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Home My WebLink AboutAgenda Packet 2000/04/11 CITY COUNCIL AGENDA April 11, 2000 ~r 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista CHY OF CHULA VISTA 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 Chnla Vista Cable Channel 47 AGENDA "1 c'n'"'::~1re W"l",-::'" r--~"."." C'-~ -""'~"-~"" .to-,...,,,: , em em./o:,cJ 0..' i.' l_J OJ <...,,;' 1 ;;'1,.,9 0, .:co ol'~~'[e i ,': :::.~1 . ~ :";'~ APRIL 11,2000 t~:is r.' :~':n ,,1 '1 '". . '1 :;;t ~:r~~;:~/Oo/ib~'v -SIGi~'~.; c," n. i,q i on , 6:00 P.M. .. CALL TO ORDER ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . EMPLOYEE RECOGNITION A WARD OF THE MONTH - GREG PICKETT, CRIME ANALYST. A PROCLAMATION WILL BE PRESENTED BY MAYOR HORTON . A PROCLAMATION WILL BE PRESENTED TO BRITT BERRETT, CEO OF SHARP CHULA VISTA MEDICAL CENTER, FOR HIS COMMUNITY SERVICE TO THE CITY OF CHULA VISTA . A PROCLAMATION WILL BE PRESENTED PROCLAIMING THE WEEK OF APRIL 10 THROUGH APRIL 14 AS TELECOMMUNICATIONS WEEK . OATH OF OFFICE: LmRARY BOARD OF TRUSTEES - SANDRA PASQUA . OATH OF OFFICE: CIVIL SERVICE COMMISSION - WILLIAM VEAL . OATH OF OFFICE: CULTURAL ARTS COMMISSION - CHRISTOPHER REDO . OATH OF OFFICE: COMMISSION ON AGING - ALVA ROBERSON . OATH OF OFFICE: MILLIKIN VETERAN'S ADVISORY COMMISSION - STEPHEN . OATH OF OFFICE: INTERNATIONAL FRIENDSHIP COMMISSION - LOURDES SEVILLA 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. Page 1 - Council Agenda 04/11/2000 AGENDA APRIL 11, 2000 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, Moot, Padilia, Salas, and Mayor Horton. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · EMPLOYEE RECOGNITION AWARD OF THE MONTH F GREG PICKETT, CRIME ANALYST. A PROCLAMATION WILL BE PRESENTED BY MAYOR HORTON · A PROCLAMATION WILL BE PRESENTED TO BRITT BERRETT, CEO OF SHARP CHULA VISTA MEDICAL CENTER, FOR HIS COMMLrNITY SERVICE TO THE CITY OF CHULA VISTA · A PROCLAMATION WILL BE PRESENTED PROCLAIMING THE WEEK OF APRIL 10 THROUGH APRIL 14 AS TELECOMMUNICATIONS WEEK · OATH OF OFFICE: LIBRARY BOARD OF TRUSTEES - SANDRA PASQUA · OATH OF OFFICE: CIVIL SERVICE COMMISSION - WILLIAM VEAL · OATH OF OFFICE: CULTURAL ARTS COMMISSION - CHRISTOPHER REDO · OATH OF OFFICE: COMMISSION ON AGiNG - ALVA ROBERSON · OATH OF OFFICE: VETERAN'S ADVISORY COMMISSION - STEPHEN MILLIKIN · OATH OF OFFICE: INTERNATIONAL FRIENDSHIP COMMISSION - LOURDES SEVILLA 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. Page 1 ~ Council Agenda 04/11/2000 1. ORDiNANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROViNG AN AMENDMENT TO SECTION IV.2(A) OF THE EASTLAKE II PLANNED COMMUNITY DISTRICT (CONTINUED FROM THE MEETiNG OF MARCH 21, 2000 - SECOND READING AND ADOPTION) On November 16, 1999, a public hearing was held to consider amendments to the EastLake II Planned Community District Regulations to incorporate 108 acres of research and limited manufacturing as BC-1, Business Center Manufacturing Park District, into the Land Use District Maps, to amend Section IV.2A, Property Development Standards, allowing an increase in building height for certain lots, and to establish special building setbacks and buffer requirements for certain lots abutting residential land use districts. At the public heating, staff discussed the need for clarification in the Property Development Standards. The purpose of this ordinance amendment is to incorporate the language. that was discussed at the November 16, 1999 public heating in order to clarify the Council's intent when originally adopting the District Regulations for Business Center II. Staff recommendation: Council place the Ordinance on second reading for adoption: (Director of Community Development) 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD iN SAID CITY ON MARCH 7, 2000, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW The Registrar of Voters has transmitted the certified results of the General Municipal Election held on March 7, 2000. Elections Code Section 15372 requires the City Clerk, as the elections official, to transmit the certified results to the City Council. Elections Code Section 15400 requires the City Council to declare the results of the election. The proposed resolution contains the official results as reported by the Registrar of Voters. Staff recommendation: Council adopt the resolution. (City Clerk) 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATiNG UNANTICIPATED REVENUES IN THE AMOUNT OF $41,120 FROM THE STATE OFFICE OF TRAFFIC SAFETY FOR THE PURCHASE OF EIGHT HANDHELD RADAR LASERS, ONE SPEED ENFORCEMENT TRAILER AND MISCELLANEOUS TRAFFIC-RELATED EQUIPMENT FOR THE SERIOUS TRAFFIC OFFENDERS PROGRAM (4/5THS VOTE REQUIRED) The Office of Traffic Safety (OTS) has approved amendments to the City's Serious Traffic Offenders Program (STOP) grant. The Office of Traffic Safety will fund the City a total of $41,120 for the purchase of speed enforcement equipment, including eight handheld laser radar guns, one speed enforcement trailer, and miscellaneous traffic enforcement equipment. Staff recommendation: Council adopt the resolution. (Chief of Police) Page 2 - Council Agenda 04/11/2000 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATiNG $30,709 FROM THE AVAILABLE FUND BALANCE iN THE GENERAL FUND FOR A WIRELESS NETWORK FOR REMOTE FIRE STATIONS (4/5THS VOTE REQUIRED) The remote Fire Stations (Stations 2-6) currently use Integrated Services Digital Network (ISDN) lines to connect to the City's Computer Aided Dispatch System at a cost of about $17,000 per year. The requested funds will be used to purchase a "wireless" network to connect the remote Fire Stations, thereby eliminating the yearly ISDN line charges from the operating budget. Staff recommendation: Council adopt the resolution. (Director of Management and Information Services) 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTiNG BIDS AND AWARDiNG CONTRACT FOR THE "CROSS GUTTER INSTALLATION AT SECOND AVENUE AND MADRONA STREET (SOUTH SIDE) IN THE CITY OF CHULA VISTA, CALIFORNIA (STL-240)" PROJECT On February 23, 2000, the Director of Public Works received sealed bids for this project. The work to be done consists of installation of a Portland cement concrete (PCC) cross gutter, pedestrian ramps, and the removal and replacement of asphalt concrete pavement, PCC curbs, gutters, and sidewalks on the south side of Madrona Street and Second Avenue. Staff recommendation: Council adopt the resolution and award the contract for the project to Jimenez, Inc. dba MJC Construction of Chula Vista, California, for $50,832.00. (Director of Public Works) 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDiNG A PURCHASE AGREEMENT IN THE AMOUNT OF $184,707.21 FOR TWO 12-CUBIC YARD DUMP TRUCKS TO E-W TRUCK & EQUIPMENT COMPANY, INC. The Fiscal Year 1999/2000 equipment maintenance budget provides for the replacement of one 12-cubic yard dump truck. The sewer facilities replacement budget provides for the purchase of one additional 12-cubic yard dump truck for the sewer maintenance division. The bid was advertised in the Chula Vista Star News on March 4, 2000 and opened on March 14, 2000. In addition, eight potential bidders were contacted with four responding. There were no local vendors for trucks of this size. Staff recommendation: Council adopt the resolution. (Director of Public Works) 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA VACATiNG AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST TO THE CITY OF CHULA VISTA OVER LOT "A" OF CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 2, UNIT NO. 9, MAP NO. 13742 Page 3 - Council Agenda 04/11/2000 Pacific Bay Properties, a California Corporation, formerly known as Pacific Bay Homes, a California Corporation, wishes to process a summaW vacation for the existing Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista over Lot "A" of Map No. 13742 and grant a new Offer of Dedication for said lot in order to facilitate a boundary adjustment between Lot "A" and the adjacent residential parcel, In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said vacation. Staff recommendation: Council adopt the resolution. (Director of Public Works) 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA VACAT1NG AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST TO THE CITY OF CHULA VISTA OVER LOT "B" OF MAP NO. 13500, CHULA VISTA TRACT NO. 92~02, SALT CREEK RANCH, NEIGHBORHOOD 2, UNIT NO. 1 Pacific Bay Properties, a California Corporation, formerly known as Pacific Bay Homes, a California Corporation, wishes to process a summary vacation for the existing Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista to clear the title for Lot "B" of Map No. 13500. In accordance with Section 7050 of the Califomia Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution. Staff recommendation: Council adopt the resolution. (Director of Public Works) 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. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. 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 ADOPTION OF THE FOUR-YEAR TRANSNET LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2000/2001 THROUGH 2003/2004 AND APPROVAL OF THE SUBMITTAL OF CHULA VISTA'S TRANSPORTATION IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM Page 4 - Council Agenda 04/11/2000 · '! r SANDAG is required by state and federal law to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years. The 1998-2004 RTIP, a six-year program of proposed major highway, arterial, transit, and bikeway projects including the TransNet Program of Projects, was adopted by the SANDAG Board on July 24, 1998. As a result of Senate Bill 45, the RTIP process has been revised from a six- year program to a four-year program. The 2000-2004 RTIP covers the same period as the last four years of the 1998-2004 RTIP. The annual development and approval of the RTIP by SANDAG are requirements for the continued receipt of state and federal transportation project funding. The "Proposition 'A' TransNet Transportation Improvement Program - Ordinance and Expenditure Plan" also requires that all proposed projects funded with TransNet funds be included in the RTIP. Chula Vista's proposed four-year program involves the programming of $15,095,000 in projected TransNet revenue. Staff recommendation: Council conduct the public heating and adopt the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE FOUR-YEAR TRANSNET LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2000-2001 THROUGH 2003-2004 AND APPROVING THE SUBMITTAL OF CHULA VISTA'S TRANSPORTATION IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP). (Director of Public Works) 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. 10A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A MAINTENANCE LEVEL FOR CITY PARKS AND OTHER PROPERTY AND A COMMENSURATE STAFF/ACREAGE RATIO FOR RECENT AND FUTURE PARK DEVELOPMENT AND OTHER CITY PROPERTIES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A POLICY TO CONTRACT OUT MAINTENANCE OF LANDSCAPED MEDIANS AND SLOPES CURRENTLY MAINTAINED BY CITY CREWS AND AMENDING THE FISCAL YEAR 1999/2000 PUBLIC WORKS DEPARTMENT BUDGET BY APPROPRIATING $9,080 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR BEGINNING MAY 1 (4/5THS VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A POLICY TO CONTRACT OUT MAINTENANCE OF SMALL POCKET PARKS FOR EXISTING AND FUTURE PARKS AND AMENDING THE FISCAL YEAR 1999/2000 PUBLIC WORKS DEPARTMENT BUDGET BY APPROPRIATING $10,998 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR BEGINNING MAY 1 (4/5THS VOTE REQUIRED) Page 5 - Council Agenda 04/l 1/2000 D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 PUBLIC WORKS DEPARTMENT BUDGET BY TRANSFERRING $31,283 FROM THE PARK MAINTENANCE SECTION SALARY SAVINGS FOR THE REMAINDER OF THE CURRENT FISCAL YEAR BEGINNING MAY 1 AND APPROVING ADDITIONAL STAFF AND SUPPLIES FOR THE PARKS MAINTENANCE SECTION OF PUBLIC WORKS (4/5THS VOTE REQUIRED) E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999/2000 PUBLIC WORKS DEPARTMENT BUDGET BY APPROPRIATING $15,367 FROM THE UNAPPROPRIATED FUND BALANCE OF THE CORP YARD DIF FUND AND APPROPRIATING $62,464 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND AND APPROVING THE PURCHASE OF ADDITIONAL EQUIPMENT (4/5THS VOTE REQUIRED) The Parks Maintenance Section is currently experiencing a staffing and equipment shortage due to budget reductions in the mid-1990's and the additional mt(~ntenance responsibility for new parks, landscaped medians and other city property. This has impacted the section's ability to provide desired maintenance levels. Furthermore, there are several new parks in the planning and construction stages in the Rancho Del Rey SPA III, Rolling Hills Ranch, EastLake, and Otay Ranch Villages 1 and 5 developments that will be turned over to the City in the next five years, thereby exacerbating the staffing shortage. Staff recommendation: Council adopt the resolutions. (Director of Public Works) 11. CONSIDERATION OF APROVAL OF CHANGING THE NAME OF A PORTION OF CORDOVA DRIVE TO VERANO DRIVE A problem with addressing on Cordova Drive in Rancho Del Rey Spa III was brought to City staffs attention on August 26, 1999. In order to correct this problem, staff proposes to change the street name of the portion of Cordova Drive south of East "J" Street to Verano Drive. Codova Drive is an existing public street and, therefore, requires Planning Commission/City Council action to change the name. Staff recommendation: Council adopt the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE NAME CHANGE OF A PORTION OF CORDOVA DPdVE TO VERANO DRIVE. (Director of Public Works) 12. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING THE FISCAL YEAR 1999-2000 BUDGET TO (A) ADD POSITIONS TO THE PLANNING & BUILDING AND COMMUNITY DEVELOPMENT DEPARTMENTS AND THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT AND (B) DIRECTING STAFF TO INITIATE A COMPREHENSIVE UPDATE OF THE CITY'S GENERAL PLAN (4/5THS VOTE REQUIRED) Page 6 - Council Agenda 04/11/2000 The General Plan provides the long-term blueprint for the physical development of the City, typically covering a twenty-year period. A comprehensive update of the General Plan is needed at this time. This update will also provide an excellent opportunity to communicate with citizens regarding progress made since the last General Plan update in 1989, and to hear how they want their neighborhoods and the City as a whole to develop in the future. Staff recommendation: Council adopt the RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1999-2000 BUDGETS OF THE PLANNING AND BUILDING DEPARTMENT TO ADD A GENERAL PLAN PROJECT MANAGER POSITION, THE COMMUNITY DEVELOPMENT DEPARTMENT TO ADD A SENIOR PLANNER POSITION, AND THE ENGINEERING DIVISION OF PUBLIC WORKS TO ADD A CIVIL ENGINEER (TRANSPORTATION PLANNER) POSITION, ALL TO BE FUNDED THROUGH SALARY SAVINGS, AND APPROPRIATING $19,100 FROM THE AVAILABLE FUND BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR RELATED EQUIPMENT AND DIRECTING STAFF TO INITIATE THE COMPREHENSIVE UPDATE OF THE CITY OF CHULA VISTA GENERAL PLAN. (Director ofPlanning and Building) 13. CONSIDERATION OF ADOPTION OF A RESOLUTION AUTHORIZING THE MAYOR TO ENTER A LAND OFFER AGREEMENT WITH NM HOMES TWO, INC., ET AL, FOR CONVEYANCE OF 536.9 ACRES TO THE CITY FOR UNIVERSITY PURPOSES (CONTINUED FROM THE MEETING OF MARCH 28, 2000) 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, ifNM 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 AUTHORIZING THE MAYOR TO ENTER A LAND OFFER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND NIVI HOMES TWO, INC., ET AL, FOR CONVEYANCE OF 536.9 ACRES. (Director of Planning and Building) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 14. CITY MANAGER'S REPORTS A. Scheduling of meetings. 15. MAYOR' S REPORTS 16. COUNCIL COMMENTS Page 7 - Council Agenda 04/11/2000 · ir CLOSED SESSION ~_ 7. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B) · One Case ADJOURNMENT to the Regular Meeting of April 18, 2000, at 6:00 p.m. in the Council Chambers. Page 8 - Council Agenda 04/11/2000 CI'IY OF CHULA VISTA MEMORANDUM April 6, 2000 To: The Honorable Mayor and City Cou2il From: David D. Rowlands, Jr., City Manager Subject: Council Meeting of April 11,2000 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, April 11,2000. There are no Written Communications on this agenda. DDR:mab DINANCE NO. ,~, WHEREAS, in November 1999, at a duly noticed public hearing, the City Council of the City of Chula Vista adopted Ordinance 2803 and established Property Development Standards that allowed for an increase in building heights for certain lots in Eastlake Business Center II; and WHEREAS, during that public hearing staff presented to the City Council of the City of Chula Vista a suggested clarification of the wording of Section IV.2 (A) of the Eastlake II Planned District Regulations adopted by Ordinance 2803, which provided for a physical separation between residential development and potential future industrial development; and WHEREAS, Section IV.2 (A) of the Eastlake II Planned District Regulations is being amended to clarity the City Council's intent when originally adopting the District Regulations for Business Center II; and WHEREAS, the City Council of the City of Chuia Vista has previously reviewed, analyzed, considered, and adopted Mitigated Negative Declaration IS-00-03; NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: _ SECTION 1: That Section IV.2 (A) footnote (3) of the Eastlake II Planned District Regulations is hereby amended as shown on Exhibit "A", aftached hereto and incorporated herein by reference as if set forth in full. SECTION 2: EFFECTIVE DATE This amendment shall become effective 30 days after its adoption. Presented by Approved as to form by John M. Kaheny Chris Salemone City Attorney Director of Community Development H:\shared\commdev\eastlake ordinance COUNCIL AGENDA STATEMENT Item No. ~ Meeting Date 04/11/00 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON MARCH 7, 2000, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW SUBMITTED BY: Susan Bigelow, CMC/AAE, City Clerk SUMMARY: The Registrar of Voters has transmitted the certified results of the General Municipal Election held on March 7, 2000. Elections Code Section 15372 requires the City Clerk, as the elections official, to transmit the certified results to the City Council Elections Code Section 15400 requires the City Council to declare the results of the election. The proposed resolution contains the official results as reported by the Registrar of Voters. RECOMMENDATION: Council adopt the resolution. DISCUSSION: The General Municipal Election was held on March 7, 2000, to select two (2) Members of the City Council to fill Seats 3 and 4 for full terms commencing in December 2000. In addition, on November 16, 1999, the City Council approved the recommendations of the Charter Review Commission to place Charter amendment measures on the ballot to modify Section 1009 relating to design-build regulations and to make changes to Sections 302 and 304(c) to adjust the salary received by Councilmembers and adjust the Mayor's salary based on a percentage of the salary of a Judge of the Superior Court. The certified results of the March 7, 2000 election have now been received from the Registrar of Voters, and the results are as follows: Total Number ofRegistered Voters: 71,383 Total Number of Votes Cast: 34,864 (48.84%) Seat #3: Total Votes Percentage of Votes Cast Jerry Rindone 11,000 36.79 Michael Diaz 4,217 14.10 John McCann 3,946 13.20 Steve Castaneda 3,067 10.26 Marco Polo Cortes 2,604 8.71 Virgil Pina 1,855 6.20 J,R. Chantengco 1,648 5.51 Greg Alabado 1,066 3.56 Karl Kurtz 499 1.67 Seat #4 Mary Salas 16,517 66.17 Richard Gonzales 8,443 33.83 YES NO Proposition A: Mayor's Salary 15,383 / 50.70% 14,957 / 49.30% Proposition B: Design/Build 17,370 / 57.32% 12,931 / 42.68% Elections Code Section 15372 requires the City Clerk, as the elections official, to transmit the certified results to the City Council. Elections Code Section 15400 requires the City Council to declare the results of the election. Adoption of the attached resolution, containing the official results, will declare Mary Salas to be elected to Seat 4, schedule a run-off election between Jerry Rindone and Mike Diaz on November 7, 2000, and declare the passage of both Charter amendments, Propositions A and B. FISCAL IMPACT: None. Rev! 5ed .5eC+/Ot1S 7,8,94/0 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON MARCH 7, 2000, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW WHEREAS, a general municipal election was held and conducted in the City of Chula Vista, California, on Tuesday, March 7,2000, as required by law, for the purpose of electing members of the City Council to Seats 3 and 4 for a full term of four years each and for submitting two proposed Charter amendments to the electorate; and WHEREAS, notice of said election was duly and regularly given in the time, form, and manner as provided by law; and in all respects said election was held and conducted and the votes cast thereat, received and canvassed, and the returns made and declared in the time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS, pursuant to Resolution No. 19672 adopted November 30, 1999, the election was consolidated with the Statewide primary election, and the Registrar of Voters canvassed the returns of said electiQn and has certified the results to this City Council. The results are received and made a part hereof, attached as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve, declare, determine, and order as follows: SECTION I: There were 85 voting precincts established for the purpose of holding said election consisting of the regular election precincts in said City as established for the holding of state and county elections. SECTION 2. The whole number of votes cast in said City was 34,864. SECTION 3: The names of the Nominees for Seat 3 were: Jerry Rindone, Michael Diaz, John McCann, Steve Castaneda, Marco Cortes, Virgil Pina, J. R. Chantengco, Greg Alabado, and Karl Kurtz. SECTION 4: The names of the Nominees for Seat 4 were: Mary Salas and Richard Gonzales. SECTION 5: The City Council does hereby declare Mary Salas as elected to Seat 4, to be sworn into office at the first meeting of the City Council held in December 2000. SECTION 6: The City Council does hereby declare that Jerry Rindone and Mike Diaz, neither of whom received 50 percent plus one vote of the total votes cast, will face a runoff election scheduled for November 7, 2000. SECTION 7: The City Council does hereby also declare that Proposition A, a Charter amendment to modify Sections 302 and 304(c) to adjust the salary received by Councilmembers and adjust the Mayor's salary based on a percentage of the salary of a Judge of the Superior Court, was passed by the voters. SECTION 8: The City Council further declares that Proposition B, a Charter amendment to modify Section 1009 relating to design-build regulations, was also passed by the voters. SECTION 9: The number of votes given at each precinct and the number of votes given in the City to each of the persons above named for Seats 3 and Seat 4 for which the persons were candidates, and for Propositions A and B, are as listed in Exhibit A, attached. SECTION 10: The City Clerk shall enter on the records ofthe City Council of the City of Chula Vista a statement of the results of the election, showing the whole number of votes cast in the City, the names of the persons voted for, for what office each person was voted for, the number of votes given in the City to each person, and the number of votes given for each Charter amendment. Presented by Approved as to form by ~lU.d-Lr~.J..ur- Susan Bigelow, CMC/AAE City Clerk ~~~~ John M. Kaheny City Attorney PASSED, APPROVED AND ADOPTED by the City Council of the City of Chula Vista, California, this 11 th day of April, 2000, by the following vote: AYES: NAYES: Councilmembers: Councilmembers: ABSENT: Councilmembers: Shirley Horton, Mayor ATTEST: Susan Bigelow, CMC/ AAE, City Clerk RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD IN SAID CITY ON MARCH 7, 2000, DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS ARE PROVIDED BY LAW WHEREAS, a general municipal election was held and conducted in the City of Chula Vista, Califomia, on Tuesday, March 7, 2000, as required by law, for the purpose of electing members of the City Council to Seats 3 and 4 for a full term of four years each; and WHEREAS, notice of said election was duly and regularly given in the time, form, and manner as provided by law; and in all respects said election was held and conducted and the votes cast thereat, received and canvassed, and the returns made and declared in the time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS, pursuant to Resolution No. 19672 adopted November 30, 1999, the election was consolidated with the Statewide primary election, and the Registrar of Voters canvassed the returns of said election and has certified the results to this City Council. The results are received and made a part hereof, attached as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve, declare, determine, and order as follows: SECTION 1: There were 85 voting precincts established for the purpose of holding said election consisting of the regular election precincts in said City as established for the holding of state and county elections. SECTION 2. The whole number of votes cast in said City was 34,864. SECTION 3: The names of the Nominees for Seat 3 were: Jerry Rindone, Michael Diaz, John McCann, Steve Castaneda, Marco Cortes, Virgil Pina, J. R. Chantengco, Greg Alabado, and Karl Kurtz. SECTION 4: The names of the Nominees for Seat 4 were: Mary Salas and Richard Gonzales. SECTION 5: The number of votes given at each precinct and the number of votes given in the City to each of the persons above named for Seats 3 and Seat 4 for which the persons were candidates are as listed in Exhibit A, attached. ! I[ SECTION 6: The City Council does hereby declare Mary Salas as elected to Seat 4, to be swom into office at the first meeting of the City Council held in December 2000. SECTION 7: The City Council does also declare that Jerry Rindone and Mike Diaz, neither of whom received 50 percent plus one vote of the total votes east, will face a vanoff election scheduled for November 7, 2000. SECTION 8: The City Clerk shall enter on the records of the City Council of the City of Chula Vista a statement of the results of the election, showing the whole number of votes cast in the City, the names of the persons voted for; for what office each person was voted for; and the number of votes given in the City to each person. Presented by Approved as to form by Susan Bigelow, CMC/~ Jotre" Kaheny City Clerk . PASSED, APPROVED AND ADOPTED by the City Council of the City of Chula Vista, Califomia, this 11th day of April, 2000, by the following vote: AYES: Councilmembers: NAYES: Councilmembers: ABSENT: Councilmembers: Shirley Horton, Mayor ATTEST: Susan Bigelow, CMC/AAE, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. was dul passed, approved and adopted by the City Council at a regular meeting held on the 1 lt~'day of April, 2000. Executed this day of April, 2000. Susan Bigelow, CMC/AAE, City Clerk EXHIBIT A O ~ ~ oz ~s ............................................... COUNCIL AGENDA STATEMENT Item: Meeting Date: 4/11/00 ITEM TITLE: Resolution Amending the FYI 1999/00 Budget and Appropriating Unanticipated Grant Revenues in the amount of $41,120 to purchase eight Radar Lasers, one Speed enforcement trailer and miscellaneous traffic related equipment for the Serious Traffic Offenders Program SUBMITTED BY: Chief of Polic~?,(~'/ REVIEWED BY: City Manag~ (4/5ths Vote: Yes X No__ ) The Office of Traffic Safety (OTS) has approved amendments to the Sedous Traffic Offenders Program (STOP) grant in the City of Chula Vista. The Office of Traffic Safety will fund the City of Chula Vista a total of $41,120 for the purchase of speed enforcement equipment including, eight handheld laser radar guns, one speed enforcement trailer, and miscellaneous traffic enforcement equipment. RECOMMENDATION: That the City Council amend the FY 99/00 Budget and appropriate unanticipated grant revenues in the amount of $41,120 to the Police Department for the purchase of speed equipment for the Serious Traffic Offenders Program. BOARDS/COMMISSIONS RECOMMENDATION: The Traffic Safety Commission supports the Serious Traffic Offenders' Program. BACKGROUND: On December 1, 1998, the Chula Vista Police Department's Traffic Division received a $342,313 grant from the Office of Traffic Safety (OTS) to create the Serious Traffic Offenders Program (STOP). The objectives of STOP are to reduce the number of injury and fatal traffic collisions, hit and run accidents and other traffic related occurrences associated with unlicensed drivers' and subjects driving on suspended or revoked drivers' licenses. DISCUSSION: To increase the effectiveness of STOP, additional funds were requested. from OTS to purchase eight handheld laser radar guns for speed enforcement. Additionally, funds were requested to purchase a speed trailer equipped with a statistical computer package for traffic enforcement and speed surveys. The radar lasers will enhance the traffic officers ability to detect speeding motorists and to enforce posted speed limits. During the traffic contact, officers will also be able to determine the driver license status. If the driver is unlicensed or has a suspended and/or revoked driver license the vehicle will be subject to impound. Those who are driving while unlicensed or on a suspended status are commonly stopped for speed related offenses. Laser radar holders equipped with a locking mechanism are also an essential piece of equipment to purchase. Along with the lasers, the holders allow the officer the ability to COUNCIL AGENDA STATEMENT Page 2, Item: ~ Meeting Date: 411 1/00 properly house and secure the laser in order to pursue a traffic offender. Holders will prevent costly damage to the lasers and theft of the equipment. The speed trailer allows the city to obtain the necessary information required for speed surveys by parking the trailer in a specific location and allowing the trailer to gather the survey information instead of utilizing personnel. The trailer also acts as a deterrent to drivers by measuring their speed and exhibiting it on the trailer display board. The traffic division conducted tests on different handheld lasers and found Pro Laser III manufactured by Kustom Signal Inc. has the features necessary for the traffic unit. The Pro Laser III is the smallest, most compact and lightest of all the lasers. The Kustom laser is the most technically advanced to date. The laser beam projected by the Kustom Pro Laser III is not affected once locked onto a vehicle target by objects passing between the vehicle and the laser. Lasers manufactured by other companies are affected resulting in the loss of the offender's speed. The Pro Laser III is battery operated and comes with an additional charge cord. The issue of the admissibility of the Kustom Pro Laser Ill was litigated by the City in the Superior Court where the court held that the laser is generally accepted by the scientific community to determine vehicle speed. The decision is binding in all judicial districts in San Diego County. The speed trailer by Kustom is one of the most technically advanced on the market. OTS requires the trailer to have a statistical package to assist with surveying problem areas within the city. The SMART Traffic Statistics package that comes with the unit fits all the requirements by OTS. The trailer is also fitted with an axle lock to prevent theft of the unit. The speed trailer comes with a large speed display for easy reading and high visibility to passing motorist. Fiscal Impact: This proposal will increase the Police Department operating budget by $41,120, authorizing the expenditure of new grant funds for traffic control equipment. RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING UNANTICIPATED REVENUES IN THE AMOUNT OF $4'1,120 FROM THE STATE OFFICE OF TRAFFIC SAFETY FOR THE PURCHASE OF EIGHT HANDHELD RADAR LASERS, ONE SPEED ENFORCEMENT TRAILER AND MISCELLANEOUS TRAFFIC RELATED EQUIPMENT FOR THE SERIOUS TRAFFIC OFFENDERS PROGRAM. WHEREAS, On January 10, 2000 the State office of Traffic Safety gave the Chula Vista Police Department's Serious Traffic offenders Program an additional $41,120 to purchase eight hand held laser radar guns, a Speed Enforcement Trailer and miscellaneous traffic enforcement equipment; and, WHEREAS, the lasers will assist traffic officers in enforcing speed laws and locating drivers who are driving while unlicensed and/or on a suspended or revoked status; and, WHEREAS, the lasers will increase the efficiency of the Serious Traffic Offenders Program resulting in a greater number of unlicensed and suspended drivers being taken off Chula Vista city streets. WHEREAS, the addition of newer and more sophisticated lasers will assist the Police Department Traffic Bureau in reducing the number of speed violators resulting in fewer vehicle and pedestrian collisions. WHEREAS, the speed trailer will serve as a deterrent to motorist by exhibiting their speed on the trailers display board; and, WHEREAS, the speed trailer will assist the Chula Vista City Engineering Department with speed surveys by utilizing the trailer's onboard computer to gather the necessary statistical information instead of utilizing a city employee; and, WHEREAS, there is no cost to the general fund as the lasers will be paid for by funds from the State Office of Traffic Safety. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista City Council does hereby appropriate unanticipated revenues in the amount of $41,120 from the State Office of Traffic Safety for the purchase of (8) Kustom Pro Laser III Lasers, a Kustom Speed Trailer equipped with a statistical package and miscellaneous traffic related equipment to improve the efficiency of the Serious Traffic Offenders Program and Traffic Division. Pre nted by: Approved as to form by: Richard P. Emerson ey (,/~ Chief of Police COUNCIL AGENDA STATEMENT 4 Item Meeting Date 04/11/00 ITEM TITLE: RESOLUTION Appropriating $30,709 from the available fund balance in the General Fund for a wireless network for remote Fire stations. REVIEWED BY: (4/5ths Vote: Yes X No ) The remote Fire Stations (Stations 2-6) currently use Integrated Services Digital Network (ISDN) lines to connect to the City's Computer Aided Dispatch System at a cost of about $17,000 per year. The requested funds will be used to purchase a "wireless" network to connect the remote Fire Stations, thereby eliminating the yearly ISDN lines charges from the operating budget. RECOMMENDATION: That Council adopt the resolution appropriating $30,709 from the available fund balance in the General Fund. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The remote Fire Stations (Stations 2-6) currently use Integrated Services Digital Network (ISDN) lines to connect to the City's Computer Aided Dispatch System for receiving run-ticket information and tone codes on calls being dispatched to them as well as to the City's local area network for generating their California Fire Incidents Reports (CFIRS), e-mail and other related items. Since these lines are used by the Fire Department to communicate to the CAD system, they must be active and available 7 days per week/24 hours per day. Using ISDN lines to connect to City Hall costs about $17,000 per ye:ar, which is paid for from the Fire Department's Operating budget. In addition to saving money each year in the operating budget, the Fire Department will see increased speed and faster response times when communicating with City Hall By purchasing this equipment and operating a "wireless" network, all charges for the ISDN lines will be eliminated thereby saving $17,000 each year. The total cost of the system being proposed is $30,709. This amount offsets the 1S DN line costs of $17,000 per year for a payback of 21 months. FISCAL IMPACT: The cost is $30,709 for the equipment, installation and applicable sales tax. This cost will be offset by the elimination of the 1SDN line costs of $17,000 per year form the Fire Department budget, but initial funding will be from General Fund Reserves. · 'I r RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $30,709 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND FOR A WIRELESS NETWORK FOR REMOTE FIRE STATIONS WHEREAS, the remote Fire Stations (Station 2-6) currently use Integrated Services Digital Network (ISDN) lines to connect to the City' s Computer Aided Dispatch System at a cost of about $17,000 per year; and WHEREAS, the requested funds will be used to purchase a "wireless" network to connect the remote Fire Stations, thereby eliminating the yearly ISDN line charges from the operating budget; and WHEREAS, in addition to saving money each year in the operating budget, the Fire Department will see increased speed and faster response times when communicating with City Hall. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby appropriate $30,709 from the available fund balance in the General Fund for a wireless network for remote Fire Stations. Presented by Approved as to form by Louie Vignapiano, Director of John M. Ki~, City Atto~ey Management and Information Systems H: \home\attorney\reso\network. fd COUNCIL AGENDA STATEMENT Item ~ Meeting Date: 4/11/00 ITEM TITLE: Resolution Accepting bids and awarding contract for the "Cross Gutter Installation at Second Avenue and Madrona Street (south side) in the City of Chula Vista, California (STL-240)" Project SUBMITTED BY: Director of Publ' Work~/y~/ REVIEWED BY: City Manag~)F (4/5ths Vote: Yes No X) On February 23, 2000, the Director of Public Works received sealed bids for the "Cross Gutter Installation at Second Avenue and Madrona Street (south side) in the City of Chula Vista, California (STL-240)" Project. The work to be done consists of installation of a Portland Cement Concrete (PCC) cross gutter, pedestrian ramps, and the removal and replacement of Asphalt Concrete (AC) pavement, PCC curbs, gutters, sidewalks, on the south side of Madrona Street and Second Avenue in the City of Chula Vista, California. RECOMMENDATION: That Council accept bids and award the contract for the "Cross Gutter Installation at Second Avenue and Madrona Street (south side) in the City of Chula Vista, California (STL-240)" to Jimenez, Inc. dba MJC Construction of Chula Vista, California, for $50,832.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Included in the FY1998-99 CIP Budget is a project for the removal of the corrugated metal pipe (CMP) and reconstruction of the intersection with a cross gutter at Second Avenue and Madrona Street. The existing CMP is failing and creates a hazard for pedestrians and bicyclists. The project also includes the installation of four pedestrian ramps and curb returns. Engineering staff prepared drawings, specifications, and advertised the project. Staff received and opened bids on February 23, 2000. The City received bids from six contractors as follows: CONTRACTOR BID AMOUNT 1. Jimenez Inc., dba MJC Construction - Chula Vista, California. $50,832.00 2. Scheidel Contracting, La Mesa, California $53,804.00 3. Castello, Inc. Escondido, California $60,486.00 4. New Century Construction, San Diego, California $63,227.00 5. Marquez Constructors, Spring Valley, California $64,906.00 6. ABC Constructors Company, San Diego, California $71,221.00 The low bid by Jimenez, Inc. is below the Engineer's estimate of $67,838.00 by $17,006.00 or approximately 25%. Engineering staff has verified the references provided by the contractor and their work has been satisfactory. Jimenez. Inc. has also done several CIP projects for the City and its work has Page 2, Item ~ Meeting Date: 4/11/00 been satisfactory. Staff has reviewed the low bid and recommends awarding the contract for $50,832,00 to Jimenez, inc. dba MJC Construction of Chula Vista, California. Disclosure Statement Attachment "A' is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Wage Statement Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. FISCAL IMPACT: DS REQUIRED FOR CONSFUNTRUCTION A. Contract Amount (Jimenez, inc. dba MJC Construction) $50,832.00 B. Contingencies (approximately 20%) $10,000.00 C. Staff Costs (Design & Inspection) $8,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $68,832.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Gas Tax $68,832.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $68,832.00 This project calls for the reconstruction of the intersection in an old neighborhood in Chula Vista. The street structural section and its condition are unknown. At the time of construction the limits and quantities of work may increase. Contingencies for this project are estimated at 20% to cover this possibility. Upon completion of the project, the improvements will require only routine City street maintenance. Attachment A - Contractor' s Disclosure Statement H:\HOME~ENGINEER~)ESIGN\STL240\STL240-A113.doc . ATTACHMENT "A" THE CITY OF CHULL VISTA DISCLOSURE STATEIV[ENT e required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all manors which will require discretionary action on the pat1 of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract, e,g., owner, applicant, Contractor, subcontractor, material supplier, 2. If any person* identified pursuant to ( 1 ) above is a corporation or partnership, list the names of all individuals owning more than 10% of the sha~es in the corporation or own~g any partnership interest in the partnership, 3. If any person* identified pursuant to.(I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. / 4. Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes __ No/~__ If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have assigned to represent you before th.e City in this ma~ter. 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes __ No .~\If yes, state which Council members(s): * * * (NOTE: Attached additional pages as necessary) * * * Date: Cignature of Contractor/Applic~n~ Print or type oa~e of Contractor/Applicant * Person is defined as,' "Any b~lividual, firm, co-pannersh~p, joint venture, assoct~ion, iocial club, fraternal o~gani~ation, corporation, estate, Irltst, receiver, xyna~cate, this and any other county, city or country, city m~nicipality, district, or other political subdivbion, or any other gn~up or combination acting a~ a unit. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "CROSS GUTTER INSTALLATION AT SECOND AVENUE AND MADRONA STREET (SOUTH SIDE) IN THE CITY OF CHULA VISTA, CALIFORNIA (STL- 240)" PROJECT WHEREAS, on February 23, 2000, the Director of Public Works received the following six sealed bids for the "Cross Gutter Installation at Second Avenue and Madrona Street (south side) in the City of Chula Vista, California (STL-240)" Project: CONTRACTOR BID AMOUNT Jimenez Inc., dba MJC Construction - Chula Vista, $50,832.00 Scheidel Contracting, La Mesa, California $53,804.00 Castello, Inc. Escondido, California $60,486.00 New Century Construction, San Diego, California $63,227.00 Marquez Constructors, Spring Valley, California $64,906.00 ABC Constructors Company, San Diego, California $71,221.00 WHEREAS, the low bid by Jimenez, Inc. is below the Engineer's estimate of $67,838.00 by $17,006.00 or approximately 25% and Engineering staff has verified the references provided by the contractor and their work has been satisfactory; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract for $50,832.00 to 'Jimenez, Inc. dba MJC Construction of Chula Vista, California; and WHEREAS, the Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (c) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures); and WHEREAS, contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project and no special minority or women owned business requirements were necessary as part of the bid documents although disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. 1 NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the six bids and award the contract for "Cross Gutter Installations at Second Avenue and Madrona Street (south side) in the City of Chula Vista, California (STL-240)" Project to Jimenez Inc., dba MJC Construction, in the amount of $50,832.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt, Director of John M. rney Public Works H:\home\attorney\reso\crossgut bid COUNCIL AGENDA STATEMENT Item (~ Meeting Date 04/11/00 ITEM TITLE: Resolution Awarding a Purchase Agreement in the amount of $184,707.21 for two 12-cy Dump Trucks to E-W Truck & Equipment Co., Inc. SUBMITTED BY: Director of public Works,~( REVIEWED BY: (4/5ths Vote: Yes No X ) The FY 1999-00 Equipment Maintenance Budget provides for the replacement of one 12-cy dump truck. The Sewer Facilities Replacement budget provides for the purchase of one additional 12-cy dump truck for the Sewer Maintenance Division. The bid was advertised in the Chnia Vista Star News on March 4, 2000 and opened March 14, 2000. In addition, eight potential bidders were contacted, with four responding. There were no local vendors for trucks oftl~s size. RECOMMENDATION: That the City Council approve the Resolution awarding the Purchase Agreement for two 12-cy dump trucks to E-W Truck & Equipment Co., Inc. DISCUSSION: One of the dump trucks is being replaced in its normal retirement cycle. One truck is being added for increased service demands due to new growth within the City of Chula Vista. Vendor Unit Price Extended Price Total Cost (With Tax & Terms) E-W Truck 85,711.00 171,422.00 184,707.21 Dion International 94,775.00 189,550.00 204,240.13 'Pacific Freightliner 88,465.00 176,930.00 190,642.08 Pacific Freightliner 92,784.00 185,568.00 199,949.52 ( Alternate Bid) Rush Track Center 95,978.00 191,956.00 206,832.59 FISCAL IMPACT: Sufficient funds of $189, 100.64 have been provided for the replacement of one dump truck ($95,000.00) in the Equipment Maintenance Budget (39200-7406) and the purchase of one additional dump truck ($94, 11.64) in the Sewer Facilities Replacement budget (73300-7406). The total cost with tax and terms is $184,707.21, $4,393.43 less than budgeted. File: 1320-50-DE D:XDave's Data\WinWord\BUDGET~A113 Dump Trucks 12cy FY99-00.doc RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $184,707.21 FOR TWO 12-CY DUMP TRUCKS TO E-W TRUCK & EQUIPMENT CO., INC. WHEREAS, the FY 1999-00 Equipment Maintenance Budget provides for the replacement of one 12-cy dump truck and the Sewer Facilities Replacement budget provides for the purchase of one additional 12-cy dump truck for the Sewer Maintenance Division; and WHEREAS, bids were advertised in the Chula Vista Star News and opened on March 14, 2000 with the following four vendors responding: Vendor Unit Price Extended Price Total Cost E-W Truck 85,711.00 171,422.00 184,707.21 Dion International 94,775.00 189,550.00 204,240.13 Pacific Freightliner 88,465.00 176,930.00 190,642.08 Pacific Freightliner 92,784.00 185,568~00 199.949.52 Alternate Bid Rush Truck Center 95,978.00 191,956.00 206,832.59 WHEREAS, the low bid was submitted by E-W Truck in the amount of $184,707.21 and sta£f recommends awarding the contract to E-W Truck. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby award a Purchase Agreement in the amount of $184,707.21 for two 12-cy dump truck to E-W Truck & Equipment Co., Inc. Presented by Approved as to form by John P. Lippitt, Director of aheny Cit~ Atto ey Public Works H: \home\attorney\reso\dumptruk. bid COUNCIL AGENDA STATEMENT Item ~ Meeting Date 04/11/00 ITEM TITLE: Resolution Vacating an Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista over Lot "A" of Chula Vista Tract No. 92- 02, Salt Creek Ranch, Neighborhood 2, Unit No. 9, Map No. 13742. SUBMITTED BY: Director of Publ' Works ~ REVIEWED BY: City Manage7 (4/5ths Vote: Yes_.NoX__) Pacific Bay Properties, a California Corporation, formerly known as Pacific Bay Homes, wishes to process a summary vacation for the existing Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista over Lot "A" of Map No. 13742 and grant a new Offer of Dedication for said lot in order to facilitate a boundary adjustment between lot "A" and the adjacent residential parcel. In accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution. RECOMMENDATION: That Council adopt a Resolution Vacating an Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista over Lot "A" of Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 2, Unit No. 9, Map No. 13742. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: Map No. 13742, Chula Vista Tract No 92-02, Salt Creek Ranch, Neighborhood 2, Unit No. 9, was recorded March 24, 1999 and included an offer to dedicate an irrevocable fee interest to the City of Chula Vista for Lot "A" for open space and other public purposes. However, the City Clerk acknowledged, but did not accept this offer for Lot "A" and noted that section 7050 of the Government Code of the State of California provided that an Offer of Dedication shall remain open and subject to future acceptance by the City. Subsequently, a separate document for the Irrevocable Offer of Dedication of Fee Interest was recorded on March 24, 1999 Document # 1999-0191049 (Exhibit "B"). Hunsaker & Associates San Diego, Inc., on behalf of their client Pacific Bay Properties submitted an application for a boundary adjustment plat between Lot 6 and Lot "A" of Map No 13742. Pacific · i r Page 2, 7 Meeting Date 4/11/00 Bay Properties are owners of Lot 6, a single family residential lot and the underlying fee owners of Lot "A" (with a Irrevocable Offer of Dedication over Lot "A" to the City) This boundary adjustment is needed to improve the area for Lot 6. Lot "A" frontage and depth is not affected by the proposed adjustment plat and will still be sufficient for open space purposes after the adjustment (see Exhibit "A"). In order for the Engineering division and Planning and Building Department to approve this adjustment plat, the City of Chula Vista must summarily vacate the existing Irrevocable Offer of Dedication by means of a City Council Resolution. Pacific Bay Properties has submitted another Irrevocable Offer of Dedication, which includes a legal description incorporating the adjusted boundaries (see Exhibit "C"). Only after the Resolution before City Council is recorded will the City Clerk acknowledge and cause to have recorded the new Irrevocable Offer of Dedication under actions previously taken by the City Council, the City Clerk has the authority to acknowledge the Offer of Dedication under Subdivision Map Act 66477.2 FISCAL IMPACT: The costs related to the processing of this request for vacation are being paid for by a deposit of monies by Pacific Bay Properties under the City's Full Cost Recovery System. BFS Attachments: Exhibit "A" - Adjustment Plat ER-293 Exhibit "B" - Doc # 99-0191049 Exhibit "C" - New Irrevocable Offer of Dedication (PF-275) H:\HOME\ENGINEER\PERMITS\PV078.BFS.doc CITY OF CHULA VISTA .. ENGINEERING DEPT,/PLANNING DEPT, ADJUSTMENT PLAT No, OO- O I / SI-r~T2OF2~ f (N 88'43'35"W) (73.01:) LOT A -n- z ~ BOUNDARY ADJUSTMENT AREA XXAX XXX,\X,x,x- :~ P.O.B. __:,~_~ ..... P.,~cn LOS ALTOS DRIVE ~""~" 1D'06 L=24,58 ('~=29' 26' 34 P,O.B. ~ /I ,,~ ~ 2'~' ~ , c~ ~ N8 ~21 '48 "E ~ ~ (33.50,)~ 56') : (60.55') (65.23~ 'NB~JO'DO"E 786.34, 7'21 '48 'E ~ ~ 7 ~ ~ "~" GHULA VJ~7A 'F~ACT ND. 9~-D2 SALT G~EEK .~ANCH NEJGH~DR~D~D 2 U,NJT ~. 10 MAP ND. 13743 P_02 ~ ~Re~gReqUesf~byend Please Retum m: ~A~ 2~.'~999 ~:~5 City Cle~ ~ ~ Chula ~sta, ~ 91912 APN(s} Sg~O4D~7 ... . C.V, Filo No. R~DSF IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A-VALUAbLE CONSIDERATION, receipt of which is hereby acknowk~dOSd, :.~. PACtFJC BAY PROPERTIES, A CALIFORNIA CORPOi~J~.TION FORMERLY KNOWN AS PACIFIC BAY HOMES, A CALIFORNIA CORPORATION, SUCCESSOR BY '~ MERGER TO FN DEVELOPMENT COMPANY', ALPHA, A CALIFORNIA -", . CORPDi~.TION, SUCCESSOR BY MERGER. TO FN DEVELOPMENT COMPANY, BRAVO, A CAL~rFORNIA CORPORATION represenl~ that, as the oWner(s) of herein-described feel property, (in the case of m~ltfple owners, .collecfjvely referred to as "Grantor"), hereby make(s) an Irrevocable Offerie dedication a fee interestTO THE CITY' OF CHULA VISTA, A MUNICIPAL ' CORPORATION jn the heroinafter described real prQper~forthe following purpose and other public purposes: OP_.=N SPACE AND OTHER PUBLIC PURPOSES. The real proper~.y referred to above is situated in the City of Chuia Vista, Coun~ of San Diego, State of California and is more particuZady described as LOT "A" OF CHULA VISTA TRACT NO, 92-02, SALT CREEK P,.ANCH~ NEIGHBORHOOD 2, UNIT NO. 9, PER MAP NO. ~ RECORDED ..~.., 'J99~.. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, FOR OPEN SPACE AND OTHER PUBLIC PURPOSES. ~ (TO REFILLED IN AT TIME OF RECORDATION.) · .-.~ rConfains 0.~.73 Acres, more orl~ss) ; ,3~z3-z6-O0 1Z:SS~p P.03 - 710G ~ ,.. This ofFor is made pumuanl t~ Seclion 7050 of Govemme~ Code of thc State of California and may be accepted at any lime b_y He city Clerk of the City of Chula VistS. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executom, administratom, successors and ~signs. - - SIGjqATORE-"P, ,I E.' 1 Grantor Signatures: (Notary A~knowtedgemsnt Required for Each Signatory) Thi~ is ~ ceriify lh~t ~s inkerect in real propsfly Offered here~n ~ fhe CI~ of Chula Vista, ~ governmental agenoy, i~ hereby acknowledged by ~he undersigned, City Cte~, on bohatf of ~e Chula Vista City Cound! ~ursuant ~ aulnorffy confen'ed l~y Re,~ol~ion No. ~ 5645 of the Chuta Visfa City Council adDp~d on June 5, ~ 990, and the grantee (s) eonse~t(s) ~ ~e ~ecoTda~en thered by its duly authorized o~cer. SUSAN BIGELOW CrF'r CLERK PAGE 2 OF 2 Orelet. ~_,,,"P. 15-DO00S~48 Des;'iptiDn 1999. ~91049 Page 2 of 3 Comment.' ""' ~ ja'n-26-O0 Ol:OOP ....... PoD4 : - .... 7107 CALIFORNIA ALL,-PURPOSE ACKNOWLEDGMENT ~ N~_~f~0 ; subbed to the wi~in i~ment and C ~ ~C~ ~ . . ._. _ ~ s~e in ~/her/~f authorized ., c~p~(~. gnd that bY ~lhed~r '~" · the e~ty upon Nhaff of ~ich tn~ ~tsnn~ .- s~Bd. execute~ ~e ins~cnL ._~:. ' ,-' E '~ n OP~ON~ D~bn of At~ed ~t ' Cap~(ies} ~almed by Signer ', ~ Pa~--~UmP~d D Oene~ ,., ~, - ~ G~ ~ ~r .: Or~er: EX,,=-f5.00006'148 D~.scrip~an: "I$99. 19~049 ?age 3 of 3 Comment.' Please Return to.' City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, California 91912 This Instrument Benefits City Only. No Fee Required. ...................................... ~ · This Sfiace for Recorder ~ Use Only APN(s) 595-700-63 C.V. File No. PF-275 ' IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PACIFIC BAY PROPERTIES, A CALIFORNIA CORPORATION FORMALY KNOWN AS PACIFIC BAY HOMES, A CALIFORNIA CORPORATION represents that, as the owner(s) of the herein~lescribed real properly (in the case of multiple owners, collectively referred to as "Grantor"), Grantor hereby makes an Irrevocable Offer of Dedication of fee interest to THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION, the hereinafter described real property for the following public purpose: OPEN SPACE AND OTHER PUBLIC PURPOSES. The real property referred to abovd is situated in the City of Chula Vista, County of San DiegO, State of California and is moreparticularly described follows: . _ _ SEE EXItlBIT "A" ATTACHED HERETO AND MADE PART HEREOF This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may be accepted at any time by the City Clerk of the City of Chula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. Page 1 of 2 SIGNATURE PAGE Signed this day of , 2000 Grantor Signatures: (Notary Acknowledgntent Required for Each Signatory) This is to certify that 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 authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the recordan'on thereof by its duly authorized officer. SUSAN BIGELOW CITY CLERK By: Date: H:\HOME\ENGINEER\PERMITS\PV078_IOD.DOC Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION BEING A PORTION OF LOT "A" OF CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH, NEIGHBORHOOD 2, UNIT NO. 9, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13742, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 6 OF SAID MAP NO. 13742, SAID POINT BEING ON THE RIGHT-OF-WAY OF LOS ALTOS DRIVE AS DEDICATED AND SHOWN ON SAID MAP NO. 13742; THENCE LEAVING SAID RIGHT-OF-WAY SOUTH 64°02'55" WEST, 66.27 FEET; THENCE SOUTH 39°05'01" WEST, 37.02 FEET; THENCE SOUTH 02°30'00'' EAST, 75.80 FEET TO THE SOUTHERLY BOUNDARY OF SAID MAP NO. 13742; THENCE ALONG SAID BOUNDARY, SOUTH 87°21'48'' WEST, 30.38 FEET; TO THE WESTERLY BOUNDARY OF SAID MAP NO. 13742; THENCE ALONG SAID BOUNDARY, NORTH 02°38'12" WEST. 304.06 FEET TO THE NORTHERLY BOUNDARY OF SAID MAP NO. 13742; THENCE ALONG SAID BOUNDARY SOUTH 88°43'35" EAST, 73.01 FEET TO THE EASTERLY BOUNDARY OF SAID LOT '"A"; THENCE ALONG SAID BOUNDARY, SOUTH 2°30'00" EAST, 131.83 FEET; THENCE SOUTH 76°02'40" EAST, 46.53 FEET TO THE AFORESAID RIGHT-OF-WAY OF LOS ALTOS DRIVE, SAID POINT BEING ON THE ARC OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 76°02'40" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28°10'06" A DISTANCE OF 24.58 FEET TO THE POINT OF BEGINNING. CONTAINS 0.449 ACRES MORE OR LESS. '>-//-- / L.s, 6669' JOHN W. HILL, JR. L.S. 5669 HUNSAKER &ASSOCIATES SAN DIEGO, INC. ~ PAGE 1 OF 1 ~ :JR M:\Legals%1413\035X%aOS.doc ~'7 ' WO 1413~35X 12/13/99 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA VACATING AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST TO THE CITY OF CHULA VISTA OVER LOT "A" OF CHULA VISTA TRACT NO. 92-02, SALT CREEK R/~NCH, NEIGHBORHOOD 2, UNIT NO. 9, MAP NO. 13742 WHEREAS, Pacific Bay Properties, a California Corpora- tion, formerly known as Pacific Bay Homes, wishes to process a summary vacation for the existing Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista over Lot "A" of Map No. 17342 and grant an new Offer of Dedication for said lot in order to facilitate a boundary adjustment between Lot "A" and the adjacent residential parcel; and WHEREAS, in accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said vacation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby vacate an Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista over Lot "A" of Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 2, Unit No. 9, Map No. 13742. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution. Presented by Approved as to form by John P. Lippitt, Director of Joh Kahen Public Works Attorney H: \home\lorraine\rs\vacate2 , sum COUNCIL AGENDA STATEMENT Item ~ Meeting Date 04/11/00 ITEM TITLE: Resolution Vacating an Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista over Lot "B" of Map No. 13500, Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 2, Unit No. 1. SUBMITTED BY: Director of Public Worksfl; ~ REVIEWED BY: City Manager (4/5ths Vote: Yes No X ) Pacific Bay Properties, a California Corporation formerly known as Pacific Bay Homes, a California Corporation, wishes to process a summary vacation for the existing Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista to clear the title for Lot "B" of Map No. 13500. In accordance with Section 7050 of the California Governmere Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution. RECOMMENDATION: That Council adopt a Resolution Vacating an Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista over Lot "B" of Map No.13500, of Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 2, Unit No. 1 and directing the City Clerk to record the Resolution. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: Map No. 13500, Chula Vista Tract No 90-02, Salt Creek Ranch, Neighborhood 2 Unit No 1, was recorded on November 13, 1997 and included a dedication of Lot "B" for Open Space and Other Public Purposes to the City of Chula Vista. However, the City Clerk rejected on behalf of the City of Chula Vista Lot "B" for Open Space and other Public Purposes as shown on said Map, noting that section 7050 of the Government Code of the State of California provided that an Offer of Dedication shall remain open and subject to future acceptance by the City. Subsequently, a separate document for the Irrevocable Offer of Dedication of Fee Interest over Lot "B" of Map 13500 was recorded on November 13, 1997, Document # 1997-0571509 (Exhibit "B"). Page 2, Item Meeting Date 4/11/00 Hunsaker & Associates San Diego, Inc., on behalf of their client Pacific Bay Properties, a California Corporation submitted an application for a boundary adjustment plat between Lot 18 and Lot "B' of Map No. 13500. Pacific Bay Properties own Lot 18, a single-family residential lot, and Lot "B" which has been designated as a Private Park. This boundary adjustment would move the westerly properly line of LOt 18 to the west a maximum distance of 3 feet adding 0. 011 acres or 496.7 square feet to Lot 18 (see Exhibit "A") . In order for the Engineering Division and Planning and Building Department m approve this Adjustmere Plat, the title for Lot "B" needs to be cleared of the existing Irrevocable Offer of Dedication of Fee Interest. It is no longer in the City's best interest to have the Irrevocable Offer of Dedication of Fee Interest over Lot "B" since it is now a Private Park. With the approval of the City Planning and Building Department, Pacific Bay Properties replaced a few residential lots in Rolling Hills Ranch with small private parks to enhance the neighborhood amenities. This was done at the final map stage and found to be in substantial conformance with the approved Tentative Map for Rolling Hills Ranch. These private parks are owned and maintained by the project's homeowners association. Due to the fact that were not required by the Tentative Map, Staff concurs that the retention of an IOD is not warranted. Lot "B" of Map No. 13500 was one of those lots that were changed from a residential lot to Private Park. FISCAL IMPACT: The costs related to the processing of this request for vacation are being paid for by a deposit of monies by Pacific Bay Properties under the City's Full Cost Recovery System. BFS Attachments: Exhibit "A" - Adjustment Plat ER-278 Exhibit "B" - Doc # 97-0571509 H:\HOME\ENGINEER~PERMITS\PV079.BFS " CITY OF CHULA VISTA ENGINEERING DEPT./PLANNING DEPT. ADJUSTMENT PLAT No. 98-04 ~ ~' T.I~,G~T. DF_,.SClq~PTION: ~:iIT. E; A LOl LIFE' AGILGTMENT BETWEN LOT ~'" AND LOT 18 OF ,,, CHUL4 VISTA ~ NO.. 92-02, ...~4LT .CREE~ P~ANCH, ~ N93.,NBO~IO00 2 UNIT N~. 1, IN THE Cfrf OF CHUZA VISTA, COF. Ilfl'Y'O~ SaN ~ 5'?,4TE' OF CALIFORNIA, ACCORDING' TO s~' ~ ~ ~ I~ 135Z~, FILED IN THE OF'RE OF THE SAN ~' DIE~D COUNTY RECORDER ON NOVEMBER I~' 199Z ~ N,~ c~ -.~,-B ~ ,~'~ ..... INDIr_~TE~ PRIOR LOT BOUNDARY INDIC.4TE~ NEW LOT BOUNDARY (') INDICATES RECORD DATA PER MAP NO. pROCTOR VAU.D' RO~ INDIG4TE$ 70.00' WIDE GENERAL TI[~I~'- U. AP A lfl'lLllY .~eS~fIENT TO THE ~ OF ""' z~oT'm SC, Ni 1S).b~C'F~,L' "A." CHULA ViSTA: PER Iv!AP NO. 13500 ~ 0..~-~"94. ACI~.~_,S INDICATE~ 5,50' WIDE TREE PLANTING /~ AND I~NANCE EASEX~ENT TO THE ~ CiTY OF CHULA VISTA PER IvZAP AID. rv3 0.419 ~ '~, ...-' / :: "' .XHI IT UUL RECORDING REQUESTED BY AND NOU 13, lc297 10'-49 A PI FASE RET1JRN TO: ~ 5 3 9 ~'FIE1AL BAH DIE~ D)UHIT'PiCDPJER,'5 DFF~E City Clerk GEBBR, Y 3. SIf!IH, [Z0LIhffY ECOPJ)~ City Df Chula V'~ta =fi:i: D. DD P.C). BDX ,1D87 Tn/s instrument benefits City only. No - fee iszequired, , _ :: . __, SPACE ABOVE THIS LINE FOR RECORDF, R'S USE ; APN(s) C.V, File No. IRREVOCABE OFFER OF DEDICATION OF FFF~INTEREST FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PACIFIC BAY HOMES, A CALIFORNIA CORPORATION SUCCESSOR BY MERGER ., TO FN .DEVELOPMENT COMPANY, BRAVO, A CALIFORNIA CORPORATION. represents that, as the owner(s) of herein-described real property, (in the case of mulbT~le owners, collectively referred to as 'Grantor), hereby make(s) an Irrevbcable Offer of Dedication of fee interest TO THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION of the heroinafter described real property for the following public purpose: OPEN SPACE AND OTHER PUBLIC PURPOSES. The real properly ~ferred to above is situated in the City of Chula Vista, County of San'- Diego, State of California and is more particularly described as follOWS: LOTS "A" AND "B" OF CHULA VISTA TRACT NO. 92-02,' SALT CREEK RANCH, NEIGHBORHOOD 2, UNIT NO. 1, PER MAP NO. 135'~_ RECORDED ON %~,'~.,'~-bz~- !'~ 199'7, IN THE OFFICE OF THE COUNTY' RECORDER OF SAID COUNTY, (TO ~E FILLED IN AT TIME OF REC;O~DAT1ON.) CONTAINS 15E. 581 SQUARE FEET, MORE OR LESS. This offer of Dedication is made pursuant to Section 7050 of Government Code of the State of California and may be accepted at any time by the City Clerk of the City of Chuta Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor, its heirs, execLrtom, administrators, successore and assigns. -SIGNATURE PAGE Signature(s): (Notary acknowledgement requi~d for each signatory) This is to certify ~hat the interest in real praperty offero,,d herein to the City of Chute Vista, a govemmerrtal agency, is hereby ack~owtedged by flTe undersigned, City Clerk, on behalf of the Ohula Vista City Council pursuant fo authority conferred by Resolution No. 15645 of the Chula Vista City Council adopted on June 5, 1990, and the grantee(s) consent(s) to the ~corcfation thecol by its duty authorized officer. BEVERLY A. AUTHELET CITY CLERK /9, ? By: Dated: / /., RESOLUTION NO. RESOLUTION OF THE CITY COD'NCIL OF THE CITY OF CHULA VISTA VACATING AN IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST TO THE CITY OF CHULA VISTA OVER LOT "B" OF MAP NO. 13500 CHULA VISTA TRACT NO. 92-02, SALT CREEK RANCH NEIGHBORHOOD 2, UNIT NO. 1 WHEREAS, Pacific Bay Properties, a California Corpora- tion, formerly known as Pacific Bay Homes, wishes to process a summary vacation for the existing Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista to clear the title for Lot "B" of Map No. 13500; and WHEREAS, in accordance with Section 7050 of the California Government Code and Chapter 4, Section 8335 of the California Streets and Highways Code, this type of vacation may be performed summarily through adoption of a resolution ordering said vacation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby vacate an Irrevocable Offer of Dedication of Fee Interest to the City of Chula Vista over Lot "B" of Chula Vista Tract No. 92-02, Salt Creek Ranch, Neighborhood 2, Unit No. 1. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to record this resolution. Presented by Approved as to form by John P o Lippitt, Director of John ~aheny , City~ Public Works Attorney H: \home\lorraine\rs\vacate2 . sum COUNCIL AGENDA STATEMENT Item q Meeting Date 4/11/00 ITEM TITLE: Public Hearing on the Chula Vista Transportation Improvement Program for the next four fiscal years Resolution Adopting the Four-Year TransNet Local Streets and Roads Program of Projects for Fiscal Years 2000-01 through 2003-2004 and approving the submittal of Chula Vista's Transportation Improvement Program to the San Diego Association of Governments (SANDAG) for inclusion in the Regional Transportation Improvement Program REVIEWED BY: (4/5ths Vote: Yes__NoX) SANDAG is required by the state and federal law to develop and adopt a Regional Transportation Improvement Program (RTIP) every two years. The 1998-04 RTIP, the six-year program of proposed major highway, arterial, transit, and bikeway projects, including the TransNet Program of Projects was adopted by SANDAG Board on July 24, 1998. As a result of Senate Bill 45, the RTIP process has been revised from a six year program to a four year program. The 2000-04 RTIP covers the same period as the last four years of the 1998-04 RTIP. The annual development and approval of the RTIP by SANDAG are requirements for the continued receipt of State and Federal transportation project funding. The "Proposition 'A' TransNet Transportation Improvement Program - Ordinance and Expenditure Plan" also requires that all proposed projects funded with TransNet funds be included in the Regional Transportation Improvement Program (RTIP). Chula Vista's proposed fuur-year RTIP involves the programming of $15,095,000 in projected TransNet revenue. RECOMMENDATION: That Council conduct the public hearing on the Chula Vista Transportation Improvement Program for the next four fiscal years and upon its completion approve a resolution adopting the Four-Year TrapsNet Local Streets and Roads Program of Projects for Fiscal Years 2000-01 through 2003-2004 and approving the submittal of Chula Vista's Transportation Improvement Program to SANDAG for inclusion in the RTIP. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The TransNet Program was enacted as Proposition 'A' by the voters of San Diego County on November 3, 1987. Proposition 'A' enacted a 1/2 percent increase in the County-wide sales tax lasting 20 years for specified transportation programs and projects. One third of the revenues are specified for allocation to the local agencies for local street and road purposes. The other two thirds will be split between two additional primary purposes: Regional Highway and Public Transit improvements. SANDAG administers the program County-wide. The Proposition 'A' Ordinance and Expenditure Plan states that the revenue generated by the sales tax measure will be used solely for transportation improvement projects in accordance with the following priorities: .. Page 2, Item (~ Meeting Date 4/11/00 I. To repair and rehabilitate existing roadways. 2. To reduce congestion and improve safety. 3. To provide for the construction of needed facilities. In accordance with said priorities, the proposed RTll'/TransNet Expenditure Plan was prepared as shown on Table 1 (attached). Table 2 (attached) includes a project information form for each of the projects. Table 3 (attached) shows projected revenues and expenditures for corresponding fiscal years. Chula Vista's total revenues in TransNet as projected by SANDAG over the next four fiscal years are estimated to be $13,495,000. Staff is also proposing to program $1,600,000 available in the City's TramNet Fund. The City has the option of amending the RTIP in 2001 when new projections become available. Based on future interest earnings and changes in the projects, an amendment could become necessary. The proposed RTIP is consistent with the City's CIP program and includes seven projects utilizing TransNet funds in Fiscal Years 2000-01 through 2003-04. The TramNet projects and their corresponding amounts are programmed as follows: FUNDING PROJECT AMOUNT SOURCE FISCAL YEAR i. "H' Street Reconstruction, 1-5 to $ 321,000 TransNet 2000-01 Broadway 2. FY 00/01 Pavement Rehabilitation 774,000 TramNet 2000-01 Program 3. Olympic Parkway/I-805 Interchange 1,000,000 TransNet 2000-01 2,000,000 2001-02 2,000,000 2002-03 4. Main Street, Broadway to 1-805 1,600,000 TransNet 2000-01 5. FY 01/02 Pavement Rehabilitation 1,800,000 TransNet 2001-02 Program 6. FY 02/03 Pavement Rehabilitation 1,800,000 TramNet 2002-03 Program 7. FY 03/04 Pavement Rehabilitation 3,800,000 TramNet 2003-04 Program TOTAL $15,095,000 The projects as listed in terms of priority involve widening and reconstruction including but not limited to: installation of asphalt concrete (A.C.) pavements, curbs, gutters, sidewalks, sweet lights, drainage facilities, and other appurtenant facilities. The proposed RTIP includes the programming of more than $8.17 million in TransNet funding for pavement rehabilitation programs. Said amounts will supplement Gas Tax funds normally spent for this purpose. Page 3, Item ~57 Meeting Date 4/11/00 The proposed RTIP is consistent with the City's CIP program and includes one project utilizing Federal Highway Bridge Repair/Replacement (HBRR) Fund. The Highway Bridge Repair/Replacement Project and its corresponding amounts are programmed as follows: FUNDING PROJECT AMOUNT SOURCE FISCAL YEAR 1. Willow Street Bridge 360,000 HBRR 2000-01 replacement/widening, between 1,596,000 2001-02 Bonita Rd. and Sweetwater Road 6,795,000 2002-03 TOTAL $8,751,000 The deadline for local agency project submittal of the RTIP to SANDAG is April 20, 2000. SANDAG will distribute the draft RTIP for review and comment in May 2000. Adoption of the final RTIP is scheduled for SANDAG Board of Directors action at its meeting of June 23, 2000. Table 4 lists all the TransNet projects that have been completed since the inception of the program. FISCAL IMPACTS: TransNet revenues totaling approximately $15,095,000 and HBRR funds totaling approximately $8,751,000 are projected to be allocated to the City of Chula Vista for Fiscal Years 2000- 01 through 2003-04. (Anaclunent~) File No. 0390-50-KY174 H:\HOME\ENGINEER\AGENDA\RTIPHRG9.AWS TABLE 2 2000-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: March 9, 2000 Prepared By: Muna Cuthbert Phone: (619) 691-5278 Project Name: H Street Reconstruction Limits (to/from): I-5 to Broadway Project Length: 0.37 Miles or, X Kilometers (to Nearest 1/10 miles/kilometer) Description: This project provides forthe rehabilitation of the existing pavement, the installation of drainage facilities and the installation of wheelchair ramps as part of the intersection improvements. The street currently has a high crown as a result of many years of overlaying the pavement. This condition has resulted in damage to vehicles accessing the businesses located on that street. In addition, the pavement has deteriorated significantly due to inadequacy of the existing pavement section in sustaining current traffic volumes. Additional drainage inlets will be necessary due to preliminary calculations which indicate that the dry-lane requirement will not be met when the existing high crown is reduced to the standard bNo percent crown. 1 ) Provide design concept and scope including all capacity improvement facilities and limits, 2) Either draw on reverse or attach figure showing before and after condition including lane diagram, interchange or ramp configuration, intersection and traffic signal locations, etc. Estimate Cost: Funding Sources: Engineering $239,500 Federal Right-of-Way $0 State Construction $1,206,500 TransNet $1,446.000 Total $1,446,000 Local X 2000 $ __ Esc./Future $ (Check One) (Identif,/committed funds with asterisk) Schedule: Start Construction 08/00 Open To Traffic 11/00 (Month - Year) (Month - Year) ** ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED** (h:\home\engineer\advplan\rtiphst,wbl) TABLE 2 2000~04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: March 24, 2000 Prepared By: Muna Cuthbert Phone: (619) 691-5278 Project Name: FY 2000/01 Pavement Rehabilitation Program Limits (to/from): City-Wide Project Length: Unknown Miles or, Kilometers (to Nearest 1/10 miles/kilometer) Description: This program will consist of the application of AC overlays and incorporation of other rehabilitation strategies to deteriorated pavements throughout the City. Rehabilitation of the existing street pavement is necessary to cost effectively extend its life and avoid further deterioration of the pavement and base material. 1) Provide design concept and scope including all capacity improvement facilities and limits, 2) Either draw on reverse or attach figure showing before and after condition including lane diagram, inlerchange or ramp configuration, intersection and traffic signal localions, etc. Estimate Cost: Funding Sources: Engineering $250,000 Federal $5,973,000 Right-of-Way $0 State $1,000,000 Construction $7,497.000 TransNet $774,000 Total $7,747,000 Local X 2000 $ Esc,/Future $ (Check One) (Identi~ committed funds with asterisk) Schedule: Star~ Construction 08/00 Open To Traffic 06/01 (Month - Year) (Month -Year) ** ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED** (h:\home\engineer\advplan\rtip01ov.wbl) TABLE 2 2000-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: March 9, 2000 Prepared By: Muna Cuthbert Phone: (619) 691-5278 Project Name: Olympic Parkway/I-805 Interchange Limits (to/from): 1-805 to Oleander Avenue Project Length: 0.29 Miles or, __Kilometers (to Nearest 1/10 miles/kilometer) Description: This project will provide operational improvements of Interstate 805 and Olympic Parkway, east to Oleander Avenue. Improvements will include ramp widening, street widening, utility relocation, installation of soundwalls and installation or modification of traffic signals east and west of the freeway. The interchange and roadway improvements are needed due to anticipated traffic capacity demand. 1) Provide design concept and scope incJuding all capacity improvement facilities and limits, 2) Either draw on reverse or attach figure showing before and after condition including lane diagram, interchange or ramp configuration, intersection and traffic signal locations, etc. Estimate Cost: Funding Sources: Engineering $4,542,000 Federal $5,000,000 Right-of-Way $1,525,000 State $1,145,000 Construction $9,335,000 TransNet $5,000,000 Total $15,402,000 Local $4,257,000 X 2000 $ ~ Esc,/Future $ (Check One) (Identify committed funds with asterisk) Schedule: Start Construction 01/02 Open To Traffic 07/03 (Month - Year) (Month - Year) ** ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED** (h:\home\engineer~advplan\rtipoly.wbl) TABLE 2 2000-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: March 9, 2000 Prepared By: Muna Cuthbert Phone: (619) 691~5278 Project Name: Main Street Pavement Rehabilitation Limits (to/from): Broadway to 1-805 Project Length: 2.24 Miles or, X Kilometers (to Nearest 1/10 miles/kilometer) Description: This project involves the complete rehabilitation on Main Street, between Broadway and 1-805. It includes dig outs and patching on the south side of the street. The Salt Creek Sewer main will be installed on the north side of Main Street. Limited pavement reconstruction work will be done on the north side of the street when the Salt Creek main is installed. After the sewer main project is completed, a 2" pavement overlay and AC berm will be applied to both sides of the street to extend the pavement life by at least ten years. 1 ) Provide design concBpt and scope including all capacity improvement facilities and limits. 2) Either draw on reverse or attach figure showing before and after sondition including lane diagram, interchange or ramp configuration, intersection and traffic signal locations, etc. Estimate Cost: Funding Sources: Engineering $314,000 Federal Right-of-Way $0 State Construction $1,686,000 TransNet $2,000,000 Total $2,000,000 Local X 2000 $ Esc./Future $ (Check One) (identify committed funds with asterisk) Schedule: Start Construction 03/01 Open To Traffic 06/01 (Month - Year) (Month - Year) ** ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED** (h:\home\engineer\advplan\rtipmain,wbl) TABLE 2 2000-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: March 9, 2000 Prepared By: Muna Cuthbert Phone: (619) 691-5278 Project Name: Willow Street Bridge Replacement/Widening Limits (to/from): Bonita Road to Sweetwater Road Project Length: 0.12 Miles or, __ Kilometers (to Nearest 1/10 miles/kilometer) Description: The existing bridge, constructed in 1940, is nearing its useful life expectancy. Furthermore, the existing bridge does not conform to the circulation element of the General Plan and is currently under capacity. This project will replace the existing bridge with a minimum 64' wide (curb-to-curb) concrete bridge. The overall width will be 77'. This would allow the bddge to be upgraded to a four lane major with two 6' wide bicycle lanes. 1) Provide design concept and scope including aJl capacity improvement facilities and limits. 2) Either draw on reverse or attacYn figure showing before and after condition including lane diagram, interchange or ramp configuration, intersection and traffic signar locations, etc. Estimate Cost: Funding Sources: Engineering $1,200,000 Federal $8,751,000 Right-of-Way $300,000 State $0 Construction $9,439,000 TransNet $0 Total $10,939,000 Local $2,188,000 X 2000 $ Esc./Future $ (Check One) (Identity committed funds with asterisk) Schedule: Start Construction 09/02 Open To Traffic 09/03 (Month - Year) (Month - Year) ** ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED** (h:\home\engineer\advplan\dipwill.wbl) TABLE 2 2000-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: March 24, 2000 Prepared By: Muna Cuthbert Phone: (619) 691-5278 Project Name: FY 2001/02 Pavement Rehabilitation Program Limits (to/from): City-Wide Project Length: Unknown Miles or, Kilometers (to Nearest 1/10 miles/kilometer) Description: This program will consist of AC overlay, chip seals and slurry seal rehabilitation strategies to deteriorating pavements throughout the City. Rehabilitation of the existing street pavement is necessary to cost effectively extend its life and avoid further deterioration of the pavement and base material. 1 ) Provide design concept and scope including all capacity improvement facjlites and limits. 2) Either draw on reverse or attach figure showing before and after condition including lane diagram, interchange or ramp configuration, intersection and traffic signal locations, etc. Estimate Cost: Funding Sources: Engineering $290,000 Federal Right-of-Way $0 State $1,200,000 Construction $2,710,000 TransNet $1,800,000 Total $3,000,000 Local X 2000 $ EscJFuture $/Check One) (Identi~ committed funds with asterisk) Schedule: Start Construction 03/02 Open To Traffic 06/02 (Month - Year) (Month - Year) ** ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED** (h:\home\engineer\advplan\rtip02ov.wbl) .,;/7 TABLE 2 2000-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Date: March 24, 2000 Prepared By: Muna Cuthbert Phone: (619) 691-5278 Project Name: FY 2002/03 Pavement Rehabilitation Program Limits (to/from): City-W~de Project Length: Unknown Miles or, ~Kilometers (to Nearest 1/10 miles/kilometer) Description: This program will consist of AC overlay, chip seals and slurry seal rehabilitation strategies to deteriorating pavements throughout the City. Rehabilitation of the existing street pavement is necessary to cost effectively extend its life and avoid further deterioration of the pavement and base material. 1 ) Provide design concept and scope including all capacity improvement facilities and limits. 2) Either draw on reverse or attach figure showing before and after condition including lane diagram, interchange or ramp configuration, intersection and traffic signal locations, etc. Estimate Cost: Funding Sources: Engineering $280,000 Federal Right-of-Way $0 State $1,200,000 Construction $2,720,000 TransNet $1,800,000 Total $3,000,000 Local X 2000 $ EscJFuture $ (Check One) (identify committed funds with asterisk) Schedule: Start Construction 03/03 Open To Traffic 06~03 (Month - Year) (Month - Year) ** ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED** (h:\home\engineer\advplan\rtjp03ov.wbl) TABLE 2 2000-04 REGIONAL TIP PRDJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: city of Chula Vista Date: March 24, 2000 Prepared By: Muna Cuthbert Phone: (619) 691-5278 Project Name: FY 2003/04 Pavement Rehabilitation Program Limits (to/from): City-Wide Project Length: Unknown Miles or, Kilometers (to Nearest 1/10 miles/kilometer) Description: This program will consist of AC overlay, chip seals and slurry seal rehabilitation strategies to deteriorating pavements throughout the City. Rehabilitation of the existing street pavement is necessary to cost effectively extend its life and avoid further deterioration of the pavement and base material. 1 ) Provide design concept and scope including all capacity improvemenl facilities and limits, 2) Either draw on reverse or atlach figure showing before and after condition including lane diagram, interchange or ramp configuration, intersection and traffic signal locations, etc. Estimate Cost: Funding Sources: Engineering $500,000 Federal Right-of-Way $0 State $1,200,000 Construction $4,500,000 TransNet $3,800,000 Total $5,000,000 Local X 2000 $ Esc./Future $ (Check One) (Identify committed funds with asterisk) Schedule: Star~ Construction 03~04 Open To Traffic 06~04 (Month - Year) (Month - Year) ** ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED** (h:\home\engineer\advplan\dip04ov.wbl) TABLE 3 2000 - 04 RTIP REVENUE / EXPENDITURE TABLE TRANSNET PROPOSED REVENUE EXPENDITURE YEAR - END FY AMOUNT AMOUNT BALANCE Carry Over $577,671 01 $3,047,000 $2,095,000 $1,529,671 02 $3,365,000 $3,800,000 $1,094,671 03 $3,581,000 $3,800,000 $875,671 04 $3,819,000 $3,800,000 $894,671 TOTALS $13,812,000 $13,495,000 FY2000/01 $1,600,000 ** $1,600,000 $15,412,000 $15,095,000 ** Funds available in City's TransNet fund are proposed to be programmed in FY 2000/01 to construct Main Street Pavement Rehabilitation, between Broadway and 1-805. (H:~HOME~ENGINEER~ADVPLAN\RTIPEX2.WB1) / / T T RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE FOUR-YEAR TR3~NSNET LOCAL STREETS AND ROADS PROGR3~4 OF PROJECTS FOR FISCAL YEARS 2000-01 THROUGH 2003-2004 AND APPROVING THE SUBMITTAL OF CHULA VISTA'S TRANSPORTATION IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) WHEREAS, SANDAG is required by state and federal law to develop and adopt a Regional Transportation Improvement Program every two years; and WHEREAS, the 1998-04 RTIP, the six-year program of proposed major highway, arterial, transit, and bikeway projects including the TransNet Program of Projects was adopted by SANDAG Board on July 24, 1998; and WHEREAS, as a result of Senate Bill 45, the TIP process has been revised from a six to a four year program; and WHEREAS, the 2000-04 RTIP covers the same period as the last four years of the 1998-04 RTIP; and WHEREAS, the annual development and approval of the RTIP by SANDAG are requirements for the continued receipt of State and Federal transportation project funding; and WHEREAS, the Proposition "A" TransNet Transportation Improvement Program - Ordinance and Expenditure Plan also required that all proposed projects funded with TransNet funds be included in the RTIP; and WHEREAS, Chula Vista's proposed four-year RTIP involves the programming of $13,812,000 in projected TransNet revenue. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt the four-year TransNet Local Streets and Roads Program of Projects for Fiscal Years 2000-01 through 2003-2004 and approve the submittal of Chula Vista's Transportation Improvement Program to the San Diego Association of Governments for inclusion in the Regional Transportation Improvement Program. Presented by Approved as to form by M Kah y Cij ' Public Works A H:\home\lorraine\rs\rtip COUNCIL AGENDA STATEMENT Item/~ Meeting Date 4/11/00 ITEM TITLE: Resolution Establishing maintenance level for City parks and other property and a commensaratc staff/acreage ratio for recent and future park development and other City properties. Resolution Establishing a policy to contract out maintenance of landscaped medians and slopes currently maintained by City Crews and amending the FY 99/00 Public Works Department budget by transferring $9,080 from the Park Maintenance Section Salary Savings for the remainder of the current fiscal year beginning May 1. Resolution Establishing a policy to contract out maintenance of small pocket parks for existing and future parks and amending the FY 99/00 Public Works Department budget by transferring $10,998 from the Park Maintenance Section Salary Savings for the remainder of the current fiscal year beginning May 1. Resolution Amending the FY 99/00 Public Works Department budget by transferring $31,283 from the Park Maintenance Section Salary Savings for the remainder of the current fiscal year beginning May 1 and approving additional staff and supplies for the Parks Maintenance Section of Public Works. Resolution Amending the FY 99/00 Public Works Department budget by appropriating $15,367 from the Unappropriated Fund Balance of the Corp Yard DIF Fand and appropriating $62,464 from the Unappropriated Fund Balance of the General Fund and approving the purchase of additional equipment. SUBMITTED BY: Director of Public Works~ 0/V REwEwED By: city 4 ger 4/S Vo,e: Yes x No- The Parks Maintenance Section is currently experiencing a staffing and equipment shortage due to budget reductions in the mid-90's and the additional maintenance responsibility for new parks, landscaped medians and other city property. This has impacted the section's ab'ffity to provide desired maintenance levels. Furthermore, there are several new parks in the planning and construction stages in the Rancho Del Rey SPA III, Rolling Hills Ranch, Eastlake, and Otay Ranch Villages 1 and 5 developments that will be turned over to the City in the next five years, thereby exacerbating the staffing shortage. This report provides options that can be used to meet the maintenance demands that are and will be required. /b - / Page 2, Item / (d Meeting Date 4/11/00 RECOMMENDATION: That Council adopt the following resolutions: 1 ) Establish a maintenance level for City parks and other property and a commensurate staff/acreage ratio for recent, future park development and other City properties. 2) Establishing a policy to contract out maintenance of landscaped medians and slopes currently maintained by City Crews and amending the FY 99/00 Public Works Department budget by transferring $9,080 from the Park Maintenance Section Salary Savings for the remainder of the current fiscal year beginning May 1. 3) Establishing a policy to contract out maintenance of small pocket parks for existing and future parks and amending the FY 99/00 Public Works Department budget by transferring $10,998 from the Park Maintenance Section Salary Savings for the remainder of the current fiscal year beginning May 1. 4) Amending the FY 99/00 Public Works Department budget by transferring $31,283 from the Park Maintenance Section Salary Savings for the remainder of the current fiscal year beginning May 1 and approve the addition of 4.20 FTE Gardener I positions and one FTE Supervising Park Ranger position. 5) Amending the FY 99/00 Public Works Department budget by appropriating $15,367 from the Unappropriated Fund Balance of the Corp Yard DIF Fund and appropriating $62,464 from the Unappropriated Fund Balance of the General Fund and approving the purchase of additional equipment. BOARDS/COMMISSIONS RECOMMENDATION: At their regularly scheduled meeting of March 16, 2000, the Parks and Recreation Commission approved the staff recommendation. DISCUSSION The City Manager requested that the Public Works/Park Maintenance Section evaluate the current maintenance level at all parks, and what staffing level would be required to maintain parks at a higher maintenance level and the staffing ratio to meet the needs of future new parks. The Park Maintenance Section of Public Works has three major concems: 1) staffing for existing and new parks, 2) the need for additional equipment, and 3) the need for a Supervising Park Ranger position. This report provides a discussion of these concerns and recommendations on how to solve them. Page 3, Item [19 Meeting Date 4/l l/0.__Q0 1. Current Staffing Issue. The Park Maintenance section's current staffing issues are the result of: a. Staff reduction and increase in park acreaXe. Since FY 93/94, the City eliminated 2 FTE Gardeners and 1.75 FTE Seasonal Gardeners, or 10.79 percent of authorized staff due to the budget reductions during the 90's economic downturn. The staffing reductions affected the level of maintenance by reductions in the frequency of some maintenance tasks. In addition, Park Maintenance assumed the maintenance responsibilities for the following new areas: · Chula Vista Community Park 12.8 acres · Voyager Park 11.0 acres · Explorer Park 6.0 acres · Terra Nova Park addition 2.0 acres · South Chula Vista Library 4.5 acres · Broadway and Palomar Avenue Medians 1.6 acres · Auto Park Slopes 1.5 acres · Jogging trail at golf course 4.5 acres · Otay Valley Road Median and Parkways (near auto park) .5 acres · Chula Vista Woman's Club grounds .4 acres · E1 Dorado Building unknown · Eastlake walking path unknown Total 44.80 + acres Park Maintenance is currently maintaining 349.41 acres of park and other landscaped areas in the City, which represents a park acreage increase of 14.71 percent with a commensurate 10.79 percent decrease in staffing. The Park acreage to staff ratio is now one staff per 11.27 acres versus the one staff per 9 acres prior to the changes in acreage and staffing. Future parks and landscaped areas in the eastern territories will require additional resources to provide an acceptable level of maintenance demanded by the new communities. Provided below is the projected five-year timetable for the turnover of future parks in the eastern territories: Park Acreage Projected Date Marisol Park (RDR) 6.00 April 2000 Animal Shelter 1.00 April 2001 Mackenzie Creek Park 7.50 April 2001 Page 4, Item / ~ Meeting Date 4/11/00 New Corp Yard 6.00 April 2001 Park Acreage Proiected Date Cottonwood Park (Otay Ranch) 6.50 July 2001 Heritage Park (Otay Ranch) 10.57 October 2001 Santa Cora (Otay Ranch) 5.68 October 2001 Teresina Plaza (Otay Ranch) .90 October 2001 Breezewood (Otay Ranch) 2.00 October 2001 Eastlake Sports Complex 10.00 April 2002 Rolling Hills Ranch Community Park 20.00 April 2003 Eastlake Trail Community Park ' 19.80 April 2003 Otay Ranch P-2 Park 6.20 April 2004 Eastern Library 5.00 April 2005 Total 107.15 acres b. Weekend Restroom Assignment. In 1991, the Department, responding to park users concerns about the sanitary conditions of the park restrooms on the weekends, began assigning park staff to clean the restrooms on the weekend. Three gardeners are assigned on a rotating basis for two-pay periods (28 days) to provide seven-day maintenance of park restrooms. Gardeners from the Greg Rogers, Downtown, and Rohr Park work sites are responsible for the restrooms in their respective areas. The weekend assignment affects each work site by 16 staff hours per week for the regular maintenance tasks because assigned restroom detail staffs' work schedules are adjusted to provide two days off during the regular week. During the weeks a crewmember is assigned to the weekend detail, only routine maintenance tasks can be performed. Regular maintenance tasks such as irrigation repairs and checks, weeding, edging, blowing, vacuuming, and pruning are performed only as time permits or they are deferred until the full crew is available. Seasonal Gardeners could perform the weekend restroom detail at lesser cost with no impact to the regular crews. A. Parks Maintenance Section Overview. The Parks Maintenance Section' s goal is to enhance the quality of life by providing clean and safe park environments for the community's pursuit of recreation opportunities by providing an efficient maintenance program that preserves and protects the parks and natural resources of the community. Prior to the budgetary reductions in the nineties, the section employed six (6) four-person work crews divided into three districts, a three-person irrigation crew and a two-person construction crew. A Park Supervisor is assigned to each district and is responsible for assigning and supervising their respective crews' work. The current crew sizes and areas of responsibility for each di strict and crew are provided below: Page 5, Item /t9 Meeting Date 4/11/00 1. North District. Rohr Park I. This crew consists of a Senior Gardener, a Gardener II, and a Gardener I position (one Gardener I cut due to budget reductions). Areas of responsibility include: Rohr Park, Del Rey Park, Independence Park, Sunridge Park and Tiffany Park. Rohr Park II. This crew consists of a Senior Gardener, a Gardener II, and two Gardener I positions. Areas of responsibility include: Tenca Nova Park, Discovery Park, Bonita Long Canyon, Chula Vista Community Park, Explorer Park, Voyager Park, "H" Street Median, and Auburn Median. 2. Central District. Downtown Crew. This crew consists of a Senior Gardener, a Gardener II, and two Gardener I positions. Areas of responsibility include: Eucalyptus Park, Menzel Fields, Memorial Park, Norman Park, Third Avenue Medians, Park Way Medians, Civic Center, Women' s Club, Mercy Building, El Dorado Building, and Public Works Yard. Construction Crew. This crew consists of one Senior Gardener and one Gardener I/positions. Areas of responsibility include: Special construction pro3ects i.e. aerating, fertilizing, park equipment repairs, playground equipment repairs etc. and the maintenance responsibility for H" Street and 1-805 Median, "E" Street Slopes, Golf Course Jogging Trail, Lancerlot, Fig and Shasta Parkway, West "J" Street Median, East "J" Street Median, Otay Lakes Road/East "H" Street Medians, Broadway/Naples Medians, Broadway/Anita Medians, Palomar/Broadway Median, Otay Valley Road Medians, and Auto Park slopes. The maintenance currently being performed by the Construction crew is done on an as needed basis as opposed to on a set schedule. Irrigation Crew. This crew consists of a Senior Gardener and a Gardener H (one Gardener 1I transferred to Greg Rogers I crew). This crew is responsible for the major repair, installation of the irrigation systems throughout the parks and other city property. The crew assists the construction crew in aerating and fertilizing of park areas when needed. 3. South District. Greg Rogers I. This crew consists of a Senior Gardener, two Gardener H's, and a Gardener I position (one Gardener I lost in budget reduction, a Gardener II transferred from Irrigation crew). Areas of responsibility include: Greg Rogers Parks, School grounds, Parkview Fields, Palomar Park, Los Ninos Park, Loma Verde Park, SDG&E Parks, Rienstra Sport Complex, Foxboro Slopes, and Otay Park. Greg Rogers H. This crew consists of a Senior Gardener, a Gardener 1I, and two Gardener I positions. Areas of responsibility include: Hilltop Park, Sunbow Park, Paseo Del Rey Park, Valle Lindo Park, Lauderbach Park, Halecrest Park, First and "H" Street, Woodlawn Park, Flair Slopes, /D -.5 Page 6, Item/'') Meeting Date 4/11/00 Connoley Park, Holiday Estates I & H, Sherwood Park, Orange Avenue Medians, South Library and Animal Shelter. Marina Crew. This crew consists of a Senior Gardener, a Gardener II, and two Gardener I positions. Areas of responsibility include: Bayside Park, "J" Street Marina, Marina View Park, Tidelands MedianS, West Street Medians, Sandpiper Parkways, Fishing Pier, and Launch Ramp waster disposal. B. Current maintenance levels. During the economic downturn of the 90's, the Section's resources were reduced to achieve a balanced budget. To provide the best possible maintenance, the Section instituted new maintenance levels for the various areas to maximize the resources available. Provided below is a brief description of all the maintenance levels currently provided by the Parks Section: Level A. Show case Areas. The highest level of maintenance is applied to the parks and landscaped areas on the Port of San Diego Bay-front property to give the City a positive image for visitors. This level of maintenance provides a seven-day service of weekly manicuring of the grounds, playground areas, picnic areas, parking lots and restrooms to meet the Port District's expectation. Funds are provided by the Port District to maintain these parks and landscaped areas as a "showcase" for the City and Port District. Level 1. Public Grounds. This level of maintenance is associated with high visibility public grounds such as public squares and govemmental grounds (e.g. Civic Center, Libraries). The maintenance provided includes weekly manicuring (mowing, edging, vacuuming, etc.) of the grounds on a year- round schedule, trash and litter control (twice per week), aeration (twice per year), fertilization (annually), pruning of shrubs (three times annually), additionally, tree maintenance is done more frequently. Level 2. High Visitation Parks. This level of maintenance is provided to parks with heavy groups, and families, usage for picnics, and playground activities (e.g. Rohr Park, Eucalyptus Park). Maintenance is characterized by weekly manicuring of the grounds, cleaning of restrooms seven days a week (twice a day), and weekly litter control. Tuff maintenance (aerating and fertilizing) is scheduled annually. Level 3. Moderate Use Areas. This level of maintenance is provided to moderate use parks areas (e.g. Greg Rogers Park) and includes weekly manicuring of the grounds from March through October, daily restroom cleaning, and weekly litter control. Tuff maintenance (aeration and fertilization) is scheduled annually. Maintenance levels are reduced in the fall and winter season. Page 7, Item/~ Meeting Date 4/11/00 Level 4. Low Use Areas. This level of maintenance for low use parks (San Diego Gas & Electric Parks) is slightly less than the moderate use areas. Tuff manicuring entails weekly mowing only. The other manicuring tasks are done on a two-week cycle. Restrooms are cleaned daily, trash and litter control are done weekly. During the fall and winter months, a reduced frequency is scheduled, e.g., biweekly mowing and litter control (if needed), once a day cleaning of restrooms, all other tasks, done monthly or as needed. Level 5. Special Landscape Areas. This level of maintenance is associated with road, pathway or trail systems that are relatively well developed. These areas include landscaped medians and slopes at various locations. Maintenance includes weekly pick-up of trash and litter, pruning of shrubs (quarterly), mowing of tuff, weekly inspection of irrigation systems, and the annual replacement of dead plant material. Level 6. Sport Fields. This level of maintenance is provided to heavily used sport fields (e.g. Rienstra Sport Complex) to provide a safe playing environment. Maintenance includes weekly manicuring of tuff areas, monthly scarifying of infield dirt areas, replacement, on an as needed basis, of the in field soil, and tuff maintenance (aeration and fertilization) annually. Maj or tuff renovation is done when necessary. C. Current staff/acreage ratio. Table 1 provides a summary of the park acres presently being maintained by the section, including the total annual hours currently used to meet existing maintenance levels. A more detailed breakdown of each level of maintenance and the type of maintenance is provided in Exhibits 1 through 14. Since a different level of maintenance is provided for some tasks during the winter months (November to February) as opposed to the summer months (March to October), a detailed breakdown for each maintenance period is also provided in these exhibits. Page 8, Item / :~ Meeting Date 4/11/00 Table 1 - Summary Total Current Hours Annually by Each Maintenance Level and Period March - Oct Nov - Feb SUMMARY SUMMARY OF Total Total Current Total Current Total Current MAINTENANCE LEVELS Acres Hours Hours Hours Annually~'> AnnuallyI*~ Annually Level A - Show Case Area 15.00 3,656.85 1,828.42 5,485.27 Level 1 - Public Grounds 27.30 1,939.69 969.83 2,909.52 Level 2 - High Visitation Parks 139.70 8,665.00 4,332.55 12,997.55 Level 3 - Moderate Use Areas 53.55 3,431.78 1,487.51 4,919.29 Level 4 - Low Use Areas 67.38 3,799.84 1,555.51 5,355.35 Level 5 - Special Landscape 13.63 1,075.45 537.12 1,612.57 Level 6 - Sports Fields 10.00 573.59 286.81 860.40 TOTAL 326.561 23,142.20 10,997.75 34,139.95 (*) Data provided from Parpairs Report for FY 96/97 & FY 97/98 amounts - average~ As shown in Table I above, the Park Maintenance Section is currently spending 34,139.95 hours maintaining City parks. Therefore, the annual maintenance hours per park acre is calculated as follows: 34, 139.95 (total current hrs) .................................... = 104.54 annual maintenance hours per park acre 326.56 (total acres) The current staff/acreage ratio can be computed as follows: 104.54 (hours per acre) ............................................ 065 (staff/acreage ratio for current parks) 1,608 hrs2 (net labor hours per yr) The increase in landscaped acreage, the reduction of staff, and the assignment of weekend staffing have contributed to the lower level of maintenance for Levels 2 through 6. Maintenance functions such as aeration, fertilization, and pruning & trimming are only being done once per year for these parks. Repairs to irrigation systems, playgrounds, softball/soccer fields, and other park amenities' maintenance are being done on a reactive basis instead of a planned schedule. Because this maintenance is being performed at a reduced level, these parks presently have an Reduced from 349.41 to 326.56 based on the following: Explorer Park - 6.0 ac (not turned over to the City until FY 97/98); No hours available for Voyager Park - 11.0 ac.; South Library - 4.5 ac; Foxboro Slopes - 0.5 ac; Marina View Median - 0.1 ac; & Broadway Medians - 0.75 ac. See Table 3 for calculation (footnote 3). , , : ! Ir Page 9, Item ~ Meeting Date 4/11/00 inefficient irrigation system. As a result, this has affected the quality of turf and may potentially create an unsafe playing environment that contributes to sport injuries. Furthermore, because picnic and restrooms areas not being maintained properly, this can have a negative affect on park visitation. D. Desired maintenance levels. Level A. Show case Areas. The desired maintenance will remain the same as the current level of service but will also include verti-cutting annually. Level 1. Public Grounds. The desired maintenance provides weekly manicuring (mowing, edging, vacuuming, etc.) of the grounds on a year-round schedule, trash and litter control (twice per week), aeration (quarterly), fertilization (three times annually), pruning of shrubs (quarterly) and verti- cutting annually. Level 2. High Visitation Parks. The desired maintenance is characterized by weekly manicuring of the grounds, cleaning of restrooms seven days a week (twice a day), and weekly litter control. Tuff maintenance (aerating and fertilizing) will be scheduled three times annually. Verti-cutting will be done annually. Level 3. Moderate Use Areas. The desired maintenance includes weekly manicuring of the grounds from March through October, daily restroom cleaning, and weekly litter control. Turf maintenance (aeration and fertilization) will be scheduled three times annually. Verti-cutting will be done at the same as Level 2. Level 4. Low Use Areas. The desired maintenance level is similar to that received by the moderate use areas from March through October. Maintenance will include weekly manicuring of the grounds, daily restroom cleaning, and weekly litter control. Turf maintenance (aeration and fertilization) will be scheduled three times annually. Verti-cutting will be done at the same as level 2. Level 5. Special Landscape Areas. The desired maintenance will include weekly pick-up of trash and litter, pruning of shrubs (quarterly), weekly inspection of irrigation systems, and the annual replacement of dead plant material. Turf maintenance (aeration and fertilization) and verti-cutting will be done annually. Level 6. Sport Fields. The desired maintenance includes weekly manicuring of turf areas, monthly scarifying of infield dirt areas, replacement, on an as needed basis, of the infield soil, and turf maintenance (aeration and fertilization) quarterly. Verti-cutting will be done monthly. Page 10, Item/c) Meeting Date 4/11/00 E. Future staff/acreage ratio. In order to establish a staff/acreage ratio to address the section's future staffing needs, it was first necessary to identify the current staffing needs. Table 2 provides a summary of the park acres presently being maintained by the section as well as the total annual hours required to meet the desired maintenance levels. A more detailed breakdown of each level of maintenance, the type of maintenance, and the total hours required annually is provided in Exhibits l through 14. Since a different level of maintenance is provided for some tasks during the winter months (November to February) as opposed to the summer months (March to October), a detailed breakdown for each maintenance period is also p~'ovided in these exhibits. Table 2 - Summary Total Hours Desired Annually by Each Maintenance Level and Period March - Oct Nov - Feb SUMMARY SUMMARY OF Total Total Hours Total Hours Total Hours MAINTENANCE LEVELS Acres Desired Desired Desired AnnuallyI'~ Annuallyn Annually Level A - Show Case Area 15.00 3,676.35 1,828.42 5,504.77 Level 1 - Public Grounds 27.30 2,695.24 1,329.88 4,025.12 Level 2 - High Visitation Parks 139.70 13,327.94 6,092.81 19,420.75 Level 3 - Moderate Use Areas 53.55 5~391.05 2,427.73 7,818.78 Level 4 - Low Use Areas 67.38 5,352.45 2,856.88 8,209.33 Level 5 - Special Landscape 13.63 1,207.37 594.20 1,801.57 Level 6 ~ Sports Fields 10.00 1,806.54 350.67 2,157.21 TOTAL 326.561 33,456.93 15,480.59 48,937.52 (*) Assumes maintenance will be completed at same rate as FY 96/97 & FY 97/98 amounts - average. Based on data from Parpairs Report. As shown in Table 1 above, the rate of maintenance at Level A is being completed at a much higher rate than in the other parks. Therefore, it is not appropriate to include these hours and acres in establishing the staff/acreage ratio for future parks. As a result, the total desired hours have been reduced to: 48,937.52 - 5,504.77 = 43,432.75 hours; and the acres have been reduced to: 326.56 - 15.00 = 311.56 acres. Therefore, the annual maintenance hours per park acre is calculated as follows: Reduced from 349.41 to 326.56 based on the following: Explorer Park - 6.0 ac (not turned over to the City until FY 97/98); No hours available for Voyager Park - 11.0 ac.; South Library - 4.5 ac; Foxboro Slopes - 0.5 ac; Marina View Median - 0. 1 ac: & Broadway Medians - .75 Page 11, Item / 0 Meeting Date 4/11/00 43,432.75 (total desired hrs) .................................... = 139.40 annual maintenance hours per park acre 311.56 (total acres) The average working hours per year for City employees, based on the paid time-offfactor, is 1,715 net labor hours per year. However, for Parks staff, additional staff time is spent traveling to and from the various City parks which includes loading and unloading equipment. It is estimated that Parks staff spends at least one hour daily in travel time. Since this additional staff time was not tracked previously (but will be in the new work management system), staff believes it is appropriate to use an estimate of 35 minutes. As a result, the net labor hours is calculated in Table 3 below. Table 3 - Net Labor Hours Per Year for Parks Staff Total hours Days per year Total Days (per day) Total Net working daysell 260 days 8 hours 2,080 Regular holiday 8 days 8 hours (64) Floater holiday 4 days 8 hours (32) Break hours 260 days .5 hours (130) Vacation hours12> 12.5 days 8 hours (100) Travel hours 260 days .58 hours (151) Net labor hours 1,603 ~1~ Excludes weekends. 121 Vacation hours based on an average between 2 & 3 weeks per year. In order to account for part-time staff, the net labor hours have been increased to 1,608 hours based on the ratio of part-time (.75) to full-time (27) staff. Therefore based on 1,608 net labor hours, the staff/acreage ratio can be computed as follows: 139.40 (hours per acre) ............................................ 087 (staff/acreage ratio for future parks) 1,6083 hrs (net labor hours per yr) Therefore, for each acre of parkland turned over to the City, .087 of a staff position must be added to reach the desired maintenance levels for all future parklands. Another way to look at it is that 1 Flti would be added for every 11.49 acres. 3 Revised from 1,603 to 1,608 hrs account for part-time staff(based on part-time to full-time ratio). Page 12, Item [C~ Meeting Date 4/11/00 F. Staffing requirement. The hours and acres for the parks that receive Level A maintenance have been included in this analysis to determine what the current staffing requirements are. Therefore, based on 1,608 net labor hours per year, the present staffing requirement is calculated as follows: 48,937.52 (total desired hrs) .......................................... = 30.43 staff (based on 337.56 park acres) 1,608 hrs (net labor hours per yr) To account for the staff required for the 22.85a acres not included in Table 1, the additional staff has been calculated as follows based on the staff/acreage ratio of .087: 22.854 acres x .087 = 1.99 additional staff Also, it is anticipated that Marisol Park (6 acres) will be turned over to the City in April of 2000. Therefore, based on the proposed staff/acreage ratio of .087, the additional staff required for the turnover of Marisol Park can be calculated as follows: 6 acres x .087 = .52 additional staff Therefore, the total staffing required is: 30.43 + 1.99 + 0.52 = 32.94 staff. The section currently has 27 staff members (excluding supervisors); therefore, 32.94 - 27.0 = 5.94 additional staff positions are now required for the Parks Maintenance Section. As, indicated above, the section currently has 31 staff members consisting of one Senior Parks Supervisor, three Parks Supervisors, and 27 Gardeners. Therefore, the current Parks supervisor to staff (Gardener) ratio is I to 9. As we have found this to be an appropriate ratio, staff recommends maintaining this same ratio for the addition of future staff. Therefore, for every nine Gardener positions added for all future parklands, staff recommends adding a Park supervisor, thereby, enabling the section to maintain the current supervisor to staff ratio. G. Increase in workload. As indicated in Table 1, in order for the section to reach the desired maintenance levels for all current City parks, a total of 48,937.52 staff hours are required which represents an increase of 14,797.57 staff hours over current levels. The increase in desired staff hours is primarily due to increases in furnishings (3,895.14), pruning & trimming (3,447.85), irrigation check & adjustment (3,009.28), tuff renovation (1,918.74), and verti-cutting (1,002.25). These tasks account for an 4 Includes: Voyager Park - 11.0 ac.; Explorer Park - 6.0 ac; South Library ~ 4.5 ac; Foxboro Slopes - 0.5 ac; Marina View Median - 0. 1 ac; & Broadway Medians - ~75 Page 13, Item/'s Meeting Date 4/11/0__9_0 increase of 13,273.26 hours. Furnishings. More frequent park playground equipment maintenance is necessary to keep play lots in a safe and playable condition (also includes fence maintenance). State law requires an on-going maintenance program by a Certified Playground Safety Inspector. The section will have two staff certified in the near future. Pruning & trimming. Additional pruning & trimming will preserve and protect the parks' shrubbery and provide a more aesthetic appearance. If shrubbery is not pruned on a regular cycle, the shrub' s growth is not controlled and creates obstructions, hiding places, and unaesthetic appearance. Im~ation check & adiustment. More frequent irrigation checks and maintenance will enable staff to maintain the irrigation systems at all City facilities to achieve an efficient and effective distribution of water. The benefits will produce some better looking tuff areas and a saving in water cost. Tuff renovation. Proper maintenance for parks containing softball/soccer fields requires annual tuff renovation because the tuff grasses are damaged from heavy usage. Improperly maintained sport tuff is more susceptible to tuff diseases and compacted soil. When the tuff exhibits these conditions, the result is a poor playing surface that contributes to sport injuries and an unaesthetic appearance. This condition exists because the current staff is unable to do the necessary tuff renovation on a regular basis. Chula Vista Community Park was the only park to receive tuff renovation during FY 96/97 and FY 97/98. This is also the case for FY 98/99 and the current fiscal year. Annual sport tuff renovation is necessary to: a. promote healthy root zones, thereby, enabling damaged tuff to regenerate faster; b. revitalize tissue growth, which is more tolerant of wear and tear from constant use; c. prevent soil compaction which helps water retention thus saving water cost; d. prevent germination and growth of undesirable weeds; e. provide safe and playable conditions for athletic facilities. Turf maintenance for other park tuff areas is scheduled quarterly during the warm months from March through October. However, during the winter months, Bermuda grass goes dormant and requires maintenance only once from November through February. Verti-cuttin~. Is a tuff renovation process of slicing and removing tuff thatch build up to allow for better irrigation percolation and oxygen to the plant. This process will be done on a monthly basis to the major sport fields to produce a better and safer playing surface. Other increases. Additional staff hours required for mowing, edging, blowing, aerating, and fertilizing. These tasks account for an increase of 1,524.31 desired hours annually. Increasing the frequency of aerating will alter the physical soil conditions in the parks and stimulate plant growth. Increasing the frequency of fertilizing will ensure that all plant materials are healthy and growing vigorously in the parks. Page 14, Item __ Meeting Date 4/11/00 H. Recommendations. As previously indicated in this report, the Parks section currently has 27 Park staff members (excluding supervisors). Based on the proposed staff/acreage ratio, 5.94 additional staff positions are now required to reach the desired maintenance levels for all current City parks through FY 2000/2001. The following alternatives are recommended to fill the current deficiency of 5.94 positions: 1. Addition of Marlsol Park. It is anticipated that Marlsol Park (6 acres) will be turned over to the City in May of 2000. Therefore, based on the proposed staff/acreage ratio, .52 additional staff is required. The department recommends filling this position with .52 of an FTE Gardener I position. The estimated cost is $2,6925 at Step A for the remainder of the current fiscal year beginning on May 1 and $21,5406 annually, thereafter, at Step E. Madsol Park will be added to the Rohr Park H Crew areas of responsibility when the Park is accepted for City maintenance. Small adjustments will be made to the other crews to equally distribute the workload. Note: 5.94 (starting deficiency) - 0.52 (gain) = 5.42 (remaining deficiency). 2. Contract landscape maintenance of all landscape road medians and l~arkways. The department proposes contracting out the maintenance of landscaped medians and parkways. Table 3 provides a summary of the landscaped medians, parkways and slopes presently being maintained by the section as well as the total annual hours required to meet the desired maintenance levels. A more detailed breakdown of each level of maintenance, the type of maintenance, and the total hours required annually is provided in Exhibits 15 and 16. 5 Based on .52 FTE Gardener I w/benefits. 6 Based on .52 FTE Gardener I w/benefits (includes 5% salary increase in Jan 2001). /;-/,-/ · ,;: Page 15, Item __ Meeting Date 4/l l/0__Q0 Table 4 - Landscaped Medians & Parkways Total Hours Desired Annually by Each Maintenance Level and Period March - Oct Nov - Feb SUMMARY SUMMARY OF Total Total Hours Total Hours Total Hours MAINTENANCE LEVELS Acres Desired Desired Desired Annually~*> AnnuallyI*~ Annually Level A - Show Case Area 0,00 0.00 0.00 0.00 Level 1 - Public Grounds 0.00 0.00 0.00 0.00 Level 2 - High Visitation Parks 0.00 0.00 0.00 0.00 Level 3 - Moderate Use Areas 0.00 0.00 0.00 0.00 Level 4 - Low Use Areas 0.00 0.00 0.00 0.00 Level 5 - Special Landscape 7.58 761.16 375.66 1,136.82 Level 6 - Sports Fields 0.00 0.00 0.00 0.00 TOTAL 7.58 761.16 375.66 1,136.82 (*) Assumes maintenance will be completed at same rate as FY 96/97 & FY 97/98 amounts - average. Based on data from Parpairs Report. As indicated in Table 3 above, contracting out the maintenance of these landscaped areas will make 1,136.82 staff hours available. As a result, this would reduce the staffing requirement by .717of a staff member. The staff time saved is equivalent to $29,4108 per year. It is estimated that a maintenance contract would cost approximately $54,4819 annually. This cost was derived from Open Space contract' s average cost for tuff maintenance per acre. Furthermore, contracting the landscaped medians and parkway areas removes City staff exposure in a heavy traffic environment. Staff hours saved will enable the Construction and Maintenance crew to complete needed park projects in a timely manner and allow for addition staff time to work crews to perform more routine tasks in their areas of responsibility. Note: 5.42 (starting deficiency) - 0.71 (gain) = 4.71 (remaining deficiency). 3. Contract out small pocket parks for existing and future parks. The department proposes contracting out the maintenance of four (4) existing small pocket parks and future pocket parks. Pocket Parks are small parks less than two acres with minimal amenities to serve intense residential areas. Provided in Table 4 is a summary of the small pocket parks presently being maintained by the section as well as the total annual hours required to meet the desired maintenance levels. A more detailed breakdown of each level of 7 Based on 1,136.82/1,608 (net labor hrs). 8 Based on .71 FTE Gardener I w/benefits (includes 5% salary increase in Jan 2001). 9 Based on memo dated 4/15/98:$5,570 ac/yr x 7.58 + 25% (administration). Page 16, Item J Meeting Date 4/11/0__9_0 maintenance, the type of maintenance, and the total hours required annually is provided in Exhibits 17 through 22. Table 5 - Small Pocket Parks Total Hours Desired Annually by Each Maintenance Level and Period March - Oct Nov - Feb SUMMARY SUMMARY OF Total Total Hours Total Hours Total Hours MAINTENANCE LEVELS Acres Desired Desired Desired A ually® Annually® Annually Level A - Show Case Area 0.00 0.00 0.00 0.00 Level 1 - Public Grounds 0.00 0.00 0.00 0.00 Level 2 - High Visitation Parks 0.00 0.00 0.00 0.00 Level 3 - Moderate Use Areas 0.65 104.94 38.50 143.44 Level 4 - Low Use Areas 0.88 247.59 113.59 361.18 Level 5 - Special Landscape 1.55 109.81 35.95 145.76 Level 6 - Sports Fields 0.00 0.00 0.00 0.00 TOTAL 3.08 462.35 188.04 650.39 (*) Assumes maintenance will be completed at same rate as FY 96/97 & FY 97/98 amounts - average. Based on data from Parpairs Report. As indicated in Table 4 above, contracting out the maintenance of these small pocket parks will make 650.39 staff hours available. Additional staff time is used traveling to and from these parks and unloading and loading equipment. Although it is estimated to be more than the actual staff time required to do the maintenance, this additional staff time has not been tracked. Staff believes it is appropriate to include this additional staff time in this analysis. Therefore, contracting out the small pocket parks would reduce the staffing requirement by .88m staff position. The staff time saved is equivalent to $36,4521~ per year. The estimated cost of contracting out the current small pocket parks is $41,271. Staff believes these costs will be considerably less than the above cost when bids are solicited. Small landscape contractors have the small equipment to handle the maintenance. Contracting out these small pocket parks would alleviate park staff from using the large tuff tractor mower in a very inefficient matter. The section' s equipment is better suited for large tuff areas. As a result, considerable time is spent on unloading and loading these tractor mowers. A small contractor is equipped with small movers to maintain these small areas. Note: 4.71 (starting deficiency) - .88 (gain) -- 3.83 (remaining deficiency). Based on 650.39 hrs x 2.2/1,608 (net labor hrs). Based on Gardener I @ E step w/5% in Jan 2001 (w/benefits)~ Page 17, Item / D Meeting Date 4/11/00 Staffing Alternative Scenario Provided below are the requirements and costs the City will incur if it chooses no_It to contact the maintenance of all landscaped road medians and parkways, and small pocket parks. A 2-person crew will be needed to maintain these areas even though the total staff time saved is only 1.58 FTE. a. Hire two (2) additional staff (Senior Gardener & Gardener I) as opposed to eliminating 1.58 positions. Estimated personnel cost is $94,352 annually plus an additional $2,848 for uniforms, safety supplies, and training, a total of $ 97,200. b. Purchase capital equipment such as a Crew Cab Truck ($24,850), 62-inch Toro Mulching Mower ($18,570), and a trailer ($5,500). Estimated cost is $48,920 (a one-time cost). c. Purchase small equipment (e.g. edger, weed eater, blower, pruner, sprayer, tools etc.). Estimated cost is $2,240. d. Purchase miscellaneous supplies costing an estimated $1,699. e. In addition, equipment malntenance and replacement are estimated at $15,500 annually. Therefore, continuing to maintain all landscaped road medians and parkways, and small pocket parks would cost approximately $162,700 the first full fiscal year and $112,700 annually, thereafter. However, contracting out these areas would cost approximately $95,752 annually ($54,481 for medians & $41,271 for small pocket parks) a saving of $16,948 in addition to offsetting the staffing requirement by 1.58 personnel. The Department will let out bids for the small pocket parks, if the cost is higher, the Department will return with a report for the additional staff required. 4. Weekend Restroom Assignment. The department has evaluated various options to maximize staff output and to address the weekend restroom issue. The following options were evaluated: a. Hire Six Seasonal Gardeners (two per district) equivalent to 1.20~ 2 FTE Gardener I positions. In this scenario, three seasonal gardeners would be hired every six months. Estimated cost is $4,7 1 513 at Step A for the remainder of the current fiscal year beginning on May I and 2 1 thereafter. Under this option, the Supervising Park Ranger Supervisor $3 , 78~4 annually, position will supervise the Seasonal Gardeners (adding the Supervising Park Ranger Supervisor position is recommended in this report). b. Contract out the weekend cleaning to a professional janitorial service. RFP's were sent to 12 Based on 16 hrs x 52 weeks x 3/2,080 total hrs. 13 Based on 1.20 FTE Gardener I w/o benefits. la Based on 1.20 FTE Gardener I w/o benefits (includes 5% salary increase in Jan 2001). · I T Page 18, Item ~ Meeting Date 4/I 1/0__Q0 ten different companies and only two responses submitted. One bid was for $69,000 and the other was $27,000. Staff evaluated both bids and concluded the low bid of $27,000 is not a realistic figure. The low bidder proposed using only one crew to do the job. One crew is insufficient to clean 17 restrooms and have them ready by 8:00 a.m. c. Perform weekend duty with three regular staff on a volunteer or rotating basis and pay overtime. Estimate cost is $58,652~5 annually. This option would not impact the regular week's work tasks. However, it would cause regular staff to work as many as 12 days in a row when they volunteered or were assigned weekend duty. The Department recommends option (a) because it is less expensive than options (b) or (c) on an annual basis. Note: 3.83 (starting deficiency) - 1.20 (gain) = 2.63 (remaining deficiency). As detailed below, adding new equipment should also reduce. 15 of the staffing deficiency. 2. Equipment Issue. Although the City has replaced equipment, no new (additional) equipment has been added to the section since 1994. The Eastlake Development Company paid for the only piece of new equipment (a Reel-Type Mower) added since that time (acquired in 1996). Therefore, in order for staff to be more efficient in maintaining landscaped and tuff areas of City parks, additional equipment is needed to keep these areas in an aesthetic, safe, and well-groomed condition. Also, new equipment is needed to provide safe and playable conditions for athletic facilities. The Parks section presently lacks equipment for litter control at Rohr Park. Rohr Park is the City' s most heavily used park week in and out for picnic shelter rentals and group picnicking. After each weekend, litter is strewed throughout the park property. Staff's litter control equipment is a manual paper picker. The litter-control task is a very time consuming process, but it is very important to keep the areas clean in and around the picnic shelters and the park in general. The Parks section presently does not have de-thatching equipment that can renovate tuff. Tuff renovation is presently done by hand. De4hatching promotes healthy tuff by removing the dead stolons. This will allows oxygen and water to penetrate into the soil. This is needed on softball and soccer fields in City parks annually to prevent soil compaction. Based on 16 x 52 weeks x 3 Gardener I @ E Step (overtime only). 16-fZ Page 19, Item ~ Meeting Date 4/11/0--0 The Parks section needs a Bobcat loader for park projects. Currently, when a loader is needed, the Parks section has to borrow the required equipment from either the Street or Wastewater sections. ff the equipment is being used on a street or wastewater project, park projects must be deferred or a loader must be rented. Due to growth in eastern Chula Vista Parks and the increase of softball fields, tot lots, irrigation renovations, a small loader readily available is essential to be proactive in providing a safe environment in the parks. A. Recommendations. 1. Purchase a Madvac 101-D. The Section currently has a Madvac 101-D and the Downtown Crew uses it exclusively. The Madvac would be a very cost effective method of litter control for the Rohr Park site. Rohr Park has several picnic shelter sites rented out during the peak season. This equipment will allow staff to keep areas in and around the shelters presentable. This equipment will be used to pick up litter such as bottles, cans, plastic, broken glass and paper. The Madvac will free up approximately 245 net hours of staff time or. 15 ~6 of a staff position. The estimated cost is $29,997. The saved staff time is equivalent to $6,21317 per year. Thus, the payback period is approximately five years. This piece of equipment will be used for new parks in the Eastern area. Equipment life is projected to be 10 years. Staff recommends placing this equipment in the equipment replacement fund. Note: 2.63 (starting deficiency) - .15 (gain) = 2.48 (remaining deficiency). 2. Purchase a Charter House Tuff Tidy & Gandy 1006T. The Charter House Tuff Tidy is a three-in-one-machine that will allow staff to scarify, aerify, and vacuum up loose and dead tuff. As previously indicated, de-thatching promotes healthy tuff by removing the dead stolons and allows air and water to penetrate into the soil. The equipment also has a brush attachment for sweeping leaves, pine needles, and other debris; and finally a top dresser/seeder for renovation projects. The estimated cost is $17,100. Equipmentlifeisprojectedto be 10 years. Staff recommends placing this equipment in the equipment replacement fund. It is estimated that no staff time will be saved using this equipment. 16 Based on 245 hrs/l,608 (net labor hrs). 17 Based on .15 FTE Gardener I w/benefits @ E Step (includes 5% salary increase in Jan 2001). Page 20, Item ~ Meeting Date 4/1 1~00 Note: 2.48 (starting deficiency) - 0.00 (gain) = 2.48 (remaining deficiency). 3. Purchase a 773 Bobcat Loader. The department is requesting a 773 Bobcat loader and trailer with the following attachments: a. Auger for digging holes for fence posts and small tree planting. b. Front bucket for moving and loading materials. c. Pallet forks formoving heavy objects such as pallets of fertilizer, picnic tables, trash receptacles, large specimen trees, etc. d. Jackhammer attachment to break-up hard soil and/or cement to repair irrigation lines. The 773 Bobcat Loader is a very versatile piece of equipment. It features a quick disconnect system which will allow staff to use several different attachments very quickly. The estimated cost with trailer and attachments is $30,734. Equipment life is projected to be 10 years. Staff recommends placing this equipment in the equipment replacement fund. It is estimated that no staff time will be saved using this equipment. Note: 2.48 (starting deficiency) - 0.00 (gain) = 2.48 (remaining deficiency). B. Remaining deficiency. As indicated above, a remaining deficiency of 2,48 staff positions still exists. Therefore, staff recommends filling the staffing deficiency with 2.48 Gardener I positions. Estimated cost is $12,837~s at Step A for the remainder of the current fiscal year beginning on May 1 and $102,72719 annually, thereafter, at Step E. Note: 2.48 (starting deficiency) - 2.48 (gain) = 0.00 (remaining deficiency). C. Summary. Based on this report, the Park Maintenance Section is requesting 4.20 FFE Gardener I positions. 3. Park Ranger Issue. In FY 94/95 the Park Ranger Supervisor position was frozen during the budget process, following the resignation of the incumbent Park Ranger Supervisor in January 1994. In lieu of this position, an additional $16,542 in part-time staff hours was provided to support the program at a reduced level. is Includes benefits. 19 Includes benefits + 5% salary increase in Jan 2001. Page 21, Item __ Meeting Date 4/11/0__Q0 The primary function of the Park Ranger Supervisor' s position was to function as the Department' s Public Relations Officer in the field, handling citizen complains, interpreting and enforcing park rules, and general park safety oversight. In addition, the Park Ranger Supervisor provided training, leadership, and coordination of pan-time staff used for the picnic reservations at Rohr Park, Voyager Park and Eucalyptus Park. Pan-time Ranger Aides provided supplementary park patrol function. The Park Ranger staff currently consists of a Lead Ranger and seven Ranger Aides( all pan-time). Since the elimination of the Park Ranger Supervisor position, the demands of the part-time Park Ranger staff have expanded considerably in providing additional security functions. Park security now is required to lock and secure all restrooms and or park gates at Marina View Park, "J" Street Marina, Bayside Park Bonita Long Canyon, Hilltop Park, Discovery Park, Chula Vista Community Park, and Rohr Park. This requires the part-time Park Ranger staff to work seven nights a week and the early morning hours on weekends or holidays when the permanent Park staff is off, to open the park gates and restrooms for the general public. The responsibility and need for Park Ranger Services will expand with the addition of new parks in eastern Chula Vista. New parks will have gated restrooms, parking lot gates and picnic shelters. Security service can be provided with the additional staff hours budgeted in 1995 when the full-time Part Ranger Supervisor's position was not filled. The Department has concerns with the part-time Park Ranger program as it is currently being operated. First, there is a leadership vacuum at night and on weekends to provide proper supervision, coordination, and training of pan-time staff without a permanent full-time Supervising Park Ranger. The City is dependent on a limited part-time Lead Ranger to provide the necessary leadership. Secondly, the Park Ranger's staff hours must be monitored carefully to avoidexceeding the City' s part-time 999-hour limit policy. This creates a major concern in scheduling of staff. This was not an issue when the City had a full-time Park Ranger Supervisor because part-time staff was scheduled to compliment the Park Ranger Supervisor' s days off and park reservations duties A. Recommendation. The department is requesting a full-time Supervising Park Ranger position. The Supervising Park Ranger position would plan, coordinate, schedule, train, supervise, and administer the Park Ranger Program. Responsibilities would also include closure of restrooms and park gates, handling citizen complains, interpreting and enforcing park rules, and providing general park safety oversight. The Supervising Park Ranger will also provide supervision of the weekend seasonal gardeners. The Supervising Park Ranger would supervise the special vendor permits (air-jumps) and the Picnic Reservation program at Rohr, Eucalyptus, Terra Nova, and Hilltop Parks, and an expansion of the picnic reservation program at new parks and provide park security at 35 parks. Responsibilities would also include collection and accounting of monies from tennis court coin meters (currently performed by Park Supervisors) training and supervising Park Ranger part-time staff, graffiti, incident and vandalism reports, and other reports as assigned. Page 22, Item __ Meeting Date 4/11/00 B. Revenue offset. It is estimated that the continued increase in picnic reservations and portable game permits to the new park areas, has the potential to generate $12~000 to 15,000 revenue. Staff proposes to make the FTE Park Ranger I position equivalent to a FFE Senior Gardener position. Therefore, the cost of a Park Ranger I position is estimated at $6,563'~° at Step A for the remainder of the current fiscal year beginning on May 1 and $52,93021 annually, thereafter, at Step E. FISCAL IMPACT: Contracting out the landscape maintenance of all landscape road medians, parkways, and small pocket parks is estimated to cost $15,960 for the remainder of the current fiscal year and $95,752 annually, thereafter. The staffing deficiency of 4.20 FTE Gardener I positions and a Supervising Park Ranger position will cost an estimated $26,807 for the remainder of the current fiscal year and $209,375 annually, thereafter. The cost of the Supervising Park Ranger will be offset by $12,000 to 15,000 increase in new picnic shelter revenue. Purchasing of safety supplies fornew employees will cost an estimated $4,47622 annually. The new equipment will cost an estimated $77,831 in initial cost and $10,000 annually for replacement and maintenance cost. Therefore, the Park Maintenance budget salary savings will provide funding of $51,361 and the Unappropriated General Fund Balance will provide $62,464 for the remainder of the current fiscal year. The total fiscal impact to the General Fund thereafter will be $344,32 1 (less revenue for picnic shelters) annually. The total fiscal impact to the Corp Yard DIF will be $15,367 for fifty percent (50%) of the purchase price of the Bobcat Loader for the current fiscal year. Attachments Parks (March - October) Maintenance Levels - Exhibits 1 through 7 Parks (November - February) Maintenance Levels - Exhibits 8 through 14 Landscaped Medians, Parkways & Slopes (March - Oct) - Exhibit 15 Landscaped Medians, Parkways & Slopes (Nov - Feb) - Exhibit 16 Small Pocket Parks (March - Oct) - Exhibits 17 through 19 Small Pocket Parks (Nov - Feb) - Exhibits 20 through 22 Memo dated 4/14/98 Backup data (all parks; FY 96/97 & FY 97/98) H:~SHARED~Public Works Operations~Al l3 Park Staffing Report fnl.doc 20 Based on I FTE Senior Gardener w/benefits. 21 Based on 1 FTE Senior Gardener; Includes benefits + 5% salary increase in Jan 2001. 22 Gardener I (3): Includes safety jackets, safety boots (2 pair), safety supplies (glasses, rubber boots, raingear, hearing protection, vests, & back supports), and laundry & cleaning services; Park Ranger I: uniforms $600. u.I ~ a.~J · ,.__ c'!.~.o.N.N.h,"tc!.~..~.c!.cq.~.~. -~-~ > ~mo~<o~ a , < n:E._j ~@-~ _.~ "~q"~-~'~.h~-~-~-qqqq~- ~.~= ® ~ oooooo~ooooooo,- n _-- .~04 ~.q ~Ci > a. o ~@~ ~oc0,,~c0o~c~oF.-~ooo a.O ............... 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TO: Engineering Open Space Landscape Maintenance Unit Pricing Estimates FOR CITY USE ONLY. No~O~ nQn_~C__i~Xd~!~i~_~,.o.._n', Code Descrip All inclusiv~ unit pricing-incl's all util, parts labor & administration, Cost/square ft./Year = Cost/acre/yeaz 1 Medians/Pkwys $ 0,297591/sq.ft./yr $12,960.00/ac/yr 2 Turf $ 0.6721131/sq.ft./yr $ 29,240.00/ac/yr 3 Slopes(irrig) $ 0.2073595/sq.ft./yr $' 9,030.00/ac/yr 4 Slopes (dry) $ 0.02169 /sq.ft./yr. $ 940.00/ac/yr reveg'd disturbed native slope OR naturalized former code 3 irrigated slope 5 Native $ 0.008439/sq.ft./yr. $ 37Ql. oo/ac/yr (undisturbed) Contract (landscape maintenance) cost only 1 $ O.1320018/sq.ft./yr. $ 5,750.00/ac/yr 2 $ 0.3934802/sq.ft./yr. $ 17,140.00/ac/yr 3 $ 0.0989439/sq,ft./yr $ 4 310.00/ac/yr 4 $ 0.0114784/sq.ft./yr $ 500.00/ac/yr 5 $ 0.0039026/sq.ft./yr $ 170.00/ac/yr These prices are EXCLUSIVE OF: endangered species preservation zones trail maintenance wall maint~Dance/fence maintenance repair of wrought iron view fencing sidewalk repair/replacement enhanced paving repair/maintenance monument lighting or repair post and rail fencing, maintenance/repair tennis courts supplemental lighting, repair/maintenance playground equipment and and other non landscape improvements RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING MAINTENANCE LEVEL FOR CITY PARKS AND OTHER PROPERTY AND A COMMENSUP~ATE STAFF/ACREAGE RATIO FOR RECENT AND FUTURE PARK DEVELOPMENT AND OTHER CITY PROPERTIES WHEREAS, the City Manager requested that the Public Works/Park Maintenance Section evaluate the current maintenance level at all parks, and what staffing level would be required to maintain parks at a higher maintenance level and the staffing ratio to meet the needs of future new parks; and WHEREAS, the Park Maintenance Section of Public Works has three major concerns: 1) staffing for existing and new parks, 2) the need for additional equipment, and 3) the need for a Supervising Park Ranger position. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby establish the following maintenance level for City Parks and other property: Level A. Show case Areas. The desired maintenance will remain the same as the current level of service but will also include verti- cutting annually. Level 1. Public Grounds. The desired maintenance provides weekly manicuring (mowing, edging, vacuuming, etc.) of the grounds on a year-round schedule, trash and litter control (twice per week), aeration (quarterly), fertilization (three times annually), pruning of shrubs (quarterly) and verti-cutting annually. Level 2. Hiqh Visitation Parks. The desired maintenance is characterized by weekly manicuring of the grounds, cleaning of restrooms seven days a week (twice a day), and weekly litter control. Turf maintenance (aerating and fertilizing) will be scheduled three times annually. Verti-cutting will be done annually. Level 3. Moderate Use Areas. The desired maintenance includes weekly manicuring of the grounds from March through October, daily restroom cleaning, and weekly litter control. Turf maintenance (aeration and fertilization) will be scheduled three times annually. Verti-cutting will be done at the same as Level 2. Level 4. Low Use Areas. The desired maintenance level is similar to that received by the moderate use areas from March through October. Maintenance will include weekly manicuring of the grounds, daily restroom cleaning, and weekly litter control. Turf 'f f maintenance (aeration and fertilization) will be scheduled three times annually. Verti-cutting will be done at the same as level 2. Level 5. SDecial LandscaDe Areas. The desired maintenance will include weekly pick-up of trash and litter, pruning of shrubs (quarterly), weekly inspection of irrigation systems, and the annual replacement of dead plant material. Turf maintenance (aeration and fertilization) and verti-cutting will be done annually. Level 6. SDort Fields. The desired maintenance includes weekly manicuring of turf areas, monthly scarifying of infield dirt areas, replacement, on an as needed basis, of the infield soil, and turf maintenance (aeration and fertilization) quarterly. Verti-cutting will be done monthly. BE IT FURTHER RESOLVED that a commensurate staff/acreage ratio for recent and future park development and other City properties is as follows: For each acre of parkland turned over to the City, .087 of a staff position must be added to reach the desired maintenance levels for all future parklands, or 1 FTE would be added for every 11.49 acres. Presented by Approved as to form by Public Works ~/ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A POLICY TO CONTRACT OUT MAINTENANCE OF LANDSCAPED MEDIANS AND SLOPES CURRENTLY MAINTAINED BY CITY CREWS AND AMENDING THE FY 99/00 PUBLIC WORKS DEPARTMENT BUDGET BY APPROPRIATING $9,080 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR BEGINNING MAY 1 WHEREAS, Public Works proposes contracting out the maintenance of landscaped medians and parkways; and WHEREAS, Table 4 of the Council Agenda Statement provides a summary of the landscaped medians, parkways and slopes presently being maintained by the City as well as the total annual hours required to meet the desired maintenance levels and a more detailed breakdown of each level of maintenance, the type of maintenance, and the total hours required annually is provided in Exhibits 15 and 16 of the Council Agenda Statement; and WHEREAS, as indicated in Table 4, contracting out the maintenance of these landscaped areas will make 1,136.82 staff hours available and, as a result, would reduce the staffing requirement by .71 of a staff member with the staff time saved equivalent to $29,410 per year; and WHEREAS, it is estimated that a maintenance contract would cost approximately $54,481 annually which cost was derived from Open Space contract's average cost for turf maintenance per acre; and WHEREAS, staff hours saved will enable the Construction and Maintenance crew to complete needed park projects in a timely manner and allow for addition staff time to work crews to perform more routine tasks in their areas of responsibility. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby establish a policy to contract out maintenance of landscaped medians and slopes currently maintained by City Crew and amending the FY 99/00 Public Works Department budget by appropriating $9,080 from the unappropriated fund balance of the General Fund for the remainder of the current fiscal year beginning May 1. Presented by Approved as to form by John P. Lippitt, Director of eny, Cit y Public Works / RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A POLICY TO CONTRACT OUT MAINTENANCE OF SMALL POCKET PARKS FOR EXISTING AND FUTURE PARKS AND AMENDING THE FY 99/00 PUBLIC WORKS DEPARTMENT BUDGET BY APPROPRIATING $10,998 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR BEGINNING MAY 1 WHEREAS, Public Works proposes contracting out the maintenance of four (4) existing small pocket parks and future pocket parks; and WHEREAS, Pocket Parks are small parks less than two acres with minimal amenities to serve intense residential areas; and WHEREAS, Table 4 of the Council Agenda Statement is a summary of the small pocket parks presently being maintained by the City as well as the total annual hours required to meet the desired maintenance levels and a more detailed breakdown of each level of maintenance, the type of maintenance, and the total hours required annually is provided in Exhibits 17 through 22; and WHEREAS, as indicated in Table 4 above, contracting out the maintenance of these small pocket parks will make 650.39 staff hours available with additional staff time used traveling to and from these parks and unloading and loading equipment; and WHEREAS, therefore, contracting out the small pocket parks would reduce the staffing requirement by .88 staff position which is equivalent to $36,452 per year; and WHEREAS, the estimated cost of contracting out the current small pocket parks is unknown at this time, but staff believes these costs will be considerably less than the present staff cost when bids are solicited; and WHEREAS, if the bids are higher, City staff will continue to maintain the areas and will return to Council and request the staffing and equipment necessary. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby establish a policy to contract out maintenance of small pocket parks for existing and future parks and amending the FY 99/00 Public Works Department budget by appropria- ting $10,998 from the unappropriated fund balance of the General Fund for the remainder of the current fiscal year beginning May 1. Presented by Approved as to form by RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 99/00 PUBLIC WORKS DEPARTMENT BUDGET BY TR/~NSFERRING $31,283 FROM THE PARK MAINTEN~2qCE SECTION SALARY SAVINGS FOR THE REMAINDER OF THE CURRENT FISCAL YEAR BEGINNING MAY 1 AND APPROVINGADDITIONAL STAFF AND SUPPLIES FOR THE PARKS MAINTENANCE SECTION OF PUBLIC WORKS WHEREAS, Public Works staff has determined that maintenance levels under existing parks is inadequate; and WHEREAS, several new parks will be added over the next twenty years; and WHEREAS, in FY 94/95 the Park Ranger Supervisor was frozen during the budget process due to the resignation of the incumbent; and WHEREAS, Public Works is now requesting a full-time Supervising Park Ranger position which position would plan, coordinate, schedule, train, supervise, and administer the Park Ranger Program; and WHEREAS, responsibilities would also include closure of restrooms and park gates, handling citizen complains, interpreting and enforcing park rules, providing general park safety oversight and supervision of the weekend seasonal gardeners. WHEREAS, staff proposes to make the FTE Park Ranger I position equivalent to a FTE Senior Gardener position, therefore, the cost of a Park Ranger I position is estimated at $6,563 at Step A for the remainder of the current fiscal year beginning on May 1 and $52,930 annually, thereafter, at Step E. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 99/00 Public Works Department budget by transferring $31,283 from the Park Maintenance Section Salary Savings for the remainder of the current fiscal year beginning May 1 and approve the addition of 4.20 FTE Gardener I positions and one FTE Supervising Park Ranger positions. Presented by Approved as to form by John P. Lippitt, Director of J . aheny, Cit ~A~C~' ey Public Works ~/ ~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 99/00 PUBLIC WORKS DEPARTMENT BUDGET BY APPROPRIATING $15,367 FROM THE UNAPPROPRIATED FUND BALANCE OF THE CORP YARD DIF FUND AMD APPROPRIATING $62,464 FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND AND APPROVING THE PURCHASE OF ADDITIONAL EQUIPMENT WHEREAS, although the City has replaced equipment, no new (additional) equipment has been added since 1994; and WHEREAS, in order for staff to be more efficient in maintaining landscaped and turf areas of City parks, additional equipment is needed to keep these areas in an aesthetic, safe, and well-groomed condition and new equipment is needed to provide safe and playable conditions for athletic facilities; and WHEREAS, the Parks section presently lacks equipment for litter control at Rohr Park and since it is the City's most heavily used park for picnics, staff is recommending the purchase of a Madvac 101-D which will be a cost effective method of litter control; and WHEREAS, the Parks section does not have de-thatching equipment that can renovate turf and recommends the purchase of a Charter House Turf Tidy & Gandy 1006T which will allow staff to scarify, aerify, and vacuum up loose and dead turf; and WHEREAS, the Parks section needs a Bobcat loader for park projects due to the growth in eastern Chula Vista Parks and the increase of softball fields, tot lots, irrigation renovations, a small loaded readily available is essential to be proactive in providing a safe environment in the parks and recommends the purchase of a 773 Bobcat Loader. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 99/00 Public Works Department budget by appropriating $15,367 from the unappropriated fund balance of the Corp Yard DIF Fund and appropriating $62,464 from the unappropriated fund balance of the General Fund and approving the purchase of a Madvac 101-D, Charter House Turf Tidy & Gandy 1006T and a 773 Bobcat Loader. Presented by Approved as to form by John P. Lippitt, Director of J M. ' torney Public Works H: \home\attorney\reso\parkmain ] I ] · Ir COUNCIL AGENDA STATEMENT Item ~/ Meeting Date 4/11/00 .. ITEM TITLE: Resolution Approving the name change of a portion of Cordova Drive to Verano Drive SUBMITTED BY: Director of Public Worked/~/// REVIEWED BY: City Mana~(r (4/5ths Vote: Yes__No X ) A problem with addressing along Cordova Drive in Rancho Del Rey Spa I/I was brought to City staff's attention on August 26, 1999. In order to correct this problem, staff proposes to change the street name of the portion of Cordova Drive south of East "J" Street to Verano Drive. 'Cordova Drive is an existing public street and, therefore, requires City Council action to change. The Environmental Projects Manager has determined that the project is exempt under Section 15301 Class I(c) of CEQA because it involves only a minor alteration of an existing street involving no expansion of its use. RECOMMENDATION: That the City Council adopt the resolution approving the name change of the portion of Cordova Drive south of East "J" Street to Verano Drive. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission considered this proposal on March 22, 2000 and voted 6-0-1 in favor of recommending that the City Council approve the name change of a portion of Cordova Drive to Verano Drive. DISCUSSION: On August 26, 1999, the Mayor's office received a complaint via e-mail from a resident that they were having problems with mail deliveries at their home on Cordova Drive in Rancho Del Rey Spa 1]I. Upon inspection by Engineering staff, it was discovered that the problem was due to the fact that 900 series addresses existed on Cordova Drive on segments both north and south of East "J" Street (see Exhibit A). Although no two addresses are repeated, having 900 numbers north and south of East "J" Street causes confusion for postal and other miscellaneous deliveries. After receiving the complaint, staff determined the address problem was created in 1995 due to confusion about the sequence of development for this portion of Rancho Del Rey Spa III. Addresses were assigned along Cordova Drive in three phases; first phase was Cordova Drive south of East "J" Street, second phase was north of East "J" Street up to Dorado Way and the last phase was from Dorado Way to its terminus at the cul-de-sac. At the time the second phase was addressed (East "J" Street to Dorado Way), it was not expected that Cordova Drive would continue further to the east. At the time the last phase was created, staff had no other choice than to continue the decreasing addressing sequence to the end of Cordova Drive. This resulted in 900 series addresses both north and south of East "J" Street. Page 2, Item// Meeting Date adll/00 Staff consulted the Police and Fire Departments to determine if this addressing situation posed a problem that could result in delayed response times. Both departments indicated that emergency response times could be delayed because the emergency unit could possibly make the wrong turn onto Cordova Drive from East "J" Street. If this were to happen, the emergency unit might possibly be delayed up to a few minutes before reaching the residents with the emergency. Both departments also strongly urged that this situation be rectified by means of changing address numbers or changing the street name of either the north or south half of Cordova Drive. Staff determined it would be best to make the address changes to the residents on the south half of Cordova Drive because it would affect less overall people. There are 19 homes on Cordova Drive south of East "J" Street versus 34 homes on the north side. A certified letter was mailed to the Cordova Drive residents south of East "J" Street in September 1999, indicating the City was proposing to change their street address number in order to rectify the address situation. Staff then received numerous complaints from these residents about that proposal. It was then decided to hold a public meeting with the residents to explain the importance and reasoning behind the address change. This public meeting was held on December 9, 1999, and included City representatives from the Police and Fire Departments, Engineering Division and the Mayor's office. Unfortunately, only 3 out of the 19 affected residents attended this meeting. After the various City representatives explained the importance of the address change, the residents present concurred something had to be done. One of the residents at the meeting asked if there would be compensation to help in the cost of new mailing labels for personal and home business correspondence. Staff indicated that it was not normal procedure to pay home and business owners for address changes, but that we would review the requst and get back to the residents. After further consultation with various City departments, it was determined that it would not be appropriate to reimburse the residents for the street name change. The residents at the public meeting requested instead of changing the address numbers on the houses, that the name of the street be changed instead. Staff agreed that changing the street name would work equally as well as changing address numbers. This alternative would also be less costly for the residents since they would not have to physically change the address numbers on their homes. Staff suggested that the street name be changed to Camino Atajo, which is the name of the adjoining street and would create a continuous loop. The residents did not like Camino Atajo and asked if they could choose a new street name. Staff said they could pick a new street name as long as a majority of the residents voted in favor of the name they picked and the new name was not in conflict with other existing street names. One of the residents at the public meeting, Mrs. Lisa Davis from 941 Cordova Drive, offered to coordinate the street name choosing and take a vote among all the affected residents. On February 2, 2000, Mrs. Davis sent staff an e-mail with a list of three new street name options that the residents voted 9 to 6 in favor of. Their first choice, Verano Drive, was reviewed by appropriate city staff and found to be acceptable. /i- 2-- Page 3, Item/] Meeting Date adlm6 Standard public heating notifications were published prior to the Planning Commission hearing on March 22, 2000. In addition, the affected property owners were notified by specific letter the week of March 26, 2000 regarding staffs proposal of recommending Verona Drive as the new street name to City Council (see Exhibit B). Conclusion Staff recommends that the City Council approve the name change of the portion of Cordova Drive south of East "J" Street to Verano Drive for the following reasons: · This name change will end the confusion that exists today due to 900 series addresses on Cordova Drive both north and south of East "J" Street. · The name change will eliminate possible emergency response delays due to address confusion. · The name change will eliminate delays in mall and other package deliveries to the area. FISCAL IMPACT: The City has absorbed staff time costs to process this name change proposed since this was a City initiated problem. Attachments: 1. Planning Commission Resolution 2. Locator Map 3. City Council Resolution H:~HOMEXENGINEERXAGENDA\CORDOVA_SLy.doc // EXHIBIT "B" March 29, 2000 File # 0740-66-LY079 FIELD(l) STREET NAME CHANGE OF CORDOVA DRIVE TO VERANO DRIVE On September 15, 1999, the City mailed a letter to you explaining an addressing problem on Cordova Drive. On December 9, 1999, the City held a public meeting with residents of Cordova Drive, south of East "J" Street to discuss a solution addressing problem. At the public meeting, it was decided to change the street name instead of changing the house numbers. Residents at the meeting requested to be able to choose the new street name and the City accepted this request. Mrs. Lisa Davis, resident at 941 Cordova Drive, offered to act as the coordinator for soliciting street name proposals from the residents involved. On February 2, 2000, I received an e-mail message from Mrs. Davis informing me the residents voted on a new street name and that the majority voted for VERANO DRIVE as the first choice. Verano Drive was found to be acceptable by all affected City departments and was presented and accepted by the City Planning Commission on the meeting of March 22, 2000. This letter was expected to be mailed to you and the other Cordova Drive residents before the Planning Commission made a decision, but was inadvertently delayed until now. Before the name change can be made final, it will have to be approved by the City CounciI. The City Council will hear the name change proposal and make a decision on the Council meeting of April 11, 2000. This meeting will be held in the Council Chambers of the Public Sen,ices Building, 276 Fourth Avenue located at the northwest comer of Fourth Avenue and F Street. The meeting will begin at 6:00 p.m. and is open to all members of the public. I will notify you again by mail after the City Council has made a decision weather or not to accept the name change proposal of the south half of Cordova Drive to VERANO DRIVE. Once the name change is approved, you will have one year to change your address to the new street name on all your personal correspondence. During this time you will receive mail addressed to both Verano Drive and Cordova Drive. If you have any questions regarding this letter or need directions for the City Council meeting, please contact Silvester Evetovich, Civil Engineer at 691-5115. CLIFFORD L. SWANSON DEPUTY PUBLIC WORKS DIRECTOWCITY ENGINEER Certified return receipt mail cc Armando Buelna, Assistant to the Mayor John Lippin, Director of Public Works H:\HOME\ENGINEERXPERjvlITS\CORDOVA3.FRM 1/-5 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE NAME CHANGE OF A PORTION OF CORDOVA DRIVE TO VERANO DRIVE WHEREAS, a problem with the addresses along Cordova Drive in Rancho Del Rey SPA III was brought to City staff's attention on August 26, 1999; and WHEREAS, in order to correct this problem, staff proposes to change the street name of a portion of Cordova Drive south of East "J" Street to Verano Drive; and WHEREAS, Cordova Drive is an existing public street and, therefore, requires Planning Commission/City Council action to change the name; and WHEREAS, the Environmental Projects Manager has determined that the project is exempt under Section 15301 Class I(c) of CEQA because it involves only a minor alteration of an existing street involving no expansion of its use. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the name change of the portion of Cordova Drive south of East "J" Street to Verano Drive. Presented by Approved as to form by / John P. Lippitt, Director of M. Kahe Public Works H: \home\attorney\reso\cordova.chg COUNCIL AGENDA STATEMENT Item No.: i Meeting Date: 4/11/00 ITEM TITLE: Resolution Amending the FY 99-00 Budget of the Harming and Building Department to add a General Plan Project Manager position, the Community Development Department to add a Senior Planner position, and the Engineering Division of Public Works to add a Civil Engineer (Transportation Planner) position all to be funded through salary savings and appropriating $19,100 from the available fund balance of the Public Facilities Development Impact Fee Fund for related equipment and directing staff to initiate the comprehensive update of the City of Chula Vista Gene~cal Plan SUBMITTED BY: Director of Planning and Building A~ Director of Community Development Director of Public Works REVIEWED BY: City Manager5 {C (~u (4/5ths Vote: Yes X No ) The General Plan provides the long-term blueprint for the physical development of the City, typically covering a twenty-year period. A comprehensive update of the General Plan is critical at this time, for a number of reasons: 1. The rapid growth in the eastern part of the City needs to continue to be carefully planned, and community concerns (i.e. the rate of growth and associated traffic impacts, the east/west polarization of the community) need to continue to be addressed. 2. It provides an excellent opportunity to thoroughly evaluate plans for adjoining areas such as Eastern Otay Mesa. 3. The western portion of the community is in need of revitalization through careful planning and public/private investment; 4. A "vision" should be developed for each of the City Redevelopment areas so that desirable businesses can be recruited and necessary public improvements can be constructed during the current strong economy. The update of the City's General Plan also provides an excellent opportunity to communicate with citizens regarding progress made since the last General Plan Update (1989) and to hear how they want their neighborhoods and the City as a whole to develop in the future. ./>- / Page 2, Item No.: / ~ Meeting Date: 4/11/00 RECOMMENDATION: That the City Council adopt the resolution amending the FY 99-00 Budget of the Planning and Building Department to add a General Plan Project Manager position, the Community Development Department to add a Senior Planner position, and the Engineering Division of Public Works to add a Civil Engineer (Transportation Planner) position all to be funded through salary savings and appropriating $19,100 from the available fund balance of the Public Facilities Development Impact Fee Fund for related equipment and directing staff to initiate the comprehensive update of the City of Chula Vista General Plan BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Although some of the individual elements of the General Plan (i.e. Otay Ranch General Development Plan in 1993) have been updated and the Housing Element is currently undergoing an update, the General Plan has not been comprehensively updated since 1989. Since that time a great deal has occurred, i.e. growth in population of approximately 26,000 or 27% percent, growth through annexation of 20~ square miles or 66%, as well as changes in the demographic make-up of the community. It is staff's belief that now is the time to re- evaluate where we are as a City and work with the citizens to determine the future course. Proposed Course of Action: The comprehensive update of the City's General Plan is a massive effort requiring substantial investments in time, as well as staff and consultant resources. Attached (Attachment 2) you will find an outline of a proposed draft work program which was created with the input of the Planning and Building, Community Development and Public Works Departments. The purpose of this outline is to provide the general steps for the General Plan Update. It is not, however, detailed enough to create an accurate estimate of all of the various steps, time-frames and costs. It is for this reason that staff recommends that we utilize a two-step process for determining staffing, consultant and financial requirements. The first step can be taken this evening by approving the staffing requests for the Planning and Building Department, Community Development Department and the Engineering Division of Public Works for the following positions: Planning Division General Plan Project Manager Engineering Division Civil Engineer (Transportation Planner) Community Development Dept. Senior Planner The General Plan Project Manager position would be an "at-will" position, which will be retained through the completion of the General Plan Update (approximately 3 years). The Transportation Planner position is a permanent position, which would initially play an important part in the update of the Circulation Element of the General Plan, as well as assisting Page 3, Item No.: /~ Meeting Date: 4/11/00 in the update of the Land Use Element by providing information regarding the traffic impacts of land use alternatives. This individual would later be involved in general transportation planning issues such as subdivision, CIP design and traffic monitoring associated with new development. The Senior Planner position in Community Development is proposed as a permanent position, which would initially concentrate on developing the comprehensive General Plan Update and later would participate in its implementation as well as the management of major economic/redevelopment projects. In the recruitment of the above individuals we would emphasize experience with previous General Plan Updates or planning efforts of a similar scale. The second step would involve this core group working with the executive support of the Department Directors and the direct oversight of the Assistant Directors to complete a detailed work program, which would include all critical steps, time-frames, needed resources (such as consultant services) and costs. It is staff's belief that utilization of this core group to determ'me an accurate work program is the most cost-effective and expeditious way to proceed. These individuals would also be the lead group on the update effort and later be deeply involved in implementation. One of the key components will be the public participation strategy. Public participation is critical to the success of the comprehensive General Plan Update effort. The City is only legally required to hold public hearings at the Planning Commission and City Council levels. Staff will, however, prior to commencement of the update provide the City Council with recommended options to maximize community input. These options will be designed to insure that input is received from all segments of the community including residents, property owners and businesses. Staff will contact other cities and counties who have recently conducted comprehensive General Plan updates in order to learn what they have determined were the most effective methods to increase public participation. The total cost of the comprehensive General Plan Update is estimated to be between 1.5 to 2 million dollars over a 2 to 3 year period. It is anticipated that a significant portion of the costs will be offset by sources other than the General Fund. For example, staff has applied for a planning grant to determine the appropriate densities, land uses and infrastructure to enhance transit usage. This information would be incorporated into the Land Use Element. Another example is the on-going creation of the Parks Master Plan, which will be an important component of the public services strategy and is in part being funded by the development community. Other potential funding sources include the Public Facilities Development Impact Fees, Transportation Development Impact Fees, housing funds, Redevelopment monies, transit funds, sewer and storm drain funds. Obviously, one of the key components of the work program, which will be created by the core group is developing a comprehensive and detailed accurate cost estimate based on the appropriate usage of all available funding sources. /2 -3 Page 4, Item No.: /~q- Meeting Date: 4/11/00 Although the four proposed new staff members would be responsible for creating the detailed work program, the following are general steps that would likely be components of the update: Process 1. Establishment of overall goals and identification of major issues Working with the City Council and the Planning Commission, staff would idemify the major issues which should be addressed in the General Plan update. Staff would also work with these bodies to review the goals in the existing General Plan in order to determine which ones need to be updated, deleted or what new goals should be added. 2. Development of City-wide studies It is critical that Citywide baseline studies are completed in order to determine the current status of the City's infrastructure (i.e. water, sewer, roads) and to act as a basis from which to plan to meet future demands. These studies will also provide information on how the face of the City has changed over the past 10 years (demographic make-up, household size, income levels, etc.) and what we can expect for the future. The City has already completed the Library and Fire Master Plans and embarked on a number of others, such as, updating the Housing Element, the Economic Development Strategy, the Parks Master Plan and Greenbelt Master Plan and the Police Department strategic plan. There are additional studies, however, that need to be undertaken. The following is a brief description (based upon the draft General Plan Work Program) of each grouping of Citywide studies. a. Demographics/Housing Profile This compilation of information and subsequent analysis will point out important information in terms of the makeup of the community as a whole and the various communities in terms of ethnicity, age, income levels, household sizes, etc. This information will be looked at in three basic time periods. First, since the last General Plan Update in 1989; second, the current situation; third, the trends/projections. b. Economic Development Strategy This strategy will be based upon an economic development strategic plan, which is currently being initiated by the Community Development Department. The strategic plan will help us create a vision for shaping the City's economic development future and also include priorities, programs and policies for implementation. This is particularly important as it will be utilized to determine the appropriate mix and Page 5, Item No.: /¢~' Meeting Date: 4/11/00 location of commercial/office/industrial uses. It is important that the types of commercial or industrial development are consistent with the City's needs in terms of the economic benefits, the job production and meeting the service needs of the community. c. Transportation Strategy The initial thrust would be to determine the current capacities and levels of service for the City's current and projected roadway system. We will also needs to look at what additional roads are planned and may be needed to support the growth produced within the City and subregion as a whole. The strategy will also incorporate existing and future planned mass transit programs as well as future opportunities (i.e. light-rail transit, bus transit). The transportation strategy will evaluate the use of transportation demand management principles such as staggered work hours, telecommuting, etc. d. Public Services Strategy It is important as the City grows/changes over the next 20 years that there is an understanding of the current condition of public services as well as the projected need. In the outline, six specific items are listed under the strategies. The majority of these (i.e. Parks Master Plan, Greenbelt Master Plan, Police and Fire Master Plan, etc.) are already underway, or are completed. It will also be necessary to determine the current and projected future needs for non-City service agencies such as schools, and water districts. A thorough analysis of infrastructure deficiencies/needs such as sewers, water, storm drains, etc. within existing urban areas will also be provided. e. Environmental and Open Space Strategy This strategy would incorporate the number of programs that the City is currently actively engaged in such as the MSCP Subarea Plan, the Otay Valley Regional Park development, Park Planning Plan, and CO2 Reduction Plan strategies. This strategy would both evaluate and identify the importance that the open space system provides to the City by creating natural buffers between developed areas, providing visual relief, and providing habitat areas. f. Land Use Distribution Strategy The City has been a leader in implementing many aspects of "Smart Growth" such as the new urbanist planning efforts in Otay Ranch. The Land Use Distribution Strategy will identify other opportunities, which will provide both local and regional benefits. One example is the transit-oriented planning concepts. Through utilization of these concepts, the City can plan to intensify the density of housing closer to mass transit (i.e. trolley stations, light-rail) and in the downtown. It will also provide the services · I r Page 6, Item No.: Meeting Date: 4/11/00 and streetscape, which will create a pedestrian-friendly atmosphere to take people from their homes to business and to the transit stations. The Land Use Distribution Strategy will also provide guidance as to the appropriate land uses and densities in western Chula Vista to facilitate both redevelopment and rehabilitation efforts. g. Updated Fiscal Impact Model Development of an updated fiscal impact model is critical in order to determine the benefits/detriments associated with various types of land uses. This would be utilized as tool in developing the General Plan Land Use Element. This model would later serve as a tool that would be utilized in evaluating on a general basis the costs/benefits associated with any proposed major development or requested changes in land use. The fiscal impact model will also provide information on development phasing and associated infrastructure needs. The model will help determine if the revenue generated from new development is adequate to finance the needed Capital Improvements associated with new construction. 3. Development of Community Vision Plans Every City is made up of a number of smaller communities; Chula Vista is no exception. It is important to determine the needs of the various communities. It is also important to realize what the constraints and opportunities for each community are. The first stop in the development of the vision plans is to identify the various communities and their boundaries. The communities which are listed in the attached draft work program are based upon those which were identified in the 1989 General Plan as well as additional ones staff felt should be listed. This list should be thoroughly evaluated, however, to see if the communities and their boundaries have changed (i.e. this can occur based on new development, redevelopment, demographic changes, etc.). The base-line studies referred to above will provide important information regarding the current status of the individual communities. Armed with this information, staff would work with the citizens to develop individual community "vision plans". These "vision plans" would not be extremely detailed, but are intended to show each individual community's desires in concert with overall City needs can best be addressed. Although detailed planning and implementation efforts would later be completed in a number of these areas (i.e. the redevelopment areas, these "vision plans" would assist the City Council and staff immediately in the following ways: t T I · Ir Page 7, Item No.:/~ Meeting Date: 4/11/00 a. By helping determine whether a development proposal for the area is consistent with the adopted vision, whether it is feasible, and what (if any) level of financial support or other assistance the City should provide. b. By assisting in development of the City's Capital Improvement program by providing clear direction for targeting monies for infrastructure improvements. c. By making it known to the residents of the individual communities that the City is interested in understanding what their, issues, concerns and desires are. 4. Development of General Plan Alternatives a. Land Use Element alternatives would be developed that incorporate the vision plans and other existing and proposed amendments to the City's Land Use Element (i.e. Otay Ranch, Eastern Urban Center/University site modifications) would be completed. b. Circulation, public facility, open space/conservation, and other element alternatives would be created to support the land use element. 5. Development of Draft Environmental Impact Report. The Draft Environmental Impact Report would be prepared in such a manner that it would not only support the review and adoption of the General Plan, but also could be used as a base document in support of later other more specific planning efforts (i.e. SPA plans, Specific Plans). 6. Development of Final Draft General Plan. The Final Draft General Plan would be prepared based upon the preferred alternatives. It would incorporate all of the elements required by State law as well as others deemed necessary by the City Council and City staff. 7. Public hearings and adoption Public hearings would be held on the Draft EIR and the Draft General Plan at both the Planning Commission and City Council levels. The public hearings will enable further public input to be provided. At the conclusion of the hearings, the documents could be certified/approved. FISCAL IMPACT: The comprehensive General Plan update is estimated to cost approximately 1.5 to 2 million dollars over a two to three year period. A detailed cost and funding analysis will be a part of the work program. The funding will come from several sources, such as the General Fund, grant monies, Redevelopment Funds, Development Impact fees, sewer and water funds and Transit funds. Page 8, Item No.: /~Q~ Meeting Date: 4/11/00 With the addition of the three positions, the City will incur $19,100 in non-recurring costs that will be funded by the Public Facilities Development Impact Fee Fund to purchase staff equipment. The total staff costs for the remainder of the fiscal year total ($43,922) will be funded by salary savings. Starting in FY 00-01, the annual staff costs for the three positions will be $263,524 ($100,972 for the Planning and Building Department, $79,393 for the Community Development Department, and $83,159 for the Engineering Division of Public Works). The General Fund is the primary source for the first year staff'rag costs. It is anticipated, however, that for a portion of these costs, the General Fund will be reimbursed by other funding sources. Attachments 1. Draft General Plan Update Work Program H:\HOME\PLANNING~Jim\General Plan Update.doe GENERAL PLAN UPDATE WORK PROGRAM PROCESS 1) Establish overall goals and identify major issues to be addressed in General Plan Update (1-2 months) 2) Prepare Citywide studies (6-9 months): a) Dsmographic / housing profile b) Economic Development Strategy (Business Response Team project) c) Transportation Strategy: i) Level of Service standards ii) Roart~ iii) Light-rail Transit iv) Bus Transit v) Tran~ormtion Demand Management d) Public Services Strategy i) Par'ks Master Plan ii) Greenbelt Master Plan iii) Police and Fire Master Plan iv) Schools v) Libraries vi) Analysis of infraslructure deficiencies in existing urban areas (water, sewers, ~orm drainage) e) Environmental and Open Space Strategy, incorporating: i) Multiple Species Conservation Pro_m-am Subarea Plan ii) Otay Valley Regional Park iii) CO2 Reduction Plan Strate~es iv) Water Conservation Plan ~m.fidelines f) Land Use Distribution Strategy i) Tramit-oriented development concept ii) Other concepts g) Updated Fiscal Impact Model 3) Develop community "vision plans" (9-12 months): a) Bayiont b) Town Centre I / II c) Northwest Chula Vista - Lower Sweetwater Valley d) Broadway Corridor e) Southwest - Montgomery f) West Field g) Otay Valley Road h) Bonita i) East Otay Mesa j) Otay Ranch Proctor Valley Parcel (Resort Area, Village 14) z~) Prepare draft G~n~ral Plan alternatives a) Prepare Land Use Elem~nt alternatives (1-2 months) i) Incorporate vision plans from Section 4 ii) Incorporate other existing and proposed amendments lo Land Use Elment (e.g., Otay Ranch EUC / University Site modifications) b) P,~pare draft Circulation, Publi_c Facility, Open Space / Conservation, Noise, Growth Management, and Safety Element alternatives to support Land Use Element alternatives (1-2 months) 5) Prepare draft EIR (5-7 months) 6) Prepare final draft General Plan document (1-2 months) 7) Hold public hearings on draf~ G~-'neral Plan and a) Plauning Commission (1-2 months) b) 'City Council (1-2 months) Total Elapsed Time: 26 to 42 months PUBLIC PARTICIPATION Public Workshops - Goals and issues, Citywide Studies Ad Hoe Committees - Community Vision Plans planning Commission and City Council public hearings STAFFL'NG / STRUCTURE Exeentive Management Team - George Krempl, Bob Leiter, Chris Salomone, John Lippitt Management Team- Jim Sandoval, Lyle Haines, Cliff Swanson Project Managers: Overall Coordination - New Principal Planner (Planning Division) Citywide Studies - Duane Bazzel, Ed Batcheider, Cheryl Dye, New Transportation Planner~ New Civil Endricer (Engineering Division) Comrnullily Visioll Plans - New Principal Planner (Planning Division), New Senior Planner (Community. Development), Engineering Staff ElK - Marilyn Ponseg~ /~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 99-00 BUDGET OF THE PLANNING AND BUILDING DEPARTMENT TO ADD A GENERAL PLAN PROJECT MANAGER POSITION, THE COMMUNITY DEVELOPMENT DEPARTMENT TO ADD A SENIOR PLANNER POSITION, AND THE ENGINEERING DIVISION OF PUBLIC WORKS TO ADD A CIVIL ENGINEER (TRANSPORTATION PLANNER) POSITION ALL TO BE FUNDED THROUGH SALARY SAVINGS AND APPROPRIATING $19,100 FROM THE AVAILABLE FUND BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND FOR RELATED EQUIPMENT AND DIRECTING STAFF TO INITIATE THE COMPREHENSIVE UPDATE OF THE CITY OF CHULA VISTA GENERAL PLAN WHEREAS, the last comprehensive update of the General Plan occurred over ten years ago; and WHEREAS, an update is warranted due to several factors including growth in the eastern part of the City, economic development opportunities and the need to revitalize the western portion of the City; and WHEREAS, staff is recommending an update to the City's General Plan, which requires overall project coordination from the Planning Division of the Planning and Building Department b.y a new "at will" position of the General Plan Coordinator and assistance from the Community Development Department by one new Senior Planner position; and the Public Works Department by one Civil Engineer (Transportation Planner) position. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves the amendment to the FY 99-00 budget: adding one General Plan Project Manager position to the Planning and Building Department, one Senior Planner position to the Community Development Department; and one Civil Engineer (Transportation Planner) position to the Public Works Department and appropriating $19,100 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 initiate the comprehensive update of the City of Chula Vista General Plan. Presented by Approved as to form by Robert A. Leiter Planning and Building Director H: \home\attorney\reso\gpupdate T T I · IT COUNCIL AGENDA STATEMENT Item No.: /3 Meeting Date: 4/11/00 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 X City Manage~ (4/5ths Vote: Yes No-X...l REVIEWED BY: 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 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. The Environmental Review Coordinator has determined that the use of the property as described in the subject agreement was previously considered in the Otay Ranch General Development Plan/Subregional Plan Program EIR 90-01. 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 aI. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Maior Terms of Agreement 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 (IOD) is to Page 2, Item No.: Meeting Date: 4/11/00 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 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. Article 2.3 also allows loans to be maintained on the property up to five days prior to the first public hearing on the tentative map. 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. The partial reconveyance must be recorded concurrent with acceptance by the City of the IOD. As further protection for the City, the developer cannot develop the property until the deed of trust is removed. Once 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). Page 3, Item No.: Meeting Date: 4/11/00 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. 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. Page 4, Item No.: Meeting Date: 4/11/00 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 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; and WHEREAS, the Environmental Review Coordinator has determined that the use of the property as described in the subject agreement was previously considered in the Otay Ranch General Development Plan/Subregional Plan Program EIR-90-01. 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 ~~~ John M. Kaheny, city Attorney H:\home\attorney\reso\landofer.NM 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 Mlo 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 ("University Property") The University 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 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 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 sea.); (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 gg. "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 accordance 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 3 "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 subj ect to the terms of this Agreement. If the Subordination Agreement is not recorded concurrently with this Agreement and the IrrevocableOffer(s) of Dedication, this Agreement shall be terminated and the applications for the project shall be considered withdrawn. 2.2 University Property 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 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; (iii) prorated non-delinquent real estate taxes; and (ivl those exceptions listed as 1 through 32 of the Title Commitment (attached hereto as Exhibit "E-21 including those easements shown on the Encumbrance Map dated March 15, 2000 on file in the Office of the City Engineer. 2.3 Title. (a) Title Commitment. Simultaneously with the execution of this Agreement, Owners shall have obtained, at its expense, a "Title Commitment" (attached as Exhibit "E-2"1 from First American Title Insurance Company ("Title Company") 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 maintained in full force and effect by the Owners until the City has an issued title policy. Owners further agree to take such actions necessary, including those set forth in Schedule B-Section 1 of the Title Commitment, to allow for the issuance of a policy of title insurance for the University Property. 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, or the Title Commitment has expired this Agreement and the Processing Agreement shall be terminated and the applications for the Project shall be considered withdrawn. (bl 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 preliminary title report. Owners further acknowledge and agree that no public hearings will be held until and unless said cash and updated preliminary title report are provided to the City. No later than five (5) calendar days prior to the City Council's first public hearing on the Entitlements, Owners shall cause the record holder of each deed of trust then constituting a lien upon all or any part of the University Property to execute and deliver to the Title Company Requests for Partial Reconveyance or other documents in order to reconvey and remove all deeds of trust from the University Property concurrent with the acceptance of the Irrevocable Offer of Dedication by the city. Owners and City agree that said Request for Partial Reconveyance and other related documents shall be recorded concurrently with the City's acceptance of the Irrevocable 5 Offers of Dedication, and both parties shall provide instructions to the Title Company requesting the same. Owners further acknowledge and agree that no hearings will be held until and unless all said Requests for Partial Reconveyance or other documents have been executed and delivered to the Title Company. (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. Up until five (5) calendar days before the first public hearing on the tentative map for all or a portion of the project, the Owners or successors-in- interest to Owners, may place additional liens or replace the existing deeds of trust on the University Property, provided, however such liens or encumbrances are not inconsistent with city's Proposed Uses of the University Property or would not in any way or manner. decrease the value of the said property. Owners shall provide the city with written notice of such additional liens or the replacement of such deeds of trust. No later than five (5) calendar days prior to the first public hearing on said tentative map, Owners shall cause the record holder of each deed of trust then constituting a lien upon all or any part of the University Property to execute and deliver to the Title Company Requests for Partial Reconveyance or other documents in order to reconvey and remove all deeds of trust from the University Property concurrent with the acceptance of the Irrevocable Offer of Dedication by the City and provide the city with an updated preliminary title report. Owners understand and agree that should such Requests for Partial Reconveyance or other documents required to reconvey and remove all deeds of trust from the University property not be delivered as required herein, this Agreement and the Processing Agreement shall be terminated and all approved Entitlements shall be void ab initio and of no further force and effect. Owners further acknowledge and agree that no hearings will be held for said tentative map. Any such pledge or lien, other then as allowed by this Agreement, shall constitute a default of this Agreement. Once the above-described Request for Partial Reconveyance(s) and other related documents have been delivered, no later then five calendar days prior to the first public hearing on said tentative map, to the Title Company to enable said deeds of trust to be satisfied, Owners agree not to place any further liens or encumbrances or replace the existing deeds of trusts on the university Property. Notwithstanding the foregoing, if the Entitlements are subject to review, attack, setting aside, voiding or annulling as a result of Third Party Litigation as described in Section 3.5 herein, Owners may continue to place or replace such existing liens or encumbrances on the university Property until such litigation is resolved and the Entitlements are upheld as 6 valid by a court of competent jurisdiction. Once such litigation is resolved prior to the Owners being able to proceed with development of the Project in accordance with the Entitlements and paragraph 3.7 herein, Owners agree to provide the above-described Request for Partial Reconveyance and such other related documents in order to reconvey and remove all deeds of trust from all and any part of the University Property in accordance with paragraph 2.3 herein and not to place any further encumbrances or replace any existing deeds of trusts 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 mitigqte 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. 7 ARTICLE 3 ACCEPTANCE OF DEDICATION 3.1 Entitlements Processinq. Owners will file with citY,all applications and pay all applicable fees for the rev~ew, processing, and consideration of the Entitlements by the City. 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, gra(:iing 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 may not accept Parcel 2 of Exhibit "B", which is a part of the University Property, if the City does not have an easement or other mechanism of the city's choice for access to the site. 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 approval MSCP Approvals. City understands and agrees that the of the Subarea Plan .of the San Diego MUlti-Species 8 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. 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 Party 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, the City has accepted the Offer of Dedication, and all deeds of trusts or encumbrances have been removed from the University Property, Owners shall be allowed to proceed with 9 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 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 University 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 university 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 10 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 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. 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 and are inserted for convenience only and shall not construction or interpretation of this Agreement. subheadings affect any 5.5 Sinqular and Plural. As used herein, the singular of any word incudes the plural. 5.6 Time of performance of the an element. Essence. Time is of the essence in the provisions of this Agreement as to which time is 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. 11 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 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 12 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 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 13 Pearl Tech, LLC c/o Goldman Sachs 85 Broad Street, 28th Floor New York, NY 10004 Attn: Edward Mule M/O Holdings, LLC c/o Merrill Lynch 800 Scudders Mill Road Plainsboro, NJ 08536 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 Authority 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) 14 APR-06-2000 13:27 NEW MILLENNIUM HOMES 949 660 0421 P.02 SIGNATURE PAGE TO LAND OFFER AGREEMENT IN WITNESS WHEREOF, the parr.ies hereto have executed this Agreement on the day and year first set forth above. CITY OF CHULA VISTA NM HOMES TWO, INC., a Delaware co oration Shirley Horton, Mayor 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 LLC, its City Atr.orney By: DDJ CAPITAL III, General Partner By: DDJ CAPITAL MANAGEMENT, LLC, By: Its: Title: SIGNATURES CONTINUED ON NEXT PAGE 15 RPR-06-2000 13:27 NEW MILLENNIUM HOMES '34'3 660 0421 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Or ~q e } ss. P A/,lAJpiV. and llt1e c/' omcet (e.g.. -JBI'I -l j-~.s/) c.I Name(al or Blgner(a) On ' '(tL J. 0.. personally appeared i - - - - - J;F;EY;.~U;; - f _ ~ Commission' 1223314 i " NOTay Public. Cgllfanla ~ i Oronge CCl\Jnly t _ __ _ ~:~n:~J~"9.:.~ IJ personally known to me Kproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. /lhn~N.m~ OPTIONAL Though the information be/ow is not required by Jaw, It may prove valuable to persons relying on the document and could prevent fraudulsnt removal and rsattachment of this form to another document. PI~(I~ Notary SQ;;lI A~o Description of Attached Document Title or Type of Document: ---'=.I!:!!:!.. (7 Document Date: Signer(s) Other Than Named Above; __ Capaeity(ies) Claimed by Signer Signer's Name: [1 Indi~idual o Corporale Officer - Title(s): o Partner - 0 Limited [1 General o Attorney in Fact U Trustee o Guardian or Conservator o Other: Signer Is Representing: IJ FPe,r ~(t!6rflUI/j Number of Pages: 171'}.-S, ~IGHl THUMBPRINT OF ::.IGNER Top of thumb h~fa Q 1997 NeUon:el NOI:Iry A~oc:IilllQn ' Sl3!liO De Solo Ave.. P.O. 80)12402. Ch3LSlNorlh. CA 91:3.13...;1402 Prod. No. 5907 ~O!lCl'dt!lr; Call Toll.Froo 1.eoo-876-6821 P.03 .1 1 ,) .) APR-05-2000 13:28 NEW MILLENNIUM HOMES 949 550 0421 P.04 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: Tit-Ie: 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. John M. Kaheny City Attorney By: DDJ CAPITAL III, LLC, its General Partner By: DDJ CAPITAL MANAGEMENT, LLC, Manager By: Name: Title: SIGNATURES CONTINUED ON NEXT PAGE 15 APR-05-2000 13:28 NEW MILLENNIUM HOMES '34'3 550 0421 P.05 State of Massachusetts County of Norfolk On this the 29th day of March, 2000, before me, €'1:J.A..U:7) ~, personally appeared_ 9:4 K ~-<.~ , known to me to be the person described in the foregoing instrument, and acknowledged that she executed the same of her own free will. ~~o~ NolaryPublic Elizabeth A. Berger , "'_.. A.IIEI&R -,NlID -,ClIIlIL..._2o\" APR-05-2000 13:28 NEW MILLENNIUM HOMES 949 660 0421 P.05 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: Susan Bigelow, City Clerk OTAY LAND HOLDINGS, LLC, a Delaware limited liability company &y: rM Asld !1().Yl4jff'1f"fCOM/O-fl!f fh ~ e/ -6 APPROVED AS TO FORM By: $\l . 3Ml//- f1...tkOV!U6 rIJ'fI~n,1 B III CAPITAL PARTNERS, L. Delaware limi~ed partnership John M. Kaheny LLC, its City Attorney By: DDJ CAPITAL III, General partner By: DDJ CAPITAL MANAGEMENT, LLC, By: Its: Title: SIGNATURES CONTINUED ON NEXT PAGE 16 APR-06-2000 13:28 NEW MILLENNIUM HOMES 949 660 0421 P.O? STATE OF NEW YORK ) ) ss. COUNTY OF NEW YORK ) On March 29, 2000, before me, the undersigned, Notary Public in and for said State and County, personally appeared Russel S. Bernard, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument, (SEAL) i<ARFN n ~.AUGHTON Notary r>" ::,,", '.' '.l' of New Yor!< ~,' ~,li " ,'::1857 Qu....ql ,~.J. '\1,., \ Irk county COmMll.......'...'I ~.....tl"-'i> Iw'lt,uch 22, 20.'" RPR-05-2000 13:28 NEW MILLENNIUM HOMES STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) 949 550 0421 P.08 On~ L, 2000, before me, the undersigned, Notary Public in and for said State and County, personally appeared Wm. Gregory Geiger, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he e~ecuted the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ROSE M. FIERRO ~ commission 1I11162BO ~ j _. lIIotOlY Public - California 10 Z LOs Angeles County MiCgnmJ",pires Il1o" 11.:!XXl (SEAL) APR-06-2000 13:29 NEW MILLENNIUM HOMES 949 660 0421 P.09 SIGNATURE PAGE TO LAND OFFER AGREEMENT 5t4cJrn b~ 1?7.1' .>?I,S~ d,O ~ /l'lotd,,:;rm ':' ,-,/~ tf )/~ ':, .": ,-,:~~:;:2::, .7;,1, ,O~:;' ~::::', \ ( .' ~-t,.:.:~ii::,~.'~, .,r' ,.' < ,":, ~';";'. .' '.~ :;Qr/7) PEARL TECH, LLC, a Delaware limited liability company By: Its: 0~tJ~ By: Its: MIO HOLDINGS, LLC, a Delaware limited liability company By: Its: 16 RPR-06-2000 13:29 NEW MILLENNIUM HOMES 949 660 0421 P.W 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.~~ It~: r e....~ 16 APR-06-2000 13:29 NEW MILLENNIUM HOMES 949 660 0421 P.11 STATE OF NEW JERSEY COUNTY OF MIDDLESEX On, March 31, 2000, before me, a Notary Public in and for said State, personally appeared Karen Morely personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the within instrument such person, or the entity upon behalf of which such person acted, executed such instrument. WITNESS my hand and official seal. [Affix Notarial Seal] [Affix Notarial Seal] ,.-,'- _.". '. "'-.' ....-----. -. ~, ' . .:~:-.- -... '....; . ,"-,"',;;.,'.; .L-:" -,:", Dooumen12 -'. IotICWAEL R. DITlENl-l()e'ER NaIBty Public, s.. of........IIn8y CanvnI.Ion EllpI,. AlIplI, BI04 TOTAL P. 11 Exhibit !I All Exhibit liB" Exhibit lie" Exhibit "DlI Exhibit liE-I" Exhibit "E-211 Exhibit IIFII Exhibit IlG" Attachment 1 H:Home\Attorney\Offer2.wp Exhibits 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 No Exhibit Title commitment Map showing open space Subordination Agreement Letter of Intent 17 EXHIBIT "A" LEGAL DESCRIPTION! 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 of the 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 I, 1992 as File No. 1992-0261511 of official records. PARCEL 2: (being a portion of DE Parcel 5) 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 II, 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 CmCAGO TITLE COMPANY REPORT dated NOVEMBER 15, 1999 Page 1 of 1 ll.G:kdK;\1998\2000\a03.cloc WOl998-6 2/10100 EXHIBIT 'A' NEW MillENNIUM OWNERSHIP OTAY RANCH - CHULA VISTA CALIFORNIA (jJ -..- 1 BOUNDARY 2 SDCWA 13 8 14 7 /s ~ 4 . HUNSAKER ~. ~~~~~! ~ TES ~.. - PLANNING 10179 Huemekens St 5Lite 200 ENaNE!RJNG San llletlo, c. 9Z121 SURVEYtlG PH(858)S....500. FX(858)558-1414 EXHIBIT 'B' LEGAL DESCRIPTION UNIVERSITY NO.1 Those portions of Lots 1 through 4, inclusive, 8, 9 and 12, ofOtay Rancho, in the County of San Diego, State of California, according to Map No. 862, filed in the Office ofthe 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 106.59 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. WiIliams/tj 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 of 2880.00 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 of3 W.O. 2169-17 H&A Legal No.: 4722 Prepared by: V. Edge Checked by: R. Williamsltj As shown on University No.1 plat attached hereto and by this reference made a part hereof. tf(~,], 1t/,fJJAr-' Rory illiams, L.S. 6654 My License Expires: 12.31.03 Revised February 8, 2000 May 5, 1999 Page 3 of3 WO.2169-17 H&A Legal No.: 4722 Prepared by: V. Edge Checked by: R. Williams/0 &12' <~ R"2a5a'a/" <;<0 , 1 0.0.0.0.' ,~ . of' "627' ,,__.u ,'1- 0'1- . vP ./7, 'c,^~. "0'0 ~...... '...n \ t"\~. \..;" __'" v 'Qov 00 .. .... .-' tT7:').~,,>. 'oi~'? ,,').').~\.o'O :, ':..~ tT"'~~O.OOO' SC)' \.J . III __ C~-..; A\ .. i9 70 .. ~.. -;;-..." ,0..,.... '19'13 (1 '73'-' -., if .,,:>9 569 9'18"( 114. ,,:., :.... '1-0' 54~'0 '32"( 106.5~ ~/. :::: ,,:>.0 O~a..; 53205 17"7'48 ,/,' ,# ,,:>' ,'1- f::? J QO' _~... v ~ ~ R~530. 85' :. ,.'<' of-' L~193. 7 52' .c/ " 'V '44'21"( 28 . ,: /'R""29.)8'12" 549 " 45'.,,>' " (""94 0.0.0.' 514'23'42 ( 1527, ,.' -' 8.78' 507'09'16"E 99.7 ,,:. ' ". _ 87' 515'30'55"E 205.31-:, ". ----ZI:24"c . ~ ,Ii ,.... \ l.I'::::5501J' -- RA 504'24'44"( 97.89,' /:,' ---~'A.--'-R~26o. 0. ',4" -----P..PRC "E '9 04 -" 'V~ L . 0. -- 517'30'12 .... ,_' u<", ~2So..S8' - 55o.'40'02"E 69.53' ,)". I ,)0'" (' <"6' ~<f ". , ~ ~ I .......~....... .... .... . -.. :'~. :'.:~ :",: :.... :..: :.) .......... . .., -... . . . .. . .., ..... ',' .... . ," : .... IDENTICAL POINT SEE INSET 2S57.82' 'to to ci ..,. <0 N ;:::} t/fu. ~p J<- Do ."" :;: , to Z . .... :.:...... fir;? N7"S rrll--iy "9"E N7"58"5"E 2640.92' t./;,:\P ~~~ "'r.~,.s< O\.~lI-Y~ 'f,.", _U' '''' ..... ~.'6 0.. '" , 11=60.'27' 49" l/ R=198o..o.O' '<, L=2o.89.47' ' J<-. '0 <0 (f) f'I") N o 'N cO lLI .q-...... IJ.I ro ~ ,!.J..l o '.q- !2 Z Lt1 :.:::. ~o C> ~~ ro co~ Z", A ---' .. , . ,0, 0'.' EXHIBIT "B" .,~ .~Q. &0.6' ~":> q}' R"28a52'4S" ~rb QQ' L"JJj.aq'" ": '\ ./8 :' INSET " , , , , , , , , , , ..._I,~ ,,.. (i?~ ..J"o I ~~..o " " /..>I..T<2 '9" -- "6'<?Q'O'" . ,,,p. .', .... '..,. <0 '" " <0 <0 ':) 3: a. o ;.-, <0 , to Z .' -:"i' !'-' ;.... ..., -N NN , . ""0 "to ZN , , , , , , I', I " , " , !'-' ;.... . !." o .....-..... ooo~ NO') ~N<o:t~ ~'^ ;: V' ..,., ,~ . 1"')<.0 . "I"') .., C') 00...... ZN l.D 0 ~I"')~ ~ ui j..-, If II II I\. V I.f1 <JO::::..J \',00 0 \ \, lO I\. \ \. I\.\. \ \ Z Sketch to Accompa.ny Lega.l Description .S4..t:....!.-- \-I1i€>\.'l.0' "~!.- 'Q'O '0 ,,<0 :1":>'0 ",1~ -:; 1997...0324833 O.R. cr. 6 <D '<j' <D m ~~ ~ ~cPo ; ..... J? () ,.,.,.,.m ~ J. II HUNSAKER & ASSOCIATES IRVINE, INC. PLANNING . ENGINEERING . SURVEYING 11Yee Hughes . 1Nine, CA 92618 . Pl-t (949) 583-'1010 . fX: (949) 583-0759 , , , , .....\ UNIVERSITY NO.1 UNICORPORATED TERRITORY OF SAN DIEGO COUNTY, STATE OF CALIFORNIA CK'd " R. Williams :;:'0 ACAD-MC SCALE: 1"~ 1000' H&A LEGAL No. 4722 FILE: W.O. 2169-17T SHEET 1 OF 1 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~ ~,1v1 'pj ~J Rory s. illiams, L.S. 6654 My License Expires: 12-31-03 Revised February 8, 2000 May 5, 1999 Page 1 of 1 W.O. 2169-17 H&A Legal No.: 4723 Prepared by: V. Edge Checked by: R. Williams/g EXHIBIT "B" Sketch to Accompany Legal Description ::.:: ..' .... ...... ,', M'M . . . .,. .... .., .. . ..... : :..~ : :"::. :.:.....: :..... .- .. .... ...... : \ r't: ': '.."': : ..... l "r=- - j ~ ~ I "J;.> .::~. C .90 .<:5. ? ,[(~. N84 023, ~ "'" 0 "'. 'V 54"[ 6',sv.., ~<:5 <0 620.84--,' .~~ .(f t'((f/ \ ....... \ ~It 570/li3 DEEDS-i~ ........ ~'... 4''' t:,."'t-l ~ ~.. ,... /, 'QV /~ , ~~_. ~1'" : ., _ ~..'O.\ : 1161.03" :.-- N71053'43"E"~, ~O , N ';'0 :997-0324833 O.R. a. ;: N .r>~ gci ~lO .": ",N o ....;. vlO ro ' 0 z ro z ".;. :~:: :... :::) :";': t"~: ~'.~ ..:-~ ~) ....t.:....... II HUNSAKER & ASSOCIATES IRVINE, INC. PLANNING . ENG1NEERINC . SURVEYING Three Hughes. Irvine, CA 92618 . ptt (949) .583-1010 . FX: (949) S83-07S9 DAlE' 5-5-99 I ~~ 2-8-00 I'~';' V. Edge FILE' ::\2169-17\ LD\ 4723\SHT01.DWG UNIVERSITY NO.2 UNICORPORATED TERRITORY OF SAN DIEGO COUNTY, STATE OF CALIFORNIA Of. By. R. Williams ~OG ACAO-MC SCALE: 1"- 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-l 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 45X90 R-8 SF 10.7 65 6.1 50 X 90 R-9 SF 10.9 65 6.0 50X90 R-l0 SF 16.4 90 5.5 45X90 R-ll 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 50X90 R-15 SF 10.0 65 6.5 40X85 R-16 SF 8.4 65 7.8 4OX85 R-17 SF 16.9 145 8.6 SMALL LOT SF R-18 SF 8.8 n 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 THlCONDO 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-l 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-l COMM. 11.5 N/A SUBTOTAL COMM. 11.5 N/A CPF CPF 5.0 N/A SUBTOTAL CPF 5.0 N/A P-l PARK 11.7 N/A P-2 PARK 3.2 N/A P-3 PARK 1.1 N/A SUBTOTAL PARK 15.9 N1A 5-1 / K-6 SCHOOL 11.9 N/A 5-2 / Jr. H 5 SCHOOL 26.5 N/A SUBTOTAL SCHOOL 38.3 N/A Hunte Parkway ROAD 24.8 N/A Olvniiilc ParkwaY ROAD 9.7 N/A Eastlake Parkway ROAD 6.3 N/A w" Circulation Streets ROAD 17.7 N1A En Circulation Streets ROAD 12.1 N/A SUBTOTAL ROAD 70.6 N/A Green Buffer 0.5. 30.6 N/A Easement thru Property 0.5. 19.3 N/A Paseo Area in West 0.5. 2.4 N1A Paseo Area in East 0.5. 1.7 N/A SUBTOTAL O.S. 54.0 N/A . . TOTAL ACREAGE 489.0 * Subject to additional street connections to promenade street. <J) N ",,,/ // .p?-- . q // >-- III UI ;~~ i 0 t ~ o~ ~~" po@ ~ I ;~::c ~ . 0 m ~ en zcn<Q 11! ;g r= -I)> ;;>>~ ~ Z G) I~Cm ~ I:>: c:...... Z 'iilKl......(') 1m.... U>"tl .... I ~> l"z Z P J , ^' ~ CD :D N '" ;: c;: ~ :D N en :D N '" :D N ... :p ~ ~ i o i < m >< ::I: - I:D ::j Q ~C\ ~\:.:/ EXHIBIT "D" Recording Requested by and Please Rentrn 10: DRAFT City Clerk City ofChula Vista P.O. Box 1087 Chula Vista, California 91912 This lm'lrumen! Benefits City Only. No Fe~j Required. This Space for Recorder's Use Only APN(s) C.V. FileNo. IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST FOR A V ALOABLE CONSIDERATION, receipt of which is hereby acknowledged, NM Homes Two. Inc" a Delaware COrPoration, B III 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 compllIlY, and M/O Holdings, LLC. a Delaware 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 MUNlCIPAL 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 approximately 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 of the property owned by Grantor or their designees, subject to the reasonable approval of the City and a determination by the City that snch activities or easements do not interfere with any easements required for the permitted uses of the dedicated property. Grantor shall further reselVe 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 dedicated 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 casement. preclude use ofthe dedicated prcperty for the permitted uses or require the City or its 02-02-00 0060-00005 S:\15ZIO00200(n.II<Jl..wpd 1 successors in interest to incur any ex.pense or liability arising from or relating to such activities or easements. This Offer of Dedication is made pursuant to Section 7050 ofthe Government Code of the Slale of Cali fomi a and may be accepted at any time by the City Clerk of the City ofChula Vista. This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Gt'antor, 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 1'eo/ property offe1'ed 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 authority confe"ed by Resolutton No. _ of the Chu/a Vista City Council adopted on . 2000. and the grantee(.v) consent(s) to the reco1'dation thereof by its duly authorized officer. SUSAN BIGELOW CITY CLERK By; Date: 02.02.00 900<'.00005 S:\152\000.OOOl.IRR.wp<l 2 SHAFFER DEVELOPMENT (858) 782-9658 08/24/00 10:88A P.002 . EXHIBIT r=.-~ IJl'\RR..~ ~ 1l.1~ 5a"I'\;t uSJ?!i..\-A.1a FIRST ANiltXcm Ill.IBD 1<<l.1~51 1".2 ~ !:l ,,- .............. I'II2J oO,I,T.......~_ 08DD,NO.1Z40m-,S Pil'tlt A.rJ.Ierlean71t1B Inm~- Compatur INFORMATION . T""'" 1.,.,lIlnclr COmmllmllnt" , ..,., """'.." -on)'Oll ...d 1~' ...mps.,.. 1\ II In_ II> .,IIW 1M lIull Ql'I ~ "'"' ...." _. . 'TIle I......... I'o1l",1D YDIL Th. PCJIIc:y WIll 1__lI;'1Nt l:"rl&lrIlllltala 1II8Il1/'11l1$. .u.....1o IIII!..... -. ~ tIle~. ",= ClampoI1l''IIlllIglw. ,,"U a filii. "tflol'oll:;J r.m.1t'....... 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AS TOAN~J.l4$1ND2EST MIO BOLbIHOI, U.C, A JJM:l'1Ul1J.&....J1Y 00hIPANY' ClUJAMZI!D ..utO IXDIIING J.lM)D'1HS LAWS 0' T.lDl n'A.1li. OF DBLAWAJU!, A,S 'l'O .AN ~lIlD :30..~ ~~ 10( I!ICMES two. A ~WAU COiU'CIRAll'ON. Bt1CCI!SSO&;BY MBROBIl TO ~ ~ TWO. LLC, A 12LA.W,dE I.IMl'Itm W'Im'l'J'Y OOMJ'ANYj AS l"O 'IlXl! ~ 4. nm LAND:R:BFERR1iDl'Onl"IBIE ~lSJ)itcp'nn IoSPOU.OWS: (IlI!BAn:A.attI3)LPGAL~CIUP1'IX:lN) PAGlIl S'd v 1;:1, :xr~ Wdlilli" li'1il 00. E:2 1:Il:IL'! SHAFFER DEVELOPMENT . . . (858) 782-8658 08/24/00 10~88A P.008 , tt1M.?!l.2I!fll!Il5.~:.51P1'16l.S~~s...Ifl'.S FIFIIT .roKR:I~ MD NO.l~9 P.' PIIl1lE ',; 1lIQI.,2 (UV. 7-"0) ""',..,., NO. UlIll1'7l-U S~l:JLB. - a.....IUllI:l Jl,l;Qu....~~ nm I'OU.O~ ~ MOlT m;: M&1' TO AU.aW t'3 TO tBSTJE A POUC'f OF 'tm.151NlroJlANC':E: w all (C) Q:J) (]a) (I') (0) PAY 'mB J\.QP-..II1ImtJNr8,:IF .ANY. l'O1l. 'n1S tN'l1lUSl'JN 'mE lAND ANJ:WOR TUB MOKTtfAOl! 1'081: MlJltIn. PAYl7S nm~I'EBIlNm~'''"U;oa 'l'BBPOUCY. 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UI1 SD(iR', KAllXlNG 'I!l:ll 1lct1IB QC.AIl:ID. 001I:NEII. o:p SAm S];~LJu..... 34, AS IlI:lO\YN AND ~T!D ON ec:K:HEll. I:1!CORD NO. 2.1?, PlIJiD Al'lUL 14, In\ IN T.Il:& ......t-.o.Ji; OF 'rES 1:IUA).'IMIi2'lT' CIP 'IiI.AJIlSPO&1'A.'IION OF 5A!D cotlNIY Oi' SAN cm.ao. SAm aoum Qt1.11l1.tER CCJtNEl!, ALSg :BBIlU SOUnl: 88""'7'52' E.ASr, ::I6G.51 n1lT l'&OM A 2' CA!'l'l>D PJ1'E In'.AMPED "t.B. !S81 SDGll-, ~ nl:E SOll'TEW1!llT cx:lJQ\'XR. OF SAID 5EC11ON 34: 1HENCB nou !lAID !'OINT "A", ~ SOCT.If 0'7"01'13' SASr. 511.27 1EET'1Q A POlNT KelUlIN DImCiNA1'tD!'OtNT "]I": T.I:If',Z\'CS SOmK !'"41'O1" BAST, 3023.35 nzc TO A POll\'T "....emu S'];'d ~ ~, ~a~ WdLv:va 00. gz ~tiW SH~~~ER DEVELOPMENT (858) 782-8658 03/24/00 10:88A P.016 . . . =llf1!l~,~",~:;J'~!2.J~~, L.A. te l'lO.1'l9 P.ll> "'llllE lS FIRST ~QIlN lllJBll ll11W (BV.7m) OiQ)EIl.!'lO. 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A,..,..,.".'I'mO:Q TO:MAP tHl!:RECJ'l'IO. 166,!'IUi:D IN SAJD COUN'n" JJlf"nDn~:s W'.t'~ wnx 'IHB lI.OOll..'l'!mB.LY LH OF SAm C/!'AY I.ANCH: 'IHBNC! :PlCQM SAID" Ponn' 'I)", CONIINtJING soum 4t"'Z3'SS" BAn, ISlI:I.6!iIl'lmr; 1BEMCl: SOt1m 4ll"36144" ~, 157.0' FEE! TO A. l'Ot'lT R ~I.~ DiSIGN'ATI!D POZNT "E"; 1'KENCll ~"G- scum 4l"'35'44" EAsT. 37115.14l'E!'1' TO A POINT Wfto~ P.BSICJlIlA"Cl:O POINT '1"'; ~ sot1IH 11.53'2" BAST, SS44& PESt) 'mEN'CEI sot1m .~!" BAST. !31!lU5 ~ TO A PClOO' aN' nm sQti1HElLy tnm OF SAm OlAV ~ DIIS'IANT 1lmREOIN aoUIB 11"2a'S4" WESt', 10$1.51 FD:'t DClM A..~. PJPIi WlTR BRAU CAP S'1:o\MPED "L.S. 3681 StIQ8", ~ 'mB rotl'I'BBABT CQQlI!L OF &Am arAY kANCH oM SHOWN o4l'lD m:.r..J:mA.TBD ON &\JD QC'l"IJia) at SUR.VE'r'MAP NO. rn3: SAID Sot.rm::EABI' COJUom.AUlO BP.AttS1'iCll.Ta: 71"2n4" EMr. 1 I46AS;n;xrPItOM A. 3" x 3" POST"J1ol81'QNll MDONDWX'm DDlC liTA1DBD "I-S. 3lil1 socm"" WJ>""'lGnlE CL~lNO CO&NEll. OF 'JlIE SUUU\<m.L.Y LlNE OF SAm CEAY P.ANar wmi TBB SOV'!'!l:BRI.Y IJNIi OF &:ElCtION 13, toWlimlP 11 !CIl.'!H, RANG~ 1 '91BS1'. ~ BntNA1m1NO w.s:s Al'l])MBRD:lWI. nm B'""""'''''lBS cP TBE ~E1'CJtE Emlr;r~ aIm or u..ND 1%O.DO FEEl'1N' Wlr11'H SRAU. BE IJ\lmIKENJm >>mm. sm:l2mlSD so tHAT &'lID SD>EUNl';S iH..n. a:s CONmltJDlJll ANtII!lHALt. 'IEllMlNATEINntE I-<.......UI,r::AL Y UNB OF BAlD &~uuN!l4, 'IOWNI8Jr 11.sounr.ltAI<<m 1 WEST A.'l:DIN'l'Im sctnBl!:IU.y UNBOP lIAI%) MAYRANCH. . ALSO: n.aM lIAD).POII'IT''B" '1'0 aAm2'CIINT 'CO.AND.FJt.C:N1!lAJD 1'O%Mr"I1" TO !lAm 1'OINI'''''. nm ){~:rma.y I.lNil QF lAID 120.00 l'OOT 51lU1' C1E LAND IS 'I1:1E SOTJ1"BW3S'IEnY ~ OJ' THO!! CEl.I'iJN ~ GRAN'rED '1'0 THE SAN DmGC cot1.JoI'IY WAlEI. Atmmm"Y, 1UfC0IU)J!D 1'!:Q.'trMY " 195~ IN BOOlt 1Jlll. l'AGB 4911 .AND lUlOCXll.t)!D XARCH 26. IffiI IN 1l00J: 7SG, PAOli 1;5%, Bom Of QmcAL RBOOItIlt OF SAl%) c:otMIY C1I BANDDlOO. 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PJ.ll.T.It1lt.Alt5. 13. };N:e.ASmdENT FC& PD'Sl:JIGS ANn INaDIlNtAL PUVOliES IN FAVOIl. r;tE ~ ~o CC\l1\"IYwA1'EB....U1'HCRllY. UCORtm)OClV&E8. 3. 1'83 Ai~NO. 83- ,s:u:n O!'OPl'Ia.u..~. DBSCI!JBED AS FOLLOWS: n,,^;r ................r Of loOn ,. "" a. p. 10 AM) 11 IN :om MAY M:NCB. IN nm ootlNTY OF SAN DIBCJQ, IITAB OF ~ AC<XmI:DNG'I'O MAl' NO. 1l1lZ, l'lU!l) IN-nm Ou'l.a. C1E nm c:ouNrt llZCORDD. C1I! lAm COUN'n'. I'DIW~JsJ'OOI A:ND .AJ$ DEsau:sJ!!) IN .............TO'lJNt.tm ZN11Na'1Usu,1NCo A couou.: . :JI~ NO'VJMBmt. 17. 1m M mz N:). 41117: SBP'IBMBliIL &. 15137.AS FItS lID. 1S4M ~ ~ 8. 19~~ IN BOCllt 04. 1!M:iE 2.08, AU. ae ~ IGCQJI- OF SAID cotlNl'Y WlnCil UB5 \VI7mN A S'IlUP ap UJlI) 80.00 nET 'WlD:i, WEASORED '0.00 FUr NOAnmAS1'!!RL'r....."a) EAS1'E1I.Y A1:1D 30.00 P.I!!lT SOVIHw.5SnlllLY MID 'W:ES'TERLY AT JUGHT oUlGIJlS OIl. P..!IIlJAUy DON THB ~ tlIlSaUBED stJltVEY'IJNE; SAm 5tlJ,.\lBY UNE lilEnIeJ AtSC '1DJt StlR.'V:EYUNIi OF TIm ~ iAN DIIl<lO AQOm:IlJCl' ANIJ 'IBB ~ OP 'IBB '0,00 FOOT WIDE ~USSMZNr~~~.IW'- PAGB 14 ,,","d I> <l' :>~:> 1.I::!~:vl<l 00. fo:2 ~"'IJ SHH~~ER DE\'ELOP~1ENT (858) 782-8858 08/24/00 l0:89A P.01S . . . e3ro&.~~.5: :..ll' SG!i!2.9...:;;'~S. LA. of9 1'D.1Qi P.1S f'AGI!: 1 e F'I~ IlI'ER%CAH 5UlD . 106t-2 (I1EV. TIJCI) Om12.NO. UoII12?II-.1S l4. ::a7iGlNNlN'O AT Ai'oINr ONn:m """'=-YYlJNE O!' L\Zl)OTA.Y ~CH. WHICH tB tl:t$TANI' ,.,....,.,."'W. NOIlTH 7l"$1~. Jl.\St', 1.221.~ neT f1l.QM CCllNSR NO. ti or RA..'JQ!O J.flI'l'AJ., ACX:Olllmo.-o to J'A.IENT ~ 'tImRJICP 1l:l'-COBDEO IN DeDI:. I. PAGE 89 zr BBQ, OP PA.liN'D, JIJ1COIU); OE SAJl) octMrY. &.lJJ) PCJNr Jm1loiG ENGIN!8R'S STAtION ~O!P!+tIO.61I ON U:D SUR.V3Y UN! AND 't!m ntJE l'OINT OF ~. 'l'JI1l.NCE soom 4CI"2Z'Z$" EAST' ~".ss R!ET TO 'lBB B.l!lGINNDioIO OF A TANGENT %.000.00 POOT ~ eoaw. CQHt:AW :Nl:a'lHJiJl.Sl'ERLY: IBENC:& s~y ALaNa &AmctlllVl:U2.6U'BETntlWUGRAN.ANl'3I:e 01" '-14':'1'"; TIlENa! sovm ""!7'S0" JrMr. 5..669.00 2'Dt' 'IO TBB ~'INO OF A TANGBNT 2,.Q00..00 FOOT 1tA.DIUS CDa.'Y%, CCINt:A'VE :r.u.o;,ulllAS'IERI. Y; nmNCiE 1l0unmA8'11!1U.Y ALONG &o.ID ctm.'YE .14'-87 l'llBT maoucm: AN .AI\"Gt.E OP 13"O)',u': nIENCZ iSotrm (i2"4Q-,s' !iAST U'Z:ZIl'Dl' TO 'IKE BEOlNMNG Of A TAN()ENr 1.500.DO fOOT RA.Il1tJS C'l.lItVB. CONCAVE SOUI:r:rW'E'STD.~ 1BBNCB SOL-nm.A.SU1:lU.y ~ lWD ClJI.~ 1B1.llZ BET (UC0lU) 717.79 !'Jlm) T.EJ.O'OtiH JtN ANGUlOF 3O"OS'3.!"]O AE'OlNr.OliTS:ESAS:lD1.YLINS OF SAII) O'rAYL<\JCH. w......... 15 :DllrrANT 7R""'ON, BOUT'E 1I":5~' BAST 04$7,31 FEET PRO:M: 'Iml NOR.nmABr CalNEI. OF SAID LOT " 01 O1'AY IlANOL lIAIl) POlNr ~ BNCl:Nm!JlS s:u..'IICIN 'l~SJ ON SA:C:l !ltlll.VEY' IJloe JlJC) TBB Dm POl}I.'r 'IHEREOF. S<\1tl JQ.Oo POOr WIDE S'I1UP OF LANl) BICBNS IN SAID f\ClIt.1HER.I. Y .LINil OF OT A Y ltANC9: ANDI!NDS%NSAXDEABIERL YIJN5QFOTAY~ I:XC:l::YrlNG '1'HI!lE:F:RCIM "\'HAT POR.nt1N Q1 nm A!OVB Il1:ll:.....nII=n 10.00 FOOT WID.! STMP OF LAN:D WHICH ues WI1"HEN 1:IlA.T 30.CO POOT WIttE J'ER.MANEN'I' ~ GIf.ANl'ED TO 'IK! SAN I)1EQO COtlN'IY WA!1!.R. A'lTIllOIl.ItY BY DOCO:MJ;:Nt :a;BCXlltJ)ED A.'t.I'O\,TST ... 1959 no; BOOk: 71Cl6, ,AG.& S5B OF c:eICA.L ~J)S Qp llAmcotlNn". ~X!1 MADliTOlIAJI)INa~.FOR.Pt~- P~'l'Ict1Uu. n:rs .........cr.1P .QI'Y. 01' lUlCORD Dl' stlR.VEY~:loIO. 11118. ~ mrs llOR.TI{, OR Pl)]lt01l3S 1'0 SJrr PQ1I.'M, cBIl:rAll'c' 'IJZM:B:I/5laN'B A)lD BVJUNQS OP TIm umr~~JlDnc.OEml.TY_ nm .Z>I'l'&N"t,l:r ANY. OF Il!COlm OIIlrt1.R.VEY.)(AP NO. U3$!il, WSl:al: 8lml FOR::m, Oil PUJ!'03U'S TO S2'l' POUK,. CEIl.T~ DIMJillISlONi I>ND n~Gs DE no; ~~D:ESCJlIB!lD 1'Jl.OPD.n:. A CEIl.':ttl':lt:A'r.i Cl' "W1bC~ .....,,_.~ lAm "1:I'Y'\p~ OF 1lUB.Vln" WAS ~BD ~U.l11'l A$l!Jl.BNO.lll-llIl!llmQ QjrOllJ'1ctALltECORD5. 15. PA02 15 8t'd v ~ ?C!~ W<:l~v:v"E 00, E2 ~t:l.. SHHFFER DEV~LOPMENT (858) 7S2-SSSS ~8/24/~0 10:8SA P.~19 . . . 1!I3~. z;3, ~5; :.~: :l6f'th.923i'1'~. U'I..e 1'<<).1"19 P.19 PlI\~ 19 FIRir ~ 9.IIID .Yo I II, "., .1K1-2 (REV.7..,0) 0IlXJaWD. ~.15 lli. 'l1IB El'n~, :II' 1Jf'f. OF ~ll'.D OP ItJ2.VEY)4AI')lo. 12.371, W....c.. SEI'8l'OR.'M, 01l. PUllPOa:rs '1'0 BET 1'tIIl.'Ilr. CSl/.I'JJN' ~ AND B~ OF "EKE ~:ciESCR.IB:Etl~"N'f. 17. Ml A.GJl!lI!MlDrr UGABI)l)fO DRAlNA.Cm 3ErW'J>SN AO.T....aNT nona.ms, DATED l'lOVEM1mR. !fl. 1'90, 'l11'ON '!HE 'l'EIIJ.G. COVENANl"S. AND CONr3mO:ll5 CONT~ '.tm%I/'..EIN. l!:lCIiCtT1'El).DYANOZI~: BAt.Dw:N ~ Jl"~'I'E8, L.P~ ^ c:AI.:mClll:lUA IJMItED 1'AB.TNml.SEIP IINtl &AN lllllGO N.Am:lNAL al'OP.TEi ~ POtJNDAUON. ^ ~ 'NON- l'aarrr ..,ul4CMnClN. 1lJSCOlDBD: MAIlCH 11. 1991 ^fl :nt.S:NO. '1.1)10543' aP 0l'ECtAL~ BY QtJlI'Ct.AJM DES:C RECXmD.BD JAml'At.y aD, 1~.AS PII.B NO. lPK-00441=tl Of' 011'1C[AL Jl.BCOJUJS. JlO.\tTItlNS OF nm IN'IE8.1lIln; IN SAID ~ ~ Br..D4N'ATIm. lB. .AN ~ FOR A WA'l'EB. l'lPriI..IN.E 0)1, ~s it.Nl) INaDE~..u. 1'tJ1!J'OSBS IN 1"AVoa. OF 'mE SAN DI!lGO 00UNn" 'WAn.a. Atl7BOJUTY. JECClIDJJll:l SSP'IBIIomml3; ""A5mJ!1'IQ.19S'3-4:!IS!l4' OP'omCu\L "v"""'PI- nm ltOtlTE or SI.D;I B,l"~ IS SEt at1I IN SA%!:) DOCCMENl' AND..vFaC'IS A :l'OJl:rJONOP'IJm ........m;tlEIClUIUiP l'IlCP:BIttY. ~ JS M.AI)E 10 lAID lNS1RUMllm' FOlt.l'Olt!m1l'.AJLTJX:Ot.,tJIS. 1'. AN "'Asm.m.:r ]r~ 'W"''.l'51l Pn'l:lwlE Am) lNCDJlNTAL FtI1U'OSES IN P.AVOll. OF' ~ DI8GO c:cmlTY' W'A'IEIt AutHOKnY. A J'tJlWE: BMltTY. 1U>OOJ:DErl "",",~l:IollGSllIl.:!,ln~ ASli1LBlOCO.19PJ.058"'1l Cl'omt..J!.I.lI.SCOlm8. TB!l :J.OUm OP' SAm BASEMEN!' III s:sT C'UT IN SAm DOOUME.lolT ~ ...men A lOB:r.rOX OP't'SBHBlUllNDES<".IlIJmD~. ~:r.s MI.tlS'It) SA%l) lNS'nl.tJ)GN1'l?Ollt'tao.............PAJ:rn:VI,MI.$. :PAGllllI' 6.~'<J ~ I;f1 ~Cl~ I:!~'~!'l !'l6~ €:~ ~."'L4 SHo::::.F'F'ER DEVELOPMEt.JT (858) 792-9659 - ~3/24/00 le:39A p.e2~ . . . 1li'!~B.'.~J~.I2:57l'l"'s1l1~-~' tEl r<<l.l'loa P.2~ _ f'AE A~ FIRST ~1ClIlN QJBtI (WPEa l'fO. U41U7I-1S' 20. AN AG~ JEGAJUmIG ~'11CN, JMPJ:J!M:!!N1'A'CON ap Jd1TIGA~1dEAS'CaES, ANl)l'AYMEN'r ClPCD:rAlNnlES IN CONN:SC'I1ClN WITH nm .un.r:NAJ. t;JF nm G~ l'Ul( ~. GJiM!1t.4I. JI:Nn CJI'BBR D~'T 1'tAN8 POll. ~ MAY ~CR. tlA'1'EJ) OaroB1l1l ZB. l!1t5, tIPON 'ta:lt nml'G. COYJ!NI,NtL,ANI) cormmcN8 CClNI'ADlI!.n ~. ~:BY' ANI) :BSTWEEN; tHB Ct1Y OF crroIJ,. V2S'I'.... A QWl.'I:EJ!.ED ~AX. ....oll:P01IATIarl AND 'Iml a:MftY OF SA.N t1tBGO. A ~ suaI>MSroN 0:'- 'lm STAB OF ~ AND aTAY vmrA ,ASIOc::u..TU, A ~^ UMI'IED PAIl'INEUHIP p);lV\tlDm:l: P1!ImD4~7, ll1!J4 AS:nuNC. 1~&47043 OF Cll'SIClA1. JUiICO:aD5. ~I5loof4tJl> ro S..uo~UMENTPDR.I'UIl.TEIElR.p~~, 21. 1m! ERSl;I'. IF ~. OF lt1i1:"..oJD OF SUJ.VEYMAI' NO. l0460S, _leB: SB'I1I ~ OF. Z't1.RPClllTll TO ImT JOa.'n!, C1D'.TAIN mMBN~ AND BRAlUNGS OF Tml HElUIlNDESauaED ~tY. Z2.. AN AC'U:I!2G:NT TO CO!I:VSY Al'FCDU).ulLE HCtJ!ING SIm AND ,.,......."'''1 COWMCNnY l't1J.PO!,5 1Acn.m:BS lna (".'lnl~""QJ1 CANYcN). :DA'UlD t)!(;;mo.m~~~~ mroKDIB 'lEWS, ctMlN/JIl'I'S AND eo~ CONTAINJl:I) 'I"'"'''~ ~ BY.AN.l) BBrWlii.'SN T.lmdl'YClF c:atn.A VISTA. CALlPOBmA. ~ BtlIUIERS. A ~ CCR1'OIlA'nCIN AJIl'tJ orAY Ji.Al<<:H, L.J'.. A CAUl"aaNA LNtw l'A2.nl!I:Q:aIl' ~ 'A'NTJ~Y :d. 1"1 A$ F.lt.'B NO. 151"-OO3d240 Q1> OF.l'%C1ALJl]!COJlI)$.. ~D~TOs.uo~FOIt.~PAR.'Ill:lJU,U .mECrSLOT I OPMAl''NO:1Q. A CONSENT Aa~ DATED A.Pm '. 1m. 'tI1'ON TD 'lBDI'5, C(:I'\IBNAN'I!l. AND ~ CXlNI'~nall'llbf. EXltCCTEDlIY AND BETWEEN: BAU)'WlN 1!tItl J'll5:R,\ A c:AI.tl'01tMA C01\XJB.U1'ON AN%) SAN DmGO G~ AND 1lUlenut; COMPM"Y, A. ~ OClJlJ'CLl.'OON. UCc:mD3ltl; -^l'2UL~. 1r.l<< A&F.ILIO NO. l!1M.o2D1I03S OF OPP1ClAl:. UCOJW~. ~ IS MADB TO 1I.o.1D ~JIOll.JItJll":tElll. P~'1lOT.ILAB3. %3. :l'AGJl17 02'd v ~, ?~~ ~:V~ 0121, E<l ~1:lW SH,:...,I:C::-EP DE\'ELOPMENT (858) 792-8659 ~3/24/0~ le:89A P.0Z1 . . . ~~~,~.~ee~5,_~IS~1~,LA..B ~.14~ P~CE 21 F~ AIo15IUCAN 5IJliD 0JmD. "'-0. 124(12?~~ . .0000lUV. 7111f) ~ ^ 10INT USS ~ DATIlD A!'1lJ1.~. 1"5, tl!'QloI' nm n;:gyS', CCIVANANT'S, ANI) cmmmoNs CClNTAD1mT="~bI. 2!XElCtT1'mBY' .AMJ:ElE'IWE5N: U)l'IlDlClO GAS AND :&:UlICr.lUC COlDAmI', A c.wP0llMA C01U'Oll.ll.~ AN%) nm crt OP CI:Rlt.A'\.'1STA. RECC'ltI2BD: APJIlL ~I). 151J4 AS mJ;NO. 19So'-a2174:14 OF ..............At.:a:BCQ!UlS. ~ IS MADE TO SA1P JNll'l1t.'MENT l'OR.PVM:JHllI,p~. ~. A."" hG~ ~ lNILY ON l'Jl'K......~ T. DAn:D Q(OT SHOWl'l). tlJ'ON nm n::IlMS, COVD\ANTS,ANO CO~u~ a:JNI'AIN!lD'IHBIlmi. BXBomoIl BY ANP IilBTW.IIl!N: BAIJ:J'ar.IN Mm.tlBlS, INC::. ANn mE a'CAY 1tJI:NCII AlII) 5/ON D1EGO GAB AND llLBCnUC COMPAm'. UCOIl:IlED: l\orAYI0.1995A5l"IIJi1:NO. ~~9W23I15%SOFOPI!':rctAt.DC01lJ)S. 1l:8P2RENC!! IS MA!m to SAXP tl'Sl'&tlXBNTP~ l'tJ1l.I:BD. PA&nctlI.AJl.S. 2'. A lTIIUIY~E ....G1U!l!MENTTO OTAYWA'ZD.nmnucI' DATED MAY 30, 15196, UI'ONTSm'I1i:ltMS.~. JUol1) CO....4uONS c:cNTAmED ~. JlXI!(;07ll:C3Y' AWBEt"\II'El!N: SAN:DIEClO COUNIY WA.'tU AXmICllmY ~ 0'rAY" WhTllB.l:Gt:IiUCI'. UC01lJ)E;t!: AUlWS't' " 19~ AllllllJ!:NO.. HlJIl-D3939$4 OP OFl'ZCIAL RECOi'f'&. ~C215 M:I\tlJ 't'O SAIDINSntJMENTl'02.FtIlt.~~l'A&nc:uI.UtS. 27. A vm.I'tY UCEl"SZl ~ TO 7BJl cnY or C2lJ:lA .VISrA :Da'\'IJlP AUGti"'S'1' 25', 1~ tJPON:om 'I1lltJlCS. COVENANtS, ANn COl/DlI'1CNS CC~~. EXBCtTI'!D BY AmI J:l.B1"N.EEN: nul an> OP CXtJLA VISTA ANn TIm SAN :DmaO OOUNIY WA'IE.'R AV'l'BCl1Ut'Y'. ~; OCIOBX&.ZI, l!1~AIPlt.ENo.1996-0S440J401l'0F:FIaAL:MccnmS. ~!l. AN MCWmn' POll 8AN1TAJl.Y 811WEU AND APJ'l.l1{'I'SNA.~T SDWc::rtlaES A1'lIl ~AL l'tJ]UOGl m PAVOR. OF 'mB crrY OF c:ut.~ WST..... A. MQNlQ:PAL c::01tPQB.A.nax. ~Et1 1A:VrJAAY 29, 1991 AS mE NO. 1997.00'8451 OF ur:-~uALRE!=OIUJIlS. THE ROOm OF SArD EASDGNr IS SBT ot1t' IN SAID POCOMBNT .ANl] A!FBCTS A roltTIal'l o:F nm HEllJ!INDESc::NUD 1'Jl.Cl'1!l1TY'. ~IS :lUJ)l! TO liA.ID n..'ST.R.m<<ENT1'OJl. ~ PAJI.'l!CCtAltS. 7AG6 11 .2',0 \:' 1:1' ~::J ~!~:\:,~ ~'E2 ~~ SH~FFER DEVELOPMENT (858) 782-8659 03/24/00 10:89A P.022 . . . -r!rR,"',m3E!I... ","''''-_..t;I)&C l.A.te OJ';;> __. ~__ _____ -.. _~._..u.., H:l.14!J ~ . .22 I"'IIET 6IlER%CI\H :1IIilD . 1~' (1I.ZV.7,.,a) ~:!ft). 1240:'.15 29. AN ~-r TO lIXCAVA.T& l'Cm, lAY, COl'l8l':iWC'r, 01'ElP.A.'lE, UlAIll. ~ ~ lKB fJZE CP, KAIm.AIN'. PJl.'DOLANI) tml.... UNJi em. ~ CIP PIP:I! POR. ~ 11:0.-0 AU. !'tJJa'OIUlll lW....UI>& WI'IB .All. nUl ~, JlQtlD'MENI' AND J.PPtJR.T1lNANCE:S HBCSSSAIlY oa. ~ 1'011. 1BB mmu.:noN AND WAD<"'tENANCI 1U~""" ~ !NClDIlNrAL Pt,lK1'O!BS IN 'Avo)' Ol' SAN lJtIlo.v a.u ..olD BLIlC1ll.tC CDlG'ANY. PlCOJlmD ,JA!\.'UAllY '39, 1l\l7 AS FI1J! 1'iO. 11197-4IJ3W1 or 0lIPIaAL :lEC0UlS. TRJlllDtnll Qlf SA'C) l!"~ Ii BET CV'l' I:S SJ\]]) nocm.aNI AND kr.c<...'" .A Pos.llCX OF 'IHB m>Il!lllNDBll("lln:rlm noran'. RmDENCE IS MllDETO IltoJP INST1l.'tlJdBlIl'rPCB. fm,nm&E'.AJl.l'ICUL,US. 30. A US'1'ATllI) A:ND A.llaNl)1a) ~I'IlJIll DEVm..Ot'MEN1' ~ WITH ~ BOIl1,)BlI.B, DA'm1> w.u:a: 4, Itlt7, VPortl r.BI! 'XUM$, ~. AN%) CONI:lntON!l CClN'Z'.AJ;NEI) .~. E:X:ECU'IED BY AN1) BB~"': C1'IY OF c::mn.A. V1SI'A AMI B.A1J)WIN mnwms.A~1A COlU'~JT,CIN. :ItECOmED. MAY 12, 1997 AS~:tro.l"7~15l,\lliP02l0mr:IALR.EC~. 31. J\N:EASE:IdENT Faa. PtmLIC l'mrJ'alES, IN Dll! FOlUl 01' :PS8MAN!NT :!'%PBLtNB ~SBN:Ii:NrIiI AN:D IJl;:Bl'ISl!!S, non E.ot.RM8NI', ACCIl!!1 EAS:EMllNI'S AJ"JJ tlCDfSSS. ~y CtlN5I1luc:tll:':lN EASEMIlNI' AJ\lI) I.ICJl:lIl9S, AND 1'EB SXMPt3 ~sot.'tl'mPQll.PtlJl1'OW 01' CCJ:III'IlWCnON AND ~CB OF J>N 'l:1.lSDlilZGROtJNtl WA'I'D.. PIPl!lJ!lI'!IS, I'tnD ST~ i>N) JlEt-i,.TBD Al'POJl,~ ~ ~ENTAI. l'tlltPOGS :r:N FA'Y'OI\ ClP C7;AY WATBa DIS1'BICT. :MOOJDIlD ~Y Hl, 1991 M :m.1> !iO, 1,rn.(l324&]3 o:p OF.!'ICIAL RJl''''"'1I'T'l/l. I.OCA't2D w. u:woi .... ~ON OJ: toT 4, m:61.QUm OF lWD EtoSSM:BNrIS SET OUT IN SA1D DO~ .AmI Al'iJicn A l'oanONOP nmSElUiJ!(tIl;~ ~'I'Y'. ~ I! MAI)J!. TO SA1P ll'lS'1'J.11IIGN1'1'QIUUB.'I1lE2. PAll.lXCOLAJlS. ~2. .A:N ~ OPFD. TO tlEmC~:ill BU.r.. rltCPm..'n" l"OlIl. !'tl:II:LZl: 1UOBT ot WAYPOllPDIlES, :DA~w..,..f""Cl'28, Im'nU'AV01lCP nns c:t1"'t OFCBtlLA VISTA. tJ!IO:III't:Elii'Il!.R.Mll ANO COl'I:PInQNS CClNI'A.'lNSD P''''''''l/ll,R2C'OJ/1\'I3P AUc::l1$T a, 15197 AS PILE :so. tm.o~ ~ On'Ic:lAL ,ptYI'lt1)S. ovn AND ACl1t.OllS LOTS 1, IO;AN]) II. nm JtOt.'i1l CIP lAm z.uamNr tIS SET OUT N S.AlD DOCOlo4ENT AND AFPBCr5 A l'OllnON aF 1BII HEllBlN PJ!$OT:llW nOPm'IY, PA.C!; III 22.~ ~ ~ ~~~ ~:~I'l 00, E:~ 1:1"", SHAFFER DEVELOPMENT . . . 8!:!A..R.:E;l..:~5.~! 5~"S192:F!S~ \-A. ole loc;a;.2 (ItJOV. 11!111) (858) 782-9658 e3/24/00 10:88A P.028 F'tllST A'€IUCl'lIl SUIlI) NO.1~S1 P.Z3 PI'lJGE 23 OBDR:<<l. U4U7I-15 33. II. DEEP aE nx,,"'ST 10 SBClJJ.E ....'J IIIDEliHlloIJI'IiIs IN 1D ~ n.xNCJ'1U. SUM CJP $t 7,000.000.00, ANP ANY cnma AMCtJNT8 em. QBUGATIONS S&C\JllJlD ~-Y, RECOJmEl) lANtlIlX.Y 7, 2000 All m.s NO. 2000.ooo!ll4!O OF oFFICIAL :p~no;. DA~ ~16.t'" 'I1!.USTOR.: NNR1JWE& TWO, DlC., .A. tlEt.\.WAlUl: COJl:I'01tA.TICN TB.'t1nEBI CHICACiQ'J:TI'tSCOMl'A.'I\" ~:RN'ImClAlty: Q'tJAllAN1Y PJa)EL\L BANX. F.S,B.. A FBt':F9oU. SAVING5 !IA:r<< Al'l'ECTS nIB PROPEl.1'\' m>1I~DESM!":n:'" wrm: OTml:Il..D.OPD.7Y. 24, ntE LAND DBSc:::IlJIJm ~nN' ~ TO GWilUUIJ Ul. A "5tlBtIIY.lstON" Of LAND 'WIImN' Tn N:&ilNXNo OF ms stlBDMBION MAP 1tCr. ~ CQt)B 66410, BT SEIQ) 01t LOCAL CllmNANCIiS. 'WB wzu. IU!QlJIItE 'IRA.T A CER'l'IPtC4'Xl1 aT ~OCB (GO~ eons 664JJ.3S) EX2;COTEJ) BY nm r:rry OF CHtJt.A 'YJSTA 01. A. JlINAt. ~ N'AP em. P.-llCEL lU.P DB DCOJmBD 1N TH! 0nICE OF niB SAN I>IEOO COUNTY lUlCOJlDE& maR. TO I8!lt.1ING.ANYPOUOY' OP'nn.3 nts~ 11m ABOVE I1'Ebf: WILL :BE ~A!W tlJ'O!.' c:oNYEYANCS TO nm C1'IY OP CHtlLA 'YIS'tA.. 19l19,.2000T^"~nt:R COM .AIlBA: PilJlron NO..: 1ST II'fSTAI.I..MENr: :zl:olD JNSTAUMllNrl LAND VAI.ttE!: DQItO~: EXEMP'r," Cotl1t AJEA: p~"l"'f1I Nt!..: liT:tIGTA U "-""\l't, 2.l"lti!lll!T~ T ~~ u.Nl) 1lA.t.u.\!: ~: !lXEM:I'T: E2'd 012& 6113~1-GO U.QIZ7!'Am $.t,63LZ7 OPEN Il~z.oo 1-0. s-o- 0110 ~>>OJoOO S21,43g.7.l J'A!tl $n.43P.i'Z .oPEN S4.04S,6S6,QO $.g. S.o. PhGE;:lQ ~ 10, ?C!::! lol,;<;s:v~ 00. 5:2 ~\.I SHH~FER DEVELOPMENT (858) 792-9659 . 1l3,.,...a~~2a.2B!!:L.31~II::1<ll.~.!!.c; LA.,oIe a. W ~ Al} ",r o. lDliW (ltI:V. 7Jl1a) CQn1l. A.'IlJlA> PAB~ NO.: 1ST ,tNSTALUilENl": 20m) IN8TArT~ I.AND VALUE: ~: E:X!lMPT: . con:e: AlUlA: !'~NO.: lS'.l" Dl'STA.I.J:.ME:Jom nm~~ LANDV~ ' DD1OVEM:E!o-"l'S: ZXISMI'T: . !'2'd Q1262 544-DBD-'l6-llD S7,u!:.JS pAm S7,443.!IS OPEN '1,059,%71.00 s+ ~ Q1ZQ 644..ollQ..l ~-OO ".323.70 p /III) S9,3Z3.1D cmN S 1.38,5:5.00 ~ 5ol). l'AGS21 03/24/00 10:39A P.024 = ~0IlN SLJm:l \'1:),149 ~:N OBDD. llro.1240Z'B-15 I' ~, ~a~ Wd€S'I'0 00. 82 ~dW . -- ..... -- -- ---- SHH~~EF: DE\'ELOpr1ENT (858) 782-9658 03/24/00 10:39A P.025 . ~~,"'FIR.l!3.20l!IIZ.~ ~::!IeF'M""~CD&C: LA,*' "'..., :.f..~ &,UI;lSoO .........""'""'" D.&.............W'O.... FIRn ~;tCll/( 5.AI:D N:l.1~; f":~:2~ .100.4 (UV. '1II1J) QlU)Dl'O.1J4l11%7I-15 u:c:.u.~....o.u.If 'IBE :u..NO:IIJlFIl]lJU:C TO unJll'of IS SmrA'TED IN tHf. &l'~n;: OF c.u.Il'01U'ttA, COUNTY OF SIIN DIEOO, AND IS DIl$""'''''''''' AS~: . PAB.CSL A;. ~~O. 1) THOSE l'OR-noNS Of LOTS 1 nnOUGH 4, ):I."Q...mIMI, I, 9 ANP Ii, OF OtAY:2A."'IlCl:JO, iN !BE cou:N'IY OP SAN DlBGO. STAm OF CAIJPOJ.NrA, ...CCQRIllmi TO 1\(1\1' NO. i6'Z. FILED !N"IHE omCi Of 'nm COtlNlY ~OF SAID COCNtY.PBlllW,u,y 7, UOO, LYlNG 1Ict."'Im!:ld. Y afl'rBE 11OI.LOWJNG ~ tJNB: C~ClNO AT: 'I'Ha JNl1!ll:lBCnCN Of nIB ~ en HtNI'B PA1lX.WAY. AS SHOWN ON artlLA vmTA. 'fl!,ACI"NO. ~-3A. ~ NO. 13292, :m.m Dl'tiEa oFFIa OF SAID COt.lI\"IY 1l%CO~:EJ/., wrm THS Noa1EW!SIEU.~ UNB 01' &AID mAY ~O WBICH BEAllSNOB.11l: 71'S1'I~' u.sr;tmlNCE SOtTlB 31"44'!D"MST SSP,Dg FBE'I'TO A TANClBNT CtJ'i.V]i. c::osc::A. Vi: ~TERLY, HA.VING A Jl.AI)Ml G' 1910.0CI r:ml'tl T.HEJ:IlC6 80U'1'HllRL y ;ZOS9A7 EI3ET ALONG SAIl) ctmVJ1 nmOlJGEl A Cbl1'llAL ANGLB OF 60"27'49- 'J:'9]!)l'c:3 TM"GEN'l' fRO],( ~ CU1l.VS!lOUTS: :2.1'43'40" WBST 7'DO.1" n:s.'I TO A TANGBliI' CtJltVE CCll'oIChW NOJI.nJ'W1lSnQU.Y HAV'nro A ~ OF 2100,00 FEST: 'ImNCE SC't1IHWl!lS'rEEi:V iU,l11 F'5f ALCIN13 SAIl) ct.'l.VB 1'!.ta.OU(tX ~ ANOLS o,f 6'S2'06" TO J.. 'POINT IN BAlD C01I.v-. 1'lIENCE CXINI1NtllNG 8Otl1'EI:\VB5TDLY ~ SAIl) Ctl1VE,. Q.7.17 !"EBt' 'tEJ!,Ot)GU A cmmLAL ANO-lE ~ 12'$0'01"; '%'BE!lC!B T~ l'IUJ)( SJ.JD CtJltV'E sO'lJ'IR .W.2li'26" 'WEST 3112US iBBT W 1lDl 5~Y LINE Of' &A1tl t.0t" 12.AND nm 11ltJE !'cmrrOl'~, 1BENC!t ~"XS. 41"2&,16" BAST :il2US 1'51' TO SAm T~ Cl.:'R.v&. CONCAVE N~!l:l.wl:o&I'ElU.\".A.~ 'SAVOf!f It. RADIUS OJ' 2aoa,00 FEEl'; TBENCB ;tmJ.'1'.ImAS!:IlRLy 60!7,!7 1'SBr AlONG s.IlJD ctlR.VB nmoucm A t:alIJt.AL />NGlJI OP 1%"5O"Dl- TO llAlD ]>O!!o,"I' IN SAID etm.VE.; niENCB BOUtS: 1~04S'Sl. WElT 21'.02 PEt'; 'tBENCB llOUTK l~'ll. EAST l~!.os n;:E~ ~CE SOCIH 159"19'13. EAST 119.1ll11Bln TO A TANGl!:N1' CtlltVli CONCAVS s~y HA.'YDlG A Jl..U)%U3 0'8 245.00 EEEr; '1'1mIfCS lICt1'1'RBAB'tmlLY 111." PEBT AIJ:R1G BAJD c:u:II:VB "t'mI.Ct1OH J.. c;s:NDI.AL ANaLIO :rCJ'S'" 'IHIONCi TANGENT nOM SAm COP.VE. soum 440I)9'lS" ]lAST nUl :esT TO A ~ C01l.V,S CONCAVE; SO\l'lXWB$T!IU.Y EAvtNG A. JtAt)1tiS OF 5'40.00 :PEIrr; ~CE aUlJumA&'tEIl1.Y 104.10 FEEl' ALOHG SAIl) cuaVB 'I'JD.OCG'.!I,A CBN11AL ANGLE ~ U"a:t'4S'" ~ I'ANGENI' F.ll.OM:!AIl) ClJll.VE saum: 32"06'32" XAS'I" 106.59 ' n1:T 'to A l'ANG:El:'IT Ctl1V5 CONCAVE NO:&nmASTBIIt-Y Hl'.YJrI"G A XJ\DW& OF I53D.oo FliEI': ~ ~Y 193.SJ RZT'.ALONG SAD) CUJ.VB THaQUOH A CBNDlAL ANGUt OP t,.S1'48" nmNCE TANGENT nON: SAm CtlIl.VB, SOUTH "'"44'201- ~ST 2B7.'~ FESr TO A TANGEN'r am.VE. CONCAVE SOUIB'IIIEl'IElu:r HAVDIlO A ltAmUl 12 ::110.00 1'IiS'I'; ~ som:BBo\.~y 1'1.2.:1 n:E't ALmlO SAJ:D ct:lZ.VZ 'nIltOl.lGH A ~ J\N01Jl ~ 3MO"3P"l nmNCB, TJINtmNT Flll>>l: SAIl) ct11'YlS, llotlTB 14';13 'C" Jil,ol.5T 152,0d5 P.EBr; 'IHENCE SOtfIH 7'Oll'1&" BAST '').11 ;FBEri ~ sa1n1l lIIi'30'SS" BAST ;ZOS.31 P'IO:IZT; nmNC! soum 4?<4'...... BAST '7.19 PEIlt'i 'IRllNCS SCUIJI t7"30'1Z" !loIr.llT 3',04 PSr; 'IEEHCl! !lotTIB 50'4l)'OZ' :&A.Sr o.n 2'DT: 'nIENCB :!'101m 0"4'38" M8T ~S4 iMIi21 . S2'd ~ I:n :)Q~ WdES:: 1'121 ElI2I, E2 ~.. SHAF;=-ER DEVELOPMENT (858) 782-8658 03/24/00 10:38A P.026 . !l3/r:e~:'~:"~:2-:J15~'n1a~ IJ1.M FIR5:f Al'lEIUlWf SUl!D 1'10..451 ~ 2J .1O-.a (J.1CV. """'" OBDEB MO. JZ4l12'11-IJ . :FEET 1'0 A TANGENT am.w COm:..\.VJ! JIID1'l'E1VES11:1U..Y SA. ~ ^ J..\DIUS OP 26G.o~ TmlNCB N~~1:ll1lLY :lSo.S8 FEST At.ClNG &AlD CCIl.V& TKI.OtJOE A. CD!11AL ~ SS"t3',14ft TO .... ~ CtIJl.VB CONl:A.VB :BAII'nlllLY 1lA.v.ING A JIAZ:lIU& OF 2J7D.oQ l'1'll!T1 u~....a NOk11DllU.Y !M1.7. :t'BE1' AI.CNG SAm ~'\I1t 'tD.Otl'OJI It. ~ ANGtS OF IB"1I1'11"; nmNCB T~GliNT 1'Jl.CN SAID ctJR.VP. Ncmnt IS"U':S6" 2#JlT 7K.941'EE1' TO A TANaENt C'tl&VB ~CAVIUot.mil!.A.lTl!lT BAVlNG AJlJIJ:m."1i . 0]: %180.1:10 PSn; ntIl:N'CS 1746.14 fEET ALONO BAJD Ctlll.'VR THllooaR It. C!!N'I1IAL . ..t.:NCI2 OF H.44'18~ TO 'IHB liOB.tmiAS:tmI.LYtJNBOF!lAJI) OTAYUNCEID, ~ 1SATpOaTIOll OF !lAID LO'!: 4, LYINO SOU1'!IDU.Y aF tHE SOU11IEH.LY t.11G r:J1 '1"BE IAND CONY!YEO TO nm SOUl'BEllN CArJFO:ItNIA. MOCNI'.AIN WA1'EF- COMPANY, BY D!EP ll.IlCOttDED JtlN1! :M, 1912, IN BOOIt S71l,l'AOIO 113 OF :DBBPlI, OF OF.FICIAL BEOORP!l OP' SAIl) COtIN'IY, AND Sotl'1'1IWES'I'lY QP Tml ~Tlll'.LY UNE OF ';I'HB L.\toll) ~ TO '1'BA onv WATER. t4S'nlICT, A PUBXJ:e BODY, COlU'ORA'tS .A:ND POI..t1'IC :BY:aNAL ClWBR OF c~"nO'N. CASE NO. 7(l.(i44.1 ~ JULY 10, 1917 AS I'tIB NO. 1"7..032'"33. OJ" CJPFICIAL llEO'JlU)S OF SAID ~. A1,SO &J,N .. ~ Ul~ noM T.II$It.SOW ~...."""'" ~l'SIt.TY mom: l'OlCr.lClNS 01' rnt.4 c:c~ 'BY Sio)l DIEGO W\NI) COMPANY':ro 'I1IB Sct1IHBl\N CAZ.:D'QJ'.NL\.uomlT~ WA11!1l. COMPANY. BY Pllm nAn.:l') A1'RIL 11. 1912. ANtI RECQU)ED mNB ~ 1112. IN BOOX.$70. PAGE U3 or DlitllDS. ALSO ~nN'G ~ 'fRAT:POltTltlK ~ TO 1'HI!. arY 01 BAN:Dmoo BY Jl'.MAl. ......l"l'll'll. OF CXINtIEMI\ATIOIof RiCotmEP )(4""'1112, 1m. AS :FJI.S ;NO. go.t:Ut!6 OF On:ICIA,LJtEOOltDS OF SAN mlSGO COONIY. ALSO EXCEnING nmRXf'1I.OM TRA.T POllTICN CCNVEYED TO 'Iml OTAY w...n::a. x:a:S'DIC'l'. ..A. PtIBUC 3OOY. ~ns Git1) l'OUItG JY' :!ItNAL OJ.DBR. OF CONDBMNjoI.noN, CASB}lO. 7Od-1014-1, U:CClJI.m'!lJ :rtlLy 10, 1997 AS mE NO. Lm-03:l4I!! OF O~aAl.IUiCOJttl5 r:n $AN:DIEGO COtINI'\'. PARCEL B;(tJNtV3R.S1TYNC. 2); THAT PORnON' 01' LOT 4 OF OTAY Jl.A:NCHO, IN 'IE! COUNTY 01' SAN :DIEGO, STATB OP t:.'~ ",c:coP1)DCCJ TO MAP ~, IC02, PJ1ElJ IN TIm OPPIca OF TH!:. COUNTY uOCOO):Ea OF S1J1) CotrmY, D:mU:AB.Y 7, 1'00, l.nNG SOt11"BER.LY r:n T!IE SOlJ'l"HElU. Y LIN:E 011 nm LAlIID CONVEYED 'IO 'nIB SOC'1'BEll.N ~MCWNrAIl" WA"lllll. CClMP./\Jn", BYDI!JlD:&aCQ1l.D:8.ll StI'1ol8 2A.1~2, lNJI,Oox. 5'0. PAGE 113 OFm.ED& Of SAID CO'ClNT\". J.1.1D SOt.Tl'HWZS'I:'a1. YO; Tlim &OtTmW:E$1'J1i1.Y IJNB OR 't'RIl UImJ 00NvEYED TO 'IXE t>>:AY WATElt DISTIUJ:T. A l'tJBIJJ: BODY. OQRPaRAT.6 .A1'QtI pexnu:: ri:FINAL OllDml OF cmmEMNAnoN. CASS NO. '7047.w.l ~ JULY 10, 1997 AS F.lt8 NO. 1519'1-aJ~S~!. m OP:f1C1AL ~ OF II..\ID oomnY. . PAM 2' ':i!Z'd ~ 1;;"1 ~~ ~!:!~'...~ ia.!l! E2 ~,,~ EXHIBIT 'F' UNIVERSITY OPEN SPACE OTAV RANCH - CHULA VISTA CAUF~NIA BOUNDARY 10 1 1 1 VILLAGE 11 12 I I 1-------- IOpt", I Sp~c I I I I I I reserve Boundary 13 14 (j) .."',,""u PlANNING 101'19 IU!mekens St StEt! 200 !NaNElRO<G Son I>ego, Ca !l2121 SURVEYING PH(.58)55&4500. FX(658)SSlI-1414 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 of the 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 ofthe 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 1 50091930v2 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, written 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 ofthe 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 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. 3 50091930vl 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" "TRUSTOR" CITY OF CHULA VISTA NM HOMES TWO, INC., a Delaware corporation, as successor-by-merger to NM Homes Two, LLC, a rID Delaware limited liability com By: By: Its: Its: ?~;d~'^-t By: Its: "LENDER" GUARANTY FEDERAL BANK, F.S.B., a federal saving b By: Its: 4 50091930v2 STATE OF CALIFORNIA } } } SS. COUNTY OF On kwc"" 2-1.., l.oo-:> , before me, r ..l.,~ev,,;,,,,Iv\,,-,,,,,et(.., a notary public, personally appeared (vv:.-'''''J "]). :I--'V-:.<.,.. ,1'<;;,>vllaHy kHe .. II to me, or proved to me on the basis of satisfactory evidence, to be the person(lO whose name(ii) istare subscribed to the within instrument and acknowledged to me that heJshefthey executed the same in his/IHlr/tRiif authorized capacity(lesJ, and that by his!l3.ir/their signatureQc) on the instrument the personC~, or the entity upon behalf of which the person('l) acted, executed the instrument. Witness my hand and official seal. /"l /) Signature ( ./c:ptr':-UlIC LA' ~ - - - - - ~;.:; ~ - I I @ ,,!l;;=:~:" ! 1___~~~~2lI.~1 COUNTY OF SAN DIEGO } } } SS. STATE OF CALIFORNIA On March 23, 2000 , before me, Rosalinda 1. Molin'} a notary public, personally appeared **SrM t To r.nv**, personally known to me, or proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature R..~ ~\-t;'-"L- ----l ------:; 1. ~,I.~ l \' NallIYNlIC-.......w-- ScI'I [)logO co.ntY _ _ _ ~:~~~~3.~ k 5 50091930v2 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 ill 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 I(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 Mfordable Housing Site and Process Community Purpose Facilities Site dated December 1,1994 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 of an 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. 05-14-99 9060-<10005 S;\172\99030001.MS9 . 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; I (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 S:\I72\99030001.MS9 . . 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 ll. 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 !Jp.plementing 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.()0005 S;\172\99030001.MS9 3 . 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 oftime 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. l 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 05-14-99 9060-00005 S:\172\990l0001.MS9 4 . . . " 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 ~~f4r~ David ~. Rowlands, Jr. City Manager of the City of Chula Vista By: L"c /ft~ v ~arne: Jack L. McDonald Title: President & CEO , " OS' \7-99 9060-00005 S,11721990JOOO1.MS9 5