance" pursuant to section 401.15 of the Clean Water
Act, 40 C.F.R. 116; OR (xiv) defined as an "Extremely Hazardous
Substance" pursuant to section 302 of the Superfund Amendments and
Reauthorizations Act of 1986, 42 U.S.C. Section 11002 et seq.
"Irrevocable Offer of Dedication/ Offer of Dedication"
means the document, substantially in the form attached as Exhibit
"D," allowing for the transfer of ownership of the University
Property to the city in aCGordance with Government Code Section
7050.
"Letter of Intent" means the expression of interest
entered into by the city and NM Homes Two, Inc. attached hereto as
Attachment "1".
"processing Agreement" means the Proj ect Staffing and
Processing Agreement, to be entered into by the city and Owners, in
which the timing and processing of the Entitlements will be set
forth therein.
consistent
compliance
"Project" means the
with the provisions
with the City's Growth
development of the
of the Entitlements
Program and Ordinance.
Property
and in
,
-'
q-7
"Property" means the real property described and shown
in Exhibit "A" to this Agreement. .-...,
"Term" shall mean the period of time from the
Date until the termination of this Agreement as set
Section 4.3.
Effective
forth in
"Third Party Litigation" means any claim, action or
proceeding filed and served against the City and/or Owners by
anyone not a party to or the benefit of the parties to this
agreement or their agents or successors in interest to challenge,
set aside, void or annul the approval of the Entitlements as
provided in this Agreement.
"University Property" means the real property described
and shown on Exhibit "B" to this Agreement.
"Village Phasing Plan" means that document further
identified in the Processing Agreement and amended to clarify that
implementation of the Entitlements, if approved by the City, shall
be permitted at any time, provided, however such implementation
shall be subject to the Development Agreement, the other
Entitlements, the City Growth Management Program and Section 3.7 of
this Agreement.
ARTICLE 2
OFFER OF DEDICATION
.-...,
2.1 Offer of Dedication. Within five (5) days after Owners
execution of this Agreement, Owners shall submit to the City an
Irrevocable Offer (s) of Dedication, in the form set forth in
Exhibit "D," for the University Property to allow for the use of
the University Property for higher education, active public
recreation, and all other uses, except non university related
residential (the "Permitted Uses"). City intends to have the
Irrevocable Offer(s) of Dedication recorded concurrently with the
recordation of this Agreement and the Subordination Agreement
(attached as Exhibit "G"). City's acceptance of the Irrevocable
Offer (s) of Dedication shall be subject to the terms of this
Agreement. If the Subordination Agreement is not recorded
concurrently with this Agreement and the Irrevocable Offer(s) of
Dedication, this Agreement shall be terminated and the applications
for the Project shall be considered withdrawn.
2.2 Universitv Propertv Free of Encumbrances.
Notwithstanding any other provision of this Agreement, Owners agree
that it will provide the University Property to the City, prior to
the City's acceptance of the Offer of Dedication, free and clear of
all liens and encumbrances other than: (i) restrictions prohibiting
use of the University Property for non university related
.-...,
4
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.
.
residential purposes, (ii) any easements and rights-of-way
determined upon final approval of the Entitlements and the San
Diego Multi-Species Conservation Plan approvals to be required for
the development of Village 11 which do not materially interfere
with the intended use of the University Property for Permitted
Uses; and (iii) prorated non-delinquent real estate taxes.; and
(iv) those exceptions as shown on the Encumbrance Map and described
in the Title Commitment, copies of which are attached hereto as
Exhibits "E-1 and E-2" (exception therefrom deed of trust listed as
33 on the.
2.3 Title.
(a) Title Commitment. simultaneously with the execution of
this Agreement, Owners shall have obtained, at its expense, a
"Title Commitment" from First American Title Insurance Company
(attached as Exhibit "E-2") guaranteeing the issuance of title
insurance to the City for fee title to the University Property, in
the amount of nine million dollars ($9,000,000) to be in full force
and effect until the City has an issued title policy. Any
subsequent change after the adoption of this Agreement, in the
ownership or interest in the Property shall require, within thirty
days of such change, that the successors in interest obtain a new
Title Commitment in the form and in the amount of Exhibit E-2, as
deemed necessary by the City. If such new title commitment is not
received by the City in accordance with the terms herein, this
Agreement and the processing Agreement shall be terminated and the
applications for the Project shall be considered withdrawn.
(b) Public Hearinq Requirements. Prior to the city's first
public hearing on the Entitlements, Owners shall provide the city
with cash to pay for the issuance of said title insurance in the
amount of nine million dollars and an updated title report. Owners
further acknowledge and agree that no public hearings will be held
until and unless said cash and updated title report are provided to
the City. Prior to the City council's first public hearing on the
Entitlements, Owners shall provide First American Title Company the
City with a fully executed and recordable Request for Partial
Reconveyance of the University Property for all trust deeds
encumbering the University Property in a form approved by the City
Attorney. Owners further acknowledge and agree that no hearings
will be held until and unless all such Requests for Partial
Reconveyance have been received and approved by the City.
(c) No Further Encumbrances. Owners agree not to encumber
the University Property in any manner which would be inconsistent
with City's proposed Uses of the university Property or that would
in any way or manner decrease the value of the said property. In
addition, Owners shall not pledge the rights to this Agreement as
security for any of its other obligations. Any such pledge shall
constitute a default of this Agreement. Once the above-described
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Request for Partial Reconveyance(s) have been received and approved
by the City and said deeds of trust are satisfied, Owners agree not ~
to place any further liens or encumbrances on the University
Property.
2.4 University Property Reservations. At all times prior to
and following the acceptance of the Offer of Dedication, Owners
shall reserve the right to conduct habitat enhancement, creation
and mitigation activities and create and convey conservation
easements within the designated open space areas of the university
Property as required to mitigate the impacts of development of the
Property owned by Owners or their designees, subj ect to the
reasonable approval of the City and a determination by the City
that such activities or easements do not interfere with any
easements required for Permitted Uses of the University Property.
Under no circumstances shall such activities or easements preclude
use of the University Property for the Permitted Uses or require
the City or its successors in interest to incur any expense or
liability arising from or relating to such activities or easements.
2.5 Hazardous Waste Report. Owners shall provide the City
within thirty (30) days of City's request, with an update of the
Phase One Hazardous Waste Report on the University Property by a
professional firm acceptable to the City. Owners shall be
responsible for the cost of said updated report. Owners understand
that the City's acceptance of the Offer of Dedication is
conditioned upon the City's approval of said report and that the
City has entered into this Agreement contingent on the University
Property being free and clear of any environmental condition which
would be a violation of any applicable federal, state or local law,
ordinance or regulation relating to Hazardous Materials. Owners
further understand and agree that Owners, in addition to any
obligations as the property owners, are fully responsible for the
administration and oversight of the environmental condition of the
University Property until the Offer of dedication has been accepted
by the City. If after City's review of the updated Phase One
Hazardous Waste Report, the City determines the environmental
condition of the University Property is not acceptable to the City,
Owners may cure said condition within thirty (30) days of City's
written notice to Owners that said property is not acceptable. If
Owners decide not to cure the condition of the University Property,
this Agreement and the Processing Agreement shall be terminated and
the applications for the Project shall be considered withdrawn.
ARTICLE 3
ACCEPTANCE OF DEDICATION
3.1 Entitlements Processinq. Owners will file with City all
applications and pay all applicable fees for the review,
processing, and consideration of the Entitlements by the City.
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city will diligently process, in accordance with the schedule set
forth in the Processing Agreement, the Entitlements for final
consideration by the City Council. Notwithstanding the foregoing,
the city's acceptance of the Offer of Dedication is not contingent
on the time frames associated with the processing of the
Entitlements as set forth in the Processing Agreement, except that
final approval of the Entitlements must be received by the Owners
within the time frame set forth in Section 3.4 herein. In
addition, Owner understands and agrees that the processing and/or
approval of final maps, grading permits and other ministerial
permits are not subject to this Agreement and the acceptance of the
Offer of Dedication to the city shall not be contingent on Owner
receiving such ministerial approvals. Owners understand and agree
that the City shall condition the Entitlements to provide an
easement for access to Parcel which is a part of the
University Property.
3.2 Review Period. Owners shall have thirty (30) days after
the close of the public comment period for the draft Final
Environmental Impact Report ("EIR") prepared for consideration of
the Entitlements, to review the draft Public Facility Financing
Plan (" PFFP") and draft conditions of approval for the SPA. Owners
shall have the right to review said documents and decide whether to
proceed with processing the Entitlements. During the Owners'
thirty day review period, city agrees to meet with Owners in good
faith to discuss the draft documents and consider any changes
Owners may request. Owners agree to notify the city in writing,
at the conclusion of said thirty day review period, as to whether
Owners wish to continue processing the Entitlements. Owners may
decide to stop processing the Entitlements if Owners determine that
the conditions of approval for the SPA or the PFFP would render the
Project economically infeasible. If city is notified to stop
processing the Entitlements and the reasons thereof, this Agreement
and the processing Agreement shall be terminated and the
applications shall be considered withdrawn. The City shall return
the Irrevocable Offer of Dedication to the Owners and take whatever
actions necessary to remove said document from the University
Property's chain of title within thirty days of the termination
notice by Owners. Owners agree to pay any outstanding processing
fees due the City in accordance with the terms of the Processing
Agreement.
3.3 MSCP Approvals. city understands and agrees that the
approval of the Subarea Plan of the San Diego Multi-Species
Conservation Plan, an Implementing Agreement with the U.S. Fish
and wildlife Service and amendments to the General Plan and city
zoning ordinances (referred to collectively herein as "MSCP
Approvals") are required in order for Owners to implement the
Project in accordance with the Entitlements. Owners acknowledge
that the city is currently processing the MSCP Approvals for the
approval by the appropriate agencies.
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3.4 Approval of Entitlements. If the Entitlements are
approved by the City Council in substantially the form set forth
herein and the MSCP Approvals are obtained in order for the Project
to be implemented, by August 31, 2001, as such time may be
extended as provided for in Section 5.9 (Force Majeure), Owners
agree that the City may accept the Offer of Dedication to the
University Property upon the expiration of the statute of
limitations period for the review, attack, setting aside, voiding
or annulling of the Entitlements as set forth in Government Code
Sections 66020 and 65009(c) (1) and any additional time caused by
Third Party Litigation, as described in Section 3.5 herein. City
shall accept the Offer of Dedication to the University Property
after the City has accepted the Hazardous Waste Report, provided,
however, the City has approved the condition of title for the
University Property and the conditions precedent (paragraph 3.4)
for acceptance of the Offer of Dedication have been satisfied.
3.5 Third partv Litiqation. In the event of the occurrence
of Third Party Litigation, the term of this Agreement shall be
extended for the period of the pendency of the Third Party
Litigation or until such time as either the City or Owners
(irrespective of who is named in the Third Party Litigation) decide
it is no longer in its best interest to defend against the Third
Party Litigation at which time written notice shall be provided
terminating this Agreement. In such event, the Entitlements
received by Owners shall be considered withdrawn by Owners and be
null and void. The City shall return the Irrevocable Offer of
Dedication to the Owners and take whatever actions necessary to
remove said document from the University Property's chain of title
within thirty days of the termination notice by Owners.
3.6 Open Space Credit. Once the City has accepted the Offer
of Dedication to the University Property, Owners shall receive
credit towards Owners' obligations to convey land, in accordance
with the provisions of the Otay Ranch Phase 2 Resource Management
Plan, for the dedication of the open space within the University
Property as shown on Exhibit "F" attached and made a part herein by
this reference.
3.7 Development of Villaqe 11. If the Entitlements are
approved by the city and the City has accepted the Offer of
Dedication, Owners shall be allowed to proceed with development of
the Project in accordance with the approved Entitlements; provided,
however, such implementation shall be subject to the Development
Agreement, the approved Entitlements and the City Growth Management
Program and Ordinance. Notwithstanding anything in this Agreement
to the contrary, Owners understand and agree that no building
permits shall be requested or issued within Village 11 until
completion of construction of the Phases 1, 2 and 3 of the Olympic
Parkway Improvements, as those terms are defined in the Agreement
for Financing and Construction of Olympic Parkway and Related
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Roadway Improvements by and among the City of Chula Vista, McMillin
Otay Ranch LLC, and Otay Project, LLC, dated April 20, 1999 (the
"Olympic Parkway Agreement"). City will use its best efforts to
enforce the provisions of the Olympic Parkway Agreement.
3.8 Discretion of City. Owners understand and agree that the
City reserves the right to exercise its discretion as to all
matters which the city is by law entitled or required to exercise
its discretion with respect to the Entitlements and the MSCP
approvals, including but not limited to California Environmental
Quality Act and other similar laws. In addition the Entitlements
shall be subject to and brought to city Council for consideration
in accordance with applicable legal -requirements, including laws
related to notice, public hearings and due process. In addition,
nothing herein shall be construed as to restrict the City's ability
to exercise its discretion as provided by the city's Growth
Management Program and Ordinance or to condition the Project in the
manner city determines appropriate in accordance with its general
police powers.
ARTICLE 4
GENERAL PROVISIONS
4.1 Infrastructure To Serve universitv Property. Owners will
not be required to fund, and the development of Owners' Property
shall not be conditioned upon the funding or construction of public
infrastructure required to serve the University Property including,
without limitation, streets, sanitary, sewer, storm drain, water,
park, open space, landscaping and dry utility facilities unless
City provides reasonable assurance of funding or reimbursement in
accordance with State law and/or the City's ordinances.
4.2 Universitv Property Assessments. City agrees not to
impose on the University Property any special taxes, assessments,
fees, charges or other exactions prior to City acceptance of the
Irrevocable Offer of Dedication of the University Property. Owners
shall be responsible for paying any taxes, liens and assessments
currently being imposed on the University Property until the City
has accepted the Offer of Dedication.
4.3 Term. The term of this Agreement and the rights, duties
and obligations of the parties under this Agreement shall continue
up to August 31, 2001 and any additional time caused by Third
Party Litigation or Force Majeure as herein defined.
ARTICLE 5
MISCELLANEOUS PROVISIONS
5.1 Entire Aqreement. This Agreement sets forth and contains
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the entire understanding and agreement of the parties, and there
are no oral or written representations, understandings or ancillary
covenants, undertakings or agreements which are not contained or
expressly referred to as an Exhibit herein. No testimony or
evidence of any such representations, understandings or covenants
shall be admissible in any proceeding of any kind or nature to
interpret or determine the terms or conditions of this Agreement.
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5.2 Severabilitv. If any term, provision, covenant or
condition of this Agreement shall be determined invalid, void or
unenforceable, then this Agreement shall terminate in its entirety,
unless the parties otherwise agree in writing.
5.3 Interpretation and Governinq Law. This Agreement and any
dispute arising hereunder shall be governed and interpreted in
accordance with the laws of the State of California. This
Agreement shall be construed as a whole according to its fair
language and common meaning to achieve the objectives and purposes
of the parties hereto, and the rule of construction to the effect
that ambiguities are to be resolved against the drafting party
shall not be employed in interpreting this Agreement, all parties
having been represented by counsel in the negotiation and
preparation hereof.
5.4 Section Headinqs. All section heading
are inserted for convenience only and shall
construction or interpretation of this Agreement.
and subheadings
not affect any
"""""
5.5 Sinqular and Plural. As used herein, the singular of any
word incudes the. plural.
5.6 Time of Essence. Time is of the essence in the
performance of the provisions of this Agreement as to which time is
an element.
5.7 Waiver. Failure of a party to insist upon the strict
performance of any of the provisions of this Agreement by the other
party, or the failure by a party to exercise its rights upon the
default of the other party, shall not constitute a waiver of such
party's right to insist and demand strict compliance by the other
party with the terms of this Agreement thereafter.
5.8 No Third Party Beneficiaries. This Agreement is made and
entered into for the sole protection and benefit for the parties
and their successors and assigns. No other person shall have any
right of action based upon any provisions of this Agreement.
5.9 Force Maieure. Neither party shall be deemed to be in
default where failure or delay in performance of any of its
obligations under this Agreement is caused by earthquakes, other
Acts of God, fires, wars, riots or similar hostilities, strikes and
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other labor difficulties beyond the party's control (including the
party's employment force), government regulations, court actions
(such as restraining orders or injunctions), or other causes beyond
the party's control. If any such event shall occur or should
delays be caused by Owners failing to submit plans or other
documents in a timely manner that causes a delay in the city's
processing of the Entitlements, or requests further changes or
amendments to the Project or Entitlements, the term of this
Agreement and the time for performance shall be extended for the
duration of each such event, provided that the term of this
Agreement shall not be extended under any circumstances for more
than five (5) years.
5.10 Mutual Covenants. The covenants contained herein are
mutual covenants and also constitute conditions to the concurrent
or subsequent performance by the party benefitted thereby of the
covenants to be performed hereunder by such benefitted party.
5.11 Successors In Interest. This Agreement shall be binding
upon and inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property until
released by the mutual consent of the parties. . The burden of the
covenants contained in this Agreement (\'Burden") benefit and burden
the Property, its successors and assigns and any successor in
interest thereto as well as benefit the City. city is deemed the
beneficiary of such covenants for and in its own right and for the
purposes of protecting the interest of the community and other
parties public or private, in whose favor and for whose benefit of
such covenants running with the land have been provided without
regard to whether city has been, remained or are owners of any
particular land or interest therein.
5.12 Counterparts. This Agreement may be executed by the
parties in counterparts, which counterparts shall be construed
together and have the same effect as if all the parties had
executed the same instrument.
5.13 Jurisdiction and Venue. Any action or law or in equity
arising under this Agreement or brought by an party hereto for the
purpose of enforcing, construing or determining the validity of any
provision of this Agreement shall be filed and tried in the
Superior Court of the County of San Diego, State of California, and
the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
5.14 Further Actions and Instruments. Each of the parties
shall cooperate with and provide reasonable assistance to the other
to the extent contemplated hereunder in the performance of all
obligations under this Agreement and the satisfaction of the
conditions of this Agreement. Upon the request of either party at
any time, the other party shall promptly execute, with
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acknowledgment or affidavit if reasonably required, and file or '""'"
record such required instruments and writings and take any actions
as may be reasonably necessary under the terms of this Agreement to
carry out the intent and to fulfill the provisions of this
Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
5.15 Amendments in Writinq/Cooperation. This Agreement may be
amended only by written consent of both parties specifically
approving the amendment. The parties shall cooperate in good faith
with respect to any amendment proposed in order to clarify the
intent and application of this Agreement, and shall treat any such
proposal on its own merits, and not as a basis for the introduction
of unrelated matters.
5.16 Notices. Any notice called for in this Agreement shall
be sent by hand delivery, overnight courier service, or by
registered or certified mail as follows:
To City at:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Senior Assistant City Attorney
To Owners at:
NM Homes Two, Inc.
2823 McGaw Avenue
Irvine, CA 92614
Attn: Greg R. Petersen
'""'"
B III Capital Partners, L.P.
c/o DDJ Capital Management
141 Linden Street, Suite S-4
Wellesley, MA 02181
Attn: Judy K. Mencher
Otay Land Holdings, LLC
c/o Oaktree Capital Management
333 South Grand, 28th Floor
Los Angeles, CA 90071
Attn: Greg Geiger
Pearl Tech, LLC
c/o Goldman Sachs
85 Broad Street, 28th
New York, NY 10004
Attn: Edward Mule
Floor
M/O Holdings, LLC
c/o Merrill Lynch
800 Scudders Mill Road
Plainsboro, NJ 08536
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Attn: Karen Morely
with a copy to:
Hewitt & McGuire, LLP
19900 MacArthur Blvd., Ste. 1050
Irvine, CA 92612
Attn: Dennis D. O'Neil
or such other address as a party may inform the others of from time
to time. Any such notices sent by registered or certified mail,
return receipt requested, shall be deemed to have been duly given
and received seventy-two (72) hours after the same is so addressed
and mailed with postage prepaid. Notices delivered by overnight
service shall be deemed to have been given twenty-four (24) hours
after delivery the same, charges prepaid to the u.s. Postal Service
or private courier. Any notice or other document sent by any other
matter shall be effective only upon actual receipt thereof.
5.17 Authoritv to Execute. The person or persons executing
this Agreement and Irrevocable Offers of Dedication on behalf of
Owners warrants and represents that he/they have the authority to
execute this Agreement and Irrevocable Offers of Dedication on
behalf of his/their corporation, partnership or business entity and
warrants and represents that he/they has/have the authority to bind
Owners to the performance of its obligations hereunder.
5.18 Exhibits and Attachments. All Exhibits refereed within
the Agreement are incorporated herein and made a part of this
Agreement, all Attachments referenced herein are purely for
informational purposes and are not incorporated nor made a part of
the Agreement.
(NEXT PAGE IS SIGNATURE PAGE)
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SIGNATURE PAGE TO
LAND OFFER AGREEMENT
""""
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first set forth above..
CITY OF CHULA VISTA
NM HOMES TWO, INC., a
Delaware corporation
Shirley Horton, Mayor
By:
Title:
Title:
ATTEST:
OTAY LAND HOLDINGS, LLC, a
Delaware limited liability company
Susan Bigelow, city Clerk
By:
APPROVED AS TO FORM
B III CAPITAL PARTNERS, L.P., a
Delaware limited partnership
John M. Kaheny
City Attorney
By: DDJ CAPITAL III, LLC, its
General Partner
""""
By: DDJ CAPITAL
MANAGEMENT, LLC,
By:
Its:
Title:
SIGNATURES CONTINUED ON NEXT PAGE
""""
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SIGNATURE PAGE TO LAND OFFER AGREEMENT
PEARL TECH, LLC, a Delaware limited
liability company
By:
Its:
By:
Its:
MIO HOLDINGS, LLC, a Delaware limited
liability company
By:
Its:
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Exhibit lIA"
Exhibit "BII
Exhibit "e"
Exhibit liD"
Exhibit liE-Ill
Exhibit "E-21l
Exhibit "F"
Exhibit "G"
Attachment 1
H:Home\Attorney\Offer2.wp
Exhibits
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Legal Description and map showing the Property.
Legal Description and map showing the University
Property.
Village 11 SPA Plan, Land use Map and Table
Irrevocable Offer of Dedication
Encumbrance Map
Title Commitment
Map showing open space
Subordination Agreement
Letter of Intent
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(858) 782-9659
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(858) 782-8658
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SAID I.J.XD 0lil.:BY ~~aF .\"llUOmlNPOSs:e:asJO~nHEaBOP.
EASEMENTS, CLAlMS OP E.Alll:lMENT 01. &1CtlMiRANC:B& WHrai AD NOT SBOVfN
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4. DISCXBPAIClEI, CClIllUCr8 IN BOONDA&Y UNEll. maa.T..\GS L'i ~
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FAYABLB.
SJ3COND lNST~. ~.AM) Sl'ECLU. tAXES .FOJt nm FISCAL. Y.E.U
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(858) 782-8858
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(858) 782-9659
e3/24/00 10:39A P.009
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AN EA.I1lM:BNI' :roB. PJP8 UN1!lI AND ZJo&I".IJ"IA.'rrAL PUllPOSBs IN 'FA. VOi., Of SAN
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(858) 792-8658
08/24/00 10:39A P.010
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TOGETJl:iia 'WmI nm lQ'GRT OF INaREsS TRliRJiI'O .t.Nl) EGRESS ~
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PAGE $SI 'aF OFPICLU.IU>OOlmS, DESCRIBED AS FOLLOWS:
l'ARCm.l~
THAT POll.'I1ON OF LOTS .!I. .c, a. P, lQ A.'fD 1llN' 'm!l grAY ~, IN -nm COtnn:Y
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FOOT STIIJ1' MmtO DIl3Icu:GD ASPOli.CWSI
BE~AT APOlNTO'N'nm~YUN!ClF 5.AJZ) O'I'AY:&AN~ WBIClUS
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fOU,.OWIIolG 1m Ute ClI" D1E1I.1GKI OF WAY m ntB OTAY-SA:N DI1!GO PtPli JJN)i,.
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nG:u::tla' A.'VJ mvnEGB TO PI,.l.CS IIND MArl\"'It.tN AN .AN'CBCIIl TO StlI'1'01l.T A
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LOCA"IIiD wu.......r nm :mmnm:ll1.Y 4.0 lJ!Zt rJP 'mE Suuuu:N.Y 1,276.71 nsr Ol'
nm 1!ASIEIU.V 27.0 J'EET Of SAJDLOT 3, v.:HalO O%'AY,
~ D WAJ)Jt TO !lAm llUmtlM2.N'l' ),c:I&FUll.'mBR.!'AJ..'nctlI.J\U.
~ ~ FOR. A. FCtm. :tKC:K LZN2 0'1 P.lPIl .AND .AU. mcasSAR.Y .ANI>
P1O'.P'D. F.tX'1'Olb i>ND J!Q'tlIl'MENT 1'01 t.'Q; IN CONNECtJON nm:uwrTK Foa.
nm Tll.ANS)GSStON AND mSTJIBtlTION or OM PClIl. AU.. Pt.:ltJ'CISZS 1'Ci!.. 'WEICH
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~Y, MIlMOiIllD AT lUQH1' ANGIZ.!l, ~ 'Imi JIClE.LO~
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5EcncN ;31, TCWNSBlP 17 llotml, ll.IINGE 1 w.ssT. &AN ~ !lAm AM)
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2,ooo.~ POOT' :rv.tIll1!l CUK'YX, CQNCA.\IE 1l0tml:WJZS'IE:RLy: TB:ENCJl;
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nm B~ OF A T.ANti.ENT ~IlO,OO 10CJI KAJ:I:Mi CUR.VE, CONCAVE
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A't:nrC11UTY. A 1"tJBLIC "'~ IN FAVOR. ClP SAN DIBGO GAll AllD ELEC'r.\UC
COMPANY, A COr.1'ClRAno~. IJ!CXI11J)BI) JULY 24, 1979 AS 1l'ILE NO. "..306480 (jp
OmCIAL 1I.BCOP.DS. &A]]) JMS'm'tl1dBNT QlIIJ' c:t.AD4a .... POKnON OF A
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nm ~ AlG) p:;s]' OF WAY mAIL 35 6.00 FJl.E1' IN' wmrH AND III
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U.oo;fmrr IIOO'I1lWB8'lERLY ~ '.!'BE NC1l~YIJNS SE'.\U. = 9.00 ~
SotnBWBS"IBB%.Y. ~ AT mmrr .-\NCJtU now nul Fo:r..t.OWING
tm!'....~ CSN1."EBLIIGB ert 'IJm SECOND SANIlmGO AQtlEDUCT ~ 30.00
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NO.R.nmAB':t' COIlNa OF S.AZD LOT 4 ~ orA Y Jl.ANCX. IIAm POINI' liI'2ZNo
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WIn! snIP OF LAND WHIc::a t:lIlS WZTmN mAT 30.00 POOT WIDE ~
~ GL\Nl'ED TO 'Ill:! ~ tlJECJO COtlNIY "WA!U AUllIOlUtY BY
~ RECXl!tJ:l1lD AtTGQ8T 4, 19" no; BOOk: 711aG, "'AG& S5ll OF .........QA.t.
Proon>9 CIP lWJ)COON1'Y.
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OR. fV1U'0IU's TO g:r FOJl.m Cll3.T.Al:N'IJIMZ:I/!IaNS A:ND BliAlUNGS m nm
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~ 'YJS1:.t. ASSCX:tATE3, L.P. A
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BY QUlICLAJM J:)EIlD B.EaIIUUlD IANUAllY ao, IU. N> FIL.B NO. lP!J4.0M41:M or'
0f2lIC[AL RECOIl.D3. JIClIlTJ:CINS Of 'IBS lNIEllllSTS IN SAID ~ ~
l!3:.DI1INA.'I'm:l.
AN ~ lOR It. WA'l'E& ~ OR. !'I!'m..l:SES .AND IN~m'..u.
1'tlll.POSBS IN FAVoa. Cll" THE SAN OJBGO 00UNtY WAnA AUIHORIIY.
JEOOJZD:l!lJ SJi.l"IBl\alml3; 1~9' AS!'IU!1'IQ.l~3.a!IS514~OP'onlCuI.L ""rY11!P$.
nm &Oem ~ SAxe SI'''''MENT IS &zr am IN SAm DOr::tMENI' .AND AflBCI'S A
l"CXI1DN OP'IBB ........'miJ:)l!IClallJil) PKOPBkty.
R:!!.P!'.R.ENCE JS M.A.DE 'IO IMD ~ FOJ, l'tllaHI!P.P.A1nx::ot..A.RS.
I'. AN ".ASBMllN!' p~ W^T!illl'n-~ ~ INCICENTAL P'lOO'OiE:S IN FAVOl1C. Of
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18.
TIDi lUmm r:n SAm BA.SEMENI' JIl DT O'llr IN SAm 1l0ClJMENX' A%olD ~ll A
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'mE .A:lftrNJJ. OF nm GENSV.L PUl4' ~. GIIMl1t4L AND O'I'HEK
:C~"1':E't.ANS POR. ~ OTAY Jl.ANCl;. :DA'I'Bl) oarolum. ZB. I!lIS, ti!'ON
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~c:tnEO:B"t ~ :aSTWEEN, nm Ct1Y OF crroI.A. 'YmT^, A
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AND 1D cotllftY OF SAN J:)WGO. A
~ StmnlVISlON 0):" tm STAB
OF ~ Al'ID mAY VlI5TA
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PAIlDll!UlDP
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:H. nm ER!(;l", IF .ANY. OF llJSCf"lPv OF SUB.VEY MAP NO. 1~, 'I91UCK SEIlIl'ClU'B,
0& l'U,'IU>QJt.'1"ll TO SET JOll'n!, cm.:rAll'l CIMIl:NSlONS .ANtI BEAlUNGS OF nm
HDml'fDESClUSED f'lilCIPSIl.'IY.
~., AN A<S'REE!GNI' TO CO!(VEY ~U; BCtI!IlNG sr:m AND nl'V"a.,s
C01\OorCN1'IY 1'tJ&POSS FAo.ur.ms am ('T'I'l'f~ CANYCNl, :DATED
n!c::mlmBR. 1, 199'" 'OPONnIB nl2.lla, CCVENAm'S AN:c CONDt"I'lQliS CONTAlNBD
~"",~:aY..umBBtW:Il.iNTBBcrnrOFcatII.A VISTA., CA.LlPQRNIA.
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1l''S-003C40 OF OF.l'IC1ALJU!CO!tOs, .
lllf'EKBNCS 1lI XtUJ:l]l1'O s.ul)lNS~~!lT.llaJlD.PAR.ncvz..o..u.
AF.PECISLOT I O!'JtotA!NO.'1Q,
A CONSENt AG~ DAn:D APXJI. " I~ tI!'ON TBZ 'IRlQ(5, COVENANTS,
.uIC CdNCmONS CCNI'AJNm:l TH1~'Ilbf,
EXltctn:5t>llYANDBIil....&::!'il: !l~'WI!( l!tI1LPEU, A CA.IJ:lI01tNIA
CO>>OJUJION ~'D SAN DraGO G~ AND
m.:senuc c:ot.!1'...~..'Y. A. Cl\.l..1FCXlI.N
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:El.2COJl.mltl; naIL 2!I. 15195 AS F.lLi> NO, 1'90'.0201031 OP OPP1ClAt. UOQJlp$.
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DE\'ELOPMENT
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RECC'R:DBD: APlUL 30.151'<< AS FlIJ::NO.l115''-a217424 OF ""........;uu.UCOSWS.
KBfl!,BENt':S IS :MAm TO SAJP JNI'I1t.'MENT POR. Ft.7iPJHB1 P~.
25. i\.... AG!tSEWENt' 1lJ!(J"'1lTmll) ~y aN ~......~ "1:, :DA:mP c;t(OT SHOWN). UPON
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~c:on;tIB'V >>l:D 1ilB'1'W.EEN: BAIJ:JW:IN BtlIIJ:l2U. INC. AND mE a'tAY
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ll:13.PD.ENC2 II 1Ml:IB t'O SAll>~~l'01l.1'tJlUX!A1"A&nctlUJl.S.
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~CQ71l:D BY AND :BETWEEN: SAN mEGO COtlNtY WA'tAI. A.UTHClImY ANO
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~CFn5 MADE TO SAID IHsnL'[1MI;}lT:ro1FtI1nm&l'Mnt:tlt.AIlS.
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29, 1~ UPON 1:Im '11!:ltJ\CS. COVENANIS, AND ~ONS CONr.A!NE%) 'mIiImN.
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CWtVli CONCAv.B II~Y HAVDlG A aAl)ZUS aF 245,00 fS1m 'TDJlNCS
S1Ctl'1'RB.\.B'1'1m.LY 111." :i'ES'I' /lJJ:J!JG BAJ:D c:rJKVB Tm\.CVOB A ~ .o.N~
2"'Ot'Sli" ntSNCS tANGENT R.!.OM lWD ctm,vs. soum 4&"OS'I'-]lI,.5T t 1&.71 DB'r TO A
~ CC3,V:& CCNC....VS s~y EAVlNG A ~s OF 540.00 FEE'I':
~CE S'-'IIUm.o.sn:a.r.Y lD4..10 FEEl' .AI.OHG SAXD CUR.VB nDOOaa:.A Cl3N'DAL
ANGLS ~ 11.~'4S" l'tlJlNCB I'ANG5NI :FP.CM lWD ctav.s sov.m :i2"Ol!i'3:Z"liAS-r lOti. 59
l':Blrr TO A TANGENT ctl1VE CONCA'YB NOlt"I'BBMTBlU-Y HA.V1NG A:Il.J\DIt1S 01' 1530.OCJ
FliB'1'j ~ ~Y 193.8$1la:t' ALONG SAD) ctJJ.VB llilWUOH A~
ANGt.It 01' 17"57'4S" ~ TANCmm' l'JtOM 8.un CC'R.'VJ!, SoutH .,.44'Zl- :&AST 287.5.2
'l"ES!' TO A 'fAN'G'EN'1' amOVE CONCA'YB so~Y KAVJNa A lUImUS ~ :310.00
1'SST; ~ ~Y l'l.:u FEEt A.Ur.110 8lUD Ct:Il.V2t 'nDtO'OGH A <:ENTltAL
J\NOIJ; a: 35";20'39"; TmlNCB, TJINl3mlT f'lI.OK SAID CtI1'YE, llot1I'814":z3'G,"lilAST 1152.45
PEBr: 'tBENCB SOtJTH "09'1'" BAST ,p.11 :fUr: 'mEl'ICE SOt1nl: 1Ii'30'$S" BAST 105.31
FIO:In; 'l'ZlNCI! soura: 4"24....... BAST 91.19 !1lBTi nmNCS SCUI:II t7"30'1Z" IUIlf1" 3',04
~ 'I'SENCl! /lot1IS. 500.so.or EAST'D.n PDT: 'TBllNCB 1'1011:H O":I4'3S" BMT ;ui4.$4
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FEET TO A TANOENT ~W OOm:AY.E ~'I.'E1Vl!SIEIU.Y BA.~ A 1.\Dltl'S OF 2.6O.0~
tmlNCS 1'lotl~-rB.lU.Y 250.51 msT ALCING SAID CDIl.VE TlmOOGR A. CDTmAL
.hN\3I..S :;$"t3'.14" TO ... ~ Ctlll.VB CONI:A.VE ::BA8'I1i:U.Y HAVDlG ... JUJ:IIUIl OF
%J1D.oQ 1DT1 u........Jl. NClIl.THEIl.l.Y 141.7. FBEr ALONG lAID ~va 1:Il1Otl'QR' A.
CEN'I'J.At, ANat.3 OF 18"111'11"; ~ TANGENT 'F1lCN: SAID ctlR.'V'E NORTIi 15"31'56"
2#JlT7!KSC l'Ei1!.T to A TANaENt CO&VB ~Cto.V1lSClU1'JD.A.lTEltY HAVING A:R.AImJ~
, OF %l8MO FJ:iP:1; TS:'SN'CS 174&.14 fEeT ALONO SAID ClJ1!lVR "l'H1CtlOR It. c:mrnt.AL
.A.NGI2 OF H.44'38~ 1'0 'IHB liOB.1'miAStml.LYtINBOP &AID OTAYIlAN'CBl).
:sxa:PTING mATPOB,1.'%()}l Of'!lAm LO'!: <4, LYlNO SOUl'1mU.Y aF 1BE SounIERl.Y UNA
Of 1'BE 1J\.ND CONV!YED TO nm SOt.ll~ CAUFORmA :M01JN1'J.IN WAn:P.
COMPANY, BY DEm> l!JlC01DJi2) roN:It :l4, 19l2, IN BOClK. S7lI, :PAGS 113 OF ImBPll, OF
OFFICIAL BEOOJU)S OF um 00UN1Y..t.ND SOU'mWES'1'1tRt.Y OF Tmt SQCT.Er.WSS:TKI1.LY
lDiE OF "I'RB LAND ~ TO 'J':Cm orA.Y WATER. PlST1lICT, A PUllUt: BODY,
CORPORA'tS AND POLtI'IC BY FINAL 0lWBR OF ~,.'OON. CASE NO. iCl4744-1
~ JULY to, 1997 AS m.B tolo. 1997.0324133. OF ut<EIClAL R.J>COlWS OF SAJI)
COUNTY.
A,1,SO AN ~ ~ A..<<l noM T.Bt. ABOVll ~~....", l1LOPElt.'IY mom: 1'Oll'nONS or 'lRt ,4
CXl~ 'BY &.t.:lolllimOO u.ND CONl'ANY to 11m ac11l'B!illN CAUl'QDUA.UOmlTAIl'l
WA'I'1!!& COMPANY. BY P2ED t.lA.n::D AnIL 11. 1912, ANtl m;cQJl.DED mNB 34, tll12. IN
BOOJ:.f70. PAGl113 OJ DlOIlDS.
ALSO ~!IN'G ~ tHAT 1'OJtnoN CXlNV!'il!I) TO mE arY 01 BAN DmGO
B'1":F!NAI. t'>llh'l1'll iJF CONDBMI\AnClN" RiCotmEP W...... 12. 1990, AS :rn:.B;NO. llo.129~
OJ' O~:RECOBD5 OF ~1XBGO COtlNIY.
AI.SO EXCEnING ~ nlAT POlI.TICN CCNv.BYED TO 'lm orAY W,A.TI!1l
:orS'i1UC't, 'A PUJUC 3OOY, ~ns Jj!(1) l'OtmC l'!lY' l'tNAL OJJ:)1lR, CXI'
CXlNDBMNj'..naN. CAS1l }<<). 700l7014-t, &COJU:I'BlJ JULY 10, 199' A5 PILE NO. ln7.0n4n~
OP O~CtAt. UOOZD5 en llANDIEGO cot.lN'.tY.
PARCEL :e:'(UNIVI1l.SITYNO. 2):
'IHAT PORDON OP LOT 4 01' orAY Jt.AloICHO, IN 'IE! COUNTY 01" SAN :DIEGO, SrA'I1i OF
~ ...cc:oaJ)D(O TO MAl' NO. IG2. 1"l1.EO XN TAB omca OF TH:E'. coUNTY
1$00ltI):EI, OF SAlXl COtl'Nn', :mnu:AI1Y 7, 1S100, LnNG SOtn'B1!JU,Y OF TSE
SountE:lU. Y UNA Ol' THS LAl'lP CONVEYED 'IO nIB saarElD.N CAI.Il"OJDUAMCJIJNr~
W ATEl>. COM!'..-.1'lY, BY DMD R:aCCl1lD:8.tJ .J'tlN8 :lA, 100.2, IN noox. 570, PAGE 113 Ol' m:EI)i
OP BAID cotJ1o."'I'Y', /lm) &Ot.n1iWJ:S't'PLY OJ' 'mIi ~srsu.y IJNB ai 't'RB u.NJ:I
CONvEYED TO T.R:E aTAY WATEIt DJlil"lUl:T. A l'tJBL]C: BODY. OORPaRAn Al'III pounc:
ri:FlNAL 0Jm1!ll ap CONtlEMNAnoN. CASI; NO. '7Ool'744.1 :RlSCOR.DBD 1tlLY la, 15197 AliI
l'tt.B NO. 151!l'1-aJ~~3. 01' O!'!'ICIAL ~ ClP lIJI,II) 0QtlN'rY.
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EXHIBIT "A"
LEGAL DESCRIPTION I
PARCEL 1:
Lots 1, 2, 9, 10, 11 and 12 of Otay Rancho, in the County of San Diego, State of California, according to
Map thereof No. 862, filed in the office ofthe County Recorder of San Diego County, February 7, 1900.
Excepting therefrom that portion conveyed to Emily Hunte Black, as trustee of the Emily Hunte Black
Revocable Trust No. I, and Henry F. Hunte, as trustee of the Louis H. Hunte Testamentary Trust created
under the Last Will of Louis H. Hunte in deed recorded May 1, 1992 as File No. 1992-0261511 of official
records.
PARCEL 2: (being a portion ofUE ParcelS)
Lots 3, 4, and 8 of the Otay Rancho, in the County of San Diego, State of California, according to Map
thereof No. 862, filed in the office of the County Recorder of San Diego County, February 7, 1900.
Excepting from the above described property those portions of Lots 4, 7, and 14 of Otay Rancho,
conveyed by San Diego Land Company to the Southern California Mountain Water Company, by deed
dated April 11, 1912 and recorded June 24, 1912 in Book 570 Page 113 of deeds.
Also excepting therefrom that portion conveyed to the City of San Diego by Final Order of
Condemnation recorded March 12, 1990 as File No. 90-129846 of official records of San Diego County.
Also excepting therefrom that portion conveyed to the Otay Water District, a public body, corporate and
politic by Final Order of Condemnation, Case No. 704744-1, recorded July 10, 1997 as File No. 1997-
0324833 of official records of San Diego County.
I From CHICAGO TITLE COMPANY REPORT dated NOVEMBER IS, 1999
Page 1 of 1
RG:kIlK:\I99&\2000la03.doc
WOI99&-6 2/ID!OO
EXHIBIT tAt
NEW MILLENNIUM OWNERSHIP
OTAY RANCH - CHULA VISTA CALIFORNIA
14 7
III -
HUNSAKER ----
.
& ASSOCIATES
SAN DIEGO. INe:.
PlANNING 10179 Hoemekens St S1ite 200
ENGINEERING San Diego, Ca 92121
SURVEYING PH(858)558-4500. 00858)55&.1414
.
1 1
BOUNDARY
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EXHIBIT 'B'
LEGAL DESCRIPTION
UNIVERSITY NO.1
Those portions of Lots 1 through 4, inclusive, 8, 9 and 12, of Otay Rancho, in the County of San
Diego, State of Cali fomi a, according to Map No. 862, filed in the Office of the County Recorder
of said County, February 7, 1900, lying Southerly of the following described line:
Commencing at the intersection of the centerline of Hunte Parkway, as shown on Chula Vista
Tract No. 99-3A, Map No. 13292, filed in the Office of said County Recorder, with the
Northwesterly line of said Otay Rancho which bears North 71057'19 East; thence South
31044'10" East 859.00 feet to a tangent curve concave Westerly, having a radius of 1980.00 feet;
thence Southerly 2089.47 feet along said curve through a central angle of 60027'49"; thence
tangent from said curve South 28043'40" West 700.84 feet to a tangent curve concave
Northwesterly having a radius of 2800.00 feet; thence Southwesterly 336.18 feet along said
curve through central angle of 6052'45" to a point in said curve; thence continuing
Southwesterly along said curve, 627.17 feet through a central angle of 12050'01"; thence tangent
from said curve South 48026'26" West 3828.95 feet to the Southeasterly line of said Lot 12 and
the TRUE POINT OF BEGINNING
Thence North 48026'26" East 3828.95 feet to said tangent curve, concave Northwesterly and
having a radius of 2800.00 feet; thence Northeasterly 627.17 feet along said curve through a
central angle of 12050'01" to said point in said curve; thence South 12045'51" West 278.02 feet;
thence South 1022'11" East 133.08 feet; thence South 69019'13" East 119.70 feet to a tangent
curve concave Southwesterly having a radius of 245.00 feet; thence Southeasterly 111.89 feet
along said curve through a central angle of 26009'56"; thence, tangent from said curve, South
43009'18" East 114.73 feet to a tangent curve concave Southwesterly having a radius of 540.00
feet; thence Southeasterly 104.10 feet along said curve through a central angle of 11002'45";
thence tangent from said curve South 32006'32" East 1 06.59 feet to a tangent curve concave
Northeasterly having a radius of 630.00 feet; thence Southeasterly 193.85 feet along said curve
through a central angle of 17037'48"; thence, tangent from said curve, South 49044'21" East
Revised February 8, 2000
May 5, 1999
Page lof3
W.O. 2169-17
H&A Legal No.: 4722
Prepared by: V. Edge
Checked by: R. WiIliamsftj
.
.
.
287.52 feet to a tangent curve concave Southwesterly having a radius of 310.00 feet; thence
Southeasterly 191.23 feet along said curve through a central angle of 35020'39"; thence, tangent
from said curve, South 14023'42" East 162.45 feet; thence South 7009'16" East 99.77 feet; thence
South 16030'55" East 205.31 feet; thence South 4024'44" East 97.89 feet; thence South 17030'12"
East 39.04 feet; thence South 50040'02" East 69.53 feet; thence North 52034'38" East 264.54 feet
to a tangent curve concave Northwesterly having a radius of 260.00; thence Northeasterly
250.58 feet along said curve through a central angle 55013'14" to a reverse curve concave
Easterly having a radius of 2970.00 feet; thence Northerly 948.78 feet along said curve through
a central angle of 18018'12"; thence tangent from said curve North 15039'36" East 796.94 feet to
a tangent curve concave Southeasterly having a radius of2880.00 feet; thence 1746. 14 feet along
said curve through a central angle of 34044'18" to the Northeasterly line of said Otay Rancho.
Excepting that portion of said Lot 4, lying Southerly of the Southerly line of the land conveyed
to The Southern California Mountain Water Company, by Deed recorded June 24, 1912, in
Book 570, Page 113 of Deeds, of Official Records of said County, and Southwesterly of the
Southwesterly line of the land conveyed to The Otay Water District, a public body, corporate
and politic by Final Order of Condemnation, Case No. 704744-1, recorded July 10, 1997 as File
No. 1997-0324833, of Official Records of said County.
Also excepting from the above described property those portions of Lot 4 conveyed by San
Diego Land Company to the Southern California Mountain Water Company, by Deed dated
April 11, 1912, and recorded June 24,1912, in Book 570, Page 113 of Deeds.
Also excepting therefrom that portion conveyed to the City of San Diego by Final Order of
Condemnation recorded March 12, 1990, as File No. 90-129846 of Official Records of San
Diego County.
Also excepting therefrom that portion conveyed to the Otay Water District, a public body,
Corporate and Politic by Final Order of Condemnation, Case No. 704744-1, recorded July 10,
1997 as File No. 1997-0324833 of Official Records of San Diego County.
Revised February 8, 2000
May 5, 1999
Page 2 of 3
W.O. 2169-17
H&A Legal No.: 4722
Prepared by: V. Edge
Checked by: R. Williams/u
.
.
.
As shown on University No.1 plat attached hereto and by this reference made a part hereof.
Cf( ~ ,y, rz /(112.--
Rory 'illiams, L.S. 6654
My License Expires: 12-31-03
Revised February 8, 2000
May 5, 1999
Page 3 of3
W.O. 2169-17
H&A Legal No.: 4722
Prepared by: V. Edge
Checked by: R. Williams/tj
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EXHIBIT "B"
..",
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L~JJR'OO' '. c, '\
.18' ': '. INSET
HUNSAKER & ASSOCIATES
IRVINE INC.
PLANNING . ENGINEERING . SURVEYING
Three Hughe$ . Irvine. CA 9261B . Pit (949) SU1010 . FX: (949) SB3.Q7S9
0"", 5-5-99 ~~~ 2-8-00 .~~ V. Edge
"", 1:\2169-17\LD\4722\SHT01,DWG
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.997-0324833 OR
Sketch to Accompany
Legal Description
UNIVERSITY NO.1
UNICORPORATED TERRITORY OF SAN DIEGO COUNTY, STATE OF CALIFORNIA
CK'd
B,
LOG
'N
W.O. 2169-17T
SHEET 1 OF 1
R. Williams
ACAD-MC
SCALE: 1"= 1000'
H&A LEGAL No. 4722
.
.
.
EXHIBIT 'B'
LEGAL DESCRIPTION
UNIVERSITY NO.2
That portion of Lot 4 of Otay Rancho, in the County of San Diego, State of California,
according to Map No. 862, filed in the Office of the County Recorder of said County, February
7, 1900, lying Southerly of the Southerly line of the land conveyed to The Southern California
Mountain Water Company, by Deed recorded June 24,1912, in Book 570, Page 113 of Deeds
of said County, and Southwesterly of the Southwesterly line of the land conveyed to The Otay
Water District, a public body, Corporate and Politic by Final Order of Condemnation, Case No.
704744-1, recorded July 10, 1997 as File No. 1997-0324833, of Official Records of said County.
As shown on University No.2 plat attached hereto and by this reference made a part hereof.
Qo~ ~,1v12t~
Rory S. illY-ams, L.S. 6654
My License Expires: 12-31-03
Revised February 8, 2000
May 5, 1999
Page I of I
W.O. 2169-17
H&A Legal No.: 4723
Prepared by: V. Edge
Checked by: R. Williams/tj
EXHIBIT "B"
Sketch to Accompany LegaL Description
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:997-0324833 O,R.
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HUNSAKER & ASSOCIATES
IRVINE, INC
PLANNING . ENONEERINC . SURVEYING
Three Hughes. Irvine. CA 92618 . PH: (949) 583-1010 . FX: (9-49) 583-0759
DATE' 5-5-99 ~~~ 2-8-00 .~': V. Edge
"LE, 1:\2169-17\LD\4723\SHT01.DWG
UNIVERSITY NO.2
UNICORPORATEO TERRITORY OF SAN DIEGO COUNTY. STATE OF CALIFORNIA
CK'd
B,
lOG
IN
R. Williams
ACAD-MC
SCALE: ," = 1000'
H&A LEGAL No. 4723
W.O. 2169-17T
SHEET 1 OF 1
EXHIBIT 'C'
OTAYVILLAGE 11
SPA LAND USE SUMMARY
.
.
NEIGHBORHOOD LAND ACREAGE DWELLING TARGET
AREA USE UNITS DU'S/AC LOT SIZE
R-1 SF 24.5 169 6.9 40X90
R-2 SF 14.4 50 3.5 60 X 100
R-3 SF 17.6 55 3.1 60 X 100
R-4 SF 11.6 60 5.2 50 X 100
R-5 SF 7.5 40 5.3 50 X 100
R-6 SF 7.5 40 5.4 50 X 100
R-7 SF 11.0 70 6.3 45 X 90
R-8 SF 10.7 65 6.1 50 X 90
R-9 SF 10.9 65 6.0 50X90
R-10 SF 16.4 90 5.5 45 X 90
R-11 SF 9.7 34 3.5 55 X 100
R-12 SF 9.0 40 4.4 55 X 100
R-13 SF 10.0 58 5.8 50X90
R-14 SF 10.4 60 5.7 50 X 90
R-15 SF 10.0 65 6.5 40 X 85
R-16 SF 8.4 65 7.8 40 X 85
R-17 SF 16.9 145 8.6 SMALL LOT SF
R-18 SF 8.8 77 8.8 SMALL LOT SF
R-19 SF 12.4 95 7.6 40 X 70
R-20 SF 9.4 77 8.2 SMALL LOT SF
R-21 SF 15.0 111 7.4 40 X 70
R-22 MF 7.8 140 18.0 CONDO/APT
R-23 MF 8.3 124 15.0 THICONDO
R-24 MF 8.7 109 12.5 TOWNHOUSE
R-25 MF 9.2 115 12.5 TOWNHOUSE
MU-2 (R-26) MU 7.6 189 25.0 SENIOR
MU-1 MU N/A 96 8.3 CONDO/APT
SUBTOTAL SF 252.3 1531 6.1
SUBTOTAL MF 34.0 488 14.4
SUBTOTAL MU 7.6 285
TOTAL RES. 293.8 2304
MU-1 COMM. 11.5 NIA
SUBTOTAL COMM. 11.5 N/A
CPF CPF 5.0 N/A
SUBTOTAL CPF 5.0 NIA
P-1 PARK 11.7 NIA
P-2 PARK 3.2 N/A
P-3 PARK 1.1 N/A
SUBTOTAL PARK 15.9 NJA
5-1/ K-6 SCHOOL 11.9 NIA
5-2 / Jr. H 5 SCHOOL 26.5 N/A
SUBTOTAL SCHOOL 38.3 N/A
Hunte Parkway ROAD 24.8 NIA
Olympic Parkwav ROAD 9.7 NIA
Eastlake Parkway ROAD 6.3 NIA
w" Circulation Streets ROAD 17.7 N/A
E" Circulation Streets ROAD 12.1 NIA
SUBTOTAL ROAD 70.6 NIA
Green Buffer 0.5. 30.6 N/A
Easement thru Pronertv 0.5. 19.3 NIA
Paseo Area in West 0.5. 2.4 NIA
Paseo Area in East 0.5. 1.7 I NJA
SUBTOTAL 0.5. 54.0 I NIA
.
.
.
TOTAL ACREAGE
489.0
* Subject to additional street
connections to promenade street.
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EXHIBIT "D"
Recording Requeste,l by unci
Please Rezurn 10:
DRAFT
City Clerk
City ofChula Vista
P,O, Box 1087
Chula Vista, California 91912
This instrument Benefits City Only,
ND F'tle~ Required.
This Space for Recorder's Use Only
APN(s)
C.v, File No.
IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NM Homes
Two. Tnc.. a Delaware corporation. B ill Capital Partners L,P., a Delaware limited liability
Partnership, Otay Land Holdings, LLC, a Delaware limited liability company, Pearl Tech, LLC.
a Delaware limited liability company. zmd M/O Holdings. LLC, a DelawlU"e limited liability
company represents that, as the owner(s) ofthe herein-described real property (in the case of
multiple owners, collectively referred to as "Grantor"), Grantor hereby makes an Irrevocable
Offer of Dedication of the fee interest to THE CITY OF CHULA VISTA, A MUNICIPAL
CORPORATION. the hereinafter described real property for the following purpose: university,
higher education. active public recreation and all other uses except non-university related
residential uses,
The real propeny referred to above: contains IIpproximate:ly 537 acres and is situated in the City
of Chula Vista. County of San Diego, State of California is more particularly described on
Exhibit A attached and made a part hereof by this reference.
RESERVATIONS:
Grantor shall reserve the right to conduct habitat enhancement, creation and mitigation activities
and create and convey conversation easements within the designated open space areas ofthe
dedicated property as required to mitigate the impacts of development ofthe property owned by
Grantor or their designees, subject to the reasonable approval of the: City and a determination by
the City that sllch activities or easements do not interfere with any easements required for the
permitted uses of the dedicated property. Grantor shall further reserve a temporary right. license
or easement over the dedicated property for construction and grading purposes necessary for the
development ofthe property owned by Grantor. Grantor shall repair and restore the de:dicated
property to at least as good as condition as existed prior to the entry onto the: dedicated property
under the temporary right. license or easement. Under no circumstances shall such activities or
i=asements preclude use of the dedioated l'ropilrty far'tbil permitted uses or require the City or its
02-02-<10 0060-00005
S:\1521D002000 ',IK(l., wpd
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successors in interest to incur any expense or liability arising from or relating to such activities or
easements.
This Offer of Dedication is made Jlursuant to Section 7050 ofthe Government Code ofrhe Srare
of Cali fomi a and may be accepted at any time by the City Clerk of the City ofChula Vista.
This Offcr of Dcdication offce interest shall be irrevocable and .ball be binding on the Grantor,
its heirs, executors, administrators, successors and assigns.
Signed this
day of
,20_.
Grantor Signatures:
(Notary Acknowledgment Required for Each Signatory)
This is to cortify the interest in real property offered herein to the City of Chula Vista. a
governmental agency. is hereby acknowledged by the undersigned, City Clerk. On behalf of the
Chula Vista City Council pursuant to authorley conferred by Resolution No. _ of the Chula
Vista City Council adopted on , 2000. and the grantee(.v) consent(s) to the
recordation thereof by its duly authorized officer.
SUSAN BIGELOW
CITY CLERK
By;
Date;
02-02-00 9Qt'lO-OOOOS
5:\152\0002000\ .IRR.wp<l
2
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BOUNDARY
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EXHIBIT 'F'
UNIVERSITY OPEN SPACE
OTAY RANCH - CHULA VISTA CAUFORNIA
.,"
..,
10
VILLAGE 11
:l-___
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12
reserve Boundary
13
14
(f)
""''''ocu
PlANNING 10179 Huemekens St Sl.ite 200
~NEERING Sin Diego, Ca 92121
SURVEYlNC PH(8S8)5S8-4SOO- FX(858)S58-1414
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EXHIBIT "G"
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
SUBORDINATION AGREEMENT
THIS SUBORDINATION AGREEMENT (this "Agreement") is executed and delivered
as of February 22, 2000, by and among NM HOMES TWO, INC., a Delaware corporation, as
successor by merger to NM Home Two, LLC, a former Delaware limited liability company
("Trustor"), GUARANTY FEDERAL BANK, F.S.B., a federal savings bank ("Lender"), and
THE CITY OF CHULA VISTA ("City"), with reference to the following:
WITNESSETH
A. Trustor previously executed that certain Deed of Trust (With Security Agreement,
Fixture Filing and Assignment of Rents and Leases), dated December 16,1999 to Chicago Title
Company, a California corporation, as Trustee, in favor of Lender, as beneficiary, in respect of
certain real property more particularly described therein, a portion of which is more particularly
described on Exhibit "A," attached thereto and incorporated herein by reference (the "Property"),
to secure, among other things, certain indebtedness evidenced by a certain Revolving Promissory
Note dated December 16, 1999 in the original principal sum of$17,000,000.00 (the "Note"), in
favor of Lender, which Deed of Trust was recorded on January 7, 2000 as Instrument No. 2000-
0009480 in the Official Records of San Diego County, California (the "Deed of Trust"). The
beneficial interest under the Deed of Trust is held of record by Lender as of the date hereof.
B. Concurrently herewith, Trustor and City, together with the other parties who hold
undivided interests in a portion of the Property (collectively, the "Tenants-in-Common"), which
interests are not subject to the lien ofthe Deed of Trust, are executing that certain Land Offer
Agreement, dated as of February 15,2000 (the "Land Offer Agreement"), pursuant to which
Trustor (and the Tenants-in-Common who hold undivided interests in the fee estate in the real
property more particularly described in Exhibit "B" attached thereto (the "University Site") and
incorporated herein by reference) are offering to dedicate the University Site to the City upon the
terms set forth therein. The Land Offer Agreement is to be recorded concurrently herewith in the
Official Records of San Diego County. The University Site is a part of the Property encumbered
by the lien of the Deed of Trust. The Deed of Trust constitutes a lien upon the entire interest of
Trustor in the Property but does not encumber any interest respectively held in the Property by
any of the Tenants-in-Common. .
C. City is willing to execute and deliver the Land Offer Agreement to and in favor of
each of Trustor and the Tenants-in-Common if, inter alia, as a condition precedent thereto, the
Land Offer Agreement and the rights granted therein to and in favor of the City be and remain an
I
50091930v2
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interest in the University Site prior and superior to the Deed of Trust and any and all rights of
Lender thereunder and provided that Lender will specifically and unconditionally subordinate the
Deed of Trust and any and all rights of Lender thereunder to the Land Offer Agreement pursuant
to all the terms and provisions of the Agreement; and
D. It is to the mutual benefit of the parties hereto that the City execute and deliver the
Land Offer Agreement, and Lender is willing that the Offer shall, when recorded, constitute an
interest in the Property which is unconditionally prior and superior to the Deed of Trust and any
and all rights of Lender thereunder pursuant to all the terms and provisions of the Agreement.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties
hereto and other valuable consideration, the receipt and sufficiency of which consideration is
hereby acknowledged, City, Lender and Trustor hereby irrevocably and unconditionally agree as
follows:
1. (a) The Land Offer Agreement, and any and all present or future substitutions,
replacements, restatements, renewals, modifications, amendments or extensions (collectively,
"Modifications") thereof, shall unconditionally be and remain at all times prior and superior to
the Deed of Trust and any and all rights of Lender thereunder in respect of the University Site;
provided, however, no Modifications shall be effective against Lender without the further,
"'Titten consent of Lender to the extent any such Modifications materially increase the
obligations of Trustor under the Land Offer Agreement or materially reduce the benefits to
Trustor under the Land Offer Agreement and, in no event, shall any Modification which
increases the acreage of the University Site or modifies the location of the University Site be
effective against Lender without the prior written consent of Lender thereto.
(b) City represents and warrants that it would not execute and deliver the
Land Offer Agreement to and in favor of Trustor and the Tenants-in-Common without the
execution, delivery and recordation of this Agreement.
(c) This Agreement shall be the whole and only agreement with regard to the
subordination of the Deed of Trust to the Land Offer Agreement and shall supersede and cancel,
but only insofar as would affect the priority among the Deed of Trust and the Land Offer
Agreement, any prior agreements as to such subordination, including, but not limited to, those
provisions, if any, contained in the Deed of Trust, which provide, or may provide, for the
subordination of the lien or charge thereof.
2. Lender unconditionally and irrevocably declares and agrees, and specifically
acknowledges the express reliance of City thereon, that:
(a) Lender consents to and approves all provisions of the Land Offer
Agreement in the form presented to Lender as of the date of Lender's execution of this
Agreement;
(b) Lender, subject to all the terms and provisions of this Agreement,
intentionally and unconditionally subordinates the lien of the Deed of Trust with respect to the
University Site only, and any and all rights of Lender thereunder with respect to the University
Site only, in favor of the interest of City in the University Site under the Land Offer Agreement,
2
50091930v1
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and acknowledges that in reliance upon, and in consideration of, this subordination, City will
execute and deliver the Land Offer Agreement to and in favor of Trustor and the Tenants-in-
Common, it being expressly acknowledged and agreed by Lender that City has represented and
warranted that it would not execute and deliver the Land Offer Agreement without the execution
and delivery of this Agreement by Lender.
3. City unconditionally and irrevocably declares and agrees, and specifically
acknowledges the express reliance on Lender thereon, that:
(a) City approves all provisions of the Deed of Trust, solely to the extent the
same relate to the University Site, subject to the subordination of the Deed of Trust set forth in
this Agreement.
4. The subordination of the Deed of Trust in favor of City with respect to the
University Site granted by Lender pursuant to this Agreement, shall be limited to the University
Site and in no event shall such subordination extend to any other portion of the Property, or any
other real or personal property encumbered by the lien or charge of the Deed of Trust and such
subordination shall not extend to any reservations in favor of Trustor under the Land Offer
Agreement, or under any instrument or document delivered by Trustor in connection therewith.
5. Lender acknowledges and agrees that the subordination of its rights by and
pursuant to this Agreement are for the mutual benefit of Lender, Trustor and the City and have
been negotiated in recognition of the benefits to Trustor conferred by the execution and delivery
of the Land Offer Agreement by the City and after careful consideration by Lender of the impact
of such subordination upon its rights under or pursuant to the Deed of Trust. The subordination
of the Deed of Trust granted by Lender pursuant to this Agreement shall be effective only upon
approval of the Land Offer Agreement by City's city counsel in the form presented to Lender, as
described hereunder, and then only upon recordation of the Land Offer Agreement in the Official
Records of San Diego County.
6. No provision hereof may be waived, modified, amended, discharged or
terminated except by an instrument duly and validly executed by Lender, Trustor and City, and
then only to the extent expressly set forth in such instrument.
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50091930vI
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7. This Agreement shall be governed by and construed in accordance with California
law. This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute one and the same instrument.
"CITY"
CITY OF CHULA VISTA
By:
Its:
By:
Its:
50091930v2
"TRUSTOR"
NM HOMES TWO, INC., a Delaware
corporation, as successor-by-merger to NM
Homes Two, LLC, a rm Delaware limited
liability com
By:
Its:
Y~s;.;dQ",-t
"LENDER"
GUARANTY FEDERAL BANK, F.S.B.,
By:
a federal saving b
Its:
;el' Y.ce ?~~
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STATE OF CALIFORNIA
}
}
}
SS.
COUNTY OF
/..L C .-
On '-\('l/l' '" 2-7-, h....o-::- , before me, ,Je.v''''li\ I v<.!\A."eil... a notary public,
personally appeared CYLc..~{C::; j), :t-"."v, ,p~l'UIH1Hy
kne ..11 16 me, or proved to me on the basis of satisfactory evidence, to be the person(l() whose
name(i>) ist'are subscribed to the within instrument and acknowledged to me that heJsll.e/-t!.cy
executed the same in hislhllr/tI10H- authorized capacity(ies), and that by hislh0Fitaeir signature~)
on the instrument the person(w, or the entity upon behalf of which the personOO acted, executed
the instrument.
Witness my hand and official seal.
i-I Ii
Signature { Apcr-l..-lA IC LA ~
-
- - - - ~;.:; ~ - I
J ~ c.....1.1:...1092ll62 ~_
~ _ NcIlIyI'l.t*:-CaIarla ~
1_ _ _ ~~~~2a~ t
STATE OF CALIFORNIA
}
}
}
SS.
COUNTY OF
SAN DIEGO
On March 23. 2000 , before me, Rosalinda 1. Molin'} a notary public,
personally appeared **Srnrr T ~nY**' personally
known to me, or proved to me on the basis of satisfactory evidence, to be the person( s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
Witness my hand and official seal.
Sicrnature R~{lJ/\vv:UL ~\-t,,~
"
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------:;
1. ~:'I.S l
i -. ~Co<S11Y i
1 Micarm~~~3,~
- - - - - - -
5
50091930v2
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STATE OF CALIFORNIA
}
}
}
SS.
COUNTY OF
On , before me, , a notary public,
personally appeared , personally
known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s)
on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed
the instrument.
Witness my hand and official seal.
Signature
STATE OF CALIFORNIA
}
}
}
SS.
COUNTY OF
On , before me, , a notary public,
personally appeared ' personally
known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
Witness my hand and official seal.
Signature
6
50091930v2
ATTACHMENT 1
LETTER OF INTENT
.
This Letter of Intent is meant to be an expression of interest by NM Homes Two,
Inc., a Delaware corporation ("Developer") and the City of Chula Vista ("City") to enter into an offer
agreement (the "Offer Agreement") acceptable to the parties.
Title to the property which is the subject of the Development Agreement is presently
vested in separate legal entities. Developer is the owner of an undivided 66.67% interest in the
property. The remaining interest is owned by B III Capital Partners L.P., a Delaware Limited
Partnership, as to an undivided 3.145% interest, Otay Land Holdings, LLC, a Delaware Limited
Liability Company, as to an undivided 6.19% interest, Pearl Tech, LLC, as to an undivided 3.145%
interest, and MlO Holdings, LLC, a Delaware Limited Liability Company, as to an undivided
20.85% interest (collectively the "Minority Owners"). Developer is not authorized to bind the
Minority Owners, and execution of this Letter of Intent shall not be construed to imply agreement
or consent to any of the provisions contained herein by any of the Minority Owners until such
consent is obtained pursuant to paragraph l(ii). Developer and the Minority Owners shall be referred
to collectively as "Owner."
,
.
Although this Letter of Intent is not meant by the parties to be a legally binding
agreement, or an amendment to any existing agreement, it does contain some of the essential
principles that would form the basis of the Offer Agreement. This Letter of Intent also describes the
parties' understanding of the necessary preconditions for execution of the Letter of Intent and the
Offer Agreement and the offer and acceptance of dedication of certain land owned by Owner
described on Exhibit A attached hereto (the "Proposed University Property'') consisting of
approximately 536.9 acres upon which the City wishes to facilitate the development ofa facility for
higher education, such as a University of California campus, and other permitted uses described
below.
I. Subsequent Actions. Upon execution of this Letter of Intent by the City and
Developer, the City and Developer shall take the following actions:
(i) the City shall release and shall have recorded a reconveyance of the deed of
trust granted in favor of the City which encumbers the real property owned by Owner described in
Exhibit B attached hereto and which secures the performance of certain obligations set forth in that
certain Agreement to Convey Affordable Housing Site and Process Community Purpose Facilities
Site dated December I, 1994 between the City, Baldwin Builders and Otay Ranch, L.P.; and
(ii) Developer shall obtain the written consent of the Minority Owners to the
provisions of this Letter of Intent through execution ofan acknowledgment of this Letter of Intent
in counterparts by each Minority Owner.
.
The City shall not be required to release and reconvey the deed of trust described in (i) until the
Minority Owners' written consent is provided. The Minority Owners' consent shall be contingent
upon the City's release and reconveyance of the deed of trust within three (3) business days
following City's receipt of such consent.
05.\4-99 9060-00005
S;\172\9903000\.MS9
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II.
Entitlements.
Immediately upon execution of this Letter of Intent, City and Developer will
diligently and expeditiously process the Offer Agreement for City Council and Owner consideration
and final action within three months of such execution. Developer shall submit a pre-application for
some or all of the land use approvals, amendments and agreements described in subsections A
through C below (the "Entitlements"). City shall complete a review of the Developer's pre-
application for such Entitlements within three months following execution of this Letter of Intent
and subject to Owner's payment of the City's costs of such review. Upon City's and Owner's
execution of the Offer Agreement, City will diligently and expeditiously process the Entitlements
for City Council consideration and final action. The parties anticipate that the details of the
Entitlements described below will be defined in the Offer Agreement.
A. GDP Amendments. The Entitlements include Otay Ranch General
Development Plan ("GDP") amendments consisting of:
,
(i) modification of the Village 11 boundaries as depicted on Exhibit C
and described on Exhibit D attached hereto;
(ii) redesignation of the permitted land uses, densities and intensities of
development within Village 11 as described and depicted on Exhibit C and as further detailed in the
. Offer Agreement;
(iii) realignment of Hunte Parkway from its currently designated
alignment to the alignment depicted on Exhibit C;
\ (iv) realignment of Eastlake Parkway from its currently designated
alignment to the alignment depicted on Exhibit C;
(v) elimination of the High School site from Village 11, and location of
a Junior High School site within Village 11;
(vi) retention of the secondary permitted land uses, densities and
intensities of development set forth in the GDP for Villages 9 and 10, as reconfigured through the
proposed modification required for the University site; and
(vii) amendment to the Otay Ranch Village Phasing Plan to clarify that
implementation of the Entitlements, if approved by the City, (through and including recordation of
final maps and issuance of grading and improvement permits) shall be permitted at any time;
provided, however, such implementation shall be subject to Section 5.2 of the Development
Agreement, the other Entitlements and the City Growth Management Program and Ordinance (City
of Chula Vista Municipal Code, Ch. 19.09). . Notwithstanding the foregoing, no building permits
. shall be requested or issued within Village 11 until Completion of Construction of the Phases 1,2
05-14-99 9060-00005
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and 3 Olympic Parkway Improvements, as those terms are defined in the Agreement for Financing
and Construction of Olympic Parkway and Related Roadway Improvements by and among the City
of Chula Vista, McMillin Otay Ranch LLC, and Otay Project, LLC, dated April 20, 1999 (the
"Olympic Parkway Agreement"). City will use its best efforts to enforce the provisions of the
Olympic Parkway Agreement.
B. Sectional Planning Area and Subdivision Approval. The Entitlements include
a Sectional Planning Area ("SPA") Plan for Village 11, a Village 11 Design Plan, an update of the
Service Revenue Plan, a Village 11 Public Facility Financing Plan, a Village 11 SPA Master Plan
and tentative subdivision maps for Otay Ranch Village 11. The SPA and related actions shall
permit the development within Village 11 of not less than the number of single family detached units
and multi-family attached units and acres of commercial uses as conceptually shown on Exhibit E
and as further detailed in the Offer Agreement.
C. Development Agreement Amendments. The Entitlements include
amendments to the Restated and Amended Pre-Annexation Development Agreement between the
City and Baldwin Builders dated March 4, 1997 (the "Development Agreement") consisting of the
following: '
(i) Owner shall receive credit toward Owner's obligations for the
conveyance of land required by the Otay Ranch Conveyance Plan of the Otay Ranch Resource
Management Plan for the dedication of the open space within the Proposed University Property, as
depicted on Exhibit A;
(ii) City agrees not to impose on the Proposed University Property any
special taxes, assessments, fees, charges or other exactions prior to City acceptance of the offer of
dedication of such Property;
I (iii) Owner will not be required to fund, and the development of Owner's
property shall not be conditioned upon the funding or construction of public infrastructure required
to serve the Proposed University Property including, without limitation, streets, sanitary, sewer,
storm drain, water, park, open space, landscaping and dry utility facilities unless City provides
Owner with assurance of funding or reimbursement in a form acceptable to Owner; and
(iv) revisions required to incorporate and implement the Entitlements
described in paragraphs II. A and B.
D. Subarea Plan and Other Agency Approvals. City will diligently and
expeditiously process for final consideration and action by the appropriate agencies a Subarea Plan
of the San Diego Multi-Species Conservation Plan (the "MSCP") that includes Village 11 and an
ilpplementing Agreement with the USFWS with respect to the MSCP (the "MSCP Approvals").
E. City Reservation of Discretion and Compliance with Applicable Law. It is
understood that the City reserves the right to exercise its discretion as to all matters which the City
. is by law entitled or required to exercise its discretion with respect to the Entitlements and MSCP
05.14-99 9060-00005
S,\172\9903000I.MS9
3
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Approvals, including but not limited to, CEQA compliance and other similar laws. In addition, any
amendments and approvals processed for City Council approval will be subject to, and brought to
City Council for consideration in accordance with applicable legal requirements. Developer
understands and agrees that nothing herein shall be construed as to restrict the City's ability to
exercise its discretion as provided by the City's Growth Management Program and Ordinance (City
ofChula Vista Municipal Code, Ch. 19.09).
Ill. Offer of Dedication. Owner shall make an offer of dedication of the Proposed
University Property to the City (the "Offer") on the terms and conditions set forth below and as
further defined in the Offer Agreement.
A. The Offer shall be made only upon final approval of all of the Entitlements
and MSCP Approvals. The parties anticipate that the details with respect to the Offer will be defined
in the Offer Agreement.
B. The Offer will not be made if final approval of all of the Entitlements and
MSCP Approvals does not occur within period oftirne following execution ofthis Letter of Intent
to be specifi,ed in the Offer Agreement; provided, however, such perio'd shall be extended for the
length of tiIDe of any Permitted Delay, as defined in the Offer Agreement, not to exceed a total
period of Permitted Delays specified in the Offer Agreement.
.
C. The Offer shall be free and clear of all liens and encumbrances other than (i)
restrictions prohibiting use of the Proposed University Property for other than a Facility for higher
education, active public recreation and/or all other uses, except residential (the "Permitted Uses")
and (ii) easements and rights-of-way determined upon final approval of the Entitlements and MSCP
Approvals to be required for the development of Village 11 which do not materially interfere with
the intended use of the Proposed University Property for Permitted Uses.
D. , Prior to acceptance, the Offer shall be revoked and after acceptance, fee
simple title to the Proposed University Property shall revert to the Owner if all or any portion of the
Proposed University Property is used for purposes other than the Permitted Uses. The City shall
remove, at its sole cost and expense, all liens, encumbrances, easements and other matters of record
or otherwise that interfere with Owner's intended use of the Proposed University Property.
E. At all times prior to and following acceptance of the Offer, Owner shall
reserve the right to conduct habitat enhancement, creation and mitigation activities and create and
convey conservation easements within the designated open space areas of the Proposed University
Property as required to mitigate the impacts of development of the real property owned by Owner
or its designee, subject to the reasonable approval of the City and a determination by the City that
such activities or easements do not interfere with any easements required for a Permitted Use of the
P~oposed University Property. Under no circumstances shall such activities or easements preclude
use of the Proposed University Property for the Permitted Uses or require the City or its successors
in interest to incur any expense or liability arising from or relating to such activities or easements.
.
The parties are in agreement with the foregoing as indicated by their signatures
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below. The parties agree that any modifications from the principles expressed herein will be in
writing and signed by the parties. The signatory below for the City and each of the entities
collectively referred to as Owner in this Letter of Intent represents having the authority to act on
behalf of such party and entity. Owner understands that the Offer Agreement and any other
agreements required to implement this Letter of Intent will require the approval of the City Council.
THE CITY OF CHULA VISTA
NM HOMES TWO, INC., a Delaware
corporation
~~f2;.r~
David ~. Rowlands, Jr.
City Manager of the City of Chula Vista
By: L'5c /J1~
v
Name: Jack L. McDonald
Title: President & CEO
,
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